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R.D. Price Survey, Abstract No. 1207 - Assignment of Easements Denton County Cynthia Mitchell County Clerk 011 0111111 111011011111111111111 Denton, TX 76202 70 2012 0010265 Instrument Number: 2012 - 102654 As Recorded On: September 13, 2012 Deed Parties: CITY OF SOUTHLAKE Billable Pages: 194 To Number of Pages: 194 Comment: ( Parties listed above are for Clerks reference only ) ** Examined and Charged as Follows: ** Deed 788.00 Total Recording: 788.00 * * * * * * * * * * ** DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT * * * * * * * * * * ** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2012 - 102654 Receipt Number: 948933 CITY OF SOUTHLAKE Recorded Date /Time: September 13, 2012 08:45:16A OFFICE OF THE SECRETARY 1400 MAIN ST STE 270 User / Station: S Parr - Cash Station 3 SOUTHLAKE TX 76092 1 . � THE STATE OF TEXAS } COUNTY OF DENTON } * ' " ' 0, M : I hereby certify that this instrument was FILED in the File Number sequence on the date /time j . a9 printed heron, and was duly RECORDED in the Official Records of Denton County, Texas. y •. * County Clerk ''- Denton County, Texas ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF QpAJ T" § BEFORE ME, the undersigned authority on this day personally appeared ZaAl I OAI 7 L J foC - 4 ii-gd Teo Tem (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 i 7 Tµ day of cs U /J G , 2012. 4iYRO " ' t • P "' T. RIGGS ; .,� P Y P V° Notary Public in a N otar Publ a • r the ; : 2 0 , �� , - - Notary Public 4 State of Texas _ *. %� .0 *_ STATE OF TEXAS o '; My Commission a 4 � g' of Expires 08/01/2013 °o aav+►ea Von+ avaa4usa4+o+tso*uaacoav 3 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- R0116729 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.13679/P.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.13679/P.126 #D199048046 21 Tarrant V.13679/P.125 #D199048045 24 Denton V.4131 /P. 01285 #98- R0060893 25 Denton V.4113/P.03281 #98- R0051537 26 Denton V.4153/P.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 1 of , 2012. CITY OF SOUTHLAKE, TEXAS c 13 11-1 , i( 4 1 , By: Title: L A o P,2..o TEAA 2 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: is-11" I --- , 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 No /100 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 w , 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 J ( day of t. Kl , 2012. CITY OF SOUTHLAKE, TEXAS c,)(6-yi (> cV BY: TITLE: 144Mok. Peo TE VWl ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF e !Ze°lgr i— § Before me, the undersigned authority, on this day personally appeared i i &N pbAi BLEDSOE 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 r day of titti1e , 2012. i ;. ti C e., T. RIGGS 3 1 ) ) ° • 4 <-� Notary Public Notary Public, Sta o exas *• . "c : STATE OF TEXAS i ' : ,N4,• M Commis o ° Expires 08/01/2013 i 40 4,8►Y60444641F91800434.$4 44 44 * Page 2 Pump Station Site FN D -2741 R.D. Price Survey, Abstract No. 1207 EH &A Job No. 16156 -01 0.300 Acres Revised November 21, 1995 EXHIBIT "A" 4_) DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III /KIRKWOOD BRANCH PUMP STATION PARCEL NO. 20 BEING A PUMP STATION SITE SITUATED IN THE REMAINDER OF A CALLED 315.691 -ACRE TRACT OF LAND DESCRIBED IN DEED TO MTP -IBM PHASE (1 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 reference at a found 3/4" iron pipe for the northeast corner of said 315.691 -acre tract and being in the west Tine 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 feat, and (2) S 26 °56'00" E, a distance of 86.61 feet; THENCE S 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 89° 56' 04" E, a distance of 114.99 feet to the POINT OF BEGINNING and containing 0.300 acres of land or 13,086 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: Es e , Huston & Associates, Inc. � OF T F co By: - �_'� =�� lam" +� 4 /S/ G. DENNIS QUALLS I 4276 �w Surveyor's Name: G. Dennis Qualls "947:10 S� c07:- -4O r _os ., Registered Professionar Land Surveyor, Texas No. 4276 Date of Survey: October, 1993 Page 1 of 1 ,.-SURVEV_�.R.D. PRICE SURVEY, A -1207 ."..� .-", DENTON CREEK REGIONAL =,L0tATION_ TARRANT COUNTY, TEXAS WASTEWATER SYSTEM JEASEMENT ACQUISITJON "A" 0.300 AC. 13086 SO_ FT. DENTON CREEK PRESSURE SYSTEM -WHOLE PROPERTY ACREAGE: 312.218 AC. PHASE III KIRKW000 BRANCH PUMP S fATION PLAT OF EXHIBIT "A" NO. 20 j CITY OF SOUTHLAKF W . MEDLIN SURVEY 667 NORTH CARROL AVENUC ABSTRACT NO. 1058 SOUTHLAKE, TEXAS 76092 POC °A' I FIP S/4" (1w O pp Ni O N o "' N N 89'56'04" E 114.99' -- POB •A' 7 V 7 7 7 il z S 02'11'25" E o 7 / f V 7/ 22.75' o d EXHIBIT "A" o I �/ ,.PROPOSED PUMP Z 7 (s, s STATION SITE 6' Z V 70.300 AC V V � i s a. �� S 7 13,086 SQ. FT./ / ° o �q C' 5 89'56'04" W 154.9 �� o y MTP -IBM PHASE II & 111 JOINT VENTURE TRACT ONE "A" n e� (CALL 315.691 AC.) throe VOL. 8995, PG. 1268 D. R. T. C. T. 7., R.D. PRFCE SURVEY ABSTRACT NO. 1207 MAP OF WHOLE PROPERTY AND TAKING i lif viro Huatoa Je E /" , co '''((`S.:‘SI \ Aaaaoiatae, Ino. 1 // ng rn We ring B Er. nm en /u/ C. Is - ---�- G. DENNIS QUALLS 1 Tssoo Me,.I o.;, e, s.,;," zso C. Dennis Qu IIs, ".P.L.S. 4276 � c p 4276 : Op//os, TCXOS 75240 t`2 T 4J 387 - 077 7 PREPARED BY __ GC .9;,.// ee c `9 . aA . 0 ' O • CHECKED BY _ Jw SCALE: 1 " = 50' � � 3UF DATE REV 4/15/1998 �� E.H. 84 A. JOB /TRACT 16156 /PMPS TA PREPARED FROM I'll pDC RECORDS j SCANNED DOCUMENTS Special 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 Project Subsystem # DC002 Parcel # Z.O Unique Identifier Number: DC002- 20 It t I• GV L-N " 1 I'll )CS 7 9 O ,S'PEC'IAL, WARRANTY Dr?ED 3 THE STATE OF TEXAS § KNOW ALL MFN BY THESE O PRESENTS: O COUNTY OP TARRANT § THAT INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York Corporation (GRANTOR)and in consideration of the sum of Ten DOLLARS ($10.00) 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 the laws of the State of Texas, with its principal office at 667 North Carroll Avenue, Southlake, Tarrant County, Texas 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 A of Parcel No. 20, attached hereto and incorporated herein for all purposes. 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 bind GRANTOR and GRANTOR'S 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 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 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 SouthIake, 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. This conveyance is made expressly subject to (1) 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 1998 and subsequent years, and /or zoning, platting or other governmental requirements that affect the Ia nd. 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. EXECUTED this 04.7 day of , 191X ? " 4 7 � r INTERNATIONAL BUSINESS MAORI ' 5� . CORPORATION, A NEW YORK CORPORATION 1/ Ej ) f p Dy: Name: J. Robb Mayo Director of lJS Real Estate Operations and Investments Its: STATE OF NEW YORK ) SS_ COUNTY of �i�r.1� Before me _ on this day personally appeared 41 the of International Business Machines Corporation, a New York corporation, known .to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes, consideration and in the capacity therein expressed. r • Given under my hand and seal of office this - 7 day of4 . A.D. 192 Na : Public, State of New or My Commission Expires: F. MAUREEN DUFFY Notary Non 5 w York 342 Qualified in Westchester County Commission Expires November 30. 1 � J. Robb Mayo F • Director of US Real Estate Operations and Investments If 0 U . 141.31171 dif 111443091 i Pump Station Site FN D -2741 :• R.O. Price Survey, Abstract No. 1207 EH &A Job No. 16156 -01 0.300 Acres Revised November 21, 1995 9.7 EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM 4 DENTON CREEK PRESSURE SYSTEM PHASE III /KIRKWOOD BRANCH PUMP STATION PARCEL NO. 20 BEING A PUMP STATION SITE SITUATED IN THE REMAINDER OF A CALLED 315.691 -ACRE TRACT OF LAND DESCRIBED 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 reference 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 O2° 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 °56'00" E, a distance of 86.61 feet; THENCE S 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 89° 56' 04" E, a distance of 114.99 feet to the POINT OF BEGINNING and containing 0.300 acres of land or 13,086 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: Es e Huston & Ass• fates, Inc. OF y� / jr •tP. ' �� * :tP 4\ ' tg di G. DENNIS QUALLS 4276 •``* • r Surveyor's Name: G. Dennis Oualls "gti Registered Professional Land Surveyor, Texas No. 4276 Date of Survey: October, 1993 • Page 1 of 1 , r :I .R.D. PRICE SURVEY, A -1207 --e - DENTON CREEK REGIONAL - rLOi:ATION_ TARRANT COUNTY, TEXAS WASTEWATER SYSTEM 3EASEMENT ACOUISITION "A" 0.300 AC. 13086 SQ.' FT. DENTON CREEK PRESSURE SYSTEM ,WHOLE PROPERTY ACREAGE: 312.218 AC. PHASE HI PLAT OF EXHIBIT "A" PARCEL BRANCH PUMP STATION PARCEL NO. 20 ii CITY OF SOUTfILAKE 3 W. MEDLIN SURVEY 667 NORTH CARROL AVENUE ABSTRACT NO. 1058 SOUTHLAKE, TEXAS 76092 POC " A' :r FIP 3/4" VI O CO N (T p c. r m N N 89'56'04" E 114.99' PO8 ' A' 7 7- 7- ./ -" V i ll z 5 02'11'25" E o 7 7 7 7 7 7 22.75' 8 i ° EXHIBIT "A" °° I � , PUMP 7 r rn d' STATION SITE Z Z V0.306 AC Z Z i rn s r * f 13.086 SQ. FT.7 ` ° o 9 _ � n S 89'56'04" W 154.97' �A C� �y O 1v1TP —IBM PHASE 11 IL & 111 JOINT VENTURE TRACT ONE "A" nn F� (CALL 31 5.691 AC.) - " Az VOL. 8995, PG. 1268 z D.R.T.C.T. "' R.D. PRICE SURVEY ABSTRACT NO. 1207 MAP OF WHOLE PROPERTY AND TAKING EFE EePe3Tr J �PiST;&9:`Fy .1 Huston 8c I 6 . Qti Fd _S Agso C orry . Ins. Eng '/ A >r sr r. vi�onmenlu/ C onsul /on /s 1 -� -� I 1 01500 ' IroT1 Drive. S,.,ir« 230 G. DENNIS QUALLS L Oo 1/os Texos 75240 (274 ) 367_ G. Dennis Qu Ils, •.P,L.S. 4276 \ "-.:5,:',. 4276 P"' PREPARED BY __ GC 4,Q25 , , ( "9,S;a'. ES S‘9 ocl CHECKED BY _ JW SCALE: 1" = 50' ° SUR`l -° DATE REV 4/1511998 � 1^ � E.H. & A. JOB /TRACT 16156 /PMPSTA _ PREPARED FROM PUBLIC RECORDS I _ • D199048051 SAFECO LAND TITLE CO 8080 N CENTRAL EXPWY 500 DALLAS TX 75206 r.� - W A R N I N G - T H I S IS PART OF THE OFFICIAL RECORD - -D 0 NOT D E S T R O Y I N D E X E D - - T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: SAFECO LAND TITLE CO RECEIPT NO REGISTER RECD -BY PRINTED DATE TIME 199161748 DR2A T008322 02/26/99 12:28 INSTRUMENT FEECD INDEXED TIME 1 D199048051 WD 990226 12:28 CK 17649 T O T A L: DOCUMENTS: 01 F E E S: 17.00 B Y: 4;?!: 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. 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: 6—al— I , 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 No /100 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 11 day of 3 1.1 t , 2012. CITY OF SOUTHLAKE, TEXAS BY: N 11611-1 i TITLE: M (41I Dig 'WO YV1 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF T14ZR.K4i'fl § Before me, the undersigned authority, on this day personally appeared n() tlED50e , 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 i'V\A' O -MO TeW\ 6 r•I of SourIitigI<C. Given under my hand and seal of office this P1 day of �uNC , 2012. A E s4 '/,$%\ T. RIGGS e o h 0. 4� Notary Public tr j * :* STATE OF TEXAS o =;".•. • y= My Commission P ' "'�' , : Expires 08/01/2013 xas Notary Public, State 4 oaaeaa noa000aaoaaao4oaoovcaoao*4**9•0 Page 2 • • • Permanent Meter Station pact (Fee Simple) D-3024 Walter D. Beall Survey, A42 EH&A Job No. 1616601 • • 0.045 Acre December 19, 1996 EXHIBIT DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSUF)E SYSTEM PHASE ill PARCEL NO. 30 DESCRIPTION BEING A 0.045 ACRE PARCEL OF LAND IN THE WALTER D. BEALL SURVEY, ABSTRACT NO. 92 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 COUNTX TEXAS. SAID 0.045 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 5/8 Inch iron rod found for the northeast comer of said Jones tract, same bekg the southeast comer of a called 10.90 acts bract of land conveyed to Craig Chipman and recorded In Volume 731, Page 546, DRDCT. Said Iron rod also being In the east line of said Beall Survey; THENCE S 00' 21' 5T W, with the east tins of said Jones tract and said 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 810, page 257 ( DRDCT), said addition was formerly known as Green Acre Estates, 2nd Section, per plat recorded In Cabinet B, Slide 250 ( DRDCT), and continuing along the common line between saki Jones tract and said addition, for a total distance of 565.00 feet to the POINT OF BEGINNING; THENCE 8 00' 21' 5T W, continuing along said common line, a distance of 35.00 feet! THENCE departing said common line and crossing said Jones tract the following three courses and distanoes: 1) N 89' 38' 03' W, a distance of 56.00 feet; 2) N 00' 21' 6T E, a distance of 35.00 feet; 3) 8 89' 38' 03' E, • distance of 58.00 feet to the POINT OF BEGINNING and containing 1980 square feet or 0.045 acre of land. A plat of even date herewith accompanies this description. Page 1 of 2 • Permanent Meter Station Ttact (Fee Simple) D 3024 Walter D. Beall Survey. A-82 EH&A Job No. 1615641 0.045 Acre December 19, 1996 EXHIBIT 'A' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE I11 PARCEL NO. 30 DESCRIPTION SURVEYOR'S CERT1FICATe TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBUC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 18 TRUE AND CORRECT. Company Narr►e: spot. K & Associates. Inc. ■ ey: OF Surveyors Name: John Strawbridge JOHN STRAWBRIDGE \� 4 4283� R egistered Professional Land Surveyor, Texas No. 4283 4 '1- Date of Survey: October. 1993 Page 2 of 2 SURVEY: WALTER D. BEALL, ABSTRACT 82 DENTON CREEK REGIONAL LOCATION: DENTON COUNTY. TEXAS ■ WASTEWATER SYSTEM EASEMENT ACQUISITION: "A" 0.045 AC. 1960 S0. FT. "9" 0.083 AC. 3830 S0. FT. PRESSURE SYSTEM , DENTON CREEK WHOLE PROPERTY ACREAGE: REMAINDER PARCEL PHASE 111 \SECTION 111 PLAT OF EXHIBIT "A" & "B" PARCEL NO. 30 CRAIG CHAPMAN 5/8" I.R.F. (CALLED 10.90 AC) CITY OF SOUTHLAKE VOL. 731, PG. 548 i� 687 NORTH CARROL AVENUE D.R.D.c.T. �--- POC 'A I 1 SOUTHLAKE, TEXAS 76092 • POC 'B' N , _ V e.. / • 73 1 'O. 1 2 MAP Cf EMORY JONES & WIFE, /13 "iM°LE PP0POtTY ELNORA JONES . (CALLED DATED 5 91 5- 52 CEDAR LANE VOL. 380. PG. 411 D.R.D.C.T. It (60' R.O.W.) •AA' k i s 20 19 s c fdt 18 C . '4 0. 0. . . POB 'B' ` ° EXHIBIT T1 S 00'21'57 W 35.00' 1 eARV O Ns1Rucra, • , POB 'A• T2 N 89'38'03' W 56.00' EAS€M(NT "' 1 2 3 T3 N 00'21'57" E 35.00' 17 pr T T4 S 89'38'03" E 56.00' PALM LANE T5 S 00'21'57" W 55.00' I ' Te N 89'36'03` W 66.00' EXHRAT "A` (60' R.O.W.) T7 N 00'21'57" E 55.00' PERMANENT ME1ER ' - T8 S 89'38'03' E 66.00' SWIM t 20 19 t8 „ DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS PLAT. gti0 , Elalk SWUM & -,--- OF `— '1 ■ EnQ p • En virortrr+entot Conwltonts * � if S 1J8OO ont fbrt 0, *., Solt. 2JD John Strawbridge R.P.L.S. 4283 ;, ks Dallas, Texas 75240 {072) J37 -0771 � JOHN STRAWBRIIDGE 4 4283 r PREPARED BY DRH SCALE: 1" .. 100' ' { * ° o +ro ,, CHECKED BY JS ∎94'p'' "4. , , DATE 12/11/96 0 sa' too' 200' ` SUS , .• ` E.H. & A. JOB /TRACT 16156 ►ARCE.SD.M °`' 2 '""°° " • + 0-3024810.4010 SCANNED DOCUMENTS General Warranty Deed Name of Project: DCRWS- Denton Creek Pressure System Phase III. DC002- Section I DC003- Section II DC004- Section 1II DC005- Kirkwood Branch Interceptor & Meter Station Proi ect Subsystem # DC005 Parcel #30 Unique Identifier Number: DC005 -30 $23.00 Rec. WO STC /GF97100259 /Unit 108 /MH 041592 GENERAL WARRANTY DEED (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) Parcel # 30 GF# 96100343 Stewart Title THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § 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 (S1,500.00) 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 shalt exist, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto CITY all certain land described in Exhibit "A ", 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 bind 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 1 q day of , 19 a . BARRINGTON HOMES, INC. I I ! :�.. :..M BRAD BARRIN ' TON, PRESIDENT ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § 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 Homes, Inc., a Texas corporation, known to me to be the person and officc 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 ID day of 11/114P , 1997. ary Public, State of Texas JAMES W. CULLAR 111 t * * NOTARY PUBLIC State of Texas %Pr 0,1 + Conlin. Exp. 03.4 8-2000 Printed Name • My Commission Expires on the day of WP61 / 1 dart on/3 0/deed&c.t oel4/9/97k o • • Permanent Meter Station Tact (Fes Simple) D-3024 Walter D. Beall Survey, A-82 EH&A Job No. 16158-01 • • 0.045 Acre December 19,1996 EXHIBIT 'A' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSUF}E SYSTEM PHASE 111 PARCEL NO. 30 DESCRIPTION BEING A 0.045 ACRE PARCEL OF LAND IN THE WALTER D. BEALL SURVEY, ABSTRACT NO. 92 AND BEING PART OF A CALLED 79.21 ACRE TRACT OF t.AND CONVEYED TO EMORY JONES AND WIFE ELNORA JONES (JONES TRACT) AS EVIDENCED BY DEED RECORDED IN • VOLUME 360, PAGE 411 OF THE DEED RECORDS OF DENTON COUNTY TEXAS. SAID 0.045 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 618 Inch kon rod found for the northeast comer of said Jones tract same being the southeast comer of a caled 10.90 acre tract of land corwsyed 10 Craig Chapman and recorded In Volume 731, Page 540, DRDCT. Said Iron rod also being in the salt tins of said Beall Survey; THENCE S 00' 21' 5T W, with the east lino of said Jones tract and said Beal Survey, at 242.49 feet passing the northwest corner of Marshall Creek Subdivision an addition to the City of Marshal Creek, per plat recorded in Volume 810, page 257 ( DRDCT), said addition was formerly known as Green Acre Estates, 2nd Section, per plat recorded in Cabinet B, Slide 260 ( DRDCT), and Continuing along the common line between said Jones tract and said addition, for a total distance of 665.00 feet to the POINT OF BEGINNING; THENCE 8 00' 21' 57' W, continuing along said common line, a distanos of 35.00 feet; THENCE departing said common line and crossing said Jones tract the following three courses and distances: 1) N 89' 38' 03' W, a dlstanos of 56.00 feet 2) N 00' 21' 5T E, a distance of 36.00 fast 9) S 89' 38' 03' E. a distance of 56.00 foot to the POINT OF BEGINNING and containing 1980 square feet or 0.045 acre of land. A plat of even date herewith accompanies this desoripdon. • Page 1 of 2 Permanent Meter Station Mad (Fee Simple) 0.3024 Walter D. Beall Survey, A-82 EHBA Job No. 16166.01 0.045 Acre December 19, 1996 EXHIBIT 'A' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE 111 PARCEL NO. 30 DESCRIPTION SURVFYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBUC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 18 TRUE AND CORRECT. Company Name: Espe+r. flu Associates. Inc. By e eissIiairI /' OF e e Surveyor's Name: Jobn Strawbridge JOHN StRAWBR'DOE \ " 71; "8. 471;77, ti �..l:33 Registered Professional Land Surveyor, Texas No. 4283 8 o A � � Date of Survey: October: 1993 • ti Page 2 of 2 • • Temporary Construction —moment D4025 Walter D. Baal! Survey, A-82 EH&A Job No. 16158-01 0.045 Acre • December 19, 1996 EXHIBIT 'B' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE ill , PARCEL NO. 30 DESCRIPTION BEING A 0.083 ACRE PARCEL OF LAND IN THE WALTER D. BEALL SURVEY, ABSTRACT NO. 82 AND BEING PART OF A CALLED 7921 ACRE TRACT OF LAND CONVEYED TO EMORY JONES AND WIFE ELNORA JONES (JONES TRACT) AS EVIDENCED BY DEED RECORDED IN VOLUME 380, PAGE 411 OF THE DEED RECORDS OF DENTON COUNTY TEXAS. SAID 0.083 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a 6/8 Inch Iron rod found for the northwast corner of said Jones tract, same being ti s southeast comer of a called 10.90 acre tract of land conveyed 13 Craig Chapman and recorded in Volume 731, Page 548, DRDCT. Said Iron rod also being In the east Inc I of said Beal! Survey; THENCE S 00' 2V 87' W, with the east line of said Jones tract and said Beaty Survey, at 242.49 feet passing the northwest corner of Marshall Creek Subdivision an addition to the City of MarshaN Creek, per plat reoordsd in Volume 810, page 267 ( DRDCT), said addlllon was formerly known as Green Acre Estates, 2nd Section, per plat recorded M Cabinet B, Slide 250 ( DRDCT), and continuing along said course and the common line between said Jones tract and said addition, for total distance of 655.00 fast to the POINT OF BEGINNING; THENCE 8 00' 21' 57' W, oontlnuing along said oommon line, • distance of 65.00 feet; THENCE departing said common Inc and crossing said Jones tract the following three courses and distances: 1) N 89' 38' 03' W, a distance of 88.00 feet 2) N 00' 21' or E, a distanced 65.00 fast; 3) 8 89' 38' 03' E, a distance of 86.00 feet to the POINT OF BEGINNING and containing 3830 square feet or 0.083 acre of land. A plat of even date hetewlth accompanies this description. Page 1 of 2 Temporary Construction Easement 04025 Walter D. Beall Survey, A-02 . EH&A Job No. 1615601 O,045 Acre December 19, 1996 EXHIBIT'S' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM • PHASE 111 PARCEL NO. 30 • DESCRIPTION SURVEYOR'S CESTIFICATB TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 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 t8 TRUE AND CORRECT. Company Name: .i •..: I • BY: 4 I el I I rf OF Sueyor's Name: , John Strawbridge (� JOHN } ry \` 1 , iF 4283 4 ' 0 I / Registered Professional Land Surveyor, Texas No. 4283 s u Date of Surrey: October. 1993 • • Page 2 of 2 SURVEY: WALTER D. BEALL, ABSTRACT 82 DENTON CREEK REGIONAL LOCATION: DENTON COUNTY. TEXAS WASTEWATER SYSTEM EASEMENT ACQUISITION: "A" 0.045 AC. 1960 SQ. FT. "I3" 0.083 AC. 3630 SO. FT. DENTON CREEK PRESSURE SYSTEM ■ WHOLE PROPERTY ACREAGE: REMAINDER PARCEL PHASE U11\SECT1ON 111 PLAT OF EXHIBIT "A" & "B" CRAIG CHAPMAN PARCEL NQ. 30 (CALLED 10.90 AC) 5/8" I.R.F. (CALLED PG. 548 CITY OF SOUTNLAKE f ` 667 NORTH CARROL AVENUE D.R.D.C.T. P00 'A 1 SOUTHLAKE, TEXAS 76092 POC 'B' ill , ,...., In O . 0 �� c Q 2 NP Ix $ e, '1 e2 13 1 2 MAP OF EMORY JONES & WIFE, *M. VRIOR E PROPERTY ELNORA JONES (CALLED 5 15 AC) CEDAR LANE VOL. 380, PG. 411 'r (60' R.O.W.) D.R.a.C.T. 'E;o+ a 20 19 t d' 18 . ul et.C° :1 14 . -4.1 ar POB 'B' t eir °e Ti EXHIBIT S 89 W 35.00' .0000' TEIAIPOR D T,c . = —,� POB 'A' T3 N 0071'57" E 35.00' 1 2 3 T4 S 89 E 56.00' n PALM LANE T5 S 00'21'57' W 55.00' P !"' T6 N 89'36'03' W 66.00' MINE 'A' (60 R.O.W.) T7 N 0071'57" E 55.00' PERMANENT MUM ' T8 $ 89'38'03' E 66.00' s ( SIMP�)T 20 19 18 DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS PLAT. BLOC , g Isp•pi „ C OF ` � Ass ociates, La V ,/ RL o 't�trili.# `\ Enpl�..rhp t Enriro++m ntor r ~ ! * es k1 IJ800 Auonew.t tkrw, Swr. 2JD John Strawbridge R.P.L.S. 4283 Dolloa, Texas 75240 (072) 397 -0771 • JOHN STRAWBRIDGE �.. PREPARED BY DRH 1" 4" : " Z SCALE: 1 .. 100 CHECKED BY JS ` 4., � r "F, ' L DATE j /11/96 0 50' 100' 200' SU% E.H. & A. JOB /TRACT 16156 PAROa30.0.1 "'nA MOMS 0-3024 Is D-3023 • Filed for Record in: DENTON COUNTY, TX HONORABLE TIM HODGES /COUNTY AFTER RECORDING RETURN TO: CLERK ROWAC On Jun 20 1997 3836 Weeburn Drive At 1 :16pm Dallas, Texas 75229 Doc /Num : 97- R0841592 Doc /Type : WD Recording: 17.00 Doc /Mgmt : 6.00 Receipt b: 19821 Deputy - BRANDIE 1 Scanned EASEMENT AND RIGHT -OF -WAY Emory O. Joneg 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 -1 Unique Identifier Number: DC004 -SUB -1 . i • ..1 1..45117 PG0526 DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE III, SECTION III EASEMENT AND RIGHT -OF -WAY 0 � SUBSTITUTION EASEMENT AND RIGHT-OF-WAY (INCLUDING TEMPORARY BASEMEN FOR CONSTRUCTION} Pared /1I GPM 96100343 Stewart Title STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT WE, Emory Odell Jones, aka Emory O'Dell Jones of Columbia, Missouri, Debby Ray Joan of Trophy Club. Texan. earl William L.Jeaea.ofEdhu. Minnesota. not joined he ein by our wiveAmuse the tmeinsAerdesedhed property emetic:Ma ne pert of our homestead and is our sole and separate property. hereinafter referred to as GRANTOR. for and in consideration of EIGHTEEN THOUSAND THREE HUN DEED MITT AND NO/IOODOLLARS(SI II,3.50.00) and other good and valuable consideration to GRANTOR in bend paid by the CITY OF 90LTIALAKF, • municipal cerpondor► situated in Torrent and Deatne Counties, hereinafter - refereed to as GRANTEE, with its principal office at 667 N. Carrel Avenue. Southlabe, TX 76092. the receipt of which by GRANTOR is hereby acknowledged. have granted and conveyed, and do by these presents inset and convey. unto the GRANTI3B, its successors and assigns. an saement and dghr.of way to lay. construct. inspect. operate. maintain, repair, replace. change, add and/or remove a utility line or lines with all incldeatd equipment and appurterunce% and the hereinafter dinedbed erosion control improvements (IMPROVEMENTS), (all items collectively heteinoflar called FACIL1718S), in, on, over, through. ender and across that curiae land situated in Benton County. Texas. more particrdedy described in Exhibit 'A", attached hereto and merle a pert hereof; together with: the right ofrean aosble ingress and ewes' across GRANTOR'S remaining lend. wrherc necessaryto and Crone the above.describedtrect, the perpcaes of laying. conetnicdng. inspecting. operating, maintaining. repairing. replacing, adding, cheagiag and/or removing said FACILITIES; and a seraperaryootntructioneatmaent, asdetoribed in Exhibil'F'. attached hereto and made a pan hereof; to use in connection with the construction of said initial FACILITIES, said temporary oonaruotion eminent to expire upon completion of construction and acceptance byGRANTEEof said initial FACILITIES. There is included In this grant the right at any time is the future e to lay. cat eruct, inspect, operate. maintain. repair. replace, chance, add and/or remove one or more additional lines of pipe approximately parallel with the that pipeline or pipelines laid by GRANTEE hereunder. no long as said future line or lines are within the confines of the meets and hounds 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 nature to construct, inspect, operate, maintain, repair. asses w Oe �� ! x'547 FG0627 repl ace, ohan. add emdlor remove eoneeete, rock rip rap or ether forms of IMPPOVb3 to prot ect ORANIBF3'S extating od l4ture pipeUnes !coated within orw}jaoest to creches, flultios and oth ernsuwat or mnsaymadewster drainngrcoums looked wino the land area desc ibed in Exhirit A . Tbs mood *w and design ofsay tMPROV 1 Z S are safety wtt6in Ito C1RA fl E ' control and diseratioa 13sIIbQPftOVWil l' Sshsllbecoas auoledwithimthehidb- flowbsuadarl water b*ins®eeursas. T•h.ORANTiBE. at its diooretlon, amsyexoavate and fill within the .sa.mcnt and ro .rode end ,tape the bank: or wags of the wabx dr a i nage cou to I c i l itaoe the IMPR OVBMEM'rs' deign and Integrity. m o phyaioal limits ef ibs IMPR shall be mttirel oonlfssd to the ass d ssvibad in Bx hibtt "A'. GRA NTO R eolmowledgss ttta rho oatsid paid by Q RANTSB is ful a nd find pay for IIIP all ti g h ts o onvcyod herein G RANTO R. GRANTOR'S hei soeculc admis esooessors and as ipus, any lW1y use and enjoy said psemisea e by s aid easeme exc ept that sash use and otljoyntant shall not h coal ltatorimkar tbte W1Atthe ecr eroise ofCRt elghtshemundaraad no temporary or .s stansutbuikIn . struattma er reserv shall be e neote d. pieced oreanalrucled apon, under or aQO� tiro rl�n- a(wayand sata hereb s gnotsd wi thouI GRANThE'S written oonsenl provided ltuthcr. GRANTOR, GRANTO hal m, executors, adntin iatraton. successors and aadgm, ma comtb cot, dedicate and maintai across said eeseaswt and right og wsy s ud marls, alleys, utility linen and lbaoes sa wall not 1nt fire wi th the rose by 4R of said easemerk and rightof -way the the purpose. sforesatd It is fhrther.greed that GRANT may remove f oni th eas aneat any fencers, buildings. structures orotherobstrmeioss which bstm exerdbaeo(ORANTTFS oleich. e a andQRANTEB may trim and out down trees and abrnbbsry in eontwctbon with the ooastructtoa, i nspection, open, tios. taaiaomanegrepaitr.replacement, change, addition and/or removal ofseid FACILITIES, if neceassry. GRAN EE shall Wean up and remove annuli end debris. repair and replace fitness and repair other damages mused by said construction. The essementrights and privileges herein granted shah be perpetual. and .ball constitute covenants running wills the hind and shell be binding upon and inure to the benefit of GRANTOR and ORAN18B. respectively. and their respective heirs, executors. adze *Janitors, successors and assigns and said grant isexpressly excepted from any right of reversion afraid premises under any prior deeds *GRANTOR'S chain offish,. GRANTEE'S rightshereunder may be assigned in whole or is pert to one or more assignees. The temporary oonstreetion easement granted ligroin shall include the right to excavate and fill within the temporary conatruetion easement, but GRANTEE shall replace may fierce; buildings or other structures within the temporary construction easement without cost to GRANTOR. and shall restore tie property which Is subject to the temporary eonstrucdon easement as closely as possible to its condition prior to entry Stetson. Pelee 2 of 6 I II!, • : 4547 PGD62 This iasrtt is escorted and delivered for the purpose ofsutlatitadieg the GRANT in the To Have ond To Hold sections of tidooaseastast end right *foray previously coaveysd to AUTHORITY as recorded in Dooum 1 Numbers 96.800421132. of the Deed Records of Ueaeoe County. Texas. TO HAVE AND TO HOLD the above- dMaribed easement and debtor-way and rights appurtenant theses unto GRANTER. Its successors end ages, used said FACILITIES are declared peeneecetly abeatlened by GRANTEE. in 'winch wort said easement and right-of-way and rights appmfaaaft thereto shall oases sad tertntnets mod revert to GRANTOR and GRANTORS heirs. ezeoutork administrant*, aueeesere and assigns. GRAIITORhorebYb ANTOR.GRANTOR'S holm executors, sdsainiatrators.suoosesersand assigns to WARRAN and FOREVER DEFEND said essereertt and right-of-way end rights appurtenant thereto unto ORANTIER, its aucoessers gad audios, agaiaat ever' person whomsoever tawdrily claiming. or reclaim, do some or any part thereof: It isosProsshruodetstaed Moan rights, oonpayancescram o onarohereinwritten.andnoverbal agretaewsts of any kind shall be binding or recognised or in any way mortify this inseument of oonveyazwa EXECUTED this _ dry of . 1949. EMEINZGRIL Emory Odell Jew Hobby Hoy Jean ARILREEIEEMILAMIRSilail Wilds= L. Jones e. 11 Pores 3 a e r 1 ' 1 • - 547 "G0 629 DENTON CREEK REGIONAL WASTEWATER 8YSTM IpENTON caw= I14TY,RCErrost SYSTEM PRASE 111. SECTION IR EASEMENT AND ISIGITt-0E- -WAY 6uBS1TrU TE0N EASEMENT AND RIGHT -011.WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) Parcel 1 1 GPM 96100343 Stewart Title OIGNATURE ADDENDUM E 17 Odell ACKNOWLEDGMENT erA.TE OF MISSOURI i COUNTY OF ROONE 4 WORE MK . tAttrrif E her+++ on tide dye po loe�y �ypnt knows proved n Moray rte blie. artbmogr (provide detorlptke ofi ryr cord or odor document) to be she wreak god oaks store nenw h mbetsibcd se the fitaerdes tuaemua mod edoeowledid toes ON ha meeomd the some Orr tfte moors end aseitentlart *rots sn mows, In the etpeshr theta nosed. OrtIS i urania 11t SANDAND SEAL ormu* dde 25 for Amyst , to oe MANZIAEtiT B. MAR11NN tr PMYge. iVSmy lest 1 `'�a4 lCr Berm M ti MOW or r AtD Oswdmlee amino Um 21.1000 M w darisn empires an t dty of $ Pones 4 of • • • • 1 11.45 7 FG€3630 DENTow CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK DITERCEPTOR SYSTEM PRASE 11T SECTION ID EASEMENT AND RIGHT-OF- -WAY SON EASEMENT AND *IGRT -OF —WAY (INCLUDING TEMPORARY FOR CONSTRUCTION) Stewart Titb $IGNATUDIC ADDENDUM I Siam ones ACKNOWLEDGMENT STATE OF 1OW ! COUNTY OF t.JSura 1F Wont 111. 1 :SSA "A . Roc u. »wa,i an tuts day penoaaity appsered WEIN9 _I.J sraa Oor rovedeomeon or tinounk. (parade dooip#ca of ideality and co odherdoawseatl to Its tbo person sad oelloe sabots awn is subscribed to tits knowing iheuordeot wad atlenowledged tO an that he saesrRat the tans fin on pupa= one 000eidesatlae tbereia tesprontd. is dim wan* tberda stated. ctviD4 UNC P. MY twos AND SEAL of OL PICNi. Ma 1 4 any or u+►Yf 4.- , to s9 . 12 z ice tard Notary Public. sratsoN tows e, ,7 r-11- [ Mtl1M 0 My aonsadadae swine on tba £ dry arJ 12 j — .tapoO Papa eat e • • "qL PG0 6 3 1 DENTON CURER RsGIONAI' WASrzWATat SYSTEM DENTON CPZEK INTERCEPTOR svIrmt PHASE 111. SECTION 111 EASEMENT AND D1GBT -OP -WAY SESSTITUTION DAS)<,M*Nr AND SIGHT -OF WAY CONSTRUCTION) (INCLwINa ORARY i'T S T POR OH 96100343 Slower! Title Pitted 1 WroNAXIIBILAI Bobby Ray ACKNOWLEDGMENT STATZ OP TEXAS COUNTY OP TARRANT � t nee P cc t1 h dey pe.e t t FplE MR . �t !R of enough _ IM to me OW proved to nor o oeletedly card or odor demote* to let lhs World/ dasetptioe 6ie�tr std a111eo whets a is wf toes 1tregolt8 hietrummt mad acknowledged to me that he executed the a d oen des d don Mean.apeased. in tW � at toitY thyme med. p�.tdlrths 132--.---•r oc ;moot a1Y HAND AND SEA1.w till... -- • Holey Poh Stele of Teats .apk tonth* dad of 7 PtG»sN lammlo � It 5 ti 4Ut:i 3 9 as Pemhsnent Utrfy Easement Pf375113 Widow D. Bad Survey. A-82 !MIA .lob No. 111155.01 1.407 Acre Lurch 17, 1865 Mien' A DENTON CHEEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE PARCEL. N0. 1 DESCRIPTION A 1.407 ACRE PARCEL OF LAND WINO OINERALLY A 30 FOOT WIDE PERMANENT U11UTY E ASEMENT OPP 7145 METROS OP A CALLED 711.21 ACM TRACT OF tAN1D A11 DEEDED TO E MORY JONES AND WIFS ULNORA JONES AS 111003DED IN VOLUME 340. FADE 411 OP 711E DIM RECORDS OF DENTON COUNTY, TEXAS. BEING OUT OF THE WALTER 0. SEAL SUMP/. ABSTRACT N0. 87, P5NTOM COUIPfY. TE)CAB, AND 9EPNO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE at s 618 Inch Iron rod found for the neetheaat corner of said Jonas trot, being dm mula.ast asnwr of a B 10.00 eery mot of land a deeded to Oda Cheer m end ,sends! In wham 731. peps 648, OROCT. bring b the asst Ins or mad Pssi Survey. otr8 being In the writ Eno of the Thomas Kehl/ Survey. Abstract No. 1041 sad the am common to T5355:11100* 3t sr W. with the OM Ins of odd Jones Baal Swum *110 aid Kelly Survey. ss ne• o! 354 73 feet the POINT OF DIGINN IN4 d ge THENCE 5 00. 21 57 W. continua whim the emit ens of said Jonas tract and e10 ehevay llnas a distance of 105.19 lest to • poinU THENCE dmpanln0 the want 11na of sold Kalil" Survey and woman: said Jones treat the fallowing them courses and Metartosat f t S 1 4' sr 45' W. a demos of 84.15 feat: 2) S 50e 21' 57• W. • d.tana of 1840.67 feats on the east el said Jongs tree% no the swat One of said Seel 8 aveyt Wi babte trs,wast One of meld Ketly Bunny. sod belnO on the west lingo! M srshs0 Creek SubdivisismrandieddhlamvotharillepeaMereleall Creek as recorded In Volume 410. pegs 257. ilennedy known as Green Acre Estates. Cabinet A. Slide 135, D11DCT) 714610E 500' 21• 57' W. with 1h. cost Um of said Janes treat, being the west errs of sold Marshal Creek BubdMalen a dhotis. of 30.00 feat to • doll: Who the south'.., maim of add Jones meet. halos the southwest coin of acid Marshal Creek Eubdtvislan. being In the q.1 a Intersection of Marshal Creek Road end Sohaelne Reads w In the caimans TMENCI N Er 81' 20' W, with the south lns of osld Jones tract. tuM11 nest the oenterene of Mershon Creels Reed s distance of 55.00 feat: ' THENCE departing add Marshal Creek Road, end eosin. said Jones Treat the felswing twa • - -- - - -- f . �. • • • 1 f it. 1 54 7 H 0 6 3 3 FND -2/E3 Wa D. So rlty . Ae-82 »t 1916A Job No. 16186.01 11.ssl SwvaY A`42 Merck 17. 1998 1.407 A. 1.407 Aaron minor •A• OENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CRE PRESSURE SYSTEM PHAS El PARCEL NO. 1 DESCRIPTION • sou nma and ellstanaass 11 N C0° 2:1' S E. a dissant% of 1871.44 fanti 2) 18 °L steno of lenda24 had to the POINT OP BEITIM4110 and oentdnin4 1.300 Dace Jahn P. Wilda:. IR.P.L.S. Taxes Registration PM. 4201 • 0 • — a -- - tly • • • • • •.1L Ii 5 7 F60 6 L. FNO -x694 Tamaor.W Censtnmdon Easm eent RHEA A Jae No. 10180 -01 wetter D. Beal Sunray. All Month 17. 1986 3.8E4 Aeres (NW EXNNT '0' DEMON CREEK REg1ONAL WASTEWATER SYSTEM DENTON CREEK PRE08IJRB SYSTEM PHASE III PARCIB. NO. 1 pEZCRIPTION A 3.605 'CPI PARCEL OF LAUD MING A VANAO*E WIDTH TEMPORARY CONSTRUCTION TO E AYES AND WIPE IUIORA JO A3 RECORDED VOLUME 380APAGE 41 OF THE DEED RECORDS OF CANTON COUNTY. TEXAS. WING OUT OP TH1 WALTER D. EEAI. SURVEY. ABSTRACT N0. 