MTP-IBM Addition No. 1 (Lot 4, Block A) - Permanent Waterline Easement
'S It 1\ 4-' Î ~ pt+'( GL-\.\.ß
W ~~ L--l Nff
c
.'.-. ,.
'"'~Q
\\
C/o
¡ ,
'- .-J'
CITY OF SOUTHLAKE
PERMANENT WATERLINE EASEMENT
(INCLUDING TEMPORARY CONSTRUCTION EASEMENT)
THE STATE OF TEXAS
KNOW
ALL
MEN
BY
THESE
PRESENTS:
COUNTY OF TARRANT
THAT, TSG TRUST 1999-1, of Texas (collectively referred to herein as
"Grantor") , for and in consideration of the sum of TEN AND NO/lOa DOLLARS
($10.00) and other good and valuable consideration to ~~antor in hand
paid by the CITY OF SOUTHLAKE, a municipal corporation situated in the
County of Tarrant, State of Texas, ("Grantee"), the receipt of which to
Grantor is hereby acknowledged, has granted and conveyed, and by these
presents does grant and convey, to the Grantee, an eas~ment for the
purpose of constructing, 1nspecting, repa1ring, maintaining, replacing,
changing, removing and operating a subsurface line to transport water,
with all incidental equipment and appurtenances (the "Waterline") in,
into, upon, over, across and under a certain 20' wide permanent waterline
easement (the" Permanent Water1 iDe Easement "), situated in Tarrant
County, Texas and more particularly described in Exbibit A and as shown
in Exhibit B, which are attached hereto and made a part h~reof together
with the right of reasonable ingress and egress across a 30 I wide
temporary construction easement, which shall be parallel to the 20' wide
Permanent Waterline Easement (the "Temporary Construction Easement"),
situated in Tarrant County, Texas, more particularly described in Exhibit
A, and as shown in Exhibit B, which are attached hereto and made a part
hereof (the Permanent Water Line Easement and Temporary Construction
Easement are collectively referred herein as the "Easem~nr.").
The Easement is executed by Grantor and accepted by Grantee, subject
to the following stipulations, terms and conditions, to-wit:
1. Grantee agrees that the Waterline shall be installed and
maintained in accordance with its own zoning codes and permits for the
City of Southlake, State of Texas, and with all applir.able state and
federal laws, codes and permits, including Federal wetland laws.
2. Grantee shall use all reasonable efforts to not interfere with
Grantor, its tenants, 1nvi tees, ~~uccessors or assigns, dl1ring periods of
constructing, inspecting, operating, repairing, maintaining, replacing,
changing, removing and operating the Waterline.
3. Upon completion of any construction, repairing, removing or
1nspection of, or any maintenance to, the Waterline, Grantee shall and
hereby agrees to repair and restore the affected area to at least as good
a condition, as determined by Grantor, as the area was in prior to the
commencement of any such construc~ion, repairing, removing, inspection or
maintenance.
4. The failure of Grantor, its successors or assigns, to insist
ln 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.
5. Grantee agrees that! In the cons:.ruction, '!\aintenance and
operation of the Waterline, no hazardous materials or hazardous
substances, as defined under applicable federal, state, or local law, as
such laws now or herei:nafter exist., shall. be used, stored, generated,
released or be disposed of 1n vi lation of such applicable law. If,
Grantee generates, releases or discharges any hazardous material in
constructing, inspecting, repairing, maintaining, replacing, changing,
removing or operating the Waterline, then the Grantee shall be solely
responsible for any cleanup, remediation, removal or restorÐtion mandated
by appl icable law i Grantor shall have the right to reason.-~bl y approve any
method or remediation to the extent such remediation involves land owned
by Grantor, its successors and assigns.
6. Grantee shall clean up and remove a~y trash and debris and
repair and replace fences, streets, curbs and other damages caused by
said construction.
7. The Temporary Construction Easement shall cease and terminate
ninety (90) days from the day Grantee begins the physical installation of
the Waterline, then all rights to the Temporary Construction Easement
shall terminate and revert to Grantor, its successors or assigns. The
Permanent Waterline Easement shall exist until the city permanently
abandons the premises, in which event said easement shall cease,
terminate and revert to Grantor, lts successors and assigns.
8. This grant of the Easement is made expressly subject to (i)
any and all easements, rights of way, restrictions, liens, and/or
encumbrances of any kind that are filed of record irt the Tarrant County
Real Property Records and/or the Denton County Real Property Records or
which an on-the-ground inspectian would reveal, and (ii) any
encroachments, protrusions, taxes =or 1998 and subsequent years, and/or
zoning, platting or other governme~tal requirements that affect the land.
9. 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 il1 any way modify this instrument or
conveyance.
IN WITNESS WHEREOF, the Grantor has executed this instrument as of
the day and year first above written.
