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A.H. Chivers Survey, Abstract No. 299 (Heath) - ROW OFFICIAL RECORD CITY OF SOUTHLAKE RIGHT -OF -WAY DEDICATION INSTRUMENT • 0.047 acre of the A.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, I (we), GEORGE F. HEATH AND LOU ANN HEATH, ('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 Exhibit "B", attached hereto and incorporated herein for all purposes of this dedication, do hereby dedicate 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 vehicular 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 area, 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. 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 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 herein granted to the City of Southlake shall run with the Iand 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 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. �OJ� Page 1 of#3 !Vel/Avtieetite4ay,&& p Alio/ IN WITNESS WHEREOF, this dedication instrument is executed this 1 day of ( r 1 , } , 2009. BY: 40 ' 41.11 1 ; WV" GEORGE F. HEATH LOU ANN HEATH ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for J Texas, on this day personally appeared &my d xra 3 4Q: known to me or proved to me through (.4.n Ibhic,2v, � (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 ] b day of n , 2009. NOTARY SEAL 4it 4t Notary Public, State of Texas 11 NIII - :V :o °ai LINDA SADLER L./ ' Mfg � L�1 Notary Public, State of Texas Notary's Name (Printed) ' .� My Commission Expires , 4?f November 12, 2012 (_ Z - Z Notary's Commission Expires amigliD5 Page 2 of X3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the a 3 of _ Anrj ( , 2009, from GEORGE F. HEATH AND LOU ANN HEATH 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. -a3 -ol Dated SEAL F S UT -�14a er O O A 1( yin (QOAL `t l hht f ;• .• gy p ,.. ..... � ATTES -6 • 7 = f^ ' City Secretary ,I, *it ±+'`0%% 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 1)269003 Page of 43 EXHIBIT "A" 2,078 SQUARE FOOT RIGHT -OF -WAY DEDICATION BEING a 0.047 acre portion of two tracts of land, totaling a called 0.927 acres, out of the A. H. Chivers Survey, Abstract No. 299, conveyed by deed to George F. Heath and Lou Ann Heath, recorded in Document No. D204373667, Deed Records, Tarrant County, Texas, (D.R.T.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the southwest corner of said Heath tract; THENCE North 00 degrees 40 minutes 22 seconds West, along the west line of said Heath tract, a distance of 10.00 feet to a set 5/8" iron rod for dedication corner; THENCE North 89 degrees 29 minutes 35 seconds East, departing said west line, passing a set 5/8" iron rod at a distance of 96.00 feet, in all a distance of 207.88 feet to a set PK nail for dedication corner in the east line of said Heath tract; THENCE South 00 degrees 30 minutes 59 seconds East, along said east line, a distance of 10.00 feet to a point for dedication corner; THENCE South 89 degrees 46 minutes 43 seconds West, departing said east line, a distance of 207.85 to the POINT OF BEGINNING and containing 0.047 acres or 2,078 square feet of land more or Less. 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CITY OF SOUTHLAKE 1400 MAIN ST, STE 310 « *!`• 4 «' yMt•wN• , SOUTHLAKE TX 76092 Submitter: CITY OF SOUTHLAKE SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196 -0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 0 9/2009 11:19 AM Instrument #: D21 *1 13405 OPR 6 PGS $32.00 Ig& 111111111111 111111111111111111111111111111 D209113405 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. Printed by: DS