HomeMy Public PortalAboutOrdinance No. 1344-18 02-12-2018ORDINANCE NO. 1344-18
AN ORDINANCE OF THE CITY OF RICHLAND
HILLS, TEXAS APPROVING THE SALE OF A RIGHT-
OF-WAY LOCATED AT OR NEAR THE FOLLOWING
BLOCKS: 7400 DOGWOOD PARK, 7300 AND 7400
TOWER STREET AND 7400 WHITEHALL STREET,
BY A RIGHT-OF-WAY CONVEYANCE AGREEMENT
AND DEED WITHOUT WARRANTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills (the "City") is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City owns the right-of--way located at, or near, the following blocks:
7400 Dogwood Park, 7300 and 7400 Tower Street and 7400 Whitehall Street (the "Affected
Blocks"), all located wholly within the City and more specifically described in the Right-of--Way
Agreement attached as Exhibit "A"; and
WHEREAS, the City entered into an understanding with the property owner abutting the
Affected Blocks that allowed for parking to be placed within the City's right-of--way; and
WHEREAS, Section 272.001 of the Texas Local Government Code authorizes the City
to convey its interest in aright-of--way for fair market value to an abutting property owner.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS;
SECTION 1
The City of Richland Hills conveys the right-of--way located at, or neaz, the Affected Blocks,
and more specifically described in Exhibits "A" and "B" attached hereto and incorporated herein,
subject to the reservation of a drainage and utility easement covering the described property, as
expressly set forth in Exhibit "B".
SECTION 2
The City Manager of the City of Richland Hills, Texas, is hereby authorized and empowered
to execute the Right-of--Way Conveyance Agreement and Deed without Warranty, attached hereto as
Exhibits "A" and "B" hereto.
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SECTION 3
The Deed without Warranty shall be presented for filing to the County Clerk of Tarrant
County, Texas by the office of the City Secretary.
SECTION 4
PROVISIONS SEVERABLE
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
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVES ON THIS 12~' DAY OF FEBRUARY, 2018.
T ORABLE R BILL AGAN
ATTEST:
V
CATHY BO G, CITY SEC ARY
EFFECTIVE DATE: Z - J ~Z - Zc~/
APPROVED AS TO FORM AND LEGALITY:
BET CI Y ATTORNE
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~~~~r'r r n n n m i i i ii~~\\
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Exhibit "A"
Right-of--Way Conveyance Agreement
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RIGHT-OF-WAY CONVEYANCE AGREEMENT BETWEEN THE CITY OF
RICHLAND HILLS AND 356 MIDWAY VENTURE LLC
STATE OF TEXAS
COUNTY OF TARR.ANT
This Right-of--Way Conveyance Agreement (Agreement) is made and entered into by and
between the CITY OF RICHLAND HILLS, a borne rule municipal corporation organized under
the laws of the State of Texas (City), acting herein by and through Mayor Bill Agan, and 356
Midway Venture LLC (Buyer). City and Buyer may sometimes be referred to collectively as the
"Parties," and individually as a "Party."
RECITALS
WHEREAS, the City owns the right-of--way located at, or near, the following blocks:
7400 Dogwood Park, 7300 and 7400 Tower Street and 7400 Whitehall Street (the "Affected
Blocks"}, all located wholly within the City and more specifically described in Exhibit A
attached to this Agreement; and
WHEREAS, the City entered into an understanding with the property owner abutting the
Affected Blocks that allowed for parking to be placed within the City'sright-of--way; and
WHEREAS, Section 272.001 of the Texas Local Government Code authorizes the City
to sell its interest in aright-of--way for fair market value to an abutting property owner; and
WHEREAS, Buyer has procured a Survey to determine the surface area of the right-of-
way to be sold to Buyer that will be used to establish Fair Market Value; and
WHEREAS, City and Buyer now seek to memorialize all agreements reached with
respect to the Property (as defined below) to clarify the Parties' respective intentions,
expectations, and obligations concerning the transaction.
Property: The land described on Exhibit A ("Property"}.
Purchase Price: $50,004.00
Surveyor: Millman National Land Services
Survey Category : ALTA
County for Performance: Tarrant County, Texas
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A. Deadlines and Other Dates
All deadlines in this Agreement expire at 5:00 p.lut, local time where the Property is
located. If a deadline falls on a Saturday, Sunday, or national holiday, the deadline will be
extended to the next day that is not a Saturday, Sunday, or national holiday. A national holiday is
a holiday designated by the federal government.
Delivery of Survey: On or before the Closing Date.
2. Closing Date: May 14, 2018
Closing Time: 12:01 a.m.
B. Closing Documents
The documents listed in this section are collectively known as the "Closing Documents."
At closing, City will deliver the following items:
Deed without Warranty (in recordable form and to be recorded in the
Official Records of Tarrant County, Texas)
Evidence of City's authority to close this transaction
2. At closing, Buyer will deliver the following items:
Evidence of Buyer's authority to consummate this transaction
Deceptive Trade Practices Act waiver
C. Purchase and Sale of Property
City agrees to sell and convey the Property to Buyer, and Buyer agrees to buy and pay
City for the Property. The promises by Buyer and City stated in this Agreement are the
consideration for the formation of this Agreement.
D. Survey
"Survey" means an on-the-ground, staked plat of survey and metes-and-bounds
description of the Property, prepared by Surveyor dated after the Effective Date, and certified to
comply with the current standards and specifications as published by the Texas Society of
Professional Surveyors for the Survey Category.
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E. Easement
Subject to the terms of that certain Deed without Warranty with Reserved Easement
substantially in the form attached hereto as Exhibit B, City reserves for itself, its successors and
assigns, a permanent and perpetual easement for the purpose of installing, repairing, maintaining,
altering, replacing, relocating, rebuilding, removing, and operating drainage and utility facilities
in, into, upon, over, across, under and through the Property herein, together with the right of
ingress and egress as necessary for such purposes ("Reserved Easement").
F. Termination
Buyer may terminate this Agreement if it is unable to acquire the properties abutting the
Property on or prior to the Closing Date. If this Agreement is terminated by Buyer as permitted
herein pursuant to a right of termination granted to. Buyer by any provision of this Agreement,
the Parties shall have no further obligation one to the other, except as otherwise provided herein.
If Buyer elects to so terminate, and if such termination is not due to any default by City, if the
condition of the Property was altered due to inspections, studies, tests, or examinations
performed by Buyer or on Buyer's behalf, then Buyer must restore the Property to its original
condition at Buyer's expense, and except as otherwise provided herein.
G. Closing
1. Closing. This transaction will close at City offices at the Closing Date and
Closing Time ("Closing"}. At the Closing, the following will occur:
a. Closing Documents. The Parties will execute and deliver the Closing
Documents.
b. Payment of Purchase Price. Buyer will deliver the Purchase Price and
othex amounts that Buyer is obligated to pay under this contract to City.
c. Possession. City will deliver possession of the Property to Buyer, subject
to the Permitted Exceptions existing at Closing.
Transaction Costs
a. Buyer's Costs. Buyer will pay the costs to obtain, deliver, and record all
documents; the costs to obtain the Survey; Buyer's expenses and
attorney's fees; and City's attorney's fees up to the amount of $2,500.00.
The City will pay its attorney's fees above and beyond the foregoing
amount.
b. Ad Valorem Taxes. Any ad valorem taxes and any other assessments for
the year in which the Closing is held will be prorated to date of Closing.
