A.H. Chivers Survey, Abstract No. 299 (Hines) - ROW
OFFICIAL RECORD
CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INSTRUMENT
0.240 acres of Absalom H. Chivers Survey, Abstract No. 299
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, HINES SOUTHLAKE LAND LIMITED PARTNERSHIP, a
Texas limited partnership ("GRANTOR"), 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 (this "Easement Dedication"), and as more particularly described by
drawing as set forth in Exhibit "B", attached hereto and incorporated herein for all purposes of this
Easement Dedication (the "Property"), hereby grants and dedicates to the City of Southlake, Tarrant
County, Texas for the use and benefit of the public, a perpetual right-of-way and easement (the
"Easement") upon, over, and across the Property 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 Property, 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 Property, 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 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 Easement unto the City of Southlake, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof, by, through or under GRANTOR, but not
otherwise.
The Easement herein granted is made, and is accepted by the said City of Southlake, subject to any and
all valid restrictions, easements and other encumbrances, if any, affecting the Property as the same appear
of record, but only to the extent that they are still in effect, and all the encumbrances that might be
disclosed by a current survey of the Property.
GRANTOR covenants and agrees that GRANTOR and GRANTOR'S successors and assigns shall at no
time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across the
Easement 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 Easement herein granted to the City of Southlake shall run with the land and
forever be a right in and to the Property belonging to GRANTOR, and GRANTOR'S successors and
assigns.
Page] of 7
IN WITNESS WHEREOF, this Easement Dedication is executed this 1q day ofA4et&h;tr, 2009.
GRANTOR:
HINES SOUTHLAKE LAND LIMITED PARTNERSHIP,
a Texas limited partnership
By: Hines Southlake Land GP LLC,
its General Partner
By: Hines Interests Limited Partnership,
its sole member
By: Hines Holdings, Inc.,
its General Partner
By.
Name: (oN C_ ft L t0Z T
Title: S►2_ UIC'£ 1'K~s~,ytn~7
i~
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF DALLAS
This instrument was acknowledged before me on October yh' 2009, by
L C, El-Q0lT , the Sn (A Q py2 S 1af1v 7- of
Hines H Idings, Inc., the General Partner of Hines Interests Limited Partnership, the sole member of
Hines Southlake Land GP LLC, the General Partner of Hines Southlake Land Limited Partnership, a
Texas limited partnership, on behalf of said corporation, limited liability company and limited
partnerships.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of October, 2009.
NOTARYSEAL
Notary Public, State of Texas
Y LUK..i't.tc (CAT- FiLwoo0 1cvx~vr
Lome Leatherwood Kurrus
* My Commission Expires Notary's Name (Printed)
t'fr 07/03/2013
O'F~
g 34 2c iR
Notary's Commission Expires
Page 2 of 7
CONSENT OF LENDER
The undersigned, Wachovia Bank, National Association ("Lender"), as the lender under that certain loan
(the "Loan") made to GRANTOR and evidenced by that certain Promissory Note dated October 15,
2007 payable to the order of Lender in the original principal amount of $52,000,000.00, such promissory
note being secured, inter alia, by that certain Deed of Trust, Security Agreement and Fixture Filing dated
effective October 15, 2007 (the "Deed of Trust"), and recorded in the Real Property Records of Tarrant
County, Texas as Document No. D207372095, encumbering, inter alia, the Property, hereby consents to
the execution and delivery of the foregoing instrument and hereby subordinates all of its liens and
security interests provided for in the Deed of Trust to the extent they encumber the Property. Except
only as specifically made subordinate herein, all liens and security interests in favor of Lender shall
remain in full force and effect and remain of first priority as security for the payment of the Loan.
Dated: October 2-1, 2009
WACHOVIA BANK, NATIONAL ASSOCIATION
By:
Name:
Dam- VP
Page 3 of 7
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication instrument the day
of er, 00 , from HINES SOUTHLAKE LAND LIMITED PARTNERSHIP to the CITY OF
JJ
SOUTI~L,A , 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.
~)o✓2wt~O~ -3 2oO~l
ated
SEAL ~,,4/aIy, w,~~I~~'~~`///TYY OF SOUTHLAK 11 eaa ! ®V 1 Hl 71,,,
Off,' . ; r ATTE
City Secretary
AFTER EXECUTION BY GRANTOR,
PLEASE RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
C/o Cristina McMurray
1400 Main Street, Suite 320
Southlake, TX 76092
Phone: 817-748-8098
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
Page 4 of 7
EXHIBIT A
0.240 ACRE
RIGHT-OF-WAY DEDICATION
BEING A 0.240 ACRE TRACT OF LAND SITUATED IN THE ABSALOM H. CHIVERS
SURVEY, ABSTRACT NO. 299, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS,
AND BEING PART OF A 280.866 ACRE TRACT OF LAND, CONVEYED TO HINES
SOUTHLAKE LAND LIMITED PARTNERSHIP BY DEED RECORDED IN DOCUMENT NO.
