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Cross Timber Hills (Lot 5, Block 4) - Sanitary Sewer EasementCITY OF SOUTHLAKE SANITARY SEWER EASEMENT OFFICIAL RECOR THE STATE OF TEXAS § COUNTY OF TARRANT § That we, Amy E. Milyo et ux Keith G. Milyo, GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of -I'arrant, 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 sanitary sewer easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating sanitary sewer facilities in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to-wit: Being a permanent sanitary sewer easement and temporary 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. It is further understood that the City will abide by the items listed and described in the attached Exhibit 'C' during the construction of the sanitary sewer line and in the future if the sanitary sewer line is required to be disturbed, such as for maintenance. TO HAVE AND TO HOLD the above described permanent sanitary sewer easement with the right of ingress and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors and assigns, forever, and the above described temporary construction easement, and GRANTOR does hereby bind himself, his heirs, successors and assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXHIBIT C The City agrees to the following for consideration of said sanitary sewer easement as described in Exhibit 'A' and Exhibit 'B': 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) The City will waive the $1300 participation fee. The City will require the contractor to install construction fence around the dripline of all trees as shown on the construction plans. The contractor shall be limited to placement of spoil as shown on the construction plans. The City will require the contractor to install a temporary fence to contain and protect the dog. The City will require the contractor to install St. Augustine sod in areas disturbed by construction and areas along the south fence where St. Augustine grass is not currently established. Proper installation shall include removing the existing ground cover and prepping the areas with leveling sand prior to installation of sod. The City will require the contractor to repair or replace the irrigation system disturbed by construction of the sanitary sewer line. The existing storage shed shall be moved by the contractor to facilitate the construction of the sanitary sewer line. The City will require the contractor to replace the shed in its original location and re-install the rock around the shed as it currently exists. The City will require the contractor to replace all existing shrubs and bushes disturbed by the construction. These shall include, but are not limited to the "mermaid rose" bush that is currently located in the southwest corner of the property. The City shall catalog and inventory the existing trees on the property to determine the size, type, and existing condition prior to construction of the sanitary sewer easement. The City will remove and replace any tree that dies within 5 years following construction due to the construction of the sanitary sewer line. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the dead tree. The replacement tree or trees shall be a minimum of 3" caliper and 7 feet in height when planted. The removal and replacement of such trees shall occur within 6 months by the City upon being notified by the property owner. The City will require the contractor to lay plywood sheets along the ground in areas that will be driven on by equipment used to install the sanitary sewer. Following construction of the sanitary sewer line, the contractor shall aerate the areas that were covered by the plywood. The contractor shall restore all areas disturbed by construction to original or better condition. Restored areas include but are not limited to fences, irrigation systems, and the existing garden area. Restoration of the garden area includes replacing the soil, timber, and fence, etc. (~ _~WITNESS WHEREOF, this instrument is executed this ~ , 1999. day of STATE OF TEXAS § § COUNTY OF TARRANT § ACKNOWLEDGEMENT BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared ,/¢¢,~, y ~ .,¢~',/~,o ~' /~'~_.~'~/(~..~-~Z~/~d) known to me to be the person whose na~fl/e is subscr~ed,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. ,~EilVE~ UNDER MY HAND AND SEAL OF OFFICE, this the j~/"/'-day of Notary Public in and for The State of Texas STATE OF TEXAS My Comm. Exp. 0~30-2~.~1 My Commission Expires: Typed or Printed Name of Notary 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,.s,.~ of the City Council adopted the ,~ day of . . ~'/5~7f~° , 1¢].~/_, and the City Council has consented to recordation of such dedication instrument by its' duly authorized officer. DATED: ~~) AFTER FILING, PLEASE RETURN TO: GRANTORS GRANTEE City of Southlake c/o: Sandy LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 EXHIBIT 'B' 15' Permanent Utility Easement 35' Temporary Construction Easement 4,670 square feet of land being a portion of Lot 5, Block 4 of the Cross Timber Hills, Phase I, an addition to the City of Sou~lake, Texas as recorded in Volume 388/152, P.63, (P.R.T.C.T.) and being more particularly described as follows: BEGINNING at a ½ iron pin found at the southeast comer of said Lot 5. THENCE N 69° 43' 00" W, a distance of 289.66 feet along the south property line of said Lot 5 to a point for a comer, said point being the southwest corner of said Lot 5; THENCE N 57° 50' 37" E, a distance of 18.92 feet along the west property line of said Lot 5 to a point for a comer; THENCE S 69° 43' 00" E, a distance of 329.05 feet to a point for a comer in the east property line of said Lot 5; THENCE S 00° 05' 06" E, a distance of 1.89 feet along the east property line to a point for a corner in the south property line of said Lot 5; THENCE S 79° 54' 07" W, a distance of 26.16 feet to the POINT OF BEGINNING, containing within these metes and bounds 0.107 acres or 4,670 square feet of land, more or less. 444-LGL47.doc D199271519 CITY OF SOUTHLAKE 667 N CARROLL AVE ATTN SANDY LEGRAND SOUTHLAKE, TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T DESTROY I N D E X E D-- TARRAN T 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 SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 200030469 DR92 D W 10/28/1999 14:09 INSTRUMENT FEECD INDEXED TIME 1 D199271519 WD 19991028 14:09 CG T O T A L : DOCUMENTS: 01 F E E S: 21.00 BY: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REJ~L PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.