Southlake Town Square (Lots 3R and 6R, Block 3R2R, Lot 3R, Block 4R1), 2009 - Special Warranty Deed
OFFICIAL 'r'.
SPECIAL WARRANTY DEED
Date: E6(-afi v e o,s C)F bccem6er 31 2008
Grantor: SLTS Grand Avenue II, L.P.
C/o The Inland Real Estate Group, Inc.
2901 Butterfield Road
Oak Brook, Illinois 60523
Grantee: The City of Southlake, Texas,
A municipal corporation
1400 Main Street
Southlake,
Tarrant County, Texas 76028
Consideration: Ten dollars and no/100 and other valuable consideration
Property (including any improvements):
Tract 1:
Part of Lots 3R and 6R, Block 3R2R, SOUTHLAKE TOWN SQUARE PHASE I and
PHASE IV, an Addition to the City of Southlake, Tarrant County, Texas, according to
plat recorded in Cabinet A, Slide 11892, Deed Records of Tarrant County, Texas; being
more particularly described by metes and bounds on EXHIBIT "A" attached hereto for
all purposes.
Tract 2:
Part of Lot 3R, Block 4R1, SOUTHLAKE TOWN SQUARE PHASE I, an Addition to
the City of Southlake, Tarrant County, Texas, according to plat recorded in Cabinet A,
Slide 10949, Deed Records of Tarrant County, Texas; being more particularly described
by metes and bounds on EXHIBIT "B" attached hereto for all purposes.
Exceptions to Warranty:
All of those matters set forth in EXHIBIT "C", to the extent validly existing and
affecting the Property.
Grantor, for the consideration and subject to the Exceptions to Warranty, conveys to Grantee the
Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to
have and to hold it to Grantee and Grantee's successors and assigns, and to warrant and forever defend all
and singular the Property to Grantee and Grantee's successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Exceptions to
Warranty, when the claim is by, through or under Grantor, but not otherwise.
When the context requires, singular nouns and pronouns include the plural.
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GRANTOR:
SLTS GRAND AVENUE II, L.P.,
a Texas limited partnership
By: SLTS Grand Avenue II GP, L.L.C.,
a Delaware limited liability company,
its general partner
By: Town Square Ventures III, L.P.,
a Texas limited partnership,
its sole member
By: Town Square Ventures III GP, L.L.C.,
a Delaware limited liability company,
its general partner
By: Inland Western Retail Real Estate Trust, Inc.,
a Maryland corporation,
its sole member
By:
Name: Ann M. Sharp
Title: Assistant Secretary
STATE OF LIl,noi5 §
COUNTY OF D` §
This instrument was acknowledged by me on this L(lh day of r)ece,M6e.r , 2008, by
PyA In V - Slna r n kLi4 a ref- re t ry of Inland Western Retail
Real Estate Trust, Inc., a Maryland corporation, as sole member f Town Square Ventures III GP, L.L.C.,
a Delaware limited liability company, as general partner of Town Square Ventures III, L.P., a Texas
limited partnership, as sole member of SLTS Grand Avenue II GP, L.L.C., a Delaware limited liability
company, as general partner of SLTS Grand Avenue II, L.P., a Texas limited partnership, on behalf of
such limited liability companies, limited partnerships, and corporation.
OFFICIAL SEAL Notary Public for the State of Tjj (o6 i ~
LAURA A DAVID
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:08128112
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AFTER RECORDING RETURN TO:
Ms. Lori Farwell
City Secretary
City of Southlake
1400 Main Street, Suite 270
Southlake, Texas 76092
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EXHIBIT "A"
TRACT 1 METES AND BOUNDS
AREA "A"
BEING A PORTION OF LOT 6R, BLOCK 3R2R OF SOUTHLAKE TOWN SQUARE, PHASE I AND
IV, AN ADDITION TO THE CITY OF SOUTHLAKE, DESCRIBED BY PLAT RECORDED IN
CABINET A, SLIDE 11892, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID 9 SQUARE
FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A PK NAIL FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 6R,
BEING THE MOST WESTERLY NORTHWEST CORNER OF LOT 7R, BLOCK 3R2R OF SAID
SOUTHLAKE TOWN SQUARE ADDITION AND BEING IN THE EAST RIGHT-OF-WAY LINE OF
STATE STREET (A 74-FOOT PUBLIC RIGHT-OF-WAY AT THIS POINT);
THENCE EAST ALONG THE COMMON LINE OF SAID LOT 6R AND 7R, A DISTANCE OF 129.61
FEET TO THE WEST FACE OF A BUILDING FOR THE POINT OF BEGINNING;
THENCE ALONG SAID FACE OF BUILDING THE FOLLOWING:
NORTH 00°57'50" WEST, A DISTANCE OF 5.25 FEET TO A BUILDING CORNER;
SOUTH 89°02' 10" WEST, A DISTANCE OF 0.35 FEET TO A BUILDING CORNER;
NORTH 00°57'50" WEST, A DISTANCE OF 16.70 FEET TO A BUILDING CORNER;
NORTH 89°02' 10" EAST, A DISTANCE OF 0.50 FEET TO THE POINT OF INTERSECTION
OF SAID BUILDING FACE WITH THE COMMON LINE OF SAID LOTS 6R AND 7R;
THENCE SOUTH 00°57'50" EAST ALONG SAID COMMON LINE, A DISTANCE OF 21.95 FEET
TO A POINT FOR CORNER;
THENCE WEST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 0.15 FEET TO
THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 9 SQUARE FEET OF LAND.
