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Thomas Easter Survey, Abstract No. 474 (Beech) - ROW OFFICIAL RECORD • • THE STATE OF TEXAS § § AVIGATION EASEMENT AND § RIGHT -OF -WAY COUNTY OF TARRANT § RECITALS A. � ol� ✓� Ed vI ct gees' k and (V?1'6 14.eci ¢ e KeriJr;c. ( "Owners ") presently own that certain land situated in the City of Southlake (the "City "), more particularly described on Exhibit A attached hereto and incorporated herein by reference for all purposes (the "Land "). The Land is located in the proximity of the Dallas/Fort Worth International Airport (the "Airport"), which is jointly owned by the City of Dallas, Texas ( "Dallas "), and the City of Fort Worth, Texas ( "Fort Worth "), and which is operated partially under the direction of the Federal Aviation Administration (the "FAA "). B. As used herein, "Aircraft" means and includes any contrivance now or hereafter existing, invented, designed or used for navigation of or flight in the air, together with all contents thereof. As used herein, "Easement Area and Right -of -Way" means and includes the air space above the Land from a height of 1000 feet above mean sea level to an infinite height. As used herein, "Grantees" means and includes the City; Dallas and Fort Worth; the Airport, its employees, agents, representatives, successors and assigns; the FAA or any successor entity performing air traffic control functions; and all owners, operators and users of Aircraft now, in the future and from time to time involved with the operation and use of Aircraft in the Easement Area and Right -of -Way. C. It is in the best interest of the public and the current and future owners of the Land to provide public notice of the potential impact on the Land of Aircraft overflights at the Airport. D. Owners have applied to the City for approval of a plat for the Land (the "Plat Approval "). Since the continued operation of Aircraft in the Easement Area and Right -of -Way is in the public interest, the City has required Owners to execute and deliver this Avigation Easement and Right -of -Way to facilitate and protect the continued operation of Aircraft in the Easement Area and Right -of -Way. AGREEMENTS NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT: 1. Consideration. The granting of the Plat Approval by the City is conditioned upon the execution and delivery of this Avigation Easement and Right -of -Way. Owner expressly acknowledges and agrees that: (i) the Land is currently subject to Aircraft overflight in the Easement Area and Right -of -Way; (ii) the granting of the Plat Approval on the Land is reasonably conditioned 20 1013 • upon the execution and delivery of this Avigation Easement and Right -of -Way; and (iii) the Grantees are relying and are entitled to rely upon this Avigation Easement and Right -of -Way. 2. Grant. Owners do hereby SELL, GRANT, ASSIGN and CONVEY to the Grantees a perpetual easement and right -of -Way for Aircraft use, operation, avigation, passage and flight in, to and through the Easement Area and Right -of -Way and for Aircraft noise, vibrations, fumes, dust, fuel, fluids and lubricant particles and all other effects of Aircraft use, operation, avigation, passage and flight in, to and through the Easement Area and Right -of -Way. TO HAVE AND TO HOLD said perpetual easement and right -of -way in, to and through the Easement Area and Right -of -Way and all rights appertaining thereto unto the Grantees forever. 3. Binding Effect / Covenant Running with Land. This Avigation Easement and Right - of -way is an instrument and covenant running with the Land and is binding upon Owners and all future Owners of any interest in the Land and all of Owners' and all of future Owners' tenants, licensees, customers and invitees. This Avigation Easement and Right -of -Way inures to the benefit of the Grantees and their respective heirs, devisees, personal representatives, successors and assigns. This Avigation Easement and Right -of -Way is intended and shall be construed to apply and inure to the benefit of all public authorities and all entities operating or involved in the operation of Aircraft now, in the future or from time to time, including those operating Aircraft at the Airport or using the Airport, whether or not expressly named or designated in this Avigation Easement and Right -of -Way. Owners specifically agree that the execution by any of the Grantees enumerated herein of any assignment or assignments of the terms of this Avigation Easement and Right -of -Way to any other public authority or Aircraft operator shall extend the terms of this Avigation Easement and Right -of -Way to any such assignee as if such assignee was expressly enumerated herein as being among the Grantees without extinguishing any of the terms of this Avigation Easement and Right -of- Way with respect to any of the Grantees enumerated herein. This Avigation Easement and Right -of- Way is intended and shall be construed to apply to the use, operation, avigation, passage or flight of Aircraft in, to and through the Easement Area and Right -of -Way to or from the Airport as the Airport now exists or as the Airport may change in the future, including, without limitation, future changes or increases in the boundaries of the Airport, volume of operation of the Airport and noise or pattern of Airport traffic to or from the Airport. 