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J. Whitman No. 1593 Addition (Lot 2) - Permanent Utility Easement :J'l "~ ' /' ~\ ,OFFICIAL RECORD CITY OF SOUTHLAKE PERMANENT UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: THAT WE. Frederick C. & Dorothy T Bauer, for and in consideration of the sum ofTen ($10) Dollars and other good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the City of SoutWake, Grantee herein, of Tarrant County, Texas a permanent and perpetual Easement for the purpose of installing, repairing. maintaining, altering, replacing, relocating, and operating utilities in, into, over, upon, across and under that land in Tarrant County, Texas described as follows. to-wit: Being a 15' pcnnancnt utility and a 20' temporary construction easement, described as follows: See attached Exhibit "AU for graphic depiction See attached Exhibit uBU for metes and bounds description together with the right of ingress and egress as necessary for such purposes. See attached Exhibit uC for Sewer Line Easement Conditions. TO HA VE AND TO HOLD the above described easement together with all and singular. the rights and appurtenances thereto. anywise belonging unto the said Grantee. its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to \\arrant and to forever defend all and singular the premises unto the said Grantee. its successors and assigns. against every person whomsoever lawfully claiming or to claim same or any thereof EXECUTED this the L day of . 1998 <#-~:" (\ ') ~ \ )c~_v. /t-) As fun her consideration for granting the above easement The City of SoutWake will waive two Sewer Tap Fees. One for Lot 1. and one [or Lot 2 of the 1. G. Whitmore # 1593 Addition of the City of SoutWake. Said tap for Lot 2 \\ ill be located and installed to above grade atthe time the Sewer Line is constructed across the above easement. Permanent Utility Easement-Temporary Con - Bauer ,~,~_,~~,.__,",~__,___.,,",,,,,_,,~.,,_,_,._,,",,,,,,",,____....".,__~-...._~._n____... BEfORE ME. the undersi ed authority, on this day personally appeared rr<~ ~(" ;lJ~ C!- B q L(. t.f . ....1 h ...... known to me to be the persons whose name are subscribed to the foregoi instrument. and acknowledged to me that they executed the same for the purpose and consideration therein expressed. GIVEN under my hand and seal of office on this the .!I.J:h. day of /' ' ...) <I' 'h.l\\h <..r ,1998. ';-"'\'J ~7fZ~ fi~, < < ~-~. Notary Public in and for the State of Texas My commission expires: t.( ;t/ II V.{ f\4-~ ;ZOo} ...~''fi1i.''. 'D.E EKSTROM {:~r.:: -~1 MY COMMISSION eXPIRES \. <./ NOVEMBER 4, 2001 ,""'''''''' - Acccpted by the City of SouthJake, this thc l day of~>.luv0 , kD, 1990, B~~ ~~~t:,outhlake. Texas RETURN DOCUMENTS TO: GRANTOR GRANTEE City of Southlake % Sandra LeGrand City Secretary 667 N. Carroll Ave. Southlake. 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Q, " 411 ... 411 - III '6> CIl 0:: 031101d uun:) laO"l)!rt :AS ~O" paM WO~ ~k6l L~'LO'~1 tlp' Jonoq,,6 EXHIBIT 'B' 15' PERMANENT UTILITY EASEMENT Field Notes Being a 0.113 acre tract ofland within Lot 2, 1. 'YhitlUan No. 1593 Addition, an addition to the City of Southlake, Tarrant County, Texas, conveyed to Frederick C. & Dorothy T. Bauer in Plat Cabinet A, Slide 1627, (P.R.T.C.T.) and being a 15 foot wide strip ofland, over, through, and across said Lot 2, being more particularly described as follows: Beginning at a concrete monument found at the northeast corner of said Lot 2; Thence S 16004'22" W, along an easterly line of said Lot 2, a distance of 111.49 feet to a concrete monument; Thence S 08037'42" E, along an easterly line of said Lot 2, a distance of217.64 feet to an iron pin; Thence N 89029'38" W, along the southerly line of said Lot 2, a distance of 15.19 feet to a point; Thence N 08037'42" W, parallel with an easterly line of said Lot 2, a distance of 218.51 feet to a point; Thence N 16004'22" E, parallel with an easterly line of said Lot 2, a distance of 110.49 feet to a point in the northerly line of said Lot 2; Thence S 89052'00" E, along the northerly line of said Lot 2, a distance of 15.60 feet to the Point Of Beginning, containing 0.113 acres or 4,936 square feet of land, more or less. Also included will be a temporary construction easement as shown on Exhibit "A". G:\OO 1-434\00 1-434G\EASEMENT\434bauer.wpd ___.