A-667 (Southlake JV) (2)
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SHAKESPARF.
CITY OF SOUTHLAKE
STANDARD UTILITY EASEMENT
Easement
THE STATE OF TEXAS
COUNTY OF TARRANT
l<Na'l AIL MEN BY THESE PRESENTS:
That (I) (We), Southlake Joint Venture
for and in consideration 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
SOUTHLAKE, 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 Tarrant County, Texas described as follows, to-wit:
Permanent 20 foot Wide Utility Easement:
See attached Exhibit lA' for metes and bounds description
See attached Exhibit IB' for Graphic depiction
See attached Exhibit IC' for Special Conditions
together with the right of ingress and egress as necessary for such purposes,
and an additional contiguous temporary construction easement for a period of
one (1) year for the purpose of installing utilities on the property known and
described as follows, to-wit:
Temporary 50 foot Wide Construction Easement:
Immediately adjacent to the above described easement in a configuration
as shown on the attached Exhibit' B' .
See attached Exhibit 'C' for Special Conditions
Such temporary easement shall include the right to excavate upon such property,
but Grantee shall replace any fences or other fixtures upon said property without
cost to Grantor, and shall restore the property, the subject of the temporary
construction easement, as nearly as possible to its condition prior to entry
thereon.
TO HAVE AND TO HOLD the above described permanent easement, together with
all and singular, the rights and appurtenances thereto, anywise belonging unto
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.
EXECUTED this the
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560
THE STATE OF TEXAS
COUNTY OF TARRANT
A~
BEFORE ME, the undersigned authority, on this day personally appeared
P;:lUl Shakespeare known to me to be the person(s) whose
name (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
of December , A.D. 1989 .
5th
day
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~\ .?00~.\. ANI,TA l. au. ISE.RAMEY
iij,~t! COMMISSION ~~'RES
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Notary Publ ic in and for the 1tate of
My commission expires:
Texas
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Accepted by the City of Southlake, this the \:)
A.D. 191i.
day of /Q;l)/1'11lt.-DJ ,
By:
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SSINT.S-4
10/31/89
Exhibi t A
SOUTHLAKE JOINT VENTURE
BEING a tract of land out of the P .G. Hyde Survey, Abstract 667,
Tarrant County, Texas, and being a portion of a tract owned by
Southlake Joint Venture according to the deed recorded in V.
P. , DRTCT, and the centerline of a 20' wide utility easement
being more particularly described by metes and bounds as follows;
BffiINNING at a point in the south line of said Southlake Joint
Venture tract, said point being N 89049'00" W a distance of
1,360.56 feet and S 00000'26" W a distance of 20.00 feet from a 3/8"
iron pin found in the southeast line of said Southlake Joint Venture
tract;
THENCE N 12014'18" E a distance of 377.64 feet to a 5/8" iron
rod set for a centerline deflection point;
THENCE N 27012'12" W a distance of 291.36 feet to a 5/8" iron
rod set for a centerline deflection point;
THENCE N 20005'09" W a distance of 756.29 feet to a 5/8" iron
rod set for a centerline deflection point;
THENCE N 15058'13" E a distance of 144.92 feet to a 5/8" iron
rod set for a centerline deflection point;
THENCE N 23051'33" E a distance of 276.13 feet to a 5/8" iron
rod set for a centerline deflection point;
THENCE N 16053'55" E a distance of 456.16 feet to a point for a
centerline deflection point;
THENCE N 03 005 '17" E a distance of 294.59 feet to a point for a
centerline deflection point;
THENCE N 14009' 56" W a distance of 253.04 feet to the intersection
with the most westerly north line of said Southlake Joint Venture
tract, said point being N 89038'14" W a distance of 158.01 feet from
a 3/8" iron pin found for the southeast corner of a tract owned by
A.C. Stone as recorded in V. 4153, P. 557, DRTCT, said rod also
being an interior ell comer of said Harrington tract;
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V 4153 I P. 557
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h PRO~ PERMANENT 20'
PROP. TEM~ 50' fA "IPS UTILITY ESMT.
CONSTRUCT ION If N23051'33"E - 276.13'
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lh NI5058'13"E-144.92'
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: SOUTHLAKE JOINT VENTURE \~\ N27012'12"W - 291.36'
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N 14009'56"W- 253.04'
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PROP. TE MP. 50'
CONSTRUCTION '
ESMT SOOClQO'26"W-20.00'
N 12014'18"E - 377.
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CONTINENTAL
BOULEVARD
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N89049000"W 1360.56'
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REV. 10/31/89-ALlGNMENT CHANGE-D.M.W.
REV. 10/24/89- ALIGNMENT CHA.NGE' D.M.W.
REV. 10/11/89- MOVED P.O.B. TOllOFRO.-D.MW.
REV. 10/09/89-TEMP. CONST. ESMT.- D.M.W.
REV. 08/31/89-ALlGNMENT CHANGE-D.M.W.
