J.J. Feshour Survey, Abstract No. 521 (Lot 8B) - ROW C{P/ 2001- ROW - 037 -TA
,tk ROW 3Z
• CITY OF SOUTHLAKE
RIGHT -OF -WAY DEDICATION INSTRUMENT
STATE OF TEXAS § °MIG/ `�
�
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, we, Robert
K. and France Phillips ('DEDICATOR'(S)), of Tarrant County, Texas, as the owner of
that certain tract of land in the City of Southlake, 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 the "Drawing of Exhibit A ", 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 DEDICATOR(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.
DEDICATOR covenants and agrees that DEDICATOR and DEDICATOR'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 land and forever be a right in and to the land
Page 1 of 4
200'i-ROW-037-TA
ROW -37
belonging to DEDICATOR, and DEDICATOR "S successors and assigns, and said grant
is expressly excepted from any right of reversion of said premises under any prior
deeds in DEDICATOR'S chain of title. The permanent right -of -way and easement rights
and privileges granted therein are exclusive, and DEDICATOR covenants that it will not
convey any other easement or conflicting rights within the area covered by the grant to
any other person.
ct
WITNESS MY HAND this the day of _ , 2001.
By: 4
B.��.��� (. VIA__.0
By: 0
STATE OF TEXAS Q�
COUNTYOF IC z-Ve ;!� §
BEFORE ME, the undersigned authority in and for
14vcc, County,'a (State), on this day personally appeared > &,+ k.PlNll�p:
�ti 0 k.1■, D5 known to me (or proved to me on the oath of or
through (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 the 4' day of 4c-tit},
, 2001.
U
Notary Public for the State of -1 -
J t\c kig
Printed or typed name of Notary \
7 1"."'". . AN HORD ACREY OTARY PU B LIC State of Te xas Exp. 11 -07 -2005
Page 2 of 4
Memorandum of Agreement
ROBERT K. AND FRANCES PHILLIPS, referred to in this Memorandum as
- "Grantor", agrees to grant to the City of Southlake, Texas, "Grantee", a Right-of- Way across
:Grantor's property located in Tarrant County, Texas. This property more particularly described
in the attached Exhibit A to this Memorandum.
IT IS AGREED that the consideration for the execution and acceptance of the easement
is $7064.00 cash.
**See attached addendum
SIGNED between the parties on this the day of , 200A
GRANTOR:
By: d /ea-c,s1 — ' A i)s(i+4
Robert K. Phillips
B y:
Frances Phillips
GRANTEE: City of Southlake
By:
a pp40 ch-la
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Aenew-ryura-rd-ei V
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ADDENDUM
Parcel 37- Johnson Road
2260 Johnson Road
Southlake, TX 76092
The City of Southlake shall:
4; 1.) Pave both drive approaches using culverts where necessary. The most western drive
will start at the owner's property line as to eliminate the necessity of taking leiarge
trees identified as trees number 38 and 39.
2.) Give a $1300.00 credit toward a Sewer Participation fee.
2001- ROW-037-TA
ROW -37
EXHIBIT "A"
C w
BEING a tract of land out of the J. J. Freshour Survey, Abstract No. 521, City of Southlake,
Texas, and being part of 2.20 acre tract of land conveyed to Robert K. and France Phillips
: as recorded in Volume 10487, Page 482 of the Deed Records of Tarrant County, Texas
(DRTCT), and being more particularly described as follows:
. 3
BEGINNING at a found 1/2 -inch iron rod located at the intersection of the north line of
Johnson Road, a variable width right -of -way, and the west line of Randol Mill Avenue
(F.M. 1938), a variable width right -of -way, for the southeast corner of said 2.20 acre tract;
THENCE South 88 degrees 48 minutes 42 seconds West, along the north line of said
Johnson Road and the south line of said 2.20 acre tract, for a distance of 266.03 feet to
the southwest corner of said 2.20 acre tract;
THENCE North 00 degrees 06 minutes 11 seconds West along the west line of said 2.20
acre tract, for a distance of 3.61 feet to a point for a corner;
THENCE North 85 degrees 23 minutes 10 seconds East for a distance of 35.35 feet to
a point for a corner;
THENCE North 88 degrees 22 minutes 04 seconds East for a distance of 120.83 feet to
a point for a corner;
THENCE North 88 degrees 55 minutes 31 seconds East for a distance of 99.96 feet to
a point for a corner;
THENCE North 44 degrees 57 minutes 46 seconds East for a distance of 14.15 feet to
a point for a corner in the west line of said Randol Mill Avenue and the east line of said
2.20 acre tract;
THENCE South, along the west line of said Randol Mill and the east line of said 2.20
acre tract, for a distance of 14.52 feet to the POINT OF BEGINNING and containing
1,578 square feet or 0.0362 acres of land more or Tess.
Page 4 of 4
N88'48'52 "E 266.67'
(N89 " 267.10') _----- - - - - --
2001- ROW- 037 -TA
I i \ i
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I
i � V FUTUR x 140' RrOYV.
Z • Z'p - F.M. 1938 1
I I I
WI •
o ! j -
% , x z, o
w (' ° i ROBERT K. & FRANCE PHILLIPS w I
a Q ! VOL. 10487, PG. 482 i Q I =
cr In 2.20 ACRES I x I _1 ' o
'` N o "' ■ AREA REMAINING 2.16 ACRES ! —' I � '
Y ^ _ ! MAILING ADDRESS: i 21 w'.
