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WA0101-ES040712SH 121 WaterLine 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, FRWM, 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 an underground water system on Grantor's 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 (the "temporary easement strip") for the purpose of constructing said water system or any part thereof. Said temporary easement strip being described in Exhibits "A" and "B" 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 underground water system has been completed, GRANTEE shall return the surface area 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 '--J ~ ,2004. STATE OF TEXAS § COUNTY OF DALLAS § a This instrument was acknowledged before me on the J ~ day of .,.~/~ ,2004, by ...7-/~ ,'/4 ~; '//7/. ~7~, .,~/~)f? d/'~.:~' , ~:',,~'/2>~-/~.,~ of f~ ~/~,a'b' m ~C, , ~ 5 , co~oration, on behalf of said co~oration. Notary Public, Stste_of.Texes rvly CommissLon Expires April 30, 2006 NOTAP~UBLIC, State of Texas My Commission Expires: (Type / Print Name ofNotary~ ! TEMPORARY CONSTRUCTION EASEMENT 06/22/04 BEING a strip of land for a temporary construction easement more or less fifty (50) feet in width and being over, under and across a tract of land located in the Clarinda Squires Survey, Abstract No. 1682, Denton County, Texas, conveyed to FRWM, Inc. by a deed now of record in Volume 97122, Page 5267, Tract l, of the Land Records of Denton County, Texas, said strip of land being more particularly described as follows: BEGINNING at a point found in the north right-of-way line of S.H. 121 (a variable width fight-of-way), said point also being N 64°10'37'' W, a distance of 25.97 feet along said S.H. 121 north right-of-way line, from the southeast comer of said FRWM tract, said southeast comer also being the southwest comer of a tract of land conveyed to Beal Mortgage, Inc. by a deed now of record in File No. 95-0030664 of the Land Records of Denton County, Texas, said common comer also being N 62°12'12" W, a distance of 1.15 feet from an iron rod found; THENCE, N 64° 10'37" W, along said S.H. 121 north right-of-way line, a distance of 51.11 feet to a point for a corner; THENCE N 01005'00'' E, leaving said S.H. 121 north right-of-way line, being at all times a 70-foot perpendicular distance from and parallel to the east line of said FRWM tract, a distance of 474.57 feet to a point for a comer; THENCE N 31049'39'' E, a distance of 111.59 feet to a point for a comer, said point also being in said FRWM tract north line, said point also being in the south line of a tract of land conveyed to Texas Industries by a deed now of record in Volume 93250, Page 3807, Tract 3 of the Land Records of Denton County, Texas; THENCE, S 88°55'30" E, along said FRWM tract north line, also being said Texas Industries tract south line, a distance of 12.96 feet to a point for a comer, said comer also being said FRWM tract northeast comer, said comer also being said Texas Industries tract southeast comer, said comer also being in the west line cfa tract of land platted as Block A, Lot 45X, Phase Two Addition, by Coppell Greens, by a plat now of record in Cabinet R, Pages 104 & 105 of the Land Records of Denton County, Texas; THENCE, S 01o05'00" W, along said FRWM tract east line, also being said Coppell Greens Phase Two, Block A, Lot 45X tract west line, a distance of 49.69 feet to a point for a comer; THENCE S 31°49'39" W, leaving said FRWM tract east line and said Coppell Greens Phase Two, Block A, Lot 45X tract west line, ~ distance of 39.12 feet to a point for a comer; THENCE S 01°05'00" W, being at all times a 20-foot perpendicular distance from and parallel to the east line of said FRWiVl tract, also being said Coppell Greens Phase Two, Block A, Lot 45X tract and said Beal tract west lines, a cumulative distance of 503.77 feet to the POINT OF BEGINNING, said fifty (50) foot wide temporary construction easement containing 0.634 acres (27,617.27 square feet), more or less.