HomeMy WebLinkAboutAIL Easement Agreement 5-19-08 UNDERGROUND WATER UTILITY EASEMENT AGREEMENT
This Underground Water Utility Easement Agreement (this "Agreement") is entered
into as of the day of , 2008, between AIL Investment, L.P., a Texas limited
partnership ("Grantor"), and the Town of Westlake, Texas, a municipal corporation of Tarrant
and Denton Counties,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 an easement (the "Easement") over, under and across the property described in Exhibit
"A" attached hereto (the "Easement Tract"). This grant and conveyance is made subject to all
matters of record affecting the Easement Tract.
2. The Easement shall only be used for the purpose of installing, constructing, using,
operating, maintaining, repairing and replacing underground water line facilities (the
"Underground Water Facilities"). Appurtenances to the Underground Water Facilities that
cannot be installed underground but can only be installed on the surface of the Easement Tract
may be installed on the surface of the Easement Tract. Temporary water facilities may be
constructed on the surface of the Easement Tract or above the surface of the Easement Tract.
For purposes of this agreement, "Temporary Water Facilities" shall mean only those surface-
mounted or aboveground facilities required to service projects under construction. In no event
shall Temporary Water Facilities be installed for more than one (1) year. Temporary Water
Facilities shall be removed at the expense of the party that installs the Temporary Water
Facilities.
3. The Easement is not assignable by Grantee without the prior wTitten consent of
Grantor.
4. Grantor reserves and retains the right to grant other rights and easements across,
over or under the Easement Tract to such other persons as Grantor deems proper, provided such
other grants do not interfere with the use of the Easement by Grantee for the purpose set forth
herein. Grantor may grant such other easements, rights, or uses within the Easement Tract only
upon written approval by the Town of said additional easements, rights, or uses. Further,
Grantor, at its expense, shall have the right to relocate any facilities installed pursuant to this
Agreement provided that the level of service provided by such facilities at the new location will
not be impaired or disrupted in any respect either in the process of such relocation or after the
completion thereof.
5. Grantee shall 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.
6. The Grantee shall not use the Easement Tract, or permit use of the Easement
Tract by any other person, in a manner that violates applicable laws or regulations or constitutes
a hazard to the health, safety and/or welfare of the public. Except for the normal use of fuels,
lubricants, chemicals required to install said public utilities and their normal byproducts of use,
the Grantee shall not, and shall not permit any of its employees, agents, contractors,
subcontractors, suppliers or invitees to generate, manufacture or dispose of on or about the
Easement Tract any hazardous substance. If Grantor in good faith believes that a hazardous
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substance may have been generated, manufactured or disposed of on or about the Easement Tract
by the Grantee or any of its employees, agents, contractors, subcontractors, suppliers or invitees,
Grantor may have environmental studies of the Easement Tract conducted as it deems
appropriate. In the event such studies reveal that a hazardous substance has been generated,
manufactured or disposed of on or about the Easement Tract, except as noted above, the cost of
such studies shall be paid by Grantee.
7. Except with regard to those arising from the gross negligence or willful act or
omission of Grantor, Grantor shall not be responsible for any claims, suits, losses, liability, costs
and expenses from a User's use of the Easement Tract. A "User" is defined to include any
person, other than the City, providing materials or service in connection with the design and
construction of the facilities.
8. 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 Town of Westlake, Texas
3 Village Circle, Suite 202
Westlake, TX 76262
Attention: Town 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.
9. This grant of the Easement shall automatically terminate and revert to Grantor or
its successors in interest upon abandonment by Grantee or when the Easement Tract ceases to be
used exclusively for the purposes permitted herein.
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.
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EXECUTED to be effective as of the date first written above.
AIL Investment, L.P.,
a Texas limited partnership
By: Hillwood Alliance Management, L.P,,
a Texas limited partnership, its general partner
By: Hillwood Alliance GP, LLC,
a Texas limited liability company, its general partner
'L. Russell a hlin,.
Senior Vice President, Properties Division
ACCEPTED ON THE TERMS,
CONDITIONS AND RESERVATIONS
CONTAINED HEREIN:
The Town of Westlake,Texas
By:
Town Manager
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on )� Y r �- , 2008, by L. Russell
Laughlin, Senior Vice President, Properties Division, of Hi wood Alliance GP, LLC, a Texas
limited liability company, on behalf of said limited liability company, in its capacity as general
partner of Hillwood Alliance Management, L.P., a Texas limited partnership, on behalf of said
limited partnership, in its capacity as general partner of AIL Investment, L.P., a Texas limited
partnership, on behalf of said limited partnership.
§�,*PY AUBn K R KILLMAN �
Notary Public
state of Texas Notary Public, State of Texas
FO�sE My Comm. Expires 04-2 8-2011
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THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this day of , 2008,
by , Town Manager of the Town of Westlake, Texas, a
municipal corporation, on behalf of the Town of Westlake, Texas.
Notary Public, State of Texas
GRANTEE'S ADDRESS: AFTER RECORDING, RETURN TO:
The Town of Westlake The Town of Westlake
3 Village Circle, Suite 202 3 Village Circle, Suite 202
Westlake, TX 76262 Westlake, TX 76262
Attention: Town Manager Attention: Town Manager
WITH COPY TO:
AIL Investment, L.P.
13600 Heritage Parkway Suite 200
Fort Worth, TX 76177
Attention: L. Russell Laughlin
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