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HomeMy WebLinkAboutResolution 1994-020 RESOLUTION NO. 94-20 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The Mayor is hereby authorized to execute the attached lO-foot wide waterline easement document granting an easement from TU Electric to the City of North Richland Hills across a lOO-foot wide strip of land in the D.C. Manning Survey as described in Volume 2844, Page 281 Of the Deed Records of Tarrant County, Texas. PASSED AND APPROVED this 9th day of May, 1994. APPROVED: ~j~ Tommy Brow ayor ' ATTEST: r APPROVED AS TO FORM AND LEGALITY: -- ~ ~ -- - -... "- , ' , ' , ' , ' , ' ..."....",," 11~ r di. V1 ~ ü- ~ "è,\ '0- '" V1 ~ ~ ,,"ll nIJ ""'" .... SlHHïA1Í:1~,;HJl-: _':í-- uHJ.~ON T- --- ~ o "Z- , , , , " , -,," ~ -;' -.... "----'" - , ' , ' , ' , ' , ' I " , I , , , " " , , ' I ' , ' , ' , ,- " , "...<t----" i£------"- -... ,.- ,," ,......r----~-~ ~ " " <~ ~ ~~ .< ." -. "~I I II \ ", ~ / ~,<~/ ~ .:¡.¡:..,- , I :15: \ :::~\i: \U 1,-- :': -Ä \. r '(~\ I~~ ~ ...;.::-- 1\ I~I 'S.\a:. ...')!' <~\,\!':_ ~~ ','!ì: ? -~ d?\"'.i.,.. " I,~ ~ ~ . ~~~ ..,... u:. ~ ~';'6-~11 ~ \ t .(-..,1.:1\ J\ ~" ",,} 'ô" ~\ \ ~ 1'1 II ..?I I' , 1.~.tt ¡¡ I~~,I: '('~" (\ tJQ 1'1,01""1'1 , " ,', "~::-... - ~ " " ~ " ,ytU.::ZH H3.1.SAS 1LYNI~ :ø~vdt'.LS 82v-0602 WATERLINE EASEMENT AND RIGHT OF WAY TIlE STATE OF TEXAS § § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS That TEXAS UTILITIES ELECTRIC COMPANY, a Texas corporation, hereinafter referred to as Grantor, for and in consideration ofTEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to it in hand paid by the City of North Richland Hills, 731 N.E. Loop 820, North Richland Hills, Texas 76182, hereinafter referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said Grantee a nonexclusive easement and right of way for the purpose of constructing, maintaining and operating a waterline, hereinafter referred to as Grantee's Facility, in, over, under, across and along the following described property: SEE ATTACHED EXHffiIT "A" There is also granted to Grantee, its successors or assigns, a nonexclusive easement to use only so much of Grantor's adjoining land, during temporary periods, as may be necessary for the construction, maintenance, and repair of said Grantee's Facility. Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall properly m2.Íntain such property during construction and at the conclusion of such construction remove all construction debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Use of draglines or other boom-type equipment in connection with any work to be performed on Grantor's property by the Grantee, its employees, agents. representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements and comply with the ,..c....·...·~·'o... L'm'·"u'o"'s 0... Tax.... U·l·1:tl'o.. E1ectn'c ,.."'......."...y'.. ,,:,.1... "'f n'".. ... o.."":l..oÅ "'n "'"'" U.)I,.4\.&...,,,,,,, II .U.l.,¡,u, H u "" ~ ...&.1.....» j, ........vu,t'U&&.J .a.J.6U''" v nu.] ,.u..,,"¡""',&.l.u;;;Ü vi Exhibit liB" attached hereto and made a part hereof. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of Grantor's facility situated on the aforesaid property. Grantee must notify the Texas Utilities Electric Company's Region Transmission Operations office 48 hours prior to the use of any boom-type equipment on Grantor's property except in an emergency. Grantor reserves the right to refuse Grantee permission to use boom-type equipment. Grantee shall locate its Facility within the easement so as not to interfere with any of Grantor's facilities. