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Absalom H. Chivers Survey, Abstract No. 299 - Permanent Drainage Easement ORIGINAL DOCUMENT CITY OF SOUTHLAKE t ^ Council Action: Y / Ord. /Res. No. Date Approv CITY OF SOUTHLAKE PERMANENT DRAINAGE 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, an easement to construct, reconstruct and perpetually maintain the drainage easement, together with all necessary appurtenances thereto in, upon, and under the Drainage Easement Tract (defined below), and with the right and privilege at any and all times, to enter said Drainage 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 Permanent Drainage Easement containing approximately 4.207 acres, shown on Exhibit "A" attached hereto and incorporated herein (the "Drainage 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 Drainage Easement Tract. TO HAVE AND TO HOLD the above - described permanent drainage 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 Drainage 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. 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 drainage easements granted herein any temporary or permanent structures. Future drainage improvements including drainage structureswill be allowed as needed for future development of the property. • D2111179/ p. 11'7 • WITNESS OUR HANDS, this the in ,L day of / 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 Hines Interests Limit -d Partnership, agent for Hine • ding , Inc. By: ..----- dr''..-----"-- , Name: Rob Witte Title: Vice President Address: 2200 Ross Avenue Suite 4200W Dallas, Texas 75201 Attn: Rob Witte STATE OF TEXAS § COUNTY OF a �tJ' § Th instrument was acknowledged before me on J //_. Z , 2011, by i k' Wr tf e /i« / , the � r 4 / "41 of Hines Holdings, Inc., the General Partner of Hines Interests Limit-d '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 corporate. - limi .. ia•lity company and limited partnerships. A A/. , i _ /spy it:LL ign. "ture of otary Public [ Personalized Notary Seal ] , - ,., ! F1 ' , °) tit: . 1 RETURN TO: ' CITY OF SOUTHLAKE OFFICE OF THE CITY SECRETARY t;ounai Hcuon: Y e uru./Kes. No. 1400 MAIN STREET, SUITE 270 SOUTHLAKE, TEXAS 76092 Date Approved Z2//ii79 1If p. 2i' 7 EXHIBIT A DRAINAGE EASEMENT • 4.207 ACRES BEING A 4.207 ACRE DRAINAGE EASEMENT, SITUATED IN THE ABSALOM H. CHIVERS SURVEY, ABSTRACT NUMBER 299 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING PART OF A 280.866 ACRE 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 4.207 ACRE DRAINAGE 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: BEGINNING AT A 3/8 INCH IRON ROD FOUND AT AN INTERIOR ELL CORNER OF SAID 280.866 ACRE TRACT, AND THE COMMON NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO LOUIS MORRIS AND LESLIE MORRIS BY DEED RECORDED IN VOLUME 16242, PAGE 133, DEED RECORDS, ' TARRANT COUNTY, TEXAS FROM WHICH A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR AN INTERIOR ELL CORNER OF SAID 280.866 ACRE TRACT, AND THE COMMON SOUTHWEST CORNER OF SAID MORRIS TRACT, BEARS SOUTH 00 DEGREES 45 MINUTES 59 SECONDS EAST, A DISTANCE OF 247.04 FEET; THENCE, OVER AND ACROSS SAID 280.866 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 84 DEGREES 00 MINUTES. 