A-899 (3A1)
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COUNTY OF TARRANT ~
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KNOW ALL MEN B)i'llIESE PRESENTS:
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That we, Billy W. Hayes and Carolyn 1. Hayes, GRANTORS--Iierein, for and in
CITY OF SOUTHLAKE
UTILITY EASEMENT
STATE OF TEXAS
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in
hand paid by the City of Southlake, GR.A.NTEE herein, the receipt and sufficiency of which is
hereby acknowledged and confessed, do hereby grant, sell and convey to GRANTEE a permanent
and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing,
relocating, rebuilding, removing, and operating one underground water line in, across, under and
through all that land in Tarrant County, Texas described as follows, to-wit:
A permanent 20 foot wide Utility Easement as more particular described in
Exhibit "B" and shown on Exhibit "A" attached hereto and incorporated herein
together with the right of ingress and egress as necessary for such purposes.
GRANTORS covenant and agree that, except as expressly provided herein below,
GRANTORS and GRANTORS' 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 the easement granted herein any temporary or permanent structures, but GRANTORS
shall otherwise be allowed to use the surface of the easement for purposes that do not interfere
with GRANTEE's permitted use. It is further agreed that GRANTEE shall have the right to
excavate and flll to existing grade 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.
Utility Easement
1
It is specifically acknowledged and agreed that GRANTORS shall retain (i) the right of
access, ingress and egress across such easement, (ii) the right to construct horizontal
improvements such as driveways, paved vehicle parking areas, and other improvements of like
kind, so long as otherwise permitted by GRANTEE's regulations, and (iii) the right to construct
a carport within the surface area of the easement adjacent to their existing single family residence
in compliance with all city regulations and contingent upon obtaining any necessary variances or
approvals from the GRANTEE, including the right to locate automobiles, or other movable
personal property, within said carport. Nothing contained herein shall be deemed or construed
to impair or restrict the rights of GRANTORS or of the invitees, licensees, visitors, guests,
tenants or employees of GRANTORS, or their successors and assigns, to use the easement area
for vehicle parking and the passage and accommodation of vehicular and pedestrian traffic, so
long as same is otherwise lawful.
The utility easement herein granted shall run with the land and forever be a right in and
to the land belonging to said GRANTORS, their successors and assigns, and, to the extent
GRANTORS are able to do so, said grant is expressly excepted from any right of reversion of
said premises under any prior deeds in GRANTORS' chain of title. The utility easement rights
and privileges herein are non-exclusive, but GRANTORS covenant that they will not convey any
other easement or conflicting rights within this easement area that will unreasonably interfere with
the easement and rights herein granted to GRANTEE to any other person.
TO HAVE AND TO HOLD the above-described permanent easement, with the right of
ingress and egress thereto, together with all and singular, the rights and appurtenances thereto,
anywise belonging unto GRANTEE, its successors and assigns forever; and GRANTORS do
hereby bind themselves, their heirs and assigns, to warrant and to forever defend all and singular
Utility Easement
2
-.." .~,--_.~''''''''''''''''--_....,..----... ".-.._-...-----_.~----------------
the premises unto GRANTEE, its successors and assigns, against every person whomsoever
lawfully claiming or to claim same or any part thereof.
The foregoing notwithstanding, this conveyance is made and accepted subject to all
matters of record in Tarrant County, Texas, and/or visible and on the ground or that a true and
correct survey would reveal.
EXECUTED this the :.? 0 ..J.-f-.. day of
-:r U .0 f'
, 1997.
GRANTORS:
LLY
Q~5irs,~~
ACKNOWLEDGMENT
STATE OF TEXAS S
S
COUNTY OF TARRANT S
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day
personally appeared BILLY W. HA YES AND CAROLYN 1. HAYES, known to me to be the
persons whose names are subscribed to the foregoing instrument and acknowledged to me that
they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this '50 f-( day of
-:::J() Il t , 1997.
BELINDA S. TAYLOR
Notify PllbIIc, S1ItI of ll.
My ea..... bpIrII U.fN7
r;$ ~f2tf) ct ,C;o ,I-;V IOL-
Notary Public in and for the State Of Texas
My Commission Expires:
Type or Print Notary's Name
Utility Easement
3
CLERK'S CERTIFICATE
STATE OF TEXAS S
S
COUNTY OF T ARRANT ~
I, , County Clerk of the County of Tarrant, do hereby
certify that the foregoing instrument of writing dated on the day of
19 _, was filed for record in my office on the day of
at o'clock _.m., and duly recorded this
19 , at o'clock .m. in the
Volume on pages
,19_,
day of
Records of said County, in
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at
offices in , the day and year last above written.
County Clerk, Tarrant County, Texas
By:
Deputy
Utility Easement
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JUN-27-1997 10:08
FIELD I flG, BARRET 0 TA'iLO,P
EXHIBIT 'B'
20' PERMANENT UTn.ITY EASEMENT
Field Notes
Being a 0.074 acre U'aC.t of land in lbc Obcdiah W. KniJht Survey, Ab6tJ:acr No. 899. City of
Soulhlake. Tarrant Coapty, Texas aud being <I portion of a ttaCl of land conveyed to Billy W.
Hayes, by deed m Vol\lmc 6551. Page 938 of the Deed R.ecorIU of T2m.m Conmy Texas,
(D.R.T.C.T.) and belftr awe partievl:ariy described as follows:
BEGINNING at the northwest comer of said Hayes tract. said point being ill the South r~'
of-way fiDe of &arc Hipway P.M. 1709. said. point abo beiQr Ibe llOrtbeast comer of a tnICt
of laIId CXlIIl'YIS)'eIl U) Ruc:kct furilly LTD PanDt=rstUp, hlc. by deecl in VohuDc 12069,
.page 1671 oftbe Deed Rccozds oI'Tarrur Coumy TCX3I, (D.&. T.C.T.);
THENCE N 890 18' 28'" E. along tbt: north lint of said Hayes nee for a diatance of
160.84 ~t to a point far a comer in dle South rigbl-of-way Uae of SWe
Highway P.M. 1709, said point being lhr: northeast COma: of said Ruc'izr tract;
THBNCE S 00. 47' 06" W. aJooa Ulc cast line of said HayeS tract for . disranc:e of 20.01
feef 10 2 point for a comer in lha east line of said Hayes tract;
THENCE S 890 IS' 28- W. for I disWlCe of 161.63 feet to a point for a c:ornct in cbc
west line of said Hayes tract;
THENCE N 03. 02' 40" E, aloGg (be west lint; of nkl Hayes tnl:t for a dUCamc of20.04
feet to the POINT OF BEGINNING. cODCaiDing wid1in <<hcse me.tes and bounds
0,074 ac:~ or 3,m $QUare kct of land ~ or Ie$$.
Fl\~l9tb:X
-p,
6
8173324741 R.08/0B
TOTAL P.08
D197117803
FIELDING BARRETT & TAYLOR ATTY
500 THROCKMORTON ST #3400
FT WORTH TX 76102 3821
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
I N D E XED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
OFF I C I A L R E C E I P T
T 0: FIELDING BARRETT & TAYLOR ATTY
RECEIPT NO
197235780
REGISTER
DR96
RECD-BY
T000224
PRINTED DATE TIME
07/01/97 16:14
1
INSTRUMENT FEECD
D197117803 WD
INDEXED TIME
970701 16:14
CA
TOTAL
DOCUMENTS: 01
FEE S:
19.00
B Y:
0<
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.