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West Beach Addition, Bob Jones Park (Lots 31, 21, Block 21, Lots 49, 50, 51, 52, Block 22), 1999 - Warranty Deed with Vendor's Lein FF~I]~OO, GFfF 22117166, Ti'NTjSJC 4311 W A.ii.~TY DEED WITH VENDC_~JS LIEN 02459 Dille: March 31, 1999 Grantor: MARILYN SHUMAKER TUCKER 032834 Grantor's Mailing Address (including county): 31A BOB JONES ROAD, SOUTHLAKE, TX 75092, TARRANT COUNTY Grantee: THE CITY OF SOUTHLAKE Grantee's Mailing Address (including county): 1725 E. SOUTHLAKE BLVD., SOUTHLAKE, TX 76092, TARRANT COUNTY Consideration: TEN AND NO/100 DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED; AND THE FURTHER CONSIDERATION OF THE EXECUTION AND DELIVERY BY THE GRANTEE HEREIN OF THEIR ONE CERTAIN PROMISSORY NOTE OF EVEN DATE HEREWITH IN THE ORIGINAL PRINCIPAL SUM OF $1,989,712.50, PAYABLE TO THE ORDER OF MARILYN TUCKER, AS THEREIN PROVIDED, AND BEARING INTEREST AT THE RATE THEREIN SPECIFIED AND CONTAINING THE USUAL CLAUSES FOR ACCELERATION OF MATURITY IN THE EVENT OF DEFAULT AND FOR ATTORNEY'S FEES; SAID NOTE BEING SECURED BY THE VENDOR'S LIEN HEREIN RETAINED AND FURTHER SECURED BY A DEED OF TRUST OF EVEN DATE HEREWITH EXECUTED BY GRANTEE TO CHARLES C. GUMM, III, TRUSTEE. Property (including any improvements): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 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. Grantor, for the consideration .. .." subject to the reservations from and excepti~ . 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 hereby 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 warranty. The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this deed shall become absolute. When the context requires, singular nouns and pronouns include the plural. 43 II 02460 ;o/(J'+vf~~ (Acknowledgment) ST ATE OF TEXAS County of TARRANT This instrument was acknowledged before me on the 31 by MARILYN SHUMAKER TUCKER SANDY CROSS Notary Puhlic, State ofTexa~ My Commission Expires November 04, 2002 , 19 99 .@ '~'-~lIn~ """'\\'~~~~""'of. "..~~.. "!~'1. illi:" \~'i \ :" /..} ~"JO;'~~~4 111",n;I\" t , State of Texas CROSS AFTER RECORDING RETURN TO: THE CITY OF SOUTHLAKE 1725 E. SOUTHLAKE BLVD. SOUTHLAKE, TX 76092 PREPARED IN THE OFFICES OF: Fidelity National Title 1723 E. Southlake Blvd., #100 South1ake, TX 76092 --. '-.J...... -'-' ....-,..uu 431 , 02Q951f3 P004/009 GF No.: 221171-X-0066 EXHIBIT "A" Being 60.8825 acres of land in the Reis D. Price Survey, Abstract No.1 003, The M. Mahaffey Survey, Abstract No. 916, and The H.A. Throop Survey, Abstract No. 1273, said 60.8825 acres of land embracing all of that 20.00 C1cre tract of land conveyed to W.E. Tucker and wife, Marilyn Tucker as recorded in Volume 659, Page 484, Deed Records of Denton County, Texas; all of i!!I 30.00 acre tract of land conveyed to W.E. Tucker and wife, Marilyn Tucker as recorded in V olums 621, Page 644, Deed Records of Denton County, Texas; lots 31 and 32, Block 21 , and lots 49, 50, 51 and 52, Block 22 ofthe West Beach Addition as recorded in Volume 3090, Page 304, Deed Records of Denton County, Texas; all of Tract 2, a 4.274 acre tract of land conveyed to Marilyn Tucker as recorded in VOlume 1130, Page 141, Deed Records of Denton County, Texas; all of lots 18 through 30, Block 21, portions Of Lots 1 through 17, Block 21, all of Lot 48, Block 22. and 8 portion of lot 47. Block 22 of West Beach Addition as conveyed to Marilyn Tucker as recorded in Volume 4021. Page 610, Deed Records of Denton County. Tex8Si said 60.8825 acres of land being more particularly described by metes and bounds as follows: