U.P Martin Survey, Abstract No. 1015 and J.B. Martin Survey, Abstract No. 1134 (Lot 4), 1999 - Donation Deed
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T.:xas D.:partm.:nt of Transportation
Form D.l~.141 (Partial Taking)
Pag.: 1 of4 R.:v, 12/92
4002-1-3
SH 114
Parcel 3
DONATION DEED
Controlled Access Highway Facility
THE STATE OF TEXAS
COUNTY OF TARRANT
..
WHEREAS, the Texas Transportation Commission has been authorized under House Bill 179, Acts of the 55th
Legislature. Regular Session. 1957 (Article 6674w-l, et seq" Vernon's Annotated Civil Statutes of Texas) to
purchase land and such other property rights deemed necessary for tlle purpose of facilitating the construction,
maintenance and operation of Controlled Access Highways; and,
WHEREAS, the purchase of the hereinafter-described premises has been deemed necessary by the Texas
Transportation Commission for the purpose of facilitating the construction, maintenance and operation of a
Controlled Access Highway facility;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
111a1. Maguire Partners - Solana Holdings, L. P., A Texas Limited Partnershill of tlle County of
Tarrant. State of Texas, hereinafter referred to as Grantors. whether one or more. for and in consideration of the sum
of One Dollar ($ 1.00 ) to Grantors, in hand paid by the City of South lake, receipt of which is hereby
acknowledged. and for which no lien is retained, eitller express or implied, have this day Sold and by these presents
do Grant. Bargain. Sell and Convey unto The Cit)' of Southlake all that certain tract or parcel of land lying and
being situated in the County of Tarrant, State of Texas, more particularly described in Exhibit ;'A," which is attached
hereto and incorporated herein for any and all purpose, subject to any and all encumbrances affecting such property
that are reflected in the public records or on that certain survey dated August 4, 1999, prepared by Landes &
Associates, Inc.,
Title to tlle following improvements located on the property described in said Exhibit "A," to wit: NONE. However
if Grantor fails to remove the above described improvements from said land by the _ day of . 1999,
subject. however, to such extensions of time as may be granted by the State in writing, then, without any furtller
consideration. the title to all or any part of s].lch improvements not so removed shall pass to and vest in the Cit). of
Southlake forever.
Grantors reserve all of oiL gas and sulphur in and under the land herein conveyed but waive all rights if ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same: however, notlung
in this reservation shall affect the title and rights 'of the State to take and use all other minerals and materials therein
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and thereunder. -< (/l ,>
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TXDOT Deed -rvlP Parcel 3 page 1 re\' 8-10
l:.X 1-11011 A
T arrant County
SH 114
From: Tarrant/Denton Co. Line
To: 0.65 Mi. East of Dove Road
Page I 01'2
Parcel 3
0353-02-052
8002-1
August 1999
PROPERTY DESCRIPTION
I It t d In the U P Martin Survey,
5.505 acres of land of which 0.227 of on acre s s ua e ore sit~Qt~d in . the J. B. ..
Abstract No. 1015. Tarrant County, Texas and ~.27~ acres and bein~ that some certain
Martin Survey. Abstract No. 1134. Tarrant Coun y. exas, Holdln 8 L P.. a
Tract. 4 Parl 1 and Porl 2 conveyed to Maguire Partners-so~an~ 10. D~ed R~cords of
Texas limited Partner8hi~ os recorded inf vlolumed b !387:~d'vi~~ally'descrlbe~ by' ~tes
Tarrant County, Texas. Bald 5.505 acres 0 on eang . .
and bounds 09 follows:
227 f in the U. P. Martin Surve..y, Abstract No. 1015
Parl , - o. 0 on acre ~
o T aluminum cop monument found at the southeast corner of the
~~~;~~~~I~~e~ ~~~t'~'a~d the northeast corner of alract of . land described tnddee~
to Ben D. Parks and T. C. Mossey, recorded In Vol~ 5523. Page 78~. Oeed Recorsr1
Tarront County. Texo~1 soid monument also being .nthe proposed new northeo'~e Y
R.O.W. I ine of State Highway No. 114;
THENCE Norlh 89 degrees 33 minutes ~4 seconds West, along the northerlYd Ilint~ or s~!d
Park~ and Ma~~ey tract a distance or 31.69 feel to 0 5/8 Inch Iron ro W 11 PI In 0: ~~
cop stamped .Carter & Burgess. found In the existing northeasterly R.O.W.
said Highway No. 114 and the southwesterly line of aald 0.227 of an cere:
THENCE North 36 degrees 30 mInutes 26 seconds West, along lhe common. line of sold
existing R.O.W. and the southwesterly line or the aforementioned Parl 1. a distance
of 227.75 feet to a 5/B inch iron rod found; . '.
