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Home My WebLink AboutRes 00-51 Authorizing an Agreement with Polygon EnterprisesTOWN OF WESTLAKE RESOLUTION 00-51 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN UNDERGROUND SANITARY SEWER LINE EASEMENT AGREEMENT WITH POLYGON ENTERPRISES, INC.; AND DECLARING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, hereby authorize the Town Manager to enter into an Underground Sanitary Sewer Line Easement Agreement with Polygon Enterprises, Inc. attached to this resolution as Exhibit A. SECTION 2: That this Resolution shall become effective upon its passage and approval. PASSED AND APPROVED ON THIS 13"H DAY OF NOVEMBER, 2000. Scott Bradley, Mayor ATTEST: bingTr Crosswy, Town cretary Trent O. Petty, Town Mager APPROVED AS TO FORM: UNDERGROUND SANITARY SEWER Ln E EA5i+ NIL-! t ACc.{_EL' ly EIN 1 (Line C) 1 This Undergroun Sanitary Sewer Line Easement Agreement {this`--i'Agreegent") is_.. entered into as of the y day of January, 2001, between Polygon Enterprises, Inc. a Tex4s= corporation ("Grantor"), and the Town of Westlake, Texas, a municipal corporation;LTarra4t_n and Denton Counties, Texas ("Grantee"). For and in consideration of $1.00 and other good and valuable con , deraion, the receipt and sufficiency of which are hereby acknowledged, and in consideration of�Ahe ao`venal s contained herein, Grantor and Grantee agree as follows: C: 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 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 underground sanitary sewer facilities must be buried beneath the surface of the Easement Tract at a depth of at least four feet underground. The Easement is not assignable by Grantee without the prior written consent of Grantor. 4. 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. 5. 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 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. G. 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 Town, providing materials or service in connection with the design and construction of the facilities. 7. 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, Page F Underground Sanitary Sewer Line Easement Agreement—Line C 007500.00 147:549852-02 ebej/usslea-polygon-westlake/msf if delivered by some other manner, when actually received. Notices to the parties shall be addressed as follows: To Grantor: Polygon Enterprises, Inc 1755 West Dove Road Roanoke, Texas 76262 Attention: Roland Arthur To Grantee: The Town of Westlake, Texas 3 Village Circle, Suite 207 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. 8. 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. EXECUTED to be effective as of the date first written above. Polygon Enterprises, Inc., a Texas corpgr ion By., �01-LeMtfiu-r, 'esident (Additional signature pages follow) Page 2 Underground Sanitary Sewer Line Easement Agreement—Line C 007500.00147:549852.02. cbej/usslea-polygon-westlake/msf ACCEPTED ON THE TERMS, CONDITIONS AND RESERVATIONS CONTAINED HEREIN: The Town of Westlake, Texas By: Town Manager ATTEST: A1/1 - � A=C� I •ow ecretary THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this / a day of January, 2001, by Roland Arthur, President of Polygon Enterprises, Inc., a Texas corporation, on behalf of said corporation. SPIE D, BELLA0�/� Notary Punic Nota�ry Public, State of Texas aF STATE OF TEXAS MY CO rn, Expires 08-23-2003 r THE STATE OF TEXAS § COUNTY OF TARRANT § by �This instr ent was acknowledged before me on this X30 day o , 2001, , the Town Manager of th0 Town of Westlake, Texas, and by 0 Town Attorney of the Town of Westlake, Texas, a municipal corporation, on behalf of the Town of Westlake, Texas. GINGER CROSSWY ? f~lc�E 0,FTEXAS 'iJLIiC fjy C�,r:;t . Exp. 02/22/2004 Ntart'7 Wub—lioc, State of Texo Page 3 Underground Sanitary Sewer Line Easement Agreement—Line C 007500.00147:549852.02 