Vly R Pl LB/PP-ES 850208":'GF #84-47552-SFCO-LBJ/PH
FF: $13.00
IF CD ACCESS AND HAINTENANCE EASEHENT
THE STATE OF TEXAS X
X
COUNTY OF DALLAS X
KNOW ALL MEN BY THESE PRESEN'
THAT THE UNDERSIGNED, TRILAND/NORTHSTED, a Texas joint
venture, acting herein by and through its duly authorized agent
and manager, TRILAND DEVELOPMENT, INC., hereinafter referred to as
Grantors, whether one or more, for and in consideration of One
Dollar ($1.00) to Grantors in hand paid by the Irving Flood
Control District, Section III, ("Grantee") the receipt of which is
hereby acknowledged, and the further consideration of the benefits
to be derived by Grantors from the placing of an access right-of-
way through the premises hereinafter described, have this day
granted and conveyed and by these presents do hereby grant unto
the Irving Flood Control District, Section III, situated in Dallas
County, Texas, a 20' access and maintenance easement for the
purpose of providing ingress and egress to inspect, patrol,
repair, construct, reconstruct and perpetually maintain District
facilities in, upon, and across the following described land, to-
wit:
All that certain tract, piece or parcel of land lying
and being situated in the County of Dallas, State of
.Texas, described in Exhibit "A" attached hereto and
made a part hereof for all purposes, to which
reference is hereby made for a more particular
description of said property (the "Easement Area"):
TO HAVE AND TO HOLD the aforesaid easement rights unto the
Irving Flood Control District, Section III, its successors and
assigns, and Grantor does hereby bind itself and its successors
to warrant and forever defendall and singular the said rights of
easement to the Grantee, its successors and assigns against every
person whomsoever lawfully claiming or to claim the same or any
part thereof. The foregoing grant, sale and conveyance of the
Easement Area is expressly subject to the following conditions:
1. In the event that the Grantee, its successors and/or
assigns discontinue the use of all or any part of the Easement
Area for the purposes described hereinabove, the discontinued
portion of this Easement shall automatically terminate and be of
no further force and effect;
2. If, in exercising Grantee's rights in such Easement Area
or areas appurtenant thereto, Grantee causes any changes in or
injury to the Easement Area, any improvements therein or the
property appurtenant thereto, Grantee, within a reasonable time
after the exercise of such rights, shall reasonably restore the
Easement Area, the property appurtenant thereto and/or such
improvements to a similar condition existing prior to the change
or injury; and
3. This grant is made subject to the rights of the public
an~ Grantor, its successors and/or assigns to perform maintenance
on the improvements within the Easement Area to use the Easement
Area for a recreational common'area, for utility and street right-
of-way, and for pedestrian and vehicular ingress, egress and
access to and from property appurtenant to such Easement Area,
such uses to include, but not be limited to, Grantor's use of the
Easement Area to
85039
construct or reconstruct and maintain storm sewers, utility mains
and lines, pedestrian walkways and bridges, walls, slope lining,
landscaping and irrigation systems, parks, picnic and
recreational areas and facilities, lighting, bicycle paths and
signage within, over, under and across the Easement Area,
provided said uses do not unreasonably interfere with the
intended and necessary use of the Easement Area by Grantee, and
further provided the Grante~ shall in no way be responsible for
any damages thereto as a result of Grantor using the access and
maintenance easement areas.
4. If Grantor should ever determine, at its cost, to
relocate, modify or change the area of the access easement, ther
the Grantee shall accept any new easement area in lieu of thc
release of t%e easement area not then required, to the Grantor upor
completion of the relocation, modification or change.
EXECUTED this 8th day of February , 1985.
'fRII'~%ND/NORTBSTED JOINT VE~]T~RE,a
Texas joint venture, acting herein by
and through its duly authorized agent
and manager, Triland Development, Inc.,
a Texas Corporation
By: ~'~
Rea, President
STATE OF TEXAS X
X
COU~m'Y OF DALLAS X
BEFO[~E NE, the undersigned authority, a Notary Public in and
for the said State on this day personally appeared Edward P. Rea,
President of TRILAND DEVELOPMENT, INC., the duly authorized agent
and manager of TRILAND/NORTHSTED JOINT VENTURE, a Texas joint
venture, known to me to be the person and officer whose name is
subscribed to thc f,~J egoing instrument and acknowledged to me
th~ :. the same w .s the act of said TRILAND DEVELOPMENT, INC., in
its capacity as agent and manager for TRILAND/NORTHSTED JOINT
VE~TURB, and that he executed the same :.'.'or the purposes and
consideration th~:ein ~.x. pressed, in the capacity therein stated
an£ a.~ the act and d~.:~d of said TRILAND DEVELOPMENT, INC., on
behalf of TRILAHD/NORTHSTED JOINT VENTURE.
