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Heritage Industrial Park (Block B) - Utility Easement 11 STATE OF TEXAS DRAINAGE EASEMENT EASEMENT NUMBER 11 FI ::-n ~ KNOW ALL MeN;SY meal: ~NTS COUNTY OF TARRANT ~ "97 11AY -9 P 3 :04 THAT CRI Industrial Development, L.P. for and in consid~~ of the sum:of one Dollar ($1.00) cash to us in hand paid by the City of Southlake~ Texas, a municipal ,\ r - -~..- - . 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 twenty (20) feet in width, for the construction, reconstruction and perpetual maintenance of a drainage 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 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 South lake. , 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 day of ~ ,19'17. By: Na 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. e"'H ::......-. ~ :*. ~: ~. ~j .... "" DONNA L. QW.EDGE tit lXMISSION EXPIRES SeplImber 23, - GIVEN UNDER MY HAND AND SEAL OF OFFICE This\he '/ ::_~ .19~J'. ~.~ Notary Public in and for the State of Texas My Commission Expires: 9-,;J~ -tn '- 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 11 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:.d/..L1-. 1997 NationsBank of Texas, N.A ~~:;~~t2E~~~ TItle: yp THE STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ "--~s iJlS\'Wl1l'lll was acknowledged before me on 4/' + , 1997, by ~ E .Tel \ borOt. --Y.P of Nations Bank of Texas, N.A., a national banking association, on be~f said association. An~ ~.~~ Notary Public, State of Texas ~,. CONSENT OF PURCHASER Pursuant to the Agreement to Purchase (" AP") between CRI Industrial Properties, L.P. ("Seller") and PruCrow Industrial Properties, L.P. ("Purchaser") dated as of December 18, 1996, Purchaser hereby consents to the foregoing Drainage Easement, Easement Number 11 in favor of the City of Southlake by its signature below. Date:~ . 1997 Witnesses: '- ?~-~ ~ ~~ ~~- PruCrow Industrial Properties, L.P., a Delaware limited partnership By: Name' ACKNOWLEDGMENT STATE OF~~' ~ COUNTY OF ~L-- 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. before me this ~ ~y of April, 1997. ACKNOWLEDGMENT KAREN L MANNING NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES SEPT 23. 19913 STATE OF TEXAS 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. to and subscribed before me this L day of April, 1997. ".1...., ,..:.;,*~.,..,.~' ..~. . . :.: :;: ~~. ..~l \fJ'......\\t....... "'"9(..,,, DONNA L. 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U ~......: co . >-....a:: .c(.n . a:: ,0 .-' ~o ~ ^.- I '- EXHIBIT" A" HERITAGE INDUSTRIAL PARK DRAINAGE EASEMENT EASEMENT NUMBER I I BEING a tract of land situated in the Thomas Easter Survey, Abstract No. 474, Tarrant County, Texas and being in Block B of the Heritage Industrial Park, an addition to the City of South lake, 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 \4-inch iron rod set on the north right-of-way line of Continental Boulevard (84 foot right-of-way), said point also being on the north line of a right-of-way dedication to the Southwestern & St. Louis Railroad, recorded in Volume 388-212, Page 20, PRTCT; THENCE North 41 degrees 50 minutes 36 seconds West, along said north right-of-way line of Continental Boulevard and departing said dedication line, a distance of 188.12 feet to a \4-inch iron rod with cap set for point of curvature of a circular curve to the left having a radius of 692.00 feet whose chord bears North 48 degrees 24 minutes 51 seconds West a distance of 158.37 feet; THENCE Northwesterly, along said curve to the left and continuing along said north right-of-way line, through a central angle of 13 degrees 08 minutes 30 seconds, an arc distance of 158.72 feet to the POINT OF BEGINNING and point for comer of a circular curve to the left having a radius of 692.00 feet whose chord bears North 57 degrees 24 minutes 42 seconds West a distance of 58.60 feet; THENCE Northwesterly, along said curve to the left and continuing along said north right-of-way line, through a central angle of 04 degrees 51 minutes 12 seconds, an arc distance of 58.62 feet to a point for comer; THENCE South 77 degrees 22 minutes 04 seconds East, departing said north right-of-way line, a distance of 180.77 feet to a point for comer; THENCE South 12 degrees 37 minutes 56 seconds West a distance of20.00 feet to a point for comer; THENCE North 77 degrees 22 minutes 04 seconds West a distance of 125.69 feet to the POINT OF BEGINNING and containing 3,040 square feet or 0.0698 acres of land, 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 01 minute 00 seconds counterclockwise from true NAD 83 coordinate system. I:\avo\ I 5313\SLSTEMNB A-2 .:".;,....... 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 recordation of such dedication instrument by its duly authorized officer. DATED: ~I Jf117 ATTEST: ~cdf;;. d2~~ AFTER FILING I 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. dell 3 D197082281 SAFE CO 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: SAFE CO LAND TITLE RECEIPT NO 197188003 REGISTER DR91 RECD-BY T021602 PRINTED DATE TIME 05/09/97 15:08 1 INSTRUMENT FEECD D197082281 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. , ~-