Continental Park Estates (Lot 24R, Block 2) - Utility EasementCITY OF SOUTHLAKE
STANDARD UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That (I) (We), GARY E. and TH~ODORA E. K~LNER ,
for and in consideration of the sum of Ten ($10) Dollars 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, and
operating utilities in, into, upon, over, across and under that
land in Tarrant County, Texas described as follows, to-wit:
Permanent 15' Wide Utility Easement:
* See Exhibit 'A' Attached for Drawing
* See Exhibit 'B' Attached for Metes and Bounds Description
* See Exhibit 'C' Additional Requirements for the Permanent and
Temporary Easement
and an additional contiguous temporary construction easement for a
period of one (1) year for the purpose of installing utilities on
the property known and described as follows, to-wit:
Two Temporary 25' Wide Construction Easements:
* See Exhibit 'A' Attached for Drawing
* See Exhibit 'B' Attached for Metes and Bounds Description
Such temporary easement shall include the right to excavate upon
such property, but Grantee shall replace any fences or other
fixtures upon said property without cost to Grantor, and shall
restore the property, the subject of the temporary construction
easement, as nearly as possible to its condition prior to entry
thereon.
TO HAVE AND TO HOLD the above described permanent easement,
together with all and singular, the rights and appurtenances
thereto, anywise belonging unto the said Grantee, its successors
and assigns forever; and I/We do hereby 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 or to
claim same or any thereof.
EXECUTED this the ;?T~ day of N~ , 19 ~0 · ~
01 ! 7
THE STATE OF
fIX~TY OF TARRANT ACKNOW~R~T
/, BEFORE ME, the ~d~signed au~hori, ty, on this day personally appeared
~p,~ ~ /~/~I/w~-~ ~ /~,~rl~ ~ /~'~-//~nown 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 purposes and consideration therein
expressed.
of
~.under my hand and seal of offioe o~ this the ?/) day
¢~,~. tJ , A.D.
N tar~/~ublic in and for t~e ~tate of Texas
My commission, expires:
//
Accepted by the City of Southlake, this the
A.D. 19~_.
,-' ~, .,- A ..~%
% '... .... W
· ,,,, '* ,,,,,,
City of Southlake/3~exas
day of~7~~,
I0117 It bO
R = 50.00'
L: 104,33'
T;
EXIST, 30' BUILDING LINE
EXIST. 15' DRAINAGE 8, UTILITY
V.388-I21, P59 P.R.T. CT.
ROGER L. LEMIEUX
etux CHARLOTTE L.
V 7003, P. 577 D.R.-EC:T.
LOT 23R, BLOCK 2
LOT £6, BLOCK 2
,POINT OF C, DX.-~
COMMENCING..~ CONTINENTAL
PARK ESTATES
' EXIST. 50' DRAINAGE,
.... MAINTENANCE ~ UTILITY
ESMT.
V. 588-12l, P. 59 P.R.T.CT.
KELLNER
JOEL C. DALTON
V8108, P41 D. RT. CT. . etux SANDRA
24R, BLOCK 2 I-~ ~ V. 802_2, P. 1954
Iq~ DR.TC, T.
I
'OINT OF BEGINNING LPROR PERMANENT
15' SANITARY
N82° I SEWER ESMT
PROP. TEMP. 25'
CONSTRUCTION
~ N50015'25'',
20.36'
S8~Ol7',
N 50° 15'25"W - 9 I. 30 '~ '77~
N 02~ 20'20" E - 79.89,'~1
1 8"W 25.15'
3"E I5.00'
Arlin~t.on Surveying I~ Mopping
Public Surveyors
EXHIBIT 'A'
15' SANITARY SEWER EASEMENT
LOT 24R, BLOCK 2
CONTINENTAL PARK ESTATES
POll EAST LAMAR, SUITE 200 460-2111
ARLINGTON. TEXAS 76006 METRO 265-7948
I certify that this is a
true and accurate
represemtation of this
stwvey as made on the
~o%md ~d that there
are r~ vim_,el encroac~,~uts
except as shown.
