Cross Timber Hills (Lot 5, Block 6) - Underground Storm Water Drainage Pipe Easement
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City of Southlake
Underground Storm Water Drainage Pipe Easement
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COUNTY OF ~~:R::T Na:Cy and Greg Morgan, GRANTOR hereinl for g,d ;
consideration of the sum of Ten ($10.00) Dollars and other goocll and valuable
consideration in hand paid by the City of Southlake, Texas, a home rule city in Tarrant
County, 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 easement for the sole purpose of installing and
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.
THE STATE OF TEXAS
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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IN WI~HEREOF, this dedication instrument is executed this It) day of
MA , 2006.
'Lm~7/7~;:(.~~
GRANTOR "-l / \l
ACKNOWLEDGEMENT
THE STATE OF TEXAS 8
8
COUNTY OF TARRANT 8
BEFORE ME, the un rsigned aut ority in and for said County, Texas, on this day
personally appeared )" c4- CU^- , known to me to be the
person whose name is subscribed to the fore oing 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 J 0 ti. day of
J1Aar~ , 2006.
~~
NOTARYPU ICINA FOR
THE STATE OF TEXAS
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Typed or Printed Name of Notary
4-jv~()Y
My Commission Expires:
ANN FORLENZA
NOTARY PUBLIC
STATE OF TEXAS
My Comr;; tXp. 04-30-2008
b20~D~lJ371 p. 2 ~j
CERTIFICA TE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument the ~ day of ~(,..fl , 2006, from
~~ n1D~1) to the CIT OF'SOUTHLAKE, has been duly
acce d subjec 0 all rms and condItIOns contamed therem, and the City Council
has consented to recordation of such dedication instrument by its duly authorized
officer.
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Dated )
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Ma~or - CI ;~F SOUTHLAKE ......."'....
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AFTER EXECUTION BY GRANT01'{"Il"""
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PLEASE RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
C/o 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
C/o City Secretary
1400 Main Street, Suite 270
Southlake, TX 76092
Phone: 817-748-8016
):)1()lpD~lo371 p. 51 B
EXHIBIT" A"
LAND DESCRIPTION
UNDERGROUND STORM WATER
DRAINAGE PIPE EASEMENT
BEING a tract ofland situated in the John Childress Survey, Abstract No. 253 and the A.
A. Freeman Survey, Abstract No. 522, Tarrant County, Texas, and being a portion of Lot
5, Block 6 of Cross Timber Hills, Phase III, an addition to the City of Southlake, Tarrant
County, Texas, and recorded in Volume 388-170, Page 78 of the Plat Records of Tarrant
County, Texas, and being more particularly described as follows;
COMMENCING 5/8 inch iron rod found on the north line of Lot 4 of said addition, said
rod also being the southwest comer of Lot 8, Block 6, Cross Timber Hills, Phase IV, an
addition to the City of Southlake, Tarrant County, Texas, and recorded in Volume 388-
174, Page 57 of the Plat Records of Tarrant County, Texas;
THENCE, North 61 degrees 42 minutes 19 seconds East, along the north line of said Lot
4 a distance of 63.08 feet to the northwest comer of said Lot 5;
THENCE, North 58 degrees 39 minutes 26 seconds East, along the north line of said Lot
5 a distance of3.75 feet to the POINT OF BEGINNING;
THENCE, North 58 degrees 37 minutes 13 seconds East, (North 58 degrees 55 minutes
East - Plat) continuing along the northwesterly line of the said Lot 5, a distance of 14.81
feet to a point for comer;
THENCE, departing the northwesterly line of said Lot 5, South 78 degrees 53 minutes
41 seconds East, a distance of3.70 feet to a point for comer;
THENCE, North 58 degrees 37 minutes 19 seconds East, a distance of69.94 feet to a
point for comer;
THENCE, South 76 degrees 24 minutes 54 seconds East, a distance of 19.64 feet to the
beginning of a curve to the right;
THENCE, along said curve to the right through central angle of 06 degrees 25 minutes
27 seconds, having a radius of 105.00 feet, an arc distance of 11.77 feet and being
subtended by a chord of South 73 degrees 12 minutes 11 seconds East, a distance of
11.77 feet;
THENCE, South 69 degrees 59 minutes 27 seconds East, a distance of38.36 feet to a
point for comer;
THENCE, South 24 degrees 59 minutes 27 seconds East, a distance of75.19 feet to the
