Riverchase-3/PP-CS 860731GINN, INC.
TO 7-31-86
c,'o :" %'?' #
WE ARE SENDING YOU ~hed [] Under ,parat, cover via a~_~d'°/ .the following items:
[] Shop drawings [] Prints [:] Plans [] Samples [] Specifications
[] Copy of letter i-] Change order ~P __~_~ ~j~'. jO~'~.d',.~'
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
[] For approval [] Approved as submitted [] Resubmit copies for approval
[3 For your use [] Approved as no~ed [] Submit copies for distribution
OOPY TO
......... ~ .......... SIGNED:
~ul¥ ~9~ 198~
Mr. Gabe Favre
Ginn, Inc.
16135 Preston,s)ad
Dallas, Texas 75248
Re: D.P.& L. Co. Engr. Dept. File No. 22.12-C
Dear Mr. Favre:
Attached, for execution by the City of Ooppell, is an instrument providing the
right to construct ar~ maintain an open storm water drainage channel across a
portion of Dallas Power & Light C~y's transmission line right of way north
of the St. Louis & Southwastem Railroad and ~st of M~ Arthur Boulevard.
Follc~ing execution, please have the t~o copies of the instrument returned to
me for Dallas P(m~r & Light Company's files.
Yours very truly,
T. F. N~
Real Estate & Right of Way
Division Manager
DALLAS PCANER & LIGHT COMPANY - 1506 COMMERC~ STREET - DALLAS TEXAS 75201. (2t4)698-7000
A D~vision of Texas Utilit~ Elecfric Company
~ OR RIGHT OF %/AY
FILE NO. 22.12'-C
0 ENDW ALL MEN BY ~{ESE pRESENTS~
COJNTY C~ D~ 0 , . . · ' El~ic
~ & LI~ C~~a ~vls~ o%e~f~l~r~ ~ as
~ ~l~le ~slderati~ ~ ~_~ .... ~_~_.~r~rati~, herei~f~r referred
~x~ 75019, a ~u~
Lyin~ ~ sit~ in ~e 3~s p~rish Survey, ~tract
1139 ~ the t~ S. ~~ Su~ey, ~str~t ~. 1493 ~llas
~nty, ~x~' ~ ~i~ a ~t of ~at ~rtain 16.~ ~re
trot of 1~ ~vey~ ~ ~l~s p~r & Light ~~ ~ 3.B.
~sley, et ~, by a ~rr~ty ~d ~t~ ~r 16, 1956, of
r~ord in Vol~ 4594, ~e 302,
~xas, ~ ~in~ ~re ~ti~larly de~rib~
fo~ ~
~~ at a ~int ~ ~e ~u~east line of ~e ~e !6.~
~re trot of 1~, ~id ~int ~i~ 1~ 784.37 f~t N 29~
13' 41' E a~ ~id ~u~east line, fr~ ~e ~r~erly right
of way li~ of ~ St. ~is ~ ~~s~ ~ilr~ (a 100
~t right of ~Y)~
~ N 48~ 23' 26' W, 58'35 f~t ~ a ~int of ~ature of a
~e ~ ~ ri9ht havi~ a central ~le of 47~ ~' 00' ~ a
r~ius of 100.00 f~t~
~ in a ~rtherly directi~, al~ ~id ~rve ~ ~e right,
~ ~c dist~ of 82.03 f~t ~ a ~int of t~~
~ N 01~ ~' 26" W, 16.48 f~t ~ ~e end at a ~int ~ ~e
~r~st li~ of ~id 16.50 ~re trot.
~ere is al~ ~r~t~ ~ ~tee, its s~ce~rS ~ a~i~ns, ~e te~rary
~rki~ ~ n~~Y f~ t~ ~str~ti~ ~ ~inten~ of ~id ch~el.
Gr~tee, its a~ts or e~loy~s sha~ ~t u~ or ~u~ ~ ~ u~ ~Y ~erhead
~t l~it~
lift or ~-t~ ~i~nt, i~l~ing ~t of Gr~r's right of ~Y.
fndustri~ ~ste v~icles, within ~e li~ts
Gr~t~ s~ a~i~ Gr~r's ~inten~ & ~str~ti~ Divisi~ of the
S~stati~ & Tr~ssi~ ~~t at 698-7759 at
~~i~ ~Y ~rk ~ Gr~r's ri~t of ~y.
