A-1134 (Maguire) (3)
' OFFICIAL RECOi~b
5 Texas Department of Transportation 4002-1-3
FormD-15-31 (Mod)R SH 1141
Page 1 of 3 Rev 12/92 Marcel 6E
DONATION
DRAINAGE EASEMENT FOR HIGHWAY PURPOSE
THE STATE OF TEXAS }
COUNTY OF TARRANT } KNOW ALL MEN BY THESE PRESENTS:
G F. That, Maguire Partners - Solana Limited Partnership, 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 ($1.00) 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,
,rt upon and across the property which is situated in the County of Tarrant, State of Texas, which is more
• particularly described in Exhibit "A", which is attached hereto and incorporated herein for any and all
purposes, subject to any and all encumbrances affecting such property that are reflected in the public
records or that would be reflected on a survey on the ground performed in accordance with all Texas Land
Title Survey 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 times 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, earth, gravel or
caliche which 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", or said purposes together with all and
singular the rights, privileges and appurtenances thereto in any manner belonging, unto the City of
Southlake forever.
This Donation Deed is, however, executed by Grantor without warranty or covenant of title,;eithe pr49s
or implied, with respect to the properties described above or any portion thereof or rirtterest iera~l,
including specifically and without limitation all warranties that might arise und6r co & la~ ancA~br
covenants of title in ¶5.023 of the Texas Property Code. ~
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TXDOT Drainage Easement 6E page lrev 8 - 9
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EXHIBIT A
Page 1 of 1
Tarrant County Parcelt6E
SH 114 0353-02-052
From: Tarrant/Denton Co. Line 8002-1
To: 0.65 Mi. East of Dove Road Sepoen ber 1991
BEING 0.404 of an acre of land situated in the J.B. Martin Survey, Abstract 1134, Tarrant
CounTy, Texas and being out of those tracts of land conveyed to International Business Machines
,k Corporation by deed being that certain 1.000 acre tract of land as recorded in Volume 8094, Page
r 1911, Deed Records of Tarrant County, Texas, and out of that certain 4.006 acre tract of land
as recorded in Volume 7402, Page 1150, Deed Records of Tarrant County, Texas; said 0.404 of
an acre of land being more particularly described by metes and bounds as follows:
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COMMENCING at a 5/8 inch iron rod found being an angle point in the southerly property line
of Lot 1, Block 2, Westlake/Southlake Park Addition No. 1, a subdivision as recorded in Volume
388-214, Pages 78 and 79, Plat Records of Tarrant County, Texas and also being the
y r northwesterly property corner of that certain 3.041 acre tract of land conveyed to International
Business Machines Corporation by deed as recorded in Volume 8775, Page 1863, Deed Records
of Tarrant County, Texas;
THENCE South 88 deg. 29 min. 40 sec. East along the common property line of said Lot 1 and
3.041 acre tract of land for a distance of 881.10 feet to a point being in the new westerly right
of way line of State Highway 114;
THENCE along the new westerly right of way line of State Highway 114 as follows:
South 3&- eg. 32 min. 15 sec. East for a distance of 502.88 feet;
South 16 deg. 09 min. 40 sec. East for a distance of 15.99 feet to the POINT OF
BEGINNING of the herein described tract of land;
THENCE continuing along the new westerly right of way line of State Highway 114 as follows:
1) South 16 deg. 09 min. 40 sec. East for a distance of 21.35 feet;
2) South 36 deg. 32 min. 15 sec. East for a distance of 330.10 feet;
THENCE departing the new westerly right of way line over and across said 1.000 acre tract and
said 4.006 acre tract as follows:
3) South 53 deg. 27 min. 45 sec. West for a distance of 50.00 feet;
4) North 36 deg. 32 min. 15 sec. West for a distance of 350.11 feet;
5) North 53 deg. 27 min. 45 sec. East fora distance of 57.44 feet to the POINT OF
BEGINNING, and co an area of 0.404 of an acre of land, more or less.
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rAxcUAETAR BERNARD H. LOHEAC Z _
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Texas Department of Transportation
- Form D-15-31
Page 2 of 3 Rev 12/92
=Hm.
~Y
IN WITNESS WHEREOF, this instrument is executed on this the M:~Iiy of , 1999.
c Maguire Partners - Solana Limited Partnership, a Texas Limited Partnership
K,
By: Maguire Partners- Solana
G. P. Limited Liability Company, a Deleware
Limited Liability Company, General Partner
By: Maguire Part ers - Solana Business Trust,
a its Manager
By:
Tom , Ma aging Trustee
ACKNOWLEDGMENT
THE STATE OF TEXAS
County Of Tarrant
This instrument was acknowledged before me on August 10, 1999 by
Tom Allen, Managing Trustee of Maguire Partners - Solana Trust Business Trust a Delaware Business
Trust, on behalf of said business trust, in its capacity as manager of Maguire Partners - Solana G. P.
Limited Liability Company A Delaware Limited Liability Company, on behalf of said limited liability
company.
~,..v
JAMES B. VWNOLER
MY COMMISSION EXPIRES Notary Public, State of Texas
_s April 30, 2000
41
My Commission expires:
TXDOT Deed Partial- page 2 rev- easement
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D199260896
`r SOUTHLAKE TEXAS CITY OF
1725 E SOUTHLAKE BLVD
SOUTHLAKE TX 76092
ti
-WF 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
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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 NATL TITLE AGENCY INC
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
200017551 DR92 D W 10/19/1999 08:29
INSTRUMENT FEECD INDEXED TIME
1 D199260896 WD 19991019 08:29 CK 5532
T O T A L DOCUMENTS: 01 F E E S: 15.00
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.