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ST9905-ES040119 (4)TEMPORARY CONSTRUCTION EASEMENT ST 99-05 Bethel Road l Parcel 7E 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, HII,LWOOD FUND NO. L 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 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 "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 within the right-of-way. Said temporary easement strip being described in Exhibits "A" and "B" (Parcel 7E) attached hereto; and made a pan 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. Any damage to or alteration to the fire vaults will be remedied at Grantee's sole expense. Grantee will also be responsible for the cost of any temporary fire protection required for the building located at 980 Bethel Road, Coppell, Texas, due to any damage or alteration of the fire vaults. After construction of the public street has been completed, (i) GRANTEE shall return the surface area of the temporary easement strip and all fire vaults to their original condition as nearly as practical taking into consideration the nature of the work being performed, (ii) the temporary construction easement shall terminate and (iii) 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 / q ~ day of ~~~ , 2004. ST 99 05 Bethel Road 1 Parcel 7E 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: Hillwood Operating, L.P., a Texas limited partnership, its general panner By: Hillwood Development Company, LLC, a Texas limited liability company, its sole general partner Dewitt T. Hicks Ill, Executive Vice President STATE OF TEXAS § COUNTY OF ~)~,.,~9 § This instrument was acknowled~ged before me on c (yL/~l~.~'/~o 2004, by Dewitt T. Hicks III, ~lg. ~x,d..¢4.o/.)~-a4)4~g~llwood Development Company, LLC, a Texas limited liability company, on behalf of said limited liability company, in its capacity as sole general panner 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 panner of Hillwood Fund No., 1, L.P., a Texas limited partnership, on behalf of said limited partnership. NOT#~Y PIIUC IRATE OF 'I~YJI ! Notary Public, State of Texas Pagel of 5 EXHIBIT "A" PARCEL 7E TEMPORARY CONSTRUCTION EASEMENT HILLWOOD FUND NO. 1, L.P. PROPERTY Being 0.264 acre tract of land, more or less, situated in County of Dallas, State of Texas, and being out of the S.A. & MG. RR Survey, Abstract No. 1439, and being a portion of that certain 98.840 acre tract of land conveyed by CP-COPPEI,L INDUS'FRIAL, LTD, a Texas limited partnership to HILLWOOD FUND NO. 1, LP., a Texas limited partnership by deed recorded in Volume 2003006, Page 00074, Deed Records of Dallas County, Texas. and a portion of that certain 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, which 0.264 acre tract of land, is more particularly described as follows: BEGINNING at a 5/8" iron rod with plastic cap stamped "Transystems Corporation" found at the intersection of the proposed North right-of-way line of Bethel Road and the West line of said Lot l, Block A, from which a I/2" iron rod found for the Southwest comer of said Lot 1, Block A (after right-of-way dedication per said plat) bears South 0° 43' 33" East, a distance of 10.03 feet; THENCE, North 0° 43' 33" West, departing said proposed North right-of-way line of Bethel Road along said West line of said Lot 1, Block A, a distance of 10.00 feet to a point for corner of this Temporary Construction Easement; ]'HENCE, North 89° 19' 15" East, departing said West line of said Lot 1, Block A and across said Lot 1, Block A, a distance of 214.75 feet to a point for corner; THENCE, South 00° 40' 45" East, continuing across said Lot 1, Block A, a distance of 10.00 feet to a point for corner; THENCE, North 89° 19' 30" East, contiouing across said Lot l, Block A, a distance of 548.71 feet to a point for corner; THENCE, North 0° 40' 30" West, continuing across