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Twin Creeks Addition (Lot 7, Block 1) - ROW CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT 0.007 acres or 322 square feet within Lot 7, Block 1, Twin Creeks Addition STATE OF TEXAS § COUNTY OF TARRANT§ For and in consideration of the sum of ten dollars ($10 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 (we), Richard Paul Davis and Dawn Lawrence Davis ('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 4 620 MV p. l 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. IN~n WIT ESS WHEREOF, this dedication instrument is executed this day of 1 r `(W , 2009. i BY: Richard Paul Davis (G TOR) BY: Dawn Lawren Davis (GRANTOR) V p. 7 Page 2 of 4 ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for gQifr/t.County, Texas, on this day personally appeared M&'F hA~. kejod~ ha" known to me or proved to me through IUi~,~ ~A (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 AArUV , 2009. NOTARY SEAL Notary Public, State of Texas _ L .•ya ~ S~41~s2 .`'~~."•r.d.% LINDA SADLER Notary's Name (Printed) Notary Public, State of Texas My Commission Expires November 12, 2012 Notary's Commission Expires 162ogD897Cq P. 3 7 Page 3 of 4 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the day of I►'16L rC4V , 2009, from Richard Paul Davis and Dawn Lawrence Davis to the CITY OF SOUTHLAKE, 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. 3-30-0~ Date SEAL Mayor, CITY OF SOUTHLAKE e~.2: .66 fFpd8. . ATTE e~ % e F ® City Secretary ~ «cy., nv \ e+mH~ ~ AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Crnstma McMurray 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 12O V7N p- 4~ 7 Page 4 of 4 EXHIBIT "A" 322 SQUARE FOOT LIFT STATION PARCEL BEING a portion of Lot 7, Block 1, TWIN CREEKS ADDITION, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-150, Page 74 of the Plat Records of Tarrant County, Texas, conveyed by deed to Richard Paul Davis and Dawn Lawrence Davis in Volume 11259, Page 1555, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at an iron rod found in the east line of Creekside Drive, said point being the northwest comer of said Lot 7, and the southwest corner of Lot 8, Block 1, of said TWIN CREEKS ADDITION; THENCE South 01 degrees 17 minutes 00 seconds East, along said east line, a distance of 23.73 feet to a 5/8 inch iron rod, capped 5894, for the POINT OF BEGINNING; THENCE North 88 degrees 30 minutes 24 seconds East, departing said east line, a distance of 8.45 feet to a 5/8 inch iron rod, capped 5894, for parcel corner; THENCE South 01 degrees 21 minutes 06 seconds East, a distance of 38.00 feet to a 5/8 inch iron rod, capped 5894, for parcel corner; THENCE South 88 degrees 30 minutes 24 seconds West, a distance of 8.50 feet to a 5/8 inch iron rod, capped 5894, for parcel comer in the east line of Creekside Drive; THENCE North 01 degrees 17 minutes 00 seconds West, along the east line of Creekside Drive, a distance of 38.00 feet to the POINT OF BEGINNING and containing 0.007 acres or 322 square feet of land. P•\SOUTHLAKE\1782\SURVEY\Esmt-ROW\1655 Creekside-Lift Station.doe bwgoMcq 5 7 EXHIBIT "B" 322 SQUARE FOOT LIFT STATION PARCEL 10' WIDE TEMPORARY CONSTRUCTION EASEMENT 1657 CREEKS/DE OR/YE L OT 8, BL OCK 1 TWIN CREEKS 4001T/ON p „ ( 11OL UME J88-150,,-40E 7if, PRTCT I 0 P.O.C. IRF W p o~ N88°30'24"E 8.45' I S01°21'06"E I 38.00' P.O.B. 10.0' TEMPORARY CONSTRUCTION EASEMENT N 01 ° 1 7' 0 0 "W I 1655 CREEKS/OE OR/liE 38.00 R/CHARD PAUL OA 015 & I DAWN LAWRENCE OA 015 W J IVOL UME 11259, PAGE 1555 ORTCT Z 'I LOT 7, BLOCK 1 TWIN CREEKS A00/T/ON MOLUME .388-150, PAGE 74, PR-CT S88°30'24"W miz 8.50' zI Q 0 F SURVEYOR'S CERTIFICATION S T Eq T ~f I, Philip B. Wolters, a Registered Professional Land Surveyor of the State of Texas, certify that the calculations, graphic PHILIP B. WOLTERS depiction and legal descriptions of this survey were o 10 20 ••v•••••••••••••••••••r•• properly prepared under my personal supervision from an 5894 eground survey. eL/~n <'-9o'cE55t SURIJ ( IN FEET ) Registered Professi al Land Surveyor No. 5894 1 inch - 20 ft. AMMGTON SURVATMG do MAPPING as~as A~ r, 9W'a 10'! ~tu~ratoelr. >t>ma 70000 (BIT) as-Dave rao (si» ses-same ~ D P:\SOUTHLPxE\1792\SURVEY\Eamt-ROW\1762-LiftStationParul.dgi b_,.., ^ON7,^1q •rrr....,arr r ir. . CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST, STE 270 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 Registration: 04/03/2009 03:10 PM Instrument D209089709 OPR 7 PGS $36.00 By: D209089709 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: DS