North Park, 2009 - Quitclaim Deed
QUITCLAIM DEED OFFICIAL RECORD
The UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior,
acting by and through the Southeast Regional Director, National Park Service, under and pursuant
to the power and authority contained in the provisions of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 485,
91st Congress, and regulations and orders promulgated thereunder (hereinafter designated
"Grantor"), for and in consideration of the perpetual use of the hereinafter described premises for
public park and public recreation area purposes by the City of Southlake, Texas (hereinafter
designated "Grantee"), released and quitclaimed to Grantee, and to its successors and assigns, subject
to the reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and set
forth, all Grantor's right, title and interest in and to the following approximately 0.569 acres of
unimproved land known as the former FAA Outer marker DFW 13R (I") located at 372 East
Dove Rd., Southlake, Tarrant County, Texas 76092 and more particularly described
as follows:
All that certain tract or parcel of land situated in the City of Southlake, Tarrant
County, Texas, being a portion of the J.W. Chivers Survey, Abstract No. 350, and
also being a 0.569-acre tract out of that certain 32.8-acre tract conveyed by W.C.
McPherson et ux to Robert Lee McPherson as recorded in Volume 2867, page 1935
of the Deed Records of said County, and bounded as follows:
BEGINNING at an iron pin found at fence corner in the north line of East Dove Road
for southeast corner of this tract and most westerly southeast corner of said 32.8-acre
tract; Thence West with north line of said road, 50.00 feet to a11/2 inch iron pin set for
southwest corner of this tract; Thence N.01'20'23 "E., 496.26 feet to a %2 inch iron pin
set for northwest corner of this tract; Thence S.89°47'13"., 50.00 feet to an iron pin
found at fence corner for northeast corner of this tract and ell corner of 32.8-acre
tract; Thence S.01'20'23 "W. with most westerly east line of 32.8-acre tract and along
fence, 497.07 feet to the place of BEGINNING and containing 0.569-acre of land.
SAVE AND EXCEPT, and there is hereby reserved unto the United States of America, and
its assigns, all oil, gas and other minerals lying upon the surface or at any depth of the above
described property, together with the right of ingress and egress at all time for the purpose of mining,
drilling, exploring, operating, and developing said lands for oil, gas and other minerals and removing
the same therefrom.
SAVE AND EXCEPT, and there is hereby reserved unto the United States of America, and
its assigns, all rights and interests which have been previously reserved to the United States of
America in any patent(s) which cover(s) the property.
FURTHER, SUBJECT TO the following, to the extent and only to the extent that they are
valid and subsisting and affect the above-described premises:
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1. All existing licenses, permits, easements and rights-of-way for public streets, roads
and highways, public utilities, electric power lines, electric transmission facilities,
railroads, pipelines, ditches, conduits and canals on, over and across said land,
whether or not of record.
2. All existing interest(s) to or outstanding in third parties in and to water rights, ditch
rights, as well as oil, gas, and/or minerals, whether or not of record.
3. All other existing interest reserved by any grantor(s) in chain of title unto said
grantor(s), their respective successors and assigns, which affects any portion of the
property interest(s) hereinabove described, whether or not of record.
4. Any survey discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments, or protrusions, or any overlapping or improvements, which may
affect the subject property.
5. Existing ordinances or resolutions, special purpose district rules and regulations,
including soil conservation district rules and regulations and water conservancy
district rules and regulations, filed of public record affecting all or any portion of the
subject property.
To Have and to Hold the hereinbefore described property, subject to the reservations,
exceptions, restrictions, conditions and covenants herein expressed and set forth unto the Grantee,
its successors and assigns, forever.
Pursuant to authority contained in the Federal Property and Administrative Services Act of
1949, as amended, and applicable rules, regulations and orders promulgated thereunder, the General
Services Administration determined the subject property to be surplus to the needs of the United
States of America and assigned the property to the Department of the Interior for further conveyance
to the City of Southlake, Texas.
It is agreed and understood by and between the Grantor and Grantee, and the Grantee, by its
acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant
and agree for itself, and its successors and assigns, forever, as follows:
1. The property shall be used and maintained for the public purposes for which it was
conveyed in perpetuity as set forth in the Program of Utilization and Plan contained in the
application, submitted by the Grantee on November 6, 2008, which program and plan may be
amended from time to time at the request of either the Grantor or Grantee, with the written
concurrence of the other party, and such amendments shall be added to and become a part of the
original application.