02. D810N COUNTY. TEXAS. ANO BEING MORE PA I1CIJIARLY DESCRIBED AS POLtOWSt COMMENCING FOR RL eta 5fs Inch ken sod found for the northeast corner of sold Jenne treat, temp the southeast comet of a Gold 10.80 sore leant of lend ea deeded to Code Tbenns and Survey. Abstract recorded . No. 1. .30 14 731. page end being he the west Ens of the Eau Survey and the 57' 1VSy Survey, distance of 1E99.522 fest to the POINT OF BEGINNING/ the west Eno THOME a of Gran Aare 57' 2 Sst0Me. en addition M the Cite of Manhole Creek rewarded to cabinet 0. slide 2E0. DIIOC1*, a neonates of 2238.53 feet to a point being the southeast wow of said Jones toot. being the southwest awns. of sold Green Acre Estates (resumed Marshal Creek Subdivision I Abatract It0. � being In the neeth line of eke being womanly In �terline 01 Marshall Desk Joseph ed THENCE N t1NB° 51' 2r W with the south line of weld Jana treat. being near the oaMerrne el Manahan Cask Noted a dietena0 of 100.00 feet: THENCE deptr*Ms *std MarshIB Creak Road. end crossing sold Jana Treat the fallowing two casino and distanced 11 14 00 21 E. a distance sf 1882.84 fade 2) N 18e E8' 40' E. a distance el 371.46 Nat 10 the POINT OP BEGINNING a0 aaMSintn3 5.01E sans of land of witch 1.407 acme le fore penaanent uemty easement. leaving a net area of 3.008 cares et land. John P. Milder, ILI .LS. Oahe Tense Renovation No. 4206 -- . . 11454 ;tie ' QENTON CHEEK REGIONAL WASTEWATER SYSTEM warm OtEE$ PREssunc 5T91EM I PHASE III f PLAT OF EXHIBIT "A" 8 » B" ili. ITY CF §OUT1I .M 667 NOHIII CRUM AVENUE SWUIIKAMt. TEXAS Tio02 N WALLED RS MOD A AC) VoL. 731. PG 646 0.eL0.GT. f . 'AO 'Bt. .`.. e ' . - -. • r� POB • ' B' g `fl(EkF ,35y .:y mow "'. CEDAR LANE s POB 'A' tae 'Mat) wowY A wes s VIWG ' L =p tar. ' 1 e C 7921 AC) . -I+ DA= 6 -19-6 r • y01 MO, FO. 411 . GREEN ACRE ESTA7E>f j EI.R.O.C T. - 2 2nd SEGAON „ a'4 4 CA0. t R. T E 250 P g 1e'Se•4¢" W 91.11 2 3 =Caw I PAL/ LANE • 1 v soy - * LW R.o.K) � i 16 4 gi t W i h � ip,.....g 'i 2 � 4. I; 1 z. a F1 UNE SlIEE7 1 Of 3 e/R Tr t•o./ M • Ao0rttirm Ina '•'r - % o r:12:++� s� s ..1 0 ••�• John F. Wilder R- P.L.S. 4285 Us. 71 ,ar PREPARED BY tmp-- SCALE: 1' s tOO CHECKED BY o y o too 2110 r... wac Raw DATE TR 16160 -0t ........ E.H. Qa A. J09/ _ _ 7 - �- T ._ _ ___ .1L1i 5!I-7 I1i 0 G3G M„ W AIM. A-52 DENTON CREEK REGIONAL LOGLttaa' OCNlON town, WWI WASTEWATER SYSTEL, EAap AC010S1Hout -A- ,A07 AR 'C JAN AC. HAT OENJON CREEK PRESSURE SYSTEM reeRE AREApta1Y ACRtASr p.Of AC. PHASE 111 PLAT OF EXHIBIT "A" at "B" - PARCEL NO. 1 CITY Or sarnaAKE 507 NORM OARROL AwaE SOUTKLAKE, TExAS 74052 ilk . MATCH LINE GARDEN LANE - It (40r R.O.Y.) 20 /5 III �tl —_--_ -- , IIM Erfuni lir - t100 3 V , ". A ** IVY LANE (4d 'caw.) - :� •::.. 1 OD - 5 7 4 J el. ti- • . ,I. • . s 2 CHOW JO)'KS ! 1MiL a a d, N i ELKORA JONES ..3^ ( OATED 5-15-52 2 ) vo 350 PO. 41+ MARSHALL CREEK SI►ItDIMADN b R.QC Y. vOL. s,qq PO. 357 x o AS OWN MX EDAM) • w. 0lrlorou.a 1lN a°e we�Iwu..aR . aiE 134) •, :1S : 43 2 -. ,. M ATCH LINE SNEET 2 Or 3 6q. 4r� th steOpp r Y.OuIA Iate arr it f fwwroww.M/M CM+•�e�•ta John F. Wtdar R.P.L.S. 4285 row:6711 e ms" .I21i3%....wp, PREPARED BY OLP SCALE: t" t00' CHECKED SY r y r � w pCH DATE ae •A: ' JO8JTIIACT t4TSi -O( .. , "'�•• I +w a,g nos mum m - '1 - - - - .7-- — --- — - -9F - v -- — _ ' • i • 1. 4 5 i)7 G &37 ` SI MVEY: IL HALL A -Or DEN1144 CREEK AEMO1SAL 1 • LOCATCAlt DITIT011 COO" 1ERAS WASTEWATER SYSTEM LAIERENT Acj)IIga/N}at 'A' Lae? AC h' 3.001 AG KT SERUM CREEK PRESSURE SYSTEM 6140.2 PROPlRTY AISIEAfCs 79. Z1 AG. SERUM IM PLAT OF EXHIBIT "A" Be "B" PARCEL NO. 1 OTY a SOMIHLAKC 007 HMO; CARROL AVENUE ' SOMTNLAKE. TEXAS 7ff912 MATCH LINE . - t l k . N w oo 3 "s N nom= V111110.LI 110110 -• taI/OLIW CON31K'roMa' y OU'K -C' Z d s `$ r m � more JONES & WE. U ^ 3 M 1 2 3 611 A+auES PINE LANE RATIO s 1521 --SR (110 It 073 1• Mo..3f0•P0. [ U 0.RD.O T. 20 1f +f l 1 W W 3 3 g1.0Csi .s 5 h • _ VI % Li MARSHALL CREEK . 252 MEbN 1`I N • O.R 0.RT. 207 • ''7 8 P M0.V MOM 5S 0 ME ACK DINES) .} •.1. 1 2 3 •.. ' A OAK LANE • .S;•• y 'L: • , �i ii I 1Y -"��+ 9 20 1f - '• .. - O.ILI 01[Sf1 w . • � • x 111 S 6 9"31' =9`� .Y' '1. 2 6.00' eta s 1 �3 s A n MARSHALL CREEK ROAD t1 14 59 W 106.0 (VARIABLE MDTH R.o.w.) v.% 1 10 I 11 12 13 14 • .ti % •' 4~i' COUNT ACRE 44 ATEf L • Elak ♦ Affor tax . /a oOiii; l•I•nn Kre . i _ z John F. VWdat A.P.L.S. 4265 u r te.. , ra>r�o al♦ pia -sass PREPARED By GKP CHECKED BY • SCALE: . 1' i. 100' DATE Yy arw ins o so Lo Iw E.H. & A. 4013/TRACT lei Se -o1 ...ft.... ..^ �L �� ..I..N , mos I• WI Imw51 , )1 5 t 1 °� G 3 3 :. • • E OINT oT �R i nt CYHIA MITbEL COUNTY CLERK On Mt N 14t 1 43i. Doe /Ner t BN -RBY@A Doe /Tygo t p p ward warding' 8T R am/NInt t 6 Depu t Na �i19 Deputy - ChristiY 1Y SCANNED DOCUMENTS Easement Aireement 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 # �1 Unique Identifier Number: DC004- oil s2i .00 keL. Easement STC /GF96100349 /Unit 108 /MH 042830 DENTON CREEK REGIONAL WASTEWATER 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 /I00 ($13,200.00) and other good and valuable consideration of GRANTOR in hand paid by the CITY OF SOUTIILAKE, 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, 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 1 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 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 future to construct, inspect, operate, maintain, repair, replace, change, add and /or remove concrete, rock rip rap or other forms of IMPROVEMENTS to protect GRANTEE'S existing and future pipelines located within or adjacent to creeks, gullies and other natural or man-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 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 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, GRANTOR'S 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 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 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 other 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 easement 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 declared 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, GRANTOR'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 whomsoever 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 apli..it. , 1996. BECK PROPERTIES TROPHY CLUB, L.P., a Texas limited partnership By: Beck Properties Communities, Inc. its general partner AO . / f By: , ' ` 1 ,.s Jeff k, ' resident ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public, in and for said County and State, on this day personally appeared, Jeffrey L. Beck, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he is the President of said Beck Properties Communities, Inc. a Texas corporation, and with said corporation being a general partner of BECK PROPERTIES TROPHY CLUB, L.P., a Texas limited partnership, and that 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 partnership. af . GIVEN LJNDER MY HAND AND SEAL OF OFFICE, this _ day of t.- I996. i ha ) Jac-J ,_.�., ._. „.,.. ,s..,..„...7,1"-.7.•.!•.".:`,_-,:.:,.7-- c: *s* w, TISHA HARRIS :; ' a' � ;, Nolary Publle Notary Public, State of Texas * sr wTe of TEXAS �'' a t' My Gommitelos Expires 07.2B.90 • Printed Name , My Commission expires on the day of , 1999 wp61lc:denV7Beck!easemenU 1311 4/96 3/22 3128 418 Permanent Utility Easement FND -2581 Joseph Henry Survey. A -529 EH &A Job No. 16156 -01 0.801 Acres 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 8A AS DEEDED TO BECK PROPERTIES TROPHY CLUB, L.P., AND RECORDED IN DIGITAL INSTRUMENT NO_ R0087516 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: 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 Volume 3302, Page 693, DRDCT; THENCE N 89° 57' 54" W with a south line of said Beck tract, being a north line of said Trophy J.V. tract, a distance of 20.01 feet to a point, being a southwest corner of said Beck tract, being in a northwest corner of said Trophy tract, and being in the east line of a subdivision known as Country Acres Estates, recorded in Cabinet F, page 41, and Cabinet E, Page 172, DRDCT; 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 1743.84 leer to POINT OF BEGINNING and containing ., 34,877 square feet or 0.801 acres of land. SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO 1- 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: Esnev. Huston & Associates. Inc. By: Surveyor's Name: John F. Wilder Registered Professional Land Surveyor, Texas No. 4285 Date of Survey: October. 1993 Page 1 of 1 Temporary Construction Easement FND -2582 Joseph Henry Survey, A -529 EH &A Job No. 16156-01 2.802 Acres October 26, 1995 • EXHIBIT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE II! PARCEL NO. 7 DESCRIPTION BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION 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. R0087516 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 feet to 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 along 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 1743.65 feet to the POINT OF BEGINNING and containing 122,072 square feet; or 2.802 acres of'iartd. � 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: Esoev. Huston & Associates. Inc. By: Surveyor's Name: John F. Wilder Registered Professional Land Surveyor, Texas No. 4285 Date of Survey: October. 1993 Page 1 of 1 SURVEY: JOSEPH HE NR A - 529 , DEN TON CREEK REGIONAL LOCATION: DENTON COUNTY, TEXAS WASTEWATER SYSTEM EASEMENT ACQUISITION: "A" 0.801 AC. "B" 2.802 AC_ DENTON CREEK PRESSURE SYSTEM WHOLE PROPERTY ACREAGE; 559.3807 AC. PRASE III • PLAT OF EXHIBIT " A" & "B" PARCEL NO. 7 CITY OF SOUTHLAKE 667 NORTH CARROL AVENUE SOU THLAKE. TEXAS 76092 I I I I MARSHALL CREEK SUBDIVISION I VOL. 610, PG. 257 N D.R.D -C. T. K " ' (FORMALLY KNOW AS GREEN ACRE ESTATES 91-OC (CAB. "A SLIDE 135) D. R.D. C. T. 18 9 4 5 6 l 7 MARSHALL CREEK ROAD N 89'59'29" E (VARIABLE WIDTH R.o.w.) 70.92' POB 'A' r //✓ 42 POC "B' N• / / / ' - POB 'B' .... '1 -' / / / / 01 '14- • 0 / / / / r-j op _ - / / / n N i ' .4- / / / i .-- d - " . • , r - - - / / . . , 41R ~ ' i / /// • / / / / n BECK PROPERTIES TROPHY CLUB. L:P. ' COUNTRY ACRES ESTATES '' / / / / .. INST. NO. 80087516 CAB- "F ", PG- 41 .'. ' / / / / / (TRACT 8A 559.3807 AC.) O.R. D.C. T. •'. / / / / / , D- R.D.C.T. / / ✓ / / , 40R - ✓ /// ✓ _ f / ' / / PROPOSED VARBLE WIDTH TEMPORARY CON •� / / / . EASEMENT / / / / / PROPOSED 20 NICE • / / / / / / PERMANENT UTUIU TT 39R / / ! / EASEMENT / / / / r 1A AP Of / / / / / - WHOLE PROPERTY • ✓ / / CD LLJ / r / / . 1 c0 . i J ✓ / V' (V/ / / / V) - EASEMENTS • E/ / / . _ _ _ / "'' MATCH LINE SHEET 1 OF 3 • EsPeY, . Hnston & E As•oalstss, Ins. Englnese ng & £nvfranmenfpf Consuffunfs — 13800 Mo .iffer Drive. Suite 230 John F. Wilder R.P.L..S. 4285 Doflos. Texas 75240 (274) 387 -0771 PREPARED BY GKP,AM SCALE: 1" = 100' CHECKED BY JFw DATE OCTOBER 1995 0 50' 100' 200' '" ' I °- ^ JOB /TRACT 16156 -01 RCEL]ORD e1"' , PREPS MOW POU x • • SURVEY: JOSEPH HENRY A -529 DENTON CREEK REGIONAL LOCATION: DENTON COUNTY. TEXAS WASTEWATER SYSTEM EASEMENT ACQUISITION: "A" 0.801 AC. - B" 2.80 AC. DENTON CREEK PRESSURE SYSTEM WHOLE PROPERTY ACREAGE: 559.3807 AC. PHASE III PLAT OF EXHIBIT "A" & "8" PARCEL NO. 7 , CITY OF SOUTHLARE 667 NORTH CARROL AVENUE SOUTHLAKE, TEXAS 76092 / / //' MATCH LINE 36R r /r /f, N / / / f / 35R ' . - t o / / /. •• - / //. t` r� 34R / / /// f / / / / PROPOSED VARIABLE WIDTH TEI.IPOR AR CONS TRU C LION / / / / EASEI.IENT 1 - • / f / O G K f / / / / 6 L / / / / / " / / / / PROPOSED 20' WIDE / / / / f PERMANENT UIU tLITY • 33 EASEMENT .� //Z. BECK PROPERTIES TROPHY CLUB, L.P. / / / / / INST. NO. ROOS7516 COUNTRY ACRES ESTATES / / / / / (TRACE BA 559.3807 AC.) CAB. "E ", PG. 172 / / / / / D.R.D.C.T. 0 R.D.C.T. / / / / / 32 f/ //f �r f f / / 1 CV 5/ f / f 31 / f / _ Z . - • , , , , , , MAP Of / / / / _. MTIOLE PROPERTY ' / / / / .- / / / / / r E.....SEmENTS 1 / / / / / i • ... / / / ./ / I- ) ___ .:•../..,„ •.,„/„/„. ....„,,„ ./ f / / / MATCH LINE SHEET 2 OF 3 E VIM Es pry. Huston em Aosooiatas, Ino. En F., . . rJn y St .�lr,i Con $ U/I an it ' °a lt o: ° . T 7 5 £n 2 ' 4 0 on, . S.mial CZrl -0971 John F. Wilder R. P.L. S. 4285 PREPARED BY GKP,AM SCALE: 1" = 100' CHECKED BY JFW OCTOBER 149 DATE -� PAEPARED FROM PuOLIC ACCORDS b JOB/ TRACT 1995 o 50' 100. 200 ACT 16i5fi —01 ',cu. zu • _ SURVEY: JOSEPH HENRY A- 529 ... DENTON CREEK REGIONAL LOCATION: DENTON COUNTY, TEXAS _. WASTEWATER SYSTEM EASEMENT ACQUISITION: " A" 0.801 AC. "B" 2.802 AC. - DENTON CREEK PRESSURE SYSTEM WHOLE PROPERTY ACREAGE: 559.3807 AC. PHASE III PLAT OF EXHIBIT "A" & "B" PARCEL NO. 7 CITY OF SOUTHLAKE 667 NORTH CARROL AVENUE SOUTHLAKE, TEXAS 76092 \ I { ~ Si -a v C 7- z 1 N y M on N 01'24'16" E 1743.84' cD o \ \ \ S Oiti24'\6 " 1743.85' \ \. vl \ N. N. \\\ \ \\\\\ a\\\ V b i h)_ N. \ \ N. N. \ -S N. N. \ \ \ \ \ \ \ \ \ \ \ ` A \ \ • \ \ \ \ \ N. N. \ \ \ \ \ \ \ \ \ \ S 01'24 W 1743.91 a o o m r r = n D In °vwb ^I-o r v f) in, T -, , io ~ U; (-- O > cy. _ x ,2 - a � °vi rn m rt • w p �o -, (....::. 0 2v coca ) C n c ti m r v _ i SKEET 3 OF 3 ]E'spsyr • Iinsfon b EI A•sosl<atss, Ina. t38 0nsaring A' rn00 Montfort O,i,'. S %!e 230 nror ConsuNon', John F. Wilder R. P.L. S. 4285 138 rfvw. S Dallas, Toxos 75240 (214) S87- -0771 I PREPARED BY GKP.AM SCALE: 1" = 100' I CHECKED BY JEW DATE OCTOBER 1995 0 50' 100' 200' ------ frf7CPMm rim., OIXYJC RE CORDS A. JOB,/ !FACT 16156 -0* �.nc c. After Recording Return To: Stewart Title North Texas 5728 LBJ Frwy., #260 Dallas, TX. 75240 Attn: M. Hyman /10B '.•:Y R rl..�p�l`� i17f1�tr P $Tr) M TtfE Ir4E.sato, tAt• un 1• f r ; jyg toECAUSE Or cocoa Oil pMJll tr �S a1 A U fJtiOEAFEDEAALLANL Ot� HL 7AtF � •ry .� he yl ctnekio i MxninWneRLED In Ito Nom ;b1, -re anrrr IN tin a mr,r :r! r'.wn by snd Vir duly REMIT:: Orra::! 1• utw:4aIrrlaMd.�i c- ,�.... County. r!)m on JUN 2 4 1996 �� DFkfy Filed for Record in: DENTON COUNTY, TX HONORABLE TIM HODGES /COUNTY CLERK On Jun 24 1996 At 12:39pm Doc /Num • 96--R00428:30 Doc /type : LAS Recording: 21_00 Doc /Ngmt : 6.00 Receipt H: 19702 Deputy — MARY a Scanned EASEMENT AND RIGHT -OF -WAY Trophy Lake LTD 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. # SUB1 -8 & 27 Unique Identifier Number: DC004- SUB1 -8 27 41111 n.s-r• 6153 01563 • DENi'ON CREEK REGIONAL WASTEWATER SYSTEM j, DENTON CREEK INTERCEPTOR SYSTEM PHASE III. SECTION ILL SUBSTITUTION EASEMENT AND It/CRT-OF-WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) Parcels OS and 27 073068 STATE OF TEXAS ¢ KNOW ALL MEN BY "I'MESE PRESENTS: COUNTY OFDENION 1 • THAT TROPHY LAKE LTD.. a Texas limited partnership, acting heroin by and through • Briscoe Clark Co. LTD., its Genera{ Partner. Clark Briscoe Development company, its General Partner. hereinafter referred to as ORANTOR, for and in consideration of TWENTY TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS (522,300.00) and other good and valuable consideration to GRAN[tOR in hand paid by the CITY OF SOU1'HLAKE, a muudelpal corporation situated in Tarrant and Denton Counties. hereinafter rd fbrred to as GRANTEE, with its principal ollloe at 667 N. Carroll Avenue, Soudtiake, 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, iu successors and assigns, an easement end tight -of way to day, construct, inspect, operate. maintain, repair. replace, change, add and/or remove a utility line or lines with at incidental equipment and appurtenances, and the hereinafter described erosion control improvements (IMPROVEMEN SX (all items collectively hereinafter caller! FACILITIES), in, on, over through, under and across /hat certain land situated ha Denton County, Texas, more particularly deswibtd in Exhibit, "A" and "C ", attached hereto and made a part hereof together with: the rigid of reasonable ingress and a grefa across GRANTORS r ainaining land, where necessary to and host the above - described trivet, for the purposes of laying, constrnct{ng, inspecting, operating, maintaining, repairing replacing, adding, changing and/or removing said PACILITIES- nod a temporary construction onaement, as described in Exhibits ibita •B" and D. attached hereto and made a part hereof to use in connection with the construction of said Whitt' FACILITIES, said temporary construction easement to expire upon the eerier to occur of (I) completion of construction and acceptance by GRANTER of said initial FACILITIES or Oil one (1) year after the date this document is executed. There is included in this grant the right at any time in the tbture to lay, construct, inspect. operate. maintain, repair, replace, change, add and/or retrieve one or more additional lines of pipe approximately parallel with the Brat pipeline or pipelines laid by GRANTEE hereunder. so long as said fixture line or lines are within the confines oft meets sad bounds description contained in Exhibits "A" and C. For erection control purposes. Ike easement rights granted and conveyed herein to GRANTEE shall also include the right at any time in the future to construct, inapect, operate. maintain. repair. wow '1 • ', 4153 01554 • replace, clamps, odd st d(or remove concrete, rock rip rep or other foams of iMPROV EMENTS to protect GRANTEE'S adobe; and &tare pipelines located within or sdjaeout to creeks sump end • " other matured or mapnade water drainage courses located within the land area described in Exhibits "A" end "C ". The need dbr end design of any IMPROVEMENTS are solely within the GRANTEES control end discretion_ The IMPROVEMENTS shall be constructed within the high -Sow boundaries of said water drainage courses. The GRANTEE, at its discretion. may excavate and 1111 within the easement and may grade and slope the banks or wells of the .rater drairege courses to ficilltate the IMPROVEMENTS' design and Integrity. The physical limits of the IMPROVEMENTS shall be entirely confined to the area described in Exhibits "A" and "C". GRANTOR acknowledges that the consideration paid by GRANTER is !UR and find payment fbr all rights conveyed herein. GRANTOR, GRANTORS berm executors administrators, successors and assists*, may Ally use • and eaJoy said premises encumbered by said easement, except that =Oh use and enjoyment shall not hinder conflict or iaterlbra with the exercise of GRANTEES rights hereunder sad no temporary or pinnate= building, stew:t ra or reservoir shalt be erected, plated or constructed upon, under or avow the debt-of-way and easement herein grunted whittler :RANVTRES cerium consent provided Anther, GRANTOR. GRANTOR'S heirs, executors, adminiatrators, successors and assigns, may consttutt. •dedicate and maintain smote said easement and right-of-way such roads, alleys, utility • Rims red d ooas an will not interfere with the use by GRANTEE of said easement and rigbt.osewsy for the purposes adbresaid. • It • is timber agreed that GRANTEE may remove Roan the easement any fiances, buildings, structures or other obsltuctivaa 'Melt interline with the exercise of GRANTEES rights herein and GRANTEE may trim and out down trees and shrubbery in connection with the construction, inspection, oboe` etaintenanee, repair, replacement, change, addition and/or removal of said FACILITIES, • if necessary. GRANTEE stmt clean up and remove ail trash and debris, repair and replace fences and repair other damages caused by said construction. The easement rights and privileges beton granted shall he perpetual. and shall constitute covenants =ring with the land and shall be binding upon and inure to the benefit of GRANTOR and GRANTEE, respectively, and their respective heirs, executors, adrtttnistrators, successors and assigns and said groat is expresdy excepted from any right of reversion of said precedes, under any prior deeds in GRANTOR'S chain ofacto. GRANTEES rights hereunder may be assigned in whole or in pan to one or more assignees. The temporary construction easement granted herein shall include the right to excavate and 1111 within the temporary construction easement' but GRANTEE ala11 replace any fences, buildings or outer structures within the temporary construction easement without cost to GRANTOR, and shelf restore the property wtuch is subject to the temporary construction easement as closely as possible to it condition prior to entry thereon. • • 4153 01565 Ms instrument is executed and delivered br the purpose of substituting the GRANTEE In the To Have and To Hold sections ofdds easanant and right away previously conveyed to AUTHORITY as recorded in Domu eat Number 96- R0045t33, of the Deed Records of Foamy County, Texas. TO HAVE AND TO HOLD t abovs.deserated easement and right - of-way and rights appurtestant thereto unto GRANTEE, its successors and assign., until said FACILITIES are declared pernuntentiy abandoned by GRANTEE, kt which event said easement and right- of -wsy and rights appurtenant thereto shaft cease and terminate and revert to GRANTOR and GRANTOR'S heirs, executors, sdndnistsators, successors and assigns. GRAN TOR hereby binds GRAPTTOR, GRANTOR'S belts, executors, adodnisuatorz, successors and assigns to WARRANT and FOREVER DEPEND mid easement and right- of-way and rights appurtenant &veto unto GRANTEE, its successors and easigne, against every person whomsoever taw$sgy chiming, or to claim, the same or any part thereof by, through or under Grantor, but not otherwise. It is expreesbr understood that aY rigida, oonveywtces or covemans errs herein written, end no verbal agreements of any load shall be binding or recognized or in any way mod* this insuusnent of 000veyence: EXECUTED this Col* day or -3 uv-1 . 1998, to be effective May 30, 1996- TRQYIY LAKE, LTD., a Texas limited partnership By BRISCOE CLARK CO.. LTD.. a Taxes limited partnership, Its Gene rat Partner By: CLARK BRISCOE DEVELOPMENT COMPANY a Tuxes corponstton, Its General Partner BY: �-y C 7 Jam en en I P. Brhsee Its: Pront wed, uo...,arms0e+n.s+e.eel",0•2 7s aFaaA wr.san'srse • 4.1.. 1110 4111 • L� 1 -. 4153 01566 I ACKNOWLEDGMENT STAl g OF TEXAS 3 § COUNTY OF DALLAS - .. Defiers me hdZEDA Qr • QA.Pial . on this day personally eppeared • James P. Bnceoe, know* to me (or proved to me on the oath of or other tobath P� &resoles inetttnnut taut ld aakaovdedged to that to bathe n aWtoae owns is a ebacrihed to the he executed the same for the purposes and cona[daratiaa therein expressed. (SVEN UNDER MY IiANtD AND SEAL OF OFFICE. this (v7W day of S 1998. N• {hi , State ofT * li • i Printed . e C ,, My Commission expires on the2day of /0 .1-- wpethaxd erallbcohyteasumentasa GOAL .ub.su seneaeta ... 1 I la . • r 4153 01 Ps/moment Utility Easement FN 0 -2793 J. Ends Survey, Abstract No. 392 €H IA Job No. 18158 -01 0.137 Astray a- January 29, 1998 EXHIBIT "A" DENTON CREEK REO/ORAL WA$TEWATP_R SYSTEM • DENTON CREEK INTERCEPTOR SYSTEM • I i PHASE 1111SECTION 111 PARCEL NO. 8 BEING A FIFTEEN POOT WIOE PERMANENT UTLITY EASEMENT A 0.137 ACRE PARCEL. OF LAND SITUATED IN THE J. EADS SURVEY, ABSTRACT NO. 392 Off DENTON COUNTY, TENAS AND BEING A PART OF A CALLED 210.4829 ACRE TRACT OF LAND AS DEEDED TO TROPHY JOINT VENTURE AND RECORDED IN VOLUME 3302 PAGE 893, OF THE DEED RECORDS OP DENTON COUNTY. TEXAS (DROCT). SAID 0.137 ACRE PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING era paint in the south lira of said 210.4529 acre tract and being the southeast comer al a trod eland conveyed by Trophy Joint Ventura lo Triney Learning CeMar tno. and recorded M Volume 3448, Page 410, DROCT and being Lot 1, Stook 1 of Trinity Learning Center Addittork an Addition recorded to Cabinet 1, Paps 229, of the Map Records of Donlon County. Texas, and being i t the north line of Village Trail (0 60 fool right of way) from which a found 5/6 -Inch iron rod bears S 13. 10" 27" W. a distance of 0.42 feel; • THENCE N 12" TIT 21" 0, along the east tine of said Trinity Learning Carder, a distance or 15.02 'eat to a point RI a circular curve to the telt having a radius of 1,482.70 feet; THENCE leaving said line and along maid curve lo the kill having a della angle of 01 38' 37", an aro dlstenos of 41.97 feet and having a chard which bears 8 81. 19" 32" E, a distance of 41.87 feet o the bagtnnlng.of a reverse curve to the right having a radius of 1,381.28 feat; fHEHCE along said maw to ate right having a delis angle al 11 01", an aro distance of 286.89 m et and having a chord which bears 8 78" 30' 50" E, a distance of 2138.46 feel la a point; THENCE 870' 53' 54" 6, a distance or 99.58 feel to a point In the east line or said 210.4629 acre rant, sante being o point In the vest line of a called 11.80 acre tract al land deeded to First Baptist 3hurch of Trophy Club recorded M Volume 1866, Pegs 487, ORDCT: h -IENCE 8 09" 67' 10" W. with said common line, a distance of 15.13 feet to a mouthsest comer of mild 210.4629 acre Tract and the southwest corner of said Beplbt Church and being in the north Ina of VAlaga Trail; 'HENCE N 70. or 60" W, leaving maid cannon One and along the north line of Village Trail, a Ilstance of 91.96 feel to the beginning of a circular curve to the test having a radius of 1,348.28 feet rail whldt o found 5/8 -Inch iron rod bears S 10 58' 22" W, a distance of 0.31 feat HENCE oolong the north lire of Village 'rreli and said curve 10 the lea having a della angle of 11 • 4' 01 ", an aro distance of 283.95 feet end having s chord which bears N 78. 30' 50" W. a distance 4 283.63 feel to the beginning of a reverse curia to the right having a radius of 1,497.70 feel; 'HENCE along the north line of Village Trail and said curve to the right having u dells angle 0101' 25", an arc distance of 42.89 feel end having a chord which beers N 81" 10' 38" W. a distance d 42.88 feet to the POINT OF BEGINNING. and containing 0.13/ acres, or 5,975 square real of and, morn Of lose. Page 1 of 2 • • • 1 4153 01.568 • Pernamenl UMW Eeeemenl FN 13.. 2793 J. Ueda Survey. Abstra t No. 392 EH$A Job No. 181613.O1 0.137 Acres January 29, 189e SURVEYOR'S CERTIFtCATe TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 00 HEREBY ConTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACT1)AI. AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME It; TRUE AND CORRECT. Company Hares: Elves. l Fission a Aasoclatea. Ina. B c2, �f:a.�4.o• Survsyora Name: Jahn F. Wllyer _ y +n t o. Registered Professions* tend Surveyor, Texas No. 4285 2116 o ter Gate of Survey: October_ 1993 Page 2of2 .• • 4153 01569 nporary Carltnelion Easement FN 0 -2794 :ads Survey. AbsNae�, No. 392 Ef&A Job No. 16156-01 48 Acme January 29, 1996 • EXHIBIT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM - PHASE tIRSECTLON Ili PARCEL NO. 8 10 A $1XTY FOOT WIDE TEMPORARY CONSTRUCTION EABEMEN1 AND A 0.646 ACRE tCHI OF LAND SITUATED IN THE J. EADS SURVEY, ABSTRACT NO. 392 OF DENTON INTY. TEXAS AND BEING A PART OF A CALLED 210.4629 ACRE TRACT OF LAND AS DED TO TROPHYJOINT VENTURE AND RECORDED IN VOLUME 3302, PAGE 693, OF THE ID RECORDS OF DENTON COUNTY. TEXAS ( DRDCT). SAID 0.548 ACRE PARCEL OF 0 BEING MORE PARTICULARLY PE8CRI6HI0 AS FOLLOWS/ • iMENCING for reference at point In the south Ilse al sold 210.4629 acre tract and being the tel comer of a Iced of lend =swayed by Trophy Joint Venture to Trinity Learning Center ins recorded h Volume 3445, Page 410, DRDCT and being Lot 1. Block 1 of Trinity Looming ler AddlUbn, en Addition recorded In Cabinet I, Page 229, of the Map Records of Danton ti nty, Toes, and being in the north Una of Village Trott (e 6O fool right of way) from which a found nth Iron rod boars 1313' t0' 27' W, a distance of 0.42 teat NCE N 12 211' 21" 6, along the east line of said Trinity Learning Center, a distance of 15.02 to the POINT OF BEGINNING: 40E14 12' 28' 21" E. continuing along said ins, a dialanca of 80.09 Met is a poird in a circular lo lie lea having a callus o1 1422.70 feet; 106 leaving said line and along said curve to the left having a delta angle of 01 29' 02 ", an lalsncs of 36.86 teat and having s chard which bears 6 81.23 19" E. a distance of 38.65 feet ! beglnning of a reverse curve to the right having a radius of 1,421.26 feet; 4CE Along said curve hew right having adobe angle of 11'14' 01 ", an era distance of 278.65 and having a dtord which beers S 78 30' 50" E. a distance of 278.21 feat 10 the point of to 405 870 63' 60" 6, a distance or 79.90 feel to a point in ha east line of said 210.4629 acre same being et point to the wad lute of a celled 11.60 acre tract of land deeded to First Espial A of Trophy Club recorded In Voltage 1966. Page 467, DRDCT; ICE 8 09• 57' 10" W. with aald common line, a distance of 90.77 feat to an angle point iCE 14 70 5Y 50" W, leaving sold common Iina, a distance of 99.56 feel to the beginning of ular curve to the left havinng a radius of 1.361.26 feel; ICI along said curve to the left having a delta angle of 11• 14' 01", an arc distance of 266.69 nd having a chord which bears 14 76' 30' 50" 1N, a distance of 266.46 feet to the beginning of rise curve la the right having a radius of 1.462.70 feel: ICE along said curve to the right having a delta angle of 01' 36' 37 ", an arc distance of 41.67 and having a chord which bears N 61 19' 32" W, a distance of 41.67 feet to the POINT OF NNJNO, and containing 0.546 acres. or 23,905 square feel of land, more or lass. Aage 1 of 2 -MEL 4153 1 570 Temporary Construcllon Easement FN 0.2794 J. ES Euva,y. Abetted No. 392 MLA Job No. 18158.01 __EMS Acme .lanuary 29. 1996 ' 1,Jf;VEYOR'S CERTIFICAT]: TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DD 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. Camp•nSl Nasnec ....._Esrlev. Huston & Associate'. Ina. Surveyors Nemec John F. Wilder �,7•'�ir ry 40t-e i 4:i.OSR Registered Professional Land- Surveyor. Texas too. 4285 11,4,.:" v.t%i2 Date of Survey: October. 1993 • • • • • Page 2of2 _�■ • 4153 01571' Yi .1 FAR! A + ]9 2 OEN:DN CREEK REGIONAL iQk VEMTOH CDUN/Y, TE *h WASTEWATER SYSTEM BIT 1101RA' 0.1 3 AG 73 70. Ft 'a' 0•'54¢ AC. 230VS se. F t. PRa/60hf sestsstt'. .44EY A.C. OEHTON mew passim SYSIT�M PHASE 10 /SECRDN 11 I + PLAT OF EXHIBIT 'A" de "B" " PARCEL. NO. C .t, ti 013 OF 30NML4MC 007 NORM Comm AMMO �_..: . ••••§L $ J Ara. TEAS 70092 0r I. BLOCK 1 TROPHY JOINT VENTURE LEARNING CENTER Va. 3302 PO. e03 ACO1TIOH (CALU,LD mom AC.) At$. t. PO. 229 URA.C.T. M.R. D. C. T. now* -r LieftlettIO CSIe7ER • h anir�re twf 3146. PO 410 • to 1.0500 AG) -. t t = _ ta.rr • _ a0�' %0' t rem aAPTIST CHURCU n• +4e of r - CF MOPNY ONO C41 �w� Pgr VOL. MS. PO. 461 V!( Gi S >17i37 3 :7 -- - ( xO a N.40 AC.) PLO, wA" (6o H S ' i 1� r y *� 'V" ' aitwae'. 9(9,1:30 W t r w nsv .w to 6.o Lott CA) C$ Curt. Is the 1.01 . 11112.70 Pe4lt. - t422.70 • 1'311 Ddls 1194' 41.07 Are . 36.03 41.17 da - 39 -09 anew - E C.1. 9 111'23111 !E t ) - • 346.24 11 N 12•1011' E 1:6.02' • 11144° 11 S 9'1340- W 18.19' _ 202.93 203.03 13 N 12'20'21' E 00.09' J N /335.50- W 14 3 4'S7'10 W 00.77' tee t0 the Alght • 1 301$ 42.00 4 2.01 N 41 w Lt l sPer. A .n 1S tfe. 1•• ;..... •• } i 14.' 17. " p :1 ! n« 0.100•001.• r h E. 4 i(d 3 n . Wgd R 1r .1 DEA r. "11x.0 t t ,1116 -.ta�1 LS 126� ... •. .. -... •.... TED BY DC lento SOO. SCAM 1" 7yJ ED BY ow a - ir`!R`'n. � JA1tM$TY. 1046 o goy 100' UFi 108 T 16110 --n1 ,,."..,. oti mks r•"• • • Permanent Way Easement 4153 4 17 2 FN 0-2907 J.'Eada Survey. Abstract No. 392 EH&A Job N0. 16158.01 .1. Henry Seaway. Abstract No. 629 1.008 Acres Revised May 24, 1996 /.r it//rQ /7 '' C ' EXHIBIT A" ' DENTON CREEK REGIONA YMA8TEWATER SYSTEM OE NTON CREE INTE RCEPTOR SYSTEM PHASE NI 1N PARCEL N0.27 • • BEING A FIFTEEN FOOT WIDE PERMANENT UTILITY EASEMENT ANO A 1.098 ACRE PARCEL OF LAND SITUATED IN THE J. EAOS SURVEY, ABSTRACT NO. 382 AND THE J. HENRY , SURVEY, ABSTRACT NO. 529 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 210.4829 ACRE TRACT OF LAND AS DEEDED TO TROPHY JOINT VENTURE AND RECORDED IN VOt.U11bE 330:. PAGE 993, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (OROCT). SAIL) 1.096 ACRE PARCEL OF LANG BEING MORE PARTICVAARLY DESCRIBED AS FOLLOWS: BEG/PINING al a northwest corner of said 210.4629 acre tract. awns being a southwest corner of a called 569.3607 acre tract of lend (neaten.) deeded to Beck Properties Trophy Club LP recorded in Conveyance Number 93- 80087516, OROCT. end being in that east Ina of Block 7 of Country Acres Estates. an Addition recorded In Cabinet E, Slide 172, of the Map Retards of Benton County, Texas; THENCE S 89' sr 54" E. along the north line of Reid 210.4629 acre trail and the south lie of said 559.3807 acre track a distance al 15.00 feel to a point; THENCE S Ot 24' 16" W. leaving said One and crossing said 210.4829 acre tract, a distance of 906.46 feet to a point; THENCE N 89' 64' 413"W, a distanee of 987.21 lest to a paint; THENCE S 00° 05' 29"W. a distance of 411.13 feel to a point; THENCE S. 05' 01 E. a distance of 74.62 feet to a point being in a circular Curve to the belt having a radius of 390.00 seat; THENCE along said curve to thole! having a delta angle of 29° 55' 12", an arc distance of 198.44 feat and having a chord which bears 8 72' 16' 28' W, a distance of 198.19 feet to a point; THENCE S 57°18' 60' W. a distance o148.39 feel to point; • THENCE 8 30' 36' 00" E, a distance of 289.56 feel to a point being Irk a circular curve to the right having a radius of 600.00 feet; THENCE &ong said curve to the right having a delta angle al 1 9° 39' 00'. an arc dbtance of 228.35 feel and having a chord which bears S 20° 46' 30" E, a distance of 225.24 feet to a point; THENCE 3 10° 57' 00" E. a distance of 85.17 feet to a polni In the agreed south tine of said 21114629 acre tract, same being a point In the agreed north fins of a calked 15.0 acre tract deeded to Northwest independent Schaal District recorded in Volume 1070, Page 378, DRDCT, end said boundary line agreement being recorded es Conveyanoa Number 98 - R0022i08: Page 1 of 2 • • i i �. Permanent Utility Essen, (t 1 5 3 0 1 5 7 3 FN D -2807 - .1. Eads Survey, Abstract No. 392 EHAA Job No. 16158'01 J. Henry Survey. Abstract No. 529 1.098 Acres Revised May 24. 1990 THENCE 383' 33' 10" W. along said common line, a distance of 15.06 feet to the southeast corner . of a celled 31.785 acre trail of lard conveyed to Lakeside et Trophy Club Limited Partnership and recorded as Conveyance Number 98- 80010095; THENCE along the east line of said 31.195 acre tract the fallowing seven (7) courses and distances: 1. N 10° 5r OO" W, a dislenoe of 64.00 feet to a point tieing In a circular curve to the left having a radius of 645.00 leek 2. along said curve to the teft having a dells angle of 19. 39'00", ail arc distance of 221.21 feet and having e chord which bear. N 20• 48' 30" W, a distance of 220.12 feet to found 5l6 -Inch Mon rod; • 3. 14 30° 36' 00• W, a distance of 284.02 feel to a found 518 -inch iron rod: 4. N 57° 18' 5ff E, a defence of 52.85 feet to a round 518 -Inch iron rod being in a circular curve to the right having a radius of 395.00 feet; • 5. along Bald curve to the right having a delta angle or 27° 39' 29". an arc distance of 190.87 feet and having a chord which boars N 71" 08' 34" E. a distance of 188.83 feet to a found 518 -Inch iron rod; 8. N 05° 01' 45" W, a distance of 69.99 feet to found 518 -Inch Iron rod; and 7. 14 00° 05' 29" E, a distance of 428.80 feet to a found 518 -1nch iron rod In the north Una of said 210.4829 acre tract and the south line of sled Block 7; THENCE S 89• 54' 48" E, eking aatd common line. a distance of 987.55 feet to the southeast corner of Block 7; THENCE N 01• 24' 16" E, along a west line of said 210.4829 acre tract and the east line of Block 7, a distance of 891.44 feel to the POINT OF BEGINNING, and containing 1.098 earns, or 47,818 square' feet of land. more or less. $IJAVEYOR'SS CERTIFICATC, TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 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 Apo CORRECT. Company Name: • -- •„ z - x7 IOW I #i siETIEdBrf,,, Surveyor's Name: John Strawbridge ' -s °,o c n O d ` 'CO Q ' ; Registered Professional Land Surveyor, Texas No. 4283 Dale of Survey: _ 9ctober. 1993 Page 2 of 2 tanporary Car.struelton 4153 01574 MN 11280e E"arasnt J. Ends St/Ivey. Abstract No. 3g2 EHBA Job No. 15f56 -01 J. Henry Survey, Abstract No, 529 Revised May 24, 1996 4.391 Acres EXHIBIT "B" DENTON CREEL( REGIONAL WASTEWATER SYSTEM DENTON CREFX INTERCEPTOR SYSTEM PHASE IHIISECTION NI PARCEL NO. 27 • BEING A SIXTY FOOT WOE TEMPORARY CONSTRUCTION EASEMENT ANO A 4.391 ACRE PARCEL OF LANO SITUATED IN THE J. EARS SURVEY. ABSTRACT NO. 392 AND THE J. HENRY SURVEY, ABSTRACT NO. 529 OF DENTON COUNTY, TEXAS AND 981N0 A PART OF A CALLED 210.4829 ACRE TRACT OF LAND AS DEEDED TO TROPHY JOINT VENTURE AND , RECORDED IN VOLUME 3302, PAGE 693, OF THE DEED RECORDS OF DENTON COUNTY. TEXAS (DROCT). SAID 4.391 ACRE PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a northwest corner of said 210.4629 acre tract, Isms being southwest comer of a called 559.3807 acre tract of land (Tract 8A) ea deeded to Beck Properties Trophy Club LP recorded In Conveyance Number 03. 