Southview - Easement Use Agreement
rHE STATE OF TEXAS
EASEMENT USE AGREEMENT
COUNTY OF TARRANT
RIGHT-OF-WAY:
That the city of Southlake, herein after referred to as "City, It and
its franchised Utility Companies, herein referred to as "UTI.LITIES, It
do consent and agree to permit Southview HOA , herein after
referred to as "Applicant," to use an easement/right-of-way dedicated
to City, such used for the purposes of Landscaping upon
the following conditions.
I.
That APPLICANT, his successors or assigns shall maintain and keep
in sightly condition all of the easement area and the improvements
situated thereon; and that CITY and UTILITIES shall not become
responsible for such maintenance at any time in the future.
II.
That APPLICANT shall and does hereby agree to indemnify and hold
harmless CITY and UTILITIES from any and all damages, loss or
liability of any kind whatsoever by reason of injury to property or
third person occasioned by its use of the easement/right-of-way or act
of omission, neglect or wrong doing of APPLICANT, his officers,
agents, employees, invitees or other persons, with regard to the
improvements and maintenance of such improvements; and the APPLICANT
shall, at his own cost and expense, defend and protect CITY and
UTILITIES against any and all such claims and demands.
III.
That APPLICANT shall arrange for all activities and improvements
in the easements to be discontinued and/or removed. at the director of
CITY, within thirty (30) days of notification by CITY, that the City
Council has directed the use of the easement by the APPLICANT be
discontinued; and the cost associated with the discontinuing of such
activities, and the removal of such improvements, as well as property
adjacent to the easement/right-of-way necessitated by such
discontinuation of the easement/right-of-way use, shall be borne by
the APPLICANT.
IV.
.
That APPLICANT, his successors or assigns shall not seek
compensation from CITY or UTILITIES for loss of the value of the
improvements made hereunder when such improvements are required to be
removed by APPLICANT.
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This Agreement shall be filed of record in the Deed Records of
Tarrant County, Texas, and shall bind all future owners of this lot
and shall for all purposes be considered a covenant running with the
land,
IN TESTIMONY WHEREOF, APPLICANT executes
Easement/Right-of-Way Use Agreement on this day ~-?~/day of
/,:J~,S' (/ if" , 19 c/'/ .
. ./ .~
this
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BY
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ACKNOWLEDGEMENT ON BACK
10515
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THE STATE OF TEXAS
Corporate Acknowledqement
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for
the State of Texas, on this day personally appeared TOm 1Yl. (Yjfnll.:W~~
known to me to be the person and officer whose name 1s subscribed to
the foregoing instrument and acknowledg d to me that same was the act
of said . i' e NTE{2 NATioNAL- U,S- J tV~/ , a corporation, and
that he executed same for the purposes and consideration therein
expressed and in the. capacity therein stated.
rtl~ER MY HAND
of lL , 199-1-.
>;~:'~-"1~,
~ /-;:~~~.~.~e...~~, CAROLE L. ''''.I,A, LSH
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: ,;" / ~1\ \ " NO~:.j.iY PueiiC i,)
J t<~~;X7iil'i STAfE OF ',EX/',s ~
,. ; , !.r,.,,",'\ , J r,
v;;'r ~""~I k
~'oi\~~;;; My Comm. Exp. Sap, 21, 19',r; K
--;..... .
AND SEAL OF OFFICE THIS THE
~~hAl
day
(P1VJ-U ~U
Notary Public in and for the
State of Texas
My Commission Expires:
0}-~1-9J
rHE STATE OF TEXAS
Individual Acknowledqement
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for
the State of Texas, 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 same for the
purposes and consideration therein expressed.
GIVEN
day of
UNDER
MY
HAND
AND SEAL
, 199_
OF
OFFICE
this
the
Notary Public in and for
The State of Texas
My Commission Expires:
RETURN TO
OFFICE OF THE CITY SECRETARY
CITY OF SOUTH LAKE
667 N. CARROLL AVE.
SOUTH LAKE , TEXAS 76092
10615
0850
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EXHIBIT NO. 1
Being that portion of that certain public utility easement/drainage
easement/right of way situated in SouthView
Addition to the City of Southlake, Tarrant County, Texas, and being
more particularly described as follows:
See Attached
Field Notes from Sempro, Inc.
\0515
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-4:04 SEMPCO,INC.
FAX(817)926-7878
p.02
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SEMPCQ, INC.
SURVEYING - MAPPING - "LANNING CONSULTANTS
~
Jt\l1lee W. 6Arllllll, R.S.
DAvid A. W(Jtson, R.S., U3 L.S
D:lvld A Whitll, R.S.
