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HomeMy WebLinkAbout025116 - Construction-Related - Contract - AIL Investments, L.P.CITY SECRETARY (o CONTRACT NO. I UNDERGROUND SANITARY SEWER LINE EASEMENT AGREEMENT This Underground Sanitary Sewer Line Easement Agreement (this "Agreement") is entered into as of the 1st day of April, 1999, between AIL Investment, L.P., a Texas limited partnership ("Grantor"), and the City of Fort Worth, Texas, a municipal corporation of Tarrant County, Texas ("Grantee"). For and in consideration of $1.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the covenants contained herein, Grantor and Grantee agree as follows: 1. Subject to the terms of this Agreement, Grantor hereby grants and conveys to Grantee underground easement and right-of-way (the "Underground Easement") under and across the property described in Exhibit "A" hereto (the "Easement Tract"). This grant and conveyance is made subject to all matters cord. 2. The Underground Easement shall only be used for the purpose of constructing, installing, reconstructing, using, operating, maintaining and removing underground sanitary sewer facilities, together with the right of ingress and egress along and upon the Easement Tract. The sanitary sewer facilities must be buried beneath the surface of the Easement Tract at a depth of at least four feet underground. 3. The Underground Easement is not assignable by Grantee without the prior written consent of Grantor. 4. Grantor reserves and retains the right to use and to grant other rights and easements across or under the Easement Tract to such other persons as Grantor deems proper, provided such uses and other grants do not unreasonably interfere with the use of the Underground Easement by Grantee for the purpose set forth herein. 5. Grantee shall indemnify and hold Grantor harmless for any damage or liability resulting from Grantee's use of the Underground Easement. For the indemnity in the preceding sentence to be effective, Grantor must promptly give Grantee written notice of any claim that may be subject to this indemnity, and Grantor must reasonably cooperate with Grantee in the defense of any such matter, but at no expense to Grantor. 6. Grantee shall promptly repair any damage to improvements on the Easement Tract or surrounding property and restore the surface of the Easement Tract and surrounding property from damage resulting from Grantee's use of the Easement Tract, including the restoration of existing top soil or removal of spoils created during construction by the Grantee. During construction, Grantee shall install such fences, barricades or safety barriers as may be reasonably required to protect the public, livestock or adjacent property. 7. Upon request of Grantor, and at Grantor's expense, Grantee shall relocate to another acceptable Easement Tract provided by Grantor any facilities installed pursuant to this Agreement. 8. Grantee shall not use the Easement Tract in a manner which violates any law or regulation, or which may be dangerous or constitute a public or private nuisance. Grantee shall not locate or dispose on or about the Easement Tract any substance that is subject to any law or Page 1 r l r Underground Sanitary Sewer Line Easement Agreement cbel-1183-usslea-ail-fw U Uv �v`��IIU9 YIS(/�v regulation pertaining to public health, safety, protection or conservation of the environment. If Grantor in good faith believes that substances have been located or disposed on or about the Easement Tract in contravention of the covenant set forth in the preceding sentence, Grantor may conduct such environmental tests of the affected property as it deems appropriate and Grantee shall be responsible for the cost thereof. 9. Grantee shall notify Grantor by telephone at least 48 hours before each construction project commences on the Easement Tract. 