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A-687 (Milner) ( ',- CITY OF SOUTHLAKE SANITARY SEWER EASEMENT PERMANENT AND TEMPORARY THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That I, Jim Milner, 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 SOUTHLAKE, Grantee herein, of Tarrant County, Texas a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating sanitary sewer utilities in, into, upon, over, across and under that land in Tarrant County, Texas described as follows, to-wit: Permanent Sanitary Sewer utility Easement: See attached Exhibit 'A' for metes and bounds description with attached 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 sanitary sewer utilities, said temporary construction easement being described as follows, to-wit: Temporary Construction Easement: Immediately adjacent to the above described easement in a configuration as described by metes and bounds in Exhibit IB' and shown on the attached graphic depiction Said temporary easement and permanent easement shall include the right to excavate upon such property, but Grantee shall replace any fences, improvements, driveways, or other fixtures upon said property without cost to Grantor, or current owner thereof, and shall restore the property, the subject of the easements, 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 easements, 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 20 day of ", Ö V ~,:., ~ 1m Milner , 19 ~ 0 Page One of Two , ~ \ 1-; ; U I,' ! I r I . , . ", ',,", I THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, on this day personally appeared Jim Milner, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office on this the ":"fj"'J day of t~'""':"~y,,--~-z...) , A.D. 19 q D . \, """ .. -, , \, Not~\ry ~fq~))i~<~~~r the State of T'e~is My commission expires: "': ",,-, I ¡ ') I':> ~t~~f~~Z,{: th~ ~~~: ~~,~~u:hlake, this the i./- day of \\\1"'1>' ""'ff} . ,,:,,",. q!,,":/~ ,:~~:'.~:,\~" ',' ,'~: ;~>,I;I'M~~;.- c: <.:" " ""::"7',,":.,~ (:: i -0;,' , '. - ,~' , ,\ ;;.. ::i ,". ~,_\ ' ...', :: ~'. ~)', > '\ / ,f ""i/fll'I' J"":':~ ~\\~: \\\,,\ ,>"" By: J'f' AX ), 1/ " " '. ['/1 , ; ,ji 'lit I, ,\ . I ,oj ~11' ¿,' , ({ I ~.' ' ".... ' ,[L-£1 értz1 /~t Lu:~lii'~Î ! / Ci ty ol Southlaketl Texas RETURN DOCUMENTS TO: CHEATHAM & ASSOCIATES 1170 Corporate Drive West, Suite 207 Arlington, Texas 76006 Page Two of Two ! ,.., I 1 -- . '-' I í ' . " r I'") , '. -' :,. ADDENDUM TO CITY OF SOUTHLAKE STANDARD UTILITY EASEMENT This Addendum to the City of Southlake Standard Utility Easement is attached that certain City of Southlake Sanitary Sewer Easement, Permanent and Temporary, executed by Jim Milner, dated~, 1990, conveying an easement to the City of Southlake. ThlS Addendum describes certain conditions to the granting of the easement. 1. Driveway Replacement. The City of Southlake guarantees to repair or replace to the original or better condition any driveways damaged on the Grantor's property as a result of the construction of the N-3 sewer line. 2. Waiving of Connection Fee. As further consideration for the granting of this easement, the City of Southlake hereby waives the administrative cost (residential tap fee) for the connection of one residence on the property owned by the Grantor (a 10.589 acre tract out of the W. M. Hall Survey, Abst. 687, ownership recorded in Vol. 9753, Pg. 1105 D.R.T.C.T.) to the N-3 sanitary sewer. THE C1~;Y, OF SOU:,HL¡ÞJ., Kí;", BY: Ai. L l ¡. i' 11 ,~(. :JuJ !<¿ ,¡' f, .-' TITLE: C ctì.1 of'"'- ( t<. t .¿.