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Brumlow Industrial Addition (Lot 2A and 2B) - Permanent Municipal Utility Easementto w THE STATE OF TEXAS § COUNTY OF TARRANT § That I,GL , GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and othe# 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 permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating a water line and other municipal utilities, to include waterlines, sanitary sewer lines, and underground drainage facilities in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to -wit: A Permanent Municipal Utility Easement as more particularly described and shown in Exhibit 1 and Exhibit 2 attached hereto and incorporated herein. 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 Grantor's use of Grantor' 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 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 upon Grantor's remaining property damaged due to Grantee accessing the Easement Property without cost to Grantor and shall restore Grantor's remaining 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 any easements granted herein any temporary or permanent structures or use the easement property granted herein 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 said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. 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 premises unto GRANTEE, and GRANTEE's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, including through any right of reversion under any prior deeds in GRANTOR's chain of title. MUNICIPAL UTILITY EASEMENT Page 7 of 10 The Permanent Waterline Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person. MUNICIPAL UTILITY EASEMENT Page 2 of 10 INITNES WHEREOF, this dedication instrument is executed this day of 2020. BY: �ff`- I I�/t 1, C \ RANTOR ►E03 N.[61044 ier ,F"L ME Iwo 1,041 WHO 1-1 BEFORE ME, the un rsi ed auth my in and for Tarrant County, Texas, on this day personally appeared i/iX� known to me or proved to me through V(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 � day of 4�� 2020. NOTARY SEAL �,ay Poo TINA CHRISTINE GOOLSBY Notary ID #3215158 � z My Commission Expires 'dors May 14, 2021 SII I Public, to I n ex r 2iV4 elloelS j/ ✓,' 4!a4� 5/3� Notary's Name (Printed) y -ly- 2.1 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: 817-748-807 MUNICIPAL UTILITY EASEMENT Page 3 of 10 CERTIFICATE OF ACCEPTANCE This 's to certify that the interest and real property conveye by his dedic tin instrument dated the= day of � - 2020, from Q 0 to the City of Southlake, has been duly accepted subject to all terms and condimns contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. C a ATTEST: City Se e ry MUNICIPAL UTILITY EASEMENT Page 4 of 10 m'fj,, •� ..... �� `\www a ATTEST: City Se e ry MUNICIPAL UTILITY EASEMENT Page 4 of 10 EXHIBIT "A" 10 FOOT WIDE WATER EASEMENT BPING a 0.1201 acre (5,233 square toot) tract of landsituated in dlo IIartison Decker Survey, Abstract No. 438, City of Southlake; Tarrant County,. Twins. and being a portion ora called 31.5024 acre tract of land as described in the Warranty Deetl to Balla C. Wright, as recorded in Instrument No. D218281862 of the Oficial Public Records of Tarrant County. Texas (O.P.R, f.GT.), and being more particularly dowribod by mutes and hounds as follows: COMMENCING at a I2 -inch iron real found atwmmon souihoasterly corner of Tract 2-A anti northwesterly comer of Tract 2-B. both of "Tract 2-A and 2-11, Brumlow Industrial District"l an audition to the City of 3odtlflake, Tarrant