MTP-IBM Phase II - Avigation Easement and Release
A.F'l'EH RECORDING, RE'l'URN 'l'O:
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w. EDWARD WALTS, II
4300 First RepublicBank Plaza
901 Main Street, Dallas, Texas 75205
AVIGATION EASEMENT AND RELEASE
THE STATE OF TEXAS S
COUNTIES OF TARRANT
AND DENTON S
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KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, International Business Machines Corporation, a New
York Corporation, Maguire/Thomas Partners-Westlake/Southlake
Partnership, a Texas LJcnel:dl partnership, and MTP-IBM Phase II and
III Joint Venture, a Texas general partnership, hereinafter called
"Owner" (whether one or more), is the Owner of that certain parcel
of land sltuated in or within the extraterritorial jurisdiction of
the City of Southlake, Tarrant and Denton Counties, Texas, being more
particularly described herein for all purposes:
See Exhibit "A" attached hereto and
incorporated herein by reference for all
purposes.
NOVJ, THEREFORE, in consideration of the sum of ONE AND 00/100
($1.00) DOLLAR, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged and confessed, Owner(s)
do(es) hereby waive, release, quitclaim, and forever hold harmless
the City of Southlake, Texas, a municipal corporation, hereinafter
call "City", from any and all claims for damage of any kind that
Owner(s) may now have or may hereinafter have in the future by reason
of the passage of all aircraft ("aircraft" being defined for the
purposes of this instrument as any contrivance now known or hereinafter
invented, used, or designed for navigation of or flight in :the air)
by whomsoever owned and operated, in the alr space above Owner IS
property, as herein before described, and above the surface of Owner's
property such noises, vibration, fumes, dust, fuel, and lubricant
part icles, and all other effects that may be caused by the operation
of aircraft landing at or taking off from, or operating at or on the
Dallas/Fort Worth International Airport; and Owners do hereby fully
having remiss, and release any right or cause of action which it may
not have or which it may in the future have against the City, whether
such claim be for injury to person or damage to property due to noises,
vibration, fumes, dust, fuel and lubricant particles, and all the
other effects that may be caused or may have been caused by the
operation of aircraft landing at, or taking off from, or the operation
and/or maintenance of aircraft or aircraft engine at or on said
Dallas/Fort Worth International Airport.
It is agreed that this release shall be binding upon the Owner,
their heirs and assigns, and successors in interest with regard to
said property, located ln or in the extraterritorial jurisdiction
VOL.9078 P6.1663
of the City of Southlake, Tarrant County, Texas, and it 1.S further
agreed that this instrument shall be a covenant running with the land,
and shall be recorded in the Deed Records of Tarrant County or Denton
County, as appropriate, Texas.
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Executed thl'S JY day of Se te ber A D 1987
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MAGUIRE/THOMAS PARTNERS-WESTLAKE/
SOUTHLAKE PARTNERSHIP, a Texas
general partnership
By: Maguire/Thomas Partners-Dallas,
Ltd., a California limited
partnership
By: Mag ire/Thomas Partners, Inc.,
;,~,a ifornia corporation
(~E: RObert F.
\l' Chairman
MTP-IBM PHASE II AND III JOINT VENTURE,
a,Texas general partnership
By: Maguire/Thomas Partners-Dallas,
Ltd., a California limited
partnership
By: Inc.,
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INTERNATIONAL BUSINESS MACHINES
CORPORATION, a New York corporation,
individually and as general partner
in the foregoing two partnerships
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VOl.9078 P6.1664
STATE OF CALIFORNIA ~
COUNTY OF LOS ANGELES ~
h. //171
This instrument was acknowledged before me on t 1S 7_ -- day
of September, 1987, by Robert F. Maguire, III, Chairman of
Maguire /Thomas Partners, Inc. , a California corporation, which
corporation is the general partner of Maguire/Thomas Partners-Dallas,
Ltd., a California limited partnership, which limited partnership
1S a general partner of Maguire/Thomas Partners-Westlake/Southlake
Partnership, a Texas general partnership, and the said Robert F.
Maguire, III acknowledged to me that he executed the same on behalf
of said corporat ion, as the general partner of said limited
part nership, and as general partne~,..9l said ~.eral partnership.
