oe , \ NL AMENDED AND RESTATED S DECLARATION OF rn COVENANTS, CONDITIONS AND RESTRICTIONS nw ae - THIS DECLARATION (the "Amended Declaration"), made this 2b day of March, 1991, by FIRST INTERSTATE BANK OF TEXAS, N.A.
("Amending Owner" ): S, « A. On or about November 6, 1984, Kelton-Mathes Developme Corporation ("Original Declarant" ) imposed upon certain property situated in Tarrant County, Texas, a certain Declaratio of Covenants, Conditions and Restrictions for the Highlanré caused the Original Declaration to be recorded in Volym Page 164 of the Real Property Records of Tarrant Coun Subsequently, certain supplements to such declaratig filed in Volume 8445, Page 1252 and Volume 9214, Real Property Records of Tarrant County, Texas declaration and such supplements are collecti herein as the "Original Declaration"). Al currentiy~—encumbered by the Original Dec Exhibit "A" attached hereto and made purposes.(the "Existing Pr rties”).
© B. Original Declarant no longer Simple (or any other interest) in any of real mpreSing the Existing Properties. Original Declarant urrently the subject of a case under Chapter 7 of the Bankr Code in the United States Bankruptcy Court for the North i ct of Texas, Fort Worth Division (the "Court") ang, an order of the Court, has heretofore assigned er all of its rights, powers, privileges and int clarant" under the Original Declaration C. Section ° K states that "Thg < eyd Restrictions imposed on the Land made be amended > # of the owners of at least sixty-six percent (66% net acres within the Land whether such sixty-six ownership consists of Declarant and Owners or O provided, however, that if such sixty-six percent (66% consists of Owners alone, then so long as Declarant simple title of any net acres in the
ixty-six ownership consists of Declarant and Owners or O provided, however, that if such sixty-six percent (66% consists of Owners alone, then so long as Declarant simple title of any net acres in the i érs much obtain Declarant’s written consent to ding Owner owns more than sixty-six percent (66%) al net acres of the real property currently encumbered Ginal Declaration. Amending Owner desires to amend and the Original Declaration as more particularly set forth STTACHED HERETO AND MADE A PART HEREOF FOR ALL NOW, THEREFORE, Amending Owner hereby amends and restates £ Original Declaration as more particularly set forth herein and does hereby declare that the Existing Properties are and shall be held, transferred, sold, conveyed and occupied subject THIS DOCUMENT IS BEING REFILED FOR THE SOLE PURPOSE OF ADDING EXHIBIT A AS BEIp B to the covenants, conditions, restrictions, easements, charges 8 and liens hereinafter set forth = lm ARTICLE I 3 DEFINITIONS cf The following words, when used in this Amended Declaration or any supplemental declaration (unless the context shall otherwise clearly indicate or prohibit), shall have the following — meanings: a!
- Zoning ordinances, building codes, environmental laws, and other laws, reguiations, ordinances, statutes and codes of any city, county, state or federal governmental body or unit applicable to the Land.
Association - The entity which, when and if Declarant decides to create such entity, will have the power, duty and responsibility of administering and enforcing this Amended Declaration. The Association shall be formed as a non-profit corporation in accordance with the laws of the State of Texas (under the name "The Highlands Association, Inc." or a similar or comparable name, depending vpon the then-existing availability of
profit corporation in accordance with the laws of the State of Texas (under the name "The Highlands Association, Inc." or a similar or comparable name, depending vpon the then-existing availability of such corporate name(s)) for the purposes set forth herein Buildin r ructur - Enclosures, walls, building structures created, erected or placed on the Land or any thereof for principal use as office space, warehouse commercial, manufacturing, or any other use permittg Amended Declaration, including, without limitation, Bylaws - The Bylaws of the Association, as to time.
Declarant - Amending Owner a assigns(s) (if any) of Amending Ow written assignment from Amending Owne rights hereunder as Declarant. No sSor(s) and Rall receive by portion of its Im vemen - All Structures, Parking Facilities, personal pr i 3 and things placed or erected on, in, over > ayfixed to the Land or any portion thereof, includ q without limitation, streets, roads, lighting trash disposal units, fences, walls, fountai s, signs, pools and flag poles.
Land Declaration, consideratig Amended De to this A Declaration set fort encumbered by this Amended in time in question, taking into al real property may be added to this time to time and real property subject ation may be released from this Amended to time, all in accordance with the terms - All areas within a Tract not containing - As defined in Article II.
r - The record owner of fee simple title to any Tract.
