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A-686 (FM1709/Shady Oaks) OFFICIAL RECORe: \5 ~/J \)Vi PARTIAL RELEASE OF EASEMENT Release of Easement is given to be effective this . ~ day of , 1996, by the CITY OF SOUTHLAKE, TpXAS, (hereinafter referre to as "Southlake"), for the purpose of removing from the record title the temporary construction easement rights hereinafter described as to that certain parcel of real property situated in Tarrant County, Texas, (hereinafter referred to as the "Land"). RECITALS (1) Whereas, FM l709-SHADY OAKS, LTD., a Texas limited partnership, (hereinafter referred to as "Owner") is the owner of the Land which is more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes; and (2) Whereas, portions of the Land are subject to easement rights granted by Owner to Southlake by that certain Permanent Utility Easement and Temporary Construction Easement dated February 14, 1995, filed of record on February 27, 1995, recorded in Volume 11890, Page 531, of the Tarrant County Records of Tarrant County, Texas, (hereinafter referred to as the "Easement Instrument") for the purpose of installing, repairing, maintaining, altering, replacing, relocating and operating the 15 foot wide utility easement (hereinafter referred to as the "Permanent Easement") and the 35 foot wide temporary construction easement (hereinafter referred to as the "Temporary Easement") described therein; and (3) Whereas, the utility facilities contemplated by the Easement Instrument have been constructed, installed, fully completed and accepted, therefore, the Temporary Easement is no longer necessary or required by Southlake. NOW, THEREFORE, for good and valuable consideration, including the acknowledgment by Owner that the property within the Temporary Easement has been restored as nearly as possible to its condition prior to entry thereon, the receipt and sufficiency of which are hereby acknowledged, Southlake does hereby release, relinquish and discharge all of its right, title, interest and easement rights in and to the 35 foot wide Temporary Easement described in the Easement Instrument, and does hereby declare the Temporary Easement fully released and discharged with respect to the Land. The Permanent Easement described in the Easement Instrument is not released and remains for all purposes in full force and effect. Page 1 of2 12336 1542 "M'''d''.._.,_,~"'_'_'' .,--.-,.". ..-...-.".-.--........-.-- ,'-,...-._~.,-'-".>..,.. <~."._----_.__.~ .^.',.,-....,,-.,...~ .-.,------- EXECUTED effective as of the year and date first above written. THE STATE OF TEXAS } COUNTY OF TARRANT } 1996, by of the CITY OF S corporation. . ":~~~v~'r ~Yl~ . N~ary Public, ~tate of Texas ,) . 'andrlL AI. /..,tJ6-rAn~ NOIilly''J.t:r~ qje My comni.issi n e:kpires SANDRA L LEGRAMD NOTARY PUBLIC State of Texas Comm. Exp. 02..()4.97 RETURN TO OFFICE OF THE CITY SEeR!: CiTY OF SOUTH LAi~;: 66/ N CARROLll\\/F SOUTH LAKE. TEXAS 7(:"'::"1 Page 2 of2 12336 1643 .__."....__....._.,...-...,_"".. __~.. ..__.,n'_..__..">'..._.,..,"______......-~._,._.. EXHIBIT nAn TRACT I BEING a traCt ofland situated in the LittlebctT)' G. Hall Survey, AbstraCt No. 686, City ofSouthlakc, Tarrant County, Texas, and being a part ora tract of land conveyed to Marion Gribble Truelove, Individually and as Independent Executrix of the estate of J. P. Truelove, trustee as recorded in Volume 9667, Page 2315, Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a P.K. nail set at the intersection oCme north right-of-way line ofF.M. Highway 1709 (a variable width right-of-way). and the ccntcrline ofSbldy Oab Drive; THENCE N 05 degress 43 minute3 04 seconds W, aloog the ccntcrline of said Shady Oaks Drive, a distance of 236.64 feet to a P.K. nail set for a comer; THENCE S 88 degress 57 minutes 44 seconds E, leaving the centerline of said Shady Oaks Drive,. distanee of 780.64 feet to a 112-inch iron rod Set on the west line of a lX'Oposcd drainage euement to the City of Southlake; TIJENCE S 24 dcgress 39 minutes 58 seconds E, along the west line of said proposed drainage easemcn~ a distance of29.18 feet to a 112-inch iron rod set It the begjnt'ltl\g ofa curve to the right having a central angle of22 degrees 56 minutes 11 scc:ouds, a radius of 270.00 feet aDd. tangent of 54.78 feet; . t'. . . 