Hollows/FP-ES 990525~ISERVICES'
A Texae Utlllll~l
C~ompiny~
1639078 $39, O0
ENCROACHMENT ON EASEMENT
3ER-107398, 3ER-190255, 1DR-L9.6
May 25, 1999
Re:
Liggett - Payne 138ky,
Northlake to Northaven
NW Carrollton to Hackberry
The Hollows of Northlake Woodlands Addition
City of Coppell, Texas
q2ity of Coppell
c/o Mr. Robert Hagar
500 N. Akard, 1800 Lincoln
Dallas, Texas 75201
Dear Mr. Hagar:
THE CITY OF COPPELL (hereinafter referred to as User) has requested permission to construct
public streets, Sora Drive (a fifty foot wide right of way) and Crestview Drive ( a fifty foot wide
right of way), two twenty foot wide drainage easement areas, and a twenty four foot wide emergency
apparatus access mad as shown in the attached Exhibits, within thc area or boundaries of Texas
Utilities Electric Company's (TLr Electric), successor to TEXAS POWER AND LIGHT
COMPANY, and DALLAS POWER AND LIGHT COMPANY, easements recorded in Volume
657, Page 106, Volume 85077, Page 3200, Volume 3887, Page 110, and Volume 4594, Page 302,
Deed Records of Dallas County, Texas.
TU Electric is agreeable to the construction of Sofa Drive, Crestview Drive, thc two drainage
easement areas, and the emergency apparatus access road, hereinafter referred to as the "encroaching
facility", if the encroaching facility is located and described as shown on the attached drawing,
marked Exhibits "A" and "B" and incorporated herein, and subject to the following terms and
conditions:
It is understood and agreed th~ TU Electric holds easement rights on thc property involved;
/
v'
o
o
therefore, User will be required to obtain whatever rights and permission, other than TU
Electric's, that are necessary. This letter agreement shall extend to and be binding upon User
and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights
held by TU Electric under its easement.
User shall defend, indemnify and hold harmless TU Electric, its employees and agents from
and against any and all claims, expenses, (including attorney fees), damages, losses and
judgments whether for bodily injury or damage to property whether or not arising from the
sole or concurrent negligence or fault of User, its agents, representatives, contractors, or
employees, arising out of or incident to the presence, construction, operation and
maintenance of the encroaching facility.
Use ofdraglines or other boom-type equipment in connection with any work to be performed
on the TU Electric easement by User, its employees, agents, representatives or contractors
must comply with Texas Statute (3TexCiv. St. 1436c), the National Electric Safety Code and
any other applicable safety or clearance requirements. Notwithstanding anything to the
contrary herein, in no event shall any equipment be within fifteen feet of the TU Electric
power lines situated on the aforesaid property. User must notify Archie Brown or Mike Shea
at 972-721-6255 at least 48 hours prior to the use of any boom-type equipment on the TU
Electric easement.
It is expressly understood and agreed that if the property has transmission or distribution
facilities located thereon, User shall not place upon the premises, any improvements
including but not limited to, buildings, light standards, shrubs, trees or signs unless approved
in writing by TU Electric.
It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed
on the easement.
TU Electric will not be responsible for any costs of coustmction, operation and maintenance
of Users encroaching facility. It is further agreed that TU Electric shall not be liable for any
damage to the encroaching facility herein agreed to as a result ofTU Electric's use pursuant
to its easement. Any TU Electric property damaged or destroyed by User or its agents shall
be repaired or replaced by TU Electric at User's expense and payment is due upon Users
receipt of an invoice fi:om TU Electric.
General construction limitations on encroachments are described and listed in Exhibit "C"
attached hereto and by reference made a part hereof.
It is understood and agreed that, in case of default by User or its agents in any of the terms
and conditions herein stated and such default continues for a period often (10) days after TU
Electric notifies User of such default, TU Electric may at its election forthwith terminate this
agreement and upon such temfination all of User's rights hereunder shall cease and come to
an end. This agreement shall also terminate upon the abandonment of the encroaching
facility.
If the foregoing terms and conditions are acceptable to The City of Coppell and NLW Development
Group, please have the original and a copy of this letter agreement signed and returned to me at 300
South St. Paul Street, Room 314, Dallas, Texas 75201 within 30 days for final approval by TU
Electric. This letter agreement shall be effective only after final approval by TU Electric.
