A-481 (PKB)
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OFFICIAL RECORD
CITY OF SOUTHLAKE
20 - FOOT WIDE SANITARY SEWER EASEMENT
THE ST ATE OF TEXAS S
S
COUNTY OF TARRANT S
L
That PKB Enterprises, Ltd., GRANTOR herein, for and in consideration of the
sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by
the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant,
State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby
acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE
a permanent and perpetual easement (the "Easement") for the purpose of installing,
repairing, maintaining, altering, replacing, relocating (within the easement area described
herein), rebuilding, removing, and operating a sanitary sewer line not exceeding twelve
(12) inches in diameter (the "Sewer Line") in, into, upon, over, across, under and through
all that land in Tarrant County, Texas described as follows, to-wit:
A twenty (20) foot wide Sanitary Sewer Easement containing
approximately 0.522 acres, as more particularly described in Exhibit "A"
and shown on Exhibit "B" attached hereto and incorporated herein (the
"Easement Tract").
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 any easements
granted herein any temporary or permanent structures, and it is further agreed that
GRANTEE shall have the right to excavate and fill upon said permanent easement and to
remove from said permanent easement, buildings or other obstructions as may now be
found upon said permanent easement. Grantee will relocate any fences lying across the
easement property that it removes. Grantor shall have the additional rights, and this
easement shall be subject to, the additional terms and reservations set forth on Exhibit C
attached hereto.
It is further intended that the Permanent Sanitary Sewer Easement herein granted
to the GRANTEE shall run with the land and forever be a right in and to the land
belonging to GRANTOR, and GRANTOR'S 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. The Permanent Sanitary Sewer Easement, rights and
privileges granted therein are exclusive, except as set forth on Exhibit C, and except as
SANITARY SEWER EASEMENT - PAGE 1
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set forth on Exhibit C, GRANTOR covenants that it will not convey any other easement
or conflicting rights within the area covered by the grant to any other person.
IN WITNESS WHEREOF, this instrument is executed this 30
September, 20031 to b~ e/ff:-.ctillt JOJ\IAa.f~ I, 2004
day of
GRANTOR:
PKB Enterprises, Ltd.
By: CJGP, LLC, its General Partner
~fl.f~
Carol G. Peterka, Managing Member
ACKNOWLEDGEMENT
BEFORE ME, the undersigned authority, on this day personally appeared Carol
G. Peterka, known to me to be the person whose name is subscribed to the foregoing An
instrument [ot: pLO..~ll to In~ on the oath ef Br~.VT
throligh (deSerll'tlati ef ideBtrty card or other
dOCtmKnt)] and affirmed she executed the above and foregoing for the purposes therein
expressed and with full authority to so act.
,_ GIVEN UNDER MY HAND AND, ~EAL OF OFFICE, this the ~day of _
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SANITARY SBWER EASEMENT - PAGB 2
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CERTWICATEOFACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument dated the f day of _r=P.1(,tLat^Y , 200~ from PKB
Enterprises, Ltd. to the City of Southlake, has been duly accepted subject to all tenus and
conditions contained therein, and the City Council has consented to recordation of such
dedication instrument by its duly authorized officer.
