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A-299 (DFW Highway 114 Highlands) (2) ORIGINAL DOCLi ` v,4E . Aclion /0 1 1)r i 7 CITY OF SOUTHLAKE 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 0.157 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 D2111'.1&9 W: \Southlake \Easements \DFW Highway 114 Highlands Ltd Easement EAST.docx 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 7a/Jilgaa' p. az/ 7 W: \Southlake \Easements \DFW Highway 114 Highlands Ltd Easement EAST.docx 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 ( q day of YY1cuj , 2011. C ' i NTO BY: 4 /1L_ ilk �'ll;i ., / `i_ ,� , Name: A y i' iPi d Title: D /FW Highway 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 <9 e r r Ui ACC AAOY\ , known to me to be the person whose name is subscribed to the foregoing 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 (Q day of OW ,2010! • __ at, / / .. � i 'Arai N • v ary Public in and for 43 State of exas 41 { ,� { AMANDA C. GOOLSBY Commission Expires: /7( ' S NOTARY PUBLIC * r�� * STATE OF TEXAS ` " P MY COMMISSION EXPIRES 'F NOVEMBER 05, 2014 W: \Southlake \Easements \DFW Highway 114 Highlands Ltd Easement EAST.docx De2J1/M& p • 7 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the 17 - day of , 2011 to the City of Southlake, Texas, has been duly accepted subject to all terms and nditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Mayor, CI of S; . lake N n �a Date: a f ATTEST: a " " " "'<<.,, City Secretary - — • • • • 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 OF SOUTHLAKE W: \Southlake \Easements \DFW Highway 114 Highlands Ltd Easement WEST.docx Council Action: Y /(l Ord. /Res. No. Date Approved DG /Ili &Y p.17 No. 44876W' 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 9742, Page 1787, 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 southwest corner 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 Tying in the northerly line of State Highway 114, and in the east line of said D /FW- Highway 114 /Highlands tract; THENCE North 51 degrees 37 minutes 27 seconds West a distance of 138.41 feet along the northerly line of State Highway 114 to the beginning of a curve, concave to the southwest, having a radius of 7,659.44 feet, and a long chord which bears 88.30 feet, North 52 degrees 03 minutes 07 seconds West; THENCE Northwesterly a distance of 88.30 feet, continuing along the northerly line of State Highway 114, and along said curve, the most southerly corner of a fifteen feet (15') wide Sanitary Sewer Easement conveyed to the City of Southlake in Volume 15572, Page 15, Deed Records, Tarrant County, Texas, from which a 1/2" iron pin found with cap marked, "W.W. WARD RPLS 2014" bears 60.00 feet, North 52 degrees 36 minutes 24 seconds West; THENCE North 37 degrees 37 minutes 04 seconds East a distance of 25.00 feet to the beginning of a curve, concave to the southwest, having a radius of 7,684.44 feet, and a long chord which bears 88.59 feet, South 52 degrees 03 minutes 07 seconds East; THENCE Southeasterly a distance of 88.59 feet along said curve; THENCE South 51 degrees 37 minutes 27 seconds East a distance of 117.58 feet to the east line of said D /FW- Highway 114 /Highlands tract, and to the west line of said Onsom tract, from which a 1/2" iron pin found for the northwest corner of said Onsom tract bears 66.88 feet, North 01 degree 27 minutes 06 seconds West; THENCE South 01 degree 27 minutes 06 seconds East a distance of 32.55 feet along the east line of said D /FW- Highway 114 /Highlands tract, and-the west line of said Onsom tract, to the POINT OF BEGINNING, said described tract containing 0.124 of an acre of land. Bearings based on the Texas State Plane Coordinate System, North Central Texas Zone. A drawing should accompany this description. 4 s. At. 1,OF it • k ` c: 1projects144878',sewer easement field noles.doc R©o04 w. t • e.: 44 .41► .; . / AREA ,� �+ Tp 7 �� INC. lv' `r . :: A A SURVEYING, IN ° . ' UR4 r ` / Surveying ,t Mapping vas-e8' , - 97 r Fax: 517.764. 28 II _. _ .. t fe.t tli>G:T S.1 EL. EUife 3�f0. x:31 %5*.wL TX 7!132 LG11 11Vai i e. 51 7 • Exhibit B ...,. r rLJ F VJ , I > U 0 0 � 3.643 Acres to D /FW— Highway 1 o 1- �\ N 4- i , 1 14 /Highlands, Ltd., Volume 9742, >, -0 o N. Page 1787, DRTCT 1 cn —_I \i LO 0_ N ` L(7 1 0 o' - i to � N 1 v 2 0 N 37 °37'04" E 14, I ¢ I v 25.00 . I Nb c: cl Cl, ••-- o = 00 w J -I-' el- c. s, CD 1 o E - ' ° v 1 �r w I Et W � i A N ' 1 /2" iron .�� �/` ss N I pin found N O tf� Olio Q J. • r • — _ . U} r d. � Lo • 0>, 0 � O " 1 O morn ® ( J. '' (n 1 IDoo ,, 0_ s c• F v d o ' �3 j, -y �j I 7 F. U N < S • I ( 00 O O , j ,'' ) Itc 0 J N I . Lc) 77 J , ` O o, > > � , _ C O Curv Table R . p NUMBER ARC LENGTH RADIUS DELTA ANGLE CHORD DIRECTION CHORD LENGTH 0 • ` '' • \ C1 88.30 7659.44 00'39'38" N 52'03 W 88.30 TexDOT \ C2 , 88.59 7684.44 00'39'38" S 52'03'07" E 58.59 monument \ Note: found Bearings based on the Texas State Plane Coordinate Map Showing System, North Central Texas zone. A Twenty—Five Feet (25') `, � Permanent Utility Easement in i ,App °Te 1 . •, the • R W. • i A. H. Chivers Survey • � �!• s T` Abstract Number 299 9 A City of Southlake, Tarrant County, NORTH Texas. Prepared 02/07/11 Scales 1° = 40' r AREA SURVEYING, INC Surveying /Mapping • • Web: areasurvaying.com Voice: 817.294.4490 / Fax: 817.764.2328 COPYRIGHT 2011, ROGER W. HART, RPLS Mail: 6080 S. Hulen St., Suite 360, #226 / Fort Worth, TX 76132 err ■ a9111190a p. 4/7 • . MARY LOUISE GARCIA t • COUNTY CLERK } 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 #: D211119228 E 7 PGS $36.00 By D211119228 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