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Georgetown (Lot 2, Block 1) - Permanent Common Access, Drainage, and Utility Easement (7 OFFICIAL RECORD CITY OF SOUTHLAKE PERMANENT COMMON ACCESS, DRAINAGE, AND UTILITY EASEMENT STATE OF TEXAS: KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT: That Georgetown Monticello Partners, Ltd. (Grantor) for and in consideration of the sum ofTen Dollars ($10) and other good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, seli and convey to the City of Southlake, Grantee herein, of Tarrant County, Texas a perpetual common access, drainage, and utility easement in, into, upon, over, across and under that land in Tarrant County, Texas described as follows, to wit: See attached Exhibit "A" TO HAVE AND TO HOLD said easement unto the City of Southlake, its successors and assigns, and Grantor hereby binds itself, its successors and assigns to warrant and forever defend, all and singular, said premises unto the City of Southlake, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The terms of this dedication shall run with the land and shall be binding upon and insure to the benefit of the City of Southlake and its successors and assigns. WITNESS MY HAND this d-J" -ill day of hktrJcy ,1997. By: \ Th9mas J. Wouters, Vice President of the General Partner \J/\ .... .. (). i ~ealty Capital Partners II, Inc. / r 1t~1)1{1J UA) ~ Grantor ST ATE OF TEXAS COUNTY OF TARRANT BEFORE ME the undersigned authority, on this day personally appeared ~ WIJ<A1-er5 , Owner, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein stated. Given nnder hand and seal n(office t~h~5!iday of ,~ ' 1997. y NO 4P~ SUZANNA LOFTIS ;*I'....A.\~\ NOTARY PUBLIC \~"::..~i~! State of Texas ~~;/ Comm. Exp. 07-21-2001 COMMON ACCESS, DRAINAGE & UTILITY EASEMENT 6EING 0.59 acres of land situated in the T. EASTER SURVEY, Abstract No.4 7 4, T arrant County, Texas and being a portion of a tract conveyed to Georgetown Monticello Partners, Ltd. as recorded in County Clerk's file number D196186656 and a portion of a tract conveyed to Georgetown Monticello Partners, Ltd. as recorded in County Clerk's file number D197132158 and being more particularly described as follows: 6EGINNING at a point in the south line of East Southlake Boulevard (F.M. 1709) from which the northeast corner of Lot 1, Block 1, Georgetown Park as recorded in Cabinet A, Side 3434, Plat Records, Tarrant County, Texas bears N 70 47'12" W, 139.56 feet; THENCE: S 70 47'12" E along said south line for a distance of 48.28 feet; THENCE: S 0001'38" W for a distance of 82.59 feet; THENCE: N 70 47'12" W for a distance of 139.74 feet to the beginning of a curve to the left having a radius of 24.00 feet and a chord which bears S 54 36'34" W, 39.13 feet; THENCE: southwesterly along said curve for an arc distance of 45.74 feet; THENCE: S 0000'20" W for a distance of 482.83 feet to the beginning of a curve to the left having a radius of 24.00 feet and a chord which bears S 4513'35" E, 34.08 feet; THENCE: southeasterly along said curve for an arc distance of 37.89 feet; THENCE: N 89 32'29" E for a distance of 139.48 feet to a point in the west line of a tract conveyed to Emily Shanklin as recorded in Volume 8718, Page 748, Deed Records, T arrant County, Texas; THENCE: S 0001'38" W along said west line for a distance of 27.00 feet; THENCE: S 89 32'29" W for a distance of 200.08 feet; THENCE: N 00 04'06" W for a distance of 215.00 feet; THENCE: S 89 59' 40" E for a distance of 23.19 feet; THENCE: N 00 00'20" E for a distance of 386.39 feet; THENCE: S 7047'12" E for a distance of 97.79 feet to the beginning of a curve to the left having a radius of 24.00 