10. Grantee shall keep the Easement Tract free of trash and debris. Grantee shall not bury any trash or waste material of any kind on the Easement Tract. 11. This grant of the Underground Easement shall automatically terminate and revert to Grantor upon abandonment by Grantee or when the Easement Tract ceases to be used exclusively for the purposes permitted herein. 12. All notices required or permitted hereby shall be in writing and become effective after being deposited in the U.S. mail, certified or registered with appropriate postage prepaid or, if delivered by some other manner, when actually received. Notices to the parties shall be addressed as follows: To Grantor: AIL Investment, L.P. 13600 Heritage Parkway, Suite 200 Fort Worth, TX 76177 Attention: L. Russell Laughlin To Grantee: The City of Fort Worth, Texas 1000 Throckmorton Fort Worth, TX 76102 Attention: City Manager From time to time a party may designate a new address for the purpose of receiving notices hereunder by giving notice of its new address to the other party in the manner provided above. TO HAVE AND TO HOLD the above -described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and permitted assigns, forever. Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, the said premises, subject to all matters now of record affecting said premises, unto Grantee, its successors and permitted assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED to be effective as of the date first written above. Page 2 Underground Sanitary Sewer Line Easement Agreement cbel-1183-usslea-ail-fw AIL Investment, L.P., a Texas limited partnership By: Hillwood Operating, L .P., a Texas limited partnership, its general partner By: Hillwood Development Corporation, a Texas corporation, its general partner By: sse in, error Vice President ACCEPTED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: The City of Fort Worth, Texas By: G y /—CityManager ��C4 6n ,,,, AT EST: City Secretary THE STATE OF TEXAS § COUNTY OF TARRANT § Z'-Iass7 Contract Authorization 7-�a-91 Date This instrument was acknowledged before me on this day of 1999, by L. Russell Laughlin, Senior Vice President of Hillwood Development Corporation, general partner of Hillwood Operating, L.P., general partner of AIL Investment, L.P., a Texas limited partnership, on behalf of said limited partnership. _` �� MARGAREDF • • Notary Public, otary Pu lc, too Texas My Commission Exp �r�E Of Mfc+r Page 3 Underground Sanitary Sewer Line Easement Agreement cbel-1183-usslea-ail-fw THE STATE OF TEXAS § COUNTY OF TARRANT § This ' trument was pknowled ed before m on, this &f4ay o , 1999, by City Manager of t Ci f Fort Worth, Texas, a municipal co ora 1 n, on behalf of the City of Fort Worth, Te ��"" "��� SARAH 1ANR ADL8 o u lc, State o T as NOTARY PUBLIC a State of Texas ��t Comm. Exp. 01-29-2002 GRANTEE'S ADDRESS: AFTER RECORDING, RETURN TO: The City of Fort Worth The City of Fort Worth 1000 Throckmorton 1000 Throckmorton . Fort Worth, TX 76102 Fort Worth, TX 76102 Attention: City Manager Attention: City Manager WITH COPY TO: Hillwood Development Corporation 13600 Heritage Parkway Suite 200 Fort Worth, TX 76177 Attention: L. Russell Laughlin cbe l-1183-usslea-ail-fw Page 4 Underground Sanitary Sewer Line Easement Agreement cbel- 1183-usslea-ail-fw LEGAL DESCRIPTION Being a 15 foot wide strip of land situated in the F. Cuella.Survey, Abstract No.1711, Denton County, Texas and being a portion of that tract of land as described by deed to AIL Investment, L.P. and recorded in Volume 4246, Page 633, deed records, of Denton County, Texas, and being more particularly described individually by metes and bounds as follows : COMMENCING at the northwest corner of Lot 1, Block 2, Alliance Gateway North Addition as recorded in Cabinet "N", Page 227, said deed records, said point also being in the east right- of-way line of Independence Parkway (120 feet in width); THENCE N 59°09'53"E, 114.00 