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A-299 (Smith) (2) \ \, , , \ \ 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), e.',ve... h. ~'" for and in consideratlon 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 CI~Y O~ SOüTHLAKE, Grantee herein, of Tarrant County, Texas a'permanent ólnd perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating ~tilities in, into, upon, over, across and under that land in ='} rr an t County, Texas descr ibed as follows, to-wi t: ?ermanent Utility Easement: See attached Exhibit 'A' for metes and bounds description See attached Exhibit ICI 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 'e' and described in Exhibit 'B'. 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 w~th all and singular, the rights and appurtenances thereto, a !lYW i se belong i ng unto the said Gran tee, its successors and assigns forever; and I/We do hereby certify that r/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 / qd day of ma'1 e ~ , 19.f!. /~Á ~A~~) ¡If r1L1A ¿ Return to: City of Southlake City Secretary 667 North Carroll Ave. Southlake, Texas 76092 Page One of Two I 'U" ';: ') v":" v ~;::3j THE STATE OF TEXAS COUNTY OF TARRANT AeKNOWLEDGEMENT BEFORE ME, the undersigned authority, on this day personally appeared I I known to me to subscribed to the to me that he/she/they consideration therein ~ ; '.2 t- -5', +-h. be the person(s) whose name(s) is are foregoing instrument, and acknowledged executed the same for the purposes and expressed. GIVEN under my hand and seal of office on this the / 9 ¿-¡t' day of7[Y)L2<>,t'Á , A.D. 19 9/. ",:,' :,,';'~:'~~ r!,,~,~,r;!?~';:';~," , ' ,,:,:;\'" \ ., , , , c "c,¡ " '", t:, ""':,' .,~~.;;.,~;~':<;J t..c~"::; ;~.('/"t"""'_." . My commission expires: ß -/ 9 - 9/ Ac~p,te. d¡ by the Ci ty of SQuth1ake, this the !JLlI ",(1;-' A. D. 19 JlL. 'J 'j ,! (,f f day of " " ',; """" '.' " ~~ /~~~, '~:: J ¡ >;-/;~' '-..';f\ ~ ': ~, Ìí~\ ' ~ ~ \cJ.... y/ ~ " .;:':: ~-:., , '.:::' ""... ' , , , , .. , " ' ' ", "'II It """ "", "'I ",\ 11"","""" ; ,i, j BY:__,_¿)¡C l! t A 1!j,~(I!f,'Lj C dif )a utA. ¿u 1 City oft.'South1ake, &exas 1/ RETURN DOeUMENTS TO: eHEATHAM & ASSOeIATES 1170 eorporate Drive West, Suite 207 Arlington, Texas 76006 Page Two of Two I " " ;' I I ' ), UJL...; "'. ,'. ,. -; ¿ ¿ j i ADDITIONAL eONDITIONS TO KEN SMITH SEWER EASEMENT 1. The City agrees to reimburse Mr. Ken Smith up to $2,000 toward Engineering Fees only in developing a drainage study for the property described in Exhibit 'A' attached hereto. This agreement is personal to Mr. Ken Smith and is not transferrable to another owner of all or any part of the above-described property. .. L. . The City agrees to allow Mr. Ken Smith to submit through the City a drainage study at Mr. Ken Smith's sole cost and expense that will allow FEMA to change or alter their maps. 3 . If the City in its sole discretion relTIoves the 42" pipe along TW King Road, the eity will deoposit approximately 401 of the pipe on Mr. Ken Smith's property for his use. 4. The City agrees to waive the administrative tap charges for two (2) sewer taps for sewer taps on the property described in Exhibit IAI or on adjacent properties owned all or in part by Mr. Ken Smith at the time of the granting of this easement. [REMAINDER OF PAGE IN'rEN'rIONALLY BLANK] Addendum to Easement for Additional eonditions I I,.., ".'.' ,', ,¡ ., ,/ Vv,-,-, 'J '; ":;'-:' L.