A-481 (SLTS Land)
CITY OF SOUTHLAKE OFFICIAL RECORD
PERMANENT DRAINAGE AND UTILITY EASEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That, SLTS LAND, L.P., a Texas limited partnership, "Grantor" herein, for and in consideration
of the sum of Ten ($10 00) dollars and other good and valuable consideration in hand paid by the CITY
OF SOUTHLAKE, home rule municipal corporation of the Counties of Tarrant and Denton, State of
Texas, "Grantee" herein, the receipt and sufficiency of which are hereby acknowledged and confessed, do
hereby, subject to the terms of this agreement, grant, sell and convey unto the said Grantee a permanent
and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing,
relocating, rebuilding, removing, and operating drainage and utility facilities (the "Permanent Drainage
and Utility Easement") in, into, upon, over, across, under and through land in Tarrant County, Texas
described as follows, to-wit:
A 40' x 60' foot wide Permanent Drainage and Utility Easement as shown on EXHIBIT
"A" and more particularly described in EXHIBIT "B" (the "Easement Property")
attached hereto and incorporated herein,
together with the right of ingress and egress as necessary for such purposes.
Grantor covenants and agrees that Grantor and Grantor's heirs, representatives, successors and
assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into,
upon, over, across or under any easements granted herein any fences or buildings, and it is further agreed
that Grantee shall have the right to excavate and fill upon said permanent easement and to remove from
said permanent easement, any buildings or fences as may now be found upon said permanent easement.
Grantor shall have the additional rights, and this Permanent Drainage and Utility Easement shall be
subject to those additional terms and conditions, that are set forth in EXHIBIT "C" attached hereto and
incorporated herein.
It is further intended that the Permanent Drainage and Utility Easement herein granted to the
Grantee shall run with the land and forever be a right in and to the land belonging to Grantor, and
Grantor's successors and assigns.
TO HAVE AND TO HOLD the Easement Property, with the right of ingress and egress thereto,
together with all and singular, the rights and appurtenances thereto in anywise belonging unto Grantee, its
successors and assigns forever; and Grantor does hereby bind itself, its heirs and assigns, to warrant and
forever defend, all and singular, the Easement Property, subject to all matters of record affecting the
Easement Property, unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to clam same or any part thereof, by, through, or under Grantor, but not otherwise.
Drainage and l ililit\ H.ascment Block 1 1 DO
IN WITNESS WHEREOF, this instrument is executed this day of
~7ebru4r~j , 2008
GRANTOR:
SLTS LAND, L.P.,
a Texas limited partnership
By: SLTS Land Genpar, L.L.C.,
a Texas limited liability company,
its general partner
By: ,
Brian R. tebbms, Member
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally
appeared Brian R. Stebbins, as member of SLTS Land Genpar, L.L C , a Texas limited liability company,
as general partner of SLTS Land, L.P., a Texas limited partnership on behalf of said limited liability
company and limited partnership, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was executed for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 10" day of
r-Q~OI'LICn'~ 2008,
nose J . Cam
DENISE Notary Public in and for the State of Texas
ro~~Y^~~c DENISE J. CARINO
Notary Public
` state of Texas
Comm. Expires 07-10-2010
AFTER RECORDING RETURN TO-
Ms. Lori Farwell
City Secretary
City of Southlake
1400 Main Street, Suite 270
Southlake, Texas 76092
Drainage and Utility Casement Block I I DO( 2 /D Voq 7~ ID P. 2p
CERTIFICATE OF ACCEPTANCE
This s~tto certify that the interest and real property conveyed by this dedication instrument the
1-9 day of 2009, from ~j%_1 I c4.,d, 1•• to the
CITY OF SOUTHLAKE, has been duly accepted subject to all terms and conditions contained
therein, and the City Council has consented to recordation of such dedication instrument by its
duly authorized officer.