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Buyer acknowledges that City is atax-exempt public entity, and City
acknowledges Buyer may be entitled to a tax exemption on the Property
for the period City holds title to the Property. Any ad valorem taxes that
are ultimately deemed owed for the period of either Party's ownership of
the Property, that Party shall be responsible for its prorated share of taxes,
if any, in the year of Closing.
c, Post-closing Adjustments. If errors in the prorations made at Closing are
identified within ninety days after the Closing Date, Seller and Buyer will
make post-closing adjustments to correct the errors within fifteen days of
receipt.
H. Default and Remedies
If City fails to consummate this Agreement for any reason, except Buyer's default or the
termination of this Agreement pursuant to a right to terminate given herein to either Party, Buyer
shall have the right, as Buyer's sole remedy, to enforce specific performance of this Agreement.
If Buyer fails to consummate this Agreement for any reason, except City's default or the
termination of this Agreement pursuant to a right to terminate given herein to either Parry, City
shall have the right to either: (1) terminate this Agreement, whereupon City shall retain all right
title and interest in and to the Property and all improvements constructed or installed thereon, if
any, by Buyer prior to Clasing and Buyer shall have no right or claim for compensation or
reimbursement for any such improvements, or (2) enforce specific performance of this
Agreement.
I. No Commissions Owed
City and Buyer each represents to the other that it has not retained any real estate agent or
broker in connection with the procurement or negotiation of this Agreement or the
consummation of the transaction contemplated in this Agreement, and that no real estate agent,
broker, attorney or other third party is entitled to receive a finder's fee, commission or other
payment upon the sale of the Property to Buyer. City and Buyer each warrants to the other Party
that if any real estate agent, broker or other person or entity claims such a right to, the Party
through which such person or entity is claiming such right shall, to the extent permitted by law,
indemnify the other Party from liability, including the payment of reasonable attorney's fees
incurred. This warranty shall survive Closing.
J. Miscellaneous Provisions
1. Effective Date of Agreement. The term "effective date of this Agreement" and
"Effective Date" as used herein shall mean the day that this Agreement has been: {1) signed by
Buyer; and (2) signed by the Mayor of City. If the final date of any period falls upon a Saturday,
Sunday or legal holiday under the laws of the State of Texas, then in such event the time of such
period shall be extended to the next day which is not a Saturday, Sunday or legal holiday under
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Texas law.
2. Notices. Any notice required by or permitted under this Agreement must be in
waiting. Any notice required by this Agreement will be deemed to be delivered, whether actually
received or not, when deposited with the United States Postal Service, postage fully prepaid,
certified mail, addressed to the intended recipient at the address shown below, with a copy to
such recipient's legal counsel, if the name of such legal counsel is shown below, faxed to the
facsimile transmission numbers of such persons shown below or emailed to the email address of
such persons shown below. Any address for notice may be changed by written notice delivered
as provided herein.
Notices to be sent to:
CITY:
City of Richland Hills
Attn: Cc-~c--. CviTtrn~
3200 Diana Dr.
Richland Hills, Texas 76118
Telephone: (817) 616-3800
Facsimile: {817) 616-3803
Email: e~t,~c-,o,~ ;~c.1,1a.~1.:t~S. ~,M
-~
and
Betsy Elam, City Attorney
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107
Telephone: (817) 332-2580
Facsimile: (817) 332-4740
Email: betsyelam@toase.com
BUYER:
356 Midway Venture LLC
c/o Cohen Asset Management lnc.
Attn: 7ason Haas
1900 Avenue of the Stars, Ste 320
Los Angeles, California 90067
Telephone: (310) 860-0598
Email: Jason@cohenasset.com
with copies to:
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c/o Cohen Asset Management Inc.
11000 Wilshire Boulevard, #24710
Los Angeles, CA 90024
Attn: Doreen Raigosa
and
Raines Feldman LLP
Attn: Andrew Raines, Esq.
1800 Avenue of the Stars, 12th Floor
Los Angeles, CA 90067
Facsimile: (310) 765-7731
Phone: (310) 440-4100
E-Mail: araines@raineslaw.com
3. Attorney's Fees. If either Party shall be required to employ an attorney to enforce
or defend the rights of such party hereunder, the prevailing Parry in any proceeding to enforce
this Agreement or relating to the transaction contemplated in this Agreement shall be entitled to
recover reasonable attorney's fees from the non-prevailing Party.
4. Entire Contract. This Agreement, together with its exhibits, and any Closing
Documents delivered at the Closing constitute the entire agreement of the Parties concerning the
sale of the Property by City to Buyer. There are no oral representations, warranties, agreements,
or promises pertaining to the sale of the Property by City to Buyer not incozporated in writing in
this Agreement.
5. Amendment, This Agreement may be amended only by an instrument in writing
signed by the Parties.
6. Prohibition of Assignment. Buyer may not assign this Agreement or any of
Buyer's rights under it without City's prior written consent, and any attempted assignment is
void. This Agreement binds, benefits, and may be enforced by the Parties and their respective
heirs, successors, and permitted assigns.
7. Survival; Severability. The terms and conditions of this Agreement and all
representations, warranties, covenants and agreements made by Buyer shall survive the closing
of this transaction, and shall not merge herein. If any provision of this Agreement is held to be
invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or
unenforceable provision will not affect any other provisions, and this Agreement will be
construed as if the invalid, illegal, or unenforceable provision is severed and deleted from this
Agreement.
8. Choice of Law; Venue. This Agreement will be construed under the laws of the
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State of Texas, without regard to choice-of--law rules of any jurisdiction. This Agreement is to be
performed entirely in Tarrant County, Texas, and in the event of any dispute, venue shall be in
the state courts located in Tarrant County, Texas.
9. No Waiver of Default. A failure of the non-defaulting party to declare
immediately a default shall not constitute a waiver of any provision of this Agreement, unless
this Agreement expressly specifies a specific time for objection and a waiver upon a failure to
timely object.
10. No Third-Party Beneficiaries. There are no third-party beneficiaries of this
Agreement.
11. Rules of Construction. The Parties acknowledge and agree that this Agreement is
the product of negotiation and compromise, and that both Parties have consulted legal counsel in
the negotiation of the Agreement, and that the Agreement shall not be construed against the other
party, but all other rules of contract construction shall apply.
12. No Special Relationship, The Parties' relationship is an ordinary commercial
relationship, and they do not intend to create the relationship of principal and agent, partnership,
joint venture, or any other special relationship.
13. Counterparts. If this Agreement is executed in multiple counterparts, all
counterparts taken together will constitute this Agreement.
14. Waiver of Consumer Rights, BUYER WANES ITS RIGHTS UNDER THE
TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, SECTION
17.41 ET SEQ. OF THE TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT
GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION
WITH AN ATTORN~Y OF ITS OWN SELECTION, BUYER VOLUNTARILY CONSENTS
TO THIS WAIVER.
K. Time is of the Essence
Time is of the essence in this Agreement.
L. Hazardous Materials
The term "Environmental Law" means the Comprehensive Environmental Response,
Compensation and Liability Act, as amended, the Clean Water Act, as amended, or any other
Federal, State or local environmental law, ordinance, rule, or regulation, whether existing as of
the Effective Data or subsequently enacted. The term "Hazardous Material"" means any
pollutants, toxic substances, oils, hazardous wastes, hazardous materials or hazardous
substances as defined in or pursuant to any Environmental Law. City does not warrant that
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the Property is free of Hazardous Materials. Buyer has the opportunity to conduct any studies,
assessments, surveys, analyses, and investigations regarding Hazardous Materials Buyer deems
prudent, and, at Closing, Buyer will assume all liability and responsibility applicable to the
owner of the Property under applicable Environmental Law for: (1) bringing any Hazardous
Materials present in or on the Property or any improvements on the Property into compliance
with applicable Environmental Law, and (2) any clean-up or remediation of Hazardous Materials
in or on the Property that may be required by applicable Environmental Law. Buyer agrees to
indemnify City from any liability and responsibility for removal or mitigation of any Hazardous
Materials present in or on the Property to the extent required by applicable Environmental Law;
provided, however, that, Buyer shall have no such liability to the extent the same arises due to
the gross negligence or intentional misconduct of City.
