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ORDINANCE NO. 418
AN ORDINANCE AUTHORIZING THE EXECUTION OF A QUITCLIAM
DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF --~'
A PORTION OF WREY CREST ROAD RIGHT-OF-WAY IN THE CIT~"A~~ ==
KENNEDALE, TARRANT COUNTY, TEXAS; PROVYDII~;: ~i `~ ~'1
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIV,C~J'AT_j~ ~ --=
_, _ ~---
-" t~ 1
WHEREAS, the City of Kennedale, Texas is a home rule cit acting u _.~ s rte ~
,;.
adopted by the electorate pursuant of Article XI, Section 5 of the Texas
Chapter 9 of the Local Government Code; and
Rc `r' :'
WHEREAS, the City Council of the City of Kennedale, previously adopted
Ordinance No. 402 on June 12, 2008, vacating and abandoning a portion of Wrey Crest
right-of-way and authorizing the City to execute a quitclaim deed releasing all title,
ownership and control in said right-of-way to Majestic Texas Properties, L.P., the then
owner of the abutting property under the terms and conditions set forth in the quitclaim
deed; and
WHEREAS, the ownership of the abutting property has since changed and at the
request of Majestic Texas Properties, L.P., the City now deems it necessary to execute a
quitclaim deed releasing all title, ownership and control in said right-of-way to National
Retail Properties, L.P., the current owner of the abutting property under the terms and
conditions set forth in the quitclaim deed.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION 1.
That portion of Wrey Crest Road vacated and abandoned as public property by
W:1Kennedale\ORDINANC1Vacate Wrey Crest Road row-Amend.wpd (11/13/08)
Page 1
~-
Ordinance No. 402, described in Exhibit "A" and further depicted on Exhibit "B", attached
hereto, shall revert in fee simple to National Retail Properties, L.P., the owner of the
abutting property.
SECTION 2.
The Mayor of the City of Kennedale, Texas, is hereby authorized and directed to
execute a quitclaim deed to National Retail Properties, L.P., the abutting property owner,
in the form shown in Exhibit "C" releasing all claims to title, ownership, or control of the
right-of-way on the behalf of the City of Kennedale, Texas. A copy of this quitclaim deed
shall be presented for filing with the County Clerk of Tarrant County, Texas by the office
of the City Secretary.
SECTION 3.
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 4.
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
W:1KennedalelORDINANC\Vacate Wrey Crest Road row-Amend.wpd (11/13/08) Page 2
PASSED AND APPROVED ON THIS 13"' DAY OF NOVEMBER, 2008.
`~~ OF KE~~~` _, . APPROVED:
;~:.. ..,..~,~. J
°~-l
.* y
• ,. I !~
` ~~y ~'~+
Mayor
•°tl .
~••
- ,
ATTEST:
/`Z%%~s~ De-c~JZG~Ii
City Secretary
APPROVED AS TO FORM AND LEGALITY:
~`
City Attorney
AFTER RECORDING RETURN TO:
CITY SECRETARY'S OFFICE
CITY OF F~ENNEDALE
405 MUNICIPAL DRIVE
KENNEDALE, TEXAS 76060
W:1KennedalelORDINANC\Vacate Wrey Crest Road row-Amend.wpd (11113/08) Page 3
Exhibit "A"
LEGAL DESCRIPTION
W:1Kennedale\ORDINANC\Vacate Wrey Crest Road row-Amend.wpd (11!13/08) Page 4
Real Property Description
Of a Portion
Wrey-Crest Road
Adjacent to Lot 1, Block 1,
Broyles Addition
A tract of land out of the David Strickland Survey, Abstract Number 1376, Tarrant County, Texas, and
being a portion of Wrey-Crest Road (also knowm as County Road Number 1010) right-of--way, adjacent to
Lot 1, Block 1, Broyles Addition, to the City of Kennedale, Texas, according to plat recorded in Cabinet
B, Slide 443, Plat Records, Tarrant County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a mazk "X" found in concrete for the southwest corner of said Lot, and being the
northwest corner of Lot 1, Block 1, M. J. Freeman Addition, to the City of Kennedale, Texas, according to
plat recorded in Cabinet A, Slide 8450, Plat Records, Tarrant County, Texas, and being in the east right-
of-way of Wrey-Crest Road;
THENCE: North 89 degrees 29 minutes 46 seconds West, 19.23 feet, to the centerline of Wrey-Crest
Road;
THENCE; with said centerline, North 00 degrees 25 minutes 16 seconds East, 65.15 feet;
THENCE South 88 degrees 41 minutes 06 seconds West, 19.45 feet, to a mazk "X" cut in the west right-
of-way of said Road, for the southeast corner of that certain tract of land out of said Survey, described by
deed recorded at Instrument Number D205044510, of the Deed Records, Tarrant County, Texas;
THENCE; with said right-of--way and the east line of said tract. North 00 degrees 24 minutes
09 seconds East, 108.80 feet, to a mark "X" found for the northeast corner of said tract, and being in the
southeasterly right-of--way of Interstate Highway 20;
THENCE: with said southeasterly right-of-way, North 45 degrees 07 minutes 06 seconds East, 55.48 feet,
to a red capped 5/8" iron rod stamped "Hansen 4786" found at the northwest corner of said Lot 1, Block
1, Broyles Addition;
THENCE; with said east right-of--way and the west line of said Lot, South 00 degrees 30 minutes 14
seconds West, 212.84 feet, to the Place of Beginning, and containing some 6328 square feet (0.14 acres)
of land, more or less.
