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A-686 (FM 1709-Shady)OFFICIAL RECC)RD ~ PARTIAL RELEASE OF EASEMENT _~s Partial Release of Easement is given to be effective this ,o~ day of , 1996, by the CITY OF SOUTHLAKE, T~EXAS, (hereinafter referrefto as "Southlake"), for the purpose of removing from the record title the ~emporary const~ction easement rights hereinafter described as to that certain parcel of real property situated in Tarrant County, Texas, (hereinafter referred to as the "Land"). RECITALS (1) Whereas, FM 1709-SHADY OAKS, LTD., a Texas limited parmership, (hereinafter referred to as "Owner") is the owner of the Land which is more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes; and (2) Whereas, portions of the Land are subject to easement rights granted by Owner to Southlake by that certain Permanent Utility Easement and Temporary Construction Easement dated February 14, 1995, filed of record on February 27, 1995, recorded in Volume 11890, Page 531, of the Tarrant County Records of Tan'ant County, Texas, (hereinafter referred to as the "Easement Instrument") for the purpose of installing, repairing, maintaining, altering, replacing, relocating and operating the 15 foot wide utility easement (hereinafter referred to as the "Permanent Easement") and the 35 foot wide temporary construction easement (hereinafter referred to as the "Temporary Easement") described therein; and (3) Whereas, the utility facilities contemplated by the Easement Instnnuent have been constructed, installed, fully completed and accepted, therefore, the Temporary Easement is no longer necessary or required by Southlake. NOW, THEREFORE, for good and valuable consideration, including the acknowledgment by Owner that the property within the Temporary Easement has been restored as nearly as possible to its condition prior to entry thereon, the receipt and sufficiency of which are hereby acknowledged, Southlake does hereby release, relinquish and discharge all of its right, title, interest and easement rights in and to the 35 foot wide Temporary Easement described in the Easement Instrument, and does hereby declare the Temporary Easement fully released and discharged with respect to the Land. The Permanent Easement described in the Easement Instrument is not released and remains for all purposes in full force and effect. Page 1 of 2 12336 t642 EXECUTED effective as of the year and date first above written. CITY OF SOUTHLAKE, TEXAS Title: /~. ~ Or NOTARY PUBLIC State of Texas [ THE STATE OF TEXAS } COUNTY OF TARRANT } This in~nent x~ias agknowledged before me on the ~_ .day of 1996, by /r,j~.f ~,~ , the of the CITY OF SO~JT~ILAKE, TEXAS, a municipal corporation, ~n ~l~aif of said N~otarv Public,State of Texas Notary's p~lnted nme municipal RETURN TO OFFICE OF THE CITY SEC~ETA~ C~TY OF SOUTHLAK~ (567 N. CARROLL AVE SOUTHLAKE, TEXAS Page 2 of 2 12336 16 3 EIC~IBIT "A" TRACT ! BEING a tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, City of Southiake, Tan-ant County, Texas, and being a part ofa u=act of land conveyed to Marion Gribble Truelove, Individually and ns lndep~dent Execu~ix of the estate ofJ. P. Truelove, m~stee as r~o~ded in Volume 9667, Page 2315, Deed Records of Ta~-ant County, Texas, and being mor~ p~'tiodarly descril~l as follows: BEGINNTNG at a P.K. nail set at the intersection of~ n~th right.of-way line of F.M. Highway 1709 variable width ~ight-of-way), and the ~edine of Shsdy Osks Drive; THENCE N 05 degr~s 43 m~.,.