said Lot 1, Block A. a distance of 20.00 feet to a point lbr corner; -[HENCE, North 89° 19' 30" East, continning across said Lot 1, Block A, a distance of 100.00 feet to a point for corner; THENCE, South 0° 40' 30" East, continuing across said Lot 1, Block A, a distance of 20.00 feet to a point for corner; THENCE, North 89° 19' 30" East. continuiog across said Lot 1, Block A, a distance of 76.47 feet to a point for corner, said corner also being on the East line of said Eot 1, Block A; TllENCE, South 0° 41' 13" East, along said East line of said Lot 1, Block A, a distance of 10.00 feet to 1/2" iron rod fi*und fl0r the Southeast comer of said Lot 1. Block A, said 1/2" iron rod also being on the existing North right-of-~ ay line of Bethel Road (after right-of-way dedication per said plat); Page 2 of 5 THENCE, South 89° 19' 19" West, along said existing North right-of-way line of Bethel Road common to the South line of said Lot 1, Block A~ a distance of 735.18 feet to a 5/8" iron rod with plastic cap stamped "Transystems Corporation" fonnd for corner, said 5/8" iron rod with plastic cap stamped "Transystems Corporation" also being on the proposed North right-of-way line of Bethel Road; THENCE, North 0° 40' 45" West, continuing along said proposed North right-of-way line of Bethel Road, a distance of 10.04 feet to a 5/8" iron rod with plastic cap stamped "Transystems Corporation" found for corner; THENCE, South 89° 19' 15" West, continuing along said proposed North right-of-way line, a distance of 204.74 feet to the POINT OF BEGINNING and containing I 1,514 square feet or 0.264 acre of land. NOTE: Plat to accompany legal description. Exhibit "B" II I I S.A. & M. G. RR SURVEY, A-1459 I I H,LLWOOD FUND NO. ,. L.P. TRACT I . I VOL. 2003006, PG. 00074, D.R.D.C.T. I LOT I, BLOCK A COPPELL INDUSTRIAL ADD/T/ON I ' voL. 20oc20o. PG. ~69. P.,~.o.c.T. ~ c E ~ , ~ ~woo¢ ¢u~¢ ~o. ~. ~.~. ~ ~ TRACT I [ ~ STA. 5/'24.29 TO 40'62.92 L Il ~* 0.264ACRES ~J'~ ~ ~8~5'~.z5' ~ ~ I0.~ ~ ~. ~ ~l *00 PROPOSED CL 32'00 33*00 ~lfflS'E 34'00 ~ - ~ N~5F5¢E :~ BETHEL RO~ ~~51 " UNITED STATES POST OFFICE ~ ~NORTH TEX~ ~NL PROCESSING CENTER · ~o~*~ ~ ~ ~ o.R.o.c.r..~ ~,. ~ c~. r,o, TEMPORARY CONS TRUC T I ON . ~ ~ ~.R.O.C.T.. ~ ~. ~,o¢ C~. T~ EA 5 EME N T ~~S~ ~ 5~ WEST 5~ENTH ST.. SUITE C~~ONf/~ FORT WORTH, TX 76102 TRA C T I O. 264 ACRE MJB JHP ~- ~ 5 OF 5 N~., ~ $. A. & M. G. RR SURVEY, A-1439 HILLWOOD FUND NO. I, L.P. 1 TRACT I VOL. 2003006, PG. 00074, D.R.D.C.T. w LOT I, BLOCK A COPPELL INDUSTRIAL ADDITION VOL. 2000200, PG, 00669, P.R.D.C.T. HILLWOOD FUND NO. I, L.P. TRACT / STA. 31'24.29 TO 40'62.92 O. 264 ACRES ~ ~ N89'Ig'..~O"E 5,18.71' . EXISTING R.O,W. N89"Ig'Ig"E 735,18' ]5..~_0 '~6-00 PROPOSED CL ]7,-00 N89'Ig'IS"E~ 38"00 BETHEL ROAD · . >'~,~. ~/1 NORTH TEXAS MAIL PR~ESSING CENTER VOL. 88158, PG. 5655 P.R.D.C.T. 5. A. ~ ~. O. RR 5U~EY, A-1459 ~ ' ~ ~ ~ ~ o.~.o.c.n. ~ ~. ~ c~. ~ TEMPORARY CON5 TRUC T I ON  ,~ 5~ WEST SEVENTH ST.. SUITE ~ ~ON~/~ FORT WORTH. TX Z6~02 H I L L WOOD FUND NO. I, L. P. C 0 N S U L T A N t S (817) 359-8950 TRACTI ~JB JHP r. 5~ 4 OF 5 N~.. 2~2 2~8~ O. 26 4 ACRE S. A. & M, G. RR SURVEY, A4439 I / x~' / ~ .~ . ' HILLWOOD FUND NO, I, L,P. ] [ /' TROT I ~ / VOL. 2003006, PG. ~74, D.R.D.C. TJ /,~ I LOT I, BLOCK A COPPELL INDUSTRI~ ~DITION ~ /~ /~"' ' ~ ' / ~' , / / ~I~LWOOD FUND NO. /, ~ /, ~'7 TRACT I ,. EXISTING R.O.W, E ~*00 N8~I~IS"E ]~*00 40-00 PROPOSED CL ~1~00 BETHEL RO~ ~ ~~/... UNITED STATES POST OFFICE ~f~~H TEX~ MNL PR~ESSING CENTER ~ ~ "~' P.R.D.C. T. ~ ?-~-o% S.A. & ~. G, RR SU~, A-1439 LEGEND o . u~,*~ r~ ~ ~ o.~.o.c.r.. ~ ~. ~,~ c~. r~,, TEMPORA R Y CONS TRUC T I ON ~ '~ ~ ~.~.o.c.n.~,~,. ~,~, c~. ~,~ EASEMENT ~~~ ~ 5~ WEST SEVENTH ST., SUITE ~~ON/~ FORT WORTH. TX 76102 H I L L WQOD FUND NO. I, L. P. C 0 N 5 u L T A N T 5 (817)~9-8950 TRACTI ~JB JHP r-5¢ 5 OF 5 N~.. ~Z 2~8~ O. 264 ACRE