Riverchase-2/FP-ES 880426STATE OF TEXAS §
§
COUNTY OF DALLAS §
fter Recording Return to:
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Date:
RI%~_~RCHASE*, A MASTER PLANNED COMMUNITY IN
TEMPORARY PUBLIC RIGHT-OF-WAY EA:
Grantor (include
mailing address):
Grantee (include
mailing address):
April 26 , 1988
Terra Corporate Joint Venture
5944 Luther Lane, Suite 502
Dallas, Texas 75225
S COPP~EXAS
City of Coppell
P.O. Box 478
Coppell, Texas
75019
Consideration:
Ten dollars ($10.00) and other good and
valuable consideration paid by Grantee, the
receipt and sufficiency of which are
acknowledged by Grantor.
Description of
Temporary Easement
Area:
Two tracts of land within Riverchase*, a
Master Planned Community in Coppell, Texas,
more particularly described in Exhibit "A"
attached hereto and by reference made a part
hereof.
Easement Purpose:
Grantor is concurrently herewith dedicating
public right-of-way to Grantee for Fairway
Drive as per that certain "Final Plat for
Dedication of Fairway Drive" dated October,
1987, prepared by Nathan D. Maier Consulting
Engineers, Inc., to be recorded in the Map in
Real Property records of Dallas County,
Texas. Fairway Drive will eventually continue
south, cross the railroad tracks of St. Louis
and Southwestern Railroad, and connect with
Belt Line Road. However, as of this date, the
*Riverchase is a registered service mark.
-1-
1035F 04/18/88
necessary approvals for the railroad crossing
have not been obtained and Fairway Drive will
be constructed with a cul de sac at its
southern end. This temporary right-of-way
easement is provided to permit construction of
that part of the cul de sac not dedicated by
the Plat and to permit the cul de sac to be
used as temporary public right-of-way.
Grantor conveys to and dedicates Grantee a public easement and
right-of-way along, over and under the Easement Area for the
purposes permitted above but none other, TO HAVE AND TO HOLD, unto
Grantee, its successors and assigns, provided, however, this
conveyance is made and accepted subject to the following conditions:
1. Grantee's rights shall automatically terminate and be of no
further force and effect upon the earlier to occur of:
(a) This Easement shall automatically
terminate when Fairway Drive is extended south and
connected to Belt Line Road (and such extension
has been accepted by Grantee); or
(b) Grantee's discontinuance of use of the
Easement Area for the purposes described above.
The termination shall not affect Grantee's duties
under this Easement.
2. In exercising Grantee's rights, Grantee agrees to use best
reasonable efforts to prevent and minimize damage and injury to the
property adjacent to the Easement Area. If in exercising Grantee's
rights hereunder, Grantee shall cause any damage, injury or change
to the property adjacent to the Easement, Grantee shall promptly
repair and restore the Easement Area. If Grantee shall fail to do
so, Grantor may repair and restore the Easement Area and the cost
thereof together with interest at the highest rate allowed by law
shall be due and payable by Grantee upon demand.
3. This grant is made and accepted subject to all validly
existing matters recorded in the official records of Dallas County,
Texas.
4. The rights and obligations set forth in this Easement shall
bind and inure to the benefit of the successors and assigns of
Grantor and Grantee and shall run with land so as to benefit and
burden the future owners of any direct or indirect interest in the
real property encumbered by this Easement.
-2-
1035F 04/18/85
EXECUTED effective as of the day first written above.
TERRA CORPORATE JOINT VENTURE, a
Texas joint venture
By:
TERRA LANE DEVELOPMENT CO., a
Texas corporation, Venture
Manager
~e~on, President
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on April 27 ,
1988, by Jay Patterson, President of Terra Land Development Co., a
Texas corporation, Venture Manager of Terra Corporate Joint Venture,
a Texas joint venture.
the ~a~e ~f T ~X A S
My Commission Expires:
3/29/89
SHIRLEY L!TTLEJOHN
Print Name of Notary
-3-
1035F 04/18/88
LIENItOLDER'S CONSENT AND SUBORDINATION
The undersigned holder of liens against the Easement Area
consents to the grant of this Easement and agrees that the vendor's
lien retained in deed dated March 2, 1985, recorded in Volume 85072,
Page 4454, Deed Records, Dallas County, Texas, and the lien
evidenced by that certain Deed of Trust dated March 2, 1985,
recorded in Volume 8507.2, Page 4532, Deed of Trust Records, Dallas
County, Texas, are hereby subordinated, in all respects, to the
provisions of such Easement.
