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A-1049 (JTE Investments) A f 0 F TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § COUNTY OF TARRANT § Being the owners of the herein-described property, we ("Owners") here grant to the City of Southlake, Texas (the "City"), and to the City's Contractors, a tem rary construction easement through 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 for the purpose of constructing necessary roadway facilities. The temporary construction easement shall be 10 feet wide and shall be west of, adjacent to and parallel to the Permanent Right-of-Way Line shown on Exhibit "B" attached hereto. It is understood that during construction the Contractor will of necessity require the temporary construction easement to accommodate movement of equipment for handling and placement of piping and supplies, but only as may be necessary, and in no case shall the Contractor permit equipment to become in contact with, or damage existing buildings or other permanent lot improvements. It is further understood that the Contractor shall be required by the City to restore all areas of the lot, relative to fencing, structures, and other improvements to pre- existing conditions, or better. During such restoration, the Contractor shall slope the surface of the temporary construction easement to provide a gradual transition between the roadway and the remainder of the Owners' property. This Temporary Construction Easement is subject to the following additional terms and conditions: a. The granting of this easement is subject to Owners' right to further develop this and the remainder of the property owned by Owners in a manner which does not interfere with the exercise by the City of Southlake of the rights granted in this easement. b. The City shall require the Contractor to (i) clean up the site after construction on the site; (ii) reasonable cooperate with Owners in providing continuous access to the remainder of Owners' property during any construction; and (iii) carry public liability insurance during the term of its contract for the work. C. The easement shall terminate on the earlier to occur of (i) final acceptance by the City of the Contractor's work; and (ii) June 30, 2012. Temporary Construction Easement, Permission and Access granted this day of 12010. JD21mg3756 P.I 5 W:\Southlake\Easements\Temp.Const.Easement.Kimball SUTE inv.Anderson.doc Page 1 f OWNERS: JTE INVESTMENTS, LTD. CHARLES W. ANDERSON By: JTE agement, LC By: r~ I-- iz3f -ZL) bhn T. Eubanks, President Charles W. Anderson ACKNOWLEDGEMENTS THE STATE OF TEXAS § COUNTY OF -7OJV fMi § 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 Q( ~ ~ a S (4e," (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 a/ (e day of, 2010. No ary Public, State o Texas Wy 71'lubk ?vrSEAL SlWfName of Notary Printed Or My cornm. Notary's Commission Expires ~2160y3155 p2~~ W:\Southlake\Easements\Temp.Const.Easement.Kimball SUTE Inv.Anderson.doc Page 2 THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, in and for the State of Texas, on this day personally appeared CHARLES W. ANDERSON, known to me, or proved to me through a lyk.,( S G L (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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this?(,, day of 2010. !11-LlAN1S ~g1ytY P„~y" ~~i➢191lG n `4 1"ip COQ. + * ` r ; € -E. OF TEXAS N ic, tate of Texas 0411312 1 SEAL Name of Notary Printed Notary's Commission Exp IDZIUO43155 P• 3r~5 W:\Southlake\Easements\Temp.Const.Easement.Kimball SUTE Inv.Anderson.doc Page 3 NCI GROUP INC., CC No. 0 208018532. D.R.T.C.T. w 1, 7 I N 89°10'56"E 44.9 3' " OINT OF BEGINNING 1/2- IRON ROD SET ~ I PK NAIL FOUND ~y d = 00'53'20' 1ROdIRDT R= 1,442.OQ 1' wi L= 22.37' I < - a I LC= N 00'20'23"W 22.37' "'I o a may, Op 3i i N J 4~4, PERMANENT RIGHT-OF-WAY UNE r of W I w JTE INVESTMENTS LTD. AND al °Y CHARLES W. ANDERSON o ai W cn_ VOL. 15405, PG. 216 i~ uI - 0 D.R.T.C.T. i3~ °0 a ~ ~O IL NZ Z 0- 4h z 20• I " I J 1/2" IRON ROD SET (25.00 I p0~ S 89'59'26"W 45.23' i zI LOT 4, BLOCK 1, MESCO ADDITION CAB. A, SLIDE 3619, P.R.T.C.T. AREA TABLE 0.215 ACRE TOTAL 9,352 SQ.FT. SURVEYED ON THE GROUND 0.119 ACRE IN PRESCRIPTIVE NOVEMBER 12.•2008 OF rF RIGHT-OF-WAY ypP~6~*0.096 ACRE NET 4,171 SQ.FT. O?riC0 - JAMES L BRITTAIN { p 1674 •Q- JAMES L BRRTAIN py PROPERTY CORNER NOTE REGISTERED PRDFESSIONAL SURIJ LAND SURVEYOR ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS SUITE OF TExAs N0. 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" WRrrrAJN & CRAIPFORD PERMANENT RIGHT-OF-WAY LAND SU?&'%lNG & 0.215 ACRE OF LAND TOPDGRAPWC MAPPING LOCATED THE Im71 220-0211 - HEM IF171 .29-5112 FAX No. (817) 925-9747 T. MAHAN SURVEY o.n. soIm 1+,'OrtK ~ 1611 rtiOwA+ ABSTRACT No. 1049 SOUTHLAKE, TARRANT COUNTY, TEXAS SCALE 150' . \KIMBALL~ROW-3\ ~21DOy3755 p. y ~ 5 SUZANNE HENDERSON ray ~.rrc.tix~ COUNTY CLERK 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 D210043755 E 5 PGS $28.00 By: D210043755 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