Westlake/Southlake Park Addition No. 1 (Lot 1, Block 1) - Grant of Water Line Easement •
' Electronically Recorded Tarrant County Texas
Official Public Records 4/1/2013 8:43 AM D213079013
PGS 8 $44.00
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Mary Louise Garcia Submitter: SIMPLIFILE
EXHIBIT "E"
GRANT OF WATER LINE EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF SOUTHLAKE
WATER LINE EASEMENT
THE STATE OF TEXAS KNOW ALL MEN BY THESE
PRESENTS
COUNTY OF TARRANT
THAT, Brian Summers, solely as Receiver and not personally, appointed over certain
assets and property of Maguire Partners - Solana Limited Partnership pursuant to that certain
Agreed Order Appointing Receiver entered on November 16, 2011, by the 48th District
Court of Tarrant County, Texas in Cause No. 048 - 256363 -11 ( "Grantor "), for and in
consideration of ONE DOLLAR, and other good and valuable considerations paid by the
CITY OF SOUTHLAKE, a home rule municipal corporation in Tarrant County, Texas
( "Grantee "), receipt of which is hereby acknowledged, subject to those matters described in
Exhibit "C" attached hereto and made a part hereof the "Permitted Encumbrances ", does
hereby grant, bargain and convey to said Grantee, personally and any successor entities into
which Grantee may be merged, the non - exclusive right to construct, reconstruct and
perpetually maintain a thirty inch (30 ") water line, together with all necessary appurtenances
thereto (collectively, the "Water Line "), and with the right and privilege at any and all times,
to enter said premises, or any part thereof, as is necessary to the proper use of the rights
granted herein, and for the purpose of constructing, reconstructing and maintaining said
Water Line, and for making connections therewith, in, upon and across that certain tract or
parcel of land in Tarrant County, Texas, being described in Exhibits "A" and "B ", attached
hereto and made a part hereof (the "Easement Area "). Grantee shall have the right to use the
easement granted herein solely for the purposes set forth above.
NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS
MADE BY GRANTOR AS TO THE CONDITION OR SUITABILITY OF THE
EASEMENT AREA, OR OF ANY IMPROVEMENTS NOW OR HEREAFTER
LOCATED ON SUCH AREA, AND THE SAME IS ACCEPTED BY GRANTEE IN
ITS "AS IS ", "WHERE IS ", CONDITION, AND "WITH ALL FAULTS ", AND
WITHOUT ANY REPRESENTATION OR WARRANTY.
Subject to the foregoing, Grantor expressly retains, reserves, and shall continue to
use and enjoy the Easement Area for any and all purposes whatsoever which do not
unreasonably interfere with the use and enjoyment by Grantee of the easement granted
herein, including, but not limited to, the right (i) to construct or locate upon the Easement
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Area pavement, roadways and such other items or materials (except for permanent buildings
and permanent structures) as Grantor shall desire; (ii) to use the Easement Area for
pedestrian and vehicular ingress and egress; (iii) to permit an overlapping gas transmission
pipeline easement in, upon and across the Easement Area, provided the horizontal distance
between the centerline of the Water Line and any such future gas pipeline shall be no less
than fifteen feet (15'), and Grantee agrees to cooperate with Grantor in connection with the
granting and use of any such gas transmission pipeline easement; and (iv) to grant other non-
exclusive easements with respect to the Easement Area.
Following any construction, reconstruction or maintenance of the Water Line,
Grantee shall at its expense promptly restore the remainder of the Easement Area to
substantially the same condition that existed prior to any such construction, reconstruction or
maintenance. Grantee shall be solely responsible for the performance of any maintenance or
repairs that may be required from time to time to the Water Line. During construction,
reconstruction or maintenance of the Water Line, Grantee will use reasonable efforts to keep
the Easement Area free of debris arising out of construction activity.
All work performed by Grantee within and about the Easement Area shall be
performed in a good and workmanlike manner and in compliance with all applicable laws,
rules, regulations, ordinances, directives, covenants, easements and restrictions of record.
