Borbutt Addition (Lot 1, Block 1), 2008 - Declaration of Easements~~.
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STATE OF TEXAS
COUNTY OF TARRANT
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This Declaration of Easements and Restrictive Covenants (this "Declaration") is made as
of the 19th day of September, 2007, by and between CARROLL/1709, LTD., a Texas limited
partnership ("Declarant"), and HEB GROCERY COMPANY, LP ("HEB").
1. RECITALS
1.1 Shopping Center. Declarant is the owner in fee simple of certain real property
located in the City of Southlake, County of Tarrant, State of Texas, which is more particularly
described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Shopping
Center"). A concept plan (the "Concept Plan") reflecting Declarant's proposed development of
the Shopping Center is attached hereto as Exhibit "B" and incorporated herein for all purposes.
1.2 Purpose. Declarant desires to establish, for its own benefit and the benefit of
HEB so long as HEB is Party, and for the benefit of future owners of the Shopping Center (with
all such parties together with Declarant sometimes singularly referred to as "P~" and
collectively as "Parties"), and their respective successors, assigns, tenants, employees and
invitees, mutual, reciprocal, non-exclusive easements over and across the Shopping Center in
accordance with the terms, provisions and conditions of this Declaration. In addition, Declarant
desires to establish for the benefit of Declarant and HEB, and their respective successors and
assigns, certain restrictions encumbering the Shopping Center as provided hereinbelow. In the
event that the Park (as defined in Section 4.1 below) is dedicated to the City of Southlake (the
"City"), the City shall be deemed to be a Party hereunder.
1.3 HEB. HEB is currently a tenant of the Shopping Center pursuant to that certain
Lease Agreement (the "HEB Lease"), dated December 7, 2005, executed by and between
Declarant and HEB pursuant to which HEB has leased from Declarant the "HEB Building Area"
depicted on the Concept Plan (sometimes referred to herein as the "HEB Leased Premises"). So
long as the HEB Lease continues in full force and effect, HEB shall be deemed to be a Party
hereunder.
NOW, THEREFORE, Declarant, as fee simple owner of the Shopping Center, for itself,
its heirs, executors, successors and assigns, declares as follows:
2. ACCESS AND PARKING
2.1 Access Easement. Declarant hereby establishes and grants for the benefit of the
Parties and their respective tenants, licensees, concessionaires, successors and assigns, and the
DALLAS4823487v199999.000311 ~ ~WU~/~I I~O
customers and business invitees of such above-mentioned persons, a perpetual non-exclusive
access easement allowing free and unobstructed pedestrian and vehicular passage over all access
and entrance drives (except service drives exclusively serving a tenant's loading area or drive-
through area), sidewalks and parking areas which from time to time are located within the
Shopping Center, it being intended that the Shopping Center shall be operated as an integrated
shopping center, undivided by ramps or obstructions to the free flow of traffic.
2.2 Parking Easement. Subject to the limitations set forth in Section 4 below,
Declarant hereby establishes and grants for the benefit of the Parties and their respective tenants,
licensees, successors and assigns, and the customers and business invitees of such above-
mentioned persons, a perpetual non-exclusive parking easement over all parking areas within the
Shopping Center, as they may exist from time to time. Pursuant to the terms of the HEB Lease,
Declarant shall provide not less than five (5) parking spaces for each one thousand (1,000)
square feet of leaseable space in the Shopping Center for retail use, and eight (8) parking spaces
for each one thousand (1,000) square feet of floor area for restaurant use. In addition, each Party
(except for HEB) must independently satisfy any governmental parking requirements applicable
to the Shopping Center with respect to the portion of the Shopping Center owned by such Party.