-:"'vu 10-Foot Wide Permanent Utility Easement Absalom H. Chivers Survey, A-299 0.065 Acre FN D-1529 EH&A Job No. 12877-26 Revised March 14, 1991 EXHIBIT 'A' CITY OF SOUTHLAKE SANITARY SEWER FACILITIES N-3 INTERCEPTOR TRACT 8 BEING A 10-FOOT WIDE PERMANENT UTILITY EASEMENT SITUATED IN A CALLED 1.436-ACRE TRACT OF LAND CONVEYED TO JANE SMITH, AS RECORDED IN VOLUME 8707, PAGE 1407, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (DRTCn, AND BEING SITUATED IN THE ABSALOM H. CHIVERS SURVEY, ABSTRACT NO. 299, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the northeast corner of said 1.436 acre parcel, same being the northwest corner of a called 0.538 acre parcel deeded to Nu Way Transports, Inc. as recorded in Volume 5341, Page 413, DRTCT, and being in the south line of Highway 114 (variable width) and being at the beginning of a circular curve in the south line of said road; THENCE S 01° 29' 51' W, leaving said road and with the east line of said 1.436 acre parcel and west line of said 0.538 acre parcel, a distance of 12.33 feet to a point in a circular curve to the left having a radius of 7519.32 feet; THENCE leaving said line and with said curve an arc distance of 7.20 feet, through a central angle of 00" 03' 18' and having a chord which bears N 52" 43' 28' W, a distance of 7.20 feet; THENCE N 52" 45' 06' W, a distance of 30.41 feet; THENCE S 36<' 31' 30' W, a distance of 235.73 feet to a point in the south line of said 1.436 acre parcel and in the north line of Highland Street (variable width); THENCE N 87" 56' 16' W, with the south line of said 1.436 acre parcel and north line of said Highland Street, a distance of 12.13 feet; THENCE N 36° 31' 30' E, leaving said line, a distance of 252.72 feet to a point in the north line of said 1.436 acre parcel and south line of said Highway 114; THENCE S 52" 45' 06' E, with the north line of said 1.436 acre parcel and south line of said Highway 114, a distance of 40.54 feet to the POINT OF BEGINNING and containing 0.065 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 10-foot wide permanent utility easement which extends across Jane Smith 1.436-acre tract, being bounded on the East by the Nu Way Transports, Inc. 0.538-acre tract, and being bounded on the South by Highland Street and being bounded on the north by Highway 114. Page 1 I '.-' n C'j . 'I ". ' v v:"'" v ,', " " .-:.(~J:; 1 O-F oot Wide Permanent Utility Easement Absalom H. Chivers Survey, A-299 0.065 Acre FN 0-1529 EH&A Job No. 12877-26 Revised March 14, 1991 SURVEYOR'S CERTIFICATE TO THE CITY OF SOUTH LAKE, (PROPERTY OWNER), AND (TITLE COMPANY): I, John F. Wilder, a Registered Public Surveyor in the State of Texas 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. .---'" // / /(/c¿- /¿";LJ------~-:;-' -é~ J6hn F. Wilder Registered Public Surveyor Texas Registration No. 4285 Page 2 I ,-, r\ r) , ¡UJl.-V ~ 2.;i C 50 Foot Wide Temporary Construction Easement Absalom H. Chivers Survey, A-299 0.373 Acre FN D-1539 EH&A Job No. 12877-26 Revised March 14, 1991 EXHIBIT "B" CITY OF SOUTHLAKE SANITARY SEWER FACILITIES N-3 INTERCEPTOR TRACT 8 BEING A 50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN A CALLED 1.436-ACRE TRACT OF LAND CONVEYED TO JANE SMITH, AS RECORDED IN VOLUME 8707, PAGE 1407, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (DRTC1) , AND BEING SITUATED IN THE ABSALOM 8XHCHIVERS SURVEY, ABSTRACT NO. 299, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: DESCRIPTION ONE COMMENCING at the northeast corner of said 1.436 acre parcel, same being the northwest corner of a called 0.538 acre parcel deeded to Nu Way Transports, Inc., as recorded in Volume 5341, Page 413, DRTCT, and being in the south line of Highway 114 (variable width) and being at the beginning of a circular curve in the south line of said road; THENCE S 01 ° 29' 51" W, leaving said road and with the east line of said 1.436 acre parcel and west line of said 0.538 acre parcel, a distance of 12.33 feet to the POINT OF BEGINNING; THENCE continuing S 01° 29' 51" W, with said line a distance of 61.76 feet to a point on a circular curve to the left having a radius of 7469.32 feet; THENCE leaving said line, and with said curve an arc distance of 43.29 feet, through a central angle of 00" 19' 55" and having a chord which bears N 52" 35' 09" W, a distance of 43,29 feet; THENCE N 52" 45' 06" W, a distance of 29.78 feet; THENCE N 36" 31' 30" E, a distance of 50.00 feet; THENCE S 52" 45' 06" E, a distance of 30.41 feet to the