THENCE North 53 degrees 29 minutes 34 seconds East. continuing a~ong said common
line. 0 dislance of'6.00 'eel to 0 5/8 inch iron rod found:
THENCE North 36 degrees 30 minules 26 seconds West, contInuing along sold common
line. 0 distance of 460.22 feel to 0 1/2 inch Iron rod with plastic cop atamped
"Landes & Assoc.. se t (here i narter 0 I J iron rods ae t ere morktJd..t.he some);
THENCE North 32 degrees 30 minutes 26 seconds West. continuing along said common
line. 0 distance of 132.10 feet to a 1/2 inch iron rod .aet:
THENCE North 18 degrees 58 minutes 58 seconcb West, cont Inuing along said I ine~ '. 0
distance of 2.56 feet to 0 TX.D.O.T. aluminum cop monument found In the
aforementioned proposed new northeas'terly R.O.W. line of State Highway No. 114. aoid
monument also being in the northeasterly line or said Port 1;
THENCE South 36 degrees 29 minutes 20 .seconds East. along.the common line of said
proposed R.O.W. and the northeasterly Ij~e or said Part 1. a distance of 702.98 feet
to 0 TXD.O.T. aluminum cap monument found:
T~ENCE Sou~h 42 degrees ,17 minutes 17 seconds East, continuing along said common
line, a distance of 142.59 feet to the PLACE OF BEGINNING and containing 0.227 or on
acre of land.. .
Port 2 - 5.278 acres In the J. B. Martin Survey Abstract No. 1134
BEGINNING ot 0 TX.O.O.T. aluminum cop monument found at the. northeast' corner of lhe
aforementioned Parl 2 and the northeast corner of 0 tract of land described In deed
to Ben D. Parks and T. C. Massey, recorded In Volume 5523. Page 786. Deed Records of
Tarrant County. Texas. said monument also being in the proposedne. northeasterly
R.O.W. I ine of State Highway No. 114;
EXHIBiT A
Tarrant County
THENCE South 42 degrees 17 minutes
Port 2 and said proposed R.O.W.
aluminum cop monument found;
THENCE continuing along said common I ine. the following courses and distances:
South 36 degrees 32 minutes 06 seconds East, 0 distonce of 199.81 feet to 0 5/8
inch iron rod with plastic cop stomped -Huitt-Zollar- found;
17 seconds EastJ
line. 0 distance
Page 201'2
Parcel 3
along the common line of aaid
of 58.59 feet to 0 lX.D.O.T.
inch
14' minutes 45 seconds Easl. o dislance of 200.56 feet to a lX.D.O.T.
South 32 degrees
aluminum cop monument found:
South 36 degrees 32 minutes 25 seconds East. o dislance of 500. 17 feet to o lX.D.O.l.
aluminum cop monument found:
South 47 degrees 44 minutes 22 seconds East. o distance of 101 . 98 feet to o lX.D.O.T.
aluminum cop monument found;
..
South 36 degrees 33 minutes 05 seconds East, o distance of 355.75 feet to a lX.D.O.l.
aluminum cop monument found:
South 31 degrees 57 minutes 20 seconds East, o distance of 741.43 feet to 0 5/8 inch
iron rod found;
South 23 degrees 48 minutes 13 8eco~ds East. o distance of 912.83 feel to a lX.D.O.T.
aluminum cop monument found;
South 89 degrees 24 minutea 34 seconds East. 0 distance of 1~3.00 feet to 0 5/8 inch
iron rod with plastic cop stomped -Huitt-Zollor- found:
South 78 degrees 05 minutes 58 seconds East. 0 distance of 254.95 feet lo 0 TX.D.O.T.
aluminum cop monument found:
South 89 de9rees 24 minutes 34 seconds East. 0 distance of 250.00 feel to 0 5/8 inch
iron rod with cop stomped -Huitt-ZoJlor- found;
South 00 degrees 35 minutes 27 seconds West. 0 distance of 29.37 feet to 0 TX.D.O.T.
aluminum cop monument found in the .xlstlng R.O.W. JJne of Dove Rood at the southeast
corner of the aforesaid Port 2: "
THENCE leaving said proposed R.O.W. line, North 89 degrees 40 minute, 11 seconds
West. along lhe exIsting R.O.W. J Ine of sold Dove Road. a distance of 717.70 feet to
o Texas Highway Department concrete monument found dt 0 corner cJip.ln the existing
nodhea~t~rly R.O.W. I ine of ~he aforesaid Highway No. 114; '.