2.3 Rules and Regulations. Declarant hereby reserves the right to establish rules and
regulations concerning the use of the easement areas described in Sections 2.1 and 2.2 above,
including, without limitation, the right to establish employee and valet parking areas for use by
any one or more of the occupants of the Shopping Center (provided that no employee or valet
parking areas shall be established within the Park Parking Area shown on the Concept Plan),
subject to the HEB Lease so long as the HEB Lease remains in effect; provided however that
such rules and regulations shall not be binding upon HEB unless provided for in the HEB Lease
or otherwise consented to by HEB in its sole discretion. Declarant hereby further reserves the
right to temporarily restrict or prohibit access or parking, or both, within the Shopping Center
whenever necessary for the completion of construction or repairs or whenever necessary, in the
reasonable judgment of Declarant, to prevent the accrual of prescriptive rights of usage in favor
of the public; provided, however, that the foregoing rights shall not violate or be inconsistent
with the rights granted to HEB under the HEB Lease.
3. MAINTENANCE AND TAXES INDEMNIFICATION
3.1 Maintenance and Taxes. Each Party shall maintain the improvements on its
portion of the Shopping Center in good condition and repair, clean and free of rubbish and other
hazards, including, without limitation, repaving, resurfacing, patching and restriping, as needed.
Likewise, ad valorem taxes and assessments, and similar requirements or incidentals of
ownership, shall be borne by the Party owning the Shopping Center or portion thereof to which
such ad valorem taxes or assessments attach; and nothing herein shall (i) require that any Party
be responsible for any accidents, injury, loss or damage occurring on the property of another
Party, or (ii) impose any specific obligation or requirement with respect to the ownership,
operation or maintenance of the portion owned by such Party, except as expressly set forth in this
Declaration. Notwithstanding the foregoing, the obligations of HEB with respect to maintenance
and ad valorem taxes are set forth in the HEB Lease, and to the extent of any inconsistency
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between the HEB Lease and the terms of this Agreement, the terms of the HEB Lease shall
control.
3.2 Indemnification. Each Party hereby indemnifies and agrees to hold any other
Party harmless from any and all liability, damage, expense, causes of action, suits, claims or
judgments, including reasonable attorneys' fees, arising from any injury to person or property
occurring on the portion of the Shopping Center owned by such indemnifying Party except if
caused by the negligent act of another Party.
3.3 No Waiver of Governmental Immunity. Notwithstanding any provision contained
herein to the contrary, including the provisions regarding indemnification, nothing contained in
this Declaration shall be construed as a waiver by the City of any governmental immunity,
limitation of liability, limitation on the amount of liability, or other protection provided by state
law, and the City's duty to indemnify any party pursuant to this agreement shall be subject to
such immunity and limitations on liability and limitations on the amount of such liability. The
foregoing provisions of this Section 3.3 shall have no effect on a Party's right to seek injunctive
relief for any violation of this Agreement by the City.
4. PUBLIC PARK RESTRICTIONS
4.1 Public Park. Declarant hereby establishes the following restrictive covenants with
respect to the real property described in Exhibit "C" attached hereto and identified as the "Park
Area" on the Concept Plan (the "Park") for the benefit of Declarant and HEB and their respective
successors and assigns:
(a) The use of the Park shall be limited to either a landscaped green area or
public park;
(b) It is imperative that an adequate view corridor be maintained from
Southlake Boulevard to the HEB Leased Premises for HEB's commercial success. All
Parties understand that the Park includes amenities such as benches, tables and shade
umbrellas, shrubbery, accent trees, canopy trees, and a fountain which as designed as set
forth in the attached Exhibit "D" provide enhancement while maintaining an adequate
view corridor to HEB. Any additional Park improvements (not including replacements
consistent with the original improvements approved by Declarant and HEB) that: (1)
exceed a height of three feet (3') from natural ground of the developed Park, or (2) create
a 20% or greater visual blockage at a height between eighteen inches (18") and three feet
(3') from natural ground, shall be subject to the prior written consent of Declarant and
HEB so long as HEB is a Party;
(c) The Party owning fee title to the Park shall maintain the Park and any Park
Improvements in good condition and repair in the manner required by Section 3.1 above;
(d) It is imperative that adequate parking be maintained in front of and in
proximity to the HEB Leased Premises while also accommodating visitors to the public
Park. In the event that the Park is dedicated to the City, (i) the City shall make
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reasonable efforts to encourage Park patrons to utilize parking areas in proximity to the
Park and labeled as the "Park Parking Area" on the Concept Plan, and (ii) the City,
through its departments and other administrative processes, shall refrain from issuing
permits or reservations for any public gathering at the Park which would reasonably
necessitate parking for more than sixty (60) vehicles without written consent of the
Declarant and HEB so long as HEB is a Party. In the event of any public gathering
which results in the use of more than sixty (60) parking spaces by visitors to the Park,
Declarant and HEB shall have the right to limit the use of any parking areas within the
Shopping Center by Park visitors and invitees to the Park Parking Area as shown on the
Concept Plan by posting signs, utilizing private security personnel, and/or towing
vehicles of Park visitors which are parked outside of the Park Parking Area, provided
Declarant complies with City ordinances regulating towing of vehicles on private
property. Declarant and HEB shall also have the right to monitor usage of parking spaces
by visitors to the Park and to enforce the parking limits set forth above pursuant to the
preceding sentence and Section 5.2 below.
