Samuel Freeman Survey, Abstract No. 525 (Darby), 1995 - Warranty Deed
AFFIDA VTT FOR REFILING OF WARRANTY DEED
(\\
), THIS AFFIDAVIT SHOULD BE FILED IN THE RECORDS OF TARRANT COUNTY, TEXAS.
THIS AFFIDAVIT IS BEING MADE SOLEY FOR THE PURPOSE OF CORRECTING A CLERICAL
ERROR IN AN ORIGINAL DOCUMENT (HEREIN REFERRED TO AS "DOCUMENT", THE ORIGINAL OF
WHICH IS ATTACHED HERETO.) BEING A WARRANTY DEED DATED FEBRUARY 24,1994, FILED
APRIL 27,1994, RECORDED IN THE DEED RECORDS OF TARRANT COUNTY, TEXAS, EXECUTED BY
THE COUNTY OF TARRANT, TO THE CITY OF SOUTHLAKE AFFECTING THE FOLLOWING
DESCRIBED PROPERTY:
Being a 0.1699 acre tract of land, more or less, situated in the County of Tarrant, State of Texas, and
being out of the Samuel Freeman Survey, Abstract 525, and being part of a tract of land conveyed by
W,R. Nail to Marvin G. Darby and wife, Mary Darby by deed dated May 16, 1963 and recorded in
Volume 3806, Page 65 ofthe Deed Records, Tarrant County, Texas, which 0.1699 acres ofland, more
or less, is more particularly described by metes and bounds as follows:
COMMENCING at the point of intersection of the southerly right-of-way line of F .M. Highway 1709
with the Easterly line of said Darby tract, same being the Westerly right-{)f-way line of Kimball Road,
said point being 65.00 feet Southerly of and radial to centerline survey station 430+ 79.21, and also
being N 540 14' 37" E a distance of 155.11 feet from the Southeast corner of said Darby tract said
point being in a curve to the left whose center bears
S 170 32' 32" W.
THENCE
in a northwesterly direction along the southerly R.O.W. line of F.M. 1709 and said
curve to the left having a radius of 1844.86 feet and a central angle of 01 023' 33" a
distance of 44.83 feet to a 5/8" iron pin set, said poin being the POINT OF
BEGINNING;
THENCE
S 540 14' 37" W, a distance of 60.07 feet to a 5/8" iron pin set;
THENCE
S 02001' 01" W, a distance of 45.06 feet to a 5/8" iron pin set;
THENCE
S 540 14' 37" W, a distance of 40.13 feet to a 5/8" iron pin set;
THENCE
N 890 59' 33" W, a distance of 21.97 feet to a 5/8" iron pin set;
THENCE
N 010 51' 34" E, a distance of 129.62 feet to a 5/8" iron pin set in the southerly
R.O.W. line ofF.M. Highway 1709;
THENCE
Along said curve to the right, said curve having a radius of 1844.86 feet and a
central angle of 030 13' 33" a distance of 103.87 feet to the POINT OF BEGINNING
containing 0.1699 acres of land, more or less.
THIS AFFIDAVIT IS BEING MADE FOR THE PURPOSE OF FILING SUCH CORRECTION OF
RECORD IN THE DEED RECORDS OF TARRANT COUNTY, TEXAS.
AS ORIGINALLY EXECUTED AND FILED, THE ATTACHED DOCUMENT MISTAKENLY DID
NOT INCLUDE BEARING REFERENCE NOTATION OR ADEQUATE CLARIFICATION OF BOUNDARY
MONUMENTS.
THE DOCUMENT HAS BEEN CORRECTED AS SET FORTH IN ABOVE PARAGRAPH, AND IS BEING
REFlLED WITH THIS AFFIDAVIT AS A CORRECTION DOCUMENT TO TAKE THE PLACE OF THE
DOCUMENT AS RECORDED IN VOLUME] 1554, PA~,ItW;41~,~ THE DEED RECORDS OF TARRANT
COUNTY, TEXAS. IN ALL OTHER RESPECTS THlI': _ l'OC'kHE SAME AS THE
ORIGINAL DOCUMENT. I\.CO *..l",... ~
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SUBSCRIBE AND SWORN BEFORE ME ON THIS 1-g,ltllllllll~"\{}"AY OF C