AREA "B"
BEING A PORTION OF LOT 3R, BLOCK 3R2R OF SOUTHLAKE TOWN SQUARE, PHASE I AND
IV, AN ADDITION TO THE CITY OF SOUTHLAKE, DESCRIBED BY PLAT RECORDED IN
CABINET A, SLIDE 11892, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID 10 SQUARE
FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CUT "X" FOUND FOR THE NORTHEAST CORNER OF SAID LOT 3R AND
BEING AN ELL CORNER OF LOT 7R, BLOCK 3R2R OF SAID SOUTHLAKE TOWN SQUARE
ADDITION;
THENCE SOUTH 00057'50" EAST ALONG THE COMMON LINE OF SAID LOTS 3R AND 7R, A
DISTANCE OF 2 56 FEET TO THE FACE OF A BUILDING FOR THE POINT OF BEGINNING;
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THENCE SOUTH 00°57'50" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE
OF 22.24 FEET TO A POINT FOR CORNER AT THE FACE OF SAID BUILDING;
THENCE ALONG SAID FACE OF BUILDING THE FOLLOWING:
SOUTH 89002'10" WEST, A DISTANCE OF 0.52 FEET TO A BUILDING CORNER;
NORTH 00°57'50" WEST, A DISTANCE OF 16.57 FEET TO A POINT FOR
CORNER;
NORTH 89°02' 10" EAST, A DISTANCE OF 0.33 FEET TO A BUILDING CORNER;
NORTH 00°57'50" WEST, A DISTANCE OF 5.68 FEET TO A BUILDING CORNER;
THENCE NORTH 89°02' 10" EAST, A DISTANCE OF 0.19 FEET TO THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 10 SQUARE FEET OF LAND.
AREA "C"
BEING A PORTION OF LOT 3R, BLOCK 3R2R OF SOUTHLAKE TOWN SQUARE, PHASE I AND
IV AN ADDITION TO THE CITY OF SOUTHLAKE, DESCRIBED BY PLAT RECORDED IN
CABINET A, SLIDE 11892, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID 2 SQUARE
FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CUT "X" FOUND FOR THE MOST EASTERLY SOUTHEAST CORNER OF
LOT 7R, BLOCK 3R2R OF SAID SOUTHLAKE TOWN SQUARE ADDITION, SAME BEING AN
ELL CORNER OF SAID LOT 3R;
THENCE NORTH 60°00'00" WEST ALONG THE COMMON LINE OF SAID LOTS 3R AND 7R, A
DISTANCE OF 0.10 FEET TO THE FACE OF A BUILDING FOR THE POINT OF BEGINNING;
THENCE ALONG SAID FACE OF BUILDING THE FOLLOWING:
SOUTH 30°00'00" WEST, A DISTANCE OF 0.05 FEET TO A BUILDING CORNER;
NORTH 60°00'00" WEST, A DISTANCE OF 6.84 FEET TO A BUILDING CORNER;
SOUTH 30'00'00" WEST, A DISTANCE OF 0.08 FEET TO A BUILDING CORNER;
NORTH 60°00'00" WEST, A DISTANCE OF 11.93 FEET TO A BUILDING
CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 0.08 FEET TO A BUILDING CORNER;
NORTH 60°00'00" WEST, A DISTANCE OF 8.25 FEET TO THE INTERSECTION
OF SAID BUILDING FACE WITH THE COMMON LINE OF SAID LOTS 3R AND
7R;
THENCE ALONG SAID COMMON LINE THE FOLLOWING:
NORTH 30°00'00" EAST, A DISTANCE OF 0.05 FEET TO A POINT FOR CORNER;
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SOUTH 60°00'00" EAST, A DISTANCE OF 27.02 FEET TO THE POINT OF
BEGINNING;
CONTAINING A COMPUTED AREA OF 2 SQUARE FEET OF LAND.