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor for any relocation or alteration of its facilities located on or near the easement that Grantor, in its sole discretion, determines are subject to interference from the said Grantee's Facility or from the exercise by Grantee of any of its rights hereunder. (- '( / ~ j. c---, , -I I t 6 I 7 1315 This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Grantee's Facility. Grantor shall not be liable to Grantee for any damage to said easement or Grantee's Facility or other contents thereof, except when caused by the willful misconduct of Grantor, its agents, servants or employees. Grantor and Grantee each agree that if any claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them in proportion to their negligence. It is understood that it is not the intention of the parties hereto to create liability for the benetìt of third parties but that this agreement shall be solely for the benetìt of the parties hereto. Grantee shall, at its own cost and expense comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof. This easement, subject to all liens of record, shall continue only so long as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use. Upon termination of this easement or right of way for any reason, Grantee shall remove its Facility and restore the property hereinabove described to the same condition that such property was in at the beginning of the term of this agreement, ordinary wear and tear for the purpose herein authorized excepted. TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of said land and premises shall absolutely revert to Grantor herein, its successors and assigns, and no act or omission on the part of them shall be construed as a waiver of the enforcement of such condition. -2- I 6 I 7 1317 AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. EXECUTED as of this -.3 iL?{ day of ð~ , 1994. GRANTOR: TEXAS UTILITIES ELECTRIC COMPANY ¿;By: ~ V..Y .R. Thompson Senior Vice President GRANTEE: By: L~~J~~ ;~mm; fu~~-,~y; - - - - STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared J.R. THOMPSON, Senior Vice President of Texas Utilities Electric Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the said Texas Utilities Electric Company, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. G~" N UND~ MY HAND AND SEAL OF OFFICE, this ð4£:L , A.D., 1994. ~JL# . Ç/ ,Y/U-A.-/v Notary Public in an or the State of Texas day of My Commission Expires: I' /3D/tf'¡ I I Lll3By ~ty¡ 1-rH (Print Name10f Notary Public Here) ~~~~~~~~~~~~~~~~ 8 ,..' 'ú. LIBBY SMITH \ S 0 (... 8 ~ '* '; Notary Public. State of Texas -3-8 ~~. My CommisSion Expires '1·30·'997 ~~~~~~~~~~~~~~~~ I 1 6 1 7 1318 STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared TOMMY BROWN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of North Richland Hills, as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /J1/fY , A.D. 1994. / ( , '7-1), lex. day of 1\1 Y Commission Expires: /)/- II) -C¡f -4- I i 6 1 7 131 9 KEF NO. 3-573. PARCEL NO. 2 CITY OF NORTH RICHLAND HILLS STATE HIGHWAY 26 WATER LINE IMPROVEMENTS EXHIBIT "A" PERMANENT WATER LINE EASEMENT D. C. MANNING SURVEY A-1046 SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land on and across a tract of land in the D. C. Manning Survey Absuact No. 1046 sald tract of land being that same tract of land conveyed to 7exas Electrlc S~rvice Company (T.E.S.C.O. tract) as recorded in Volume 2844, Page 281 of the Deed Records of Tarrant County, Texas. (D.R.T.C.T.) said strip being herein described as a 10 foot wide Permanent Water Line Easement 5 feat ~eft and 5 foot right of a surveyed baseline ~s shown on the attached Exhiblt 3 and being described as follows, with the sides of said strip to be shortened Dr lengthened to terminate at the southerly and northerly property lines of sald T. E. S. C. O. tract: 3EGINNING at a point in the south Right-of-Way lin~ or said T.E.S.C.O. tract and the north Property line or a tract or land conveyed to the City of Nortn ?ichland Hills Texas (city tract) by deed as recorded in Volume 10980, ?age 328 of the D.R.T.C.T., said point of beginning being North 87 degrees 