Beginning at a 3/8 inch iron rod found for the Northeast corner of the M. Mahaffey Survey, Abstract No. 916, said iron rod also being the most Northerly Northeast corner of said 20.00 acre tract; said iron rod being in Medlin Road/Walnut Drive; Thence South 00 degrees 02 minutes 40 seconds West. 289,71 feet with the West line of Lot 1, Block 1 of Oakwood Estates, Phase II as recorded in Cabinet I. Page 397, Plat Records of Denton County, Texas. to a 1/2 inch iron rod fOund for the Southwest corner of said Lot 1, Block 1; Thence South 88 degrees 33 minutes 50 seconds East. 1845.27 feet along the South line of said Block 1, to a 1/2 inch iron rod found in the South line of lot 18, Block 1 of said Oakwood Estates for the most Easterly Northeast corner of said 20.00 acre tract; Thence South 00 degrees 03 minutes 54 seconds East, 217.46 feet along the East line of said 20.00 acre tract to the common Westerly corner of a tract of hmd conveyed to Michael Edward Nolan and Wife, Elizabeth l. Nolan as recorded io Volume 756, Page 308, Deed Records of Denton County, Texas, and a tract of land conveyed to Ola F. Fredrick as recorded in County Clerk's File No. 95-R025169, Deed Records of Denton County, Texas; Thence South 00 degrees 06 minutes 41 seconds West, 20'.28 feet along the West line of said Fredrick Tract to a 1/2 inch iron rod found for the Southwest corner of said Fredrick Tract; Thence South 00 degrees 08 minutes 47 seconds West, 410.90 feet to a 1-1/2 inch iron pipe found at the common Westerly comer of a tract of land conveyed to Carl a. Fretwell as recorded in VOlume 2204, P~ge 155. Deed Records of Denton County, Texas and a tract of land conveyed to Carl a. Fretwell as recorded in Volume 1137, Page 749. Deed Records of Denton County, Texas; Thence South 00 degrees 01 minutes 22 seconds East, 414.86 feet along the West line of said Fretwell Tract {Volume 1137, Page 749, Deed Records of Denton County, Texas) to a 1/2 inch iron rod set near a fence post at the Southeast comer of said Tucker's 30.00 acre tract; Thence North 87 degrees 24 minutes 00 seconds West. 176.60 feet along a South nne of said 30.00 acre tract to a Corp$ of Engineers concrete monument with brass cap stClmped 0-46; Thence North 25 degrees 36 minutes 10 seconds West, 812.79 feet continuing along a Southerly line of said 30.00 acre tract to II Corps Of Engineers concrete monument (no cap); Thence South 89 degrees 49 minutes 55 seconds West. 169.70 feet continuing "IQng said So.utherlv line to a Corps of Engineers concrete mOnl,.lMt;lnt with brass cap 8teomped 0-44; 2 4 ~ II 0246~.123 P005/009 GF No.: 221171-X-0066 Thence South 01 degree 30 minutes 30 seconds West, 733.8'7 feet along an Easterly line of said 30.00 acre tract to a Corps of l:ngineers concrete monument with brass cap; Thence North 86 degrees 57 minutes 09 seconds West, 795.91 feet along a Southerly line of said 30.00 acre tract of land to a 1 inch iron rod found at the Northeast corner of the aforementioned 4.274 acre Tucker tract; Thence South 00 degrees 08 minutes 47 seconds East, 534.83 feet along the East line of said 4.274 acre tract to a 1/2 inch iron rod found at the Southeast corner of said 4.274 acre tract; Thence North 88 degrees 43 minutes 43 seconds West, 349.44 feet along the South line of said 4.274 acre tract to a 1/2 inch iron rod found at the Southwest corner of said 4.274 acre tract and the Northwest corner of a 5.803 acre tract of land conveyed to the City of Southlake, Texas as recorded in VOlume 4021, Page 606, Deed Records of Denton County, Texas, said iron rod also being the