A-2025 (Maguire Partners - Solana Land) Electronically Recorded Tarrant County Texas
Official Public Records 11/22/2011 2:17 PM D211283764
I` &tirthi, PERMANENT 00
Mary Louise Garcia
NOTICE OF CONFIDENTIALITY 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
PERMANENT WATERLINE EASEMENT
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, MAGUIRE PARTNERS - SOLANA LAND, L.P., a Texas limited partnership
of the County of Tarrant, State of Texas ( "Grantor "), 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 ( "Grantee "), receipt of which is hereby acknowledged,
does hereby grant, bargain and convey to said Grantee, its successors and assigns, the non-
exclusive right to construct, reconstruct and perpetually maintain a thirty inch (30 ") water line,
together with all necessary appurtenances thereto (collectively, the "Water Line "), and with the
right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary
to the proper use of the rights granted herein, and for the purpose of constructing, reconstructing
and maintaining said Water Line, and for making connections therewith, in, upon and across that
certain tract or parcel of land in Tarrant County, Texas, being described in EXHIBITS "A" and
"B ", attached hereto and made a part hereof (the • "Easement Area ").
NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS MADE
BY GRANTOR AS TO THE CONDITION OR SUITABILITY OF THE EASEMENT
AREA, OR OF ANY IMPROVEMENTS NOW OR HEREAFTER LOCATED ON SUCH
ARE, AND THE SAME IS ACCEPTED BY GRANTEE IN ITS "AS IS ", "WHERE IS ",
CONDITION, AND "WITH ALL FAULTS ", AND WITHOUT ANY REPRESENTATION
OR WARRANTY.
Subject to the foregoing, Grantor expressly retains, reserves, and shall continue to use
and enjoy the Easement Area for any and all purposes whatsoever which do not unreasonably
interfere with the use and enjoyment by Grantee of the easement granted herein, including, but
not limited to, the right (i) to construct or locate upon the Easement Area pavement, roadways
and such other items or materials (except for permanent buildings and permanent structures) as
Grantor shall desire; (ii) to use the Easement Area for pedestrian and vehicular ingress and
egress; and (iii) to permit an overlapping gas transmission pipeline easement in, upon and across
the Easement Area, provided the horizontal distance between the centerline of the Water Line
and any such future gas pipeline shall be no less than fifteen feet (15'), and Grantee agrees to
cooperate with Grantor in connection with the granting and use of any such gas transmission
pipeline easement.
Following any construction, reconstruction or maintenance of the Water Line, Grantee
shall at its expense promptly restore the remainder of the Easement Area to substantially the
same condition that existed prior to any such construction, reconstruction or maintenance.
ORIGINAL DOCUMENT
517280 000001 FTWORTH 180157.1 1 CITY OF SOUTHLAKE
Council Action:l' N Ord. /Res. No.
Date Approved t /Q,
Grantee shall be solely responsible for the performance of any maintenance or repairs that may
be required from time to time to the Water. Line. During construction, reconstruction or
maintenance of the Water Line, Grantee will use reasonable efforts to keep the Easement Area
free of debris arising out of construction activity.
All work performed by Grantee within and about the Easement Area shall be performed
in a good and workmanlike manner and in compliance with all applicable laws, rules,
regulations, ordinances, directives, covenants, easements and restrictions of record. Grantee
shall not permit any mechanics' or materialmen's liens to attach to the Easement Area as a result
of the exercise of Grantee's rights set forth herein. If any mechanics' and/or materialmen's liens
are attached to the Easement Area in connection with Grantee's exercise of its rights hereunder,
and Grantee fails to fully discharge such lien, by bonding or otherwise, within ten (10) days after
receipt of notice thereof, then Grantor may bond, insure over or otherwise discharge the lien and
Grantee shall reimburse Grantor for any amounts paid by Grantor, including without limitation
reasonable attorneys' fees.
Grantee shall cause all contractors of Grantee entering the Easement Area to obtain and
keep in force at their sole expense commercial general liability insurance with a minimum
combined single limit of $5,000,000 for each occurrence. Said insurance shall name Grantor as
additional insured and shall be issued by an insurance company authorized to do business in the
State of Texas. A certificate evidencing such coverage shall be delivered to Grantor on or before
the date such contractor of Grantee enters upon any part of the Easement Area.