00 ~inutes 35 seconds West, along the southerly Right-of-Way line of said T.E.S.C.O. tract, and along the northerly property line of said city tract 16.74 feet from a concrete monument found in place at the southeast property corner of said T.E.S.C.O. tract said monument being in the northwesterly Right-of-Way line of State Highway No. 26 (Grapevine Highway); THENCE. North 38 degrees 36 minutes 31 seconds East, 92.28 feet to a point in the north Right-of-Way line of said T.E.S.C.O. tract and the south Property line of a tract of land conveyed to Trustees, E-Systems. Ine Pool Trust (E-System tract) by deeds as recorded in Volume 7875, Page 618 and Volume 7875. Page 591 of the D.R.T.C.T., said point being North 87 degrees 00 minutes 35 seconds West. along the northerly Right-of-Way line of said T.K.S.C.O. tract, and along the southerly property line of said E-System tract. 33.83 feet from a concrete monument found in place at the northeast property corner of said T.E.S.C.O. tract said monument being in the northwesterly Right-of-Way line of State Highway No. 26¡ -..--..--- The Permanent Water Line Easement herein described contains 0.021 acres (922.8 square feet) of land. more or less. , TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SORVEY UPON THE GROUND AND THAT SAME IS TROE AND CORRECT. Company Name: Spooner and Dunn By: &u.;:;( ~~ Eddie L. Dunn Registered Professional Land Surveyor, Texas No. 4580 Date of Survey 12-14-93 1617 1320 ::3UR'vê:Y. J. C. MANNING A'-~ 046 LOCA 1l0N " TARRANT COUNTY, TEXAS EASEMENT ACQUISI1l0N: ìEMPORARY: 0.0000 AC. PERMANENT: 0.021 ,';C. WrlOLE ~~OPERTY ACREAGE 2.662 AC. KEF NO. 3-573, PARCEl NO. 1. HIGHWA Y 26 WA 1ER UNE EXHIBIT -B- :::RAWING OF EXHIBIT "A" CITY OF NORiH RICHLAND HILLS P,O.B. 80X 820609 .'!ORiH RICHLAND HILLS TX. 76182 CARDINAL LANE TAD. TRACT 48 "TRUSTEES, [-SYSTEMS. INC. POOL TRUST VOL. 7875, PG. 618, & VOL. 7875, PG. 591 DEED RECOR.JS OF TARRANT COUNTY, TEXAS J.e. ~i1ANNING SURVEY A. - 1046 ~!~~:::~ - _ .2JE.:Q.O'3S"W. SURVEYED 8ASEUNE - - - - - N.38·36'3'"E. 92.28' P.O.B. EXHIBIT "A- T.E.S.C.O. \IOL. 2844, PG. 281 D.R. T.C. T. R {;¡H,¡,-=W;:; ~8roÕ=j5-w - " ~;y ...;..<:j!\-~ Nt> ., c:~ ç,. ~ ~ ". ~ fbC' "'0 O~ cO) ~' ". " <y c".:".Cv ,,-'. c> ~ / ~ /. ~'ò TESCO IAONA ~~~ ~~~a' v"", / ~'?' o /~G "'<V ",'?' o RICHT-OF'-WA Y .~. ,..J;:) / .f;:)"" ",,'" / e:,. ~/ / / / EXHIBIT - A- PROPOSED 10 FOOT WIDE PERMANENT WATER UNE EASEMENT 0.021 ACRES (922.8 SQ. FT.) NOTE: BASIS or BEARING FOR T1-IIS ORA.NO ARE GRID BEARINGS DE1ÐUotINm FROM CITY I.IONUt.IDITS ON STATE PlAN[ CORDINA 1ES NORT1-I CENlRAL ZONE SPOONER & DUNN REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO.: 1293-367 DATE: 4-20-9<4- CO GO FILE: NONE ACAD FILE: 367-E2 DRAWN BY: E.L.D. COMPUTED BY: E.LD. ; CHECKED BY: E.LD. ' (817) 282-6981 o 50' 100' ~~~,.. : GRAPHIC SCALE IN ÆET 1" - 50' RESOLUTION NO. 94-20 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The Mayor is hereby authorized to execute the attached lO-foot wide waterline easement document granting an easement from TU Electric to the City of North Richland Hills across a lOO-foot wide strip of land in the D.C. Manning Survey as described in Volume 2844, Page 281 of the Deed Records of Tarrant County, Texas. PASSED AND APPROVED this 9th day of May, 1994. APPROVED: ~j-~ Tommy Brow ayor ATTEST: r J APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for tel y , \ \ I w>- \ "-w ~ ~7~ ~ j 4~ ~ ~ -< ." .. ~ """, ~'t"""" -Z ' ¡;:::::::t7--./1S:> V': .:t~~ ,,'~ U~~" ,/ ,OW'" ," ," ~ , ' , ' , ' , ' , ' , ' , ' , ' , ' , ' , ' , ' /' ,," , , , , , , , , , , , , "'....---- , ~ ~~ , '\ I II \ ~- , I .j~: l I - .-- ~I ... ,-- .. 'I$.I ~ ,-... :': -Ä ~ '(~\ ' " <11 .', " I :~ ~ifi':)~\ 1 -~I':- ~~ ,'!ì: , ? _~ I ~ ' ','?- <~ ~.,.. " ~ ':! (ft (!lu.\.~ .,.. ¢. ;.4 "', .~~~~1 ~\ !'" ~ :,-...,\1\4\ J\ I t\: "~ ,,",' ~\ '\\ ~ \.:J2 II II ~P II ~ l~.tt ¡¡ ,~, II ~)~, , , " , , "'~:.:-... 