J.W. Chivers Survey, Abstract No. 350 (Lot 1A1) - ROW t
S(\ OFFC1AL REC.C.
CITY OF SOUTIILAKE
RIGHT -OF -WAY DEDICATION INSTRUMENT
STATE OF TEXAS
COUNTY OF TARRANT
For and in consideration of the sum of eighteen thousand seven hundred twenty -nine
dollars and ninety -two cents ($18,729.92) to be paid in hand 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 my property, I (we), JOHN and GWEN
K ,;7 IBS "GRANTOR(S) 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 Tract do hereby
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
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, upon, over, across, and under the boundaries of the right-
of -way and easement area, including but not limited to all such uses permitted by the Laws of the
State of Texas and the Ordinances of the City of Southlake, Texas.
TO HAVE AND TO HOLD said right -of -way and easement unto the City of Southlake,
its successors and assigns, and GRANTOR(S) hereby bind(s) itself (themselves), its (their)
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(S) covenants and agrees that GRANTOR(S) 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(S), 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 right—of-way and easement rights and
privileges granted therein are exclusive, and GRANTOR(S) covenant(s) that it will not convey
any other easement or conflicting rights within the area covered by the grant to any other person.
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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 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 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, upon, over, across, and
under the boundaries of the right -of -way and easement area. 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 Tract
and the City of Southlake hereby disclaims any such right, title or interest.
Construction of Fence. The City of Southlake covenants and agrees that it shall construct a five
foot wrought iron fence, approximately three hundred and ten (310) feet in length and with one
gate, to match the existing decorative fence on the City of Southlake's property adjacent to the
Subject Tract's western property line. The installation of the fence shall commence within 90
days from the date of closing. GRANTOR(S) covenant(s)_and agree(s)_that the City of
Southlake shall own and maintain the fence.
Replacement Fence. In the event that the City of Southlake decides to remove or dismantle the
fence, the City of Southlake covenants and agrees, at the City's option, to either build another
fence or compensate GRANTOR(S) for the construction of a fence "replacement fence The
Replacement Fence shall be located on the GRANTOR(S) property adjacent to the western
property line of the Subject Tract. GRANTOR(S) convent(s) and agree(s) that GRANTOR(S)
shall own and maintain the Replacement Fence.
IN T IC N WHEREOF, this dedication instrument is executed this 2Z day of
2010.
BY:
G''' TOR
BY:
GRANTOR
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ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF �1 -ry 1
BEFORE ME, the undersigned authority in and for 1 r County, Texas, on this day
personally appeared JCIit t r oki eP Ieo tif,5 known to me or proved to
me through 1X b 4.- (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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this `day of
G� ,2010.
NOTARY SEAL -44
Notary Public, State of e as
�p y
CECEIIA o
State
Notary Public, of f Texas
-N My Commission Expires
June 17, 2012 Notary's Name (Printed)
1f11111s
0(P 7
Notary's Commissi n Expires
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication
instrument the r\-1-L day of Apr I 2010, from
c0 K Xrk ROev' 10 A AuS 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.
/kp (1(2 >0 L3
Dated
SEAL fr, CITY OF SO 'w
►'Yu Pro �.t
ocasolala ejll
A 1. ATTE T:
A
s 4F
City Secretary
11 1 et9 \Od\
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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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EXHIBIT `B"
3,443 SQUARE FOOT
RIGHT -OF -WAY DEDICATION
BEING a portion of a 2.000 acre tract of land out of the J. W. Chivers Survey, Abstract
Number 350, conveyed by deed to John Koldus, IV, etux Gwen, in Volume 11962, Page
662, Deed Records, Tarrant County, Texas, (DRTCT), and being more particularly
described by metes and bounds as follows:
COMMENCING at a found 1/2" iron rod, capped "LANDES in the west line of said
Koldus tract, said point being the most easterly northeast comer of a tract (Aland
conveyed by deed to John M Shelton in Volume 4400, Page 846, DRTCT;
THENCE South 03 degrees 58 minutes 55 seconds West, along said west line, a
distance of 180.29 feet to a set 5/8" iron rod for the POINT OF BEGINNING;
THENCE South 89 degrees 42 minutes 01 seconds East, along the new north right -of-
way of East Dove Road, a distance of 119.47 feet to a set 5/8" iron rod for dedication
comer,
THENCE North 89 degrees 41 minutes 25 seconds East, continuing along said north
line, a distance of 98.62 feet to a set 5/8" iron rod for dedication corner in the west line of
Lot 1, James L. Chivers #348 Addition, recorded in Cabinet A, Slide 5434, Plat Records,
Tarrant County, Texas
THENCE South 00 degrees 03 minutes 17 seconds East, along the west line of said Lot
1, a distance of 15.28 feet to a point for dedication comer in the existing north line of
East Dove Road;
THENCE South 89 degrees 37 minutes 42 seconds West, along said north line, the same
being the south line of said Koldus tract, a distance of 219.26 feet to a point for
dedication corner;
THENCE North 03 degrees 58 minutes 55 seconds East a distance of 16.83 feet to the
POINT OF BEGINNING and containing 0.079 acres or 3,443 square feet of land more
or less.
PASOUTHLAKE\1778\SURV EY\Eant_ROW \05- 1Coldus.doc
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SUZANNE HENDERSON
COUNTY CLERK 7,4
100 West Weatherford Fort Worth, TX 76196 -0401
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: 4/26/2010 8:58 AM
Instrument D210095447
OPR 8 PGS $40.00
By.
D210095447
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