____ ._""_. .,_~ ,~.,.," ,..,"___",..,.~ ,_,.._",.~..,....," ~,_..~._,.~_".~.m'_.._~__'''_~''"''''_''~''___''_''_'' EXHIBIT IICII SEWER LINE EASEMENT CONDITIONS at residence BAUER (Owner), 2850 RAINTREE DRIVE, SOUTHLAKE, TX 76092 dtd: 14 Aug 98 The City of Southlake acknowledges and agrees to the following specifications and conditions with regard to access to and activity on the property as well as the conduct of work, initially and for the life of the easement. 1 . The PERMANENT UTILITY EASEMENT area for the sewer line is defined in Exhibit 'A' and is 15 feet wide and to parallel the East boundary of the Plat. 2. THE WILDERNESS AREA: a. This area is a section of property from the bend in Urbanowski's perimeter drive Eastward to the East Property line. b. We want to keep this Wilderness Area untouched and natural. Both Bauer and Urbanowski are in common agreement as to the visual effect they want to maintain at the end of the road. We want visitors to see thick natural vegetation in abundance at the dead end of the road, so there is no indication that they might proceed onward. This vegetation area will allow no direct visual sighting of the Corps' property or drainage creek. 3. ACCESS and MANEUVER ROOM: A TEMPORARY CONSTRUCTION EASEMENT is defined in Exhibit 'A', except that the Wilderness Area is excluded from this easement. Bauer is prepared to work with the chosen contractor to arrange temporary access for maneuver and other assistance to help sewer line installation. Specific agreements can be made prior to initiation of work. 4. SPECIFICATIONS for LAND-USE: The Contractor will care for the property as described herein. a. CLEARING VEGETATION: The Easement Areas (both the Permanent Utility Easement and the Temporary Construction Easement) can be cleared of brush, bushes, and undergrowth as necessary for the laying of sewer pipe and the maneuver of equipments. However, LARGE TREES and CEDAR/FIR TREES will be preserved in so far as possible. - a large tree is defined as 4-inches (or larger) in diameter at 2-feet above the ground. - Bauer will be contacted and agree to the removal of any large or Cedar tree BEFORE action is taken. b. VEGETATION RESIDUE: We were briefed by City representatives that residue from clearing is to be carried away. However, if the contractor desires, Bauer agrees that the residue brush, bushes, and small limbs can be CHIPPED AND SHREDDED on site, and the residue can be spread across land as mulch for erosion deterrent. - Further, Bauer agrees that larger limbs and tree trunks (that which can not be shredded) can be cut down into straight sections and left in a pile for firewood. The owner can be available on site to coordinate this process at the time. - The bottom line is that NO BRUSH PILES will be left when the job is done. c. SEWER LINE FILLED IN: After the sewer line installation is completed, the sewer-line cut will be properly filled-in and leveled (no depressions). - a FINAL INSPECTION will be conducted to insure that the sewer line was filled in correctly. This inspection will be made after a time interval sufficient to account for settling of the fill. The owner will be notified when the final inspection is to be made. d. DISTRESSED LAND REPAIR: We expect the land into and around the pipe line will be distressed by equipments, especially if the season is wet. After the job is completed, the entire area will be "repaired" (made level and natural again), in both the Utility Easement Area and in the Temporary Construction and Maneuver Areas. e. EROSION PREVENTION: After the job is completed (at the final inspection) determination will be made if actions need to be taken to fix any erosion conditions which were created by the job. f. STUB TO SURFACE: The exact position of the stub will be determined on site with owner (Bauer), and the stub will be brought to surface. g. NO ADDITIONAL OWNER COSTS: The bottom line f~r granting. this ea.sement is that no additional cost will accrue to the owner as a result of the city sewer Installation work in and around the easement areas. D198213780 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 198352555 REGISTER DR93 RECD-BY T021602 PRINTED DATE TIME 09/15/98 14:33 1 INSTRUMENT FEECD D198213780 WD INDEXED TIME 980915 14:33 CG TOT A L DOCUMENTS: 01 FEE S: 17.00 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.