A-1134 (Maguire Partners)
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0 FFI CIAL RECORD
SANITARY SEWER UTILITY EASEMENT
THE STATE OF TEXAS
§
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OFT ARRANT
THAT, MAGUIRE PARTNERS - SOLANA LIMITED PARTNERSHIP, a
Texas limited partnership ("Grantor"), for and in consideration of the sum of TEN AND
, NOIlOO DOLLARS ($10.00) Dollars, and other good and valuable consideration to
Grantor in hand paid by the CITY OF SOUTHLAKE, a Texas municipal corporation,
situated in the County of Tarrant, State of Texas ("Grantee"), the receipt of which by
Grantor is hereby acknowledged, has granted and conveyed, and by these presents does
grant and convey, to the Grantee, a non-exclusive easement (the "Easement") for the
purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating
sanitary sewer utilities (the "Sanitary Sewer") in, into, upon, over, across and under that
land in Tarrant County, Texas, more particularly described as follows:
See attached Exhibit "A", which is attached hereto and incorporated herein, for a
graphic depiction;
See attached Exhibit "B", which is attached hereto and incorporated herein, for a
metes and bounds description together with the right of ingress and egress as
necessary for such purposes.
TO HA VE AND TO HOLD the above described Easement, together with all and
singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee,
its successors and assigns, for so long as this Easement is used for the purposes set forth
herein; and, subject to any and all easements, rights, restrictions and encumbrances filed
of record in the real property records of Tarrant County, Texas, or which an on-the-
ground inspection would reveal, and subject to the following reservation, stipulations,
tenns and conditions, to-wit:
1. Grantee agrees that the Sanitary Sewer shall be installed and maintained in
accordance with its own zoning codes and pennits, including but not limited to the tree
preservation ordinance, for the City of Southlake, State of Texas, and with all applicable
state and federal laws, codes and pennits, including Federal wetland laws.
a. Grantor reserves itself, its successors and assigns, all rights in and to
the Easement to use and enjoy the same for any purpose not
inconsistent with the purpose for which this Easement is granted,
including, without limitation, the right of Grantor to plant, remove or
install landscaping, plants, grass, signs, fences, posts, lights, asphalt,
concrete tar or similar material so as to use the surface area of the
,
Easement for streets, curbs and driveways, subject to the rights herein
granted, and so long as Grantor does not interfere with the Sanitary
Sewer. In the event Grantor, in its use of the Easement, causes
damage to the Sanitary Sewer, Grantor shall reimburse the City for the
cost to repair the Sanitary Sewer.
2. Upon completion of any construction, repairing, removing or inspection
of, or any maintenance to, the Sanitary Sewer or the Easement, Grantee shall and hereby
agrees to repair and restore the affected area to at least as good a condition, or as
otherwise reasonably approved by Grantor, as the area was in prior to the commencement
of any such construction, repairing, removing, inspection or maintenance.
3. The failure of Grantor, its successors or assigns, to insist in anyone or
more instances upon perfonnance of any of the tenns, covenants or conditions of this
instrument shall not be construed as a waiver or a relinquishment of the future
performance of any such term, covenant or condition by Grantee, but the obligation of
Grantee with respect to such future performance shall continue in full force and effect.
4. Grantee agrees that, in the construction, maintenance and operation of the
Sanitary Sewer, no hazardous materials or hazardous substances, as defined under
applicable federal, state, or local law, as such laws now or hereinafter exist ("Hazardous
Materials"), shall be used, stored, generated, released or be disposed of in violation of
such applicable law. If, Grantee generates, releases or discharges any Hazardous
Materials in constructing, inspecting, repairing, maintaining, replacing, changing,
removing or operating the Sanitary Sewer, then the Grantee shall be solely responsible
for any cleanup, remediation, removal or restoration mandated by applicable law.
Grantor shall have the right to reasonably approve any method or remediation to the
extent such remediation involves land owned by Grantor, its successors and assigns.
