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J.J. Freshour Survey, Abstract No. 521 and Johnson Place Estates, 2013 - Quitclaim Deed 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. QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Date: )4(lasi 2 624/3 Grantor: City of Southlake, Texas Mailing Address: 1400 Main Street Southlake, Texas 76092 Grantee: Texas Department of Transportation Grantee's Mailing Address: 2501 S W Loop 820 Fort Worth, Texas 76133 Consideration: $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged. The Property Conveyed: See Exhibit A, attached hereto and incorporated herein by reference. Therefore, 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 assign and convey and forever quitclaim unto the Texas Department of Transportation, Grantee, and its successors or assigns, all of the City's right title, and interest in and to the real property described in the attached Exhibit A. In accordance with governing law, The undersigned has been authorized to execute this conveyance by resolution or ordinance of the City Council of the City of Southlake dated Zo 13 , a copy of which resolution is attached hereto as Exhibit B, a tached he to and incorporated herein by reference. QUITCLAIM DEED FROM CITY OF SOUTHLAKE TO TEXAS DEPARTMENT OF TRANSPORTATION Page 1 C: \Documents and Settings \aayala\Local Settings \Temporary Internet Files \Content.Outlook\XYSZ94HT \Quitclaim Deed from City to TxDOT tgs 3 7 13.doc This deed shall convey any right, title and interest owned by Grantor in and to the above described property unto the said Grantee, so that Grantee, and its heirs and assigns, shall have and hold and such property conveyed forever, and so that neither Grantor nor Grantor's successors or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. Executed this day of ra , 20 P - . CITY OF SOUTHLAKE, TEXAS, GRANTOR By: 0 A / G The Honorable John Terr , Mayor ,,, ,,,,,,,,, t , ,,,, ACKNOWLEDGEMENT titk( .N Alicia Richardson,: C STATE OF TEXAS § , ��J'•. § City Secretary ., ••'••••'• '� COUNTY OF TARRANT § °'' °" ,,t,, This instrument was acknowledged before me on the Z.g day of ' a& , 20 ITS , by John Terrell in his capacity as Mayor of the City of Southlake, Texas, a municipality, on behalf of said municipality, for the purposes and consideration stated therein. t****** * * * * * ***** ***** ******* * * * *** * */ Notary Public in and forte tate of Texas 45. t.7 p�, T. RIGGS , •'' '; Notary Public 1 bar; `� r€ STATE OF TEXAS . My Commission `�� '''/ Expires 08/01/2013 : 1 - �l """"" " " " " ° " ° " ° " " ° " ° " " ° ° ° " " " ° ` ° "` °v °° Type or Print Not ame QUITCLAIM DEED FROM CITY OF SOUTHLAKE TO TEXAS DEPARTMENT OF TRANSPORTATION Page 2 CADocuments and Settings \aayala \Local Settings \ Temporary Internet Files \ Content .Outlook\XYSZ94HT\Quitclaim Deed from City to TxDOT tgs 3 7 13.doc AFTER FILING PLEASE RETURN TO: City of Southlake Office of the City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 QUITCLAIM DEED FROM CITY OF SOUTHLAKE TO TEXAS DEPARTMENT OF TRANSPORTATION Page 3 C: \Documents and Settings \aayala\Local Settings \Temporary Internet Files \ Content .Outlook\XYSZ94HT\Quitclaim Deed from City to TxDOT tgs 3 7 13.doc Exhibit A Page 1 of 3 Parcel 22 G F.M. 1938 CSJ: 1978 -01 -052 March 2, 2011 Exhibit A, Page I of 3 Being a 0.087 acre (3,794 square foot) tract of land situated in the J.J. Freshour Survey, Abstract Number 521, Tarrant County, Texas, and being a portion of Lot 