Grantee hereby releases Grantor and each of its employees and agents and their
respective successors and assigns from any and all claims, demands, proceedings, lawsuits,
liabilities, damages, fines, judgments, or expenses arising on account of injury, death, or damage
to persons or property on the Easement Area, to the extent any such injury, death, or damage
may be incident to, arise out of, or be caused, in whole or in part, by Grantee's entry onto the
Easement Area or the construction, reconstruction, or maintenance of the Water Line, except to
the extent the same is caused by the negligence or willful misconduct of Grantor, its employees
or agents. Further, in no event shall Grantor be liable for any damage to Grantee's property
caused by any tenant, licensee, contractor, or invitee of Grantor or its affiliates, or by any other
third parties. Notwithstanding anything to the contrary herein, in no event shall Grantor be liable
to Grantee for any consequential, special or punitive damages in connection with any claims
arising under this Permanent Waterline Easement.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns. The
rights herein granted are made and accepted by Grantee subject to all matters of record, to the
extent they validly affect the Easement Area.
[Signature and Acknowledgement Page Follows]
517280 000001 FTWORTH I80157.1 2
Daiiag37 4 ip.a 9
WITNESS OUR HANDS, this the If0 day of 1Gµ j,W', 2011.
GRANTOR:
MAGUIRE PARTNERS - SOLANA LAND, L.P.,
a Texas limited partnership
By: Maguire Partners -Solana Land GP, a
Delaware limited liability company, its
general partner
By 111111111P
Name. om Al en
Title: • : r
GRANTEE:
CITY OF SOUTHLAKE, TEXAS
By:
John Terrell, Mayor
GRANTOR'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this day of (1. , 2011
by Tom Alien, Manager of Maguire Partners -Solana Land GP, a Delaware limited liability
company, the general partner of Maguire Partners -Solana Land, L.P., a Texas limited
partnership, on behalf of said limited partnership.
� LORI N REAP d'1 (5A.A Q.,nev \ � e p
'' � MI
MY COMMISSION EXPIRES - F
„s November22, 201a Notary Public in and for The State of Texas
Commission Expires: l t l c,g l 4
517280 000001 FTWORTH 180157.1 3
bglIal37/04 p.3
WITNESS OUR HANDS, this the — day of , 2011.
GRANTOR:
MAGUIRE PARTNERS - SOLANA LAND, L.P.,
a Texas limited partnership
By: Maguire Partners -Solana Land GP, a
Delaware limited liability company, its
general partner
By:
Name: Tom Allen
Title: Manager
GRANTEE:
CITY OF SOUTHLAKE, TEXAS
By :
John Terrell, Ma ■ or
GRANTOR'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this day of 2011
by Tom Allen, Manager of Maguire Partners - Solana Land GP, a Delaware limited liability
company, the general partner of Maguire Partners- Solana Land, L.P., a Texas limited
partnership, on behalf of said limited partnership.
Notary Public in and for The State of Texas
Commission Expires:
517280 000001 J 'WORTH 180157.1 3
Dauas37 p. iJca
GRANTEE'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this 1 C d a of d�
Y , 2011
by John Terrell, Mayor of the City of Southlake, Texas, a municipal corporation of Tarrant
County, Texas, on behalf of said municipal corporation.
00 0000 00
►r
r t " Notary Public in and for The St to of Texas
; *; Commission Expires: "' - ?o t • . • o
517280 000001 FPWORTH 180157,1 4
)311Z310110.5V
CONSENT AND SUBORDINATION OF MORTGAGEE
CLG Hedge Fund, LLC, a Nevada limited liability company ( "Mortgagee "), is the legal
owner and holder of certain indebtedness of Maguire Partners- Solana Land, L.P., a Texas limited
partnership, which is secured by, among other things, a deed of trust lien granted in that certain
Deed of Trust, Security Agreement and Assignment of Leases and Rents dated December 17,
2008, from Maguire Partners - Solana Land, L.P., a Texas limited partnership, to Lawrence C.
Adams, Trustee, recorded under County Clerk's file number D208460262 of the Real Property
Records of Tarrant County Texas and a deed of trust lien granted is that certain Second Lien
Deed of Trust, Security Agreement and Assignment of Leases and. Rents dated September 17,
2010, from Maguire Partners - Solana Land, L.P., a Texas limited partnership, to Lawrence C.
Adams, Trustee, recorded under County Clerk's file number D210231912 of the Real Property
Records of Tarrant County, Texas (collectively, the "Deed of Trust ").