[Remainder of page intentionally left blank Signature page follows.]
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CI OF RICHLAND HILLS
Date:
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BUYER:
356 MIDWAY VENTURE LLC,
a Delaware limited liability company
By: CAM CAPITAL 356 LLC,
a Delaware limited liability company,
its managing manager
By: GAM MANAGEMENT 356 LLC,
a Delaware limited liability company,
its manager
By: COHEN HOLDINGS 2015 LLC,
a Delaware limited liability comp
its sole member _..------``-~
By:
Name; Bradley S. Cohen
Title: President & CEO
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Exhibit A
Description of the Right-of--Way
Track 1
Being a 6 foot by 132.70 foot strip of land within the public right-of--way of Tower Street (40
feet wide) lying northerly of and contiguous with the Northerly line of Lot SR, Block 3,
MIDWAY PLACE, an Addition to the City of Richland Hills, Tarrant County, Texas, as
recorded in Volume 388-109, Page 17, Plat Records, Tarrant County, Texas, and being more
particularly described as follows;
COMMENCING at a found cut cross notch (+) in concrete at the Southwest corner of said Lot
SR;
THENCE N I S°41'30" W, 194.71 feet along the Easterly line of said Lot SR to a set 5/8" Iron
Pin with cap stamped "MILLMAN 3303420723" at the Northwest corner thereof, also being a
point on the Southerly right-of-way line of said Tower Street for the POINT OF BEGINNING;
THENCE N 15°50'28" W, 6.00 feet over and upon the right-of way of said Tower Street;
THENCE N 74°09'32" E, 188.70 feet over and upon said right-of--way;
THENCE S 15°50'28" E, 6.00 feet over and upon said right-of--way to a set MAG Nail at a point
of curvature on said Southerly right-of--way;
THENCE S 74°09'32" W, 188.70 feet along said Southerly right-of--way line, being a tangent of
said curve, to the POINT OF BEGINNING, containing 1,132 square feet, or 0.026 acres of land,
more or less.
Tract 2
Being a 10 foot by 189.00 foot strip of land within the public right-of--way of Dogwood Park (60
feet wide) lying northeasterly of and contiguous with the Northeasterly line of Lot b, Block 2,
MIDWAY INDUSTRIAL PARK, an Addition to the City of Richland Hills, Tarrant County,
Texas, according to plat recorded in Volume 388-196, Page 96, Map Records, Tarrant County,
Texas, and being more particularly described as follows;
COMMENCING at a found cut "Y" notch in concrete on the Southeasterly right-of--way line of
said Dogwood Park, also being the Northwest corner of said Lot 6;
THENCE S 62°37'32" W, 32.10 feet along said Southeasterly right-of--way line to the POINT
OF BEGINNING;
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i
THENCE continuing southwesterly along said Southerly right-of--way line the following two {2)
courses; ~
I
1.} S 62°37'32" W, 189.00 feet to a found cut "Y" in concrete at a point of curvature;
2.)-37.59 feet along the arc of a curve concave northerly, having a radius of 909.67 feet, a central
angle of 02°22'04", and a chord of S 63°48'34" W, 37.59 feet;
THENCE N 25°00'24" W, 10.00 feet along a line radial to said curve, over and upon said
Dogwood Park right-of way to a line 10.00 feet northwesterly of and parallel with said
Southeasterly right-of way line;
THENCE northeasterly along said parallel line the following two (2) courses;
1.) 37.18 feet along the arc of a curve concave northerly, having a radius of 899.67 feet, a central
angle of 02°22'04", and a chord of N 63°48'34" E, 37.18 feet to a point of tangency;
2.) N 62°37'32" E, 189.00 feet;
THENCE S 27°22'28" E, 10.00 feet to the POINT OF BEGINNING, containing 2,264 square
feet, or 0.052 acres of land, more or less.
Tract 3
Being a 10 foot wide strip of land within the public right-of--way of Dogwood Park (60 feet
wide) lying southeasterly of and contiguous with the Southeasterly line of Lot 3-R, Block 1,
MIDWAY INDUSTRIAL PARK, an Addition to the City of Richland Hills, Tarrant County,
Texas, according to plat recorded in Cabinet A, Slide 4429, Plat Records, Tarrant County, Texas,
and being more particularly described as follows;
BEGINNING at a found cut cross notch (+) in concrete on the Northeasterly right-of-way line of
said Dogwood Park, also being the Southwest corner of said Lot 3-R;
THENCE N 74°18'32" E, 339.29 feet along said Northwesterly right-of--way line to a found cut
cross notch (+} at the Southeast corner of said Lot 3-R;
THENCE S 15°41'28" E, 10.00 feet over and upon said Dogwood Park right-of--way to a line
10.00 feet southeasterly of and parallel with said Northwesterly right-of--way line;
THENCE S 74°18'32" W, 339.29 feet along said parallel line to a point in said Dogwood Park
right-of-way;
THENCE N 15°41'28" W, 10.00 feet over and upon said Dogwood Park right-of--way to the
PO1NT OF BEGINNING, containing 3,393 square feet, or 0.078 acres of land, more or less.
Tract 4
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All the portion of an 8 foot wide strip of land within the public right-of--way of Tower Street (40
feet wide) lying Southerly of Lot 4R, Block 4, MIDWAY PLACE, an Addition to the City of
Richland Hills, Tarrant County, Texas, according to plat xecorded in Volume 388-109, Page 17,
Deed Records of Tarrant County, Texas, being more particularly described as follows:
BEGINNING a found cut cross on the Northerly right-of--way line of said Tower Street, being
the Southeast corner of said Lot 4R;
THENCE S 11°54'18" E, 8.02 feet along the Southerly extension of the Easterly line of said Lot
4R to a line 8 feet Southerly of and parallel with the Northerly right-of--way line of said Tower
Street;
THENCE S 74°06'04" W, 335.64 feet along said parallel line to the Southerly extension of the
Westerly line of said Lot 4R;
THENCE N 11°54'18" W, 8.02 feet along said Southerly extension to a found 1/2" iron rebar on
the Northerly right-of--way line of said Tower Street, being the Southwest corner of said Lot 4R;
THENCE N 74°06'04" E, 335.64 feet along said Northerly right-of-way line to the POINT OF
BEGINNING, containing 2,685 square feet, or 0.062 acre of land, more or less.
Tract 5
All the portion of an 10 foot wide strip of land within the public right-of--way of Dogwood Park
(60 feet wide} lying Southerly of Lot 4-R, Block 1, MIDWAY INDUSTRIAL PARK, an
Addition to City of Richland Hills, Tarrant County, Texas, according to the Map thereof
recorded in Cabinet A, Slide 4429, Plat Records, Tarrant County, Texas, being more particularly
described as follows;
BEGINNING a found cut cross on the Northerly right-of-way line of said Dogwood Park, being
the Southwest corner of said Lot 4-R;
THENCE northeasterly along said Northerly right-of--way line the following two (2) courses;
1.) N 74°18'32" E, 146.69 feet to a set cut cross notch at a point of curvature;
2.) 55.71 feet along the arc of a curve concave northerly, having a radius of 849.04 feet, a central
angle of 03°45'35", and a chord ofN 72°25'44" E, 55.70 feet;
THENCE S 19°27'03" W, 10.00 feet over and upon said Dogwood Park right-of--way to a line
10.00 feet southerly of and parallel with said Northerly right-of--way line;
THENCE southwesterly over and upon said right-of--way along said parallel line the following
two (2) courses;
1.) 56.37 feet along the arc of a curve concave northerly, having a radius of 859.04 feet, a central
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angle of 03°45'35", and a chord of S 72°25'44" W, 56.36 feet to a point of tangency;
2.) S 74°18'32" W, 146.69 feet;
THENCE N 15°41'28" W, 10.00 feet over and upon said right-of--way to the POINT OF
BEGINNING, containing 2,027 square feet, or 0.047 acre of land, more or less.
