Heritage Industrial Park (Lot 1, Block 3 and Lot 2, Block 3) - Utility Easement 4
UTILITY EASEMENT
EASEMENT NUMBER 4
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STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS
"97 t1~Y -9 P 3 :06
COUNTY OF TARRANT 9
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THAT CRI Industrial Development, L.P. for and in consideration of the sum of one
Dollar ($1.00) cash to us in hand paid by the City of Southlake, Texak,' a municipal .-
corporation of the County of Tarrant, State of Texas, the receipt of which is hereby
acknowledged, and other good and valuable consideration including the benefits that
will accrue to our property, do hereby GIVE, GRANT, and EXTEND to the said City of
Southlake, Texas, its successors and assigns, the right to construct, reconstruct and
perpetually maintain a water line and sanitary sewer facility and appurtenances upon
and across land described as follows:
See Exhibit MA"
The easement described on the attached Exhibit M A" is a part of a certain tract of land
described by Plat of Record as shown in Volume 388-217, Page 13 and 14, Plat
Records of Tarrant County, State of Texas. Said easement across this property
comprising one part, as herein designated and described, being a permanent easement
variable in width, for the construction, reconstruction and perpetual maintenance of a
water line and sanitary sewer facility with appurtenances.
The City of Southlake, Texas shall have the right and privilege to remove and dispose
of off-site trees, brush, debris, and excess excavated material in the easements that
would interfere with access to the construction site and that would interfere with
construction of the said water line and sanitary sewer facilities.
TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of
Southlake, Texas, its successors and assigns forever, together with the right and
privilege, at any and all times to enter said premises or any part thereof, for the purpose
of constructing, reconstructing and perpetually maintaining said water line and sanitary
sewer facilities together with necessary appurtenances inside said permanent
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easement and for making connections therewith; all upon the condition that the City of
Southlake, Texas will at all times, after doing any work in connection with the
construction, reconstruction, maintenance or repair of said water line and sanitary
sewer facilities promptly restore said premises as nearly to the consideration in which
same were found before such work was undertaken, including repair of all fences that
might be disturbed or damaged in performing said work, and further upon condition that
in use of the aforesaid rights and privileges herein granted, the City of Southlake,
Texas, will not create a nuisance or do any act that will be detrimental to said premises
and that said tract will not be used by said City of South lake, Texas, for any other
purpose under this grant, except herein provided.
WITNESS OUR HANDS THIS
7
day of ~
, 19Q-Z.
CRllndustrial Development, L.P.
By: Crow Family, Inc., general partner
ames C. Hendricks' ,
Vice Pres;dent
Title:
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this
day personally appeared . James C. Hendricks , Vice President of Crow
Family Inc., general partner of CRI Industrial Development, L.P. known to me the
person(s) whose name(s) are subscribed to the foregoing instrument and acknowledge
to me that they executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated.
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DONNA L. 9ULLEDGE
tl'( CQMt.ISSlON EXPIRES
Septlriler 23. m
GIVEN UNDER MY HAND AND SEAL OF OFFICE
This the A=f~~
Notary Public in and for the State of Texas
My Commission Expires:
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CONSENTANDSUBORDmATIONOFLENDER
The undersigned, being the holder of a mortgage lien covering the property described in the
foregoing Utility Easement, Easement Number 4 in favor of the City of Southlake, hereby consents
to such easement and agrees that the lien of its mortgage shall be subject and subordinate to the terms
and provisions thereof.
Date:~ 1997
NationsBank of Texas, N.A
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TItle: _
THE STATE OF TEXAS
~
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COUNTY OF DALLAS
This i!Jst!wnenl was ~knOWledged before me on ~ I ~ , 1997, by
~ B. \ .ell ~ V of Nations Bank of Texas, N.A, a national banking
association, on behalf 0 said association.
J~ Jf . Q't~
Notary Public, State of Texas
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CONSENT OF PURCHASER
Pursuant to the Agreement to Purchase (" AP") between CRI Industrial Properties, L.P.
("Seller") and PruCrow Industrial Properties, L.P. ("PuRhaser") dated as of December 18, 1996,
Purchaser hereby consents to the foregoing Utility Easement, Number 4 in favor of the City of
Southlake by its signature below.
Date:~ 7 . 1997
Witnesses:
-~~~
~~~
PruCrow Industrial Properties, L.P., a
Delaware limited partnership
By: PruCrow, L.L.C.
By: ifL~ -If ~
Name: William H. aer n, RepresentatIve
o Executive Co . e
es C. Hendticks, epresentative of
e Executive Committee
ACKNOWLEDGMENT
STATE OF~~: /
COUNTY OF--"
BEFORE ME, the undersigned notary, personally came and appeared William H. Anderson,
Representative of the Executive Committee ofPruCrow, L.L.C., the general partner ofPruCrow
Industrial Properties, L.P., who being first sworn, did depose and say that he signed the foregoing
Consent of Purchaser in my presence and in the presence of the subscribing witnesses, and that all of
said signatures thereto are genuine and correct. t
before me this by of April, 1997.
