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Sabre Group Campus Addition (Lot 1R1R1, Block 1) - Retaining Wall Footing and Maintenance Easement
PERMANENT RETAINING WALL FOOTING AND MAINTENANCE EASEMENT PARCEL 4PRWFME-PT2, 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 § TD AMERITRADE SERVICES COMPANY, INC., a Delaware corporation, 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 non-exclusive permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating a retaining wall system including underground footing structures (the "Permanent Retaining Wall Footing and Maintenance Easement") in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to-wit: A 10.00-foot wide tract of land containing approximately 0.0461 acres, as more particularly shown in Exhibit "F" and described in Exhibit "F" 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. All work shall be done in a good and workmanlike manner and in accordance with all applicable federal, state, and local laws, rules, and regulations. 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 RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Page 1 of 4 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres 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 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 Retaining Wall Footing and Maintenance Easement, rights and privileges granted herein 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 Retaining Wall Footing and Maintenance 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 Retaining Wall Footing and Maintenance 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. RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Page 2 of 4 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres INITNES WHEREOF, this dedication instrument is executed this 1� ' day of /&ve.4, bK , 20 /7. GRANTOR: TD AMERITRADE SERVICES COMPANY, INC. BY: O`�— Lorne Hu =ging Director, Corporate '- = ate& 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 I day of 1 vLA LUTL4 l , 20 . NOTARY SEAL Notary Public, State of Nebraska GENERAL NOTARY-State of Nebraska Cl'AC C __jI l C it 1 r) DENEEN SHADEWALD Notary's Name (Printed) My Comm.Exp.November 4,2022 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 RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Page 3 of 4 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres CERTIFICATE OF ACCEPTANCE This 4 Ap certify that the interest and real property conveyed by this dedication instrument dated the R > day of NOOANAb.cr , 20 vt , from TD Ameritrade Services Company, Inc. 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 \``�,,1 La 1,,,,,'' Dated 0119. (1 \)'\ KF ,,, o . T<<‘_2_1'., YuU :7:14.. i * *. 'y c ayor, CITY OF SOUTHLAKE BOJ N— 17.r ATTEST: • ''' /ft 41.1111111"````` �,L LI 0. City retary . RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Page 4 of 4 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres EXHIBIT"F" County: Tarrant Page 1 of 5 Highway: SH 114 Limits: Dove Road to Davis Boulevard R.O.W.CSJ: 0353-03-100 Description of Parcel 4PRWFME-PT2 BEING a 0.0461 acre(2,008 square foot)tract of land situated in the V.P.Martin Survey,Abstract No.1015,Tarrant County,Texas,and being a portion of Lot 1R1R1,Block 1 of the Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Instrument No. 0215221562 of the Official Public Records of Tarrant County,Texas,said Lot 1R1R1 being conveyed to TO Ameritrade Services Company, Inc. as described in Special Warranty Deed filed October 15,2015 and recorded in Instrument No.D215235001 of said Official Public Records of Tarrant County,Texas,said 0.0461 acre(2,008 square