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HomeMy WebLinkAboutDeed Northeast Crossing Addition Block1 Lot 3E 2023 ��°,cHtt City Secretary Office oy Official Record Copy tp Title Partners ("Escrow Agent") INSTRUCTIONS AND RELEASE (Earnest Money) Date: October 15,2024 Date of Contract: February 4,2020 Property Address: 9111 Hawk Ave,North Richland Hills,TX 76180 Buyer: Cromwell Hospitality,LP,a Texas limited partnership Seller: City of North Richland Hills,Texas,a municipal corporation pursuant to the laws of the State of Texas Earnest Money Deposit: $1,000.00 NOTICE: This form provides for the release of the parties,brokers,and title companies from all liability under the contract(not just the disbursement of earnest money.) Do not sign this form if it is not your intention to release all the persons signing this form from all liability under the contract. READ THIS RELEASE CAREFULLY. If you do not understand the effect of this release,consult your attorney BEFORE signing. 1. The undersigned Buyer and Seller release each other,any broker,title company,and escrow agent from any and all liability under the aforementioned contract. 2./ Seller and Buyer hereby authorize Escrow^ Agent to pay the Earnest Money Deposit in the following manner: • o ray 411 LU JGtler C `_ M Pay all to Buyer 7 —s ❑ Pay$ to Buyer and $ to Seller. ❑ Pay as follows: $ to $ to $ to $ to 3. We understand that unless and until Escrow Agent has received identical instructions from all parties,it will continue to hold said escrowed funds der the terms of the Agreement until such time as they become eligible for escheat®ors � Blito`t�eo� Seller Signature:' 6,VS Date Signed: 11/'l9/ l�=,`��\ • "'�Yo��.: City of North Richlan Hills Texas iticrrES(: Erri n • ri Name: ea bile e j (T�G��•t�2'Ia r Io0 •\ . �n It l t CLO 1 L.i(,iar- �5/OIJ • •' Title: C,( r Y l�I JCL P� C.t5 Se'C4Y Cct'c� V it C adi J ,A � CI `98et Buyer Signature: 10/16/2024 y tm Cam----• Date Signed: Cromwell Hospitality,LP Name: Sanjiv Title: Managing Partner INSTRUCTIONS AND RELEASE(EARNEST MONEY) Page 1 of 1 fi D223204645 11/15/2023 01:18 PM Page: 1 of 9 Fee: $51.00 Submitter: Gravitas National Title,LLC Electronically Recorded by Tarrant County Clerk in Official Public Records - MARY LOUISE NICHOLSON • COUNTY CLERK SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESEENTS COUNTY OF TARRANT § Gravitas National Title:\cIV b•vO'Om'3 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY 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. That, City of North Richland Hills,Texas("Grantor")for and in consideration of the sum of Ten and No/100 Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged by Grantor,acting herein pursuant to the formal action of the City Council of Grantor passed as of the day of November I ,2023,has GRANTED,BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Cromwell Hospitality,LP,a Texas limited partnership ("Grantee"),and Grantee's successors and assigns,all the following described tract or parcel of land located in Tarrant County,Texas,together with all fixtures and improvements Iocated thereon(the"Subject Property"): See Exhibit"A"attached hereto and made a part hereof for all purposes. This conveyance is made and accepted expressly subject to: (i)all applicable zoning laws,regulations,and ordinances of municipal and/or governmental authorities; (ii)the mineral reservation hereafter set forth; and (iii)all encumbrances,restrictions, easements,conditions, covenants and conveyances or exceptions to title set forth in Exhibit"B" attached hereto and incorporated herein for all purposes, or visible or apparent on the ground,applicable to and enforceable against the Subject Property,to the extent that same are valid and subsisting and affect title to the Property. Grantor hereby excepts and reserves all of the interest currently owned by Grantor in the oil, gas and other hydrocarbon minerals (the"Minerals") in and under or that may be produced from the Subject Property.Grantor,on behalf of itself, its successors and assigns,hereby forever releases,waives and relinquishes all rights to use the surface of the Subject Property for seismic activities and for any and all other mineral exploration or production purposes including, without limitation,exploring, drilling for, developing,producing, storing,and processing Minerals from the Subject Property;provided,however,such release,waiver and relinquishment shall not be