Tract 6
Being a 10 foot by 132 foot strip of land within the public right-of--way of Dogwood Park {60
feet wide) lying Southeasterly of and contiguous with the Southeasterly line of Lot 7, Block 3,
MIDWAY PLACE, an Addition to the City of Richland Hills, Tarrant County, Texas, according
to plat recorded in Volume 388-101, Page 3, Deed Records of Tarrant County, Texas, being
more particularly described as follows:
BEGINNING at a found 5/8" iron rebar at a point of curvature on the Southeasterly right-of--way
line of said Dogwood Parlc, being a point on the Northwesterly line of Lot 7, Block 2, of
MIDWAY INDUSTRIAL PARK, an Addition to the City of Richland Hills, Tarrant County,
Texas, according to Plat recorded in Volume 388-196, Page 96, Deed Records of said Tarrant
County;
THENCE N 27°23'04" W, 60.00 feet to a point on the Northwesterly right-of--way line of said
Dogwood Park, also being the Southeasterly line of said Lot 7, Block3, of MIDWAY PLACE;
THENCE S 62°36'56" W, 128.12 feet along said Northwesterly right-of--way line for the POINT
OF BEGINNING;
THENCE S 27°23'04" E, 10.00 feet over and across said right-of--way to a line 10.00 feet
southeasterly of and parallel with said Northwesterly right-of--way line;
THENCE S 62°36'56" W; 132.00 feet over and across said right-of--way;
THENCE N 27°23'04" W, 10.00 feet over and across said right-of--way to the Northwesterly line
thereof;
THENCE N 62°36' S6" E, 132.00 feet along said Northwesterly right-of--way Iine to the POINT
OF BEGINNING, containing 1,320 square feet, or 0.030 acre of land, more or less.
Tract 7
Being a 10 foot wide strip of land within the public right-of--way of Whitehall Street (60 feet
wide) lying Northerly of Lot 5, Block S, MIDWAY PLACE, an Addition to the City of Richland
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i
Hills, Tarrant County, Texas, according to plat recorded in Volume 388-181, Page 14, Deed
Records of Tarrant County, Texas, being more particularly described as follows:
BEGINNING at a found cut cross notch on the Southerly right-of--way Iine of said Whitehall
Street, being the Northwest corner of said Lot 5;
THENCE N 11°57'14" E, 10.02 feet along the Northerly extension of the Westerly line of said
Lot 5 to a point on a curve concave northerly, being 10 feet Northerly of and parallel with the
Southerly right-of--way line of said Whitehall Street;
THENCE northeasterly 134.82 feet along the arc of said curve, having a radius of 1,170.19 feet,
a central angle of 06°36'04", and a chord of N 78°20'03" E, 134.74 feet to a point of tangency;
THENCE N 75°02'01" E, 73.38 feet to the Northerly extension of the Easterly line of said Lot 5;
THENCE S 11°53'59" E, 10.01 feet along said Northerly extension to a set iron rebar with cap
stamped "MILLMAN 3303420723" on said Northerly right-of--way line, also being the Northeast
corner of said Lot 5;
THENCE southwesterly along said Northerly right-of-way line the following two {2) courses;
1.) S 75°02'01" W, 72.85 feet to a point of curvature; '
2.) 135.34 feet along the arc of a curve concave northerly, having a radius of 1,180.19 feet, a
central angle of 06°34'14", and a chord of S 78°19'09" W, 135.27 feet to the POINT OF
BEGINNING, containing 2,082 square feet, or 0.048 acre of land, more or less.
Tract 8
All the portion of an 8 foot wide strip of land within the public right-of--way of Tower Street (40
feet wide) lying Southerly of Lot 2, Block 4, MIDWAY PLACE, an Addition to the City of
Richland Hills, Tarrant County, Texas, according to plat recorded in Volume 388-101, Page 3,
Deed Records of Tarrant County, Texas, being more particularly described as follows:
BEGINNING a found railroad spike on the Northerly right-of--way line of said Tower Street,
being the Southeast corner of said Lot 2;
THENCE S 13°06'34" E, 8.01 feet along the Southerly extension of the Easterly line of said Lot
2 to a line 8 feet Southerly of and parallel with the Northerly right-of--way line of said Tower
Street;
THENCE S 74°06'04" W, 220.62 feet along said parallel line to the Southerly extension of the
Westerly line of said Lot 2;
THENCE N 12°59'47" W, 8.01 feet along said Southerly extension to a found 1/2" iron rebar on
the Northerly right-of--way line of said Tower Street, being the Southwest corner of said Lot 2;
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THENCE N 74°06'04" E, 220.62 feet along said Northerly right-of--way line to the POINT OF
BEGINNING, containing 1,765 square feet, or 0.041 acre of land, more or less.
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Exhibit B
Deed without Warranty with Reserved Easement
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DEED WITHOUT WARRANTY WITH RESERVED EASEMENT
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.
THE STATE OF TEXAS
COUNTY OF TARRANT
Date: May 14, 2018
KNOW ALL PERSONS BY THESE PRESENTS:
Grantor: City of Richland Hills, a home rule municipal corporation organized under the laws of
the State of Texas.
Grantor's Mailing Address: 3200 Diana Dr. Richland Hills, Tarrant County, Texas 7611$
Grantee: 356 Midway Venture LLC
Grantee's Mailing Address: c% Cohen Asset Management Inc.
11000 Wilshire Boulevard, #24710
Los Angeles, CA 90024
Attn: Doreen Raigosa
Consideration: FIFTY THOUSAND AND FOUR DOLLARS ($50,004.00).
Property (including any improvements): The land described on Exhibit A.
Reservations from Conveyance Easement: For Grantor and Grantor's heirs, successors, and
assigns forever, a permanent and perpetual easement for the purpose of installing, repairing,
maintaining, altering, replacing, relocating, rebuilding, removing, and operating drainage and
utility facilities in, into, upon, over, across, under and through the Property herein, together with
the right of ingress and egress as necessary for such purposes (the "Easement"); provided,
however that Grantor shall (i) maintain any improvements within the Property at its sole cost and
expense, in good, clean and safe condition in accordance with all applicable laws and
regulations, (ii) not interfere with or obstruct Grantee's permitted use of the Property and (iii)
restore and return the Property to its original condition following its use of the Easement.
Grantee and Grantee'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 the Property granted herein any temporary or permanent structures, other than (i)
paving, curb cuts or other accommodations necessary for parking vehicles and (ii) subject to the
prior written consent of Grantor in its reasonable discretion as to location, drainage and utility
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facilities, and it is further agreed that Grantor shall have the right, subject to restoration of the
Property for its intended use, to excavate and fill within said Property and to remove from said
Property, any fences, buildings, trees, shrubs, or other obstructions or growths if placed upon
said Property.
