Freeport NIP(6)-ES060901PREPARED BY AND
WHEN RECORDED RETURN TO
Ann Colussi Dee
Duke Realty Corporation
6133 N River Road, Suite 200
Rosemont, Illinois 60018
THIS DECLARATION OF EASEMENTS (this "Declaration is made this la day of August
2006, by DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership formerly known as
Weeks Realty, L.P "Owner
1 Storm Drainage Easement.
DECLARATION OF EASEMENTS
RECITALS:
Space above this line for recorder's use only
WHEREAS, Owner is the successor by merger to Weeks Realty, L.P (herein, "Prior Owner
and now holds all of Prior Owner's rights and interests in the real property described in that certain
General Warranty Deed (herein, "Deed dated January 26, 1999 and recorded as Document Number
451749 in Volume 99018, page 03403, Dallas County, Texas Deed Records and as described on
Exhibit A attached hereto and incorporated herein "Lot 1"), and
WHEREAS, in connection with the development of Lot 1, Owner subdivided Lot 1 into Lot 1R1
(herein "Lot 1R1 and Lot 1R2 (herein "Lot 1R2 as depicted on that certain plat thereof recorded on
August 17, 2006 as Document No. 200600303588 in the Office of the Clerk of Dallas County, Texas, and
as shown on Exhibit B attached hereto and incorporated herein (herein "Plat and
WHEREAS, Owner desires to establish certain drainage and landscaping easements over and
across Lot 1, and provide for the on -going maintenance and costs associated with such drainage and
landscaping easements, and
NOW THEREFORE, Owner hereby creates, establishes, and declares, for the benefit of Owner
and the successors -in -title to Owner, the following:
a. Creation of Easement. Owner does hereby grant and establish, for the benefit of and as
an appurtenance to Lot 1R1 and for the benefit of Lot 1R2, a perpetual, nonexclusive easement
(herein, the "Storm Drainage Easement over and through the drainage lines and related facilities
now or hereafter installed or relocated within Lot 1R2 (herein, the "Storm Drainage Easement
Area as necessary for surface water discharge from Lot 1R1 and Lot 1R2. The Storm Drainage
Easement Area is described and depicted on the Plat as a 10' Private Utility Easement.
Notwithstanding anything to the contrary contained herein, the Lot 1R2 owner may install or
construct parking, driveways, curbing, landscaping and other paved or landscaped areas over,
across or upon the Storm Drainage Easement Area, provided such installation or construction (as
well as the use of the Storm Drainage Easement Area) does not adversely affect storm drainage
discharge from Lot IR1, or any part thereof as the same may now or hereinafter may be divided,
subdivided or re- platted.
b. Maintenance Obligation/Cost. The Lot 1R2 owner shall keep and maintain the drainage
lines and related facilities within the Storm Drainage Easement Area at its sole cost and expense
(i) in good condition and repair (and replaced as necessary), and (ii) in compliance with all
applicable laws, rules, regulations, and ordinances. The Lot 1R2 owner is hereby granted an
easement over, reasonably necessary areas of Lot 1R1 to perform such maintenance obligations.
The Lot 1R1 owner shall reimburse the Lot 1R2 owner (within thirty (30) days following such
owner's receipt of an invoice therefor) its pro rata share of all actual costs and expenses incurred
by the Lot 1R2 owner to keep and maintain the Storm Drainage Easement Area. As used herein,
the pro rata share shall be the ratio that the total acreage that Lot 1R1 bears to the total acres of
Lot 1 Notwithstanding the foregoing, the owner of either Lot may perform any emergency
repairs necessary to the Storm Drainage Easement Area to prevent damage or loss of service to its
property or to prevent imminent injury to persons or property
c. Damage to Drainage Facilities. Notwithstanding the provisions of subparagraph 2(b)
above, in the event the owner of a Lot (or its tenants, subtenants, employees, agents, customers or
invitees) damages the drainage lines and/or related facilities located on another Lot by its own
negligence or willful act or through any non customary use, such owner shall be responsible for
repairing said damage at its sole cost and expense.
2. Landscaping Easement.
a. Creation of Easement. Owner does hereby grant and establish, for the benefit of and as
an appurtenance to Lot 1, a perpetual, nonexclusive easement for landscaping (herein, the
"Landscaping Easement on that portion of Lot 1 shown and described on the Plat as a 20'
Private Landscape Easement (herein, the "Landscape Easement Area
b Maintenance Obligations /Costs. The Lot 1R2 owner shall keep and maintain the
Landscape Easement Area at its sole cost and expense and is hereby granted an easement over
Lot 1 to perform such maintenance. The Lot 1R1 owner shall reimburse the Lot 1R2 owner
(within thirty (30) days following such owner's receipt of an invoice thereof) its pro rata share of
all actual costs and expenses incurred by the Lot 1R2 owner to keep and maintain the Landscape
Easement Area. As used herein, the pro rata share shall be the ratio that the total acreage that Lot
1R1 bears to the total acreage of Lot 1
c Damage to Landscaping. Notwithstanding the provisions of subparagraph 2(b) above, in
the event the Lot 1R1 owner (or its tenants, subtenants, employees, agents, customers or invitees)
damages the landscaping or other improvements located within the Landscape Easement Area by
its own negligence or willful act or through any non customary use, the Lot IR1 owner shall be
responsible for repairing said damage at its sole cost and expense.
