A-695 (Mendez3)
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OFFICIAl Pr=r'0~~'-'
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PUBLIC UTILITY EASEMENT
THE STATE OF TEXAS ~
~
COUNTY OF T ARRANT ~
KNOW ALL MEN BY THESE PRESENT:
That the Undersigned, Mendez, Ltd., a Texas Limited Partnership ("Grantor"), for and in
consideration ofthe 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
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 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 (I) 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 permanent 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.
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Public Utility Easement
Mendez.Easement.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 ofthe 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 ofthe 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.
, Si-
EXECUTED this the .3 I - day of March, 1997.
GRANTOR:
MENDEZ, LTD.
A Texas L' ited Partnership
(
By:
gelo C. Mendez
General Partner
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Public Utility Easement
Mendez.Easement.2
032697
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS ~
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COUNTY OF T ARRANT ~
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.
~UU1lV-Jto "
CITY OF SOUTHLAKE ADMINISTRATIVE OFFICES
OFFICE OF CITY SECRETARY
1725 E. SOUTHLAKE BLVD.
SOUTH LAKE. TEXAS 76092
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Public Utility Easement
Mendez. Easement2
032697
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7 72 ACRE 1 HACI
MENDEZ, LTD I
10057, PC. 205
ll.R,T CO,TX
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EXHIBIT "A'
1050 E SOUTHLAKE BLVD.
340 ACRE TRACT
MENDEZ, LTD.
VOL. 12051, PG. 465
[) I~. ,r.Co. ,TX.
I
,
J.5 ACRE TRACT
CFNVESTS SOUTH, JY
VOL. 8564, PG. 285
OR..TCo.,TX.
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100.02'
N 89'19'27" E
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S 89'19'27" W
100.04'
It
EAs'r SOUTHLAKE BLVD.
(F,M. HWY. 1709)
EXHIB IT "A"
showing
PROPOSED UTIUTY EASEMENT
across
1050 E. SOUTHLAKE BLVD.
THE 3.40 ACRE MENDEZ TRACT
in the
Original Scale; 1" = 20'
o 10 20 40
r ", I
Graphic Scale in Feet
W.W. HALL SURVEY, A-695
SOUTHLAKE, TARRANT COUNTY, TEXAS
os recorded in
VOLUME 12,051, PAGE 465, P.R.,TCo.,TX.
5-6 FEBRUARY 14, 1997
fX8ESMTC OWG
EXHIBIT "8"
10' UTILITY EASEMENT
W. W. HALL SURVEY, A,BRACT NO. 695
1050 E. SPUTIILAKE BLVD.
,MENDlrZ, LTD., 3.40 ACRE TRACT
Being a descriptIOn of a ] 0 foot wide II tilit y easement across that certain 3.40 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 12051, Page 465, Deed Records,
Tarrant Ulunty, Texas, (DRT.CO, TX) and being more paliicularly described by metes
and uoulIds as follows:
. BEGINNING at a 5/8 inch iron rod in the North right-of-way line of F. M. Highw~y
1709 (E Southlake Blvd) for the most southerly southeast corner of said 3.40 acre tract
and the southwest corner of a 3.5 acre tract conve.yed to CFNVESTS, Southlake Joint
Venture, ~y deed recorded in Volume 8564, Page 285, D.R.T.CO.,TX.,
THENCE South 89 degrees 19 minutes 27 seconds West, 100.04 feet alqng the North
right-of-:way line of said F. M. lIighway 1709, to a 5/8 inch iron rod for the southwest
corner of said 3.40 acre tract and the soutlleast corner of a 7.72 acre tract conveyed to
Mendez, JJTD., by deed recorded in Volume 10057, Page 205, D.R.T.CO., TX.,
THENCE departing the North right-of-way line of said F. M. 1709, North 00 de,grees 14
minutes 40 seconds East, 1000 feet to a point in the common line of said 3.40 acre tract
and said 7.72 acre tract,
THENCE North 89 degrees] 9 minutes 27 seconds East, 100.02 feet and parallel with.
the North right-of-way line of said F. M. Highway 1709, to a point in the common line of
said 340 acre tract and said 3 5 acre tract
. ,
TIIENCUl South 00 degrees 09 minutes 10 seconds West, 10.00 feet with said common
line to the Point of Beginning and containing 1,000 square feet.
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D197073240
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
197175811
REGISTER
DR92
RECD-BY
T003957
PRINTED DATE TIME
04/28/97 10:47
1
INSTRUMENT FEECD
D197073240 WD
INDEXED TIME
970428 10:47
CG
TOT A L
DOCUMENTS: 01
FEE S:
17.00
B Y:
jV'
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.
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