THENCE North 54 degrees 36 minutea 30 seconds West. along sold existing R.O.W., a
distance of 122.~1 reet ,to 0 Texas.Highway Deportment concrete rnor'!ument' found;
THENCE North 19 degrees :27 minutes 17 seconds West continuing aJong sold existing
R.O.W. line. 0 distance of 860.5~ feet to a Texas Highway Department concrete
monument round at the beginning of 0 curve to the Jeft with a radius of 2401.83 feet
and whose long chord bears North 27 degrees 59 minutes 13 second. West. 0 dl.tone. or
714.38 feet: .
THENCE along soid curve with said R.O.W. line in 0 counterclockwise
through 0 cenlral angle or 17 degrees 06 minutes 18 secondl. and arc
717,04 feet to 0 Texas Highway Department concrete monument. round at. the
curve;
d lrectlon.
dist.ance of
end of aald
THENCE North 36 degrees 32 minutes 14 seconds West. along aaid curve with said R.O.W.
line. a distance of 1383.90 feel to 0 5/8 inch Iron rod with plastic cop stamped
"Coder & Burldess- found at the most westerly southwest corner or said POl"'t :2 and the
southeast corner of the aforementioned Parks and Mossey Tract;
HENCE North 00 degrees 12 minules 37 seconds West. along the eost line of sold Parks
and Yassey Tract. a distance of 50.84 feet to the PLACE or BEGINNING and containing
5.278 acres of land. .
Texas Department of Transportation
Fonn 0-15-12 (partial Taking)
Page 2 of ~ Rev. 12192
Parcel 3
0353-03-052
State Highway 114
Grantors hereby acknowledge that their use of and access to the expressway lanes to be
constructed in conjunction with the highway facility of which the land hereby
conveyed shall become a part, shall be and forever remain subject to the same
regulation by legally constituted authority as applies to the public's use thereof; and
Grantors further acknowledge that the design and..operation of such highway facility as
a Controlled Access Highway require that access" from Grantors' remaining property to
said highway facility shall be governed henceforth as indicated in Paragraphs (A)
and/or (B) herein below; and all abutter's rights of ingress and egress and the right of
direct access to and from Grantors' remaining property to said Controlled Access
Highway facility, which have accrued or might otherwise accrue to Grantors, their
heirs, successors or assigns are hereby waived, released and relinquished insofar as
they appertain to Paragraph (B) herein below:
(A) Access to and from Grantors' remaining property will be permitted:
Part 1 - Not be permitted
Part 2-Access to the Northerly Remainder abutting highway facility will be
permitted between the end of the 14th call and the end of the 18th call of the
foregoing field note description of Parcel 3, Part 2.
(B) Access to and from Grantors' remaining property will be denied:
Part 1- Access will be denied.
Part 2- Access will be denied between the beginning of the 7th call, and the
end of the 14th call of the foregoing field note description of Parcel 3, Part 2.
...
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T~xas O~partmel1t ofTransportatioll
Form 0-15-12 (Partial Taking) R
Pag~ 3 of 4 R~v 12/92
ACKNOWLEDGMENT
THE STATE OF TEXAS
County Of Tarrant
This instlU1l1ent was acknowledged before me on ~ tL S -r ~I q '1 cr by
JGm ~\ E!..rJ; SeI\JlO"v"- \9.. P Ofj'\\1~~,(,~ PCiA.~ SC'S f JJJe-, ,
a (to... \ rfcrr I-J ( CA... corporation, on behalf of said corporation, ,1\J rh:, C'~-:--..a..s
~e-N~ ~~ cf- r<\ll:::JtJ..i..'('~ ~~-~l~'~~, , a )~~
r I M \1€-& l~""i' 0 t6 kehal-f- ,~'
{:t~1} ~~~~~SI:~;'~~S
......;:~~:?~:~~t.i. April 30, 2000
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My Commission expires:
TXDOT Deed Partial- page 2 rev
Texas Dcpaltmenl orTnnsportalion
Form 0..15-141 (Partial Taking)
Pase 4 of 4 Rev. 12\92
After recording please return this instrument to:
THE CITY OF SOUTHLAKE
ATTN: CITY SECRETARY
1725 E. Southlake Blvd.
Southlake, TX 76092
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D199245123
CITY OF SOUTHLAKE
CITY SECRETARY
1725 E SOUTHLAKE BLD
SOUTHLAKE TX 76092
..
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
I N D E XED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
OFF I C I A L R E C E I P T
T 0: FIDELITY NATIONAL TITLE AGCY
RECEIPT NO
199411865
REGISTER
DR93
RECD-BY
N C
PRINTED DATE TIME
09/29/1999 07:57
1
INSTRUMENT FEECD
D199245123 WD
INDEXED TIME
19990929 07:57
CK 5478
TOT A L
DOCUMENTS: 01
FEE S:
19.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE REN7AL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.