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A-299 (Highland Group) IX OFFICIAL RECORD CITY OF SOUTH LAKE SEWER EASEMENT , t." (L I . ,i U' ll,q. .'. ...., I '-.~f'" THE STATE OF TEXAS s s COUNTY OF TARRANT s That Highland Group, JV, GRANTOR herein, for and in consideration of the sum of Ten ($10,00) Dollars and other good and valuable consideration in hand paid by the CIN OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating one sewer line facility in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to- wit: A 20 foot wide Permanent Sewer Easement containing approximately 0.660 acres and a 45 foot wide Temporary Construction Easement containing approximately 1 ,417 acres, as more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein, Said Temporary Construction Easement is to be terminated following City acceptance of the sanitary sewer line, together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement, It is further intended that the Permanent Sewer Easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent Sewer Easement, rights and privileges granted therein are non-exclusive, and GRANTOR may convey other easements so long as future easements do not conflict with or damage Grantee's sewer line. IN WITNESS WHEREOF, this instrument is executed this /VA vChl 0 e 'Z- , 2004. ~ day of D.E. EKSTROM MY COMMISSION eXPIRES NOVEMBER 4, 2005 ~~~H~~UP~ ANTOR ~ ACKNOWLEDGEMENT STATE OF TEXAS S S COUNTY OF TARRANT S BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared James Burger, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. At GIVEJ'I UNDER MY HAND AND SEAL OF OFFICE, this the ~ day at Ll 0" 't..1f\ bQ." , 2004. yC~t~ Notary Public in and for The State of Texas My Commission Expires: I/. ;Jov. ).. oof' JJ. E. E/< sf '(0 h') Typed or Printed Name of Notary 2 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the &~day of tJOV~lM..~ , 2004, from Highland Group JV to the City of Southlake, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated: 11- Pr'Q cr ~o:~~:;';?~ ~~:~=~; _..____ /.1< -.... Mayor, City of South lake ATTEST: ,~~.,~~ ,') - '~/) l'&~~. '" :j:'fl J , I)' '-f/ t. i::..1 * '\ """ ~ (- z"": "(1'\~ :o! :~E City Secretary ; ~. :fJ>! ~ ... .... ~ '." O...e..~.. ~' ; ~~ ;"," *** \,\\\ I"U,.."," AFTER FILING, PLEASE RETURN TO: City of Southlake City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 Phone: 817-481-1519 Fax: 817-481-5826 3 20' SANITARY SEWER EASEMENT A. Chivers Survey, Abstract No. 299 and W.w. Hall Survey, Abstract No. 695 City of Southlake, Tarrant County, Texas. DESCRIPTION, of a 28,732 square foot (0.660 acre) tract of land situated in the A. Chivers Survey, Abstract No. 299, and the W.W. Hall Survey, Abstract No. 695, Tarrant County, Texas; said tract being a part of a tract of land described in a deed to The Highland Group Joint Venture recorded in Volume 8207, Page 1513 of the Deed Records of Tarrant County, Texas; said 28,732 square foot (0.660 acre) tract being more particularly described as follows (Bearing system for this survey is based on a bearing of North 00 degrees, 50 minutes, 09 seconds East for the west line of a tract of land described in Deed to The Highland Group Joint Venture recorded in Volume 8207, Page 1513 of the Deed Records of Tarrant County, Texas): COMMENCING, at a TXDOT aluminum disc found at the southeastern corner clip at the intersection of the north right-of-way line of E. Highland Street (County Road 3034) (a variable width right-of-way) with the east right-of-way line of Northwest Parkway (State Highway 114) (a variable width right-of-way); THENCE, South 87 degrees, 31 minutes, 15 seconds East, along said north right-of-way line of E. Highland