County. Tesas. according to dre plat thereof recorded in Volume 388-113, Page 441; O.P.R.T.C.T. same being on the easterly Right-of-Way(R.O.W.) line ofBiumlow Avcrmc (a 50:foot wide R.OAVd. having a Texas Coordinate Syston, NAD83 (2011), North Central Zone (4202),: grid coordinate of North 7,020222.96; Bast 2389,872.8Z "IT-B3NCIi South 08 degtcos 4'2 minutes 14 seconds East. along the common westerly line of said Tract M and said easterly R O.W.line of said Bmmlow Avenue, a distance of 210.81 feet to the common southwest comer of said 'tract 2-B anti norllnt'ost cornus of "Tract I- of taw Brmnlow industrial District, an addition retire City of Southlake, Texas.. accenting to the plat thereof recorded in Volume 388.127, Page 89, O.P.RT.C.T. and a called 27.042 acre tract of land as described in a Special W'arranly, Deed to NuStar.Logistics. L.P. as recorded in Instrument No. 1)208041261, O.Y.R.T.C, 1'4 THUNCP. South 89 degrees 50 minutes 44 seconds East, departing said common tine and along the common south line of said Tract 2-11 and the north line of said Tract 1, a distance of 511.51 feet to the common southeast comer of said'frac12-1i and southw ez t corner of the aforementioned Wright tract for the POiIN"f E BEC INNING. having a Texas Coordinate System, NAD83 (201 Ill North Central Zone (4202), grid coordinate of North 7,0211,013.2.3, Fast 2,390,416.15; TIM, (7V North 00 degrees 35 minutes 44 seconds West, departing .said common line and along the common east fine of said Tract 2 -Band west line of said called 31:5024 acre Wright tract. a distance of 10.00 feet to a point for comer; THENCE, departing said common line, crossing said Wright tract, the following three (3) courses and distances: 1) South 89 (Icnrcos 50 minutes 44 seconds East, a distance of 499.84 foot to a point for a corner: 2) North 45 degrees 06 minutes 30 seeonds Past, a distance of 21-20 feet to a point for a cornu'; 3) South 89 degrees 54 minutes 18 seconds Fast,a distance of 2.43 fent to a point for a corner in the common east line of said called 31.5024 acre Wright'rraet and west line of a called 2627 acre tract of land as described in a Warranty Deed to Balla C. Wright, as recorded in lushurnent No. D219013406, O. P.R'1.0 -] .; 'I -I IEN(;II South 00 degoe, N 15 minutes 57 seconds East, along said common line, a distance of 11.64 tett to a point fora comer. fi mr, which a 1 -inch iron pipe found at the common southeast comer of said 315024 acre Weight tract and the southwest corner of said :26.27 acre Wright tract bears, South 00 degrees 15 minutes 57 scemoN East, a distance of 1;.37 feet: TIiENCE^ .South 45 degrocs OG minutes 30 sealmis WusL departing said common line and crossing said 31.5024 acre Wright tract, a distance of 18.89 feel to a point leer a corner on the common south line of said "31.5024 acre Wright tract and the north line of the aforementioned Tract 1. from which a I -inch iron pipe formal a(lho northeast comer of said Tract I hears, South 89 degrees 50 minutes 44 secomis East, a distance of 572.39 feet, Page 1 of 3 G`1`11.119-W101'VEL 1ARNI I'M -WUInWUr N1 C%VV5.k AIKHWN1DOCU Mt'N'fti.MdP k t VGA WCIAhl Wale 1613 k NISL doe MUNICIPAL UTILITY EASEMENT Page 6 of 10 THENCE North 89 degrees 50 minutes 44 seconds West, along said common line, a distance of 503.85 feet to the POINT OF BEGINNING and containing within the metes recited 0.1201 acre (5,233 square feet) of land, more or less. The Basis of Bearings is the Texas State Plane Coordinate System of 1983, North American Datum (NAD 83) 2011 adjustment, epoch (2010.0). Distances and Area shown are surface (scale factor 1.0001489025). Exhibit drawing of even survey date herewith accompanies the field note description for the 10 Foot Wide Water Easement. I, Stephen Joel Dial, a Registered Professional Land Surveyor in the State of Texas, hereby certify that this description and the exhibit attached hereto were prepared from an actual survey of the property preformed on the ground and that the sure is fine and correct. Steph n Joel Dial Registered Professional Land Surveyor Texas Registration No. 6697 Date: March 03, 2020 CP&Y, Inc. 1820 Regal Row, Suite 150 Dallas, Texas 75235 TBPLS Finn Registration No. 10194115 Page 2 of 3 0 TN, E1700467 FUEL FARM WM SOUTHLAKEMCMANUSMWE-13REV FSEO.d- MUNICIPAL UTILITY EASEMENT Page 6 of 10 TRACT 2-A EXHIBIT 1 — PAGE 3 OF 3 EXHIBIT "A" 10 FOOT WIDE WATER EASEMENT SITUATED IN THE HARRISON DECKER SURVEY, ABSTRACT NO. 458 CITY OF SO)TNLAKE, TARRANT COUNTY, TEXAS GRID. COORDINATE TABLE POINT .NORTHING EASTINC DESORPTION f 1 7,020.222.961 2,389,872.82 P.O.C. 2 7020013.21 2390416.15 P.O.a. 9RUMLOW INDUSTRIAL DISTRICT VOL 388-113, PG. 441 O.P.R.T.C.T. m� TRACT 2-13 N 00'35'44' W LMD. -POINT i -'4-- NOT TO SCALE CM - CONTROL MONUMENT IRF. -IRON ROD. FOUND IPE IRON PIPE FOUND 0 P R.T,C.T. = OFETCIAL PLOUC RECORDS £ARRANT COUNTY, TEXAS ft O.W. = RIGHT -OF -WAV PGO. = POINT OF BEGINNING PO.C, = POINT OF COMMENDING = WATER EASEMENT SALLA C. MIGHT CALLED 31.5024 ACRES INST, NO. D218281862 O.P.R.T.C.T. 10' "AIDE WATER EASEMENT 0.1201 ACRE (5,233 S0. FT.) 164'50'44' E — 499.84' CALLED 26.27 AC. DIALER C. MIGHT MST NO. 0219013466 O.P.R.T.DIE N 8950'44' W — 503.85 1--s 89'SO E V rP.F. 5 993046' E - MIS" 1, 1592301 (Gu) P.O.B. SEE DETAIL �\ BRUMLOW INDUSTRIAL, DISTRICT 0t�C g1 0�5' VOL. 368-127, PG. 89 OtA AS P i z�� A DELAWARE UWXO PARTNERSHIP REMAINDER OF A a CALLED 27.042 ACRES INST. NO. 0206041261 'P LMD. -POINT i -'4-- NOT TO SCALE CM - CONTROL MONUMENT IRF. -IRON ROD. FOUND IPE IRON PIPE FOUND 0 P R.T,C.T. = OFETCIAL PLOUC RECORDS £ARRANT COUNTY, TEXAS ft O.W. = RIGHT -OF -WAV PGO. = POINT OF BEGINNING PO.C, = POINT OF COMMENDING = WATER EASEMENT SALLA C. MIGHT CALLED 31.5024 ACRES INST, NO. D218281862 O.P.R.T.C.T. 10' "AIDE WATER EASEMENT 0.1201 ACRE (5,233 S0. FT.) 164'50'44' E — 499.84' CALLED 26.27 AC. DIALER C. MIGHT MST NO. 0219013466 O.P.R.T.DIE N 8950'44' W — 503.85 1--s 89'SO E V rP.F. 1, 1592301 (Gu) P.O.B. SEE DETAIL BRUMLOW INDUSTRIAL, DISTRICT TRACT 1 VOL. 368-127, PG. 89 O.P.R.T.C.T. NUSTAR LOGISRCS, L.P. A DELAWARE UWXO PARTNERSHIP REMAINDER OF A CALLED 27.042 ACRES INST. NO. 0206041261 O.P.R.T.C.T. (i ND¢s 1) The Roog of 9ebo,,ra i8 the TG9e9 Stale Plane Cooroacta Storm of 1983, NP -Do Amaro. DO. (NAD &1) 2011 aap3lmeal, epoch (2010.0). D'atbacee and Area mo.o Ore .0.. (.ease Iaetat $.0001480025). 1820 Rego Row, SuRa 150, D0I{Gy, TamoD 75235 214,747.3733 MKS iO19A115 \ IA N0' �R1505.SµP0 §r e-3 W15'SP E/ 1¢>r \ S 4598'.w W l 16.99' OfTA16 P -JO' StephSn Jo;1 Dial Registered professional Land Surveyor Texas Registration No. 6687 A FIELD NOTE DESCRIPTION HEREV91TH ACCOMPANIES THIS DRAWING. Do". i:G "r L' 1-11117'1111 19%6 MUNICIPAL UTILITY EASEMENT Page 7 of 10 A 10 FOOT WIDE WATER EASEMENT BEING a 0.1077 acro (4.692 square foot) tract of land situated in thu Harrison Decker Survey. Abstract No. 438, City of Southlakc, Tarrant County, Tomas; and being a potion of a called 26.27 acre tract of land as described in the Warranty Decd to Balla C Wright, as recnrded in instrument No.. D219013466 of the Official Public Records of