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A-1620 (Shivers) w ~. ~ CITY OF SOUTHLAKE PERMANENT SEWER & WATEQLI~~ASEMENT THE STATE OF TEXAS COUNTY OF TARRANT .., "'. ?~... -,C , " ,(, KNOW ALL MEN BY THESE PRESENTS: THAT I, SHIVERS FAMILY PARTNERSHIP, for and in consideration of Ten ('bIO.()!)) 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 South lake, Grantee herein, of Tarrant County, Texas a permanent and perpetual Easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating Sewer and Water Lines in, into, over, upon, across and under that land in Tarrant County, Texas described as follows, to-wit: Being J rcrnwllClll Sc'.\ cr and \\";llcr Llll~ Easement, described as follows: See attached Exhibit 'A' for graphic depiction See attached Exhibit 'B' for metes and bounds description together with the lighl of ingress and egress as Ilcccssan Cor snch fHlrposcs ,\- funhl'r cO!lsiderarion I'lli' granting this casement the Cit~. of Southlakc will waiye the Watcr and Scwc.' tap fCl' rOl' one Scwl'r tap and On(' \Vater Tall upon thc suhjcl't property. TO HA VE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, 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 _5" day of /~ .kl; , 2002 i. .' 1// i'l 01'1 j ., ,', r-' . / - .A,-t.;,re-t4_/ { - " / BEFORE ME, the undersigned authority, on this day personally appeared.-JG-r 0 l ( t3 k , ".fer s known to me to be the persons whose name are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purpose and consideration therein expressed. GIVEN under my hand and seal of office on this the )- ~ 'day of . j ~)l V 2002. , <: ~J--h) ./ I ~', c~d-Jc_{-"-'''' -;::> ;' Notary Public in and for the State of Texas My commission e~pires: 1/ /y~ l~ fhb.s.j;;Ce.)- . " ~ D.E. EKSTROM _ MY COMMISSION EXPIRES NOVEMBER 4. 2005 Shivers Water and Sewer line easement.doc - -..-----".... .._. .-.--.----.-..---- .--......------------'""'"- EXHIBIT "A" 15' PERMANENT SANITARY SEWER & WATER LINE EASEMENT 16,631 Square Feet (0.382 Acre) \ I ' j Westerra South I ake, lP \ f , I ~3030 LBJ Freeway Suite 150~ ,I Do II as. TX 75234 ' 589-33'51"E j: Volume 12615. Page 339 \ 1 3. 07' , .. \ POB' 'I \ ~.IRr., - - - - - - - _ _ _ _ ---J , ~~ \ N01- 35' OO"EI ~l~" \ 84.31' jf:l;1l~!"~ \ NOO.16'26.~~'~~ ",~~1 \ 190.70'~r.:~ ~~ ~ \fo~~ \, .------.~ rnll ~~~~ ~G. \ : ~:f ~ 't .--0 ~\J). \.' N01- 02'24 "w' <'"lff.~" ~ ~~\~~ \ , . O. ... t\I t\I 233. 80 ~..... N ~ \ ~61~~ \ J ~~" ~ 510-15'24"E '. N10-15'24"wi ~11. ~144.91' \ 144.22~,;y Shivers Farni Iy Partnership \ I , .:~ 5808 Dana Dr i ve \ ..-': : tt Fort Worth. TX 76117 \ ./' I I '0'~ Volume 14699. Page 53 .. .. ,"'Il" \ /' . o',J_"" N0'4 - 11' 411 ;"~E ;. ~ .'....'.....' "II" Q) \ y ~- ii' ... If') . 253. 16' . : III F i \ I ! '11 ~- t\I 501- 02' 24"E \ . & 207.92' " 'l.."'.' In, \ 6 . , flY J. Michael Utley . - - - - - - - - J i -!J and wife. Rebecca S. Utley N01-02'24li*1.W' ~.;.,'..J..... 1824 Blrchwood Drive 207 74' ~ii Fort Worth. TX . .! (.;1 Volume 8196. Page 1316 N87;:~~~P"~-0-.. - ~ , II . II I L..I. _ _ . _ . . _ _ .1_ . . _ . . -.-----.1 II --_____.._.._.._.__..__.____ I I 0 100 200 400 I I' ~ ~ ~ ~ ~ ~ 4- ~ ~ o . ~ ~ l'\ ~ \ (IN FEET ) 1 Inch . 200 ft. Not., ALL BEARMGS BASED ON SlIVERS FAAa. Y PJRTNERSIIP TRACT (VOL. UB99. PO. ~) c '" u vi 5 > 1: v> !, E:ddle L. Cheatham of CHEATHAM AND ASSOCIATES. a Regl.tered Pref...lonal land Surveyor of the State of T .xaa. do hereby d.clar. that the calculation.. graphic depiction and legal de.crlptlone of thI. ....v.y ..r. prop.rly prepar.d omor my penonaI ~"'IsIo~IuaI....yoy mad. an tho ground. 7~ ~ S; /~!D7... Regl.tered Profe..lonal LCl'td Surveyor No. 2348 CHEATHAM AND ASSOCIATES 1801 .. LQWI BLVD '200 .muHG'l'ON. DDS 78011 D'I'BO (a17) 281-8888 (a17) 641-0888 -' <:l -' " .. -;;; E ~ >-. ~o>- ~~. co ... ,",0 , 0", -".... o~.... ~is "'.... 0.. re me, the undersigned authority, on this day personally appeared known to me to be the persons whose name are subscribed to the foregoing ins and acknowledged to me that they executed the same for the purpose and consideration therein expressed f ,2002. GIVEN under my hand and seal of office on this the_ Notary Public in and for My commission expires: .}k 1 I 2007- Accepted by the City of South lake, this the ~ day of IV OV~ ber , A.D. ~ Baux ~ (VI rur. 0 r The City of South lake, Texas RETURN DOCUMENTS TO: GRANTOR Jeroll Shivers 1800 N. White Chapel Rd. South lake, TX. 76092 GRANTEE City of South lake Valerie Bradley 1400 Main Street, Suite 320 South lake, TX. 76092 Shivers Water and Sewer line easement.doc 2 0"_ "0__'_"""'_'__' ._~.,._..