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Res 19-16 Accepting the Donation of Approximately 22.81 acers of Park Land Cross Timbers Ridge Conservation Area TOWN OF WESTLAKE, TEXAS RESOLUTION NO. 19-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS ACCEPTING THE DONATION OF APPROXIMATELY 22.881 ACRES AS A CONSERVATION AREA TO BE DESIGNATED AS MUNICIPAL PARK LAND; NAMING THE PARK LAND "CROSS TIMBERS RIDGE CONSERVATION AREA"; AUTHORIZING THE TOWN MANAGER TO EXECUTE ANY AND ALL DOCUMENTS; AND DECLARING AN EFFECTIVE DATE. RECITALS WHEREAS,the property described in Exhibit"A", hereafter referred to as "The Property" is hereby conveyed to the Town of Westlake, Texas, a municipal government, for the purpose of conserving the land in its natural state; and WHEREAS, Ordinance 846, approved by the Town Council of Westlake, Texas on February 26, 2018 requires the dedication of The Property to the Town of Westlake to preserve natural open space for use as a conversation area; and WHEREAS, The Property is in a substantially undisturbed natural and open space condition and exhibits natural, scenic, and open space features of great importance to the residents of the Town of Westlake and the people of the region; and WHEREAS, The Property is largely forested with native vegetation that is characteristic of the native cross-timbers forests that once dominated large portions of the region prior to farming and subsequent urban and suburban development; and WHEREAS, as a relatively unblemished remnant of the ancient cross-timbers forests that once flourished in the region, The Property is further unique in that it is largely an upland forest located atop a knoll; and WHEREAS,the protection of that natural, scenic, open-space, and ecology of The Property will help to sustain the natural aesthetic and ecological integrity of the region and the plant and wildlife dependent on it. NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: 1. The above findings are deemed to be true and correct; and Resolution 19-16 Page 1 of 2 2. The Town Council hereby accepts the dedication of the Property as a conservation area and as municipal park land subject to the conditions and restrictions in the attached Exhibit "B"; and 3. Naming the park land "Cross Timbers Ridge Conservation Area"; and 4. The Town Manager is hereby authorized to execute any and all documents required to transfer the Property to the Town of Westlake, Texas. PASSED AND APPROVED ON THIS 25TH DAY OF MARCH 2O19. OF ATTEST: ti� ' �!{� Naze * : m Laura L. Wheat, Mayor 11U APPRO A O ORM: Kellp EdvQds, Town Se L anton wn Attorney Resolution 19-16 Page 2 of 2 Upon Recording, please return to: Town of Westlake Attn: Town Manager 1500 Solana Blvd. Building 7, Suite 7200 Westlake, Texas 76262 SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT § THAT WILBOW-SOLANA LLC,a Texas limited liability company("Grantor"),for Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid and caused to be paid to Grantor by the TOWN OF WESTLAKE, TEXAS, a municipal government, ("Grantee"), whose mailing address is1500 Solana Blvd., Building 7, Suite 7200, Westlake,Texas 76262,the receipt and sufficiency of which consideration are hereby acknowledged and confessed by Grantor, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY, unto Grantee, certain real property described on Exhibit A attached hereto and made a part hereof for all purposes, together with any and all appurtenances, rights and privileges directly benefiting, directly belonging or directly pertaining to such real property, (collectively,the "Property"). This Special Warranty Deed (this "Deed") is expressly made subject to the conditions, restrictions,reservations and easements of record affecting all or any part of the Property and the conservation area easement restrictions, terms and conditions described on Exhibit B attached hereto (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto Grantee, Grantee's heirs, successors, and assigns, forever; and Grantor does hereby bind Grantor, Grantor's heirs, successors, and legal representatives, except for the Permitted Exceptions, to WARRANT and FOREVER DEFEND all and singular the Property unto Grantee, Grantee's heirs,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. GRANTEE, BY ACCEPTANCE OF THIS DEED, ACKNOWLEDGES THAT IT HAS INSPECTED AND ASSESSED THE PROPERTY AND HAS