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A-899 (Richards) \L' \\ \~ 'v Sf NT Ii} 310 3 53~ / f<i-I zi OFFICIAL RECORD 141(,/('1 ;-"'/. "( .$ Pi-a) % 1t1,f' If-. /) -.r4 ' ;1.!) 'f' S .'-. \-'J I; ~. St.J~A C.:!: 'f". .'.<.,/ --"""~ J~ ., )0 ~ CITY OF SOUTHLAKE - TEMPORARY SLOPE EASEMENT STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT WE, J.W. and CONSTANCE J. RICHARDS ("Grantor") for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE ("Grantee") of Tarrant and Denton Counties, Texas, a temporary slope easement for the purpose of excavating, filling, grading, altering and maintaining the land within said easement in a manner necessary for construction and support of a public roadway within the street right-of-way located immediately adjacent to said easement. The slope easement is described as follows: A sixty foot (60') wide temporary slope easement along the west property line of a 1.946 acre Tract of Land conveyed by Timarron Land Corporation to J.W. and Constance J. Richards by Special Warranty Deed dated March 12, 1996, a copy of which is attached hereto as Exhibit A. Grantor covenants and agrees that Grantee shall have the right to excavate, fill, grade, alter and maintain within and upon said easement and to remove from said temporary easement any fences, buildings or other obstructions as may now be found upon said temporary easement. After construction of the roadway as described above, this temporary slope easement shall expire. TO HAVE AND TO HOLD the above described temporary slope easement together with all and singular the rights and appurtenances thereto anywise belonging unto Grantee, its successors and assigns; and we do hereby bind ourselves, our heirs and assigns to warrant and to defend all and singular the premises unto Grantee, its successors and assigns, and against every person whomsoever lawfully claiming, or to claim same or any part thereof. I? ') 0 I '- '- ..I i liaS EXECUTED this ,1/' day of SUBSCRffiED AND SWORN TO BEFORE ME, by J.W. Richards on this Hie \ Z- day of "'('rl ~ ~ n , 1996 to certify which witness my hand and official seal of office. e'f ~~ ROBIN ROMIG .'if~~ NOTARY PUBLIC . ~." STATE OF TEXAS oj} COMM. EXP. 10123/97 "'.............. My Commission Expires: ~vJ' ~\ch,,-~~~ \ ~+h:>~f\~ L \of'\ ~~d- ~O~ SUBSCRffiED AND SWORN TO BEFORE ME, by Constance J. Richards on this the \~ day of ~a^(\l'\. ' 1996 to certify which witness my hand and official seal of office. My Commission Expires: .~r!1;";~'Io. ROBIN ROMIG (~ ~ 1;\ NOTARY PUBLIC \'\. ~ 'lJ STATE OF TEXAS "~/.~r..~\." COMM. EXP. 10/23/97 "'-. ._~.-........ ~~~. 0-A~~~ 6ii'~~~ lt~-, 1\~~C1A-. ~ IUO '1,^ L" I I") ') 9 I t:..c:. I 1106 - ........ ".- EXHIBIT nAn AFTER RECORDING RETURN TO: Dr. & Mrs. J. W. Richards P. O. Box 1144 Grapevine, Texas 76009 STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT TIMARRON LAND CORPORATION, a Delaware corporation ("Grantor"), for and in consideration of the sum of $10 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD, and CONVEYED and by these presents does GRANT, BARGAIN, SELL, AND CONVEY unto DR. J.W. RICHARDS AND CONSTANCE J. RICHARDS ("Grantee"), the real property in Tarrant County, Texas fully described in Exhibit 1, all improvements thereon, and all of Grantor's rights, titles and interests in and to adjacent streets, alleys, rights-of-way, and any adjacent strips or gores of real estate, together with all rights, titles and interests appurtenant to the foregoing (collectively, the "Property"). This Special Warranty Deed and the conveyance hereinabove set forth is executed by Grantor and accepted by Grantee subject to the matters described in Exhibit 2, to the extent the same are validly existing and applicable to the Property (collectively, the "Permitted Encumbrances"). Grantor conveys the Property to Grantee, and Grantee accepts the Property in its "as is," "where-is" condition with all faults. Grantee acknowledges that it has not relied on Grantor's skill or judgment to select or furnish the Property for any particular purpose, and Grantor makes no representations or warranties express or implied relating to the Property except as set forth in the following paragraph. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto Grantee, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the title to the Property unto the said Grantee, its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor but not otherwise, subject to the Permitted Encumbrances. F:\LEGAL\PRIV ATE\TM\CONT\RICH-EX.SWD March 3, 1996 12r)r"\.' i..:Jj 107 '" ~._u_ ._,. _",",,'d' ~"___",.,._._ ,,' ..