(e) In the event that the Park is not dedicated to the City, then the use of the
Park and the Park Parking Area shall be governed and controlled by the applicable terms,
provisions and conditions of the HEB Lease.
5. DEFAULT
5.1 Occurrence of Default. It shall constitute a default and breach of this Agreement
by the non-performing Party (the "Defaulting Party"), if such Party shall fail to perform any of
the covenants, conditions or obligations in this Agreement within thirty (30) days after the
issuance of a written notice by another Party (the "Nondefaulting Party") specifying the nature of
the default claim, unless such Defaulting Party has commenced to cure such default within the
thirty day period described above and diligently prosecutes such cure to completion.
Notwithstanding the foregoing, Declarant (or HEB as applicable) shall not be required to give
notice and opportunity to cure prior to exercising any of its remedies set forth in Section 4.1(d)
above.
5.2 Rights of Nondefaultina Party.
(a) Each Nondefaulting Party shall have the right to prosecute any
proceedings at law or in equity against any Defaulting Party hereto, or any other person,
violating or attempting to violate or default upon any of the provisions contained in this
Agreement, and shall have the right to pursue injunctive relief and damages. Any proceedings
shall include the right to restrain by injunction any violation or threatened violation by another of
any of the terms, covenants or conditions of this Agreement, or to obtain a decree to compel
performance of any such terms, covenants or conditions. All of the remedies permitted or
available to a party under this Agreement or at law or equity shall be cumulative and not
alternative, and election of any such right or remedy shall not constitute a waiver or election of
remedies with respect to any other permitted or available right or remedy. The Parties hereby
confirm and agree that so long as a HEB is a Party, HEB shall have right to exercise the rights
and remedies of Declarant under Section 4.1(d) above in accordance with the terms and
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provisions of the HEB lease.
(b) If because of a default by a Defaulting Party, as described in Section 5.1
above, a Nondefaulting Party employs an attorney to enforce the rights of the Nondefaulting
Party, then the Defaulting Party shall reimburse the Nondefaulting Party for the reasonable
attorneys fees incurred by the Nondefaulting Party.
6. MISCELLANEOUS
6.1 No Joint Venture or Agency. It is expressly understood and agreed that the
provisions of this Declaration shall never be deemed or construed to cause the owners of the
respective tracts within the Shopping Center to be considered as partners or joint venturers. Each
Party shall be considered a separate owning entity, and no Party shall have the right to act as
agent for another Party unless expressly authorized to do so by written instrument signed by the
authorizing Party.
6.2 Binding Effect. The terms of this Declaration shall run with the land and shall be
binding upon and inure to the benefit of the successors and assigns of Declarant who become the
owners of all or any portion of the Shopping Center.
6.3 Amendment. This Declaration may be changed, modified or amended only by
written instrument (a) executed by Declarant and HEB so long as HEB is a Party hereunder, and
(b) recorded in the Official Records of Tarrant County, Texas; provided, however, that no
change, modification or amendment shall impose any materially greater obligations on, or
materially impair any right of, a Party (including the City if the City becomes a Party) without
the written consent of such Party which consent may not be unreasonably withheld, conditioned
or delayed.
