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Switching Stat/FP-CS 890328 I??.ll?l VIA TELECOPY Hr. Kyle Ray Manager Real Estate and Right-of-Way Texas Power & Light Post Office Box 660268 Dallas, Texas 75266-0268 REI Easements to City of Coppell for Widening . of Coppell Road and Thwe~tt Road ' YOu have requested my thoughts on whether easements or deeds by dedication should be granted by TUElectric and Brazos Electric to the City of Coppell for the widening of Coppell Road and Thwea=t Road. In my opinion it would be best for TUElectric and Brazos Electric to grant easements as opposed to the dedication by deeds of their property for the following reasons t 1. The property is subject to a first and prior .. right of purchase in favor of William F. ' CalleJo, Trustee, -~s set out-in the Deed dated October 28, 1986, recorded in Volume 86214, Page 2064, Deed Records ~f Dallas County, ~ Texas, and Mr. CalleJo's reservation of this right in that Deed would apply to a "disposi- tion" of this property by a deed; 2. I have conferred with Mr. CalleJo on this issue and he indicated =hat he would not have-any problem with the granting of easements by TUElectric and Brazos Electric ~o the City of Coppell, because, in Mr. Call,Jo's mind, the granting of an easement was not the type of "disposition" of this property which would trigger the first and prior right of purchase in his favor as set out in the Deed referred to above; Hr. Kyle Ray March 28, 1989 Page Two 3. Because of the provision in the October 28, 1986 Deed from Mr. CalleJo to TU~.lectric, I believe it necessary for TUElec~ric and Brazos Electric to retain a right of reversion in the event this street is ever abandoned or not constructed. Such da right of reversion makes more sense in regar to an easement as opposed to granting property by deed, which implies a complete disposition of the property; and 4. Because of the nature of the facility which TUELectric and Brazos Electric will build or have built at this intersection, I think it necessary and desirable for both utilities to reserve a number of rights in the property they are granting by easement to the City of Coppell which ordinarily would not be found or permitted in deeds, whether by dedication or otherwise. For example, it is obviously important for both utilities to have access to their adjacent property at this intersection in order to maintain, operate, and service the switching station and substation which will help to provide necessary electric service to the community, and that can be more easily accomplished by ~ranting an easement which . permits certain us~s to the ~City, but retains a number of rights in the utilities with respect to the property granted. These are among the reasons which ~ believe support our position that easements should be granted t e City of Coppell for the widening of the streets as oDposed to deeds by dedication. If I can be of any further assistance on this ~uestion, please do not hesitate to call me. Very truly yours, SGJIXI I ew ~'~~ JOl~ FORMAN SECRETARY / TREASURER WILLIAM G. PARKER PRESIDENT LUTHER PARKS WCE PRE$1C? The Brazos System ' Brazos Electric Power Cooperative, Inc. RICHARD E. McCASKILL " EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER ' March 30, 1989 Mr. John T. McAlpin Manager of Engineering Design TU Electric P. O. Box 660268 Dallas, Texas 75266-0268 Re: Coppell Substation Dear John: Brazos' time required to execute a Fee Simple land transaction usually takes six to eight months as it requires winding through the federal bureaucracy. The easement grant has been used in most all of our previous transactions with cities in the metroplex area and has not created a problem anywhere. Si.~erely, Manage~-ProjecV~/Construction and Engineering ms cc: Robert Kelly Albin Petter POST OFFICE BOX 2585 WACO, TEXAS 76702-2585 PHONE [817) 750-6500 / GENERAL OFFICE: 2404 LASALLE AVENUE / EASEMENT THE STATE OF TEXAS COUNTY OF DALLAS That TEXAS UTILITIES ELECTRIC COMPANY, a Texas corpora- tion, hereinafter called "Grantor", for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, has granted, sold, and conveyed, and does by these presents grant, sell, and convey unto the CITY OF COPPELL, TEXAS, hereinafter called "Grantee", an easement and right-of-way to construct, maintain, inspect, repai~, operate and remove a public street, to wit, for the widening of Coppell Road ("the Facility") over, under, across, and upon that certain tract of land described in Exhibit "A" and as depicted as Tract 2 on the survey plat marked Exhibit "B" attached hereto and made parts hereof for all purposes. The term "Grantee" as used herein means the CITY OF COPPELL, TEXAS, its employees, successors, assigns, contractors, "subcontractors, representatives, and agents, and all public utilities permitted by the CITY OF COPPELL, TEXAS