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MTP-IBM Addition No. 1 (Lot 1, Block A) - Permanent Waterline Easement S rt I \4' Tlto" I-h ú- lit e, ;' \.N~L-I~b \ \ (--- ~ \ !"" ~.- ,- ~,"""~'~ ~, Ur ¡t....¡ 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 easement for the purpose of constructlng, inspecting, repairing, 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 Waterline Easement"), situated in Tarrant County, Texas and more particularly described in Exhibit A and as shown in Exhibit B, which are attached hereto and made a part hereof together wi th the right of reasonable ingress and egress across a 30' 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 "Easement"). 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 appli~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, invitees, successors or assigns, dllring periods of constructing, inspecting, operating, repairing, maintaining, replacing, changing, removing and operating the Waterline. 3. Upon completion of any construction, repairing, removing or inspection 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 construct~on, repalring, removi~g, inspection or maintenance. 4. 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. 5. Grantee agrees that, In tIle construction, ~aintenance and operation of the Waterline, no hazardous materials or hazardous substances, as defined Jnder applicable federal, state, or local law, as such laws now or hereinafter exist, shall be used, stored, generated, released or be disposed of in violation 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 restorùtion mandated by applicable law; Grantor shall have the right, to,rea~on:~bly approve any method or remediation to the extent such remedlatlon lnvolves land owned by Grantor, its successors and assigns. 6. Grantee shall clean up and remove any 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, its 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 in the Tarrant County Real Property Records and/or the Denton County Real Property Records or which an on - the -ground inspect ion would reveal, and (ii) any encroachments, protrusions, taxes for 1998 and subsequent years, and/or zoning, platting or other governmental 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 in 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: 'vfu-,1 <fìl- Name: Val.1. Orton VIce President Title: ACCEPTED AS TO FORM AND SUBSTANCE BY: CITY OF SOUTHLAKE By: Œd~ K ,Gk. 6'fMlj . hlMJor RETURN TO: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1725 EAST SOUTHLAKE BOULEVARD SOUTHlAKE, TEXAS 76092 Name: Title: STATE OF Utah Salt laIœ COUNTY OF This foregoing instrument was acknowledged before me on this day of AtA.4lÁ.f."-r , 2000, by ValT Orton ~nt of TSG TRUST 1999-1 I..{t£- ÅJA'~ Jì~~ Notarÿ1Publlc in and for said County and State My Commission Expires: NOTARY PUBLIC SYDNEe MADSEN 79 So. Main St. 3rd FI. Salt Lake City, UT 84111 COMMISSION EXPIRES MAY 6, 2003 ~TATE O~~~~~: EXHIBIT "A" LEGAL DESCRIPTIO. PERMANENT UTILITY EASEME.T BEING a 20 foot wide strip of land crossing Lot 1, 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 10 feet on both sides of the following described center line: BEGINNING at a point in the North boundary line of said Lot 1, lying S 89° 47' 08" E, 26.90 feet, from the Northwest corner of said LotI; THENCE S 00° 16' 31" W 37.65 feet, severing said Lot 1, to a point at the beginning of a curve to the left; THENCE SOUTHEASTERLY 143.77 feet, along said curve to the left, having a radius of 1378.60 feet, a central angle of 05° 58' 31", and a chord bearing S 02° 42' 42" E 143.71 feet, to a point in the South