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Cross Timber Hills (Lot 61, Block 4) - Permanent Utility EasementCITY OF SOUTHLAKE UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT That we, Ron H. Gamble etux Beck N. Gamble, 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 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 utility easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating utilities in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to-wit: Being a permanent utility 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. TO HAVE AND TO HOLD the above described permanent utility 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 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. IN WITNESS WHEREOF, this instrument is executed this F~J, , 1999. day of ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for .said County, Texas, on this day personally appeared ~. ~/. ~_~J~/~, +~-L~v~J.~'.:,~,.¢/¢-, , known to me to be the person whose name is subscribed 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~/z'/,,, day of J~-"'~¢....,~, . , 1999. Notary Public in and for The State of Texas My Commission Expires: (m ~',~/'.,¢~.'~1 NOTARY PUBLIC Typed or Printed Name 0f~tar~/ 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. CITYSECRETARY AFTER FILING, PLEASE RETURN TO: GRANTORS City of Southlake c/o: Sandy LeOrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 f:\word\ forms\instru mc.deal EXHIBIT 'B' Permanent Utility Easement Temporary Construction Easement Being a 0.138 acre tract of land in John Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and across Block 4, Lot 61 of the Cross Timber Hills Addition in Volume 388-174, P.57, (P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a ½" iron rod found for a corner, said point being the northwest corner of said Lot 61, the southwest corner of Block 4, Lot 62 of the Cross Timber Hills Addition in Volume 388-174, P.57, (P.R.T.C.T.), being in the Lakeview Drive right-of- way line, and being the POINT OF BEGINNING; THENCE S 64° E, a distance of 269.94 feet along the north property line of said Lot 61 and the south property line of said Lot 62 to a point for a corner; THENCE S 50° 30' 58" W, a distance of 1.95 feet to a point for a corner; THENCE S 28° 21' 09" W, a distance of 220.72 feet to a point for a corner; THENCE S 41° 12' 39" E, a distance of 26.77 feet to a point for a corner, said point being in the east property line of said Lot 61 and in the west property line of Block 4, Lot 4 of the Cross Timber Hills Addition in Volume 388-152, P.63 (P.R.T.C.T.); THENCE S 36° 21' 50" W, a distance of 15.36 feet along said property line to a point for a corner; THENCE N 41 o 12' 39" W, a distance of 25.02 feet to a point for a corner; THENCE S 31 ° 05' 44" W, a distance of 10.05 feet to a point for a corner, said point being in the south property line of said Lot 61 and in the north property line of Block 4, Lot 59 of the Cross Timber Hills Addition in Volume 388- 174, P.57 (P.R.T.C.T.); THENCE N 53° 36' 51" W, a distance of 15.06 feet along said property line to a point for a corner; THENCE N 31 ° 05' 44" E, a distance of 18.75 feet to a point for a corner; THENCE N 28° 2 l' 09" E, a distance of219.41 feet to a point for a corner; THENCE N 64° W, a distance of 254.50 to a point for a corner, said point being in the Lakeview Drive right-of-way line; THENCE northward along said right-of-way curve, having a delta of 08° 37' 54", radius of 50.00 feet, length of 7.53 feet, tangent of 3.77 feet, and long chord bearing N 30°41 '38"E with a length of 7.53 feet to the POINT OF BEGINNING, containing within these metes and bounds 0.138 acres or 6,001 square feet of land, more or less. 10/13/1999 EXHIBIT C The City agrees to the following for consideration of said sanitary sewer easement as described in Exhibit 'A' and Exhibit 'B': 1) The City w'fll waive the $1300 participation fee. 2) The Citywill require the contractor to install construction fence around the drip- line for all trees to be protected during construction. 3) The City will require the contractor to install buffalo grass sod in areas disturbed by construction. 4) The City will require the contractor to repair or replace the irrigation system disturbed by construction. 5) The City will mitigate the 3" caliper and larger trees removed for the construction of the sanitary sewer line. An equal number of trees shall be planted to equal, in diameter, the diameter of the dead tree. The replacement tree or trees shall be a minimum of 3" diameter and 7 feet in height when planted. 6) The Citywill require the contractor to lay plywood sheets along the ground in areas under the drip-line of protected trees. 7) The contractor shall chip any trees removed from the property necessary for the construction of the sanitary sewer line. The contractor, in an area designated by the property owner, shall stockpile the chip mulching. 8) Prior to construction of the sanitary sewer line, the following shall take place: The surveyor will stake the alignment of the sanitary sewer line. All trees to be removed necessary for the construction of the sanitary sewer line will be marker. The contractor and a representative of the City will walk the property with the property owner describing such tree removal. 9) Per verbal agreement with Shawn Poe sewer line will be a confmuous bore from fifteen feet (15') north of station 22+00 and continuing south to manhole located at station 23+88.23. 10) The City will require the contractor to install a construction fence along die easement marked N 64021'09'' E 219.41' to further protect landowners' property. 7 D200054732 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 N D E X E D-- TARRAN T COUNTY TEXAS S U Z A N N E H E N D E R S O N -- COUNTY CLE~ OFFICIAL RECEIPT T O: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 200163313 DRgl CAP 03/16/2000 08:48 INSTRUMENT FEECD INDEXED TIME 1 D200054732 WD 20000316 08:48 CG T O T A L : DOCUMENTS: 01 F E E S: 19.00 BY: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE 0P THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID ~ND UNENFORCEABLE UNDER FEDERAL LAW.