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ST9905-ES051018STATE OF TEXAS § COUNTY OF DALLAS § SANITARY SEWER EASEMENT IBIIIIBBIBIIIIll 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, la~g., known herein as GRANTOR, in consideration of the stun 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 flee and uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by Grantor (thc "Easement Strip") for the purpose of constructing and maintaining an underground sanitary sewer system across Grantor% main tract with the right and privilege at all times, of thc 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 / ,~ tt day of ,4/-?~'t~ ,2005. GRANTOR: JMC RESTAURANT DISTRIBUTION, INC. Name Title STATE OF TEXAS § COUNTY OF DALLAS § This instalment was acknowledged before me on the~-~tll ~["~ day of ~[tO~m of JMC RESTAURANT DISTRIBUTION,4tqC, a ~J(htDO~(~ , corporation, on behalf of said corporation. ANGLE ZIMMERMANN Not~' Public, S~te of Texas My Commission Expires A~OIII 22, 2007 Notary Publ[~ Staff Texas COF?ELL EXHIBIT "A" LEGAL DESCRIPTION FOR A 20 FOOT WIDE SANITARY SEWER EASEMENT BE1NG 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 ½ -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 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. o 5-~ ~o o /99[ 'Od ggO06 'IOA S~3NL~Vd OOOH ~J:U-IV~A FILED RND RECORDED October 18, 2OE5 11:4E:11 FIR FEE: $28.EE OFFZCZRL PUBLZC RECORDS Cyn[hi& FJguaroa Calhoun, County Clerk Dallao County TEXRS 20e503548433