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Timarron Golf Course (Lot 1, Block 2) - Permanent Utility Easement ",-....2 ) .) .:/' . / r ) / rERMANENT UTILITY EASEMENTO F F J C' A L R E COR D STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF T ARRA1\'T Timarron Golf Club, Inc., a Texas corporation, whose address is 1400 Byron Nelson Parkway, Southlake, Texas 76092 ("Grantor"), for and in consideration of S 10.00 and other good and valuable considerations, the receipt whereof is hereby acknowledged. does hereby grant unto City of Southlake, a , whose address is 667 N. Canoll A venue, South1ake, Texas 76092, its successors and assigns forever ("Grantee"), a nonexclusive permanent easement (the "Easement"), as provided and set out in the metes and bounds description and graphic depiction on Exhibit "A", to construct, reconstruct, and perpetually maintain utility improvements (the "Facilities") in, on, over, through, and across the real eSTaTe situated in Tarrant County, State of Tex?s, more particularly described on Exhibit "A". This Easement shall be governed by the following; 1. Grantee's Privileges and Obligations. Grantee shall have (i) the right to trim any trees, overhanging branches, or other obstructions which may endanger the safety of or interfere with the construction, reconstruction, operation, maintenance, repair, replacement, or removal of said Facilities, (ii) the right to pile dirt and materials and to operate equipment on the surface of the land, within said Easement tract only, during periods of construction, reconstruction, operation, maintenance, repair, replacement, or removal of said Facilities, and (iii) the right of ingress and egress onto said Easement tract for the purpose of exercising the rights herein granted. Grantee hereby agrees that all such work in connection with the Easement granted herein shall be conducted so as to minimize the interruption to the operation, maintenance, and use of the golf course of which the Easement tract is a part (the "Golf Course") and done in such a manner as to prevent injury to person or propeny. Grantee hereby further agrees to make written request ten (10) days prior to Grantee performing any construction, repairs, replacement, reconstruction, or removal of said Facilities if such activity will interfere with Golf Course play, and to restrict days of such construction, repair, replacement, removal, or reconstruction to days when the Golf Course play is at low usage, except in the event of an emergency. During any such construction, installation, operation, removal, or other use, Cirantee and/or all persons under contract with Grantee shall, at its or their expense, provide temporary bridges, crosswalks, and other means of access as necessary to minimize the interruption of usage of the Golf Course by the members and guests 0 f the golf facilities operated by Grantor. Grantee and/or all persons under contract with Grantee shall exercise all necessary precautions to prevent injury as a result of any open trench and/or construction, maintenance, and/or repair of the Facilities, including, but not limited to, barricades. 2. Grantor's Rights. Grantor shall have the right to use the land within said Easement tract for any purpose consistent with the rights herein conveyed to Grantee, including the right to constmct, operate, and maintain on and across said Easement tract driveways, sidewalks, parking areas, cart paths, landscaping, sprinkler systems, and utilities other than those to be constructed by Grantee within the above-described Easement tract. 