1, Block 1, Johnson Place Estates Addition, as recorded in Cabinet A, Slide 12308, 12309 and 12310, Plat Records, Tarrant County, Texas (P.R.T.C.T.), being dedicated to City of Southlake Parks and Recreation Department per plat and being more particularly described by metes and bounds as follows; (1) BEGINNING at a set 5/8 inch iron rod with Transystems cap on the South line of said Lot 1, Block 1 and the North line of Lot 19, Block 1, of said Johnson Place Estates Addition, also being on the Proposed Westerly Right -of -Way line of F.M. 1938, said 5/8 inch iron rod being North 89° 56' 51" East, 47.66 feet from a found 1/2 inch capped iron rod at the Northwest corner of Lot 19, Block 1 of said Johnson Place Estates, and being at right angles to and 63.91 feet left of centerline Highway Sta. 41 +81.90; point also being the beginning of a curve to the right, whose center point bears North 88 °00'59 "East, a distance of 19,393.53 feet, being Lot 1, Hillside Estates Addition, as recorded in Volume 388 -181, Page 6, P.R.T.C.T.; (2) THENCE with said curve and with the Proposed Westerly Right -of -Way line of F.M. 1938, in a Northerly direction, through a central angle of 0 °30'24 ", an arc distance of 171.48 feet to a set 5/8 inch iron rod with Transystems cap on the North line of said Lot 1, Block 1 and the South line of a tract of land to Ross W. and Karen L. Garrett, as recorded in Instrument #D198064835, Deed Records, Tarrant County, Texas; (3) THENCE North 89 °03'51 "East, along the North line of said Lot 1, Block 1 and South line of said Garrett tract, a distance of 24.25 feet to a set 5/8 inch iron rod with Transystems cap for the Northeast corner of said Lot 1, Block 1 and the Northwest corner of a 30 foot Right -of -Way Reservation by MDC — Johnson Place Estates, LTD., per said Johnson Place Estates plat; (4) THENCE South 0 °06'55 "East, along the East line of said Lot 1, Block 1 and the West line of said 30 foot Right -of -Way Reservation, a distance of 171.79 feet to a set 5/8 inch iron rod with Transystems cap for the Southeast corner of said Lot 19, Block 1 and the Northeast corner of Lot 19, Block 1, of said Johnson Place Estates plat; (5) THENCE South 89 °56'51 "West, along the South line of said Lot 1, Block 1 and the North line of said Lot 19, Block 1, a distance of 19.71 feet to the POINT OF BEGINNING, containing 0.087 acre (3,794 square feet) of land, more or less. NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North American Datum 1983 (NAD 83) with all distances and coordinates adjusted to surface by project surface factor of 1.00012825. NOTE: Plat to accompany this legal description. Exhibit A Page 2 of 3 Parcel 22 G F.M. 1938 CSJ: 1978 -01 -052 March 2, 2011 Exhibit A, Page 2 of 3 That I, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey was made from an actual on the ground survey made in July, 2010 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying. ��P Timothy A. Fro • >� • Registered Professional Land Surveyor �'�g f t Texas Registration Number 5316 ' • a ir � 3 -a te/ Exhibit A Page 3 of 3 J.J. FRESHOUR SURVEY ABSTRACT NO. 521 s CURVE PIWIO7 CURVE CLO4 41 DELTA. (730' 24' (RD DELTA• 0'43' 99' (RT) 4y R• 19,393.53 8• 8.000.00 L- /71.48 L 101.98 CB- N 737' 49'W CB- N f 50' 27'W th CITY OF SOUTHLAKE LC- 171.48 LC- 101.98 PARKS AND RECREATION a■ DEPARTMENT JOHNSON PLACE ESTATES w ADDITION v BLOCX I, LOT I * CAB.A, SLIDES 12308. Pa 12309 AND 123/0 P.R.T.C.T. m re 3e� \ >P pa 0 Y:' nnr CITY OF SOUTHLAKE PARKS AND RECREATION JOHNSON PLACE HOMEOWNERS ASSOCIATION N 8556' 5r E DEPARTMENT INST.