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EXHIBIT °B"
TRACT 2 METES AND BOUNDS
AREA "A"
BEING A PORTION OF LOT 3R, BLOCK 4R1 OF SOUTHLAKE TOWN SQUARE, PHASE I, AN
ADDITION TO THE CITY OF SOUTHLAKE, DESCRIBED BY PLAT RECORDED IN CABINET A,
SLIDE 10949, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID 46 SQUARE FOOT TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CUT "X" FOUND AT THE SOUTHWEST CORNER OF LOT 5, BLOCK 4R1
OF SAID SOUTHLAKE TOWN SQUARE AND BEING AN ELL CORNER OF SAID LOT 3R;
THENCE NORTH 30'00'00" EAST ALONG THE COMMON LINE OF SAID LOT 3R AND LOT 5, A
DISTANCE OF 2.79 FEET TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH
THE FACE OF A BUILDING FOR THE POINT OF BEGINNING;
THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.06 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 7.02 FEET TO A BUILDING CORNER;
NORTH 60°00'00" WEST, A DISTANCE OF 0.18 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 13.92 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.18 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 6.92 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.06 FEET TO A POINT FOR CORNER IN THE
COMMON LINE OF SAID LOT 3R AND LOT 5;
THENCE NORTH 30°00'00" EAST ALONG SAID COMMON LINE, A DISTANCE OF 31.25 FEET
TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE FACE OF SAID
BUILDING;
THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.24 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 5.00 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.24 FEET TO A POINT FOR CORNER IN THE
COMMON LINE OF SAID LOT 3R AND LOT 5;
THENCE NORTH 30°00'00" EAST ALONG SAID COMMON LINE, A DISTANCE OF 14.85 FEET
TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE FACE OF SAID
BUILDING;
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THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.77 FEET TO A BUILDING CORNER;
NORTH 30000'00" EAST, A DISTANCE OF 19.25 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.27 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 0.67 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.50 FEET TO A POINT FOR CORNER IN THE
COMMON LINE OF SAID LOT 3R AND LOT 5;
THENCE NORTH 30°00'00" EAST ALONG SAID COMMON LINE, A DISTANCE OF 11.45 FEET
TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE FACE OF SAID
BUILDING;
THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.50 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 3.65 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.50 FEET TO A POINT FOR CORNER IN THE
COMMON LINE OF SAID LOT 3R AND LOT 5;
THENCE NORTH 30°00'00" EAST ALONG SAID COMMON LINE, A DISTANCE OF 11.45 FEET
TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE FACE OF SAID
BUILDING;
THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.50 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 0.65 FEET TO A BUILDING CORNER;
NORTH 60°00'00" WEST, A DISTANCE OF 0.27 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 19.27 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.77 FEET TO A POINT FOR CORNER IN THE
COMMON LINE OF SAID LOT 3R AND LOT 5;
THENCE NORTH 30°00'00" EAST ALONG SAID COMMON LINE, A DISTANCE OF 14.87 FEET
TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE FACE OF SAID
BUILDING;
THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.24 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 5.01 FEET TO A BUILDING CORNER;
9785844
SOUTH 60°00'00" EAST, A DISTANCE OF 0.24 FEET TO A POINT FOR CORNER IN THE
COMMON LINE OF SAID LOT 3R AND LOT 5;
THENCE NORTH 30°00'00" EAST ALONG SAID COMMON LINE, A DISTANCE OF 28.77 FEET
TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE FACE OF SAID
BUILDING;
THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.24 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 5.00 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.24 FEET TO A POINT FOR CORNER IN THE
COMMON LINE OF SAID LOT 3R AND LOT 5;
THENCE NORTH 30°00'00" EAST ALONG SAID COMMON LINE, A DISTANCE OF 28.75 FEET
TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE FACE OF SAID
BUILDING;
THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.24 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 5.00 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.24 FEET TO A POINT FOR CORNER IN THE
COMMON LINE OF SAID LOT 3R AND LOT 5;
THENCE NORTH 30°00'00" EAST ALONG SAID COMMON LINE, A DISTANCE OF 28.75 FEET
TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE FACE OF SAID
BUILDING;
THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.24 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 5.00 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.24 FEET TO A POINT FOR CORNER IN THE
COMMON LINE OF SAID LOT 3R AND LOT 5;
THENCE NORTH 30°00'00" EAST ALONG SAID COMMON LINE, A DISTANCE OF 31.30 FEET
TO THE POINT OF INTERSECTION OF SAID COMMON LINE WITH THE FACE OF SAID
BUILDING;
THENCE ALONG THE FACE OF SAID BUILDING THE FOLLOWING:
NORTH 60°00'00" WEST, A DISTANCE OF 0.06 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 6.87 FEET TO A BUILDING CORNER;
NORTH 60°00'00" WEST, A DISTANCE OF 0.18 FEET TO A BUILDING CORNER;
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9785844
NORTH 30°00'00" EAST, A DISTANCE OF 13.92 FEET TO A BUILDING CORNER;
SOUTH 60°00'00" EAST, A DISTANCE OF 0.18 FEET TO A BUILDING CORNER;
NORTH 30°00'00" EAST, A DISTANCE OF 6.79 FEET TO A POINT FOR CORNER IN THE
NORTHEAST LINE OF SAID LOT 3R AND BEING IN THE SOUTHWESTERLY RIGHT-
OF-WAY LINE OF FEDERAL WAY (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY);
THENCE SOUTH 60°00'00" EAST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 0.06 FEET TO THE NORTH CORNER OF SAID LOT 5;
THENCE SOUTH 30°00'00" WEST ALONG THE COMMON LINE OF SAID LOT 5 AND LOT 3R,
A DISTANCE OF 325.38 FEET TO THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 46 SQUARE FEET OF LAND.
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EXHIBIT "C"
EXCEPTIONS TO WARRANTY
1. Covenants as recorded in Cabinet A, Slide 10949; in Cabinet A, Slide 11892; in Volume 17206,
Page 198; and under Clerk's File No. D206334033, Deed Records of Tarrant County, Texas.
2. Standby fees, taxes and assessments by any taxing authority for the year 2009, and subsequent
years.
3. The easements and building setback lines as shown on plat recorded in Cabinet A, Slide 11892,
Deed Records of Tarrant County, Texas, as shown on survey dated November 9, 2007, prepared
by David J. DeWeirdt, Registered Professional Surveyor No. 5066 (Tract 1).
4. The easements and building setback lines as shown on plat recorded in Cabinet A, Slide 10949,
Deed Records of Tarrant County, Texas, as shown on survey dated November 9, 2007, prepared
by David J. DeWeirdt, Registered Professional Surveyor No. 5066 (Tract 2).
5. Terms, conditions, and stipulations of Irrevocable License And Parking, Management And Use
Agreement by and between Southlake Central Venture, Southlake Venture West, L.P., Southlake
Venture West II, L.P., Southlake Central Venture II, L.P., City of Southlake, Texas and County of
Tarrant, Texas, recorded in Volume 17206, Page 198, Deed Records of Tarrant County, Texas, as
affected by Agreement dated December 22, 2004, filed for record under Clerk's File No.
D204399572, Deed Records of Tarrant County, Texas.
6. An interest in all oil, gas, and other minerals as reserved in deed recorded in Volume 2091, Page
608, Deed Records of Tarrant County, Texas.
7. Terms, conditions, stipulations of, and easements granted by Amended and Restated Restrictive
Covenants Agreement, filed for record under Clerk's File No. D206334033, Deed Records of
Tarrant County, Texas.
8. Terms, conditions, stipulations of, and easements granted by Parking Garage Property Operating
Agreement, filed for record under Clerk's File No. D205247579, Deed Records of Tarrant
County, Texas, as affected by Agreement dated September 6, 2005, filed for record under Clerk's
File No. D206334032, Deed Records of Tarrant County, Texas.
9. License Agreement dated August 20, 2008, by and between Southlake Town Square Association,
Inc. (Licensee) and the City of Southlake, Texas (Licensor), filed for record under Clerk's File
No. D208327747, Deed Records of Tarrant County, Texas.
10. Terms, conditions, and stipulations of, and easements granted by Agreement Regarding Southlake
Town Square Grand Avenue Parking Garages filed for record under Clerk's File No.
D208327748, Deed Records of Tarrant County, Texas.
9785844 12NO W N P II I
'tti.tt-
cca,L~'•..
LORI FARWELL
CITY OF SOUTHLAKE st
1400 MAIN STREET 270
SOUTHLAKE TX 76092
Submitter: RATTIKIN TITLE (OPR)
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 04/01/2009 02:47 PM
Instrument D209086233
WD 12 PGS $66.00
By:
I IIIIIII IIII VIII illll VIII VIII VIII VIII VIII VIII IIII IIII
D209086233
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.
Printed by: WD