A-481 (Fechtel)
13
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OffICIAL RECO~\L. \
CITY OF SOUTHLAKE .
20 - FOOT WIDE SANITARY SEWER EASEMENT
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THE STATE OF TEXAS 9
9
COUNTY OF TARRANT 9
That The Fechter Group, 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 _
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 0.118 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 subj ect 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
~
])20'lo~qttlq f:9' 1
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.
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IN WITNESS WHEREOF, this instrument is executed this >-~
December, 2003)10 Be EPfecnv fi" J(U'\IA.~j I) ~04
GRANTOR:
By
By:
By:
By:
By:
By:
C: \dlsyslsharedlgic \ 15941030918 sanitary sewer easement - [echtel. doc
SANITARY SEWER EASEMENT - PAGE 2
day of
THE FECHTEL GROUP,
a Texas general partnership
a,,~,. )Jlfzzla/
Alicia Marie Fechtel, general partner
cg:~
Charles seph general
partner
/L~~~
~s Milton F echtel, general
partner
~~7~
. Randolph Fechtel, gene al
partner
.c:......
~~ or:.'
. e Logan, general pa
i)2oa1Ol1qqlQ . ~ 2
STATE OF TEXAS
9
9
9
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Alicia
Marie Fechtel, general partner of The Fechtel Group, known to me to be the person
whose name is subscribed to the foregoing instrument [or proven to me on the oath of
or through
(description of identity card or other document)] and affirmed she executed the above and
foregoing for the purposes therein expressed and with full authority to so act.
c\_ .' GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 31) f day of _
'LX'_\. Q{nIJ~'- ..,2003.
~~~~~~y~~ TRACY D.DETHERAGE
tj~{:~ Notary Public, State of Texas
. ":.~~~ My Commission Expires
) "':t,m',,,,,,,, '04/16/2005
My commission expires:
STATE OF TEXAS
s
s
s
COUNTY OF T ARRA.NT
BEFORE ME, the undersigned authority, on this day personally appeared Charles
Joseph Fechtel, general partner of The Fechtel Group, known to me to be the person
whose name is subscribed to the foregoing instrument [or proven to me on the oath of
or through
(description of identity card or other document)] and affirmed he executed the above and
foregoing for the purposes therein expressed and with full authority to so act.
"7' )-t
,"\) _ GIYEN UNDER MY HAND AND,., SEAL OF OFFICE, this the J' day of_
lj;_~Q.,-y\ JL"-- ,200.).
$~~~~~g~~ TRACY D.DETHERAGE
'o~(:"
t~ ~~Notary Public, State of Texas
~~ VAf My Commission Expires
'I'~ ~
"'?',m'",,'" '04/16/2005
'<~-
My commission expires:
SANITARY SEWER EASEMENT - PAGE 3
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STATE OF TEXAS
s
s
s
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared James
Milton Fechtel, general partner of The Fechtel Group, known to me to be the person
whose name is subscribed to the foregoing instrument [or proven to me on the oath of
or through
(description of identity card or other document)] and affirmed he executed the above and
foregoing for the purposes therein expressed and with full authority to so act.
, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the K day of_
UCQ.n1 St!,- ,2003.
~~~~~~t1~ TRACY D.DETHERAGE
~1~~ Notary Public. State of Texas
;.~I~;!5~/ My Commission Expires
"'1-~,flf,\\\\i' '04/16/2005
My commission expires:
STATE OF TEXAS
s
s
s
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared John
Randolph Fechtel, general partner of The Fechtel Group, known to me to be the person
whose name is subscribed to the foregoing instrument [or proven to me on the oath of
or through
(description of identity card or other document)] and affirmed he executed the above and
foregoing for the purposes therein expressed and with full authority to so act.
>, GIV~~.UNDER MY HAND AND SEAL OF OFFICE, this the ~ day of_
~<... <J,\ ~)\'.~ ,2003.
