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ST9905-ES040119 (2) ST 99-O5 Bethel Road I Parcel 7E2 TEMPORARY SLOPE EASEMENT 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, HILLWOOD FUND NO. 1~ L.P. a Texas limited partnership, herein after referred to 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 uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by GRANTOR for the purpose of a slope easement for grading, sloping or filling along, upon and across said property to provide a more subtle grade change transition, across GRANTORS 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 for the purpose of grading, sloping or filling along, upon and across said slope easement or any part thereof. Said slope easement being described in Exhibits "A" and "B" (Parcel 7E2) attached hereto and made a part hereof for all purposes. After construction has been completed or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the slope easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTOR reserves the right to use and maintain the surface of the slope easement strip for purposes which will not interfere with GRANTEES rights hereby granted and agree that, GRANTEE shall not be obligated for future maintenance and upkeep of the slope easement strip. 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~ 2004. HILLWOOD FUND NO. 1, L.P., a Texas limited partnership By: Hillwood Fund GP1, LLC, a Texas limited liability company, its general partner By: Hillwood Property Fund, L.P., a Detaxvare limited partnership, its sole member ST 99-05 Bethel Road I Parcel 7E2 By: By: Hillwood Operating, L.P., a Texas limited partnership, its general partner Hillwood Development Company, LLC, a Texas limited liability company, its sole general partner Dewitt T. Hicks III, Executive Vice President STATE OF TEXAS § COUNTY OF ~ § This instrument, wa~ acknowledged before me on ~4'~/r/.,(dF4/~/¥, 2004, by Dewitt T. Hicks III,~5(~.x?~,/~.~;ta.~'/~Ydaa~illwood Development (~ompany, LtLC, a Texas limited liability company, on behalf of said limited liability company, in its capacity as sole general partner of Hillwood Operating, L.P., a Texas limited partnership, on behalf of said limited partnership, in its capacity as sole member of Hillwood Property Fund, L.P., a Delaware limited partnership, on behalf of said limited partnership, in its capacity as sole member of Hillwood Fund GP1, LLC, a Texas limited liability company, on behalf of said limited liability company, its capacity as general partner of Hillwood Fund No., 1, L.P., a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas Page 1 of 3 EXHIBIT "A" PARCEL 7E2 SLOPE EASEMENT HILLWOOD FUND NO. 1, L.P. PROPERTY Being a 0.051 acre tract of land, more or less, situated in County of Dallas, State of Texas, and being out of the S.A. & M.G. RR Survey, Abstract No. 1439, and being a portion of that certain 98.840 acre tract of land conveyed by CP-COPPELL INDUSTRIAL, LTD., a Texas limited partnership to HILLWOOD FUND NO. 1, L.P., a Texas limited partnership by deed recorded in Volume 2003006, Page 00074, Deed Records of Dallas County, Texas, which 0.051 acre tract of land, is more particularly described as follows: COMMENCING at a 1/2 iron rod found at the intersection of the existing North right-of-way line of Bethel Road and the West line of Lot 1, Block A, Coppell Industrial Addition, an addition to the City of Coppell, as recorded in Volume 2000200, Page 669, Plat Records, Dallas County, Texas, (after right-of-way dedication per said plat); THENCE, North 89° 18' 51" East, along the existing North right-of-way line of Bethel Road and the South line of said 98.840 acre tract, a distance of 137.08 feet to a point for comer of this Slope Easement and the POINT OF BEGINNING; THENCE, North 0° 41' 15" West, departing said North right-of-way line of Bethel Road and across said 98.840 acre tract, a distance of 10.00 feet to a point for the Northwest corner of said Slope Easement; THENCE, North 89° 18' 51" East, continuing across said 98.840 acre tract, a distance of 222.29 feet to a point for the Northeast comer of said Slope Easement; THENCE, South 0° 41' 15" East, continuing across said 98.840 acre tract, a distance of 10.00 feet to a point for the Southeast comer of said Slope Easement, said point also being on said existing North right-of-way line of Bethel Road; THENCE, South 89° 18' 51" West, along said existing North right-of-way line of Bethel Road and the South line of said 98.840 acre tract, a distance of 222.29 feet to the POINT OF BEGINNING and containing 2,223 square feet or 0.051 acre of land. NOTE: Plat to accompany legal description. Exhibit "B" TROT 2 5TA. 42'~,~ TO ~'20.45 O. 051 ~RES NSfflffl~E EXISTING 40*00 P~POSED CL 4i;00 ~ 42~00 ~ N8~I¢IS'E ~ .... '¥~ L~, UNITED STATES POST OFFICE ~OSEPH 'H PEASTER ~,,,, NORTH TEX~ MNL PR~ESSING CENTER ~ ~? S. A. & ~. G. RR SU~EY. A-1439 ~~~ ~ 5~ WEST S~ENTH ST.. SUITE ~ ~~ON/~ FORT WORTH. rx 76~02 H I L L ROOD FUND NO. I, L. P. L T A N T S t817)539-89~ TRACT 2 JHP r.~ Z OF 3 FEB. Z~3 Z~m O. 05 I ACRES S. A. & M. G. RR SURVEY. A-1439 HILLWOOD FUND NO. I, L.P. TRACT VOL. 2003006. PG. 00074 HID.WOOD FUND NO. I. L.P. TRACT 2 STA. 42,00.00 TO 44,20.45 O. 051 ACRES lO~ $£OPE EASE,I~E 7- N89'I8'51"E 222.29' 41'15'E I0.00'' ~"EXISTING R.O.W. ' 43*00 44.*00 PROPOSED CL 4 -,~ ....... ---~ ........ N89'Ig'IS E ' - '-~ - ~ ~ . 46* .i , · S81'39'50'E ~. $95.95' · ' II 7 ' :~ NOO't~'3Z'E · EXISTING R 0 W N89'49'45 E 25, 5 · UNITED STATES POST OFFICE "' ]',.~.;4~ ~' x ,-,{~ "'": : NORTH TEXAS ~AIL PROCESSING CENTER LEGEND · C ,L 732 ~ '~'~,,,~ ,~'~ ~.~.~.~.~'..~'*~,-,~,. ~ c~,,~,, r~,,~ SL OPE EASEMENT ~___----(~~770N/~.~-' FORT WORTH, TX 76102 C 0 N $ U L T A N T S I8~7) 339'8950 HILL WOOD FUND NO. I, L. P. TRACT 2 MJB JHP 1%50' 3 OF Z FEB. ZO03 ZOOOOa~O O. 051 ACRE5