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South Village at Watermere (Lots 1x, 8, 9, 10, 11, 12, 13, 14, Block 4), 2014 - 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 COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that an existing permanent sanitary sewer easement granted to the City by Keller Watermere, LP, filed with the County Clerk of Tarrant County, Texas as Document No. D207010399, and recorded in the deed records of Tarrant County, Texas, is not being used by, nor useful or convenient to the public in general, and therefore constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. 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 current owner of the fee estate on which such easement is located, specifically, Southlake Watermark Holdings, LP, Grantee, and its successors or assigns, all of the City's right title, and interest, if any, in and to the real property described in the attached Exhibit A and shown on the attached Exhibit B. In accordance with governing law, the undersigned has been authorized to execute this conveyance by Ordinance No. 1108, passed by the City Council of the City of Southlake on Q eee' b./ - 4, o ts9 ic( , a copy of which ordinance is attached hereto as Exhibit C and incorporated herein by reference. This deed shall convey any right, title and interest, if any, 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 such property conveyed, if any, 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 the day of 6er,e b .W' , 2014. CITY OF SOUTHLAKE, Grantor r • 4. By: The onorable John errell, Mayor ATTEST: ss `t u21 F dadP Y + • V 0% �� • s0) . Lori Payne, City Sec ? . r'rr ....A......... $ • STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared John Terrell, Mayor of the City of Southlake, known to me 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ( 8.- day of biLeje , 2014. k p rorrr�rrutryyyypyy,yyxs: ��" "'�, NOTARY PUBLIC LORI PAYNE No Public in an or the State of Texas 4 $. commemou EXPIRES: 10-27-2017 /0 — -7 —2 17 My Commission expires: After filing please return to: City Secretary City of Southlake 1400 Main Street Southlake, Texas 76092 EXHIBIT `A" 15' SANITARY SEWER EASEMENT ABANDONMENT SOUTH VILLAGE AT WATERMERE 9,072 SQ. FT. OR 0.208 ACRE Being that certain 9,072 square feet (0.208 acre) tract of land situated in the Jesse C. Alien Survey, Abstract No. 18, City of South lake, Tarrant County, Texas, and being a portion of that certain tract of land conveyed to Keller Watennere, LP. by deed recorded in Document No. D206238263, of the Deed Records of Tarrant County, Texas, also being a portion of Lots 1X, 8, 9, 10, 11. 12, 13 and 14, Block 4, South Village at Watermere, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Document No. D214208586, Official Public Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at o 1/2 inch iron rod found for an Internal corner of sold South Village at Watermere, same being in the east line of Lot 15, said Block 4, of said South Village at Watermere, same being the southwest comer of Lot 4R2, Watermere at Southlake, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Document No. 0212033579, said Official Public Records, same being in the east line of said Keller Watermere, LP. tract; THENCE South 00 deg. 01 min. 06 sec. East, through the interior of said Lot 15, and said Lot 14, of said Block 4, a distance of 33.14 feet to a point for the northeast corner of the herein described tract, same being the POINT OF BEGINNING; THENCE South 00 deg. 01 min. 06 sec. East, continuing through the interior of said Block 4, some being Lots 14, 13, 12, 11, 10, 9, 8 and 1X, a distance of 604.18 feet to a point for the southeast comer of the herein described tract, same being in the south line of said Lot 1X. same being in the north line of Riverbrook Way (o Private Street, as dedicated per said South Village at Watermere), same being in a non — tangent curve to the right having a radius of 18.50 feet, a delta angle of 16 deg. 12 min. 16 sec., and a