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A-1134 (300 Convent) OFFICIAL RECORD ,f\ , \ \ CITY OF SOUTHLAKE DRAINAGE EASEMENT THE STATE OF TEXAS S S COUNTY OF TARRANT S KNOW ALL MEN BY THESE PRESENTS That, 300 CONVENT STREET CORPORATION, a Texas corporation, GRANTOR herein, for and in consideration of the sum ofTen ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual non-exclusive easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating drainage and utility facilities in, into, upon, over, across, under and through all that land in Tarrant County, Texas, containing approximately 1,804 square feet, and described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein, together with the right of ingress and egress as necessary for such purposes. Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under the permanent easement granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the permanent easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and privileges granted therein are non-exclusive. Additionally, GRANTOR does hereby grant, sell and convey to GRANTEE a contiguous temporary construction easement for a period of one (1) year for the purpose of installing utilities in the above described permanent easement, said temporary construction easement being a 10-foot wide temporary construction easement on all sides of, and immediately adjacent to, the above-described permanent easement. The temporary construction easement shall include the right to excavate and fill upon the temporary construction easement, but GRANTEE shall replace any fences or other fixtures upon the temporary construction easement without cost to GRANTOR, and shall restore the property which is subject to the temporary construction easement as closely as possible to its condition prior to entry thereon. TO HAVE AND TO HOLD the above described permanent non-exclusive easement with the right of ingress and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors and assigns, forever, and the above described temporary construction easement for the term described, and GRANTOR does hereby bind himself, his heirs, successors and assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under GRANTOR, but not otherwise. This grant of easement is made expressly subject to (i) any and all easements, rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Tarrant County Real Property Records or which an on-the- ground inspection would reveal, and (ii) any encroachments, protrusions, taxes, and/or zoning, platting or other governmental requirements that affect the land. Notwithstanding any provision herein to the contrary, GRANTOR reserves for itself, its successors and assigns, the right to install, repair, maintain, alter, replace, relocate and operate utilities, driveways and parking areas in, into, upon, over, across and under all land described herein, provided that such installation, repair, maintenance, alteration, replacement, relocation or operation does not interfere with any drainage or utility facilities within the permanent easement and is performed in accordance with all ordinances and regulations of GRANTEE. 536968.1/SP3/45696/0171/061199 IN WITNESS WHEREOF, this instrument is executed this 1.L day of June, 1999. GRANTOR: 300 CONVENT STREET CORPORATION, a Texas corporation ~ By: Name: Title: ~ / . .... J~1'Q ACKNOWLEDGMENT STATE OF'fl!fLg -/Ve~y j~;2.h LA/~~tc-4.t?~{ ~ COUNTY OF T:.IIDO IT ~ BEFORE ME, the undersigned authority, on this day personally appeared T. /Z,?b M4- (.} 0 , known to me to be the person whose name is subscrib)(d to the foregoing instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. (A GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /1. da .0 ~t: L Notary Public in and for The State of +-- A-,1?~ My Commission Expires: Typed or Printed Name of Notary ALAN R. WOlFfRi ~ Public, Slate of N"w York No. 4502278 Qualified in Westchc$t", County CommiNion Expires September 30, 19 rt RETURN TO: CITY OF SOUTHlAKE OfFICE OF CITY SECRETARY 1725 EAST SOUTHlAKE BOUlEVARD SOUTHLAKt TEXAS 76092 :i36968.1/SP3/45696/0171/061199 EXHIBIT A DRAINAGE EASEMENT BEING a tract land situated in the James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and being a portion of that certain tract of land as described in Correction Special Warranty Deed from MTP-IBM Phase II and III Joint Venture to 300 CONVENT STREET CORPORATION as recorded in Volume 13247, Page 317 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found in concrete at the intersection of the northerly right-of- way line of Dove Road (variable width right-of-way) with the westerly platted right-of-way line of Kirkwood Boulevard, (110 foot wide right-of-way at this point) as established by the Kirkwood Hollow, Phase I, an addition to the City of Southlake as recorded in Cabinet A, Slide 4537 of the Plat Records of Tarrant County, Texas; THENCE, North 00 degrees 25 minutes 42 seconds East, departing the northerly right-of-way line of said Dove Road, and along the platted westerly right-of-way line of Kirkwood Boulevard a distance of 243.06 feet to a 5/8 inch iron rod found with cap