~.....,..__ .___Ow', _......_.,."'~"~,,~.... _=.h""'_' ~~_.~._--~..._,._._~... ,.-....,....., Grantee's address is: Dr. & Mrs. J.W. Richards P.o. Box 1144 Grapevine, Texas 76009 EXECUTED as of March~, 1996. TIMARRON LAND CORPORATION BY:~ Its: ~, L, c.("" o-+.c.~\J STATE OF TEXAS ~ COUNTY OF -r a..~~.\- : Thi~instrument was acknowledged before me on March \'2., 1996, by <t::f~o-"~u , r -rr-..c..'~ ofTIMARRON LAND CORPORATION, a Delaware corporation, on behalf of said corporation. c. ~.::-. ROBIN ROMIG l{o~~~ NOTARY PUBLIC ..:. ,JR{,..:I STATE OF TEXAS '\"tt of...fI COMM. EXP. 10/23/97 .,...~ ~: CYl o;or'mN.>.cr. iJ.,) · ~ ~ \ l tt-f-- ~~ ~f.. /~D'1'1 12291 108 ,~_._ .___ .... ,."..,.. _ __N--" ._,_ .~,_.......M_.__'~""''''''''_''''____'''_'''"~_''';'_'_'''_ _.._...~."..,.. .......,,~, ~,.~....-..,.....--....-----_._. Exhibit 1 LEGAL DESCRIPTION JF!NG A 1.945 ACRE TRACT OF LAND SITUATED IN THE W.O. KNIGHT SURVEY, ABSTRACT ~ N\J. 899, IN THE CITY OF SOUTH LAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION THAT CERTAIN 10.404 ACRE TRACT OF LAND DESCRIBED IN DEED TO TIMARRON LAND IRP. (FORMERLY BEAR CREEK COMMUNITIES, INC.) AS RECORDED IN VOLUME 9823, I\.GE 1078 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE uARTICULARL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR CORNER, BEING AT THE POINT OF INTERSECTION OF THE EAST LINE OF SAID 10.404 ACRE TRACT WITH THE SOUTH RIGHT-OF-WAY LINE OF SOUTH LAKE BOULEVARD, AND BEING IN THE WEST LINE OF THAT CERTAIN 6.43 ACRE TRACT CONVEYED IN DEED TO J.W. RICHARDS AND WIFE CONSTANCE RiCHARDS, RECORDED IN VOLUME 4735, PAGE 129 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; THENCE S 01003'44" W ALONG SAID EAST LINE AND THE COMMON WEST LINE OF SAID bJi3 ACRE TRACT, A DISTANCE OF 297.70 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER; lHENCE S 89045'29" W OVER AND ACROSS SAID 10.404 ACRE TRACT, A DISTANCE OF 287.36 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER; THENCE N 00005'28" W OVER AND ACROSS SAID 10.404 ACRE TRACT, A DISTANCE OF 291.11 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER, BEING IN THE SOUTH RIGHT-OF-WAY LINE OF SOUTHLAKE BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE, AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5824.58 FEET, A DELTA ANGLE OF 00026'40", A LONG CHORD THAT BEARS S 85020'06" E A DISTANCE OF 45.19 FEET, AN ARC DISTANCE OF 45.19 FEET TO A CONCRETE MONUMENT FOUND FOR CORNER; THENCE N 87021'51" E ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 248.56 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.945 ACRES OF LAND, MORE OR LESS. F:\JOBIPROJECTS\TIMARRON\94325001 \SDA TA\401 BYOO1.FNS /2291 109 EXHmIT 2 TO SPECIAL WARRANTY DEED [permitted Encumbrances] 1. Restriction Agreement dated March .1996 by Timarron Land Corporation, City of Southlake, and Dr. J. W. Richards and Constance J. Richards. 2. Easement and/or Right of Way from Anthony G. Eubanks to Texas Power and Light Company dated 3-3-50, recorded in Volume 2224, Page 579, Real Property Records, Tarrant County, Texas, and as depicted on the survey dated 12-8-95, prepared by Gary Vedro, RPLS #4934. 3, Twenty feet wide Utility Easement granted to the City of Southlake, by instrument dated 6-1-90, recorded in Volume 9955, Page 296, Real Property Records, Tarrant County, Texas, and as depicted on the survey dated 12-8-95, prepared by Gary Vedro, RPLS #4934. 4. Subject to the Order Adopting Airport Zoning Regulations of the Dallas-Fort Worth Regional Airport, Ordinance No. 71-100, imposed by the Joint Airport Zoning Board of the Dallas-Fort Worth Regional Airport, filed September 2, 1982, recorded in Volume 7349, Page 1106, Real Property Records, Tarrant County Texas. 5. Rights of the Public and adjacent property owners in and to that certain drive-way across subject property as depicted on the survey dated 12-8-95, prepared by Gary Vedro, RPLS # 4934. I 2'- 0 . _ C: j 1 10 .~_P"_'.'..' ,,~_.~..._. ...__", ',. .."",.,......~...,_.._._..,_.~~_,._....~~~.".,................".___o..,_"~,_._----- D196047702 CITY OF SOUTHLAKE 667 N CARROLL AVE ATTNi CITY SECRETARY 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: STEWART TITLE NORTH TEXAS RECEIPT NO 196138454 REGISTER RECD-BY OR97 T000719 PRINTED DATE TIME 03/13/96 09:58 1 INSTRUMENT FEECO 0196047702 WD INDEXED TIME 960313 09:58 CG TOT A L DOCUMENTS: 01 FEE S: 19.00 , "\ , B Y: (~.i 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. I r; i) C I LL..JI I I I I