John Freeman Survey, Abstract No. 529 - Waterline, Sanitary Sewer, Drainage Easement Electronically Recorded Tarrant County Texas
Official Public Records 3/23/2012 3:03 PM D212071105
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CJ �Y OF SOUT HLAKE t A
WATERVI PARY SEWER AN A NA EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF TARRANT §
That GREENWAY 1709 /ELEVEN PARTNERS, L.P., a Texas limited
partnership, SOUTHLAKE PLAZA II, L.P., a Texas limited partnership, CARRIER
VILLAGE DEVELOPMENT, INC., a Texas corporation, NORTHWEST GSS, INC.,
a Texas corporation, KENNETH W. SHAW, RUTH FITZGIBBONS, and BRIAN
WORAM, individuals (all of the foregoing entities and individuals being collectively
referred to as GRANTORS, and each being a 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 permanent and perpetual easement (the "Easement ")
for the purpose of installing, repairing, maintaining, altering, replacing, relocating (within
the easement area described herein), rebuilding, removing, and operating (i) a water line
not exceeding ten (10) inches in diameter (the "Water Line "); (ii) a sanitary sewer (the
"Sanitary Sewer "); and (iii) drainage facilities in, into, upon, over, across, under and
through all that land in Tarrant County, Texas described as follows, to -wit:
A Water Line, Sanitary Sewer and Drainage Easement containing
approximately 11,268 square feet, as more particularly described in
Exhibit "A" attached hereto and incorporated herein (the "Easement
Tract ");
together with the right of ingress and egress as necessary for such purposes.
Each GRANTOR covenants and agrees that such GRANTOR and GRANTOR's
respective 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 temporary or permanent structures, 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, buildings or other
obstructions as may now be found upon said permanent easement. Grantee will relocate
any fences lying across the easement property that it removes. Grantors shall have the
additional rights, and this easement shall be subject to, the additional terms and
reservations set forth on Exhibit B attached hereto, to the extent of such Grantor's interest
in the Easement Tract.
WATER LINE EASEMENT - PAGE 1
It is further intended that the Easement herein granted to GRANTEE shall run
with the land and forever be a right in and to the land belonging to each GRANTOR, and
such GRANTOR'S successors and assigns, and said grant is expressly excepted from any
right of reversion of said premises under any prior deeds in any GRANTOR's chain of
title. The Easement, and the rights and privileges granted therein are exclusive, except as
set forth on Exhibit B, and except as set forth on Exhibit B, each GRANTOR covenants
that it will not convey any other easement or conflicting rights within the area covered by
the grant to any other person.
No further text on this page
Signature pages follow
F: \GIC \151018 Kimball Crossing \120309 REVISED Water, Sewer, & Drainage Easement (City of Southlake).doc
WATER LINE EASEMENT - PAGE 2
•
IN WITNESS WHEREOF, this instrument is executed as of the day of February,
2012.
GRANTOR'S ADDRESS:
2808 Fairmount Street, Suite 100
Dallas, Texas 75201 GRANTOR:
GREENWAY- 1709/ELEVEN
PARTNERS, L.P.,
a Texas limited partnership
By: Greenway -1709 Eleven, c.,
a Texas corporation,
General Partner ,
By: ►,►n
G.H. Stool, Preside t
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this 15 day of February,
2012, by G.H. Stool, President of Greenway -1709 /Eleven, Inc., Texas corporation,
General Partner of Greenway - 1709 /Eleven Partners, L.P., a Texas lim - .., ship, on
behalf of said limited partnership.
1 in7 ublic, State of 7 -
�. -- My mission Expires: NOW es
17
WATER LINE EASEMENT - PAGE 3
GRANTOR'S ADDRESS:
3309 Colgate Avenue
Dallas, Texas 75225
GRANTOR:
SOUTII,AKE PLAZA II, L.P.,
a Texas limited partnership
k ,r r, - 4101 L. WAGNER By: Southl. e Pl... /
: a Notary Public a Te . co -. or i• AGe :: Partner
* - • State of Texas
'` M, Comm 10-22-2015 - - - - - -- By i ke
, /r
Name: o F D. Gourley
Title: resident
STA'L'E OF TEXAS §
COUNTY OF . cJ & S §
This instrument was acknowledged before me on this 1L( day of February,
2012, by John D. Gourley, President of Southlake Plaza Corp., a Texas corporation,
General Partner of Southlake Plaza II, L.P., a Texas limited partnership, on behalf of said
limited partnership.
c i
Not ry Public, State of -1 eika S
My Commission Expires: I o -'Z2- Zo 15
i
i -fir .
