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Cross Timber Hills (Lot 52, Block 4) - Permanent Sanitary Sewer EasementOFFICIAL RECOR CITY OF SOUTHLAKE PERMANENT SANITARY SEWER EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we, it')oeec/e r ~"//~c z~,'~ , for and in consideration of the sum of Ten ($10) Dollars and oth~l/~ood a~d v~luable 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 sanitary sewer easement for the purpose of installing an underground sanitary sewer line and repairing, maintaining, altering, replacing, relocating, and operating a sanitary sewer line in, into, upon, over, across and under 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. TO HAVE AND TO HOLD the above described sanitary sewer easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and 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 thereof. EXECUTED this the /.4~, dayof/t~o//¢~,~_t'' , 1999. BEFORE ME, the undersigned authority, on this day personally appeared "D~L~l ~ ~g-tt [~(~t,...M~ ~,s-ro -.~ known to me to be the persons whose name are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the pu¢oses and consideration therein expressed. GI~N under my hand and seal of office on t~s the ~ day of MO~, _, A.D. 1999. ~ ~1 Nota. Public ~ ~J STATE OF TEXAS Accepted by the City of Southlake, this the ~-~ day of°7~4g~, A.D. 1999. By: ~ RETURN DOCUMENTS TO: GRANTOR GRANTEE City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 .-Im m:a ~m EXH1BIT 'B' 15' Permanent Sanitary Sewer Easement 35' Temporary Construction Easement Being a 0.084 acre tract of land in the Benjamin J. Foster Survey, Abstract No. 519, City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and across Block 4, Lot 52 of the Cross Timber Hills Addition in Volume 388-170, P.78, (P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a 5/8"iron rod found for a corner, said point being the northwest property comer for said Lot 52, the northeast property corner for Block 4, Lot 51 of the Cross Timber Hills Addition in Volume 388-170, P.78 (P.R.T.C.T.), being in the Lakeview Drive right-of-way line, and being the POINT OF BEGINNING; TIIENCE northward along said right-of-way curve, having a delta of 02° 04' 02", radius of 235.62 feet, length of 8.50 feet, tangent of 4.25 feet, and a long chord bearing N 78°45'02"E with a length of 8.50 feet to a point for a corner; THENCE S 11 ° 52' 44" E, a distance of 119.64 feet to a point for a corner; THENCE S 46° 04' 07" E, a distance of 160.96 feet to a point tbr a corner, said point being in the south prope~y line of said Lot 52 and in the north property line of Block 4, Lot 23 of the Cross Timber Hills Addition in Volume 388- 165, P.57 (P.R.T.C.T.); TIII£NCE S 80° 05' 12" W, a distance of 18.58 ['cci atm~g said property line to a point for a corner; TI IENCE N 46° 04' 07" W, a distance of 150.51 feet to a point for a comer, said point being in the west property line of said I,ot 52 and in the east property line of said Lot 51; THENCE N l0° W, a distance of 127.81 feet along said property line to the POINT OF BEGINNING, containing within these metes and bounds 0.084 acres or 3,638 square feet of land, more or less. October 21. 1999 EXHIBIT C The City agrees to the following for consideration of said sanitary sewer easement as described in Exhibit 'A' and Exhibit 1) 2) 3) 4) 5) The City will waive the participation fee. The City will require the contractor to install construction fence around the drip-line of all protected trees shown on the construction plans. All protected trees shall be bored as shown on the construction plans (see attached Exhibit D). The City will remove and replace any tree within the permanent and temporary easement 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 (type of tree as specified by owner). 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 within the drip-line of protected trees that will be driven on by equipment used to install the sanitary sewer. 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 grass. CONCRETE ENCASEMENT EXHIBIT D $0 L.F. BORE 25 L.F. BORE -- 15' PERM. EASEMENT ~,-4. · SERVICE .INE 35' EASEMENT P.I. STK 4+32 6 - 34°11'23 CONSTRUCT~ 25 L.F. BORE 35 L L.F. 8 0 D199290205 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 DESTROY I N DE X E D-- TARRAN T COUNTY TEXAS S U Z A N N E H E N D E R S O N -- COUNTY CLERK OFFICIAL RECEIPT T O: CITY OF SOUTHLAKE RECEIPT NO 200054066 REGISTER RECD-BY PRINTED DATE TIME DR93 N C 11/22/1999 08:02 INSTRUMENT FEECD INDEXED TIME 1 D199290205 WD 19991122 08:02 CG T O T A L : DOCUMENTS: 01 F E E S: 15.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEJ%BLE UNDER FEDERAL LAW.