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A-18 (McClendon) (2) \ 8DALIEeORD CITY OF SOUTHLAKE UTILITY EASEMENT COUNTY OF TARRANT § § § THE STATE OF TEXAS That I, ~ì m t c.~ ,GRANTOR herein, for and in consideration 0 the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating utility facilities in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to-wit: A ten (10) foot wide Permanent Utility Easement containing approximately 0.0337 acres, as more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fi II upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent Utility Easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant 1 is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent Utility Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person. Additionally, GRANTOR does hereby grant, sell and convey to GRANTEE a contiguous temporary construction easement for a period of one (1) year for the purpose of installing utilities in the above described permanent easement, said temporary construction easement being described as follows: A Fifteen (15) foot wide Temporary Construction Easement immediately adjacent to the above-described permanent easement, as more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein. The temporary construction easement shall include the right to excavate and fill upon the temporary easement, but GRANTEE shall replace any fences or other fixtures upon the temporary easement without cost to GRANTOR, and shall restore the property which is subject to the temporary easement as closely as possible to its condition prior to entry thereon. TO HAVE AND TO HOLD the above described permanent easement with the right of ingress and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors and assigns, forever, and the above described temporary construction easement for the term described, and GRANTOR does hereby bind himself, his heirs, successors and assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its successors and assigns, against every person whomsoever lawful'ly claiming or to claim the same or any part thereof. \, IrJ WITNESS WHEREOF, this instrument is executed this ----:t=\Pýj \ ' 2002. ~ day of 1~1 fÞ r&hlj GRANTOR '---------- 2 ACKNOWLEDGEMENT STATE OF TEXAS § § § COUNTY OF TARRANT BEFORE ME, the undersig ed autho ity' a d for said County, Texas, on this day personally appeared c; , known to me to be the person whose n e is subscribed to the foregoing instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. ¥YEN UNDER MY HAND AND SEAL OF OFFICE, this the ?O l ,2002. . \, ('-- -"" I~ \ '\ II day of Notary Public in and for The State of Texas My Commission Expires: ~, "\ --- 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and r al property conveyed by this dedication instrument dated the ~) day of i. . ,tCU , 2002, from ¡ subject to all terms and conditions contained t rein by resolution of the City Council adopted the - day of , and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated:~jU ~ 3[[;/J ~ Mayor, City of Southlake ",'1111"""" "", oüTHt< "'" " C:) ."'.'. k~ ", "'Ox ...' ..'.' '.:. :::. '..À~ :::~.. *- '.~~ =¡-: ~~:. - . . - --. . - ~(.):.. 'jcnÉ ~'. ..::: -:., "" ...' ,:::' " ,...." , , I" * 1c """" III.,.."",' ATTEST: AFTER FILING, PLEASE RETURN TO: City of Southlake ValariQ Bradl"" ~ ~~ 1400 Main Street, Suite ~ c27D Southlake, Texas 76092 Phone: 817-481-234'2-/6(9 Fax: 817.481-~!5g~ 4 E:')C~ \ 'òt~ 't:::>- WATERLINE EASEMENT DESCRIPTION 0.0337 ACRE BEING a tract of land situated in the J. ALLEN SURVEY, Abstract No. 18, in the City of Southlake, Tarrant County, Texas and being part of a 1.50 acre tract of land described in deed to J. McClendon, recorded in Volume 5991, Page 612 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at a %" iron rod found at the southeast corner of said 1.50 acre tract, in the north right-of-way line of Union Church Road (variable width right-of-way), the same being the southwest corner of a 16.9 acre tract of land described in deed to Joyce Owen, recorded in Volume 13526, Page 164 of the Deed Records of Tarrant County, Texas; Thence with the common east line of said 1.50 acre tract and a west line of said 16.9 acre tract, North 01002'09" East, a distance of 15.35 feet to the POINT OF BEGINNING; THENCE leaving said common line, North 89°40'50" West, a distance of 146.60 feet to a point in the west line of said 1 .50 acre tract; THENCE with the west line of said 1.50 acre tract, North 0°49'19" East, a distance of 1 0.00 feet to a point for corner; THENCE leaving the west line of said 1.50 acre tract, South 89°40'50" East, a distance of 146.64 feet to a point in said common line; THENCE with said common line, South 01 °02'09" West, a distance of 1 0.00 feet to the POINT OF BEGINNING and containing 0.0337 acre of land. Bearing system based upon monuments found along the west line of the 11.0 acre tract of land described in deed to Richard A. Reutlinger, recorded in Volume 8226, Page 989 of the Deed Records of Tarrant County, Texas. M:\JOB\520181 OO\Survey\LegaI\W A TERLINE EASEMENT.doc UNION CHURCH ROAD (VARIABLE WIDTH R.O.W.) \I\. 1::. )(.~ \1Z? 1"\ '^ & ~ ~4,;> ,Ç) '?~~O' 4>~ G~ ~~~~ ~.~cp ~ I I I L___- 8 I 5' PROPOSED -- DRAINAGE & I UTILITY ESMT. I I I I J. MORTAZAVI J.G. ALLEN NO. 18 ADDITION CABINET A. SLIDE 2553 P.R.T.C.T 9 16.9 ACRES JOYCE OWEN VOL. 13526. PG. 164 D.R.T.C.T. 1.50 ACRE J. McCLENDON VOLUME 5991, PAGE 612 D.R.T.C.T. LOT 8 PROPOSED SIENA ADDITION 10 NOOO49'19"E 1 0.00' S01.02'09"W 10.00' POINT OF BEGINNING --- S89°40'50"E 146.64' - 0:-0337 ACRE - N8go40'50"W _146 60'- . 1/2" IRF POINT OF~ COMMENCING N 01.02' 09"E 15.35' WeE 5 401 0 40' SCALE: 1 = 40' PIlSJ ENGINEERING WATERLINE EASEMENT EXHIBIT PLANNING ~~~~~~E ARCHITECTURE ~ITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS 5999 SUMMERSIDE DR., SUITE 202 - J. ALLEN SURVEY. ABSTRACT No. 18 DALLAS\ TEXAS 75252 Job Name: SIENA (972) 380-2605 FAX (972) 380-2609 520181/0FFSITE-WATERLINE-EASEMENT JANUARY 9. 2002 CID _L T O. wI- (fJL oU) O-W 0)-- 0::::1- O--.J - ¡:: ~~ ~ 02 W(fJ U)W 0 O-W 00.. O::::<{ O-U U) - 0 L{)Z ..-<{ -.J __L t D202172011 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY = N D E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D E R SON -- COUNTY CLERK 0 F F I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO 202319165 REGISTER DR2A RECD-BY TB PRINTED DATE 06/21/2002 TIME 14:16 1 INSTRUMENT FEECD 0202172011 WD INDEXED 20020621 TIME 14:16 CG TOTAL: DOCUMENTS: 01 FEES: 19.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.