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ST9905-ES031125HP LaserJet City of Coppell 972 $04 7041 Nov-25-2003 3:13PN Fax Call Report 3330 invent Job Date Ti me Type 176 11/25/2003 3:12:35PM Send Identi fi cati on Durati on Pages Result 214,965,0010 0:57 2 OK ENGINEERING DEPARTMENT FAX COVER SHEET TEMPORARY CONSTRUCTION EASEMENT ST 99-05 Bethel Road 1 Parcel 12E 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 "temporary easement strip") for the purpose of constructing/reconstructing a public street and/or drainage facilities and utilities, together with all necessary appurtenances thereto which are located within the permanent right-of-way of Bethel Road, with the right and privilege during the construction period, 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 improvements within the fight-of-way. Said temporary easement strip being described in Exhibits "A" and "B" (Parcel 12E) attached hereto; and made a part hereof for all purposes. 1 harmless, defend, and indemnify GRANTOR against any suits, ' GRANTEE shall hold iabilities, claims, demands, or damages, including but not limited to personal injuries and attorneys' fees, arising from GRANTEE'S exercise of easement rights granted by this instrument. 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 public street 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 ,2003. GRANTOR