Item 4K CITY OF
SOUTH LAKE Item 4K
MEMORANDUM
(October 17, 2017)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Adopt Ordinance No. 1184, to abandon a 116,090 square foot
temporary construction easement in Keller as recorded in
document no. D204093631 of the deed records of Tarrant
County, TX associated with the construction of The City's
Caylor Supply Line from City of Fort Worth.
Action
Requested: Adopt Ordinance No. 1184, to abandon a 116,090 square foot
temporary construction easement in Keller as recorded in
document no. D204093631 of the deed records of Tarrant County,
TX associated with the construction of The City's Caylor Supply
Line from City of Fort Worth.
Background
Information: The purpose of this item is to adopt an ordinance to abandon a
temporary construction easement located in the City of Keller. Mr.
Tom Matthews is currently working on a new development of a
property on the east side of U.S. 377, south of Mount Gilead Road
on which this easement is located and has requested that the City
abandon said easement.
The temporary construction easement was needed to construct the
42" Caylor water supply line from the City of Fort Worth which we
share with the City of Keller. This line was installed and has been
in service since 2007 therefore the temporary construction
easement is no longer needed. The City will retain the 25'
permanent water line easement necessary for any future
maintenance and repair of our 42" water line.
Financial
Considerations: There are no financial considerations for this item.
Strategic Link: The abandonment of this temporary construction easement links to
the City's strategy map relative to focus area of Infrastructure. The
specific corporate objective that is met by this abandonment is to
Item 4K
(134) Provide high quality services through sustainable business
practices.
Citizen Input/
Board Review: N/A
Legal Review: The ordnance has been rev reviewed and approved by the City
Attorney.
Alternatives: The Council can adopt the ordinance to abandon the temporary
construction easement or deny it.
Supporting
Documents: Location Map
Ordinance
Staff
Recommendation: Adopt Ordinance No. 1184, to abandon a 116,090 square foot
temporary construction easement in Keller as recorded in
document no. D204093631 of the deed records of Tarrant County,
TX associated with the construction of The City's Caylor Supply
Line from City of Fort Worth.
Staff Contact: Rob Cohen, Director of Public Works
Kyle D. Hogue, P.E., Deputy Director/City Engineer
Page 2 of 2
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CITY OF SOUTHLAKE ORDINANCE NO. 1184
AN ORDINANCE VACATING AND ABANDONING A TEMPORARY
CONSTRUCTION EASEMENT PREVIOUSLY GRANTED TO THE CITY
BY RICHARD AND JO ANNE GIBSON, WHICH TEMPORARY
CONSTRUCTION EASEMENT IS REFERENCED IN THE EXHIBIT TO
THE PERMANENT WATERLINE EASEMENT GRANTED TO THE CITY
AND FILED OF RECORD AS DOCUMENT 204093631 IN THE REAL
PROPERTY RECORDS OF TARRANT COUNTY; DECLARING THAT
SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED
RELEASING AND ASSIGNING THIS EASEMENT TO THE OWNERS OF
THE FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("the City") is a home rule city acting
under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, on or about March 5, 2004, Richard and Jo Anne Gibson executed
a Warranty Deed conveying a Permanent Waterline Easement to the City; and
WHEREAS, the deed referenced above was filed of record as document
204093631 in the real property records of Tarrant County, a copy of which is attached
to this ordinance as Exhibit 1 ; and
WHEREAS, while the deed referenced above does not purport to convey a
temporary construction easement, Exhibit B to the deed does indicate the presence of
a temporary construction easement adjacent and parallel to the permanent waterline
easement; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the temporary construction easement is not being
used by, nor useful or convenient to the public in general, and that the public and the
owner of the fee estate would be better served and benefited by the City vacating and
abandoning its interest, if any, in the temporary construction easement referenced
above, while retaining all rights and interests in the permanent waterline easement
granted in the deed referenced above; and
WHEREAS, in order to remove any question as to the continued interest
in the easement, the City desires to execute a quitclaim deed releasing, abandoning
and assigning the title and control of the City, if any, in the temporary construction
easement referenced in Exhibit B to the deed referenced above to the current owner of
the fee estate on which the easement is located, while retaining all rights and interests
in the permanent waterline easement granted in the deed referenced above;
1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
The City Council finds that the temporary construction easement referenced in
Exhibit B to the deed attached as Exhibit 1 to this ordinance is not being used by, nor
useful or convenient to the public in general and that the public and the owner of the
fee estate would be better served and benefited by the vacation and abandonment of
the City's interest, if any, in the temporary construction easement by the filing of a
quitclaim deed. A copy of the quitclaim deed to be signed is attached hereto as Exhibit
A, and a depiction and/or description of the temporary construction easement to be
vacated and abandoned is attached thereto as Exhibit B.
