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Heritage Industrial Park (Block A) - Utility Easement 14 UTILITY EASEMENT EASEMENT NUMBER 14 t-.', ::=-;J ~ ;'{ .~ S .. 1',' f' .~,.." ',e.R;~'" ~~ \ .,(. STATE OF TEXAS 9 KNOW ALL MEN BY THESE PRESE~TS .97 t't~'{ -9 ? }'.GB COUNTY OF TARRANT 9 l'ln .\ ~ ,- 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~) rex-as, 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 South lake , 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 "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 five (5) feet 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 I reconstructing and perpetually maintaining said water line and sanitary sewer facilities together with necessary appurtenances inside said permanent . ...._._. ,.__.,..,~. .._.._ .~.___~." ._._____.~..._._"._~....---,....~-=,~,-.-----.--.----.-.-'~-'~__..,_ .;.-.,_,;,.,;.."._,.. ,_d.._ ___._~._""," easement ahd 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 Southlake, Texas, for any other purpose under this grant, except herein provided. WITNESS OUR HANDS THIS 7 dayof ~ ,1997 . CRllndustrial Development, L.P. By: artner By: Name: 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. ~........~..... ~". ~.. . . :.: ~~ \~'::.' :} "'.Tn.' DONNA L. GULLEDGE MY eot.MSSlON EXPIRES SeplBmber 23, 2000 GIVEN UNDER MY HAND AND SEAL OF OFFICE This~e~ j~~~. Notary Public in and for the State of Texas My Commission Expires: '?-,')3-n ...."~".. .___,....,..-'.'h".. ,.,.___~.~. ,...".,._._ _.._~_~_..........~,__........-.,.._~ ..~._-~...",..,,,..,,. ._.".,...."-"~--~,,..- -_. 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 14 in favor of the City of Soutblake, hereby consents to such easement and agrees that the lien ofits mortgage shaD be subject and subordinate to the terms and provisions thereof Date:#J.1-. 1991 NationsBank of Texas, N.A By: ~ c'~ Name: 6' A TItle: V P THE STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ ,,__LThis.instrument was acknowledged before me on ~ 1997, by ~ f _ lei \~, --Y.F' ofNationsBank of Texas, N.A., a national banking association. on beb;ifuf said association. ~\'" ~ ~ Notary Public, State of Texas ...__.. ._~ ~"~.,_,__.,,."~_^w...............,__,._,.,_._.,~.~..-_._.__..,-=_...~ . 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 14 in favor of the City of Southlake by its signature below. Date: ~ 1 .1997 Witnesses: p;Y~ ~ ~~~~<V~~/ PruCrow Industrial Properties, L.P., a Delaware limited partnership By: By: Name: By: Name: t ACKNOWLEDGMENT 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. _ u" !;t. Sworn to d s~ before me thi~ z..-.:day of April, 1997. iiL-P1-:;{ /~ ary Public in and for the State ofNe Jersey 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 7 day of April, 1997. STATE OF TEXAS COUNTY OF DALLAS "'~\'~'" .~~,.~ r{. tJ '~""\ .' -'~,9f..,,' DONNA L. GUlLEDGE ~ COMMISSION EXPIRES September 23, 2000 ACKNOWLEDGMENT KAREN L. MANNING NOTARY PUBLIC ('F NEW Jfl"~!:." MY COMMISSION EXPIRts SEf.:-r ., d,1998 _.......__~"..~ .__'''''.~_ _._ ,d.....w.._'__......_____ _---.--....,_~~ ,.___w,~., ."_"~_"_"~,,,,,,_.___,,___,,,,,,~,__,,_,,"_~""""""'_' z --:r$ ~ \ ,~ \, ..~ \ ~. ,~ " ~Yi '. au 0 //\ 1l'~ ' / '^ \9.~ /' /.... " 1\, ~ , / I' ./,' \, / /' ,/ \ ~~' '. 'J> ,~,~ '- Ir~ '~ 4l.