A-522 (Arvida)
A G R E E MEN T
THE STATE OF TEXAS }
}
COUNTY OF TARRANT}
THIS AGREEMENT is entered into by and between
(1) ARVIDA/JMB PARTNERS, L.P. II, Delaware Limited Partnership,
acting by and through its duly authorized general p~rtner,
Arvida/JMB Managers- II, Inc, an Illinois Corporation, hereinafter
referred to as AArvida-, and (2) Mary Stone Myers, Independent
Executrix for the Estate of A.C. Stone, deceased, and Kippy Myers,
Independent Executor for the Estate of Audrey Stone, deceased,
hereinafter collectively referred to as the "Stone EstatesR.
WHEREAS, Arvida is the owner of a tract of
land located at the northeast corner of F.M. 1709 and Peytonville
Road within the City of Southlake, Texas, more particularly
described as a 20.a4 acre tract of land out of the A.A. Freeman
Survey, Abstract 522; and
WHEREAS The Stone Estates are the owners of a
tract of land located at the Northwest corner of F.M. 1709 and
Peytonville
Road in the City of
Southlake,
Texas,
more
particularly described as a 40.0 acre tract of land out of the
Benjamin J. Foster Survey, Abstract #519, Tract lCi and
. . .
WHEREAS Arvida has developed a portion of the
above described property known as Phase I, Southridge Community
Addition to the City of Southlake,
which has been or is being
. . . . ' .
developed with certain community
inch (aR) sanitary sewer maini and
facilities, including an eight
WHEREAS under the City's sanitary sewer plan,
the above eight inch (an) sanitary sewer main is proposed to be
extended across Arvida's commercial property to the east right-of-
way line of Peytonville Roadi and
WHEREAS any extension of said sewer line
aCt066 property owned by Arvida must be installed in order to
serve the remaining portions of its propertYi and
WHEREAS said extension of the sewer line
across
portions of Arvida property must be accomplished in
09862
order cpr'
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for the Stone Estates to develop their property with sewer
service; and
WHEREAS the parties hereto desire to enter
into this Agreement to outline their respective agreements and
obligations with regard to installation of the sewer line.
NOW,
THEREFORE,
KNOW ALL MEN BY
THESE PRESENTS:
I.
The parties hereto understand and agree that
under Southlake development policies, an eight inch (8-) sanitary
sewer main. must be installed in and along portions of property
owned by Arvida, as more particularly delineated on Exhibit 'A',
attached hereto and incorporated herein.
Under City development
procedures, the sanitary sewer line may be installed by either
party.
The parties hereto further understand and agree that the
installation
of said sewer line will conform to all City
regulations and specifications.
II.
In the event said sewer line is installed by
Arvida, Arvida agrees to install the line in its entirety as
shown on the attached plat stubbing out at the east R.O.W. line
of Peytonville Road, and to accomplish said installation in
accordance with all City regulations and specifications.
In' .
addition, Arvida agrees that said sewer will be built at the
minimum slope for an eight inch (8A) line according to said
regulations and specifications.
III.
.. .
In the event that the Stone Estates 'install
. '.. ...
the sanitary sewer line across Arvida's property, the following
agreement shall apply.
Within thirty (30) days of receipt of a
bill from the Stone Estates, Arvida shall promptly pay one-half of
the actual construction costs incurred by the Stone Estates for
the installation of that portion of the sanitary sewer line across
Arvida's property; provided, however, it is agreed that Arvida's
obligation shall be limited to $8,000.00 toward said costs. Said
actual construction cost shall be reasonable and shall be based
upon City requirements.
The bill may be sent by the Stone
09862
Estates cI'
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to Arvida at any time after completion
sewer line by the City.
Said bill to be sent to the following address:
and acceptance of said
ARVIDA/JMB PARTNERS
15303 Dallas Parkway
Suite 590
Dallas, Texas 75248
IV.
Arvida agrees to dedicate to the City a
fifteen (15) foot permanent utility easement
and a thirty (30)
foot temporary construction easement on the east and south of the
permanent easement for the construction of the sanitary sewer
line. Said easement is more particularly delineated and shown on
Exhibit IAI.
Arvida agrees to take no deliberate action to
impede the Stone Estates from connecting to the Big Bear
Interceptor.
v.
This Agreement will be binding upon the
parties hereto and their heirs and~9ns.
Executed this day of ~1990
Tarrant County, Texas
ARVIDA/JMB PARTNERS, L.P. - II
a Delaware Limited Partnership
V DA/JMB MANAGERS -II INC.
dent
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My Commission Expires:
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BEFORE ME, the undersigned authority, on this day
personally appeared Bruce E. Smith, Vice President of Arvida/JMB
Managers II, Inc., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed. ~
~VEN under my hand and seal of office on this the ~day
of , 1990.
....