MY COMMISSION EXPIRES
~<!M L. BUSH
Notary Public
STIlTE OF TeXAS
My ClJmm. Exp. OS/27198
NOTARY'S PRINTED NAME
w.. LEGALS\001218U\.AfF
RETURN TO
OFFICE OF THE CITY SECRETARY
CITY OF SOUTHLAKE
667 N. CARROLL AVE.
SOUTHLAI<:E. TEXAS 7'~()92
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EXHIBIT 'A'
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PROPERTY DESCRIBED
7401.89 SQ. FT
0.1699 ACRES
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5/8" IPS 111111!I~i;~ 5/'" IPS /
III 9':59'33.W 5 8 IPS
27.97'
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CURIIf: DATA
@ 6 = 03'73'33"
R = 7844.86'
T = 51.95'
L = 103.8r
CB = 575' 2r 4rE
CL = 103.85'
I'B\ 6 = 01"23'3.r
\!:V R = 7844.86'
T = 22.42'
L = 44.83'
CB = 573" 09' 7SeE
CL = 44.83'
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NOTE: BEARINGS BASED ON THE SOUTHERLY
R.O.W. LINE OF F.M. HIGHWAY 1709, HAVING
A CHORD BEARING OF N 74" 48' 01~ W. AS
REFERENCED IN VOL. 11320 P. 24 (D.R.T.C.T.)
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CHEATHAM AND ASSOCIATES
1170 CORPORATE DRIVE WEST SUITE 207
ARLINGTON. TEXAS 76006
METRO (817) 640-4329
(817) 633-1023
I certify that this is a
true and accurate
representation of this
survey as made on the
ground,
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3 28 95
DATE : A- \ 0.... ""~
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Revised: 3-28-95
EXHIBIT' B'
KIMBALL A VENUE RIGHT -OF-WAY
Field Notes
Being a 0.1699 acre tract of land, more or less, situated in the County of Tarrant, State of
Texas, and being out of the Samuel Freeman Survey, Abstract 525, and being part of a tract
of land conveyed by W.R Nail to Marvin G. Darby and wife, Mary Darby by deed dated
May 16, 1963 and recorded in Volume 3806, Page 65 of the Deed Records, Tarrant County,
Texas, which 0.1699 acres of land, more or less, is more particularly described by metes and
bounds as follows:
COMMENCING at the point of intersection of the southerly right-of-way line of P.M.
Highway 1709 with the Easterly line of said Darby tract, same being the Westerly right-of-way
line of Kimball Road, said point being 65.00 feet Southerly of and radial to centerline survey
station 430+ 79.21, and also being N 540 14' 37" E a distance of 155.11 feet from the
Southeast comer of said Darby tract said point being in a curve to the left whose center bears
S 170 32' 32" W.
THENCE
in a northwesterly direction along the southerly RO.W. line ofF.M. 1709 and
said curve to the left having a radius of 1844.86 feet and a central angle of 01 0
23' 33" a distance of 44.83 feet to a 5/8" iron pin set, said poin being the
POINT OF BEGINNING;
THENCE
S 540 14' 37" W, a distance of 60.07 feet to a 5/8" iron pin set;
THENCE
S 020 01' 01" W, a distance of 45.06 feet to a 5/8" iron pin set;
THENCE
S 540 14' 37" W, a distance of 40.13 feet to a 5/8" iron pin set;
THENCE
N 890 59' 33" W, a distance of 21.97 feet to a 5/8" iron pin set;
THENCE
NOlO 51' 34" E, a distance of 129.62 feet to a 5/8" iron pin set in the
southerly R O. W. line of F. M. Highway 1709;
THENCE
Along said curve to the right, said curve having a radius of 1844.86 feet and a
central angle of 030 13' 33" a distance of 103.87 feet to the POINT OF
BEGINNING containing 0.1699 acres of land, more or less.
W:\LEGALS\OO 1218LN.LGL
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CORRECTION DEED
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P.C'VI~ 10-85.
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WARRANTY DEED
DaIC:
, j ranlor'
County of Tarrant
Grantor~ ~alling Address (Including coumy):
100 E. Weatherford Street
Fort Worth, Texas 76196
(JrJntc~ :
City of Southlake
Grantee ~ Mallmg Address (mcluding coumy I:
667 North Carroll Avenue
Southlake, Texas 76092
C nn'locral Ion:
Ten Dollars and Other Good and Valuable Consideration
Propeny lmcludmg any improvemems):
See Exhibit "A" which is attached and made a part hereto for alll~urp~es. ~
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R~servallons trom and Exceptions 10 Conveyance and Warramy:
In fee simple so long as the described property is used for public road purposes within
one year of the date of this deed; however, if any portion of the described property
is not used for any public road purposes after one year from the date of this deed,
then ownership of that portion of the property shall revert to Grantor. No reversion
to Grantor shall be effective until Grantor files an affidavit in the County Deed
Records reciting facts to substantiate the non-use of the property for public road
purposes. This condition shall run with the land.
