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John T. Bailey Survey, ABstract No. 97 - ROW RIGHT OF ENTRY AGREEMENT STATE OF TEXAS § S: KNOW ALL MEN BY THESE PRESENTS: £A ORIGINAL COUNTYOF TARRANT § That Joe V. Smith., hereinafter referred to as "GRANTOR" (whether one or more) for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration in hand paid by the City of Southlake, Texas hereinafter referred to as "GRANTEE" the receipt and sufficiency of which is hereby acknowledged, do by these presents grant and convey b GRANTEE a right of entry for the purpose of: Installation of utilities related to the FM 1709 Deceleration Lane Project and the construction of such FM 1709 Deceleration Lane Project in, into, upon, over, across, and under certain land in Southlake, Texas, more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter called the PROPERTY). This Right of Entry shall remain in effect until 30 days after the completion of construction of the FM 1709 Deceleration Lane project. Upon execution of this agreement, GRANTOR will grant utility companies and contractors access to the PROPERTY for the purpose above. The Right of Entry shall include the right of GRANTEE and its employees, agents, representatives, or contractors to survey, stake, drive upon, excavate, construct and fill, but GRANTEE shall replace any existing improvements including but not limited to the parking lot, driveway, fence and/or any sign which GRANTEE removes from the PROPERTY without cost to GRANTOR. GRANTEE shall provide all weather access to the existing improvements to the site at all times during the construction. TO HAVE AND TO HOLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said GRANTEE, its successors and assigns, for the purposes set forth above. EXECUTED this th�Y of �� , 2002. GRANTOR: /L /, oe • th Page 1 of 4 ACKNOWLEDGEMENT STATE OF TEX § r COUNTYOF a44 § � G BEFORE ME, the undersigned auth • in a d for, JLS L%/ County,' (State), on this day personally appeared ■ _41/ 0, %, A MIAILIM _� � as of the . known t, , e (o 1. roved to me on the oath of or through (description of identity card or other document) to be the same peson whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVE. _I. 1 R MY AN D AND SEAL OF OFFICE, this thep� vi of 4 .. , _ 4 .._ -- 4rAllreA _ , 44,C(LA ,,, / 4 0W d SANDY CROSS ar I lk At 4 4 l a dMh * ? Notary Public. State of Texas y , [,N. M Comm. Expires Nov. 04, 2002 Notary Public 7 or the :. a of `_ • Page 2 of 4 2001 )W- 061 —TA PARCEL NO. 19 CITY OF SOUTHLAKE SOUTHLAKE INTERSECTION TIMBERLAKE PLACE AND SOUTHLAKE BOULEVARD EXHIBIT "A" PERMANENT UTILITY & SLOPE EASEMENT f f • JOHN T. BAILEY SURVEY, ABSTRACT NO 97 x. TARRANT COUNTY, TEXAS Yxa' t ITUATED in the City of Southlake, Tarrant County, Texas and being a parcel of land out of a tract of land in 4 -fie John T. Bailey Survey, Abstract Number 97, said tract being conveyed to Joe V. Smith by deed as recorded f in Volume 5740, Page 205 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said parcel of land tin itleing herein described as a proposed variable width Permanent Utility & Slope Easement and being herein more particularly described by metes and bounds as follows: qtEGINNING at the northeast property corner of the said Smith tract, said point being