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Item 4KCITY OF SOUTHLAKE MEMORANDUM (June 5, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1035, 1st Reading, Adopt an ordinance to transfer ownership of property and utility easements for the Trinity River Authority Kirkwood Lift Station and Force Main to the Trinity River Authority. Action Requested: Ordinance No. 1035, 1st Reading, Adopt an ordinance to transfer ownership of property and utility easements for the Trinity River Authority Kirkwood Lift Station and Force Main to the Trinity River Authority. Background Information: In 1994 the City of Southlake entered in to an agreement with Espey, Huston and Associates to assist in the acquisition of the necessary properties and easements for the construction of the Trinity River Authority's (TRA) Kirkwood sanitary sewer lift station and force main to pump and transport the waste water from the northern drainage basins of Southlake to the Trinity River Authority's Denton Creek treatment plant. The service area for the City of Southlake is shown on the attached drainage area map. Following the construction of the Kirkwood lift station and force main the ownership of these properties and easements were to be transferred to TRA since they own and have permanent maintenance responsibility for these facilities. The purpose this ordinance is to finalize this transfer of ownership in order for TRA to have the proper authority to operate and maintain the pump station and force main. Staff recommends that the City Council approve Ordinance No. 1035. Financial Considerations: None. Strategic Link: The easement transfer link's to the City's strategy map relative to performance management and service delivery by improving performance delivery and operational processes. Citizen Input/ Board Review: None Legal Review: The ordinance has been reviewed by the City Attorney's office. Alternatives: The City Council may approve Ordinance No. 1035 or deny it. Staff Recommendation: Ordinance No. 1035, 1st Reading, Adopt an ordinance to transfer ownership of property and utility easements for the Trinity River Authority Kirkwood Lift Station and Force Main to the Trinity River Authority. Supporting Documents: Drainage Area Map Lift Station and Force Main Map Table of Parcels Ordinance No. 1035 Assignment of Easements and Right of Way Property Deeds and Easement Documents Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Deputy Director of Public Works - Operations I Ph S ewer i age B a t ns_ s r J � F — ■ I r� *fir -+yam � cd � •� _� The area shaded in green is the part of Southlake which is served by the Trinity River Authority's Kirkwood Lift Station which pumps waste water to the Denton Creek Treatment Plant. E Qa LU 0 0 E co 0 in eta g Tea O L1 . k U ill Cl) N fu (L QI U c 0 C (D O O O 9 U- �� Ud H 3DW fib . k U ill Cl) N fu (L QI U c 0 C (D O O O 9 �� d fib . k U ill Cl) N fu (L QI U c 0 C (D O O O 00 co r- rQ WD r-i 3 u O o N d. � M Lf.1 0 Q x x x x x rn Lu L La et cl• O > x x x x x x x Z O p O o 0 O 0 O o O C C C C c C O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CD O Ln N N N N N a � m w �D kD w c cfl 40 l�3 U D lO Eo lD 6i rn of rn m m m rn rn rn rn cr rn in M rn © ti rn s rn rn rn � o U.1 Q ct M M M M M c} a -Y -X Y Y .Y Y fG {p fG (0 (II (6 f6 fG7 fq ur a m = = = s LU o o Q 0 0 a 0 0 0 0 0 O 0 C7 V U U V Q v J cu ? 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O L a O a® 0 a n s r�vlQ 1 N D N Ln / \ k m \ k / § q ? / / / E k / E 2 G a \ . \ $ A q f � x x x x _ m m e k ƒ � k x x x x 2 2 2 k / z z / c S_ M in a \ k k \ k \ \ \ � m m -4 £ LL \ m K $ m m ® � o � 2 2 2 2 2 2 2 2 2 3 o 2 @ / / \ \ / / z 0 o 0 o 0 0 G 3 q v 3 / / / C� ƒ m E / ) 5 § ra % k 2 2 5 c o ± ± u CL » � o g ± to g m � v f£ 7# ± I/ / 0 < E 3 / ai / u 2 R / 2 3 \ \ e \ E ° / / M p R t » / \ 4 ® E m c k / k Zn @ q / k � US k m \ • _ / D \ / \ CL. LA 6# a. u a- k & Ln w# / 0 \� 2� / \ \ _ _ q #� t # i u / \ ; m� m �, is 0- 11 i 0 CL Ordinance No. 1035 ORDINANCE NO. 1035 AN ORDINANCE TRANSFERRING OWNERSHIP OF PROPERTY AND UTILITY EASEMENTS DESCRIBED IN THE ATTACHED EXHIBITS TO THE TRINITY RIVER AUTHORITY OF TEXAS; AUTHORIZING THE MAYOR TO EXECUTE ASSIGNMENT OF EASEMENTS AND RIGHTS -OF -WAY AND DEEDS RELEASING CITY'S INTEREST OF THESE PROPERTIES AND EASEMENTS; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ( "the City ") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City of Southlake acquired property and easements necessary for the construction of the Trinity River Authority of Texas Kirkwood Lift Station and force main to provide wastewater service to the north drainage area of the City of Southlake; and WHEREAS, the Trinity River Authority of Texas, a conservation and reclamation district created by and functioning under Chapter 518, Acts of the 54 Legislature of the State of Texas; and WHEREAS, the Trinity River Authority of Texas owns, operates and maintains the Kirkwood Lift Station and force main under contract with the City of Southlake; and WHEREAS, the transfer of the property and easements will provide the Trinity River Authority of Texas the proper authority to operate and maintain the facilities therein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The deeds and easement records attached hereto and incorporated herein, were acquired for the purpose of constructing the Trinity River Authority Kirkwood Lift Station and Forced Main to provide waste water service to the north drainage areas of the City of Southlake. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute ASSIGNMENT OF EASEMENTS AND RIGHTS -OF -WAY and DEEDS for 1 Ordinance No. 1035 the above mentioned properties in Section 1 to the following entity: Trinity River Authority of Texas, 5300 South Collins St., Arlington, Texas 76018 SECTION 3 Copies of said Assignments of Easement and Rights -of -Way and Deeds shall be presented for filing with the County Clerks of Tarrant County and Denton County, Texas by the office of the City Secretary. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 This Ordinance shall be in full force and effect from and its passage, and it so ordained. 2 Ordinance No. 1035 PASSED AND APPROVED ON FIRST READING ON THIS 5th DAY OF JUNE, 2012. MAYOR ATTEST: CITY SECRETARY /ALICIA RICHARDSON PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2012. MAYOR ATTEST: CITY SECRETARY /ALICIA RICHARDSON EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 9 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Denton Creek Regional Wastewater System Denton Creek Pressure System Phase III Project ASSIGNMENT OF EASEMENTS AND RIGHTS -OF -WAY THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF TARRANT AND DENTON § That the CITY OF SOUTHLAKE, TEXAS, a home -rule municipal corporation, in the Counties of Tarrant and Denton, State of Texas, ASSIGNOR herein, for and in consideration of TEN DOLLARS and other good and valuable consideration in hand paid by the TRINITY RIVER AUTHORITY OF TEXAS, a conservation and reclamation district created by and functioning under Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended pursuant to Article XVI, Section 59 of the Texas Constitution, with its principal office at 5300 South Collins Street, Arlington, Tarrant County, Texas 76018, ASSIGNEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, by these presents does assign, transfer, and convey unto ASSIGNEE, its successors and assigns, all of ASSIGNOR'S right, title and interest in and to those lands, easements and rights -of -way situated in Tarrant County and/or Denton County, Texas, more particularly described in the documents being recorded in the Deed Records as indicated in the table below: PARCEL # COUNTY WHERE COUNTY CLERK RECORDED VOLUME /PAGE AND /OR INSTRUMENT NUMBER 1 Denton V.4547/P.0626 #00- R0023322 7 Denton #96- R0042830 8 & 27 Denton V.4469/P.1349 #99- 80116729 8 & 27 Denton V.4153/P.01563 #98- 86073068 9 Denton V.4113/P.00250 #98- R0051538 10 Denton V.4469/P.1341 #99- R0116728 11 & 12 Tarrant V.12345/P.1056 #D- 196080986 13 Denton #96- R0061617 PARCEL # COUNTY WHERE COUNTY CLERK RECORDED VOLUME /PAGE AND /OR INSTRUMENT NUMBER 14 Tarrant V.136791P.124 #D199048044 Denton V.4285/P.01377 #99- R0018457 16 Tarrant V.13679/P.130 #D199048050 17 Tarrant #D199048048 18 Tarrant V.13679/P.127 #D199048047 19 Tarrant V.136791P.126 #D199048046 21 Tarrant V. 1 36791P. 125 #D199048045 24 Denton V.4131/P. 01285 #98- R0060893 25 Denton V.4113/P.03281 #98- R0051537 26 Denton V.41531P.01555 #98- R0073067 TO HAVE AND TO HOLD the above - described permanent easements, and rights - of -way together with all and singular the rights and appurtenances thereto, anywise belonging unto the said ASSIGNEE, its successors and assigns forever; and ASSIGNOR does hereby bind itself, its successors and assigns, to warrant and to forever defend all and singular the said rights unto the ASSIGNEE, its successors and assigns, against every person whomsoever lawfully claiming or to claim same or any part thereof. WITNESS MY HAND this the day of , 2012. CITY OF SOUTHLAKE, TEXAS M Title: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority on this day personally appeared (Name and Title) of the CITY OF SOUTHLAKE, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2012. Notary Public in and for the State of Texas (Seal) 3 NOTICE OF CONFIDENTIALITY OF RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Denton Creek Regional Wastewater System Denton Creek Pressure System Phase III Project DEED WITHOUT WARRANTIES Date: , 2012 Grantor: City of Southlake, Texas, a home -rule municipal corporation Grantor's Mailing Address: 1400 Main Street Southlake, Texas, Tarrant County, 76092 Grantee: Trinity River Authority of Texas, a conservation and reclamation district created by and functioning under Chapter 518, Acts of the 54 Legislature of the State of Texas, Regular session, 1955, as amended, pursuant to Article XVI, Section 59 of the Texas Constitution Grantee's Mailing Address: P.O. Box 60 (including county) Arlington, Tarrant County, Texas 76004 Consideration: Ten and No1100 Dollars ($10.00) and other good and valuable consideration. Fee Simple Property (including any improvements): Situated in the City of Southlake, Tarrant County, Texas, and being a 13,086 square foot parcel of land out of the R. D. Price Survey, Abstract No. 1207, said parcel of land being conveyed to the City of Southlake, Texas by special warranty deed as recorded as Instrument D199048051 of the Deed Records of Tarrant County, Texas, said property being herein more particularly described in Exhibit "A," attached hereto and made a part hereof. Reservations from and Exceptions to Conveyance and Warranty: All presently recorded easements, restrictions, reservations, covenants, conditions, mineral severances and other instruments, other than liens and conveyances that affect the property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to Page 1 claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. EXECUTED this day of 2012. CITY OF SOUTHLAKE, TEXAS BY: TITLE: ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF M Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of Given under my hand and seal of office this day of 2012. Notary Public, State of Texas Page 2 Pump Station Site FN 0 R.D. Price Survey, Abstract No. 1207 EH &A Jab No. 16156 -01 " 0.30D Acres Revised November 21, 1995 t EXHIBIT "A" e. DENTON CREEK REGIONAL WASTEWATER SYSTEM x. DENTON CREEK PRESSURE SYSTEM PHASE IIllKIRKWOOD BRANCH PUMP STATION PARCEL NO. 20 BEING A PUMP STATION SITE SITUATED IN THE REMAINDER OF A CALLED 315.691 -ACRE TRACT OF LAND DESCHIBED IN DEED TO MTP -IBM PHASE 11 AND III JOINT VENTURE (TRACT ONE "A ") AS RECORDED IN VOLUME 8995, PAGE 1268, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (DRTCT), AND BEING SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING for referance at a found 3/4" iron pipe for the northeast corner of said 315.691 -acre tract and being in the west line of White Chapel Road (a variable width right -of -way); THENCE S 02° 11' 25" E, along the east line of said 315.691 -acre tract and the west line of White Chapel road, a distance of 85.06 feet to the POINT OF BEGINNING; THENCE continuing along said common line, the following two (2) courses and distances: (1) S 02° 11' 25" E, a distance of 22.75 Feet, and (2) S 26 1 56'00" E, a distance of 86.61 feet; THENCE 5 89° 56'04" W, leaving said common line and crossing said 315.691 -acre tract, a distance of 154.97 feet to an angle point; THENCE N 00° 03' 56" W, a distance of 100.00 feet to an angle point; THENCE N 69° 56' 04" E, a distance of 114.99 feet to the POINT OF BEGINNING and containing 0.300 acres of land or 13,006 square feet, more or less. SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT, Company Name:, Espey, Huston & Assg_piates Surveyor's Name: G. Dennis Qu alls Registered Professlonal Land Surveyor, Texas No. 4276 Date of Survey: October, 1993 � � ON DENNIS QUALLS Page 1 of 1 Su ftvCi ; ' .R.D. PRICE SURVEY, A -1207 �� U O M I - l ' ]N: TARRANT COUNTY, TEXAS 1EASEMENT ACQUISITION "A" 0.300 AC. 13086 SO: FT. WHOLE PROPERTY ACREAGE: 312.218 AC. PLAT OF EXHIBIT "A" w. VIEDLIN SURVEY ABSTRACT NO. 1058 POC 'A' FIP S /4" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SY5TEA PHASE III <IRKWOOD BRANCH PUMP SfAT10 PARCEL NO. 20 CITY OF SOUTHLAKE. 667 NORTH CARROL AVENUE SOUTHLAKE, TEXAS 76092 Va CO 0 N O N Cn f1� N 8J`SCi'D4 E 414.99' -- PO8 'A' z S 02'11'2S" E 22.75' I EXHIBIT "A" C I �✓ ,PR0P6SED' P!l_If,AP / � ffi s STATION SITE 6 ' 7r V Z A0.300 Ac ./ 13,08E SQ. ET - P °� �<9 n S 89'56'04" W 154.97' 0 �p MTP --IBM PHASE II & 111 JOINT VENTURE TRACT ONE "A' (CALL 315.691 AC.) VOL. 6995, PG, 1268 O.R- T.C.T. R.D. PRICE SURVEY ABSTRACT NO. 1207 MAP OF VhiOLE 1 RUIPERTY ANC TAWUG ]Ruston 8c Associates, Ina. Engi:�re, ring Q- Er.vfr —n "fisf l: v,+s uffui7 fs 13600 " —Of8rt Suffn 230 �olfos, Tex.. 75240 (274) J87 -0771 PREPARED BY cc CHECKED BY Jw D ATF REV 4Z15/19913 A. JC)B /TRAGI 1R1.SA /PkAPC I`nis C]u Ils, .P.L.S. 4276 SCALE: 1 " = 50' r E T 9c�cP G. DENNIS C]UALLS T . ;p. 4276 PREPARED FROM PUUUC RECCRDS SCANNED DOCUMENTS Special Warranty Deed Name of Project: DCRWS- Denton Creek Pressure System Phase IIY, DC002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor & Meter Station Project Subsystem # DC002 Parcel # ?, Unique Identifier Number: DC002- 70 �t t t •LV c� ht ~ t /-- 1`t lJ:S s a THE STATE OF TEXAS § § KNOW ALL MEN BY THME COUNTY OF TARRANT 6 PRESENTS- THAT INTERNATIONAL. BUSINESS MACHINES CORPORATION, a New York Corporation (GRANTOR)and in consideration of the sum of Ten DOLLARS ($10.46) and other good and valuable consideration, in hand paid by the GRANTEE -, CITY OF SOUTHLAKE, a body politic and corporate under and by virtue of die laws of the State of Texas, with its principal office at 667 North Carroll Avenue, SOUthlake, Tarrant County, Texas 76692, die receipt and sufficiency of which is hereby acknowledged, and for which no lien, either express or implied, is retained or shall exist, has GRANTED, SOLI] and CONVEYED, ttnd by these presents does GRANT, SELL AND CONVEY [into CITY all certain land described in Exhibit A of Parcel No. 20, attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD the above - described premises, together with ail and singular the rights and appurtenances thereto in anywise belonging, unto the said CITY, its successors and assigns forever. And GRANTOR does hereby bind GRANTOR and GRANTOR'S executors, administrators, successors and assigns, to WAl2-RANT and TORLVER DEFEND, all and singular, the said premises unto the said CITY, its successors and assigns, against every person whomsoever lawfully claiming or to claim the saute or any part thereof by, through or under GRANTOR, but not otherwise, subject to the exceptions set forth below. Grantee, City of Southlake, agrees that, in the construction, maintenance and operation of any facilities by or for Grantee within the land or premises as defined above, no hazardous materials or hazardous substances, as defined udder applicable federal, state, or local law, as such laws now or hereinafter exist, shall be used, stored, generated, released or disposed of in violation of such applicable law, and if such violation occurs, the Grantee, City of Southlake, shall be solely responsible for any cleanup, minediation, removal or restoration mandated by applicable law; Grantor shall have the right to reasonably approve any method of remediation to the extent such rernediation involves land owned by Grantee, its successors and assigns. This conveyance is made expressly subject to 0) any and all easements, rights -of- way, restrictions, Iiens, and /or encumbrances of any kind that are filed of record in the Tarrant County Real Property Records and /or the Denton Cottnty Real Property Records or which an on- the - ground inspection would reveal, and 00 any encroachments, protrusions, taxer for 199$ and subsequent years, andlor zoning, flatting or other l overnmenuil requirements that affect the land. This conveyance is made to consummate a negotiated sale of the above - described premises in lieu of condemnation proceedings and the consideration paid to GRANTOR includes and covers all damages and claims which GRANTOR might have asserted in condemnation proceeding, B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRXBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. s 4 D199048051 SAFECO LAND TITLE CO 8080 N CENTRAL EXPWY Soo tj . DALLAS TX 75206 �.i A R N N G -THIS IS PART OF THE OFFICIAL RECORD - -D O N O T D E S T R O Y -W .T. 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 O: SAFECO LAND 'TITLE CO RECEIPT NO REGISTER RECD -BY PRINTED 02/26/99 DATE TIME 12.28 199161748 DR2A T008322 INSTRUMENT F'EECD INDEXED 990226 TIME 12:25 CK 17649 1 D199048051 WD T O T A L: DOCUMENTS: 01 F E E S: 17.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRXBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. NOTICE OF CONFIDENTIALITY OF RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Denton Creek Regional Wastewater System Denton Creek Pressure System Phase III Project DEED WITHOUT WARRANTIES Date: , 2012 Grantor: City of Southlake, Texas, a home -rule municipal corporation Grantor's Mailing Address: 1400 Main Street Southlake, Texas, Tarrant County, 76092 Grantee: Trinity River Authority of Texas, a conservation and reclamation district created by and functioning under Chapter 518, Acts of the 54 Legislature of the State of Texas, Regular session, 1955, as amended, pursuant to Article XVI, Section 59 of the Texas Constitution Grantee's Mailing Address: P.O. Box 60 (including county) Arlington, Tarrant County, Texas 76004 Consideration: Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration. Fee Simple Property (including any improvements): Situated in the City of Roanoke, Denton County, Texas, and being a 0.045 acre parcel of land out of the Walter D. Beall Survey, Abstract No. 82, said parcel of land being conveyed to the City of Southlake, Texas by general warranty deed as recorded as Document Number 97- R0041592 of the Deed Records of Denton County, Texas, said property being herein more particularly described in Exhibit "A," attached hereto and made a part hereof. Reservations from and Exceptions to Conveyance and Warranty: All presently recorded easements, restrictions, reservations, covenants, conditions, mineral severances and other instruments, other than liens and conveyances that affect the property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to Page 1 claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. EXECUTED this day of 1 2012. CITY OF SOUTHLAKE, TEXAS BY: TITLE: ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF M Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of Given under my hand and seal of office this day of , 2012. Notary Public, State of Texas Page 2 Permanent Meter Station Tract (Fee Simple) Welter D. Beall Survey, A-82 0.045 Acre D4024 EH&A .lob No. 16166-01 December 19, 1896 EXHIBIT W DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 30 DESCRIPTION BEING A 0.045 ACRE PARCEL OF LAND IN THE WAITER D. BEAU SURVEY, ABSTRACT NO, 82 AND BEING PART OF A CALLED 78.21 ACRE TRACT OF t.ANO CONVEYED TO EMORY JONES AND WIFE EL NORA JONES (JONES TRACT) AS EVIDENCED BY DEED RECORDED IN VOLUME 380, PAGE 411 OF THE DEED RECORDS OF DENTON COUNTY, TMM. SAID 0,046 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 5/8 Inch Iron rod found for the northeast oomer of sold Jones track same being the sou beast oomer of a caviled 10.90 acre tract of land conveyed to Craig Chapman and recorded In Volume 731, Pape 646, DRDCT. Said Iron rod also being In the east line of said Beall Survey; THENCE S 00 21 or W, with the east line of said Jones tract and sald Beall Survey, at 242.49 feet passing the northwest corner of Marshall Creek Subdivision an addition to the City of Marshall Creek, per plat recorded In Volume 010, page 267 (DRDCT), said addition was forrrmly known as Green Acre Estates, 2nd Sectlon, per plat recorded In Cabinet B. Slide 250 (DRDCT), and oontinuing along the common line between said Jones tract and said addition, for a total distanoe of 686.00 feet to the POINT OF BEGINNING; THENCE S 0(° 21' or W, continuing along sold common line, a distance of 36.00 feet; THENCE departing said common line and crossing said Jones tract the following three oourses and distances: 1) N 89' 38' 03' W. a distanos of 68.00 feed 2) N 00' 2 or E► a distanoe of 35.00 feet+ 3) S 139'` 38' 03' E, a dletdnoe of 66.00 foot to the POINT OF BEGINNING and oontalning 1960 square feet or 0.045 acre of land. A plat of even date herewith 0000mpanles this description. Page 1 of 2 Permanent Meter Station Mact (Fee Simple) Waller D. 8eal1 Survey, A-82 0.045 Aare D4 EH&A Job No, 16166-01 Deoember 19, low EXHIBIT W DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 30 DESCRIPTION iE�1•: : :i TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED,1 DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 18 TRUE AND CORRECT Surveyor's, Name: John ftAy Afldgj , Registered Professional Land Surveyor, Tuts No. 4283 Pape 2 o♦ 2 r SURVEY: WALTER D. BE ALL, ABSTR 82 LOCATION: DENTON COUNTY, TEXAS EASEMENT AMU15111UN: A V.VW MV. IWOU au. r I. v V -V%Pv vvv.+ M400 PROPERTY ACREAGE: REMAINDER PARCEL PLAT OF EXHIBIT "A" & "B" CRAIG CHAPMAN 5/8" I.R.F. (CALLED 10.90 AC) VOL. 731, PG. 548 �' p.R.D.C.T. POC 9A POC *R' MAP of EMORY JONES & WIFE, w1 ou PRalmn ELNORA JONES (CALLED 79.21 AC) DATED 5 -15 -52 VOL. 380, PG. 411 D.R.D.C.T. EMBITS . T1 S 40'21'57' W 35.00' WMPORA T2 N 8938'43" W 58.00' 'TNT T3 N 00'21'57" E 35.00' T7 T4 S 89'38'03" E 56.00' T5 S 00'21'57" W 55.00' T8 N 89'38'or W 86.00' 0HOT 'A' T7 N 00'21'57" E 55.DO' PfAWA BENT METER T8 - S 89'38'03' E 86.00' S (�E SI�j DESCRIPTION OF EVEN DATE HER EWITH ACCOMPANIES THIS PLAT. isioyr Asoo a i i�tl:odsf♦ *, Is+r. .� tar c rt � DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III\SEC11ON III . t N P�-L P Q7 1 2 113L It 20 POB • B' POB •A• 1 CEDAR LANE (60' R.O.W.) 19 4. 4 1s 4 �. O 2 13 PALM LANE (60' R.Q.W.) 20 0` 119 0L0� £n a £hw"Imon onw an � taGO T1&..., mow, Suts ' -U77t John Stra R.P.L.S. 4283 PREPARED BY QRH SCALE: i" s 100' CHECKED BY is DATE 12111/96 O 50' 1 0O' 2 E.H. & A. JOB /TRACT 16156 rMaaso++r 0-3024 i 0 -303 CITY OF SOUTHLAKE 887 NORTH CARROL AVENUE SOUTHLAKE, TEXAS 78092 rwvAAW 1$ SCANNED DOCUMENTS General Warranty Deed Name of Project: DCRWS- Denton Creek Pressure System Phase III DC002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor__& Meter Station Proicet Subsystem # DC005 Parcel #30 Unique identifier Number: DCOOS -30 $23.00 Rec. WD STC /GF97100259/Unit 108101H GENERAL WARRANTY DEED (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) THE STATE OF TEXAS COUNTY OF DENTON 041592 Parcel # 30 OF# 96100343 Stewart Title KNOW ALL MEN BY THESE PRESENTS: THAT BARRINGTON HOMES, INC., a Texas corporation, hereinafter referred to as GRANTOR, acting herein by and through its duly authorized President, BRAD BARRINGTON, for and in consideration of the sum of ONE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($1,500.00) and other good and valuable consideration, in hand by the GRANTEE, CITY OF SOUTHLAKE, a municipal corporation situated in Tarrant and Denton Counties, hereinafter referred to as GRANTEE, with its principal office at 667 N. Carroll Avenue, Southlake, TX 76092, the receipt and sufficiency of which is hereby acknowledged, and for which no lien, either express or implied, is retained or shall exist, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto CITY all certain land described in Exhibit 11 ' attached hereto and incorporated herein for all purposes; and a temporary construction easement, as described in Exhibit "B ", attached hereto and made a part hereof, to use in connection with the construction of FACILITIES on the area described in Exhibit " "A ", said temporary construction easement to expire upon completion of construction and acceptance by GRANTEE of said FACILITIES. The temporary construction easement granted herein shall be used as a work area by GRANTEE, but GRANTEE shall replace any fences within the temporary construction easement without cost to GRANTOR, and shall restore the property which is subject to the temporary construction easement as closely as possible to its condition prior to entry thereon. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging; unto the said CITY, its successors and assigns forever. And GRANTOR does hereby biuud GRANTOR and GRANTOR'S heirs, executors, administrators, successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the said premises unto the said CITY its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof: Barrington, Page 2 of 2 This conveyance is made to consummate a negotiated sale of the above described premises in lieu of condemnation proceedings and the consideration paid to GRANTOR includes and covers all damages and claims which GRANTOR might have asserted in condemnation proceedings. EXECUTED this �� day of 1�• HARRINGTON IIOMES, INC. At'.�-L BRAD BARRIN TON, PRESIDENT THE STATE OF TEXAS § § COUNTY OF DENTON § ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a Notary Public, in and for said County and State, on this day personally appeared, Brad Barrington, President of Barrington Ilornes, Inc., a Texas corporation, known to me to be the person and office whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 49_ day of �, 1 ary Public, State of Texas Printed Name My Commission Expires on the day of , ..nY+ty J11ME8 CULt.AR III * * NOTARY PUBLIC State of Texas r �t�ti + Cortirrr. Exp. D3- t &2flDD W[ dadonl30,deed&A0e414J47ke Permanent Meter Station Tfact (Fee Simple) D•3024 Walter D. Beall Survey, A-82 EHSA Job No. 18168-01 0.045 Acre Deoember 19, 1988 EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 30 DESCRIPTION BEING A 0.045 ACRE PARCEL OF LAND IN THE WALTER D. BEALL SURVEY, ABSTRACT NO, 82 AND BEING PART OF A CALLED 79.21 ACRE TRACT OF LAND CONVEYED TO EMORY JONES AND WIFE ELNORA JONES (JONES TRACT) AS EVIDENCED BY DEED RECORDED IN VOLUME 390, PAGE 411 OF THE 'DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 0.046 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 618 Inch Iron rod found for the northeast comer of said Jones tract, same being the southeast oortwr of a called 10.90 care trod of land oorweyed to Crab Chapman and recorded In Volume 731, Page 646, DRDCT. Said Iran rod also being In the east line of said Beall Survey; THENCE S 00' 21' 67" W, with the east line of said Jones tract and sald Bea1I Survey, at 242.49 feet passing the northwest corner of Marshall Creek Subdivision an addition to the City of Marshall Creek, per plat recorded In Volume 610, page 287 (DRDCT), sald addhion was formerly known as Green Acre Estates, 2nd Section, per plat recorded In Cabinet B, Slide 250 (DRDCT), and oontlnuing along the common line between sald Jones tract and said additon, for a total distance of #388.00 feet to the POINT OF BEGINNING; THENCE 8 0(r 21' 67' W, continuing along sold common line, a distance of 38,00 feet; THENCE departing said common line and crossing sold Jones tract the following throe courses and distances: 1) N 89' 38' 03 W. a distance of 56.00 foot; 2) N 00' 21' $7 E, a distance of 36.00 feet; 3) 8 89' 38'03" E. a dlstanoe of 58.00 feet to the POINT OF BEGINNING and oontalning 1960 square feet or 0.045 acre of land. A plat of even date herewith a000mpa•nles this descrlptlon. Page 1 of 2 Permanent Muter Station Tract (Fee Simple) D-W94 Walter D. Beall Survey, A-82 EH&A Job No. 181 W41 0.04a Acts Deoember 19, 1898 EXHIBIT 'A' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 30 DESCRIPTION TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. I Surveyor's Name: John Sfrabridgi �. Registered Professional Land Surveyor, Texas No. 4299 Date of Survey: October. 1993 -- Page 2 of 2 Temporay Construction _esement D-3026 Walter D. Beall Survey, A-02 EH&A Job No. 1615841 0.045 Acre December 10, 1996 EXHIBIT 'B' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PRASE III , PARCEL NO. 30 DESCRIPTION BEING A 0.093 ACRE PARCEL OF LAND IN THE WALTER D. BEALL SURVEY, ABSTRACT No. 62 AND BEING PART OF A CALLED 79.21 ACRE TRACT OF LAND CONVEYED TO EMORY .ZONES AND WIFE ELNORA JONES (JONES TRACI) AS EVIDENCED BY DEED RECORDED IN VOU)ME 380, PAGE 411 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 0AW ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 518 Inch Iron rod found for the northeast comer of said Jonas tract, same being the southeast corner of a ailed 10.9D acre tract of land conveyed 10 Crab Chapman and recorded In Volume 731, Page 546, ORDCT. Said Iron rod also being In the east line of said Beall Survey: THENCE S 00' 21'5r W, with the east line of Bald Tones tract and said Beall Survey, at 242.49 feet passing the northwest corner of Marshall Creek Subdivision an addition to the Ctty of Marshall Creek, per plat reoorded In Volume 610, page 257 (DRDCT), said addition was forrnerfy known as Green Acre Estates, 2nd Section, per plat recorded In Cabinet B. Slide 268 (DRDCT'), and continuing along said course and the common line between said Jones tract and said addition, for si total distance of 555.00 feet to fire POINT OF BEGINNING; THENCE 6 0(r 21' ST W, oontlnuing along sold common line, a distwve of 66.00 feet; THENCE departing sold common line and crossing said Jones tract the following three courses and distances: 1) N 89' 38' 03 W, a distance of 68.00 feel: 2) N 00' 21' or E, a distance of 55.00 feeti 3) 8 W 38'03 E, a distance of 66.00 feet to the POINT OF BEGINNING and containing 3830 square feet or 0.083 aore of land. A plat of even date hetewlth accompanies this description. Page 1 of 2 Temporary Construction Emment D3025 Warier D. 8") Survey, A-82 EHBA Job No. 18168-01 0.046 Am Downber 19, 1998 EXHIBIT'S' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASS III PARCEL NO. 30 DESCRIPTION TO ALL PARTIES INTERESTED IN TITTLE TO THE PREMIBIrB SURVEYED, 100 HEREBY CERTIFY THAT THE ABOVE LEGAL DESCR9PTION WAS PREPARED FROM PUBLIO AECDROS AND FROM AN ACTUAL AND /ACCURATE SURVEY UPON THE GROUND AND THAT SAME 18 TRUE AND CORRECT. Surveyor's Name, Registered Professlonal Land Surveyor, 7U" No. 4283 - Page 2 of 2 SURVEY: WALTER D. BEALL, ABSTRACT 82 LOCATION: DENTON COUNTY, TEXAS WHOLE PROPERTY ACREAGE; REMAINDER PARCEL PLAT OF EXHIBIT "A" & "B" CRAIG CHAPMAAN 5/8" I.R.F. (CALLED 10.90 AC) VOL. 731, PG. 548 j D. POO "A POO iB" L V <) c MAP OF EMdORY JONES & WIFE, MOUE IRoMArY ELNORA JONES (CALLED 79.21 AC) DATED 5-15 --52 VOL. 380, PG. 411 D.R.O.C.T. fx►iBiTs 'A' k 'B T1 S 010'21'57" W 35.00' nUPOA RY OWsrT T2 N 89 W 56.00 CA ENT T3 N 00'21'57" E 35,00' T4 S 89'.38'03" E 56.00' T5 S 00'21'57' W 35.00' T8 N 89'38 03 W 66.00 W401T 'A" T7 N 00'21'57" E 55.00 AWAN STATION TRACT .� T8 • S 89'38 E 66.00' (FEE SIWU) DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS PLAT. aasloa r ►ii�#ir, L>I►a ,� �rr Drlw, S fnvtrv% S ulu 2J0 tol ConsultanU John Strawbridge R.P.L.S. 4283 3800 Alor►tfort Dollos, Tomas 73240 (972) 387 -0771 PREPARED BY _ Q,RH SCALE: 1" e 100' CHECKED BY JS DATE 1x(11 /96 0 50' 100' 200' E.H. & A. JOB /TRACT 16156 r,ucssoa.r D-3014 i 0 -3025 DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III\SECTON 111 CITY OF SOVTHLAKE L 667 NORTH CARROT. AVENUE 1 SOUTHLAKE, TEXAS 7602 qv N 4 �` , ` x � o . 1 2 6`OCK ove CEDAR LANE 3 (60' R.O.W.) 20 19 C)� POO "B' POB "A" 1 2 3 PALM LANE (60' R,O.W.) 20 MW■ 1 19 ! 18 eL� I naAM F& CORDS Filed for Record ins DENTON COUNTY, TX HONORABLE TIM NODGES /COUNTY CLERK AFTER RECORDING RETURN TO: ROWAC 3836 Weeburn Drive Dallas, Texas 75229 On Jun 20 1997 At isl6pm Doc /Nutty : 97- ROB41592 Doc /Type s WD Recordings 17.00 Doc /Mgmt 6.00 Recei t li s 19821 Depu y BRANDIE Scanned EASEMENT AND RIGHT-OF-WAY Name of Pro' ect: DCRWS — Denton Creek Pressure System Phase III DC002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor & Meter Station Proiect Subsystem #DC004 Parcel No. # SUB -1 Unique Identifier Number: DC004 -SUB -1 . pr,0626 DENTONl CRF,EK REGIONAL WASTEWATER SYSTEM DEN TON G»' EK INTERCEPTOR SYSTILM PHASIC 111, SECTION Ill E^SRAWNT AND FUGHY•OF -WAY 0::w= SLIASTTTIMON EASiC1 EN'TANDRN;HT -OF -WAY ([NCILUD[NO TFNFPORARV EASMWENT FOR CONM1)CCf[ON) Parcel p 1 GF# 96100343 Stewart Title STATE OF TEXAS 9 $ KNOW ALL MEN BY THESE PRESENTS: COUNTY OR DEN TON § TnAT Wff, Emory Well Jones, a-La Hmary O'Dzll Jom* ofColumbia. Missouri, Bobby tray Jens, ofTrophy Club. Texas, and Wi111 Mm 1., doaea,ofEdina. Mineesotn. not joined herein by our vvivast,eds,ser, thel,exe�stserdt sar[bad property consthutesno part ofourhanismead and is our gold an d separate property, hereinafter retbrred to as ORANTt]R, for and in consideration of EiGUTEEN THOUSAND TLLREE RUN DRK D FIFTY AND 14013 00DOLLARS (Sl BASa00) and other Rood and v aluable 0ensidemion to GRANTOR in hand paid by the CMV OF SOVIEFL.AKE, a municipal corporadon situated in 'Tarrant and Denton Cuuntios, herefnattet re£arred to as GRANTEE, with its principal office at"? N. Carroll Avenue, Southlake. TX 76092, the receipt of which by GRANTOR is hereby aekrrowlodgod, have granted and convoyed, "do by these presents &rant and aomay. unto the GRANTUB, its succassora and axs ibms, an eascmewt and right-0r -way to lay, construct, inspect. uptreta, nmintain, repair. repiaca, chanp. add and/or remove a utility line or lands +with all incidental equipmettl and appWenanc4M and the hcrejazAcr dcsoribed erasion comml Impravtm saes (IMPROVEMENT$), (all imm collectively hemindier called FAGILMES), in, on, over. through, under and aerate that certain land sit ored in 17cmon County. Texas, more particularly described in Exhibit 'A% attached hereto and made a part hereof, togethctwith; the right ofr asonableingressandcamssacreasGRANTOR 'Srernainingland.vAcrc neoessary to and from the above- deacrlbedtract, ror the purposes of laying, constructing, ins,pewiny, operating, maintaining, repairing replacing addeng, changing and/or removing said FACILITIES; and a temporaryconstruetioneau ment, eadesanbed in Untubii "li ". ail itched hereto and made a part hereof, to use in connection 9dth the consuuction of said initial FACILMES, said temporary oonsbuation tsasernot to expire upon completion of onnstruution a nd aceepterwa by G RAN TEE of said initial FACILITIES. Them is included In this grant the right at any time in the future to lay, construct, inspect. operate, maintain, rdpai . replace, charse. add and/or remove one or more additional lines of pipe approximately paraitcl with the firm pipeline or pipelirms laid by GRANTEE hereunder, so long ax► said ftnure line or lines we within the confines of the meets and bdrmds description c:ontoined in Exhibit W. For eroslas central purpose& the eemement rights grantod and conveyed herein to ORAMME shall also include the right at any time in the Cetus to construct, inspect, operate, maintain, repair. Meet a Or 4 r, t►' !l 7 PG 0 5 2 7 reply, charm, add mad/or removes eatterefe, rock tip rap or othezforests offhoWROVEMUNTS to protect GRANr M'S exisiting and Jhturc pipelines LocaW within or adjacent to orecis. Sultics and of writs al orman -ma& waterdri inav eounw tocwad within the land am descnbad in Exhibit "A". The need liar and design of any IMPROV MO T1'S are solely within the adRANTEE'S control anddismetium The MOROVE MENl'Sahall beconstructed within the high- flowbotand%desofsaid waterdraiaxtge course. The GRANT , at Its discretion. mayexa m. and Rill withinthocas anent and may grade and slope the banks or walls of eta water drainages courses to facilitate 4110 WWROVBMSNTS' design and integrity. The physical limits of the IMPROVEMENTS shell be entirely con8oed to the area descried in Exhibit "A'. GRANTOR aotmowledges that the consideration paid by CIRMT) -13 i9 bill and final ptryrnant for all rights conveyed herein. GRANTOR. GRAWTOWS heira, executon. administretan. successors and ensigns, may fully use and enjoy said pier. ism encumbered by said easement. ex pt that such use and enjoyro nt shell not binder, conllfctor intertbre withthe exercise ofORAIVTEEB tightshereundarand no temporary or ponmenent building, struo um or resert+nir shall he erected, placed a arcoraalrtaatod upon, under or amour the riSM- of- wayand easement herein greeted without GRAATI EUS written ooneent prnwided author, GRANTC)R, GRANTOR'S hairs, executors, adi"Watretora, successors and assigns, may construct, dedicate and maintain across said easement and right -of -way such roads, alleys, utility lines and fences as will mot interfere with the use by 4RANTEE of said easement and righ"f- -way fbr tho purposes aforasdid. It is farther agreed that GRANTEE may remove ftm the easement any fences, buildings. structures orotiterobsumations which interlua with the exercise ofORANTIMS debuhemin and GRANTEE may trim and out down trese and shrubbery in connection with the construcltan, inspection, operation.meintanartm repair, replacemen change, addition andtorrmoval of sand FACILITIES, if necessary. GRANT3Ei shalt clean up a" remove aU troth anal debris, repair and replace fences and repalrothcr danm ees cawed by said c:a utraetioa. Thoease- Mant rights andprivilegas herein Vented shsllbe perpetual. mul shallcoeatitutocovenants running with the tend and shell be binding upon and inure to the benefit of GRANTOR and GRANTEM tcapmdvaly, and their respeotive hairs, executors, administrators, successors and asslges and sold grant is expressly excepted ttom any right ofreveralon ofsaid pretnises under any prlordcoda iaGRANTGR'SolWn of tille. GRANT13M rights hereunder may be atasienvd in whole or in pars to one or mote dssiggees. The! temporary oonsowctfon easement granted herein shell include the right to edaavato and 1111 wHhin the temporary construction easement, but GRAN'T'RF shah replace any l ncerq, buildings or other eirtictures within the temporary vorMnwtion easement without cost to GRANTOR. and shall reetom the property which Is s uWwt to the temporary wnstruotian casement as Closely as possible to its condition prior to entry thereon. Pam 2 of 8 :00 4547 "G ') 628 71tis imtrmnant is exeoutod and delivered for the pose pur of stdratitWng the t3RANTBR in the To , old H." end To us eaoerded in Do tt EJTHO 96.- ROO42332. of rho Decd Rworck of cmmn Cau pxITV TO HAVH AND TAD HOLD dw abov"eaoribodemesnatt end right -o&—y and rights appurtenant *grog ttnro GR,vAN TFV, iffi auet,cmm rend "Agtu, until said FACU ITIM an darlerad perrrWttendy nbeodoned by GRAN TM3. is which won said eawntem attd right•or - waY artd rights appurorL&At oorsto shall ecesa and too inete and revert to GRANTOR and aRANITORI hairs, moors. administmumm, successors artd assigns. Rhaft bit}RANTOP,ORANTDWShe ins. oxeoatora,administrators.ftttcc &WTSand sssigxne to WARRANT and FC)RSVt3t DEFHND said easement end right of -vvay and rights mt sppurb thereta woo ORANM% its succosmwa and assigns, agsisat cvM person whomsoaver tevAWly oldming, of to cisim, dw game of any pert tl>Erceof. It is expressly wxiemioodthatall rights, wnveyarrcas oroova rmnie Am herein written. andrm verbal agmznma orsrty kind shall be binding or roaogplwd or in any way t I"fY this instrument of E>MCUTLXl3 this day of 1989' �. a. oeeltlr�none ,� *t.G�+ai�+.«a�.a.�c�. <b+•�� Prwea 3 of 8 • A0154 1-W G 2 9 IIENTON CREEK REGSONAL WASTEWATSFL "STEM DENMN cRvlg is IIYTSRCRPTOR sYgmm PUASS I11 SECS ION 111 >LASENZFJ T AND MIGHT -0P WAY 61fB�iYfITYZOtX EAS 1't AND IUGiCI' -bP WAY (INCLUDING TgMPORARY EAM ENT POR CONSTRUMON) pt rmi M A r3Px %10343 stawati TIIIe RfWz>`FtbIq tT516 r . F T - Nn r 1. ACKNO W LEDGNT"ff STATE OF ML514+OURi COUNTY OP sloo E Barons rM bi, r�g ar6{ 6 Mar "A on Wit day w ed marr Oddl Jmea. lawwa to mm (ar prumA to the an Iha oath of oiasw Fll III i S 4 _. (p WMO doWlptiaa afL&Wty Card or ather d=mim ) paraaa nd o6HOa raow m ma is PAnai6ad to lbo foruiabi faaaumasu 04 SCimOPWaad to me that hD e:w=,cd tha owv for *4 pwpom Cad aoamidermtlaa tbwe n owprsmd, In the uSaAy tharalA stated_ Gr4W UNDER MY HAND AND SBALOP OPFfM this 2. day 4r v Sf 19.44. bCAROA24T & MAIJM r Y A1•HOP Boaor ramp. Mrcaamtdwion iaysate Irna - ". no Notw is sole " mnmari M amp lrelomlh da ,3 Paaaa 4 of a • -4104 5 Ip 7 rs0 63 0 DENTON CREEK REGIONAL WA$TRWATER SYSTEM DENT01 CREEK IMIERCXI'TOR SYSTEM PEWF1III, SECT ON In LrASEMBNT A17'U RjGrff- F -WAY SiJSSITf' MON EASEW04T AND RIGHT-OF WAY (1NCfdJDING TEMPORARY EASEMENT FOR CONSTRUCCIQN) Ptarcd 0 l GF# 96104343 Stewart Title i11hlm otass ACKNOWLEDGMENT STATE OF 1OW � Ct71JN'TY QP' 9914 tLlkTl& !..SA A. forrnmyns on mi. day P.'tuty -u "" 3B1llam. tom. f �rtot p�aecd ba mo on Ilrs a�A aP mrd M alder doaiweutl t8 be the !— (provide dw�POoa of �demlty pwaon eed ofom wbara oaam I &AocrPmd to lha fo> hmsL t"at and aclatowNdgod to me thm he *paaed the mum jw /ho ir.,pm"ooh thwvm expreatad. la the caPa'thy 0-11 e at 1t 4 GIVEN UNDER MY HAIR AND SEAL OF OtllfLCE. thla y� �., day oe Notary pubdio, Staaeaf taws My aomndwl m anima on 1210 day tsf 6=0 peau a of E - „L1t5 ut;063 DENTON CMEVE 9,z s A” pA- III- E ER4 ?4 111 DSP(;ON CilE4tIC 1 M N AND AIGST -OF -WAY 81188Y7CU?I(YH FA91 &MgNT Arm FOR IONi) (INCLI7OIN[7 TE1v11'ORARY ASg�NT OF# 96100343 gt.watt'Pitte purad a i 1 Rap ACICNOWLEDGME STATIC OF'I`FJ"S C011NTV OF 7`AR.AANT Btu MX,. �}I141 ��n - on am& dsy P -*Dnay ktgern to me for P�"� tO 1 K 4 Oe� Cob MewtP�O' 0 a.. MV and or ot� doomwA) t. be the Is ®4rctiDsd totMe t�eD� ism °� xlttw'wFsdBad to mo SiW !� eYSpaad the awl eflSOe V&oae a q.e*t�e •atp`ased. to fhe rY tlterem eletbd sag" fhr the p"M. K r.od u4 U6� l4 99 - OtVM UlNUSR MyttnNn AND SEAL i» UMCM Ihle _� —d � or Tears '_. Notary Pub1b. Mroomlyd>rla+eaP�nntlte daY of 'Car .1 � ti o F MMF1ri Pogo* a Or • M4 4cCI G 3 3W Paa,WWt Udit Eaaearsnt r r }25sa Wstw 0. Deal Survey. A•82 DNA Job Na. 1610601 1,407 Am" Maack 17, 1'90 DENTM CREEK RMONAL WASTIIWATER SYSTEM 09WOU CREE1t pfiESlung SYSTEM PHASS 111 PARCEL NO. t OZ9CRIPTfON A 1.407 ACPA FARM OP LAND BONO OME RALLY A 30 MOT WF04 PMAANENT UAUTY EASMARNT OFF THY IlA9T BOB Oia A CAUJ O 76.21 ACRE TRACT OF LAND AS DLEDIED TO QMORY JONES AND WIFE ELNOKA JOHIM AS J19COR090 IN VC' -VME 360, PARR 411 OP 7MS DE[O ngCOR08 OP t" ON COUNTY, TEXAS. 86NO OUr OF THIS WALTER 4. DEAL SURVgY. ABSTRACT NO. 82. DENTON COUNTY. TOLIdL AND DUNG M011E PARTICLiLAALY 093CR19ED AS FOLLOWS: COMMENCING FOR REFgMNCIi at a 612 Irmh Iron rod fo for t he nort hesst Cornet o so ld Jarw tract, being the sorromm Oonw of a rood I �CT, *trop h a da la s deeds as kf Sail Chapman and rasardW in valance 701. Pope Survey. and beirta w the went Mw of the Tharnae Kelly Survey. Abatrsat No. 7441 Emmi s rvw and sold KaN Survey d lseanae o f Oa ;d of 304.73 fat the POINT OF 050INiNNIN THANC11 S 00' 21' 07' W. Om UnUO omit VW @bet one of said Jane@ tract and gala rrvey rims a d[aleratts of 106.13 Fiat to • polnti TH lNCK dspanloo the went flat of said Kelly Survey and massing sold Jones great the Ialfowing three aautssa " distanosat 11 8 16@ 09' 46' W. a dletencs of 04.16 fear 21 D Qty 21' S 7' W, a dtetance of la4O.91 fears 31 S 84 01' 29' E, a dlatena4 of 20.00 last to a point on the east line of said Jones frta . ttllnp th vast tine of said Saul summY, baln6 the Went 1100 of said Kelly Survey. and being an the want tine at Merahall Creak Su bdivgslorsrvaa6nddhtowro ,ilrrfa "Woo p~afrrall Crank as raaarded In Volume 610, page 207, Hermarly known as Brain Aare listatea. Cs*Ltat A. 81do 13a, D1lD Mt THONCE 8 00. 21 • $7' W. with ohs east am of sold Jones from. being the west Una of said Mar" Crank 6irbtdhdatan a dtstonae of 30 -00 feet to a poi ft being the aouthasst canal of said Janes idiot. being the southwest corner at acid Mershoil Creak Subdivision. being In the Worth Ilse of the .iasayh Henry Srcvsy, Abstract Elio. 029. lad 1344W 9"N" iY In the t rrxsAhu cl the fnterNation at Marshall Creak Rand and Schndk Roads THENCgI N 89' 61' 20 W, wkh the south Una of sold Jonas tract. belnd neat the oanlsAbw of Msmhoss Crook Road a d stance of 00.00 tests @ THEHCB dspsr" astd Marshall Croak Flood, arW e"roa said Jane Thm the foifowlnp two "jL it 5 If 7 i G) 6 31., 1=rro -2694 wAdta Temporary Calott4Ctlon Easement EN&A Job No_ lei x8-41 Wafter O. Es 1 Survey. A-04 March 17, 1996 9.884 Am** 1fJetl - E1CIit1I1 'p' owfrQN CREELS FISGIONAL WASTEWATER SYSTEM D04TON CREELS PAEMUAE SYSTEM PHASE III PARCEL NO. l DESOAIPnON A 3.80'8 ACRg PARCEL OP LAND mMG A VAMABLE WtOTK TEMPORARY CONSTItUCT1ON EAS9M6NT CIFP THE FAST S tH OP A CALLED 70.21 ACRE TRACT OF LAND AS DEWED TO EfwIORY JONES AND WIFE EL"ORA JONES AS RecoFIDEO IN VOLUME 380, PAGE 411 OF THE DEED RECORDS or OeWON COUM y. TEKAS. et:1NG3 OUT OF TIIO WALTER R. SEAL SURVEY. AgSTRAGT NQ 82. DEWrON COUNTY, TEMA9, ANO BUNG MORE PARTICULARLY DESCR11180 AS PULLOWSI COFAMENCING FOft REFERENCE at a 5149 Inch Iran rod found for the northeast corner of aold .tones tract bdnp the a"*Aa&t Comer of a Called 10.90 sore treat of Land as dsedad to Credit Chapman end recorded In volume 731, page 548. DROCT, and being In the west Ilne of trio Thomas laity Sunray. AboUsat No. 704: THENCE 8 Doe 21 87" W. with the best lftttr Of Said Jonas toot end the Una carnmon to the deal swvsy and the Keay Survey, a distance of 189.82 feat to ohs POINT IMP 8EGINNINO7 THENCE 0 00e 21" 07• W, oontlnus with 1 1119 Octet lima of aeld Jd0se Vast. being the' we" "no of Green Aare Eatevs, art 4"000 to the city of Marshall Creek ee recorded In ost,lnet 8. allds 280. DROCT, a distance of 2238.f33 feet to a point being the aoutheast corner of said Jones treat* being the eouahweat oarner of meld Gram Awe Estates Irenamed Marshall Creek Subdivision In roturna 910. page 7187. DF OCY. being In the north line of the Joseph Henry Sunray. Ababaat No. 028, and being generally W% the centertlne of Marshall Creak Rsad1 THENCE H fig° 81' 29 W. wlth the south Ina of sold Jones treat being near the aentefena of Meroba0 Creak Rood It dlstanca of 100.00 fast; THENCE deporting said Marshal Creak nand. and crossing said Jon" Treat this fatlnwkW two courses stall dlstenCael e 11 N 00 6 21 "87• E, a distance of 1882.94 feat: 21 N 18 $0, 48 1 I_ a distance of 371.46 feet 14 the POINT OP WQINNtNO and 00018ltting 13.015 some at lard of whkh 1.407 acres Is for a psmntnent uulity eaaemeni. leaving a net area of 9.008 was of land. f •• 49hn P. Wilder, R.P.1-AL Data , rage Raillatrelfan No. 4206 DIE" TOM C KER REGIONAL A -- WASTEWATrA SYSTEM IOG AA01Ft agmtom. [OUHfY TK)Cit-, [ASE I snow I.AW 3.008 pcmTcn CAEEN PRESSUfK SYSTEM vm*Lt PROPERry 70.21 AC P14ASE III PLAT Of EXHIBIT "A" p EL 0 1 CITY OF VW 667 Mahal CARACL AVEMUE SOUFNILAVIC. WfXA& 74093 1 CRANO OJAP611" ! ED 10.90 ALO �731, 6 mot'O.GT. = PALM LANE (60 R-a-VO W , Ins. 001 John i. Wllder R P.L.S. 4285 F-ayrj k— POO w A y & 0 U P43B G CEDAR LAW poB fAw 'cow m.