1lIENCE in a Southeasterly direction along the west line of said pfoposcd drainage ~t md along said curve to the righ~ 111 U'C length of 108.09 feet to . 112-iDch iron rod let It the cod of said curve; lliENCE S 01 degress 43 minutes 47 ICCOnds E, along the west tiDe of said poposeci draiDaae casement, a distance of 104.76 feet to a 112-inch iron rod set on the DOrth right-of-way 1iDc ofl8id P.M. Highway 1709 for a comer, mENCE N 88 degrcss S7 minutes 44 seconds W, along the north right-of-way line ofsaidoF.M. Highway 1709. passing at 769.49 feet a 112~inch iron rod found on the east right-of-way liDo of Slid C)bady Oaks Drive and continuing for a total distance of 796.92 feet to the POINT Of BEOJNN1NO and CONTAINING 4.3107 acres of land. of which 0.1465 acres of land lies in the riaht-of-way of Shady Oaks Drive. Exhibit "A" - Page 1 of 2 12336 1644 .......... .~....._~~..._. "'-_.'" '- .",....~,..,..._,----......._- -_...._~....'. .".-., _.~. --,'" ,._~._-~-,- '~'-"'-'''''''' "'"",,._'~-" .---,--..... TRACT 2 BEING a tract ofland situated in the Littlebel'Tj' G. Hall Survey. Abstract No. 686. City ofSouthlake~ Tarrant County, Texas~ and being a part ofa tract ofland conveyed to Marion Gribble T1l1elove~ Individually and as Independent Executrix of the estate of J. P. T1l1elove~ trustee as recorded in Volume 9667, Page 2315, Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGiNNING at a II2-inch iron rod set on the north right-of-way line ofF.M. Highway 1709 (a variable width right-of-way)~ said point being S 88 degress 57 minutes 44 seconds E, a distance of 907.05 feet from the centerline of Shady Oaks Drive said point also being on the east right-of-way IiDe of a proposed street to the City of Southlake; THENCE N 01 dcgress 43 minutes 47 seconds W, along the east right-of-way line of said proposed stree~ a distmce of 110.08 feet to a Ill-inch iron rod set at the begjnning of a cum: to the left havin& a central angle of 19 degress 24 minutes 09 seconds, a radius of 380.00 feet, and tangeat of 64.96 fed; TIIENCE in a Northwesterly direction along the east right-of-~y line of said proposed meet, III arc length of 128.68 feet to a Ill-inch iron rod set at the end of said curve; TIiENCE S 88 degress 57 minutes 44 seconds E, a distance of273.58 feet to a 11l-iDch iron rod set for a comer; "TIIENCE SOl degress 33 minutes 31 seconds E, passing at 68.76 feet a Ill-inch iron rod fbuDd at the northwest comer of Lot 1, Block 1~ Wondlsmd Hills RSU~ an addition to the City of Soadhl"'l> as recorded in Cabinet ~ Slide 608~ Deed Recon!s ofTamnt County, Texas, ad coatinuina aloac the west line of said Woodland Hills RSU Addition for a total distance of 223. 15 feet to. 112-iDch hoD md found on the North" right-of-way IiDc of said F.M. Hiahway 1709. said point abo t~ tbc t-. :'b.:.. of a non-tangent curve to the right having a central qle of 0 1 dcgress 55 U?m~ 30 ~ . radius of 5659.58 feet, a ~ of 95.08 feet, and a chord bearing aad distance ofS 87 dcarea 23 minutes 42 seconds W~ 190.14 feet; THENCE in a Southwesterly direction along the north ri&ht-of-way line of said F.M. Highway 1709 and along said curve to the right, 8D arc length of 190.15 ff;:d to a IJ2-inch ilon roJ fouDd at the eDd of said curve; TIIENCE N 88 degress 57 minutes 44 seconds W. along the north right-of way line of said F. M. Highway 1709, a distance of 60.97 feet to the POINT OF BEGINNING and CONTAINING 1.3538 acres of land. Exhibit nAn - Page 2 of 2 12336 1645 _... "-.-,,.... ,.-.-.,. -,_..~.,,~~----. --'''-'.''-'' D196075791 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY I N D E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D E R SON -- COUNTY CLERK OFF I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO 196175200 REGISTER RECD-BY PRINTED DATE TIME DR92 T003957 04/19/96 14:06 1 INSTRUMENT FEECD D196075791 WD INDEXED TIME 960419 14:06 CG TOT A L DOCUMENTS: 01 FEE S: 15.00 B Y: ~ 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. 12336 1646