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ST0003-ES070830 (12/31/2009) Ken Griffin - Re: Coppell Road Sidewalk EasementPage 1 From: Keith Marvin To:Bennett, Alex CC:Griffin, Ken Date: 8/30/2007 4:38 PM Subject: Re: Coppell Road Sidewalk Easement Attachments:Duke Easement.doc Alex, I've attached a Word document for the dedication instrument with the changes as I understand them. If it looks right to you, please substitute it for the one we mailed. Thanks, Keith Keith Marvin, P.E. Project Engineer (972) 304-3681 >>> "Alex Bennett" <Alex.Bennett@dukerealty.com> 8/30/2007 3:55 PM >>> Ken, The entity on the sidewalk easement document you sent over for Coppell Road should be Texas Dugan Limited Partnership rather than Duke Realty Corporation. Additionally I have attached the proper signature block for the aforementioned entity. If you can make those adjustments to the document and resend I'll get them executed. Let me know if you have any questions. Thanks Alex 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, , known herein as GRANTOR, in TEXAS DUGAN LIMITED PARTNERSHIP consideration of the sum of Ten and No/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 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 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 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 ____________________ , 20____. TEXAS DUGAN LIMITED PARTNERSHIP, a Delaware limited partnership By: DUGAN GENERAL PARTNER LLC, a Delaware limited liability company, its General Partner By: DUGAN TEXAS LLC, a Delaware limited liability company, its sole Member By: DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership, its Manager By: DUKE REALTY CORPORATION, an Indiana corporation, its General Partner By: Name: Its: GRANTOR STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the __________ day of ____________________, 20____, by _______________________________________________ . __________________________________________ Notary Public, State of Texas My Commission Expires: _________________________ __________________________________________ Type / Print Name of Notary