6.4 Governing Law and Jurisdiction. This Declaration shall be governed by and
interpreted under the laws of the State of Texas. This Declaration is to be performed in Tarrant
County, Texas.
6.5 Estoppel Certificate. Upon written request from time to time of a Party, each
Party will issue to a prospective mortgagee of such other Party or to a prospective successor
Party to such other Party, an estoppel certificate stating: (i) whether the Party to whom the
request has been directed knows of any default by the requesting Party under this Declaration;
(ii) whether to its knowledge this Declaration has been assigned, modified or amended in any
way (or if it has, then stating the nature thereofj; and (iii) that to the Party's knowledge this
Declaration as of that date is in full force and effect. Such statement shall act as a waiver of any
claim by the Party furnishing it to the extent such claim is based upon facts contrary to those
asserted in the statement and to the extent the claim is asserted against a bona fide mortgagee or
purchaser for value without knowledge of facts to the contrary of those contained in the
statement, and who has acted in reasonable reliance upon the statement.
6.6 Notices. All notices, demands, statements and requests required or permitted to
be given under this Declaration must be in writing and shall be deemed to have been properly
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given or served whether received or not, by depositing the same in the United States mail,
postage prepaid and registered or certified mail, return receipt requested, at the address set forth
below. The current address for notice to Declarant is as follows:
To Declarant: Carroll/1709, Ltd.
3102 Maple Avenue, Suite 500
Dallas, Texas 75201
Attention: Director of Property Management
with a copy
by regular mail to: Mark R. Vowell, Esq.
Hunton & Williams LLP
1445 Ross Avenue, Suite 3700
Dallas, Texas 75202-2799
To HEB: HEB Grocery Company, LP
646 South Main Avenue
San Antonio, Texas 78205
Attention: Senior Vice President of Real Estate
with a copy
by regular mail to: Stephen L. Golden, Esq.
Drenner & Golden, Stuart, Wolff, LLP
300 Convent Street, Suite 2650
San Antonio, TX 78205
All notices, demands and requests shall, except as hereinafter set forth, be effective upon the
earlier of: (i) actual receipt or (ii) being deposited in the United States mail in accordance with
the provisions hereof. Rejection or other refusal to accept, or the inability to deliver because of
change of address of which no notice was given, shall be deemed to be receipt of the notice,
demand or request. Any Party shall have the right from time to time and at any time, upon at
least ten (10) days' prior written notice thereof in accordance with provisions hereof, to change
its respective address and to specify any other address within the United States of America;
provided, however, notwithstanding anything herein contained to the contrary, in order for the
notice of address change to be effective it must actually be received. In the event that the Park is
dedicated to the City, then all notices to the City shall be sent to the following address:
City of Southlake
1400 Main Street, Suite 270
Southlake, Texas 76092
6.7 Singular and Plural. Whenever required by the context of this Declaration, the
singular shall include the plural, and vice versa, and the masculine shall include the feminine and
neuter genders, and vice versa.
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6.8 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication of any portion of the Shopping Center to the general public, or for the general public
or for any public use or purpose whatsoever; it being the intention and understanding of the
Parties hereto that this Declaration shall be strictly limited to and for the purposes herein
expressed solely for the benefit of the Parties hereto. The Declarant intends to dedicate the Park
to the City; however, unless and until the Park is dedicated to the City as evidenced by a
conveyance deed of the Park to the City recorded in the Real Properly Records of Tarrant
County, Texas, and acceptance by the City of such dedication, there shall be no public dedication
of the Park.
6.9 Severability. Invalidation of any of the provisions contained in this Declaration,
or of the application thereof to any Party by judgment or court order shall in no way affect any of
the other provisions hereof or the application thereof to any other Party and the same shall
remain in full force and effect.
