A-481 (Diamond)
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CITY OF SOUTHLAKE
SANIT ARY SEWER LINE EASEMENT
Offl~RECORD
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THE STATE OF TEXAS 9
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COUNTY OF TARRANT 9
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That DIAMOND SHAMROCK REFINING AND MARKETING COMP ANY, a
Delaware corporation with an office and place of business at One Valero Place, San Antonio,
Texas 76249, GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars
and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home
rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the
receipt and sufficiency of which is hereby acknowledged and confessed, does hereby grant and
convey unto the said GRANTEE a permanent and perpetual easement for the purpose of
installing, repairing, maintaining, altering, encasing, replacing, relocating (within the easement
area herein described), rebuilding, removing, and operating a sanitary sewer line (the "Permanent
Sanitary Sewer Line Easement") under and through all that land in Tarrant County, Texas
described as follows, to-wit:
A fifteen foot (15') wide Permanent Sanitary Sewer Line Easement containing
approximately three hundred (300) square feet, as more particularly described in
Exhibit "A-I" and shown on Exhibit "A-2" attached hereto and incorporated
herein,
together with the right of ingress and egress as necessary for such purposes.
The Permanent Sanitary Sewer Line Easement shall be located where shown on Exhibit
"A-2" within the tract ofland owned by GRANTOR ("Grantor's Property") that is more
particularly described in Exhibit "B," a copy of which is also attached hereto and made a part
hereof.
Subject to (1) the Right-of-Way Agreement dated December 11, 1979 and the rights
thereunder previously granted to The Shamrock Pipe Line Corporation, a Delaware corporation,
as well as its successors and assigns, the terms of which may be modified at any time, at
GRANTOR's sole discretion, to permit the installation and operation of more than one (1)
pipeline within the pipeline easement, and (2) the Crossing Easement in the form attached as
Exhibit "c" hereto, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs,
representatives, successors and assigns shall at no time erect, place or construct, or cause to be
erected, placed or constructed in, into, upon, over, across or under any easements granted herein
any temporary or permanent structures. It is further agreed that GRANTEE shall have the right,
subject to the terms and conditions provided for in the Right-of-Way Agreement and the
Crossing Easement referred to in the preceding sentence, to excavate and fill upon said
permanent easement and to remove from said permanent easement, any fences, buildings or other
obstructions as may now be found upon said permanent easement. GRANTEE covenants and
South lake Dedication Emnt - Sanitary Sewer (Final).doc
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agrees that the entire segment of the sanitary sewer line to be constructed and maintained in the
Permanent Sanitary Sewer Line Easement shall be encased in material to be mutually agreed-
upon by GRANTOR and GRANTEE; provided, however, GRANTOR shall not umeasonably
withhold its agreement. GRANTOR shall have the additional rights, and this Permanent Sanitary
Sewer Line Easement shall be subject to those additional terms and conditions, that are set forth
in Exhibit "D," a copy of which is attached hereto and incorporated herein by this reference.
It is further intended that the Permanent Sanitary Sewer Line Easement herein granted to
the GRANTEE shall run with the land and forever be a right in and to the land belonging to
GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted
from any right of reversion of said premises under any prior deeds in GRANTOR'S chain of title
so long as such grant and easement is either (a) retained by GRANTEE, or (b) assigned to and all
of GRANTEE's duties and obligations herein assumed by any federal, state, county, or municipal
entity or agency which succeeds to the interests of GRANTEE under ordinance or legislative
enactment. The Permanent Sanitary Sewer Line Easement, rights and privileges granted therein
are non-exclusive; provided, however, GRANTOR covenants that, except for the pipeline and
crossing easements described above, it will not convey any other easement or conflicting rights
within the area covered by the grant made to GRANTEE herein to any other person or entity
which umeasonably interferes with GRANTEE's intended use of the Permanent Sanitary Sewer
Line Easement for a sanitary sewer line.
IN WITNESS WHEREOF, this instrument is executed this /3 e.- day of March , 2003.
GRANTOR:
DIAMOND SHAMROCK REFINING
AND MARKETING OMPANY,
a Delaware corpor~ /::J
By: l~h..~~
South lake Dedication Emnt - Sanitary Sewer (Final).doc 2
The following party executes this Sanitary Sewer Easement to evidence its consent to the terms
hereof:
THE SHAMROCK PIPE LINE
CORPORATION,
a Delaware corporatio
By:
ACKNOWLEDGEMENT
This instrument was acknowledged before me on the J3~day of March, 2003, by R.L.
Reese, an officer of Diamond Shamrock Refining and Marketing Company, a Delaware
corporation, on behalf of said corporation.