Grantee shall not be responsible for the cleanup, remediation, removal or restoration costs
resulting from the release, use or storage of Hazardous Materials on the Easement, or
other property owned by Grantor, before the date of execution of this Easement. Grantee
shall provide written notice to Grantor of the discovery of any Hazardous Materials in,
on, or under the Easement, within five (5) calendar days of such a discovery.
5. Grantee shall clean up and remove any trash and debris and repair and
replace fences, streets, curbs and other damages caused by said construction or repair of
the Sanitary Sewer.
6. Grantee shall use diligent efforts to complete all excavation and
construction necessary for the installation of the Sanitary Sewer on or before December
31, 2002. The Easement shall exist until the city permanently abandons the premises, in
which event said Easement shall cease, terminate and revert to Grantor, its successors and
assIgns.
7. This grant of the Easement is made expressly subject to any and all
easements, rights of way, restrictions and/or encumbrances of any kind that are filed of
record in the Tarrant County Real Property Records and/or the Denton County Real
Property Records or which an on-the-ground inspection would reveal.
8. It is expressly understood that all rights, conveyances or covenants are
herein written, and no verbal agreements of any kind shall be binding or recognized or in
any way modify this instrument or conveyance.
IN WITNESS WHEREOF, the Grantor has executed this instrument as ofthe date
and year first written above.
MAGUIRE PARTNERS - SOLANA LIMITED
PARTNERSHIP, a Texas limited partnership
By:
MaguirePartners - Solana GP Limited Liability
Company, its General Partner
By: MaguirePartners - Solana Business Trust,
its sole manager and member
"""......
(~~~e: Tom Alt.. -~
Title: Managing Trustee
ACCEPTED AS TO FORM AND SUBSTANCE BY:
CITY OF SOUTHL~.~.
By: CJJi!¡¡
Name: ,<.. '---
Title: ~r;r !
RETURN TO:
CITY OF SOUTHLAKE
OFFICE OF THE CITY SECRETARY
1400 MAIN STREET, SUITE 270
SOUTHLAKE, TEXAS 76092
STATE OF Texas
§
§
§
COUNTY OF Tarrant
Before me ~DlrJ+..4. S:U7~..uú on this day personally appeared
-/ö h1. Â-z..L E. ¡:) , known by me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same on behalf of
Maguire Partners - Solana Limited Partnership, a Texas limited partnership, for the
purposes and consideration therein expressed.
Given under my hand and seal of office this .;2 ~ay of 0 c.. í. , 2002, A.D.
nd State
//- 03 - 03
,""~;';;;;"'" ,
/';>"~"""'~('~"" Judith A. Suter-King
{..{£j..'tJotary Public, State of Texas
\ \.~/.i My Commission Expires
""'~~~~.~:i.;'" NOVEMBER 03, 2003
My Commission Expires:
Recorder, please return stamped copies of this instrument to:
Grantee at:
Grantor at:
9 Village Circle
Suite 500
Westlake, Texas 76262
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EXH I BIT" A"
15' PERMANENT SANITARY SEWER EASEMENT
N70° 08' 35"E "\ 26,344 Square Feet (0.605 Acre)
15.00' ~~519°51'2,5"E
J6~ \ 43.35
N19°51'25"W/"'~:\ ú"
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530° 56' 12"E
219.09'
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1.~' ø~ N30056'12"W
~S 216.80'
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Maguire Partners - Solana LP
355 South Grand Avenue, Suite 4500
Los Angeles, Cal ¡fernia 90071
Volume 13290, Page 9
'.516009' 11"E
\ 242.13'
\ S21°38'51 liE
\ 38. 1 6 '
T .r OJT /MY
M'OHV.vENT I"a'/YO
/' S35°35'08"W
200 - . . -040Õ - .. -. . -.. J" -" - . . p'oë. 17.84'
I , - ~.OV.~ _~?A~. .!~~ 7"7""""':.~\ N351i.5;g,B"E
(IN FEET) \
1 Inch . 200 ft. \ \
No tel ALL BEARmS BASED ON MAGUIRE \ \ \
TRACT (VOl.. 13290, PO. IJ)
N16°09'11"W
242.54'
N21°38'51"W
48.54'
0
,
100
,
I, Eddie L. Cheatham af CHEATHN.f ,t,ND ASSOCIATES. a Registered Profeutonal
Land Surveyor of the State of Tex08, do hereby declare that the calculatIons,
graphic depiction and legal descriptions of this survey were properly prepared
under my ersonal8UPerVIa~ actual survey made on the ground.