• 0207427854 f 47 ' TAKING 0.087 ACRES D.R.T.C.T P.O.B. REMAINDER 5.77 ACRES JOHNSON PLACE ESTATES ADDITION PARCEL 22 G BLOCK 1, LOT 19 ee CAB.A, SLIDE 12308, 63.91 LT PROPOSED RAV 12309 AND 12310 P.R.T.C.T. PROPOSED ROW CURVE PRW07 ROSS W. GARRETT PROPOSED ROW coo N 89' 03' 5r E S 8556' Sr W I9.77 24.25' I AND SPOUSE. S 0 55' 171.79' . p KAREN L. GARRETT N INST. • 0198064835 MDC - JOHNSON PLACE ESTATES, LTD. D.R.T.C.T. JOHNSON PLACE ESTATES ADDITON HILLSIDE ESTATES CAB.A, SLIDE 12309. 12309. AND 12310 ADDITON P.R.T.C.T. LOT 1 VOL.388-181. PG.6 EXISTING ROW P.R.T.C.T. CURVE CLO4 N 7 28' 32'W 740.85' - _ - _ - — - — - I — - N 2' 12' 22'W 250.00_ , _, - .CURVE .r CLO4 — - — - _ PR OPOSED i F • M• 38 SUDE 12309 PC 41+45.24 T.T. R.O.W. DED�CATIDY EXISTING ROW CCAB. P •R 7 . 2 2 PT 42 + 4 J -iiiMMID- A - •A._•_ Legal description to occompany Ms survey sketch. — • — • — . — - — • — - — - — - 4— - --- - -- - — - — - � - . SCOIe 'Z Feet • — - NOTE: Bos1S of bearing Is the Texas State Pione Coordinate system. North Central Zone (42021, F.11. 1938 0 25 50 75 North American Datum 1983 MAD 83).. with o/i distances and coordinates adjusted to surface ty protect surface factor of 1.00012825. LEGEND -4 't i , 7 ' I. '",, , O • 5/8N Inch set or rod with plastic cap stomped 'Tronsyslems'set. J l ► QF r . •. 1D 1& la C ..d 2j �C 2 r t 0 • Marker found 'as noted' A t C3: d' 0. P.R.T.C.T. • Official Public Records. Tarrant County. Texas I • 4S D.R.T.C.T. - Deed Records, Tarront County. Texas ,+ TIMMY A. MOST CITY OF SOUTHLAKE P.R.T.C.T. -Plat Records. TarrantCouny. Texas / P.O.C. • Point Of Commencing `r (.146..".tip �` PARKS AND RECREATION P.O.B. • Point Of Beginning 1 E1� DEPARTMENT t • Proper& Line , '"" { ft g • Survey Une 1' c a 0. 087 ACRE H • Fee Hook �Er • Centerline - 2 ,e/ PAGE STATE DIST. COUNTY HIGHWAY NO. Page 3 of 3 TEXAS FTW TARRANT F.M. 1938 CONT. SECT. JOB Tans C. S. J. °f � 0 � ° � ROW C. S. J. 1978 01 052 Exhibit B Page 1 of 3 ORDINANCE NO. 1055 AN ORDINANCE DEDICATING STREET RIGHT OF WAY FROM CITY OWNED PARK PROPERTY LOCATED AT LOT 1, BLOCK 1, JOHNSON PLACE ESTATES ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH RIGHT OF WAY IS NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE THE RIGHT OF WAY DEDICATION DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake has determined that the engineering design for the FM1938 Phase 2 project demonstrates a need for additional right of way to construct the improvements from City owned park property described as Lot 1, Block 1, Johnson Place Estates Addition; and WHEREAS, the FM1938 Phase 2 project will be constructed to the benefit of the public and dedicated to the public; and WHEREAS, the City Council of the City of Southlake has determined that there is a public need for the FM1938 Phase 2 project upon and across City owned park property described as Lot 1, Block 1, Johnson Place Estates Addition; and WHEREAS, the Attorney General has determined that a referendum is not required if the grantee is a governmental agency having powers of eminent domain over the property involved for which there is a need for public purposes; and Exhibit B Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City of Southlake grants a Right of Way parcel to the City of Southlake, Tarrant County, Texas, more specifically shown in Exhibit "A" attached hereto and incorporated herein for all purposes and the easement