PD186R3-CS010207EAS £1VlrENT AGREEMENT
This EASEMENT AGREEMENT ("Agreement") is made effectiv
January, 2001, by and among TEXAS DUGAN LIMITED PARTNERS]
partnership ("Duke-Weeks"), CP-COPPELL INDUSTRIAL, LTD., a Texas
("Champion"), and the CITY OF COPPELL, TEXAS, a home rule city ("City").
WITNESSETH:
KECITALS
A. Champion is the owner of certain land described on Exhibit "A" attached hereto and
incorporated herein by reference (the "Champion Land").
B. Duke-Weeks is the owner of certain land described on Exhibit "B" attached hereto
and incorporated herein by reference (the "Duke-Weeks Land").
C. Champion and Duke-Weeks (sometimes referred to herein collectively as "Grantor")
have agreed to give City an easement (i) for the construction of a "hike and bike" trail (the "Trail").
and (ii) for pedestrian and velocipede ingress and egress over, across, and upon the Trail within the
Easement Area (as hereinafter defined), subject to and upon the terms and conditions contained
herein.
NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants
contained herein, and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties to this Agreement hereby agree and covenant as follows:
1. Easement for Construction.
a. Champion hereby grants, bargains, sells, and conveys unto City (for the
benefit of City and its agents, employees, contractors, licensees, and other invitees) an
easement within the portion of the Champion Land described on Exhibit "C" attached hereto
and incorporated herein by reference (the "Champion Easement Tract"), for the construction,
maintenance, repair, and reconstruction of the Trail, to have and to hold the same, subject
to all matters of record affecting thc Champion Easement Tract and without warranty of title
or other warranty (express or implied), upon the terms and conditions set forth herein. City's
easement fights under this Section l(a) include the fight to enter upon the Champion
Easement Tract for the construction, maintenance, repair, and reconstruction of the Trail and
the right to bring and maintain upon the Champion Easement Tract personnel, machinery,
and equipment necessary to perform such construction, maintenance, repair, and
reconstruction. The fights granted under this SeCtion l(a) are subject to the obligation of
City to (i) promptly restore the Champion Easement Tract to substantially the same condition
that existed immediately preceding the construction, maintenance, repair, or reconstruction
of the Trail (including, without limitation, fine grading and seeding of the Champion
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velocipede (and not vehicular) traffic and must be constructed of concrete or other materials
approved by Grantor in accordance with Section 4(b) of this Agreement.
6. Green Space and Landscape Credit. Each of Champion and Duke-Weeks shall
receive full green space and/or landscape credits from City for the entire area of its respective portion
of the Easement Area, notwithstanding any subsequent construction, improvements or activities
conducted thereon (including, without limitation, the paving of the Easement Area relating to the
Trail).
7. Tree Removal. City hereby agrees to waive any requirements of Champion and
Duke-Weeks to replace and/or pay any fee or charge in respect of any trees removed on the Easement
Area, it being agreed that City shall be responsible for the removal of such trees.
8. Successor, and Assigns; Division of Ownership. The easements hereby granted, the
obligations hereby imposed, and the other agreements herein contained (whether affirmative or
negative in nature) shall be perpetual easements, obligations, agreements, and covenants running
with the Easement Area, the Champion Land, and the Duke-Weeks Land (as applicable) and shall
inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, legal
representatives, successors, and assigns (including, without limitation, subsequent owners and
ground lessees of the property benefitted or burdened thereby) and all persons claiming under them.
Nothing contained in the preceding sentence will be construed to permit the transfer of City's interest
in this Agreement to any third party, and any such attempted transfer or assignment shall be null and
void (it being acknowledged that the fights granted hereunder are personal to the City of Coppell).
So long as the Champion Land is owned by one (1) party and the Duke-Weeks Land is owned by one
(1) party, it is understood that the terms "Champion" and "Duke-Weeks" mean the parties to this
Agreement and the subsequent owners of the Champion Land and the Duke-Weeks Land,
respectively. However, the parties to this Agreement acknowledge that the Champion Land and the
Duke-Weeks Land may be divided into smaller tracts and sold to different parties in the future.
Accordingly, it is understood that following such a division of ownership in either the Champion
Land or the Duke-Weeks Land (or both), then the terms "Champion Land" and "Duke-Weeks Land"
used in this Agreement will only include the portion(s) of such land adjacent to the Easement Area
(and the terms "Champion" and "Duke-Weeks" will only include the owner(s) of such portion(s) of
the land, respectively).
9. Limitation on Obligatiola~. The obligations of Champion, Duke-Weeks, and
subsequent owners of the Champion Land and the Duke-Weeks Land, respectively, are limited to
the obligations accruing during their respective periods of ownership, and upon the conveyance of
any portion of the Champion Land and the Duke-Weeks Land by the owner thereof, such property
owner's rights and obligations under this Agreement with respect to the portion conveyed shall cease
and terminate effective as of the date of such conveyance. At that time, such property owner will be
released of all further obligations (except for obligations accruing prior to the date of such
conveyance) and the grantee will succeed to such rights and obligations from and after the date of
conveyance.
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