27 SECONDS WEST, A DISTANCE OF 194.82 FEET TO A POINT FOR CORNER; SOUTH 73 DEGREES 25 MINUTES 31 SECONDS WEST, A DISTANCE OF 28.77 FEET TO A POINT FOR CORNER, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 74 DEGREES 33 MINUTES 23 SECONDS, A CHORD THAT BEARS SOUTH 36 DEGREES 08 MINUTES 49 SECONDS WEST, WITH A CHORD DISTANCE OF 60.57 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC DISTANCE OF 65.06 FEET TO A POINT FOR CORNER; SOUTH 01 DEGREES 07 MINUTES 52 SECONDS EAST, A DISTANCE OF 133.17 FEET TO POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 79 DEGREES 11 MINUTES 49 SECONDS, A CHORD THAT BEARS SOUTH 38 DEGREES 28 MINUTES C2 SECONDS WEST, WITH A CHORD DISTANCE OF 267.71 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC DISTANCE OF 290.27 FEET TO A POINT FOR CORNER; 1: \ SLD \C3X513 \C3X51300 \SDATA \C3X513 EXO9R.doc Page 1 of 4 1211/17/ p. 30'7 SOUTH 78 DEGREES 03 MINUTES 57 SECONDS WEST, A DISTANCE OF 115.87 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT , CURVE TO THE RIGHT HAVING A RADIUS OF 410.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 47 MINUTES 09 SECONDS, A CHORD THAT BEARS SOUTH 87 DEGREES 57 MINUTES 31 SECONDS WEST, WITH A CHORD DISTANCE OF 140.88 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC DISTANCE OF 141.58 FEET TO A POINT FOR CORNER; NORTH 82 DEGREES 08 MINUTES 54 SECONDS WEST, A DISTANCE OF 268.13 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 340.00 FEET, A CENTRAL ANGLE OF 61 DEGREES 10 MLNUTES 26 SECONDS, A CHORD THAT BEARS SOUTH 67 DEGREES 15 MINUTES 53 SECONDS WEST, WITH A CHORD DISTANCE OF 346.01 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC DISTANCE OF 363.01 FEET TO A POINT FOR CORNER; SOUTH 36 DEGREES 40 MINUTES 40 SECONDS WEST, A DISTANCE OF 36.13 FEET TO A POINT FOR CORNER, SAID POINT BEING ON THE PROPOSED NORTHEAST LINE OF CARILLON OFFSITE INFRASTRUCTURE AND CHILDREN'S MEDICAL CENTER AND THE BEGINNING OF A NON - TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 551.99 FEET, A CENTRAL ANGLE OF 6 DEGREES 13 MINUTES 51 SECONDS, A CHORD THAT BEARS NORTH 53 DEGREES 30 MINUTES 40 SECONDS WEST, WITH A CHORD DISTANCE OF 60.00 FEET; ALONG SAID PROPOSED NORTHEAST LINE OF CARILLON OFFSITE INFRASTRUCTURE AND CHILDREN'S MEDICAL CENTER, AND SAID NON - TANGENT CURVE TO THE LEFT AN ARC DISTANCE OF 60.03 FEET TO A POINT FOR CORNER; NORTH 36 DEGREES 40 MINUTES 40 SECONDS EAST, A DISTANCE OF 36.13 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 61 DEGREES 10 MINUTES 26 SECONDS, A CHORD THAT BEARS NORTH 67 DEGREES 15 MINUTES 53 SECONDS EAST, WITH A CHORD DISTANCE OF 407.08 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC DISTANCE OF 427.07 FEET TO A POINT FOR CORNER; SOUTH 82 DEGREES 08 MINUTES 54 SECONDS EAST, A DISTANCE OF 268.13 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 350.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 47 MINUTES 09 SECONDS, A CHORD THAT BEARS NORTH 87 DEGREES 57 MINUTES 31 SECONDS EAST, WITH A CHORD DISTANCE OF 120.27 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC DISTANCE OF 120.87 FEET TO A POINT FOR CORNER; I: \S LD \C3 X 513 \C3 X51300 \SDATA \C3 X5 13 EXO9R.doc Page 2 of 4 D28// 7q// p. q 7 NORTH 78 DEGREES 03 MINUTES 57 SECONDS EAST, A DISTANCE OF 115.87 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A .R. �DIUS OF 150.00 FEET, A CENTRAL ANGLE OF 79 DEGREES 11 MINUTES 49 SECONDS, A CHORD THAT BEARS NORTH 38 DEGREES 28 MINUTES 02 SECONDS EAST, WITH A CHORD DISTANCE OF 191.22 FEET; ALONG SAID TANGENT CURVE TO THE LEFT AN ARC DISTANCE OF 207.34 FEET TO A POINT FOR CORNER; NORTH 01 DEGREES 07 MINUTES 52 SECONDS WEST, A DISTANCE OF 133.17 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET, A CENTRAL ANGLE OF 74 DEGREES 33 MINUTES 23 SECONDS, A CHORD THAT BEARS NORTH 36 DEGREES 08 MINUTES 49 SECONDS EAST, WITH A CHORD DISTANCE OF 133.25 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC DISTANCE OF 143.14 FEET TO A POINT FOR CORNER; NORTH 73 DEGREES 25 MINUTES 31 SECONDS EAST, A DISTANCE OF 28.77 FEET TO A POINT FOR CORNER; NORTH 25 DEGREES 08 MINUTES 12 SECONDS EAST, A DISTANCE OF 327.83 FEET TO A POINT FOR CORNER: NORTH 89 DEGREES 20 MINUTES 23 SECONDS EAST, A DISTANCE OF 200.90 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 39 MINUTES 37 SECONDS EAST, A DISTANCE OF 335.57 FEET TO A POINT FOR CORNER ON A SOUTH LINE OF SAID 280.866 ACRE TRACT, AND THE COMMON NORTH LINE OF AFORESAID MORRIS TRACT; THENCE, SOUTH 89 DEGREES 41 MINUTES 33 SECONDS WEST, ALONG SAID COMMON LINE, A DISTANCE OF 133.