82\1-0602 ~~ , \ " í ~ ~ ~ ,,- - - ' . . , ' , ' , . , ' , ' , ' , , " , . V1 ~ ~ "è,\ '0- '" V1 ~ --šT!1 Sll,n "D """ ~ Sl rdï AÏ"iJ ST.:" ON1~:)W ~~ - - - - ~ o "Z- 11:r di. , , , , , \ ,> , , , , " " ;":-/~ ~ , , , , , , , , /1 ,I' ;' ,/ , " , , " , , ' , ' , / ,1 ",' -' ' ",..,.------- ,: - II;~[:;'----~;'--: M II <~ ~ / ~<~ ---~ o ~\~ o ~ N o ... -' \U 'dQ N'r4þo\'¡N ~ ~ ~- ~ ~ ~ WATERLINE EASEMENT AND RIGHT OF WAY TIlE STATE OF TEXAS § § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS That TEXAS UTILITIES ELECTRIC COMPANY, a Texas corporation, hereinafter referred to as Grantor, for and in consideration ofTEN AND NOIlOO DOLLARS ($10.00), and other good and valuable consideration to it in hand paid by the City of North Richland Hills, 731 N.E. Loop 820, North Richland Hills, Texas 76182, hereinafter referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said Grantee a nonexclusive easement and right of way for the purpose of constructing, maintaining and operating a waterline, hereinafter referred to as Grantee's Facility, in, over, under, across and along the following described property: SEE ATTACHED EXHmIT "A" There is also granted to Grantee, its successors or assigns, a nonexclusive easement to use only so much of Grantor's adjoining land, during temporary periods, as may be necessary for the construction, maintenance, and repair of said Grantee's Facility. Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall properly maintain such property during construction and at the conclusion of such construction remove all construction debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Use of draglines or other boom-type equipment in connection with any work to be performed on Grantor's property by the Grantee, its employees, agents. representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements and comply with the r'c....·...·~t;o.. L;m;·.,t;o"s 0... Tax.... Utl'1;ti' oco Electn'c I"',......-~..y' co ..; ,.1.. ....f ..,n., ,. oco~";"'oÅ "n '- aA..:tL.&. ..........u II .u .a........... II 11 ..., &.hi "'.L.........:a ,",,'"'1&&1'''''& toJ .&J.óu...." n &4] u........"'A4.U¡;;¡.¿ VI Exhibit liB" attached hereto and made a part hereof. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of Grantor's facility situated on the aforesaid property. Grantee must notify the Texas Utilities Electric Company's Region Transmission Operations office 48 hours prior to the use of any boom-type equipment on Grantor's property except in an emergency. Grantor reserves the right to refuse Grantee permission to use boom-type equipment. Grantee shall locate its Facility within the easement so as not to interfere with any of Grantor's facilities. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor for any relocation or alteration of its facilities located on or near the easement that Grantor, in its sole discretion, determines are subject to interference from the said Grantee's Facility or from the exercise by Grantee of any of its rights hereunder. t " ~ I é-' _1(fC,f' , I I 6 I 7 1316 This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Grantee's Facility. Grantor shall not be liable to Grantee for any damage to said easement or Grantee's Facility or other contents thereof, except when caused by the willful misconduct of Grantor, its agents, servants or employees. Grantor and Grantee each agree that if any claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them in proportion to their negligence. It is understood that it is not the intention of the parties hereto to create liability for the benetìt of third parties but that this agreement shall be solely for the benetìt of the parties hereto. Grantee shall, at its own cost and expense comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof. This easement, subject to all liens of record, shall continue