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A-706 (Runyan) CITY OF SOUTHLAKE DRAINAGE EASEMENT THE STATI~ OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That (I) (We), it) l- or and in consideration of the sum of Ten ($10) Dollars and other good and valuable c nsid ation in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTH LAKE, Grantee herein, of Tarrant County, Texas a permanent and perpetual drainage easement for the purpose of constructing and maintaining said drainage improvements upon, over, across and under that land in Tarrant County, Texas described as follows, to-wit: Being a permanent drainage easement described as follows: See Exhibit "A" for graphic depiction; See Exhibit "B" for metes and bounds description; together with the right of ingress and egress as necessary for such purposes. Such permanent casements shall include the right to enter for purposes of maintaining the drainage improvements upon such property, but Grantee shall replace any fences, improvements, or other fixtures upon said property without cost to Grantor. or current owner thereof, and shall restore the property, the subject of the permanent easement, as nearly as possible to its condition prior to entry thereon. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and I/We do hereby certify that I/We are the owners of the property described herein and bind myself/ourselves, Illy/our heirs and assigns, to warrant and to forever defend all and singular the premises unto the ~aid Grantee, its successors and assigns, against every person whomsoever lawfully claiming or tc claim same or any thereof. EXECUTED this the e:fl3 day of ~ , 19..2...1 THE S TATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT E, the u dersigned authority, on this day personally appeared known to me to be the person(s) whose name(s) is/are suDscribcd to e foregoin instrument, and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office on this the23 day of ,J fA L Y , A.D. 19f.J My commission expires: P'/-/L/-03 Accepted by [he City of Southlake, this the ~ day of ~,A.D. 1919. BY:~~ CitYOf~~'" RETURN DOCUMENTS TO: GRANTOR GRANTEE City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 I- Z w 2 w Cf) <( w w (9 <( ::: Z <(- - <( - 0: ~O -I- coz -w IZ X<( W~ w Q. CI) CD L o o Q) W~~ czo ..... w · ~:::EO W ... (/) . O<(+- NW'f- . cwO" WC)CI) (/)<( OZtO 0.......0") 0<(0 a:: a:: · LLo..CN a.. - -:2~.~ ..... - -1-- 0 V)O <(" wO N w o S - o N a , (/)' ~! I ~iil ~S~i ~~~I ~wl ~I w ~ ::I: .., o ..; ..... .... $I 8~ I&. . ;1;'5 ......& ... ..... 1-0 V)<: wo ~N ~ .... S ~ 1M ..: ~ ~ ..: !......: g~e !I! ~~ i~~g fi >- ifl~ ~ a:: :::E<t ~ a& ~ <0- 1!IJ "'( ).... :J:Z ~ ~j as ::::, a::w i -I Q::; .h. =:l:::E 0:._ ~. 01- (..) ow ~ (~ )....~ h.. -.J h.Q:: u,j . ~ ~. w Q)~ l:::l~ .g"08 :! ~I'<) jgJ6 ~ "'(~ ~ Q... ~~i~ ! ~ . "'(I'<) ~ )....c) ~ht ] ~...... '2) ::::''''- Q::. ~ -....J j;liL 1 .C) @ ~~ ).... @ u:> -....J ~il t @o -....J ...... ~ ~ t 1 "%~ Q) . !dt J ~ @>> ~ ~ @ "% t:=' , 'I >ij II.i'I"J :iI'l :"\ Iii 11111 Exhibit 'B' Being a 0.04R acre tract of land in the Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, and being a portion of a tract conveyed to Billy W. Runyan etux Betty .J. Runyan, as recorded in Volume 7103, Page 636 (D.R.T.C.T.) and being more particularly described as follows: BEGINNING at a 1/2" iron pin found for the southeast propel1y corner of said Runyan tract; THENCE WF-:ST, along the south property line of said Runyan tract, for a distance of 20.00 feet to a point for a corner; THENCE NORTH, for a distance of 104.81 feet to a point, said point being in the north property line of said Runyan tract; THENCE E^ ST, along the north propel1y I ine of said Runyan tract, for a distance of 20.00 Ice I to a 1/2" iron pill l'ound for the northcast property corner of said Runyan tract; THENCE SOUTH, along the cast property linc of said Runyan tract, for a distance of 104.81 rect to the POINT OF BEGINNING, containing O.04R acres, more or less. (j\OO 1-240\240-1 (;1, I doc May 12. )9<)9 --.." RELEASE This Release is executed by Billy W. Runyan and Betty J. Runyan ~hereinafter referred to as "the Runyans"), on behalf of the City of Southlake, Texas hereinafter referred to as "South lake"), and Carroll I ndependent School District (hereina er referred to as "CISD"). WHEREAS, the Runyans allege that their property located at 979 Shady Oak Drive, Southlake, Texas 76092, more particularly described as that certain tract of real 1X0perty conveyed to the Runyans as recordea in Volume 7103, Page 636, Tarrant County Deed Records (hereinafter referred as the "Subject Property"), has been and continues to be damaged by water drainage/flooding problems as a result of the construction and building by CISD of Durham Elementary School and the 7, 8, 9 (unnamed) middle school on 8roperty adjacent to the Subject