to use the tract of land described in Exhibits "A" and "B". Grantee covenants, promises, and agrees that in the event the construction, operation, repair, inspection, or maintenance of the Facility by the Grantee, or any person or persons or entity authorized or permitted by Grantee, whether negligent otherwise, causes any injury or damage to the property of Grantor, Grantee agrees and c~venants to pay to Grantor the costs of repairing or replacing such damaged property promptly on receipt of a statement of the costs from Grantor. Grantee shall, at its own cost and expense, comply with all applicable laws, rules, regulations, and orders issued by any governmental authority in regard to the construction, operation, repair, maintenance, and removal of the Facility. Grantee agrees to indemnify and hold harmless Grantor for any claims, demands, penalties, fines or attorney's fees incurred by Grantor relating to violations or alleged violations of such laws, rules, regula- tions, or orders in respect to the Facility. Grantee shall have the right of ingress and egress over and across the easement area described in Exhibits "A" and "B" at any and all reasonable times for the purpose of constructing, operating, inspecting, repairing, and maintaining the Facility, egress shall be limited solely to'the easement area and shall not extend to Grantor's property outside the easement area. Grantor retains the rights of ingress and egress across, under, over, and through the property described in Exhibits "A" and "B" to and from Grantor's adjacent property with the right to construct, maintain and use one or more driveways for such ingress and egress. Grantor further retains the. right to cross over, under, and through the property described in Exhibits "A" and "B" with electric power lines, whether such lines be owned and/or operated by Grantor or by Brazos Electric Power Cooperative, Inc. or jointly. Grantee shall not use any explosives in connection with any work to be performed on the property described in Exhibit "A" or with regard to the Facility itself. Should shoring of any excavation and/or erection of barri- cades be required for the protection of Grantor's equipment or property as a result of Grantee's exercise of the rights granted. herein, Grantee agrees to cause such shoring and/or barricades to be placed and performed at nO?expense to Grantor and to Grantor's satisfaction. Grantee shall use and operate cranes, draglines, backhoes, other boom-type equipment and industrial waste vehicles in the ~.p~'o~crty da~cr[bed in Exhibits "A~ and 'JR" Facility, in strict compliance with all applicable laws, rules, and regulations, including laws, rules, or regulations req6iring advance notice of use or operation of such equipment to Grantor. Grantor shall not be charged or assessed any cost of construction, operation, maintenance, repair, replacement, or removal of the Facility. Ail rights herein granted are subject to all liens of record which apply to the property described in Exhibits "A" and "B", and to the first and prior right of purchase in favor of William F. Callejo, Trustee, as set out in the deed dated October 28, 1986, recorded in Volume 86214, Page 2064, Deed Records of Grantee shall reimburse Grantor for any and all costs and expeBses incurred by Grantor for any relocation or alteration of Grantor's equipment or property which may be necessary as a result of the construction, repair, maintenance, removal or inspection of the Facility. This easement shall be binding upon, and inure to the benefit of the parties, their successors, and assigns; provided, however, that Grantee shall not assign this easement or any interest therein without Grantor's written consent. TO HAVE AND TO HOLD the above-described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of the property described in Exhibits "A" and "B" shall absolutely revert to Grantor, its successors and assigns, and no act or omission on the part of them shall be a waiver of the enforcement of such condition, and Grantee shall upon its abandonment of this easement and right-of-way execute a release of this easement in a form acceptable to Grantor. WITNESS OUR HANDS this day of , 1989. TEXAS UTILITIES ELECTRIC COMPANY B~ (Title) GRANTEE: ATTEST: CITY OF COPPELL, TEXAS B~ City Secretary (Title) APPROVED AS TO FORM: By. City Attorney THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this'day person- ally appeared ' ~ , of TEXAS UTILITIES ELECTRIC COMPANY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the said TEXAS UTILITIES ELECTRIC COMPANY, for the purposes and consider- ation therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1989. NOTARY PUBLIC in and for the State of Texas My Commission Expires: (Printed Name of Notary Public) THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day