Southeast corner of a 6.902 acre tract of land conveyed to Marilyn Tucker as recorded in Volume 4021. Page 610, Deed Records of Denton County, Texas; Thence North 61 degrees 38 minutes 46 seconds West, 332.22 feet along the South line of said 6.092 acre tract to a 1/2 inch iron rod found for the Southwest corner: Thence North 00 degrees 20 minutes 22 seconds East, 908.62 feet along the West line of said 6.092 acre tract to a 1/2 inch iron rod found for the Northwest corner of said 6.092 acre tract, said iron rod also being in the North line of Lot 47, BlOCk 22 of said West Beach Addition, an Addition recorded in Volume 395, Page 587, Deed Records, Denton County, Texas, said iron also being in the South line of a tract of land conveyed to Leo C. Young, Jr. as recorded in Volume 1258, Page 916, Deed Records of Denton County, Texas; Thence South 89 degrees 29 minutes 12 seconds East, 158.37 feet to a 5/8 inch iron rod found for the most Southerly Northwest corner of said Tuckers 30.00 acre tract, said iron rod also being the Southeast corner of said Young tract: Thence North 00 degrees 35 minutes 16 seconds cast, at 963.92 feet pass a 5/8 inch iron rod fOund in the West line of said 20.00 aere tract. continuing for a total distance of 996.43 feet to a BOd nail found for the Northwest corner of said 20.00 acre tract said iron also being the Northeast corner of said Young tract and also being in the South line of Medlin Road; Thence South a8 degrees 42 minutes 59 seconds East, 134.42 feet along the South line of Medlin Road to the Point of Beginning and containing 60.8825 acres of land, more or less. NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE AND/OR SOUARE FOOTAGE CALCULATIONS ARE CORRECT". 3 4 ~ I: I 02~65 ANY PROVISION HEREIN WHICH RESTRICTS WF SNJ'. nnTTAL on U<E 0;: THE DESCRIBED hEAL PROPEf.tPP~~G'\':_"_': c" ~'"'( C'R C'1=l F-lAr.r IS INVALID AND UNENFO}GMBL..f UNOER FED,t:'qA'. . .~w THE STATE OF TeXAS COUNTY OF DENTON I Mreby ,~rtify Iht:lt thlelnGtrument walt FII..fO In ,~'j" I'lUO".')tcf sequenc:e on the date and It1rhne Ittlnlped hel'lOlll;1v rne; an :1.!f~ r~;;'C,JROEO. in lhf' Offill,]1 Pub",) Renom. of Al131l'rl')r"fIrty p' Ollnton ( ::;II~!-i. lex08 Oil .l\PQ n 6 1~~~ (~ /tdcUJ. COUNTY CLERK DENTON COUNTY. TEXAS Filed for Record in: DENTON COUNTY TX CYNTHIA MITCH~LL, COUNTY CLEI~l< On (Wr 06 1999 nt 2:58pm Doc/Num 99-R0032834 Doc/Type : WD Recor~ing: 11.00 ~Dc/~gmt : 6.~0 ReceIpt <<: 13629 Deputy - FRANCHESKA ;/OL l+ 5 2:3 PG I Fer; 6 GF#221171-X-66 FNT/CCG RELEASE OF LIEN STATE OF TEXAS ~ ~ ~ 01,;';:459 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS THAT the undersigned, of the County of WISE, State of TEXAS, the legal and equitable owner and holder of one certain promissory note in the original principal sum of $1,989,712.50, dated March 31, 1999, executed by THE CITY OF SOUTHLAKE, payable to the order of MARILYN SHUMAKER TUCKER, more fully described in a Deed of Trust, duly recorded u.nder Clerk's File No- 99--R0032835, Deed Records of DENTON County, Texas; said note being secured by said Deed of Trust against the following property, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. For and in consideration of the full and final paYment of all indebtedness secured by the aforesaid lien, assignment or security interest, the receipt and saffictency of which is hereby acknowledged, the undersigned does hereby fully release and discharge the above-described property from any and all liens, assignments of interest or security interests held by the undersigned securing such indebtednesfi' .