MTP-IBM Addition No. 1 (Lot 3, Block A) - Easement/Right of Way
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EASEMENT AND RIGHT-OF-~FICIAL REec
STATE OF TEXAS S
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
That BRAZOS ELECTRIC POWER COOPERATIVE, INC., a Texas non-profit electric
cooperative corporation, P.O. Box 2585, Waco, McLennan County, Texas 76702-2585
(hereinafter referred to as "Grantor"), for and In consideration of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideration to it in hand paid by THE CITY OF
SOUTHLAKE, a Municipal Corporation, 667 North Carroll Avenue, Southlake, Tarrant
County, Texas 76092 (hereinafter referred to as "Grantee"), has GRANTED, SOLD and
CONVEYED and by these presents does hereby GRANT, SELL and CONVEY unto said Grantee
a temporary construction easement (hereinafter referred to as "the Temporary Construction
Easement") together with a permanent easement and right of "'lay (hereinafter referred to as "ths
PerlTianenL Easement") (together "ihe Easements") for one (1) 24" water pipeiine (hereinafter
referred to as "Grantee's Facilities") under and across that certain land in Denton and Tarrant
Counties, Texas, described in Exhibit "A" attached hereto and made a part hereof by reference
(hereinafter referred to as "the Land").
The Temporary Construction Easement is described in Exhibit "8" attached hereto and
made a part hereof by reference, and shall include the right of ingress and egress over, across,
and upon the Temporary Construction Easement for the purpose of constructing Grantee's
Facilities. A plat showing the location of the Temporary Construction Easement is attached as
Exhibit "C," and made a part hereof by reference.
The Permanent Easement is described in Exhibit "0" attached hereto and made a part
hereof by reference, and shall include the right of ingress and egress over, across, and upon the
Permanent Easement for the purpose of operating, maintaining, and removing Grantee's
Facilities. A plat showing the location of the Permanent Easement is attached as Exhibit "E," and
made a part hereof by reference.
Grantee shall bury Grantee's Facilities underground at a depth of not less than three (3)
feet below the surface of the Land.
Use of draglines, backhoes or other boom-type equipment in connection with any work to
be performed on the Land by the Grantee, its employees, agents, representatives or contractors,
must comply with Chapter752 of the Texas Health and Safety Code; the National Electrical Safety
Code; and any other clearance requirements. Notwithstanding anything to the contrary herein,
in no event shall any equipment, or part thereof, be allowed within twelve (12) feet of Grantor's
facilities situated on the Land. Grantee shall notify Grantor's dispatcher in Waco, Texas,
telephone number 254/750-6260, at least forty-eight (48) hours prior to the use of any boom-type
equipment on the Land except in an emergency.
Grantee shall locate Grantee's Facilities within the Easements so as not to interfere with
any of Grantor's facilities. Grantor specifically reserves the right to construct upon the Easements
any manner of electrical and related facilities as it deems necessary or appropriate in the future
and further reserves the right to grant other or additional easements on, over, or under the
Easements, so long as such other or additional easements or the facilities thereon do not
H :ILI BRARY\SoulhlakelAgreemenISIEsemntBrazos. wpd
PAGE 1
.
unreasonabiy :nterfere with Grantee's use of the Easements or Grantee's Facilities. In order to
protect Grantee's Facilities from future digging in the Permanent Easement, Grantee shall bury
one-by-six (1" x 6") treated lumber over and along the length of Grantee's Facilities. Said lumber
shall be buried at a depth of not less than six (6) inches and not more than twelve (12) inches
below the surface of the Permanent Easement. During construction of the water line, "magnetic
marking tape" will be applied to the water line to facilitate the locating of the water line by
electronic metal detection.
The Easements are granted upon the condition that Grantee's Facilities to be constructed
shall be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be
responsible for any costs of construction, reconstruction, operation, maintenance or removal of
the Grantee's Facilities.
Grantor shall not be liable to Grantee for any damage to the Easements or Grantee's
Facilities or parts thereof, unless caused by the willful misconduct of Grantor. its agents, servants
or employees. The Grantee, to the extent permitted by law, hereby agrees to indemnify, protect
and hold harmless the Grantor, its employees, officers, directors, members, agents, and
representatives of and from any and all claims, demands, liabilities, obligations, losses, costs,
expenses, damages, causes of action or suits for damages (including reasonable attorney's fees
incurred by the Grantor in defending itself against any such liabilities, obligations, losses, costs,
expenses or damages) whether for personal injuries (including death) or property damage arising
or alleged to have arisen, directly or indirectly, from Grantee's use, occupancy, operation or
maintenance ofthe Easements (including any additional land used in construction and emergency
situations) or Grantee's Facilities. This agreement shall inure to the benefit of any insurance
carrier that may be required to pay workers compensation benefits because of such injuries to
either of the parties' employees, independent contractors or their employees.
