A-1045 (Decker-Chandler)
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CITY OF SOUTHLAKE PERMANENT EASEMENT
AND TWO TEMPORARY CONSTRUCTION EASEMENTS
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STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT I, Rhooda C. Decker-Chandler, hereinafter referred to as Grantor, for and in
consideration of Thirty.five thousand DOLLARS ($35,000) and other good.and v.a1uahle
consideration to GRANTOR in hand paid by the CITY OF SOUTBLAKE, a municipal
corporation situated in Tarrant and Denton Counties, hereinafter referred as GRANT:ER
with its principal office at 667 N. Carroll Avenue, Southlake, TX 76092, the receipt of
which by GRANTOR is hereby acknowledged, have ~anted and conveyed, and .do by
these presents grant and convey, unto the GRANTEE, its successors and assigns a
permanent water line easement and right-of-way twenty feet in width (described in Exhibit
A and depicted in Exhibit D, attached hereto and made a part hereof) to lay, construct,
inspect, operate, maintain, repair, replace, operate, and/or remove one subsurface 24"
Transmission water line together with all incidental equipment and appurtenances
(F ACILITIES), in, on, over, through, under and across that certain land situated in Denton
County, Texas, together with the right of reasonable ingress and egress across
GRANTOR'S land, but along and within said easement for the purposes of laying,
constructing, inspecting, operating, maintaining, repairing, replacing, changing, and/or
removing said FACILITIES, said work to be performed with a small-wheeled, rubber tire
backhoe or other suitable equipment to minimize damage, and two temporary construction
easements (described in Exhibits B and C and depicted in Exhibit D), to use in connection
with the construction of said initial FACILITIES, said temporary construction easements to
expire upon completion of construction and acceptance by GRANTEE of said initial
FACILITIES or on December 31, 2001, whichever occurs first. No FACILITIES may be
~ted above the surface of the ground and the top of the transmission line must be at least
et below the surface of the ground.
- iUt)
There is not included the right in the future to lay, construct, inspect, operate, change,
maintain, repair, replace, and/or remove any different or additional pipe (only one line of
pipe in this easement) not described in this easement instrument.
GRANTOR acknowledges that the consideration paid by GRANTEE is full and final
payment for the grant of the permanent easement described. on Exhibit "A" .and depicted on
Exhibit "D" and temporary easements described Exhibits "B" and "c" and depicted on
Exhibit "D" and ordinary and reasonable dam~es to the surface of the land resulting from
the initial installation of the Facilities but does not cover any other damages which may
result from GRANTEE'S activities hereunder. GRANTEE shall promptly pay GRANTOR
for all other damages to GRANTOR'S land or the improvements located thereon which are
caused by or result from GRANTEE'S operations thereon. GRANTOR, GRANTOR'S
heirs executors administrators successors and assigns, may fully use and enjoy said
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premises encumbered by said permanent easement described on Exhibit "A" and depicted
on Exhibit '<.0" and temporary easements described on Exhibits "B" and "c" and depicted
on Exhibit "D", except that such use and enjoyment shall not hinder, conflict or interfere
with the exercise of GRANTEE'S rights hereunder and no temporary or permanent
building, structure or reservoir shall erected, placed or constructed upon, under or across
the permanent easement described on Exhibit "A" and depicted on Exhibit '<.0" herein
granted without GRANTEE'S written consent; provided further, GRANTOR,
GRANTOR'S heirs, executors, administrators, successors and assigns, may construct,
dedicate and maintain across said permanent easement and right-of-way such roads, alleys,
utility lines and fences as will not interfere with the use by GRANTEE of said permanent
easement for the purposes of aforesaid.
It is further agreed that the GRANTEE may remove from the permanent easement
described on Exhibit "A" and depicted on Exhibit '<.0" any fences, buildings, structures or
other obstructions which interfere with the exercise of GRANTEE'S rights herein which
are constructed without GRANTEE'S consent and GRANTEE may trim shrubbery in
connection with the construction, inspection, .operation, maintenance, repair, replacement,
change, and/or removal of said FACILITIES if necessary.
