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Chipotle & Mooyah-CS081117Page 1 of 1 DiVVanna Baskins -Sidewalk Easement From: Trade Shaw <tracie(c~yorkshire-realty.com> To: DiVVanna Baskins <Dbaskins(c~ci.coppell.tx.us> Date: 11/17/20081:06 PM Subject: Sidewalk Easement Attachments: VVS_BinaryComparison_Sidewalk-Sidewalk-l.doc; Sidewalk-l.doc Per Alen, attached please find a clean and redline version of the modified Sidewalk Easement. If you have any questions, please call. Thank you, Trade Shaw for Alen Hinckley ---------------------- ---------------------- Tracie K. Shaw Yorkshire West Realty Advisors, LP. (972)852-9214 DIRECT MAIN (972) 720-9300 FAX (972)991-7500 tracie@yorkshire-realty.com ----------------------- ----------------------- file://C:1Documents and SettingslradloolLocal SettingslTemplXPgrpwise149216C6ACity_... 9/17/2009 (9/1712009) DiWanna Baskins -Sidewalk-1.doc SIDEWALK EASEMENT STATE OF TEXAS § ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § 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, 104 S. DENTON TAP, LP successor in interest to Univest-Coppell Village, Inc., known herein as GRANTOR, in consideration of the sum of Ten and Nol 100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Coppell, Texas, ("GRANTEE"), receipt of which is hereby acknowledged, does by these present grant, bargain, sell and convey unto 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 a public or pedestrian right-of way sidewalk across GRANTOR'S tract with the right and privilege at all times of the surface use only (any mineral rights shall remain GRANTOR'S), 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 GRANTEE making additions to, improvements on and repairs to said sidewalk or any part thereof. Said Easement 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, such fences, buildings and other obstructions as may be found upon said property. After construction or future repairs by GRANTEE of the sidewalk 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. GRANTOR 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 sidewalk 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 for the purposes aforesaid, the premises above described. EXECUTED this day of , 200_. Page 1 (9/1712009) DiWanna Baskins -Sidewalk-1.doc GRANTOR STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 200_, by Notary Public, State of Texas My Commission Expires: day of Type /Print Name of Notary STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 200_, by Notary Public, State of Texas My Commission Expires: day of Page 2 Type /Print Name of Notary (9/1712009) DiWanna Baskins -Sidewalk-1.doc STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of 200_, by a of ,corporation, on behalf of said corporation. Notary Public, State of Texas My Commission Expires: Page 3 Type /Print Name of Notary