on the most northerly -` iorthwest property corner of Lot 36, Block 2 of Timber Lake Section 1, being an addition to the City of Southlake according to the plat as recorded in Cabinet A, Slide 484 of the Plat Records of Tarrant County, Texas, said point also being on the existing southerly right -of -way of Southlake Boulevard (FM 1709); THENCE, South 00 degrees 34 minutes 16 seconds East, along the east property line of the said Smith tract and along the said westerly property line of the said Lot 36, 10.00 feet to a point; THENCE, North 88 degrees 45 minutes 58 seconds West, along the proposed easement line, 63.59 feet to a point; THENCE, North 81 degrees 33 minutes 11 seconds West 79.64 feet to a point on the northerly property line of the said Smith tract and on the said southerly right -of -way line of Southlake Boulevard (FM 1709); THENCE, South 88 degrees 45 minutes 58 seconds East, along the said property line and said right -of -way line, 142.29 feet to the POINT OF BEGINNING; The proposed variable width Permanent Utility & Slope Easement herein described contains 0.0236 acres (1,029 square feet) of land. • I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Spooner and Associates, Inc. ��. OF TE` By: Shaun Spooner SHAUN G. SPOONER • =..o 4183 Registered Professional Land Surveyor, do .. .. Texas No. 4183 Date of Survey: 10 -18 -01 Revised 10 -30 -01 -1 .1U1-1-COW-0151-TA 11•••■• SURVEY: JOHN T. BAILEY SURVEY, ABS. No. 97 UTILITY EASEME.1.1 DESC. PARCEL NO. 19 LOCATION: SOUTHLAKE, TARRANT COUNTY, TEXAS SOUTHLAKE INTERSECTION , IMPROVEMENTS ' PERM. UTILITY & SLOPE EASEMENT: 0.0236 AC. TIMBERLAKE PLACE & SOUTHLAKE BLVD. WHOLE PROPERTY ACREAGE: 0.8640 AC. CITY OF SOUTHLAKE 1721 EAST SOUTHLAKE BLVD. r; (DRAWING OF EXHIBIT "A" ) SOUTHLAKE, TEXAS 76092 4 f. SOUTHLAKE BOULEVARD (FM 1709) P.O.B. EXHIBIT s„ 10.00' . . SO 16 "E EXISTING R.O.W. _ S88'45'58 "E ! 142.29' • . �1 I ^ ,, N81 >> „ i,,, I 7 9.64' 63.59' w N88'45'58 "W z 10' U.E. EXISTINGi I Z J J I EXHIBIT "A" PROPOSED VARIABLE WIDTH w PERMANENT UTILITY Sc SLOPE EASEMENT 0 I n. 0.0236 ACRES (1,029 Sq. Ft.) ° JOE V. SMITH 803 WEST SOUTHLAKE BOULEVARD SOUTHLAKE, TEXAS 76092 TRACT 1 7.5' UTILITY EASEMENT -- JOHN T. BAILEY SURVEY ABSTRACT NO. 97 VOLUME 5740, PAGE 205 D.R. T.C. T. I- - -- -- -- -- - - _J I TIMBER LAKE SECTION 1 LOT 36, BLOCK 2 COMMON AREA CABINET A, SLIDE 484 P. R. T. C. T. _il REVISED 10 -30 -01 0 40' 80' SPOONER & ASSOC. am m�o REGISTERED PROFESSIONAL GRAPHIC SCALE IN FEET LAND SURVEYORS 1” = 40' �� OF . ........... 1*, JOB NO. 856 i...- * � 0 DATE: 10 -18 -01 SHAUN G. SPOONER COGO FILE: NONE ( - -3 4183 ACAD: 856-1709--ROW M I , suR \lc- DRAWN BY: A.K.D. /�►�P 4 • ; 352 HURST BLVD. COMPUTED BY: S.G.S. HURST, TX 76053 (817) 282 -6981 CHECKED BY: S.G.S. D202205030 METROPLEX TITLE INC 1723 E SOUTHLAKE BLVD SUITE #100 SOUTHLAKE TX 76092 RNING-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT D E S T R O Y INDEXED--TARRANT COUNTY TEXAS SUZANNE H E N D E R S O N -- COUNTY CLERK OFFICIAL RECEIPT T 0: METROPLEX TITLE INC RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 202360937 DR2A PM 07/26/2002 08:40 INSTRUMENT FEECD INDEXED TIME 1 D202205030 WD 20020726 08:40 CG T OTAL: DOCUMENTS: 01 F E E S: 15.00 B Y: 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. A