GRANTEE shall clean up and remove all trash and debris, repair and replace fences, roads,
alleys, utility lines and repair other damages caused by or resulting from said construction,
inspection, operation, maintenance, repair, and replacement of the utility 1ineand shall
restore the surface to as near its original condition as reasonably possible. Any sinking of
the ditch or excavating due to rainfall or earth movement during the term of thisea~ment
shall be filled by GRANTEE and tamped solid. GRANTEE will not remove excess dirt
from the permanent easement if it is possible and feasible. GRANTOR will be contacted by
City of Southlake Engineer and approval obtained from GRANTOR before any placement
of dirt on GRANTOR'S remaining land not described by this easement instrument. In
digging the ditch for the transmission water line and in other operations on said easements
GRANTEE agrees to employ the "double ditching" method in order to preserve any topsoil
excavated during the ditching or excavation operation. In this connection, GRANTEE
agrees to refill the ditch first with the subsoil and then with the topsoil removed therefrom.
GRANTEE hereby agrees to indemnifY, defend and hold harmless GRANTOR from and
against any and all loss, damage, liability, cost and expense arising out of.or related to in
whole or in part (a) any activities conducted by GRANTEE or GRANTEE'S successors
and assigns within the area snbject to the .pern1anent and temporary easements~ (b) the
construction, maintenance, use, repair, or operation of the FACILITIES or ( c) and
entrance upon adjacent property owned by GRANTOR or GRANTEE, its employ-ees,
agents, licensees or contractors, except for those losses, damages, liabilities, costs and
expenses caused by sole n~gligence or willful miscondlJct of GRANTOR. This i...dpmnity
shall apply regardless of whether such loss, damage, liability, cost or expense was
caused in part by GRANTOR of the concUlTaU DcgJlgence 4f GRANTOR.
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In the event that any legal proceeding is brought to enforce any provision of this easement
instrument by GRANTOR or GRANTEE, the same shall be brought in Denton County,
Texas.
GRANTEE acknowledges that GRANTOR claims ownership of the property to the
centerline of Precinct Line Road. GRANTOR and GRANTEE will honor the terms of the
permanent easement and temporary easements to include this property. GRANTOR is not
responsible for conflicts or damages to pre-existing easements.
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~concurrent negligence of-GRAmOR.
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event that any legal proceeding is brought to enforce any provisiQ!Lof th~asement
instrument JP_R or GRANTEE., the same shall be broughttrrDenton County, A) ~
Texas. . ~.. ~ &,...",,,+ee ~.(!,.A. ()(J
GRANTEE acknowledges th91 GRANTOR c1a~wnershiP of the property to the
centerline 91,Precingt 1:irreRoad, GRANTOR will honor the terms of the permanent
~(~d.temporary easements to include this property,GRAN!2R is not
~ for conflicts or damages to pre-existing easements,.",
The Temporary Construction Easements shall expire upon completion of construction and
acceptance of FACILITIES by the City of Southlake or on December 31,2001, whichever
occurs first GRANTEE shall notify GRANTOR in writing of the expiration date before any
responsibilities of the GRANTEE shall end pertaining to such Temporary Construction
Easements, at which time GRANTOR may fence the property covered by the Temporary
Construction Easements. GRANTEE shall notify GRANTOR in writing prior to construction
of FACILITIES beginning,
The permanent easement rights and privileges herein granted shall be perpetual, and shall
constitute covenants running with the land and shall be binding upon and inure to the
benefit of GRANTOR and GRANTEE, respectively, and their respective heirs, executors,
administrators, successors and assigns and said grant is expressly excepted from any
right of reversion of said premises under any prior deeds in GRANTOR'S chain of title,
GRANTEE'S rights and obligations hereunder may be assigned in whole or in part to one
or more assignees,
The temporary construction easements granted herein shall include the right to excavate
and fill within the temporary construction easements, but GRANTEE shall replace any
fences, buildings or other structures within the temporary construction easements without
cost to GRANTOR, and shall restore the property which is subject to the temporary
easements as closely as possible to its condition prior to entry thereon and shall pay for
any additional damages resulting from such activities. GRANTEE may trim and bore under
trees and shrubbery in connection with the construction, operation, repair, inspection,
change, replacement, maintenance and removal of the FACILITIES, if necessary, The
GRANTEE shall bore the tree as shown on Exhibit "E." However, within the permanent
easement described in Exhibit "A" and depicted in Exhibit "0" and temporary construction
easements described in Exhibits "8" and "C" and depicted in Exhibit "0," GRANTEE shall
make a good faith effort to avoid damage to or removal of any tree that measures eight
inches or greater in diameter (said diameter being measured at 4.5 feet above the average
surface of the land around the tree), and shall notify GRANTOR before removing any such
tree. All measurements in diameter will be made by use of a caliper, an instrument used
to measure diameter and thickness. Any tree may be removed by the GRANTEE if the tree
creates a definite safety hazard and/or precludes pipeline trench excavation.
