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ST9905-ES031208TEMPORARY CONSTRUCTION EASEMENT S I 9%05 Bethel Road [ Parcel 12E STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS 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, JMC RESTAURANT DISTR1BUTION~ INC, known herein as GRANTOR, in consideration of the sum of Ten and no/100 Dollars ($10.00) 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 uninterrnpted use, liberty and privilege of passage in, along, upon and across the following described property owned by Grantor (the "temporary easement strip") for the purpose of constructing/reconstructing a public street and/or drainage facilities and utilities, together with all necessary appurtenances thereto which are located within the permanent right-of-way of Bethel Road, with the right and privilege during the construction period, of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said prenfises (the "temporary easement strip") for the purpose of constructing said improvements within the right-of-way. Said temporary easement strip being described in Exhibits "A" and "B" (Parcel 12E) attached hereto; and made a part hereof for all purposes. G/La. NTEE shall hold harmless, defend, and indemnify GRANTOR against any suits, liabilities, claims, demands, or damages, including but not limited to personal injuries and attorneys' fees, arising from GRANTEE'S exercise of easement rights granted by this instrument. That in consideration of the benefits above set out, GRANTEE will remove from the temporary easement strip, such fences, buildings and other obstructions as may be found upon said property. After construction of the public street has been completed, GRANTEE shall return the surface area of the temporary easement strip to its original condition as nearly as practical taking into consideration the nature of the work being performed and the temporary construction easement shall terminate and GRANTEE shall not be obligated for future maintenance and upkeep of the surt~ace area. TO HAVE AND TO HOED unto the City' of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this_ ~2 day °f,/~)/~%'Ftql3~~ r'"' 2003. GRANTOR STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledgqd before me on the ~ , day o] ,~ b~.~"' D'~( ,2003, by /~O &,"4 ~ ~/~ //~/~ ~ J~~, , co~oration, on behalro~said co~oration. ROTARY PUBI~IC, ~ate of Texas :?~Commission Expires: (Type / Print Name of Notary) THE CITY OF COPPELL (GRANTEE) BY: Date://D/O//rjL ATTEST: Page 1 of 3 EXHIBIT "A" PARCEL 12E TEMPORARY CONSTRUCTION EASEMENT LOT 1, BLOCK 1 CICI'S ADDITION NO.1 Being 0.290 acre tract of land, more or less, situated in County of Dallas, State of Texas, and being out of the J.T. Thweat Survey, Abstract No. 1753 and the William K. Payne Survey, Abstract No. A-1140, and being a portion of Lot 1, Block 1, Cici's Addition No.1, an addition to the City of Coppell, Texas as recorded in Volume 99124, Page 00170, of the Plat Records of Dallas County, Texas, and being a portion of the Freeport North Addition, an addition to the City of Coppell, Texas as recorded in Volume 84203, Page 1835, Plat Records, Dallas County, Texas, which 0.290 acre tract of land, is more particularly described as follows: COMMENCING, at a 1/2" iron rod found with cap stamped "Koch" at the Northeast comer of said Lot 1, Block 1, same being in the West line ora tract of land to Gulf Bearing, Inc, a Delaware corporation as recorded in Volume 94189, Page 00036, Deed Records of Dallas County, Texas; THENCE, South 00° 50' 34" East, along the said common line of said Lot 1, Block l and the Gulf Bearing, Inc. tract, a distance of 395.57 feet to the POINT OF BEGINNING; THENCE, South 00° 50' 36" East, continuing along said common line, 30.00 feet to a re- constructed Southeast comer of said Lot 1, Block 1, said comer being in the North right-of-way line of BetheI Rd., said comer also being the Southeast comer of said Temporary Construction Easement; THENCE, North 89° 16' 22" East, along the said common line