___.._.___________,.______..__._.~~~_'___ EASEMENT AMENDMENT As further consideration for the easement hereto attached, construction of said sewer and waterlines: J. The City of South Jake will issue a letter of intent to build said water and sewer lines. 2. Sewer and Water line Contractors will clean out only what is needed to construct said sewer and water lines 3. The grade of easement will be maintained and will not be lower than the existing grade upon completion of installation of said sewer and water lines. 4. Large Poles Set By the Owner of the Subject Property will not be disturbed. Damage assessment to said poles during the construction of said water and sewer lines is $500.00 per pole. 5. There is no change to the Property Owners deed. 6. This easement is granted for the sole purpose of One Water Line installation and One Sewer Line installation and maintenance thereof only. EXHffiIT 'B' 15' PERMANENT SANITARY SEWER & WATER LINE EASEMENT Field Notes BEING a 0.382 acre (16,631 square feet) tract ofland situated in the JAMES WEST SURVEY, ABSTRACT No. 1620, in the City of South lake, Tarrant County, Texas, and being a strip ofland over, through, and across the remainder of that certain 27.073 acre tract ofland described in a Special Warranty Deed dated January 151\ 2001 from The Shivers Family Trust to The Shivers Family Partnership, LTD. as recorded in Volume 14699, Page 53 of the Deed Records of Tarrant County, Texas, and being more particularly described in metes and bounds as follows: BEGINNING at a 3/8" iron rod found, being the northwest comer (calls point) of said Shivers Tract, being the southwest comer (calls point) of that certain 10.123 acre tract of land described as Tract 1 in a Special Warranty Deed dated November 2t\ 1996 from Westerra Timarron, L.P., a Delaware Limited Partnership to Westerra Southlake L.P., a Delaware Limited Partnership as recorded in Volume 12615, Page 339 of the Deed Records of Tarrant County, Texas; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE N. 89033'51" E., 13.07 feet along the north boundary line of said Shivers Tract, and along the south boundary line (calls N. 89059'01" E.) of said W esterra Tract to a point for comer; S. 00016'26" E., 274.78 feet departing from said Westerra Tract, and departing from the north boundary line of said Shivers Tract to a point for comer; S; 01002 '24" E., 232.42 feet to a point for comer; S~ 10015'24" E., 144.91 feet to a point for comer; S. 04011'41" W., 254.38 feet to a point for comer; S. 01002'24" E., 207.92 feet to a point, being in a south boundary line of the remainder of said Shivers Tract, being in the north boundary line of that certain 1.000 acre tract ofland described in a Warranty Deed dated December 23rd, 1986 from Claude L. Shivers and wife, Alno Bailey Shivers to J. Michael Utley and wife Rebecca S. Utley as recorded in Volume 8796, Page 1316 of the Deed Records of Tarrant County, Texas, for comer; N. 87045'10" W., 15.02 feet along a south boundary line of the remainder of said Shivers Tract, and along the north boundary line (calls S. 87035 '00" E.) of said Utley Tract to a point for comer; N. 01002'24" W., 207.74 feet departing from said Utley Tract, and departing from a south boundary line of the remainder of said Shivers Tract to a point for comer; N. 04011'41" E., 253.16 feet to a point for comer; N. 10015'24" W., 144.22 feet to a point for comer; N. 01002'24" W., 233.80 feet to a point for comer; THENCE THENCE N. 00016'26" E., 190.70 feet to a point, being in the west boundary line of said Shivers Tract, for comer; N. 01035 '00" E., 84.31 feet along the west boundary line of said Shivers Tract to the POINT OF BEGINNING, containing 0.382 acre ofland. G:\OO 1-471 lesmls\471-LGL-SHIVERS.doc _,o.o_.._.4!.,___'',...._. ~ D202325647 CITY OF SOUTHLAKE VALERIE BRADLEY 1400 MAIN ST 320 SOUTHLAKE TX 76092 -vt A R N lNG-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY I N D E XED -- 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: KANDEE ENT RECEIPT NO 203060297 REGISTER DR92 RECD-BY D W PRINTED DATE TIME 11/13/2002 08:25 1 INSTRUMENT FEECD D202325647 WD INDEXED TIME RECVD 20021113 08:25 CK 5932 TOT A L DOCUMENTS: 01 FEE S: 19.00 B Y: L~~ 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.