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2. The Grantee shall, within 6 months of the date of this deed of conveyance, erect and
maintain a permanent sign or marker near the point of principal access to the conveyed area which
says:
This park land was acquired through the FEDERAL LANDS TO PARKS
PROGRAM of the United States Department of the Interior, National Park Service,
for the public's recreational use and enjoyment.
3. The property shall not be sold, leased, assigned, or otherwise disposed of except to
another eligible governmental agency that the Secretary of the Interior agrees in writing can assure
the continued use and maintenance of the property for public park or public recreational purposes
subject to the same terms and conditions in the original instrument of conveyance. Any mortgage,
lien, or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall
constitute an impermissible disposal. However, this provision shall not preclude the Grantee and its
successors or assigns from issuing revenue or other bonds related to the use of the property to the
extent that such bond shall not in any way restrict, encumber, or constitute a lien on the property.
Further, nothing in this provision shall preclude the Grantee from providing related recreational
facilities and services compatible with the approved application, through concession agreements
entered into with third parties, provided prior concurrence to such agreements is obtained in writing
from the Secretary of the Interior.
4. From the date of this conveyance, the Grantee, its successors and assigns, shall submit
biennial reports to the Secretary of the Interior, setting forth the use made of the property during the
preceding 2-year period, and other pertinent data establishing its continuous use for the purposes set
forth above, for ten consecutive reports and as further determined by the Secretary of the Interior.
5. All revenue received by the Grantee through concession agreements, use permits, or other
fees generated by activities on the property shall be used only for the implementation of an approved
Program of Utilization or the operation of park and recreation facilities and programs on the
property. After the Program of Utilization is completed, and as long as the property is properly and
sufficiently operated and maintained, the revenue may be used for other public park and recreational
purposes by the Grantee. Any revenue received by the Grantee which is generated on or by the
operation of the property shall not be used for non-recreational purposes. Any revenue received by
the Grantee which is generated through the operation of the property shall be listed and accounted
for in its biennial reports to the National Park Service.
6. The Grantor, and any representative it may so delegate, shall have the right of entry upon
said premises at any time to conduct inspections of the property for the purpose of evaluating the
Grantee's compliance with the terms and conditions of this deed.
7. As part of the consideration for the Deed, the Grantee covenants and agrees for itself, its
successors and assigns, that (1) the program for or in connection with which this Deed is made will
be conducted in compliance with, and the Grantee, its successors and assigns, will comply with all
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requirements imposed by or pursuant to the regulations of the Department of the Interior in effect
on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d-1); (2) this covenant shall be subject in all respects to the
provisions of said regulations; (3) the Grantee, its successors and assigns, will promptly take and
continue to take such action as may be necessary to effectuate this covenant; (4) the United States
shall have the right to seek judicial enforcement of this covenant, and (5) the Grantee, its successors
and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or
other arrangements with the Grantee, its successors and assigns, is authorized to provide services or
benefits under said program, a written agreement pursuant to which such other person shall, with
respect to the services or benefits which he is authorized to provide, undertake for himself the same
obligations as those imposed upon the Grantee, its successors and assigns, by this covenant, and (b)
furnish a copy of such agreement to the Secretary of the Interior, or his successor; and that this
covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical
classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and
equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the
Grantee, its successors and assigns.
8. The Grantee agrees to comply with the requirements of Public Law 90-480 (82 Stat. 718),
the Architectural Barriers Act of 1968, as amended by Public Law 91-205 of 1970 (84 Stat. 49), and
the Americans with Disabilities Act of 1990 (104 Stat. 337) to assure that development of facilities
on conveyed surplus properties for public park and recreation purposes are accessible to the
physically handicapped; and, further assure in accordance with Public Law 93-112, the
Rehabilitation Act of 1973 (87 Stat. 394), that no otherwise qualified handicapped individual shall
solely by reasons of his handicap be excluded from the participation in, be denied benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
9. The Grantee, by acceptance of this deed, acknowledges that it has received the following
notice of hazardous substance activity and reservation of access by the Grantor concerning the herein
described lands. Each of these statements is given by the Grantor in compliance with Section
120(h)(3) ofthe Comprehensive Environmental Response, Compensation and Liability Act of 1980,
as amended (CERCLA), 42 U.S.C. §9620(h)(3):
(A) NOTICE Regarding Hazardous Substance Activity. Pursuant to 40 C.F.R. 373.2 and
Section 120(h)(3)(A)(I) ofthe Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended (CERCLA)(42 U.S.C. § 9620(h)(3)(A)(I), and based upon a complete
search of agency files, the United States gives notice that no hazardous substances have been
released or disposed of or stored for one year or more on the conveyed property.
