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Brumlow Industrial Addition (Lot 1) - Sanitary Sewer Easement and Temporary Construction EasementOFFICIAL RECORD CITY OF SOUTHLAKE SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That (I) (we), The Shamrock Pipe Line Corporation, for and in consideration of Southlake relinquishing two sewer taps, a boring sleeve at driveway, and other good and valuable consideration in hand paid by Grantee herein, 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 herein, of Tarrant County, Texas a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas as described as follows, to-wit: Being a permanent 15 foot wide sanitary easement and a temporary 35 foot wide construction easement, described as follows: See attached Exhibit "A" for graphic depiction See attached Exhibit "B" for metes and bounds description together with the right of ingress and egress as necessary for such purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, any wise belonging unto the said Grantee, its successors and assigns forever subject to all prior easements, rights of way, and other exceptions of record and the rights of any parties in rightful possession associated with this property and to the restrictions, limitations and reserved rights herein after provided: 1) If the aforesaid location of the easement interferes with Grantor's use of its property at any time in the future, Grantor may from time to time and at any time require Grantee, at Grantor's expense, to relocate its utilities from this described easement to another location across Grantor's property, whereupon a new easement across Grantor's property will be substituted for the above. 2) Grantor reserves the right to cross the herein described easement, at any time and from time to time in the future, with pipelines, roadways, and/or other struatured facilities necessary to Grantor's operations. 3) This easement shall be terminated and expire at such time as the holder thereof shall cease to use the easement for the purpose intended for a period of 180 consecutive days; PROVIDED that this easement shall not terminate and expire if such non-use is caused by Act of God, explosion, extended maintenance, or any other reason beyond the reasonable control of the Grantee. The holder of such an expired easement shall, within twenty days of written request thereof, execute, in form proper for recording, a good and sufficient release of this easement. 12348 2i83 4) During any period of construction, maintenance, repair, replacement, inspection, and removal of facilities in this easement area, the holder of this easement shall not unreasonably interfere with Grantor's operations, shall work closely with Grantor's representatives to protect property and insure the safety of all concerned, and shall promptly restore to the conditions existing prior to such work, any land disturbed in such use. I/We do hereby certify that I/We are the owners of the property described herein and bind (myself) (ourselves), (my)(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 to claim same or any thereof. EXECUTED this the /~ day of ~ , 1996. THE SHAMROCK PIPE LINE~/~RPORATION D. A. McCane Title:Vice President BEFORE ME, the undersigned authority, on this day personally appeared D. A. McCane known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same for the purpose and consideration therein expressed. under my hand and seal of office on this the /~~ day of ~3 , A.D. 1996. STATE TEX ~qotary Pub]~-in ~-nd-for the State of Texas My commission expires: Accepted by the City of Southlake, this the A.D. 1996. By: ,~ary Fi~kes, Mayor Attest: Sandra LeGrand, City Secretary Grantor THE SHAMROCK PIPE LINE CORPORATION P.O. Box 631 Amarillo, TX 79105-0631 Return Documents to: Grantee City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Avenue Southlake, Texas 76092 -2- 123 8 218 123k8 2185 EXHIBIT 'B' PROPERTY DESCRIPTION Being a portion of a tract of land in the Harrison Decker Survey, Abstract No. 438, being described as Tract 1, Brumlow Industrial Addition to the City of Southlake as recorded in Volume 388-127, Page 89, Plat Records, Tarrant County, Texas, (PRTCT), and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southwest corner of said Tract 1, said point being in the north right-of-way line of the St. Louis & Southern Railroad, and the east line of Brumlow Avenue; THENCE N 04o46'00" W, along the west Pine of said tract adistance of 17.30 feet, to a point for corner; THENCE N 50o29'04'' E, a distance of 443.54 feet, to a point for corner; THENCE N 54°27'30'' E, adistance of 746.91 feet, to a point for corner; THENCE N00°10'42'' E, a distance of 538.83 feet, to a point for corner in the north Pine of said tract; THENCE S89°17'00" E, along the north line of said tract a distance of 15.00 feet, to a point for corner; THENCE S 00010'42'' W, a distance of 546.38 feet, to a point for corner; THENCE S 54027'30" W, a distance of 754.08 feet, to apoint for corner; THENCE S 50°29'04'' W, a distance of 443.16 feet, to a point for corner in the south line of said tract, said point being in a curve to the left having a radius of 3347.60 feet, with a long chord bearing S 56025'29" W a distance of 9.71 feet; THENCE Southwesterly along said curve to the left an arc length of 9.71 feet to the POINT OF BEGINNING, and containing 26,120 square feet, or 0.600 acres of land, more or less. f :\word\southlak\428\bru m 1-2/28/96 i23N8 2186 D196083080 CITY OF SOUTHLAKE 667 N CARROLL AVE 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 O Y NDEXED--TARRANT COUNTY TEXAS S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK OFFICIAL RECEIPT T O: CITY OF SOUTRLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 196184931 DR92 T003957 05/01/96 09:50 INSTRUMENT FEECD INDEXED TIME 1 D196083080 WD 960501 09:50 CG T O T A L : DOCUMENTS: 01 F E E S: 15.00 BY: 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. i23 8 2187