—W) G DENTON CREEK REGIONAL M5 ;i. - WW" COMTT. _VZXA$ WA51SWAIM SYSTEM jr it,MrM Eml e IK OLWICH CEK WIMIME SY$XU a v9 Pnoptitiv AMCRT Qa, PHASE UP PLAT 6F EXHIBIT "A & "B" PMCIEL W. I CITY Or SOUTKLAKE 647 NORTH CARROL AVEME SOUTHLME. TIMIS 79022 CFl LINE CARDEN LANE (sof A.MW.) 207 1* to VAMAKC VW PtIMM 1 12 1 3- MY LANE 0:. coop R.O.W.) 3 tuafty JONES ft "M 2e a tO 0 ELMOM JONES {CALLED ".21 AC) PAWO 5-S-52 V" 31% PI 0. 411 'MARSHALL CRILM MUSMVISHM VVL. e1a6 m 257 r. O .R.O.Q 0 wAm ACK CSTARQ 0 "':rA ls ome I") LINE E MLW - � Bogor, WOMIM J.hl r. Yad4, ft,P.L.S. 428; PREPARED BY GKP SCALE. I" - 100' CHECKED By Zll ; I I Ion -"9 1 PATE_ 4 9 A0 -A M OW" 4 51 h 'I G G 3 7 DEr46CH CREV.K M010HAL WASTEWATER SYSIEM pff4tCH CFt[EU PRESSURE SWIM PHASE IH PLAT bF EXHIBIT "A" Ac '13" an or SWIMAKIC 047 HaRrki CAMOL Avtmut • SONIm TCxAS 769f12 MATCH U14E 2 3 M.NMA joiggs PINE LANE (CALUD 79.24 AC) VATVP 5-13•52 V*— D!F s LW po 411 l- Is I sk UAftjWALL CAM SUDOMSU 6106 M 257 F 4 CiR.D.C.T. CCXA"A SUDC 1351 D#I.D.aT, 3 OAK LA�15 A. =D,rftm 20 Is S 64'SY2B °SE+ pr 26.00 3 Fd MARSHALL CREEK Ft(0)A (VARIABLY VAD711 R.mwl al 2 13 71 syGUR COW CA% *F TRY WCS CMIAMS POL 4$ UMCI 3 (W fl,P,L.S. 4285 PREPARED OY SCALE.- I' 0 100' CHECKED IlY DATE 6D 100 L E.H. & yyg� C �P R� ins CK A NYYCNELLx COUNTY Lr a On p6 w lH�,e3. PRO% Dar %TuPwpee ; B4- gQ0233Z pcurdin R 8� DaeuEV - Chris #Y SCANNED DOCUMENTS Easement A 2 reement Name of Project: DCRWS- Denton Creek Pressure System Phase III DC0O2- Section I DCO03- Section II DCOO4- Section III DCO05- Kirkwood Branch Interceptor & Meter Station Proi ect Subsystem # DC004 Parcel # 9 Unique Identifier Number: DC004- 0'7 >zr.uu Rec. Easement 5TC/GF96100349 /Unit 108/MH .t .. 042830 DENTON CREEK REGIONAL 'WASTE'WATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE III, SECTION III EASEMENT AND RIGHT -OF -WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) Parcel #7 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT BECK PROPERTIES TROPHY CLUB, L.P., a Texas limited partnership, acting herein by and through Beck Properties Communities, Inc., its general partner, hereinafter referred to as GRANTOR, for and in consideration of THIRTEEN THOUSAND TWO HUNDRED AND NO /100 ($13,200.00) and other good and valuable consideration of GRAN'T'OR in hand paid by the CITY OF SOUTIILAKE, a municil)al corporation situated in Tarrant and Denton Counties, hereinafter referred to as GRANTEE, with its principal office at 667 N. Carroll Avenue, Southlake, TX 76092, the receipt of which by GRANTOR is hereby acknowledged, have granted and conveyed, and do by these presents grant and convey, onto the GRANTEE, its successors and assigns, an easement and right -of -way to lay, construct, inspect, operate, maintain, repair, replace, change, add and /or remove a utility line or lines with all incidental equipment and appurtenances, and the hereinafter described erosion control improvements (IMPROVEMENTS), (all items collectively hereinafter call FACILITIES), in, on, over, through, under and across that certain land situated in Denton County, Texas, more particular described in Exhibit "A", attached hereto and made a part hereof ( "the Easement Tract "); and a temporary construction easement, as described in Exhibit "B ", attached hereto and made a part hereof, to use in connection with the construction of said initial FACILITIES, said temporary construction easement to expire upon completion of construction and acceptance by GRANTEE of said initial FACILITIES or I year from execution date which ever occurs first. There is included in this grant the right at any time in the future to lay, construct, inspect, operate, maintain, repair,' replace, change, add and /or remove one or more additional lines of pipe approximately parallel with the first pipeline or pipelines laid by GRANTEE hereunder, so long as said future line or lines are within the confines of the metes and bounds description a of which is contained in Exhibit "A ". For erosion control purposes, the easement rights granted and conveyed herein to GRANTEE shall also include the right of any time in the fixture to construct, inspect, operate, maintain, repair, replace, change, add and /or remove concrete, rock rip rap or other forms of IMPROVEMEN'T'S to protect GRANTEE'S existing and future pipelines located within or adjacent to creeks, gullies and other natural or reran-made water drainage courses located within the Easement Tract described in Exhibit "A ". The need for and design of any IMPROVEMENTS are soley within the GRANTEE'S contral and discretion. The IIA PROVE MSNTS shall be constructed within the High -flow boundaries of said water drainage courses. The GRANTEE, at its discretion, may excavate and fill with the easement and may grade and slope the banks of walls of the water drainage courses to facilitate the IMPROVEMENTS' design and integrity_ The physical limits of the IMPROVEMENTS shall be entirely confined to the Easement Tract, in the area described in Exhibit "A ", GRANTOR acknowledges that the consideration paid by GRANTEE is full and final payment for all rights conveyed herein. GRANTOR, GRANTOR'S heirs, executors, administrators, successors and assigns, may fully use and enjoy said premises encumbered by said easement, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of GRANTEE'S rights hereunder and no temporary or permanent building, structure or reservoir shall be erected, placed or constructed upon, under or across the right -of -way and easement herein granted without GRANTEE'S written consent; provided further, GRANTOR, GRANTORS heirs, executors, administrators, successors and assigns, may construct, dedicate and maintain across said easement and right-of- -way such roads, alleys, utility lines and fences as will not interfere with the use by GRAN"1'EE of said easement and right -of -way for the purposes aforesaid. it is further agreed that GRANTEE may remove from the easement any fences, buildings, structures or other obstructions which interfere with the exercise of GRANTEE'S rights herein and GRANTEE may trim and cut down trees and shrubbery in connection with the construction, inspection, operation, maintenance, repair, replacement, change, additional and/or removal of said FACILITIES, if necessary. GRANTEE shall clean up and remove all trash and debris, repair and replace fences and repair outer damages caused by said construction and use. The easement rights and privileges herein granted shall be perpetual, and shall constitute covenants running with the land and shall be binding upon and inure to the, "benefit of GRANTOR and GRANTEE, respectively, and their respective heirs, executors, administrators, successors and assigns and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR'S chain of title. GRANTEE'S rights hereunder may be assigned in whole or in part to one or more assignees. The temporary construction easement granted herein shall include the right to excavate and fill within the temporary construction easement, but GRANTEE shall replace any fences, buildings or other structures within the temporary construction easement without cost to GRANTOR, and shall restore the property which is subject to the temporary construction casement as closely as possible to its condition prior to entry thereon. TO HAVE AND TO HOLD the above - described easement and right -of -way and rights appurtenant thereto unto GRANTOR, its successors and assigns, until said FACILITIES are declarer{ permanently abandoned by GRANTOR, in which event said easement and right-of- way and rights appurtenant thereto shall cease and terminate and revert to GRANTOR and GRANTOR'S heirs, executors, administrators, successors and assigns. GRANTOR hereby binds GRANTOR, GRANT'OR'S heirs, executors, administrators, successors and assigns to WARRANT and FOREVER DEFEND said easement and right -of- way and rights appurtenant thereto unto GRANTOR, its successors and assigns, against every Person whonnsoever lawfully claiming, or to claim, the same or any part thereof= by, through or under GRANTOR. It is expressly understood that all rights, conveyances or covenants are herein written, and no verbal agreements of any kind shall be binding or recognized or in any way modify this instrument of conveyance. EXECUTED this day of _AP , 1996. BECK PROPE RTIES TROPIIY CLUB, L.P., a Texas limited partnership By: Beak Properties Communities, Inc. its general partner 4 By: Jeff * t:k�1 0 1 id ent ACI{NOWEEDGMEAT STATE OF TEXAS COUNTY OF DALLAS BEFORE MF, the undersigned authority, a Notary Public, in and for said County and State, on this day personally appeared, .)effrey L. Beck, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that lie is the Tresidcnt of said Beck PropertieS Comnl1ltlities, Inc. a Texas corporation, and with said corporation being a general partner of HECK PROPERTIES 'j'ROPily CLUB, L.P., a Texas limiled partnership, and (lint he was authorized by said corporation and limited partnership to execute the foregoing instrument for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation and limited��p��jj��artnership. GIVEN UNU El>` MY HAND AND SEAL OF OFFICE, this � .— day of � 0 7W L/ LJ - TISHA HARRIS Notary Public, State of Texas Notary Public (a my STATB OF TEXAS Gammicolah Expinr 47.784 Printed Name My Commission expires on Ihe{; day o 199 wpetic:danW Back foas©manW311 V96 3122 3126 08 Permanent Utility Easement Joseph Henry Survey. A-529 0.801 Acres FND -2581 EH &A Job No. 18156 -01 October 26, 1995 EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 7 DESCRIPTION BEING A 20 -FOOT WIDE PERMANENT UTILITY EASEMENT OUT OF A CALLED 559.3807 - ACRE TRACT OF LAND KNOWN AS TRACT BA AS DEEDED TO BECK PROPERTIES TROPHY CLUB, L.P., AND RECORDED IN DIGITAL INSTRUMENT NO. 80007516 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), BEING OUT OF THE JOSEPH HENRY SURVEY, ABSTRACT 529, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRI13ED AS FOLLOWS: The POINT OF BEGINNING is a northwest corner of said Beck tract, being a point in the south line of a variable width right of way for Marshall Creek Road: THENCE N 89 59' 29" E with a north line of said Beck tract, being the south line of said Marshall Creek Road a distance of 20.01 feet to a point, THENCE S 01 ° 24' 16' W departing said Marshall Creek Road and crossing said Beck tract a distance of 1743.85 feet to a point on a south line of said Beck tract and the north line of a called 210.4629 acre tract of land as deeded to Trophy J,V., recorded in Volurno 3302, Page 693, DROCT; THENCE N B9 57' 54" W with a south line of said Beck tract, being a north line of $aid Trophy J.V. tract, a distance of 20.01 feet to a point, being a southwest corner of said Beck tract, teeing in a northwest corner of said Trophy tract, and being in the east fine of a subdivision known as Country Acres Estates, recorded in Cabinet F, page 41, and Cabinet E, Page 172, pRDCT; THENCE N 01 ° 24' 16" E with a west line of said Beck tract, being the east line of said Country Acres Estates a distance of 1743.04 feeirro the POINT OAF BEGINNING and containing 34,077 square feet or 0.801 acres of land. 51RVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I no l - IEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: F Hust!2rj & A sgrrlates. Inc. _ By: Surveyor's Name: �,�Q F. Wllder Registered Professional Land Surveyor. Texas No. 42_85 Date of Survey: October 1 99 3 Page 1 of 1 Temporary Construction Easement Joseph Henry Survey, A -529 2.802 Acres FND -2582 EH &A Job No. 16156 -01 October 26, 1995 EXHIBIT "R" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 7 DESCRIPTION e , BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT OUT OF A CALLED 559.3807 -ACRE TRACT OF LAND KNOWN AS TRACT 8A AS DEEDED TO BECK PROPERTIES TROPHY CLUB, L.P., AND RECORDED IN DIGITAL INSTRUMENT NO. 80087516 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), BEING OUT OF THE JOSEPH HENRY SURVEY, ABSTRACT 529, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE at a northwest corner of said Beck tract, Being a point in the south line of a variable width right of way for Marshall Creek Road; THENCE N 89 59' 29" E with a north line of said Beck tract, being the south line of said Marshall Creek Road a distance of 20.01 feet to the POINT OF BEGINNING; THENCE continue N 89 59' 29" E, continuing with the north line of said Beck tract, being the south line of said Marshall Creek Road, a distance of 70.02 feet to a point; THENCE S 01 ° 24' 16 - W departing said Marshall Creek Road and crossing said Beck tract a distance of 1743.91 f eel ;o a point on a south line of said Beck tract and a north line of a called 210.4629 acre tract of land as deeded to Trophy J.V., recorded In Volume 3302, Page 693, DRDCT; THENCE N 89° 57' 54' W slang a south line of said Beck tract, being a north line of said Trophy J.V. tract, a distance of 70.02 feet to a point; THENCE N 01 ° 24' 16" E, a distance of 1 743.135 feet to the POINT OF BEGINNING and containing 122,072 square feer, or 2.802 - acres af'land. SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL_ DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: �Espev Huston & Associates Inc,_ By: Surveyor's Name Wild f Registered Professlonai Land Surveyor, Texas No. 4285 Date of Survey: Oct ber. 1993 Page 1 of 1 SURVEY: JOSEPH HENRY A -529 LOCATION: DENTON COUNTY, TEXAS EASEMENT ACQUISITION: 'A" 0.801 AC. "8" 2.802 AC. WHOLE PROPERTY ACREAGE; 559.3807 AC. FLAT OF EXHIBIT "A" & "B" DENTIN CREEK REGIONAL, WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III PARCEL NO. 7 CITY OF SOUTHLAKE 667 NORTH CARROL AVENUE SOUTHLAI<E. TEXAS 75092 MARSHALL CREEK 5 BDISA ION VOL. 610, PG- 257 D.R -D) C. T, (FORMALLY ( A S GREEN E ESTATES 135) LOCK O.'R. D. C. T- B 9 4 5 6 T MARSHALL CREED ROAD N 89.59'29" . E (VARIABLE WIDTH R.O.W.) 70.02' POB 'A' Ci f f i 42 POC 'B' ` i f f —P013 "13' f f r f ff/f - ' 41R Z ! f ! BECK PROPERTIES TROPHY CLUB. L,F. COUNTRY ACRES ESTATES t f r f INST. ND. R0087516 CAB. "F ", PG. 41 (TRACT SA 559.3807 AC.) D- R.D.C.T- f 40R 4., 39R C x 7 B � o SHEET I OF 3 Frpeyr sawtob & �n g7n earl n;p � £n �lro nmenla! Go nsullunls !3800 Monllor/ Drive, Sulle .Y.TO D o!los. rexa7 75240 (2) 4) 387 -0777 PREPARED BY GKP M CHECKED BY JFW DATE OCTOBER 9�5 -_- i 1 °- A JOB/TRACT 16156- John F. Wilder R.P.L.S. 4285 SCALE: 1" = 100' fl 5o' , oo' 200' ppc,.,Rm 'p o. —v 11 s --' !� PROPOSED VARIABLE MOTH TEMPORARY CON5MUCT)W4 / / ! f EASEMENT • r f / f f PROPOSED 20' NICE , f PERMANENT OT7/WITY w fr Q. kc) SD n C - f - - ! f f f f f ! f r MATCH LINE SHEET I OF 3 Frpeyr sawtob & �n g7n earl n;p � £n �lro nmenla! Go nsullunls !3800 Monllor/ Drive, Sulle .Y.TO D o!los. rexa7 75240 (2) 4) 387 -0777 PREPARED BY GKP M CHECKED BY JFW DATE OCTOBER 9�5 -_- i 1 °- A JOB/TRACT 16156- John F. Wilder R.P.L.S. 4285 SCALE: 1" = 100' fl 5o' , oo' 200' ppc,.,Rm 'p o. —v 11 s --' SURVEY: JOSEPH HENRY A -529 - LOCATION; OENTOFI CC4JN1Y, TEXAS EASEI.IE14T ACQUISITION: 'A" 4.801 AC. '6" 2.4302 AC. WHOLE PROPERTY ACREAGE: 559.3907 AG. I PLAT OF EXHIBIT "A" & " "B" OENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE 111 PARCEL NO, 7 CITY OF SOUTHLAKE 667 NORTFI CARROL AVENUE SOUTHLAKE. TEXAS 76092 I SHEET 2 OF 3 l+sg�Yr 3 op "y a. E A68001atss, Ina. �nppl., +eriny 1r vin vAra rr rYlen /caf Con su NOnls . chn F. Wilder R.P.L,S, 4285 )aj Manl/ort Orl S r 2'3 —O771 Da1los. Texvs 752x0 (a^ f A) PREPARED BY _P" . AM SCALE: 1" = 100' CHECKED BY ,1FW — 200' DATE OCT t3 R t 45 v So' Too JOB /TR ACT 16156 -01 PRCPARKD fFP P,)OUC RErrAn% MATCH LINE > ✓ r ✓ , , ✓ ! > 35F2 /! /- - -- '. M1 341{ / /!J/ VARIABI� rn w pEf.1CIR AR FRUCT1 cTH TrM Y DONS _ EASEME11T 13 4 f ! > > > PFIOPOSED 20 Yn6E ._ / ! / / ! PERMANCW UTUILM EASEMrHT 33 !f J J / / BECK PROPERTIES TROPHY CLUB, I -P. ✓ ! ! ! > INST. NO. R006751 ACRES ESTATES CQUCAB, ! > ! ! / (TRACT BA 559,3807 AC.) -E ", CAB, >'C- 172 J ! / ! / D. R. D. C. T. 0- R.O.C.T. 32 LJ ! ✓ ✓ ✓ 31 p MAP of - ! r!, • -. wvlo4E PROPERTY > , - ,EA5EMCNTS MATCH LINE - : - > ! ! ✓ ! _ I SHEET 2 OF 3 l+sg�Yr 3 op "y a. E A68001atss, Ina. �nppl., +eriny 1r vin vAra rr rYlen /caf Con su NOnls . chn F. Wilder R.P.L,S, 4285 )aj Manl/ort Orl S r 2'3 —O771 Da1los. Texvs 752x0 (a^ f A) PREPARED BY _P" . AM SCALE: 1" = 100' CHECKED BY ,1FW — 200' DATE OCT t3 R t 45 v So' Too JOB /TR ACT 16156 -01 PRCPARKD fFP P,)OUC RErrAn% SURVEY: JOSEPH HENRY A -529 LOCATION: DENTON COUNTY. TEXAS EASEMENT ACQUISITION; "A" 0.801 AC. "B" 2.602 AC. wHOLE PROPERTY ACREAGE: 559.3807 AC. FLAT OF EXHIHIT "A" DENTON CREEK RFGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III r �,aRC�L Np. 7 CITY OF SOUTIILAKE 8$7 NORTH CARROL AVENIJE SOUTHLAKC, TEXAS 76092 J. e no° r �AV -s o , z r t� C? v ra z [ti ns co I v � ") -u i �tA ra y In N 01'24'16 E 1743.£34' 20.01' co W 01'24'6 ` * 1 1 `S W " G ti ti , S 01`24'16" W 1743.91' ii �? v oo a � cr v7 rT1 Lh y rn� f3 � 51iEE7 3 OF 3 P"+apeyi lE*fq Ilortou b Arrnals4aE, Ina. $n yfne.ring A' £nvfronm anPol G- -jf—y, 15900 Alonrlorl iOrf". 57710 230 V. Ilos, Taros 1524D (2 f a) X87- -077! PREPARED BY GKT' AM CHECKED BY WW DATE OCTOBER 19 95_ _ A. Jo13f IRACr 16156 -01 John F^ Wilder R- P.L.S. 4285 SCALE: I" = 100' 0 50. 100' x00' "pm Fro. smxxrC PEcorb' After Recording Return To: Stewart Title North Texas 5728 LBJ Frwy., #260 Dallas, TX. 75240 Attn: M. Hyman /108 4„ y�pfF J!I':!`,CIt'i.NKid A . TWT6 T:1£>r4E, ittiv Lu 4n i• r+ 41kv i r f, 1 IDEA fF17�LA1 �l V 0. a T 7As T � rhil a 6 �tnxr .�lwiersii[I)In117�'Fiiel�umbar naea� rsartrrYaY�e: mYrvpp¢�®'r1m'bllnslndwedukRECOR A" Uucca l..R,y; nhn�rdarn n..:•t c....,,..... ;�,; , rCwPay, .xac aq F °fled for Ruu urd in: ©CNTON COUNTY, IX HONDRAPLE TIP) I-muoES /couwrY CLLRK On Jurt 24 19 t k 12 39pm Doe/ Hum • 96-- ROOIL Doc /Type z t_0)li Recording 2 21. Old Doc /itgmt 6:013 Recei�rt H: 19702 Deputy w MARY JUN 2 4 1996 O EM F °fled for Ruu urd in: ©CNTON COUNTY, IX HONDRAPLE TIP) I-muoES /couwrY CLLRK On Jurt 24 19 t k 12 39pm Doe/ Hum • 96-- ROOIL Doc /Type z t_0)li Recording 2 21. Old Doc /itgmt 6:013 Recei�rt H: 19702 Deputy w MARY Scanned EASEMENT AND RIGHT-OF-WAY Trophy Lake LTD Name of Proiect: DCRWS — Denton Creek Pressure System Phase III DC002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Intercepter & Meter Station Project Subsystem #DC004 Parcel No. # SUB1 -8 & 27 Uni ue Identifier Number: DC004- SUB1 -8 1& 27 . ti 0 0 4153 01563 -r DENTON CREEK REGIONAL WASTEWATER SYSTEM h DENTON CRlsrM INTERCLr FOIL SYSTEM PHASE 111. SECTION lit SU USTITUT ION F:ASEM Ir.NT AN D RIGHT OF -WAY (INC;LUI)ING TLIMYORAl2Y EAS>rtRdEiW FOR CONSTRUCTION) Parcels N S and 27 0730fia STA'T'E OFTEXdtS $ § KNOW AI.L A1F3N BY TURSE FRESEN - 1111 COUNTY OF DENTON § THAT TTtopHy LAKE LTU., a Telcas limited partnoothip, acting herein by and through nriaone Clash Cu., LTD., its General Partner: CIark Briscoe Develpprcsent aoutpeny, its General Partner, herainafter referred to as QRANTOR, for and in consideration of Tt,aNENTY TWO THoU6ArgD I" HUNDRED AND NO /TOO DOLLARS (=2,800.00) tad other good and valuable consideration to GRANTOR in hand paid by thet CITY OF SOUTHLAKE, a MWClpai corporation situated in Tartnttt and Denton Counties, herainaRer referred to as GItANTM with its principal office at 647 K. Crurolt Avenua, Souddake, TX 76092, the receipt orwweh by GRANTOR is hereby acknowledged. have granted and conveyed, and do b these prcq*nts grant rand cprrvey, unto the CrRANTFA its suecassora and assian% an easement and right -of-wery to lay, conattuct, inspect, operate, maintaitl, tapalr, replace, cliatae, add and/or remove a utility line or lines with all tsiddental equipment and appurtenances, and she hcreinaflor deaenbed erosion control improvamenra (IILIPROVEMENTS), (all items collectively hereinafter called PACILITIM), in, cxr, over through, under and acrossl uxt caataht land situated ht Dauton County, TeNan, snore partteutarly described in "tibits "A" and "C", attached hereto and made a Part hereof together with: the right ofreasonable ingress and egaw across GRANTORIS. rtmaining land, where nerceasary to and from the above- dascwked tract, for the purposes of laying, constructing, inspecting, operating. Maintaining, relrsiring, repladrig, adding., changing and/or removing said PACILITtES; and a tempvrar}+ construction aaeetruutt, as described in Exiu'bits "11" acrd "D ", attached hereto and made a part hereof; to use in corunction with the construclion of said Initial FACILI7 RS, said temporary construction casement to expire upon Liao earlier to ocCUr of (t) Completion of Caaatruoliorr and acteptrusce by GlUNNTEE of said initial FACILLTIES or (fi) one (1) Year after the data: this docu.ment is exocwcd, There Is included in this grant the right at any lime in the future to lay, conAruct, inspect. operate, nraintalrf, repair. replaco, cimige, Add and/or remove one or Moro additional lines of pipe. approaimatety parallel with the first pipeline or pipelines laid by GRANTEE hereunder, so long as sold t6ture itne OF lines tire within lire conflues offlte meets arid bounds description contained in ExJ "A" and "C ". For erasion control purposes, lha casement rights grartled and conveyed herein to GRANT13E shalt siso indude the right at wry tirno in the ruturo to consvuct, inspect, operate. inabitain, repair. 0 4153 01564 Cl neptote, chanp,A wM and/or remLrve concrete, rack rip rap or other forma of IMPROVEMENTS to protect GRAS 'S exhai tg rind flttttte pipelines located within or e4acent to creaks, gullies and otheraatural or nwKysada water drainage sourest located within the fated area described in Exhihstts "A• ared "C ". The need &Ir and dart orary manta VP.MRNA'S we solely within the GRANT control and dissretloa The .IMPROVEMENTS shell be constructed within the high -flow beundstiesof said water drainage courses. The URAKf'M at its discretion, may excavate and fill withbA the easesmsrtt end may grade and slope the banks or walla or the water drainage eourses to BsoUltele the IMPROVEIVIENT9 design and latagrlty, The physical Umlts of the VAPROVEMENTS shall be entirely cortthted to the area described In $xbibits "A" and "C ". GRANTOR admowledgea that the eansideration paid by GRANTER is trill and final payment fbr all rights conveyed herein. GRANTOR,10VANTOR5 Ite[rs, e%egetors, administrators, successors and assigns, may full teen and eaJoy Feld prend&es encumbered by said easement, except that Swots use and enjoyment shall not hinder, coutlict or intertere with the exercise oPARA14TIMTS rights hereunder sad no temporary or pimtanent huilding, stluou re or resawok shalt be ttactad, plated or constructed upon, under or across the rtgbl -of way and easement Iare[n Wurued widtoutI 3RA,NTJlh urritten tpttsint; provide! ftisthe , GRAN'IK)& GRANT+ WS helM exeenttxa, admWinvators, [moeesaore and assigns, may eonstruct,-dodtcate Find maintain across said easoment and tight -:or -way mercer roade, alleys, utility Wm rand Helloes a will not interface with the time by QkAAITEE of atsid easement and right-ol •way for the purpoem aAvrasald. It10hrtltar*Wccd that GRAN may remove (torn the easement any fbrteea, but[dings, she CMms or oth& obstructions which interfere with tho exercise o GP- 4N'TeITS rights horela and GRANTE13 may trim and cut down trees and shrubbery to connection with the constnmctian, inapectloq, operation, tMittl --M repas , replacement, change, addition and/or removal of said PACILITIMS, if nactlesary. GRANTEE shall clean up and remove all trash and debris, repair and replace fences and repair other damages caused by said eanstructiom Tlma ea"mant rights and privileges Iwtvht granted shall IIe paupetuet, and shatl constitute covenants running with the land and shalt be binding sport and vitae to the benoflt of GRANTOR steel ORANTRIF respectively, and their respective hefts, executers, administrators, successors and aestgfva and said armt Is uxprwaly excepted from any right ofrevarsion of said premises under any prior deeds in GRANTOWS chain ordtftL GRANTEE S tights hereunder weW be assigned ])I whole or In part to one or more assinncea. The temporary construction casemem granted hereirr shalt include the right to excavetc and till withla Ilse temporary canafrucgon 4- -Uemenl, but GRAMSE shall replace Any fences, buildings or other s"uMtrea vAWn Ilea tea'Porary conatracilon esaamrnt without cost to GRANTOR, and shall restaro the property which is subject to the temporary construction easement as closely as passible to it condition prior to etury thorean. El 0 4 [ 53 01565 This lm" twwd is exon ed and debivercd #or the purpose of substltutir%the GRAN VE in the To Have AW To Hold sections of this caws un artd right of way previously conveyed to Ai MOR[TY as racordod in Document Member 96- ROO45833, of the Owed Records of Heston County, Texan TO HAVll AND TO HOUR Iha above- demnbe d easemer» end right -of -way asd rights appurtenant theroto unta 0 4PANMU, its woommrs aW assign% unfit said FAfCtLt'!•tld5 are declared permanently abandoned by GRANTF.$ lu which event said ewerrrent and right -of-way and righter appurtenant th Mto shall cease and terminate and revert to GRANTOR and GRANTOVS heirs, executors, adminWators, atwoeawrs and osargna. GRANPOA hereby buds GRANTOR, GRANTOR'S heirs; executors, athniniettaters, successors and mslgns to WARRANT and FORUW -K DEPEND said easement and rigbt -af -way and rights apps 001nant Oweto unto GRANTEE, Its anracessors and a"gns, eguinst every person whomsoever Iaudixliy ctaimioy, or to dWat, the same or joy part Ommof, by, through or under Grantor, but not otherviwa It is eaprvss�r understood that all rights, canvayauces or covenants are herein wdtten rurd no vm1W agreements ofwW kind shall be binding or recognized or in any way nwdifly this insuument of conveyance- EXECUTE tlua day of _ u 1998, to be effactiae May 30, 1996_ 'I ROPERY LAKE, LTD., a Texas Hrnited pttrtrterahip Sy: SHISCOR CLAM CO., LTD., a Texas limited partnership, Its General Partner Fly: CLARK 9RISCORDRVRLOPMENTCOMPANY it Texas corporwiam Its General Partner 1112 1 1 urea . ws; evosto e, .em��«sr. :aktome3rsc+.u..6& —WJw U r: '• e • 4". . . b+l53 Uf5�� ACKMOWL13DGMF-NT STAT OF TEXAS COUNTY OF DALI AS � satbre on We day personally appeared dames P. HtriscoA knowp tome (or proved tome on the oath of or fl-oO (descrlpdon ofideahty ctttd or otherdacument) + to bathe pesvon whose romp fa subaafbM so the ibregoLms ingnaneet gad ackao%dedgod tome that he executed the same fur the purposes and consldauXan therein expressed. f GIVEN UNpM MY HAND AND $$AL OF @FFICE,1619 &�4 day of =L� _ 1998. N MI N Aay6jjc� S tate otTexa9 C.- Peurted N e My Commission expires on tha day of , pQ-� VOW?&r MMW sreCJnt .+kl awn e+1 WOM L;`r '� �SIS3 flla67 Pernrrenant Ullitly Eesentenl FN 0 -2793 .J, t=ech Survey, Abstract No. 392 CH&A .lab No, 1615"1 0.13T Acuse :. • Jtanuery 29. 1948 EXI-1181T "A" 13Ef�tTOr1 CRIM14 riEGIONAL WASTUWATEn SYSTEM DENTON CREEK INTERCL'PTOn SYSTEM PHASE 1 lu PARCEL NO. 8 BE1N0 A FiFTl!eN frQOT VA05 PEAMANFNT UTILITY EASEMENT AND A O.13r ACRE PARCEL $f= LAND SITUATED IN Ti4E J. EAD9 SURVEY, ABSTRACT N0.302 Of- DENTON COUNTY, TENAS AND BEING A PART OF A CALL150 210.4829 ACRE TRACT OF LAND AS DEEDED TO TROPHY JOINT VENTURE ANn "413ORDFO IN VOLUME 3302, PAGE 893. OF THE 0151=0 1iECORDS OF DENTON COIJNTY. TEXAS (OROCT). SAID 0, 137 ACRE PARCEL. OF LAND BEING MORE PARTICULARLY DESCR18ED AS FOLLOWS' BBOINNING a1 °e point In the south line of said 210.4829 acre Iruct and being the soulhwest comer of n bmet of land canveyad by Trophy Joint Venture to Trinity !,earning Center Ina. and recorded In Volume 3446, Page 410, DROCT and being Lot 1, Block 1 of Trinity Lonming Centaf AddilloA. an Addition recorded In Cabinet 1, Papa 229, o1 the Map Records of Denton Counly, Texas, and being h the north rifle of Village Trail (a 60 fool right of way) from which a found 6!8 -Inch Iron rad boars S 13' 10P 27" W. a dlslanae of 0.42 Peal; f HENCE N 12' 28' 21" E. along the east llne of Bald Trinlly Learning Cerdat. a distance of 15.02 'ee4 to IS poto fn a circular curve to the lelt having a radtua of 1,462.10 feet; rmENCE leaving Bald lino and along sold curve to the tell having a dada a not a of Di' 39' 37, an era distance of 41.e7 feet and hevkry a chord wtrldr beers 9 Of • 19' 32" E, a distance of 41.67 feet o the baglnning.of a reverse curve to the ctgtN having a redlkm of 1,391.26 feet; CHENCE alory said cauve to lho rlghl having a doily angle of 11' 14'01" ; an arg dtelance of 249.89 'met and having a chord whloh boom S 76' 3u" 50" E, a distance of 788,46 reel to a POIN; fhtENCE S 74' 6X -59'V. a dtalonce or B8.S9 toot to a point In the east line of Sold 210,4629 acrd fact, easm balnq a point In the want )Ina of a callod 11.114 acre tract of land deeded to Flrsl Baptist ;huroh at Tcaphy Club recorded in Volume MO. Page 4a7, 1 RDOT: rHENCE 8 09' 57'1W W, with said common flne, a dalance of 15, feat to a southo aal Comer of iald 210.4829 acra traol and ihl+ southwest corner of said 8ep11et Church and being In the norlh Ina of V111age Trail; 'HENCE 470' ST 5W W, feavin€1 sold sOmroon line snd ainng Ihrs north line of Vlllage Tralt, a lislance of 91,9e feel to Ilia bogimtng of a chcularcurve to the left having a redtus of 1,346.28 rest rout which a found 518 -Inch tron rod bears S 10. 156'22 W, a dislarKs of 9.3f feet; 'HENCE along the north llne of Village Tarp and said curve IC the lsll having a dells angle of 1 1' 4'01 an fro distance o(2133,05 foot and Iraving a chord which boors N 76• 30` SW W, ra dlstence -1283-63 feet to the hoginning of a reverse curve to the right havinrl a radtua of 1,491.70 feel; 'HENCE along lha north ilne of Viltago Troll and said cu"o to iho right lieving a delta angto of 0l' 1H' 25 ', an arc distance of 42.99 feel and having a chord wh1cla bears N 61' 10! 36" W, a distance d 42.88 feat to Ilia POINT OF UEGiINNIN'G. and oonlalnlng 0.131 noes, or 5,973 square feel of and, more or less. Paga 1 of 2 i 6153 01-568 0 Permenenl Utility Eseemanl FN 0.2793 J. Cads SU vey. Ab9lrr" No. 392 EMA .lab No. 1615641 OA37 Awes January 29. 193!9 IMM TO ALL PARTIES INISneSTED IN TITLE TO THE PREMISES SURVEYED, 1 00 HEReSY CPMTIFY THAT THE ABOVE LEGAL DESCRIPTJDN WAS PnEPAReD FROM PUSLIC RECORDS AND FRON9 AN ACTVAL AND ACCURATE SURVEY UPON TM! GROUND AND THAT SAMI3IS TRUE AND CORRECT; Company tiaras Eipp 6y' ^ FisirlC/ Surveyaea mgm _,ahn E. V'd7ldar Registered professions$ Land Surveyor, Taxes No. � , ��; ,Okihi I ......... . Date of Survey: ❑clahur_ 1993 I S Page 2 of 2 0 0 4153 01569 nporary Canstrucilon Easernonl FN d -2794 .ads Survey, Abstr8_1 Na. 392 E! IBA lob Na. 16150-01 48 Acxea Jerruary 29. MG • �xr�larr'�B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENrON CREEK INTERCEPTOR SYtS'rem PHASE tlltSeCTiON III PARCEL NO. 8 40 A SMY FOOT WIDE TEMPORARY CONSTRUCTION EABEMl NTAND A 12.646 ACRD t430L OF LAND SITUATED IN THE J. EARS SURVEY, ABSTRACT NO. 382 OF 0ENTOf4 1NTY. TEXAS AND BEING A PART OF A CALLED 210.4619 ACRE 'TRACT OF LAND AG OL0 TOTROPHY401NT VENTURE AND IaIECOMID IN VOLUME 3302, PAGE643, OlcTNIz Z RECOAD9 OF DENTO" COUNTY, TUXA8 (ORDCT). SAID O.G46 ACRE PARCEL OF 0 8EIHt3 MOFM PARTICULARLY PESCRIBER AS FOIAOWIM IMENCINO for raferancs at a point In the south line of sold 210.4829 acre tract and being the "+east emnef ofe tract of land conveyed by Trophy Joint Venttrro to Trinity Lnorntng Contort". rebmded In Volume 3445, Page 410, DRDCT and baing Lot 1, Block 1 of Trinity Learning for Adc!111 n, an Addition recorded in Cobtnsl 1, Page 229, of the Map flecorde of Denton sty, Taxes, and bekrg in the north One of Village Troll (a 60 fool right of way) from which a found nch Iro n rod boars S 13" to` 27" W. a dlstanca of 0.42 feat; NCfw N 12' 28' 21" I?, along the ensil line of said Trlrrily Learning Cenlar, a distance of 16.02 is the POIN740F 8EWNNING; 14CE H 12' 28' 21" E, ountbidng elong said line, a dialanca of 60.09 feel la a point in a circular r to the ]ON having a redlue 431 1472.78 root; 4GE leaving sold line and along sold curva tq the Jeff having a delta angle of 01' 29' U2 ", an Wanco of 38.68 feet and having a chard which bear e. S 61 23' 1 t1" E, a distance 0136.65 rest a beglnakU of a reverse curve to the right having al radius of 1,421.26 foot; 4GE along sold curve to the right having s delta ongla of 1 t' t4' Ol ", an era distance of 270.65 and having a chord which bears S 76' 3V S E, a distance of 278.21 to at to the point of rncy; ME 8 70' 63' SU' E, a 41'alanoe of 79.90 feet to a point In tine east lino of said 210.4429 acre same lasing a point in the roast line of a called 41.60 acre tract of land leaded to First Saptfat :h of Trophy Club recorded In Volume 1966. Page 467, DRDCT; ICE 8 09' 67' 10" W, wtlh Bald common line, a distance of 60.77 feet to an angle palm; ICE N 70' S3' SO" 1N, leaving sold comuran $Ina.. a dislance of 89.56 Peet to the beginning of ul$t curve to lho tell having s radius of 1,361.16 feet, ICI3 along said rive to the tail having a delta angto or 11' 14'01", an are distance of 268.69 rid having a chord whictr beam N 76 5[S" W, a distance of 166,48 feet to the beginning of rfee curve to the rlghthaving a radius of 1,482.74 foal, ICE along said curve to ilia right having a defle angle of 01. 36'37", an arc distance of 41.07 rnd having a chord vfilch bears N Of' 19' 32" W. a distance of 41.87 reel to Iho P0114T OF MING, and conlaWng 0.846 acrea. or 23.805 square fool of land, rnora of less. nape 1 of 2 0 4153 01570 TolMorery Conalttwilon Eastman! J. Ends Survey, Abstraal No, 392 4.646 Acres FN Q•27g4 04&A Job No. 18158.01 January 20, 1990 ' BUEiVfd_Y_C?R'� CEfYi'I�IGA'1'fc TO ALL PARTtt?9 INTERESTED IN TITLE TO THE! PREMISES SURVEVEED, 1 DO HEREBY CERTIFY THAT THE ABOVE LEG AL DES CRIPT10" WAS PREPARED FROM PUBLIC RECORDS AND FRDMANACMALAND ACCURATE BUnVEY UPON THE 4ROUNO AND THAT SAME I$ TRUE AND CORRECT. Campany Nernn; @E2ey.El1an 8. Assoalates. 4io, Surveyera '"eme; _Aphn f;. WURL Ftegl9tot'es1 Prafaeslanal Lend-Surveyor, 7exma Ma. d .85 t 1 ;.�,,�` �• � Cate of Survey Oclaber. 4j%j i Page 2 of 2 19 4153 a 1 571' PLAT OF EXHIBIT "A" & "El" e Q' 4 0 ornroN CRCCif REa6H4L WASTEWArM SYSTEM DENTON CREEK PUSWRC SYMM PHA lJ /SECHON 111 _ P ARCEL r[ O. (I alY Of SOU11HLAM9 657 NORTH CARROL Aw t16 $WORAW. T"AS 78092 1' , or 1. BLOCK I TROPHY JOINT vefan$W 15.04' f UAR1VINt3 CenTER VOL .3302, PC. 693 d.1Y A001110M {CALLED 21a_18ZR AC.) 1162.70 RadA1s .• 1472.70 AB. 1, Pi 229 ItR.n.C.T. 00.77' M.RD.( . frwsa Ir +1,97 Ch. - 39.113 s arly 1r c c. s. 9 81`2]'19 c Lfc."Ma CE"TER Cov�tAftC�i101N�'ilW� 9 so-• 190' 3 4411, +10 E13 1,054M _ .._. _ ' r p.n.D -Q T. `. Pon "D tS6.A9 Ara � I76.6S zle.+a th. � l7A21 [mile? nA9t GAPWST C"URCH VOL, 1886. PD. 407 6d At-) (CALLEh w ? 'A" 4 EO i7oivj 1 t H - N '^ 15.04' • 11-14'1" Tx S 4`57`10' W d.1Y rw to the Ldl (A) CS Curve le Lhe Left T3 N 12'29'21' E 1162.70 RadA1s .• 1472.70 N 76'30 W 40Io - 1'29`2' 00.77' 11.0E Am 36.05 SCALC! I - 1170' +1,97 Ch. - 39.113 s arly 1r c c. s. 9 81`2]'19 c 149 F. 70 'rva 19 the 140% (A} C6 Gnre to the 18101 9 so-• 190' 13tT1 a rNs" — 1421.20 _ .._. _ ' r Oeflu - 1171'!' cy 1M'r tS6.A9 Ara � I76.6S zle.+a th. � l7A21 S 7e•3o'aa" t C.a, ,. s 7e'w`ao° e aFYe to The LaH 1716.76 rl N IY'2B 21' E 15.04' • 11-14'1" Tx S 4`57`10' W 26 ?.43 893.93 T3 N 12'29'21' E mom N 76'30 W rs S 9'9)t'10 1R 00.77' r" to the Afq.4t SCALC! I - 1170' :D BY JF 149 F. 70 JAHTIATTY, 1e9e 9 so-• 190' • 1'33'35' _ .._. _ ' 12.e9 1 x.Tt N 61.1a'35• w f�fJ F.��Jfl,[TLIT nm � a. relcr r"' . • Jul odteA IM&A lean "•rnp 6 Cn rr +"rrnr¢nlel Gnniu /1¢1.11 i Men1I"rr d.,w, s r; sa .T9hn F. Wildar R.P.L.S. 4, r. r.yn! r7J'�d (Sf 1J Jel —dal! IEO By oc °-- �- SCALC! I - 1170' :D BY JF JAHTIATTY, 1e9e 9 so-• 190' l0B /1FiAr► seis,3 _ .._. _ ' f�fJ F.��Jfl,[TLIT nm � a. relcr r"' . • 11 r Permanent Utility Easement �} J FN 117-2801 J. Eada Survey. Abstract No, 392 EH&A Jab No. 10156.01 J. Henry Survey, Abstract No. 529 1,090 Acres Refvisad May 24, 19D0 EXIORI T "A" DENTON CREEK REGIONAL WA8TEWA7CR SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE N1ISECTION III PARCEL NO. 27 ' 13EING A FIFTEEN FOOT WIDE PERMANEMT UTILITY EkSEfr18NT AND A 1.089 ACRE PARCEL OF LAND SITUATED IN THE J. E4t7S SURVEY, ABSTRACT NO, 382 AND TFIE J. HENRY SURVEY, ABSTRACT NO, 529 OF DENTON COLMTY, TEXAS AND BEING; A PART OF A CALLED 210.4929 ACRE TRACT OF LAND AS MEDED To TROPHY JOINT VENTURE AND RECORDED IN VOLUME 330:. PAGE 953, OF THE DEED RECORDS OF VENTON COUNTY, TEXAS (DROCT). SAID 1.098 ACRE PARCEL OF LAND BEING MORE PARTICULAFtt.Y IDESCRIBEDAS F:OLI-OW$. OP- CUNNING rat a northwest cornea of salt] 210.4029 acre tract. some being a southwssl cornea Of a called 566.3007 acre tract of land (Tract SA) deeded to Beck Properites Trophy Club LP recorded In Convayence Number 93- ROO8751a, DROCT, and being In the east line of Block 7 of Country Acres Ealeles, an Addition recorded In Cabbel E, Slide 17x, or tits Map Records of Oenten County. Taxes; THENCE S 89. 57' 54 " E. along the north ifne of aaki 214.4629 acre tract and the south the of 5614 539.3907 acre tract, a distance of '15.00 feet to a point; THENCE S D1' 74" 16"W. leaving said tine and crossing said 210.4029 acre tract, a distance of 806.46 feet to a point; THENCE N BB" 54' +4B" VV, a dWlanoe of 987.21 feet to a point; THENCE 5 00' 05' 21)" W, a distance of 411.13 feat to a point; THENCE S. 05' 01' 45" F. a distance of 74.62 feet to a point being in a circular Curve 10 the left having a rradius of 380.1)0 fuel; THENCE along said curve to the lefl having a delta tingle of 28 55' 12 an arc distance of 158.44 feet rind having a chord which bears 372' 1113'26' W, a distance of 190.19 fQ0t to a point; TWI=NGE S 57° 40' S0' W, a distance or 48.39 feet to a point; THENCE a 30 38' oW E. a distance of 289.66 rest to a point being In a ercular curse to the right having a radius of 690.00 feet; TN ENCE along sold curve to the right having a delta angle at 19 an arc distance of 209.38 feel and having a chord which bears S 20' 46' 30" F. a distance of 225.24 feet to a point; THENCE 3 10' 57' OD" E, a dWarncea of 55.17 feet to a point In the agreed south line of said 210.462g acre tract, same being a point In (tie agreed north line of a tailed 15.0 acre tract doaded to Northwest Independent Soho! Olstrlct rocordad In Volume 1070, Page 371), DRDGT, and said boundary line agreement being reuprdod vs Convoyanoo Number 86 - RE1022106; page 1 of 2 Permanent Willy Esserr, - 4 153 0 15 1 3 J. Eads Survey, Abstract No. 392 J, Henry Survey, Abstract No. 629 1.099 Acres FN 0 -29uT EHSA Job No. 16166 -01 Revised May 24. 1996 THENCE 3 83° 33' IU' W, along said eonmlorr line, a distance or 15.05 feetto the southeast corner of a called 31.785 acre Iract of land conveyed to Lakeside at Trophy Club Llrnited WadnorshlP and racorded as Cwwayance Number 99 -R001 0139b; TI-144cE along the east line of sold 31.785 acre lraol tho following seven (7) Causes and distances: I. N 10. 87' 00" W, a dislancs of 04,170 feat to a point being Ina circular curve to the left having a radius of 848.00 feet; 2. tang cold curve to the left having a delta angle of 19. WOW. ah arc distance of 221.21 feet and having a chord which bears N 20. 49' 30" W, a dfstanoe of 220.12 feet to found 5f0-Inch Iron rod. 3. N 30° 36' 170" W, a distance of 204,02 real 't , a found 518 -inch Iron rod. 4. N 97° 18' 60" E, a dtWence or 132.85 feet to a round W84rich Iron rod twin? In a Circular curve to the right having a radkm of 395.00 feet; 5. along eaJd out" to itio rlghl having a delta angle of 27° 30'213". an arc distance of 180.87 feet and having a chord which bears N 71" 08' 34" E. a distance or 18e.93 foot to a found 6/a -Inch Iron rod; 8. N 05 01 W, a distance of 69.99 feet Io a found 5184noh iron rod; and 7. N 00° 05'29" E. a distance of 420.80 feet to a found 618 -Inch Iron rod in the north line of said 21o.4628 acre IF801 and the south line of sold Blook 7, THENCE S 89 54' 40'E, along said common line, a distance of 987.65 fool to the southeast carver of Brock 7; THENCE N 01" 24' WC, along a west I6ie of surd 210.4929 acre tract and the east line of Block 7, a distance of 091.44 feet to the POINT OF BEGINNING, and containing 1.098 acres, or 47.910 square feet of land, more or less. TO ALL PARTII38 iNTEIRESTEO IN 'TITLE TO THE PREMISES SURVEYfl7, 1 00 HERESY CERTIFY THAT THt; ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM ANACTUALAND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 1S TRUE AND CORRECT. Company Name: By: Surveyor's Name: John Strawhrldae Registered Professional Land Surveyor, Texas No, 4283 Date of Survey: 9c lober, Page 2 of 2 Te,,nparary c or.st rurdtorr t-,a ry,9r,1 4153 0 1 5 7 4 � rN n -zeOa J. Eads ISUrvey. Abstract No. 392 r-H&A Job No. 1815"1 J. Henry Survey, A68trad 110, 529 Revised May 24, 1896 4.391 Acres G ll re e ? 'A" tYXf-11131T "B" OENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR aYS7F-M PHASE IIIISECTION 111 PARCEL NO. 27 BEING A SIXTY FOOT W 3E TEMPORARY CONSTRUCTION 1 ASR.MENT AND rA 4,391 ACHE PARCEL. OF LAND SITUATED IN THE J. EAD3 SURVEY. ABSTRACT NO. 302 AND THE J. HENRY SURVEY, ASSTRACTNO. 529 OF DENTON COUNTY, TEXASAND BEING A PART OF A CALLED 210.4629 ACRE 'TRACT OF L.ANU AS DEEDED TO TROP14Y JOINT VENTURE AND ReCORDED IN VOLUME 3302. PAGE $93, OF T14E DEEP! RECORDS OF DENTON COUNTY. TEXAS )DRMT). SAID 4,3911 ACRE PARCEL. OF LAND BEING MORE PARTICULARLY DESCRIL3EDAS FOLLOWS. COP4MENCINt3 for referance, at a northwest corner or said 210.4629 acre tract, name being a southwest corner of a celled 850.3607 acro tract of land (Tract SA) et; deeded to Beck Propertles Trophy Cfttb LP recorded M Convey&xsr Number 03- ROO87510. ORUCT, and being In the east Una or Black 7 of Country Acres Eslates, an Addllbrt reewded In Cabinet E, Slide 172 of the Map Rucorde of Denton County, Texas; THENCE S 69 57154"12, along the norili llne of satd 2"10.4820 ow* tract acrd Itra south tine or swatd 589.3807 acre tract, a dislanca of 18.00 rent to Ilse POINT OF BEOINNING. THENCE Sag' 57'64" E, continuing Wong call common 11ne, a distance of 60.02 feel to O palnl; THENCE S 01° 24' 16"W. leaving sold line. a d1slanoe of 960.53 root Ip a point; THENCE NOS* 54' 413" W, a dlotance of 095.86 feM to a point; THENCE 300' tali' 29' W, a dlstanco of 348,45 feet to a point, THENCE S 06 Ot' 4S' E, a distance of 14 0.56 feet to a point being Ina alroular curve to the loft having a radius of 320.00 teat; THENCE along sold curve to the test heOng a delta angle of 39° 31' OY '. an arc distance of 220.71 feet and having it citord wliteh bears $ 78 46'03'W, a dlelanco of 216.36 feet to a polvil; THENCE 3 31)° 39' 00" E, a distance of 211.96 feet to a polnl being In a circular curva to the right having a radius of 720.00 real; THENCE'atong sold curvo to the rigtrt having a dells anglQ of ier 39' CO". an ere distance of 248.93 Isal end havinfl a chord which bears S 20' 46 E, a distance of 245.72 feet to a point; THIcN 'E 3 1o 57' o0" E, t< distance of 68.50 feet to a point lrt The agreed south line of said 210.4B2O acre tract, same befog a point In tha agreed north line or a - ,*Ilea 15,0 acra tract of land deeded to Northwaal Independent School Ofe(det and recorded In Volume 1070, Page 375, l7ROCY and said boundary line agreement being recorded as Conveyance Number DU- ROO22148; THENCE S 93' 33' 10" W, slartfl Bald common line, a dtalance or80.19 feel to a point; Page 1 of 2 . Tentperary Ganslructlon Ee.,drnanl 6153 ®1575 J.'Eads ,Survey, Abstroct No. 392 J. Henry Survey. Abalfact No. 529 4,391 Acro9 r 0 PN U -2899 E4`3„4 Job No. 10158.41 Revised May 24, 199$ THENCE N 10° 67' or W, leaving Dahl 11ne and croosirrg sold 210.4629 sere troy,!, a dlsisnoo of 65.17 feet to a point being In a cfreular curve to the left having a radius of 860.00 feet; THENCE along said curve to Ilia left having a tleiht angle of 19" 39"5]0°, an arc diatence of 226.35 fuel and h nvinU a chord which hears N 20" 40' W 1M a distance of 225.24 feet to a polnt; THENCE N 30" 3B' p0" W. o distance of 269.56 feet l0 I3 point, THENCE N 57' 10' 80" E. a distance of 49.39 feet to a paint being In a circular oUrve to the right having a radius of 3So.u0 reef; THENCE along said curve to the right having a delta angle o129" 55' 12 ", an arc distance of 198.44 feet and having a chord which bears N 7Z• 16'28" E. a dislanca of 195.19 feet to a point; THENCE N 08 91'45"W, a dlatance of 74.82 feet to a point; THENCE N 00° 45' 2t3" E, a distance of 411.13 feet in, a polnt: THENCE t3 S9" 64 E. a distance of 907.21 feet to a point; THENCB N 41" 24' 19" S. n distance of 909.49 feel to the POfNT OF BEOWNIN©, end eontalnfng 4.391 acres, or 1$1,261 square feot of lead, more or less. TO ALL PARTIES IWERESTEf3 IN TiTLQ TO THE PREMISES SURVEYED, i DO HEREBY CERTIFY THAT THE ABOVE LE 30.L DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: B 4, 09 Surveyors Name: jQbo mmurldge fptµN gr viii . 1 aE, R910l9tsrad Prnf45EC1onnI I InA C.,av -, T.