Cross Timber Hills (Lot 2, Block 4) - Sanitary Sewer Easement RECORD
·
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,/'mo.4t,O ~,,Y'h~,l~ #~Otfi~r and in consideration of the sum of Ten
($I0) Dollars an/l 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 sanitary
sewer easement for the purpose of installing, 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 15' 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.
See attached Exhibit 'C' - Letter dated July 3, 1999 from Don Henderson to the City of
Southlake outlining additional terms required to be added to this agreement. Pages 1 - 2
See attached Exhibit 'D' - Drawing prepared by Cheatham & Assoc., dated 9-16-99,
titled "Cross Timber Hills Sanitary Sewer Improvements" Page 44 of 52 (1 page).
See attached Exhibit 'E' - Letter dated July 21, 1999 from the City of Southlake (Shawn
Poe) to Don Henderson outlining the acceptance of additional terms to be made part of
this agreement (1 page).
See attached Exhibit 'F' - Letter dated September 27, 1999 from the City of Southlake
(Shawn Poe) to Don Henderson outlining the city's policy regarding future tree
replacement relative to this project. Terms of this letter will be made part of this
agreement (3 pages).
In consideration for said easement, the City will waive the $1300.00 participation fee.
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 ~ day of ~:~r~ ~ , 19 ~1.~
th~ un. dersigned authority, on this day personally appeared
BEFORE
Jca ¢ I~/I~' '~ ~,~cbJ/~ 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 purposes and consideration therein expressed.
GIVEN under my hand and seal of office on this the .~ff day ofc0¢.-/~ ~/, A.D. 19_~..~
.......... br the State of Texas
My commission expires:
Accepted by the City of Southlake, this the
[ .dayof~2gP/~.D. 19~..~
City of $out'Q~dL(~/Vake, Texas
RETURN DOCUMENTS TO:
GRANTOR
GRANTEE
City of Southlake
c/o Sandra LeGrand
City Secrctary
667 N. Carroll Ave.
Southlake, 'IX 76092
98021E14
EXHIBIT B
3,652 square feet of land being a portion of Lot 2, Block 4, Cross Timbers Hills, Phase I, an addition
tothe city of Southlake, Tarrant County, Texas according to the plat recorded in Volume 388/152,
Page 63, Plat Records of Tarrant County, Texas; said 3,652 square feet of land being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the northeast comer of said Lot 2;
THENCE S 6° 48' 00" E, 15.10 feet along the east line of said Lot 2;
THENCE S 89° 42' 00" W, 239.72 feet to a point in the southwesterly line of said Lot 2;
THENCE N 31° 45' 00" W, 17.58 feet along the southwesterly line of said Lot 2 to the northwest
comer of said Lot 2;
THENCE N 89° 42' 00" E, 247.18 feet along the north line of said Lot 2 to the POINT OF
BEGINNING and containing 3,652 square feet of land.
EXHIBIT ~C~
Page 1 of 2
July 3, 1999
Mr. Shawn Poe
City of Southlake
1950 East Continental Blvd.
Southlake, TX 76092
RE: Sanitary Sewer - Cross Timber Hills Subdivision
Lot 2, Block 4, Phase I
Vol. 388 - 152, Page 63
Donald W. & Jane M. Henderson
Certified Receipt No.
Z 443 006 797
Dear Mr. Poe:
We appreciate your recent visit to our home on 7-2-99. The information you related to
my wife, Jane, was helpful in assisting her to understand the scope of work that the city is
proposing for installation of a new sewer line through our property.
ObviOusly our family is quite concerned about the possible damage and death of several
large oak trees in your proposed work area. To help avoid any damage to these trees we
must insist that no construction activity take place within the "drip - line" of any trees.
We would ask that a detailed drawing be prepared by the project engineers of this project.
This drawing should accurately show the location of all existing trees relative to our
property lines and the existing structure. This drawing should also show the distances
from these trees that construction fencing will be installed to prevent encroachment
during construction. Upon approval by both parties this drawing will be made part of the
construction document that is supplied the "contractor" of this project. The contractor
will be required by the city to install all protective fencing for the "tree protection" prior
to commencing work. The project contractor and the city will be liable for all damages
that result from unauthorized work inside the "tree protection" areas.
We realize that this may seem like an unreasonable request, involving a great deal of
extra effort not normally required ora typical sewer line installation. However, our home
was specifically designed with large windows to take advantage of the beautiful
landscape views in the area we are discussing. Please understand our concerns about this
work on ottr property.