foot)tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with blue cap stamped "GORRONDONA" found for the northeast comer of a called 3.304 acre tract of land conveyed to the City of Southlake,Texas as recorded in Instrument No.0218161146 of said Official Public Records of Tarrant County,Texas, and the southeast corner of a called 0.375 acre tract of land conveyed to the City of Southlake, Texas as recorded in Instrument No. D218161146 of said Official Public Records of Tarrant County, Texas, said 5/8 inch iron rod with blue cap stamped "GORRONDONA' being in the northwesterly line of said Lot 1R1R1,in the existing northeast line of SH 114(width varies),and in the southeasterly line of Lot 1R1R2,Block 1 of said Sabre Group Campus Addition,said 5/8 inch iron rod with blue cap stamped "GORRONDONA" having a surface coordinate of N=7,043,191.84 and E=2,378,039.32; (1) THENCE North 37 degrees 03 minutes 07 seconds East,with the northwesterly line of said Lot 1R1R1 and with the southeasterly line of said Lot 1R1R2,a distance of 10.72 feet to a calculated point for the beginning of a non-tangent curve to the left having a radius of 4,728.00 feet,a central angle of 02 degrees 09 minutes 04 seconds,and whose chord bears South 32 degrees 55 minutes 25 seconds East,a chord distance of 177.49 feet; (2) THENCE Southeasterly,with said non-tangent curve to the left,an arc length of 177.50 feet to a calculated point for corner; (3) THENCE South 27 degrees 18 minutes 12 seconds East,a distance of 24.91 feet to a calculated point for corner in the northwesterly line of a Proposed Drainage Easement; (4) THENCE South 54 degrees 03 minutes 51 seconds West,with the northwesterly line of said Proposed Drainage Easement,a distance of 10.11 feet to a 5/8 inch iron rod with blue cap stamped "GORRONDONA" set for the northwest corner of said Proposed Drainage Easement,said 5/8 inch iron rod with blue cap stamped"GORRONDONA" being in said existing northeast line of SH 114 and in the northeast line of said called 3.304 acre tract of land; September 19,2019 RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Exhibit F - Page 1 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres EXHIBIT"F" County: Tarrant Page 2 of 5 Highway: SH 114 Limits: Dove Road to Davis Boulevard R.O.W.CSJ: 0353-03-100 Description of Parcel 4PRWFME-PT2 (5) THENCE North 27 degrees 18 minutes 12 seconds West, with said existing northeast line of SH 114 and with the northeast line of said called 3.304 acre tract of land, a distance of 25.84 feet to a 5/8 inch iron rod with blue cap stamped"GORRONDONA" found for the beginning of a non-tangent curve to the right having a radius of 4,738.00 feet,a central angle of 02 degrees 05 minutes 50 seconds,and whose chord bears North 32 degrees 56 minutes 36 seconds West,a chord distance of 173.42 feet; (6) THENCE Northwesterly, with said non-tangent curve to the right, with said existing northeast line of SH 114 and with the northeast line of said called 3.304 acre tract of land,an arc length of 173.43 feet to the POINT OF BEGINNING,and containing 2,008 square feet or 0.0461 acres of land,more or less. September 19,2019 RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Exhibit F - Page 2 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres EXHIBIT"F" County: Tarrant Page 3 of 5 Highway: SH 114 Limits: Dove Road to Davis Boulevard R.O.W.CSJ: 0353-03-100 Description of Parcel 4PRWFME-PT2 NOTES: The basis of bearing is the Texas State Plane Coordinate System,North American Datum 011983 (NAD83), 2011 adjustment, EPOCH 2010. North Central Zone (4202). All distances and coordinates shown are surface,unless