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CiCi's Addition-CS050613T H E C I T Y O F COP?ELL June 13, 2005 Robert Kulick JMC Restaurant Distribution, Inc. 1080 W Bethel Rd Coppell TX 75019 Bethel Road Reconstruction Project, ST 99-05 Sanitary Sewer Easement Dear Mr. Kulick: This letter is to follow up on a letter sent to you by Keith Marvin on January 21, 2005, and subsequent conversations in which the dedication of a sanitary sewer easement across property owned by JMC Restaurant Distribution, Inc. was discussed. This easement would have limited impact on the development of your property due to the required setbacks, landscape areas, and fire lanes that would prevent you from building structures within the area proposed as easement anyway. The only surface features associated with this construction would be manhole covers, which could be adjusted to grade within any future paved areas. The City of Coppell is offering $1.25 per square foot for the sanitary sewer easement. Permanent utility easements are usually acquired at one-half of the land value as shown in the Dallas Central Appraisal District. This letter constitutes an offer from the C~ty of Coppell for the acquisition of the easement as follows: Acquisition of permanent sewer line easement at $1.25/sq. ft. x 10,441.2 sq. fl. = $13,051.50 Construction of the project is scheduled to start in the 4th quarter of 2005 and we need to acquire the necessary easement as soon as possible. Enclosed is a copy of the easement documents. If the above off'er is acceptable, please sign below and return to this office. Once the letter is received, the process for pa)ment of the S13,051.50 can start. When the check is ready, we can arrange a mutually agreeable method to exchange the documents and the check. Your consideration of this matter is appreciated and should you have any questions, please contact myself or Keith Marvin at 972-304-7044. Sincerely, Kenneth M. Griffin, P.E. Director of Engineering/Public Works Office 972/304-3686 Fax 972/304-7041 E-mail k~riffin~ci.coppell.tx.us Mr. Robert Kulick SANITARY SEWER 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, JMC RESTAURANT DISTRIBUTION~ 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 "Easement Strip") for the purpose of constructing and maintaining an underground sanitary sewer system across 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 Easement Strip for the purpose of making additions to, improvements on and repairs to said sanitary sewer system or any part thereof. Said Easemeot 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 Easement Strip, such fences, buildings and other obstructions as may be found upon said property. After construction of the underground sanitary sewer system has been completed or after any entry for repairs or maintenance, GRANTEE shall, except for removed obstructions, return the surface area of the Easement Strip to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTOR reserve the right to use and maintain the surface of the Easement Strip for purposes which will not interfere with GRANTEES rights hereby granted and agree that upon completion of the underground facility and restoration of the surface, GRANTEE shall not be obligated for futura 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 ,2005. GRANTOR: JMC RESTAURANT DISTRIBUTION, INC. Name Title STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 2005, by ., of JMC RESTAURANT DISTRIBUTION, INC, a behalf of said corporation. _ day of , corporation, on Notary Public, State of Texas COFFELL Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION FOR A 20 FOOT WIDE SANITARY SEWER EASEMENT BEING a 0.2397 acre tract of land in the City of Coppell, Dallas County, Texas, and being situated in the William K Payne Survey, Abstract Number 1140, and the LD. Thweatt Survey, Abstract Number 1753, and being a part of a 5.285 acre tract of land described in deed as CiCi's Addition No. 1, Lot 1 Block 1, and recorded in Volume 99124, Page 00170, Deed Records of Dallas County, Texas, (D R.D.C. T ), and being more particularly described as follows: COMMENCING at a ~A -inch iron rod at the northeast comer of CiCi's Addition No. 1, Lot 1 Block 1, as recorded in Volume 99124, Page 00170, D.R.D.C.T., said iron rod being located at the intersection of the north and east lines of said CiCi's Addition. THENCE South 00 degrees 16 minutes 41 seconds East, a distance of 10.00 feet along the said east line of said CiCi's Addition to the PO1NT OF BEGINNING THENCE South 00 degrees 16 minutes 41 seconds East, a distance of 20.00 feet along the said east line of said CiCi's Addition THENCE North 89 degrees 32 minutes 04 seconds West, departing said east line of said CiCi's Addition, a distance of 52209 feet parallel to said north line of said C'C' s Addition THENCE North 00 degrees 04 minutes 59 seconds West, a distance of 20.00 feet along the west line of said CiCi's Addition THENCE South 89 degrees 32 minutes 04 seconds East, departing said west line of said CiCi's Addition, a distance of 52202 feet parallel to said north line of said CiCi's Addition to the Point of Beginning and containing 10,441.2 square feet or 0.2397 acres of land, more or less. Basis of Bearing is the north line of said 5.285 acre tract of land, CiCi's Addition No. 1, Lot 1 Block 1, described in Volume 99124, Page 00170, D.R.D.C.T. 0 'Od ~9006 'qOA S83NI~¥d OgOH ~31q¥~