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Corner Addition (Lot 2R, Block 1), 2002 - Special Warranty DeedRTC GF-DT-0X52310-BSGl:mm WE CEk~~rY THAT TINIAL HEREOF ~ ASp~ O~ RFGR Y OF THE ORIG SPECIAL WARRANTY DI,Rp TTIKIN TITlE COMPANY Date: EXECUTED on the date set forth in the Acknowle~~ment, but to DATED EFFECTIVE: October 23, 2002 Grantor: THE CITY OF SOUTHLAKE, a municipal corporation Grantor's Mailing Address: 1400 Main Street, Suite 460 Southlake, Texas 76092 In the County of Tarrant Grantee: ECN ENTERPRISES, INC., a Texas corporation Grantee's Mailing Address: 3511 N. Hall St., Ste. 112 Dallas, Texas 75219 In the County of Dallas Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, ALL CASH paid to Grantor herein by Grantee herein, the receipt and sufficiency of which are hereby acknowledged and confessed. Property (including any improvements): Lot 2R, Block 1, CORNER ADDITION to the City of Southlake, Tarrant County, Texas, according to plat recorded in Cabinet A, Slide 6365, Deed Records of Tarrant County, Texas. Property Address: (vacantlunimproved lot) Southlake, Texas 76092 Reservations from Conveyance: Grantor herein reserves unto itself, its successors and assigns, all of the oil, gas and other minerals, including sand and gravel, coal and lignite, etc., on, in and under and that may be produced from said Property, so that there is hereby conveyed unto the. said Grantee, and Grantee's successors assigns, the surface only of the hereinabove described Property. Grantor does hereby expressly release and waive, on behalf of itself and its successors and assigns, all rights to use the surface of the Property or any part thereof, including, without limitation, the right to enter upon the surface of the Property for the purpose of exploring for, developing, drilling, producing, transporting, treating, storing, or any other purpose instant to the development or production of the oil, gas and other minerals in, on and under the Property. Development may be obtained by directional drilling. SPECIAL WARRANTY DEED PAGE 2 Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to certain matters referred to by the parties herein as the "Permitted Exceptions", as set forth on EXHIBIT "A" attached hereto and made a part hereof. 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 heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, 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. When the context requires, singular nouns and pronouns include the plural. THE CITY OF SOUTHLAKE, a BY: (Typed/Printed T' e ATTEST: ~c. '~:~~ ,LDR .9 Acv / ° ' ice. • (Typed/Printed Name) i F k ~/ • City Secretary c ~ : :~ :v• •- . ; .,~ * ~~~. Joined herein by Grantee to signify Grantee's acceptance: ECN ENTERPRISES, INC., a Texas corporation SEE NEXT PAGE FOR SIGNATURE BY: (Typed/Printed Name) (Typed/Printed Title) G corporation SPECIAL WARRANTY DEED PAGE 2 Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to certain matters referred to by the parties herein as the "Permitted Exceptions", as set forth on EXHIBIT "A" attached hereto and made a part hereof. 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 heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, 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. When the context requires, singular nouns and pronouns include the plural. THE CITY OF SOUTHLAKE, a municipal corporation SEE PREVIOUS PAGE FOR SIGNATURE BY: (Typed/Printed Name) (Typed/Printed Title) ATTEST: SEE PREVIOUS PAGE FOR SIGNATURE (Typed/Printed Name) _ City Secretary Joined herein by Grantee to signify Grantee's acceptance: ECN ENTERPRISES, INC., a Texas corporation BY: ~%L~,~ ~ ~r~'~,'~, (Typed/Printed Name) • t,~-e"~ ~. ~ _~~ (Typed/Printed Title) ~~ ~:~~' SPECIAL WARRANTY DEED PAGE 3 ACKNOWLEDGMENT THE -STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the o~/S f' day of l~G ~ , 2002, by ~i /~~/ G'A/yl~O~c // ~i ~j ~i4Ni9l' ~:~' (Typed/Printed Name) (Typed/Printed Title) of THE CITY OF SOUTHLAKE, a municipal corporation, on behalf of said corporation. (Notary Seal): ~~~ KIM L. BUSH NOary Pub11G State of Texas Commission Expires U Y 1 2006 PREPARED IN THE LAW OFFICE OF: RATTIKIN & RATTIKIN, L.L.P. Attorneys at Law Chase Texas Tower 201 Main Street, Suite 800 Fort Worth, Texas 76102-3105 AFTER RECORDING, RETURN TO: Rattikin Title Company ATTN: Brian Grona, Senior Vice President 201 Main Street, Suite 800 Fort Worth, Texas 76102-3105 Notary ublic, State of Texas Print Name: My Commission expires: EXHIBIT "A" PERMITTED EXCEPTIONS 1. Standby Fees and Taxes for the year 2003 and subsequent years. 2. A five foot (5') wide easement along the Southwest side of the property for public utilities, as shown by plat recorded in Cabinet A, Slide 6365, Deed Records of Tarrant County, Texas and as shown on survey plat dated September 3, 2002, prepared by T. D. Disheroon, Registered Professional Land Surveyor No. 1276. 3. A ten foot (10') wide easement in North corner of the property for public utilities, as -shown by plat recorded in Cabinet A, Slide 6365, Deed Records of Tarrant County, Texas and as shown on survey plat dated September 3, 2002, prepared by T. D. Disheroon, Registered Professional Land Surveyor No. 1276. 4. A twenty foot (20') wide easement along a portion of the Southeast side of the property for drainage, as shown by plat recorded in Cabinet A, Slide 6365, Deed Records of Tarrant County, Texas and as shown on survey plat dated September 3, 2002, prepared by T. D. Disheroon, Registered Professional Land Surveyor No. 1276. 5. A ten foot (10') easement for drainage and utility granted to City of Southlake, recorded in Volume 12404, Page 2230, Deed Records of Tarrant County, Texas, as shown by plat recorded in Cabinet A, Slide 6365, Deed Records of Tarrant County, Texas and as shown on survey plat dated September 3, 2002, prepared by T. D. Disheroon, Registered Professional Land Surveyor No. 1276. 6. A fifty foot (50') building set back line along the Southeast side, as shown by plat recorded in Cabinet A, Slide 6365, Deed Records of Tarrant County, Texas and as shown on survey plat dated September 3, 2002, prepared by T. D. Disheroon, Registered Professional Land Surveyor No. 1276. 7. Concrete encroachment along the Southeast and Northeast property lines as shown on survey plat dated September 3, 2002, prepared by T. D. Disheroon, Registered Professional Land Surveyor No. 1276. 8. Reservation of all of the oil, gas and other minerals, including sand and gravel, coal and lignite, etc., on, in and under and that may be produced from said Property by THE CITY OF SOUTHLAKE, a municipal corporation, Grantor of the deed to which this is attached and made apart, with waiver of use of the surface.