person- ally appeared , of- the CITY OF COPPELL, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the said CITY OF COPPELL, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1989. NOTARY PUBLIC in and for the State of Texas My Commission Expires: (Printed Name of Notary Public) EXHIBIT "A" FIELD NOTES Tract 2 Being a tract or parcel of land located in the John E. Holland Survey, Abstract 614, City of Coppell, Dallas County, Texas, and being a part of that certain 0.775 acre tract conveyed to Texas Power and Light Company from J. W. Sowell and wife, Catherine Sowell by deed recorded in Volume 84130, Page 1578, of the Deed Records of Dallas County, Texas, and being described as follows: BEGINNING at an iron pipe found for the northeast corner of the above mentioned 0.775 acre tract, same being in the existing we~t right-of-way line of Coppell Road. THENCE S-02°56'24--W along the existing west right-of-way line of Coppell Road, same being the east line of the said 0.775 acre tract 150~42 feet to a concrete monument found for the southwest corner of the 0.775 acre tract, same being the recognized north- east corner of Brazos River Transmission Electric,. Inc. two acre tract. THENCE N-89°57'51"W along the south line of the said 0.775 acre tract and the north line of said two acre tract 40.05 feet to a point for corner in the proposed west right-of-way line of Coppell Road. THENCE N-02°56'24--E along the proposed west right-of-way line of Coppell Road 150.39 feet to a point for corner in the north line of the said 0.775 acre tract. THENCE East along the north line of said tract 40.05 feet to the place of beginning and containing 6,017 square feet or 0.138 acres of land. EASEMENT THE STATE OF TEXAS COUNTY OF DALLAS That BRAZOS ELECTRIC POWER COOPERATIVE, INC., a Texas corporation, hereinafter called "Grantor", for and in consider- ation of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, has granted, sold, and conveyed, and does by these presents grant, sell, and convey unto the CITY OF COPPELL, TEXAS, hereinafter called "Grantee", an easement and right-of-way to construct, maintain, inspect, repair, operate and remove a public street, to wit, for the widening of Thweatt Road ("the Facility") over, under, across, and upon that certain tract of land described in Exhibit "A" and as depicted as Tract 1 on the survey plat marked Exhibit "B" attached hereto and made parts hereof for all purposes. The term "Grantee" as used herein means the CITY OF COPPELL, its employees, successors, assigns, contractors, subcontractors, representatives, and agents, and all public utilities permitted by the CITY OF COPPELL, TEXAS, to use the tract of land described in Exhibits "A" and "B". Grantee covenants, promises, and agrees that in the event' the construction, operation, repair, inspection, or maintenance of the Facility by the Grantee, or any person or persons or entity authorized or permitted by Grantee, whether negligent or otherwise, causes any injury or damage to the property of Grantor, Grantee agrees and covenants ta pay to Grantor the costs of repairing or replacing such damaged property promptly on receipt of a statement of the costs from Grantor. Grantee shall, at its own cost and expense, comply with all applicable laws, rules, regulations, and orders issued by any governmental authority in regard to the construction, operation, repair, maintenance, and removal of the Facility~ Grantee agrees to indemnify and hold harmless Grantor for any claims, demands, penalties, fines or attorney's fees incurred by Grantor relating to violations or alleged violations of such laws, rules, regula- tions, or orders in respect to the Facility. Grantee shall have the right of ingress and egress over and across the easement area described in Exhibits "A" and "B" at any and all reasonable times for the purpose of constructing, operating, inspecting, repairing, and maintaining the Facility, or removing same in whole or in part. Such right of ingress and egress shall be limited solely to the easement area and shall not extend to Grantor's property outside the easement area. Grantor retains the rights of ingress and egress across, under, over, and through the property described in Exhibits "A" and "B" to and from Grantor's adjacent property with the right to construct, maintain and use one or more driveways for such ingress and egress. Grantor further retains the right to cross over, under, and through the property described in Exhibits "A" and "B" with electric power lines, whether such lines be owned and/or operated by Grantor or by Texas Utilities Electric Company or jointly. Grantee shall not use any explosives in connection with any work to be performed on the property described in Exhibits "A" and "B" or with regard to the Facility itself. Should shoring of any excavation and/or erection