Grantor. tor the consideration and subject 10 the reservations from and exceptions 10 convevance and warranty. grants. sells.
.Jno conveys 10 Gramee Ihe propeny. together wllh all and singular the righls and appunenances thereto In any wise belonging. to
have and hold Ilto Grantee. Gramee' s heirs. executors. administrators. successors. or assigns forever. Gramor binds Grantor
.Jnll Grantor's heirs. executors. administrators. and successors to warram and forever defend all and singular the propeny 10
Grantee and Grantee s heirs. exeCUlors. admimstrators. successors. and assigns against every person whomsoever lawfully
,'Ialmlng or to claim Ihe same or any pan thereof. except as 10 the reservations from and exceptions 10 conveyance and warranly.
When the COnlext requires. Singular nouns and pronouns include the plural.
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EXlllBIT "A"
KIMBALL AVENUE RIGHT-OF-WAY
Field Notes
Deing a 0.1699 acre tract of land, more or less, situated in the County of Tarrant, State of Texas,
and being out of the Samuel Freeman Survey, Abstract 525, and being part of a trael of land
conveyed by W.R. Nail to Marvin G. Darby and wife, Mal)' Darby by deed datcd May 16, 1963
and recorded in Volume 3806, Page 65 of the Deed Records, Tarrant County, Texas, which
O. 1699 acres ofIand, more or less, is more particularly described by metes and bounds as follows:
BEGINNING at a point in a curve to the right, said point being in the south R.O.W. line ofF.M.
1709, said point also being the northwest comer of the above referenced tract;
THENCE Along said curve to the right, said curve having a radius of 1844.86 feet and a
central angle of 030 13' 33" a distance of 103.87 feet to a point for a comer;
THENCE
S 540 14' 37" W, a distance of60.07 feet to a point for a corner;
THENCE
S 02001' 01" W, a distance of 45.06 feet to a point for a comer;
THENCE
S 540 14' 37" W, a distance of 40.13 feet to a point for a comer;
THENCE
N 890 59' 33" W, a distance of21.97 fect to a point for a comer;
THENCE
N 010 51' 34" E, a distance of 129.62 feet to a point, said point being the
POINT OF BEGINNING containing 0.1699 acres of land, marc or less.
This deed has been corrected and is being refiled as a Correction Deed to take the
place of the Deed recorded in Vol. 11463, Page 0064 DRTCT. ~s.or~g~nal~y exec~ted
and filed, the deed mistakenly omitted the attachment of Exh1b1t A w~lch rec1~ed
the legal description of the property. In all other respects, Correct1on Deed 15
the same as the original Deed.
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RECEIVED
MAY 0 6 199~
OEPT, OF PUBLIC WORKS
TARRANT COUNTY
TRANSPORTATION DEPARTMENT
DON McCHESNEY, P.E.
Director
May 5, 1994
Mr. Bob Whitehead
City of South lake
667 North Carroll Avenue
Southlake, TX 76092
RE: Kimball Road Extension
Dear Mr. Whitehead:
Enclosed is the Warranty Deed conveying the property needed for the
Southlake-Kimball Road Extension.
If we can be of further assistance to you, please call.
very truly,
.~~~~
nne M. Green
Supervisor
JMG/mf
enclosure
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100 E. WEATHERFORD, FORT WORTH, TEXAS 76196-0601 PHONE 817 - 8R4-1250
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D194101262
TRANSPORTATION DEPT
100 E WEATHERFORD RM 401
FT WORTH, TX 76196
-W A R N lNG-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: TRANSPORTATION DEPT
RECEIPT NO
194216607
REGISTER RECD-BY PRINTED DATE TIME
DR93 T003957 04/27/94 09:06
1
INSTRUMENT FEECD
D194101262 WD
INDEXED TIME
940427 09:06
NC
TOTAL
DOCUMENTS: 01
FEE S:
0.00
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.
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D195071842
CITY OF SOUTHLAKE
667 N CARROLL AVE
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: CITY OF SOUTHLAKE
RECEIPT NO
195170201
REGISTER
DR92
RECD-BY
T003957
PRINTED DATE TIME
04/28/95 14:53
1
INSTRUMENT FEECD
D195071842 WD
INDEXED TIME
950428 14:53
CG
TOT A L
OCUMENTS: 01
FEE S:
21. 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.
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