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Item 5E Quit ClaimQUITCLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that the portion of the right -of -way of Dove Road located in the City of Southlake, hereinafter more specifically described and depicted as on Exhibit "A ", `B" and "D" attached hereto and incorporated herein, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ( "Grantor ") does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: Westerra Southlake, L.P. ( "Grantees "), and any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the right -of -way described on Exhibit "A ", `B" and "D" in proportion to their abutting ownership save and except for a utility easement for existing utility facilities. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described right -of -way unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim or demand any right or title to the aforesaid right -of -way premises or appurtenances or any part thereof. EXECUTED this day of , 2003. CITY OF SOUTBL.AKE, GRANTOR 0 MAYOR STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of 2003, by My commission expires: Return to: City Secretary City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 Notary Public in and for the State of Texas Type or Print Notary's Name EXHIBIT A LEGAL DESCRIPTION OF 0.221 ACRES OF LAND i BEING a tract of land situated in the T. Martin Survey, Abstract Number 1134, Tarrant County, Texas, and being a portion of that tract of land described by deed to Westerra Southlake, L.P., recorded in Volume 12615, Page 339, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a PK Nail found at the northeasterly corner of said Westerra tract, in the approximate centerline of existing Pleasant Run - White Chapel Road (County Road No. 3016); THENCE with the northerly line of said Westerra tract, S89 0 57'48 "1N, 25.00 feet, to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess ", set for the POINT OF BEGINNING at northerly line of said Westerra tract and the westerly right, -of -way line of said Pleasant Run —White Chapel Road; THENCE S00 0 54'45 "W, 25.00 feet with the westerly right -of -way line of said Pleasant Run — White Chapel Road, to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess ", set; THENCE S89 1 57'48 "W, 442.49 feet to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess ", set at the beginning of a non - tangent curve to the left; THENCE with said non- tangent curve to the left, an arc distance of 96.32 feet, through a central angle of 04 0 1419 ", a radius of 1302.00 feet, the long chord of which bears N77 0'59"E, 96.30 feet; THENCE N73 °42'52" E, 13.15 feet; THENCE N89 0 57'48 "E, 336.37 feet to the POINT OF BEGINNING, and containing 0.221 acres of land, more or less. C &B Job No. 010676.020.1.0001 Tracking No. N/A S #FW12W August 15, 2002 J:1 job1010676011sur1wp11eg167602BN5 , leg. DOC Page 1 of 2 NOTES - 1. BASIS OF BEARING IS THE RECOVERED NORTH LINE OF THE WESTERRA SOUTHLAKE, L.P. TRACT RECORDED IN VOLUME 12615, PAGE 339 OF DEED RECORDS, TARRANT COUNTY, TEXAS WITH A - 00 ° 35'09" ROTATION. 