¿- ~ í JIM MILNER ~~ I ,.., I t -1 ; ~; I ¡ : ! '. ,... '"' ¡ '. ,J v 15-Foot Wide Permanent Sanitary Sewer Easement William W. Hall Survey, A-587 0.309 Acre FN D-1863 EH&A Job No. 12877-26 October 1, 1990 EXHIBIT "A" CITY OF SOUTHLAKE SANITARY SEWER FACILITIES N-3 INTERCEPTOR TRACT 10 BEING A 15-FOOT WIDE PERMANENT SANITARY SEWER EASEMENT SITUATED IN A 10.589- ACRE TRACT OF LAND CONVEYED TO JIM MilNER, AS RECORDED IN VOLUME 9753, PAGE 1105, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (DRTC1) , AND BEING SITUATED IN THE WilLIAM W. HAll SURVEY, ABSTRACT NO. 687, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING for reference at a 1-inch iron rod found marking the northwest corner of said 10.589 acre tract, same being a northeast corner of an 89.17SO acre tract known as Milner Addition, an addition to the City of South lake as recorded in Cabinet "A", Slide 147, Map Records of Tarrant County, Texas (MRTC1) , and being in the South line of Highland Road (50' R.O.W.); THENCE S 01° 22' 19" E, along the West line of said 10.589-acre tract, same being an East line of said 89.1750-acre tract, a distance of 744.76 feet to the POINT OF BEGINNING; THENCE leaving said common line and crossing said 10.589-acre tract, the following three (3) courses: 1. N 49° 25' 57" E, a distance of 356.SO feet, 2. N 39° 42' 57" E, a distance of 111.43 feet, and 3. N 00° 04' 47" E, a distance of 416.53 feet to a point on the North line of said 10.589-acre tract, same being the South line of Highland Road (50' R.O.W.); THENCE S 88° 20' 15" E, along said common line, a distance of 15.01 feet to a point on the East line of said 10.589-acre tract, same being a northwest corner of said 89.1750-acre tract; THENCE S 00" 04' 47" W, along said common line, a distance of 421.52 feet; THENCE leaving said common line and crossing said 10.589-acre tract, the following two (2) courses: 1. S 39" 42' 57" W, a distance of 118.11 feet, and 2. S 49" 25' 57" W, a distance of 370.00 feet to a point on the West line of said 1 0.589-acre tract, same being an East line of said 89.1750-acre tract; THENCE N 01 ° 22' 198 W, along said common line, a distance of 19.35 feet to the POINT OF BEGINNING, and containing 0.309 acre of land. Bearings are grid bearings based on the Texas State Plane Coordinate System, North Central Zone. It is the intention to describe a 15-foot wide permanent sanitary sewer easement which extends across the Jim Milner 1 O.589-acre tract, being bounded on the East and West by the Milner Addition 89.1750-acre tract and being bounded in the North by Highland Road (SO' R.O.W.). Page 1 of 2 :-- 1 1 --, ¡ ~ î í ¡' , '. ,.. '. . ....J >.. 15-Foot Wide Permanent Sanitary Sewer Easement William W. Hall Survey, A-687 0.309 Acre SURVEYOR'S CERTIFICATE FN 0-1863 EH&A Job No. 12877-26 October 1, 1990 TO 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 January, 1989 and that the same are a true and correct representation of the facts as found at the time of said survey. e¿~ Registered Professional Land Surveyor Texas Registration No. 4285 .4"'~~' ,;::",;r:::'{c;, f'!; ,"~~'~ " , '\ ) ".? Page 2 of 2 .} ! j /"'~'/ ,¡ V'", ~ -;/ f ---7ð Date I '"': I ! *j : ,_: ì ¡ ¡ , , r-- ~ '. ~ ~. 30-Foot Wide Temporary Construction Easement William W. Hall Survey, A-687 0,334 Acre FN D-1864 EH&A Job No. 12877-26 October 1, 1 990 EXHIBIT 'B' CITY OF SOUTHLAKE SANITARY SEWER FACILITIES N-3 INTERCEPTOR TRACT 10 BEING A 30-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN A 10.589-ACRE TRACT OF LAND CONVEYED TO JIM MilNER, AS RECORDED IN VOLUME 9753, PAGE 1105, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (DRTCT) , AND BEING SITUATED IN THE WilLIAM W. HAll SURVEY, ABSTRACT NO. 687, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING for reference at a 1-inch iron rod found marking the northwest corner of said 10.589 acre tract, same being a northeast corner of an 89.1750 acre tract known as Milner Addition, an addition to the City of South lake as recorded in Cabinet 'A', Slide 147, Map Records of Tarrant County, Texas (MRTCT) , and being in the South line of Highland Road (50' R.O.W.); THENCE S 01 ° 22' 19' E, along the West line of said 1 0.589-acre tract, same being an