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Heritage Industrial Park (Block A) - Utility Easement 9 " STATE OF TEXAS ~ COUNTYOFTARRANT ~ DRAINAGE EASEMENT EASEMENT NUMBER 9 F\L.-E D . KNOW ALL ME~~~~~EP~E~:~NTS .97 M~Y -9 P 3 :05 \t THAT CRI Industrial Development, L.P. for and in consideradOH-:of the sum of one l.,. - Dollar ($1.00) cash to us in hand paid by the City of Southl~~.:!"~xas, a dmuoicipal 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 drainage facility and appurtenances upon and across land described as follows: See Exhibit "A" The easement described on the attached Exhibit "A" is a part of a certain tract of land described by Plat of Record as shown in Volume 388-212, Page 20, 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 drainage facility with appurtenances. The City of South lake , 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 drainage 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 drainage 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 drainage 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 Southlake, Texas, for any other purpose under this grant, except herein provided. WITNESS OUR HANDS THIS 7 dayof ~ ,199'J. Title: Vice President 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. ~e"'''''' !! :.~ \ ~ . j .... . DONNA L. QUU.ED8E ttf C(INSSIllN ElCPlI& SIptImbIr 23. 2000 GIVEN UNDER MY HAND AND SEAL OF OFFICE This the 7 day of ~7, ~. Notary Public in and for the State of Texas My Commission Expires: '1'-~~-~ -'"S CONSENT AND SUBORDINATION OF LENDER The undersigned, being the holder of a mortgage lien covering the property described in the foregoing Drainage Easement. Easement Number 9 in favor of the City of Southlake, hereby consents to such easement and agrees that the lien ofits mortgage shall be subject and subordinate to the terms and provisions thereof Date:~ 1997 NationsBank of Texas, N.A r:r~:~OEC;~ TItle: THE STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ '--_,__ Thii ,~t was acknowledged before me on ~ 1997, by r~ e. tl P2l"O\. VP ofNationsBank of Texas, N.A, a national banking association, on behalf of said association. ~~,~~ Notary Public, State of Texas J. '__.." ," CONSENT OF PURCHASER Pursuant to the Agreement to Purchase (" AP") between CRI Industrial Properties, L.P. ("Sdkr") and PruCrow Industrial Properties, L.P. ("Purchaser") dated as of December 18, 1996, Purchaser hereby consents to the foregoing Drainage Easement, Easement Number 9 in favor of the City of Soutblake by its signature below. Date:~ '7 . 1997 PruCrow Industrial Properties, L.P., a Delaware limited partnership Witnesses: R~ ~~~ ACKNOWLEDGMENT STATE OF ~~y ~ COUNTYO~/ 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. IL Sworn to and sub~bed before m. e thist-= day of April, 1997. _U-L--/Y /~ . otary Public in and for the State ew Jersey KAREN L. MANN1NG ACKNOWLEDGMENT NOTARY PUBLIC OF NEW JERSEY STATE OF TEXAS MY COMMISSION EXPIRES SEPT 23. 1998 COUNTY OF DALLAS 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. ~,"....,,, {~T~~~} . ~. ~ ... ~ ~ i.': . DONNA l. auumae M'f cow.tISSION EXPIRES September 23, 2OOONot m to and subscribed before me this ~/: Public in and for the State of Texas J. "...." Z A: $ ----1: W LLZ 0- > >-W 1-0.... -<I: UO::: C) . . ... - - . - - .. - .. - -../ . - r - -t- - - t --; - -i. , .. .