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A-797 (2) (2) -itJ ~ ~ CITY OF OOUTHLAKE STANDARD UTILITY FJ\SEMENl' PERMANENI' AND TEMPORARY 'IRE grATE OF 'lEXAS COUNl'Y OF TARRANl' KNCM ALL MEN BY 'IHESE PRFSENl'S: That (."l (\/")1~~~ for am in consideratlon of e sum of Ten ($10) Dollars other good and valuable consideration in haOO paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged arrl confessed, have granted, sold ani conveyed, am by these presents do grant, sell am. convey to the CITY OF roU'lHIAKE, Grantee herein, of Tarrant County, Texas a permanent and perPetual easement for the pUrPOse of installing, repairing, maintaining, altering, replacing, relocating, am operating utilities in, into, upon, over, across am urrler that larrl in Tarrant County, Texas described as follows, to-wit: Permanent utility Easement: See attached Exhibit 'A' for mates arrl bourrls description See attached Exhlbit 'B' for Graphic depiction together with the right of ingress arrl egress as necessary for such purposes, arrl an ad::H tional contiguous temporary construction easement for a period of one (1) year for the purpose of installing utilities on the property known am. described as follows: to-wit: Tertlp)rary Construction Easement: Irnnediately adjacent to the above described easement in a configuration as shown on the attached Exhibit 'B'. Such temporary easements am permanent easements shall include the right to excavate up:m such property, but Grantee shall replace any fences, improvemants, or other fixtures upon said property without cost to Grantor, or current owner thereof, arrl shall restore the property, the Subject of the tem{:orary easement, as nearly as possible to its corrlition prior to entry thereon. See Adderrlum to Easement for additional coOOitions. 'IO HAVE AID 'IO WW the above described easement, together with all arrl singular, the rights arrl awurtenances thereto, anywise belonging unto the said Grantee, its successors arrl assigns forever; arrl I/We do hereby certify that I/We are the owners of the property described herein am. birrl myself/ourselves, my/our heirs arrl assigns, to warrant arrl to forever defend all am singular the premises unto the said Grantee, its successors am. assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. EXECUTED this the I ~\- day oa-\.M-.Q..... Q~ Page One of Two 09955 0326 " , ~ ., " ~ 'lliE STATE OF 'lEXAS cx)UNI'Y OF TARRANI' A~ rity, on this day personally appeared . known to Ire to be the person(s) s) 1 are subscrlbed to e foregoing instr\.1IOOI1t, am acknowledged to me at he/she/they executed the same for the purposes am consideration therein expressed. Gr;;J uroer II!f han:'! -r of office on this the / day of ~ , A.D. 19/0. ~~~~ Nota ~c ln or e State of Texas My oomnission expires: (/)r Pbu -2(;,. /77"'- '" t,.ed- by the City of ~thlake, , A.D. l~. _ __It 'lit, - ~,,,,,-- T H L A ""1: ~t\.~' "6~ ~.e.." ........."". is! l.. <1 .*.... ....~. '" ~ "'" " '. ". \v ~<;:) .. '. -- . - . . ,.- . =>-: \,c!!R it-: ::a.~ -.,,-- :",! ~v.. : .: ~ .... ..- ~ ~ ..... ..... ~ ~ ........ ~~ ~,,' .. * .. 1/,\\\,,,, "II'''"Ill''''''\~ this the II day of RErURN JXX::UMENrS 'IO: CHEATHAM & ASSOCIATES 1170 Corporate Drive West, Suite 207 Arlington, Texas 76006 Page '!Wo of '!Wo 09955 0327 SOLAKE.S-6 4/06/90 EXHIBIT 'AI Parcel #31 Southlake Sanitary Sewer S-6 Tract 2, Abstract 797 Tracts 10, 20, Abstract 432 (Mobil-South of Continental) BEING a tract of land out of the Barnett & Hollingsworth Survey, Abstract 797, and the M. W. Daventx>rt Survey, Abstract 432, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: The following is the centerline description of a 20' wide permanent utility easement; BEX;INNING at a tx>int in the center of an existing 12" Big Bear Creek Sanitary Sewer Interceptor (June 1983) (Station 79+80.47); being in a tract described in deed to Tatu Properties as recorded in V. 7056, P. 523, ORTCT; THENCE N06005'22" W at 183.0 feet crossing the centerline of Big Bear Creek, continuing in all a distance of 