cbej/uss lea-polygon-westlakelmsf GRANTEE'S ADDRESS: AFTER RECORDING, RETURN TO: The Town of Westlake The Town of Westlake 3 Village Circle, Suite 207 3 Village Circle, Suite 207 Westlake, TX 76262 Westlake, TX 76262 Attention: Town Manager Attention: Town Manager WITH COPY TO: The Town of Westlake c/o Boyle & Lowry, L.L.P. 4201 Wingren, Suite 208 Irving, TX 75062-2763 Attention: L. Stan Lowry AND WITH COPY TO: Polygon Enterprises, Inc. 1755 West Dove Road Roanoke, Texas 76262 Attention: Roland Arthur Page 4 Underground Sanitary Sewer Line Easement Agreement—Line C 007500.00147:54985102 cbejfusslea-polygon-%vestlake/ nsf LEGAL DESCRIPTION 25 FOOT SANITARY SEWER EASEMENT BEING a tract of land situated in the Heir of Charles M. Throop Survey, Abstract Number 1510, Town of Westlake, Tarrant County, Texas and a portion of that land conveyed to Polygon Enterprises, Inc., recorded in Volume 9339, Page 1071 of Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows; COMMENCING at a 518 inch iron rod with cap stamped "Carter & Burgess", found at the southeast corner of that tract of land conveyed to FLAIR Texas Limited Partnership, recorded in Volume 13457, Page 403 of Deed Records, Tarrant County, Texas and under County Clerk's Number 98-ROO91571 in the Real Property Records, Denton County, Texas; THENCE S 27 ° 10'22"E, 131.69 feet to the POINT OF BEGINNING; THENCE S 82"23'19"E, 150.92 feet; THENCE S 88 "28'51 "E, 213.50 feet; THENCE S 31 "09'51 "E, 710.88 feet; THENCE N 74001'53"E, 310.07 feet; THENCE N 59006'55"E, 237.37 feet; THENCE S 45"37'42"E, 342.23 feet; THENCE S 00 ° 17'32"W, 746.04 feet; THENCE S 45 "00'26"W, 44.40 feet; THENCE S 00"19'26"W, 178.92 feet; THENCE S 10°57'23"E, 136.00 feet; THENCE S 32008'33"E, 296.12 feet; THENCE S 57°51'247"W, 25.00 feet; THENCE N 32°08'33"W, 300.80 feet; C&B Job No. 010391.010.1.0029 Tracking No. 1436-2 S#CTR January 17, 2001 J:1JOB1010391011SURIWPILEG1391VOlEA.LEG Page 1 of 3 THENCE N 10°57'23"W, 143.14 feet; THENCE N 00° 19'26"E, 191.66 feet; THENCE N 45 000'26"E, 44.40 feet; THENCE N 00°17'32"E, 725.16 feet; THENCE N 45 °37'40"W, 312.36 feet; THENCE S 59°06'55"W, 221.37 feet; THENCE S 74°01'53"W, 332.46 feet; THENCE N 31009'51"W, 716.33 feet; THENCE N 88 °28'51 "W, 201.17 feet; THENCE N 82023'19"W, 154.35 feet; THENCE N 12°23'47"W, 25.09 feet to the POINT OF BEGINNING and containing 83,870 square feet or 1.925 acres of land more or less. DATE: Oct. 16, 2000 Revised: Dec. 27, 2000 Revised: Jan. 17, 2001 I C&B Job No. 010391.010.1.0029 Tracking No. 1436-2 S#CTR January 17, 2001 J:\JOB1010391011SUR1WP1LEG1391 VOIEA.LEG Page 2 of 3 qPCIW OF COMMENCING (2 X /V /,. rC', Q, POINT OF BEGINNING -POse( 2- S8ZO 23' 19" E 'Dove Road 150. 92' Dove Road SUV'2U-5-1 "E — - — - — - — - — - — - N12- 23 7 E 1 0 25. 09' N880 28' 51 201. 17, 1111V21' IT'W 154. 35' gd/ qj N590 06' 55" E 237. 37' o b-51, E N A ��YSZ X32. "bv S590 06' 55' W 221. 37' po I ygon En-LeT-Pr- i ses' I nc. Vol. 9339,PSi 1071 D. R. T. C. - 0 0 300 S 600 900 GRAPHIC SCALE IN FEET N 100 57' 23" W 143. 14' CARTER & BURGESS, INC. An Exhibit Showing a 25 Foot Sanitary Sewer Easement 3850 HULEN STREET 1 ---7-- - FORT WOPTH,TX 7 610 7-72 5 4 1517)735 - 6000 1 JOB # 010391.0101.0029 DATE:10-04-2000 DRAWN: tab TCHECKED, FILE: Ji\JCB\,01039101\SUR\39lvOlec.,Jgn D A TE t 7 -Jan -01 -Jcn-0 I 12r 30 1 OQ 57' 23" E `1 36. 00' ACF# 1436- SHT. NO. 3 of 3 in L cli r- Ld CIA rn o CD z N45" 00' 26" E 44. S45° 0 0' 26" W � � 44. 40' N00019' 26"t 0 00 19' 26"W 191.66' I [T--�_S J 178.92' N 100 57' 23" W 143. 14' CARTER & BURGESS, INC. An Exhibit Showing a 25 Foot Sanitary Sewer Easement 3850 HULEN STREET 1 ---7-- - FORT WOPTH,TX 7 610 7-72 5 4 1517)735 - 6000 1 JOB # 010391.0101.0029 DATE:10-04-2000 DRAWN: tab TCHECKED, FILE: Ji\JCB\,01039101\SUR\39lvOlec.,Jgn D A TE t 7 -Jan -01 -Jcn-0 I 12r 30 1 OQ 57' 23" E `1 36. 00' ACF# 1436- SHT. NO. 3 of 3