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The Shops at Southlake Additon, Central Park (Lots 1-6, Block 1), 2008 - Special Warranty Deed for Park (2)C~~ t~ ~~` w ~ k .,~.. ,. SPECIAL WARRANTY DEED FOR PARK Date: January 8, 2008. Grantor: Carroll/1709, Ltd. 3102 Maple Ave., Suite 500 Dallas, TX 75201 Dallas County, Texas Grantee: The City of Southlake, Texas, A Municipal Corporation 1400 Main Street Southlake, Tarrant County, Texas 76028 f„r°; r r= ~ r:r- ~ ~c . -' -n ~~; -m. ~; ', .~. ~~ ;K:~ Consideration: Ten dollars and no/100 and other valuable consideration Property (including any improvements): See Exhibit "A" attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: See Exhibit "B" attached hereto and made a part hereof for all purposes. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty set forth on Exhibit "B" attached hereto, conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's successors and assigns, and to warrant and forever defend and all singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from the exception to conveyance and warranty, when the claim is by, through or under Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. ~Z(Y 04111~I '~ x::: ,:T t ." ?~ ~~ =, -< DALLAS4 823333v3 71731.000001 GRANTOR: Carroll/1709, Ltd., a Texas limited partnership By: Carroll/1709 One, L.C., a Texa: liability company, its General P THE STATE OF TEXAS COUNTY OF DALLAS ,' ,- By: it ~ `Herbert D. Manager BEFORE ME, the undersigned authority, on this day personally appeared Herbert D. Weitzman, Manager of Carroll/1709 One, L.C., a Texas limited liability company, the General Partner of Carroll/1709, Ltd., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that said instrument was signed on behalf of said entities, in the capacities therein stated, and said Herbert D. Weitzman acknowledged said instrument to be his free at and deed. GIV~N UNDER MY HAND AND SEAL OF OFFICE in said County and State this ~ ~- day of o,,,,,~_, 2008. f- .. :, Notary Public in a> for the State of Texas E~a~v`.-~ ~, I•JtS~ Notary's Printed Name My Commission Expires: ~`[' ~ 1 ~ - ~ ~ D AFTER RECORDING RETURN TO: Ms. Lori Farwell City Secretary City of Southlake 1400 Main Street, Suite 270 Southlake, Texas 76092 DALLAS4 823333v3 71731.000001 ~~g~u7) ~~ EXHIBIT "A" TO SPECIAL WARRANTY DEED David Petree Registered Professional Land Surveyor 11015 Midway Road Dallas, Texas 75229 Phone (214) 358-4500 Fax (214) 358-4600 PROPERTY DESCRIPTION 0.7439 ACRE PARCEL LOT 4 -BLOCK 1 (COMMON AREA) THE SHOPS AT SOUTHLAKE ADDITION SOUTHLAKE, TARRANT COUNTY, TEXAS Revised January 25, 2008 January 10, 2006 BEING all that certain lot, tract or parcel of land situated in the City of Southlake, Tarrant County, Texas, and being a part of a 29.516 acre tract of land conveyed from W.E. Dalton and wife Dorothy L. Dalton, to South Carroll/1709, LTD. by deed recorded in Volume 13242 at Page 76 of the Deed Records of Tarrant County, Texas, same being all of Lot 4 in Block 1 of THE SHOPS AT SOUTHLAKE, LOTS 1-6, BLOCK 1, an addition to the City of Southlake, an addition to the City of Southlake, Texas, according to the plat thereof recorded in Cabinet ~, at Slides f245"I, IZ'~Sand i2y5 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a 1/2" iron rod found in the South right of way line of East Southlake Boulevard (130 foot right of way) for the Northeast corner of said 29.516 acre tract and also being the Northwest corner of Lot 1 R in Block 1 of Gorbutt Addition, an addition to the City of Southlake, Texas, according to the plat thereof recorded in Cabinet A at Slides 9210 and 9211 of the Plat Records of Tarrant County, Texas; THENCE North 88° 37' 53" West along the South right of way line of said East Southlake Boulevard for a distance of 521.33 feet to the POINT OF BEGINNING for this description: THENCE South 00° 05' 33" West and departing the South right of way line of East Southlake Boulevard for a distance of 151.04 feet to a 5/8" iron rod set for corner; THENCE North 88°37'53" West for a distance of 218.91 feet to a 5/8" iron rod set for corner; THENCE North 03° 22' 33" East for a distance of 151.09 feet to a 5/8" iron rod set for corner in the aforesaid South right of way line of East Southlake Boulevard; THENCE South 88° 37' S3" East along the South right of way line of East Southlake Boulevard for a distance of 210.26 feet to the POINT OF BEGINNING and CONTAINING 0.7439 ACRES OF LAND more or less. Revised Janua 25, 2008 ~E•.OF T ~'Y ,~Q,.