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A-686 (FM 1709 Shady Oaks94) ( \ l~ ~', h 'v~) CITY OF SOUTHLAKE PERMANENT UTILITY EASEMENT AND OFFICIAL RECORD T~MPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That (I),F .M.1709 Shady oak~,G?~ritor herein, for and in consideration of the City of Southlake relinquishing payment of ten (10) dollars, and other good and valuable consideration by Grantee herein, 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 herein, of Tarrant County, Texas a permanent and perpetual easement and temporary construction easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas described as follows, to-wit: Being a permanent 15 foot wide utility easement and a 35 foot wide temporary construction easement, described as follows: See Exhibit "A" for metes and bounds description. See Exhibit "B" for graphic depiction together with the right of ingress and egress as necessary for such purposes. 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 in, into, upon, over, across or under said permanent easement granted herein any temporary or permanent structures, and it is further agreed that Grantee shall have the right to excavate and fill upon and within said permanent easement, and shall have the right to remove from said permanent easement any fences, buildings, or other obstructions as may now be found upon said permanent easement. Grantee shall replace any existing fences and shall re-sod or re-seed the permanent easement where necessary to return the property as nearly as possible to its prior condition. Such temporary construction easement shall include the right to excavate or fill upon such property, but Grantee shall replace any existing fences, improvements, or other fixtures within or upon said temporary construction easement without cost to Grantor, or current owner thereof, and shall restore the property as nearly as possible to its condition prior to entry thereon. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and I/We do hereby certify that IIWe are the owners of tIle properly described herein and bind myself/ourselves, my/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 any thereof. EXECUTED this the (.:.::.2 S- day of 6CFOd.E'"?? , 19 9L/ ~A~ ~."=- ~ / Page 1 of 2 1,1805 1251 THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, on this day personally appearedP~ 'J.;;/~-x,~ (Title) f}~.uE,L';'rd zr ",Ib~'2&lf fJad;u!/} of F,M. 1709 Shady Oaks. Ltd. ., a partnerhsip, known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the /~day of 61 ~,h--( 1994. e MARGARET PACE . * . Notary Public STATE OF TEXAS , II, Comm. Exp. OS/25/95 ~a:t44~J_r ~ Notary Public(l \:nnl My commission expires: ----) ,'" "'--' ::-::>-dS::--7....:> Accepted by the City of Southlake, this the ,5 , day O~A.D. 19# BY/?}::uJ ~ , I I ,v IlO'l'ltRy l.hTJr MA!~~G}TAT~ . "j1' ."R1fI? IN BLrn;" -.-' JJPJGrD~1'"oo V-l!.j .....'..1 ,{Ij RETURN DOCUMENTS TO: GRANTOR GRANTEE F .M. 1709 Shady Oaks, Ltd. c/o Stratford land Investments, Ine, City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 8100 Lorna Alto, Suite 208 Dallas, TX 75225 Page 2 of 2 1.1805 1252 EXHIBIT "A" 15' UTILITY EASEMENT BEING a tract ofland situated in the Littleberry G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas, and being a part of a tract of land conveyed to F.M. 1709 - Shady Oaks, Ltd., as recorded in Volume 11618, Page 1514, Deed Records of Tarrant County. Texas, and being more particularly described as follows: BEGINNING at a point for the Southwest corner of Woodland Hills RSU Addition to the City of Southlake as shown on plat recorded in Cabinet A, Slide 608, Plat Records, Tarrant County, Texas, said point being in the northerly right-of-way line ofF.M. 1709 (Southlake Boulevard) and being in a curve to the right having a central angle 01'01055'30" and a radius 01'5659.58 fL whose long chord bears S 87023'42" W, 190.14 ft; THENCE along said northerly right-of-way curve to the right, an arch distance of 190.15 ft; THENCE N 88057'44" W continuing along said northerly right-of-way line ofF.M. 1709, a distance of 60.97 ft. to a point for corner; THENCE N 01043'47" W a distance of 15.02 ft.; THENCE S 88057'44" E at 15 ft. north of and parallel to the said northerly right-of-way line of F .M. 1709, a distance of 61.34 ft. to a point at the beginning of a curve to the left having a central angle 01'01055'36", a radius 01'5644.58 ft., whose long chord bears N 87023'26" E, 189.81 ft.; THENCE along said curve to the left, and continuing 15' north of and parallel to said north right-of-way line of F.M. 1709, an arc distance of 189.82 ft. to a point in the west line of said Woodland Hills RSU Addition; THENCE S 01033'31" E along the west line of said Woodland Hills RSU Addition, a distance of 15.01 ft. to the POINT OF BEGINNING and containing 0.086 acres (3767 sq. ft.) ofland. more or less. \")lIth I ak\cascmcl1t\1 i llbrv.A L.l805 1253 0 (]I 0 ~ ~ 1>, 0 ~ 0 ~ hi -; 8 r -\ ~ IT'\ , -<. 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[;.1805 1254 RECEryED U t -.: ~ () 1994 , CITY SECRETARY, D194255871 CITY OF SOUTHLAKE 667 N CARROLL AVE C/O SANDRA LEGRAND 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 195048049 REGISTER DR91 RECD-BY T003957 PRINTED DATE TIME 11/30/94 09:33 1 INSTRUMENT FEECD D194255871 WD INDEXED TIME 941130 09:33 CG TOT A L DOCUMENTS: 01 FEE S: 15.00 B Y: 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. 1:\ 805 \255