In addition to all other provisions hereof, Grantee shall, at its own cost and expense, be
responsible and liable to Grantor for any and all damages to the Land caused by, or in any way
arising out of the Easements and Grantee's use of the Land. Within a reasonable time after the
construction of Grantee's Facilities, or any repairs thereto, Grantee shall restore the Land to the
condition it was in prior to said construction or repairs.
Grantee shall, at its own cost and expense, comply with all applicable laws, including but
not limited to existing zoning ordinances and governmental rules and regulations enacted or
promuigated by any governmentai authority and shai: promptly execute and fuifiii all orders and
requirements imposed by such governmental authorities for the correction, prevention and
abatement of any nuisance in or upon or connected with the Land because of Grantee's use
thereof.
The Easements are further subject to all liens of record and shall continue only so long as
Grantee shall use the Easements for the purposes herein described and the same shall
immediately lapse and terminate upon cessation of such use. Upon termination ofthe Easements
for any reason, Grantee shall remove Grantee's Facilities and restore the Land to the same
condition it was in at the beginning of the term of this agreement, ordinary wear and tear for the
purpose herein authorized excepted.
Grantee shall not assign the Easements without the prior written consent of Grantor.
H :\LI BRARY\Southlake\Agreements\EsemntBrazos. wpd
PAGE 2
TO HAVE AND TO HOLD the above described Easements and rights unto the Grantee,
its successors and assigns, forthe purposes aforesaid and upon the conditions herein stated, until
the same shall be abandoned for use by the Grantee for the purpose herein stated, then and
thereupon this conveyance shall be null and void and the Easements shall cease and all rights
herein granted shall terminate and shall absolutely revert to Grantor herein, its successors and
assigns, and no act or omission on the part of any of them shall be construed as a waiver of the
enforcement of such condition.
Not withstanding any other provision of this instrument, the Temporary Construction
Easement shall terminate on or before December 31, 1999; however, if Grantee does not
commence construction on such easement by December 31, 1999, Grantor shall extend the
Temporary Construction Easement until December 31,2000.
By the execution of this instrument, Grantee agrees to all terms and conditions contained
herein.
AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND
FOREVER DEFEND all and singular the above described Easements and rights unto the
Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through or under Grantor but not otherwise.
EXECUTED as of this J 5!!l day of ~" L-\.L,.. LJ
{
q
,1991.
GRANTOR:
BRAZOS ELECTRIC POWER
COOPERATIVE, INC.
By:
Karnei,
ive Vice President and General Manager
GRANTEE:
CITY OF SOUTHLAKE, A MUNICIPAL
CORPORATION OF TARRANT COUNTY, TEXAS
By:
@ra~
Title:~
H :\L1 B RARY\South lake\Agreements\EsemntBrazos. wpd
PAGE 3
IBM SUBSTATION
STATE OF TEXAS
COUNTY OF McLENNAN
~ ~'~(J-~ir'"ltV"4V'O"~.(:~f.,!: ""~oP*~''''''il''>''.4lr*tt...""..o,
~ ",<.:;,:~~~'~~.f:. YOLANDA T. CHAVEZ:
: $~'~ <a Notary Public :
i~*:. )i!1~~(:-A-~ STATE OF TEXAS:
t \~ . . ~i My Commission :
!o -"':~.f?!~..."'< Exp I res 10/17/2002:
1..~....oo...~.....~~#~4.G~__........t
STATE OF TEXAS
COUNTY OF TARRANT
B,EFORE ME, the undersigned authority, on this day personally appeared
Clifton Kamei, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of BRAZOS ELECTRIC POWER COOPERATIVE, INC., as the Executive Vice
President and General Manager thereof, and for the purposes and consideration
therein expressed, in the capacity therein stated, and that he was authorized to do so.
-;: GIVEN UNDER MY HAND AND SEAL OF OFFICE this IS+'lday of
~\AO.A~, 19 qq .
~li11S1l~~
Printed Name: YD/4fJda.7c!htfll"/~z:..
My Commission Expires: If) - /?-~ ;L
undersigned authority, on this day personally appeared
, known to me to be the person whose name is
subscribed to foregoing instrument, and acknowledged to me that he executed the
same as the act and deed of THE CITY OF SOUTHLAKE, . municipal corporation of
Tarrant County, Tex_, for the purposes and consideration therein expressed, in the
capacity therein stated.
