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/ STATE OF TEXAS
NON-EXCLUSIVE
EASEMENT AGREEMENT
COUNTY OF TARRANT
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KNOW ALL HEN BY THESE PRESENTS:
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That International Business Machines Corporation
("Grantor"), a New York corporation qualified to do business in
the state of Texas, for and in consideration of the sum of Ten
and NO/100 Dollars ($10.00) and other good and valuable
consideration in hand paid to it by the City of Southlake
("Grantee"), a municipal corporation, has granted, sold and
conveyed, and by these presents does grant, sell and convey unto
Grantee a non-exclusive easement and right-of-way for a water
line which Grantee shall cause to be installed underground only,
across and under all that certain land in Tarrant County, Texas,
more particularly described as follows:
see Exhibit "A" attached hereto and incorporated
herein by reference
(the "Property") together with the right of ingress and egress
over and along the Property for the purpose of constructing,
operating, improving, reconstructing, repairing, relocating,
inspecting, maintaining, and removing one water line as Grantee
may from time to time find necessary, convenient or desirable to
install thereon, including the right to trim and cut down trees
and shrubbery to the extent necessary to prevent 'interference
with the operation of the water line or to remove possible
hazards thereto, except that Grantee's power to cut down trees
and shrubs shall be exercised to minimize any damage to existing
trees or shrubbery to the extent possible and shall replace any
trees or shrubbery which Grantee cuts down, removes, destroys, or
kills.
Grantor shall retain the right to place or construct
improvements on the Property, including fences, walls, roads,
streets, sidewalks and other structures not intended for human
habitation, trees and shrubbery and other utility easements of
every nature, without the prior written consent of Grantee. In
addition to the consideration recited above for the easement and
right-of-way hereby granted, Grantee will replace or repair the
water line as necessary or appropriate.
The rights hereby granted may not be assigned by Grantee
either in whole or in part.
Grantee's right to layout, dedicate, construct, maintain
and use the Property is limited solely to an underground water
line.
For and in consideration of Grantor's grant of said
easement, Grantee agrees that Grantee's construction, operation,
improvement, reconstruction, repair, inspection, maintenance,
relucation or removal of the water line shall be at no cost to
Grantor except for those funds previously delivered to Grantee
and accepted by Grantee as Grantor's sole monetary contribution
for this water line.
In addition to the consideration recited above for the
easement and right-of-way hereby granted, Grantee will pay to the
owner of the Property, and if leased, to his tenant, as they may
be respectively entitled, for such actual, nonreparable damage as
is done to landscaping and improvements by reason of the
construction, maintenance or removal of said water line.
To have and to hold the above-described easement and rights
unto the said Grantee and its successors until said water line
shall be abandoned, and, in such event this easement and right-
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09379
1784
of-way shall cease, all rights herein granted shall terminate and
revert to Grantor, it successors and assigns, and Grantor hereby
binds itself, its successors and assigns, to warrant and forever
defend the above-described easement and rights unto Grantee and
its successors against every person whomsoever lawfully claiming
or to claim the same or any part thereof.
Grantee's right to use said easement is not exclusive and
Grantor, its successors and assigns, may allow the easement to be
used by such other parties and in such other manners as it deems
appropriate, including, but not limited to, the right to cross
same with roads, streets, sidewalks, other utility easements and
telecommunications lines, equipment and facilities.
This grant is made subject to any and all other easements,
encumbrances, liens, or other rights in and to third parties
and/or Grantor as shown of record in the Real Property Records of
Tarrant County, Texas, which shall include but not be limited to
the Deed Records, Deed of Trust Records, tax lien records, and
any and all other records maintained by the Tarrant county Clerk.
,--
EXECUTED as of the J;()
day of
{/?LV
, 1988.
