Cross Timber Hills (Lot 13R, Block 4) - Permanent Utility Easement
PERMANENT UTILITY EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS
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COUNTY OF TARRANT
Date:
June 15,2000
Grantors:
Sterling G. Davis and Mollie C. Davis, husband and wife,
Grantee:
The City of Southlake, Tarrant County, Texas
Consideration:
The sum of Ten Dollars ($10.00) and for and in consideration of the mutual
covenants and agreements by and between the Grantors and Grantees contained in
Exhibit "C", which is attached hereto and incorporated herein by this reference for all
purposes as if set forth verbatim herein, and for other good and valuable consideration in
hand paid by Grantee to Grantors.
Prooertv:
(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR A
GRAPHIC DEPICTION)
(SEE EXHIBIT "B" A TT ACHED HERETO AND MADE APART HEREOF FOR A
METES AND BOUNDS DESCRIPTION TOGETHER WITH THE RIGHT OF
INGRESS AND EGRESS AS NECESSARY FOR SUCH PURPOSES)
Grantors hereby GRANT, SELL AND CONVEY to Grantee a permanent and
perpetual 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 in Exhibits "A" and "B" attached hereto as set
forth above, being a permanent utility easement and a temporary construction easement;
PERMANENT UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT - Page 1
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ACKNOWLEDGMENT OF STERLING G. DAVIS
STATE OF TEXAS )
)
)
COUNTY OF TARRANT)
BEFORE ME, the undersigned authority, on this day personally appeared
STERLING G. DAVIS, known to me to be the person whose signature appears
hereinafter and acknowledged to me that the instrument was executed for the purposes
and consideration therein expressed and the capacity therein stated.
SW2RN TO AND SUBSCRIBED TO before me, the undersigned notary public,
on this ;:(() <lay of June, 2000. - /1~. '1
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PERMANENT UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT - Page 3
ACKNOWLEDGMENT OF MOLLIE C. DAVIS
STATE OF TEXAS )
)
)
COUNTY OF TARRANT)
BEFORE ME, the Wldersigned authority, on this day personally appeared
MOLLIE C. DAVIS, known to me to be the person whose signature appears hereinafter
and acknowledged to me that the instrument was executed for the purposes and
consideration therein expressed and the capacity therein stated.
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MOLLIE c. DAVIS
SW~N TO AND SUBSCRIBED TO before me, the Wldersigned notary public,
on this.2 () aay of JWle, 2000. ~
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Not Pub!", State of Texas
.~~.~~.. OLMEDO G. AGUlLM
f(~):) MY COMMISSION EXPIRES
\~~~;ii~~~l Sept. 2, 2001
PERMANENT UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT - Page 4
ACKNOWLEDGMENT OF
CITY SECRETARY. CITY OF SOUTHLAKE. TEXAS
STATE OF TEXAS )
)
)
COUNTY OF TARRANT)
BEFORE ME, the undersigned authority, on this day personally appeared
fdJv ~ ' known to me to be the person whose signature
appears hereina~er an acknowledged to me that the instrument was executed for the
purposes and con~\~~p. therein expressed and the capacity therein stated
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SWO~/~'t,iiNtf'S'uBSCRIBED TO before me, the undersigned notary public,
on this J..() day of June, 2000.
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Notary Public, State of Texas
PERMANENT UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT - Page 5
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EXHIBIT IB'
15' Permanent Utility Easement
35' Temporary Construction Easement
Being a 0.066 acre tract of land in the A.A. Freeman Survey, Abstract No. 522, City of
Southlake, Tarrant County ~ Texas and being a strip of land, over, through, and across
Block 4, Lot, 13R of the Cross Timber Hills Addition in Volume 388-152, P.63,
(p.R.T.C.T.) and being more particularly described as follows:
It
COMMENCING at a W' iron rod found for a comer, said point being the southwest
prope~ corner for said Lot 13R, the northwest property corner for Block 4, Lot 15 of the
Cross Timber Hills Addition in Volume 388-152, P.63 (P,R.T.C.T.), also being in the
north property line of Block 4, Lot 19 of the Cross Timber Hills Addition in Volume 388-
165, P.57 (P.R.T.C.T.) and being the POINT OF BEGINNING;
THENCE
THENCE
THENCE
THENCE
THENCE
'THENCE
THENCE
N 150 30' W, a distance of 131.93 feet along the west-property line of said
Lot 13R to a point for a corner;
N 750 43' 21" E, a distance of 5.55 feet to a point for a corner;
N 240 22' 43" E, a distal1:ce of 27.81 feet to a point for a corner, said point
being in the northwest property line of said Lot 13R and in the southwest
property line of Blopk 4, Lot 58 of the Cross Timber HIlls Addition in
Volume 388-174, P.57 (P.R.T.c.r.);
N 360 34' 15" E, a distance of71.03 feet to a point for a comer;
S 240 22' 43" W, a diswnce of 100.43 feet to a point for a corner;
S 150 30' E, a distance of 121.36 feet to a point for a corner, said point
being the in south property line of said Lot 13R and in the north property
line of said Lot 15;
S 80040' 42" W,a distance of 15.08 feet to the POINT OF BEGINNING,
containing within these metes and bounds 0.066 acres or 2,894 square feet
of land, more or less.
