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Richard Eads Survey, Abstract No. 481 and Thomas Mahan Survey, Abstract No. 1049, 2009 - Dedication Deed6 OFFICIAL RECOPO Dedication Deed NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That Chesapeake Land Development Company, L.L.C., an Oklahoma limited liability company ("Grantor"), for and in consideration of the terms, conditions and reservations contained herein by the City of Southlake, Texas ("Grantee"), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED AND CONVEYED, and by these presents does GRANT AND CONVEY, unto Grantee, as a dedication for the uses set forth herein, those two certain tracts of real property situated in Tarrant County, Texas, described in Exhibit "A_" attached hereto and incorporated herein by reference (the "Property"). This conveyance is made subject to any and all restrictions, covenants, conditions, easements, rights-of-way, exceptions and other matters, if any, affecting title to the Property, which are shown of record in the county in which the Property is located, but only to the extent same are validly existing (collectively, the "Permitted Exceptions"). The Property is conveyed to Grantee to be used only for the following purposes (collectively, the "Permitted Purposes"): the construction, operation, use, maintenance, repair, alteration and replacement of a paved public street, and for all other purposes for which a public street is commonly used, including installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across and under said Property. Grantor hereby reserves all of Grantor's right, title and interest in and to the water, oil, gas and other minerals that are in, on and under and that may be produced from the Property (all of which interests are excluded from the definition of "Property" above); along with the right to explore for, develop and produce the water, oil, gas and other minerals in, on and under the Property by pooling, by directional or horizontal drilling under the Property from well sites located on tracts other than the Property, or by any other method that does not require ingress and egress over the surface of the Property; provided, however, that the well bore for any water, oil or gas well that enters the subsurface of the Property shall be at a depth of at least 100 feet below the surface of the Property. Grantor hereby disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as, to or concerning (i) the nature and condition of the Property, including, but not limited to, the suitability thereof for any activity or use; (ii) the condition of any improvements located thereon; (iii) the compliance of the Property with any laws, rules, ordinances or regulations of any government or other body. The conveyance of the Property as provided for herein is made on an "AS IS" basis, and by its acceptance of this Deed and in consideration of the conveyances by Grantor herein, Grantee acknowledges that, except as 10722923 J DDa5$ to p. 119 otherwise specifically stated in this Dedication Deed, GRANTOR MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE EXPRESSLY DISCLAIMED. TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. GRANTOR: Chesapeake Land Devel meat Company, L.L.C., an Oklahoma limited 1' ilitycompany By: o- Henry. Hood, or Vice President - Land & Legal and General Counsel STATE OF OKLAHOMA § C(, COUNTY OF OKLAHOMA § This instrument was acknowledged before me on the day of December, 2009, by Henry J. Hood, Senior Vice President - Land & Legal and General Counsel of Chesapeake Land Development Company, L.L.C., an Oklahoma limited liability company, on behalf of said limited liability company. E• TEw T , `,~~~~cr~••~~:~gR~FI~'~%~ otary Public, State of Oklahoma Printed Name: , #09008850 = 23 My commission expires: D~fo EXP. 10/23/13 _ (P ;A ~ N- T ti~UBI ~G' ~0 rni00 OF 0 )210)LIb p.21 9 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this Dedication Deed dated as of the 213r day of Decto,%J ,21- , 2009, from Chesapeake Land Development Company, L.L.C., to the City of Southlake, Texas, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such Dedication Deed by its duly authorized officer. THE CITY OF SOUTHLAKE, TEXAS By: : lzql) L - Mayor, i y of Sou lake, Texas Date: De CAwt(oer 00'~ ATTEST: cq:9f}g A '?o r l/ a•• Dfl i A 1, a iu., • t Cit S a • a ecre ary y w e' o,`'te'IFt 71N 1111 ti\\\\, STATE OF TEXAS § COUNTY OF TARRANT § This instrument was cknowledged before me on the day of P-CehLL , 2009, by , Mayor of the City of Southlake, Texas. f/ A : PAY/fF V v ee Notary Public, Stat f Texas AFTER RECORDING, PLEASE *f oe~ . XP RETURN ORIGINAL TO: ' . . 