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ST9905-ES031016 ST 99-05 Bethel Road 1 Parcel 5E - Part 2 TEMPORARY CONSTRUCTION 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, GULF UNITED INDUSTRIES~ 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 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. The temporary construction easement, along with its rights and privileges, shall commence on June 1, 2004 and terminate on December 31, 2006. Said temporary easement strip being described in Exhibit "A" and "B" (Parcel 5E-Part 2) attached hereto; and made a part hereof for all purposes. GRANTEE 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, landscaping, and irrigation system 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 ~ ~-¢~ ~ ,2003. STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the /d?-K' day of ~e~o_~.- ,2003, by of o.~.~r,._t4:' , corporation, on behalf of said corporation. My Commission Expires: NOTARY PUBLIC, State of Texas (Type / Print Name of Notary) Page 1 of 2 EXHIBIT "A" PARCEL 5E Part 2 TEMPORARY CONSTRUCTION EASEMENT GULF BEARING, INC. PROPERTY Being 0.016 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 portion of that certain 11.1770 acre tract of land conveyed by Criterion Productions, Inc., a Texas corporation to Gulf Bearing, Inc., a Delaware corporation by deed recorded in Volume 94189, Page 00036, of the Deed Records of Dallas County, Texas, and being a portion of Gulf United Industries Addition, an addition to the City of Coppell, Texas as recorded in Volume 95054, Page 4906, Plat Records, Dallas County, Texas, which 0.016 acre tract of land, is more particularly described as follows: BEGINNING, at a 5/8" iron rod with plastic cap stamped "Transystems Corporation" found for the Northeast corner of a proposed right-of-way comer clip of Bethel Road, said corner also lying in East line of said 11.1770 acre tract, common to the existing West right-of-way line of Royal Lane (100 foot right-of-way), said 5/8" iron rod with plastic cap stamped "Transystems Corporation" also being the Southeast comer of this Temporary Construction Easement; THENCE, South 44° 14' 41" West, continuing along said proposed right-of-way corner clip of Bethel Road, a distance of 21.69 feet to a point for corner; THENCE, North 00° 30' 38" West, departing said proposed right-of-~vay comer clip of Bethel Road and across said 11.1770 acre tract, a distance of 53.22 feet to a point for comer; THENCE, North 89° 29' 22" East, continuing across said 11.1770 acre tract, a distance of 15.27 feet to a 1/2" iron rod found in the common East line of said 11.1770 acre tract and the existing West right-of-~vay line of Royal Lane (100 foot right-of-way); THENCE, South 00° 30' 38" East, continuing along said common East line of said 11.1770 acre tract and said existing West right-of-way of Royal Lane, a distance of 37.82 feet to the POiNT OF BEGINNING and containing 695 square feet or 0.016 acre of land. NOTE: Plat to accompany legal description. Exhibit "B" S A & I~ G RR SURVEY, A-1459 .... GULF BEARING INC. VOL 94189 PG 00036 DRDC. T. GULF UNITED IN~STRIES ~DITIOfl VOL. 95054. PG. 4~6. P.R.D.C.T. EX. 5'51DEW~K & UTIL. ESMT. E PART 2 ,'a~ I~t ~ , o ~ [ I GULF BERING. INC. 15.27 TE~POR~sTA. CONSTRUCTION E~E~ENT ~ ~ ' I ~9 64.24 TO STA. 29 B0.89 RES EXISTING R.O.W. 58~11'1~ R;O.W, * ED ..... 29 O0 PROPO5 NSg~ O¢E ~ ~~ ~OL 7~61. PG 0549 _ 130.~ [_ LE~E~D ~ .5~'lr~r~w/d~lc~psto~ P.O.B.'~I~ ~A~ TEMPORA R Y CONS TRUC T I ON ~~~ ~ 5~ WEST S~EOTY ST.. SUITE ~ EA SEMEN T ~~ONI/I~ FORY WORTH, TX 7610~ c o N S U L r ~ N T S ¢817) 339-8950 GULF BEARING, INC. DRAWN BY CHECKED BY SCALE PAGE DATE JOB NUMBER 0. 016 ACRE MJB JHP ~' ~ 2 OF ~ N~., 2~2 ~8~