- Ain A'Mq 0 4153 01577 cimmi -Al ROWAC 3836 Weebum Drive D4]lv-% TX 73229 cimmi Scanned EASEMENT AND RIGHT -OF -WAY Jimmy R McLeod Name of Project: DCRWS — Denton Creek Pressure System Phase III DC002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor & Meter Station Project Subsystem #DC004 Parcel No. # SUB- -9 Unicrue Identifier Number: DC004 -SUB -9 r� L 0 DENTON CRFY-X REGIONAL WASTFINATER SYSTEM DENTON CstV -KK INTERCEPTOR SYSTEM PHASE M. SECTION 1!1 SUBSTITUTION EASEMENT AND IRICs1iT- OF -WAV (INCLUDING TM64POP ARY FASEMENT FOR CONSTRUC 1ON) Parcel H 9 . r- -. STATE OF TEXAS 0 9 KNOW ALL MEN BY THESE PRESEhTTSa C{1t. N Y 431V DF-KTON $ THAT 11, Dr, Jlmmy IL McLeod, Pawtor or Fist Baptlat Church of Trophy Club, hereinafter referred to as GRANTOR, fbr and in clm adcrallon of SEVEN THOUSAND AND N0 1100 DoL.1.AP-S (S7,000.Uo) and other goad and valuabta coneidertatiort to GRANTOR In hand paid by the CfTY OF SOUTEILAKE, a rnunitspad curpgration situated in Tarrant and Denton counties, hereinafter referred to as Qom. with its principal office It 667 N. Carroll Avenue, Southlake, TX 76492, the receipt of which by C?RAN' OR is hereby Aevnr Mrvtved. have aranted and conveyed, and do by these presents grant and convoy, unto inspect, operate, maintain, repair, replace, Change, add and/or remove a uuuty u119 v- , 1 - with all incidental equipment and appurtenances, and the herrrinaRcr described erosion Control improvements (1MPROVEMF -NTS), (tall items collectively hareinalles called FACtU in, on, over, thtough, under and across that certain land shuatotl in Denton County, Texas, more patties arly desctibed in Exhibit `A attached hereto and naade a pan hereof', togather with: a teatporrry construction ea sement, as described in Rxhibit "B ", attached hereto and made a part hereof, to use in connection with the construction or said initial. FACiL Tt 1ES, said temporary construction easement to expire upon completion of construction turd acceptance by GRANTER of said initial FACILITIES. - There is included in this grant the right at any time in the future to lay conatruet, inspect, operate, maintain, repair, replace, change, and remova additional lines Of pipe approximately parallel with the first pipeline laid by GRANTEE hereunder, to long as said Future line is within the Confines of the meets and bounds description contained in P.xhihit "A ", does not affect any other utilities in places, and does not exceed the carrying capacity of the initially Installed limn• For erosion control purposes, the easement rights granted and conveyed heroin to GRANTEE shall also include the right at any time in the future to construct, inspect, operale, maintain, repair, replace, change, add and/or remove concrete, mck rip rap or other forms of IMPR0VF.MFNT5 to protect GRANTEE'S existing and future pipeline located within or adjwr L to creeks, gullies and other natural or men -mada water drainage course$ located within the land area described in Exhibit "A ". The need for and design of any 1WRQVEMEN'TS are solely within the GRANTEE'S control and discretion, The IMPROVEMENTS shalt be constructed within the icigh -flow 0 0 botinWes of said water drainage courm. 'rhe 13P-k CE13, at its diacretian may ext -Mvate and fill within the easement and E may gra an d slaps the banks or wallatha water drainage courses to meditate the iMPROvMEN V desigis and intatri T e in Phys "al iinuUS of the IMPROVEMENTS shall be antirdy cordiaed to the arm t ri W. +ORANTQR mielmorwledges that the cottsidermition paid by (IRANIF.E- %s fiM and final paynsent for all hot& conveyed herein. QR.A1St�OR, GpANTOR'S heirs. executors, MmWistmoM strceesaora and assigns, may fluky use and enjoy said pretnittes crnzu:nborad by said easement, except that such use and cnjuytneatt shall must hinder, conflict or interfere with the oxereiaa of fIRAN'MA'S tights hereunder and no temporary or permanent building, structure or reservoir shall be crested. planed or constructed upon, under or across the right -of -way and asl granted ernent herein anted without tdRANTEFS written consent; provided further, OP- MVTOK, ❑RANTOWS heirs, executom, administrators, successors and assigns, may construct, dedicate and maintain across acid easernem and r ight -of -deny such roads, lteys, utility li es n purposes � efor 11der6nra with the +_use by CITy of said easement t3M . It is Rather agreed that CjtCAAN1A r true} -•-° structures or other obstructions which interfere with the exercise of 40RANTP -n'S rights ha and ORANTEE —Y trim and cut down trees and shrubbery in cannmtion rith the Construction, inspection, operation, maintenance, repair, reptaneme il, ahsnga, add and/or removal of said FACILITILM if nocessary. GRANTEE shall clean up and remove mill trash and debris, repair and rcpiaca Peaces and repair other dautages caused by said construction. The easement rights an d privileges herein granted shall be perpstusl, and shall constitute covenants running with the land and shall he binding upon and inure to the benefit of GRANTOR and GRANTEE, respective!.}, and their respective heirs, "Cutora, ada+inistrators, successors and assigns and said grant is expressly excepted from any right of reversion of said premise" under any prior deeds in GRANTOR'S chain of title GRANTEL'5 rights hereunder may be assigned in whole or in part to one or more sasignse s. The temporary eonstrtuctioti eatevnent granted herein shall include the right to excavate and fill wiritin the temporary coratruction easement, but GRAffrmi shall rep!aco any fence", buildings or other struCures within the temporary constructions easement without colt to GRANTOR, and shall restore the property which is subject to the temporary construction ettstment as closely ea possible to its condition prior to entry theteon. This Instrument is executed and delivered for the purpose of substituting the CrRANTEE in the To Have and To Hold sections of this easement and right of way previously conveyed to .AUT"()RjTY as rccmdod in Documem Number 9ti-R0045354, of the Deed Records of tkniton Covrty, Teeters. To HAVE ANv rO HOLD the above.descAbed easement acrd right- of -wsy rights appurtenant thereto unto GRANTEE, its successors and assigns, urttd said fACtLITIRS are dedised pertnuroutly aWdoned by GRAWER, in which event said M"ment and fight way and Aghm appurtenam thereto shall cease and terminate and revert to GRANTOR and GRANTOR'S b6M executors, admlttitdratan% M=M M and aucagnt. GRANTOR hereby binds GRANTOR. M AWGIUS heits, ezocxnors, adnxW*txators. M= Mom and assigns to WA Fj AN and FnRuvER DEFEND acid cascmcfA and right -of way and rights appurtenant theretq unto GRANTEE, its mwcasaors and usigns„ against every person whomsoever lawfully claimh1g, or to elaWM the carne or any part thereof it is expressly understood that ail rights canvey&nces or ecmmants are herein written, and no verbal agr+gonmu s of any kind shall be binding or recognized or in any way modify this instrument of conveyance. j whit Baptist Churtb of Trephy Club By: Dr_ Jh r �va�:a.nt�naw v�r�Mtc Itnrnrre 0 0 ' • '-t � 1 J t � � � J J ACKNOWLEDGMENT STA OF TEXAS i4 COUNTY OF BENTON BSFORS ice, the undersigned udhotity, a Notary t+caislit, In end for said County and Stan on this day petaon&Uy appemed, Br. 31mmy R. Mel. known to me to be Cho peraoa and officer whose tame Is subscribed to the foregoing iaatmment and acknowledged to me that be is the Pastor of weld First Baptise Church eafTrophy Club, and that he was authorized by said church to execute the tbregoing Inetrument Cur the purpose* and mnsideration therein expreamd, in the capacity therein stated, and as the act And deed of laid church. nlV,F_N UNDERbff BAND AND 58A L OF OFFICE, this z day of ��LFCrs�� c�ute.y P.mi d Nase ttity C.am.nieuon a pt.ar as thr _dry of - - _ s 149 epetb 'w2.rewlpVt 2n 7R7ft FN U -2779 Ternporary Construction Easement ENgA Job NO. 101 W-0I J. Eads SurvsY. Abstract No. 392 January 25. 1496 0,983 Arras EXHIBIT "B" DENTON CREEK REOIONAL WASTEWATER SYSTEM DENTON CREEK 111 INTERCEPTOR SYSTEM PARCEL NO, Q PARCEL OF F tANC1 S - TEMPORARY tN - THE J. LApS B IsY Ae, FtACT tV0�392 OF DENTON COUNTY, T'EX" ANN REIN 13 A PART OF A CALLED 11 .80 ACR1~ TRACT QF LAND AS gEEt]t =0 TO FIRST BAPTIST CHURCH OF TROPHY CLUB AND RECORDED in VOLVME i989. PARE 467, OF THE DEeD FtEcoRD9 OF UENTON COUNTY, TS AS (4ROGT), SAID 0.903 AG RE PARCEL OF LAND BEING MORE PARTICUL -w -, LY o4= SCRIBED A9 FOLLOW&= COMMENCING for reference at the lou11wiOlt earner of sold Church tract, Bern$ being lei a lest lin* of a railed 210.4629 gag trACi or land 2i deeded to Trophy Jolnl Venture and recorded i Yo1um2 3502, page 593, DF31)CT, #ref being in the north line of v illage troll, ( 60 toot fight of wsjt Joint V nture tract. a diet• .0 115 to fe to it e so PO1Ni` OF t BEGIN INq v ast line pf Mid YrophY THENCE N 09 b7' 1 Q" E, continuing 21000 sold tirw, a distance of 00.77 feet to a point; E curve o NCE 3 W, a having a so ld commo 1 r, tin , a distance of 363.84 rest t0 a Paint being ht a H THENCE along sold cave to the right having # delta angle Of 29' 45' 5B ", on era distance of 3 35 . 80 feet and having a chord which boars S 66* 3C' 61" E. a distanccs Of 333.07 feat to a p41nt; lot r i g ht or E 8 ' C b e q . A d ar curv 88 fe I Ik having a r of 925.00 Inat3rivr (a 69 heel _....... _._.. .,._ ..,.r un+ of Trophy Lake Drive and said curve to the leR havi # A II, W is distenc2 of 60.65 hef to a point; T14ENCE N 42" 07' 531" W leaving sold tine, a dlslonco of 29.05 feet to a point bsing In a altcvlaf curve Lo the left having a fadius of at o•42 root: THENCE along +aid curve ea the 1231 harving a delta Angle of 20 45' 68', an sea distenea of 308.47 feet and hsvini/ a chord which beers N 58 30 61" W, a dlstenr a of 303.29 feet to M paint; 353 , p 8Q3 ecr s70r 42.8 squar e dist at ond more 1%1e�5e POINT OF HEOINNI"G. and containing Page i of 2 �► E • `I"emptsrery Consl n k...,gmaht EN b -2179 J. Eedr Survey, Abmlrwel No. 392 UNBA Job No. 1@159 -01 0.863 Acres Jwrwsry 26, 1996 no TO ALL PARTIES rNI'ERESTEp iN TITLE TO THE PREP ISE9 SUnVEYVD, 1 00 HEREBY VEnTIFYTRAT THE AeOVL LEGAL Dt38CRtPTI0N WAS PREPAngo FROM PUBLIC Rp -CORDS AND FROMAN ACTUAL AND ACCURATE SURVEY UPON TH9 GROUND ANO THAT SAME 19 TRUE AND CORRECT. ComP" Nome. Survayw': Nmnw. Join F_ WJidur RoUlmfarad Prolsoak wwl Land Surveyor, Tkx*s No. J2 Date of Swv %22M AL 1901 Pace 2 of 2 R . JoNN F, R WILtr 1 I PLAT OF EXHIBIT "A` do "B` r7f0t't-17 C,I DRIVE (g0 ROW) A r� 1 1 1 S CREEK NiG�UrinL W)kSTEWATETI SYSTEM A 4701 A& 17. 1![NTOII f]IE61t rvE3SURL sYsnm !'RASE Ill /3 HI PARM NO. a" OF IOWMAKC do? NORTH CARAM A%4lrU[ "WTr6ANW, I%PtAS 700*9 T� r ep Q 1 1+ 1 1 1 ru`en cwjm�e�ew � e r 1 I I t 1 1 f l � l � llT �i�l`1 . T I I f t 1 e! frseST 9ap1 i C OF TROPHY CIUB t 1 1 1 1 R - 910 42 ►., 5906. Ap- sdT (CALLEt7 1l.W AC. 1 1 1 1 1 1 L - 300.47' }! CO- 9 38 E "126 07 6 - 00`3e'fT3" 1 1Ff�1 1 , R+ 623.U0 rar +0t1 'w' I f i T 1 1 I I 1 1 c] .' YA1 w 1 1 1 ► 1 �� c • Q p R . 1 0-4 2 , 8' R - 670 -�a' - 130.6P' 1 1 � CB+ 3 Se'7p ° al" C 1 �1w s a 7 1 ! 1 1 1 fl � 475:417' t 4 1 L C13 a 30 w 1; C — e4. FK7B "A' 1t N o431 c ta.ly' HY JOINT Y1:rHTURE p4� - 11 S 07'!17.90: C TROP 29.07, R. 643 3yQQ rgw T] N v7' 4 W 70.15 1 1". 7302, P TAR H 49'97'59' E 60.77' (CALLEti 219,4679 AC.) 5a s ♦7n7'aa' r: + � tt'' r.ea• •sn�1.l+.t. ft.. � rn 9 .n.a.rna a rn IM fasten lb vl.anlA.nrc! Cana Wlpnl• - rl /oee 1r.,,1ra.. o.r ». a wrn ago hry P. Wpder R.P.t. $. 4285 + JCF1N F 1 a,7 ;a9 f7ra) as 7 - OJar �{ 4285 rY' PREPARED BY co SCALE; 1" d 10D` JF W r. . CHECKED By DATE Al 1l9tl E.H. & A. l08JTRAA 1 �' a -U riled for RecOrO in: oemy 1N COUNTY, TX 110NORRNIE JIM HabSCS /COUNTY CLERK Return to: On Jon 16 %998 ROWAC At 4:145pe 39M Weeburn Drive Onc /Hum : 94&- Rif @St538 D.K s, TX 15229 Doc /Type : 19.88 Hvcordiny: oac /Mgnt : 6.e6 I L cc Deyu ty CheYyl Scanned EASEMENT AND RIGHT-OF-WAY 'i reishv Lake LTD Name of Proiect: DCRWS - Denton Creek Pressure System Phase III DC002- Section I DC003- Section II DC004- Section III DC005-- Kirkwood Branch Interceptor & Meter Station Fro' ect Subsystem ##DC004 Parcel No. # SUB2 -8 & 27 Unique Identifier Number: DC004- SUB2 -8 •gc 27 i iktf469 PG1349 ILira rZJ DENTON cREEK REGIONAL WA9TFWATER SYSTEM Dl &1NT0r CHEEK I NxEktcxrr0A SYSTEM PHASE m, SEC"Orr m sUBSTrFUTION EASEMENT AND RIGITT -0F -WAY (UgCLUDINO I-ENVORARY lfa cds M 8 an W FOR CONSTRUCTION) 3TA fit OF TEXAS 8 KNOW ALL MEN HY THESE PAMENTS' COUNTY OF DENTIN THAT TROPRY I.AKE LTD., a Texas limited partnership, acting herein by and through Briscoe Clark Co LTD,, its General partner: Clark EJriscoc Development company t Partner, hereinafter referred to as GRANTOR, for and in consideration of TWENTY TWO rUO US&" 1r1V1=; REJNDRED AND NII300 DOLLAT1fi (S22 ,500.00) and other good and valuable consideration to (IRAN'rOR in hand paid by the CITY DF SOU TIIA- tcts a municipal corporation situated in Tarrant and Denton Counties, hercinafterr rarerred to as OP ANTEE, with its principal office at 667 N. Carroll Avenue, Sout-`rlake. TX 76092, the receipt of which by GRANTOR is hcreby aaknowledged. have granted and conveyed. and do by these presents grant eadaonvey, unto the GRANTEE, its sttocessora and assipna, an easement end right- of-way to lay. construct, inspect, operate. maintain, repair, replace. change, add w%Vor remove a utility line nr lines with all incidental equipment and nppurtenarrccs, and the hereinafter described erosion control improvemonns (iMl'ROYMEN T5). f al l ilum s collectively hereinafter called FACII.ITIES), in. on, ovcr,thmugh. under and across that certain land situated. in Denton County, Texas. snore parliruL&riy described in 1'xhibiu "A" and "C". attached heroto and made a part hereof together with; the right of reasonable ingress and egress across GRANTOR'S r mlLi"Lng land, where necoe9siry to and from the abov&described tract. for the purposes of laying, canshvcting. impacting. Operating, mairntaining, repairing, replacing, adding, changing and/or rcrnoving said FACILITIES. and a ta construction easement, as described in Exhibits "I3" and "p attaolted horelo and n ade it part hereof. to u se in connootion vrith the construction of said initial FACII ITIES, said temporary 00113trucu(n% casement to expire upon the oarlicr to occur of (1) ,31opletian of construction and acceptance by GRANTEE of said initial FACILITIES or (ii) one (1) year alter the date this document is executed. There is included in this grant the right at any time in the future to lay, construct, inspect, operatal maintain, repair, replace. change, add and/or ramove n One at more additinal lines of pipe approximately parallel with the first pipelirto or pipelines laid by GRANTE3E. hereunder, so long as Said future line or linos arc within the confines ofthe meets and bounds description Contained in Exhibits "A" and "C ". FUrerosioncontrolpurposes, citeeasement rightsgrantedandconveyedhereintoGR "TEE shall also include the right at any time in the future to construct, inspect. operate, maintain, repair, 0 0 VOL4469 FIG 1 350 replace, change, add andlor remove concrete, rock rip rap or other forms of QypROVEM LNTS to protect GRANTEE'S existing an d Wturc Pipelines Located within oradjscertt tocreeks, gullies turd other natural or tnan•rroda water drainage courses boated within the land area described in Exhibits " A" and "C" The need far end design of any 114iPEtOVEIVIENTS are stalely #. C ARAN'TERScontrol arid discretion. The lrviPROVEMF• NTS shall beconstructedwLthin the high- flow boundaries of said water drainage courses. The GRANTEE. at its dllscrctdon, may excavate and fill within the casement and tray grade and slope the banks or wall f t d ruina gr ,curves to tactlitato the IMPRovRmF:NT$' design and integrity. P y TT+'rpROViHMENTS shall ire entimly confined w the area described j Etdtibiq "A" and "G GTLANTt7R acknowledges that the consideration paid by GRANTEE is Full grid tittal payment For RJ1 rights conveyed herein. GRANCOR,<JRANTOR'S heirs. executors, administrators. successors and assign8, may fully se and enjoy said ptvrn ices eneorrrbered by said easctnont, excopt that such use and enjoytne not hinder, contlict or interfere with the exercise of GR4IiTEE'9 tights hereunder and no tern porary or p building, structure or reservoir shell be erected, PIRced or constructed i. upon. under or across the right- of -wuy and casement harem granted withouiGliA7`!T>rl 'S written consent; provided frirther, GRANTOR, GR ANT©R'S kteirs. executors, administrators, successors and assig�. may construct, dedicate and mpintain ner.7sa said easement and right -or- -way such roads. alleys, utility lines and fences as will not interfere with the use by GRANTEE of said casement and right -0f -way for the purposes aforesaid. Itisfurtheragrood that U ANTF. Emayr anyfences ,buiWings,structures or other obstructions which interfere with the exercise of GRANTEE'S rights herein and GRANTEE rnsy trim and cut down trees and shrubbery in connection with the cotutnicuon. inspection, operation, mttintenttxtce, repair. rep,&cornant„ change. addition an m dtor rmovat of said FACUATIES, if necessary. GR.ANTEV- shall clertn up and remove ail trash and debris, ropair and replace fences and repair outer damages caused by said construction. The easement rights tend privileges herein granted shall be Perpetual, and shall constitute covenants running with the land and shall be binding upon and inure to the benefit orGRANT OR. and GR NT'FE', respectively. and thsir respective heirs, excoutors, 0,dMinistrators, successors turd assigns andsaid grant is expressly excepted from any right of reversionofsaid prcrruiscatmder any prior deeds in GRANTOR'S chain of title. GRANTEE'S rights hercuutder may be sasiytned in whole or in part to one or mote assignees. The temporary wnsttuclion easement granted herein shall includethe right to excavate and fill wi thin etc tarnnnrar}" construction easement, but GRANTEE shall replace any fences, buildings or other structures withi n the temporary constrtrcti o n cnstruc shall ion easementt as closely as possibIt restore thepropiertywhichissubjecttothelempo ry to it corb&%joa prior to entry thereon. VOL 4469 Pct 35 1 This instrttment is executed sad do[ivered for the purpose of suhatitutLng the ORAN TEE in the To Have mnd l'o Hold stations of thi a easement and right of way previously conveyed to AUTHORITY OA recorded in Document Number 95 - 1iW45833, of the Docd Records of Denton Cuunty, 'ferns. TO HAVE AND TO HOLD the above - descr bedcawmcnt and right -of -way and rights uppurlent it thereto unto GRANTIiI3, its auccessens and smigns, until sold FACILITIES ate de0lared Permanently ahandoned by OKAN7F -P— in which avant said msetndnt and right and rights appurtonaat thereto SWI oeasa and terminate and revert to GRANTOR and GRANTOR'S heirs. exocutom, adminittrators, suocemora and assigns. GRANTOR hmby binds (}RAN I GR, GRANTOR'S heirs, executors, administrators, successors and assigns to W and FORD VElk DEFEND said o"emcni and right-of-way and rights appurtenant thereto unto ORANTEL, its suaeeysCq and assigns, against every person whomsoever lawfW ly *laimin& or to claim, the same of any part thereof, by, through w under Ortvttor, but not otherwise. It is exprosnly andorstood thsr all rights„ cvnvryurroes or cuvCnanta era harein wri [ten, and no vcrb sl agreements of any kind shall be binding or recognized or in any way modify this ins mMcnt of conveyance. 199b_ EXECUT - ED this 3OT; day of 1499, to be effective Ivtay 30, TROPHY LAKE. LTD., K Texas limited partnership ely: BRISCOE CLARK CO., LTD., a Ten" limited partnership, its Oq mrnl Pardtor By: CLARK BRISCOE DEVELOPMENT COMPANY a Texas corporalior4 its Ocnattl Partner $y: �w*.&P ; . ' DrUcae Its. �+exvmi•c��u...�wrnesrkr•e ®e ��nu.....d 7�� eqy, vut469 Na1352 ACKNOWLEDGMENT i i s STATE OF TEXAS � COU OF DALI AN � Before me #�riE G . —u _ on this day personally appmed Same, P. Briscoe, knnwrl to me (or proved to moon the opth of _ 7 _ yr through (description of idcutity card or other document) to be the person whose name is suLvacritxd to the foregoing insuumcnt and racttnowledgad to me that ha executed the same for the purposes and consideration thcrcin erpressod. GIVEN iJNDE3A trtl' i 3—AND AND SEkL OF OFF [CU, this 56 daf of ►rt t 1999 My Comausason cxpite3 on the day of _ luartvsau7t WrteR�erFtOWM.¢�a�w+� W-atcu..'"W rnemo VGL4469 0 353 Permanent Utiilly Easement FN 0-2793 J. Earls Survey, Abstract No, 392 EHBA Job No. 113 156 -01 0.137 Acres -- January 29, 1996 EXIAIE]Ir "A" OENTON CREEK 11CGIONAL WASTEWATER SYSTEM DENTON GREEK INTERCEPTOR SYSTEM PHASE IIIISECTION III PARCEL NO. 8 HEINO A FIFTEEN (=OOT WIDE PI f1MANENT UTILITY EASEMENT AND A 0.131 ACRE PARCEL bF LAND SITUATED IN THE J. FADS SURVEY. ABSTRACT NO. 392 OF DENTON COUNTY, TEXAS AND 8EING A PART OF A CALLED 210.4629 ACRE TRACT OF LAND AS DEEDED TO TROPHY JOINT VENTURE ANN RECORDED IN VOLUME 3302, PAGE 883, OF THE DEED RECORDS OF DENTON COUNTY, TCXA.S (DRDCT). SAID 0.137 ACRE PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, aFOINNING al a point In the south Ilna of sold 210.4629 acre Irecl and baing the souttroest comer of a Tract of lend conveyed by Trophy .toil Venture loTrinity Learning Canter Inc, and recorded In Votuma 3445. Page 410, DRDCT and being Lot 1, Muck 1 of Trinity Learning Center AddittoA, on Addltlon recorded In Cabinet I, Page 229, of tits Map Records of Denton County, Taxes, and t3aing In the north line of VlllnUe Troll (a 60 foul tight of way) from which a found 618 -Inch )ran rod beers S 13' 10'21' W. a distance of 0.42 feet; THENCE N 12' 28'21' E, along the east line of said Trinlly Learning Center, a distance of 15.02 feet to a paint In a o)rcuiar curve to the left heving a fedlus of 1,4B2.70 rent; THENCE leaving said line and along aald curve to the left having a dalLa angle of 01' :36'37". an arc distance of 41.87 feet and having a chord which bears S 81' 19' 32" E, a dl9lance of 41.07 real to the beglrut)ng of w reverse curve to the right having a rediu9 of 1,381,26 feel; THENCE along said curve to the fight hevtngf adelta angle of 11' 14' 01 ", an arc distance of 298.88 feet and having s chord which boars S I6° 30' 50" E, a distance of 268.46 rest to a point; THENCE S 70' 63' 50" E, a dlslance of 139.58 foot to a point In this east Ilna of said 210.4629 acre tract, same being a point In the west lino of a called i 1.60 acre tract of land deeded to First 2601st Church of Trophy Club recorded Ire Volume 1866, Page 467, URUCT; THENCE 8 09' 67' t0" W, with said corrrnvn line, a dlslanca of 15.19 feet to a southeast corner Of sold 210,4629 acts tract and the southwest turner of sold Beptiat Chufch and being In the north line of Village Trail; THENCE N 70' 63' 60" W. leaving sold common line and along the north line of VIIIage Trail, a distance of 91.98 real to the beginning of tl circular curvy 10 1110 left having a radius of 1,048.26 foot from which a round 618 -Inch iron rod beare S 10' 5a 22" W, a distance of 0.31 1(301; THENCE along the north Ilna of lrillags Troll and Sold curve to the left having a delta angle of 11' 114'011". an arc of 263.53 feel. to the beginning of u curve o the right having a re O dlus ni 1 (oa nay THENCE along the north line of Village Tree and sold curve to Ilia fight having a d91 011010 of 01' 38' 25 ", an arodistanee of 42 -f16 feel and I'-aving s chord which bears N 81' 1 A' 38" W, o distance of 42.8A tool to the POINT OF BEGINNING. and conlalrting 0.13/ nccas, or 5,075 square rent ref land, more or lees. Page i of 2 4 6'3 FN t1 -2793 Peqnsnent Uilltty i~aseinent r Job No. 16150 -01 J Fads Survey, Abstract NM 392 JenusrY 29, 19116 oA37 Acres �vn oG AYIF Y THIS pFjFmtSp-8 A CrFLt11 Y PARTIV-S WTEREST121) IN TITLE TO (HE A OVE EOA� ESCRiPTI N WAS PREPARE SURVEYED RO N i4D I HA � T FlIECORDS AND FROM AN ACTUAL AND 1 ACCURATE SURVEY UPON THE ppOUNl7 ND TT SAME; IS fRura AND CORRECT, Company Name: Page 2 of 2 Sy_ Of pr � M7, Surveyor's Name. � Registered Rrotaasktnat t and Surveyor, Texas No. 42� ? r :,.'•,. []ate a! Survey. Page 2 of 2 ML4469 Fs1355 Temporary Construction Fasemant J. Fads Survey. Absl(scLN0. 3g2 4.5"46 Acre9 FN U -2704 LFJ&AJob No. 141 56 -01 January 29, 1996 EXI -I10IT "9" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR S`1STEM , 1i11SECnot4Ili FAFICEL NO. B BEING A SIXTY FOOT llVIDE TEMPORARY CONSTf2UCTION EASEMENT AND A o.548 ACRE PARCEL oh LAND SITUATED IN THE J_ EA05 SURVEY. ABSTRACT NO. 342 OF DENTON COUNTY, TEXAS AND BEING A PART" OF A CALLED 210.4020 AGREE TRACT OP LANE] AS OEEt)ED TO TROPHY JOINT \OUNTURE AND RECORDEQ IN VOLUME 33 PAGE 493, OF T14F- D1515=0 RECOIRDS OF DENTON COUNTY, TEXAS IDRDCT) SAID 1r4NO BEING .546 ACRE PARCEL OF NG M RE PAR ICULARLY Q SCRI E F PA OLt.QWS: CotAVENCING for rafarenee at a point In the youth tine of said 210.4629 acre tract and 6eing the souUoeast comer or a trod of land conveyod by Trcphy Joint Venture to Trinity Learning Centerinc. and racmded In Volume 3446, Page 410, URDCT and being Lot 1, Block 1 of Trinity Learning Center Addition, an Addition recordad In Cabinet 1. Page 229. of the Map Records of Denton Cotulty. Texes, end being In the north t'ns of Village Troll (a 60 root right of way) from which a found 6(B -Inch Iron rod beers 8 13' IV 27 "' W, a cil3lance 0.42 feel; THENCE N 12' 28'21 "' E, along iha cast line of sold Trinity Learning Center, a distance of 15.02 feet to the POINT OF BEGINNING; - (HENCE N 12' 213' 21" I?, conUnuing along said line. a distance of GO-09 feet 10 a point Ito a circular curve to the jell having a radius of 1422 "70 feat; THENCE leaving sold tine rand along said curvo to the lent having a delta angia of 01' 20' 02 an arc distance of 36.85 feet and having a chord winch beers S 81' 23' to E, a dislanca or 3685 foot to the beginning or u reverse curve to the right having a radius of 1,421.26 reel; THENCE alone said curve to the right having a dolls angle of 11. 14'01', an arc dislenca of 2713.65 Feet and having as dtiord which bears 5 76' 3tY %" E, u distance of 270.21 feet to the point of tangency; THENCE 8 70' 53' 50"" E, a distance or 79.90 feel to a point In the aasl lino of said 210.4628 acre rracl, same being a point in the wset One of a called 11.81] acre Ireal of lend deadad to First Baptist Church of Trophy Ctub recorded In Voiume 1964, Page 467, ORDOT; THENCE S 09' 87' t0' W. vMh said cornrnon line, n distance of 60.77 feel 10 an angle point; Tt - SENCE N 70 63' 50" vJ, having srakl common lino, a distanoo of Bg.56 feet to the beginning of a circular curve to the 1 having a radius Of 1,361.26 feel; `THENCE along sold cutva to Ilia tall having a delta angle of 1 I ' 14'01". an arc dlstence of 265.09 feel and having a chord whIrhbaars N 78' 30' 50" W, a d1staance of 266.46 feet to the beginning of a reverse curve to tike right having a radlua of 1.4EI2.70 feat; THENCE along said curve to 1ha right having a dolls angle of 01' 36:17" an arc distance of 41.67 SEQINNiNG, boors and conl ©ninq 0,546acres. or uarra feet of land, of lesls PAINT OF 11111111111111r page 1 of 2 ,n Temporary Construction Easement J_ Ends Survey, Abstract NO. 392 0,546 Acres ra,4 �4�9 PG 13 5 5 FN D -x764 F.H&A Job Flo, 4G I56 -04 January 29. 1996 TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISEq SURYEYEO. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARI�fl FROK4 PUBLIC RECORDS AND FROM AN ACTUALAND ACCURATE= SURVEY UPON THE GROUND AND THAT SAME IS TRUI- AND CORRECT. _$ Compdny Name g �� { r r:. Bunrayoes Name: � Raglator ©d Prafoealanel Land Texas No. eo Dale of Burv6y: nr1nF wr_ i S9� — �� Page 2 or 2 vOl44fig P61357 O64to - I d to 49.87 - DEMON CHEEK REGIONAL TOM COUNTY TEXAS WASTEWATER SYMEM Ch, w 41.67 C.O. -• 4 31'10`32' E UMT10WA' MIX AC. 597- t . FF. '3" 0.546 AC. 23805 SO. Ff. DENI04 CnEEK PRESSURE SYSTE4 rEASEMENr 9Y wrJ1LACE:'- 210.3829 AC. PHASE S1l /SECTION III out" to tWit Rtghl (A) PLAT OF E7(H(BIT "A.. do .. B PAR rro. • CITY Or SOXIIHLMSF, ROL AVENU ` 667 N0N()1 CAB E • 1361,26 76022 ¢ �`S,/, yO laj� .OUT14Axs. TSxAS C 1 1 N 0.013 11 •t 4'1' �, E� Ary Are 278.65 LOT 1, 13LOCK I TROPHY JOINT VENTURE 01. + 278,21 TRINITY LEARNING CENTER VOL. 3304 PQ- 693 {CALtX0 210.4629 AC.} AMMON 311.0.3.7. 76 "00' ! CAB. 1. P(}. 229 F4. R.O. C. T. CS Curve to Rho L *H MpATY LEARNNO CENTER 4M +a' wfx llwoa�w+ tW111era rwr VOL. 3443, A 1 (CALLED 1-0500 OO AC.- ) Hadhtt 1345.26 D.R.D.C.T. H 15.02' • Oolto „ W FIRST 3APRST CHURCH 1S Mot PR1iuTnGr1 84 OF 111OONY CLUB 55.12 4 1Lr4- VOL. 1968. p0. 487 Ate . 263.95 ca S 70 T. ^� (CALLED II.ao AC.) 60,09' L vim 9C TRA Ch, 263.53 G.B. N 7670'50" YI FOR 1 00,77' P OI[Z ... s .' 6 �. se so' G4 CtM" to the Rtgh,l 1111 ! +• 7 rQ�'77' w 1y s I��g r o sl elr Rediu* . 1497.70 Cl W.* l* We Lat1 (A) CS Cueva lv the Loll Hadluo - [482.70 Radlua . 1472.10 .3 ��)• O *Ile . 1'29'2' ' O64to - I d to 49.87 Ara + 36.89 i Ch, w 41.67 C.O. -• 4 31'10`32' E Ch 58.85 C.6. 5 81'23'19' E S 1 out" to tWit Rtghl (A) CO Cene l0 1. Right • 1361,26 Rodlua .1421.76 Oe1W . !1 0.013 11 •t 4'1' E� Ary Are 278.65 ch. a $66.42 01. + 278,21 76 "00' ! C.B. r S 16`70'90' C ' CS Curve to Rho L *H Hadhtt 1345.26 i1 N lz'48'21' E 15.02' • Oolto T2 S 6'57'10 W 55.12 Ate . 263.95 r3 N 12'78 E 60,09' Ch, 263.53 G.B. N 7670'50" YI 14 9 2'87'10' IN 00,77' G4 CtM" to the Rtgh,l Rediu* . 1497.70 Delia a 1'39'25' Arc 42.66 CT, 4 7.68 C 3• N 81 1Y Sa+toxs Ar Arrvola4*4t, E11 *• fn a *ra,a r rnrrr4..minlar C,.nau vanri rJav ae.r.nsa 1... Curl. #JV John F, Wilder R.P.L.S. 41 aare., re•ral »lre (773/ !ar - a»1 PREPAREO BY GC SCALE: 1" . 100' CHECK&O BY JFY ()ATE JANUARY, 1926 0 ya' y sv Iv 1iM F Y� M151 =fig r4L� Fernranen �► l Vlilily Easement G . 9 FG } 356 FN 0 -26o7 J. Eads Survey, Abslrect No. 392 EHBA Job No. 16156 -01 J. Henry Survey. Abstract fie. 529 1.098 Acres Revised May 24, 1996 EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IIIXSECTION III PARCEL NO. 27 BEING A FIFTEEN FOOT WIDE PERMANENT UTILITY SAS`cMCNT AND A 1.098 ACnF- PARCEL OF LAND 511UATED IN THE J. FADS SURVEY, ABSTRACT NO. 392 AND THE J. HENRY SURVEY. ABSTRACT NO. 529 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 214.4829 ACf38 TRACT OV LAND AS DEEDED TO TROPHY JOINT VEN7URE AND RECORDED IN VOLUME 3317 ?, PAGE 1393, OF THE DEED RECORDS OF DENTON COUNTY, "TEXAS (DROCT), SAID 1.098 ACRE PARCEL OF LAND 81EINt3 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a northwest corner of seld 210.4621) acre tract. same boln9 a svuthweak corner of is called 5318.3807 acre tract of land (Tract 8A) deeded to Buck Properties Trophy Clots I_P recorded in Conveyance Number 93- R0087616, DRDCT, and being In the east line of Block 7 of County Acres Estates. on Addition recorded in Cab'net E. Slide 172, of the Mnp Records of Venton County, Texas; THENCE S 69° 57' 54" I;, wIO41 J the north line of said 2'10.4629 sere tract and the south tine of sold 559.3BO7 acre tract, a distance of 15.90 feet to a point; THENCE S 01 ° 24' 16" W, leaving said tine and crossing said 210.4529 acrd traaG a distance of 908.46 real to a point; THENCE N 89' tie' 46" W, a tflstanoe of 987.21 feel to a point; THENCE 5 Ob• C5'29" W, a distance 4f 411,13 feet to a point, THENCE S 06 011'45" E. a distance of 74 -62 feet io a point being in a circular curve to the left havkig a radius of 380-00 feet; THENCE along said curve to the left having a deflo angle of 29° 56' 12 ", an arc dlstanco of 198.44 feat and hewing a chord which beers 3 72° 10' 26" W. a dlslance of 1148.19 feet to a point; THENCE S 57° 1a' SO" W. a distance of 49.39 feet to a point; THENCE 8 30° 36'00" F. a dislatica of 289.53 feet to a point bsing In a circular cure® to the right having a radius of 680.00 feet; THENCE eicng said curve to the right having a Bella angle of i9° 38' 00", an arc distance of 226.35 feet and having a chord wl}ich bears S 20° 46' 30" R. a distance of 225.24 feet to a point; THENCE S 10° 57' 00" F. a distance of 65 -17 feet to a point In this agreed south line of said 710.4629 acre tract, same being a point in the agreed north Iine of a called 15.0 acre tract deeded to Norihwe6l Independent School District recorded In Volume 1070, Paga 318, DRDCT, and Bald boundary line agreement being recorded as Conveyance Number 96•R0022106; Page 1 of 2 Y9L 446 ' P s 1 3 59 FN U -2307 ' F�ermanenl Utility Easement J. Eada Survey. Abstract No. 392 EH&A Job No. 16156 -01 J. Henry Survey, Abstract N©. 529 Revised May ZA, 1986 1 -099 Acres THENCE S 83" 33' 10" W. along surd cernmon line, a distance of 15.05 feet to the southeast corner of a called 31 -786 aura tract of land conveyed to Lakeside a Trophy Club Limited Partnership and ro%orded as Conveyance Number 96- RO010896; TH ENCE along the east tine of said 31.785 acre tract the following seven (7) eoursou and distances: 1. N 10° 5T 00" W, a distance of 94.00 feet to a point being In a Cmular Cufva to the left having Et radius of 645.00 feet; 2. along acid curve to the left having a delta anglo of 19° 39' 00, sit arc distance of 221,21 feet end having a chord which bears N 20° 46'30" W. a distance of 220.12 fast to found 5le4nch iron rod; 3. N 30 35' 00" W. a distance of 284.02 feel to a found WeAnch iron rod; 4. N 57' 1 B' 50" E. a distance of 82.85 feet to a found 51t3 -inch iron rod being in a c.rculelr curve to the right having a radius of 395.00 feet; 5. along sold Curve to the right having a delta ang!a of 27 ° 39'28", an arc distance of 190.67 foot and having a chord which bears N 71 " 08' 34" E. a distance of 180.03 feat to a found 6113 -inch Iron roof; 6. N 05° 01'45" W, a distance of 58.99 feet to a fount! 5ra -Inch iron rod; and 7. N 00° 05'29' E. a distance of 428.50 feel to n found 5I34neh iron rod in the north Ilna of sold 210.$629 acre tract and Ilse south line of aald Block 7; THENCE S 89° 54'45" E, along sold common line, a distance of 987.55 feat to the aoullleaBt corner of Block 7; "I HENCE N 01' 24' 18" E, along a west line of said 210.4629 auto tract and the east line of Block 7, a distance of 801,44 feet to the POIN r OF BEGINNING. and contalning 1.998 acreo, or 47,818 square feet of land, more or lose, SSURV,5J'QR'S Ct?RTIFICATE TO ALL PARTIES INTI= fiES'rrD IN TITLE. 'rQ THE PREMISES SURVEYED, 1 DO HEREBY CURTIFY THAT THE ASOVE LEGALVESORIPTION WA.S PREPARED FROM PUBLIC RECORDS ANQ FRQM AN ACTUAL ANDACCURATE SURVEY UPON TrtE GROUND AND THAT SAMF IS TRUE AND CORRE=CT. Company Narrla: r ' P'� f p • r F 4 •�,��' 6y JDHH ..S......9A1EIC €, 6urvayor's Name John Strawb[Ir",s 'v 4203 -1 #,f t• ° •ran ?�Y� Regislutod Professional Land Surveyor, Texas No. Date of Survey: �Clclober, 1993 0 Ternporery Construclion Easement J, each Survey, Abstract No. a92 J. Henry Survey, Abstract No. 529 4.381 Acres - - w AL 4 469 PG1360 FN 0-2806 EHf3A .lab No. 16166 -81 Revised May 24, 1996 L- "lrlf . �.. EXHII31T "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IMSECTION 13 PARCEL NO. 27 BEING A SIXTY FQ0T WIDE TEMPORARY CONSTRUCTION F,ASE.MENT AND A 4,381 ACRE PARCEL_ OF LAND SITUATED IN THE J. EARS SURVEY, ABSTRACT NO, 392 AND THE J. HENRY SURVEY, ABSTRACT NO, 529 OF DENTON COUNTY, TEXAS AND OF A PART OF A CALLED 210.4$213 ACRE TRAC: ['OF LAND AS DEEDED TO TROPHY JOINT VF_NTURE AND REC0R171 ED IN VOLUME= 3302, PAGE 693, OF THE oEED RECOFiDS OF OE~NTON COUNTY. TExAt3 (DRDCT). SAID 4,391 ACRE PARCEL OF IANU BEING iMURE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference et a northwest corner of Bald 210 -4629 acre tract, sarne being a southwest corner of a celled S1,;0.31307 acre tract of tend (Tract 8A) as doodad to Beck Properties Trophy Club LP recorded in Cc rtveyance Nurrihor 93- 110087918, DRDCT, rand being Ira the east line of 131oc1z 7 of Country Acres Estates, sn Addition recorded In Cabinet E. Slide 172 of the Map Records of Denton County, Texaa; THENCE- 5 69 57' 54" F, along the north lina of said 210.4829 acre tract and the soutn line of said f'r5t3.3007 acre tract. a distance of 15.00 feet to the POINT OF BFUINN)NG; Tltl_NCE S 136° 5T6 E, continuing along said curnnwn tine, a dislance of 00.02 feet to a point; THENCE S 01 ° 24' 16" W, leaving said line. a distance of 966.53 feet to a point; TI4ENCE N 89. 54'46" W. a distance of 086.88 feet to a 11olnt; THENCE, S 00° 05' W. a distance of 348.48 feet to a point; TH E-NCE 5 fly° 01" 45" E. a distance of 140.65 feet to a point being In a circular curare to the loft having a radius vt 320.40 feel; THENCE along said curve to the (eft having a dellp angle of 39" 31'05", an arc distance of 220.71 feet and havino a chord which bears S 78' 46'03" W. a dlslence of 216.30 feet t6 to point; THENCE $ 30° 36'00" E. a distance of 211.56 feat to a point being In a circular curves to the right having a radius of 720.00 reel; THENCE; slung said curve to the right having a delta angle of 19' 39' 00 ", an etc dlslence of 249.63 feel and having al chord which bears ,9 217° 46'30" E. a distance of 245 -72 fast to a point; THENCE S 10° 57' 00" E, a distance of 89.80 feet to a point In the agreed south line of said 210.4629 acre tract, same being a point In the agreed north Itne of a called 1 acre tract of land deoded 10 Northwest Independent School District and recorded In Volume 1070, Page 370, DRUCT and said boundary sine agreement being recorded as Conveyance Number 66- 80022106; THENCE 5 133 33' 10" W, stand said common line, a distance of 60.18 fast to a 1 101111 ; Page 1 of 2 /004 4 5 9 PG 6 1 FN 0-2 M8 Teiitporary Construction F098nrent EH&A Job No, 18160 -01 J. Eads Survey, Ab$lrect NO. 392 Revised May 24, 4996 J i-tenry Survey, Abstract No. 529 4.391 Acrea , THENCE N 10 57' 00" W, leaving said line and crossing said 210 4629 acre tract, a di5tanoa of 66.17 feel to a point being in a circular curve to the left having a radius of 660.00 feat; THENCE along sralj nurva to the left having a delta angle Of 40' 3g' 00 ", an arc distancse 228.33 feet and having a chord which bears N 26° 46' 3U" W, a distance or 225.24 feet to a p ` THENCE N 30' 38' 00' W, a &atanGe of 258.58 feet to a paint: THENCE N 57' 18' 50' E, a distance of 48.39 feat to a Point being In a Circular curve to tha right having a radius of 390.00 feet; THENCE along said curve to the right having a delta angle of 29* 55' 12 ", en arc distance of 198.44 2° '10' 20" E. s diatan4o of 146.19 feat to to POI t; [eel and having a chord which bears N 7 THENCE N 05' 01' 43" W. a distance of 74 -62 feat to a point: THENCE N OD' 05'29' E. a distance u(41 1.13 feel to a point; THENCE S 89' 54'40" E, a distance of 961.21 feet to a paint; THENCE N 01 ° 24' 1 fi" E, a distance of 900.46 fast to tho P01NT OF BEGINNING, and contalnfng 4.191 scree, or 191,251 square feet or land, more of 1080. TiE1C TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 DO HEREBY CERTIFY THAT THE AF30VE LEGAL DESCMPTION WAS pREf'ARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURA - TE SURV[ ` UPON THE GROUND AND THAT SAME lS TRUE AND CORRECT. Company Name: UJi •r � 4ra� Surveyor's Nvaie: IOHN tAAV+f R10U •�� % ReVistered Prol'a"Icnal Land Surveyor, Texas No. _ T Sup` Offte of Survey: Oct Page 2 of 2 I5 • F ,•.., sunvEY: .l._EAE2 A -102 J. ..._NII✓ P AT OF GXH1131T " A - & B� II 5R9'SY64'! ISAO' r2 5 D6•or'4�• a 7.1.az I. S 57•Ll60' w X639' T 3 N DS 07145 w 15 589'7704' £ 54A9 60.02' 16 S 06 E 140.06' h I} 9 30 '3a'aa' E L6 7 f0'SYOO• C 211.56' 69.90' f1a N 67'19'521' E 62.9' Y' AT ��L iy . ls1 S ID''y700 E 712 5 85'3! 10" 1v 71] N 10'67'00 W dS.I 15.0d' 6400` 'i+ � P� 131.oCK 7 COJ1i1RY ACRES ESYATEB CAB. E. SLIDE: 172 M.R.D.C.T. ]P 1 ^ 1 POC! °a' 7w 1 IV .219'61'.6' s I I - ewer• ' N 534'.6' M 997,1f' . 16 .rOt * - - FVS +wwlxf uIM1YY !.tilt yy cw.al. •r. �! w Rae rlRYCXAR✓ G Iq cwtmu0n0X csyr [RCPHY J YEN YL y VOL. 33 02. Ax. PD, 693 3 R` X "' (CALLED 2s o.4829 AC.) R CI Cur.. I. IN. %oft (A) O.R.O.C.T. L,IY' ¢016 06 wC'r1 77 gsuv°,"' 2M15-00' �T . - 5 2 OGS n M C - MAS }em lG V C,LL . 4 7216'76' M M 5 rte C C7 Cur" 1. 1h. MghL ci V RaGlus�. 30.1.00 sip 0I6' 0• Oalta 2T.726' a o Ar0 + 190AJ nr 6I —cs ae, - V6'74 E PROPEFTY WH OLE 1 C3 Cu- to Ih. "t (A) 4 e -til Ro6W. 660`06.06 D.rla .19 ai Are + 129..57 C3 ( to 1hr L-0 22A is C.Y. . 1 2646'68• E Radkm - 32100 Oello + 29i21'O3' C. Curw to tht L1/1 A - . 120171 ^ Ch. 216.3! DENTON GREEK REC104AL al- Redly. � GA&00 C.6. . 9 70 +5 0 w 0N16 . 19•s4'Oo' WASTEWATER SYSTEM Ar^. 321.x1 c/. - 270.12 e® Cu Le L7.. MOM DENTON CREEK PRESSURE 5YS[Eu C.B. - N 20'46'30• w ma4we . 720.00 PHASE 91 /SECTIGN Ill eauN0A67 u11C Palo A6REEY002 Ac + 2e6.9D La AA GEL L .9 96- R0021106 Ch 243.7'1 104030' LAKE L CITY OF SWTH (�1 NQMrslnEST mcanNOENY 1Ca0OL 013TRiCi 069 NORTH GARAOL A4EHLI! , fL114 11.0 A 1p $OIJ THL/ 6 'f€X 76092 A6lw9�166. 156, 1 A 1E 1.7 . En ln. HlnP t C.+.ffPn.n.nl.l G.nly1lenr. v N • rf}� Wf ,� 0 s (ri +J 3ia� - o»I Y n SLfow �ridgo R.P. S. 4293 +�. 1': .. q 4263 PREPARED BY OC 1" - 200 �y "•'�� CHECKED 3Y J9 5GAlE. a•• v DATE REY S 24 6 a 100 2100' +00' MCnM E.H. & A. JOB/TRACT_S- •tiA1.1". 1 . fi tt++ X 7w 1 IV .219'61'.6' s I I - ewer• ' N 534'.6' M 997,1f' . 16 .rOt * - - FVS +wwlxf uIM1YY !.tilt yy cw.al. •r. �! w Rae rlRYCXAR✓ G Iq cwtmu0n0X csyr [RCPHY J YEN YL y VOL. 33 02. Ax. PD, 693 3 R` X "' (CALLED 2s o.4829 AC.) R CI Cur.. I. IN. %oft (A) O.R.O.C.T. L,IY' ¢016 06 wC'r1 77 gsuv°,"' 2M15-00' �T . - 5 2 OGS n M C - MAS }em lG V C,LL . 4 7216'76' M M 5 rte C C7 Cur" 1. 1h. MghL ci V RaGlus�. 30.1.00 sip 0I6' 0• Oalta 2T.726' a o Ar0 + 190AJ nr 6I —cs ae, - V6'74 E PROPEFTY WH OLE 1 C3 Cu- to Ih. "t (A) 4 e -til Ro6W. 660`06.06 D.rla .19 ai Are + 129..57 C3 ( to 1hr L-0 22A is C.Y. . 1 2646'68• E Radkm - 32100 Oello + 29i21'O3' C. Curw to tht L1/1 A - . 120171 ^ Ch. 216.3! DENTON GREEK REC104AL al- Redly. � GA&00 C.6. . 9 70 +5 0 w 0N16 . 19•s4'Oo' WASTEWATER SYSTEM Ar^. 321.x1 c/. - 270.12 e® Cu Le L7.. MOM DENTON CREEK PRESSURE 5YS[Eu C.B. - N 20'46'30• w ma4we . 720.00 PHASE 91 /SECTIGN Ill eauN0A67 u11C Palo A6REEY002 Ac + 2e6.9D La AA GEL L .9 96- R0021106 Ch 243.7'1 104030' LAKE L CITY OF SWTH (�1 NQMrslnEST mcanNOENY 1Ca0OL 013TRiCi 069 NORTH GARAOL A4EHLI! , fL114 11.0 A 1p $OIJ THL/ 6 'f€X 76092 A6lw9�166. 156, 1 A 1E 1.7 . En ln. HlnP t C.+.ffPn.n.nl.l G.nly1lenr. v N • rf}� Wf ,� 0 s (ri +J 3ia� - o»I Y n SLfow �ridgo R.P. S. 4293 +�. 1': .. q 4263 PREPARED BY OC 1" - 200 �y "•'�� CHECKED 3Y J9 5GAlE. a•• v DATE REY S 24 6 a 100 2100' +00' MCnM E.H. & A. JOB/TRACT_S- •tiA1.1". 1 . `dc) w lc,� GftiGt�- 39-3 W �Q e 6 tom v. IOL4 ml 363 ' SAj;d for Raa -rd % Ins D£NTON co N71f !'�L o%-;d, MSTCL. CgUNTY KIRK Dn g 4nt /Flu• f 49- R41 ►67Y1$0 Got /iY�• 31.90 A6COrd np■ yoc /M4mt 46191 Raewi oy t'FRA14CHESKA gepu y SCANNED DOCUMENTS Substitute Easement Name of Pro'ect; DCRWS- Denton Creek Pressure System Phase III, DC002- Section I DC003- Section 11 DC004- Section III DC005- Kirkwood Branch Interceptor & Meter Station Proiect Subsystem # DC004 Parcel #10 Unipue Identifier Number: DC004 -10 No. 003 � •rOL � � 6 9 P6 13 4 I � �� ; ;�� DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE Iii, SECTION III SUBSTITUTE EASEMENT AND RIGHT -OF -WAY Pa reel h 10 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON $ THAT REGENCY CENTERS, L.P., a Delaware limited partnership. acting herein by and through REGENCY REALTY CORPORATION, its general partner, hereinafter referred to as GRANTOR, for and in consideration of TEN AND NCI 1100 DOLLARS (,SIG.00) and other goad and valuable consideration to GRANTOR in hand paid by the CITY OF SOUTHLAECE, a municipal corporation situated in Tarrant and Denton Counties, hereinafter referred to as GRANTER - with its principal office at 667 N. Carroll Avenue, Southlake, TX 76092, rho receipt of which by GRANTOR is hereby acknowledged, have granted and conveyed, and do by these presents grant and convey, unto the GRANTEE, its successors and assigns. an easement and right - of- -way to lay, construct, inspect, operate, maintain, repair, replace, change, add and/or remove a utility line or lines with all incidental equipment and appurtenances, and the hereinafter described erosion control improvements (IIvII'ROVElv1ENTS), (all items collectively hereinafter called FACILITIES), in, on, over, through, under and across that certain land situated in Denton County, Texas, mare particularly described in Exhibit "A ", attached hereto and made a part hereof, together with.: the right of reasonable ingress and egress across GRANTOR'S remaining; land, where necessary to and from the above- described tract, forthe purposes of laying. constructing, inspecting, operating, maintaining, repairing, replacing, adding, changing and/or removing said FAC:ILiTFES. There is included in this grant the right at any time in the future to lay, construct, inspect, operate, maintain, repair, replace, change, add and/or remove one or more. additional lines of pipe approximately parallel with the first pipeline or pipelines laid by GRANTEE hereunder, so long as said future line or lines are within the confines of the metes and bounds description contained in Exhibit " A" For erosion control purposes, the easement rights granted and conveyed herein to GRANTEE shall also include the right at any time in the future to construct, inspect, operate, maintain, repair, replace, change, add and/or remove concrete, rock rip rap or other forms of rNIPROVE1vffiNTS to protect GRANTEE'S existing and future pipelines located within or adjacent to creeks, gullies and other natural or man -made water dmir age courses located within the land area described in Exhibit "A" The need for and design ofany INVROVEMENTS are solely within the GRANTEE'S control and discretion. The IMPROVEMENTS shall be constructed within the high-flow boundaries of said water drainage courses. The GRANTEE, at its discretion, may excavate and fill within the easement and may grade and slope the banks or walls of the . water drainage courses to facilitate the [r.]W- 02 ,/07/00 14:17 • vu 44A P51342 N0,003 UO3 TNIPROVEN ENTS' design and integrity. The physical limits of the RvIFROVENMNTS shall be entirely confined to the area described in Exhibit "A ". GRANTOR acknowledges that the consideration paid by GRANTEE is full and final payment for all rights conveyed herein. GRANTOR, GRANTOR'S heirs, executors, administrators, successors and assigns, may fully use and enjoy said premises encumbered by said easement, except that such use and enjoyment shag not hinder, conflict or interfere with the exercise of GRANTEE'S rights hereunder and no temporary or permanent building, structure or reservoir shall be erected, placed or Constructed upon, under or across the right -of -way and easement herein granted without GRANTEE'S written consent; provided further, GRANTOR, GRANTOR'S heirs, executors, administrators, successors and assigns, may construct, dedicate and maintain across said easement and right -of -wary such roads, alleys, utility lines and fences as will not interfere with the use by GRANTEE of said easement and right- of-way for the purposes aforesaid. It is further agreed that GRANTEE may remove from the easement any fences, buildings, structures or othe7 obstructions which interfere with the exercise of CMPONTEE'S rights herein and GRANTEE may trim and cut down trees and shrubbery in connection with the construction, inspection, operation, maintenance, repair, replacement, change, addition and/or removal of said FACMITIES, if necessary. GRANTEE shall clean up and remove all trash and debris, repair and replace fences and repair other damages Caused by said construction. The easement rights and privileges herein granted shall be perpetual, and shall constitute covenants running; with the land and shall be binding upon and inure to the benefit of GRANTOR and GRANTEE, respectively, and their respective heirs, executors, ,administrators, successors and assigns and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR'S chain of title. GRANTEE'S rights hereunder maybe assigned in whole or in part to one or more assignees. This instrument is executed and delivered forthe purpose of substituting the terms, conditions, legal descriptions and plats of this easement and right of way previously conveyed to the CITY by Trophy Joint Venture as recorded in Document Number 96- R0040519 and Document Number 96- R0063217, of the Teed Records of Denton {County, Texas. TO RAVE AND TO HOLD the above - described easement and right -of -way and rights appurtenant thereto unto GRANTEE, its successors and assigns, until said FACILITIES are declared permanently abandoned by GRANTEE, in which event said easement and right -of -way and rights appurtenant thereto shall cease and terminate and revert to GRANTOR and GRANTOR'S heirs, executors, administrators, successors and assigns. GRANTOR herebybinds GRANTOR. GRANT'OR'S heirs, executors, administrators, successors and assigns to WARRANT and FOREVER DEFEND said easement and right -of -way and rights 02 ,'07f00 14;17 0 04469 NO. 003 PO4 PG1 343 appurtenant thereto unto GRANTEE, its successors and assigns, against every person whomsoever iawf lly Claiming, or to claim, the same or Any part Ihereof by, through or under GRANTOR, but not otherwise. It is expressly understood that all rights, conveyances or covenants are herein written, and no verbal agreements of any kind shall be binding or recognized or in any way modify this instrument of Conveyance. �} EXECUTED this S day of , 1999. 