construed as a release,waiver or relinquishment by Grantor of the right to explore, drill for, develop or produce Minerals from the Subject Property(and to have access to and control of underground mineral formations)through wells at surface locations situated outside the Subject Property. D223204645 Page 2 of 9 THE SUBJECT PROPERTY IS CONVEYED "AS-IS", "WHERE-IS"AND WITH ALL FAULTS AND GRANTOR MAKES NO WARRANTY,EXPRESSED OR IMPLIED,WITH RESPECT TO THE SUBJECT PROPERTY,THE AVAILABILITY OF UTILITIES,ACCESS TO PUBLIC ROADS OR ITS PHYSICAL AND ENVIRONMENTAL CONDITION. GRANTEE HAS CONDUCTED ITS OWN INDEPENDENT INSPECTION OF THE PROPERTY AND HAS ELECTED NOT TO RELY ON ANY REPRESENTATIONS THAT MAY HAVE BEEN MADE BY GRANTOR BUT RATHER,AS A SIGNIFICANT PORTION OF THE CONSIDERATION GIVEN TO GRANTOR FOR THIS CONVEYANCE,HAS AGREED TO BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR EVALUATING THE CONDITION OF THE PROPERTY.NO WARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,MATERIALS,WORKMANSHIP OR APPLIANCES HAS BEEN MADE OR IS EXPRESSED OR IMPLIED BY THIS CONVEYANCE. GRANTOR EXPRESSLY DISCLAIMS ANY WARRANTY OF HABITABILITY, GOOD AND WORKMANLIKE CONSTRUCTION, SUITABILITY, OR DESIGN. GRANTEE,BY ACCEPTANCE OF THIS DEED,ASSUMES AND AGREES TO PAY ALL AD VALOREM TAXES ATTRIBUTABLE TO THE SUBJECT PROPERTY FOLLOWING THE DATE HEREOF FOR THE YEAR IN WHICH THIS DEED IS EXECUTED AND DELIVERED. TO HAVE AND TO HOLD the Subject Property,together with all and singular the rights and appurtenances thereto in anywise belonging unto the Grantee,its heirs, legal representatives and assigns,forever. Grantor does hereby bind itself,its heirs,legal representatives and assigns, to WARRANT and FOREVER DEFEND all and singular the Property unto the Grantee,its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by,through or under Grantor,but not otherwise. EXECUTED this P-43 day of November, 2023. CITY OF NORTH RICHLAND HILLS, TEXAS h By: Mark Hindman, City Manager ATTEST: riattt('Uplr/' �,`` ;• != cia Richardson , . h City Secretary/Chief GoWrAnce Ohl* .j/� s V•`$� s Warranty Deed Page 12 D223204645 Page 3 of 9 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the\y day of • , 2023, by Mark Hindman, City Manager of the City of North Richland Hills, Texas, on behalf of said municipality. "�%,� KARA GUNTER Notary P 'c, State of Texas ,�PFtY PVe� 34-,:c4_:_Notary Public,State of Texas =; •.pR'Qs Comm.Expires 09-07-2025 Notary ID 10957896 FYI AFTER RECORDING RETURN TO: Cromwell Hospitality,LP 13.1.\3 N.e 1 Warranty Deed Page 13 D223204645 Page 4 of 9 Exhibit"A" BEING a 2.1177 acre tract of land located in the Landon Walker Survey,Abstract No. 1652, City of North Richland Hills,Tarrant County,Texas, said 2.1177 acre tract of land being a portion of LOT 3E,BLOCK 1,NORTHEAST CROSSING ADDITION,being an Addition to the said City and State, according to the plat thereof filed for record in Tarrant County Clerk's Instrument No. D211237244, Official Public Records,Tarrant County,Texas (O.P.R.T.C.T.), said 2.1406 acre tract of land also being a portion of a called 2.829 acre tract of land conveyed to the CITY OF NORTH RICHLAND HILLS,TEXAS,by deed thereof filed for record in Tarrant County Clerk's Instrument No. D219171805, O.P.R.T.C.T.,said 2.1177 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found(Controlling Monument) at the most southerly property corner of the said 2.829 acre tract, same being the west lot corner of Lot 3B,Block 1 of the said Northeast Crossing Addition, said iron rod found also being on the existing northerly right-of-way line of Walker Boulevard(being a 90 feet wide public right-of-way at this point); THENCE North 44°55'16" West, along a southwest property line of the said 2.829 acre tract and along the said existing right-of-way line, a distance of 245.09 feet to a 1/2 inch iron rod found (Controlling Monument) at a west property corner of the said 2.829 acre tract,and being at an angle point in the said existing right-of-way line; THENCE North 00°03'18" East, along a west property line of the said 2.829 acre tract and continuing along the said right-of-way line, a distance of 19.29 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set(hereinafter referred to as an iron rod set); THENCE departing the said property line and the said right-of-way line, over and across the said 2.829 acre tract the following courses and distances: North 45°17'59 East,a distance of 296.35 feet to an iron