A-97 (Myers)
Mary Stone Myers
./ Easement
CITY OF SOOTHLAl<E
STANOARD UTILITY ~T
THE STATE OF TEXAS
COUNTY OF TARlWn'
MARY STONE MYEWi J EXFn1mIX FOR l!SrATE OF A. C. STONE J AND
That (1) (We), KIrpy LRF. M\rF.Rs, RX'Fnnnu FOR RSTATF. OF AUDREY STONF.
for and in consideratJ.on of the sum of Ten ($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
SOUTHI.AKE, 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, upon, over, across and
under that land in Tarr<;U)t County, Texas described as follows, to-wit:
. . KtQl AIL HEN BY 'llIESE PRESENIS:
Permanent 29 foot Wide Utility Easement:
See attached Exhibit 'A' for metes and bounds description
See attached Exhibit la' for Graphic depiction
See attached Exhibit 'C' for Special Conditions
together with the right of ingress and egress as nece~sary for such purposes, ~
and an additional contiguous temporary construction easen~nt for a period of
one (1) year, time for such temporary construction easen~nt to ~~in when
construction starts, for the purpose of installing utilities on the property
knOv.'I1 and described as fOllows, to-wit:
Temf(Jrary 50 foot Wide Construction Easement:
Immediately adjacent to the above descr~~easen~nt in a COnfiguration
as shown on the at~ched Exhibit 'a'.
See attached Exhibit 'c' for Special Conditions
Such temporary and permanent easements shall include the right to excavate upon
such property, but Grantee shall replace any fences or other fixtures Upon said
pro~rty without cost to Grantor, and shall restore the property, the subject of
the temporary and permanent easements, as nearly as possible to its condition
prior to entry thereon.
TO HAVE AND TO HOLD the above described permanent eas~nent, together with
all and singular, the rights and appurtenances thereto, anywise belonging W'lto
the said Grantee, its successors and assigns forever; and I/We do hereby bind
myself/ourselves, my/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.
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09862
00 II
SSINT.S-4
11/27/89
EXHIBIT 'A'
A.C. STCNE
BEING a tract of land out of the J. T. Bailey Survey, Abstract
97, Tarrant County, Texas, and being a portion of a tract owned
by A.C. Stone according to the deed recorded in V. 4153, P. 557,
DRTCT, and the centerline of a 20 I wide utility easement being
more particularly described by metes and bounds as fOllows;
BffiINNING at a point in the south line of said Stone tract being
N 89038114" W a distance of 158.01 feet from a 3/8" iron pin found
for the southeast corner of said Stone tract;
THENCE N 1400915611 W a distance of 79.15 feet to a 5/8" iron
rod set for a centerline deflection point;
THENCE N 09008'5011 W a distance of 182.44 feet to a 5/8" iron
rod set for a centerline deflection point;
THENCE N 4904611511 W a distance of 364.66 feet to a 5/811 iron
rod set for a centerline deflection point;
'l'HENCE N 56029'20" W a distance of 350.13 feet to a 5/8" iron
rod set for a centerline deflection point;
'l'HENCE N 03000' 0011 E a distance of 251.37 feet to a 5/811 iron
rod set for a centerline deflection point;
THENCE N 18011'0711 E a distance of 265.56 feet to a 5/8" iron
rod set for a centerline deflection point;
THENCE N 33018'5811 E a distance of 249.72 feet to a 5/8" iron
rod set for a centerline deflection point;
'I'HENCE N 26013'37" E a distance of 210.00 feet to a 5/8" iron
rod set for a centerline deflection point;
'l'llENCE N 13 05315011 W a distance of 105.00 feet to a 5/8" iron
rod set for a centerline deflection point;
'l'HENCE N 48056'57" W a distance of 152.49 feet to a 5/8" iron
rod set for a centerline deflection point;
THENCE N 0502915511 E a distance of 263.72 feet to a 5/8" iron rod
for a centerline deflection point;
'I'HENCE N 1305315011 W a distance of 260.00 feet to a 5/8" iron
rod set for a centerline deflection point;
THEHCE N 09015101" Wa distance of 317.38 feet to a 5/8" iron
roo set for a centerline deflection point;
'I'HENCE N 88 032 I 00 II W a distance of 102.47 feet to a 5/8" iron
roo set for a centerline deflection point;
THENCE N 0104215511 E a distance of 40.00 feet to a point of
intersection with the north line of said Stone tract, said point
being N 88032'00" W a distance of 464.60 feet from a 3/4" iron pin
found for tl1e most northerly northeast corner of said Stone tract.
SAVE AND EXCEPT any portion of said property lying and
situated in the R.O.W. of State Highway 1709, both the
existing R.O.W. and the proposed R.O.W.
09862
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A.C. STONE ~~.
V. 4153, P.557
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PROR TEMP. 50lJ
CONSTRUCTION
ESMT.
N03000'OO"E -251.37'
PROP. PERMANENT 201
UTILITY ESMT. NOI042155"E.40. '
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1 NI80II'07IJE.265.56' NBB032100IlW-I02.4'
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N5602~'2d w- /r- -:.--:._ N09015101IlW-317.3~' ..... :::>
350.13 ~~"~ --. N330I8158"E- . ...J. , ~/'"IPS
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// (h NI3053'50"W-I05' ~ IPS N05029'55"E-263.72'
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_ ~~ N49046'I5 W-364.66 I II I N8803200 W-464.60 \
~ ~- ~ll.IPS N4805657 W-152A9 LU '/4"IPf
~lPS ~;:-lPI N09008'50IlW-182.44' .
