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Sabre Group Campus (Lot 1R1R1, Block 1) - Temporary Construction Easement TEMPORARY CONSTRUCTION EASEMENT PARCEL 4TCE-PT2, PART OF LOT 1R1R1, BLOCK 1, SABRE GROUP CAMPUS ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS STATE OF TEXAS § COUNTY OF TARRANT § TD AMERITRADE SERVICES COMPANY, INC., a Delaware corporation ("Grantor") hereby grants to the CITY OF SOUTHLAKE, Texas (the "CITY" or "Grantee"), a non-exclusive temporary construction easement for the purpose of constructing necessary utility facilities in connection with the SH114 Frontage Road Project (the "Temporary Construction Easement"), along, upon, and across the property located in the County of Tarrant, State of Texas, and more particularly shown and described in Exhibit "C", which is attached hereto and incorporated herein for any and all purposes (the"Temporary Easement Property"). Prior to the commencement of Grantee's use of the Temporary Easement Property, Grantee shall survey and stake the boundary of the Temporary Easement Property and the remainder of Grantee's property, and install temporary staking along such boundary to delineate the boundary of the Temporary Easement Property. Before Final Acceptance of the SH114 Water and Sanitary Sewer Relocations Project, Grantee shall remove such temporary staking. It is understood that during construction of the SH114 Water and Sanitary Sewer Relocations Project, the Grantee's contractors will of necessity require the use of the Temporary Easement Property to accommodate movement of equipment for handling and placement of piping and supplies, but only as may be necessary, and in no case shall such contractors permit equipment to come in contact with, or damage existing buildings or other permanent property improvements. Prior to the expiration of this Temporary Construction Easement, Grantee shall be required to restore the surface of Grantor's property disturbed by Grantee's activities and restore all damage to Grantor's property, including without limitation, fencing, structures, and other improvements to pre-existing conditions or better. For each tree greater than 4 caliper inches that is destroyed, removed or materially damaged, Grantee shall plant replacement trees no smaller than 3 caliper inches to total the equivalent caliper of the destroyed, removed or materially damaged trees at a location designated by Grantor, at Grantor's discretion on Grantor's adjoining property. During Grantee's restoration of Grantor's property, Grantee shall require its contractors to slope the surface of the Temporary Construction Easement to provide a gradual transition between the roadway and the remainder of the Grantor's property, and shall be allowed to place only clean fill on the Grantor's property for such purpose. 