Francis Throop Survey, Abstract No. 1511 - Non-Exclusive Utility, Drainage, Wall Easement Agreement in Settlement for Condemnation, Amendment ORIGINAL DOCUMENT
CITY OF SOUT• • KE
Exhibit 1 Council Actio,0
Ord./Res.No.
AMENDMENT TO NON-EXCLUSIVE UTILITY,DRAINAGE �1 t) -�I
EASEMENT AGREEMENT IN SETTLEMENT OF CONDEMNATION
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
Gerald C. Graham and Barbara Jo Graham, whose mailing address is P.O. Box 1512, Grapevine,
TX 76099, hereinafter collectively called "Grantor," and The City of Southlake, Texas, a
municipal corporation, 1400 Main Street, Southlake Texas, 76092, hereinafter called "Grantee"
hereby amend the Non-Exclusive Utility, Drainage, and Wall Easement Agreement in Settlement
of Condemnation executed by the undersigned Grantors on November 28, 2012, and by the
undersigned Grantee on December 4, 2012, and recorded in the Real Property Records of Tarrant
County, Texas on December 6, 2012 as Document No. D212298501, granting an easement to the
City of Southlake on and under the real property shown on the Survey attached hereto as Exhibit
A and described in the Legal Description attached hereto as Exhibit B.
The last sentence of the third unnumbered paragraph of the Non-Exclusive Utility, Drainage, and
Wall Easement Agreement in Settlement of Condemnation states as follows:
"Grantor shall not use the Permanent Easement Property for landscaping, signage, or
lighting without Grantee's approval, which approval will not be unreasonably withheld,
provided, however, Grantee agrees to maintain the Permanent Easement Property in a
good condition with grass or other plantings consistent with landscaping requirements
under the City of Southlake ordinances and provided that Grantor shall have the right to
plant flower and shrubs (but no trees) on the Permanent Easement Property."
By this Amendment,that sentence is hereby replaced with the following sentence:
"Grantor shall not use the Permanent Easement Property for landscaping, signage, or
lighting without Grantee's approval, which approval will not be unreasonably withheld,
provided that Grantor shall have the right to plant grass, flower and shrubs (but no trees)
on the Permanent Easement Property without further approval by Grantee. Grantor shall
be responsible for mowing such grass and trimming such flowers or shrubs, if any,
Grantor elects to plant in the Permanent Easement Property. Upon completion of any
construction, maintenance, repair, removal, replacement, or other work in the Permanent
Easement Property after the date of this Amendment, Grantee shall promptly restore that
part of the surface of the Permanent Easement Property that is not used for allowable
above-ground Facilities to its pre-activity condition."
Grantor agrees that the Non-Exclusive Utility, Drainage, and Wall Easement Agreement in
Settlement of Condemnation, as amended by this Amendment, does not require that Grantee
mow the Permanent Easement Property, provided, however, if Grantee mows one or more other
easements along Kimball Road without charge to the property owner, then Grantee will treat
Grantor and their heirs, successors and assigns the same as other property owner(s) and shall in
that case also be required to mow the Permanent Easement Property in that instance.
55998.6
Easement Agreement in Settlement of Condemnation shall remain unchanged.
Executed this /42., day of August, 2016.
GERALD AND BARBARA GRAHAM
P.O Box 1512
Grapevine, Te... 7,099-1512
/
erald C. raham
if
Barbara Graham '
CITY OF SOUTHLAKE,TEXAS
By: ig<atiValall
Mayor/
000,,ttittti,,,,p
Attest: ,�` \NIVA ic
/La_ e
-p ,i,, .11,4
_ ,, „ ,
City Secretary -v • e
I,,,,„,,,tt,*tit.*,t,,``,'
REMAINDER OF PAGE INTENTIONALLY BLANK
55998.6
ACKNOWLEDGMENT—GERALD C. GRAHAM
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Gerald C. raham, known to me (or proved to me on the oath of or
through` <� ' , j le_. [description of identity card or other document]) to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
•d seal of office,this the l/( day of August, 2016.
�IVITq, Elsie Rice /eLp
:'ti*aY P.' ,' C
_�. Lo=Notary Public.State of Texasr: Comm.Expires 10-16-2016 NotaryPublic in and for the State of Texas
'•''Fi`i.;* �� Notary ID 125011609
,
My Commission Expires:
fires:
6/e kic
Typed or Printed Name of Notary
/0 `16" /l'
ACKNOWLEDGMENT—BARBARA GRAHAM
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Barbara Graham, known to me (or proved to me on the oath of or
through la1Uteif Pc, , [description of identity card or other document]) to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office, this the l day f August, 2016.
ps
ss%p P::•, Elsie Rice
'., ' �<,, Notary Public.State of Texas
.•f Comm.Expires 10-16-2016 Notary Public in and for the State of Texas
''%N°;; ' Notary ID 125011609
y ommisslon xplres: 674 5/e ec.se
Typed or Printed Name of Notary
Executed this / day of August, 2016.
