Westlake/Southlake Park Addition No. 1 (Lot 1, Block 1) - Grant of Temporary Easement • Electronically Recorded Tarrant County Texas
Official Public Records 4/2/2013 9:13 AM D213081420
LI.ci PGS 10 $52.00
Mary Louise Garcia Submitter: SIMPLIFILE
EXHIBIT "F"
GRANT OF TEMPORARY 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
TEMPORARY CONSTRUCTION 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, the non - exclusive, temporary right to
construct facilities and roads, with all necessary appurtenances thereto, 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 until a time not to exceed eighteen (18) months
from the date hereof (the "Term "), 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 "), solely for purposes of facilitating the construction of a
. thirty inch (30 ") water line on the thirty foot (30') wide tract of land located immediately
adjacent and parallel to the Easement Area, as more particularly described in that certain
Water Line Easement granted by Grantee to Grantor contemporaneously herewith, which
Water Line Easement is recorded under Document Number A in the Real Property
Records of Tarrant County, Texas. 440. i 30 4-cl 01
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 ARE, 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
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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.
Prior to the expiration of the Term, Grantee shall at its expense promptly restore the
Easement Area to substantially the same condition existing as of the date hereof. 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. The provisions of
the preceding sentence shall survive the expiration or termination of this Temporary
Construction Easement.
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
cancelled 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 of facilities, roads or utilities as permitted herein,
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
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 Temporary Construction
Easement.
TO HAVE AND TO HOLD the same unto the Grantee. The rights herein granted
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are made and accepted by Grantee subject to all encumbrances of record to the extent they
validly affect the Easement Area.
[Signature and Acknowledgement Page Follows]
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WITNESS OUR HANDS, the day of , 2012.
GRANTOR:
BRIAN SUMMERS, SOLELY
AS RECEIVER AND NOT
PERSONALLY
B y :
Brian Summers, solely as
Receiver and not personally
GRANTEE:
CITY OF SO ' LAKE, TEXAS
,.
By:
Terrell, Mayor
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EXECUTED this ,3�� day of December, 2012.
GRANTEE:
CITY OF SOUTHLAKE, TEXAS
•
By: John Terrell, /ayor
City of Southlake, Texas
1400 Main Street
Southlake, Texas 76092
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GRANTOR'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this *FS day of `1\1\ ,
2012 by Brian Summers, solely as Receiver and not personally, appointed over cei 'n 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 Pu.6.0 a� 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 0 day of
alt ,2012.
,evg
'% LORI ANN REAP
i *C I 77 MY COMMISSION EXPIRES
i. =' November 22, 2014 My Commission Expires:
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AA , a.o►
LO 22,‘ +a 0f\ t\ -0--R-P
Typed or Printed Name of Notary
Notary Public in and for
The State of Texas Commission Expires: \ au 1LI
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GRANTEE'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this 34 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
-- eeewNb - e.( - , 2012.
My Commission Expires:
Notary Public in and for
The State of Texas Commission Expires:
60 R** *** ** **trtr ***** *** ************** 9f.
c) • P�e = N to ry P $ Notary Public in and for The State of Texas
€ : c o* STATE OF TEXAS o Commission Expires: $ 1 I [ 2,0 E3
• c My Commission ¢
4'ta;-T:P '` p
Expires 08/01/2013
+ 304441. 0* *44a444 44444 ** 444444444D444444
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EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 20 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 20
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 89.64 feet from the Northeast corner of said Lot 1;
THENCE S 36 °42' 30" E 20.11 feet, to a point;
THENCE S 33 °37' 53" E 92.00 feet, to a point;
THENCE S 12 °35' 12" W 28.68 feet, to a point;
THENCE S 32 °22' 57" E 74.85 feet, to a point;
THENCE S 77 °24' 34" E 32.29 feet, to a point;
THENCE S 33 °37' 53" E 376.52 feet, to a point;
THENCE S 78 °42' 43" E 39.13 feet, to a point;
THENCE N 54 °52' 25" E 19.23 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 20.10 feet, along the Southwest right -of -way
line of said State Highway No. 114, to a point;
THENCE S 54 °52' 25" W 25.83 feet, to a point;
THENCE N 78 °42' 43" W 56.02 feet, to a point;
THENCE N 33 °37' 53" W 376.78 feet, to a point;
THENCE N 77 °24' 34" W 32.54 feet, to a point;
THENCE N 32 °22' 57" W 91.42 feet, to a point;
THENCE N 12 °35' 12" E 28.43 feet, to a point;
THENCE N 33 °37' 53" W 82.93 feet, to a point;
THENCE N 36 °42'30" W 35.18 feet, to a point in the North boundary
line of said Lot 1;
THENCE N 89 °26' 14" E 24.77 feet, along the North boundary line of
said Lot 1, to the POINT OF BEGINNING,
containing 0.324 acre (14,129 square feet) of
land.
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EXHIBIT "B"
SURVEY
TEMPORARY CONSTRUCTION EASEMENT
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20' WIDE TEMPORARY
CONSTRUCTION EASEMENT
0.324 ACRE
(14,129 SQ.F.)
, ,
LOT 1, BLOCK 1
WESTLAKE/SOLITHLAKE .1 ,B...ik, A \ ‘
PARK ADDITION N. 1
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20' WIDE TEMPORARY
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TOPOGRAMIC 41AprING
0 324 ACRE OF LAND
Waln im.. oat, - KT. COI■ .24-1.41
Ak. 4. (1117) .8,0.7 LOCATED WITHIN LOT 1, BLOCK I
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TARRANT COUNTY. TEXAS $CALE 1 =60 ,f1
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EXHIBIT "C"
PERMITTED ENCUMBRANCES
[to be inserted]
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