3 No Relocation. There shall be no relocation or expansion of the Storm Drainage Easement Area
or the Landscape Easement Area by the Lot 1R2 owner without the express written consent of the Lot
2
1R1 owner, whereupon an amendment to this Declaration shall be executed and recorded to reflect any
such relocation.
4 Covenants Running With the Land. The rights, agreements, duties, obligations and easements set
forth in this Declaration shall run with the land, and shall be binding upon and benefit the owners of each
Lot and every portion thereof in perpetuity, and their successors, assigns and legal representatives. Any
transferee of any portion of the Development shall automatically be deemed, by acceptance of the title to
said property, to have assumed all obligations of this Declaration relating thereto to the extent of its
interest in said property and the transferor shall upon the completion of such transfer be relieved of all
further liability under this Declaration except liability with respect to matters that may have ansen during
its period of ownership of the property so conveyed that remain unsatisfied to the extent of its proceeds
from the transfer or remaining interest in the property, if any
5 Modifications. This Declaration may be amended only by a written instrument executed by the
following: (i) Owner or its successors and assigns, and (iii) the holders of all mortgages on the
Development or any portion thereof
6. Notices. Any notice sent pursuant to this Declaration shall be in writing and sent by personal
delivery, overnight mail or delivery service, or United States certified or registered mail, return receipt
requested, with adequate postage prepaid. Notices given by personal delivery or by overnight mail or
delivery service shall be deemed effective upon delivery Notice given by United States certified or
registered mail, return receipt requested shall be effective upon being so deposited, but the time period in
which a response to any notice must be given or any action taken with respect thereto shall commence to
run from the date of receipt of the notice as evidenced by the return receipt. Rejection or other refusal by
the addressed to accept or the inability of the United States Postal Service to deliver because of a changed
address of which no notice was given shall be deemed to be the receipt of the notice sent.
Any notice sent to Owner shall be delivered to the following address
With copy to:
Duke Realty Limited Partnership
c/o Duke Realty Corporation
6133 North River Road, Suite 200
Rosemont, Illinois 60018
Attn. Ann Colussi Dee, Esq
Duke Realty Corporation
Attn.. Texas Market Vice President, Property Management
5495 Belt Line Road, Suite 360
Dallas, Texas 75254
7 Governing Law The laws of the State of Texas shall govern this Declaration. Any provisions of
this Declaration that shall prove to be invalid, void or illegal, shall in no way affect, impair or invalidate
any other provisions hereof.
Remainder of Page Intentionally Left Blank
Signatures Contained on Following Page
3
above
IN WITNESS WHEREOF, Owner has executed this Declaration as of the date first set forth
STATE OF TEXAS
COUNTY OF DALLAS
NOTARY ACKNOWLEDGEMENT
ss
DUKE REALTY LIMITED PARTNERSHIP,
an Indiana limited partnership f /k/a Duke -Weeks Realty
Limited Partnership
By DUKE REALTY CORPORATION, an
Indiana corporation, its general partner, d/b /a
Duke Realty of Indiana Corporation
Bv
Turner
for 'ice President
alias Operations
I, the undersigned, a Notary Public in and for said County, in said State, hereby certify that
Jeffrey D Turner, whose name as Senior Vice President of Duke Realty Corporation d/b /a Duke Realty of
Indiana Corporation, the general partner of Duke Realty Limited Partnership, an Indiana limited
partnership, is signed to the foregoing instrument and who is known to me, acknowledged before me on
this day that being informed of the contents of the said instrument, he, as such Senior Vice President, and
with full authority, executed the same voluntarily for and as the act of such corporation and limited
partnership
Given under my hand and seal this the day of August, 2006.
Notary P is
[NOTARIAL SEAL]
e:\real estate \dallas industrial \development\easements\coppell declaration of easements.doc 5/24/2006 2:54 PM
4
EXHIBIT A
LEGAL DESCRIPTION
Lot 1, Block 1 of Freeport North, located in the City of Coppell, Texas and being out of the C.S
Dunnagan Survey, Abstract No 1655, William K. Payne Survey, Abstract No. 1140, Dallas County,
Texas, according to the plat thereof recorded in Volume 98193, page 31, Map Records, Dallas County,
Texas.
Exhibit A
Page 1 of 1
EXHIBIT B
Exhibit B
Page 1 of 3
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CONFORMED COPY
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TE0 Cynthia Figueroa Calhoun County Clerk
Dallas County TEXAS
September 01, 2006 10 33 03 AM
FEE $44 00 200600326142
OFFICIAL PUBLIC RECORDS
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