.
'vI:IWD. FILES\CIP\W A TERICHANDLER EASEMENTI.DOC
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With respect to any live tree growing within the areas described in Exhibits "A" through "D"
that is removed or damaged by GRANTEE to the extent it dies within one (1) year after
final acceptance of the IMPROVEMENTS by the City of South lake, GRANTEE shall
replace each such removed or killed tree with a tree of equal diameter (said diameter
being measured by using a caliper at one (1) foot above the root ball), provided that no
such replacement tree shall exceed nine and one half (9 1/2) inches in diameter. In the
event that any such removed or killed tree exceeds nine and one half (9 1/2) inches in
diameter, GRANTEE shall replace such tree with four trees that measure not less than 5
inches in diameter each but do not exceed 6 inches in diameter each. GRANTEE shall
retain a qualified private landscaping tree nursery company to perform the tree
replacement, and each replacement tree shall have at least a one-year warranty. After the
tree warranties have expired, GRANTOR shall be totally responsible for the care and
maintenance of the trees. Replacement trees shall be white or red oaks and planted within
the area of removal in planting locations specified by GRANTOR.
GRANTEE shall cut back to the nearest main limb or trunk, whichever is appropriate, all
tree limbs that are cut, damaged, broken or frayed as a result of GRANTEE'S construction
activities. Such limbs shall be removed with a clean cut, leaving no stub. All cut surfaces
(including any tree trunks and/or limbs that are "scraped" by construction equipment) shall
be painted by GRANTEE with black pruning paint within 30 days after CONTRACTOR'S
backfilling of the pipeline trench within GRANTOR'S property.
All trees, limbs and shrubbery that are cut in accordance with the hereinbefore described
stipulations shall be totally removed from GRANTOR'S property by the GRANTEE in
accordance with all federal, state, county and city ordinances, regulations and laws.
GRANTEE shall place protective construction fencing along a portion of the southern line
of the Permanent Easement as depicted in Exhibit "E." The GRANTEE shall construct a
gate along the east property line as shown on Exhibit "E" for access to maintain
FACILITIES in the future.
At all times the 24" Transmission water line shall be used, operated and conducted in
compliance with all applicable laws, statutes, rules and regulations of any governmental
authority having jurisdiction and all environmental laws, statutes, rules and regulations of
any federal, state or local authority at any time applicable to the permanent easement.
Specifically, and without limiting the forgoing, GRANTEE agrees that (1) no toxic
hazardous substances shall be generated, treated, stored, disposed of or otherwise
deposited or released in or on the permanent easement or temporary easements
described in Exhibits "[:\' through "0," (2) GRANTEE will not engage in any activity with
respect to the permanent easement and temporary easements described in Exhibits "A"
through "D," which would cause (a) the permanent easement or adjoining property of
GRANTOR to become a hazardous waste treatment, storage or disposal facility within the
meaning of the Resources Conservation and Recovery Act of 1986 (RCRA), as now or
Y1:\WD-FILES\CIP\W A TER\CHANDLER EASEMENTI.DOC
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hereafter amended, or any similar state law, local ordinance or other environmental law,
(b) a release or a threatened release of a hazardous substance from or to the permanent
easement or temporary easements described in Exhibits "A" through "0," or adjoining
property or GRANTOR within the meaning of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA), as now or hereafter
amended or any similar state law or local ordinance or any other environmental law, or (c)
the discharge of pollutants or effluents into any water source or system or the discharge
into the air of any emissions without a permit under the Federal Water Pollution Control
Act or the Clean Air Act or any similar state or local ordinance or other environmental law;
(3) GRANTEE shall not permit any substance or conditions in or on the permanent
easement or temporary easements described in Exhibits "A" through "0," or the adjoining
property of GRANTOR which might support a claim or cause of action under RCRA,
CERCLA, or other federal, state or local environmental statutes, regulations, ordinances
or other environmental regulatory requirements. As used in this provision, the terms
"hazardous substance" and "release" shall have the meaning specified in RCRA; provided
that in the event either CERCLA or RCRA is amended so as to broaden the meaning of
any terms defined hereby, such amendments shall apply to GRANTEE'S covenants
contained herein, and provided further to the extent that the laws of the State of Texas
established a meaning for such terms which are broader than that specified in either
CERCLA or RCRA, the broader meaning or definitions shall apply. Furthermore, as used
in this provision, the term, "Remedial Work" is defined as any site investigation or
monitoring, any cleanup, containment, remedial, removal, or restoration work performed
in response to any federal, state or local governmental authority or private or general
action, or pursuant to any federal, state or local statute, rule, regulation or other laws.