It is further intended that the Easement herein reserved to the Grantor shall run with the
land and forever be a right in and to the land belonging to Grantee, and Grantee's successors and
assigns. Except for existing easements, the Easement granted herein is exclusive, and Grantee
covenants that unless Grantee has the approval of Grantor, it will not convey any other easement
or conflicting rights within the area covered by the grant to any other person.
TO HAVE AND TO HOLD the above-described Easement, with the right of ingress and
egress thereto, together with all and singular, the rights and appurtenances thereto, anywise
belonging unto the said Grantor, its successors and assigns forever; and Grantee does hereby
bind itself, its heirs and assigns, to warrant and to forever defend all and singular the premises
unto the said Grantor, its successors and assigns, against every person whomsoever lawfully
claiming or to claim same or any part thereof.
Exceptions to Conveyance: None.
Grantor, for the Consideration and subject to the Reservations from Conveyance
Easement 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 forevex, without express or implied warranty. All
warranties that might arise by common law as well as the warranties in section 5.023 of the
Texas Property Code (or its successor) are excluded.
title.
This Conveyance is intended to include any property interests obtained by after-acquired
When the context requires, singular nouns and pronouns include the plural.
[Remainder ofpage intentionally left blank. Signature page follows.]
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L s
IN WITNESS WHEREOF, the said Grantor has executed this instrtunent on the date
first above written
[Name of Grantor] ~ ~ rC S-tronq
Ct+y Mana pr• ~~lc,~y, of
ACKNOWLEDGEMENT ~ IZ,e~1Q.,d ~~~5
Acknowledged before me on this _~ day of 2018, by
fir-' c...s+ra of the City of Richland Hills, a home rule municipal orporation organized
under the laws f the State of Texas, in the capacity stated, and as the act and deed of City of
Richland Hills.
...~
a~~"n~~i. CATHY BOURG Notary Pub c, State of X3S
air r~so~
~sYO. ~ i+% NOfory Public. Stafe o} texas
~.~ ~~ Comm. Expires Ol 132019 ~ }~ ~ v~ ~ T~
~~~r!•.. tip,:. i [ ~
-,,,,o;,,,,., Notary ID 12443775.1 Name prin d or typed
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Exhibit A
Track 1
Legal Descriptions
Being a 6 foot by 132.70 foot strip of land within the public right-of--way of Tower Street (40
feet wide) lying northerly of and contiguous with the Northerly line of Lot SR, Block 3,
MIDWAY PLACE, an Addition to the City of Richland Hills, Tarrant County, Texas, as
recorded in Volume 388-109, Page 17, Plat Records, Tarrant County, Texas, and being more
particularly described as follows;
COMMENCING at a found cut cross notch (+) in concrete at the Southwest corner of said Lot
SR;
THENCE N 15°41'30" W, 194.71 feet along the Easterly line of said Lot SR to a set S/8" Iron
Pin with cap stamped "MILLMAN 3303420723" at the Northwest corner thereof, also being a
point on the Southerly xight-of--way line of said Tower Street for the POINT OF BEGINNING;
THENCE N 15°50'28" W, 6.00 feet over and upon the right-of--way of said Tower Street;
THENCE N 74°09'32" E, 188.70 feet over and upon said right-of--way;
THENCE S 15°50'28" E, 6.00 feet over and upon said right-of--way to a set MAG Nail at a point
of curvature on said Southerly right-of--way;
THENCE S 74°09'32" W, 188.70 feet along said Southerly right-of--way line, being a tangent of
said curve, to the POINT OF BEGINNING, containing 1,132 square feet, or 0.026 acres of land,
more or less.
Tract 2
Being a 10 foot by 189.00 foot strip of land within the public right-of--way of Dogwood Park (60
feet wide) lying northeasterly of and contiguous with the Northeasterly line of Lot 6, Block 2,
MIDWAY INDUSTRIAL PARK, an Addition to the City of Richland Hills, Tarrant County,
Texas, according to plat recorded in Volume 388-196, Page 96, Map Records, Tarrant County,
Texas, and being more particularly described as follows;
COMMENCING at a found cut "Y" notch in concrete on the Southeasterly right-of way line of
said Dogwood Park, also being the Northwest corner of said Lot 6;
THENCE S 62°37'32" W, 32.10 feet along said Southeasterly right-of--way line to the POINT
OF BEGINNING;
THENCE continuing southwesterly along said Southerly right-of--way line the following two (2)
courses;
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1.) S 62°37'32" W, 189.00 feet to a found cut "Y" in concrete at a point of curvature;
2.) 37.59 feet along the arc of a curve concave northerly, having a radius of 909.67 feet, a central
angle of 02°22'04", and a chord of S 63°48'34" W, 37.59 feet;
THENCE N 25°00'24" W, 10.00 feet along a line radial to said curve, over and upon said
Dogwood Park right-of way to a line 10.00 feet northwesterly of and parallel with said
Southeasterly right-of--way line;
THENCE northeasterly along said parallel line the following two (2) courses;
1.) 37.18 feet along the arc of a curve concave northerly, having a radius of 899.67 feet, a central
angle of 02°22'04", and a chord of N 63°48'34" E, 37.18 feet to a point of tangency;
2.) N 62°37'32" E, 189.00 feet;
THENCE S 27°22'2$" E, 10.00 feet to the POINT OF BEGINNING, containing 2,264 square
feet, or 0.052 acres of land, more or less.
Tract 3
Being a 10 foot wide strip of land within the public right-of--way of Dogwood Park (60 feet
wide} lying southeasterly of and contiguous with the Southeasterly line of Lot 3-R, Block 1,
MIDWAY INDUSTRIAL PARK, an Addition to the City of Richland Hills, Tarrant County,
Texas, according to plat recorded in Cabinet A, Slide 4429, Plat Records, Tarrant County, Texas,
and being more particularly described as follows;
BEGINNING at a found cut cross notch (+) in concrete on the Northeasterly right-of--way line of
said Dogwood Park, also being the Southwest corner of said Lot 3-R;
THENCE N 74°18'32" E, 339.29 feet along said Northwesterly right-of--way line to a found cut
cross notch {+) at the Southeast corner of said Lot 3-R;
THENCE S 15°41'28" E, 10.00 feet over and upon said Dogwood Park right-of--way to a line
10.00 feet southeasterly of and parallel with said Northwesterly right-of--way line;
THENCE S 74°18'32" W, 339.29 feet along said parallel line to a point in said Dogwood Park
right-of--way;
THENCE N 15°41'28" W, 10.00 feet over and upon said Dogwood Park right-of--way to the
POINT OF BEGINNING, containing 3,393 square feet, or 0.078 acres of land, more or less.
Tract 4
All the portion of an 8 foot wide strip of land within the public right-of--way of Tower Street (40
feet wide)-lying Southerly of Lot 4R, Block 4, MIDWAY PLACE, an Addition to the City of
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Richland Hills, Tarrant County, Texas, according to plat recorded in Volume 388-109, Page 17,
Deed Records of Tarrant County, Texas, being more particularly described as follows:
BEGINNING a found cut cross on the Northerly right-of-way line of said Tower Street, being
the Southeast corner of said Lot 4R;
THENCE 5 11°54'18" E, 8.02 feet along the Southerly extension of the Easterly line of said Lot
4R to a line 8 feet Southerly of and parallel with the Northerly right-of--way line of said Tower
Street;
THENCE S 74°06'04" W, 335.64 feet along said parallel line to the Southerly extension of the
Westerly line of said Lot 4R;
THENCE N l 1°54'18" W, 8.02 feet along said Southerly extension to a found 1/2" iron rebar on
the Northerly right-of--way line of said Tower Street, being the Southwest corner of said Lot 4R;
THENCE N 74°06'04" E, 335.64 feet along said Northerly right-of--way line to the POINT OF
BEGINNING, containing 2,685 square feet, or 0.062 acre of land, more or less.
