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J.W. Chivers Survey, Abstract No. 350 (Lot 1A) - ROW OFFICIAL RECORD CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT STATE OF TEXAS § COUNTY OF TARRANT § For and in consideration of the sum of thirty-seven thousand one hundred ninety three dollars ($37,193.00) in hand paid by the City of Southlake, Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration, including the benefits that will accrue to my property, I, JOHN M. SHELTON ("Grantor"), of Tarrant County, Texas, as the owner of that certain tract of land in Tarrant County, Texas depicted by metes and bounds description in Exhibit `B", attached hereto and incorporated herein for all purposes of this dedication, and as more particularly described by drawing as set forth in the "Drawing of Exhibit A", attached hereto and incorporated herein for all purposes of this dedication, do hereby dedicate same to the City of Southlake, Tarrant County, Texas for the use and benefit of the public as a perpetual right-of-way and easement for the passage and accommodation of vehicular and pedestrian traffic, and the construction, operation, use, maintenance, inspection, repair, alteration, and replacement of a paved road within the boundaries of the right-of-way and easement area, and for all other purposes for which a public street and right-of-way is commonly used, including installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across, and under said right-of-way, and including but not limited to all such uses permitted by the Laws of the State of Texas and the Ordinances and Charter of the City of Southlake, Texas. TO HAVE AND TO HOLD said right-of-way and easement unto the City of Southlake, its successors and assigns, and GRANTOR(S) hereby bind(s) itself (themselves), its (their) successors and assigns to warrant and forever defend, all and singular, said premises unto the City of Southlake, its successor: and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. 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 any temporary or permanent structures, and it is further agreed that the City of Southlake shall have the right to excavate and fill upon said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. GRANTOR reserves to himself, his heirs, representatives, successors and assigns all of the oil, gas, and other minerals in and under and that may be produced from the right-of-way and easement. The mineral interest shall include the right to any lease bonuses, rentals, the right to execute oil, gas, and other mineral leases. The mineral interest SHALL NOT include the right to access or develop the mineral interest from the surface of the right-of-way and easement. GRANTOR agrees to not allow drilling for minerals from the surface of the right-of-way and easement. It is further intended that the permanent right of way and easement herein granted to the City of Southlake shall run with the land and forever be a right in and to the land belonging to GRANTOR, and ~LUq d JLFV 154 Pge 1 of 3 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 right-of--way and 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. IN WITNESS WHEREOF, this dedication instrument is executed this day of BY: GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF ~CU rCL1/l BEFORE ME, the undersigned authority in and for TW f&VAj- County, Texas, on this day personally appeared ~fDN In SSVte l i-0 V\, known to me or proved to me through 6111 v vs 1 I ceyise (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 day of CtVUl , 20()l. NOTARY SEAL A01 AAA, Public, State f Texas C0 (I CaF6n CARRIE COFFIN N ,~`ar►;;'~., Notary's Name (Printed) Notary Public, State of Texas My Commission Expires sepfember 23, 2009 S~Pf, -beY 23 2009 -yo Notary's Commission Expires ~ 2D~ibl ou~~ 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 qt-h day of 20q, from John n] LUeLtn to the CITY OF SOUT LAKE, 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. Dated SEAL Mayor, C Y SOUTHLAKE ay, ° i ° j y" JA T F ATTEST: g b~ ° &hICity Secretary e~4~a vc9° AFTER EXECUTION BY GRANTOR., PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Engineer 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-8077 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 1bMumq Page 3 of 3 r ~QYko~a ~ ~ v W, .0 sue' i f !nic0 o O % co cD I CL IMA3nans Sd f ( z b 3Sb8 0 N18V38) M I .6 Z 021 ! ~+Q s^ M ,rSS,8S °c:0 W~ ° v W 1 - 1 - ~ Off. 01 1 1 z 1 1 = F.Qj Q i f L 1 i' Quo ► 1=' I m<< 1 { = 1 =w~ 1 M I wQL. 3 O 1 1 aq 0 LLFL to N l 00 co - r I U) o Z V7 - ~ ~ s c H ~ ti 1 o .n Z O U U to l I _V; zam co O 2W Q a~ I ~ m .m m m m~ 1 ° 1:: j a° m ~ Cc :g h i U • O (A O m m cP 1 ! m v IP.<§ v W c r m - Y W ! U) r 1012f0 ~`E i I SO d °z7 M I fl in•~ SSZ 30dd 'BZOPt 3Mn7OA f f 00 its o ; i O~ui In any 3XV7N1nOS 30 All.? w ~ om Viol 10V2I1 f f Z q i j 1S CaS ✓V~bq c)4 . r EXHIBIT "B" 21,047 SQUARE FOOT RIGHT-OF-WAY DEDICATION BEING a portion of a 2.783 acre tract of land out of the J. W. Chivers Survey, Abstract Number 350, conveyed by deed to John M. Shelton and Bobbie Jeanne Shelton in Volume 4400, Page 846, Deed Records, Tarrant County, Texas, (DRTCT), and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2" iron rod, capped "LANDES", at the most easterly northeast comer of said Shelton tract; THENCE South 03 degrees 58 minutes 55 seconds West, along the east line of said Shelton tract, a distance of 180.29 feet to a set 5/8" iron rod for the POINT OF BEGINNING; THENCE South 03 degrees 58 minutes 55 seconds West, continuing along said east line, a distance of 46.68 feet to a point for dedication comer in the south line of said Chivers Survey, same being the south line of said Shelton tract; THENCE South 89 degrees 48 minutes 04 seconds West, along said south line, a distance of 432.81 feet to a point for dedication comer in the east line of a tract of land conveyed by deed to the City of Southlake in Volume 14028, Page 255, Deed Records, Tarrant County, Texas; THENCE North 00 degrees 08 minutes 48 seconds East, along said east line, a distance of 50.35 feet to a set 5/8" iron rod for dedication comer; THENCE South 89 degrees 42 minutes 01 seconds East a distance of 435.92 feet to the POINT OF BEGINNING and containing 0.483 acres or 21,047 square feet of land more or less. P•\SOUTHLAKEV1778\SURV EY\Est-ROW 106-Shehon2.doc l~ Z~gD ~ O~~I p 5 D ~ t r •yf•y•yyr.~ ..ice 4 y 4 ; J; CITY OF SOUTHLAKE * t 1400 MIAN ST STE 270 *.too* 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 Registratio 01/14/2009 02:10 PM Instrument D209010454 R 6 PGS $32.00 By: D209010454 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: MC