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West Beach Addition, Bob Jones Park, 2009 - Warranty Deed (C 4uD NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED Date: November 24, 2009 Grantor: CARL Q. FRETWELL and wife, VERTICE FRETWELL. Grantee: CITY OF SOUTHLAKE, TEXAS 1400 Main Street, Southlake, Texas 76092 Consideration: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is here acknowledged. Property (including any improvements): See attached Exhibit "A" Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to every, any and all restrictions, reservations, exceptions, dedications, covenants, conditions, rights-of-way and easements, and any and all zoning laws, regulations and ordinances of municipal and other governmental authorities relating to the herein described property, to the extent that they are in effect and of record in the county in which such property is situated. Grantor hereby reserves and excepts from this conveyance, and retains for Grantor and Grantor's heir, successors, and assigns forever, all oil, gas, and other minerals in and under and that may be produced from the property (the "Mineral Interests"). If the Mineral Interest is subject to existing production or an existing lease, this reservation includes the production, lease, and all benefits from it. Grantor hereby waives and releases any and all rights, title, interests, easements, rights-of-way and privileges, of every kind and character, which Grantor has or may have to use or utilize, or to permit others to use or utilize, in any manner the surface of the Property, or any part thereof, including, without limitation, the right to use the surface of the Property or any part thereof for investigating, exploring by geological, geophysical and other methods, prospecting, drilling, mining, operating, producing, saving, transporting, storing or treating oil, gas and all other minerals, of every kind and character, whether similar or dissimilar, known or unknown, in, on, under and which may be discovered, mined, produced or recovered from the Property or any portion thereof. Grantor waives and releases its right of ingress and egress to the Property, its right to conduct any type of investigation on the surface, including, without limitation, any type of seismic operations, its right WD.FrctwclBouthlake. 2 RE.1 12309 Page I of 2 to use any portion of the surface of the Property for the drilling of any well, or for the storage or transportation of oil, gas or other minerals of any kind, and its right to lay pipeline across the Property or any portion thereof. Nothing herein, however, restricts or prohibits the pooling or unitization of the Mineral Interest with land other than the Property; or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that are opened on land other than the Property that enter or bottom under the Property, provided that these operations in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. 0AP - &A;Q, 4ut;~~:q CARL Q. TWELL 0~,~ VERTICE FRETWE`ff THE STATE OF TEXAS § ACKNOWLEDGMENT COUNTY OF TARRANT § This instrument was acknowledged before me on Novem r24"2009, by Carl Q. Fretwell and wife, Vertice Fretwell. UIL zsw~) Notary P lic, State of Texas ANGELA WALDROP Notary Public, State of Texas My Commission Expires October 19, 2010 AFTER RECORDING RETURN TO: WD. Fretwell. Southlake.2 RE. 112309 Page 2 of 2 EXHIBIT "A" GF#: SL08326497 Legal Description Being 2.178 acres of land situated in the H.A. Throop Survey, abstract N. 1273, City of Southlake, Denton County Texas; said 2.178 acres of land being that called 2.155 acre tract of land conveyed to Carl Q. Fretwell according to the deed recorded in Volume 2204, page 155, Deed Records, Denton County Texas (DRDCT); and also being 4.384 acres of land situated in the Reis D. Price Survey, Abstract No. 1003, City of Southlake, Denton County, Texas; said 4.384 acre tract of land being that called 4.379 acre tract of land conveyed to Carl Q. Fretwell according to the deed recorded in Volume 1137, page 749, DRDCT; the two Fretwell tracts of land being more particulary described in one tract by metes and bounds as follows: Beginning at a 1-1/2 inch pipe found in the south line of the Throop Survey and a north line of said Price survey approximately 190 feet east of the southwest corner of the Throop Survey; said pipe being in the east line of a 60.8825 acre tract of land described in the deed to the City of Southlake, Texas according to the deed recorded in Volume 4311, page 2459 DRDCT; said pipe also being the southwest corner of the Fretwell called 2.1558 acrre tract and the Northwest corner of the Fretwell called 4.379 acre tract; Thence N 00 degrees 2814411W, 208.12 feet (deed call N00degrees351W, 206.4 feet) along a fence and along the west line of said 2.155 acre tract and the east line of said 60.8825 acre tract to a 1/2 inch iron rod found at the northeast corner of said 2.155 acre tract and the southeast corner of a tract of land conveyed to Jesse Cummins according to the deed recorded in Volume 683, page 66 DRDCT; Thence S89degrees1910411E, 460.28 feet (deed call S89degrees3l'E,460.0 feet) generally along a fence in part passing the southeast corner of said Jesse Cummins tract, continuing across a 30 feet wide strip of unimproved road, passing the southwest and southeast corner of a tract of land described in the deed to Mollie A. Cummins and a 395.5 feet passing a 1/2 inch iron rod found at a corner in the westerly line of a tract of land described in the deed to the City of Southlake, Texas according to the deed recorded in County Clerks No. 97-084063, DRDCT and continuing in all to a 1/2 inch iron rod found at the northeast corner of said Fretwell called 2.155 acre tract; Thence S00degrees291051E, 621.61 feet along a west line of said City of Southlake, Texas tract at 204.14 feet passing a 3/4 inch iron pipe found at the southeast corner of said Fretwell called 2.155 acre tract and the northeast corner of said Fretwell called 4.379 acre tract and in the common line of the Throop and Price Survey and continuing along the east line of said called 4.379 acre tract to a 1/2 inch iron rod found at the southwest corner of said City of Southlake, Texas tract in a north line of a tract of land conveyed to the United States of America, Corps of Engineer Grapevine Reservoir (herein after referred to as "COE"); COE mon. No. C241E-1 bears S89degrees 40131"E, 139.54 feet; Thence N89 degrees4013111W, 93.45 feet about 4 feet south of a fence line and along said COE line to COE Mon. No. C236-6 found; EXHIBIT "A" GF##: SL08326497 Legal Description Thence N88degrees 55151"W, 366.80 feet along said COE line to a 1/2 inch iron rod set with a plastic cap stamped "Landes & Assoc." 3.2 feet north of a 2-1/2 inch steel corner post; from said 1/2 inch iron rod set, COE Mon. No. C236-5 bears N88degrees55151"W, 176.48 feet; Thence NOOdegrees 2915111W, 411.60 feet along the west line of said Fretwell called 4.379 acre tract and along a fence line and along the east line of the aforementioned City of 5outhlake, Texas 60.8825 acre tract to the POINT OF BEGINNING and containing 6.562 acres of land, more or less. Electronic Recordation Exchange: Authorized Users Only Page 1 of I Document Receipt Information Reference Number: SL09326497 - Warranty Deed Instrument Number: 138413 No of Pages: 5 Recorded Date: 12/2/2009 12:32:00 PM County: Denton Officer Name: Carmen Robinson • • Volume: Page: 0 Recording Fee: $27.00 THE ATTACHED DOCUMENT WAS ELECTRONICALLY FILED FOR RECORD WITH THE COUNTY CLERK'S OFFICE. THIS PAGE CONTAINS THE FILING INFORMATION PROVIDED BY THE COUNTY CLERK'S OFFICE AND MUST REMAIN WITH, AND BECOME PART OF, THE ORIGINAL DOCUMENT. http://www.erxchange.com/UlNiewReceipt.aspx?Document-ID=3321167 12/3/2009