otherwise noted,and may be converted to grid by dividing the TXDOT combined scale factor of 1.00012.Unit of measurement is U.S.Survey Feet. A plat of same date accompanies this description. This survey was performed without the benefit of a title commitment "'This monument maybe replaced by TxDOT type II right-of-way marker upon the completion of the highway construction pro1ect under the supervision of a registered professional land surveyor either employed or retained by TxDOT. I,Richard Kennedy,Registered Professional Land Surveyor No.5527, Licensed in the state of Texas,do hereby certify that this description and accompanying plat is true and correct to the best of my knowledge and belief and was prepared from an actual on-the-ground survey under my direct supervision. September 19,2019 rpt * N' ,� RICHARf KENEON' 2 err Richard KennedyF Registered Professions'-:d' Texas No.5527 Gorrondona&Associates,inc. 7524 Jack Newell Boulevard S. Fort Worth,Texas 76118 Office 817-496-1424 Fax 817-496-1768 Texas Firm No.10106900 September 19,2019 RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Exhibit F - Page 3 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres EXHIBIT "F " ! PAGE 4 OF 5 \ \ \ 1,A5�01- \\ \ Q.�¢�Cs FOR UNDERGROUND VFACILIE TIES�\ V' 0S VOLUME 9105, PAGE 190. \ 15' PUBLIC UTILITY EASEMENT P VOLUME 9140, PAGE 532 \ ,.-O LUMEC 12180, PAGE 1544 VOLUME 9140, PAGE 591 VOLUME 9156, PAGE 776 VOLUME 9172, PAGE 727 VOLUME 12902, PAGE 334 D.R.T.C.T. , I N OD y z TD AMERITRADE SERVICES / REMAINDER OF 1- c>a o COMPANY, INC. I 1 LOT 1R1R1, BLOCK 1 o O o ~ INST. NO. D215235001 / / SABRE GROUP r Wc90cvH6- O.P.R.T.C.T. 1 / CAMPUS ADDITION C3 C Nup o•• OCTOBER 15, 2015 / ( INST. NO, D215221562 c,—aD 'o \ \ O.P.R.T.C.T. ��<cmz© \ \ \ F- U1\ \ \ _I. Z \ ` \ PROPOSED \ \ \ SET 5/8"IR W/BLUE DRAINAGE \ \\ \ SET 5/8.16 W/BLUE CAP "GORRONDONA"�\ EASEMENT \J \ ,CAP "GORRONDONA" CALLED 0.375 ACRES \ __ / /_ CITY OF SOOT HL AKE, TEXAS r —7 / 1 INST. N0. D.C.T. 146 1 . (4PRWFME-PT2) I / // O.P.R.LC.T. 0" BUILDING LINE Ji // ///// 1 NST. N0. 0202023917 / // CALLED 3.304 ACRES P. T.C.T. L-1 L_2 „-,// CITY OF SOUTHLAKE, TEXAS I/ I INST. NO. 0218161146 ————_ / .AC-AN.C�1, ..1.24( ..:f L-4 I O.P.R.T.C.T. EXISTING R.0 W — J .—_ _.� _ L-5 —� - 1�'~~ 5ET 5/8"1R W/BLUE 10'UTILITY EASEMENT i.. .. ... .. —��—'—-� INST.NO.0202023917 SET 5/8"IR 14/BLUE �/BLUE _. s=CAP"GORRONDONA" O.P.R.T.C.T. n CAP "GORRONDONA' — —n P.0•B. APPDXIMATE CORPORATE LIMITS �' -- — _OF THE CITY OF SOUTHIAKE '--. —„_ — PARCEL ` --- APPDX)MATE CORPORATE LIMITS ....-... OF THE CITY OF WESTLAKE 20• SHAMROCK PIPELINE 4PRWFME—PT2 COMPANY EASEMENT F[ff I1NG , STATE OF TEXAS VOLUME 9006, PAGE O.R.T.C1T. 52 N=7,043,191.89 VOLUME 90 OF PAGE%i E=2,378,039.32 O.R.T.C.T. STATE OF TEXAS VOLUME 4327, PAGE 438 O.R.T.C.T. SH 114 ... ' ' IWIDTH VARIES) STATE OF TEXAS GRAPHI0 SCALE Ail VOLUME 4187, PAGE 590 100' 0 'SO' 100' D.R.T.C.T. J 1" = 100' EXISTING R.O.W. *DENOTES A CALCULATED AREA 09/19/2019 .44t101—s [ SH 1 1 4 PLAT OF PARCEL PARCEL 4PROVE-PT2 NUMBER 4PRWFME-PT2 Ar Texas Department of Trans rtationSCALE PERMANENT RETAINING WALL FOOTING 1' I OOH AND MAI NTENANGE EASEMENT ACRES SQUARE FEET >• TX GORRONDONA & ASSOCIATES, INC. FEDERAL AID PROJECT ND. DAN.