SECTION 2
The City Council also finds that the permanent waterline easement conveyed to
the City through the Warranty Deed executed on or about March 5, 2004 by Richard
and Jo Anne Gibson which is attached as Exhibit 1 to this ordinance, which deed was
filed of record as document 204093631 in the real property records of Tarrant County,
and which permanent waterline easement is also depicted on Exhibit B to that deed, is
still being used by, and is useful and necessary to the public, and should not be
vacated or abandoned, is not being vacated or abandoned, and is instead to be fully
preserved and continued.
SECTION 3
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute the quitclaim attached as Exhibit A to this ordinance abandoning and
vacating only the City's interest, if any, in the temporary construction easement
referenced above to the current owner of the fee estate of the real property on which
the easement is located, specifically,
SECTION 4
After the quitclaim is executed, the City Secretary is authorized and instructed to
file it in the real property records of Tarrant County, Texas.
SECTION 5
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have
2
been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6
This Ordinance shall be in full force and effect from and its passage, and it so
ordained.
PASSED AND APPROVED ON FIRST READING ON THE
DAY OF
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
CAROL BORGES, CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THE
DAY OF
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
CAROL BORGES, CITY SECRETARY
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
3
EXHIBIT `A'
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.
QUITCLAIM ABANDONING ANY INTEREST IN
TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
The City Council of the City of Southlake, County of Tarrant, State of Texas,
after careful study and consideration, has determined that on or about March 5, 2004,
Richard and Jo Anne Gibson executed a Warranty Deed conveying a Permanent
Waterline Easement to the City; which deed was filed of record as document
204093631 in the real property records of Tarrant County. That deed did not purport to
convey a temporary construction easement, but Exhibit B to the deed did indicate the
presence of a temporary construction easement adjacent and parallel to the permanent
waterline easement. The City Council of the City of Southlake has now determined that
the temporary construction easement is not being used by, nor useful or convenient to
the public in general, and that the public and the owner of the fee estate would be
better served and benefited by vacating and abandoning its interest, if any, in the
temporary construction easement. However, the permanent waterline easement
conveyed in the above described Warranty Deed, which is also depicted on
Exhibit B to that deed, is still being used by the City, is useful and necessary to
the public, should not be vacated or abandoned, but is instead to be fully
preserved and continued.
In accordance with governing law, the undersigned has been authorized to
execute this quitclaim by Ordinance No. passed by the City
Council of the City of Southlake on , a copy of which
ordinance is attached hereto as Exhibit A and incorporated herein by reference.
Therefore, for and in consideration of the above findings and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the City of Southlake, Grantor, does hereby assign and convey and forever quitclaim
unto the current owner of the fee estate on which such easement is located,
specifically, , and its successors or assigns, all of the
City's right title, and interest, if any, in and to the temporary construction easement
which is also described and/or depicted in the attached Exhibit A. However, the
permanent waterline easement conveyed in the above described Warranty Deed,
which is also depicted on the attached Exhibit B, and is still being used by the
Quitclaim of TCE; Ord. No. , DRTCT Vol. , Pg.
City, is useful and necessary to the public. Therefore, the permanent waterline
easement also depicted on the attached Exhibit B is to be fully preserved and
continued, and is expressly excluded from and is not part of any property subject
to this quitclaim.
This deed shall convey any right, title and interest, if any, owned by Grantor in
and to the above described property unto the said Grantee, so that Grantee, and its
heirs and assigns, shall have and hold such property conveyed, if any, forever, and so
that neither Grantor nor Grantor's successors or assigns shall have, claim or demand
any right or title to the aforesaid property, premises or appurtenances or any part
thereof.
