Loading...
A-1134 (Maguire Partners) (2) J.I\~ \ I . " OFfICIAL RECORD SANIT ARY SEWER UTILITY EASEMENT (j THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT THAT, MAGUIRE PARTNERS - SOLANA LIMITED PARTNERSHIP, a Texas limited partnership ("Grantor"), for and in consideration of the sum of TEN AND NOll 00 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 HAVE 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, terms and conditions, to-wit: I. Grantee agrees that the Sanitary Sewer shall be installed and maintained in accordance with its own zoning codes and permits, 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 permits, 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 performance of any of the terms, 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 trom 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 of the 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 '!Qd member ~/. -.. V By: ~¡' Name: Title: /----- Tom Allen Managiñg Trustee ACCEPTED AS TO FORM AND SUBSTANCE BY: CITY OF SO~~- . .- By: ~ ' Name: ,'c.k t;-+o..¡ Title: mo.. yor RETURN TO: CITY Of SOUTHlA1Œ OFFICE Of THE CITY SECRETARY 1400 MAIN STRm~jJITE 270 SOUTHLAKE, II::J\M 76092 STATE OF Texas § § § COUNTY OF Tarrant Before me ~¡í¡..l.J.$uTe:oV1A:J(," on this day personally appeared -rô h1 kLÆ,) , 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 02 A..I---day of 6c T. , 2002, A.D. nty and State My Commission Expires: ;' I - 0 3 - 03 -..~"""""'-' . Recorder, please return stamped copies of this instrument to: Grantee at: Grantor at: 9 Village Circle Suite 500 Westlake, Texas 76262 0 ~ N U '" 5 ~ ~ i3 TN ;:::g c ~';g Eg ~ ~ ~;: :::~{IJ '" . ... "'0 , 0," --0>- o~>- ~lS "'>-0. EXHIBIT "A" 15' PERMANENT SANITARY SEWER EASEMENT 17,040 Square Feet (0.391 Acre) ~ ~ \ ~ <b ~ ~ , ~ " ~ \~ . ~ . S07° 34' 34 liE ;.\ 40.53' , , \ \ Chord Length = 37.01'. '" Chord Direction = S31°29'16HE Radius = 1,424.00' Delta Angle = 01°29'21" Arc Length = 37.01' \ NO7° 34' 34"W ' 67.61' I \\«., "<1~i. .;--) \ ~~ ..\. ~ ~ ~ It)J \\" :f:~ ~ ~'\~4 /-""""'\ / o~". \ ~"\ -f( h.~~\)-~ ~o.v / ¿ \ J.°~~ <-1' ~rp '( ~.~~~~ ;.' "-' .......('1 ö ~. oJ. .:s! <' II ~ A..' a. '\\'0 - I ",8 i?J lV' / :1~0 \8 9' ~ "GO.A 0.""- I "'o :1~0 \ 8 :?>' 5 '2.ó:?>'O \ \ \ . , \ . . \ \ , / 1"~ N68°06'22"E ,,~, I . \ , i/fio r¡;. 11ò II '" N53~ ~~~ ~~. ~ 1 ~: ~ '~,~t::~~1 6~' , ..,fJ";1'{';>'; t; ~ , 'l, . ~~ ~ S68°0S'22"W N36°32'05"W 156.66' 15.00' , S53°27'28"W POB ~~:: 6.61' Maguire Partners - Solana Holdings LP ~ POC( '.'~N36°32'05"W 355 South Grand Avenue, Suite 4500 7~ T%lXJTfAfY '. 26.00' Los Angeles, California 90071 ~ .vO#O.vEh'T reXw.o'\ Volume 13871, Page 10 ~ \ ~ ~ 7~ vþ. 0 ~ ~ \ , . \ \ \ \ \ \ \ \ \ \ \ \ \ \ , , \ \ \ 0 100 ~ :200 ~ , , 410 \ \ ( IN FEET) 1 Inch . 200 ft. Note: JLL 8£ARms BASE:D ON MAGUIRE TRACT (VOL. 13871, PO. 10) " Eddie L. Cheatham of CHEATHAM ~D ASSOCIATES. a RegIstered Professional Land Surveyor of the State of Texas. do hereby declare that the calculatlona, graphic depiction and legal descrlptlona of this survey were properly prepared under m ersonalsupervlalon fl"t\~n actualaurvey made on . ground. . c: - - L. ~ DZ Registered Professional LCI"Id Surveyor No. 2346 CHEATILUI AND ASSOCIATES 1801 I. LüüB BLVD 1200 .