J.W. Chivers Survey, Abstract No. 350 (Lot 1) - ROW
CFF'ICIAL RECORD
CITY OF SOUTHLAKE
RIGHT-OF-WAY DEDICATION INSTRUMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
For and in consideration of the sum of forty-six thousand eight hundred ninety-seven
dollars and seven cents ($46,897.07) of which nineteen thousand two hundred ninety-four dollars
($19,294.00) will be paid in hand by the City of Southlake, Texas, and a land dedication credit of
twenty-seven thousand five hundred sixty dollars and thirty-four cents ($27,560.34) will be given
by the City of Southlake. The land dedication credit will reflect the value of land donated by
GRANTOR to the City of Southlake, for which GRANTOR will not receive any financial
compensation. The receipt and sufficiency of which is hereby acknowledged, and other good
and valuable consideration, including the benefits that will accrue to my property, I, JESSICA
LANDESTRAIT ("GRANTOR"), 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 the "Drawing of Exhibit A", attached hereto and
incorporated herein for all purposes of this dedication, hereafter the "Subject Surface Tract", do
hereby dedicate the surface of 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 motorized city maintenance and law enforcement vehicles, pedestrian traffic,
and the construction, operation, use, maintenance, inspection, repair, alteration, and replacement
of a paved multi-use pedestrian trail within the boundaries of the right-of-way and easement
area.
TO HAVE AND TO HOLD said right-of-way and easement unto the City of Southlake,
its successors and assigns, and GRANTOR hereby binds itself, its 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 attempting 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 on the Subject
Surface Tract 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
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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.
ATTACHMENT 1:
Mineral Rights. The City of Southlake covenants and agrees that GRANTOR'S dedication is
limited and restricted to the surface of the Subject Surface Tract and is requested and intended
solely and exclusively for the use and benefit of the public as a perpetual right-of-way and
easement for use as a pedestrian trail and for no other use or purpose, provided, however that
bicycles, city motorized vehicles for maintenance and law enforcement purposes may be
permitted. The City of Southlake covenants and agrees that this instrument does not constitute a
conveyance of any right, title or interest in any oil, gas or other minerals that may now or
hereafter lie under the surface of the Subject Surface Tract and the City of Southlake hereby
disclaims any such right, title or interest.
Removal, Repair or Replacement of Sprinkler Heads and/or Irrigation Lines. The City of
Southlake covenants and agrees that it shall move, repair or replace, as needed, six (6) irrigation
sprinkler heads and corresponding irrigation lines that currently lie within the proposed multi-use
trail such that GRANTOR enjoys and maintains the existing irrigation coverage on
GRANTOR'S remaining property.
Preservation of Trees. In constructing the multi-use pedestrian trail, the City of Southlake agrees
and covenants to reduce the loss of trees and to avoid damage to or destruction of trees to the
greatest extent practicable while GRANTOR acknowledges that root damage may be
unavoidable or unhealthy trees may be encountered. If a healthy tree must be destroyed, the City
of Southlake covenants and agrees to compensate GRANTOR based on the species, age and size
of the damaged or destroyed tree. If the destroyed healthy tree has a trunk caliper diameter
greater than 14 inches, the City of Southlake shall compensate GRANTOR a sum of one
thousand two hundred dollars ($1,200) in hand. Otherwise, the City of Southlake agrees to
compensate GRANTOR a sum of one hundred fifty dollars ($150) in hand for a damaged or
destroyed healthy tree.
Removal of Soil and Sod. GRANTOR agrees that the City of Southlake may utilize a rock
retaining wall to reduce the amount of soil that must be removed. The City of Southlake
covenants and agrees to set aside any removed soil to GRANTOR in a mutually agreeable
location.
IN WI NESS WHEREOF, this dedication instrument is executed this day of
2009.