L IENHOLDER:
FIRST TEXAS SAVINGS ASSOCIATION
Printed Name: Denise Locascio
Title: Vice President
Date: 4-26-88
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on April 26 ,
1988, by Denise Locascio , on behalf of First
Texas Savings Association.
My Commission Expires:
3/29/89
Shirley Littlejohn
Print Name of Notary
-4-
1035 F 04/18/88
TEMPORARY RIGHT-OF-WAY EASEMENT
(WEST)
Being a 0.0257 acre tract of land situated in the City of Coppell out of the
Singleton Thompson Survey, Abstract 1493, Dallas County, Texas, said tract of
land being more particularly described as follows:
COMMENCING, at an iron rod found for corner on the north line of the St. Louis
and Southwestern Railroad {ight of way (100' R.O.W.), said point being the
southwest corner of a tract of land deeded to Jim Doerr in Volume 86067, Pages
5461-5463 of the Deed Records of Dallas County, Texas, and the southeast
corner of a tract deeded to Terra Corporate Joint Venture in Volume 85072,
Page 4454, in the Deed Records of Dallas County, Texas;
THENCE, North 86° 21' 18" West, along said north line of St. Louis &
Southwestern Railroad, a distance of 890.00 feet to a 1/2-inch iron rod on the
west right-of-way line of proposed Fairway Drive (60' R.O.W.);
THENCE, North 03° 38' 42" East, along said proposed west right-of-way line, a
distance of 62.94 feet to a 1/2-inch iron rod set for corner and the POINT OF
BEGINNING, and the beginning of a curve to the right;
THENCE, along said curve to the right, having a central angle of 106° 15' 37",
a radius of 50.00 feet, a tangent length ~f 66.67, for an arc distance of
92.73 feet to a 1/2" iron rod set for corner on the aforementioned west right-
of-way line of proposed Fairway Drive; ._
THENCE, South 03° 38' 42" West, along said west right-of-way, a distance of
80.00 feet to a 1/2" iron rod set for corner and the POINT OF BEGINNING;
CONTAINING, 0.0257 acres (1,118 square feet) of land.
Exhibit "A"
Page 1 of 2
TEMPORARY RIGHT-OF-WAY EASEMENT
(EAST)
Being a 0.0257 acre tract of land situated in the City of Coppell in the
Singleton Thompson Survey, Abstract 1493, Dallas County, Texas, said tract of
land being more particularly described as follows:
COMMENCINq, at an iron rod found for corner on the north line of the St. Louis
and Southwestern Railroad right of way (100' R.O.W.), said point being the
southwest corner of a tract, of land deeded to Jim Doerr in Volume 86067, Pages
5461-5463 of the Deed Records of Dallas County, Texas, and the southeast
corner of a tract deeded to Terra Corporate Joint Venture in Volume 85072,
Page 4454, in the Deed Records of Dallas County, Texas;
THENCE, North 86° 21' 18" West, along said north line of St. Louis &
Southwestern Railroad, a distance of 830.00 feet to a 1/2-tnch iron rod on the
east right-of-way line of proposed Fairway Drive (60' R.O.W.);
THENCE, North 03° 38' 42" East, along said proposed east right-of-way line, a
distance of 62.94 feet to a 1/2-inch iron rod set for corner and the POINT OF
BEGINNING;
THENCE, North 03°.' 38' 42" East, continuing along said right-of-way line, a
distance of 80.00 feet to a 1/2-inch iron rod set for corner and the beginning
of a curve to the right;
THENCE, along said curve to the right, having a central angle of 106° 15' 37",
a radius of 50.00 feet, a tangent length of 66.67 feet, for an arc distance of
92.73 feet to a 1/2" iron rod set for corner and the POINT OF BEGINNING;
CONTAINING, 0.0257 acres (1,118 square feet) of land.
Exhibit ~A~
Page 2 of 2