-C.S.J NO.STATE DISTRICT 140.ACQUISITION 0.0461 2,008 DORRW1 EMF a ASSOCIATES, INC. N/A 0353x.03-100 2 PARENT AREA 0.24.354 0.1,060,860 T524 JAW/NEWELL BLVD.SOON 035303100 C NTY 'M. FORT WORTH TN T61,0 11T-496-1424 pL�, v tWN D• ,DiG69Do PO4PRwFME-PT2_PG04 TARRANT REMAINDER AREA N/A N/A RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Exhibit F - Page 4 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres EXHIBIT "F" ( PAGE 5OF5 LEGEND: NOTES: IC/LI CENTERLINE 1. THE BASIS OF BEARING IS THE TEXAS STATE PLANE D.O.A. DENIAL OF ACCESS LINE COORDINATE SYSTEM, NORTH AMERICAN DATUM OF D.R.B.C.T. DEED RECORDS OF 1983 (NAD 83), 2011 ADJUSTMENT, EPOCH 2010. BASTROP COUNTY, TEXAS NORTH CENTRAL ZONE (4202). ALL DISTANCES AND IE) EASEMENT COORDINATES SHOWN ARE SURFACE, UNLESS OTHERWISE LT LEFT NOTED, AND MAY BE CONVERTED TO GRID BY DIVIDING O.P.R.B.C.T. OFFICIAL PUBLIC RECORDS BY THE TXDOT COMBINED SCALE FACTOR OF 1.00012. OF BASTROP COUNTY, TEXAS UNIT OF MEASURE IS U.S. SURVEY FEET. P.R.B.C.T. PLAT RECORDS OF BASTROP COUNTY, TEXAS 2. A LEGAL DESCRIPTION OF SAME DATE ACCOMPANIES THIS P.O.B. POINT OF BEGINNING PLAT. P.O.C. POINT OF COMMENCING 3. THIS SURVEY WAS PERFORMED WITHUT THE BENEFIT OF A RT RIGHT TITLE COMMITMENT. R.O.W. RIGHT-OF-WAY SH STATE HIGHWAY 4, MN THIS MONUMENT MAYBE REPLACED BY TXDOT TYPE II STA STATION RIGHT-OF-WAY MARKER UPON THE COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL LAND SURVEYOR EITHER a TxDOT TYPE I MONUMENT FOUND EMPLOYED OR RETAINED BY TXDOT. (UNLESS OTHERWISE NOTED) • MONUMENT FOUND (SIZE & TYPE NOTED) Q CALCULATED POINT 5/8" IRON ROD WITH BLUE CAP STAMPED "GORRONDONA" FOUND (UNLESS OTHERWISE NOTED) r] TxDOT TYPE II BRONZE DISK IN CONCRETE FOUND (UNLESS OTHERWISE NOTED) -————- EXISTING EASEMENT LINE EXISTING R.O.W. LINE LINE TABLE Z LAND HOOK (SAME OWNER) LINE BEARING DISTANCE e PROPERTY LINE L-1 N 37°03'07"E 10.72' — — — — PROPOSED CENTERLINE L-2 S 27°18'12"E 24.91' PROPOSED R.C.W. LINE L-3 N 54°03'51"E 89.51' .___Iii............ PROPOSED R.O.W. LINE AND L-5 N 27°108'52"W 25.84' DENIAL OF ACCESS LINE -- ---- SURVEY LINE BROKEN LINE CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CHORD ARC C-1 4,728.00' 02°09'04" S 32'55'25"E 177.49' 177.50' C-2 4,738.00' 02°05'50" N 32°56'36"W 173.42' 173.43' I, RICHARD KENNEDY, REGISTERED PROFESSIONAL LAND SURVEYOR No. 5527, LICENSED IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT AND ACCOMPANYING LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED FROM AN ACTU,.-S THE-GROUND SURVEY UNDER MY DIRECT S,g IST .. . a �'-015Tk_iL U_1 G Zp KENNEDY THE ACREAGE CALCULATED AND SHOWN RICHARD KENNEDY K'•;� HEREON IS CONVERTED FROM THE SQUARE REGISTERED PROFESSIONAr-1r gof55!7ryr; FOOTAGE SHOWN HEREON, AND IS FOR LAND SURVEYOR `�`'LA ESS ,4 / INFORMATIONAL PURPOSES ONLY. TEXAS NO. 5527 ..=UR '- TEXAS FIRM NO. 10106900 *DENOTES A CALCULATED AREA 09/19/2019 SH 11 4 PLAT OF PARCEL 4PRWFME-PT2 PARCEL NUMBER 4PRWFME-PT2 `Texas Department of Transportation SCALE PERMANENT RETAINING MALL FOOTING 1" = 100' AND MAINTENANCE EASEMENT ACRES SOUARE FEET i EORRONDONA &ASSOCIATES, INC. FEDERAL AID PROJECT NO. R.D.N.-C.S.J NO.STATE DISTRICT NO.ACQUISITION 0.0461 2,008 N/A 0353-03-100 2 WARDNOODA4 ASSOCIATES,INC. PARENT AREA *24.354 +1,060,660 Nia71 FGitsgRr f6N -06-7,2A 035303304 TWAT REMAINDER AREA N/A N/A FYRN NO.10106900 PO4(SRWFME-PTZ_PG05 RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Exhibit F - Page 5 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres P4 PRWFME PT2_txt P4 PRWFME PT2 Radius Delta Chord Ang Chord Length Bearing Distance N 37°03'07"E 10.72 4728.00 2°09'04"S 32°5625"E 177.49 177.50 S 32°5525"E 177.49 S 27°1812"E 24.91 S 54°03'51"W 10.11 N 27°1812"W 25.84 4738.00 2°05'50"N 32°56'36"W 173.42 173.43 N 32°56'36"W 173.42 Closure Error Distance>0.0000 Total Distance>422.52 SO FT.> 2008 ACRES> 0.0461 Page 1 RETAINING WALL FOOTING AND MAINTENANCE EASEMENT Exhibit F - Page 6 A 10.00-foot wide Permanent Municipal Retaining Wall Footing and Maintenance Easement containing approximately 0.0461 acres