A-299 (Bear Creek Communities)
CITY OF SOUTHLAKE
STANDARD UTILITY EASEMENT
PERMANENT AND TEMPORARY
THE STATE OF TEXAS
COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS:
That (I) (We), ~(C\ee.V< CoMW\IL\v'\\~~ W )
for and in considerat~on of the sum of Ten ( 10) Dollars and
other good and valuable consideration in hand paid by Grantee
herein, the receipt and sufficiency of which is hereby
acknowledged and confessed, have granted, sold and conveyed, and
by these presents do grant, sell and convey to the CITY OF
SOUTHLAKE, Grantee herein, of Tarrant County, Texas a permanent
and perpetual easement for the purpose of installing, repairing,
maintaining, altering, replacing, relocating, and operating
utilities in, into, upon, over, across and under that land in
Tarrant County, Texas described as follows, to-wit:
,
Permanent Utility Easement:
See attached Exhibit 'A' for metes and bounds description
See attached Exhibit 'c' for Graphic depiction
together with the right of ingress and egress as necessary for
such purposes, and an additional contiguous temporary
construction easement for a period of one (1) year for the
purpose of installing utilities on the property known and
described as follows, to-wit:
Temporary Construction Easement:
Immediately adjacent to the above described easement in a
configuration as shown on the attached Exhibit 'c' and
described in Exhibit IB'.
Such temporary easements and permanent easements shall include
the right to excavate upon such property, but Grantee shall
replace any fences, improvements, or other fixtures upon said
property without cost to Grantor, or current owner thereof, and
shall restore the property, the subject of the temporary
easement, as nearly as possible to its condition prior to entry
thereon. See Addendum to Easement for additional conditions.
TO HAVE AND TO HOLD the above described easement, together
with all and singular, the rights and appurtenances thereto,
anywise belonging unto the said Grantee, its successors and
assigns forever; and I/We do hereby certify that I/We are the
owners of the property described herein and bind
myself/ourselves, my/our heirs and assigns, to warrant and to
forever defend all and singular the premises unto the said
Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim same or any thereof.
EXECUTED this the \O-\À.r\ day of ~ , ,19QO.
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Page One of Two
THE STATE OF TEXAS
COUNTY OF TARRANT
ACKNOWLEDGEMENT
BEFORE ME, the undersigned authority,
appeared' . ~ ~
be the person(s) whose name(s) is are
foregoing instrument, and acknowledged
executed the same for the purposes and
expressed.
on this day personally
¡ known to me to
subscribed to the
to me that he/she/they
consideration therein
ï~ under ~~y h~~d a~ Offi¡,ce ~n, t~~~. t~~92> ~
\
the State of Texas
My commission expires:
t¡~óI ~ -7/
A~Repted by the éity of Æ9uthlake, this the ~~,
: (U-cti./.~."., ,A.D. 19p-.
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'I" '" ,;:",..' City .ake, -;:::¡¡-
"'It, "",.".
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day of
RETURN DOCUMENTS TO:
CHEATHAM & ASSOCIATES
ll70 Corporate Drive West, Suite 207
Arlington, Texas 76006
Page Two of Two
20-Foot Wide Permanent Utility Easement
AbsaJom H. Chivers Survey, A-299
1,112 Acres
FN 0-1817
EH&A Job No. 12877-26
September 13, 1990
EXHIBIT "A"
CITY OF SOUTHLAKE
SANITARY SEWER FACILITIES
N-3 INTERCEPTOR
TRACT 2
BEING A 20-FOOT WIDE PERMANENT UTILITY EASEMENT SITUATED IN A 38,6971-
ACRE TRACT OF LAND CONVEYED TO BEAR CREEK COMMUNITIES, INC., AND
RECORDED IN VOLUME 9810, PAGES 853-856, OF THE DEED RECORDS OF TARRANT
COUNTY, TEXAS (DRTCT), SITUATED IN THE ABSAlOM H. CHIVERS SURVEY,
ABSTRACT NO. 299, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOllOWS:
COMMENCING for reference at a 5/8-inch iron rod found marking a southwest corner
of said 38.6971-acre tract, same being the northwest corner of a 4.8-acre tract conveyed
to Chin J. Chang and Wanda Chang, as recorded in Volume 7040, Page 1349, DRTCT;
THENCE S 88° 38' 40" E, along the south line of said 38,6971-acre tract, same being
the north line of said 4.8-acre tract, a distance of 435.51 feet to the POINT OF
BEGINNING;
THENCE leaving said common line and crossing said 38.6971-acre tract, the following
five (5) courses:
1.
