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Park 'N Fly-ES 950406 TEMPORARY DRAINAGE EASEMENT T.C]x, k ?~'T. 0£ STATE OF TEXAS 1 KNOW ALL MBN BY THESE PR£S£NTS'. COUNTY ©F DALLAS THAT, Catellus Development Corporation. a Delaware Corporation, known herein as GRANTOR, in consideration of the sum of One and no/100 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, uninterrupled 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, headwalls 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 ali purposes. That in consideration of the benefits above set out, GRANTEE, prior to any construction 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, GRANTEE shall not be obligated for future mowing of the surface of the Easement Strip. This easement is only temporary in nature and shall immediately become void upon the date of the construction of permanen! drainage improvements intended to replace the temporary swales discussed herein. Upon any such termination, Grantee, or its successors or assigns, shall promptly execute such documents as may be necessary to release and vacate this temporary easement. 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 rights-of-way over, under, upon and across the Easement Strip for any purposes which will not unreasonably interfere with GRANTEE's rights hereby granted. 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. 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. The grant of this temporary easement is expressly made subject to all existing contracts, leases, liens, eascments, 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 6th day of Apri 1 ,1995. PARKSY'By: '3d[~J 0 ' A_X, lam4~ INC'~s*' n4~ CATELLUSB~~DEVELOPMENT CORPORATION ederick D. Clemente Its: President Its: Fc'L~9'IMM.~,,~ ~4~/Aff~P~b~'~ GRANTEE GRANTOR / STATE OF [ ~.~.,4.~ ] ] o. l Develovment Corvoration, a Delaware corporation, on behalf of said corpo~'ation. My Co~ission Expires: :~- ~[~~ ~ STATE OF Georgia ] ] COUN'I~ OF Cobb ] This instrument was acknowledged before me on the 6th day of April , 1995, by Frederick D. Clemente of Park 'N Fly. Inc., a Delaware corporation, on behalf of said corporation. . ~.., , t'-. ~,; , 3'; ' - ~: \" NOTARYPUBOIC, Stateof ~eorqia '. My'~Cemmissj. on Expires: ': t,' r ~lotaryJ~allo. C~bbCounty,{3~cr~a Kimberly L. Badqer o.~..: ~l ~ Y. voire~ l¢~re~ ~4~ ;~ (Type/Print Name of Notary) AFTER RECORDING RETURN TO: Catellus Development Corporation 1200 Internationale Parkway Suite 100 Woodridge, IL 60517 Attn: Mr. John P. Giannopoulos TEMPORARY DRAINAGE EASEMENT NO. 1 1.5152 ACRES BEING a tract of land situated in the S.A. & M.G. Railroad Survey Abstract No. 1439, Dallas County, Texas; 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 replatted by the Re-Plat of Block 2 Gateway Business Park, an addition to the City of Coppe!l as recorded in Volume 92127 Page 0870 DRDCT; and being more particularly described as follows: BEGINNING at a point in the West line of said 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 corner of said Block 2, said iron rod being on the North line of Interstate Highway Loop No. 635 (vari ble width ROW); THENCE North 01°51'06'' East, along said West line, for a distance of 80.00 ft. to a point for corner; THENCE South 88'08'54" East, departing said West line, for a distance of 825.00 ft. to a point for corner; THENCE South 01'51'06" West, for a distance of 80.00 ft. to a point for corner; THENCE North 88'08'54" West, for a distance of 825.00 ft., returning to said West line and the POINT OF BEGINNING, and containing 1.5152 Acres or 66,000 sq. ft. of land. TEMPORARY DRAINAGE EASEMENT NO. 2 0.6286 ACRE TRACT BEING a tract of land situated in the S.A. & M.G. Railroad Survey Abstract No. 1439, Dallas County, Texas; 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 replatted by the Re-Plat of Block 2 Gateway Business Park, an addition to the City of Coppell as recorded in Volume 92127 Page 0870 DRDCT; and being more particularly described as follows: BEGINNING at a point in the West line of said Block 2, said point being North 01'51'06" East, a distance of 1018.27 ft. from a 1/2" iron rod found at the Southwest 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 a distance of 50.15 ft. to a 5/8" iron rod found at the Northwest corner of said Block 2 for corner, said point also being the intersection of said West line with the South line of the St. Louis & Southwestern Railroad as recorded in Volume 95 Page 518 DRDCT; THENCE North 87'24'30" East, along said South line, for a distance of 547.64 ft. to a point for corner; THENCE South 01'51'06" West, departing said South line, for a distance of 50.15 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 the POINT OF BEGINNING and containing 0.6286 Acres or 28,382 sq. ft. of land. EXHIBIT "A" 2 OF 2 ST. LOUIS N 87'24'30" £ _ 5/8" IRF 547.64' ____________ ~ - -- -- '---' '~547.64' to 01'51'06" E S 87'24'30" W 50.15' ~. ~ POINT OF BEGINNING ~ ~ EASEMENT NO. ,., S 88'08'54" E · ~ ..... 825.00' ° .....-- -- '-'~i~.oo'-- ...... --~'~ i~ POINT OF BEGINNING ~ EASEMENT NO. 1 ~,.  '~'"~:==:~POINT OF REFERENCE EXHIBIT 'B' Three Northpork / 8800 N. Centrol Expwy. / Suite 300 Dollo$, lexos 75231 / Ph. (214) 739-,,741 88800 0~1S$ C \ T E L L U , July 11, 1995 Mr. Ken Griffin City of Coppell P.O. Box 478 Coppell, TX 75019 re: Park 'n Fly Easement Gateway Business Park Coppell, TX Dear Ken, Attached for your information is a recorded copy of the referenced easement. Please call me if you have any questions. Sincerely, (~nna~; rG, iacTn°stP °ru;Z Services cc: F/151:B03 071195L1 CATELLUS DEVELOPMENT CORPORATION 12oo INTERNATIONALE PARKWAY, SUITE lOO · WOODRIDGE, ILLINOIS 60517 · TEL 708 972-2500 FAX 708 972~2515