Greenway-Carroll Addition (Lot 1) - Permanent Wall Easement
1 .
UU033d IV131110
CITY OF SOUTHLAKE, TEXAS
PERMANENT WALL EASEMENT,
PERMANENT MAINTENANCE EASEMENT,
AND TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS § KNOW ALL PERSONS BY THESE
COUNTY OF TARRANT § PRESENTS:
That, GREENWAY-CARROLL ROAD PARTNERS L.P., of the County of Tarrant,
State of Texas, GRANTOR herein, being the owner of that certain tract of land described on
Exhibit-"A" attached hereto (the "Master Tract"), for and in consideration of the sum of $10.00,
and other good and valuable consideration, in hand paid by the CITY OF SOUTHLAKE,
TEXAS, a Municipal Corporation of Tarrant and Denton Counties, Texas, GRANTEE herein,
the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby grant,
sell and convey to GRANTEE the following:
1. A permanent and perpetual easement (the "Wall Easement") six (6) feet in width
in, into, upon, over, across and under the following described land (the "Wall Easement Area")
in Tarrant County Texas:
a 0.081 acre tract of land that is more particularly described on Exhibit "B-1",
which is attached hereto and made a part hereof by reference,
for the purpose of an encroachment associated with the placement and construction of a retaining
wall and all items necessary for the proper construction of the retaining wall (the "Wall") as
shown on the Exhibits "C-1" and "C-2" attached hereto and made a part hereof by reference
together with the right of ingress and egress as necessary for such purposes.
2. A permanent and perpetual easement (the "Maintenance Easement") fifteen (15)
feet in width into, upon, over, across and under the following described land (the "Maintenance
Easement Area")in Tarrant County Texas:
a 0.204 acre tract of land that is more particularly described on Exhibit "13-2"
which is attached hereto and made a part hereof by reference,
for the purpose of the access to and maintenance of the Wall to be built on the Wall Easement
Area described in paragraph 1 above as shown on Exhibit "B-1" attached hereto and made a part
hereof by reference together with the right of ingress and egress as necessary for such purposes.
3. A temporary construction easement (the "Temporary Construction Easement"
fifteen (15) feet in width into, upon, over, across and under the following described land (the
"TCE Area") in Tarrant County Texas granted herein is described as follows:
D2MCIoUl P. I~l
a 0.204 acre tract of land for the purpose of a temporary construction easement
more particularly described in Exhibit "B-3" and shown on Exhibit "B-1"
attached hereto and incorporated herein,
The Temporary Construction Easement shall include the right to excavate and fill upon the TCE
Area as shown on the plans and specifications attached hereto as Exhibit "C-1", but GRANTEE
shall replace any fixtures upon the TCE Area without cost to GRANTOR, and shall restore the
Master Tract as closely as possible to its condition prior to entry thereon. Grantee may assign its
rights under the Temporary Construction Easement to the party constructing the Wall (the
"Construction Assignee"). The Temporary Construction Easement granted herein will terminate
and cease upon final installation of the Wall or September 1, 2009, whichever comes first.
Grantee will utilize the Wall Easement Area only for the Wall. Except for the Wall, no
structures, improvements or impediments shall be constructed on, under or across any portion of
the Wall Easement Area. Grantee covenants and agrees to construct the Wall in strict accordance
with the plans and specifications attached hereto as Exhibit "C-2", with only such changes
thereto as Grantor may approve in writing in advance.
In no event shall Grantor (1) use the Wall Easement Area in any manner which interferes
in any material way or is inconsistent with the rights granted hereunder, or (1I) erect or permit
to be erected within the Wall Easement Area a permanent structure or building, including, but
not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other
structures that require a building permit. Subject to the foregoing, Grantor, its successors and
assigns, reserve, retain, and shall have the right to fully use and enjoy the Wall Easement Area
and Maintenance Easement Area, including, without limitation, the right to lay out and construct
and maintain landscaping and irrigation, fences, and utilities across and under said the Wall
Easement Area and Maintenance Easement Area, provided that such improvements do not
endanger or interfere with the normal operation of the Wall. Grantor reserves the right to use the
Wall Easement Area and Maintenance Easement Area in common with Grantee, provided that
such use(s) do not endanger or interfere with the normal operation of the Wall and provided
Grantor maintains minimum clearances over, under or about the Wall as required by prudent and
customary engineering practices, standards, and applicable codes.
Grantee shall be obligated to restore the surface of the Master Tract at Grantee's sole
cost and expense, including the restoration of any sidewalks, driveways, or similar surface
improvements located upon or adjacent to the Wall Easement Area which may have been
removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the
easement granted hereunder.
In addition, Grantor and Grantee agree as follows:
1. Maintenance of Wall. Grantee shall, at its sole cost and expense, install and at all
times maintain the Wall in a good and workmanlike manner in a first class
condition. Grantee agrees to repair and restore any damage or injury (including,
without limitation, paving, fences, landscaping, and other surface features) to the
MRDOLDDT p. 210
Master Tract and to the Wall Easement Area caused or occasioned by the
installation, operation, maintenance, repair, or removal of the Wall.
