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ST9905-ES050725 T H £ · ¢ I T Y * 0 F CO-Fi'-Ei;L Steven A Chase JMC Restaurant Distribution, Inc 1080 W Bethel Rd Coppell TX 75019 July 25, 2005 RE: Bethel Road Reconstruction Project, ST 99-05 Sanitary Sewer Easement Dear Mr. Chase: This letter is to follow up on a letter sent to Mr. Robert Kulick by Keith Marvin on June 13, 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 $1.76 per square foot for the sanitary sewer easement. This letter constitutes an offer from the City of Coppell for the acquisition of the easements as follows: Acquisition of permanent w.a~ar,.-~e easement at $1.76/sq.ft. x 10,440.5 sq.ft. = $18,376.51 Construction is scheduled to start in the 4~h 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 offer is acceptable, please have Mr. Kulick sign below and return the letter to this office. Once the letter is received, the process for payment of the $18,376.51 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, t~ Kenneth M f~'/~E. Director of Engineering/Public Works Office 972/304-3686 Fax 972/304-7041 E-mail kgriffin@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~ t~., known herein as GRANTOR, in consideration of thc sum of Eighteen thousand, three hundred, seventy-six dollars and fifty-one cents ($18,376.51) 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 usc, liberty and privilege of passage in, along, upon and across the following described property owned by Grantor (the "Easement Strip") for thc purpose of constructing and maintaining an underground sanitary sewer system across Grantor's main tract with thc 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 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 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 reserves 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 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 -q(/- j,- ~Y- ,2005. GRANTOR: JMC RESTAURANT DISTRIBUTIO1N, INC. Name Title STATE OF TEXAS § COUNTY OF DALLAS § 2005, by of JMC RESTAURANT DISTRIBUTION,~-R~C, a ~)~I{~,B30~(~_~ , corporation, on behalf of said corporation. Nota~ Public, State of Texas Notary Publ~"~ Sta~')~f Texas COPPELL 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 L.D. 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 72 -inch iron rod at the northeast comer of CiCi's Addition No. 1, Lot I 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 POINT 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 522.09 feet parallel to said north line of said CiCi'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 522.02 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 Z~9L 'Od g~o06 *'IOA S~J3N/bl¥cl OOOH