Mortgagee hereby joins in this Permanent Waterline Easement for the sole purpose of
consenting to the Permanent Easement and subordinating the Deed of Trust and all other liens it
may have securing such indebtedness to the Permanent Waterline Easement and the interests of
the City of Southiake and its successors and assigns, in and to the Permanent Waterline
Easement. The undersigned has the authority to execute this Consent and Subordination on
behalf of Mortgagee and represents, in that regard, that all corporate action has been taken by
Mortgagee to make this a binding Consent and Subordination.
CLG Hedge Fund, LiC, a Nevada limited liability
compai Li
f,
By: =�
Printed N t e l m iafi sf fAiLA.It , - G
Title: ratkI ( v i -wpm ,,,•
TA
THE STATE OF
COUNTY OF C.^
This instrument was acknowledged before me on it) - . . K r f , 2011,
by A j - s 5 ; .. , A „ .: Y(Al of CLG Hedge Fund,
LLC, a Nevada limited liability company, on behalf of said limitecd'liability company.
Notary Pu lic Signature
f
State of
(seal)
,11111111 /
Notary public S a
o • i tO MY Comrnls Texas
"' f1111 ' April 29, ton Ex
517280 000001 FTWORTH 180157.1 5
N►1933764.p. big
EXHIBIT "A"
LEGAL DESCRIPTION
30' PERMANENT WATER LINE EASEMENT
BEING 2.646 acres of land located in the W. H. Pea Survey, Abstract. No. 2025, J. Henry
Survey, Abstract No. 742, W. Medlin Survey, Abstract No. 1958, & C. M. Throop Survey,
Abstract No. 1510, Town of Westlake, Tarrant County, Texas, being the portion of the tract of
land designated as Tract 2 in the deed to Maguire Partners - Solana Land, L.P., recorded in
County Clerk's file number D203231446, of the Deed Records of Tarrant County, Texas. Said
2.646 acres of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the most Northerly South boundary line of said Maguire
Partners tract, and the North boundary line of Lot 1, Block 1, Westlake /Southlake Park
Addition No. 1, according to the Plat recorded in Volume 388 -214, Page 78, of the Plat
Records of Tarrant County, Texas, located S 89° 26' 14" W 52.49 feet from the most
Easterly corner of said Maguire Partners tract;
THENCE S 89 °26' 14" W 37.15 feet, along the North boundary line of said Lot 1, Block
1, to a point;
THENCE along a line 60 feet South of and parallel to the Southwest right -of -way line of
the State Highway No. 114, as follows:
1. N 36 °4T 30" W 36.85 feet, to a point;
2. N 64 °53' 18" W 48.64 feet, to a point;
3. N 54 °48' 39" W 404.53 feet, to a point at the beginning of a curve to the
left;
4. NORTHWESTERLY 384.73 feet, along said curve to the left having a
Radius of 2649.79 feet, a central angle of 8° 19' 08 ", and a chord bearing
of N 58 °58' 13" W 384.39 feet to a point at the end of said curve;
5. N 63 °07'47" W 399.89 feet, to a point;
6. N 71 °36'59" W 1436.05 feet, to apoint;
7. N 77 °59'34" W 746.72 feet, to a point:
8. N 71°36'59" W 230.68 feet, to a point;
THENCE S 33 °26 57" W 88.01 feet, to apoint;
THENCE N 73 °28' 32" W 30.00 feet, to a point in the new East right -of -way line of
Precinct Line Road;
THENCE N 16 °31' 28" E 58.98 feet, along the new East right -of -way line of Precinct
517280 000001 FTWORTH 180157.1 A -1
l ll ag3V1. p. 760
Line Road, to a point in the South line of an existing Utility Easement, dedicated
to The City of Southlake, by the deed recorded in Volume 13679, Page 124, of the
Deed Records of Tarrant County, Texas;
THENCE along the South line of said Utility Easement, as follows:
1. S 71°36' 59" E 16.44 feet, to a point;
2. N 18 °23' 01" E 28.74 feet, to a point;
3. N 59 °32' 44" E 37.55 feet, to a point;
THENCE continuing along the South line of said Utility Easement, and along a line 30
feet South of and parallel to the Southwest right -of -way line of State Highway No. 114,
as follows:
1. S 71°36' 59" E 242.62 feet, to a point;
2. S 77 °59' 34" E 746.72 feet, to a point;
3. S 71°36' 59" E 1439.95 feet, to a point;
4. S 63 °07' 47" E 402.12 feet, to a point at the beginning of a curve to
the right;
5 . SOUTHEASTERLY 389.09 feet, along said curve to the right, having a
Radius of 2679.79 feet, a central angle of 08 °19' 08" and a chord bearing
of S 58 °58' 13" E 388.74 feet to a point at the end of said curve;
6. S 54 °48' 39" E 401.88 feet, to a point;
7. S 64 °53' 18" E 53.53 feet, to a point;
THENCE S 36 °42 30" E 66.29 feet, to the POINT OF BEGINNING, containing 2.646
acres (115,250 square feet) of land.