Surveyed on the ground in April 2006, corrections; spelling and partial extra call deleted, January 200
Bearing Base: Per record for the west line of said Lot 1, Block 1, Broyles Addition, being South 00
degrees 30 minutes 14 seconds West, and monumented by a red capped 5/8" iron rod stamped "Hansen
4786" found at its north end, and a mark "x' in concrete found at its south end.
Note: In acwrdance with Texas Board of Professional Land Surveying, General Rules of Procedures and
Practices, 663.19(8), this "report" consists of the herein Real Property Description, and a map of survey
being attached herewith.
This description prepared to describe the vacation by the City of Kennedale of the above
of Wrey-Crest Road.
Exhibit "B"
SURVEY
W:1Kennedale\ORDINANC1Vacate Wrey Crest Road row-Amend.wpd (11/13/08) Page 5
LBCaND PXlSTMG OIINERSSlP
RE'VERSlON TO lL4JESTIC PfIA,PLE=1fdIESTTC
PROPOSED 24.0' RIDE FIRE L,f.vE AND t.VCRES3 & ECRL•S.S PARCELS y,,+
~~ NO SCALE
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EXHIBIT' SHOWING MAJES7'IC'S ~`
REVERSION INTEREST IN WREY CREST ROAD
EXISTING ACCESS TO ADJACENT PROPERTIES AND
PROPOSED FIRE LANE AND INGRESS & EGRESS PA CELS
KENNEDALE, TEXAS ~
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MAP OF SURVEY u
A PORTION OF WREY CREST ROAD RIGHT-OF-WAY
ADJACENT TO LOT 1, BLOCK 1,
BROYLES ADDITION, CAB. A, SLIDE 443, P.R.,T.C. .,
BEARJNG BASE RECORD FOR 7HE WEST [lNE OE LOT 1, RLOCK J, BROYL[S ADDITTO
BEING S DD'30'74' W AND MONLWENTED AS SHOWN HEREON y1~ D
SURVEYED ON THf' GROUND IN APRfL 2006. ~ ~'
0' S0' 190' 150' "mss "~~~~~"
X796
GRAPHIC SCALE IN FEET h,
SCi1T.~: t e= $Q
- RECORDING INEORHA i7DN SHOWN HEREON
MAY NOT REPRESENT CURIPENT OWNERSHIP.
Jiea. Xedn ltaaem
RsdetNed Prefeesloaef faced earegoe /iTdO
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Exhibit "C"
QUITCLAIM DEED
W:1KennedalelORDINANC1Vacate Wrey Crest Road row-Amend.wpd (11/13/08) Page 6
QUITCLAIM DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
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.
For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the City of Kennedale ("Grantor")does hereby bargain, sell, convey
and quitclaim unto National Retail Properties, LP ("Grantee"),whose address is 450 South
Orange Avenue, Suite 900, Orlando, Florida 32801 all of Grantor's right, title and interest
in and to that certain right of way and land (the "Property") described in Exhibit A and
shown on Exhibit B attached hereto and incorporated herein.
