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Hart Industrial Park (Lot 4) - Public Utility EasementPUBLIC UTILITY EASEMENT THE STATE OF TEXAS )( )( COUNTY OF TARRANT )( KNOW ALL MEN BY THESE PRESENT: That We, Robert H. Lemke and wife Virginia Lemke, and ("Grantor"), for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by Grantee, 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 SOUTI~ILAKE ("Grantee"), of Tarrant and Denton Counties, Texas a permanent and perpetual easement for the purposes of in~talling, repairing, maintaining, altering, replacing, relocating, and operating a sanitary sewer service line and other public utilities in, into, upon, over, across, and under that land in Tan:ant County, Texas described as follows, to-wit: A non-exclusive 15 foot wide permanent Public Utility Easement as more particularly described and shown on Exhibit "A" attached hereto, and shown on Exhibit "15" attached hereto, together with the right of ingress and egress as necessary for such purposes. Grantor covenants and agrees that Grantee shall have the right to excavate and fill upon said permanent easement and to remove ~om said permanent easement, any fences, buildings, or other obstructions as may now be found upon said permanent easement. Grantor has this day additionally granted, sold and conveyed and by these presents does hereby grant, sell and convey to Grantee an additional contiguous temporary construction easement for a period of one (1) year or until completion of the installation, for the purpose of installing utilities on the property known and described as follows, to-wit: A temporary 40 foot wide Construction Easement being located immediately adjacent to the above-described permanent easement in a configuration as shown on the attached Exhibit "B". Such temporary easement shall include the right to excavate and fill upon said temporary easement, but Grantee shall replace any fences or other fixtures upon said temporary easement without cost to Grantor, and shall restore the grade of the property which is the subject of the temporary construction easement, as nearly as possible to its grade prior to entry thereon. 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 any temporary or permanent structure in, into, upon, over, across or under any easements granted herein. TO HAVE AND TO HOLD the above described permanent easement forever and together with all and singular, the rights and appurtenances thereto, anywise belonging unto Grantee, its successors and assigns; and We do hereby bind ourselves, our hews and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, its successors and assigus, against every person whomsoever lawfully claiming or to claim same or any part thereof. EXECUTED this the /~' dayof . /~/~/~Z,~ ,19~. vk ini Cem e STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned autl~ority, on this day personally appeared ~v ]3,~--F ~.~,q Lua_ ~'/f/~/~/,a Lc~--)~ , known to me to be the person(s) whose name(s) is(are) subscribed to the above and foregoing instrument, and acknowledged to me that he/she/they/executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ~ ~'~ day of__/X~tcz~. ,19 °5~ Notary Public, State i~f Texas Il ~%.~ My Commission Expires Notary Public: CommissiOn expires: ACCEPTED by the City of Southlake on this the \~ day of RUURN TO: CITY OF SOUTHLAKE OR:ICE OF CITY SECRETARY 17~5 EXST SOIJTHLAKE BOULEVARD $OUTH~ TEXAS 76092 Lat ~ LINE LI L2 AREA SURVEYING, INC. Registered Professional Land Surveyors 102 W Trammell St · Fort Worth· Texas 76140 · 1817) 293 5684 No. 40434A D/422 E. Continental Blvd. Scde: ]' - 60' N 8g'53'57'E -~[ i3/8'(~)F. S HAR~ IND. PARK L2~ · I P.O.B. ~ J 5/8' 0 0 Q_ F- 209.42' 8g'53' 57'W 224.57' Lot 4 VoL 388-217. Pg' 61 5/8' Iron Pin Found BEAR I NG N 00°35. 04' E EAST DISTANCE 15.00' 15.00' AREA SURVEYING,. INC. Regiq~ered Prole~sional I and Surveyor~ 102 W Trammell St · Forl Worth To×as 76140 · (817) 293 5684 FIELD NOTES 15' Sanitary Sewer Easement Description for a tract of land in the J. N. GIBSON SURVEY, ABSTRACT NUMBER 591, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land described in a deed to Robert H. Lemke and wife, Virginia Lemke and Jerry Farmer, recorded in Volume 12395, Page 144, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 5/8" Iron Pin Found at the intersection of the east line of said Lemke tract with the south line of East Continental Boulevard; THENCE SOUTH a distance of 42009 feet to a %" iron pin found for the southeast corner of said Lemke tract and for the northeast corner of Lot 4, Block A, HART INDUSTRIAL PARK, according to the plat recorded in Volume 388-217, Page 61, Plat Records, Tarrant County, Texas; THENCE South 89 degrees 53 minutes 57 seconds West at 214.57 passing a 3/8" iron pin found for the northwest corner of Lot 4 and for the northeast corner of Lot 3, in said Block A, in all, a total distance of 22457 feet; THENCE North 00 degrees 35 minutes 04 seconds East a distance of 15.00 feet; THENCE North 89 degrees 53 minutes 57 seconds East a distance of 209.42 feet; THENCE NORTH a distance of 405.12 feet to the south line of East Continental Boulevard; THENCE EAST a distance of 15.00 feet along the south line of East Continental Boulevard to the POINT OF BEGINNING, said described tract containing 9,444 square feet of land. AREA SURVEYING, iNC. Regislered Professional Land Surveyors 102 W Trammell St · Foll Worth, Texas 76140 · (817) 293-5684 FIELD NOTES 40' TemporaW Construction E~mement Description for a tract of land in the J. N. GIBSON SURVEY, ABSTRACT NUMBER 591, City of Southlake, Tarrant County, Texas, and being a portkm ora tract of land described in a deed to Robert H. Lemke and wife, V'mginie Lemke and Jeny Farmer, recorded in Volume 12395, Page 144, Deed RecordS; Tarrant County, Texas, and being descn'bed by metes and bounds as follows: BEGINNING at a 5/8' Iron Pin Found at the intersection of the east line of ~aid Lemke tract with the south line of East Continental Boulevard; THENCE SOUTH a distance of 420.09 feet to a %' iron pin found for the corner of said Lemlm tractand fo~ the nmtheast corner of Lot 4, Block A, HART INDUSTRIAL PARK, according to the plat recorded in Volume 388-217, Page 61, Plat Records, Tarrant County, Texas; THENCE South 89 degrees 53 minutes 57 seconds We~t st 214.57 passing a 3/8" Iron pin found for the northwest corner of Lot 4 and for the northeast corner of Lot 3, in said Block A, in ail, a total distance of 254.57 feet; THENCE North 00 degrees 35 minutes 04 seconds East a distance of 40.00 feet; THENCE North 89 degrees 53 minutes 57 seconds East a distance of 214.16 feet; THENCE NORTH a distance of 380.16 feet to the south line of East Continental Boulevard; THENCE EAST a distance of 40.00 feet along the south line of East Continental Boulevard to the POINT OF BEGINNING. -WARN D199319003 CITY OF SOUTHLAKE 1725 E SOUTHLAKE BLVD SOUTHLAKE TX 76092 I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N O T DESTROY 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 200090312 DR7A CAP 12/30/1999 14:05 INSTRUMENT FEECD INDEXED TIME 1 D199319003 WD 19991230 14:05 CG T O T A L : DOCUMENTS: 01 F E E S: 19.00 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 LJAW.