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A-1504 (Bohannan) J'o- CITY OF SOUTHLAKE ACCESS & UTILITY EASEMENT THE ST ATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That (We)t Roger and Donna Bohannant Grantor hereint for and in consideration of one dollar and other good and valuable consideration by Grantee hereint the receipt and sufficiency of which is hereby acknowledged and confessedt have granted, sold and conveyedt and by these presents do grantt sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas a permanent and perpetual easement and temporary construction easement for the purpose of installingt repairing, maintainingt altering, replacing, relocating, and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas described as followst to-wit: Being a permanent 15.00 foot wide access and utility easement described as follows: See Exhibit "A" for metes and bounds description. See Exhibit "B" for graphic depiction 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 erectt place or construct, or cause to be erected, placed or constructed int intot upon, over, across or under said permanent easement granted herein any temporary or permanent structures, and it is further agreed that Grantee shall have the right to excavate and fill upon and within said permanent easement, and shall have the right to remove from said permanent easement any fences, buildings, or other obstructions as may now be found upon said permanent easement. Grantee shall replace any existing fences and shall re-sod or re-seed the permanent easement where necessary to return the property as nearly as possible to its prior condition. Such temporary construction easement shall include the right to excavate or fill upon such property, but Grantee shall replace any existing fences, improvements, or other fixtures within or upon said temporary construction easement without cost to Grantor, or current owner thereof, and shall restore the property as nearly as possible to its condition prior to entry thereon. In addition to the rights reserved to Grantor as a matter of law in and to the land described, Grantee did not desire to acquire but reserved to the Grantor, their heirst successors and assigns, each and all of the following rights with reference to the described property across which easement is sought to be acquired herein: 1. Grantee shall have no right to fence or enclose such strip, or to use the strip for any purpose other than aforesaid. 2. Grantee shall have no right to place upon any part of said easement and right- of-way any permanent structures situated above the surface of the ground, except incidental equipment and appurtenances. 3. Grantor shall at all times have vehicular access to and across a portion of said easement and right-of-way. 4. Grantor shall have the right to use all or any part of the described land for any other further purpose that does not damage, destroy or injure the use of the aforesaid easement or right-of-way for the purposes for which the same is being sought herein. Page 1 of 2 J I 077 0272 THE ST ATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT 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 assi~ns, to warrant 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 '2 ~ day of MAl-crt , 19~. ~'~;I,,~S. fv~~ eJ, (L~ ~ BEj)O~E ME, the undersigned authority, on this day personally appeared ,~f ,!J/I/l,y~ 7:!dZct'';/t.~1't-- known to me to be the person(s) whose na (s) Is/are subscribed to the foregoing instrument, and acknowledged to me that he/she they executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office on this the ,;( S day of ~tc) , A.D. 1993. (:f~F~ ~~._J\\....:,.:- ~~.r~.I~~~.~ ANN T. WILLIAMS MY COMMISSION EXPfRES September 28.1998 /;kZ7/ ./;,/~//~Ct Notary Public in and for the State of Texas My commission expires: Accepted by the City of Southlake, this the By: RETURN TO OFFICE OF THE CITY SECRETARY CITY OF SOUTHLAKE 667 N. CARROLL AVE. SOUTH LAKE, TEXAS 76092 RETURN DOCU CHEA THA ASSOCIA TES 1170 Corpo Drive West, Suite 207 Arl" gton, Texas 76006 C') r- N o r- r- o - ~ Page 2 of 2 EXHIBIT I A I Bein:J a pennanent access arrl utility easement out of the samuel H. rrh011'pSOJ1 SUrvey, Abstract 1504 in Tarrant County, Texas arrl bein:J Irore particularly described by metes arrl bourrls as follows: Beginning at the westerly southwest corner of a tract of larrl deeded to Roger H. Bohannan arrl wife, Donna, as recorded in Volume 6050, Page 363 of deed records of Tarrant County, Texas. THENCE North 12 degrees 34 minutes 0 secorrls East, a distance of 15.04 feet to a point for a corner; THENCE North 89 degrees 32 minutes 0 secorrls East, a distance of 800.45 feet to a point for a comer; THENCE South 58 degrees 9 minutes 35 secorrls East, a distance of 28.07 feet to a point for a comer; THENCE South 89 degrees 32 minutes 0 secorrls West, a distance of 827.64 feet to a point for a comer, said point being the point of beginning ani containing 0.2803 acres of larrl, Irore or less. ..:t r-.... C'.J o r- r0- O .~ NORTH 1"=50' 001417L8.DlrG ...... ...... ... ...... .......... .. ...... ..... ...... ......... .. ..... .... .... ..... ...... ..... ...... ....... .. .. ...... ..... ...... ..... ...... .... tI) :;:;:;:::;:;:. ~ . . : . : ~ .:::....: Q) . . . :.:.:.:.:.:.: CO .., r ~ ...... .... ~ :.:.:.:.:.:.: ~.. I\:l ...... I\:l . . '1 .. :.:.:.:.:.:.: ~.. g.:.:.:.:.:.:.g..~... ~ ::::::::::::: ~'.'.' ~ ...::::.. n; . . . :::::::;::::: :.:.:.:.:. TEMPORARY CONSTRUC71ON EASEMENT ...... ..... ...... ..... .:.:.:.:.:.:. ....... .'1 ...... ..... ...... ...... ..... .......:. ....., ...... ..... ...... ..... ...... . . . . . ...... ....... ..... .......... . . Q) ........:... ..... .... .:.:.:.:~.:. Q) . . ." ....... ,...... . . :--.J ::::::. . '-' . . . .:.:.:.:.:.:. ~... 0) ....... ..... .. ~ :..:::... _.. . .. .:.:.:.:.:.:. .01 . . :':':':':':':. '/~" ...... ....... .. ....... . ..... .... EXHIBIT 'B' ROGER H. BOHANNON & WIFE VOL. 6050 P. 363 PROPOSED 15.00' ACCESS AND UTILITY EASEMENT PROPOSED 15.00' ACCESS AND UTTUTY EASEMENT r----. 1 ~ S58.09'J5"E 28.07' E ~ _ _ _. A -y--- - - ROGER H. BOHANNAN It WIFE VOL 6050, P. 363 D.R. T.C. T. '\ / CHEATHAM AND ASSOCIATES 1170 CORPORATE DRIVE 'WEST SUITE 207 ARUNGTON, TEXAS 76006 METRO (817) 640-4329 (81?) 633-1023 I certify that this is a true and accurate representation of this survey as made on the cround and that there are no visual encroachments except as shown. - ..!M. 19J8 EAS~ $AIMUEL H. THOIIP$ON SURVEY ABSlRACT NO. 1504 g: DATE: ~- ~-- ~~ D193104789 CITY OF SOUTHLAKE 667 N CARROLL AVE CITY SECRETARY SOUTHLAKE, TX 76092 -W A R N lNG-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY F I LED -- 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 193216636 REGISTER DR91 PRINTED DATE TIME OS/28/93 10:28 1 INSTRUMENT FEECD D193104789 WD FILED TIME 930528 10:28 CG TOT A L DOCUMENTS: 01 FEE S: 12.00 B Y: tr 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. II' " 0 7 7 L. 0276 \