Park 'N Fly-CS 950308 C A T E L L U S
March 8, 1995 .~
Mr. Mike Daniel
Nathan D. Maier
8800 N. Central Expy. Ste. 300
Dallas, TX 75231
RE: Drainage Easement
Gateway Business Park
Coppell, Texas
Dear Mr. Daniel:
As discussed in our recent telephone conversation, Catellus will require
some revisions to the easement agreement as a result of the substitution of
Park 'N Fly, Inc. as Grantee. These revisions are indicated on the attached.
Also, we discussed our preference that improvements on our property be
installed so as to minimize future demolition costs. You indicated that you
will discuss alternatives to the headwall with the City of Coppell.
Please call me if you have any questions.
Sincerely,
(~na§er, ces JPG/kn
cc: Ken Griffin ~enc.
Pat Acker ~enc.
F/151-A01
030895L1
/john
CATELLL:$ [)EVELOPMENT CORPORATION
I~OO ~NTERNATIONALE ~ARK\V..\¥, ~.L'ITE IOO · ~'OODRIDGE. ~LL:NOI$ A,~;-~.~ · TEL -~cq.~ c)72o2q~O, FAX -.~q,~, t}T2-2~l5.
TEMPORARY DRAINAGE EASEMENT
STATE OF TEXAS ]
] KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS ]
THAT, Catellus Development Corporation, a Delaware Corporation, known herein as
GRANTOR, in consideration of the sum of One and no/10({ Dollars ($1.00) and other good and valuable
consideration in hand paid by Park 'N Fly, Inc., a Delaware Corporation, known herein as "GRANTEE",
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 GRANTEE's sole
cost, storm sewer pipe, headwails and temporary swales (the "Drainage System") for surface water
drainage, 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 the Easement Strip for
the purpose of making repairs to said Drainage System or any part thereof.
Said Easement Strip 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, prior to any conslruction work
within the easement strip, will remove from the easement strip such fences, buildings and other
obstructions as may be found upon or within the Easement Strip. After construction of the Drainage
System has been completed by GRANTEE, at GRANTEE's sole cost, or after any entry for repairs or
maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the Easement
Strip to its original condition as nearly as practicable. GRANTOR reserves the right to use and maintain
the surface of the Easement Strip for any purposes which will not unreasonably interfere with GRANTEE's
rights hereby granted and agrees that upon completion of the construction of the Drainage System and
restoration of the surface by GRANTEE, GRAHTEE shall not be obligated for future itlla~l~s~ [ mow±ag
x~lm~xof the surface of the Easement Strip.
This easement is only temporary in nature and shall immediately become void upon the date of
me construction of permanent drainage improvements intended to replace the temporary swales discussed
herein. Upon any such termination, Grantee,~._all promptly execute such documents as may be necessary
to release and vacate this temporary easemenL ~ , or its successors or assigns, I
TO HAVE AND TO HOLD unto the GRANTEE. its successors or assigns for the purposes
aforesaid, the premises above described.
GRANTOR, its legal representatives, successors and assigns, hereby expressly reserves the right
to grant other easements, licenses, leases, and/or fights-of-way over. under, upon and across the Easement
Strip for any purposes which will no~_nterfere with GRANTEE's rights hereby granted.
~unreasonablyl
GRANTEE shall submit drawings for GRANTOR's approval prior to proceeding with any
construction or repair work. which approval shall not be unreasonably withheld or delayed.
GRANTEE agrees to comply with all federal, state and local laws and regulations, including those
relating to environmental protection, with respect to improvements made by GRANTEE to the Easement
Strip.~Insert AI
The grant of this temporary easement is expressly made subject to all existing contracts, leases,
liens, easements, rights-of-way, taxes, restrictions, licenses, covenants, conditions, reservations,
encumbrances, and other rights which may affect the Easement Strip, and all matters a current survey or
visual inspection of the Easement Strip or surrounding area would disclose.
EXECUTED this day of .1995.
PARK 'N FLY, INC. CATELLUS DEVELOPMENT CORPORATION
By: By:
Its: Its:
GRANTEE GRANTOR
Insert A
Grantee agrees to indemnify and hold Grantor harmless from any claim of damages
to person or property resulting from the use,-occupancy, construction or
maintenance of the Easement Strip by Grantee.