Parking Facilities - All improvements placed, erected or ated and maintained on any portion of the Land for the purpose parking motor vehicles.
Tract - Each tract constituting a portion of the Land owned by an Owner.
ARTICLE II FORMATION EMBERSHIP AND VOTING RIGHTS IN T N Section 1. Formation of Association. On the date hereof,
otor vehicles.
Tract - Each tract constituting a portion of the Land owned by an Owner.
ARTICLE II FORMATION EMBERSHIP AND VOTING RIGHTS IN T N Section 1. Formation of Association. On the date hereof, the Association has not been created. Declarant shall determine when and if to form the Association which decision shall be at the sole and absolute discretion of Declarant and may be dependent upon, among other things, the development and improvement of the Existing Properties or a substantial portion thereof. At such time as Declarant elects to form the Association, Declarant shall give written notice thereof to each Owner. The terms of the Articles of Incorporation and By-Laws of the Association shall be determined by Declarant. Prior to the formation of the Association and the giving of such notice to the Owners, all of the powers and rights of the Association shall be vested in and be exercised by Declarant Section 2. Board of Directors. The number of directors constituting the Board of Directors of the Association (the “Board"), the term of each director and the manner of electing the Board shall be set forth in the Articles of Incorporation and/or By-Laws of the Association. The Board shall have the powers described in Article IV below.
Section 3. Membership. At such time as Declarant n each Owner that the Association has been formed, eve shall automatically be a Member of the Association may declare that an Owner is not a Member in gogé because of past due unpaid assessments. The temporarily suspend the voting rights of any Membgr Fy good standing until all past due unpaid assessmey . Voting Rights. The Arti By-Laws shall provide that each Member (1) vote for each ten thousand (10,000) thereof) of Land owned in fee simple b than one person or entity holds sych in
unpaid assessmey . Voting Rights. The Arti By-Laws shall provide that each Member (1) vote for each ten thousand (10,000) thereof) of Land owned in fee simple b than one person or entity holds sych in such persons and entities shall Tract shall be exercised as they) but in no event shall more than one to each such ten thousand ( thereof) of the Land. A Association shall caxunvaler a entity ceases to be an release or relieve any or obligation incurre Association or t gp Am ownership, or ipPs e or any other O led to one @et (or fraction ber. When more any Tract, all #’ the vote for such ong themselves, determine, vote be cast with respect are feet (or fraction tity’s membership in the fly whenever such person or such termination shall not or entity from any liability in any way connected with the claration during the period of such s or remedies which the Association egard to such former Owner.
eg e Members otes entitled be cast, Vv to the Yor by legitimate proxy, shall constitute a of the majority of the votes entitled to he fembefs present, or represented by legitimate proxy , which a quorum is present, shall be the act of s~ meeting. Notice requirements for all action to be Association shall be as set forth in its Articles of bon and By-Laws, as the same may be amended from time ‘ Notwithstanding the foregoing, any Owner may a ally assign the voting rights of a Tract to the efitiary of a first lien deed of trust or first mortgage of Tract as additional security, which assignment shall not be Mective until written notice thereof is actually received by eXe Association, together with evidence of said beneficiary's or mortgagee’s entitlement to cast said votes.
ARTICLE III WVENANTS F E N Assessments. Each Owner by acceptance of a deed therefor whether
ion, together with evidence of said beneficiary's or mortgagee’s entitlement to cast said votes.
