A-1134 (MTP-IBM)
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NON-EXCLUSIVE
EASEMENT AGREEMENT
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s'rATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That MTP-IBM Phase II and III Joint Venture ("Grantor"), a
Texas general partnership 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.
'fhe 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, recons 1.:ruc.LloH, repai i: I inspection, maint(~nance,
relocation or removal of the water line shall be at no cost to
Grant.or 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 construction 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 right
unt.o the said Grantee and its successors until said water line
shall be abandoned, and, in such event this easement and
09379
1771
right-af-way shall cease, all rights herein granted shall
terminate and revert to Grantor, its 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 use or allow the
easement to be used by such other parties and in such other
manner as Grantor 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 ~ day Of~' 1988.
MTP-I~ Ph~e II and III Joint
Venture, a Texas general
partnership
By: Maguire/Thomas Partners -
Dallas, Ltd., a California
limited partnership,
General Partner
By:
By:
Its:
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09379
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STATE OF TEXAS ~
COUNTY OF DALLAS ~
This instrument was acknowledged before me on June 30
1988, by Richard I. Gilchrist , Vice-President ,
of Maguire/Thomas Partners, Inc., a California corporation, which
corporation is the general partner of Maguire/Thomas Partners-
Dallas, Ltd., a California limited partnership, which limited
partnership is a general partner of MTP-IBM Phase II and III
Joint Venture, a Texas general partnership, and the said
Richard I. Gilchrist acknowledged to me that he executed the
same on behalf of said corporation, as the general partner of
said limited partnership, as general partner of said general
,partnership. ~ "
.. ~.'J NOTAR P L ~:
~' STATE 0 TEXAS
Notary's Printed Name:
,
,
Trudy N. Landon
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['$ E A L ]
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MY'COMMISSION EXPIRES:
02/02/91
STATE OF TEXAS ~
COUNTY OF TARRANT ~
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acknowledged before me on this ~day
, 1988, by , of the
municipal corporation, on behalf of said
of
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Y PUBLIC, STATE OF TEXAS
Notary's Printed Name:
/(/n EllS);
[ SEA L ]
My Commission Expires:
j/~;'{7 /90
AFTER RECORDING RETURN TO:
Ed Walts
Strasburger & Price
P. O. Box 50100
Dallas, Texas 75250
- 3 -
09379
1773
MAILING ADDRESS OF GRANTEE:
City of Southlake
667 N. Carroll
Southlake, Texas 76092
06:185280030
- 4 -
09379
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EXHIBIT "A"
BEING A 20 FOOT WIDE UTILITY EASE"ENT SITUATED IN THE J.B.
"ARTIN SURVEY. ABSTRACT NO. 1134 AND THE R. D. PRICE SURVEY.
ABSTRACT NO. 1207. TARRANT COUNTY. TEXAS. AND THAT CERTAIN
TRACT OF LAND CONVEYED TO "TP-IBn PHASE II ~ JJI JOINT VENTURE
BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 899S. PAGE 1266.
COUNTY RECORDS. TARRANT COUNTY. TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY ftETES AND BOUNDS AS FOLLOWS:
BEGINNING AT A STANDARD CONCRETE TEXAS HIGHWAY DEPARTMENT
MONunENT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE
HIGHwAY NO. 114 (220 FOOT WIDE) AND THE NORTH LINE OF DOVE ROAD
(COUNTY ROAD 3088. CALLED 50 FOOT WIDE):
THENCE NORTH 54 DEGREES 27 "INUTES 11 SECONDS WEST. ALONG SAID
NORTHEASTERLY RIGHT-OF-WAY LINE. 34.69 FEET:
THENCE SOUTH 89 DEGREES 39 "INUTES 47 SECONDS EAST. 1149.75 FEET:
THENCE SOUTH 89 DEGREES 08 "JNUTES 45 SECONDS EAST. 829.77 FEET:
THENCE SOUTH 00 DEGREES 10 MINUTES 50 SECONDS WEST. 20.00 FEET
TO A POINT ON SAID NORTH LINE OF DOVE ROAD:
THENCE NORTH 89 DEGREES 08 MINUTES 45 SECONDS WEST. ALONG SAID
NORTH LINE. 829.91 FEET:
THENCE NORTH 89 DEGREES 39 MINUTES 47 SECONDS WEST. CONTINUING
ALONG SAID NORTH LINE. 1121.32 FEET TO THE POINT OF BEGINNING.
ENconPASSING 0.902 ACRES OF LAND. "ORE OR LESS.
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09379
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AN EXHIBIT OF
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20/WIOE
UTILITY EASEMENT
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EXHIBIT wAR
DATE 12-JAN-8e SHT. NO.
DRAWN J. T. M.
DESIGNED
CHECK ED J. T. ...
JOB NO. FI84066435
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1776