TSG TRUST 1999-1
By:
'-w l¿jt-
Name:
Val T. Orton
Vice President
Title:
ACCEPTED AS TO FORM AND SUBSTANCE BY:
CITY OF SOUTHLAKE
By:
(~~
o~
rl1o/
RETURN TO:
CITY OF SOUTHlAKE
OFFICE OF CITY SECRETARY
1725 EAST SOUTHLAKE BOUlEVARD
SOUTHlAKE,TEXAS 76092
Name:
Title:
STATE OF
IJtab
COUNTY OF
Siit Ull\::.,
This foregoing instrument was a5~qp.~~dged Q~'cfe~~em~eRr this
day of ~()...rr , 2000 I by 1. omm VII"'I
of TSG TRUST 199j-l
/tf.a..
~L
rn~~~/
and for said County and State
My Commission Expires:
NOTARY PUBLIC
SYDNEE MADSEN
79 So. Main St. 3rd Fl.
Salt Lake City, UT 84111
COMMISSION EXPIRES
MAY 6, 2003
TATE OF UTAH
" C_~'--- --'c_-
~~_,-,---~"'. .. .
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY EASEMENT
BEING a 20 foot wide strip of land located in the Lot ,4, Block A, MTP-IBM
ADDITION NO.1, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388-211, Page 68 & 69 of
the Plat Records of Tarrant County, Texas. Said 20 foot wide strip of
land being more particularly described by metes and boundn, as follows:
BEGINNING at a point in the North boundary line of said Lot 4, lying
N 88° 16' 54" E, 17.53 feet, from the Northwest cor~er of said
Lot 4;
THENCE N 88° 16' 54" E 20.15 feet, along the North ~oundary line
of said Lot 4, to a point;
THENCE SOUTHEASTERLY 90.12 feet, along curve to tre Left, having
a radius of 1368.60 feet, a central angle of 03° 46' 22", and a
chord bearing S 10° 42' 37" E, 90.11 feet, to a po~nt;
THENCE N 89° 42' 05" W 38.34 feet, to a point in th~ West boundary
line of said Lot 4, being the East right-of-way li~e of East T. W.
King Road;
THENCE NORTHWESTERLY 20.46 feet, along the East right-of-way
line of said East T. W. King Road and the West boundary line of
said Lot 4, with a curve to the Right, having p r~djus of 1406.00
feet, a central angle of 00° 50' 01", and a chord b~aring
N 11° 49' 53" W, 20.46 feet, to a point;
THENCE
S 89° 42' 05" E
17.77 feet, to a point;
THENCE NORTHWESTERLY 68.89 feet, along a curve to the Right,
having a radius of 1388.60 feet, a central angle of 02° 50' 32",
and a chord bearing N 10° 08' 32" W, 68.88 feet, to THE PLACE OF
BEGINNING, containing 2,151 square feet of land.
¡Ii
I I I
EXHIBIT B
PERMANENT UTILITY
EASEMENT
~. RI'IT AIN &: C RA lfF 0 RD
LA.ND SURVEYING ðt
rr)POCRAPHIC MAPD.INC
"'" 9'8-0211 - OETRO 429-511.
'AX N.. ,.", ..6-1>041
°.0, 80X 11>74 . ..."" SOUTt< 'REEWAY
'OR1 """'H, ITX" '6"0
! !
j
I I !
, I I i
i
I I I I
I I ! I
I I I
I I I I
"I I I
I I I
i ; ; I
I '
I I I I
I I I I
~~!
I : ~ j I
I' 1!BU< A
\ I I
I ' I I I LOT 2 BLK A
~I~L
\ \ \ ------
N 8"16'54"
2D,1S'
z
0
:;u
-I
::L:
---
W. MEDLIN SURVEY
ABSTRACT No, 1958
- --- -
N 88°'6'54"[
17.53'
'"
O' <o~
'?' ~ ~
O"t <ocr
\ (;+ ~~ (j'
\ () r\~ «
I «:')'V ,?,V:¡,,"" ",.
; \ I ~'t gj "'~'
~ ~ /" ")cp ~.
. ~«~~ « .
\ \ 't 0;) ~ / ~
~ ~ ~ 1".....
%, ' JAMES L. BRl'ITAIN
\ \, .~ REGIS'l"RED PRDFESSJDNAL
\ ~ LAND SURVEYOR
\ \""""""" STATE OF TEXAS NO. 1674
\ \', ."-~
\~ .............. ,,-:::J<...I 0 F
.............. 4~?'\'T...............ri:
lOT 4 BLOCK A , '~'r:,.~~\STE:R'i:"t,
"" ,f/). '<' ... () ....\1'
\" ~ ,.j:~~-t\~~;:i~,~N.
