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J.W. Hale Survey, Abstract No. 803 (1215 E. Continental Blvd) - Permanent Pedestrian Easement
SOUTHLAKE Public Works Administration October 2, 2019 Ms. Balla C. Wright 601 W. Wall Street Grapevine, TX 76051 Subject: 2,703 SF Permanent Pedestrian Easement in the J.W. Hale Survey, Abstract No. 803, Tarrant County, Texas 1215 E. Continental Boulevard Sidewalk Construction Dear Ms. Wright- The City of Southlake desires to purchase a 2,703 square foot permanent pedestrian easement for the construction of a public sidewalk along Breeze Way and E. Continental Boulevard. Based on the values discussed at our earlier meetings, we are prepared to offer $10,812 for your consideration. In addition, the City agrees to pay an additional $2,000 for the future expenses associated with the platting of this property for a total of $12,812. Furthermore, the City is willing to accept a reduced right-of-way, along Breeze Way, at time of plat which will accommodate the existing, ultimate street section and utilities. We hope you find this offer in line with our previous discussions and will give this offer serious consideration. If in agreement, please sign and return the offer letter via mail or email as concurrence to proceed with the purchase and we will prepare the contract of sale. Please find permanent pedestrian easement and exhibit included for your review. Thank you in advance and please feel free to contact me with any questions or concerns at (817) 748-8100 or khogue@ci.southalke.tx.us. Sincerely, Kyle DJ Hoge.,P.1 . City Engineer cc: Ben Thatcher,Assistant City Manager Rob Cohen, Director of Public Works Attachment: Permanent Pedestrian Easement and Exhibit Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork Page 2 of 2 EXECUTED this 4-0/1 day of natker ,2019 Property Owner: Ms. Balla C.Wright ) 4 By: s 601 W. Wall Street Grapevine, TX 76051 PERMANENT PEDESTRIAN EASEMENT a tract situated in the J. W. HALE SURVEY, ABSTRACT NO. 803 TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS THE STATE OF TEXAS § COUNTY OF TARRANT § That I (WE), .11A C. WY' \k , ("GRANTOR(S)") herein, for and in consideration of the sum of Ten ($10.0 ) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, ("GRANTEE") herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating Pedestrian facilities that land in Tarrant County Texas described as follows, to- wit: A 0.062 Acre (2,703 SF) Permanent Pedestrian Easement, found in a tract situated in the J.W. Hale Survey, Abstract No. 803, and recorded in Volume 8030, Page 2181 of the Deed Records of Tarrant County, Texas, with property address of 1215 E. Continental Blvd., and as more particularly described in Exhibit "A", and shown on Exhibit "B" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed upon any easements granted herein any temporary or permanent structures. GRANTOR and GRANTOR's heirs, successors, and assigns forever, reserve all oil, gas, and other minerals in and under and that may be produced from the Property. Such mineral reservation shall be included in the Permanent Pedestrian Easement. It is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement for the purpose of constructing said pedestrian facility. It is further intended that the Permanent Pedestrian Easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. If GRANTEE ceases to use the Permanent Pedestrian Easement for the purposes granted, the easement shall cease to exist and revert to the GRANTOR. The Permanent Pedestrian Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person. Page 1 of 3 PERMANENT PEDESTRIAN EASEMENT A tract situated in the J.W.HALE SURVEY,ABSTRACT NO.803 IN WITNESS WHEREOF, this dedication instrument is executed this '21Si-- day of O C.