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Jellico Estates (Lot 28) - Permanent Utility Easement ''\ ." . :\.. IS~ OFFICIAL RECORD CITY OF SOUTHLAKE PERMANENT SUBSURFACE UTILITY EASEMENT STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT } That we, Richard F. Johnston and Alleane N. Johnston (Grantor) for and in consideration of the City of Southlake relinquishing applicable sewer impact fee for one single family residential connection, and sewer connection charges for one single family residential service, and other good and valuable consideration in hand paid by Grantee herein, the receipt. of which is hereby acknowledged and confessed, and the satisfaction of the 5 conditions set out hereafter, have granted, ~old and conveyed, and by these presents do grant, sell and convey to the ci ty of Southlake, (Grantee) herein, of Tarrant County, Texas, a permanent fifteen foot (15') subsurface utility easement and temporary 35 foot construction easement in, into, upon, across and under that land in Tarrant County, Texas described as follows, to wit: See attached Exhibit "A" See attached Exhibit "B" Said 15' and 35' easements are hereby granted under the following conditions to be accepted by the City of Southlake at its cost. 1. Before entering upon the property a gate will be constructed in the easement in the north property line fence to Grantor's satisfaction and that prior to installation a gate post with "H" bracing will be placed in the existing welded pipe and hoqwire fence in order that the fence wire will not slacken during construction. The easement gate shall be constructed using a new 2 1/2" welded tubing and hoqwire. All access to the easement shall be through said gate. 2. During and after construction, all brush, limbs and dead trees within the 35' easement shall either be removed by Grantee or ground up and the cuttings left on the Grantors property for mulching purposes. The removal of trees shall be only with Grantor's prior approval. 3. Grantee shall place a single family connection in the sewer line 8' south of the north property line fence, stubbed out to the surface in order that Grantor may connect into the sewer at anytime Grantor chooses after Grantee's sewer line is placed in service. /2336 1676 ~._~._._.~_.,......~_.,"^._.,_....~-~-~.. ,",,_'--'~~~"','."' ,...--_..,._~.,~_._~-----...~----- EXCEPT IN THE CASE OF EMERGENCY, 4. Grantee shall never access Grantor's property or the 15' permanent utility easement without first notifying Grantor and allowing time for relocating Grantors livestock and/or dogs, and pets, if necessary. 5. Rights granted to Grantee by Grantor are limited to access and use of the easement along Grantor's east property line, and no other rights are granted herein. The 35' construction easement shall expire within one year from the date granted. TO HAVE AND TO HOLD said easement unto the City of Southlake, its successors and assigns, and Grantor hereby binds itself, its successors and assigns and to warrant and forever defend, all and singular, said premises unto the City of Southlake, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The terms of this dedication shall run with the land and shall be binding upon and inure to the benefit of the city of South lake and its ~uccessors and assigns. WITNESS MY HAND this /3 day of A6vQ.;/7JAE'i , 1995. ~~~ R1chard F. s~on, Grantor 139 Jellico Circle Southlake, Texas. 76092 CL~~ 71~ AI~ane N. Joh on, Grantor 139 Jellico Circle Southlake, Texas 76092 STATE OF TEXAS } COUNTY OF TARRANT } THIP INSTRUMENT was acknowledged before me on this / 3 tJ4).v~~r5rA... , 1995. day of B (C' if l < J~~IJ (/ C H Pr1nt Notary Name ........... "\........, r>- r.::;.RY P(;~)., ~. f~~*(~\ B. J. COUCH I ; \~., ~~~/ Notary P.ubhc. State ot Texas '.'!'.e!.~.~/ My Commission Expires 7.31.96 ~ . My Commission Expires: -7-. '3 1- 7' h 1 day South lake RETURN TO OFFICE OF THE CITY SECRETARY CITY OF SOUTHLAKE 667 N. CARROLL AVE. SOUTH LAKE, TEXAS 76092 SecretarY!' CI;) =LL go ~?""' -;.~ -;'T....-: . ~v ...... ~.IIl ~ ............... ...,. ""'" . 10......~ 6 7 7 III'I/I"IIII"""'''\~ t. ') n .~ C::JJb EXHIBIT 'A' 15' PERMANENT UTILITY EASEMENT AND 35' TEMPORARY CONSTRUCTION EASEMENT PROPER TY DESCRIBED 3,460 SO. FT. 0.0795 ACRES - - - - - - - - -- - - - - - - - -- -- - -- I 1""11" "In L. v I "- ~" ,r-, I 1/'1""1 c-~I"" I"c~ ~J L: L . L./ -.J V L_ ~ I II I L_.... 1'1""11 IIAlr- ~,...,... ......" :J"/,'C- If" v VL. vIva: ~)lJ~J - Y I, , II\"L_ Lt I RICHARO F. JOHNiiN 139 JELLlCO CIR. SOUTH LAKE, TEXAS VOLUME 7299, PAGE 215 - - LOT 29-R <b \ ffi E~ <<1 @ \ - ~~ - - ~~ ,CO c=> I ~\ ~~ ~O. ~ (J'\ iF e. ~~ ffi \ flJ~ 00"'- fb~ ~ ~ ~ ~<v -0<(;- C:) 420-L12.DlfG - to) c..\\ \ \ I --- '- \ \ .J - I \ \ T \ \ \ \ j - S7S.50'OO"W 15.06' LOT 30-R - LOT 31 NOTE: BEARINGS BASED ON THE NORTH SIDE OF LOT 28, JELLleO ESTATES VOLUME 388-91, PAGE 41 (PRTCT) N W*E S 1 "=100' co r- \...0 CHEATHAM AND ASSOCIATES 1601 E. LAMAR SUITE 200 ARLINGTON, TEXAS 76011 METRO (817) 265-8836 (817) 548-0696 I certify that this is a true and accurate repre8entation of thi8 8urvey a8 made on the ground. '".;0 M C"") \.'J DATE: \...\~.~- EXHIBIT 'B' 15' PERMANENT UTILITY EASEMENT AND 35' TEMPORARY CONSTRUCTION EASEMENT Richard F. Johniln Field Note Being a portion of Lot 28, Jellico Estates as recorded in Volume 388-91, Page 41 of the Plat Records of Tarrant County, Texas (PRTCT) and being the property as described in a deed to Richard F. John~n as recorded in Volume 7299, Page 215 of the Deed Records of Tarrant County, Texas (DRTCT) and being more particularly described as follows: BEGINNING at the northeast corner of said Lot 28, said point being in the west line of Lot 7, Timberline Estates as recorded in Volume 388-99, Page 25 (PRTCT); THENCE along the east line of said Lot 28, South 06007'00" East for a distance of 229.20 feet to the southeast corner of said Lot 28; THENCE South 78050'00" West for a distance of 15.06 feet to a point for corner, in the south line of Lot 28; THENCE departing the southerly line of said Lot 28, North 06007'00" West for a distance of 232.13 feet to a point in the north line of said Lot 28; THENCE EAST, along the north line of said Lot 28, for a distance of 15.09 feet to the POINT OF BEGINNING, containing within these metes and bounds 3,460 square feet or 0.0795 acres of land more or less. F:\WORD\LEGALS\426 L12.LGL Page 4 of 4 12336 1679 D196075797 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 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 196175207 REGISTER RECD-BY PRINTED DATE TIME DR92 T003957 04/19/96 14:07 1 INSTRUMENT FEECD D196075797 WD INDEXED TIME 960419 14:07 CG TOT A L DOCUMENTS: 01 FEE S: 15.00 Uv B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE 18 INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 12336 1680