Yours very truly,
JeffHustead
Senior Right of Way Agent
ACCEPTED:
CITY OF COPPELL
APPROVED:
TU ELECTRIC
By:
Date
[~itt - City Manager
02362
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared W. Kyle
Ray, 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 Texas Utilities
Company, as the Attorney in Fact thereof, and for the purposes and consideration therein
expressed and in the capacity therein stated, and that he was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /o~ day of
_...J'"'"~,.,. e. , A.D. 1999.
Notary Pub'¢,~ and for the State of Texas
(Print Name of Notary Public Here)
My Commission Expires:
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared Jim Witt,
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 City of
Coppell, as the City Manager thereof, and for the purposes and consideration therein
expressed and in the capacity therein stated, and that he was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /,~-7¥) day of
:~"~ ~ ~__ , A.D. 1999.
Notary Public in and for t t~te of ~exas
(Print Name of Notary Public Here)
My Commission Expires:
~ o 1,7 /aooo
99121 02363
EXHIBIT "A"
STREET DEDICATION
FIELD NOTES
4376ESMT
BEING a tract of land for street dedication situated in the James Parrish Survey, Abstract
No. 1139 and the John C. Cook Survey, Abstract No. 315, City of Coppell, Dallas
County, Texas, and being part of a T.P. & L. Co. easement as recorded in Volume 657,
Page 106 and Volume 85077, Page 3299 of the deed records of Dallas County, Texas,
said street dedication being more particularly described as follows;
BEGINNING at a point on the southerly line of a 20 foot alley and the northerly line of
said T.P. & L. Co. easement, said point being N 78" 41' 41" E, along the common line
between said 20 foot alley and T.P. & L. Co. easement, a distance of 142.72 feet from the
most southerly southwest comer of replat Phase A Northlake Woodlands East No. 10, an
addition to the City of Coppell as recorded in Volume 88006, Page 4454 of the deed
records of Dallas County, Texas;
THENCE, N 78° 41' 41" E, along said common line a distance of 50.97 feet;
THENCE, S 00° 05' 58" E, a distance of 82.61 feet;
THENCE, Around a tangent curve to the right having a cenU'al angle of 07° 00' 08", a
radius of 275.00 feet and a chord bearing of S 03° 24' 06" W, an arc distance of 33.61
feet;
THENCE, S 06° 54' 10" W, a distance of 21.85 feet;
THENCE, S 34° 58' 07" E, a distance of 14.89 feet;
THENCE, Around a tangent curve to the right having a central angle of 04° 21' 03", a
radius of 275.00 feet and a chord bearing of S 73° 37' 21" E, an arc distance of 20.88
feet;
THENCE, S 71° 26' 49" E, a distance of 24.84 feet;
THENCE, S 78° 41' 41" W, along the southerly line of said T.P. & L. Co. easement, a
distance of 196.75 feet;
THENCE, Around a non-tangent curve to the right having a central angle of 49° 25' 00",
a radius of 275.00 feet and a chord bearing of N 71° 05' 18" W, an are distance of 237.18
feet;
9912 I 0236t
THENCE, Around a reverse curve to the lef~ having a central angle of 19° 36' 09", a
radius of 225.00 feet and a chord bearing of N 56° 10' 53" W, an are distance of
76.98feet;
THENCE, N 78" 41' 41" E, along the northerly line of said T.P. & L. Co. easement, a
distance of 74.66 feet;
THENCE, Around a non-tangent curve to the right having a central angle of 06° 48' 15",
a radius of 275.00 feet and a chord bearing of S 49° 46' 56" E, an arc distance of 32.66
feet;
THENCE, Around a reverse curve to the lef~ having a central angle of 56° 17' 20", a
radius of 225.00 feet and a chord bearing orS 74° 31' 28" E, an are distance of 221.04
feet;
THENCE, Around a reverse curve to the right having a central angle of 12° 16' 20", a
radius of 275.00 feet and a chord bearing of N 83° 28' 01" E, an are distance of 58.90
feet;
THENCE, N 48° 46' 26" E, a distance of 14.89 feet;
THENCE, N 06° 54' 10" E, a distance of 21.85 feet;
THENCE, Around a tangent curve to the lef~ having a central angle of 07° 00' 08", a
radius of 225.00 feet and a chord bearing of N 03° 24' 06" E, an arc distance of 27.50
feet;
THENCE, N 00° 05' 58" W, a.distance of 72.71 feet to the PLACE OF BEGINNING
and containing 27,494 square feet or 0.6312 acres of land.
