USPS Public Utilities Easement-CN 2021-04-07ACCESS, SIDEWALK AND PUBLIC UTILITIES
EASEMENT
This ACCESS, SIDEWALK AND PUBLIC UTILITIES EASEMENT, (referred to herein as
"Access and Utility Easement"), granted this day of , 20 ,
by the United States Postal Service, an independent establishment of the executive branch
of the Government of the United States, 475 L'Enfant Plaza, SW, Room 6670, Washington,
DC 20260-1862, (the "Grantor" or "USPS"), to the City of Coppell, Texas, 265 E. Parkway
Blvd, Coppell, TX 75019 (the "Grantee" or "City"). The designations Grantor and USPS and
Grantee and City as used herein shall include said parties, their heirs, successors and assigns,
and shall include the singular, plural, masculine, feminine or neuter as required by context.
RECITALS
A. USPS is the owner of a tract of land and improvements in Dallas County,
Texas, located at 450 S Denton Tap Road in Coppell, TX 75019-9998, (the "USPS's
Parcel"), and legally described in Exhibit 1, attached hereto and incorporated herein, at
which USPS operates the Coppell Main Post Office
B. The City is preparing to undertake a project described as "City of Coppell
Intersection Improvements" under Project Number 063124032, hereinafter called the
"Project", which Project is described in the final design and construction plans dated
10/8/2020, ("Final Plans"), which are on file with the City, and are incorporated herein by
reference. An easement over a certain portion of USPS's Parcel, ("Easement Area"),
described and shown in Exhibit 2, attached hereto and incorporated herein, is reasonably
necessary for the following purposes, which collectively are designated and referenced
herein as "City of Coppell Improvements", which are described as follows:
Install, construct, and replace a sidewalk for use by the general public;
Public use, access, ingress and egress over and across, and for the
installation, construction, reconstruction, maintenance, repair, and
replacement of a sidewalk for use by the general public;
iii. Access, ingress and egress to, and for the installation, construction,
reconstruction, maintenance, repair, operation, and replacement of public
utilities, (which "Public Utilities" are defined and referenced herein as
electric power, telecommunications, natural gas, water, sanitary sewer,
and storm sewer), and supporting or ancillary structures; and,
iv. Access, ingress and egress to plant, maintain and remove vegetation.
C. USPS and the City set forth below their respective rights and obligations for said
Access and Utility Easement on USPS's Parcel.
For and in consideration of the mutual promises set forth herein and the sum of Seven
Thousand, Two Hundred and Sixteen Dollars and No/100 ($7,216.00), and other good and
valuable consideration, received in hand and acknowledged by the USPS, the USPS and
the City covenant and agree as follows:
AGREEMENTS
1. USPS hereby grants, declares, establishes and creates for the benefit of the City
a perpetual non-exclusive easement over, under, along, across, and through the Easement
Area, for the purpose of:
Installing, constructing, and replacing a sidewalk for use by the general
public;
Public use, access, ingress and egress over and across, and for the
installation, construction, reconstruction, maintenance, repair, and
replacement of a sidewalk for use by the general public;
iii. Access, ingress and egress to, and for the installation, construction,
reconstruction, maintenance, repair, operation, and replacement of Public
Utilities, and supporting or ancillary structures; and,
iv. Access, ingress and egress to plant, maintain and remove vegetation,
which are related and necessary to the completion of the Project, together
with the right and the obligation to maintain such the City Improvements
and Access.
2. All work performed by either the City or its contractors hereunder shall be
coordinated with the postmaster or installation head and performed in full compliance with all
applicable local, state or federal statutes, rules, regulations, orders, codes, directives, or
ordinances and any binding judicial or administrative interpretations thereof or requirements
thereunder and the City shall obtain all necessary local, state or federal permits, licenses and
approvals necessary for the conduct of such work. In addition, for all cure and maintenance
related activities, the locations of relocated fixtures, materials used and work to be performed
within the Easement Area must be approved by USPS.
3. The City shall require that its contractors, at their sole cost and expense, shall
maintain and keep in effect during any and all construction or work activities within the
Easement Area insurance against claims for personal injury (including death) or property
damage, under a policy of comprehensive general public liability insurance, with such limits
(through basic coverage plus umbrella coverage) as may be reasonably requested by USPS
from time to time, but not less than $1,000,000 in respect of bodily injury (including death) and
property damage, which amounts shall be adjusted upon reasonable request of USPS from time
to time to amounts which are normal and customary for similar operations. Such policies of
insurance shall name USPS as an additional insured. The policy shall provide that it shall not
be cancelable nor may it expire without at least thirty (30) days' prior written notice to USPS.
