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A-797 (2) (4) _/J CITY OF OOUTHLAKE STANDARD UTILITY F.ASEMENT PERMANENI' AND TEMPORARY '!HE srATE OF 'lEXAS COUNI'Y OF TARRANI' KNCW ALL MEN BY 'IHESE PRESENTS: That ~ (\fc)I~~~~ for am in consideratlon of the sum of Ten ($10) Dollars am other good and valuable consideration in hand paid by Grantee herein, the receipt am sufficiency of which is hereby acknowledged am confessed, have granted, sold arrl conveyed, am by these presents do grant, sell am convey to the CITY OF OOU'IHLAKE, 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 umer that lam in Tarrant County, Texas described as follows, to-wit: Permanent utility Easement: See attached Exhibit IAI for metes am boums description See attached Exhibit IB' for Graphic depiction together with the right of ingress am egress as necessary for such purposes, and an additional contiguous temporary construction easement for a period of one (1) year for the purpose of installing utilities on the property known and descr ibed as follows: to-wit: Temporary Construction Easement: Immediately adjacent to the above described easement in a configuration as shown on the attached Exhibit IB'. Such temporary easements am permanent easements shall include the right to excavate upon such property, but Grantee shall replace any fences, improvements, or other fixtures upon said property without cost to Grantor, or current owner thereof, am shall restore the property, the subject of the temporary easement, as nearly as possible to its condition prior to entry thereon. See Addendum to Easement for additional conditions. 'ID HAVE AND 'ID HOLD the above described easement, together with all am singular, the rights am appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and I/We do hereby certify that I/We are the owners of the property described herein am bind myself/ourselves, my/our heirs am 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. EXB:UTED this the l ~\- day o~~ Q~ Page One of Two tJ995~: 02(' ,-' J U 'IRE srATE OF 'lEXAS (X)UN!'Y OF TARRANI' A~ BEFORE ME, rity, on this day personally appeared . known to rre to be the person(s) whose s) lS are subscr1bed to e foregoing instrument, and acknowledged to me at he/she/they executed the same for the purposes am consideration therein expressed. G~ umer rrri ham a /~ day of on thi s the , A.D. 19;; 2>. l'", My commission expires: (f)/, ~ 02~. /77"2.-- '" ted by the City of ~thlake, this the . /1 day of , A.D. 19 -2.fl. . "",,, "../", . . l ...."," \) 1 H LA"'""" I ....c...~ .......... ". ~ ~ . J/t' /i; ~ ~ .0- ....<'.. ~ 1;L' ~<... . . """..... I l:/'*\~\': / . V,1t{t. . 1l1LJ) ~ ':: ~ f ~ i (!/+:- 4 /1 J " A ,It-:;- 'r ~ e,;> -.. .': ~ . UJlIj,r, ~{/~1J/U ~ ..... ..... i Clty of !3outhlake, Texa ~/ ............. ~.s ~II It *.. ~\,~ ~ ~ ' """"11\111\\ REI'URN DCX::UMENTS 'lD: CHEATHAM & ASSOCIATES 1170 Corporate Drive West, Suite 207 Arlington, Texas 76006 Page Two of Two U9955 '1. 3 ') 7 ~' '- SOLAKE.S-6 4/06/90 EXHIBIT 'A' 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. Davenport 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; BffiINNING at a point 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 N02030'59" W a distance of 172.39 feet to a point for a deflection; THENCE N050S1'08" E a distance of 489.12 feet to a point for a deflection; THENCE N8SoS1'31" W a distance of 417.69 feet to a point for a deflection; THENCE N45056'2S" 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 N030S7'31" E a distance of 113.20 feet to a point for a deflection; THENCE N41033 '29" E a distance of 198.76 feet to a point for a deflection; THENCE N030S0'38" W a distance of 302.19 feet to a point for a deflection; THENCE N29036'26" E a distance of 291.08 feet to a point for a deflection; THENCE N50057'05'' E a distance of 262.12 feet to a point for a deflection; THENCE