D207372094, DEED RECORDS, TARRANT COUNTY, TEXAS. SAID 0.240 ACRE TRACT,
HAVING A BEARING BASIS OF GRID NORTH, TEXAS STATE PLANE COORDINATES,
NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS
OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004,
CALCULATED FROM DALLAS CORS ARP (PID-DF8984) AND DENTON CORS ARP (PID-
DF8986). BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND AT THE NORTHEAST CORNER OF SAID 280.866 ACRE
TRACT AND BEING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF
PRIMROSE LANE (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE WEST RIGHT-OF-
WAY OF N. CARROLL ROAD (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE SOUTH 00 DEGREES 39 MINUTES 37 SECONDS EAST, ALONG THE EAST LINE
OF SAID 280.866 ACRE TRACT AND THE COMMON WEST RIGHT-OF-WAY OF SAID N.
CARROLL ROAD, A DISTANCE OF 10.00 FEET TO A 5/8 INCH IRON ROD WITH A
YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
THENCE OVER AND ACROSS SAID 280.866 ACRE TRACT THE FOLLOWING COURSES
AND DISTANCES:
SOUTH 89 DEGREES 47 MINUTES 28 SECONDS WEST, A DISTANCE OF 1043.80
FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER
NORTH 02 DEGREES 46 MINUTES 40 SECONDS WEST, A DISTANCE OF 10.01
FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER ON THE NORTH LINE OF SAID 280.866 ACRE
TRACT AND BEING ON THE SOUTH LINE OF-ESTES PARK, PHASE III AN
ADDITION TO THE CITY OF SOUTHLAKE RECORDED IN CABINET A, PAGE
11419, PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 47 MINUTES 28 SECONDS EAST, ALONG THE NORTH
LINE OF SAID 280.866 ACRE TRACT AND THE COMMON SOUTH LINE OF SAID ESTES
PARK, PHASE III, PASSING AT A DISTANCE OF 82.85 FEET A 3/8 INCH IRON ROD
FOUND FOR THE SOUTHEAST CORNER OF SAID ESTES PARK, PHASE III,
CONTINUING ALONG THE NORTH LINE OF SAID 280.866 ACRE TRACT A TOTAL
DISTANCE OF 1044.17 FEET TO THE POINT OF BEGINNING, CONTAINING 0.240
ACRES OF LAND, MORE OR LESS.
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Page I of 2
Page 5 of 7
Exhibit "B"
[Depiction of the Property)
[See attached page.]
Page 6 of 7
ESTES PARK PHASE III
CILZ CA91NET A, PAGE 11419 ;
~.R.T.C.T. '
LOT R, BLOCK 10
SCALE: 1' 100' ?
i
1
LINE 6FARING DISTAI'ICE ^ LOUIS MORRIS AND
LESLIE MORRIS
LT SOD 39'37' E 1;4DD' VOL. 16242, PC. 133
L2 N 024840 w 10,01 ` D.R.T.C.T.
D,M ACR
RIGHT-OF-WAY
DEDICATION
`t JANN:E L GRANT
'a, DOC# 000TO5411
D, R.T.C.T.
y fA Z LOT 3
gyp`' A.H. CHIVERS
m NO. 249 ADDITION
LR CAB. 1t PC. 3191
280-566 ACRES r}1 V P,d.T.C,T.
MINES SOUTHLAKE LAND p
LIMITED PARTNERSHIP 0A 00 .
DOC+ 6207372094
D.R.T.O.T. I'1 _
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LEGEND G
CIRF CAPPED IRON ROD FOUND
CIRS CAPPED IRON ROD SET
IRF IRON ROD FOUND JODY CLAYTON
D.R.D.G.T. DEED RECORDS Dott•205245167
DENTON CONTY, TEXAS R.T.C.T.
P.R.D,C.T. PLAT RECORDS
DENTON COUNTY, TEXAS
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DOC# 02007,5647
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N. CARROLL ROAD L1
(VARIABLE WIDTH R.D.W.) POINT OF RMNININD
BEARINQ BASIS OF GRID NMH, TEXAS STATE PLANE COORDRL17E3, HDHTH CENTRAL 2RNE, 1i4De3 (0096, EPOCH DAIS 2002),1
DEMRM114DD RY CYY CNERVATIONS MWICEN 1UUAN DAY 253, 2004 AND JULIAN DAY 259, 1304, CALCULATED FROM DALLAS
CONS ARP (PID-DF"") AND DENTON CDRS ARF (PID-DF8958),
EXHIBIT IB
LU 0.24'_`7: 0.240 RIGHT-4F-WAY DEDICATON
CF..M 5Y: rx CUB Y256 FIIBIOCH o2rvE DALLA& Tx 7U47-4W
ABSALCN H. CHILERS 5URVET. A-299 PHONE 214-M-ouo VAX 21+-6311-0447
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a6e 7 of 7
SUZANNE HENDERSONl
COUNTY CLERK
J 100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
CITY OF SOUTHLAKE
1400 MAIN ST STE 270
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 11/12/2009 4:08 PM
Instrument D209299277
OPR 8 PGS $40.00
Bv:
D209299277
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.
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