. .. ersh~ ~ ~re~ ~at if ~e pre~nce or ~intenance of
It i= =~re~ly .~ ~-L -l'~---in ~thoriz~ s~ at ~y t~ in t~
.... ' with ~Y u~
j~t of Gr~r ~terfere ' - ---rati~ of i~ ~i~, Gr~t~ agr
pr~i~s or wf~ the ~ze or c~v~en~
~kty (30) ~ys' ~itten ~ti~ ~ rel~ate said ~el
~ ~ ~e w~teuer ste~ n~ssary ~ re~er ~ u~ of Gr~tor's premises
~tisf~rY ~ ~e ~tor, ~id rel~ati~ or other ~rk ~essary ~ render said
pretty u~ble' ~tisf~tory ~ Gr~tor, ~ be ~lely at Gr~t~'s e~ ~ to
~ ~e as ~arly ~ practic~le in accord~e with Gr~r's req~st.
~is ea~nt shall contin~ ~ly ~ l~g as Gr~t~ herein shall use this
right of ~Y for ~e ~r~ ~rein de~rib~ ~ ~e ~ shall ~iately lapse
~ te~~ ~ ~s~ti~ of s~h u~.
~ ~e te~ti~ of ~is ea~t or 'right of ~Y for ~Y rea~n, Grant~
s~ surre~er ~is ~ent ~ the ~s~ssi~ of Gr~'s pro~rty herein~ve
~r~ ~ ~e ~ ~iti~ ~at s~h pro~rty ~s in at the ~i~ing of ~e
~m of ~is ~r~t, o~i~ ~ar ~ tear for ~ ~~ herein ~thoriz~
ez~p~ ·
FOR THE. FILES OF D.P'.&t-. C;O.
Grantor shall not ~ liable for any da~e to said easemnt or the contents
thereof howsoever such damage shall be caused, whether by the negligence of Grantor,
its agents,, servants or employees, except when caused by the wilf~ acts of Grantor,
its agents, servants or employees.
Grantee shall, at its own oost and expense comply with all applicable laws,
rules regulations, and orders issued by any governmental authority. Grantee agrees
to inde~ify and hold harness Grantor for any claiw~, de~nds, penalties, fines or
tot ees incurred relating to violations or alleged violat, i.ons o.f. such. 1.aw?,~
at ney f ...... ~--~ ~,r~h r. Grantee agrees to in~e~lry an~ no.~a
rules, regu atlons_ Or .... '- ,rred as a of Grantee's
'harmless Grantor £or any ~a~..es or =~F=,~ _~._._~__, -- ._...torts above described
lnstallati~, operatic~ or minteru~n~e o£ sa~ c~,=~ ~-, ~--.
Grantor and Grantee each agree that if any claim or liability shall arise from
the joint Or concurring negligence of both parties hereto, it sb~ll be borne by them
in proportion to their negligence. It is understood that it is not the intentic~ of
the parties hereto to create liability for the benefit of third parties but that
this agree~t shall be for the benefit of the parties hereto.
This grant of right of way is subject to the Lien of Mortgage and Deed of Trust
from Dallas Power & Light Company to The First National Bank of Boston, Successor
Trustee of record in Volume 1223, page 1, Deed of Trust Records, Dallas County,
Texas, and the Lien of Mortgage and Deed of Trust from Texas Utilities Electric
Company to Irving Trust Oompany, Trustee of record as filed with the Secretary of
State of the State of Texas, file number 83-281286, and shall not impair the use of
said premises in the operation of the business of Gran~, its successors and
assigns.
TO ~A~E A~ TO [~OID the a~e described easemant and rights unto the Grantee,
its sucoessors and assigns, for the ~urposes aforesaid an~ upon the conditions
fu ,rpose herein stated, then an~ thereu~ tn~s conveyance m~z be null and voi~ an~
the use of said ~ an~ premises shall absolutely revert to Grantor herein, its
sucoessors an~ assigns, an~ no act or omission on the part of them shall be a w~iver
of the enforcement of such condition.