Road, a distance of 187.63 feet to a "+" cut in a concrete monument for the POINT OF BEGINNING; said point being on said north right-of-way line, and the southeast corner of a tract of land described in deed to D/FW-HWY 114/ HIGHLANDS LTD. recorded in Volume 10438, Page 32 of the Deed Records of Tarrant County, Texas; said point also being the southwest corner of a tract of land described in deed to The Highland Group Joint Venture recorded in Volume 8207, Page 1513 of the Deed Records of Tarrant County, Texas; THENCE, North 00 degrees, 50 minutes, 09 seconds East, along the east line of said D/FW-HWY 114/ HIGHLANDS LTD. tract and the west line of The Highland Group Joint Venture tract, a distance of 947.46 feet to a concrete monument found for corner, said point being in the south line of a tract of land described as Tract 3 in a deed to Westerra Timarron L.P. recorded in Volume 12612, Page 1596 of the Deed Records of Tarrant County, Texas, said point being the northeast corner of said D/FW-HWY 114/ HIGHLANDS LTD. tract and the northwest corner of said The Highland Group Joint Venture tract; said point also being on the south line of an existing 20-foot wide utility easement; THENCE, South 88 degrees, 51 minutes, 19 seconds East, along the south line of said Westerra Timarron L.P. tract, and the north line of said The Highland Group Joint Venture tract, and the south line of said existing 20-foot wide utility easement, a distance of 154.12 feet to a 1/2 inch iron rod found for the southeast corner of said Westerra Timarron L.P. tract, and said existing 20-foot wide utility easement; THENCE, departing said south line of Westerra Timarron L.P. tract, and said existing 20-foot wide utility easement, traversing said The Highland Group Joint Venture tract, the following five (5) calls: South 01 degrees, 08 minutes, 41 seconds West, a distance of 20.00 feet to a point for corner; North 88 degrees, 51 minutes, 19 seconds West, a distance of 134.01 feet to a point for corner; South 00 degrees, 50 minutes, 09 seconds West, a distance of 907.62 feet to a point for corner; South 88 degrees, 23 minutes, 15 seconds East, a distance of 355.05 feet to a point for corner; SHEET 1 OF 4 20' SANITARY SEWER EASEMENT (CONTINUED) South 01 degrees, 36 minutes, 45 seconds West, a distance of 20.00 feet to a point for corner, said point being in the north right-of-way line of said East Highland Street; THENCE, North 88 degrees, 23 minutes, 15 seconds West, along the north right-of-way line of said East Highland Street, a distance of 374.78 feet to the POINT OF BEGINNING; CONTAINING: 28731 square feet or 0.660 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. / / \, /.~ "- ---f' ..-~ " -71 \0, Jqtnes A. KOf::h, Jr. Date Registered p,rofessional Land Surveyor No. 4688 Pacheco Koph Consulting Engineers, Inc. 8350 N. Ce,ntral Expwy., #1000, Dallas TX 75206 (972r~031 \, \"l~ (" Ir 20' S.E.doc 2399-04.310 RGM SHEET 2 OF 4 ~~[H]D~D1J \t~\t MA TCHLlNE - SEE SHEET 4 O/FW-HWY 114/HIGHLANOS L TO. (VOL. 10438, PG. 32) to V r' -v ~O) (f) -< mw C) z: -0) ~e w. me -10 o e e z ,.. I I I I I I I I I I I UNE L1 L2 LINE TABLE BEARING S 01008'41" W S 01036'45" W LENGTH 20.00 20.00 ~ ----- - - -- - - ------- 20' SANITARY SEWER EASEMENT 0.660 ACRES (28,731 SF) 50 I I I GRAPHIC SCALE IN FEET o 100 "" ~. I I I IT 45' TEMPORARY I CONSTRUCTION I EASEMENT "+" CUT IN CONCRETE~ L _ _ _ MONUMENT - - - - - - - - - - - --, _.~~_.~(~~~.[L@_ S 88023'15" E 355.05' IA5'U~~VfRS . AEjST. NO. 299 S 8r31'15" E 187.63' N 88023'15" W 3747' 7K( HALL SURVEY ~+O E. HIGHLAND STREET (COUNTY ROAit3034i \9~ ~~... ~TXDOT ALUMINUM (VARIABLE WIDTH R.O.W.)