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Oakwood Pond Addition (Lot 1, Block 1) - Permanent Utility Easement CITY OF SOUTHLAKE OFFICIAL RECORD PERMANENT UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: THAT WE, Blair Dufour and wife, Cathy Dufour, for and in consideration of the sum of One Thousand Five Hundred ($1,500.00) Dollars and other good and valuable consideration in lmnd 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 Sonthlake, Grantee herein, of Tarrant County, Texas a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating utilines in, into, over, upon, across and under that land in Tarrant County, Texas described as follows, to-wit: Being a permanent 15' utility 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 necessmy for such purpose. As further consideration for granting this easement the City of Southlake will waive the sewer tap fee for one residential tap upon the subject property. THIS GRANT OF EASEMENT SHALL, HOWEVER, BE AND REMAIN SUBJECT, TO THE FOLLOWING RESTRICTIONS: (a) No structure or facility of any description shall be located at the surface or above ground in the easement by Grantee except temporary during construction. (b) Any damage to the surface caused during installation, subsequent access or use of the easement by Grantee shall be promptly repaired and restored to its original condition at Grantee's sole expense. Such damage shall specifically include but not be limited to grass, trees, slu'ubs, landscaping, curbs, sidewalks, drives, and similar items or improvements o~e surface of the easement. (c) Fencing located on grant~ s propem.' lnay have to be partially removed during consU'uction to provide ingress and egress. Grantee agrees to restore such fencing on each occasion of its removal by Grantee. (d) Grantor may, but shall not be required to retain any excess soil from excavations incident to conshmction within the easement. Blair Duffur, Grantor TO HA VE AND TO HOLD the above described 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 ever)' person whomsoever lawfully claiming or to claim same or any thereo£ EXECUTED this the ~') day of ,1999 Cath3~Dufour, (~ntor ' Permanent Utility Easement-Dnfour-rs Page 1 of 2 1 BEFORE ME, the undersigned authority, on this day personally appeared ~, ~ ( · known to me to be the persons whose name are~ubscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purpose and consideration therein expressed. my dandsealofofficeonthisthe,~ dayof : :~ {,'~"~ ,1999. Notary Public in and for the State of Texas MY COMMI~K~N EXPIRES My commission expires: Accepted by the City of Southlake, this the /9 day of ~4~T~ , A.D. 1999. By: The City of ~thlake, Texas RETURN DOCUMENTS TO: GRANTOR Blair & Cathy DuFour 2425 Ridgecmst Southlake, TX 76092 GRANTEE City of Southlake % Sandra LeGrand City Secretary 1725 E. Southlake Blvd. Southlake, TX 76092 Permanent Utility Easement-Dufour-rs Page 2 of 2 2 EXHIBIT 'B' 15' PERMANENT UTILITY EASEMENT Field Notes Being a 0.046 acre tract of land in the J.W. Chivers Survey, Abstract No. 350, Tarrant County, Texas and being a 15 foot wide strip of land, over, through, and across Lot 1, Block 1 of the Oakwood Pond Addition, an addition to the City of Southlake, Cabinet A, Slide 2362, and being more particularly described as follows: Being a 15 foot wide strip of land having a centerline north, a distance of 7.5 feet from the south property line of said Lot I in the Oakwood Pond Addition, said south property line also being the north right-of-way line of East Dove Road, and being contiguous and continuous across the limits of said tract, containing 0.046 acres or 2,016 square feet of land. G:\001-435'~ASEMENTS~35-114.wpd ..... -WA R N I D199204675 CITY OF SOUTHLAKE C/O SANDRA LEGRAND 1725 E SOUTHLAKE BLV SOUTHLAKE TX 76092 N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T DESTROY I N D E X E D-- T ARRAN T C O U N T Y 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 SOUTH~KE RECEIPT NO REGISTER RECD-BY PRINTED DATE 199359733 DR93 N C 08/11/1999 TIME 13:27 INSTRUMENT FEECD INDEXED TIME 1 D199204675 WD 19990811 13:27 CG T O T A L : DOCUMENTS: 01 F E E S: 15.00 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.