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A-458 (Highway 114) \ It t ". CITY OF SOUTHLAKE 37-FOOT FIRELANE, ACCESS AND UTILITY EASEMENTF!LED TJ\RRMH COUNTY TEXAS ilENDERSO:1 "'('i Ilr"" V!:lH" l.l jUr~ i Tnr\ [\ y,,_.._,.._._....,.~.._.~.,.._.__....,_..__.,. That, HIGHWAY 114 PROSPECT, LTD., a Texas limited partnership GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollan 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 untotlte said GRANTEE a permanent and perpetual easement for tile purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating access, firelane, paving and utility facilities in, into, over, upon, across, under and through all that land in Tarrant County Texas described as follows, to-wit: ~ ~ ~ 20050Ee -9 PH 2: 16 TIIE STATE OF TEXAS COUNTY OF TARRANT A 37 foot wide Permanent Firelane, Access and Utility Easement containing approximately 3,289 square feet, as more particularly described in Exhibit" A" and shown on Exhibit "8" 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 Firelane, Access and UtiHty 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 successon 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 Firelane, Access and Utility Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants tha.t it will not convey any other easement or conflicting rights within the area covered by the grant to any other person, except such ingress, egress, access, use, drainage and temporary construction easements as may be necessary for the GRANTOR'S use and development of the real property adjacent to the area covered by the grant and any other real property owned by GRANTOR and being developed or sold by GRANTOR in connection therewith. 1J2053~1I~1~ p. J of 7 IN WITNESS WHEREOF, this dedication instrument is executed this 2- ro day or December, 2005. GRANTOR: By: David ACKNOWLEDGEMENT THE STATE OF TEXAS ~ ~ COUNTY OF COLLIN fi BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared David R. Cunningham , 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 2rd day of December, 2005. TAR C ANDFO THE STATE OF TEXAS ~ L. LttftrlJI-Finl5 Typed or Printed Name of Notary ~ . e>[3 . CJlp My Commission Expires 1\\1\\1111'"'''''1/",," ~\tIo\ " ~" ""'" ,." \.~..fl ....,. J #'., (( ~ I .... .... ~., Pv ". ~ ..., II ().... ....,,*.c" \'7 .~ 1;)..:0 n"~! ilc:(; ~ :.o~ =cx' Iflo)'-= ~ :, ~ .""-~ :C4~ .~ t"" '. "fl'.t<o .-&.T: l:t ~ ~ ~OF'~ ~ ~ '% .....~~l\\.~. V': ~ 04 ......~..:>) ~~II~ -08."" 1"'II",nlll\l"\I\I\~ b2003l01l(,J ~ p. 2 ~ 7 . , CERTIFICATE OF ACCEPTANCE This is to certify that the in!f(est and real property conveyed by this dedication instrumif,t the ~ J,8$ of .0 e.c.eVl1.IoV , 2005, from ~ nJ'.flU. tL. to the CITY OF SOU HL , has been duly a~cepted 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. 1d--~-o5" Dated ~ --- ~ yor, ~F SOUTHLAKE ATTEST: ~'(J-~ City Secretary """"""" ........' oU n'i~""'~ ," "-1. ....... $c s: ........ ~ $ 0.... ....~ \ g~l * \,,,,,,;, _.-. .E" - -. . .. :u: ! : ': ~ .,..= ~ e. ..-""/1 '::, e.. ..- i .., ......... ~ " ,'*' "'" If-** """ II,......",,' AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE c/o Cristina McMurray 1400 Main Street, Suite 320 Southlake, TX 76092 Phone:817-7-48-8099 Fax: 817-748-8877 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 D205.3l1"",g p. 3 ~ 7 EXHffiIT "A" ACCESS EASEMENT METES AND BOUNDS DESCRIPTION 3,289 SQUARE FEET IN THE THOMAS EASTER SURVEY, A-458 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Being all that certain 3,289 square feet ofland out of the 15.1935 acre tract conveyed to Highway 114, Prospect, Ltd., recorded under Document Number D203095974, in the Deed Records of Tarrant County, Texas, in the Thomas Easter, Survey, A-458, City of South lake, Tarrant County, Texas; (all bearings based on said 15.1935 acre tract) COMENNCING at a 5/8" iron rod found for the southeast comer of said 15.1935 acre