-k-0 ber , 20 141 BY:,Av.& (.).A.A.,,f4, GRANTOR BY: GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared k . C (it-Sy* known to me or proved to me through (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. � GIVEN UNDER MY HAND AND SEAL OF OFFICE, this oci day of OCATA9e/17 , 201/. NOTARY SEAL 4-e-Lee/C4d WPtet4- -tof- Notary Public, Statelof Texas SAY Pvb LeeAnn Lindsey Lee�VI,1 L j/'1 e(s y 4� }� ��� '� S Notary's Name (Printed) +,�je * 08/07/2020 NOTARY 10: 12059318 eb' 7 /a-o Notary's Commission Expires AFTER EXECUTION BY OWNER, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-807 Page 2 of 3 PERMANENT PEDESTRIAN EASEMENT A tract situated in the J.W.HALE SURVEY,ABSTRACT NO.803 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the 54W day of N1 -c,i , 201, from or LQ,t trA. 1(•(k,I( to the City of Southlake, has been duly accepted subject to all terms nd conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. SEAL It 5 .5 `° \_AKE1' * Da ed p `BOJ . . NV •k LL \/ •• N= Mayor, C' Y OF SOW a{IAKE,qr1��i�� �iJ°. r• �: ATTEST: .. �i- ••' OlkJam,. Ci retary , ''ii1"11;* *`%�°°�° AFTER EXECUTION BY GRANTOR, PLEASE RETURN TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, Texas 76092 Phone: 817-748-8098 Fax: 817-748-8077 AFTER RECORDING,PLEASE RETURN TO: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 Phone: 817-748-8016 Page 3 of 3 PERMANENT PEDESTRIAN EASEMENT A tract situated in the J.W.HALE SURVEY,ABSTRACT NO.803 JPH Land Surveying, Inc. aNd Dallas-Fort Worth * Austin * Abilene �Q EXHIBIT"A " SHEET 1 OF 3 FIELD NOTES to that certain tract situated in the J.W.Hale Survey,Abstract fi No. 803, City of Southlake, Tarrant County, Texas, said tract being a portion • , of the tract described in the deed to Joe L. Wright recorded under Volume a 8030, Page 2181 of the Deed Records of Tarrant County, Texas; the subject tract being more particularly described as follows: Commencing at a 5/8 inch capped rebar stamped "Carter&Burgess"found on the east line of the tract described in the deed to Joe L. Wright recorded in Volume 8030, Page 2181 of the Deed Records of Tarrant County,Texas,at the northwest corner of the right-of-way dedication for Continental Boulevard recorded in Cabinet A, Slide 2989 of the Plat Records of Tarrant County, Texas; THENCE SOUTH 00 degrees 21 minutes 03 seconds WEST, with the west line of said right-of- way dedication, a distance of 11.69 feet to the north edge of a sidewalk and the Point of Beginning; THENCE SOUTH 00 degrees 21 minutes 03 seconds WEST,continuing with the west line of right- of-way dedication, a distance of 9.50 feet to the south edge of the said sidewalk; THENCE Through the interior of the said Wright tract,the following calls: 1. NORTH 88 degrees 47 minutes 53 seconds WEST,along the south edge of the sidewalk, a distance of 194.00 feet; 2. NORTH 00 degrees 30 minutes 10 seconds WEST, a distance of 10.36 feet to the beginning of a non-tangent curve, concave to the northeast(curve to the right), having a radius of 70.50 feet; 3. in a northwesterly direction, along an arc of the said non-tangent curve, an arc length of 27.00 feet, (a chord bearing of NORTH 13 degrees 58 minutes 07 seconds WEST, a chord distance of 26.84 feet),to the end of the curve; 4. NORTH 87 degrees 17 minutes 13 seconds EAST, a distance of 6.00 feet; 5. NORTH 00 degrees 30 minutes 10 seconds WEST, a distance of 4.00 feet; 6. NORTH 89 degrees 29 minutes 50 seconds EAST, a distance of 0.65 feet to the west edge of a sidewalk; 7. NORTH 00 degrees 30 minutes 10 seconds WEST, along the west edge of the said sidewalk, a distance of 143.49 feet; 8. NORTH 08 degrees 34 minutes 53 seconds EAST,continuing along the west edge of the sidewalk, a distance of 3.67 feet to the north line of the Wright tract; Dallas-Fort