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. This Temporary Construction Easement shall commence on the date the CITY issues a Notice to Proceed to their construction contractors for the SH114 Water and Sanitary Sewer Relocations Project and shall expire on December 31, 2020 or the date the CITY issues Final TEMPORARY CONSTRUCTION EASEMENT Page 1 of 4 Acceptance of the SH114 Water and Sanitary Sewer Relocations Project, whichever occurs first. This Temporary Construction 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. Grantee shall be responsible, at Grantee's cost, for obtaining all necessary or appropriate approvals from all existing holders of easements or other rights in the Temporary Easement Property. This Temporary Construction 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. TO HAVE AND TO HOLD unto the City of Southlake as aforesaid, for the purposes and on the conditions set forth hereinabove, the premises described in said Exhibit "C". Temporary Construction Easement granted this day of , 2020. TEMPORARY CONSTRUCTION EASEMENT Page 2 of 4 GRANTOR: TD AMERITRADE SERVICES COMPANY, INC. BY: Lorne ov, Managing Director, Corporate al 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 t-� `' day of 1• (�,1 20 NOTARY SEAL !' , ')J) iii Notary Pu.lic, State of Nebras a 1-A-7C' \c,,jk-1, (JO GENERAL NOTARY-State of Nebraska Notary's Name (Printed) DENEEN SHADEWALD My Comm.Exp.November 4,2022 Notary's Commission Expires AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE do Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-8077 TEMPORARY CONSTRUCTION EASEMENT Page 3 of 4 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the 11 day of Baru,. , 20W, 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 (./ O\ • ., Dated 1 to Air. . ... Ai.� /( p `� - W or, ' TTY OF 'OUTHLAKE r : • ' 0 .... • *<<1, ATTEST: 4116_1a. 01 it , City gi-tary , TEMPORARY CONSTRUCTION EASEMENT Page 4 of 4 EXHIBIT"C" County: Tarrant Page 1 of 4 Highway: SH 114 Limits: Dove Road to Davis Boulevard R.O.W.CSJ: 0353-03-100 Description of Parcel 4TCE-PT3 BEING a 0.7471 acre (32,542 square foot)tract of land situated in the V. P. Martin Survey, Abstract No.1015,Tarrant County,Texas,and being a portion of Lot IRI R1,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 IR1R1 being conveyed to TD 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 0.7471 acre(32,542 square foot)tract of land being more particularly described by metes and bounds as follows: BEGINNING at a calculated point in the existing northeasterly line of SH 114(width varies)and in the northeasterly line of a called 3.304 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 calculated point having a surface coordinate of N=7,043,079.26 and E=2,378,111.61,from which a 5/8 inch iron rod with blue cap stamped"GORRONDONA"found the northeast corner of said called 3.304 acre tract of land bears a chord bearing of North 32 degrees 42 minutes 13 seconds West,a chord distance of 133.79 feet,said 5/8 inch iron rod with blue cap stamped"GORRONDONA"being the southeast comer of a called 0.375 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,said 5/8 inch iron rod with blue cap stamped "GORRONDONA"being in the northwesterly line of said Lot 1 R1 R1 and In the southeasterly line of Lot 112,Block 1 of said Sabre Group Campus Addition,said 5/8 inch iron rod with blue cap stamped"GORRONDONA" (1) THENCE North 75 degrees 04 minutes 34 seconds East,a distance of 261.68 feet to a calculated point for corner; (2) THENCE South 39 degrees 02 minutes 13 seconds East,a