2. THIS SURVEY WAS PERFORMED WITHPOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE EASEMENTS AND OTHER MATTERS OF RECORD WHICH MAY AFFECT THE SUBJECT RACT MAY NOT BE SHOWN.. 3. BASED ON A REVIEW OF FLOOD INSURANCE RATE MAP, MAP NUMBER 48439CC185 H, REVISED AUGUST 2, 1995, THE SUBJECT PROPERTY DOES NOT LIE IN THE IOC YEAR FLOOD PLANE.. 4. TERMS AND CONDITIONS OF ORDINANCE NO. 71 -100, ENTITLED AIRPORT ZONING ORDINANCE OF THE DALLAS -FORT WORTH REGIONAL AIRPORT, RECORDED IN VOLUME 7349, PAGE 1106 OF DEED RECORDS, TARRANT COUNTY, TEXAS AFFECT THE SUBJECT PROPERTY. 1 0 100 200 300 I I FAQ- - GRAPHIC SCALE IN FEET I I I - _ --- _— _-- ____ -- I FIND IR IR I 1 A FIND P_ oin p I FNO - Begi. ni I I R 1 Lot I- 0 4 14 R =1 302. 00' ' " D0'V8 N73 42' 52" E L= 96.32' ' 1589 ° 5T 46 "W L. C. =N77 1 OZ 9^ E 1� 13 15 2?. 60 'Point Of N89 57' 48" E 336. 37' R" L Commencing — S00 °.5 "W SET S89 0 57' 48 "W 442. 49' s T 25. 00 5 /g.. zew 1 5 I I I C IA I I 1 0 WESTERRA SOUTI -LAKE, L. P. I ¢> Lot 1 -b V. 1. 12615, Pg. 339 - L D. R. T. C. T. O . CERTIFICATION I ]� I TODD A BRIDGES REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE N ^ O U . J o OF TEXAS, DO HEREBY CERTIFY THAT THE MAP SHOWN HEREON ACCURATELY I T� REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY MADE ON THE .I - { "C E .. o GROUND UNDER MY DIRECTION AND SUPERVISION IN OCTOBER, 2001, AND THAT 9 o ALL CORNERS ARE AS SHOWN. ". �• dl aI ® THERE ARE NO ENCROACHMENTS, EASEMENTS, CONFLICTS OR PROTRUSIONS APPARENT t ON THE GROUND EXCEPT AS SHOWN. Zy - -- .----- - - - - -- �_- - -- TODD A. BRIDGES ._ ... ............ _...........- _.........- .. -.... a 5d - - 4949 .TODD A. BRIDGES REGISTERED PROFESSIONAL LAND SURVEYOR - TEXAS REGISTRATION NO. 4940 DATED - 08 -12 -2002 CARTER & BURGESS INC. An Exhibit Showin 0.221 Acres of Lan 777 MAIN STREET FORT WORTH,TX 76102 (817) 735 - 6000 JOB # 010676:02010047 1 DATE: 08 -12 -2002 DRAWN: tab CHECKED: i i SHT. NO. 2 of 2 FILE: ]. \JOB \01067601 \SUR\676028N5.dgn DATFi 13 -4- -09 1 3, 9R EXHIBIT B LEGAL DESCRIPTION OF 0.123 ACRES OF LAND BEING a tract of land situated in the T. Martin Survey, Abstract Number 1134, Tarrant County, Texas, and being a portion of that tract of land described by deed to City of Southlake, and recorded in Volume 7354, Page 934, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a PK Nail found at the northeasterly corner of a tract of land described by deed to Westerra Southlake, L.P. and recorded in Volume 12615, Page 339, Deed Records of Tarrant County, Texas, also being in the approximate centerline of existing Pleasant Run - White Chapel Road (County Road No. 3016); THENCE with the northerly line of said Westerra Southlake tract, S89 1 57'48 "W, 25.00 feet, to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess ", set for the POINT OF BEGINNING at northerly line of said Westerra Southlake tract and the westerly right -of -way line of said Pleasant Run - White Chapel Road; THENCE continuing with the northerly line of said Westerra Southlake tract, S89 0 57'48 "W, 213.77 feet, to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess'; set; THENCE N00 0 21'35 "W, 25.00 feet to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess ", set; THENCE N89 °57'48 "E, 214.33 feet to a 5/8 inch iron rod with plastic cap stamped "Carter &Burgess ", set in the westerly right -of -way line of said Pleasant Run — White Chapel Road; THENCE S00 0 54'45 "W, 25.00 feet with the westerly right -of -way line of said Pleasant Run —White Chapel Road, to the POINT OF BEGINNING, and containing 0.123 acres of land, more or less. C &B Job No. 010676.020.1.0001 Tracking No. N/A S #FW12W May 08,2002 J:\ job\ 01067601 \sur \wp \leg \67602BN4.DOCPage 1 of 2 NOTES, N L BASIS OF BEARING IS THE RECOVERED NORTH LINE OF THE WESTERRA SOUTHLAKE, L.P. TRAC T RECORDED IN 12615, PACE339 OF DEED RECORDS, TARRANT.. COUNTY, TEXAS WITH A - 00 ° 35'09" ROTATION. 2. THIS SURVEY WAS PERFORMED Wi THPOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE EASEMENTS AND OTHER MATTERS OF RECORD WHICH MAY AFFECT THE SUBJECT PACT MAY NOT W E E BE SHOWN. 3. BASED ON A REVIEW OF FLOOD INSURANCE RAT MAP, MAP NUMBER 48439CO185 H, REVISED AUGUST 2, :1995, THE SUBJECT PROPERTY DOES NOT LIE IN THE 100 YEAR FLOOD PLANE. A. TERMS AND CONDITIONS OF ORDINANCE NO. 7.1 -100, ENTITLED AIRPORT. ZONING ORDINANCE OF THE DALLAS -FORT WORTH REGIONAL AIRPORT, RECORDED IN VOLUME 7349, PAGE .1.106 OF DEED. S RECORDS, TARRANT COUNTY., TEXAS AFFECT THE SUBJECT PROPERTY. I 0 100 200 300 I i IR GRAPHIC SCALE IN FEET ; R FIRO y� 17 pao •p. ''� R�EY A F �'`'' �'i '.. -��' �' I �I Lot 1 -a S 0 0 5 4' 4 5" W r SET `N89 57' 48" E SET I i 25. 00' _ — ' I R 214.33 1 IN 0 21 35" W R Point of ser .I ommencin X_ x 2 5. 00 p .. X 5 8 9 5 7 4 8 W..,. I g IS39°57 48 W 213.77 I y Point of Beginning WESTERRA SOUTFLAKE, I.- P. y Lot 1 -b Vo1. 12615, Pg. 339 O . R. T. C. T. 0 - CERTIFICATION y o I, TODD A. BRIDGES, REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE a OF TEXAS, 00 HEREBY CEPT19Y THAT THE .MAP SHOWN HEREON ACCURATELY. — REPRESENTS TNEDESCR - IBED PROPERTY AS DETERMINED BY ASURVEY MADE ON THE O F T '- GROUND UNDER MYDIRECTION AND SUPERVISION IN OCTOBER, 2001, AND THAT v ALL CORNERS AREAS SHOWN. ® K THERE ARE No ENCROACHMENTS EASEMENTS, CONFLICTS OR PROTRUSIONS APPARENT) dl "`� c ON THE GROUND EXCEPT AS SHOWN. '..� - # I z 1�3 T000 .. BRIDGES -4940 o T000 A. BR LDOES. REGISTERED PROFESSIONAL, LAND SURVEYOR �+ Qi "•eSSN.•' � TEXAS REGISTRATION NO. 4940 'I' -I O S R� DATED ....05 -10 -2002. II CARTER & BURGESS, INC. An Exhibit showing 0.123 Acr OI Land SHT. NO. .777 MAIN S TRE E T 7 8171735086 6102 JOB * 010676.020.1.0047 1 DATE: 10 -30 -2001 DRAWN: lab CHECKED: 1 of FILE: J. \JOB \01067601 \SUR \67602BN4.dgn nn .. TF , _nm.. ,.. e. 1 o_.. — 1. _o.. EXHIBIT D LAND DESCRIPTION BEING a tract of land situated in the R. D. Price Survey, Abstract No. 1207, Tarrant County, Texas, and being a portion of a tract of land as described in Special Warranty Deed to 300 Convent Street Corp. as recorded in Volume 12782, Page 110 of the Deed Records of Tarrant County, and being more particularly described as follows: COMMENCING at a Texas Department of Transportation concrete monument found at the most southeasterly corner of a corner clip at the intersection of the northerly right -of -way line of