4 REGENCY CENTEWq, L.P., a Delaware limited partnership By: REGENCY REALTY CORPORATION.. a Delaware corporation, its General Partner CY lam uis, Marta�ing rector wp6A: 4/9 513 SPPCLIL No. 003 D05 02/07./00 14' 17 Ll ACKNOWLEDGMENT STATE OF TEXAS i COUNTY OF DALLAS § r 1 �J �OL4469 PG1344 Before ma _ S ( , on this day personally Appeared J3me9 Buis, Managing Director of Regency Realty Corporation, a Delaware corporation, the general partner of RCGENCY CENTERS, L.P., a , Delaware limited partnership, known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that be executed the Same for the purposes and consideration therein expressed- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 1999. atary F lic, State of Texas \Y }�, #` •'� ..Iry "U01'C. k!Etd at T9s:13 MY Comn.rss!on Ggplrn„ 05 -JO.Ci Printed Name My Commission expires an the day of , " ; - Palle: tAent/10troRhyle aserhont.matltr6hev1sed 915!98 W 4/9 513 Zo/'erPECtAL 02xOW00 14:17 NO, 003 O @6 Permanent Utility Easement 0 0 FN D-2799 J. Eads Survey, Abstract Nu. 392 VOL 4 4 6 9 PG, 1 3 4 5 EH &A Job No_ 1 61 56-01 J. SiittvN't Survey, Abstract No. 1164 February 1, 1998 0.525 Acres EXHIBfT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IMSECTION Ili PARCEL NO. 10 BEING A FIFTEEN FOOT WIDE PERMANENT U1TIL.1 EASEMENT AND A 0.525 ACRE PARCEL OF LAND SITUATED IN THE J. I-ADS SURVEY, A85RACT NO. 3q2 AND THE J. SUTTON SURVEY, A13STRACT NO. 1154 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED B -01 26 ACHE TRACT ITRACT 6) AND A 7.9929 ACRE TRACT ITRACT 101 OF LAND AS DEEDED TO TROPHY JOINT VENTURE AND RECORDED IN VOLUME 3302, PAGE 693, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DFADCT) . SAID 0,525 ACRE PARCEL OF LAND BEING MORF PARTICULARLY DF- SCRI13ED AS FOLLOWS: COMMENCING at the southwest cornar of Tract 10, being the intersection of the north line of Highway 1 14 Ia variable width right of Way) with the et3st line of Trophy Lake Drive (a variable width right of way from which a found 1/2-inch Iron rod bears S 69 29' 59" W, a distance of 0.18 feet; THENCE N 01 ° 43' 10" E. along the west lime of said Trophy Joint Venture end the aast line of Trophy Lake ©rive, a distance of 37.12 feet to the POINT OF E3EGINNING; THENCE N 01 ° 43' 10" E, continuing along said common lime, a disturice of 116.84 feet to the beglnnliig of a rlrcular curvy: to tile right having a rttdlus of 532.09 feet; THENCE continuing along said Iine and along said curve to the right having a delta angle of 20 36' 00 ", an arc distance of 265.60 feet and having a chord which bears N 16 01' 10" E. a distance of 262.85 test to a point; THENCE= N 30 19' 10" E, continuing along said line, a distance of 311.70 feet to a point being In a circular curve to the right having a radius of 845.00 feet from which a found 5/8- Inch iron rod bears N 42 12' 12" W, a distance of 0.45 feet; THENCE continuing along said line and along said curve to the right having a delta angle of 24° 39' 21 ", an arc distance of 3+63.63 feet and having a chard which bears N rig ° 38' 50" E, a distance of 360.83 feet to a point; THENCE= S 42° 07' 50" E, a distance of 15.12 feet to a point being in a circular curve to the left having a radius of 830.00 feet; THENCE along said curve to the left having a delta angle of 24 47' 06 ", an arc distance of 359.04 feet and having a chord which bears S 42 42' 43" W, a distance of 35£.25 feet to F1 point; THENCE S 30° 191 10" W. a distance of 311-70 feet to a point being in a circular curve to the left having a radius of 517.09 feet, THENCE along said curve to thAt having a delta angle of 28 360b an arc distance, of 258.1 1 feet and having a chord which bears $ 16 01' 10" W, a distance of 255.44 feet to a paint, . THENCE S 01 ° 43' 10" W, a distance of 106.23 feet to o point; Page 1 of 2 02xC7zM2 14:17 NO.003 007 I'ortnp,gnt Utility F as47ment 10L 4 4 S 9 PG 1 3 14 FN D -2799 J- Ends Survey, AbstreCt No. 392 1p e-A Job No. 16166 - 01 J. Sutton Survey, Abstract Na. 1154 February 1, 1996 0,525 Acres THENCE S 68 49' 46" E, a distance of 473 -45 feet to a point In the east line of Sald Tract 10, Same being a paint In the west line of Tract 3, a called 7.1 174 acre tract of land deeded to Beck Properties Trophy Club LP as recorded In Conveyonr:e dumber R0087516, DROCT; THENCE S 28 58' 42" W, along the east line of Tract 1 t7 and the west line of Tract 3, a distance of 15.14 feet to the southeast eorn of said Tract 10 and tieing the southwest corner of said Tract 3 and a point In the north fine of Highway 1 14, THENCE N 68" 49' 46" W. along the north line of Highway 1 14, a distance of 482.01 foot to the POINT OF BEGINNING, and containing 0.525 acres, or 22,862 square feet of land, SURVEYOR'S CERTIFICATE TO ALL PAR71ES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT - f HE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GIIOUND AND THAT SAME IS TnUE AND CORRECT. Corr By Surveyor's Name: . .fib. - -- - �VQli:rt�,c -JOHN 6TRAWULFj1I31 Reglstered Professional Land Surveyor, Texas No. _ 4283 42.93 � ' V `9•'i �+ S u 4y Date of Survey: October 1993 _ Pago 2 of 2 02z07"00 14:17 NO.OE3 LW SURVEY: J. EAOS A -392 J. SUT'fC .5 & T ►� cCREEK I�EClor�ln,L LJCA ION: Df:P4TON COUNTY, TEXAS _ WASTEWATER SYSTEM EASEMENT ACQUISITION: A 0,525 AC. 221362 SO_ PT. 'e" 2.124 AC. 92532 SO. {1�MTON CREEK PRESSURE 5YSTEl.1 VMOLE PROPERTY ACREAGE: 13.9755 PHASE III \SECT40N III PLAT OF EXHIBIT "A" & "B" PARCEL NO. 10 CITY OF SOUTHLA.KE 667 NORTH CARROL AVENUE SOUTHLAKE. TEXAS 76092 I-S � ��G Fl 3/ ' E)Nif31r 'A' N 4212 "12 W i IV t.1DE PERWAMENT 0.43' UPLITT £SMT TROPHY J01NT VENTURE TRACT 6 (CALLED 6.0126 AC_) y >i A, VOL. 3302. P0. 693 Cl Cut,* to the Right w '7 0.R.0.C.T. ~ ti � Rogtua = 532.09 1 Oelko o 2S'38'Q4' Are = 205.60 ®a' VADE MWPORAMr Ch- = 262.85 CUNsTpulti1oN EsNT C.13. N 16'01'10" E F Q C2 Curve to the Righl (A) ' TROPHY JOINT VENTURE _ 'q (s Gr° (CALLEDA Radiu 7.9629 .AC.) � h� t, De to — 24'39'211" {` 1 . VOL. 3302, PO, 893 Cj Are — 363.63 + Ch b_R.D.C.T. Q' 4 q . m 360.43 vi R 1/2" Q� 4 �y�a C.B. = N 42 "38'50" E H J3 "17'D3 W a 1s' i r ' C � 1� .�• C2 Curve to the Right (8) �b O Rodlus — 845. n❑ 1 7 Delta — 04 S s� Q [ o Arc = 60.79 Ch. - 60.78 POB 4 'A' 9 �� t„�� C.S. - N 57'02'10 E N 111 3 37.f2 F ' N Bg�R' t "14: . C3 Curve to the Loft (A) POG 'A' 464 .83• T8 Rodlus — 630.110 Tin 1/2 Celto = 24'47'06' 2 69'29'59' W OB 'Bw Arc - 0.19' Ch = 356.25 +frC C.B. — S 42'42'43" W R I40C E N I1 PQ( + * B� C4 Curve to the Left (A) 470 Radius — 517.09 Delta — 28'35'00' Arc — 258.11 Ch, 255.44 G.B. o S 15`01'10" W C5 Curve to th4 Left Rodivs — 770.00 11 N 01'43'10' E 119.84' Delta — 29'53'TF." 12 N 30'19'10" C 311.70' Arc — 401.66 T3 S 30'19'10' W 311.70' Ch, — 397,12 T4 R 111'43'111` w inA yr C.B. — S 45'15'46 W T5 5 28'58'42" w ,s. +a' C6 rtl.vtl to the Le ft 76 S 30 "1 g' 10 w 311.7 0' Y7 S 01'43'10" W 100.91' Rodius 457.09 T8 S 26'58'42` W 61?.56' 0 Dnllo — 25 - T9 5 42 E 15.12' Arc = 228.16 T10 S 4207'50 E 76.61' Ch. _ 225.80 CMSCO a /ar /409k uo s W. ume 6 EIR.1. x To — M.E. s 16'01'10 W Eep *Fs 0 E lpss—WArmovialtoo, Inc. ti ,�o �►� -�-a Engln• +rinq � En�l�anrrT�rrfor Consu!len�� - ff T ' ! � C ' 13800 .s Jolln 4 VHd a R. . ..S. 42133 JOHNSTf1AW8AlO Oalrn2, Kv:ea 7s2a0 (zr� 3BT —OTTr g PREPARED $Y cc SCALE c 2O �.��axa2s3��q� rlas% CHECKED BY ,,w IV ." C7' HIV DATE t Z31 96 O 100' 200• aoo' [.1-i_ & A. JO£T /T(ZACT 16156 pmcGExio.*. "L-PA" Fk Nu P,6.0 YCcoRD5 02z 07i 00 14 : 1'7 / <', /� y f Call r - /'"i c :3 836 s - 7�c 7 s27 c3� 5°1904469 0 3 48 NO. 00 3 P09 A+ona.o—e—w�,r,. Pearfaais ra.e anfe ae,..a.. an v.t: a?F THE t,r ,Almo FC:L f.p,7eFPTY QAV- M GP CGL-P CP fixf.i .} thYA UD RNV ifNENf Oi'i S[� 4 ECQC' 1VLa W C7.. C CF 4 t -O w D x OEMLrt1 e.MF . -.•iry F`a+w'F h �.n•vy� .. was FILEQ in w• A• wunm F• MGY4•.o w• 4h• wle a�F Px vxx f�ti�xi M1xtiw• y.ns: a•tl va• dory REe'a f• no 4•�i,� Fyu + Rss W iii W�•> ..+W'*Y a! 6..vr• t: w.y. *e.c� o. NOV 1 7 7999 0 GENT TeXAS • Filed for Record ii%- DCNTON COUNTY TX CYNT141A MITCH LL, COUNTY CLERIC On Nov 17 1999 At R; 40Poi DOc /j z 99— RO116728 , : DOC / Recur dxngt 3 17.0 0 7.0 pp� /19,gnst s +iE1�31 Ficceipt # ��arar�c►sska D y SCANNED DOCUMENTS Easement Agreement Name of Project: DCRWS- Denton Creek Pressure System Phase III, DC002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor & Meter Station Project Subsystem # DC003 Parcel # 11 4 17? Uni ue Identifer Number: DC003- ` 1 2. • spy UND?ER - 01JND SANI'T'ARS' SEWEI: L,INF, EA E+ i*riF.N'rS lNiCLiJDLN1 G METER STATION. ACCESS, ELEC'T'RICAL AND COMMUNICATION FACIL 'T� IE51 THE STATE OF TEXAS § y >E£Now ALL blF.N ay THESE PRESENTS: COUN OF DF.NTOIV AND § TAITIit" T § ' Article S Gramm of Ensemeai Teirftry C r 3 m THAT III LLWOOD/WrLLO'WEEND, LTD, a Texas limited partnership ( "Grantor") for and inconsideration of TEN AND N01100 DOLLARS (510100) and -other good and valuable con <A sideration to Grantor in hand paid by the CITY OF SOUTU TEXAS (the "City a municipal corporation created under the laws ofthe State o£Texas, with Its principal ar7ica at 667 North Carroll Avenue, Southlake• Tarrant County, Texas '14093, has given, granted, and conveyed unto, and dues by these presents give, grant, and convey unto, the City, ita successors and permitted assigns, an easement and right -of -way to lay, construct, inspcal, maintain, operate, repair, replace, change, and/or remove (i) a sanittrty sewer tine or lens, one or more underground electrical power lines and communication lines, together with an incidental equipment ar,d appurtenances, under that certain land mare particularly described in Exhibit "A" attached hereto and made: a part hereof and (H) one or more underground and aboveground sewer meter stations, together with all incidental equipment and appurtenances, in, on, over, through, under, and across that certain land de.acriaed in Exhibit "A" (all of the foregoing sewer line or lines, electric power lines and communications lines, meter stations, and incidental es;uipmont and appurtenances shall hereinafter be mferred to M the "Facilitiludl- The easement and right-of-way herein granted includes thv rislit of =sonablc ingress and egress ryOrn public rights -of- -way over and across Grantor's remaining land for the purposes of laying. constructing, inspecting, maintaining, operating, repairing, replacing, changing, and/or removing the Facilities'. provided, however, (i) Grantor reserves the right to designate. from tirne to time, that portion of Grantor's reinaining land over which such right oringress and egress may be eKercised by the City and (ii) the Cit shall promptly repair any damage to Grantor's remaining land resulting From the City's exercise of such right of ingress and egress (including the restoration of tine surface, replacement of topsoil, planting Of grass. replacement of landscaping, reca)tstrUvAion of fences, stud removal ofrocks and other construction materials). The easement and r i g ht- o f-way herein granted includes temporary construction casement over and vzroas that certain land more particularly as described in Exhibit "W' attached hereto and made a part hereof, to use in connection with the construction orthe initial Facilities consisting of the Denton Creek 'Wastewater interceplor Pressure System, pliastr Ili; which temporary construction easomwtt shall automatically terminate on the earlier to occur of the second annual anniversary of this agreement or the completion of construction and the City's acceptance of such initial Facilities. Upon completion of construction of thu initial Facilities. the City shalt promptly repair any damage to Grantor's remaining land resulting from the City's exercise of such temporary construction easement right (including, the restoration of the surface, replacement of topsoil, planting a# grass, replacement of lartdecaping, reconstaictnoa of fences, avid rem"I 1. of racks turd other construction materials). In addition. Grantor agrees to provide alternative access across Grantor's remaining land irthe need for such alternative access ruulls from Grantor's exercise of any of tho rights retained by Grantor in This agreement_ The CIty stw'111 promptly repair any damage to Grantor's remaining land resulting lVair t the City's cxurcisc of such altCrMtivc access right (including the restoration of the surl3iee, ropluccmcni of lupsvii, planting of grass, Millocranertt of laudacMplag, rewnstnu-tian ufjimces, and rrmuval of rucks wtd other cosatrtat:tiorp materials). OMCE Or HE CITY SECRETARY UNnpL:iLux;,Pnmix 4mrrAity sr wLR ImI! F&SUM M's Crry OF SOUTHLAXE t o <ct,uuunuuwtwtsrwrtcwaaxuaursct v x.i C30Y N. CARRatL AVR. i 50UT1ILAHt. TLXIao T . vaurarirrturx�++.ux /A3 - 11 �� ► �� M i he City agru:s than, in connection with tits exercise of spy of the rights herein gratued to tltc City, no hazardous materials or hazardous substances (as defined under applicable federal, state, or local law, as such laws now or hereinafter exist) shall be used, stored, generated, released, or disposed of in violation of suds applicable laves, and ffsuch vivlatinn occurs, the City shall be solely responsible for any cleanup, re--mediation, removal, or restoration mandaled by such applicable laws. Grantor shall have the right to approve any method of remedfation to the extent such rcmediation involves land owned by Grantor, its successors and asaigus, which approval shall not be tumcasanaWy witltiteld or delayed. Article n Parallel Pipelines There is included in this grant the right at any time in :he future to lay, construct, inspect, maintain, operate, repair, replace, change, and/or remove one or more additional lines of pipe approximately parallel with the first pipeline of pipelines Iaid by the City lserrunrler, su long as said Nturc lino or lines are within tho confines of the metes and bounds description contained in Exhibit " :� " The City shall submit all construction plans to Cstarttnr as far in ativ of construction as passible. Article III grorlon Coulrtrl For erosion control purposes, the easement rights granted and convey ed herein to the City shall also include the right at any time in the lGit:re to construct, inspect, operate, maintain, repair, replace, change, add and/or remove concrete; rock rip rap or other types of erosion control facilities to protect the City's existing and future pipelines located within or adjacent to creeks, gullies and other natural or man -mado water drainage courses located within the land described in Exhibit "A." The need for and design of any erosion control facilities are solely within the City's control and at the City's discretion The erosion control facilities shall be constructed within the high -flaw boundaries of said water drainage courses. The City, at its discretion, nay grade and slope tho banks or walls of the water drainage courses to facilitate the design and integrity of the erosion control facilities. The physical limits of the erosion control facs des shall be entirely confined to the land described in Exhibit "A." The City shall submit its construction plans of said future erosion control fac.lities to Granter as far in advance of construction as possible. Grantor shall have the right to modify the plans to control the appearance and aesthetic qualities of the erosion control facilities. provided Grantor funds any additional costs that result fiorn such modifications and provided Grantor's modifications do not hinder or cottiiict with the a-W tool btteeXity of any Oftha City'a faciliti Article IV Ertsement and bonntlon Grantor acknowledges this conveyance iz a doneuion to the City and there is to bet no payrac= for all rights conveyed herein Article V d Enjoymyn Grantor, its successors and assigns, may fully use: and enjoy sald premises encumt ared by said , easements, except that such use and enjoyment shall not hinder, conflict or interfere with the * rrcise- of tho City's rights hereunder, and no building, structure or lung -resin heiding reservoir shall be constructed upon, under. or across the rights -of -way and ease*+a herein granted without the City's written consent. provided further, Grantor, its successors and assigns, may construct, dudi"te, and maintain across said easements and rights- of-way such rail fines, roads, alleys, utilities, paved parking,, areas, landscaping„ walls, fences, signs, monuments, short -term storm water holding detentiun ponds and utility linos as will not interfere with the use by City of said easetents and right-at'-way for the purposes aforesaid. GRANTOR $hall obtain written consent from City, said written cunsunt pat to be unreasonably withheld by City, ptiur to GRANTOR'S construction of suid rail lines, roads, alleys, parking lot;, landscaping, walls, feacw, sigcla, monuments, short -tcrin stormwater holding (jcttaltion ponds and utility lines. Tltc City shall not willihold consent unless the City demonstrates that t1n: design of Cwmitor's improvements poses ate unreasonable risk of potuttiul dunugc to the Facilities. u,h l)1 :xnk0tjND tiAArrrARY s> WLrc lD4L etitiL'ML rty �1StillJUlTiu>.IL]U]YYAnnti .17tA2 X:r<k tis) -rat] eTU�coto alsrr+u. --st 12345 1057 Article VI {refs and Shrubbg" The City may trim and cut down Or remove trees and shmishery growing on or aver the property described in Exhibit "A" in connection with the construction, inspection, nwintenarax operation, repair, replacernent, change and/or removal of the Facilities, if necessary. The City shall us® its best efforts to udnitmae damage to trees, shrubbery, and landscap Article VII Cleanup of Easement Tile City shall clean up and remove all trash and debris, repar and replace fences, and repair other damage caused by said construction. Operation, and maintenance, including reasonable compensation far crop darnage, the restoration of existing topsoil, cr removal of spoils created during construction by the City_ The City shali not bury any trash air waste rnaterW of any kind on ilke easements described herein. During eonstrucrion, the City shall install such fences, barricades or safety barriers as mey be roaaonably required to protect the public, liv eatuck, or adjacent property. Article VII Cro os After execution of [his document, Grantor shall not establish any kind of grass, crop, or other type of plant within the easement areas described herein until after cumplet'son of construction and the City's acceptance of the initial Facilities. The City shall not restrict Grantor from harvesting existing crops prior to the initiation of the City's construction activities for its initial Faaities_ For the pt[rposeof Grantor's harvesting cff"Ort, the City 4hall notify Grantor at least two (2) weeks prior to the initiation of Wtiai canstrucxion activities within Grantor's property. Article IX gelricrttion efFndlitle9 Upon request of Grantor, and at Grantor's stale expense and tender of payment, the City shall relocate to another mutually acceptable location the facilities installed pursuant to the execution of this agreement. The resulting relocation of the Facilities shall be subject to any and all state and federal lawts governing said relocation. The parties agree that they shall not unreasonably withhold their consent in determining the "mutually acceptable location." Except in the event of an emergency, the City shall notify Grantor by telephone at lest[ 4S hours before the hegirnrting of each of the City's construction and maintenance projects on the herein descri1ed easements. [Upon such notification by the City, Grantor will in turn immediately provide the City with the narnes, addresses, and telephone numbers of the appropriate tenants of Grantor located on the Subject property. Article X N otices All notices required or pennitted hereby shall be in writing and become effective after being dcpositcd in the U.S. mail, ceriifued or registered with appropriate postage prepaid or. if delivered by suckl vthrr mu=cr, whets actually received. Notices to the parties shall be sddr4ssed as fo11 0WS: To Granwr: Hilltvood/Willowbend. Lid 2421 'Westport Parkway, Suite 200 Fort Worth. Texas 76177 Attn: Darcy Anderson LWOP_ aCUND SAWARY SWFA UNE rA St34etrM i[NCLUU[NO UVerii trAYLUNa AND A.tXYaU) N%.4 OIQ>LO7t pflt 52944JU 1345 i�S6 0 3'v thu City: City of Southlaku 4567 North Carroll Avenue St7otltlake, Texas 16092 Attn: City Manager From time to ti a party may designate a nave address for the p Arpose of receiving notices hereunder by giving notiru of its new address to the other patty in the Inane provided above. Article X LmA bilit V The City shall take all reosonablc steps necess." to avoid any damage of liability to Grantor resulting directly or indirectly frorn the City's exercise of its rights under this Wccltleat, except where such daptage or GabilitY is cauwd by the negligence a Grarrtur, Article X7: p i enr The casement rights and privileges herein Scanted shall be perpetual and said rights shall constitute covenants running with the land and shall be binding, upon and inure to the benefit of Grantor and the City, respectively, and their respective successors, assigns, and permitted assigns. The City's rights hereunder may be assigned, in whole or in part, to the Trinity River Authority of Texas without the prior written consent of Cjrzntor- Except as Provided in the 1. mnediately preceding sentence, the City's rights hereunder shall not be as- sj &ncd, tra.ttsferre4- C r 'lu""mbered Without the prier written consent 06 Grantor. Article X111 Terra 4f FASe M911 "f0 HAVE AND TO HOLD the abovc• described casements and rigixtsof-way and rights appurtenant thereto unto the City, its successors and permitted assigns, untJ7 all aFsaid Facilities are declared permanently abandoned by the City (or by its successor or permitted assigns), in which even[ said easements and rights -of way and rights appurtenant thereto shall tease and Wutinate 0itd revert to Grantor. Grantor's successors and assigns. Article XIV HindinJ- Ellett Grantor hereby binds Grantor and Grantor's successors and assigns to uvarmnt and forever defend said easements and rights-o€ -way tutd rights appurtenant thcrclo unto the City, its successors and permitted assigns, against evcry person whomsoever lawfUlly t lairttinl;, or to claim, the sarne or any part thereof, by, through, or under Grantor but not otherwise, `the covenants and agreements contained in this ogreetnenl bind the respective heirs, successors, assigns, peuitted assigns, alto legal representatives of the parlirs hereto, &rid the terms `Grantor" and the "City," where they occur in this agreement, include the respective heirs, successors, assigns, Petrnitted assigns, and legal representatives of Grantor and the City. The captions and article headings used in this agreement are for the convcnienoo of dw parties only and ahaU not be uacd in construing this ajjr6arneld- . Article XV Entire Agmmyu it is expressly understood that all rights, convcynnces. acid covenants are herein written anti no verbal aStcetnents uratty kind shat! be binding or recognized or irr any way modn tills agretrttrlit. This conveyance is made and accepted subject to any and all mutters of record relating to the hereinabove des: ribed property, to the extent, and only to tite extent, that the same may dill be in _ force and effect, shown of rtwvrd in the cfficas of th[t County Gerka of Llcnwn stud Tarrant Cuuntimi, Tetuan. . '� ' lrr.}irYSL[7FrGirN[JeANJT/� Sk:WY.R lSNEt2Ai U.1lNT9 ' . �[, S��t, �l�lirir111rt 'A7'nlNfleWnM �� t7ie?tW lat]t l7Y1lN 2345 l 0 S'9 E>X.CL;TED taus 6 4 , day of April, 1996 HrLLWOODIW1LLQWBF..ND- LTD-. a Te iinuted partnerslip gy; ; l Property C ompany, a Texas corporation, its General Fuinel B . Tilt.: l5 ACCEP`CEn ON TI'IE TERMS AND C0j DlTi0 - NS CONTAU4eD HERE CITY S(' HI. T xA� By. Title: eT` Dale: APPROVED AS TO FORM A4ND LEGALITY: CITY ATTQRNH'r THF, STATE OF'TFXAS C0UNTV OF TARRANT § ppof the undcrsigne�j authe . t I on son this day perally apptarcd !C Ili - Yid }Ci2iay the 't StQlr of tlillwocd Property Company, known to me to be the person whose watne is subscribed to the 10re86*19 instrument, and acknowledge to me shat the same was the act of the Bald kow"d property Company, a Texas corporation, in its capacity as G enera l Partner in MilwoodrV dIow'bend, Ltd., a Texas limited of partnership, acting through its duly authorized Gan paruter, executed the PSCRYt a1� t HiliwoodlW'sliowhend, Ltd., for the purpossea and curmderalton tlterctu capacity therein stated. Cii Vern uiW r [try h uW and Of u Elite Ott this I bi�_ day of April, 1995. 11UHUY L tUEKQ Notary public, State 'T'exms NOTARY PUB Ststa Of Texas Notary's Printed AHJ W,tSm. Exp. 07.1449 My comQnis3i4u £Jtp rg3; RETURN TO OFFICE OF THE CITY SECRETARY CITY OF SOU71 £Fi7 rt CARHOI -L AVE. SOUTuLAM. TEXAti .sioaK tJNL`t:S14r1t� JtJM 1r 8ASI1t'AttY S! }'ll 13NY. �!.:i 1t11:N'l7 tJ1vL'LUlUNa YSTUM MTATInta1 AEIU A+=X%'Z9 i� 6 CrililWLWU13,W4 -Lot • -- TILE STATE OF�T"AS� COUNTY Olen § �/�W S fa re me, the undersigned authority. on this day persanaiiy 5 t h e ),,g�e,� g& of the City of Southlaka, Texas, kltou+n to me to 6e the person and to mil that he om, w oso name is subscribed to the foregoing instrument, and acknovuled executed the same £or the purposes and cnnsidcsatiofl therein exprossed. in ty therein stated and as the act and deed of said city. — L rr�� 7" an Given under my hd seal of office oa this —LI - day of Apo 1 KIM BUSH No ubilc, State a£Tc"s * Notary puble STAYS OF TEXAS My Cwm. Esp. GLIZF 96 N `a Printed i�iatlt0: ,. ' My C nmission Expires: Pufmanont Utility Easement EH&A .sob No. 16156.01 C. Medlin Survey, Abstract No. 823 .1. Sutton Survey, Abstract No. 1 164 Revised � 7S. 13$ti 1.300 Acres EX1fiert "A° DENTON CREEK REGIONAL WASTEWATER SYS i EM DENTON CREEK INTERCEFTOR SYSTEM PHASE III4SECTION If PAF4CSL NO. 11 BEING A 115 -FOOT WIDE PERMANENT UTILITY EASEMENT AND A 1.30* ACHE PARCEL OF LAND SITUATED IN THE C. MEDLIN SURVEY, ABSTRACT ND. 823 AND THE J_ 'SUTTON SURVEY, ABSTRACT 140. 1154. OF DENTON COUNTY. TEXAS AND BEING 01JT OF A 1968.363 ACRE TRACT OF LAND (TRACT 21 AS 4>MEDE0 TO WESTLAKE INVESTMENTS LTD. AS RECORDED IN RECORD NO. PARCEL 93-R00316 OF THE DEED RECORDS OF BEING MORE PAFMCULARL'r DESCRIBED AS FOLLOWS: SAID 1_304 ACRE COMMENCING for feferanee at the northwest cutback corner of the south line of Highway 114 to the west line of the future Trophy Club Drive f which a found brass disc stamped Texas Department of Transiportaticn (TxDOT) hegira S 28 14' 12' E, a distance of 4.31 feat; Ti —irmCE 5 22 54' 17" E. Ylcng the south UM of Highway 114 and said outhnck, s 4iatartoa of 21.317 feat to the POINT OF BEGINNING; THENCE S 22° 641 17" E. continuing along said tine, a distance of 21.31 feat to a point Iraing in e circular curve to the right having a radius of 5,779.68 feet; THENCE along sa and having a havin hord which bears N 66 07' ang I I V W,a distances of 319 8S feet to poinU319.99 THENCE N 64 32' OS' W, a distance of 470.96 feet to a point. THENCE N 72 13' 67' W. a distance of 152.38 feet to a paint; THENCE N 60 40' 09" W, a distance of 302.70 feat to a paint; THENCE N 64 32'0-3" W. a distance of 818.36 feet to a point being in a circular curve to the left having a radius of 7,5139.44 feet; THENCE along said curve to the left having a delta ortgle of 10° 18' 36 ", an arc distanca Of 1,366.66 foot and having a chord which tioara N 89 41 W. a distance o1 1,363 A2 feel to a pointy THENCE N 74° 50' 30' W, a d +stance of 6298 fast to a paint; THENCE N 86° 23' 01' W, a distance of 185.82 feetta a point; THENCE N 43 21' 2132` W. a distance of 128.81 feat to a point in the sou111 line of Highw8V 114, said point being the POINT OF BEGINNING for Temporary Comuuctlan Easement Exhibit '13' Fart Two: THENCE S 74 50 60" E, with the south lisle of Highway 114, a distance of 29.72 feral to a point from W hi c h a bra" disk stamped TxDOT bears S 70° 52' 69' W, a distance of 1,08 feat; THENCE S 43° 21' 26' E. with tiro south lino of Hlgi,way 114 and pasaing the south Tins Of Highwuy 114 at 716.23 font, from which a found concrete rrtanusnent bears 5 66° 35'W W, a dl-tnca of O.S9 Seat, In all, a total distance of 98.21 feet to a {print; THENCE S 86 23' 01' V. a distance Of 181_42 feat to a point; THENCE S 74° SO' 39" E, a distance of 54.60 feet to a point being it a c1rcular curve to the right having a radius of 7,61]4.44 lent; THE having sa Curve to the chord which r ight S 613° 41 21" ' 36 E. a distance of13B8.b2 feat la o 368.36 to a p�t j Pate 1 of 2 G I�y5 1 062 Pnrmanant Utility E asament O{gA Job Nn- 16156 -0 C. Medlin Survey, Abstract No. 823 Revised March 28, 1996 J. Sutton Survey. Abstract No. 1 154 1.300 Acres THENCE S 64 32' 03" E, a distance of 816.87 fast to a Point THENCE S 60o 40 09" E, a distance of 301.69 feet to a point: THENCE 5 72 13' 57" E, a distarlee Of 151.98 1601 to a Paint; THENCE S 64 32' OS" E. a distance of 471.95 feet to a point being in a GUmAdar cun'e to the left having a radius of 5.764.58 foot, THENCE along said curve to the left (laving a delta an914 of 03° a" 19 an arc distance of 304.03 feet and having a chard which beers S 66° 02' 44" E, a distatres Of 304.00 teat to the POINT OF BEGINNING, and c9ntair4nU 1.340 acres, or 56,614 agararu teat of lend, mate ar lass. TO ALL pAFtTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 100 HEREBY CERTIFY THAT THE ABVE LEGAL AND ACCCURATE SURVEY I UPON THE GROUND AND FROM THAT SAME S TRUE AND CORRECT. UAL Company Nume: By. Surveyor% NOM13: R. n „,r St nfnn FteglaterAd Prof— stonal Land Surueyor, Taxae NM _ 431 Date of Sw—v: a Pape 2 of 2 2345. .-1 003 FN AW Terv+porary Construction Easemor t EHNrA Job No. 161 SO-01 C. Medlin Survey, Abstract No. 923 Rsviaaaa ilfarCh ZB. 1 B96 S. Sutton Survoy. Abatfact N0. 1764 2.317 Acrea EXHIBIT "9" DENTON CREEK REGIONAL WASTEWATI =R SYSTEM OENTON PR IN SECTION R SYSTr.M PARCEI. NO. 11 $SING A 16 -FOOT WILE TEMPORARY CONS78UC71ON EASEMENT (PART ONE) AND A 60 -FOOT SIUATEPINR THE MEDLI �SURV4EY. ABSTRACT No.. 1123D P ARCEL AND THE SUTTQN SURVEY OF A B LAND lT[MACT 21 OEaDEL7v Q W STLAKE INVESTMEN76 TO AS RECORDED N RECORD NO. 93-RC0 1 66 LAND B NG tWORIr PART' DESC IBUO AS LLOWS 3AlD 2 317 ACAS PART ONE thn BEGINNING at CEub Cr'a e wh�rch a laund brass stamped Texas DaP 1 WIM8"t of 7r n '� tion future Trophy (TnDGT7 bears S 28 ° 14' 12" 1-, a distance of 0.31 fast; THENCE S 27" 54' 17' E, along the south line of 1fighw adius of n d said8 t a d wtance of 21.37 feet to a point in a circuier curve to the right having a fiat and ho f 9 a id c h curve 10 1he right having a ard which bears N 6 &Q 02'a44" ang of distance of 304.04 feat t 3 * 0j, 19% an oic distarre" a Point; 304. THE THENCE N 64 32' 06" W, a distance of 471.95 feet to a point, THENCE N 72 13' S7' W, a distances of 1151 .88 feet to a paint; THENCE N 60 40' 013" W• 9 distance of 30 1.69 feel to u point, THENCE N 64 32' 03" W, a dlstanCe of 856.87 fact to a point being in a circular curve to the left hexing a rediu9 of 7,804.4 feet THENCE rilong said curve to the iefthavin as d i W1e Of 10* 1 a af61 ,36e.Fa2 at [c a pol 66.36 Rt test and having a chord which bows N e9 THENCE N 74 5o' 39' w a distance of 64.60 foot to a point; THENCE N 86 23' 01' W. a distance of 181.42 fast tC a point; THENCE N 43 21' 26" W, a distance 01 21.98 feet to s point to 3 point In the south Ilns of lligitwsy 114 from which a found concrete mcnul71erit peers 5 66° 36' 54" W. a distance of 0.99 feat: THENCE With the south tine of "'GhwaY 114 the Ioklawlnq eight (8i courses a nd distances: ;11 S 8 6o 23' 41' E. u dlatencO of 199.01 feet to a paint. 121 having 74 S e radius of d 9 4 5 6.03 iQot to a point being in a circulaf curve to the rrght aAcc Of 53) a l ong said curve to the rigt having a delta 370,99 feet and having a chard which beaus S Of I G9° 41'' F 3a dxstarlGe of 1C 369-14 foot to a point, (4) S 64 32' 03" a, a distance of 819.43 feet is a point. page 1 of 3 � 2214 Temporary Ccnstructmn Easement EM&A Job No. 1r-15a C. Mediln survey, Abstract No. 823 pevisod Match 28. 1096 3, Button Survey. Abstract NO. 1164 2.317 Anton is) S 60° 40' o9" E, a d"rstnnca of 3W.68 foot to a Voint, IG) S 72' 13' 57" E. a distance of 151.37 feet to a Paint. t7) S 64o 32' 05' €, a distance of 472.94 feet to a pca:nt bainql in a circular curve to the lets having a radius of 5,749.58 foot, and 18) along said curve to the left having a delta anglrt of o2° 52' 14 ", an are distance of 288.06 feet and having a chord which bears 5 65 58' 11' E, a distance of 286.03 fast to the POINT OF EiEWNNING, and cantaininq 1.259 octal&, or 64.822 square f ®9t of land. FART TWO BEGINNING at a point in the south tine of Highway 114. said point afafgmantianed in parminent UtWtV Easement Exhibit "A': THENCE S 43° 21' 26' E, a distance of 126.81 feat to a point: THENCE S p6° 23' 01' E, a distance of 185.82 foot to a paint, THENCE S 74" 50' 38" E. a distance of 62.98 fast to a point being in a circular curve to the fight havirw a radius of 7,689.44 foot THENCE along Bald curve to trio right having a delta angle of 02 32 05", en arc distance of 335.77 feet and having a chord which beers S 73 34' 36" E, a distance of 338.74 feet to a point: THENCE S 17° 41' 26" W, a distance of 60.00 foot to a point being in a circular curve to the left having a radius of 7,529.44 to " left feet; T $ � f wiuth bears N 73° 34' 8 W! a disteiZCS of 333 09 feet ar to a P- Qjnr: feet. THENCE N 74 50' 39" W a distance of 46.92 feat to a Paint: THENCE N 86 23' 01" W, a distance of 203.41 fast to 6 Pant; THENCE N 43 21' 26" W. a distance of 250.22 root to a Podnt in the south tine of Highw4V 114; Pegs 2 or 3 �.11iuJ M _. j Temporary Construction Eesgmert 2762 G. Medlin Survey, Abstract No. 923 EH &A Job No. J. Sutton Survey. Abstract No. 115<L HeviBed hRarch 28, 1899 6 stra 2.317 Auer THNCE 574* OFEBEG1NNiNG, end eontOni`ng 1.06a a=les• at 46 ,106 Square feet of [ l and. fat a total are* of 2.357 9er64 or l oo.928 equare lost of land, rnors of 104". ._. rs�ie+rn[z•e r'�fi1'IFiCA7E TO ALL 'PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED], I DO HEREBY CERTIFY THAT THE A13OVE LEGAL I O PU F ROM AN ACTUAL AND ACCURATE SURVEYUPON THE GFL0QN13 AND T ME RAT SA 3 TRUE AND Ct7RP>y� Company Narno: _ g aev_ Hunt By: Survayor's Name; g- C)av Errutt Registered Professional Lind Surveyor, Texaa No. Date of Survey: Page 3 of 3 1 ?'345 1 0 66 i w 01r1410N CR1;E'K R 4AL WASTE W A TI A i pENTCxi CIEE3S PRESSURE S,STCu PHASE 111 \5ECTION n t1�� A P6F�.•N�x 47LrfT 49/7 C. MEDL1h SURVEY ABSTRACT NO. 823 �a � x t - 89 VAAC ON[ 15' w[E fE'1�oMJIRY �peti✓ItY,OM [gl f/ !/ ,. * h b 3 PART TWO S r S h } w+e1 •.- ,s wroc �rtra+i.e++r 4g17Y iSw Q MEOLiN SURVEY l! ABSTRACT NO. 823 aQ i�x I J- SU TTON SURVEY ABSTRACT NO. 1154 Fro x,mor 0MC 7*Mn r W WESn -WE 14VESTMEHTS. LTD. RECORD Na 9 ? 0 031669 TRACT 3m� °Y 0%* (CALL= 1466.563 AC.) a al DATELI 5- -17 - 45 z sxo cm war �v 56573'54 a� ffm ax s o Am se� ol 6Y f = 1:1 �oslats i 6acaaWQay. !<ra. CnsrA.a•+•rs en.r•o.m.wroi eanxu/hs.f. �. David 5lrU{i6n R.P.L.S. 4312 l�urrn.. ra.ur 771a0 (SIJ) ,xe1 -0771 PREPARED BY r, SCALE: 1" CHECKED BY DS PAGE i Of✓ 2 f1 V 98 DATE & A. Job /fi ACT 1F1S6 11 i Z3L4 I Ub7 "13 'A. M Y O( SMT"wffE PLAT OF. ExHlBiT - & � � PAC * ri + 667 HoRlh CARR A%OrNUE PCs B PART Ow WLa moor a= :A1111g.ML TEXAS Tsars a ae7 * C car + /! snD TOOT s 20 r -Zr O• � ' ci f/ ry t1�� A P6F�.•N�x 47LrfT 49/7 C. MEDL1h SURVEY ABSTRACT NO. 823 �a � x t - 89 VAAC ON[ 15' w[E fE'1�oMJIRY �peti✓ItY,OM [gl f/ !/ ,. * h b 3 PART TWO S r S h } w+e1 •.- ,s wroc �rtra+i.e++r 4g17Y iSw Q MEOLiN SURVEY l! ABSTRACT NO. 823 aQ i�x I J- SU TTON SURVEY ABSTRACT NO. 1154 Fro x,mor 0MC 7*Mn r W WESn -WE 14VESTMEHTS. LTD. RECORD Na 9 ? 0 031669 TRACT 3m� °Y 0%* (CALL= 1466.563 AC.) a al DATELI 5- -17 - 45 z sxo cm war �v 56573'54 a� ffm ax s o Am se� ol 6Y f = 1:1 �oslats i 6acaaWQay. !<ra. CnsrA.a•+•rs en.r•o.m.wroi eanxu/hs.f. �. David 5lrU{i6n R.P.L.S. 4312 l�urrn.. ra.ur 771a0 (SIJ) ,xe1 -0771 PREPARED BY r, SCALE: 1" CHECKED BY DS PAGE i Of✓ 2 f1 V 98 DATE & A. Job /fi ACT 1F1S6 11 i Z3L4 I Ub7 FLAT CF ExH)a!T' -A" T S 22'34'17' 21 „37' 72 9 223;4'17' E 21.57' T3 N 7 2'1.'57' w 152.79• T4 N 7a3Q "79° W 52298P N 86'23'07" w 165�8Y r6 N 4 S 31 `i 6 w f 28 67' T7 S 7 4'50''30' E 777 S 4 3'21'29' E: 2!1 72' T9 S 86 '23 • 01 - € 99.21.• T10 S 74 30'39' E 1a1.4z.• Tr? 5 7293'57” g 54,80' TT2 S 17'41'16- W 151 -SW 115 N 74'80 °sg" W 60,00' -100, fl$ N 89'23 W 4 T17 rN 4 3'21'26 - w 203. 41' 280.22' T16 5 74'$0'50' £ 719 N 4,3 - 21'26- w 114, 87' T20 5 3673'oI- E 21,176' T27 S 7 4'80 . 39 - E 199,01' 722 S 7-2'13'57' E Ss . O J' 151. Y7' Y.Y W *,ME MWURW W4 rjmw ct Radius 5779.58 Oates .. 03'10'27}' arc . 719.94 Ch. = 319,95 c.e. . N G's-O '15 w Radfus r 758.9,44 delta . 10 Ara .. 1383.86 Ch, . 1363.62 C8 + N 60'4121" W C3 Rhr4 . 7604.44 Ara - 1368.36 Ch. 1368.52 GB• S 69111'21' E RcdfuB C4 Delta 03'01 ,1g8 Ara ' 3c 4,G3 Ch, J04.00 C.414 . S 58'0-2'4*' E �petoa r C+rgr .�.+ Aats�iat4r. �b4. r.lOOa aw �I lnN� V.rV ryrFlf Rl9f CaR /V /fOw /) Oorra; rr -aa 7 ?lJP lrs 270 fsri7 rs: - or71 PREPARE[] RY FL 0014d Stratton R.P.LS. 4,312 GC CHECKED tlY os parE SCALE. 1 ". 701]' A. JCR /= • T R-311�a 161 56 /0112' k r wAS7E WA TgR V r0N CRF Ii P"L RHASl; III\Scc R 1 N{l. 1 C17Y Cr 30,U>t.t.AacE 487 MoR M CAR,,X SOU714/yI-7 TEXAS Radfu* .�-573e9 44 Af �& 7 g5' 1 74 3 CIS 11adf up . T529. 44 Ara �. ]33.7 t 2.0S• C7r. 3310, CB, . N 7 334'38' y1 Redtu� 0-7 UN1.o ^1 7619.44 Ara r 1374L9 �• ch. = 1 369.14 S 68'4 + E ca RoelFup . $708,38 O2 4 Ara . 288.06 • r' S 665WI1 i= PA 2 o r 2 Pormanont Ut0ily Easement F * C. Madlin Survey. Abstract No. 823 EH&A .lob No. 1615"'! 0.833 AA=oa Revised Aprii 1. I S O 6 E) mISlT 'A' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEX iNTERC]EPTOR SYSTEM PHASE 11115ECTION 11 PARCEL NO. 12 BEING A 16 -FOOT WiOE PeA MANENT UTILITY EASEMENT AND A 0.633 ACRE PARCEL OF LAND SITUATED IN THE C. MEDLIN SURVEY, ASSTRACT NO. 823, DENTON COUNTY. TEXAS AND BEING OUT OF A 1988.363 ACRE TRACT OF LAND f RACT 2) AS DEEDED TO WESTLAiGE INVESTMENTS, LTD. AS RECORDED IN RECORD NO. 93- R0031669 OF THE DEED RECORDS OP DENTON COUNTY, TEXAS IORDCTI. SAi00.833 ACRE PARCEL CF LAND BEING MORE PARTICULAALY DESCRIBED AS FOLLOWS. CommENCING for referenca at the intersection of the south line of Highway 114 is varialge width right of way) With the west lino of Pfacinct Lute Road (a variable width right of way); THENCE S 00 24' 43" E. with the west line of Precinct lino Road, a d na.v=a of 15.90 feet to the POINT OF BEGINNING; THENCE S 00 24' 43' E. continuing along sold line, a distenca! of 16.90 feet to a pant; THENCE N 71 03' 54' W, leaving said line, passing at 100.00 feet the Point of Beginning far Temporary Ccnstruction Easement Exhibit '8' Part Two, in all, a d4 tanca of 747.48 feet to a point being in a circular curvo to site left having a radius e,1 6,679.5a font; THENCE along Bald curve to the left having a delta angle of 41 0 9G' 51', an *to distance of 193.06 feet and having a Chord which bears N 72 02' 20' W, a distance of 1123.06 foot to a paint: THENCE S 69 31' 38' W. ■ distance of 98.62 foot to a point being the Point Cf $spinning for Tamporary Cortatructlon Eaaement FxNbit "8' Part Three, THENCE N 76 22' 01' W, a distance of 306.80 loot to a point; THENCE N 75° 07' 03' W. a distance of 369.36 feet to a point; THENCE N 63 37' 03' W, a distance of 241.10 foot to a point being in a Circular curve to the right having a radius cf 5,779.68 feat; THENCE along said curve, to the right passing at 363.83 feet the Paint of Beginning for Tomparary Construcllon 1 asemont 153"bit 'a" Part Four, a total arc dlstanos of 477.07 feet and having a delta angle of 04 43 46', and having a chord which bears N 71 64' 47" W. a distanta of 470.93 foot to a point in the south line of Highway 114* THENCE N 70 24' 56' E. with the south line of Highway 114, distance of 23.38 feet to a point being In a circular curve to the loft having a radius of 5.764.58 feet; THENCE leaving Highway 1 14 and along said curve to the left having a delta angle of 04" 33' 56', an arc distance of 469.34 feel end Raving a chord wNch bcgons S 72' Q0' 32" E. e d�a of 468.22 feat to a points THENCE 5 63 37' 03' E, a &otartc9 of 240.98 feet to o point; THENCE S 75 07' 03' E. a dletance of 367.81 feet to a paint; THENCE S 75 22'01' E. a distance of 300.82 foot m e point; THENCE N 09 3t' 38' E, a diata of 90.36 feet to a point being in a circular clove to the right having a radius of 5,694.68 fact.' THENCE along said curve to the right having a delta angle of 01 a 59' 56', an arc distance of 1913.66 loot and having a ckwrd which bears S 72 03' 52" E. a diatanoW of 186.66 fast to a point: [2345 1059 Pago t of 2 Peirnanant Utility Easement C. Medlln Survey, Abstract No. 823 0.933 Acres *13 -276• CH&A ,lob No. 16155.0' Revised April t, 4994 — 'Hr NCE S 71 03" 54' E, a distance of 747.32 Not to the POINT OF 8EMNNING, and containing 0.833 acres. or 3S "307 square Net of land, moils or ras TO ALL PARTIES INTERESTED 1N 77T1.E TO THE PREMISES SURVEYUD, 1 DO HERESY CERTIFY THAT. . THE ABOVE LEGAL OESCRIPTiC NI WAS PREPARED FROM PUBLIC RECORDS ANO FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company blame Surveyor's Name: R pa dUrr,4=on �;ti ,; °.•_; ::� Regilstarad Prafesaional Land Surveyor, T exan N4. t "HptY ^7 S �rtP i) SuA Date of Survey: Ortubgr. 199 L TaInporary Construction Easurnent FN 6 C. Madlin Survay. Abstract No. 823 Eia &A Job No. 16-0 3.066 Acre FLaviaad April i. 1990 ExHIEJT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON C»EEK INTERCEPTOR SYSTEM PHASE IMSEC'nON 11 PARCEL NO. 12 BEING A VARIABLE WIDTH TEMAOFiARY CONSTRUCTION EASEMENT AMC A SIXTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT AND A 3.055 ACNE PARCEL OF LAND SITUATED M THE C. MEDLIN SU14vEY, ABSTRAC,7 NO_ 323, DENTON COUNTY, TEXAS AND BEING OUT OP A 1 968.563 ACNE TRACT OF LAND [TRACT 2) AS DEEDEO TO WESTLAKE INvt:tS I MENT'S. LTA. AS RECORDED IN RECORD NO. 93- RCO31688 OF THE CIEED RECORDS OF DENTON COUNTY, TEXAS'. (ORDCT). SAID 3.086 AfiRF. PARCEL OF LAND amr4G MORE PARTICULAW -Y DESCRIED AS FOLLOWS PART ONE BEGINNING at the intatsection of the south line of Kphway 1 t4 (a tradable width right of way) with the weat line of Precinct Line Road [a variable width right of wayl; THENCE S 00 24' 43' E, with the weer line of Precinct Ling Road. a distance of 18.81} loot to a point; THENCE N 71 0 03' 54' W. a distance of 742.22 foot to a point being In a Circular ctrve to the left ('laying a radius of 5,694.58 feat THIZNCE along said curve to the I having a delta angle of 01 59' 6a', an are distance of 198.66 feat and having a chord which boar* N 72 03'52" W. 8 distenca of 198,86 feet to a Point: THENCE S 69 31' 38" W. a diatanCs of 98.96 feat to ■ point; Tl-;ENCE N 75Q 22' 01" W. a distance of 300.82 fast to a point; THENCE N 76 07' 03' W. a distance of 367.81 foot to a Point; THENCE N 63 37' 03" W. a distance of 240.98 feet TO a PCInt being In a 6ircufar curvy to the right having a tedium of 5,764.58 foot: THENCE along said curve to the right having a delta angle of (34 33' 86', an arc diswnca of 459.34 feat and having a chord which bears N 72° OA' 32' W, a distanaa of 459.22 foot to a point in the south line of State Highway 114; THENCE with the south line of Highway 114 the 10110wing ten [10) Cotiraea and dl41anC" -' (1) N 70 24' Sfi' E, a distance of 23.45 feet to a point being in a circular curve to the left having a radius of 5,749.56 feet ham which a found brass diets stamped TxDOT bears S 66 46' 6B" E, a distance of 0.37 feat, (,21 along said curve to the left having a delta angle of 04a 24' 00', an aic distance of 441.85 feet and hav!JV a chord which beara 6 72 Of3' 20 6, a d[atwum of 441,44 feet to a point. (3) 5 63 37' 03' E, a dfatanco of 240.68 foot to a found brats disc stamped TxDOT, . (4) N 84 36' 16' E. a distance of 154.28 feat to a point from which a found Wass disc stamped TxDQT boars S 77 41' 03" E, a diAtcrlce of 0.21 fast, (5) S 76 40' 67" E, a distanca of 120.0(1 font to a Dolnt from which a found brass disc stamped TxDOT bogs N 56 13' 21' E, a distance of 0.24 foot. (6) 6 46 1) 55' 42' Pc, a diotanca of 119.30 feet to a point Rom which a found bra" disc Page 1 of 3 1 2 Temporary Construction Easement C. Medli SLCV*y, AtaUaat Nc. 823 3.056 Acres 0 FN 0 -2765 Eli &A Job No. 1451643-01 ftayisad Awd 1, 18945 stamped TxDGT baara 5 81 Q 1f3' 2B' rr. a dLTmnca of 0.48 feet, 1171 S 75° 22' 01' S, a diatence of 196.04 feat to a found brass disc marnpad TxOOT, (81 N 69 31' 38' E, a distance of 99.19 feet to a point being ins circular curve to the right: having it radius of 8,709.58 feet from which a found brass disc stamped TxDO ' hears S 80 36' 51" W, a distance of 0.68 feat. (9) along said curve to the right having a delta angle of 02 02' 59', an arc distance of 204.2O teat and having a chard which bears 9 72 05'24" E. a distance of 204.25 Not to a point from which a found brass diso utempod Tx*O T hears N 49 35'01' W. a distance of 0.26 feet. and (1 C) S 71 ° 03'54" E, a distance of 736.95 fact to the POINT OF BEGINNING and cons Lning 1. 