ARTICLE III WVENANTS F E N Assessments. Each Owner by acceptance of a deed therefor whether or not it shall be so expressed in the deed or any such other conveyance, shall be deemed to covenant and agree (and such covenant and agreement shall be deemed to constitute a portion of the purchase money and consideration for acquisition of the Tract), to pay to the Association (or to an independent entity or agency which may be designated by the Association to receive such monies) assessments levied against an Owner to reimburse the Association for costs for maintenance and repairs caused by the failure of the Owner to maintain such Owner's Tract in accordance with the provisions of this Amended Declaration, such assessments to be fixed, established and collected from time to time as hereinafter provided. The assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the Owner's Tract and shali be a continuing lien upon the Owner’s Tract as provided below and shall also be the continuing obligation of the then-existing Owner of such Tract at the time when the assessment became due Section 2. Da en 5; Due Assessments provided for herein shall commence on the date is first given to the Owner of such assessment and shal and payable within 30 days after such notice is of assessment may be levied against an Owner until s first given written notice which sets forth in reaso such Owner’s failure to maintain its Tract in this Amended Declaration and such Owner fails ty action necessary to comply with the maintenayc forth herein within 60 days after such ng is Section 3. D Assessments. The Board shall upon rea
Tract in this Amended Declaration and such Owner fails ty action necessary to comply with the maintenayc forth herein within 60 days after such ng is Section 3. D Assessments. The Board shall upon rea any Owner originally liable for any ass® certificate in writing signed by an officer o e Ass setting forth whether said assessment has been Such certificate shall be conclusive evidence of payment of assessment therein stated to have been paid. A reasonab SM may be made by the Board for the issuance of such j ent or any part thereof is not paid and remains unpaid for a period of then the unpaid amount of such considered delinquent and shall, “rest thereon at the rate of 10% per annum collection thereof, thereupon become a secured by a self-executing lien on the non-paying Owner which shall bind such Tract in oft the then-Owner, his heirs. executors, devisees, and legal representatives and assigns. The ion shall have the right to reject partial of any assessment(s) and demand the full payment or the Association may accept such partial payment(s) on account only, without waiving any rights hereunder with regard to the remaining balance due. The obligation of the then-existing Owner to pay such assessment, however, shall remain his personal or corporate obligation, as the case may be, and shall not pass to his Successors in title unless expressly assumed by them However, the lien for unpaid assessments shall be unaffected by any sale or assignment of a Tract and shall continue in full force and effect. No owner may waive or otherwise escape liability for the assessment provided herein by abandonment of its Tract. The lien securing any past due assessments shall be binding on third parties only after a notice of lien is filed in the Real Property Records of
ssessment provided herein by abandonment of its Tract. The lien securing any past due assessments shall be binding on third parties only after a notice of lien is filed in the Real Property Records of Tarrant County, Texas, describing the Tract and the amount ¢ of the unpaid assessment.
hha (b) If any assessment or part thereof is not fully paid within 30 days after the due date, and the Association — may, at its election, retain the services of an attorney for =, collection and/or to foreclose the lien against the Property rds subject thereto and/or pursue any other remedy which the —_ Association may have at law or in equity, and there shall be added to the amount of such unpaid assessment any and all collection costs incurred hereunder by the Association, including reasonable attorneys’ fees and costs of suit.
Section 5. j i i Mor 3 The lien of the assessments provided for herein shall be subordinate and inferior to the lien of any mortgage or deed of trust in favor of any bank, savings and loan association, insurance company or similar financial institution for purchase money financing or the financing of construction of improvements upon said Tract or refinancing of any such indebtedness now or hereafter placed upon any Tract; provided, however, s subordination shall apply only to the assessments which hk become due and payable prior to the sale (whether pub private) of such property pursuant to the terms and condit any such mortgage or deed of trust. Such sale shall ng any such new Owner thereof from liability for the amg assessments thereafter becoming due nor from the lie subsequent assessment ARTICLE IV Section 1.
incorporation, enforce the provisions of this Ams and seek damages from any Owner or rules.
Subsequent to and power to Declaration and to enjoin
rom the lie subsequent assessment ARTICLE IV Section 1.
incorporation, enforce the provisions of this Ams and seek damages from any Owner or rules.
Subsequent to and power to Declaration and to enjoin glation of such provisions Section 2. ars, respect to the performance of the obligations of the @ i n hereunder, the Board shall have the right to 5 : all goods, services, and insurance, and the exg t and obligation to perform the functions of a oa S otherwise provided herein.
anc’ Contracts. The Board, on behalf of ave full power and authority to contract g without limitation the Declarant) for of the Association, of services which the ise required to perform pursuant to the contracts to be at competitive rates and terms and conditions and for such considef q¢s the Board may deem proper, advisable and in the i bf the Association.
with any performance Association terms he j ili imi +H L, Neither any Member, nor nor the Directors, or any of them, nor the officers ted for, or otherwise incurred by the Association, or for of another Member, whether such other Member was acting on Balf of the Association or otherwise. Neither the Declarant, Association, its directors, officers, agents or employees hall be liable for any incidental or consequential damages for failure to inspect any premises, improvements or portions thereof or for failure to repair or maintain the same. The Declarant, the Association or any other person, firm or corporation liable to make such repairs or maintenance shall not be liable for any personal injury or other incidental or consequential damages occasioned by any act or omission in the repair or maintenance of any premises, improvements or portions thereof.
