A-695 (Mendez1)
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OFFICIAL RECOfi''''''
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS ~
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COUNTY OF T ARRANT ~
KNOW ALL MEN BY THESE PRESENT:
That the Undersigned, Mendez, Ltd., a Texas Limited Partnership ("Grantor"), for and in
consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration in hand
paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed, has
granted and conveyed, and by these presents does grant 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 line and other public utilities in, into, upon, over, across, and under that land in Tarrant
County, Texas described as follows, to-wit:
A non-exclusive 10 foot wide permanent public Utility Easement as more particularly
described on Exhibit "A" attached hereto, and shown on Exhibit "B" attached hereto,
together 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
pennanent easement and to remove from said permanent easement, any fences, buildings, or other
obstructions as may now be found upon said permanent easement. Upon completion of the
installation of the utility line(s), Grantee agrees to promptly restore the grade of the property which
is the subject of the permanent easement as nearly as possible to its grade prior to entry thereon and
to replace or restore any driveways within the permanent easement.
Grantor has this day additionally granted and conveyed and by these presents does hereby
grant and convey to Grantee an additional contiguous temporary construction easement for a period
of the earlier of (1) year from the date of this Easement or until completion of the installation, for
the purpose of installing utilities on the property known and described as follows, to-wit:
A temporary 30 foot wide Construction Easement said easement being located
immediately adjacent to the above-described pem1anent easement in a configuration
as shown on the attached Exhibit "B".
Such temporary easement shall include the right to excavate and fill upon said temporary
easement, but Grantee shall replace any fences or other fixtures upon said temporary easement
without cost to Grantor, and shall restore the grade of the property which is the subject of the
temporary construction easement, as nearly as possible to its grade prior to entry thereon.
-1-
Public Utility Easement
Mendcz..Eascmcnt.2
031697
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Grantee agrees that once construction is commenced, completion will be accomplished with due
diligence and without unreasonable delay. In any event, if construction is not completed within one
(I) year of the date hereof, all rights granted herein shall terminate and this Temporary Construction
Easement shall become null and void.
No gas line shall be installed within the easement without the prior express written consent of
Grantor. The construction and installation of any utility line(s) within the easement herein granted
shall be at no cost to Grantor or Grantor's successors or assigns. Grantee shall be responsible for
the maintenance, upkeep, replacement and repair of the permanent easement and all utility lines
placed by Grantee within such easement, and shall also be responsible for any repair or restoration
of any driveways or entrances to the property needed as a result of any installation, maintenance,
upkeep, replacement or repair to any utility lines within the 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, except that Grantor shall have the right to keep and maintain the driveways presently existing
on the property and to provide such other entrances or driveways as may be needed by Grantor and
approved by Grantee in connection with the development or re-platting of the property.
TO HAVE AND TO HOLD the above described permanent easement forever and the above
described temporary easement for the period stated above, together with all and singular, the rights
and appurtenances thereto, anywise belonging unto Grantee, its successors and assigns; and Grantor
does hereby bind Grantor, its successors 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 part thereof.
EXECUTED this the
31 SI
day of March, 1997.
GRANTOR:
MENDEZ, L TO.
A Texas mited Partnership
...-j (
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Public Utility Ea,ement
Mendez.Easemcnt.2
032697
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SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS ~
~
COUNTYOFTARRANT ~
BEFORE ME, the undersigned authority in and for said County, Texas, on this day
p-::rsonally appeared Angelo C. Mendez known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed, as General Partner of Mendez, Ltd., a Texas Limited
Partnership, for and on behalf of such Limited Partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3/ ?fday of March, 1997.
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Publie Utility Easement
Mendez.Easemen1.2
032697
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ary Public in and for the State of Texas
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CITY OF SOUTHLAKE ADMINISTRATIVE OFFICES
OffiCE OF CITY SECRETARY
1725 E. SOUTHLAKE BLVD.
SOUTH LAKE. TEXAS 76092
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Original Scale: J" = 40'
o 20 40 80
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Graphic Scale in Feet
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Area = 0.063 Acres I
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918 E. SOUTHLAKE BLVD.
I 72 ACRE TRACT
MEI\jDEZ, LTD.
VOL. 10,057, PG. 205
D.R. ,T.Co.,TX.
PROPOSED
10FT, UTILITY
EASEMENT
N 89'18'30" E
272.82'
272.81'
S 89'18'30" W
EAST SOUTHLAKE BLVD.
F.M. HWY. 1709
EXHIBIT ''A"
showing
PHOPOSED UTILITY EASEMENT
across
918 E. SOUTHLAKE BLVD.
THE 7.72 ACHE MENDEZ TRACT
in the
W.W. HALL SURVEY, A-695
SOUTHLAKE, TARRANT COUNTY, TEXAS
us: recorded in
VOLUME 10,057, PAGE 205, P.R.,T.Co.,TX.
FEBRUARY 14, 1997
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10' UTILITY EASEMENT
W. W. IlALL SlJnVEY, ABSTRACT NO. 695
918.El. SOlJTIILAKE BLVD.
MENIH~Z, 1,'1'1). -7.72 ACRE TRACT
Being a description of a 10 fbot wide utility easement across that certain 7.72 acre tract
located in the W. W Hall Survey, Abstract No. 695, Southlake, Tarrant County, Texas,
conveyed to Mendez, LTD by deed recorded in Volume 10057, Page 205, peed Records,
Tan~ant Cqunty, Texas, (D.R.T.CO.,TX), and being more particularly described by metes
and bOlln1s as follows:
BEGINNING at H 5/8 inch iron rod in the North right-of-way line of F. M. Highway
1709 (E fSouthlake Blvd), for the southeast corner of said 7.72 acre tract and the
southwest comer of a 3 40 acre tracl conveyed to Mendez, L TO" by deed recorded in
Volume 12051, Page 465, DR.T.eO ,'I' X,
THICNCE South 89 degrees 18 minutes 30 seconds West, 272.81 feet aloqgthe North
right-of-way line of said F. M. llighway 1709 to a 5/8 inch iron rod for the most southerly
southwest corner of said 7 72 acre tract and the southeast corner of a 1. 94 acre tract
. .
conveyed to Mendez, LTD by deed recorded in Volume 12256, Page 2215,
DRT CO,TX,
TUII:NCE departing the North right-of-way line of said F. M. 1709, North 00 degrees 13
minutes 012 seconds East, 10 00 feet to a point in the common line of said 7.72 acre tract
and said 1.94 acre lot,
TUI!:NCE North 89 degrees 18 minutes 30 seconds East, 272.82 feet and parallel with
the North right-or-way line of said F M 1709, to a point in the common line of said 7.72
acre tract and the said 3.40 acre tract,
T)[ENC~ South 00 degrees 14 minutes 52 seconds West, 10.0 feet with said common
line to the Point of Beginning and containing 2,728 square feel.
EXHiBIT 'B'
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D197073241
CITY OF SOUTHLAKE
OFFICE OF CITY SECRETARY
1725 E SOUTHLAKE BVD
SOUTHLAKE TX 76092
-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: CITY OF SOUTHLAKE
RECEIPT NO
197175812
REGISTER
DR92
RECD-BY
T003957
PRINTED DATE TIME
04/28/97 10:47
1
INSTRUMENT FEE CD
D197073241 WD
INDEXED TIME
970428 10:47
CG
TOT A L
DOCUMENTS: 01
FEE S:
17.00
tV'
(/
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.
B Y:
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