A-300 (Moore)
t8
FILED
TARRldH COUNTY TEXAS
CITY OF SOUTHLAKE
DRAINAGE EASEMENT
2005 HA Y 23 AM 8: 36
THE ST ATE OF TEXAS S
9
COUNTYOFTARRANT g
. E HENDERSON
tHY CLERK
That I, -~G -+---r;~C\ Mcx-'~ , GRANTOR herein, for and in consideration of
the sum ofTen ($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 for the purpose of installing, repairing, maintaining, altering, replacing, relocating,
rebuilding, removing, and operating Drainage facilities in, into, upon, over, across, under and
through all that land in Tarrant County, Texas described as follows, to-wit:
An eighty (80) foot wide Permanent Drainage Easement containing approximately
0.1836 acres, as more particularly described in Exhibit "A" and shown on Exhibit
"B" attached hereto and incorporated herein.
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, any fences, buildings or other obstructions as may now be found upon said permanent
easement.
It is further intended that the Permanent Drainage 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 ri8ht of reversion of said premises under any prior deeds in GRANTOR's chain of title. The
Permanent Drainage Easement, rights and privileges granted therein are exclusive, and
GRANTOR covenants that it will not convey any other easement or conflicting rights within the
area covered by the grant to any other person except as provided herein.
In the event that GRANTOR, or his heirs, representatives, successors or assigns, desires
1
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to develop and plat the property over which this easement effects, then GRANTOR shall have the
right to relocate this easement and the related drainage improvements to a new location mutually
agreeable by both the GRANTOR and the GRANTEE or remove the easement and the related
drainage improvements if it is mutually agreed by GRANTOR and GRANTEE that the easement
and related drainage improvements are no longer needed for drainage purposes.
IN WITNESS WHEREOF, this instrument is executed this
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day of
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ACKNO~EDGEMENT
STATE OF TEXAS ~
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COUNTY OF TARRANT 9
BEFORE ME, the undersigned authority in and for said County, Texas, on this day
personally appeared7?- I~ ~ {1 (e a"u1 ---rial!; ,YU.O{ e_ , known to me to be the person
whose name is subscribe to the foregomg mstrument, and acknowledged to me that the same
was executed for the purposes and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the / (p it day of
.,*i-'u-ct'~ ' 2005.
Loor 'u ItnIny
:18Jfdx3 UOfSS!Wwoo liw
.exel. JO ~eJS ':)!IQ"cI NeJON
1138
Notary Public in an or
The State of Texas
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Typed or Printed Name of Notary
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CERTIFICATE OF ACCEPTANCE
This is to certifY that the interest and real property conveyed by this dedication instrument
dated the (,fk.day of (V1~ ' 2005, from~I'.,~ ~ eraC-(. (J1c:cre..
to the City of SoutWake, has been duly !ccepted 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: 5-1l--0~
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Mayor, City of Southlake
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AFTER FILING, PLEASE RETURN TO:
City of Southlake
City Secretary
1400 Main Street, Suite 270
Southlake, Texas 76092
Phone: 817-481-1519
Fax: 817-481-5826
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EXlDBIT A
LAND DESCRIPTION
DRAINAGE EASEMENT
BEING a tract of land situated in the Larkin H. Chivers Survey t Abstract No. 300. City of
Southlake, Tarrant County, Texas and being part of that tract of land described in instrument to
Howard Brian Wayland as recorded in Volwne 7438, Page 874 of the Deed Records ofTanant
County, Texas and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod foUDd at the Southwest comer of said Wayland Tract;
THENCE, North 00 degrees 00 minutes 00 seconds East along the westerly line of said. Waylaod
Tract, a distance of 128.08 feet to the POINT OF BEGINNING of the herein described tract;.
THENCE, continuing along the VleSterly line of said Wayland tract. North 00 degrees 00 minutes
00 seconds East, a distance of 100.00 feet to a point for a comer from which a Y.z inch iron rod
found for a comer on the west line of said Wayland tract bears North 00 degrees 00 minutes 00
seconds East, a distance of 239.35 feet and South 89 degrees 46 minutes 40 seconds East, a
distance of129.07 feet;
THENCE, departing the westerly line of said Wayland tract, North 90 degrees 00 minutes 00
seconds East. a distance of 80.00 feet to a point for a comer.
THENCE, South 00 degrees 00 minutes 00 seconds East, a distance of 100.00 feet to a point for a
comer;
THENCE, North 90 degrees 00 minutes 00 seconds West, a distance of 80.00 feet to the POINT
OF BEGINNING and CONTAINING 0.1836 ofan acre (8000 square feet) of land, more ofless.
For Huitt-Zollars, Inc.
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Registered Professional Land Surveyor
Texas Registration No. 4862
Huitt-Zollars" Inc.
3131 McKinney Ave., Suite 600
Dallas, Texas 75204
Telc.214-871-3311
Date: January 18,2005
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EXHIBIT B
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LARKIN H. CHIVERS
ADDmONNO.300
CAB. A. SLIDE 4921
P.R.T.C.T.
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Itr IRON ROD FOUND
S W46'4rE 129.07'
WILBURN GBORGBDAVJS
VOL. 6059 PAGE 633
D.R.T.C.T.
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HOWARD BRIAN WAYLAND
VOL. 7438 PAGE 874
D.R.T.C.T.
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N OO-OO'orE 1OQ.OO' DRAINAGE S lIcroo'OO'E 1GO.OO'
BASEMENT
POINT OF BEGINNING ~
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GRAPHIC SCALE - FEET
200 300
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DRAlNAGBBASBMENT
BEiNG APAB.TOP 11.517 ACIBS
VOLUMB 7438. I,'AGB 874, D.:R.T.C.T.
LAlUONB.. CRIVBIlS SUIlVBY
ABS'I1lACTNO.300
TA1UtAHI'<DDN1Y. 'l'BXAS
BASIS OF BBAIJNG: MONUMBN1'SPOOND
AS CAlLBDPOR.lN'l'BBDBBDtOHOWAltD
BltL\NWAYLAND MJ DC<IlDI!DlN
VOLtJMB 7_ PAGB~ DIlI!DJtB(X4k1lS
OF TAJUlANTcomnY.1EXAS.
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CITY OF SOUTHLAKE
1400 MAIN ST #270
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SOUTHLAKE
TX 76092
Submitter: CITY OF SOUTH LAKE - ZSLKE-001
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: OS/23/200508:34 AM
Instrument #: 0205144257
OPR
6 PGS
$22.00
111111111111111111111111111111111111111111111111111111111III
0205144257
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.