STATE OF TEXAS
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COUNTY OF BEXAR
~__::f:i~<': DIANA M. SEGOV1A .\
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STATE OF TEXAS S
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COUNTY OF BEXAR S
This instrument was acknowledged before me on the P~ay of March, 2003, by R.L.
Reese, an officer of The Shamrock Pipe Line Corporation, a Delaware corporation, on behalf of
said corporation.
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..;.~.;:,y~(t> DIANA M. SEGr~VIA
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Southlake Dedication Emnt - Sanitary Sewer (Final).doc 3
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication instrument
dated the I "8.f-k day of March, 2003, from Diamond Shamrock Refining and Marketing
Company to the City of Southlake, has been duly accepted subject to all terms and conditions
contained therein, and the City Council has consented to recordation of such dedication
instrument by its duly authorized officer.
Dated: 3 -1<6 -0 ~
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of~a~
City Secretary
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ATTEST:
AFTER FILING, PLEASE RETURN TO:
RETURN TO:
CITY OF SOUTHLAKE
OFFICE OF THE CITY SECRETARY
1400 MAIN STREET, SUITE 270 140
SOUTHLAKE, TEXAS 76092 Sout
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South lake Dedication Emnt - Sanitary Sewer (Final),doc
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EXHIBIT" A-I"
Description of Permanent Sanitary Sewer Line Easement
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South lake Dedication Emnt - Sanitary Sewer (Final).doc
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IS' UTILITY EASEMENT
BEING a 0.007 acre-tract of land situated in the Richard Eads Survey, Abstract No. 481,
Tarrnnt County. Texas. City of Southlake. and being a portion of a tract of land conveyed
by deed to Diamond Shamrock Corporation, as recorded in Volume 6812. Page 2108.
Deed Records, Tarrant County, Texas. Said 0.007 acre tract of land being more
particularly described by metes and boundc; ac; follows:
COMMJ4:NCING at a point for corner, said point being the southwest comer of said
Diamond Shamrock tract and the southeast corner of a tract of land conveyed by deed to
PKB Enterprises. Ltd.. ~s recorded in Volume 14661. Page 0525. Deed Records, Tarrant
County, Texas, and being in the north right-of-way line of Southlake Boulevard (F.M.
1709)(a 130 foot R.O.W.);
THENCE North 00001'16" West, leaving said north right-of-way line of Southlake
Boulevard. and fOllowing along the west line of said Diamond Shamrock tract and the
east line of said PKB Enterpt;ses tract, being a'~ommon line, for a distance of 264.45 feet
to a point for corner, said point being the POINT OF BEGINNING;
THENCE North 0000] '16'" West, continuing along said COtlUUon line, for a distance of
15.00 feet to a point for comer;
THENCE East. leaving said common Hoe, for a distance of 20.00 feet to a point for
corner, said point being in the west line of Lot 3, Block 2, Village Center,Addition. an
addition to the City of Southlake, as recorded in Cabinet A, Slide 3096. Plat Records,
Tarrant County, Texas;
THENCE South 00001'16" East, along said west line of Lot 3. Block 2. and the east line
of said Diamond Shamrock tract, being a common line, for a distance of 20.00 feel to a
point for comer;
THENCE West, leaving said common line, for a distance of 20.00 feet to the POINT
OF BEGINNING and CONTAINING 300 square feet or 0.007 acres of land, more or
less.
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EXHIBIT "A-2"
Survey Map of Permanent Sanitary Sewer Line Easement
Southlakc Dedication Emnt - Sanitary Sewer (Final).doc
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POINT OF
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(300 SQ.71.) EASEMENT
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FUTURE
SOUTHLAKE BLOCK 23
TOWN SQUARE
OWNER:
6812 PG
D.R,f.c.T: 2108
POINT
OF
COMMENCING
1709)
LOT 3 B
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D.R.T:C,T~' 229
VILLAGE C
CAB. A.~N~E~D~DDITION
P . A. T . C. T. 3096
96 i~T s6u BLOCK 2
VOL. 1360l~KE, L.P.
D.R.T'.C.T: 0447
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15. U EXHIBIT · 1\
OUT ~~~ EASEMENT
AB:~ S~~ARD
eI CT NO. 481
TAR~TO~oS8J1THLAKE
g TY. TEXAS
GRAPHIC SCALE
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50
1"=50'
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100
EXHIBIT "B"
Description of Grantor's Property
Southlake Dedication Emnt - Sanitary Sewcr (Final).doc
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Southlake/Highway 114 Tract
Legal Description
A strip ofland twenty (20) feet by one thousand five hundred thirty and five tenths (1530.5) feet
located n Tarrant County, Texas; and
Being out of a 57.099 acre tract of land in the Richard Eads Survey, Abstract 481, and the
Thomas Mahan Survey, Abstract 1049, all in Tarrant County, Texas, and being more particularly
described under Tract I in that certain deed from Alpha Development Corporation dated
September 11, 1979, and recorded in Volume 6812, Page 2108, Named records of Tarrant
County, Texas; said 20 foot wide strip of land being more particularly described as follows:
Ten (10) feet on each side of the following described centerline: BEGINNING at a point in the
most westerly South line of said 57.099 acre tract, the North right-of-way line of State F..M.
