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A-97 (1) .': CITY OF SOUTHLAKE UTILITY AND SLOPE EASEMENT cI THE STATE OF TEXAS § ORIGINAL ,,, .,,,, COUNTY OF TARRANT § That I, Joe. V. Smith, GRANTOR herein, for and in consideration of the sum s,. of Ten ($10.00) Dollars and other good and valuable consideration in hand paid 1 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, _ :6 repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating public utilities in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to -wit: A variable width Permanent Utility and Slope Easement containing approximately 0.0236 acres, as 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. Further, by this grant, the GRANTEE may permanently change the grade or slope of this existing topography said parcel of property. 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, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent Utility and Slope 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 1 under any prior deeds in GRANTOR's chain of title. The Permanent Utility and Slope Easement, 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. IN WITNESS WHEREOF, this instrument is executed this day of A GrAN • •e V. Smith ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the under au rit nand f said County, Texas, on this day personally appeare , known to me to be the person whose nam is subscrib d to the foregoing instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVE Z R MY HAND A : S A OF OFFICE, this the r. ' ra day of , or , il_ I FILED AS RECEIVED •tar ' •�• is i 'and for T e St. e %f Texas 2 • 2001 )W- 061 —TA PARCEL NO. 19 CITY OF SOUTHLAKE SOUTHLAKE INTERSECTION TIMBERLAKE PLACE AND SOUTHLAKE BOULEVARD EXHIBIT "A" PERMANENT UTILITY & SLOPE EASEMENT • JOHN T. BAILEY SURVEY, ABSTRACT NO 97 TARRANT COUNTY, TEXAS ;AITUATED in the City of Southlake, Tarrant County, Texas and being a parcel of land out of a tract of land in I e John T. Bailey Survey, Abstract Number 97, said tract being conveyed to Joe V. Smith by deed as recorded in Volume 5740, Page 205 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said parcel of land Tieing herein described as a proposed variable width Permanent Utility & Slope Easement and being herein more A art Y icularl described by metes and bounds as follows: BEGINNING at the northeast property corner of the said Smith tract, said point being on the most northerly northwest property corner of Lot 36, Block 2 of Timber Lake Section 1, being an addition to the City of Southlake according to the plat as recorded in Cabinet A, Slide 484 of the Plat Records of Tarrant County, Texas, said point also being on the existing southerly right -of -way of Southlake Boulevard (FM 1709); THENCE, South 00 degrees 34 minutes 16 seconds East, along the east property line of the said Smith tract and along the said westerly property line of the said Lot 36, 10.00 feet to a point; THENCE, North 88 degrees 45 minutes 58 seconds West, along the proposed easement line, 63.59 feet to a point; THENCE, North 81 degrees 33 minutes 11 seconds West 79.64 feet to a point on the northerly property line of the said Smith tract and on the said southerly right -of -way line of Southlake Boulevard (FM 1709); THENCE, South 88 degrees 45 minutes 58 seconds East, along the said property line and said right -of -way line, 142.29 feet to the POINT OF BEGINNING; The proposed variable width Permanent Utility & Slope Easement herein described contains 0.0236 acres (1,029 square feet) of land. • I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT C A11 £T7 T(T TTT TT A1.TT r1 r1, T T rim -" 1U 1 -KU W - U61 -TA • SURVEY: JOHN T. BAILEY SURVEY, ABS. No. 97 UTILITY EASEME1,1 DESC. PARCEL NO. 19 LOCATION: SOUTHLAKE, TARRANT COUNTY, TEXAS SOUTHLAKE INTERSECTION IMPROVEMENTS PERM. UTILITY & SLOPE EASEMENT: 0.0236 AC. TIMBERLAKE PLACE & SOUTHLAKE BLVD. WHOLE PROPERTY ACREAGE: 0.8640 AC. CITY OF SOUTHLAKE 1721 EAST SOUTHLAKE BLVD. (DRAWING OF EXHIBIT "A" ) SOUTHLAKE, TEXAS 76092 k::p t SOUTHLAKE BOULEVARD (FM 1709) P.O.B. F EXHIBIT ? 10.00' S0 16 "E i . . J EXISTING R.O.W. S88 "E I _ 142.29' i i r — — o ---- -4 8„t3 111 -TU 1 �Z 1 I — — . 