Francis Thrrop Survey, Abstract No. 1511, 2013 - Deed in Settlement of Condemnation Electronically Recorded Tarrant County Texas
Official Public Records 5/31/2013 4:37 PM D213138789 �+
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Mary Louise a is
Effective Date: May3), 2013
Grantor: Brian Jeffrey Massey a/k/a/ Jeff Massey
Grantor's Mailing Address: 1200 Kimball, Southlake, TX 76092
Grantee: The City of Southlake, Texas, a municipal corporation
Grantee's Mailing Address: The City of Southlake, Texas, c/o City Manager, 1400 Main
Street, Southlake Texas, 76092
Consideration: Ten and No /100 Dollars ($10.00) and other good and valuable consideration
paid by the City of Southlake, Texas.
Property (including any improvements): The property described on Exhibit A the ( "Right -of-
Way Property ").
Reservations from Conveyance:
For Grantor and Grantor's successors and assigns forever, a reservation of all interests in
the water, oil, gas, hydrocarbons, and other minerals and materials (and all executory and
leasing rights relating thereto) in and under and that may be produced from the Right -of-
Way Property. If the reserved estate is subject to existing production or an existing lease,
this reservation includes the production, the lease, and all benefits from it.
Grantor waives the right to enter upon or use the surface of the Right -of -Way Property in
any manner whatsoever (except as a member of the public).
Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of
the reserved estate owned by Grantor with land other than the Right -of -Way Property, or
the exploration or production of the water, oil, gas (including casinghead gas and all
gaseous substances), hydrocarbons, and other minerals and materials by means of wells
that are drilled or mines that open on land other than the Right -of -Way Property but enter
or bottom under the Right -of -Way Property, provided, however, that Grantor and
Grantor's successors and assigns shall have the right to produce the water, oil, gas,
hydrocarbons, and other minerals and materials reserved herein only by directional
drilling or other indirect means at a depth of not less than two hundred feet (200') below
the surface of the Right -of -Way Property in a manner which does not enter upon, or
interfere with the occupancy, use or enjoyment of, the surface of the Right -of -Way
Property by Grantee, its successors and assigns, or disturb any improvements now or
hereafter situated on the surface of the Right-of-Way Property, nor undermine the vertical
or lateral support of any improvements now or hereafter situated on the surface of the
Right -of -Way Property.
1 32473.5
Rattikin Title Com any In Settlement Of Condemnation GF# pT qq.
Effective Date: May3), 2013 This document has been electronically recorded by
Rattikin Title Company
Grantor: Brian Jeffrey Massey a/k/a/ Jeff Massey hate w 5-61-lb
Grantor's Mailing Address: 1200 Kimball, Southlake, TX 76092 DoCUment Numberi)?.1
Grantee: The City of Southlake, Texas, a municipal corporation
Grantee's Mailing Address: The City of Southlake, Texas, c/o City Manager, 1400 Main
Street, Southlake Texas, 76092
Consideration: Ten and No /100 Dollars ($10.00) and other good and valuable consideration
paid by the City of Southlake, Texas.
Property (including any improvements): The property described on Exhibit A the ( "Right -of-
Way Property ").
Reservations from Conveyance:
For Grantor and Grantor's successors and assigns forever, a reservation of all interests in
the water, oil, gas, hydrocarbons, and other minerals and materials (and all executory and
leasing rights relating thereto) in and under and that may be produced from the Right -of-
Way Property. If the reserved estate is subject to existing production or an existing lease,
this reservation includes the production, the lease, and all benefits from it.
Grantor waives the right to enter upon or use the surface of the Right -of -Way Property in
any manner whatsoever (except as a member of the public).
Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of
the reserved estate owned by Grantor with land other than the Right -of -Way Property, or
the exploration or production of the water, oil, gas (including casinghead gas and all
gaseous substances), hydrocarbons, and other minerals and materials by means of wells
that are drilled or mines that open on land other than the Right -of -Way Property but enter
or bottom under the Right -of -Way Property, provided, however, that Grantor and
Grantor's successors and assigns shall have the right to produce the water, oil, gas,
hydrocarbons, and other minerals and materials reserved herein only by directional
drilling or other indirect means at a depth of not less than two hundred feet (200') below
the surface of the Right -of -Way Property in a manner which does not enter upon, or
interfere with the occupancy, use or enjoyment of, the surface of the Right -of -Way
Property by Grantee, its successors and assigns, or disturb any improvements now or
hereafter situated on the surface of the Right -of -Way Property, nor undermine the vertical
or lateral support of any improvements now or hereafter situated on the surface of the
Right -of -Way Property.
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32473.5
Exceptions to Conveyance and Warranty:
Any and all of the following held or claimed by a governmental entity or utility provider,
whether of record or not: (i) validly existing prescriptive easements; (ii) visible and
apparent rights of way; and (iii) visible and apparent prescriptive rights.
All presently recorded easements, restrictions, reservations, covenants, conditions, oil and
gas leases, mineral interests, and water interests outstanding in persons other than
Grantor, and other instruments, other than conveyances of the surface fee estate, that
affect the Right -of -Way Property; validly existing utility easements created by recorded
dedication deed or plat; matters described on Exhibit B; any law, ordinance, or
governmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting, or relating to the Right -of-
Way Property; validly existing rights of adjoining owners in any walls and fences
situated on a common boundary; any discrepancies, conflicts, or shortages in area or
boundary lines; any encroachments or overlapping of improvements; standby fees, taxes,
and assessments, if any, by any taxing authority for 2013, and subsequent assessments for
2013 and prior years due to change in land usage, ownership, or both.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty conveys to Grantee the Right -of -Way Property, without
warranty of title, either expressed or implied, and subject to the terms, conditions, limitations,
reservations, and exceptions contained herein.
Representations:
There are no mineral leases in effect as of the Effective Date that give any mineral
owners any surface rights in the Right -Of -Way Property.
THE CONSIDERATION WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE
IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT
THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES,
EXCEPT AS EXPRESSLY STATED IN THIS DEED.
GRANTEE IS NOT RELYING ON ANY REPRESENTATIONS, DISCLOSURES, OR
EXPRESS OR IMPLIED WARRANTIES BY GRANTOR OR ANY PERSON OR
ENTITY ACTING ON GRANTOR'S BEHALF OR FOR WHOM GRANTOR HAS
RESPONSIBILITY OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS DEED.
PURCHASER IS NOT RELYING ON ANY INFORMATION REGARDING THE
RIGHT -OF -WAY PROPERTY INTERESTS PROVIDED BY GRANTOR OR ANY
PERSON OR ENTITY ACTING ON GRANTOR'S BEHALF OR FOR WHOM
GRANTOR HAS RESPONSIBILITY, OTHER THAN GRANTEE'S OWN INSPECTION
AND THE REPRESENTATIONS CONTAINED IN THIS DEED.
When the context requires, singular nouns and pronouns include the plural.
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32473.5
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EXECUTED to be effective as of May 91 2013.
GRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
I a ,
By: U;Al D16 ► , 1G' By .:.�.
he Honorable Jo Terrell, Mayor
Attest:
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City Secretary = o 4,
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32473.5
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ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared BRIAN JEFFREY MASSEY, knowp to me (or proved to me on the oath of
or through bel y/,r.� [., ,G [description of identity card or other
document]) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideratio herein
expressed.
GIVEN UNDER MY HAND AND SEAL OF P F E, this the 3 da o May,
2013.
SHAY TOWNSEND
* � �� * �
STATE OF TEXAS Notary Not Public in any for
o .i My Cana Exp. Dec 16, 2016 The State of Texas
My Commission Expires:
Typed or Printed N. e of Notary
4
32473.5
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared JOHN TERRELL, Mayor of the City of Southlake, known to me (or proved to me on
the oath of or through [description of identity card or
other document]) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed, and in the capacity .
