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Heritage Industrial Park (Lot 1, Block 3 and Lot 2, Block 3) - Utility Easement 4 UTILITY EASEMENT EASEMENT NUMBER 4 F' ::";1 __ ~.:.- ~ '-~ " T r - -\ ~ 'e.R\i.~','~', .1, c_,...,) STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS "97 t1~Y -9 P 3 :06 COUNTY OF TARRANT 9 ,- I t ~ .~ ..- ... ....- 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 --- 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. ,..It..,,~ I~~'~\ ~..: ...: . . - .. of . 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: 9"~.3 -ptj ,- :.;-.... 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 ~~~~ r2~ TItle: _ THE STATE OF TEXAS ~ ~ ~ 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 -\ .... ao-u 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 /1"~'''''~~ ~:.: ?'E . .~i i:.~\t-'. 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 '-. ~.- W LL~ 0<( -.J >-:1: 1-1- -:::J uo If) W~ UN ~d~ ;ta.U ~,.:~ GO . >-...0:: -t U"I . 0:: .0 iJ5 > , ! elT Y LIMIT LINE : N 89.24'56- E 1228.32' T - - - . .' - - - - - ~" S 89-24'56- W 1208.38' : ; , \'11, ~ ~ 1"1 1 PROPOSED H . I LOT 2. BLOCK 3 fool: I, II !. I, OF THE PROPOSED FINAL PLA T OF~ ~ ~~ I' HERITAGE BUSINESS PARK ~ II ~ ' A REPLAT OF HERITAGE INDUSTRIAL PARK i' : II I (VOL. 388-217. PG. 13 & 141 ' U) . I t . ' P.R. T.C.T. 0 ' ,I,' C) :' (/) ~II~L JNI?YSJJY.N.._ ~OlJIEY~_ _ _ _J ' L. - - - - - - -- cocO- _ -+- - ~ - _.CPROI!..6()~R.O...)- - -" - -.- - , -- . t-- - ...... .l.-.- - .. - - '- - ~. ~11~r' - - - - - - -" - - - - - - - - - - - - -., - - - - - - - - -. - - -- -II~I II ~ : II i I ~II~: gll~1 , II(\.,' N ., N INI 01 o~ 0119: zll~1 w w II :O~ \0.. \0 II ~ !z; 'P;:: ~In II i '~2' N. ~~ 11:10 ~~ 0-' 0 'Z ;vL :~~::-i ! : -,- , _ ~ -1':~---4-~ CITY LIMIT LINE ~ -----~- --':, )~~.i~~ . ~ ~ '. ',,' Q ~Cn ~, .. , ~ '.. .:~: ~Q>- , ltl r-Ol"lltl:"'N ..,,~o N . "~~":!"'''1 '\. ' .p ,/ ~~ r-Ol"l~~w , . \ . ~ v <.D ltll"lltl~U"I .."'.. ,/. CX) .." .. II II II II ID .... ~.; (/) ~ 0:: I- ..J U " N ~ 1.1.. o "" 0:: -t Q. w z -' ..... -t- -t~ii::!: -'-t..... Q.Q.VlcolS ,...,..... ::> -tVlO"'" O""ZVl~- . ~gL;:~wd~ o.....oiiiOQ.~ Q.a1w::>-t":1- o":Vlalt:-1i 0:: 0 o::N. Q......Q.WW~Q. OOOXco .....O::~I.I..,..., Q.a:0.J ~~.....~ ..... -t_ -' 1.1.. Q. o W 0:: -.J. t-' ~I :J: rl 1::. u. -t u....<':> OZ Z t-z z- -<.:> ow a...m ;:. :x:'" .....'" ~d~ VlQ.u :x: . . ~N..... ~ GO . WNO:: ~"'c:i w.J ""0 2: "" 0:: <<TOO Q.~ Vl' VlO >-wQ. . Uz .1- -t_vu I-VlO. Vl::>N..... . aJi I . 0:: lXlO:: W lXl . ~u,...,o 0::. W-' :EO :E> 0-- U .6(' .6 ~ "'v ~ .....'" \S'9, '1>-. -(6) '7 .....") ;r W LLZ 0- > >-w I-CL -<( un::: (.) .....6) "'oS' ~ oS'o ~o ~ ,/ ,/ ,/ ,/ _... ~(I) :2 ~ ~ E i !z~~ ~i ~ ~~~;ei III 1ii~5~ ~I. :i: ~~o B l. ~ ~ ~ ~ ~ II II .- ~ 5 II -'I '", i~i . -----.......--- ,.. + - U II II (I):J C C 0(1) L. .Q OCII+ a.. L:IIE CoL. 1IIIIIIIoe ~~~m~... +S+"'OIl CIl'O(I)-O(l) (I)~+'O i DOCC'O.3i: XOIIDIIO II E +0 I-...,IIO~O llCOS-:OL. ,/ ..cOlO ~ L.:',' +~gzlI't: . (I) I?1i L. :J E -~ +og: DIN E c,.. (I) ~~VOI)II(I)~ L LE>'Ovl OIl"':JLCII IIC,oC:Jg.... 'O~II~(I)IIO ..._+ (I)(I)C 0(1) - OL:JII:EO'O +--S+oL. .!!C'O> 0 (l)IIOIIClIg Ou .0.0+ .0 E 0 :J~ ..c I) L. C Cco 8 ~t~C)~Eo o L 0 "''''L:_< Z t-ZlOOlOOZ /' l. . ' '- 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 { . a;..-. 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 ~ ,~_. 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.