(B) CERCLA Covenant. The Grantor warrants that all remedial action necessary to protect
human health and the environment has been taken before the date of this conveyance.
Grantor further warrants that it shall take any additional response action found to be
necessary after the date of this conveyance regarding hazardous substances located on the
subject property on the date of this conveyance.
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(1) This covenant shall not apply:
(a) in any case in which Grantee, its successors or assigns, or any successor in interest
to the subject property or part thereof is a Potentially Responsible Party (PRP) with
respect to the subject property immediately prior to the date of this conveyance; or
(b) to the extent but only to the extent that such additional response action or part
thereof found to be necessary is the result of an act or failure to act of the Grantee,
its successors or assigns, or any party in possession after the date of this conveyance
that either:
(I) results in a release or threatened release of a hazardous substance that was not
located on the subject property on the date of this conveyance; or
(ii) causes or exacerbates the release or threatened release of a hazardous substance
the existence and location of which was known and identified to the applicable
regulatory authority as of the date of this conveyance.
(iii) in the case of a hazardous substance(s) previously unknown by Grantor and
Grantee as of the date of this conveyance but which is hereafter discovered by
Grantee, its successor(s) or assign(s), or any party in possession and where after such
discovery, Grantee, its successor(s) or assign(s), or any party in possession thereafter
causes or exacerbates a release of threatened release of such hazardous substance(s).
(2) In the event Grantee, its successors or assigns, seeks to have Grantor conduct any
additional response action, and, as a condition precedent to Grantor incurring any additional
cleanup obligation or related expenses, Grantee, its successors or assigns, shall provide
Grantor 45 days written notice of such a claim. In order for the 45-day period to commence,
such notice must include credible evidence that:
(a) the associated contamination existed prior to the date of this conveyance; and
(b) the need to conduct any additional response action or part thereof was not the
result of any act or failure to act by the Grantee, it successors or assigns, or any party
in possession.
(C) Access. Grantor reserves a right of access to all portions of the subject property for
environmental investigation, rededication or other corrective action. This reservation
includes the right of access to and use of available utilities at reasonable cost to
Grantor. These rights shall be exercisable in any case in which a remedial action,
response action or corrective action is found to be necessary, or in which access is
necessary to carry out a remedial action, response action, or corrective action on
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adjoining property. Pursuant to this reservation, the United States of America, and
its respective officers, agents, employees, contractors and subcontractors shall have
the right (upon reasonable advance written notice to the record title holder) to enter
upon the subject property and conduct investigations and surveys, to include drilling,
test-pitting, bores, data and records compilation and other activities related to
environmental investigation, and to carry out remedial or removal actions as required
or necessary, including but not limited to the installation and operation of monitoring
wells and pump wells, and treatment facilities. Any such entry, including such
activities, responses or remedial actions, shall be coordinated with Grantee, its
successors and assigns, and shall be performed in a manner that minimizes
interruption with activities of authorized occupants.
10. Grantee shall be on the lookout for archeological artifacts during any construction
activities and shall take appropriate action should any artifacts be discovered. Grantee shall comply
with the provisions of 36 C.F.R. Part 800, regarding protection of historic and cultural properties.
Grantee's development plans shall avoid sites identified by a Cultural Resources Assessment of the
property, and, prior to any alteration or construction on the property, Grantee shall consult with the
Texas State Historic Preservation Office. Grantee's Cultural Resources Assessment shall include
a plan to protect any potential buried cultural resources which may be discovered and a data
identification/recovery plan for identification and recovery of archeological data from the property.
11. The Grantee covenants for itself, its successors and assigns, and every successor in
interest to the property herein described, or any part thereof, that any construction or alteration is
prohibited unless a determination of no hazard to air navigation is issued by the Federal Aviation
Administration in accordance with Title 14, Code of Federal Regulation, Part 77, entitled "Objects
Affecting Navigable Airspace", or under authority of the Federal Aviation Act of 1958, as amended.
