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A-1207 (IBM) \\ OFFICIAL RECORD SANITARY SEWER UTILITY EASEMENT THE STATE OF TEXAS 9 9 COUNTY OF TARRANT S KNOW ALL MEN BY THESE PRESENTS: THAT, INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation ("Grantor"), for and in consideration of the sum of TEN AND NOll 00 DOLLARS ($10.00) Dollars and other good and valuable consideration to Grantor in hand paid by the CITY OF SOUTHLAKE, a Texas municipal corporation, situated in the County of Tarrant, State of Texas ("Grantee"), the receipt of which by Grantor is hereby acknowledged, has granted and conveyed, and by these presents does grant and convey, to the Grantee, a non-exclusive easement (the "Ea:::ement") for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating sanitary sewer utilities (the "Sanitary Sewer") in, into, upon, over, across and under that land in Tarrant County, Texas, more particularly described as follows: See attached Exhibit "A", which is attached hereto and incorporated herein, for a metes and bounds description together with the right of ingress and egress as necessary for such purposes~ See attached Exhibit "B", which is attached hereto and incorporated herein, for a graphic depiction. TO HAVE AND TO HOLD the above described Easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns, for so long as this Easement is used for the purposes set forth herein~ and, subject to any and all easements, rights, restrictions and encumbrances filed of record in the real property records of Tarrant County, Texas, or which an on-the-ground inspection would reveal, and subject to the following reservation, stipulations, terms and conditions, to-wit: 1. Grantee agrees that the Sanitary Sewer shall be installed and maintained in accordance with its own zoning codes and permits, including but not limited to the tree preservation ordinance, for the City of Southlake, State of Texas, and with all applicable state and federal laws, codes and permits, including Federal wetland laws. 2. Grantor reserves itself, its successors and assigns, all rights in and to the Easement to use and enjoy the same for any purpose not inconsistent with the purpose for which this Easement is granted, including, without limitation, the right of Grantor to plant, remove or install landscaping, plants, grass, signs, fences, posts, lights, asphalt, concrete, tar or similar material so as to use the surface area of the Easement for streets, curbs and driveways, subject to the rights herein granted and so long as Grantor does not interfere with the Sanitary Sewer. In the event Grantor, in its use of the Easement, causes damage to the Sanitary Sewer, Grantor shall reimburse the City for the cost to repair the Sanitary Sewer. 174087 .3/SP3/l 7\ 011710/04\498 1 ,,"""....,...,.~~,.,_.- .__. --",~,-'-''''''--'-'''''~~-''''-'-'''-'"---~----- 3. Upon completion of any construction, repairing, removing or inspection of, or any maintenance to, the Sanitary Sewer or the Easement, Grantee shall and hereby agrees to repair and restore the affected area to at least as good a condition, or as otherwise reasonably approved by Grantor, as the area was in prior to the commencement of any such construction, repairing, removing, 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 agree.:; that, in the construction, maintenance wid operation of the Sanitary Sewer, no hazardous materials or hazardous substances, as defined under applicable federal, state, or local law, as such laws now or hereinafter exist ("Hazardous Materials"), shall be used, stored, generated, released or be disposed of in violation of such applicable law. If, Grantee generates, releases or discharges any Hazardous Materials in constructing, inspecting, repairing, maintaining, replacing, changing, removing or operating the Sanitary Sewer, then the Grantee shall be solely responsible for any cleanup, remediation, removal or restoration mandated by applicable law; Grantor shall have the right to reasonably approve any method or remediation to the extent such remediation involves land owned by Grantor, its successors and assigns. Grantee shall not be responsible for the cleanup, remediation, removal or restoration costs resulting from the release, use, or storage of Hazardous Materials on the Easement, or other property owned by Grantor, before the date of execution of this Easement. Grantee shall provide written notice to Grantor of the discovery of any Hazardous Materials in, on or under the Easement, within five (5) calendar days of such a discovery. 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 or repair of the Sanitary Sewer. 7. Grantee shall use diligent efforts to complete all excavation and construction necessary for the installation of the Sanitary Sewer on or before December 31, 1998. The Easement shall exist until the city permanently abandons the premises, in which event said Easement shall cease, terminate and revert to Grantor,.its successor.:; fuid assigns. 8. This grant of the Easement is made expressly subject to any and all easements, rights of way, restrictions 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 inspection would reveal. 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. 174087.3/SP3/171011710/041498 2 _...._,____..__.__...............-.....