Prior to the commencement of the construction under the Access and Utility Easement, there
shall be delivered to USPS a certificate of the insurance carrier certifying that the policy so
delivered has been issued and is in effect and the duration thereof. At least thirty (30) days
before any policy shall expire (10 days for non-payment of premium), the City shall deliver to
USPS a replacement certificate, and at least twenty (20) days prior to the date that the premium
on any policy shall become due and payable, USPS shall be furnished with satisfactory
evidence of its payment.
4. During any and all period(s) of its construction, maintenance and repair of the
City Improvements and Access for the Project activities, the City shall be responsible for
maintenance and repair of the Easement Area, which shall include but not be limited to snow
and ice removal, landscaping, grading, and paving. In addition, the City shall be
responsible for the City's equipment and facilities, and any and all costs related thereto.
Also, the City shall restore any area outside the Easement Area within USPS's Parcel
which is disturbed or damaged by the City or its agents, servants, employees, invitees, or
contractors, including, without limitation, restoration of all landscaping, sidewalks, and driveways
with like kind or better materials and products. In the event the City fails in its responsibilities
herein, upon reasonable notice and opportunity to cure to the City, USPS shall have the
right to perform such maintenance, repair and restoration and shall be entitled to recover its
costs from the City.
5. The City, by acceptance of this Access and Utility Easement, agrees for and on
behalf of itself, its agents, servants, employees, invitees, and contractors who may at anytime
use, occupy, visit, or maintain said Easement Area that USPS shall not be responsible for
damage or loss to property, injuries, or death, which may arise from or be incident to the use
and occupation of the Easement Area as granted herein to the City, its agents, servants,
employees, invitees, and contractors.
6. The City, by acceptance of this Access and Utility Easement, agrees to
indemnify and hold the USPS harmless against any and all claims, demands, damages, costs,
expenses, and legal fees for any loss, injury, death, or damage to persons or property which at
any time is suffered or sustained by USPS, its employees, the public, or by any person
whosoever may at any time be using, occupying, visiting, or maintaining the property that is the
subject of said Access and Utility Easement, or be on or about the property that is the subject of
said Access and Utility Easement, when such loss, injury, death, or damage is asserted to have
been caused by any negligent act or omission or intentional misconduct of the City or its
agents, servants, employees, invitees, or contractors, or by the breach of this Access and Utility
Easement by The City or its agents, servants, employees, invitees, or contractors. In case of
any action or proceeding brought against the USPS, by reason of such a claim, upon notice
from the USPS, the City shall cover the cost to defend such action or proceeding. The USPS
shall not be liable and the City waives and releases the USPS from all claims for damage to
persons or property sustained by the City or its employees, agents, servants, invitees,
contractors, or customers resulting by reason of the use of this Access and Utility Easement.
7. USPS reserves the right to use the Easement Area for any purpose not
inconsistent with the rights herein granted. During any and all period(s) of its construction,
maintenance and repair of the City Improvements and Access for the Project activities, the
City agrees to provide the USPS, its employees, customers, and the public with continual
and uninterrupted access to all driveways to the Coppell Main Post Office. Further, the City
agrees that during any such period(s), USPS's operations shall not be interrupted, disrupted or
otherwise impeded as a result of such activities. In the event USPS, its employees,
customers, or the public are not provided with continual and uninterrupted access to the
Coppell Main Post Office, or in the event USPS's operations are interrupted, disrupted or
otherwise impeded, the City shall be in breach of this Access and Utility Easement. In the
event of such a breach, USPS shall notify the City in writing of the precise nature of the
breach; email notice to the City is specifically allowed. the City shall remedy such breach
within three (3) hours of its receipt of USPS's written notice. In the event the City fails to
remedy such breach, the USPS has the option of terminating this Access and Utility
Easement by providing written notice to the City that the Access and Utility Easement is
terminated and recording a discharge of the Access and Utility Easement in the property
records of Dallas County, in which event the City shall restore the Easement Area to its
previous condition at no cost to the USPS. If the Access and Utility Easement is terminated in
accordance herewith, the City agrees that it will execute any discharge, affidavit or other
agreement required to remove the Access and Utility Easement as an encumbrance on USPS's
Parcel.