Highway No. 1709, and in a fence, said point being ten (10) feet West of the most southerly
Southeast comer of said 57.099 acre tract;
THENCE North 0 degrees 04 minutes East, ten (10) feet West of and parallel to the East line of
said 57.099 acre tract and the East line of said Richard Eads Survey, one thousand five hundred
thirty and five tenths (1530.5) feet to a point in the North line of said 57.099 acre tract, the South
right-of-way line of State Highway No. 114, and in a fence, containing approximately 0-
703/1000 of an acre ofland;
Subject to all restrictions, covenants, building setback lines and existing rights of way and
easements affecting said land.
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EXHIBIT "C"
Form of Crossin!! Easement
South lake Dedication Emnt - Sanitary Sewer (Final).doc
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CROSSING EASEMENT
STATE OF TEXAS g
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COUNTY OF TARRANT g
KNOW ALL MEN BY THESE PRESENTS:
That, for and in consideration of the swn of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
DIAMOND SHAMROCK REFINING AND MARKETING COMPANY, with an office and
place of business at 6000 North Loop 1604 West, San Antonio, Texas, 76249-1234, hereinafter
referred to as "Grantor," does hereby grant to SOUTHLAKE VENTURE EAST L.P., a Texas
limited partnership ("Grantee"), and its successors and assigns, Grantee having its main office
and place of business at Cooper & Stebbins, L.P. 1256 Main Street, Suite 240, Southlake, Texas
76092, a limited, non-exclusive crossing easement (the "Right of Way") to construct, maintain,
repair, operate, and replace one (1) access driveway on, over, and across either (but not both)
Tract No.1 or Tract No.2 as described on Exhibit "A-I" attached hereto; which tracts are
located within that certain real property owned by Grantor which is more particularly described
on Exhibit "A-2", also attached hereto (the "Grantor Property"), located in the City of
SouthIake, Tarrant County, Texas. Grantee's present intention is to utilize Tract No.1 for such
crossing, unless required by the City of Southlake to utilize Tract No.2. Nothing contained in
this Crossing Easement shall be deemed to be a gift or dedication of any portion of Grantor's
Property to the general public for any public purpose whatsoever; it being the intention of the
Grantor and Grantee that this Crossing Easement is for the exclusive benefit of Grantee and
Grantee's successors, assigns, mortgagees, tenants, customers, and invitees. Nothing under this
Crossing Easement, express or implied, shall confer upon any person, other than Grantee and
Grantee's successors, assigns, mortgagees, tenants, customers, and invitees any rights or
remedies under or by reason of this Crossing Easement. Grantee's property affected by and
making use of the Right-of-Way ("Grantee Property") is described by metes and bounds on
Exhibit "B" which is attached to and made a part of this Crossing Easement.
TO HA VE AND TO HOLD the above-described easement unto Grantee and its
successors and assigns, subject, however, to the conditions, covenants and agreements to be kept,
observed and performed by Grantee as follows:
1. This Crossing Easement (the "Easement") shall be for a period of fifty (50) years
from the effective date set forth below (the "Initial Term"), then year-to-year thereafter (each a
"Renewal Term") unless and until terminated by either Grantor or Grantor as of the expiration of
or at any time after the Initial Term upon giving at least one (1) year's advance written notice of
termination to the other prior to the expiration of the Initial Term or any Renewal Term;
provided, however, this Crossing Easement may be terminated by Grantor at any time (a) when
Grantee, its successors or assigns shall cease to use the Right-of-Way for any of the purposes
specified herein for a continuous period of one (1) year, (b) should Grantee have not s.tarted
construction of such driveway within six (6) months from the date of the complete executIOn of
this Easement, or (c) if and when required under the terms of any applicable law, rule, regulation,
order, or permit. Upon such termination of this Easement, all rights herein granted shall revert to
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Grantor, its successors and assigns, and, if requested, Grantee shall promptly execute and deliver
a written release and surrender of this Easement in a form approved by Grantor.