218.24 feet to a point for a deflection in a tract recorded in deed to William C. Bell according to the deed in V. 6677, P. 584, ORTCT; THENCE N02030'S9" W a distance of 172.39 feet to a point for a deflection; THENCE NOSo51I08" E a distance of 489.12 feet to a point for a deflection; THENCE N85051'31" W a distance of 417.69 feet to a point for a deflection; THENCE N450 56 I 25" W crossing the south line of a tract described in deed to Joe L. Wright as recorded in V. 7018, P. 1179, ORTCT, continuing in all a distance of 439.61 feet to a point for a deflection; THENCE N030 57 ' 31" E a distance of 113.20 feet to a point for a deflection; THENCE N41033129" E a distance of 198.76 feet to a point for a deflection; THENCE N030 50' 38" W a distance of 302.19 feet to a point for a deflection; THENCE N290 36' 26" E a distance of 291.08 feet to a tx>int for a deflection; THENCE N50057105'' E a distance of 262.12 feet to a point for a deflection; TIiE:l'a N37016 153" E a distance of 273.08 feet to a point for a deflection; THENCE NOoo33 156" E a distance of 233.51 feet to a tx>int for a deflection; THENCE N15053149" W a distance of 300.13 feet to a point for a derl~tion; THENCE N09024 100" W a distance of 344.17 feet to a point for a deflection; THENCE N03033 '25" Wa distance of 263.64 feet to a tx>int for a deflection; 09955 0328 THENCE 589033'49" E a distance of 214.75 feet to a point for a deflection; THENCE NOOo02'18" E crossing the apparent south R.O.W. of E. Continental Blvd. and the north line of said Wright tract, continuing a distance of 56.39 feet to a point for the end of said easement, said point being in the center of East Continental Blvd. (from which a found 5/8" iron pin for the southwest corner of a tract by deed to Joe Wright as recorded in V. 7303, P. 572, DRTCT bears N85050'14" W a distance of 365.46 feet); This easement dedication excludes any property within the existing R.O.W. of E. Continental Blvd. 09955 0329 ~9!.__ A - T9T JOE WRIGHT I I I V. 7303, P.572 TR 68 I I I I I 1 I I '-_ ~__ 17 8i:i>1J. TN 6 ~.~7RTN \ 16 t" " ~. 15 \1\ ~t-'l'I'~' :24 III \ ~I. ~~. \\ ~ .+.~. ~\\ lil 1.l.. . ;J I _1 __;42 erR ~ 281 13 ~~ -- ~~ ~~ 4' II ~ ,i7 ~~0TR ~ bf 2 ~o '31 4& o ~ ~ 0o\; ~ I ~ ~ '\~~ (''I JOE L. WRIGHT ~'Oc, (j' I h 9 V. 70/8, P.//79 ~\l\ 8 t50'TEMPORARY CONSTRUCTION EASEMENT (Adjacent to permanent easement) ~~~, 7 \ 20' PERMANENT "'.i.. } A _,..~TILrTY EASEIoENT ~:. . ( TR WILLIAM C. BELL :5 II : V. 6677, P. 584 //11 \ TN /8 ~-{ CITY OF i ~ 7 SOUTHLAKE 0<(.... ~ h l' '3 ~O.rJ;~ ~"' ~~~crrY L1"T U~"- ,81 ,~ ~ ~ ~. \;~ <.,<(.~(j'" rR '''' . P.O.B. TN 2D t..,,\ ~. 0':; CITY OF COLLEYVILLE { . ~ ~ro PR~ERn~,N.II. 1(7056, P. 523 EASEMENT ct DATA :/} r' &- : \)~I --~-'- I- N 06005'22"W-2IS.241 2. N 020301S9"W -172.391 3' N 05051'OS' E -489.12' 4. N 850SI'31" W- 417.69' 5'N 450 56'2S'W -439.61' 6' N 03057'31"E - 113.20' 7'N41033'29"E -198.761 8' N 03050' 38" W -302.19' 9. N 29036126" E -291.08' 10'N5C)OS7'OS"E -262.12' II .N 37016'53" E - 273.0S' 12'N 000 33156" E - 233.51' 13'N 15053149"W- 300.13' 14 'N 09024' OO'W -344.17' 15 · N 03033' 25" W -263.64' 16-589033'49' E -214.751 17'N 00002' 18" E -56.39' TN I '\'\ ~~ 0'V-~ I L__ Arlington Surveyin9 a Moppin9 Public Surveyors EXHIBIT 'B' . I certify that this is a true and accurate representation of this survey as naie on the ~otlld and that there are no visual encroachnEnts except as shown. 20' PERMANENT UTILITY EASEMENT 50 I TEMPORARY CONSTRUCTION EASEMENT 2011 EAST LAMAR I SUITE 200 460- 211I ARLINGTON. TEXAS 760Q6 METRO 26~ -1948 09955 0330 ~ ,!~ ~,~ j I' ~--I ~ I I "'" I 1 ~ II l__ A -81>> A-59/ I I J I I ) ~ SCALE: I'~ 400' rR 211 TN2 28 TN 2J. tI ~ I... ~~ TN oJ ~ rN 4 DATe: ADDENDUM TO CITY OF SOUTlll.AKE STANDARD UTll.JTY EASEMENT PERMANENT AND ffiMPORARY This Addendum to City of Southlake Standard utility Easement Permanent and Temporary (this "Addendum") is attached to a City of Southlake Standard utility Easement Permanent and Temporary (the "Easement Document") execute\ by Bear Creek Communities, Inc. ~ . t ("Grantor") dated ~\"'Y"\ ~ ' 1990, convey long an easemen ("Easement") to the City 0 Southlake ("Grantee"). If the terms of the Easement Document conflict with the terms of this Addendum, then the terms of this Addendum shall control. 