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ST9302-ES 980216COPPELL, TEXAS 75019 PO. Box 478 Coppeil, Texas 75019 972-462-0022 February 16, 1998 P & J Investors Blackstone Inv. Ltd. 333 Montezuma Avenue Santa Fe, NM 87501 RE: Sandy Lake Road Project//ST 93-02 / Parcel 19T Temporary Construction Easement Dear Sir: The City is actively pursuing the acquisition of right-of way for the construction of Sandy Lake Road with hopes of starting this project in the spring of 1998. The Temporary Slope Easement that is required from your property is an area that the City will utilized to do any required grading on your property to ensure that there is not a drastic change in grade from the roadway to your property. Once the grading has been completed, the area will be returned to its "before construction" condition. In essence, the Temporary Slope Easement only allows the contractor permission to get on your property to do necessary grading. It is not dedication of land to the City for permanent use. The Temporary Slope Easement is not filed at the county, but is only held in City offices until the project is complete. After the project is complete the City relinquishes all rights to the temporary easement area. Your cooperation in expediting the acquisition of the enclosed Temporary Slope Easement will be greatly appreciated. If you have any questions I will be happy to discuss them with you. Please feel free to contact this office at (972)304-3679. Sincerely, . ~ Kenneth M._ffi.fttn, P.E. Director of Engineering and Public Works CITY OF COPPELL TEMPORARY SLOPE EASEMENT THE 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, P&Jlnvesmrs, Blackstonelnv. Ltd. herein after referred to as GRANTORS, in consideration of the sum of ONE DOLLAR and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto City o~ 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 temporary slope easement for grading, sloping or filling along, upon and across said property to provide a more subtle grade change transition, across Grantor's main tract with the right and privilege during construction, 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 temporary slope easement. ~aid temporary slope easement is further described in Exhibits "A' and B# attached hereto and made a part hereof for all purposes. After construction has been completed, GRANTEE shall, except for removed obstructions, return the surface area of the temporary slope easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTORS reserve the right to use and maintain the surface of the temporary slope easement strip for purposes which will not interfere with GRANTEES rights ~e~eby granted and agree that, GRANTEE shall .not be obi%gated for zuture maintenance and upkeep of the temporary slope easemen=. 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 , 199 . p & J Mvestors, Blackstone Inv. Ltd. STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, on this known to me to da ersonally appeared . ". eYt~e erson whose name is subscribed to the foregoing instrument, and b . -P ...... ~-~ ~- executed the same for the purposes _and ac~nowleagea ~o_m~ ~ ~-~ - --~ ~- ~ .... acit~ therein state~. considerations therein expresses, anu ~ ~,~ ~ ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 199 · Notary Public in and for The State of Texas Commission Expires: PARCEL NO. 19T STATE OF TEXAS § § COUNTY OF DALLAS § a This instrumem was acknowledged before me on the , 1998, by of , corporation, on behalf of said corporation. day of NOTARY PUBLIC, State of Texas My Commission Expires: (Type / Print Name of Notary) EXHIBIT A LEGAL DESCRIPTION TEMPORARY SLOPE EASEMENT BEING 0.06 acres of land located in SANDY LAKE ADDITION, to the City of Coppell, Dallas County, Texas, according to the plat recorded in Volume 91054, Page 1044 of the Deed Records of Dallas County, Texas. Said 0.060 acres being more particularly described by metes and bounds, as follows: BEGINNING at a point at the Southwest corner of said SANDY LAKE ADDITION; THENCE N 00° 17' 15" W 10.00 feet along the West boundary line of said SANDY LAKE ADDITION to a point; THENCE N 88° 57' 21# E 259.16 feet along a line 10 feet North of and parallel to the South boundary