6.10 Captions. The captions preceding the text of each paragraph and subparagraph
hereof are included only for convenience of reference and shall be disregarded in the
construction and interpretation of this Declaration.
hereof.
6.11 Time. Time is of the essence under this Declaration and each and every provision
6.12 Declarant Rights. The rights of "Declarant" under this Declaration are personal to
Carroll/1709, Ltd. In the event Carroll/1709, Ltd. conveys all of its remaining interest in the
Shopping Center to athird-party, then Carroll/1709, Ltd., may assign its rights as "Declarant" to
any other Party upon recording an instrument evidencing such assignment and specifically
referring to this Declaration in the Official Records of Tarrant County, Texas.
6.13 No Mercer. Unless otherwise clearly indicated to the contrary in a written,
recorded document executed by all of the Parties, there shall in no event be a merger of the
dominant and servient estates in the Shopping Center by virtue of the present or future ownership
of any portion of said estates being vested in the same person or entity, but instead it is intended
that the easements and servitudes created pursuant to the terms of this Declaration shall not be
extinguished thereby and that said dominant and servient estates shall be kept separate.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties hereto have executed this Declaration as of the
date first set forth above.
DECLARANT:
CARROLL/1709, LTD.,
a Texas limited partnership
By: Carroll 1709 One, L.C.,
a Texas limited liability com
its general partner
By:
HEB:
Herbert D. Weitzma~ Manager
HEB GROCERY COMPANY, LP,
a Texas limited artnership
By:
o A. Piland, Executive Vic resident
CITY:
CITY OF SOUTHLAKE, TEXAS
By: ~
RETURN TO:
CITY OF SOUTHLAKE
OFFICE OF THE CITY SECRETARY
1400 MAIN STREET, SUITE 270
SOUTHLAKE, TEXAS 76092
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STATE OF TEXAS
COUNTY OF DALLAS )
This instrument was acknowledged before me on the ~"[ILday of t~(~-2007, by
Herbert D. Weitzman, Manager of CARROLL 1709 ONE, L.C., a Texas limited liability
company, in its capacity as general partner of CARRO 1709, LTD., a Texas limited
partnership, on behalf of said limited liability company ar~d 1' i d p~~ip.
Notary Public, State of
My ommission Expires:
3 ~v a
(SE L)
STATE OF TEXAS
COUNTY OF BEXAR
'~~""'ry''•- PENNY L BABES
_~ ~- MY COMMISSION EXPIRES
_*' ~= June 23, 2010
This instrument was acknowledged before me on the o~. b day of~~~`2007, by
Todd A. Piland, Executive Vice President of HEB GROCERY COMPANY, LP, a Texas limited
partnership, on behalf of said limited partnership.
My Commission Expires:
3 - l ~ - a--O t ~
(SEAL)
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(~eQt~.~~
Notary Public, State of 5~~~
==o.,a; ~~~8~~,,- DEBRA 1. SALDANA
_ Notary Public, State of Texas
-,~ f„ My Commission Expires
-~>%F~~~E;.``' March 12, 2010
9
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STATE OF TEXAS
COUNTY OF T ~~an-I'
This,. in~strument was acknowledged before me on the ~ ~~ day of ~GeYruc~/~2007,
by~j~KaYQ~VPI~aI, ~~ f CITY OF SOUTHLAKE, TEXAS, a home rule city, on
behalf of said home rule city. ~ n~
~a~~--NU-uaiu-u~ar T
,,.~~`~~~,PA~NF Notary Public, State of t G~G~S
`~~`~:hP~V FUB~.,
My Commission Expires: :~ o ~ ~';
10 ~ z.~ ~ Zook = z y
(SEAL) ~~~'F of ~~}~ a
~' . Fx~PIR~n~.Op- ~~~:
RETURN TO:
CITY OF SOUTHLAKE
OFFICE OF THE CITY SECRETARY
1400 MAIN STREET, SUITE 270
SOUTHLAKE, TEXAS 76092
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l~2~UU7110
DAVID PETREE
REGISTERED PROFESSIONAL LAND SURVEYOR
11015 Midway Road
Dallas, Texas 75229
Phone: (214) 358-4500
Fax: (214) 358-4600