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the
Property, togetherwith all and singularthe rights and appurtenances belonging in anyway
to Grantor, unto Grantee, its successors and assigns forever, and neither Grantor nor
Grantor's heirs, personal representatives, successors or assigns shall have, claim or
demand any right, title or interest in all or any part of the Property.
EXECUTED this ~~'y day of
/Llo r/~/~ , 2008.
CITY OF KENNEDALE
dy.
Bryan Lankhorst, Mayor
W:\KennedalelDeeds\Quitclaim. Wrey Crest Road-002.wpd Page 1
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Bryan Lankhorst, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same on behalf of the City of Kennedale for the purposes and consideration
expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~~ day of ov~tlr~X?
2008.
(SEAL)
Notary Public, tate of Texas
;~:K;;.P~...;
,. ~z':_ KAT}iYTURNER
'- MY COMMISSION EXPIRES
;° February 77, 2008
`+I--
W:1KennedalelDeedsl~uitclaim. Wrey Crest Road-002.wpd Page 2
Exhibit "A"
LEGAL DESCRIPTION
W 1KennedalelDeedsl~uitclaim. Wrey Crest Road-002.wpd Page 3
Real Property Description
Of a Portion
Wrey-Crest Road
Adjacent to Lot 1, Block 1,
Broyles Addition
A tract of land out of the David Strickland Survey, Abstract Number 1376, Tarrant County, Texas, and
being a portion of Wrey-Crest Road (also known as County Road Number 1010) right-of--way, adjacent to
Lot 1, Block 1, Broyles Addition, to the City of Kennedale, Texas, according to plat recorded in Cabinet
B, Slide 443, Plat Records, Tarrant County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a mark "X" found in concrete for the southwest corner of said Lot, and being the
northwest corner of Lot I, Block 1, M. J. Freeman Addition, to the City of Kennedale, Texas, according to
plat recorded in Cabinet A, Slide 8450. Plat Records. Tarrant County, Texas, and being in the east right-
of-way of Wrey-Crest Road;
THENCE: North 89 degrees 29 minutes 46 seconds West, 19.23 feet, to the centerline of Wrey-Crest
Road:
THENCE; with said centerline, North 00 degrees 25 minutes 16 seconds East, 65.15 feet;
THENCE South 88 degrees 41 minutes 06 seconds West, 19.45 feet, to a mark "7{" cut in the west right-
of-way of said Road, for the southeast corner of that certain tract of land out of said Survey, described by
deed recorded at Instnunent Number 0205044510, of the Deed Records, Tarrant County, Texas;
THENCE; with said right-of--way and the east line of said tract, North 00 degrees 24 minutes
09 seconds East, 108.80 feet, to a mark "X" found for the northeast corner of said lracl, and being in the
southeasterly right-of--way of Interstate Highway 20;
THENCE: with said southeasterly right-of--way. North 45 degrees 07 minutes 06 seconds East, 55.48 feet,
to a red capped 5/8" iron rod stamped "Hansen 4786" found at the northwest corner of said Lot 1; Block
1, Broyles Addition;
THENCE; with said east right-of-way and the west line of said Lot. South 00 degrees 30 minutes 14
seconds West, 212.84 feet, to the Place of Beginning, and containing some 6328 square feet (0.14 acres)
of land, more or less.
Surveyed on the ground in April 2006, corrections; spelling and partial extra call deleted, January 200$
Bearing Base: Per record for the west line of said Lot 1, Block 1, Broyles Addition, being South 00
degrees 30 minutes 14 seconds West, and monumented by a red capped 5/8" iron rod stamped "Hansen
4786" found at its north end, and a mark "X" in concrete found at its south end.
Note: In accordance with Texas Board of Professional Land Surveying, General Rules of Procedures and
Practices, 663.19(g), this "report" consists of the herein Real Property Description, and a map of survey
being attached herewith.
This description prepared to describe the vacation by the City of Kennedale of
of Wrey-Crest Road.