Grantee shall not permit any mechanics' or materialmen's liens to attach to the Easement
Area as a result of the exercise of Grantee's rights set forth herein. If any mechanics' and /or
materialmen's liens are attached to the Easement Area in connection with Grantee's exercise
of its rights hereunder, and Grantee fails to fully discharge such lien, by bonding or
otherwise, within ten (10) days after receipt of notice thereof, then Grantor may bond, insure
over or otherwise discharge the lien and Grantee shall reimburse Grantor for any amounts
paid by Grantor, including without limitation reasonable attorneys' fees.
Grantee shall cause all contractors of Grantee entering the Easement Area to obtain
and keep in force at their sole expense commercial general liability insurance with a
minimum combined single limit of $5,000,000 for each occurrence. Said insurance shall
name Grantor as additional insured and shall be issued by an insurance company authorized
to do business in the State of Texas. A certificate evidencing such coverage shall be
delivered to Grantor on or before the date such contractor of Grantee enters upon any part of
the Easement Area. Said insurance policy shall expressly provide that it may not be
canceled without 10 days prior written notice to Grantor.
Grantee hereby releases Grantor and each of its employees and agents and their
respective successors and assigns from any and all claims, demands, proceedings, lawsuits,
liabilities, damages, fines, judgments, or expenses arising on account of injury, death, or
damage to persons or property on the Easement Area, to the extent any such injury, death, or
damage may be incident to, arise out of, or be caused, in whole or in part, by Grantee's entry
onto the Easement Area or the construction, reconstruction, or maintenance of the Water
Line, except to the extent the same is caused by the negligence or willful misconduct of
Grantor, its employees or agents. Further, in no event shall Grantor be liable for any damage
to Grantee's property caused by any tenant, licensee, contractor, or invitee of Grantor or its
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affiliates, or by any other third parties. Notwithstanding anything to the contrary herein, in
no event shall Grantor be liable to Grantee for any consequential, special or punitive
damages in connection with any claims arising under this Water Line Easement.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns.
The rights herein granted are made and accepted by Grantee subject to all matters of record,
to the extent they validly affect the Easement Area.
[Signature and Acknowledgement Page Follows]
WITNESS OUR HANDS, the 3a D day of De.cewNb , 2012.
GRANTOR:
BRIAN SUMMERS, SOLELY
AS RECEIVER AND NOT
PERSONALLY
B
Brian Summers, solely as
Receiver and not personally
GRANTEE:
CITY OF SOUTHLAKE, TEXAS
By
John Terrell, Mayor
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GRANTOR'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this K day of Ao.,
2012 by Brian Summers, solely as Receiver and not personally, appointed over!rtain assets
and property of Maguire Partners - Solana Limited Partnership pursuant to that certain
Agreed Order Appointing Receiver entered on November 16, 2011, by the 48th District
Court of Tarrant County, Texas in Cause No. 048 - 256363 -11, known to me personally (or
proved to me on the oath of DIJ/t or through [describe identity
card or other document] ( ) to be the person
whose name is subscribed to the foregoing document, and acknowledged that s /he executed
the foregoing document on in the capacity and for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF
OFFICE, this the ) day of
= t : %--- LORI ANN REAP , 2012.
'' * MY COMMISSION EXPIRES
> " F • `' November 22, 2014
My Commission Expires:
L'11..o) 1.1r•t%A aca ti U i4
LOS,; A i\f\ `'k •AP
Typed or Printed Name of Notary
Notary Public in and for
The State of Texas Commission Expires: '"n Ua A a a , 3 o wq
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GRANTEE'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this 3C —° day of
1 , 2012 by John Terrell, Mayor of the City of Southlake, Texas, a
municipal corporation of Tarrant County, Texas, on behalf of said municipal corporation.
GIVEN UNDER MY HAND AND SEAL OF
OFFICE, this the 3'� day of
"Dece,r+10-e-c , 2012.