of Lot 1, Block 1 and Bethel Rd., a distance of 523.18 feet to a re-constructed Southwest comer of said Lot 1, Block 1, said comer also being the Southwest comer of said Temporary Construction Easement, said comer also being in the West line of a tract of land to Walter Hogg Partners, a Texas general parmership as recorded in Volume 90085, Page 1687, Deed Records of Dallas County, Texas, from which a 5/8" iron rod found bears South 00° 40' 42" East, 1.00 feet; THENCE, North 00° 38' 20" West, along the said common line of Lot 1, Block 1 and the Walter Hogg Partners tract, a distance of 20.07 feet to a point for the Northwest comer of said Temporary Construction Easement; THENCE, North 890 16' 50" East, departing said common line and across said Lot 1, Block I, a distance of 306.28 feet to a point for comer; THENCE, North 00° 43' 19" West, continuing across said Lot I, Block 1, a distance of 10.00 feet to a point for comer; THENCE, North 89° 16' 50" East, continuing across said Lot 1, Block 1, a distance of 216.82 feet to the POINT OF BEGINNING and containing 12,650 square feet or 0.290 acres of land. NOTE: Plat to accompany legal description. Exhibit "B" ~ ~ . ma: LOT I, BLOCK I , CICI'S ~DITIOfl NO. I ~ LOT I. BLOCK I TE~POR~Y CONSTRUCTION EASEMENT ~ CICI'S ~DITION NO I STA IF*91 4~ TO STA 2~*14 75 ~1 VOL 99t24 PG 170 ~,~ : ! ~ I; OTIL~ ESOT I ~ CONSTR~T/O~ E~E~E~T~~' ~ S~16g~ , 5~.1~ ~': ~ flg~ll'lT"E 633.31' EXISTING R.O,W, NB~I6'2~E J.T. T~EAT 5U~EY, A-~53 I I 24.00 2~*00 21 ~00 PRO~$ED CL 22~0 fl8~'O~E I EXISTING R.O.W. NB~O3'2~E 1131.4~ ~1. DFW AIRPORT [,~ ~."~,~-~ '~.-f~q-~ S A & ~ G. RR SU~EY. A-1439 LEGE~D TEMPORARY CONS TRUC T I ON EASEMENT TION Z#~ FORT WORTH, TX 76102 LOT I. BLOCK I c o N S U L T ~ N T S ~81Z~3~9-8950 CICI'S ADDITION NO. I MJB JHP r. sm 2 OF 3 FEB, Z~J Z~a~ O. 290 ACRES EXISTING R.O.W. ~ ' WILLIAM K. PAYNE SURVEY, A-II40 ~ ~L~ ~'- ~ PROPOSED ROW-"~~ ~ ~ ~ ~ 5~4~4~E ~k~ ~ ~ J1'45'~/ LOT I. BLOCK I ~ ~ ~ ~ ~ ~ ~NL~ ~~ CiCl'5 ~OlTION NO, I ~ [ d~(/2)E VOL. 99124, PG. 170 ~> LOT I. BLOCK I CICI'S ~DITION NO. I TEMPOR~Y CONSTRUCTION EASEUENT STA. TO ST . Zm .ZS PROPOSED R.O,W. ~''1~ EXISTING R.O.W. NS~I6'2ZE 5~5.1~ EXISTING R.O.W. 7'00 18.00 PROPOSED CL ~9'00 NB~I6'2ZE 20+00 EXISTING R.O.W. NB~O3'2~E I1~1.~ NS¢5~5~E 4~.8~ DFW AIRPORT /Z', '3 ,~ 4.,* ~-~ VOL. 70001, PG. 0512 .7¢.(.~ JOSEPH H. ,E,;STER, $'.., VOL. 70061. PG. 0549 ,,- .... ~ -' 'k ; v,' D.R.D.C.T. ~(~~ S. A. & ~. G. RR SU~EY. A-1439 Scale F~t LEGEND ~ ' ~r~ ~ P.R.D.C.r.. *,0, *~,. ~,,~ C~. r~ TEMPORA R Y CONS TRUC T I ON ' ',k~ 5~ WEST S~ENTH ST.. SUITE ~ EASEMENT T/ON/#~ FORT WORTH. TX 76102 C 0 N S U L T A N T S (817) 3398950 LOT I, BLOCK I CICI'S ADDITION NO. I ~Jg JHP r-5¢ 5 OF ~ F~B, Z~] Z~g~ O. 290 ACRES 12ecor.ojk Copyright (2000) GEOPAK Corporation All rights reserved Pro~ect: subject: 3ob No. COR Operator: ]K Date: Tuesday March 25, 2003 11:09 am SYSTEM FIX 4 ASEC 2 BEAR PRI 0 RED NE ST^ 2 FILE: '12E' G EO PA K * i DESCRIBE PARCEL 12E Parcel 12E : 230 252 T171 T172 T173 T174 230 Total parent tract area = Total taken area Total easement area Remaining area Description of parcel: 12E 12,650.2117 ft2 = 0.0000 ft2 = 0.0000 ft2 = 12,650.2117 ft2 = 0.2904 a 0.0000 a 0.0000 a 0.2904 a Beginning parent tract description 2,421,376.3835 Sta 0+00.00 Dist 523.1848 2,420,853.2409 Sta 5+23.18 Dist 20.0724 2,420,853.0170 Sta 5+43.26 Dist 306.2761 2,421,159.2690 Sta 8+49.53 oist 9.9998 2,421,159.1430 Sta 8+59.53 Oist 216.8161 2,421,375.9420 Sta 10+76.35 Dist 30.0002 2,421,376.3835 Sta 11+06.35 Point 230 N 7,034,485.3080 E Course from 230 to 252 S 89^ 16' 22.07" W Point 252 N 7,034,478.6679 E Course from 252 to T171 N 0^ 38' 20.50" W Point T171 N 7,034,498.7390 E Course from T171 to T172 N 89A 16' 50.48" E Point T172 N 7,034,502.5840 E Course from T172 to T173 N 0^ 43' 19.06" W Point T173 N 7,034,512.5830 E Course from T173 to T174 N 89^ 16' 50.40" E Point T174 N 7,034,515.3050 E Course from T174 to 230 S 0^ 50' 35.58" E Point 230 N 7,034,485.3080 E Ending parent tract description Page 1