° • I- ' 2260 JOHNSON ROAD I -J
z- ° a � SOUTHLAKE, TEXAS 76092 x ! o , - • a
a, Z I CC1 >
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HOC "" ,
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N85'23'10 °E i IM I
35.35
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i I II-I-
TRACT ROW -37 !_ D I
in 1
1,578 SO. FT. N44'57'46 "E 10 o .
0.0362 ACRES ; 14.15' ' ! N (x) X 14 52'
I , I
N88'22'04 ° E 120.83 . : jv2' I SR N89'55'3 "E : 9996 FOUND
.. ...,.a t� ; ,_
' - , T
- � 8 $ 4 2 1 . _26x,03 ._ i _ O IN K - ' OF
50 +00 " 1 +00 JOH SON ROAD __544-0_10 53 BEGI
-+ I (VARIABJE WIDTH R,:O.WJ
STA 51 +95.70 ' P 4 ,h
Q5:28
.I. \. Y ,----x x x x —!'-fi
PROOSED EXISTING \ FIR 1
LOT 2 1 PAVING I FENCE (TYP) I I I I
x i THOMAS D. TRAWICK i !.
THOMAS D. & PAMELA D. 1 I LOT 4 1
I VOL. 6700, PG. 891 d
LOT 3 D.R.T.C.T. Csj •
VOL. 6700, PG. 889
DRAKE ESTATES ADDITION .R.T.C.T. DRAWING OF EXHIBIT 'A° Q
VOL. P.R.T?C.T 0.0362 ACRE RIGHT -OF -WAY (ROW -37)
OUT OF THE J.J. FRESHOUR SURVEY, A -521 A 1 -
NOTE: CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS �E 0 F ? �r \
( ) = DEED CALL HALFF ASSOCIATES I �.° sFR
(<, ' y,&
4000 FOSSIL CREEK BLVD. A `O: 4- ..-"7 ,
FORT WORTH, TEXAS 76137 < JERRY L. LEHEW
I, Jerry L. Lehew, Registered Professional Land Surveyor, do hereby certify ■ . -o c f
that this plat was prepared from a survey made on the ground y':4 3 8 9 7 Q: o if
under my supervision. 1 % I. s S \ o ■
GIVEN UNDER MY HAND & SEAL th the /0 771 day of ....)41e.. 9 )/ ,2001 ` U � ,
BY: 60 0e )
Jerry IL. Lehew
Registered Professional Land Surveyor 0 25 50 100 150
State of Texas No. 3897 I '
\19832 \ don \row \, DCN =parce137.dgn, REF= PARCEL37.dpn, SCALE IN FEET
D202106863
CITY OF SOUTHLAKE
1400 MAIN ST, 320
'F SOUTHLAKE TX 76092
-WA RNING-THIS IS PART OF THE OFFICI;L RECORD--D 0 NOT D E S T R O Y
INDEXED--TARRANT COUNTY TEXAS
SUZANNE HENDERSON-- COUNTY CLERK
OFFICIAL RECEIPT
T 0: METROPLEX TITLE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
202236623 DR93 CB 04/18/2002 08:27
INSTRUMENT FEECD INDEXED TIME
1 D202106863 WD 20020418 08:27 CG
T OTAL: DOCUMENTS: 01 F E E S: 19.00
B 41.7.71.111.614*-„,
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.
OW21202
r r
RIGHT OF ENTRY AGREEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTYOF TARRANT §
That Mr. & Mrs. Robert Phillips, 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 to GRANTEE a right of entry fir the purpose of:
Installation of utilities related to the improvements to the Johnson Road project and the construction of
such Johnson Road project
in, into, upon, over, across, and under certain land in Southlake, Texas, more particularly describedin Exhibit "A ",
attached hereto and incorporated herein by reference (hereinafter called the PROPERTY). This Right of Entry shall
remain in effect until the completion of construction of Hillside Sanitary Sewer project or one year from the
execution date of this agreement, whichever occurs first. 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, agent, 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 ani
appurtenances thereto, anywise belonging unto the said GRANTEE, its successors and assigns, for the purposes set
forth above.
EXECUTED this the 1 day of , 20
GRANTORS: . e,t //
1 %
ACKNOWLEDGEMENT
STATE OF TEXAS §
--------, A
COUNTYOF UP 7th-- §
BEFORE ME, the undersig ed ut on � d f 4 �' County, \ (State), on this day
personally appeared �� ■-t k , C---1> t as of the
known to me (or proved to me on the oath of or through
O(;- C' qg`75 /3 - (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 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 the ` day of
C , C
•
J
SUSAN HORD ACREY Notary Public for the State of \ �-:
' „, \�\ NOTARY PUBLIC
* %„ State of Texas
: i',49 5 comm. Exp. 11-07 -2005
ACKNOWLE\DGEMENT
STATE OF TEXAS §
COUNTYOF \() t? i C'z . § n
BEFORE ME, the undersigns authority in an C - 'h 0 `�L'- - ' County, \eX.O. (State), on this day
_A
personally appeared ` At-<'s2S t as of the
known to me (or proved to P me on the oath of or through
7/) C UCH 973 & 79- (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 executed the same for the purposes and consideration
therein expressed and in the capacity therein stated.
0
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the • day of
-----.... :E3CC.__.
-- (. 1 _ , -Q (A.— j t ( C-• ) sk)a
Notary Public for the State of �an
RY ° ;e•.. SUSAN HORD ACREY
� , . ,1 - \ NOTARY PUBLIC
s* ��.` 4 State of Texas
NZ- 6f
47 Comm. Ex;; 11 -07 -2005