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ST9905-ES040322TEMPORARY CONSTRUCTION EASEMENT ST 99 05 Bethel Road 1 Parcel 8E 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, MINYARD FOOD STORES~ 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 acknoxvledged, 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 "temporary easement strip") for the purpose of constructing/reconstructing a public street r,x6/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 premises (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 8E) attached hereto; and made a part hereof for all purposes. 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 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 day of t/'~(L,'O~J3 ,20Gq President. Chief 0Deratina Officer ORANTOR STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ,~- ,~ day of a , corporation, on behalf of said corporation. My Commission Expires: ,'~.'.:" ' '"..o2~ I! ._1 ~ ~ ~ Notary Public State of Texas ,'. 200' Il NOTARY PUBLIC, State of Texas (Type / Print Name of Notary) EXHIBIT "A" PARCEL 8E TEMPORARY CONSTRUCTION EASEMENT MINYARD FOOD STORES, INC. Page 1 of 6 Being 0.316 acre tract of land, more or less, situated in County of Dallas, State of Texas, and being out of the S.A. 8,: M.G. RR Survey, Abstract No. 1439, and being a portion of that certain called 62.528 acre tract of land conveyed by Minyard Properties, Inc. to Minyard Food Stores, Inc. by deed recorded in Volume 80037, Page 2327, of the Deed Records of Dallas County, Texas, and being a portion of Lot 1, Bock 1, Minyard Addition, an addition to the City of Coppell, as recorded in Volume 97056, Page 1150, of the Plat Records of Dallas County, Texas, which 0.316 acre tract of land, more or less, is more particularly described as follows: COMMENCING at an 1/2" iron rod found for the Southwest corner of Lot 2, Block 1, Minyard Addition, an addition to the City of Coppell, as recorded in Volume 97056, Page 1150, of the Plat Records of Dallas County, Texas; THENCE, North 85° 29' 44" East, along the South line of said Lot 2, Block 1, a distance of 376.52 feet to a reconstructed comer being the Southeast corner of said Lot 2, Block 1 and the Southwest corner of said Lot 1, Block 1; THENCE, North 85° 29' 44" East, along the South line of said Lot 1, Block 1, a distance of 1,462.20 feet to the reconstructed Southeast comer of said Lot 1, Block 1 also being on the common East line of said Lot 1, Block I and the existing West right-of-way line of Freeport Parkway (variable width right-of-way); THENCE, North 00° 30' 16" West, along the said common line of Lot 1, Block 1 and Freeport Parkxvay, a distance of 1,526.87 feet to a reconstructed corner; THENCE, North 00° 30' 16" West, continuing along the said common line of Lot 1, Block 1 and Freeport Parkway, a distance of 221.29 feet to a 5/8" iron rod with plastic cap stamped "Transystems Corporation" set for corner of the proposed South right-of- way line of Bethel Road, said corner also lying on the said common line of Lot 1, Block 1 and Freeport Parkway and being the POINT OF BEGINNING; THENCE, South 89° 25' 36" West, departing said common existing West right-of-way line of Freeport Parkxvay (variable width right-of-xvay) and the East line of said Lot 1, Block 1 and across said Lot 1, Block 1, a distance of 5.00 feet to a point for the proposed Temporary Construction Easement; THENCE, North 00° 30' 16" West, continuing across said Lot 1, Block 1, a distance of 38.01 feet to a point for the proposed Temporary Construction Easement; THENCE, North 45° 28' 18" West, continuing across said Lot 1, Block 1, a distance of 16.87 feet to a point for the proposed Temporary Construction Easement; Page 2 of 6 THENCE, South 89° 55' 04" West, continuing across said Lot 1, Block 1, a distance of 243.90 feet to a point for the proposed Temporary Construction Easement; THENCE, South 89° 48' 09" West, continuing across said Lot 1, Block 1, a distance of 144.72 feet to a point for the proposed Temporary Construction Easement; THENCE, North 00° 04' 56" West, continuing across said Lot 1, Block 1, a distance of 5.00 feet to a point for the proposed Temporary