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A-899 (Timarron) (4) CITY OF SOUTHLAKE UTILITY EASEMENT PERMANENT AND TEMPORARY \ KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS COUNTY OF TARRANT That Timarron Land Corporation; ("Grantor") for and in consideration 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 SOUTH LAKE, Grantee herein, of Tarrant County, Texas, a 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, descíibed as follows, to 'Nit: 20' Utility Easement See attached Exhibit "A" for metes and bounds description. See attached Exhibit "B" 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 drainage facilities 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 Exhibit "B". Such temporary easement shall include the right to excavate upon such property, but Grantee shall replace any fence, improvements, or other fixtures upon said property without cost of Grantor, or current owner thereof, and shall restore the property as nearly as possible to its conditions prior to entry thereon. See Attachment "1" attached hereto for additional terms and 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 We do hereby certify that We are the owners of the property described herein and bind ourselves, 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. day of Aþ/èL-1 , 1994. . By: 9231B702D.SI9 \ -- n ~. l) ..:;-) ¡ 0 L:. 9 STATE OF TEXAS COUNTY OF TARRA,tj1 '£;/9 / /AIS BEFORE ME, the undersigned authority, on this day personally appeared R.L. Croteau, President, Timarron Land Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Aþ~-L- { , 1994. , /.2711 day of ~~~~ ~-~ Notary Fublic in and for the State of Texas t!.y cf)mmission expires: c/- 9- 9 L¡, By: day of ~, 1994. Approved by the City of Southlake, /"~ // / / Return to: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Grantor: Timarron Land Corporation 300 E. Carpenter Freeway, Suite 1425 Irving, Texas 75062 92316702D.S19 , ," i". '-, \ ~J,~~; .0 .-, ,,-j J EXHIBIT "A" BEING a 20-foot wide utility easement situated in the Obediah W. Knight Survey, Abstract No. 899; being a part of that certain tract of land conveyed to Timarron Land Corporation (formerly Bear Creek Communities, Inc.) as recorded in Volume 9813, Page 2375, Deed Records, Tarrant County; Texas, and being more particularly described along the centerline as follows: BEGINNING at a point for corner along the east line of Common Green No. 15 of Timmaron Addition, Wyndsor Creek, said point being North 06005'03" West, a distance of 346.55 feet from the southeast corner of said Common Green; THENCE North 89059'35" East, along the centerline of the herein described easement a distance of 140.04 feet to the end oj said centeriine in the west line of a 20-fcot ...vide utility easement as described in Volume 9955, Page 303, Deed Records, Tarrant County, Texas; g;J Uk 4- - ¡ ~ - 94. 92316702D.s16 I r r~. " , I 0 ..J 'J : OJ \ . .. -'.. -, ~> ~ ~ r " !o " ,,# ..1i,j'UE t~MARkg~u~gÖfTíON';(';':" , WYNDSOR CREEK ~ . , . ~:?~~ .. ::t '- - ,.,.., ¡::: DC « :::!' :~r """'~~l " ""1 , , , i,' CI: '-'.J 'j ,~"""""""""", """"" ;ê 'D Z ;;;;0 .... rr err z<>, 0:::1 m¡:: .... .... CL...J -::;aJ u. ';' " f- ...J u.<l. :î ~, ',', ,r ......."", ,',. "" "\ .P,aOoB.", "."'" N89'S9'3S'E . ,!- '. (140,04' 1,', , ,¡ ,~ -t --1- - - - : ; ;~T URE " '7' - ~ ~~~E-J F -- ~~L: ~~~~. PG. 303 ~ TIMARRONADDITION Uì :;; WYNDSOR CREEK:z -::: " o' ~ ~ ~ :y 0 0 ~ ~ ~ ~ [- '(), ' ~ íT1 "", \ \ , :z ;.' """ '" .". ;' u,,! j i i . ~ "'~ "T . ,é:¿ ~/ ,', í (, TlMARRON LAND CORP. VOL. 98i3, PG. 5 ~.\':~\~'ft.~1'~\'-<1' Cr.,' ,;¡:-<-- -' ~ <,', "() ". ';t¿' <'," ""'~ÄÄŸ.~" "'f:;)r¡ . .. "'~~"49>' ",,"'): < '1 '¡:f"f~ : \~".:. ',,'1 '~. EXHïšíT 4- - / ~ - 14-- 20' UTILITY EASEMENT DEDICATION OUT OF THE OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO, 899 IN THE CITY OF SOUTHLAKE. TARRANT COUNTY,TEXAS " uJ 1:> '~ . '~ ~ vl) \..1'" Ñ\ .~. u-I \, z: 0 I OJ' " W >LL 'u e:: ,.J -=- . .". x '-'.J '" zFJ '-"0 Oz ":g X ....- w<l. ~ ~. ;;:;;LL i ~ " .. z ~~ 0 rr Q' -< ~" -0"> :; '"' '" CJ ~, ~ "'i' 0' oc' c;,: ",' :' 0 - w " ~ ~ z '::> J ...J LOCL " ," ¡ ",./ , '", v- APRIL. 1994 I U '-' "" ATTACHMENT "1" Grantee shall indemnify and hold Grantor, its successors and assigns, harmless from and against all claims, demands, causes of action, suits, liabilities and judgments arising out of the negligence of Grantee, its agents and assigns, in connection with the construction, inspection, maintenance, alteration, repair, replacement, operation and/or ownership of this utility easement. Grantor reserves the right to use the property except as such use may unreasonably interfere with the enjoyment of the rights and easements herein granted. Grantee shall save and not damage any improvements located on the property. f: \legal\privak\1m\jbm-sew.agt , ,~'~" - ',' '-' D194147601 CITY OF SOUTH LAKE 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 R 0 ~ 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 194275344 REGISTER DR91 RECD-BY TO06603 PRINTED DATE TIME 06/24/94 11:40 1 INSTRUMENT FEECD D194147601 WD INDEXED 940624 TIME 11:40 CG TOTAL: DOCUMENTS: 01 FEES: 17.00 B Y: ---1 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. .~ ~. v -;