8. Notice: Prior to performing any activity within the Easement Area, the City shall
provide USPS with at least 48 hours prior notice before entering the Easement Area. For
purposes of notices set forth herein, addresses are:
Grantee: The City of Coppell USPS: USPS HQ
Attention: Engineering Department Attention: Easement and Right of Way
265 E Parkway Blvd. Specialist
Coppell, TX 75019 475 L'Enfant Plaza, SW, Room 6670
Washington, DC 20260-1862
With a Copy To: Coppell Main Post Office
Attention: Postmaster
450 S Denton Tap Rd.
Coppell, TX 75019-9998
9. In the event the City fails to exercise the rights and privileges herein granted for a
period of one year following execution, then USPS shall have the right to terminate the Access
and Utility Easement, in which event all such rights and privileges shall cease and the Access
and Utility Easement herein granted shall revert to USPS.
10. Any claim, controversy or dispute arising out of this Access and Utility Easement
shall be governed by applicable federal law.
11. USPS does not warrant that the Easement Area is suitable for the purposes set
forth herein and the City hereby waives any express or implied warranty on the part of USPS.
USPS has no knowledge of subsurface conditions and makes no representations as to soil
types, existence of underground utilities, or any other latent conditions that may impact the City
's use and enjoyment of said Access and Utility Easement.
12. This Access and Utility Easement is granted subject to any and all restrictions,
covenants, other easements, encumbrances, liens of any kind, leases, and interests of others,
including rights-of-way for roads, pipelines, railroads, and public utilities, whether or not matters
of public record.
13. The City is not permitted to discharge storm water runoff within the Access and
Utility Easement Area or USPS's Parcel generally. Such prohibition shall include, but not be
limited to, discharging silt, hazardous materials or other environmental contaminants within the
Easement Area or USPS's Parcel generally. Further, the City shall comply with all
environmental laws when performing any activity within the Easement Area or USPS's Parcel
generally. In the event that any hazardous materials or other environmental contaminates are
discharged by the City , its employees, agents, contractors or invitees, the City shall be solely
responsible for the cost of any remediation or clean up required by applicable law or regulations
and shall indemnify and hold the USPS, its successors, and assigns harmless against any and
all claims, demands, damages, costs, expenses, and legal fees incurred by USPS in connection
with or related to any such discharge, remediation or clean up.
IN WITNESS WHEREOF, the parties hereto have executed this Access and Utility
Easement of the day and year first above written.
Signature and Notary Pages to Follow
Grantor:
United States Postal Service
Its: Contracting Officer
STATE OF NORTH CAROLINA )
) ss
COUNTY OF GUILFORD )
On this day of 20_, personally appeared before me,
Contracting Officer who being by me duly sworn, did say that he/she represents the United States
Postal Service, and acknowledged to me that, acting under a delegation of authority duly given and
evidenced by law and presently in effect, he/she executed said instrument as the act and deed of the
United States Postal Service for the purposes therein mentioned.
SEAL
My commission expires:
NOTARY PUBLIC
Grantee:
The City Of oppell
By:
Its:
STATE OF I eV-CA,4\ )
COUNTY OFA aS ss
)
On this eday ofApfitk,20 21 , personally appeared before me,
MA1hIL 1_dX , who being by me duly sworn, did say that he/she represents,
and acknowledged to me that, acting under a delegation of authority duly given and evidenced
by law and presently in effect, he/she executed said instrument as the act and deed of the City
of Coppell, Texas for the purposes therein mentioned.
% \%,,Vp , 4"i ASHLEY M. OWENS
. ,z Notary Public, State of Texas
+� Comm. Expires 02-24-2023
�'',-,,Of Notary ID 13011
nomm
SEAL
My commission expires
(-' ? �J �) 79s/z e �/ T/d
WARRANTY DEED
k
STATE: OF TEXAS 5
S KN(W) Ai.r, 4PN BY 'Ts• P9F PRFgF;NT5:
COUNTY OF DALLAS i
That LOUIS T. CRUMP and ;wife, BETTY J. CRUMP, Grantors,
of 102 Meadowcreek, Suite 101, Coppe 1 1, Texas 75019, in con-
sideration of tho sum of ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS ($1,500,000.00) cash in hand paid by the UNITED STATES
POSTAL SERVICE, Grantee, with mailing address of P. O. Box
667160 Dallas, Texas 15266-7160, the receipt of which payment
is hereby acknowledged, grant, sell, and convey unto the UNITED
STATES POSTAL SERVICE the Eollowinq described real estate
together with all improvements thereon, to -wits
A tract of 4.600 acres or 200,388 square Feet of land
In the Edward A. Crow Survey, Abstract No. 301, City of
Coppell, Dallas County, Texas, and being more particularly
described by metes and bounds in Exhibit "A" attached.