Tarrant Counly,'Texas (O.P.R. f.C.T.), and being more particularly described by metes and bounds as follows: CONINIF.NCING at a 112 -inch non rod found at the common soullincslerly corner of Tract 2-A and northwesterly comer• of Tract 2-B. both of=`Tract 2-A and 2-B, Brumlow Industrial District", an addition to the City of Smithlakc, Taunt County, Texas, according to the: plat thereof recorded in Volume 388-113, Page 441, O.P.R.T.C.T., same being on the easterly Right -of -Way (kOAV) line of Brnmlow Aviame, (a 50 foot wide R.O,W.), paving a Tows Coordinate System, NAD83 (2011); North Central Zone (4202), grid coordinate of North 7,020,222,K, East 2389,872.82; T HENCT South 08 degrees 42 minutes 14 seennds Fast, along the common west line of said Tract 2-11 and said easterly R.OAV. line of said Brunton, Avenue, a distance of 210.81 feet to the common southwest einner of said Tract 2-13 and northwest corner of a called 27.042 acro tract of land as described in a Special Warranty Deed to NuStar l.ngisties, L.R as recorded in Instrument No. D20804126L OB.R_T C.T: and being ` riact I" of die Bmmloty Industrial District, air addition to the City of Souddake. TeRas. according to the plat tlicreof recorded in Volume 388- 127, Page 89, 1JRT.0 ."T.; THENCE South 89 degrees 50 minutes 44 seconds East,: departing said common Into and along the common South line of said Tract 2-B an(] the north .line of said NuStar tract, at a distance of 511.51 feet, passing the coronion southeastcomot,of said Tract 2-B. same hoing tho soudtwaxst comer of a called 31.5024 acre tract of land as described in a Special Warranty Decd to Balla C. Wright, as recorded in Instrument No_ D218281862 O.P.H.T.C.T., continuing along the common south line of said Wright 31.5024 acre tract and north line of said NuStar tract, a total distance of 1,028.81 feet to a ]-inch iron pipe found for the common southeast comer of said Wright 31.5024 aria tract and southwest corner of the aforementioned Wight 26.27 acre tract; 'I'10?NCI's North 00 degrees 15 minutes 57 seamids West, departing said common line and along the common west line of said Wright 26.27 acro tract and the cast line of said Wright 31.5024 acre tract, a distance of 13.37 feet to a point for a canter for the POINT OF BEGINNING, liavrng a Texas Coordinate System, NAD83 (2011). North Central Zone (4202), grid coordinate of[North 7.020.025.20, East 2,390,933.30; THENCE North 00 dogrees P, minutes 57 seconds West, continuing along said common line, a distance of 11.64 feet to a point for a corner: TITIiNCE, Chcr and Across said Wright 2627 acre tract the following four (4) calls: (1) South 89 degrees 54 minutes 18 seconds Past, departing said common line, a distance of 460.66 feet to a point for corner in the northwesterly tine of a 10 -foot wide Permanent Water line Easement as described in the deed recorded in Instrument No. D216248479 O.P.R.T.C.T. (2) South 53 degrees 37 minutes 24 seconds West, along the northwesterly line of said 10 -foot wide Permanent Water Easement, a distance of 16.82 feet to a point fora comer; (3) North 89 degrees 54 minutes i8 seconds West, a distance of 256.85 feet to a point for a cornet'; Page I of 3 2{Pry ttJs'.ItlAiG1 FUFI. PARili"I'S P.vm12 Rlli"ad.s MUNICIPAL UTILITY EASEMENT Page 8 of 10 (4) South 00 degrees 06 minutes 24 seconds West, a distance of 15.20 feet to a point for a coiner on the common south line of said Wright 26.27 acre tract and the north line of the aforementioneclNuStar tract, firom which a 1 -inch iron pipe found at the northeast comer of