Executed this the day of ' 2017.
CITY OF SOUTHLAKE
By:
The Honorable Laura Hill, Mayor
ATTEST:
Carol Borges, City Secretary
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
Before me, the undersigned authority, on this day personally appeared Laura Hill,
Mayor of the City of Southlake, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2017.
Notary Public in and for the State of Texas
My Commission expires:
Quitclaim of TCE; Ord. No. , DRTCT Vol. , Pg.
After filing please return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
Quitclaim of TCE; Ord. No. DRTCT Vol. , Pg.
EXHIBIT
EASEMENT ABANDONMENT
116,090 SQUARE FEET
SITUATED IN THE R.ALLEN SURVEY,
ABSTRACT NO. 29
CITY OF KELLER,TARRANT COUNTY, TEXAS
BEING a 116,090 square foot tract of land situated in the R. Allen Survey,Abstract Number 29, City of Keller,Tarrant
County,Texas,being a portion of that same tract of land described to Richard J. Gibson by deed recorded in Volume 6080,
Page 45 of the Deed Records of Tarrant County,Texas,being called a Temporary Construction Easement shown graphically
in 25 foot Permanent Water Line Easement described to the City of Southlake recorded in Document No. D204093631 of the
Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows (Bearings and
distances are based on the State Plane Coordinate System,Texas North Central Zone (4202)North American Datum of 1983
(NAD 83)(US Foot)with a combined scale factor of 1.00012):
COMMENCING at a TXDOT Monument found for the Northwest corner of said Gibson tract, same being the Southwest
corner of a tract of land described as "Tract 1"to Christ Alone Evangelical Lutheran Church by deed recorded in Document
No. D216144258 of the Deed Records of Tarrant County,Texas, and lying on the East right-of-way line of N. Main Street
(Denton Highway) (variable width right-of-way);
THENCE South 05 Degrees 30 Minutes 24 Seconds East,with the East right-of-way line of said N. Main Street, and with the
West line of said Gibson tract, a distance of 25.10 feet to the Southwest corner of said Permanent Water Line Easement, same
being the Northwest corner and POINT OF BEGINNING of the herein described tract;
THENCE departing the East right-of-way line of said N. Main Street,over, across and through said Gibson tract, and with
the South line of said Permanent Water Line Easement,the following courses and distances:
North 89 Degrees 37 Minutes 16 Seconds East, a distance of 1140.70 feet to a point for corner;
South 85 Degrees 17 Minutes 37 Seconds East, a distance of 587.06 feet to a point for corner;
North 87 Degrees 45 Minutes 18 Seconds East, a distance of 660.25 feet to a point for corner;
THENCE South 06 Degrees 47 Minutes 41 Seconds East,continuing through said Gibson tract, a distance of 37.44 feet to a
point for a Northeast corner of the herein described tract and lying on the East line of said Gibson tract and on the
northernmost West line of a tract of land described to The John M. &Ida C. Perrigo Trust by deed recorded in Document No.