SATISFIED ITSELF AS TO THE CONDITION OF SAME AND THAT IT ACCEPTS THE PROPERTY "AS IS" AND "WHERE IS" AND WITH ALL FAULTS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, BY OPERATION OF LAW OR Resolution 19-16 Page 1 of 6 OTHERWISE, INCLUDING, WITHOUT LIMITATION, WITHOUT IMPLIED WARRANTY AS TO HABITABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR ANY PURPOSE. Grantor hereby retains and reserves,for Grantor and its successors and assigns forever, any oil, gas or other minerals in, on or under the Property ("Minerals") (but not any water rights); provided, however, Grantor waives and releases, on behalf of Grantor and Grantor's successors and assigns, all rights of ingress and egress and all other rights of every kind and character whatsoever to enter upon or to use the surface of the Property or any part thereof for any reason, including, without limitation, the right to enter upon the surface of the Property for purposes of exploring for, seismic testing, developing, drilling, and/or producing the Minerals in and under, and that may be produced from, the Property, or any other purpose incident thereto (with the foregoing being Grantor's "Surface Waiver" for the Property); provided further, however, nothing herein shall prevent Grantor or its successors and assigns from exploring for,developing, and/or producing the Minerals in and under the Property by pooling or by directional drilling, which enters or bottoms at least 500 feet under the surface of the Property,from well sites located on other property so long as such production activities for the Minerals do not impair the lateral or subjacent support of the surface of the Property or otherwise interfere with or impair Grantee's use, enjoyment, and ability to develop the Property. Any party under a future deed conveying Minerals and/or any future lease of the Minerals (a"Future Party") shall be bound by (and the instrument conveying such rights shall be deemed to contain)the following: (i)such Future Party shall be bound by the foregoing Surface Waiver and limitations on the Minerals and (ii) the Grantee hereunder or any subsequent owner of the surface of the Property shall have the right to pursue directly against the Future Party any and all claims for damage or injury to the surface of the Property. Grantor warrants payment of all ad valorem taxes on the Property through calendar year 2019. Such taxes for the current year have been prorated as of the date of delivery hereof and Grantee assumes and agrees to pay such ad valorem taxes in full, prior to the time the same become delinquent. [remainder of page intentionally left blank; signature page follows] Resolution 19-16 Page 2 of 6 EXECUTED on the date of the acknowledgment set forth below, to be effective for all purposes as of March Z Le, 2019. WILBOW-SOLANA LLC, a Texas limited liability compan By: LPL. Name: Lawrence Corson Title: Co-President THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of March 2019, by Lawrence Corson, Co-President of WILBOW-SOLANA LLC, a Texas limited liability company, on behalf of said limited liability company. Notar, ublic in a for the State of exas °'Pg NOTARy Jennifer PU13LIC M 13084306-0 Printed or Typed Name of Notary OF5fia� rutdte Of Texas Comm.Exp.09-29-2020 My Com?i ionExpires: Resolution 19-16 Page 3 of 6 EXHIBIT A Property (to be attached) Resolution 19-16 Page 4 of 6 BEING a tract of land situated in the C.M. Throop Survey, Abstract No.1510, Town of Westlake, Tarrant County, Texas and being a portion of a called 62.531-acre tract of land described in Special Warranty Deed to Wilbow-Solana, LLC, recorded in Instrument No. D218098018, Official Public Records, Tarrant County, Texas, as shown as the Vacated Portion on the Final Plat Showing a Vacating Plat Removing 62.531 Acre Portion of Lot 1, Block 3, Westlake/Southlake Park Addition No. 1 and Replatting the Remaining 12.679 Acres as Lot 1 R, Block 3, Westlake/Southlake Park Addition No. 1, recorded in Instrument No. D218095233, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod found for the southwest corner of said 62.531-acre tract, common to the easternmost southeast corner of Granada, Phase 1, an Addition to the Town of Westlake according to the Final Plat thereof, recorded in Instrument No. D215003584, said Plat Records, same being on the northerly line of Glenwyck Farms, an Addition to the