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Francis Throop Survey, Abstract No. 1511 - 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 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), Alan Kay Custom Homes, LLC ('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. bwgmlm p. 10 Page 1 of 3 IN WITNESS WHEREOF, this dedication instrument is executed this ZS-r day of 20~ . BY: r' an Tit (Grantor on behalf of Alan Kay Custom Homes, LLC) BY Sign u e (Grantor n behalf of Alan Kay Custom Homes, LLC) ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF jah,I-1ml BEFORE ME, the undersigned authority in and for JL4i &xl- County, Texas, on this day personally appeared PI~IC,k~ UC, l y- 9 known to me or proved to me through 7501, 11'19 (oQ 32- (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 200q NOTARY SEAL Notar Public, State of Texas LiN©A aS g6lzk, LINDA SADLER Notary's Name (Printed) Notary Public, State of Texas My Commission Expires "'•'E~~ November 12, 2012 / / - 12- - Z017- Notary's Commission Expires Page 2 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the day of 20_0q, from (&A. KaU e(.C OW(. t4Qd(e!~ to the CITY OF SOUTHL E, 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. f'o l q, 20c~ Dated SEAL May r, CIT OF SOU LAK a`~~"n e o rearR,~~ % • =V O4.•• ATTE •q ,C *1 01. • City Secretary 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 1b2 M1g1%3 P. 31 ~ Page 3 of 3 EXHIBIT "A" Being a 0.473 of an acre tract of land situated within the Francis Troop Survey, Abstract No. 1511, and being a portion of a tract of land described to Alan Kay Custom Homes, LLC by deed recorded in Instrument number D206392812, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point for the northwest corner of said Alan Kay Custom Homes tract, said point being in North Carroll Avenue (a variable width right-of-way); THENCE North 89°42'08" East, with the north line of said tract, and passing at 21.06 feet, a 3/4 inch iron rod found for witness on the called east line of North Carroll Avenue, and continuing a total distance of 44.00 feet, to a 5/8 inch iron rod with cap stamped "TNP" set for corner, from which a 5/8 inch iron rod found for the northeast corner of same bears North 89°42'08" East, 421.40 feet, THENCE South 00°08'54" West, over and across said Alan Kay Custom Homes tract, a distance of 467.96 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner on the south line of same; THENCE South 89°38'52" West, with said south line, passing at 13.96' feet a 1/2 inch iron rod found for witness, continuing a total distance of 44.00 feet to the southwest corner of same, and being also in said North Carroll Avenue; THENCE North 00°08'54" East, with said North Carroll Avenue, a distance of 468.00 feet to the POINT OF BEGINNING and containing 0.473 of an acre of land, more or less of which a portion appears to lie within the extents of North Carroll Avenue Date: September 23, 2008 T)x k y . Gentry, R.P.L. . as Registration No. 5519 air ~Pt 4~~TEgtiF;. 1. Bearings are based on the Texas RICKY L. GENTRY State Pane Coordinate System, 5519 North Central Zone (NAD83) 9,y+°tit s str: yo ° su 2. Integral parts of this survey a. Legal Description b. Sketch Sheet of 1 of 2 _WM1963 ID 4p EXHIBIT "B" -4sT D qR/q9~ O P POINT OF FRED JOYCE ` , e w~orti RDAD BEGINNING N89°4 'OE "E VOL. 6853, PG. 1166 \ , ROW) D.R.T.C.T. APROXIMATE _ 44• - - - - 421_40' rroG SURVEY LINE 1: s/8- crRS (LINE FOR DIRECTIONAL CONTROL) ,px 7rYp' S89'42'08"W 444.34' W z ALAN KAY CUSTOM HOMES, LLC > o O (0 INSTRUMENT NO. D206392812, 14 p D.R.T.C.T. 00 , O ° d w Cr- 'q- It x U-) Ln o~ ~ E- 00 -00 O 0 O p O z O O z cn 0.473 ACRE NOTES: RIGHT-OF-WAY 1/2' 13.96' 1. Bearings ore based on the Texas ACQUISITION /8 - - - - - State Plane Coordinate System, 89'38'52 ' 'T/yp 9RS North Central Zone (NAD83). 44.00 2. Integral parts of this survey a. Legal Description JERRY AND KIM MILLS b. Sketch INST. No. D207189514 0 20 40 80 D R.T.C.T. 0.473 ACRE SCALE: 1 - 40' RIGHT-OF-WAY ACQUISITION ~E..°f... rF Situated in STE F F. Troop Survey OEXAS L. GENTRY, R. .L. S. REGISTRATION No. 5519 ••••••••••••Abstract No. 1511 ••••RICKY L GENTRY ••"•••••"5519•••''•'•• City of Southlake q 5519 ~r Tarrant County, Texas Date: September 23, 2008 N~ 3URV ' 11 JOB NO. LEN 06289 TEA GUE NALL AND PERKINS M9141?63 Civil Engineering Surveying I Landscape Architecture I Planning J)' 5 //VC 1900 Macon Street, Fort Worth, Tx 76102 (817) 336-5773 SHEET 2 OF 2 .rrrrrt.,,r! % CITY OF SOUTHLAKE 1400 MAIN ST STE 270 srr 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: 0 /28/2009 03:07 PM Instrument D 9141863 OPR PGS $32.00 f r ay: D209141863 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