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T. Mahan Survey, Abstract No. 1049 (Lot 3) - ROW OFFICIAL RECORD C~j NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON; YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMAION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN T PI LIC_ t~, RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOkIR"ISRI - CE'NSE . tt NUMBER. CITY OF SOUTHLAKE RIGHT-OF-WAY DEDICATION INST ENT STATE OF TEXAS § COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars ($10.00) and in hand paid by the City of Southlake, Texas, the receipt and sufficiency of which is hereby acknowledged, and other good and valuable consideration, including the benefits that will accrue to our property, JTE INVESTMENTS, LTD, acting by and through the undersigned, their duly authorized representative, and CHARLES W. ANDERSON, (GRANTORS), of Tarrant County, Texas, as the owners of that certain tract of land in Tarrant County, Texas, more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes, and as more particularly shown on the drawing set forth in Exhibit "B", attached hereto and incorporated herein for all purposes of this dedication, do hereby give and dedicate the 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 vehicles 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, 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. This right-of-way and easement are given and dedicated to the City of Southlake, Texas, subject to any and all existing or apparent restrictions, covenants, easements, rights-of-way and other matters of record affecting such right-of-way and easement as well as to any prior transfer or severance of the mineral estate from the property herein described. The City of Southlake, Texas, by its recording of this instrument, accepts the right-of-way and easement estates in their AS-IS condition, WITH ALL FAULTS, GRANTORS hereby disclaiming all other implied warranties resulting to the condition of the property or the estates transferred herein, their merchantability and suitability for any particular purpose. TO HAVE AND TO HOLD and GRANTORS hereby give and dedicate, subject to the foregoing exceptions, said right-of-way and easement, together with all and singular the rights and appurtenances hereto in any way belonging, to the City of Southlake, its successors and assigns, and do WARRANT AND FOREVER DEFEND all and singular the herein described right-of-way and easement to the City of Southlake, its successors and assigns against every ~21gg31M .~.I person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under GRANTORS, but not otherwise. GRANTORS covenant and agree that GRANTORS 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 right-of-way or easement granted herein any temporary or permanent structure, and it is further agreed that the City of Southlake shall have the right to excavate and fill upon said right-of-way and easement, and to remove any fences, buildings or other obstructions as may now be found upon said right-of-way and 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 GRANTORS and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion under any prior deeds in GRANTOR'S chain of title. The permanent right-of-way and easement rights and privileges granted herein are exclusive, and GRANTORS covenant that they will not convey any other easement or conflicting rights within the area covered by the grant to any other person. IN WITNESS WHEREOF, this dedication instrument is executed this ?_(e day of 2010. GRANTORS: JTE INVESTMENTS, LTD. CHARLES W. ANDERSON By: JTE Management, LLC BY (1-, T. Eubanks, President Charles W. Anderson g37,r4 ACKNOWLEDGEMENTS THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, in and for the State of Texas, on this day personally appeared JOHN T. EUBANKS, known to me, or proved to me through V Y' Ws U c/-- (describe the identity card or other document), to be the same person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this X day of 2010. , ~Z Y GAYLE G. WUJAN S Noitlqs Public, State of Texas c, k Notary a7(~jj,, N 0, tE~ ~ qty i:ornr s. "xp. 04/13120 11 SEAL Name of Notary Printed Notary's Commission Expires THE STATE OF TEXAS- § COUNTY OF § BEFORE ME, the undersigned authority, in and for 1_aX YGiL\7-'County, Texas, on this day personally appeared CHARLES W. ANDERSON, known to me, or proved to me through p((~el~~~ (describe the identity card or other document), to be the same person whose name is subscribed to the foregoing document and acknowledged to me that he executed the same for the purposes and consideration therein expressed. ~~oo ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE this c day of ~`i.