517280 000001 1FTWORTH 180157.1 A -2
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EXHIBIT "B"
30' PERMANENT WATER LINE EASEMENT
EXHIBIT "B" 1/2 • � � 4 . , AY
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PERMANENT t6 °.
S 30' WIDE NATERLINE [S ro
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Course Bearing Distance X
Lt Red: 1492.50' Arc: 403.66' 0 ,i . " e .,
Tan: 203.18' CA: 19 g
Chd: N 26'29'29' E 402.33' . o
L2 N 18'25'20" E 185.45' 1 , ''
L3 N 16 E 210.34' PERMANENT
L4 9 79'28'32" E 30.00' /�� %
15 9 16 W 210.89' 30' WIDE WATERLINE /'
L8 8 18 W 183.85' 1/
L7 Rad: 1462,50' Arc: 427.48' EASEMENT No.1 /
Tan: 216.27' CA: 75'44'49' 2.646 ACRES
Chd: 8 28 W 425.94' (115,250 SQ.F•) / / � r
•
18 N 55'44'55' 9 14.96'
L9 N 09'29'58" W 21.47' /1 ' O /
L10 5 65 °29•14 W 37.15' j
111 N 38 W 96.65' MAOWRE PARTNERS- 90LANA / 1 -
172 N 64'53'1407 48.84' LANG, LP, TRACT 2 0 1 ..�
L13 00 54'46'39' W 404.53' C.C.{3603631446 /
114 Rad: 2849.79' Arc: 304.73' b•R.T.C.Tr / �� )„�
Tin: : 792.70' CA: 8 /� o o If' /,
Chd: N 58 W 984.38'
L15 N 63 W 399.89' / $,A ? /
L16 N 71'36'59' W 1436.05' /,
117 N 77 W 746.72' /'
LIB N 71'98'59' W 230.88' , •��'
119 8 33'26'57' W 66.01' '
L20 _ N 73 W 30.00' ,s �
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L27 N 16'37'28' E 58.98' /'
/
L22 8 71 E 16,44'
,
L23 N 18`23'01` E 28.74' /' � � . ' •
L24 N 59 E 37.56'
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L25 0 71 E 242.65' '' 9p 1
126 9 77 E 746.72' � / PIPA'!
L27 9 1'38'69' E 1139.95' ,' : • 7j �1 •'•
L28 S 63 °0T / ^4'•'
47• E 402,12' / / "mot / •
L29 Red: 2879.79' Arc: 389.09' ;
�
Tan: 184.69' CA: 8'19'08' / /, / �r /�' .
l9
Chd: 9 58 E 988.74' /, ��' 1 /'• "� ��
130 9 64'48'39` E 401.68'
L31 8 64 E 53.53' ;r / 4 MAY 7. 2009
132 9 36 E 88.30' °/, / /
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- SouNIAKE/WESTIAKE No. 1510, CITY OF WESTLAKE,
/ -' re0 Kp0D MON Na 1 TARRANT COUNTY, , TEXAS 5(ALE 1"=300'.11
11 (K.C.) DATA \ FN\ FN _SOUTHLAKE_WTL_09 \'_PERM_1.DWG,
■
517280 000001 FTWORTH 180157.1 B_1
. D090710 1 1 0919
Electronically Recorded Tarrant County Texas
Official Public Records 11/22/2011 2:50 PM D211283855
" er `)R TEMPORARYE;E . 00
Mary Louise Garcia
NOTICE OF CONFIDENTIALITY 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
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, MAGUIRE PARTNERS - SOLANA LAND, L.P., a Texas limited partnership
of the County of Tarrant, State of Texas ( "Grantor "), 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 ( "Grantee "), receipt of which is hereby acknowledged,
does hereby grant, bargain and convey to said Grantee, the non - exclusive, temporary right to
construct facilities, roads or utilities, with all necessary appurtenances thereto, and with the right
and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to
the proper use of the rights granted herein until a time not to exceed eighteen (18) months from
the date hereof (the "Term "), in, upon and across that certain tract or parcel of land in Tarrant
County, Texas, being described in EXHIBITS "A" and "B ", attached hereto and made a part
hereof (the "Easement Area "), solely for purposes of facilitating the construction of a thirty inch
(30 ") water line on the thirty foot (30') wide tract of land located immediately adjacent and
parallel to the Easement Area, as more particularly described in that certain Permanent Waterline
Easement granted by Grantee to Grantor contemporaneously herewith, which Permanent
Waterline Easement is recorded under Document Number pZt g57& t in the Real Property
Records of Tarrant County, Texas.
NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS MADE
BY GRANTOR AS TO THE CONDITION OR SUITABILITY OF THE EASEMENT
AREA, OR OF ANY IMPROVEMENTS NOW OR HEREAFTER LOCATED ON SUCH
ARE, AND THE SAME IS ACCEPTED BY GRANTEE IN ITS "AS IS ", "WHERE IS ",
CONDITION, AND "WITH ALL FAULTS ", AND WITHOUT ANY REPRESENTATION
OR WARRANTY.
Subject to the foregoing, Grantor expressly retains, reserves, and shall continue to use
and enjoy the Easement Area for any and all purposes whatsoever which do not unreasonably
interfere with the use and enjoyment by Grantee of the easement granted herein.
Prior to the expiration of the Tenn, Grantee shall at its expense promptly restore the
Easement Area to substantially the same condition existing as of the date hereof. Grantee will
use reasonable efforts to keep the Easement Area free of debris arising out of construction
activity.
All work performed by Grantee within and about the Easement Area shall be performed
517280 000001 FTWORTH 1 80157,1 1
lenametteetorro.~. vow..
in a good and workmanlike manner and in compliance with all applicable laws, rules,
regulations, ordinances, directives, covenants, easements and restrictions of record. Grantee
shall not permit any mechanics' or materialmen's liens to attach to the Easement Area as a result
of the exercise of Grantee's rights set forth herein. If any mechanics' and/or materialmen's liens
are attached to the Easement Area in connection with Grantee's exercise of its rights hereunder,
and Grantee fails to fully discharge such lien, by bonding or otherwise, within ten (10) days after
receipt of notice thereof, then Grantor may bond, insure over or otherwise discharge the lien and
Grantee shall reimburse Grantor for any amounts paid by Grantor, including without limitation
reasonable attorneys' fees. The provisions of the preceding sentence shall survive the expiration
or termination of this Temporary Construction Easement.
Grantee shall cause all contractors of Grantee entering the Easement Area to obtain and
keep in force at their sole expense commercial general liability insurance with a minimum
combined single limit of $5,000,000 for each occurrence. Said insurance shall name Grantor as
additional insured and shall be issued by an insurance company authorized to do business in the
State of Texas. A certificate evidencing such coverage shall be delivered to Grantor on or before
the date such contractor of Grantee enters upon any part of the Easement Area.
Grantee hereby releases Grantor and each of its employees and agents and their
respective successors and assigns from any and all claims, demands, proceedings, lawsuits,
liabilities, damages, fines, judgments, or expenses arising on account of injury, death, or damage
to persons or property on the Easement Area, to the extent any such injury, death, or damage
may be incident to, arise out of, or be caused, in whole or in part, by Grantee's entry onto the
Easement Area or the construction of facilities, roads or utilities as permitted herein, except to
the extent the same is caused by the negligence or willful misconduct of Grantor, its employees
or agents. Further, in no event shall Grantor be liable for any damage to Grantee's property
caused by any tenant, licensee, contractor, or invitee of Grantor or its affiliates, or by any other
third parties. Notwithstanding anything to the contrary herein, in no event shall Grantor be liable
to Grantee for any consequential, special or punitive damages in connection with any claims
arising under this Temporary Construction Easement.
TO HAVE AND TO HOLD the same unto the Grantee. The rights herein granted are
made and accepted by Grantee subject to all encumbrances of record to the extent they validly
affect the Easement Area.
