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ST9302A-ES 980407 SIDEWALK/UTILITY EASEMENT 04/07/98 931691 $15.00 STATE 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, NATIONAL CONVENIENCE STORES INCORPORATED, a Delaware corporation, successor to Sixth NCS Realty Company, 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 City of Coppell, 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 sidewalk and/or 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 sidewalk and/or utility improvements cn or any part thereof. c~ Said easement being described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. r--- That in consideration of the benefits above set out, GRANTEE will remove from the easement, cr~ such fences, buildings and other obstructions as may be found upon said property. After construction of the sidewalk and/or utility improvements has been completed, GRANTEE shall, except for removed obstructions, remm 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 the easement for all purposes which are not inconsistent with the easement granted herein. GRANTEE hereby indemnifies GRANTOR from any damages, liabilities, or claims arising out of or incident to the use of the easement by GRANTEE. GRANTEE shall not be obligated for future maintenance and upkeep of the surface area. 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 ..~C) day of ~~ ,1998. NATIONAL CONVENIENCE STORES INCORPORATED -~Vice President STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on the ,~-t--k day of March, 1998, by DD;F--r--~csse_t_r.._ , a vice President of NATIONAL CONVENIENCE STORES INCORPORATED, a Delaware corporation, on behalf of said corporation. · NO c~ My Commission Expires: (Type/Print Name of Notary) EXHIBIT 'A' 5' SIDEWALK/UTILITY EASEMENT BEING a 62.62 square foot parcel of land situated in Lot 11, KIMBEL ADDITION, an addition to the City of Coppell, Dallas County, Texas, as recorded in Volume 77213, Page 0999, Deed Records Dallas County, Texas and being more particularly described as follows: COMMENCING at a point of intersection of the North right-of-way line of Sandy/.ake Road (100' row) with the East right-of-way line of MacArthur Boulevard (100' row); THENCE North 2° 17'22" West along the East right-of-way line of MacArthur Boulevard a distance of 15.02 feet to the POINT OF BEGINNING; THENCE North 2° 17'22" West continuing along the East right-of-way line of MacArthur Boulevard a distance of 7.26 feet to a point for comer; THENCE South 45o49'07" East departing from said East right-of-way line of MacArthur Boulevard a distance of 17.79 feet to a point for corner; THENCE North 89°20'51" West running 10.00 feet from and parallel to the North right-of- way line of Sandy Lake Road a distance of 7.26 feet to a point for corner; THENCE North 45°49'07' West a distance of 7.26 feet to the POINT OF BEGINNING and containing 62.62 square feet of land. EXHIBIT "B" KIMBEL ADDITION, I, OT '11 5' SIDEW.ALK/U.'q. LITY EASEMENT 1" = 30' .,U3qciO0 t0 YTi3 OV..,18 YAWX,q, Aq ~ N2'17'22"W ?.2~' ?.~' 7.26' SANDY LAKE ROAD 98067 03312 ~IYOFCOPPELL ::".:..IL5 PARKWAY 6L.VO POBIX( 478 6Qeel~ IX 75019 Any prm,*telo~ herele w~ch insMet ~ST~A~E OF F, XAS · APR '7 '/998 ~ ,>, ,~, COUNTY CLERK, Dalla~ County,