TO HAVE AND TO 11OLD the above described premises, together
with all and singular the rights, appurtenances and heredita-
ments thereto in anywise belonging unto the said Grantee, its
successors and assigns, forever, together with all right,
title and interest of the Grantors in and to any alleys, ways,
roads, gores, streets, streams, strips and railroad or other
rights-of-way abutting or adjoining said land.
Grantors bind themselves, their heirs and assiqns to
warrant and forever defend all and singular the above premises
unto the said Grantee, its successors and assigns, against
every person whomsoever lawfully claiminq or to claire the same,
or any hart thereof.
36070, 1 1 i�9
After recording, this deed should be mailed to The United
States Postal Service at the address hereinbefore given.
WITNESS our hands on this 4th day of April, 1986.
LOUIS T. RUMP
BETTYAVCRUMP
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the
7
day of April, 1986 by LOUIS T. CRUMP.
My commission expires:
a�sas�er600(Typed )
'Pi; E; IXINotary Public in and for
. .�u,.a„oac 5uaar.,a The State of Texas
7 30 as
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 1-r-�'_
day of April, 1986 by BETTY 3, CRUMP,
My commission expires:
�coocooac (Typed)
Fi.
►Notary Public i and for
gi,.,H
The State of Texas
Grw+� �rn 7 90 U
- 2 -
36070 1150
EXHIBIT "A"
LEGAL DESCRIPTION
BEIUG a tract of land situated in the Edward A. Crow Survey, Abstract
No. 301, City of Coppell, Dallas County. Texas, and being aor* particularly
described by metes and bounds as follows:
BEGINNING at the intersection of the East line of Denton Tap Road, (a 100
M
6 R -0 -Me Vith the South line of Bethel School Road. (a 60 foot R. o. u. ),
a brass pin set in concrete for corner.
THENCE South 89degrees 51minutes 55seconds East with the South line of
Bethel School Road, a distance of 410.57 fest to the Northwest corner of
Sixth Section North Lake Woodlands Addition, an Addition to the City of
Coppell, recorded in Volume 79119, Page 1897 of the lisp R*cords of Dallas
County, Texas, a brass pin set in concrete for corner.
THENCE South 00degrees 23minutes 07seconds Cast with the West line of Sixth
Section North lake Woodlands Addition, a distance of 497.22 feet, a brass
Pin set in concrete for corner;
THENCE North 89degrees 67minutes 12seconds Kest, a distance of 399.73 feet
to a point in the East line of Denton Tap Road, a brass pin set in concrete
for corner;
THENCE Horth 00degrees 30minutes West with the East line of Denton Tap Road,
a. distance of 140.54 feet to the beginning of a curve to the left, having a
central angle of 02degrees 22minutes 07seconds, a radius of 5,779.58 feet,
a brass pin set in concrete for Corner;
THENCE, Northerly with said curve to the left, same being with the said
East line of Denton Tap Road, an arc distance of 238.93 feet to the end
of said curve, a brass pin set in concrete for corner;
THENCE North 02degrees 52minutes Nest, with the said East line of Denton
Tap Road, a distance of 118.65 feet to the PLACE OF BEGINNING, containing
4.600 Acres or 200,388 Square Feet of land more or less.
36070 1 15 1
ZS I I
IQg6 APR 10 f:kl 9 28
STATE OF TIM COUNTY OF DALLAS
I hemby cerhty that this msUumerd ryas Wed on the
data and Ume sbmped hereon by me aed was duly ro-
comed M the rotume and page of the named records
of Datbs County, Teus as stamped hereon by me.
