Dove Estates Addition (Lot 4, Block 1) - Easement
EASEMENT
STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT )
That DOVE ESTATES JOINT VENTURE, hereinafter called
Grantor, for a good and valuable consideration, from the
City of Southlake, hereinafter called Grantee, does hereby
grant, sell, and convey unto Grantee an easement and
right-of-way upon and across the entire following described
property of the Grantor:
Lot 4, Block 1, Dove Estates Addition to the City
of Southlake, Tarrant County, Texas, according to
the Plat recorded in Volume 388/69, Page 49, Plat
Records Tarrant County, Texas.
The easement and right-of-way hereby conveyed shall be
upon, under, and across the above described property and
shall remain until released by Grantee upon the occurrence
of a termination event as set forth hereinafter.
The easement, rights, and privileges herein granted
shall be for so long as the DOVE ESTATES SUBDIVISION remains
dependent upon individual septic systems or as otherwise
provided herein. Grantor hereby binds itself, its assigns,
and legal representatives, to warrant and forever defend the
above described easement and rights unto Grantee, its
successors, and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
The easement, rights, and privileges granted herein are
exclusive, and Grantor covenants that it will not convey any
other easement or conflicting rights within the area covered
by this grant except as set out herein.
This instrument shall be binding upon its assigns, and
successors of the parties hereto.
EASEMENT - Page 1
It is expressly agreed and understood that the
easement, rights, and privileges herein conveyed to Grantee
are limited to the installation and operation of lateral
lines (at the Lot Owner's sole expense) for the use and
benefit of:
a
Lot 15, Block 1, Dove Estates Addition to the City
of Southlake, Tarrant County, Texas, according to
the Plat recorded in Volume 388/69, Page 49, Plat
Records Tarrant County, Texas
It is the express intent' of this easement to allow
Grantor herein to develop said dedicated lot upon the
completion of a private or public sewer system that will
allow all the lots in DOVE ESTATES SUBDIVISION to be
utilized without impairing the health and welfare of the
public or Lot owners in said subdivision. It is the further
intent of the parties herein that the Lot Owners of the
dedicated lot(s) or other Lot Owners in or out of the
subdivision shall not gain any vested rights in said
Easement by virtue of this conveyance or by' virtue of the
use of such tract for septic sewer system purposes unless
Grantor fails to install a private sewer system for such
subdivision. In the event of such failure, such Lot Owner
or owners shall be entitled to all easement rights unless
and until a municipal sewer system is installed in said
subdivision by the City of Southlake. The sole purpose of
said Easement is to allow Grantor to develop selected lots
in said subdivision while Grantor and Grantee, at Grantor's
expense, work diligently towards a private sewer system.
Grantor further agrees that Grantor shall be
responsible for the connection of Lot 15, Block 1 of Dove
Estates Addition to the private sewer system to be installed
for said subdivision, with such connection to be at
Grantor's sole expense unless such obligation is assumed
EASEMENT - Page 2
and accepted by said Lot Owner through a written contractual
agreement with Grantor.
The easement, rights and privileges granted hereunder
shall terminate when, or at such time as the purposes of the
Easement conveyed herein cease to exist, or when such
Easement is abandoned by Grantee, or when Grantor
successfully completes the installation of the private sewer
system for DOVE ESTATES SUBDIVISION and requests said Lot
Owner to connect to said sewer system in accordance with the
terms and conditions of any written contractual agreement
with Grantor requiring such connection or, if no such
contractual agreement exists, then when Grantor connects
said lot (or the septic system thereon) to the said private
sewer system installed by Grantor for the use and benefit of
DOVE ESTATES SUBDIVISION, or when the City of Southlake
installs a public sewage disposal system for the Benefit of
DOVE ESTATES SUBDIVISION. Regardless of the reason for the
termination of this Easement, said Easement shall not be
considered terminated, released or abolished, or abandoned
until the City of Southlake, Grantee herein, executes a
release or abandonment of such Easement.
Grantor also retains, reserves, and shall continue to
enjoy the use of the surface of such property for any and
all purposes which do not interfere with and prevent the use
by Grantee of the within easement including the right to use
the surface of the herein granted easement for drainage
ditches, driveways, alleys, walks, gardens, lawns, planting
areas, utilities and other like uses and/or to dedicate all
or any part of the surface of the property affected by this
easement to the City of Southlake for use as a public
street, road or alley, so long as any such uses do not
interfere with the use of such lot or the subsurface thereof
in the connection with the septic sewer system for the lot
to which this Easement is dedicated.
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IN WITNESS WHEREOF, this instrument is executed this
day of March, 1983.
Calvin A. Barker , Jr/ anager
Dove Estates Joint Venture
STATE OF TEXAS )
COUNTY OF DALLAS )
Before me, the undersigned authority, on this day
personally appeared CALVIN A. BARKER, JR., Manager of DOVE
ESTATES JOINT VENTURE, known to me to be the person whose
name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the
purposes and consideration therein expressed and that he is
duly authorized to execute such Easement.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of March, 1983.
r~
addi S. Vasq ez
Notary Public
in and for the State of Texas
My Commission expires:
December 29, 1986
Return to:
Dove Estates Joint Venture
1204 Ross Avenue
Dallas, Texas 75202
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