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Richard Eads Survey, Abstract No. 481, 2011 - Special Warranty Deed ORIGINAL DOCUMENT CITY OF SOUTHLAKE Council Action: Y I® Ord. /Res. No. Date Approved 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. Special Warranty Deed Date: Grantor: Carroll Independent School District Grantor's Mailing Address: Carroll ISD Administration Center 3051 Dove Road Grapevine, Texas 76051 Tarrant County, Texas Grantee: City of Southlake, Texas Grantee's Mailing Address: 1400 Main Street Southlake, Texas 76092 Tarrant County, Texas Consideration: Ten Dollars ($10.00) cash and other good and valuable consideration, including the exchange of that certain property (the "Exchange Property ") described in Exhibit "A ", attached hereto and by this reference incorporated herein for all purposes, title to which is accepted by Grantor the same as if the consideration represented by the exchange were paid in cash. There is no lien, either expressed or implied, created by the exchange of property. Any such lien is waived and released by Grantor. In addition to the consideration described above, Grantor finds that the conveyance of the property described in this instrument to be in the best interest of the Carroll Independent School District as a body, and in the public interest of its constituents. The conveyance is beneficial to the District in its mission. Property (including any improvements): (1) 0.211 acre of land located in the Richard Eads Survey, Abstract No. 481, City of Southlake, Texas, being described as follows: EXHIBIT B and EXHIBIT B1, attached hereto and made a part hereof. Special Warranty Deed 2IJ/) I3Y? p. 10 , (2) 0.291 acre of land located in the Richard Eads Survey, Abstract No. 481, City of Southlake, Texas, being described as follows: EXHIBIT C and EXHIBIT Cl, attached hereto and made a part hereof. Reservations from Conveyance: This conveyance is made and accepted subject to the reservation by Grantor of the oil, gas and all minerals in, under or that may be produced from the Subject Property, of every nature or character, including but not limited to, sand, gravel, stone, common clays, coal, lignite, and any other mineral customarily recovered by any surface destructive method, including but not limited to strip mining, and all forms of geothermal energy and related resources and all rights of ingress and egress related thereto. Exceptions to Conveyance and Those of record in Tarrant County, Texas, and those Warranty: matters that may be disclosed by an inspection of the property or a survey of the property. No joint enterprise: This is an exchange of property and property rights only. No provision of this Agreement shall be construed to create any type of joint ownership of any property, nor shall same be deemed to create a partnership, joint venture or other agreement which would be construed as granting partial control, ownership of or equity in the improvements and facilities described herein. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondeat superior shall not apply between them. Grantor, for the Consideration and subject to the Reservations from Conveyance and the 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 way belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The Property is being conveyed by Grantor and accepted by Grantee in its AS -IS, WHERE -IS condition. When the context requires, singular nouns and pronouns include the plural. Special Warranty Deed )aii►i 13)q p.2 it) EXECUTED on this the 29 day of APRIL , 2011. GRANTOR: CARROLL� h j jav r E NDENT SCHOOL DISTRICT Y B : / /,! Name: /A/ / aPt ° Title: / a%fyeNT j l li eo op Tettr e5' GRANTEE: CITY OF SOUTHLAKE, TEXAS, a municipality By: �— Name: Joff•v, C • k.e.,recl( Title: Ray(' )2111)13) Op D STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 1 2011, by / 1 n ' Vve61k 4, 6 6 Ey h (R ' 4 4 (title) of Carroll Independent School District, on behalf of Carroll Independent School District. k_ • • Notary Public, State of Texas • •• Notary's name (printed): •%•. • lp 2e .••• Notary's commission expires: STATE OF TEXAS § COUNTY OF TARRANT § This i strument was acknowledged before me on -N`i+ , 2011, by 36kvel 't 11 tu.k (title) of the City of Southlake, Texas, on behalf of the City of Southlake, Texas. Ri 0 b...) • ' • , S : Notary Public, State of Texas * • Notary's name (printed): '• •• 4 ! • Notary's commission expires: 10 -* AFTER RECORDING RETURN TO: superintendent i 1.i 16Z lei I1t�i o t txli-h10kt; Ii- 7(,C2) ORIGINAL DOCUMENT CITY O,SOUTHLAKE Council Action: Y Ord. /Res. No. _ Date Approved pain lL3)q EXHIBIT A "EXCHANGE PROPERTY" The City of Southlake, Texas, will abandon excess right of way that exists adjacent to Carroll Elementary School located on Continental Boulevard near the intersection of S. Peytonville, and more particularly described in the Interlocal Agreement for Land Exchange for Construction of Kirkwood Extension, entered in City of Southlake Ordinance 998. Carroll Independent School District and the City of Southlake, Texas, will enter into a long -term Encroachment Agreement for the existing District -owned High School parking improvements adjacent to South Peytonville Road. balII113g -51/D EXHIBIT "B" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY PARCEL 3 BEING 0.211 acre of land located in the RICHARD EADS SURVEY, ABSTRACT NO. 481, City of Southlake, Tarrant County, Texas, and being a portion of the tracts of and conveyed to Carroll Independent School District by the deed recorded in Volume 3922, Page 250, of the Deed Records of Tarrant County, Texas. Said 0.211 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point Tying in the approximate centerline of East Highland Street (a variable width right -of -way), and said POINT OF BEGINNING also lying N 03° 02' 06" E 240.00 feet, Thence S 89° 55' 52" W 300.00 feet from a ' /2" iron rod found at the Southeast corner of a 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; THENCE S 03° 02' 06" W 67.73 feet, along the East boundary line of said Carroll Independent School District Tract and the West boundary line of the tract of land conveyed to Carroll Independent School District by the deed recorded in Volume 5734, Page 859 of the Deed Records of Tarrant County, Texas, to a point in the new South right -of -way line of Kirkwood Boulevard; THENCE NORTHWESTERLY 158.42 feet, along the new South right - of -way line of said Kirkwood Boulevard, with a curve to the left having a radius of 1030.00 feet, a central angle of 08 °48'46 ", and a chord bearing N 84° 18' 50" W 158.27 feet, to a 1 /2" iron rod marked "Brittain & Crawford" set at the end of said curve to the left, and Tying in the East boundary line of the tract of land conveyed to Carroll Independent School District by the deed recorded in Volume 4358, Page 137 of the Deed Records of Tarrant County, Texas; THENCE N 01° 11' 36" E 51.77 feet, along the East boundary line of said Carroll Independent School District Tract, to a