IN RNATIONAL BUSINESS
MACHINES CORPORATION, a
New York corporation
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By:
Title:
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i~\r'
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m~ Ma~
Manager of Business Analysis
Real Estate and Cons ion
Atte5t,fiJutt~ ~& Iw-v-j
I City Secretary
STATE OF C:(ltlN((;fJa,('(~
~
COUNTY OF fA/mEt(} ~
This instrument was acknowledged before me on this
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of ~V?,,~~ , 198~, by <4, "J' t'..(. t'
~ , on behalf of International Business
c09'oration.
UI~~'r[~t~~/IJ?:~
and Consttuction SDllff
;Z/.5( day
, its
Machines
II 1>7"1 ~'s
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Notary Public, tate of ~eua~.J." J-.
(,.~tl~~ It t<.l
Notary's Printed Name:
ROBERT c. HANSON
NOTARY PUBLIC
MY COMMISSION EXPIRES MARCH 31. 1992
[SEAL]
My Commission Expires:
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09379
1785
STATE OF TEXAS ~
~
COUNTY OF TARRANT ~
T .
instrument was acknowledged before me on this ~C; day
, 1988, by , of the City of
mun~cipal corporation, on behalf of said municipal
of
Southl
corpor
[ SEAL]
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of Texas
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Notary's Printed Name:
----)
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My Commission Expires:
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,
Ed Walts
Strasburger & Price
P.O. Box 50100
Dallas, Texas 75250
Mailing Address of Grantee:
City of Southlake
667 N. Carroll
Southlake, Texas 76092
AFTER RECORDING RETURN TO:
TKD6
113087
45696-171
-3-
09379
1786
EXHIBIT "A"
BEING A 20 FOOT WIDE UTILITY EASEnENT SITUATED IN THE J.B.
"ARTIN SURVEY. ABSTRACT NO. 1134. TARRANT COUNTY. TEXAS AND
THAT CERTAIN TRACT OF LAND CONVEYED TO INTERNATIONAL BUSINESS
nACHINES CORPORATION BY SPECIAL WARRANTY DEED RECORDED IN
VOLUnE 8153. PAGE 481. COUNTY RECORDS. TARRANT COUNTY. TEXAS.
AND BEING nORE PARTICULARLY DESCRIBED BY nETES AND BOUNDS AS
FOLLOWS:
BEGINNING AT THE "OST SOUTHERLY SOUTHEAST CORNER OF SAID
CERTAIN TRACT. SAID CORNER BEING ON THE NORTH LINE OF DOVE ROAD
(COUNTY ROAD 3088. CALLED 60 FOOT WIDE) AND THE SOUTHWESTERLY
RIGHT-OF-WAY LINE OF STATE HIGHVAY NO. 114 (220 FOOT WIDE);
THENCE NORTH 89 DEGREES 30 nlNUTES 34 SECONDS WEST. ALONG SAID
NORTH LINE 360.73 FEET TO THE SOUTHWEST CORNER OF SAID CERTAIN
TRACT;
THENCE NORTH 02 DEGREES 38 nlNUTES WEST. ALONG THE WEST LINE OF
SAID CERTAIN TRACT. 20.03 FEET;
THENCE SOUTH 89 DEGREES 30 nlNUTES 34 SECONDS EAST. 375.87 FEET
TO A POINT ON SAID SOUTHWESTERLY RIGHT-OF-WAY LINE;
THENCE SOUTH 35 DEGREES 35 nlNUTES WEST. ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE. 24.44 FEET TO THE POINT OF
BEGINNING. ENCOnPASSING 0.169 ACRES OF LAND. nORE OR LESS.
09379
1787
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SCALE
AN EXHIBIT OF
OD 169 ACRE
20' W1DE
UTIL1TY EASEMENT
f3fl CARTER II BURGESS, I Ne.
, _ ENGINEERS. PLANNERS EXHIBIT -A-
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1IlD~ ClI. JOB NO. F 184066435
DATEI2-JAN-S8 SHT. NO.
DRAWN J. T. M.
DESIGNED
CHECKED J. T. M.
09379
1788
200
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