J.B. Martin Survey, Abstract No. 1134 - Sanitary Sewer Utility Easement
,
~) 7 J
~~.'J ¡)
OFFICIAL RECO~~
SANIT ARY SEWER UTILITY EASEMENT
THE STATE OF TEXAS
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
THAT, 300 CONVENT STREET CORPORA nON, a Texas corporation ("Grantor"), for
and in consideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00) Dollars and other good
and valuable consideration to Grantor in hand paid by the CITY OF SOUTHLAKE, a Texas
municipal corporation, situated in the County of Tarrant, State of Texas ("Grantee"), the receipt of
which by Grantor is hereby acknowledged, has granted and conveyed, and by these presents does
grant and convey, to the Grantee, ~. non-exch.~sive easeme¡-¡t (th¡;; "Easement") for the purpose of
installing, repairing, maintaining, altering, replacing, relocating, and operating sanitary sewer utilities
(the "Sanitary Sewer") in, into, upon, over, across and under that land in Tarrant County, Texas,
more particularly described as follows:
See attached Exhibit "A", which is attached hereto and incorporated herein, for a metes and
bounds description together with the right of ingress and egress as necessary for such
purposes;
See attached Exhibit "B", which is attached hereto and incorporated herein, for a graphic
depiction.
TO HA VE AND TO HOLD the above described Easement, together with all and singular,
the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and
assigns, for so long as this Easement is used for the purposes set forth herein; and, subject to any and
all easements, rights, restrictions and encumbrances filed of record in the real property records of
Tarrant County, Texas, or which an on-the-ground inspection would reveal, and subject to the
following reservation, stipulations, terms and conditions, to-wit:
1. Grantee agrees that the Sanitary Sewer shall be installed and maintained in
accordance with its own zoning codes and permits, including but not limited to the tree preservation
oràinance, for the City of Southlake, State of Texas, and with all applicable state and federal laws,
codes and permits, including Federal wetland laws.
2. Grantor reserves itself, its successors and assigns, all rights in and to the Easement
to use and enjoy the same for any purpose not inconsistent with the purpose for which this Easement
is granted, including, without limitation, the right of Grantor to plant, remove or install landscaping,
plants, grass, signs, fences, posts, lights, asphalt, concrete, tar or similar material so as to use the
surface area of the Easement for streets, curbs and driveways, subject to the rights herein granted,
and so long as Grantor does not interfere with the Sanitary Sewer. In the event Grantor, in its use
of the Easement, causes damage to the Sanitary Sewer, Grantor shall reimburse the City for the cost
to repair the Sanitary Sewer.
174072 4/SP3í171011710/041498
3. Upon completion of any construction, repairing, removing or inspection of, or any
maintenance to, the Sanitary Sewer or the Easement, Grantee shall and hereby agrees to repair and
restore the affected area to at least as good a condition, or as otherwise reasonably approved by
Grantor, as the area was in prior to the commencement of any such construction, repairing,
removing, inspection or maintenance.
4. The failure of Grantor, its successors or assigns, to insist in anyone or more instances
upon performance of any of the terms, covenants or conditions of this instrument shall not be
construed as a waiver or a relinquishment of the future performance of any such term, covenant or
condition by Grantee, but the obligation of Grantee with respect to such future performance shall
continue in full force and effect.
5. Gra..'1tee agrees that, in tht; construction, maintenarlce and operation of the Sanitary
Sewer, no hazardous materials or hazardous substances, as defined under applicable federal, state,
or local law, as such laws now or hereinafter exist ("Hazardous Materials"), shall be used, stored,
generated, released or be disposed of in violation of such applicable law. If, Grantee generates,
releases or discharges any Hazardous Materials in constructing, inspecting, repairing, maintaining,
replacing, changing, removing or operating the Sanitary Sewer, then the Grantee shall be solely
responsible for any cleanup, remediation, removal or restoration mandated by applicable law;
Grantor shall have the right to reasonably approve any method or remediation to the extent such
remediation involves land owned by Grantor, its successors and assigns. Grantee shall not be
responsible for the cleanup, remediation, removal or restoration costs resulting from the release, use,
or storage of Hazardous Materials on the Easement, or other property owned by Grantor, before the
date of execution of this Easement. Grantee shall provide written notice to Grantor of the discovery
of any Hazardous Materials in, on or under the Easement, within five (5) calendar days of such a
discovery.
6. Grantee shall clean up and remove any trash and debris and repair and replace fences,
streets, curbs and other damages caused by said construction or repair of the Sanitary Sewer.
