Parkway Blvd/FP-ES 890306DEDICATION OF PUBLIC OPEN SPACE EASEMENT
THE STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS:
That ABQ Development Corporation, a corporation duly
organized and existing under the laws of the State of New Mexico
("Grantor"), does hereby dedicate to the City of Coppell, Dallas
County, Texas ("Grantee"), for the use and benefit of the.public
and subject to the conditions and limitations contained herein,
but without warranty of title, either express or implied, a
nonexclusive easement and right to maintain open space and prohi-
bit structures, objects or plants which substantially and
materially obstruct vision of vehicles traveling on the con-
tiguous public rights-of-way, upon and across that property
("Easement Property") more particularly described by metes and
bounds on Exhibit "A" and shown on the sketch on Exhibit "B"
attached hereto and made a part hereof for all purposes.
Provided, however, nothing contained herein shall prohibit or be
deemed to prohibit the placement or location of underground
utilities, aboveground utilities, traffic signalization equip-
ment, directional signs for traffic, parking, or other warning
purposes, and/or landscaping upon the Easement Property. Nothing
contained herein shall grant, or be construed to grant, Grantee
the right to use the Easement Property for any purpose other than
for the purposes set forth herein.
TO HAVE AND TO HOLD the above-described easement,
together with all and singular the rights and appurtenances
thereto in anywise belonging unto Grantee, its successors and
assigns forever. The dedication of this easement is made, and
accepted, subject to all encumbrances, liens, covenants, rights-
of-way, and other matters (i) of record in Dallas County, Texas
and/o= (ii) visible and on the ground or that a correct survey
would reveal, to the full extent same exist and affect the ease-
ment herein granted.
Grantor expressly reserves unto itself and its suc-
cessors and assigns, the right to use and enjoy the land covered
by and subject to this easement for any purposes whatsoever,
except insofar as said use and enjoyment unreasonably Interfere
with the rights hereby granted to Grantee. Grantor specifically
reserves, without limitation, the right (i) to grant additional
easements upon or across the Easement Property to such other
persons or entities and for such purposes as Grantor may desire;
(ii) to extend driveways, walks, passageways, planting,
landscaping and other like uses across and along the Easement
Property; (iii) to construct or locate pavement, signs, parking
facilities, utilities and other such items or materials upon or
across the Easement Property; and (iv) to provide public or pri-
vate drainage facilities upon and across the Easement Property,
provided that, in all such cases, there shall not be any unreaso-
nable interference in Grantee's use and enjoyment of the rights
hereby Granted to Grantee.
It is understood and agreed that this dedication is of
an easement only and in no way grants or conveys any part of the
underlying fee simple estate of any lands owned by Grantor.
This easement and all of the terms, provisions and obli-
gations hereof shall be covenants running with the land affected
thereby and shall inure to the benefit of and be binding upon
Grantor and Grantee and their respective successors and assigns.
DEDICATION OF PUBLIC OPEN SPACE EASEMENT - Page
IN WITNESS WHEREOF, this instrument is executed this the
day of Y~n~c~ , 1989.
ABQ DEVELOPMENT CORPORATION
./ Stan S~rtck~an,
Senior Vice President
STATE OF Dc~ ~%~,¢u §
COUNTY OF '~.\\o ~
This instrument was acknowledged before me on this ~/~ day
of ~rc~ , 1989, by Stan Strtckman, Senior Vice
President of ABQ Development, a New Mexlco corporation, on behalf
of said corporation.
OF~C~At S~A~
~DNA PACHSCO
N01ARY ~USh~C ' SIAI~ OF NE~ ~EX~CO
Notary Boud ~ed w~th Secretary o~ S~a~e
/ /
Notary Public in and for the
State of ~]~ ~ x,'~'l)
My commission expires:
Printed name of Notary:
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property
conveyed by this Dedication of Public Open Space Easement dated
~c~. '32; , 1989, from ABQ Development Corporation to the
City of Coppell, County of Dallas, State of Texas, has been duly
accepted, subject to all terms and conditions contained therein,
by resolution of the City Council adopted P;~. /~ ,
198~ , and the City Council has consented to recordation of such
Dedication of Public Open Space Easement by its duly authorized
officer.
DATED ~~ 198~_.
, City )ell
Count'
Da/las s
ATTEST:
City Secretary, City of Coppell
Dallas County, Texas
DEDICATION OF PUBLIC OPEN SPACE EASEMENT - Page 2
STATE OF TEXAS §
COUNTY Of~
~~nt was acknowledg~d,~ befo~.e m~% ~~ day
of _ , 1988, by _1 ] %~f-~ ,
Mayor o~ the City of Coppell, Dallas County, Texas.
