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Shady Oaks Phase 1A (Block 5) - Water, Sewer and Drainage Easement Shady Oaks Phase 1A CITY OF SOUTHLAKE Utility Easement No 3 WATER, SEWER AND DRAINAGE EASEMENT THE STATE OF TEXAS § C COUNTY OF TARRANT § That I, Terra Shady Oaks, L.P., 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, 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 WATER, SEWER AND DRAINAGE facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to- wit: A 50-foot wide Permanent WATER, SEWER AND DRAINAGE Easement containing approximately 0.025 acres, as more particularly 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. 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 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 WATER, SEWER AND 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 WATER, SEWER AND 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. IN WITNESS WHEREOF, this dedication instrument is executed this 24th day of March, 2008. 1I zb?339849 / b U Terra Shady Oaks, L.P. a Texas Limited Partnership By: Terra Shady Oaks GP, L.L.C. a Texas limited liability company Its: General Partner By: Bobby Harrell Executive Vice resident G GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the u sig ed uth rity 'n and for a'd County, Texas, on this day personally appeared ,known to me to be the person whose name is subscribed to the foregoing dedication instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~41::'~Iay of 2008. N TARY PUBLIC AND FOR E STATE OF TEXAS-'" - - !i `'FP(elKIM HENNIGAN Notary Public, State of Texas My Commission Expires I °~fni~Ea~~ April 13, 2011 Typed or Printed Name of Notary My Commission Expires CERTIFICATE OF ACCEPTANCE This is to certify that the~ipterest and real property conveyed by this dedication instrument the day of 2008, from ~rra aS L• P to We CITY OF SOUTHLAKE, has been duly accepted su ject 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 Mayor, CITY OF SOUTHLAKE ATTEST• eR n• % City Secretary a • • h itBdd J~. A y` ,\\1~ a®'@@@:@@@619\\4 AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE c/o Cristina McMurray 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8099 Fax: 817-748-8077 AFTER FILING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE c/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 ~2oB33q~~q ~ ~ ~ Exhibit A LEGAL DESCRIPTION - Utility Easement No.3 (Whittington Place) Whereas, TERRA/ SHADY OAKS, L. P., a Texas Limited Partnership, is the owner of a tract of land situated in the Thomas M. Hood Survey Abstract No. 708, in the City of Southlake, Tarrant County, Texas, being part of a 72.734 acre tract as described in County Clerks File No. D206217962 of the Deed Records of Tarrant County Texas, and being more particularly described as follows; BEGINNING, on the south line of Shady Oaks Phase 1A, being N84°25'25"W at 962.00 feet from the southeast comer of Phase 1A, also being on a non-tangent to the right, with a central angle of 01°16'59", and a radius of 825.00 feet; Thence, departing the south line of Phase 1A and with said curve to the right, for a distance of 18.48 feet; Thence, N89°20'50"W, for a distance of 50.00 feet, being on a non-tangent to the left, with a central angle of 01 °31'34", and a radius of 775.00 feet; Thence, with said curve to the left, for a distance of 20.64 feet, to the south line of Shady Oaks Phase 1A; Thence, N73°23'40"E, continuing with said south line, for a distance of 15.22 feet; being on a non-tangent to the left, with a central angle of 10°08'23", and a radius of 204.57 feet; Thence, continuing with said south line and said curve to the left, for a distance of 36.20 feet, to the Point Of Beginning, containing 1,087.42 square feet or 0.025 acres of land, more or less. OF c• sro auFM 4416 14~ .f s«009 s 1111 3- 2¢-08 ~ 2033 O A ~ Exhibit B 5 18 aye 1 A o(5 0 20 40 ro l 1 SCALE N - 40 S U1 z 0 11 Z COS m SHERWOOD DRIVE C~"n 1 PO/NT OF BLOCK 5 COS ~2~ „C3 BEGINNING N~ ~v L1 CURVE TABLE CURVE NO. DEL TA RADIUS LENGTH LP g62 ' o~ ~2062 . 01'3134 875 . 00' 20-64 2 3. 10°08'23 204.57 36.20' (4/Shy X10" e( 5 F K O F 0\eR~ C S M-NEBUpNEq 4416 LINE TABLE lip4•~~S~.~Nr'r~ U SHAD Y OAKS PHASE 1A Utility Easement No. J L1 N89°2050°w - 50.00' 3, o Thomas M. Hood Survey No. 706 L2 N73°23'40"E - 15.22' City of Southlake Tarrant County, Texas 2 (~I( / Stoneburner Land Surveying March 2008 bW3 f0'79 l~ r ,Q f CITY OF OUTLAKE 1400 MAIN ST SUITE 310 OUTHLAKE TX 76092 Submitker: CITY OF OUTHLE SUZ E HENDERSON TAR RANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 EST EATHEROR FORT WORTH, T 76196-0401 A NOT DESTROY WARNING - THIS IS PART THE OFFICIAL RECORD. Filed For Registr tion: 08129/2008 03:15 P Instrume t D208339849 E 6 PGS $32.00 Eiy: I III I II IIIII IIIII I I I III III I IIIII I III IIIII I II I D208339849 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR S F THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR ACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: MV