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Cross Timber Hills (Lot 23, Block 4) - Permanent Utility EasementCITY OF SOUTHLAKE PERMANENT UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § "CIAL F KNOW ALL MEN BY THESE PRESENTS: That we,/~,.,,~slk. /'~a~g/4dt'~4q, 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 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' during the construction of the sanitary sewer line. 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 22~4dayof ~;~e~4~/ae,- , 1999. ~,~ORE ME, the undersigne~ author~y, on this day personally appeared t~/~. ~ f}'M~ e.~- ~,,~.~ known to me to be the persons whose name --are subscribed to ~he fore~'oing i-n~t~ment, 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 theO~day~of~A.D. 1999. y commission expires Accepted by the City of Southlake, this the / day of~~.D. 1999. RETURN DOCUMENTS TO: GRANTOR GRANTEE City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 A.A, FR_lJr~AN 4UnVI..Y_ A-#~,,, A '\ / / / / EXHIBIT 'B' 15' Permanent Utility Easement 35' Temporary Construction Easement Being a 0.10 acre tract of land in the A.A. Freeman Survey, Abstract No. 522 and 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 23 of the Cross Timber Hills Addition in Volume 388-165, P.57, (P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a V2" iron rod found for a comer, said point being the southeast property comer for Block 4, Lot 52 and the southwest property comer of Block 4, Lot 53, both of the Cross Timber Hills Addition in Volume 388-170, P.78 (P.R.T.C.T.), and being in the north property line of Block 4, Lot 22 of the Cross Timber Hills Addition in Volume 388-165, P.57 (P.R.T.C.T.); THENCE S 42° 58' 46" W, a distance of 12.78 feet to a point for a comer, said point being in the east property line of said Lot 23 and in the west property line of said Lot 22, and being the POINT OF BEGINNING; THENCE S29°04'05"E, adistanceof15.22 ~etalongsaidpropertylinetoapoint ~racomer; THENCE S 70° 43' 03" W, a distance of 110.29 feet to a point for a comer; THENCE S 86° 43' 21" W, a distance of 76.80 feet to a point for a comer; THENCE S 59° 45' 02" W, a distance of 65.99 feet to a point for a comer, said point being in the west property line of said Lot 23 and in the east property line of Block 4, Lot 24 of the Cross Timber Hills Addition in Volume 388-165, P.57 (P.R.T.C.T.); THENCE N 51° 58' 23 ' W, a distance of 4.55 feet to a point for a comer, said point being in the northwest property line of said Lot 23, the north property comer of said Lot 24, and in the east property line of Block 4, Lot 34 of the Cross Timber Hills Addition in Volume 388-170, P.78 (P.R.T.C.T.) THENCE N 00° 10' 02" W, a distance of 12.42 feet along said property line to a point for a comer; THENCE N 59° 45' 02" E, a distance of 65.08 feet to a point for a comer; THENCE N 86° 43' 21" E, a distance of 62.14 feet to a point for a comer; THENCE N 46° 09' 19" W, a distance of 28.51 feet to a point for a comer, said point being in the north property line of said Lot 23 and in the south property line of said Lot 52; THENCE THENCE THENCE N 80° E, a distance of 18.58 feet along said property line to a point for a comer; S 46° 09' 19" E, a distance of 30.14 feet to a point for a comer; N 70° 43' 03" E, a distance of 102.04 feet to the POINT OF BEGINNING, containing within these metes and bounds 0.10 acres or 4,235 square feet of land, more or less. 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. The City will require the contractor to install construction fence around the drip-line of all protected trees shown on the construction plans. The City will remove and replace any tree within the permanent and tempora~ 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. 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. D199290208 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 0 T DESTROY I N D E X E D-- TARRANT 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 200054069 DR93 N C 11/22/1999 08:03 INSTRUMENT FEECD INDEXED TIME 1 D199290208 WD 19991122 08:03 CG T O T A L : DOCUMENTS: 01 F E E S: 19.00 BY: 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.