12. The Grantee agrees to comply with the National Environmental Policy Act of 1969, as
amended, the 1977 Amendments to the Federal Water Pollution Control Act (Clean Water Act of
1977), the Federal Disaster Protection Act of 1973 (87 Stat. 975), Executive Order 11288, Executive
Order 11990 (May 24, 1977) for Protection of Wetlands and Executive Order 11988 (May 24, 1977)
for Floodplain Management, where and to the extent said Amendments and Orders are applicable
to the property herein conveyed, and Grantee shall be subject to any use restrictions issued under said
Amendments and Orders.
13. The Grantee shall comply with all applicable Federal, State, and local laws, regulations
and standards that are or may become applicable to the Grantee's activities on the property being
conveyed.
14. In the event there is a breach of any of the conditions and covenants herein contained
by the Grantee, its successors and assigns, whether caused by the legal or other inability of the
Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right,
title and interest in and to said premises shall revert to and become the property of the Grantor at its
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option, which in addition to all other remedies for such breach shall have the right of entry upon said
premises, and the Grantee, its successors and assigns, shall forfeit all right, title and interest in said
premises and in any and all of the tenements, hereditaments and appurtenances thereunto belonging;
provided, however, that the failure of the Secretary of the Department of the Interior to require in any
one or more instances complete performance of any of the conditions or covenants shall not be
construed as a waiver or relinquishment of such future performance, but the obligation of the
Grantee, its successors and assigns, with respect to such future performance shall continue in full
force and effect. The Grantee, by its acceptance of this deed, covenants and agrees for itself, and its
successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and
interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu
of a reverter, then the Grantee shall provide protection to and maintenance of said property at all
times until such time as the title is actually reverted or returned to and accepted by the Grantor,
including the period of any notice of intent to revert. Such protection and maintenance shall, at a
minimum, conform to the standards prescribed by the General Services Administration in its Federal
Property Management Regulations, 41 C.F.R. 101 - 47.402, in effect at the time of the reversion.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name
and on its behalf this the day of 2009.
UNITED STATES OF AMERICA
acting by and through the
Secretary of the Interior
Through:
Regional Director
Southeast Region
National Park Service
WITNESSES: By:
1 Chris Abbett
(J Assistant Regional Director
For Partnerships
Southeast Region
STATE OF GEORGIA )
)ss
COUNTY OF FULTON )
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IN073574 p.1 qID
On this 13 day of ~F13,ev s~-,c~j , 2009, before me, the subscriber,
personally appeared Chris Abbett, Assistant Regional Director For Partnerships, Southeast Region,
National Park Service, of the United States Department of the Interior, a governmental agency of the
United States of America, and known to me to be the same person described in and who executed
the foregoing instrument, as the act and deed of the United States of America, for and on behalf of
the Secretary of the Interior, duly designated, empowered and authorized so to do by said Secretary
and he acknowledges that he executed the foregoing instrument for and on behalf of the United
States of America for the purposes and uses therein described.
NOTARY PUBLIC
My commission expires:
The foregoing conveyance is hereby accepted and the undersigned agrees, by this
acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements
therein contained.
CITY OF SOUTHLAKE
STATE OF TEXAS
By:
Nana Yelve
City Manager
STATE OF TEXAS )
)ss
COUNTY OF TARRANT )
On this `1 day of L~ , 2009, before me, the undersigned
Officer, personally appeared Shana Yelverton, to me known and known to me to be the same person
whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did depose and
say that she is City Manager City of Southlake, Texas, that she is duly designated, empowered and
authorized by Section 4.14 ofthe Southlake Charter, revised by the City Council of Southlake, Texas
on November 6, 2007 and the Regular City Council Meeting of October 21, 2008, to execute the
foregoing acceptance and sign her name thereto; and that she signed her name thereto and
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p2~o1351~ p.g ~ ~D
acknowledges that she executed the foregoing instrument for and on behalf of the City of Southlake,
Texas, for the purposes and uses therein described.
NOT Y PUBLIC
My Commission expires: \M L.8
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7/3/ IaDID
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07-31
RETURN TO:
CITY OF SOUTHLAKE
OFFICE OF THE CITY SECRETARY
1400 MAIN STREET, SUITE 270
SOUTHLAKE, TEXAS 76092
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CITY OF SOUTHLAKE OFFICE OF THE CITY SECRETARY `
1400 MAIN ST SUITE 270
SOUTHLAKE TX 76092
Submitter: CITY OF SOUTHLAKE
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO O DESTROY
WARNING - THIS IS PART THE OFFICIAL RECORD.
Filed For Registration: 03/18/2009 10:48 AM
Instrument D2 9073574
10 S $48,00
By:
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D20907357
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL R U
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL L.
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