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Southlake Town Square (Blocks 6, 7,8), 1999 - Special Warranty DeedOFFICW. RECORD SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF TARRANT § The Fechtel Group, a Texas general partnership (the "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) cash money and other good and valuable consideration paid to Grantor by the Grantee herein named, the receipt of which is hereby acknowledged, does hereby GRANT, SELL AND CONVEY unto The City of Southlake, a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code (the "Grantee"), whose address is 1725 E. Southlake Blvd., Southlake, Texas 76092, Tarrant County, Texas, the property (the "Property") situated in Tarrant County, Texas described as Blocks 6, 7 and 8 as shown on Final Plat -Phase 1 of Southlake Town Square, filed for record on March 19, 1999, under Cabinet A, Slide 4893 in the records of Tarrant County, Texas, together with all right, title and interest of Grantor in and to all buildings and improvements situated on the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances belonging in any way to the Property, to Grantee, its successors and assigns forever; and Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person lawfully claiming or to claim by, through or under Grantor, but not otherwise, the same or any part thereof. The conveyance of this Special Warranty Deed is subject to any and all matters of record. EXECUTED on December ~, 1999. The Fechtel Group,a Texas general partnership By: Alicia Marie Fechtel, general partner By: •~~~ ~ Charles J eph Fechtel, general partner By: ames Milton Fechtel, general partner By: ~ John Randolph Fechtel, g era partner , By: / Marg ite Fechtel Tavera, general partner By: Mary uise Logan, genera rtner ,.. ~'~ % (F(1E wtu~ :~,r,~,r ~ r:i , (( ~- I`~ l ~ (n,tlll.i~IPJ ` `~j i~,t;fiF~J~L nlPvly Il~q~ ~ t, C.t_~UIJTY (LF.fik; ~~ 1 City of Southlake STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the ~1-1-~ay ofDecember,1999, by Alicia Marie Fechtel, general partner of The Fechtel Group, a Texas general partnership, on behalf of said partnership. .,•~•`~. DENISE 1. CARING ~~iflt/z~~J ~~~~~ ~. '~. Notary Public Notary Public, State of Texas v State of Texas T~ ~' ` °~ ``' Comm. Expires 12-30-2000 Printed Name: I lC7V ~ S E S Chi t'l~0 My Commission Expires: la --30 ~o^l~`~ STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the ~~~"ciay of December, 1999, by Charles Joseph Fechtel, general partner of The Fechtel Group, a Texas general partnership, on behalf of said partnership. •~ •~ OENNSo~J. ~ RING Notary Public, State of Texas i(~ rb \~i State of Texas Printed Name: (~~1 IS'C ~• C ~ ~ ~ ~ `~~" Comm. Ex fires 12-30-2000 My Commission Expires: l a- ~-a.~7~ STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on they '"day of December, 1999, by James Milton Fechtel, general partner of The Fechtel Group, a Texas general partnership, on behalf of said partnership. nl~ , ,~Y .~~ DENISE J. CARING ~- Notary Public Notary Public, State of Texas ~<~~ State of Texas Printed Name: QC~' S c ~ • C r4'Z t !lJ C~ o ~~ Comm. Expires 12-30-2000 .._...._. - . -- My Commission Expires: I o~1 ~ 3U' a~~ STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the ~ --~-~iay of December, 1999, by John Randolph Fechtel, general partner of The Fechtel Group, a Texas general partnership, on behalf of said partnership. - r ~^~ DENISE J. CARING r•~^~`' Notary Public ~~: State of Texas ' ~ ~` °~'` Comm. Ex fires 12-30-2000 1 1 ~if11 ~sz J ~ ~ Notary Public, State of Texas Printed Name: (~>/ N ~ S~ T- C ~2r rJ ~ My Commission Expires: (a `'~C~ --~~ ~y ~ f RUE h,f rr~ r ~RiIF~: i C, ii'1' Of-~ [~ ~ '~n~~ ~_.~ ~/rilC~ifV,~l HI_i:Glill 1 II_L~D Ifa 'c ~~ ~~'~ ' i iigfJf l )IIi'J't TLY..SS~ ~~ ;:. - -_ -- _ - ... ... .. ..i :.I~ City of Southlake STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the I ~~~"ay of December, 1999, by Marguerite Fechtel Tavera, general partner of The Fechtel Group, a Texas general partnership, on behalf of said partnership. .'.~--:.. DENISE 1. CARINO ~R "' Notary Public w~~!''