AND Grantor does hereby bind itself, its successors and assigns, to warrant and
forever defend all a~d singular the above described ease~nt and rights unto the
Grantee, its successors and assigns, against every pers~ wh~oever lawfully
cla~_m*ng or t~ claim the ~ or any part thereof, by, thresh or under Grantor but
not otherwise.
~ as of this ~ ~ ~. .. day of O-~~~ '
A.D. 1986.
APPROVED-DALLAS POWER & LIGHT CuMPANY
L,l~Sal ,,;ounse,
GRAN'r~
D~T.TAS P(2~TER & LI(~{T C(]~PANY
By:
CITY CF COPPELL
City Secretary
By:
City Mayor
-2-
FILE NO. 22.12-C
sw~z ~ TEMPS 0
0
C(I]lq~ C~ DALIAS 0
~ ME, the undersigned authority, on this day personally appeared E. R.
I{)~, vice President of Dallas P(~er & Light Company, knc~n to be to be the
perso~ whose name is subscribe~ to the foregoing instr%~ent and acknowledged to me
that he executed the same as the act and deed of the said Dallas Power & Light
Ccm~pany, for the ~urpoees and oonsideration therein expressed and in the capacity
therein stated.
GIVEN/~ MY HAND AND SEAL OF OFFICE this ~4~ day of
_ ,
fo~ the State of Texas
-(Print ~ of ~Y P~lic Here)
My G~mmission Expires:
s'~ OF TEX~S 0
0
CXlmTY OF DAUmS 0
~F~]RE ME, the undersigned authority, on this day personally appeared
City Mayor of the
City of Coppell, Texas, k~own to me to be the person who_"-~ _na_,~ is' subscribed to the
foregoing instr~ent and acknowledged to me that he executed the same as the act and
deed of the said City of Coupell, for the purposes and oonsideration therein
expressed and in the capacity therein stated.
GIVEN ~ER MY HAND AND S~L OF OFFICE this day of , A.D. 1986.
N6tary Public in and for 'the State of Texas
--(Print Name of Notary public Here)
My (k~ission Expires
-3-
FILE NO. 22~12-<)
(>
~ OF D~r.raS 0
KNOW ALL MEN BY THfME PRESENTS:
That DALLAS ~ & LIGHT CCMP~, a Division of Texas Utilities Electric
ODmpany, a Texas Corporation in Dallas County, Texas, hereinafter referred to as
Grantor, for and in consideration of ONE AND N0/100 ($1.00) DOLLARS and other good
and valuable consideration to it cash in hand paid by the CITY OF COPPELL, 616
Cop~ll Boad, ~Coppell, Texas 75019, a F~nicipal Corporation, hereinafter referred
to as Grantee, has granted, sold and conveyed and does by these presents grant and
convey ~nto Grantee an easement or right of way for the p~rpoee of constructing and
maintaining am open storm water drainage channel in, u~der ar~ along the follc~ing
described property:
Lying and situated in the James Parrish Survey, Abstract No.
1139 and the the S. Thompson Survey, Abstract No. 1493 Dallas
County, Texas, and being a part of that certain 16.50 acre
tract of land c~nveyed to Dallas Power & Light Gompany by J.B.
Lesley, et ux, by a Warranty Deed dated Ocbober 16, 1956, of
record in Vol~e 4594, page 302, Deed Records of Dallas County,
Texas, and being ~re particularly described by center line as
follows:
~EGII~ING at a point on the southeast line of the abo~e 16.50
acre tract of land, said point being located 784.37 feet N 29°
13' 41" E along said southeast line, from the northerly right
of way line of the St. Louis & Southwestern Bailromd (a
foot right of way);
THin, CE N 48° 23' 26" W, 58135 feet to a point of curvature of a
curve to the right having a central angle of 47° 00' 00" and a
radius of 100.O0 feet;
~ in a mortherly direction, along said curve to the right,
an arc distance of 82.03 feet to a point of tangency;
THfNCE N 01° 23' 26" W, 16.48 feet to the end at a point c~ the
northwest line of said 16.50 acre tract.