80057518.ORt7CT, and being In the east line of Black 7 of Caurrky Acres Estates, art Addition recorded In Cabinet E. Slide 172 of the Map Records or Denton County. Texas; THENCE 3 59 67 8, along the north line of said 210.4620 wore tract and the south line of said 569.3807 acre tract, a distance of 15.00 feet to the POINT OF BEGINNING: THENCE S 80' sr 54" E, continuing along cold common line, a distance of 69.02 feet to a point; THENCE S 01° 24' 18" W. leaving said line, a distance of 986.53 feet to a point•, THENCE N 59° 54' 48" W. a distance of 995.86 feet to a polnt; THENCE S go° 05' 29' W, a distance of 346.45 feet to a point; THENCE 8 06' 01' 45° E, a distance cf 140.55 feat to a point being In a circular curve to the left herring a radius of 320.00 feet; THENCE Wong said curve to the left having a delta angle of 39° 31'05", an arc distance of 220.71 feet end having a chord which bears S 78° 46' 03" W. a distance of 216.38 feet to a pakrt; THENCE S 30° 38' 00" E, a distance of 211.55 feet to a point being In a drool., curve to the right having a radius of 720.00 feel; THENCEalong said curve to the right having a delta angle 0( 10? 39'00". an arc distance of 246.93 feet and having a chord which bears S 20.46' 30" E, a distance of 245.72 feet to a point: THENCE 8 10° 57' 00" E, a distance of 69.90 feet to a point In the agreed south line of said 210.4629 acre tract. same being a point in the agreed north line of a -..gilled 15.0 ecre tract of land deeded to Northwest Independent 5ohool DisIdet and recorded In Volume 1070, Page 378. DRDCT and said boundary Nno agreement being recorded as Conveyance Number 96-R00221118; THENCE S 83° 33' 10" W, atonfl said common line, a distance of 60.19 feet to a point; Page 1 of 2 1 • • Temporary Construction Ea°ament 453 01575 FN 0 -2909 I J.'EadsSurvey, Abstract No. 392 EhMA Job No. 16158 - 01 ( r J. Henry Survey, Abstract No. 529' Revised May 24, 1996 4,391 Ares, THENCE N 10° 57'00" W. leaving said line and crossing said 210.4929 acre tract, a distance of 85.17 feet to a point being In a circular curve to the left having s radius of 880.00 feet; THENCE along said curve b the left having a delta angle of 19° 39' 00". an arc dlstencs of 228.33 feet end having a chord which bears N 20° 48' 30' W,, a distance of 228.24 feet to a point • THENCE N 30° 39' 00" W, s distance of 260.58 feet la a paint THENCE N 57" 19' 30" E. a distance of 48.39 feet to a point being In a circular curve to the right having a radius of 380.00 feet THENCE along said curve to the right having a della angle of 29' 55' 12 ". an ero distance of 198.44 feet end having a chord which bears N 72° 18' 28" E, a distance of 196.19 feet to a point THENCE N 08' 01' 48' W, a distance of 74.82 Peal to a paint; , THENCE N 00° 05' 29" E, a distance of 411.13 feet to a point; • THEME 8 80° 54' 48" E. e distance of 987.21 feet to a potent THENCE N 01. 24' 11)' E. a distance of 908A13 feet to the POINT OF BEGINNING. end containing ' 4.391 acres, or 191,261 square feet of land, more or less. SURVEYOR'S CERTIFICATE TO ALL PARTtES INTERESTED tN TITLE TO THE PREMISES SURVEYED, 1 DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WA$ PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 18 TRUE AND CORRECT. • Company Noma: 11111 ,,, -. .- • By: ._,. F MVP Surveyor's Name: John Strawbridge if 0 ►1N iirim_I�hii i � 7 a!�� y .. o.r�Q , ! Registered Profeaabnat land Surveyor, Texas No- 42113 , . sua.�`- f Date of Survey: October. 1993 Page 2 of 2 .. • • C1. .,... ...._.._ s��Y: `Z F A� * ZS- ....t(Etltra A-S2f no esO.4R71E1 '' On . 33 1 LOCAmp": _ t1l+ Oda to EAS7,41EN p r ACC l 1 .. ^ A ^ 1.006 AC. 4761®,SCLJT. '11 4.391 AC. 1012.1 S4. P T. (WL #115 - 010 111.360 AC)' 0LP 1111 AIlOPERPY ACREAOC 140 AC. D.A.D. D.A.D.. _ PLAT OF EXHIBIT "A" do "B- s1 se9s7 s +' c n.00 POO •A" + Pa s Osrot E 74.6• POO - A. 71 S 07'10'30' w +63W 1 T4 w Os'O!•a6' w 34.91' 71 S e9.17•Se' E 40:02' 1 rl 9, RI f C&0V41 ; 140.367 F . )1. O' TV 1 10' w •$IV I ; g -L . IN •• 577,3 -50- c 62.6'1 - N �v� al N °O'67' w Uio�R• rl t 4 . COWRY ACMES ESTATES CA6. E. SIJO0 172 ��'� ' e • YNA.C.r. r, • S y N .e. 4Ja' 0 NJe4f• f 307.73• - -.. -_ .. . „ . - . d111706 S 037.1r • °nu - is n Mss•.e . fa &.K • • 1 9$ " Ewte.f 10' 0 00 wag u te rRMY Eee5IAlle £7107 TROPHY Jg04T VEMIU E vat_ 350E P6. 103 '� tN•, 10 . C c .- � T. lL. 4.n SA) (C ALLED 210.129 AC.) i`l t y l� i b.R.Q6T. -, c�ljD I "K - tv6++ J �A'D S t)— 392 - E. w G _, ca = s ° 7 2 10 . 36 . 01 Ag r j C42p` PO I/O ..e • 4 ,11 C2 CU.* la the /lleht a rtew. s9stro .0s sJ6'_,:."a ,. • Dello . 2230 M s/0' � .. , .. " - .v+ . 790.67 �� - c... - 1660] .s c 1. CAL '' N "gig 34 E MAP OF 1M1IiOLE CS C.", is w Wed {A) PROPERTY '�• deems • 640.170 d� OMt . 101309' Aft 716.21 Iib„' • O. . 2111.14 69 Oar** 40 the tell OA. . $ 2040'50' 0 tM4Na 310.00 nR f /0" -' C+ Cer"0 eo the 1.441 A� Z 0 . . 7 ds' ma y ' Radii.. - 611.00 CAI, .374 s u s ' re DENTON CREEK REGIWIAL S : . O re = ' 10 1 zi v1' WASTE SYSTEM • ch. - 170.1t CO Curs to the Rt41N DENTO11 GREEIT PRESSURE SYSrOR C.D. - N 20•+6'36' w e0tltgATY LINE Redlus .720.0 PHASE 0l /SECNON 171 Dim - tr's90o' t j • 4AEuesi 2to6 Are .. 4+0.13 PA' L NO. Z'7 ch. .. 4+6.72 0d LIZ n �t.bar. cal - 1 an46 e NCdnsistSr INDEPENDENT CITY OF 30Y7HUIKE SCHOOL AF 01371001 667 NORM CA0 0I, Manta (CALLED 11.0 A -1 50064.AxE. 7EVCAS 76002 r .. � -• ..._ . sot% Pa, 3 !s r` O . /1 7 • Iw: 6 ta►. .. :.11 f / / f -_ - �� 'bt e4iFJ . •• •.. As010a6a tut. \. .I - P VO • r M Elm:: 4.ea� . d• CnManr».nr0r C.n.utrentr t Moo 1...L i �Nlte re -.i -.1 taw.. s , ..a. 250 JAI, SIro •ekl o R .P. .9. 4293 * 11N STIIA i1Ut i CR. e so7 -orrt 4 ': . , _ \ o°•"".• ra r.o r . ..„ .... W PREPARED BY CS SCALE: 1 w 200 , t�'ti. °,e rre. .1 , � V CHECKED BY JS �`' s _ S UTi. g =' , DATE REV 1/24,096 O tart 200' e00' ' E.H. & A. JOB /TRACY 76456 -01 „ .mr.ta .ae.o+ F 1. I . . . . i . . . • • • I • cc Filed MKTOJ ."1:4r%. r liONMAPI.F i CI to Oqk Dor/H■th 9P-c.rir.;x DnetTre. r srv Doc/ii t • . • Scanned EASEMENT AND RIGHT -OF -WAY Trophy Lake LTD 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. # SUB2 -8 & 27 Unique Identifier Number: DC004- SUB2 -8 %Fe 27 - - — - - — • 1110 411 i0L4469 Ps1349 1i6J;;) DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK RNTERCEpTOIt SYSTEM PHASE III, SECTION IIi (ENCLLIDING TEMPORARY EASEMENT FOR CONSTRUCTION) Pared* 0 8 and 27 STATE OF TEXAS (I KNOW ALL MEN BY THESE PRESENT'S: COUNTY OF DENTON $ THAT TROPHY LAKE LTD., a Texas limited partnership, acting herein by and through Briscoe Clark Co_. LTD.. its General Partner. Clark Briscoe Development company, its General Partner. hereinafter referred to as GRANTOR, for and in consideration of TWENTY TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS (822,500.00) and other good and valuable consideration to GRANTOR in hand paid by the CITY OF SOU'THLAI E. a municipal corporation situated in Tarrant and Denton Counties, hereiaafer referred to as GRANTEE. with its principal office at 667 N. Carroll Avenue. South1ake. TX 76092, the receipt of which by GRANTOR is hereby acknowledged. have granted and conveyed. and do by these presents grant sodeonvey, unto the GRANTEE, its succeasors and assigns, an easement and right-of-way to lay, construct, inspect, opeTaGe. maintain. repair, replace. change, add and/or remove a utility line or tines with all incidental equipment and appurtenances, and the hereinafter described erosion control improvesnenta(IMPROVEMENTS).(ail items collectively hereinafter called FACILITIES), in, on, over.through. under and across that certain land situated in Denton County. Texas. more particularly described in Exhibits "A" and "C', attached hereto and made a part hereof, together with: the right of reasonable ing:eaa and egress across GRANT'OR'S remaining land. where necessary to and from tie above - described tract. fbr 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 Exhibits "13" and "D ", 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 the earlier to occur of (I) completion of construction and acceptance by GRANTEE of said initial FACILITIES or (ii) one (1) year after the date this document is executed. There is included in this grant the right at any time in the future to lay, construct. inspect. operate, maintain. repair, replace. change, add asdbr remove one or more additional lines of pipe approximately paral lel with the first pipeline or pipelines laid by GRANTEE hereunder. so long as said future line or lines arc within the confines of the meets and bounds description Contained in Exhibits "A" and "C". Fcs i tro l p the easement rig ad conveyed her ein to GRANTE shat also or ar incl ude con the right at any Ume in the future hts 10 gran construct , in operate maintain, repair i 111110 4110 vot4469 Pei 350 replace. change, add antitor remove concrete, rock rip rap or other forms of TM'PROVEMIENTS to protect GRANTEE'S existing and future pipelines located within oradjacent to creeks, gullies and other natural or Irian -made water drainage courses located within the lend area described in Exhibits "A" and V. The need for and design . of any IMPROVEMENTS are solely within the ORANt'EE'Seontrol 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 widtin the easement and 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 ii IMPROVEMENTS shall be entirely confined to the area described in Exhibits "A" and "C"- ■ GRANTOR acianowledges that the consideration paid by GRANTEE is full and final payment for all rights conveyed Wei*. 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 o I not hinder, conflict or interfere with the exercise of GRANTEE'S righrta s and n o or temporary or permanent building, structure or reservoir shall be erected. p TEE'S wr til. upon. under or across the right -of -way and easement herein granted withoutGiiAN l consent: provided further, GRANTOR. GRANTOR'S heirs. executors. administrators, successors and assigns. may construct dedicate and maintain across said easement and rug Q roads. alleys. utility lines and pwill �lterfere with the use by easement and right-0f- Y for t It is further agreed that GRANTEE may remove front the easement any fenoes .buildings, structures or other obstructions which interfere with the exercise GRANTEE'S rights eo herein an GRANTEE may trim and cut down trees and shrubbery in inspection, operation. maintenance, repair, replacement. change. addition and/or removal of said FACILITIES, if necessary. GRANTEE shall clean up and remove all trash and debris. repair and replace fences and repair other damages caused by said construction. 1 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. GRANTEES rights hereunder may be assigned in whole or in pert to one or more assignees. The temporary construction easement granted herein shall include the right to excavate and fill wi thin the temporary construction easement. but GRANTEE shall replace any fences. buildings or other structures within the temporary constructs on casement without cost to GRANTOR. and shall restore the property which is subject to the temporary construction easement as closely as possible to it condition prior to entry thereon. . ID . 'iiii....- . • — . va[4469 pi( 35 1 This instrument is executed and delivered for the purpose of substituting the GRANTEE ire the To Have and To Hold seed ons of this easement and right of way previously conveyed to AUTHORITY es recorded in Document Number 96- RO04$833, of the Deed Records of County, Testes. TO HAVE AND TO HOLD the above -4eecribed casein ant and right -of -way and rights appurtenant thereto unto GRANTEE, its successors and assigns, until said FACILITIES are deolered permanently abandoned by ORANTP.E, in which event said easement and tight -of - -way and rights appurtenant thereto shall cease and terminate and revert to GRANTOR and GRANTOR'S heirs. executors, admini strators, 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 every parson whomsoever lawfully claiming, or to claim, the same or any part thereof. by. through or under Grantor, but not otherwise. It is expressly understood that all rights, conveyances or covenants are herein written, and no verbs] agraemerrta of any kind shall be binding or recognized or in any way modify this instrument of conveyance. EXECUTED this 3 Th day of ' Z?71r5 . 15199,10 be effective May 30. 1996 - TROPHY LAKR, LTD.. a Testes limited partnership By: BRISCOE CLARK CO., LTD -, a Texas limited partnership. its General Partner By: CLARK BRISCOE DEVELOPMENT COMPANY a Texas corporation. its General Partner By 3 si n.. P. Hrlsene Its: president watvmi.nraovrnorsery ,..wwwsr 7nawib, IIII • • oLw469 F&1352 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS • Before me dialitt NI ;!•a1 on this day personally appeared Jams P. Briscoe, known to me (or proved to me on the oath of .krtesd. r or Hugh (description of identity card or other document) to be ha the perso axac u ted n whose name i ht sub to the fb:egoing rati ioatrument and acknowledged to me that the sam for p urpesea scribed and cons therm cxptessed. GIVEN UNDER MY HAND AND SEAL OF OFFICE. this ft day of 501 . 1999. c bl _ C }� taty Public. State of exas - - -- �, JAMiB W. COLLAR la NOTARY PUBLIC \ 4 State of Thome - -.lu comm. asp 0} 163na0 Printed Name - My Commission expires on the day of i Assnvsitienoissmientorwirossswommosstutawss 7nW80 • Cr W l01.446 0353 • Permanent Utility Easement FN 0 -2793 .1. Ends Survey, Abstract No. 392 EI-I&A Job No. 18156 - 01 0.137 Acres - - January 29, 1996 EXIISIT .. A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM • PHASE IIASECTION 111 PARCEL NO. 8 • BEING A FIFTEEN FOOT WIDE PERMANENT UTILITY EASEMENT AND A 0.137 ACRE PARCEL bF LAND SITUATED IN THE J. EARS SURVEY, ABSTRACT NO. 392 OF DENTON COUNTY. TEXAS AND BEING A PART OF A CALLED 210.4829 ACRE TRACT OF LAND AS DEEDED TO TROPHY JOINT VENTURE AND RECORDED IN VOLUME 3302, PAGE 693, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT). SAID 0.137 ACRE PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a paint in the south line of said 210.4629 acre tract and being the southeast corner of a tract of land conveyed by Trophy Joint Venture to Trinity Learning Center Inc. and recorded In Volume 3445. Page 410, DRDCT end being Lot 1, Block 1 of Trinity Learning Center Addition, an Addition recorded In Cabinet!, Page 229, of the Map Records of Denton County, Taxes. and being In the north line of Vlllege Trail (a 60 foot right d way) from which a found 8/8 -Inch Iron rod bears • 5 13' 10' 27"W, a distance of 0.42 feet; THENCE N 12' 28' 21' E, along the sat line of sald Trinity Learning Center, a distance of 10.02 feet to a point Inc circular curve to the left having a radius of 1,492.70 feet; THENCE leaving said line end along said curve to the left having a delta angle or Oi' 38' 37 ", an arc distance of 41.87 feet and having a chord which bears 5 81' 19' 32" E, a distance of 41.67 feet to the beginning of a reverse curve to the right having a radius of 1,381.26 foal; THENCE along said curve to the right having a delta angle of 11 • 14' 01 ", en aro distance of 258.89 feet and having a chord which bears S 76° 30' 50" E. a distance of 268.46 lest to a point; THENCE 5 70 53' 50" E, a distance of 89.56 feet to a point In the east line of sold 210.4829 acre tract, sauna being a point In the west Ina of a called 11.50 acre tract of land deeded to First Baptist Church of Trophy Club recorded in Volume 1966, Page 467, DRDCT; said 210.41329 acre tract end the south oat distance 1 comer of amid Baptist Church and being In the corner orth Ina of VIllaga Trail; THENCE. N 70' 53' 60" W, leaving said common line and along the north lino of Village Trail, a distance of 91,98 fast la the beginning of a circular curve to the left having a radius of 1,348.26 fest from which a found 6!8 -Inch Iran rod beans S 10. 58' 22" W. a distance of 0.31 feel; THENCE along the north line of Village Trail and said curve to the left having a delta angle of 11' of 283.53 fat to the beginning of u revers. curve to he which 1, right having • radius of 1, feet THENCE along the north line of Village Trail and said curve to the right having a delta angle of 01' 42. feet 25", 8& oto distance of 4265 feet and the OF BEGINNING, end a chord which bears contain g 0.137 acres. or 5,075 square festof 01 land. more or lets. Page 1 of 2 r4L4469 3 FN 0-2793 • J Pernent E ris 9 Su v ey. bowmen► El-MA JJ January 1615 0 .13 1: 7 Acres Survey, phstract N. 392 07 ;�uii�. OR�� GE_R_T!F4SiBT.�. ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 DO HEREBY C THAT THE A OVE LEGAL DESCRIPTION WAS PREPARED FROM PUBL C RECORDS R D FROM O AAC� T A ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS Company Noma: 3:31 V.r j surv.yors Narrta: p S......s i... L 3 Registered Professional Land Surveyor, Texas No 42_Q '. ; k A A pac. Of sun+•y: Page 2 of 2 cr 4111/ 11/ •11304469 PG 1355 • D•2784 Terrtporary FN 0.2794 Construction Easement EHB,A Job No. 1 J. Earls Survey, Abstract No. 392 January 61 6- 0.546 Acres EXHIBIT "5" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE tI11SECTION Ill PARCEL NO. 13 • BEING A SIXTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT AND A 0.646 ACRE PARCEL OF LAND SITUATED IN THE J. EAOS SURVEY, ABSTRACT NO. 392 OF DENTON COUNTY, TEXAB AND BEING A PART OF A CALLED 210.4629 ACRE TRACT OP LAND AS DEEDED TO TROPHY JOINT VENTURE AND RECORDED IN VOLUME 3302, PAGE 693, OF THE DEED RECORDS ING MORE PARTIOULARLY DESCRIBED F CRIBED A OLLOWSID 0.846 ACRE PARCEL OF LAND BEING COMMENCING for reference et a point In the south line of said 210.4829 acre tract and being the southeast comer of a tract of land conveyed by Trophy Joint Venture to Trinity Lemming Center Inc. and recorded in Volume 3445. Page 410, DRDCT and being Lot 1, Block 1 of Trinity Learning n Center Addition. an Addition recorded In Cabinet I. Page 0 f 29, right f t of Map from Records of a fu County, Texas, end being In the north tine of Village Trail t 618 -Itch iron rod bears 3 13' 10' 27"W, a distance of 0.42 feet; THENCE N 12' 28' 21" E, along the east line of geld Trinity Learning Center, e distance of 15.02 feet to the POINT OF BEG INNING; THENCE N 12' 28' 21" E, continuing along said line, a distance of 60.09 fast to a paint In a circular curve to the left having a radius of 1422,70 feet; THENCE a leaving said One end along disttance of38.86feet and having a which Caere S 81" 23 E, a angle istance of 36.85 feel to the beginning of a reverse curve t0 the right having a radius of 1,421.26 feet; THENCE along said curve to the right having a delta angle of 11. 14' 01 ", an aro distance of 276.65 feat and having a chord which beers 8 78° 30' 50" 5, a distance of 278.21 feet to the point of tangency; THENCE 3 70' 53' 50" 5, a distance of 79.90 feet to a point In the east line of said 210.4829 acre tract, same being a point the t Volume called 11.80 0 arse deeded to First Baptist Church of Trophy THENCE S 09' 5T iD" W, with said common tine, a distance of 60.77 feat to an angle point; THENCE N 70' 63' 60" W, leaving said oomrnon line, a distance of 89.56 feet to the beginning of a circular curve to the left having a radius of 1,361.28 feet; THENCE along said curve to the left having a della angle 0 1 1 1 " 14' 01 ", an arc distance of 259.89 feel and having a chord which hears N 76' 30' 50" W, a distance of 266.46 feat to the beginning of a reverse curve to the right having a radius of 1,482.70 feel; THENCE along said curve to the right having a dells angle of D1' 36' 37 ", art aro distance of 41.67 feel and having a chord which ontalning 0.548racres. 19' 3Z W, a distance of 805 square feet of 41.67 feel or to POINT OF • Page 1of2 ' 4 Mk Ps 1 3 5 6 FN 0-2794 Temporary Construction Easement • Ef I&A Ja No . 18158 -0i J. Ends Survey, Abstract No. 392 January 29, 1996 0.848 Acres 1 • SsuaVr=v0 ISS Q-g i I CE TI THATtTE AABOVLEGAU D� CRIPTION WAS PREPARED FROM PUBUC RECORDS AND FROM AK ACTUAL. AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS • - TRUE AND CORRECT. . 1 Company Name: Esoev. Huston 8. Associates. Inc. 1 1 Surveyor's Name: - ,john F. Wilder ..5. „, ... ,.. V .KC :41: t i MI,OER ti..,,!..*d'�i35 '�' i Regtatared Prafeaainnel Lend Suvoyor, Texas No. 4285 �jIA`l � Dole of 8urv•y• nrtnher 1903 ---- • l 1. . • Page 2or2 . 11110 0 AlL 4469 P61 357 ^w� DEttroN CREEK REGIONAL — LOCA11011; DENTON COUNTY. RXAS WASTEWATER SYSTEM LASEIJENT ACOtR51TION ?A 0.137 AC. 5975 SQ. Ff. 'B' 0.648 nC. 23805 SO. F t. DENIOH CREEK PRESSURE SYSTEU YitoUE em:yaw( ACA£ACE: 240.4629 AC. PHASE 111/SEG710 Mt PLAT OF EXHIBIT "A' Ac "8" PARCEL NO. 5 �-L • `a § - ,r'' TY 0< scone.Ah4 . Sb 667 NORTH CARROL AVENUE • 50UT111AK£. TEXAS 78092 ri G 7 o' ,-, N • • , z) c ; . ,�� P ; LOT 1, BLOCK 1 TROPHY JOINT VENTURE TRINITY LEARNING CENTER VOL. 3302. PO. 693 ADDITION (CALLED 2;94029 AC.) • CAB. 1, P. 229 O.R.O_C.F. 1 II. R.D.C.T. 13381/ e' MINTY LEARNNO CENTtR 114.. eN ri0[ 14X0 aer caaiteuCnaw [wr L 3445. PC. A Y i ' ' (CALLER 1.. 0500 00 AC.. ) ._ D.R.D.C.T. ti POB - H - _ =_= s 7 it: — 111°11167------C1 - _ - 6. t A WT 9,� £ FIRST BAPTIST CHUACN - - - OF 11ROJ'NY CLUB 4 �-1LT•4Tl'..RWr - ,� _ Wt. 1966. P0. 467 C;7 - s 'o -ij. (CALLED 11.80 AC.) POB AA V I CE t ! ea B E.' D.R.o.c.r. M j q t a ' O PO �� D "H 7: a s a). s0' 11, 1 11112.7' M o Y/ •III Cl Curve to the tort (A) CS Curve to the Loll Redlue - 1482.70 Radios - 1422.10 Data • 1•31'37' Oelte . 1'29'2' 2 Aro + 41.61 Aro • 36.85 Ch. . 41.47 Ch. . 36.85 C.19. + 9 61'19'32" E C.K. S 81 23 19" C rIIIIIIIIIGIFIF . 1 C2 CutW 10 the RI¢+t (A) C6 Own. to the Right Rodiue •• 1361.28 Rodlve . 1421.26 ONte - F114'1' mole - 1114'1' Aro .• 266.69 Are - 276.55 Ch. • 266.46 Ch. . 276.21 Ga. - 9 7130 a C.8. . 5 76'30'50' £ C3 Cueve to the Lilt - -- Radius - 1346.23 T1 N 12'28'21' E 15.02' • Oetto . 11'14'1' T2 5 4'57'10' W 15.1.9' Ate . 263.95 r! N 12'20'21' E 60.09 Ch. - 263.53 C.B. . H 78'!0'$0" W 14 5 937'10' W 80.77' ` • C4 Cu►w to the Right Redlua - 1437.70 Meta - 1'58'25' Are - 42.66 C7t, - 1 2.66 i C.8. - 14 81'15'38' YJ ti IDePe1s � y' syC's :s y 11111 Almost& iles, 1st*. Huston a . o •• F . . , .�, Cos .n••rrno t nr smsnN C•.ss..rsnr• Jot.h F Wld R P . l ar ..L - 5 4Q8 . .)OH r. ' .J�eO JM r•Ir•rI t o... ! 713 l O.1 h.4" 7eJ•a ' IP %) des -0 ! ' , i .� PREPARED BY o6. t SCAL • CHECKED BY rrty E: 1 . 1 40' - f IQ I DATE JANUARY. 1996 a s0' law 20� •� �7 � ....r. rTr:• rT r alat.AI _ x d os+ S 4111) 1111/ iaL4469 P61 358 • Permanent Utility Easement FM 0-2807 J. Eada Survey, Abslrect No. 392 EHtt.A Job No. 16156 -01 J. Henry Survey, Abstract No. 529 1.098 Acres Revised May 24, 1996 CJt /1r$/7 " C " EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IIIISECTION III PARCEL NO. 27 • . BEING A FIFTEEN FOOT WIDE PERMANENT UTILITY EASEMENT AND A 1.098 ACRE PARCEL OF LAND SITUATED IN THE J. EADS SURVEY, ABSTRACT NO. 392 AND THE J. HENRY SURVEY, ABSTRACT NO. 529 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 210.4529 ACRE TRACT OF LAND AS DEEDED TO TROPHY JOINT VENTURE AND RECORDED IN VOLUME 3302, PAGE 693, OF THE DEED RECORDS OF DENTON COUNTY, • TEXAS ( DRDCT). SAID 1.098 ACRE PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a northwest corner of said 210.4629 acre tract. same being a southwest corner of a celled 599.3807 acre tract of lend (Tract 8A) deeded to Beck Properties Trophy Club LP recorded in Conveyance Number 93- R0007516, DRDCT, and being In the east line of Block 7 of Country Acres Estates, an Addition recorded in Cabinet 6, Slide 172. of the Map Records of Denton County, Texas; • THENCE 5 89 57' 54" E, along the north line of said 210.4629 acre tract and the south line of said 559.3807 acre tract, a distance of 15 -00 feet to a point; THENCE 6 01° 24' 16" W, leaving said line and croysint? said 210.4629 acre tract. a dietaries of 906.46 feet to a point; • THENCE N 89° 54' 48" W, a dIatanoe of 987.21 feel to a point: • THENCE S 00 05' 29" W, a distance of 411.13 feet to a point; THENCE S 06° 01' 45" E. a distance of 74.62 feat to a point being in a circular curve to the left having a radius of 380.00 feet; THENCE along sell curve to the left having a delta angle of 29° 55' 12 ". an arc distance of 198.44 feet and having a chord which bears S 72° 16' 26"W, a distance of 198.19 feet to a point; • THENCE 5 57° 18' 50"W. a distance of 48.39 feet to a point; THENCE S 30° 36' 00" E, a distance of 269.58 feat to a point being In a clrcutar curve to the right having a radius of 660,00 feet; THENCE along said curve to the right having a della angle of 19° 39' 00". an arc distance of 225.35 feet and having a chord which bears S 20° 46' 30" E, a distance of 225.24 feet to a point; THENCE 8 10° 57' 00" E, a distance of 85.17 feet to a point in the agreed mouth Tine of said 210.4629 acre tract, same being a point in the agreed north Ilne of a called 15.0 acre tract deeded to Northwest Independent School District recorded in Volume 1070, Page 378. DRDCT. and said boundary line agreement being recorded as Conveyance Number 96. 80022106; Page 1 of 2 - — W • • J /9r.4469 PG1 359 Permanent Utility Easement FN 0 -2807 1. gads Survey. Abstract No. 392 EH&A Jab NO. 16156 -01 J. Henry Survey, Abstract No. 528 Revised May 24, 1096 1.099 Acre9 , THENCE S 53° 33 10" W. along said common One, a distance of 15.05 fe t 10 tied southeast ts and or a called 31.785 acre tract of land conveyed to Lakeside et Trophy Club recorded as Conveyance Number 95- 80010895; THENCE along the east line of said 31.785 acre tract the following seven (7) courses and distances: • 1. N 10° 57' 00" W, a distance of 84.00 feet to a point being In a circular curve to the left having a radius of 545.00 feet; 2. along said curve to the left having a delta angle of 19° 39' 00", an arc distance of 221.21 feet and having a chord which bears N 20° 46' 30" W, a distance of 220.12 feet to found 5154nch iron rod; 3. N 30° 36' 00' W. a distance of 284.02 feel to a found 5/8 -inch iron rod; • 4. r4 57° 18' 50" E, a distance of 62.85 feet to a found 5/13-inch Iron rod being in a circular curve to the right having a radius of 395.00 feet: • 5. along said curve to the right having a delta angle of 27. 39' 28 ", an arc distance of 100.87 feet and having a chord which bears N 71° 08' 34" E. a distance of 188.53 feet to a found 5/8 -inch Iron rod; 6. N 05° 01' 45' W, a distance of 59.09 feet 10 a found 5/8-Inch Iron rod; and 7. N 00° 05' 29" E, a distance 01 428.80 feet to a found 5/8 -inch iron rod In the north line of said 210.4629 acre haat and the south line of said Stock 7; THENCE S 89° 54'45" E. along geld common line, a dlslance 01 987.55 feet to the southeast corner of Block 7; THENCE N 01° 24' 18" E, along a west line of said 210.4629 acre tract and the east line of Block 7, a distance of 891.44 Feet to the POINT OF BEGINNING, and containing 1.098 acres, or 47,518 square Feet of land, more or less. SURVEYOR'S CE_RTIFICATe TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 130 HEREBY N WAS PREPARED FROM PUBLIC CERTIFY THAT THE ASVE LEGAL ANC F,ROMAN ACTUAO E ANDACCURA R SURVEY UPON THE GROU D AND THAT RE SAME IS TRUE AND CORRECT. Company Name .. . a•. - JOFkN SiRA1M9R1DG€, 4293 14' Surveyor's Marne: ,jo(in Strawbridge \"■• Registered Professional Lend Surveyor, Texas No. 4283 Dale of Survey: October 199} Page 2 of 2 • • VOL 4 469 PG 36 FN 0-2805 Temporary Construction Easement J- Eads Survey. Abstract No. 392 EH8A .lob No. 16156 -01 J. Henry Survey, Abstract No. 529 Revised May 24, 1998 4.381 Acres 6-"X /#5 /? ;45.. EXHIBIT "B" •, DENTON CREEK REGIONAL WASTEWATER SYSTEM • DENTON CREEK INTERCEPTOR SYSTEM PHASE 1I11SECTION 111 PARCEL NO. 27 BEING A SIXTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT AND A 4.381 ACRE PARCEL. OF LAND SITUATED IN THE J. EADS SURVEY, ABSTRACT NO 392 AND THE J. HENRY SURVEY, ABSTRACT NO, 529 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 210.4829 ACRE TRACT OF LAND AS DEEDED TO TROPHY JOINT VENTURE AND RECORDED IN VOLUME 3302, PAGE 893, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS ( DRDCT). SAID 4.391 ACRE PARCEL OF LAND BEING MORE PARTICULARLY • DESCRIBED AS FOLLOWS: - COMMENCING for reference at a northwest corner of said 210.4629 acre tract. same being a southwest corner of a called 559.3807 sere tract of lend (Tract 8A) as deeded to Beck Properties Trophy Club LP recorded in Conveyance Number 93- R0087518, DROCT, and being In the eaet line of Block 7 of Country Acres Estates, an Addition recorded In Cabinet E, Slide 172 of the Map Rucords of Denton County, Texas; THENCE 5 89' 57" 54" E, along the north line of said 210.4829 acre tract and the south line of said 550.3807 acre tract. a distance of 15.00 feet to the POINT OF BEGINNING; • THENCE S 89° 57' 54" E. continuing along said common line, a distance of 60.02 feat to 8 point; THENCE S 01° 24' 18" W. leaving said line. a distance of 968.53 feet to a point; THENCE N 59' 54' 46" W, a distance of 985.88 feet to a point: THENCE S 00° 05' 29" W, a distance of 348.45 feet to a point; I THENCE 5 05' 01' 45" E. a distance of 140.55 feet to a point being in a circular curve to the left ! having a radius of 320.00 feet; THENCE along said curve to the left having a delta angle of 39° 31' 05 ". an arc distance of 220.71 feet and having a chord which bears S 78° 48' 03" W. a distance of 218.30 feet to a point; THENCE S 30° 38' 00" E, a distance of 211.56 feet to a point being In a circular curve to the right having a radius of 720.00 feet; THENCE eking said curve to the right having a delta angle of 19? 39' 00 ", en arc distance of 246.93 feet and having a chord which bears S 20° 46' 30" E, a detente of 245.72 feet to a point: THENCE S 10 87' 00" E, a distance of 89.90 feet to a point In the agreed south line of said 210.4829 acre tract. same being a point In the agreed north line of a coiled 15.0 acre tract of land deeded to Northwest Independent School District and recorded in Volume 1070, Page 378, ORDCT and said boundary line agreement being recorded es Conveyance Number 90- R0022106 THENCE S 83° 33' 10' W, along) said common line, a distance of 80.19 feet to a point; Page 1 of 2 . int4 4 6 9 PG 1 ? 6 1 FN 13-25013 i Trellporary Construct' On Easement EHBA Job NO. 46165-01 J. Ends Survey, Abstract No. 392 Revised May 61 6- J. Henry Survey. Abstract No. 529 4.391 Acres THENCE N 10° 57' 00" W, leaving said line and crossing said 210,4629 acre tract. a distance of 85.17 feet to a point being in a circular curve to the left having a radius of 660.00 feet; THENCE along said curve to the left having a delta angle of 19° 39' 00 ", an arc distance of 228.35 feet end having a chord which bears N 20° 48' 30" W, a distance of 225.24 feat toe point; THENCE N 30' 38' 00" W, a distance of 269.58 feet to a point: THENCE N 57. 18' 50" E, a distance of 48.39 feet to a point being In a circular curve to the right having a radius of 380.00 feet: THENCE av delta ing a chord w Ch bears N 72" 16'26" E a distance of 198.19 feet distance to a p f 1 '44 t feet and ti THENCE N 05' 01' 45" W. a distance of 74.62 feet to a point: THENCE N 00° 05' 29" E, a distance of 411.13 feet to a point; . THENCE $ BB' 54' 46" E, a distance of 987.21 feet to a point; 1 THENCE N 01° 24 16" E. a distance of 806.46 Feet to the POINT OF BEGINNING, and containing . 4.391 acres, or 191.251 square feet of land, more or less. i I 1 2URVEYQR'S i:FRTIFICATF 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: • ' _ r '�,r�I 1`�._ _ _ of ;'yr .;....,s , Surveyor's Nemo: 4 " • JO� �,', N.�T w Rlt ; : ° -.ea i *f�.i Registered Professional Land Surveyor, Texas No. 4283 - ; _ SLJR _ • Date of Survey: October. 1993 l i Page 2 of 2 • 0 Ageorirs_9_1951.1 SURVEY: EMS A -]6>' • Y A -975 BCC ►•O Lut net 0- -$ _• SV •l - -. IYI{ }'� rR0►HY C1U6 W T-OCA110N: DENTON COUNTY. TEXAS TAKr MA V 16R1/0 l LASEA4CH7 At70U151riOrtc'A' 1.090 AG 47516 SQ. FT. 'B' 4.391 AO, 191.231 SQ. TT- C( -" /6)- RE067S1r 6 AG' n wHOt.E PROPER TY' ACREAGE: 146 AC. -._ O.RD.Ar. . P011 "A' PLAT OF EXHIBIT ° A" & "B Ti s 59 a 13-00" r2 5 05 5 4B SD POC 'D' . T3 3 67 'M T4 N 0501 . 4' W 39.19' 15 5 56'37 5 50.02' ) ...T.; 16 $ 0591 E 140.36' s n ' In 17 a 3034o0 " E 211.56' 5 d i � 35 $ 1-03700' E 69.90' ¢ � � 2� • T9 5 63'33' 40' N 60.10' i10 R 57'16'50' f 62.63' 114 $ 105.r00" E 65.11 N ii � { v � Q G i s w 83•33147- ' w 6 Q BLO 7 COUNTRY ACRES ESYATES ■ ■ CAB. E. SLIDE 172 a M.R.O.QL a g • ye 8 4 M M I I RR SA' 1 090 5 967.66' _ - - - N , 614 • to - 561.51' - I5 • ••• 50 16' 1010[ u ROY Mt 1 .' COuir N 40 Noe 1E16+X1.•1Y C. c0w1t11oCR0o Emir TROPHY JOINT E VOL. 3302. P0. D. 693 693 (CALLED 210.4629 AC.) - '. ■ C1 C ury 10 me to (A) D.R.O.C.T. co . 0 A C 3 :. S ch.. 4;:1239312." 56:5 gy TR AGI X10 s • 0.61 4. 5 72+6'26 OF 15,5S N 6 .'.0 C2 Curve to No Rest t •l• OA• . 5 Aetn.l - 36100 R R ap -. 041Ia . 27 a . :. • Ara - 190.67 FA 1/5 Ch. - 18603 MAP OF WHOLE * s III / 6 ae: - H nroe'34^ 5 PROPERTY T , �. \\ C3 y Cor to Ih• Kidd (A1 4 ± a^ 3 R•NUS — 660.00 OMIO - 19•39 d 7. Arc .4 223.33 cit. 4. 229.24 ca CNN* 111• Loft . CA.- 520.46.30'E Radbl -320.00 cott0 - 39:31'00• NA 5/5' . CO Cure to ON Lott Aro - 22071 Ch. - 216.36 Dp4yON CREEK REGIONAL i v. Radium .. 646.00 4L . S 7640 M ci ONto - 111'39'00' WASTEWA1ER S75TEM 4. - 221.21 Cs. - 4 2 w CO C0”0111 10 um 8I961 OENTON CREEK PitESSIIRE 575tEN B0UN0A6r ut+E Rodw• - 720.00 PHASE Nt/SECTION 111 Date • 16 - Z` ACREFA4C11 . • se- Ro022106 a _ sio.i� PARCEL NO. 27 n 1• 0.6.0. C.t, CAL - 6 10•6 5 are OF SOU THLAKE • A 1408044EST INCEPT/WENT 7, 11 eel NORTH C1.RROL AYENUC 5'GHOOI. 06 TRI CT • (ex SOUTHLAKE, TEXAS 76092 Lt ..... 7 0,R.O.C ti 1. _ Arioilifi 1519. , r "o% , ; . Ea .r.•r�..a fr. fn.rpoor•nrel Cemoodlord. 1N 1� � Ii If iE 'i 7,1 ; 06 Mon Noel orr.•. awro 130 J Strove ridge R -P. S. 4283 ,.... i... OWm•. ro• o1 vase e2,..,1 3 +s - 0,9, % + 4203 � 4 PREPARED BY OC SCALE: t 200' ° Fast ^ ,:,� 6 / CHECKED BY n .� - U SR DATE REV 0/24/96 0 100' 200• - E.H. & A. JOB /TRACT 1e15-6-01 „•4-044,. f°'A° tiow1 - 20 vi ft vot.4 n 1 363 3 g34 , - ,LAA s, T - z s2 - 2 9 • • D GOOUNRecord tom C 11 MITCMhL. COUNTY Os1AtNoR sAnpe�4 DDQ /Plus 1 99-R41 Dee /TYpp• 3L Roaordinps peo/MYtt gopuey 111 Ronepy� - FRANCHEHKA Scanned EASEMENT AND RIGHT -OF -WAY Jimmy R McLeod Name of Project: DCRWS — Denton Creek Pressure System Phase III DC 002- Section I DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor &, Meter Station Project Subsystem #DC004 Parcel No. # SUB -9 Unique Identifier Number: DC004 -SUB -9 • 1 l l DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE III, SECTION f I SUHSTTTUTION EASEMENT AND RIGHT - OF-WAY (INCLUDINO TEMPORARY EASEMENT FOR CONSTRUCTION) Fat ♦r -. • STATE OF TEXAS f KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON $ THAT 1 Dr. Jimmy R. McLeod. Paster or First Baptist Church of Tropby Clab, hereinafter referred to as GRANTOR, fbr and in consideration of SEVEN THOUSAND AND NO/100 DOLLARS (57,000.00) and other good and valuable consideration to GRANTOR ht band paid by the CITY OF SOUTHI.AKL a municipal corporation situated in Tarrant and Denton Counties. hereinafter referred to as GRANTEE. with its principal office at 667 N. Carrd1 Avenue, Southlake, TX 76092, the receipt of which by GRANTOR is hereby .rt..rwInieed. have smutted and conveyed, and do by those presents grant and convey, unto inspect, operate, maintain, repair, replace. change, add and/or remove a uuury u.xr v. ....... with ail incidental equipment and appurtenances. end the hereinafter described erosion control improvements (IMPROVEMENTS). (all items collectively hereinafter called PACIL7TTS5). in, on, over, through, under and across that certain land situated in Denton County, Texas, man particularly described in Exhibit "A", attached hereto and made a part hereof; together with: a temporary construction easement, as described in Exhibit B. attached hereto and made a pert 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 FACR.ITIES. There is included in this Spam the right at any time in the future to lay. construct. inspect, operate, maintain, repair, replace. change, and remove additional lines of pipe approximately parallel with the first pipeline laid by GRANTEE hereunder. so long as said future line is within the confines of the meets and bounds description contained in Exhibit' A does not affect any other utilities in place, and does not exceed the carrying capacity of the initially Installed line. 