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TD Ameritrade Service Company, Inc. (1R1R1, Block 1) - Permanent Public Easement PERMANENT PUBLIC UTILITY EASEMENT PARCEL 15'PUE CoSL2, PART OF LOT 1 R1 R1, BLOCK 1 of the SABRE GROUP CAMPUS ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS THE STATE OF TEXAS § COUNTY OF TARRANT § TD AMERITRADE SERVICES COMPANY, INC., a Delaware corporation, 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 municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby grant, sell and convey unto the said GRANTEE a non-exclusive permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating a sanitary sewer system including underground and surface sanitary sewer facilities (the"Permanent Public Utility Easement") in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to-wit: A 15-foot width tract of land containing approximately 0.079 acres, as more particularly shown in Exhibit "A" and described in Exhibit "A" attached hereto and incorporated herein (the "Permanent Easement Property"). GRANTEE is also granted the right of ingress and egress to and from the Permanent Easement Property, but this right of ingress and egress shall not prohibit or impair GRANTOR'S use of GRANTOR'S remaining property nor the construction of any improvements thereon. GRANTEE agrees to use reasonable measures when accessing the Permanent Easement Property to avoid interference with GRANTOR'S use and activities on GRANTOR'S remaining property, and to avoid damaging any buildings, structures, fences,trees and other improvements on GRANTOR'S remaining property, and GRANTEE shall, without cost to GRANTOR, repair or replace any damage due to GRANTEE accessing the Permanent Easement Property, including damage to any improvements located upon GRANTOR'S property and shall restore GRANTOR'S property used for such ingress and egress as closely as possible to its condition prior to entry thereon. All work shall be done in a good and workmanlike manner and in accordance with all applicable federal, state, and local laws, rules, and regulations. 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 Property any temporary or permanent structures or use the Permanent Easement Property in any manner which interferes in any way the rights granted to GRANTEE herein or which is otherwise inconsistent with the rights granted to GRANTEE herein, and it is further agreed that GRANTEE shall have the right to excavate and place clean fill upon said Permanent Easement Property and to remove from said Permanent Easement Property, any fences, buildings or other obstructions as may now be found upon said Permanent Easement Property. PUBLIC UTILITY EASEMENT Page 1 of 4 A 15-foot width Permanent Public Utility Easement containing approximately 0.079 acres GRANTOR grants to GRANTEE the easements granted herein, together with the right of ingress and egress described herein and other rights conveyed herein, to have and to hold with all and singular the rights and appurtenances thereto in any wise belonging or conveyed herein unto GRANTEE, and GRANTEE'S successors and assigns, forever, and GRANTOR does hereby bind GRANTOR, and GRANTOR'S heirs, representatives, successors and assigns, to warrant and forever defend, all and singular, GRANTEE'S right and title to the said Permanent Easement Property unto GRANTEE, and GRANTEE'S 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. The Permanent Public Utility Easement, rights and privileges granted herein are non-exclusive, however, GRANTOR covenants that it will not after the date of this instrument convey any other easement or conflicting rights within the area covered by the grant to any other person other than those certain easement rights which GRANTOR has or will grant to Trophy Club Municipal Utility District No. 1 on or about the date hereof. The Permanent Public Utility Easement is subject to any liens, encumbrances, easements, restrictions, covenants, conditions, or other exceptions of record to the extent the same are valid and subsisting and affect the property. The Permanent Public Utility Easement is granted without any representations or warranty of any nature, including but not limited to any warranty of fitness for purpose or quality, and GRANTEE shall accept such easement"as is" and with all