WATER LINE EASEMENT - PAGE 4
GRANTOR'S ADDRESS:
7632 Westwind Drive
Fort Worth, Texas 76179 GRANTOR:
CARRIER VILLAGE DEVELOPMENT,
INC.,
a Texas corpor. •n
0,1kr 0 4, HEIDI L. WAGNER
fn. Notary Public
" ,, State of Texas BY: L CoaMn. Estphs 10.22.2 _
° 1y _ Name�ri e Quic sail
a y . _
Title: " resident
STATE OF TEXAS §
COUNTY OF .`,\,a S §
This instrument was acknowledged before me on this 15 day of February,
2012, by Jerry Quicksall, President of Carrier Village Development, Inc., a Texas
corporation, on behalf of said corporation.
Nota Public, State of /(Q
My Commission Expires: I 0 - Zz - Zo t5
WATER LINE EASEMENT - PAGE 5
GRANTOR'S ADDRESS:
2711 Lyndon B. Johnson Freeway
Suite 130
Dallas, Texas 75234
GRANTOR:
NORTHWEST GSS, INC.,
a Texas corporation (-7,
By: ' .
Name: Kenn . Shaw
Title: Vice President
STATE OF TEXAS §
COUNTY OFf 6/a' §
This instrument was acknowledged before me on this /3 day of February,
2012, by Kenneth W. Shaw, Vice President of Northwest GSS, Inc., a Texas corporation,
on behalf of said corporation.
a, i .
Notary Public, State of - ML.04 —
My Commission Expires: - -
KAREN SIEWINSKI `*' '' MY COMMISSION EXPIRES 1
y'k g....a October 28, 2014
WATER LINE EASEMENT - PAGE 6
1
GRANTOR'S ADDRESS:
2711 Lyndon 13. Johnson Freeway
Suite 130
Dallas, Texas 75234
GRANTOR:
KENNETH W. SHAW
STATE OF TEXAS §
COUNTY OF A §
This instrument was acknowledged before me on this /.9 day of February,
2012, by Kenneth W. Shaw.
tary Public, State of '\ f—
My Commission Expires:
KAREN SIEWINSKI
7. MY COMMISSION EXPIRES
October 28, 2014
�. -
WATER LINE EASEMENT - PAGE 7
GRANTOR'S ADDRESS:
(o2cn r.
P -rx 5 zys
GRANTOR:
RUTH FITZGIBBONS
STATE OF -4iL.S §
COUNTY OF 5 §
This instrument was acknowledged before me on this / L day of February,
2012, by Ruth Fitzgibbons.
, \ % %&NN 4. y No y Public, State of ri 1'4/0
p� ARY p O My Commission Expires:
.,
8,2r 3 ,.
''°% - 201
WATER LINE EASEMENT - PAGE 8
GRANTOR'S ADDRESS:
382i j&v
0 It s edcas - 7 522 S
GRANTOR:
BRIAN WORAM
STATE OF ,/,GW At..K §
COUNTY OF Ai,,ecu 7k §
This instrument was acknowledged before me on this ,7,2 day of February,
2012, by Brian Woram.
r
Notar ' ubli , State /
My Commission Expires: ,o
DOUGLAS DUZANT
Notary Public, State of New York
No. 01DU6195337
Qualified in Queens County
Commission Exnires 10/20/2012
WATER LINE EASEMENT - PAGE 9
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument dated the day of February, 2012, from GREENWAY- 1709/ELEVEN
PARTNERS, L.P., a Texas limited partnership, SOUTHLAKE PLAZA II, L.P., a
Texas limited partnership, CARRIER VILLAGE DEVELOPMENT, INC., a Texas
corporation, NORTHWEST GSS, INC., a Texas corporation, KENNETH W. SHAW,
RUTH FITZGIBBONS, and BRIAN WORAM, individuals 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: Mafia) X), )00
Mapor, City of Southlake
rthijOla koTem
ATTEST:
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
WATER LINE EASEMENT - PAGE 10
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•
EXHIBIT "A"
Legal Description
CITY OF SOUTHLAKE
WATER, SANITARY SEWER AND DRAINAGE EASEMENT
Description of a 11,268 square foot tract of land situated in the John Freeman Survey,
Abstract No. 529 in the City of Southlake, Tarrant County, Texas; said 11,268 square
foot tract being a portion of a called 10.3601 acre tract of land conveyed to Southlake
Plaza II, L.P., et al by Special Warranty Deed recorded in County Clerk Document No.