Tract 5
All the portion of an 10 foot wide strip of land within the public right-of--way of Dogwood Park
(60 feet wide) lying Southerly of Lot 4-R, Block 1, MIDWAY INDUSTRIAL PARK, an
Addition to City of Richland Hills, Tarrant County, Texas, according to the Map thereof
recorded in Cabinet A, Slide 4429, Plat Records, Tarrant County, Texas, being more particularly
described as follows;
BEGINNING a found cut cross on the Northerly right-of--way line of said Dogwood Park, being
the Southwest corner of said Lot 4-R;
THENCE northeasterly along said Northerly right-of--way line the following two {2) courses;
1.) N 74°18'32" E, 146.69 feet to a set cut cross notch at a point of curvature;
2.) 55.71 feet along the arc of a curve concave northerly, having a radius of 849.04 feet, a central
angle of 03°45'35", and a chord ofN 72°25'44" E, 55.70 feet;
THENCE S 19°27'03" W, 10.00 feet over and upon said Dogwood Park right-of--way to a Iine
10.00 feet southerly of and parallel with said Northerly right-of-way line;
THENCE southwesterly over and upon said right-of--way along said parallel line the following
two (2) courses;
l .} 56.37 feet along the arc of a curve concave northerly, having a radius of 859.04 feet, a central
angle of 03°45'35", and a chord of S 72°25'44" W, 56.36 feet to a point of tangency;
2.) S 74° 18' 32" W, 146.64 feet;
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THENCE N 15°41'28" W, 10.00 feet over and upon said right-of--way to the POINT OF
BEGINNING, containing 2,027 square feet, or 0.047 acre of land, more or less.
Tract 6
Being a 10 foot by 132 foot strip of land within the public right-of--way of Dogwood Park (60
feet wide) lying Southeasterly of and contiguous with the Southeasterly line of Lot 7, Block 3,
MIDWAY PLACE, an Addition to the City of Richland Hills, Tarrant County, Texas, according
to plat recorded in Volume 388-101, Page 3, Deed Records of Tarrant County, Texas, being
more particularly described as follows:
BEGINNING at a found 5/8" iron rebar at a point of curvature on the Southeasterly right-of--way
line of said Dogwood Parlc, being a point on the Northwesterly line of Lot 7, Block 2, of
MIDWAY INDUSTRIAL PARK, an Addition to the City of Richland Hills, Tarrant County,
Texas, according to Plat recorded in Volume 388-196, Page 96, Deed Records of said Tarrant
County;
THENCE N 27°23'04" W, 60.00 feet to a point on the Northwesterly right-of--way line of said
Dogwood Park, also being the Southeasterly line of said Lot 7, Block3, of MIDWAY PLACE;
THENCE S 62°36'56" W, 128.12 feet along said Northwesterly right-of--way line for the POINT
OF BEGINNING;
THENCE S 27°23'04" E, 10.00 feet over and across said right-of--way to a Line 10.00 feet
southeasterly of and parallel with said Northwesterly right-of--way line;
THENCE S 62°36'56" W, 132.00 feet over and across said right-of--way;
THENCE N 27°23'04" W, 10.00 feet over and across said right-of--way to the Northwesterly line
thereof;
THENCE N 62°36'56" E, 132.00 feet along said Northwesterly right-of--way line to the POINT
OF BEGINNING, containing 1,320 square feet, or 0,030 acre of land, more or less.
Tract 7
Being a 10 foot wide strip of land within the public right-of--way of Whitehall Street (60 feet
wide) lying Northerly of Lot 5, Block 5, MIDWAY PLACE, an Addition to the City of Richland
Hills, Tarrant County, Texas, according to plat recorded in Volume 388-18i, Page 14, Deed
Records of Tarrant County, Texas, being more particularly described as follows:
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BEGINNING at a found cut cross notch on the Southerly right-of=-way line of said Whitehall
Street, being the Northwest corner of said Lot 5;
THENCE N 11 °57' 14" E, 10.02 feet along the Northerly extension of the Westerly line of said
Lot 5 to a point on a curve concave northerly, being 10 feet Northerly of and parallel with the
Southerly right-of--way line of said Whitehall Street;
THENCE northeasterly 134.82 feet along the arc of said curve, having a radius of 1,170.19 feet,
a central angle of Ob°36'04", and a chord of N 78°20'03" E, 134.74 feet to a point of tangency;
THENCE N 75°02'01" E, 73.38 feet to the Northerly extension of the Easterly line of said Lot 5;
THENCE S 11°53'59" E, 10.01 feet along said Northerly extension to a set iron rebar with cap
stamped "MILLMAN 3303420723" on said Northerly right-of--way line, also being the Northeast
corner of said Lot 5;
THENCE southwesterly along said Northerly right-of--way line the following two (2) courses;
1.) S 75°02'01" W, 72.85 feet to a point of curvature;
2.) 135.34 feet along the arc of a curve concave northerly, having a radius of 1,180.19 feet, a
central angle of 06°34'14", and a chord of S 78°19'09" W, 135.27 feet to the POINT OF
BEGINNING, containing 2,082 square feet, or 0.048 acre of land, more or less.
Tract 8
All the portion of an 8 foot wide strip of land within the public right-of--way of Tower Street (40
feet wide) lying Southerly of Lot 2, Block 4, MIDWAY PLACE, an Addition to the City of
Richland Hills, Tarrant County, Texas, according to plat recorded in Volume 388-101, Page 3,
Deed Records of Tarrant County, Texas, being more particularly described as follows:
BEGINNING a found railroad spike on the Northerly right-of--way line of said Tower Street,
being the Southeast corner of said Lot 2;
THENCE S 13°06'34" E, 8.01 feet along the Southerly extension of the Easterly line of said Lot
2 to a line 8 feet Southerly of and parallel with the Northerly right-of--way line of said Tower
Street;
THENCE S 74°06'04" W, 220.62 feet along said parallel line to the Southerly extension of the
Westerly line of said Lot 2;
THENCE N 12°59'47" W, 8.01 feet along said Southerly extension to a found 1/2" iron rebar on
the Northerly right-of--way line of said Tower Street, being the Southwest corner of said Lot 2;
THENCE N 74°06'04" E, 220.62 feet along said Northerly right-of--way line to the POINT OF
BEGINNING, containing 1,765 square feet, or 0.041 acre of land, more or less.
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Exhibit "B"
Deed without Warranty
W:\Richland Hills\Ordinance\Right-ot-Way Conveyance-Dogwood Tower & Whitehall-clean001.docx
-+
~- r
DEED WITHOUT WARRANTY WITH RESERVED EASEMENT
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 I5 FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF TARRANT
Date: May 14, 2018
KNOW ALL PERSONS BY THESE PRESENTS:
Grantor: City of Richland Hills, a home rule municipal corporation organized under the laws of
the State of Texas.
Grantor's Mailing Address: 3200 Diana Dr. Richland Hills, Tarrant County, Texas 76118
Grantee: 356 Midway Venture LLC
Grantee's Mailing Address: c/o Cohen Asset Management Inc.
11000 Wilshire Boulevard, #24710
Los Angeles, CA 90024
Attn: Doreen Raigosa
Consideration: FIFTY THOUSAND AND FOUR DOLLARS ($50,004.00).
Property (including any improvements): The land described on Exhibit A.