55998.6
ACKNOWLEDGMENT—CITY OF SOUTHLAKE,TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the under ign d authority in and for the State of Texas, on this day personally
appeared (� Q i (� , known to me (or proved to me on the oath of
or through [description of identity card or other
document]) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she/he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office,this the 101.-
day of August, 2016.
,�Fr��'',., Lori Payne
gN.. ''-��Notary Public,State of texas Notary Public in a for the State of Texas
r+te. Comm Expires 10-27-2017
NS
,u,,;;,,, Notary ID 11019863 n� ��
My Com tom" PaAl
Typed or Printed N me of Notary
(o—
55998;
AMENDMENT TO NON-EXCLUSIVE UTILITY,DRAINAGE,AND WALL
EASEMENT AGREEMENT IN SETTLEMENT OF CONDEMNATION
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
Gerald C. Graham and Barbara Jo Graham, whose mailing address is P.O. Box 1512, Grapevine,
TX 76099, hereinafter collectively called "Grantor," and The City of Southlake, Texas, a
municipal corporation, 1400 Main Street, Southlake Texas, 76092, hereinafter called "Grantee"
hereby amend the Non-Exclusive Utility, Drainage, and Wall Easement Agreement in Settlement
of Condemnation executed by the undersigned Grantors on November 28, 2012, and by the
undersigned Grantee on December 4,2012, and recorded in the Real Property Records of Tarrant
County, Texas on December 6, 2012 as Document No. D212298501, granting an easement to the
City of Southlake on and under the real property shown on the Survey attached hereto as Exhibit
A and described in the Legal Description attached hereto as Exhibit B.
The last sentence of the third unnumbered paragraph of the Non-Exclusive Utility, Drainage, and
Wall Easement Agreement in Settlement of Condemnation states as follows:
"Grantor shall not use the Permanent Easement Property for landscaping, signage, or
lighting without Grantee's approval, which approval will not be unreasonably withheld,
provided, however, Grantee agrees to maintain the Permanent Easement Property in a
good condition with grass or other plantings consistent with landscaping requirements
under the City of Southlake ordinances and provided that Grantor shall have the right to
plant flower and shrubs(but no trees) on the Permanent Easement Property."
By this Amendment,that sentence is hereby replaced with the following sentence:
"Grantor shall not use the Permanent Easement Property for landscaping, signage, or
lighting without Grantee's approval, which approval will not be unreasonably withheld,
provided that Grantor shall have the right to plant grass, flower and shrubs (but no trees)
on the Permanent Easement Property without further approval by Grantee. Grantor shall
be responsible for mowing such grass and trimming such flowers or shrubs, if any,
Grantor elects to plant in the Permanent Easement Property. Upon completion of any
construction, maintenance, repair, removal, replacement, or other work in the Permanent
Easement Property after the date of this Amendment, Grantee shall promptly restore that
part of the surface of the Permanent Easement Property that is not used for allowable
above-ground Facilities to its pre-activity condition."
Grantor agrees that the Non-Exclusive Utility, Drainage, and Wall Easement Agreement in
Settlement of Condemnation, as amended by this Amendment, does not require that Grantee
mow the Permanent Easement Property, provided, however, if Grantee mows one or more other
easements along Kimball Road without charge to the property owner, then Grantee will treat
Grantor and their heirs, successors and assigns the same as other property owner(s) and shall in
that case also be required to mow the Permanent Easement Property in that instance.
In every respect except that stated herein, the Non-Exclusive Utility, Drainage, And Wall
559980
Easement Agreement in Settlement of Condemnation shall remain unchanged.
Executed this /a— day of August,2016.
GERALD AND BARBARA GRAHAM
P.O Box 1512
Grapevine,Texas 76099-1512
0&ei1/41Z —
Gerald C. Graham �
ffiffar,.
:. •ara Grah.
CITY OF SOUTHLAKE,TEXAS
By:
Mayor
ootttUtrrror**`
Attest: .4` pvT QLIk ,,,,
p :f81w
City Secretary v'•
REMAINDE> bF PAGE INTENTIONALLY BLANK
55998.6 tti
ACKNOWLEDGMENT—GERALD C. GRAHAM
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me,the undersigned authority in and for the State of Texas, on this day personally
appearedaMGra , known to me (or proved to me on the oath of or
through [description of identity card or other document]) to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
seal of office,this the /9 day of August,2016.
,"... ,,,, Elsie Ri e /iE /CL_t2"'
a+ BG'=Notar Public,State of Texas
.14):*1P �/
° 10-16-2016
241_0•A_%. :ye" Comm.Expires 10
• ?.• si t+�'� Notary ID 125011609 Notary Public in and for the State of Texas
My Commission Expires: A 5le Xice
//� `` Typed or Printed Name of Notary
ld
ACKNOWLEDGMENT—BARBARA GRAHAM
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me,the undersigned authority in and for the State of Texas, on this day personally
appeared Barbara Graham known to me (or proved to me on the oath of or
through pJLt,� r [description of identity card or other document]) to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office,this the l a day of A ust, 2016.