D198194594, Deed Records, Tarrant County, Texas, and a portion of a called 11.208 acre
tract of land conveyed to Greenway -1709 /Eleven Partners, L.P. by General Warranty
Deed recorded in County Clerk Document No. D 197109628, Deed Records, Tarrant
County, Texas; said 11,268 square foot tract being more particularly described by metes
and bounds as follows:
BEGINNING, at the northwest corner said 10.3601 acre tract and the northeast corner of
said 11.208 acre tract; said point also being on the south right -of -way line of F.M. Road
No. 1790, a 130 -foot public right -of -way;
THENCE, North 89 degrees 37 minutes 14 seconds East, with said right -of -way line and
the north line of said 10.3601 acre tract, a distance of 60.00 feet to a point for corner;
THENCE, South 00 degrees 00 minutes 32 seconds West, a distance of 15.00 feet to a
point for corner;
THENCE, South 89 degrees 37 minutes 14 seconds West, a distance of 25.00 feet to a
point for corner;
THENCE, South 00 degrees 00 minutes 32 seconds West, a distance of 69.19 feet to an
angle point;
THENCE, South 30 degrees 00 minutes 32 seconds West, a distance of 16.00 feet to an
angle point;
THENCE, South 00 degrees 00 minutes 32 seconds West, a distance of 274.31 feet to a
point for corner;
THENCE, South 89 degrees 37 minutes 38 seconds West, a distance of 15.00 feet to a
point for corner;
THENCE, North 00 degrees 00 minutes 32 seconds East, a distance of 87.25 feet to a
point for corner;
THENCE, South 89 degrees 51 minutes 51 seconds West, at a distance of 12.00 feet pass
the west line of said 10.3601 acre tract and the east line of said 11.208 acre tract;
continuing, in all, a distance of 24.00 feet to a point for corner;
THENCE, North 00 degrees 00 minutes 32 seconds East, a distance of 205.02 feet to a
point for corner;
THENCE, North 89 degrees 51 minutes 51 seconds East, at a distance of 12.00 feet pass
the west line of said 10.3601 acre tract and the east line of said 11.208 acre tract;
continuing, in all, a distance of 32.00 feet to a point for corner;
THENCE, North 00 degrees 00 minutes 32 seconds East, a distance of 65.06 feet to a
point for corner;
WATER LINE EASEMENT - EXHIBIT A
pitta. ?or g
THENCE, South 89 degrees 37 minutes 14 seconds West, a distance of 20.00 feet to a
point for corner;
THENCE, North 00 degrees 00 minutes 32 seconds East, a distance of 15.00 feet to the
POINT OF BEGINNING;
CONTAINING, 11,268 square feet of land, more or less.
WATER LINE EASEMENT - EXHIBIT A
gQhg g of g
EXHIBIT "B"
Additional Terms and Conditions
1. All notices given or required under this 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 if to a Grantor, at the
address on such Grantor's signature page, or if to Grantee, at the following
address, or such other address as any such party shall from time to time designate
in writing:
TO GRANTEE:
City of Southlake
1400 Main Street, Suite 320
Southlake, Texas 76092
Attn: Director of Public Works
2. Grantee will utilize the Easement Tract only for the purposes stated therein and
any manholes and appurtenances to the Water Line and /or the Sanitary Sewer
(including underground communications lines for monitoring and controlling flow
and valves) (collectively, the "Water and Sewer Improvements "). Except as
provided in Paragraph 3 and except for the Water and Sewer Improvements, no
structures, improvements or impediments shall be constructed on, under or across
any portion of the Easement Tract.
3. Each Grantor, its successors and assigns, reserve, retain, and shall have the right
to fully use and enjoy the said premises covered by the Easement Tract, to the
extent of such Grantor's interest therein, including the right to lay out and
construct and maintain streets, drives, entrances and exits, alleys, landscaping,
parking lots, fences, walls and utilities across said Easement Tract, provided that
such improvements do not endanger or interfere with the normal operation of the
Water and Sewer Improvements or the Drainage Facilities and provided that
Grantor provides Grantee with plans for said construction of said improvements
prior to construction or installation thereof Each Grantor reserves the right to use
the Easement Tract in common with Grantee, to the extent of such Grantor's
interest therein, provided that such use(s) do not endanger or interfere with the
normal operation of the Water and Sewer Improvements or the Drainage Facilities
and provided such Grantor maintains minimum clearances over said Water and
Sewer Improvements and Drainage Facilities as required by prudent and
customary engineering practices, standards, and applicable codes. No Grantor
shall have the right to erect buildings on or over any portion of the Easement
Tract.
WATER LINE EASEMENT - EXHIBIT B
4. In addition to the consideration recited above for the grant of this easement,
Grantee will restore the Easement Tract and adjacent property to a condition as
good or better as exists on the date prior to any work, including but not limited to
fences, driveways, drainage channels, terraces, and other improvements damaged
by the use of the Easement or the Easement Tract.
5. This conveyance is expressly subject to all existing rights -of -way and other
matters of record or visible upon inspection of the Easement Tract.
6. The easements, covenants, and restrictions set forth in this Agreement shall run
with the land and shall be binding on each Grantor and Grantee, their successors
and assigns. The obligations of each Grantor under this Agreement are several,
and not joint and several, and no Grantor shall be liable or responsible in any way
for any act or omission of any other Grantor. Nothing in this Agreement shall be
construed to make any Grantor a partner or joint venture with any or all of the
other Grantors, nor to render any Grantor liable for any obligation of another
Grantor.
7. 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.
WATER LINE EASEMENT - EXHIBIT B