Gateway BP(1.4)-ES 950623SENT BY:¢ATELLUS
; 6-23-95
; 13:34 CATELLU$ DEV, CORP, w 214393414~,;#
TEMPORARY DRAINAGE EASEMENT
STATE OF TEXAS ]
] KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
Catellus Development Corporation. a Delaware Co~~'?~-~,..,:~,, ~.~.,,~:
Dollars $100 aim
in consideration of the sum of One and no/100 ( · ) ~~d
consideration in hand paid by Park 'N Fly. Inc,, a Delaware Corporation. known herein as 'ORAN'FBE",
receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto
GRANTEE, the free, uninterrupted and nonexclusive use, liberty and privilege of passage in, along, upon,
under and across the following described property owned by GRANTOR (the *'Easement Strip") for the
sole and limited purpose of constructing and maintaining within the Easement Strip, at ORANTEE's sole
cost, storm sewer pipe, headwalls and temporary swnl~ (the "Drainage, System") for surface water
drainage, with the right and privilege at all times of the GRANTEE herein, its ~ents, employees, workmen
and representatives having ingress, egress, and regre4s in, along, upon and across the Easement Strip for
the purpose of making repairs to said Drainage gystem or any part thereof.
Said Easement S~p 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, QRAN'TEE. prior to any construction wm'k
within the easement strip, will remove from the easement strip such feneas, buildings and other
obstructions as may be found upon or within the Easement Strip. After construction of the Drainage
System has been completed by GRAN~ at al~'s sola cost, or after any entry for .repairs or
maintenance, CtRA~ shall, ex,pt for removed obstructions, return the surface area of tho .R~_~ment
S~p to its oril,*inai condition as neariy as pt3tctJcabis. GRANTOR reserves tho tt~ht to use and maintain
the.surface of the Easement Strip for any purposes which will not unreasonably interfe~ with ORANTEE's
ri~hta hereby granted and agrees that upon completion oF the construction of the Drainage Systeln and
restoration of the surface by GRANTEi~ GRANTEE shall not be obligated for future mowins of the
surface of the Easemcnt Strip.
This easement is only temporary in nature and shall immediately beaome void upon the date of
the construction of permanent drain~e improvements intended to replace the temporary swales discussed
herein. Upon any such termination, Grantee. or its successors or assigns, shall promptly execute ~uch
documents as may bo necessary to release and vacate thin temporary easement.
TO I4AVE AND TO HOLD unto the O~ its successors or nssiSns for the purposo0
aforesaid, the premises abov~ described,
SENT
BY:GATELLU$ ; §-23-95 ; 13:34 ; GATELLU$ DEV, CORP, w 2143934144;#
GRANTOR, its legal representatives, successors and assisns, hereby expressly reRrves the right
to grant other easements, licenses, leases, and/o~ rights.of, way over, under, upon and across the Easement
Strip for any purposes which will not unreasonably interfere with CtRANTEE's rights hereby ~ranted.
GRANTEE shall submit drawings rca ORANTOR's approval prior to proceeding with any
construction or repair work, which approval shall not be un~easonably withheld or delayed.
%:~[:. GRANTEE agrees to comply with all federal, s~ate and local laws and regulations, including those
to environmental protection, with respect to improvements made by ORAN'TF~ to the Easement
~;trip. Grantee agrees to indemnif7 and hold Otalttor harmless from any claim of dama~s to person or
property resulling ~rom the use, occupancy, construction ct maintenance of the Easement Strip by Grantee.
The grant of this temporary easement is expressly made subject to all existing contracts, leases,
liens, easements, tights-of-way, taxes, restrictions, licenses, covenants, conditions, reservations,
encumbrances, and other rights which may affect the Ea~ment Strip, and all mallets a current survey ct
visual inspection of the Basement Strip or surrounding area would disclose.
EXECCr~D this 6th day of April _, 1995,
~edet'~ck D, Clemen~:e
Its: Presid, e, nt
CATELLUS DEVELOPMENT CORPORATION
SENT
BY:OATELLUS
; 6-23-95
; 13:35
; CATELLUS DEV, CORP,~
2143~3414~,;~t 4
COUNTY OF
Thi, i, ns~m2n,t.w.~ acknowledSe~ beror~ me oft ,he _/~ . day of ~'
~'~ "~.,' ~.lenmen/Comoratinn a ~ co~ratio~, on ~half of said court,on. '" of
My Commission Expires:
STATE OF_ Geo~._oia
COUNTY OF _Cobb
T~is inlt~ument wu acknowledged before me on the
199~, by Frederick D. C]ement:e
~ a ~ eoqx~tlon, on ~f of seal ~tion.
