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Sabre Group Campus Addition (Lot 1R1R1, Block 1) - Permanent Municipal Utility EasementPERMANENT MUNICIPAL UTILITY EASEMENT PART OF LOT 1 R1 R1, BLOCK 1 of the SABRE GROUP CAMPUS ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS THE STATE OF TEXAS § COUNTY OF TARRANT § That TD AMERITRADE SERVICES COMPANY, INC., a Delaware corporation, GRANTOR herein, acting by and through the undersigned, its duly authorized representative, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a non-exclusive permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating a Traffic Signal in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to -wit: A 15 foot by 9 foot Permanent Municipal Utility Easement containing approximately 0.003 acres, as more particularly shown in Exhibit 1 of 2 and described in Exhibit 2 of 2 attached hereto and incorporated herein (the "Permanent Easement Property"). GRANTEE is also granted the right of ingress and egress to and from the Permanent Easement Property, but this right of ingress and egress shall not prohibit or impair GRANTOR'S use of GRANTOR'S remaining property nor the construction of any improvements thereon. GRANTEE agrees to use reasonable measures when accessing the Permanent Easement Property to avoid interference with GRANTOR'S use and activities on GRANTOR'S remaining property, and to avoid damaging any buildings, structures, fences, trees, and other improvements on GRANTOR'S remaining property, and GRANTEE shall, without cost to GRANTOR, repair or replace any damage due to GRANTEE accessing the Permanent Easement Property, including damage to any improvements located upon GRANTOR'S property, and shall restore GRANTOR'S property used for such ingress and egress as closely as possible to its condition 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 in, into, upon, over, across or under the Permanent Easement Property any temporary or permanent structures or use the Permanent Easement Property in any manner which interferes in any way the rights granted to GRANTEE herein or which is otherwise inconsistent with the rights granted to GRANTEE herein, and it is further agreed that GRANTEE shall have the right to excavate and place clean fill upon said Permanent Easement Property and to remove from said Permanent Easement Property any fences, buildings or other obstructions as may now be found upon said Permanent Easement Property. GRANTOR grants to GRANTEE the easements granted herein, together with the right of ingress and egress described herein and other rights conveyed herein, to have and to hold with MUNICIPAL UTILITY EASEMENT Page 1 of 6 A 15 foot by 2 foot Permanent Municipal Utility Easement containing approximately 0.003 acres all and singular the rights and appurtenances thereto in any wise belonging or conveyed herein unto GRANTEE, and GRANTEE'S successors and assigns, forever, and GRANTOR does hereby bind GRANTOR, and GRANTOR'S heirs, representatives, successors and assigns, to warrant and forever defend, all and singular, GRANTEE'S right and title to the said Permanent Easement Property unto GRANTEE, and GRANTEE'S 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. The Permanent Municipal Utility Easement, rights and privileges granted therein are non- exclusive, however, GRANTOR covenants that it will not after the date of this instrument convey any other easement or conflicting rights within the area covered by the grant to any other person. The Permanent Municipal Utility Easement is subject to any liens, encumbrances, easements, restrictions, covenants, conditions, or other exceptions of record to the extent the same are valid and subsisting and affect the property. The Permanent Municipal Utility Easement is granted without any representations or warranty of any nature, including but not limited to any warranty of fitness for purpose or quality, and GRANTEE shall accept such easement "as is" and with all faults. MUNICIPAL UTILITY EASEMENT Page 2 of 6 A 15 foot by 2 foot Permanent Municipal Utility Easement containing approximately 0.003 acres WITNESS WHEREOF, this dedication instrument is executed this day of 2017. GRANTOR: TD AMERITRADE SERVICES COMPANY, INC. BY: Lorn ro , Ma -00g Director, Corpor to eal Estate & Facilities ACKNOWLEDGEMENT THE STATE OF NEBRASKA § COUNTY OF DOUGLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Nebraska, on this day personally appeared Lorne Hurov, Managing Director, Corporate Real Estate & Facilities, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that same was the act of said TD Ameritrade Services Company, Inc., a Delaware corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -14t day of 2017. NOTARY SEAL GENERAL NOTARY - State of Nebraska DEBORAH K TENEYCK My Comm. Exp. January 21, 2021 i Ick tary Public, State of braska i��)MfN k-TenLrk Notary's Name (Printed) i .I I Notary's Com ission Expires AFTER EXECUTION BY OWNER, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-807 MUNICIPAL UTILITY EASEMENT Page 3 of 6 A 15 foot by 2 foot Permanent Municipal Utility Easement containing approximately 0.003 acres CERTIFICATE OF ACCEPTANCE This i to certify that the interest and real property conveyed by this dedication instrument dated the (ot-l' day of 2018, from TD Ameritrade Services Company, Inc. to the City of Southlake, hasbeen duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. SEAL (/ Dated & low— N/W/ May , CI Y OF SOUTH AKE .. ATTEST: City Secretary MUNICIPAL UTILITY EASEMENT Page 4 of 4 A 15 foot wide Permanent Municipal Utility Easement containing approximately 0.003 acres EXHIBIT 1 of 2 DRAWING OF PERMANENT EASEMENT PROPERTY NOR.TM KIRKWOOD BOULEVARD I� (A VARIABLE WIDTH RIGHT-OF-WAY INST. NO. D215232751, O.P.R.T.C.T.) 0 25 50 P.O.B.5/8' IRFC HUt'I7-ZOLLARS" GRAPHIC SCALE IN FEET N87°02'21 "E NO°41'41 "W 15.00' 9.00' 0.003 ACRES 25' PEDESTRIAN 80'41'41"E 135 SQ. FT. ACCESS EASEMENT 5.02' _ VOL. 9437, PG. 1127 5/6" IRFC SW41'41"E D.R.T.C.T. "HUITT-ZOLLARS, 9.00, — — — — — r-----� L = ��'' — S87°02'21"W 10' TXU EASEMENT J CAB. A, PG, 7212 15.00' VOL: 15047, PG. 746 10' UTILITY EASEMENT P.R.T.C.T. CAB. A, PG, 7212 P.R.T.C.T. J I / 15' ELECTRIC, J 10 WATER EASEMENT LOT 1R1R1, BLOCK 1 11' EASEMENT CAB. A, PG. 7212 CAB, A, PG, 7212 J SABRE GROUP CAMPUS RR.T.C.T. J P.R.T.C.T. INST. NO. D215221562 J O.P.R.T.C.T. J J J 100 YEAR FLOOD LIMITS J DRAINAGE & SANITARY SEWER EASEMENT CAB. A, PG. 7212 P.R.T.C.T. J J J J J OVERFLOW EASEMENT J. J VOL. 4558, PG. 505 I j 1 LEGEND P.O.B. m POINT OF BEGINNING IRFC m IRON ROD W/CAP FOUND IRF = IRON ROD FOUND D.R.T,C.T. =DEED RECORDS OF TARRANT COUNTY, TEXAS P.R.T.C.T. PLAT RECORDS OF TARRANT COUNTY, TEXAS O.P.R.T,C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS NOTES Bearing system based on the Texas Coordinate System of 1983, .North Central Zone (4202), North American Datum of 1983 (2011). UTILITY EASEMENT PART OF LOT 1 R1 R1, BLOCK SABRE GROUP CAMPUS U.P. MARTIN SURVEY ABSTRACT NO. 1015 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS MUNICIPAL UTILITY EASEMENT Page 5 of 6 A 15 foot by 2 foot Permanent Municipal Utility Easement containing approximately 0.003 acres EXHIBIT 2 OF 2 LEGAL DESCRIPTION OF PERMANENT EASEMENT PROPERTY LEGAL DESCRIPTION 0.003 ACRES BEING a tract of land situated in the U.P. Martin Survey, Abstract No. 1015, City of Southlake, Tarrant County, Texas, and being part of Lot 1R1R1, Block 1, Sabre Group Campus, an addition to the City of Southlake, Texas according to the plat recorded in Instrument No. D215221562, Official Public Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 -inch iron rod with plastic cap stamped "HUITT-ZOLLARS" found in the south right-of-way line of Kirkwood Boulevard (a variable width right-of-way), and being a north comer of said Lot 1R1RI; THENCE with said south right-of-way line of Kirkwood Boulevard, North 87°02'21" East, a distance of 15.00 feet to a point for comer, THENCE departing said south right-of-way line of Kirkwood Boulevard, the following courses and distances: South 0°41`41" East, a distance of 9.00 feet to a point for comer; South 87°02'21" West, a distance of 15.00 feet to a point for corner in said south right-of-way line of Kirkwood Boulevard; from said point a 5/8 -inch iron rod with plastic cap stamped "HUITT-ZOLLARS" found bears South 0°41'41" East, a distance of 5.02 feet; THENCE with said south right-of-way line of Kirkwood Boulevard, North 0°4141" West, a distance of 9.00 feet to the POINT OF BEGINNING and containing 135 square feet or 0.003 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983 (2011). OF J. ANDY DOBBS REGISTERED PROFESSIONAL J.• •• LAND SURVEYOR NO. 6196 ANDY D 12750 MERIT DRIVE, SUITE 1000 9E DALLAS, TEXAS 75251 FESS PH_ 972-770-1300 S U R UTILITY EASEMENT PART OF LOT 1 R1 R1, BLOCK 1 SABRE GROUP CAMPUS U.P. MARTIN SURVEY ABSTRACT NO, 1015 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS MUNICIPAL UTILITY EASEMENT Page 6 of 6 A 15 foot by 2 foot Permanent Municipal Utility Easement containing approximately 0.003 acres By: MARY LOUISE GARCIA COUNTY CLERK CITY OF SOUTHLAKE 1400 MAIN ST STE 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 2/9/2018 12:08 PM Instrument #: D218029379 E 7 PGS $36.00 D218029379 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 LAW.