2. Grantor reserves for itself, its successors and assigns, the right to use the
Right-of-Way for any pUrpose and in any manner not specifically granted herein including,
without limitation, the right to cross or to permit others to cross over or under Grantee's
driveway so long as such use does not unreasonably interfere with the rights of Grantee
hereunder or create a safety hazard. Additionally, the grant provided herein unto Grantee is
subject to all prior easements, exceptions, reservations, encumbrances and/or rights of way, and
the rights of any parties in rightful possession, associated with this property, as well as the
restrictions, limitations, and reserved rights whether of record or evidenced physically on
Grantor's Property, including the Right-of-Way Agreement dated December 11, 1979, and the
rights thereunder previously granted to The Shamrock Pipe Line Corporation, its successors and
assigns, as such agreement may be modified, at Grantor's sole discretion, at any time..
3. The right of ingress and egress is limited to the Right-of-Way, existing public
roadways, and other routes as approved in advance in writing by Grantor intersecting the
Right-of-Way and, for purposes of initial construction and subsequent repair of its driveway,
Grantee, upon giving adequate prior notice to Grantor, may use as working space, the area lying
ten (10) feet on either side of this Right-of-Way on Grantor's Property to effect such
construction or repair, provided that the land is (a) not occupied by substantial improvements,
and (b) owned by Grantor.
4. The driveway shall be designed, constructed, and operated ,in accordance with
Grantor's and Grantee's applicable safety regulations and policies, as well as all applicable
safety rules and regulations published by the federal, state, or local regulatory agencies having
jurisdiction, including those imposing a minimum or recommended distance or clearance
between the top of Grantor's pipelines and the ground surface (including Grantee's driveway). If
no such government safety rules apply, then applicable industry standards and practices shall
govern. Grantee shall obtain all necessary consents, licenses, and permits prior to commencing.
construction.
5. Regular inspections and maintenance of the area comprising this Right-of-Way
shall be conducted by Grantee. All repairs including, but not limited to, sink holes, soil erosion,
sloughing or impairment to natural drainage shall be completed by Grantee within a reasonable
period of time, but in any event, within ten (10) days after receiving notice from Grantor to
perform such maintenance unless a shorter period is mandated by applicable law, rule,
regulation, or ordinance.
6. If the location of the Right-of-Way ever interferes with Grantor's use of its
property or if Grantor or The Shamrock Pipe Line Corporation ever needs to inspect, maintain,
repair, replace, enlarge, encase, or environmentally remediate (collectively, the "Maintenance")
any of its pipeline(s) or other improvements located in, on, or under the Ri~t-of-Way, Grantor
and The Shamrock Pipe Line Corporation, as well as its successor and asSIgns, shall have the
right, except in case of an emergency, upon at least fifteen (15) days. prior ~tten notice to
Grantee, to close all or any portion of the driveway for a reasonable penod of trme to the extent
563877_3
Crossin:; El'~~rnell:
2
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required to perform such Maintenance. Grantor and/or The Shamrock Pipe Line Corporation
shall coordinate such closing with Grantee so that no unreasonable interference in the passage of
pedestrians and vehicles to the Grantee Property shall occur, provided, however, Grantee
acknowledges that, in th~_event of an emergency, the Right-of-Way may be temporarily blocked
or barricaded by Grantor, The Shamrock Pipe Line Corporation, or one their respective
employees, agents, contractors, or legal representatives, without liability or claim for any damage
or loss of any kind or nature whatsoever as a direct result of such action, in order to protect the
health, safety, or welfare of Grantee's tenants, customers, and the general public. Grantee shall
promptly reimburse Grantor for all reasonable expenses incurred by Grantor at the request of
Grantee relating to repairing and replacing the driveways within fifteen (15) days following
Grantee's receipt of written demand therefor, accompanied by reasonable evidence of such
expense.
In addition, Grantor and Grantee are parties to an unrecorded Landscape and Surface
Maintenance Agreement of even date herewith (the "Landscape Agreement"). Under the terms
and conditions of the Landscape Agreement, Grantee is permitted by Grantor to install certain
"Landscape Elements" on Grantor's Property. Grantee shall promptly reimburse Grantor for all
reasonable expenses incurred by Grantor at the request of Grantee relating to repairing and
replacing of any Landscape Element that was removed or damaged as a result of any
Maintenance within fifteen (15) days following Grantee's receipt of written demand therefor,
accompanied by reasonable evidence of such expense.
7. Upon termination of this Easement, Grantee shall either abandon in place the
driveway if so requested by Grantor or shall, at Grantee's sole cost and expense, remove from
Grantor's real estate within sixty (60) days of receipt of such request, the driveway and thereafter
shall restore such real estate as nearly as practicable to the condition existing prior to the original
construction and installation.
8. GRANTEE ASSUMES ALL LIABILITY IN CONNECTION WITH THE
CONSTRUCTION, OPERATION, MAINTENANCE, INSPECTION, REPLACEMENT,.
