Cross Timber Hills (Lot 5, Block 1) - Permanent Utility EasementCITY OF SOUTHLAKE
PERMANENT UTILITY EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
OFFICIAL RECORD
KNOW ALL MEN BY THESE PRESENTS:
That we, Gene R. Kalal and wife, Dana L. Kalal, for and in consideration of the
sum ofTen ($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 utility easement for the purpose of installing, repairing, maintaining, altering,
replacing, relocating, and operating underground utilities in, into, upon, over, across and
under that land in Tarrant County, Texas described as follows, to-wit:
Being a permanent utility 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' as terms and conditions of the easements.
The construction of the sewer line along the west property line will be bored as
shown on the attached Exhibit 'D'.
TO HAVE AND TO HOLD the above described utility 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 P
~,I?~I~ORE ME, the undersigned authority, on this day personally appeared
~L~ .~ T)~;~x. ~j ~t~~' 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 l0 -day of ' b~%/.~0AXJrA,D.~ '
D. SMIT
Notary Public
STATE OF TEXAS
My commissi~ expires:
Accepted by the City of Southlake, this the _
dayof
RETURN DOCUMENTS TO:
GRANTOR
GRANTEE
City of Southlake
c/o Sandra LeGrand
City Secretary
667 N. Carroll Ave.
Southlake, TX 76092
15'
EXHIBIT "A"
WIDE PF. RMANENT SANITARY SEWER EASEMENT
10' TEMPORARY CONSTRUCTION EASEMENT
BEING A PORTION OF LOT 5, BLOCK 1, CROSS TIMBER HILLS, PHASE I, AN
ADDITION TO THE CITY OF SOUTHLAKE, TEXAS, ACCORDING TO THE PLAT RECORDED
IN VOLUME 388-152, PAGE 63, PLAT RECORDS OF TARRANT COUNTY, TEXAS
NOTE: BEARINGS ARE BASED UPON MONUMENTS FOUND ALONG THE WEST LINE
OF LOT 5, BLOCK 1, CROSS TIMBERS HILl-q, PHASE L
ARTHUR R. JANES
VOL. 10547, PG. 1629
5/8" IRF.
SCAI,~: 1"= 100'
N 89'42'00" E - 15.27'
I ~.WIxDE PERMANENT3,442 S.F.S.S.
LOT 6
LOT 7
\ 518"
/~vCROSS TIMBER HILLS. PHASE I
OL. 388-152, PG, 63
GENE R. KALAL
DANA C. KALAL
VOL. 12836, PG. 411
_
--10' ~MP~ONST. ESM'T.
LOT 4
I= 17'28' 13"
.00'
L= 15.25'
LOT 8 LOT 3
~ 12/13/99
JAMES G, FERC~SON, R.P.L.S. NO. 1956
LANDES & ~SOCIATES, l~C.
REGISTEI~I) PItOI~SSIONAL I,ANI) ~ORS
98021E19
EXHIBIT B
3,442 square feet of land being a portion of Lot 5, Block 1, Cross Timbers Hills, Phase I, an addition
to the city of Southlake, Tarrant County, Texas according to the plat recorded in Volume 388/152,
Page 63, Plat Records of Tarrant County, Texas; said 3,442 square feet of land being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found at the northwest corner of said Lot 5;
THENCE N 89° 42' 00" E, 15.27 feet along the north line of said Lot 5;
THENCE S 11° 00' 00" E, 229.62 feet to a point in the ROW line of Cross Timbers Ddve and a curve
to the left;
THENCE along said ROW line and said curve to the left in a northwesterly direction through a central
angle of 17° 28' 13" a radius of 50 feet, an arc length of 15.25 feet to a 5/8 inch iron rod found at
the southwest comer of said Lot 5;
THENCE N 11° 00' 00" W, 230.08 feet along the west line of said Lot 5 to the POINT OF
BEGINNING and containing 3,442 square feet of land.
EXHIBIT C
The City agrees to the following for consideration of said utility easement as described in
Exhibit 'A' and Exhibit 'B':
1)
2)
3)
4)
5)
The City will waive the $1300 participation fee.
In the event of future construction, repair, or maintenance of the sanitary
sewer line, the City will exhaust all alternatives to repair the sanitary sewer
line prior to utilizing open cut trenching.
The City will replace any tree within the permanent and temporary easement
that is removed for construction, repair or maintenance or dies within 5 years
following construction, repair or maintenance 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 (type specified by owner) 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 contractor shall restore all areas disturbed by construction, repair or
maintenance to original or better condition. Restored areas include but are
not limited to fences, irrigation systems, grass (contractor shall sod disturbed
areas), driveways and trees.
The City shall use reasonable weight distribution techniques when performing
construction, repair, or maintenance of the sanitary sewer line, such as placing
plywood down on the ground during such activities.
D200039550
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE TX 76092
PART OF THE OFFICIAL RECORD--D O N O T
DESTROY
I N D E X E D -- T A R RAN T C O U N T Y T E XA S
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
200143284
REGISTER RECD-BY PRINTED DATE TIME
DR2A LW 02/25/2000 16:05
INSTRUMENT FEECD INDEXED TIME
1 D200039550 WD 20000225 16:05
CG
T O T A L : DOCUMENTS: 01 F E E S: 17.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.