chord bearing and distance of South 81 deg. 54 min. 51 sec. West, 5.21 feet; THENCE along the south line of said Lot 1X, and the north line of said Riverbrook Way as follows: In a southwesterly direction, and along said non — tangent curve to the right, an arc distance of 5.23 feet to a point for the end of said curve; North 89 deg. 59 min. 00 sec. West, a distance of 9.84 feet to o point for the southwest comer of the herein described tract; THENCE North 00 deg. 01 min. 06 sec. West, through the interior of said Lots 1X, 8, 9, 10, 11, 12, 13 and 14, said Block 4, a distance of 604.91 feet to a point for the northwest corner of the herein described tract, same being in the interior of said Lot 14; THENCE South 89 deg. 59 min. 44 sec. East, through the interior of said Lot 4, a distance of 15.00 feet to the POINT OF BEGINNING and containing 9,072 square feet or 0.208 acre of computed land, more or less. NOTES: 1. IRF — Iron Rod Found 2. Bearings are based an the west One (North 00 deg. 05 min. 42 sea W..t1, a tract of land mneled to Keller Watemere. LP. by deed recorded In Document No. D20623E263, of the Deed Raowa of Terror! Counts Teeae, 3. All perimeter monuments shown hreen are pletk capped 1/2 Inch Iron reds sot stomped POSER & MANION SURV. Unties otherwise noted A. UE — Utility Easement 5. SSE— Sanitry Sewer Easement 6. O k UE — Drainage and UtS,ty Easement 7. PED — Pedestrian 8. D,A, k UE — Drainage, Amer, and Utility Easement 6. DE — Drainage Easement 10. Tlts property P riot bit,, U absttracte r the client's re quest. and this money was perrormad without the benefit �OR R��IE a a Utls eemmltrwent eft aasemants may net be shown. PRELIM 0 / /r") JOB NO.: P -1180 SSE_4B PEISER & MANKIN DATE 10/30/2014 SURVEYING, LLC n NosNtRed w Surveys Na 6,22 FIELD DATE 10/28/2014 www.peisersurveying.com Tana • SCALE: 1" — 60' 623 E. DALLAS ROAD P g GRAPEVINE, TEXAS 76051 DRAWN: T.R.M. 817-481-1806 (0) Surveyors LLC HELD: M.O. 817 -481 -1809 (F) COMMERCIAL • RESIDENTIAL FIRM NO. 100999 -00 BOUNDARiES • TOPOGRAPHY Member shoe 1977 MORTGAGE 1 I 1x 1 l iftF 1e 111 EXHIBIT 2 P VA 15 SANITARY SEWER EASEMENT OPE SPACE E I ' (TD REAM) 110207010399 15' SANITARY SEWER EASEMENT I j ` ABANDONMENT 30x30' 1 1 17 11 SOUTH VILLAGE AT WATERMERE `ur. W 9,072 SQ. FT. OR 0.208 ACRE o (p 20' D.E II S7 4£i.. — — — — �� SOUINLAIfE WATERMARK IIOI.DINOS, LP �! t8 DOCUMENT NO. 0205378834 17xR� ^ ry y I IX LOT 4R2, BLOCK 1 DOC. NO. D212033579 UM MD—RES ^ .ry swarm DOSING 20/1118a SP-2 15 33.14' ry , P.O.C. / .4 / BLOCK 4 / ft. I P RIVY EN S8959� E �� I e °11/2- Q1F P.O.B._ 1/2' n• \11 t; R l 14 011 v 18 / A ti E 13 , • 0 , 1 r+! 17 BLOCK 4 e t PORTION OF DC. 15' S.S.E. 4, Ka0 ABANDONED HEREON \ w . 16 pm / 9 . 0 1 .2 2 0 7. 0 15' D.E. 4 uti b. I o \ _ - 11 z a ei d)- p I BLOCK 3 v 0, o SOUTH VILLAGE AT 10 • IF,_, >= r 4 —' WATERMERE m r s INST. NO. D214208588 - ;e W I 14 I b PORTION OF 9 re KELLER WATERMERE, LP. co / Cl.. EN - DOCUMENT NO. .. .. 40 co 0208238283 8 �i I I o u i 73 P j r • 0 L o I 12 4 5 6 7 u1 I I� BLOCK 4 Ic 11 1 aC aurora U E 1 '' ---- 10' uTRRY EASEMENT r rM �iifa�Wr� WAY L0T 1� BLOCK 5 � . D=161216" I a S d um nY mom: /A `\ R= 18.50' 1 PRIVATE STREE N89'59 ` OQ W L= =5.23' �� ��r— - C B =S81'S4'S1'W 1 OPEN CD =5.21' 4 5 6 SPACE t D 7 8% 9 15' SANITARY SEWER EASEMENT (TO REMAIN) 0207010399 LOT IX, BLOCK 3 VERANDAS AT _ - -5'— - - -1- - -L I --- so /2' IRF - -- 11/2 . i/r 5R — -- 0/2' Inc FOR REVIEW j all I yr IRF (AN 85' PUBLIC RIGHT OF WA pR� - \ M \N A C /2p� 4 JOB NO.: P -1180 SSE_AB PEISER & MANKIN R . DATE: 10/30/2014 SURVEYING, LLC I TIMOTHY . Proof.i ai Sumps No. en FIELD DATE: 10/28/2014 www.peisersurveying.com SCALE: 1° = 60' 623 E. DALLAS ROAD s Society of ' GRAPEVINE, TEXAS 76051 Profey surveyor. , DRAWN: T.R.M. 817 - 481 -1806 (0) /i� FIELD: M.O. 817- 481 -1809 (F) COMMERCIAL • RESIDENTIAL FIRM NO. 100999 -00 BOUNDARIES • TOPOGRAPHY Member Siaoe 1977 MORTGAGE Ordinance No. 1108 ORDINANCE NO. 1108 AN ORDINANCE VACATING AND ABANDONING A PERMANENT SANITARY SEWER