EXHIBIT B
jl REPLAT PHASE A
NoRTHLAKE wooDLANDS EAST NO. 10
( Vo1.88006' pg.4454-
$0°
1~ ~ N ' LOT 2 8 ~ ~ ' '(Vol.65 _ ~ 3299)
_ c
CURVE TAB
T~T BEARING ~G~
C-~ ~ 27~00' 07~'08' ~6.82' 33.6F ~3.59' S 03~4'0~' w
C-2 ~ 275.00' 04~I'03' I0.45' 20.88' 20.88' S 73'~7'2~' E ~ S 0~'54'~0' w 21.85'
C-3 275.00' 49~5'00' t26.53' 23X~8' 229.90' N 71~5'18' W T2 S 34~8'07' E t4.89'
C-4 22~' 19'36'09' 38.87' 76.98' 76.60' N 56~0'53' W T3 S 71~6'49' E 24.84'
C-5 275.00' 06'~'15' ~6.35' 3Z66' ~ 32.64' S 49'46'5~'
C-6 225.00' 56~7'20' 120.~6' 221.04' : 212.26' S 74'31'28' E T5 I N 06'54'~0' E 21.~'
C-7 275.~' 12~6'20" 29.56' 5~90' 58.79' N
C-8 225.~' 07~'08' 13.77' 2X50' 2X48' N 03~4'06' E
~~ TIPTON ENGINEERING, INC.
G~rlond. rexos 75045. Ph. No. 226-2967 ~ES P~$H S~, ~ST~CT NO. 1139
n~ c~c~n n~ s~ ~oa ~o. ~0~ C. COOK EUR~Y, ~~ NO. 315
]/98 4376
CURVE RADIUS DEL TA TANGENT LENGTH CHORD BEARING
C-I 27~00' 071)0'08' 16.82' 35.61' 33.59' S 03-24'06' HI
C-2 ~ 275.00' 04'21'05' 10.45' 20.88" 20.88' 5 75'37'21' E
C-$ 275.00' 49'25"00' 126.53' 237.18' 229.90' N 71135'18° HI
C-4 22.~00' 19'36'09' 38.87' 76.98' 76.60' N 56~0'53' HI
C-5 275.00' 06'48'15' 16.35' 32.66' 32.64' S 49'46°56' E
C-6 225.00' 56't7'20' 120.$6' 221.04' 212.26' $ 74'$1'28' E
C-7 275.00' t2~6'20' 29.56' 5&90' 58.79' N ~-28'01' E
C-8 225.00' 07~)0'08' 13.77' 27.50' 27.48' N 03'24'06' E
TANGENT BEARING lENGTH
Tt S 06'54'10' W 21.65'
T2 S 34~J8"07' E 14.89'
T3 S 71~6'49' E 24.84'
T4 N 48'46'26' E 14.89'
T5 N 06'54'10' £ 21.85'
EXHIBIT "A"
EMERGENCY APPARATUS ACCESS EASEMENT
METES AND BOUNDS DESCRIPTION
4376AE1
BEING a tract of land situated in the lames Parrish Survey, Abstract No. 1139, City of
Coppell, Dallas County, Texas, the subject tract being a portion of a tract of land
conveyed to T.P. & L Company according to the deed recorded in Volume 3887, Page
1 l0 of the Deed Records of Dallas County, Texas (DRDCT), the subject tract being more
particularly described as follows:
COMMENCING at the southeast comer of a tract of land conveyed to N.L.W.
Development Group according to the deed recorded in Volume 95159, Page 4187
(DRDCT), and the southwest comer of said T.P. & L Company tract;
THENCE, N 29° 13' 59" E, along the common line between said N.L.W. Development
Group and T.P. & L. Company tracts, a distance of 715.44 feet to the PLACE OF
BEGINNING of the herein described tract of land;
THENCE, N 29° 13' 59"E, a distance of 24.00 feet
THENCE, S 60° 43' 06" E, a distance of 100.00 feet;
THENCE, S 29° 13' 59" W, a distance of 24.00 feet;
THENCE, N 60° 43' 06" W, a distance of 100.00 feet to the PLACE OF BEGINNING
with the subject tract containing 2,400 square feet of land.