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.207 ACRES OF LAND, MORE OR LESS. A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DES RIP/ION/ ` L i Li . /.L �I % Michael J. Baitup /R.P.L.S. JULY 16, 2010 Registered Professional Land Surveyor Texas Registration No. 4574 Jacobs Engineering Group, Inc. •• O F 7950 Elmbrook Dr R ° •., l Dallas, Texas 75429 ° � i � � F° 214- 638 -0145 ' MICHAEL J. BAITUP 4574 .. E P• l •' !?Fe s s % .' 4 q S U R`I5" I: \SLD \C3 X5I 3 \C3X51300 \SDATA \C3X513 EXO9R.doc Page 3 of 4 D2 /I/17N p. 6 /7 CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH , i C1 74'33'23" 50.00' S 36'08'49" W 60.57' 65.06' C2 79'11'49" 210.00' S 38'28'02" W 267.71' 290.27' C3 19'47'09" 410.00' S 87'57'31" W 140.88' 141.58' C4 61'10'26" 340.00' S 67'15'53" W 346.01' 363.01' CS 61'10'26" 400.00' N 67'15'53" E 407.08' 427.07' C6 19 °47'09" 350.00' N 87'57'31" E 120.27' 120.87' C7 79 °11'49" 150.00' N 38'28'02" E 191.22' 207.34' C8 74 °33'23" 110.00' N 36'08'49" E 133.25' 143.14' LINE BEARING DISTANCE SCALE: 1' = 300' L1 S 84'00'27" W 194.82' L2 S 73'25'31" W 28.77' 37 L3 S 01'07'52" E 133.17' L4 S 78'03'57" W 115.87' 280.866 ACRES L13 L5 N 82'08'54" W 268.13' HINES SOUTHLAKE LAND t„ c° 9 L6 S 36'40'40" W 36.13' LIMITED PARTNERSHIP M N , 10 C.C.# D207372094 q�,, LOUIS MORRIS AND L7 N 53'19 20 W 60.00 S D.R.T.C.T. ^'�;' LESLIE MORRIS L8 N 36'40'40" E 36.13' (p Po• P OINT OF VOL. 16242, PG. 133 L9 S 82 °08'54" E 268.13' ,d 4 N BEGINNING D.R.T.C.T. L10 N 78'03'57" E 115.87' •,'p' � , -", L11 N 01'07'52" W 133.17' 9 ..' ti / �-� l L12 N 73'25'31" E 28.77' �(!PA, O et, 3/6 IRF ./ L13 N 89'20'23" E 200.90' - a p a _ 3 6 35 L14 S 00'39�37�" E 335.57' sg�� � ``' C1 Z a).4.. iJ V o L15 S 89°41'33" W 133.14' �, W I- bN H 0 4.207 AC. o c W a CIRS w ro" N t Gy . ---cm. _ --�- L9 C6 1.1 � ry R 0013 a: f r _ g _. o0 w 2 " - G� L5 C3 4.4 z a .J 1 _ 5 :LOCK 1 PROPOSED !j : CARILLON OFFSITE DERRELL E. BURGESS & INFRASTRUCTURE MARTHA JO BURGESS & CHILDREN'S VOL. 15133, PG. 527 MEDICAL CENTER D.R.T.C.T. THE HIGHLAND GROUP ~` E - , - T '�' D /FW- HIGHWAY JOINT VENTURE VOL. P : ..°57 ER : 114 /HIGHLANDS, LTD 8207, PG. 1513 21.‘" `D Y� FC'•. VOL. 10438, PG. 32 D.R.S.`'.T. D.R.T.C.T. . ' MICHAEL J. BAITUP 4574 r- -94,: •.s U RNI Ey - LEGEND D.R.T.C.T. = DEED RECORDS. TARRANT COUNTY. TEXAS P.R.T.C.T. = PLAT RECORDS. TARRANT COUNTY, TEXAS O I.R.F. = IRON ROD FOUND f C.I.R.S. = 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED - JACOBS SET FOR CORNER 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- 0H7149) AND DENTON CORS ARP (PID- DF8986) DATE: 07/16/10 EXHIBIT A SHEET SCALE: 1" = 300' 4.207 ACRES JACOBS DRAWN BY: B.M.Y. DRAINAGE EASEMENT 7950 ELMBROOK DRIVE DALLAS, TX 75247 -4961 4 OF OUT OF THE PHONE 214 -638 -0145 FAX 214 - 638 -0447 CHECKED BY: M.J.B. ABSALOM H. CHIVERS SURVEY ABSTRACT NO. 299 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS I:\ SLD\ C3X513 \C3X51300 \GRA \C3X513EXO9R.dwg D21II1i114 p.1017 MARY 1 )UISE GARCIA .......,,, COUNTY CLERK )1 100 West Weatherford Fort Worth, TX 76196 -0401 ••' PHONE (817) 884 -1195 CITY OF SOUTHLAKE OFFICE OF THE CITY SECRETARY 1400 MAIN STREET 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 5/18/2011 3:25 PM Instrument* D211117916 E 7 PGS $36.00 By: D211117916 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: DBWARD