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John Childress Survey, Abstract 254 (Lot 3B01) - Permanent Municipal Utility EasementPERMANENT MUNICIPAL UTILITY EASEMENT LOT 31301 of the JOHN CHILDRESS SURVEY; A 254 TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF TARRANT That Prophet Twenty -Twenty LLC, GRANTOR herein, 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, does hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating an 8 -inch underground sanitary sewer and the following other underground municipal facilities to include waterlines, sanitary sewer lines, and drainage facilities in, into, upon, across, under and through the land in Tarrant County Texas described on the attached Exhibit "A" and shown on the attached Exhibit "B" as the "Variable Width Utility Easement" (the "Utility Easement Property"). GRANTEE is also granted the non-exclusive right of ingress and egress to and from the Utility Easement Property to permit access to the Utility Easement Property from Lake Drive over and across the land described on the attached Exhibit "A" and shown on the attached Exhibit "B" as the "40' Non -Exclusive Esmt. of Ingress & Egress" (the "Access Easement Property"), but this right of ingress and egress shall not prohibit GRANTOR's use of GRANTOR's remaining property nor the construction, installation, repair, maintenance, replacement, operation, or removal of any improvements thereon. The Utility Easement Property and the Access Easement Property are collectively referred to herein as the "Easement Property". GRANTEE agrees to use reasonable measures when accessing and utilizing the Utility Easement Property to avoid interference with GRANTOR's 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 repair or replace any improvements located on GRANTOR's remaining property damaged due to GRANTEE accessing or use of the Utility Easement Property, without cost to the GRANTOR; and GRANTEE shall restore, at its sole expense, the Easement Property and GRANTOR's remaining property as closely as possible to its condition prior to entry thereon by GRANTEE or its representatives or contractors. GRANTOR covenants and agrees that GRANTOR and GRANTOR's 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 any easements granted herein any temporary Permanent Municipal Utility Easement and Access Easement Page 1 of 4 Variable width easements containing approximately 0.526 acres 20001529v.3 or permanent structures or use the 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 fill upon the Utility Easement and to remove from the Easement Property, any fences, buildings or other obstructions as may now be found upon the Easement Property to the extent GRANTEE reasonably determines that such improvements interfere with GRANTEE'S rights granted herein. Notwithstanding anything herein to the contrary, Grantor may construct, install, and maintain a driveway over and across the Easement Property provided that such improvements do not interfere with Grantee's rights granted herein. GRANTOR grants to GRANTEE the utility easement granted herein, together with the right of ingress and egress described herein and other rights conveyed herein, to have and to hold with 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 , representatives, successors and assigns, to warrant and forever defend, all and singular, GRANTEE's right and title to the 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 and through Grantor, but not otherwise. The utility easement rights and privileges granted herein to the Utility Easement Property are exclusive, and GRANTOR covenants that it will not convey any other utility easement or conflicting rights within the Utility Easement Property to any other person. IN ffiNLSS WHEREOF, this dedication instrument is executed this �IS�day of 2018. PROPHET TWENTY-TWENTY LLC BY Na Tit Permanent Municipal Utility Easement and Access Easement Page 2 of 4 Variable width easements containing approximately 0.526 acres 20001529v.3 ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, th unde si ned uthority in and for Tarrant County, Texas, on this day personally appeared known to me or proved to me through (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this H day of V w 12018. NOTARY SEAL will N STEPHANIE A. FINE Notary Public, State of Texas Comm. Expires 03.04.2020 Notary ID 126434722 Permanent Municipal Utility Easement and Access Easement Variable width easements containing approximately 0.526 