N37016'53" E a distance of 273.08 feet to a point for a deflection; THENCE NOoo33'56" E a distance of 233.51 feet to a point for a deflection; THENCE N15053'49" W a distance of 300.13 feet to a point for a deflection; THENCE N09024'OO" W a distance of 344.17 feet to a point for a deflection; THENCE N03033'25" W a distance of 263.64 feet to a point for a deflection; U995:3 .J328 ...,.. THENCE S89033'49" 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.N. of E. Continental Blvd. U995~i ,J 3 29 A- 899 ---- A - 797 I , I I I J : l I__~ JOE WRIGHT V. 7303, P.572 TN 68 TN 6 17 8i.1-v. ~ r-, I G~ ~ --f-L+t:" ~ ; 15 \'\ 13 I-'i"'-' . . : \ ~I. ~~ . \\ ~ .+.*t-. ~\\ :ill _1..1. _'_ LTN ~ 281 13 ~~ -- ~~ ~~~ ) S\j II Ij 4;1 ~,\0TR ~#f2 ~O '11 ~l~ o ~ ~ 00v G'\' ,~~ 9 <0 ,\0-~ (1/1 JOE L. WRIGHT ~0S \ V. 7018, P.I/79 ~ 11\ 8 tSO'TEMPORARY CONSTRUCTION EASEMENT \ (Adjacent to permanent easement) ~~~, 7 \ 20' PERMANENT ~'i.. ) A _,,:T1LITY EASEMENT ~:, . ( TR WILLIAM C. BELL :5 II ' v. 6677, P. 584 11I1 \ TR 18 <(,~ CITY OF i ~ / SOUTHLAKE 0'(-.'" c;':l:o~~ 1.h '~~CITY LIMIT u~.. .R'. · ~ CL.1) .~ 0(}'" C'" TR M2A -. P.O.B. TR 2D z.,l.. ~. '\~~ ~. r-..0S CITY OF COLLEYVILLE r TATlI PROPERTIES, N. V. V.7056 , P. 523 EASEMENT ct.. DATA :/: r& : ~~I -~-- I. N 06005'22.W- 218.24' 2. N 02030'59"W -172.39' 30 N 05051'08" E -489.12' 40 N 85051'31" W - 417.69' 5. N 450 56'25"W - 439.61' 60 N 03057'15I"E - 113.20' 70 N 41033' 29"E - 198.76' 80 N 03050' 38" W -302.19' 9. N 29036'26" E -291.08' 100N50057'05"E -262.12' lioN 37016'53" E - 273.08' 12 oN Q0033'56"E - 233.51' 130N 15053'49"W- 300.13' 14 oN 09024' OO.W - 344.17' 150 N 03033'25" W -263.64' 16.S 890 33'49. E -214.75' 170N 00002' 18" E -56.39' TN I '\'\ ~~ ~~ o I L__ Arlington Surveying a Mopping Public Surveyors EXHIBIT 'B' I certify that this is a true and accurate representation of this survey as m:rle on the gound and that there are no visual encroaduTelts except as shown. 20' PERMANENT UTILITY EASEMENT 50 I TEMPORARY CONSTRUCTION EASEMENT 2011 EAST LAMAR. SUITE 2.00 460-2111 ARLINGTON. TEXAS 76OQ6 METRO 265-7948 U995~: ,'.'1/)(') ;~: ,) J U ~ 8l1~ "It ~" "l:,"l: j I' ~--l ~ I I "'" I I ~ II i _ A-80S -- - A-591 I I J I I ) ~ SCALE: / ":400' TR 2G TR2 28 TR 2J. ~ " I .... "t 0\ I<) ~ t\I ~ ~I J I TR oJ ~ .' TN 4 DATE: ADDENDUM TO CITY OF SOUTIllAKE STANDARD UTILTIY EASEMENT PERMANENT AND TEMPORARY 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. ("Grantor") dated ~"Y"\~ \, 1990, conveying an easement ("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 Entry. 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 thereof, 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 for the purposes herein stated for a period of more than twelve (12) consecutive calendar months. THE C~UTBIA~ By: cil-- Its: ,./ \mob371\mobdocs\addcssue.p&t n"9as[~ ') ..J v \.' ,:~" I) 3 I u.) I L-' 1 '~~UU\JG I L-)":, !,.,: iL/\ j H/\I"I '"" /\C~,:;:5UL JI/U LU~~UHA1L UH W L~UI r.....,.:LINGjI.JN, IX !(:,\__JUt> -"\."; /\ h' i',J ., 1\1 L;-- I III c;:", 1 C;) I'/\I-i I UI i luiL Ui ll: 1 r',L i.~L,l:Ui-iU.... "U U !\J U L) L :;; 1< U Y 1 L L U A h h A N ~ U U N t) .c:.. 1\ I\J l\! L _ f".' L l\~ l) L l'~~ ~:~:, l..i I\J c, X /\ c:5 LUUN I Y CL..L1'-iI<, U j 1 L 1 /\ L h' L. C '.., 1. ,.' U. C:liY Ui C5UUIHL/\I<.L ''':LLLlI'1 I\JU 1. ";ilU 1 ":,'~4":):J h: L (-, 1 ~:.:.> ! L_,-< ';':11\) 1 LD UA 1 L 1 H11::. Uh",,,J;.;;~ Ub/l;;:,/'-;fU 14;~b IN~ll-<l}MLN! LLCU /\I"IUUN I 1-5.UU i lLLU "}UU61~, IH'lL 14 ::':-:6 CK '-jc~,:;,:) 1 U 1 '} U U ",~:3 ,: ::.~ '.} ~^,! U U ,~\ L UUCUI"ILN 1 :;;;'. Ul ~.. .... " ..~ ~~ 0.,,' ~ 1-5.UU Li Y; ~--- ANY ~~UVIC51UN WHICH hL~I~ILi~ IHL :;;ALL hLN1AL U~ U~L UI 1 lIL. ULC5Ci< lULU h:L.i\L l'j':U, ':.. lu' 1 Y lSLC/\UC;.,L UI CUL.UI-i Uh: !</-\CL ..,.' 1 NV/\L.l U f\NL! UI",Jj UI,:C:LJ..ULL Ui\IL)Li< I LUU</\L I_/\!.-'). fr;) rc (jUlC.~";L \ \~T""~ \ N 2 2 i990