There is also granted to Grantee, its successors or assigns, the temporary
M~rkfng space, neoessary for the cxmstruction an~ maintenanoe of BaLd channel.
Grantee, its agents or employees shall not use or cause to be used any overhead
lift or bc~m-type egui[~ent, including but not limited to draglines, backhoes and
industrial waste vehicles, within the limits of Grantor's right of way.
Grantee shall advise Grantor's' Maintenance & Construction Division of the
Substation & Transmission Department at 698-7759 at least two ~>rking days prior to
(x~m~e~cing any ~ork on Grantor's right of way.
It is expressly understood and agreed that if the presence or maintenance of
said channel on Grantor's premises as herein authorized shall at any time in the
judgment of Grantor interfere with any use Grantor may desire to make of said
premises or with the safe or convenient operation of its business, Grantee agrees on
thirty (30) Says' written notice to relocate said channel if practicable to do ..go,
o~ to take whatever steps necessary to render the use of Grantor's premises
satisfactory to the Grantor, said relocation or other ~ork n~essar¥ to render said
property usable, satisfactory to Grantor, to be solely at Grantee's expense and to
be d(x~e as nearly as practicable in accordance with Grantor's request.
This easement shall continue only so long as Grantee herein shall use this
right of way for the purpose herein described and the same shall ~iately lapse
and terminate ~ cessation of such use.
Upcn the termination of this easement or 'right of way for any reason, Grantee
shall surrender this easement and the possessicn of Grantor's property hereinabove
described in the sam~ oc~dition that such property was in at the beginning of the
term of this agreement, ordinary wear and tear for the purpose herein authorized
excepted.
FII2Z ND. 22.12--</
Grantor shall not be liable for any damage to said easement or the contents
thereof howsoever such damage shall be caused, whether by the negligence of Grantor,
its agents, servants or employees, except when caused by the wilful acts of Grantor
its agents, servants or emimloyees. ,
Grantee shall, at its o~nn cost and expense comply with all applicable laws,
rules regulations, and orders issued by any governmental authority. Grantee agrees
to inde~ify and hold harmless Grantor for any claims, demands, penalties, fines or
attorney fees incurred relatin~ to violations or alleged violations of such laws,
rules, regulations or orders. Further, Grantee agrees to lndenm~ify and hold
harmless Grantor for any damages or expenses incurred as a result of Grantee's
installation, operation or maintenance of said channel on Grantor's above described
property.
Grantor and Grantee each agree that if any claim or liability shall arise from
the joint or concurring negligence of both parties hereto, it shall be borne by them
in proportion to their negligence. It is understood that it is not the intention of
the parties hereto to create liability for the benefit of third parties but that
this agreen%ent shall be for the benefit of the parties hereto.
This grant of right of way is subject to the Lien of Mortgage and Deed of Trust
from Dallas Power & Light Company to The First National Bank of Boston, Successor
Trustee of record in Volume 1223, page 1, Dcc~d of Trust Records, Dallas County,
Texas, and the Lien of Mortgage and Deed of Trust from Texas Utilities Electric
Gompany to Irving Trust Company, Trustee of record as filed with the Secretary of
State of the State of Texas, file number 83-281286, and shall not impair the use of
said premises in the operation of the business of Grantor, its successors and
asaigna.
TO HAVE AND TO HOLD the above described easement and rights unto the Grantee,
its successors ar~ assigns, for the purposes aforesaid and u~ the conditions
herein stated until the same shall be abandoned for use by the Grantee for the
purpose herein stated, then and thereupc~ this conveyance shall be null and void and
the use of said land and premises shall absolutely revert to Grantor herein, its
sucx:essors and assigns, and no act or omission on the part of them shall be a waiver
of the enforcement of such condition.
AND Grantor does hereby bind itself, its successors and assigns, to warrant and
forever defend all and singular the above described easement and rights unto the
Grantee, its . successors and assigns, against every person ~cmsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor but
not otherwise.
