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Nolen Center (Lot 1R, Block 1) - Permanent Water Easement ORIGINAL DOCUMENT CITY OF SOUTHLAKE Council Action: Y N Ord./Res. No. Date Approve 2- 5 - ../- 01 -5 CITY OF SOUTHLAKE PERMANENT 15 -FOOT WATER EASEMENT THE STATE OF TEXAS 0 COUNTY OF IMT(Lflt § That we, DCTN3 373 Southlake, LLC, a Texas limited liability company, GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating water line facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to -wit: A Permanent 15 -foot Water Easement containing a total of 859 square feet of land through Lot 1 R, Block 1, Nolen Center, with property address of 2645 East Southlake Boulevard, City of Southlake, Texas, and as more particularly described in Exhibit "A ", and shown on Exhibit `B" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent 15 -foot Water Easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S 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. The Permanent 15 -foot Water Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person. Page 1 of 5 IN WITNESS WHEREOF, this dedication instrument is executed this P *day of January, 2013. I BY: 1 `/ GRANTOR dr ACKNOWLEDGEMENT THE STATE OF EXAS COUNTY OF BEFORE ME, the undersigned authority n n or County, Texas, on this day personally appeared 6 i � w h known to me or proved to me through escription of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFF ' , this d I of January, 2013. Notary Pub1i e of Texas � �lf `,PY P Halle R. McCulbugfi tilt IL 1 ( Comm. Esp. 1040 19 NO S' Publ Notary's Name (Printed) 9 �, State of Texas [ Notary's Commission Expires NOTARY SEAL Page 2 of 5 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the au day of January, 2013, from DCTN3 373 Southlake LLC, a Texas limited liability company to the CITY OF SOUTHLAKE, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated Mayor, CITY OF SO HLAKE .%,,,,, ) 1f H IJ�I _ • D 5 City Secretary AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817- 748 -8098 Fax: 817- 748 -8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817- 748 -8016 Page 3 of 5 EXHIBIT "A" - 15 -FOOT WATER EASEMENT Description of a 859 square foot WATER EASEMENT out of the Thomas Easter Survey, Abstract Number 474, in the City of Southlake, Tarrant County, Texas, said easement being a portion of that tract of land conveyed to DCTN3 373 Southlake Texas, LLC, according to the deed recorded in Clerk's File Number D212265153, Official Public Records, Tarrant County, Texas; said easement also being a portion of Lot 1 R, Block 1, Nolen Center, an addition to the City of Southlake, Texas according to the plat thereof recorded in Clerk's File No. D212258849, Official Public Records, Tarrant County, Texas; said 859 square foot easement being more particularly described by metes and bounds as follows: COMMENCING, at an 1/2 -inch iron rod with plastic cap stamped "AREA SURVEYING, INC." found for the northwest corner of said Lot 1R on the southerly right -of -way line of East Southlake Boulevard (also known of as Farm to Market Highway 1709, a 130 -foot wide public right -of -way at this point); said point also being the northeast corner of Lot 4R -1, Block 1, Georgetown Park, an addition to the City of Southlake according to the plat thereof recorded in Cabinet A, Slide 7350, Plat Records, Tarrant County, Texas; THENCE, South 44 degrees 35 minutes 55 seconds East, leaving said northwest corner, a distance of 33.99 feet to point on the south line of a 15 -foot utility easement originally