3. Underground Facilities. Grantee, on behalf of itself, its officers, agents, employees, and all persons under contract with Grantee, does further hereby covenant and agree that any Facilities are to be maintained and kept underground and shall be buried at least twenty-four inches (24") below the surface grade of the subject property. Any portion of the Facilities which cross any in-bounds portion of the Golf Course must be approved in writing by Grantor. Grantee acknowledges that a failure to comply with the terms of this section will damage Grantor, and Grantee agrees that it will cure any such default within th111Y (30) days after notice thereof from Grantor. 4. Indemnification by Grantee. Grantee hereby agrees it will indemnify and hold harmless Grantor and/or its officers, directors, agents, servants, and employees from any and all expenses, suits, actions, judgments, attorneys' fees, and costs arising from any suits, actions, or claims of any character, type, or description brought or made for or on account of any injunes or damages received or sustained by any person or persons or property, arising out of, or occasioned by, the negligent or intentional acts or omissions of Grantee or its agents, employees, or invitees in connection with the Easement granted herein. Permanent Utility Easement Page 1 :'\ Restoration. Grantee, by accepting delivery of this Easement, hereby agrees, at its sole expense, to restore, within ten (I 0) days after substantial completion of any construction or maintenance by or on behalf of Grantee with respect to the Easement tract, the surface of the land, including, without limitation, ground covers, plantings, cart paths, sidewalks, and stmctures, after the initial construction and any reconstruction, maintenance, repair, replacement, or removal of said Facilities, as near as practicable to the condition found prior to each such operation. Any damage done to the turf areas of the Golf Course shall be repaired using sod of the same type as the grass damaged. Grantee further agrees that if such repairs are not complete within ten (10) days after the Easement work is finished, Grantor may give Grantee written notice of breach. If, at the end of five (:'\) days after such written notice is given, Grantee has not commenced the repairs or does not diligently pursue the repairs to completion, Grantor will have the right to make the repairs without any further notice to Grantee, and Grantee will be liable to Grantor for the full cost of such work performed. Grantee shall pay the amount billed by Grantor to Grantee therefor within thirty (30) days after invoice. 6 Property Title. No warranty of title to any property is given hereunder, and the Easement herein given to Grantee is subject to all encumbrances, conditions, and reservations upon or under which Grantor holds its property. 7 Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect except a subsequent modification in writing, signed by the party to be charged. S Litigation. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs. 9. Terms. The terms "Grantor" and "Grantee" as used herein shall be deemed to be plural, when required to be so, and shall include the successors and assigns ofthe parties hereto. The term "Easement" as used herein shall be deemed to be plural, when required to be so. 10. Effectiveness of Agreement. Notwithstanding anything herein to the contrary, this Easement shall not be effective for any purpose until all parties shown below have executed this document and it has been filed of record in the county in which the property subject to this Easement is located. IN WITNESS WHEREOF, this Easement is executed this ~ day of Oc.6hEV'L. ,1998. Grantor: Timarron Golf Club, Inc., a Texas corporation By: pd~~<\. u.,,-.o~v, Title: 'I). C'i::.. "<',,-'t.:) \c.l ~\:\ Grantee: City of Southlake a(n) h~ By: Printed ame: i.