is dedicated to the public in perpetuity. SECTION 2 The Mayor of the City of Southlake, Texas is hereby authorized and empowered to execute the aforementioned Right of Way. SECTION 3 A copy of the Right of Way parcel shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 4 It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council, without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Exhibit B Page 3 of 3 SECTION 5 This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. HO PASSED AND APPROVED ON FIRST READING ON THIS `1 ' DAY OF wb' , 2012. C /g4 0 MAYOR/J • N T- ' LL " ett1,rrr ' °r% �`�a 0VTHI.q,� . ` o ` � � •o eesee e• � � - '-- ATTEST: : `` e • : ' . A 4,k,,,,L,t1 M, CITY SECRETARY /ALICI , DSQA - -sr- * 4 ` ee " - r "rurrr* ereq PASSED AND APPROVED ON SECOND READING ON THIS (5 111- DAY OF J vdi_.t 2013. a,. ap MAYOR/sic N T .7 LL eeee el1,,,,,, rr , ATTEST .�°'���ovr .. F ------ D LCONIZ 4— ° CITY SECRETARY /ALICI PVH A R ID S 7 A VED AS TO FORM AND LEGALITY: Ai . 4 ' CI Y ATT' N EY CITY OF SOUTHLAKE 0 City Secretary's Office 1400 Main Street I Suite 270 I Southlake, Texas 76092 1 (p) 817- 748 -8015 I (f) 817- 748 -8270 June 5, 2013 Tarrant County Clerk's Office 100 W. Weatherford Fort Worth, TX 76196 -0401 Re: Document for Filing To Whom It May Concern: Please record the enclosed documents in the Tarrant County Clerk's Office. The charges for the filing fees can be charged to the City of Southlake Escrow Account. Please retum the filed documents to: City of Southlake Attn: City Secretary's Office 1400 Main Street, Suite 270 Southlake, Texas 76092 Thank you for your assistance. If you have any questions, please contact me at 817- 748 -8015. e y_,___ 2 Sincerel CT:14------""-", ''''=:. Traci Riggs Deputy City Secretary Enclosures: Charge Authorization Form Texas Department of Transportation Quitclaim Deed for Johnson Place Estates — Right of Way Int, grin • I • Accountahilit • Commitmcnt to Hxccllcncc • Toamwork %1. ' 1111111101-41 4 141176111111 Mary Louise Garcia TARRANT COUNTY COURTHOUSE 100 W. WEATHERFORII Fort Worth Texas 76196 -0401 County Clerk Charge Authorization City of Southlake #61 1400 Main Street Ste 310 Southlake TX 76092 817 -748 -8621 PH 817- 748 -8077 FX Authorized Charger / • - - Date (e THIS FORM, SUBMITTED WITH YOUR DOCUMENTS, WILL BE ACCEPTED AS AUTHORIZATION TO CHARGE YOUR ACCOUNT, Receipt #: Customer Signature: ALTERED DOCUMENT WILL NOT BE ACCEPTED Revised 01/01/11 MARY LOUISE GARCIA .••• «•,. COUNTY CLERK z " t 100 West Weatherford Fort Worth, TX 76196 -0401 PHONE (817) 884 -1195 CITY OF SOUTHLAKE 1400 MAIN ST STE 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 6/11/2013 8:20 AM Instrument #: D213148287 D 10 PGS $48.00 f, Ise: By: D213148287 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL O't USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. CITY OF SOUTHLAKE City Secretary's Office 1400 Main Street I Suite 270 I Southlake, Texas 76092 I (p) 817 -748 -8015 I (f) 817 - 748 -8270 October 9, 2013 Texas Department of Transportation Attn: Right of Way Section: Judy Brown 2501 S. W. Loop 820 Fort Worth, Texas 76133 -2300 Re: Quitclaim Deed for: FM 1938, Parcel 22G Dear Ms. Brown: Please find original Quitclaim Deed for FM 1938, Parcel 22G between the City of Southlake and Texas Department of Transportation. Sincerely, Traci Riggs Deputy City Secretary Enclosures: Quitclaim Deed for: FM 1938, Parcel 22G Integrity • Innovation • Accountability • Commitment to Excellence • Teamwork