The Cliffs at Clariden Ranch (Lots 5x, 19x, 25x, Block 2), 2008 - General Warranty Deed for Parks(�)
GENERAL WARRANTY DEED FOR PARKS
Effective Date: November 30, 2007
Grantor: Clariden Ranch Homeowners Association, Inc.,
a Texas non-profit corporation
Grantor's Mailing Address:
Grantee:
Grantee's Mailing Address:
Attn: Paul Spain
395 W. Northwest Pkwy., Suite 200
Southlake, Tarrant County, Texas 76092
City of Southlake, Texas,
a municipal corporation
1400 Main Street
Southlake, Tarrant County, Texas 76092
Consideration: Ten Dollars ($10.00) and other valuable consideration
Property (including any improvements):
Lots 5X, 19X, Lot 25X, Block 2, of The Cliffs at Clariden Ranch, an Addition to the City
of Southlake, Tarrant County, Texas," as recorded in Cabinet A, Slide 11451 of the Plat
Records of Tarrant County, Texas.
Reservations from and Exceptions to Conveyance and Warranty:
Grantee assumes and will pay ad valorem and other tax assessments affecting the
Property for the Guz=59a subsequent years.
This conveyance is made and accepted subject to the following restrictive covenant
("Park Covenant"): no part of the Property shall be used directly or indirectly for any
purpose whatsoever except as a public park facility. This Park Covenant shall apply in
perpetuity and shall run with and burden the Property and shall inure to the benefit of and
be enforceable by Grantor and Grantor's successors and assigns. If the Park Covenant is
violated, Grantor and its successors and assigns may prosecute: (i) any proceeding at law
or in equity to abate, prevent, or enjoin any such violation or attempted violation, and/or
(ii) any proceeding at law or in equity to recover monetary damages caused by such
violation or attempted violation.
This conveyance is made and accepted subject to the following affirmative covenant
("Maintenance Covenant"): for so long as the Property is used as a public park, Grantor
shall maintain the landscape and park facilities at the Property in good condition (at least
comparable to the maintenance by the City of other public parks). Grantor shall have a
non-exclusive easement over, under and upon the Property for the purpose of allowing
Grantor to access the Property for the purpose of maintaining the landscape and park
facilities at the Property. If the Maintenance Covenant is violated by Grantor, (i) Grantee
may prosecute a proceeding at law or in equity to abate, prevent, or enjoin any such
violation, and/or (ii) Grantee may perform such maintenance and seek from Grantor the
reasonable cost thereof, including prosecution of a proceeding at law or in equity to
recover monetary damages suffered by Grantee as a result of such violation.
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Cliffs Park Deed v4.DOC V
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This conveyance is also made and accepted subject to following exceptions:
1. Easement from A.F. Oien, Jr. to Terra Land &Cattle Co., LLC by
instrument dated 01-10-2001, recorded in Volume 4757, Page 137, Real Property
Records, Denton County Texas. (Affects Lot 19X, Blk 2)
2. Easement and/or Right of Way from Alvin F. Oien, Jr. to the City of
Southlake, dated 07-09-1997, filed 03-17-1998, recorded in Volume 4051, Page
1874, Real Property Records, Denton County Texas, and recorded in Volume
12865, Doc. No. 157, Real Property Records, Tarrant County, Texas (Affects Lot
19X, Blk 2)
3. Reservation of of all the oil, gas and other minerals royalties, bonuses,
rentals and all other rights in connection with same as set forth in instrument
dated 04-05-1941, filed 04-22-1941, recorded in Volume 291, Page 288, Real
Property Records, Denton County, Texas.
4. All of the oil, gas and other minerals, the royalties, bonuses rentals and
all other rights in connection with the same, as the same are set forth in any
instrument dated 09-01-2005, filed 09-12-2005, recorded in Clerk's File No.
D205269444, Real Property Records, Tarrant County, Texas.
5. Subject to the Order Adopting Airport Zoning Regulations of the Dallas -
Fort Worth Regional Airport, Ordinance No. 71-100 imposed by the Joint
Airport Zoning Board of the Dallas -Fort Worth Regional Airport, filed 09-02-
1982, recorded in Volume 7349, Page 1106, Real Property Records, Tarrant
County Texas.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and
warranty, conveys to Grantee the Property, together with all and singular the rights and appurtenances
thereto in anywise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators.