point lying in the approximate centerline of East Highland Street; THENCE N 89° 55' 52" E 160.00 feet, along the approximate centerline of East Highland Street to the POINT OF BEGINNING containing 0.211 acre (9,173 square feet) of land. Da 11111319 P. /POI /D G: 2009\LEGALS\KH- HIGHLANDIPROW 3 EXHIBIT "BI" LOT 11 1 lo < HIGH AND ESTATES < z' i II:1,1, 11-'1 LOT 5 1 1 VOL 388-- 134, PC 100 E <' I HPOOP NO 1 511 ADDITION I! - PRTCT I.?' I 1,1. CAB. A, 5' 1 345 1, 1 i IP 1 POINT OF BEGINNING - , _Li _LI FAST 1-11(il ELAND STREET 4 N 89 (VARIABLE WIDTH RIGHT-OF-WAY) io 160.00' S 8955 300.00' 5.1 „._ • • 1 23.3' — T - V SOU I H PROPOSED v..4 is: r-APPARENTI i PRESCRIPTIVE PIGHT-OP -WAY- . .-.1 jziGH1 -OF -WAY LINE o ••-■ L ..-4 in S 03°02'06"W I o 67.73' b o 1 .AR.ROl I. I EIDE r.n z 1/2" IRS • __ IN '7 )C 1 HOOL DIS I PIC I I VOL 435d, PL; 13. C, ' t 1).R 1 0 1 , . rri, 7 . 1 ... c. ■ 0 1 .-...- Of', • CV A=08° 48' 46' , 0 R=1030.00' ... k z L=158.42' CARROLL INDEPENDENT , O E EUBANKS and ■ SC,H001_ DISTRICT CH=N 84°18 i 'jot 5734. PG 859 i wIfe, MARIE EUBANKS 158.27' D P.T C T I VOL S PG. 861 ,.., D.P 1 N 1 1:2" -- t A1 I C OUN 1 Y CARROL L INOUYE:NUN' SCHOOL DISTRICT BEARD OF :RUSTLES VOL 3922, R0 250 liIRKWOOD 13OULEVARD VO1 833, PC 14.i 1 0 R T.0 T 1 (100' RIGHT ■ 1 I OA! EIWAY CHURCH < SURVEY 1 AREA TABLE , D204.3o3 /04 EA D- 481 1 oRTCT , NO. 0.211 ACRES TOTAL f? RAC' ABST (9,173 SQ. FT.) , 0.088 ACRE IN 1 1 PRESCRIPTIVE RIGHT-OF-WAY ■ 0.123 ACRE NET . I (5,354 SQ. FT.) 1 . , LEGEND 1 IRF = IRON ROD FOUND ,, ----------,--, SURVEYED ON THE GROUND 1/2" IRS = IRON RODS SET ARE NOVEMBE" 24, 2009 \ c,.. .......... ,,, ,,,,- ., , =, re -, • _L 1/2" IRON RODS MARKED ''..;;;<::-',...‘, .- "BRITTAIN & CRAWFORD" (r) Its z (2/ , CHRI:1, I_ / BLEVINS 1* • • 11' HRIS L. BLEVINS \ te,44, REGISTERED PROFESSIONAL LAND SURVEYOR STATE OF TEXAS NO. 5792 SOUTHLAKE Ell SOUTHLAKE, TARRANT COUNTY, TEXAS T rx.s KIRKWOOD BOULEVARD IMPROVEMENT PROJECT EXHIBIT MAP 1 BP.Iri & CRAWFORD 1 1 OF Li TOPOGRAPHIC MAPPING 0.211 ACRES OF LAND il i8t ': 51E-021 - MOHO (81 ) 429 --112 LOCATED IN ... , ---..-.)=--- 134 ' • r 8 3 ' 9 7 0 ) 8 4 r 7 PE EV, v THE RICHARD EADS SURVEY, , r , , c,ki wow, 1E,, /61:c, ABSTRACT No. 481 Fko,,,, ,,,,-,,,,,,,-.,,,,,",,,,-.„. TARRANT COUNTY, TEXAS SCALE 1";= 100' 0 tJ Xi — SLAKE — KIPKW00(3 \ Kli —SLAfr'sC -KIRxwoop -4.204V 0005 -COLO PAPCEI 3 , b21111131q p 71 Y I° EXHIBIT "C" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY PARCEL 4 BEING 0.291 acre of land located in the RICHARD EADS SURVEY, ABSTRACT NO. 481, City of Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Carroll Independent School District by the deed recorded in Volume 5734, Page 859, of the Deed Records of Tarrant County, Texas. Said 0.291 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a point Tying in the approximate centerline of East Highland Street (a variable width right -of -way), and said POINT OF BEGINNING also Tying N 03° 02' 06" E 240.00 feet, Thence S 89° 55' 52" W 150.00 feet from a 1 /2" iron rod found at the Southeast corner of a tract of and 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; THENCE S 03° 02' 06" W 105.80 feet, along the West boundary line of said Eubanks Tract and the East boundary line of the tract of land conveyed to Carroll Independent School District by the deed recorded in Volume 5734, Page 859 of the Deed Records of Tarrant County, Texas, to a 1 /2" iron rod set in the new South right -of -way line of Kirkwood Boulevard; THENCE