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Walgreens/FP-ES 970416STATE OF TEXAS § COUNTY OF DALLAS § DRAINAGE EASEMENT 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 94 PARKWAY LIMITED PARTNERSHIP, known herein as GRANTOR, in consideration of the sum of One and no/100 Dollars ($1.00) 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") for the purpose of constructing drainage improvements 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 premises (the "easement") for the purpose of making additions to, improvements on and repairs to said drainage improvements or any part thereof. Said easement being described in Exhibit "A" attached hereto and made a part hereof for all purposes. In the event that an alternate easement is dedicated by a plat, and alternate infrastructure facilities are provided which are acceptable to the City of Coppell, the City agrees, that by accepting this easement and upon approval by the City Council, to abandon all right, title, and interest of the City of Coppell, Texas, in and to the easement provided herein, or any portion thereof, and to quitclaim such right, title and interest to the abutting property o~vner(s) in accordance with its (their) respective interest(s). That in consideration of the benefits above set out, GRANTEE will remove from the easement, such fences, buildings and other obstructions as may be found upon said property. After construction of the drainage improvements has been completed, GRANTEE shall, except for removed obstructions, return the surface area of the easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTORS reserve the right to use and maintain the surface of the easement for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the drainage improvements 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 the purposes aforesaid, the premises above described. EXECUTED this day of ,1997. Sandford Investment Company, Inc. W.R. Sandford, President GRANTOR file/e~mt.draing STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned, a Notary Public in and for said State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,1997. Notary Public in and for the State of Texas file/surveyc.notry EXHIBIT "A' DRAINAGE EASEMENT BEING a 7.50 foot wide strip of land situated in the S.A. & M.G.R.R. Survey, Abstract No. 1430 in the City of Coppell, Dallas County, Texas and being part of a tract of land as described in a deed from Good Financial Corporation to M. Douglas Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a point that is the southwest comer of the All Care Veterinary Hospital, an addition to the City of Coppell as recorded in Volume 97045, Page 2835 of the Deed Records of Dallas County, Texas, said point also being S. 88059'59" W., 310.00 feet from the west line of Denton Tap Road (a 100 foot right-of-way); THENCE S. 01°00'01'' E., 22.23 feet to a point for comer; THENCE S. 88059'59" W., 10.00 feet to a point for comer; THENCE N. 01°00'01'' W., 71.04 feet to a point for comer; THENCE N. 67°24'35" E., 10.76 feet to a point for comer, said point being the northwest comer of the said All Care Veterinary Hospital tract; THENCE S. 01°00'01'' E., 52.77 feet along the west line of the said All Care Veterinary Hospital tract to the Point of Beginning and containing 730 square feet of land. Q. o~° CARE VETERINARY HOSPITAL VOL. 97045 , PG. 2835 s. 8~:sg' ~9,,w. / ~POINT OF BEGINNING 3 I0. 00' PROPOSED WALGREENS SITE EX,HIBIT I0.00' DRAINAGE WIDE EASEMENT S.A. 8, CITY OF COPPELL M.G.R.R. SURVEY , ABSTRACT NO. DALLAS COUNTY , TEXAS 1430 0 ri,- Z 0 F- Z LI.I DOWDEY, ANDERSON & ASSOCIATES, INC. 16250 DALLAS PARKWAY SUITE I00 (214) 931-0694 DALLAS , TEXAS 75248 Scala - 20 Job No. Data 4-8-97 ] 97-009