REMOVAL, USE, OR EXISTENCE OF SAID DRIVEWAY AND RELATED
APPURTENANCES. GRANTEE FURTHER AGREES THAT REGARDLESS OF THE
LEGAL THEORY OR THEORIES ALLEGED INCLUDING, WITHOUT LIMITATION,
THE NEGLIGENCE (WHETHER JOINT OR CONCURRENT) OR STRICT
LIABILITY OF THE SHAMROCK PIPE LINE CORPORATION, GRANTOR, OR
THEIR RESPECTIVE EMPLOYEES, AGENTS, CONTRACTORS,
SUBCONTRACTORS, OR INVITEES, OR GRANTEE OR GRANTEE'S EMPLOYEES,
AGENTS, CONTRACTORS, SUBCONTRACTORS, OR INVITEES, GRANTEE
AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE SHAMROCK
PIPE LINE CORPORATION, GRANTOR, THEIR RESPECTIVE PARENT
COMPANIES, SUBSIDIARIES, AFFILIATES, AND SUCCESSORS, AS WELL AS ANY
OFFICER, DIRECTOR, EMPLOYEE, OR AGENT OF SUCH ENTITY
(COLLECTIVELY THE "INDEMNITEES") FROM AND AGAINST ANY DAMAGE,
COST, EXPENSE, FINE, PENALTY, LIABILITY, OR JUDGMENT (COLLECfIVELY
CALLED "LIABILITY") RESULTING FROM, ARISING OUT OF, OR CAUSED BY
THE CONSTRUCTION, OPERATION, MAINTENANCE, INSPECTION,
563877_3
Crossing Easement
3
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REPLACEMENT, REPAIR, REMOVAL, USE, OR PRESENCE OF SAID DRIVEWAY
ON THE TRACT OF LAND HEREIN DESCRIBED. HOWEVER, GRANTEE SHALL
NOT INDEMNIFY ANY OF THE INDEMNITEES FOR THAT PORTION OF ANY
LIABILITY DETERMJNED BY EITHER THE MUTUAL AGREEMENT OF THE
PARTIES HERETO OR IN THE FINAL JUDGMENT OF A COURT PURPORTING TO
EXERCISE PROPER JURISDICTION OVER THE MA ITER TO HAVE BEEN
CAUSED BY THAT INDEMNITEE. THE PROVISIONS OF TInS PARAGRAPH
SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THE RIGHT-OF-WAY
AND TInS EASEMENT.
9. GRANTOR AND GRANTEE ACKNOWLEDGE THAT ON OR ABOUT
THE DATE HEREOF, GRANTOR HAS EXECUTED A SANITARY SEWER LINE
EASEMENT AND A STORM DRAINAGE CHANNEL EASEMENT (COLLECTIVELY,
"PUBLIC EASEMENTS") IN FAVOR OF THE CITY OF SOUTHLAKE, A HOME
RULE MUNICIPAL CORPORATION OF THE COUNTY OF TARRANT, STATE OF
TEXAS ("CITY"). AS PART OF A SEPARATE DEVELOPMENT AGREEMENT WITH
THE CITY, GRANTEE WILL BE PERFORMING THE INITIAL INSTALLATION OF
THE IMPROVEMENTS AND F ACILITIES CONTEMPLATED BY THE PUBLIC
EASEMENTS WITHIN LAND OWNED BY GRANTOR. IN PERFORMING SUCH
WORK ON GRANTOR'S LAND, GRANTEE SHALL COMPLY WITH THE
CONSTRUCTION REQUIREMENTS SET FORTH IN THE PUBLIC EASEMENTS. IN
ADDITION TO GRANTEE'S OBLIGATIONS ELSEWHERE IN TInS CROSSING
EASEMENT, GRANTEE HEREBY AGREES THAT REGARDLESS OF THE LEGAL
THEORY OR THEORIES ALLEGED INCLUDING, WITHOUT LIMITATION, THE
NEGLIGENCE (WHETHER JOINT OR CONCURRENT) OR STRICT LIABILITY OF
THE SHAMROCK PIPELINE CORPORATION, GRANTOR, OR THEIR RESPECTIVE
EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, OR INVITEES OR
GRANTEE OR GRANTEE'S EMPLOYEES, AGENTS, CONTRACTORS,
SUBCONTRACTORS, OR INVITEES, GRANTEE AGREES TO INDEMNIFY,
DEFEND, AND HOLD HARMLESS THE INDEMNITEES FROM AND AGAINST ANY
LIABILITY RESULTING FROM, ARISING OUT OF, OR CAUSED BY THE INITIAL
CONSTRUCTION BY GRANTEE OR ITS CONTRACTORS, SUBCONTRACTORS,
EMPLOYEES, OR AGENTS OF THE IMPROVEMENTS AND FACILITIES
CONTEMPLATED BY THE PUBLIC EASEMENTS WITHIN LAND OWNED BY
GRANTOR. HOWEVER, GRANTEE SHALL NOT INDEMNIFY ANY OF THE
INDEMNITEES FOR THAT PORTION OF ANY LIABILITY DETERMINED BY
EITHER THE MUTUAL AGREEMENT OF THE PARTIES HERETO OR IN THE
FINAL JUDGMENT OF A COURT PURPORTING TO EXERCISE PROPER
JURISDICTION OVER THE MATTER TO HAVE BEEN CAUSED BY THAT
INDEMNITEE. THE PROVISIONS OF TmS PARAGRAPH SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THE PUBLIC EASEMENTS.
