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Coppell South Sub-ES060410Apr-10-2006 08 43am From-TXU ELECTRIC DELIVERY -LINCOLN PLAZA 14 2144862461 T-823 P 002/005 F-886 ~0 3400 District.' WA/Proj. ' 27685 ~ 6 Map Ref ER - EASEMENT AND RIGHT OF WAY THE STATE OF TEXAS § - ------- - --- § KNOW ALL-MEN BY THESE PRESENTS: COUNTY OF DALLAS § That TEXAS STOCK TAB, INC., a corporation, hereinafter called "Grantor,"whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by TXU ELECTRIC DELIVERY COMPANY, a Texas corporation, 1601 Bryan Street, Dallas, Texas 75201-3411, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-of--way for underground electric supply and communications lines, consisting of a variable nurnberof wires and cables, surface mounted equipment, conduits, manholes, vaults, transformers, switches, protection, sectionalizing devices and all necessary or desirable appurtenances over, under, across and upon Grantor's land described as follows. SEE EXHIBIT °A° (ATTACHED) Grantor recognizes that the general course of said fines, or fihe metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right-of-way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right-of--way and over and across Grantors adjoining properties for the purpose of and with the right to construct, maintain, operate, remove and reconstruct said lines; the right to re{ovate along the same general direction of said lines; the right to relocate said lines in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said lines; the right to prevent excavation within the easement; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, andlor convenient operation of said lines and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interterence with the operation of said lines or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land within the easement area as described above without prior written consent of Grantee Apr-10-2006 08 d3am From-TXU ELECTRIC DELIUERY -LINCOLN PLAZA 14 2144862461 T-BZ3 P 003/005 F-686 - Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent wi#h Grantee's use of such property, provided such use shall not, in the sole judgement of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that event said easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns. And it does hereby bind itself, its successors, legal representatives and~assigns, to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof EXECUTED this ~ ~ ~ day of ~~C.~-'r~'-~%~ , 200~i TEXAS STOCK TAB, INC., a torpor tion By. Pre ' nt STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, a undersigned authority, on this day personalty appeared ~~.. ~' S I~ ~ (~ ~©Yo ~ u s ~ S ~ ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of Texas Stock Tab, Inc., a corporation as the President thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFI E this ~ ~ ~ day of ~G~-~1(~ G-l.~ A. D.2001~ (Print Name of Notary P My ommissivn Expires: a'a:~~'~y TAMARA KAY LtSBY /~ ~~'!. ~~~,~'~' Notary Public, State of Texaa q/~ 2~v ~ ~,;:, ..~ My Commission Fa~pkem ~~"" `' ~/ _~~' ~ ~~'`~ March 16, 2009 Apr-10-2006 08 43am From-TXU ELECTRIC DELIVERY -LINCOLN PLAZA 14 2144862461 T-823 P 004/005 F-886 EXHIBIT "A" Lying and situated m the Clty of Coppell, Dallas County, Texas, the James A. Simmons Survey, Abstract No 1296 and being part of that certain tract of land called 3.555 acres in a Deed to Texas Stock Tab, Inc., a corporation, recorded in Volume 79166, page 0012, Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found at the intersection of the east right of way line of Freeport Parkway with a south right of way line of a railroad right of way line for the northwest corner of the above mentioned tract and being 645 19 feet, S 87° 24' 00" W along said railroad right of way line from a 1/2-Inch iron rod found; Thence S OS° 53' 15" W, along the east right of way fine of Freeport Parkway, 246 45 feet to the beginning of a curve to the left having a radius of 2800 64, a central angle of 00° 26' 07", and a chord that bears S 08° 40' 11" W, 21.27 feet; Thence in a southerly direction with said curve an arc distance of 21 77 feet to the POINT OF BEGINNING, THENCE S 35° 27' 02" E, departing said right of way Ime, 44.44 feet to a point on the north nght of way line of Southwestern Boulevard, THENCE S 87° 24' 00" W, along said north right bf way line, X3.81 feet; THENCE. N 35° 27' 02" W, departing said north line, 10 53feet to a point on the east right of way line of Freeport Parkway; THENCE in a northerly direction with a curve to the right, along said east line, having a radius of 2800 64 feet, a central angle of 00° 35' 36°, and a chord that bears N 08° 09' 20" E, 29 DO fleet, an arc distance of 29.00 feet to the Point of Beginning and containing 550 40 square feet of land, more or less. wR~nsast s Page 1 of 2 Apr-10-2006 OB 43am From-TXU ELECTRIC DELIVERY -LINCOLN PLAZA 14 2144862461 T-823 P 005/005 F-886 BEARING BASIS THE NORTH LINE OF THE TRACT DESCRIBED IN A DEED TO TEXAS STOCK TAB, INC RECORDED IN VOL. 79166, PG 0012 DEED RECORDS OF DALLAS COUNTY, TEXAS. JAS. A. SiMM~NS SURUEY ABSTRACT N0. 1296 POINT OF ' COMMENCING R = 2900.64' ~= 00'26'07" L = 2,.27' CH = 21.27 ce=sos-4o'i1"w R = 2800.64' ~ = 00'35'36" ~ L = 29.00' CH 29.00' CB = N 08'09'20' E a !~ 0 W W SCALE: 1' = 100' 100' RAILROAD RIGHT OF WAY 645.19' 1/2" IRON ROD FOUND - S 87'24'00" W 1 2" IRON ROD FOUND .r N M `~ POINT OF ~I BEGINNING ~~~ T2 "X" IN CONCRETE FOUND `,0 423a 3 +~ s ~~ ~~~f KNOW ALL MEN BY THESE PRESENTS: TEXAS STOCK TAB, INC, VOL. 79166, PG. 0012 s x7.25'04" w THAT 1 WILLIAM 5. WARD, REGISTERED PROFESSIONAL LAND SURVEYOR DO HEREBY DECLARE THAT THIS PLAT IS THE RESULT OF A SURVEY MADE ON THE GROUND UNDER MY PERSONAL SUPERVISION ON NOVEMBER 18, 2005 AND ALL DIMENSIONS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SOUTHWESTERN BLVD. TANGENT ElEARING LENGTH T1 S 35'27'02" E 44.44' T2 S 87'24'00" W 23.81' T3 N 35'27'02" W 10.53' EXHIBIT "A" TXU ELECTRIC DELIVERY CO. EASEMENT PAGE 2 OF 2