A-1134 (Maguire) (2)
Texa apartment of Transportation ~j F iA 4002-1-3
ForntD-15-31 (:\fod)R V F- C I L R C VRb SH 114
Page 1 of 3 ReN 12 92 Parcel 3E
DONATION
DRAINAGE EASEMENT FOR HIGHWAY PURPOSE
THE STATE OF TEXAS }
COUNTY OF TARRANT } KNOW ALL MEN BY THESE PRESENTS:
That. Maguire Partners - Solana Holdings, L. P., a Texas Limited Partnership of the 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 ($100) to Grantors in hand paid by the City of Southlake, 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 City of Southlake an easement in. along, upon and
across the propem which is situated in the County- of Tarrant. State of Texas, which is more particularly
described in Exhibit "A which is aitached hereto and incoiporated herein for any and all purposes, subject
to any and all encumbrances affecting such propem that are reflected in the public records or that would be
reflected on a survey on the ground performed in accordance «ith all Texas Land Title Sun•ey
Requirements and American Land Title Association Survey Requirements.
This easement conveyed herein is for the sole purpose of opening, constructing and maintaining a
permanent channel or drainage easement in, along. upon and across said premises described in Exhibit "A"
together with the right and privilege at all tines 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 City of Southlake any and all
improvements presently existing upon the property described in said Exhibit "A", SAVE AND EXCEPT,
HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following
improvements located on the aforesaid property. to wit: NONE. However, if Grantor fails to remove the
above-described improvements from said land by the day of , 19_, subject, however, to such
extensions of time as may be granted by the State in writing; and if for any reason, Grantors fail or refuse
to remove same within said period of time prescribed, then.. without any further consideration, the title to
all or any part of such improvements not so removed shall pass to and vest in the City of Southlake forever
As a part of the grant hereby- made it is agreed between the parties hereto that any stone, earths. gravel or
caliche winch may be excavated from the above described property in the opening, construction or
maintenance of said channel or drainage easement may be removed from said premises by the State and
utilized in the construction and maintenance of the State highway system of Texas.
TO HAVE AND TO HOLD the premises described in Exhibit "A", for said purposes together with all and
singular the rights, privileges and appurtenances thereto in any manner belonging. unto the City of
Southlake forever
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This Donation Deed is. however, executed by Grantor without Nvarranty or covenant of tithe either rest-- 3
or implied, with respect to the properties described above or any portion thereof or • tereskc Qreitr : I
including specifically and without limitation all warranties that might arise under conu~ on 1 - d/ j
'
covenants of title in 4,-,,5 023 of the Texas Property Code. i-4 77
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TXDOT Drainage Easement 3E page 1 rev 8-9
EXHIBIT A Page 1 of 2
Tarrant County Parcel 3E
SH 114 0353-02-052
From: Tarrant/Denton Co. Line 8002-1
To: 0.65 Mi. East of Dove Road September 1991
BEING 0.891 of an acre of land, more or less, situated in the J.B. Martin Survey, Abstract 1134,
Tarrant County, Texas and being out of that certain 316.294 acre tract of land, known as Tract
One "A" conveyed to MTP-IBM Phase II and III 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 "Carter & 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 00 deg. 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 feet;
North 89 deg. 24 min. 34 sec. West for a distance of 153.00 feet 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 distance 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;
THENCE 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 Page 2 of 2
Tarrant County Parcel 3E
SH 114 0353-02-052
From: Tarrant/Denton Co. Line 8002-1
To: 0.65 Mi. East of Dove Road 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 sec. East for a distance 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.
E OFT 4
~PC,\ T E 9F 9 ~^C_
*1 : N
BERNARD H. LOHEAC
4022~
41 %F~s S, ot~~'~O
SUPt`t
PARCEUE.TAR
Texas Department of Transportation
Form D-15-31
Page 2 of 3 Rev 12/92
IN WITNESS WHEREOF, this instrument is executed on this the day of
19.
MA&c kj!F P4.rt7WAt - sec anva ~fo.cD,N65, c. P
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ACKNOWLEDGMENT
THE STATE OF TEXAS
County Of 71 array:
This instrument was acknowledged before me on ~uc,~Sfi 16, 15(1! 9 by
To M N I et"){sr=N16r V P of M'~wrr- e-s SCS+ 1)vc
a CCi`1 tGC 1'k) 1 C.~, corporation, on behalf of said co ation 1 N l "C CAS
c~ e-cv ~ Uf ('n a t„~~r e ~r~ ~cxn~ I cQ ~ , l~ j I e K~S
Ct r►. ~ s) 0N b?~tY\C'tf CCf sal
Notary P lic, S ate of Texas
t "W% JAMES B. WINDLER
e*` MY COMMISSION EXPIRES
Apd130, 2000
Q" My com lssion expires
Texas Deprtment of Tmnspmtation
Porm D-15-31 (Mod.)
Pap 4 of 4 Roy- 12192
After rewrdin please return this instrument to:
THE CITY OF SOUTHLAKE
ATTN: CITY SECRETARY
1725 E. Southlake Blvd.
Southlake, TX 76092
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D199245125
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 N 0 T D E S T R O Y
I N D E X E D-- T A R R A N T C 0 U N T Y T E X A S
S U Z A N N E H E N D E R S 0 N COUNTY CLERK
O F F I C I A L R E C E I P T
T 0: FIDELITY NATIONAL TITLE AGCY
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
199411867 DR93 N C 09/29/1999 07:57
INSTRUMENT FEECD INDEXED TIME
1 D199245125 WD 19990929 07:57 CK 5478
T O T A L DOCUMENTS: 01 F E E 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.