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the .31% day of May,
2013.
40 ," a LAUREN J. PHILLIPS
* , NOTARY PUBLIC
STATE OF TEXAS Notary Public • and for
d4, tor , MY COMM. EXP 11 /10/2014 The State of Texas
My Commission Expires: LA0a,e14 . 1:?,tu -re,
Typed or Printed Name of Notary
tt •to. Zo tH
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32473.5
Exhibit "A"
Description of Right -Of -Way Property
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32473.5
• •
EXHIBIT' A"
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.816 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198. of the Deed Records of Tarrant County. Texas. Said 0.816 acre of
land being more particularly described by metes and bounds as follows.
BEGINNING at a "PK" nail found at the Southeast comer of said Massey Tract,
and lying at the intersection of the centerline of North Kimball Avenue. with
the centerline of E. Highland Street;
THENCE N 89` 39' 25" W 331.64 feet, along the South boundary line of
said Massey Tract, and along the centerline of E. Highland Street
THENCE N 00 35' 06" W 34.98 feet. along the West boundary line of
said Massey Tract, to a :4" iron rod marked "Brittain & Crawford" set, in
the new North right-of-way line of said E. Highland Street
THENCE S 89° 38' 59" E 269.97 feet, along the new North right -of -way
tine of said E. Highland Street. to a W iron rod marked "Brittain &
Crawford' set in the new West right -of -way line of said North Kimball
Street;
THENCE along the new West right -of -way line of said North Kimball Street,
as follows:
1. N 45' 00' 00" E 19.71 feet, to a W' iron rod marked "Brittain &
Crawford' set
2. N00' 49' 31" W 478.08 feet, to a W iron rod marked "Brittain &
Crawford" set in the North boundary line of said Massey Tract, lying in
the South boundary line of a tract of land conveyed to Richard Holliday
and wife, Mary Ann Holliday, by the deed recorded in Volume 14325,
Pace 524, by the Deed Records of Tarrant County. Texas;
THENCE S 89' 45' 37" E 49.42 feet, along the North boundary line of
said Massey Tract, and the South boundary line of said Holliday Tract, to
a "PK" nail found at the Northeast comer of said Massey Tract, lying in the
centerline of said North Kimball Avenue;
THENCE S 00` 36' 17" E 527.10 feet, along the East boundary line of
said Massey Tract, and the centerline of said North Kimball Avenue, to the
POINT OF BEGINNING, containing 0.816 acre (35,543 square feet) of
land.
EXHIBIT
r•ir�9egais'ke:Can -fah trawt�
0
AREA TABLE RICHARD HOLLIDAY AND WIFE. z
0.816 ACRE TOTAL MARY ANN HOLUDAY =
(35 SQ.FT.) l VOL 14325. PC. 524. D.R.T.C.T. ).- , ,
RESC S 89 °45'37 "E 1
RIGHT–OF–WAY 49.42' ii l ! 1 'PK•• NAIL FOUND
0.338 ACRE NET
(14,700 SO.FT.) — – _ _ _ TUMBLEWEED
2 " IRS
cr y' 0 75.0 . TRAIL
GP PERMANENT l – –
�� Q RIGHT –OP –WAY Utz 01
, 0
JEFF MASSEY n 4 � 4
VOL- 16881, PG. 198 .4- , 1 3
D.R.T.C.T. a V
LOT 3. THE HILL ADDITION T
VOL 388 -159, PG. 96
P.R.T.C.T. 1.• Ltl=
r - � _ _
�� 4) 141 < O CRIPPLE CREEK
� Et LANE
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O W ?O r______ –
0 Fe 0 1
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PERMANENT LINE N 45'00'(30 "E 4.:
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N 00 °35'06 "11V( 19.71' i tv
34.98' S 89 °38'59►'E 1/21 IRS
_ 1/?' r. 269937'
-M25•
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SURVEY UNE N cENTEi2UNE - - -r/2• -IRS _ POINT OF
BEGINNING
