Gateway Church 114 Campus (Lot 1, Block 5), 2010 - Deed OFflCIAL RECORD
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NOTICE OF CONFIDE IALITY 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.
CITY OF SOUTHLAKE
DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, CLEVA JO LILLY and WILMA BURGESS, legal heirs to the Estate of Verna Marie
Eubanks, of the County of Tarrant, State of Texas, for and in consideration of ONE DOLLAR, and
other good and valuable considerations paid by the City of Southlake, a municipal corporation of
Tarrant County, Texas, receipt of which is hereby acknowledged, do hereby grant, bargain and
convey to said City, its successors and assigns, that certain tract or parcel of land in Tarrant
County, Texas, being described as follows:
a 0.8265 acre of land located in the RICHARD EADS
SURVEY, ABSTRACT NO. 481, in the City of Southlake,
Tarrant County, Texas, and being more particularly described
by metes and bounds in Exhibit "A ", attached hereto and
incorporated herein for all purposes, and being more
particularly shown on a survey drawing marked Exhibit "B ",
attached hereto and incorporated herein for all purposes
Grantors hereby reserve and retain for themselves, their legal representatives, successors
and assigns forever, all of Grantors' interest in the oil, gas, and other minerals in and
under and that may be produced from the Property (collectively, the "Oil and Gas ");
provided, however, not included within the definition of Oil and Gas are minerals that form
a part of the soil or surface such as sand, iron ore, gravel, uranium or limestone. Grantors
waive and relinquish any use of the surface of the Property for any reason, including
without limitation, the right to enter upon the Property, the exploration and /or removal of
such Oil and Gas, and the right to place or maintain any structures, improvements,
equipment or pipelines in, on, under or across the Property or to install any fixtures or
facilities on the surface of the Property. Notwithstanding the foregoing, such surface use
waiver does not prohibit subterranean underground directional drilling activities under the
Property that begin upon and are conducted from the surface of real property other than
the Property, provided that such drilling activities at all times are sufficiently below the
surface of the Property as to not interfere with or disturb in any manner the present or
future use to which Grantee or Grantee's successors and assigns may desire to devote
the Property; provided, however, in no event shall the directional drilling or sub - surface
activities be at depths Tess than five hundred (500) feet below the overlying surface of the
Property. Grantors, and Grantors' successors and assigns, shall be responsible for any
damages to the Property and any improvements from time to time located on the Property
caused by Grantors' reservation of such minerals.
TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes herein
set forth, Grantors hereby bind themselves, their successors and assigns, to warrant and forever
defend the said conveyed property and rights granted herein unto Grantee, its successors and
assigns every person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS MY HAND, this the a AOPI day of a 4-- , 2010.
CLEVA JOiLILLY, le heir
9 WILMA BURGESS, legl heir to
to the Estate of Verna Marie Eubanks the Estate of Verna Marie Eubanks
121620785 p. � 1
NOV -11 -2010 08:28 Rattikin Title Company P.002
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared CLEVA JO LILLY, legal heir to the Estate of Verna Marie Eubanks, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
she executed the same for the purposes and considerations therein expressed, and in the
capacity therein stated.
c
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the - day of LL*010.
���`r MEGAN NEWBURN
N Public Notary Publi r and for The State of Texas
* �� * STATE TE OF TEXAS Commissio • ires:
4/I of ' *Comm. Comm. Exp. 07117/20
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared WILMA BURGESS, legal heir to the Estate of Verna Marie Eubanks, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
she executed the same for the purposes and considerations therein expressed, and in the
capacity therein stated.
i
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this th== day oiLL, 2010.
""'l Notary Pub ' n and for The State of Texas
,A L1y, MEGAN NEWBORN g
Notary Public comm issi • n - xp
* ` rc * STATE OF TEXAS
� OF my Comm. Exp.07!17!2014
2
NOV -11 -2010 08:28 Rattikin Title Company P.003
EXHIBIT "A"
LEGAL DESCRIPTION
BEING 0.823 acre of land located in the RICHARD EADS SURVEY, ABSTRACT
NO. 481, City of Southlake, Tarrant County, Texas, and being all of the tract of
land conveyed to C. E. Eubanks, and wife, Marie Eubanks, by the deed recorded
in Volume 5734, Page 861 of the Deed Records of Tarrant County, Texas. Said
0.823 acre of land being more particularly described by metes and bounds as
follows:
BEGINNING at a W iron rod found at the Southeast comer of said Eubanks
Tract, lying in the West boundary line of Lot 1, Block 5, GATEWAY CHURCH -
114 CAMPUS, an addition to the City of Southlake, Tarrant County, Texas
according to the plat recorded in County Clerk's File No. D210005156 of the
Deed Records of Tarrant County, Texas;
THENCE S 89° 41' 43" W 150.04 feet, along the South boundary line of
said Eubanks Tract to a point at the Southwest comer of said Eubanks
Tract, from which a fence comer post lies 1.0 feet East;
THENCE N 03° 02' 06" E 238.89 feet, along the West boundary line of
said Eubanks Tract, to a "PK" nail set at the Northwest comer of said
Eubanks Tract, and lying in the approximate centerline of East
Highland Street;
THENCE N 89° 16' 23" E 150.10 feet, along the North boundary line of
said Eubanks Tract and the approximate centerline of East Highland
Street to a point at the Northeast comer of said Eubanks Tract;
THENCE S 03° 02' 06" W along the East boundary line of said Eubanks
Tract, at 35.05 feet passing a 5/8" iron rod found, marking the Northwest
corner of the aforesaid Lot 1, Block 5, GATEWAY CHURCH -114
CAMPUS Addition, and in all 240.00 feet to the POINT OF BEGINNING
containing 0.823 acre (35,864 square feet) of land.