563877_3
'.." _ ." 1,,; (;rossh.e E~_.ement
4
10. Grantee shall pay all taxes which may be levied or assessed on the installation,
use and operation of the Right-of-Way or ownership of the improvements located thereon, and
Grantee further agrees to promptly reimburse Grantor for the amount of any taxes which may be
assessed against Granto! by reason of Grantee having installed the driveway and related
appurtenances upon the real estate of Grantor covered by this Easement.
11. The Right of Way and the obligations contained in this Easement and the
Landscape Agreement are appurtenant to and run with the Grantee Property, whether or not the
Right of Way is referenced or described in any conveyance of all or any portion of the Grantee
Property. The Easement and Landscape Agreement are for the benefit of Grantee and Grantee's
heirs, successors, assigns, and tenants of Grantee who at any time own or lease all or any portion
of the Grantee Property or any interest in the Grantee Property. The terms and conditions set
forth in this Easement and the Landscape Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns. Grantee may not assign any of its
rights, duties, or obligations set forth in this Easement without the prior written consent of
Grantor. Additionally, without Grantor's prior written consent, Grantee's duties and obligations
set forth under this Easement may not be assigned or transferred to any party separate and apart
from its corresponding duties and obligations set forth under the Landscape Agreement.
12. All notices given or required under this Easement shall be given in writing and
shall be given either by hand delivery or by depositing such notice in the United States first class
mail, postage prepaid, by certified or registered mail, return receipt requested, addressed to the
party to be notified at the following address, or such other address as any such party shall from
time to time designate in writing:
TO GRANTOR:
TO GRANTEE:
Diamond Shamrock Refining and
Marketing Company
One Valero Place
San Antonio, TX 78249
Attn: Vice President - Pipeline
Operations
Southlake Venture East L.P.
c/o Cooper & Stebbins, L.P.
Attn: Frank Bliss
1256 Main Street, Suite 240
Southlake, Texas 76092
13. This is not a conveyance of the real estate included within the easement, nor of
any interest in the oil, gas and other minerals in, on or under the real estate covered hereby, but is
a grant solely of the Right-of-Way and easement as described above.
14. This Easement is to be construed in accordance with the laws of the State of
Texas, without giving effect to the principles of conflict of laws.
The obligations undertaken by Grantee hereunder shall be deemed covenants running
with the land.
563877_3
':rcs~ir.g E~ >.t,WI,;
5
c_,__~_.""_._-- ~_.__.-
Effective this _ day of March, 2003.
GRANTOR:
DIAMOND SHAMROCK REFINING
AND MARKETING COMPANY,
a Delaware corporation
By:
R.L. Reese, Vice President
GRANTEE:
SOUTHLAKE VENTURE EAST L.P.,
a Texas limited partnership,
By: Rialto Southlake East, L.P.,
a Texas limited partnership,
its authorized general partner
By: CS Southlake, L.L.C.,
a Texas limited liability company,
its authorized general partner
By:
Brian R. Stebbins
Authorized Managing Member
563877_3
Crossing Easement
6
_._L'~_"'_' __,,__.,"< "' _" ,~-_._......,._-
The following party executes this Crossing Easement to evidence its consent to the terms hereof:
THE SHAMROCK PIPE LINE
CORPORATION,
a Delaware corporation
By:
R.L. Reese, Vice President
STATE OF TEXAS
COUNTY OF BEXAR
9
9
This instrument was acknowledged before me on the _ day of March, 2003, by R.L.
Reese, an officer of Diamond Shamrock Refining and Marketing Company, a Delaware
corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS 9
9
COUNTY OF TARRANT 9
This instrument was acknowledged before me on the _ day of March, 2003, by Brian
R. Stebbins, Authorized Managing Member of CS Southlake, L.L.C., a Texas limited liability
company, Authorized General Partner of Rialto Southlake East, L.P., a Texas limited
partnership, Authorized General Partner of Southlake Venture East L.P., a Texas limited
partnership, on behalf of said entities.