Also, once the final area detailed drawing of this project work area is completed, final
quantities of Zoysia sod to be replaced and irrigation system repairs can be determined.
We would ask that we be allowed to perform these work items after the contractor has
completed his work and has left the work site graded to + or -. 10 feet from the original
EXHIBIT 'C'
Page 2 of 2
Page 2
Mr. Shawn Poe
The City of Southlake
RE: The Henderson Residence - New Sewer Construction
grade. We will provide you with costs for this work with both parties agreeing to our
work reimbursement before work can commence.
At this time, Jane and I cannot agree with the wording of the first paragraph of the utility
easement agreement. The easement that we are agreeing to is for the installation ora new
sewer line only. If any future utilities are to be installed in this area a new easement
agreement will be required.
Finally, we would request that the city waive the participation fee of $1300.00 that is
associated with this project. You have indicated at the 7-2-99 meeting that this would
indeed be waived.
Please review our requests and contact me if you have any questions or comments
regarding this matter.
Sincerely;
Don Henderson
1334 Hidden Glen
Southlake, TX 76092
817) 481 -3247
dh/itoh
cc: Ms. Debra Edmondson
City of Southlake Coucilwoman
Mayor:
Rick Stacy
Mayor Pro Tern:
Gary Fawks
Deputy Mayor Pro Tem:
Ronnie Kendall
Councilmernbers:
Wayne Moffat
Rex Pot~er
Debra Edmondson
Patsy DuPre
City Manager:
Billy Campbell
Assistant City Manager:
Shana K. Yelverton
City Secretary:
Sandra L. LeGrand
EXHIBIT 'E'
Page 1 of 1
City of Southlake
July 21, 1999
Don & Jane Henderson
1334 Hidden Glen
Southlake, TX 76092
RE: Sanitary Sewer Easement
Dear Mr. & Mrs. Henderson:
I am in receipt of your letter dated July 3, 1999. Your suggestion to have
a detailed plan showing the limits of the construction fencing to be
installed around the protected trees is very valuable. I will make the
appropriate changes to the construction plans as you indicated in your
letter with regard to the protection of the trees on your property. Once
these changes have been made, I will forward a copy to you for your
approval. The City will allow you to complete the re-sodding of the
Zoysia grass as you requested and the City will reimburse to you the cost
associated with the re-sodding The contractor will repair the irrigation
system to your satisfaction if it is disturbed. The wording of the easement
can be changed to an exclusive sanitary sewer easement. Attached are two
copies of the revised easement language with the requested changes. The
City will waive the $1300 participation fee. The City would request you to
execute the easement documents for the sake of time since the City has
agreed to your demands in writing. If you have any questions, please call
me at (817) 481-5581 extension 846.
Sincerely,
Shawn Poe, P.E.
Capital Projects Engineer
1721 East Southlake Blvd., Suite 100 · Southlake, Texas 76092
(817) 481-5581 · (817) 488-9370
"AN EQUAL OPPORTUNITY EMPLOYER"
Mayor:
Rick Stacy
Mayor Pro Tern:
Gary Fawks
Deputy Mayor Pro Tem:
Ronnie Kendall
Councilmernbers:
Wayne Moffat
Rex Potter
Debra Edmondson
Patsy DuPre
City Manager:
Billy Campbell
Assistant City Manager:
Shana K. Yelverlon
City Secretary:
Sandra L. LeGrand
EXHIBIT 'F'
page 1 of 3
City of Southlake
September 27, 1999
Mr. & Mrs. Don Henderson
1334 Hidden Glen Ct.
Southlake, TX 76092
RE: Cross Timber Hills Sewer
Tree Survey
Dear Mr. & Mrs. Henderson:
Thank you for your time on Saturday, September 25, 1999. Attached is a
copy for your records of the tree survey that was performed by the Landscape
Administrator, Keith Martin. This survey will be utilized in the event if it is
determined that the trees were disturbed or damaged during the construction
of the sanitary sewer. If it is determined that any tree was damaged due to the
construction of the sanitary sewer, the City will replace that tree which dies
within 5 years from the completion date 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.
If you have any questions, please call me at (817) 481-5581 extension 846.
Sincerely,
Shawn Poe, P.E.
Senior Civil Engineer
1721 East Southlake Blvd., Suite 100. Southlake Texas 76092
(817) 481-5581 · (817) 488-9370
"AN EQUAL OPPORTUNITY EMPLOYER"
EXHIBIT 'F'
Page 2 of 3
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For Exhibit
Exhibit File
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