132 a=rea Of 49,.311 8 Square feet of lead, rroro or lase PART TWO sEGiNNING at a point eforarnentioned In Fermanent UtlUry Eazarmmt Exhibit 'A'; THENCE S 16 68' 041' W, a dhitance of 50.00 foot to a paint; THENCE N 71 a 03' 64' W, is distance of 320.00 feet to a point; THENCE N 18 a 643' 06' E, a distance of 610.00 feet to s point: THENCE S 71 03' 54" E, a distance o f 320.00 feet to the POINT OF SZ and canteinina O.441 a=rea. or 19,708 aquas feet of land, more of Is s9. PART TREE BEGINNING at al paint aforementioned In Pannenent ULTrty Easement Exhibit 'A'; THENCE S 02° 56' 12' E, a distance of 62.43 feet to a point; THENCE M 75° 22' 01' W. a distance of 324.71 feet to a poln4 THENCE N 75 07' 03' W, a distance of 376.52 foot to a point; THENCE N 63 37' 03' W, a distance of 55.84 foot to a polnu THENCE N 00° 68' 6113" W. a distance of 67.56 feet to a polrM THENCE 5 63 37' 03' E, a distance of 80.85 feat to a point; THENCE S 75 07'03 E, a distance of 369.36 foot to o paint; THENCE S 7 22' 01' E. a distance of 305.60 feet to the POINT OF BEGINNING, and containing 1.0411 Mmas, or 46,311241 square foot of Land. mare Or Wsa. Page 2 of 3 1 3=i� I!]7? l: F1Jofi6 Tomporsry Cornstmotlon EH&A Job No. 16156 -01 C. Mediln Survey. AbOU4131 No. 823 R April 1, 1$96 3.066 ACf@4 PART FOUR BEGINNING at a point aforementioned in Parmenant UtilitY Eamr r'Gnt El"I THENCE S 70 24' 56' W, a dismrtaa Of 133.72 feat to a Pcint: THENCE N 68 38' 25' 1N, a distance of 179.44 feet to a pCim; THIiNCE N 22° 64' 17" W, a diatanea of 123.27 161Mto a point; THENC2 S 65° 44' 34' E. a distance of Be. 63 lost to a paint in th• dauth tins of fdlghwav 1 14: THENCE S 22 S4' 17' E. 'With the south ti of HIQhwQV 114, a dtstaruae Gil 36.43 feat to is point in ,be west line of the future Trophy Ckib Drive; THENCE 3 eae 38' 25' E, with the south Ilna of Highway 114, a distance of 131.70 foot to a point in the east line of the future Trophy Club Drive: THENCE N 70 24' 66' E, witty the south Gno of Hghvvay 114. a distance of 38.71 foot to a point being in a circular Curve to the left having a radius o } 5,779.56 feat; THENCE leaving said line and along said curve to the taft having a delta O d istance a# 6, 0 9 feat to distance of 94.19 f and having a chord whicli baara S 70 00' 55 Of 009 f to the s wtuf off 3 O66 acsas or 133,130 -q re feet of WWSmare sq uare Wsa'. art of lend. more or lase TO ALL PARTIES INTERESTED IN T1TLE TO THE PREMISES SURVEYED. 1 00 HERESY CEFMFY THAT THE ABOVE LEGALCESCRIPTION WAS E O PU AND ACCURATE SURVEY UPON TH6 GROUNDANQ THAT SAME IS TRUE RUE AUD CORRECT. GTt]At ___ .. �. Ane,.niYfao rnC Corn136nY Ngme' Surva Nerne: SMIUMn. ` Re$iatated Professional Land Swveyor, Tom" No. _ C 12 - i'• _ _ Dote of Server Page 3 of 3 �23rt,� i n7� sus+:rEr. C, ,IECLIH ♦ -a23 OENrOn CpEEw ' +OcrAL • LpcwnOH: `DE+�T4N CL1HT.'. 1'LxwS ty,4$TEWwT'E TEM Ew.:cwEr+i .+coui5rnon'w' tr.e3y ,RC. 36309 T.`8 3.055 AC, 133130 so. f-T. of]d10H C,EEr( PR SYSTEM WCAC PROPE"TY w{AE► : 1966.561 AC. pwASE III \5ECTION 11 PLAT QF F -MiSIT "A" 8c PARCEL NO, 12 PCB 'A' C1TY OF SCUTP-L"iE POC + A' \ 6d7 NBRrM C AYEHUE PUB 'E' \ \ \\ SW YHe.ru[E, 1©u 96092 PAA r ONE wecu tr trc ,% cu+w �- ,e• fc 4m1Y'Y 3 Ci C7 �� ti rw,ar 'A' - K1L�11.Y1e LSM1 rW0 TAMQf E s+c H X979111: Y n2r C. MEDLJN SU ABSTRACT Nd. 823 zo ai w� yw, o+a' no T=ai C= PUB `S' 5� kAT THREE `f 'o117c Al PART FGLFR -Tr g YOB '9' IPAIAT TWO , y ri,�Pr•aw[ [911 %g S1LA1c8 I,v.„ESWENTS. I.M. `ert,dr ry8' RECARP HO 93- R0031662 c7 7 "D' so' wax g cemsTwaar m esar 1 a � y X TRACT 2 --T r? (CJILLEO Ig6mi83 AC) ' OATM g - 17-93 r+o , V 9 111 f • t� -• ti�� s 4 {(r wo¢ , OlrfluRRY om MWAGMW may *we Rbecm Ay i4147»LHp► Call n34 "I W sti T[Hr(*)Ay .. + "i � i ` PUB `S' 5� kAT THREE `f 'o117c Al PART FGLFR -Tr W" ' rlO Ttr07 0150 # • i 1Ys s c7 7 "D' so' wax g cemsTwaar m esar 1 a � .. R' .HO poor a sc = : x ftzs'n' c r+o , V 9 111 f • t� -• ti�� s 4W � ' pprpi b' om To ` *we Rbecm Ay i4147»LHp► Call n34 r sti C- MEDUN SURVE =Y .. + "i � i ` ABSTRACT NO. $23 1 um 4mr _' yEg AKE INVESTMENTS. LTD. RECORD NO- 43 - 80031669 No rotor Ow ; � D.R.4_G.T. �i y �r TRACT I Vr (Cw4,LE{7 f4dd.363 AC.) n r ti N PAVE 1 OF ? Aavvaloiwv, 11514• �JU LO . Qavid SVisiLOn R.P.LS_ 2 #Qi R BY cc SCALE: L" >+ 200' BY R V t 1 98 JOB /TRACT 1s15 —+ DENTC)N O;erK - "',4AL WA5IEWA1'ER imm DENION QMMi FIRESIJEWSYSTEU PRASE 9l\SECT10N 1 1 FLAT OF EXHIBIT "A" & "S" rl S 00124'4 & 15.9o T2 5 0014'43' E 15.90' Y3 s 69131 w vaer ra m 70 9 U.&S T5 tj 7074515' X cl I?od.m 5749•5a ye m 69"31 E SSAG 77 3 1 s756'06' W Go.cly Ta N 1 w5wos* C 60,00* Tq S 02 C 62.23, T140 N 4333 w sf)." T11 N 00'58'56' W $7.56, rt2 m SV.36'1 S' Z 154-29r T13 S 7640'5 E 12*00' T14 s 45 E 116-36' Tis N 65' E 99,29' TIS S 65'37'05' 9 soxv T17 N 70 C 38.71' 718 - 3 70 W 133.72! T19 m 6V35 W 179.40' T20 N 22'5417' W 123.27 T21 S 68'44'34' E 86.63' T22 5 22 C 35.49' T23 S WSalrd' E 131.70' .wp ar vodka rommaiv am TAPAW C)ty OF SGUM.AgE 067 NORTH QlRam A%SMUE sCunqLAVL MuS 70492 cl R*41us . 3679." C.5 FladWs - 5779.58 o4to - oatd - 00"4war Ara 193.00 .Ire 94.19 ch. 94,19 197.173 N 72vx2w Yo 5 717w57' E C2 RcWus . 5779.50 cl I?od.m 5749•5a Oeltb OW4Y48' 0 . '2404 Are 477+77.07 Arc 441. Ch. 476.03 CAL h 71 CW4r w Ch. = 441,44 CAL 5 l=W2W X C• R11d[ua + 5644.58 Arc C.B. 72 E F- I'PAGE 2 OF m IqlrAa viust" • 'A %Nab. A960616som. I=*- Z,- rA.W*.M—paF cd.m.ltm-op 4312 % o'— a;,o,v fjo R. agAd �Strutt*n pansy.. Tlras Tll�0 r: .1 bo Von rrM PREPARED BY cc --- SCALE 1' 200 CHECKED By as DATE REY 6/1/98 E.H. & A. jo8/TFlACT -2 1 2345 1 75 ra Raigus - 5709L58 C3 Otita - ZGZ50 R-Z"l r 5784 Arc s 204.2 odlita r 0453'66' Ch. = 204.25 721"24r t Are - 459.34 Ch. = 459.22 C.D. . $ 7264'32' C C• R11d[ua + 5644.58 Arc C.B. 72 E F- I'PAGE 2 OF m IqlrAa viust" • 'A %Nab. A960616som. I=*- Z,- rA.W*.M—paF cd.m.ltm-op 4312 % o'— a;,o,v fjo R. agAd �Strutt*n pansy.. Tlras Tll�0 r: .1 bo Von rrM PREPARED BY cc --- SCALE 1' 200 CHECKED By as DATE REY 6/1/98 E.H. & A. jo8/TFlACT -2 1 2345 1 75 D196080986 CITY SOUTHLAKE 667 N CARROLL. AVE 76092 1 gptyguLAIKE„ TX -W A R N I N G -THIS IS PART OF THE OFFICIAL. RECORD - - V O N A E S T R O Y 1 N D E H E D T A R R A N T C b U H T Y q* E x A 5, I S U Z A N N E K E N D E R S O IN Co" "ry CLERK I O F F I C I A L R E C 9 T P T T 03 CITY OF SOUTHXAKE RECEIPT Vo REGIS'T'ER RECD-H'Y' PRIN'T'ED DA'T'E TIME j 156182162 OL;493 W000224 04/39/96 INSTRUMENT FEECD INDEXED TIME 1 D196,000906 wu 964429 14 -S8 CG v O T A L DOCUMENTS: 01 I' E E St 47.00 H Ys AIRY PROVISION WHICH RESTRICTS THE SALE RENTAL. OR USE or THE IB INVALIDCRANDSU NFO€iC UNDaR FEDE LAW, OR RACE 1 23�s:: I U 1G SCANNED DOCUMENTS Easement Agreement Name of Project: DCR.WS- Denton Creek Pressure System Phase III, DC002- Section I DC003- Section lI DC004- Section III DCOOS- Kirkwood Branch Interceptor & Meter Station Project Subsystem # DC003 Parcel # I's Unique Identifier Number; DC003- 13 J 0 OG-:L G1 7 DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE III, SEC`TtON,R1r___1j: EASEMENT AND RIGHT -OF -WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) Parcel #13 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT I, Rhonda C. Decker - Chandler, hereinafter referred to as Grantor, for and in consideration of FOUR THOUSAND AND NO1100 DOLLARS ($4,000.00) and other good and valuable consideration to GRANTOR in hand paid by the CITY OF SOUTHLA -KE, a municipal corporation situated in Tarrant and Denton Counties, hereinafter referred to as GRANTEE, with its principal office at 667 N. Carroll Avenue, Southlake, TX 76092, the receipt of which by GRANTOR is hereby acknowledged, have granted and conveyed, and do by these presents grant and convey, unto the GRANTEE, its successors and assigns, a non - exclusive, subsurface easement and might -of -way to lay, construct, inspect, operate, maintain, repair, replace, change, add and /or remove one utility line with all incidental equipment and appurtenances, and the hereinafter described erosion control improvements (IMPROVEMENTS), (all items collectively hereinafter called FACILITIES), in, on, over, through, under and across that certain land situated in Denton County, Texas, more particularly described in Exhibit "A ", attached hereto and made a part hereof; together with: the right of reasonable ingress and egress across GRANTOR'S remaining land, where necessary to and from the above- described tract, for the purposes of laying, constructing, inspecting, operating, maintaining, repairing, replacing, changing, and /or removing said FACILITIES, said work shall be performed with a small - wheeled, rubber tire backhoe or other suitable equipment to minimize damage; and a temporary construction easement, as described in .Exhibit "B ", attached hereto and made a part hereof, to use in connection with the construction of said initial FACILITIES, said temporary construction easement to expire upon completion of construction and acceptance by GRANTEE of said initial FACILITIES. There is not included in this grant the right in the future to lay, construct, inspect, operate, maintain, repair, replace, change, and /or remove more than one (1) line of pipe. f: \files \slake \Ira \dentcrk \tandem na\ decker \easemen L f04 Page I SEP 2 6 1996 0 ! For erosion control purposes, the easement rights granted and conveyed herein to GRANTEE shall also include the right at any time in the future to construct, inspect, operate, maintain, repair, replace, change, add and /or remove concrete, rip rock and other forms of IMPROVEMENTS to protect GRANT'EE'S existing pipeline located within or adjacent to creeks, gullies and other natural or man -made water drainage courses located within the land area described in Exhibit "A ", subject to payment by Grantee of all damages resulting from all future improvements. The need for and design of any rMPROVEMENTS are solely within the GRAN'TEE'S control and discretion. The IMPROVEMENTS shall be constructed within the high -flow boundaries of said water drainage courses. The GRANTEE, at its discretion, may excavate and fill within the easement and may grade and slope the banks or walls of the water drainage courses to facilitate the IMPROVEMENTS design and integrity and subject to payment by Grantee. The physical limits of the IMPROVEMENTS shall be entirely confined to the area described in Exhibit "A ". GRANTOR acknowledges that the consideration paid by GRAN'T'EE is full and final payment for the grant of the easement and right -of -way herein described and ordinary and reasonable damages to the surface resulting from the initial installation of the Facilities. GRANTOR, GRANTOR'S heirs, executors, administrators, successors and assigns, may fully use and enjoy said prernises encumbered by said easement, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of GRANTEE'S rights hereunder and no temporary or permanent building, structure or reservoir shall be erected, placed or constructed upon, under or across the right -of -way and easement herein granted without GRANTEE'S written consent; provided further, GRANTOR, GRANTOR'S heirs, executors, administrators, successors and assigns, may construct, dedicate and maintain across said easement and right -of -way such roads, alleys, utility Dines and fences as will not interfere with the use by GRAN'T'EE of said easement and right -of -way for the purposes aforesaid. It is further agreed that GRANTEE may remove from the easement arty fences, buildings, structures or other obstructions which interfere with the exercise of GRANTEE'S rights herein which are constructed without GRANTEE'S consent and GRANTEE may trim and cut down trees and shrubbery in connection with the construction, inspection, operation, maintenance, repair, replacement, change, and /or removal of said FACILITIES if necessary_ GRANTEE shall clean up and remove all trash and debris, repair and replace fences, roads, alleys, utility lines and repair other damages caused by or resulting from said construction, inspection, operation, maintenance, repair, and replacement of the utility line and shall restore the surface to as near its original condition as reasonably possible. GTJ.NT"EE will not remove excess dirt from permanent easement if it is possible and feasible. f: \Cdes\ slake\ Ira\ dentcrk \condcmna \dccker \c4scmcnt.fn4 pag` 7 GRANTEE Hereby agrees to indemnify, defend and hold harmless GRANTOR from and against any and all loss, damage, liability, cost and expense arising out of or related to (a) any activities conducted by GRANTEE or GRANTEE'S successors and assigns within the area subject to the easement, (b) the construction, maintenance, use, repair or operation of the FACILITIES or (c) any entrance upon adjacent property owned by GRANTOR or GRANTEE, its employees, agents, licensees or contractors, except for these losses, damages, liabilities, costs and expenses caused by GRANTOR. In the event that any legal proceeding is brought to enforce any provision of this easement instrument by GRANTOR or GRANTEE, the same shall be brought in Denton County, Texas. GRANTEE acknowledges that GRANTOR claims ownership of the property to the centerline of Precinct Line Road. GRANTOR will honor the terms of this easement to include this property. The Temporary Construction Easement shall expire upon completion of construction and acceptance of improvements by Trinity River Authority. GRANTEE shall notify GRANTOR in writing of the expiration date before any responsibilities of the GRANTEE shall end pert to such Temporary Construction Easement, at which time GRAN'T'OR may fence the property covered by the Temporary Construction Easement. The easement rights and privileges herein granted shall be perpetual, and shall constitute covenants running with the land and shall be binding upon and inure to the benefit of GRANTOR and GRANTEE, respectively, and their respective heirs, executors, administrators, successors and assigns and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR'S chain of title. GRANTEE'S rights hereunder may be assigned in whole or in part to one or more assignees. The temporary construction easement granted herein shall include the right to excavate and till within the temporary construction easement, but GRANTEE shall replace any fences, buildings or other structures within the temporary construction easement without cost to GRANTOR, and shall restore the property which is subject to the temporary easement as closely as possible to its condition prior to entry thereon and shall pay for any additional damages resulting from such activities. GRAN ME may trim and cut down trees and shrubbery in connection with the construction, operation, repair, inspection, change, replacement, maintenance and removal of the FACILITIES, if necessary. However, within the temporary construction easement area described in Exh ibit "B ", GRANTEE shall make a good faith effort to avoid damage to or removal of any tree that measures eight inches or greater in diameter (said diameter being measured at 4.5 feet above the average surface of f_ \f1Jrs \s1 ake \1 ra \demcrk \condemna \decker \easamenf.fn4 Page 3 fu E the land around the tree). All measurements in diameter will be made by use of a caliper, an instrument used to treasure diameter and thickness. Any tree may be removed by the GRANTEE if the tree creates a definite safety hazard and /or precludes pipeline trench excavation. With respect to any live tree growing within the areas described in Exhibits "A" and "B ", which is removed by GRANTEE or damaged by GRAN ME to the extent it dies within one (1) year after final acceptance of the 11VI1'ROVEMENTS by Trinity River Authority, Trinity River Authority to, give written notice to Grantor of the acceptance date of the Improvements, GRANTEE shall replace each such removed or killed tree with a tree of equal diameter (said diameter being measured by using a caliper at one (1) foot above the root ball), provided that no such replacement tree shall exceed nine and one half (9 1/2) inches in diameter. In the event that any such removed or killed tree exceeds nine and one half (9 1/2) inches in diameter, GRAN'T'EE shall replace such tree with four trees that measure not less than 5 inches in diameter each but do not exceed 6 inches in diameter each. GRANTEE shall retain a qualified private landscaping tree nursery company to perform the tree replacement, and each replacement tree shall have at least a one -year warranty. After the tree warranties have expired, GRANTOR shall be totally responsible for the care and maintenance of the trees. Replacement trees shall be white or red oaks and planted within the temporary construction easement in planting locations specified by GRANTOR. GRANTEE shall cut hack to the nearest main limb or trunk, whichever is appropriate, all tree limbs that are cut, damaged, broken or frayed as a result of GRANTEE'S construction activities. Such limbs shall be removed with a clean cut, leaving no stub. All cut surfaces (including any tree trunks and /or limbs that are "scraped" by construction equipment) shall be painted by GRANTEE with black pruning paint within 30 days after CONTRACTOR'S backfiIling of the pipeline trench within GRANTOR'S property. ALL trees, limbs and shrubbery that are cut in accordance with the hereirtbefore described stipulations shall be totally removed from GRANTOR'S property by the GRANTEE in accordance with all federal, state, county and city ordinances, regulations and laws. At all times the utility line shall be used, operated and conducted in compliance with all applicable laws, statutes, rules and regulations of any governmental authority having jurisdiction and all environmental laws, statutes, rules and regulations of any federal, state or local authority at any time applicable to the Easement. Specifically, and without limiting the forgoing, GRAN'T'EE agrees that (1) no toxic hazardous substances shall be generated, treated, stored, disposed of or otherwise deposited or released in or on the Easement, (2) GRANTEE will not engage in any activity with respect to the l asenaent which would cause (a) the Easement or adjoining property of GRANTOR to become a hazardous waste P:\ files \slake \tra \dentcrk \cond.emna \decker \e,s menlln4 Page 4 0 i treatment, storage or disposal facility within the meaning of the Resources Conservation and Recovery Act of 1986 (RCRA), as now or hereafter amended, or any similar state law, local ordinance or other environmental law, (b) a release or a threatened release of a hazardous substance from or to the Easement or adjoining property or GRANTOR within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( CERCLA), as now or hereafter amended or any similar state law or local ordinance or any other environmental law, or (c) the discharge of pollutants or effluents into any water source or system or the discharge into the air of any emissions without a permit under the Federal Water Pollution Control Act or the Clean Air Act or any similar state or local ordinance or other environmental law; (3) GRANTEE shall not permit any substance or conditions in or on the Easement or the adjoining property of GRANTOR which might support a clai7n or cause of action under RCRA, CERCLA, or other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements. As used in this provision, the terms "hazardous substance" and "release" shall have the meaning specified in RCRA; provided that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any terms defined hereby, such amendments shall apply to GRANTEE'S covenants contained herein, and provided further to the extent that the laws of the State of Texas established a meaning for such terms which are broader than that specified in either CERCLA or RCRA, the broader meaning or definitions shall apply. Furthermore, as used in this provision, the term, "Remedial Work" is defined as any site investigation or monitoring, any cleanup, containment, remedial, removal, or restoration work performed in response to any federal, state or local governmental authority or private or general action, or pursuant to any federal, state or local statute, rule, regulation or other laws. GRANTEE agrees (1) to remove from the premises covered by this agreement, if, as, and when required by law, any Hazardous Substances (Materials) placed or released thereon by GRANTEE, (2) to perform Remedial Work where the need therefore is caused by and results from GRANTEE'S operations or activities on the premises, and (3) to comply in all respects with all federal, state and local governmental laws and regulations governing operations by GRANTEE and Remedial Work on or associated with the premises. Such Remedial Work shall be performed by one or more contractors selected by GRANTEE and approved in advance by GRANTOR., and under the supervision of a consulting engineer selected by GRANTEE and approved in advance by GRANTOR. All costs and expenses of Remedial Work caused by and resulting from GRANT'EE'S operations shall be paid by GRANTF_E, including, without limitation, the charges of such contractors and/or the consulting engineer, and GRANTOR'S reasonable attorney's fees and costs incurred in connection with the monitoring or review of Remedial Work. TO HAVE AND TO HOLD the above - described easement and right -of -way and rights appurtenant thereto unto GRANTOR, its successors and assigns, until said FACILITIES are declared permanently abandoned by GRANTEE, in which event said easement and right -of- way and rights appurtenant thereto shall cease and terminate and revert to GRANTOR and f. riles \slake \Ira \denicrk \condemn \decker \easemen[ &A Page 5 GRAN'TOR'S heirs, executors, administrators, successors and assigns. GRANTOR hereby binds GRANTOR, GRANTOR'S heirs, executors, administrators, successors and assigns to WARRANT and FOREVER DEFEND said easement and right- of-way and rights appurtenant thereto unto GRANTEE, its successors and assigns, against claims by, through or under GRANTOR but not otherwise. It is expressly understood that all rights, Conveyances or covenants are herein written, and no verbal agreements of any kind shall be binding or recognized or in any way modify this instrument of conveyance. EXECUTED this day of 1996. enda C. Decker - Chandler THE STATE OF TEXAS COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the above County and State, on this day personally appeared Rhonda C. Decker Chandler, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ,. r 1996. f: \files\ slake \Ira \dentcrk \condcmna \decker \c. �mett4..W GEORGIA SIMON Notary Pi&!c. Slate of 7e>ms i.. Mycomm.E'xe�i_s10 -45-97 Notary Public in and for the State of Texas Page 6 - rmanem ul:::re Easemer't D-2,5 i Pea Survey A -1015 = H3 -F+Joo N4 '°_1515-01 :61 Acres e : 1996 EXH181T "A' DENTON CREEK REGIONAL WASTENATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE III/SECTION ii PARCEL NO. 13 3EING A TEN -FOOT WIDE PERMANENT UTILITY EASEMENT SITUATED IN THE REMAINDER OF A TRACT OF -AND DESCRIBED IN DEED TO RHONDA C. DECKER - CHANDLER RECORDED IN VOLUME 1139, PAGE 5a0. or THE. DEED RECORDS OF DENTON COUNTY. TEXAS (DROCT). AND BEING SITUATED IN THE W. PEA SURVEY. ABSTRACT ND. 1045- TOWN OFTR.OPHY CLUB. DENTON COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COIytMEN(:JNG for reference at the northwest comer of said remainaer tract of land, same being the intersection of the east line of Precinct Line Rosa f a vartable width rfgnt- of-way) with the saute fine of State Highway 114 fa vaflable width right -0f+way); THENCE 5 0.2 34 W. along the west fine of said rarnauWer tract and the east fine of Precinct Line Rana, a aistande Df 15.74 feet to the POINT OF 8EWNNING. - HENCE S 71. 03'54 E. leaving said tine and txossfng said remainder 7a CL a acmnce of 17 90 feet to an angle point, HENCE S 89 01' 37 E. a atatance of 25.19 feet to an angle potnC -HENCE 5 65' 54'09 E. a 9istance of 219.81 feet to a odrnt in the east line of said remainder tract, same Doing a point • the west line of a 212-521 acre tract of land described in d eed to MTP -16M Phase 11 and lit Joint Venture and recorded • Volume 8995, Page 12811. DROCT. -HENCE S CO 30 15' E. along the east the of said remainder ❑act ano a west sine of said 232, 521 acre trac a distance :;f 10.91 feet to an angle point: , HENCE N 68' 54' 09' W feavang sasa comrnon line ana crossing saiu rematnuar tract. a distance of 222.02 feet to an angle point THENCE N 89' 04 W, a distance of 25.81 feet to an angle Pant: THENCE N 71" 03' 54` W. a distance at 16,55 feet to a point in the west line of said remainder tract and the east tine of Preanct Line Road: THENCE N 02' 34'46' E- alone the west fine at said remainder tract ana the east line of Prectntt Line Road- a distance vt 10.42 feat to the POINT OF BEGINNING arid containing 0 -081 acres of land or 2.540 square feet more or less. ,SUA,VEYQR'S CERTIFICATE TO ALL PARTIES tNTERESTFD IN TI TO THE FREMISES SURVEYED. t CO HERESY CERTIFY THAT THE ABOVE LEGAL 7ESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name -aoey H=tan & AsSeir ass Inc. 3y` Survevors Name -gin Surawenc,e Registerea Prafessianai Land Survevor, Texas No Date of Sufvev ^^_fccer +aa3 Q C:1 '" 7 AFTER RECORDING, RETURN TO: WAYNE K. OLSON FIELDING:, BARRETT R TAYLOR, L.L.P. 500 THROCKMORTON 3400 BANK ONE 7'0WER FORT WORTH, TEXAS 76102-3821 (817) 332 -25RO Filed for Record ins DENTON COUNTY, TX HONORABLE TIM HODOE$ /COUNTY CLERK on Se 04 199E At s12pm Doc /Num s 96- ROOG1617 Doc /Type a EAS Recordings 21.00 Doc /Mgmt : 6.00 Receipt N1 27759 Deputy - Cheryl SCANNED DOCUMENTS Easement A reement Name of Pro'ect• DCRWS- Denton Creek Pressure System Phase III DC002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor & Meter Station PrQLct Subsystem # DC002 Parcel # I L 4 Unique. Identifier Number: DC002- ) 4 tl J 1 ' OU "tt -I I 1 . , „I 4285 01377 EASEMENT AND RIGHT -OF -WAY (INCLUDING TEMPORARY EASSMENT FOR CONSTRUCTION) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT THAT MTP•1BM Phase II and III Joint Venture, a Texas general partnership (GRANTOR) for and In consideration of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable consideration to GRANTOR In hand paid by the GRANTEE, the CITY OF SOUTHLAKE with its principal once at 667 North Carroll Avenue, Southlake, Tarrant County, Taxes 76092, the moelpt of which by GRAWOR Is hereby acknowledged, has granted and conveyed, and does by these presents grant and convey, unto CITY, Its successors and assigns, an easement and right-of-way to lay, construct, Inspect, operate, maintain, repair, replace, change, add and/or remove a sanitary sewer utility line with ail Incidental equipment and appurtenances, and the hereinafter described erosion control improvements (IMPROVEMENTS), (alt items associated with the sanitary sewer Ilne(s) and IMPROVEMENTS collectively hereinafter called FACILITIES), In, on, over, through, underand across that certain land situated in Tarrant County and Denton County. Texas, more particularly descrfbod in Exhibit A of Parcel No, 14, attached hereto and made a part hereof; together with: the right of reasonable Ingress and egress across GRANTOR'$ remaining land, where necessary, to and from the above - described tract (but such access shall only be through areas designated by GRANTOR), for the purposes of laying, constructing, Inspecting, operating, maintaining, repairing, replacing, adding, changing and/or removing said FACILITIES; and a temporary construction easement, as described In Exhibit a of Parcel No. 14, attached hereto and made a part hereof, to use In connection with the construction of said Initial FACILITIES, said temporary construction easement to expire upon comptellon of construction and acceptance by CITY of said Initial FACILITIES. There Is Included in this grant the right at any time In the future to ley, construct, maintain, Inspect, operate, repair, replace, change, add and/or remove an additional line of pipe for sanitary sewage approximately parallel with the first pipeline laid by CiTY hereunder, so long as sold future line Is wlthln the confines of the motes and bounds description contained In Wlbh A of Parcel No, 14. For erosion control purposes, the easement rights granted and conveyed herein to CITY shall also Include the right at any time In the future to construct, Inspect, operate, maintain, ropelr, replace, change, add and/or remove concrete, rock rip rep or other forms of IMPROVEMENTS to protect CITY'S exleting and future sanitary sewer pipelines located within or adjacent to creeks, gullies and other natural or man-made water drainage courses located within the land area described In Exhibit A of Parcel No. 14. The need for and design of any IMPROVEMENTS are solely within the CITY'S control and discretion. The IMPROVEMENTS shalt be constructed within the hlgh -flow boundaries of said water dralnege cours". Th e CITY, at Ils discretion, may grade and slope the banks or walla of the water drainage Courses to facilitate the IMPROVEMENTS' design and Integrity. The physical limits of the IMPROVEMENTS shall be entirely confined to the area described In Exhibit A of Parcel No. 14. GRANTOR acknowtedges that the consideration paid by CITY Is full and final payment for all rights conveyed herein. I . GRANTOR, GRANTOR'S successors and assigns, may fully use and enjoy said premises encumbered by said easement, except that such use and enjoyment shall not hinder, conflict or Interfere with the exerdsie of CITY'S rights hereunder and no building, structure or reservoir shalt be constructed upo6, under or across the right- of-way and easement herein granted without CITY'S written consent; provided further, GRANTOR, GRANTOR'S, successors and assigns, may construct, dedicate and maintain across said easement and right- of-way such roads, paved parfsing areas, alleys, utility lines, landscaping and fences as will not interfere with the use by CITY of said easement and right-of-way for the purposba aforesaid. Grantee, City of Southlake, agrees that, in the construction, maintenance and operation of arty facilities by or for Grantee within tha land or premises as defined above, no hazardous materiels or hazardous substances, as defined under applicable federal, state, or local law, as such laws now or hereinafter exlst, shall be used, stored, generated, released or disposed of In violation of such applicable low, and It such violation occurs, the Grantee, City of Southlake, shall be solely responsible for any cleanup, remedlation, removal or restoration mandated by applicable law; Grantor shall have the right to reasonably approve any method of remediallon to the extent such remedletlon involves land owned by Grantee, Its successors and assigns. CITY may trim and cut down or remove tress and shrubbery In connection with the construction, Inspection, operation, maintenance, repair, replacament, change, addltlon and/or removal of said FACILITIES, If necessary. CITY shall clean tip and remove all Irash and debris, repair and re Ifit fences and repair other damages caused by said Construction. R e TRUE AND CpRAECTOOPYpf ORIGINAL RECORD FILED IN + ; TA NTCOUNTY. E SU NE HFN 4N N CL K atG uN 4285 01378 The easement rights and privllegas herein granted shalt be perpetual, and said rights shall constitute covenants running with the land and shall be binding upon and Inure to the benefit of GRANTOR and CITY, respectively, and their respective, successors and assigns, CITYS and GRANTOR'S rights hereunder may be assigned In whole or In pail to one or more assignees, TO HAVE AND TO HOLD the above - described easement and right-of-way and rights appurtenant (hereto unto CITY, Its successors and assigns, until said FACILITIES are declared permanently abandoned by CITY, in which event said easement and right -of -way and rights appurtenant thereto shall cease and terminate and revert to GRANTOR and GRANT'OR'S, successors and assigns. GRANTOR hereby binds GRANTOR, GRANTOR'S, successors end assigns to WARRANT and FOREVER DEFEND sold easement and right-of-way and rights appurtenant thereto unto CITY, Its successors, assigns, against every person whomsoever lawfully claiming, or to claim, the some of any part thereof by, through or under GRANTOR, but not otherwise, subject to the exceptions set forth below, This grant of an easement is made expressly subject to (1) any and all easements, rights- of-way, restrictions, liens, and/or encumbrances of any kind that are fited of record In the Tarrant County Real Property Records and/or the Denton County Real Property Records or which an on- the - ground Inspection would reveal, and 0 1) any encroachments, protrusions, taxes for 1985 and subsequent years, and/or zoning, platting or other govemmental requirements that affect the land. It Is expressly understood that all rights, conveyances or covenants are herein written, and no verbal agreements of any kind shall be binding or recognized or in any way modify this Instalment of conveyance. EXECUTED (his day of O'c&mu�_ MTP -i8M Phase 11 and ill Joint Venture, a Texas general partnership By: Maguire/Thomas Partners- Dellas, Ltd., a California limited partnership, general partner By: Mag Ire/Thomes Partners, Inc., a / Calif mla corporation, / partner Name: Its: By: I Intemationat eustness Machines Corporation, a Now York corpomilon general pa 9y' J I MC 0(z/ I Name: Its, d 171r @ct+3r, • finance, invo5 #rn @ilia IBM flea/ Estate 5ervlces TRUE ANDOOMECT COPY OFF OFItOINAL RECORD F14ED IN TAARANT MNTY, 7ExAti SUTANN @AFC By oopo11 4285 01379 ACKNOWLEDGEMENT State of New Yok J. R. Mayo County of u �_ Director, rinance, Invest lentS This Instrument was acknowledged before me on by & Assot Management w' S of International Business Machines Corpo on, on ahalf of aaid torpor o and the corporation acknowtedged this Instrument as partner on behalf of MTP -18M Ph$. qjjI Joint Venture, a partnership. �� ,�,�,�, :dam ;�•y �v NotarlPublic State of Na EF PgublIC state o1 NewYa+% f`.. NOLEGEMENT t ACKNOWLEDGEMENT NQterY�e o2bU401834x 0uatlfled to waetohester Ca mbar 30,1 0,1 a . Comm��lvnE><PI1$4Nove ' State of County of This Instrument was acknowledged before me on 9( by o Grf F , ; G, who Is a K&_ F I of Maguire/Thvmas Partners, Inc., a California corporatia , general partn r o Magulre/Thornae Partners - Dallas, Ltd., a California limited partnership, general partner of MTP -IBM Phase It and Ili Joint Venture, a Texas general partnership, as the act of said corporation In Its capacity as general partner of said limited partnership In its capacity as general partner of sold general partnership, on behalf of said general partnership. JA"t.TAYLOR GOh1AA 1 " r 1rGfaYRiWe�Cpirgni�7 r,OS ANa9p tX,ylIMY rApCetnm. E�YMApR24.194E: TRUE AND CORRECT OOPY OF (IMINAC RECORD FILM IN 7 TARRANT COUNTY, TE1MS: SUS+ANN By 4285 01380 Permanent Utiftty Easement William pea Surrey, Abstract no. 1045 J. Henry Survey, Abstract No, $29 W. ✓wledlln Survey, Abstrct No. 1568 W. Medlin Surrey, Abstract No, 1958 C.M. Throop Survey, Abstract No. 1510 1.594 Acres EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE 11VISECTION I PARCEL, NO. 14 FN D-2730 EHBA Job No. 19158 -01 December 14,199S BEING A VARIABLE tWOTH PERMANENT UTILITY EASEMENT SITUATED IN THE REMAINDER OF A CALLED 232.021•ACRE TRACT OF LAUD DESCRIBED IN DEED TO MTP -IBM PHASE 11 AND III JOINT VENTURE AS RECORDED IN VOLUME 8995, PAGE 1298, OF THE DEED RECORDS OF TARRANT COUNTY, TFYAS (ORTCT), AND S EWO SITUATED IN THE WfLLtAM PEA SURVEY, ABSTRACT NO. 1046. THE J. HENRY SURVEY, ABSTRACT NO. 529, THE W. MEDLIN SURVEY, ABSTRACT NO, 1685, THE W. MEDLIN SURVEY, ABSTRACT NO. 1958. AND THE C.M. THROOP SURVEY, ABSTRACT NO. 1610, DENTON COUNTY AND TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE POINT OF BEGINNING [s for reference at the northwest Comer of the remainder of sold 232.821 -acra tract of land, some being the northeast corner of a remainder tract of land deeded to Rhonda C. Oecker- Chandtor as recorded In Volume 1138, Page 680 of the Coed Records of Denton County, Texas and being In the south right of way Nis of 81ata Highway 114 (Variobta width as wWaned) from which point a TxDOT disk bears N 35' 57' 19" !E, a distance of 0.39 feet, THENOS S 83" 04' SV E with the lines common to 237.921 acre tract and State Highway 114, a distance of 70.00 feet, THENCE crossing said 231921 acre parcel the following seventeen (18) courses and dMances: (1) 8 28.65'01 " W. a distance of 15.00 feet, (2) 8 83° 04' S9" E, a distance of 134.89 feat, (3) 8 49 15'49" S. a distance of 108.77 feat, (4) SW 03'84" E, a &lance of 104.18 feet, (5) 3 80' S4' OW E, a distance of 228.55 foot. (8) S 29" 05'09'E. a distance of 38.36 feet, (7) B 18 SW 06'W, a distance of 23.32 feet, (8) 8 71 03'64' E. partta4y with the south right of way line of Highway 114, it distance of 150.00 feet, (8) N 18° 50' 08" E, a distance of 24.37 foot, (10) N 60" 06' 49" F. a distance of 49.99 fool, (11) ( (t3) (14) (15) 0 r ! ( (17) S 71 1 03'54"E. a distance of 248.80 feet, S 77" 2V 29' E, a distance of 746.72 feet, S 71 ° d3' 64' E, a distance of 1441.00 feet, 982° 34' 4r 3, a dbtanco of 403.23 feet to the Walaning of a circularcurva to the right having a radius of 2094.79 feet, Along said curve to the right an arc distance of 391.27 feet, through a central angle of 08' IV 08" and having a chord which boars S 58 26'08* E, a distence of 390,82 feet, S 54 15'34' E. a distance of 400.30 feet, 8 04' 20'13' E, a distance of 55,87 foot, and TRUE ANDCORRECTCOPYOF ORIGINAL RECORD PILEO IN TARRANTCOUNtY, TEW: SUZANNEHENOERSON. COUNTY CLERK Page 1 of 3 4285 01361 Permanent Wily Easement FN U-2738 EHBA Job William Pea Survey, Abstract no. 1045 1 5 085 5 0 J. Henry Survey, Abstract No. 529 December er 14 4,10 W. Medlin Survey, Abstrct No. 1586 W. Medlin Survey, Abstract No. 1055 C.M. Throop Surrey. Abstract No. 1510 1,584 Acres (t E) S 36° 09' 25" E. a dstance of 81;03 feet to a point In the south Una of said 232.921 -acre tract. same being /Southlake Park AddMon Number 1, an addition to Tarrant County recorded in the north lino of Westlake In Volume 3B8. Page 214, of the Map Records of Tairent County, Torras'. THENCE S 89 59' 46' W, along the south line of said 23'2.9211 -acre tract and the north line of said addition, a distance of 18.58 fask THENCE leaving saki common One and crossing sold 232.921 -acre tract the foitawing seventeen (17) courses and distances. (1) N 38 09' 25" E. a distance of 68.31 foot, (2) N 64° 2W 13' W. a dWanoe of 53.93 fast, (3) N 54° 15' 34' W. a distance of 401.89 feet to the beginning of a circular cure to the left h"9 d radlus of 2879.79 feet, (4) Alon Wd Curve to the 2 f oot. thr of 388 8 * 75 foot, lY S" e d having a chard which boars N $8 ° OB" We stance (5) N 62 34' 42" W. a dlstanoo of 402.11 foot, (6) N 71' 03' 64" W, a distance of 1439.95 feet. m N 77 2t1' 29" W. a distance of 7416.72 teat, (8) N 71 ° 03 W. a dWance of 242.62 feet, (9) 8 60 49" W, a distance of 37.64 feet, (10) 9 1a° 56' 06" W. a distance of 29.74 feet, (11) N 71 ° 03' 54" W. a distance of 150,00 fast, (12) N 18° 58' oe" 2, a distance of 26.64 feat, (13) N 28 05' 0l3" W. a distance of 24,38 feet. (14) N 80 54'06" W, a distance of 272.56 foot. (15) N-71 * 03' 64' W. a distance of 106.36 foot, (16) N 49 15' 49" W, a distance of 109.85 fool, and (17) N 63' 0* 59" W. a distance of 12526 feet to a paint in the west line of aald 232.921 -acre tm4 and In the east Tina of said Oeckar- Chandler tract; ` TRUE ANDCORRECT COPY OF ORIGINAL RECORD FILED IN TARMNT COUNTY, TEXAS: SUZANNE � .COIINTYCLERIC D By & 0 Page 2 of 3 Permanent Willy Easement William Pea Survey. Abstract no. 1045 J. Henry Survey, Abatsoct No, 529 W, Medlin Survey, Abstrct No, 1508 W. Medlin Surrey, Abstract No. 1958 C.M. Throop Survey, Abstract No. 1514 1.584 Acres I 4285 01382 FN 0.2738 EFIdA Ja b No, 16156 -0 i Vacember 14, 1995 THENCE NOD 3W 16'W, along the west Lire of said 232.921 -acre tract and the east line of sold Oecker- Chandler tract, a dManc a of 33.80 to the POINT OF BEGWNWO and containing 1.594 acres of land or 69,448 square feat, more or less. GUENEYOR'S CERTIFICATE TOAL.L PARTIES INTERESTED IN TITLE TO THE PREMW S SURVIVED, t DO HEPti=L3Y CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THl? GROUND AND THAT SAME IS TRUE AND CORRECT. Company Na 0. 99]G kj99 nP b A §4oMes Inc, - - - zz - SurvayoesName; - JohrrE.WIjer Reolstared Professional Lend Surveyor, Texas No. _ 128S hate of Survey: , OcloberA 993 , ' TR UE: AND CORRECT COPY op CRWVAL M0Cgn FILEC (N TAR ANFHENG�SO AS. COUNIYCLERK @Y Page 3 of 3 09rwry Tomporary Construction Easement William Pea Surrey, Abstract No. 1045 J. Henry Survey, Abstract No. 529 W. Mod lln Survey, Abstract No, 1588 W. Medlin Survey, Abstract No. 1958 C.M. Throop Survey, Abstract No. 1510 7.839 Acres 4285 01383 FN 0.2736 EH&AJob No. 16150 -01 December 14, 199S EXHIBIT "S" DENTON CRtEfEKREGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE IIVSECTION I PARCEL_ NO. 14 BEING A VARIA13LE WIDTH TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE REMAINDER OF A CALLED 232,921-ACRE TRACT OF LAND DESCRIBED IN DEED TO MTP•IBM PHASE 11 AND III JOINT VENTURE AS RECORDED IN VOLUME 8995, PAGE 1166, OF TH E DEED RECORDS OF TARRANT COUNTY, TEXAS (ORTCT), AND BEING SITUATED IN THE WILLIAM PEA SURVEY, ABSTRACT N0. 1045, THE J, HENRY SURVEY, ABSTRACT NO. 529, THE W. MEDLIN SURVEY, ABSTRACT NO. 1683. THE W. MEDLIN SURVEY, ABSTRACT NO. 1950, AND THE C,M. THROOP SURVEY, ABSTRACT NO. 1$10, DENTON COUNTY AND TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at the norlhwastcomer of the rsmalnder of said 232.921 -acto tract of land, same being the northeastcomer of rematndertract of fend deeded to Rhonda C, Deckor•Chandfer as recorded In Volume 1139, Page SOO of the Deed Records of Denton County, Texas and being in the south rlghtofway Ilse of State Highway 114 (variable width as widened) from which point a found TxDOT disk bears N 35° S7' 18" E, a distance of 0.36 feet THENCE along the south right of way of State Highway 114 the fallowing seventeen (17) courses and dislances. (1) S 83° 04' SW E, a distance of 144.46 feet, from which a found TxOOT disk beers N 31 ° 13'58" E. a distance of 0.30 feat+ (2) S 49 1 15 1 49" E. a distance of 107.70 feat, from which a found TxDOT disk bears N 15° STOW W. a distance of 0.64 feet; (3) S 71 ° 03' 54" E, a distance of 100.00 feet, from which a found TxDOT disk beers N 00 47' 63" E. a distance of 0.44 feet; (4) S 00 54' 06" E, a dlstanco of 234.55 feet, from wNch a found TxDOT disk bears N 18" 27' OD" E, a distance of 0.61 feel: (5) S 29 05' 09" E. a distance of 52.33 feat, from which a found TxDOT disk bears N 19" 68' 34" E. a distance at 0.44 feel: (0) S IS* 56' 08" W, a distance of 30.00 feet, from which a found TxDOT disk bears N 10 28' 25' E. a distance of 0.37 feel; (7) S 71 ° 03' 54" E, a distance of 120.00 feet, from which a found TxDOT disk bears N 23 14'31 " E. a distance of 0.60 feet; (0) N la° SS' Oa' E, a distance of 30.00 feet, from which a found TxDOT disk bears N 18° 23' 45" E, a distance. of 0.80 feet (9) N 80 05'4V E. a distance of 62,43 foot, from which a found TxDOT disk bears N 20 40' 15" E a, distance of 0.49 feet; (10) S 71 D3' 54" E. a dWence of 254,57 feet, from which a found TxDOT disk bears N 08° or 31" E, a distance of 0.63 feet; (11) S 77 20' 29" E. a distance of 748.72 feel, from which a found TxDOT disk bears N 18° 59' 19" E. a distance of 0.13 feet; (12) 8 71 03'54" E, a distance of 1443,85 feet, to a found TxDOT disk; (13) S 62 34 a distance of 404.34 feat to the beginning of a circular curve to the right having a radius of 2109.79 feet, a +`` a2,yF n TRUE AND CORRECT COPY OP ORIGWAL RECORD F1lEO )N TARRANT COUNTY, Tem. SUZA NNE HENDERSON, COUNTY CLERK eY deputy Page 1 of 3 4285 0138+ Temporary Construction Easement FN 0.2739 Wiliam pee Survey, Abstract No. 1045 EHBA Job No. is158.0f J. Henry Survey, Abstract No. 529 0ecamher 14,1988 W. Modtin Survey, Abstract No, 1589 W. Medlin Survey, Abstract No. 1056 C.M. Throop Survey, Abstract No. 1510 1.839 Acres (14) Along said curve to the right an Oro distance of 393.45 lost through a central angle of ' 00" 113' 08' and having a chord which bears 3 58° 25'08" E, a distance of 393.10 (oot; (15) S 54' 15' 34' E. a distance of 399.24 foot, from which a found TxDOT ON boars 8 89 52` E, a distance 01 0.17 root; (1@) 8 84" 20'13' E, a distance of $8.55 feet to the beginning of a circular curve to the right having a radius of 2754.79 feet, and (17) Along sold curve to the right an aro distance of 107.27 feet, through a central angle of 02' 13'62' and having a chord which beam 3 43 15' 10' E, a distance of 10710 feet to the southeast comerof said 232.s21 -acrs tract, same being the northeast corner of Wastlake/Southlake park Addition Number 1, an addition to Tarrant County recorded in Volume 386, page 214, of the Map Records of Tarrant Counter, Texas; THENCE S 89" 58' 49" W, along the south Ilea of said 232.02t•aere tract and the north line of said addition, a distance of 128.70 feet; THENCE leaving sail common one and crossing Bald 232,921•scra tract the following RReen 05) courses and dlslances: (1) N 38° 09'25 W, a distance of 7.41 feet, (2) N 84° 20' t3" W, a distance of 43.70 feat, (3) N 54' 16'U* W. a distance of 407.11 feetto the beginning of a clroular curve to the loft having a radius of 2618.78 foot, (4) Along said curve to the left an aro distance of 380.38 feet, through a central angle of 08" 19' 08" and havlag a chord which bears N 59' 25' 08"W, a distance of 380.05 feet, (5) N 62° 34' 42" W. a distanco of 397.68 feet, (8) N 71" CS' 84" W, a distance of 1432.18 feet, (7) N 77' 28' 20" W. a fiance of 740.72 fact, (8) N 71 ° 03'64" W, a distance of 21D.08 feel, (0) 818° 58' Ott' W. a distance of 57.00 foot, (10) N 71" 02'64' W, a distance of 300.00 four, {11) N 18' S8' 08" E. a distance of 34.80 feet, (12) N 80' 54' Q8' W, a df5tance of 174.63 feet, (13) N71 03' 54" W, a distance of 125.08 feat, (14) N 49' 15'46* W. a distance of 114.13 feet, and (15) N 03 04'5V W. a d ista nce of $188 foot to a point in the Waal line of a" 232.921 -acre tract and In tit east line a /sald Decker - Chandler tract; TnUE AW CORRECT Copy OF OFMNAI RECORD FILED IN TARRANT COUNry TEM: spa �►' SUZANNE HENDERSON, C( Nricum OY D w, Page 2 of 3 4285 01385 Temporary Conatruo8on Easement FN D -2738 Wllllam Pee Surrey, Abstract N9. '104S EFidA Job No. 16158-01 J. Henry Surrey, Abstract No. 529 13ecember 14, 1995 W. Medlin Surrey, Abstract No. 1588 W. Medlin Survey, Abstract No. 1958 C.M. Throop Sunray, Abstract No. 1510 7.839 Acres THENCE NOD W 15'W, along the west fine of sold 232.821 -acre tract and the goal line of sold Decker - Chandler tract, a distance of 101.39 feotto the POINT OF BEGINNING and containing 9.433 acres or 410,911 square feet of which 1.594 acres or 69,448 squaro feollecontalnedln PennanentUt9ty Easement Exhlblt "A" for a net area of 7.838 acres or 341,485 square feet. SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TMX TO THE PREMISES SURVEYED, 1 DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPAREID FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAN IE 19 TRUE AND CORRECT. Company Name; Espey. Huston & Assoclelos. Inc. '. V'j �-- ,�- Surveyoeo Nome. John F. Wilder Registered Professional Land Surveyor, Taxes No. 4285 Date of funny October, 1993 i TRUE ANO CORRECT COPY OF A owiNAL REWRD KHO IN TARRW 00UNTY. TE%ASt 's ms s* SaMNIN&NDPOON COUNTY CLERK ay ..ilLdfL - NDuH Page 3 of 3 $uRvEY: PEA 1045,HENRY 529.MEDI,IN 1858,4 LOCATION: DENTON COUNTY 8 TARRANT COUNT EASEMENT ACQUISITION::`A" 1.594 AC. 69446 SO WHOLE PROPERTY ACREAGE; 204.762 AC. FHD TKOOT DISC. N 16'5919• E 0.13 PLAT OF EXHIBIT "A" & "B" o DETAIL2 1" 100' n a� w I5' s rs EsetT 110L 3146, Pa 345 OR.o.cT. FN0 I ml Disc FRO, TxDOT 0130 N 06'OT L 0 B7' N 24Y613 { 0.46 PHO TxOOT OISC N 1874'46' E A.es \ \ \\ • ,f. HENRY SURVEY ABSTRACT N0. 