faults. PUBLIC UTILITY EASEMENT Page 2 of 4 A 15-foot width Permanent Public Utility Easement containing approximately 0.079 acres IN WIkNESS WHEREOF, this dedication instrument is executed this day of 'Ia j 20 . GRANTOR. TD AMERITRADE SERVICES COMPANY, INC. BY, JamsPion u las, Managing Director Integ' Management Office ACKNOWLEDGEMENT THE STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared James Kostulias, Managing Director, Integration Management Office, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that same was the act of said TD Ameritrade Services Company, Inc., a Delaware corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this � day 20 NOTARY SEAL , eca�rgr, Darryl C HUrYVI'Sh ey 4ry :"b ref IWC:91AfY P@DILIC; 0.31,New Not �y .... Mate 4rc14s4 y cornm�sglon Exp rare ,0�julst l5,2(V6 Notary's Name (Printed) Notary's Commission Expires I AFTER EXECUTION BY OWNER, 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: 817-748-8077 PUBLIC UTILITY EASEMENT Page 3 of 4 A 15-foot width Permanent Public Utility Easement containing approximately 0.079 acres CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the day of 1 20 , from T[} Ameritrade Services Company. Inc. to the City ofSoukh|aka. 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 i duly authorized officer. ^ SEAL Dated ' ATTEST: i � PUBLIC UTILITY EASEMENT Page 4m* | A 15-foot width Permanent Public Utility Easement containing approximately 0.079 acres ' SH 114 EXHIBIT"A" WATER AND SANITARY SEWER RELOCATIONS 15.0' PUBLIC UTILITY EASEMENT V. P. MARTIN SURVEY,ABSTRACT NO. 1015 REMAINDER OF LOT I RlRIR,BLOCK 1,SABRE GROUP CAMPUS ADDITION CITY OF SOUTHLAKE,TARRANT COUNTY,TEXAS Being a 0.079 acre(3,462 square feet) tract of land situated in the V. P. Martin Survey, Abstract No. 1015, City of Southlake, Tarrant County, Texas, and being a portion of Lot 1R1R1R, Block I of the Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Instrument No. D218087500 of the Official Public Records of Tarrant County, Texas, said Lot 1R1R1R being conveyed to TD Ameritrade Services Company, Inc. by Special Warranty Dead dated October 15, 2015 as recorded in Instrument No.D215235001 of said Official Public Records of Tarrant County,Texas, said 0.079 acre (3,462 square feet) tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap stamped"GORRONDONA" found for the intersection of the northeast line of SH 114 (a variable width right-of-way) with the northwest line of said Lot 1 R1 R1 R and the southeast line of Lot 1 R1 RZ Block 1 of the Sabre Group Campus Addition, an addition to the City of Southlake, Tarrant County, Texas as recorded in Instrument No. D215221562 of said Official Public Records of Tarrant County,Texas,said 5/8 inch iron rod with cap stamped "GORRONDONA"being the beginning of a non-tangent curve to the left having a radius of 4,738.00 feet, a delta of 02 degrees 05 minutes 50 seconds and whose chord bears South 32 degrees 56 minutes 36 seconds East, a chord distance of 173.42 feet;THENCE Southeasterly, with the northeast line of said SH 114,an arc distance of 173.43 feet to a 518 inch iron rod with cap stamped"GORRONDONA"found for corner; THENCE South 27 degrees 18 minutes 12 seconds East, with the northeast line of said SH 114, a distance of 11.02 feet to a calculated point for the POINT OF BEGINNING: THENCE North 53 degrees 41 minutes 09 seconds East, a distance of 18.26 feet to a calculated point for corner; THENCE North 77 degrees 23 minutes 10 seconds East, a distance of 220.71 feet to a calculated point for corner in the northwesterly line of a 15' Public Utility Easement granted to the City of Southlake as recorded in Volume 12180,Page 1544 of said Official Public Records of Tarrant County, Texas: THENCE South 27 degrees 02 minutes 18 seconds West,with the northwesterly line of said 15' Public Utility Easement, a distance of 19.48 feet to a calculated point for corner; (Exhibit"A")Page 1 of 4 A.,.,('GIATES,INC "V:;o N-1_"p!20 F,'�F,1-0. For'-'AIOR-H,'RXAS 76'31 131 1- ,6-11 2 I °AX 117-1 i,;-1 7�f7i PUBLIC UTILITY EASEMENT Exhibit A-Page 1 A 15-foot width Permanent Public Utility Easement containing approximately 0.079 acres THENCE South 77 degrees 23 minutes 10 seconds West, a distance of 205.13 feet to a calculated point for corner; THENCE South 53 degrees 41 minutes 09 seconds West, a distance of 17.49 feet to a calculated point for corner in the northeast line of said SH 114, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the northeast line of said SH 114 bears South 27 degrees 18 minutes 12 seconds East,a distance of 68.77 feet; THENCE North 27 degrees 18 minutes 12 seconds West,with the northeast line of said SH 114,a distance of 15.19 feet to the POINT OF BEGINNING,and containing 3,462 square feet or 0.079 acres of land, more or less. Notes: 1. A plat of same date herewith accompanies this legal description. 