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
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HIGH AND ESTATES
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i II:1,1, 11-'1 LOT 5 1 1 VOL 388-- 134, PC 100
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<' I HPOOP NO 1 511 ADDITION I! - PRTCT
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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 • __
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VOL 435d, PL; 13.
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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
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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
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EXHIBIT "Cl"
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F.-, I It .<
11t 1 721
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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.
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r''' R C,ti5 0 o I�
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, , 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