NORTHWESTERLY 152.89 feet, along the new South right - of -way line of said Kirkwood Boulevard, with a curve to the left having a radius of 1030.00 feet, a central angle of 08 °30'17 ", and a chord bearing N 75° 39' 19" W 152.75 feet, to a 1 /2" iron rod marked "Brittain & Crawford" set at the end of said curve to the left, and Tying in the East boundary line of the tract of land conveyed to Carroll Independent School District by the deed recorded in Volume 3922, Page 250 of the Deed Records of Tarrant County, Texas; THENCE N 03° 02' 06" E 67.73 feet, along the East boundary line of said Carroll Independent School District Tract, to a point lying in the approximate centerline of said East Highland Street; THENCE N 89° 55' 52" E 150.00 feet, along the approximate centerline of East Highland Street to the POINT OF BEGINNING containing 0.291 acre (12,707 square feet) of land. G20091LEGALSIKH- HIGHLAND\PROW 4 Dd11111319p.Ye /U EXHIBIT "Cl" . . , , 1 , I II s. F.-, I It .< 11t 1 721 I i`� 111 mf L ,1 11 1 '-, 1-,`:1 sl HIC HLAN< ESTATES I f' f If >✓(_1 ,5,68 - 1 34. 1' 'JC I 1- I 1 LOT 5 1 I' tr' T C 1 f > I ° r THROOP t- 1 `: 1 1 ACr5! OH ' 1, I I i ¢ I CAB A, SL . I. 4 1 I ° I P R.T -C T. I I t 1 �l POINT OF BEGINNING - - - - - 1 - - -._._ EAST HIGHLAND STREET N 89 °55 "E ` (VARIABLE WIDTH RIGHT -OF -WAY) 150.00' o 4..S 89'55 150.00' i 4 APPAl LNT PRESCRIPT IVE RIGFiT - OE- WAY- CO !Ls f ^ - t -s N-4 PROPOSED FIGHT -OF -WAY LIN1 O 6. • 0'O J o N. 'r..� O YI Z - , / yril r''' R C,ti5 0 o I� W , , 1/2" IRS , > _ t/ ] FiG'& o tJF ; cv I =08 ° 30' 17" -- - f o ■ .../41 R= 1030.00' CARROLL 11'NDEPENDENT � 1 j z .AR PI`)LL INDEPENDENT =15 .89 r SCHOOL D ISTRICT f C.l.. EIi3ANKS Ur,d i' I 5C;1I1) € PIDTR V�JL 6734 ria 8')3 ' w: le. MARIE F UBANKS , VOL 358, Pt 13 CH =N 75°39'19"W 1; R.T C T VOL 5 PG 861 ,R.TC .1. 152.75' D T . T RF IARRAN1 1 C OLJN BOARD OF Tf,U Y CARROLL IND SCHOOL DISTRICT OA 1333, Pc. 144 Vi / l_. � 11. � 250 EIRKWOOD BOULEVARD C7 h t is t. D.1< 1 C. T (100' RIGHT - - WAY) H -I , Y I GATEWAY CHUPC1 -1 S URV E I AREA TABLE D2C'43o37D4 RI� NAR R AC X10. 4 81 0.291 ACRES TOTAL L T' T C Ag5 (12,707 SQ. FT.) 0.081 ACRE IN PRESCRIPTIVE I RIGHT -OF -WAY J 0.211 ACRE NET ' (9,194 SQ. FT.) , LEGEND IRE = IRON ROD FOUND , „.„,,, SURVEYED ON THE GROUND 1/2" IRS = IRON RODS SET ARE t .••.. r••. r� NOVEMBE' 24, 2009 1/2" IRON R005 MARKED : w y P.,- ' "BRITTAIN & CRAWFORD' ' � ' •;f' // - CHRIS L. BLEVINS - , C....--.. 57`4' HRIS L. BLEVINS 9, * " 5 5 T. - . 14.. : (. .) . • �Se REGISTERED PROFESSIONAL U suR \I` LAND SURVEYOR STATE OF TEXAS NO. 5792 I SOIJTHLAKE, TARRANT COUNTY, TEXAS ,' ; SOUTHLAItE KIRKWOOD BOULEVARD IMPROVEMENT PROJECT TEXAS �) / ^+ EXHIBIT MAP BRITTAIN & CRAWFORD OF z 0 LAND SURVEYING & s r r TOPOGRAPHIC MAPPING 0.291 ACRES OF LAND I ,, ,.zF;_,,11 , . , ar =.P0 (8 =, 171 4zg_ 12 LOCATED IN --.C5 A0 4 81-1) O FREEWAY THE RICHARD FADS SURVEY, TN, i7 P.. BOA 143'73 • 3 3 7 5OU 11T0 F,;W� w,}h,r° 'E 'A` '7110 ABSTRACT No. 481 LMAII :.,,,„ o,„., - i rnwfnr d.1. am TARRANT COUNTY, TEXAS SCALE 1"=100' t0',U) KH- SLAKE- KIFcKWOOO \KH -S rKE- KlZWOOG -fR'OW DCCS -Ct5D- PARCEL 4 dwy 11,/11114lf n ar/ /A MARY LOUISE GARCIA ..,.•... COUNTY CLERK .4 100 West Weatherford Fort Worth, TX 76196 -0401 •' PHONE (817) 884 -1195 CITY SECRETARY CITY OF SOUTHLAKE 1400 MAIN STREET 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 5/11/2011 1:01 PM Instrument #: D211111319 WD 10 PGS $48.00 By: D211111319 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: DBWARD