\~-I4009'56"W.79.151 I
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REV. 11/27/89- TYPO CORRECTION- D.M.W.
REV. 11/01/ 89-ALlGNMENT CHANGE-D.M.W.
REV. 08/31/ 89-ALlGNMENT CHANGE-D.M.W.
Arlin<,;1ton Surveyin9 8 Mappin9
Public Surveyors
I certify. that this is a
true and accurate
representation of this
survey as we on the
gromd and that there
are no visual encroachrrents
except as shown.
aDll EAST L.AMAR, SUITE 200 460-2111
ARLINGTON, TEXAS 76006 METRO 26!5 -7948
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A. C. STONE TRACT
EXHIBIT B
(f\~~
E X BIB I T 'C'
CONDITIONS FOR GRANTING SEWER LINE EASEMENT
1. The proposed sanitary sewer outfall line (S-4) to be
constructed within the subject easement shall be constructed so
that the subject property, known as the A.C. Stone Tract, will
have sewer service for future development, including other
portions of said A.C. Stone Tract lying just out of the S-4
outfall line which could reasonably be serviced, which will
include two (2) tracts of land consisting of
approximately 20 acres each, which join the A.C. Stone tract on
the west and front Peytonville Road. These two tract were at one
time a part of the larger tract, but are now owned by Don Myers,
et aI, and Kippy Myers, et ale
2. Prior to the start of any clearing, the City of Southlake will
delineate the proposed 50 foot wide working, and 20 foot wide
permanent, sanitary sewer easement limits on a minimum 100 foot
spacing in areas to be cleared.
3. All trash and tree debris will be disposed of off-site. No
burning. will be permitted on this site.
4. Every effort will be made to preserve trees. Whenever and
wherever feasible, the line will be re-routed to save large trees.
.Care will be taken to preserve the root system as well as the
trunk and limbs. Any tree which is unreasonably lost will be
replaced with a comparable tree or trees, at no expense to owner.
-5. Gates will not be left open, but will be immediately closed.
Fences will be kept in a .stock proof" condition in order to
prevent cattle from straying. Any fences which must be
interrupted will be restored to equal or better condition than
when they were interrupted.
No test hOles, trenches or other situations which could cause
harm to animals will be left unattended without sufficient
restraints or barriers to protect cattle, etc. Test holes and
trenches will be timely filled with proper type and amount of sand
and soil, which will be compacted to retard settling which could
cause harm to cattle.
6. Barriers will be provided to bar the public from entering the
property at construction access points. All fences will be
permanently reinstalled or replaced upon the completion of the
original construction.
7. All construction areas are to be restored to original grade and
seeded appropriately to revegetate disturbed areas. Adequate
erosion control measures are to be adopted to prevent short or
long term erosion of the disturbed areas.
From time to time, for a period of two (2) years after the
initial construction is completed, the City will insure the return
of the contractor to fill and compact the trenches in such a way
as to level the land back to natural grade, compensating for
normal settling.
8.The City agrees to hold the Contractor responsible for any and .all losses ~nd/or
liability claims experienced because of failure to abide by these
requirements, such as, but not limited to, vehicle accidents
caused by the straying .of cattle onto roadways.
9. It is agreed that The Stone Estates will not take any
deliberate action to impede Arvida from connecting to the Big Bear
Creek Interceptor.
10. Two years after the acceptance of the construction of the sanitary sewer W111:nlel
11 and conditions in this Exhibit "C"
by the City of Southlake, a te:r;ms
expire and will become null and v01d. {~'-AIL
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09862
0014
* * * * * * * * * * * * * * *
MARY STONE MYERS,
Independent Executrix for the
Estate of A.C. Stone, Deceased
BY:Ma~~~~
BEFORE ME, the undersigned authority, on this day personally
appeared MARY STONE MYERS, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me that she executed the same for the purposes - and
considerations therein expressed.
I ~~~~
the 1L:'day of
GIVEN under my hand and seal of office on this
i\/'v ~\ . I:.
~, 1990.
. ,< <-~./t;, ,~/JL~
No~ lic in an-a or the
sJa~ ;e"~'-'~ -
ifrVII) "f). IJ );Our: ,.
(Type r pr int Notary I s' name) .'
My Commission Expires:
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* * * * * * * * * * * * * *
KIPPY MYERS,
Independent Executor for the
Estate of Audrey Stone, Deceased
~~
By: fb0-
Kipp ~er
BEFORE ME, the undersigned authority, on this' day personally
appeared Kippy Myers, known to me to be the person whose n.ame is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and cons~peration
therein expressed. / /",~~ '. . .
~~ .~r~er my hand and seal of office on this ~day.of/<
./-J.:-- J. -" , 1990. -. --- --. '7 .;'"
. ~cQ!. ~ L I (lJ~' ....
Notar~ PUb 1 , in an~f r the
. ~of T~ 0' , .
/ (Ty~b:~l~P~~~)~I,l~mel
My Commission Expires:
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* * * * * * * * * * ** rn l i
Accepted by the City of Southlake, this ~day of/I~li.~~ 1990.
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.' l."~*~\ By: r_0/-I[11,-1/o' /j/li{4~
1:/ \~\ Tit~e L~(.1:1 [UU~
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