79.64' 63.59' J EXISTING w N88'45'58 'W Z z _ � 10' U.E. EXHIBIT "A" PROPOSED VARIABLE WIDTH 15 a PERMANENT UTILITY & SLOPE EASEMENT 2 a 0.0236 ACRES (1,029 Sq. Ft.) 0 JOE V. SMITH I 803 WEST SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76092 TRACT 1 7.5' UTILITY EASEMENT -- JOHN T. BAILEY SURVEY I ABSTRACT NO. 97 I VOLUME 5740, PAGE 205 D.R. T.C. T. • I I TIMBER LAKE SECTION 1 LOT 36, BLOCK 2 COMMON AREA CABINET A, SLIDE 484 P.R.T.C.T. • REVISED 10 -30 -01 • t 1 D202205034 METROPLEX TITLE INC 1723 E SOUTHLAKE BLVD SUITE #100 SOUTHLAKE TX 76092 -WARNING-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT D E S T R O Y INDEXED--TARRANT COUNTY TEXAS SUZANNE HENDERSON-- COUNTY CLERK OFFICIAL RECEIPT T 0: METROPLEX TITLE INC RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 202360941 DR2A PM 07/26/2002 08:40 INSTRUMENT FEECD INDEXED TIME 1 D202205034 WD 20020726 08:40 CG 3 T OTAL: DOCUMENTS: 01 F E E S: 15.00 B Y: 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. [ Jul 03 02 10:44a R - hie Brown 817 '27 -9326 P. 2 Memorandum of Agreement Joe Smith, referred to in this Memorandum as "Grantor ", agrees to grant to the City of Southlake, Texas, "Grantee ", a Permanent Utility & Slope Easement on Grantor's property located in Tarrant County, Texas. This property is more particularly described in the attached Exhibit "A" to this Memorandum. IT IS AGREED that the consideration for the execution and acceptance of the easement is $14,199.00. SIGNED between the parties on this the day of d / ,,ab , 2002. `I• TO' . %ate% �► J - ;� . GRANTE ' City of S • thl ; - By: EA/ „,„ Billy C.mp��- By : Wok Pe• . 11110Frahna_ k 2001 )W- 061 —TA PARCEL NO. 19 CITY OF SOUTHLAKE SOUTHLAKE INTERSECTION TIMBERLAKE PLACE AND SOUTHLAKE BOULEVARD EXHIBIT "A" PERMANENT UTILITY & SLOPE EASEMENT JOHN T. BAILEY SURVEY, ABSTRACT NO 97 TARRANT COUNTY, TEXAS SITUATED in the City of Southlake, Tarrant County, Texas and being a parcel of land out of a tract of land in the John T. Bailey Survey, Abstract Number 97, said tract being conveyed to Joe V. Smith by deed as recorded in Volume 5740, Page 205 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said parcel of land being herein described as a proposed variable width Permanent Utility & Slope Easement and being herein more particularly described by metes and bounds as follows: BEGINNING at the northeast property corner of the said Smith tract, said point being on the most northerly northwest property corner of Lot 36, Block 2 of Timber Lake Section 1, being an addition to the City of Southlake according to the plat as recorded in Cabinet A, Slide 484 of the Plat Records of Tarrant County, Texas, said point also being on the existing southerly right -of -way of Southlake Boulevard (FM 1709); THENCE, South 00 degrees 34 minutes 16 seconds East, along the east property line of the said Smith tract • and along the said westerly property line of the said Lot 36, 10.00 feet to a point; THENCE, North 88 degrees 45 minutes 58 seconds West, along the proposed easement line, 63.59 feet to a point; THENCE, North 81 degrees 33 minutes 11 seconds West 79.64 feet to a point on the northerly property line of the said Smith tract and on the said southerly right -of -way line of Southlake Boulevard (FM 1709); THENCE, South 88 degrees 45 minutes 58 seconds East, along the said property line and said right -of -way line, 142.29 feet to the POINT OF BEGINNING; The proposed variable width Permanent Utility & Slope Easement herein described contains 0.0236 acres (1,029 square feet) of land. • I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT "'1U1- KUW- Util -'1'A SURVEY: JOHN T. BAILEY SURVEY, ABS. No. 97 UTILITY EASEMEI., DESC. PARCEL NO. 19 LOCATION: SOUTHLAKE, TARRANT COUNTY, TEXAS SOUTHLAKE INTERSECTION IMPROVEMENTS PERM. UTILITY & SLOPE EASEMENT: 0.0236 AC. TIMBERLAKE PLACE & SOUTHLAKE BLVD. WHOLE PROPERTY ACREAGE: 0.8640 AC. CITY OF SOUTHLAKE 1721 EAST SOUTHLAKE BLVD. (DRAWING OF EXHIBIT "A" ) SOUTHLAKE, TEXAS 76092 SOUTHLAKE BOULEVARD (FM 1709) P.O.B. EXHIBIT „A.. 10.00' SO'34' 16 "E EXISTING R.O.W. S88'45'58 "E 142.29' 3 79.64' W 63.59' 1 N88'45'58 "W V EX 10 Z EXHIBIT "A" I 11E2 PROPOSED VARIABLE WIDTH W I PERMANENT UTILITY & SLOPE EASEMENT 0 I a 0.0236 ACRES (1,029 Sq. Ft.) JOE V. SMITH 803 WEST SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76092 TRACT 1 7.5' UTILITY EASEMENT -- JOHN T. BAILEY SURVEY ABSTRACT NO. 97 VOLUME 5740, PAGE 205 D. R.T. C. T. TIMBER LAKE SECTION 1 LOT 36, BLOCK 2 COMMON AREA CABINET A, SLIDE 484 P. R.T. C. T. • REVISED 10 -30 -01