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CRDC 14-01 CS160301 o i i i ii i i ii 201600054987 �, . �,� d�1 EASEMENT 116 ELECTRIC & 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, WOODSIDE SHOPPING CENTER DALLAS, TX. 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"), a non-exclusive easement upon and across the following described property owned by GRANTOR (the "Electric & Utility Easement") for the purpose of constructing and maintaining utility improvements within the area of GRANTOR'S main tract that is subject to the Electric&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 Electric&Utility Easement for the purpose of making additions to, improvements on and repairs to said utility improvements or any part thereof. Said Electric & Utility Easement being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. That in consideration of the benefits above set out,GRANTEE will remove from the Electric & Utility Easement, such fences, buildings and other obstructions as may be found upon said property. After construction of the utility improvements has been completed, GRANTEE shall, except for removed obstructions, return the surface area of the Electric & Utility Easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTOR reserve the right to use and maintain the surface of the Electric & 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 other than restoration of the surface after any future repair, replacement or maintenance of the utility improvements located or within the Electric&Utility Easement area. In further consideration of the benefits above set out, GRANTEE further covenants and agrees that: 1. GRANTEE shall maintain the utility improvements located within the Electric & Utility Easement area at all times in good working condition and repair. 2. GRANTEE, and any of its agents, representatives or contractors conducting work on the utility improvements located within the Electric & Utility, shall maintain commercial general liability insurance. {3145234:2}TM 72964 � � s GRANTEE shall indemnify, defend, and hold GRANTOR and the partners, shareholders, officers, directors, agents, employees, controlling persons and affiliates of GRANTOR (individually, a "Grantor Party" and collectively, the "Grantor Parties") harmless from all losses, costs, liens, claims, causes of action, liability, damages and expenses, including, without limitation, reasonable attorneys' fees, incurred by any Grantor Party as a result of any damage to the Electric & Utility Easement area or GRANTOR'S main tract, or the performance of work pursuant to this Electric & Utility Easement, conducted by or on behalf of GRANTEE, its successors and/or assigns, agents, representatives or contractors, to the extent permitted by State law. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid,the premises above described. EXECUTED this IC day of 1\1c\fer,nh+tre" , 201 GRANTOR: WOODSIDE SHOPPING CENTER DALLAS,TX. LIMITED PARTNERSHIP By: Woodside Shopping Center Dallas Tx. General Partner Corporation By: ‘ ' ' Title: GRANTEE: CITY OF COPPELL By: Name: Title: {3145234:2}TM 72964 ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss. WGcds‘dC� �h OJ CQ(� €'( "k1Mc , Tt, COUNTY OF MONROE ) ( ,nv cat ?cir►-kncf (:cr `rtrio n' u1/4"(X\ 52nerco rhnera;a47 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared WILLIAM SONDERICKER, the VICE PRESIDENT of(WOODSIDE SHOPPING CENTER DALLAS, TX. LIMITED PARTNERSHIP, a Nevada limited partnership, that executed the foregoing instrument, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said limited partnership, and that he/she executed the same as the act of such limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this le day of November, 2015. NotaryPublic ubl>!c m and for County of Mco(c,*L Nt-; ) jorv- 51/4-core-- My hore-- My Commission Expires: 1 011.1,),O FRANCESCA PASQUARELLA Notary Public,State of New York Monroe County,01PA6270341 My Commission Expires 10/15/2016 EXHIBIT"A" "ELECTRIC & UTILITY EASEMENT" Being 5,143 square feet of land situated in Lot 2,Connell Skaggs Addition,an addition to the City of Coppell,Dallas County,Texas,as filed in Volume 88006,Page 5896,Plat Records of Dallas County,Texas(P.R.D.C.T),and being described in deed to Woodside Shopping Center Dallas,Tx. Limited Partnership, a Nevada limited partnership, according to the deed filed in Instrument#2004119-12655,Deed Records of Dallas County,Texas(D.R.D.C.T.); said 