D214156521 of the Deed Records of Tarrant County,Texas;
THENCE South 00 Degrees 49 Minutes 30 Seconds West,with the East line of said Gibson tract and the northernmost West
line of said The John M. & Ida C. Perrigo Trust tract, a distance of 12.70 feet to a point for the Southeast corner of the herein
described tract;
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FIRM REGISTRATION NO.10194331 1 WINDROSESERVICES.COM
Page 1.14 DRAWN BY:E.R. DATE:09/26/2017 JOB NO.:C1708329-2B
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EXHIBIT
EASEMENT ABANDONMENT
116,090 SQUARE FEET
SITUATED IN THE R.ALLEN SURVEY,
ABSTRACT NO. 29
CITY OF KELLER, TARRANT COUNTY,TEXAS
THENCE departing the northernmost West line of said The John M. &Ida C. Perrigo Trust tract,over, across and through
said Gibson tract,the following courses and distances:
South 87 Degrees 45 Minutes 18 Seconds West, a distance of 665.5 8 feet to a point for corner;
North 85 Degrees 17 Minutes 37 Seconds West, a distance of 587.88 feet to a point for corner;
South 89 Degrees 37 Minutes 16 Seconds West, a distance of 357.27 feet to a point for corner;
North 02 Degrees 07 Minutes 12 Seconds West, a distance of 19.76 feet to a point for corner;
South 88 Degrees 12 Minutes 21 Seconds West, a distance of 90.10 feet to a point for corner;
South 02 Degrees 07 Minutes 13 Seconds East, a distance of 17.53 feet to a point for corner;
South 89 Degrees 37 Minutes 16 Seconds West, a distance of 392.88 feet to a point for corner;
North 00 Degrees 50 Minutes 53 Seconds West, a distance of 32.21 feet to a point for corner;
South 89 Degrees 41 Minutes 35 Seconds West, a distance of 51.43 feet to a point for corner;
South 00 Degrees 59 Minutes 16 Seconds East, a distance of 32.28 feet to a point for corner;
THENCE South 89 Degrees 37 Minutes 16 Seconds West,continuing through said Gibson tract, a distance of 242.35 feet to
a point for the Southwest corner of the herein described tract,lying on the West line of said Gibson tract and on the East
right-of-way line of said N. Main Street;
THENCE North 05 Degrees 30 Minutes 24 Seconds West,with the East right-of-way line of said N. Main Street, a distance
of 50.21 feet to the POINT OF BEGINNING and containing 116,090 square feet or 2.665 acres of land,more or less.
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EXHIBIT "1 "
ALAMO TITLE COMPANY
JD�3� CITY OF SOUTHLAKE
PERMENANT WATER LINE EASEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That , Richard Gibson and wife, Jo Anne Gibson , 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 facilities in, into, upon, over, across, under and through all that
land in Tarrant County, Texas described in:
Exhibit "A" and"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 GRANTOWs 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 Water Line 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 Water Line 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.
1
*ACS/TRC* TARRANT Doc: 000093631 Date: 03/30/2004 Vol: 0000000 Page: 00000 Page: 1 Of 9
IN WITNESS WHERE F, this instrument is executed this day of
r
R' and ibson
o Anne Gibson
ACKNOWLEDGEMENT
STATE OF TEXAS §.
COUNTY OF TARRANT §
BEFORE ME, the de ig d u horiry in an sai County, Texas, on this day
personally appeared a-60 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.
GIVE UNDER
�Y HAND AND SEAL OF OFFICE, this the day of
LAVONNEKEITH
Notary Public in and for * ST�OFTEXAS
The State of Texas
Oa+�,Ep,03/31/04
My Commission Expires:
Typed or Printed Name of Notary
CERTIFICATE OF ACCEPTANCE
2
*ACS/TRC* TARRANT Doc: 000093631 Date: 03/30/2004 Vol: 0000000 Page: 00000 Page: 2 Of 9
This is to certify that the interest and real property conveyed by this dedication
instrument dated the
�, day of � �� 2004, from
pi��J � to the City of Svuthiake, 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: -3_->3-oq_- - --
Mayor, City of Southlake
�6yae9ur+tyae�+
ATTEST: .1 ti
- /// ///777 � Q� •
City Secretary r.r"r••••
AFTER FILING, PLEASE RETURN TO:
RETURN TO: of Sout
CITY OF SOUTHLAKE
OFFICE OF THE CITY SECRETARl�'ra r
1400 MAIN STREET, SUITE 2701400 treet, Suite 320
SOUTH LAKE.TEXAS 75092
Sout as 75092
P . 817- 342
817-481-2
3
*ACS/TRC* TARRANT Doc: 000093631 Date: 03/30/2004 Vol: 0000000 Page: 00000 Page: 3 Of 9
EXHIBIT "A" PARCEL 7
LEGAL DESCRIPTION 2002-UW--X00-TC
PERMANENT WATERLINE EASEMENT
BEING a 25 foot wide strip of land located in the R. F. ALLEN SURVEY, i
Abstract No. 29, Keller, Tarrant County, Texas, and crossing the Tract of
land conveyed to Richard J. Gibson by the deed recorded in Volume 6080,
Page 45 of the Deed Records of Tarrant County, .Texas. Said 25 foot wade
strip of land being more particularly described by metes and bounds, as
follows :
BEGINNING at a 1/2" iron rod found, in the.East right-of-way line of U. S.