State of Texas
My commission expires:
Printed name of~tary:
After Filing Please Return To:
ABQ Development Corporation
c/o James W. Schell
Law, Snakard & Gambill
3200 Texas American Bank Bldg.
Fort Worth, Texas 76102
JWS/bw#95
ABQ
DEDICATION OF PUBLIC OPEN SPACE EASEMENT - Page 3
STREET EASEMENT
NOKTHWEST CORNER - PARKWAY BOULEVARD AND
DENTON TAP ROAD
LEGAL DESCRIPTION
BEING a tract of land located in the a.A. & M.G.R.R. SURVEY,
Abstract No. A-1430, City of Coppe11, Dallas County, Texas and
being a portion of the 109.7022 acre tract of land described as
Tract i conveyed to ABQ DEVELOPMENT CORPORATION by the deed
recorded in Volume 88103, Page 2326 of the Deed Records of Dallas
County, Texas, and being more particularly described by metes and
bounds as follows;
COMMENCING at an iron rod at the most easterly northeast corner
of said 109.7022 acre tract being in the present west Right-
of-Way of Denton Tap Road, a variable width Right-of-Way;
THENCE S 67° 24' 45" E, 3.17 feet along the north boundary of
said 109.7022 acre tract with the south boundary of a tract
of land conveyed to the CITY OF COPPELL by the deed recorded
in Volume 83005, Page 3549, of the Deed Records of Dallas
County, Texas, to an iron rod;
THENCE S 01° 03' 40" E, 400.35 feet along the west boundary of a
proposed strip of land to be dedicated as additional Right-
of-Way for Denton Tap Road according to the plat of PARKWAY
BOULEVARD (WEST) (unrecorded), to the POINT OF BEGINNING;
THENCE S 01° 03' 40" E, 25.00 feet continuing along said proposed
west boundary to an iron rod lying in the north Right-of-Way'
line of proposed Parkway Boulevard, a 105-foot Right-of-Way
according to the aforesaid plat of Parkway Boulevard (West)
(unrecorded);
THENCE S 88° 57' 25" E, 25.00 feet along said north Right-of-Way
line of proposed Parkway Boulevard to a Point;
THENCE N 43° 56' 53" E, 35.35 feet to the POINT OF BEGINNING,
containing 0.0072 acres (312.5 square feet) of land, more or
less~
STREET EASEMENT
SOUTHWEST CORNER - PARKWAY BOULEVARD AND
DENTON TAP ROAD
LEGAL DESCRIPTION
BEING a tract of land located in the S.A. & M.G.R.R. SURVEY,
Abstract No. A-1430, City of Coppe11, Dallas County, Texas and
being a portion of the 109.7022 acre tract of land described as
Tract I conveyed to ABQ DEVELOPMENT CORPORATION by the deed
recorded in Volume 88103, Page 2326 of the Deed Records of Dallas
County, Texas, and more particularly described by metes and
bounds as follows;
COMMENCING at an iron rod et the most easterly northeast corner
of said 109.7022 acre tract being in the present west Right-
of-Way of Denton Tap Road, a variable width Right-of-Way~
THENCE S 67° 24' 45" E, 3.17 feet along the north boundary of
said 109.7022 acre tract with the south boundary of a tract
of land conveyed to the CITY OF COPPELL by the deed recorded
in Volume 83005, Page 3569 of the Deed Records of Dallas
County, Texas, to an iron rod;
THENCE S 01° 03' 40" E, along the west boundary of a strip of
land to be dedicated as additional Right-of-Way for Denton
Tap Road according to the plat of PARKWAY BOULEVARD (WEST)
(unrecorded) passing an iron rod at 425.37 feet lying in the
north Right-of-Way line of proposed Parkway Boulevard
according to the aforesaid plat and continuing in all a
distance of 530.37 feet to an iron rod and the POINT OF
BEGINNING lying in the south Right-of-Way line of proposed
Parkway Boulevard end the west line of aforesaid proposed
additional Denton Tap Road Right-of-#ay~
THENCE S 01° 03' 40" E, 35.00 feet continuing along said west
boundary of aforesaid proposed additional Denton Tap Road
Right-of-Way to a POINT~
THENCE N 46° 03' 08" W, 49.51 feet to a POINT lying in the'south
Right-of-Way line of proposed Parkway Boulevard~
THENCE N 88° 57' 25" E, 35.00 feet along said south Right-of-Way
line of proposed Parkway Boulevard to the POINT OF
BEGINNING, containing 0.014 acres (612.50 square feet) of
land, more or less.