7. Grantee shall use diligent efforts to complete all excavation and construction
necessary for the installation of the Sanitary Sewer on or before December 31, 1998. The Easement
shall exist until the city permanently abandons the pff~mises, in wÞich event said Easement shall
cease, terminate and revert to Grantor, its successors and assigns.
8. This grant of the Easement is made expressly subject to any and all easements, rights
of way, restrictions and/or encumbrances of any kind that are filed of record in the Tarrant County
Real Property Records and/or the Denton County Real Property Records or which an on-the-ground
inspection would reveal.
9. It is expressly understood that all rights, conveyances or covenants are herein written,
and no verbal agreements of any kind shall be binding or recognized or in any way modify this
instrument or conveyance.
174072 .4/SP31171 01171 0/041498
2
IN WITNESS WHEREOF, the Grantor has executed this instrument as of the date and year
first written above.
300 CONVENT STREET CQRP-ORA TION,
a Texas corporati.Ot1...,. î ! .' ,~/ -
~ i..', /
. r-°_j By: \) ,I o' JC
~f' N . ~ .
ame. "-.!. ,..
Name: "'T hJr",<,.J u! £1./1 .J
ACCEPTED AS TO FORM AND SUBSTANCE BY:
By:
Name:
Title:
CITY OF SOpTHLAKE
.;1'// 0, . /1 /. ; /,
/ '~'~¿"(i_¿¡ I,{;¡ cc'-t ..t.(o cl
Shana YelÝ'érton
Assistant City Manager
174072 4/SP3117101l710/041498
3
STATE OF J/~LLr l/fF'/ §
(. ' §
COUNTY OF'")'} ~_l~IL§
- .-' Before me P if ",¿-1A J 2^-Y//')~':fi? on this day per~onally. appeared
.~" . kJ¿:-'¿~ ,HI,vft' , known by e to be the person whose name IS subscnbed to the
foregoing instrume t and acknowledged to me that he or she executed the same on behalf of 300
Convent Street Corporation, a Texas corporation, for the purposes and consideration therein
expressed.
Given under my hand and seal of office this J G
day of I1r f!
,1998, AD.
and State
My Commission Expires:
F. MAUREEN DUFFY
Notary Public. State of New York
No. 02DU4915342
Qualified in.Westchester County ,~
Commission Expires November 30. 199+
Recorder, please return file stamped copies of this instrument to:
Grantee at:
City of Southlake
c/o Sandra LeGrand
City Secretary
667 N. CaroB Ave.
Southlake, TX 76092; and
GraIltor at:
Strasburger & Price, LLP.
c/o David Pratt, Esq.
901 Main Street, Suite 4300
Dallas, TX 75202
J 74072.4/SP3Jl710¡1710/041498
4
S~~ARYSEWEREASEMENT
Being a tract of land situated in the J. B. Martin Survey, Abstract No. 1134 and the R. D. Price Survey, Abstract No. 1207,
Tammt County, Texas and being a portion of that tract of land as described in Special Warranty Deed to 300 CONVENT
STREET CORP. as recorded in Volume 12782, Page 110 of the Deed Records of Tarrant County, Texas and being more
particularly described as follows:
COMMENCING at a Texas Highway Deparnnent concrete monument found at the most southeasterly comer of a comer clip at
the intersection of the northeasterly right-of-way line of State Highway No. 114 (variable width right-of-way) and the northerly
right-of-way line of Dove Road (variable width right-of-way);
THENCE South 89 degrees 39 minutes 47 seconds East, along the northerly right-of-way line of said Dove Road, a distance of
1028.53 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap set for a comer;
THENCE North 00 degrees 25 minutes 42 seconds East, departing the northerly right-of-way line of said Dove Road, a distance
of243.01 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap set at the beginning ofa curve to the left having a central angle of
33 degrees 59 minutes 40 seconds, a radius of 1808.50 feet and being subtended by a chord of North 16 degrees 34 minutes 08
seconds West a distance of 1057.:)4 feet;
THENCE, along said curve in a northwesterly direction, an arc distance of 1073.01 feet to the end of said curve;
THENCE North 33 degrees 33 minutes 58 seconds West, a distance of 481.33 feet to the beginning of a curve to the right having