Reservations from Conveyance Easement: For Grantor and Grantor's heirs, successors, and
assigns forever, a permanent and perpetual easement for the purpose of installing, repairing,
maintaining, altering, replacing, relocating, rebuilding, removing, and operating drainage and
utility facilities in, into, upon, over, across, under and through the Property herein, together with
the right of ingress and egress as necessary for such purposes (the "Easement"); provided,
however that Grantor shall (i) maintain any improvements within the Property at its sole cost and
expense, in good, clean and safe condition in accordance with all applicable laws and
regulations, (ii) not interfere with or obstruct Grantee's permitted use of the Property and (iii)
restore and return the Property to its original condition following its use of the Easement.
Grantee and Grantee'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 the Property granted herein any temporary or permanent structures, other than (i)
paving, curb cuts or other accommodations necessary for parking vehicles and (ii) subject to the
prior written consent of Grantor in its reasonable discretion as to location, drainage and utility
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facilities, and it is further agreed that Grantor shall have the right, subject to restoration of the
Property for its intended use, to excavate and fill within said Property and to remove from said
Property, any fences, buildings, trees, shrubs, or other obstructions or growths if placed upon
said Property.
It is further intended that the Easement herein reserved to the Grantor shall run with the
land and forever be a right in and to the land belonging to Grantee, and Grantee's successors and
assigns. Except for existing easements, the Easement granted herein is exclusive, and Grantee
covenants that unless Grantee has the approval of Grantor, it will not convey any other easement
or conflicting rights within the area covered by the grant to any other person.
TO HAVE AND TO HOLD the above-described Easement, with the right of ingress and
egress thereto, together with all and singular, the rights and appurtenances thereto, anywise
belonging unto the said Grantor, its successors and assigns forever; and Grantee does hereby
bind itself, its heirs and assigns, to warrant and to forever defend all and singular the premises
unto the said Grantor, its successors and assigns, against every person whomsoever lawfully
claiming or to claim same or any part thereof.
Exceptions to Conveyance: None.
Grantor, for the Consideration and subject to the Reservations from Conveyance
Easement 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, without express or implied warranty. All
warranties that might arise by common law as well as the warranties in section 5.023 of the
Texas Property Code (or its successor) are excluded.
This Conveyance is intended to include any property interests obtained by after-acquired
title.
When the context requires, singular nouns and pronouns include the plural.
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v
IN WITNESS WHEREOF, the said Grantor has executed this instrument on the date
first above written
[Name of Grantor] ~ ~ • C g•Iron
Cr~'r Mana~r~ r-Ey of
ACKNOWLEDGEMENT R.e~1Q.,~ ll~~s
Acknowledged before me on this _~ day of 2018, by
r~r' ~.S+ra of the City of Richland Hills, a home rule municipal orporation organized
under the laws f the State of Texas, in the capacity stated, and as the act and deed of City of
Richland Hills.
aa~'o'~,,
;;o`~'• ~~'a
~
'
d CATHY 80URG
Notary Public. Stole of Texas
32019
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. Comm. Expires O1 1
ma'''r°•oF~~:~`~, Notary ID 12443775.1
NotNot-L~~c State of xas
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Name prin d or typed
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~'~ • a
Track 1
Exhibit A
Legal Descriptions
Being a 6 foot by 132.70 foot strip of land within the public right-of--way of Tower Street (40
feet wide) lying northerly of and contiguous with the Northerly line of Lot SR, Block 3,
MIDWAY PLACE, an Addition to the City of Richland Hills, Tarrant County, Texas, as
recorded in Volume 388-109, Page 17, Plat Records, Tarrant County, Texas, and being more
particularly described as follows;
COMMENCING at a found cut cross notch (+) in concrete at the Southwest corner of said Lot
SR;
THENCE N 15°41'30" W, 194.71 feet along the Easterly line of said Lot SR to a set 5/8" Iron
Pin with cap stamped "MILLMAN 3303420723" at the Northwest corner thereof, also being a
point on the Southerly right-of--way line of said Tower Street for the POINT OF BEGINNING;
THENCE N 15°50'28" W, 6.00 feet over and upon the right-of--way of said Tower Street;
THENCE N 74°09'32" E, 188.70 feet over and upon said right-of--way;
THENCE S 15°50'28" E, 6.00 feet over and upon said right-of--way to a set MAG Nail at a point
of curvature on said Southerly right-of--way;
THENCE S 74°09'32" W, 188.70 feet along said Southerly right-of--way line, being a tangent of
said curve, to the POINT OF BEGINNING, containing 1,132 square feet, or 0.026 acres of land,
more or less.
Tract 2
Being a 10 foot by 189.00 foot strip of land within the public right-of--way of Dogwood Park (60
feet wide} lying northeasterly of and contiguous with the Northeasterly line of Lot 6, Block 2,
MIDWAY INDUSTRIAL FARK, an Addition to the City of Richland Hills, Tarrant County,
Texas, according to plat recorded in Volume 388-196, Page 96, Map Records, Tarrant County,
Texas, and being more particularly described as follows;
COMMENCING at a found cut "Y" notch in concrete on the Southeasterly right-of--way line of
said Dogwood Park, also being the Northwest corner of said Lot 6;
THENCE S 62°37'32" W, 32.10 feet along said Southeasterly right-of--way line to the POINT
OF BEGINNING;
THENCE continuing southwesterly along said Southerly right-of--way line the following two (2)
courses;
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1.) S 62°37'32" W, 189.00 feet to a found cut "Y" in concrete at a point of curvature;
2.) 37.59 feet along the arc of a curve concave northerly, having a radius of 909.67 feet, a central
angle of 02°22'04", and a chord of S 63°48'34" W, 37.59 feet;
THENCE N 25°00'24" W, 10.00 feet along a line radial to said curve, over and upon said
Dogwood Park right-of way to a line 10.00 feet northwesterly of and parallel with said
Southeasterly right-of--way line;
THENCE northeasterly along said parallel line the following two (2) courses;
l .) 37.18 feet along the arc of a curve concave northerly, having a radius of 899.67 feet, a central
angle of 02°22'04", and a chord of N 63°48'34" E, 37.18 feet to a point of tangency;
2.) N 62°37'32" E, 189.00 feet;
THENCE S 27°22'28" E, 10.00 feet to the POINT OF BEGINNING, containing 2,264 square
feet, or 0.052 acres of land, more or less.
Tract 3
Being a 10 foot wide strip of land within the public right-of--way of Dogwood Park (60 feet
wide) lying southeasterly of and contiguous with the Southeasterly line of Lot 3-R, Block 1,
MIDWAY INDUSTRIAL PARK, an Addition to the City of Richland Hills, Tarrant County,
Texas, according to plat recorded in Cabinet A, Slide 4429, Plat Records, Tarrant County, Texas,
and being more particularly described as follows;
BEGINNING at a found cut cross notch (+) in concrete on the Northeasterly right-of--way line of
said Dogwood Park, also being the Southwest corner of said Lot 3-R;
THENCE N 74°18'32" E, 339.29 feet along said Northwesterly right-of--way line to a found cut
cross notch (+) at the Southeast corner of said Lot 3-R;
THENCE S 15°41'28" E, 10.00 feet over and upon said Dogwood Park right-of--way to a line
10.00 feet southeasterly of and parallel with said Northwesterly right-of--way line;
THENCE S 74°18'32" W, 339.29 feet along said parallel line to a point in said Dogwood Park
right-of--way;
THENCE N 15°41'28" W, 10.00 feet over and upon said Dogwood Park right-of--way to the
POINT OF BEGINNING, containing 3,393 square feet, or 0.078 acres of land, more or less.
