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Home My WebLink AboutContract 42801AVONDALE HASLET ROAD PARCEL 11-PUE DOE # 6306 COLEMAN BOYD SURVEY, ABSTRACT NUMBER 212 STATE OF TEXAS § COUNTY OF TARRANT § CITY SEQWH34UY coNTRAcTLnsthiSO\_ KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH PERMANENT UTILITY EASEMENT DATE: NOVEMBER 28, 2011 GRANTOR: D.R. MOSS CONSTRUCTION & LAND DEVELOPMENT GRANTOR'S MAILING ADDRESS (including County): 1800 FAIRWAY BEND DR HASLETT, TARRANT COUNTY TEXAS 76052 GRANTEE: CITY OF FORT WORTH GRAN'1'EE' S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: One Dollar ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being an permanent utility easement situated in the Coleman Boyd Survey, Abstract No 212, Tarrant County, Texas, said permanent utility easement being a portion of the remainder of a 180.25 acre tract of land (by deed) deeded to D.R. Moss Construction & Land Development Co. as recorded in Volume 15737, Page 384, of the Deed Records of Tarrant County, Texas, said permanent utility easement being more particularly described in Exhibits "A" and "B". t2 PO4:54 I OFFICIAL RECORD CITY SECRETARY FT. WORTH,, TX Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the purpose of installing, using and maintaining underground electric and other underground facilities of whatever kind or description that are owned either by Grantee or by a permittee of Grantee, whether such permittee is a public utility or a private entity (the 'Facilities"), more fully described in Exhibit A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof in addition to ingress and egress over the Grantor's property, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. Appurtenances to the Facilities that cannot be installed underground but can only be installed on the surface of the Easement Tract may be installed on the surface of the Easement Tract. Temporary Facilities may be constructed on the surface of the Easement Tract or above the surface of the Easement Tract. For purposes of this agreement, "Temporary Facilities" shall mean only those surface -mounted or aboveground facilities required to service projects under construction In no event shall Temporary Facilities be installed for more than two (2) years. Temporary Facilities shall be removed at the expense of the party that installs the Temporary Facilities. Nothing herein shall be construed as requiring the Grantee or a peinuittee of Grantee to bear the increased cost of the Underground Facilities required by this agreement (as compared to the cost of overhead facilities). In no event shall Grantor (I) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a peinianent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. Howevei, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Property which may have been removed, relocated altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above -described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. GRANTOR: D.R. Moss Construction & Land Development Company APPROVED AS TO FORM AND LEGALITY vi( Assistant City Attorney GRANTEE City of Fort Worth Fernando Costa, Assistant City Manager ACKNOWI EPGEMENT STATE OF TEXAS COUNTY OF TARRANT i MO NW: litkiQUIERE tie°o 00 %1gi o 0 el)--• 0.4i 0 p 7 -1"-->1140 )4 eird OA �o op ,b0 v}, do Qoo e A' `1 r0 0 4 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared :r_ , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of ()__ 4 AodCie , and that he/she executed the same as the act of said 0 _ e- _ Al o a r , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .1 b at ' t • • Y Y Y■ I h■■ Y.. Y Y.■ Y O I. Y Y 7 G C u e, t. Y e h Y Y Pj • LACE LANGNER 1 STATE OFs C:Y e My Conn. Exp, May 26, 2012 Y Y 1 ■ 1 • Rs Notary Public in an day of or the State of Texas OFFICIALRECORD CITY SECRETARY FT. WORTH, TX ACKNOWLEDGEMENT STA I F. OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this AV day of ribT AA -c 7 20 1,41; ecji (-S-1 ( \A uktils6 Notary Public in and for the State oinexas fisaL i i1 ci g'':�°: LIN,�. MALINGERi`R r.