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This CORRECTION EASEMENT replaces and corrects the PERMANENT SEWER FACILITY EASEMENT from Grantor to
Grantee, dated November 19`h, 2008 and filed for registration as Instrument No. D209107755 on April 23`d, 2009 in the real
property records of Tarrant County, Texas. By mistake that easement inadvertently contained the incorrect metes &
bounds. This correction easement is made by Grantor and accepted by Grantee to correct this mistake, is effective on July
7, 2009, and all other respects confirms the former easement.
Sanitary Sewer Improvements to Serve New Davita Dialysis Center
Parcel # 2
Doe # 5867
2621 East Loop 820 South
Lot 1 R, Block 1, Handley Heights South Addition
STATE OF TEXAS §
COUNTY OF TARRANT §
DATE: July 7, 2009
KNOW ALL MEN BY THESE PRESENTS
GRANTOR: Gamanial B. Patel and Kiran G. Patel, The Trustees of the Patel Trust
GRANTOR'S MAILING ADDRESS (including County): 4631 Saloma Avenue
Sherman Oaks, California 91403-2512
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
1000 THROCKMORTON ST.
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other
receipt and sufficiency of which is hereby acknowledged.
PERMANENT SEWER FACILITY EASEMENT
Rev. 06/2008
good and valuable consideration, the
OFFICIAL RECORU
,ITY SEC> EE ARY
'T WORTH
TX
PROPERTY: Being a 0.058 of an acre tract of land situated within the J.A. Creary Survey,
Abstract No. 269, and being a portion of a tract of land described to Gamanial B. Patel and
Kiran G. Patel by deed recorded in Volume 14399. Page 10, Deed Records, Tarrant County,
Texas, same being a portion of Lot 1-R-1, Block 21, Carver heights, an addition to the City of
Fort Worth, Tarrant County, Texas, and being a portion of Lot 1. Block 1, Handley Heights
South Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in
Volume 3MD, Page 199 of the said Plat Records and being more particularly described in
Exhibits "A" and "B".
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 construction, operation, maintenance, replacement, upgrade, and
repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility
includes all incidental underground and aboveground attachments, equipment and
appurtenances, including, but not limited to manholes, manhole vents, lateral line connections,
pipelines, junction boxes in, upon, under and across a portion of the Property and 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,
for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said
Facility.
In no event shall Grantor (I) use the Property in any manner which interteres in any material way
Of is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within
the easement property a permanent 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. However, 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 Easement Tract
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.
Subject to the requirements of the Fort Worth Water Department and any applicable ordinances,
Grantor perpetually and irrevocably reserves for itself and for its successors and assigns the
right to utilize the Facility to serve the Grantor's premises.
PERMANENT SEWER FACILITY EASEMENT
Rev. 06/2008
TO HAVE AND TO HOLD the above -described easement, together with alt 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: Gamanial D. Patel and
Kiran G. Patel
Trustees of the Patel Trust—,
GQ
(Iran G. Patel, rustee
1
t�FFfCIAL R�Ct�RD
CITY SECRETARY
WORTH, TX
PERMANENT SEWER FACILITY EASEMENT
Rev. O6/2008
GRANTEE: City of Fort Worth
Fernando Costa
Assistant City Manager
APPROVED AS
City Attorney
AND LEGALITY
ACKNOWLEDGEMENT
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
California, on this day personally appeared Gamanial B. Patel and Kiran G. Patel, The
Trustees of the Patel Trust, 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 Patel Trust
and that he/she executed the same as the act of said The Patel Trust for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��� � day of
nia
ALIC� REINA GONZALES
'�� Commisslon # 1656996
"® 0 Notary Public -
California
Las Angeles County
My Comm. Expires Apr 8, 207
PERMANENT SEWER FACILITY EASEMENT
Rev. 06/2008
STATE OF TEXAS §
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 day of
Notary Public in and for the State of Texas
PERMANENT SEWER FACILITY EASEMENT
Rev. 06/Z008