~,r State of Texas `er `` Comm. Ex fires 12-30-2000 STATE OF TEXAS § COUNTY OF TARRANT § ~O./l rt_sL ~ ~ CQ Notary Public, State of Texas Printed Name: ~a~yt~ 7•C -~ ~tiC] My Commission Expires: (a _~_ a Q~ This instrument was acknowledged before me on the I W-~lay of December, 1999, by Mary Louise Logan, general partner of The Fechtel Group, a Texas general partnership, on behalf of said partnership. _ (J~,~ ~J ~ t~~ '~~ ~`"~~~. DENISE J. CARI~:o~ Notary Public, State of Texas ~``~R'+yl` Notary Public .~ NI S'' t'~ t~ t'~; >~~ State of Texas Printed Name. ~ ~ t-- TC r rv U ,~~ ~~'~`' Comm. Expires 12-',0-2000 _._,._-,._. ~_~_...~ My Commission Expires: Imo' -~ - a After Recording Please Return To: Tabb & Associates 8333 Douglas Avenue, Suite 1250 Dallas, Texas 75225 C:\MyFiles-JJ\Southlake\General\Deeds\Special Warranty Deed.cl l ~ i ~ ~~ V~ ~`td ~ ~ ~ i ~ +f 1 ~ ~ ~ l.,Y. ter. 1, ' ~^,, c;r;urdrv :- , - ~ c-eiiK _. _ ~- ;~ 3 D199318544 TABB & ASSOCIATES 8333 DOUGLAS AVE # 1250 DALLAS TX 75225 -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 Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: RICHARD M KILGORE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 200089728 DR96 I 12/30/1999 10:32 INSTRUMENT FEECD INDEXED TIME 1 D199318544 WD 19991230 10:32 CK 1904 2 O1 COPIES CC C O P I E S T O T A L., ;...._.DOGUMENTS : O 1 F E E S: 21.00 B Y: 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. c--- . ~ - h ~~ yr( LlJ1 'L;" ~~'/ -~~',I`r~t~ :~ _. 1'd~rte ~ ~ ~~~f ~ ~/ „ ~ ~n U,17t;ESS my ha;tl and s l~ i exas. ~ eaI Gf GfFGe u FG~',Ir^ L`i, JEXaS ifii5 ~ ~ -_._daycf ~Z• ~~~. itd,! Nci';DESSD+y,CDUP,ITYCLE~K a~y ^ eo~rrr, Deputy ~-~(~ ~Z A al Cj f~-l~~-~ R-r'~- ~' ~'~~ o ~: `f R4 8'~ ~~'~~~~~~ ~~~~-RL WARRANTY DEED (CORRECTION) ~. •,, ~~J ,,.,: Date: ~ 2`~ 20D7j ~;~~~ . .._ :,;,, ,,r -- This deed is made in place of and to correct a deed from Grantor to Grantee, dated - December 14, 1999, and recorded in Volume 14159, Page 24 in the Real Property Records of Tarrant County, Texas, as Instrument No. D199318544. By mistake that deed omitted certain property interests to be conveyed to Grantee The City of Southlake, Texas, and omitted Grantor's affiliate in the habendum clause. This correction deed is made by Grantor and accepted by Grantee to correct such mistakes, is effective on December 14, 1999, and in all other respects confirms the former deed. Grantor: The Fechtel Group, a Texas general partnership Grantor's Mailing Address (including county): Attn: Frank Bliss ` 1256 Main Street, Suite 240 Southlake, Tarrant County, TX 76092 Grantee: The City of Southlake, Texas Grantee's Mailing Address (including county): 1725 E. Southlake Blvd. Southlake, Tarrant and Denton Counties, Texas 76092 Consideration: Ten Dollars ($10.00) and other good and valuable consideration. Property (including any improvements): Blocks 6, 7 and 8 of the Southlake Town Square Addition to the City of Southlake, Tarrant County, Texas, Phase 1, as filed for record on March 19, 1999, under Cabinet A, Slide -r~i~, •i• Elie iwui ~ ivYvi ~y iw~vi u~ vi iallallt ~.vuiliy, 1GA0.J, 2liiu d11 Ul 1J1 a11iU1'~J Ilgl.ll, tl[.lU, ana interest, if any, in and to all easements, tenements, hereditaments, privileges, buildings, and appurtenances in any way belonging to the foregoing (collectively, the "Appurtenances") (all such land and Appurtenances being herein collectively called the "Property"). Grantor, for the Consideration and subject to the Permitted Exceptions (as defined below), GRANTS, SELLS, and CONVEYS to Grantee the Property. For the same Consideration recited above, Grantor hereby further BARGAINS, SELLS AND TRANSFERS without warranty, express or implied, all interest, if any, of Grantor in (i) any land to the midpoint of the bed of any public highway, public street, public road or public avenue, open or correctedpagel .doc Special Warranty Deed (Correction) ~ S proposed, in front of, abutting or adjoining such land, (ii) any land lying in or under the bed of any creek stream, bayou, or river running through, abutting, or adjacent to such land, (iii) any riparian, appropriative, or other water rights of Grantor appurtenant to such