A-525 (Ivester)
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CITY OF SOUTHLAKE
DRAINAGE EASEMENT
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RECORD
THE STATE OF TEXAS ~
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COUNTY OF TARRANT ~
That We,hn~/C D. ~~~~ ::;; ..L/e.:,'1ez , GRANTOR herein, for
and in consideration of [he sGm of Thirty-nine thousand ($39,000) Dollars and
other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE,
home rule municipal corporation of the County of Tarrant, State of Texas,
GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and
confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent
and perpetual drainage easement for the purpose of installing, repairing,
maintaining, altering, replacing, relocating, rebuilding, removing, and operating
drainage facilities in, into, upon, over, across, under and through all that land in
Tarrant County, Texas described as follows, to-wit:
SEE ATTACHED EXHIBIT II A" for graphic depiction;
SEE A TT ACHED EXHIBIT" B" for metes and bounds depiction;
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 drainage easement 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 drainage easement and to remove from said permanent drainage
easement, any fences, buildings or other obstructions as may now be found upon
said permanent drainage easement.
It is further intended that the Permanent Drainage Easement herein granted
to the GRANTEE shall run with the land and forever be a right in and to the land
belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant
is expressly excepted from any right of reversion of said premises under any prior
deeds in GRANTOR's chain of title. The Permanent Drainage Easement, rights and
privileges granted therein are exclusive, and GRANTOR covenants that it will not
convey any other easement or conflicting rights within the area covered by the
grant to any other person or entity.
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It is further understood that the City will construct drainage improvements.
according to the attached Exhibit 1I C". GRANTOR or GRANTOR'S successors shall
have the right to utilize area within said drainage easement for improvements that
will not impede or divert drainage and/or negatively impact upstream or
downstream drainage. GRANTOR or GRANTOR'S successors shall have the right
to revise the limits of the drainage easement upon submittal of a drainage study by
GRANTOR or GRANTOR'S successors to the City for review and approval. The
drainage study shall be utilized and reviewed by the City to verify that future
revisions to the drainage easement described herein do not adversely affect the
upstream or downstream properties. The City will mitigate the tree removal
necessary to construct the drainage improvements. The City will plant 15, 3"
caliper trees (type and location to be specified by GRANTOR) within GRANTOR'S
subject property. All areas disturbed by the construction shall be restored to
original or better condition. Restored items include but are not limited to planting
of grass, repair of fences, trench backfill, side slopes, and driveways.
TO HAVE AND TO HOLD the above described permanent drainage easement
with the right of ingress and egress thereto, together with all and singular the
rights and appurtenances thereto in any wise belonging unto GRANTEE, its
successors and assigns, forever, and GRANTOR does hereby bind himself, his
heirs, successors and assigns to warrant and forever defend, all and singular, the
said premises unto the GRANTEE its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, this instrument is executed this c>Z./
SA-rJV~7 ' 2000.
day of
GRANTOR
ACKNOWLEDGEMENT
STATE OF TEXAS ~
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COUNTY OF TARRANT ~
BEFORE ME, the undersigned authority in and for said County, Texas, on
this day personally appeared f=,v\D{1-'r .ct- It\N2-.Lc,,-rc lUll SfL..2.-- , known
to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was executed for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
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My Commission Expires:
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Typed or Printed Name of Notary
RETURN TO:
CITY OF SOUTHLAKE
OFFICE OF CITY SECRETARY
1725 EAST SOUTHlAKE 8()tJ1n
SOUTHlAKE. TEXAS 76092 ~RD
EXHIBIT "A"
A VARIABLE WIDTH DRAINAGE EASEMENT SITUATED IN THE S FREEMAN SURVEY,
ABSTRACT NO. 525. TARRANT COUNTY. TEXAS,
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LOT lR, BLOCK A
ST. LAURENCE EPISCOPAL CHURCH ADDITION
CAB. A, SUDE 3900
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S89054'05"E
81.31'
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STEPHEN T. HAGAR
VOL. 5885, PG. 82
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100 FEET
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EXHIBIT "B"
PROPERTY DESCRIPTION
BEING a 0.2730 acre portion of a tract ofland situated in the S. Freeman Survey, Abstract No. 525,
Tarrant County, Texas, conveyed to Emory O. Ivester et ux Marlene J. Ivester as recorded in Volume
9974, Page 1168, Deed Records of Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
COMMENCING at a 60d nail found at the northwest corner of said Ivester tract in Kimball Road;
THENCE S 890 54' 05" E, long the north line of said tract, 30.00 feet;
THENCE S 000 05' 34" E, 81.38 feet to the POINT OF BEGINNING of the hereinafter described
tract of land;
THENCE N 51027' 46" E, 130.17 feet to a point in the common line of said Ivester tract and Lot 1 R,
Block A, of the St. Laurence Episcopal Church Addition, recorded in Cabinet A, Slide 3900, Plat
Records of Tarrant County, Texas;
THENCE S 890 54' OS" E, along the aforementioned common line, 81.31 feet to a point;
THENCE S 41029' OS" W, 116.44 feet to a point;
THENCE S 580 51' 44" W, 123.71 feet to a point;
THENCE N 000 05' 34" W, 70.24 feet to the POINT OF BEGINNING and containing 11,891 square
feet or 0.2730 of an acre ofland.
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0200039548
OFFICE OF CITY SECRETARY
1725 E SOUTHLAKE BLVD
SOUTHLAKE TX 76092
A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
I N 0 E X E 0 -- 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
200143282
REGISTER
DR2A
RECD-BY
LW
PRINTED DATE TIME
02/25/2000 16:05
1
INSTRUMENT FEECD
D200039548 WD
INDEXED TIME
20000225 16:05
CG
TOT A L
DOCUMENTS: 01
FEE S:
19.00
B Y:
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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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