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Cross Timber Hills (Lot 1, Block 4) - Permanent Sanitary Sewer EasementCITY OF SOUTHLAKE PERMANENT u i ;z,; itr EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § OFFICIAL KNOW ALL MEN BY THESE PRESENTS: That we, %~lC. ag~ %~ ,for and in consideration of the sum of Ten ($10) Dollars and other good and valuable ~onsideration 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 ~ easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operati~ in, into, upon, over, across and under that land in Tarrant County, Texagdescribed 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' during the construction of the sanitary sewer line. TO HAVE AND TO HOLD the above described ,~;[12~ 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 ql/~ dayof ~x~¢~l-~. ,1999. B,EFORE ME, the undersigned authority, on this day personally appeared ~ ~-~ 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 ~ day of ~ff~'~.0 , A.D. 1999. Accepted by the City of Southlake, this the .. My commission expires: day o~, A,D. 4-9997-'. RETURN DOCUMENTS TO: GRANTOR GRANTEE City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Ave~ Southlake, TX 76092 EXI-E[BIT B 2,918 square feet of land being a portion of Lot 1, Block 4, 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 Lot 1, being conveyed to Robert E. Flaherty et ux Laura Flaherty according to the deed recorded in Volume 8160, Page 1225, Deed Records of Tarrant County, Texas; said 2,918 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at the northeast comer of said Lot 1; THENCE S 25° 00' 00" E, 16.51 feet along the easterly line of said Lot 1; THENCE S 89° 42' 00" W, 197.13 feet to a point in the west line of said Lot 1; THENCE N 06° 48' 00" W, 15.10 feet along the west line of said Lot 1 to the northwest comer of said Lot 1; THENCE N 89° 42' 00" E, 191.94 feet along the north line of said Lot 1 to the POINT OF BEGINNING and containing 2,918 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) 3) 4) 5) 6) 7) The City will waive the $1300 participation fee. The City will require the contractor to install construction fence around the drip-line of all protected trees and areas as shown on the construction plans (see attached Exhibit D). Access for the contractor shall be limited to areas confined within the construction fence as shown on construction plans. The existing trees on the property shall be bored to prevent any damage. The bore shall begin outside the drip-line of the existing trees. 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 within the permanent and temporasy 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 (type specified by owne0 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 to original or better condition. Restored areas include but are not limited to fences, irrigation systems, and grass (sod disturbed areas). No open trenches on the property shall be let~ at the end of each day during construction. OZ m~ D200013538 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 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 O N -- COUNTY CLERK OFFICIAL RECEIPT T O: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 200108238 DR96 N C 01/20/2000 09:50 INSTRUMENT FEECD INDEXED TIME 1 D200013538 WD 20000120 09:50 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.