- ." ....,h-. " DISK FOUND PART OF (v ~~ " LOT 1, BLOCK A -<717-<7<9. ~ \S\~ " 114 & CARROLL ADDITION ('f'1f?, &~...4lO ~(VOL. 388-218, PAGE 59) Z)~ -'L."'" fa ~ ~~ NOTES: '~.J .., J.. ~"" 1. Bearing system for this survey Is based on a ~ .., bearing of North 00 degrees, 50 minutes, 09 ~ J,- "" seconds East for the west lot line of a tract ~ of land described in Deed to The Highland Group Joint Venture recorded In recorded in Volume 8207. Page 1513 of the Deed Records of Tarrant County. Texas. PART OF 12.297 AC. THE HIGHLAND GROUP JOINT VENTURE (VOL. 8207, PG. 1513) POINT OF BEGINNING LEGEND - - - - PROPERTY LINE EASEt.4ENT LINE (C.t.4.) - CONTROLLING t.40NUt.4ENT The undersigned. Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tract described. '" :;: o ...; W D ::;0- <:'" mot 'to .. I mm I~ N ot/ De> 0:;: NO ......../ ~D ........- 0'" _I ot D I m m '" N ",-/ U'" _N ::;01 o::e> 0;;:: Uo U/ ::;0 .. 0::::;0 ~. \.l"l.~\A James/A. Koch, ~r. Date Regist'ered Profe~sional Land Surveyor No. 4688 A legal description of even date herewith accompanies this plat of survey. 20' SANITARY SEWER EASEMENT SUITE 1000 DALLAS. TEXAS 75206 972.235.3031 LOCATED IN THE CllY OF SOUTH LAKE, TEXAS AND BEING OUT OF THE A. CHIVERS SURVEY, ABSTRACT NO. 299 AND W.W. HAU. SURVEY, ABSTRACT NO. 695. TARRANT COUNlY. TEXAS SHEET 3 OF 4 DWG FILE: 2399 04.310E3.DWG , 1 d0 .'';.' 6350 N CENTRAL EXPWY P.:lcheco Koch Consulting Engineers DRAWN BY RGM SCALE DA TE JOB NfABER 1--100' OCTOBER 2004 2399-04.310 TRACT 3 WESTERRA TIMARRON, l.P. (VOL. 12612, PG. 1596) EXISTING 20'1 =- UTILITY EASEMENT_ J-= CONCRETE MONUMENT~ FOUND (C.M.) 20' SANITARY SEWER EASEMENT 0.660 ACRES (28,731 SF) D/FW-HWY 114/HIGHlANDS lTD. (VOL. 10438, PG. 32) to """ r-...: -""" (J)O) in ~w C>: zO) 0:::0 ~b mil) -0 o z w~w DERREll ETUX MARTHA BURGESS (VOL. 15133, PG. 527) r1/2- IRON ROD FOUND (C.M.) 0.036 ACRE CEMETARY (VOL. 8207, PG. 1513) 45' TEMPORARY CONSTRUCTION EASEMENT ~ o 50 100 I I I GRAPHIC SCALE IN FEET PART OF 12.297 AC. THE HIGHLAND GROUP JOINT VENTURE (VOL. 8207, PG. 1513) LINE TABLE LINE BEARING l1 S 01008'41" W l2 S 01036'45" W LENGTH 20.00 20.00 LEGEND - - - - PROPERTY UNE EASEMENT UNE (C.M.) - CONTROLUNG MONUt.4ENT ----- ....-- MATCHLlNE - SEE SHEET 3 (:> ~ o r0 w D ~- <1:"< 01'" -to .. I 0101 I~ N ..../ D(:> D~ NO ........./ ~D ........;;; S'J. D I 01 01 ,.., N "'./ U"" _ N ~I 0::(:> o~ Uo U./ ~ .. o::~ The undersigned, Registered Professional Land Surveyor. hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tract described. i \ . -:r.o ,V .--::y:J .{ James A. KocH. Jr. Date Reg{stered Protessional Land Surveyor No. 4688 ---------- NOTES: 1. Bearing system for this survey is based on a bearing of North 00 degrees, 50 minutes, 09 seconds East for the west lot line of a tract of land described in Deed to The Highland Group Joint Venture recorded in recorded in Volume 8207, Page 1513 of the Deed Records of Tarrant County, Texas. 2. A legal description of even date herewith accompanies this plat of survey. SUITE 1000 DALLAS. TEXAS 75206 972.235.3031 20' SANITARY SEWER EASEMENT LOCATED IN THE CllY OF SOUTHLAKE, TEXAS AND BEING OUT OF THE A. CHIVERS SURVEY, ABSTRACT NO. 299 AND W.W. HALL SURVEY. ABSTRACT NO. 695. TARRANT COUNlY. TEXAS SHEET 4 OF 4 DWG FILE: 2399 04.310E3.DWG ~4~ 8350 N CENTRAL EXPWY r'()checo Koch Consulting Engineers SCALE 1-=100' DA TE JOB NUMBER OCTOBER 2004 2399-04.310 DRAWN BY RGU CITY OF SOUTHLAKE 1400 MAIN ST #270 SOUTH LAKE TX 76092 Submitter: CITY OF SOUTHLAKE - ZSLKE-001 SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Flipct For Registration' 01/03/200508:42 AM Instrument #: 0205000047 OPR 8 PGS $26.00 11111111111111111111111111111II11111I11111111111111111111111 0205000047 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.