Town of Westlake according to the Amended Plat thereof, recorded in Cabinet A, Slide 5814, said Plat Records; THENCE North 0°33'05"West, along the west line of said 62.531-acre tract and the east line of said Granada, Phase 1, a distance of 1328.88 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 13°58'33", a radius of 953.00 feet, a chord bearing and distance of South 40051'27" East, 231.89 feet; THENCE departing the west line of said 62.531-acre tract and the east line of said Granada, Phase 1, and crossing said 62.531-acre tract the following courses and distances: In a southeasterly direction, with said curve to the left, an arc distance of 232.46 feet to a point for the end of said curve to the left; South 0033'05" East, a distance of 781.17 feet to a point for corner; North 89026'55" East, a distance of 108.91 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 148033'25", a radius of 67.00 feet, a chord bearing and distance of South 58°26'55" East, 128.99 feet; In a southeasterly direction, with said curve to the left, an arc distance of 173.72 feet to a point at the beginning of a non-tangent compound curve to the left having a central angle of 40°43'30", a radius of 260.00 feet, a chord bearing and distance of North 57015'53" East, 180.94 feet; In a northeasterly direction, with said curve to the left, an arc distance of 184.80 feet to a point for the end of said curve to the left; South 53005'52" East, a distance of 37.98 feet to a point for corner; North 89027'49" East, a distance of 76.77 feet to a point for corner; North 0'32'11"West, a distance of 25.00 feet to a point for corner; North 89027'49" East, a distance of 210.00 feet to a point for corner; North 0'32'11"West, a distance of 85.00 feet to a point for corner; North 89027'49" East, a distance of 83.97 feet to a point at the beginning of a tangent curve to the right having a central angle of 33052'04", a radius of 210.00 feet, a chord bearing and distance of South 73036'09" East, 122.33 feet; In a southeasterly direction, with said curve to the right, an arc distance of 124.13 feet to a point at the beginning of a reverse curve to the left having a central angle of 16033'03", a radius of 290.00 feet, a chord bearing and distance of South 64056'38" East, 83.48 feet; In a southeasterly direction, with said curve to the left, an arc distance of 83.77 feet to a point at the beginning of a non-tangent compound curve to the left having a central angle of 84°53'04", a radius of 67.00 feet, a chord bearing and distance of South 87037'34" East, 90.43 feet; In a southeasterly direction, with said curve to the left, an arc distance of 99.26 feet to a point for the end of said curve to the left; South 40°04'06" East, a distance of 9.10 feet to a point for corner; South 20050'23" East, a distance of 52.77 feet to a point for corner; North 69°09'37" East, a distance of 144.80 feet to a point for corner; North 13040'57" East, a distance of 37.04 feet to a point for corner; South 78°30'39" East, a distance of 88.08 feet to a point for corner; South 85037'09" East, a distance of 188.57 feet to a point for corner; North 89001'11" East, a distance of 195.00 feet to a point for corner; South 0°58'49" East, a distance of 300.00 feet to a point for corner; North 89001'11" East, a distance of 107.69 feet to a point for corner; South 0058'49" East a distance of 2.92 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 159055'46", a radius of 67.00 feet, a chord bearing and distance of South 4009'29" East, 131.95 feet; In a southeasterly direction, with said curve to the left, an arc distance of 187.02 feet to a point for the end of said curve to the left; South 0058'49" East, a distance of 169.53 feet to a point for corner; South 77'35'15" East, a distance of 190.17 feet to a point for corner; South 0°58'49" East, a distance of 218.79 feet to a point for corner on the southerly line of said 62.531-acre tract, same being on the north line of Lot 2, Block 1, Dove Addition, an Addition to the Town of Westlake according to the Final Plat thereof, recorded in Cabinet A, Slide 6965, said Plat Records; THENCE South 89001'11"West, along the southerly line of said 62.531-acre tract and the north line of said Lot 2 and along the easterly line of said Glenwyck Farms, a distance of 381.49 feet to a metal fence corner post found for corner; THENCE North 0020'11" East, continuing along the southerly line of said 62.531-acre tract and the easterly line of said Glenwyck Farms, a distance of 460.52 feet to a 5/8-inch iron rod with plastic cap stamped "PBS&J" found for the northernmost northeast corner of said Glenwyck Farms; THENCE South 89029'54" West, continuing along the southerly line of said 62.531-acre tract and the north line of said Glynwyck Farms, a distance of 1774.99 feet to the POINT OF BEGINNING and containing 22.892 acres (997,192 sq. ft.) of land, more or less. LEGEND — — I Z F SO�-J °58'49"E Q ci E� P.O.B.