A-481 (SLTS Land) (2)
OFFICIAL RECORD
CITY OF SOUTHLAKE
PERMANENT WATER LINE 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 Water Line
Easement") in, into, upon, over, across, under and through land in Tarrant County, Texas described as
follows, to-wit:
A permanent 15' x 40' Water Line 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.
Grantee covenants and agrees that the entire segment of the water line to be constructed and maintained in
the Permanent Water Line Easement shall be encased in material to be mutually agreed-upon by Grantor
and Grantee; provided, however, Grantor shall not unreasonably withhold its agreement. Grantor shall
have the additional rights, and this Permanent Water Line 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 Water Line 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 claim same or any part thereof, by, through, or under Grantor, but not otherwise.
Permanent Water Line Fasement Block I I DOC
IN WITNESS WHEREOF, this instrument is executed this ~ day of
Zoos.
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: _ /
- & & 1-/ Brian tebbms, Member 1
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 I LIt"'-day of
e b Itit" 2008,
DENISE J. CARINO j
Notary Public DOM
State of Texas Notary Public in and for the State of Texas
OF +P Comm. Expires 07-10-2010 ry
AFTER RECORDING RETURN TO:
Ms. Lori Farwell
City Secretary
City of Southlake
1400 Main Street, Suite 270
Southlake, Texas 76092
f~7,D~DylLa1~ p. 2v~ ~
Permanent Water Line Easement Block 1 I DUC 2
CERTIFICATE OF ACCEPTANCE
This y', !to certify that the i~nt~erest and real property conveyed by this dedication instrument the
1~l'ydday of 12009, from S LT`J UJ- _ L 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.
Dated
SEAL ayor, CI OF SOUTHLAKE
,`eaM®FW"rtt
• ®•X. , ATTES
O • 9
•
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• City Secretary
L)• •
10011
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
pZ lmb llp. V
Page 3 of 3
EXHIBIT "A"
15' X40' WATER LINE EASEMENT
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Permanent abater Line Easement Block I 1 DOC
EXHIBIT "B"
DESCRIPTION OF EASEMENT PROPERTY
BEING a 0.013 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;
COMMENCING at a found 518" iron rod at the intersection of the south line of Division Street
and the east line of State Street extension;
THENCE NORTH, along said east line of State Street, a distance of 17.50 feet to the Point of
Beginning;
THENCE NORTH, continuing along said east line, a distance of 15.00 feet to a point for
easement corner;
THENCE EAST, departing said east line, a distance of 40.00 feet to a point for easement corner;
THENCE SOUTH a distance of 15.00 feet to a point for easement corner;
THENCE WEST a distance of 40.00 feet to the Point of Beginning and containing 600 square
feet or 0.013 acres of land.
blIV170 P,
Permanent Water Line Lasement Block I 1 Do)('
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 water 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 (1) for the construction, operation, maintenance, repair, and replacement for driveways,
sidewalks, curbcuts, parking lots, landscaped areas, hardscape areas, and other amenities consistent with
surrounding properties and (n) to cross or permit others to cross over and under Grantee's water line, so
long as such uses described in items (i) and (ii) 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 Water Line
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 Water Line 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 water line and related appurtenances upon the real estate of
Grantor covered by this Permanent Water Line 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. MV 70 P. Y
Permanent \water Line Easement Mock 11 ll0(
7. At all times while performing under this Water Line 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 Water Line 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 Water Line Easement, Grantee has
agreed to and accepted the terms, conditions, benefits, and obligations contained herein. Grantor has
agreed to grant this Permanent Water Line Easement on reliance of Grantee's representation that Grantee
agrees to and accepts the terms, conditions, benefits and obligations contained herein.
J)ftqp4)b11 P.
Permanent \4 ater Line L-asement Block I I ISOC
t GUtr.1 ~t'•w t s
CITY OF SOUTHLAKE
OFFICE OF CITY SECRETARY •.,;i•,•.•
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 Registratio 02/2012009 03:43 PM
Instrument # D209047611
8 PGS $40.00
By:
IIII VIII VIII VIII VIII VIII III VIII VIII IIII IIII
D209047611
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