distance of 56.94 feet to a calculated point for corner; (3) THENCE South 27 degrees 02 minutes 11 seconds West,a distance of 158.89 feet to a calculated point for corner; (4) THENCE North 78 degrees 37 minutes 29 seconds West,a distance of 171.17 feet to a calculated point for corner in the northeasterly line of said SH 114 and in the northeasterly line of said called 3.304 acre tract of land; (5) THENCE North 27 degrees 18 minutes 12 seconds West,with the northeasterly line of said SH 114 and with the northeasterly line of said called 3.304 acre tract of land, a distance of 58.12 feet to a 5/8 inch iron rod with blue cap stamped"GORRONDONA" found for the beginning of a curve to the right having a radius of 4,738.00 feet,a central angle of 00 degrees 28 minutes 46 seconds,and whose chord bears North 33 degrees 45 minutes 09 seconds West,a chord distance of 39.64 feet: February 17,2020 TEMPORARY CONSTRUCTION EASEMENT Exhibit D-Page 1 EXHIBIT"C" County: Tarrant Page 2 of 4 Highway: SH 114 Limits: Dove Road to Davis Boulevard R.O.W.CSJ: 0353-03-100 Description of Parcel 4TCE-PT3 (6) THENCE Northwesterly,with said curve to the right,with the northeasterly line of said SH 114 and with the northeasterly line of said called 3.304 acre tract of land,an arc length of 39.64 feet to the POINT OF BEGINNING,and containing 32,542 square feet or 0.747 acres of land,more or less. NOTES: The basis of bearing is the Texas State Plane Coordinate System,North American Datum of 1983 (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 project 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. February 17,2020 • re. J RiCHARD KE PiEDY .r+5577 Richard Kennedy ,s. `•�' Registered Professiona' 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 February 17.2020 TEMPORARY CONSTRUCTION EASEMENT Exhibit D-Page 2 EXHIBIT "C'' I PAGE 3 OF 4 \ \ • \ \ \ 'si.`N Sv30\5\ \ \\• \ 00 \\`,i, C'' 9 C.:‘ NO 20' NON-EXCLRLuSI VC CILING EASEVENT-IL I 1 IES "' \` �' �S VOLUME RIDS, PAGE 190 \ 15' PUBLIC UTILITY EASEMENT V'S)) VOLUME 9140, PACE 532 \ \ \D R.AIT'EEC 12160, PAGE 1541 ' VOLUME 9140, PAGE 591 VOLUME 9156, PAGE 776 \ ' VOLUME 9172, PAGE 727 VOL U'AE '2902.D.R.fE C .T. , I 1 REMAINDER OF N I 1 LOT 1R1R1, BLOCK 1 Z L TD AMERITRADE SERVICES i / I SABRE GROUP L../...)0_0(7, COMPANY, INC, CAMPUS ADDITION Q Q 01- 1- INST. NO. D215235001 5 39•Q2�13rE INST. NO. 0215221562 0 0�7 56.94' wmEepnV O.P.R. T.C. T. 'T-. O.P.R.T.C.T. -,.Cs1 OCTOBER 15, 2015 I; ( ( (% 1 w Ti m 2 0 co/ \ S \v't9 0a. �g�"z 4TCE-PT3 N�/ \` \\\\��m•'4. It 1 ) \ CALLED 0.315 ACRES / . _�/_.�A CITY Of SOUTNLAKE, TEXAS- C::;,/ r___7,— / - / -T PROPOSED INST. N0. 0216161146 / I / ./ - DRAINAGE O.P.R.7.C.T, ^.7 I ,/ _/ //. EASEMENT 055 Bu Dt"pp obz�917 2 I / //f_i/\,�. , NP?A.T.C.T. / I� // /. CALLED 3.304 ACRES _ _ // 1 1 CITY OF SOUTHL AKE• TEXAS ---- / / I /'/ ''J/ I INST. NO. 0216161146 _/-_ "_ /_ ' I O.P.R.T.C.T. _ EXISTING R.0_R. -- •=-�C. I - ♦ • `'� r / l� - C-2_L-i A --_ — 10r U19JTY EASEMENT... - . 