4. Severability. The terms and provisions of this Avigation Easement and Right -of -Way shall be deemed to be severable, such that if the validity of any portion of this Avigation Easement and Right -of -Way shall be declared invalid, such declaration shall not affect the validity of the remaining terms and provisions of this Avigation Easement and Right -of -Way and the same shall be deemed to remain in full force and effect. 11820 101 • /Owner's ignature(s) T© AM) . E EC. H T DA) fl REcC f Printed Nan{e(s) STATE OF TEXAS § COUNTY OF TARRANT § This instrument was executed and acknowledges, ore me on this the /OA day of fJo. /e ,Lt 0-C , 1994, by 3 ei:ek %e-c- r Notary P ic, °Par TOM ELGIN ; State o exas * Notary Public ■ `r , Go STATE OF TEXAS of My Comm. Exp. 04/25/98 ■ 44 /). dA Owner's Signature(s) / re /( /7. e,v tL . - I - e,t/'e )-/C Printed Name(s) STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was executed and acknowledged before me o '' n this the / 7 day of It,'�+v'a rnb < >r , 1994, by VY k �,cke 0, 4ev■cl r ,c k F Bose y h r tc Notary Public, State of Texas tiPaY N9( BOBBYE LYNN SHIRE 2 �► ° Notary Public * / STATE OF TEXAS N 06 /t 6/98 rq - o MY Comm. Exp. \ 8 20 1015 GRANTORS: jCCO t<►: I 1 U eve . c/ Corookpd La" 600A lake %X 1,c92 > /'1a�e / 7 ? 760 f2 ► RETURN TO: City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Avenue Southlake, TX 76092 1 1 8 20 1016 Exhibit 'A' STATE OF TEXAS COUNTY OF TARRANT THAT WHEREAS, Johnny L. Beech and wife Edna E. Beech are the owners of a tract of land in the Thomas Easter Survey, Abstract No. 474, situated in Tarrant County, Texas, and being a portion of the tract described in deeds of record in Volume 9519, Page 699 and Volume 8389, Page 1413, Deed Records, Tarrant County, Texas, and THAT WHEREAS, Mickey Kendrick and wife Rose Mary Kendrick are the owners of a tract of land in the 'Thomas Easter Survey, Abstract No. 474, situated in Tarrant County, Texas, as described in a deed of record in Volume 9618, Page 543, and V0111me 1 177 2 , .Page 2031 , Deed Records, Tarrant County, Texas, said tracts and portions being contiguous are considered herein as one tract and is more particularly described by metes and bounds as follows: COMMENCE at a fence corner, said point being, 4.0 feet East of a set stone under fence and being, by deed call, 1095.6 feet East of the most Westerly Southwest corner of said Easter Survey, thence S. 89 - 51' W. 606.9 feet with the general course of a fence to,a h" iron found at the Southeast corner of the tract described in Volume 9618, Page 543, above referenced for the POINT OF BEGINNING of the herein described tract; THENCE S. 89° - 50' - 00" W. 74.00 feet to a li" iron found at the Southwest corner of the last referenced tract; THENCE N. 21 - 56' - 08" W. 219.07 feet along the West line of the last referenced tract to a l" iron found at the Northwest corner of same in the Southeasterly line of Crooked Lane; THENCE with said Southeasterly line the following courses and distances: N. 54° - 12' - 00" E. 75.30 feet to a l" iron found, N. 44 - 35' - 00" E. 77.20 feet to a l ". iron found and N. 33 - 11' - 00" E. 74.19 feet to a 5/8" iron found at the most Northerly corner of the last referenced tract; THENCE continuing along said Southeasterly line of Crooked Lane and the _ Northerly line of tract described in Volume 8389, Page 1413, above referenced, the following courses and distances: N. 33° - 11' - 00" E. 78.11 feet to .a l" iron set in same, N. 39 - 21' - 00" E. 135.00. feet to a l" iron set in same, N. 37 - 01' - 00" E: 124.01 feet to a h" iron set at the most Northerly corner of the last referenced tract, said point being, at the intersection of said Southeasterly line of Crooked Lane and the West R.O.W. line of Whispering Wood Circle; THENCE S. 11 - 46' - 00" E. along said R.O.W. line 290.10 feet to a 11" iron found in same, said point being the PC of a curve to the Left having a radius of 60.00 feet and whose long chord bears S. 1 - 31' - 24" W. 87.35 feet; THENCE with the arc of said curve 97.83 feet to a iron found in same, said point being the most Southeasterly corner of the tract described in Volume 9519, Page 699, above referenced; THENCE S. 44 - 48' - 46" W. 368.73 feet along a Southerly line of the last referenced tract to the POINT OF BEGINNING and containing 2.96 acres. 1 18 20 1017 D194265065 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 - W A R N I N G - T H I S IS PART OF THE OFFICIAL RECORD - -D 0 NOT D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD -BY PRINTED DATE TIME 195059889 DR91 T003957 12/14/94 11:37 INSTRUMENT FEECD INDEXED TIME 1 D194265065 WD 941214 11:37 CG T 0 T A L: DOCUMENTS: 01 F E E S: 17.00 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. 11820 1018