,; RAH A 1taAaAnNes Ol 1O2hh ARTICLE V PROPERTY SUBJECT TO THIS DECLARATION;
l damages occasioned by any act or omission in the repair or maintenance of any premises, improvements or portions thereof.
,; RAH A 1taAaAnNes Ol 1O2hh ARTICLE V PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO; EASEMENTS Section 1. Additions to the Existing Property. Additional land(s) may become subject to this Amended Declaration only if the Declarant adds or annexes additional real property to the scheme of this Amended Declaration by filing in the Real Property Records of Tarrant County, Texas, a Supplementary Declaration ,of Covenants, Conditions and Restrictions which shall extend scheme of the covenants, conditions and restrictions Amended Declaration to such property; provided, howeve such Supplementary Declaration may contain such comp additions and modifications of the covenants, cond restrictions contained in this Amended Declaration necessary to reflect the different character, if added properties and as are not, in Declarant’, inconsistent with the concept of this Amended fp additions made pursuant to this Section hall automatically extend the jurisdiction, membership of the Association to the pr¢g Section 2. 5 Dec ayant may release one or more Tracts from this Amended Dea = or abandon this Amended Declaration in the manney rticle IX below created and dedicated by seve ged instruments, certain easements and related rights ects the Existing Properties.
All dedications, ions and reservations, and all grants and dedicati ements and related rights heretofore made by Declg are (to the extent v3 hereof) incorpor 4 Amended Declara herein.
ting the Existing Properties fing and in effect on the date eference and made a part of this purposes, as if fully set forth i Declarant reserves the : and additions to the above easements for
herein.
ting the Existing Properties fing and in effect on the date eference and made a part of this purposes, as if fully set forth i Declarant reserves the : and additions to the above easements for the purpose & #ificiently and economically installing the Improvemep Withstanding the foregoing, if the easement or easementé anged crosses or affects the Tract of any Owner of the Owner or Owners so affected will be gny such change to be made in any such easement, ot to be unreasonably withheld.
right to ma ARTICLE VI USES Section 1. Permitted Uses. All of the Land and all mprovements thereon are to be used for a variety of first-class commercial purposes which may include high-rise hotels, retail shops, department stores, low to high rise office buildings, theaters, restaurants, athletic clubs, banks, light distribution and warehousing facilities, museums, art galleries, music and concert halls, art educational facilities, libraries and day care centers.
Prohibited Uses. No use shall be permitted which is offensive by reason of odor, fumes, dust, smoke, noise or pollution, or which is hazardous by reason of danger of fire or explosion, or injurious to persons or property or to the reputation of the Land or any portion thereof, or in violation of the laws of the United States or the State of Texas or any subdivision thereof.
‘ ‘ 1305 LO2kh ARTICLE VII PROTECTIVE COVENANTS Section 1. Building Materials. All Buildings shall be composed of materials which are permitted by Applicable Laws.
Section 2. Encouraged Features. Features such as atriums, skylights, courtyards, garden areas, patios, screening, awnings, shading devices, balconies, decks and special pavings are li permitted by this Amended Declaration and are encouraged.
Section 3. Prohibited Features. Features whi
n areas, patios, screening, awnings, shading devices, balconies, decks and special pavings are li permitted by this Amended Declaration and are encouraged.
Section 3. Prohibited Features. Features whi prohibited by this Amended Declaration are listed as fo b. Exposed air-conditioning units on grade o roof top equipment unless appropriatg located in the rear of a Building; e. Chain link fencing unless app located in the rear of a Build ill be real; permitted. All Section 4. Landscaping. All la Plastic or artificial landscaping sy} sprinkler systems shall be underground good and working condition Section 5. Setbacks. ovements on a Tract shall either temporary or ed to any Building, that are comply with Applicable Laws.
ashing, moving or audible signs All not be permitted.
permanent, ee anata detac erected or placed upon a Building illumination and exterior 1 comply with Applicable Laws.
Service areas, which may include eed motor vehicles, materials, supplies, exposed mechanical and electrical equipment in accordance with Applicable Laws. Collection Parking and Parking Facilities. No parking allowed on any street or proposed street or publicly area in the Land. The number of on-site parking spaces ed for each Tract shall comply with Applicable Laws.