~ton Surveying a Mappi"9
~Q~'~' Surveyors
SOUTHLAKE JOINT VENTURE
TRACT
EXHI BIT B
I certify that this is a
true and accurate
representation of this
survey as maie on the
gt-ol.lld and that there
are t10 visual encroacturents
except as shown.
2011 EAST LAMAR, SUITE 200 460-2111
1\8L1NGTON. TEXAS 76006 METRO 26~,-7948
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. EDOE L CHEATHAM .
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EXHIBIT 'c'
CONDITIOOS FOR GRANTING EASEMENT
As a condition for Southlake Joint Venture granting the City of
Southlake a 20 I Sanitary Sewer Easement and a 50' working easerrent,
the City of Southlake agrees to include the following in their
project construction documents and/or special conditions:
1. The proposed 20 I easerrent will be designated a 20' sanitary
sewer easerrent, not a 20' utility easerrent.
2. The proposed manhole located in the southwest corner of Timber
Lake Phase I will have a flow line of 600.16 or lower.
3. Effort will be made to save trees whenever possible within the
proposed 20' sani tary sewer easement.
4. Clear-cutting of trees inside the proposed 50' working easement
will not be allowed. Trees inside the 50' working easement
having a diameter of 8", or larger measured 12" above existing
grade, will not be cleared unless approved by South lake Joint
Venture' s representative. All trees outside proposed easements
or designated to remain inside proposed easements will be
protected to prevent the following:
a. Soi I compaction in the root zone area resulting from
vehicular traffic or storage of equipment or materials.
b. Changes of grade of more than 6" under a dripline without
the approval of Southlake Joint Venture's representative.
c. Wounds to exposed roots, trunks or limbs by mechanical
equipment.
d. Strangling by tying ropes or guy wires to trunks or large
branches.
e. Poisoning by pouring solvents, gas, plants, various
chemicals, cement truck cleaning and fires.
f. Drought by cutting or changing normal drainage pattern
past roots.
g. Changes of soil pH factor by disposal on-site of lime
based materials such as concrete, plaster, etc.
h. Roots 1-1/2" in diameter and over will not be cut. All
scars, marks, broken branches, cut roots shall be sealed
and painted with an approved tree protection paint. All
finished pruning must be done according to recognized,
approved standards of the industry by experienced
personnel.
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5. Areas inside the proposed 50' working easeIreI1t having clusters
of trees to remain will be staked and flagged as follCMs:
a. Designated trees shall be protected during construction
with temporary stakes and flagging installed and
maintained by the City of Southlake' s contractor.
Southlake Joint Venture' s representative will direct the
installation of flagging/ staking and approve the final
location of all flagging/staking.
b. Flagging will consist of metal "T" posts spaced 12 feet on
center with fluorescent heavy duty plastic tape between
posts.
c. Staking and flagging shall be installed prior to the
corrmencernent of any site preparation work (clearing,
grubbing or grading).
d. Flagging shall corrpletely surround the tree or clusters of
trees; will be located at the outennost limits of the tree
branches (dripline); and will maintained throughout the
construction project.
e. Where areas of unprotected root zones (under driplines)
cannot be avoided, those areas should be covered with 4
inches of organic mulch to minimize soil compaction.
6. The City of Southlake will delineate the proposed 50' working
and 20' sanitary sewer easement limits on a minimum 100 foot
spacing in areas to be cleared prior to any clearing or
flagging. Southlake' s contractor will call Southlake Joint
Venture's representative, at The Nelson Corporation, telephone
(214) 380-2605, to arrange for inspection and approval of all
flagging and staking.
7. When trees, other than those approved for clearing are
destroyed or badly damaged as a resul t of the contractor's
operations, the final contract arrount due Southlake' s
contractor will be reduced. This reduced arrount will be
determined from the follCMing International Shade Tree
Conference formula: D x .7854 x $20.00, where D (inChes) is
the diameter of each tree destroyed or damaged measured 12"
above grade. Liquidated damages withhled from the contractor
will be paid to Southlake Joint Venture by the City of
Southlake.
8. MY clearing operations in Timber Lake will be perfonned in the
presence of Southlake Joint Venture' s representative.
9. All trash and tree debris will be disposed of off-site. No
burning of debris will be permitted on this site.
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10. Provide barriers to bar the public from entering Timber Lake at
construction access points. Reinstall existing barbed wire
fences irrmediately at the end of the work day and/or install
new barbed wire fence with locked gates. Provide Southlake
Joint Venture's representative a key of all locks.
11. All construction areas to be restored to original grade, and to
be seeded appropriately to revegetate disturbed areas.
Adequate erosion control measures are to be adopted to prevent
short term and long term erosion 0 the disturbed areas.
12. Southlake Joint Venture is to be narred as co-insured on
contractors liability insurance for construction of proposed
facility. The Southlake Joint Venture shall bear no liability
resul ting from construction and operation of subject
facilities.
13. These conditions shall accrue to the benefit of Southlake Joint
Venture and/or assigns.
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