EASEMENT PREVIOUSLY GRANTED TO THE CITY BY KELLER WATERMERE, LP, WHICH EASEMENT IS FILED AS INSTRUMENT NO. D207010399 AND RECORDED IN THE DEED RECORDS OF TARRANT; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THIS EASEMENT TO THE OWNERS OF THE FEE ESTATE; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ( "the City ") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on or about December 22, 2006, Keller Watermere, LP granted a permanent sanitary sewer easement ( "the easement ") to the City, which easement is filed of record as Instrument No. D207010399 and recorded at The Deed Records Of Tarrant County, Texas; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the easement is not being used by, nor useful or convenient to the public in general, and that the public would be better served and benefited by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest in the easement, the City desires to execute a quitclaim deed releasing and assigning all title and control in said easement to the owners of the fee estate on which the easement is located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City Council fmds that the permanent utility easement granted to the City on or about December 22, 2006 by Keller Watermere, LP, which easement is filed of record as Instrument No. D207010399 and recorded at The Deed Records of Tarrant County, Texas, and which is attached hereto as Exhibit A, is not being used by, nor useful or convenient to the public in general and that the public would be better served and benefited by the vacation and abandon of the easement. 1 Ordinance No. 1108 SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed to the above - described easement to the current owner of the fee estate on which the easement is located, specifically, Southlake Watermark Holdings, LP. SECTION 3 After the quitclaim deed is executed, the City Secretary is authorized and instructed to file it in the deed records of Tarrant County, Texas. 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. SECTION 5 This Ordinance shall be in full force and effect from and its passage, and it so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 18TH DAY OF NOVEMBER, 2014. 7 THE HONORABLE JO a ■ C. TERRELL, MAYOR ATTEST: ; • .•` � vSH . St, :7 0 : k :000 ) s V •-• LORI PAYNE, C SECRETA '.Y 2 Ordinance No. 1108 PASSED AND APPROVED ON SECOND READING ON THIS 2ND DAY OF DECEMBER, 2014. 41 416 THE HONORABLE JO C. TERRELL, MAYOR tt tttttttttt ATTEST: , , `� �vj H°V AU: >- ms s• s LORI PAYNE, CItk SECRETMY * ** APPROVED AS TO FORM AND LEGALITY: r geeLL- CITY ATTORNEY EFFECTIVE: 42 ' 009 -020 3 CITY OF SOUTHLAKE PERMANENT SANITARY SEWER EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § That I, KELLER WATERMERE, LP, GRANTOR herein, for and ha consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating sanitary sewer facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to-wit: A 15 foot wide Permanent Sanitary Sewer Easement containing approximately 0.40 acres, as more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent Sanitary Sewer Easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent Sanitary Sewer Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person. 20/3q9p // ' Page 1 of 3 IN WITNESS WHEREOF, this dedication instrument is executed this lot- day of 042144--. , 2006. BY: A BY: GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned autthority in and for Tarrant County, Texas, on this day personally appeared Ricky)4 G %mmons known to me or proved to me through 1(€M utcb .e. (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. �j GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 69 day of 'pe 2006. I ` NOTARY SEAL /' - 11 d a / No . Public, Sta 7 exas I. VW( t tAnab� KAR E. lO ate of Notary's Name (Printed) r4. Not A Public. State of Texas _ • My Commission Expires `O (h Q F l VU • Novembot 30, 2008 Notary's Comm ssion Expires 22b761D3Q9 p• 2/L Page 2 of 3 • CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the 2Zn 1 day of