a central angle of 08 degrees 16 minutes 06 seconds, a radius of2070.50 feet and being subtended by a chord of North 29 degrees
25 minutes 55 seconds West a distance of298.53 feet;
THENCE. along said curve in a northwesterly direction, an arc distance of 298.79 feet to the end of said curve;
THENCE North 25 degrees 17 minutes 52 seconds West, a distance of 200.00 feet to the beginning of a curve to the left having a
central angle of 08 degrees 00 minutes 27 seconds, a radius of 1454.50 feet and being subtended by a chord of North 29 degrees
18 minutes 05 seconds West a distance of 203 .11 feet;
THENCE. along said curve in a northwesterly direction, an arc distance of 203.28 feet to a 5/8 inch iron rod set with "Huitt-
Zollars" cap set at the end of said curve;
THENCE North 58 degrees 16 minutes 21 seconds East, a distance of 1 04.68 feet to the beginning of a curve to the right having a
central angle of26 degrees 50 minutes 40 seconds, a radius of250.00 feet and being subtended by a chord of North 71 degrees 41
minutes 41 seconds East a distance of 116.06 feet:
THENCE. along said curve in a northeasterly direction, an arc distance of 117.13 feet to the point of compound curvature of a
curve to the right having a central angle of 07 degrees 40 minutes 56 seconds, a radius of 263.78 feet and being subtended by a
. chord of North 88 degrees 57 minutes 29 seconds East a distance of35.34 feet;
THENCE, along said curve in a northeasterly direction, an arc distance of 35.37 feet to a 5/8 inch iron rod set with "Huitt-Zollars"
cap for the POI1'1iT OF BEGINNING;
THENCE North 00 degrees 54 minutes 47 seconds East, a distance of 178.17 feet to the beginning of a non-tangent curve to the
right having a central angle of 04 degrees 23 minutes 31 seconds, a radius of 682.50 feet and being subtended by a chord of North
03 degrees 03 minutes 08 seconds East a distance of 52.30 feet;
THENCE. along said curve in a northeasterly direction, an. arc distance of 52.32 feet to the end of said curve;
Sheet I of 5
JISUR VE't2l87'O l \WP\REVESMTLGL
1/15/98
THENCE North 05 degrees 14 minutes 53 seconds East, a distance of 97.37 feet to the beginning ofa non-tangent curve to the left
having a central angle of 14 degrees 00 minutes 06 seconds, a radius of 667.50 feet and being subtended by a chord of North 01
degrees 45 minutes 10 seconds West a distance of 162.71 feet;
THENCE, along said curve in a northwesterly direction, an arc distance of 163.12 feet to the end of said curve;
THENCE North 10 degrees 20 minutes 31 seconds West, a distance of 288.81 feet to a 5/8 inch iron rod set with "Huitt-Zollars"
cap;
THENCE North 10 degrees 23 minutes 46 seconds West, a distance of 3 10.38 feet to the beginning of a non-tangent curve to the
right having a central angle of 12 degrees 52 minutes 45 seconds, a radius of682.50 feet and being subtended by a chord of North
08 degrees 22 minutes 04 seconds East a distance of 153.09 feet;
THENCE, along said curve in a northerly direction, an arc distance of 153.42 feet to the beginning of a non-tangent curve to the
right having a central angle of 12 degrees 06 minutes 31 seconds, a radius of 682.50 feet and being subtended by a chord of North
45 degrees 22 minutes 16 seconds East a distance of 143.97 feet;
THENCE, along said curv'(; in a northeasterly direction, an arc distance of 144.24 feet to a 5/8 inch iron rod set with "Huitt-
Zollars" cap;
THENCE North 23 degrees 01 minutes 07 seconds West, a distance of218.55 feet to the beginning ofa curve to the right having
a central angle of 16 degrees 39 minutes 43 seconds, a radius of685.00 feet and being subtended by a chord of North 14 degrees
41 minutes 15 seconds West a distance of 198.50 feet;
THENCE, along said curve in a northwesterly direction, an arc distance of 199.20 feet to a point on the northwesterly line of the
said 300 CONVENT STREET tract and being on the southeasterly line of the INTERNATIONAL BUSINESS MACHINES
CORPORA TION (IBM) tract as recorded in Volume 12782, Page 109 of the Deed Records of Tarrant County, Texas;
