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A-529 (Elborai) . ~ ~ \) o c ... , , .11 CITY OF SOUTHLAKE :::::;Wl~ ~6(t.. EASEMENT \ltrlCtAl tiECCR~ THE STATE OF TEXAS ~ ~ ~ COUNTY OF TARRANT t)e' /Y16no -:f~ nOlJAt, HJc. That I, 1lJet.1'1. Ei.ev<Af '4It3tVfQVl.l.<. AtJO As f45ft;)~.1 GRANTOR herein, for and in consideration of the su of Ten (SI0.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, 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 purpose of installing, repairing, maintaining, altering, replacing, relocating, rebunding, removing, and operating ~/JI~ ~ facilities in, into, upon, over, across, under and through all tha land in Tarrant County Texas described as follows, to-wit: A -rG,J foot wide Permanent ~l~ ~/l.. Easement containing approximately O.o(P(p acres, s more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, bundings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent 54-N ~ ~~ Easement herein granted to the GRANTEE shall run with the I nd 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. The Permanent ~~ ~ Easement, rights and privUeges granted therein are exclusive, nd GRANTOR covenants that it wUl not convey any other easement or conflicting rights within the area covered by the grant to any other person. Page 1 00 D2DlDl8D3LA p.} of 7 c r! IN ~ITNESS WHEREOF, this dedication instrument is eIecuted this L day of 'ltl L . 2006. BY: /l#v7- ,!Zv5'GJ~ GRANTOR /J ~ 'fN(JIV(()~'1 ~ ~ (U,-f(afrVr- 0 m6hto ]:tV~IIT1()N*,-, r,.n; . BY: GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT o BEFORE ME, the undersigned authority in and for Tarrant CountyJ.z,,!exas, on this day A AS 1'Kt::J>~ /)C' ACAO T,.m::-(4..KtT1~ personally appeared If)B.. /II. Ci.1JUZA r . T/VDt oJloutJv;.1 AM') known to me or proved to ~ . me through (description of identity card or other document) to be the same person whose name is subscnDed to the foregoing instrument and acknowledged to me that helM.e executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OmCE, this 7 t!- day of AI',L-IL 2006. NOTARY SEAL e W.IICM&CLAY . . ---".- ...--- Notary's Name (Printed) Notary's Commission Expires c Page 2 00 b2DlDI30JtlQ p. 2 of 7 c CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real propqt.)j ~nvt?Y.ed ~ this de<!ica~~1) iJ.1s1:!:UJnent tile IJ '1 ~ .. 8kl WJ. f::(Ioo~) 'f\(;A.(\I"chlAll~ AS" ~ day of 2006, from P'MJIh~ ~ WIe...e :u.tfer"l~. ~C. to the CITY OF SOUTH , has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. SEAL D~att 2.! UXJ0 -A~ Mayor, CITY OF SOUTHLAKE o ,.."....""" ", . \TH~"" ..... Ov it, ...... .:0 ........ ~'~ .:- L~.. _. ",' '# ~ O~ .- .' ~ ~ = ..- ...tJIf\~ ..>.. * .')(- :1-: :>= :<:H :(J)~ ;-. .:~ -::. -.. ..-.$' " .......... ..,fIttti '"'' ..... ~ "" "'1 "'"*-.. ", ,',....""" ~~~ .(J City ecretary AFfER EXECUTION BY GRANTOR, 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 RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 c Page 3 00 D2DlP/?iY3QQ p. 5 Db 7 A~R-10-2006 MON 07:29 AM lHlOOJJ OOIN FAX No. 9034652152 p. 002 ~ '--' Page 1 of 2 Exhibit "A" Legal De.criptlon Job No. A5110879 10' Sanitary Sewer Easement No.1 Situated in the City of South lake, Tarrant County, Texas, being a part of the J.A. Freeman Survey, Abstract No. 529, being a part of the 1.93 acre tract of land conveyed to Adel M. Elborai by deed of record in County Clerk's Document No. 0205280441 and a part of the 5.3939 acre tract of land conveyed to Memo Industrial Planning, loc., by deed of record in Volume 11463, Page 1486, of the Deed Records, Tarrant County, Texas, also being a part of that tract of land described in deed of record in Volume 6253, Page 938 of said Deed Records, and being more particularly described as follows: Q Beginning in the south line of Kimball Hills, an addition to the Cily of Southlake, Texas, at the northeBst comer of Cambridge Place, Phase One, an addition 10 the City of Southlake as. shown by plat of record in Cabinet A, Slide 2873, of the Map Records. Tarrant County, Texas. said point being the northwest corner of said 1.93 acre tract; Thence