N 00° 21' 39" E, a distance of 20.00 feet,
2.
S 88° 38' 40" E, a distance of 934.49 feet,
3.
S 88° 52' 44" E, a distance of 133.36 feet
4.
N 00° 43' 58" W, a distance of 299.82 feet, and
5.
S 88° 52' 44" E, a distance of 1054.87 feet to a point on the east Une of said
38.6971-acre tract, same being the west Une of Carroll School Road (variable
width) ;
THENCE S 00° 16' 24" E, along said common Une a distance of 20.01 feet to a point
on the south line of said 38.6971-acre tract, same being on the north Une of a 7.3-acre
tract conveyed to D. E. Burgess and Barbara Burgess, as recorded in Volume 3034,
Page 135, DRTCT;
THENCE N 88° 52' 44" W, along the south Une of said 38.6971-acre tract, same being
the north line of said 7.3-acre tract, a distance of 1034.70 feet, to a 1/2-inch iron rod
found marking the interior "ELL" corner of said 38,6971-acre tract, same being the
northwest corner of said 7.3-acre tract;
THENCE S 000 43' 58" E, leaving said common line, a distance of 299.82 feet to a 5/8-
inch iron rod found marking a southeast corner of said 38.6971-acre tract, same being
the southwest corner of said 7.3-acre tract, same being a point on the north line of a
12,297 -acre tract, conveyed to the Highland Group Joint Venture, as recorded in Volume
8207, Page 1513, DRTCT;
THENCE N 88° 52" 44" W, leaving said common Une, along the south Une of said
38.6971-acre tract, same being the north Une of said 12.297-acre tract, a distance of
154.05 feet to a concrete monument found marking the northwest corner of said 12.297-
acre tract and being in the south Une of said 38.6971-acre tract;
THENCE N 88° 38' 40" W, leaving said common line, along the south I:ne of said
38.6971-acre traCt, and passing at 919.18 feet the northeast corner of said 4,8-acre tract,
also being the northwest corner of a call 3.643-acre parcel deeded to David C. Hardy
(Trustee) and recorded in Volume 7635, Page 1114, DRTCT, continuing along a line
common to said 38.6971-acre tract and said 4.8-acre tract, in all a distance of 934.18
feet to the POINT OF BEGINNING, and containing 1.112 acres of land.
Bearings are grid bearings based on the Texas State Plane Coordinate System. North
Central Zone.
Page 1 of 2
"........,.'>,,"""','-""""
, ..........,_...,
20-Foot Wide Permanent Utility Easement
Absalom H. Chivers Survey, A-299
1 ,112 Acres
FN D-1817
EH&A Job No. 12877-26
September 13, 1990
It is the intention to describe a 20-foot wide permanent utility easement which extends
across the Bear Creek Communities, Inc. 38.6971-acre tract, being bounded on the
south by the Chin J, Chang and Wanda Chang 4.8-acre tract, the David C. Hardy 3.643-
acre tract, the Highland Group Joint Venture 12.297-acre tract, and the D. E. Burgess
and Barbara Burgess 7,3-acre tract, and being bounded on the east by Carroll School
Road.
SURVEYOR'S CERTIFICATE
TO THE CITY OF SOUTHLAKE, (PROPERTY OWNER), AND (TITLE COMPANY):
/, John F. Wilder, a Registered Professional Land Surveyor for Espey, Huston &
Associates, Inc., do hereby certify that the above legal description and the
accompanying plat were prepared from public records and from an actual and accurate
survey made on the ground in the month of June, 1989, and that the same are a true
and correct representation cz the facts as found at the time of said survey.
J2~~
Registered. Professional Land Surveyor , ~\~..~~, ~
Texas Registration No. 4285 4'-..;:':~lsrl~'i}"!~
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Page 2 of 2
30-Foot Wide Temporary Construction Easement
Absalom H. Chivers Survey, A-299
1 .703 Acres
FN D-1817
EH&A Job No. 12877-26
September 13, 1990
EXHIBIT "B"
CITY OF SOUTHLAKE
SANITARY SEWER FACILITIES
N-3 INTERCEPTOR
TRACT 2
BEING A 30-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN A
38.6971-ACRE TRACT OF LAND CONVEYED TO BEAR CREEK COMMUNITIES, INC.,
AND RECORDED IN VOLUME 9810, PAGES 853-856, OF THE DEED RECORDS OF
TARRANT COUNTY, TEXAS (DRTCT) , SITUATED IN THE ABSALOM H. CHIVERS
SURVEY, ABSTRACT NO. 299, TARRANT COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING for reference at a 5/8-inch iron rod found marking a southwest corner
of said 38.6971-acre tract, same being the northwest corner of a 4.8-acre tract conveyed
to Chin J, Chang and Wanda Chang, as recorded in Volume 7040, Page 1349, DRTCT;
THENCE S 880 38' 40" E, along the south line of said 38.6971-acre tract, same being
the north line of said 4.8-acre tract, a distance of 405.51 feet to the POINT OF
BEGINNING;
THENCE leaving said common line and crossing said 38.6971-acre tract, the following
five (5) courses:
1,
N 000 21' 39" E, a distance of 50.01 feet,
2.