GRANTEE agrees (1) to remove from the premises covered by this agreement, if, as, and
when required by law, any Hazardous Substances (Materials) placed or released thereon
by GRANTEE, (2) to perform Remedial Work where the need therefore is caused by and
results from GRANTEE'S operations or activities on the premises, and (3) to comply in all
respects with all federal, state and local governmental laws and regulations governing
operations by GRANTEE and Remedial Work on or associated with the premises. Such
Remedial Work shall be performed by one or more contractors selected by GRANTEE and
approved in advance by GRANTOR, and under the supervision of a consulting engineer
selected by GRANTEE and approved in advance by GRANTOR All costs and expenses
of Remedial Work caused by and resulting from GRANTEE'S operations shall be paid by
GRANTEE, including, without limitation, the charges of such contractors and/or the
consulting engineer, and GRANTOR'S reasonable attorney's fees and costs incurred in
connection with the monitoring or review of Remedial Work.
TO HAVE AND TO HOLD the above-described permanent easement and temporary
easements described in Exhibits "N through "0" and right-of-way, and rights appurtenant
thereto unto GRANTOR, its successors and assigns, until said FACILITIES are declared
permanently abandoned by GRANTEE, in which event said permanent easement and
rights appurtenant thereto shall cease and terminate and revert to GRANTOR and
GRANTOR'S heirs, executors, administrators, successors and assigns.
M:\WD-FILES\CIP\W A TER\CHANDLER EASEMENTI.DOC
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GRANTOR hereby binds GRANTOR, GRANTOR'S heirs, executors, administrators,
successors and assigns to WARRANT and FOREVER DEFEND said easements and
rights appurtenant thereto unto GRANTEE, its successors and assigns, against claims by,
through or under GRANTOR but not otherwise.
It is expressly understood that all rights, conveyances or covenants are herein written, and
no verbal agreements of any kind shall be binding or recognized or in any way modify this
instrument of conveyance. j ?J day of '-vJ" & ,/
EXECUTED this V1 / I ltIJ-t- ' 2000.
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W,~d(J. (~, fV,g ~ - ~~
Rhonda C. Decker-Chandler
THE STATE OF TEXAS ~
~
COUNTY OF DALLAS ~
BEFORE ME, the undersigned authority, a Notary Public in and for the above
County and State, on this day personally appeared Rhonda C. Decker-Chandler, known
to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~ day of '>>u-<t
,2000.
SANDRli,:'::~;;;1
Notary PUblic R
STATE OF TEM:: ~
MI' COI1'll\1 htJ C2IC.i2Ci01 ~;
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~1~/j'\ 11 ~L~tJJ
Notary Public in and for the State of Texas
M:\W])-FILES\CIP\W A TER\CHANDLER EASEMENTI.DOC
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7
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EXHIBIT "A"
U:GAL DBSCRInIOJi
PBRKAN~.T WATER LIRE EASBMB"T
BEING a 20 foot wide strip of land located in the W. PEA SUR~Y, Abstract
No. 1045, Denton County, Texas, and crossing the tract of land conveyed
to Rhonda C. Decker-Cha~1~r, by the deed recorded in Volume 1139, page
580 of the Deed Records of Denton Co~nty, Texaa. Said 20 foot wide strip
of land being more particularly described by metes and bounds, 86
follows:
B~GINNING at a point in the East right-of-way line of Precinct Line Road,
and located at a point lying S 02" 34' 03" W 31.28 feet, from the
intersection of the East right-of-way line of said Precinct Line
Road with the Southwest right-of-way line of State Highway No. 114;
THENCE
S 89" 01' 43" E
41.72 feet, to a point;
THENCE S 66" 54' 07" E 222.00 feet, to a point in the East boundary
line of said Decker-Chandler Tract;
THENCE S 000 31-' 14" E 21.83 feet, along the East boundary line of
said Decker-Chandler Tr8ct to a point;
THENCE
N 660 54' 07" W
226.84 feet, to a point;
THENCE N 890 01' 43" W 38.37 feet, to a point in the East right-
of-way line of aforesaid Precinct Line Road;
THENCE N 020 34' 03" E, 20.01 feet, along the East right-ai-way
line of said Precinct Line Road to THE PLACE OF BEGINNING,
containing 5,289 square feet of land.
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PAGE 65
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EXHIBIT B
LEGAL DE8CRIPrION
TEMPORARY CONSTRUCTION EASEMERT
IfUMBER OIlE
BEING 0.148 acres of land located in the W. PEA SURVEY, Abstract No.
