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Heritage Industrial Park (Block B) - Utility Easement 1 UTILITY EASEMENT EASEMENT NUMBER 1 F--1L..EJ ~R\"A.W~:":-'J\ ~".'T ~t l~"""" I I '-,' --.' '- STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS .97 MAY -9 P 3 COUNTY OF TARRANT ~ :', Ij 7 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 Grapevine, Texas, a murii~Jfal 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 Grapevine, Texas, its successors and assigns, the right to construd, reconstrud and perpetually maintain a water line and sanitary sewer 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 trad 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 construdion, reconstrudion and perpetual maintenance of a water line and sanitary sewer facility with appurtenances. The City of Grapevine, 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 construdion site and that would interfere with construdion 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 Grapevine, 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 Grapevine, 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 Grapevine, 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 Grapevine, Texas, for any other purpose under this grant, except herein provided. WITNESS OUR HANDS THIS -; day of ~~ , 19..:tZ By: e' 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE This the 7 day of ~ ,1997 . ~~,~, Notary Public in and for the State of Texas ~~~~" ~~ "vr..~ DONNA L. GUlLEDGE MY COf.MSSION EXPIRES September 23, m1 My Commission Expires: '7-.,;J .3 - tJ?J - ~ CONSENT AND SUBORDINATION OF LENDER The undersigned, being the holder of a mortgage lien covering the property described in the foregoing Utility Easement, Easement Number 1 in favor of the City of Grapevine, 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. By: ~e~ Name: ,6'~ Title: THE STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ <::'-. , Tl.!is iQi~ru~ent \~as acknowledged befo~e me on ~\'-t , 1997, by ,-UWU r- - €f ~ ofNatlonsBank of Texas, N.A., a national banking association., on behal of said association. JA~ n Qw Notary Public, State of Texas CONSENT OF PURCHASER Pursuant to the Agreement to Purchase (" AP") between CRI Industrial Properties, L.P. ("SeDer") and PruCrow Industrial Properties, L.P. ("Purchaser") dated as of December 18, 1996, Purchaser hereby consents to the foregoing Utility Easement, Easement Number 1 in favor of the City of Grapevine by its signature below. Date:~ 1, 1997 Witnesses: PruCrow Industrial Properties, L.P., a Delaware limited partnership ~~~ ~~ STATE OF ~~JERSEY. j COUNTY~_../ 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 t and s.ub~n~ed before Djle this ~ day of April, 1997. ..~XA~ otary Public in and for the State New Jersey KAREN L. MA.NNING ACKNOWLEDGMENT NOTARY PU8L1C OF ;'J'":"'f }Erlse'r' STATE OF TEXAS MY COMMISSION EXPIRt;:S SEPT 2;), I~j COUNTY OF DALLAS ACKNOWLEDGMENT 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 ~ day of April, 1997. d . . . .~---ti . .tt ,~,......, DONNA L. GULlEDGE ,'I'( COMhtSSION EXPIRES Sept8mber 23, \,~,'~II"II# f~~'~\ -..~"'- ~:..~M '~-s....~~.- ,..w....' DONNA L. GULLEDGE M'f COMMISSION EXPIRES Sept8mber 23, 2000 "" et: ~o '" -' . <lCl L aJ a: 0- --: --! 1-"';, \ N, ""Vl_~ ~N >- u=>"'1- ;"1") 00 I . W N ' ~ -,zeoao \ '0 U aJ:~O- . 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"'u ~ V1 _ . u::J"'1- 00 I . -.JzO'JO:; aJ-ooO- W'" o . <l-' 1-0 -> 0::- W I ,.., WfJ' UN <I . . ~Ul-- -' a.. ' <I U ~ r-: 1--" 00 . >-'TO:: <l In 0 0:: . -' ~; .~ V r- V . ,.. O~ Z~ +-0 gz L+- +-0 l/Jo .cL <t'+- -l/J ^.c Q).<t > - L>. :JQ) lI)> L L Q):J +-lI) l/J.Q) O'c W'O UJQ. Oll) E . 00:: .co.: I- \ II ..... ~ 0~ 2 2i~ fil ii -10 8 ~, i N ! ~, I!! Ii ;I i ! i =t=S i ~CI) ~~ ....o..w z..J.... W~W t ~a:z <{ w....