created by the plat of Lot 1, Block 1, Nolen Center, an addition to the City of Southlake, Texas according to the plat thereof recorded in Clerk's File No. D211257436, Official Public Records, Tarrant County, Texas; said point also being the POINT OF BEGINNING; THENCE, South 70 degrees 47 minutes 12 seconds East, with the south line of said 15 -foot utility easement, a distance of 20.00 feet to a point for corner; THENCE, South 19 degrees 12 minutes 48 seconds West, leaving said south line, a distance of 57.28 feet to a point for corner; THENCE, North 70 degrees 47 minutes 12 seconds West, a distance of 15.00 feet to a point for corner; THENCE, North 19 degrees 12 minutes 48 seconds East, a distance of 57.28 feet to the POINT OF BEGINNING; CONTAINING, 859 square feet of land, more or less. Page 4 of 5 V 3 �w o / /3 l � ,� P CAP F 4 r�l�F D ( 0 vB G /C �� To�B,l� C4, P A< C Gyf `�/ ` ~ - i .R. r 0 ' 7, 0 1/2" IRON ROD e x s -- \ ` � r ` Y W / AREA SIA4VEYdVC NG" -. 1 -... ‹.,... 4 , , If) I r c. [r P'��°. CA F OUND \ �OMP r t/Tlfs R. r OZf ?`j4 MFNT ` ' / ` i ! \ -R %T B>sMfHT et � ��/ 1 8 \ ~� �� ` I NU`CW\ \\ l V Q 4114. I PR OC / ?STX36 t ( „ . ' , r ;Y r F4S qu D ` \ \ t 2 1/2" IRON �4 °RrC`7 eai ROD FOUND / 15' WATER --.1 o (3 EASEMENT' 5/8" IRON ROD o ; 859 sq. ft. �� \ � � > " ' c a aES D �S 4804' c�, Q 24' COMMON /-` y Ui I AP LOCA ACCESS EASEMENT / / QS m IY I TEXAS POWER 8 LIGHT C.C. No. 0211257436 ) COMPANY EASEMENT P.R.T.C.T. � / 3S In V. 2255, P. 282 ) \ / �' o ff ^ � v 0.57.27. L 0 T IR, BL0CK / \,' / - 7 / 0 J V 5' UTILITY EASEMENT / / / 1 - — C.C. No. 0211257436 NOLEN CENTER / \ 1 l / P.R.T. C.T. 24' COMMON EMENT \ /J -' l i C. C. No. 02/2258849 ' o ACCESS EAS \',� / '' C.C. No. 02112 5 7 4 3 6 ' P. R. T.C.T. P.R,TC.T. / / / ral a F o 2645 E. SOUTHLAKE BLVD. / / 1 / / l � �r 3 ` 4 .rl I oa�aci ,� N DCTN3 373 SOUTHLAKE, LL C. 15' DRAINAGE 6 / / / , / �v o w v a \ O U TILITY EASEMENT / , ° CC NO. 02/2265/53 a ,T l ) C.C. No. 021125743• ? ro O / �O.P C. T. P.R.D.C.T. / 2 A / // w � 33' x 181' DRAINAGE / S Q ry [_ EASEMENT J •, / 711: C.C. No. 0211257436 J 2 2q P.R.T.C.T. U / " qC COM `\�� EA UTI \� c '?'4°. Eou l "-/ l l �P5 T.0 TNP P. 4216 R'TC S T �( )/` l 1 Q O � 4 / Q ? 24' COMMON / ( Q 3 ' ACCESS EASEMENT `�/ C.C. No. 02112 5 / / (mow• O Q � � 74 3 6 _) 1 Q 1 5/8" IRO ROD 5/8" IRON RCID / / v V W / AVM" L _ W / GSES RPLS 4804" �^ c� lam' 15' DRAINAGE 8 l 1 UTILITY EASEMENT — 1 CAP FO N D Ct CAP FOUND 1 o s C.C. N. 0211257436 � 1 d (� Q Q• 1 to P.R.D.C.T. C L 0 T 4R -1 —' 1/2" IRO ROD O I. Q N 89 °56'08" W 2/5. 9' W / AREA U4VEY IVY' Q V CAP FO ND v HAROLD 8 RICHARD 3/4" IRON ROD SHANKLIN, EST. FOUND V. 9836, P. /958 I D.R. T. C. T. _ N IR _ EXHIBIT "B" L/ 33.99' S 44 °35'55" W 15' WATER EASEMENT L2 /5.00' S 70 °47 E BEING A PORTION OF A LOT 1R, BLOCK 1 L3 57.28' S 19°12 '48" W NOLEN CENTER L4 /5.00' N 70 °47'12" W OUT OF o 50 THOMAS EASTER SURVEY, ABSTRACT NO. 474 L5 57.28' N 19 °12'48" E CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS Scale in Feet 1" = 50' Gonzalez & Schneeberg ; 250, , E 7 engineers . surveyors 1972) 9169999 Fnc19721 5160901 SHEET 5 OF 5 DATE: JAN. 2013 PROJ. No.: 8118 -12 -08-08 DWG. No.: 811 .awg • MARY LOUISE GARCIA •0 NH 0 COUNTY CLERK • ' 100 West Weatherford Fort Worth, TX 76196 -0401 PHONE (817) 884 -1195 CITY OF SOUTHLAKE 1400 MAIN ST STE 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 8/30/2013 2:42 PM Instrument #: D213231595 OPR 6 PGS $32.00 `ri a-u -c per+ By: D213231595 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.