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Northlake Nursery-ES 990208 UTILITY EASEMF~NT ,~7 ~ a. a. 0~/P.~/99 1431~06 $15.00 STAT~ OF TEXAS § Deed § 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, NORTH LAKE NURSERY & LANDSCAPING CO., INC., known herein as GRANTOR, in consideration of the stun of Forty Thousand Dollars and no/100 Dollars ($40,000) and other good and valuable consideration in hand paid by City of CoppeH, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by GRANTOR (the "easement") for the purpose of constructing utility improvements across GRANTOR'S main tract 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 premises (the "easement") for the purpose of making additions to, improvements on and repairs to said utility improvements or any part thereof. Said 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 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 t,'~ removed obstructions, return the surface area of the easement to its original condition as nearly -- as practical taking into consideration the nature of the work being performed. GRANTORS '~ reserve the right to use and maintain the surface of the easement for purposes which will not ~ interfere with GRANTEE'S rights hereby granted and agree that upon completion of the utility c~ improvements and restoration of the surface, GRANTEE shall not be obligated for future CD maintenance and upkeep of the surface area. o'~ 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 ~ J3 day of fto~ r. oa4- .t~ ,1999. NORTH LAKE NURSERY 8:: LANDSCAPING CO., INC. ob Figes, Owner STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the tg'' day of --Fta ~l'o0.t, ,1999 by Joe Bob Fikes, owner of North Lake Nursery & Landscaping Co.. Inc., on behalf of said corporation. !1 ~'~-~"~.'~ PAULA J. OROCKER 'j ~*,:"~"'?'.= MY COMMISSION EXPIRES _ _ _ ., NOTARY PUBLIC, S f My Commission Expires: (T~pe I ~int N~me of Not~) EXHIBIT 'A' 20' UTILITY EASEMENT BEING a centerline description for a 20 feet width permanent easement across a 4.38 acre tract of land in Dallas County, Texas situated in the McKinney & Williams Survey, Abstract No. 1054, said tract conveyed to North Lake Nursery & Landscape Co. by Quit Claim Deeds recorded in Volume 86109, Pages 0882-0884, 0894-0896, and 0909-0911, of the Dallas County Deed Records, said centerline being more fully described as follows: COMMENCING at the most southwesterly property corner of the aforementioned 4.38 acre tract, said point being and intersection point of the northerly line of the St. Louis and ~ Southwestern Railroad with the east right-of-way line of Denton Tap Road; THENCE North 75°57'00'' East along said northerly line of the St. Louis and Southwestern Railroad, a distance of 156.97 feet to the POINT OF BEGINNING; THENCE North 12°24'52'' West departing from said northerly line of the St. Louis and Southwestern Railroad, a distance of 90.70 feet to a point for corner; THENCE North 39°06'30'' East a distance of 454.30 feet to a point for corner; THENCE North 63°56'47~ West a distance of 154.08 feet to a point for corner; THENCE North 01°14'29'' West a distance of 61.65 feet to a point in the northerly property line of the aforementioned 4.38 acre tract, said permanent easement containing 15,214.5752 square feet or 0.35 acres of land more or less. [, - aw, e,r %