2-IS~"I
Dated
SEAL Mayor, CITY ZIF SOUTHLAKE
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AFTER EXECUTION BY
GRANTOR, PLEASE RETURN
ORIGINAL TO:
CITY OF SOUTHLAKE
C/o Cheryl Taylor, P.E. or
Cristina McMurray, CPM
1400 Main Street, Suite 320
Southlake, TX 76092
Phone: 817-748-8098
Fax: 817-748-8077
AFTER RECORDING, PLEASE
RETURN ORIGINAL TO-
CITY OF SOUTHLAKE
C/o City Secretary
1400 Main Street, Suite 270
Southlake, TX 76092
Phone: 817-748-8016
Page 3 of 3
EXHIBIT "A"
40'X 60' WATER, SANITARY SEWER, STORM SEWER & DRAINAGE EASEMENT
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EXHIBIT "B"
DESCRIPTION OF EASEMENT PROPERTY
BEING a 0.055 acre portion of a tract of land situated in the R. Eads Survey, Abstract No. 481,
Southlake, Tarrant County, Texas, deeded to SLTS Land, L.P under Instrument No. D205049245 of the
Deed Records of Tarrant County, Texas (DRTCT), and being more particularly described as follows;
BEGINNING at a found 5/8" iron rod at the intersection of the south line of Division Street and
the east line of State Street extension, said point being the northeast corner of the herein described
easement;
THENCE SOUTH a distance of 40 00 feet to a point for easement corner; THENCE WEST a
distance of 60.00 feet to a point for easement corner; THENCE NORTH a distance of 40.00 feet to a
point for easement corner;
THENCE EAST, along said south line of Division Street, a distance of 60.00 feet to the Point of
Beginning and containing 2400 square feet or 0.055 acres of land.
Drainage and I ftilaN f_asement 131ock I 1 DOC )2V /t/ , 7~
EXHIBIT "C"
ADDITIONAL TERMS AND CONDITIONS
1. Grantee's improvements within the Easement Area must be designed, constructed, and
operated in accordance with Grantor's and Grantee's applicable safety regulations and policies, as well as
all applicable safety rules and regulations published by the federal, state, or local regulatory agencies
having jurisdiction. If no such government safety rules apply, then applicable industry standards and
practices shall govern. All improvements constructed by Grantee must be performed in a good and
workmanlike manner. Grantee shall obtain all necessary consents, licenses, and permits prior to
commencing construction. Upon completion of the utility line, Grantee shall promptly provide Grantor
with a set of "as-built" construction drawings identifying the location and depth of such line.
2. Grantor reserves for itself, its successors and assigns, the right to use the Easement
Property (i) for the construction, operation, maintenance, repair, and replacement for driveways,
sidewalks, curbeuts, parking lots, landscaped areas, hardscape areas, and other amenities consistent with
surrounding properties and (ii) to cross or permit others to cross over and under Grantee's drainage and
utility easement, so long as such uses described in items (1) and (n) above do not unreasonably interfere
with the rights of Grantee hereunder or create a safety hazard. Additionally, the grant provided herein
unto Grantee is subject to all prior easements, exceptions, reservations, encumbrances and/or rights of
way, as well as the restrictions, limitations, and reserved rights whether of record or evidenced physically
on Grantor's Property.
3. Regular inspections and maintenance of the area comprising this Permanent Drainage and
Utility Easement shall be conducted by Grantee All repairs including, but not limited to, leaks, sink
holes, soil erosion, sloughing or impairment to natural drainage shall be completed by Grantee within a
reasonable period of time, but in any event, within ten (10) days after receiving notice from Grantor to
perform such maintenance unless a shorter period is mandated by applicable law, rule, regulation, or
ordinance.