~ as of this ~ ~ day of ~
A.D. 1986. ,
DALLAS P(~qER & LI(~HT CCM~ANY
E. ]%2 HO]-Cf~{Id~ V~ce Preszdent
CITY OF COPPg.L
Cit~ Secretary
By:
City Mayor
-2-
FILE NO. 22.12-C
s~u~ OF TmAS 0
0
CG~TY OF DAubS 0
~ ME, the undersigned authority, on this day personally appeared E. R.
}D~, Vice President of Dallas Power & Light Company, known to be to be the
persc~ 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 Dallas Power & Light
C~y, for the purposes and oonsideration therein expressed a~ in the capacity
therein stated.
G~.MY~HAND AND SEAL OF OFFICE this
~.~_~.~;~ , A.D. 1986.
My Gc~ission Expires:
(Print Name of Notary Public Here)
S~T~ OF Tm~S ()
0
~ OF DAuaS 0
~ ME, the undersigned authority, on this day personally appeared
- City Mayor of the-
CitY of Coppell, Texas, known to me to be the person whose r~a~e ~s subscribed to the
foregoing instr~ent and acknowledged to me that he executed the same as the act and
deed of the said City of Coppell, for the purposes and consideration therein
expressed an~ in the capacity therein stated.
GIVEN ~ MY HAND ~ SE~L OF OFFICE this
, , A.P. 1986.
day of
Notary public in and 'for the State of Texas
My (tin, mission Expires
(Print Name of Notary Public Here)
-3-
EAS]~ENT OR RIGHT OF VqAY
~LE NO. 22.12-C
s~ c~ T~XAS ()
0
~ ~ ]IAT,T~ 0
KNOW ALL MH2q BY THF~E PRESENTS:
·hat DALT~%S POWER & LIGHT CC~4PANY, a Division of ~exas Utilities Electric
Company, a Texas Corporation in Dallas County, Texas, hereinafter referred to as
Grantor, for and in consideration of ONE AND NO/100 ($1.00) DOT;J%RS and other goc~
and valuable consideration to it cash in hand paid by the CIT~ OF COPPRLL, 616
Colmpell Road, Coppell, Texas 75019, a Municipal Corporation, hereinafter referred
to as Grantee, has granted, sold and conveyed and does by these presents grant and
convey unto Grantee an easement or right of way for the pur~ of constructing and
maintaining an open storm water drainage channel in, under and along the followi~g
described property:
Lying and situated in the James Parrish Survey, Abstract No.
1139 and the the S. Thompson Survey, Abstract No. 1493 Dallas
County, Texas, and being a part of that certain 16.50 acre
tract of land conveyed to Dallas Power & Light company by J.B.
Lesley,. et ux, by a Warranty Deed dated October 16, 1956,~f
record in Vol~m~e 4594, pa~e 302, Deed Records of Dallas Count~,
Texas, and being more particularly described by center line as
follows:
~EGINNING at a point on the southeast line of the above 16.50
acre tract of land, said point being located 784.37 feet N 29°
13' 41" E along said southeast line, from the northerly right
of way line of the St. Louis & Southwestern Railroad (a 100
foot right of way);
TH~CE N 48° 23' 26" W, 58.35 feet to a point of curvature of a
curve to the right having a central angle of 47° 00' 00" and a
radius of 100.00 feet;
THENCE in a northerly direction, along said curve to the right,
an arc distance of 82.03 feet to a point of tangency!
TH]~qCE N 01° 23' 26" W, 16.48 feet to the end at a point on the
northwest line of said 16.50 acre tract.
~nere is also granted to Grantee, its successors or assigns, the temporary
working space necessary for the construction and maintenance of ~aid channel.
Grantee, its agents or employees shall not use or cause to be used any overhead
lift or boom-type equipment, including but not limited to draglines, backhoes and
industrial waste vehicles, within the limits of Grantor's right of way.
Grantee shall advise Grantor's Maintenance & Construction Division of the
Substation & Transmission Department at 698-7759 at least two working days prior to
ocnaaencing any work on Grantor's right of way.