NOTE: THE COMPANY GOES NOT REPRESENT THAT THE ABOVE
ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
0:200511EGALSIKH- HIGHLANDIROW 5
NOV -11 -2010 08:28 Rattikin Title Company P.004
E XHIBIT w8"
1 FLOOD NOTE: ' W
NO PORTION OF THIS PROPERTY LIES WITHIN A 100 —YEAR x 4.
FLOOD HAZARD ZONE, ACCORDING TO THE NATIONAL
FLOOD INSURANCE PROGRAM'S FLOOD INSURANCE RATE p-1 ..1
MAP FOR TARRANT COUNTY, TEXAS, AND INCORPORATED
AREAS, COMMUNITY -PANEL NUMBER 48439C0085K, MAP
REVISED SEPTEMBER 25, 2009. _ _ _ _ R_I_GHT —OF —WAY LINE_ _ _
r EAST HIGHLAND STREET
TP&L EASEMENT (VARIABLE WIDTH RIGHT —OF —WAY)
VOL 2163, PG. 335
D.R.T.C.T.
±915 TO q„ OF
/'-- - CARROLL VENUE _
0 ASPAMLT
PK NAIL SET p
a TP &L EASEMENT
4 VOL 1303, PG. 578 i sayourr
- e wea ■ ( D. R.T.C.T. I
, _ ,. _� -oe : - - .---11 *---at ■ ac—a— ar--- -ac —a ac ac________
'1 APPARENT PRESCRIPTIVE
RIGHT —OF —WAY LINE 0
/ v,.,
\ COVERED /
PORCH 1.1' - '
2' x 2' 48.3' P-11 _ I NORTHWEST CORNER
AC PAD EI.ECTRIC4 37 1.: 2'. 34.7' LOT 1, BLOCK 5
'T G/i -) ROp WOOD i N FRAME S HOUSE 1 w GA 1 CAMPUS CHURCH—
� w � $ED — PORCH 36.• .5 ,- -: D210005156
' 4 . - _/ /NE r CHAN UNK FENCE 3. 2
, 34
34Z P.R.T.C.T. i f--
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1
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1 CARROLL INDEPENDENT z LI 0 82;', l {'I t'
SCHOOL DISTRICT ; ' !' I; ! T T . j SHED - I {
VOL. 5734, PG. 1 859 r; �y ' , J o iv
� METAL
SHED IT. %?'G kel
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D.R.T.C.T. J�
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GP I
1.0' 1 44 N
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FEN ON UNE -\ ' • 1.5' 0 Z! ,,h,
89'41' 4:1 h 10(1.dr- OA�J C i'
POINT OF BEGINNING 4?' -1,. GOeyQct-
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1 (1/2" IRON ROD FOUND) 0.4'
CERTIFICATE I SURVEYED ON THE GROUND
THE PLAT HEREON IS A TRUE, CORRECT AND 0 F T OCTOBER 13, 2010
ACCURATE REPRESENTATION OF THE PROPERTY AS .• ....... '• F
DETERMINED BY SURVEY, THE LINES AND DIMENSIONS ?'.. A R E'o• y
OF SAID PROPERTY BEING AS INDICATED BY THE �; `A ■t/
PLAT. THE SIZE, LOCATION AND TYPE OF BUILDINGS
AND IMPROVEMENTS ARE AS SHOWN. ALL JAMES L. BRITTAIN ;,0 ( O
IMPROVEMENTS ARE SET BACK FROM THE PROPERTY .• .
