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A-686 (FM 1709-Shady Oks)(2)OFFICIAL RECORD CITY OF SOUTHLAKE PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That (I), ~ ' , Grantor herein, for and ~ consideration of ~e City of SourCe relinquishing payment of ten (10) dollars, and o~er good and valuable consideration by Grantee here~, the receipt and sufficiency of which is hereby ac~owledged and co~essed, ~ve grated, sold ~d conveyed, and by ~ese presents do grant, sell and convey to ~e CITY OF SOUTHL~, Grantee herein, of T~rant Cowry, Texas a pem~ent ~d pe~emal easement ~d temporau construction easement for ~e p~ose of ~tall~g, repairing, ma~tai~ng, altering, replacing, relocat~g, and operating milities ~, ~to, upon, over, across and ~der ~at l~d in Ta~ant County, Texas described as follows, to-wit: Being a permanent 15 foot wide utility easement and a 35 foot wide temporary construction easement, described as follows: See Exhibit "A" for metes and bounds description. See Exhibit "B" for graphic depiction together with the right of ingress and egress as necessary for such purposes. Grantor covenants and agrees that Grantor and Grantor's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under said permanent easement granted herein any temporary or permanent structures, and it is further agreed that Grantee shall have the right to excavate and fill upon and within said permanent easement, and shall have the right to remove from said permanent easement any fences, buildings, or other obstructions as may now be found upon said permanent easement. Grantee shall replace any existing fences and shall re-sod or re-seed the permanent easement where necessary to return the property as nearly as possible to its prior condition. Such temporary construction easement shall include the right to excavate or fill upon such property, but Grantee shall replace any existing fences, improvements, or other fixtures within or upon said temporary construction easement without cost to Grantor, or current owner thereof, and shall restore the property as nearly as possible to its condition prior to entry thereon. TO HAVE 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 I/We do hereby certify that I/We are the owners of the property described herein and bind myself/ourselves, my/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 /5/ day of /~a'~'r~/ . 19~ Page 1 of 2 THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT BEF. O ,RE ~IvI_E, the u. ndersignedfi3uth, ori~[y, on this day personally appeare~ (Title) "-~//I,~z~.~> ~/--/~ . of f/J7 /?Q~-~.~,, a pa~e~sh~p, ~o~n t~me to be ~e person(s) whose ~e(s) is/are subscri~d to ~e foregoing ins~ent, and ac~owledged to me ~at he/she/~ey executed ~e s~e for ~e pu~oses ~d consideration ~erein expressed aM in ~e capaci~ ~erein stated, and as ~e act aM deed of said pa~nership. GIVEN UNDER MY HAND AND SEAL OF OFFICE on ~is ~e/~ay of-~~ A.D. 19q~ Notary Public inb~nd for the State of Texas My commission expires: ~ ~J.~ __STATE 6F T£~ ~ 3,, Accepted by the City of Southlake, this the _t~d day of ~~._, A.D. By: ~~'~~ City of S~thlake, Texas RETURN DOCUMENTS 'IO: GRANTOR F.M. 1709 Shady Oaks, Ltd. c/o Stratford Land Investments, Inc. 8100 Lomo Alto, Suite 208 Dallas, TX 75225 GRANTEE City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 Page 2 of 2 EXHIBIT "A" 15' UTILITY EASEMENT BEiNG a tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas, and being a part of a tract of land conveyed to F.M. 1709 - Shady Oaks, Ltd., as recorded in Volume 11618, Page 1514, Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point for the Southwest comer of said tract, said point being in the northerly right-of-way line of F.M. 1709 (Southlake Boulevard); THENCE N 05°43'04" W, a distance of 15.11 feet to a point for comer; THENCE S 88057'44" E, at 15 ft. north of and parallel to the said northerly right-of-way line of F.M. 1709, a distance of 797.97 ft. to a point for comer; THENCE S 01043'47'' E, a distance of 15.02 feet to a point for corner, said point being in the north right-of-way line of F.M. 1709; THENCE N 88°57'44" W, a distance of 797.92 feet to the POINT OF BEGINNING and containing 0.275 acres (11961 sq. ft.) of land, more or less. \southlak\eascmcnfilittbry.A 0 50 ~00 Scole 1"=100' Point of Beginnin! 200 EXHIBIT 'B' 1;5' UTILITY EASEMENT r..I NO5"45'O4"W 1 5' Utility Easement Existing 15' Ut,;lity Esm Hg0_ESMT.DWG (001-423) i' "' :"'¢ ~$01 '43'47 'E 15. O2' City of Southl~ke ~ ~ ~ CHEATHAM AND ASSOCIATES 1601E. LAMAR SUITE 800 ARLINGTON, TEXAS 76011 METRO (817) 865-8836 (817) 548-0606 I certify that this is a true and accurate representation of this survey as made on the ground. D195033834 CITY 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 ¥ INDEXED-- 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 195118661 DR91 T000224 02/27/95 10:35 INSTRUMENT FEECD INDEXED TIME 1 D195033834 WD 950227 10:35 CG T O T A L : DOCUMENTS: 01 F E E S: 15.00 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE I~ INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.