A-1049 (5D1)
7"-
CITY OF SOUTH LAKE
15' WIDE SANITARY SEWER EASEMENT
No. 2-C
L,
THE STATE OF TEXAS 9
9
COUNTY OF TARRANT 9
That I, Greenway-Berk Partners, L.P., 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
10 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 fifteen (15) foot wide Permanent Sanitary Sewer Easement
containing approximately 0.111 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, any fences, buildings or other obstructions as may now be
found upon said permanent easement. 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,
Page 1 - Sanitary Sewer Easement
-,-,-,-.- "...,..~,,_._._-~--"., -.__. --'-'~---''''''
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 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.
d-
IN WITNESS WHEREOF, this instrument is executed this \~)
day of ~ 2003.
\ \ \ \
GRANTOR:
GREENWAY-BERK PARTNERS, L.P.,
a Texas limited partnership
By:
Berk-114, L.L.C.,
a Texas limited iability company,
General Partn
i
By:
G. H. Stool, Manager
ACKNOWLEDGEMENT
STATE OF TEXAS 9
9
COUNTY OF TARRANT 9
BEFORE ME, the undersigned authority in and for said County, Texas, on
this day personally appeared~;TCC l.-- , known to
me to be the person whose name is subscribed to the foregoing instrument, 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 15 i l ---
day of j l, L , )( r ~>.
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Ny Commltslon Expires
01-07-07
My Commi~sion Expires:
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ame of Notary
Page 2 - Sanitary Sewer Easement
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this
dedication instrument dated the ~day of flu") u.L::rf , 2003,
from !2ree", W"1-&ri<: f",r,f'l<er5, t!ihe City of Southlake, 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: <(,.Lf,. 0 Q
l~'~ -=
Mayor, City of South lake
~'a~
City Secretary
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ATTEST:
AFTER FILING, PLEASE RETURN TO:
City of South lake
City Secretary
1400 Main Street, Suite 270
Southlake, Texas 76092
Phone: 817-481-1653
Fax: 817-481-1463
Page 3 - Sanitary Sewer Easement
EXHIBIT "A"
Legal Description
15' WIDE SANITARY SEWER EASEMENT
No. 2-C
BEING A TRACT OF LAND LOCATED IN THE T. MAHAN SURVEY,
ABSTRACT NO. 1049, CITY OF SOUTH LAKE, TARRANT COUNTY, TEXAS,
ALSO BEING A PART OF TRACT 5D1, AS DESCRIBED IN DEED TO
GREENWAY-BERK PARTNERS, L.P., AS RECORDED IN VOLUME 16666,
PAGE 224, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 5D1, AND THE
NORTHEAST CORNER OF LOT 1, BREWER INDUSTRIAL ADDITION, AS
SHOWN BY THE PLAT RECORDED IN VOLUME 388-174, PAGE 18, OF THE
PLAT RECORDS OF TARRANT COUNTY, TEXAS, SAID POINT ALSO LYING
IN THE WESTERLY BOUNDARY LINE OF LOT 2, BLOCK C, BRIARWOOD
ESTATES, AS SHOWN BY THE PLAT RECORDED IN VOLUME 388-139,
PAGE 7, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 44 MINUTES 00 SECONDS WEST, A
DISTANCE OF 15.00 FEET, ALONG THE SOUTHERN BOUNDARY LINE OF
SAID TRACT 5D1 AND THE NORTHERN BOUNDARY LINE OF SAID LOT 1,
BREWER INDUSTRIAL ADDITION, TO A POINT FOR A CORNER;
THENCE NORTH 00 DEGREES 16 MINUTES 00 SECONDS WEST, A
DISTANCE OF 321.49 FEET, DEPARTING SAID BOUNDARY LINE, TO A
POINT FOR A CORNER;
THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS EAST, A
DISTANCE OF 15.00 FEET, TO POINT LYING AT THE NORTHWEST
CORNER OF LOT 3, BLOCK C, AND THE SOUTHWEST CORNER OF LOT 4,
BLOCK C, OF SAID BRIARWOOD ESTATES;
THENCE SOUTH 00 DEGREES 16 MINUTES 00 SECONDS EAST, AT 193.60
FEET, ALONG THE WESTERLY BOUNDARY LINE OF LOT 3, PASSING THE
SOUTHWEST CORNER THEREOF AND CONTINUING ALONG THE
WESTERLY BOUNDARY LINE OF SAID LOT 2, FOR A TOTAL DISTANCE OF
321.49 FEET, TO THE PLACE OF BEGINNING AND CONTAINING 0.111
ACRES, (4,822 SQUARE FEET) OF LAND.
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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:
Greenway-Berk Partners, L. P.
2808 Fairmount, Ste. 100
Dallas, Texas 75201
Attn: G. H. Stool
TO GRANTEE:
City of South lake
1400 Main Street, Suite 320
Southlake, Texas 76092
Attn: Director of Public Works
with a copy to:
R. J. Grogan, Jr.
Grogan & Brawner
2808 Fairmount, Ste. 150, LB5
Dallas, Texas 75201
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 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,
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 will restore the Easement Tract and adjacent property
to a condition as good or better as exists on the date prior to any 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.
D203311603
CITY OF SOUTHLAKE
1400 MAIN ST #270
SOUTHLAKE TX 76092
'I
A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT 0 EST 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
203496238
REGISTER
DR93
RECD-BY
CAP
PRINTED DATE TIME
08/22/2003 10:40
1
INSTRUMENT FEECD
D203311603 WD
INDEXED TIME RECVD
20030822 10:40 CG
TOT A L
DOCUMENTS: 01
FEE S:
21.00
L
t
B Y:
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.
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