BY:
G TOR
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BY:
G NTOR
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF
BEFORE ME, the undersigned authority in and for RR A U-~ County, Texas, on this day
personally appeared F -S s ° a L X w -D rr Sz p_,% ; known to me or proved to
me through U k- S c z :v C-s_(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.
-E lu
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
Q92009.
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NOTARY SEAL
Notary Public, St to of Texas
MARY STRAIT
MY COMMISSION EXPIRES Notary's Na e (Printed)
November 12, 2012
NW4 Em~o tiR 1a, a~ t2
Notary's Commission Expires
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument the _ day of 0C 't0 Lel - , 2009, from
3e46l'CG~ 1a-41e, Cat* 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.
Ocho6ef- Y12oo~
SEAL Mayor, CI OF S THLAKE
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City Secretary
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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
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ABSTRACT 350
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SAJI PIL L AI & KESAVAN NAIR
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EXHIBIT "A"
AREAS OF
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ABSTRACT 350
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(n TRACT i I w I cn JESSICA STRAIT
Q VOLUME 13153, PAGE 481
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M NORTH LINE TXU EASEMENT
_ EXISTING 15' UTILITY EASEMENT
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- - sET 5/8" iR i `-N 88_58'55" E 195.12' P.O.B. T 5/j° iR _
N 00° 14'25" E'
46.48'
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-EAST-DOVE ROAD s 88° 44'44" W 195.39'
- - - _ - - _ -
(;UARD R.411,
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SURVEYOR'S CERTIFICATION
~ OF
~p ~Ot STfI, Philip B. Wolters, a Registered Professional Land Surveyor of the State of Texas,
y * 4 ' certify that the calculations, graphic depiction and legal descriptions of this survey were
....,.,,pw p per ared under my onal s, upe~vision o an actual survey made on the ground.
PHILIP B. WOLTERS
5894 .~o
3S% c'r' ~ Registered Professio al Land Surveyor No. 5894
suR0 ARLINGTON .UV$J INNG & MAPPING
wn 112
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(017) 0{6-0000 Notre (017) 100-0008
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EXHIBIT "B"
9,071 SQUARE FOOT
RIGHT-OF-WAY DEDICATION '
BEING a portion of a 1.140 acre tract of land out of the J. W. Chivers Survey, Abstract
Number 350, conveyed by deed to Jessica Colleen Strait in Volume 13153, Page 481,
Deed Records, Tarrant County, Texas, (DRTCT), and being more particularly described
by metes and bounds as follows:
BEGINNING at a 5/8" iron rod set at the intersection of the west right-of-way of
Ridgecrest Drive and the new north right-of-way of East Dove Road, said point being the
northeast corner of the tract herein described;
THENCE South 00 degrees 04 minutes 14 seconds East, passing a 1/2" iron rod found
at a distance of 23.06 feet, in all a distance of 46.06 feet to a point for dedication corner at
the southeast corner of said Strait tract;
THENCE South 88 degrees 44 minutes 44 seconds West, along the south line of said
Strait tract, a distance of 195.39 feet to a point for dedication comer at the southwest
corner of said Strait tract;
THENCE North 00 degrees 14 minutes 25 seconds East, along the east line of said tract,
passing a 1/2" iron found at a distance of 25.00 feet, in all a distance of 46.88 feet to a set
5/8" iron rod for dedication corner;
THENCE North 88 degrees 58 minutes 55 seconds East a distance of 195.12 feet to the
POINT OF BEGINNING and containing 0.208 acres or 9,071 square feet of land more
or less.
PAS0UTHLAKE\1778\SURVEY\Emw ROW\09-Strait.doc
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SUZANNE HENDERSON
}COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196-0401
"_'''~•"'"i""a PHONE (817) 884-1195
CITY OF SOUTHLAKE
1400 MAIN ST # 270
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 11/2/2009 8:55 AM
Instrument D209287803
OPR 8 PGS $40.00
By:
D209287803
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.
Prepared by: AKCHRISTIAN