2. Prescriptive Rights. No party shall acquire any prescriptive rights with respect to
the Wall Easement Area or any portion of the Master Tract.
3. Compliance. The use and maintenance of the Wall Easement Area the
Maintenance Easement Area, and the TCE Area (collectively, the "Easement
Tracts") shall at all times comply with the terms of this agreement and all
applicable laws, statutes, building codes, ordinances, rules and regulations.
4. Existing Matters. This conveyance is expressly subject to all existing rights-of-
way and other matters visible upon inspection of the Wall Easement Area.
5. Miscellaneous.
(a) Binding Effect. The easements, covenants, and restrictions set forth in this
agreement shall run with the land and shall be binding on and inure to the
benefit of Grantor and Grantee, their successors and assigns.
(b) Waiver. No failure of any party to exercise any power given to such party
hereunder or to insist upon strict compliance by any other party to its
obligations hereunder and no custom or practice of the parties in variance
with the terms hereof shall constitute a waiver of any party's right to exact
compliance with the terms hereof.
(c) No General Dedication. Nothing contained in this agreement is intended
to nor shall it be construed as dedicating any easements or rights to any
other party or entity except as expressly set forth herein.
TO HAVE AND TO HOLD the above-described easement, together with all and
singular the rights and appurtenances thereto in anyway belonging unto Grantee, and
Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor
and assigns to warrant and forever defend all and singular the easement unto Grantee, its
successor 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.
When the context requires, singular nouns and pronouns include the plural.
MAMMI P15 IN
WITNESS OUR HANDS, this the 0-17 ' day of 1' i2y-oa✓ L/ 9200/.
GRANTOR:
GREENWAY-CARROLL ROAD
PARTNERS, L.P.
a Texas limited partnership,
By: Greenway_114 & Carroll, I c.,
a Texas corporation
General Partner
By: _ (/~nn
G. H. Stoo , r si ent
GRANTEE:
THE CITY OF SOUTHLAKE, TEXAS
a Municipal Corporation
By:
Name: n N ~trklacaQ,~=5
Title:
14
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for ~Cj eA County, Texas,
on this day personally appeared H . !S~(70I , known to
me to be the person(s) whose name(s) is subscribed to the foregoing instrument and
acknowledged to me that he executed the foregoing instrument for the purposes and
consideration therein expressed, and in the capacity therein stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
G r , 200,$.1
'Y`rk; KAREN TREAT otary Public in and for the
MY COMMISSION EXPIRES State f xas
October 18, 2011
> ...1`
Type or Print Notary's Name
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEF RE ME, the undersigned Notary Public, on this day personally appeared
AnA aw-1oe a+1-e e• A of the CITY SOUTHLAKE,
TEXA , known to me o be the person and off er whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of said CITY OF SOUTHLAKE,
TEXAS and that he executed the foregoing as the act of such entity for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this jlt'`day of
G~Or~dGc~y , 200,0
1 RI „PA •RY p ~s
Notary Public in a for the _
State of Texas o
y
of Ztr~ Iva kC~ - 4, +P
iIREg : • $a
Type or Print Nota 's Name ,%?7~o~2
F:\GIC\1594 114 & Carroll\080516 Retaining Wall - redline.doc
bZOgbg7bb 1 14
AFTER RECORDING RETURN TO:
De is 'lough, AICP Cj~r ORETURN TO:
F S UT LAKE
City outhlake, Texas OFFICE OF THE CITY SECRETARY
1400 ain Street, Suite 310 1400 MAIN STREET, SUITE 270
S thla , Texas 76092 SOUTHLAKE, TEXAS 76092
F:\GIC\1594 114 & Carroll\090211 Retaining Wall - clean.doc
1bZB%476b7 p.b ~l~
EXHIBIT "A"
Master Tract
Lot 1 Greenway-Carroll Addition, an addition to the City of Southlake, Tarrant County, Texas
according to the plat recorded in Cabinet A, Slide 8697, Plat Records, Tarrant County, Texas.
y IJ t ~ ,t~ P11111
tJ'.,Ei 1 iii' f
jill
r
iii 1'~1 ;~t ~ {i j~ s } } s r ~i3}'1!~•y°i~'~~ }i~ ~
p j6~
has as ~ ~ `~e= ~ a
3 n ~ SS ~ ~d. ~ ~
b by / HIM t Ism I
AIM,
a8."-fse €g ° sue' i 4:4
s yy
/ aE $g t t t i~~
~~~et. ~ s^ S-gS Ee s~li yg ~ 19g3; ~'I' y(_ ~f:°ga
'Pt tdi 3 ~ d!j tL S dx ~~S(eS~ _
t3i
iitgt FS
gW~_ c y ~ fipt: L..tl igl
fit
I
bV0471D7 p 7~ l~
EXBHIBIT "B-1"
6' 'W'IDE PERMANENT RETAINING WALL EASEMENT
BEING a 0.081 acre portion of Lot 1, Greenway-Carroll Addition, situated in the City of
Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 8697, of the Plat
Records of Tarrant County, Texas, and deeded to Greenway-Carroll Road Partners in
Volume 11445, Page 1635 of the Deed Records of Tarrant County, Texas and being more
particularly described as follows;
BEGINNING at a found 5/8" iron pin at the intersection of the east line of North Carroll
Avenue and the south line of said Lot 1;
THENCE North 00°36'26" West, along said east line, a distance of 6.00 feet to a point
for easement corner;
THENCE North 89023'17" East, departing said east line, a distance of 593.10 feet to a
point for easement corner;
THENCE South 00°36'43" Fast a distance of 6.00 feet to a found 5/8" iron pin for
easement corner in the south line of said Lot 1;
THENCE South 89023'l 7" West, along said south line, passing a found 5/8" iron pin
at a distance of 243.16 feet, in all a distance of 593.10 feet to the Point of Beginning and
containing 3558 square feet or 0.081 acres of land.
