A-299 (DFW Highway 114 Highlands) ORIGINAL DOCUMENT • '
CITY OF SOUTHLAKE
Council Action: Y 6 Ord. /Res. No. ____
CITY OF SOUTHLAKE Date Approved
PERMANENT UTILITY EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That I, D /FW- Highway 114 /Highlands, Ltd., 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 County of Tarrant, State of
Texas, Grantee herein, the receipt and sufficiency of which is hereby acknowledged and
confessed, do hereby grant, sell and convey unto the said Grantee a non - exclusive, permanent
and perpetual easement ( "Utility Easement ") for the sole purpose of installing, repairing,
maintaining, altering, replacing, relocating, rebuilding, removing, and operating utility facilities
( "Utilities ") in, into, upon, over, across, under and through all that land in Tarrant County, Texas
described as follows (all activities within the Utility Easement Area pursuant to the above grant
of easement is referred to herein as the "Work "), to -wit:
A 25 foot wide Permanent Utility Easement containing approximately 0.124 of an
acre, as more particularly described in Exhibit "A" and shown on Exhibit "B"
attached hereto and incorporated herein ( "Utility Easement Area "), together with
the right of ingress and egress as necessary for such purposes.
Grantor covenants and agrees that Grantee shall have the right to excavate and fill upon
said permanent easement and to remove from said permanent easement, any fences, buildings or
other obstructions as may now be found upon said permanent easement but only to the extent
necessary to complete the Work and maintain the utilities: provided, however: (i) Grantee will
take whatever efforts are necessary to minimize interference with and removal of any of such
items, (ii) the Grantee will reconstruct and restore, or cause to be reconstructed or restored, any
fences, paving and landscaping destroyed, removed or altered in connection with the Work in a
good and workmanlike manner to an equal or better condition than that existing prior to
commencement of the Work and (iii) the Grantee shall take whatever steps are necessary in the
Utility Easement Area to provide reasonable erosion control within the Utility Easement Area
and otherwise restore the landscaping within the Utility Easement Area to an equal or better
condition than that existing prior to the Work conducted by Grantee.
The Grantee's rights hereunder shall be strictly limited to the express rights granted
herein within the Utility Easement Area, and in no event shall the Grantee have any right of entry
or use whatsoever as to any other portions of the Property.
The grant of easement rights hereunder is made subject to any of the following as they
relate to the Utility Easement Area: (i) any and all restrictions, covenants, easements, tenancies
and other encumbrances of whatsoever nature and (ii) all applicable zoning laws, regulations and
ordinances of municipal and other governmental authorities. The easement for the Utility
Easement Area as provided for herein is made on an "AS IS" basis, and the Grantee expressly
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acknowledges that, in consideration of the agreements of Grantor herein, GRANTOR MAKES
NO WARRANTY OR REPRESENTATION. EXPRESS OR IMPLIED, OR ARISING BY
OPERATION OF LAW.
All Work performed by the Grantee shall be performed at the Grantee's sole cost and
expense and in a good and workmanlike manner in conformance with sound and acceptable
engineering practices as expeditiously as possible so as not to unreasonably interfere with the use
of the Utility Easement Area by Grantor. In the event a contractor or third party performs a
portion of the Work, the Grantee shall use reasonable effort to ensure that any Work performed
by a contractor or third party is performed in a good and workmanlike manner. In performing the
Work or causing the Work to be performed, the Grantee shall make adequate provisions for the
safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees,
and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or
inconvenience. The Grantee shall at all times construct, keep, maintain, use, operate or remove
the Utilities located in the Utility Easement Area in a safe manner and in full compliance with all
applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations,
ordinances and orders. Grantor shall have no obligation, monetary or non - monetary, to maintain
the Utility Easement Area, save and except for compliance with the City of Southlake Code of
Ordinances, as amended.
Grantor hereby reserves to itself, its successors and assigns, all rights in and to the Utility
Easement Area and the right to use and enjoy the surface and subsurface thereof for any and all
purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein
granted to the Grantee. Grantor specifically reserves the right of passage over the Utility
Easement Area. The Grantee shall not have any rights whatsoever to any property of Grantor
outside the boundaries of the Utility Easement Area. Grantor RESERVES AND RETAINS THE
RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND
ASSIGNS to construct or place fences, pavement, and landscaping on the Utility Easement Area
so long as the encroachment of such structures over the Utility Easement Area shall not endanger
or interfere with the construction, efficiency or convenient operation and maintenance of said
Utilities.
By recording this document, Grantee has agreed to and accepted the terms, conditions,
benefits, and obligations contained herein. Grantor has agreed to grant this easement on reliance
of the Grantee's representation that the Grantee agrees to and accepts the terms, conditions,
benefits and obligations contained herein.
