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Cimmarron Acres Addition (Lot 5R6, Block 3) - Easement and Right of Way 50.3200 District: FW DistrictlBF WR: 1030315 Map Ref.: ER- EASEMENT AND RIGHT OF WAY COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS: THE STATE OF TEXAS That CITY OF SOUTHLAKE, of Tarrant County, Texas, hereinafter called "Grantor," whether one or more, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by TEXAS UTILITIES ELECTRIC COMPANY, a Texas corporation, 1601 Bryan Street, Dallas, Texas 75201-3411, hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, its successors and assigns, an easement and right-of-way for overhead and/or underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits and all necessary or desirable appurtenances over, under, across and upon Grantor's land described as follows: SEE EXHIBIT "A" (ATTACHED) Grantor recognizes that the general course of said lines, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right-of-way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right-of-way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, maintain, operate, remove and reconstruct said facilities; the right to relocate along the same general direction of said facilities; the right to relocate said facilities in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease wire space for the purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent excavation within the easement area or for a distance of 5 feet on each side of the actual center of said lines; the right to prevent construction of, within the easement area or for a distance of 5 feet on each side of the actual center of said facilities, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances and the right to trim or remove trees or shrubbery within, but not limited to, said 10 foot space, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto. Grantor shall not make changes in grade, elevation or contour of the land within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgement of Grantee, interfere with the exercise by Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its successors and assigns, until all of said lines shall be abandoned, and in that event said easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITN ESS ~ hand(s) this I£; day of ~ttL CITY OF SOUTHLAKE ,1997. BY(~ Trtle: 7l'LL~r.i/ STATE OF TEXAS COUNTY OF :JiLt.t¿t:: § § § BEFORE ME, the undersigned authority, on this day personally appeared 1 C)v , known to me to be the person whose name is subscribed to the for oing instrument and acknowledged to m hat he executed the same as the act and deed of CITY OF SOUTHLAKE, as the Ut.t. !tV thereof, and for the purposes and consideration therein expressed a in the capacity therein stated, and that he was authorized to do so, . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the It," day of fiLL-- 'n' 199~.~. .' ~¡ tAl- ,tv '-'Ì 'ÆvÍJ;utU--/ SANDRA L. LeGRAND tJl.- . -&L- .-11 r-.Jr,~ary PubliC Notary Public in and for the State of Texas s~,; l¿ OF r:.:X¡1.,S 6aVld fA- ~ ~ Aë-(T(ã/ì¿/.-/ (Print Name of Notary Public Here) íŒtLc 'u\.- tv'. CITY OF SOUTHlAKE ADMINISTRATIVE OFfiCES OffiCE OF CITY SECRETARY 1725 E. SOUTHLAKE BLVD. SOUTHLAKE. TEXAS 76092 fv¡y~olr\!11. Exp. 02/04/2001 My C07;/~ion expires: ~ tf :J..()O/ I N t THE INTENT OF THIS "EXHIBIT' IS TO PICTORIALLY SHOW THE APPROXI~ATE LOCATION OF THE EASE~ENT. IT IS NOT INTENDED AS AN ACTUAL SURVEY. CALLS SHOWN ARE REFERENCES ONLY. NO STATEMENT IS ~AOE TO THE VALIDITY OF THESE CALLS. NO SCALE: ALL DISTANCES ARE +1- Z I _u_------------ -_uuu"u_----,---- u__u-uuu_-- : t:~ --_u_--------------_u--_U_---------, -7 /~- (jl Cy <to xJ \ I L- ~-M 1709 ! ^ PPROVEIJ IIY, '\\ DATE ,199ì r II . I, ~II II II II I -¡. , 15' í N"\ \< \ {\ Ì"I \< ~ .~-..-/ (."","0 "",,,., . 00°"" ",ur ""'ON ,,(I ('.1111] 1] : ,,'Hi(, LOT 5RG. BLOCK 3 CIMMARRON ACRES ADDITION i], 11, ¡'II ,"",,1- . I' /,y --1 0.1.5 . EX97132 MAp. 385 355 W.R. NUMBER _..LQ] 0] /~- NOTE! EASEMENT GRANTED I i ---_t- ----{- 1 r;~ / I _1'1./ RE( :ORDED: VOLUME PAml PLA T RECORDS íÂf-rr7¡\;V i I COUNTY, TEXAS ¡ EXHIBIT II C~ II I Enclosed is the easement for the South lake Booster. Please have appropriate person sign the document and have notorized and returned to me in the enclosed envelope. If you have any questions please give me a call at 215-6238 Thanks, '., Y\t~" \\,~,Ct Melinda Carson \..' '.') '-'v~ ~ v ,{,Iv ' \' \: \J~',' / '..¡v \"Jv ' /.\ I II,' ; I ~l ¡J . -x: :\).;" ..\J ~ . . \ \ \;\,j \..- . , ~\;\ .,j "'\\'-J\IJV . " ~<\ ) 0 ^\,-~Ì>o,,\" \",' ~