beginning of a curve to the right;
Page 1 of 4
D2b~D2~3 71 p. 4 of 8
J :\Survey\3633\14\WP\DRAINAGE_ESMTl.doc
THENCE, along said curve to the right through central angle of 14 degrees 39 minutes
33 seconds, having a radius of 105.00 feet, an arc distance of26.86 feet and being
subtended by a chord of South 17 degrees 39 minutes 41 seconds East, a distance of
26.79 feet;
THENCE, South 10 degrees 19 minutes 54 seconds East, a distance of 77.39 feet to a
point for corner on the southerly line of said Lot 5, said point also being on the northerly
right-of-way line of Lakeview Drive, a 60 foot wide right-of-way, as established by said
Cross Timber Hills, Phase III;
THENCE, South 79 degrees 42 minutes 19 seconds West, along the southerly line of
said Lot 5 and the northerly right-of-way line of Lakeview Drive a distance of 16.33 feet
to a point for corner;
THENCE, departing the southerly line of said Lot 5 and the northerly right-of-way line
of Lakeview Drive, North 34 degrees 40 minutes 06 seconds East a distance of 8.96 feet
to a point for corner;
THENCE, North 10 degrees 19 minutes 54 seconds West, a distance of71.04 feet to the
beginning of a curve to the left;
THENCE, along said curve to the left through central angle of 14 degrees 39 minutes 33
seconds, having a radius of95.00 feet, an arc distance of24.31 feet and being subtended
by a chord of North 17 degrees 39 minutes 41 seconds West, a distance of 24.24 feet;
THENCE, North 24 degrees 59 minutes 27 seconds West, a distance of 71.04 feet to a
point for corner;
THENCE, North 69 degrees 59 minutes 27 seconds West, a distance of 34.22 feet to the
beginning of a curve to the left;
THENCE, along said curve to the left through central angle of 06 degrees 25 minutes 27
seconds, having a radius of95.00 feet, an arc distance of 10.65 feet and being subtended
by a chord of North 73 degrees 12 minutes 11 seconds West, a distance of 10.65 feet;
THENCE, North 76 degrees 24 minutes 54 seconds West, a distance of 15.50 feet to a
point for corner;
THENCE, South 58 degrees 37 minutes 19 seconds West, a distance of 69.69 feet to a
point for corner;
THENCE, North 78 degrees 53 minutes 41 seconds West, a distance of 18.51 feet to the
POINT OF BEGINNING and CONTAINING 3,241 square feet (0.0744 acres) ofland,
more or less.
Page 2 of 4
lJ2D~O~[P371 p. 51 g
J:\Survey\3633\14\ WP\DRAINAGE_ESMTl.doc
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 10, 2006
Page 3 of 4
D2D~D~103 7/p. ~ ~ g
J :ISurvey136331 141 WPIDRAINAGE _ ESMTl.doc
Curve Radius Length Delta Chord Chord Bear. BASIS OF BEARING:'
C1 105.00 11.77 6"2527 11.77 S 731211 E CITY OF SOUTHLAKE, TEXAS
C2 105.00 26.86 1403933 26.79 S 17"3941 E GEODETIC NETWORK CONTROL,
C3 95.00 24.31 1403933 24.24 N 17"3941 W MONUMENTS 21, 24 AND 25.
C4 95.00 10.65 6"25 27 10.65 N 731211 W
C5 75.00 19.19 1403933 19.14 N 17"3941 W
C6 75.00 8.41 6"25 27 8.40 N 731211 W
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CROSS TIMBER HILLS
PHASE IV
VOL. 388-174, PG. 57
@ D.R.T.C.T,
POINT OF
COMMENCING
5/8- IRON
ROD FOUND
20' TEMPORARY
CONSTRUCTION
EASEMENT
LOT 5
LOT 4
CROSS TIMBER HILLS
PHASE III
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VOL. 388-170, PG. 78
D.R. T.e. T.
SCALE 1>> = 40'
PAGE 4 OF 4
DA TE: MARCH 10, 2006
JOB No. 01-3633-14
--------
EXHIBIT B
UNDERGROUND STORM WATER
DRAINAGE PIPE EASEMENT &
TEMPORARY CONSTRUCTION
EASEMENT
HUITT -ZOLlARS
H\itt- ZoIeTa, Inc. DeIIae
3131 McKilney Avenue, &ite 600
Dalaa, Texae 75204-2489
Phone (214) 871-3311 Fax (214) 871-0757
S 69059'~7.E
38.36
Course
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T2
T3
T4
T5
T6
T7
T8
T9
TIO
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LOT 6
10' UNDERGROUND STORM
WATER DRAINAGE PIPE
EASEME T
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EVIEW DRIVE
LAK 60' R\G\\1-~-?'Il:'\B
388- -\7 .
\JOL. Q.R.I.C,I.
S 79042'19.W
16.33'
'])2DIo[Jl,10371 p. 718
Bearing
N 34040 06 E
N 69"59 27 W
N 76"2454 W
N 78"5341 W
S 7904219 W
N 34040 06 E
N 69"59 27 W
N 76"24 54 W
N 78"5341 W
N 1017 41 W
Distance
8.96
34.22
15.50
18.51
28.27
20.65
25.94
7.22
22.20
18.76
CITY OF SOUTH LAKE
C/O CITY SECRETARY
1400 MAIN STREET #270
SOUTH LAKE 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 #: 0206086371
OPR
8 PGS
$40.00
111111111111 11111 1111111111111111111111111 11111111I111111111
0206086371
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.