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ST9905-ES040119 (3)TEMPORARY CONSTRUCTION EASEMENT ST 99-05 Bethel Road I Parcel 7El 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 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 Coppeil, 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 "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 premises (the "temporary easement strip") for the purpose of constructing said improvements in the right-of-way. Said temporary easement strip being described in Exhibit "A" and "B" (Parcel 7El) 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 st-dp 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. EXECUTEDthis / ¢ ~ day of~ ,2004. ST 99-05 Bethel Road 1 Parcel 7El 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 Delaware limited partnership, its sole member 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 was ackaow~ledged before me on~tlJ, gt~/~g,f t 4, 2004, by Dewitt T. Hicks II1, ,/~([~,/z~5 ~/Jx-((,~v~ff_l~illwood Develc~ment Con'any, LLC, 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 Hitlwood 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 Pagel of 6 EXHIBIT "A" PARCEL 7El TEMPORARY CONSTRUCTION EASEMENT HILLWOOD FUND NO. 1, L.P. PROPERTY Being a 0.297 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 0.297 acre tract of land, is more particularly described as follows: BEGINNING at a I/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 00669, Plat Records, Dallas County, Texas, (after right-of-way dedication per said plat); THENCE, North 0° 41' 15" West, departing said proposed North right-of-way line of Bethel Road and along said West line of said Lot 1, Block A, a distance of 20.00 feet to a point for comer of this Temporary Construction Easement; THENCE, North 89° 18' 51" East, departing said West line of said Lot 1, Block A and across said 98.840 acre tract, a distance of 359.37 feet to a point for corner; THENCE, South 00° 40' 40" East, continuing across said 98.840 acre tract, a distance of 4.99 feet to a point for corner; THENCE, North 89° 19' 14" East, continuing across said 98.840 acre tract, a distance of 110.46 feet to a point for corner; THENCE, South 0° 40' 53" East, continuing across said 98.840 acre tract, a distance of 4.88 feet to a point for corner; THENCE, South 81 ° 43' 17" East, continuing across said 98.840 acre tract, a distance of 421.29 feet to a point for corner; THENCE, South 83° 50' 11" East, continuing across said 98.840 acre tract, a distance of 114.22 feet to a point for corner; THENCE North 87° 15' 05" East, continuing across said 98.840 acre tract, a distance of 96.24 feet, said corner also being on the East line of said 98.840 acre tract and the West line of Lot 2, Block A, Duke-Freeport Addition, an addition to the City of Coppell, as recorded in Volume 2001065, Page 00037, Plat Records, Dallas County, Texas; THENCE, South 0° 28' 31" East, along said common line of 98.840 acre tract and Lot 2, Block A, a distance of 10.01 feet to a point for comer, said corner also being on the South line of said 98.840 acre tract and the said existing North right-of-way line of said Bethel Road; Page 2 of 6 THENCE, South 87° 15' 06" West, along said common line of 98.840 acre tract and Bethel Road, a distance of 96.62 feet to a point for corner; THENCE, North 83° 50' 11" West, continuing along said common line of 98.840 acre tract and Bethel Road, a distance of 115.18 feet to a point for corner; THENCE, North 81° 43' 17" West, continuing along said common line o£98.840 acre tract and Bethel