¿ I UC- iT t? Title: I)') t1- V 0):. Permanent Utility Easement Page 2 Sf A TE OF TEXAS § § § COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Jack T. Lupton, Vice President of Timarron Golf Club, Inc., a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing mstrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Æ~ay of ¿p~ ,1998. ~.J:- ~ ~ ~~t~~~~i~:o~t~:p~;e~~xas ? ~ c. h q , , STA TE OF TEXAS § § COUNTY OF ---~- -~---- § BEFORE ME, the undersigned authority, on this day personally appeared ¡;~{dv ~r , -----~ .. . of City ofSou~hlake, a(n) , kno# to me to be the person and officer whose name IS subscnbed to the foregomg mstrument and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. GJVE~ UNDER MY HAND AND SEAL OF OFFICE this the~i day of (f)¡ti...LlU! ,1998. ~'",'.,cùli"'..;"'~H~ SANDRA L t_aGHMJD ~ Not<lry PUhi( -, STATE Or: rEX,\') ~ ¡, f¡ly CDlT'l1i f. 'I ¡i,O4,20()1 ~ --,,~~:<::i hI ¿¡ll~ lIiih-¡¿u Notary Public, State of , My Commission Expires: .p,J'I J Uti ) I / / AFTER RECORDI RETURN TO: Henslee and Cas' y, LLP. Attention: Henslee 3030 ;. J Free'.vay, Suite 840 DJll-tás, Texas 75234 ÜiUtlv 16 1. WY OF SOUTHLAKE~DMINISTRATIVE OFFICES OFFICE OF CITY SECREìARY 1725 E. SOUTHLAKE BLVD. SOUTHL.~KE. TEXAS 76092 October ló. 1998 (,\TMRNI16è\(;ENERAL O\sollLhlake esm! doc Permanent Utility Easement Page 3 EXHIBIT "A" UTILITY EASEMENT BEING A 0.106 ACRE UTILITY EASEMENT SITUATED IN THE HOLLINGSWORTH & BARNETT SURVEY, ABSTRACT NO. 797, IN THE CITY OF SOUTH LAKE, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 1, BLOCK 2 OF TIMARRON GOLF COURSE, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE 1889 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.RT.C.T.). SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHEAST CORNER OF SAID LOT 1 AND A COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO WESTERRA TIMARRON, LP., RECORDED IN VOLUME 12612, PAGE 1631 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), BEING IN THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF BYRON NELSON PARKWAY (A 60' RO.W.) AS RECORDED IN CABINET A, SLIDE 1709, P.RT.C.T.; THENCE ALONG SAID NORTH RO.W. LINE OF BYRON NELSON PARKWAY AND THE COMMON SOUTH LINE OF SAID LOT 1, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, A DELTA ANGLE OF 02°00'39", A LONG CHORD THAT BEARS N 87°09'03" W, A DISTANCE OF 34.04 FEET, AN ARC DISTANCE OF 34.04 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID LOT 1 THE FOLLOWING SIX (6) COURSES AND DISTANCES: N 00°02'59" E, A DISTANCE OF 19.42 FEET TO A POINT FOR CORNER; N 89°57'01" W, A DISTANCE OF 10.00 FEET TO A POINT FOR CORNER; N 00°02'59" E, A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER; S 89°57'01" E, A DISTANCE OF 29.00 FEET TO A POINT FOR CORNER; N 00°02'59" E, A DISTANCE OF 234.99 FEET TO A POINT FOR CORNER; S 89°57'01" E, A DISTANCE OF 15.00 FEET TO A POINT IN THE EAST LINE OF SAID LOT 1 AND THE COMMON WEST LINE OF SAID WESTERRA TIMARRON, LP. TRACT; SHEET 1 OF 3 H\JOB\TIMARRON\97213902\SDA T A \ 139EXOO1.FNS THENCE S 00°02'59" W, ALONG SAID COMMON LINE, A DISTANCE OF 244.99 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID LOT 1 THE FOLLOWING THREE (3) COURSES AND DISTANCES: N 89°57'01" W, A DISTANCE OF 24.00 FEET TO A POINT FOR CORNER; S 00°02'59" W, A DISTANCE OF 20.02 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 960.00 FEET, A DELTA ANGLE OF 01 °26'02", A LONG CHORD THAT BEARS S 87°25'15" E, A DISTANCE OF 24.02 FEET, AN ARC DISTANCE OF 24.02 FEET TO A POINT IN THE EAST LINE OF SAID LOT 1 AND THE COMMON WEST LINE OF SAID WESTERRA TIMARRON, L.P. TRACT; THENCE S 00°02'59" W, ALONG SAID COMMON LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.106 ACRES (4617 SF) OF LAND, MORE OR LESS. ..<;~~~:;:~.~:¡;;~;;:;,': " !¥"! -,,'C:. ::','". I ~~>S'. .~/.. ~",.:,\S r f-"':< -<! l...\ i "",,',-"r,{>'.<,¡ì.' l'V).\:('~¡'- 11., ."..:'(j,,\ It "... . ~~.,.. 'j\,' "1\ ,. J ...............""". H' \" /;' " ~ ,-';~,"'r ~t \I~ bARY ÍJ. \, t,k""'" ;. \\',","',,""",",",,'.,',",'":,~"".",~",, ,)ø . . -<> ¡j - ~ ~ '/, I'", ',.:<) ..:rl.~." ,"<,.", (' J \\1.('0'0 "~.. "', ~,-9, A',;' ;:;-'-::-"'¡ ,,-,\q,,','¡ C,), '/,' \~¡. . Y¿-><; è,;," ,...', I ~.~ }, ;i"U, ""'\1,,1,<:-,,--, ~.! II ~~ o..-.?- ~l'" 1 íl> SHEET 2 OF 3 H:\JOB\TIMARRON\97213902\SDATA\139EXOO1.FNS CURVE TABLE CURVE DEL TA RADIUS ARC BEARING CHORD C1 02'00'39" 970.00 34.04 N 87'09'03" W 34.04 C2 01'2602" 960.00 24.02 S 87"25"5" E 24.02 ) 1 K8c~ m m ~ tr) N l.&.J = ~ m Lt') = N m 0 Lt') " N 0 0 0 " 0 Z 0 (/) 6 LINE TABLE LINE BEARING DISTANCE L1 N 00"02'59" E 19.42 L2 N 89"57'01" VI 10.00 L3 N 00.02'59" E 20.00 L4 S 89.57'01" E 29.00 L5 S 89"57'01. E 15.00 L6 N 89.57'01" VI 24.00 L7 S 00.02'59" VI 20.02 LB S 00.02'59" VI 10.00 1 "=60' WESTERRA TIMARRON, L.P. VOLUME 12612, PAGE 1631 D.R.T.C.T. 5 BLOCK 2, LOT 1 DMARRON GOLF COURSE CAB/NET A, SLIDE 1889 P. R. T. C. T. PROPOSED TI MARRON ADDITION HUNTL Y MANNOR PHASE 1B \;. BLOCK 2 0,106 Ac, (4617 SF) 2 IX) -.J CIRS BYRON NELSON PARKWAY CABINET A, SLIDE 1709 P.R.T.C.T. (60' R.O.W.) N~ Q Nj~ U 1--- 0 O-J -JQ) BLOCK 1 LOT 3R 1 PLA T REV/S/ON LOT 3R1 AND 3R2, BLOCK 1 TIMARRON GOLF COURSE CAB. A, SLIDE 2988 P. R. T. C. T. BEARING BASIS IS THE EAST LINE Of' TIMARRON GOLf' COURSE. AN ADDITION TO THE CllY OF SOUTHLAKE. RECORDED IN CABINET A. SLIDE 1889. P.R.T.C.T. DATE: 09/25/98 EXHIBIT "A" UTILITY EASEMENT - Carter:: Burgess Consultants ;n Planning. Engineering. Acchltecture, Construction Monogement and Reloted Services CARTER'" BURGESS. INC. 7950 EUdIROOK DIIIIIE, sun: 250 OOUAS. IX 75247-"'" (2") &311-0"5 SCAlE: 1 "-60' j (J',I I! Ie DRAWN BY: J. DElAUGHTER HOLLINGSWORTH & BARNETI SURVEY, ABSTRACT NO. 797 ,) II, I Ii CHECKED BY: G. VEDRO CITY OF SOUTH LAKE, TARRANT COUNTY, TEXAS ¡¡\JOB\ TII~!lfmON\9771590;;\CRA\CW::;\ 1 39EXOO'CWC; EXHIBIT "An UTILITY EASEMENT BEING A 0.100 ACRE UTILITY EASEMENT SITUATED IN THE HOLLINGSWORTH & BARNETT SURVEY, ABSTRACT NO. 797, IN THE CITY OF SOUTH LAKE, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 1, BLOCK 2 OF TIMARRON GOLF COURSE, AN ADDITION TO THE CITY OF SOUTH LAKE, RECORDED IN CABINET A, SLIDE 1889 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.RT.C.T.). SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHEAST CORNER OF SAID LOT 1 AND A COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO WESTERRA TIMARRON, LP., RECORDED IN VOLUME 12612, PAGE 1631 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.RT.C.T.), BEING IN THE NORTH RIGHT-OF-WAY (RO.W.) LINE OF BYRON NELSON PARKWAY (A 60' RO.W.) AS RECORDED IN CABINET A, SLIDE 1709, P.RT.C.T.; THENCE ALONG SAID NORTH RO.W. LINE OF BYRON NELSON PARKWAY AND THE COMMON SOUTH