Notary Public, State of Texas
563877_3
Crossing Easement
7
STATE OF TEXAS
~
~
~
COUNTY OF BEXAR
This instrument was acknowledged before me on the _ day of March, 2003, by R.L.
Reese, an officer of The Shamrock Pipe Line Corporation, a Delaware corporation, on behalf of
said corporation.
Notary Public, State of Texas
After Recordine:. Return To:
Diamond Shamrock Refining and Marketing Company
P.O. Box 696000
San Antonio, Texas 78269-6000
Attn: Dennis Hickey,
Pipelines and Terminals
563877_3
Crossing Easement
8
EXHIBIT "D"
Additional Terms and Conditions
1. Improvements to be constructed and installed on Grantor's Property by or on behalf of
Grantee shall run both (a) at a perpendicular or near-perpendicular angle to, and (b)
underneath (i.e., minimum of IS-inch clearance per Section 4, below) Grantor's
petroleum products pipeline(s) (the "Pipelines") located or to be located within Grantor's
Property.
2. For purposes of initial construction and subsequent routine repair or maintenance of its
sanitary sewer line, Grantee, upon giving not less than forty-eight (4S) hours prior notice
to Grantor and The Shamrock Pipe Line Corporation, may use the Permanent Sanitary
Sewer Line Easement area to effect such construction or repair.
3. The sanitary sewer line shall be designed, constructed, and operated in accordance with
Grantor's and Grantee's applicable safety regulations and policies, as well as all
applicable safety rules and regulations published by the federal, state, or local regulatory
agencies having jurisdiction. Grantor shall, within thirty (30) days of the execution of
this Easement, provide copies of its applicable safety rules to Grantee. If no such
government safety rules apply, then applicable industry standards and practices shall
govern. Grantee shall obtain all necessary consents, licenses, and permits prior to
commencing construction. Upon completion of the sanitary sewer line, Grantee shall
promptly provide Grantor with a set of "as-built" construction drawings identifying the
location and depth of such line, which location and depth must be similar to that shown
on Exhibit "E" attached hereto. The sanitary sewer line must be encased and located a
minimum distance of IS inches from the Pipelines. Grantee understands and agrees that
the disturbance or removal of any soil or subsoil that is located within five feet (5') on
any side of the Pipelines shall be performed by hand-trenching (i.e., hands and shovels
only).
4. Grantor and The Shamrock Pipe Line Corporation shall have the right to inspect, test,
maintain, repair, replace, enlarge, alter the size of, encase, or environmentally remediate
(collectively, the "Maintenance") any of its pipeline(s) or other improvements located in,
on, or under Grantor's Property. Grantor and The Shamrock Pipe Line Corporation each
separately reserves for itself, its successors and assigns, the right to use the Permanent
Sanitary Sewer Line Easement to cross or permit others to cross over and under Grantee's
sanitary sewer line so long as such use does not unreasonably interfere with the rights of
Grantee hereunder or create a safety hazard. Additionally, the grant provided herein unto
Grantee is subject to all prior easements, exceptions, reservations, encumbrances and/or
rights of way, as well as the restrictions, limitations, and reserved rights whether of record
or evidenced physically on Grantor's Property.
5. Regular inspections and maintenance of the area comprising this Permanent Sanitary
Sewer Line Easement shall be conducted by Grantee. All repairs including, but not
South lake Dedication Emnt - Sanitary Sewer (Final).doc
limited to, sink holes, soil erosion, sloughing or impairment to natural drainage shall be
completed by Grantee within a reasonable period of time, but in any event, within ten
(10) days after receiving notice from Grantor to perform such maintenance unless a
shorter period is mandated by applicable law, rule, regulation, or ordinance.
6. All notices given or required under this Permanent Sanitary Sewer Line Easement shall
be given in writing and shall be given either by hand delivery or by depositing such notice
in the United States first class mail, postage prepaid, by certified or registered mail, return
receipt requested, addressed to the party to be notified at the following address, or such
other address as any such party shall from time to time designate in writing:
TO GRANTOR:
TO GRANTEE:
City of Southlake
1400 Main Street, Suite 320
Southlake, Texas 76092
Attn: Director of Public Works
Diamond Shamrock Refining and
Marketing Company
6000 North Loop 1604 West
San Antonio, TX 78249-1234
Attn: Vice President - Pipeline
Operations
TO SHAMROCK:
The Shamrock Pipe Line Corporation
6000 North Loop 1604 West
San Antonio, Texas 78249-1234
Attn: Vice President - Pipeline
Operations
7. Grantee shall pay all taxes which may be levied or assessed on the installation, use and
operation of the right-of-way or ownership of the improvements located thereon, and
Grantee further agrees to promptly reimburse Grantor for the amount of any taxes which
may be assessed against Grantor by reason of Grantee having installed the sanitary sewer
line and related appurtenances upon the real estate of Grantor covered by this Permanent
Sanitary Sewer Line Easement.