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A. A. FREEMAN .2URVEY, A-522
B. J. FOSTER SURVEY I A-519
POI NT OF COMMENCING
PEYTONVI LLE
Arling ton Surveying 8 Mapping
Public Surveyors
ARVI OAf J.M.B. PARTNERS,L.P'-ll
TRACT
EXHIBIT B
201lEAST LAMAR, SUITE 200 460-2111
ARLINGTON 0 TEXAS 76006 METRO 26~ -7946
PROR TEMR 30.
CONSTRUCTION
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SOUTHRIDG~PARTNERS) L.P.
V. 9563, P. 548 - D.R.T.C.T.
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S00008'56"E-67.5'Ot.' ,
POINT OF BEGINNING
AVEN U E (VARIABLE WIDTH R.OW)
REV. 02/16/90- CHANGED OFF-SET BY: D.MW.
REV 01/05/90-CHANGED NAME IN TITLE BLOCK BY:D.MW.
REV 01/02/90- CHANGED OFF-SET BY: D.MW.
I certify that this is a
true and accurate
representation of this
survey as nu:ie on the
ground and that there
are no visual encroachm.."T1ts
except as shown.
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* * * * * * * * * * * * * * *
MARY STONE MYERS,
Independent Executrix for the
Estate of A.C. Stone, Deceased
BY:M~~~
BEFORE ME, the undersigned authority, on this day personally
appeared MARY STONE MYERS, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me that she executed the same for the purposes and
considerations therein expressed.
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the ~ day of
GIVEN under my hand and seal of office on this
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My Commission Expires:
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* * * * * * * * * * * * * *
KIPPY MYERS,
Independent Executor for the
Estate of Audrey Stone, Deceased
~~
By: ~
Kip My s
BEFORE ME, the undersigned authority, on this' day personally
appeared Kippy Myers, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to 'me
that he executed the same for the purposes and co~s~de~atiQn
therein expressed. /I_~
~f.E_. ~nder my hand and seal of office on this LV' day of
l. ----=:'kJh , 1990.
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EXHIBIT 'A'
Arvida Easement
CITY OF SOUTH LAKE
STANDARD UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That (I) (We), ARVIDA/JMB PARTNERS, L.P.-II, for and in
consideration of the sum of Ten ($10) Dollars and other good and
valuable consideration in hand paid by Grantee herein, the receipt
and sufficiency of which is hereby acknowledged and confessed, have
granted, sold and conveyed, and by these presents do grant, sell
and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant
County, Texas a permanent and perpetual easement for the purpose
of installing, repairing, maintaining, altering, replacing,
relocating, and operating utilities in, into, upon, over, across
and under that land in Tarrant County, Texas described as follows,
to-wit:
Permanent 15 foot Wide utility Easement:
See attached Exhibit IC' for metes and bounds description
See attached Exhibit 'B' for Graphic depiction
See attached Exhibit '0' for Conditions for granting easement
together with the right of ingress and egress as necessary for such
purposes, and an additional contiguous temporary construction
easement for a period of one (1) year, time for such temporary
construction easement to begin when construction starts and to
continue until 120 days after the final acceptance by the City of
Southlake, for the purpose of installing utilities on the property
known and described as follows, to-wit:
Temporary 30 foot Wide Construction Easement:
Immediately adjacent to the above described easement in a
configuration as shown on the attached Exhibit 'B'.
Arvida warrants that the sewer line is indeed stubbed out to
the south east corner of Lot 24 Block 3 as shown on the attached
plat, Exhibit IB'.
Such temporary and permanent easements shall include the right
to excavate upon such property, but Grantee shall replace any
fences or other fixtures upon said property without cost to
Grantor, and shall restore the property, the subj ect of the
temporary and permanent easements, as nearly as possible to its
condition prior to entry thereon.
TO HAVE AND TO HOLD the above described permanent easement,
together with all and singular, the rights and appurtenances
thereto, anywise belonging unto the said Grantee, its successors
and assigns forever; and I/We do hereby bind myself/ourselves,
my/our heirs and assigns forever; to warrant and to forever defend
all and singular the premises unto the said Grantee, its successors
and assigns, against every person whomsoever lawfully claiming or
to claim same or any part thereof, by, through or under Grantor,
but not otherwise.
09862
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A.A. FREEMAN ..~URVEY. A-522
B. J. FOSTER SURVEY, A-519
POI NT OF COMMENCING
PEYTONVILLE
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800008'56" E - 67.5'Ct...
POINT OF BEGINNING
AVEN U E (VARIABLE WIDTH R.Ow.)
REV. 02/16/90- CHANGED OFF-SET BY: D.MW.
REV. 01/05/90-CHANGED NAME IN TITLE BLOCK BY: D.M.w.
REV 01/02/90- CHANGED OFF'SET BY'D.MW.