, ~ 6¡~o~
Registered Professtonal Land Surveyor No. 2346
CHEATHAM AND ASSOCIATES
1801 I. LüüI BLVD 1800 Œ.lNGTON. '1'IDS 78011
III'1'BO (817) 2815-8888 (817) 648-0eDe
EXHIBIT 'B'
15' PERMANENT SANITARY SEWER EASEMENT
Field Notes
BEING a 0.605 acre (26,344 square feet) tract of land situated in the J. B. MARTIN
SURVEY, ABSTRACT No. 1134, in the City of South lake, Tarrant County, Texas, and
being a strip ofland over, through, and across that certain 77.101 acre tract described in a
Deed Without Warranty dated June 26th, 1998 from International Business Machines
Corporation to Maguire Partners - Solana Limited Partnership, a Texas Limited
Partnership as recorded in Volume 13290, Page 9 of the Deed Records of Tarrant County,
Texas, and being more particularly described in metes and bounds as follows:
Commencing from a Texas Department of Transportation (TXDOT) Highway right-of-
way monument found, being the point of intersection of the west right-of-way line of
State Highway No. 114 and the north right-of-way line of Dove Road, being a comer
(calls 5/8" iron rod) of said Maguire Tract, N. 35°35'08" E., 12.40 feet departing from
said Dove Road, along the west right-of-way of said Highway No. 114, and along a
boundary line of said Maguire Tract to the POINT OF BEGINNING;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
N. 21 °38' 51" W., 48.54 feet departing from said Highway No. 114, and
departing from a boundary line of said Maguire Tract to a point for comer;
N. 16°09' 11" W., 242.54 feet to a point for comer;
N. 18°30' 19" W., 487.71 feet to a point for comer;
N. 22°42'23" W., 374.65 feet to a point for comer;
N. 30°56' 12" W., 216.80 feet to a point for comer;
N. 40° 1 0'30" W., 370.78 feet to a point for comer;
N. 19°51 '25" W., 46.04 feet to a point for comer;
N. 70°08'35" E., 15.00 feet to a point for comer;
S. 19°51 '25" E., 43.35 feet to a point for comer;
S. 40°10'30" E., 369.30 feet to a point for comer;
S. 30°56'12" E., 219.09 feet to a point for comer;
S. 22°42'23" E., 376.28 feet to a point for comer;
S. 18°30'19" E., 488.57 feet to apoint for comer;
S. 16°09' 11" E., 242.13 feet to a point for comer;
S. 21 °38'51" E., 38.16 feet to a point, being in the west right-of-way line
of said Highway No. 114, being in a boundary line of said Maguire Tract,
for comer;
S. 35°35 '08" W., 17.84 feet along the west-right-of-way line of said
Highway No. 114, and along a boundary line of said Maguire Tract to the
POINT OF BEGINNING, containing 0.605 acre ofland.
G:V)OI-47l\esmts\471-LGL-MAGUIREl.doc
0202371420
ITY OF SOUTHLAKE
L400 MAIN ST #270
SOUTHLAKE TX 76092
-W A R N lNG-THIS IS PART OF THE OFFICIAL RECORD--D 0
NOT
DES T ROY
~ N D E XED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
0 F F I C I A L R E C E I P T
T 0:
~ITY OF SOUTHLAKE
RECEIPT NO
203115676
REGISTER
DR2A
RECD-BY
PM
PRINTED DATE
12/27/2002
TIME
14:48
1
INSTRUMENT FEECD
C202371420 WD
INDEXED
20021227
TIME
14:48
RECVD
CG
TOTAL:
:::JOCUMENTS: 01
FEES:
19.00
B Y:
L_-
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
I; INVJ\LID AND UNENFORCEABLE UNDER FEDERAL LAW.