529 DLTAILI 1 = 100' � gjcH (NO Mot Disc T lNF ? 1Dvt1.INT1V41" i:;iu 'A' xXA FND TxW'1 OISC p N 2314'1T` [ f ExN911 PROPOUD MA f ft� 7 D �. P[AYARE1fT UTUNJri [ASEMMCNT rNO T x oo T Di jk � ' WILLIAM PEA SURVEY FNO MOT DISC ABSTRACT NQ. 1045 N 1978'34" E , 0.44' . IP ExNItuT • 0` FHD TWT DISC PROPOSED M 18'43'00' E TEUPMARY ca+5lau Fe 0.61' Ar EASEUENT A 0 r. a' IND Tx00T DNS p 2f N 00'47'39 E fi a C) FhD MOT DISC a N 1553'48' M 0.04' T 0£�S.0 � N 3113'5a' 0 1J s tiry .? . w - } ��1 - -- � : POB 4� 48 � • iN0 TxDDT Disc ✓Ifx DLTI)Lf H 358Ye9' E MTP -IRM PHASE 11 AND VENTURE au VOL. 6995, PG. 12+58 POS 'A (CALLED 232.921 AC.) DATED 3 -17 -87 RHONDA C. D.R.T.C.T. DECKER- CHANDLER FND 14007 DIS VOL. 1139. P0. 580 N I6'59'16' E .Mq rCM (REMAINDER PARCEL) 1lNf F D.R.O.C.T. PAGE 1 OF 3 lla a110a I k OF j . lti � �"Ta Anon 06, Inc. V 6 0hn � 20 � Cnpin4ulny d CnvlronmeMol Consullools { r4 ..� }.el . Wilder R, P.L.S. 4285 eo A rd-alt sq,► velve. s vllo 2 ao Car,o,, r... 7. p0j) aer..orrF JOHN F. WILDER L. bit ..... ....4.L.S, .. PREPARED BY GC SCALE: 1' = 204' '9' �+., CHECKED BY 1w DATE 10/16/95 E.M. & A. JOB /7RAC 16156/14 -1 pup 1IMMS 1Dvt1.INT1V41" i:;iu DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE m \SECTION I xXA 1' 7.839 AC. 341465 SO. FT. MA f ft� 7 PARCEL NO. 14 CITY OF 50UTHLAKE 667 NORTH CARROL AVENUE SOUTWAKE. TEXAS 76492 4285 01387 PEA 1045,HENRY 529.MEOLIN 1858.INEOLIN 1598,(HR YN: DENTdN COUNTY & iARRANT COUNTY, TEXAS NT ACQUISOION:'A" 1.594 AC. 69446 S0. iT. "9" 7.839 PROPERTY ACREAGE: 204362 AC, PLAT OF EXHIBIT "A° & "B" )OR 1510 DENTON CREEK REGIONAL WASTEWATER SYSTEM AC. 341465 50.T:T. DENT4N CREEK PRESSURE SYSTEM PHASE III \SECTION I CITY OF SOUTHLAKE 6 $7 NORTH CARROL AVENUE SOUIHLAKE, TEXAS 76492 rI FN9 Tk001 DISC " F ^ S 69'4652' E 1 749 136 � � a a CL � y - 1V PRQPOSEIf o R ai PftDP6SED TEMPDRART CONSTRUCTION O y PERMAKINT UTMIATY EASEMENT Wp EAUMENT I 4 O F b Lo 3 Co �} FRO bN01 d9C .s to - $ .. t 4 00 ' m ° Ln M1P-19M PHASE 11 AND RI JOINT VENTURE VOL. 6995. PC. 1268 7 (CALLED 232.921 AC.) � 0 DATED 3 -17 -07 to D, R. T.C.T. (A M (D I C.M. THROOP SURVEY I o ABSTRACT NO. 1510 DENTON COUNTY ill � TARRANT COUNTY J. HENRY SURVEY ABSTRACT NO. 529 +h AGE 2 of 3 caper. ti1.•�;is`IT- t fiq — °j A11fMlT6 /ff. =OQ. folvlronm*001 ConsullonJS 1ta11f� �.1J [� & Orlv.. .7o f0900 Aloe! /ar! Sulto ? JohT1 l=�Wildet R.S. 42 e...wa.uu.► +•. ,,• oonoR. r.xo, >•stao «ra) sea -o»l PREPARED BY GC CHECKED BY Jw SCALE: ' I 20 J`U-�� DATE tgZ16195 E.H. & A. JOB /TRACT 16156114 -2 PM40 FROM w6+c RICaR6s F LOU- W-ua S11RV£Yr PEA f045,HENRY 529.MEOL(N t856,MEOLIN 1598,THROOT' 11510 DEN TON CREEK REGIONAL LOCATION: DENTON COUNTY & TARRANT COUNTY, TEXAS WASTEWATER SYSTEM EASEMENT ACOUISIIION; "A" 1,594 AC. 69445 S4, FT. "B" 7.839 AC. 341465 ;Q. FT. OENTCN CREEK PRESSURE SYSTEM WHO LE PROPERTY ACREAGE: 204.762 AC. PHASE III \SECTION I PLAT OF EXHIBI "A & .1811 PARCEL NO. 14 CITY OF SOUTHIAKE TI N 63 W 70.00' T41 N 18'58'08" E 34.80' 687 NORTH c EXAS AVEN T2 S 63'04'59" E 72.64' T42 N 80"34'05' W 174.83' ' 692 SOUTHLAHE. TEXAS 76x92 T 5 4915'49" E 118.77' T43 N 111*03'54" W 125.08' T4 S 71'3'54" E 104.18' T44 N 49'15'49" W 114.13' TS S 80'54'06' E 226.55' T45 N 63'04'59" W 86.66' T6 S 29)05'09" E 38..16' 146 N 00'30'15" w 101.3x' T7 5 18'56'06" W 23.32' T47 S 36'09'25" E 81.43' 1`8 S 71 E 150,00' T48 N 36'09'25' W 66.31' T9 N 18'56'06" E 24.37' T49 N 36'09'25" W 7,41' T10 N 60'05'49" E 49.99' T50 N 2655'01" E 15.00' Ttt S 71 E 248.60' T12 S 64'20'13" E 55.97' T13 S 89 W 18.58' T14 N 64'2013' W 53.53' Cl T15 N 71'03'54' W 242.62' Radlus - 2694.79 Delta . 0819'08" TI6 S 60 W 37.54' ArC a 391.27 T17 S 18'56'06' W 28.74' C 3 C.B . 58 . � S 58'25'08' E T18 N 71'03'54' W 180.00' T19 N 16'58'06" E 26.64' T20 N 29'05'09' W 24.39' NO C2 T21 N 60'54'08" W 222.56 NO C3 MAP O W"M PRCPERrr A NO TAKING T22 N 71'03'54" W 108,36` T23 N 49'15;49' W 109.85' C4 724 N 63 '04'59" W 125.26' Radlus - 2679.79 Delta a 0899'08" NO C7 T25 N 00'30'15" W 33,80' Are a 389.09 T26 S 63'04'59' E 144,46' Ch. 388.75 C.$. n N 5875'08' W T27 S 491549" E 107,70' C9 Radius - 2619.79 T28 5 71'3'54" E 100.00' C5 Delta = 08'19'08" T29 S 80'54'06" E 234,55' Radlus o 2709.79 Delta - 0819'08" Arc 380.38 Ch, 'm 380.05 T30 S 29'05'09" E 52,33' Arc 393.45 C.O. N 58'25'08' W T31 S 18'56'08" W 30.00' Ch. 393.10 C.B. S 58'25'08" E T32 S 71'03'54" E 120.00' T33 N IBU'06" E 30.00' C6 Radlus o 2754.78 T34 N 60'05'49" E 62.43' Delta - 02'13'52" T35 S 71'03'54" E 254.57' Arc . 107.27 Ch. - 107,26 T33 S 84'20'13" E 56.55' C.B. = S 43'15'10" E T37 S 89'59'46" IN 126.78' T38 N 64 w 43.76' 139 N 71'03'54" W - T40 S 18'58 W 210,68 57.00' .�.+,, . n .TF1U£ANDCOHRECTCQPYOF � � OA101NAL RECORD FILED IN r 7 TA9RANTC£WNTY,TCXk9: SUZANR EHENOER SON. COUNTYCLERK BY � L_ .-� DapuN 3 OF 3 AaatP>e IY G 6 Englnr�riny ee [nvrronm�nrol A�r4d�t�11. ftl. Conouuarfs � � � r.e{ N .r.r•....�u� •fa JOHN F. WILDER John Frzide 4285 I BCD Aronl /or! drive, Scolrr 2J0 0011/0:. rs xa' 7.5 !a►4l asp -0»r ...�.. u..r uu.Hto fee PREPARED BY CHECKED BY Gq ,lw SCALE: 1" = 200' GATE 10/16/95 E.H. & A. JOB /TRACT 16156/14 -3 4265 01391 for DE# CgUMTYcnTX ins CYHTHIR pIITCHLLo COUNTY CLERK OnAtFei134 999 pr D,, /Hum 99- R89184p6 DecIT Recor y n 33 EAS d g� .99 Doc /Boot 0 6 Recni t 01 Deputy - MARY SCANNED DOCUMENTS Easement_ Agreement Name of Proect: DCRWS- Denton Creek Pressure System Phase III,, DC002- Section I DC003- Section II DC004- Section III DC00S- Kirkwood Branch Interceptor & Meter Station Proiect Subsystem # DC002 Parcel # Unique Identifier Number: DC002- I � EASEMENT AND RIGHT -OF -WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT Maquire/Thomas Partners - Westlake /Southlake Partnership, a Texas general partnership (GRANTOR) for and in consideration of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by the GRANTEE, the CITY OF SOUTHLAKE with its principal office at 667 North Carroll Avenue, Southlake, Tarrant County, Texas 76092, the receipt of which by GRANTOR is hereby acknowledged, has granted and conveyed, and does by these presents grant and convey, unto CITY, its successors and assigns, an easement and right -of -way to lay, construct, inspect, operate, maintain, repair, replace, change, add andlor remove a sanitary sewer utility line with all incidental equipment and appurtenances, and the hereinafter described erosion control improvements ( IMPROVEMENTS), (all items associated with the sanitary sewer line(s) and IMPROVEMENTS collectively hereinafter called FACILITIES), in, on, over, through, under and across that certain land situated in Tarrant County, Texas, more particularly descibed in Exhibit A of Parcel No. 16, attached hereto and made a part hereof; together with: the right of reasonable ingress and egress across GRANTOR'S remaining land, where necessary, to and from the above - described tract (but such access shall only be through areas designated by GRANTOR), for the purposes of laying, construi ki V, inspecting, operating, maintaining, repairing, replacing, adding, changing and/or removing said FACILITIES; and a temporary construction easement, as described in Exhibit B of Parcel No_ 16, attached hereto and made a part hereof, to use in connection with the construction of said initial FACILITIES, said temporary construction easement to expire upon completion of construction and acceptance by CITY of said initial FACILITIES. There is included in this grant the right at any time in the future to lay, construct, maintain, inspect, operate, repair, replace, change, add andlor remove an additional line of pipe for sanitary sewage approximately parallel with the first pipeline laid by CITY hereunder, so long as said future line is within the confines of the metes and bounds description contained in Exhibit A of Parcel No. 16. For erosion control purposes, the easement rights granted and conveyed herein to CITY shall also include the right at any time in the future to construct, inspect, operate, maintain, repair, replace, change, add andlor remove concrete, rock rip rap or other forms of IMPROVEMENTS to protect CITY'S existing and future sanitary sewer pipelines located within or adjacent to creeks, gullies and other natural or man -made water drainage courses located within the land area described in Exhibit A of Parcel No_ 16. The need for and design of any IMPROVEMENTS are solely within the CITY'S control and discretion. The IMPROVEMENTS shall be constructed within the high -flow boundaries of said water drainage courses. The CITY, at its discretion, may grade and slope the banks or walls of the water drainage courses to facilitate the IMPROVEMENTS' design and integrity. The physical limits of the IMPROVEMENTS shall be entirely confined to the area described in Exhibit A of Parcel No. 16. GRANTOR acknowledges that the consideration paid by CITY is full and final payment for all rights conveyed herein. GRANTOR, GRANTOR'S successors and assigns, may fully use and enjoy said premises encumbered by said easement, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of CITY'S rights hereunder and no building, structure or reservoir shall be constructed upon, under or across the right -of -way and easement herein granted without CITY'S written consent; provided further, QRA.NTOR, GRANTOR'S, successors and assigns, may construct, dedicate and maintain across said easement and right -of -way such roads, paved parking areas, aileys, utility lines, landscaping and fences as will not interfere with the use by CITY of said easement and right -of -way for the purposes aforesaid. Grantee, City of Southlake, agrees that, in the construction, maintenance and operation of any facilities by or for Grantee within the land or premises as defined above, no hazardous materials or hazardous substances, as defined under applicable federal, state, or local law, as such laws now or hereinafter exist, shall be used, stored, generated, released or disposed of in violation of such applicable law, and if such violation occurs, the Grantee, City of Southlake, shall be solely responsible for any cleanup, remediation, removal or restoration mandated by applicable law; Grantor shall have the right to reasonably approve any method of remedlation to the extent such remediation Involves land owned by Grantee, its successors and assigns. CITY may trim and cut down or remove trees and shrubbery in connection with the construction, inspection, operation, maintenance, repair, replacement, change, addition and /or removal of said FACILITIES, if necessary_ CITY shall clean up and remove all trash and debris, repair and replace fences and repair other damages caused by said construction. The easement rights and privileges herein granted shall be perpetual, and said rights shall constitute covenants running with the land and shall be binding upon and inure to the benefit of GRANTOR and. CITY, respectively, and their respective, successors and assigns. CITY S and GRANTOR'S rights hereunder may be assigned in whole or in part to one or more assignees. TO HAVE AND TO HOLD the above- described easement and right -of -way and rights appurtenant thereto unto CITY, its successors and assigns, until said FACILITIES are declared permanently abandoned by CITY, in which event said easement and right -of -way and rights appurtenant thereto shall cease and terminate and revert to GRANTOR and GRANTOR'S, successors and assigns. GRANTOR hereby binds GRANTOR, GRANTOR'S, successors and assigns to WARRANT and FOREVER DEFEND said easement and right -of -way and rights appurtenant thereto unto CITY, its successors, assigns, against every person whomsoever lawfully claiming, or to claim, the same of any part thereof by, through or under GRANTOR, but not otherwise, subject to the exceptions sat forth below. This grant of an easement is made expressly subject to () any and all easements, rights -of -way, restrictions, liens, and /or encumbrances of any kind that are filed of record in the Tarrant County Real Property Records andfor the Denton County Real Property Records or which an on- the - ground inspection would reveal, and (11) any encroachments, protrusions, taxes for 1995 and subsequent years, and /or zoning, platting or other governmental requirements that affect the land. It is expressly understood that all rights, conveyances or covenants are herein written, and no verbal agreements of any kind shall be binding or recognized or in any way modify this instrument of conveyance. EXECUTED this day of cxr�r t, , 199,"_ Maquire/Thomas Pa rtners-We stla ke/S outh lake Partnership, a Texas general partnership By_ Maguirerrhomas Partners - Dallas, Ltd., a California limited partnership, general partner By_ Magu�elThomas Partners, Inc., a California corporation, /ner I partner. r Name: E a.O -M By: Intemationai Business Machines Corporation, a New York corporation general partpe�? 1J ; Name_ J, P. mn o lector, flnanceO Its: & Asset Management ACKNOWLEDGLMLNT State of New YA � J. R. Mayo County of � ' - f 7c T Director, Finance, Investments This instrument was acknowledged before me orx I & Asset Management - by IB RP M Fct'-Ita lga.rv i4tes Of Intemational Business Machines Corporation, on behalf of said corporation, and the corporation acknowledged this instrument as partner on behalf of MTP -IBM Phase 11 and ill Joint Venture, a partnership. Notafy Public State of New ACKNOWLEDGEMENT State of County of This instrument was acknowledged before me on s by �� ui,Y , who is a of Maguire/Thomas Partners, Inc., a California corporation, general partn'Ler bf Maguire/Thomas Partners - Dallas, Ltd., a California limited partnership, general partner of MTP -IBM Phase II and III Joint Venture, a Texas general partnership, as the act of said corporation in its capacity as general partner of said limited partnership in its capacity as general partner of said general partnership, on behalf of said general partnership. JANM L TAYLOR COlrfllf. # 1Q24231 - _.• Nptory PtbAc — Cauromla ry Public State of +� - LQB AN6Cer�9 COUNTY I.Ry Comm. F�Siral. APR 2d, 1448 Permanent Utility Easement FN D -2744 C.M. Throop Survey, Abstract No. 1 510 EH &A .Job No. 16156 0.208 Acres October 24, 1995 EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III - SECTION I PARCEL NO. 16 BEING A 20 -FOOT WIDE PERMANENT UTILITY EASEMENT SITUATED IN A CALLED 2.6481 ACRE TRACT OF LAND DESCRIBED IN A {SEED TO MAGUIRE/THOMAS PARTNERS - WESTLAKE /SOUTHLAKE PARTNERSHIP (MTP - WSP), RECORDED IN VOLUME 8795, PAGE 553 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, BEING SITUATED IN THE C. M. THROOP SURVEY, ABSTRACT NO. 1514, IN TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING for reference at a found Texas Department of Transportation brass disc on the northeast right of way line of State Highway 1 14 (a variable width right of way) being the north line of said MTP -WSP tract and the south line of a called 24.4237 acre tract of land as conveyed by deed to Pacific Southwest Bank, F.S.B., as recorded in Volume 3008, Page 968, of the dead records of Denton County, Texas, said point being in a circular curve the left having a radius of 1994.90 feet; THENCE along said curve to the left and along said northeast right of way line of State Highway 1 14 with a delta angle of 01' 30' 45 ", an arc distance of 51 .08 feet, and having a chord which bears N 41 ° 18' 41 " E. a distance of 61.08 feet to a point; THENCE S 18° 44' 04" E, a distance of 9.56 feet to the POINT OF BEGINNING; THENCE N 53 28' 14" E, leaving said northeast right of way line of State Highway 1 14, a distance of 236.88 feet to a point; THENCE N 19 49' 34" E, a distance of 108.30 feet to a paint on the line common to said MTP -WSP tract and the said Pacific Southwest Bank tract; THENCE N 53 26' 14' E, along said common line, a distance of 112.65 feet to a point being the northeast corner of said MTP -WSP tract, the southeast corner of said Pacific Southwest Bank tract, and a point on the west right of way line of T.W. King Road (a variable width right of way); THENCE S 05 ° 17' 40' W, along the west line of said MTP -WSP tract and the west right of way line of T.W. King Road, a distance of 26.84 feet to a point; THENCE S 53 28' 14' W, crossing said MTP -WSP tract and leaving said right of way line of T.W_ King Road, a distance of 88.71 feet to a point; THENCE S 19 49' 34" W, crossing said MTP -WSP tract a distance of 108.30 feet to a point; THENCE S 53 28' 14" W, a distance of 249.35 feet to a point on the southwest line of said MTP -WSP tract and the northeast right of way line of said State Highway 114; THENCE N 1 8 0 44' 04' W, a distance of 21.00 feet to the POINT OF BEGINNING, and containing 9,042 square feet or 0.20a acres of land. 5QBMEYOR' S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 00 HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. comp an a n & A ssociates- Inc. B �r Surveyor's Name: JOHN F. WI LDER Registered Professional Land Surveyor, Texas No. Date of Survey: October, 1993 Page 1 of 1 Temporary Construction Easement FN 0 -2745 C. M. Throop Survey, Abstract No. 1510 EH &A Job No. 16156 -01 0.571 Acres INet) October 26, 1995 EXHIBIT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III - SECTION I PARCEL NO. 16 BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT SITUATED IN A CALLED 2.6081 ACRE TRACT OF LAND DESCRIBED IN A DEED TO MAGUIRE/THOMAS PARTNERS - WESTLAKE /SOUTHLAKE PARTNERSHIP (MTP -WSP), RECORDED IN VOLUME 8795, PAGE 553 OF THE DEED RECORDS OF TAHRANT COUNTY, TEXAS, BEING SITUATED IN THE C. M. THROOP SURVEY, ABSTRACT NO. 1510, IN TARRANT. COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a found Texas Department of Transportation brass disc on the northeast right of way line of State Highway 1 14 (a variable width right of way) being the north line of said MTP -WSP tract and the south line of a called 24.4237 acre tract of land as conveyed by deed to Pacific Southwest Bank, F.S.B., as recorded in Volume 3008, Page 968, of the deed records of Denton County, Texas, said point being in a circular curve the left having a radius of 1934.90 feet; THENCE along said curve to the left and along said northeast right of way line of State Highway 114 with a delta angle of 00 53' 31 ", an arc distance of 30.12 feet, and having a chord whieh bears N 41 ° 37' 25" E, a distance of 30.12 feet to the POINT OF BEGINNING; THENCE N 53° 28' 14" E, leaving said northeast right of way line of State Highway 1 14, a distance of 226.47 feet to a point; THENCE N 19° 49' 34" E, a distance of 54.15 feat to a point on the line common to said MTP -WSP tract and the said Pacific Southwest Bank tract; THENCE N 53 28' 14" E. along said common line, a distance of 166.80 feet to a point being the northeast corner of said MTP -WSP tract, the southeast corner of said Pacific Southwest Bank tract, and a point on the west right of way line of T.W. King Road (a variable width right of way): THENCE S 05 17' 40" W, along the west line of said MTP -WSP tract and the west right of way line of T.W. King Road, a distance of 80.52 feet to a point; THENCE crossing said MTP -WSP tract and leaving said right of way line of T.W. King Road, the following six ;6) courses and distances: i ) . S 53 28' 14" W, a distance of 40.82 feet, 21 S 19 49' 34" W, a distance of 65.69 feet, 3) N 83 53' 06' W, a distance of 41.17 feet. 41 S 19 49' 34" W, a distance of 4.80 feet, 5) S 02 31' 55" W, a distance of 62.19 feet, and 61 S 53 26' 14" W, a distance of 235.45 feet to a point on the southwest line of said MTP -WSP tract and the northeast right of way line of said State Highway 114; THENCE N 13 44' 1 1' W, a distance of 72.58 feet to a point being in a circular curve to the left having a radius of 1934.90 FEET; Page 1 of 2 Temporary Construction Easement C.M. Throop Survey, Abstract No. 1510 0.571 Acres (Net) FN D -2745 EH &A Job No. 16156 -01 October 26, 1995 THENCE along said curve to the left and the northeast right of way line of State Highway 1 14, through a delta angle of 00 37' 14 ", an arc distance of 20.95 feet, having a chord which bears N 40 52' 02" W, a distance of 20.95 feet to the POINT OF BEGINNING, and containing 33,922 square feet or 0.779 acres of land, of which 9,042 square feet or 0.208 acres is designated as a permanent utility easement, for a net area of 24,aao square feet, or 0.571 acres of land. C ERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Cc,mpany N Es ©ev. Hgton &Associates. Inc,, B Surveyor's Name; Jghn F Wilder Registered Professional Land Surveyor, Texas No. 4285 Date of Survey: October. 1 •..5.... e•............... JOHN F, WIL[)EF? ....................., Page Page 2 of 2 A -I LOCATION: DENTON COUNTY, TEXAS EASEMENT ACQUISJ110N: "A 012MAC. "B' 0.571 AC, NET I WHOLE PROPERTY ACREAGE; REMAINDER PARCEL PLAT OF EXHIBIT "A" 8c "B" N FWD TXDOT BRASS u1SC NAP Or WMOCE PROPERTY ►ND TAximG 0 / r' V DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE Ili \ SECTION I CITY QF SOUTHLAK& 667 NORTH CARROL AVENUE SOUTHLAKE, TEXAS 76092 EJQRBIT 'A' PROPOSED PERU. UnurY E ASEUENT X1 , 1 0 � C ; ly 0 p wya cn `�a�• � Ay �� a ��`� - r /r f��i�ir i G• r_ 1r �I� �rr rr / rrrr ` / 1 53'28`14' W N 19'49`34" E: /i i t s �f F i i r i 54.1 S' 40.82` p PACIFIC SOUTHWEST SANK, F.S.E. vOL. 3008. PC. 968 (CALLED 24.4237 AC.) �/ / ✓.� /�. /f //f�� r ✓r/ r J f /f / //r GATE:(} 7 -2 -91 /rrrrr?# ♦'drfJ // Q.R.D,C.T. /rfrrrrr'` ��,r�rr .A. yr /rf rrrf/ 83 ti OfJ� � /� frMri d1,17' 01 jfr /JJ r 7'iirf, aj'� /irr /rr Z'S � /1"rrrrfrJ <`+ S 19'49`34" W �rrrrrf �I /i / / //rr ✓�Q 4 /r /rrrr � ,�7 / / '� aa!• Jr/ff/rr�/ `.* rrrf.�1 + y /fr/rrr/ //frrr�rr rr/ 5 rrr ✓r /f / //r L EwAIeI T ^g• rn PROPOSED n0APORAfIY CON IRMT� EE N g• f r ✓ � QJ EASE?AE/1T 4 MAGUIRE /THOMAS PARTNERS — p r0M ' C2 Roe •A- 9 'A WES TLAKE/SOU TH LAKE P VOL_ 8795, PC. 553 (CALLED 2.6081 AC.) DATED 12 -30 -86 0. R. T. C. T. C1 7934.90 QISTANCE M BEARING N 7 '44'04" 1 C2 S 05'17 40 i 215,84' 51.08` 18'44 64 9.56' C1 7934.90 00'53`31" 30.12' S41 30.12' C2 12934.90` 01'3A'45" 51.08` 541'18'48 'E 51,08' C3 1934.90' 00' 7'14' 20.95' N - 52'0 "w 20.95' Eloper. 89trtom 4111111 �i se - 4N y Us. Ertg AN►ftny Env /ranmrnla/ Caffeu 7.700'0 A/ontlat•f 0--v Sulfa ?3a aaNam, rawas 75.740 C2 f i) 307 -077T PREPARED BY PAM CHECKED BY ,FW DATE OCTOBER 20 1995 0 E. H , & A, JOB /TRACT 16156 -01 ..wm.aar n F, Wilder R.P.L.S. 42 SCALE. 1 ° 60 30 60 a:.• a.aaaa..e as as s S ..... 1__r Eq P r F J3 0801N D19 48050 A�TlTLE CO ENT EXPWY 500 -W A R N I N G- S � 'T OF THE OFFICIAL RECORD - -D 0 N O T D E S T R O Y INSTRUMENT 1 D199048050 INDEXED TIME 990226 12:28 T 0 T A L DOCUMENT • 0 F' E E S: B Y: ANY PROVISION WHICH RESTRICTS THE SALE RE . OF THE DESCRIBED REAL PROPERTY BECAUSE OF� IS INVALID AND UNENFORCEABLE UNDER 21.00 CK 17649 USE MACE - f J I N D E X D -- NT COUNTY T E X A S S U Z N E XH D E R S 0 N -- COUNTY CLERK I A L R E C E I P T T 0: AF� TITLE CO RECENT NO lS R CD - 8Y PRINTED DATE TIME 199161747 �,, D`i'008322 02/26/99 12:28 INSTRUMENT 1 D199048050 INDEXED TIME 990226 12:28 T 0 T A L DOCUMENT • 0 F' E E S: B Y: ANY PROVISION WHICH RESTRICTS THE SALE RE . OF THE DESCRIBED REAL PROPERTY BECAUSE OF� IS INVALID AND UNENFORCEABLE UNDER 21.00 CK 17649 USE MACE - f J SCANNED DOCUMENTS Easement Agreement Name of Project. DCRWS- Denton Creek Pressure System Phase III, DC002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor & Meter Station Proi1ect Subsystem N DC002 P arcel # I " T la i1 EASEMENT AND RIGHT -OF -WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT 6 THAT MaquirelThomas Partners - Westlake /Southlake Partnership, a Texas general partnership (GRANTOR) for and In consideration of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by the GRANTEE, the CITY OF SOUTHLAKE with its principal office at 667 North Carroll Avenue, Southlake, Tarrant County, Texas 76092, the receipt of which by GRANTOR Is hereby acknowledged, has granted and conveyed, and does by these presents grant and convey, unto CITY, its successors and assigns, an easement and right -of -way to lay, construct, inspect, operate, maintain, repair, replace, change, add and/or remove a sanitary sewer utility line with all incidental equipment and appurtenances, and the hereinafter described erosion control improvements (IMPROVEMENTS), (all items associated with the sanitary sewer line(s) and IMPROVEMENTS collectively hereinafter called FACILITIES), in, on, over, through, under and across that certain land situated in Tarrant County, Texas, more particularly described in Exhibit A of Parcel No. 17, attached hereto and made a part hereof; together with: the right of reasonable ingress and egress across GRANTOR'S remaining land, where necessary, to and from the alcove- described tract (but such access shall only be through areas designated by GRANTOR), for the purposes of laying, constructing, inspecting, operating, maintaining, repairing, replacing, adding, changing and/or removing said FACILITIES,. There is included in this grant the right at any time in the future to lay, construct, maintain, Inspect, operate, repair, replace, change, add and/or remove an additional line of pipe for sanitary sewage approximately parallel with the first pipeline laid by CITY hereunder, so long as said future line is within the confines of the metes and bounds description contained in Exhibit A of Parcel No. 17, For erosion control purposes, the easement rights granted and conveyed herein to CITY shall also include the right at any time in the future to construct, inspect, operate, maintain, repair, replace, change, add and/or remove concrete, rack rip rap or other forms of IMPROVEMENTS to protect CITY'S existing and future sanitary sewer pipelines located within or adjacent to creeks, gullies and other natural or man -made water drainage courses located within the land area described in Exhibit A of Parcel No. 17. The need for and design of any IMPROVEMENTS are solely within the CITY'S control and discretion. The IMPROVEMENTS shall be constructed within the high -flow boundaries of said water drainage courses. The CITY, at its discretion, may grade and slope the banks or wails of the water drainage courses to facilitate the IMPROVEMENTS' design and integrity_ The physical limits of the IMPROVEMENTS shall be entirely confined to the area described in Exhibit A of Marcel No. 17. GRANTOR acknowledges that the consideration paid by CITY is full and final payment for all rights conveyed herein, GRANTOR, GRANTOR'S successors and assigns, may fully use and enjoy said premises encumbered by said easement, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of CITY'S rights hereunder and no building, structure or reservoir shall be constructed upon, under or across the right -of -way and easement herein granted without CITY'S written consent; provided further, GRANTOR, GRANTOR'S, successors and assigns, may construct, dedicate and maintain across said easement and right -of -way such roads, paved partying areas, alleys, utility lines, landscaping and fences as will not interfere with the use by CITY of said easement and right -of -way for the purposes aforesaid. Grantee, City of Southlake, agrees that, in the construction, maintenance and operation of any facilities by or for Grantee within the land or premises as defined above, no hazardous materials or hazardous substances, as defined under applicable federal, state, or local law, as such laws now or hereinafter exist, shall be used, stored, generated, released or disposed of in violation of such applicable law, and if such violation occurs, the Grantee, City of Southlake, shall be solely responsible for any cleanup, remediation, removal or restoration mandated by applicable law; Grantor shall have the right to reasonably approve any method of remediation to the extent such remediation involves land owned by Grantee, its successors and assigns- CITY may trim and out down or remove trees and shrubbery in connection with the construction, inspection, operation, maintenance, repair, replacement, change, addition and /or removal of said FACILITIES, if necessary. CITY shall clean up and remove all trash and debris, repair and replace fences and repair other damages caused by said construction. The easement rights and privileges herein granted shall be perpetual, and said rights shall constitute covenants running with the land and shall be binding upon and inure to the benefit of GRANTOR and ACKNOWLEDGEMENT Stairs of New York „t J. R. Mayo County of { Director, Finance, Investments &Asset Management This instrument was acknowledged before me o va by IDDA Real (=stale of International Business Machines Corporation, on behalf of said corporation, and the corporation acknowledged this instrument as partner on behalf of MTP -IBM Phase li and III Joint Venture, a partnership. Notary Public State of Ne Ork F. MAVRS%al Cof NOW Y Notary 02 St 49� 534 No. 02D�S - ACKNOWLEDGEMENT Qua1•.f,ed sn Westchester Gou ^1 on Ext,ires No "emgar 3d. i99-f' State of County of This Instrument was acknowledged before me on by R46r E flan ,re=r , who is a aff_.V of Maguire/Thomas Partners, Inc_, a California corporation, general partner of Maguire/Thomas Partners - Dallas, Ltd., a California limited partnership, general partner of MTP -IBM Phase II and III Joint Venture, a Texas general partnership, as the act of said corporation in its capacity as general partner of said limited partnership in its capacity as general partner of said general partnership, on behalf of said general partnership. JANM u TAYLG?R tary Public State of '- CQ#TM. ♦ 1024251 -� Nattxy PibgC — CoHfwnla y LQ9 ANGbLE$ CQUFRY My Comm, r APR 24, 144! Permanent Utility Easement FN D -2746 W. Medlin Survey, Abstract No. 1958 EH &A Job No, 16156 -01 0,008 Acres October 24, 1995 EXHIBIT 'A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III /SECTION I PARCEL NO. 17 BEING A 20 -FOOT WIDE PERMANENT UTILITY EASEMENT SITUATED IN LOT 1, BLOCK 8, OF MTP -IBPA ADDITION NUMBER 1, AN ADDITION RECORDED IN VOLUME 388/211, PAGES 68 AND 69, OF THE MAP RECORDS OF TARRANT COUNTY, TEXAS, BEING SITUATED IN THE W. MEDLIN SURVEY, ABSTRACT NO. 1958,TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at the most northerly corner of Lot 1, Block B, being the intersection of the east line of T.W. King road la variable width right of way) with the west fins of East T.W. King road la variable width right of way); THENCE S 13 05' 02" W, with the west line of Lot 1 and the east line of T.W. King road, a distance of 27.81 feet to the POINT OF BEGINNING; THENCE S 89 41' 16' E, crossing Lot 1, a distance of 11.65 feet to a point in the east line of Lot 1 and the west line of East T.W. King Road and being in a circular curve to the left having a radius of 1474.00 feet; THENCE Southeasterly along the east line of Lot 1 and the west fine of East T.W. King road, an arc distance of 20.48 feet, through a central angle of 00 47' 46" and having a chord which bears S 12 06'07' E, a distance of 20.48 feet; THENCE N 89 41' 16" W, leaving said line and crossing Lot 1, a distance of 28.49 feet to a point in the west line of Lot 1 and the east line of T.W. King road; THENCE N 60 08' 24" E, with the west line of Lot 1 and the east line of T.W. King Road, a distance of 10.52 feet to a point; THENCE N 13 05' 02" E, along the westeriy line of Lot i and the southeast line of T.W. King Road, a distance of 15.08 feet to the POINT OF BEGINNING: and containing 0.008 acres of land or 343 square feet. ,SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE. TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Esney. HustoI3 & 62sog iateg. In c. 8y: �� /ii ✓� Surveyor's Name: - John F Wilder Registered Professional Land Surveyor, Texas No. _ 428,5._ Date of Survey: October,, 1993 r....... a. a :�,, . ...... .J .. ..!. 42- y`7 op j ..,,^ .. , Page 1 of 1 SURVEY: W. MEDLIN SURVEY, A -1955 LOCATION: OENTCN COUNTY T EX A S EASEMENT ACQUISITION: "A° 0.008 AC. WHOLE PROPERTY ACREAGE: 2Q.207 ACRES PLAT OF EXHIBIT "A DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PRASE III \ SEC T10N I PARCEL NO. 17 CITY OF SOUTHLAXE 667 NORTH CARROT. AVENUE SOUTHLAKE, TEXAS 76092 N . LINE B L1 _ 4i L2 N L N 1 L ,TP � •R $ >�� ti a l S - "t En+s8t7 '4' o .. P110P�5£Y) PERir. P ® Unurl EASEWC14 P0 . � H L1 Z t L3 OO'47'46 O' " LZ~ A : 20.48' til _ C8 - S 12'06'07" E °— N 89 W CH 20.48' A a 2 S. 49' < <. �! % �aM ADDITION No. 1 / VOL_ 388/211, PAGES 68 & M. R. T. C. T, y LOT 1 , 1 BLOCK 8 FARING DISTANCE � 1 me"wo m us toa a. AAwo4 tot, Yii. £ng /nI�F /ng t £nv/ronn740101 C0r1UNllora* ►3000 Man /forf Orfv.. Sul►N 250 Dallas, rom aa 75 ? (214) 367 -0771 PREPARED BY GKP CHECKED BY raw DATE. OCTOQER 25. 1995 E.H. & A. JOB /TRACT latse - .. +� / n F. Wilder R.P.L.S. 42 SCALE: 1 " 30' O iS 30 60 Q r ..........; SYa 42 ..' °.... tL :rte 0.,! mcoi fr •7a0 8080 __v D19 48048 tNI T LE CO ENT EXPWY 500 \a F / -WARN I NG- S TOF THE OFFICIAL RECORD - -DO NOT DESTROY z I N D E X D NT COUNTY T E X A S S U Z�, NE H N D E R S 0 N -- COUNTY CLERK � C I A L R E C E I P T T 0: D TITLE CO RECEIPT NO P, IS R CD -BY PRINTED DATE TIME 199161.745 ti D��1008322 02/26/99 12:28 INSTRUMENT 1 D199048048 INDEXED TIME 990226 12:28 CK 17649 T O T A L DOCUMENT • 0 F E E S: B y: ANY PROVISION WHICH RESTRICTS THE SALE RElg6'f, OF THE DESCRIBED REAL PROPERTY BECAUSE - ,OF'0 IS INVALID AND UNENFORCEABLE UNDER FEDER ; 17.00 USE R RACE 5, SCANNED DOCUMENTS Easement Agreement Name of Project: DCRW S- Denton Creek Pressure System Phase III DC0O2- Section I DC003- Section II DC0O4- Section III DCOOS- Kirkwood Branch Interceptor & Meter Station _ Proiect Subsystem # DC002 Parcel #, I s Unique Identifier Number: DC002 -! EASEMENT AND RIGHT -OF -WAY INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT MTP -IBM Phase If and III Joint Venture, a Texas general partnership (GRANTOR) for and in consideration of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by the GRANTEE, the CITY OF SOUTHLAKE with its principal office at 667 North Carroll Avenue, Southlake, Tarrant County, Texas 76092, the receipt of which by GRANTOR is hereby acknowledged, has granted and conveyed, and does by these presents grant and convey, unto CITY, its successors and assigns, an easement and right -of -way to lay, construct, inspect, operate, maintain, repair, replace, change, add and/or remove a sanitary sewer utility line with all incidental equipment and appurtenances, and the hereinafter described erosion control improvements (IMPROVEMENTS) (all items associated with the sanitary sewer line(s) and IMPROVEMENTS collectively hereinafter called FACILITIES), in, on, over, through, under and across that certain land situated in Tarrant County, Texas, more particularly described in Exhibit A of Parcel No. 18, attached hereto and made a part hereof; together with: the right of reasonable ingress and egress across GRANTOR'S remaining land, where necessary, to and from the above - described tract (but such access shall only be through areas designated by GRANTOR), for the purposes of laying, constructing. inspecting, operating, maintaining, repairing, replacing, adding, changing and/or removing said FACILITIES; and a temporary construction easement, as described in Exhibit B of Parcel No. 18, attached hereto and made a part hereof, to use in connection with the construction of said initial FACILITIES, said temporary construction easement to expire upon completion of Construction and acceptance by CITY of said Initial FACILITIES. There is included in this grant the right at any time in the future to lay, construct, maintain, inspect, operate, repair, replace, change, add and/or remove an additional line of pipe for sanitary sewage approximately parallel with the first pipeline laid by CITY hereunder, so long as said future line is within the confines of the metes and bounds description contained in Exhibit A of Parcel No. 1 S. For erosion control purposes, the easement rights granted and conveyed herein to CITY shall also include the right at any time in the future to Construct, inspect, operate, maintain, repair, replace, change, add and/or remove concrete, rock rip rap or other forms of IMPROVEMENTS to protect CITY'S existing and future sanitary sewer pipelines located within or adjacent to creeks, gullies and other natural . or man -made water drainage courses located within the land area described in Exhibit A of Parcel No_ 1B. The need for and design of any IMPROVEMENTS are solely within the CITY'S control and discretion. The IMPROVEMENTS shall be constructed within the high -flow boundaries of said water drainage courses. The CITY, at its discretion, may grade and slope the banks or walls of the water drainage courses to facilitate the IMPROVEMENTS' design and integrity. The physical limits of the IMPROVEMENTS shall be entirely confined to the area described in Exhibit A of Parcel No. 18. GRANTOR acknowledges that the consideration paid by CITY is full and final payment for all rights conveyed herein. GRANTOR, GRANTOR'S successors and assigns, may fully use and enjoy said premises encumbered by said easement, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of CITY'S rights hereunder and no building, structure or reservoir shall be constructed upon, under or across the right -of -way and easement herein granted without CITY'S written consent; provided further, GRANTOR, GRANTOR'S, successors and assigns, may construct, dedicate and maintain across said easement and right- of-way such roads, paved parking areas, alleys, utility lines, landscaping and fences as will not interfere with the use by CITY of said easement and right -of -way for the purposes aforesaid. Grantee, City of Southlake, agrees that, in the construction, maintenance and operation of any facilities by or for Grantee within the land or premises as defined above, no hazardous materials or hazardous substances, as defined under applicable federal, state, or local law, as such laws now or hereinafter exist, shall be used, stored, generated, released or disposed of in violation of such applicable law, and if such violation occurs, the Grantee, City of Southlake, shall be solely responsible for any cleanup, remediation, removal or restoration mandated by applicable law; Grantor shall have the right to reasonably approve any method of remediation to the extent such remediation involves land owned by Grantee, its successors and assigns- CITY may remove trees and shrubbery in connection with the construction of said initial FACILITIES, if necessary. Where it is necessary to remove trees in order to install the initial FACILITIES, the CITY shall require its construction contractor to remove trees with their root ball intact , where possible, and to deliver such trees to representatives of the GRANTOR so that such trees can be replanted. CITY shall require the construction contractor to replace trees and shrubs removed by contractor during construction. Such replacement shall be done concurrently with the construction being performed by the Contractor, and such trees and shrubs shall not be planted in locations that would interfere with future access to the pipeline. GRANTOR shall not be required to bear any expense related to the removal of the trees and the replacement of trees and shrubs removed. CITY may trim and cut down or remove trees and shrubbery in connection with the inspection, operation, maintenance, repair, replacement, change, addition and/or removal of said FACILITIES, if necessary. CITY shall clean up and remove all trash and debris, repair and replace fences and repair other damages caused by said construction. The easement rights and privileges herein granted shall be perpetual, and said rights shall constitute covenants running with the land and shall be binding upon and inure to the benefit of GRANTOR and CITY, respectively, and their respective, successors and assigns. CITY'S and GRANTOR'S rights hereunder may be assigned in whole or in part to one or more assignees. TO HAVE AND TO HOLD the above- described easement and right -of -way and rights appurtenant thereto unto CITY, its successors and assigns, until said FACILITIES are declared permanently abandoned by CITY, in which event said easement and right -of -way and rights appurtenant thereto shall cease and terminate and revert to GRANTOR and GRANTOR'S, successors and assigns_ GRANTOR hereby binds GRANTOR, GRANTOR'S, successors and assigns to WARRANT and FOREVER DEFEND said easement and right -of -way and rights appurtenant thereto unto CITY, its successors, assigns, against every person whomsoever lawfully claiming, or to claim, the same of any part thereof by, through or under GRANTOR, but not otherwise, subject to the exceptions set forth below. This grant of an easement is made expressly subject to (i) any and all easements, rights -of -way, restrictions, liens, and /or encumbrances of any kind that are filed of record in the Tarrant County Real Property Records and/or the Denton County Real Property Records or which an on- the - ground inspection would reveal, and (ii) any encroachments, protrusions, taxes for 1995 and subsequent years, and/or zoning, platting or other governmental requirements that affect the land. It is expressly understood that all rights, conveyances or covenants are herein written, and no verbal agreements of any kind shall be binding or recognized or in any way modify this instrument of conveyance. EXECUTED this day of _�C� W L'L-o- L * — , 199 . MTP -IBM Phase II and III Joint Venture, a Texas general partnership By: Maguire/Thomas Partners- Dallas, Ltd., a California limited partnership, general partner By: MaguirelThomas Partners, Inc., a s'Califom) corporation, f ` g i artner / L.L. L- Name: Its: By: International Business Machines Corporation, a New York corporation general panne By: f ''- W . Its: ' - " & Asset Management ACKNOWLEDGEMENT State of New Yo jlc y`3i C �_f J. R. Mayo County of i� � ` �Q Dsrector, s=inanCe, Inventments & Asset Management This instrument was acknowledged before me on by ate Servii;4jr- of International Business Machines Corporation, on behalf of said corporation, and the corporation acknowledged this instrument as partner on behalf of MTP -IBM Phase II and III Joint Venture, a partnership. Notary Public State of Ne 'fcN F. MAUREEN OUFFY Notary No. 02004916342 w York Qualified in Wastchestor County ACKNOWLEDGEMENgornmission Expires November 30, 133 State of r 4;'_Z: > County of This instrument was acknowledged before me on ' Ws4 q<, by C- M n u E T who is a of Maguire7homas Partners, Inc., a California corporation, general partner of Maguire/Thomas Partners - Dallas, Ltd., a California limited partnership, general partner of MTP -IBM Phase II and III Joint Venture, a Texas general partnership, as the act of said corporation in its capacity as general partner of said limited partnership in its capacity as general partner of said general partnership, on behalf of said general partnership. f JANM L TAYLOR otary Public State of coatr�•,r l°2d1 . =� tVOlnY Pte¢ -- CaRtornEo L06 ANGELES CC4JNPf My Comm- Expk�s APR Z4. 