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A-1504 (Ponder) ,Vy" I " CITY OF SOUTHLAKE UTILITY EASEMENT THE ST ATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That (I), Edward A. Ponder, Grantor herein, for and in consideration of the City of Southlake relinquishing applicable sewer impact fee for two single family residential connections, and sewer connection charges for two single family residential services, and other good and valuable consideration 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 SOUTHLAKE, Grantee herein, of Tarrant County, Texas a permanent and perpetual easement and temporary construction easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas described as follows, to-wit: Being a permanent 20 foot wide utility easement and a temporary 30 foot wide construction 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 erect, place or construct, or cause to be erected, placed or constructed in, into, 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. 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 I do hereby certify that I am the owner of the property described herein and bind myself, my 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 f? II; day of ~110Q r"y ./ , 19i.J. C~JaA r0- t- N <::) l"'- I"'- e:::> Page 1 of 2 THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT E ME, the undersigned authority, on this day personally appeared 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. . fUr GIVEN under my hand and seal of office on this the ---- 1993. daYOf~~ t ,A.D. My commission expires: ~S- /9-7Iy Accepted by the City of Southlake, this the J/tl day of ~, A.D. 19'1j. ci/;M . . ._~ '~0d0\.I<.f) By: I( RETURN TO OFFICE OF THE CITY SH:RfT:!,g'i CITY OF SOUTHL.AKE 667 N. CARROLl AVE. SOUTHLAKE. TEXAS lEO':!? RETURN DOCUMENT 0: CHEATHAM SSOCIA TES 1170 Corpor rive West, Suite 207 A . gton, Texas 76006 co l"'- N o t- t- o - Page 2 of 2 '~ EXHIBIT 'B' EDWARD A. PONDER VOL. 4920 P. 320 PROPOSED 20' PERMANENT ACCESS & UTIIJTY EASEMENT W*E S --~ P. D.B. \ \ \ \ \ \ \ \ \ PROPOSED ~ 30' TEMPORARY \ CONSTRUC770N EASEMENT \ \ \ \ \ ~ 5AIIUEL Ho THOMP50fM SURVEY ABSlRACT NO. 1504 EDWARD A. PONDER VOL 4920, P. 320 D.R.T.C.T. I I PROPOSED 20' 4 PERMANENT ACCES 8 UTILITY EASEMEJ T I I . .. , 1r0''''# 1056 0' 56 20.0 '" 1- =50' 001417Ll.D1t'G CBBATIWI AND ASSOCIATES 1170 CORPORATE DRIVE WEST SUITE 207 ARLINGTON. TEXAS 76006 METRO (817) 840-4-329 (817) 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. o CO N o r- r- o - DATE: \ - S - '\.~ ~ EXHIBIT 11 A" Being a permanent access and utility easement described as follows: COMMENCING at the northeast corner of a tract of land deeded to Edward A. Ponder as recorded in Volume 4920, Page 320 of deed records at Tarrant County, Texas. THENCE THENCE THENCE THENCE THENCE S 89001 '00" W from the northeast corner of the referenced tract for a distance of 800.51 ft. to the "POINT OF BEGINNING". S 22003 '20" E for a distance of 326.55 ft. to a point, S 67056'40" W for a distance of 20.00 ft. to a point, N 22003'20" W for a distance of 334.26 ft. to a point, N 89001 '00" E for a distance of 21.43 ft. to the POINT OF BEGINNING. Also included is a temporary construction easement as shown on Exhibit "B". 0'\ r- N <=> c- c- O ~ ',~ D193104790 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 193216637 REGISTER DR91 PRINTED DATE TIME OS/28/93 10:28 1 INSTRUMENT FEECD D193104790 WD FILED TIME 930528 10:28 CG TOT A L DOCUMENTS: 01 FEE S: 12.00 B Y: /I 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. [[1077 0281 "-.,--. ---. .------,--_.,..-