It is expressly understood and agreed that if the presence or maintenance of
said channel on Grantor's premises as herein authorized shall at any time in the
judgment of Grantor interfere with any use Grantor may desire to make of said
premises or with the safe or convenient operation of its business, Grantee agrees on
thirty (30) days' written notice to relocate said channel if practicable to do so,
or to take whatever steps necessary to render the use of Grantor's premises
satisfactory to the Grantor, said relocation or other work necessary to render said
property usable, satisfactory to Grantor, to be solely at Grantee's expense and to
be done as nearly as practicable in accordance with Grantor's request.
This easement shall continue only so long as Grantee herein shall use this
right of way for the purpose herein described and the s~w~ shall i]mnediately lapse
and terminate upon cessation of such use.
Upcn the termination of this easement or right of way for any reason, Grantee
shall surrender this easement and the possession of Grantor's property hereinabove
described in the same condition that such property was in at the beginning of the
term of this agreement, ordinary wear and tear for the purpose herein authorize~
excepted.
FILE NO. 22.12~.~
Grantor shall not be liable for any damage to said easement or the contents
thereof howsoever such damage shall be caused, whether by the negligence of Grantor,
its agents, servants or employees, except when caused by the wilful acts of Grantor,
its agents, servants or employees.
Grantee shall, at its own cost and expense comply with all applicable laws,
rules regulations, and orders issued by any governmental authority. Grantee agrees
to indemnify and hold harmless Grantor for any claims, demands, penalties, fines or
attorney fees incurred relating to violations or alleged violations of such laws,
rules, regulations or orders. Further, Grantee agrees to indemnify and hold
harmless Grantor for any damages or expenses incurred as a result of Grantee's
installation, operation or maintenance of said channel on Grantor's above described
property.
Grantor and Grantee each agree that if any claim or liability shall arise f~om
the joint or concurring negligence of both parties hereto, it shall be borne by them
in proportion to their negligence. It is understood that it is not the intention of
the parties hereto to create liability for the benefit of third par~ies but that
this agreement shall be for the benefit of the parties hereto.
This grant of right of way is subject to the Lien of Mortgage and Deed of Trust
from Dallas Power & Light Company to The First National Bank of Boston, Succe .... )r
Trustee of record in Volume 1223, page 1, Deed of Trust Records, Dallas County,
Texas, and the Lien of Mortgage and Deed of Trust from Texas Utilities Electric
Company to Irving Trust Company, Trustee of record as filed with the Secretary of
State of the State of Texas, file number 83-281286, and shall not impair the use of
said premises in the operation of the business of Grantor, its successors and
assigns ·
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 said land and premises shall absolutely revert to Grantor herein, its
successors and assigns, and no act or o~ission on the part of them shall be a waiver
of the enforcement of such condition.
AND Grantor does hereby bind itself, its successors and assigns, to warrant and
forever defend all and singular the above described easement and rights unto the
Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor but
not otherwise.
EXfL73TED as of this ~-3~ ~ day of '
A.D. 1986.
GRANTOR
D~LIAS PONER & LI(~]TCC~4PANY
By:
· .-~o'1~, Vice Presiden
CITY OF COPPE'X~,
City Secretary
By:
City Mayor
-2-
FILE NO. 22.12-C
s~ws OF TEXAS () 0
C(]UNTY OF D~T.T~S ()
~ORE ME, the undersigned authority, on this day personally appeared E.
f~D~, Vice President of Dallas Power & Light Company, known to be 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 Dallas Power & Light
Company, for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVE~DER MY HAND AND SEAL OF OFFICE this ~ ~,~ day of
Notary Public in and f~l"tBe State of Texas
(Print Name of Notary Public Here)
My Commission Expires:
s~ OF Trams ()
0
CO3N~ OF DAr,fAS 0
_Rk~ORE ME, the undersigned authority, on this day personally appeared
City Mayor of the
City of C0ppell, Texas, known to me to be the person whose na~e 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, for the purposes and oonsideration therein
expressed and in the capacity therein stated.
GIVEN UBDER MY HAND AND SE~L OF OFFICE this
, A.D. 1986.
day of
Notary Public' in and for the State of Texas
My C~,-,~,~ission Expires
(Print Name of Notary Public Here)
-3-