""- ~ ~ l'1'"~.P;-tsS\O~.::"O
""- '- '~<," SUR;;¡'T..~
" '
"-
~
LOT 3 BLK A
\
\
\
SURVEYED ON THE GROUND
OCTOBER 13, 1997
~
~R£k
PERMANENT UTILITY
EASEMENT
2,151 SQUARE FEET
C-l
C-2
C-3
1368.60'
1406.00'
1388.60'
LENGTH
90.12'
20.46'
88.89'
'-
,
DELTA CHORD CH.BEARING '------
3"46'22" 90.11' S 10"42'37"E
0"50'01" 20.46' N 11"49'53"W
2"50'32" 68.88' N 10"08'32"W
PERMANENT UTILITY
EASEMENT
LOT 4 BLOCK A
MTP- IBM ADDITION
CURVE RADIUS
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING 0.145 acres of land located in the Lot 4, Block A, MTP-IBM ADDITION
NO.1, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388-211, Page 68 & 69 of the
Plat Records of Tarrant County, Texas. Said 0.145 acres being more
particularly described by metes and bounds, as follows:
BEGINNING at a point in the Northwest corner of said Lot 4¡ lying in the
East right-of-way line of East T. W. King Road;
THENCE N 88° 16' 54" E 57.84 feet, along the North boundary line
of said Lot 4, to a point;
THENCE SOUTHEASTERLY 111.46 feet, along a curve to the Left,
having a radius of 1348.60 feet, a central angle of 04° 44' 08",
and a chord bearing S 11° 17' 51" E, 111.43 feet, to a point;
THENCE N 89° 42' 05" W 59.08 feet, to a point in the West boundary
line of said Lot 4, being the East right-of-way line of East T. W.
King Road;
THENCE NORTHWESTERLY 109.21 feet, along the West boundary line of
said Lot 4, and the East right-of-way line of said East T. W. King
Road, with a curve to the Right, having a radius of 1406.00 feet,
a central angle of 04° 27' 02", and a chord bearing N 10° 51' 33"
W, 109.18 feet, to THE PLACE OF BEGINNING, containing 0.145 acres
(6,333 square feet) of land.
, I I I
I I I
I I I
I I I I
I I I I
I I ¡
I I I
I I I I
I I I I
I I I
I ! I
I I I I
I I I I
~~!
I t ¡ ¡
I I
I I \ Jm ,IBU< A
\ I I '
!' ¡ LOT 2 BLK A
~I~L
\ \ \ ------
N 88"16'54"[
\ 57.84'
\ TEIoo4PORAR\' CONSTRUCTlON
\ \ EASEMENT ARE"A - 6,333 SQ. FT.
0 \ 0\ LOT 3 BLK A '"
~~ \~\: ~ ~O' (QC?>
~ ~
N 89"42'O5"W +- ~~O (Q'P SURVF:YED ON THE GROUND
\ 59.08' ()G ~~ <:(Cy OCTOBER 13, 1997
\ I <:ÒV ~ ~,:,':' ~.
% \ I ~'t gj ~~.
~ ~ ), "')qj ~.
. ~~ ~~ <:(
~ \ ~ ~
G1 \ ()V
13- ~
0
1:> .......
\ .......
\ \ ~
\ .......
EXHIBIT B
TEMPORARY CONSTRUCTION
EASEMENT
~RITrAIN &: CRAWFORD
lAND SURVEYING .t
TOPOGRAPHIC MAPPING
'8'7) 920-0211 - /ÆlOO 429-011'
'AX No. '8,7)9"-9341
P" °" BOX 'IOT4 " ,..,. !OUTII 'REEW"
'""'WORTH.",,,...T"'O
z
0
;;U
-I
:I:
- - -
---
W. MEDLIN SURVEY
ABSTRACT No.1 958
\
1~J"~
( JAMES L. BRITTAIN
\~. REGISTERED PROFESSIONAL
LAND SlmVEYOR
STA'fF. OF TEXAS NO. 1674
lOT 4 BLOCK A
~
\
,
'\
~
.......
'.
\
"-
~
"
"
~
"
"
~
.......
.......
"----
TEMPORARY
CONSTRUCTION
EASEMENT
LOT 4 BLOCK A
MTP- IBM ADDITION
C-1
C-2
1346.60'
1406.00'
LEN GfH
111.46'
109.21'
.......
.......
DELTA CHORD CH.BEARING "----
4"44'08" 111.43' S 11"17'51"[
4"27'02" 109.18' N 10"51'33"W
CURVE RADIUS
fNSUA6T
0200198159
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE TX 76092
-W A R N lNG-THIS IS PART OF THE OFFICIAL RECORD--D 0
NOT
0 EST ROY
IN 0 E XED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN 0 E R SON -- COUNTY CLERK
0 F F I C I A L R E C E I P T
T 0:
CITY OF SOUTHLAKE
RECEIPT NO
200349015
REGISTER
DR92
RECD-BY
0 W
PRINTED DATE
09/01/2000
TIME
13:08
1
INSTRUMENT FEECD
0200198159 WD
INDEXED
20000901
TIME
13:08
CG
TOTAL:
DOCUMENTS: 01
FEES:
19.00
B Y:
~
~ -----
-"""
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.