U.P. Martin Survey, Abstract No. 1015, 1999 - Donation Deed
OFFICIAL RECORD
Texas Department of Transportation 4002-1-3
Forni D-15-141 (Partial Taking) SH 114
Page 1 of 4 Rev 12/92 Parcel 5
DONATION DEED
Controlled Access Highway Facility
THE STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, the Texas Transportation Commission has been authorized under House Bill 179, Acts of the 551'
Legislature, Regular Session, 1957 (Article 6674w-1, et seq., Vernon's Annotated Civil Statutes of Texas) to
purchase land and such other property rights deemed necessary for the purpose of facilitating the construction,
maintenance and operation of Controlled Access Highways; and,
WHEREAS, the purchase of the hereinafter-described premises has been deemed necessary by the Texas
Transportation Commission for the purpose of facilitating the construction, maintenance and operation of a
i Controlled Access Highway facility;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
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 express or implied, have this day Sold and by these presents
do Grant. Bargain, Sell and Convey unto The City of Southlake all that certain tract or parcel of land lying and
being situated in the County of Tarrant, State of Texas, more particularly described in Exhibit "A," which is attached
hereto and incorporated herein for any and all purpose, subject to any and all encumbrances affecting such property
J. that are reflected in the public records or on that certain survey dated Aagtsr*, 1999, prepared by hender&
. .k55tTCl~i~S;~itL.. l•1u► ~lJt ,~//ors . ~ivt _u•~f. tA.
. Title to the following improvements located on the property described in said Exhibit "A," to wit: NONE. However
if Grantor fails to remove the above described improvements from said land by the _ day of 1999,
subject, however, to such extensions of time as may be granted by the State in writing, 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.
Grantors reserve all of oil, gas and sulphur in and under the land herein conveyed but waive all rights if ingress and
egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing
in this reservation shall affect the title and rights of the State to take and use all other minerals and materials therein
and thereunder. •
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=OT Deed -MP Parcel 5 page 1 rev 8-10
EXHIBIT A Page 1 of 1
Tarrant County Parcel 5 '
SH 114 0353-02-052
From: Tarrant/Denton Co. Line 8002-1
To: 0.65 Mi. East of Dove Road September 1991
BEING 0.478 of an acre of land, more or less, of which 0.178 of an acre is situated in the U.P.
Martin Survey, Abstract 1015, 0.220 of an acre is situated in the T.W. Mann Survey, Abstract
1107 and 0.080 of an acre is situated in the J.B. Martin Survey, Abstract 1134, all in Tarrant
County, Texas; said 0.478 of an acre of land being out of Lot 1, Block 2, Westlake/Southlake
Park Addition No. 1, a subdivision as recorded in Volume 388/214, Pages 78 and 79, Tarrant
County Plat Records and also being out of that certain 255.930 acre tract of land conveyed by
deed to Maguire/Momas Partners - Westlake/Southlake Partnership as recorded in Volume 8551,
Page 1743, Deed Records of Tarrant County, Texas; said 0.478 of an acre of land being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found being an angle point in the southerly line of said
Lot 1 and also being the 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
m! 3.041 acre tract of land for a distance of 881.10 feet to the POINT OF BEGINNING being in
the new westerly right of way line of State Highway 114;
1) THENCE North 36 deg. 32 min. 15 sec. West departing said common property line along
the new westerly right of way line of State Highway 114 for a distance of 1325.26 feet
to a point in the existing westerly right of way line of State Highway 114;
THENCE along the existing westerly right of way line of State Highway 114 as follows:
j= 2) South 41 deg. 23 min. 38 sec. East for a distance of 177.06 feet;
3) South 36 deg. 32 min. 15 sec. East for a distance of 798.29 feet;
4) North 53 deg. 27 min. 45 Sec. East for a distance of 6.00 feet;
5) South 36 deg. 32 min. 15 sec. East for a distance of 366.98 feet to the
southeasterly property corner of said Lot 1;
6) THENCE North 88 deg. 29 min. 40 sec. West departing said existing westerly right of
way line along aforementioned common property line for a distance 26.65 feet to the
POINT OF BEGINNING, and containing an area of 0.478 of an acre of land, more or
less. p
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rwRCEUTAR BERNARD H. WHEAC
9 4022 its
ss%Or•~'t,
BUav
.'exes Department of Transportation
Form D-15-12 (Partial Tatting)
Page 2 of 4 Rev. 12/92 Parcel 5
0353-03-052
State Highway 114
Grantors hereby acknowledge that their use of and access to the expressway lanes to be constructed in
conjunction with the highway facility of which the land hereby conveyed shall become a part, shall be
and forever remain subject to the same regulation by legally constituted authority as applies to the
public's use thereof, and Grantors further acknowledge that the design and operation of such highway
facility as a Controlled Access Highway require that access from Grantors' remaining property to said
highway facility shall be governed henceforth as indicated in Paragraphs (A) and/or (B) hereinbelow;
and all abutter's rights, including rights of ingress and egress and the right of direct access to and from
Grantors' remaining property to said Controlled Access Highway facility, which have accrued or might
otherwise accrue to Grantors, their heirs, successors or assigns are hereby waived, released and
relinquished insofar as they appertain to Paragraph (B) hereinbelow:
(A) Access to and from Grantors' remaining property will be permitted:
Access will not be permitted.
4
(B) Access to and from Grantors' remaining property will be denied:
Access will be denied.
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r Texas Department of Transportation
Form D-15-12 (Partial Taking) R
Page 3 of 4 Rev 12/92
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the right and appurtenances thereto in any wise belonging unto the State of Texas and its assigns
forever. This Donation Deed is, however, executed by Grantor without warranty or covenant of title, either
expressed or implied, with respect to the properties described above or any portion thereof or interest
therein, including specifically and without limitation all warranties that might arise under common law
and/or the covenants of title in ¶5.023 of the Texas property Code.
" IN WITNESS WHEREOF, this instrument is executed on this the LO of aWws 1999.
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a Maguire Partners - Solana Limited Partnership, a Texas Limited Partnership
By: Maguire Partners- Solana
G. P. Limited Liability Company, a Deleware
Limited Liability Company, General Partner
By: Maguire Partners - Solana Business Trust,
its Manager
By:
Tom Alle , anagi 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.
State of Texas
JAME=WINDLER
W COMAp~
My Commission expires:
TXDOT Deed Partial- page 2 rev
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D199260911
SOUTHLAKE TEXAS CITY OF
1725 E SOUTHLAKE BLVD
ATTN CITY SECRETARY
SOUTHLAKE TX 76092
mss:
-;f-IA R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
:x
I N D E X E D T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N COUNTY CLERK
O F F I C I A L R E C E I P T
T O: FIDELITY NATL TITLE AGENCY INC
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
200017566 DR92 D W 10/19/1999 08:31
INSTRUMENT FEECD INDEXED TIME
1 D199260911 WD 19991019 08:31 CK 5532
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.