S 880 38' 40" E, a distance of 964.95 feet,
3.
S 880 52' 44" E, a distance of 102.31 feet
4.
N 00" 43' 58" W, a distance of 299.82 feet, and
5.
S 88° 52' 44" E, a distance of 1085.12 feet to a poInt on the east line of said
38.6971-acre tract, same being the west line of Carroll School Road (variable
width);
THENCE S 000 16' 24" E, along said common line a distance of 30.01 feet;
THENCE leaving said common line and crossing said 38.6971-acre tract, the following
five (5) courses:
1.
N 880 52' 44" W, a distance of 1054.87 feet,
2,
S 000 43' 58" E, a distance of 299.82 feet,
N 880 52' 44" W, a distance of 133.36 feet
3.
4.
N 880 38' 40" W, a distance of 934.49 feet, and
S 00" 21' 39" W, a distance of 20.00 feet to a point on the south line of said
38.6971-acre tract, same being the north line of said 4.8-acre tract;
THENCE N 880 38' 40" W, along said common line, a distance of 30.00 feet to the
POINT OF BEGINNING, and containing 1.703 acres of land.
5,
Bearings are grid bearings based on the Texas State Plane Coordinate System, North
Central Zone. ,
Page 1 of 2
""" ......_-,
"----.....,
""-"',"'" .,
3D-Foot Wide Temporary Construction Easement
Absarom H. Chivers Survey, A-299
1.703 Acres
FN D-1817
EH&A Job No. 12877-26
September 13, 1990
It is the intention to describe a 30-foot temporary construction easement which extends
across the Bear Creek Communities, Inc. 38.6971-acre tract, being bounded on the
south by the Chin J. Chang and Wanda Chang 4.8-acre tract, and being bounded on
the east by Carroll School Road.
SURVEYOR'S CERTIFICATE
TO THE CITY OF SOUTH LAKE, (PROPERTY OWNER), AND (TITLE COMPANY):
I, John F. Wilder, a Registered Professional Land Surveyor for Espey, Huston &
Associates, Inc., do hereby certify that the above legal description and the
accompanying plat were prepared from public records and from an actual and accurate
survey made on the ground in the month of June, 1989, and that the same are a true
and rre repr~ion of th~ facts as found at the time of said survey.
Jo , Wilder
Registered Professional Land Surveyor
Texas Registration No. 4285
Page 2 of 2
SURVEY: A8SALOM H. CHIVERS SURVEY A-299
LOCATION: TARRANT COUNTY. TEXAS
EASEMENT ACQUJSIllON: "A" 1.112 AC "8" 1.703 AC
'NHOLE PROPERTY ACREAGE: 38,6971 AC
~~
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~~ CHIN J, CHANG &
~ Q;Y WANDA CHANG
':;'~<i-'r VOL. 7040 PG. 1349
.:::;,'r D.R,T,C,T.
'C (CAll 4,8 AC)
30.00' T3'"
P.D,B. "A"~ \
, \
DA VID C. HARDY, TRUSTEE,T1 { I
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VOL. 7635 PG, 1114 '.... ~ '"
D,R,T,C,T. '-SEE DETAIL "A"
(CAll 3.643 AC)
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PROPOSED 30' 'MDE TEMPORARY
CONSTRUCTION EASEMENT
(EXHIBIT "B")
PROPOSED 20' 'MDE
PERMANENT UTIUTY EASEMENT
(EXHIBIT "A")
Ì(J ~ N 00'43'58" W
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CEMETERY ',', '2~9:"B'2""'" ".";
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THE HIGHLAND GROUP
JOINT VENTURE
VOL. 8207 PG. 1513
D,R. T.C, T.
