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Carroll ISD No. 1 Addition (Lot 1, Block 1) - Permanent Drainage Easement ~ CITY ~OF SOUTHLAKE OVVICIAL RECQR'D PERMANENT DRAINAGE EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § That I, CARROLL INDEPENDENT SCHOOL DISTRICT, GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipality corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating DRAINAGE facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to-wit: A 20 foot wide Permanent DRAINAGE Easement containing approximately 0.078 acres, as more particularly described in Exhibit "A" attached hereto and incorporated herein. together with the rights of ingress and egress as necessary for such purposes. 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 any easements granted herein and 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 DRAINAGE 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 said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent DRAINAGE Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person. It is further intended and understood that the Permanent DRAINAGE Easement herein granted is Exhibit B to a Permanent Drainage Easement Agreement entered by GRANTOR and Terra Shady Oaks, LP, a Texas corporation. Nothing in this P Page 1 of3 Permanent DRAINAGE Easement is meant to supersede or change the referenced Permanent Drainage Easement Agreement in any way. IN WITNESS WHEREOF, this dedication instrument is executed this _ day of 20 BY: RANTOR BY: RA ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day E&rN S"u.PP *wit personally appeared C&4+(.. Ao7*#A(-0z Ee- known to me or proved to me through -Pitt is iej ~,'c cusp (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she 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 /4_t-A. day of , , 20 08. NOTARY SEAL v f W~ Notary Public, State of Texas DONNA R. HOSEA # MY COMMISSION EXPIRES S"todAr 8, 2010 U A/.4 0 S -C-x, Notary's Name (Printed) $~p~crti.6er /off 2alp Notary's Commission Expires ~20Y33q11o p. 2 ~ Page 2 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the 1y day of J L& ( 1-_, 2000, from Orro ~ etJe~ l D to the CITY OF SOUTHLAKE, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. -7-1-us SEAL D ®mo,`ieoieearroeej G. 0 Mayor, CITY OF SOUTHLA o 2 ATTEST: City Secretary AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE c/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-8016 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE c/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 1b2CT,~3)gI ~0 p. 3 16 Page 3 of 3 LEGAL DESCRIPTION - Carroll ISD - Drainage Esmt Being a tract of land situated in the Thomas M. Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas, being part of Lot 1, Block 1, of Carroll ISD No. 1 Addition, as described in Cabinet A, Slide 2555, of the Plat Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING, at the northwest comer of the following described easement, being on the east line of Shady Oaks Drive (County Road No. 3123 - Variable R.O.W.), being S00°20'40"E at 318.30' from a 5/8" iron rod found with a yellow cap on the east line of Shady Oaks Drive and the north line of said Carroll ISD Addition, said point also being N65°24'45"E at 37.38' from the southeast comer of Shady Oaks Phase 1A; Thence, N89°39'20"E, departing said east line, for a distance of 14.73 feet, to an angle point; Thence, N54°42'02"E, for a distance of 130.17 feet, to the west line of the drainage easement, as described in the Carroll ISD Addition; Thence, S01 014'13"E, with the west line of the drainage easement, for a distance of 24.14 feet; Thence, S54°42'02"W, departing said west line, for a distance of 124.20 feet, to an angle point; Thence, S00°20'40"E, for a distance of 24.28 feet; Thence, S89°39'20"W, for a distance of 20.00 feet, to the east line of Shady Oaks Drive; Thence, N00°20'40"W, with said east line, for a distance of 45.00 feet, to the POINT OF BEGINNING, containing 3,389.20 square feet of land, more or less. bV331gko P. ~l 1v I ' c Os L A - CC~ ( \~ty, 0 C, 84 6 1 ' ~1~ f 0 20 40 - I]~Y Y rt ~~~aE' 1 i SCALE r' • 40' or, Ur I ' G I E~ I ( ~ Ep4ei' 0 ~It ,qr; 5g iJ`S 4 0 \ 1 ~j N C, 0 C, N C~ - r> ) ~v Pent Of I o Beginning L l i J { M I I [16L4 ~e110/ i I I L lN£ TABL £ I I ~ I L l N89.39 20' E - 14, 73' L2 S01' 14'13'£ - 24.14' L3 500*20'40"E - 24.28' SHADY OAKS PHASE _1A L4 589.39'20"w - 20,00' Drain age Easem en t Thomas M. Hood Survey No.706 L5 Noo°2o'4o"w - 45.00' City of Southlake Tarrant Cooun ty, Texas Staneburner Land Surveying /Vovernber 1-007 I 1 Q ~ ~j 2 . CITY OF SOUTHLAKE 1400 MAIN ST STE 270 SOUTHLAKE TX 76092 Submitter: CITY OF SOUTHLAKE SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 08/2512008 08:26 AM Instrument D208331416 6 PGS $32.00 r By: III' VIII VIII (IIII VIII VIII I II VIII VIII IIII IIII D208331416 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. Printed by: BD