ST16-01A-ES220511
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 AND UTILITY 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, DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership,
known herein as "GRANTOR", in consideration of the sum of Eighteen Thousand, Eight Hundred
Nine and no/100 Dollars ($18,809.00) 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"), a non-exclusive easement and right-
of-way along, upon and across the following described property owned by GRANTOR (the
"Easement") for the purpose of constructing certain utility improvements and a public or pedestrian
right-of-way sidewalk within the Easement and for the purpose of making additions to, improvements
on and repairs to said utility improvements or sidewalk or any part thereof.
Said Easement being depicted in Exhibit "A" attached hereto and made a part hereof for
all purposes. Property Description being 2,248 square foot (0.0516 acre) tract of land situated in the
Cordelia Bowen Survey, Abstract No. 56, City of Coppell, Dallas County, Texas; said tract being
part of Lot 4, Block A, Duke Lesley Addition, an addition to the City of Coppell.
The Easement described herein shall accommodate the design, construction and maintenance
of a surface improvements of a public pedestrian sidewalk and non-motorized bicycle traffic (the
"Sidewalk"); and the GRANTEE shall design, construct and maintain above ground and subsurface
public utilities including but not limited to water, wastewater, electrical, traffic signalization,
telecommunication, natural gas, and other public utilities (the "Facilities").
That in consideration of the benefits above set out, after ten (10) days prior written notice to
GRANTOR, GRANTEE may remove from the Easement, such fences, buildings and other permanent
obstructions as may be found upon said Easement. After construction of the Sidewalk and Facilities
have 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 reserves the right to use and maintain the Easement for purposes which
will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the
Facilities and Sidewalk and restoration of the surface, GRANTEE shall be obligated for future
maintenance and upkeep of the surface area of the Easement and for future maintenance and upkeep
of the Facilities installed in the Easement.
GRANTEE shall have the right to reconstruct, remove, replace, maintain, or repair any
Facilities within the Easement in accordance with the terms and conditions of this agreement.
Ingress and Egress. GRANTEE shall have the right of ingress, egress, entry, and access
in, to, through, on, over, under, and across the Easement and where same intersects 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.
Damages. GRANTEE shall be solely responsible for (i) any monetary damages arising
from the construction and installation of each improvement to be installed in, on, or under the
Easement, and (ii) any monetary damages arising from the repair, maintenance, inspection,
replacement, operation, or removal of each improvement to be installed in, on, or under the
Easement.
[SIGNATURE PAGES TO FOLLOW]
TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns
for the purposes aforesaid, the premises above described.
GRANTOR:
DUKE REALTY LIMITED PARTNERSHIP, an
Indiana limited partnership
By: Duke Realty Corporation, an Indiana
corporation, its sole general partner
By:
Jeff Thornton
Regional Senior Vice President
STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on this ____ day of ______________, 2022
by Jeff Thornton, Regional Senior Vice President of Duke Realty Corporation, an Indiana
corporation, general partner of DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited
partnership, on behalf of said partnership.
__________________________________
Notary Public
Print Name: _________________________
[SIGNATURES CONTINUE ON NEXT PAGE]
GRANTEE:
City of Coppell, Texas
By: _________________________
Name: _______________________
Title: ________________________
STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on this ____ day of ______________, 2022
by _______________________, _______________________ of City of Coppell, Texas, on
behalf of said city.
_____________________________
Notary Public
Print Name: _____________________
EXHIBIT A
DEPICTION OF EASEMENT