LINE OF SAID LOT 1 THE FOLLOWING TWO (2) COURSES AND DISTANCES: ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, A DELTA ANGLE OF 01 °25'08", A LONG CHORD THAT BEARS N 87°26'49" W, A DISTANCE OF 24.02 FEET, AN ARC DISTANCE OF 24.02 FEET TO THE POINT OF BEGINNING; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, A DELTA ANGLE OF 00°35'30", A LONG CHORD THAT BEARS N 86°26'29" W, A DISTANCE OF 10.02 FEET, AN ARC DISTANCE OF 10.02 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID LOT 1 THE FOLLOWING SIX (6) COURSES AND DISTANCES: N 00°02'59" E, A DISTANCE OF 19.42 FEET TO A POINT FOR CORNER; N 89°57'01" W, A DISTANCE OF 10.00 FEET TO A POINT FOR CORNER; N 00°02'59" E, A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER; SHEET 1 OF 3 H:\JOB\TIMARRON\97213902\SDA TA\139EXOO1,FNS S 89°57'01" E, A DISTANCE OF 29.00 FEET TO A POINT FOR CORNER; N 00°02'59" E, A DISTANCE OF 234.99 FEET TO A POINT FOR CORNER; S 89°57'01" E, A DISTANCE OF 15.00 FEET TO A POINT IN THE EAST LINE OF SAID LOT 1 AND THE COMMON WEST LINE OF SAID WESTERRA TIMARRON, L.P. TRACT; THENCE S 00°02'59" W, ALONG SAID COMMON LINE, A DISTANCE OF 244.99 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID LOT 1 THE REMAINING TWO (2) COURSES AND DISTANCES: N 89°57'01" W, A DISTANCE OF 24.00 FEET TO A POINT FOR CORNER; S 00°02'59" W, A DISTANCE OF 30.03 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.100 ACRES (4362 SF) OF LAND, MORE OR LESS. SHEET 2 OF 3 H:\JOB\TIMARRON\97213902\SDATA\139EXOO1.FNS CURVE TABLE CURVE DELTA RADIUS ARC TANGENT CHORD BEARING C1 0"25'08" 970.00 24.02 12.01 24.02 N 8726'49" W C2 00'.35'.30" 970.00 10.02 5.01 10.02 N 86'26'29" W 6 LINE TABLE LINE BEARING DIST ANCE L1 N 00°02'59" E 19.42 L2 N 89°57'01" IJ 10.00 L3 N 00°02'59" E 20.00 L4 S 89°57'01" E 29.00 L5 S 89°57'01" E 15.00 L6 N 89°57'01" IJ 24.00 L7 S 00°02'59" IJ 30.03 'l),[ 1 nSC), I C,t'..B. A, SIC. c: - ---j I' f,;,T,c.T, /' c." ;I: 0 í c." /' N 0 :?J BEARING BASIS IS THE EAST LINE OF TIIAARRON GOLF COURSE, AN ADDITION TO THE CITY OF SOUTHlAKE, Ñ RECORDED IN CABINET Þ., SLIDE 1889, P.R.T.C.T. r-. en /' Z 0 œ œ < :::E t= /' ~ 3 ~r ..., <': I 1 "=60' BLOCK 2, LOT 1 nMARRON GOLF COURSE CAB/NET A, SLIDE 1889 P. R. T. C. T. \ ~/ ~/\ \ 10 lJ E, UIB, A,~LD 1'3S9 f~ I, ,T 0,100 Ac, (4362 SF) c." ;I: 0 0 0 x w en I") C'-J~ 0::: t-r)~ U 1-0 °-1 -IQ) BLOCK 1 LOT 3R1 DATE: 08/11/98 Sf-iE[~ SCAlE: '.-&0' L5 ------------- WESTERRA TIMARRON, L.P. VOLUME 12612, PAGE 1631 D.R.T.C.T. 5 PROPOSED TIMARRON ADDITION VILLAGE H PHASE 1 ---~ .. ~--l-- I I BLOCK 2 2 P.D.C. BYRON NELSON PARKWAY CABINET A, SLIDE 1709 P.R.T.C.T. (60' R.O.W.) PLA T REVISION LOT 3R 1 AND 3R2, BLOCK 1 nMARRON GOLF COURSE CAB. A, SLIDE 2988 P. R. T. C. T. EXHIBIT "A" UTILITY EASEMENT - Carter:: Burgess Consultants In Planning. EngineerIng. Architecture. Constructôon Monogement and Reloted Services CARTER ~ BURGESS. INC. 7950 ~ OlIN[, lUTE 250 ~.;:-Ó¡>:;'-... . OUT OF THE DRAWN BY: J. DEl-'UCHTER HOLLINGSWORTH & BARNETT SURVEY, ABSTRACT NO. 797 3 --- .~-- "-'-~---1N--fHE ,---- ----- CHECKED BY: C. vEDRO CITY OF SOUTHLAKE. TARRANT COUNTY, TEXAS D198284153 CITY OF SOUTHLAKE 1725 E SOUTHLAKE BLVD SOUTHLAKE, TX 76092 WAR N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY IN 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 199073413 REGISTER DR92 RECD-BY T024230 PRINTED DATE TIME 12/07/98 14:34 1 INSTRUMENT FEECD D198284153 WD INDEXED 981207 TIME 14:34 CG TOTAL: DOCUMENTS: 01 FEES: 23.00 B Y: C? 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.