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A-350 (H Creek)OFFICIAL RECORD PUBLIC SANITARY SEWER EASEMENT THE STATE OF TEXAS)( )( KNOW ALL MEN BY THESE PRESENT: COUNTY OF TARRANT That We, H. Creek Development Inc. by Kosse Maykus, President ("Grantor"), for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by Grantee, 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"), of Tarrant and Denton Counties, Texas a permanent and perpetual easement for the purposes of installing, repairing, maintaining, altering, replacing, relocating, and operating a sanitary sewer in, into, upon, over, across, and under that land in Tarrant County, Texas described as follows, to -wit: A non-exclusive 1,246 square feet permanent Public Utility Easement as shown on Exhibit "A" and more particularly described on Exhibit "B" attached hereto, with the right of ingress and egress as necessary for such purposes. Grantor covenants and agrees 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. 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 any temporary or permanent structure in, into, upon, over, across or under any easements granted herein. TO HAVE AND TO HOLD the above described permanent easement forever and together with all and singular, the rights and appurtenances thereto, anywise belonging unto Grantee, its successors and assigns; and We do hereby 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 an,/ part thereof EXECUTED this the day of �,'�, 200zl GRANTOR: BY, Dwg314435 .,P.1 of 6 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Kosse Maykus, President H. Creek Development Inc. known to me to be the persons whose names are subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said corporation (partnership, JV). S 4' GIVXN UNDER MY HAND AND SEAL OF OFFICE on this the day of : ` t ; . c 20 0 (% . ,. E FKSTROM W)VVISSION EXP,REs Notary Public: i ,JEMf3ER 4, 2005 -- Commission expires: ACCEPTED by the City of Southlake on this the f� ,��waunerr��• � � .�� df 2�%�_, �v e 4 s • e� °e e D200IV5 P. 2 of 3 Exhibit A � M Creek Development, L.L.C., Volume 16831, Pane 12 s N 89'53'05" E 10.00 t t i (0 c- Cr N C14 N a. w LLJLO ' t Q z 41484 8.7 53 ©J W 1 Q.0o _ _ .._.. __ Karen D. Morkum, Volume 124i68, Page 1772 AREA A Registered Prof 34ional ex�d'S�rve � Scale; '1 135 Sheffield llriue i phon A17 293-56$4 "� Fort Worth. iX �61 Fcax 81 i 3-5j �zoq 310& p.10FI6 Area Surveying, Inc. REGISTERED PROFESSIONAL LAND SURVEYORS 135 Sheffield Drive Fort Worth, TX 76134 817©293-5694 EXHIBIT B FIELD NOTES Description for a tract of land in the Joel Chivers Survey, Abstract Number 350, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land described in a deed to Arsenio and Resy Rivera, recorded in Volume 9500, Page 1806, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: COMMENCING at the northeast corner of said Rivera tract and a southeast corner of tract of land described in a deed to H Creek Development, L.L.C., recorded in Volume 16831, Page 12, Deed Records, Tarrant County, Texas; Thence South 89 degrees 53 minutes 05 seconds West at 14.95 feet passing an axle, in all, a total distance of 26.37 feet along the north line of said Rivera Tract and a south line of said H Creek to the POINT OF BEGINNING, of the tract herein described; THENCE South 00 degree 56 minutes 14 seconds a distance of 124.64 feet to the south line of said Rivera tract and to the north line of a tract of land described in a deed to Karen D. Markum, recorded in Volume 12468, Page 1772, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 53 minutes 05 seconds a distance of 10.00 feet along the said north and south line; of said Rivera tract and to a south line of said H Creek tract; THENCE North 00 degree 56 minutes 14 seconds East a distance of 124.64 feet to the north line THENCE North 89 degrees 53 minutes 05 seconds East a distance of 10.00 feet along said north and south line to the POINT OF BEGINNING, square feet of land. said described tract containing 1,246 C \Prajecta142687_ 130 s}Rivers Esmt Field Notes.doc Page 1 of 1 bWq 3 H435 p. 4 aF 5 By: CITY OF SOUTHLAKE 1400 MAIN STREET SUITE 270 SOUTHLAKE 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. Filed For Registration: 10/07/2004 03:17 PM Instrument #: D204314435 OPR 5 PGS $20.00 D204314435 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.