said NuStar tract bears, South 89 degrees 50 minutes 44 seconds East, adistance of 369.06 feet. THENCE Noith89 degrees 50 minutes 44 seconds West, along said common line, a distance of 10.00 feet to a point for a comer, THENCE, departing said common line and crossing said Wright 26.27 acre tract, the following two (2) courses and distances: 5) North 00 degrees 06 minutes 24 seconds East, a distance of 15.19 feet to a point for a comer; 6) North 89 degrees 54 minutes 18 seconds West, a distance of 178.57 feet to a point for a comer; THENCE South 45 degrees 06 nannies 30 seconds West, a distance of 2.32 feet to the POINT OF BEGINNING and containing within the metes recited 0.1077 acre (4,692 square feet) of land, more orless. The Basis of Bearings is the Texas State Plane Coordinate System of 1983, North American Datum (NAD 83) 2011 adjustment, epoch (2010.0). Distances and Area shown are surface (scale factor 1.0001489025). Exhibit coming of even survey date herewith accompanies the field note description for the 10 Foot Wide Water Easement. I, Stephen Joel Dial, a Registered Professional Land Surveyor in the State of Texas, hereby certify that this description grid the exhibit attached hereto were prepared from an actual survey of the property preformed on the ground and that the same is true and correct. Y- " Stephen Joel Dial ----------'------- Registered Professional Land Surveyor Texas Registration No. 6697 Date: March 03, 2020 CP&y, Inca 1820 Regal Row, :Suite 150 Dallas, Texas 75235 TBPLS Finn Registration No. 10194115 Page 2 of 3 G'. V'mjeLLsq ]oWb] FHEL FARM WM SOUTIILAKE,MCMAINS&JOnNSONNOCUMENTSMete &bowdsAWnght WatrEemt]Re 8oddo[X MUNICIPAL UTILITY EASEMENT Page 9 of 10 EXHIBIT 2 — PAGE 3 OF 3 EXHIBIT "A" 10 FOOT WIDE WATER EASEMENT SITUATED IN THE HARRISON DECKER SURVEY, ABSTRACT NO. 438 CITY OF SOUTHLAKE, TARRANT COUNTY. TEXAS GRID COORDINATE TABLE POINT NORTHING EASTIN OESCRIPiION i ] 020 222.96 2 389 872.82 P.O.C. 2 7 20 . 0 0933.30 P.O.B. LINE TABLE UNE BEARING I LENGTH G -i S 583723' W 16.82' L-2 N 89'5418 IN 256.85 L-3 S-00 '06 24 W 15.20 -r-47 N 895044 W 10.00' L-5 N 00'06'24" E 15.19 L-6 N 89'54'18" W 178.57' TRACT 2-A CALLED 26.21 AD. GALLA C. MIGHT P, �.C. INST NO. D2190134a6 CALLED 31.5024 AC. O.P.R.T.C.T: RALLA C, hRIGHT 3 A (aM IA.F. INST. NO. D21 8 2 818 6 2 'RA�'' (a M) TRAGI 2—A AND a IST O.P.R.T.C.T. I 10' WIDE WATER EASEMENT �, 6RUMlRWMW9u'13, P DISTRICT I 0.1077 ACRE •>' s<q_<` M OP.R.lG.T' I OQ �� (4,692 SQ. FT.) W TRACT 2H p B �. _S 89'5418" E 480.58' L-1 6 893D'aa' E — 1,CaD8Y I' IPE L-8 Y LP.F. '" SEE DETAIL �5�1 , SOUTHWESTERN STREET Yvh TRACT i (60' R.O.W.) h INST. No. 0203311586 TL~ A v i BRUMLGW INDUSTRIAL DISTRICT O.P.R.T.C.T. 0 I (7 'R z F LRIL. 388-127, PG. 89 O.P.R.T.C.T. c2 �w R NUSTAR IED .I LOGISTICS, L.P. V� A OELAWARREMAINDEROFAA2NERSNIP g ' cauEo<iss at�pR P -p O.P.R.T.C.T. LEGEND: '1= A — PONT 1y-= NOT TO SCALE C.M. _ CONTROL MONUMENT I.R.F. - IRON ROD FOUND LP.F. = IRON PIPE FOUNO O.PR.T.C.T. = OFFICIAL PUBLIC RECC9GS TARRANT COUNTY. TEXAS R.O.W. = RICHT-OF-WAV P.O.B. = PONT OF BEGINNING P.O.C. = PONT OF COMMENCING - WATER EASEMENT' NOTES' 1) Tna 0aoe a! BaWnpc ie W Taw SI.,. Woe. Cow O. 51— .1 Im, M1'w1a amalw� 0.x,.n, 0. azl z0i, Oay.wnt VP,, WIN 0). wn......w Are. P,n.n .r. armee Come meta 1.eomu aa' 1820 Rmgol ROW, Sulfc 150, polios, Texa-, 75235 214.747.3733 ISMS tO5S4115 PG Pa 3 of 3 DETAIL N AS'sAYH" w A FIELD NOTE DESCRIPTION HEREWITH ACCOMPANIES THIS GRAINING. oRAvanr FlLF: ,i{uidl "'Il eA55!Af" ! I" "I'M MUNICIPAL UTILITY EASEMENT Page 10 of 10