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 rep or other forms of IMPROVEMENTS to protect GRANTEE'S existing and future pipeline located within or adjacent to creeks, gullies and other natural or mart -made water drainage courses located within the land area described in Exhibit "A ". The need for and design of any IMPROVEMENTS are solely within the GRANTEE'S control and discretion. The IMPROVEMENTS shalt be constnucted within the high-flow 1 i.i 1 { 3 0 .J 2 0 1 boundaries of said water drdnage courses. The GRANTEE, at its discretion, may excavate and Sit within the easement and may grade and slope the beaks or walls of the water drainage courses to thciitate the iMPROVEMENTS' design and integrity. The physical limits of the IMPROVEMENTS shall be entirely confined to the area described in Exhibit GRANTOR adtnowled$as that the consideration paid by GRANTEE is tali and final payment far all rights conveyed herein. GRANTOR. GRANT'OR'S heirs, execut ors, administrators, suecenxurs and assists, may linty use and enjoy said premises encumbered by said easement, accept that with use and enjoyment shall not hinder, conflict or interfere with the emends, 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 gran without GRANTEES written consent; provided further, ORA.NTOR, executors, administrators, succeaaors and assigns, may construct, dedicate and maintain across acid easement and right - of-way such roads, alleys, uti hty lines and fences as will not interfere with the use by CITY of said easaaese u+d right - of-way for the purposes aforesaid. It Is tlullter agreed that 1.tKA1v t tC rimy , r.mur. .. ». _.. _ structures or other obstructions which interfere with the exercise of OI.ANTEE'S rights hewn and OR.ANTEE may trim and cut down trees and shrubbey in connection with ditithe construction, inspection, operation, maintenance, repair, replacanent, and/or remove' of said FACILITIES. if necenary GRANTrEE 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 GRANiTEE, 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 herminder may be assigned in whole or in part to one or more assignees. The temporary construction easement granted herein shall include the right to toccavate fence fill within the temporary construction easement, but GRANTEE shalt replace any 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 easement as closely as possible to its condition prior to entry thereon. This instrument is executed and delivered for the purpose of substituting the GRANTEE in the To Have and To Hold sections of this easement and right of way previously conveyed • 14113 03292 to AUTHORITY u recorded in Document Number 96- RO0452S4, of the Deed Records of Denton County, Texas. TO HAVE AND TO HOLD the abovsdescribed esecnent and right-of-way and rights appurtetmsa thereto unto GRANTEE, its successors and =signs, until said FACILITIES are dddoed panrratemtly abandoned by GRANTEE, in which evert said easement and right-of- way and rights appurtenant thereto shall cams and terminate and revert to GRANTOR and GRANTOR'S heirs, aseutors, administrators, successors end assigns. GRANTOR hereby binds GRANTOR, GRANTOR'S heirs, eaeaxors, administrators, accessory and magna to WARRANT and FOREVER DEPEND said casement and right -of- way and rights appurtmamt thereto unto GRANTEE, its successors and usigns, against every person whomsoever iaw&Dy claiming. or to claim, the same or any part thereof It is expressly understood that all rights, conveyances or covenants are herein written, and no verbal agreements of any kind shall be binding or recognised or in any way modify this 1 instrument of conveyance. First Baptist Church of Trophy Club By_ Fir rop DR Jimm r Laid, Pastor .ear:a.nt ar,+�rr.nwan ante morale 0 • 1 7 ... .. - „" r , .... • 14I 13 i33 =.' ACKNOWLEDGMENT STATE OF TEXAS f COUNTY OR DENTON E . BEFORE /42, the undersigted authority, a Notary Public, in and for said County and State, on this day personalty appeared, Dr. Jimmy R. McLeod, kaowt to rre to be the person and officer whose rents is subscribed to the foregoing instrument and odtnowledged to me that he is the Pastor of meld First Baptise Church of Trophy Club, and that he was authorized by said church to execute the tregoing trrtrument for the purposes and consideration therein expressed, in the capacity therein stated, and as the art and dead of said church. OWEN UNDER MY HAND AND SEAL OF OFFICE, this day of stl'rse 1997. -.--- 1 � 9"r - - . /) -), ".-; ,/./ 1 -- - rautaly r uvII , o..... VI, . I - ' - ��* •• aaair�WleO. srlar 11 qsa �rj ttyt.�iYr, iyMrr • ppiasd Name My Cmmirme swine ea the — day of ___ . 199 wellId:dwarnbaaaersorraanyanoarl 2,7.97r ' t FN D -2778 Permanent Utility Easement EHBA Job hfo. 18168 -01 J. Ee5A Survey, Abstract No. 392 January 28, 1998 0.235 flares EXHIBIT "A' * DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON C K INTERCEPTOR TI SYSTEM T III PARCEL NO. 9 IIEIN0 A 18 FOOT WIDE PERMANENT UTILITY EASEMENT AND A0.235 ACRE PARCEL. OF LAND SITUATED IN THE J. FADS SURVEY, ABSTRACT NO. 392 OF DENTON COUNTY, TEXAS AND SEING A PART OF A CALLED 11.130 ACRE TRACT OF LAND AS DEEDED TO FIRST BAPTIST CHURCH OF TROPHY CLUB AND RECORDED IN VOLUME 1988, PAGE 487, OF THE DEED RECORDS OF DENTON LAND BEING MORE PARTICULARLY DESCRIBED A OI.LOW � 0.235 ACRE PARCEL OF { In a real Ilea of • ■ caged BEGINNING et the eouthwsst comer of said Chad+ tract, soma being 210.4829 acre tract of land as doodad to Trophy JoIrd Ventura and recorded In Volume 3302. Pegs 897. ORDCT, and being In the north tine or Village Trail. (a 907 toot right of way): • THENCE N 09. 57'10" E, along Iha west line of *aid Church tract end the least line of skid Trophy Joint VenIUrs tract, a disiernca vt 15.19 foal to a point; THENCE 3 70' S3' 50" E. leaving said common Ora, a distance of 353.98 feel IO a paint being In s circular curve to the right having a radius of 1110.42 feel; THENCE along said Curve to the right having a delta angle. 28' 4 56 of . en n. B dast o o 308. of feat and having a chord which bears 8 56 30' 81" E. lanyenay; THENCE S 42' 07' SO' E. a distance or 29.06 feet to a point In the west l sew T r =Lao La . _ _...... �...«� and being In a circular curve to Owe loft having • THENCE along Trophy Luke Drive and said curve in uiu roe W•�" y e dialonco of 15 081ae1 aro distance of 18.08 feel end having a chord witch bears 3 53 53' 27" W. Lake of 15. 5 the to a found 5!8 -Inch trarl rod at the intersection of the west lino of said Trophy east One or said Village Traf; THENCE N 42' 07' 6O" W. with the north line of Village Trail. a distance of 21.47 feet to • paint being in a dreutar curve to the telt hoeing a radius of 595.42 feet: yr 45' THENCE continuing along sold line and along said curve to the lent having • delta angle of anca 5f 58", an aro distance of 298.94 feel and having a chord which bears N 58' 30' 81" W. 295.81 feat to • point; THENCE and containing 0.2351acres.nor 10,253 square feat e or land. more �or woe. POINT OF Page 1 of 2 0 - ! ilia ..•+� • FN 13-2779 Teary Construction Easement E) idA Job No. 19158. 0 7 J. Had" Survey, Abstract No. 392 January 25. 1996 Q Acres EXHIBIT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK N E C EPTOR SYSTEM PHASE PARCEL NO.O .1 • M ' PARCEL OF F LAND SITUATED IN THE J. CONSTRUCTION U ABS RACT NO. 392 OF DENTON COUNT, FIRSTEXAS TIST CHURCH OF TROPHY CLUB AND RECORDED C IN VOLUME PAGE TOFR 467, OF THE DEED RECORDS OF DENTON COUNTY. TEXAS (DRDCT). SAIO 0963 ACRE PARCEL OF LAID BEING MORE PARTICULXILY DESCRIBED AS FOLLOWS: COMMENCING for reference et the southwest comer of said � f being �d� In V and 3302. One 3f 0 Calved 2 593, DROCT, and being In the north 1 ne of VVilage Troll, (• 60 foot right of wajwait); 02. Page THENCE N 09' 67' 1Q" E. Wong the west Nne of said Church Irect and the west line of field Trophy Join. Venue tract. a distance of 13.19 feel to the POINT OF BEGINNINl3; THENCE N 09' 67' 10" E, continuing Wong said line, a distance of 10.77 feet to a point; THENCE S 70' 53' 601' E. leaving said common line. a distance of 363.64 feet to a paint being in a circular curve to the right havng • rsdlus of 870.42 lest; THENCE slang said en's to the right having a delta angle of 28' 45' 58 ", an aro distance of 330.60 fest and having • drord which bears S 58' 30' 51" E, a dlstsnce of 333.07 feet to a point; THENCE 8 42' 0T 50" distance of 37 86 fest to oft having " t llin01 Tr � Sy00 Lake Drivo (a 50 foot in • right of way) and being dells angle .0._ .. �.� iw., o v f Troph Lake Drive and said our la the ielt having s a woo 1�'11 "W.• . • Vf VJ -,.. �.s . w.. - distance 0{150.135 feet to a point; point being In a circular • fHENCE N 42' or 50" W. leaving said line, a distant" of 29.05 fast 10 ■ cure. to the left having a radius of 610.42 feet; THENCE along maid curve to the left having a dello angle of 28' 45' 68", an aro distance of 306.47 feet end having a chord which beers 14 58' 30' Si" W, a distance of 303.28 feet to a point THENCE N 70" 53' 50" W. a distance d 353.96 test to the POINT OF BEGINNING, and containing 0.983 scree. or 42,812 square lest of land, more or Tess. Page 1 of 2 X11 I Temporary ConelrSn Es _ment , ' FN D -2779 J. Fads Survey. Abstract No. 392 EH&AJob Ho. 16136 -01 0.963 Arose « January 25. 1 096 SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED. 1 DO HERESY +a 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 Nerve: Peony_ Huston & Aseocdatas. Ina Sy: • Surveyor's Nana Jphn F. Wilder y: Surveyor. Texas Na 4see • * p' ■ ,JOHN WtL� Regleteree Professional Land Surve '• Dots of Server October. 1963 D R rev Pepe 2 of 2 _- . '1 1 1 J . • ," + Y' £ADS A - ]4 � ._ ;.. � ., (- - CREEP REw Lain*. LOCATIOtt OII4T1�1 CQVNrr. moo WASTEWATER SYSTEM [ASEUCN1 ACOUp 11OMA' 0.235 AC. W293 SO. FT. "B' 0.913 AC. 42111 5 0. . T. wow mw, PI L0SU1tt 9fltfd R WHOLE PROPEaty ACREAGE: 11.10 AC. PHASE IN%SEC1iON 711 . . PLAT OF EXI-4 {BIT "A" & "B" PARCEL NO. 2 _ city OF 9WMLA4E 047 NORM e4a744, AVtRU5 51717114.4 1E7t49 7 +04! t FROPHY q,LU9 DRI + (80 ROW) ti � p3 rL , I I I � • ' ^) r 1 e.3.- 1 1 + 1 1 1 1 �. n.w'SA^ Comp w 1 1 1 eV Q ' tOleft Lye 1 1 ( 1 1 1 ' k 11 f I f 1 17 .• 1 i 1 1 - Q- a r 1 + 1 1 1 r? C7 tr Past `ARTIST CHURCH M OF TROPY CLUB 1 1 • A 0 5' x '519' sta., 1961, PO. 497 (CALLED may AC,) 1 r 1 L + 304.41 CB- 9 99 E D.A.O. C.1. . 1 ''''' C + 30.3.29" C2 a - 00 - I R +476.00' t.1wi1 . is. IMIX 1.01111000•11, / 7 I c - /5.671' 1 t CS •w• ■y �7I; Ie, y ! 1 . �q e2- tr 59 Y. 3 1 1 1 1 1' ,! ' C- 205.27 1 ! C. • s7o.41 N7 i1 I II : 1-"C - 3]1.41 Nit 'P Ir : 1 � B- S sl C , 7 j 1 S I I I I ! ; s + o3'4S'?1' Je C5 1 1 1 E i' a 41 L - allow CEP. s 54,441' 7• 14 . C ■ 60.43' Pun •A" TI N o9-3r10' E 19.10' 13 9 4113710" " t 29.0 tROPMT Jaw O. VENTUR 993E p0� j1Q$ -$- w . t7 N 42'07 50 W 27.1 VOL 33172.. PR. B9c $ T4 H 04',7 "t0' E 40.71' (CAtLEC 210. . AC.) 75 s 4T0rs0' f 37.40' 0.17.0.C. 7. EIMIlk . � ewe• er.," mss 4)1'4;1 7 < ` '�� r g191.1 +. c� r.•" ...al Cf" .'""" p. s ir . .. • 7 . 8 l : e ' s...e. s.o ha F. Wilder Wilder R.P.L. S. 4285 JbHN F. WI -A O•n••. f•q• 51.0 ( 511 -1777 ;. ••••••.••••• . •• t ..• PREPARED BY GC ,. �IZBJ i"'' CHECKED BY .??f SCA t" C. .. t00� �. jf. Gi cee, j3� � 9 DATE JANUARY. 1995 o y_ 0 17 .5k. � __ E.H. b! A. JOB BACT ( 16 - 7. 1� � .ren ra�l •d:•W1 'werwY 1 1 - i _ • ..S ' V filed for Record ins 1InNORA H /COUNTY CLERK Return to: un 'tun 16 1998 ROWAC At 4:65p• 3836 Weeborn Drive Dor /Hum : 98 R@@51538 Da114s. TX 75229 Doc /Type ER5 Hecordxng: 19. Doc /rgat 6. Keceinpt as 215.;,6 Deputy Chery SCANNED DOCUMENTS Substitute Easement Name of Project: DCRWS- Denton Creek Pressure System Phase III, DC002- Section I DC003- Section II DC004- Section II1 DC005- Kirkwood Branch Interceptor & Meter Station Project Subsystem # DC004 Parcel #10 Unique Identifier Number: DC004 -10 32/37/00 14:17 NO.093 D02 • 101_4469 PG 134I 116728 DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE 111, SECTION III SUBSTITUTE EASEMENT AND RIGHT -OF -WAY Parcel # 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 NO/100 DOLLARS (510.00) and other good and valuable consideration to GRANTOR in hand paid by the CITY OF SOUTHLAIE, 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, 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 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 oflaying, 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, 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 IMPROVEMENTS to protect GRANTEE'S existing and future 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 ". The need for and design of any IMPROVEMENTS 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 • 02/07/00 14:17 NO.003 1303 poi 4 4 Pv 1 3 4 2 IMPROVEMENTS' design and integrity. The physical limits of the IMPROVEMENTS 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 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 /panted without GRANTEES 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 lines and fences as will n.ot'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 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, addition and/or removal of said FACILITIES, if necessary_ GRANTEE shall clean upend remove all trash and dcbris, 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 may be assigned in whole or in part to one or more assignees. This instrument is executed and delivered for the purpose of substituting the term s, 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 Deed Records of Denton County, Texas. TO HAVE 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 hereby binds GRANTOR, GRANTOR'S heirs, executors, administrators, successors and assigns to WARRANT and FOREVER DEFEND said easement and right- of-way and rights NO.003 p04 ' 02/07/00 14:17 • � 4 469 P6 appurtenant thereto unto GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming, or to claim, the same or any part thereof, 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 , 1999. REGENCY CENTERS, L.P., a Delaware Iirnited partnership By: REGENCY REALTY CORPORATION., • a Delaware corporation, its General Partner Y. lams uis, Managing rector wp .I:ldunton:l pteu..macl- 313 -7- 964/95!3 SPECIAL • NO. 2103 [705 02/07/00 14:17 • /. 4469 PG I344 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS § Before me 021fAe s Pxki , on this day personally appeared James Buis, Managing Director of Regency Realty Corporation, a Delaware corporation, the general partner of REGENCY 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 he executed the same for the purposes and consideration therein expressed_ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of --34., 1999- , k4 0 otary P :lic, State of Texas , , rL '.'d LS3r1 ':ow,. �:IOUC S.GId O T exas ♦ her I LO! iSo 4LOmn:ISalOf1 C:ptr as-Mgr Printed Name My Commission expires on the..3044.day of , 00 wps /e: toenUlOtro priwease Mont. mst /cE/ravised 3/5/96 3? e/9 513 10/19SPECIAL • 02/07/00 14 =17 ND. 093 U06 Permanent Utility Easement • FN D-2799 !. Eads Survey, Abstract Nu. 392 VOL 4 4 6 9 P6 1 3 4 5 EH &A Job No. 1 61 56 -01 J. Sutton. Survey, Abstract No. 1164 February 1, 1998 0.525 Acres EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IIIISECTION Ili PARCEL NO. 10 BEING A FIFTEEN FOOT WIDE PERMANENT UTILITY EASEMENT AND A 0.525 ACRE PARCEL OF LAND SITUATED IN THE J. IcADS SURVEY, ABSRACT NO. 3q2 AND THE J. SUTTON SURVEY. ABSTRACT NO. 1154 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 6.0126 ACRE TRACT (TRACT 6) AND A 7.9629 ACRE TRACT (TRACT 1 0i OF LAND AS DEEDED TO TROPHY JOINT VENTURE AND RECORDED IN VOLUME 3302, PAGE 693, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS IDRDCTI. SAID 0.525 ACRE PARCEL OF LANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at the southwest corner of Tract 10, being the intersection of the north line of Highway 1 14 (a variable width right of way) with the east line of Trophy Lake Orive (a variable width right of way from which a found 1!2 -inch Iron rod bears S 89° 29' 59" W, a distance of 0.18 feet; THENCE N 01° 43' 10" E, along the west line of said Trophy Joint Venture and the east Tine of Trophy Lake Orive, a distance of 37.12 feet to the POINT OF BEGINNING; THENCE N 01 ° 43' 10" E, continuing along sald common line, a distance of 116.84 feet to the beginning of a circular curve to the right having a radius of 532.09 feet; THENCE continuing along said line and along said curve to the right having a delta angle of 28° 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 feet 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° 1 2' 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 363.63 feet and having a chord which bears N 42° 38' 50" E, a distance of 360.83 feet to a point; THENCE $ 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 356.25 feet to a point; THENCE 5 30° 19' 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 theft (having a delta angle of 28° 36S ", an arc distance of 256.11 feet and having a chord which bears S 16° 01' 10" W, a distance of 255.44 feet to a point; THENCE S 01° 43' 10" W, a distance of 106.23 feet to a point; Page 1 of 2 02/07/00 14:17 NO.003 007 Penna. Utility Easement 410 1014 l 4 6 9 PG 1 3 4, FN D -2799 J- Eads Survey, Abstract No. 392 &A Job No. 16156-01 J. Sutton Survey. Abstract No. 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 said Tract 10, same being a point in the west line of Tract 3, a called 7.1174 acre tract of land deeded to Beck Properties Trophy Club LP as recorded In Conveyance Number R0087516, DRDCT; THENCE S 28° 58' 42" W, along the east line of Tract 10 and the west line of Tract 3, a distance of 15.14 feet to the southeast corner of seld Tract 10 and being the southwest corner of sold Tract 3 and a point In the north line of Highway 114: THENCE N 68 49' 46 ". W, along the north tine of Highway 114, a distance of 482.01 feet to the POINT OF BEGINNING, and containing 0.525 acres, or 22,862 square feet of land, SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 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 1S TRUE AND CORRECT. Company Nam • s • - i • >< - r = f� �/� r BY • f F Surveyor's Narne: John Strawbridge I ,�l� d �lsrf, r � oy ` ` JOHN STRAWBRIDGE Registered Professional Land Surveyor, Texas No. 4283 ' A.y. 42e3 ; , Date of Survey: October. 1993 Page 2 of 2 02/07/00 14:17 NO.0 DaE SuRvCY: J. EAOS A -392 J. SUT'1C A -04 _ RTTN CREEK REGIONAL , LJCATIO14: DENTON COUNTY. TEXAS '•f4L44 WAS TEWATER SYSTEM rEASEMENT ACQUISITION "A" 0.525 AC. 22862 SO. Fr 2.124 AC. 92532 SO. F'1'. DEN TON CREEK PRESSURE SYSTEM wHOLE PROPERTY ACREAGE: 13.9755 PHASE 111\ SECTION 111 PLAT OF EXHIBIT "A & ..B'' PARCEL NO. 10 CITY OF SOUTHLAKE § —,� p 667 NORTH CARROL AVENUE SOU THLAKE. TEXAS 76092 C Q- TQ . ;.■-• 1> 7, c. c.: , , N . s . „ , . . ._ _ _ _ .. _ — — - - - — • • C. I . C " =� I o n- P — ' r.,4, pr / 1- N 4212 W 15 ' 'MOE PERMANENT , I 0.45' ultuTT £SMT i * TROPHY JOINT VENTURE TRACT 6 O 2 (CALLED 6 -0126 AC.) 4� .Vti VOL. 3302. PC. 693 Cl C. to the Right y Q, `5 O.R.O.C.T_ N „ aa Roalva = 532.09 1 st.� Oeito = 26'36'00' , E7U7 +8fT 'e' Arc = 265.60 ` a 4 - ° ' Bo' wfp R f 1FYPOARr Ch- = 262.85 CP - 60' tuceow cue C. B N 1 6'01'10" E 4t C2 Curve to the Right (A) KJ : TROPHY JOINT VENTURE 1� V j TRACT 10 ,K.,..., h0 Rodlus .. 645.00 ,O ' (CALLED 7.9629 AC.) J ...,.\- CY Dello = 2 4 a VOL. 3302, PG. 693 C .1 (. Arc s 363.63 D_R.D - C -T. \ �C) ' OQ 4 Ch, 664s- 360.83 ' FIR I /2' 0 .� ^ C. 8. = N 4 2 - 3B50" E N 39 - 1,7 no W '� ' A. o 44' '� > v 4, C.-' et' ..• C2 Curve to the Right (e) C Qm V '; Ao Q s s.• Q 49 Rodlus = 845.00 , 1 p' ay Q Delta — 04'07'19 --/ ' ' e 8'19• Q ? Q C v. 60.79 ' 4 6" Q A- "' Ch. h. v. 60.78 P08 - /h• + k" 4.7 �v C.B. -. N 57'02'10' E N 0t 43'10 N '4KT I 4 20 6' 45 37.12 16 , : Q ; ,, •� C3 Curve to the Left (A) POC •A• * 46 } � Rodlus .. 630.00 dip y ! E - 4 as' T Oelta = 24'4? 06' S 69'29'59' M . OB •B6 Ar c - 356.25 0,,. H /G� , 1 , C.B. — S 42'42'43" w (1/4.9 � 4 lY1 Y '14 P0 C+ •Be i C4 Curve to the Lelt (A) 6CE eg o rj Rodlus — 517.09 Dello - 28 Arc — 258.1t Ch. — 255.44 C,8. — S 16 "01'10" W C5 Curve to tha Lett Radius = 770.00 T1 N 01'43'10 E 116.84' Della — 29'53'16" T2 N 30'19'10" E 311.70' Arc = 401.66 73 S 30'19'10' W 311,70" Ch. = 397.12 T4 S 01'43'10 w 1llF: or C.B. a S 45'15'48' W T5 5 28"58 w 15.1 C8 Curve lo 1h• Left 76 5 30'19'io" w 311.70" • Y7 S 01'43'10" W 100.91' Rodius 457 09 78 S 28 W 60.56' Delta - 28 "36 "00" 79 5 42'07'50" E 1512' Arc = 228.76 710 S 42 "97'50" E 76.61' Ch. = 225.80 :MSw 6/1s/1SU. wavice $ W. UN( OF OEM.. MIT. 36' TO ■.E M.E. ' C.B. S 16'07 "10" W $sys>/• r * t �; t 8as4aa b ! f t .. •�i . E �s�o6isi Tae. � � /: +T A - e * 441 t '` ' t 4 • Environmental Consultants > 13800 Non /lor1 0rlv.. Salle 30 . J ohn t lidge it.: _ . S. 4283 • � JOHN STAAWBAIDOE ae/rvs, revere 75240 62 t4,1 387 - 077r V,. 4283 .itt PREPARED BY GC 1 °� asp a ' . 1` ° . CHECKED BY Jw SCALE: ,1" 200' _ .1r _ ..• *, DATE 1 /1 /96 0 100' 209' 400' U ¢ E.H. & A. JOB /TRACT 16156 •.wcE uo..v �^ R1cr►r(D ipd/ P thUC MECDRDS • • 62i02i00 14:17 NO. 003 909 F'/OL 9 �! 348 • i �e u isn 1 7) /6t4 y Cu //a j-- R ti 3G 3 836 We 7 / / .5 7 7 522 • .••ON110N •MNE.n WISIC.■ RE$TMICTS THE B•tF aCMaL O! THE UrNtIl IEO r.0 -L Ppy,FFsrrw 6ac.,oe e•eOLO. Cw n•r.:.. 1NA JD AND YNENFOn. _ASL S UuOf o crop IU L utw ▪ L i•re C• 1'•RCL ^ OU , e•Oc OE WON ..:• na. •k. k .m..1.•:. roe FILE ■• w. •1• ve.m.r ....me a. M..al. an. A. bM 0.00 i I..tiv. 4 ....; ar.. rJ• 0.4 Reta7.1A00 •. nn 0....,v !' 0& • h.c i s. tit 5 , •.eprly al 0..w. c:... I._G. e.. NOV '711999 • C/EMT LINTY, TEXAS • Filed for Record in: DENTON COUNTY TX CYNTHIA MITCHELL, COUNTY CLERK On Nov 17 1999 At 2 :4Bpe Doc /Num : 99- R011672e Doc /Type : t7.D( Recording; 6.00 DOC /17gmt 4E191 Receipt t Deputy p'FRnNG }iESKF1 • I a r i, 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 # ( I 4 112.- Unique Identifier Number: DC003- I 1 ` 12• UNDERGROUND SANITARY SEWER LINE 'i✓ASEYIENTS {INCLUDING METER STATION. ACCESS. ELECTRICAL sni AND COMMUNICATION FACILITIES/ THE STATE OF TEXAS § § KNOW ALL MEN SY THESE PRESENTS: COUNTIES OF DENTON AND § TARRANT § ' Article I Grant of Easement and Temnorary Construction Easement THAT H]LLWOOD/WILLOWBEND, LTD, a Texas limited partnership (" O antof') for and in consideration of TEN AND NO /100 DOLLARS (SLO.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF SOUTSLAICE, TEXAS (the "City "). a municipal corporation created under the laws of the State of Texas, with its principal office at 667 North Carroll Avenue, Southlake, Tarrant County. Texas 76092. has given, granted, and conveyed unto, and does by these presents give, grant, and convey unto, the City. its successors and permitted assigns, an easement and right -of -way to lay, construct, inspect, maintain, operate, . repair, replace, change, and/or remove (I) a sanitary sewer line or lines, one or more underground electrical power lines and communication lines, together with all incidental equipment and appurtenances, under that certain land mare particularly described in Exhibit "A" attached hereto and made a part hereof, and (ii) 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 described in Exhibit "A" (all of the foregoing sewer line or fines, electric power lines and communication lines, meter stations, and incidental equipment and appurtenances shall hereinafter be referred to as the "Facilities "). The easement and right -of -way herein granted includes the right of reasonable ingress and egress from public rights -of -way over and across Crrantor'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 time to time, that portion of Grantor's remaining land over which such right of ingress and egress may be exercised by the City and (ii) the City 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 the surface, replacement of topsoil, planting of grass, replacement of l.e'venping, reconstruction of fences, and removal of rocks and other construction materials). The easement and right-of-way herein granted includes a temporary construction easement 1 over and across that certain land more particularly as described in Exhibit "8" attached hereto and Qi made a part hereof, to use in connection with the construction of the initial Facilities consisting of the Denton Creek Wastewater Interceptor Pressure System, Phase III; which temporary r► construction easement shall automatically terminate on the earlier to occur of the second annual f • J anniversary of this agreement or the completion of construction and the City's acceptance of such initial Facilities. tTpon completion of construction of the initial Facilities, the City shall 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 of grass, replacement of landscaping, reoonstucaoa of fences, and remove/ of rucks and other construction materials). In addition, Grantor agrees to provide. alternative access across Grantor's remaining land if die need for such alternative access results from Gruntor's exercise of any of the rights retained by Grantor in this agreement" The City shall promptly repair any damage to Grantor's remaining land resulting from the City's exercise of such alternative access right (including the restoration of the surface, replacemcnt of topsoil, planting of grass, replacement of laudsr.-aping, tesanstruction of tenses. and removal of ruck and other construction materials). THE Y CI T OFFICE 0 SECRETARY uret:ltcruo: Wet a uNITAtY SEW to LINE RASH LOOM CITY OF SOUTHtAtcE finer.uttexeructutsrwtuws NCACCESS) - rag'I IW N. l TEXAS # J t ' 9/1"wraa16za+4u: ;3 S QS ? - - (o • The City agrees that, in connection with the exercise. of any of the rights herein grassed to the City, no hazardous materials or hazardous substances (as defined under applicable federal, mate, or local law, as such laws now or hereinafter exist) shall be used, stored, generated, released, or disposed of in violation of such applicable laws, and if such violation occurs, the City shaft be solely responsible for any cleanup, remediation, removal, or restoration mandated by such. applicable laws. Grantor shall have the right to approve any method of =sedation to the extent such remediation involves land owned by Grantor, its successors and assigns, which approval shall not be unreasonably withheld or delayed. Article II Parallel Pie alines There is included in this grant the right at any time in the future to lay, ceramic:, inspect, maintain, operate, repair, replace. change, and/or remove one or more additional lines of pipe approximately parallel with the first pipeline of pipelines laid by the City hereunder, an long as said future line or lines are within the confines of the metes and bounds description contained in Exhibit ".i." The City shall submit all construction plans to Grantor as far in advance of construction as possible. Article lli )Erosion Control, For erosion control purposes, the easement rights granted and conveyed herein to the City shall also include the right at any time in the fbture to construct, inspect, operate, maintain, repa replace, change, add and/or remove concrete, rock rip rap or other types of erosion control facilities to protect the C:ity's existing and future pipelines located within or adjacent to creeks, gullies and other natural or man -made water drainage courses located within the land described in Exhibit "A." The seed for and design of any erosion control faciliies are solely within the City's control and at the City's discretion. The erosion control 8tcilities shall be constructed within the high -flow boundaries of said water drainage courses. The City, at its discretion, may 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 fealties shall be entirely confined to the land described in Exhibit "A.' The City shall submit its construction plans of said future erosion control facilities to Grantor as far in advance of constnsclioa 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 front such modifications and provided Grantor's modifications do not hinder or conflict with the use and integrity of any of the City's faculties. Article W resement and Donation Grantor acknowledges this conveyance is a donation to the City and there is to be no payment for ail rights conveyed herein. Article V Use and Enjoyment Grantor, its successors and assigns, may fully use and clay said premises encumbered by said easements, except that such use and enjoyment shall not hinder, conflict or interfere with the exercise of the City's rights hereunder, and no building, structure or long -term holding reservoir shall be constructed upon, under, or across the rights- of-way and easements herein granted 'without the City's written consent: provided fTurther, Grantor, its successors and assigns, may construct, dedicate, and maintain across said easements and rights- of-way such rail lures, roads, alloys. utilities, paved parking areas, landscaping, walls, fences, signs, monuments, short-term storm water holding detention ponds and utility Ines as will not interfere with the use by City of said casements and right -of -way for the purposes aforesaid. GRANTOR shall obtain written consent from City, said written consent mot to be unreasonably withheld by City, prior to GRANTOR'S construction of said rail lines, roads, alleys, parking lot:, landscaping, walls, fences, signs, monuments, short-tcnn stormwatcr holding detention ponds and utility lines. The City shall not withhold consent unless the City demonstrates that the design of Grottot's improvements poses an unreasonable risk of potential dernage to the Facilities. UNDEao twtNf SANITARY SEWER tire. EASEMENTS ,tNr1UUSNU s.e.it at rrAtu ie AND Amass) - Pagel _ 12345 u+ 1057 n ar«.o: 3 Ow 1111 Article VI Trees and Shrubbery The City may trim and cut down or remove trees and shrubbery growing on or over the property described in Exhibit "A." in connection with the construction. inspection. maintenance, operation, repair, replacement, change and/or removal of the Facilities, if necessary. The City shall use its best efforts to minimize damage to trees, shrubbery, and landscaping. Article VII Cleanup of Easement The City shall clean up and remove all trash and debris, repair and replace fences, and repair other damage caused by said construction, operation, and maintenance. including reasonable compensation for crop damage, the restoration of existing topsoil, or removal of spoils created during construction by the City. The City shall not bury any trash or waste material of any kind on the easements described herein. During construction, the City shall install such fences, barricades or safety barriers as may be reasonably required to protect the public. livestock, or , adjacent propeny. Article VIII After execution of this document, Grantor shall not establish any kind of grass, crop, or ether type of plant within the easement areas described herein until after completion 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 Facilities. For the purpose of Granter's harvesting effort, the City shall notify Grantor at least two (2) weeks prior to the initiation of initial construction activities within Grantor's property. Article IX Relocation of Facilities Upon request of Grantor, and at Grantor's sole 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 laws governing said relocation. The parties agree that they shall not unreasonably withheld their consent in determining the "mutually acceptable location." Except is the event of an emergency, the City shall notify Grantor by telephone at least 48 hours before the beginning of each of the City's construction and maintenance projects on the herein described easements. Upon such notification by the City, Grantor will in turn immediately provide the City with the names, addresses. and telephone numbers of the appropriate tenants of Grantor located on the subject property. Article X leaflets Ali notices required or permitted hereby shall be in writing and become effective after being deposited in the U.S - mail, certified or registered with appropriate postage prepaid or. if delivered by surge other manner, when actually received. Notices to the parties shall be addressed as follows: To Grantor: Hillwood/Willowbend, Ltd. 2421 Westport Parkway, Suite 200 Fort Worth, Texas 76177 Attn: Darcy Anderson • uNDP..an ROUND SAreTTARY SEWER LINE t.'ASY_YLtrli ttNcLUDIMO lia.n& rrA - noNa AND ACCas17 - Pap 07414.0010A13294�1 I 5 1 356 • 7'o t e City: City of Southlake 667 North Carroll Avenue Southishe, Texas 76092 Attn: City Manager From time to time a party may designate a new address for the purpose of receiving notices hereunder by giving notice of its new address to the other party in the manner provided above. Article XI, - Liabiltav The City shall take all reasonable steps necessary to avoid any damage or liability to Grantor resulting directly or indirectly from the City's exercise of its rights under this agreement, except where such damage or liability is caused by the negligence of Grantor. Article _X1I Pernetunl Easement 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 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 cf Texas without the prior written consent of Grantor. Except as provided in the immediately preceding sentence, the City's rights hereunder shall not be assigned, transferred, or encumbered without the prior written consent of Grantor. Article X1Tl Term of Easement TO HAVE AND TO HOLD the above - described easements and rights -of- -way and rights appurtenant thereto unto the City, its successors and permitted assigns, until all of said Facilities are declared permanently abandoned by the City (or by its successor or permitted assigns), in which event said easements and rights -of -way and rights appurtenant thereto shall cease and terminate and revert to Grantor, Grantor's successors and assigns. Article XIV Medina Effect Grantor hereby binds Grantor and Grantor's successors and assigns to warrant and forever defend said easements and rights -of -way and rights appurtenant thereto unto the Cuy. Its successors and permitted assigns, against every person whomsoever lawfully claiming, or to claim, the sante or any part thereof, by, through, or under Grantor but not otherwise. The covenants and agreements contained in this agreement bind the respective heirs, successors, assigns, permitted assigns, and legal representatives of the parties hereto, and the terms "Grantor" and the "City." where they occur in this agreement, include the respective heirs, successors, assigns, permitted assigns, and legal representatives of Grantor and the City. The captions and article headings used in this agreement are for the convenience of the parties only and shall not be used in construing this agreement. • - _ • _ Article XV Entire Aereernent •_ I • It is expressly understood that all rights. conveyances. and covenants are heteia written agreement. and n erbal agreements of any kind shall be binding or recognized or in any way modify This conveyance is made and accepted subject to arty and all matters of record relating to the • hereiaabove described property, to the extent, and only to the extent, that the same may still be in _.• _ force and effect, shown of meted in the °goes of the County Clerks of Denton and Tarrant Counties, Tomas. UM IMO HUriNi,(ANfTAKr st:Wtta UNE EAU/AE/ITS .t*iciaas$U MAMA siAlltgall ANL Aatt:tla><) - Mena 07y3.1011100 t 37344.22 _... _.._:_ 12345 t O '9 sae■ — � . . � EXECUTED this 163 day of April, 1996 liIl.LWOQD/V41LLOWBEri», LTD., a Texas limited partnership By: Iil1wood Property Company, a Texas corporation, hs General Partner B' t-----_ - _ . Titte: Date: Pet t_ 11 � t b ACCEPTED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: CITY CITYht, SOUTHI-�f'EXA By: IL Tide: ^; ft-- Date: - 3 i l r W.M . APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY . TIES STATE OF TEXAS $ § COUNTY OF TARRANT g pefgqre m the undersigns authorit this day personally appeared Q !C RAP G- Vr�31 -Crt4 the -r arest x - on of Hifwood Property Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that the same was the act of the said H llfwood Property Company, a Texas corporation, in its capacity as General Partner in Hillwoed/Willowbend. Ltd., a Texas limited partnership, acting through its duly authorized General partner, executed the sante as Hillweod/Willowbend Ltd., for the purposes and consideration therein sepreseed and in the capacity therein stated. Given under my hand and seal of office on this i b day of April, 1996. Notary Public, State Texan IIMBEILY L MIMI - - i ,c; NOTARY PUNIC :4_,..,.,,p. Co mm. E Stat of I r ] as My CosnmissionExpires: RETURN TO OFFICE OF THE CITY SECRETARY CITY OF SOUTI4I.M E 667 N CAPIRILL As/7. SOUTHLAItE. TEXAS 7304: uu � ya. rreY UNE n:n'�a • or.tauoiaaurikm - 1 73 45 r 060 • 'THE STATE OF 'TEXAS A § COUNTY OF �G411/L[ § 415 � � ,.1 fora ate, the undersigned aurity, on , the(; /J' Ir? M .e7 of the City tho or Southlal[ethis day , Texas personally . tatown to ate to be the person and oPticer whose name is subscribed to the foregoing instrument, and acknowledged capacity executed the same fbr the purposes and consideration therein expressed, in the stated and =the act and deed of said city. / f y Given under my hand and seal of office on this / / da of Apr$, 1996. � y , _ ar� 4 •�72.A KIM l- gt.ISH Notary ub1lc, State afTeems _ tutor" PuMe �t % � M STATE O Lie OeTEXAS AS 1V s Printed Nam e: _ {Jy MY COIeM. Ery 271 9 i , _ My Commission Expires: i • I I • • UNDCIIUiWWNDAAN[TARY saw OM tO . KA M5Un.iNti WOES STATISM AND aiusaiaat - tea r e70a0ote.a941A7 i23U5 tl2 QSl . . - �Tri1 Permanent Utility Easement EH&A Job No. Fr1 isi01 • C. Medlin Survey, Abstract No. 823 H&A J March 630 J. Sutton Survey, Abeam= No. 1184 1.300 Acres EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IIRSECTION II PARCEL. NO. 11 BEING A 15 -FOOT WIDE PERMANENT UTILITY EASEMENT AND A 1.300 ACRE PARCEL OF LAND SITUATED IN THE C. MEDLIN SURVEY. ABSTRACT NO. 823 AND THE J. BUTTON SURVEY, ABSTRACT NO. 1154, OF DENTON COUNTY. TEXAS AND BEING CUT OF A 1968.563 ACRE TRACT OF LAND (TRACT 21 RS DEEDED TO WESTLAKE INVESTMENTS, LTD. AS RECORDED IN RECORD NO. 93-R0031669 OF THE PARCEL OP LAND BEING ORE. PARTICULARLY DESCRIBED COUNTY, FOLLOWNS.