EXHIBIT "A"
BEING all that certain lot, tract or parcel of land situated in the City of
Southlake, Tarrant County, Texas, and being a part of a 29.516 acre tract of
land conveyed from W.E. Dalton and wife Dorothy L. Dalton, to South
Carroll/1709, LTD. by deed recorded in Volume 13242 at Page 76 of the
Deed Records of Tarrant County, Texas, and being more particularly
described by metes and bounds as follows;
BEGINNING at a 1/2" iron rod found in the South right of way line of East
Southlake Boulevard (130 foot right of way) for the Northeast corner of said
29.516 acre tract and also being the Northwest corner of Lot 1 R in Block 1
of Gorbutt Addition, an addition to the City of Southlake, Texas, according
to the plat thereof recorded in Cabinet A at Slide 9210 and 9211 of the Plat
Records of Tarrant County, Texas, a Replat of Lot 1 in Block 1 of Gorbutt
Addition, an addition to the City of Southlake, Texas, according to the plat
thereof recorded in Volume 388-156 at Page 12 of the Plat Records of
Tarrant County, Texas;
THENCE South 00° 13' 20" West along the West line of said Lot 1 R in Block
1 of the Gorbutt Addition for a distance of 959.70 feet to a 112" iron rod
found for the Southeast corner of said 29.516 acre tract and also being the
Southwest corner of said Lot 1 R in Block 1 of the Gorbutt Addition, and
being in the North line of Lot 13 in Block 1 of Oak Tree Estates, an addition
to the City of Southlake, Texas, according to the plat thereof recorded in
Cabinet "A" at Slide 2122 of the Plat Records of Tarrant County, Texas;
THENCE North 88° 36' 13" West (Basis of Bearings per deed recorded in
Volume 13242 at Page 76 of the Deed Records of Tarrant County, Texas)
along the North line of said Oak Tree Estates Addition for a distance of
1317.16 feet to a 5/8" iron rod found in the East right of way line of South
Carroll Avenue (54 foot right of way) as established by a 0.4022 acre
dedication deed to the City of Southlake, Texas, recorded in Document
Number D201028629 of the Deed Records of Tarrant County, Texas;
X208047110
THENCE North 00° 03' 09" West along said East right of way line of South
Carroll Avenue for a distance of 462.54 feet to a 5/8" iron rod set for corner,
said point being the beginning of a curve to the left having a central angle
of 05° 49' 42" with a radius of 835.00 feet and a chord bearing North OZ° 57'
58" West at a distance of 84.90 feet;
THENCE Northwesterly along said curve to the left and continuing along
the East right of way line of said South Carroll Avenue for a distance of
84.94 feet to a 5/8" iron rod set for corner and being the beginning of a
curve to the right having a central angle of 03° 45' 22" with a radius of
765.00 feet and a chord bearing North 04° 00' 08" West at a distance of
50.14 feet;
THENCE Northwesterly along said curve to the right and continuing to
follow along the East right of way line of said South Carroll Avenue for a
distance of 50.15 feet to a 5/8" iron rod set for corner;
THENCE North 00° 03' 09" West and continuing along the East right of way
line of said South Carroll Avenue for a distance of 352.01 feet to a 518" iron
rod set for the cutoff line for the aforesaid East Southlake Boulevard;
THENCE North 45° 38' 51" East along said cutoff line for East Southlake
Boulevard for a distance of 13.96 feet to a 5/8" iron rod set for corner in the
South right of way line of East Southlake Boulevard;
THENCE South 88° 37' 53" East along the South right of way line of said
East Southlake Boulevard for a distance of 1319.52 feet to the POINT OF
BEGINNING AND CONTAINING 29.1276 ACRES OF LAND, more or less.
Metes ~ Bounds Description
Prepared January 25, 200$
From Surveys.