line of said SANDY LAKE ADDITION to a point in the East boundary line thereof; THENCE S 00° 17' 15" E 10.00 feet along the East boundary line of said SANDY LAKE ADDITION to a point; THENCE S 88" 57' 21# W 259.16 feet along the South boundary line of said SANDY LAKE ADDITION to THE PLACE OF BEGINNING, containing 0.060 acres (2,591 square feet) of land. PARCEL NO. 19 EXHIBIT "B" v 1117) Ill-Jell - ~ III1-1111 Iii I IJlll I Jill lJJ~]lPIjjlBY Flit Iii]N, 'lllll tllllO TEMPORARY SLOPE EASEMENT B/~B/~A SUE ~ VOL. 7~O~9, P~. ~8 D.R.D.C.T. N 00"17'15"W 10.00' SANDY LAKE ADDITION VOL. 91054. PG. 1044 D.R.D.C.T. FOOD UON INC. VOL. 91025, PG, 39,36 D.R.D.C.T. N 88°57'21''E 259.16' , SL"~E r~F. aa, n' - o.0~o ~s /~_? SO.Fr. --- ~'~8°57'21"W 259.16' BEGINNING SANDY LAKE CORNE~S JV. VOL 90132, PG. 527 D.R.D,C,,T = ~$ 00°17'15"E . 10.00' SANDY LAKE ROAD SCALE 1"= 50' SURVEYED ON THE GROUND APRIL 29, 1996 ,/JAMES L. BRITTAIN ~ REGISTERED PROFESSIONAL LAND SURVEYOR STATE OF TEXAS No. 1674 PARCEL No. 19 TEMPORARY SLOPE EASEMENT CITY OF COPPELL TEMPORARY SLOPE EASEMENT THE STATE OF TEXAS COUNTY OF DALLAS KNOW ALLMEN 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, FOOD LION, INC., herein after referred to as GRANTORS, in consideration of the sum of ONE DOLLAR and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, does hereby 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 temporary slope easement for grading, sloping or filling along, upon and across said property to provide a more subtle grade change transition, across Grantor's main tract with the right and privilege during construction, 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 temporary slope easement. Said temporary slope easement is further described in Exhibits "A" and #B" attached hereto and made a part hereof for all purposes. After construction has been completed, GRANTEE shall, except for removed obstructions, return the surface area of the temporary slope easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTORS reserve the right to use and maintain the surface of the temporary 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 temporary slope easement. 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 , 1996. FOOD LION, INC. STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , 1996. day of Notary Public in and for The State of Texas Commission Expires'. PARCEL NO. 19T STATE OF TEXAS § COUNTY OF DALLAS § a This instrument was acknowledged before me on the ,1998, by of , corporation, on behalf of said corporation. of My Commission Expires: NOTARY PUBLIC, State of Texas (Type / Print Name of Notary) EXHIBIT LEGAL DESCRIPTION TEMPORARY SLOPE EASEMENT BEING 0.06 acres of land located in SANDY LAKE ADDITION, to the City of Coppell, Dallas County, Texas, according to the plat recorded in Volume 91054, Page 1044 of the Deed Records of Dallas County, Texas. Said 0.060 acres being more particularly described by metes and bounds, as follows: BEGINNING at a point at the Southwest corner of said SANDY LAKE ADDITION; THENCE N 00° 17' 15" W 10.00 feet along the West boundary line of said SANDY LAKE ADDITION to a point; THENCE N 88° 57' 21" E 259.16 feet along a line 10 feet North of and parallel to the South boundary line of said SANDY LAKE ADDITION to a point in the East boundary line thereof; THENCE S 00° 17' 15" E 10.00 feet along the East boundary line of said SANDY LAKE ADDITION to a point; THENCE S 88° 57' 21" W 259.16 feet along the South boundary line of said SANDY LAKE ADDITION to THE PLACE OF BEGINNING, containing 0.060 acres (2,591 square feet) of land. PARCEL NO. 19 EXHIBIT "B" v [~17) II~-Olll - IEl110 TEMPORARY SLOPE EASEMENT BARBARA SUE AUSTIN VOL. 78069, PG. 568 D.R.D.C.T. SANDY LAKE ADDITION VOL. 91054, PG. 1044 D.R.D.C.T. FOOD UON INC. VOL. 91025, PG. 3936 D.R.D.C.T. N 88°57'21'E 259.16' N 00°17'15"W ~ TEMPORARY SL-~E EASEMENT. Z 0.06__0 ACRES / 25,__91 ~o.oo' % -- ~o~,~"w ~.~' \POINT OF BEGINNING SANDY LAKE CORNERS JV. VOL. 90152, PO. 527 D.R.D.C,,T ~ ~S 00°17'15"E ,, 10.00' SANDY LAKE ROAD !I SCALE 1"= 50' SURVEYED ON THE GROUND APR IL 29, 1996 ~" //JAMES L. BRITTAI" "---'/ REGISTERED PROFESSIONAL LAND SURVEYOR STATE OF TEXAS No. 1674 PARCEL No. 19 TEMPORARY SLOPE EASEMENT