5,143 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of said Lot 2,also being the northeast corner of Lot 4, Connell Skaggs Addition,an addition to the City of Coppell,Dallas County,Texas,as filed in Volume 88006,Page 5905,P.R.D.C.T.and also being in the west Right-of-Way(R-O-W)line of Denton Tap Road(variable width); THENCE N 00°38'15"W,along the east line of said Lot 2 and along said west R-O-W line,a distance of 32.99 feet to the POINT OF BEGINNING of the hereinafter described tract of land; THENCE over and across said Lot 2,the following courses and distances; N 89°59'50"W,a distance of 18.00 feet; N 00°38'15"W,a distance of 18.00 feet; N 90°00'00"E,a distance of 7.35 feet; N 00°17'36"W,a distance of 343.43 feet to the north line of said Lot 2,also being the south line of Lot 1 of said Skaggs Addition(Volume 88006,Page 5896,P.R.D.C.T.); THENCE N 89°25'55"E,along the common line of said Lots 1 and 2,a distance of 15.00 feet to the southeast corner of said Lot 1,also being the northeast corner of said Lot 2 and being in the west R-O-W line of said Denton Tap Road,from which the northeast corner of said Lot 1, bears N 00°17'36"W,35.00 feet,from which a PK nail found bears N 00°17'36"W, 1.12 feet; THENCE along the east line of said Lot 2 and along said west R-O-W line, the following courses and distance; S 00°17'36"E,a distance of 270.52 feet to a PK nail found; S 89°31'18"W,a distance of 4.79 feet to a PK nail found; S 00°38'15" E, a distance of 91.02 feet to the POINT OF BEGINNING and containing 5,143 square feet or 0.118 of an acre of land. OF T Ccs :June 2,2015 G' ? ,.,........ .�' Theron W.Sims,R.P.L.S. - THERON W.SIMS Texas Registration No.588 9 5887 " Surveyed on the ground May 5,2015 <4ip• s wI:' SO liM� 1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone;NAD83(2011)Epoch 2010)as derived locally from Western Data Systems Continuously Operating Reference Stations(CORS)via Real Time Kinematic(RTK) methods. An average Combination Factor of 1.0001454981 was used to scale grid coordinates and distances to surface. 2.Integral parts of this survey: a.Legal Description b.Sketch Sheet lof 2 CPL 14141 NOTES: I 41 1) Bearings of lines shown hereon refer to Grid North of the Texas Coordinate SystemBLK. 1, RESERVE 1 of 1983(North Central Zone; 2011)Epoch TACO BELL ADD'N. I 2010)as derived locally nom western Data Systemsstems Continuously Operating Reference Stations(CORS)via Real Time Kinematic(RTK) VOL 96019, PG. 1429 I A PK NAIL methods.An average Combination Factor of 1.0001454981 was used to P.R.D.C.T. FID., BEARS scale grid coordinates and distances to surface. NOO'173614l, 1.12' Z Additional easements may exist and not be shown. — — — — — — (CONTROL MON.) LOT 1 3) Integral parts of this survey CONNELL SKAGGS ADD'N. co b.SkeatchDea. scription J VOL 88006, PG. 5896 P.R.D.C.T. L Ims & W ) z _ o 1=— � A LOT 2 N CONNELL SKAGGS ADD'N. z 44 Z VOL 88006, PG. 5896 =!'- o 0 P.R.D.C.T. -to — I 1=1 c4N W00DSIDE SHOPPING CENTER ror7m- D F+i Q r.a DALLAS, TX. LIMITED PARTNERSHIP, _ 0O cc , 1NT a Nevada limited partnership u) Q cs 1� = li EI W o tY o INST#2004119-12555 W m O D.R.D.C.T M �_ Z g --.1 CO F� z � I Wco ^F._- �' o� I z _:..:. z W ELECTRIC & U.E. _- 5,143 S.F. — A SCALE 1"=50' Pip L =_ . PK NAIL FND. L7 k' to J Line # Direction Length V ra L1 NO0'38'15"W 32.99' I - L44:1:44_ L2 N89'S9'S0"W 18.00' I N) L.3 N00'38'15'W 18.00' == P.O.B. L2 L4 N90'00'0O"E 7.35' L5 N89'25'55"E 15.00' J LB N00'17'36"W 35.00' L7 589'31'18"W 4.79' LOT 4 1"/RF yr ------Q3.0.0 LB 500'38'15"E 91.02' I CONNELL SKAGGS ADD'N. (CONTROL MON.) VOL. 88006, PG. 5905 P.R.D.C.T. EXHIBIT"B" ELECTRIC & UTILITY 0.-•0 TF EASEMENT THERON W. SIMS, R.P.LBeing a portion of Lot 2, Connell Skaggs TEXAS REGISTRATION NO. 7 THERON W.SIMS Addition, an addition to the City of Coppell, :4 5887 ,z,../ Dallas County,Texas,according to the plat filed Date: June 2, 2015 q �a -v °FEss °:ok` in Volume 88006, Page 5896, Plat Records of Surveyed on the ground NOS........ Dallas County,Texas. May 5, 2015 teague nail & perkins C 1100 Macon Street C Fort Worth,Texas 76102 n 817.336.5773 ph 817.332.7756 fx `JOB No. CPL 14141 www.inpinc.com/Registration No.100116-00 SHEET 2 OF 2, L\PROJECTS\CPL14141\cod\survey\Easements\5,143 5F, Electric & UE- Lot 2, Connell Skaggs Add'n.dwg Filed and Recorded John FalWarrenblic Records Dallas 03/01/20 unty, TEXAS tY Clerk $42.00 6 71:51:55 AM Oµ • '.,C.(P:i',.10,:::'.::* 7/1(72'.-----". 42 201600054987