- t CI) CI) > .... C'{:J ~ m wOC'{ I ~~~ ~ :::iwu.. ~~o a:~ ~u W I- o Z ^ +- Q) ul/J :J ~ C 0Il/J;: o oE ~ c.. C~L~ Q)alalal~L +-+-':<:Q)u'+- 000 +-E+-nOal VlUl/J-O!!2 l/J6+-uu~ ooccal.:<: Xoalo+-o Q) E 0.2 I-,..alo+-o alQJ5-':0~ .cOVl~L+- +-<tOZalCE ZQ) L:J Vl -EVlOO+-al ._~ +- OVl OIN E ~ ^ Vl ^ EveE~UVl Lal'+-:JLCQ) Oc c:Jo+- alOUOVlOO .cN~:::!;Vl~E '+-OVlal- U OL:JC.cOL +- -.- +- 0 0 VlCU> 0 iiialoalcoQ)o Ou .0. +- .c Eo :J,.. .cCllLCCa:> al+-+-<.:l~E :J L L) 0 0 L 0 ^~ .c _ <t I-Zl/JOUJOZ \ \ \ - - ~ EXHIBIT" A" HERITAGE INDUSTRIAL PARK UTILllY EASEMENT EASEMENT NUMBER I BEING a tract ofland 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 Yrinch iron rod set on 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 South lake; THENCE North 89 degrees 52 minutes 56 seconds East, along said city limit line, a distance 457.25 feet to the POINT OF BEGINNING for the herein described tract ofland; THENCE North 89 degrees 52 minutes 56 seconds East, along said city limit line, a distance of 47.75 feet to a point for comer; THENCE South 00 degrees 22 minutes 04 seconds East a distance of 3.21 feet to the point of curvature of a circular curve to the left having a radius of 30.00 feet and whose chord bears South 0 I degrees 50 minutes 09 seconds East a distance of 1.54 feet; THENCE Southerly, along said curve to the left, through a central angle of 02 degrees 56 minutes 10 seconds, an arc distance of 1.54 feet to a point for comer, said point being on a circular curve to the right having a radius of712 feet and whose chord bears South 58 degrees 24 minutes 18 seconds East a distance 405.91 feet; THENCE Easterly, along said curve to the right, through a central angle of33 degrees 07 minutes 25 seconds, an arc distance of 411.62 feet to the point of tangency of said curve; THENCE South 41 degrees 50 minutes 36 seconds East a distance of 191.71 feet to a point for comer, said point being in the north line of a right-of-way dedication to the Southwestern & St Louis Railroad, recorded in Volume 388-212, Page 20, PRTCT; THENCE South 58 degrees 21 minutes 12 seconds West, along said dedication line, a distance of20.32 feet to a Vrinch set iron rod for comer, said point being on the said north right-of-way line of Continental Boulevard; THENCE North 41 degrees 50 minutes 36 seconds West, departing said dedication line and along said north right-of-way line of Continental Boulevard, a distance of 188.12 feet the point of curvature of a circular curve to the left having a radius of 692 feet and whose chord bears North 60 degrees 12 minutes 52 seconds West a distance of 436.20 feet; THENCE Westerly, along said curve to the left and continuing along said north right-of-way line of Continental Boulevard, through a central angle of 36 degrees 44 minutes 33 seconds, an arc distance of 443.76 feet to a point for comer; THENCE North 00 degrees 22 minutes 04 seconds West a distance of 13.97 feet to the POINT OF BEGINNING and containing 12,789 square feet or 0.294 acres of land, more or less. 1:\avo\15313\GVUTEMB A-2 ~ EXHIBIT" A" EASEMENT NUMBER I 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. l;~((~ ~~~~"}.:^. ~:~~~.. /. '. '.. ,- "~ . "J:t!::.\ ,.)~~~,,',~>. ... "';\~~ tJ... . ';;,~r .:::{ ~;. J ~. ;:~,... \'~Vft.o-':~::' :1' \-: '. V ":1,' . . ""I " ;;oj I .........k>. ~~?1~ '3(;-11" 7 1:\avo\15313\GVUTEMB 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 aU 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: !J14.1f ~ /117. r::lE~ A TIEST: ~i~ CITY SECRETARY AFTER FILING, PLEASE RETURN TO: GRANTORS GRANTEE City of South lake c/o: Sandy LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 f: \ word\forms\insrru me .ded 3