Fred A. BlIrnell, I-I.S. - Con8l/ItAnl
Don M. Wood. R.S. . COnStlllMt
August 22, 1991
FIEt.D NOTES
(ROW Use Agreement)
All that certain lot, tract or parcel of land located 1n the W. HALL
SURVEY, Abstract No. 695, Southlake, Tarrant county, Texas, being
a portion of that certain tract conveyed to T. J. McHalE! as described
1n deed recorded 1n Volume 4689, Page 279, Deod Records of Tarrant
County, Texas (D.R., T.Co., Tx.), and being more particularly described
by metes and bounds aa tallows:
COMMENCING at an iron rod set, said iron rod beIng in the South 11ne
of Lot 5, Lake Wood AcrE!s Addition, Phase I, as recordeo in Volume
388-139, Page 68, Plat Records, Tarrant County, Texas (P.R., T.Co.,
Tx.), and also being the Northeast corner of Lot 1, Lake Wood Acres
Addjtion, Phase II, as recorded in Volume 388-139, Page 68, P.R.,
T.Co" Tx.;
THENCE North 89 degrees 51 minutes 00 seconds East 999--15/100 feet
to an iron rod set~ and
THENCE South 00 degrees 35 minutes 51 seconds West 508-03/100 feet
to the POINT OF BEGINNING;
THENCE North 89 degrees 57 mjnutes 00 seconds East 248-02/100 feet
to an iron rod set;
THENCE South 00 deg~ecs 35 minuteR 31 seconds W~Gt 60-00/100 feet
to an iron rod set;
THENCE South 89 degrees 51 minutes 00 second~ West 248-02/100 feet
to an iron rod set;
THENCE North 00 degreos 35 minutes 51 second~ East 60-00/100 feet
to the point of beginning and containing 0.341 acre of land.
Compiled from records and
a survey made 011 the ground
11\JanUary, 1990. J
b)~~u .l\J~J
David A. Whjte
R.P.L.S. NO. 1824
\OG\5
0852
EXHIBIT NO. 2-A
The following is a plat or sketch of the utility easement/drainage
easement/right of way to be subject of the joint use agreement in the
above numbered application showing the surrounding area to the nearest
streets in all directions, abutting lots, the block or blocks in which
the portion of the utility easement/drainage easement/right of way
sought to be the subject of joint use is situated, and the addition or
additions in which the portion of the utility easement/drainage
easement/right of way sought to be joint use is situated.
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APPLICATION FOR THE JOINT CITY/APPLICANT USE OF A PORTION OF A
PUBLIC UTILITY EASEMENT/DRAINAGE EASEMENT/RIGHT OF WAY IN
THE SouthView ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
STREET NAME Southcrest Lane (IF APPLICABLE)
DATE:
8-23-91
TO. THE MAYOR & CITY COUNCIL OF THE CITY OF SOUTHLAKE:
The undersigned hereby makes application for the joint use of that
portion of the public utility easement/drainage easement/right of way
situated in the above named addition, and particularly described in
Exhibit No. 1 of the attached agreement. In support of this
application, the undersigned represent and warrant the following:
1.
The undersigned will hold
and indemnify it against all
damages that may arise or
easement/right of way.
the City of Southlake harmless,
suites, costs, expenses, and
grow out of my use of the
2. In the attached agreement marked Exhibit No.2, is a plat
or sketch of that portion of the public utility
easement/right of way sought to be used by the applicant and
the surrounding area to the nearest streets in all
directions, showing the abutting lots and blocks, and the
addition in which the above described portion of such
utility easement/drainage easement/right of way is situated,
together with the record owners of such lots.
3. Also in the attached agreement marked Exhibit No.3, is the
consent of public utilities to such joint use. N/~
4. The reason for the use of the easement/right of way is as
follows:
Landscape area into SouthView Subdivision
5. Such public utility easement/drainage easement/right of way
has been and is being used as follows:
The developer of SouthView has only recently created the right-of-way
by installing Southcrast Lane and subsequently dedicating the road and
right-of-way to the city.
RETURN TO
OFFICE OF THE CITY SECRETARY
CITY OF SOUTH LAKE
667 N. CARROll AVE.
SOUTH LAKE, TEXAS 76092
10615 0855
6. I respectfully request your favorable consideration of th~s
applicat~on for jo~nt use of the easement/r~ght of way
descr~bed and will authorize the execution of the attached
agreement.
Name:
omeowners Association
Signed:
Address:
Dallas, Texas 75240
Telephone: 214-960-9941
THE STATE O~ 1-~XASn
COUNTY OF .~:
:
BEFORE ME, the undersigned authority, on this day personally
appeared ,0 trJ In. /'i} IHTHe:uJS Jll , known to me to be a credible
person and one of the signers of the foregoing application, and who,
after being by me duly sworn, did upon his/her oath, state that the
information contained in such application i~.t~ue and correc~J~~J~2e C
best of his/her knowledge and ~(f;~h-4.~1~,"hl
Notary Public in and for the State of Texas
My Commission Expires: 1-~/-1J
Notary Seal:
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'; \"" \ \2~ tJ!* STATE OF T:::X.AS ;
j, '~.~>.~..;~ ~
'"lo ...."..~--~ .., "'\.
. .'..::.~..!.!:. mY Cornm. ~XP. 8€'p. 21. 1991.
~~~~_-:;"I':-_t"'"<.~ ______'"~......-....._:..-~~-}-"
\0515
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D192079900
CITY OF SOUTHLAKE
667 N CARROLL AVE
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
192174617
REGISTER
DR93
PRINTED DATE TIME
04/28/92 10:23
1
INSTRUMENT FEECD
D192079900 WD
FILED TIME
920428 10:23
CG
TOT A L
DOCUMENTS: 01
FEE S:
22.00
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.
1""''-
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