0:\00 1-444\444.1111 J.doc
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EXHIBIT ftC"~
ADDENDUM TO AND ADDITIONAL COVENANTS AND AGREEMENTS
BETWEEN THE PARTIES RELATING TO THE ATTACHED TEMPORARY
AND PERMANENT CONSTRUCTION EASEMENT
For
1342 Woodbrook Court
Southlake, TX 76092
In addition to the easements granted herein, and for and in consideration of the
mutual promises and covenants of the Grantors and Grantee, the parties to this contract
and easement grant agree as follows:
1. No temporary construction or permanent utility easement is granted by the
Grantors other than that described in Exhibit "A" dated March 25, 1999, and
Exhibit "B", which are attached hereto. Further, there will be no easement granted
by the Grantors now or in the future along the property line which the Grantors
share with the Mr. & Mrs. Hanle, who own the property at 1339 Hidden Glen.
2. No connection fee is to be charged by Grantee to Grantors for Grantors' connection
to the Sanitary Sewer.
3. Grantee shall reimburse Grantors for costs of (a) repair or replacement or loss of
value for any damages to structures, landscaping, or na.tural vegetation during
construction or within two years after construction is completed, (b) Erosion
damage to landscaping, dirt filled areas, retaining walls, or structures which occurs
during construction or within two years after completion of construction, or (c) any
other damages not listed which are directly or indirectly a result of the construction
process if such a claim is made by the Grantors within two years after completion
of construction. It is further agreed by the parties that the Grantors must notify the
Grantee of any claim to such reimbursement and give Grantee the opportunity to
make such repairs or replacements. If Grantee does not complete such repairs or
replacements within 30 days after receiving such notice, Grantors have the right to
hire a private contractor of their choice to accomplish the repairs or replacement.
The Grantee agrees to pay bills for such repairs or replacements within 60 days of
being submitted by the Grantors.
4. The Grantee agrees that when construction is complete, the area will be completely
cleaned of all debris, all dirt shall be leveled, and grass or other ground cover shall
be planted so as to prevent erosion of the areas which have been disturbed.
5. Grantee agrees that construction supplies, machinery, temporary fencing, or any
other item shall not remain on the Grantors' property longer than six weeks from
EXHIBIT "C" - PERMANENT UTll..ITY EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
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the first day of entry onto the property for construction purposes (with reasonable
additional time due to weather or other factors beyond the control of the contractor
which would constitute force majeur). The Grantors agree to allow Grantee and
its agents reasonable access to the property at the end of the construction period for
the sole purpose of testing the entire sewer system. The testing period allowed will
not exceed two weeks. Further, the Grantee agrees that workers entering the
premises for either construction or testing will notify the Grantors at the beginning
of each day they are on the property by telephone or in person and no person or
vehicle will enter the property without such prior notifitation. Grantee also agrees
that it will condition its agreement with the contractors hired by Grantees to install
and construct the sewer and Grantee agrees it will enforce a contractual provision
that all workers will conduct themselves professionally at all times and will not
play radios or make other unnecessary noise, or throw debris, food, or trash of any
type of the property, and will not park their personal vehicles on or near the
property. Due to fire danger, no open fIres or smoking will be allowed on the
property. No passenger vehicles of any ~e (either Grantee or contractor-owned)
will be allowed on Grantor's property except when related directly to installing,
constructing, repairing, maintaining, altering, replacing, relocating, or operating the
sewer line under the utility easement granted herein in, into, upon, over, across and
under Grantors' property. Grantee agrees that motorized vehicles will be limited to
essential construction machinery or vehicles. The easement granted herein is not to
be construed as a "right of way" over Grantor's property. Grantee agrees that any
plywood placed on the property for construction machinery to drive on will be
removed if the same is not to be used for seven days.
6. Grantee agrees that all construction debris and dirt piles or trash will be removed
and that all leveling will be completed within four weeks after completion of
construction and testing of the entire project. All re-planting of vegetation or trees
will be completed by no later than the end of the next optimal planting season after
completion of construction or testing of the entire project.