( \ ___________;/.t/s '- -- ---, - -,--- ,-~ r~'a \ ._________, V*'tll::l '-: , J J 1 W LLZ 0- > >-w 1-0- _<:I: ua::: C) , . , I wi zl ~j t-I ~I :=il I >-' t-! <::>1 ! i I i i I . w · . I u) . r U").. i .. 0' Nol ltl. o U") , en I co ., :~I 1.' ~ d' , . I -:G: i.. !!. ... - ...--....-.. -,... CIT Y LIMIT LINE \ . , .,,- ,... v ...... 01J'l Z:! to OZ L~ ~o U)o .oL oc{~ "U) "'.a ~oc{ 5>- Vl~ LL Q)::J ~Vl U)Q) Oc Wo U)Q. OVl E . 00:: \ .ca: v- \ \ \ W LL~ o <:I: --.-J >-I 1-1- -=:l uo IJ) :.:: a: oc{- 11.0 N -' . oc{~ oc{ ~ a. . ~ . r- :.::Vl~U U::lN' 00''"": -,zeoa: m-eo . w,..,a. ~. <[.J r-O -> 0::- W :r ~!~ ~I I :s: ~ ~ ~ II II t: ~5~ III x ~~gd x w -'C)u.. 5~o ffi~ xu \ ,.. ~ - Q) I) U II.) ::J 6 Cg-lOJ:; _ 0_ I) Q.. LI)E COL I) Q)I)I) 010 ~~Jl:m I)....L 000 " ~c~ . Vl~ lO~g: I/)L~ - oOc-g". XOl)ol)Jl: I)OE ~g ~.....I)O 0-0 ClOL-~ tl ::J.OL J:C1I1.)I/)LI) ~<C(oo ~ ZI)ZI)Ce !l -EII.)L51) N ~o ~ 012 E C ,.. 0 I/) Cv 0 I) I) I/) ,.. L LE>"II.) o I)....::JLC... I)C C:JOw .0 0" 0 lO o~o Ntl2i 4D ...._~ lOlI)C 011.) - OL::JI)i:O'O ~-.E~oL !lc"> 0 1I.)1)01)C4D00 Ou _a.o~ .oJ:i~c:J..... W 1)~~C).SIlO ~ :JLIO OEo o L 0 >>....J:_<C( Z ~ZII.)OI/)OZ \ , , ~ \ . V N.. \ .. u) 0_ , ltl 0 \)Ou) , ltl \ =. =. =. _ _ ~ ~0022'04. E 893.85' " (/) - - - . - -= :--N "00022'04.' W- - . -89-r.1\8' - - . - - - - - - 1.J....r- oz W t-~ zw -u Oz a....w ~ ::E o u .., Wa- UN <(. -I<':>~ -' a. . <( U ~~..: eo . rva: <( '" . a:: . 0 .-' ~O > EXHIBIT "A" HERITAGE INDUSTRIAL PARK UTILIlY EASEMENT EASEMENT NUMBER 14 BEING a tract ofland situated in the Thomas Easter Survey, Abstract No. 474 and the P.R. Splane survey, Abstract No. 1453, 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 Yz-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 15.00 feet to the POINT OF BEGINNING; THENCE North 89 degtees 52 minutes 56 seconds East, continuing along said south rightJof-way line, a distance of 5.0 feet to a point for comer; THENCE South 00 degrees 22 minutes 04 seconds East, departing said south right-of-way line, a distance of 893.85 feet to a point for comer, said point 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 South 53 degrees 50 minutes 24 seconds West, along said dedication line, a distance of 6.16 feet to a point for comer; THENCE North 00 degrees 22 minutes 04 seconds West, departing said dedication line, a distance of 897.48 feet to the POINT OF BEGINNING and containing 4,478 square feet or 0.103 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\SL5EM A-2 ,_. ...__."', __ .__. ,~_",.""~"~,~,__,._""",.,_~"_",~,,,,,,,,,__,_.,_,O'-,_,,-,^_~.._"...~_."....._,_.;-'O__~,..~..,~.,~.,. -.,.,',_......~..~..,."'~." 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: ~fJ /117 ATTEST: ~~ ~il~ CI71' SECRETARY AFTER FILING, PLEASE RETURN TO: GRANTORS GRANTEE City of Southlake c/o: Sandy LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 f: Iwordlformslinslrume.ded 3 D197082295 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 197188018 REGISTER DR91 RECD-BY T021602 PRINTED DATE TIME 05/09/97 15:09 1 INSTRUMENT FEE CD D197082295 WD INDEXED TIME 970509 15:09 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. ;"'.-'~".. ..'_ ~,.~_.. ~<=-..._._......~_,,~, .~.___.~~'_ .,>>__.__...,.~_-"-..........___~M'__"'~"'~_''''''"'.~'~' ,__.._".."",......,;_~