19% Permanent Utility Easement FN D -2747 U.P. Martin Survey, Abstract No. 1015 EH &A Job No. 16156-01 W. Medlin Survey, Abstract No. 1958 October 24, 1995 0.560 Acres EXHIBIT "A DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE ill - SECTION I PARCEL NO. 18 BEING A VARIABLE WIDTH PERMANENT UTILITY EASEMENT SITUATED IN LOT 4, BLOCK A, OF MTP -iBM ADDITION NUMBER 1, AN ADDITION RECORDED IN VOLUME 3881211, PAGES 68 AND 59, OF THE MAP RECORDS OF TARRANT COUNTY, TEXAS, BEING SITUATED IN THE W. MEDLIN SURVEY, ABSTRACT NO. 1958, AND THE U.P. MARTIN SURVEY, ABSTRACT NO. 1015, TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at the most northerly corner of Lot 4, Block A. same being a point in the west line of Lot 3 and being in the east line of East T.W. King road la variable width right Of way) and being in a circular curve to the left having a radius of 1405.95 feet; THENCE Southeasterly along the west line of Lot 4 and the east line of East T.W. King Road, an arc distance of 89.72 fast, through a central angle of 03 39' 22" and having a chord which bears S 10 28' 00" E, a distance of 89.70 feet to the POINT OF BEGINNING; THENCE S 89 41' 16" E, leaving said line and crossing Lot 4, a distance of 25.26 feet; THENCE S 15 19' 51" E, a distance of 125.81 feet; THENCE S 32 44' 24" E, a distance of 9.60 feet to a point in the north line of Lot 4 and the south line of Lot 3; THENCE S 31 04' 49" E, along the line common to Lot 3 and Lot 4, a distance of 50.01 feet; THENCE S 63 57' 48" E, continuing along said common line, a distance of 359 -25 feet; THENCE S 61 ° 11' 57" E, leaving said line and crossing Lot 4, a distance of 90.72 feet to a point in the north line of Lot 4, same being the southwest corner of a tract of land conveyed to A.F. Olen recorded in Volume 4823, Page 575, D.R.T.C.T.; THENCE S 65° 00' 01" E, crossing Lot 4, a distance of 239.39 feet; THENCE N 89° 41' 11" E, a distance of 321.95 feet; THENCE N 44 41' 1 1 " E, a distance of 5.91 feet to a point in the east line of said MTP -IBM Addition Number 1 and being the west line of a called 315.691 -acre remainder tract of land conveyed to MTP -IBM Phase II and Phase Ill Joint Venture and described as Tract One "A" and recorded in Volume 8995, Page 1268, of the Deed Records of Tarrant County, Texas; THENCE S 00 09' 22" E, along the east line of MPT -IMB Addition Number Ono, a distance of 24.18 feet; THENCE S 89° 41' 11 W, crossing Lot 4, a distance of 330.55 feet; THENCE N 65 00'01' W, a distance of 244.21 feet; THENCE N 61 ° 12' 21" W, a distance of 90.99 feet; THENCE N 63 57' 48" W, a distance of 361,80 feet; THENCE N 32 44' 24" W, a distance of 70.63 feet; THENCE N 15 19' 51" W, a distance of 113.70 feet; THENCE N 89 41' 16" W, a distance of 5.46 feet to a point in the west line of Lot 4 and being in the east line of East T.W. King Road and being in a circular curve to the right having a radius of 1405.95 feet; Page 1 of 2 Permanent Utility Easement U.P. Martin Survey, Abstract No. 1015 W. Medlin Survey, Abstract No. 1958 0.560 Acres THENCE along said curve to the right, an arc distance of 20.53 feet, through a central airuls ok , +;ate'° =.s -a i 2'. and havino a chord which bears N 12 42' 48" W, a distance of 20.53 feet to the POINT OF Eia:(idNNING and containing 0.560 acres of land or 24,441 square (eat. SURVEYOR'S CEEITIFICATE FN 0 -2747 EH &A Joky Nth, 16156 -01 0,nobnr z44, 1995 TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 DO HEREBY CCRTIi -Y THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AN),') f-ROM AN ACTUAL. AL. AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. By: Es®ev Huston & Associates. Inc. JQ��N F W o..cn Surveyor's Name: John F Wilder Registered Professional Land Surveyor, Texas No. _ 4285 Date of Survey: Octo er 1993 Page 2 of 2 Temporary Construction Easement FN D -2748 U.P. Martin Survey, Abstract No. 1015 FH &A Job No. 16150 -01 J. Henry Survey, Abstract No. 52a October 24, 1995 W. Medlin Survey, Abstract No. 1958 1.359 Acres (Net) EXHIBIT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE IIIISECTiON I PARCEL NO. 18 BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT SITUATED IN LOT 4, BLOCK A, OF MTP - IBM ADDITION NUMBER 1, AN ADDITION RECORDED IN VOLUME 3881211, PAGES 68 AND 69, OF THE MAP RECORDS OF TARRANT COUNTY, TEXAS, BEING SITUATED IN THE W. MEDLIN SURVEY, ABSTRACT NO. 1958, AND THE U.P. MARTIN SURVEY, ABSTRACT NO. 1015 AND THE J. HENRY SURVEY, ABSTRACT NO. 528, TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at the most northerly corner of Lot 4, Block A, same being a point in the west line of Lot 3 and being in the east line of East T.W. King road (a variable width right of way) and being in a circular curve to the left having a radius of 1405.95 feet; THENCE Southeasterly along this west line of Lot 4 and the east line of East T.W. King Road, an arc distance of 48.85 feet, through a central angle of 01 ° 59' 27" and having a chord which bears S 09 38' 03" E, a distance of 48.85 to the POINT OF BEGINNING; THENCE S 89 41' 16" E, leaving said line and crossing Lot 4, a distance of 72.45 feet to a point in the east line of Lot 4 and the west line of Lot 3; THENCE S 00 12' 31" W, with the east line of Lot 4 and the west line of Lot 3, a distance of 169.20 feet; THENCE S 31 04' 49" E, along the line common to Lot 3 and Lot 4, a distance of 50.01 feet; THENCE S 63 57' 48" E, continuing along said common line, a distance of 359.25 feet; THENCE S 61 ° 1 1' 57" E, leaving said line and crossing Lot 4, a distance of 90.72 feet to a point In the north line of Lot 4, same being the southwest corner of a tract of land conveyed to A.F. Olen recorded in Volume 4823, Page 575, D.R.T.C.T.; THENCE N 89 42' 23" E, along the north line of Lot 4 and the south line of said Olen tract, a distance of 70.22 feet; THENCE S 65 00' 01' E, crossing Lot 4, a distance of 169.17 feet; THENCE N 89 41' 1 1' E, a distance of 302.78 feet; THENCE N 44 41' 1 1' E, a distance of 23.65 feet to a point in the east line of said MTP -IBM Addition Number 1 being the west line. of a called 315 -691 -acre remainder tract of land conveyed to MTP -18M Phase 11 and Phase III Joint Venture and described as Tract One "A' and recorded in Volume 8995, Page 1268, of the Deed Records of Tarrant County, Texas; THENCE S 00 09' 22" E, along the east line of MPT -IMB Addition Number One, a distance of 85.09 feet; THENCE S 44 41' 11" W, a distance of 16.46 feet; THENCE S 89 41' 1 1 " W, crossing Lot 4, a distance of 301.03 feet to a paint in the west line of Lot 4 and the east line of East T.W. King Road and being in a circular curve to the left having a radius of 474.00 feet; THENCE along the west line of Lot 4 and the east line of East T.W. King Road and said curve to the left an arc distance of 39.39 feet, through a central angle of 04 45' 39" and having a chord which bears N 70 14' 19" W, a distance of 39.38 feet; THENCE N 72 37'08' W, continuing along said common line, a distance of 127.55 feet; THENCE N 65 00' 01" W, leaving said line and crossing Lot 4, a distance of 108.85 feet; THENCE N 61 ° 12' 21" W, a distance of 91.36 feet; THENCE N 63 57' 48" W, a distance of 327.58 feet to a point in the west line of Lot 4 and the east line of East T.W. )fling Road and being in a circular curve to the right having a radius of 406.00 feet; Page 1 of 2 Temporary Construction Easement U.F. Mar Survey, Abstract No. 1015 J. Henry Survey, Abstract No, 528 W. Medlin Survey, Abstract No. 1958 1.359 Acres (Net) FN D -2743 EH &A Job No. 16156 -01 October 24, 1995 THENCE Northwesterly along the west line of Lot 4 and the east line of East T.W. King Road and said curve to the right, an arc distance of 127.46 feet, through a central angle of 17 59' 16" and having a chord which bears N 26" 36' 45' W, a distance of 126.94 feet to the beginning of a compound curve to the right having a radius of 1405.95 feet;. THENCE along said curve to the right, an arc distance of 171.50 feet, through a central angle of 06' 59' 21', and having a chord which bears N 14 07' 28" W, a distance of 171.40 feet to the POINT OF BEGINNING and containing 1.919 acres of land or 83,592 square feet of which 0 -560 acres or 24,401 square feet is contained in Permanent Utility Easement Exhibit "A" for a net area of 1.359 acres or 59,1191 square feet. SURVEYOR CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company iV E son & A Inc,_ BY: / / (0) Surveyor's Name: _ John F. Wilder - - JOHN F. 1rVlLDER .... . 425 5 e` � Registered Professional Land Surveyor, Texas No. 42155 tv Date of Survey: October, 199;1 -__ \� Page 2 of 2 Y: U- P. MARTIN SURVEY A -7015, & HENRY SURVEY A -528, M E ACOUISITION: 'A 0.560 AC. - B' 1 - 3 5 9 NE AC. YMOLE PROPERTY ACREAGE: 36.469 AC (PLAT) PLAT OF EXHIBIT "A" Sc "B" rm 0 F4:00 s Poo 7 pq@ e - 06 R - 140y." A _I 71.50' Ca. - N WDr28' CH . 471.40 A - 1739'15 - R - 406.00' A - 127.46 C8 - a 26'38'43' w C14 - 120.94' J. HENRY SURVEY ABSTRACT NO, 528 I l I { PUBUC ACCESS a I UTILITY EASEMENT TM PII�t i 'I { fATP -IBL A00171(RI NO 1 I I I I N BLOCK A I RAMS A OHNTO COUNTY :t LOT 3 I TARRANT rWfTff I 1405.95 EXHaT -A- -- �Inl� -- — PR� PERM, UTILITY EASEMENT W. MEDLIN SURVEY USA - { ABSTRACT NO. 1958 C -259 A OIEN •39 "22` -F. VOL. 4823. PG. 575 10-28° E TP4b' 807A PG. 2013 ca T.C. T. OOSO't2' "1 ir� S AO• E�64BIT "!• +�+ lr � PRUFKADQ TEMPORARY h -- CcM1STRUCn0N EASEMENT W. MEDLIN SURVEY ABSTRACT NO. 1958 I MTP -18" ADDITION N4. 1 VOL. 388/211. PG 68 & 69 PA. R. T.C. T. I U.P. MARTIN SURVEY AE35TRACT NO. 1015 CURVE RAMS A LENGTH CNORO QiORn 1.E+. G1 1405.95 01'59'27' 4d S 09 E - 85' C2 14M. 1 95 •39 "22` 89.77 10-28° E 89.70' ca 1 OOSO't2' 20.53' N 12'8 ' yr 20.55 C4 ♦74.pQ• 01L5'39' 59.39 N 7014'19 YID 39.38' also Amm"istow, ZwP6 rnp /n4.4rrYnp A° Enrlronmanlal COROW&OnH 1 JdOO Nenlfer} CMrw, SNIV TSO Dall.7r, Tires 75240 (2T 4) 307 -077f PREPARED BY Cc AM CHECKED BY Jw DATE OCTOBER 27, 1995 E.H. & A- JOB /TRACT 16156/P18 John F. Wilder R.P.L..S. 4285 SCALE. 1 " = 200' SURVEY A -1958 DENTON CREEK REGiaNAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III \ SECTION I PARCEL. NO. 1 CITY Of SOUTHLAKE 667 NORTH CARROL AVENUE 50UTHLAK1_. TEXAS 76092 w m LOT 4 Lu z an r- o,fj Igo Iz�Mrn+Y 00 =1xa_ :mo JOHN � . .......... .... ...• r �7�11R0 f1FK>w li/�iP 1KCt`J10 (C � s i�;20 080 'm D19 48047 ENi��LE CO EN T, EXPWY 500 -W A R N I N G-4 S P T OF THE OFFICIAL RECORD - -D O N 0 T D E S T R O Y I N D E X D- N T COUNTY T E X A S S U Z N E H N D E R S O N -- COUNTY CLERIC I A L R E C E I P T T O: D TITLE CO RECEIPT NO (R ` IS R CD -BY PRINTED DATE TIME L 199161744 a DRZ 008322 02/26/99 12:28 INSTRUMENT 1 D199048047 INDEXED TIME 990226 12:28 T O T A L DOCUMENT 0 F E E S B Y: ANY PROVISION WHICH RESTRICTS 'THE -- SALE Z r, OF THE DESCRIBED REAL PROPERTY BECAUSE IS INVALID AND UNENFORCEABLE CINDER FED: 23.00 CK 17649 USE - -:- , SE - -- R RACE �� 1 SCANNED DOCUMENTS Easement Agreement Name of Project: DCRWS- Denton Creek Pressure System Phase IYY, DC002- Section I DC003- Section II DC004- Section Iii DC005- Kirkwood Branch Interceptor & Meter Station Project Subsystem # DC002 Parcel # 1 1 ) ue I EASEMENT AND RIGHT -OF -WAY (INCLUDING TEMPORARY EASE FOR CONSTRUCT �F THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT MTP -IBM Phase II Qnd III Joint Venture, a Texas general partnership (GRANTOR) for and in consideration of TEN AND N01100 E?OLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by the GRANTEE, the CITY OF SOUTHLAKE with its principal office at 667 North Carroll Avenue, 5outhlake, Tarrant County, Texas 76092, the receipt of which by GRANTOR is hereby acknowledged, has granted and conveyed, and does by these presents grant and convey, unto CITY, its successors and assigns, an easement and right -of -way to lay, construct, inspect, operate, maintain, repair, replace, change, add and/or remove a sanitary sewer utility line with all incidental equipment and appurtenances, and the hereinafter described erosion control improvements (IMPROVEMENTS), (all items associated with the sanitary sewer line(s) and IMPROVEMENTS collectively hereinafter called FACILITIES), in, on, over, through, under and across that certain land situated in Tarrant County, Texas, more particularly described in Exhibit A of Parcel No. 19, attached hereto and made a part hereof; together with: the right of reasonable ingress and egress across GRANTOR'S remaining land, where necessary. to and from the above - described tract (but such access shalt only be through areas designated by GRANTOR), for the purposes of laying, constructing, inspecting, operating, maintaining, repairing, replacing, adding, changing andlor removing said FACILITIES; and a temporary construction easement, as described in Exhibit B of Parcel No. 19, attached hereto and made a part hereof, to use in connection with the construction of said initial FACILITIES, said temporary construction easement to expire upon completion of construction and acceptance by CITY of said Initial FACILITIES. There Is included in this grant the right at any time In the future to lay, construct, maintain, inspect, operate, repair, replace, change, add and/or remove an additional line of pipe for sanitary sewage approximately parallel with the first pipeline laid by CITY hereunder, so long as said future line is within the confines of the metes and bounds description contained in Exhibit A of Parcel No. 19. For erosion control purposes, the easement rights granted and conveyed herein to CITY shall also include the right at any time in the future to construct, inspect, operate, maintain, repair, replace, change, add andlor remove concrete, rock rip rap or other forms of IMPROVEME=NTS to protect CITY'S existing and future sanitary sewer pipelines located within or adjacent to creeks, gullies and other natural or man -made water drainage courses located within the land area described in Exhibit A of Parcel No. 19. The need for and design of any IMPROVEMENTS are solely within the CITY'S control and discretion. The IMPROVEMENTS shall be constructed within the high -flow boundaries of said water drainage courses. The CITY, at its discretion, may grade and slope the banks or walls of the water drainage courses to facilitate the IMPROVEMENTS' design and integrity. The physical limits of the IMPROVEMENTS shall be entirely confined to the area described in Exhibit A of Parcel No. 19. GRANTOR acknowledges that the consideration paid by CITY is full and final payment for all rights conveyed herein. GRANTOR, GRANTOR'S successors and assigns, may fully use and enjoy said premises encumbered by said easement, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of CITY"S rights hereunder and no building, structure or reservoir shall be constructed upon, under or across the right -of -way and easement herein granted without CITY'S written consent; provided further, GRANTOR. GRANTOR'S. successors and assigns, may construct, dedicate and maintain across said easement and right -of -way such roads, paved parking areas, alleys, utility lines, landscaping and fences as will not interfere with the use by CITY of said easement and right -of -way for the purposes aforesaid_ Grantee, City of Southlake, agrees that, in the construction, maintenance and operation of any facilities by or for Grantee within the land or premises as defined above, no hazardous materials or hazardous substances, as defined under applicable federal, state, or local law, as such laws now or hereinafter exist, shall be used, stored, generated, released or disposed of in violation of such applicable law, and if such violation occurs, the Grantee, City of Southlake, shall be solely responsible for any cleanup, remediation, removal or restoration mandated by applicable lawn; Grantor shall have the right to reasonably approve any method of remediation to the extent such remediation involves land owned by Grantee, its successors and assigns_ CITY may trim and cut dawn or remove trees and shrubbery in connection with the construction, inspection, operation, maintenance, repair, replacement, change, addition and/or removal of said FACILITIES, if necessary. CITY shall clean up and remove all trash and debris, repair and replace fences and repair other damages caused by said construction. The easement rights and privileges herein granted shall be perpetual, and said rights shall constitute covenants running with the land and shall be binding upon and inure to the benefit of GRANTOR and CITY, respectively, and their respective, successors and assigns- CITY S and GRANTOR'S rights hereunder may be assigned in whole or in part to one or more assignees - s TO HAVE AND TO HOLD the above - described easement and right - of - way and rights appurtenant thereto unto CITY, its successors and assigns, until said FACILITIES are declared permanently abandoned by CITY, in which event said easement and right -of -way and rights appurtenant thereto , f shall cease and terminate and revert to GRANTOR and GRANTOR'S, successors and assigns. GRANTOR hereby binds GRANTOR. GRANTOR'S, successors and assigns to WARRANT and FOREVER DEFEND said easement and right -of -way and rights appurtenant thereto unto CITY, its successors, assigns, against every person whomsoever lawfully claiming, or to claim, the same of any part thereof by, through or under GRANTOR, but not otherwise, subject to the exceptions set forth below. This grant of an easement is made expressly subject to (i) any and all easements, rights -of -way, restrictions, liens, and /or encumbrances of any kind that are filed of record in the Tarrant County Real Property Records and /or the Denton County Real Property Records or which an on -the- ground inspection would reveal, and (ii) any encroachments, protrusions, taxes for 1995 and subsequent years, and /or zoning, platting or other governmental requirements that affect the land. It is expressly understood that all rights, conveyances or covenants are herein written, and no verbal agreements of any kind shall be binding or recognized or in any way modify this instrument of conveyance. EXECUTED this � day of ZS G_W LLQ - , 199. MTP -IBM Phase 11 and Ill Joint Venture, a Texas general partnership By: Maguire/Thornas Partners - Dallas, Ltd., a California limited partnership, general partner By: Maguire/Thomas Partners, Inc., a California corporation, g al partner Name:. Its: By: International Business Machines Corporation, a New York corporation general part rk B t l Name: N. M ayo or, •Inan^n, ln estrridhtS Its: ct,.. & Asset M Gsrair=��t7Te! ACKNOWLEDGEMENT State of New Yo j / County of ��;. •L. . - .t J. R. Mayo Director, Finance, Investrnents This instrument was acknowledged before me can by & Asset ManagelrleAIt of International Business Machines Corpo io ,`bn � �a Q sald corporation, and the corporation acknowledged this instrument as partner on behalf of MTP -II3M Phase It and III Joint Venture, a partnership. Noteiry Public State of Ne ork tAAUPEEN DU Ne Yuck state o Utp2T3U49'• 5342 CQU ACKNOWLI DGEMEh�T01—d "' e s Stl Qv®r; bet C'mm l5s o, F_�V %ce State of C-¢ -l County of S 4,xA r.(e.s This instrument was acknowledged before me on 1 1 2—S c7(, by Kit f F ifs qu +n T who is a Mm of Maguire/Thomas Partners, Inc., a California corporation. partner d Maguire/Thomas Partners- Dallas, Ltd., a California limited partnership, general partner of MTP -IBM Phase 11 and III Joint Venture, a Texas general partnership, as the act of said corporation in Its capacity as general partner of said limited partnership in its capacity as general partner of said general partnership, on behalf of said general partnership. jANETT L. TAYLOR CS? 1 . • 1024251 N ary Public State of ca -,�• Notoryr Pubtia — Cofitrxrilo y t09 ANGELES COUNTY ly},r Comm. 6gitr : APR 24, 1448 Permanent Utility Easement, FN D -2742 U.P. Martin Survey, Abstract No. 1415 EH &A Job No. 16156-01 R.D. Price Survey, Abstract No. 1207 October 26, 1995 0.609 Acres EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III - SECTION I PARCEL NO. 19 BEING A VARIABLE WIDTH PERMANENT UTILITY EASEMENT SITUATED IN THE REMAINDER OF A CALLED 315.691 -ACRE TRACT OF LAND DESCRIBED IN DEED TO MTP -16M PHASE II AND 111 JOINT VENTURE (TRACT ONE "A ") AS RECORDED IN VOLUME 8995, PAGE 1268, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS IDRTCT), AND BEING SITUATED IN THE U.P. MARTIN SURVEY, ABSTRACT NO. 1015 AND THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING for reference at a point in the north line of said 315.691 -acre tract and being the northeast corner of Lot 4, Block A of MPT -IBM Addition Number 1, an addition recorded in Volume 388121 1, Page 68 and 69 of the Map Records of Tarrant County, Texas and being in the south line of U.S. Government Tract C -259; THENCE S 00 09' 22" E, along the east line of said MPT -IBM Addition Number 1, a distance of 97.72 feet to the POINT OF BEGINNING; THENCE N 44 41' 11" E, a distance of 47.12 feet to a point in the south line of an easement to Texas Power & Light recorded in Volume 8078, Page 2033, DRTCT; THENCE N 89 41' 11" E, with the south line of said easement, a distance of 1279.22 feet to an angle paint; THENCE S 31 41' 49" E, continuing along the southwesterly line of said easement, a distance of 825.67 feet to an angle point; THENCE N 89 56' 04" E. leaving said line, a distance of 216,91 feet to an angle point; THENCE S OO° 03' 56" E, a distance of 20.00 feet to an angle point; THENCE S800 56' 04" W, a distance of 216.33 feet to an angle point; THENCE N 31 ° 41'49" W, a distance of 837.38 feet to an angle point; THENCE S 89 41' 1 1' W, a distance of 1255.32 feet to an angle point; THENCE S 44° 41' 1 1" W, a distance of 67.18 feet to an angle point; THENCE S 89° 41' 11' W, a distance of 4.17 feet to a point in the east line of said MTP -IBM Addition Number 1; THENCE N 00 09' 22" W, along the east line of said Addition, a distance of 24.18 feet to the POINT OF BEGINNING and containing 0.609 acres of land or 26,514 square feet, more or less. SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Esrey. Hust n & Associates. lnc By: Surveyor's Name: JDI F WILDER Registered Professional Land Surveyor, Texas No. 4285 Date of Survey: October 199 Page 1 of 1 Temporary Constructlnn Easement FN 0-2713 U, P. Martin Survey, Abstract No. 1015 EH &A Job No. 16156 -01 R.D. Price Survey, Abstract No. 1207 October 26, 1995 3.753 Acres (Net) EXHIBIT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III /SECTION I PARCEL NO. 19 BEING A VARIA13LE WIDTH TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE REMAINDER OF A CALLED 315.691 -ACRE TRACT OF LAND DESCRIBED IN DEED TO MTP -ISM PHASE II AND Ill JOINT VENTURE ITRACT ONE "A ") AS RECORDED IN VOLUME 8995, PAGE 1268, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (DRTCT), AND BEING SITUATED IN THE U.P. MARTIN SURVEY, ABSTRACT NO. 1015 AND THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING for reference at a point in the north line of said 315.691 -acre tract and being the northeast corner of Lot 4, Block "A" of MPT -IBM Addition Number 1, an addition recorded in Volume 388/211, Page 68 and 69 of the Map Records of Tarrant County, Texas and being in the south line of U.S. Government Tract C -259; THENCE S 00 09' 22" E, along the east line of said MPT -IBM Addition Number 1, a distance of 55.27 feet to the POINT OF BEGINNING; THENCE N 44 41' 11" E, a distance of 71.81 feet to an angle point; THENCI» N 89 41' 11" E. a distance of 1295.32 feet to an angle point; THENCE S 31 ° 41' 49" E, a distance of 861.07 feet to an angle point; THENCE N 89 56 E, a distance of 164.92 feet to an angle point; THENCE S 00° 03' 56" E. a distance of 80.00 feet to an angle point; THENCE S 89 56' 04" W, a distance of 209.60 feet to an angle point; THENCE N 31 ° 41' 49" W, a distance of 860.84 feet to an angle point; THENCE S 89° 41'11" W, a distance of 1245,56 feet to an angle point; THENCE S 44 41' 11" W, a distance of 79.00 feet to a point in the east line of said MTP -IBM Addition Number 1; THENCE N 00 09' 22" W, along the east fine of said Addition, a distance of 85.09 feet to the POINT OF BEGINNING and containing 4,362 acres of land or 190,017 square feet of which 0.609 acres or 26,514 square feet is contained in Permanent Utility Exhibit "A" for a net area of 3.753 acres or 163,503 square feet, more or less. SURVEYOR'S CERTIFICA TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Esnev. Huston & A -5so cia In . By: Surveyor's Name: Registered Professional Land Surveyor, Texas No. 4285 Data of Survey: October, 1993 VfII_r, Page 1 of 1 SURVEY: U. P. MARTIN SURVEY A -1015, R. :LOCATION: TARRANT COUNTY. TEXAS 'EASEMENT ACQuISmom -A' 0.609 AC. 26514 9! PROPERTY ACREAGE: 312.216 AC. r �PI_!�T OF EXHIBIT "A" & "B" �a r w � � P [ � I,9 v : M 4 TPIi ES MT VOL. 6676. PG. 4033 9 6 I O.R.T.C_1` 'Z h� S � EX14161T 'A' PROPOSED PERMANENT UTWLITY EASEMENT rn d U7 � I C.) <A °' [V d_ d In w ` � � z t m z A 47.12' SURVEY -1207 216.91' DENTON CREEK REGIONAL 20.00' T4 S 69'56'04" W 216.33' WASTEWATER SYSTEM DENTON CREEK 'PRESSURE SYSTEM 9 3.753 AC. 163503 SO ET• T6 5 89'41'11" W 4.17' 17 N 00'09'22" W PHASE III \ SECTION I T8 S OD'03'56" E PROPOSEO Puke PARCEL. NO. 19 S1ATWN SITE w CITY OF SOUTHLAKE r 667 NORTH CARROL AVENUE °per p �� ro SOUTHLAKE. TEXAS 76692 R.D. PRICE SURVE A --1207 6 N n ." N U.P. MARTIN SURVEY ABSTRACT NO. 1015 MTP -IBM PHASE 11 do llr JOINT VENTURE TRACT ONE "A" (CALL 315.691 AC.) VOL. 8995, PG. 12€,8 :+ D.R. T. C. T. m W E7- `HIB1T `8` PROP65EP TEMPORARY CONSTRUCTION EASEMENT `-� SEE DETAIL POO 'A• A we* T1 N 44'41'11" L 47.12' T2 N 89'56'04' E 216.91' T3 S 00'03'56 E 20.00' T4 S 69'56'04" W 216.33' T5 S 44'41'11" W 67AV T6 5 89'41'11" W 4.17' 17 N 00'09'22" W 24.18' T8 S OD'03'56" E 80.00' MTP -18M PHASE II & Ill JOINT VENTURE TRACT ONE "A" (CALL 315.691 AC.) VOL. B995, PG. 1268 0. R.D.C. T. DETAIL aa.v 5 OOiO9'22' E dB 'A' POB *8* LOT 4 nLOCK A MTP - IBM ADDITION No. I VOL. 386/211, PG 58 & 69 M. R. T. C, T. i ioiisi EnDlnrrrina d En vinorrmrndal rsaao =1 Driva. sr.l {. 2 30 n F. Wild R.P.L.S. 4285 [ �. Dallas, Twxaa 73240 (2T4} 337 -077f Wilder ••. +'.... oc o-4 "ate....... ..... F'. WIL ER PREPARED BY GG SCALE: 1" = 200' ... ... °•u•••... CHECKED BY JW DATE 10116/95 - - 1 ' J �'a t3:3 `� E.H. & A. JOB /TRACT 16156 /P 19 � ¢^ co'A'' V' 10R °S S 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. _.. F Sr.• l.� k ?' D199048046 SAFECO LAND TITLE CO 8080 N CENTRAL EXPWY 500 DALLAS TX 75205 - W A R N I N G - THIS IS PART OF THE OFFICIAL RECORD -- -D O N O T D E S T R O Y I N D E X E D -- T A R R A N T COUNTY 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 O: SAFECO LAND TITLE CO RECEIPT NO REGISTER RECD -BY PRINTED DA'L'E TIME 199161743 DR2A T008322 02/26/99 12:28 INSTRUMENT FEECD INDEXED 990226 TIME 12:28 CK 17649 1 D199048046 WD T O T A L: DOCUMENTS: 01 F E E S: 19.00 S 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. EASEMENT AND RIGHT-OF-WAY Northwest Independent School Dis rict Name of Project: DCRWS — Denton Creek Pressure System Phase III DC002- Section I DC043- Section II DC004- Section III DCOOS- Kirkwood Branch Interceptor chi Meter Station Project Subsystem #DCOO4 Parcel No. #'SUB -24 Unique Identifier Number: DC004- SUB -24 413 01265 060993 DENTOI+I CREEK REGIONAL WASrMATER SYSTIRM DENTON CREEK INTERCEPTOR SYSTEM PHASE flit. SECTION Ill SUMrITUTION EASEMENT AND RIOUT -OP -WAY (INCL1JDING 'rFwoRARY EASEMENT FOR CONSTRUCTION) Parcel b 24 STATIC OF TEXAS � COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS, 4 THAT. NORTHWEST r.+lD $plENDEN r SCHOOL. DISTRICT, hereinafter rererced to as CIRAIVTt7R, acting herein by and through its duly authorized Hoard President, Ronnie Naugle, for and in consideration of FIVE THOUSAND SIX HtINop SEVENTY ONE AND P1WI06 DOLLARS (SS,671.00) and other good and valuable consideration to GRANTOR in hand paid by the CITY OP SOU'MLAKE, a municipal cOrparation situated in Tarrant and Denton Counties, here6 Aar referred to as GRANTEE., with its principal OHica at 667 N Carroll Avenue, Soutltlake. TX 76642, the receipt of which by CgLkNTOR is hereby a6mowledged, have granted and conveyed, and do by these preeenta grant turd convoy, unto the GR.ANTPE, its su e ccessors and assignr an easement and rigln of- -way to lay, construct, inspect, 4perato, maintain repair, replace, change, add and/or remove a utility litre or lirses with sill incidental equiprneni and app Wtic ch and the hereinafter described erosion control improvetrnenta (IAiPRO VEMENTS), (ell items collectively hercirmfter cal]cd FACILI ITLS), in, on, over, through, under and across that certain land situated in Denton County, TcKas, more parliculady described in Exhibit 'A ", attached hereto and rnade a part hereof; tpgether with: the right ofreasonable ingress and egrek" across GRANTOR'S remaining land, where neceasuy to and from the above described tract, for rho ptatposes of laying cons ;rutting, inspectirtg, operating, mairraining, repairing, replacing adding, cltattging and In rertvrving said FACILITTEg; and a temporary ennstruction easement, as described in Exhibit "li ", attached hereto and made a part hereof, to use in connection with the construction of said inidal FACIL ITrES, said temporary construction easement to expire upon completion of Construction tux! acceptance by GRANTEE of said irdtial FACILMES Thorn is included in this grant the right at any time in the future to lay, Construct, inspect, operate, maintain, repair, replace, change., add aad/ar remove onto or more ad dlllonal lines of pipe approximatdy parallel with the first pipeline or pipelines laid by GRANTEE hereunder, so long as said future line or Lints are within the confines or the meet and bounds description contained in Exhibit "A" Fos erosion eo;ttral purposes, the cascmernr rights granted and conveyed herein to GRANTEE shall also include the rglu at any tirne in tl:e Future to construct, inspect, operate, maintain, repair, replace, change, add andlnr remove concrete, rack rip rap or other forms of 1MPROV1 _Mr - NTS to protect GRANTEE'S exiating and future pipelines located within or adia "m to ere 'ks, gullies and other natural or man -made water drainabe courses located within the land area desenbW in Exhibit "A' . �CS'.1 •L� f:. . ��3� atiza� s 00a"ot and '1 need for and design of arty ihiphtOVEMEt 1TS are soi within the h- flaw �' of said discretion_ The UVYROVEMENTS shall be constructed uritltin the ltiplt Raw ttrnxttdaries water dittinsge cam. The r,;,lZAIV - ME, at it. discretion, trtay excavate and fi�d o t� t � w all, o f the Iyaterr dmbutge and sway grade and slnpa the banks OF The hy!cal limit of the IiOVEMENTS shall be fWL;LOVI'lvtUNTS' design and integrity. gh5+ entirely coaSned to the area desrAihed in exhibit ^ A ". GRA3%rrOR xCUMawledges that" consdaraaon paid by GRA Ti"t;E is fiull and find p'ayntem for all rigb3a conveyed herein. GRAN 01t.. GRANTOR'S heirs. executor s. adinimsuators, sv rOf4 aastgns may fully use and er4oy said prortuaea encumbered by said easement, except that such use and eodoyment shall not hrrtder, cot&ot or interfere with the exercise of OULANTERS 600 hereunder and no temporary or peaanerit building, structure or FCSMVair "I be erected, placed or eoastrtrcled upon under or m ecraaa the risha-of-way an d, easen'ettt heron Omitted without GR"TL!FS written cctnaent, provided mRY fUrther. ORAWOR. QRANTOIVS heirs. exoyautors, :tail _Q ton, % ro e all � lines .miscast, dedicate and ftWnta ut across said ea_+en>t°t and Stir- of -*vay wc road" s ms's d asai and fences as will not int re erfe with the u. by CiTy of said ea9esrtera and right -of -way far the pt7rgypyC$ atbieaeld. that GRAI`IT Ii may remove from the Casement any fences, buildings„ ytyy,tttt-es It is funkier ageod Sri is herein said CRAi�i fE£ OF other obirructiona tivhuch ineerfere vv th the aatercise of GlZAN7�E' Bh may trim and cut down trees and aluubhery in eo addition stiller r moval of said FAGIh I�T��S, operation, �, repair, replacement, change, ad if neQeSsary G �V shall clean up and remove all trssb and debris, resod, repair end replace fen xs artd repair other drainages Caused by ssid constntClion The awemern r i g hts and privileges herein granted shall be pepet r ual, and ,hail constitute revenan running with the land and shall be binding upon and inure to the benefit of GRANTOR and GRANIIFF. reape�atrvely, and their respective heirs, executors. admsnie[rators. sueceasars and assigns and said grant is expresaiy excepted from any right of reversion of Said premises under any prior deeds in GRANTOP chpn of title. OPLANTEG'S rights hereunder may be ass igned in wfiole or is Pam to one or more assignees The temporary TFR shell replace any fences. b mporary cons"etion easement g shall intrude the tight to excavate and Eiji w thin ranted herein the Te construction Pn• ement, but GItANuildings of other structures within the temporary eanatruc ion easement without cost to GRA TOR, and shall restore the property vrhich is subject to the temporary construction Casement as closely as possible to ,t condition privy to entry thereon- This instillment is executed And deliyered for the purpose Qraubstituting the GItANTEp in the To a recorded in Number 96 R0a462a3, of way pre Deed HeQords of Denton to to Caunty.Oexa y. is 1 3 1 01287 i TO AVE.. AND TO HOLD the above- deaarihed cumnwnt and right -or -way and rights aptrur'tettant dwreto tmto GRAN TEE, its sucoesaorn"MAgn0. utud $0d FAfCUITIES are declorod perm knUWY abandoned by (RANTEE, in which evert sail easement and right-of-way artd nghts appurtenant tharrio sltali caaae and terminate and rev=t to GRANTOR and GRANTOR'S heim executors, adwimistrators, suoces ors and assigns. ORANTOIL hereby binds GRANT01t, GRANTOR'S hEriTS', exeartora, sdrnittimtors, successors and assigns to WARRANT and FOREVER DFFfSND said easexncal and rigtrt- of -way and rigltta xppxr nant thereon unto ORA.NiTEE, its successors and saeigns, agalnat every person whomi6evcr lawfGlly claiming. or to Claim, the sane or any part dwoof. It is expresay wxierrtood that all rights, conveyamue or Covenants are herein written, and no vatbal agreemunte of any kind shall be binding or rucogntxed or in aaY way tnndify this imtrument of coaveyance. l XECLrrEl) rtes day of 1998, to be efF'octive ]une 24, I 199& Northwest Independent School District By: d de Et ie :uau�le, Aiteat: Brenda withers, Secretary to the Board of Trustees Wn,14- -2&. W66662 "M M1MW= 4131 [1288 STATE, OF T9XAS COUNTY OF D61Mt'fON ACK OVME g Pefore me on this des pgsr y !]0?t' or Boatels Ha kno to me (or prow to etc on tho oath of t75 E5P through -S. (description ofidemity card or other document) to he the person whose narne is wthactibe3 to the Foregoing insmmcm and acknowledged to tae that he exoauted the wine for the Purposes and cotuideration therein expressed. GWEN Ur DM MY HAND AND SEAL OF QFF[C:N this v� day of L } v�ve� 1� 'saertoNt4rtNWlerrv�nt�.newB+1 i�faSico JAVA K. KURD& Y NOTARY PUBLIC ]Yam States �02M"2Qa Carom F.ra Le . Printed Name j-Y day _ My Commisaron expsms or. tha of v�ve� 1� 'saertoNt4rtNWlerrv�nt�.newB+1 i�faSico 4131 01289 3 "r *zm4AM �Q ROWAC 3&U weebrrn Drlve D*"i4 TX 75229 1, 0129 F N D -2797 Permanent UUltty Easement EFIBA.Iob Na, 19156.01 J. Eado Survey, Abslaacl No, 3112 Revlsed May 24. 1900 0.529 Acres EXHIBIT "A" UEENTON CREEK REGIONAL VVASTF-WATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE Ill%SVC1 "lON HI PARCEL 140. 24 BEINGA FIFTEEN FOOT WIDE PERMANENT UTILITY EASEMENTAND A 0.526ACRE PARCEL OF LAND SITUATED IN THE J. FADS SURVEY, ABSTRACT NO. 3 @2 OF DE14TON COUNTY, TEXAS AND BEING A PART OF A GALLED 15.0 ACRE TRACT OF L.ANO AS DEEDED TO NORTHWEST lNDEPENt7lrN'x SCHOOL DISTRICT AND RECORDED IN VOLUME '107U, PAGE S OF PARCEL HE: DEE B MORE PAR71 (IF-SCRIBE DAS FOLLOWS: PARCEL 0.526 ACRE neGINNING at the agreed saulh ®set corner of sold 18.0 acre beet es recorded I e boundary tine at aw nor of Lot Conveyance Number g6- R0022100. DR OCT saws being The south agreement as page 2211 of the Map 1, Block i of Trinity Learning Center, an addillon recorded in Cabinet t, Fteoorda of Donlan County, Texas, send conveyed to Trinity Looming Center. Inc.. as recorded In trorn Which A found X o in concrete boors 71 4' 59 diatuittceeafr3.98afeat oOl Fight of way) THENCE N 75° 02,53" W with the north line of Vllioge Trait, a distance of 113.01 feet to a point being In a circular curve to the right having a radius of 916,45 feet; THENCE along the north fins of Village 1'eail And sold curve to the right having a delis angle of 55 57' 58 ", tin arc distance of 800.67 feet and having a chord which bears N 47 03' 61' W, a dletance of 789.22 feel IQ the beginning o f a compound circular curvy to the right having a radius ' of 554.71 last; i THENCC along the north line or Village Troll and said curve to the right having a delta angle of 13° 16' 03 ', an arc distance or 128.45 feet and having a chord which bears N t2° 28' Si" W a distance of 128.16 feet to Ina beginning of a reverse Clr cu ttrrYe to the left having o radius of 1,8'1 9.80 teoL el THENC an l distance of113t3 8Vi llage aott and hewing o chord which �beam t'1 08' 23' 20'' tN a di once 0Y 00", of 136.56 foot to a point; r 10" 57' 50" W along the north line of Viltage Troll, a dislanue of 24 feat to the THENCE N i northwest cornea of sold 16.p acre fret! per aald agreemeni, soma being an angle point In the south line of a called 210.4629 acre tram deeded to Lakgalda at Trophy Club Limbed Partatershlp In Conveyance Number 96- 1100101395, CIRDCT; THENCE N 83° 33' 10" E. alanq the lino aamn"on Io aetd 15.0 acre IraG and said 31.795 sae tract, passing at 115.46 feet the Southeast corner of said 31.785 acre tract and being a west line to the remainder of a called 210.41129 SCre traCtOf land l�� fl130-51 h feel tba Joint poinlentur® and racorcied In Oil in Volume 3302, Page 693, ORUCT, THENCE S 10° 57' OO" E. leaving said common line, a distance of 15.05 feat; THENCE 5 63° 33' 10" W. a distance or 115.46 feel; THENCE S 10' 57'50" E. leaving Bald lime, a distance Of 224,79 feet to a point tieing in a circular curve to the fight having o radius of 1,534.$ feet; hago 1 of 2 Permanent Utility Easement J. Eada Survey. Abstract No. 392 o.bztf Acres 4 13 11 (31296 FN 0 -2787 EtI&A Job No, 16156 -01 Revised May 24. 1968 THENCE along said curve to rho right having a delta angle of 05' 09'U0 an ore distance of 137,96 feet and having a chord which boars'9 08' 23'20" E, it dlalanca of 137.91 real to the baglnning of it reverse circular curve to the left having a radius of 539.71 feet; THENCE along saki curve to the left having a delta angle of 13 16'03'. an are distance of 124.98 feat and having a chord wh)ch bears 5 12" 23'51" E, a distance of 124.70 feet to the beginning of a compound circular curve to the left having a radius of 80A.89 feet; THENCE along geld curve to the le ft having a delta angle of 86' 67'58', an aro distance of 789.02 feet and having a chord which bewe 3 41' 03' 61" E. a distance of 755.14 feat to a point; Tl1ENCE S 75" a2'53" E, a distance of 112.98 feet to a point in the east Hnu of Bald 16.0 acxa tract and the wall fins of sold Learning Center; THENCE S 12 28' 21" A along eald common line, a dlsl9mca of 16.02 feet to the POINT OF BEGINNING, and containing 0.523 screa, or 22,808 square feet of land, more or lass. TO ALL PARTIES INTERESTEb IN TITLE TO 7145 PIREMiSES SURVEY11D, 1 oO HERLBY CERTIFY THAT THE A13OVS LEGAL DESCRIPTION WAS PREPARED FF40M ht1SOC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE ANN CORRECT. Company Name: _ Ci OF � By: aolitl�'sir{aweRin� a2S3 Ia s;urvayor's Name: vy o�SLf1i�o Ftegisterad l?rofeselonsi Land :Surveyor, Texas No. 42A3 , ' J [I eta of Survey' GGlober 109-3 Pago 2 of 2 r 1 1 l 01 2 9 2 FN 0.27138 -Tarnparsry Construction Easement EHdA Jab No. 19156 -0i J. Eads Survey. Albatract Na. 392 Revised May 24, 1896 2,030 Acres EXHIBIT 'S" 0ENTON CREEK RE[7iONAL WASTEWATER SYSTEM OENTON CREEK INTERCEPTOR SYSTEM PHASt? Ilt1SECTION III PARCEL NO. 24 BEtNO A SIXTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT ANDA 2 -0 ACNE PARCEL OF LAND SITUATED IN THE J. 'FADS SURVEY. AS*Tf2ACT NO. 392 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 15.0 ACRE TRACT OF LAN AS DEEDED TO NORTHWEST INE35PENCIENT SCHOOL DISTRICT AND RECORDED IN VOLUME 1070, PAOE 378, OF - I - He DEED RECORDS O r ACRE PARCEL OF LAND 11EING MORE PARTICULA81 -Y DE CRtI3ED AS FOLLOWS; 2.028 COMMENCING for reference at the agreed southeast corner of sold 15.0 acre tract as recorded by boundary line agreement as Conveyance Number 99- 80022106, soma being the gouthwasl corner of Lot 1. 41X-14 i of Trinfty Learning Center, an addition recorded In Cabinet I, Page 229 o f the Map In Ftecords of Denton County, Texas. and conveyed to Trinity Learning CanI0r IM- s rl a ht of way) Volume 3445, Page 410 DROCT. and balrig In the north line of Village Troll (a 60 S front whiol a faurrd "X" In conccets bears 8 71' 24'59" E. a 0elan .96 fast; ce o' 3 THENCE N 12' 28' 2i" E, along the east Itne of Bald 15.0 acre tract, a distance of 15.02 teat to the POINT OF BEGINNING; THENCE N 75' 02'53"W, leaving sold line, a distance of 112,00 fset to a point being In 0 circular curve to the right having a radius of 804.99 feat THENCE along soul curve to the right having A delta angle 0 1 65* 51 68 '. an are distance o 780 0af feet and having a chord which hears N 47' 03' 51" VV, s distance all 766.14 loot to the beg inn a compound circular curve to the right having a radius of 635.71 feet; THENCE alonSj sold curve to the right having a delta angle of 13 16'03*. an ar e distance of 124.96 a distance of fot and a t circular curve to the left halving a of, 124.70 fall tP the beginning of 1 634.90 foot; THENCE along said curve to iha loft having adelta angl0 91 feet o a point; 137,98 feet and having a chord which bears N 08' 23' 20" W, e distance 91 THENCE N 10° 67'50"V a distance of 224.79 feet to a point; THENCE N OW 33' 1 o" E. a distance of 115.46 feet 10 a point; stance of 15.175 feet to a point in the agreed north Ilne 015131d 16.0 THENCE N 10° 57' 00" W. a di acre tract by said boundary llna agre9^' Venture and geco dad In Volume 3302 Page 693. acre tract of land ccanveyad to Trophy CROCT; THE=NCE'. N83 33' 10" E, aloe said common ling. a distance of 60� 19 feet; THENCE S 10' ST 00" E, laaving Field ling. a distance of 75.23 feet; THENCE a 83' 33' 10" YV, a distance or 115.44 feet; Page i of 2 i • t1l31 fl1.293 Temporary Construction Easement FN 0.2799 J. Eods Survey, Abstract No. 3$2 I:HBA Job No. 10158 -01 2.039 Acres Revised May 24, 1999 THENCE S Id' 57'15W E. a dl4lanoe of 159.88 feet to a point being In a circular curve to the tlphl !raving a radius of 1,694 60 feet; THENCE; along sold curve to the right having a delta angle of 45° 09'00', an arc distance of 143.35 foot and having a chord which bears 6 08 23'2Y' E, a distance of 143.30 feet to the beginning of a rever9e circular curve to the left havtrrg a radlus al 479.71 feet; THENCE along salt curve to the (eft having a deice angle of 13' ia' o3 „ . an arc distance of 11 1.08 feet and having a chord which beers 6 12' 26'151' E, a distance of 110.04 feet to the beginning of a compound circular curve to the Safi having a radius of 744.09 feet; THENCE along said curve to the left liavtr,g a delta angle of 53' 57' 58 ", an arc distance of 727.41 feet and having a chard which beers 3 47 03' 51" E, a distance of 698.84 foot to a point; THENCE s 75' 02' 63” 1=, a distance of 1 t d.3a feet to a point In the east line of sold 10.0 acre tract and the weak Itna of said Learning Center; T14ENC$'8 12' 28'21' W, along sold common line, a distance of 09.05 feet to the POINT OF BEr31NNIN0, and containing 2.029 acres, or 90,374 square feel of land, mare or toss. TO ALL PAR71ES INTERESTED IN TITLE TO THE 1 -MISS SURVEYED, ( 00 HEREBY CERTIFY THAT THE ABOVE LEC3AL DESCRIPTION WAS PREPARED FROM PLAIL IC RECORDS ANIJ FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME I$ TRUE AND CORRECT. Company Names F g - 0rGr Q iftAW13RIQ 's 428 Surveyor'a Name: Jnhn Strawbridge sup Registered Professional Land Surveyor, Taxes No. Date of Survey: October. 19.2;1__, Page 2 of 2 t s f Radius + 1519.60 C.B. + S 47 T]J'S1' E X708 'Ai 7R4Cr. J. FAGS A - 392 _ PEN10w CREEK REGIONAL LOCAtION; DEN TON COUNTY TE %A WASTEWAT $YSIEA1 CASEe1[NT ACOVISITION: A' 43.526 AC. 27.590 $0. FT. '8" 2.039 AC. 66799 SO. LT. DEN1pH CREEK PRES3URE SYSIEN Y,MOLC PROPERf7 ACRE40 f$.0 AC. RHAS£ IS \SE CTTDN III TROb ctv+� PLAT OF EXHID)T "A" & "B" PT F)JI Delta - 05109'W P A RCEL NG. R µ `} a A a4 o 64'a- � .?7 6 X65 eft' - C11Y Of SWINL (Ceu d,R •� t• !I1 A CM E t U+rF 607 NORM CAOROL AVENUE 13 T1= OA,00p, d•C SOe/T1w.AKE. TENAll 16047 94110 a 0509 "00 - Ar . 137.96 CO J T, TROPHY JCIN7 YEw 1UR1: TI S 14'77'50` E TS S 70'02'33' E 724.79' 112.46' - VOL. 3":1 P0. 09- (CALLED 210. 4022 AC.) Rvdlue + 479 71 114 O.R.O.G. 1, CHECKED BY T1, ► TO S 10'57'50' a 6 4 eR Rr CO Curvr t4 the Left (A) Ara +• In..aB � 4n2 ?lae n Ewa r 'a' Ch. + 11 D.84 C.11. .. S 1226'61" E III S 1037'00' E . J Oe1te - 13'i6'3 G9 L1WY4 t0 the Left CIc 64.19' 73.2,5 4' V 114 S 83'33'10' W I1S. 44' �'�1� r t NpRfHWE9T INDEPfN06NT a` LU1 1. BLOCK 1 C t+S SCHOOL Destruct voh_ to". Pp, 376 TRINITY LEARNING CENTER \ (CALLED MO AC.) AOD)TICN CAB. 1, PG. 229 M.R.O.C.T. Cl Curve to th■ Rldhht pj TRINt7Y LEARNIND CET4t'fR fwC• Reows + 819.69 Delta +•55'37'56" ()` VOL. 3445, P6. 410 (CALLED t.0500 AC.) Arc 600.67 Ch. 769.22 N APOLV51" vv Q Ira.9tt •a• A � Is Aw t`d P iy O.R.O.C.T. TINT � Cl ��•••... "J C4+ C.-e ti the Right gr.�or�1 �VV W RaAU0 '+ 554.71 / .. Dill . + 4 03" W G6 prrvi to the L. (A) 7i / T6 Ch. 126.1$ w 12"76`81' w pq�W■ - 804.69 Della + SS'SJ`5d' C3 Gum to the Lilt Ilya . 766.02 Ch. r 73,•},14 Radius + 1519.60 C.B. + S 47 T]J'S1' E X708 'Ai 06lla . 435,09,00" Poe ifs' Arc :34.61 C7 Curve to lee Right Ch. +. 6981l Ch. 136.50 w 013'2Y26' W ga4ue l + fS9160 r+.0 ,e SM•lrs4• t 11 Delta - 05109'W men +r. � S. C4 Cur.4 to this "I (l) Ara + 1 •1335 Ch. . 143.30 TI N 75'0 "53' w 77 N 1EM7'50' lY 113_61' 241.02' Radius r 1634,$0 G•B - S. OW23'2o" E T3 P JE IM51' 94110 a 0509 "00 - Ar . 137.96 CO Curve to the tell TI S 14'77'50` E TS S 70'02'33' E 724.79' 112.46' - CM, 137.91 06'23'20' E Rvdlue + 479 71 in S 12'28'2 W 77 S 53'33'Ifl' W 13.02 117...6' CHECKED BY Ostler w M3'16'0S TO S 10'57'50' a 139.114' CO Curvr t4 the Left (A) Ara +• In..aB T9 9 75'02'33' E 110 5 II'26 '2I' W 110.34' 40. D'u' R44>'re - $39.7_1 Ch. + 11 D.84 C.11. .. S 1226'61" E III S 1037'00' E 13.06' Oe1te - 13'i6'3 G9 L1WY4 t0 the Left T N 67'33'10' S 713 5 10`37'00' E 64.19' 73.2,5 Ara + 12&.96 Ch . 12410 114 S 83'33'10' W I1S. 44' G6, + S 12'26'71' E 17.41.' + T14-09 ONIa + 33'51'88" Ara + 121.41 Ch. +. 6981l 47'03'51' 1' men +r. � S. . �F . F AesO Sisise, roe A o'r,sena m-11-1 orr... 5 +rs rsO Jo 4283 ;,7[111:1 "51iiriwr�[fG, •••. Y7wwe f. r., p.. ss ?.O (7lif .797 -a77f •1•ry °• " ^' j �.•* 43799 PREPARED 9Y ac SCALE: 1" - 200' �,t�aOt �,y �': E'S` ° - • %'�� CHECKED BY JS a' .aV� ° DATE REV 5/24/46 0 t00' 7043 hQ0 E H. & A, JOB / TRACT 16156 a,.er.+rs. rue rrte:e>•es i -. �► 0 ►131 01295 fi i 1 0 Y A 4 d SS p RI Rl � P W EASEMENT AND RIGHT-OF-WAY Northwest Independent School Dis rict Name of Project: DCRWS — Denton Creek Pressure System Phase III DC002- Section I DC043- Section II DC004- Section III DCOOS- Kirkwood Branch Interceptor chi Meter Station Project Subsystem #DCOO4 Parcel No. #'SUB -24 Unique Identifier Number: DC004- SUB -24 413 01265 060993 DENTOI+I CREEK REGIONAL WASrMATER SYSTIRM DENTON CREEK INTERCEPTOR SYSTEM PHASE flit. SECTION Ill SUMrITUTION EASEMENT AND RIOUT -OP -WAY (INCL1JDING 'rFwoRARY EASEMENT FOR CONSTRUCTION) Parcel b 24 STATIC OF TEXAS � COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS, 4 THAT. NORTHWEST r.