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WA0101-ES050411TEMPORARY CONSTRUCTION EASEMENT WA 01-01 SH 121 Water Line 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, JAMES H. & DAVID IC CUMMINGS, 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 fi.om 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 rettma 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 Coppeli, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this ,/// day of ~, 2005. / //t STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ///7t~day of ,~?f~c~ Y 2005 by My Commission Expires: N't~TARY I~r~LiC, Sttl~-6f Texas (Type / Print Name of Notary) STATE OF TEXAS § COUNTY OF DALLAS § This instrument t ~2/A,.~/ ,2005 by My Commission Expires: was acknowledged before me on the /'/ "- day of NOTAI~Y PUBL'~,, ~tate o~xas (Type / Print Name of Notary) 03/24/05 FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT ACROSS THE PROPERTY OF JAMES H. & DAVID K. CUMMINGS (FILE NO. 04-127290, TRACT 11, LAND RECORDS OF DALLAS COUNTY) BEING a strip of land for a temporary construction easement being over, under and across a tract of land located in the Clarinda Squires Survey, Abstract No. 1327, Dallas County, Texas, conveyed to James H. & David K. Cummings. by a deed now of record in File No. 04-127290, Tract 11, of the Land Records of Dallas County, Texas, said strip of land being more particularly described as follows: BEGINNING at a point found in the south right-of-way line of S.H. 121 (a variable width right-of-way), said point also being N 85007'24" W, a distance of 31.73 feet from a ~" iron rod found; THENCE, S 65010' 14" E, along said S.H. 121 south right-of-way line, a distance of 15.00 feet to a point for a comer; THENCE S 24049'46'' W, leaving said S.H. 121 south right-of-way line, a distance of 30.02 feet to a point for a comer; THENCE N 68°14'06" W, a distance of 15.02 feet to a point for a comer; THENCE N 24049'46'' E, a distance of 30.82 feet to the POINT OF BEGINNING, said temporary construction easement containing 0.010 acres, more or less. 'OW 301AWqS '~'3 - L~L X¥/~HOIH 31¥1S