-~-'4--."'.~-----..-----..-~' :E;." IN WITNESS WHEREOF, the Grantor has executed this instrument as of the date and year first written above. INTERNATIONAL BUSINESS MACHINES CORPORATI01~y , V By: Name: Name: J. RobbMa 0 Director of US Real Estate Operations and Investments ACCEPTED AS TO FORM AND SUBSTANCE BY: By: Name: Title: 174087 .3/SP3/171 0/171 0/041498 3 --. <._._'"...._--'"".;.,-------_.....-.,._....-_.,.."""-_.;--~. STATE OF4tw" 11~-(,lr~ ~ COUNTY OF 'lI,J;Uhi 9 . Before me F Jl'''-..~~ on this day personally appeared (f t2~ Jf-t.Ht2. , known ~;Ume to be the person whose name is subscribed to the foregoing instrulnent and acknowledged to me that he or she executed the same on behalf of International Business Machines Corporation, a New York corporation, for the purposes and consideration therein expressed. Given under my hand and seal of office this C( 0 day of fi~ , 1998 A.D. F 1/J_u ..L0~ Not Public in and for al County and State My Commission Expires: f, MAUREEN Burrv Notary Public. State of New York No.020U4915342 Qualified in,Westchester COUntYgej. Commission Expires November 30. 1 Recorder, please return file stamped copies of this instrument to: Grantee at: City of Southlake c/o Sandra LeGrand City Secretary 667 N, Caroll Ave. Southlake, IX 76092; and Grantor at: Strasburger & Price, L.L.P. c/o David Pratt, Esq. 901 Main Street, Suite 4300 Dallas, IX 75202 1740873/SP3/171O/1710/041498 4 SANITARY SEWER EASEMENT Being a tract of land situated in the R. D. Price Survey, Abstract No. 1207, Tarrant County, Texas and being a portion of that tract of land as described in Special Warranty Deed to INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM) as recorded in Volume 12782, Page 109 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found with Carter & Burgess cap at the southeasterly comer of said IBM tract and being the northeasterly comer of the 300 CONVENT STREET CORPORATION tract as recorded in Volume 12782, Page 110 of the Deed Records of Tarrant County, Texas and also being on the westerly right-of-way line of White Chapel Road (variable width right-of-way); THENCE South 20 degrees 48 minutes 02 seconds West:. departing the westerly right-of-way line of said White Chapel Road and along the common line of said IBM tract and said 300 CONVENT STREET tract:. a distance of 327.64 feet to the POINT OF BEGINNING; THENCE South 20 degrees 48 minutes 02 seconds West. continuing along the common line of said ffiM tract and said CONVENT STREET tract a distance of 46.66 feet to the beginning of a non-tangent curve to the right having a central angle of 06 degrees 20 minutes 28 seconds, a radius of 685.00 feet and being subtended by a chord bearing North 03 degrees 11 minutes 09 seconds West a chord distance of75.77 feet; THENCE, along said curve in a northeasterly direction, an arc distance of75.81 feet to the end of said curve; THENCE North 00 degrees 00 minutes 56 seconds West. a distance of 322.22 feet to a point for a comer on the southerly line of the Denton Creek Regional Wastewater System Pump Station Site; THENCE North 89 degrees 56 minutes 04 seconds East:. along the southerly line of said Pump Station Site, a distance of20.00 feet to a point for a comer; THENCE South 00 degrees 00 minutes 56 seconds East:. departing the southerly line of said Pump Station Site, a distance of 322.24 feet to the beginning of a curve to the left having a central angle of 02 degrees 45 minutes 42 seconds, a radius of 665.00 feet and being subtended by a chord bearing South 01 degrees 23 minutes 46 seconds East a chord distance of 32.05 feet; THENCE, along said curve in a southeasterly direction, an arc distance of 32.05 feet to the POINT OF BEGINNING and CONTAINING 0.1729 of an acre of land, more or less. For Huitt-Zollars, Inc. <J~YO~_n ~ ~ Eric J. oudy Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 3 I 31 McKinney Ave. Suite 600 Dallas, Texas 75204 Tele.214-871-3311 \ ... '2.2. '1 ~ Date: January 20, 1997 Sheet I of 2 J:\survey\2187\0 1 \wp\ssesmtJ.doc 1/16/98 -,---- ....--. ._... ----..._-"......_-------_."----_.'...,,.~.,....,_._._".,,~~.."""'-'*.'", I III~ I!'~ l:f~/' r III ^^~ --~ :::'~ :.:;; :0. : : . . ..G ui : ;,~ ... ':; =.,. ;~,ii. ! ,~ .'A ,~J .~ ~.~ , ~"'-.. ", .. ~S~ ~ C/.) ~ j-< oc: ~ % !~~~ ;:i ! !/! 0 ~ I: gl!"'2 _ t lio-< "( ~>l~~ -< ~ ~.. Iii ;: ~m;l ~ ~~" ~! -<2 ~ Ui il~ e; ..... :Ii! ;i ~ ~ iil -.. ~~ z o ~ '~ , C> ~ -s. '" .. '\ . , .. "0. ~ ~~ ~n ~fi c_", ~~~ n~~ ...~i! ~: ~~ .. o .. o ! o .. .t~ i h U 5! i 0' 0' ~ ~& 1= I ~d >: ~n c- ~~!i ~ ~~i1: - ~ -;:i! - 1.l~1 ~ } ~ ih , - ~ .. 1;;11( . . I(l ~/.! I I ~ '" .,-r Zl o. ~ V> .. ~ ~ ! !1 ~ .. ~ ~ \,' / ~.~ ~ c.~ . I ".', ~;ii ~~.. "~':"'-- ~!~ iil~ ~', ~ '~il " ---- ~~i ~.J ~. l\~ ~ c" I ... :---..----.J ~~ ~~; -~---- ~ .....~ ,..... "fI..~. ~~i~~ ~:"d ll!o~1l =~==2 ~i~~~ o oleo lt~~~ ~~i~! "'i . >Ij;1~tll _0.0(0(3 J>z~-! b:;li -~o>l. nll\ g~ h~d ~~I~i '= :l~'; :. ~ ~ -- ~...~ ~----.._----- -----,-----._---- D198104319 CITY OF SOUTHLAKE 667 N CARROLL AVE 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 198212263 REGISTER DR96 RECD-BY T003957 PRINTED DATE TIME 05/15/98 09:40 1 INSTRUMENT FEECD D198104319 WD INDEXED TIME 980515 09:40 CG TOTAL DOCUMENTS: 01 FEE S: 19.00 B Y: ANY PROVIS N WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.