My Commission Expires:
Notary ~i~, 'of Texas
37 5
LIENHOLDER'S CONSENT AND SUBORDINATION
The undersigned holder of liens against the Easement Area set
forth hereinabove, hereby consents to the grant of this Easement
and agrees that the liens evidenced by that certain Deed of Trust
(with Security Agreement and Assignment of Rents and Leases) dated
September 5, 1984 executed by TRILAND/NORTBSTED JOINT VE~TURE to
Barry D. Drees, Trustee, recorded in Volume 84178, Page 0129, Deed
of Trust Records, Dallas County, Texas, securing payment of one
certain Promissory Note of even date therewith in the original
principal amount of $8,500,000.00, payable to the order of the
undersigned company and held by such holder are hereby
subordinated, in all respects, to the provisions of such Easement
Agreement.
ROYAL BANK OF CANADA
THE STATE OF TEXA~
COUNTY O~ DALLAS
.".. BEFORE ME, the ]ndersigned au[ ~¢ icy, u Notary Public in and
-. · --': f6r the State cf Texas on th~ £~ da~ personally appeared
'~,t, -~ah~%~_~_~m ...... of ROYAL BANK OF CANADA,
known to me to e the person and officer whose name is subscribed
to the foregoing instru~,ent, and acknowled~.ed to me that he
executed the same for the purposes and consideration therein
expressed.
GIVEN~N~R ~y ~AND AND SEAL O~ O~ICE this
day of ~~ ~ ~-
~~.__, 1985.
Notary P~blic, State oT~Texa~/
My Commission Expires:
(Printed or Typed Name of Notary)
85039 37' '6
MAINTENANCE & ACCESS EASEHENT
IN THE CITY OF COPPELL, TEXAS
TRACT C
BEING a tract of land for n proposed u~iutenence and access easement (20 feet vide)
situated in the Singleton Thempsou Survey, Abstract No. 1493, and being in the City
of Coppell, Dallas County, Texas, and being part of a tract of land conveyed to
Tril·nd/Northsted Joint Venture ·s recorded in Volume 82118, Pale 0213 of the Deed
Records of Dallas County, Texas and bein$ more particularly described ss follows:
COMMENCING ·t an iron rod found at'~ point au the vest line of said Singleton
Thompson Survey and the east line of the J. C. Cook Survey, Abstract no. 315, said
point being on the south right-of-way line of Belt Line Road (120 feet vide), said
point also belug the northwest property corner of said Triland/Northsced Joint
Venture;
THENCE South 0°01'27'' West, glans the vest property line of said Triland/Northsted
Joint Venture, · distance of 15.0& feet to the POINT OF BEGINNING;
THKNCE.South 85°&2'35# hat, a distance of 20.06 feet to I point for · corner;
THEHCE South 0°01'27n Vest, I distance of 80.92 feet to a point for · corner;
THI~CE South 0°10'00' Vest, I distance of &8~.69 feet to a point for a corner;
THEIiCE south 89050'00# hat, a distance of lA.02 feet to a point for a corner;
THENCE South 19°&5'49' East, I distance of 156.50 feet to the point of curvature of
a circular curve to the left, baying a radius of 40.00 feet, a central angle of
76000'00'', and whose center bears North 70°14'11' East;
TRKI~CE Southeasterly, along said circular curve, an arc distance of 53.06 feet to
the point of taugency;
TREIICE llortb 84°14'11u E~st, a distance of 257.27 feet to a point for · corner;
THIICI South 0°10'00u If·st, s distmnce of 20.11 feet to I point for a corner, said
point bahs au the north ri~ht-of-vey line of the proposed Grapevine Creek Channel
(vidth verbs);
TRKIICE South 84°14'11, Vest, along said north rishc-of-vay line, a distance of
2~$.19 feet to the point of curvature of 8 circular curve to the right, having a
red~uo of 60,00 feet, 8 centrnl susie of 76°00'00', and whose center bears North
~°&5'&Ou YeaC;
TH~CE Borth~esterly, along said north right-of-way line and sa~d circular curve, an
arc distance of 79.59 feet to the point of tan~ency;
85039 37 7
THEHCE Berth 19045'49" West, alerts said north right-of-ray line, s distance of
142.40 feet to 8 point for a corner;
THEIJCB ISortb 89050'00" #est, alerts said north right-of-way line0 · distance of 20.00
feet to a point for a corner, said point being on the west property line of said
Triland/Borthatod Joint Venture;
THSIJCB Berth 0°10'00" hot, alou~ said vest property line, a distance of 504.67 feet
to · point for · coFner;
THRICE Iortb 0°01'27" hat, elon~ said west property line, · distance of 82.38 feet
to the POIJiT OF BEGINNIJlGAND CONTAINING 21,308 square feet or 0.4891 acres of lend
~ore or leas.
85039 3788
~O.C.
~,AC, T C
· 891 AC.
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(Vol. 8,;z~? , P~. 59~a)
TRACT
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FOre
TRIL ANO DEV£/..O,e~MENT CO.