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A-300 (Hines Southlake Land) ORIGINAL DOCUMENT CITY OK SOUTHLAKE Council Action: Y NV Ord. /Res. No. Date Approved CITY OF SOUTHLAKE PERMANENT UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTYOFTARRANT THAT, HINES SOUTHLAKE LAND LIMITED PARTNERSHIP (GRANTOR), of the County of Tarrant, State of Texas, for and in consideration of ONE DOLLAR, and other good and valuable considerations paid by the City of Southlake (GRANTEE), a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain and convey to said GRANTEE, its successors and assigns, a non - exclusive easement to construct, reconstruct and perpetually maintain permanent utilities, together with all necessary appurtenances thereto in, upon, and under the Utility Easement Tract (defined below), and with the right and privilege at any and all times, to enter said Utility Easement Tract, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining the permanent utilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Tarrant County,Texas, being described as follows: A 20 foot wide Permanent Utility Easement containing approximately 0.929 acres, shown on Exhibit "A" attached hereto and as more particularly described in Exhibit "B" and incorporated herein (the "Utility Easement Tract "). Following any construction activities within the Utility Easement Tract, GRANTEE shall promptly restore the surface to a condition similar to that existing prior to the construction. This permanent easement herein dedicated shall run with the land and forever be a right in and to the land belonging to said GRANTOR, its successors and assigns. The easement herein granted is made and accepted by GRANTEE subject to all existing encumbrances of record in Tarrant County, Texas, to the extent they validly affect the Utility Easement Tract. TO HAVE AND TO HOLD the above - described permanent utility easement, together with all and singular the rights and appurtenances thereto, anywise belonging unto the said GRANTEE, its successors and assigns forever. Subject to the foregoing terms, GRANTOR expressly retains, reserves, and shall continue to use and enjoy the Utility Easement Tract for any and all purposes whatsoever which do not unreasonably interfere with the use and enjoyment by GRANTEE of the easement granted herein, including, but not limited to, the right (i) to construct or locate upon the Utility Easement Tract signs, parking facilities, pavement, roadways and such other items or materials (except for permanent buildings and permanent structures) as GRANTOR shall desire; and (ii) to use the Utility Easement Tract for pedestrian and vehicular ingress and egress, provided that any such other uses shall be compatible with and shall not adversely impact GRANTEE's permitted use of the Utility Easement Tract. baiiii93'7 P. 116 WITNESS OUR HANDS, this the o'a,�L— day of i 2011. HINES SOUTHLAKE LAND LIMITED PARTNERSHIP, a Texas limited partnership By: Hines Southlake Land GP LLC, a Delaware limited liability company, its General Partner By: Hines Interests Limited Partnership, a Delaware limited partnership, its sole Member By: Hines Holdings, Inc., a Texas corporation, its General Partner By' 64314P6/ 90 R Name: Cs`l(- ld.e` - //�� �',e.