�t. SID 1.300 ACRE COMMENCING for reference at the northwest cutback corner of the south line of Highway 114 to the west taline of Transportation the k future Trophy Club S 2 Drive 74' from h i h a foxed of brass stamped Texas Department of THENCE S 22° 54' 17" E. along the south aria of Highway 114 and said cutback, a distance of 21.37 • feet to the POINT OF BEGINNING: THENCE S 22° 64' 17" E. continuing along said line, a distance of 21.31 feat to a point being in a • circular curve to the right having a radius of 6.779.58 feet: THENCE feet and having which bears N 66° having 07' 16' W. distance of 319.95 afeet distance to point: 99 THENCE N 64 32' 05' W, a distance of 470.96 feet to a point: THENCE N 72° 13' 57' W, a distance of 152.39 feat to a paint: THENCE N 60° 40' 09" W.. distance of 302.70 feat to a point THENCE N 64 32' 03" W, a distance of 618.36 feet toe point being in a circular curve to the left having a radius of 7,689.44 feat THENCE alon fat and having said angle 6 b 66 chord which beers 69 41' 21''W. a distance of 1,363.82 feet to a paint: THENCE N 74° 60' 39' W, a distance of 52.96 feat to a point: THENCE N 86° 23' 01" W, • distance of 185.82 feet to a point: THENCE N 43° 21' 26" W. a distance of 128.61 feat to a point in the south line of Highway 114, said point being the POINT OF BEGINNING for Temporary Construction Easement Exhibit 'B" Part Two: THENCE S 74° 50' 50" E. with the south line of Highway 114, a distance of 28.72 feet to • point from which a brass disk stamped TxDOT bears S 70° 52' 58' W, a distance of 1.09 feat: THENCE S 43° 21 26' E. with the south line of Highway 114 and passing the south inns of Highway 114 at 76.23 feat, from which a found concrete monument boars S 66° 36' 64' W, a distance of 0.99 feat. In all, a total distance of 98.21 feet to e point: THENCE S 86° 23' 01' E. a distance of 181.42 feat to a point THENCE 9 74° 50' 39" E, a distance of 54.50 feat to a point being in a circular curve to the right having a radius of 7,604.44 feet: THENCE along said curve to the right having a delta angle of 10° 18' 36" an arc distance of 1,368.36 feet and having a chord which boars S 69° 41' 21" E. a distance of 1,365.52 feet to point: Page 1 of 2 1 23'-15 I GE 2 a Fl7s 1 • • Permanent Utility Easement Eti &A Job Na. 16756 -01 C. Modlin Survey, Abstract No. 823 J. Sutton Survey. Abstract No. 1154 Raviwd March 28. 1996 1.300 Acme • THENCE S 64° 32' 03" E, a distance of 818.87 feat to a point THENCE S 60° 40' 09' E. a distance of 301.69 feat to a point THENCE 5 72° 13' 57" E. a distance of 151.88 feet to a point THENCE S 64° 32' 06" E. • distance of 471.95 feet to a point being in a circular curve to the loft having a radius of 5.784.68 feet; THENCE along said curve to the loft having a delta angle of 03° 01' 19 ", an arc distance of 304.03 feet and having a chord which bears S 66° 02' 44" E. a distance �o�� the POINT OF mare BEGINNING. and containing 1.300 acres. cc 56.814 are . y *URVEYOR'S CERTIFICATE TO AU- PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT OM AN THE ABOVE LEGAL WAS PREPARED AND ACCURATE SURVEY DESCRIPTION THE GROUND AND OTHAT PUBUC RECORDS AND SAME S TRUE AND CORRECT. ACTUAL Company Name: Esoay. Huston & aarinciptoo. Inc. 8 y: Surveyor's Nanme: R. David Stnmon Registered Professional Lend Surveyor. Testae No. 4312 Data of Survey: October. 19513 Page 2 of 2 1 2 345. —1063 — 0 Temporary Construction Easement FN EHgp. lab No. I 6150-01 - C. Medlin Survey, Abstract No. 823 Revised Mat 28. J. Sutton Survey. Abstract No. 1164 2.317 Aoree EXHIBIT "5" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK I N I SEC I T E O PTOR SYSTEM PhiASE PARCEL NO. 11 BEING A 18-FOOT AY CONSTRUCTI ON EASEMENT (FART TWO) AND A 2.317 WIDE TEMPORARY 7 ACRE PARCEL OF LAND P SITUATED IN THE C. MEDUN SURVEY. ABSTRACT NO. 823 AND THE .1. SUTTON SURVEY. CUT OF A 1968.563 ACRE TRACT OF ABSTRACT AND (TRACT 2)) DEEDED 10 WESTLAKE INVESTMENTS, AS RECORDED IN RECORD O. 93-R0031669 OP THE DEED RECORDS OP DENTON COUNTY. TEXAS (DROCT). SAID 2.317 ACRE PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART ONE BEGINNING at the northwest cutback corner of the south line of Highway 114 to tho west line of the future Trophy Club Drive from which a found brass disc stamped Texas Department of Transportation (TxO0T1 briars S 28° 14' 12• E, a distance of 0.31 feet: THENCE S 22° 54' 17" E. Siang the south line way 114 4 and ai d8 eater, a distance of 21.37 feet to a point in a circular curve to the right having a THENCE along said curve to the right having a delta angle of 03° 01' 19 ", an arc distance of 304.03 feet and having a chard which bears N 86° 02' 44' W, a distance of 304.00 feet to a point THENCE N 64° 32' 05' W. a distance of 471.95 feet to a point; THENCE N 72° 13' 57" W, a distenes of 151.88 feet to a point; THENCE N 60 40' 09" W, a distance of 301.69 feet to a point; THENCE N 64° 32' 03" W. a distance of 818.87 last to a point being in a circular curve to the left having a radius of 7,604.44 feet: THENCE { at and having a chord which N 69 41' 21 W { e 6 1,368.36 36', an arc distance of a d istance o 1,368.52 feat to point: THENCE N 74° 60' 39' W. a distance of 84.60 feet to a point THENCE N 86° 23' 01" W. a distance of 161.42 feat to a point THENCE N 43° 21' 26" W, a distance of 21.98 feet to a point to a paint in the south line of Highway 114 from which a found concrete monument bears 5 85° 35' 54" W. a distance of 0.99 feet: THENCE with the south line of Highway 114 the totlowina eight 121 courses and distances: (11 S 86° 23' 01" E. a distance of 199.01 feet to a point. 421 S 74 50' 39" E. a distance of 56.03 feat to a point being in a circular curve to the right having a radius of 7,619.44 feet. (3) along said curve to the right having a delta angle of 40 18'38 °, adistaree distance of 1,370.99 feet and having a chord which bears 5 59° of 1.369.14 feet to a point. (4) S 64 33' 03" S, a Mauna. of 819.43 feet to a point. Page 1 of 3 N Temporary Construction Easemen F t E }{g,A Jab No. N 0- 1 C. Medlin Survey, Abstract No. 523 Flo b o .r 61 8 0- 1 J. Sutton Survey, Abstract No. 1154 2.317 Acres (5) S 60° 40' 09" e, a distance of 300.68 feet to a point. fa) S 72° 13' 57" E. a distance of 151.37 feet to a point. l71 5 64° 32' 06' E. a distance of 472.94 feet so boring a point Q in a circular curve to the left having a radius of 5,749.58 feet, and 081 along said curve to the left having a delta angle of 02° 52' 14 ", an arc distance of fee 288.06 feet and having a chord which bears S to the POINT OP BEGINNING. and containing 1.259 acres. or 54,822 square feet of land. PART TWO BEGINNING at a point in the south line of Highway 114. said pant aforementioned in Permanent Utility - E Easement Exhibit "A "; THENCE S 43° 21 26" E. a distance cif 12B.81 feat to a Pant; THENCE S 86° 23' 01" 6, a distance of 185.82 feet to a point; THENCE S 74 50' 39" E. a distance of 52.98 feat to a point being in a circular curve to the right having a radius of 7,589.44 feet. THENCE along said curve to the right having a delta angle of 02 32' 05 ", an arc distance of 335.77 feet and having a chord which beers S 73° 34' 36" E, a distance of 335.74 feet to a point; THENCE S 17° 41 26' W, a distance of 60.00 teal to a paint being in a circular curve to the left having a radius of 7,529.44 feet THENCE along said curve to the left having a delta angle of 02° 32' O5', an arc distance of 333.11 feet and having a chord which beans N 73° 34' 36" W. a distance of 333-0 feet to a pain= THENCE N 74° 50' 39" W. a distance of 48.92 feet to a point; THENCE N 86° 23' 01' W, a distance of 203.41 feet to paint THENCE N 43 21' 25" W. a distance of 250.22 feat to a point in the south Una of Highway 114: Page 2 of 3 12 i 065 . l 762 • Temporary urvey, Abstract nt EH&A Job No. 5S -01 C. Medlin Survey, Na. No_ 16 4 Revised March Z6, 1 996 J. Sutton Survey, Abstract No. 1164 2 -317 Acres THENCE S 74° 50' 50' E. along the south line of Highway 114, t dis of f 114.87 ot a 7 feet to the 2-317 OF BEGINNING, and containing 1.058 acres, or 48.106 square acres or 100.928 square teat of land. more or lase. SURVEYOR'S CERTIFICATE, TO ALL PASTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 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: *army Huston S. Asscpatas. Inc. - By: Surveyor's Name: R. David Strutta, Registered Professional Land Surveyor, Texas No. 4312 • Date o f Survey: October. 1993 Pace 3 of 3 2 3 5 1 0 66 • • _ __._ .._ — — — - 1. '_,t,"RVEY- C. WEDL.N A -823. .L SUTTON A-1154 DENTON CREEK R +AI. LOCATION: OENTON COUNT/. TEXAS WASTEWA TER - 1 EASEMENT Ac0UIS1T1Oa -A' 1.300 AC. 36614 SO H' 2 EN ■ 317 AC. 100926 SO. FT_ uTCN FES( CA PRESSUR SYSTfU MIOI.E PRO:WRY* ACR£AT.F_: 19611.253 AC. P LASE Ip \SECTION O j' PARCEL NO. 11 - P OC • POH •A Gam QTY OF SOY MAKE PLAT OF. EXHIBIT "A" & "B" It 667 NWT, CAWS,. AVENUE PO$ •B' PART ONE .( F.D 1 SpJT11LAKE. TE]IAS 76092 ■ . MC ` Sar ale e C 03r ti 11 s 2O5i2 2' W Z' 1 / naY L Be ? 6 4 17 p T gniCi C i c // .. cr., snr¢ / i 1.... , o R 7 . ie r e7 w // f/ I i =tea �- a _ : $' / ir _ N r3' F z / C. MEDLIN SURVEY S r . ` / a 4 ABSTRACT NO. 823 c. 1/ 4 § . .' a,"4 /5' NEC PrOLIPCSIT k %ISM Mg • + • // C. MEDLIN SURVEY y �S // ABSTRACT NO. 823 • _ .". exploit nt III" CC COSISISmF11011 =AT // T7Tee' •' PART TAO . SU TTON SURVEY // �� °pMOa" / = ABSTRACT NO. 1154 5 ■ dir .,,. a MD MOT OISC / 1 / WESTLANE INVESTISENTS. LTD. // _ RECORD NO. C0 3- R31669 // • enO WWI ONC 1969.563 AC.) a nia aiY a (CAL IOATED 5_17-93 F « o PRO CON RCN {. e, � .9 SWIM" / aSST 1/ „ MOT PSC mac . sr� eras POB 'IN w PART TWO --,r,,,,4„ I PAGE 1 OF 2 Paye 1 aON4Re. 1ta r�roo o.a s 3a R. Qarid Striation R.P.L 5. 4312 Rwn.,a. s.e us ur su 7=4 .a (SPA) J77-077 PREPARED BY CC SCALE: 1” • 200 DATE ED BY RE' 3/26/96 ,,, r . o ramie e.eooa CIS E. Be A. JOB /TRACT IF156/P11 -I 1 2345 1067 i __- • ""e EOL1N A -823. - .L MTh -7154 ' LOCA TON: OENTON COUNTY, TER CASEMENT ..COUJ51nOW .►' 1 „pp A a OENT. `EER _ 874 O. FT: "8 2.317 AC. Ipp92B SO. FT. EI N'ASTEWA OTCN GREEN PRE PHASE III \5E< 7 PARCEL. PLAT OF EXNl81 T "B" L Pia _ .A •• & 077 OF Sou INUNCE 667 TI S 2234 7 Y E z} 37 s0UTI TEXAS 5 2234'1 Y E 27.37' T3 N 72'13''7 W 7 52.39' '� Ta N 77 30 "39' W 52 T7 N d623'Ot w Radius i6s.8Y 377 9.3_8 i 4 3 . 27'28 - W Radius 7 N 1 28 6t' Arc - ,175.99 Ddta��- 76 T S 7 450'30 - E 21172' Ch. :519.95 Arc - 33577 T$ 5 43 '27 . 28' E C.8. N es- O. - .135.74 98.2/' C.S. - S 7 ,1 • 34 • 38" g T9 5 8 6'23'01' c tgt • 42' ReCt CZ T7 0 S 7a C u> a 7 � CS 3039 54.50' Oai to IGT8 44 Radius - 7529.44 5 • • T?? S 7 2'73'57' - E .47 .738' Arc - '� Are 33371 . 7! 2 S 1 741'28- ty �• - 1 363.82 riS N 74'x0'39' W 60.00' C.O. • M 664 1'27' W - 33709 46.92' C8. N 7 3'34'38 W T16 N 88'2;3'01'. W 20447- 1 717 N 4 3 - 21'25 - W 250.22' TI S 5 74'$0'30 - E i 114•[37' C3 778 N 4 327'25' W 21 94 • ROdJu - .0'18'36- 760i.i4 7 T20 5 86 '23 . 0 1 - E 199.01' Outa Odlo 1 T673 A7 - 13 58.35 0•IS36' TZT 5 74 '50'39 - £ 56.03' Ch. -. 1.344.52 Are - 137043 172 S 72 t3 "S7' E C.S. S 65'41 21- E Ch. .. 1359.74 ; 1x7.37• G8 ■ S 6 947'21' E 1 C4 Radial - 5764.88 C8 ONt f O3b1'is 0 Radius - 37713 Ara 30403 417 =.. 02'3774- C 8 • 304.00 Arc ` 288,0 S 68.02'44" E GA. .. 2 'OS 5558 71' E N.. OR M a101JE MaY'QnY aft UMW • I I . EIPM Wooer. P ACsE 2 or 2 Ha atom a. Assadate c e, nag. iao., nre^.vr eo.»vne.+ra Ooga; 7.eoa 75140 (21 Je7- 7 PREPARED BY o � , R. OQrid Struttcn R.P,L.S. 4312 CHECKED 8 Y G 2A 5 SCALE: 1” �, 200• ..H. de A. JOB/TRACT I 3 7t_Z 9A 76 tt 1 ^brtq MOW MILK ARCa.OS 1 • Permanent Utility Easement . F2 764 C. Medlin Survey. Abstract No. 823 E41A Job No. 16156 -01 - 0.833 Acme Revised April 1 , I S66 EXHIBIT 'A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE 11i1SECTION II PARCEL NO. 12 BEING A 15 -FOOT WLOE PERMANENT UTILITY EASEMENT AND A 0.833 ACRE PARCEL OF LAND SITUATED IN THE C. MEDUN SURVEY. ABSTRACT NO. 823. DENTON COUNTY. TEXAS ANO BEING OUT OF A 1988.563 ACRE TRACT OF LAND (TRACT 2) AS DEEDED TO WESTLAKE INVESTMENTS, LTD. AS RECORDED IN RECORD NO. 93-R0031669 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (OROCT). SAID 0.833 ACRE PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference et the intersection of the south in of Highway 114 is variable width right - - - of way) with the west line of Precinct Line Road l e variable width right of way); THENCE S 00° 24' 43" E. with the west line of Precinct Line Road. a distance of 15.90 feet to the - POINT OF BEGINNING; THENCE S 00° 24' 43' E. continuing along said line. a distance at 15.90 feet to a point; THENCE Al 71° 03' 54° W, !saving said tine, passing at 100.00 feat the Point of Beginning for Temporary Construction Easement Eshibit •B" Part Two, in all, a distance of 747.48 feet to a point being in a circular curve to the left having a radius of 5.679.58 feet: THENCE along said curve to the (eft having a delta angle of 01° 56' 51". an arc distance of 193.06 feet and having a chord which bears N 72 02' 20' W. a distance of 193.05 feet to a point; THENCE S 69° 31' 38' W. a distance of 98.62 feet to a point being the Point of Beginning for Temporary Construction Easement Exhibit 'B' Pert Three: THENCE N 75° 22' 01' W, a distance of 305.80 feet to a point; THENCE N 75° 07' 03' W, adistance of 369..35 fast to a point; THENCE N 83° 37 03' W. a distance of 241.10 feet to a paint being in a circular curve to the right having a radius of 5,779.88 fear THENCE along said curve to the right passing at 383.88 feet the Point of Beginning for Temporary Construction Easement Exhibit "9" Part Four, • total arc distance of 477.07 feat and having a delta angle of Q4 43' 48'. end having a chord which bears N 71° 54' 47" W. • distance of 470.93 feet 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 23.36 feet to a point being in a circular curve to the left having a radius of 5.764.58 feet; THENCE leaving Highway 114 and along said curve to the left having a delta angle of 04° 33' 56', an arc distance of 469.34 feet and having a chord which bears S 72° 00' 32" E. re defiance of 488.22 feet to a point; THENCE 5 63° 37' 03' E, a distance of 240.99 feet to a point; THENCE S 75* 07' 03 E. a dietsnce of 367.81 fest to a point; THENCE 8 75° 22' 01* E. a distance of 300.82 feet to • point; THENCE N 09 31' 36` E. a distance of 98.36 feet to a point being in a circular curve to the right having a radium of 5,694.53 feet; THENCE along said curve to the right having a delta angle of 01° 59' 56 ", an arc distance of 198.66 feet and having a chord which bears 5 72° 03' 52." 5, a distance of 188.66 feet to a point; 1 12345 1069 Page 1 of 2 Permanent Utility Easement , •D -276. C. Medlin Survey, Abstract No. 823 EH&A Job No. 18156 -0' - 0.833 Acres Revised April 1. /994 THENCE S 71° 03' 54' E. a distance of 742.22 Mat to the POINT OF BEGINNING, and containing 0.833 acres. or 36.307 square feet of land, more or less. $URVEYO11' CEATIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HERESY 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: Esoev_ Winton & Associates_ Inc. I ge 1 3‘ 24 4:1 1 By: Surveyor's Name: R. David Strutton t : Y ) . _ S w U 7 « 4H Registered Professional Land Surveyor, Ts H ai Na. 4312 , Date of Survey: - October. 1993 SUP`i Iii r 4312 . -.: . ...f.4.-if i • • Temporary Construction Easement FN 65 C. Medlin Survey. Abstract No. a13 EH &A Job No. 161 3.066 Acres Reviaed April 1. 1986 EXHIBIT `B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IIIISECT1ON II PARCEL NO. 12 BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT AND A SIXTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT AND A 3.056 ACRE PARCEL OF LAND SITUATED IN THE C. MEDL IN SURVEY. ABSTRACT !W S23. DENTON COUNTY, TEXAS AND BEING OUT OF A 1968.563 ACRE TRACT OF LAND (TRACT 2) AS DEEDED TO WESTLAKE INVESTMENTS. LTD. AS RECORDED IN RECORD NO. 93- R0031669 OF THE DEED RECORDS OF DENTON COUNTY. TEXAS'. (CRDC7). SAID 3.056 ACRE PARCEL OF LAND SWIG MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART ONE - • BEGINNING at the intersection of the south line of Highway 114 (a variable width right of way) with the west line of Precinct Lino Road Is variable width right of wash THENCE 5 00° 24' 43' E. with the west line of Precinct Line Road. a distance of 15.90 feet to a point THENCE N 71° 03' 54" W, a distance of 742.22 feet to a point being In a circular curve to the left having • radius of 5,694.58 feat THENCE along said curve to the left having a delta angle of 01° 59' 58', an arc distance of 198.66 feet and having a chord which bears N 72 03' 52° W, a distance of ISLES feet to a point' THENCE S 69° 31' 36" W, a distance of 98.96 feat to a point: THENCE N 75° 22' 01" W, a distance of 300.82 feat to a point • THENCE N 75° 07' 03' W, • distance of 367.81 feet to point: THENCE N 63° 37' 03" W. a distance of 240.99 feat to point being in a circular curve to the right having a radius of 5,764.68 feet THENCE along said curve to the right having a delta angle of 04° 33' 86 ", an arc distance of 459.34 feat and having a chord which bears N 72° 00' 32' W, a distance of 489.22 feat to a point in the south line of State Highway 114; THENCE with the south line of Highway 114 the following ten 1101 courses and distances: left (1) having a4 radius of 5,745.58 circular the feet front which s heard brass disc stamped TxDOT bears S 58* 45' 68" E. a distance of 0.37 feet, (23 along said curve to tho left having a delta angle of 04° 24 00 ", an arc distance of 441.55 feet and having a chord which bears 6 72° 06' 20' E. • distance of 441.44 feet to a point (3) S 63° 37' 03° E, a distance of 240.88 feet to a found brass disc stamped TxDOT, , (4) N 84° 36' 16" E, a distends of 154.28 feet to a point from which a found brass disc stamped TxDOT bears 5 77° 41' 03" E, a distance of 0.21 feat. - (5) S 76 40' 57" E. a distance of 12050 feet to a point from which a found brass disc stamped TxDOT bears N 56° 13' 21' E. a distance of 0.24 feet. (6) S 46° 65' 42" 6. a distance of 116 -38 feet to a point from which a found brags disc Pegs 1 of 3 ?23!,5 /Q7 Temporary Construction Easement • FN 0 -2755 C. Medlin Survey, Ata tact No. 823 E:-1.A Job No. 16166-01 3.066 Acres Raviaed April 1. 1896 stamped TxDOT hears S 81 ° 16' 28' E. a distends of 0.48 feat, 171 8 75° 22 01• E, a distance of 296.04 feat to a found brass disc stamped TxDOT, (Si N 69° 31' 38" E. a distance of 99.29 feet to a point being in a circular curve to the right having a radius of 5,709.58 feet from which aimed brass disc stamped TxDOT bears 3 60° 35' 51" W, a distance of O.58 feet. 91 along said curve to the right having a dolts angle of 02° 02' 59', an arc distance of 4 k 204.25 feat end having a chord svtdch bears 5 72° 05' 24' E. a distance of 204.23 feet to a point from which a found brass diva stamped TxDOT beans N 45° 35' at' W. a - distance of 0.18 feat, and (791 5 71° 03' 54' E, a distance of 736.95 feet to the POINT OF BEGINNING and containing . 1.132 acres or 49.318 square fees of lend, more or less. , PART TING BEGINNING at a paint aforementioned in Permanent UtlUty Easement Exhibit "A'; THENCE 8 18° 58' 06' W, a distance of 80.00 feat to a point; THENCE N 71 03' 54' W, a distance of 320.00 feet to a point; THENCE NI 8 ° 58' 06' E, a distances of 60.00 feet to • point: THENCE S 71 03' 54" E. a distance of 320.00 feet to the POINT OF BEGINNING, and containing 0.441 pores. of 18.200 square feet of tend, more or less. PART THREE BEGINNING at a point aforementioned In Permanent UtEsty Easement Exhibit 'A "; THENCE 5 02° 58' 12" 6, a distance of 62.93 fest to a point; • THENCE N 75° 22' 01" W. a distance of 324.71 feet to a point: THENCE N 75° 07' 03' W, a distance of 376.62 lest to a point THENCE N 63° 37' 03' W, a distance of 55.84 feet to a point THENCE N 00 58' 65" W, a distance of 67.56 feat to a palm THENCE 5 83 37' 03" E, a distance of 80.85 feet to a point; THENCE S 75. 07' 03" E, a distance of 389.35 feet to a pant; THENCE S 75° 22' 01" E. a distance of 305.60 feet to the POINT OF BEGINNING, and containing 1.041 sores. or 45.366 square feet of lam, more or lean. Page 2 of 3 1 345 It }7r? Temporary Construction Easement • Frill 65 C. Medlin Survey. Abstract No. 823 EH &A Job No. 1 51 56-01 3.066 Aces Revised April 1. 1996 PART FOUR BEGINNING at a point aforementioned in Permanent Utility Easement Exhbit 'A "; THENCE S 70° 24' 66" W, a distance of t 33.72 feat to a paint, THENCE N 68° 38' 25" W. a distance of 179.40 feet to a point: THENCE N 22° 54' 17" W. a distance of 123.27 fest to a point THENCE S 66° 44 "34" E. a distance of 86.63 feet to a point In the south line of Highway 114; THENCE S 22° 54' 17' E. with the south line at Highway 114, a distance of 36.45 feat to a point in — the west line of the future Trophy Club Drive; - THENCE 5 88 38' 25° E, with the south line of Highway 1 14, a distance of 1 31 .7 0 feet to a point in the east line of the future Trophy Club Orive; THENCE N 70° 24' 66" E. with the south line of I4tghway 114. a distance of 38.71 feet to a point being in a circular curve to the left having a radius of 5,779.58 feet: THENCE leaving said line and along said curve to the left having a delta angle of 90° 56' 02°, an arc distance of 94.18 fast and having a chord which bears S 70° 00' 56' E. a distance of 94.19 feet to to the POINT OP BEGINNING, and containing 0.442 acres, or 19,256 square feat of land. mare or less for a total area of 3.066 acres or 133.130 square feet of land. more sr less. SURVEYOR'S CERTIFICATE • TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 100 HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND PROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Fanwv. Huwnn & ,cl Inc. By; 052 Surveyor's Name: R. David Stratton (it R 1' - Regiatarad Professional Land Surveyor, Texas No. 4313 Date of Survey: October_ 1993 " Pugs 3 of 3 1231i7 I fl 7 3 - I - Su Rvay: C. 1ICOLtN A -833 DENTON CREEK RONAL . LOCAfl0 'OENTON COUNTY. TEXAS WASTEWA IA EASENCNT ACDUISEflON'A" 0.833 AC. .18.307 T 3.056 AC. 133!30 SO. FT. ION CAM SYSTEf1 _ *ROM PROPERTY AcPEAGE: 1968.563 AC. PHASE III \5ECT10N II PLAT OF EXH18V1 "A" Ss "B PARCEL NO. 12 P08 'A' C1TY Or SOU1MLAKE POC 'A' 667 NOM CARRO. AVENUE P08 '2 SoutNl. . TEXAS 76092 PART OIL Poo, NeT us >R. ►O8 ,S. PAl1T TWO 1V TOJEMOW 72 R CONOT . ... 0917 YE51LAKE 1NKSTIIENTS. LTO. '� v6" r aclgsANdr I' D NO. 93 1r16arr tali -I' REGOR C -s 3 4. jr • D R.D.0 T. 3- a B (CALt.ED 1968.563 AC.) - •R' .r ; DA 5 -%7 -D3 g� _ ? WO T O " / "1 oc'o'.aerwr T er ms i x GO Mf.illUN s `•• n i s . Cd4>4RI Ma .r. yI 1 .� T ^ ? TOOCRADY D8gpp1CDCW 0117 . pa We TQOT 4 ass's- r C. MEDUN SURVEY 8,. ABSTRACT NO. 823 I� MD T) OT owe P081 'H' a !O s 3033 - 3r r • *AO PART THE= t:. r so so9r r ase POD '8' no WOOD aac 1 Aar PART FOUR r 1. .. no TART Sate • s 66' mos Tools a $ . A C0.ln1uC710N MAT - MO MOT WC .. Y if ADO Tenor 06C i L _ � • s mob' c S MAW a 1z � + 4241V ea parr a SIR .. ■ np Tlmo* or 60• nos ofoans u�+ m1 1+Cnau saw/ If C. MEDUN SURVEY st ' i i , 2 ABSTRACT NO. 823 oar k � %ESTLAKE INVES11LENTS. LTD. - n10 MOOT Oae a ; S 3 RECORD NO. 93- 80031660 i a •x' 1 D.R.D.GT. ohm. L.? . D YRACT 1 • y a r - (CALLED 1968.563 AC") 1 - in DATES 6- 17.93 1 h 1 PAGE 1 OF 2 Cep piASSr+Ay Ir Co"'++ ° ^'w+^r°t CanIYHfAS! R . David Stratton R.P.LS. 43%2 �;' — -� I /51100 ...col !fort Onvs. Vans 130 _ pane.. r .ov 751/0 (2 r s) YIV - Ors • 1• -- PREPARED 8Y GC SCALE r — 200' r 1 CHECKED BY DS �+ REV a/1 /98 ;Os" Not wee toms r DATE AT A. J08 /TRACT 16150 1P12 - 2 ;c ;S I D 7 t) • ` 5U1t4CY- C. 14EULIN A- - DENTON LEEK 4 ' -• INAL LOCATIONS .: NTON COUNTY. lE1tA5 wASTEWA1ER EASEYENY AOOUrS11CN' 0.633 AG 36307 - 'i3" 3.036 AC. 135130 SQ FT. DENTON CAS pR YST1L •rM01.E PROPERTY ACREAGE: 1968.763 AC. PHASE Et \SECT1aN II PARCEL NO. 12 0 T CI 770YT161.1I1E PLAT OF EXHIBIT "A" & "B' 667 R E AVENLE SOU TT 5 00'24' E 1 5.90 • T2 5 00'2 E 15.90" - T3 5 69 w Sale T4 N 70 E 23 -45' 75 N 702456' E 23.38' Radius Cli CS 5679 -58 RoQws C 5779.58 06 to + 01'59'51' 0.11.0 a 0056'01" T6 N 66'31'36' E -�s� Are A 193.06 Are 9+09 T7 3 1538'06 w 60.00' Ch. A 193.05 Ch. .. 94.19 C.3. — N 7202'20" 91 G8 - S 70'0115.5' 6 TB N 111r56116 E 60.00' T9 S 0255'12' E 62.93' C2 C7 719 14 63 VI 5584' Radus A 5779.59 Aadus A 574953 Odta AT 3443'49' Della • 0424'00' 711 N 0758'56' w 67 -56' Arc a 477.07 Are A 4.1.55 Ch. A 470.93 Ch. .. 441.44 712 N 164P E 154 C.9. . N 71"5417' W G.B. S 7206'20' E . 713 5 76'40'37' E 120.00' 7114 5 45' '55 E 115 - 36' _ • 115 N 69'31'38 E 99.29 G0 776 S €737 Radius • 5709.58 O3" E 60.85' 03 Oatta • 02'02'59 717 N TO 24'58' E 38.71' RadW S r 5784.58 Arc .. 294.E ( 33.77 Data • 047554" C11. 204.25 715 5 70'24'Sb" W Are = 459.34 C.B. s S 720524" E 719 N W38'25 w 179.40' Ch. — 459.22 720 N 22'5417" W 123.27 C.B. ■ 5 72100'32' 6 721 S 66'44 E 66.63' . T22 5 225417' E 36.49' C4 727 5 6Y Sg'23' E 151.70' Radius = 5694.58 ONto = 0539'56" Arc + 195.69 Oh. .. 198.65 _ C6. — S 72'03 E i_ . aro .tit MOWRY .MO TAIOO PAGE 2 OF 2 • i MNN.rf ry17P∎Or .I Con "Wlranr. " sg aa w. •• IrArl onr. aw .Ta R acrid 5trlltton R.P.LS 4312 0. r..a. rs14o f: r4l 3s7 — Darr \ -• - - PREPARED 8Y GC � r : • CHECKED 8Y OS SCA ," 20 0' ; 1, - . DATE RE1t 4/1/96 �• �'�% .■s iasw1YN :. ==cora E.H. de A. 549 /1RAFT 16156/P12-2 I 2 3 ft :; i 075 • • • , • . I D196090986 CITY SOUTHLAXE 667 N CARROLL AVE 76092 SOUTIILAICES • TX I I t W A R N I N G - T H I S IS PART OF THE OFFICIAL RECORD- 0 NOT D E S T R O Y 1 N D E X E D -- T A R R A N T C O U I i T Y T E X A S . 1 S U Z A N N E II E N D E R S O N --- CO1JDiTY CLERIC O F F I C I A L R E C E I P T T 01 CITY OF SOUTHLAXE RECEIPT NO REGISTER 00022 PR lO E 196182162 1 INSTRUMENT FEECD INDEXED TIME 1 D196080986 WD 960429 10:58 CG i 1 T O T A L: DOCUMENTS: 01 F E E St 47.00 • i i HY: I 1 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE t OF THE IS INVALID AND DESCRIBED UNENFORCEAt UNDER FEDERAL LAW COLOR OR RACE . i 1 1 2 3 Ly :3 10 6 1 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 # IS Unique Identifier Number: DC003- 13 ! ! DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE III, SECTION 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 NO /100 DOLLARS ($4,000.00) and other good and valuable consideration to GRANTOR in hand paid by the 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 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 right -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 Demon 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 Iay, construct, inspect, operate, maintain, repair, replace, change, and /or remove more than one (1) line of pipe_ f: \filar \slake \ tra \dentcrk \condemn \decker \easement.fn Page 1 5E1'2 6 1495 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 GRANTEE'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 IMPROVEMENTS 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 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 GRANTEE 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 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, GRANTOR'S 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 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 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. GRANTEE will not remove excess dirt from permanent easement if it is possible and feasible. t: \£ des \slake \tra \denterk \condemns \ decker \easementle4 page 2 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 those 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 pertaining to such Temporary Construction Easement, at which time GRANTOR 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 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 easement as closely as possible to its condition prior to entry thereon and shall pay for any additional damages resulting from such activities. GRANTEE 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 Exhibit "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_ \files\ slake \tra \denterk \condanna \decker \easemetlt.fn4 Page 3 the land around the tree). All measurements in diameter will be made by use of a caliper, an instrument used to measure 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 GRANTEE to the extent it dies within one (1) year after final acceptance of the IMPROVEMENTS 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, GRANTEE 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 back 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 " n scraped by construction equipment) shall be painted by GRANTEE with black pruning paint within 30 days after CONTRACTOR'S backfilling of the pipeline trench within GRANTOR'S property. ALL trees, limbs and shrubbery that are cut in accordance with the hereinbefore 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, GRANTEE 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 Easement which would cause (a) the Easement or adjoining property of GRANTOR to become a hazardous waste f: \files \slake \tra\dentcrk \condemns \decker \easement_tn4 Page 4 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 claim 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 GRANTEE'S operations shall be paid by GRANTEE, 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 G \riles \slake \tra \denterk \condemn \decker \easement.le4 Page 5 G RANTOR'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 .3/ day of , 199 onda 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 - i - ., -7 , 1996. off °; GEORGIA STINSON rloary?u : .; My Comm Expitm 10 -15-97 Notary Public in and for the State of Texas ft \files \slake \tra \den[crk \condemn \dccker \cascmen:t.fn4 Page 6 :rrnanent ut,:,r• Easement • D -2577. Pea Survey A.1015 EH3A Joe NC 'Q15E -01 . :61 Acres = .evisea . rz .i 1995 EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IIIlSECTION It PARCEL NO. 13 BEING 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 850. CF THE DEED RECORDS OF DENTON COUNTY. TEXAS (DRDCT). AND BEING SITUATED IN THE W. PEA SURVEY. ABSTRACT NO. 1045. TOWN OF TROPHY CLUB. DENTON COUNTY TEXAS. AND BEING MORE PARTICULARLY r • DESCRIBED AS FOLLOWS; C7 COMMENCING for reference at the northwest comer of said remainder tract of land, same tieing the intersection of the U - ; • east line of Precinct Line Rosa la variable width right-of -way) with the south One of State Highway 114 (a venaoie width • r y -fight -0r -way): — THENCE S 02' 34'46"W. along the west line of said remainder tract area the east line of Precinct Line Read. a distance - c r3 of 15.74 feet to Me POINT OF BEGINNING. (T) f - j - HENCE 5 71' 93' 54" E. leaving said One area crossing sacs remainder Tact. a Distance of 17 90 feet to an angre point: -HENCE S 89' 01' 37" E. a Distance of 26.19 feet to an angle point: r d - HENCE S 65' 54' 09 E. a essence of 219.51 feet to a barn in the east tine of said remainder tract. same being a point . 7 n the west sne of a 232.921 acre tract of land mesons/ea in deed to MTP -IBM Phase di and III Joint Venture and recorded 0 ._ n Volume 8995. Page 1288. DRDCT; f .-. C� = -HENCE S 00' 30' 15" E. along tree east line of said remamaer tratz area a west line of said 232.921 acre tract a distance o f 10.91 feet to an angle point: THENCE N 66 54' 09 W leaving said common One area crossing said remember tract. a distance of 222.02 feet to an angle point THENCE N 89' 01' 37 W. a distance of 25.81 feet to an angle paint THENCE N 71 93' 54" W. a aisance at 18.55 feet to a point in the west line of said remainder tract and the east fine of Precinct Line Road: THENCE N 02" 34' 46" E. alone the west enact said remainder tract and me east line of Precinct Line Road a distance of 10.42 feet to the POINT OF BEGINNING and containing 0.081 acres of land or 2.540 scare feet more or less. SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED. I CO HERESY 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. 5 "rt v H*tstnn 8 Assgcere, Inc 1 • Surveyors Name .r_n Strawancce ♦ '� Regislerea Professional Lana Surveyor. Texas No 4283 Date of Survey Octeoer 1°93 - ocrar: ..cnstrn:c::an t_aserre -: 41 .411/157: .. .ea Survey -1015 El Joc ND 1E1S6 - 1 =7 Acres nevrsea June ' cc_ EXHIBIT "B" EJTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE III /SECTION tf PARCEL NO. 13 iNG A SEVENTY -FOOT WIDE i EMPORARY CONSTRUCTION EASEMENT SITUATED IN THE REMAINDER OF - RACT OF LAND DESCRIBED IN DEED TO RHONDA C. DECKER - CHANDLER RECORDED IN VOLUME 1139, GE 580. OF THE DEED RECORDS OF DENTON COUNTY. TEXAS (DROCT). AND BEING SITUATED IN THE W .A SURVEY. ABSTRACT NO. 1C45. TOWN OF TROPHY CLUB. DENTON COUNTY. TEXAS. AND BEING MORE RTICULARLY DESCRIBED AS FOLLOWS; _GINNING at me northwest corder of said remannoer treat of land. same being the ettersecoon of the east line of �cinct Line Road (a vanaole wham night-of-way) with the south line of State Higftwey 114 (a variable width ngftt- of -way(; ENCE S 71' 03' 54' E. along the south the of Highway 114. a distance of 258.17 feet to the northeast comer of said - minder tract same ttessg a now:west comer of a 232.921 acro tract of land desanbed in deed to MTP -IBM Phase If t Ill Joint Venture and recanted in Volume 8995. Page 1258. ORDCT; • ENCE S 00' 30' 15' E. atone me east line of said remainder tray and a west sine of said 232.921 acre tract_ a mammas '423 feet TO an angle point. ENCE N 71' 03' 54 - W. leaving said common line and crossing said remainder tract a Distance of 252.33 feet to a "' nt in the west line of stand remainaer tract and the east line of Precinct Line Roam: - ENCE N 02' 34' 46' E. alana the west !me of said remainder tract and the east line of Precinct Lane Road. a distance - 2.95 feet to the POINT CF BEGINNING and containing 0.418 acres of land or 18.218 square feet of which 0.051 "es or 2.540 square feet is comamea in Permanent Utility Easement Exhibit - A - for a net area of 0.357 acres or 15.578 _ Jane feet. more or fess. - _� SURVFYC?R'4CFRTIFICATE ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED. I DO HEREBY CERTIFY THAT THE • - 3OVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND :CURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. :moany Name: esOeSr StOn I. AeannintP4 Inc _ / _ OF JOHN STRrWBRlD4E ry or's Name: Jnhn S trawmrace 9 • -1O • e1" ` O ' U ' 1� tgtstered Professional Lana Surveyor. Texas Na. 4283 ate of Survey ^rfnnp' -adi m 4_1 • 1 CENTON CRE' GIONAL CEVTON COON fY T_' <AC MASTE`h'A TESTE ♦SE.EHr AcouismON -- •' O C6I AC 2540 SD ° 157 AC .5E78 SC OEN TON CREEK vRtS URE 5^STE1,1 conP tY ACREAGE. - REMAINDER PARCEL r PHASE III/SECTION II FLAT CF EXHIBIT & "E"' PARCEL NO 1 3 CITY OF SOUTNLAxE 667 NORTH CARROL AVENUE SOOT A,AKE. TExAS ?6092 (V g Ri g B L E ww ►tip Rs ' - " POV "� Pon •H" s CJ' s, - 6 �oy- •••• N 112.3. , 02 � + W 3 r - u - rer CCI SWU C lICes r CplatfllRlTIOw f9rr W N W RHDNDA C. DECKER - CHANDLER U co vat_ 1139. PC. 580 _ (REMAINDER PARCEL) o ix' DR.D.C_r. 9 Iw YTO -I6V PHASE II ANO Ill JOINT VENTURE VOL. 8995. PG. 1268 (CALLED 2.2 -92T AC.) O•R.D.0 -T. Tl 5 02'34'46' W 13.74' ' O • T2 S 71'03'54 E 1 7.90' T3 5 89131'37' E 26.19' r4 S 00'30't5' E 10.91' Q G T5 N 69 '01'37' W 25.81' Y" T6 N 71 '03'54' W 16.55' Q` T7 N OY34'46' E 10.42" Ept rates d k1 y • saoa »•�o..