acres 20001529v.3 kWJAA1AI1 1A I r NotarV Public, State of Texas h%kk k 4 Notary's Name (Printed) O�, OA, M5 Notary's Commission 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: 817-748-8077 Page 3 of 4 CERTIFICATE OF ACCEPTANCE This is to certi%!hat the interest and real property conveyed by this dedication instrument dated the � day of .tit/! '2018, from 065 aah/.1n to the City of Southlake, has been 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 PIP Dated 61 - Mayor, CITY OF SOUTHLAKE ATTEST: & ie -6 A L' L City Secretary ' Permanent Municipal Utility Easement and Access Easement Page 4 of 4 Variable width easements containing approximately 0.526 acres 20001529v.3 EXHIBIT "A" VARIABLE WIDTH UTILITY EASEMENT 17,142 SQUARE FEET OR 0.394 OF AN ACRE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254 TARRANT COUNTY, TEXAS BEING a 0.394 acre tract of land situated within the John Childress Survey, Abstract No. 254, City of Southlake, Tarrant County, Texas, and being part of a called 9.2203 acre tract described by deed to Prophet Twenty -Twenty LLC, recorded in County Clerk's Instrument Number (CC#) D209206078, Official Public Records, Tarrant County, Texas, (OPRTCT), and being more particularly described by metes and bounds as follows: (Basis of bearing being U.S. State Plane Grid - Texas North Central Zone (4202) NAD83 as established using the Western Data Systems RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values.) BEGINNING at a 1/2 -inch capped iron rod found marked "1928 T. Vogt" for the southwest corner of said Prophet Twenty -Twenty tract and being the common south corner of the Billy G. Taylor tract described by deed and recorded in (CC#) D216071697, (OPRTCT), also being in the northeast right of way line of Lake Drive (a 40 foot right of way); THENCE northerly over and across the said Prophet Twenty -Twenty tract, the following courses and distances: North 05°07'27' West, a distance of 91.55 feet to a point for corner; South 84"52'33" West, a distance of 5.69 feet to a point for corner in the southerly west line of said Prophet Twenty -Twenty tract and being with the common east line of the said Taylor tract; THENCE North 08°40'50" West, with the east line of the said Taylor tract and being in common with the said Prophet Twenty -Twenty tract, a distance of 10.02 feet to a point for corner; THENCE over and across the aforesaid Prophet Twenty -Twenty tract, the following courses and distances: North 84°52'33" East, a distance of 6.31 feet to a point for corner; North 05°07'27" West, a distance of 48.17 feet to a point for corner; South 84°52'33" West, a distance of 9.31 feet to a point for corner in the southerly west line of the aforesaid Prophet Twenty -Twenty tract and being common with the east line of the said Deborah Savage tract described by deed and recorded in Volume 6622, Page 946, Deed Records, Tarrant County, Texas, (DRTCT); THENCE North 08°40'50" West, with the southerly west line of the aforementioned Prophet Twenty -Twenty tract and being common with the east line of said Savage tract, a distance of 10.02 feet to a point for corner; THENCE over and across the aforementioned Prophet Twenty -Twenty tract, the following courses and distances: North 84°52'33" East, a distance of 9.93 feet to a point for corner; North 05°07'27' West, a distance of 55.74 feet to a point for corner; South 84°52'33" West, a distance of 13.39 feet to a point for corner in the southerly west line of the aforementioned Prophet Twenty -Twenty tract and being common with the east line of Kristen Killebrew tract described by deed and recorded in (CC#) D209161432, (OPRTCT); THENCE North 08°40'50" West, with the east line of the said Killebrew tract and being common with the southerly west line of the said Prophet Twenty -Twenty tract, a distance of 10.02 feet to a point for corner; THENCE over and across the said Prophet Twenty -Twenty tract, the following courses and distances: North 84°52'33" East, a distance of 14.01 feet to a point for corner; North 05°07'27" West, a distance of 76.84 feet to a point for corner in the westerly north line of said Prophet Twenty -Twenty tract and being common with the south line of the Ross Gatlin tract described by deed and recorded in (CC#) D209247633, (OPRTCT); 7E�ET PALLE6495 Robert P. Allen, RPLS No. 6495 May 29, 2018 E:V URVEY14k724i000 SANITARY SEWER - SOVTHLAKE�DWG�LAKE DR & PENINSULA OR�2014.721.000 UE ESMT REVISED (2018-05-23).D WG Baird, Hampton & Brown — Engineering & Surveying 3801 William D. Tate Ave, Ste. 500, Grapevine, TX 76051 rallen@bhbinc.com 817-251-8550 www.bhbinc.com BHB Project #2014.724.000 TBPE Firm F-44 TBPLS Firm 10011302 PAGE 1 OF 3 E:V URVEY14k724i000 SANITARY SEWER - SOVTHLAKE�DWG�LAKE DR & PENINSULA OR�2014.721.000 UE ESMT REVISED (2018-05-23).D WG EXHIBIT "A" VARIABLE WIDTH UTILITY EASEMENT 17,142 SQUARE FEET OR 0.394 OF AN ACRE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254 TARRANT COUNTY, TEXAS THENCE North 71°02'32" East with the south line of the said Gatlin tract and being common with the westerly north line of the aforesaid Prophet Twenty -Twenty tract, a distance of 80.97 feet to a point for the southeast corner of the said Gatlin tract and the southwest corner of the River Grace tract described by deed and recorded in (CC#) D213315602, (OPRTCT); THENCE North 70°45'32" East, with the south line of the said River Grace tract and being common with the westerly north line of the aforementioned Prophet Twenty -Twenty tract, a distance of 124.46 feet to a point for corner; THENCE North 79°01'38" East, over and across the said Prophet Twenty -Twenty tract, a distance of 422.78 feet to a point for corner in the east line of the said Prophet Twenty -Twenty tract and being common with the west line of the Sella Rae tract described by deed and recorded in (CC#) D211237662, (OPRTCT), from which a 1/2 -inch iron rod found for the northwest corner of the said Sella Rae tract bears North 01°39'25" East, a distance of 177.08 feet; THENCE South 01°39'25" West, with the west line of the said Sella Rae tract and being common with the east line of the said Prophet Twenty -Twenty tract, a distance of 20.50 feet to a point for corner, from which a 1/2 -inch iron rod found bears South 01*39'25" West, a distance of 208.18 feet; THENCE southwesterly over and across the aforesaid Prophet Twenty -Twenty tract, the following courses and distances: South 79*01"38" West, a distance of 416.85 feet to a point for corner; South 70°45'32" West, a distance of 123.06 feet to a point for corner; South 71°02'32" West, a distance of 70.50 feet to a point for corner; South 05°07'27" East, a distance of 295.62 feet to a point for corner in the southwest line of the aforesaid Prophet Twenty -Twenty tract and being with the common northeast right of way line of said Lake Drive; THENCE North 60'51'35" West, with the southwest line of the aforementioned Prophet Twenty -Twenty tract and being common with the northeast right of way line of the aforesaid Lake drive, a distance of 18.15 feet to the POINT OF BEGINNING and containing 17,142 square feet or 0.394 acres of land, more or less. ROBERT P�ALLEN 'ice, 6495 Robert P. Allen, RPLS No. 6495 May 29, 2018 1 13Baird, Hampton & Brown Engineering & Surveying 3801 William D. Tate Ave, Ste. 500, Grapevine, TX 76051 rallen@bhbinc.com 817-251-8550 www.bhbinc.com BHB Project # 2014.724.000 TBPE Firm F-44 TBPLS Firm 10011302 PAGE 2 OF 3 E:ISURVEY1417241000 SANITARY SEWER - SOUTHLAKEI DWG\LAKE OR & PENINSULA DRI2014.721.000 UE ESMT REVISED (2018-05-23/.DWG 1J18d0 m Z99LEZSSZ4 #JJ Jll 3vm V-n3l5 w 911 m 'ST'80Z - �— Q M,.SZ,6E,TOS a v N u i0 m3tD� � o O OZ Q C Q t�L1 Ul O N a Z ❑ 0 o3V m38� U2u ON Ir-ONi� d N Z O C 3 co a ' U I s» d � ' ��';��_� W ¢ s ' on a L o m Z Q _ z Z � W � du J W N O / co d' al LLI Lo> m C-4 F- U O Q Z Q O �� s ��N > LU Z U-1 LL 0 Q Q �u ��$o QO'X o=� V` Lu W z / Ol N }mm 1_ O Q No ^, o c 295 62 J —505"07'27"E- Ll w N U 0 . 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Z N tko oa a H E @ o mciaY 'o '^L n m vOi a O o m v o N= m c 3 y O O p v W �i T �_� U CD a,o aso0 onmmN �o y u yi-a E ci o=Oad> cw vo Y o v'ai H Q o m v � a�io0o O 9 Z ivo v °� ° 0 a o aj c �� j a` .O w H uj O ry a m ai r=o W N to LO -p - - al > V Q E a - W O .ti aJ O_ N0 aj a1 w� al7O o O mvu�> aa) a m � - a : O �O o O O m �o�On.a> Z V1 = c m tw �� c N m H N � m o rri o v � o v o ad ^ a0 Q Z m o m 3 m m 3 m N F- V) QC) O O M W [� � Z Z N 2 Z Z Z Z � Z J r --_ N N N r -O m � Q Z N T Ul N !n Vl N � Z' w a0 z v 00 m z oo z in z v oo z ao z �n z Z J Q N N M J Ul t0 ^ W T Z By: MARY LOUISE GARCIA Alt, COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 "'•»•"`"� PHONE (817) 884-1195 CITY OF SOUTHLAKE 1400 MAIN STREET, SUITE 320 SOUTHLAKE, TX 76092 Submitter: ZAYNE HUFF DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 7/2/2018 10:45 AM Instrument #: D218144265 E 8 PGS $40.00 D218144265 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.