It is further intended that the 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, and said grant is expressly excepted from any right of reversion of said
premises under any prior deeds in Grantor's chain of title. All easement rights and privileges
granted hereunder are perpetual, provided that should the Grantee decide to remove the Utilities,
the Grantee may abandon the easement, provided that any such abandonment must be in writing
to be effective.
This Easement Agreement may be amended, terminated, or modified solely by a written
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•
instrument executed by Grantor and the Grantee or their respective legal representatives,
successors and assigns, which instrument shall be recorded in the Real Property Records of
Tarrant County, Texas.
IN WITNESS WHEREOF, this instrument is executed on this the Ij day of
MC.01 ,2011.
' •NTO':
By: A. ,,Alla ,.% /
II "F IB '
Name: , e re / CZ/tl�(4!e,
Title: D/FW Hig way 114 GP, LLC Manager
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared J e r f } ' ('Sy , known to me to be the person whose name is
subscribed to the forgoing instrument, and acknowledged to me that s/he executed the same for
the purposes and considerations therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the V) day of
ml'A,t 1 , 2010
Ar
No r.ry Public in and far ire State of exas
01' AMANDA C. GOOLSBY Commission Expires: (1,V 5j,
?° � * NOTARY PUBLIC p 1 xim
f STATE OF TEXAS
OF ' MY COMMISSION EXPIRES
NOVEMBER 05, 2014
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument dated the 11 rh day of , 2011 to the City of Southlake, Texas, has been
duly accepted subject to all terms and onditions contained therein, and the City Council has
consented to recordation of such dedication instrument by its duly authorized officer.
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C--2 tiff • .
Mayor, City of Sout ake
Date:
711 l a 011
ATTEST: "uT L, 4 •
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City Secretary " ° =. " c
AFTER FILING, PLEASE RETURN TO:
City of Southlake
City Secretary
1400 Main Street, Suite 270
Southlake, Texas 76092
Phone: 817- 481 -1653
Fax: 817- 481 -1463
ORIGINAL DOCUMENT
CITY OSOUTHLAKE
Council Action: Y N Ord. /Res. No.
Date Approved
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No, 44876E
Exhibit A
Description for twenty -five feet (25') wide Permanent Utility Easement in the A. H.
Chivers Survey, Abstract Number 299, City of Southlake, Tarrant County, Texas, and
being a portion of a tract of land described in a deed to D /FW- Highway 114 /Highlands,
Ltd., recorded in Volume 10438, Page 32, Deed Records, Tarrant County, Texas, and
being described by metes and bounds as follows:
BEGINNING at a Texas Department of Transportation monument found for the southeast comer of a
tract of land described in a deed to Onsom, LLC., recorded in Clerk's File No. D207141800, Deed
Records, Tarrant County, Texas, said monument lying in the northerly line of State Highway 114, and
in the west line of said D/FW-Highway 114 /Highlands tract;
THENCE North 00 degree 09 minutes 10 seconds West a distance of 31.95 feet along the east line of
said Onsom tract and the west line of said D /FW- Highway 114 /Highlands tract;
THENCE South 51 degrees 38 minutes 34 seconds East a distance of 301.83 feet to the north line of
Highlands Street and to the south line of said D /FW- Highway 114 /Highlands tract;
THENCE North 88 degrees 09 minutes 57 second West a distance of 32.01 feet along the north line
of Highland Street and the south line of said D /FW- Highway 114 /Highlands tract to a corner clip;
THENCE North 69 degrees 54 minutes 15 seconds West a distance of 18.99 feet to a Texas
Department of Transportation concrete monument found in the northerly line of State Highway 114;
THENCE North 51 degrees 38 minutes 34 seconds West a distance of 238.18 feet along the
northerly line of State Highway 114 to the POINT OF BEGINNING, said described tract containing
0.157 of an acre of land.
Bearings based on the Texas State Plane Coordinate System, North Central Texas Zone.
A drawing should accompany this description.
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Map Showing
A Twenty —Five Feet (25')
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<4 Abstract Number 299,
City of Southlake, Tarrant County,
Texas.
Prepared 02/07/11
/„ , ` AREA SURVEYING, INC.
0 )----' /MEW Surveying / Mapping
• Web: areesurveying.com
Voice: 817.294.44901 Fax: 81 7.764.2328
COPYRIGHT 2011, ROGER W. HART, RPLS Mail: 6080 S. Hulen St, Suite 360, #226 1 Fort Worth, TX 76132
,DdigniV7 ,D. 6p
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MARY LOUISE GARCIA °•°
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COUNTY CLERK 1,41
0 " 100 West Weatherford Fort Worth, TX 76196 -0401
PHONE (817) 884 -1195
CITY OF SOUTHLAKE
1400 MAIN ST STE 270
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 5/20/2011 8:17 AM
Instrument #: D211119227
E 7 PGS $36.00
By: D211119227
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.
Prepared by: SLDAVES