............ ,99121 02367
EXHIBIT "B"
NL~ ~
ST. ~ 0 ~S ~ SO ~~STE~
~0~
~0 ~o~, ~,~. - s~t. c ACCESS ~~
D~ CHEC~D DA~ SC~ ZOB NO. J~S P~SH S~ ' ~~ NO. 1139
db 5~99 I"=100' 4~76 CI~ OF COPPE~, D~r, L4S CO~. T~
99 i 21 O,~Ooo
DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION
4376DE2
BEING a tract of land situated in the John C. Cook Survey, Abstract No. 315, City of
Coppell, Dallas County, Texas, the subject tract being a portion of a tract of land
conveyed to T.P. & L Company according to the deed' recorded in Volume 3887, Page
110 of the Deed Records of Dallas County, Texas (DRDCT), the subject tract being more
particularly described as follows:
COMMENCING at the southeast comer of a tract of land conveyed to N.L.W.
Development Group according to the deed recorded in Volume 95159, Page 4187
(DRDCT), and the southwest comer of said T.P. & L Company tract;
THENCE, N 29° 13' 59" E, along the common line between said N.L.W. Development
Group and T.P. & L. Company tracts, a distance of 106.57 feet to the PLACE OF
BEGINNING of the herein described tract of land;
THENCE, N 29° 13' 59" E, a distance of 25.61 feet;
THENCE, S 73° 15' 30" E, a distance of 50.00 feet;
THENCE, S 29° 13' 59" W, a distance of 25.61 feet;
THENCE, N 73° 15' 30" W, a distance of 50.00 feet to the PLACE OF BEGINNING
with the subject tract containing 1,250.00 square feet of land.
EXHIBIT "B"
N. L . F'. / / /ii"~
ST. LOCIE & SOUT~STE~
~0~
i
~~'TIPTON ENGINEERING, INC. D~NAGE EASME~
6330 Groad~ay GI~. ~ Suite C
aodafld, Texas 75043. ,h. No. 226--2967 THE HO~OWS ~ NOR~ WOOD--DS
~ c~c~D ~ s~ ~o~ ~o. JO~ c. COOK S~ ~ ~~ NO. 315
db 5Z99 I"=100' 4376 C~ OF COPPE~, DAr. r.~ CO~, T~S
9912 { 02370
DRAINAGE EASEMENT
METES AND BOUNDS DESCRIPTION
4376DE1
BEING a tract of land situated in the lames Parrish Survey, Abstract No. 1139, City of
Coppell, Dallas County, Texas, the subject tract being a portion of a tract of land
conveyed to T.P. & L Company according to the deed recorded in Volume 3887, Page
110 of the Deed Records of Dallas County, Texas (DRDCT), the subject tract being more
particularly described as follows:
COMMENCING at the southeast comer of a tract of land conveyed to N.L.W.
Development Group according to the deed recorded in Volume 95159, Page 4187
(DRDCT), and the southwest comer of said T.P. & L Company tract;
THENCE, N 29° 13' 59" E, along the common line between said N.L.W. Development
Group and T.P. & L. Company tracts, a distance of 777.82 feet to the PLACE OF
BEGINNING of the herein described tract of land;
THENCE, N 29° 13' 59" E, a distance of 22.29 feet;
THENCE, S 86° 59' 08" E, a distance of 44.01 feet;
THENCE, S 03° 00' 52" W, a distance of 20.00 feet;
THENCE, N 86° 59' 08" W, a distance of 53.86 feet to the PLACE OF BEGINNING
with the subject tract containing 979 square feet of land.
99121 02371
EXHIBIT "B" -
i .. · DEVELOPMENT GROUP ~ ---/-,,, ~ ,/
S~ LO~S &
~0~
6330 Broadway Blvd. - ~ite C
Garland. Texas 75043. Ph. No. 226-2967
db 5/99 ~"=~00' 43?6 C~ OP
EXHIBIT "A"
EMERGENCY APPARATUS ACCESS EASEMENT
METES AND BOUNDS DESCRIPTION
4376AE2
BEING a tract of land situated in the James Parrish Survey, Abstract No. 1139, City of
Coppell, Dallas County, Texas, the subject tract being a portion of a tract of land
conveyed to D.P. & L Company according to the deed recorded in Volume 4594, Page
302 of the Deed Records of Dallas County, Texas (DRDCT), the subject la'act being more
particularly described as follows:
COMMENCING at the southeast comer of a tract of land conveyed to N.L.W.