~ ~ /;;; I day of If 2-P'7, ~~~~~,:;;;~ EXECUTED this , 2000. Marilyn Shumaker Tucker ACKNOWLEDGMENT STATE OF COUNTY OF day TEXAS~ TARRANT~ was acknowledged before me on this the ~/~ , 2000, by Marilyn Shumaker Tucker. KIM L. BUSH Notary Public STATE OF TEXAS My Comm Exp 07/13/2002 ~ UBLIC, STATE PRINTED NAME: "--"._'~""'(:~~,::f..:'m My Commission expires: AFTER RECORDING RETURN TO: FIDELITY ~IATIOE1'-L 'I'I'I'I_:S AGE~JC'!, INC_ 1723 E. SOUTHLAKE BLVD. SUITE 100 SOUTHLAKE TEXAS 76092 RELl 'JOL t. 5 2 3 'PG I G r:; 7 GF No. 221171-X-0066 Policy No. 27-34-93-07855 cm EXHIBIT "A" Being 60.8825 acres of land in the Reis D. Price Survey, Abstract No.1 003, The M. Mahaffey Survey, Abstract No. 916, and The H.A. Throop Survey, Abstract No. 1273, said 60.8825 acres of land embracing all of that 20.00 acre tract of land conveyed to W.E. Tucker and wife, Marilyn Tucker as recorded in Volume ~59, Page 484, Deed Records of Denton County, Texas; all of a 30.00 acre tract of land conveyed to W.E. Tucker and wife, Marilyn Tucker as recorded in Volume 621, Page 644, Deed Records of Denton County, Texas; Lots 31 and 32, Block 21, and Lots 49, 50,51 and 52, Block 22 of the West Beach Addition as recorded in Volume 3090, Page 304, Deed Records of Denton County, Texas; all of Tract 2, a 4.274 acre tract of land conveyed to Marilyn Tucker as recorded in Volume 1130, Page 141, Deed Records of Denton County, Texas; all of Lots 18 through 30, Block 21, portions of Lots 1 through 17, Block 21, all of Lot 48, Block 22, and a portion of Lot 47, Block 22 of West Beach Addition as conveyed to Marilyn Tucker as recorded in Volume 4021, Page 610, Deed Records of Denton County, Texas; said 60.8825 acres of land being more particularly described by metes and bound::; as follows: Beginning at a 3/8 inch iron rod found for the Northeast corner of the M. Mahaffey Survey, Abstract No. 916, said iron rod also being the most Northerly Northeast corner of said 20,00 acre tract; said iron rod being in Medlin Road/Walnut Drive; Thence South 00 degrees 02 minutes 40 seconds West, 289.71 feet with the West line of Lot 1, Block 1 of Oakwood Estates, Phase II as recorded in Cabinet I, Page 397, Plat Records of Denton County, Texas, to a 1/2 inch iron rod found for the Southwest corner of said Lot 1, Block 1; Thence South 88 degrees 33 minute:, 50 seconds East, 1845.27 feet along the South line of said Block 1, to a 1/2 inch iron rod foJnd in the South line of Lot 18, Block 1 of said Oakwood Estates for the most Easterly Northeast corner of said 20.00 acre tract; Thence South 00 degrees 03 minutes 54 seconds East, 217.46 feet along the East line of said 20.00 acre tract to the common Westerly corner of a tract of land conveyed to Michael Edward Nolan ami wife, Elizabeth L. Nolan as recorded in Voiume 756, Page 308, Deed Records of Denton County, Texas, and a tract of land conveyed to Ola F. Fredrick as recorded in County Clerk's File No. 95-R025169, Deed Records of Denton County, Texas; Thence South 00 degrees 06 minutes 41 seconds West, 201.28 feet along the West line of said Fredrick Tract to a1 /2 inch iron rud Ifound for tt'le Southwest corner of said Fredrick Tmct; Thence South 00 degrees 08 minutes 47 seconds West, 410.90 feet to a 1-1/2 inch iron pipe found at the common Westerly cor!":Jr of a tract of land conveyed to Carl Q. Fretwell as recorded in Volume 2204, Page 155, Deed Records of Denton County, Texas and a tract of land conveyed to Carl Q. Fretwell as :ecorded in Volume 1137, Page 749, Deed Records of Denton County, Texas; Thence South 00 degrees 01 minutes 2 seconds East, 414.86 feet