~~ , 2010. Nota Public, State of Texas WILLIAMS SEAL`. , Name of Notary Printed GAYLE. G: VCffLTM NotarY Public S i°ATE OF TEXAS Notary's Commission Expires orMy Comm. Exp. 04113/2011 ~e-RSCrrr. ~~110D~3754 p. 31 ~ EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT-OF-WAY NORTH KIMBALL AVENUE, PHASE 1 PARCEL 3 BEING 0.215 acre of land located in the T. Mahan Survey, Abstract No. 1049. Southlake, Tarrant County. Texas, and being a portion of a tract of land conveyed to JTE INVESTMENTS, LTD. and CHARLES W. ANDERSON, by the deed recorded in Volume 15405, Page 216, of the Deed Records of Tarrant County, Texas, Said 0.215 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a "PK" nail found at the Northeast corner of said JTE investments tract, and lying in the centerline of North Kimball Avenue. THENCE S 00" 49' 04" E 207.40 feet, along the East boundary line of said JTE Investments tract and along the centerline of said North Kimball Avenue to a point at the Southeast corner of said JTE Investments tract: THENCE S 89° 59' 26" W 45.23 feet, along the South boundary line of said JTE Investments tract to a iron rod marked "Brittain & Crawford" set in the new West right-of-way line of said North Kimball Avenue: THENCE along the new West right-of-way line of said North Kimball Avenue as follows: 1. N 00" 47' D4" W 184.39 feet, to a iron rod marked "Brittain & Crawford" set at the beginning of a curve to the right; 2. Northwesterly 22.37 feet, along said curve to the right, having a radius of 1,442.00 feet, a central angle of 00" 53'20", and chord bearing N 00° 20' 23" W 22.37 feet to a '/2" iron rod marked "Brittain & Crawford" set in the North boundary line of said JTE Investment tract THENCE N 89" 10' 56" E 44.93 feet, along the North boundary line of said JTE Investments tract, to the POINT OF BEGINNING, containing 0.215 acre (9,352 square feet) of land. i G:doc\kimb a11-1egals\prow3\ I I I, ~216DN37jq p i NC( GROUP INC.. CC No. D 208018532. D.R.T.C.T. W I. 7 I A N 89'10'56"E 44.9 3' " s~ OINT OF BEGINNING yF~ ,Oa I /2" IRON ROD SET PK NAIL FOUND 4 t~C~ I ~y 4 = 00'53'2' 1ROdIRO SET R= 1,442.00' 1 L= 22.37' 1 Q - a SET LC= N 00'20'23"W =1 w 22.37' ~t r o 4 may, DO 31 z N J ~Qa, PERMANENT RIGHT-OF-WAY LINE o1 W M~ h JTE INVESTMENTS LTD. AND CHARLES W. ANDERSON o a1 0) VOL. 15405, PG. 216 i~ RI :Z3 oF-i ° 0 D.R.T.C.T. w z 0 o ai Z t IL 41 i i ~o• 1 ~ ~ GS 1/2" IRON ROD SET -"4 t 25.00' p0 S 89'59'26W 45.23' LOT 4, BLOCK 1, MESCO ADDITION CAB. A. SLIDE 3619, P.R.T.C.T. w AREA TABLE 0.215 ACRE TOTAL 9,352 SQ.FT. SURVEYED ON THE GROUND I 0.119 ACRE IN PRESCRIPTIVE NOVEMBER T2.'20DO OF TF RIGHT-OF-WAY yP~~G~ Rf ~4v` 0.096 ACRE NET 4,171 SO. FT. yln(a L- JAMES L BRITTAIN 0 1674 JAMES L BRTTTAIN `yy ~~'ES510?:(O~ PROPERTY CORNER NOTE REGISTERED PROFESSIONAL SUR INJO SURVEYOR ALL PROPERTY CORNERS SEf ARE 1/2" IRON RODS STATE OF TEXAS NO, 1674 WITH CAP MARKED "BRITTAIN & CRAWFORD' CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, PHASE I, S.H. 114 TO PATTERSON WAY EXHIBIT "B" w BRrrrAJN &CRAWFORD PERMANENT RIGHT-OF-WAY IANO SURVMNG do 0.215 ACRE OF LAND TOPOGRAPHIC MAPPING LOCATED THE (0171 010 AX N.. - UM ((817) 17!76) 63475117 T. MAHAN SURVEY e.n. aox .r171 Me saml ,na..r ABSTRACT NO. 1049 roar wwm~ rv s rerro SOUTHLAKE, TARRANT COUNTY, TEXAS SCALE 1 50' \wMaU.L~ROw-3\ b&r413 75q uu-l SUZANNE HENDERSON COUNTY CLERK :r 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 RATTIKIN TITLE 201 MAIN ST STE 800 FT WORTH, TX 76102 Submitter: RATTIKIN TITLE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 2/26/2010 3:58 PM Instrument D210043754 OPR 6 PGS $32.00 cam' ~.r. By:. D210043754 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: CAMADDOCK