+lD $plENDEN r SCHOOL. DISTRICT, hereinafter rererced to as CIRAIVTt7R, acting herein by and through its duly authorized Hoard President, Ronnie Naugle, for and in consideration of FIVE THOUSAND SIX HtINop SEVENTY ONE AND P1WI06 DOLLARS (SS,671.00) and other good and valuable consideration to GRANTOR in hand paid by the CITY OP SOU'MLAKE, a municipal cOrparation situated in Tarrant and Denton Counties, here6 Aar referred to as GRANTEE., with its principal OHica at 667 N Carroll Avenue, Soutltlake. TX 76642, the receipt of which by CgLkNTOR is hereby a6mowledged, have granted and conveyed, and do by these preeenta grant turd convoy, unto the GR.ANTPE, its su e ccessors and assignr an easement and rigln of- -way to lay, construct, inspect, 4perato, maintain repair, replace, change, add and/or remove a utility litre or lirses with sill incidental equiprneni and app Wtic ch and the hereinafter described erosion control improvetrnenta (IAiPRO VEMENTS), (ell items collectively hercirmfter cal]cd FACILI ITLS), in, on, over, through, under and across that certain land situated in Denton County, TcKas, more parliculady described in Exhibit 'A ", attached hereto and rnade a part hereof; tpgether with: the right ofreasonable ingress and egrek" across GRANTOR'S remaining land, where neceasuy to and from the above described tract, for rho ptatposes of laying cons ;rutting, inspectirtg, operating, mairraining, repairing, replacing adding, cltattging and In rertvrving said FACILITTEg; and a temporary ennstruction easement, as described in Exhibit "li ", attached hereto and made a part hereof, to use in connection with the construction of said inidal FACIL ITrES, said temporary construction easement to expire upon completion of Construction tux! acceptance by GRANTEE of said irdtial FACILMES Thorn is included in this grant the right at any time in the future to lay, Construct, inspect, operate, maintain, repair, replace, change., add aad/ar remove onto or more ad dlllonal lines of pipe approximatdy parallel with the first pipeline or pipelines laid by GRANTEE hereunder, so long as said future line or Lints are within the confines or the meet and bounds description contained in Exhibit "A" Fos erosion eo;ttral purposes, the cascmernr rights granted and conveyed herein to GRANTEE shall also include the rglu at any tirne in tl:e Future to construct, inspect, operate, maintain, repair, replace, change, add andlnr remove concrete, rack rip rap or other forms of 1MPROV1 _Mr - NTS to protect GRANTEE'S exiating and future pipelines located within or adia "m to ere 'ks, gullies and other natural or man -made water drainabe courses located within the land area desenbW in Exhibit "A' . �CS'.1 •L� f:. . ��3� atiza� s 00a"ot and '1 need for and design of arty ihiphtOVEMEt 1TS are soi within the h- flaw �' of said discretion_ The UVYROVEMENTS shall be constructed uritltin the ltiplt Raw ttrnxttdaries water dittinsge cam. The r,;,lZAIV - ME, at it. discretion, trtay excavate and fi�d o t� t � w all, o f the Iyaterr dmbutge and sway grade and slnpa the banks OF The hy!cal limit of the IiOVEMENTS shall be fWL;LOVI'lvtUNTS' design and integrity. gh5+ entirely coaSned to the area desrAihed in exhibit ^ A ". GRA3%rrOR xCUMawledges that" consdaraaon paid by GRA Ti"t;E is fiull and find p'ayntem for all rigb3a conveyed herein. GRAN 01t.. GRANTOR'S heirs. executor s. adinimsuators, sv rOf4 aastgns may fully use and er4oy said prortuaea encumbered by said easement, except that such use and eodoyment shall not hrrtder, cot&ot or interfere with the exercise of OULANTERS 600 hereunder and no temporary or peaanerit building, structure or FCSMVair "I be erected, placed or eoastrtrcled upon under or m ecraaa the risha-of-way an d, easen'ettt heron Omitted without GR"TL!FS written cctnaent, provided mRY fUrther. ORAWOR. QRANTOIVS heirs. exoyautors, :tail _Q ton, % ro e all � lines .miscast, dedicate and ftWnta ut across said ea_+en>t°t and Stir- of -*vay wc road" s ms's d asai and fences as will not int re erfe with the u. by CiTy of said ea9esrtera and right -of -way far the pt7rgypyC$ atbieaeld. that GRAI`IT Ii may remove from the Casement any fences, buildings„ ytyy,tttt-es It is funkier ageod Sri is herein said CRAi�i fE£ OF other obirructiona tivhuch ineerfere vv th the aatercise of GlZAN7�E' Bh may trim and cut down trees and aluubhery in eo addition stiller r moval of said FAGIh I�T��S, operation, �, repair, replacement, change, ad if neQeSsary G �V shall clean up and remove all trssb and debris, resod, repair end replace fen xs artd repair other drainages Caused by ssid constntClion The awemern r i g hts and privileges herein granted shall be pepet r ual, and ,hail constitute revenan running with the land and shall be binding upon and inure to the benefit of GRANTOR and GRANIIFF. reape�atrvely, and their respective heirs, executors. admsnie[rators. sueceasars and assigns and said grant is expresaiy excepted from any right of reversion of Said premises under any prior deeds in GRANTOP chpn of title. OPLANTEG'S rights hereunder may be ass igned in wfiole or is Pam to one or more assignees The temporary TFR shell replace any fences. b mporary cons"etion easement g shall intrude the tight to excavate and Eiji w thin ranted herein the Te construction Pn• ement, but GItANuildings of other structures within the temporary eanatruc ion easement without cost to GRA TOR, and shall restore the property vrhich is subject to the temporary construction Casement as closely as possible to ,t condition privy to entry thereon- This instillment is executed And deliyered for the purpose Qraubstituting the GItANTEp in the To a recorded in Number 96 R0a462a3, of way pre Deed HeQords of Denton to to Caunty.Oexa y. is 1 3 1 01287 i TO AVE.. AND TO HOLD the above- deaarihed cumnwnt and right -or -way and rights aptrur'tettant dwreto tmto GRAN TEE, its sucoesaorn"MAgn0. utud $0d FAfCUITIES are declorod perm knUWY abandoned by (RANTEE, in which evert sail easement and right-of-way artd nghts appurtenant tharrio sltali caaae and terminate and rev=t to GRANTOR and GRANTOR'S heim executors, adwimistrators, suoces ors and assigns. ORANTOIL hereby binds GRANT01t, GRANTOR'S hEriTS', exeartora, sdrnittimtors, successors and assigns to WARRANT and FOREVER DFFfSND said easexncal and rigtrt- of -way and rigltta xppxr nant thereon unto ORA.NiTEE, its successors and saeigns, agalnat every person whomi6evcr lawfGlly claiming. or to Claim, the sane or any part dwoof. It is expresay wxierrtood that all rights, conveyamue or Covenants are herein written, and no vatbal agreemunte of any kind shall be binding or rucogntxed or in aaY way tnndify this imtrument of coaveyance. l XECLrrEl) rtes day of 1998, to be efF'octive ]une 24, I 199& Northwest Independent School District By: d de Et ie :uau�le, Aiteat: Brenda withers, Secretary to the Board of Trustees Wn,14- -2&. W66662 "M M1MW= 4131 [1288 STATE, OF T9XAS COUNTY OF D61Mt'fON ACK OVME g Pefore me on this des pgsr y !]0?t' or Boatels Ha kno to me (or prow to etc on tho oath of t75 E5P through -S. (description ofidemity card or other document) to he the person whose narne is wthactibe3 to the Foregoing insmmcm and acknowledged to tae that he exoauted the wine for the Purposes and cotuideration therein expressed. GWEN Ur DM MY HAND AND SEAL OF QFF[C:N this v� day of L } v�ve� 1� 'saertoNt4rtNWlerrv�nt�.newB+1 i�faSico JAVA K. KURD& Y NOTARY PUBLIC ]Yam States �02M"2Qa Carom F.ra Le . Printed Name j-Y day _ My Commisaron expsms or. tha of v�ve� 1� 'saertoNt4rtNWlerrv�nt�.newB+1 i�faSico 4131 01289 3 "r *zm4AM �Q ROWAC 3&U weebrrn Drlve D*"i4 TX 75229 1, 0129 F N D -2797 Permanent UUltty Easement EFIBA.Iob Na, 19156.01 J. Eado Survey, Abslaacl No, 3112 Revlsed May 24. 1900 0.529 Acres EXHIBIT "A" UEENTON CREEK REGIONAL VVASTF-WATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE Ill%SVC1 "lON HI PARCEL 140. 24 BEINGA FIFTEEN FOOT WIDE PERMANENT UTILITY EASEMENTAND A 0.526ACRE PARCEL OF LAND SITUATED IN THE J. FADS SURVEY, ABSTRACT NO. 3 @2 OF DE14TON COUNTY, TEXAS AND BEING A PART OF A GALLED 15.0 ACRE TRACT OF L.ANO AS DEEDED TO NORTHWEST lNDEPENt7lrN'x SCHOOL DISTRICT AND RECORDED IN VOLUME '107U, PAGE S OF PARCEL HE: DEE B MORE PAR71 (IF-SCRIBE DAS FOLLOWS: PARCEL 0.526 ACRE neGINNING at the agreed saulh ®set corner of sold 18.0 acre beet es recorded I e boundary tine at aw nor of Lot Conveyance Number g6- R0022100. DR OCT saws being The south agreement as page 2211 of the Map 1, Block i of Trinity Learning Center, an addillon recorded in Cabinet t, Fteoorda of Donlan County, Texas, send conveyed to Trinity Looming Center. Inc.. as recorded In trorn Which A found X o in concrete boors 71 4' 59 diatuittceeafr3.98afeat oOl Fight of way) THENCE N 75° 02,53" W with the north line of Vllioge Trait, a distance of 113.01 feet to a point being In a circular curve to the right having a radius of 916,45 feet; THENCE along the north fins of Village 1'eail And sold curve to the right having a delis angle of 55 57' 58 ", tin arc distance of 800.67 feet and having a chord which bears N 47 03' 61' W, a dletance of 789.22 feel IQ the beginning o f a compound circular curvy to the right having a radius ' of 554.71 last; i THENCC along the north line or Village Troll and said curve to the right having a delta angle of 13° 16' 03 ', an arc distance or 128.45 feet and having a chord which bears N t2° 28' Si" W a distance of 128.16 feet to Ina beginning of a reverse Clr cu ttrrYe to the left having o radius of 1,8'1 9.80 teoL el THENC an l distance of113t3 8Vi llage aott and hewing o chord which �beam t'1 08' 23' 20'' tN a di once 0Y 00", of 136.56 foot to a point; r 10" 57' 50" W along the north line of Viltage Troll, a dislanue of 24 feat to the THENCE N i northwest cornea of sold 16.p acre fret! per aald agreemeni, soma being an angle point In the south line of a called 210.4629 acre tram deeded to Lakgalda at Trophy Club Limbed Partatershlp In Conveyance Number 96- 1100101395, CIRDCT; THENCE N 83° 33' 10" E. alanq the lino aamn"on Io aetd 15.0 acre IraG and said 31.795 sae tract, passing at 115.46 feet the Southeast corner of said 31.785 acre tract and being a west line to the remainder of a called 210.41129 SCre traCtOf land l�� fl130-51 h feel tba Joint poinlentur® and racorcied In Oil in Volume 3302, Page 693, ORUCT, THENCE S 10° 57' OO" E. leaving said common line, a distance of 15.05 feat; THENCE 5 63° 33' 10" W. a distance or 115.46 feel; THENCE S 10' 57'50" E. leaving Bald lime, a distance Of 224,79 feet to a point tieing in a circular curve to the fight having o radius of 1,534.$ feet; hago 1 of 2 Permanent Utility Easement J. Eada Survey. Abstract No. 392 o.bztf Acres 4 13 11 (31296 FN 0 -2787 EtI&A Job No, 16156 -01 Revised May 24. 1968 THENCE along said curve to rho right having a delta angle of 05' 09'U0 an ore distance of 137,96 feet and having a chord which boars'9 08' 23'20" E, it dlalanca of 137.91 real to the baglnning of it reverse circular curve to the left having a radius of 539.71 feet; THENCE along saki curve to the left having a delta angle of 13 16'03'. an are distance of 124.98 feat and having a chord wh)ch bears 5 12" 23'51" E, a distance of 124.70 feet to the beginning of a compound circular curve to the left having a radius of 80A.89 feet; THENCE along geld curve to the le ft having a delta angle of 86' 67'58', an aro distance of 789.02 feet and having a chord which bewe 3 41' 03' 61" E. a distance of 755.14 feat to a point; Tl1ENCE S 75" a2'53" E, a distance of 112.98 feet to a point in the east Hnu of Bald 16.0 acxa tract and the wall fins of sold Learning Center; THENCE S 12 28' 21" A along eald common line, a dlsl9mca of 16.02 feet to the POINT OF BEGINNING, and containing 0.523 screa, or 22,808 square feet of land, more or lass. TO ALL PARTIES INTERESTEb IN TITLE TO 7145 PIREMiSES SURVEY11D, 1 oO HERLBY CERTIFY THAT THE A13OVS LEGAL DESCRIPTION WAS PREPARED FF40M ht1SOC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE ANN CORRECT. Company Name: _ Ci OF � By: aolitl�'sir{aweRin� a2S3 Ia s;urvayor's Name: vy o�SLf1i�o Ftegisterad l?rofeselonsi Land :Surveyor, Texas No. 42A3 , ' J [I eta of Survey' GGlober 109-3 Pago 2 of 2 r 1 1 l 01 2 9 2 FN 0.27138 -Tarnparsry Construction Easement EHdA Jab No. 19156 -0i J. Eads Survey. Albatract Na. 392 Revised May 24, 1896 2,030 Acres EXHIBIT 'S" 0ENTON CREEK RE[7iONAL WASTEWATER SYSTEM OENTON CREEK INTERCEPTOR SYSTEM PHASt? Ilt1SECTION III PARCEL NO. 24 BEtNO A SIXTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT ANDA 2 -0 ACNE PARCEL OF LAND SITUATED IN THE J. 'FADS SURVEY. AS*Tf2ACT NO. 392 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 15.0 ACRE TRACT OF LAN AS DEEDED TO NORTHWEST INE35PENCIENT SCHOOL DISTRICT AND RECORDED IN VOLUME 1070, PAOE 378, OF - I - He DEED RECORDS O r ACRE PARCEL OF LAND 11EING MORE PARTICULA81 -Y DE CRtI3ED AS FOLLOWS; 2.028 COMMENCING for reference at the agreed southeast corner of sold 15.0 acre tract as recorded by boundary line agreement as Conveyance Number 99- 80022106, soma being the gouthwasl corner of Lot 1. 41X-14 i of Trinfty Learning Center, an addition recorded In Cabinet I, Page 229 o f the Map In Ftecords of Denton County, Texas. and conveyed to Trinity Learning CanI0r IM- s rl a ht of way) Volume 3445, Page 410 DROCT. and balrig In the north line of Village Troll (a 60 S front whiol a faurrd "X" In conccets bears 8 71' 24'59" E. a 0elan .96 fast; ce o' 3 THENCE N 12' 28' 2i" E, along the east Itne of Bald 15.0 acre tract, a distance of 15.02 teat to the POINT OF BEGINNING; THENCE N 75' 02'53"W, leaving sold line, a distance of 112,00 fset to a point being In 0 circular curve to the right having a radius of 804.99 feat THENCE along soul curve to the right having A delta angle 0 1 65* 51 68 '. an are distance o 780 0af feet and having a chord which hears N 47' 03' 51" VV, s distance all 766.14 loot to the beg inn a compound circular curve to the right having a radius of 635.71 feet; THENCE alonSj sold curve to the right having a delta angle of 13 16'03*. an ar e distance of 124.96 a distance of fot and a t circular curve to the left halving a of, 124.70 fall tP the beginning of 1 634.90 foot; THENCE along said curve to iha loft having adelta angl0 91 feet o a point; 137,98 feet and having a chord which bears N 08' 23' 20" W, e distance 91 THENCE N 10° 67'50"V a distance of 224.79 feet to a point; THENCE N OW 33' 1 o" E. a distance of 115.46 feet 10 a point; stance of 15.175 feet to a point in the agreed north Ilne 015131d 16.0 THENCE N 10° 57' 00" W. a di acre tract by said boundary llna agre9^' Venture and geco dad In Volume 3302 Page 693. acre tract of land ccanveyad to Trophy CROCT; THE=NCE'. N83 33' 10" E, aloe said common ling. a distance of 60� 19 feet; THENCE S 10' ST 00" E, laaving Field ling. a distance of 75.23 feet; THENCE a 83' 33' 10" YV, a distance or 115.44 feet; Page i of 2 i • t1l31 fl1.293 Temporary Construction Easement FN 0.2799 J. Eods Survey, Abstract No. 3$2 I:HBA Job No. 10158 -01 2.039 Acres Revised May 24, 1999 THENCE S Id' 57'15W E. a dl4lanoe of 159.88 feet to a point being In a circular curve to the tlphl !raving a radius of 1,694 60 feet; THENCE; along sold curve to the right having a delta angle of 45° 09'00', an arc distance of 143.35 foot and having a chord which bears 6 08 23'2Y' E, a distance of 143.30 feet to the beginning of a rever9e circular curve to the left havtrrg a radlus al 479.71 feet; THENCE along salt curve to the (eft having a deice angle of 13' ia' o3 „ . an arc distance of 11 1.08 feet and having a chord which beers 6 12' 26'151' E, a distance of 110.04 feet to the beginning of a compound circular curve to the Safi having a radius of 744.09 feet; THENCE along said curve to the left liavtr,g a delta angle of 53' 57' 58 ", an arc distance of 727.41 feet and having a chard which beers 3 47 03' 51" E, a distance of 698.84 foot to a point; THENCE s 75' 02' 63” 1=, a distance of 1 t d.3a feet to a point In the east line of sold 10.0 acre tract and the weak Itna of said Learning Center; T14ENC$'8 12' 28'21' W, along sold common line, a distance of 09.05 feet to the POINT OF BEr31NNIN0, and containing 2.029 acres, or 90,374 square feel of land, mare or toss. TO ALL PAR71ES INTERESTED IN TITLE TO THE 1 -MISS SURVEYED, ( 00 HEREBY CERTIFY THAT THE ABOVE LEC3AL DESCRIPTION WAS PREPARED FROM PLAIL IC RECORDS ANIJ FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME I$ TRUE AND CORRECT. Company Names F g - 0rGr Q iftAW13RIQ 's 428 Surveyor'a Name: Jnhn Strawbridge sup Registered Professional Land Surveyor, Taxes No. Date of Survey: October. 19.2;1__, Page 2 of 2 t s f Radius + 1519.60 C.B. + S 47 T]J'S1' E X708 'Ai 7R4Cr. J. FAGS A - 392 _ PEN10w CREEK REGIONAL LOCAtION; DEN TON COUNTY TE %A WASTEWAT $YSIEA1 CASEe1[NT ACOVISITION: A' 43.526 AC. 27.590 $0. FT. '8" 2.039 AC. 66799 SO. LT. DEN1pH CREEK PRES3URE SYSIEN Y,MOLC PROPERf7 ACRE40 f$.0 AC. RHAS£ IS \SE CTTDN III TROb ctv+� PLAT OF EXHID)T "A" & "B" PT F)JI Delta - 05109'W P A RCEL NG. R µ `} a A a4 o 64'a- � .?7 6 X65 eft' - C11Y Of SWINL (Ceu d,R •� t• !I1 A CM E t U+rF 607 NORM CAOROL AVENUE 13 T1= OA,00p, d•C SOe/T1w.AKE. TENAll 16047 94110 a 0509 "00 - Ar . 137.96 CO J T, TROPHY JCIN7 YEw 1UR1: TI S 14'77'50` E TS S 70'02'33' E 724.79' 112.46' - VOL. 3":1 P0. 09- (CALLED 210. 4022 AC.) Rvdlue + 479 71 114 O.R.O.G. 1, CHECKED BY T1, ► TO S 10'57'50' a 6 4 eR Rr CO Curvr t4 the Left (A) Ara +• In..aB � 4n2 ?lae n Ewa r 'a' Ch. + 11 D.84 C.11. .. S 1226'61" E III S 1037'00' E . J Oe1te - 13'i6'3 G9 L1WY4 t0 the Left CIc 64.19' 73.2,5 4' V 114 S 83'33'10' W I1S. 44' �'�1� r t NpRfHWE9T INDEPfN06NT a` LU1 1. BLOCK 1 C t+S SCHOOL Destruct voh_ to". Pp, 376 TRINITY LEARNING CENTER \ (CALLED MO AC.) AOD)TICN CAB. 1, PG. 229 M.R.O.C.T. Cl Curve to th■ Rldhht pj TRINt7Y LEARNIND CET4t'fR fwC• Reows + 819.69 Delta +•55'37'56" ()` VOL. 3445, P6. 410 (CALLED t.0500 AC.) Arc 600.67 Ch. 769.22 N APOLV51" vv Q Ira.9tt •a• A � Is Aw t`d P iy O.R.O.C.T. TINT � Cl ��•••... "J C4+ C.-e ti the Right gr.�or�1 �VV W RaAU0 '+ 554.71 / .. Dill . + 4 03" W G6 prrvi to the L. (A) 7i / T6 Ch. 126.1$ w 12"76`81' w pq�W■ - 804.69 Della + SS'SJ`5d' C3 Gum to the Lilt Ilya . 766.02 Ch. r 73,•},14 Radius + 1519.60 C.B. + S 47 T]J'S1' E X708 'Ai 06lla . 435,09,00" Poe ifs' Arc :34.61 C7 Curve to lee Right Ch. +. 6981l Ch. 136.50 w 013'2Y26' W ga4ue l + fS9160 r+.0 ,e SM•lrs4• t 11 Delta - 05109'W men +r. � S. C4 Cur.4 to this "I (l) Ara + 1 •1335 Ch. . 143.30 TI N 75'0 "53' w 77 N 1EM7'50' lY 113_61' 241.02' Radius r 1634,$0 G•B - S. OW23'2o" E T3 P JE IM51' 94110 a 0509 "00 - Ar . 137.96 CO Curve to the tell TI S 14'77'50` E TS S 70'02'33' E 724.79' 112.46' - CM, 137.91 06'23'20' E Rvdlue + 479 71 in S 12'28'2 W 77 S 53'33'Ifl' W 13.02 117...6' CHECKED BY Ostler w M3'16'0S TO S 10'57'50' a 139.114' CO Curvr t4 the Left (A) Ara +• In..aB T9 9 75'02'33' E 110 5 II'26 '2I' W 110.34' 40. D'u' R44>'re - $39.7_1 Ch. + 11 D.84 C.11. .. S 1226'61" E III S 1037'00' E 13.06' Oe1te - 13'i6'3 G9 L1WY4 t0 the Left T N 67'33'10' S 713 5 10`37'00' E 64.19' 73.2,5 Ara + 12&.96 Ch . 12410 114 S 83'33'10' W I1S. 44' G6, + S 12'26'71' E 17.41.' + T14-09 ONIa + 33'51'88" Ara + 121.41 Ch. +. 6981l 47'03'51' 1' men +r. � S. . �F . F AesO Sisise, roe A o'r,sena m-11-1 orr... 5 +rs rsO Jo 4283 ;,7[111:1 "51iiriwr�[fG, •••. Y7wwe f. r., p.. ss ?.O (7lif .797 -a77f •1•ry °• " ^' j �.•* 43799 PREPARED 9Y ac SCALE: 1" - 200' �,t�aOt �,y �': E'S` ° - • %'�� CHECKED BY JS a' .aV� ° DATE REV 5/24/46 0 t00' 7043 hQ0 E H. & A, JOB / TRACT 16156 a,.er.+rs. rue rrte:e>•es i -. �► 0 ►131 01295 fi i 1 0 Y A 4 d SS p RI Rl � P W Scanned EASEMENT AND RIGHT -OF -WAY Trinily Learning Center. Inc Name of Project: DCRWS — Denton Creek Pressure System Phase III DC002- Section I DC003- Section II DC004-Section III DC005- Kirkwood Branch Interceptor & Meter Station Project Subsystem #DC004 Parcel No. # SUB -25 Uni ue Identifier Number: DC004- SUB -25 DEZNTON CREEK REGIONAL WAS rmwATFR SYSTEM DENTON CHEEK E4TERCEPTOR SYSTEM PHASE III, SIKCl'ION Ill SUHSTIITUI'ION iLASZMF.NT AND RIGIIT -OF -WAX (Q-4CLUDLNQTE�.IVIPORAKV RASENON+T FOR CON5TAUCTION) Parse! elk 39 STATEOFTEXA4 4 j KNOW ALL MEN HY TIEI[S& PltY9CNT5t COUNTY orDLKTON THAT, TRINITY LLARNl14G CENTER• INC., a Tmcaa i;aTorwtion, herei as f7RAN - YOR, acting horain by and through its duly authorized President, TI OMAS V MAYRIELo, for and in conaideTation of FOUR THOUSAND NiNg HUND"D SIXTY FIVE AND N01100 IIOI.I.ARS (114,965.00) and other goad and valuable canaideration to GRANT" in hand paid try the GTrY OF SOIICHLAK9. a municipal curporstion situated in Tarrant and Denton Counties, hereinafter referred to as GRANTEE, with its principal office at 667 N. Carroll Avenue, Rnuthlaka. TIC 76092, the receipt of which by GRANTOR is hereby acknowledged, have granted and an easement and right -of wav to lay, c0nstrwA' "pest, oporatc, matntarn, rxptur, [ tltf �d�. I�r1�4 Mau and/or remove a utility lire or Imes with all incidental equipment and apptxtansncaa. and the herainanar described erosion contra) impravemonts (IMriR0VE&WNTS), (all items=116clively hareins.Rer called PACs trIES). in, on, aver. through, undcc and across that certain land situated in Denton County. Texts, more particularly described in Exhibit °A ° , attached hereto and Made m. Part hot t together with: the right of roww"Abl a ingress and egress &Cross GRANCOR S remaining land, where necessary to and from the above - described tract, for the' purposes of laying, conftructing, inspecting, operating, mainsaining, repairing, replacing, adding, changing and /or removing said FACILITIES; and a hwnporwy corAtw o"em as dcacribed in Exhibit "B "save, and except" parrnarrent structures and trees including the concroto parking area, Mtaatd hereto and made a part hereof, to use in connection with the construction of said initial FACIL T b said tempo of cattslructiort easement to axpireupon eompttrtion vfconAuu.ctionand scoep Y O said initial FACILITIES Thera is included in this grant the right at any time in the future to lay, construct. inspect, operate, rneintain, repair, replace, ohanga, add and/or remove one or more additional lines of pipe approximately parallel with the first pipeline or pipelines laid tiry GRANTER hereunder, so long as amid future line or lines are within the confines of the meats and bounds description contained in Exhibit "A ". For erasion control purposes, the easement rsgltts granted and conveyed herein to CRANT8E shall ls ao include the sight at any time in i.he futura to construct, inspect, operate, maintain, repair, replace, change, add and/or remove concrete, rock rip rap or other forma of IMPROVRNIENT5 to protOr GRANTER'S existing and future pipelines located within or adjacent to cracks, gullies and other 0 0 natural or rnsrt -rrtade water drainage course located within the land area daacxibed in Exhibit "A ". The need for and design of any U*WROVEN MNTS are solely within the GRANTEE'S control and di&onkiort. The VvWROVEMEN TS shod] beernstrttetadevithinthe high- flowbo.rid itsof tfrav4lje oestxrsea. The GRANTEE, it its diserotion, nary excavate acrd fill within the cKnment and may Wide and slopo the bank* or walls of the water drainage courses to Militate the 1MPROVEMENT5' desizn and intearity. The physical limits of the VdPROVEMEINTs shall be entirely confined tothe area described in R-xhibtt W. GRANTOR sQl0Wwledgee"the coxuideratioo paid by GRANTEE is tall and final payment for all rights conveyed hw ein. QRANTOR, GRAI+FFOR'9 heirs, executor; administrators, sutmauora and assigns, may fully use and enlmy Wd pretwises encumbered by said easement, except that such use and enjoyrttent shall not hinder, conflict or interfere with the examise of ORANTBUS rights heraundar and no ternporuy or permanent building, ru ucture or reservoir shall be erected, placed or constructed upon, under or across the right-of-way and easement heroin granted without GRANTE'E'S written c onscntt provided further, GRANT UR, GRANTORS heirs, executers, administrators, suce"sors and assigns, may constrtaut, dedicate and nasir"n across said ome mint and right-of- -way such reads, alleys, utility lines and fences as will not interfere with the use by GRANTEE otssid easement and right -of -way for the purposes aforesaid. or other obstruction! which interfere with the exercise or GRANTEE'S rights herein and QRANTEE rosy trine and cut down noes and shrubbery in connection with the construction, inspection, operation, ntaintenaiGac, repair, replac- anent, change, addition andlor removal of said FAC1Ll7" g. if neceeaary. GRANTEE* shill clean up and remove al l trash and debris, repair tad replace fences and ropalr other damages reused by said construction. The eistancmt rights and privileges herein granted shall be perpetual, and shall constitute covenants running with the land and shall be binding upon and inure to the benefit of GRANTOR and GP-AN=. reapesetively, and their rcapoc6ve heirs, executors, administrators, successors and assigns and said grant is expressly excepted from eery right of reversion of said premism under any prior deeds in GRANTOR'S chtirt oftitle. GRAN TEeS rights hereunder n,sy be assigned irk whole or in part to one or more assignees. The terttpontry+ construction rsuernerttgrrnted herein shall include the right to excavate and fill within the temporary construction casement, but GRANTEE shall replace any fences, buildings or other structures within the temporary construction eaacrnent without cost to GRANTOR, and 3111111 restore the proparty which is subject to the temporary construction easement as closely as possible w its condition prior to entry thereon. This instrument is *xecutcd and delivered for the purpose of sitb3titutirtg the GRAN FE in the To Have and To I fold sections of this casement and tight of way previously Conveyed to AUTHORITY as rnmrdcd in Document [Number 96- 80040294. of the Deed Records of Denton County, Texas. 0 0 b t1 I I .1 'S cJ 2LJ.! TO HAVE AND TO HOLD the above - described aaaernant and right- of -wiy and rights appurtenant thereto onto gRAN RE, its euoce$8ora and assigns, until said FACI7:ITIFS are declared permanently abandoned by GRANTEE, in which event said e.remeat and right -of -way and rights appurtenant thereto $hall ocam and tans inate and revert to ORANTOR and GR.ANT01 S heirs, eot A vAndrijauxtota, succession and assigns. GP-k T OR hwoby binds GUANt UPLW OR'S heirs, executors, administrators. surxeeaora and assigns to WARRANT and FOREVER DEFEND said vaatment and right -of- -way and rights appurtett$rtt thereto unto GRANTEE, its successors end assigns, aaainat every person Whomsoever lawfully claiming, a to claim, the saute or any part thereat. it is a pmssiy understood that all rights, conveysnc w or covenants are hamin written. and no verbal agreements of any kind shaft be binding or recognized or in any way modify this insuwnttnt of conveyance t?xE EDthis -?3- p dayof UZ".a '1 1997 - rMU4rI "Y LEARNING C.y.NTLR, INC. By: '24aj1l�r THOMAS O. MAY L , dant ACKNOWLUDGMENT STATIE. OF TEXAS 9 COU'N'TY OF DENTON 9 BEFORE ME, the undersigned authority, a Nowry Public, in and for said County and State, on this day personally appeared, Thorn." O. MAyt;lld, known to me to be the person and officer whuse nam is subscribed to the foregoing instrument and acknowledged tome that he w the President of said - Trinity Leasnfnq Center, Inc. a Tawas corporation, and that he was au+horined by said corporation to axecute the Foregoing instrument for the purposes and consideration therein expressed. in the capacity therein stated, and as the Act and bead of said corporation. ' r GIVEN U MY HAND AND SEAL OF OFFICE, this -)'!�,Z day of � �.+G : tY997. Ul- K,rHe awc c. cuts.ra �Noypublic,StateofTaras :.,J err Csrrvrrralon rase... oa 1 ►ae My 4aeunr�� axyirar on Ub clay oC . l99 ..P61 —tdeA 3h coy rw.wn. NEWr1v7 RN D -2796 Armenelll Utility Easement EH AJob No. 18169 -01 t-ade SurVeY. Abstract No. 392 JWWWy 30. 1966 0,074 Acre* F- XHIB1T "A" DEN70 SYSTEM UENTON CREEK INTERCEPTOR SVSTEM PHASE 1111SECTION III PARCEL NO. 25 BEINQ A FIF - MIEN FOOT WOE PERM+W1-W LMLITY EMUMEf4TAND A 0.474 ACRE PARCEL Of' LAND SrTUATED IN THE J. FADS SURVEY, ABSTRACT NO. 392 OF DENTON OWNTY, TEXAS AND BEING A PART OF A CALLED 1050o ACRE TRACT O L AND AS DEEDED TO 'TRINITY LEARNING CIENTER, INC. AND RECORDED VOLU pL 34- P p 4' �L 1 DEED fLECQRDt3 OF DZ =NTON , TEXAS t ADDMO a TRINITY LEARNING CENTER ADO1YivN AND RECItnED IN CABINET I, PA 220, DF THE MAP R PAf RDS O LARf -'�' DESCRIBED AS FOLLUYY S AID 0.074 ACRE PARCEL OF LAND BEINCJ OF0114NING at the eoultw.ost corner of amid Learn" Center in the north line of Milage Trail (a 60 foal right of ways from which a found "X" mart in concrete for the southeast oorner of a called 45.0 Ma treat of land deeded to NortfWdest independent School District recorded In Volume 1071), Pug& 378 beers 8 71. 24' SS" E, a distance of 3.98 feet THENCE N 12' 28' 21" E, 4110rrp the west line of said Learning Center, a cifatancs of'"' feet to M point; THENCE S 75. OT 617' E, leaving said line, v distaaErtcs of 73.49 feat to a paint being In a circular curve to the left hav+ng a redlus of 1,462.70 feet; THENCE: along said curve to the tun naavu w m a.> f eet end havlrV a chord wHoh bows S 77. 47' 02" E. a dbU nce of 141. f58 feet io a point In trio co ar to T f sol joint eaning Center. sred„ed bn I vnlar wa 3 ling page 93. a1a.48 a acre V act lend deeded THENCE 8 12' 2B' 21" W. along the itne common to sold Learning Center and said Trophy Joint Of %AU Troll ffr� which a 2 found 6184rw -h sou comer of a old 1.0600 ecru t a bear* S 13' 14' 21"' W, as die a i nce of 0.42 fast, and batnp a point being in a dreulw cgirve to the right having w rsdlus of 1,427,70 feet; THENCE a t" the rwrth line of Vilta3os Trail and said mrve to the right ha�vinp a dada angle of 05' 2t3 35 ar ". an c distance of 14228 feet and having a chord which bear@ H 77' 46'0 W. ■ dist ance of 142.23 feet to as point; THE Ea N 75 f3, 5 V ' W. al ng o.07 o screw or or 3,227 snugrQfsetgafaend, m f to loss- g POINT Pagan i of 2 mnww" Utlllty Eavomen6l j. Esris Siovey, Ahou" No. 382 0.074 Ades FN 0.2796 EHB�4 Jab No. 1Ei$"$ JarKmry 30, 1008 SL�RVEYCJR'B GF Td ALL PARTIES INTERESTIM IN TttL9 TO T14E PREMSE8 9t R%%YED, 1 00 HEREBY CER'MY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN AC?UAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 18 TRUE AND CORRECT. i Pege 2 o12 fly- g� �y� .rnM, F. llYtlder J�fN F. � . •�q��It�RIFp� Regis(or d Professhxual Lind Surveyor. Testes No. _ +1256_ L� Data of aw"y- ddoaer. 999 _ - - i Pege 2 o12 i t i 1 I ' J , .. .,Z' i , Jr FN D -2786 npof" Construction Eaasment F Job No, 161 W Eads 8ufvoY, Abstract No. 392 Jarntary 30,19M J,296 Acfss EXHIBIT'S" DENTON CREC -K REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM pMASE IIf1SECTION III PAFtCEL NO. 28 BEING A SIXT F OOT W IDE TEMPORARY CONSTRUCTION E tfE ASFI A A 0.205 ACHE TRACT COUNT1f�TEXAB M1C] fiE1N41A NTHE J- PART OF A CALLED 1 .050o AC O F LAND AS -10, PA09 DEEDED TO TRINfTYL7�NlNGCENTT R, INC. AND RECf>RO D T IN D PLATTED OF LOT1O Ole THE DEED RECORDS OF []ENTON COUNTY, TEXAS {C1RL]CT) AN BLOCK 1 LEARNING CEN TER AD AND RECORDED IN CABINET I, PAGE 229, )RDSOF DENTON COUNTY. TEXAS. SAI C MC EV ICUL.AFtLY �"CR BED AS FOLLOWS: 13 D 299 ACRE PARC7:L OF tATID COMMENCING tG fur r4fatence at the southws at comer of said Looming Confer In the north ]In* 01 yplaga Trail [s eo foot right of wery? from whtdt a found "X" pit lr+ �eM gdvfi Oi DigUtetheasr4 In t,1` a sailed i B.O cars tract of lend deeded to Neruwm t Indepand Volume 1070. Fags 376 beat* 3 71 2a' 6V E, a dloIWWO of 3.1161`644 THENCE N 12 28' 21" E, slang the west line Of said Looming Center, a distaftcs of 16.01 fast to the POINT OF BEGINNING; to Lnl4 THENCE N 12. 28'21" 1;, continuing along t line, a dlstancar of 80,178 fast to an s� p' - "4r t= 5 75 02' 5D" E. lssvinq amid line, a distance of 70.09 feet to a Paint being In • clraiiat THENCE along meld prve to the left having a delta angle of O5' 36 59", an aro dislancs or 1 f and haylrrQ a chord whld7 peen S 7Ta vest ns 1 af 4 ca lled 2ici Ae29 f acts tract of l * and deeded Ilne Of sold Looming Center, vane being to TrophY Joint VenWro rac7xdedi in Volume 3302, page 8513, DRDCT; TH l S s dy sto 28' f 80-09 fen* t $lent the line cjru.tlar curv o the rlghtbovin0 a radius 1 i.4 20 Vsn lurs, s t�pp p1` to ■ p0 fe et; THENCE [saving sold comrt�°r'tfn9 end alotTg sold ctlfve to tho rl9ht haying a delta anCl distar Of 23", an old dtetarrce of 141.63 foal and having a chord which beats N 7T' A8' DB" W. 141.58 feet to a point; a nd contalrting THENCE N'75° O2' 6Cr W, a distance of 73.48 feat to the POINT OF SEGINNINO. $ 0.299 scree, or 12,90 square foot of land, more or loss. page t of 2 4 sranporary Construction E esemerd J. E&ds Survey Abstract No, 341 O.200 Awss FN "799 EF{dA Jab No. 1916"1 .ianuary 30, 1968 TO ALL PARTIES INTERESTED IN TITL1r To THE PAFmIsES RURVEYED'^ 1 00 HERESY OpRTIFY THAT - rM ABove I-EGAL OESCRIP UON WAS PREPARED FROM PUBLIC RECORDS ANO FROM AN AOTUAL AND ACCURATE SURVEY VrON THE GROUND ANR THAT SAME 18 TRUE AND CORRECT. Survoyor•s Nwma: ,John F. MIC— Rap staved Protsaskx* Land Swvwy+or. Texas No. !1285 r ...... JOHN .. Wf 4�tta •�U . 0. Page 2 of 2 i 0 i 'r ij L QE74rM f; WAX REGIONAL WASTEWATER SYSItM MTOM CREEK PRESSURE 3%3n 1 PHASE IN /SECTION 111 PLAT OF EXHIENT "A" & W 1 mlmv1rST INGCPENDE"r 9CHOM Dl3rINCr VOL 7P7 Pa, 37a (CAL MG AC.) O.RA.C. PQS *no On W AN r • t I r 79 'N'[ too mQIYj+�I( fi Y's I as C1 Curve 10 lhl Loll (A) Radius 1467.70 Delta SR6'23' 40 141.63 Ch. . 1 41.'90 E. a + S 17 E C2 Cur" to lhf Hight Radius r 1497,70 DNiq - 40'43' Arc . C11. 1,57.79 C. 142.23 C. B. . N 77`46'06" W C3 Curw la the Left R od6z - 1422.70 Dalle •.r 1'1''36' arc . t3904 Ch. - 136.99 C.H. . S 77'30'49" C TI N 12"26'21' E Ia.OI' 72 . 9 12'26`71 w 15.02• r3 ,m 1 t'26'21' fF 00. 00 1`4 S 12'2,5'21' W SO_ad Auwlata• [na. L [n «rnr 4 £++rrra..nr +. ,gar Cnn.�ne,rh TRINITY LEMNMO CENTER _ r�ron aa..rr «r mr... s�:ra rAU Pe!lef. >.sei Y! ?f0 (frfJ Jer -C17r 'Jahn F. Wilder R.P.L•S. 4285 �(3�. .�J. P, 1Y1L)En PREPARED BY oa SCALE: t' . 6Q' ... � 428 c►1ECKeo sr �+� W.R_O,C.T, DATE JANLJA1Ir, 1994 a 30• 50` t20 E.R. a A. JOH f TRACT 10156 ..,�,. sue• • 5 coros $ y�byt. CALLED 1.0:10,5 Ac.) PrY aF SMIKAKE 447 NOwrH CARMX AVO?M SOUP41 IL XXAS 740/2 >< LOT 1, 8LOCK 1 TRINITY LEMNMO CENTER ADOITI ON CAB. 1, PG. 22!3 W.R_O,C.T, II71fMIY LEARMNO CEWTER INC. 1r0L. 3443, Pa. 410 $ y�byt. CALLED 1.0:10,5 Ac.) 9.R,C.C.T. mwm•aWrr E C3 TROPHY 40mr YENTuRL v0L 3302. PO. 1793 (CALLED 210.1629 AC.) r 0 111 for Rocard in; TX DRf H! n" " I f HODGES /r - Return to: CLERK ROWAC on Jun 16 1'J98 3836 Weeburn Drive nt 4x65p■ DaU" TX 73229 040 /NLIF* r 76 -kiaW- 3d7 14oclrrpe = EAS Recordingi E7.09 one /Mgpt . 6.yH 11"eiPPt "I eI� 6 OePutY - Cheryl Scanned EASEMENT AND RIGHT-OF-WAY Beck Properties Trog)hy Club. .F. Name of Proiect: DCRWS — Denton Creek Pressure . System Phase III DC002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor & Meter Station Pro'ect Subsystem #DC004 Parcel No. # SU132 -26 Unique Identifier Number: DC004- SUB2 -26 4153 01555 I UNiTON CPZEK REGIONAL WAS'I'MATER SVS"T$81 DENTON CREEK LKTZRCE4v7'4]R. SYSTEM PHASS It$ SEC JON III t SUBSTITUTION EASEMIMTANID RIGHT -OF -WAY (MCLUDINCr TEMPORARY EA.SEMBNT FOR CONSTRUCT "SON) 073067 Pared b 26 STATE OF TEXAS g g KNOW ALL MEN BY TOLSE PRESENTS; COUNTY OErDENTON ¢ THAT BECK PROIrt MMS TROPHY CLU % L.F.. a Taxes limited pertners'rr pq acting herein by and through Seck Propettlea Contmunidas, Ina,. its Senerat partner, hewlaafter refined to as GRANTOR, for and In consideration of FIVE S[QNDPXD AND NOISUO DOLLARS (5500.00) and other good and vahtaWe cAmaidetaticm to GRANTOR In hand paid by ilia CT't'Y OF SOUTHLAKE, it raunicipal corporation situated in Tarrant and Denton Cmntlea, hertdnaNer nn*rrod to as GiRAN7M with its principal office of 567 N. Carrall Avvwq, Southlake. TX 76692, the receipt of which by GRANTOR to hereby acknowl edged. have granted and tonviceyoJ, and do by those praaevu grant and convey. unto the ORANTF -11, tts eueeessors and asalgns, an easement and right -of way to ley, GonsuuA inspect. operate, maintain, repalr, teplana, change, add aadlor remove a utility line or lines with all incidrtttal equipment and appurtonantes, and the hereinafter described erosion control improvements (I1MPR0Vl:MBNITS), (all diems collexivoly itereiaafter called FACILMES), in, on, over, through, under and across that certain land situated In Denton Cotmty, Texas, more particularly describes! in Exhibit "A ", attached hereto and made a part hereof; the ("114SMent Tract "); and a tanporary construction easement, as described in Exhibit W. attsohad hereto end made apart hereof, to use in connection with the construction of said initial FACMATIkS, said tetnporery euttstnnctiurr eseetttont to expire uPPn completion ofconatructiort and acceptance by GRANTEE of said initial FACILITIES err one year from cxecutlon date whichover occurs first. TThao Is included ht tlils grant the right at +sly time in the fUtu re to lay, construct, inspect. operate. rnaintakL reRalr, replace,, change. add andeor remove cue or more additional lines of pipe approxlrnately parallel with the First pipeline or pipelines laid by GRANTEE herarnder, so long as said ILtura line or Linea are within the confutes of the meets and bounds description of which is contained In Erchlbit "A" Foreroalon control purpi the easement rights granted and conveyed herein 19 GRANTEE shall also 'include the right at any tlma in ilia futuro to construct, inspect, operak% maintain, repair, replace, change, add rmdlor remove corwuete, rack rip rap or other forms of IMPROVEMENTS to protect GRANTEE'S a isting ar d 1U1ure pipelines located v Alhdn or adjacent to creeks, guiltes and other natural or than -mnda water drainage eouraea located within the Easwnant Tract described in Exhibit 11 A" I 4153 015BG In additlon to thecoe veyanee ofmw essemants as denribtsd herairq this lastrvmert IN also executed and delivered for the putpamm of substituting the legal do=dptione of amt portion artho 8vsement ertd Rdght.of- -W'kY prttviously rtomreyed to CrfY as recorded tinder Clerk's File No, 96- ROO42831 ofthe Raad Pmpony Roeorda of Denton County, `Vexes, chat iti located vetthin the boun derieg of the ptaperty now owned by GRANTOR. The need for and deaiga of attly IMPROVEMENTS are solely whhln the OnANTUE'S eonttul and discroilon. Thu I WROVt3 M TF$ shall ba corutrw4ed within the high-Dow boundaries of said .watts dralnnga coutset 'Fit& GRANTIIX at Its dtsrvedoe, MY emavate ®d flli within the easement and tray grada and slope the banks or walls of the water drainage courses to flsdlilat , the IMPROVEMENTS' design and integrity. The physted limits of the IMPRQv WS shall be entirely eundnad to the area described in Exhibit °A ". GVAN MR "knowledass that the consideration paid by URALN - 11M is Adl and anal payment for all sighla conveyed herein, GRANI'QM GRAIV'1't]R'S twins, axecutcra, administrators, Successors and a IWO, may fhlly use and 4WOY said prremisos onctsmmhereci by said easmtton% except that much rtes and enjoyrmmt attsit 1101 hinder. conflict or interfere with t he exedra of GRANTEES rights herautder and no temporary orpwmasent building, structure or reaemotr shall be erected, placed or constructed upon, uadar or across the rightaf- -way oriel easement herein granted vAli tit GRANTEti'S written tomcat: provided Nuther, GRANTOR, GPAriNTOR'S heirs, executors, administrators, mccessws and atmigrts, may consttuc4 dedicate and malrUin across said eaeoraelrl and right-of-way such made, allays, shitty Throe ®d tonrxe alt will not intorfm with the use by GRANTt38 ofssid casement end tight -of way fbr the purposes atbs'esaid. It is Qurtheragreed that GRANTOU may camove from the easement any r nces, buildings, structures or other abattuctiora whirl+ istarfrna with the euerdse ofGRANTFE'S rights herein turd GRANTER may trim and cut down trees and shrubhary in connection with the construction. inspection. ORMILM allsintamtteco, repair, repta"maru, change, addition and/or removal of aaid FACII.IMS, leneceseary. GRANTIM shall dean uq and remove all trash and debris, repair and replace fences and repair other damages cawed by Bald construeion and user The ametnerrt rights end privileges hereitt granted shall be perpetual, w4 shall constitute covenants running with the land and shall be binding upon and inura to the benefit Of GRANTOR and GRA]VT66, respectively, asd their respective heirs, executors, administrators, successors and assigns dad said Went is expressly exeapted From any right of raveralon ofsaid Promises under any prior deeds to CRANIiOR'5 dubs of title, GRANTEE'S rights harounder tray be assigned in wttole Of in putt to ono Of more eselgnees. The tomporsry co"Ametlnn easement granted herein shall include the right to excavate and fill within the temporary construction easommot, but GRANTEE shall replace any fences. buildings or other structures within the teanporary constmeli ©n eascmout without cost to OPUA 1TOR, and shall '.�:) 4353 01557 restore the property which is'subjoct to the temporary construction easement as closely ere P►"WO to its rn"on prior to entry thereon. This loArautteat is executed and delivered for the purpose of substituting the GRANTEE in the To Haut and To Hold scebons ofd& easement and fight orway previonsly conveyed to AUTFiOWrY as recorded InDocummt Nun9mrs 96- ltOO42931 and 95}ROM325, of the Deed Records ol'Dentee County, Tumaa. -TO HAVE AND TO HOLD the aboveAascribed emnunt anrd right -of -way and rights appurtenant thereto unto GRANTEJP3 Its sucoereors and es91$ns, until add FACIFLUMS are declared permanently abmmkmed byGRANTBE. In which event said ensenwnt and dght_of -way and rights appurtenant thereto shell cease and terminate and revert to CMANTOR and GRANTOR'S heirs, executors, administradora, successors and assigns. CIPAN Et hereby binds GRAN'T'OR, GRANTOR'S heirs, executors, adminirtroters, successors and assigns to WARRANT and FOR6VBR DEFEND said easement and right- of-way and r Wfls appurtenant thereto unto GRANTED, ire aucceasors end assigns, against uavery person whomsoever lawfltlly clelming, or to ctaim, the sense or any part thereof. It h eotpressly understood that oil rights, oonveyanoes or covenants are herein written, and no vetbal , agreements of any kind shall be binding or recognized or In any way rnodity this instrument of conveyance. SX]IMUTIM this day of 1999, to b4 oB'ective April 23, 1996. TiE L P PERTIES TROP$Y CL118, L.P., a Tawas iirnited partnership By Beck properties Communities, Inc, itr general pa tuer By' �&h 4 JetyY res I estt wy0.1:d,.MJrv194a,FW ■,� wL d3MW• beth4W di 1 9MB ►153 0ISS$ ACKNOWLEDGMENT YVAIrV of TKXAS COUNTY OF DALLAS � i 9eEbtn ma on s na11y appearW Jcffrc� orovn tome p v me vn the Qath af _ rrilld of through yiiptoa of identity card or other document) to be the person whose name is subz&ared to the foregoing UsWwoevi. and acknooledged to the tJtoi he executed the same for the purposes and consideratlon themin exupm-od. OWEN UNDIM MY HAND AND 5EAL OF OFrMr% this Z 7 day oP 1998. y Notary Public. State of Texas trArg a 1 MY�wwn rhmt+� W+raco Qrinted Neme ^..,,�� r My Cont#Wa ion expires as thaw // day (� wryavatlaM!�BUYAaumnVriflMBe eu1WGORe . Aw;r Anant U11111y Easement 11 153 0 1 5 5 9 f rV u -1lty, J. Sultan swvoy, Abstract No. i t _ . NSA Job No. 1818601 0.138 Aares February 1. 1998 EXMBIT "A' DENTON CREEK IIEGIONAL WASTEWATER SYSTEM DEWON CREED INTERCEPTOR SYSTEM PHASE tIMECTION (N PARCEL NO. 28 BEI1wGA FIPT19 N FOOT WIDE PiAMANENT UTILITY EA89M9W AND A 0.138 ACRE PARCE=L OF LAND StIUATIR) IN THE J. SUTTON SURVEY, At39TRACT NO. 1184 OF DENTON COUNTY, TEXAS AND BUINO A. PART OF A CAILED 7.1174 ACAS 7AACT iTRACT 31 OF LAND AS DEEOEO TO 13ECK PROPERTItS TROPHY ' CLU13 LP AND R9C:ORDED IN CONVOYANCB NUMBIER ROO87812, OF T14E DEED RECORDS OF DENTON COUNTY, TEXAS (OROCTI. SAIL 0.130 ACRE PARCEL OF LAND t3EWG MORN PARTICULARLY OESCREBED AS FOLLO W81 COMMENCING at the southwest corners€ Tract 3. earn# beig the southeast corner of a called 7.9922 sore traot tTreot 14) of land deeded to Trophy .Joint Venture and recorded In Volume 9302, Page 603, OROCT, and belno In the north IW& of Wohway 114 (a verlebto width rlght of wayf, THEzNCR N 29 DIV 42" 9, along the east line of Tract 10 and the west line of Treat 3. a distance of 313.33 feat to the POINT OF BEGENNINO; THENCE N 28 88' 42" E, corlttnuing along sets common tine, a distance of 18.14 toot to a Point; THINCg 9 130- 49. 46" E, laevina saki We, a distance of 401.95 foot to a point Iry the east line of Tract 3, some being M the weat Ilne of Tract C of Trophy Club Section 0, an Addition recatrled fm Val„rna 10, Page 12 of the Map Records of Denton Cpumty, Texas; THENCE S 38o 27' 23' W. along the east Ilne of Tract 3 and the west line of Treat C, e dlalancs of 16.71 feet to a point; THENCE N 08° 48' 40" wr along a line That Is Der811e1 to and 313:00 toot perpendloulariy distant horn the north line of Highway it 14, s distance of 399.34 feet to the PCNNT OF BEOINN1NCL and oontolning 0.139 mores, or 0,010 aware feet of toted, more or less. TO ALL PARTIES INTERESTED ON TITLE TO THE PREMISES SURVEYED, 1 DD HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTI ON WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Cornpany Name.- By: Surveyor'& Nome: Jnlrrt Sfrawbrldn Aegleterod Professional Land Surveyor, Texas No. 4283 a J6HN 30T %V Bete of Survey: -Q0tQtQf. 1923 r Page 1 of f 0 0 Tnroporary Conarruorion Ca o. 2 V l 4 153 U I S S 0 FN 0-2802 J. Burton Fa 8urvoy, Abaln•d r fo, s 1eA 81Id,A Job u sr y 1. 4 0.682 pares ru�ey 1. EX14101T 1)" MWTON CREEK REGIONAL WASTEWATER SYSTEM OEM TOM CREEK INTERCEPTOR SYSTEM P14ASS IMSECT1014 III PARCEL NO. 26 BEING A SIKTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT AND A 0.552 ACRE PARCE4 OF LAND SITUATED IN THE J, SUTTON SURVEY. ABSTRACT No. 11184 OF DENTO14 COUNTY. TEXAS AND REINO A PART OF A CALLED 7.1174 ACRE TRACT (TRACT 3) OF LAND AS IDREVEV TO HECK PROPERTIES TROPHY CLUB LP AND RECORDED IN CONVPYANCI NUMBER F=875te, OF THE OMD RECORDS OF DENTON COUNTY, TEXAS (DRt7CT), SAID 0.552 ACRE PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for ralarenow at the aoulhwest comer of Tract 3, game being the souihaeal comer of a coded 7.9829 acre kraal Cf sect 141 of tend asedad to Trophy Joint Varth" anti raaarded In Volume 3342, Page 093, ORDCT, gild b9tM In the north fine of Highway 114 (a variable width right of way); THENCE N 29` Ba 42"' E, along the east line of Tract 10 and the west line of Tract 3, a distance of 15.14 foal to the POINT OF SHOWNINQ THENCE N 25 68' 42" E. conlImAno along sold fine, a distance of BQ.6t# 1001 1 s point; THENCE S 68. 49' 4S" E. leaving sold fine, a dislane* of 406,31 feat to a point In the east Ifne of Tract 3, mania haing In tha want krna of Track C of Trophy Club Section 9, an Acidlllon recorded In Vofumo 16, Page 12 of the Map f2ecorde of Denton County, Taxes; THENCE S 30' 27' 23!" W, efeng the seek ffne of Traci 3 and the west line of Tract G, a diatanca or e2.94 feet to a point; THENCE N ee` 49' 49^ W. leavng said tina, a distance oI 3D6.ea feet to the POINT OF 9EOINNING, and contairring 0.652 ecru, or 24,080 square feet of land, more ar lame. s •; - TO A LL PARTI9S INTERESTED IN TITLE TO TH(? PREMISES SURVEYED- 1 170 HEREBY CERTIFY THAT THEASOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM A" ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT, Company Narne: o t •. \.• •. .f,4• Survayaes Name: a JoFiTJ�r` +WILDER 420 Reglatered Profssslonai Land 9wvemr, Texns Na. Date of Survey: coplom Peas t of f SURWY, 4 SUTTO A -1194 "� 1 LOO U0* DHNrom COUNTY, IEKAS EASL4t[!TT ACQW 3 0 11.5 x C. o 9 A1HOl.0 PR4>•lAIY Aw6A<W- 7.1174 - PLAT OF EXHIBIT "A" & "B' 01 1 � r1 TROF-IIY'TRAOCT 6vttlruitE (CAU.EO 6.0$29 AC.) v4t .r8o2, Pa Bn0 N D.R.O. C. T. TROPHY JOkIF VEFlTURS � 1 �CAUEn gala AC.) V01,. 3302 Pa. Q4? n PREPARED BY ' CHECXEO BY DATE E,H. dT A. JOB/T T1 N 24'SB'43 E 12 5 3&'zr;W VI 73 N 253&42' E 74 S 3®• )' w 4( k 4 ok4 ste ` pv 16.14' 10.71' 80.08 02,3+ 1r � 1i rsr J6v Sirow ridge R.P.L , 428d srn AMV6FM c 1 { y 4283 � SCALE: V' 200' 'r¢�f.:Als�,�° o rua' 2aY +oa a V .a..s.. �� _ - -- - � vavnuo eua ■Eros 0 M V w CRLER FrEGkONAL WASTEWATER SYSTEM mm?" eam PRESSURE ST9TEIA PHASE 11 \5ECIPON fit N o. a�a OTY OF 5WTN AKLl 667 NORTH. CAMM ^%&Out 9 OUMLAKE. TEMA9 mw v ave r� sEenurr ry�1T �.� s9' RUC IM'�QII/AY TRACT Q Y04. I5. P ©. 12. • r r POP - egg ROC �A' rdi •B• T � J Cd+fIRVQt1dP [HM7 s i N 'OmtJ1. t ea *e N.R.Q.C. �. PREPARED BY ' CHECXEO BY DATE E,H. dT A. JOB/T T1 N 24'SB'43 E 12 5 3&'zr;W VI 73 N 253&42' E 74 S 3®• )' w 4( k 4 ok4 ste ` pv 16.14' 10.71' 80.08 02,3+ 1r � 1i rsr J6v Sirow ridge R.P.L , 428d srn AMV6FM c 1 { y 4283 � SCALE: V' 200' 'r¢�f.:Als�,�° o rua' 2aY +oa a V .a..s.. �� _ - -- - � vavnuo eua ■Eros 0 M V w CRLER FrEGkONAL WASTEWATER SYSTEM mm?" eam PRESSURE ST9TEIA PHASE 11 \5ECIPON fit N o. a�a OTY OF 5WTN AKLl 667 NORTH. CAMM ^%&Out 9 OUMLAKE. TEMA9 mw M•99 �iZ y JC� .TO�u a'CC Y D N�7 �• .p, yW ��S 0 4153 01562 xowac 3836 WceLium Drive Mlip% TX 75229