beginning of a circular curve to the right having a radius of 7519.32 feet; THENCE with said curve an arc distance of 7.20 feet, through a central angle of 00" 03' 18" and having a chord which bears S 52" 43' 28" E, a distance of 7.20 feet to the POINT OF BEGINNING and containing 0.064 acre of land. DESCRIPTION TWO BEGINNING at the southwest corner of said 1.436 acre parcel and being in the north line of Highland Street (variable width) and being in the west line of said Absalom H. Chivers Survey and the east line of the Larkin H. Chivers Survey, Abstract No. 300; THENCE N 01° 29' 51" E, along the west line of said Absalom H. Chivers Survey and said 1.436 acre parcel and the east line of said Larkin H. Chivers Survey, a distance of 10.12 feet; THENCE N 36" 31' 30" E, leaving said line, a distance of 275.39 feet to a point in the north line of said 1.436 acre parcel and being in the south line of Highway 114 (variable \Midth' . , '., THENCE S 52" 45' 06" E, along the north line of said 1.436 acre parce: and the south line of Highway 114, a distance of 50.00 feet; THENCE S 36" 31' 30" W, leaving said line, a distance of 252.72 feet to a point in the south line of said 1.436 acre parcel and the north line of said Highland Street; Page 1 ¡U32~ ¿ 2~} ¡ 50 Foot Wide Temporary Construction Easement Absalom H. Chivers Survey, A-299 0.373 Acre FN 0-1539 EH&A Job No. 12877-26 Revised March 14, 1991 THENCE N 87" 56' 16" W, with the south line of said 1.436 acre parcel and the north line of said Highland Street, a distance of 53.60 feet to the POINT OF BEGINNING and containing 0.309 acre of land for a total of 0.373 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 50 foot wide temporary construction easement in the Jane Smith 1.436-acre tract, being bounded on the East by the Nu Way Transports, Inc. 0.538-acre tract, bounded on the South by Highland Street, bounded on the west by the Larkin H. Chivers Survey and being bounded on the north by Highway 114. SURVEYOR'S CERTIFICATE TO THE CITY OF SOUTHLAKE, (PROPERTY OWNER), AND (TITLE COMPANY): I, John F. Wilder, a Registered Public Surveyor in the State of Texas 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. ---- '<..'J <' / .¿~: /~~¿Á John F. Wilder Registered Public Surveyor Texas Registration No. 4285 Page 2 , ~ ,.'. " ¡ JJ{~,~ . j '; :. '-j ;:. c.~ l.. L . SURVEY: ABSALOM H. CHIVERS SURVEY A-299 LOCATION: TARRANT COUNTY, TEXAS EASEMENT ACQUISITiON: "A" 0.065 AC "8" 0.373 AC WHOLE PROPERTY ACREAGE: 1.436 AC CITY OF SOUTHLAKE SANITARY SEWER FACllIllES N-3 INTERCEPTOR TRACT NO, 8 PLAT OF EXHiBITS "A" & "B" w z NORTH -' >- ~ ~I I ~ J.~~ CJ 'f' C) C) ~' /\) ~ ~~~. ~ J.<V V~~ I C:) I P.D.B. "B2" v ~~c{) '~. /Cò ~ ~ ,~/--\ , " ~ ~V~~ ~~ CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 ~ J.<.~ ~ G~ ,<'" :ìr ~ a~~ ~~~ ~~ '?' c:, 'i5 ~ ~Q :ý~ '-'1)- 11 <it (~ ~4 <9<~ Þttð ~ .s-,j' :.?' ~,j'. °6'.. JANE SMITH <;' YOLo 8707 PG, 1407 D.R,T.C.T. (CALL 1.436 AC) l:!. = 00'03'18" R = 7519.32 T = 3.60 L = 7.20 B = N 52'43'28" W C = 7.20 NU WAY ìRANSPORTS, INC. VOL 5341 PG. 413 D.R. T.C. T. (CALL 0.538 AC) .q- I- l:!. = 0019'55" R = 7469.32 T = 21.64 L = 43.29 B = N 52'35'09" W C = 43.29 T5 T3 SURVEY LINE - - __HIGHLAND STREET (VARIABLE WIDTH) \^';v';v TANGENT TABLE ~ o.<-:J T1 S 01'29'51" W 12.33' ~. D~.J T2 N 52'45'06" W 30.41' ~ ~ ~/ T3 N 87"56'16" W 12.13' \~~' I í' T4 N 0"29'5'" E îO.Î2' . ....,,\ V~. ,(,-:' T5 N 87.56'16" W 53.60' ~.::..\V ~ T6 S 01'29'51" W 61.76' D T7 N 52'45'06" W 29.78' C:) T8 N 36'31'30" E 50.00' CHEATHAM AND ASSOCIATES 1170 Corporate Drive Itftt, Arlington, rexa~ 76006 (817) 640-~29 ESPEY, HUSTON & ASSOCIATES, INC, 17811 I4bt.vlew Parkway Dallas. rexa~ 75252 (214) 669-9600 -,.-----.., /" ' / / -- '. // } /» - "~;¿; /~.<~ c> JOHN F, WILDER R.P,L.S. NO. 4285 PREPARED BY GC CHECKED BY JW DATE REV 3/14/91 E.H. & A JOB/TRACT 8 SCALE: 1" = 60' 15 30 60 0 1 ,'"", ¡ U j i. ~, . ' r ,~ C>: ,j "^', ' ){',' ",' ~ .',.' .' --. " c~ "