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A-525 (Cavallino Prop)OFFICIAL RECORD CITY OF SOUTHLAKE PUBLIC UTILITY EASEMENT THE STATE OF TEXAS couN oF KNOW ALL MEN BY THESE PRESENTS in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE ("Grantee"), of Tarrant and Denton Counties, Texas a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating a sanitary sewer line and other public utilities in, into, upon, over, across and under that land in -~'~-~.~o.-~_,r~ County, Texas described as follows, to-wit: A non-exclusive 10 foot wide permanent Public Utility Easement as more particularly described on Exhibit "A" attached hereto and shown on Exhibit "B' attached hereto, together with the right of ingress and egress as necessary for such purposes. Grantor covenants and agrees 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. 1 Grantor has this day additionally granted, sold and conveyed and by these presents does hereby grant, sell, and convey to Grantee an additional contiguous temporary construction easement for a period of one (1) year or until completion of the installation, for the purpose of installing utilities on the property known and described as follows, to-wit: A temporary 30 foot wide Construction Easement, said easement being located immediately adjacent to the above-described permanent easement in a configuration as shown on the attached Exhibit "B". Such temporary easement shall include the right to excavate and fill upon said temporary easement, but Grantee shall replace any fences or other fixtures upon said temporary easement without cost to Grantor, and shall restore the grade of the property which is the subject of the temporary construction easement, as nearly as possible to its grade prior to entry thereon. 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 any temporary or permanent structure in, into, upon, over, across or under any easements granted herein. Grantee agrees the Grantor shall incur no cost of installation for the 12" water line or the 6" sanitary sewer line, other than ordinary service tap fees and impact fees. TO HAVE AND TO HOLD the above-described permanent easement forever and the above described temporary easement for the period stated above, together with all and singular, the rights and appurtenances thereto, anywise belonging unto Grantee, its successors and assigns; and We do hereby bind ourselves, our heirs and 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 part thereof. 2 EXECUTED this the ~ day of Grantor SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS BEFORE ME, the undersigx3ed authority in and .fpr said County, Texas· on this day personally appreaxed ~,-dd_ '~/~,~ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 7/~'~ay of f~/~ ,19 ~ 7 . My Commission Expires: Notary Public in and for tl~ State of Texas Type or Print Notary's Name THE STATE OF TEXAS COUNTY OF JOINT ACKNOWLEDGMENT BEFORE ME, the undersigned authority in and for said , on this day personally appreared known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this · 19__ day of Notary Public in and for the State of Texas My Commission Expires: Type or Print Notary's Name 4 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated from to the City of Southlake, County of Tarrant, State of Texas, has been duly accepted subject to all terms and conditions contained therein by resolution of the City Council adopted the day of , 19 , and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. AFTER FILING, PLEASE RETURN TO: City of Southlalce c/o: Sandy LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 f:~word~ forms~instrume.ded David C. Moak, R.P.L.S. Consultant David W. Myers, R.P.L.S. President David C. Moak Surveyors, Inc. Registered Professional Land Surveyors Texas · New Mexico · Arizona , Nevada · Acreage · Topography · Subdivisions · Loan Surveys · Investigative Surveys · Construction Layout 10 FOOT WIDE UTILITY EASEMENT DESCRIPTION All that certain tract or parcel of land situated in the Samuel Freeman Survey, Abstract No. 525, Tarrant County, Texas, being a portion of Tract No. 1 of the W.E. Mayfield Subdivision to Tarrant County, now situated in the city of Sou,blake, Tarrant County, Texas recorded in Volume 388-C, Page 4 of the Plat Records, Tarrant County, Texas, also described in the deed to Cavallino Properties, LTD. as recorded in Volume 12123, Page 218, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch steel rod stamped "Moak Surv. Inc." at the Southeast corner of said Cavallino Properties, LTD. tract, from which a 5/8 inch steel rod found bears North 16 degrees 03 minutes 00 seconds West, 0.26 feet, also being in the Northerly right-of-way line of Southlake Boulevard (a 130 foot wide right-of-way); THENCE North 70 degrees 47 minutes 12 seconds West along said Northerly right-of-way line and the Southerly boundary line of said Cavallino Properties tract, 292.73 feet, from which a Texas Highway Department Monument bears North 17 degrees 51 minutes 58 seconds West, 0.29 feet; THENCE North 00 degrees 09 minutes 51 seconds West along the West boundary line of said Cavallino Properties tract and the East right-of-way line of Bluebonnet Drive, 10.60 feet; THENCE South 70 degrees 47 minutes 12 seconds East, 10.00 feet North of and parallel to the aforesaid Northerly right- of-way line of Southlake Boulevard, 293.97 feet to the Easterly boundary line of said Cavallino Properties tract; THENCE South 06 degrees 23 minutes 38 seconds West along said Easterly boundary line of the Cavallino Properties tract, 10.26 feet to the place of beginning and containing 0.0673 of an Acre of land, more or less, as surveyed by David C. Surveyors, Inc. during the month of August, 1996. Job No. 96-198E2.doc (SEE EXHIBIT "A") 105-B Bedford Rd. · Bedford, Texas 76022-6208 · Me ro (8 7) 268-22il 0 0.04,?~ Ac~y SCALE l u 'r' or-. mo .D L LEGEND · FOUND STEEL ROD o SET CAPPED STEEL ROD - ~ + CROSS CUT IN CONCRETE ~ FOUND STEEL PIPE D FOUND BOlS D' ARC STAKE --~-- P(::~R OR TELEPHONE LINE + CENTERLINE FENCE TYP£ 3 DAVID C. MOAK Surveyors, Inc. REGISTERED PROFESSIONAL LAND SURVEYORS P.O. aox io34 ( HURST, TEXAS 76053 DATE D197073230 CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1725 E SOUTHLAKE BVD SOUTHLAKE TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R 0 Y INDEXED -- TARRANT SUZANNE HENDERSON OFFICIAL RECE COUNTY TEXAS -- COUNTY CLERK I PT T O: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 197175801 DR92 T003957 04/28/97 10:46 INSTRUMENT FEECD INDEXED TIME 1 D197073230 WD 970428 10:46 CG T O T A L : DOCUMENTS: 01 F E E S: 21.00 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.