[Signature and Acknowledgement Page Follows]
517280 000001 FTWORTH 180157.1 2
Dallaii3gC6 p. ;'q
WITNESS OUR HANDS, this the I" day of )19461A 4.4..,..2011.
GRANTOR:
MAGUIRE PARTNERS - SOLANA LAND, L.P.,
a Texas limited partnership
By: Maguire Partners - Solana Land GP, a
Delaware limited liability company, its
general partner
Nam - . om len
Title: . 1 . _er
GRANTEE:
CITY OF SOUTHLAKE, TEXAS
By:
John Terrell, Mayor
GRANTOR'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this IS day of X1 n , 2011
by Tom Allen, Manager of Maguire Partners - Solana Land GP, a Delaware limited liability
company, the general partner of Maguire Partners - Solana Land, L.P., a Texas limited
partnership, on behalf of said limited partnership.
, " LORI ANN REAP lfln w+`-`r ` 1 2R-
" My COMMISSION EXPIRES Public in and for The State of Texas
• • November 22, 2014 Commission Expires: 1 1 \ a,31 IL)
517280 000001 FTWORTH 180157.1 3
Dall2$3YS5 p. 4,1
WITNESS OUR HANDS, this the _ day of , 2011.
GRANTOR:
MAGUIRE PARTNERS - SOLANA
LAND, L.P., a Texas limited partnership
By: Maguire Partners- Solana Land GP, a
Delaware limited liability company,
its general partner
By:
Name: Tom Allen
Title: Manager
GRANTEE:
CITY OF SOUTHLAKE, TEXAS
.11111
By: •
John Terrell, Mayor
GRANTOR'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this day of
2011 by Tom Allen, Manager of Maguire Partners - Solana Land GP, a Delaware limited
liability company, the general partner of Maguire Partners - Solana Land, L.P., a Texas
limited partnership, on behalf of said limited partnership.
Notary Public in and for The State of Texas
Commission Expires:
517280 000001 FTWORTH 180157.1 3
Alla917 X55 p. f9
GRANTEE'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT , t
The foregoing instrument was acknowledged before me this day of 46)
2011 by John Terrell, Mayor of the City of Southlake, Texas, a municipal corporation of
Tarrant County, Texas, on behalf of said municipal corporation.
S •
• � 4 p
•' 0:1
t* " Notary Public in and for The ate of Texas
Commission Expires: t ° !'5(>
•47164 •
517280 000001 F1'W0RTH 180157.1 4
DZeligi55 p 5p
CONSENT AND SUBORDINATION OF MORTGAGEE
CLG Hedge Fund, LLC, a Nevada limited liability company is the le
g ty P Y legal
g
owner and holder of certain indebtedness of Maguire Partners - Solana Land, L.P., a Texas limited
partnership, which is secured by, among other things, a deed of trust lien granted in that certain
Deed of Trust, Security Agreement and Assignment of Leases and Rents dated December 17,
2008, from Maguire Partners - Solana Land, L.P., a Texas limited partnership, to Lawrence C.
Adams, Trustee, recorded under County Clerk's file number D208460262 of the Real Property
Records of Tarrant County Texas and a deed of trust lien granted is that certain Second Lien
Deed of Trust, Security Agreement and Assignment of Leases and Rents dated September 17,
2010, from Maguire Partners -Solana Land, L.P., a Texas limited partnership, to Lawrence C.
Adams, Trustee, recorded under County Clerk's file number D210231912 of the Real Property
Records of Tarrant County, Texas (collectively, the "Deed of Trust ").
Mortgagee hereby joins in this Grant of Temporary Construction Easement for the sole
purpose of consenting to the Temporary Construction Easement and subordinating the Deed of
Trust and all other liens it may have securing such indebtedness to the Temporary Construction
Easement and the interests of the City of Southlake and its successors and assigns, in and to the
Temporary Construction Easement. The undersigned has the authority to execute this Consent
and Subordination on behalf of Mortgagee and represents, in that regard, that all corporate action
has been taken by Mortgagee to make this a binding Consent and Subordination.
CLG Hedg und, LC, a Nevada limited liability
com n
By: 1,110 (t--- - -i
Printed N 1 ar k. S► •.; ' ,,* F,:
Title: 1...M,y- 1 , 1 • t WE =
tie
.