(CAll 12,297 AC)
NO,
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13
14
15
T6
ADDITIONAL COURSES
.BEARING DISTANCE
N 00'21'39" E 20.00'
S 0016'24" E 20.01'
N 00'21'39" E 50. or
S 88'52'44" E 102.3"
S 00'16'24" E 30,01'
S 88'38'40" E 405,51'
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CARROLL SCHOOL ROAD
(VARIABLE WIDTH)
CHEATHAM AND ASSOCIATES
1170 Corporate DrlvrI West. ArlIngton, Tuas 76006
(817) 6+0--1-329
ESPEY, HUSTON & ASSOCIATES, INC.
17811 Walemew Parkway Dallas, Texas 75252
(214) 669-9600
PREPARED BY GC
CHECKED BY JW
OA TE 9/13/90
E,H, & A. JOB/TRACT 2
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CITY OF SOUTHLAKE
SANITARY SEWER FACILIllES
N-3 INTERCEPTOR
TRACT NO.
2
CITY OF SOUTHLAKE
667 NOR1H CARROLL A VENUE
SOU1HLAKE. TEXAS 76092
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MAP OF' 'Mi0lE PROPERTY
600
JOHN F, WILDER R.P,L.S. No. 4285
SCALE: 1" = 300'
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150
.'300
EXHIBIT IC'
ADDENDUM TO CITY OF SOUTHLAKE
STANDARD UTiliTY EASEMENT PERMANENT AND TEMPORARY
This Addendum to city of Southlake Standard utility Easement
Permanent and Temporary (this "Addendum") is attached to a City of
Southlake Standard utility Easement Permanent and Tempo;ary (the
"Easement Document") executed by Bear Creek Communi tJ.es, Inc.
("Grantor") dated ~\:-- \ \) .\- ,1990, conveying an easement
("Easement") to the City of Southlake ("Grantee"). If the terms
of the Easement Document conflict with the terms of this Addendum,
then the terms of this Addendum shall control.
1. PurJ:>ose. The Easement is for the sole purpose of
placing, operating, maintaining, and replacing an underground
sanitary sewer line within an easement that is 20 feet wide and
located as set forth on Exhibit A to the Easement Document.
2. Construction. Before construction within the Easement
commences, Grantor, its successors and assigns, s~all review and
approve (i) the final plans with respect to the sanitary sewer line
to be placed within the Easement and (ii) the position and
alignment of the Easement in the field.
3. Clearinq of the Easement Area: Trees. Grantee shall give
Grantor at least one dayls prior written notice before it conducts
any clearing operation within the Easement area so that Grantor may
have a representative present during such clearing operation.
During the construction and maintenance of the Easement, Grantee
shall take all reasonable efforts to save existing trees. Grantee
shall not conduct "clear cutting" operations within the Easement
area. Grantee shall give Grantor a reasonable time before the
commencement of construction to mark all trees within the Easement
area that Grantor'does not want cleared or killed by other action
of Grantee. Grantee shall not clear or kill any trees so marked;
however, if it is necessary to the reasonable operation of the
sanitary sewer line located within the Easement to clear or kill
any tree marked by Grantor, then Grantee shall notify Grantor
thereof and Grantor and Grantee shall negotiate in good faith to
resolve such matter.
4. Maintenance of 'Easement Area: Manholes. After any
construction and maintenance operations within the Easement area,
Grantee shall (i) repair the Easement area to its original grade,
(ii) repair any improvements damaged by such operations,
(iii) plant grass in any area in which dirt has been exposed as a
result of such operations and water the grass until it is
established (as reasonably determined by Grantor), (iv) remove all
trash and debris resulting from such operations, (v) take other
actions reasonably necessary to prevent erosion of top soil in the
Easement area. Grantee shall not dispose of any chemicals or other
products within the Easement area.
5. Barriers to Public Entry. During all times that
Granteels agents, employees, or representatives are occupying the
Easement area, Grantee shall erect and maintain barriers reasonably
calculated to prevent third parties from entering the Easement
area.
6. Grant.or' s Use. Grantor, its successors and assigns,
reserves the rJ.ght to make all use of the Easement that is not
inconsistent with Granteels use thereof, including specifically
but without limitation, constructing or maintaining imnrovement~
such as a golf :::ourse, trail systems, roads, walkwaÿs, lakes,
ponds, ~r other improvements over or along the Easement.
7. Abandonment. The Easement shall terminate if' Grantee
ceases to use it for the purposes herein stated for a period of
more than twelve (12) consecutive calendar months.
THE CI';FY
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