,,~, '~ '.-,
'1
"' ,. p "~¢~ , ,,
6th d~,or A_uv,'{ ] _,
State or
Kimberlv L. a~d,qer
(Type/Print Nm.,ne of NoUwy)
~ ~mCoeniNo ~ TO:
Cattellus Development Corporation
1200 Intemationale Park'way
Suite 100
Woodrld~e, IL 60~17
SENT BY:GATELLUS
; 6-23-95 ; 13:35 ; CATELLUS DEV,
21439341~4;~ 5
TEMPORARY DRAINAGE EASEMENT NO. 1
1.5152 ACRES
BEING a tract of land situated in the B.A. & M.G. Railroad
Survey Abstract No. 1439, Dallas County, Tezasl and being a
part of Block 2 of Gateway Business Park and addition to the
City of Coppell as recorded in volume 90138 Page 4289 Deed
Records Dallas County, Texas (DRDCT) and as replanted by the
of Block 2 Gateway Business Park, an ~ttion
of Coppell as recorded in Volume 92127
being more particularly described as
BEGINNING at a point in the West line of Haid Block 2, said*
point being North 01'51,06. East, a distance of 431.00 ft.:
from a 1/2" iron rod found at the Southwest ~orner of said
Block 2, said iron rod being on the North line of Interstate'
Highway Loop No. 635 (variable width ROW)~ :
T~ENCE North 01'51'06" East, along said West
distance of 80.00 ft. to s point for corner;
THENCE South 88'08'54" East, departing said West
distance of 825.00 ft. to a point for corner~
line~ for
line, for
THENCE South 01'51'06. west, for a distance of 80.00 f2. to a.
poin~ for cornerl
THENCE North 88'08'54" West, for a distance of 825.00 f~'.,
re~urning to said Wes~ line and the POINT OF BEGINNING, and
containing 1.5152 Acres or 66,000 sq. ft. of land.
EXHIBIT "A" 1 OF ~
SENT BY:CATELLUS
; 6-23-95 ; 13:35 ; CATELLU$ DEV, CORP, w
2143934144;# 6
TEMPORARY DRAINAGE EASEMENT NO. 2
0.6286 ACRE TRACT
BEING a tract of land situated in the S.A. & M.G. Railro&d
Survey Abstract No. 1439, Dallas County, Texas~ and being a
part of Block 2 of Gateway Business Park and addition to th~
City of Coppell as recorded in Volume 90138 Page 4289 Dee¢
Records Dallas County, Texas (DRDCT) and as replatted by
i:~-Plat of Block 2 Gateway Business Park, an addition to ~h~
-i/:i~!.~ty of CoppeZ1 as recorded in Volume 92127 Page 0870
:??.'~/~ being more particularly described as fo11~~.~-''~~
SEGINNZNG at a poin~ in the West line of said Block 2,
point being North 01'51'06" East, a distance of 1018.27 ft.
from a 1/2" iron rod found at the Southwes~ corner of said
Block 2, said iron rod being on the North line of Interstate
Highway Loop No. 635 (variable width ROW)~
THENCE North 01'51'06" East, along said West line, for
distance of 50.15 ft~ to a $/6" iron rod found at
Northwest corner of sa~d Block 2 for corner, said poin~ also
being the intersection of said West line with the South lane
of the S~. Louis & Southwestern Railroad as recorded in
Volume 9~ Page 518 DRDCT]
THENCE North 87'24'30. East, along said South line, for &
distance of 547.64 ft. to a point for corner~
THENCE South 01'S1'06. West, departing said South line, for a
distance of S0.15 ft. to a point for corner;
THENCE South 87'24'30" West, for a distance of 547.64 ft.
returning to said West line and ~hs POINT OF BEGINNING and
containing 0.6286 Acres or 28,382 sq. ft. of land.
EXHIBIT "A" 2. OF ~.
SENT BY: CATELLU$
; 6-23-95 ; 13:36 ; OATELLU$ DEV, CORP,~
2143834144;~ ?
$ T. L OUS ~ SOU774~$~ ~TAL~OAD
;-c
N 8724'30" £
547,64°
ESMT, 2 ': 0.6286 AC.
547,64'
S 87'24'50' W
'POINTOF EEG/NN/NG
EASEMENT NO. 2
$ 88'08'54" 825,00'
E'SMT. I ,,, 1.51,52 /lC.
.... -------- ' ..4~
825.00' '-' '"
N 88'08'54' W o
POINT OF BEGINNING
EASEMENT NO. 1
~~pot~r or
NATHAN D, MAIER CONSULTING £NGINEEI~,_ INC,
Three Northl~rk / 8~ N..Ce~I Expwy. / Sul~ 300
Dallas, Tex~a 75231 / P~, (214) 739-4741