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Larkin H. Chivers Survey, Abstract No. 300 - Permanent Drainage Easement ORIGINAL DOCUMENT CITY cg SOUTHLAKE Council Action: Y Ord.IRes. No. Date Approved CITY OF SOUTHLAKE PERMANENT DRAINAGE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTYOFTARRANT THAT, HINES -GTIS CARILLON LLC (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 0.046 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 structures will be allowed as needed for future development of the property. • D2111 17q12 p. Icily WITNESS OUR HANDS, this the Zia day of 2011. HINES -GTIS CARILLON LLC, a Delaware limited liability company By: Hines -GTIS Holdings II LLC, a Delaware limited liability company, its sole member By: Hines Southlake Land II Limited Partnership, a Texas limited partnership, its Managing Member By: Hines Southlake Land II 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 Limited Partnership, agent for Hines Holdings, Inc. 41/ By Name: Rob Witte Title: Vice President Address: 2200 Ross Avenue Suite 4200W Dallas, Texas 75201 Attn: Rob Witte ORIGINAL DOCUMENT CITY OF SOUTHLAKE Council Action: Y /© Ord. /Res. No. Date Approved )21111711 2 p.24/, STATE OF TEXAS § I § COUNTY OFJ aL1(a S § This instrument was acknowledged before me on � , 2011, by ' l � ob W , the Vier_ , of Hines 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 corporatio•, imi • d lia• ity company and limited partnerships. S'- a re of Notary 'ublic [ Personalized Notary Seal ] .. �_ LAURA 1 tatE; 4 y ( m sion Expires Jaly21 '012 C'TY OF SOUTHLAKE OFFICE OF THE CITY SECRETARY 1400 MAIN STREET, SUITE 270 SOUTHLAKE, TEXAS 76092 D211!IlqIZ p.34L EXHIBIT A DRAINAGE EASEMENT 0.046 ACRES BEING A 0.046 ACRE DRAINAGE EASEMENT, SITUATED IN THE LARKIN 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 0.046 ACRE DRAINAGE EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE INTERSECTION OF THE PROPOSED SOUTH RIGHT -OF -WAY LINE OF E. KIRKWOOD BOULEVARD (A VARIABLE WIDTH RIGHT -OF -WAY) AND THE PROPOSED WEST RIGHT -OF -WAY LINE OF RIVIERA LANE (A 96' RIGHT -OF -WAY); THENCE, OVER AND ACROSS SAID HINES SOUTHLAKE LAND LIMITED PARTNERSHIP AND ALONG THE PROPOSED WEST RIGHT -OF -WAY LINE OF SAID RIVIERA LANE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 51 DEGREES 17 MINUTES 02 SECONDS EAST, A DISTANCE OF 28.28 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; SOUTH 06 DEGREES 17 MINUTES 02 SECONDS EAST, A DISTANCE OF 373.15 FEET TO THE POINT OF BEGINNING; THENCE, SOUTH 06 DEGREES 17 MINUTES 02 SECONDS EAST, CONTINUING OVER AND ACROSS SAID HINES SOUTHLAKE LAND LIMITED PARTNERSHIP AND ALONG THE PROPOSED WEST RIGHT -OF -WAY OF SAID RIVIERA LANE, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER FROM WHICH A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER BEARS SOUTH 06 DEGREES 17 MINUTES 02 SECONDS EAST, A DISTANCE OF 418.90 FEET; THENCE, CONTINUING OVER AND'ACROSS SAID HINES SOUTHLAKE LAND LIMITED PARTNERSHIP, THE FOLLOWING COURSES AND DISTANCES: SOUTH 83 DEGREES 42 MINUTES 58 SECONDS WEST, A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER; NORTH 06 DEGREES 17 MINUTES 02 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER; NORTH 83 DEGREES 42 MINUTES 58 SECONDS EAST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.046 ACRES OF LAND MORE OR LESS. A PARCEL PLAT OF EQUAL ATE HEREWITH ACCOMPANIES THIS PROPERTY DES RIP IO &if V/ Michael J. Bait p, R.P.L.S. Registered Professional Land .�F.. T Texas Registration No. 4574 p • S T �,•� Jacobs Engineering Group, Inc. e�' �,; ' �i 7950 Elmbrook Dr Dallas, Texas 75429 MICHAEL J. BAITUP 214-638-0145 7.s. 45 40.. 4P •. '• ° FE S •. % ° • S U R 15 Page I of t D21!!! 7912 p. 4 11 I:\ SLD\ C3X5131C3X51300 \SDATA \C3X513EXOl.doc 'J L PROPOSED E KIRKWOOD B °ULEVAW � POINT OF _ -- (VARIABLE WIDTH RIGHT -OF- COMMENCING ' CIRS' r L5 a CIRS / I SCALE: 1' = 100' r 1 1- --\ 1 1 o 2 J— 1J1 m 7 o �, rn a 1 3 1 J 3 or co„ 7) I 18 NINES SOUTHLAKE , '1 z 0 \ 4 PROPOSED LAND LIMITED PARTNERSHIP -� v o — CARILLON C.C.# D207372094 w ° r o r m r 5 PHASE 1A -- 1 D.R.T.C.T. �, ° I 17 z _- I m v rrt � ____. —1 s v���� 7 1 1 16 1 cgs P° 1 —1 �, . G G� 4 0.046 L4 BEGINNING NG 8 15 r- ar R �( P� \ � Rp ' ACRES — --A 1 1 LZ 14 10 j 1 11 _______\ V \ LINE BEARING DISTANCE L1 S 06'17'02" E 50.00' \ \ L2 S 83'42'58" W 40.00' in �. L3 N 06'17'02" W 50.00' 01 .. 0...0 F ., Te L4 N 83'42'58" E 40.00' a . „ , 9 • L5 5 51'17'02” E 28.28' 0 '''S Q 1 .0 N r*1 MICHAEL J. BAITUP 4574 P. LEGEND .' s s o ; : `O - \ ��D �SUR`I D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS C.I.R.S. = 5/8" CAPPED IRON ROD SET WITH 0 CIRS / r YELLOW PLASTIC CAP STAMPED "JACOBS" 1 BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2 DETERMI ED BY GPS OBSERVATIONS ON JULIAN DAY 213, 2006 CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID- DF5387), SAGINAW TX CO'S ARP (PID- IH7149) AND DENTON CORS ARP (PID- DF8986) GATE: 01/13/10 E X H 1 B I T A SHEET SCALE: 1" = 100' 0.046 JACOBS S ACRES 7 950 ELMBROOK DRIVE DALLAS, TX 75247 -4961 DRAWN BY: S.C.O. DRAINAGE EASEMENT PHONE 214- 638 -0145 FAX 214- 638 -0447 2 OF 2 IN THE CHECKED 8Y: M.J.B. LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS I:\ SLO\ C3X513 \C3X513O01GRA \C3X513EX01.dwg, 1/13/2010 8:27:31 AM D2111179/2 p.546 MARY L.Q.UISE GARCIA «•». r COUNTY CLERK spa `, 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 #: D211117912 E 6 PGS $32.00 By: D211117912 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