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:<")<-..ec2.uz .::;;~?-~
Notary public in/and for the State
of California ~
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Notary's Printed
OFFICIAL SEAL
TOSHIE FUJITA
NOTARY puaLIC - CALIFO~NIA
LCS ::';3f.U:S caUi1lf '
My C(,mr.l. c;q;lrw M~' ll, 19;;;;, ~
My Commission Expires:
STATE OF CALIFORNIA ~
COUNTY OF LOS ANGELES ~
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This instrument was acknowledged before me on this '7 >- day
of September, 1987, bY,U/:;:c::;e-r ~ /Z//-/Gc{/rC&JZl.- C:#,.q/~k/~
of Maguire/Thomas Partners, Inc., a California corporation, which
corporation is the general partner of Maguire/Thomas Partners- Dallas,
Ltd., a California limited partnership, which limited partnership
1S a general partner of MTP-IBM Phase II and III Joint Venture, a
'l'exds general partnership, and the said ~C.ca7- r:::: /t.~//k.;i(/I'~ 7?T
acknowledged to me that he executed the same on behalf of said
corporation, as the general partner of said limited partnership, as
general partner of said general partnership.
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Notary public uAn and for the State
of California
Ny Commission Expires:
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Notary's Printed Name
OFFICIAL SEAL I,;",
TOSH!l: i<JiITA
tlOTArd PUBliC - CALIFORNiA
I.OS f,:!Gc.liS COUN fV
r.ly cumin. expires MAY 9, lS83
VOL. 9078 P6. 1665
STATE OF CONNECTICUT S
COUNTY OF ;?~~ ~
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Appeared before me a, 9, ~ 0/1 Y1 .
of International Business Machines corporation, a New York corporation,
who acknowledged that he executed the foregoing document for the
purposes and consideration therein expressed and on behalf of said
corporation in its capacities (1) as general partner of Maguire/Thomas
Partners-Westlake/ Southlake Partnership, a Texas general partnership,
(2) as general partner of MTP-IBM Phase II and III Joint Venture,
a Texas general partnership, and (3) in its individual, corporate
capacity on this IF day of September, 1987. .
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Not-a;l'~ubl'ic in ad f~r th~:~'~~'t\~."
of Connect icut ::;r/"~' ,:'\"
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My Commission Expires:
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VOL.9078 P6.1666
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PROVISIONS CONT~\Nm IN ~NY OOCUMENT WHICH REST1lICT
THE SALE. RENI I\l, 0:1 USE Of THE RE'\l PROyERTY DESCRIBED
THcRE:tl UEC~USE Of RN;E Oil Ulloa eRE 1tl'J~LlO UNDER
fbtJ,fI,L U\i~ WJ fI,:lt U\~L\~rGi{c,C,'\0LE.
MI 'KJV!SIGH 1i[::EiN \',I\lCII ~[STP.'CTS THE S~lE. RfNT~1.
0" USE ",f TiT '.:':;;::,'"" REP,'. , p.'.-E.\'\' oW\c,E Of COLOR
OR RACE IS IN/'Ll" ~ilJ uaE;-:rO,(CiA"lE UNJER fG)ER~l
LAW.
OUNn' Of i ~~~"N1 \ .
C 'l-r>,S f'\'(~ 00 \"''5
51 "IE 01' 1~\\\~ \":11, ,,,is in~,\TU!1"l~~\ ::Sal\(\ '.~\lS (\1l\'1
, "ele\)~ eC fme snm\,d \,,('leon J \'\': N31r,e(\ ~ecJ(dS'
date and at ,\Ie I n't \' ~\!" 01 \ "
DCC' oq. DHl ill \\1e '1Q\\\.\r,~ ,\ . \",,~,,~"l heleon 'o~ me.
f\t. 1~1~s 'oS ~,.ull .'-
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St.~ 25 \981
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COI.lN1'i C\t\l.~ fi 1~~
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VOL. 9078 P6.1668
EXHIBIT -A-
MTP-IBM Addition No. 1 to the City of Southlake as described in that
certain plat filed in Volume , Page ___ of the Map and Plat Records
of Tarrant County, Texas, and in Cabinet Slide of the Map
and Plat Records of Denton County, Texas.
VOl.9078 PG.1667