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J.B. Martin Survey, Abstract No. 1134, 1999 - Donation Deed OFFICIAL RECORD • Texas Department of Transportation 4002 -1 -3 Form D -15 -141 (Partial Taking) SH 114 Page 1 of 4 Rev. 12/92 Parcel 6 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 55 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 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 that are reflected in the public records or on that certain survey dated e—•crglIgri-, 1999, prepared by (St Areseciatzs, Inc.. .7: e t a. P ta. dr Z1 ars 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;r.l owever, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and inatealls tgerein and thereunder. '' • la { - W C it ,„‹ a) TXDOT Deed -MP Parcel 6 page 1 rev 8 -10 M me "., EXHIBIT A Page 1 of 2 � Tarrant County Parcel 6 SH 114 0353 -02 -052 From: Tarrant/Denton Co. Line 8002 -1 To 0.65 Mi. East of Dove Road September 1991 BEING 4.452 acres of land situated in the J.B. Martin Survey, Abstract 1134, Tarrant County, Texas and being out of and a portion of those certain tracts of land conveyed by deeds to International Business Machines Corporations as follows: a 3.041 acre tract as recorded in Volume 8775, Page 1863; a 1.682 acre tract, known as Tract One as recorded in Volume 7422, Page 2157; a 3.00 acre tract as recorded in Volume 8792, Page 1298; a 1.000 acre tract as recorded in Volume 8094, Page 1911; a 4.006 acre tract as recorded in Volume 7402, Page 1150; a 7.361 acre tract as recorded in Volume 8153, Page 481; and a 17.641 acre tract as recorded in Volume 10131, Page 100, all in Deed Records of Tarrant County, Texas; said 4.452 acres 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 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 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 the POINT OF BEGINNING being in the new westerly right of way line of State Highway 114; 1) THENCE South 88 deg. 29 min. 40 sec. East departing said new westerly right of way line and continuing along said common property line for a distance of 26.65 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: 2) South 36 deg. 32 min. 15 sec. East for a distance of 888.41 feet; 3) In a southeasterly direction following a curve to the right having a radius of 2181.83 feet, a central angle of 17 deg. 05 min. 52 sec., an arc length of 651.09 feet and a chord which bears, South 28 deg. 00 min. 50 sec. East, a distance of 648.68 feet; 4) South 19 deg. 25 min. 39 sec. East for a distance of 782.50 feet to the northwesterly cut -back corner of existing State Highway 114 and existing Dove Road; • • EXHIBIT A Page 2 of 2 Tarrant County Parcel 6 SH 114 0353 -02 -052 From: Tarrant/Denton Co. Line 8002 -1 To: 0.65 Mi. East of Dove Road September 1991 5) THENCE South 35 deg. 35 min. 21 sec. West along said cut -back for a distance of 86.02 feet to a point in the existing northerly right of way line of Dove Road also being in the southerly property line of said 7.361 acre tract of land; 6) THENCE North 89 deg. 25 min. 44 sec. West along the existing northerly right of way line of Dove Road for a distance of 360.78 feet to a point in the new northerly right of way line of Dove Road; THENCE along the new northerly right of way line of Dove Road as follows: 7) North 02 deg. 35 min. 55 sec. West for a distance of 35.47 feet; 8) South 89 deg. 24 min. 34 sec. East for a distance of 177.55 feet to a point in the new northwesterly cut -back of Dove Road and State Highway 114; 9) THENCE North 37 deg. 35 min. 34 sec. East along said cut back for a distance of 75.32 feet to a point 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: 10) North 12 deg. 31 min. 39 sec. West for a distance of 244.91 feet; 11) North 14 deg. 57 min. 00 sec. West for a distance of 488.29 feet; 12) North 19 deg. 01 min. 57 sec. West for a distance of 376.33 feet; 13) In a northwesterly direction following a curve to the left having a radius of 3568.68 feet, a central angle of 03 deg. 31 min. 10 sec., an arc length of 219.20 feet and a chord which bears, North 27 deg. 10 min. 32 sec. West, a distance of 219.17 feet; 14) North 36 deg. 32 min. 15 sec. West for a distance of 369.30 feet; 15) North 16 deg. 09 min. 40 sec. West for a distance of 37.34 feet; 16) North 36 deg. 32 min. 15 sec. West for a distance of 502.88 feet to the POINT OF BEGINNING, and containing an area of 4.452 acres of land, more or less. E F lF t � ��i lV� `(� � • � PARCII.6.TAR Al l ogan;,, <.- • * 4'0% N` - t2 _ c� l • BERNARD H. LOHEAC • 1" 9 1 9 0 4022 +e •rr S U Ct." • Texas Department of Transportation Form D -15 -12 (Partial Taking) Page 2 of 4 Rev.12 /92 Parcel 6 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 to the Southerly remainder abutting highway facility will be permitted between the end of the 7th call and the beginning of the 9th call of the foregoing field note description. (B) Access to and from Grantors' remaining property will be denied: Access will be denied between the beginning of the 9th call and the end of the 16th call of the foregoing field note description. • Texas Department of Transportation 4. 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 � 6 day of A&.l,.i• f , 1999. 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: /,r To '411 n 4 naging 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. �,; JAMES B. WINDIER 7 Y: 4 " :11 % ----- * � 5[r e = MY COMMISSION EXPIRES Notary Public, State of Texas • 7: 5 . _ a e 0 !!^^^lll r April 30, 2000 My Commission expires: TXDOT Deed Partial- page 2 rev l exas Depar ttent of Transportation Form D -15 -141 (Partial Taking) Page 4 of 4 Rev 12 \92 After recording please return this instrument to: THE CITY OF SOUTHLAKE ATTN: CITY SECRETARY 1725 E. Southlake Blvd. Southlake, TX 76092 In o - t id `, 4)6. 3 r V d t 0 Z A W a o � U -0 1 O N A 3 a. H ,.. o D `' O W ,p b u p O d °, .� Z a a O N a ,� H ;C: o o gly q::. O JY MCI `- u d a' Viz' [-" 4 w a' a CI ur Z a)0 Zd w� c A �' z c A a E" i° o o os Is, & O I I U m 0 z.. 3 p = .. 8... . Ci) 0, 0, Z O O V O 0 H H -(] UZUQw V RI al t t m • . • D199260904 SOUTHLAKE TEXAS CITY OF 1725 E SOUTHLAKE BLVD ATTN CITY SECRETARY SOUTHLAKE TX 76092 - W A R N I N G - T H I S IS PART OF THE OFFICIAL RECORD - -D 0 NOT D E S T R O Y 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 0: FIDELITY NATL TITLE AGENCY INC RECEIPT NO REGISTER RECD -BY PRINTED DATE TIME 200017559 DR92 D W 10/19/1999 08:30 INSTRUMENT FEECD INDEXED TIME 1 D199260904 WD 19991019 08:30 CK 5532 T O T A L: DOCUMENTS: 01 F E E S: 19.00 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.