Road, a distance of 419.89 feet to a point for corner; THENCE, South 89° 18' 51' West, continuing along said common line of 98.840 acre tract and Bethel Road, a distance of 110.46 feet to a point for corner; THENCE, North 0° 4I' 15" West, departing said Bethel Road and across said 98.840 acre tract, a distance of 10.00 feet to a point for corner; THENCE, South 89° 18' 51" West, continuing across said 98.840 acre tract, a distance of 222.29 to a point for comer; THENCE, South 0° 41 ' 15" East, continuing across said 98.840 acre tract, a distance of 10.00 to a point for corner, said corner also being on the South line of said 98.840 acre tract and the said existing North right-of-way line of Bethel Road; THENCE, South 89° 18' 51" West, along said common line of 98.840 acre tract and Bethel Road, a distance of 137.08 feet to the POINT OF BEGINNING and containing 12,940 square feet or 0.297 acres of land. NOTE: Plat to accompany legal description. Exhibit "B" ~ / / S.A. & M. G. RR SURVEY. A'1459 TRACT 2 ~ / VOL. Z005006, PG. 00074 / TROT 2 /_ o. z97 EX. 2ff X 2~ WATER ESWT. CONSTRUCTION ~.0.~. ~0.00 P~O~SED ~ ~i;00 ~*00 ~8~1~15~E .. UNITED STATES POST OFFICE , NORTH TEX~ MAIL PR~ESSING CENTER P.R.D.C.T. ~E~D · ~,~ ~ ~.~.o.c.r.. ~¢ ~,. ~,,, c~. r~ TEMPORARY CONS TRUC T I ON EA SEMEN T 1 ,~ 5~ WEST S~ENTH ST.. SUITE ~ ~ON~ FORT WORTH. TX 76102 0 N S U L T A N T S (817)~39-89~ HILL WOOD FUND NO. I, L. P. TRACT 2 MJB JHP r. 5¢ 5 OF 6 FEB, Z~5 Z~ O. 297 ACRES S, A. & M. G. RR SURVEY, A-1439 HILLWOOD FUND NO, I, L.P. TRACT Z. VOL. 2003006, PG. 00074 HILLWOOD FUND NO. I. L.P. /'"% TRACT 2 O' T£~PORARY I CONSTRUCT/ONf 15' TEMPORARY ~EASEMENT ./~ CONS TRUCTION // /~u~.9 / / // CONSTRUCTION T' ' ~ 53'E EASEMENT NS~'I8'51'E 359. $ , ' S0'4'0' ~'EXISTING 'R 0 W 43*00 44*00 PROPOSED CL 45*00 395.93 EXISTING R 0 W N89'49'45'E IIZ..,% 75' ~ . NO?'~I7 .?~,,~'E -- LEGEND RCC . Reco~rucfed corror P.R.D.C.T.. P/.~ ~.~,~,~,. ~,,o, C,,,,,~,. T,O., TEMPORARY CONS TRUC T I ON EA SEMEN T WEST S E T. ST.. ~~ON FORT WORTH. TX ZS~OZ H I L L WOOD FUND NO. I, L. P. C 0 N S u L T A N T S (817) 3~9-8950 TRACT 2 MJB JHP r. 5~ ~ OF 6 FEB. Z~5 Z~ O. 29 7 ACRES S. A. & M. G. RR SURVEY, A-14..z9 HILLWOOD FUND NO. I, L.P. TRACT 2 VOL. 2005006, PG. 00074 HILLWOOD FUND NO. I. L.P. TRACT 2 STA. 40*62.92 TO 51.61.71 O. 297 ACRES :~~ CONSTRUCT/ON ~-~S8~45,~.~ EASE~ENT ~ ~ ~ ~ 47"00 P,c~n O'I~'E ~ '"-m...... ~_QPOSED Cl 115.1~' ~.- 48.0n ""-'-'~' - ~ 50o00 'Jb's~P~ 'H'. PEA~TER ~,~~ LOT 2_. BLOCK I. " · '- '' ~ MINY~D ~DITION ~~"~ ~ " VOL. 97056, PG. 1150 P.R.D.C.T. ~GEND · ~r~ =~ P.R.D.C.T..PlOt~dS. m~,,C~, r.~ TEMPORARY CONSTRUCT I ON T~~ ~ ~ WEST S~E~T~ ST.. SUITE ~ EASEMENT ~~ON~ FORT WORTH. TX 76102 o N S u L T A N T ~ (817) 339'8950 HILLWOOD FUND NO. I, L. P. TRACT 2 MJB JHP P. 5¢ 5 OF 6 FEB. Z~3 2~ O. 297 ACRES S. A. & M. G. RR SURVEY, A-1439 HILLWOOD FUND NO. I, L.P. TRACT 2 JOHN VEST SURVEY, A-1508 VOL. 2003006, PG. 00074 QE/ ~ TEXAS DUGAN L/b/TED PARTNERSHtP VOL. 200251. PG. 02678 HILLWOOD FUND NO. I.L.P. VOL. 2001026 PG. 03881 D.R.D.C.T. TRACT 2 rN¢ 5~ LOT 2, BLOCK A STA. 40.62.92 TO 51.6h 71 0.297 ACRES ~ DUKE-FREEPORT ADDITION VOL. 2001065, PG. 00037 ~ P.R.D.C.T. SSJ'50'/2,£~SOO,28.24.E ~ / EXISTING I - ~ - ,.,-.,. _ ~ 52*00 PROPOSED CL 53,-.00 N89'55'O4'E ///~s8r 39'50'E 393.93'/-58rJ9'50'E $cole LEGEND RCC .Reco~ructed corner P.R.D.C.T..PlotRecord$. ~,,*,C~,. T¢~ TEMPORARY CONSTRUCT I ON EASEMENT TION FORT WORTH. TX 76102 H I L L WOOD FUND NO. I, L. P. c o N S U L T A N 'r $ (817)$39-8950 TRACT 2 MJB JHP r. 50' 6 OF 6 FEB, ZOOZ 2000089O O. 297 ACRES