— Title: .fit- vtc� ,s ,nr...• T' Address: 2200 Ross Avenue Suite 4200W Dallas, Texas 75201 Attn: Rob Witte STATE OF TEXAS § § COUNTY OF § T instrument was acknowledged before me on a 3 2011, by lQs £-ld e , the Se ti i ul�c. S �a b�. -� of Hines Holdings, Inc., the General Partner of Hines Interests Limited Partnership, the sole member of Hines Southlake Land GP LLC, the General Partner of Hines Southlake Land Limited Partnership, a Texas limited partnership, on behalf of said corporation, limited liability company and limited partnerships. Signatu of Notary Public l ,�ti�� RV c� cam: s::`�1� ���-���r • ADELE T. KLINE 9) f - Notary Public, State of Texas 4 ��4 • My Commission Expires / ' -` October 10, 2011 b2111036/17 P. 2 q lo EXHIBIT A UTILITY EASEMENT • 20' WIDE UTILITY EASEMENT BEING A 0.929 ACRE 20' WIDE UTILITY EASEMENT, SITUATED IN THE LARKI■ H. CHIVERS SURVEY, ABSTRACT NUMBER 300 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND CONVEYED TO HINES SOUTHLAKE LAND LIMITED PARTNERSHIP, AS RECORDED IN COUNTY CLERK'S FILE NO. D207372094. DEED RECORDS, TARRANT COUNTY, TEXAS. SAID 20' WIDE UTILITY EASEMENT WITH A BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES. NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002). DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 213, 2006 CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID- DF5387), SAGINAW TX CORS ARP (PID- DH7149) AND DENTON CORS ARP (PID- DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A BRASS DISK HIGHWAY MONUMENT FOUND AT THE SOUTH END OF A CORNER CLIP AT THE INTERSECTION OF THE NORTHEAST RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 114 (A VARIABLE WIDTH RIGHT -OF -WAY), AS RECORDED IN VOLUME 12594, PAGE 147, DEED RECORDS, TARRANT COUNTY, TEXAS AND THE EAST RIGHT -OF -WAY LINE OF WHITE CHAPEL BOULEVARD (A VARIABLE WIDTH RIGHT -OF -WAY); THENCE, SOUTH 66 DEGREES 03 MINUTES 21 SECONDS EAST, ALONG THE SOUTH LINE OF SAID HINES SOUTHLAKE LIMITED PARTNERSHIP TRACT, AND THE COMMON NORTH RIGHT -OF -WAY LINE OF SAID STATE HIGHWAY NO. 114, A DISTANCE OF 61.17 FEET TO THE POINT OF BEGINNING: THENCE, OVER AND ACROSS SAID HINES SOUTHLAKE LIMITED PARTNERSHIP TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 68 DEGREES 43 MINUTES 54 SECONDS EAST, A DISTANCE OF 28.18 FEET TO A POINT FOR CORNER; SOUTH 66 DEGREES 03 MINUTES 21 SECONDS EAST, A DISTANCE OF 1488.21 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 04 DEGREES 00 MINUTES 23 SECONDS, A RADIUS OF 7679.44 FEET. AND A LONG CHORD WHICH BEARS SOUTH 64 DEGREES 03 MINUTES 29 SECONDS EAST, A DISTANCE OF 536.87 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 536.98 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON THE PROPOSED NORTHWEST RIGHT -OF -WAY LINE OF SOUTHMONT DRIVE (A 63 FOOT RIGHT -OF -WAY); l: \S LD \C3X513\C3 X51300\S DATA \C3 X513EXO7R.doe Page 1 of 1911i1(/ 1q THENCE, SOUTH 73 DEGREES 01 MINUTES 30 SECONDS WEST, ALONG THE PROPOSED NORTHWEST RIGHT -OF -WAY LINE OF SAID SOUTHMONT DRIVE, A DISTANCE OF 28.36 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE WEST END OF A CORNER CLIP AT THE INTERSECTION OF THE PROPOSED NORTHWEST RIGHT -OF -WAY LINE OF SAID SOUTHMONT DRIVE AND THE NORTHEAST