~ 04 __~co_ nds W, alon~ tl~ ean~qine of said Shady Onks Drive, diatance of 2~6.64 feet to a P.K. nail se~ for n com~; THL=NCE S $8 degass 57 minutes 44 seconds E, lea~ng the cent~rlin~ of snid Shady Oaks Drip., di~ance of 780.64 fec-t to a l/2-inch i~on rod s~t on the w~at line ofa p~ 4ral~ge easement the City of Southlake; THENCE S 24degass 39 ~_,--~ 58__~'_~_~ E, along~w~tlineofsaidproposeddtaina~e easement, a distanco of 29.18 fe~t to a l/2-inch i~on ted set at ~se beginning of a c~n-v~ m ~t~ right having a central angle of 22 degrees 56 m;-,",~ I 1 seconds, a radius of 270.00 feet and & ~an~ent of ~4.7~ f~'t; THENCE in s South~ direction alon~ the west line ofseid 1~ dra~ easement and along said curve ~o ~e right, an a~ length of I 0~.09 feet ~o · l/2-inch itoh tod set at ~l~ end of said THENCE S01 degt~s 43 ml-ut~s 47seconds E, alon~hewestlineofsaidl~dralna~ e~sement, a distance of 104.76 feet to a I/2-inch iron rod set on ~ north tight-of-~vny line of said F.M. Highvmy ! 709 for a corne~, THENCE N 88 de~.~ 57 minutes 44 seconds W, along the north right-of-way ~ of sald'F.M. Highway 1709, lntssing at 769.49 f~-t a l/2-1nch i~n md found on the east right-of-v~y ~ ofsaid ~hady Oah 13ti~ and ~n~uing for a to~ distance of 796.92 feet to tl~ POINT OF BEOINN~O and CONTAINING 4.3107 acres of land, of which 0.1465 nc~s of land lies in the ~ight-of-way of Shady ~ Drive. Rxhibit "A" - Pase I of 2 12336 I 6 1.1. TRACT 2 BEING a tract of land situated in the Liltleberry G. Hail Survey, Abstract No. 686, City of Soutldake, Ta. rrant County, Texas, and being a part of a L-act of land conveyed to Ms.-ion Gribble Truelove, Individually and as Independent F. xecuu'ix of the estate ofJ. P. Truelove, tzustee as recorded in Volume 9667, Page 2315, Deed Records of Tarrant County, Texas, and being more particularly clea:~bed as follows: BEGt'NN1NG at & l/2-inch iron rod se~ on the north right-of-way ~ of F.M. Highway 1709 (a variable width right-of-way), said point being S 88 degt,~___* 57 minutes 44 seconds E, a distance of 907.05 feet f~om the ~enterline of Shady Oaks Drive said point also being on the east ri_aht-of-way kine of a proposed gaeet to the City of Southlake; THENCE N01 deip'ess 43 mlm~tes 47 seconds W, alon& the east right-of-way line ofsaid l~ street, a distanoe of 110.08 feet to a l/'2-inch iron ~xi set at the bnginn~ of acm'ye to the leit ha~ a central angle of 19 ~ 24 mlnLlt~s 09 ~lid~ & l'lldi~tq of 380.00 feet, ~ ~ of 64..~ ~ THENCE in a Northwesterly dix~--tion along the east right-of-way kine of said 1~ sUeet, an a~ length of 128.68 feet to a 1/2-inch iron tod set at the end of said cur,'e; THENCE S 88 degtess 57 minutes 44 seconds E, a distanoe of 273.58 feet to · I/'2=inch ~ n:d set for a corne~, "I'HENCE S01 dngress 33 mi~_,_~,,. 31 secondsE, passin&at 68.76 feetal/2-inchimnnxlf~oundat the northwest comet of Lot 1, Block 1, Woodland Hill_, RSU, an addition to Ibc City of 8onthlai~ aa recorded in Cabinet A, Slide 608, Deed Reco~ of Tarmnt County, Texas, and co..,:.,~a~ ~ the west line of said Wnodland Hills RSU Addilien for a total dislance of 223.1 $ feet to a l/2-ind~ in~ n~d found on the No~h'right-of-way kine of said F.M. Highway 1709, said ~ also l~eing the begimi~ ofanon-tan&entcurvetothefighthavin&acen~-alan&leof01 dngtess $$~a,~,+,., 30sa:ond~a radius of 5659.58 feet, a '~agent of 95.08 feet, and a chord bearlng and distance of $ 8'/de. ess 23 minutes 42 seconds W, 190.14 feet; THENCE in a Southwesterly di~ction along the north right-of-ray kine of said P.M. l~way 170~ an<i aion& said curve to the right, an an: length of 190.15 feet to a lf2.inch iron m.l found at the end of said curve; 'fI-I~CE N 88 degtess $? minutes 44 seconds W, sion& the north tight-of way kine of said F. bi. Highway 1709, a distance of 60.97 feet to the POINT OF BEGINNING and CONTAINING 1.3538 acres of land. E~rhJ.b:i_l: "A" - Pa~e 2 o:E 2 12336 16 5 D196075791 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O ¥ I N D E X E D--T A R RAN T COUNTY TEXAS S U Z A N N E H E N D E R S O N -- CO~Y CLE~ OFFICIAL RECEIPT T O: CITY OF SOUTHLAKE RECEIPT NO 196175200 REGISTER RECD-BY PRINTED DATE TIME DR92 T003957 04/19/96 14:06 INSTRUMENT FEECD INDEXED TIME i D196075791 WD 960419 14:06 CG T O T A L : DOCUMENTS: 01 F E E S: 15.00 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. 12336