A-1134 (Maguire)
0))~r/l r/ ~~ ~bl?Jfo
I T ~xas D~partll1~nt 011 ransportallon
ForIl1D-15.31 (!\lod)R
Page I of3 Re\', 12/92
(;/ft( /C( 'q
4002-1-3
SH 114
Parcel 3E
DONATION
DRAINAGE EASEMENT FOR HIGHWAY PURPOSE
THE STATE OF TEXAS }
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COUNTY OF TARRANT }
KNOW ALL MEN BY THESE PRESENTS:
That, the City of Southlal<e of the County of Tarrant, State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the s}lITI of One Dollar ($1.00) to Grantors in
hand paid by the State of Texas, receipt of which is hereby:acknowledged, and for which no lien is
retained. either expressed or implied, have this day Donated and by these presents Grant, Give and Convey
unto the State of Texas an easement in, along, upon and across the property which is situated in the County
of Tarrant, State of Texas, which is more particularly described in Exhibit "An, which is attached hereto
,md incorporated herein for ,my and all purposes, subject to any and all encumbrances affecting such
propert} that are reflected in the public records or that would be reflected on a survey on the ground
performed in accordance with all Texas Land Title Survey Requirements and American Land Title
Association Survey Requirements,
This easement conveyed herein is for the sole purpose of opening, constructing and maintauung a
permanent channelor drainage easement in, along, upon and across said premises described in Exhibit "A" .
together with the right and privilege at all times of the Grantee herein, its agents, employees and
representatives of ingress and egress to and from said premises for the purpose of making any'
improvements, modifications or repairs which the State deems necessary.
And for the same consideration described above and upon the same conditions, the Grantors have this day
granted and conveyed and by these presents do grant and convey unto the State of Texas any and all
improvcments prcsently existing upon the property described in said Exhibit "An, SAVE AND EXCEPT;
HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following
improvements located on tlle aforesaid property, to wit: NONE, However, if Grantor fails to remove the;
above-,describe,d improvements from said Innd by t~le -----:-7' day of;---, 19_, subject. ~owev.etf!o Sl!S!l ':~
e:-.:tenslons of tune as may be granted by the State In WrItIng; and If, for any reason, Gran\ors fml 0(1., refose" '.:>'
to remove same withi~ said period of time prescribed, then, without any ~urther conside~~tion, @~tle 19:: --n
all or any part of such Improvements not so removed shall pass to and vest In tlle State ofTixas fo~y.~r. "c ')_
As.a part o~ the grant hereby made it is agreed between 'tI~e parties heret~ t1illt any st?ne, ~arth, i;;~!l o~ 1~
calIche which may be excavated from tile above deSCrIbed property In the operung, c~nstmchbl;l orG <:
maintenance of said channel or drainage easement may be removed from said premises by dle Siql,~?nnd s;::-'\
utilized in the cOllstmction and maintenance of the State highway system of Texas. \. ;,::, ;; ~
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TO HAVE AND TO HOLD the premises descr1bed in Exhibit "An, for said purposes together\with all and
singular the rights. privileges (lnd appurtenances thereto in any manner belonging, unto the Stdte of Texas
forever.