My Commission Expires:
Notary Public in and for
The State of Texas Commission Expires:
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4 _ =. P° ",,� %: Notary Public
a 'v ° a T. RIGGS ''
). ° ® ° Nota ry Public in and for Th St to of Texas
*r; J : *_ STATE OF TEXAS a Commission Expires: 2. / 1 � 2 - 0l3
' °, My Commission
�'4jF� -, _k_ '• Expires 08/01/2013 a
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EXHIBIT "A"
LEGAL DESCRIPTION
WATER LINE EASEMENT
BEING a 30 foot wide strip of land located within Lot 1, Block 1, Westlake /Southlake Park
Addition No. 1, to the Town of Westlake, Tarrant County, Texas, according to the plat
recorded in Volume 388 -214, Page 78, of the Plat Records of Tarrant County, Texas. Said 30
foot wide strip of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the North boundary line of said Lot 1, and said Point of
Beginning being located S 89 °26' 14" W 52.49 feet from the Northeast corner of said Lot 1;
THENCE S 33 °37' 53" E 105.61 feet, to a point;
THENCE S 12 °35' 12" W 29.07 feet, to a point at the West corner of an
existing Southwestern Bell Telephone Co.
easement, recorded in Volume 2288, Page
436, of the Deed Records of Denton County,
Texas;
THENCE S 32 °22' 57" E 50.00 feet, along the Southwest boundary line
of said telephone easement, to a point at the
South corner of said telephone easement;
THENCE S 77 °24' 34" E 31.91 feet, to a point;
THENCE S 33 °37' 53" E 376.12 feet, to a point;
THENCE S 78 °42' 43" E 13.81 feet, to a point;
THENCE N 54 °52' 25" E 9.32 feet, to a point in the Southwest right -of
way line of State Highway No. 114, and the
Northeast boundary line of said Lot 1;
THENCE S 29 °30' 13" E 30.15 feet, along the Southwest right -of -way
line of said State Highway No. 114, to a point;
THENCE S 54 °52'25" W 19.23 feet, to a point;
THENCE N 78 °42'43" W 39.13 feet, to a point;
THENCE N 33 °37'53" W 376.52 feet, to a point;
THENCE N 77 °24'34" W 32.29 feet, to a point;
THENCE N 32 °22'57" W 74.85 feet, to a point;
THENCE N 12 °35'12" E 28.68 feet, to a point;
THENCE N 33 °37'53" W 92.00 feet, to a point;
THENCE N 36 °42'30" W 21.11 feet, to a point in the North boundary
line of said Lot 1;
THENCE N 89 °26' 14" E 37.15 feet, along the North boundary line of
said Lot 1, to the POINT OF BEGINNING,
containing 0.448 acre (19,494 square feet) of
land.
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EXHIBIT "B"
SURVEY
WATER LINE EASEMENT
• `'. N. EXHIBIT " B "
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81.1' • 105.6
E
N 38'4290 ^1I ` � '., S 12"35 \ '(2 ^M
p '3Z`5 1I ` 29.07 35 I N SELL
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N 122 '356
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28.88' Q
N 32'22 757
74.85 / ¢
LOT 1. RLOCK 1 . �' • � j
wESTLAKE/SOUTNLAKE 4.
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3
PARK ADDITION Na. 1
VOL. 388 -21.4, PG. 78 '3 NN
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OWNER: emi
MAGUIRE PARTNERS -SOLANA
LAND. L.P.
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4.
30' WIDE PERMANENT
WATERLINE EASEMENT
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TEL: SIT - 718 -.SOY8 t A , A
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LAND &
CRAWFORD 30' WIDE PERMANENT 1 Il i
AI TOPOGRAPHIC MAPPING 7aPOU WATERLINE EASEMENT
TOPOGRAPHIC C MAPPING tna 0.44D ACRE OF LAND
u. „ ,,,,
,K'.,» .as . aas LOCATED WTTRIN LOT 1, 'BLOCK 1
fro .,. or") sag ..," WESTLiKE /SOOTIILAKE it
a.a, 1001 ara4 • was sw. agar ., PARK ADDITION No.1 ?I
im> CI'T'Y OF WESTLAKE,
TARRANT COUNTY, TEXAS SCALE 1"
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EXHIBIT "C"
PERMITTED ENCUMBRANCES
[to be inserted]
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