of barri- cades be required for the protection of Grantor's equipment or property as a result of Grantee's exercise of the rights granted herein, Grantee agrees to cause such shoring and/or barricades to be placed and performed at no expense to Grantor and to Grantor's satisfaction. Grantee shall use and operate cranes, draglines, backhoes, other boom-type equipment and industrial waste vehicles in the property described in Exhibits "A" and "B", or with regard to the Facility, in strict compliance with all applicable laws, rules, and regulations, including laws, rules, or regulations requiring advance notice of use or operation of such equipment to Grantor. Grantor shall not be charged or assessed any cost of construction, operation, maintenance, repair, replacement, or removal of the Facility. Ail rights herein granted are subject to all liens of record which apply to the property described in Exhibits "A" and "B", and to the first and prior right of purchase in favor of William F. Callejo, Trustee, as set out in the deed dated October 28, 1986, recorded in Volume 86214, Page 2064, Deed Records of Dallas County, Texas. '~ran%ee shal± reimbu~s~ Gran'tor for any and all costs ,and expenses incurred by Grantor for any relocation or alteration of Grantor's equipment or property which may be necessary as a result of the construction, repair, maintenance, removal or inspection of the Facility. This easement shall be binding upon, and inure to the benefit of the parties, their successors, and assigns; provided, however, that Grantee shall not assign this easement or any interest therein without Grantor's written consent. TO HAVE AND TO HOLD the above-described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of the property described in Exhibits "A" and "B" shall absolutely revert to Grantor, its successors and assigns, and no act or omission on the part of them shall be a waiver of the enforcement of such condition, and Grantee shall upon its abandonment of this easement and right-of-way execute a release of .this easement in a form acceptable to Grantor. WITNESS OUR HANDS this day ~f , 1989. GRANTOR: BRAZOS ELECTRIC POWER COOPERATIVE, INC. (Title) GRANTEE: ATTEST: CITY OF COPPELL, TEXAS By. City Secretary (Title) 3 APPROVED AS TO FOkM: By~ City Attorney THE STATE OF TEXAS COUNTY OF McLENN~N BEFORE ME, the undersigned authority, on this day person- ally appeared , of BRAZOS ELECTRIC POWER COOPERATIVE, INC., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the said BRAZOS ELECTRIC POWER COOPERATIVE, INC., for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1989. NOTARY PUBLIC in and for the State of Texas My Commission Expires: (Printed Name of Notary Public) THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day person- ally appeared , of the CITY OF COPPELL, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the said CITY OF COPPELL, TEXAS, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1989. NOTARY PUBLIC in and for the State of Texas My Commission Expires: (Printed Name of Notary Public) EXHIBIT "A" FIELD NOTES Tract 1 Being a tract or parcel of land located in the John E. Holland ~y,~-~ ~st~act ~o. ~.~,~ ~ City of Copp~ll, Dallas and being part of a called two acre tract conveyed to Brazos River Transmission Electric Cooperative, Inc. , from W. W. Sommerville and wife, Anna Sanders Sommerville by deed dated August 12, 1942, and recorded in Volume 2366, Page 327, of the Deed Records of Dallas County, Texas, and being described as follows: BEGINNING at a concrete monument found' in the present north right-of-way line of Thweatt Road, same being the recognized southwest corner of Brazos River Transmission Electric Cooperative, Inc., two acre tract. THENCE N-04~22'18"-E along the west line of said two acre tract 40.03 feet to a point for corner in the proposed north right-of-way line of Thweatt Road. THENCE S-87°54'12"-E along the proposed north right-of-way of Thweatt Road 379.57 feet to a point for corner in the proposed west right-of-way line of Coppell Road. THENCE N-02°56'24"-E along the proposed west right-of-way line of Coppell Road 171.06 feet to a point for corner in the north line of the above mentioned two acre tract. THENCE S-89°57'51"-E along the north line of said tract 40.05 feet to a concrete monument found for the recognized northeast corner of Brazos River Transmission Electric, Inc., two acre tract located in the existing west right-of-way line of Coppell Road. THENCE S-02°56'24"-W along the existing west line of Coppell Road 212.50 feet to the recognized southeast corner of the said two acre tract located in the existing north right-of-way line of Thweatt Road. THENCE N-87 °54'12"-W along the existing north right-of-way of Thweatt Road 420.57 feet to the place of beginning and containing 23,674 square feet or 0.543 acres of land.