2011 EAST LAMAR. SUITE 200 460-2111
ARLINGTON, TEXAS 76006 METRO 26~ -7948
Arling Ion Surveying a Mapping
Public Surveyors
ARVI DAf J.M.B. PARTNERS,L.P.-II
TRACT
EXHI BIT B
I certify that this is a
true and accurate
representation of this
survey as mxIe on the
ground and that there
are no visual encroachrrents
except as shown.
Exhibi t c
02/16/90
ARVIDA/J .M.B.PARTNERS, L.P. - II
BEING a tract of land out of the A.A. Freeman Survey,
Abstract 522, and being a portion of a tract owned by
Southridge Partners, L.P. according to the deed recorded
in Volume 9653, Page 548, DRTCT, and also being the
centerline of a 151 wide utility easement, and being
more particularly described by metes and bounds as
follows:
COMMENCING at a point being in the east right of way
line of Peytonville Avenue, said ,point also being the
northwest corner of said Southridge Partners,
L.P. tract, said point also being S89032IOO"W, a
distance of 40.00 feet from the most west, southwest
corner of Southridge Addition, Phase I, as recorded in
Cabinet A, Slides 263 and 264, DRTCT;
THENCE 800008156" E along the east right-Of-Way line of
said Peytonville Avenue for a distance of 67.50 feet to
the POINT OF BEGINNING of the 151 wide utility easement
centerline herein described;
THENCE N89032IQQ"E for a distance of 804.45 feet to a
centerline deflection point;
THENCE N03017IQQ"E for a distance of 67.64 feet to a
centerline point being in the south line of said
Southridge Addition, Phase I.
09862
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EXHIBIT "D"
CONDITIONS FOR GRANTING SEWER LINE EASEMENT
1. The proposed sanitary sewer line to be constructed within the
subject easement shall be constructed so that the subject property,
known as the Arvida Commercial Tract, will have sewer service for
future development. If the sewer line is constructed by an entity
which is not an Arvida affiliated entity, then the following will
apply.
2. Prior to the start of any clearing, the City of Southlake
delineate the proposed 30 foot wide working, and 15 foot
permanent sanitary sewer easement limits on a minimum -100
spacing in areas to be cleared.
will
wide
foot
3. All trash and tree debris will be disposed of off-site.
burning will be permitted on this site.
No
4. Every effort will be made to preserve the trees that are
existing on the property on the date this instrument is executed.
Whenever and wherever feasible the line will be re-routed to save
large trees. Care will be taken to preserve the root system as
well as the trunk and limbs. Any tree which is unreasonably lost
will be replaced with a comparable tree or trees, at no expense to
owner.
5. Gates will not be left open, but will be immediately closed.
Fences will be kept in a "stock proof" condition in order to
prevent cattle from straying. Any fences which must be interrupted
will be restored to equal or better condition than when they were
interrupted.
No test holes, trenches or other situations which could cause
harm to animals will be left unattended without sufficient
restraints or barriers to protect cattle, etc. Test holes and
trenches will be timely filled with proper type and amount of sand
and soil, which will be compacted to retard settling which could
cause harm to cattle.
6. Barriers will be provided to bar the public from entering the
property at construction access points. All fences will be
permanently reinstalled or replaced upon the completion of the
original construction.
7. All construction areas are to be restored to original grade
and seeded appropriately to revegetate disturbed areas. Adequate
erosion control measures are to be adopted to prevent short or long
term erosion of the disturbed areas.
From time to time, for a period of two (2) years after the
initial construction is completed, the City will insure the return
of the contractor to fill and compact the trenches in such a way
as to level the land back to natural grade, compensating for normal
settling.
8. The City agrees to hold the Contractor responsible for any and
all losses and/or liability claims experienced because of failure
to abide by these requirements, such as, but not limited to,
vehicle accidents caused by the straying of cattle onto roadways.
9. Two years after the acceptance of the construction of the
sanitary sewer line by the City of Southlake, all terms and
conditions in this Exhibit "D" will expire and will become null and
void.
09862
0021
Executed thi~~~~~~~~~-- 1990
Tarrant County, Texas
ARVIDA/JMB PARTNERS, L.P. - II
a Delaware Limited Partnership
ERS -II INC.
t
BEFORE ME, the undersigned authority, on this day
personally appeared Bruce E. Smith, Vice President of Arvida/JMB
Managers II, Inc., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration
therein expressed. ~ "
(y~VEij under my hand and seal of office on this the ,~ day
of ~~~ , 1990.
NoaYcfa::]~~
State of Texa.
~
My Commission Expires:
Jd-t/Cj;)
name)
* * * * * * * * *
Accepted by the City of Sout:hl~lceJ t.hia Lday of lJZ({~V~
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Bylf7;1LIA 1c zf tlut1-uJ
Title &1 ~{U!!:4
for the C" of Sou
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