..I_89 °39'25_ "__331 -6.4 f "PK" NAIL FOUND
IN C?dFERUNE
"PK" NAIL FOUND IN 1 INTERSECTION
CENTERLINE OF ROAD
PRESCRIPTIVE . 1
RIGHT–OF-WAY UNE y J may °• 1 1
r t' 1
-41- z
SURVEYED ON THE GROUND �. Q $' L I
OCT08ER 7. 2009 / ' 9V
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REGISTERED PROFESSIONAL . S ° U ; _ .. . f PROPETT�Y CORNER NOl
LAND SURVEYOR . % ALL PROPERTY C0R•ERS SET ARE 1/2" IRON RODS
STATE OF TEXAS NO. 1674 (1/2 1RS) WITH CAP MARKED , °5Rti TAiN & CRAWFGRD"
CITY OF SOUTHLAKE
L 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "8" - H
� BRrrrAM J &C1 woln PERMANENT RIGHT —OF —WAY
, ii•OFINC
13 ACRE OF !AN _
1.101 RS al1 � y,�
, - ,,,,,,,,,�. LOCATED IN THE ki
DX 1 — {11171+ 047 FRANCIS THROOP SURVEY ILI
P.O. as 'L WI.. AM 5010* MUMS
/OR =.. ,m x „a ABSTRACT No. 1511
SOUTHLAKE, TARRANT COUNTY,
%,auea.V+oxie\ TEXAS SCALE 1 "= 1 00' 421RQei
Exhibit "B"
Schedule from Title Commitment
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32473.5
SCHEDULE B
EXCEPTIONS FROM COVERAGE
GF Number: 09-04451
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attomey's
fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data
or delete this exception):
In policy to be issued, Item No. 1 will be deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or, oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to
that area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, and subsequent years;
and subsequent taxes and assessments by any taxing authority for prior years due to change in land
usage or ownership, but not those taxes or assessments for prior years because of an exemption granted
to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements
not assessed for a previous tax year (if Texas Short Form Residential Mortgagee Policy (T -2R) is issued,
that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of for the
year 2013 and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
r •
, f'f_f - . '.7•03. ••f •.• - - •
-z .. r.`-- - - - - .. - - - - - - - - " .
10. The following matters and all terms of the documents creating or offering evidence of the matters (We
must insert matters or delete this exception.):
(09-04451.PFD/09-04451/30)
FORM T-7: Commitment for Title Insurance (Schedul- RATITKIN TITLE COMPANY, FORT WORTH, TEXAS
B) EXHIBIT
B °fa
SCHEDULE B
(Continued)
GF Number. 09 -04451
a. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the land.
(Note: Upon receipt of a survey acceptable to Company, this exception will be deleted. Company
reserves the right to add additional exceptions per its examination of said survey.)
b. Easement for right -of -way recorded in Volume 2063, Page 351, Deed Records of Tarrant County, Texas.
c. Easement for right-of-way recorded in Volume 2063, Page 353, Deed Records of Tarrant County, Texas.
d. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in
Volume 8220, Page 437, Deed Records of Tarrant County, Texas.
< . "• e A -- - - -- ,or . is •
.. .. .. ern";
-.0 s. p ia. .. • _ •.." • S .' 11 - . t - t- '
--M . erandun7.
g. Terms, conditions, and stipulations contained in lease agreement between Jeff Massey and wife, Jodie
Lynn Massey, as Lessor, and New Cingular Wireless PCS, LLC, as Lessee, a Memorandum of which is
filed for record under Clerk's File No. D212219369, Deed Records of Tarrant County, Texas.
FORM T-7: Commitment for Tide insurance (Schedule (09 0445i.PFDl09- 0445'(130)
B) - • TUKIN TITLE COMPANY, FORT WORTH, TEXAS
EXHIBIT
B tp.t