Tract 4
All the portion of an 8 foot wide strip of land within the public right-of--way of Tower Street (40
feet wide) lying Southerly of Lot 4R, Block 4, MIDWAY PLACE, an Addition to the City of
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Richland Hills, Tarrant County, Texas, according to plat recorded in Volume 388-109, Page 17,
Deed Records of Tarrant County, Texas, being more particularly described as follows:
BEGINNING a found cut cross on the Northerly right-of--way line of said Tower Street, being
the Southeast corner of said Lot 4R;
THENCE S 11°54'18" E, 8.02 feet along the Southerly extension of the Easterly line of said Lot
4R to a line 8 feet Southerly of and parallel with the Northerly right-of--way line of said Tower
Street; _
THENCE S 74°06'04" W, 335.64 feet along said parallel line to the Southerly extension of the
Westerly line of said Lot 4R;
THENCE N 11°54'18" W, $.02 feet along said Southerly extension to a found l l2" iron rebar on
the Northerly right-of--way line of said Tower Street, being the Southwest comer of said Lot 4R;
THENCE N 74°06'04" E, 335.64 feet along said Northerly right-of--way line to the POINT OF
BEGINNING, containing 2,685 square feet, or 0.062 acre of land, more or less.
Tract 5
All the portion of an 10 foot wide strip of land within the public right-of--way of Dogwood Park
(60 feet wide) lying Southerly of Lot 4-R, Block 1, MIDWAY INDUSTRIAL PARK, an
Addition to City of Richland Hills, Tarrant County, Texas, according to the Map thereof
recorded in Cabinet A, Slide 4429, Plat Records, Tarrant County, Texas, being more particularly
described as follows;
BEGINNING a found cut cross on the Northerly right-of--way line of said Dogwood Park, being
the Southwest corner of said Lot 4-R;
THENCE northeasterly along said Northerly right-of--way line the following two (2) courses;
l .) N 74° 18' 32" E, 146.69 feet to a set cut cross notch at a point of curvature;
2.) 55.71 feet along the arc of a curve concave northerly, having a radius of 849.04 feet, a central
angle of 03°45'35", and a chord of N 72°25'44" E, 55.70 feet;
THENCE S 19°27'03" W, 10.00 feet over and upon said Dogwood Park right-of--way to a line
10.00 feet southerly of and parallel with said Northerly right-of--way line;
THENCE southwesterly over and upon said right-of--way along said parallel line the following
two (2) courses;
l.) 56.37 feet along the arc of a curve concave northerly, having a radius of 859.04 feet, a central
angle of 03°45'35", and a chord of S 72°25'44" W, 56.36 feet to a point of tangency;
2.) S 74°18'32" W, 146.69 feet;
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THENCE N 15°41'28" W, 10.00 feet over and upon said right-of--way to the POINT OF
BEGINNING, containing 2,027 square feet, or 0.047 acre of land, more or less.
Tract 6
Being a 10 foot by 132 foot strip of land within the public right-of--way of Dogwood Park (60
feet wide} lying Southeasterly of and contiguous with the Southeasterly line of Lot 7, Block 3,
MIDWAY PLACE, an Addition to the City of Richland Hills, Tarrant County, Texas, according
to plat recorded in Volume 388-101, Page 3, Deed Records of Tarrant County, Texas, being
more particularly described as follows:
BEGINNING at a found 5/8" iron rebar at a point of curvature on the Southeasterly right-of--way
line of said Dogwood Park, being a point on the Northwesterly line of Lot 7, Block 2, of
MIDWAY INDUSTRIAL PARK, an Addition to the City of Richland Hills, Tarrant County,
Texas, according to Plat recorded in Volume 388-196, Page 96, Deed Records of said Tarrant
County;
THENCE N 27°23'04" W, 60.00 feet to a point on the Northwesterly right-of--way line of said
Dogwood Park, also being the Southeasterly line of said Lot 7, Block3, of MIDWAY PLACE;
THENCE S 62°36'56" W, 128.12 feet along said Northwesterly right-of--way line for the POINT
OF BEGINNING;
THENCE S 27°23'04" E, 10.00 feet over and across said right-of--way to a line 10.00 feet
southeasterly of and parallel with said Northwesterly right-of--way line;
THENCE S 62°36'56" W, 132.00 feet over and across said right-of--way;
THENCE l~T 27°23'04" W, 10.00 feet over and across said right-of--way to the Northwesterly line
thereof;
THENCE N 62°36'56" E, 132.00 feet along said Northwesterly right-of--way line to the POINT
OF BEGINNING, containing 1,320 square feet, or 0.030 acre of land, more or less.
Tract 7
Being a 10 foot wide strip of land within the public right-of--way of Whitehall Street (60 feet
wide) lying Northerly of Lot 5, Block 5, MIDWAY PLACE, an Addition to the City of Richland
Hills, Tarrant County, Texas, according to plat recorded in Volume 388-181, Page 14, Deed
Records of Tarrant County, Texas, being more particularly described as follows:
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BEGINNING at a found cut cross notch on the Southerly right-of--way line of said Whitehall
Street, being the Northwest corner of said Lot 5;
THENCE N 11 °57' 14" E, 10.02 feet along the Northerly extension of the Westerly line of said
Lot 5 to a point on a curve concave northerly, being 10 feet Northerly of and parallel with the
Southerly right-of--way line of said Whitehall Street;
THENCE northeasterly 134.82 feet along the arc of said curve, having a radius of 1,170.19 feet,
a central angle of 06°36'04", and a chord of N 78°20'03" E, 134.74 feet to a point of tangency;
THENCE N 75°02'01" E, 73.38 feet to the Northerly extension of the Easterly line of said Lot 5;
THENCE S 11°53'59" E, 10.01 feet along said Northerly extension to a set iron rebar with cap
stamped "MILLMAN 3303420723" on said Northerly right-of--way line, also being the Northeast
corner of said Lot 5;
THENCE southwesterly along said Northerly right-of--way line the following two (2) courses;
1.) S 75°02'01" W, 72.85 feet to a point of curvature;
2.) 135.34 feet along the arc of a curve concave northerly, having a radius of 1,180.19 feet, a
central angle of 06°34'14", and a chord of S 78°19'09" W, 135.27 feet to the POINT OF
BEGINNING, containing 2,082 square feet, or 0.048 acre of land, more or less.
Tract 8
All the portion of an 8 foot wide strip of land within the public right-of--way of Tower Street (40
feet wide) lying Southerly of Lot 2, Block 4, MIDWAY PLACE, an Addition to the City of
Richland Hills, Tarrant County, Texas, according to plat recorded in Volume 388-101, Page 3,
Deed Records of Tarrant County, Texas, being more particularly described as follows:
BEGINNING a found railroad spike on the Northerly right-of--way line of said Tower Street,
being the Southeast corner of said Lot 2;
THENCE S 13°06'34" E, 8.01 feet along the Southerly extension of the Easterly line of said Lot
2 to a line 8 feet Southerly of and parallel with the Northerly right-of--way line of said Tower
Street;
THENCE S 74°06'04" W, 220.62 feet along said parallel line to the Southerly extension of the
Westerly line of said Lot 2;
THENCE N 12°59'47" W, 8.01 feet along said Southerly extension to a found 1/2" iron rebar on
the Northerly right-of--way line of said Tower Street, being the Southwest corner of said Lot 2;
THENCE N 74°06'04" E, 220.62 feet along said Northerly right-of--way line to the POINT OF
BEGINNING, containing 1,765 square feet, or 0.041 acre of land, more or less.
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