rod set; South 88°50'32 East, a distance of 255.45 feet to an iron rod set on a northeast property line of the said 2.829 acre tract, same being a northeast lot line of said Lot 3E, same being a southwest lot line of Lot 1,Block 1 Aegon Office Park Addition,being an Addition to the said City and State, according to the plat thereof filed for record in Cabinet A, Slide 384,Plat Records,Tarrant County,Texas (P.R.T.C.T.),from which a 1/2 inch iron rod found (Controlling Monument)at the most northerly lot corner of said Lot 3E bears North 00°38'42" West, a distance of 72.77 feet; Warranty Deed Page 14 D223204645 Page 5 of 9 THENCE South 00°38'42" East, along the said northeast property line and along the said southwest lot line of said Lot 1, a distance of 27.53 feet to a 1/2 inch iron rod with a cap stamped "GRAHAM"found at the most easterly northeast property corner of the said 2.829 acre tract, same being a southwest lot corner of said Lot 1, and being a northwest lot corner of Lot 3A3R, Block 1,Northeast Crossing Addition,being an Addition to the said City and State, according to the plat thereof filed for record in Tarrant County Clerk's Instrument No. D222259798, O.P.R.T.C.T.; THENCE South 45°10'23" West,along a southeast property line of the said 2.829 acre tract,in part along a west lot line of said Lot 3A3R,in part along a northwest lot line of Lot 3D,Block 1 of said Northeast Crossing Addition(D211237244), and in part along a northwest lot line of Lot 3CR,Block 1,Northeast Crossing Addition,being an Addition to the said City and State, according to the plat thereof filed for record in Tarrant County Clerk's Instrument No. D212210655, O.P.R.T.C.T., a distance of 293.54 feet to a 1/2 inch iron rod with a cap stamped "JDJR" found at an east property corner of the said 2.829 acre tract,same being the most northerly northwest lot corner of said Lot 3CR; THENCE South 44°54'22" East, along an east property line of the said 2.829 acre tract and along a west lot line of said Lot 3CR, a distance of 55.21 feet to an"X" cut in concrete found (Controlling Monument)at a southeast property corner of the said 2.829 acre tract, same being a northwest lot corner of said Lot 3CR; THENCE South 45°21'24" West, along the most southerly southeast property line of the said 2.829 acre tract,in part along a northwest lot line of said Lot 3CR, and in part along a northwest lot line of the aforementioned Lot 3B, a distance of 174.41 feet to the POINT OF BEGINNING. The hereinabove described tract of land contains a computed area of 2.1177 acres (92,245 square feet) of land Warranty Deed Page 5 D223204645 Page 6 of 9 Exhibit"B" The following:Volume 13560,Page 386,Volume 13560, Page 404, Clerk's File No. D200275068, Clerk's File No. D203472398, Clerk's File No.D204080627, Clerk's File No. D205163407, Clerk's File No. D206024717, Clerk's File No. D208328950, and Clerk's File No. D212098460,Real Property Records,Tarrant County,Texas Easement(s)for the purpose(s)shown below and rights incidental thereto as delineated or as offered for dedication, on the plat filed in/under Instrument No.D211237244, Plat Records, Tarrant County,Texas; Purpose: 24'Access 1. Purpose: 15'utility 2. Purpose: 24'utility 3. Purpose: drainage and utility Easement(s) for the purpose(s) shown below and rights incidental thereto,as granted in a document: Granted to: City of North Richland Hills Purpose: Right-of-Way Recording Date:April 30, 1990 Recording No: in Volume 9910,Page 714,Real Property Records,Tarrant County,Texas Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of North Richland Hills Purpose: Right-of-Way Recording Date:April 30, 1990 Recording No: in Volume 9910,Page 733, Real Property Records,Tarrant County,Texas Warranty Deed Page 16 D223204645 Page 7 of 9 Matters contained in that certain document Entitled:Amended and Restated Easement Agreement Dated:May 31, 1996 Executed by:MEGA Life and Health Insurance Company,an Oklahoma corporation and PFL Life Insurance Company, an Iowa corporation Recording Date: June 14, 1996 Recording No: in Volume 12400,Page 2356,Real Property Records,Tarrant County,Texas, and • affected by First Amendment recorded in Volume 13560,Page 389,Real Property Records, Tarrant County,Texas, and affected by Second Amendment recorded in Volume 13994,Page 403,Real Property Records,Tarrant County,Texas, and affected by Third Amendment recorded in Volume 14074, Page 197, Real Property Records,Tarrant