I0117 ii;b9
r
E~-IIBIT 'B'
PARK ~ (LC~ 24R)
~ 15~ SA~.L'X~,~,Y SENER ~
BRING a tract of land out of the Maxy Freeman Survey, Abstract 533, Tarrant
County, Texas and being a portion of Lot 24R, Block 2 of Co~tiner~l Park
Estates as recor~_~ in Volume 388-121, Page 59 P.R.T.C.T. and conveyed to Gary
Kellner etux ~heodora as reoord_~ in Volume 8108, Page 41 D.R.T.C.T. and being
mo~e particularly d_ ~cribed by me~ and b~unds as follows:
~CING at a point being in the east right-of-way line of Oak~ood Trail,
said point also being the southwest corner of Lot 26, Block 2 of Continental
P~rk Estates and conveyed to Kenneth D. Baker etux Joy as recorded in Volume
6328, Page 266 D.R.T.C.T., said point also being the most north, northwest
corner of said Lot 24R, Block 2;
TH~IC~ F~.~t, along the so~th line of said Lot 26, and th~ north line of said
Lot 24R for a d4~tance of 221.95 ft. to a point for corner, said point being
the southe~-_~t oorner of said Lot 26 and the north~.~t corner of said Lot 24R,
said point also being in the west line of Lot 38R, Block 2 of Continental Park
Estates and conveyed to Joel C. Dalton etux Sandra J. as recorded in Volume
8022, Page 1954 D.R.T.C.T.;
TH~CE S 08° 50' 00" E along the ~t line of said Lot 24R and along the west
llne of said Lot 38R for a distance of 414.03 ft. to a point;
TH~CE S 87° 46' 18" W for a distance of 25.15 ft. to a point being in the
west line of an existir~ 50 ft. drainage, maintenance and utility ~ament
dedicated in Vol~e 388-121, Page 59 P.R.T.C.T., said point also beir~ the
t~_e POINT OF E~G]]~ING of the tract of land herein described;
TH~NCE'S 08~' 50' 00" E al~ the west line of said 50 ft. easement for a
distance of 15 ft. to a point for corner;
%~H~24CE s 82° 17' 3" W for a distance of 131.77 ft. to a point for corner, said
point being in the north line of an existing 100 ft. drainage, maintenance and
utility ~.~nent dedicated in Volume 388-121, Page 59 P.R.T.C.T.;
~H~:qCE N 50° 15' 25" W along the north line of said 100 ft. easement for a
distance of 20.36 ft. to a point for corner;
TH~:~CE N 82° 17' 3" E for a distance of 145.24 ft. to the POINT OF B~GINNING
and containing 0.05 acres (2077 sq. ft.) of land more or less.
'v~utht ~ke'tseue~.pe
r~,, 11/1/~0
EXHIBIT 'C'
ADDITIONAL REQUIREMENTS
FOR THE
PERMANENT AND TEMPORARY EASEMENT
The City warrants that any and all damage to said property
within the permanent or temporary easement will be repaired or
replaced to the reasonable satisfaction of the property
owner. Repairs will include but not be limited to concrete
driveway, fences, sprinkler system, shrubs, trees (with the
exception of the cottonwood tree), etc. The City has entered
into a contract with the contractor to hydromulch (bermuda and
rye) all yard areas or where there is a threat of soil erosion.
The City agrees to keep the edge of the ditch line and manhole
area outside the drip-line of the pecan tree located in the
pasture.
The contractor has a 90-day time limit, after start of
construction, in which to substantially complete the project.
It is anticipated that the property owner will not be able to
use their driveway, due to construction for a maximum of 3
days. The contractor and city will make every effort to allow
the property to enter and exit their driveway. Driveway,
abutting hillside, and adjacent lawn will be restored within
one week (weather permitting) after laying the line.
Ail restoration work is guaranteed by the contractor for a two
year period.
The City agrees, when making future repairs to said sewer
line, to make every reasonable effort to access said line from
the south pasture area in lieu of the cul-de-sac area of
Oakwood Trail. The City of Southlake also agrees to repair
any future damage to the driveway, abutting hillside and
adjacent lawn created by its equipment during the maintenance
or repair of said sewer line. The above repairs will be done
to the reasonable satisfaction of the property owner.
Upon expiration of the two-year warranty agreement between the
City and contractor, items 1, 2, 3, and 4 will become null and
void.
D190201503
CITY OF SOUTHLAKE
687 N CARROLL AVE
CITY SECRETARY
SOUTHLAKE, TX
76092
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R 0 Y
F I L E D-- T A R r A N T C O U N T Y T E X A S
S U Z A N N E h E N D e R S 0 N -- COUNTY CLERK
OFFICIAL RECEIPT
T O: CItY Of SOUTHLAKE
RECEIPT NO REGISTER PRINTED DATE TIME
1910517&0 DRgl 12/07/90 13:&6
INSTRUMENT FEECD AMOUNT FILED TIME
D190201503 WD 11.00 901207 13:&6
CK 2218
T 0 T A L : DOCUMENTS: O1 F E e S: 11.00
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNFORCEABLE UNDER FEDERAL LAW.