Property (hereinafter referred to as the "Occurrences '); and WHEREAS, the Runyans allege that Southlake approved the design and plat of the school properties allegealy causing the Occurrences on the subject property; and WHEREAS, the Runyans have made demand upon Southlake and CISD for damages for past and future Occurrences on the Subject Property; and WHEREAS, the parties to this Release desire to settle and compromise all disputes and claims eXisting between them, and desire that the full terms of said compromise and settlement De set forth in this Release; NOW THEREFORE, in consideration of the premises and the promises and covenants set forth herein, the parties agree as follows: 1. The Runyans hereby acknowledge the receipt of $15,000.00 as the consideration paid for fhis Release and all obligations arising out of this Release, including the execution of the easement described below. 2. Contemporaneous with the signing of this Release, the Runyans shall execute a 20 foot wide public drainage easement on the subject property for and on behalf of South lake. 3. The Runyans have this day released, acquitted, and forever discharged, and by these presents do hereby release, acquit and forever discharge Southlake ana CISD, their agents, servants, employees, representatives, board members, council members, officers, directors, insurance carriers, successors and assigns, and all other persons, corporations, boards, associations or entities, natural or corporate, in privity with any of them, from any and all claims, demands, damages, losses, costs, and causes of action of any kind whatsoever, which the Runyans have or might have, known or unknown, now existing or that might accrue hereafter, arising from or to arise from any act, evenl, omission, or transaction related to the Occurrences. RELEASE PAGE 1 of 3 CSA-CARR.DOC <'_ ~,........_.A._.p."__,,....'_'_.'" ,_.~__.___~_,"_..,~,__..,,~_,._., It is the intent and purpose of this Release that at no time will any of the r?arties hereby released be called upon to pay any further sum or incur any further expense, obligation or other liability to the Runyans arising out of or predicated upon the Occurrences. It is expressly understood and agreed that any payment of money, delivery of property, or release given is not an admission of liability or responsibility by any party; all such liability being expressly denied. The parties warrant that they are competent in every respect to enter and execute this Release, and that each has fully read and understands this Release and the promises and covenants contained nerein. It is understood and agreed that this Release shall be binding upon and inure to the benefit of the respective parties, their legal representatives, successors and assigns. It is understood and agreed that this Release contains the entire agreement between the parties hereto and supersedes any and all prior arrangements, agreements, or understandings between the parties relating to the subject matter hereof. This Release may not be modified except by a written Instrument subsequently signed by the parties hereto. This Release shall be governed, construed, and enforced in accordance with and subject to the laws of tfie State of Texas. IN WITNESS WHEREOF, the undersigned have executed this Release as of the date of their respective acknowledgments below. 4. 5. 6. 7. 8. 9. By: ,,~~~ ACKNOWLEDGMENT STATE OF TEXAS S COUNTY OF TARRANT ~ BEFORE ME, the undersigned authority, on this day personally appeared Billy W. Runyan, known to me, (or proved to me on the oath of or through [description of identity card or other document]) to be the person whose name is subscribed above, and affirmed that he has executed the above and foregoing Release for the purposes and consideration therein expressed and with full authority to so act. GIVEN UNDER MY HAND AND SEAL OF OFFIC RELEASE PAGE 2 of 3 CSA-CARR. DOC .____,'_.H. ,"__,., __~_._,__....__,.."_,____.....,._____~_,_,_.._~.~_______~ BY~~~ etty. n~ ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT ~ 9 BEFORE ME, the undersigned authority, on this day personally appeared Betty J. Runyan, known to me, (or proved to me on the oath of or through [description of identity card or other document]) to be the person whose name is subscribed above, and affirmed that she has executed the above and foregoing Release for the purposes and consideration therein expressed and with full authority to so act. GIVEN UNDER MY HAND AND SEAL OF OFFI y 1999. RELEASE PAGE 3 of 3 CSA-CARR.DOC D199198426 CITY OF SOUTHLAKE 667 N CARROLL AVE 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 199351761 REGISTER DR96 RECD-BY I PRINTED DATE TIME 08/05/1999 09:12 1 INSTRUMENT FEECD D199198426 WD INDEXED TIME 19990805 09:12 CG TOT A L DOCUMENTS: 01 FEE S: 21.00 B Y: x - 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.