1045, Denton County, ~.. and crossing t.he t.ract of land conveyed to
Rhonda C. Decker-Chandler, by the deed recorded in volume 1139, Page 580
of the Deed Records of Denton County, Texas. Said 0.148 acres being more
particularly described by metes and bounds, as follows:
BEGINNING at a point at the intersection of the East right-of-way line of
Precinct Line Road, with the Southwest right-of-way line of State
Highway No. 114;
THENCE S 71" 03' 54" E 258.17 feet, along the Northeast boundary
line of said Decker-Chandler Tract, and the Southwest right-of-way
line of said State Highway No. 114 to a point in the East boundary
line of said Decker-Chandler Tract;
THENCE S 000 31' 14" E 35.27 feet, along the East boundary line of
said Decker-Chandler Tract to a point;
THENCE
N 66" 54' 07" W
222.00 feet, to a point;
THENCE N 89" 01' 43" W 41.72 feet, to a point in the East right-
of-way line of said Precinct Line Road;
THENCE N 020 34' 03" E 31. 28 feet, along the East right-of-way
line of said Precinct Line Road to THE PLACE OF BEGINNING,
containing 0.148 acres (6,452 square feet) of land.
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PAGE 05
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EXHIBIT C
LSGAL DESCRIP~ION
~SMPORARt CO.S~RUC~XON EASBMSM~
NUMBBR TtfO
BEING 0.225 acres of land located in the W. PEA SURVEY, Abstract No.
1045, penton County, Texas, and crossing the tract of land conveyed to
Rhonda C.- ueclfer-ChBndler, 'by the deed recorded in Volume 1139, Page S80
of the Deed Records of Denton County, Texas. Said 0.225 acres being more
particularly described by metes and bounds, as follows:
BEGINNING at a point in the East right-Of-way line of Precinct Line Road
and lying S 020 34' 03" W 51.29 feet, from the intersection of the
Southwest right-of-way line of State Highway No. 114;
THENCE
S 890 01' 43" E
38.37 feet, to a point;
THENCE S 660 54' 07" E 226.84 feet, to a point in the East boundary
line of said Decker-Chandler Tract;
THENCE B 000 31' 14" E 33,04 feet, along the East boundary line of
said Decker-Chandler Tract to a point;
THENCE N 700 04' 13" W 264.62 feet, to a point in the East right-
of-way line of aforesaid Precinct Line Road;
THENCE N 020 34' 03" E 32.51 feet, along the East right-of-way
line of said Precinct Line Road to THE PLACE OF BEGINNING,
containing 0.225 acres (9,812 square feet) of land.
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02/08/2000 08:24
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PAGE 07
EXHIBIT 0
~lUTI'AIN Ie CRAWFORD
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EASEMENT AREA
PERMANENT EASEMENT ~ 5,289 SQ. FT.
TEMP. EASEMENT No.1 = 6,452 SQ. FT.
TEMP. EASEMENT No.2 = 9,812 SQ. FT.
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CERTIFICA TE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument dated from to the City of Southlake,
County of Tarrant, State of Texas, has been duly accepted subject to all terms and conditions
contained therein by resolution of the City Council adopted the day of
, 19_, and the City Council has consented to recordation of such
dedication instrument by its duly authorized officer.
DATED: ~J,), looD
~~
ATTEST:
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CITY SECRETARY
AFTER FILING, PLEASE RETURN TO:
GRANTORS
GRANTEE
City of Southlake
c/o: Sandy LeGrand
City Secretary
667 N. Carroll Ave.
Southlake, TX 76092
M....__.__.._.._..__'_.~...___----.______.,..,_,~._..~~_'"'"
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Filed for Record in:
DENTON COUNTY TX
CYNTHIA MITCHELL, COUNTY
CLERK
On Aug 31 2000
At 4:44pm
Doc/Num : 00-R0084775
Doc/Type : EAS
Recording: 29.00
Doc/Mgmt : 6.00
Receipt ~: 35755
Deputy - Christy
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D200149435
CITY OF SOUTHLAKE
667 N CARROLL AVE
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 0 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
200286036
REGISTER
DR91
RECD-BY
CAP
PRINTED DATE TIME
07/10/2000 09:42
1
INSTRUMENT FEECD
D200149435 WD
INDEXED TIME
20000710 09:42
CG
TOT A L
DOCUMENTS: 01
FEE S:
33.00
~-
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.
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