Section 10. Utilities, Meters and Hydrants. All utility nes shail be located underground. Each Tract shall have the inimum number of on-site fire hydrants that are required by Applicable Laws.
ll. Maintenance. The Owner of each Tract shall have the duty and responsibility, at their sole cost and expense, to (a) keep the premises, Buildings, Improvements, Parking Facilities and Landscape Areas of each Tract in a well-maintained safe, clean and attractive condition at all times; (b) comply in
d expense, to (a) keep the premises, Buildings, Improvements, Parking Facilities and Landscape Areas of each Tract in a well-maintained safe, clean and attractive condition at all times; (b) comply in all respects with all governmental health, fire and police regulations and the requirements of these Covenants; (c) remove at their expense any trash, refuse or waste of any character whatsoever which may accumulate on said Tract; and (d) clean and maintain any external lighting fixtures. The maintenance obligations contained in this Section 11 shall apply only to those Tracts which have been improved with at least one Building.
If prior to the incorporation of the Association, in the opinion 1024 of the Declarant, any such person faiis in the foregoing duties and responsibilities, then Declarant may give such person notice of his failure and such person must, within ten (10) days after receipt of written notice, perform the care and maintenance required or which is appropriate to restore the Tract to a safe, well-maintained, clean, attractive and lawful condition. Should any such person fail to fulfill this duty and responsibility after written notice, then Declarant may enter onto the Tract and remove any trash, refuse or waste which has accumulated in any parking area or which has accumulated in front of the Building Improvements on the Tract. The Owner of any Tract or portia the Land on which such work is performed by Declarant shal liable for the cost of such work and shall promptly rg Declarant for the cost thereof.
Section 12. Repairs. If Owner, during his lg construction, causes any destruction or damage utilities or to a previously installed sprinkls Owner, at his own cost and expense, will restos Such items so damaged or destroyed.
Section 13. Righ Q -Subdi v3
ction, causes any destruction or damage utilities or to a previously installed sprinkls Owner, at his own cost and expense, will restos Such items so damaged or destroyed.
Section 13. Righ Q -Subdi v3 considered as a single Tract for all 4 héfeunder unless and until the Owner shall subdivide s of the Tract to be recorded in the 2 property Records of Tarrant County, Texas which subdd &€ct into more than one lot. After recordation of < a portion of the Land in accordance with Applicable LY each lot shall constitute a Separate Tract for the purpose Amended Declaration.
9 Section 14. Agen Regulations. The owners, users, lessees, of each and every Tract or portions of the Land 1 all times comply with all Applicable Laws.
iss The regulation and control of streets and proposed streets on the trances and exits from each Tract to Proposed streets shall take into consideratfidy<3s ic study with respect to such Tract that may be re the City of Arlington and shall otherwise e Laws.
the direction Land and the and from Variances. Declarant may consent to variances the protective covenants set forth in this Declarant determines, in its sole discretion, that @ will not materially adversely effect the remaining any such consent to a variance shall be binding on all ARTICLE VIII DURATION This Amended Declaration and any and all amendments that may now or hereafter be made hereto are covenants running with the Land and shall be binding upon and inure to the benefit of each and every Owner, and its heirs, devisees, successors and assigns, for a period commencing on the date of filing hereof and continuing through and including December 31, 2010, and thereafter for successive periods of twenty (20) years each
of filing hereof and continuing through and including December 31, 2010, and thereafter for successive periods of twenty (20) years each Article IX below) within the Land shall by instrument in writing Signed by said Owners and recorded in the Real Estate Records of Tarrant County, Texas, prior to the date of termination, declare _this Amended Declaration terminated as of December 31, 2010, or = the end of any subsequent twenty (20) year period. This Amended Declaration (including the provisions of this Article VIII) may be altered or amended in the manner set forth hereinbelow. = ARTICLE IX AMENDMENT. PLATS Section 1. Amendments The Amended Declaration may be amended by the action of the ‘Owners of at least sixty-six percent (66%) of the total net acres within the Land whether such Sixty-six percent (66%) ownership consists of Declarant and Owners or Owners alone, provided, however, that if such sixty-g percent (66%) ownership consists of Owners alone, then, so the Land such Owners must obtain Declarant'’s written cor any amendment to the Amended Declaration. Any and all gm to the Amended Declaration adopted and imposed upo pursuant hereto shall be administered, interpreted by Declarant. Any and all such amendments shall becdoxy at the time when executed and acknowledged by persons or entities specified hereinabove and fils garding in the County Clerk’s office of Tarrant County .