Exhibit "B"
SURVEY
W:1Kennedale\Deeds\Quitclaim. Wrey Cresl Road-002.wpd Page 4
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MAP OF SURVEY ~/
A PORTION OF WREY CREST ROAD RIGHT-OF-R'AY
ADJACENT TO LOT 1, BLOCK 1,
BROYLES ADDITION, CAB. A, SLIDE 443, P.R.,T.C. .,
BEARING BASE• RECD EDR THE VfST UN£ 7}~ LOT 1, BLOCK 1, BRY]YLCS ADDTTI
BE(NG S 00'3D'11' V AHD IyMwENTED AS TM7VN HEREON ~ or
SURVEYED ON 7HE GROlXID IN APRIL 2006 5
0' S0' 100' ?SO' wra•a. ~
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GRAPHIC SCALE IN FEET ~°
R£GIIRDINfi INS-RMATI-N $HDVN NEREDN
NAY NO7 REPRESENT LL(RRfNT OVNERSH7P.
due r..la aa,.a
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LEGEND EXISTDVG OIINERSNIP
:':J.C' RE'VL~fON TO YAJBSTlC PURPLE=ILIJSS27C
PROPOSED 2d.O' NID£ FIRE LA.YE AND fA'GRESS X EGRESS PARCEIS ~._,.1
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EXHIBIT SHOWING MAJESTIC'S 'y
REVERSION INTEREST IN 1VREY CREST ROAD
EXISTING ACCESS TO ADJACENT PROPERTIES AND
PROPOSED FIRE LANE AND INGRESS & EGRESS PAIjCI
KENNEDALE, TEXAS ~ ~~~
NO SCALE'
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CITY SECRETARY'S OFFICE
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE TX 76060
Submitter: HEXTER-FAIR
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - TH/S lS PART OF THE OFFICIAL RECORD.
Filed For Registration: 02/27/2009 03:02 PM
Instrument #: D209053945
OPR 17 PGS $76.00
By
D209053945
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: MC
~,~~
~_
STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY
p _ ~'~` -
4'~
tom} "= `31~ .
N ~,
'J C..:
~~
N _~
w _:.
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.
For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the City of Kennedale ("Grantor")does hereby bargain, sell, convey
and quitclaim unto National Retail Properties, LP ("Grantee"), whose address is 450 South
Orange Avenue, Suite 900, Orlando, Florida 32801 all of Grantor's right, title and interest
in and to that certain right of way and land (the "Property") described in Exhibit A and
shown on Exhibit B attached hereto and incorporated herein.
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the
Property, togetherwith all and singularthe rights and appurtenances belonging in anyway
to Grantor, unto Grantee, its successors and assigns forever, and neither Grantor nor
Grantor's heirs, personal representatives, successors or assigns shall have, claim or
demand any right, title or interest in all or any part of the Property.
EXECUTED this ~~tti day of
/~lbdE~~l~ , 2008.
CITY OF KENNEDALE
. ~~l' Gil GZ~i( ~' I~t,G1'
ey.
Bryan Lankhorst, Mayor
QUITCLAIM DEED
W:\KennedalelDeedslQuitclaim. Wrey Crest Road-002.wpd Page 1
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Bryan Lankhorst, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same on behalf of the City of Kennedale for the purposes and consideration
expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~~~day of l~ayct-f~2
2008.
