J. Childress Survey, Abstract No. 253 (Lot 1A2), 2007 - Deed
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OFFICIAL RECORD
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Parcel #259" i I LOUNTv '"._
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CITY OF SOUTHLAKE
1,1
DEED
B)'
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That William J. Spivev and Janice D. Spivey of the County of Tarrant hereinafter
referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars and
other l!ood and valuable consideration, to Grantors in hand paid by the City of South lake, Texas, acting
by and through it's governing body, receipt of which is hereby acknowledged, and for which no lien is
retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and
Convey unto the City of Southlake, Texas all that certain tract or parcel of land in Tarrant County, Texas,
more particularly described in Exhibit "A", which is attached hereto and incorporated herein for any and all
purposes, and depicted in Exhibit "B" attached hereto and incorporated herein for all purposes of this
dedication.
SA VE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title
to the following improvements located on the property described in said Exhibit "A", to wit:
wrought iron gates and related appliances and portions of fence
Grantors covenant and agree to remove the above-described improvements from said land upon written
notice of the City of Southlake thirty days prior to demolition, subject, however, to such extensions of time
as may be granted by the City of Southlake in writing; and if for any reason, Grantors fail or refuse to
remove same within said period of time prescribed, 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 the oil, gas and sulphur in and under the land herein conveyed, but waive all rights
of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for
same; however, nothing in this reservation shall affect the title and rights of the City of South lake to take
and use all other minerals and materials thereon, therein and thereunder.
D2D70415'J3 p /r5
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Southlake and its
assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and
assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of
South lake and its assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof.
IN
this instrument is executed on this the
.~
day of
............................................
ACKNOWLEDGEMENT
THE STATE OF TEXAS,
COUNTY OF TARRANT
......--- ~/
This instrument was acknowledged before me on this ., day of r~.?vu~ ~?
by William J. Soivey and Janice D. Soiyey for the purposestlmd consideration herein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ;;-- day of ,,?,4;~, 2007
"" ~
Notary
NOTARY SEAL
e.~.~.~ DAVID BAILIFF
~::.J."':: N~tal'Y Public
.. ,J1!(.'" $1 ATE OF TEXAS
~
My CoimI. Exp. 10/2612008
After Recording Return to:
RETURN TO:
Jeanne M. Green
Right-of-Way Supervisor
100 E. Weatherford St.
Fort Worth, TX. 76196-0601
D2D7(j//6D3 p. 215
"
EXHIBIT "A"
Paaul259
F.M. 1938
CSJ: 1978-01-904.
11-15-05
Exhibit" A" Page 1 o.U
BEING 13,451 square feet of land. situated in the John Childress SUJVey. Abstract No. 253,
Tarrant County. Texas and being a portion of a tract land, tract lA2. as conveyed to William
James Spivey and Janice D. Spivey by deed dated 03/1911992; recorded in Volume 10573,
Page 0384, Deed Records. Tarrant County. Texas, which 13,451 square feet of land, more or
less, are particularly described as follows;
BEGINNING at a point in the common: line of the south line of said Spivey tract lA2 and the
north line of a tract of land. tract IE2A, as conveyed by deed to Clarence Huffinan by deed
dated 1/23/2004, record~ in Instrument No. 0204025315, Deed Records, Tammt County.
Texas. said point being North 02041'09" East, 2,045.43 feet from the intersection of the ~orth
right-of-way line of Brookforest Drive (a 60 foot R.O.W.) and the west right-of-way line of
F .M. 1938 (a 55 foot R.O.W. at this point); .
1. THENCE North 01041'30" West, leaving said common line. passing at a distance of 27.88
feet the north right-of-way line of Randol Mill Avenue (a SO foot R.O.W.) and continuing for
an overall distance of 37.88 feet to 5/8 inch smooth iron rod set with aluminum cap stamped
"TxDOT". said point being at right angles to Station 1+38.75.35.00 feet left;
2. THENCE North 88027'15" Bast, a distance of359.86 feet to 5/8 inch smooth iron rod set with
aluminum cap stamped "TxDOT" in the east line of said Spivey tract lA2. said point being at
right angles to Station 4+98.61.35.00 feet left;
3. TImNCE South 00032'30" East; along said east line. passing at a distance of 10.00 feet the
north right-of-way line of said Randol Mill Avenue and continuing for an overall distance of
36.97 feet to a point for comer. said point being the southeast corner of said Spivey tract lA2;
4. TIIENCE South 88"18'30" West, along the south line of said Spivey tract 1M, a distance of
359.11 to the POINT OF BEGINNING of which 8.978 square feet or land, more or less. lies
within Randol Mill Avenue, leaving a net of 4.473 square feet of land. more or less.