,~
~~ThC' U. Ddiy,~
Notary~ic in and for the S te of Texas
J ,,-{,~~~I/ft1~, TRACY D. DETHERAGE
} {,:,O~~ Notary Public, State of Texas
i -:;;:,~~ My Commission Expires
: "~,m,,\\\" '04J16J2005
~
My commission expires:
SANITARY SEWER EASEMENT - PAGE 4
lj2bllotR 14 I9.A
STATE OF TEXAS 9
9
COUNTY OF TARRANT 9
BEFORE ME, the undersigned authority, on this day personally appeared
Marguerite Fechtel Tavera Fechtel, general partner of The Fechtel Group, known to me
to be the person whose name is subscribed to the foregoing instrument [or proven to me
on The oath of or through
(description of identity card or other document)]
and affirmed she executed the above and foregoing for the purposes therein expressed
and with full authority to so act.
\;t
'\. GIVE. N UNDER MY HAND Al'JD SEAL OF OFFICE, this the ~ I day of _
t ~,-c'nbR...'\.. ,2003.
,C)~~
~\\~~'JlIJ7~ TRACY D. DETI1l:HAGE
~-..:~.:~~
{f :A.; "'~Notary Public. Stlte Of.Texas
;~ .1"l/I.E My Commission Expires
~/r,~.()f~ U4/16/2005
t. ,..'
ate of I' ex as
My commission expires:
STATE OF TEXAS 9
9
COUNTY OF I' ARRANT 9
BEFORE ME, the undersigned authority, on this day personally appeared Mary
Louise Logan Fechtel, general partner of The Fechtel Group, known to me to be the
person whose name is subscribed to the foregoing instrument [or proven to me on the
oath of or through
(description of identity card or other document)]
and affirmed she executed the above and foregoing for the purposes therein expressed
and with full authority to so act.
'). GNEN UNDER MY HAND AND SEAL OF OFFICE, this the 1 \ ,t day of _
\ ()'- -,\ t ,n, 2003
'<.., \ 1,(. ,-r::::.... , .
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lic in and for the
~
ate of Texas
"
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~~~YPIJ~~ TRACY D.DETHERAGE
.:-o~...~
~~ ~ Notary Public, State of Texas
) ~ '/"! My Commission Expires
{ "/;,~C1f~
l ""'11""\ U4/16/2005
My commission expires:
SANIT ARY SEWER EASEMENT - PAGE 5
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument dated the 2/'tt day of Pe1orlAOft{ , 20r!:/, from The Fechel
Group to the City of South1ake, has been duly accepted subject to all terms and
conditions contained therein, and the City Council has consented to recordation of such
dedication instrument by its duly authorized officer.
Dated: ;) -- 3 --0 t..f
-=-A:-~
(J'I Mayor, City of South1ake
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ATTEST:
City Secretary
AFTER FILING, PLEASE RETURN TO:
City of South1ake
City Secretary
1400 Main Street, Suite 270
Southlake, Texas 76092
Phone: 817-481-1653
Fax: 817-481-1463
SA01ITARY SEWER EASEMENT - PAGE 6
"b2.rR 04't'tJ~ ' PA It.
~--~
EXHIBIT A
20' SANITARY SEWER EASElVIENT
BEING a 0.118 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 Fechtel Group, as recorded in Volume 9811, Page 1241, Deed Records, Tarrant
County, Texas. Said 0.118 acre tract of land being more particularly descri~ed by metes
and bounds as follows:
COMMENCING at a point for corner, said point being the northeast corner 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 in Volume 11445, Page 1627, Deed Records, Tarrant County, Texas, and the
north line of said Fechtel tract, 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 corner, said point being the POINT OF BEGINNING;
THENCE South 89053'32" East, continuing along said common line, for a distance of
21.646 feet to a point for corner;
THENCE South 22022'25" East, leaving said common line, for a distance of 9.53 feet to a
point for corner;
THENCE South 47027'31" East, for a distance of 224.93 feet to a point for comer,
THENCE South 78009'57" East, for a distance of 6.63 feet to a point for comer, said point
being in the west line of a tract of land conveyed by deed to PKB Enterprises, Ltq., as
recorded in Volume 14661, Page 0525, Deed Records, Tarrant County, Texas;
THENCE South 05009'21" West, following along said west line of PKB tract and the east
line of said Fechtel tract, being a common line, for a distance of 20.14 feet to a point for
comer;
THENCE North 78009'57" West, leaving said common line, for a distance of 14.46 feet to
a point for comer;
THENCE North 47027'31" West, for a distance of 234.87 feet to a point for comer;
THENCE North 22022'25" West, for a distance of 22.25 feet to the POINT OF
BEGINNING and CONTAINING 5,127 square feet or 0.118 acres of land, more or less.