Development Group according to the deed recorded in Volume 95159, Page 4187
(DRDCT), and the southwest comer of a tract of land conveyed to T.P. & L Company
according to the deed recorded in Volume 3887, Page 110 (DRDCT);
THENCE, N 29° 13' 59" E, along the common line between said N.L.W. Development
Group and T.P. & L. Company tracts, a distance of 715.44 feet;
THENCE, S 60° 43' 06" E, a distance of 100.00 feet to the PLACE OF BEGINNING of
the herein described tract of land;
THENCE, N 29° 13' 59" E, a distance of 24.00 feet;
THENCE, S 60° 43' 06" E, a distance of 130.00 feet;
THENCE, S 29° 13' 59" W, a distance of 24.00 feet;
THENCE, N 60° 43' 06" W, a distance of 130.00 feet to the PLACE OF BEGINNING
with the subject tract containing 3,120.00 square feet of land.
EXHIBIT "B"
~o~os~ ~
N.L.r. DE~LOPMENT GROUP /
IJ ~ ~ ~~,, ,,
//
ST. LOUIS & SO~STE~
~o~
[TIPTON ENGINEERING. INC. E~BGENCY ~P~~S
~%~ ~ i s~,~ ~ ACCESS ~S~
co~,d, w~o, 7s0(I ~,. ~o. 22s-~8~ ~ HO~OFS ~ NOBTH~ FOOD--S
D~ C~C~D DATE SC~ ~OS NO.
db 5/99 I"=100' 4~g6 C~ OF COPPE~, DALLAS COUP, ~S
99 i 2 i 0237~
CONSTRUCTION LIMITATIONS
ON
TU ELECTRIC COMPANY RIGHT-OF-WAY
You are notified, and should advise your employees, representatives, agents, and
contractors, who enter the property that they will be working in the vicinity of h~g.h voltage
electrical facilities and should take proper precautions, included but not lim,ted to the
following stipulations and in compliance, at all times, with Chapter 752, V.T.C.A., Health
& Safety Code.
Blasting is not to be permitted on Company right-of-way or under Company lines.
Grading will be done in order'to leave the right-of-way as near as possible to present
condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on right-
of-way. Slopes shall be graded so that trucks can go down the right-of-way when requ,red
and such that they can be mechanically maintained.
Street or road crossings are to be based-on d~'awingS'submitted. Any change in alignment
or elevation will be resubmitted for approval.
No signs, lights or guard lights will be permitted on the right-of-way.
Equipment will not exceed 15 feet in height when operated under the electrical lines.
Fencing will not exceed 8 feet in height and will be grounded, at 10' intervals, with an
appropriate driven ground. Gates should be at least 16' in width to allow TU equipment
access to the right-of-way.
No dumpsters will be allowed on TU Electric right-of-way or fee owned property.
Drag lines will not be used under the line or on Texas Utilities Electric Company right-of-
way.
Shoring will be required where excavation is within 10 feet of a structure and will extend
20 feet each side of the centerline of the structure. Shoring will be sufficient to withstand
the added load of the structure and its footing. Shoring. shall not be left open for extended
periods of time, except when pipe or underground facilities are installed, shoring shall be
removed and properly backfllled as soon as practical. Backfill will be thoroughly tamped.
Water tamping will not be permitted within the area.
Right-of-way will be protected from washing and erosion by the method approved before
crossing permits are granted.
No obstruction shall be installed on the right-of-way that would interfere with access to
Texas Utilities Electric Company structures or prevent mechanical maintenance.
Before any work is done under Texas Utilities Electric Company lines or by Texas Utilities
EtectricGompany-structures-notify-the Manager-ofDallasRegior~ransmissiorh-(97-2)-7-2+-
6257.
Brush and cut timber will not be piled or stacked on Texas Utilities Electric Company right-
of-way or not be burned upon or in close proximity to the conductors or towers.
EXHIBIT "C"
99121 O2375