ST16-01A-ES220215Sidewalk Easement
AFTER RECORDING RETURN
TO: City of Coppell
Attn: City Secretary
255 E. Parkway Blvd.
Coppell, Texas 75019
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
CITY OF COPPELL
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, ORANGE CYPRESS WATERS, LLC, known herein as GRANTOR, in
consideration of the sum of Ten and no/100 Dollars ($10.00) 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
non-exclusive easement (the “Easement”) for the free and uninterrupted use, liberty and privilege of
passage in, along, upon and across the following described property owned by GRANTOR 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 the Easement Area
(as defined below) for the purpose of making additions to, improvements on and repairs to said
sidewalk or any part thereof.
Said Easement being described in Exhibit "A" attached hereto and made a part hereof for all
purposes. Property description being 338 square foot (0.0078 acre) tract of land situated in the John
L. Whitman Survey, Abstract No. 1521, City of Irving, Dallas County, Texas; said tract being part of
Lot 1, Block A, Cypress Waters Commercial Addition, Phase 2, 3rd Installment, an addition to the
City of Irving, Texas (the “Easement Area”).
The Easement described herein shall accommodate the design, construction and maintenance
of surface improvements of a public pedestrian sidewalk and non-motorized bicycle traffic.
That in consideration of the benefits above set out, GRANTEE will remove from the
Easement Area, such fences, buildings and other obstructions as may be found upon said property.
Sidewalk Easement
After construction of the sidewalk have been completed, GRANTEE shall, except for removed
obstructions, return the surface area of the Easement Area to its original condition as nearly as
practical taking into consideration the nature of the work being performed, which restoration shall
include, without limitation, the removal of all equipment, vehicles, materials, fills, components, and
any temporary fencing around the Easement Area. GRANTORS reserve the right to use and maintain
the surface of the Easement Area 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 of the Easement Area, GRANTEE shall not be obligated for future maintenance and upkeep
of the surface area.
Grantee will not construct or maintain any walls, fences, barriers, buildings or structures of
any nature on the Easement Area or any portion thereof. In no event shall Grantee or any of its
employees, agents, representatives, contractors, subcontractors, consultants or invitees, bring or store
any hazardous materials, construction debris or any other materials on the Easement Area or any
portion thereof.
Grantor, Grantor’s tenant and their respective successors, assigns, employees, contractors,
subcontractors, and invitees, shall have the right to make any use of the Easement Area, whether on,
above or below its surface, for any lawful purpose, except that any structure or use shall not interfere
in any manner with Grantee’s exercise of its easement rights hereunder.
Grantee shall provide [Grantor and Grantor’s tenant] [CVS] with not less than five (5)
business days’ prior written notice of the commencement of Grantee’s work at the following address:
Grantor:
Orange Cypress Waters, LLC
c/o Orange Development
147 Resource Center Parkway, Suite 102
Birmingham, AL 35242
Attn: Don Fizer
With copy to:
Gentry, Tipton & McLemore, P.C.
900 S. Gay Street, Suite 2300
Knoxville, TN 37902
Attn: Greg D. Meadows, Esq.
Grantor’s Tenant:
CVS Pharmacy, Inc.
c/o CVS Health Corporation
One CVS Drive
Woonsocket, RI 02895
Attention: Property Administration, CVS Store No. 11389
Sidewalk Easement
In performing the work within the Easement Area, Grantee shall not (i) cause any disruption
to the business operations being conducted on Grantor’s property located adjacent to the Easement
Area (“Grantor’s Property”); (ii) cause interference with vehicular and pedestrian ingress, egress and
access to and from Grantor’s Property and/or with the use of any drive-through facilities located on
Grantor’s Property; (iii) cause interference with truck access and/or deliveries to Grantor’s Property;
or (iv) cause interruption of any utilities which service Grantor’s Property. Grantee further agrees
that it shall not park equipment, vehicles or trucks on Grantor’s Property or within the Easement Area.
Grantee acknowledges and agrees that Grantee and its employees, agents, contractors,
subcontractors, engineers, representatives, consultants or any other party for whom Grantee is
responsible will exercise its rights under this easement at Grantee’s risk. Grantor assumes no risk,
liability, responsibility or duty of care as to Grantee, its employees, agents, contractors,
subcontractors, engineers, representatives, consultants or any other party for whom Grantee is
responsible hereunder.
GRANTEE shall have the right to install future sidewalk improvements within the Easement
Area and to reconstruct, remove, replace, or repair any grantee improvements.
Ingress and Egress. Grantee shall have the right of ingress, egress, entry, and access in,
to, through, on, over, under, and across the Easement Area and where same intersect any public
road or public right-of-way or other easement to which Grantee has the right to access and along
any roads designated by Grantor and any roads or routes as needed during an emergency, for any
and all purposes necessary and/or incident to the exercise by the Grantee of the rights granted to it
by this Agreement. Grantee shall promptly repair any damage to Grantor's roads caused by Grantee
in the exercise of any rights granted in as good a condition as existed prior to use by Grantee.
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 ____________________ , 2022.
_________________________________________
_________________________________________
GRANTOR
Sidewalk Easement
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)