7 x 2 0 CITY OF SOUTHLAKE ' I/ 1;0 1111 c/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 -b2)obo95gb p. 3q9 EXHIBIT "A" TO DEDICATION DEED PROPERTY DESCRIPTION [following 4 pages] 12=2586 p qj9 EXHIBIT "A" 0.76 72 ACRE RIGHT-OF-WA Y DEDI CA TION RICHARD EARS SURVEY, ABSTRACT NO. 481 THOMAS MAHAN SURVEY, ABSTRACT NO. 1049 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING a tract of land situated in the Richard Eads Survey, Abstract No. 481 and the Thomas Mahan Survey, Abstract No. 1049, in the City of Southlake, Tarrant County, Texas, and being a part of the 21.32 acre tract of land described in a deed to Greenway-Berk Partners, L.P., recorded In Volume 15666, Page 244 of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a Texas DOT concrete monument found in the noitli::asteriy right-of-way line of State Highway No. 114 (a variable width public right-of-way) for the southwest comer of the beforementioned 21.32 acre tract, same being the most southerly comer of the 188.756 acre tract of land described in deed to Wisteria Southlake, L.P., recorded in Volume 12615, Page 339 of the Deed Records of Tarrant County, Texas, and the northeasterly comer of a 12.016 acre tract of land described in deed to the State of Texas, recorded in Volume 13672, Page 0028 of the Deed Records of Tarrant County, Texas, and which bears South 66°53'39" West, a distance of 1965.66 feet from a 518-inch iron rod found for the northwest comer of Lot 10, Block A of BRIARWOOD ESTATES, PHASE 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded In Volume 388-139, Page 7 of the Deed Records of Tarrant County, Texas; THENCE leaving tW northeasterly right-of-way line of State Highway No. 114 and with the westerly and northerly common line of the 21.32 acre tract and the 188.756 acre tract, the following courses and distances to wit: --North 35"40'24" East, a distance of 678.01 feet to a 518-inch iron rod with cap found for the northwest comer of the 21.32 acre tract; --North 89°33'52" East, a distance of 57.51 feet to a 5/8-inch iron rod with "KHA" cap set for comer and the beginning of a non-tangent curve to the left; THENCE leaving the northerly common line of the 21.32 acre tract and the 186.756 acre tract, and across the 21.32 acre tract, the following courses and distances to wit: --Southwesterly, with the curve to the left, through a central angle of 08'42'52", having a radius of 560.00 feet, a chord bearing and distance of South 40°01'47" West, 85.09 feet, an arc distance of 85.17 feet to a 518-inch iron rod with'KHA" cap set for comer; --South 35°40'21" West, a distance of 95.08 feet to a 5/8-Inch iron rod with 'KHA" cap set for comer, --South 32°4836" West, a distance of 20D.25 feet to a 5/8-inch iron rod with "KHA" cap set for comer; --South 35°40'21" West, a distance of 280.97 feet to a 5/8-inch iron rod with 'KHA' cap set for comer; --South 09"54'03" East, a distance of 70.00 feet to a 5/8-inch iron rod with "KHA" cap set for comer in the northerly right-of-way line of State Highway No. 114; THENCE with the northerly line of State Highway No. 114, North 55"28'27' West, a distance of 100.02 feet to the POINT OF BEGINNING and containing 0.7672 acres TF (33,420 square feet) of land. ~E OF. RE.S,~ ~'o Bearing system based upon the concrete monuments found along State Highway No. 114, recorded in Volume 13672, Page 28 of the Deed Records of Tarrant County, Texas. JOHN vIcA'N 0 41)97 P• 9tio suR~ ~o Page 1 of 4 C1: Q NdAsW` kr- 12INo2% a5 I g EXHIBIT "A" 0. 7672 ACRE RIGHT-OF- WAY DEDICATION RICHARD EADS SURVEY, ABSTRACT NO. 481 THOMAS MAHON SURVEY, ABSTRACT NO, 1049 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS 180.756 ACRES IYESTERRA 5OUTHLAKE, C.P. t - VOL. 12615, PG. 339 S8936'30'W 0. R. T. C. T. 1 . 