only so long as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use. Upon termination of this easement or right of way for any reason, Grantee shall remove its Facility and restore the property hereinabove described to the same condition that such property was in at the beginning of the term of this agreement, ordinary wear and tear for the purpose herein authorized excepted. TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of said land and premises shall absolutely revert to Grantor herein, its successors and assigns, and no act or omission on the part of them shall be construed as a waiver of the enforcement of such condition. -2- I I 6 1 7 1317 AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. EXECUTED as of this .3 iLt{ day of ~~ , 1994. GRANTOR: TEXAS UTILITIES ELECTRIC COMPANY ~By: ~ vr .R. Thompson Senior Vice President GRANTEE: By: L~~ ;~mm~ fu~~~;;, ~y~r - - - -- - STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared J .R. THOMPSON, Senior Vice President of Texas Utilities Electric Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the said Texas Utilities Electric Company, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GFER MY HAND AND SEAL OF OFFICE, this ð~ . , A.D., 1994. ~~ Notary Public in an or the State of Texas day of ¡18av ~iY1 / TJ-I (Print Namef of Notary Public Here) My Commission Expires: II ¡3D I q J I ¡ ~~~~~~~~~~~~~~~~ 8 ,.., '''' LIBBY SMITH \ S 0 co,. 8 ~"* '; Notary Public. State of Texas _ 3-& ~~. My Commission Expires 11-30-1997 ~~~~~~~~~~==~~=~ I 1 6 1 7 l318 STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared TOMMY BROWN, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of North Richland Hills, as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. I d -IA GIVEN UNDER MY HAND AND SEAL OF OFFICE this /J1IfV , A.D. 1994. ( day of My Commission Expires: /)/- /1) -9f -4- I , 6 1 7 I 3 i 9 KEF NO. 3-573, PARCEL NO.2 CITY OF NORTH RICHLAND HILLS STATE HIGHWAY 26 WATER LINE IMPROVEMENTS EXHIBIT "A" PERMANENT WATER LINE EASEMENT D. C. MANNING SURVEY A-1046 SITUATED in the City of North Richland Hills, Tarranc County. Texas and being a strip of land on and across a tract of land in the D. C. Hanning Survey Abstract No. 1046 said tract of land being that same tract of land conveyed to 7exas Electric S~rvice Company (T.E.S.C.O. tract) as recorded in Volume 2844, ?age 281 of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.) said strip being herein described as a 10 foot wide Permanent Water Line Easement 5 root ~eft and 5 root right of a surveyed baseline ¿s shown on the attached Exhib:t 3 and being described as follows, with the sides of said strip to be shorteneà or lengthened to terminate at the southerly and northerly property lines of sald T.E.S.C.O. tract: 3EGINNING at a point in the south Right-oi-Way line of said T.E.S.C.O. tract and the north Property line of a tract of land conveyed to the City or Nort;. ~:chland Hills Texas (city tract) by deed as recoraed ln Volume 10980, ?age 328 of the D.R.T.C.T., said pOlnt of beginning being North 87 degrees 00 ~inutes 35 seconds West, along the southerly Right-of-Way line of said T.E.S.C.O. tract, and along the northerly property line of said city tract 16.74 feet from a concrete monument found in place at the southeast property corner of said T.E.S.C.O. tract said monument being in the northwesterly Right-of-Way line of State Highway No. 26 (Grapevine Highway); THENCE, North 38 degrees 36 minutes 31 seconds East, 92.28 feet to a point in the north Right-of-Way line of said T.K.S.C.O. tract and the south Property line of a tract of land conveyed to Trustees. E-Systems, Inc Pool Trust (E-System tract) by deeds as recorded in Volume 7875, Page 618 and Volume 7875, Page 591 of the D.R.T.C.T., said point being North 87 degrees 00 minutes 35 seconds West. along the northerly Right-oi-Way line of said T.K.S.C.O. tract, and along the southerly property line of said E-SYstem tract, 33.83 feet from a concrete monument found in place at the northeast property corner of said T.E.S.C.O. tract said monument being in the northwesterly Right-of-Way line of State Highway No. 26¡ _.