W.R. Eaves, Abstract No. 500 (Lots 2 and 3), 1998 - Special Warranty Deed`~9
FF$ 13.00, GF~~ 1742316 FNT/SJC
SPECIAL WARRANTY DELil
Date: December 02 , 1998
Grantor: WOODBRIAR MANAGEMENT , LTD .
Grantor's Mailing Address (including county): 5125 DAVIS BLVD. , FORT WORTH, TX 76180, TARRANT
COUNTY
Grantee: THE CITY OF SOUTHLAKE
Grantee's Mailing Address (including county): 1725 E . SOUTHLAKE BLVD . , SOUTHLAKE , TX 76092 ,
TARRANT COUNTY _
Consideration: _.
CASH AND OTHER VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HERIrBY AC~NOWLEDG~b
AND CONFESSED; ~ -~ -
. ,,,
_c -
-~
-------------------------DEED IN LIEU OF CONDEMNATION---------~---------Z~~,- - ~'
,.a
"AS IS, WHERE IS" '
BUYER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT BUYER HAS!OR WILL H~ij~1E,:
PRIOR TO THE CLOSING DATE PROVIDED IN THE CONTRACT, THOROUGHL~i' INSPECTED ANA'
EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY BUYER IN ORDER TO ENABLE
BUYER TO EVALUATE THE PURCHASE OF THE SUBJECT PROPERTY. BUYER HEREBY FURTHER
ACKNOWLEDGES AND AGREES THAT BUYER IS RELYING SOLELY UPON THE INSPECTIONS,
EXAMINATION AND EVALUATION OF THE PROPERTY BY BUYER AND THAT BUYER IS PURCHASING
THE PROPERTY ON AN "AS IS", "WHERE IS", AND "WITH ALL FAULTS" BASIS, WITHOUT
REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR
NATURE FROM SELLER OR SELLER'S AGENTS. BUYER FURTHER ACKNOWLEDGES AND AGREES
THAT SELLER DOES NOT LIMIT THE WARRANTIES OF TITLE AS REQUIRED HEREIN FOR THE
EXECUTION OF DEED AT THE TIME OF CLOSING. THE EXPRESS INTENTION OF BUYER AND
SELLER IS THAT BUYER SHALL PURCHASE THE PROPERTY FROM SELLER WITHOUT ANY
REPRESENTATIONS, WARRANTIES OR OTHER COVENANTS, EXPRESS OR IMPLIED, FROM OR OF
SELLER AND THEIR AGENTS. BUYER HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND
PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION T0, ANY
REPRESENTATIONS, WARRANTIES AND COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY
HAVE BEEN MADE OR GIVEN OR WHICH MAY BY DEEMED TO HAVE BEEN MADE OR GIVEN, BY
SELLER OR ITS AGENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER
HEREBY FURTHER ACKNOWLEDGES AND AGREES THAT WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THE TRANSACTION CONTEMPLATED
HEREBY, AS ARE ANY WARRANTIES ARISING FROM A COURSE OR DEALING OR USAGE OF
TRADE, AND THAT SELLER HAS NOT WARRANTED, AND DOES NOT HEREBY WARRANT, THAT THE
PropertEE nATa gCanHED pPoAGTE n2), FOR CONTINiTATION )
BEING LOTS 2 AND 3 OF W.R. EAVES N0. 500 ADDITION, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN
CABINET A, SLIDE 2833, PLAT RECORDS, TARRANT COUNTY, TEXAS.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whether of record or
not; all presently recorded instruments, other than liens and conveyances,
that affect the property; taxes for 1998, the payment of which Grantee
assumes.
ESCROW N0: 17423166
(OC~TI'II~OATIUN) PAGE 2
PROPERTY OR THE PROJECT NOW OR IN THE FUTURE WILL MEET OR COMPLY WITH THE
REQUIREMENTS OF ANY SAFETY CODE OR REGULATION OF THE CITY OF SOUTHLAKE, COUNTY
OF TARRANT, OR THE STATE OF TEXAS, OR ANY OTHER AUTHORITY OR JURISDICTION.
BUYER ACKNOWLEDGES THAT IT WILL, PRIOR TO CLOSING, ACQUIRE ITS OWN ENGINEERING,
ENVIRONMENTAL, STRUCTURAL AND MECHANICAL STUDIES OF THE SUBJECT PROPERTY AND
WILL HAVE ACCEPTED SAME AS WRITTEN PRIOR TO CLOSING.
Grantor, for the consideration` mid subject to the reservations from and excepti~us to conveyance and warranty, grants,
sells,. and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever.
Grantor binds Grantor and Grantor's heirs, executers, administrators, and successors 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, except as to the reservations from and
exceptions 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.
WOOh~RIAR MANAGEMENTf'ii'TD.
'' ~.~ 1~.~~--'`
ALAN W. HAMM, PRESIDENT OF:WOODBRIAR
CAPITAL PROPERTIES MANAGEMENT COMPANY,
LLC, GENERAL PARTNE$~~j~---
(Partnership Acknowledgement)
STATE OF TEXAS
County of TARRANT
This instrument was acknowledged before me on the 02 day of Dec
by ALAN W . HAMM - - - /
PRESIDENT, WOODBRIAR CAPITAL PROPERTIES MANAGEMENT COMPANY' LLCL
,1998
partner , on behalf of WOODBRIAR ~4~~,~, L~
1~PY P~~. SANDY CROSS
o . .;s
-•,~ '•"8 Nnrary Public, Stare of Texas
';'~~ ~r°,r` ~Y Comrnissian $xpires
-;En;,;,~~ Nov®mber 04, 2002
AFTER RECORDING RETURN TO:
THE CITY OF SOUTHLAKE
1725 E. SOUTHLAKE BLVD.
SOUTHLAKE, TX 76092
Notary name printed: SANDY CRO
My Commission expires:
PREPARED IN THE OFFICES OF:
Fidelity National Title
1723 E. Southlake Blvd., ~~100
Southlake, TX 76092
D198282690
~" 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
~t
N O T D E S T R O Y
I N D E X E D -- TAR RAN 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: FIDELITY NATIONAL TITLE AGCY
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
199071532 DR96 T025417 12/04/98 12:56
INSTRUMENT FEECD INDEXED TIME
1 D198282690 WD 981204 12:56 CK 3505
T O T A L DOCUMENTS: Ol F E E S: 15.00
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.