Dated:d- - 6"'- 0 ~
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Mayor, City of Southlake
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ATTEST:
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City Secretary
AFTER FILING, PLEASE RETURN TO:
City of Southlake
City Secretary
1400 Main Stree~ Suite 270
Southlake, Texas 76092
Phone: 817-481-1653
Fax: 817-481-1463
SANIT MY SEWER EASBMENT - P AG~ 3
bWloqQQI8 1t8
. EXHIBIT A
20' SANITARY SEWER EASEMENT
BEING a 0.522 aCre tract of land, out of the Richard Eads Survey, Abstract No. 481,
Tarrant County, Texas, City of Southlake, and being a portion of a tract of land conveyed
by deed to PKB Enterprises, Ltd., as recorded in Volume 14661, Page 0525, Deed
Records, Tarrant County, Texas. Said 0.522 acre tJ:act of land being more particularly
described by metes and bounds as follows:
CO~NCING at a point for comer, ~d point being the northeast comer of a tract of
land. conveyed by deed to the City of Southlake, Richard Eads No. 481 Addition,. as
recorded in Cabinet A, Slide 585. Plat Records, Tarrant County. Texas, and being in the
south line of a tract of land conveyed by deed to Greenway-Carroll Road Partners, L.P., as
recorded ip Volume 11445. Page 1627, Deed Records, Tarrant County, Te,xas, and the
north line of a tract of land conveyed by deed to Feehtel Group, as recorded in Volume
9811, Page 1241, Deed Recprds. Tarrant County, Texas, being a common line;
THENCE South 89053'32'" East, following along said common line, for a distance of
596.82 feet to a point for comer,
'THENCE South 22<>22'25# Eas4 leaving said co~on line, for a diStance of 22.25 feet to
a point for comer;
THENCE South 47027'31" East, for a distance of 234.87 feet to a point for comer;
THENCE South 78009'57'" East, for a distance of 14.46 feet to a point for comer, said
point being in the east line of said Fechtel tract and the west line of said PKB tract, being a
common line. and being the POINT OF BEGINNING;
THENCE North 05009'21" East, following along said common line, for a distance of
20.14 feet to a point for comer;
THENCE South 78009'57" East, leaving said common line, for a distance of 34.39 feet to
a point for comer;
THENCE South 47038'45" East, for a distance of 186.57 feet to a point for comer;
THENCE South 48005'02" East, for a distance of 419.78 feet to a point for corner, s3id
point being the point of curvature of a curve to the left, having a delta of 04013'56", a
radius of 5323.92 feet and a chord bearing and distance of South 50c12'QO" East, 393.17
feet: .
THENCE southeasterly, along the arc of said curve to the left, for a distance of 393.26
feet to a point for comer;
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THENCE South 34024'16" East, for a distance of 59.90 feet to a point for corner;
THENC~ South 54036'15" East. for a distance of 47.27 feet to a point for comer,
THENCE South 35OZ3' 45" West, for a distance of 20.00 feet to a point Jar corner;
THENCE North 54036'15" West. for a distance of 50.83 feet to a point for comer;
THENCE North 34~'16'" West, for a distance of 60.31 feet to a point for comer, said
point being the point of beginning of a non-tangent curve to the right, having a delta of
04011'54", a radius of 5343.92 feet and a chord bearing and distance of North 50010"59'"
West. 391.49 feet;
THENCE northwesterly, along the arc of said non-tangent curve to the right, for a
distance of 391.58 feet to a point for corner;
1;1JENCE North 48005'02" West, for a distance of 419.85 feet to a point for comer;
THENCE.North 47038'45" West, for a distance of 181.19 feet to a point for comer;
THENCE North 78009'57" West:, for a distance of 26.59 feet to the POINT OF
BEGINNING and ,CONTAINING 22,715 square feet or 0.522 acres of land, more or less.
t)2.O'I6qqql~ It 6 .
EXHIBIT "B"
ATTACHED-
SANIT ARY SEWER EASEMENT - EXHIBIT B
1)20tl0tl'l'tli p~ (p
POINT OF
COMMENCING (GRe:eNWAV-CARAoLL ROAD PARTNERS, L.P.. VOL U4.45. PG.1627. O.R. r.c. T.I
~ N 05.09'21~ E
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POINT OF
BEGINNING
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419.78'
N 78.0S'57" W
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R=5323.92'
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L=393.2E'i'
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N .48-05'02" W
419.85'
S 5.4.36' 15" E
47.27'
FEcHTEL GROUP
VOL. 9811. PG. 1241
D.~.T.C:.T.
iii D CMARD lEAlDS MmYmY
AN'i'MCf MO. 48"i1
EXHIBIT B
20' SANITARY SEWER EASEMENT
BEING A
22,715 SQ.FT., 0.522 ACRE TRACT
OF LAND
OUT OF THE
RICHARD EADS SURVEY
ABSTRACT NO. 481
CITY OF SOUTHLAKE. TEXAS
TARRANT COUNTY. TEXAS
N 3.4"2.4'j6" W
60.31'
N 54.36'15" W
50.83'
S 35"23'45" W
20.00'
o 100 200
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SCALE: 1 II =200 .