7. v 1 MST.NO. D202023917 STATE OF TEXAS .. . _1 OP.R T.C.T. VOLUME --9006, PAGE 961 - - D.R.T.C.T. APPDX.IW IE CORPORATC LI OF THE CITY OF SOUTHLAEF KE -_ -` __ _- -- -- -- - APPDXIWTE CORPORATE LlMili OF THE CITY OF IESTLAKE 20' SHAMROCK PIPEL IRE CC*RY EASEMENT P.0«B. YOLUME 9006. PAGE 1152 D.R.T.C.T. PARCEL STATE Of TEXAS 4TCE-PT3 VOLUME R.T .CP`GE 416 N.7,043,079.26 E'2.3T6,1 11.61 SH 114 .. - nRTDTH VARIES) STATE OF PACETEXASGRAPRJ0 SCALE VOLUME 4117• PAGE 590 0.R.T.C.T. 100' 0 50' 100' I" • 100' EXISTING R.O... «DENOTES A CALCULATED AREA 02/11/2020 SH 1 1 4 PLAT OF PARCEL PARCEL --.,. P1'. 4TCE PT3 NUMBER 4TCE-PT3 `?bras Department of T1ansportationI•'SCALE TEYAPORAEASCONSTRT RUCTION ACRES SQUARE FEET CORRONDONA 5 ASSOCIATES, INC. MUM AI0 PROJECT NO. IL0,M.-C.5.J AO.STATE DISTRICT NO.ACQUISITION 0.7411 32,542 N/A 0353-03-100 2 pq�p,p�y A Ay�uns, IRC. PARENT AREA 424.351 41,060,860 ui 4 JILL F NU MLY6. ANI-1 035303f00 C Ntr p...X FORT�01Tq T,NUS n -A4-1474 TARRANT REMAINDER AREA N/A N/A FIRM K0. 1010000 P01TCE-PT 3_PG03 TEMPORARY CONSTRUCTION EASEMENT Exhibit D-Page 3 EXHIBIT C IPAGE 4 OF 4 LEGEND: EXHIBIT 1 NOTES: (C/l) CENTERLINE I. 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 (E) EASEMENT COORDINATES SHOWN ARE SURFACE, UNLESS OTHERWISE L1 LEFT NOTED, AND MAY BE CONVERTED TO GRID 8Y 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, •A 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 TxDOT TYPE I MONUMENT FOUND EMPLOYED OR RETAINED BY TXDOT. (UNLESS OTHERWISE NOTED) • MONUMENT FOUND (SIZE 8 TYPE NOTED) CALCULATED POINT O 5/8' IRON ROO WITH BLUE CAP STAMPED "GORRONDONA' FOUND (UNLESS OTHERWISE NOTED) I TxDOT TYPE 11 BRONZE DISK IN CONCRETE FOUND (UNLESS OTHERWISE NOTED) -————- EXISTING EASEMENT LINE EXISTING R.O.W. LINE Z LAND HOOK (SAME OWNER) PROPERTY LINE LINE TABLE - — — PROPOSED CENTERLINE LINE BEARING DISTANCE PROPOSED R.O.W. LINE L I N 27'18'12"W 58.12' PROPOSED R.O.W. LINE AND DENIAL OF ACCESS LINE —- — SURVEY LINE BROKEN LINE CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CHORD ARC C-) 4,738.00' 01'37'05" N 32'42'I3'W 133.79' 133.79' C-2 4,738.00' 00'28'46" N 33'45'09'W 39.64' 39.64' 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 ACT,,,---).:THE-GROUND SURVEY UNDER MY DIRECT 5 Pr-GSsTE4r•. ,4PR,,HARC> hENNEL) i THE ACREAGE CALCULATED AND SHOWN RICHARD KENNEDY • t HEREON IS CONVERTED FROM THE SQUARE REGISTERED PROFESSIONAL,`. FOOTAGE SHOWN HEREON, AND IS FOR LAND SURVEYOR I j' 5 \0�) y, INFORMATIONAL PURPOSES ONLY. TEXAS NO. 5527 < TEXAS FIRM NO. 10106900 «DENOTES A CALCULATED AREA 02/17/2020 SH 1 1 4 PLAT OF PARCEL PARCEL 47CE-PT3 NUMBER 4TCE-PT3 , xaT• sDepartment of7YansporfaUon 1"SC<C100' TEMPORARY CONSTRUCT 1IO ACRES SWARF FEET a 3 FW(W MAC, R.0.11.-C.S.JA.STAIR DISTRICTI-ACOUISITION 0.7411 32,542 GORRONDONA b ASSOCIATES, INC. At NTES, IM[. N/A 0353 03 100 2 PARENT AREA 024.354 .1,060,860 • Ir �� �niA s%-1 035303)00 ACOMITY Y 100Trift 6p,10,06wo ���� PO4TCE-PT3_PG04.. TARRANT REMAINDER AREA N/A N/A TEMPORARY CONSTRUCTION EASEMENT Exhibit D-Page 4 P4 TCE PT3.txt P4 TCE PT3 Radius Delta Chord Ang Chord Length Bearing Distance N 75°04'34"E 261.68 S 39°0213"E 56.94 S 27°02'11"W 158.89 N 78°3T29"W 171.17 N 27°18'12"W 58.12 4738.00 0°2646"N 33°45'09"W 39.64 39.64 N 33°4609"W 39.64 Closure Error Distance>0.0000 Total Distance>746.44 SO FT.> 32542 ACRES> 0.7471 Page 1 TEMPORARY CONSTRUCTION EASEMENT Exhibit D-Page 5