1\.. <:'I\f~.N UNDER ",MY HAND AND SEAL OF OFFICE this L day of
MtirY41AU ,19 q 1)
',ly~""":ll~
SANDRA L LeGPANU f~
Notary Public ~
STATE OF rf.X,,;:; ~'
My Comm L>,p '),'/(14/2001 f:
,:<~~~
;;t4tju ~ ~
Notary Public, State of Texas
Printed Name:
My Commission Expires:
After Recordina: Return To:
Il1URIlO:
emCf SOUMMt
OffICE.. CItY......
1725 _SOUMMt BOULEYMD
SOU'ftUII. 1DAS 76091
EASEMENT AND RIGHT OF WAY
Page 4
Exhibit" A"
BEING THAT CERTAIN 3.921 acre tract of land situated in the W. Medlin
Survey, Abstract No. 1588, Denton County, Texas, and Abstract Number 1958,
Tarrant County, Texas, and known as Lot 3, Block A of MTP-IBM Addition No.
1, an addition to the City of Southlake, Texas, according to the plat thereof
recorded in Volume 388-211, Page 23, Plat Records, Tarrant County, Texas, as
revised in Volume 388-211, P~e 68, Plat Records, Tarrant County, Texas and
recorded in Cabinet G, Page 208, Plat Records, Denton County, Texas. Being the
same 3.921 acre tract of land described in a General Warranty Deed dated August
13, 1987, from International Business Machines Corporation to Brazos Electric
Power Cooperative, Inc. as recorded in Volume 9111, Page 1094, Real Property
Records of Tarrant County, Texas, and in volume 2272, Page 142, Real Property
Records of Denton County, Texas.
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Exhibit "B"
Temporary Construction Easement
BEING 0.097 acres of land located in the Lot 3, Block A, MTP-IBM ADDITION NO.1, an
addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in
volume 388-211, Page 68 & 69 of the Plat Records of Tarrant County, Texas. Said 0.097 acres
being more particularly described by metes and bounds, as follows:
BEGINNING at the Northwest comer of said Lot 3, lying in the East right-of-way line East T.W.
King Road;
THENCE S 790 24' 10" E 59.81 feet, along the North boundary line of said Lot 3, to a point;
THENCE SOUTHEASTERLY 67.25 feet, severing said Lot 3, and running along a curve to the
Left, having a radius of 1348.60 feet, a central angle of 020 51' 25", and a chord bearing S 070
30' 05" E, 67.24 feet, to a point in the most Northerly South boundary line of said Lot 3;
THENCE S 880 16' 54" W 57.84 feet, along the Northerly South boundary line of said Lot 3, to a
point, at the most Westerly Southwest comer of said Lot 3, lying in the East right-of-way line of
aforesaid East T. W. King Road;
THENCE NORTHWESTERLY 80.01 feet, along the West boundary line of said Lot 3, and the
East right-of-way line of said East T. W. King Road, with a curve to the Right, havirig a radius of
1406.00 feet, a central angle of 030 15' 37", and a chord bearing N 070 00' 14" W, 79.99 feet, to
THE PLACE OF BEGINNING, containing 0.097 acres (4,226 square feet) ofland.
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MTP-mM ADDITION
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Exhibit "D"
Permanent Easement
BEING 0.034 acres ofland located in the Lot 3, Block A, MTP-IBM ADDITION NO.1, an
addition to the City of Southlake, Tarrant Count, Texas, according to the plat recorded in
Volume 388-211, Page 68 & 69 of the Plat Records of Tarrant County, Texas. Said 0.034 acres
being more particularly described by metes and bounds, as follows:
BEGINNING at a point in the North boundary line of said Lot 3, located S 790 24' 10" E, 18.11
feet, from the Northwest comer of said Lot 3;
THENCE S 79024' 10" E 20.84 feet, along the North boundary line of said Lot 3, to a point;
THENCE SOUTHEASTERLY 71. 70 feet, severing said Lot 3, and running along a curve to the
Left, having a radius of 1368.60 feet, a central angle of 030 00' .06", and a chord bearing S 070
19' 23" E, 71.69 feet, to a point in the most Northerly South boundary line;
THENCE S 880 16' 54" W 20.15 feet, along the most Northerly South boundary line of said Lot
3, to a point;
THENCE NORTHWESTERLY 76.14 feet, along a curve to the Right, havin~ a radius of
1388.60 feet, a central angle or 03008' 30", and a chord bearing N 070 09' 01" W, '76.13 feet, to
THE PLACE OF BEGINNING, containing 0.034 acres (1,479 square feet) ofland.
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LOT 3 BLOCK A
MTP-mM ADDITION No.1
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D199019126
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
199124202
REGISTER
DR91
RECD-BY
T025417
PRINTED DATE TIME
01/25/99 09:17
1
INSTRUMENT FEECD
D199019126 WD
INDEXED TIME
990125 09:17
CG
TOT A L
DOCUMENTS: 01
FEE S:
25.00
B Y:
;e
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.