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Home My WebLink AboutRes 08-30 Authorizing an Agreement with AIL InvestmentTOWN OF WESTLAKE RESOLUTION NO. 08-30 AUTHORIZING AN AGREEMENT WITH AIL INVESTMENT, L.P. TO GRANT THE USE OF A 10'UNDERGROUND WATER UTILITY EASEMENT (4,979 SQ. FT.) LOCATED ON THE NORTH SIDE IF THE PROPERTY SOUTH OF THE CIVIC CAMPUS ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Board of Aldermen finds that the 10'underground water utility easement (4,979 sq. ft.) benefit the safety and welfare of the public; and WHEREAS, the Board of Aldermen finds that funding is necessary for said to restore the tract with the completion of construction; and WHEREAS, the Board of Aldermen finds that the passage of this Resolution is in the best interest of the public; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. THAT, the above findings are hereby found to be true and correct and are incorporated herein in the entirety. SECTION 2. THAT, the Board of Aldermen of the Town of Westlake, Texas, hereby approves the agreement with AIL Investment, L.P. relating to the 10'underground water utility easement (4,979 sq. ft), as attached agreement and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas, PASSED AND APPROVED ON THIS l9`" DAY OF MAY 2008. ATTEST: Ki Sutter, TRMC, Town Secretary APPROVED AS TO FORM: /i� / -- L. tanton L wry,own. ttorney Laura L. Wheat, Mayor Thomas E. Brymer, -4 _ - UNDERGROUND WATER UTILITY EASEMENT AGREEMENT This Underground Water Utility Easement Agreement (this "Agreement") is entered into as of the, t7 day of , 2008, between AIL Investment, L.P., a Texas limited partnership ("Grantor"), and the To4h 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: I. Subject to the terms of this Agreement, Grantor hereby grants and conveys to Grantee an casement (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 written 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. b. 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 Page 1 Underground Water Utility Easement Agreement 241 b-uwuea-ail-wl/krk 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. Page 2 Underground Water Utility Easement Agreement 2410-uwuea-ail-wllkrk 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 By: L. Russe a ghlin, Senior Vice President, Properties Division ACCEPTED ON THE TERMS, CONDITIONS AND RESERVATIONS CONTAINED HEREIN: The Town of Westlake, Texas r—} By: T wn M THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on L 2 , 2008, by L. Russell Laughlin, Senior Vice President, Properties Division, of Hillwood 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. Notary Public, State of Texas K R ateK[+ OMAN ** Notary Public N�9rFaF��yMy Co�nxas m.xa tExpI esate of EO 28-2011 Page 3 .. Underground Water Utility Easement Agreement 2410-uwuea-ail-wl/krk THE STATE OF TEXAS § COUNTY OF TARRANT § �--- �This instrument w s acknowledged before me on this- % 7 day ofm Wiz. , 2008, by IrC�-,r» czz- g�, jbrzw~,t---'Town Manager of the Town of Westlak , Texas, a municipal corporation, on b half of the Town of West ake, Texa . �\MIIIi1eI ^`otipxrryPt, KIM SUTTER ' Notary Pubt#c, State of Texas N t Public,'State of Texas t My Commission Expires August 25, 2004 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 Page 4 Underground Water Utility Easement Agreement 24 1 0-uwuea-ail-wl/krk l.0' NATER EASEMENT Being a tract of land out of the J. Gibson Survey, Abstract No. 592, Town of Westlake, Tarrant County, Texas and being a portion of that certain tract of laud described in deed to AIL Investment, L.P. w recorded in Volume 13275, Page 542 of the Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: COADIENING at a 1/2" iron rod with "GAP' cap found for an interior corner of said AIL. Investment tract and the southwesterly corner of Lot 1, Block I of Westlake Municipal Complex Addition; ab addition to the Town of Westlake, Tarrant Caunty, Texas as recorded in Cabinet A, Slide 881 I of the Plat Records of Tarrant County, Texas; THENCE North 89° 49' 56" East, along a northerly line of said AIL Investment tract and the southerly line of said Lot 1, Block 1, a distance of 609.15', to the POINT OF BEGINNING of the herein described tract; THENCE North 89° 49' 56" East, continuing along a northerly line of said AIL Investment tract and the southerly line of said