~~isr~ .F-f- Prepared from surveys made on the ground in November, 2005. ~.. ~' ~ ~a'~:~' ...:.......... :N ,(, ~ Q ,DA~ 10. 90TNEE.. 9' David Petree ti~ SUR~~yo (~Zb80y ~~~~ Registered Professional Land Surveyor No. 1890 EXHIBIT "B" TO SPECIAL WARRANTY DEED Permitted Exceptions 1. Reservation of all rights and interest in and to all oil, gas and other minerals in and under the property as described in Deed executed by Walter J. Rusek to M.L. Dalton and W.E. Dalton, dated September 5, 1980, filed September 8, 1980, recorded in Volume 6992, Page 719, Deed Records, Tarrant County, Texas, as noted on survey by David Petree, R.P.L.S. 1890, dated January 7, 2005, last revised July 14, 2005, last revised September 7, 2005. 2. City of Southlake Permanent Waterline Easement executed by and between W.E. Dalton and Dorothy H. Dalton and the City of Southlake, dated February 19, 1997, filed March 26, 1997, recorded in Volume 12712, Page 1651, Deed Records, Tarrant County, Texas, as shown on survey by David Petree, R.P.L.S. 1890, dated January 7, 2005, last revised July 14, 2005, last revised September 7, 2005. 3. Airport Zoning Ordinance dated December 16, 1971, a certified copy of which is recorded in 7349 / 1106, Real Property Records of Tarrant County, Texas. 4. Terms, conditions and stipulations contained in Reciprocal Easement executed by and between Cambridge-Southlake Partners, L.P. and South Carroll/1709, Ltd., dated January 20, 2004, filed February 4, 2004, recorded in County Clerk's File No. 37687, Deed Records, Tarrant County, Texas, as noted on survey by David Petree, R.P.L.S. 1890, dated January 7, 2005, last revised July 14, 2005, last revised September 7, 2005. DALLAS4 823333v3 71731.000001 EXHIBIT "A" TO SPECIAL WARRANTY DEED David Petree Registered Professional Land Surveyor 11015 Midway Road Dallas, Texas 75229 Phone (214) 358-4500 Fax (214) 358-4600 PROPERTY DESCRIPTION 0.7439 ACRE PARCEL LOT 4 -BLOCK 1 (COMMON AREA) THE SHOPS AT SOUTHLAKE ADDITION SOUTHLAKE, TARRANT COUNTY, TEXAS Revised January 25, 2008 January 10, 2006 BEING all that certain lot, tract or parcel of land situated in the City of Southlake, Tarrant County, Texas, and being a part of a 29.516 acre tract of land conveyed from W.E. Dalton and wife Dorothy L. Dalton, to South Carroll/1709, LTD. by deed recorded in Volume 13242 at Page 76 of the Deed Records of Tarrant County, Texas, same being all of Lot 4 in Block 1 of THE SHOPS AT SOUTHLAKE, LOTS 1-6, BLOCK 1, an addition to the City of Southlake, an addition to the City of Southlake, Texas, according to the plat thereof recorded in Cabinet g, at Slides 12157,12458 and I2~15~ of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a 112" iron rod found in the South right of way line of East Southlake Boulevard (130 foot right of way) for the Northeast corner of said 29.516 acre tract and also being the Northwest corner of Lot 1 R in Block 1 of Gorbutt Addition, an addition to the City of Southlake, Texas, according to the plat thereof recorded in Cabinet A at Slides 9210 and 9211 of the Plat Records of Tarrant County, Texas; THENCE North 88° 37' 53" West along the South right of way line of said East Southlake Boulevard for a distance of 521.33 feet to the POINT OF BEGINNING for this description: THENCE South 00° 05' 33" West and departing the South right of way line of East Southlake Boulevard for a distance of 151.04 feet to a 5/8" iron rod set for corner; THENCE North 88°37'53" West for a distance of 218.91 feet to a 5/8" iron rod set for corner; THENCE North 03° 22' 33" East for a distance of 151.09 feet to a 5/8" iron rod set for corner in the aforesaid South right of way line of East Southlake Boulevard; THENCE South 88° 37' 53" East along the South right of way line of East Southlake Boulevard for a distance of 210.26 feet to the POINT OF BEGINNING and CONTAINING 0.7439 ACRES OF LAND more or less. Revised Janua 25, 2008 ~E•.t~F TF r'Y ,`P.~G~siF9,,,~. Prepared from surveys made on the ground in November, 2005. y: ~' ~ ~0'~:`9u, ..AAA 10. 90TRE~:. f.~ <9 9 rv.~.. ~~j° yo~ss~o~yo David Petree SuRVti ~~1~4~4711~ Registered Professional Land Surveyor No. 1890 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: 02/1112008 01:29 PM #: D208047114 WD 6 PGS $32.00 D208047114 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