THENCE North 20 degrees 48 minutes 02 seconds East, along the common line of said 300 CONVENT STREET tract and the
IBM tract a distance of 46.66 feet to a point for a comer and being the beginning of a non-tangent curve to the left having a central
angle of 20 degrees 14 minutes 29 seconds, a radius of 665.00 feet and being subtended by a chord of South 12 degrees 53
minutes 52 seconds East a distance of233.71 feet;
THENCE, along said curve in a southeasterly direction, an arc distance of234.93 feet to the end of said curve;
THENCE South 23 degrees 01 minutes 07 seconds East, a distance of 228.76 feet to the beginning of a non-tangent curve to the
left having a central angle of 13 degrees 14 minutes 52 seconds, a radius of 667.50 feet and being subtended by a chord of South
46 degrees 13 minutes 13 seconds West a distance of 153.99 feet;
THENCE, along said curve in a southwesterly direction, an arc distance of 154.34 feet to the beginning of a non-tangent curve to
the left having a central angle of 12 degrees 27 minutes 40 seconds, a radius of 667.50 feet and being subtended by a chord of
. South 08 degrees 17 m;"1utes 49 seconds West a distance of 144.89 feec:
THENCE. along said curve in a southwesterly direction. an arc distance of 145.17 feet to the end of said curve;
THENCE South 10 degrees 23 minutes 46 seconds East, a distance of 308.76 feet to an angle point;
Sheet 2 of 5
J\S UR VEY' 118 ï\O I \WP\REVESMTLGL
1/15/98
THENCE South 10 degrees 20 minutes 31 seconds East, a distance of 289.02 feet to the beginning of a non-tangent C'JJ'Ve to the
right having a central angle of 14 degrees 01 minutes 09 seconds, a radius of 682.50 feet and being subtended by a chord of South
01 degrees 45 minutes 42 seconds East a distance of 166.58 feet;
THENCE, along said curve in a southeasterly direction, an arc distance of 167.00 feet to the end of said curve;
THENCE South 05 degrees 14 minutes 53 seconds West, a distance of 97.37 feet to the beginning of a non-tangent curve to the
left having a central angle of 04 degrees 23 minutes 31 seconds, a radius of 667.50 feet and being subtended by a chord of South
03 degrees 03 minutes 08 seconds West a distance of51.15 feet;
THENCE, along said curve in a southwesterly direction, an arc distance of 51.1 7 feet to the end of said curve;
THENCE South 00 degrees 54 minutes 47 seconds West, a distance of 179.11 feet to the beginning of a non-tangent curve to the
left having a central angle of 00 degrees 02 minutes 05 seconds, a radius of 534.25 feet and being subtended by a chord of North
83 degrees 59 minutes 19 seconds West a distance of 0.32 feet;
THENCE, along said curve in a Il~rthwesterly direction, an arc dist.mce of 0.32 feet to the point of compound curvature of a curve
to the left having a central angle of 03 degrees II minutes 41 seconds, a radius of 263.78 feet and being subtended by a chord of
North 85 degrees 36 minutes 12 seconds West a distance of 14.71 feet;
THENCE, along said curve in a northwesterly direction, an arc distance of 14.71 feet to the POINT OF BEGINNING and
CONTAINING 0.6806 of an acre, more or less.
For Huitt-Zollars, Inc.
é [\ ~g n t.'L'L.<¡~
~OUdY -}--
Registered Professional Land Surveyor
Texas Registration No. 4862
Huitt-Zollars, Inc.
3 13 1 McKinney Ave.
Suite 600
Dallas, Texas 75204
Tele.214-871-33Il
Date: January 20, 1997
Sheet 3 of 5
J:\SURVEY' 2187\0 1 \ WPIREVESMTLGL
l1l5/98
r-
..
ii
.-
~~Sl E
~!I~ i
;- Q
"~ ~~
! &
9' I
~ !; !
8 f. .
rll~
!ff-
i~':¡4
l¡f~
!il
it
p~~ ~;-
:~~~~~
! 10,.;;: ::¡ -
c ~ ..
~2"ž :a ~
¡io~ ~
: ~ ¡II. ~
~~i:\~ =
» Þ
~ Ii..:a
~ ~ II!I
.~ f ~
~~ =
¡¡~ ~
~ ~ :¡:
~& "I
if¡
..1;
~~
~
...
.
---
- --
--
-
- ---
-
-----
-
----
--.-.- -.- ~
~
0 ¡;;
~~ ;
~I
H
:' I
, ,
DOVE ..o"ü-,~o, ROAD
-""""'- -- _'02~
~
I -
I ~
8~-..
~~
¡~
c.'"
%~~
~:~
~:
;S~
"
~~H~
9;
~t
~~¡
~o~
'~o
~1
~~
s~, ..
~8
¡~
c-'"
~~~
~.~~
-~~
~:
;S~
'-...
.....
: ~ ~
. '.. ~
: ~ ~
;;. -
'-I ~
~~~:~ ~:~i~
~i~!~ i;~I1~
~~';ò(~ ~ t,
~.