�o .� `:'A Nn Stro IO .P s Atones 'r a F. L- . 4283 / ID „pnuA ,..as 75140 RAJ se 7-0771 q JOHN STR4WBRIDGE - PREPARED B Y C SCALE: 1. . 60' �: =2E3 CHECKED B Y �S `j'. nv�� r1A T- R EV 5 3196 0 ”. AFTER RECORDING, RETURN TO: WAYNE K. OLSON FIELDING, PARRETT & TAYLOR, L.L.P. 500 THROCKMORTON 3400 BANK ONE TOWER FORT WORTH, TEXAS 76102 -3821 (817) 332 -2580 Filed for Record ins DENTON COUNTY, TX HONORABLE TIM HODGES /COUNTY CLERK On Sep 04 1996 At 2:12pm Doc /Num : 96- R0061617 Doc /Type : EAS Recording: 21.00 Doc /Mgmt : 6.00 Receipt Ni 27759 Deputy - Cheryl I SCANNED DOCUMENTS Easement Agreement 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 Project Subsystem # DC002 Parcel # Unique Identifier Number: DC002 -) 4 1.0c.* c tt 1 r % • • •■ •,, 4285 01377 EASEMENT AND RIGHT -OF -WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) • TH E STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § ' THAT MTP•IBM Phase 11 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 SOUTHIAKE with its principal office at 667 North Carroll Avenue, Southlake, Tarrant County, Taxes 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 fine 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 and Denton County, Texas, more particulary described 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'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.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 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. 14. For erosion control purposes, the easement rights granted and conveyed herein to CITY shall also include the right at any Urns 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 editing 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 shall be constructed within the high -flow boundaries of said water drainage courses. The CITY, at Ns 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. 14. 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 end 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, GRANTORS, successors and assigns, may construct, dedicate end maintain across said easement and right- of-way such roads, paved puking areas, alleys, Why 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 remed lation 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. i CITY shall dean up and remove all trash and debris, repair and re • lace fences and repair other damages caused by said construction. •Mw. TRUE AND CORRECT COPY OF 0ORIGINAL RECORD FEED IN ∎ : TA • COUNTY, o ... T. +t ` NE NENP. L• / 4285 01378 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, pens, and/or encumbrances of any kind that are tiled 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, end (U) any encroachments, protrusions, taxes for 1995 end 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 _ cat day of OE u uo y ,199,E MTPdBM Phase It and III Joint Venture, a Texas general partnership By Maguire/Thomas Partnere -Dallas, Ltd., a California limited partnership, general partner By: Mag re/Thomes Partners, Inc., a Gehl is corpora � partner Name: its: PlestiRYnMr'n V.4k'PI.(I By: international Business Machines Corporation, a New York corporation general p= / ID By: /‘ Name: Its: Wrec6 ,f4?, e tent IBM Real Estate Services • TRUE ANDCOIT COPY OF OAAaNAL RECORD PILED IN • i \ 7 SUZANNE , TEMAS; � N COUNTY CLERK By °WY 4285 01379 ACKNOWLEDGEMENT State of New York County of G e J. R. Mayo Director, Finance, Investments This Instrument was acknowledged before me on',f i, r� / by &Asset a Management ' of International Business Machines Corporation, on behalf of said corp. ,; and the corporation acknowledged this instnrment as partner on behalf of MTP•IBM . P . • .` , Joint Venture, a partnership. wir 4 : ,p1, a 1 „; : N State ol N AB ° • t . . , ACKNOWLEDGEMENT Qualified in vu sohssm es`1 30. ' � - cmnm►es►an Efes State of .� _'. ,a • County of _.4:itilr.i.. 9.,/l This Instrument was acknowledged before me on / /2 4- 17 4 by Robs "F l g c o is a • '�e $4,,,a 4; 94 .rFre,✓ of MaguirelThomas Partners, Inc., Ina, a California corporatiolf, gen parthat &Magulrelrhomas Partners - Dallas, tAl., a California limited padaership, general partner of MTP 4BM Phase II and III Joint Venture, a Texas general partnership, as the act of said corporation in its capedty as general partner of said limited partnership in its capacity as general partner of said general partnership, on behalf of said general partnership. ' , � . ` Cori a A X ' ' _ Pudic of C �itioc -� � �� 4:::=52411: � O X � � � i • • / TRI AND CORRECT DOPY OR i 4 i ONIWNAt.NECOR / \ / # SMANNE HBr0EASON, 000N Y ERIC IMIIIIIMIIIIIINNIN 4285 01380 • Permanent Utility Easement FN D-2738 Willem Pea Survey, Abstract no. 1045 EHSA Job No. 16168-01 J. Henry Sunray, Abstract No. 529 December 14, 1905 W. Medlin Surrey, Abstrct No. 1588 W. Medlin Survey, Abstract No. 1058 C.M. Throe's Survey, Abstract No. 1510 1.594 Acres EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE BISECTION I PARCEL. NO.14 BEING A VARIABLE WIDTH PERMANENT UTILITY EASEMENT SITUATED IN THE REMAINDER OF A CALLED 232.921 -ACRE TRACT OF LAND DESCRIBED IN DEED TO MTP,IBM PHASE II AND HI JOINT VENTURE AS RECORDED IN VOLUME 8995, PAGE 1288, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (ORTCT), AND BEING SITUATED IN THE WILLIAM PEA SURVEY, ABSTRACT NO. 1045, THE J. HENRY SURVEY, ABSTRACT NO. 529, THE W. MEDUN SURVEY, ABSTRACT NO.1588, THE W. MEDUN SURVEY, ABSTRACT NO. 1958, AND THE C.M. THROOP SURVEY, ABSTRACT NO. 1510, DENTON COUNTY AND TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE POINT OF BEGINNING is for reference at the northwest comer of the remainder of said 232.921 -acre tract of land, same being the northeast comer of a remainder tract of lend deeded to Rhonda C. Oecker- Chandter as recorded In Volume 1139, Page 580 of the Deed Records of Denton County, Texas end being In the south right of way line of State Highway 114 (vadeb!s width as widened) from which point a TxDOT disk bears N 35° 5719' E, a distance of 0.38 feet; THENCE 883° 04'59" E with the Ones common to 232.921 acre tract end State Highway 114. a distance of 70.00 feet THENCE abasing said 232.921 acre parcel the following seventeen (18) courses and distances; (1) 8 2855' 01°W, a distance of 1530 feet, (2) 883° 04' Sr E, a distance of 134.88 feet, (3) 8 49.15'49" E, a distance at 108.77 feet, (4) 8 71° 03' 54" E. a stance of 104.18 feet, (5) 880° 54' 08" E, a distance of 228.55 feet, (8) 1329° 05' 09° E, a distance of 31.38 feet, (7) s 18° 58 w, a distance of 23.32 feet, (8) S 71 ° 03' 54' E, partially with the south right of p way Line of Highway 114, a distance 111 150.00 feet. (9) N 18° 58' or E, a distance of 24.37 feet, (10) N CO° OS' 49" E, a distance of 49.99 feet. (11) S 71 E, a distance of 248.80 feet (12) 877° 28'29" E, a distance of 748.72 feet, (13) S 71° 03'54" E, a distance of 1441.90 fest, (14) 882° 34' 42" E. a distance of 403.23 feet to the beginning of a circularcurva to One right having a radius at 2094.79 feet; (15) Along said cnuve to the right en arc distance of 39127 feat, through a *antral angle of 08° 19' 08" and having a chord which bears 858° 25' 08" E, a distance of 390.92 kefy (18) 5 54° 15'34" E, a distance of 400.58 feet, (17) S 84° 20' 13" E, a distgrrce of 55,97 feet, and HE T Ex .0 Ot �� CNIlYCL CLERIC BY Wpuh Page 1 of 3 1.285 01381 Permanent Utility Easement FN D•2738 WNOam Pea Survey, Abstract no. 1045 EHBA Job No. 18158 -01 J. Henry Survey, Abstract No, 529 December 14. 1095 W. Medlin Survey. Absfct No.1588 W. Medlin Survey, Abstract No.1958 C.M. Throop Survey, Abstract No. 1510 1.594 Acres • (18) 8 38" 09'25" E, a distance of 61.03 feet to a point in the south line of said 232.921 -acre tract same being In the north line of Wesdakel8outhtake Park Addition Number 1, an addition to Tarrant County recorded In Volume 388, Page 214, of th Map Records of Tarrant County, Tunas; THENCE S 89° 59'48' W, along the south line of said 232.921 -acre tract end the north One of said addition, a dance of 18.58 feet THENCE leaving said common line end crossing said 232.921 -acre tract the following seventeen (17) courses and distances: (1) N 38° 09'25" E, a distance 44 138.31 feet, (2) N 84° 20' 13' W. a distance of 53.53 few (3) N 54° 15' 34' W, a distance of 401.89 feet to the beginning of a circular curve to the left having d radius of 2679.79 feet, (4) 0 11 sold curve left chord which bears N 58° 25' feet, W, through istanc central 3138.75 f t. (5) N 82 W, a distance of 402.11 feat, (8) N 71 ° 03' S4" W, s distance of 1439.95 feet. • (7) N 77° 28' 29" W, a distance of 748.72 feet, (8) N 71° 03' 54" W. a distance of 242.82 feet, (9) 8 80•05' 49' W, a distance of 37.84 feet, (10) 818° 58 W, a distance of 28.74 feet, • (11) N 71 °03'54" W, a distance of 180.00 feet, (12) N 18 E, a distance of 28.84 feet, (13) N 29° 05' OP W, a distance of 24.39 feet, (14) N 80° 54'08" W, a distance of 222.58 feot, (1S) N-71° 03' S4' W, a distance of 108.38 feet, (18) N 49° 15' 49" W, a distance of 109.85 feet, end (17) N 83° 04' Sr W, a distance of 125.28 feet to a point in the west One of said 232 .921 -acre tract and In the ' east line of Bald Decker- Chandler tract; • • • TRUE MD CORRECT COPY OP /� � CtM 01NALRECORDf IN °+ S TARRANT COUNTY, TEXAS: • SUZANNE HENDERSON. COUNTY cum ey NNW Page 2of3 • 4285 01382 Permanent Utllity Easement FN 0-2738 Wiliam Pea Survey, Abstract no. 1045 E MA Jab No. 18158-01 J. Henry Survey, Abstract No. 529 December 14,1995 W. Medlin Survey, Abetrot No. 1588 W. Medlin Survey, Abstract No. 1958 CM. Throop Survey, Abstract No.1510 1.594 Awes � r THENCE N 00 30' 1r W, along the west Um of said 232.921 -acre tract and the east Ike of said Cocker- Chandler tract, a cane of 33.80 to the POINT OF BEGINNING and containing 1.594 acres of land or 89,440 square feet, more or lees. SURVgyORS CERIIF(CATE TO ALL PARTIES INTERESTED W TITLE TO THE PREMISES SURVEYED, 1 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 N m Esnev Huston 8 Associates. Inc. d jjrr ' nr 4 Surveyor's Name: John F. Wilder 4A Jt lIV I ii: ••*• • • N.N..NN.N * Registered Professional Land Surveyor, Terms Ns. , 4285 a 1- • 4265 y' � Data of Survey: October,1993 j ' • • • • • ` r w TU M�C q » OP r RSON, COMM CLERK BY Page 3of3 4285 01383 'Temporary Construction Easement FN 0 -2738 WUlam Pea Survey, Abstract No. 1045 EH&A Job No. 18158-01 J. Henry Survey, Abstract No. 529 ' December 14, 1995 W. Medlin Survey, Abstract No.1588 W. Medlin Survey, Abstract No.1958 C.M. Throop Survey, Abstract No.1 510 7.839 Acres EXHIBIT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE IIISECTION t PARCEL NO.14 BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE REMAINDER OF A CALLED 232.921 -ACRE TRACT OF LAND DESCRIBED IN DEED TO MTPdBM PHASE II AND II JOINT VENTURE AS RECORDED IN VOLUM 8995, PACE 1288, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (ORTCT), AND BEING SITUATED IN THE WILLIAM PEA SURVEY, ABSTRACT NO. 1045, THE J. HENRY SURVEY, ABSTRACT NO. 529, THE W. MEDLMI SURVEY, ABSTRACT NO. 1588, THE W. MEDUN SURVEY, ABSTRACT NO.1958, AND THE C M. THROOP SURVEY, ABSTRACT NO 1510, DENTON COUNTY AND TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at the northwest corner otitis remainder of said 232.921 -acre tract of land, same being the northeast comer of a remainder tract of land deeded to Rhonda C. Decker - Chandler as recorded In Volume 1139, Page 580 of the Deed Records of Denton County, Texas and being in the south right of way line of State Highway 114 (variable width as widened) from which point a found TxDOT disk bears N 35° 57' 19" E. a distance of 0.38 feet; THENCE along the south right of way of State Highway 114 the following seventeen (17) courses end distances: (1) S 83° 04' or E, a distance of 144.48 test, from which a found TxDOT disk beam N 31' 13' S8" E, a distance of 0.35 feet; • (2) S 49 *15 '49" E. a distance of 107.70 feet, from which a found TxDOT disk bears N 15° 53' 08" W, a distance of 0.84 feet; (3) 8 71° 03' 54" E, a distance of 100.00 feet, from which a found TxDOT disk bears N 00° 47' 53" E, a distance of 0.44 feat; (4) S 80° 54' 08" E, a distance of 234.55 feet, from which a found TxDOT disk bears N 18° 27' OO" E, a distance of 0,51 feet (5) S 29° 05' Or E, a distance of 52.33 feet from which a found TxDOT disk bears N 19° 68' 34" E. a distance of 0.44 feet (8) 818° 58' 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 feet (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; (8) N 18° 56' Or E. a distance of 30.00 feet, from which a found TXDOT disk beam N 18° 23' 45" E, a distance of 0.88 feet (9) N 80° 05' 49" E, a distance of 82.43 feet, from which a found TxDOT disk bears N 24° 46' 15" E, a. distance of 0.48 feet (10) 8 71° 03' 54' E, a distance of 254.57 feet from which a found TxDOT disk beam N 08° 07' 31" E. a distance of 0.83 feet; (11) 877° 28' 29' E, a distance of 748.72 feet, 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 found TxDOT disk; (13) 882° 34'47E, a distance of 404.34 feet to the beginning of • circular curare to the right having a radius of 2709.79 feet, .r ' TRIM AND CORRECT COPY OP ORIORIAL RECORD PILED IN • i` TARRANT COUNTY,TEXAS 1. SUZANNE HENDERSON, COUNTY CLERIC BY i f Deputy Page 1 of 3 w I.• 4285 01384 • Temporary Construction Easement FN 0-2738 WU liam Pea Survey, Abstract No. 1045 EHd,A Job No. 1015841t J. Henry Survey, Abstract No. 529 W. Medlin Survey, Abstract No. 1588 December 14.1995 W. Medlin Survey, Abstract No. 1958 CM. Throop Survey, Abstract No. 1510 i J 7.939 Acres (14) Along said curve to the right en are distance 01 393.45 feel, through a central angle of 08° 19' or and having a chord WA bean 858° 25' 0r E. a distance 0(393.10 feet; (15) S 54° 15' 34° E, a distance of 399.24 feet, from which a found TxQOT disk bean S 89 52° E, a distance of 0.17 feet (18) 8 84° 20' 13° E, a distance of 56.55 feet* the beginnUg of a droller curve to the right having a radius (4 2754.78 fest, and (17) Along said curve to the right an aro distance of 10727 feet through a central angle of 02' 13'82" and having a chord which bears S 43° 15' 10° E, *distance of 107.28 feet to the southeast corner of said 232.921 -acre tract, same being the northeast corner of Wegltaka/Sauthiake Park Addttlan Number 1, an addition to Tarrant County recorded in Volume 388, Page 214, of the Map Records of Tarrant County, Tense; THENCE 8 89° 59' 48° W, along the south the of said 232.921 -acre tract and the north tine of said addition. a distance of 128.78 feek THENCE leaving said common One and crossing said 232 .921 -acre tract the following fifteen (15) courses and distances: (1) N 38° 09'25° W, a distance of 7.41 feet, (2) N 84° 20' 13° W, a distance of 43.78 feet, (3) N54° 15 34° W, a distance of 407.17 feet to the beginning of a circular curve to the left having a radius 012819.79 feet, (4) Along said curve to the lett an arc distance of 380.38 feet, through a central angle of 08` 19' Or and having a chord which bean N 58° 25 or W, a distance of 380.05 feet, (5) N 82° 34' 42° W. a distance of 397.68 feet, (5) N 71° 03' 54' W. a distance of 1432.18 feet, (7) N 77° 25'29°W, a distance of 748.72 feet, (8) N 71° 03' 54° W, a distance of 210.88 feet, (9) . 818° 58' O8' W. a distance of 57.00 feet, (10) N 71° 03' 54° W, a distance of 300.00 feet, (11) N 18° 58' 0W E. a distance of 34.80 feet, • (12) N 80° 54' W, a distance of 174.83 feet, (13) N 71° 03' S4' W, a distance of 125.08 feet. • (i4) N 49° 15'49' W, a distance of 114.13 teat, and (15) N 83° 04'59°W, a distance of 88.88 feat to a point in the west line of said 232221•acre tract and In the east line of said Decker-Chandler best . TRUE AND CORRECT '` ORIGINAL REt FlIDI N TARRANT COUNTY TEXAa: SUZANNE HE NDERSON, COUNTY CLERK DY Deputy Page 2of3 4285 01385 Temporary Construction Easement FN D -2738 . William Pea Surrey, Abstract Np. 1045 EH&A Jab No. 18158-01 J. Henry Sunray, Abstract No. 529 December 14,1995 W. Medlin Survey, Abstract No.1588 W. Medlin Survey, Abstract No. 195S C M. Throop Survey. Abstract No.1510 7.839 THENCE NOW 30 15 W, along the west Hen of said 232.921.acre tract and the east line of said Dacker•Chandler treat, a Mena 01 101.39 (sotto the POINT OP BEGINNING and containing 9.433 acres or 410,911 square feet of which 1.594 acres or 89,148 square to contained In Permanent Wry Easement Exhibit A' for a net area of 7.839 acres or 341,488 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 PUSUC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Espy, Huston & Assodates, Inc. BY: (7, Surveyor's Name: John F. wilder �..5 .. ...... � iN...r�. JOHN F. WILDER Registered Professional Land Surveyor, Texas No. 4255 Date of Survey: October, 1993 • • 1 • • • • • • • • • I. TRUEANOCONr TOOPYOF �I , OmG.I .. REOORO FR�ai11N r . TARRANI COUNTY t XAS stevid NENDIRsON. COUNTY CUM ev nli(N mom Page 3of3 A .• • SURVEY: PEA 1045,HENRY 529.MEDLIN 1858,MEDLIN 1598.THROOP 1510 DENTON CREEK REGIONAL LOCATION: DENTON COUNTY & TARRANT COUNTY, TEXAS WASTEWATER SYSTEM EASEMENT ACOUISI11ON. "A" 1.594 AC. 69446 SO. FT "9" 7.839 AC. 341465 SO. FT. DENTON CREEK PRESSURE SYSTEM WHOLE PROPERTY ACREAGE: 204.762 AC. ' MA PHASE III \SECTION t Ho N 1611119 E - '" '� OA ' E ' I PARCEL NO. 14 013• ' PLAT OF EXHIBIT "A" & "8.. CITY OF SOUTHLAKE • 667 NORTH CARROL AVENUE le a SOUTHLAKE, TEXAS 76092 • 12600' u c 1 DETAIL2 1" 100' Q Z . 4. 's 44. �? w 0 .? J. HENRY SURVEY - -..s.-m -...... z f v 4 , - ABSTRACT NO. 529 , � w � Q s- A kt DETAIL1 1" = 100' 4,4, (0 e.� p 1 ri0 tl asc cif 0, s z 1 3146. P1 345 0.R.O.C.T_ FND 171001 01SC rNO 10100T PSC '16• G '07'71• E - • N 2418 E 146' FND MOOT DISC \ / N 16'22VYE : ________-------- . i 0.66' FNO TIDDT 0160 DD j 0.94'!1' E " • ') PERMANEN UTUUTY, 0. no 0 ■ ` 41 ` * EASE7rENr W ILLIAM PEA SURVEY N D ;E SC '` � 7 F ABSTRACT NO. 1045 . i 0.44' .•" a £ 101101 9Y ENO SOOT DISC Y � N 1617'00• E TE CON 0.61 ) 4t EASEMENT 1 5 v on .`"/ d i MD T N 0 KDOT W A v� A • 0176:1 E .Z , 0.44 A` V 0 3 y ^ INC tImOT 0160 kr 0 664' '5!'00• M FN0 0001 DISC 06 E Z.', :'I Z, POC •A• 1 ° hi POB '• 46 /< $51 OSTALE 0 ) MT - IBM PHASE It AM) ••' VENTURE N 3567'w E ax VOL. 8995, PG. 1288 POD *A (CALLED 232.921 AC.) DATED 3-17-87 RHONDA C. D.R.T.C.T. DECKER- CHANDLER rio 1110OT a - .■ VOL. 1139, PG. 580 N MOW C 4 T X1 • (REMAINDER PARCEL) 013 1 LA R D.R.O.C.T. PAGE 1 OF 3 P dF E I Aso od.. ��I-` 1 § k +�, • .00d.a., 1t■.. S firrH7D A [nvlronnt. Consvaonfs �. •.A •••N. rs A A�n " °.f 140 s" 230 Ohn F. Wilder R,P.L.S. 4285 C°Nc., limo* 78240 (3 387 -0771 J . F. WII PREPARED BY GC le -/ s '• 4285 s ••• CHECKED BY AY SCALE: 1" = 200' '/ 1Q� DATE 10/16)95 E.H. d£ A. .108 /TRACT 16156/14 -1 PIMP moos 1.285 01387 SURVEY: PEA 1045,HENRY 529.MEDLIN 1858,MEDLIN 1598.THROOP 1510 DENTON CREEK REGIONAL LOCATION: OENTON COUNTY * TARRANT COUNTY. TEXAS WASTEWATER SYSTEM EASEMENT ACOUISITION"A" 1.594 AC. 69448 SO. FT. "8" 7.839 AC. 341465 SO. FT. YR10LE PROPERTY ACREAGE: 204.762 AC. DENTON CREEK PHASE IIIVECTION I PLAT OF EXHIBIT "A" & "B" PARCEL NO. 14 , CITY OF SOUTHLAKE 667 NORTH CARROL AVENUE SOUTHLAKE, TEXAS 76092 Z FND TXOOT DISC ^ S 49%0'!2' E i.' / T10 O / .. c 176 2' ; 6 v l . i ,►► N • 4 pR ST ' A / TEMPORARY CONSTRICTION PENYAK UTtIILIIV EASEMENT Y G s EASEMENT C r W JJ . .. CND IYOOT OM .. + } r 6 11 Z MA GI o ° r <liyf? CC r 1 i�Di CO j 0 . ^to • to z 01. MTP -IBM PHASE R AND Ri JOINT VENTURE • VOL. 6995. PG 1268 I d V q (CALLED 232.921 AC.) Q DATED 3 -17 -87 • D.R.T.C.T. VII 2 N • Z a + C.M. THROOP SURVEY o w ABSTRACT NO, 1510 DENTON COUNTY M J. HENRY SURVEY TARRANT COUNTY ABSTRACT NO. 529 to - AGE 2 of 3 . r ' _ EMIL !OII tga. Ae is.Iaa 1 i/ . ilSrelny t Cnvlronm*UO/ Consul/onts ), ` ' OHN F. WILDER PR EPA .so ma. sss� uo s 0, l 1 John F. Wilder R.P.L.S. 42:.' • it REDBY ss -0771 /e„ lv -lam , • 4285 CHECKED BY .1w SCALE: 1" •• 200' 8• tss!R DATE 10 /18/95 E.H. & A. JOB /TRACT t6t56/14 -2 PRIMO MN NMuC MOM ■ .9QR (1I9AA SURVEY: PEA 1045,HENRY 529.MEOLIN 1858,MEOUN 1598,THROOP 1510 DENTON CREEK REGIONAL 'LOCATION: DENTON COUNTY & TARRANT COUNTY. TEXAS WASTEWATER SYSTEM EASEMENT ACQUISITION: "A" 1.594 •AC. 89446 SO. FT 7.839 AC. 341465 SQ. FT. DENTON CREEK PRESSURE SYSTEM WHOLE PROPERTY ACREAGE: 204.762 AC. ► PHASE III \SECTION I PLAT OF EXHIBIT "A" & "8" PARCEL NO. 14 T1 N 63'04'59" W 70.00' 141 N 18'58'06" E 34.80' CITY OF SOUIHLA1tE SOUTHLAKE T2 5 63'04'59" E 72.64' T42 N 80'54'08' W 174.83' • 687 NORTH , CARROTEX L AS AVENUE 76092 ' 13 S 49 E 1013, 77' T43 N 71'03'54" W 125.08' 14 S 71'3'54" E 104.18' T44 N 4915'49" W 114.13' T5 S 80'54'08" E 228.55' T45 N 63'04'59" W 88.86' 1 76 S 29'05'09" E 38.38' 746 N 003015" W 101.39' 17 S 18'56'06" W 23.32' 747 S 36'09'25" E 81.03' T8 S 71'03'54" E 150.00' T48 N 361119'25' W 66.31' 79 N 18'56'06" E 24.37' 149 N 36109'25" W 7.41' T10 N 60'05'49" E 49.99' T50 N 26'55'01" E 15.00' 711 S 71'03'54' E 248.60' T12 S 64'2013" E 55.97' T13 S 89'59'46' W 18.58' T14 N 84'20'13" W 53.53' Cl 715 N 71 W 242.62' Radius • 2894.79 Delta + 0819'08" TI6 S 6005'49' W 37.54' Arc - 391.27 TI7 S 18'56'06' W 28.74' Ch. 0 390.92 C.B, d S 58 E T18 N 71'03'54' W 180.00' 119 N 18'56'06• E 26.64' . T20 N 29'05'09' W 24.39' NO C2 .i • T21 N 80'54'08" W 222.56' NO C3 . IIAP of *CU Ps0 011Y me TANIN6 • . T22 N 71'03'54" W 108.38' 123 N 4915'49" W 109.85' C4 T24 N 63'04'59" W 125.28' Radius +2879.79 Delta + 0899'O8" NO C7 T25 N 0010'15" W 3180' Are 0 389.09 T28 S 53'04'59" E 14&46' C. '388.85 C.B. 0 N 58'25'08" W T27 S 4915'49" E 107.70' CB Radius a 2619.79 T28 5 7$'3'54" E 100.00' C5 • Delta = 0819'08" T29 S 80'54'06" E 234.55' Radius O 2709.79 Arc 380.38 Delta . 08'19'08" • Ch. 0 380.05 T30 S 29'05'09" E 52.33' Arc • 393.45 C.B. O N 58'25'08" W Tai S 18'56'08' W 30,00' Ch. = 393.10 C.B. 0 S 58'25'08" E T32 S 71'03'54" E 120.00' T33 N 1858'06' E 30.00' C6 Radius 0 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. = 107.26 138 S 84'20'13" E 58.55' C.B. = S 43'15'10" E 737 S 89'59'46" W 126.78' : • • • T38 N 64'20'13" W 43.76' T39 N 71'03'54" W 230.68' 4494' . TRUE AND CORRECT COPY OR 140 S 18'56'06" W 57.00' , 1 ORKiINALRECORDFILEDIN • /∎ ' 1WRRANT000NTY,TEXAS: - + SUZANNE HENDERSON. COUNTY CLERK BY PA141 OWN ' 30F 3 . t ett,. (E . B a s e e � ° a i i �. (r� ' ' EnpIO $n * EnvN.nrn nbl Conas7Mnra JOHN F. WII.00R • Ilf00 Non Orpo 3Wtr 230 - Doges. muss 75240 (214) 1117 -071 John F. {de 4285 4 � V.I." L . CHECKED YY Y ,1W SCALE: 1" = 200' .'' fr DATE 10/16/95 E.H. & A. J08 /TRACT 16156/14 -3 Nesma Ma RAMC 111°0110' • 4285 01389 1 D199048044 SAFECO LAND TITLE CO • 8080 N CENTRAL BXPWY 500 DALLAS TX 75206 -WARNING-THIS IS PART OF THE OFFICIAL RECORD--DO NOT DESTROY I N D E X E D -- T A R R A N T COUNTY TEXAS • SUZANNE HENDERSON -- COUNTY CLERK O F F I C I A L R E C E I P T • T' 0: SAFECO LAND TITLE CO ' RECEIPT .NO .• REGISTER RECD -BY PRINTED DATE TIME 199161941 DR2A T008322 02/26/99 12:28 :•INSTRUMENT FEECD INDEXED TIME 1 D199040044 DT 990226 12:28 CK 17649 TOTAL : DOCUMENTS: 01 FEES: 31.00 . • i B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. • ta pot y xtbi tebstat tm 1TIIM f V:11107. I Wan tat tan d ciNSINN'!x'MP.0teml t1W1:: "'T; 77.;C1 sit: e0lrs. 14 tl otxemat'aa't pros "..:1.:1 r,' n 1D�aW,•.nitt.�,,,,, , �6„�., _:1 TRUE AND CORRECT COPY OF �)71 ORIIINK MORO FILED IN ' //!�dd E COUNTY CLERK .Qt�...�:...,� :.; t "; :1!" : "Is1T¢:. °:aly:;�r..« 'Rt:� ':.a?,.1 BY 14 • IG43n1fl Wo : :, � '^ l' . .., Deputy 11.+13(,4rao»i'Jr.•'. i • i • 4285 01390 -• swm t 111011111111011800iftdilmilnaCceigsdalk 0:01Y VMS blial, esilt fieltraids • etoseide :Arci° 19 VI idatartexhig o4gq 4 arr teradeyststi Ii ajlatmissilddiatdralWativa . • 4285 01391 DENTON COUNTYY TX ins CYNTHIA PIITCHELL, COUNTY CLERK On At Feb 26 1999 Doc /Nom a 99-R891845 Doc/Type n e 33.88 Recordg' 6.88 Doc /Ngmt t Receipt Al M{YtY 7817 Deputy - _ 1 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 # DC002 Parcel # 1 LI 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 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 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. 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, constructirro, 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 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. 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 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. 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, 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 remedlation 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 dean 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 Tan-ant 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 T� w o..c -i .r-v , 1994_. Maquire/Thomas Partners - Westlake /Southlake Partnership, a Texas general partnership By: Maguire/Thomas Partners - Dallas, Ltd., a California limited partnership, general partner By: Maguire/Thomas Partners, Inc., a Califo corporation, er� partner , } 'Yet1/137 - Name: .�i tiP - Err Its: tneA , i -- By: International Business Machines Corporation, a New York corporation general partpe 7 By: r /L a xt �' Name: U 1 R. Mayo Director, Flnance{Investmerits Its: & Asset Management IBM Redf Eseate SCI V ■L:U ACKNOWLEDGEMENT State of New York J. R. Mayo County of na t ,� Director, Finance, Investments & Asset Management This instrument was acknowledged before me orr'L- by IgM Rya€ Fst le Sp_rvittes 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. at- Public State of New ACKNOWLEDGEMENT State of C-6- 4 :4_J • County of l This instrument was acknowledged before me on X1 1 GC by \ , - f - F #(0& ,-i t t , who is a )10 -q;nq t' r a r of Maguire/Thomas Partners, Inc., a California corporation, general partne'r 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. JANETT L TAYLOR . 1 , y Notai • - �f I ry Public State of LOS ANCRE1 COUNTY My Conlin. £xp APR 24 19911 Permanent Utility Easement FN D -2744 C.M. Throop Survey, Abstract No. 1510 EH &A Job Na. 16158-01 0.208 Acres October 24, 1 995 EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III - SECTION 1 PARCEL NO. 16 BEING A 20 -FOOT WIDE PERMANENT UTILITY EASEMENT SITUATED IN A CALLED 2.6081 ACRE TRACT OF LAND DESCRIBED IN A DEED TO MAGUIRE/THOMAS PARTNERS - WESTLAKE /SOUTHLAKE PARTNERSHIP IMTP -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. 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 114 (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 dead 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 1994.90 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 01 ° 30' 45 ", an arc distance of 51 .08 feet, and having a chord which bears N 41° 18' 41" E, a distance of 51.08 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 114, a distance of 236.88 feet to a point; THENCE N 19° 49' 34" E, a distance of 108.30 feet 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 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 18° 44' 04" W, a distance of 21 .00 feet to the POINT OF BEGINNING, and containing 9,042 square feet or 0.208 acres of land. SURVEYOR'5_CI<RTIFICATE 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. Compan • - Esnev. Huston & Associates. Inc. By: / Surveyor's Name: John F. Wilder y JOHN F. Wi1:'ILOER Registered Professional Land Surveyor, Texas No. 4285 '*'•'a 4235 Date of Survey: October. 1993 *� Page 1 of I Temporary Construction Easement FN D -2745 C.M. Throop Survey, Abstract No. 1510 EH &A Job No. 16156 -01 0.571 Acres (Net) October 26, 1 995 EXHIBIT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE 11I - 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 TARRANT 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 114 (a variable width right of way) being the north tine 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.S., 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 which bears N 41° 37' 25" E, a distance of 30.12 feet to the POINT OF BEGINNING; THENCE N 53° 29' 14" E, leaving said northeast right of way line of State Highway 114, a distance of 226.47 feet to a point; THENCE N 19° 49' 34" E, a distance of 54.15 feet 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: 1) . 9 53 28' 14" W, a distance of 40.82 feet, 2) S 19° 49' 34" W, a distance of 68.89 feet, 3) N 83° 53' 06" W, a distance of 41.17 feet, 4) S 19° 49' 34" W, a distance of 4.80 feet, 5) S 02° 31' 55" W, a distance of 62.19 feet, and 6) S 53° 28' 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 18° 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 FN 0 -2745 C.M. Throop Survey, Abstract No. 1510 EH &A Job No. 16156 -01 0.571 Acres (Net) October 26, 1 995 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 24,880 square feet, or 0.571 acres of 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 N • Esoev. Huston & Associates. Inc. By: r a Surveyor's Name: John F. Wilder ..1Cf -ilV F * ******* ............. Registered Professional Land Surveyor, Texas No. 4285 428 -/Q" Date of Survey: October. 199 .1 Page 2 of 2 SURVEY: W. PEA A-1045 DEN TON CREEK REGI ONAL LOCATION: DEN TON COUNTY. TEXAS WASTEWATER SYSTEM EASEMENT ACQUISITION: 'A' O. 208AC. 'B' 0.571 AC. NET WHOLE PROPERTY ACREAGE: REMAINDER PARCEL DENTON CREEK PRESSURE SYSTEM PHASE III \ SECTION I PLAT OF EXHIBIT "A" & "B" PARCEL NO. 16 CITY OF SOUTHLAKE MAP of IIMOILE 667 NORTH CARROL AVENUE PROPERTY ANO TAKING SOU T)- ILAKE, TEXAS 76092 � .- „ $ PROPOSE 4 Q U T I,l� ASEI.ENT �7 • CO rO' E . /. - .1- .4 �OO •\ ' 1.� , � . !t �� ' J + j 0' • Jv i : / to • . - ‘\\ X �� / �, / i $ i iiiir ASS .� �,,,...,,, /..,0 ` S 53 W N 19'49'34' E ; f *,;;;;;:;0 .,,,;: 40.82' 54.15" /, / e• 4 a ), / . , . a . PACIFIC SOUTHWEST BANK, F.5.8. `i ii '� g �� / / / /" ') 6, VOL. 3008. PG. 968 ..:r �' . " / ;�,aa(o (CALLED 24.4237 AC.) , . 2' 1 P.i, , , , ..l A to DATED 7 - 2 - 91 . z! r D.R. D.C_T. �fiiiii " ' 0, �I. �;I,;;;; }� i.� � n_ N 83 w 4. / � • •00 �.. F12.°5:2 41.17' .ry /i . / / . / 1. A, .. / , ..... Q S 19'49'34" W op �/.' /iii, .. �� . 01P.1iiiiiiiiJN 450' POC 1111* ...... 4 j 5 ,01 , 0 I,11 .,,... ... // / / // /, i y rr. / ■ i //,. / ii _ . ,/ .i, //, . �� / / / 16 BRASS case .0' -, . „ .., //� 4% / . . , / ,.,.� ti r - �..,,.. /. - C2 ,,.., /, /., /„ 5 � 70 Y. �••, .... ,,,,, EXNIBIT •B' . , / , , , / , / , , ■ PROPOSED TEMPORARY j —1 ... / / , ./.... / / , , / ,./ CONSTRUC TIM EASELIENT C• tJ y. /,,,,.,.,,. 0 / , / / I / , ...I M MI ..... / MAGUIRE/THOMAS PARTNERS - o A WESTLAKE /SOUTI•ILAKE PARTNERSHIP �� VOL_ 8795. PG. 553 V Q (CALLED 2.6081 AC.) � � DATED 12 -30 -86 '2 <" D.R. T. C. T. �i-1,�! S., UNE BEARING DISTANCE O r ----. Li N I8'44 W 21.00' A te , ' L3 S OS'1740" W 26.84' $ 18'44'04' E , 9.56' 7 C# RADIUS DEL TA ARC CHORD BRG. CH. Cl 1934.90' 00'53 30.12' Sal •37'25 "E 30.12' C2 1934.90' 01'.30'45' 51.08' t' 541 51.08' _C3 1934.90' _ 00'37'14" _ 20.95' N40 "W 20.95' 1 811111s0; i O t is7 �`;�� , MsMiaf,~, Ian.. 67 r.3, - �C 4 u Eng /n gi ing ! "lt"/ron.n nto/ Cortao/tont. 13500 Montfort Drive. SWIG 530 » J.. a _, aolWoa, rims 75240 (214) 3a7 -0I hn F. Wilder R. P.L. S. 42: •"•' • • � -- aa...,.; ,,•, JOaa4 , li✓ii Lc� PREPARED BY CAP . AM "" •• •"•••••• CHECKED BY , SCALE: 1' = 60' • ° „ 42nd �,:.� DATE OCTOBER 20. 1995 0 .30 60 120 - Ft 5S1;7. �. - , E.H. & A. JOB /TRACT 16156 -at ..wr:. ,o.. �M " ccaos k ' • r .e-') • D19''48050 : •+ 9 T LE CO :08d LENT'.' ' EXPWY 500 11'1 T .5 0 - W A R N I N G - S T OF THE OFFICIAL RECORD - -D 0 NOT D E S T R O Y c„, „: „„ lf;:? I N D E X D -- =NT C O U N T Y T E X A S SUZ N E ' NDERSON -- COUNTY CLERK C I A L R E C E I P T 4 T 0: • L 9 TITLE CO RECEIPT NO ,a - IS R ' CD -$Y PRINTED DATE TIME 199161747 ' D: • "008322 02/26/99 12:28 INSTRUMENT INDEXED TIME 1 D199048050 990226 12:28 CK 17649 TOTAL: DOCUMENT • g: F E E S : 21.00 ( - ( ---N-1 .--- --- 10 ) 1:4.0 -- .._. _ B Y: ANY PROVISION WHICH RESTRICTS THE SALE RE& • O' USE OF THE DESCRIBED REAL PROPERTY BECAUSE F •L• RACE_" IS INVALID AND UNENFORCEABLE UNDER FEDE -• • ---- - .f 1V--) 1 ) L 5, 7 .- C , 7 \'' \ --- \ '': / / 7 < :-. - ` 7 ) ... ./A--- -- 7. ,- i SCANNED DOCUMENTS Easement Agreement Name of Project: DCRWS- Denton Creek Pressure System Phase III, DC002- Section 1 DC003- Section II DC004- Section III DC005- Kirkwood Branch Interceptor & Meter Station Project Subsystem # DC002 Parcel # 1 7 Unique Identifier Number: DC002- ( 7 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 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 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. 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, 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. 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 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. 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 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 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 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 1 G-r•J U 3- i - , 199 (, . Maguire/Thomas Partners - Westlake/Southlake Partnership, a Texas general partnership By: Maguire/Thomas Partners - Dallas, Ltd., a California limited partnership, general partner By: Maguir omas Partners, Inc., a Cali rrf' corporation, g r pater tS ByI `� Name: Its: hf1 By: International Business Machines Corporation, a New York corporation 7 --) general part ,, B y : ` tie_ / L1 Name: f ` R M r�'n Director, Finance, I, vestments Its: & Asset Management IBM Keai tstate Services ACKNOWLEDGEMENT State of New York J. R. Mayo County of 'yl � _ � r' Director, Finance, Investments //,..// & Asset Management This instrument was acknowledged before me oefnn/ by Ham peal Fctar,? eldreA 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. 4 fA, , . .,,n,- -- --. ( k f f Notary Public State of Nei Y¢rk MAUR"Ni tTf o t a ry pubs +c• Sta N 534 te o4 =York No.0 Count y cua 1 'on Expo Wes bet A� r, _ State of � rt .�.� J • County of 1.--0 �1-.` aJ This instrument was acknowledged before me on 42s by Ro17e,4 F ftRy.,r,e rrr , who is a 15 pQ... - Ka.,i of Maguire/Thomas Partners, Inc., a California corporation, general partrTer of Maguire/Thomas Partners - Dallas, Ltd., a California limited partnership, general partner of MTP -IBM Phase II and ill 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. ce. -- ° , ,, 1ANErr L TAYLO r7 . co�,vM # 1 w�zs I tary Public State of C Lc - r1...e.- ' i ` ' �±, Notary Puboc — Califon-sic t. �.t'.� LOS ANGELES COUNTY — Mb Comm. 6gtirea APR 24. 1S911 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 B, OF MTP -IBM 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 line 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 line 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 westerly line of Lot 1 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: Esnev. Huston & Associates. Inc. O B y: C 1 + Surveyor's Name: John F. Wilder JOHN r-,►; +, ii ' . si N , 4285 Registered Professional Land Surveyor, Texas No 4285 /.�' ` �J�� Date of Survey: October. 1993 Page 1 of 1 ' SURVEY: W. MEDUN SURVEY, A -1939 DEN TON CREEK REGIONAL LOCATION: OENTON COUNTY. TEXAS WASTEWATER SYSTEM EASEMENT ACQUISITION: 'A" 0.008 AC. max PROPERTY ACREAGE: 20.207 ACRES DENTON CREEK PRESSURE SYSTEM PHASE III \ SECTION I PLAT OF EXHIBIT "A" PARCEL NO. 17 C;TY OF SOUTI.4LAKE 667 NORTH CARROL AVENUE MAP or WHOLE SOU THLAKE. TEXAS 76092 PROPERTY AND TAXING I (Ilk ' i " \V‘ . ibiD. C;SS\-..\\: A \C:33 ■ A SS roc •A• 3 EANIERT 'A' o _ PROPOSED PERM_ . A Ai UTILITY EASEMENT � N r00 •A• `^ L1 , L3 A = 00'47'46" O R - 1474.00' -.C.7 -- 1 L2 -- C8 = S 12'06'07" E ` / \ \_ �Cl N 89'41 W CH = 20. ;8' NE.-\ 4. 28.49' j .0, �� . „..-< BM A001 iION NO. 1 � ` ` x �VOL_ 388/211. PAGES 68 at 1 -b M.R. T. C. T. /' LOT 1 c1 1F BLOCK B \ . 10 �' .. C::::) LINE BEARING DISTANCE %\ G. L1 S 89 E 11_65' L2 N 60'08'24" E 10.52' 1. N 13'05'02" E 15,0B' ■,� \. \ . Baotou lb ; R4 % - .NIQt .' 6np /nmprin p & Cnv/ronrnMb/ CoresvHonla • ... :. ... . . '.--4.--; a . .. ,', .. 130017 Montfort Orlw n n F' . sun. 230 Oh. Wilder R. P. L. S, 42$ neNe•. row.** 75240 (114) 307 -0»1 J�� : ; \1 . + . : ; • 1_n _ PREPARED BY OXP.AM N --1 . -.5 •^•. CHECKED BY JEW SCALE: 1 = 30 7 4:- p „ 5 0 0 A TE OCTOBER 25. 1995 O 15 30 60 • F 5 i 1 ,. . E.H. Sc A. JOB /TRACT Is158 -o1 .....� ,,, �� ^� CORDS - y \ • i • c D19• +48048 S O " . LE CO 8080. EXPWY 500 '," 5-'Y:; ) R E C O R D - - D O N O T D E S T R O Y I N D E X 0 D N T C O U N T Y T E X A S S U Z ' N E H N D E R S O N -- COUNTY CLERK : I A L R E C E I P T T 0 : ' � ID TITLE CO RECEIPT NO Op_ IS R • CD -BY PRINTED DATE TIME 199161745 D: 008322 02/26/99 12:28 INSTRUMENT E D INDEXED TIME 1 D199048048 990226 12:28 CK 17649 TOTAL: DOCUMENTS- 0 F E E S: 17.00 B Y: 4:?