Heartz Rd Elem/FP-CS 930625The City With A Beautiful Futu e
June 25, 1993
P.O. Box 478
Coppell, Texas 75019
214-462-0022
Mr. Pete Smith
Sallinger, Nichols, Jackson, Kirk, & Dillard
City Attorney
1800 Lincoln Plaza
500 North Ackard
Dallas, Texas 75201
SUBJECT PREPARATION OF AN ORDINANCE - HEARTZ ROAD ELEMENTARY SITE
Dear Pete,
CISD has submitted a request to abandon a utility easement located on the proposed site for a new
elementary school. The final plat for the subject site was approved by City Council; however, the
plat has not been executed with the Dallas County Plat Records department.
During our discussion last week, you suggested that the proper way to handle this request is to
prepare an easement abandonment ordinance, place it on the City Council agenda and request that the
Council review and approve the item.
Attached, are the documents necessary to prepare the ordinance including the dedication of utility
easement, the legal description and an exhibit depicting the location of the utility easement. Please
prepare an ordinance which would abandon this easement.
If you need additional information, please let me know.
Sincerely,
TaryoWPaster Bowman
/tb
attachments
CC:
Gary Sieb, Planning Director
Ken Griffin, City Engineer
DED]~CATION OF
UTILITY EASEMENT
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
That The Parks of Coppell Trust ("Grantor"), acting by and through its
Trustee, for and in consideration of the sum of One and No/100 Dollars
($1.00) and other good and valuable consideration in hand paid by the City of
Coppell, Texas ("Grantee"), the receipt and sufficiency of which is hereby
acknowledged and confessed, has GRANTED, BARGAINED, SOLD AND CONVEYED untc
Grantee, and does by these presents GRANT, BARGAIN, SELL AND CONVEY unto
Grantee, the free and uninterrupted use, liberty and privilege of passage in.
under, along, upon and across that certain land located in the City of
Coppell, Dallas County, Texas, owned by Grantor described by metes and bounds
on attached Annex A and depicted on attached Annex B, both attached Annex A
and attached Annex B being incorporated herein by reference for all purposes
(the "Easement Area"), for the purpose of locating, constructing, placing,
connecting to, using, operating, repairing, maintaining, replacing,
relocating and removing utility ~ines and improvements, including, without
~ limitation, electrical, gas, telephone, telecommunications, sanitary sewer
and storm sewer lines and improvements (the "Easement").
TO HAVE AND TO HOLD the EaSement, together with all and singular the
rights and appurtenances thereto in any wise belonging unto Grantee an~
Grantee's successors and assigns forever.
Notwithstanding anything to the contrary contained herein, Grantor
hereby expressly reserves unto Grantor and Grantor's successors and assigns
the right to use and enjoy the Easement Area for any purposes which do not
unreasonably interfere with the rights granted to Grantee herein, including,
without limitation, the right to: (i) grant or dedicate additional easements
or rights-of-way in, under, along, upon and across the Easement Area; and
(ii) locate, construct, place, repair, maintain, replace, relocate and remove
in, under, along, upon and across the Easement Area roads, streets, alleys,
driveways, walkways, p~sageways, utility improvements, parking improvements,
lighting improvements, fences, signs and landscaping.
Notwithstandil~g anything to the contrary contained herein, Grantor
further hereby expressly reserves the right to relocate the Easement Area and
any easement improvements then existing thereon if such relocation is
necessary to permit or facilitate development of Grantor's lands adjacent to
the Easement Area, but all costs of any such relocation must be paid by
Grantor and any such relocation must be approved in advance by Grantee, which
approval will not be unreasonably withheld or delayed.
Notwithstanding anything to the contrary contained herein, it is
understood and agreed that this instrument creates an easement only and in no
way grants, convey~ or dedicates to Grantee any part of the underlying fee
~oo ~
XMI 00SSV SMMA¥
simple es=ate of Grantor in or to the Easement Area. The Eas~t shall
terminate, without suit or remedy, when Grantee abandons the East.
The Easement is being created in part to facilitate the developNn~ of
lands owned by The Parks of Coppell Trust ("Trust") to the west an~ norT~ of
the Easement Area. Trust shall have the right to locate, constr%lct, place,
connect to, use, operate, repair, maintain, replace, relocate an~ re~ove
utility lines and improvements in the Easement Area to facilitate develop~nt
of such lands. Notwithstanding anything to the contrary contained herein,
the Easement shall not terminate or be terminated without the written consent
of Trust for a period of ten (10) years after the date hereof.
This instrument and all of the terms and provisions contained herein
shall be covenants running with the land and shall inure to the benefit of
and be binding upon Grantor and Grantee and their respective successors and
assigns. At Grantee's option, Grantee's rights hereunder also may be
exercised by Grantee's employees, contractors, subcontractors and agents.
EXECUTED as of the 4th day of August, 1992.
THE PARKS OF COPPELL TRUST
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on August 4, 1992, by
Harry M. Hargrave, Trustee of The Parks of Coppell Trust on behalf of said
trust.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 4th day of August,
1992.
Notary ~61~4~hbn and for ~
the-~tate of Tsx&~
- 2 -
After filing, please return to:
Richard M. Dooley
Jackson & Walker, L.L.P.
901 Main Street, Suite 6000
Dallas, Texas 75202
RIvIDI223695/D
- 3 -
BEING a 25
& M.G.R.R. Surve
and being part o
Good Financial C
recorded in Volumt
County, Texas and
COMMENCING
line of Parkway
line of Heartz Ro
line of Heartz
74~14'42" E.,
4
right herin9 a ce
feet; Thence 68.
la22'49'' E., 952.2
THENC~ S. 1
said west linc of
THENCE S.
THENCE
THENCE N. 88
THENCE N. 1
THENCE N.
Bugtnntng and cc
ANNEX A
D~AINAGE AND UTILITY EASEMENT
~oot wide strip of land situate4 in the
~, Abstract No. 1430 in Dallas County, TOxas
. a tract of land as describe~ in deed fro~
)rDOratlon to M. Douglas A~kins~ Truatee~ as
76188, Page 2]55 of the Deed Records o~ Dallas
being more particular~y doscribe~ aS
t a point of intersection of the southerly
Boulevard (an 88 foot R.O.W.) with the west
ad (a 60 foot R.O.W.); Thence a~on~ ssi4 west
~oad the following courses and distances; $.
.13 feet to the beginning of a curve to the
atral angle of 21"$6'42" and a radius of 179.09
~9 feet to the eRd of said curve; Thence
I0 ~ee= to the POINT OF BEGINNING;
°22'49" E., 25.00 feet continuing alone the
Heartz ROad to a point for corner;
~59'56" W., 289.5~ feet leaving the said west
~d to a point for corner;
)0158' E., 281.52 feet to a point for corner;
59'02" W., 338.66 feet to s point for corneT;
!~,49'l w.r 25.00 ~eet to e pOin~ for corne~;
59'02" ~.# 313.82 feet ~O a point fO= cornor;
10'58" W.~ 281.52 feet :o e point for corner;
18059'02" E., 314,40 teat tO the Volnt of
%raining 0.522 ac=es (22,744 square f~t) of
ANNEX B
DAN M. DOWDEY
16~.~0 DALLA~ PARKW&~
I'ZI4 I g31o 0694
ASSOCIATES · IN.C. ~
SUITE I00
D~I. LAS , TEXAS TSZ4B