~ --...... The Permanent Water Line Easement herein described contains 0.021 acres (922.8 square feet) of land, roore or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Dunn By: &u.;: ;( /)- ~ Eddie L. Dunn Registered Professional Land Surveyor, Texas No. 4580 Date of Survey 12-14-93 1617 320 SURveY J. C. MANNING A-~ 046 LOCA 110N. TARRANT COUNTY. TEXAS EASEMENT ACQUISI110N : 1EMPORARY: 0.0000 AC. PERMANENT: 0.021 .A,C. 'NrlOLE ~~OPERTY ACREAGE 2.662 AC. KEF NO. 3-573, PARCEL NO. Z. HIGHWA Y 26 WATER UNE EXHIBIT -8- =RAWING OF EXHIBIT "A" CITY OF NORTH RICHLAND HILLS P.O.B. BOX 820609 :!ORTH RICHLAND HILLS TX. 76182 CARDINAL LANE i.A.D, TRACT 48 "TRUSTEES. [-SYSTEMS. INC. POOL TRUST VOL. 7875, PG. 618, & VOL. 7875, PG. 591 DEED RECORJS OF TARRANT COUNTY. TEXAS D.C. ~.1ANNING SURVEY A. - 1046 ......:!:::;.r~:.::"'!... _ _ .2JE·OO'35-W. ---- SURVEYED BASEUNE - - N.38·36'31-E. 92.28' P.O.B. EXHIBIT -A- T.E.S.C.O. VOL. 2844, PG. 281 _ -fJ.R.T.C.T. RICHT-or":W;Y Ñ:"8TÕÕ'.3š-VZ - " .:(>V' -t<::i :.~ ~v .., rf'G q,~'". ~ 'be:;. ,,'?' .09:- d>J 9:-' "" '" <,. ¿. .fY -<:J., c> ~ / ~ /. (iXJ TESCO IAONA ~~'v v çt~~a' G~ / ~ "?- o /0G ,,<V ,,'?- o RICHT-Of"-WAY .~. ,".P / .(::l' ~fr:> e:,. / .~~/ / / / EXHIBIT . A· PROPOSED 10 FOOT WIDE PERMANENT WATER UNE EASEMENT 0.021 ACRES (922.8 SQ. FT.) NOTE: BASIS OF' BEARING FOR notlS ORA.NO ARE GRID BEARINGS DE'TERMINm FROM CITY IoIONUWEHTS ON STATE PI..AHE COROINA TES NORnot CENlRAI.. ZONE SPOONER & DUNN REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO.: 1293-367 DATE: 4-20-94 COGO FILE: NONE ACAD FILE: 367-£2 DRAWN BY: E.LD. COMPUTED BY: E.LD. CHECKED BY: E.LD. ' (817) 282-6981 o 50' 100' ~~...- ) GRAPHIC SCALE IN FEET 1" - 50' EXHmIT "B" CONSTRUCTION LIMITATIONS ON TU ELECTRIC COMPANY RIGHT OF WAY Blasting shall not be permitted on the right-of-way or under TU Electric lines. Grading will be done in order to leave the right-of-way in as near as possible to its present condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on the right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when required and such that slopes can be mechanically maintained. Pipeline alignments and elevations are based on drawings submitted to TU Electric. Any change in alignment or elevation will be resubmitted for approval which will not unreasonably be withheld. Equipment shall not exceed 15 feet in height when operated under the electric lines. Draglines will not be used under the electric lines or on the right-of-way. Shoring will be required where excavation is within 15 feet of any structure and will extend 20 feet each side of the centerline of the structure. Shoring will be sufficient to withstand the added load of the structure and its footings. Shoring shall not be left open for extended periods of time, except when pipe or underground facilities are installed, shoring shall be removed and backfilled as soon as practical. Backfill will be thoroughly tamped. Water tamping will not be permitted within this area. Right-of-way will be protected from washing and erosion during User's construction and during periods of repair. No obstruction will be installed in the right-of-way that would interfere with access to TU Electric structures or prevent mechanical maintenance of TU Electric right-of-way. Equipment and materials will not be stored on the right-of-way during construction without written approval of the Supervisor of Regional Transmission. Before any work is done under TU Electric lines or by TU Electric structures, User shall notify the Supervisor of Regional Transmission as noted in the document. 1617 i322