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This Donation Deed is, however, executed by Grantor without warranty or covenant of tf' e, eithCS:xpress
or implied, wiU\ respect to the properties described above or any portion the,-eof 0 interesb).herein,
including specifically and without limitation all warranties tl1at might arise under co Imon~; an~or
covenants of title in ~5,023 of the Texas Property Code. Z ;;:;
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TXDOT Drainage Easement 3E page 1
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EXHIBIT A
Tarrant County
SH 114
From: Tarrant/Denton Co. Line'
To: 0.65 Mi. East of Dove Road
Page'} of 2
Parcel 3E
0353-02-052
8002-1
September 1991
BEING 0.891 of an acre ofland, more or less, situated in the lB. Martin Survey, Abstract 1134,
Tarrant County, Texas and being out of that cenain 316.294 acre tract of land, known as Tract
One "A" conveyed to MTP-IBM Phase n and ill Joint Venture by deed as recorded in Volume
, 2190, Page 636, Real Property Records of Denton County, Texas, and by an identical deed as
recorded in Volume 8995, Page 1268, Deed Records of Tarrant County: Texas; said 0.891 acres
of land being described by metes and bounds' as follows:./
COMMENCING at a 5/8 inch iron rod with cap stamped "Caner & Burgess" found in the
existing northerly right of way line of Dove Road also being an angle point in the southerly
property line of said 316.294 acre tract of land;
THENCE North 89 deg. 40 min. 14 sec. West along the existing northerly right of way line of
Dove Road for a distance of 403.49 feet to a point in the new' northerly right of way line of Dove
Road;
THENCE along the new northerly right of way line of Dove Road as follows:
North oo..d,e.;$. 35 min. 27 sec. East for a distance of 29.28 feet;
. "'
North 89 deg. 24 min. 34 sec. West for a distance of 250.00 feet;
North 78 deg. 05 min. 58 min. West for a distance of 254.95 feee;
North 89 deg. 24 min. 34 sec. West for a distance of 153.00 fee: to a point in the new
easterly right of way line of State Highway 114;
THENCE along said new easterly right of way line of State Highway 114 as follows:
North 23 deg. 48 min. 13 sec. West for a':di~tance of 912.93 feet;
North 31 deg. 57 min. 43 sec. West fOr a distance of 741.43 feet;
..
North 36 deg. 32 min. 15 sec. West for a distance of 16.39 feet to the POINT OF
BEGINNING of the herein described tract of land;
TI-IENCE continuing along the new easterly right of way line of State Highway 114 as follows:
1) North 36 deg. 32 min. 15 sec. West for a distance of: 339.36 feet;
2) North 47 deg. 50 min. 51 sec. West for a distance of 52.23 feet;
EXHIBIT A
Tarrant County
SH 114
From: Tarrant/Denton Co. Line
To: 0.65 Mi. East of Dove Road
Page 2 of 2
Parcel 3E
0353-02-052
8002-1
September 1991
THENCE departing said new easterly right of way line over and across said 316.294 acre tract
of land as follows:
3) North 78 deg. 27 min. 45 sec. East for a distance of 121.64 feet;
4) South 36 deg. 32 min. 15 see. East for a pistance of 385.81 feet;
5) South 78 deg. 27 min. 45 sec. West for a distance of 110.34 feet to the POINT
OF BEGINNING and containing an area of 0.891 of an acre of land, more or less.
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P ARCELJE.. TAR
Texas Department of Transportation
Form D-15-31
Pnge2of3 Rev. 12/92 .. ~
IN WITNESS WHEREOF, tltisinstrument is executed on thistheZ day of ,
1999.
The City of Southlake
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............................................................................
ACKNOWLEDGMENT
, 1999
by
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SANO'" CROSS
hI' State or'Texa~
Notary'l'u Ie:. 'on Fxpires
:v(y Comm1SS\ '002
November 04, 2
~
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My Commission expires:
TXDOT Easement - page 2
TexaA Department of1'mnsportAtlon
Fonn D-15-31 (Mod.)
l'age 4 of 4 R~. 12/92
After recording please return this. instrument tD:
Telt3.S Department of Transportation
Attn: Steven E. Simmons, District Engineer
P. O. Box 6868 ..
Fort Worth, Texas 76115
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CERTIFICATE OF RECORDING
THE STATE OF TEXAS,
COUNTY. OF
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D199245137
TX DEPT TRANSPORTATION
STEVEN E SIMMONS DIST ENG
FT WORTH TX 76115
..
-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
199411880
REGISTER
DR93
RECD-BY
N C
PRINTED DATE TIME
09/29/1999 07:59
1
INSTRUMENT FEECD
D199245137 WD
INDEXED TIME
19990929 07:59
CK 5478
TOT A L
DOCUMENTS: 01
FEE S:
17.00
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.