2. Bearings are referenced to the Texas State Plane Coordinate System, NAD- 83(2011), North Central Zone(4202). All distances and areas shown are surface utilizing a surface adjustment factor of 1.00012. May 26, 2021 Revised August 2,2022 Richard Kennedy Registered Professional Lami SurveyOr Texas No.5527 Gorrondona&Associates, Inc. Texas Firm No. 10106900 (Exhibit"A")Page 2 of 4 �;ro�R,.rr('aNa t;A..�( ..�airC•, IP,G s:°'OP> ra"d✓9 .n.�F"0. FgF;T;^;oR�f ,.x?s �i^JV V1-l16-1121 FAx•;1,'-as-l7 it PUBLIC UTILITY EASEMENT Exhibit A-Page 2 A 15-foot width Permanent Public Utility Easement containing approximately 0.079 acres EXHIBIT "A V ` J I.. iC1F.I 80 40 0 80 SCALE IN FEET OF \ pT r� \ e 1a L t2 t V�-'L1O.,p OUP N� 1.., ,.-L-3 SABRE ADDIT1 ' CARvS� 1 rtro I a s .. LEASEMENT PUBLIC ^ Nf UTILITY 1/ 4. N 7 F ^ , OF — Nlgt�,pER � L�j1:1P US ` TJ AbERITRADE SE VCESBLOCK L 13DpI .1ADITIOi COMPANY, IN` c SE )� C. 0 .-I,4,, � _ A a E . e- rh H... 1 L C P.LA.B. SH 1 14 1. 0 REMISED AUG'',G- 2, 2022 SH 114 WATER AND SANITARY SEWER RELOCATIONS 15.0' PU3'_IC U"brY F-*Ek1,EN'i 71 OWNER: TD :4,•''EREiRabE S£R''ACES CO'oa?ANY, INC. SUBMSION: R=YAINDER C, LOT 1RtI?1R. ?LOCK 1" SA?R£ GRCUP CAMPUS ADDI"t!CN LOCATION: CITY V SOUTHLAKE, MlI',NNr COJPJ (, TEX,vS EASENE^J ACQUISITION ARE4: 3,462 SQUARE FEET OR 0.079 ACRES V'iHOLE PROPER'Y ACREAGE: 75.238 ACRES CALCULA=) =1CNARD K£NNECY 00 No KHA_2104.00 ('Of+a,N F1Y 4K 0.D FILE. CO3L i5' PUE_2.. 01 0 qE S"ERED �ROFESS7CtJAL LAND SJF ErOR CAiE. MAY 23, 2021 �— I CV'��C�r A E 3 OF h I':s,a 1° PO' K0. a527 YEXA8 FIRM N, 0106,9CO GDR9CNC0�'A&A wOCIAT£S, INC.• G!700 N.E. LC'OP 6QO, SUITE Pdp FO--tT ri'irH, M 761J7 n 817-496-1M24 FAX 8!7-416-1168 PUBLIC UTILITY EASEMENT Exhibit A-Page 3 A 15-foot width Permanent Public Utility Easement containing approximately 0,079 acres E,XJI1BIT 99 A ® FIND YOVUMEN-ATION (SiH AND WPE %CTFD) CALCULATED POINT EXISTING PROPERTY/ R OHT-GF-WAY I KIE ------ EXISTING PROPMD EASFIJENT CJPVE -A3LE HORD EEAR,;NG CHCRD ARC S 32-56'36"E 17.3,42' '73,43' LINE LINE SEARING DISTANCE. 771 S 2T 18'12 1 1.02' L-2 I N 53*41'09'E 1 18.26- L-3 1 S 27'02'13"N 1 19,48' L I S 53'41'C9",V 17.49' L L-5 I S 27*1812"-z 68.77' L-6 I N 27-1812"W 1 15.19' DETAIL "A" NO- TO SCAE I A L,7AL 0' S%ME DAf-' H"2-`Njf+ A-;',OMP0-3 THG 'W. 2. OEAIIANUS WF TO ",,E TEXAS STATE PLANE COOR,1NA" M GMi CEX-,RAL ZONE -1202), SHOW, NtO 3(201T), '40 4-DST AND EAS OW, ARE SURFACE'.TL,2311;,A 5URFACZ AD.USTI,1ENT FACTOR OF I CC31? I F E F T REVISED AjG,,S'' 2, 2022 SH 114 WATER AND SANITARY SEWER RELOCATIONS 15.0' PIJSJC U-L*r1 EASEVENr O'hNER: TD AVE,JPADE S;-PldcEs llclljPANY, &.10, SUBDIMSICN: 9-:�AAIIXER CF LOT IR111R, 3LCCK 1—SABRE GROUP :XVTus ADD!-;ICN LOCATION: CV Or SOUT'rLAKZ. TAIRIA,14T CO,,Ni(, TEXAS EASEVEV ACQUISMON AREA: 3,462 SQUARE FEET OR 0.079 ACRES WHOLE I- E PROPER'" ACREAGE: 75.283 ACRES (CALOULATED' RIC "-kRD K-N',=!�:`( ,108 Ila. KHA21114.00 ID-"',m ;Y: FK I CAD FILE: C051 15 PIU! mE7S7-REO -RrFESECNAL V.N 0 SJR'l-'O,CATE: MAY 25, 2021 1 A PA" IT OF 4 1 +,O, ?K7 rrv.s nRm N, ,01 9;49rj M 'NC,- 29,10 N.E. LOOP 820, SUITE S%�O FO T hlR'�-,Tx. 76137 317-49E 1111111111111110 mannommonswimummmmm PUBLIC UTILITY EASEMENT Exhibit A-Page 4 A 15-foot width Permanent Public Utility Easement containing approximately 0,079 acres 15'PUE 2.txt 15'PUE 2 Bearing Distance N 53041109" E 18.255' N 77023110" E 220.711' S 27002118" W 19.482' S 77023110" W 205.131' S 53°41109" W 17.486' N 27018112" W 15.187' Closure Error Distance> 0.0053 Error Bearing> S 15°05'55" W Closure Precision> 1 in 92763.8 Total Distance> 496.25 0.079 ACRES 3462 SQ. FT. Page 1 PUBLIC UTILITY EASEMENT Exhibit A-Page 5 A 15-foot width Permanent Public Utility Easement containing approximately 0.079 acres