■:, %.: __,7 (.\ -S ANY PROVISION WHICH RESTRICTS THE SALE RE P O USE OF THE DESCRIBED REAL PROPERTY BECAUSE F L GRACE IS INVALID AND UNENFORCEABLE UNDER FEDE tic . 7 -' 7 , 2 t t r -. �, :7 <Z7 ) c (1,57\F 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 # DC002 Parcel # 18 Unique Identifier Number: DC002- I8 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 II 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. 18. 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. 18. 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 • v . 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, andlor encumbrances of any kind that are filed of record in the Tan 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 — of "Z w c. 0.r- , 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: Magui homas Partners, Inc., a Califomi corporation, ..- % g near partner • ( -e-; L,----.- _,_____e_:__________ Name: + ,.-!. - _ - .- Its: 1+rL �t,s -,- 1314 -' rt -- By: International Business Machines Corporation, a New York corporation general partne -- By: c i 1/.' 6 � &CP:70 - it*i_ Name: �.... .CSrrectDr, nance, � in el13 Its: 1 - : & Asset Management 19M iicul Catetc Scn,i�. ACKNOWLEDGEMENT State of New Yo i`� J. R. Mayo County of i1 Director, Finance, Investments & Asset Management This instrument was acknowledged before me on by IRM Real Estate Services 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 HI Joint Venture, a partnership. I•- Notes Public State of Ne Y F. MAUREEN DUFFY Notary Public, State of New York No. 020114915342 Qualified in Westchester County ACKNOWLEDGEMEN(°mmission Expires November 30. 199-4 State of Ceri County of Lox- e4os ff ! This instrument was acknowledged before me on 1 1? s f g(o by l o beei - ft M rM-1 III, who is a Wi.+a■ of Maguire/Thomas Partners, Inc., a California corporation, general partner MaguirefThomas 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. ` - — - JANET TAYLOP '��9/1 COMM. • 1024251 a ;, Notary v„bro — caatwr+la otary Public State of C 'a.0 .' LOS ANGELES COUNIV <: _ M. Comm_ Ea plree APR 24. 1996 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 III - 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 388/211, 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. 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 the west line of Lot 4 and the east line of East T.W. King Road, an arc distance of 89.72 feet, 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 paint in the north line of Lot 4, same being the southwest corner of a tract of land conveyed to A.F. Oien 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' 11" 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 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 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 FN D -2747 U.P. Martin Survey, Abstract No. 1015 EH &A Job No, 18156-01 W. Medlin Survey, Abstract No. 1958 Octobar at4, 1 995 0.560 Acres THENCE along said curve to the right, an arc distance of 20.53 feet, through a central t;i.) i °, and having a chord which bears N 12° 42' 48• W, a distance of 20.53 feet to the POINT OF FIFO NNING and containing 0.560 acres of land or 24,401 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 AN).) FROM AN ACTUALL, AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Compan e: Esoev. Huston & Associates, Inc. 4 ? . GI RF Ff Surveyor's Name: John F. Wilder r : .... W /LO E R•. � 4.•. 0 - 85 . Registered Professional Land Surveyor, Texas No. 4285 rt�• Date of Survey: October. 1993 Page 2 of 2 • Temporary Construction Easement FN D -2748 U.P. Martin Survey, Abstract No. 1015 EH &A Job No. 16156 -01 J. Henry Survey, Abstract No. 528 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 III /SECTION 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 388/211, 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 the 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° 1 2' 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° 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. Oien 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 Oien tract, a distance of 70.22 feet; THENCE S 65° 00' OI" E, crossing Lot 4, a distance of 169.17 feet; THENCE N 89° 41' 11" E, a distance of 302.78 feet; THENCE N 44° 41' 11' 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 -IBM Phase II 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 point 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. King 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.P. Martin Survey, Abstract No, 1015 FN D EH &A Job No. 161556 -01 6-01 J. Henry Survey, Abstract No. 528 October 24, 1995 W. Medlin Survey, Abstract No. 1958 1 .359 Acres (Net) 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 1 27.46 feet, through a central angle of 17° 59' 15' 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 59,191 square feet. SURVEYOR'S CERTIFICATk 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 Esoev. Huston & Associates. Inc. By: �� OF a- Surveyor's Name: John F. Wilder • • JOHN F. WILDER Registered Professional Land Surveyor, Texas No. 4285 . . ,Q , t? . �� LIF Date of Survey: October. 199 Page 2 of 2 • SURVEY: U. P. WARM SURVEY A -1015, J. HENRY SURVEY A -528. W. YEDUN SURVEY A -1958 LOCATION: DENTON COUNTY de TARRANT COUNTY. TEXAS DENTON CREEK SYSTE qL EASEMENT ACQUISITION: 'A' 0.560 AC. 'B' 1.359 NET AC. WASTEWATER SYSTEM WHOLE PROPERTY ACREAGE: 36.069 AC (PLAT) DEN TON CREEK PRESSURE SYSTEM PHASE Ili \ SECTION I PLAT OF EXHIBIT "A" Sc "B" PARCEL NO. 18 CITY OF SOUTHLAKE 667 NORTH CARROL AVENUE SOUTHLAKE. TEXAS 76092 J. HENRY SURVEY ABSTRACT NO. 528 . 1 I I I I N PUBLIC ACCESS J! I UTILITY IA A*�0 01 1I PEA 1 I MTP - -NMI 0 WON NO. I ( I II POC•V E POC •• i 1 POO... I'. 'el I POO -A. 1. . , - BLOCK A I f 0 §14 TON COUNTY Vliko + LOT 3 TARRANT COUNTY n •. 06'59'22' ■ R - 1405.95' � A - 171.50' - - Ca . N 14'07 PRO OSED _ PERU. - SkiRVCY LAIC -- - w + 1 71.40' 8 - UTILITY EASEUENT W. MEDLIN SURVEY USA 4 A. 17'59'15' - ° ''3!�. R - 406,00 '� +rs. ABSTRACT NO. 1958 C-259 A - 127.16' ca - N 2678'43' w � "9 •�-� A.F. OIEN CH - 126.94' S> 5.G� � . � - VOL. 4823. PG. 575 J' "Ic'e. \ j i t6 v a. PG. 2071.7 .1258 8,8 II _ 4 _ , S O. R. T.C. T - - QS co-Neff 'e' -.. i'i� N ^ ��, , t. 7O r.. i F y PROPOSED T EMPORARY ^. N S6 E 3 ' . CONSTRUC7iON EASUWERT 'V / �/� �7 -Afft T -7 � �' -- 1i " P/ r�0 _ , 'l2' 7 4 N t u .� ..k. a A �0 T1y ti 1.3 o4 - dirti71 'W %.. �- R O W C4 si 8 = w " 30 I = z --co W. MEDLIN SURVEY I LOT 4 ,� d < ` ABSTRACT NO. 1958 MTP -IBM ADDITION No. I z IS W A G7 ~' VOL. 388/211. PG 68 & 69 a z w a v M.R.T.C.T. `- ° ' n Sria ira I -3 t JOD J LP B(AR 4C OISTANCE +� v > Ti ma , 5 69•41'16' E 25.26 ( � 1 -1 2 S 1519'51' E 125.61 I \ \ 1 \ T3 S 3$'44'24' E R60 7.4 S 311)4'49' E 3001 rs s 5111 ( 50.12 U.P. MARTIN SURVEY 7'6 N 44'4111' E 5.91 ABSTRACT NO. 1015 17 .5 0099'22" E 24.15 T9 N 6112'21 W 90.99 ,9 N 33'44'24' W 70.63 no N 1 519'51 - w 113.70 n/ N 69'41'15' w 5.46 , t i 112 5 55'41'15' C 72.45 7'13 5 0012'31' w 169.20 TI4 `N .9-42 E 70 .22 CURVE RADIUS _ 4 LENGTH CHORD CHORD LEN. 715 N 44.4111' E 23.65 CI 1405.95• 01'59'27' 49.55' S 092'38'03' E 4 6.85' T19 S 00'09'22' E 95.09 C2 1405.95' 03'39'22' 89.72' 5 10216'00' E 89.70' T17 S 4441'1*' w 16.46 CJ 1 0070'12' 20.53' N 12'42'45' W 20.53' T113 N 600001 w 106.65 C4 474.00' _ 04'45'39' 39.39' N 701419 w 39.38' T1 N 6112'21' 9 97.36 $ :: i` ..----.6..._ .s.e.bs.91.Is.. , -.1 % j © . ,a Eny/n4N.ryng d- Ef7Wirtanma, CenwuU , 9 � i � ,f / L% .".......,-0 3d00 4lea►NoA art.*. Su/h 230 °' - � Ca. Q` Dafen., T.xds 73200 (21 0) .307 ∎0»f John F. Wilder R.P.L.S. 4285 ... f ,... PREPARED BY _ GC. AM •••t• ..... ''•�! . 1-• `: CHECKED BY Jw SCALE: 1" = 200' J © ... r. � ' °° .. { DATE OCTOBER 27, 1995 y� 42 5 ,-,` ;~ E.H. do A_ JOB /TRACT 16156/P 18 ��*,; A ,--- iiuc P • • ("77:7) ; \/(7-" D19•048047 S O •+ "� LE :080 EXP CO 500 -WARNING- S. +`T OF THE OFFICIAL RECORD - -D 0 NOT D E S T R O Y INDEX DD -- '2 NT COUNTY TEXAS S U Z - N E H N D E R S O N -- COUNTY CLERK I A L R E C E I P T T 0: 5.ARE TITLE CO RECEIPT NO Q IS R - CD -BY PRINTED DATE TIME 199161744 D 008322 02/26/99 122$ INSTRUMENT 1 INDEXED TIME 1 D199048047 990226 12:28 CK 17649 � r TOTAL : DOCUMENT • 0 F E E S: 23.00 ANY PROVISION WHICH RESTRICTS "THE - 'SALE R� E*'I' Old USE OF THE DESCRIBED REAL PROPERTY BECAUSE { OF`eOL RACE IS INVALID AND UNENFORCEABLE UNDER FEDE L�� fJ l f 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 # DC002 Parcel # Unique Identifier Number: DC002- 19 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 II and III Joint Venture, a Texas general partnership (GRANTOR) for and in consideration of TEN AND NO /100 DOLLARS (310.00) 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. 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 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. 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 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. 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 South lake, 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 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 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 U coo -,•y , 1994_ 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: Maguire/Thomas Partners, Inc., a California corporation, /- g e al partner Name: groP 2T r:( &31.r2E arc I ts: E y 1Ad S. g f�l nte� i s.T By: International Business Machines Corporation, a New York corporation general part - AT) By: /_ - te 27 1 1 i Name: _ Mayo : hector, I' nance, In estrridtitt Its: , Asset Management 1 M fi,ai E.Eiie Services • ACKNOWLEDGEMENT State of New o Y e County of r ,L.�., Z J. R. Mayo ;, Director, Finance, Investments This instrument was acknowledged before me on b & Asset Manageme,3tt i�i` 1 ��ss of International Business Machines Corpo BM io bi na ot`sa N corporation, and the corporation acknowledged this instrument as partner on behalf of MTP -IBM Phase II and Ill Joint Venture, a partnership. � Notary Public State off Ne jork T EN DUFFY 1RAURE t New York Pub ilc, State o • _ Notary No p2 A U A9 15342 nS H iied 1n tiVestchester c r Vo 99 ACKNOWLEDGEME on E tyovember 3 State of Cot -/r County of 1 --c Ja of es This instrument was acknowledged before me on 1 1 2--si RC. by kohl., F t who is a of Maguire/Thomas Partners, Inc., a California corporation, general partner o -Maguire/Thomas Partners - Dallas, Ltd.. a California limited partnership, general partner of MTP -IBM Phase II and Ill 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. r-- JANETT L. TAYLOR COMM. f 10242611 N ary Public State of Notary Public — California t 1/4 4 4 LOS ANGELES COUNTY u MY Comm. Expires APR 24, ire Permanent Utility Easement. Fl D -2742 U.P. Martin Survey, Abstract No. 1015 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 is 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 -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 1N 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 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 point; 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 00° 03' 56" E, a distance of 20.00 feet to an angle point; THENCE S 89° 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' 11" W, a distance of 1255.32 feet to an angle point; THENCE S 44° 41' 11" 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: Esoev. Huston & Associates, Inc. „: 9 OF Surveyor's Name: John F. Wilder ( J0lN F. WIL DER Registered Professional Land Surveyor, Texas No. 4285 ,` / AO ` -F � �� S U (Z\l Date of Survey: October. 1993 Page 1 of 1 l Temporary Construction Easement FN D -2743 U.P. Martin Survey, Abstract No. 1015 EH &A Job No. 16156 -01 R.D. Price Survey, Abstract No. 1207 October 26, 1 995 3.753 Acres (Net) EXHIBIT "8" l DENTON CREEK REGIONAL WASTEWATER SYSTEM } . DENTON CREEK PRESSURE SYSTEM PHASE III /SECTION I PARCEL NO. 19 BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE REMAINDER OF A CALLED 315.691 -ACRE TRACT OF LAND DESCRIBED IN DEED TO MTP -IBM PHASE li 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 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 31 5.691 -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; THENCE 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' 04" 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 line 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 feat 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 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: E . - H .n .. A socia e- In . By: s G cj� . V:tC, i r , . Surveyor's Name: John F. Wilder ' ` d) .. ° ... r UJJ��c v t ' 9 ° 4 , 2g '...... J v: • Registered Professional Land Surveyor, Texas No. 4285 _ O S URVO Date of Survey: October, 1993 Page 1 of 1 • VEY: U. P. MARTIN SURVEY A -1015. R.D.PRICE SURVEY A -1207 DENTON CREEK REGIONAL LOCATION: TARRANT COUNTY; TEXA WASTEWATER SYSTEM EASEMENT ACOU7SITION '.A' 0.609 AC. 26514 SQ. FL 3.753 AC. 163503 SO. T. DENTON CREEK PRESSURE SYSTEM V.1-IOLE PROPERTY ACREAGE: 312.218 AC. PHASE 111 SECTION I ' RO PPOSED POMP _ -1 r S TATION SITE W PARCEL NO. 19 + ,PLAT OF EXHIBIT "A" & "B" 3r a � / CITY Of SOUTHLAKE Y $ / 667 NORTH CARROL AVENUE g SOUTHLAKE. TEXAS 76092 Z 1 in ,.. 41111111111#40 ,.. 41111111111#40 R.D. PRICE SURVEY A -1207 — ESN N TPM. S ��.' fa VOL. 8076. PG. 2033 I 13.R. T. C. T. , ti MAP OF %MOLE PROPERTY ESA TS o 61' �9 i ' .(- '$ ' PLAT LINE ad 8 ... .Q F M } 6 L T1 N 44'41'11" E 47.12' k1 ExH�BIT 'A' - T2 N 89'56'04' E 216.91' PROP 73 S 00'03'56 E 20.00' '; PERMANENT UTUILITY EASEMENT T4 S 89'56'04" W 216.33' T5 S 44'41'11" W 67.18' T6 5 89'41'11" W 4.17' al 1 77 N 00'09'22" W 24.18' 78 S 00'03'56" E 80.00' n I LI n V lil ,�, % M7P -IBM PHASE II ri IN a; N1 U.P. MARTIN SURVEY & Ill JOINT VENTURE r - ii ABSTRACT NO. 1 01 5 TRACT ONE A" I m ( CALL 315.691 AC.) 1 'I VOL. 8995. PG. 1268 0.R.O.C.T. DETAIL MTP -18M PHASE II � > , - .,r In CO iI & III JOINT VENTURE > a' 1 TRACT ONE "A" CK - .4 (CALL 315.691 AC.) = O .. VOL. 8995. PG. 1268 T.,. Z "' •' _ D.R.T.C.T. 4. � *!� in al ii 7 s -. ..,, , 1 :5 i. W $ Z _ F. / N z z I v POC 'A' --97.72' ' T7 03 o i 'IP 85. 09' 5 50179'22' E Q IN t , I - OB 'A' P0B f'8' I ' EXHIBIT B PROPOSED LOT 4 BLOCK A TEMPORARY CONSTRUCTION MTP ADDITION No. 1 I EASEMENT VOL. 388/211, PG 68 & 69 ■ M.R.T.C.T. /-mnimmp— S E DETAIL EIMIL ...pop, IlisArtom Si Engineering & Environmental Consultants Cl.... G C= 7�� 13800 Montfort Drw.. suite .230 n F. Wilder R.P.L.S. 4285 ' 001104. Texas 73140 (214) 357 -0771 ' ... :..... a a.; _,.. " "o.." JOI-; F. V!I!_DFR ' PREPARED BY GC SCALE: 1" = 200' ° °" "°•° ••o••• z • CHECKED BY JW ` �;?,, n�2 „°cr. DATE 10/16/95 y ,.., �y ' ` a � y � E.H. & A. JOB /TRACT 16156/P19 , f4le..Ein. co;?Af -. cccaos . . 0 D199048046 SAFECO LAND TITLE CO 8080 N CENTRAL EXPWY 500 tJ DALLAS TX 75206 0 . — W A R N I N G — T H I S IS PART OF THE OFFICIAL RECORD - -D 0 NOT D E S T R O Y I N D E X E D - - T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: SAFECO LAND TITLE CO RECEIPT NO REGISTER RECD —BY PRINTED DATE TIME 199161743 DR2A TO08322 02/26/99 12:28 INSTRUMENT FEECD INDEXED TIME 1 D199048046 WD 990226 12:28 CK 17649 T O T A L: DOCUMENTS: 01 F E E S: 19.00 B Y: eZ ANY PROVISION WI -IICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 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 # DC002 Parcel # Z I Unique Identifier Number: DC002- 2.1 . . EASEMENT AND RIGHT -OF -WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) THE STATE OF TEXAS § § KNOW ALL MEN SY THESE PRESENTS: COUNTY OF TARRANT § THAT MTP -IBM Phase iI and ill Joint Venture, a Texas general partnership (GRANTOR) for and in consideration of TEN AND NO/100 DOLLARS (510.00) 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 Carron 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 UUHty iine wits an incwet iai equipment and appurtenances, and the hereinafter described erosion control improvements (IMPROVEMENTS), (all items associated with the sanitary sewer ftne(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. 21. 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. 21. 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. 21. 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 lip 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. 21. The need for and design of any IMPROVEMENTS are solely within the CITY'S control and discretion. The IMPROVEMENTS shaft 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. 21. 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 shalt 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 tines, 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 rernediation 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 dean up and remove all trash and debris, repair and replace fences and repair other damages caused by said construction. . . The easement tights 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 end 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 lights appurtenant thereto shall cease end 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 end 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 subsevuent 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 Idnd shall be binding or recognized or In any way modify this instrument of conveyance. EXECUTED this .:25 day of 'ao.N Ls-Cur y . 199_6s - 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: MaguiralThomas Partners, Inc.. a - a* Califoriaa corporation. geperal,partner Name: T f - ()Le. Tt Its- - l" vs44.6eg* Nec. 1 By: International Business Machines Corporation. a New York corporation general tnpr �� Name: J_ R.Meta 0:14 €t,,*, I ;silC . himr.stmsnts '�; A Management its: i i ACKNOWLEDGEMENT State of New Yoiit j j_ J. R. Mayo Count Director, Finance. investments r & Asset Management This instrument was acknowledged before me on _. ,r 7t2 by l f3M Real i•ctatp cor,.ina of International Business Machines Corporation. on behalf of said corporation, and the corporation acknowledged this instrument as partner on behalf of MTP -IEM Phase II and III Joint Venture, a partnership. Nota Public State of York ACKNOWLEDGEMENT F MAueEEw °UV"' Pufli.e. State of New State of yak .l'r+�l�� 49163 r ou ��pppp N v NO 02D0 62 r .e v i- County of S Qt125 aueiIf,ed +*+ es NO este COU V 30 VV 1 co,,,,,,..w.or EYC'res Mo b�. This instrument was acknowledged before me on by ot� by Rn1 ,-t = Ate..►. ;c - who is a tfa,ta -.c t of Maguire/Thomas Partners. Inc., a California corporation. general partnit 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. SANER L TAVLOQ >N" C °"' : e i •tary Public State of I , �` LOS ANGELS eouNrw M Can.. amigo Ape 34, iors • Permanent Utility Easement FN D -2750 R.O. Price Survey. Abstract No. 1207 EH&A Job No_ 16156-01 0.062 Acres November 3. 1995 EXHIBIT 'A' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE III KIRKWOOD BRANCH GRAVITY INTERCEPTOR PARCEL NO. 21 BEING A TWENTY FOOT WIDE PERMANENT UTIU Y EASEMENT SITUATED 41 THE REMAINDER OF A CALLED 315.691 -ACRE TRACT OF LAND DESCRIBED iN DEED TO MTPaBM PHASE II AND tit JOINT VENTURE (TRACT ONE 'Al AS RECORDED IN VOLUME 8995, PAGE 1256. OF THE DEED RECORDS OF TARRANT COUNTY. TEXAS _ °_sw- ►i.-. S A rwesALrr "'FM it•TV T =YAA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found 3f4 iron pipe for the northeast corner of said 315.691 -acre tract and being In the north tine of said Price Survey end the south line of the W- Medlin Survey. Abstract No. 1058 and being in the west line of White Chapel Road (a variable width right- of-way); THENCE S 02° 11' 25 E. along the +adt line of said 315.891 -saw tract and the west line of White Chapel Road. a distance of 20.01 feet to an angle point THENCE S 89° S6' 04°W. leaving said line and crossing said 315.691 -acre trail a distance of 5024 feet to an angle point; THENCE S 00° 03' 56' E. a distance of 55.00 feet to an angle point THENCE S 89° 5Q' 04' W. a distance of 20.00 feet to an angle point THENCE N 00' 03 56" W. a distance of 85.00 feet to a point In the the north line of said 315.691 -acre tract and said Abstract line: THENCE N 89° 56' 04' E. along the north line of said 315.681 -acre tract and said common Abstract ine, a distance of 89.50 feet to the POINT OF BEGINNING and containing 0.062 acres of land or 2,597 square feet. more or less. SURVEYOR ERTIFICATE TO AU.. PARTIES INTERESTED IN TIRE 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 Na Espey_ Huston & Associates. Inc. Surveyor's Name: John F. Wider . • ' Registered Professional Land Surveyor. Texas No. 4285 Date of Survey: October. 1993 Page 1 oft . III Temporary Construe Easement FN D -2751 R -D. Price Sunray. Abstract No. 1207 EH&A Job No. 113156.01 0.135 Acres November 6. 1995 EXHIBIT 'B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK PRESSURE SYSTEM PHASE ill KIRKWOOD BRANCH GRAVITY INTERCEPTOR PARCEL NO.21 BEING A TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE REMAINDER OF A CALLED 315.691 -ACRE TRACT OF LAND DESCRIBED IN DEED TO MTP -IBM PHASE 11 AND III JOINT VENTURE (TRACT ONE A') AS RECORDED W VOLUME 8995, PAGE 1288. OF THE DEED RECORDS OF TARRANT COUNTY. TEXAS (DRTCT). AND ' wy ��sw, a�•u.• BEING SITUATED IN THE R.D. PRICE SURVEY. Atib I rem.. • n..+. i�ui, i i.74;.. i47 - .`w ". ;; • .+. v...... .. -- ._. . MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found 3/4" Iron pipe for the northeast corner of said 315.891 -acre tract and being in the north line of said Price Survey and the south line of the W. Medlin Survey. Abstract No. 1058 and being in the west line of White Chapel Road (a variable width right-of -way): THENCE S 02° 11' 25` E. alono the east line of said 315091-acre trail and the west tine of White e Chapel Road. a distance of 85.08 feet to an angle point THENCE S 89° 56' 04° W. leaving said line and crossing said 315.591 -acre tract. a distance of 102.65 feet to an angle point THENCE N 00° 03' 56" W. a distance of 85.00 feet to a point in the the north line of said 315.691 -acre tract and said Abstract line: THENCE N 85° 58' 04" E. along the north line of said 315.691 -sere tract and said common Abstract line. a distance of 99 .50 feet to the POINT OF BEGINNING end containing 0.197 acres of land or 8.592 square feat of which 0.082 acres or 2697 square feet is contained in Permanent Utility Easement Exhibit °A" fors net area of 0.135 acres or 5.895 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 PUBUC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 1S TRUE AND CORRECT. Company Na Esoev. Huston & Associates. Inc. A • Surv.yors Name: John F. Wilder :7, _ • _ .- = Registered Professional Land Surveyor, Taxes No. 4255 -. Date of Survey: • z • • er 1 ' Page 1 of 1 LI T: R.D. PRICE SURVEY, A-1 DENTON CREEK REGIONAL ' :AllON: TARRANT COUNTY. TEXIIPr WASTEWATER SYSTEM a'EWDIT ACau19TON_ -A" 0.062 AC. 2.597 SO. FT. "B" 0.135 AG. 5.895 S0. FT, D£MTQN CREEK PRESSURE SYSTEM out PROPERLY ACREAGE: 312.218 AC. PHASE m I(1 ICWOOO BRANCH PLAT OF EXHIBITS "A" & "B' PARCEL NO. 21ERCEPTOR V. MEDLIN SURVEY CITY OF SOUTHI,AKE BSTRACT NO_ 1058 567 NOR?N CAR1rCL AVENUE POS .A. i v. SOVTHL•KE. TEx•S 76092 N 89 E 99.50 vie 3. "- 2 . • • a ' -- 69.50 R.D. PRICE SURVEY d L -. .. oil 4 AR a Tt7A(^T NA 1707 XI -,,, 30E 5 99 -x6 w N 4 ,i7 ...�, N ck ...g T2 ,..- / .. . lig S 89•56'04" IN 1 02.65' I I I I MOpV7E0 MINT STA•04 3+C r 4: CI 1p MW-IBM PHASE II fQ � ' & ITI JOINT VENTURE 0, O TRACT ONE "A" (CALL 31 5.691 AC.) VOL 8995. PG. 1268 D.R.T CT I t- T1 S 02 1 I'25' £ 20 -01 12 S 59'55'04 w 20.00' k WAR OW IAIOLJE PROPERTY YO tY(> r 8 Irtea i rte- ...--A-- .� Erp rr+serAlr S E»vrrerl.rrsnfbr Cswswf wAr 1 Jd0p Y./rlfse4 Ortwo. Sulfa. .1.310 Asasolailms. UM- OWfss. rires 732410 (sls 54,7-0.77.1 I+n F. Wader R_P .L.S. 428 PREPARED BY Sc CI BY J1,4 SCALE: 1" = 50' • . •.: \ - 1 DATE 101 25/95 _ _ E H. do A. JOB /TRACT 15 ouoPmem ■.w aaJC ICOMPS ( ....,_____.7 > i i r" ----. 2 D19•'48045 S�O � �+ LE CO 808 L - EXP WY 500 o•• OA S 0 -W A R N I N G- S T OF THE OFFICIAL RECORD - -D O N O T D E S T R O Y INDEX D - ,& N T C O U N T Y T E X AE S S U Z N E H � N D E R S O N -- CO CLERK I A L R E C E I P T T O: Q D TITLE CO RECEIPT NO ilaGIS R CD -SY PRINTED DATE TIME 199161742 D: 008322 02/26/99 12:28 INSTRUMENT INDEXED TIME 1 D199048045 990226 12:28 CK 17649 T O T A L: DOCUMENT - 0� F E E S: 19.00 "..-----2- \,, cl i B Y: 4:0"•'"'.. (-___,,-,-// " ANY PROVISION WHICH RESTRICTS THE SALE RE O USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF ��.RACE ,L, IS INVALID AND UNENFORCEABLE UNDER FEDE s . , _, 7 �..--„, r r fo r i\,_ S\,/ 5 EASEMENT AND RIGHT -OF -WAY Northwest Independent School District 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 -24 Unioue Identifier Number: DC004- SUB -24 • . 4131 01285 060893 • • DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE TTI. SECTION at SUBSTITUTION EASEMENT AND RIGHT-OF-WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) Farce) # 24 STATE OF TEXAS f COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS; THAT. NORTHWEST INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as GRANTOR, acting heroin by and through its duly authorized Board President, Ronnie Naugle, for and in consideration of FIVE THOUSAND SIX Ht1NDRED SEVENTY ONE ANL, NO/100 DOLLARS (55,671.00) and other good and valuable oorrsideration to GRANTOR in hand paid by the CITY OF SOtrruLAIc , a municipal corporation situated in Tarrant and Denton Counties, hereinafter marred to as GRANTEE, with its principal office at 667 N. Carroll Avenue, Soutlrlake, and d these 6 o 2, be receipt of t Bch +,y GRANTOR is hereby acknowledged, have granted and conveyed, presents grant and convey, unto the GRANTEE, its successors and ass/ eminent and tight - of-way to lay, canatruct, ins Sns. an and/or remove a utility line or lines with all incidental equipment tna tin, repair. urte a c and ode M and , (all items co and the hereinafter described erotlian control improvements (IMPROVEMENTS), (all items collectively haeinaati- cased FACILrFIES), in, on, over, through, under and across that certain land situated in Denton County, Torah more particularly described in Exhibit "A ", attached hereto and made a part hereof, together with: the right ofreaasonable ingress and egress across GRANTOR'S remaining land, where necessary to and from the above - described tract, for the purposes of laying, constructing, impecttng. operating, maintaining, repaving. replacing, adding. damging and/or removing said FACILITIES; and a temporary construction easement, as described in Exhibit "8 ", 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 FACILIT ES There i s included in this grant the right at any time in the fixture to lay, construct, inspect, operate, maintain, repair, replace, change, add and/or reprove one or more additional lines of pipe approximately parallel with the first pipeline or pipelines laid by GRANTEE hereunder. so long as said future tine or fines are within the confines of the meets and bounds description contained in Exhibit "A" For erasion contrast purposes, the easement rights granted and conveyed herein to GRANTEE shall also include the right at any time in the flsturo to construc inspect, operate, maintain, repair, reptaoe, change, add and/or remove concrete, rock rip rap or other forays of IMPROVEMENTS to protect GRANTEE'S existing and flrture 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" . • 4131 01286 • t S control and of IMPROVEMENTS are solely within the GRANTEE' The need for and design any IMPROVEMENTS shall be constructed Mihert the high-Bow boundaries of said water drainage courses. The GRANTEE, E•E, at its discretion, may excavate and fill within the aaasrnatrt wesnage he btuslca oe walls of the water drainage courses to facilitate the and t er dun may Elate and slope t IMPROVEMENTS' design and integrity The physical limits of the IMPROVEMENTS shall be entirety confined to the area described in Exhibit "A ". GRANTOR acknoatedges diet the consideration paid by GRANTEE is full and Seal payment for all tights cotmreyed herein. GRANTOR. GRANTORS heirs, executors,. administrators, successors and assigns, racy ally use and enjoy said premises a>ctunbered by said easement, etcapt tint such use and enjoyment shall not tinder, coedit* or interfere with the exercise of GRANTEES rights hereunder and no terrtporsry or permanent building, structure or reservoir shall be erected, placed or constructed upon, under or across without GRANTEES w ritten consent; provided Rusher, right-of-way and N OR herein grossed assigns, Rusher, GRANTOR, GRANTORS a bend. easement ore, administrators, w ant+ roads, alleys. utility Itnas construct, dedicate and ntaieain across said es sement and sight-of ay legs. Vey for the and fences as will not interfere with the use by CITY of said easement and right-of- purposes aforesaid. It is Rather weed that GRANTEE may remove from the easement any fences. buildings, structures or alp obstructions wl ich iraetihre with the mtercite of GRANTEES rights herein and GRANTEE may trim and cut down trees and shrubbery in connection with the construction, inspectia+, ma;itenance, repair, replacement, change, addition and/or removal of said FACILITIES, if necessary. GRANTEE shall dean up and remove all trash and debris, resod, repair and replace fences and repair other damages caused by said construction. The easement rights and privileges hereto 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. GRANTEES rights hereunder may be assigned in whole or u part to one or more assignees The temporary construction easement granted herein shall include the right to excavate and fill within any fences. buildings or other the temporary con t e mp os easement. stru but GRANTEE shall replace cost GRANTOR and shah restore construction easement ' t p rop rt which the t subj ary ' construction easement at closely as possible to it the property which is subJect to the temporary condition prior to entry thereon. This instrument is executed and delivered for the purpose of substituting the GRANTEE in the To Have and To ?fold sections of this easement and right of way previously conveyed to AUTHORITY as recorded in Document Number 96 R0046243, of the Deed Records of Denton County, Texas. 1 • NW • • b 131 01287 i TO HAVE AND TO HOLD the above- described easement and right -of -way and rights appurtenant thereto unto GLANTEB, 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 tlursw stall cease and terminate and revert to GRANTOR and GRANTOR'S heirs. executors, admiristretork successor* and assigns. GRANTOR. hereby bind. GRANTOR. GRANTOR'S heirs, eteadors, 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 every person whomsoever iawfiiliy chiming, or to claim, the sane or any part thereof. • I It is ecprasiy u,dentood that all rights, conveyances or covenants are herein written, and no verbal agreements of any Sdnd mull be binding or recognized or in any way modify this iearutneet of conveyance. A i}} EXECUTED this Oka day of `lR ne- , 1998, to be effective June 24, 1996. Northwest Independent Schaal District B .. ../ x.trghe, t ` d - : de 9Q J i ■ . AAlte � a y t: C J a Brenda Withers, Secretary to the Board of Trustees i 1 If uses wntar,.rsrfere2 n•o en nests 1 --. — : w - - • 4131 0 1288 ACKNOWLEDGMENT STATE OF TEXAS # • GO[fN1Y OF DENTON # aeon me Unat [Sillflfd Qi iliOit on Mislay y appafred ' Maule to me car prov me on the oath of a tS or through N[Y#11 Y.S. p. (description of identity card or other document) to be the person whose mime is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. OIYEN UNDER MY HAND AND SEAL OF OFFICE, this - O(71 day of T)n 1998 end`,. N Public, Sta V 10... ................... ANA K. xuRoaxY NOTARY PUBLIC Stets of Texts Printed Name �� My Commission expires of the J day of �'o 'fu44- M� . I • • 4131 01289 •.! 41: ■"? • ‘ .`7• ' ! . . • • • I 121 .4ZOWLIN N. 15 1 ROWAC 3536 Weeburs Drive Dallies, TX 75229 4131 01290 Easement FN D -2797 Permanent Utility EHBA Job Na. 161138 -01 0 Earle Acres Abstract No. 392 Revised May 24. 1998 0.;329 Auvs EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM • PHASE 1111SECT1ON 1I1 PARCEL NO. 24 BEINGA FIFTEEN FOOTIMDE PERMANENT UTILITY EASEMENT AND A 0.528 ACRE PARCEL OF LAND SITUATED IN THE J. EADS SURVEY, ABSTRACT NO, 392 OF DENTON COUNTY, 9 TEXAS AND BEING A PART OF A CALLED 15.0 ACRE TRACT OF LAND AS DEEDED TO NORTHWEST INDEPENDENT 8CHOOL DISTRICT AND RECORDED IN VOLUME 1070, PAGE 378, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (OROCT). SAID 0.526 ACRE 1 PARCEL OF LAND BEINO MORE FAFtTICULARLY DESCRIBED AS FOLLOWS: line agreement es at the agreed su b e e r 9 -R0 comer 06. DRDCT same being he southwest corner of Lot t 1, Block 1 as Can y Nu Lear rnb 1, Block 1 of Trinity Learning Center, an addition recorded in Cabinet 1, Page 229 of the Map Records of Denton County, Texas, and conveyed to Trinity Learning Canter. Inc.. as recorded In from which a found a X" In concrete bears Sg 1 24' 89" Ena distance Village 3.96 feet right otway) THENCE N 75° 02' 53" W, with the north line of Village Trail, a dlstenos of 113.61 feet to a point being In a circular curve to the right having a radius of 810.89 feet; THENCE along the north Tine of Village Trail and said curve to the right having e delta angle of 55' 57' 58 ", an arc distance of 800.67 feet and having a chord which bears N 47' 03' 51" W, a distance of 709.22 feet to the beginning of a compound circular curve to the right having a radius of 554.71 feet; THENCE atong the north line of Wage Trail and said curve to the right having a delta angle of 13° 16' f 1 28. 19 test to 5n ere oi stance be ha 9 of a reverse circular a chord curve to t he left baving radius of 1,519.80 eet: of 28. the bag THENCE along the north Ilse of Village Trail and said curve to the left having a delta angle of 05' 09' 00", an arc distance of 138.81 feat and having s chord which beans N 08' 23' 20" W, a distance i of 138.56 feet to a point; • THENCE N 10° 57' 50" W. along the north tine of Village Trail, a distance of 241.02 nane ouhtfi northwest corner of weld 15.0 acre tract per said agreement, same being an angle point line of a called 210.4829 acre tract deeded to Lakeside at Trophy Club Limited Partnership In • . Conveyance Number 98- R0010595, ORDCT: THENCE N 83° 33 10" E. along the line common to said 15.0 acre tract and said 31.788 acre tract, passing at 115.48 feet the southeast corner of said 31.785 acre tract and being a west line in the remainder of a called 210.4829 acre tract of land deeded to Trophy Club Joint Venture and recorded in Volume 3302, Page 693, ORDCT, In all a distance of 130.51 feet to a point: THENCE S 10° 57' 00" E, leaving said common line. *distance of 15.05 feet; THENCE S 93° 33' 10" W. a distance of 115.46 feel; . THENCE S 10' 57' 50" E. leaving said line, a distance of 224.79 feet to a point being in a circular curve 10 the right having a radius of 1,534.80 feel; Page 1 of 2 * ! 4131 01291 . Permanent Utility Easement FN 0 -2797 J. Eads Survey. Abstract No. 392 EHBA Job No. 18158 -01 0.320 Acres Revised May 24. 