land and relating to surface or subsurface waters, (iv) any strips or gores abutting, abounding, or which are adjacent or contiguous to such land, and (v) all public easements, public rights of way, public rights of ingress or egress, and reversionary interests benefitting such land. This conveyance is made and accepted subject and subordinate to (i) those matters of record set forth on Exhibit "A" attached hereto and incorporated herein by this reference, and (ii) all zoning, building, and other laws, regulations and ordinances of any and all municipal, governmental bodies having jurisdiction over the Property or any part thereof (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together and with all and singular rights and appurtenances thereto in anywise belonging, subject to the Permitted Exceptions as aforesaid, unto Grantee, its successors and assigns forever; Grantor and Grantor's affiliate Southlake Venture West L. P., a Texas limited partnership ("SVWLP"), do hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Permitted Exceptions as aforesaid, unto Grantee, its successors, and assigns; provided, however, with respect to Block 6 comprising the Property, Grantor's and SVWLP's warranty only applies when the claim is by, through or under Grantor and/or SVWLP, as the case may be, but not otherwise (i.e., while Grantor's and SVWLP's warranty with respect to Blocks 7 and 8 comprising the Property is a general warranty, Grantor's and SVWLP's warranty with respect to Block 6 comprising the Property is a special warranty). SVWLP's warranties as set forth in this paragraph shall be evidenced by its signature below. When the context requires singular nouns and pronouns include the plural. GRANTOR: THE FECHTEL GROUP, a Texas general partnership J; ~~ ~. Alicia Marie Fechtel, general partner y Charles Joseph echtel, general partner By: ~ai`ries Milton Fechtel, general partner SWD.doc 2 p/j~-- Special Warranty Deed (Correction) 0 By: ~-~!~ hn Randolph Fechtel, general partner Margue .` e Fechtel Tavera, general partner By. ~ ~-~---- Mary L se Logan, general pa The undersigned is not a grantor but joins in this Deed for purposes of making the warranties set forth above: SOUTHLAKE VENTURE WEST L.P., a Texas limited partnership By: Rialto Southlake West, L.P. a Texas limited partnership, its General Partner By: CS Southlake, LLC, a Texas limited liability company, its General Partner By; ,, ~~~~n~ Brian R. Stebbins, President swD.aoe 3 Special Warranty Deed (Correction) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Alicia Marie Fechtel, general partner of The Fechtel Group, known to me to be the person whose name is subscribed to the foregoing instrument [or proven to me on the oath of or through (description of identity card or other document)] and affirmed she executed the above and foregoing for the purposes therein expressed and with full authority to so act. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the f?'day of 2003. f''°""'".~_.'. ao~~"°~®c~, ~+ANISRA K. WUFFfV`eAN Piotary Peabtic ~ •„ /-"'~ ~*~ ~tiF~:^f,` . ,.... State og Texas ~::amm. Expires 07-i)2-2006 . » ,. ~.p.MO..~ r Notary Public in and fort ate of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Charles Joseph Fechtel, general partner of The Fechtel Group, known to me to be the person whose name is subscribed to the foregoing instrument [or proven to me on the oath of or through (description of identity card or other document)] and affirmed he executed the above and foregoing for the purposes therein expressed and with full authority to so act. ~ ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ day of ~[~~ 2003. ~<~`Y°`~, ~ENISEJ.FCARI 0 ~.~ Notary Public ~9~d State of Texas of Comm. Expires 07.02•tOQ6 Notary Public in and for the State of Texas swD.aoe Special Warranty Deed (Conection) 4 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared James Milton Fechtel, general partner of The Fechtel Group, known to me to be the person whose name is subscribed to the foregoing instrument [or proven to me on the oath of or through (description of identity card or other document)] and affirmed he executed the above and foregoing for the purposes therein expressed and with full authority to so act. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ~~~~ 2003. o.+~"=~~ SAPdvi~A K. ~-#',3~`r`s~'iAs'l t~o~ary~ Pu~Ei~ ~„ ~ `tat€~ ~g Texas 'rFOFt~+ Comm. Expires G7-L~2-2~0~ .,..~.~.....~..„.w, Notary Public in and for tate of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared John Randolph Fechtel, general partner of The Fechtel Group, known to me to be the person whose name is subscribed to the foregoing instrument [or proven to me on the oath of or through (description of identity card or other document)] and affirmed he executed the above and foregoing for the purposes therein expressed and with full authority to so act. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ d y of ~~ .2003. .~.M ~,~~"p~ DENISE J. CARINO u~(•~r1' ~lotary Pubtic ~//~~~ State of Texas q ''~~~+ ~:omm. Expires 07-02-2005 Notary Public in and for the State of Texas swD.aoe Special Warranty Deed (Correction) 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Marguerite Fechtel Tavera , general partner of The Fechtel Group, known to me to be the person whose name is subscribed to the foregoing instrument [or proven to me on the oath of or through (description of identity card or other document)] and affirmed she executed the above and foregoing for the purposes therein expressed and with full authority to so act. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this theme JSfday of 2003. ~'~°~ki~ K. HUF~NlAN `-:~~ar~~ Public '.ae~ t2f Texas =,~or.zs ~l7-J2-2006 STATE OF TEXAS § COUNTY OF TARRANT § s Notary Public in and for the St f Texas BEFORE ME, the undersigned authority, on this day personally appeared Mary Louise Logan Fechtel, general partner of The Fechtel Group, known to me to be the person whose name is subscribed to the foregoing instrument [or proven to me on the oath of or through (description of identity card or other document)] and affirmed she executed the above and foregoing for the purposes therein expressed and with full authority to so act. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of _r (/ 2003. " a SANnF2A K. NU~rfdiA~`~.~~,~ ~ .~~~~ E}lofary Pt~bEtc °~ ~taLE: Of TeXaS ~'" ~~ ~~ \~ ~%% ,"o ~^~m. Ex tres C'7•t92-2pr~G 3 swD.aoc Special Warranty Deed (Correction) Notary Public in and for State of Texas 6 ~~ STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Brian R. Stebbins, president of CS Southlake, LLC, the general partner of Rialto Southlake West, L.P., the general partner of Southlake Venture West L.P., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument [or proven to me on the oath of or through (description of identity card or other document)] and affirmed he executed the above and foregoing on behalf of such limited liability company and limited partnerships for the purposes therein expressed and with full authority to so act. GIVEN UNDER MY HAND AIv'D SEAL OF OFFICE, this the ~ / day of ~~_ 2003. ~~P~°~~°~""~"'°°""~ Notary Public in and for the State of Texas ~~-~~~ ~JEIrISE .9~ CARINO `notary Public m State of Texas ~~'~~~+~ Comm. Explr~s 07.02-2005 swD.aoe 7 Special Warranty Deed (Correction) EXHIBIT "A" 1. Easements as shown on plat recorded in Cabinet A, Slide 4892, Deed Records of Tarrant County, Texas. (Block 8) 2. An undivided one-fourth (1/4) interest in all oil, gas, and other minerals as reserved in deed recorded in Volume 2091, Page 608, Deed Records of Tarrant County, Texas, together with all rights, express or implied in and to the property arising out of or connected with said interest, including rights to the use of the surface. ss112~ l G~ Special Warranty Deed (Correction) t a a! e D203224966 THE CITY OF SOUTHLAKE 1725 E SOUTHLAKE BLVD 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 Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: RATTIKIN TITLE CO RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 203392448 DR8F TB 06/24/2003 16:06 INSTRUMENT FEECD INDEXED TIME RECVD 1 D203224966 WD 20030624 16:06 CK 19527 T O T A L DOCUMENTS: Ol F E E S: 23.00 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.