t>1.ntfMtJqIQ ~.1
--.
POINT OF
COMrvlENCING
GREENWAY-CARROL~ ~
ROAD PARTNERS, L. P. "" .
VOL. 11445. PG. 1627 '"
O.R.T.C.T.
POINT OF BEGINNING
N 22022'25" W
22.25'
S 89053'32" E
21.64 '
S 89"53'32" E
596 . 82' ..
S 22022'25" E
9.53'
RICHARD EADS NO.481
ADDITION
LOT 1
CA8. A, SLIDE 585
P.R. I.C. T.
CITY OF SOU:J
S 47.27'31" E
224.93'
S 78009'57" E
6.63'
N .:17027'31" W
234.87'
FECHTEL GROUP
VOL. 9811. PG. 1241
O.R.T.C.T.
N 78.09'57" W
1.:1.46'
S 05009'21" W
20.14 '
~n~~ ~~ ~~~wmw
~'il"~C1i'~. ~~'il
PK8 ENTERPRISES, LTD.
VOL. 14661, PG. 0525
D.R.T.C.T.
EXHIBIT B
20' SANITARY SEWER EASEMENT
BEING A
5. 127 SQ. FT ., O. 118 ACRE TRACT
OF LAND
OUT OF THE
RICHARD EADS SURVEY
ABSTRACT NO. 481
CITY OF SOUTHLAKE, TEXAS
T ARRANT COUNTY, TEXAS
50
200
I
o
i
100
, \
SCALE: 1 "=100'
f@] Graham AssociatesJnc.
CONSUL TlNG ENGINEERS & PLAN\ERS
@ 600 SIX FLAGS DRIVE. SUITE 500
ARLINGTON, TEXAS 76011 (817) 640-8535
'R00ECT NO. 9998-1007
t>~_ltt ~9' ::
DATE: OCT. , 2002
EXHIBIT "C"
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:
The F echte1 Group
3540 Colgate Ave.
Dallas, TX 75225
Attn: Alicia Fechte1
TO GRANTEE:
City of South1ake
1400 Main Street, Suite 320
South1ake, Texas 76092
Attn: Director of Public Works
With copies to:
Hallett & Perrin P.e.
2001 Bryan Street, Suite 3900
Dallas, Texas 75201
Attn: Randall E. Roberts, Esq.
and to:
Cooper & Stebbins L.P.
1256 Main Street, Suite 240
South1ake, 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.
Grantor reserves the right to use the Easement Tract in common with Grantee,
SANITARY SEWER EASEMENT - EXHIBIT C-I
t:>2.11I~1'f 'p~.~
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 ofthe 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
\Yl.M~~\q p, 10
CITY OF SOUTH LAKE
CITY SECRETARY
1400 MAIN ST 270
SOUTH LAKE TX 76092
Submitter: RATTIKIN 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.
Filed For Registration: 02/17/2004 03:27 PM
L
0204049919
WD 11 PGS
$32.00
Document No.:
By:
111111111111111111111111111111111111111111111111111111111111
0204049919
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE '5 'NVAUD AND UNENFORCEABLE UNDER FEDERAL LAW.