Construction Easement; THENCE, South 89° 25' 36" West, continuing across said Lot 1, Block 1, a distance of 1002.55 feet to a point for the proposed Temporary Construction Easement; THENCE, North 00° 14' 31" West, continuing across said Lot 1, Block 1, a distance of 10.00 feet to a point for the proposed Temporary Construction Easement, said point also lying on the South line of a right-of-way dedication for Bethel Road per said plat as recorded in Volume 97056, Page 1150, of the Plat Records of Dallas County, Texas, from which the reconstructed Northwest corner of said Minyard Addition bears North 81 ° 39' 50" West, a distance of 436.26 feet; THENCE, North 89° 25' 36" East, continuing along said right-of-way dedication, a distance of 1147.31 feet to a 5/8" iron rod xvith plastic cap stamped "Transystems Corporation" found for corner of said proposed South right-of-way line of Bethel Road; THENCE, South 00° 04' 56" East, continuing along said proposed South right-of-way line of Bethel Road, a distance of 10.95 feet to a 5/8" iron rod with plastic cap stamped "Transystems Corporation" found for corner of said proposed South right-of-way line of Bethel Road; THENCE, North 89° 55' 04" East, continuing along said proposed South right-of-way line of Bethel Road, a distance of 245.95 feet to a 5/8" iron rod with plastic cap stamped "Transystems Corporation" found for corner of said proposed South right-of-way line of Bethel Road; THENCE, South 45° 28' 18" East, continuing along said proposed South right-of-way line of Bethel Road, a distance of 20.99 feet to a 5/8" iron rod xvith plastic cap stamped "Transystems Corporation" found for corner of said proposed South right-of-way line of Bethel Road and lying in the said existing West right-of-way line of Freeport Parkway; THENCE, South 00° 30' 16" East, departing said proposed South right-of-way line of Bethel Road and continuing along said common existing West right-of-way line of Freeport Parkway and the East line o£ said Lot 1, Block I, a distance of 40.07 feet to the POINT OF BEGINNING and containing 13,780 square feet or 0.316 acre of land. NOTE: Plat to accompany legal description..'!~'~'~'x./)~ii'~Ad'.~~;~c'~ r :~:'~x ~ .... ~,~. . ~"'~\ Exhibit "B" JOHN VEST SURVEY, A-1508 TEXA~ DUGAN UI~ITED PARTNERSHIP VOL. 200251, PG. 0E678 VOL, 2001026 PG, 03881 D,R,D,C,T, LOT 2, BLOCK A DUKE-FREEPORT ADDITION VOL. Z001065, PG, 00057 P,R,D,C,T, EXISTING R.O.W. N89'55'O4'E ~EX. lO'GTE ES~T.~-..~, 1278, 77' 62.00 PROPOSED CL 63*00 BETHEL ROAD 64-o0 Neg'ss'O,rE APPROX, SURVEY UIIE S 0"04'56"E N89'25'36'E I0 ~ 95' 1147. 1,44.7~' 5 89'48'09'W EX. DRAINAGE EASEIZEN;~/ EXISTING R.O.W. N89'25'36'E 260.70' PROPOSED R.O.W. N 89'55'04'E 245.95' S 89'55'04'W 243.90'--/~ MINYARD FOOD STORES, INC. STA. 50'67.26 TO STA. 64'70.91 0.316 .~CRE IV 45" 28' h5 0' 30'16' w---J 38. Of i S 8~25'36"W~ 5.~ '":~ ~ MINYARD FOOD STORES, INC. ~< ~ ~ . [/OL 8OO57. PO, 23E7 ~ /LI /~ 5. A. & ~. G. RR SU~EY, A-14~9 ,462 2~J~ 65.00 500'$0'16J~'_ 5 45'28'1~E Scale ~ Feet 0 25 50 76 LEGEND C O N $ U L T A N T $ DRAWN BY SCALE PAGE DATE JOB NUMBER ~¢JB CHECKED BY JHP 50' 30F 6 FEB, ZOOS 2OO0389O TEMPORARY CONS TRUC T I ON EA SEMEN T MINYARD FOOD STORES, INC. 0.316 ACRE JOHN VEST SURVEY, A-1508 TEXAS DUGAN LIIIITED PARTNERSHIP VOL. 200251, PG, 02678 VOL. 2001026 PG. 03881 D.R.D.C.T. LOT 2, BLOCK A DUKE-FREEPORT ADDITION VOL. 2001065, PG. 00037 P.R.D,C.T. ~ EX, IO' GTE ESMT. ~ EXISTING R.O.W, NB~55'O4'E 1278, 77' BETHEL ROAD :o Os ,58*00 .59 0 PROP EO eL 60'-00 6l '-00 EXISTING R,O.W. NS~:ZS'56'E 1147.31' ~ ~X. DRAINAGE EAS~MENTI~-....~ ~ 5.0CY EX, /O'X JO'UTILITY EASEI~ENT /~ [ I ~ WINYARD FOOD STORES, INC. STA. 50°67,26 TO STA. 64°70.91 I 0.516 ACRE VOL. 817057'. PG. Z J27 · D.R,D.C.T. b!INYARD ADOITIONI. P.R.D.C.T. Scale ~ F~t · ¥orl~er found o$ noted D.R.D.C.T.. Deed Records. DollO~ Courtly. Texo$ TEMPORA R Y CONS TRUC T I ON ~ . ~,~ ~ ~.R.O.c.r.. ~ ~,. ~ coup. r¢~ EA SEMEN T : a4N. YS n4S WEST S ENr ST.. SUITE ~i~:~:)i~N770N£//~----- ~'" FORT WORTH, TX 76102 MI NYARD FOOD c o N S U L T A N T S ~817) 5~9-89~ STORES, INC. DRAWN BY CHECKED BY SCALE PAGE DATE JOe NU~ER O. 316 ACRE ~JB JHP ~. ~ 4 OF 6 FEB, ~3