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Home My WebLink About08-1296 10-28-2008RESOLUTION NO. 08 -1296 A RESOLUTION ACCEPTING THE DONATION OF 2.823 ACRES OUT OF THE G. W. COUCH SURVEY, ABSTRACT NO. 278, FORT WORTH, TARRANT COUNTY, TEXAS WHEREAS, Midway Industrial Trust, by special warranty gift deed dated August 18, 2008, conveyed and donated certain real property to the City of Euless, a copy of which is attached hereto as Exhibit "1"; and WHEREAS, it is the intention of the City Council of the City of Euless, Texas, by adoption of this resolution, to formally accept the conveyance and donation of such property to the City of Euless. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That the City of Euless, acting by and through its City Council, hereby accepts the conveyance and donation of the property described in that certain special warranty gift deed from Midway Industrial Trust to the City of Euless is attached hereto as Exhibit Be it further resolved that the City Secretary of the City of Euless is hereby directed to cause a certified copy of this resolution and its attachments to be filed among the real property records of Tarrant County, Texas, after its passage and approval as provided by law. PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the Euless City Council on the 28th day of October, 2008, by a vote of 6 • ayes, 0 nays, and o abstentions. APPROVED: -c,r . Mary Lib aleh, Mayor APPROVED AS TO FORM AND LEGALITY: Bob McFarl - d, City Attorne ATTEST: Su an Crim, MC, City Secretary SPECIAL WARRANTY GIFT DEED Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your Social Security number or your driver's license number. THE STATE OF TEXAS COUNTY OF TARRANT * * KNOW ALL MEN BY THESE PRESENTS: * THAT MIDWAY INDUSTRIAL TRUST, 3838 Oak Lawn Avenue, Suite 800, Dallas, Texas 75219 ( Dallas County, Texas), ( "Grantor "), for no consideration and for the sole benefit of the CITY OF EULESS, a home -rule municipality ( "Grantee "), whose mailing address is 201 N. Ector Drive, Euless, Texas 76039 (Tarrant County, Texas), HAS GIVEN, DONATED, GRANTED and CONVEYED, and by these presents DOES GIVE, DONATE, GRANT and CONVEY unto Grantee all that certain land situated in Tarrant County, Texas as described on that certain field note description of 2.823 acres of land out of the G.W. Couch Survey, Abstract No. 278, attached hereto and made a part hereof for all purposes, together with all appurtenances thereon or in any wise appertaining thereto. Reservations from Conveyances: For Grantor and Grantor's heirs, successors, and assigns forever, a reservation of the free, uninterrupted, and perpetual use of and a separate right to maintain, a non - exclusive easement over, through, and under the property. For Grantor and Grantor's heirs, successors and assigns forever, a reservation of all oil, gas, and other minerals in and under and that may be produced from the property. If the mineral estate is subject to existing production or an existing lease, this reservation includes the production, the Lease, and all benefits from it. Exceptions to Conveyance: Any pipeline easements granted across the land and any visible and apparent easements across the property. "As Is" Conveyance: As a material part of the consideration of this deed, Grantor and Grantee agree that Grantee is taking the property "AS IS" with any and al latent and patent defects and that there is no warranty by Grantor that the Property has aparticular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other SPECIAL WARRANTY GIFT DEED - PAGE 1 assertion with respect to the Property condition but is relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties. 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. THE STATE OF TEXAS COUNTY OF DALLAS GRANTOR: MIDWAY INDUSTRIAL TRUST By: Samuel R. Bonney, Trustee Micha• M. Smith, Trustee By: Frank B. Dunlap, III ACKNOWLEDGMENTS * * KNOW ALL MEN BY THESE PRESENTS: * BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Samuel R. Bonney known to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of Trustee of Midway Industrial Trust, and the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this /a I D-day of 2008. .60:172% ro Mary Mendez •`�`s Notary Public, State of Texas My Commission Expires: „;'`' January 31, 2010 SPECIAL WARRANTY GIFT DEED - PAGE 2 No ary Publi JState of Texas THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Michael M. Smith known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of Trustee of Midway Industrial Trust, and the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this )1Alay of 2008. AIMS, Mary Mendez Notary Public, State of Texas s My Commission Expires: January 31, 2010 THE STATE OF TEXAS COUNTY OF * * * BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Frank B. Dunlap, III, known to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of Trustee of Midway Industrial Trust, and the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of 2008. Notary Public, State of Texas SPECIAL WARRANTY GIFT DEED - PAGE 3 assertion with respect to the Property condition but is relying on Grantee's examination of the - Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties. 