WA9402A-ES 970925Grantee's Address:
825 W. Irving Blvd
Irving, Te:as 75060
CITY OF iIIiVING EXCLUSIVE
' WATER MAIN EASEMENT
(With Temporary Construction Easement) 1 A70427
09/25/97 681256 f27.OD
THE STATE OF TEXAS § wed
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
THAT the City of Dallas, Texas, a Municipal Corporation, of the County of Dallas, State of
Texas, hereinafter referred to as "Grantor", acting herein by and through its City Manager, John L. Ware,
duly authorized to execute the herein conveyance by Resolution No. 971962 approved June 11, 1997 for
and in consideration of the sum of S3.053.00. in hand paid by the City of Irving the receipt of which is
hereby acknowledged, and other good and valuable consideratons, have this day Grained, Sold and
Conveyed aad by these presents does hereby Grant, Sell, a~ Convey unto the City of Irving, a Municipal
Corporation situated in Dallas County, Texas, hereinafter referred to a "Grantee", an easement and right of
way over, under and across the following described land, to-wit:
All that certain tract, piece or parcel of land, lying and being situated in the County of
Dallas, State of Texas, described in EXHIBIT "A" attached hereto and made a part
hereof for all purposes, to which reference is here made for a more particular description
of said property;
TO HAVE AND TO HOLD the same perpetually to the City of Irving, its successors and
assigns, together with the right and privilege at any and all times to enter said premises, or any part thereof,
for the purpose of constructing, inspecting, operating and maintaining a water main or mains, along with
incidental appurtenances thereto, all upon the condition that the City of Irving will at all times, after doing
any work in connection with the construction or repair of said water main, restore said premises to thc
condition in which same were found before such work was undertaken. Said exclusive easement shall not
be used by any amity. either in whole or part without the written express permission of the Director of
Public Works, City of Irving. Grantee shall have right to enter pranises at any time, in addition to the
purposes stated above for the purposes of clearing said easanent of any improvements, trees, vegetation, or
other obstructions or possible obstructions as deemed necessary by Director of Public Works, City of
Irving to protect the integrity of the water main.
Construction of the new Irving pipeline shall not impact in any way the delivery of raw water to the
Elm Fork Water Treatment Plant nor impact in any way the delivery of clean water to customers through
the existing 60 inch clean water line.
Grantor also hereby grants temporary construction easement as described in Exhibit "B" for the
purposes of constructing the water main. Said temporary easement shall automatically terminate after
twenty-four (24) months or the completion of the project, whichever occurs first. Said temporary easement
shall be used, should the wntractor find it necessary, for the storage of mea/and or equipment during
construction.
As additional considerations for the grant of this easement, Grantee agrees to the following terms
and conditions, described in Exhibit "C", attached herao made a part hereof for all purposes.
EXECUTED this Z ~o day of S~i° lam"' ~' '" , 1997.
a
AFPROVEDtAS ~~~QRM:
Sam L,-~ihdszy, ~Ei~~ ttomey
V
BY:
Assistant City Attorney
City of Dallas 4~61pitted to City Att4r Y
s~1e~
CITY OF DALLAS
John L. Ware, City Manager
BY:
Assistant City Manager
City of Dallas
01596
~~! ie~!
Office of City ~,
Secretary ,~~,
glbt
D-E Deeds and Easements - D-E Account No.: 504-4 - Resolution No.: - Conveyance Type: CITY OF I
DALLAS WATER SUPPLY LINE p3
City or D~llu
SALES CONTRACT
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS:
THAT we, the undersigned, hereinafter called the "Seller" whether one or more, hereby
agree to sell to the City of Irving, Texas, a municipal corporation situated in Dallas County,
Texas, hereinafter called "Purchaser", for:
EXCLUSIVE WATER MAIN EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT PURPOSES
All that certain tract, piece or pazcel of land, lying and being situated in the County of Dallas,
State of Texas, described in EXHIBIT "A" and "B" attached hereto and made for a more
particular description of said properly, upon the following terms and conditions, to-wit:
1. The consideration to be paid to Seller by Purchaser is as follows:
0.666 acres of Exclusive Water Main Easement at 25% of fee simple
value of $20,000 per acre .....................................................................................$ 3,330.00
1.723 acres of Temporary Construction Easement at 10%/yeaz rental for
six months at $20,000 per acre ............................................................................$ 1 723.00
TOTAL COMPENSATION ................................................................................$ 5,053.00
2. Seller will convey good and marketable title.
3. Consideration to be paid upon the proper execution and delivery of the Easement Deed.
4. Possession of the property shall be granted upon execution of this contract by Seller.
5. All expenses in the construction, maintenance, removal and placement of the above-
described facilities shall be at the expense of Purchaser.
6. Purchaser shall cause its contractors to obtain general public liability insurance covering
personal injury, death, or property damage occurring upon, in or about the property
conveyed herein and name Seller as additional insured under such policy. Purchaser shall
cause its contractors and agents to agree to indemnify, defend, and hold Seller harmless
from and against any claims (including, without limitation, personal injury and property
damage claims), suits, judgments, settlements, or demands, including reasonable
attorneys' fees arising from actions or omissions of Purchaser, its contractors or agents, in
connection with construction of the Dallas Water Supply Line No. 3.
7. Upon completion of construction, all surplus dirt, rock and debris resulting therefrom will
be cleaned up and removed from Seller's property, and Seller's property will be restored
to a sightly condition.
8. In the event that the easement granted herein should at any time in the future cease to be
used by Purchaser for the purposes for which it was granted, all rights herein shall revert
to Seller, and Purchaser shall remove any and all of its above-ground facilities from the
easement and restore Seller's property as nearly as practicable to its original contour and
conditions.
9. Any other improvements within this easement (excluding maintenance) are subject to
approval by the Seller.
10. Purchaser shall not deny access to the property.
INITIALS:
PURCHASER
SELLER
D-E Deed and Easement Support - D-E Account No.: 504-4 - 1186303
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Ino. alr vn. INVOICE NUMBER CITr P.O. N0. MIVOICE AMOUNT DISOOUP(i AMOUNT PAID CODE
07i17i97 220693R 5053 00 i00
1 ',50S3i00
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CITY OF IRVING DEPAitTMEHTOFFWrANCE
825 W. IRVINd BLVD. M1-2101
IRVING, TEXAS
PAY TO THE
ORDER OF:
ACCOUNTS PAYABLE
~~)
CITY OF DaLLAs
No. 151524 ~~'~°"19
Mo. DAV ra.
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EXACTL1r*"k**"~**5053DOLLARS AND OOGENTS oaw-RS ceNrs
Natlau8ank of Taus NJL
Wichita Falls, TX 7830'7
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AUTI+oRIrATaN ar OFFICIAL ACTION
VOID AFTER 90 DAY'SA--
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ANAG
CfTY TREASURER
D-E Deed and Easement Support - D-E Account No.: 504-4 - 1186303