feet and a chord which bears N 6412'38" E, 33.94 feet; THENCE: northeasterly along said curve for an arc distance of 37.70 feet; THENCE: N 1912' 48" E for a distance of 27.00 feet to the POINT OF BEGINNING and CONTAINING 0.59 acres. Job No. 970509 CONSENT For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Robert G. Lyford ("Lyford"), the holder of a lien evidenced by that certain Deed oftrust and Security Agreement dated as of September 6, 1996 (the "Deed of Trust"), recorded in Volume 12517, Page 0754 of the Deed of Trust Records of Tarrant County, Texas, (i) consents to the execution of this Permanent Common Access, Drainage, and Utility Easement (the "Easement"), and (ii) subordinates the lien evidenced by the Deed of Trust (including any other liens held by Lyford) to the terms and provisions of this Easement, it being understood that this Easement shall survive foreclosure of such liens, including the lien ofthe Deed of Trust and that any sale of the property, covered by the Deed of Trust, at foreclosure will be made subject to this Easement. ) / J Ct--I~ Robert G. Lyford ST ATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared k~ G. ~ ' Owner, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein stated. Given under my hand and seal of office this the \ \ 1"--- day of ~ ~ ~ 1997. 4-~ cf( v1\~ NOT ARY PUBLIC IN AND FOR THE STATE OF TEXAS ~~~;~Tf"v;;;;:\ KAREN K. MULLINS t ~.. i Notary Public, State of Texas \ ",~." i My Commission Expires \(~~to.'f;.~~/ June 14 2001 .........-' I - --....... :::::_ ,-SIl' 8.L 81 --- . ~-~- ---- Lot 1, Block 1 Georgetown Pork Cabinet A, Slide 3434 PR.T.C.T. N 89'59'40" E 23.19' CURVE INFORMATlON R=24.oo' o L= 45.74' C= 39.13' C.B= S 54'36'34" E R=24.00' €I L= 37.89' C= 34.08' C,B,= S 45'13'35" E (0 R=24.00' L= 37.70' C= 3194' C.B= N 64'12'38" E L --....... S 89'32'29" W t 7 Gordon Nettleton V,3938, P.117 Approved Preliminary Plot Lot 2, Block 1 Georgetown Pork Georgetown Mon ticello Partners, Ltd. County Clerk's File Nom 96186656 3/4~ I.P.F. S 00'01'38" W 27.00 200.M' ...., Ol oi Ol Emily Shanklin Vol. 8718 p, 748 Georgetown Monticello Partners, Ltd. County Clerk's File No.01961B6656 File No.D197132158 EXHIBIT ~1N6 Common Access Drainage c Ulilil~ Easement . ~5' ASSOCIATES 5UR'/EYORSINC. SGole. 1"= 100' LDM CflOSO=t 5150 RUFE SNOlii DRIVE"SUITE 110 " FORT \I'lORTH, TEXAS 16180 " LOCAL (ell) 514-1300 · METRO (ell) -Me-3511 " FAX (1711) 656-4403 CERTIFICA TE OF ACCEPTANCE This is to certify that the interest and re 19ro en conveyed by this dedication instrument dated5E~Z~ /99 7 from ' _ to the City of Southlake, County of Tarrant, State of Texas, has been u y acceptea subject to all terms and conditions contained therein by resolution of the City Council adopted the day of , 19_, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. DATED: -M lA, IlJ'Jf ATTEST: \\1"""1111111/11 ~"\,\\\ 0 F So 11111III #r::\ 'l _..~..J.J /' ~ ~~ .....~.... ~ ~\("~ i \y~ a \",~ :: im: - I.~ - - - - - :: \ "-' ;: ~ ~ ~~ ~.... /.i""'~ ~... ..,......._~:-T~ ~.. ...........-. ~ ~ ~ ..........,,, -;J "".... "'" \\\\\ 111111111I111111\ ~~ MA YO . OF SOUTHLAKE ~YL~ CITY SECRETARY AFTER FILING, PLEASE RETURN TO: GRANTORS GRANTEE City of Southlake c/o: Sandy LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 f: \ word\forms\ inslrume .ded 3 D198033889 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 198121099 REGISTER DR91 RECD-BY T008322 PRINTED DATE TIME 02/20/98 14:43 1 INSTRUMENT FEECD D198033889 WD INDEXED TIME 980220 14:43 CG TOT A L DOCUMENTS: 01 FEE S: 17.00 B Y: v 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. -- ,....,._,_.."".,..'"_.,-"..."...~~....-,--.._'-