\~
..
i
..
~
:¡
i
G~,..
.... .
e:¡m
=~.:¡~.~
II'
~
'"
~ ~..
\°
"-
~
..
'. ~~ Q
. . ..
~
~
J..
~;~î; ~
~~~~i ~
.b~~o Œ
~ZÕ~"';
~;~Ï;; ~
",ž~~îv
¡¡ilia;:
, iII~~~~
~I ~U;;
ii5j~
~~~,:
n~'ð"
h.";
~~pl
:: ~~~
~ ¿ .
--~-- ~
~:n,n nnlnl.o:nlnln.n.2J
Ol"'~ ~ ~I.... ~'N"',~
->-----
';!;:;:;;;~!¡;;';:¡;:;;;:i~:~
:::J~J~;,;,~~jgr..~
~;:i:i~. ~!:J:::~!ap::;
;¡!5; ~'!i!:=:~~
~~~~.g:gJ~~J~~
~---~-
~~~~.; ;,:~;<~;~~~
---
~'~',~ ~'~"Z'Z"'z'g¡
g!~Ii ::;:;,;:':;:!!I~!:;¡¡~
gJt;j:::. ::;J~J~)::J::J~J2JIII
~J~;:;::; 1i::ü.:¡;;";!õJi,j1òi
.~~: :~~.~':'~~.,~fj
-----
II
"'¡;;:;;:;::::¡;;;:,;:;;¡;;:~I I
-'..'. ~ ~,~,~ ~'N,N'
;:;J~i:. S,::J~J!t¡¡J::li!:j~
--,,----_.
f;
i~
"
,::
3
?i
. ;
;;
.Ael~;:Q""':'¡;:;
5¡;~"i:i::'5ë~~
~Â~~S~¡¡,<~~~
¡.~.oiI -.n ~" ;:! c
~a r'¡!ê§~~ ~ ~
l~ .!~.,,~:.¡
~ ,,~~~~to
;;; ~ q '" '"
;: :£ c ~
~ .,..
5 ~ ~
~ ~ ~
~~ ~
!;' ~
~.. "'!
z'"
0 ~
~:
t
o' i
~ ~ ~d
8 I' S
~
'HI
¡liC
~!I=i
I~
ì;f~
PI
.1.
~
~
~
0
~~
~ ~
=~
~8
j~
-'
:;;'::'¡¡
,-+--
~'z,
~
;:-;:j~
,~
....
'"
'~
..,..,~
~ ~
c .,
" ~
~ 0
- ~
.. ~
. -
~ \
...
'~
'"
c-
" ...
~- ..
\ "",
'>. <
~
d
"
----------
.,.
0
..
0
gi
~SJ
~?~
NOI'!
'00
~~
~~
a~...
~
aa-..
. ... .
oz O~8
.:~:¡j
:. .~
;';=:
'~ -~~
~
)
'1/
,/"",
~~ .i ~J
-; :;; :; ~
. :,': III
¡;¡ ~ ,
:; =
. -
. ,
~, ",
;>.
, i~
a, . ~
;
". ~
,//
~ ; ¡
:i -..
í í. '"
~ . ~
. '<.
~ ô '%
. ,,-
,
.~
i~
¡¡¡
¿oz
~~i
~~~
~:;
~~Q
-- "..~
~~
- -- - '-
= =
. >
-.." n~
¡jcž
i~i
~-~~
.~~~
,:;~§~
-~g~
~;~
~~~
~~
¡i
0-'"
.~!
~:~
~~
~~
"'... .
ki~!!i~
~~Lb
.~~..~ !Ii
;¡!õ;;¡ .
~"¡~2 ~
;¡ !"1i?= -'
_Ii_,.
, ~:~~:
~ ~. ~~
;¡~'.:
~,,¡ .
if"- ;¡;. ~;:
;i;¡.,
.~;-;
1 i:~E
:~ÈÈ:
~ r~
D198104326
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0
NOT
DES T ROY
I N D E XED -- TAR RAN T C 0 UN T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
0 F F I C I A L R E C E I P T
T 0:
CITY OF SOUTHLAKE
RECEIPT NO
198212272
REGISTER
DR96
RECD-BY
TO03957
PRINTED DATE TIME
05/15/98 09:43
1
INSTRUMENT FEECD
D198104326 WD
INDEXED
980515
TIME
09:43
CG
TOTAL:
DOCUMENTS: 01
FEES:
27.00
B Y:
ANY PROV S N WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE D RIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.