BEFORE ME, the undersigned notary, personally came and appeared James C. Hendricks,
Representative of the Executive Committee ofPruCrow, L.L.C., the general partner ofPruCrow
Industrial Properties, L.P., who being first sworn, did depose and say that he signed the foregoing
Consent and Subordination of Lender in my presence and in the presence of the subscribing witnesses,
and that all of said signatures thereto are genuine and correct.
om to and subscribed before me this 7 day of April, 1997.
STATE OF TEXAS
COUNTY OF DALLAS
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DONNA L. GULlEDGE
MY COMMISSION EXPIRES
September 23, 2000
ACKNOWLEDGMENT Nor;;;,.' FUL ~.~::.-, ,\~'''I JERSEY
MY COMMISSION EXPIRES SEPT 2:1. 1(1'11
tary Public in and for the State of Texas
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1 PROPOSED
H . I LOT 2. BLOCK 3 fool: I,
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HERITAGE BUSINESS PARK ~
II ~ ' A REPLAT OF HERITAGE INDUSTRIAL PARK i' :
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EXlUBIT "A"
HERITAGE INDUSTRIAL PARK
UTILITY EASEMENT
EASEMENT NUMBER 4
BEING a tract of land situated in the Thomas Easter Survey, Abstract No. 474 Tarrant County, Texas, and
being in Lot I, Block 3 and Lot 2, Block 3 of the proposed Heritage Business Park addition, said addition
being a replat of Heritage Industrial Park, an addition to the City of Grapevine, recorded in Volume 388-
217, Page 13 & 14 (pRTCn and being more particularly Jescribed as follows:
BEGINNING at a Yrinch iron rod set at the north right-of-way line of Continental Boulevard (84 foot
right-of-way), said point also being on the east boundary line of a tract of land described in deed to W. Ray
Wallace, recorded in Volume 5487, Page 293, DRTCT, said point also being on the city limit line between
the City of Grapevine and the City of Southlake;
THENCE North 00 degrees 22 minutes 04 seconds West, along said east boundary line,-a distance of20.oo
feet to a point for comer;
THENCE North 89 degrees 52 minutes 56 seconds East, departin~ said east boundary line, a distance of
403.71 feet to a point for comer;
THENCE North 44 degrees 45 minutes 26 seconds East a distance of 30.05 feet to a point for comer;
THENCE North 00 degrees 22 minutes 04 seconds West a distance of 1478.99 feet to a point for comer,
said point being on the south boundary line of a tract of land described in deed to Kenneth Smith, recorded
in Volume 6282, Page 667, said point also being on said city limit line between the City of Grapevine and
the City of Southlake;
THENCE North 89 degrees 24 minutes 56 seconds East, along said city limit line, a distance of 1228.32
feet to a point for comer, said point being on the east right-of-way line of Commerce Street (60 foot rigbt-
of-way), said point also being on the south boundary line of Commerce Business Park, recorded in Volume
388-204, Page 48, DRTCT;
THENCE South 00 degrees 35 minutes 04 seconds East, departing said city limit line and along said east
right-of-way line, a distance of 15.0 feet to a point for comer;
THENCE South 89 degrees 24 minutes 56 seconds West, departing said east right-of-way line, a distance
of 1208.38 feet to a point for comer;
THENCE South 00 degrees 22 minutes 04 seconds East a distance of 1458.56 to the point of curvature ofa
circular curve to the right having a radius of 50.5 feet and whose chord bears South 33 degrees 31 minutes
38 seconds West a distance of 56.32 feet;
THENCE Southerly, along said curve to right, through a central angle of 67 degrees 47 minutes 23
seconds, an arc distance of 59.75 feet to a point for comer, said point being on said city limit line between
the City of Southlake and the City of Grapevine;
THENCE South 89 degrees 52 minutes 56 seconds West, along said city limit line, a distance of 413.59
feet to the POINT OF BEGINNING and containing 56,851 square feet or 1.305 acres of land, more or less.
I:\avo\ 15313\SL WTEM
A-2
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EXHIBIT "A"
EASEMENT NUMBER 4
NOTE: True basis of bearing is the Texas State Plane North Central Zone 4202, NAD 83 coordinate
system, adjusted from measurements taken on City of Grapevine Monuments Nos. 10 and 13. Bearings
shown on this survey are rotated 00 degrees 0 I minute 00 seconds counterclockwise from true NAD 83
coordinate system.
I:\avo\ 15313\SL WfEM
A-3
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument dated from to the City of Southlake,
County of Tarrant, State of Texas, has been duly accepted 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 recordalion of such
dedication instrument by its duly authorized officer.
DATED: ~) /1'/7
~sf5
ATTEST:
~11~
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
D197082289
SAFECO LAND TITLE
777 MAIN ST
COUNCOURSE 10
FT WORTH TX 76102
-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: SAFECO LAND TITLE
RECEIPT NO
197188011
REGISTER
DR91
RECD-BY
T021602
PRINTED DATE TIME
05/09/97 15:09
1
INSTRUMENT FEECD
D197082289 WD
INDEXED TIME
970509 15:09
CK 10093
TOT A L
DOCUMENTS: 01
FEE S:
23.00
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.
J.