A-695 (Mendez2)
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OFFICIAL RECORD
PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS ~
~
COUNTY OF TARRANT ~
KNOW ALL MEN BY THESE PRESENT:
That the Undersigned, Mendez, Ltd., a Texas Limited Partnership ("Grantor"), for and in
consideration of the sum of Ten 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 pennanent 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
permanent 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 ofthe 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 (l) 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
inunediately 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-
Puhlic Utility Easement
Mendez. Easemenl.2
032697
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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
(1) 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
dl)es 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.
')j Sr
EXECUTED this the) , day of March, 1997.
GRANTOR:
MENDEZ, LTD.
A Texas 'mited Partnership
By:
c
-2-
Public Utility Easement
Mendez EasemenL2
032697
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SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS ~
~
COUNTY OF TARRANT ~
BEFORE ME, the undersigned authority in and for said County, Texas, on this day
personally 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 ~ day of March, 1997.
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Public Utility Easement
Mendez Easement.2
032697
tary Public in and for the State of Texas
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CITY Of SOUTHtAKE AD
OfFICE OF CIT~~~~~~~T~~E OFFICES
1725 E. SOUTHlAKf BLVD
SOUTHtAKE. TEXAS 76092
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Graphic Scale in Fee t
fXBESMIA DWG
900 E. SOUTHLAKE BLVD.
1.94 AC. TRACT
MEI\jDEZ. LTD.
VOL. 12,256, PG. 2215
D.R.,T.Co.,TX.
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PROPOSED
10FT. UTILITY
EASEMENT
Areo = 0.048 Acres
~
N 89"18'29" E
209.34'
209.35'
S 89'\ 8'29" W
EAST SOUTHLAKE BLVD.
(F.M. HWY. 1709)
EXHIBIT ''A"
showing
PROPOSED UTIUTY EASEMENT
across
noo E. SOUTHLAKE BLVD.
THE 1.94 ACRE MENDEZ TRACT
in the
W.W. HALL SURVEY, A-695
SOUTHLAKE, TARRANT COUNTY. TEXAS
os recorded in.
VOLUME 12,256, PAGE 2215, P.R.,T.Co.,TX.
FEBRUARY 14, 1997
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10' lJTILlTY EASEMENT
W. W. HALL SURVEY, ABSTRACT NO. 695
900 E. SOLJTIILAKE BLVD.
,MENDEZ, LTD., 1.94 ACRES
Being a description ofa 10 foot wide utility easement across that certain 1.94 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 12256, PaEe 2215, Deed
Records, :rarrant County, Texas, (D.lt T CO, TX), and being more particularly described
by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod in the North right-of-W':lY line of F. M. lligl1\Y':lY
1709 (E Southlake Blvd) for the southeast corner of said 1.94 acre tract and the most
southerly southwest corner ora 7.72 Hcre tract conveyed to Mende~, LTD., by deed
recorded in Volume 10057, Page 205, D,R,T,CO., TX.,
TUENCE South 89 degrees 18 minutes 29 'seconds West, 209.35 feet alorg the North
right-of-way line of said F. M. 1709 to a 5/8 inch iron rod for the southwest corner of said
L 94 acre tract and the southeast corner of that certain residue of called 162.9 acre
property in the name of Beulah Cross, et aI, according to Cause No. 9133-C - District
Court Minutes, Tarrant County, Texas,
TllENCIil departing the North right-of-way line of said F. M. Highway 1709 North 00
degrees 16 minutes 03 seconds East, 1000 feet to a point in the common line of said 1.94
acre tract ~nd said Cross tract,
THENCE North 89 qegrees 18 minutes 29 seconds East, 209.34 feet and parallel with the
North right-of-way line of said F. M llighway 1709 to a point in the common line of said
194 acre tract and said 7.72 acre tract,
THENCH South 00 degrees 13 minutes 02 seconds West, 10.00 feet with said common
line to the Point of Beginning and containing 2,093 square feel.
EXHIBiT 'B'
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D197073242
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
197175813
REGISTER
DR92
RECD-BY
T003957
PRINTED DATE TIME
04/28/97 10:47
1
INSTRUMENT FEECD
D197073242 WD
INDEXED TIME
970428 10:47
CG
TOT A L
DOCUMENTS: 01
FEE S:
17.00
B Y:
ANY PROVI N WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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