Lot L Block 1, a distance of 403.65', to a 518" iron rod with "'PATE" cap set at the beginning of a curve to the left having a centrat angle of 08° 16' 46", a radius of 431.00', and a chord bearing and distance of North 85" 41' 33" Fast, 62.23'; THENCE, continuing along a northerly line of said Ail. Investment tract and the southerly line of said Lot 1, Block 1 and along said curve to the left in a northeasterly direction, an are distance of 62.28', to the point of compound curvature of a curve to the left having a central angle of 4" 13' 01", a radius of 419.23', and a chord bearing and distance of North 790 31' 48" East, 30.85'; THENCE, continuing along a northerly line of said AIL Investment tract and the southerly line of said Lot 1, BIock 1 and along said curve to the left in a northeasterly direction, an are distance of 30.86', to a point for comer at the end of said curve; THENCE South I2" 32'59" East, a distance of 10.00', to a point for corner at the beginning of a non -tangent curve to the right having a central angle of 04' 12' 55", a radius of 429.23', and a chord bearing and distance of South 79° 31' 48" West, 31.57'; THENCE along said non -tangent curve to the right in a southwesterly direction, an arc distance of 31.58', to the point of compound curvature of a curve to the left having a central angle of OS° 16' 44", a radius of 441,00', and a chord bearing and distance of South 85° 41'35" West, 63.67'; THENCE along said curve to the right in a southwesterly direction, an arc distance of 63.72', to a point for comer at the end of said curve; THENCE South 89° 49' 56" West, a distance of 403.65' to a point for corner; THENCE North 00° 10' 04" West, a distance of 10.00', to the POINT OF BEGINNING and containing 4,979 square feet or 0.1143 of an acre of land, more or less. Basis ofBearings: All bearings based on the Texas State Plane Coordinate System, North Central Zone. Prepared by: PATESURVEYORS A division of Pats Engineers, Inc. 2201 Brookhollow Plaza Dr., #445 Arlington, TX 76006 Job No. 1803-001-00 Mark A. Nace Registered Professional L d Surveyor Texas Registration No. 5539 Certification Date: April 8, 2008 Page l of 2 ACF 24/0 \ WATER AHO SANK— ALL BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS � � 1 STATE PLANE COQRQINATE _—GA,ESMTz —% . SYSTEM. NORTH CENTRAL ZONE. �! Y �" 7 pustle ACCESS w, srulxF MUNICIPAL ca1gPLFx AuarrOnr +� t ANO FIRE�E wT, LOT 1, BLOCK 1 I SL. A, CAB. 8811 4=04-13'01' / P,R.T.C,T. r' fi r r i I =2 2D0� - 9LEN-F30.85' G-N 7931-48 " E r i C N 30.85 GAS E9JY. BRG=N 85'41'33" E y C LEN=62.23' 1 ti POINT OF _ _ _ N 89'50'01" E — 609.15' BEGINNING $949'55' E Z-463765' '� � L1 POINT OF I,2 COMMENCING 5 89'49'56" W - 403.65- 1/2' CAP -0412'55" =04'12'55" 1U WATER EASEMENT L=31.58'3• 4,879 SQUARE FEET(0.1143 ACRES) p=08'16'44' BRG=S 79'31'48 W R=441.00' C LEN=31.57' L=63.72' *'*Unless otherwise noted, all easements shown A1L INVESTMENT L.P. BRG S 85'41'35_ W hereon are based on the record plot of Lot t, GLEN=&3,67' VOL Block 1, Westlake Municipal Complex Addition.*" . 13275, PG. 542 r?.1z.r.c.r. PATE 4 SURVEYORS 9 FtV �A DMSIDN OF PATE ENGINEERS. INC. LINE BEARING DlSrANCF Graphic 5oa1e in Feef �C �" — XHIBIT'A' Ll 5 12-32-59- F 10.00' J foc 10`WATER EASEMENT L2 N 00'10'04' W 1 D.D0' 0 4,979 SQUARE FEET(0.1 M ACRES) D 50 100 G.scz OF AN ACRE Scale: 1" = 50' T�SOF WES sT7AX9 AR-4 fNtN gTE�TCA, ^�.� �x MAM �' I"•xr y JpArz zoLLIZ a3s bo 7-6 N Q Cynthia Mitchell I�NV�I�IIII�V�I�V�IIINI91VIbtlll Denton, Ta1e'°' Instrument Number: 2008-64650 As Recorded On: June 13, 2408 Easement Parties: AIL INVESTMENT LP Billable Pages: 7 To Number of Pages: 7 Comment: ( Parties listed above are for Clerks reference only ) ** Examined and Charged as Follows: ** Easement 35.00 Total Recording: 35.00 ************ DO NOT REMOVE THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 2008-64650 Receipt Number: 494889 Recorded Date/Time: June 13, 2008 08:01:40A User 1 Station: H Dunn - Cash Station 4 Record and Return To: AIL INVESTMENT LP 13600 HERITAGE PARKWAY STE 200 ATTN L RUSSELL LAUGHLIN FORT WORTH TX 76177 THE STATE OF TEXAS) COUNTY OF DENTON } I hereby certify that this instrument was FILED in the File Number sequence on the dateltime printed heron, and was duty RECORDED in the Official Records of Denton County, Texas. Cr 01;-u. County Clerk Denton County, Texas