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M. Thompson Survey, Abstract No. 1563 (Joyce) - ROW CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT to STATE OF TEXAS § - fT1 COUNTY OF TARRANT For and in consideration of the sum of ten dollars ($10.00) in hand paid by the City of SouQak6 exas;; the receipt of which is hereby acknowledged, and other good and valuable consideration, including the benefits that will accrue to my property, I (we), Fred Joyce ('GRANTOR'(S)), 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 "A", attached hereto and incorporated herein for all purposes of this dedication, and as more particularly described by drawing as set forth in "Exhibit B", 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. 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 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. Grantor hereby reserves and retains for itself, its legal representatives, successors and assigns forever, all of Grantor's interest in the oil, gas, and other minerals in and under and that may be produced from the Page 1 of 4 )ONP603,Z p ►1 7 Property (collectively, the "Oil and Gas"); provided, however, not included within the definition of Oil and Gas are minerals that form a part of the soil or surface such as sand, iron ore, gravel, uranium or limestone. Grantor waives and relinquishes any use of the surface of the Property for any reason, including without limitation, the right to enter upon the Property, the exploration and/or removal of such minerals, oil or gas, and the right to place or maintain any structures, improvements, equipment or pipelines in, on, under or across the Property or to install any fixtures or facilities on the surface of the Property. Notwithstanding the foregoing, such surface use waiver does not prohibit subterranean underground directional drilling activities under the Property that begin upon and are conducted from the surface of real property other than the Property, provided that such drilling activities at all times are sufficiently below the surface of the Property as to not interfere with or disturb in any manner the present or future use to which Grantee or Grantee's successors and assigns may desire to devote the Property; provided, however, in no event shall the directional drilling or sub-surface activities be at depths less than five hundred (500) feet below the overlying surface of the Property. Grantor, and Grantor's successors and assigns, shall be responsible for any damages to the Property and any improvements from time to time located on the Property caused by Grantor's reservation of such minerals. TNESS WHEREOF, this dedication instrument is executed this -day of 200. B . RA O BY: GRANTOR Page 2 of 4 )VbhWZ p 2 ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME a undersigned authority in and for 'County, Texas, on this day personally appeared R./ known to me other d2uma;A) 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 / to y of u G;c4~/ 20 G, NOTARY SEAL N ,tarry Public, Statt(~ojf Te#s G i US e I /G~AL)Z f'/2C/iii G1~ I+ ROSE MARY KENDRICK Notary's Name (Printed) My Commission Expires: June 5, 2012 `lC.t rr Y % or Notary 's Commission Expires Page 3 of 4 1 DU90066 02 p.31 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the day of J 200, from r e to the CITY OF SOUTHLAKE, has been duly accepted subject to all to and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated SEAL Mayor, CI OF SOUTHLAKE ~r a l l l z' "a pej~'{ ATT?E: Pp ' 6 ,.QCO^ F®- co - City Secretary ~ o . a e ~ 0 ~e~g11111111110` 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 Page 4 of 4 WobbMz p- 41717 " EXHIBIT A" Being 0.140 of an acre of land situated in the M. Thompson Survey Abstract No. 1563 and being a portion of a tract of land described to Fred Joyce by deed recorded in Volume 6853, Page 1166, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southeast comer of the herein described tract, from which a 3/4" iron rod found for the northeast corner of a tract described to Narasimba R. Bhogavalli and Sriman N.. Chinnareddy by the deed recorded in Volume 13236, Page 384, of said Deed Records, bears North 89°42'08" East 294.12 feet, said point being on the south right-of-way line of East Dove Street(a right-of-way of variable width); THENCE South 89°42'08" West with the north line of said Bhogavalli and Sriman tract, passing at 150 22 feet a 5/8" iron rod found on the north line of the said Bhogavalli and Sriman tract and continuing a total distance of 1171128 feet to a point for the southwest corner of the herein described tract,same being on the east right-of-way fine of North Carroll Avenue(a variable width right-of-way); THENCE North 00°52'32" West with said east right-of-way, a distance of 81.40 feet to the south right-of-way line of said East Dove Street; THENCE South 58°40'47" East, with said south right-of-way a distance of 31.39 feet to the beginning of a curve to the left having a radius of 605.66', and a chord that bears South 66°13'42" East a distance of 159.18 feet; THENCE southeasterly along said curve to the left an arc length of 159.64 feet to the POINT OF BEGINNING and containing 0.140 acres of land, more or less. September 10, 2007 MCA i L. ntry, R. P.L. S OF rF T xas Registration No. 5519 TR~G.1+,9 RICKY L GEMY k-, 5519 ~ 'aF 9 .E5S„N O 1. Bearings are based on the Texas tia SuRV~~ State Planes Coordinate System, North Central Zone (NAD83). 2. Integral parts of this survey a. Legal Description b. Sketch Sheet 1 of 2 ~?bgobbbll~ 011 ' I I EXHIBIT "B" ' LOT 1. BLOCK 1 EMERALD ESTATES SOUTH k VOL. 388-171, PG. 99 1 14 P.R,T C.T. I a w 11 p a w O H inU x ~S?~°~ 60 Nze. 0 20 40 8o 4%, ii 'P° SCALE: 1" = 40' ` S 58'40'47" E 31.48' ` • A=15'06'08 I = R=605.66' o r =v L=159.64' ' a a, C=159.18' ,.E 0. _ 140 ACRE - - - CB=S66'1 3 42 / N ~C) - H _ - _ - RIGHT-OF-WAY N =wP ~ Mori of z , Div = - - _ oR_ _ EASEMENT 4 - i - O ICU M = YCE - - Eb 9 d N- - - - =^:6853' ~~Praj"W-`- OL G_ 6. a - - 89'42 08 E Z Z S 89.42 08 W 1`71.28 NOTES: S 89'42'08" W 444.34' 1. Bearings are based on the Texas (LINE FOR DIRECTIONAL CONTROL) State Plane Coordinate System, FAINT OF North Central Zone (NAD83). NARASIMBA R. BHOGAVALLI BEGINNING SRIMAN N. CHINNAREDDY 2. Integral parts of this survey. VOL-13236 PG.384 p 140 ACRE a. Legal Description D.R.T.C.T • b_ Sketch RIGHT-CIF-WAY EASEMENT %STCjP~,o+9 Situated in the Y L. NTRY. R.P.L.S. M. Thompson Survey AS GISTRATION No. 5519 N~N.N....NN..NN.N~... RXKY 4 GWW Abstract 1563 ..p.NNNN.NN..NN.yN s519 City of Southlake Date: September 10, 2007 ! ~~oF ,ay ~aD4SURVTarrant County, Texas 111 JOB NO. LEN 06289 TEAGUE NALL AND PERKINS Civil Engineering I Surveying I Landscape Architecture I Planning //VG: wwwfip-onllneaom SHEET 2 OF 2 AR d esm - -0,M Vbb32 p b ~ 7 I T rH `le Y M CITY OF SOUTHLAKE 1400 MAIN ST STE 270 •~`r~ rrrN.rr'rSOUTHLAKE 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: 03/11/200910:68 AM Instrument D209066032 OPR 7 PGS $36.00 By: Z4-~ 1111[111 IN 111111111111111 .II 1111111111111111111111111111 D209066032 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