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Heritage Industrial Park (Block B) - Utility Easement 6 STATE OF TEXAS DRAINAGE EASEMENT EASEMENT NUMBER 6 ~ -I L. E ~~ .~.fi:~:l.'~T CO!_' . Tr 9 KNOW ALL MEN BY THESE PRESENTS .97 MAY -9 P 3 :0 COUNTY OF TARRANT 9 ~~'j= . 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, Texas, a mdriicipal 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 "An The easement described on the attached Exhibit "An 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 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 South lake, 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 perfonning 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 ~ ,19Q1. Titl 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~. ,:; :.:....~~ {~ rj " ':.s:: ." ....' Ii lXHM L 6UI.1..EDGE Jt'f ~SSOI EXPIRES ~ 23. 2DOO GIVEN UNDER MY HAND AND SEAL OF OFFICE Thislhe 7 dayo~91. ~. Notary Public in and for the State of Texas My Commission Expires: f'-~.3-ihJ ~ 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 6 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 ~~*~~~ TItle: THE STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ This instrument ~~ acknowledged before me on ~ 1997, by ~ndr{)v E .1tII~ ' __~.v ofNationsBank of Texas, N.A, a national banking association. on be of said association. ~ h<Gvw 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 6 in favor of the City of Southlake by its signature below. Date: ~ "7 , 1997 rruCrow Industrial Properties, L.P., a Delaware limited partnership Witnesses: ;frb ~~ es C. cles, epresentative of he Executive Committee ACKNOWLEDGMENT STATEOF~~ ' COUNTY OF .. ev 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. ~6l efore me this ~day of April, 1997. STATE OF TEXAS COUNTY OF DALLAS dLL~ No ary Public in and for the State of New J<A EN L MANNING ACKNOWLEDGMENT NOTARY PUBLIC OF NEW JERSEV MY COMMISSION EXPIRES SEPT 23, I~ 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. worn to an~s bscribed before me this L day of April, 1997. DONNA L. GULLEDGE ct:/ ~ COttNSSION EXPIRES ~ . SeplBmber 23, 2000 tary Public in and for the State of Texas W LLZ o- w ;= > >-W . 0 \.0, f-CL LDr- Or:- , 1"'1 ' 1"'1 _<1: N. 1"'1. U 0::: LDO .r- l.) O"I~ ex:> Z LLO OZ Z ~Z Z- -0 OW a.... 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(/) +- -.- +- 0 0 _c"O> 0 (/)IDO<DC<DU Ou .o.O+- .0 EO :ll""l !:Q)LCCm ~tti<':>~ECl L 0 "'.....!: _ <( I-ZIIlO(/)OZ EXHIBIT" A" HERITAGE INDUSTRIAL PARK DRAINAGE EASEMENT EASEMENT NUMBER 6 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 Southlake, recorded in Volume 388-212, Page 20 of the Plat Records of Tarrant County, Texas (pRTCn and being more particularly described as follows: COMMENCING at a ~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 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; TIlENCE North 89 degrees 52 minutes 56 seconds East, along said city limit line, a distance 640.76 feet to the POINT OF BEGINNING for the herein described tract of land; / TIlENCE North 89 degrees 52 minutes 56 seconds East, continuing along said city limit line, a distance of 170.37 feet to a point for comer; TIlENCE South 19 degrees 43 minutes 00 seconds West, departing said city limit line, a distance of77.37 feet to the point of curvature of a circular curve to the right having a radius of 70.00 feet and whose chord bears South 28 degrees 58 minutes 00 seconds West a distance 22.50 feet; THENCE Southerly, along said curve to the right, through a central angle of 18 degrees 30 minutes 00 seconds, an arc distance of 22.60 feet to the point of tangency of said curve; TIlENCE South 38 degrees 13 minutes 00 seconds West a distance of 50.86 feet to a point for comer; TIlENCE South 52 degrees 58 minutes 15 seconds West a distance of 10.19 feet to a point for comer on a circular curve to the left having a radius 692.00 feet and whose chord bears North 57 degrees 49 minutes 25 seconds West a distance of 110.59 feet, said point being on the north right-of-way of Continental Boulevard; TIlENCE Northwesterly, along said curve to the left and said north right-of-way line, through a central angle of 09 degrees 10 minutes 00 seconds, an arc distance of 110.71 feet to a point for comer; TIlENCE North 00 degrees 07 minutes 04 seconds West, departing said north right-of-way line, a distance of 79.37 feet to the POINT OF BEGINNING and containing 16,539 square feet or 0.380 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 01 minute 00 seconds counterclockwise from true NAD 83 coordinate system. 1:\avo\ 15313\SLDFWB 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: ATTEST: ~_@;L~ ~71~ cm 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:\word\forms\inslrume.ded 3 D197082287 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: SAFE CO LAND TITLE RECEIPT NO 197188009 REGISTER DR91 RECD-BY T021602 PRINTED DATE TIME 05/09/97 15:08 1 INSTRUMENT FEECD D197082287 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. -~,