1998 THENCE along said curve to the right having a delta angle 0106' 09' 00", an arc distance of 137.98 feet end towing a chord which beers 8 08' 23'20" E. a distance of 137.91 feet 10 the beginning of �"" a reverse circular curve to the left having a radius of 539.71 feet; THENCE along said curve to the left having a delta angle of 13' 16' 03 ". an arc distance of 124.98 feel and having a chord which been 8 12 25' 51" E, a distance of 124.70 feet to the beginning of a compound *cuter curve to the left having a radius of 80.99 feet; THENCE along said curve to the telt having a delta angle of 56' 57' 6r, an aro distance of 788.02 feet and having a chord which bears 5 47' 03' 51" E. a distance of 753.14 feet to a point THENCE S 76° 02' 53' E, a distance of 11296 feet to s paint In the east line of said 15.0 acre tract I end the west One of said Learning Center; j THENCE 8 12' 28' 21" W, along said common Nne, s distance of 16.02 feet to the POINT OF , BEGINNING, end containing 0.523 scree, or 22,808 square feet of Send, mare or lass. RIIRVEYCIRS CFRTIFICATQ TO ALL PARTIES INTERESTED 114 TITLE TO THE PREMISES SURVEYED, 1 00 HEREBY CERTIFY THAT THE A90VE LEC3AL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE C3ROUND AND THAT SAME I8 TRUE AND CORRECT. Company Name; F•ne uatnn R aoclatea_ Inn �� I B ¢� v^� : o IC i By: 7 3 HOrg rfit FM i � 4283 ,0' , Surveyor's Name: John _Strawbridge ; : :;, r s1.; ° i ^4, - _ Su _ l , - Registered Professional Land Surveyor, Texas No. 42113 Oats of Survey: t]ctober,.93 - i i Page 2 of 2 i ■ 41 3 t 01292 FN 0-2798 I Temporary Conotructbn Easement J. Job No_ 18155-01 2,Q39 39 Acres J. Survey. Abstract No. 392 Revised May 24, 1998 EXHIBIT "B" • DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IMSECTION 111 PARCEL NO. 24 BEING A SIXTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT AND A 2.039 ACRE PARCEL OF LAND SITUATED IN THE J. FADS SURVEY. ABSTRACT NO. 392 OF DENTON COUNTY. TEXAS AND BEING A PART OF A CALLED 15.0 ACRE TRACT OF LAND AS DEEDED TO NORTHWEST INDEPENDENT SCHOOL DISTRICT AND RECORDED IN VOLUME 1070, PAGE 378, OF THE DEED RECORDS OF' ACRE PARCEL OF LAND BEING MORE PARTICULARLY LARLLY DESCRIBED AS FOLLOWS lD 2.029 COMMENCING for reference Conveyance the Number 98- R0022108. said same being the Southwest owner 01 boundary Block agreement s Learning of Lot 1,131ock 1 of Trinity Leamktg Center. an addition recorded in Cabinet I. rage 229 of the Map In Records of Denton County. Texas. and conveyed to Trinity Learning T enI. Inc.. oot right rd way) Volume 3445, Page 410 ORDCT. and being In the north One of Village frOM which a found "X" In concrete beers 511• 24' 59" E. a dslanee of 3.98 feet; ': THENCE N 12' 28' 21" E, along the east line of sold 15.0 acre tract, a dletance of 15.02 feet to the " POINT OF BEGINNING: . THENCE N 75' 02' 53" W, leaving said (Inc. a distance of 112.99 feet b a point being In a circular curve to the right having a radius of 604.69 feet: THENCE along said curve to the right having a delta angle of 66' 67' 66 ", en arc distance of n�D of O comp and circular chord tve hs [fight having a radiw feet;6.14 feet to the befit THENCE along said curve to the right having a delta angle of 13' 16' 03 ", an arc distance of 124.98 feet and having a chord which bears N 12° 28' 51" W. a distance of 124.70 feet to the beginning of a reverse circular curve to the left having a radius of 1,534.00 feet; THENCE along said curve to the left having a delta angle of 05 distance 09' 0 0", an arc dista anceln of 137.98 feet and having a chord which bears 14 CB' 23' 20" W, e - THENCE N 10' 67' 50" W. a distance of 224.79 feet to a point; THENCE N 83' 33' 10" E, a distance of 115.46 feet to • point; • THENCE N 10' 57' 00" W, a distance of 15.05 feet to a point in the agreed north line of said 15.0 acre tract by said boundary tine Trophy Jooith. t acre tract of land conveyed to Trophy Venture and recorded In Volume 3302, Page 893. ORDCT; THENCE N 83° 33' 10" E, along said common line. a distance of 60.19 feet: THENCE S 10' 57' 00" E, leaving said line. a distance of 75.23 feet; THENCE 8 83' 33' 10'W, a distance of 115.44 feet: I Page 1 of 2 I l I - art i • 11131 01293 Temporary Construction Easement FN 0 -2798 J. Eade Survey. Abstract No. 392 E.H&A Job No. 18158 -01 2039 Acres Revised May 24, 1990 THENCE S 10' 57' 50" E. a distance of 159.88 feet to a point being in a circular curve to the right having a radius of 1.594.80 feet; THENCE along said curve to the right having a delta angle of 05° 09' 00", an arc distance of 143.35 feet and having a chord which bears 8 08' 23' 20" E, s distance of 143.30 feet to the beginning of a reverse circular curve to the left having a radius of 479.71 feet; THENCE along sold curve to the lelt having a delta angle of 13' 18' 03 ", an aro distance of 111.08 feet and having a chord which bears B 12' 28' 51' E. a distance *1110.84 feet to the beginning of a compound circular ourve to the left having a radius of 744.59 Teel; THENCE along said curve to the left having a delta angle of 55' 57' 58 ", an arc distance of 727.41 feet and having a chord which bears S 47' 03' 61" E, a distance of 898.84 feet to a point; THENCE t3 75' 02' 53" E, a distance 01110.38 feet to a point In the east line of said 16.0 acre tract and the west Inc I of said Lemming Center; THENC@•$ 12' 28' 21' W. along said common line, a distance of 00.05 feet to the POINT OF BEGINNING, and containing 2.029 scree, or 88,371 square feel of land, more or less. t. SURVEYOR'S CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, f 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. Company Name: Ea sr- tflrt R jnriates Inc S ii '107 TaTill t,D 7� 4283 �.VS', Surveyor's Name: Jnhn Strawbridge Q tE" "J° i`. • • s u Registered Professional Land Surveyor, Texas No. 4283 ' Date of Survey: October 1993 Page 2 of 2 • • • II SuRVC' 4 EAO5 A -392 DENTON CREEK REGIONAL " LOGARON; WITCH COUNTY, TEIA$ WASTEWATER STS TEM EASEMENT ACOU15171ON : 0.526 AC. 22595 90. rr.''5 • 2.039 AC. 55799 50. FT.. DENTON OREEN PRESSURE SY71EN WHOLE PROPERTY ACREAGE: 1$.0 AC. ` <eAC PARCEL ND i /90 97"" PLAT OF EXHIBIT "A" & "B" PHASE w�SE CnoN 111 Eq pt p. 24 454 Iota 8 �� 9 R 7 1 114 .1 C ITY O S OUTI4LAKE • i (Cr•t-OR•17• T1Z P 9Q (A� 867 NOR CARR 1H 4 AVENUE • 13 O. R,�0023 t-4 TROPHY JOINT VEN 1l1RE Sou 7/rLAtc[. 7E5n1 76002 }•••., • VOL. 3302. PO. 553 ' } (CALLED 210.4629 40.) 1 ` - � 1 t4 O.R.O.C.T. 6 rf06 ,t i S e Out � N (. 5�0 a? 9 ' �' �P ° � 7 1 '. V ; T- NOR .HW6$1 IND EPENDENT ) y scJ4od. OISfrocI LO BLOCK 1 T 1. f v0L. 1075, P5. 379 T RINITY LEARNING CENtER �(r% (CALLED 15.0 AC.) ADDI21CN ' • 1 , D.R.U.C. r. CAB. 1. I'G. 229 CI Curve Io U. Right IL AA.R.D.C. e I , `` 1TUN LEARNING CEMTETI INC. , Rau. - 619.69 • ` \ VOL. 3445, PG. 410 (Mita ■ 500.52 58 6 07 ` CY 1.91 ( CALLED 1.0300 AC.) Are tAr 'a' O.R.o.C. Ch. - 749.22 r , 's' " CIE N 420.4'31' w Oruro .11 1767 T I I LT.. C2 Curv. 1. Om Rlghl C ry 4 a P08 H Radius - 954.71 Dell = . I3'16'03' Te ' 114* 12615 cs Cwr. to Ih• Len (A) IN • 128,44 R.dwa - 804.69 CO. - N 4276'31' W OMIo . 33'ST35 C3 Curve to N. L II Are ••• 744.02 Ch. . 735.14 Redly.. 1519.60 c.B •• 3 47'03'51 E P013 'A' 04t. . 05101100" POC gel k9 • 1 36.61 C7 Curve le M. Right Ch. - 136.56 11.O •_- C.6. ■ N 08'23'20 W Radius • 4394.80 4 7134.10• t 0.110 . 03'09'00 C4 curve t0 1h. Right (A) Are e 143 Ti N 7513 2 14 113 -61' Ch. .143.]0 72 ft tO3Y50' W 241 Radius • 1534,50 C.B1 - 5 06'23'20" E 13 14 63 E 130.51' ONto . 05'09'00" 74 S 1037'50' E 224. 79' I. Arc . 137.95 Ca Cures to the L.It T3 5 75'4231 E 112.00' . Ch. - 137,51 T6 5 12'2511 w 15.o2 C.B. - 5 0813'20' 5 Rogue - 479.71 77 5 83 w 113,.6' 0.110 . 4316'03 TO 5 1097'50' E 1 59.54' 06 Cure* to lh. Loft (A) Are ■ 111.06 T9 9 75'02'53' E 110.30' . Ch. - 110.84 110 5 12'20'24' W 60.05' Red>va - 539.71 C.O. - 9 12•24'51• E T1 5 1057'00' E 15.05' OAI• - 13'45.3' c9 Cww to too Lori T42 N 53 5 60.19' Aro . 124.98 113 5 10•57'00 E 75.23' . co. - 121.70 pedlua Now 144.49 114 5 9333'10' W 445.44" O. • 5 12'16'34' E ONte - 53'4J'S6' Are - 727.41 Ch. '-' 98.01 C -8. - 6 5 17'03'91' 5 E A , etou Na, le.. r t • ,AP �� ` ' 1 � + y . s E.' eerOte e M.rre.. ...rer r . .1 .. r . I��i if - - A :, "1160 . o-r. .. re ,AO J ohn S tr " idl e A. P.L.S. 45283 .. )g1 O. -s- r.... s d 74 (7 1 4 Ja7 -07 7 I • 9 .,,. PREPARED 9Y CC `,,� a. r 42$7 r y O CHECKED BY 59 SCALE: 1" 200' b.5'•■ I F- s• ° :'';L . • DA TE REV 5/24/96 0 100' ZOO' 400' �_'p ••$VA'`'• E H. 8r A JOB /TRACT 10156 ...was... , - '•4°11 I 7 U7 r L te . iV z ✓ f C1 • a a a. 0 o fa N 5 3 g h CI M C o e. x � ▪ 4 � 03 � M o F s co o x ti c ©o =rn s M Filed for Record in: DENTON COUNTY, TX NONORAWLE 710 NUDGES /COUNTY CLERK On Jut 13 1948 At 12:24pu Doc/Nun 1 48- R8868843 Doe /Type 1 EAS Recordloel 21.88 Recei 8: 258 Dcputy - Cheryl Scanned EASEMENT AND RIGHT -OF -WAY Trinity Learning Center. Inc., Name of Project: DCRWS — Denton Creek Pressure System Phase III DC 002- Section I DC003- Section II DC004- Section III D C005- Kirkwood Branch Interceptor & Meter Station Project Subsystem #DC004 Parcel No. # SUB -25 Unique Identifier Number: DC004- SUB -25 _ I - 0UNTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE ID, SECTION 111 SU SSTITUTION EASEMENT AND RIGHT-OF-WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) Parcel # 351 0.5 STATE OF TEXAS • KNOW ALL MICR BY THESE PRESENTS* COUNTY OF DENTON THAT, TRWIITY LEARNING CENTER. INC.. a Toms commission, hereinafter referred to as GRANTOR acting borein by and through its duty authorized President, THOMAS O. • MAYFI:ELD, for and in consideration of FOUR THOUSAND NINE HUNDRED SIXTY FIVE AND NO/100 DOLLARS (S1.965.411) and other good and valuable consideration to GRANTOR in had paid by the CITY OF SOU TALAKE, a municipal corporation situated in Tarrant and Denton Counties, hereinafter referred to as GRANTEE. with its principal office at 667 N. Carroll Avenue, S.n.thlalea TX 76092. the receipt of which by GRANTOR is hereby acknowledged, have granted and an easement end right-of-way to lay, construct, inspect, operate, maintain, repast, !WN.aw....as and/or remove a utility line or lines with all incidental equipment and appurtenances. and the hereinafter described erasion control improvements (JMPROVEMENTS). (all items collectively hereinafter called FACILITIES). in, on, aver, through, under end across that marten land situated in Denton County, Texas, more particularly described in Exhibit A. attached hereto and muds a part hereof. together with: the right ofreesonable ingress and egress across GRANTOR'S remaining land. where necesaary to and from the above - described tract, for the purposes of isying, constructing. inspecting, operating, maintaining, repairing. replacing, adding, changing and /or removing said FACILITIES; and a tenipcony construction easement, ea described in Exhibit "B"save end except ad permanent structures and trees including the concrete parking area, attached hereto and made a part hereof, to use in connection with the construction of said initial FFACiLIT1ES, said temporary construction easement to expire upon completion of construction and acceptance by GRANTEE of said initial FACILITIES. 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 fiat pipeline or pipelines laid by GRANTEE hereunder. so long ea said future line or lines are within the confines of the meets and bounds description contained in Exhibit "A ". For erosion control purposes, the casement rights granted and conveyed herei to GRANTEE shall alto include the tight at any time in the future to construct, inspect, operate, maintain. repair, replace, change. add and/or remove concrete. rock rip rap or other forma of IMPROVEMENTS to protect GRANTEE'S existing and future pipelines located within or adjacent to creeks. gullies and other . . 1 4 1 . ).i.'. natural or mat -shade water drainage courses located within the lend eras described in Exhibit "A ". The need for end design of any IMPROVEMENTS are solely within the GRANTEES control and discretion. The IMPROVEMENTS shell be constructed within the high -flow boundaries of said water drainage oourses. The GRANTEE, et its discretion, may excavate and fill within the easement and they grade and elope the bottles or walls of the water drainage courser to Htciiitate the IMPROVEMENTS' dads, ntd integrity. The physical lisnits of **IMPROVEMENTS snail be entirely confined to the sea described in Exhibit A. GRANTOR acknowledges the the consideration paid by GRANTEE is (WI and final payment for all rights conveyed herein. GRANTOR GRANTOR'S heirs, executors, administrators, successors and wipes, they 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 GRANTEES rights hereunder and no temporary or permanent building structure or reservoir shall be erected, planed or constructed upon. under or across the right-of-way and easement heroin granted without GRAN TEE'S written consent; provided further. GRANTOR. GRANTORS heirs, executors, administrators. successors and assigns, may construct. • dsditate and maintain across said easement and right-ofr way such roods, alleys. utility lists and fences as will not interfere with the use by GRANTEE of a id easement and rigpt•of -way for the purposes aforesid. or other obstructions which interfere with the exercise of GRANTEE'S rights herein and GRANTEE may trim and cut down trees and shrubbery in t onrtaction with the construction, inspection. operation, maintenance. repair. replacement changes addition and/or removal of said FACILITIES, if necessary. GRANTEE shall dean up and remove all trash and debris, repair and replace fence. and repair other damages cauaed by said construction. The esserttern 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. GRANTEES rights hereunder may be assigned in whole or in part to one or more assignees. The temporary construction casement granted herein shall include the right to excavate and fill within the temporary construction easement. but GRANTEE shall repEace 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 eesetnent as closely as possible to its condition prior to entry thereon. This instrument is executed and delivered for the purpose of substituting the GIIANTEE in the To Have and To Hold sections of this easement and tight of way previously conveyed to AUTHORITY as recorded in Document Number 96- R0040294, of the Deed Records of Denton County, Texas. • • b {t s .Js -_ Gi 3 TO HAVE AND TO HOLD the above - described esaemant and right - of-way and rights appurtenant thereto unto GRANTEE, its s am aoti and assigns, until said FACB..TI'1ES are declared pemsenaetly abandoned by GRANTEE, in which event said segment and right -of -way and rights appurtenant thereto shell come and terminate and revert to GRANTOR and GRANTORS heirs, eoaseattors, administrators, successors and assigns. GRANTOR hereby binds GRANTOR, C*RANCOR'S heirs, executors. adminiI IEOf$, sumeeeots and assigns to WARRANT and FOREVER. DEFEND said a+ament and right-of-way and rights appurtenant thereto unto GRANTEE, its successors and assigns, against every person whomsoever lawfully cl aiming, or to claim. the same or any part thereof It is expressly understood that all rights. conveyances or covenants we herein written, end no verbal agreements of any kind shall be binding or recognized or in any way modify this instrument of canveysnce. dA EXECUTED this 3 £ a day ofd< I fl w [ —tiJ , 1997. TRINITY LEARNING CENTER, INC By THOMAS O. MAY L 'dent ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DLNI'ON !� BEFORE ME, the undersigned authority. a Notary Public, in and for said County and State, on this day personally appeared, Thomas O. Mayletd, known to ma to be the person and oMcer Whose name is subscribed to the foregoing instrument and acknowledged to me that he is the President of said Trinity Learning Center, Inc_ a Texas corporation. and thst he was authorized by said corporation to execute the foregoing instrument for the purpose, and consideration therein expressed. in the capacity therein sated, and as the ad and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ,23..cat day of �( i d.Lcn-r$:c. r , '.'• �-=`- :s.`t, KAMeesar C. Cuurs - f ' i G�.r t f�7 /.no C - } : ; 3 rate "OW. ales at lam public Sate oF Texaa • Y � j My comn-r.wn Sawa. on -tana Notary MY Cem,nrion anises on the day of 199 rp61.s 14aN STM*y mason,.a.f r6w/71 t 6A', ter -2) t 2) FN D -2rsaa ,rmensnt Uttllty Easement LFLd,A Job No. t D -271 C euuyey. Abstract Na. 392 January 30.19116 0.. 074 74 Areas i. EXHIBIT "A" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON PHASE NTERC P T l R SYSTEM PARCEL NO. 25 BEING A FIFTEEN FOOT WIDE PERMANENT LITIUTY EASEMENT AND A 0.074 ACRE PARCEL OF' LAND SITUATED IN THE J. PADS SURVEY. ABSTRACT NO. 392 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 1.0500 ACRE TRACT OF LAND AS DEEDED TO TRINITY LEARNING CENTER, INC. AND RECORDED IN VOLUME 3445, PAGE 410 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT) ANA PLATTED A8 LOT 1, BLOCK 1. TRINITY LEARNING CENTER ADDITION AND RECO RDED IN CABINET I, PAGE 229. OF THE M R CORDS OFDENTON BED p COUNTY, TEXAS. Oyy8:ID 0.074 ACRE PARCEL OF LAND BEING BEQW4N(NO at the eoutrivest corner of said Learning Center in the north One d Village Trail (a 60 foot right of way) from which a found "X" rat In concrete E District �d 1070, called .0 acre treat of land deeded to Northwest independent 376 bears 8 71.24' 58" 5, • distance of 3.96 feet: THENCE N 12' 28' 21" E, along the west line of said Lemming Center. • distance o115.01 Hat to BE. point: THENCE 3 75. 02' 50 5, leaving said line, It distance of 73.49 feet to a point being In a circular Ye curve to e left having a radius 011,482.70 feel; 'HENCE along mkt curve to Ins sari (MVO 4u w + - - fad nce and }awing a chord which bears 3 77' 4T 02" 5, a distance of 141.55 feet to a point In the east line a sad Learning Corder, same being a west line of a celted 210.4529 ears trail al land deeded to Trophy Joint Venture recorded in Volume 3302, Pape 595, DRDCT; THENCE 8 12' 28' 21" W. along the Nile common to said Learning Center and said Trophy Joint denture, a distance of 15.02 feet to the southeast comer of said 1.0500 acne tract In the north line of Village Trail from which • found 518 -inch iron rod bear SLr133 • 10'27" of 1 d iet Dal; of 0.42 twat. and being a point being in • circular Dacus to the right THENCE along the north line of Village Trail and said curve to the right having • della angle of 05' 28' 35 ", an ens distance of 142.28 feet and having • chord which bears N 77 46' 08" W. a distance of 142.23 feat to a point; to the OF BEGtNNING, and nto slang t 0 074 acres, or 31227 square fee t of land, more less. POINT Page 1of • arnanerd min • FN D -2796 J. Earls Survey. Abstract No. 3132 EH&A Job No. 1at6e -01 0.074 Acres January 30, 1006 SURVEYORS CERT1FICATe TO ALL PART '11.11 INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HERESY CERTFY 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. Comps1r11r Num : !ay. IISEI .L.A..odett02- tnc- - - -- - 1- • .. Surveyor's Norm John F. VYfires( JOnN • }•• 42 85 Raplslared Professional Land Surveyor. TOMS No. 4286 + : - 1 1- ' - Date of Survey: _ OOlobsr. 1993 Page 2of2 I.r 1l:. .:� . nporary Construction Easem F N D-2798 Easement FN Job No. 18158-01 D 2798 .1.296 Eel Aces Survey. Abstract No. 392 January 30, 1996 1 EXHIBIT "B" DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE 1111SECTION IN PARCEL HO. 25 BEING A SIXTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT AND A 0.296 ACRE PARCEL OF -.AND SITUATED IN THE J. FADS SURVEY, ABSTRACT NO. 392 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 1.0500 ACRE TRACT OFP LAND S DEEDED TO TRINITY LEARNING CENTER, INC. AND RECORDED IN VOLUME 3445, AND PLATTED AS LOT 1, BLOCK 1. TRINfTY RECORDS ITI OF THE Deep OF DENTON COUNTY, LEARNING CENTER ADDON TE D RECORDED IN CABINET 1, PAGE 29, OF THE E P A C OR OF DENTON C BED COUNTY, FOIIOWSAO 0.298 ACRE PARCEL OF LAND BEING MORE COMMENCING for reference at the southwest corner of said Learning Center M the north Line of st corner Village Trafi (GOO foot right of way) from which • found "X cut In c are r te e o I * Bo thear�� in of a celled 15.0 acre tract of land deeded to Northwes I feet; 1070. Pea 378 bears 8 71 24' 69" E, THENCE N 12' 28' 21" E, along the west line of said Learning Center, • distance of 15.01 feat to the POINT OF BEGINNING THENCE N 12 26' 21" E. continuing along said tine, a distance of 60.06 feet to en angle point: 71P1( :1= 8 78. or 50" E. leaving Bald line, a distance of 78.09 feet to a point being In a circular THENCE slop said ouve to the Idt having a delta angle of 05. 35 58", an aro distance ot 1 au.,,-. test feet end having a chord whirls boars S distance 77' 50' 49" E, a distae of 138.99 test to a point In the fro of said Leaning Center, some being a well One of s called 210.4829 acre tract of land deeded to Trophy Joint Venture recorded in Volume 3302, Page 393, DRDCT; int THENCE 8 12' 28' 21" W. *tong the line common to setd Learning Center ad sad s' rOPh J o O Verdure, a distance of 1X1.09 tees to a point In • circular curve to the right feet, THENCE leaving said common fine and along said curve to the right having a delta *Ingo! of 05' 2g 0 23", an arc distance of 141.133 feet and having a chard which beers N 77' 48' OB" W, a distance 141.56 teat to a point: 'THENCE " 0 12,909 5' squads t antce of 73.49 tot to lase POINT OF BEGINNING, and containing : ' '''l 0.298 amporary Construotlofl Eessment FN D-2796 J . Earls B�rvey. Atiskeo! No. 302 £H&A Job No. 161 66 -0 0.2103 /case January 2O, 1 006 SURVEYOR'S CERTIFtCATg TO ALL PARTIES INTERESTED IN TITLE TO THE PREMSES SURVEYED. 1 DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL ANO ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Cornpwy Name: 1112 •u MECI aA AiiE+ 'i Surveyor's Nsms: John F. Wager . :•.� JOhtN P. WI .DER Registered Professional Land Surveyor. Texas No. 4285 _ 4 itr n.f* .,r survey _ O obor_ 1. Page 2 of 2 .. • • . 41 ri I s v .. : � �0 AY: J. WADS A -392 , ...o. OENwON GREEK REGIONAL .AT1W: DENTON 001114TY. NAAS - WASTEWATER SYSTEM .A9p1ENr ACOIJ TTO9F.A` O.Q14 AC. 3227 SQ. TT. "B' 0.296 AC. 12909 SO. FT. DENT ON atax Panama SY51EM . *wax PROPERty ACREAGE: 15.0 AC. PHA 11/SEC FION 111 OF E "A" .". "B" PA NO. 35 " i ' 1:122 O F sO11TNLAKE -L �, 117 N0 T}4 CARRO A N 3RlE r" "r ill' ' � . � � S011MAKL (21144 71052 N gyp i cc"' 4- 0" v s.' 94 P� dj . ' 0 g w LOT I, BLOCK 1 TRINI LEARNING CENTER ■ ADDITION Nuft2HTSEST s10EPE prin . CAB. 1, PG. 229 SCHOOL DISTRICT I 1 M.R.O.C.T. w.. tom Pa. 374 CCALLED 150 AC.) 1 TRINITY LEARMNO CENTER RC. 0.R.0.C.T. vOl. 3445, PO. 410 S 7s (CALLED 1.0900 AC.) mum Y 0.11.0.C.T. er sew 10,00202 7 8.0,.. E ow+sw comf tsar POP 'B" ` `" —,.........F.,3 I/ s �'��'O- a ' I tI• .4. .. M.. 3302. Po 9 93 2 anlrr [ssr (CALLED 210.4629 AC.) h 73 _ O.R.D. C.t VI 11 •" 7 2.84. — — OB rA Mir y 1 l A'0 T sae s s 4tiN t 9Q -OWE - 0 s War F Et Curve to The Loll (A) J Rod(. - 1452.70 Cello - 52W23• Arc - 141.63 Ch. - 142.511 71 N 1225 E I5.01' C.B. • 5 7741'02' E 72 5 12'21127 N 15.02• T3 .11 12'26'21' E 60.06 C2 Cur.4 to the Right 24 2 121841' W 10 - Resettles o. 1497.70 ONta .. 5'26'33' Arc - 142.29 Ch. - 142.23 C.B. - N TT44.06" w C3 Curve to is Lett Radios .. 1422. 00110 + 3'35 Are - (3904 Ch. - 136.99 . C.B. - $ 77Sa'49 E EIIMI s.- a ( 1 `_---4 "t 'i t•.a r ♦ F - Nra..nr. - r....,."H....rt I arse rs.nn..r orb... Seato Zit) . n der John F. Wit R.P.L•S. 4285 Poxes. lases 7.t240 (7r4) - le r_c7r t3 JC)HN F. WIL�?ER PREPARED BY GC -••ts) 421i •■••• " CHECKED BY .sw SCALE: T' s 6D' ",tz ■Q DATE JANUARY. 1995 0 30' 60" 120' E.H. & A. JOB /TRACT 16156 -0I ,,�•,. no..., 0 • • • • y t■]egd for Rocor in: DL-'NTUN COUNTY, TX ItONORABLE TIM t1DDRE5 /COUNTY Return to: CLERK ROWAC On Jun 16 1998 3136 Weeburn Drive At i :¢Spw Daggs, TX75229 v4C /NUN : 98 RSBt1337 Lac /T Nrcordinet 19 OoC /Agwt 6.4111 koeeipt N: 21556 Deputy - Cheryl Scanned EASEMENT AND RIGHT -OF -WAY Beck Properties Trophy Club. L.P.. 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. # SUB2 -26 Unique Identifier Number: DC004- SUB2 -26 • • 4153 0 1555 i DENTONNN CREEK REGIONAL WASTEWATER SYSTEM DEMO N CREEK INTERCEPTOR SYSTEM PEASE ILL. SECTION IR a t SUBSTITUTION EASE MNT AND RIGHT -OF -WAY (INCLUDING TEMPORARY EASEMENT FOR CONSTRUCTION) 073067 Pared Si 26 STATE OF TEXAS § ¢ KNOW ALL. MEN BY THESE PRESENT& cowrie OF DENTON THAT BECK PROPERTIES TROPHY CLUB. LP., ■ Texas limited partnership, acting herein by and through Back Properties Communities, Lc.. its gemmed partner, hereinafter tattered to as t3RANfOR. Sl+r sot is consideration of FIVE uuNDR*IP AND NO/L00 DOLLARS (SS00.60) and other good and valuable consideration to GRANTOR In hand paid by the CITY OF SOUTHLAKE. a municipal corporation situated in Tarrant and Denton Counties. hereinafter ream(' to as GRANTER, with its principal office at 667 N. Carroll Avenue. Southtafcq TX 76092, the receipt of which by GRANTOR Is hereby acknowledged. have granted and conveyed, end do by these presents grant and convey, unto the °SANTEE, tts m&coaasors and asdgru, an easement and riht- oFrway to la)4 oons$ruet inapent. cperatw maintain, repair, replace, change, add aad/or retnove a utility line or lines with all incidental equipment and appurtenances. and the hereinafter described erosion control imipinvernents (IMPROVEMENTS), (si) items collectivity 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, the ("Easement Tract"); and a temporary construction easement, as described in Exhibit "8 ". attached hereto end wade a part hereof, to use in connection with the construction of said initial PACQLTIES, said temporary construction easement to expire upott completion otconatntoion and acceptance by GRANTEE of said initial FACILITIES or one year from execution dote whichever occurs first There is included in this grant the right at sew time in the suture to lay. construct. inspect, oparate, maintain, repolr, replace, change. add and/or remove one or more additional fines of pipe approximately parallel with the first pipeline or pipallnea laid by GRANTEE hereunder, so long es said Rrture line or times are within the coafmnes or t meets and bounds desedption of which is contained in Exhibit "A" For erosion control purposes, the easement rights granted and conveyed herein to GRANTEE shalt also include the right at any time in the Cuturs to construct, inspect, operate. maintain, repair. replace, change. add and/or rentove concrete. rock rip rap or other fbmns of IMPROVEMENTS to protect GRANTEE'S existing and Arhus pipelines located within or adjacent to creeks, gulitee and other natural or roan -made water drainage courses toasted within the Easement Tract described in Exhibit " A ". __ I 1111 1111 • 4153 01556 In addition to the oosveyanee oTnsw cue:treats as descdbed herein, this ioetcument is also executed and delivered Rat the purpose of substituting the Wad descriptions of that portion of the Easement and Right -of - -Way praviouety conveyed to CITY as recorded under Clerk's Mk No. 96-R004283 1. anise Rest Property Remade of Denton County, Terms, that is located within the boundaries of the property now owned by GRANTOR The need ter and desi a of any IMPROVEMENTS are solely within the GRANTEES oontrd end disteesiot►. The IMPROVEMENTS shall be constructed winner the ldgh -flow boundaries of said :water drainage courses. The GRANTEE, a its diva edoe, may nosevats end Ail within the easement and may grade sad slope the ban a or smile of the water draftuge courses to theeitate the IMPROVEMENTS' dertge and integrity. The physical limits of the IMPROVEMENTS shalt ha enthdy weaned to the alma described be Exhibit A. GitANi'OR acknowledges that the consideration paid by GRANTEE It flail and final payment for a rights conveyed herein. GRANTOR. GRANTORS heirs, executors, administrators, 'successors and assigns, may ltigy use and enjoy said peed encumbered by said easement, except that such rue and enjoyment Malt not hinder, toted or interfere with the exercise of GRANTEE'S rights hereunder and no temporary or permanent building, struct ns or reservoir shag be erected, placed or constructed upon, wader or across the righto &way and easement herein granted without GRANTEES written consent: provided Anther. GRANTOR, GRANTOR'S helm execut ors, edatinestrators, successors and assigns, may conettuct, dedicate and mniatain across laid easement and right-of-way such roads, alleys, minty lines audiences as will not interfere with the use by GRANTEE &said easement and tight of -way ibr the purposes Mermaid. It is Sulker agreed that GRANTEE may remove from the eaeerrresa any fences, buildnga, structures mother obstructions which iatertete with the mercies ofGRANTEE'S rights herein and GRANTEE may trim and out down trees and shrubbery in connection with the construction, inspection, operation maintenance. repair, replacement, change, addition and/or removal of acid FACJUT1ES. if necessary. GRANTEE s dean up and remove all trash end dcbtisa, repair and replace fences and repair other damages caused by said contraction and use. The easement Tights and privileges herein granted shall be perpetual, and shall constitute covenants running with the tend and shall be binding upon and inure to the benefit of GRANTOR and GRANTEE, respectively, aid their respective heirs, executors, administrators, successors and assgns sad said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR'S drain of tint GRANTEES rights hereunder may be assigned in whole or in pert to on 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 WHY structures within the temporary construction easement without cost to GRANTOR, and shalt c_r_c 411 III . 4153 01557 restore the property which Is'subject to the temporary construction easement se closely as possible to its candid= prior to eery thereon. I Tide instrument is executed and delivered for the purpose of substituting the GRANTEE in the To • Have and To Hold seedons ofthis easement sad right ofwsy previously conveyed to AUTHORITY as recorded in Document Numbers 96-R0042831 and 96- R00'7032S, of the Deed Records oFDenton County, Texan 1, •T'O HAVE AND TO HOLD the ebove.desctibed assessed and right -ofway and rights appurtenant thereto unto GRANTEE, its successors and assigns, until old FACE./TIES are declared perrntmeatly abendoaed by GRANTEE, in which event said easement and right-of-way and rights appestats thereto shall cease and terodnate and revert to GRANTOR and GRANTOR'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-energy and tights . appurtenant thereto ueoto GRANTEE, its aunceaaore and assigns, a gainst every person whomsoever • . tawdrily dddng. oc to claim. the same or any part thereof. It is expressly understood that ad rights, conveyances or covenants ere herein written, and no verbal agreements of any Wad shell be binding or recognized or in any way modify this instrument of • conveyancer ` • EXECUTED this _ day of 'IAA .. r 1998, to be effective April 23, 1996. ll • BE IC R • PERTIES TROPHY CLUB. LP a Texas limited partnership By. Heir Properties Communities, Inc. its general partner By: Ili At X 4 *. . . oa r: -■eransaslAmmnenrb .aran+ae■w.dM■av+aaalm ' • • • ! ! I .-:. • • • 4153 Q155$ - ACKNOWLEDGMENT i ! STATE OF T=AB 0 • li GOwr ]! OP DALLAS § Before me ; di / / � /� o Ada tally appeared Jew • to me ,. me on the { oath of 1 fl or puce &Identity card or ether document) / �� to parson voltose tome is su tt s fbrcgaina lnstaramat and aohnowrled sd to me don he executed the same fbr the purposes and oonsideradon thereto impressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE. this /7 . day o! . 1998. Notary Public, State of Texas c ' ' 3 �f;y 1 -7;slg._ Aaron P rinted Name My Commission empires on thom2e day of )1WEL43)._ __ .+astrrdantasseer..s.ae.nrmnrss rtwieer ' .. i '. f .., a 110 III fa,ini+nt utilit Easement is 15 3 01559 riv ".2" n J. Sutton Survey. Abstract No. 11.. 148* Job No. 1618601 0.139 Awns February 1. 1906 EXHIBIT 'A' . DENTON CREEK REGIONAL WASTEWATER SYSTEM 1 DENTON CREEK INTERCEPTOR SYSTEM PHASE 1111BECTION III PARCEL NO. 28 BEING A FIFTEEN FOOT WIDE PERMANENT t1TILNTY EASEMENT AND A 0.136 ACRE PARCEL OP LAND SI1fLIATED IN THE J. SUTTON SURVEY, ABSTRACT NO. 1154 OP DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 7.1174 ACRE TRACT !TRACT 3) OF LAND AS 085000 TO BECK PROPERTIES TROPHY • CLUB LP ANC: RECORDED IN CONVEYANCE NUMBER R0087518, OF THE DEED RECORDS OP DENTON COUNTY, TEXAS • CDROCTI. SAID 0.138 ACRE PARCEL OP LAND GONG MORN PARTICULARLY DESCRIBED AS i FOLLOWBt COMMENCING al the southwest corner of Tract 3. sane being the southeast corner of a called 7.8620 sore tract (Treat 101 of land deeded to Trophy Joint Venture and recorded In Volume 9302, Pegs 593, DRDCT, and being in the north line of Htghwey 114 to variable width right of way» THENCE 14 2B° 5B' 42' II, along the east Tina of Treat 10 and the west line of Tract 3. e dlalanoe of 35.33 feet to the POINT OF BEGINNI NGI THENCE N 28° 58' 42' 5, continuing along avid common One, a distanoe of 15.14 feat to a point: THENCE 9 99° 48' 48 8, leaving saki line: a distance of 401.88 feet to 0 point In the east line of Tract 3. same being In the west Ike of Treat C of Trophy Club Section 8. on Addition recardod M Volume 15, Page 12 of the Map Records of Denton County. Taxes: THENCE 6 36° 27' 23' W. along the east floe of Tract 3 and the west line of Treat C. c distance of 15.71 foot to a point; , THENCE N 08" 49' 4S' W along s Ilns that le parallel to and 38.00 foot perpendicularly dIo ham the north line of FNgh 114 p d isten ds of 399.34 feet to the POI NT OP BEGINNING., end cont inIno 0.138 ewes, or 5,010 square feet of land, 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 PROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: oev. Flue n A Associates. Inc. MI c Surveyor's Name: John Stlaxbridge ,z ..to on TRRW - ' <'- Rogleterad Professlanel Land Surveyor, Texas No. 4285_ \' 94 6 a i ° Date of Survey: October. 1993 r Page t of f III III 4153 01560 FM 04802 Temporary Cambodian Easement J. anion survey, AbNwdt No. t 164 8H6,A Job No. 16165 -o1 0.682 Aoees February 1. 1660 ' EXHIBIT "0" =' DENTON CREEK REGIONAL WASTEWATER SYSTEM DENTON CREEK INTERCEPTOR SYSTEM PHASE IIIISECTION 111 • PARCEL NO. 26 BEING A SIXTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT AND A 07.552 ACRE PARCEI, OF LAND SITUATED IN THE J. SUTTON SURVEY, ABSTRACT NO. 1154 OF DENTON COUNTY, TEXAS AND BEING A PART OF A CALLED 7.1174 ACRE TRACT (TRACT 3) Or LAND AS DEEDED TO BECK PROPERTIES TROPHY CLUB LP AND RECORDED IN CONVEYANCE NUMBER R0087616. OF THE DEED RECORDS OF DENTON COUNTY, TEXAS ( DRDCT). 8AI0 0.552 ACRE PARCEL OF LAND DEMO MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' i l COMMENCING for refarencm al the southwest owner of Tract 3, soma being the southeast caner I of s caned 7.9629 wimp tract (Tract 10) of land deaded 10 Ttoph�r Jalnt Venttrrs rand recorded In Volume 3302, Page 690, DRDCT, and being In the north Ilne of Highway 114 (a variable wldIh right of ways THENCE N 28' Sty 42' E, along the east line al Tract 10 end the wart fine of Tract 3, a distance of 16.14 feet to the POINT OF BEGINNING; ' THENCE N 28' 68' 42" E, continuing along sold tiro, a dtstrnoe 01 60.68 feet to r polnl; THENCE 5 68' 4A' 46" E, braving said Ikie, a distance of 408.31 feel to a point In the east Iina of Tract 3, warns being In One woes 11ne of Tract 0 of Trophy Club 8ecllat @, an Addtlon recorded In Volume 18, Page 12 of the Map Records of Denton County, Texas; THENCE S 313' 2T 23" W, along Ihs seal line of Tract 3 end the west line of Traci C, a distance al' 62.84 feet to a polo!; THENCE N 88' 49' 46" W. tsavng sold tine, a distance of 395.88 feat 10 the POINT OF BEGINNING. and oontalning 0.552 acres, or 24,089 square feet of land, more or teas. SURVEYO,rS CERTIFICAIR TO ALL PARTIES INTERESTED IN - TITLE TO THE PREMISES SURVEYED, I DO HERESY 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: Ewer. Huston 8 Associalee. Inc Br 520'4.. ' .** % 4a Vi i . . • JOH a W ILDI"aR Surveyor's Name: John F. VYllder . 4205 ,,, Registered Professional Land Surveyor. Texas No. . 4255 Data of 'Survey: October. '1993 Page t or 1 4 • r J. SUTTON A -t154 • Q • • 1 C t1 OENTON COUNTY. TEAS O t GREEII Rfi IONAL : EAILi188t Aca4Slim9e 0.11 9010 SO. FT: - 9" o.s 2 AC. 240119 !O. FT WASTEWATER SYSTEM 91101.9 d E PROPERTY A CALL: 7.11 74 A EF1T PA£ 1RE SYSTEM PHASE IY \SECTKOT 111 • PLAT OF ExH 81 T " "A" & " 8 PARCEL Ha 2e d7Y or sOUTNLAIf[ • � .e.3.4, c NORM NOR CM mein ein _t '�j sOUtHLAKR 78880 moo 1 1\1\--N.ss**--,Kbq• .12P 1 • =1 TROPHY JOB ~um d`. (GAUD . 02, P �) ®8 OR OCT. ` � L 3 Sg' Y 1IOP O JO1N V -R i l. . (CALLED IQ AC. Q ti F ? � 4" V Ol.. 3302. PO. 803 D.R.O.C"L � � �O' o�w� . t', c� ` °te Q �� 9 TROPHY CUM =Gnat R - EEFL 11.800880. TRACT C . t�pL VOL. 18. PG. Oa . _ ' • t 118!47108 1111/17 WSW •C• P0/11. II POO "' A• & • S • - r ,.� east a rr . ;�"$'di irAt4wwt Ax y 4 rt a rurf art ? j: F • '4.4 / T1 N stiss'41�" C TS.14' k i f 7 5 39';823' M /. T3 3 4' 14 28'842" t B0.as SE' T4 $ 3927'1.3" IN 82.44 ■ i • = , 0 0 :'. /I 95, POMP P A M. EWE. 37' 10 THE N.E. MOSgt i` ElliM • ezne.. P le.. %ff.R!.n = , ,tea•,'. i ► lsT r r' ', , ...oa . wA: '7 Ja R sir. W RP. � 1 . O.P.a. �:,... s.sq �� S s>• wft 4s P. 4283 • • • - PREPARED BY ' - GC SCAL 4' m 2 00 • \ ` . . %.4>R0 3 e CHECKED BY JIN 4• 10 r ; DATE 2/1/94 0 P00 200 444' Y -'- .. E. H. & A. J01TRACT 16168 Pt.ai.u4.t ��"�� ~Amp MOOS 4- A 0 Oki I X U7 t- - v61 3 Filed foe RId in; DENTON COUOtY AONORRUE TI unninViuno P_ERX On u.fl 11 n Ott .hOlipn Ope/Num 1 ?it- Oornm F.11 Reef:141m s7.(10 Doc/N9mt't 4.90 Receipt .P911 Oeputy - MARY LOUISE GARCIA "V t # �fiy e COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196 -0401 • PHONE (817) 884 -1195 CITY OF SOUTHLAKE 1400 MAIN ST # 270 CITY SECRETARY'S OFFICE SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 6/25/2012 2:14 PM Instrument #: D212151392 D 12 PGS $56.00 By = D212151392 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: AKCHRISTIAN