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A-458 (Highway 114) (2) ~ . r. r CITY OF SOUTHLAKE 10-FOOT UTILITY EASEMENT FILED TARRMH COWITY TEXAS COUNTY OF TARRANT ~ ~ HENDERSON ~ ('n!fl-"'"j-"~FPK u...... ~~I 'f i _.\! l ~.Y Tha4 HIGHWAY 114 PROSPECT, LTD., a Texas limlfeopa -ersliip GRANTOR berein, for and in consideration of the sum of Ten ($10.00) Dollars and otber 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 berein, 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 utility facilities in, into, over, upon, across, under and through all that land in Tarrant County Texas described as follows, to-wit: Z0050Ee -9 PH 2: 16 THE STATE OF TEXAS A 10 foot wide Permanent Utility Easement containing approximately 8,009 square feet, 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 Utility 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 Utility 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, except such ingress, egress, access, use, drainage, and temporary construction easements as may be necessary for 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. ))z~~'P.//)F IN WITNESS WHEREOF, this dedication instrument is executed this 2.~ day of December, 2005. . GRANTOR: By: Davi R. Cunningham, V.P. of Operations ACKNOWLEDGEMENT THE STATE OF TEXAS fi fi 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 2. rd day of December, 2005. tJ 4. t)f3 . Cf.p My Commission Expires ~~\\'"':":~~II/I"', ~~ ~v. ~f( '~ i ~~,,"':" ....l .... ~" >$ "" I' .,.'9-' PO"t '. "'. .. i 0....6*".. ...~ % g>-:z C'l\,.,i ~c(: Co!) l-~ a~~ .,. . ~ :CI:l:; '\ ~"'''h. ~:~... iff '\ ..,'co Of ~ ..' .I % ......~o,;.~. '. i$F ~ a ........~...\)) ~ ~~~M 41-08-'1.'" ~'S 1"'/f'I/"IIII1\1\I\\\\\\~ n2D53(pfpLP15 ~. 2 ~ ? CERTIFICATE OF ACCEPTANCE This is to certify that the int.;rest and real prope~veYed by this dedication instrumen the ~ day of J)~ , 2005, from " L, "to the CITY OF SOUT AKE, has been Iy a epted 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. I),.{p ~S- ~A Mayor, CITY'bW ATTEST: C~~~ ~.._........ ......~ :..nUTH.~It'",;. ..4'_~ ;:;-.~ " ~ CTr ol · ~ i~. * ~""~i _,.-e . . =-J : : :0: . : \ \ /01 ..., -.. ... ~ " ........ ~ " " "'" *** "",.. ""..,.."" 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: 817-748-8077 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 n2053lPlPlPl6 f).317 EXHIBIT "A" 10' UTILITY EASEMENT METES AND BOUNDS DESCRIPTION 8,009 SQUARE FEET IN THE THOMAS EASTER SURVEY, A-458 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Being all that certain 8,009 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) BEGINNING 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 along the south line of the said 15.1935 acre tract, in the north line of State Highway 114 (a variable width right-of-way) the following courses and distances; North 73036' 19" West - 262.05' to a TXDOT monument found for an angle comer of the herein described easement; North 64018' 05" West -111.56' to a TXDOT monument found for an angle comer of the herein described easement; North 64048' 57" West - passing a 5/8" iron rod found at 22.29' for a total distance of 209.31' to an angle comer of the herein described easement; North 61055' 47" West - 35.55' to an angle comer of the herein described easement; North 65054' 52" West - 107.58' to an angle comer of the herein described easement; North 670 24' 50" West - 65.42" to an angle comer of the herein described easement; North 670 19' 49" West - 57.16' to the northwest comer of the herein described easement; THENCE South 73034' II" East - 92.48' along the north line of the said 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 ofSouthlake, and the south line of the City of Grapevine to an angle comer of the herein described easement; THENCE South 67024' 50" East - 30.77' to an angle comer of the herein described easement; Page 1 of2 b~1016 ~.~~7 THENCE South 65054' 52" East - 108.06' to an angle comer of the herein described easement; THENCE South 61055' 47" East - 35.65' to an angle comer ofthe herein described easement; THENCE South 640 48' 57" East - 209.10' to an angle comer of the herein described easement; THENCE South 640 18' 05" East -110.79' to an angle comer of the herein described easement; THECNE South 73036' 19" East - 258.54' to the northeast comer of the herein described easement, in the east line of the aforesaid 15.1935 acre tract, common to the west line of aforesaid Lot 1, Grapevine Plaza; THECNE South 01020' 06" West - 10.36' along the east line of the said 15.1935 acre tract, and the west line ofthe said Lot 1, Grapevine Plaza to the POINT OF BEGINNING and containing 8,009 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 A TT ACHMENT FOR EASEMENT DEDICATION DOCUMENTS. IT SHOULD NOT BE USED FOR TITLE TRANSFER. Page 2 of2 D2D53UbI6~."of 1 . *- C) FO ~ g ~~ ~ g ~ :-c:-e"" ra t '11111 ~ 51! !!,:ii - D . . . 5" - ~~ ;t II I " II ti- C/) II ~ 0 C }> ex> :IJ- m8 " co m m -I r [;;~{:;~~z rrl r V)(J) 1Il Z Z Z OOlOlOlOltD -: -: .... .... -: fT1 r'l NUlN-(1)> o UI .,.. CO UI ::0 -I o ..: c; ..: ..: z )> 01 -.J 0 CO -.J G) CD :i rrr rrr :i :i r r'l '-\ U') ':\- l....:....- Ca '1., ~ .....-...:., '--"'- --- '<.... \, J./" tL""\. U') --< ..... ~ .Cl1~ 1:1)l. CI) ~- ~Cl1 . ~,.... :-1~;;f 0 .0 R ....., "tJ Q)~I\) !f~ 'J r- 1'1'I C) 1'1'I Z C ot.lt.lUlt.lM . ~P:--l~ z t.lOl-.J-U1G) OlUl-.JOlUl-i -----::x: i!; t:J~ 8~ .~ "'('- .t:J ~ _ .0, / ;:0' :Ac;; .f; fi 11 l: :-., a ~ :b. ~ ~!C~ g I ~~C1 11, I! ':V_-"'" ~i / "~-II. we' 1>!it"'" ~~ j:; I .t:I ~ :t . I /1 '" / tL""\. '\- J./'J:> ~ CJ () .\" ~ '-\ .Cl1 ~ 0""\. .1:1 ~ ~ tL""\. ;0- j;~ m ....., /:tl ~ 0 '1:1 r>e;t7JR .....-...:. :-1""'1:1 Q)~I\) !f~ 'J OJ \l ON ~ :::0 OIl ~ ~8 , ~LOT 1 GRAPEVINE PLAZA VOL. 388-191, PG. 5 P.R.T.C.T. LOT 1 GRAPEVINE PLAZA VOL. 388-180, PG. 77 P.R.T.C.T. . ,. ...:~;ii:.". ". t~OOl\t." ",,-,tt . ,...... .7"J-"". ,r6, . ,,;..... ~\ 1)): ." 7 ....... ..1f:~> ". .. *' .. .". ....... ... CITY OF SOUTHLAKE CIO CITY SECRETARY 1400 MAtN STREET, SUITE 270 SOUTH LAKE TX 76092 Submitter: CITY OF SOUTHLAKE - 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 #: 0205366615 By: r;~s $36.00 1_11111111111111111 0205366615 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.