Grantor binds Grantor and its respective successors and assigns to warrant and forever defend all and
singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
Clariden Ranch Homeowners Association, Inc.,
a Texas
%non- rof, co oration
By:. /
Print N e: K . v u45P X
Print Title:
Cliffs Park Deed_v4.DOC 2 ,P A� JJ
STATE OF TEXAS
COUNTY OF TARRANT §
This instrument was acknowledged by me on this day of November, 2007, by
the of
Clariden Ranch 11-m-61A ers Association, Inc., a Texas non-profit corporation on behalf of such
corporation.
nKIM HENNIGAN No Public for the State of Texas
^= Nota Public, State of Texas
My Commission Expires
April 13, 2011
ACCEPTED:
City of Southlake, Texas,
a municipal corporation
AFTER RECORDING RETURN TO:
Ms. Lori Payne
City Secretary
City of Southlake
1400 Main Street, Suite 270
Southlake, Texas 76092
Cliffs Park Deed_v4.DOC
b2fP171#65
.P. 3 I 4
By:
CITY OF SOUTHLAKE
1400 MAIN ST # 270
SOUTHLAKE TX 76092
Submitter: CITY OF SOUTHLAKE - ZSLKE-001
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 01/16/2008 03:22 PM
#: D208017605
WD 4 PGS $24.00
D208017605
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.
Printed by: CA
'ice' .
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER
STATE OF TEXAS § AFTER RECORDING, RETURN TO:
§ X27.
rland
COUNTY OF TARRANT § itle CITY OF SC)UTHLAKE
outhlake vexas 75201 0 MAIN STREET, SUITE V
SOUTHLAKE, TEXAS 76092
WAIVER OF SURFACE RIGHTS
Paul Spain, Bobby Harrell, and Alvin F. Oien (collectively "Mineral Owner") own a certain
mineral estate pursuant to the following:
Mineral Deed dated September 1, 2005 from Alvin F. Oien
recorded on September 12, 2005 in Clerk's File No. D205269444.
Said mineral estate covers, among other property, the following described "Land":
Lots 5X, 19X, Lot 25X, Block 2, of The Cliffs at Clariden Ranch,
an Addition to the City of Southlake, Tarrant County, Texas," as
recorded in Cabinet A, Slide 11451 of the Plat Records of Tarrant
County, Texas.
For and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration,
Mineral Owner waives all right, title and interest in and to the surface of Land and right of use of
the surface of the Land. Mineral Owner shall have no right to use of all or any part of the surface
of the Land for Mineral development purposes or any other purpose.
Nothing herein, however, restricts or prohibits the pooling or unitization of the mineral estate
with other property; or the exploration or production of the oil, gas, and other minerals by means
of wells that are drilled or mines that open on property other than the Land, provided that these
operations must not interfere with the surface or subsurface support of any improvement
constructed or to be constructed on the Land.
[SIGNATURE PAGE FOLLOWS]
Executed as of November 19, 2007.
Mineral Owner:
�C Q_� -4CD-
Alvin F. Oien
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on \ \- 3 0, 2007, by Paul Spain.
Not�ryPutblic — State o exas
[seal]
STATE OF TEXAS §
COUNTY OF TARRANT §
►o;%
KIM HENNIGAN
Notary Public, State of Texas
My Commission Expires
April 13, 2011
This instrument was acknowledged before me on l\— 3A , 2007, by Bobby Harrell.
NotOry Public — State oPTexas
[seal]
STATE OF TEXAS §
COUNTY OF TARRANT §
KIM HENNIGAN
Notary Public, State of Texas
My Commission Expires
April 13, 2011
This instrument was acknowledged before me on \lam 3*4 , 2007, by Alvin F. Oien.
Not ry Public — State o�Tas
[seal]
,N01 P?e.,r KIM HENNIGAN
Notary Public, State of Texas
My Commission Expires
;g„0 April 13, 2011
2 b'71)743ffyb5
n.Z�3
By:
CITY OF SOUTHLAKE
1400 MAIN STREET
#270
SOUTHLAKE TX 76092
Submitter: CITY OF SOUTHLAKE - ZSLKE-001
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 12/11/2007 02:16 PM
In rument #: D207438865
OPR 3 PGS $20.00
D207438865
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.
Printed by: GP