4. All notices given or required under this Permanent Drainage and Utility Easement shall
be given in writing and shall be given either by hand delivery or by depositing such notice in the United
States first class mail, postage prepaid, by certified or registered mail, return receipt requested, addressed
to the party to be notified at the following address, or such other address as any such party shall from time
to time designate in writing:
TO GRANTOR: TO GRANTEE-
Cooper & Stebbins City of Southlake
1256 Main Street, Suite 240 1400 Main Street, Suite 320
Southlake, Texas 76092 Southlake, Texas 76092
Attn. Frank L. Bliss Attn. Director of Public Works
5. Grantee shall pay all taxes which may be levied or assessed on the installation, use and
operation of the right-of-way or ownership of the improvements located thereon, and Grantee further
agrees to promptly reimburse Grantor for the amount of any taxes which may be assessed against Grantor
by reason of Grantee having installed the drainage and utility easement and related appurtenances upon
the real estate of Grantor covered by this Permanent Drainage and Utility Easement.
6. This is not a conveyance of the real estate included within this instrument, nor of any
interest in the oil, gas, and other minerals in, on, or under the real estate covered hereby. but is a grant
solely of the right-of-way and easement as described above
1~2090~1~1v1D~0. l
Drainage and Utility L-ascment [31oc1. 11 DU('
7 At all times while performing under this Drainage and Utility Easement, each contractor
(and any subcontractors) retained by or on behalf of the Grantee shall carry and maintain with insurers
and on terms satisfactory to Grantor and their respective successors and assigns, the following insurance:
A. Worker's Compensation and Employers' Liability insurance covering all
employees as required by state and federal laws, and Employers' Liability insurance with a limit
of $100,000 per occurrence;
B. Comprehensive General Liability insurance, with policy limits of not less than
$1,000,000 per occurrence, $2,000,000 general aggregate;
C. Automobile Liability insurance covering all Contractor's owned, hired and non-
owned vehicles for limits of $500,000, each accident - Single Limit B.I. and P.D. combined; and
D. Excess Umbrella Liability insurance with a limit of $2,000,000 per occurrence
covering excess Employers' Liability, Comprehensive General Liability and Automobile
Liability.
With respect to all of the insurance provided for in this paragraph, each affected contractor and
subcontractor shall waive, or shall cause its insurer(s) to waive, any right of subrogation that such
insurer(s) may have or may gain in connection with or related to work or service of such contractor and
subcontractor done under or otherwise associated with this Permanent Drainage and Utility Easement.
Each contractor and subcontractor shall also name Grantor, Cooper & Stebbins, L.P., and their respective
partners, subsidiaries, affiliates, successors, assigns, officers, directors, and employees, as additional
insureds on all policies required herein (except Worker's Compensation), and such policies shall provide
the additional insureds with the same coverage as provided to the named insured under such policies.
There shall be no gap in the dollar value of the additional insureds' coverage under the above policies
from the policies' deductible amounts up to the $2,000,000 limit. Grantee is responsible for furnishing to
Grantor, before performing any work hereunder, certificates of insurance (a) evidencing such insurance
and such waiver, and (b) containing the unequivocal agreement on the part of the insurer to notify Grantor
of the cancellation or any material change in said coverage at least 30 days before the effective date of
such cancellation or change
Grantor reserves the right to review the types and amounts of coverage at least once every
calendar year, and make any reasonable adjustments to such requirements as it determines are both
necessary and consistent with Grantor's own then-current business practices and risk management
policies Grantor shall promptly provide Grantee with written notice of any such adjustments which, in
turn, shall be responsible for imposing such insurance requirement, as modified, on each affected
contractor and subcontractor.
8. By its acceptance and recordation of this Permanent Drainage and Utility Easement,
Grantee has agreed to and accepted the terms, conditions, benefits, and obligations contained herein.
Grantor has agreed to grant this Permanent Drainage and Utility Easement on reliance of Grantee's
representation that Grantee agrees to and accepts the terms, conditions, benefits and obligations contained
herein.
_7
Drainage and Utility Easement 13 lock 11 NW
sfaxxfsf.s COVAP
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
Instrument D209047610
8 PGS $40.00
By:
I VIII VIII VIII VIII VIII III I VIII VIII IIII IIII
D209047610
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