THE STATE OF - re x A S §
COUNTY OF r _, //,‘ A , §
This instrument was acknowledged before me on /Pc> u ,- (i c i ) L` , 2011,
by A y- 14 e . ,/ y ..S , ,; r , A} .�. 11 k.'� 1,-, .0 A r .:. 5, ,..,SY. of CLG Hedge Fund,
LLC, a Nevada limited liability company, on behalf of said limited liability company.
- ,4___� —7 1-" ( \ •
Notary R tic Signature
State of / X .AS
(seal)
:;�! "" ?N''� ELIZABETH M COWAN
. Notary Public State of Texas
.v ; My Commission Expires
''' �`� AprII 29, 2012
517280000001 FTWORTH 180157.1 5
Dada 3 55 p. hp
4
EXHIBIT "A"
LEGAL DESCRIPTION
20' TEMPORARY CONSTRUCTION EASEMENT
BEING 1.830 acres of land located in the W. H. Pea Survey, Abstract. No. 2025, J. Henry
Survey, Abstract No. 742, W. Medlin Survey, Abstract No. 1958, & C. M. Throop Survey,
Abstract No. 1510, Town of Westlake, Tarrant County, Texas, being the portion of the tract of
land designated as Tract 2 in the deed to Maguire Partners -Solana Land, L.P., recorded in
County Clerk's file number D203231446, of the Deed Records of Tarrant County, Texas. Said
1.830 acres of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the most Northerly South boundary line of said Maguire
Partners tract, and the North boundary line of Lot 1, Block 1, Westlake /Southlake Park
Addition No. 1, according to the Plat recorded in Volume 388 -214, Page 78, of the Plat
Records of Tarrant County, Texas, located S 89 °26' 14" W 89.64 feet from the most
Easterly corner of said Maguire Partners tract;
THENCE S 89 °26' 14" W 24.77 feet, along the North boundary line of said Lot 1, Block
1, to a point;
THENCE N 36 °42' 30" W 17.22 feet, to a point;
THENCE along a line 80 feet South of and parallel to the Southwest right -of -way line of
the State Highway No. 114, as follows:
1. N 64 °53' 18" W 45.39 feet, to a point;
2. N 54 °48' 39" W 406.29 feet, to a point at the beginning of a curve to the
left;
3. NORTHWESTERLY 381.83 feet, along said curve to the left having a
Radius of 2629.79 feet, a central angle of 8° 19' 08 ", and a chord bearing
of N 58 °58' 13" W 381.49 feet to a point at the end of said curve;
4. N 63 °07' 47" W 398.41 feet, to a point;
5. N 71°36 59" W 656.73 feet, to a point;
THENCE S 18° 23' 01" W 40.00 feet, to a point;
THENCE N 71 °36' 59" W 120.00 feet, to a point;
THENCE N 18° 23' 01" E 40.00 feet, to a point;
THENCE continuing along a line 80 feet South of and parallel to the Southwest right -of-
way line of the State Highway No. 114, as follows:
1. N 71 °36'59" W 656.73' feet, to a point;
517280 000001 FTWORTH 180157.1 A -1
Data 55 10 y9
2. N 77 °59'34" W 746.72 feet, to a point;
3. N 71 °36'59" W 216.46 feet, to a point;
THENCE S 33 °26' 57" W 69.71 feet, to a point;
THENCE N 65 °00' 47" W 20.22 feet, to a point;
THENCE N 33 °26' 57" E 88.01 feet, to a point;
THENCE along a line 60 feet South of, and parallel to the South right -of -way line of
State Highway No. 114, as follows:
1. S 71 °36 59" E 230.68 feet, to a point;
2. S 77 °59' 34" E 746.72 feet, to a point;
3. S 71°36' 59" E 1436.06 feet, to a point;
4. S 63 °07' 47" E 399.89 feet, to a point at the beginning of a curve to the
right;
5. SOUTHEASTERLY 384.73 feet, along said curve to the right, having a
Radius of 2649.79 feet, a central angle of 08 °19'08" and a chord bearing
of S 58 °58'13" E 384.39 feet to a point at the end of said curve;
6. S 54 °48' 39" E 404.53 feet, to a point;
7. S 64 °53' 18" E 48.64 feet, to a point;
THENCE S 36 °42' 30" E 36.85 feet, to the POINT OF BEGINNING, containing 1.830
acres (79,716 square feet) of land.