"net acres" for purposes of this parag A held under private ownership excluding all 4 3 public use by plat or other instrumey Pp streets, alleys, rights-of-way, easemgnts i If Declarant determines in its sole and abs gigcretion that the facts and circumstances existj Declaration was filed in the =
by plat or other instrumey Pp streets, alleys, rights-of-way, easemgnts i If Declarant determines in its sole and abs gigcretion that the facts and circumstances existj Declaration was filed in the = County, Texas, have changed and t+ unforeseen circumstances have arisen such that the , and intent of Original Declarant can no longer realig ” achieved with respect to the Land, Declarant mag Si ny Tract from this Amended Declaration provided t such Tract joins in the release, and (ii) abandon pnded Declaration provided the Owners of at least si Bercent (66%) of the net acres in the Land join inthe ARTICLE X AND ENFORCEMENT dny of this Amended Declaration shall give Association after its incorporation) the right CS. thy Tract where such violation exists and summarily CO ab oye the same at the expense of the Owner, and such ame of this Amended Declaration shall be by proceedings in equity against any person or persons violating or Mig to violate any covenant either to restrain violation to recover damages.
ARTICLE XI GENERAL Severability. Invalidation or restraints on enforcement of any one or more of the provisions herein shall in no way affect any other provisions hereir, but all such other provisions shall continue and remain in full force and effect notwithstanding the invalidity or restraint on enforcement of any other provision hereof. It is specifically provided that a violation of this Amended Declaration shall not affect the lien of any mortgage or Deed of Trust now of record or hereafter placed of record which is acquired and held in good faith upon the Land or any part thereof, but such liens may be enforced as against any and all property covered hereby subject, however, to the provisions herein contained.
Ot a) Py
d and held in good faith upon the Land or any part thereof, but such liens may be enforced as against any and all property covered hereby subject, however, to the provisions herein contained.
Ot a) Py Section 2. Additional Restrictions. Each Owner of a Tract may impose additional restrictions on such Owner's Tract, without the consent of Declarant or any other Owner, and such other restrictions shall inure to the benefit of and bind such Tract but no other part of the Land.
EXECUTED as of the HAaay of March, 1991.
ST INTERSTATE BANK OF TEXAS, STATE OF TEXAS § - COUNTY OF DALLAS § rn) This instrument was acknowledged before day of _ March, 1991, by ki PVVMCHPEL ‘/ Lj Ce E81 pe wT of First Interstg national banking association, on behal HA : LAY Publiteie”“and for ate of Texas My Commission Expires: veal il — es a “he wc Thomas D. Powers, Chapter 7 Trustee for Kelton-Mathes Development Corporation, joins in and executes this Amended and Restated Declaration of Covenants, Conditions and Restrictions for the purpose of (i) consenting to this Amendea Declaration, (4i) acknowledging that this Amended Declaration is permitted by and coneistent wath the terms of the Original Dsclaratio (444) scknowledging thet First Interstate Bank of Texas, N.A.
the assignee of all of Declarant’s rights, powers, privilege anterests and duties under the Original Declarat ; A Thomas D. Powers, Kelton-Mathes Deve Corporation, a Tee Trugte THE STATE OF TEXAS § § COUNTY OF TARRANT § Yq ead before me on this theG _ MD. -Fowers, Trustee for ‘ on behalf of said This inscrument was eckro?
day of March, 1991, by Kelton-Mathes Development corporation.
> wee: " (Compigese Expixation Date) 310 | LO? bh IRDING, PLEASE RETURN TO:
said This inscrument was eckro?
day of March, 1991, by Kelton-Mathes Development corporation.
> wee: " (Compigese Expixation Date) 310 | LO? bh IRDING, PLEASE RETURN TO: Sutherland Rattikin Title Company 611 Throckmorton Fort Worth, TX 76102 hl EXECUTED as of the 24th day of April, 1991.
FIRST INTERSTATE BANK OF TEXAS, Ν.Α.
By: 4 THE STATE OF TEXAS S COUNTY OF HARRIS S President This instrument was acknowledged before me on this the day of April, 1991, by P. MICHAEL WELLS, JR., as Vice President of FIRST INTERSTATE BANK OF TEXAS, N.A., a national banking association on behalf of said association.