_ C
„"Of,• Elsie Rice
?i.*a• Y Pu�oo:Notary Public.State of Texas
• Comm.Expires 10-16-2016 Notary Public in and for the State of Texas
"'•nF�F• `�.° Notat ID 125011609
-, �_..!Ti v E-4,5/c
Typed or Printed Name of Notary
/ O / /6
Executed this 1U' day of August,2016.
55998.6 pc
ACKNOWLEDGMENT—CITY OF SOUTHLAKE,TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared [qtt-ex, ("( (. ( , known to me (or proved to me on the oath of
or through [description of identity card or other
document]) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she/he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office,this the 1� day of August, 2016.
ec;'!:`•PVe• ,, tori Payne
i ms's Notary Public,State of Texas d
'.{
�,:Comm. Expires 10-27-2017
%�„,,,,,,'� Notary ID 11019863 Votary Public in an,:Ifor the State of Texas
My Commission Expires: L4r1 P J�
Typed or Printed 1 ame of Notary
1.0 '?7- a-O l'7
55998.6 61
BURTON H, PATTERSON AND,
VIRGINA L. PATTERSON — —
CC No. 204243712, D.R.T.C.T.
Z
yon i PANHANDLE DRIVE
8e �
y R' `nI i----
— — — —
S 89°45'37"E
10.00' IRS
- - – _ — \14/7
1 15' _ --0 10',PERMANENT UTILITY,
I -----— DRAINAGE AND WALL EASEMENT
I 0.048 ACRE / 2.090 SQ.FT.
o o M
^II N a j
GERALD C. GRAHAM AND WIFE, > - - _
BARBARA GRAHAM 21 W 1
VOL. 10817, PG. 2378 = J
D.R.T.C.T. eI .r.; M
,I
gI oh . ( m
ZIa 0 I2 IN
TEMPORARY CONSTRUCTION MENEM' 0
0.127 ACRE/5,520 SOFT.\\
01,4 10 o 1 2
62e0, 4 Z 1 =
' 'I°g •N.
N 00°49'31"W •
O I
30.00' —41Z
I
PROPOSE NEW
N
�0RIGHT—OF 5, 15' NI
o
N 89`45'3 "W°w•-•`--. 1 "PK" NAIL FOUND
SOUTHEAST CORNER OF
- — - 4, N 89°45'37"W 49.92 GRAHAM TRACT
`h 10.00'
X4.1- POINT OF BEGINNING I
g 1/2" IRON ROD SET
RICHARD HOLLIDAY AND WIFE, j
MARY ANN HOLLIDAY
€ VOL. 14325, PG. 524 _
D.R.T.C.T.
•
TUMBLEWEED TRAIL
PROPERTY CORNER NOTE
SCALE 1"= 50' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2"IRS)WITH CAP MARKED "BRITTAN &CRAWFORD"
Y t
CITY OF SOUTHLAKE
1 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT ' A 401``-
I $Rrrrm &CRAWFORD 10' PERMANENT UTILITY, ,475,0-,,k
LAR0 SURVEYING$YING& DRAINAGE AND WALL EASEMENT ''JAYE .-GRTTAM:
TOPOGRAPHIC MAPPING If74 .
�ceivo.aa�eii-.c1lw c.IT1«0* 0.048 ACRE OF LAND
MX No.017)920-9347 LOCATED IN THE
''° 1E7.aI1RIIIXAI � T FRANCIS THROOP SURVEY JULY 14, 2010
EXHIBIT ABSTRACT No. 1511 REVISED: MAY 2, 2012
A \K,I, �_1�UTHLAKE. TARRANT COUNTY.COUNTY, TEXAS REVISFD:OCTOBER 16,2012
1
4
EXHIBIT ,
LEGAL DESCRIPTION
PERMANENT UTILITY,DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE,STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 17
BEING 0.048 acre of land located in the Francis Throop Survey, Abstract No,
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Gerald C. Graham and wife, Barbara Graham by the deed recorded
in Volume 10817, Page 2378, of the Deed Records of Tarrant County, Texas,
Said 0,048 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a 1/2' iron rod marked "Brittain & Crawford", set in the South
boundary line of said Graham Tract, lying N 89° 45' 37" W 49.92 feet, from a
"PK" nail found marking the Southeast corner of said Graham Tract, and said
POINT OF BEGINNING also lying in the new West right-of-way line of North
Kimball Avenue;
THENCE N 89°45' 37"W 10.00 feet, along the South boundary line of
aforesaid Graham Tract,to a point;
THENCE N 00°49'31"W 209.01 feet, to a point in the North boundary
line of said Graham Tract;
THENCE S 89°45'37"E 10.00 feet, along the North boundary line of
said Graham Tract,to a W iron rod marked"Brittain&Crawford",set;
THENCE S 00°49'31"E 209 01 feet, along the new West right-of-way
line of said North Kimball Avenue, to the POINT OF BEGINNING
containing 0.048 acre(2,090 square feet)of land.
EXHIBIT G:doc\klmball-Iegal$NES-17
g