400
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~~] Graham " Associates.lnc.
am.L TN; aaGf5 & Pl..Af\N31S
~ 600 SIX FL~GS 001VE. SUITE 500
ARLINGTON, TEX~S 76011 (B17) 640-8535
PROJECT NO. 9998-1007
DATE: OCT., 2002
......... ...- .....- -_........~ ,............... ,-... -.
EXHIBIT "e"
Additional Terms and Conditions
1. All notices given or required under this Easement shall be given in writing and
shall be given either by hand delivery or by depositing such notice in the United
States first class mail, postage prepaid, by certified or registered mail, return
receipt requested, addressed to the party to be notified at the following address, or
such other address as any such party shall from time to time designate in writing:
TO GRANTOR:
TO GRANTEE:
PKB Enterprises, Ltd.
c/o Carol J. Peterka
P.O. Box 514
Portsmouth, NH 03802-0514
City of Southlake
1400 Main Street, Suite 320
Southlake, Texas 76092
Attn: Director of Public Works
With copies to:
McGuire, Craddock & Strother, P.C.
3550 Lincoln Plaza
500 N. Akard
Dallas, TX 75225
Attn: Michael N. Maberry
and to:
Cooper & Stebbins L.P.
1256 Main Street, Suite 240
Southlake, Texas 75092
Attn: Frank Bliss
2. Grantee will utilize the Easement Tract only for the Sewer Line and any manholes
and appurtenances to the Sewer Line (including underground communications
lines for monitoring and controlling flow and valves) (collectively, the "Sewer
Improvements"). Except as provided in Paragraph 3 and except for the Sewer
Improvements, no structures, improvements or impediments shall be constructed
on, under or across any portion of the Easement Tract.
3. Grantor, its successors and assigns, reserve, retain, and shall have the right to
fully use and enjoy the said premises covered by the Easement Tract, including
the right to layout and construct and maintain streets, alleys, landscaping, parking
lots, fences, walls and utilities across said Easement Tract, provided that such
improvements do not endanger or interfere with the normal operation of the
Sewer Line and provided that Grantor provides Grantee with plans for said
construction of said improvements prior to construction or installation thereof.
SANIT AR Y SEWER EASEMENT - EXHIBIT C-l
f)2lJl0lm1~ PG 6
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Grantor reserves the right to use the Easement Tract in common with Grantee,
provided that such use(s) do not endanger or interfere with the normal operation
of the Sewer Line and provided Grantor maintains minimum clearances over said
Sewer Line as required by prudent and customary engineering practices,
standards, and applicable codes. Grantor may not erect buildings on or over any
portion of the Easement Tract.
4. In addition to the consideration recited above for the grant of this easement,
Grantee covenants to maintain the Sewer Line in good repair at all times and to
restore the Easement Tract and adjacent property to a condition as good or better
as exists on the date prior to any repair or other work, including but not limited to
fences, driveways, drainage channels, terraces, and other improvements damaged
by the use of the Easement or the Easement Tract.
5. This conveyance is expressly subject to all existing rights-of-way and other
matters of record or visible upon inspection of the Easement Tract.
6. The easements, covenants, and restrictions set forth in this Agreement shall run
with the land and shall be binding on Grantor and Grantee, their successors and
aSSIgns.
7. Nothing contained in this agreement is intended to nor shall it be construed as
dedicating any easements or rights to any other party or entity except as expressly
set forth herein.
SANITARY SEWER EASEMENT -EXHIBIT C-2
b2Oll04QQI' P9 q
CITY OF SOUTH LAKE
CITY SECRETARY
1400 MAIN ST 270
SOUTH LAKE TX 76092
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Submitter: RA TTIKIN TITLE CO
.~_._._-_.__.,_.---_._-----
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Document No.:
02/17/200403:27 PM
0204049918
WD 10 PGS
$30.00
Filed For Registration:
L
By:
1111\\1111\1\11111111111111111111111111111\111111111111\111\
0204049918
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE '8 'NVAUD AND UNENFORCEABLE UNDER FEDERAL LAW.
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