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. THE STATE OF TEXAS COUNTY OF DALLAS GRANTOR: MIDWAY INDUSTRIAL TRUST By: Samuel R. Bonney, Trustee By: Michael M. Smith, Trustee —"3 ` ,2— By. Frank B. Dunlap, III ACKNOWLEDGMENTS * * KNOW ALL MEN BY THESE PRESENTS: * BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Samuel R. Bonney known to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of Trustee of Midway Industrial Trust, and the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this) aay of 2008. Mary Mendez ' , 19 Notary Public, State of Texas My Commission Expires: January 31, 2010 SPECIAL WARRANTY GIFT DEED - PAGE 2 THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Michael M. Smith known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of Trustee of Midway Industrial Trust, and the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of 2008. THE STATE OF TEXAS COUNTY OF Notary Public, State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Frank B. Dunlap, III, known to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of Trustee of Midway Industrial Trust, and the purposes and consideration therein expressed and in the capacity therein stated. 2008. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this5 dayof_ilizerei ;ip�; ;F:iii4N VIRGINIA V SMITHEY A: NOTARY PUBLIC State of Texas Comm. Exp. 06 -13 -2012 SPECIAL WARRANTY GIFT DEED - PAGE 3 tary ' ublic, State o Texas Grantee's Acceptance of Deed City of Euless, Grantee, accepts the attached deed and consents to its form and substance. Grantee acknowledges that the terms of the deed conform with Grantee's intent and that they will control in the event of any conflict with the contract Grantee signed regarding the Property described in the deed. CITY OF EULESS: STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a No ry Public in and for the State of Texas, on this day personally appeared Vzil �L� 47 , of the City of Euless, Texas, and acknowledged tom that he execute the same for th(i.City of Euless, Texas, and for the purpose and consideration expressed therein, and in the capacity therein stated. Given under my hand and seal of office this the a� / Y da of �� aer , 200e. GRANTEE'S ACCEPTANCE OF DEED - SOLO PAGE Notary Publi., State o exas Field Note Description ALL hat certain tract or parcel of land situated in the G. W. COUCH SURVEY, ABSTRACT NO. 278 in the City of Fort Worth, Tarrant County, Texas and being a portion of that same tract of land described in the deed to Ross W. Smith as recorded in Volume 3638, Page 349, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch capped steel rod stamped "T LTHOMPSON" found for the southwest corner of Tract 11 of said deed, said rod being the southeast corner of that same tract of land described in the deed to City of Euless as recorded in Volume 11966, Page 1137, Deed Records, Tarrant County, Te:<as and also being in the northerly right -of -way line of Mosier Valley Road; THENCE North 01 degrees 15 minutes 36 seconds West with the westerly boundary line of said Tract 11 and with the easterly boundary Line of said Euless tract (the basis of bearings of the herein described tract) a distance of 1158.86 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set in die southerly boundary line of that same tract of land described in the deed to City of Euless as recorded in Volume 14051, Page 567, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 29 minutes 54 seconds East with said southerly boundary line a distance of 61.66 feet to the westerly boundary line of Lot 1, Block 1, Arco Addition, an Addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 617, Plat Records, Tarrant County, Texas; THENCE South 01 degrees 03 minutes 33 seconds East with the westerly boundary line of said Lot 1 a distance of 728.32 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set for the beginning of a curve to the left whose center bears North 88 degrees 56 minutes 27 seconds East at 334.26 feet; THENCE southeasterly with said westerly boundary line and with said curve through a central angle of 97 degrees 52 minutes 32 seconds and an arc length of 571.00 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set for the end of said curve; THENCE North 79 degrees 33 minutes 11 seconds East with the southerly boundary line of said Lot 1 a distance of 306.59 feet to the northerly right -of -way line of the Chicago, Rock Island and Gulf Railroad; THENCE South 73 degrees 34 minutes 09 seconds West with said railroad right -of -way line a distance of 422.32 feet to a 1/2 inch capped steel rod stamped "IvMOAK SURV INC" set in the northerly right -of -way line of said road; THENCE South 82 degrees 37 minutes 06 seconds with the northerly boundary line of said road a distance of 334.96 feet to the PLACE OF BEGINNII` G and containing 2.823 acres of land, more or less as surveyed by Moak Surveyors, Inc. in the month of September 2006. CITY OF EULESS 201 N ECTOR DR EULESS TX 76039 Submitter: CITY OF EULESS 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. Filed For Registration: 11/07/2008 02:50 PM Instrument #: D208421559 8 PGS 11111111 1 111 1111111111 11111 11111 1111 D208421559 lit 1111111 11111111111 $40.00 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. Printed by: WD