Highway No. 377, lying at the Northwest corner of said Richard J.
Gibson Tract;
THENCE along the North boundary line of said Richard J. Gibson Tract,
as follows:
1. N 890 34 ' 07" E 1166 . 62 feet, to a point at the Southwest
corner of Lot 6, Valley Ridge, an addition to the City 'of
Keller, Tarrant County, Texas according to the' plat recorded in
Volume 388--42, Page 41 of the Plat Records of Tarrant County,
Texas;
2 . S 840 57 ' 56" E 587. 15 feet, to a point at the Southeast
corner of Lot 3 , of said Valley Ridge Addition, lying at the
Southwest corner of Lot 7, Block 1, Oakridge Estates, an
addition to the City of Keller, :Tarrant County; Texas according
to the plat recorded; in Volume 388-141, Page 45 of the Plat
Records of Tarrant County, Texas;
3 . N 870 32 ' 11" E 663 . 94 feet, to a 1/2" iron rod found, at.
the Southeast corner of Lot 6, Block 3 of said Oakridge Estates
Addition, being the Northeast corner of said Richard J. Gibson
Tract;
THENCE S 000 05 ' 3211 W 62 .,01 feet, along the East boundary line of
said Gibson Tract, to a point
THENCE N 070 311 42" W 37.49 feet, to a point;
THENCE along a line 25 feet South of and parallel to the North
boundary line of said Gibson Tract, as follows :
1 . S 8711 32 ' 11" W 659 .49 feet, to a point;
2 . N 840 57 ' 56" W 587 . 60 feet, to a point;
3 . S 890 34 ' 07" W 1163 .44 feet, to a point in the West boundary
line of said Gibson Tract, being the East right-of-way line of
aforesaid U.S. Highway No. 377;
THENCE NORTHWESTERLY 25 . 08 feet, along the East right-of-way
line of said U. S . Highway No. 377, with a curve to the right having
a radius of 3 , 759 . 83 feet, a central angle of 000 22 ' 5611 , and a
chord bearing N 040 58 ' 58" W 25 .08 feet, to THE PLACE OF
BEGINNING, containing 1 .389 acre (60, 509 square feet) of land.
*ACS/TRC* TARRANT Doc: 000093631 Date: 03/30/2004 Vol: 0000000 Page: 00000 Page: 4 Of 9
E)CRW-T r rB r r BRS'1'TAIN & CRAWFORD
PERMANENT WATERLINE EASEMENT LAND SURVEYING Id
TOPOGRAPHIC APPING
TEMPORARY CONSTRUCTION EASEMENT (1171 9@E-0[II -METRO 4G9--511t
P.D. BOX 11374 w'3908 SOUT)1 FREEWAY
PAGE1 OF 4 FCR?.ORTH. 'M>W 78 1 IO
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*ACS/TRC* TARRANT Doc: 000093631 Date: 03/30/2004 Vol: 0000000 Page: 00000 Page: 5 Of 9
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*ACS/TRC* TARRANT Doc: 000093631 Date: 03/30/2004 Vol: 0000000 Page: 00000 Page: 6 Of 9
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*ACS/TRC* TARRANT Doc: 000093631 Date: 03/30/2004 Vol: 0000000 Page: 00000 Page: 7 Of 9
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F I 1 JAMES L. 6RITTAIti
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*ACS/TRC* TARRANT Doc: 000093631 Date: 03/30/2004 Vol: 0000000 Page: 00000 Page: 8 Of 9
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CITY OF SOUTHLAKE
CITY SECRETARY'S OFFICE
1400 MAIN ST#270
SOUTHLAKE TX 76092
Submitter: ALAMO(TRIN-WESTERN)TITLE CO. -001 ZALAM
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: 0313012004 03:40 PM
Document No.: D204093631
WD 9 PGS $28.00
By:
1111111 Ill!11111 Illi!Illll Illll IIIA VIII 11111 VIII Illi 1111
D204093631
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.
*ACS/TRC* TARRANT Doc: 000093631 Date: 03/30/2004 Vol: 0000000 Page: 00000 Page: 9 Of 9