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Res 07-42 Authorizing the Conveyance of an Easement to the City of Fort WorthTOWN OF WESTLAKE RESOLUTION NO. 07-42 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE CONVEYANCE OF A TWENTY FOOT EASEMENT TO THE CITY OF FORT WORTH TO ACCOMMODATE NECESSARY WATER LINE RELOCATION DUE TO THE EXPANSION OF US HIGHWAY 377. WHEREAS, the Town of Westlake desires to provide essential water resources for residential and commercial development; and WHEREAS, the City of Fort Worth owns and maintains a 21" water line in the ROW of US 377 that is the sole water supply to the Town of Westlake; and WHEREAS, the widening of US Highway 377 requires that the City of Fort Worth relocate this major supply line through Westlake; and WHEREAS, the Board of Aldermen find that the dedication of a 20' easement is necessary to accommodate the relocation of this water line; and WHEREAS, the Board of Alderman finds that the passage of this Resolution is in the best interest of all citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Board of Aldermen hereby approves the conveyance of a 20' water line easement, attached hereto as Exhibit A, to accommodate the widening of US 377 through the Town of Westlake; and further authorizes the Town Manager to execute the easement on behalf of the Town. PASSED AND APPROVED ON THIS 9" DAY OF JULY 2007. ATTEST: Scott Bradle , Mayor Trent Petty, Town Manage APPROVED -AS TO FORM: L. EXHIBIT 'A' US Highway 377 Water Main Improvements Parcel # 4 Doe # 5241 Town of Westlake Lot -1, Blk-1, Westlake Water Supply Addition STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT WATER FACILITY EASEMENT DATE: � 90 C)--? GRANTOR: The Town of Westlake GRANTOR'S MAILING ADDRESS (including County): 3 Village Circle, Suite 202 Westlake, Tarrant County, Texas 76262 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a Permanent Water Facility Easement on a tract of land situated in the William Huff Survey, Abstract Number 648 in the Town of Westlake, Tarrant County Texas and being a portion of Lot 1, Block 1 of the Westlake Water Supply Addition according to the plat recorded in Cabinet A, Slide 8429 (Document Number D203203384) of the Plat Records of Tarrant. County, Texas; and being more particularly described in the attached Exhibits "A" and "B" Grantor, for the Consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Water Main Facility, hereafter referred to as "Facility". The Facility PERMANENT WATER FACILITY EASEMENT Rev. 7/2008 includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, valves, pipelines, junction boxes in, upon, under and across a portion of the Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The Town of Westlake GRANTEE: City of Fort Worth IN --t1arc A. Ott, Assistant City Manager By (Printed) Trent � Title: Town Manager APPROVED AS TO FORM AND LEGALITY q__ ko u -,,- � U,�,Xw Assistant City Attorney PERMANENT WATER FACILMY EASEMENT Rev. 7/2006 ACKNOWLEDGEMENT STATE OF TEXAS G ° COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared —1 4-\/ , known to me to be the same person whose name is subscribed to the forago'ing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said 5rt-(C'-LC_ I for the purposes and consideration therein expressed and in the capacity therein stated. [�0ENU�O�F|��H���A0��EALOF{�FFlCEUl�_�-� �day of C,'MrNSston Expires 2010 STATE {]FTEXAS G COUNTY C)FTARRANT 8 C3 � vu�- �'"\ Notary P#j" in and for ft State of �1 xas ACKNOWLEDGEMENT � BEFORE ME, the undersigned onth�day peraoOa|k/a »»~- &- -�' A-~E� known to me to be the person and officer whose Ooma is subscribed to to | foregoing instrument, and acknowledged tonlethat heexecuted the same asthe act and deed Pfthe Citx of Fort Worth, o municipal corporation of Tarrant (�ountv' Texos, for the purpose and conoideraUontherein expressed and inthe capacity therein ototad. .~J- GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of :!