boundary line of said Lot 1, and the end of this easement; , 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 1~I:i I 700 I . I I I I I I I I I I I I PlACE OF BEGINNING I ~~Ll~a:NER I I I S oJ1S931"W ~TP-18~ DInaN I I 37 1 ~ I CENTER UNE 20' WIDE PERMANENT UllLITY EASEMENT I AREA - 3,828 SQUARE ÆET I \ ð. = 05858"31" I I 'I R = 1378.60" >~""'H I \ I L.c': :: ~ ~2~;1.u" E ~~ \ I 143.71" > :;::;;'" , ~~\~\\r \ -- ~ LOT 3 BLK~ - \ ì ì \ I ~ \ \ I \=- j \1 \ \-1 \ ~ \ '* \ ~ \ ~ \. \ \ \ \ \ '~ \ '. '\ "- ~ \ EXHIBIT B PERMANENT UTILITY EASEMENT ~RI'ITAIN &.CRAD'ORD lAND SURVEYING o!I TOPOGRAPHIC MAPPING (81T) ...-0211 - OETRO 4'.~'" FAX No, (8,T) .'.-11341 P. O. 80X I 1314 . '.08 SOUTH FREEWAY FORT WORTH. TEXAS 161'° z 0 ;;0 -I ::I: ALVIN F. OIEN VOLUME 1576 PG. 446 D.R.D.CT --- LOT 2 BLK A W. MEDLIN SURVEY ABSTRACT No. 1958 '" O' ~~ ~ - '" ~ ~ SURVEYED ON THE GROUND ()~ COrp OCTOBER 13, 1997 CJ*- ~~ c,. () ~\) q <>::,/ ~V... '" V '( ()..,"' -<.... ~'t <J:/ -<...~' ~ ^-<O <¿-. «/ ~J q' ~ ~~ Ov ~ j/~ l.~ ! JAMES L. BRITI'AIN REGISTERED PROFESSIONAL - LAND SURVEYOR STATE OF TEXAS NO. 1674 ..... ..... .~ "- " ..... ..... '-..~ LOT 4 BLOCK A ..... ..... ~ ~ " " "- ..... ------ PERMANENT UTILITY EASEMENT ..... LOT 1 BLOCK A ..... ------ MTP- IBM ADDITION No.1 ~ fNSL8R EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 57.4 foot wide strip of land located in Lot 1, 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 57.4 foot wide strip of land being 30 feet East of and 27.4 feet West of the following described center line: BEGINNING at a point in the North boundary line of said Lot 1, lying S 89° 47' 80" E 26.90 feet, from the Northwest corner of said Lot 1; THENCE S 00° 16' 31" W 37.65 feet, severing said Lot 1, to a point at the beginning of a curve to the left; THENCE SOUTHEASTERLY 143.77 feet, along said curve to the left, having a radius of 1378.60 feet, a central angle of 05° 58' 31", and a chord bearing S 02° 42' 42" E 143.71 feet, to a point in the South boundary line of said Lot 1, and the end of this easement; NORTHWE1CORNER LOTI,BL KA WTP-'Blol DITtON I I I I I I I I 1 I 1 I I 1 I I I 1 I I I I I I I I I : ",I i I I ~II I I I I I I I I I I PLACE OF BEGINNING S ~16'31"W - - 37 5' 57,4' WIDE TEMPORARY CONSTRUCTION EASEMENT I AREA - 10,422 SQUARE ÆET I A = 05858'31" I I I R = 1378.60' b \ I I LC~ : ~~2!7..;"'2" E \ \, I 10i3.71' ? 9°24"0"[ \ I \ r' 1 BLK A 28.52' , I I \ \ \ \ \ -- \\ \ \ --- --\-\-+¡ LOT :5 BLK A \ \ \ I \ \ \ ~ \ \1 \ ~ \ : '£ , ~ \ \\ \ , \ " EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT ~RITIAIN & CRAWFORD I.N D SURVEYING '" TOPOGRAPHIC MAPPING (a'TJ 0'6-02" - IETHO 4'0""'" FAX No. {a'TJO'0-9341 p, O. 80X '1314 . .008 SOOTH FREEWAY FORT WORT><, TEXAS 10"° z 0 ;;0 -f ::I: ALVIN F. OIEN VOLUME 1576 PG. 446 D.R.D.C.T- --- LOT 2 BLK A W. MEDLIN SURVEY ABSTRACT No. 1958 \ \ "- O' (QC?> ~ ~ ~ O~ ~ , L Á~ <ö SURVEYED ON THE GROUND OCJ' ~'¡~ «C:;o OCTOBER 13, 1997 r::::'/ ~" " L V '(~. .,. ~"t rb ~~. / " "'J qj <¿- . ~«~~ « . "t~ ~O ~ '/ / ~,¿. JAMES L. BRITTAIN ,/ REGISTERED PROFESSIONAL " LAND SURVEYOR STATE OF TEXAS NO. 1674 "- " \ ...... '\ ...... """,- LOT 4 BLOCK A ~...... " ...... "- .........~ ~ ..,~ ...... ...... '\ ~ ~ ...... ...... ~ TEMP 0 RARY CONSTRUCTION EASEMENT LOT 1 BLOCK A MTP-IBM ADDITION "- ....... ...... ...... ~ FNSLBTR D200198160 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 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 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 200349016 REGISTER DR92 RECD-BY D W PRINTED DATE 09/01/2000 TIME 13:08 1 INSTRUMENT FEECD D200198160 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.