UNES THE DISTANCE INDICATED, AND THERE ARE NO 1674 � JAMES L. BRITTAIN
ENCROACHMENTS OR EASEMENTS VISIBLE ON THE (*-..pr • ? s s; o Oq- REGISTERED PROFESSIONAL
GROUND, EXCEPT AS SHOWN. �'O SURV� LAND SURVEYOR
1 STATE OF TEXAS NO. 1674
W S OUTHLAKE SOUTHLAKE, TARRANT COUNTY, TEXAS
TEXAS KIRKWOOD BOULEVARD IMPROVEMENT PROJECT
BRITTAIN & CRAWFORD of
0
BOUNDARY SURVEY MAP SURVEYING &
TOPOGRAPHIC MAPPING 0.823 ACRE OF LAND ix
(817) 926 -0211 — METRO (817) 429 -5112 LOCATED IN -
FAX No. (617) 926 -9347 ryO�
P.O. 80X 11374 • 3908 SOUTH FREEWAY THE RICHARD EADS SURVEY,
FORT WORTH, TEXAS 76110 ABSTRACT No. 481
EMAIL: adminObrittoin— crowford.com
TARRANT COUNTY, TEXAS SCALE 1 " =40'
•
(J.U.) 101— SLAKE— KIRKWOOD \KH — SLAKE— KIRKWOOD —ROW DOGS —EU& NKS.dwg
NOV -11 -2010 08:28 Rattikin Title Company P.005
SUZANNE HENDERSON /. ••`''�a� . s
COUNTY CLERK
COU
1 100 West Weatherford Fort Worth, TX 76196 -0401
PHONE (817) 884 -1195
RATTIKIN TITLE COMPANY
201 MAIN ST STE 800
FT WORTH, TX 76102
Submitter. RATTIKIN TITLE COMPANY
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 11/1/2010 10:18 AM
instrument #: D210269785
D 5 PGS $28.00
By: -
D210269785
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
TOTAL P.005
GF# 10 -02070
RA.TTI
MI MBLR, . MITI Ik iry 1 • 1'1112,, A s_i. C.
AFFILIATED ENTITIES DISCLOSURE STATEMENT
To: City of Southlake
Wilma Burgess and Cleva Jo Lilly
Re: 1371 E Highland St
Southlake, Texas 76092
Date: October 29, 2010
NOTICE
Rattikin Title Company is providing you with certain closing and title insurance services in connection with the
above referenced transaction. Federal law requires that providers of real estate settlement services give the
parties written disclosure of its relationship with other affiliated entities which may provide other services in the
same transaction. This disclosure statement shall give you notice that some or all of the owners of RATTIKIN
TITLE COMPANY hold a beneficial ownership interest in the following entities, which may provide other services
on your behalf in connection with your transaction.
Company Type of Service Provided
AmeriPoint Exchange Services Tax deferred exchange services
AmeriPoint Title Group, L.L.P. Title Insurance Agent
Jack Rattikin Jr., P.C. Legal documentation
Jeffrey A. Rattikin, P.C. Legal documentation
Mortgage Solutions, Inc. Mortgage loan servicing
Rattikin & Rattikin, L.L.P. Legal documentation
Rattikin Exchange Services, Inc. Tax deferred exchange services
Rattikin Insurance Services, L.P. Property and casualty insurance agency
Real Estate Information Services Real estate records searches
Tarrant County Real Property Tax Service, Inc. Tax searches
Title Solutions, L.P. Real estate related services
You are NOT required to use any of the above named providers of services as a condition to the closing of your
transaction or the issuance of a title insurance policy. You are advised that there may be other providers
available which offer similar services, and you are free to retain another firm to provide such services to you.
By executing the acknowledgement below, you agree to utilize any services provided by the above referenced
firms in connection with your transaction.
If you have any questions regarding the nature of the relationship between any of the above referenced firms,
please feel free to contact your Rattikin Title Company escrow officer.
(10- 02070. PFD/10-02070/36)
GF# 10 -02070
AFFILIATED ENTITIES DISCLOSURE STATEMENT
(Continued)
Acknowledgement
I/We have read this Disclosure Statement, and understand that I /we may purchase settlement services from
some or all of the above referenced firms. I/We hereby agree to utilize the services of any of the above
referenced firms in connection with the closing of the above referenced transaction, and pay for the services
actually rendered.
