Southlake Estates (Lot 10, Block 1) - Drainage Easement
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OFFICIAL RECORD
CITY OF SOUTHLAKE
DRAINAGE EASEMENT
COUNTY OF TARRANT
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KNOW ALL MEN BY THESE PRESENTS:
THE STATE OF TEXAS
That I, MICHAEL N. BENTON, for and in consideration of the sum of Ten
($10.00) 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 drainage improvements in, into, upon, over, across and under that land in
Tarrant County, Texas, described as follows, to-wit:
a 25 foot wide permanent drainage easement as more particularly described
in attached Exhibit "A" setting forth the metes and bounds description and
attached Exhibit "B" setting forth the 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 any easements granted herein
any temporary or permanent structures, and it is further agreed that Grantee shall have
the right to excavate and fill upon said permanent easement and to remove from said
permanent easement, any fences, buildings or other obstructions as may now be found
upon said permanent easement. Grantor has this day additionally granted, sold and
conveyed and by these presents does hereby grant, sell, and convey to Grantee an
additional contiguous temporary construction easement for a period of one (1) year for the
purpose of installing drainage improvements on the property. Such temporary easement
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shall include the right to excavate and fill upon said temporary easement, but Grantee shall
replace any fences or other fixtures upon said temporary easement 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.
This easement is further subject to the following terms and conditions:
1. Grantor hereby consents to the construction of a single 5' x 3' RCB culvert
underneath Shady Oaks Drive adjacent to the drainage easement. Grantor hereby further
consents to the construction of a drainage swale which will be excavated and will extend
approximately 80+ feet onto Grantor's property located at 615 Love-Henry Court in
Southlake, Texas (the "Property") and within the drainage easement. The drainage swale
will be filled with rock rip-rap for approximately the first 30 feet and the remaining
approximately 50+ feet will be sodded with bermuda grass. The drainage water will be
permitted to flow east upon exiting the drainage pipes under Shady Oaks Drive and the
rock rip-rap in the drainage easement. The cost of the above construction shall be borne
by the Developer of Southridge Lakes Phase V (the "Developer"), at no expense to
Grantor.
2. Grantee will be responsible for repair of any damages to the Property caused
by any increased tlow of water over the Property. Grantor will be responsible for normal
maintenance, such as mowing, within any portion of the drainage easement which is left
in its natural condition and not otherwise improved with structures, in accordance with
Grantee's drainage ordinance.
3. The Developer will fill and sod the existing drainage area after the new
drainage area is constructed as provided above.
4. Grantee represents to Grantor that the drainage improvements provided
above will allow for the adequate flow of water without any water damage to the residence
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on the Property excepting the 100 year event rainfall. In the event that, as a result of
these improvements, normal rainfall poses a threat to the residence on the Property,
Grantee will take immediate corrective action at its sole expense.
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 do hereby 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 part thereof. .
EXECUTED this the S- day of ~ ' 19~.
~77~~
Grantor
ACKNOWLEDGMENT
STATE OF TEXAS ~
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COUNlY OF TARRANT ~
BEFORE ME, the undersigned authority in and for said County, Texas, on this day
personally appeared MICHAEL N. BENTON 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.
~. . . G,WEN UNDER MY HAND AND SEAL OF OFFICE, this L. day of
(A.. , 1993.
,j~ X td1u~.
otary Public in and for the
State of Texas
SMDIA L LElUffD
NOTARY PUBLIC
State of Texas
COnun.E.p.oa~'7
My Commission Expires:
Type or Print Notary's Name
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CLERK'S CERTIFICATE
STATE OF TEXAS ~
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COUNTY OF TARRANT ~
I, , County Clerk of the County of Tarrant, do
hereby certify that the foregoing instrument of writing dated on the _ day of
, 19_, was filed for record in my office on the day of
, 19_, at _ o'clock _.m., and duly recorded this day of
, 19_, at o'clock _.m. in the Deed Records of Tarrant County,
in Volume on pages
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County,
at office in , the day and year last above written.
County Clerk, Tarrant County, Texas
By:
Deputy
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EXHIBIT "A"
25' DRAINAGE EASEMENT
Being a 25 foot wide drainage easement located across Lot 10, Block
1 of Southlake Estates, an addi tior1 to the ci ty of Southlake,
Tarrant County, Texas, according to the plat recorded in Volume
388-75, Page 8, Plat Records, Tarrant County, Texas:
BEGINNING at a point in the cornman Ea~t line of Shady Oaks Drive
and West line of aforesaid Lot 10, Block 1, said point bears North
35-0/10 feet along said common line from the Southwest corner of
said Lot 10.
THENCE departing said cornman line and Shady Oaks Drive, North 89
degrees 24 minutes East 265-0/10 feet to a point for corner in the
East line of said Lot 10;
THENCE with said East line of Lot 10, SOUTH 25-0/10 feet to a point
in said east line for corner;
THENCE departing said East line South 89 degrees 24 minutes West
265-0/10 feet from and parallel with an existing 10' Utility
easement along the south line of said Lot 10 to a point for corner
in aforesaid cornman line of Shady Oaks Drive and West line of Lot
10;
THENCE with said cornman line NORTH 25-0/10 feet to the place of
beginning and containing some 0.1521 acre of land.
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D193078000
CITY OF SOUTHLAKE
667 N CARROLL AVE
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
193183252
REGISTER
DR92
PRINTED DATE TIME
04/27/93 09:21
1
INSTRUMENT FEECD
D193078000 WD
FILED TIME
930427 09:21
CG
TOT A L
DOCUMENTS: 01
FEE S:
16.00
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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.
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