=POINT OF BEGINNING 218.79 v � S77°35'15"E a°' IRFC=IRON ROD W/CAP FOUND `SR IRFC Lu IPF=IRON PIPE FOUND HUI TzoLURs SO°58'49"E 190.17' 00CY) oo ILLP.R.D.C.T.=PLAT RECORDS, 2.92' e TARRANT COUNTY,TEXAS J N89°01'11"E O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS, I 107.69' C7 SO°58'49"E o a m 169.53' TARRANT COUNTY,TEXAS N z NOTES I N89°01'11"E SO°58'49"E NO°20'11"E 460.52' 1'IRF 195.00' 300.00' 5/PB�RRFC W IRF' SIB'IRF METAL Bearing system based on the I FENCE SYB'IRFC CORNER Texas Coordinate System of 1983, PBS,, 14 15 POST FND. North Central Zone(4202),North American Datum of 1983. S85°37'09'E See SHEET 2 for Curve Table. O o I 188.57' PORTION OF 13 x Q T ti• CALLED 62.531 ACRES F— I S78°30'39"E WILBOW-SOLANA LLC w W a INST.NO.D218098018 0 JJ 88.08' r� O.P.R.T.C_T. S1B•IRFC Co Q.a° N13°40'57"E PBSfl 12 2�0 37.04' N69°09'37"E o 150 300 S 3 F 144.80' O J�I HUITTZOLLARS' S40°04'06"C 51B'IRFC co'�� 9.10, S20°50'23"E •PBS&X I GRAPHIC SCALE IN FEET C6 52.77' 11 rn I Lu C5 v 10 RFC ti `510'IRFC 'HUITTZOLLARS' U� 22.892 ACRES PB58J p� 10 p 997,192 SQ. FT. w N89°27'49"E oT m 83.97' � WB'IRFC Z CO 'PBSflJ' t1.1 12•IRFC 9 Y HUITT ZOLLARS' NO°32'11"W N89°27'49"E 0 WITT ZOLLARS' 85.00' 210.00' m NO°32'11"W 5/8'1 FC PBSBJ• 25.00' 8 BLOCK B GLEN WYCK FARMS N89°27'49"E 518'IRFC CABINET A,SLIDE5814 PBSBJ' P.R.T.C.T. / 76.77' S53°05'52"E 37.98' 6 n 5/B•IRF V 5IB'IRFC 'PBSflJ' IRFC /'Zr�ZOLLARS-/ SO°33'05"E 781.17' N89°26'55"E 4 s 108.91, ll2'IRFC 3 'HUITT !•^ 20L AR5' G ��-fi0E NAIL FN. 12'IRFC'G8A r, 1I2'IRFC'Gfl P.O.B. 12'IRF CONSULTANTS' NO°33'05"W 1328.88' CONSULTANTS' 518•IRF BSx 2'IRFC'GBA 85X 2 1 N0°33'05"W CONSULTANTS' _ 51B'IRFC 146.26' N s\u�7 81 - 79 78 'PBS6J' 82 I LO K AGRA DA,PHASE 1 77'Gda 3 COcANT .NO.D215003584,O.P.R.T.C.T. 22.892 ACRES C.M. THROOP SURVEY, A-1510 TOWN OF WESTLAKE TARRANT COUNTY, TEXAS KirnkeloO Horn 5750 Genesis Court, Suite 200 Tel.No.(972)335-3580 Frisco,Texas 75034 FIRM 11 10193822 Fax No.(972)335-3779 Scale I Drawn by I Checked by I Date Protect No. I Sheet No. 1"=300' JMH KHA 01/10/2019 1 067125008 1 OF 2 HOEFNER,JOHN 1/10/2019 4:44 PM K:\FRI_SURVEY\067125008-WILBOW WESTLAKE\DWG\067125008 CONSERVATION ESMT TRACT.DWG CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 13°58'33" 953.00' 232.46' S40°51'27"E 231.89' C2 148`33'25" 67.00' 173.72' S58°26'55"E 128.99' C3 40°43'30" 260.00' 184.80' N57°15'53"E 180.94' C4 33-52-04" 210.00' 124.13' N73°36'09"W 122.33' C5 16°33'03" 290.00' 83.77' S64°56'38"E 83.48' C6 84°53'04" 67.00' 99.26' S87°37'34"E 90.43' C7 159°55'46" 67.00' 187.02' SO4°09'29"E 131.95' 22.892 ACRES C.M. THROOP SURVEY, A-1510 TOWN OF WESTLAKE TARRANT COUNTY, TEXAS Kimley))) Horn 5750 Genesis Court, Suite 200 Tel.No.(972)335-3580 Frisco,Texas 75034 FIRM 4 10193B22 Fax No.(972)335-3779 Scale I Drawn bV I Checked by Dale Proiect No. Sheet No. JMH KHA 01/10/2019 067125008 2 OF 2 HOEFNER,JOHN 1/10120194:44 PM K:\FRI—SURVEY\067125008-WILBOW WESTLAKE\DWG\067125008 CONSERVATION ESMTTRACT.DWG EXHIBIT B Conservation Area Conditions RECITALS A. WHEREAS, the property described in Exhibit"A", hereafter referred to as"The Property" is hereby conveyed to the Town of Westlake,Texas, a municipal government, for the purpose of conserving the land in its natural state; B. WHEREAS, Ordinance 846, approved by the Town Council of Westlake, Texas on February 26,2018 requires the dedication of The Property to the Town of Westlake,to preserve natural open space, for use as a conservation area. C. WHEREAS, The Property is in a substantially undisturbed natural and open space condition and exhibits natural, scenic, and open space features of great importance to the residents of Westlake and the people of the region; D. WHEREAS, The Property is largely forested with native vegetation that is characteristic of the native cross-timbers forests that once dominated