North 88056'54" East with the south line of said Kimball Hills, a distance of 10.00 feet; Thence South 00044'47" East over and across said 1.93 acre tract and 5.3939 acre tract, a distance of 286.86 feet to a point In the north line of that tract of land conveyed to Jean F. Denis and Melisa A. Denis by deed of record in County Clerk's Document No. 0202129680; Thence South 88028'45" West with said north line, _ distance of 10.00 feet to a point in the east line of said Cambridge Place for the northwest corner of said Denis tract; Thence North 00044'47" West with said east line, a distance of 266.94 feet to the Polnt-of-Beginning and containing 0.066 acres of land. o ))2Dw 13u:AQ p. ~ ~ 7 to.d IBtol.-to9to-Oto6 eEE:ll 90 01 .Jdl:l DRAINAaf:~Y~~ I t JOB 5,n ~)~ J<JJ"'-.A.l-l...rJl-l-S // Ie, /~H II ~I r; LOT IJ -< o 1 ~ o I ~ ~ ------~. ------- - - - - - - - 15' UTlL.ITY EAst:. 2'~ ~l..ITY EA$EM~!... - - :: = - -, '1 I N 88.55.5.... ~ II II I I 10.00' III I I ~/I I I '''1 I I I _,1;1 II I ~I'" LY;' I I 18 18 ii I I It It ~~ I I I .: It: .)111 '1 '1 "QI/I I~~t", t'.. II 1/ :~ I " I I Ie ~ ~ ~""L I I I~ t . 70' WIDE' SANITARY ~J~",~ I: II IiI I SEWER EASEMENT NO. 1 . ,.(,.& I I~ I #1 I~ 1 I ~ ~ --....( ;1 . ~~~ :;2 :3 :: "< ~o(' ~ '" I 1 \ '. ""\ 0(' I 1111 . v ~ I ~ I~.. ~'~~ I Ilo ~ ~~ I I~ :~ ~ I -- J!I~. Ob-- . I -TAllY - _ ul1l.,.,..,. - _ "'C'€'... - _ .j - ~ C-4SE'4teIY7 --- A~R-10-2006 MON 01:29 AU lmmJ 00111 ,......, '--' 26 Q ;--- / - \ \ \ \ --- -- ., I I I ;:..' -==J. 3404 INTERURBAN ROAD FAX No. 9034652152 P.003 NO. AS1? 0879 n I~n LOT 12 I ~ -..L ''- ":!.UTT ~~. ~ J ~ ~ 1~::J ACRE AOE'L M. E:LSORAI OOC:UMEN'T NO. 020~2S04"" SCALE 1" - 50' :l393' ACRE MEMO INDUSTRIAL PLANNIN~. INe. YOLo 11463. P~. 1485 K. WA YNE LEE VOL. :1M3, Pc:. 22~ 'TO MEMO IN/:)USTItIAL PLANNING. INc:. S 88'211'45" W to.OO' E.>C.F-:J:IBIT · ')3 ., SHEET ~ OF -1L. DENISON, TEXAS 75021 (903)465-2151 c S'd IB~1.-~9v-0~S 12DIoI303LJQ p. 5 ~ 7 e~E:ll 90 01 ~d8 c AGREEMENT This agreement is entered into this 7~ day of April, 2006, by and between Memo International, Inc. (Memo), Adel Elborai and Marcel Bosworth DBA Marine Quest. For and in consideration of the mutual promises set forth herein, the parties hereto agrees as follows: 1. Memo agrees to convey to the City ofSouthlake a certain 10' (ten foot) sanitary sewer easement described in that certain Sanitary Sewer Easement attached hereto as Exhibit A. 2. The sewer line will be bored under trees and heavily brushed areas and under pond dam to insure that no damages will occur during or after construction. o 3. Marine Quest agrees to and shall indemnify and hold harmless Memo, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including all expenses of litigation, court costs, and attorney fees, for mechanics liens, for injury to or death of any person, or for damage to any property, regardless of whether such injury, death or damages are caused in whole or in part by the negligence of Memo, arising out of or in connection with the work done by Marine Quest under this agreement. 4. Adel EI Borai agrees to convey to the City ofSouthlake a 10' (ten foot) Sanitary Sewer Easement described in that certain Sanitary Sewer Easement attached hereto as Exhibit B. 5. Marine Quest, in return for the execution of such easements agrees to relocate Miracle Point Dr., in the Kimball Hills Subdivision to between lots f~d 13. This is the entire agreement of the parties and shall insure to the benefit of the parties hereto their heirs, executors and assigns. SIGNED as of the date stated above. Memo International, Inc ~ By:_ rU /~~ /' I~ /' .. arcel Bosworth o By: rJ /t / 11- t! I (/d'/U /I Its: ~(()6N-r- /Jd~ fZ &Mf'1 Adel EI Borai D2Dlol303QCJ p.lP ~ 7 CITY OF SOUTH LAKE 1400 MAIN ST STE 270 SOUTH LAKE TX 76092 Submitter: CITY OF SOUTH LAKE - ZSLKE-001 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: 05/03/200609:29 AM Instrument #: 0206130349 OPR 7 PGS $36.00 11111111111111111 1111111111 111111111111111111111111111111111 0206130349 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.