Dove Road with the easterly right -of. way line of State Highway 114 (variable width right -of -way) THENCE, South 89 degrees 32 minutes 23 seconds East, a distance of 1,472.14 feet to a one -half inch iron rod found with "Huitt- Zollars" cap; THENCE, South 89 degrees 08 minutes 45 seconds East a distance of 187.65 feet to a five - eighths inch iron rod found with "Carter & Burgess cap; THENCE, South 00 degrees 10 minutes 50 seconds West a distance of 25.00 feet to a PK nail found in the centerline of Dove Road; THENCE, South 89 degrees 08 minutes 45 seconds East along the centerline of Dove Road a`distance of 140.37 feet to a PK nail found at the POINT OF BEGINNING and being the beginning of a curve to the left having a radius of 1,292.00 feet; THENCE, in a easterly direction along said curve to the left with a central angle of 00 degrees 41 minutes 42 seconds, a radius of 1 ",292.00 feet, an arc distance of 15.67 feet a long chord that bears North 75 degrees 51 minutes 06 seconds East, a distance of 15.67 feet to a PK nail found; THENCE, North 74 degrees 15 minutes 17 seconds East, a distance of 141.29 feet to a 5l8 inch iron rod found with "Huitt- Zollars" cap on an easterly line of said 300 Convent Street Corp. tract, also being on the west line of a tract of land as described in instrument to the City of Southlake as recorded in Volume 7354, Page 934, Deed Records Tarrant County, Texas; THENCE, South 00.degrees 10 minutes 50 seconds West, along west line of said City of Southlake.tract, a distance of 44.42 feet to a PK nail set with shiner on the centerline of Dove Road; THENCE, North 89 degrees 08 minutes 45 seconds West, along said centerline of Dove Road, a distance of 151.06 feet to the POINT OF BEGINNING and CONTAINING 0.0763 acres of land, more or less. For Huitt- Zollars, c Huitt- Zollars, Inca D. Rik Winchester 3131 McKinney Avenue Registered Professional Land Surveyor Dallas, Texas 75204 Texas Registration No. 5I91 Date: December 2, 1998 i) Page 1 of t J ?Survry�2388\Otlwpltrim 12/211998. i , PROJECT SITE - N is LOCATION MAP en BASIS OF BEARINGS: THE SPECIAL WARRANTY DEED TO 300 CONVENT STREET CORP. AS RECORDED IN VOLUME 12782 PAGE 110 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS. A XG 4 300 CONVENT STREET CORP. VOL. 12782, PG. 110 D. R. T. C. T. i i CITY OF SOUTHLAKE VOL. 7354, PG. 934 _ D. R. T. C. T. W a Q ZS = 00'41'42" I = POINT OF COMMENCING R = 1292.00' V TxDOT CONCRETE L = 15.67' UJ MONUMENT FOUND CB = N75'51'06' "E -. 1p CH = 15.67 5/8 E 5�9 IflF S 00 W _ y� IRF _ ate CAP N T4 S 89 3223' E 5 89178'45" E 187.65" W/SHINER FOUND p,0183 Ap. Z 147214' NE R "45" DOVE ROAD S 89 E N 8908 W y t L N 0070'50" E 140.37 151.06' PK NAIL 25.00' PK NAIL W /SHINER FOUND W /SHINER SET POINT OF BEGINNING 2 . ,. 0 LEGEND IRS = 5/8" IRON ROD FOUND W /HUITT— ZOLLARS CAP DATE: DECEMBER 2, 1998 C &B = CARTER & BURGESS 100 0 100 PAGE 2 OF 2 SCALE EXHIBIT MAP HU[ BEING A PORTION OF THE R.D. Hoitl- Zoaare. Inc. Engineering / Architecture PRICE SURVEY, ABSTRACT No.. 3131 McKinney Ava.Ste. 800 Dals%Texee 75204 1207 CITY- OF SOUTHLAKE Phone 1214) 571 -33TI F ax @141 871-0767 TARRANT COUNTY, TEXAS