907.52' 5/8' C RIGHT-OF-WAY OED1C?70N 518" IRSC 0.7672 ACRES Cl (33, 420 SQUARE FEET) 5/8" IRSC e _ 188.756 ACRES M5TERRA SOUTHLAKE, L.P. 1 _ 518' IRSC t '•c ' ' VOL. 12615, PG. 339 O Q51 y~ E k' " O. R. LC. T. ,61 `v fi o~~QO 0 oo A65 pRN N .4 h"~ 39 SST K P SE 1 s 'ap dtp G~V 5/6" IRSC N66'5~QR o gL~ pNP L~9TF~6~ /EVp 41 yP ~i SQ ~f ~0~ S1A(E W E o,c:ycp p 0 7 ; 0 QQO ~'1'°~~~rAcgs tip9. `0` ~ ap0~1 9R►PRW S s . A) - GRAPHIC SCALE IRSC 700 0 •00 200 FND. TxDOT CoNc. ~L ~OtiG~C`°Or w MONUMENT q~~9B~sTgJ ssFtiT POINT IN FEET ) t~ ©EGINNING 1 inch, r 200 It. 5/8" IRSC 5IRSC 21.32 ACRES A 9i. GREENWAY-6ERK PARTNERS. LP VOL. 16666. PG. 244 C' ~o SiB. D.R. T. C 1. a n 'Q/ 1 ~R rn CyT /R s~ ~ z w Q~o(j 9r ~,°da Lw aj m U _ LINE. TABLE LINE I.ENGTH BEARING L l 57.51 N893 3'52"E' L2 _95.08 535'40'21"W L3 70.00 S0954'03"E L4 100.02 N55'28'27"W _ CURVE TABLE _ CURVF DEL TA RADIUS LENGTH CHORD BEARING CHORO _Cl `8'42.52" 560.00 7j_ S40'Ol'47`Wj85.09 Page 2 of 4 qF T C7 .JOHN VICAIN 10 4097...x:; Call b21000258L P 6 I R EXHIBIT "A" 0. 0628 ACRE RIGHT-OF-WA Y DEDICATION RICHARD FADS SURVEY, ABSTRACT NO. 481 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING a tract of land situated in the Richard Eads Survey, Abstract No. 481, in the City of Southlake, Tarrant County, Texas, and being a part of the 21.32 acre tract of land described in a deed to Greenway-Berk Partners, L.P., recorded in Volume 16666, Page 244 of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a Texas DOT concrete monument found In the northeasterly right-of-way line of State Highway No. 114 (a variable width public right-of-way) for the southwest comer of the beforementioned 21.32 acre tract, same being the most southerly comer of the 188.756 acre tract of land described in deed to Wisteria Southlake, L.P., recorded in Volume 12615, Page 339 of the Deed Records of Tarrant County, Texas, and the northeasterly comer of a 12.016 acre tract of land described in deed to the State of Texas, recorded in Volume 13672, Page 0028 of the Deed Records of Tarrant County, Texas, and which bears South 66°53'39" West, a distance of 1965.66 feet from a 518-inch iron rod found for the northwest comer of Lot 10, Block A of BRIARWOOD ESTATES, PHASE 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-139, Page 7 of the Deed Records of Tarrant County, Texas; Thence with the northeasterly right-of-way line of State Highway No. 114, South 55"28'27" East, a distance of 139.87 feet to a 518-inch iron rod with "KHA" cap set for comer and the POINT OF BEGINNING; THENCE leaving the northeasterly right-of-way line of State Highway No. 114 and across the 21.32 acre tract, the following courses and distances to wit: --South 55°28'27" East, a distance of 154.78 feet to a 518-inch iron rod with "KHA" cap set for comer, --South 44°5440" East, a distance of 89.91 feet to a 518-inch iron rod with "KHA" cap set for comer in the northeasterly right-of-way line of State Highway No. 114; THENCE with the northeasterly right-of-way line of State Highway No. 114, the following courses and distances to wit: --North 64°19'26" West, a distance of 54.38 feet to a 518-inch iron rod with "KHA' cap set for comer; --North 48'00'06" West, a distance of 191.06 feet to the POINT OF BEGINNING and containing 0.0628 acres (2,735 square feet) of land. Bearing system based upon the concrete monuments found along State Highway No. 114, recorded in Volume 13672, Page 28 of the Deed Records of Tarrant County, Texas. ~P.~'~GO ei~~'rq JOHN VICAIN 4097 ~9 ~FE55~0' o~ ND S U R' Page 3 of 4 ❑~~Aeeodaie4t+e _b2o(mz586 p.14 9 EXHIBIT "A" 0.0628 ACRE RIGHT-OF-WAY DEDICATION RICHARD FADS SURVEY, ABSTRACT N0.481 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS 188.756 ACRES WESTERRA SOUTHLAKE, L.P. VOL. 12615, PG. 339 D.R. T. C. T. 11 ' X28 FNO. Tx00T CONC. MONUMENT O1NT 0 COMMENCING ti Y~• so os. 69.85 2 L~! sTgT0,s Os~? ~TFFS` 6 ~T HOC ~'Q li, 0~ ~ ~ h1 OO~e p~o6 G 0~ a0ry 65 66 ~ ~ 0 .E~19 P ~ •l hhh 53 39 S oC~C NPS6 E5!8 5. P so oN6 to 9R~01 21.32 ACRES GREENWAY-BERK PARTNERS, LP VOL. 16666, PG. 244 D.R. T. C. T. FND. TxDOT CONC. MONUMENT /,PSC RIGHT-OF-WAY DEDICATION 0.0628 ACRES (2, 3 7 , SQUARE FEET) ~G-9,p/ S POIN OF BEGINNING tiA~~9y a~/C do \~9 J LINE TABLE LINE LENGTH BEARING L f 139.87 S55'28 27 E L2 154.78 S5528'27"E L3 89.91 S44 54'40'E L4 54.38 N64'1926"W L5 191.06 N48'00'05"W GRAPHIC SCALE 100 0 50 100 ( IN FEL,'T } 1 inch = 100 ft. N w E S Page 4 of 4 5/8 ° IRSC 5/8° IRSC C' JOHN WAIN 1~ 4097 P F 0 l9 Ado ESS~ o~{ C1213 . b21oooz5s6 p.sV SUZANNE HENDERSON COUNTY CLERK " 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 CITY OF SOUTHLAKE 1400 MAIN ST STE 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 1/6/2010 7:50 AM Instrument D210002586 D 9 PGS $44.00 By: D210002586 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. Prepared by: SLDAVES