---------... i . ~I ~I ~. I >-; ~! ui , , , , , \ , , \ \ W LL~ o <I: ~ >-:1: 1-1- -=:I Uo V) \ LLJ LLJ- \0 tnao N- Ill. .0 (n(n CO , " ~ ,~ ". ~. \~~ ~~~ ~ O~ A~A.. ~~ ,~#y '. Y.\~~ ,~~~, ", , / ~ ' / / , \ / , , \~ / ,. / I ,:1./ I . ~ I I , I I LLJ . ~ 0' , 0 . , UiY lJMIT LiNe - -if - - ~~ oz :w h~ zw -u Oz Q..w ~ ~ o u \ , ~ "" 0:: <1(- 0..0 N ...J . <:(0 Ii: 0.. . <I(~ .... ""Vl~U U::lN . 00''": ...Jzcoo:: CD-co . ",,0.. W 0' <:(...J ...0 -> 0::- w ::J: \ ... .... ... .1"'1 01/'1 z~ to OZ L+- +-0 11)0 .DL <:(+- '11) "'.0 ~<:( L . :J'" Vl~ LL Q):J +-1Il II)'Q) Oc LLlO II)'"'Q. 0.1Il E . 0:0:: \ .cia: \~ \ , , \ \ ~CI) B ~ ~ ~ ~I ~ II~;!I - wz~ . ~ ~:;5J ~I ~~~ ~ offi~ xu \ >. ;t: CI II UII) :J C C 01) L _0 oCIl+- -CI CL d;\..E IlClIlCl~e t;t;~co~.... +-~+-"';Oll 11)'011)-01) II)L.+-'O i ogcc~~ ~o~o+-g ~I"'IClOOo 1lOL.-+- CI :J .OL .cCll)~L.: +-CCOZClC' ZGl :JE !!!. .EU)L.OGl N +-oo+- OOEC II) cN 0 CI >'u) >. L"LE~'OII) OGl....:JL.c... ClC C:JO" .D~i~I)~t; ....-+- I)II)~ o~~~:co~ (I)+----+-Oo ,_c'O> 0 II)GlOGlCClo ou .o.o+- .0 Eo :JI"'I .c1lL.CCIlO ~ ~t~C)~Ec o L. 0 "'.....c_CC Z ....Zll)OIl)OZ . U) Ill' .. 0 , , \ , , \ --. ----- - --- --.-- -----------~ \ , LL.C) oz ~z z~ -C) Ow Q..m . ~ 0" .. 0 Nr- N . .(n or- N Z ;;:; LLla> UN ~o~ ...Jo.. . <:( .U ~ r- . co'": >-'1'0:: <:( &I"l . 0:: .0 ....J ~o > , ;~ EXHIBIT" A" HERITAGE INDUSTRIAL PARK DRAINAGE EASEMENT EASEMENT NUMBER 9 BEING a tract of land situated in the Thomas Easter Survey. Abstract No. 474. Tarrant County. Texas and being in Block A of the Heritage Industrial Park, an addition to the City of Southlake. recorded in Volume 388-212. Page 20 of the Plat Records of Tarrant County, Texas (PRTCT) and being more particularly described as follows: COMMENCING at a ~inch iron rod set on the south 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; THENCE North 89 degrees 52 minutes 56 seconds East, along said south right-of-way line, a distance of 90.18 feet to the POINT OF BEGINNING; THENCE North 89 degrees 52 minutes 56 seconds EBSt, continuing along said south right-of-way line. a distance of 74.05 feet to a point for comer; THENCE South 49 degrees 24 minutes 34 seconds West, departing said south right-of-way line, a distance of 58.05 feet to a point for comer; THENCE South 20 degrees 22 minutes 04 seconds East a distance of 34.00 feet to a point for comer; THENCE South 69 degrees 37 minutes 56 seconds West a distance of 15.00 feet to a point for comer; THENCE North 20 degrees 22 minutes 04 seconds West a distance of79.70 feet to the POINT OF BEGINNING and containing 2,248 square feet or 0.0516 acres, more or less. 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\SLSTEMNA A-2 CERTIFICATE OF ACCEPTANC~ 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 recordation of such dedication instrument by its duly authorized officer. DATED: '7Jt.'1~ /1'/7 ~~~ ATTEST: ~7f~ 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 D197082283 SAFE CO LAND TITLE 777 MAIN ST COUNCOURSE 10 FT WORTH TX 76102 -W A R N lNG-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 197188005 REGISTER DR91 RECD-BY T021602 PRINTED DATE TIME 05/09/97 15:08 1 INSTRUMENT FEECD D197082283 WD INDEXED TIME 970509 15:08 CK 10093 TOT A L DOCUMENTS: 01 FEE S: 21.00 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.