517280 000001 FTWORTH 180157.1 A -2
alldiS155 P S'9
EXHIBIT "B"
SURVEY
20' TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT ""B" 1/21 1 E� \. ,a
,. ` • '77'144'1/ 1' / ' h 9
- 1 I \ * •Yi7. �l
20' WIDE TEMPORARY * . ' `•
y CONSTRUCTION * [ey s--:-.` /' 4 g M EASEMENT No. 2A ft., a'\ "+,1
`�?.p'� BY SEPARATE DOCUMENT It
7 o 'P o b 0.4 6 /I1
Co •
t /
GOMA & Win Distance
11 N 66 W 40.09' ap %
km •
L2 Rad: 1482.50' A 427.46' ( ' / Z'
'4
Tan: 215.27' CA: 184'48' i/ „ /
0130: N 28'47'91' E 433.84' i.' h
w N 16 E 186.26' 20' WIDE TEMPORARY '17 • %
L4 N 16 E 210.62' CONSTRUCTION
L6 N 98 E 88.01
L6 8 71'96'69' E 290.00' EASEMENT No.1 _, '/ 0 %
L7 6 77 E 746.72' 1.830 ACRES / +'V %
L8 8 71 E 1416.06' I,
L8 8 89 E 989.49' (79,718 SQ.F.) %• 1,
L10 Rad: 2648.76' Arc: 364.79'
Tan: 182.70' CAI 6.10'08' MAGUIRE PA HENS - emwa /� �• /
. ' • •.0' 19' E 984..., NB. LP., TRACS •
L11 �i 1,44 ♦M' - U_Y1 CR.W�20 8 291440 2 •
112 Q� � D.LT.C.T. a 7 's' ti %
1 14 24.77' / / .A / ■
115 LIB 640.1'18 8 ' 4 � / / . .
117 N 84'40'98' W 406.48' 'l/ b. / I
118 Each 2022.79' Aro: 961.03' < / .' . ,0 %�
Tan: 181.20' CA: 8 °19'08'
034: N 58'68'13' 9 301.49' ` • '/ +
119 N 88 W 398.41' - 1 / I
120 N 71•36'56• w e• 7s' 4I,•
12 22
1
IKIIIII
��'� /
L28 N 16.29'01' E 40,00
//;:' •7'a 124 W 71'96'69' W 866,73' , � , .e L 25 N 77'60'94' N 746.72' / 1 Ri�
126 N 71 N 418.48' I ��
L27 6 99 W 68.71' / �' '
L20 8 18.91'28' W 208.18' /� - 1 t.j Y
L29 8 18.26'2' W 1 8' / / 7'4'•
190 980: 1482.50' Aro: 492.88' ,/' •' ft
Tan: 218.06' CA: 18.44'09• /•
Cnd: 8 20.47'09• W 491.46' , NA ,,y i 11. 2009
/
5 f /.1
am / BRITTAIN & CRAWFORD I { L1ND e • y 4 C / TOPOGRAPHIC NAPPING
X, _: ISM M4-�+1 . ,2n0 OM . -51n 7'.a wn QM) 138-w,
f , % f�o J. HENRY SURVEY •.a tot 1+3u + 1022 SOWN mow
1 • AHSTRACT •
No. 742 � `°"'
NAM 1DAS 74110
m, 1 . .
/ , SOUTHLAKE, TX 8-
1 / / 1400 Mob St.. Sta. 320 ` o -Tr ' 1p
03� ° - , /` TEL: 817 -748 -8098 6 -
e f /, , TEMPORARY CONSTRUCTION
z� ° LAND
No.!
ZO . t .�/ ��4 T� 1 A CR ES OF ND
�1 1 .s :b LOTE TII
Z '� / . r / 4 ,.. ? W. H. PEA SURVEY, IN ABST. E ,b
No. 2025
VV .1. HENRY SURVEY, ASST. No. 742 -�, ( "ft 4. -�Y A. W. MEDLIN SURVEY, ABST. No. 1958 `' / ''
°I. 1 1 .7047171 : ^ & C. M. THROOP SURVEY, ABSTRACT
1 ° ' 5232 1 No. 1510, CITY OF WESTLAKE, I '
/".- 71A1Li TARRANT COUNTY, TEXAS {SCALE 1 "= 390'.,ll
(K.G.) DATA\ FN\ FN _SOUTHLAKE_WTL_09 \'_TEMP_01.DWG
517280 000001 FTWORTH 180157.1 B -1
a210455 D.90