ROBIN MCCUNE Melung Notary Public in and for The State of TEXAS Unofficial Copy NOTARY PUB Notary Public, State of Teras TATE OF THEAS My Commission Expires MAY 22, 1994 Printed or Typed Name of Notary) (Commission Expiration Date) 0 3 2 0 76102 1 D191047438 RATTIKIN TITLE CO 611 THROCKMORTON ATT CATHY SUTHERLAND FT WORTH, TX 0 -WARNING-THIS IS PART OF THE OFFICIAL RECORD--DO NOT DESTROY FILED--TAR SUZANNE 4 コー 4 RECEIPT NO 191132021 0 Unofficial Copy BY: COUNTY TEXAS ERSON COUNTY CLERK RECEIPT RATTIKIN TITLE CO DR93 INSTRUMENT FEECD WD PRINTED DATE TIME 03/27/91 15:58 AMOUNT 23.00 FILED TIME 910327 15:58 CG OTAL: DOCUMENTS: 01 FEES: 23.00 کی 3 1 3 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNFORCEABLE UNDER FEDERAL LAW.
10209 1390 10244 1313 EXHIBIT "A" TRACT fT Being the remainder of Tract No. One as conveyed to Kelton-Dimension #1 by deed recorded in Volume 6006, Page 158 of the Deed Records of Tarrant County, Texas and being out of the J.W. LANE SURVEY, Abstract No 950, in the City of Arlington, Tarrant County, Texas
ension #1 by deed recorded in Volume 6006, Page 158 of the Deed Records of Tarrant County, Texas and being out of the J.W. LANE SURVEY, Abstract No 950, in the City of Arlington, Tarrant County, Texas and being more particularly described as follows: Beginning at a 5/8 inch iron rod in the north line o Old Pleasant Ridge Rd. and being N 0 deg. 36 min. W, feet and N 869 deg. 51 min. E, 1765 feet from southwest corner of said Lane Survey; THENCE NORTH, 1546.57 feet to a "x" cut in drive in the south line of Arbrook Blvd. ag Vol. 8244, Pg. 704-830 of the Deed Records County, Texas and being on a curve to chord bears S 77 deg. 10 min. 11 sec. E THENCE easterly with the curve feet and Arbrook Blvd. south angle of 7 deg. 58 min and the beginning of a bears $ 85 deg. 17 min.
THENCE with the said is 1805.00 feet for % inch rod and t 00 sec. to the ¢ and curve whose radius f 260.43 feet to a 5/8 angle of 8 deg. 16 min.
THENCE S 89 5/8 ee f 21 sec. E, 465.05 feet’ to a min. 21 sec. E, 14.14 feet to a 5/8 fst line of Scot's Legacy Dr.; adf 34 min. 39 sec. W, with Scot's Legacy, to a 5/8 inch rod at the beginning of a e right whose chord bears S 7 Geg. 11 min.
W, 307.50 feet; E with Scot's Legacy and the curve whose radius is (85 feet for a distance of 308.19 feet to 4a 5/8 inch rod and through a central angle of 13 deg. 13 min 42 sec. to the end of the curve; THENCE 13 deg. 48 min. 21 sec. W, 198.91 feet with Scot's Legacy to a 5/8 inch rod at the beginning of a curve to the left whose chord bears § 1 deg. 50 min. 48 sec. W, 312.14 feet; THENCE with Scot's Legacy Drive and said curve whose radius is 753.16 feet for a distance of 314.42 feet to a 5/8 inch rod and through a central angle of, 23 gas: 55 min. 08 sec. to the beginning of a curve (koes thord
Legacy Drive and said curve whose radius is 753.16 feet for a distance of 314.42 feet to a 5/8 inch rod and through a central angle of, 23 gas: 55 min. 08 sec. to the beginning of a curve (koes thord bears $ 13 deg. 36 min. 48 sec. B&, 61.05 feet; THENCE with Scot's Legacy and the curve whose radius is 500.00 feet for a distance of 61.09 feet to a §/8 inch rod and through a central angle of 7 deg. 00 min. 00 sec. to the end of the curve; THENCE §$ 17 deg. 06 min. 47 sec. E, 0.54 feet with Scot's Legacy to a 5/8 inch rod on a curve to the Wekx whose chord bears S 8 deg. 32 min. 53 sec. E, 358, 32 feet; Bf Ve; ith the south line of W. Arbrook Blvd.