BORROWER SELLER
City of S .. - e, Te GU.�.cu Lcap
/ Wilma Burgess C/
BY:
Name: John Terrell
Title: Mayor Cleva Jo Lill
(10- 02070. PFD /10- 02070/36)
0
AMENDMENT TO CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF TARRANT §
The Estate of Verna Marie Eubanks (hereinafter referred to as "Seller "), and the City of
Southlake, Texas (hereinafter referred to as "Purchaser ") agree to amend the previous contract of sale
signed by Seller on or about September 18, 2010, and signed by Purchaser on or about September 21,
2010, a copy of which earlier contract is attached hereto as Exhibit A., such contract to by amended as
follows:
1. Article I shall be amended to read as follows:
ARTICLE I. PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay
for, a tract of land situated in Tarrant County, Texas, which is more particularly described as follows:
a 0.8265 acre of land located in the RICHARD EADS SURVEY,
ABSTRACT NO. 481, in the City of Southlake, Tarrant County, Texas,
and being more particularly described by metes and bounds in Exhibit
"A ", attached hereto and incorporated herein for all purposes, and being
more particularly shown on a survey drawing marked Exhibit "B ",
attached hereto and incorporated herein for all purposes
together with all and singular the rights and appurtenances pertaining thereto, including any right, title and
interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and
appurtenances being referred to in this Contact as the "Property "), together with any improvements and
fixtures, situated on and attached to the Property.
Seller retains for itself, its legal representatives, successors and assigns forever, all of Seller's
interest in the oil, gas, and other minerals in and under and that may be produced from the Property
(collectively, the "Oil and Gas "); provided, however, not included within the definition of Oil and Gas are
minerals that form a part of the soil or surface such as sand, iron ore, gravel, uranium or limestone. Seller
waives and relinquishes any use of the surface of the Property for any reason, including without limitation,
the right to enter upon the Property, the exploration and /or removal of such Oil and Gas, and the right to
place or maintain any structures, improvements, equipment or pipelines in, on, under or across the
Property or to install any fixtures or facilities on the surface of the Property. Notwithstanding the
foregoing, such surface use waiver does not prohibit subterranean underground directional drilling
activities under the Property that begin upon and are conducted from the surface of real property other
than the Property, provided that such drilling activities at all times are sufficiently below the surface of the
Property as to not interfere with or disturb in any manner the present or future use to which Purchaser or
Purchaser's successors and assigns may desire to devote the Property; provided, however, in no event
shall the directional drilling or sub - surface activities be at depths less than five hundred (500) feet below
the overlying surface of the Property. Seller, and Seller's successors and assigns, shall be responsible
for any damages to the Property and any improvements from time to time located on the Property caused
by Seller's reservation of such minerals.
This Contract is made for the consideration and upon and subject to the terms, provisions, and
conditions set forth below.
2. Subsection (1) of Section 6.02 of Article V shall be amended to read as follows:
(1) Seller's delivery to Purchaser a duly executed and acknowledged General Warranty
Deed in the form attached hereto as Exhibit "C" conveying to Purchaser a fee simple title
Page 1
to the Property, free and clear of any and all liens, encumbrances, conditions,
assessments, and restrictions other than as provided in this Contract.
3. Subsection (4) of Section 6.02 of Article V shall be amended to read as follows:
(4) Seller shall deliver to Buyer possession of the Property in its present or required
condition, ordinary wear and tear excepted according to a temporary residential lease
executed by Seller's tenant in the form attached as Exhibit "E ". In no event shall the
tenant holdover period extend beyond November 15, 2010.
4. All provisions of the previous contract, including all deadlines contained therein, shall
remain in full force and effect except to the extent modified herein.
EXECUTED this ?l day of C'C O L , 2010.
SELLERS: PURCHASER:
CITY OF SOUTHLAKE, TEXAS
1 12
t �� z �� i. - By `—I re . .
Wilma Burgess f John Terrell, Mayor
1371 East Highland Street 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
r� lam? cu:E�Q
Cleva Jo Lilly "' V�
1371 East Highland Street
Southlake, Texas 76092
Page 2
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OFTARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Cleva Jo Lilly and Wilma Burgess, known to me (or proved to me on the oath of
or through `•r2C DI/ r vf_c S mac: [description of identity card or other document]) to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the . N.0 day of
OC70r3E.. , 2010.
Notary Public in and for
The State of Texas
My Commission Expires: L &'2 13A L.4 Nf) tJT r
Typed or Printed Name of Notary
� o , LORENZ EALANOUIT
Notary Public
•
•' � STATE OF TEXAS
• k
'Ptco ' My Comm. Exp. 0944 -11
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for said County, Texas, on this day personally
appeared John Terrell, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he is the Mayor of the City of Southlake, Texas and is duly
authorized to execute this Contract for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the o - day of
� G - (-o ,2010.
jr f3ay7p02___ • . • . • . • . • . • . " .
Notary Public in and r
The State of Texas
My Commission Expires: 10i) �� c t , • , , • • • • • •
\ wnui�uI/
Typed or Printed of Notary
P G 6 , •
• z -- - n
/ y
in � 91 E OF N'
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