Cross Timber Hills (Lot 8, Block 6) - Underground Storm Water Drainage Pipe Easement
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City of Southlake
Underground Storm Water Drainage Pipe Easement
THE STATE OF TEXAS
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That we, Mike and Carolyn Young, GRANTOR herein, fdr akct in ~
consideration of the sum of Ten ($10.00) Dollars and other good antI vali@ble ~
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consideration in hand paid by the City of Southlake, Texas, a home rule city in ptfant
County, GRANTEE herein, the receipt and sufficiency of which i is ~~~by ~
acknowledged and confessed, do hereby grant, sell and convey unth ttre~ (':.said c:?
GRANTEE a permanent and perpetual easement for the sole purpose of irlstallin~nct;'
maintaining a 21 inch concrete underground storm water drainage pipe for/the purpose
of draining storm water from the Westwyck Hills, a adjacent subdivision in Southlake,
Texas, under that land in Tarrant County Texas described as follows, as more
particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and
incorporated herein.
COUNTY OF TARRANT
It is further agreed that GRANTOR and GRANTOR'S heirs and or assigns shall have
the right to excavate and fill upon said permanent easement and to remove from or
construct any fences, French drains or other structures upon or over said permanent
easement.
Grantor shall have no responsibility for maintenance or repair of pipe and Grantee
shall be responsible for repair and maintenance of the pipe, and in the event of any
such repairs or maintenance, Grantee covenants that Grantee shall be responsible to
return and restore surface area and fencing to original condition, including
replacement or repair and trees, fences, or other structures damaged by repair or
maintenance.
It is further intended that the 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,
except upon the violation of any covenant in this easement or the event of cessation of
use or change in use of the drainage pipe for other purposes other than the sole
purpose of storm water drainage from the subdivision; and, upon cessation or change
in use, this easement shall immediately revert to Grantor or Grantor's heirs or assigns.
The 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 that would prevent operation of the storm water drainage
pipe. Grantor shall have no responsibility for maintenance or repair of pipe and
Grantee shall be responsible for repair and maintenance of the pipe, and in the event of
any such repairs or maintenance, Grantee shall be responsible to return and restore
surface area and fencing to original condition, including replacement or repair any
trees. fences, or other structures damaged by repair or maintenance.
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fN WITNESS WHEREOF, this dedication instrument is executed this ~ day of
MOo. J'\ L~... , 2006.
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ACKNOWLEDGEMENT
THE 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 fYl,'ke fL"J.. un;ly..... V~ ' known to me to be the
person whose name is subscribed to the foregoing dedication 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 / 4~ day of
Ma rU- ,2006.
6)
SUE DBELL
Not8ry PublIc. State of Texas
My CommiIIIon EJcpIrta:
...... 23, 2007
L O.pLL(
NOTARY PUBLIC fN AND FOR
THE STATE OF TEXAS
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Typed or Printed Name of Notary
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My Commission Expires:
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument the 2~ day of IVbrl , 2006, from
o to the CITY OF SOUTHLAKE, has been duly
accepted subje to 11 s and conditions contained therein, and the City Council
has consented to recordation of such dedication instrument by its duly authorized
officer.
f}1~r~ ()'3, ?-wCa
Dated
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Mayor, crfy OF SOUTHLAKE
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AFTER EXECUTION BY GRANTv~4"""""""
PLEASE RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
Clo Cristina McMurray
1400 Main Street, Suite 320
Southlake, TX 76092
Phone: 817-748-8099
Fax: 817-748-8077
AFTER FILING, PLEASE RETURN
ORIGINAL TO:
CITY OF SOUTHLAKE
Clo City Secretary
1400 Main Street, Suite 270
Southlake, TX 76092
Phone: 817-748-8016
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EXHIBIT" A"
LAND DESCRIPTION
UNDERGROUND STORM WATER
DRAINAGE PIPE EASEMENT
BEING a tract of land situated in the John Childress Survey, Abstract No. 253, Tarrant
County, Texas, and being a portion of Lot 8, Block 6 of Cross Timber Hills, Phase IV, an
addition to the City of South lake, Tarrant County, Texas, and recorded in Volume 388-
174, Page 57 of the Plat Records of Tarrant County, Texas, and being more particularly
described as follows;
COMMENCING 5/8 inch iron rod found at the southwest comer of Lot 8 of said Cross
Timbers Hills;
THENCE, North 00 degrees 41 minutes 19 seconds East, along the west line of said Lot
8 a distance of 43.29 feet to the POINT OF BEGINNING;
THENCE, North 00 degrees 41 minutes 19 seconds East, (North 00 degrees 59 minutes
East - Plat) continuing along the west line of the said Lot 8, a distance of 10.17 feet to a
point for comer;
THENCE, departing the west line of said Lot 8, South 78 degrees 53 minutes 41 seconds
East, a distance of 72.1 0 feet to a point for comer on the southeasterly line of said Lot 8;
THENCE, South 58 degrees 37 minutes 19 seconds West, along the southeasterly line of
said Lot 8 a distance of 14.81 feet to a point for comer;
THENCE, departing the southeasterly line of said Lot 8, North 78 degrees 53 minutes 41
seconds West, a distance of 59.34 feet to the POINT OF BEGINNING and
CONTAINING 659 square feet (0.0151 acres) ofland, more or less.
For: Huitt-Zollars, Inc.
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Registered Professional Land Surveyor
Texas Registration No. 5191
Huitt-Zollars, Inc.
3131 McKinney Ave., Suite 600
Dallas, Texas 75204
Date: March 13,2006
Page 1 of2
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J :\Survey\3633\14\ WP\DRAINAGE _ ESMT2.doc
" BASIS- OF BEARING:
CITY OF SOUTHLAKE, TEXAS
GEODETIC NETWORK CONTROL,
MONUMENTS 21, 24 AND 25.
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CONSTRUCTION .-
EASEMENT
LOT 4
LOT 9
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Course Bearing Distance
TI N 0004119 E 10.17
T2 S 7805341 E 72.10
T3 S 5803719 W 14.81
T4 N 78"5341 W 59.34
T5 S 5803719 W 3.75
T6 S 6104219 W 27.52
17 N 7805341 W 31.63
18 N 0004119 E 20.34
T9 N 0004119 E 43.29
TIO N 6104219 E 63.08
TI1 S 10'741 E 178.87
CROSS TIMBER HILLS
PHASE IV
Val. 388-174, PG. 57
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SURIlEY LINE
APPROXIMATE LOCATION
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POINT OF
COMMENCING
5/8- IRON
ROD FOUND
LOT 5
CROSS TIMBER HILLS
PHASE III
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Val. 388-170, PG. 78
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SCALE 1" = 60' < 5110
PAGE 2 OF 2 P
DATE: MARCH 13, 2006
JOB No. 01- 3633-14
HUITT -zDIlL%
I-kitt- Zollars, nc. DaIIe.a
3131 UcKilney Avenue, &ite 600
Dale.s, Texae 75204-2489
Phone (214) 871-3311 Fax (214) 87Kl757
EXHIBIT B
UNDERGROUND STORM WATER
DRAINAGE PIPE EASEMENT &
TEMPORARY CONSTRUCTION
EASEMENT
CITY OF SOUTHLAKE
CIO CITY SECRETARY
1400 MAIN STREET #270
SOUTHLAKE TX 76092
Submitter: CITY OF SOUTH LAKE - ZSLKE-001
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SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 03/28/200610:20 AM
Instrument #: 0206086370
OPR
6 PGS
$32.00
111111111111 11111 1111111111 11111111111111111111111111111 I11I
0206086370
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.