EXHIBITS "B-2" and "B-3"
15' WIDE TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT
ACCESS & MAINTENANCE EASEMENT
BEING a 0.204 acre portion of Lot 1, Greenway-Carroll Addition, situated in the City of
Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 8697, of the Plat
Records of Tarrant County, Texas, and deeded to Greenway-Carroll Road Partners in
Volume 11445, Page 1635 of the Deed Records of Tarrant County, Texas and being more
particularly described as follows;
BEGINNING at a found 5/8" iron pin at the intersection of the east line of North Carroll
Avenue and the south line of said Lot 1;
THENCE North 00°3626" West, along said east line, a distance of 15.00 feet to a
point for easement corner;
THENCE North 89023'17" East, departing said east line, a distance of 593.10 feet to a
point for easement corner;
THENCE South 00°3643" East a distance of 15.00 feet to a found 5/8" iron pin for
easement corner in the south I ine of said Lot 1;
THENCE South 89°23' 17'" West, along the said south line, passing a found 5/8" iron
pin at a distance of 243.16 feet, in all a distance of 593.10 feet to the Point of Beginning
and containing 8896 square feet or 0.204 acres of land.
'bWN701 p
GRAPHIC EXHIBIT "13-1 "B-2" and "B-3"
arAre *gW
offlo r
Si. sssr, Atrcr I $ i
F
ON
51i
o,
I
p
D
c ~
f'- Q yZj 1 u
W W W ~ V 5 I*
V w
6 O
~G Z
(W > a'
-j LU Q
Q V . t~v~rrsra OF rtln , sr ire
O p O T
Z Z ~d~ - e
Q (I w v
H C 7
7 p
O Z I S .00 .0
W I vs F - o yr
W
Z ~Z
Z
i o ~=M o
cc :Fc
F- WON
QZ
cc Q 0 pp
i$ $ p c p
n
Z CD i a 3 u 1 a
W ~V
r a
Q ~ a m
Q of t
o
2 z
CL W W 1--- H o
W d
E- Z
Q ~ o
r. ?4v 4
m mm
ai o W o° a N
- W CAMWU Ng O o m "
D AVMW
w
T ~
~ZD90g7b 07 iv
EXHIBIT "C-1"
Plan View
~a
x
I
rY ~ ;I
e a I
I
I
S .
I
1I ii
I
a€ ~ U
;I
II
!
It
i= it
.`1 I _1 II ~ I
it II
1 : it
a a I.
I II II
I
a 1
TJ f It II it
la $ I it ji 3
j` It it it
f\
I I 1 ! I II
3 Y
I II ~ I
G
N F-
?UqD176b 7 p 11 14
EXHIBIT "C-2" Page 1 of 2
Elevation
~ r
i
y
Ol MASONRY FENCE WALL SECTION MASONRY FENCE WALL SECTION
§F
~MASONRY/METAL FENCE ELEVATION - NORTH
aMrsoNRr/METAL FENCE FIAN-NORTH
~J2b~1b~71oU7 p f2 ~ I~
• . t
EXHIBIT "C-2" Page 2 of 2
Elevation
M
Kill -rid
fit
.-3'f:tl9~ft
Ml
1:i
I ~
I
r,
C:Apia.3~
{
-
~flfV~l~BfpJIH~E~~
via
I
it
bra
D'~.z a -144 ~ PQ ~ i
L•
I i
I
p, I
111 II
C11
~TtS.I- it ~ i i ~ i .."•y~"".." ~ i i i..l. ~
Gs a...~
6.:1 _
F.~
ROME
~~lD~l7f~~7 Q f3 ~
1 =
,.w s t"t
twst{.~~1°~nw.+w
t ~w
a
s~ ~s
w
CITY OF SOUTHLAKE
OFFICE OF CITY SECRETARY
1400 MAIN ST, STE 270
SOUTHLAKE TX 76092
Submitter: CITY OF SOUTHLAKE
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 02/20/2009 03:43 PM
strument D209047607
14 PGS $64.00
By:
11111111 IN 1111111111111111111111111111111111)11111 IN IN
D209047607
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.
Printed by: DS