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Valley R Baptist-ES 841102SFCO ACCOMMOCRTION ~.~. Il.Od tl.u0 0£E0 THAT, the undersigned, TRILAMD/IIORTHSTRD gOXIT VSMTORRr a Texas Joint venture, acting herein by and th. rough its duly authorized agent and manager, TRILAMD DMVBLOP~ENT, INCo, hereinafter referred to a8 Grantors, whether one or more, for and in consideration of the sum of ONE DOLLAR ($1.00) to Grantors in hand paid by the City of Coppell, Texas, the receipt of which is hereby acknowledged and the further consideration that the benefits to be derived by Grantors from the placing of storm sewers and underground public utilities, including and limited to water mains, sanitary sewer mains, gas mains, underground electric lines, underground telephone and telegraph lines and underground cable for security services and television, thteugh the premises hereinafter desctihed~ have this da~ granted and conveyed and by these presents do hereby grant and convey unto the City of Coppell, TexaS, a ~uni¢ipal Corporation, situated in Dallas County, Texas, an easement to construct, reconstruct and perpetually maintain enclosed storm sewers mhd underground public utilities, including and limited to water mains, sanitary sewer mains, gas mains, underground electric lines, underground telephone and telegraph lines, and underground cable for security services end television and surface facilities as required, but in no case the use of overhead aerial factlities~ or authorize such construction by any public utility company, ln~ upon and across the followint described land, to-wit= Ail that certain tract, piece or parcel of land l~lng and being situated in the County o: Dallas, State of Texas, desoribet in ~xhibit SA' attached hereto and made a part hereoi tot all purposes, to which reference is hereby made £or a more particular description of said property (the ~Eaaement Area#)! TO HAVg AND TO HOLD, the same to the City of Coppell, its successors and assigns, together with the right an~ priv£1ege at any and all times to enter said premises or any part thereof, for the purpose o~ constructing and maintain~ng said storm drainage facilities and underground public utilitiee~ en~ ~or making connections therewith, pro¥~ded~ however, the ~oregoing grant, sale a~d ¢~nveyanoe of the Basemen~ Area is expressly subject to the ~ollowing conditions: X. In the event that the Grantee, its successors and/or assigns discontinue the use of the Easement Area for the purposes described he~einabove, this Basement shall terminate and be of no f~rt~er force and effect; 2. If, in exercising Grantee's rights in such Easements Area or areas appurtenant thereto, Grantee causes any change in or injury to the Easement Area, the pEoperty appurtenant thereto or any improvements on said Easement Area cc the property appurtenant thereto, Grantee, within a reasonable time after the exercise of such rights, shall reasonably restore the Easement Area, the property appurtenant thereto and/or such improvements to a simila~ condition existing prior to the change or injury; an~01..''''~? ~>AG~. ' q' ,10u4 ... =... .. :..~. v~.~ 3. This grant is made subject to the rights of the public and' Grantor to use the surface of the Easement Area for pedestrian and vehicula£ ingress, egress and access to and from property appurtenant to such Easement Area and such other uses aa do not unreasonably interfere with the permitted use of the Easement Area by Grantee. EXECUTED this. ~o~ day of /O~/~ , 1984. TRILAHD/BORTHSTED ~0IBT Texas ~o£nt venture, acting heEein by and through its duly authorized agent and managerr Tr£~and Development, Inc., a Texas S~ATE OF T~AS E COUII'L'~OFDA~T~,S · BEFORE HE~ the undersigned authority, a Notary Public in and for the said State on this day personally appeared Edward P. Rea, President o[ TRII~BD DE, ElePHaNT, ~EC~ the duly authorized agent and manager o~ TRZ~D/NORTHSTBD ~0I~ VESTURE, a Texas Jo~n~ venture, known to me to be the person and subsc~ibed to the ~o~egoSng ~nst~ument and ~cknow~edged to ~e that the same was the act o~ said TRXL~ D~BLOPNSIT; INC., in its capacity as agent and manager for TRXL~D/BORTHSTBD JOXNT and that he executed the same for the purposes and consideration therein e~presse~ in the capacity therein stated and as the act and deed of said TRXLABD DBVBLOPHBBT, IBC, on behalf of , ~fl~ day of ~+ 1984. N~tary~%~b~ic, ~ta~e of*TexaS Commission LI~IBOLDI~t~8 COIIBB~I~ AND 8UBORDIIIA~ZOII ~e unds£signed holder of liens against the Zaseaent Area set forth here£nabove, hereby consents to the 9rent ©E this Easement and agrees that the liens evidenced by that certain Deed of Trust (with Security Agreement and Aseignmen~ o~ Rents and LeaseS) dated ' September 5, 1984 executed by TRILAIID/HORTRBTBD aOIRTVSBTUBE to natty D. Drees T~ustee, recorded in Volume 84178, Page 0129, Deed of Trust Records, Dallas Countyf Texas, securing payment of one certain Prom£esory Note of even date therewith in the original principal amount o[ $8,500,000.00, payable to the order o[ the undersigned bank and held by such holder are hereby subordinated, £n all respects, to the provisions of such Easement Agreement. ROYAL BANK OF C~DA By: THE STATE OF T~XA5 X COUNTY OF DAr. Y~S ][ BEFORE ~K, the undersigned authority~ a Notary Public in and for the State of ~Texas, on this day personally appeared -~-[.~, ~/.~,~/j known to me to be the Per'eon whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVRE UNDER H! RAIlDABD SEAL OF OFFICE this ~W~ day of ~r~_ , 1984. (Printed ot Typed Name of ~otary) )fy Co~iseion 8xpire~: Exhibit A 15' FUBLXC uTr-.LITY EAaEKE#T lb THE CITY OF ¢OP~ELL, TEXAS TiaA. CT B BEING a tract of land for a proposed public utility easement (15 feet wide) situated in t~e Singleton Thompson Survey, Abstract No. I~95, and Being in the City Coppell, Dallas County, Texas, and being part of a tract of land conveyed to Tri!and/Northsted Joint Vcnturc a~ rncord~d [n Volume 82118, Page 0213 of the Deed Records of Dallas County, Texas mud being more particularly described as fellers: C0~IqENCI~G at an iron rod found aC a point on the vest llne of said Siu$1eton Thompson Survey and the east llue of the J. C. Cook Survey, Abstract no. 31}, said point being on the south rliht-oi-vsy line of Belt Line Road (120 feet wide), said point a~so beans the northwest property corner of said Triland/Northsted Joint Venture; THEHCE South $5°&2'35" E&eC, along said mouth ri~b~-of-vay llne, a distance o£ 526.61 feet to the POINT OF BEGItIRING; THENCE South 85°42'35*' Easts contiuuinz alon~ said south right-of-~s~ line, a distance of 5250.68 feet to a point for a corner, said point balsa on the proper~y line of a tract of land conveyed to Explorer Pipeline, as recorded in Volume 71139, Pa~e 1160 of said Deed Records; TltEHCE gou~h 5°01'56" Eso~, along said vest property tt~e, a distance of 15.20 feet to a point for a corner, said point bein~ on ~he south line of said proposed public utility easement; T~ENCE ~orth 85°~2'35'' ~est, alon~ said south easement line, a distance of }252.06 f~et to a point for a corner; TdEIqCE l~ort~ 0°10'00" East, a distance of 15.0~ feet to the POINT 0~ BEGIHNING AND CONTAXHINC 78,771 square feet or 1.8053 acres of land more or less.