&JWNOTON. TIDS 78011 KI'l'RO (817) 286-8888 (817) Me-08D8 EXHIBIT 'B' 15' PERMANENT SANITARY SEWER EASEMENT Field Notes BEING a 0.391 acre (17,040 square feet) tract ofland situated in the J. B. MARTIN SURVEY, ABSTRACT No. 1134, in the City of Southlake, Tarrant County, Texas, and being a strip ofland over, through, and across that certain 50.12 acre tract ofland described in a Deed Without Warranty dated June 14th, 1999 trom International Business Machines Corporation and 300 Convent Street Corporation to Maguire Partners - Solana Holdings, Limited Partnership, a Texas Limited Partnership as recorded in Volume 13871, Page 10 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 in the northeast right-of-way of State Highway No. 114, being a comer of said Maguire Tract, N. 36°32'05" W., 26.00 feet along a boundary line of said Maguire Tract, and along the northeast right-of-way of said Highway No. 114 to the POINT OF BEGINNING; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE N. 36°32'05" W., 15.00 feet continuing along a boundary line of said Maguire Tract, and along the northeast right-of-way line of said Highway No. 114 to a point for comer; N. 53°27'28" E., 8.54 feet departing trom said Highway No. 114, and departing from a boundary line of said Maguire Tract to a point for comer; N. 68°06'22" E., 157.46 feet to a point for comer; N. 59°29'17" E., 312.78 feet to a point for comer; N. 73°18'48" E., 260.49 feet to a point for comer; N. 40°54'57" E., 337.35 feet to a point for comer; N. 07°34'34" W., 67.61 feet to a point, being in a boundary line of said Maguire Tract, being in the southwest right-of-way line of Kirkwood Boulevard, at the begiruring of a curve to the right having a radius of 1,424 feet, a Delta Angle of 01°29'21", and a Long Chord which bears S. 31°29'16" E., a distance of37.01 feet; Southeast, along said curve, a distance of 37.01 feet along a boundary line of said Maguire Tract, and along the southwest right-of-way line of said Kirkwood Boulevard to a point for corner; S. 07°34'34" E., 40.53 feet departing from said Kirkwood Boulevard, and departing from a boundary line of said Maguire Tract to a point for comer; S. 40°54'57" W., 348.46 feet to a point for comer; S, 73°18'48" W., 263.03 feet to a point for comer; S. 59°29' 17" W., 312.09 feet to a point for comer; S. 68°06'22" W., 156.66 feet to a point for comer; THENCE S. 53°27'28" W., 6.61 feet to the POINT OF BEGINNING, containing 0.391 acre ofland. 0:\001-471 \esmts\471-LGL-MAO UIRE2.doc D202371419 :;:TY OF SOUTHLAKE 400 MAIN ST #270 SOUTHLAKE TX 76092 -w A ~ N lNG-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY IN 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 S 0 ~ -- COUNTY CLERK 0 F F I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO é 3115675 REGISTER DR2A RECD-BY PM PRINTED DATE 12/27/2002 TIME 14:48 JNSTEUMENT FEECD D2 C 2 .~.. 71419 WD INDEXED 20021227 TIME 14:48 EECVD CG TOTAL: DOCUMENTS: 01 FEES: 19.00 B Y: L. ANY PEOVISION WHICH EESTRICTS THE SALE RENTAL OE USE OF THE DESCEIBED EEAL PROPERTY BECAUSE OF COLOE OE RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.