'5
CITY OF COPPELL
VOL. 83005, PG. 3569
D. R. D. C. T.~POIrlT OF commEncEm£rrr
~.,'z, ../~11 ABO. DEVELOPrrl£rrl' CORPORRI~orl
PROPOSED WEST ~.
RIGHT- OF- W,~Y UllE "~ .~ EXlSTIrl& WResT
DErlTOrl TAP RORD ~q~ ~ RIC~HT- OF- WRY Lille
oenlon I'RP RORD
TRACT 1
ABQ DEVELOPMENT _o,
CORPORATION
VOL. 88103, ~ ~11 ~ :,DE, TOFI'I'RPIROAD II
PG. 2326 o..~11I N
D. R. D. C.T. '" ";!1 ! "
;. ;il! g ;o ;o
u* 011I i" " 40'
. . ~2~ i,~'~ rlORTHWEST CORNER CUP
r14-3· SG, SS' E
..
eC; PROPOSED ~ -- &EORG[ W. 7flC. K SURVEY- RISe1' ne age,
PARKWAY 80ULEURRD
rl 86' 5'r' ,~5" E ~x
~,:.0o' ~ ~,, POIIqT OF B£61nrllrlG
, ,,. o,. o,.. ~,~N/ I~ , ,:,,
,,~. '~r .,/~,~ I,t._,,x I r.. ^HI§IT
0.014 PG.-''''/ '~'11 ~so~.os'l~.~ 61REEq' ERSEfflErlT
: I 3,~.oo'
I
I
I
TRACT 1
ABQ DEVELOPMENT
CORPORATION
VOL. 88103, PG. 2326
D. R. D. C. T.
3'ArIUARY Ig, 1989
i20
ABQ DEVELOPrlIErlT CORPORATIOrl
VOL,. 88105, PG.
5,q. ~ rrl. t,.R.R. 5URU£Y. RB$'I'. ris- I¢~0
.C,£ORC, E kl 3'RCK §URUE¥, RB$'I'.rl
EXHIBIT B CITY OF COPP£LI,,
dp ~ Parch~ con~ltln~
I _ LJ I I I II I I I
Jill
II
, ll,llil:l
' !ll;~J! jt jj'l ,
ALFRED SALLINGER
LAWRENCE W. JACKBON
TIM KIRK
ROBERT L* DILLARD III
ROBERT D. HEMPHILL
ROBERT E. HAGER
PETER G. SMITH
JOHN PIERCE GRIFFIN
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
DAVID M. BERMAN
JOHN F. ROEHM III
BRUCE A. STOCKARD
M. LEWIS KINARD
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
OF COUNSEL
TO:
Mrs. Taryon Bowman, Planning &
City of Coppell
P. O . Box 478
Coppell, Texas 75019
Zopning Coordinator
LETTER OF TRANSMITTAL
DATE: 8-18-89
OUR FILE NO: Misc.
RE: ABQ Corner Clip
Easement Parkway Blvd
and Denton Tap
WE ARE SENDING YOU ATTACHED THE FOLLOWING:
Above easement which we have reviewed and approve for acceptance.
v J- LaWrence' ~_.~gson
Revised:
5121187
CITY OF COPPELL
ACTION REQUEST FORM
TO:
Lawrence Jackson
City Attorney
1800 Lincoln Plaza
500 North Ackard
Dallas, Texas 75201
DUE DATE? .- ?~'~)
APPROVAL OF DEPARTMENT HEAD:
i
cc: Alan D. Ratliff, City ManaEer
INSTRUCTIONS:
IF THE REQUEST IS FOR AN AMENDMENT, REPEAL OR CONCERNS A PROVISION
OF THE CODE OF ORDINANCES, CITE APPLICABLE SECTIONS OF THE ORDINANCE AND
OR ATTACH A COPY OF CODE PAGE(S), AND NOTE THE CHANGES TO BE MADE.
IF THE REQUEST IS FOR REVIEW, INTERPRETATION OF, OR AMENDMENT TO A
LEASE OR OTHER DOCUMENT(S), ATTACH HERETO.
STATE ACTION REQUESTED AND INCLUDE OR ATTACH ALL NECESSARY
INFORMATION.
FOR LEGAL DEPARTMENT USE ONLY
DATE RECEIVED INFORMATION RETURNED DATE
DUE DATE
ACT/RQST/FORM
PZAGN