County,Texas Matters contained in that certain document Entitled:Amended and Restated Easement Agreement Dated: May 31, 1996 Executed by: PFL Life Insurance Company, an Iowa corporation and MEGA Life and Health Insurance Company,an Oklahoma corporation Recording Date:June 14, 1996 Recording No: in Volume 12400, Page 2369,Real Property Records,Tarrant County,Texas Which provides for, among other things:Terms,provisions, easements and conditions Matters contained in that certain document Entitled:No-Build Easement Dated: December 10, 1998 Executed by: TRUSTEES,E-SYSTEMS, INC.,POOL TRUST and NORTHEAST CROSSING LIMITED PARTNERSHIP, a Texas limited partnership Recording Date: December 14, 1998 Recording No: in Volume 13560,Page 404, Real Property Records,Tarrant County,Texas Which provides for, among other things: Terms,provisions, easements and conditions Matters contained in that certain document Entitled:Access Easement Dated:August 23, 1999 Executed by: TRUSTEES,E-SYSTEMS,INC. POOL TRUST and NORTHEAST CROSSING LIMITED PARTNERSHIP, a Texas limited partnership Recording Date: October 8, 1999 Recording No: in Volume 14045, Page 64,Real Property Records,Tarrant County,Texas Which provides for, among other things: Terms,provisions, easements and conditions Warranty Deed Page!7 -D223204645 Page 8 of 9 Assessments,charges and liens as set forth in the document Entitled: Declaration/By-laws Recording Date: December 11,2000 Recording No: in Volume 14643,Page 398,Real Property Records,Tarrant County,Texas. Together with all amendments thereto Covenants, conditions,restrictions and easements but omitting any covenants or restrictions, if any,including but not limited to those based upon race, color,religion, sex, sexual orientation, familial status, marital status, disability,handicap,national origin,ancestry, source of income, gender, gender identity, gender expression,medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: December 11, 2000 Recording No: in Volume 14643, Page 398, Real Property Records,Tarrant County,Texas, together with all amendments thereto. Assessments, charges and liens as set forth in the document Entitled:Declaration/By-laws Recording Date:April 25,2012 Recording No: under Clerk's File No. D212098460, Real Property Records,Tarrant County, Texas Covenants, conditions,restrictions and easements but omitting any covenants or restrictions,if any,including but not limited to those based upon race, color,religion, sex,sexual orientation, familial status,marital status, disability,handicap,national origin, ancestry, source of income, gender, gender identity, gender expression,medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date:April 25,2012 Recording No: under Clerk's File No. D212098460,Real Property Records,Tarrant County, Texas,together with all amendments thereto. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated June 2,2005,filed on June 24, 2005 and recorded under Clerk's File No. D205180856, Real Property Records,Tarrant County,Texas. Warranty Deed Page 18 D223204645 Page 9 of 9 Interest in and to all coal, lignite, oil, gas and other minerals,and all rights incident thereto, contained in instrument dated July 25,2007,filed on July 26,2007 and recorded under Clerk's File No. D207261004,Real Property Records,Tarrant County,Texas. Interest in and to all coal,lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated July 31,2019,recorded August 2,2019 at under Clerk's File No. D219171805, of the Official Records of tarrant County,Texas,which document contains the following language . Lease for coal,lignite, oil, gas or other minerals,together with rights incident thereto, a memorandum dated August 17,2007,by and between Arcadia Land Partners 31,Ltd., a Texas limited partnership, as Lessor, and Chesapeake Exploration L.L.C.,an Oklahoma limited liability company, as Lessee,filed on September 25,2007 and recorded under Clerk's File No. D207341419,Real Property Records,Tarrant County,Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). Lease for coal, lignite, oil, gas or other minerals,together with rights incident thereto, a memorandum dated August 17, 2007,by and between Arcadia Land Partners 25,Ltd., a Texas limited partnership, as Lessor, and Chesapeake Exploration L.L.C., an Oklahoma limited liability company, as Lessee, filed on November 7,2007 and recorded under Clerk's File No. D207398934,Real Property Records,Tarrant County,Texas. Warranty Deed Page 19