�A MY COMMISSION EXPIRES PERMANENT WATER FACILITY EASEMENT , Not-9r;15ub ric i;'gn—dfor the State of Texas JPH Lana Surveying, Inc. 1858 East Keller Parkway, Suite D, Keller, Texas 76248 Tel: (817)431-4971 Fax: (866)290-4631 Exhibit "A" Waterline Easement Tract 4 Legal Description Being a tract of land situated in the William Buff Survey, Abstract Number 648 in the Town of Westlake, Tarrant County, Texas, said tract of land being a portion of Lot 1, Block 1 of the Westlake Water Supply Addition according to the plat recorded in Cabinet A, Slide 8429 (Document Number "D203203384) of the Plat Records of Tarrant County, Terms; said tract of land being more particularly described as follows: COMMENCING at a found 5/8 inch aluminum capped rebar stamped "TEXAS DEPARTMENT OF TRANSPORTATION" on the North line of said Lot 1, said found 5/8 inch aluminum capped rebar also being at the northeast comer of a parcel of land described in the deed to the State of Texas recorded in Document Number D205190225 of said Deed Records; THENCE SOUTH 85 degrees 04 minutes 25 seconds EAST, along the North line of said Lot 1, a distance of 19.05 feet to the POINT OF BEGINNING; THENCE SOUTH 85 degrees 04 minutes 25 seconds EAST, along the North line of said Lot 1, a distance of 21.24 feet to a point, from said point, a found fence corner post at the northeast corner of said Lot 1, bears SOUTH 85 degrees 04 minutes 25 seconds EAST, a distance of 381.51 feet; THENCE SOUTH 24 degrees 33 minutes 57 seconds WEST, a distance of 224.38 feet to a point on the South line of said Lot 1, from said point, a found fence corner post, bears SOUTH 85 degrees 07 minutes 54 seconds EAST, a distance of 457.38 feet; THENCE NORTH 85 degrees 07 minutes 54 seconds.WEST, along the South line of said Lot 1, a distance of 21.24 feet to a point, from said point, a found 5/8 inch aluminum capped rebar stamped "TEXAS DEPARTMENT OF TRANSPORTATION" at the southeast corner of said parcel of land described in the deed to the State of Texas, bears NORTH 85 degrees 07 minutes 54 seconds WEST, a distance of 16.01 feet; THENCE NORTH 24 degrees 33 minutes 57 seconds EAST, a distance of 224.40 feet to the POINT OF BEGINNING, containing 44bd square feet; The basis of bearings for these exhibits and their accompanying legal descriptions, is the East line of U.S. Highway 377 between PT Station 85+04.19 approximately 450 feet North of Mount Gilead Road and PI Station 139-30 as shown on the Plans of Proposed Right of Way Project US 377 Tarrant County From: 1.0 Mile South of Denton County Line, To: Keller -Hicks Road. See Sheets 07 - 11. Stated bearing = S24031'28"W Jon?. Hoebelheinrich '. •q 6478 Registered Professional - i90 �',+T Land Surveyor No. 5478 �4 SURy��� Date: June 27, 2006 EA20WO-SOW421L 90.\Wftre sFl--. Tres 4 F..isdda -"Exhibit "B" 0, Point of Commencing FOUND 5/8 INCH ALUNIINUIvl . CAPPED REBAR STAMPED' "TEXAS DEPARTMENT OF TRANSPORTATION" FOUND 5/8 INCH ALUNDNUM CAPPED REBAR STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION" State of Texas Document No. D205190225 D.R.T.C.T. FOUND 5/8 INCH ALUAENNM CAPPED REBAR STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION" 7.59% AIL Investment, L.P. Volume 13588, Page 189 Document No. D198304929 DJLT.C.T. 19.04% Texas health System Volume 13680, Page 528 Document No. D199048988 D.R.T.C.T. 733700 AIL Investment, L3. Volume 14320, Page 194 Document No. D200090964 DILT.C.T. an 0a) 21.24' 885°04'25"E "ZI: m 'd' eno N '1Y N C4 20.00' W 'oo h cn en N M N N I Mt Gilead Vicinity Map - NTS Fort Worth Mapsco Page 9T -9X FOUND FENCE CORNER 38151 POST Lot 1, Block 1 Westlake Water Supply Addition Cabinet A, Slide 8429 Document No. D203203394 D.R.T.C.T. The Town of Westlake Volume 15922, Page 264 Document No. D202238744 D.R.T.C.T. FOUND FENCE CORNER POST ti \S� 453'�s s5 12�, 759%AIL Invwm 4 L.P. Z Vohnne,13588, Page 189 Exhibit Showing Document No. D198304929 a D.R.T.C.T. 4,488 Square Feet 19.04/ Texas Health System Volume 13680, Page 528 c out of Document No. D199048988 g D.R.T.C.T. aLot 1 Bloch 1 73.37% AIL Investment, L.P. w zo DVolume 14320, ocument No. D2 0800090964 e 194' s Westlake Water Supply Addition cc DRT.C.T. Q Westlake, Tarrant County, Texas Sketch showing, to the best of my knowledge and belief, an accurate delineation.of field survey and office computations performed by me or under my supervision. Z' 00 - F QF T f�Q1S.TF`�� N P-HOESELHEINRICH. ' R ° 5478 Jo P. oebelheinrich '�90 ,tel RegisteredProfessional !� tF88%D�Q . 0 25 50 loo k� Land Surveyor No. 5478 SURYti� Tract 4 . FW DOE Project #5241 —5o' le2006.042 JPI--3C Land Surveying, Inc. PROJECT No: 1858 East Keller Parkway, Suite D, Keller, Texas 76248 Tel: (817)131-4971 Fax: (8G 290-4631 June 27, 2006