(44 t '1H. MY co miSSiN Ex isEs*f�k= -.:-. N fast" Fetitta2014o At.: ' OFFICIAL RECORD CITY SECRETARY FT: WQRTI4! T AVONDALE-HASLET ROAD PARCEL No. 11 PE CITY PROJECT No. 01414 D.O.E. No. 6306 AVONDALE-HASLET ROAD COLEMAN BOYD SURVEY, ABSTRACT No. 212 TARRANT COUNTY, TEXAS EXHIBIT "A" Being a permanent utility easement situated in the Coleman Boyd Survey, Abstract No. 212, Tarrant County, Texas, said permanent utility easement being a portion of the remainder of a 180.25 acre tract of land (by deed) deeded to D.R. Moss Construction & Land Development Co. as recorded in Volume 15738, Page 384 of the Deed Records of Tarrant County, Texas, said permanent utility easement being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap stamped "RPLS 2437" found for the southeast corner of Lot 1, Block 1, Willow Springs Ranch, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Cabinet A, Slide 8425 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod with cap stamped "RPLS 2437 ' being the northeast corner of Lot 2 of said Block 1, said 1/2 inch iron rod with cap stamped "RPLS 2437" also being in the west right-of-way line of Willow Ranch Way (a 100.0' right-of-way); THENCE South 89 degrees 22 minutes 48 seconds West, with the south line of said Lot 1 and with the north line of said Lot 2 a distance of 324.97 feet to a point for the southwest corner of said Lot 1, said point being the northwest corner of said Lot 2; THENCE North 00 degrees 37 minutes 15 seconds West, with the west hne of said Lot 1, a distance of 145.85 feet to a 1/2 inch iron rod with cap stamped "RPLS 2437" found for the northwest corner of said Lot 1; THENCE South 88 degrees 49 minutes 10 seconds West (radial bearing), a distance of 76.36 feet to the POINT OF BEGINNING of the herein described permanent utility easement, THENCE South 88 degrees 49 minutes 10 seconds West, a distance of 5.00 feet to a point for corner; THENCE THENCE North 00 degrees 37 minutes 23 seconds West, a distance of 25.00 feet to a point for corner; North 88 degrees 49 minutes 10 seconds East, a distance of 5.00 feet to a point for corner, THENCE South 00 degrees 37 minutes 23 seconds East, a distance of 25.00 feet to the POINT OF BEGINNING, and containing 125 square feet or 0.003 acres of land, more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even date accompanies this legal description. (2) Bearings are referenced to the Texas Coordinate System, NADQ83, The North Central Zone 4202, all distances and areas shown are surface. Date: August 15, 2011 Curtis Smith Registered Professional Land Surveyor No. 5494 Exhibit A Page 2 of 2 OFFICIAL RECORD CITY SECRETARY WORTM7 TX c•,,0.0,, i' / • _') O .° • ..Aud*.s o..M.+s►M.ar.••.•..✓•..s.r.A...e r .. CURTIS SMITH bnnastrp isnr- 5494 ��!er 1• SI'R�� r ' i L J N 88°49' 10"E 5.00' N OD°37'23"W 25.00' PERMANENT UTILITY EASEMENT AREA 125 SQ. Ft OR 0.003 ACRES E)(JhiiBIT "lJ 99 v PARCEL No. f 1PE AVONDALEHASLNT ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) EDGE OF EXISTING ROAD S 00°37'23" E 25.00' RADIAL BEARING S 88'49' 10'V 76.36' P000BSJ S 88°49' 10"W 5.00' REMAINDER OF 180.25 ACRES (BY DEED) D.R. MOSS CONSTRUCTION & LAND DEVELOPMENT Co. VOLUME 15738, PAGE 384 D.R.T.C_T. � R2G �o 4P' 'P% 0 P� NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT 2. BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE 4202, ALL DISTANCES AND AREAS SHOWN ARE SURFACE. 40 20 0 SCALE IN FEET i i i i APPROXIMATE LOCATION OF SURVEY LINE ..*Nes>._ EXISTING RIGHT-OF-WAY cc b 0 z FND 1/2"IR W/CAP STAMPED "RPLS 2437 LOT I ri BL0K l PR� E SLED CA1310 WILLOW S T A, C.T. PeR.Te 40 z cC O l . 1 P. 0 e Co AMC R8425 FND 1/2"IR W/CAP STAMPED "RPLS 2437 S 89'22'48"W 324.97' LOT 2 RIGHT--OF--WAY) 6 EASEMENT LOCATION WHOLE PROPERTY MAP 8& EASEMENT LOCATION City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING PERMANENT UTILITY EASEMENT OUT OF THE REMAINDER OF 180.25 ACRES (BY DEED) SITUATED IN THE COLEMAN BOYD SURVEY, ABSTRACT No. 212 AS RECORDED IN VOLUME 15738, PAGE 384 DEED RECORDS OF TARRANT COUNTY, TEXAS PROJECT: AVONDALE--HASLET ROAD 1 D.O.E. No. 01414 1 CITY PROJ. No. 6306 EASEMENT AREA: 125 SQUARE FEET OR 0.003 ACRES JOB NO. DUNA1006.00 I DRAWN BY: JPH I CAD FILE: 1006.00 EASEMENTS DATE: AUGUST 15, 2011 EXHIBIT B PAGE 1 OF 1 SCALE: 1 " = 40' GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 CURTIS SMITH REGISTERED PROFESSIC"NA_L LAND SURVEYOR NO. 5494,LrE: M #' t_alii t ;ORD • 817-496--1424 FAN 8 4W e.11 Peg„If i u 1. pi. imams r.