By:
~~~
David Petree
Registered Professional Land Surveyor No. 1890
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EXHIBIT ~B"
Concept Plan
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In the event of any conflict, inconsistencies or discrepancies between this Concept Plan and the
Site Plan (as defined in the HEB Lease) attached to the HEB Lease, between Declarant, as
landlord, and HEB, as tenant, the Site Plan (as defined in the HEB Lease) shall govern and control.
.. 13 ~Z~8~y7~~0
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EXHIBIT "C"
Legal Description of Park
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, CARROLL/1709, LTD., is the owner of all that certain lot, tract or parcel of land
situated in the City of Southlake, Tarrant County, Texas, and being a part of a 29.516 acre tract
of land conveyed from W.E. Dalton and wife Dorothy L. Dalton, to Carroll/1709, LTD. by deed
recorded in Instrument No. D205365360, of the Deed Records of Tarrant County, Texas, and
being more particularly described by metes and bounds as follows;
COMMENCING from a 1/2" iron rod found in the south right of way line of East Southlake
Boulevard (130 foot right of way) for the Northeast comer of said 29.516 acre tract and also
being the Northwest corner of Lot 1R in Block 1 of Gorbutt Addition, an addition to the City of
Southlake, Texas, according to the plat thereof recorded in Cabinet `A', Slide 9210, of the Plat
Records of Tarrant County, Texas;
THENCE NORTH 88° 37' S3" East along said south right of way line of East Southlake
Boulevard (130 foot right of way) for a distance of 521.33 feet to the POINT OF BEGINNING;
THENCE South 00° OS' 33" East departing said south right of way line of East Southlake
Boulevard (130 foot right of way) for a distance of 151.04 feet to a point for comer;
THENCE North 88° 37' S3" West for a distance of 218.91 feet to a point for corner;
THENCE North 03° 22'33" East for a distance of 151.09 feet to a point for comer in said south
right of way line of East Southlake Boulevard (130 foot right of way);
THENCE South 88° 37' S3" East along said south right of way line of East Southlake Boulevard
(130 foot right of way) for a distance of 210.26 feet to the POINT OF BEGINNING AND
CONTAINING 0.7439 ACRES OF LAND, MORE OR LESS.
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EXHIBIT "D"
Park Desi n~ Plans
(attached)
15
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20
CENCOR REALTY SERVICES
David C. Palmer
Executive Vice President
dpalmer@cencorrealty. com
December 19, 2007
Via email (~olasek(a~ci.southlake.tx.us) and mail
Mr. Steve Polasek
Director of Community Services
City of Southlake
400 N. White Chapel
Southlake, Tx 76092
RE: Declaration of Easements and Restrictive Covenants ("ERC") -Central
Park/Shops of Southlake
Dear Steve:
Per your request, please be advised that the "Site Plan", attached thereto and defined in the Lease
between CarrolU1709, LTD. ("Declarant" in the ERC) and HEB Grocery Company, LP ("HEB" in the
ERC) does not conflict with the Concept Plan (Exhibit B to the ERC), and that the "Park Parking Area",
shown on Exhibit B and defined in the ERC, is identified as "Park Public Parking Spaces" on the "Site
Plan" attached to the Lease.
Thank you for your continued attention to this matter.
Sincerely,
CarrolU1709, Ltd.
By: Cencor Realty rvices, Inc., its Agent
By:
vid C. Palmer
Executive Vice President
cc: Mark Vowell, Esq.
George Foiles
3102 Maple Avenue Suite 500 Dallas, Texas 75201 214.954.0300 fax 214.953.0860 nhhQQ )1
www.CencorRealty.com fJ~VU ~Cl ~Iw
Cencor Realty Services is the management and development division of Weitzman Management Corporation, a
regional realty corporation which also does business through its brokerage division, The Weitzman Group.
'~
. ~C
:~
•u
CITY OF SOUTHLAKE
1400 MAIN STREET
#270
SOUTHLAKE TX 76092
Submitter: CITY OF SOUTHLAKE - ZSLKE-001
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 Registration: 02/11/2008 01:29 PM
#: D208047110
E 22 PGS $96.00
D208047110
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: Gp