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A-1504 (Bohannan) (2) CITY OF SOUTHLAKE ACCESS & UTILITY EASEMENT THE STATE 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 grantedt sold and conveyedt and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee hereint of Tarrant County t Texas a permanent and perpetual easement and temporary construction easement for the purpose of installing, repairingt maintainingt alteringt replacingt relocatingt and operating utilities int intot upont overt across and under that land in Tarrant County t Texas described as follows, 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 heirst representativest successors and assigns shall at no time erectt place or constructt or cause to be erected, placed or constructed int intot upont overt 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 easementt and shall have the right to remove from said permanent easement any fencest buildingst 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 t but Grantee shall replace any existing fencest improvementst or other fixtures within or upon said temporary construction easement without cost to Grantort or current owner thereoft 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 t their heirst successors and assignst 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 striPt 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 f f 077 0267 THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT TO HAVE 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 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 ? ( day of AIt.Ir 1<.( r-f ,199"> ;//.') "" ](" " - ", I)~-'\/ll~~ ~/~_ fjO-""N' ;3 J,(7~~ tJ-..- /} ;, B~~~7L:he undersigned aU~~~~'t~~~:~ ti ther;~~~s)P=#e(s; isiare 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 o;(s- day of fd::Jcl- . A.D. 1993. 4~~ "l'/J/ /i~. ""(ld~u<J Notary Public in and for the State of Texas ANN T. WILLIAMS '.W COMMISSION EXPIRES :;""ptember 26, 1996 . .. . ~... ..;. My commission expires: By: .( day of Accepted by the City of Southlake, this the ,IIi, \ .4J1iJjJJJ<<; RETURN TO OFFICE OF THE CITY SECRETARY CITY OF SOUTHLAKE 667 N. CARROLL AVE. SOUTHlAKE, TEXAS 76092 -~~ RETURN DOCU~S/TO: / /" CHEA TH1\M & ASSOCIATES 1170 Co11J<)Yc(te Drive West, Suite 207 t\iIington, Texas 76006 <:D \...0 N o Page 2 of 2 r- r- o EXHIBIT I A ' Beinq a pemanent access arrl utility easeIOOl1t out of the samuel H. 'Iharrpson Survey, Abstract 1504 in Tarrant County, Texas arrl beinq rrore particularly described by rretes am bourxis as follows: Beginni.ng at a point, North 89 degrees 32 minutes 0 secorrls East am 776.5 feet from the northwest comer of a tract of lam deeded to Roger H. Bohannan and wife, IX>rma, as recorded in Volurre 6050, Page 363 of deed records of Tarrant County, Texas. 'THENCE North 89 degrees 32 minutes 0 secorrls East, a distance of 28.07 feet to a point for a comer; 'THENCE South 58 degrees 9 minutes 35 secorrls East, a distance of 37.42 feet to a point for a comer; 'THENCE North 89 degrees 32 minutes 0 secorrls East, a distance of 324.04 feet to a point for a corner; 'THENCE South 21 degrees 33 minutes 24 seconds East, a distance of 17.09 feet to a point for a comer; 'THENCE South 89 degrees 32 minutes 0 seconds West, a distance of 333.04 feet to a point for a corner; 'THENCE North 58 degrees 9 minutes 35 secorrls West, a distance of 67.26 feet to a point for a comer, said point beinq the point of beginni.nq arrl contai.ni.n3' 0.1383 acres of larrl, rrore or less. 0"\ \.0 N C) r- r- o - .~ EXHIBIT 'B' NS8'09'3S"W 67.26' - --- P.O.B. 558'09'3S"E 37.42' SAMUEL Ho THOMPSON SURVEY ABSTRACT NO. 1504 PROPOSED 15' ACCESS AND UTTUTY EASEMENT T----... NORTH 1"=50' 521033'24 "E 17.09' _ _ _~ .i\ -y--- - - ROGER H. BOHANNAN 4e WIFE VOL. 6050, P. 363 D.R. T.C. T. 00 1417L9.DlrG CBlATIWI AND ASSOCI.A.TBS 1170 CORPORATE DRIVE 'WEST SUITE 207 ARUNGTON, TEXAS 76006 METRO (817) 640-4329 (817) 633-1023 I cerUfy that this i. a true and accurate representation of this survey as made on the cround and that there are no visual encroachments except as shown. o r- ~ o r- t- O ;~ ~, DATE: ~..,'b~~ D193104788 CITY OF SOUTHLAKE 667 N CARROLL AVE CITY SECRETARY SOUTHLAKE, TX 76092 -W A R N I N G-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 193216635 REGISTER DR91 PRINTED DATE TIME OS/28/93 10:28 1 INSTRUMENT FEECD D193104788 WD FILED TIME 930528 10:28 CG TOT A L DOCUMENTS: 01 FEE S: 12.00 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. ~~l077 0271 "._-,,~- ._._,-,-~- ._-"'" ......----..--.....,--.....-.. .,_...,...-""-~,-,--~-'- ,.----"--- ._, ---