(SEAL)
,. ~.e_~uzc.r~-
Notary Public, tate of Texas
~-:h
,.-k. ~; KAT}IY
;, ;,a~,;',..~ TURNER
Sy~a_ MY COMMISSION EXPIRES
"; ~` ;~r v ,~;'~ februaty 17~ 2008
W:\KennedalelDeedslQuitclaim. Wrey Crest Road-002.wpd Page 2
Exhibit "A"
LEGAL DESCRIPTION
W:1KennedalelDeedslQuitclaim. Wrey Crest Road-002.wpd Page 3
Real Property Description
Of a Portion
Wrey-Crest Road
Adjacent to Lot 1, Block 1,
Broyles Addition
A tract of land out of the David Strickland Survey, Abstract Number 1376, Tarrant. County, Texas, and
being a portion of Wrey-Crest Road (also known as County Road Number 1010) right-of--way, adjacent to
Lot 1, Block 1, Broyles Addition, to the City of Kennedale, Texas, according to plat recorded in Cabinet
B, Slide 443, Plat Records, Tarrant County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a mark "X" found in concrete for the southwest corner of said Lot.. and being the
northwest corner of Lot 1, Block 1, M. J. Freeman Addition, to the City of Kennedale, Texas, according to
plat recorded in Cabinet A, Slide 8450, Plat Records, Tarrant County, Texas, and being in the east right-
of-way of Wrey-Crest Road;
THENCE: North 89 degrees 29 minutes 46 seconds Wcst, 19.23 feet, to the centerline of Wrey-Crest
Road;
THENCE; with said centerline, North 00 degrees 25 minutes 16 seconds East, 65.15 feet;
THENCE South 88 degrees 41 minutes 06 seconds West, 19.45 feet, to a mark "X" cut in the west right-
of-way of said Road, for the southeast comer of that certain tract of land out of said Survey, described by
deed recorded at Instrument Number D205044510, of the Deed Records, Tarrant County, Texas;
THENCE; with said right-of--way and the east line of said tract, North 00 degrees 24 minutes
09 seconds East, 108.80 feet, to a mark "X" found for the northeast corner of said tract, and being in the
southeasterly right-of--way of Interstate Highway 20;
THENCE: with said southeasterly right-of--way, North 45 degrees 07 minutes 06 seconds East., 55.48 feet,
to a red capped 5/8" iron rod stamped "Hansen 4786" found at the northwest corner of said Lot 1, Block
1, Broyles Addition;
THENCE; with said east right-of--way and the west line of said Lot, South 00 degrees 30 minutes 14
seconds West, 212.84 feet, to the Place of Beginning, and containing some 6328 square feet (0.14 acres)
of land, more or less.
Surveyed on the ground in April 2006, corrections; spelling and partial extra call deleted, January 200
Bearing Base: Per record for the west line of said Lot 1, Block 1, Broyles Addition, being South 00
degrees 30 minutes 14 seconds West, and monumented by a red capped 5/8" iron rod stamped "Hansen
4786" found at its north end, and a mark "X" in concrete found at its south end.
Note: In accordance with Texas Board of Professional Land Surveying, General Rules of Procedures and
Practices, 663.19(g), this "report" consists of the herein Real Property Description, and a map of survey
being attached herewith.
This description prepared to describe the vacation by the City of Kennedale of
of Wrev-Crest Road.
Exhibit "B"
SURVEY
W:1KennedalelDeedslQuitclaim. Wrey Crest Road-002.wpd Page 4
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MAP OF SFIRVEY u
A PORTION OF WRE'Y CREST ROAD RIGHT-OF-N'AY
ADJACENT TO LOT 1, BLOCK 1,
BROYLES ADDITION, CAB. A, SLIDE 443, P.R.,T.C. .,
BEARING DASE• RECORD FOR THE WFST LIMF DF LOT 1, DLf1CK 1, RRDYLES ADDJi! .
BEING S 00.3074' V AND MlM7/MENTED AS SHOVN kfREDM tr or ~
SURVEYED tlN THE GRDUIJD IN APR1L 2006
0' S0' 100' 150' ~s~K _. ~
47p6
GRAPIIIC SCALE IN FEET ~'
SCALE I"= 50'
- RECDRDD:G fNFaRMAYIDN SHDIlN NEREDN
MAY M17 REPRESENT CWiRFNT OWNERSHIP.
Race Zevfn Bvnem
RaBLfared PtefeevlPael Lad 9urrefer /d780
udod Dvb LJ cL x
Pore torte. 7aroe 781!0
f/ f (8J7J 23Q--0088
,T/fjr'~/ Y/P PIIAm 111R1HML N kOIQf, 9JS,
L6GRIVD EXISTING OIINERSHIP
~,~~ ~ REVERSION TO dlAJESTfC PURPLB=MAJESTIC
'~ PROPOSED 2f ~ 0' WIDE FIRE LANE AND IT'GRESS & EGRESS PARCEIS y ~+
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~~
EXHIBIT SHOWING tYIAJESTIC'S '`
REVERSION INTEREST IN IYREY CREST ROAD
EXISTING ACCESS TO ADJACENT PROPERTIES AND
PROPOSED FIRE LANE AND INGRESS & EGRESS P GELS
KENNEDALE', TEXAS f
NO 5CAl~
Area
CITY SECRETARY'S OFFICE
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE TX 76060
Submitter: HEXTER-FAIR
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 Reaistration:\ 02/2712009 03:02 PM
#: \ 0209053946
0209053946
S PGS $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: MC