7. Grantee agrees to plant 3-to-4 inch diameter trees to replace all trees (an equal
number of diameter inches) within the temporary or permanent construction
easement which are removed or which die within four years after the end of the
construction period. Exact location of the replacement trees is to be selected by the
Grantors. These trees are to be planted in the permanent and temporary easements
with the goal of eventual restoration of the property to its original condition. The
Grantee further agrees that if these replacement trees should die within five years
of planting, that they will be replaced at no charge to the home owner. Grantee
also agrees to remove at Grantee's sole cost and expense all trees larger than four
inches, which . die within the four-year period ending after construction is
completed. Alternatively, if the parties so agree the Grantors will arrange for
removal and bill the Grantee for the r~asonable cost of such removal.
EXHIBIT "C" - PERMANENT UTILITY EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
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8. Grantee agrees to construct temporary "safety" fencing (1) along the inside line of
all temporary or permanent easements on the Grantors' property; (2) along the
Grantors' property lines where the Sullivan easement touches the Grantors'
property line; (3) along the Grantors' property line where the Hanle easement
touches the Grantors' property line; and (4) along the Grantors' property line where
that line is touched by any other temporary or permanent easement granted by any
other adjoining property owner to the Grantee herein. The purpose of this fence is
for safety and to insure to Grantors that construction wbrkers and/or machinery do
not trespass on any part of the Grantors' property not subject to the easement.
9. Grantee agrees to contract with its selected contractor for this project that the
smallest construction machinery and vehicles available in the industry of sewer line
construction and installation, (i. e. backhoe vs. trenching machine and also e.g. 310
John Deere backhoe or Caterpillar 416C backhoe) are to be used for the part of the
construction on the Grantors' property. It is contemplated by the parties to this
agreement, and this agreement shall be interpreted in this manner by way of
example only, that if an eight foot wide digging machine can be used to dig an
eleven foot deep trench, rather than a thirteen foot wide machine, then the
contractor must be required by the Grantee in its contract with the contractor to do
so. Likewise, if a truck is being used to bring in rock to the construction site then
the smallest possible dump truck will be used and the Grantee must impose this
requirement on the contractor by agreement in writing. Grantee agrees to
indemnify and hold Grantors harmless for all damages resulting from any
violations of this covenant between the Grantee and its contractor and Grantors are
acknowledged to be third party beneficiaries to this agreement to be entered into
between Grantee and the contractor.
10. Grantee hereby agrees that the construction equipment and vehicles to be utilized
by the contractor in connection with the project on the Grantors' property will not
disturb or come near any existing building or structure on the property, including
the retaining wall and the dog run. To enforce this covenant and agreement, it is
agreed that Grantors have the option and right, but not the obligation, to construct
their own temporary fence twenty feet from the retaining wall to insure that the
Grantee and its contractor abide by this part of the agreement. Further, the Grantors
will take photos of the retaining wall and dog run and obtain estimates of
replacement cost should they be damaged by the contractor and its agents. Grantee
agrees that if damage occurs through erosion or for any other reason due to the
construction project on the Grantors' property, then the Grantee will reimburse the
Grantors for all cost of repair, up to the total amount of the replacement cost.
Grantors will obtain estimates for replacement of the chain-link dog run located
near the proposed manhole on the property. Grantee agrees to reimburse the
Grantors for costs to repair or replace ,n.e dog run if damaged during construction.
EXHIBIT "C" - PERMANENT UTILITY EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
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11. With respect to tree protection during constructio~ the parties agree that Grantee
and/or its selected contractor will erect construction fencing at the drip line of all
trees larger than 4 inches in diameter which are not going to be removed during
construction. All trees to be removed are to be marked in advance and identified to
the Grantors in advance and noted on the property map.
12. Grantee agrees to bore the entire sewer line on the "true west" side of the property,
identified by City Engineer Shawn Poe as Station.' 26+83 .12 (Line A) to 3
+32.71(Line B)
13. Grantors have discussed with the Grantee the possible future construction of a
chain link fence along the back of the property at 1342 Woodbrook Court. Grantee
hereby agrees that the Grantors will be allowed to construct such a fence across and
in the easements, subject only to the normal permit process required by the Grantee
City of Southlake, Texas. Grantors agree to grant reasonable access, as needed,
(with advance notification to property owner) to Grantee's workers for maintaining
and inspecting the sewer.
14. Grantee hereby agrees to arrange for an on-site meeting before construction starts
between the Grantors, the Grantors' attorney, contractor's on-site supervisor and
agent, and City Engineer Shawn Poe or other representatives of the Grantee. The
purpose of this meeting will be to inform the contractor about all provisions of this
Addendum to the easements granted herein and to discuss methods for
implementing, monitoring and enforcing it.
EXHIBIT "C" - PERMANENT UTWTY EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
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T
0200149438
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 0 EST 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 0 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
200286039
REGISTER
DR91
RECD-BY
CAP
PRINTED DATE TIME
07/10/2000 09:42
1
INSTRUMENT FEECD
0200149438 WD
INDEXED TIME
20000710 09:42
CG
TOT A L
DOCUMENTS: 01
FEE S:
29.00
B Y:
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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.