Nid'D11b.D� , 2006, from 1 RIP) 10111)P)o) P to the CITY OF SOUTHLAKE, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. /Z2Z -d1a Dated SEAL Mayor, CirikOF SOUTHLAKE THLAC ATTEST: v .,:... @Q 81 • ity Secretary ,14 ....uiii AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817 - 748 -8098 Fax: 817 -748 -8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 1Z076103 59 Page 3 of 3 EXHIBIT "A" Being a 0.40 acre of land situated in the Jesse C. Allen Survey, Abstract No. 18 in Tarrant County, Texas, and being a portion of a tract of land conveyed to Keller ISD recorded in Volume 12658, Page 543, of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the southwest corner of the remainder of a tract of land conveyed to Owen Property Management by deed as recorded in Volume 15204, Page 410, Deed Records, Tarrant County, Texas, same being the southwest corner of said Keller ISD tract, same being in the north right -of -way line of Union Church Road; THENCE North 89 deg. 56 min. 11 sec. West, along the common line of said Keller ISD tract, and the north right -of -way line of said Union Church Road, a distance of 15.00 feet to a point for corner; THENCE North 00 deg. 01 min. 06 sec. West, through the interior of said Keller ISD tract, a distance of 1168.83 feet to a point for corner, said point being in the north line of said Keller ISD tract, same being in the south line of a called 22.57 acre tract of land conveyed to Southlake Watermark Holdings, LP, recorded in Document No. D205375632, of the Deed Records of Tarrant County, Texas; THENCE North 89 deg. 59 min. 47 sec. East, along the common line of said Keller ISD tract, and said 22.57 acre tract, a distance of 15.00 feet to a 1/2 inch iron rod found for corner, said point being the northeast corner of said Keller ISD tract, same being in the west line of a called 3.99 acre tract of land conveyed to Southlake Watermark Holdings, LP, recorded in Document No. D205375634, of the Deed Records of Tarrant County, Texas; THENCE South 00 deg. 01 min. 06 sec. East, along the common line of said Keller ISD tract, and said 3.99 acre tract, passing the southwest corner of said 3.99 acre tract, same being the northwest corner of the remainder of said Owen Property Management, and continuing a total distance of 1168.85 feet to the POINT OF BEGINNING and containing 17,532 square feet or 0.40 acres of computed land. , Hugh E. Peiser R.P.L.S. No. 3688 November 9, 2006 P- 1180EX1Legal E OF 3 . • .HI-►GH E. PesE , 3688 ER . �,� •.�E . • , ' 1)2671)10399 p414, • a'N . J Y U a -I a S r, ZW 3 oN Z H 8 Z 10 a1 > 0U) w^ 6 a ES 0 Y 04 ` go � wz .- JJ V10 . 9... W W 9 zr 1.(1- 6 via U N JO W 7N Sao =O 0 o Z0 • o W h cz rn N . W 1' b 0 W 0 to a co '- Z \ il 5 wa f" (/1 5 Z m � W .o wp i ..c,,,,, in s<ci 6? co M N t U • m O M; co `- j` 0 — < *• M • i W SO ON ro N i 0 ID i t (C›- 0 d ifla 2. N o .- y O we) > Os Yz ioN. O k �- 41w Z W y � ` 2. W ` .. O S 0 z • p 2 �a g 74 Iz : ! .. o : W HUG e sa EISEjq • 0 *•Pa (.q'- rssio." io o 1 UNION CHURCH co .i o ROAD , NOTES: 6�3✓Z 1. IRF - Iron Rod Found d � 2. Basis of Bearing - Subject Plot Z HUGH E. PEISER e.pre..d Proluiland LIM arepr es MO JOB NO. PEISER SURVEYING CO. P- 1180EX1 www.peisersurveying.com DA nn p� DATE: Ps • of P8 b20 /! SCALE: 801 ENTERPRISE DRNE S nows P.n11 1. - 100' FLOWER MOUND, TEXAS 75028 // (972) 724 -5776 DRAWN BY: (972) 724 -5779 FAX BOUNDARIES • TOPOGRAPHY C.A. Member Shim 1277 MORTGAGE CITY OF SOUTHLAKE '- "/ 1400 MAIN ST 270 SOUTHLAKE TX 76092 Submitter: CITY OF SOUTHLAKE - ZSLKE-001 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. d For Registration: 01109/200712:28 PM • = tru #: D207010399 OPR 6 PGS $32.00 Ogri Allik 11111011111011101111101111 11 AH IIM INN MN 1111 D207010399 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. MARY LOUISE GARCIA COUNTY CLERK its .,.„ ° 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: 12/5/2014 10:32 AM Instrument #: D214263639 WD 14 PGS $64.00 By D214263639 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.