tract, common to the southwest comer of Lot 1, Grapevine Plaza, recorded under Volume 388-191, Page 5, in the Plat Records of Tarrant County, Texas; THENCE North 73036' 19" West- 61.08' along the south line of the said 15.1935 acre tract to the POINT OF BEGINNING of the herein described easement; THENCE North 73036' 19" West - 37.00' to the southwest comer ofthe herein described easement, from which a TXDOT monument found bears North 73036' 19" West -163.97', which is a Point on a Curve to the right, having a central angle of 14052' 38', a radius of 218.50', and a chord bearing and distance of North 24034' 08" East - 56.58'; THENCE along said curve to the right, in a northeasterly direction, an arc length of 56.74' to the Point of Reverse Curvature of a curve to the left having a central angle of 090 52' 04", a radius of 181.50', and a chord bearing and distance of North 27004' 25" East - 31.22'; THENCE along said curve to the left, in a northeasterly direction, an arc length of 31.26' to the northwest comer of the herein described easement, in the north line of the aforesaid 15.1935 acre tract, common to the south line of Block 2, Westgate Plaza, recorded under Cabinet A, Slide 8847, in the Plat Records of Tarrant County, Texas, also being the north line ofthe City of Southlake, and the south line ofthe City of Grapevine, which is a Point on a Curve to the left, having a radius of 000 51' 04", a radius of2,514.65', and a chord bearing and distance of South 76029' 13" East - 37.35' THENCE along said curve to the left, in a southeasterly direction, along the north line of the said 15.1935 acre tract, common to the south line of said Block 2, Westgate Plaza, and the north line ofthe City of South lake and the South line of the City of Grapevine to the northeast comer of the herein described easement, which is a Point on a Curve to the right having a central angle of 110 20' 14", a radius of218.50', and a chord bearing and distance of South 26020' 21" West- 43.16'; THENCE along said curve to the right, in a southwesterly direction, an arc length of 43.23' to the Point of Reverse Curvature of a curve to the left having a central angle of 14043' 38", a radius of 181.50', and a chord bearing and distance of South 24038' 38" West - 46.52'; Page 1 of2 '12lMlIlP/,Jg p. q 17 THENCE along said curve to the left, in a southwesterly direction, an arc length of 46.65' to the POINT OF BEGINNING of the herein described easement and containing 3,289 square feet of land. Prepared by: PATE SURVEYORS A division of Pate Engineers, Inc. Original Issue Date: November 29, 2005 Job No. 0896-007-00-560 Certification Date: September 12, 2005 THIS LEGAL DESCRIPTION IS ISSUED FOR THE PURPOSE OF ATTACHMENT FOR EASEMENT DEDICATION DOCUMENTS. IT SHOULD NOT BE USED FOR TITLE TRANSFER. Page 2 of2 D2~i p.5~ 7 << !u kI j.. b . If ?",>-\Y 'f o. Ii t <:Y 0<9 -< . ~~ .'1. / d--. ~~ ,/ -..y~ ~ <:Y -<o)~~ ~ ~ '<<", <:Yj.. ) k 0- O(,~ ok o -- ~I-I~~ ~ lS~ ~ wa: ~wgo.: UI i--~ . I"I:J-< F=' ::::ICIJ -< o " N~ cv:S~ Q Ll.J ,...: / G4J9(j 0"0"": -.J~ . ClJ~ ..Q: C/J~Q:/ ~cO (J l~ ~I ~/~ ,t / J- W W 0)1.1.. cx>W "ta: f2 C') <( :~ :J f{]&!}f 0 ~8;g ~o"'>"": en Q: 0 . /!?Q~3 0> 'V- . ,....,....o~ It)._~Q -).... . ~() .::z::-O 00 5: - IV ~/ ~/ ~ ""l ~/ ~/ f GJ 2, (:.!~ ...~. LI i ~ r~~:. '-- _...J ~r= LL.::::) I l -* oS' j.. 19 . ?~ <:Y ,-<. 2 /. v. <:Y 6'/..(. ,/ ~~ ~ d--o, -< 0 ~~ <9f' ') <:Yj.. ) O(,~ . 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" . - - CS ~ .. ~ ~~ ~ CJ ~ C) I ~u~HJt)~ u 1)20~w,lg p.lI ~ 7 ~ CITY OF SOUTHLAKE CIO CITY SECRETARY 1400 MAIN STREET, SUITE 270 SOUTH LAKE TX 76092 Submitter: CITY OF SOUTH LAKE - ZSLKE-001 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: 12/09/200502:14 PM Instrument #: 0205366618 OPR 7PGS $36.00 ~ '.11111111 By: 0205366618 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE \S \NVALiD AND UNENFORCEABLE UNDER FEDERAL LAW.