APR 10 1966
WM ty CLUX, Oallaa County. Tows
me
4/111 ,
LEGAL DESCRIPTION
SIDEWALK & UTILITY EASEMENT
BEING a 1,804 square foot (0.0414 acre) tract of land situated in the Edward A. Crow Survey, Abstract No. 301, City
of Coppell, Dallas County, Texas; said tract being part of Lot 1, Block A, United States Postal Service Coppell
Addition, an addition to the City of Coppell according to the plat recorded in Volume 86222, Page 2216 of the Deed
Records of Dallas County, Texas; said tract being more particularly described as follows:
BEGINNING at a point at the intersection of the east right-of-way line of Denton Tap Road (a 110 -foot wide
right-of-way) and the south right-of-way line of Bethel School Road (a variable width right-of-way)
THENCE North 89058'47" East, along the said south line of Bethel School Road, a distance of 40.00 feet to a point
for corner;
THENCE South 43°29'34" West, departing the said south line of Bethel School Road, a distance of 48.19 feet to a
point for corner; from said point a 1/2 -inch iron rod found for the southeast corner of said Lot 1 bears South 40°44'53"
East, a distance of 609.99 feet;
THENCE South 259'39" East, a distance of 82.87 feet to a point at the beginning of a tangent curve to the right
having a central angle of 0°56'43", a radius of 5794.58 feet, a chord bearing and distance of South 2031'17" East,
95.60 feet;
THENCE in a southeasterly direction, with said curve to the right, an arc distance of 95.60 feet to a point for corner;
THENCE South 3°50'39" West, a distance of 50.85 feet to a point at the beginning of a non -tangent curve to the left
having a central angle of 1'26'45", a radius of 5789.58 feet, a chord bearing and distance of North 2°16'16" West,
146.10 feet; said point being in the said east line of Denton Tap Road;
THENCE in a northwesterly direction, along the said east line of Denton Tap Road and with said curve to the left, an
are distance of 146.10 feet to a point for corner;
THENCE North 2°59'39" West, continuing along the said east line of Denton Tap Road, a distance of 118.13 feet to
the POINT OF BEGINNING and containing 1,804 square feet or 0.0414 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202) with an applied
combined scale factor of 1.000136506. A survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement tract.
^MICHAEL C. BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.com
SIDEWALK & UTILITY EASEMENT
PART OF LOT 1, BLOCK A
UNITED STATES POSTAL SERVICE
COPPELL ADDITION,
EDWARD A. CROW SURVEY,
ABSTRACT NO. 301
CITY OF COPPELL
DALLAS COUNTY, TEXAS
N:7036560.38'
E:2430920.71'
SIDEWALK & UTILITY
EASEMENT
0.0414 ACRES
1,804 SQ. FT.
W
NOTES
Ln
2
BETHEL SCHOOL ROAD
(A VARIABLE WIDTH RIGHT-OF-WAY)
L1
rN:7036560.39' 360.55'
E:2430960.71' LOT 1, BLOCK A
UNITED STATES POSTAL SERVICE
VVIRFAT COPPELL ADDITION
_ THE SOUTHEAST (VOL. 86222, PG. 2216)
CORNER OF LOT 1 BEARS
S40°44'53"E, 609.99' (C.M.)
M
W
00 M
O 7- O
CO O O
� . Lo (3) Lo
M CV 0-) t"- o
II U) II LO O
U Iml Jed
U
d'
J
L=93.04'
LINE TABLE
NO.
BEARING
LENGTH
L1
N89°58'47"E
40.00'
L2
S43°29'34'W
48.19'
L3
S02°59'39"E
82.87'
L4
S03°50'39'W
50.85'
L5
NO2°59'39'W
118.13'
LEGEND
P.O.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
IRF = IRON ROD FOUND
(C.M.) = CONTROLLING MONUMENT
-� y
NORTH
0 25 50
GRAPHIC SCALE IN FEET
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202) with
an applied combined scale factor of 1.000136506. A metes & bounds description of even survey date herewith
accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor,
hereby certifies that this plat of survey accurately
sets out the metes and bounds of the easement tract.
/o% /9 0
ICHAEL C. ZBILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558 E
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.com
GSLEY. MICHAEL 10/812020 10:18 AM K:\FTW SURVEY\063124032-COPPELL 2019
ECTIO
SIDEWALK & UTILITY EASEMENT
PART OF LOT 1, BLOCK A
UNITED STATES POSTAL SERVICE
COPPELL ADDITION,
EDWARD A. CROW SURVEY,
ABSTRACT NO. 301
CITY OF COPPELL
DALLAS COUNTY, TEXAS