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CRDC 1401-CS150617NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. UNDERGROUND PUBLIC UTILITY EASEMENT Date: June n 2015 Grantor OAKLAWN VILLAGE SQUARE LTD., a Texas limited partnership MAPLE AVENUE ANTIQUE MALL INC., General Partner Grantor's Address: ® 7)T-1�� City: CITY OF COPPELL, TEXAS, a Texas home -rule municipal corporation situated in the counties of Dallas and Denton. City's Address: 255 Parkway Coppell, Texas 75019 Easement Tract: All that parcel of land situated in Dallas County, Texas, described in attached Exhibit A. Easement Duration: Perpetual Easement Purpose: To install, construct, operate, use, maintain, repair, modify, upgrade, monitor, inspect, replace, make connections with, remove, and decommission the Facilities. Facilities: Electric distribution and transmission lines, low pressure - service natural gas lines, potable water lines, wastewater lines, drainage conveyance structures, telecommunications lines, and cable lines with all associated underground appurtenances and having a cross-sectional alignment of the separate utilities as generally depicted in the attached Exhibit B. Other than any drainage conveyance structures, the Facilities shall be totally located underground. PUE Form — Public Utility Easement Pg 1 of 3 TM 71905 Permitted Encumbrances: Any easements, liens, encumbrances, and other matters not subordinated to the Easement Tract and of record in the Real Property Records of the Texas county in which the Easement tract is located that are valid, existing, and affect the Easement Tract as of the Date. Non -Permitted Activity: Installation, construction, operation, use, maintenance, repair, modification, upgrade, and replacement of any above ground structure, building, retaining wall, detention or water quality control, rainwater harvesting system, tree, or shrub in the Easement Tract, .. Repairable Improvements: Irrigation systems which are installed in the ground above or to the side of the Facilities, asphalt or concrete walkways, driveways, parking areas, and access roads at grade level, and barbed-wire, chain-link, or wooden fences ; to the extent same exist as of the date of execution of this instrument. Grantor, for TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to Grantor, the receipt and sufficiency of which is acknowledged by Grantor, GRANTS, SELLS, AND CONVEYS to the City a non-exclusive easement in, over, under, on, and across the Easement Tract for the Easement Purpose as may be necessary or desirable subject to the Permitted Encumbrances, together with (i) the right of ingress and egress at all times over, on, and across the Easement Tract for use of the Easement Tract for the Easement Purpose, and (ii) the right to eliminate any encroachments in the Easement Tract that interfere in any material way or are inconsistent with the rights granted the City under. this instrument for the Easement Purpose as determined by the City in its reasonable discretion, including without limitation the City's right to cut and trim trees and slu-ubbery and to remove any other obstructions as necessary to keep the obstructions clear of the Facilities (collectively, the "Easement"). TO HAVE AND TO HOLD the Easement to the City for the Easement Duration and Easement Purpose; provided, however, Grantor reserves the right to enter upon and use any portion of the Easement Tract, but in no event shall Grantor enter upon or use any portion of the Easement Tract for any Non -Permitted Activity or in any other manner that interferes in any material way or is inconsistent with the rights granted the City under this Easement for the Easement Purpose as determined by City in its reasonable discretion. City shall be obligated to restore or replace to a good and functioning condition as determined by the City in its reasonable discretion only the Repairable Improvements which have been removed, relocated, altered, damaged, or destroyed as a result of City's use of the Easement Tract. Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT AND FOREVER DEFEND the title to the Easement, subject to the Permitted Encumbrances, to the City against every person whomsoever lawfully claiming or to claim the Easement Tract or any part of the Easement Tract when the claim is by, through, or under Grantor, but not otherwise. PUE Form — Public Utility Easement Pg 2 of 3 TM 71905 Except where the context otherwise requires, Grantor includes Grantor's heirs and successors,; and where the context requires, singular nouns and pronouns include the plural. EXECUTED effective the date first above stated. By: Name: Pc,,,� {�,v /A-,e7M Title:—�y�,e`��LtL11✓�` THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, THE UNDERSIGNED AUUIOR TY,oryn this y personally appeared _ tion IKO � I N S a 1� , of 00 TY``NOct U4 re L a ` jy t-imkd TO 1r Me6hLP , known to me through valid identification to be the person whose name is subscribed to the preceding instrument and acknowledged to me that the person executed the instrument in the person's official capacity for the purposes and consideration expressed in the instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 174 day of �sU-IeLe , 20J5. [SEAL] .M.P�w JUAMTD4.2016., _ MY Septemb a or. Notary Public, State of Texas PUE Form — Public Utility Easement Pg 3 of 3 TM 71905 r� o O F d� •� 0 2�. H }per U C7 cqj ..42 b UN b,�UA y �� �, �, �U N U\ vD Cd bG� �CtD ba'U4, 0^ 00 on cw r� alp v�U .p v,cdd p00 0 .0 ° O N p A ° o w A o N N cc 4y >o F- W bUcd 4.. 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