East line of said 89.1750-acre tract, a distance of 764.11 feet to the POINT OF BEGINNING; THENCE N 49° 25' 57' E, leaving said common line and crossing said 1 0.589-acre tract, a distance of 370.00 feet; THENCE N 39° 42' 57' E, a distance of 118.11 feet to a point on the East line of said 10.589-acre tract, same being a West line of said 89.1750-acre tract; THENCE S 00° 04' 47' W, along said common line, a distance of 47.03 feet; THENCE S 39° 42' 57' W, leaving said common line and crossing said 1 0.589-acre tract, a distance of 84.44 feet; THENCE S 49° 25' 57' W, a distance of 397.02 feet to a point on the West line of said 10.589-acre tract, same being a West line of said 89.1750-acre tract; THENCE N 01 ° 22' 19' W, along said common line, a distance of 38.71 feet to the POINT OF BEGINNING, and containing 0.334 acre of land. Bearings are grid bearings based on the Texas State Plane Coordinate System, North Central Zone. It is the intention to describe a 30-foot wide temporary construction easement which extends across the Jim Milner 10,589-acre tract, being bounded on the East and West by the Milner Addition 89.1750-acre tract. SURVEYOR'S CERTIFICATE TO CITY OF SOUTHLAKE, (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 January, 1989 and that the same are a true and correct representation of the facts as found at the time of said ?/ ~ ~ Registered Professional land Surveyor Texas Registration No. 4285 /:d:~"",~ «/...:;t" ',,' ,:.~\~~~\ '4, (/ --~J ¿"ð Date "h l Page 1 of 1 ! n! I! ;;' I ¡ .' ! " J'" '. , '. - -,' SURVEY: WILLIAM W. HALL SURVEY A-687 LOCATlON: TARRANT COUNTY, TEXAS EASEMENT ACQUISITlON: "A" 0.309 AC "8" 0,334 AC WHOLE PROPERTY ACREAGE: 10,589 AC PLAT OF EXHIBITS "A" & "B" NORTH ~ 14 E, LEON WARD VOL, 6663 PG, 250 LOT í 2 BLK 1 D.R. T,c. T. 1 3 \ -'T,,- \ \>-.(,(, ~, ~ 'ô'ó1 \\>-.~~ ~ ~\(,~ '-Ì~ ~C~ ~\)?- '!t>~~ ()~ \'ò ~~ ~'>~ ~G. c¿,~ ~ ~\) 'ò'J.. JEFFREY D. WILLIAMS & ~'ò'ò/ "s=.:-' DIANNE L, WILLIAMS O'v ~~' VOL. 7762 PG 1118 ~ LOT 11 D.R.T.C,T, MILNER ADDITION CABINET nAn, SLIDE 147 M.R. T.C.T. P.D.B. 7' R.O.W. 764.1" DEDICA nON S 0"22"9" E 744.76' JIM MILNER VOL, 9753 PC. 1105 D,R.T.C.T, (CALL 10.589 AC) PROPOSED 30' WIDE TEMPORARY CONSTRUCTION EASEMENT (EXHIBI T "B") MILNER ADDITION CABINET nAn, SLIDE 147 M.R. T.C, 1. NO. T1 T2 T3 T4 T5 ADDITIONAL COURSES BEARING DISTANCE N 39'42'57" E '11.43' S 88'20'15" E '5,01' N °"22"9" W '9,35' S 00'04'47" W 47,03' N °"22"9" W 38.71' \>-. 'y (, ~. ~ 'ô'ò1 \\>'-~ / ~ ~\(,~ ~~' ~\)?- 7' R.O.W. DEDICA nON SURVEY LINE ~ \>-. (, (, ~. ~ 'ô~~ \\>'-~ ~ ~ ",~(,~ '-Ì~ "'.'\ c;\)?- MAP OF WHOLE PROPERTY CHEA THAM AND ASSOCIATES 1170 Corporate Drive West, Arl.'ngton. Texall 76006 (817) 640-4329 ESPEY. HUSTON & ASSOCIATES, INC. 17811 Waf"""ew Parkway Dailas, Texas 75252 (214) 669-9600 PREPARED BY GC CHECKED BY JW DATE 9 /19 /90 E.H. & A. JOB/TRACT 10 SCAl_E: 1" = 200' a 100 200 400 CITY OF SOUTHLAKE SANITARY SEWER FACILITIES' N-3 INTERCEPTOR TRACT NO. 10 CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 w ,~ ~ 0::: ,~ 0 l{) '--' II 0 II « 0 Ct: 0 z :3 ?-~ Ô y::.\'-Ì~ )C§) II ,:r: ~. ~ ~ II 'y' ~'-Ì ~\JSURVEY LINE I II II w z :J >- ?-~ ~ \i.\~~ n~Cj :::> C" ~ v (fJ \>'-, ~~~~ C?\)?- , ,-, 1 ' ., "') ii' , , r- '. ' , "J. 0190201 r::,rJ"., LI y OF SOUTHLAKE (:'o,~ N CARROLL AVE ,_1 Y Sf-CRE r ARY ,'I)UTHLAKE, Ti 76C)92 WAR N 1 N G-THI5 IS PART O~ THE OFFICIAL RECORD--D 0 NOT DES T ROY F ILE[I"'.] ARRANT COUNTY TEXAS S U Z ANN E HEN D E R SON -- COUNTY CLERK 0 F F 1 C I A L R E C E 1 F T 1 0: CITY OF 50UTHLAKE RU:E.IFf NC: 1'~1[i51 7/+ REGISTER DR91 PRINTED DATE TIME 12/07/90 13:47 1 INSTRUMENT FEECD [1191]201::)05 WD AMOUNT 15. OC\ FILED 901207 TIME 13:47 CK 2218 ¡ (I r A L : [IOCUMENTS: 01 FEE 3: 15.00 BY' ~-- -.....' ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE [5 INVALID AND UNFORCEABLE UNDER FEDERAL LAW. i r'" , I e~ , -, ¡ ¡ f