right THENCE with Scot's Legecy and the curve whose radius is 1202.99 feet for a distance of 359.66 feet to a 5/8 inch rod and through a central angle of 17 deg. 07 min 48 sec. to the end of the curve; THENCE with Scot’s Legacy S 0 deg. 01 min. 00 sec. W, 176.47 feet to a 5/8 inch rod in the north line of Interstate Hwy. 20; THENCE S 77 deg. 27 min. 00 sec. W , 162,46 feet to a Highway Monument; THENCE S 83 deg. 37 min. 21 sec. W, 198.80 feet to Highway Monument; THENCE S 89 deg. 51 min. 05 sec. W, 485.17 feg Place of Beginning and containing 28.000 acreg save and except 0,0183 acre on Arbrook B deceleration lane, leaving a net of 27.98 land, more or less.
Being a tract out of the J.W.
950 and the A. STEPHENS SUR‘ the City of Arlington, Tarrant that portion of Old Plesgant Riw R as abandoned by Ordinance No. 86-277 particularly described as follows: Beginning at a 5/8 ipa rda's a called 130.14az 5 aq Wescribed in Volume 6918, Page 411 of the acs C5 Af of Tarrant County, Texas and being N O ded r W, 25 feet and N 89 dec. 51 min. E, 1765 Southwest corner of the Lane Sux, ; the southwest corner of min. 0S sec. E, 485.17 feet to a
411 of the acs C5 Af of Tarrant County, Texas and being N O ded r W, 25 feet and N 89 dec. 51 min. E, 1765 Southwest corner of the Lane Sux, ; the southwest corner of min. 0S sec. E, 485.17 feet to a 13 min. 38 sec. W, 170.03 feet to a 53 min. 38 sec. W, 324.00 feet to a 10 min. 03 sec. W, 56.87 feet to the Ce of Beginning and containing 0.529 acres of land, ore or less.
TRACT Tit Being a tract of iand out of the A. STEPHENS SURVEY, Abstract No. 1426 and being a tract described in Volume 4936, Page 163 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: Beginning at a 1/2 inch rod at the northwest corner of the referenced tract and being EAST, 1765.9 feet and South 27.3 feet from the northwest corner of the tephens Sur. ; THENCE N 89 deg. 53 min. 38 sec. E, 324.00 feet to a Highway Monument; THENCE S 77 deg. 27 min. 00 sec. W, 331.85 feet to a $/8 inch rod; THENCE N 0 deg. 03 min. 44 sec, W, 71.50 feet to the Place of Beginning and containing 0.266 acre of land of land and oxcent 0. ae acresélong Interstate Hwy. 20 for lerati ©, leaving a net of 0.1976 acre of TRACT Iv Lot Be Block 1, The Highlands Additi on, an additio the City of Belt ngton, Texas, as shown by Plat rec in totes 88-17 Page 15 of the Plat Recora Tarrant County, Texas TRACT V Lot 1A, Block 2, The Highlands Addition, an addition the City of Arlington, Texas, as shown by Plat recog in Volume 3868-201, Page 11 of the Plat Records Tarrant County, Texas.
TRACT VI Lot 61, Block 10, Rolling Meadows, Thi TY an addition to the City of Arlington Kan \s own by Plat recorded in Volume 4 2 lat Records of Tarrant County, Lot 62, Block 10, Rolling d Installment an addition to the City e by Plat recorded in Volum’ Records of Tarrant Count ‘ , as shown ° Page 25 of the Plat
ed in Volume 4 2 lat Records of Tarrant County, Lot 62, Block 10, Rolling d Installment an addition to the City e by Plat recorded in Volum’ Records of Tarrant Count ‘ , as shown ° Page 25 of the Plat Lot 1B-2, Block 2, to the City ° recorded in Vo of oo ands Addition, an addition Texas, as shown by Plat Pace 56 of the Plat Records 0 ニコ -D191069825 RATTIKIN TITLE CO 611 THROCKMORTON CATHY SUTHERLAND FT WORTH, TX 76102 -WARNING-THIS IS PART OF THE ICIAL RECORD--DO NOT FILED-TAR SUZANN OUNTY TEXAS COUNTY CLERK MRECEIPT CO DESTROY Unofficial Copy RECEIPT 1911618/ BY: PRINTED DATE TIME 05/03/91 07:44 FEECD WD AMOUNT 33.00 FILED 910503 TIME 07:44 CG TAL: DOCUMENTS: 01 FEES: 33.00 1 7 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNFORCEABLE UNDER FEDERAL LAW.
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