NOTE: Survey sketch to accompany this legal description.
]:\ w eatlake\Sudlice\FM1938\LEGALS\C0S0urh18ke Legil Descriptlons_07 -14-06.doc
bZ07D4/503 p. 315
CONTROL Id BASED ON
NAD . 53 DA'TUM lAO.JUSTED 1993)
SURFACE ADJUSTMENT FACTOR
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DANTE P. c.ARANCI &
MARJORIE CARAHeI
VOL.6B07, PG.767
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TRACT 1A2
WILLIAM JAMES SPIVEY
& JANICE O. SPIVEY
VOL. 10573, PG.0384
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NOTE:
LEGAL DESCRIPTION TO
ACCOMPANY THIS 5K TCH
tt . NDrker found 'as noted'
C>, . 5/8' s.ooth Iron rOd set wi alu.1nuM cap sta~ped 'TxOOT'
~ . BOd nail set
.. · Type II monument to be set at the end of construction.
P.D.B. . Polnt of Beglnn1ng
t . Property llne
!l · Survey Une
Z . Fee hook
. t. . PrOposed centerline
C.R.T.C.T.. Deed Records, Tarrant County. Texas
P.R.T.C.T.. Plat Records. Tarrant County, Texa~
[ J . Record information
~ . Control of Ace...
PARCEL 259
WILLIAM JAMES SPIVEY
& JANICE D. SPIVEY
13.451 SQ. FT. TOTAL
-B,978 SQ. FT. IN ROAD
4,473 SQ. FT. NET
1I1.~
...... TEXAS
T_' f!EPIIlTHENT
OF TRINSPORTATlON 1978 01 904 F .M. 1938
O.PRO~ECrS.SOUTHLAKE,FM1938.PARCELSPH2.P259ROW1
STATE OI5T. COUNTY
TEXAS FTW TARRANT
CONT. SECT. JOB HIGHWAY NO.
D207fY! /:503 p. 41 Lj
JEANNE M GREEN
RIGHT OF WAY SUPERVISOR
100 E WEATHERFORD ST
FTWORTH TX 76196
Submitter: AMERICAN TITLE, (LANDAMERICA)
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 02/05/2007 03:21 PM
Instrument#: 0207041503
WO 5 PGS $28.00
By:
111111I11111111111111111111111111111111111111111111111111III
0207041503
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.
. . . ,
Tarrant County
CSJ 1978-01-904
FM 1938
Parcel 259
MEMORANDUM OF AGREEMENT
WILLIAM J. SPIVEY AND JANICE D. SPIVEY, referred to in this Memorandum
as "Grantor", agrees to grant to the City of Southlake, Texas a fee interest in
property located in Tarrant County, Texas. This property more particularly
described in the Attached Exhibit "A" to this Memorandum.
IT IS AGREED:
A) The consideration for the execution and acceptance of the Deed to the
City of Southlake is $68,550.00.
B) Grantor to receive additional consideration for Fee Acquisition of
adjacent property in the amount of $7,600.00. This is separate funding
by Tarrant County as representative for the State of Texas and is in no
way associated with the City of Southlake.
C) Grantor to keep the wrought iron gates and any related appliances.
D) The City of Southlake will be responsible for demolition of the fence.
Southlake, pursuant to an Inter-local Agreement between Southlake
and Tarrant County may request Tarrant County or its contractors to
perform the demolition work. Grantor to have a 30 day notice prior to
demolition of the fence. Grantor to retain any wood orbrick from the
fence as requested.
E) The City of Southlake is to smooth and hydro-mulch the area where
the fence is removed.
F) Surveyors to mark property line when property closed.
GRANTORS:
GRANTEE: City of Southlake
tU~ / 40/~ -zr- ~/
William J. Spi&' 8 .