RIGHT -OF -WAY LINE OF SAID STATE HIGHWAY NO. 114, SAID POINT BEING THE BEGINNING OF A NON- TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 03 DEGREES 51 MINUTES 22 SECONDS, A RADIUS OF 7659.44 FEET, AND A LONG CHORD WHICH BEARS NORTH 64 DEGREES 07 MINUTES 59 SECONDS WEST. A DISTANCE OF 515.40 FEET: THENCE, ALONG THE NORTHEAST RIGHT -OF -WAY LINE OF SAID STATE HIGHWAY NO. 114. THE FOLLOWING COURSES AND DISTANCES: ALONG SAID NON - TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 515.50 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR CORNER; NORTH 66 DEGREES 03 MINUTES 21 SECONDS WEST, A DISTANCE OF 1508.06 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.929 ACRES OF LAND, MORE OR LESS. A PARCEL PLAT O,F E QAL AT HEREWITH ACCOMPANIES THIS PROPERTY DES f IPTI� N. , i s ' p Michael J. Baitup, F1`.P.LS. G FEBRUARY 8, 2011 Registered Professional Land Surveyor Texas Registration No. 4574 Jacobs Engineering Group, Inc. 7950 Elmbrook Dr •• 0 F • . T F Dallas, Texas 75429 A, .- i s � . 9 214- 638 -0145 MICHAEL J. RAITUP 4574 a ( ••. ' PFE s s k pt. o� 94'0 •UR'y I:`SLD \C3X 13 \C3X5I300\SDATA \C3X5I3EXQ7R.doc Page 2 of 3 19 11100 7 P 4P° 1 I ' -- WHITE CHAPEL BOULEVARD (VARIABLE WIDTH RIGHT -OF -WAY) ,`., ?:- v N. / SCALE: 1' = 300' • AO 1 CO f OP HINES SOUTHLAKE Li NC L AND LIMITED D207372094SHIP 2 UTILITY EASEMEN D.R.T.C.T. 'etc"' CF , H BRASS HIGHWAY DISK N H At 6 - r..u. r S 66.Oa. MONUMENT 7g0 ENT f 7q 0.929 8 108• 8 27• ACRES PROPOSED Di SOUTHMONT BOULEVARD srq r cO i,, (63 FOOT RIGHT -OF -WAY) (fr F L /H4' Y RigB H /G o ` , o- - j frO �' 0 12 59, f, 63/00. N � CIRF �� --\\ „ 9 / / o RT C T c i j \ � Q 2 4 c ? r ( j / / . IRS/ , 100' DRAINAGE EASEMENT / / VOL. 14094, PG. 240 CIRS D.R.T.C.T. L2 CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH C1 4'00'23” 7679.44' S 64'03'29" E 536.87' 536.98' C2 3'51'22" 7659.44' N 64'07'59" W 515.40' 515.50' LINE BEARING DISTANCE L1 N 68'43'54" E 28.18' 0 F L2 S 73'01'30" W 28.36' P: c,\STfR. PA, L3 S 66'03'21" E 61.17' A, A Fp °;q MICHAEL J. BAITUP LEGEND °•• 4574 it _ „ �. D C.I.R.S. = 5/8” CAPPED SET WITH TEXAS Q �O f , SS R"4 0. YELLOW PLASTIC CAP STAMPED "JACOBS" i ! _:��j C.LR.F. = 5/8" CAPPED IRON ROD FOUND WITHt 4 r i YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" ,, BE 6 is B F t O ti =, STATE 0 CO A s 'P'H _ _ y CENTRAL ZONE, _ N F ! t' 1�. U FC - 0 i tL 9Y �c , r I .S A � 2' 2006 CAS � -FC � ,pn ...L � � RrFZ R: 8 c , 0099 F — D __86 C I �, Ty Rr - _ �, ..agj DATE: 06/08,11 EXHIBIT A SHEET, SCALE: 1" = 300. 0.929 JACOBS ACRES DRAWN BY: H.M UTILITY EASEMENT 7 950 ELMBROOK DRIVE DALLAS, TX 75247 -4961 PHONE 214 -638 -0145 FAX 214 -638 -0447 3 oF 3 ;t THE CHECKED BY: U.J.B. LAPR0 H. Ci-1VERS SURVEY, ABSTRACT WO 330 CITY OF SOUTHLAKE, TARRANT COLIJTY, TE/i -S I : \SLD \C3X513 \C3X51300 \GRA \C3X51 EX07R.dwg, 2/8/2011 7:45:52 AM 11103647 P 5l/ (- • MARY LOUISE GARCIA .._. COUNTY CLERK r - 100 West Weatherford Fort Worth, TX 76196 -0401 PHONE (817) 884 -1195 CITY OF SOUTHLAKE 1400 MAIN ST STE 310 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 5/3/2011 12:41 PM Instrument #: D211103647 E 6 PGS $32.00 yt- k a ff B y: D211103647 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: SLDAVES Da1110/7 p.10 tp,