along th'e West line of said Fretwell Tract (Volume 1137, Page 74S Deed Records of'oenton County, Texas) to a 1/2 inch iron rod set near a fence post at the S, theast corner of said Tucker's 30.00 acre tract; Thence North 87 degrees 24 minutes 00 seconds West, 176.60 feet along a South line of said FORM T.': Re.idenlial Owne, Policy 01 Titl. Insuranc. l 5'~ f) (~ VOL r '. c.. ,j I'r I (; r~ 8- }p ~ 0 v GF No. 221171-X-0066 Policy No. 27-34-93-07855 cm 30.00 acre tract to a Corps of Engineers ~oncrete monument with brass cap stamped 0-46; I Thence North 25 degrees 36 minutes 10 seconds West, 812.79 feet continuing along a Southerly line of said 30.00 acre tract to a Corps of Engineers concrete monument (no cap); Thence South 8S degrees 49 minutes 55 seconds West, 169.70 feet continuing along said Southerly line to () Corps of Engineers concrete monument with brass cap stamped 0-44; Thence South 01 degree 30 minutes 30 seconds West, 733.87 feet along an Easterly line of said 30.00 acre tract to a Corps of Engineers concrete monument with brass cap; \ Thence North 86 degrees 57 minutes 09 seconds West, 795.91 feet along a Southerly line of said 30.00 acre tract of land to a 1 inch iron rod found at the Northeast corner of the aforementioned 4.274 acre Tucker tract; Thence South 00 degrees 08 minutes 47 seconds East, 534.83 feet along the East line of said 4.274 acre tract to a 1/2 inch iron rod found at the Southeast corner of said 4.274 acre tract; Thence North 88 degrees 43 minutes 43 seconds West, 349.44 feet along the South line of said 4.274 acre tract to a 1/2 inch iron rod found at the Southwest corner of said 4.274 acre tract and the Nor~hwest corner of a 5.803 acre tract of land conveyed to the City of Southlake, Texas as recorded in Volume 4021, Page 606, Deed Records of Denton County, Texas, said iron rod also being the Southeast corner of a 6.902 acre tract of land conveyed to Marilyn Tucker as recorded in Volume 4021, Page 610, Deed Records of Denton County, Texas; Thence North 61 degrees 38 minutes 46 seconds West, 332.22 feet along the South line of said 6.092 acre tract to a 1/2 inch iron rod found for the Southwest corner; Thence North 00 degrees 20 minutes 22 seconds East, 908.62 feet along the West line of said 6.092 acre tract to a 1/2 inch iron rod found for the Northwest corner of said 6.092 acre tract, said iron rod also being in the North line of Lot 47, Block 22 of said West Beach Addition, an Addition recorded in Volume 395, Page 587, Deed Records, Denton County, Texas, said iron also being in the South line of a tract of land conveyed to Leo C. Young, Jr. as recorded in Volume 1258, Page 916, Deed Records of Denton County, Texas; Thence South 89 degrees 29 minutes 12 seconds East, 158.37 feet to a 5/8 inch iron rod found for the most Southerly Northwest corner of said Tuckers 30.00 acre tract, said iron rod also being the Southeast corner of. said Young tract; Thence North 00 degrees 35 minutes 16 seconds. East, at 963.92 feet pass a 5/8 inch iron rod found in the West line of said 20.00 acre tract, continuing for a total distance of 996.43 feet. to a 60d nail found for the Northwest corner of said 20.00 acre tract, said iron also being the Northeast corner of said Young tract and also being in the South line of Medlin Road; Thence South 88 degrees 42 minutes 59 seconds East, 134.42 feet along the South line of Medlin Road to t!le Point of Beginning and containing 60.8825 acres of land, more or less. ~JOTE: THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. FORM T.': Residential Owner Policy ot Title In:auranca