8. This is not a conveyance of the real estate included within this instrument, nor of any
interest in the oil, gas, and other minerals in, on, or under the real estate covered hereby,
but is a grant solely of the right-of-way and easement as described above.
9. Prior to the start of any construction or repair work within the Permanent Sanitary Sewer
Line Easement, the following insurance coverage must be obtained Grantor, The
Shamrock Pipe Line Corporation, and their respective subsidiaries, affiliates, successors,
and assigns, including their officers, directors, and employees, as additional insureds on
all policies required herein (except Worker's Compensation):
Southlakc Dedication Fmnt - Sanitary Sewer (Final).doc
(A) From the GRANTEE (i.e., the City of Southlake, a home rule municipal
corporation of the County of Tarrant, State of Texas) directly (or to be placed by
and for the benefit of the city): Long-term comprehensive general liability
insurance coverage with a limit of $2,000,000 per occurrence, which will also
include an endorsement for both "sudden and accidental loss" and "gradual
pollution coverage."
(B) From each contractor and subcontractor retained by GRANTEE to work on, over,
under, or in close proximity (i.e., within 20 feet) of the area covered by the public
easement, the following:
At all times while performing under this Sanitary Sewer Line Easement, each
contractor (and any subcontractors) retained by or on behalf of the GRANTEE
shall carry and maintain with insurers and on terms satisfactory to GRANTOR,
The Shamrock Pipe Line Corporation, and their respective successors and assigns,
the following insurance:
(i) Worker's Compensation and Employers' Liability insurance covering all
employees as required by state and federal laws, and Employers' Liability
insurance with a limit of$IOO,OOO per occurrence;
(ii) Comprehensive General Liability insurance including Premises-
Operations, Contractual Liability (for any contracts with Valero),
Independent Contractor and Products-Completed Operation Liability,
XCU coverage, with policy limits of not less than $500,000 per
occurrence;
(iii) Automobile Liability insurance covering all Contractor's owned, hired and
non-owned vehicles for limits of $500,000, each accident - Single Limit
B.I. and P.D. combined; and
(iv) Excess Umbrella Liability insurance with a limit of $2,000,000 per
occurrence covering excess Employers' Liability, Comprehensive General
Liability and Automobile Liability.
With respect to all of the insurance provided for in this paragraph, each affected
contractor and subcontractor shall waive, or shall cause its insurer(s) to waive, any right
of subrogation that such insurer(s) may have or may gain in connection with or related to
work or service of such contractor and subcontractor done under or otherwise associated
with this Sanitary Sewer Line Easement. Each contractor and subcontractor shall also
name GRANTOR, The Shamrock Pipe Line Corporation, and their respective
subsidiaries, affiliates, successors, and assigns, including their officers, directors, and
employees, as additional insureds on all policies required herein (except Worker's
Compensation), and such policies shall provide the additional insureds with the same
coverage as provided to the named insured under such policies. There shall be no gap in
the dollar value of the additional insureds' coverage under the above policies from the
South lake Dedication Emnt - Sanitary Sewer (Final).doc
policies' deductible amounts up to the $2,000,000 limit. GRANTEE is responsible for
furnishing to GRANTOR, before performing any work hereunder, certificates of
insurance (a) evidencing such insurance and such waiver, and (b) containing the
unequivocal agreement on the part of the insurer to notify GRANTOR of the cancellation
or any material change in said coverage at least 30 days before the effective date of such
cancellation or change.
GRANTOR reserves the right to review the types and amounts of coverage at least once
every calendar year, and make any reasonable adjustments to such requirements as it
determines are both necessary and consistent with GRANTOR's own then-current
business practices and risk management policies. GRANTOR shall promptly provide
GRANTEE with written notice of any such adjustments which, in turn, shall be
responsible for imposing such insurance requirement, as modified, on each affected
contractor and subcontractor.
South lake Dedication Emnt - Sanitary Sewer (Final).doc
EXHIBIT "E"
Proiected Sanitary Sewer Line Profile
South lake Dedication Fmnt - Sanitary Sewer (Final).doc
D203110576
CITY OF SOUTHLAKE
1400 MAIN ST #270
SOUTHLAKE TX 76092
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
I 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
OFF I C I A L R E C E I P T
T 0:
CITY OF SOUTHLAKE
RECEIPT NO
203253856
REGISTER
DR93
RECD-BY
D W
PRINTED DATE TIME
04/01/2003 09:20
1
INSTRUMENT FEECD
D203110576 WD
INDEXED TIME RECVD
20030401 09:20 CG
TOT A L
DOCUMENTS: 01
FEE S:
57.00
&-
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.