Loading...
A-529 (7A)OFFICIAL RECORD CITY OF SOIYI'HLAKE PERMANENT WATERLINE EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we W. E. Dalton and Dorothy H. Dalton Grantors, for and in consideration of the sum of $26,849 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 Sonthlake, Grantee herein, of Tarrant County, Texas a non-exclnsive permanent and perpetual easement for the purposes of inslalling, repairing, maintaining, altering, replacing, relocating, and operating one water line under that land in Tarrant County, Texas described as follows, to wit; Being a permanent water line 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. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights an appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns louver: and Grantors do hereby certify that Grantors are the owners of the property described herein and bind ourselves, our heirs and assigns, !o 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 thereof, by, through or under Grantors, but not otherwise. Grantors hereby serve the right, for themselves and their successors and assigns, to grant such other or similar easements, rights, fights.of-way, and privileges over, across and under the properly described on Exhibit B attached hereto and made a part hereto (the "Easement Area"); provided, however any soch easements, rights, fights-of-way and privileges hereinafter granted over, across or under the Easement Area shall not interfere with the use of the easement herein granted. Grantor, their successors and assigns, shall also have the right to use and enjoy the Easement Area for any other purpose whatsoever that does not unreasonably interfere with the use thereof by Grantee for the purposes herein specifically stated. Grantee, al Grantee's sole cost and expense, shall maintain the water line under the Easement Area in good condition al all times and shall fill in all ditches and holes caused by Grantee's operations and shall in a good and workmanlike manner, level and restore the surfaco and the contour of the ground of the Easement Area to its condition immediately prior to the installation oftbe water line. Granlee assumes all liability for all claims, losses, costs and damages, for injuries lo any person or properly, arising out of or in any way connected with the conslmcting, maintaining, operating, repairing, replacing, changing the size of and removing at any time any of the water line improvements constructed by Grantee in the Easement Area. Grantee shall not fence or otherwise obstruct the boundaries of the Easement Area. Grantee shall confine ils operations, including withoul limitation, ingress and egress, to the Easement Ama and, during the installation of the waterline only, such additional portion of the real properly owned by Grantors as is reasonably necessary to install the water line, which additional area shall in no event be more than ten feet (10') to thc South of the Easement Area. Upon the installation of the water line in the Easement Area. Grantee shall not have any further right to use any portion of the Properly owned by Grantors other than the Easement Area. Grantee's use of the Easement Area shall be subject to any and all existing easements, fights-of- way and other matters of record. Executed this the / ? ,,~.. day of J~4~ ;1997. !27!2 t651 BEFORE ME, the authority, on this day personally appeared J~'. ~--. ~o ,~ T',67 ~ ~,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 ,~,2,0-/~ day of A.D, 19 ~ 7 · Notary in the State of TOas My commission expires: BEFORE ME, the 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 A.D. 19 day of Notary Public tn and for the State of Texas My commission expires: Accepted by the City of Southlake, this the RETURN DOCUMENTS TO: GRANTOR Cily of Southlake c/o Sandra LeGrand City Secreta~' 667 N. Carroll Ave. Southlake, TX 76092 12712 t652 i. 2712 1653 EXHIBIT 'B' 20' PERMANENT UTILITY EASEMENT Field Notes Being a 0.616 acre tract of land in the John A. Freeman Survey, Abstract No. 529, City of Southlake, Tarrent County, Texas and being a portion of a tract of land conveyed to M.L. and W.E. Dalton, by deed in Volume 6992, Page 719 of the Deed Records of Tarrant County Texas, (D.R.T.C.T.) and being more particularly described as follows: BEGINNING at the northwest corner of said Dalton tract, said point being in the South right- of-way line of State Highway F.M. 1709 and in the west right-of-way line of Carroll Avenue; THENCE S 89° 05' 27" E, along the north line of said Dalton tract for a distance of 1,342.50 feet to a point for a corner, said point also being in the south right-of- way linc of State Highway F.M. 1709 and being the northeast corncr of said Dalton tract; THENCE S 00° 13' 54" E, along the east line of said Dalton tract for a distance of 20.00 feet to a point for a corner; THENCE N 89° 05' 27" W, for a distance of 1,342.43 feet to a point for a corner, said point being in the west line of the Dnlton Iract nmi in the enst right-of-way line of Carroll Avenue; THENCE N 00° 26' 43" W, for a distance of 20.01 feet to the POINT OF BEGINNING, containing within these metes and bounds 0.616 acres or 26,849 square feet of land more or less. F:~WORD~LEOALS~32.L203.DOC 1,2712 t65 D197052394 CITY SOUTHLAKE 1725 E SOUTHLAKE BLVD SOUTHLAKE TX 76092 -W A R N I N G-THIS IS PART OF T}{E OFFICIAL RECORD--D O N O T D E S T R O Y INDEXED-- TARRANT COUNTY TEXAS S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK OFFICIAL RECEIPT T O: CITY OF SOUT}{LAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 197147347 DR96 T000224 03/26/97 14:01 INSTRUMENT FEECD INDEXED TIME 1 D197052394 WD 970326 14:01 CK T O T A L : DOCUMENTS: 01 F E E S: 15.00 AIrY 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. 1,2712