stamped "Huitt-Zollars" for a comer and being the beginning of a curve to the left having a central angle of 33 degrees 59 minutes 40 seconds, a radius of 1,778.00 feet and being subtended by a 1,039.51 foot chord which bears North 16 degrees 34 minutes 08 seconds West; THENCE, continuing along the said westerly right-of-way line of Kirkwood Boulevard and along said curve in a northwesterly direction, an arc distance of 1,054.91 feet to a 5/8 inch iron rod found with cap stamped "Huitt-Zollars" for a comer at the end of said curve; THENCE, North 33 degrees 33 minutes 58 seconds West, continuing along the said westerly right-of- way line of Kirkwood Boulevard a distance of 481.33 feet to a 5/8 inch iron rod found with cap stamped "Huitt-Zollars" for a comer and being the beginning of a curve to the right having a central angle of 08 degrees 16 minutes 06 seconds, a radius of 2,101.00 feet and being subtended by a 302.93 foot chord which bears North 29 degrees 25 minutes 55 seconds West: THENCE, continuing along the said westerly right-of-way line of Kirkwood Boulevard and along said curve in a northwesterly direction, an arc distance of 303.19 feet to a 5/8 inch iron rod found with cap stamped "Huitt-Zollars" for a comer at the end of said curve; THENCE, North 25 degrees 17 minutes 52 seconds West, continuing along the said westerly right-of- way line of Kirkwood Boulevard a distance of 200.00 feet to a 5/8 inch iron rod found with cap stamped "Huitt-Zollars" for a comer, and being beginning of a curve to the left having a central angle of 08 degrees 18 minutes 07 seconds, a radius of 1,424.00 feet and being subtended by a 206.15 foot chord which bears North 29 degrees 26 minutes 55 seconds West; THENCE, continuing along the said westerly right-of-way line of Kirkwood Boulevard and along said curve in a northwesterly direction, an arc distance of 206.33 feet to a 5/8 inch iron rod found with cap stamped "Huitt-Zollars" for a comer at the end of said curve; THENCE, North 56 degrees 24 minutes 01 second East, departing the westerly right-of-way of Kirkwood Boulevard and along a platted northwesterly line of Kirkwood Hollow, Phase I, a distance of 43.28 feet to the POINT OF BEGINNING, and being beginning of a non-tangent curve to the left 1 of 3 J:\SURVEY\21 &7\17\wp\utilesmt4.DOC 5/12/ 1999 ..__.., "......--......~_,.,.,~._, "'____ ,_....__.MOO',_._ having a central angle of 02 degrees 19 minutes 30 seconds, a radius of 1,467.28 feet and being subtended by a 59.54 foot chord which bears North 34 degrees 45 minutes 44 seconds West; THENCE, departing a platted northwesterly line of said Kirkwood Hollow, Phase I and along said curve in a northwesterly direction an arc distance of 59.54 feet to a point for comer; THENCE, North 54 degrees 04 minutes 30 seconds East, a distance of 30.00 to a point for comer, and being beginning of a non-tangent curve to the right having a central angle of 02 degrees 19 minutes 30 seconds, a radius of 1,497.28 feet and being subtended by a 60.76 foot chord which bears South 34 degrees 45 minutes 44 seconds East; THENCE, along said curve in a southeasterly direction an arc distance of 60.76 feet to a point for comer on said platted northwesterly line of Kirkwood Hollow, Phase I; THENCE, South 56 degrees 24 minutes 01 second West along said platted northwesterly line of Kirkwood Hollow, Phase I, a distance 30.00 feet to the POINT OF BEGINNING and CONTAINING 1,804 square feet of land, more or less. BASIS OF BEARINGS: The final plat of Kirkwood Hollow Phase I, an addition to the City of Southlake, Texas as recorded in Cabinet A, Slide 4537 of the Plat Records of Tarrant County, Texas. For Huitt-Zollars, Inc. ~~ ~ I, ~/ I ~ Eric J. y' 'udy ~ <-- Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 3131 McKinney Ave. Suite 600 Dallas, Texas 75204 Tele. (214) 871-3311 Date: May 17, 1999 2 of 3 J:\SURVEY\2 187\1 7\wp\utilesmt4 DOC 511211999 NOll V:JIQ30 AVM- ..:lO-lH81~ 03S0dO~d .'4---- ~n. _.__ _________ ----- ~~..~" ~._.._-. UJ <0 00 , co ~o r'lZ o~;;; . UJ Z ?J"-l..... .....-l>- . -...J Vl 0. ..... ;-1-o~ )>r'l ~..... UJO ~o 0'1:;0 -0 ;0 ..., ~ U'I " 00 I = c- -:;0 -to 1z N;;o 00 Fo )>..., ;;00 VlC oz )>0 -0 r rrI C) rrI Z o ",-f> ~<) /.' ~0.~ -..A ~ -10 U'c- .-' 'IOL- ~0- .-" 0 c;') ;0 ~> ." n :!: n "'Vl gn -> r ".. '" -0 0 ;P~~I !~I !tJ~ ~'C ~~ c.o~' c.o. ::t1e , It m ~1 8 . .,,0 ;. I: lID ~~' -=~ Qlel ..... b..... U1n \~ iin~~ ....,.. 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'-I Vl O. -t Z~"U:;O eN CJI' )> [TI o~ G)[TI '0 rrI--t o~ 0" ,,0 "eN ~ 0 o -...J;;o :u (') ~ \ '\, ,,' \.' -. ~ PI 0 "=0- OO)>AJ~' 0(1))>0 ~l"1-"tl ~zo Ul .....> . zn~ :'1....(1'\ 0 tz:l D199180057 CITY OF SOUTHLAKE 1725 E SOUTHLAKE BLVD SOUTHLAKE TX 76092 -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: CITY OF SOUTHLAKE RECEIPT NO 199328229 REGISTER DR96 RECD-BY I PRINTED DATE TIME 07/15/1999 16:09 1 INSTRUMENT FEECD D199180057 WD INDEXED TIME 19990715 16:06 CG TOT A L DOCUMENTS: 01 FEE S: 17.00 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. ,,-......-...',.. "---~., ._. .",~~.. .=~"--,_.,.._,,,-,~ ,._....-"-~-~ .~..""'~_. "'-',.