large portions of the region prior to farming and subsequent urban and suburban development; E. WHEREAS, as a relatively unblemished remnant of the ancient cross-timbers forests that once flourished in the region, The Property is further unique in that it is largely an upland forest located atop a knoll; F. WHEREAS, the protection of the natural, scenic, open-space, and ecology of The Property will help to sustain natural aesthetic and ecological integrity of the region and the plant and wildlife dependent on it. NOW, THEREFORE, in consideration of the premises recited above,the Grantor of The Property hereby conveys The Property to the Grantee to be utilized and designated into perpetuity as such, subject to the terms and conditions provided below: 1. The Property shall be maintained forever in its predominately natural, scenic, and open-space condition. 2. Restrictions. Performance of the following uses and activities are hereby restricted and prohibited on The Property: a. Altering the surface or general topography of The Property, including but not limited to any alterations to habitat, excavating, mining, drilling, natural resource extraction, removal of topsoil, building roads or trails, paving or otherwise covering The Property with concrete, asphalt or any other impervious material; and b. Construction or placing of any building or structure on The Property; and C. Removing, destroying, or cutting of trees, shrubs or other vegetation on The Property, except as required for(i)fire breaks, (ii)prevention or treatment of disease, (iii)removal of fallen trees, limbs, or other hazards, or(iv)construction and maintenance of adjacent public utilities, infrastructure and retaining walls supporting said infrastructure; and Resolution 19-16 Page 5 of 6 d. Impounding on The Property any natural water course or body of water or making alterations on The Property to any natural water course or body of water located on The Property; and e. Dumping or storage of materials,vegetation and/or waste of any kind and burial of any deceased animal or human being; and f. Operation of any motorized and human powered transportation device including bicycles, scooters, skateboards, etc. This restriction shall not apply to a device utilized by a disabled person for primary mobility purposes; and g. Burning of any fires including but not limited to campfires, grilling,torches, candles, matches, burning of trash, etc.; and h. Consumption of drugs, alcohol and/or any other controlled substance on The Property; and i. Any activity deemed illegal criminal activity under the laws of the State of Texas and/or the United States; and j. Any acts detrimental to the natural and ecological integrity of The Property including the operation of an internal combustion engine, hunting or other wildlife disturbance, camping, any activity that involves accessing the property during nighttime hours. 3. Rights of The Property Owner. The Property owner, The Town of Westlake, shall have the following rights with regard to The Property: a. The right to restore damage caused by natural disasters such as flooding, tornados,and fire, and to restore soil levels and contours resulting from such disasters; b. The right to engage in the selective cutting and trimming of trees, clearing of vegetation, and mowing for the purpose of habitat enhancement and protection, fire protection, or otherwise to preserve and maintain the present condition of The Property; and C. The right to prevent any activity on or use of The Property that is inconsistent with the purpose and reservations herein and to require the restoration of such areas or features of The Property that may be damaged by any entity or individual; and d. The right to manage and restrict access to the public such that the natural and ecological integrity of The Property is maintained; and e. The right to access The Property at all times. 4. Rights of The Public. The general public shall have the following rights with regard to The Property: a. Access to The Property through designated access points upon receiving express permission from the Town of Westlake. 5. Term. The foregoing conditions and restrictions shall run with the land in perpetuity and be binding on all future owners, heirs, successors, administrators, assigns, lessees, or other occupiers and users of The Property. Resolution 19-16 Page 6 of 6