ST0701-ES100409201000086053
EASEMENT
UTILITY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
THAT the term Grantor used herein shall be construed in the singular or plural
number as such term respectively represents one or more than one person.
THAT, PW COMMERCE CENTER LP, a Texas limited partnership, known herein as
GRANTOR, in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and
valuable consideration in hand paid by the City of Coppell, Texas, receipt of which is hereby
acknowledged, does by these presents grant, bargain, sell and convey unto the City of Coppell,
Texas, ( "GRANTEE "), the non - exclusive use and passage in, along, upon and across the following
described property owned by GRANTOR (the "Utility Easement ") solely for the purpes
constructing utility improvements within the Utility Easement with the right and privilege at all
times, of the GRANTEE herein, its agents, employees, workmen and representatives having
ingress, egress, and regress in, along, upon and across said Utility Easement for the purpose of
making additions to, improvements on and repairs to said utility improvements or any part thereof.
Said Utility Easement being described in Exhibit "A" attached hereto and made a part
hereof for all purposes.
That in consideration of the benefits above set out, GRANTEE, at GRANTEE'S cost and
expense, will remove from the Utility Easement, such fences, buildings and other obstructions as
may be found upon said Utility Easement. After construction of the utility improvements within
the Utility Easement has been completed, GRANTEE shall, except for removed obstructions as set
forth above, return the surface area of the Utility Easement to its original condition as nearly as
practical taking into consideration the nature of the work being performed. GRANTOR reserves
the right to use and maintain the surface of the Utility Easement for purposes which will not
interfere with GRANTEE'S rights hereby granted and agree that upon completion of the utility
improvements and restoration of the surface, GRANTEE shall not be obligated for future
maintenance and upkeep of the surface area of the Utility Easement.
GRANTEE shall indemnify, defend and hold harmless GRANTOR, its officers, directors,
trustees, managers, members, shareholders, successors and assigns (collectively herein,
"GRANTOR PARTIES ") from claims, liabilities, damages, losses, costs and expenses, suffered by
or asserted against GRANTOR PARTIES, arising out of any act or omission of GRANTEE, its
successors and assigns (collectively herein, "GRANTEE PARTIES ") in connection with the
exercise of GRANTEE PARTIES' rights under this Utility Easement.
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for
the purposes aforesaid, the Utility Easement above described, until all of the utility improvements
constructed within the Utility Easement shall be abandoned, and in that event this Utility Easement
shall cease and all rights herein granted shall terminate and revert to GRANTOR or GRANTOR'S
successors or assigns.
EXECUTED this
A I
day of DcFarc�i, 2010
GRANTOR:
PW COMMERCE CENTER LP,
a Texas limited partnership
By PW Fairview, Inc.,
a Delaware corporation,
its General Partner
C
or pnn
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e)
STATE OF OREGON )
ss.
County of Washington )
On 2010, before me, ersonally
appeared d , l�r. ni1� �� , personally known to me or proved to me on the basis
of satisfactory ev ence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said County and State
r%
OFFICIAL SEAL
TRACY A HAWTHORNE
NOTARY PUBLIC - OREGON
COMMISSION NO. 42950
W COMMISSION EXPIRES SEPTEMBER 4, 2012
EXHIBIT `A'
UTILITY EASEMENT
BEING a 373 square foot tract of land situated in the James A. Simmons Survey,
Abstract Number 1296, in the City of Coppell, Dallas County, Texas, and being part of
Lot 3 Block 1 of Park West Commerce Center, an addition to the City of Coppell, as
recorded in Volume 93226, Page 2864, Deed Records Dallas County, Texas
(D.R.D.C.T.) and also being part of those tracts of land described by special warranty
deed to Park West Commerce Center, LLC, a Texas limited liability company, as
recorded in Volume 93230, Page 3698, D.R.D.C.T., and being more particularly
described as follows:
COMMENCING at a 1/2 -inch found iron rod with Halff cap at the intersection of the
south right -of -way line of Southwestern Blvd (a 90 foot right -of -way) with the west
right -of -way line of Beltline Road (a 120 foot right -of -way) and also being the west end
of a radial comer clip;
THENCE South 00 degrees 39 minutes 02 seconds East, a distance of 20.00 feet to a
1/2 -inch set iron rod with a yellow plastic cap stamped "HALFF ASSOC INC"
(hereinafter referred to as "with cap ") for THE POINT OF BEGINNING;
THENCE South 00 degrees 39 minutes 02 seconds East, a distance of 24.45 feet to a
1/2 -inch set iron rod with cap for corner;
THENCE South 89 degrees 20 minutes 58 seconds West, a distance of 4.74 feet to a
1/2 -inch set iron rod with cap for corner;
THENCE North 45 degrees 39 minutes 02 seconds West, a distance of 21.58 feet to a
1/2 -inch set iron rod with cap for corner;
THENCE North 00 degrees 39 minutes 02 seconds West, a distance of 9.19 feet to a
1/2 -inch set iron rod with cap for corner;
THENCE North 89 degrees 20 minutes 58 seconds East, a distance of 20.00 feet to THE
POINT OF BEGINNING and CONTAINING 373 square feet or 0.0086 acres of land,
more or less.
BASIS OF BEARING is N89 °20'58 "E along the south right -of -way line of Southwestern
Blvd. Bearings shown hereon are rotated 01 °54'32" counterclockwise from bearings
recorded in Volume 93226, Page 2864 D.R.D.C.T.
lv �'�p:�v�O7Eq�:r9cS'
Colin J. Henry s .........................:.....
COLfN J. HENRY
Texas Professional Land Surveyor `•� ° 5230
Texas No. 5230 : °F
lgNO SURVE���
Page 1 of 2
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SCALE: 1" =30'
SOUTHWESTERN BLVD.
(90 FOOT ROW)
3�" FIR
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(C N 89'20'58" E 88.82'
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EASEMENT l¢" SIR
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9.19' )2" SIR
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N 45 °39'02" W – - >�" LR
21.58' W/rAP
S 89 °20'58"
4.74'
(OWNER)
PARK WEST COMMERCE I
CENTER, LLC.
VOL. 93230, PG. 3698
LOT 3 BLOCK 1
PARK WEST COMMERCE CENTER
VOL. 93226, PG. 2864
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BASIS OF BEARING IS N89 °20'58 "E ALONG THE
SOUTH RIGHT -OF -WAY LINE OF
SOUTHWESTERN PLACE. BEARINGS SHOWN
HEREON ARE ROTATE 01
COUNTERCLOCKWISE FROM BEARINGS
RECO IN VOL. 93226, PG. 2864 D.R.D.C.T.
15 30 45 60
ED
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120' ROW
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LEGEND
P.O.C.
POINT OF COMMENCING
P.O.B.
POINT OF BEGINNING
C.M.
CONTROL MONUMENT
32" SIR
SET IRON ROD WITH CAP
W /CAP
STAMPED "HALFF ASSOC. INC.'
Xp" FIR
FOUND IRON ROD
UTILITY EASEMENT
PARK WEST COMMERCE CENTER
JAMES A. SIMMONS SURVEY, ABST. NO. 1296
CITY OF COPPELL, DALLAS COUNTY, TEXAS
DATE: 01-07 -2010 AVO: 24732
mom HALFF 2 2
1201 NORTH BOWSER ROAD RFCHARDSON, TEXAS 75051 (214) 348 -8200
}_, R= 30.00'
T= 3D.00'
L= 47.13'
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7 CB= S 45'39'07' E
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Conformed Copy
Official Public Records
John F. Warren, County Clerk
Dallas County, TEXAS
04 /09/2010 12:59:09 PM
$28.00
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201000086053