1. Purpose. The Easement is for the sole purpose of placing, operating, maintaining, and replacing an underground sanitary sewer line within an easement that is 20 feet wide and located as set forth on Exhibit A to the Easement Document. 2. Construction. Before construction within the Easement commences, Grantor, its successors and assigns, shall review and approve (i) the final plans with respect to the sanitary sewer line to be placed within the Easement and (ii) the position and alignment of the Easement in the field. 3. Clearina of the Easement Area: Trees. Grantee shall give Grantor at least one day's prior written notice before it conducts any clearing operation within the Easement area so that Grantor may have a representative present during such clearing operation. During the construction and maintenance of the Easement, Grantee shall take all reasonable efforts to save existing trees. Grantee shall not conduct "clear cutting" operations within the Easement area. Grantee shall give Grantor a reasonable time before the commencement of construction to mark all trees within the Easement area that Grantor does not want cleared or killed by other action of Grantee. Grantee shall not clear or kill any trees so marked; however, if it is necessary to the reasonable operation of the sanitary sewer line located within the Easement to clear or kill any tree marked by Grantor, then Grantee shall notify Grantor thereof and Grantor and Grantee shall negotiate in good faith to resolve such matter. 4. Maintenance of Easement Area: Manholes. After any construction and maintenance operations within the Easement area, Grantee shall (i) repair the Easement area to its original grade, (ii) repair any improvements damaged by such operations, (iii) plant grass in any area in which dirt has been exposed as a result of such operations and water the grass until it is established (as reasonably determined by Grantor), (iv) remove all trash and debris resulting from such operations, (v) take other actions reasonably necessary to prevent erosion of top soil in the Easement area. Grantee shall not dispose of any chemicals or other products within the Easement area. 5. Barriers to Public Ent~. During all times that Grantee's agents, employees, or representatives are occupying the Easement area, Grantee shall erect and maintain barriers reasonably calculated to prevent third parties from entering the Easement area. 6. Grantor's Use. Grantor, its successors and assigns, reserves the right to make all use of the Easement that is not inconsistent with Grantee's use ther~of, including specifically, but without limitation, constructing or maintaining improvements such as a golf course, trail systems, roads, walkways, lakes, ponds, or other improvements over or along the Easement. 7. Abandonment. The Easement shall terminate if Grantee ceases to use it tor the purposes herein stated for a p~riod of more than twelve (12) consecutive calendar months. THE C~KEp By: 4-.. Its: \mob371\mobdoca\.ddcaaue.p&t 09955 0331 . -, U 1 ~UU"~(;$ /(;$~ CtlLA I HAM 0: A::Y.:;jUC ll/U CURPURA1L UR W ~~U/ At"':L1NG I UN, I X /bUUb -W A ~ N 1 N G-~Hl~ l~ ~ARI U~ IHL U~~lC1AL ~LCU~U--U U NUl UL~lh:UY ~ 1 L I;;. U -- I A ~ ~ A N I C U U N I Y 1 I;;. X A ~ ~ U ~ ANN L H L NUL ~ ~ U N -- CUUNIY CLLRK U ~ ~ I C I A L ~ I;;. C L I ~ I U: CIIY U~ ~UUIHLAKI;;. RL.CLlI'" I I\IU 1~Ul~~4StJ t<LG1S I U< U J< ~ ~ ~~lNILU UAIL 11ML ub/lb/~u 14:~b 1 lNSI~UMLNI ~LLCU Ul'?UU~o;o'7 WU AMUUI\II lS.UU ,. 1 LLLJ ~UUblb 11MI;;. 14:~b CK ~OS.j I U I A L LJUCUI'1LI\II S: U1 t. L LS: l.j.UU lJ Y: ~ ANY ~RUVISIUI\I WH1CH ~LS1~lC1S IHI;;. ~ALL ~LNIAL UR U~L UJ" I HL ULSU<llJLU h:LAL l'HUi'L!": 1 Y \;jI;;.CAU~L Ul CULUR Ub: t<ACL IS INVALIU ANU UN~U~CLA\;jLL UNLJLR ~LLJLRAL LAW. ~ . -...... ...'........