feet along the north line of said Lot 1, Block 1, Alliance Gateway North Addition; THENCE S 88°46'08"E, 88.25 feet to the POINT OF BEGINNING; THENCE N 01°13'51"E, 15.00 feet; THENCE S 88°46'08"E, 875.76 feet to the west line of Lot 1, Block 1, Alliance Gateway, as recorded in Cabinet "H", Page 248, said deed records; THENCE S 01 013 '51 "W, 15.00 with said west line to the northeast corner of the aforementioned Lot 1, Block 2, Alliance Gateway North Addition; THENCE N 88°46'08"W, 875.76 feet with the north line of said Lot 1, Block 2, Alliance Gateway North Addition to the POINT OF BEGINNING and containing 13,136 square feet or 0.302 acres of land, more or less. C&B Job No. 981412014 S#AGN J:\J0B\98141214\SUR\WP\LEG\412VE10.LGL Tracking No. ACF 1183-1 May 24, 1999 Page 1 of 1 0 z \ AIL INVESTMENT, L.P. O O z NZ VOL. 4246, PG. 633 `° ` w \ D. C. D. R. w W o ~ a ~ [ ©LL SUQ WIY m�ac.i . Z \�� \�� N01°13'51'E N \ \ S88° 46' 08" E :;��1t�� t;"` 875. 76' ,?11�.1i1 e•go 0�A pp POINT OF N88° 46' 08" W 875. 76' o \• BEGINNING a POINT OF S88°46 08" E 88.25' COMMENCING \ W N lJ.l �• ,� \ LOT 1, BLOCK 2 ALLIANCE GATEWAY �E TF NORTH ADDITION ...••••. �P::���srEq�.•• y mZ Fo CAB. "N" PAGE 227 DCDR JAMES F. KASS0N '=oQ LLo 4500 P�:`� SUR`IF. z \ W AN EXHIBIT SHOWING m�o 15' SANITARY SEWER �z=$ SCALE 1 " =1 5 0' \ EASEMENT=3 Mom °u I 'ssa6ang ' aa+aog cq 6661O 4L ' I aCdO City -of Fort Worth,. Texas M'Ayar- And. ..Council, -Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/20/99 **L-1 2557 30CUELLA 1 of 2 SUBJECT ACQUISITION OF ONE UNDERGROUND.SANITARY SEWER LINE EASEMENT, ONE DEDICATION DEED AND ONE UNDERGROUND SANITARY SEWER LINE AND STORM DRAINAGE EASEMENT FROM AIL INVESTMENT, L. P. (DOE 2501) RECOMMENDATION: It is recommended that the City Council approve the acquisition .of one underground sanitary sewer line easement, one dedication deed, and one underground sanitary sewer line and storm drainage easement from AIL Investment, .L. P., fora total cost of $2.00. AIL Investment, L. P., a Texas limited partnership, has voluntarily provided one underground sanitary sewer line easement, one dedication deed, and one underground sanitary sewer line and storm drainage easement which will be dedicated for use by the City or any other utility as needed. There is no cost to the City, as the grantor has agreed to pay all fees associated with this dedication. As the local governing body, the City must administratively accept this easement on behalf of the public. The easements and dedication are further described as follows: Owner Type AIL Investment L.P. SSE D 1i Area Square Feet Cost Being an easement located in the 13,136 $1.00 F. Cuella Survey, Abstract 1711, as recorded in Volume 4246, Page 633 of the deed records, Denton County, Texas AIL Investment L.P. Dedication/ Being an easement located in the 162,432 -0- Fee Simple F. Cuella Survey, Abstract 1711, as recorded in Volume 2452, Page - 739 of the deed records, Denton County, Texas AIL Investment, L.P. SSE/DE Being an easement located in the 6,147 $1.00 F. Cuella Survey, Abstract 1711, - as recorded in Volume 4246, Page $2.00 633 of the deed records, Denton County, Texas This property is located in COUNCIL DISTRICT 2, Mapsco 9J. City of Fort Worth, Texas "affo*,alld, Coninjonication Commit REFERENCE NUMBER LOG NAME PAGE 7/20/99 **L-12557 30CUELLA 2 of 2 JECT ACQUISITION OF ONE UNDERGROUND SANITARY SEWER LINE EASEMENT, ONE DEDICATION DEED AND ONE UNDERGROUND SANITARY . SEWER LINE AND STORM DRAINAGE EASEMENT FROM AIL INVESTMENT; L. P. (DOE 2501) FISCAL INFORMATION/ ERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Engineering Services Fund. MG:k El Submitted for City Manager's FUND ACCOUNT CENTER J AMOUNT Office by: (to) Mike Groomer 6140 A. Douglas Rademaker 6157 19 1 5391 A. Douglas Rademaker 6157 CITY SECRETARY APPROVED CITY COUNCIL .ILL. 20 1999 City Secretary of the City of Fort Worth, Texas