Worth Austin Abilene 807 Bluebonnet Drive, Suite C 13563 W SH 29, Suite 4 500 Chestnut St. #1621 Keller,Texas 76248 Liberty Hill,Texas 78642 Abilene,Texas 79602 (817)431-4971 (512)778-5688 (325)672-7420 Firm#10019500 Firm#10194073 Firm#10193867 WWW.JPHLANDSURVEYING.COM SHEET 2 OF 3 THENCE NORTH 89 degrees 31 minutes 49 seconds EAST,with the north line of the Wright tract, a distance of 4.05 feet, to the east edge of the sidewalk, from which a 5/8 inch capped rebar stamped "Carter Burgess" found at the southeast corner of the right-of-way dedication for Breeze Way recorded in said Cabinet A, Slide 2989 of the Plat Records of Tarrant County, Texas, bears SOUTH 89 degrees 31 minutes 49 seconds EAST, a distance of 16.77 feet, and from said southeast corner, a 5/8 inch capped rebar stamped "Carter Burgess" found on the east line of said right-of-way, bears NORTH 00 degrees 52 minutes 58 seconds WEST, a distance of 375.50 feet; THENCE Through the interior of the Wright tract,the following calls: 1. SOUTH 08 degrees 34 minutes 53 seconds WEST, along the east edge of the sidewalk, a distance of 3.99 feet; 2. SOUTH 00 degrees 30 minutes 10 seconds EAST, continuing along the east edge of the sidewalk, a distance of 147.00 feet; 3. NORTH 89 degrees 14 minutes 36 seconds EAST, a distance of 0.71 feet; 4. SOUTH 00 degrees 30 minutes 10 seconds EAST, a distance of 23.00 feet; 5. NORTH 89 degrees 12 minutes 36 seconds EAST,along the north side of wall,a distance of 51.00 feet; 6. SOUTH 00 degrees 47 minutes 24 seconds EAST, a distance of 10.00 feet to the north edge of a sidewalk; 7. SOUTH 88 degrees 47 minutes 53 seconds EAST, along the north edge of the said sidewalk, a distance of 82.00 feet; 8. NORTH 72 degrees 53 minutes 35 seconds EAST, continuing along the north edge of the sidewalk, a distance of 17.00 feet; 9. SOUTH 88 degrees 40 minutes 46 seconds EAST, continuing along the north edge of the sidewalk, a distance of 20.00 feet; 10. SOUTH 86 degrees 49 minutes 43 seconds EAST, continuing along the north edge of the sidewalk, a distance of 9.00 feet; 11. SOUTH 81 degrees 57 minutes 32 seconds EAST, continuing along the north edge of the sidewalk, a distance of 10.80 feet returning to the Point of Beginning and enclosing 2,703 square feet(0.062 of an acre). Jewel Chadd Registered Professional f Land Surveyor No. 5754 .` W'L CHAD' jewel@jphls.com A 5754 July 4, 2017 sssk•/ - Job No. 2016.048.002 -ti0 SURVe14 EXHIBIT n a n l MONUMENTS AND BEARING BASIS Line Data Table 5/8'REBAR Monuments are found SHEET 3 OF 3 .CjRTERBURGESS" Bearings are based on Grid North per Texas Line# Distance Bearing Coordinate System of 1983,North Central Zone L1 11.69' Soo°21'03"w 00 LEGEND OF ABBREVIATIONS z w o L2 9.50' S00°21'03"W I 3 p A I~ M P.R.T.C.T. Plat Records of Tarrant County,Texas P. ¢ 3 D.R.T.C.T. Deed Records of Tarrant County, Texas L3 10.36' NO0°30'10"W I ptv POB Point of Beginning L4 6.00' N87°17'13"E wa; POC Point of Commencing I o LOT 1,BLOCK 1 L5 4.00' N00°30'10"W GG Z CARROLL ISD No.5 ADDITION U CABINET A,SLIDE 6418 L6 0.65' N89°29'50"E L7 LS P.R.T.C.T. 5/8"REBAR"CARTER BURGESS" L7 3.67' N08°34'53"E L9 L8 4.05' N89°31'49"E / L10 JOE L.WRIGHT L9 16.77' S89°31'49"W 't' VOLUME 8030,PAGE 2181 L10 3.99' S08°34'53"W / D.R.T.C.T. w -/ i:=) L11 0.71' N89°14'36"E • ] •I' /cn L12 23.00' S00°30'10"E o / r" Curve Data Table / W L13 51.00' N89°12'36"E o / = Curve# Arc Radius Delta Chord Bearing Chord N a o / -, LI4 10.00' S00°47'24"E W 0 o / o Cl 27.00' 70.50' 021°56'35" N13°58'07"W 26.84' ,' o / ° 1 L15 17.00' N72°53'35"E Z / L16 20.00' S88°40'46"EX J.W. ; /ce GaC3SMAC T NO. 89� L17 9.00' S86°49'43"E / L6 / L18 10.80' S81°57'32"E L5 /I- L 11 LOT 1,BLOCK 1 L4 � 2,703 SQUARE FEET P.O.C. CARROLL ISD No.5 ADDITION N 0.062 OF AN ACRE CABINET A,SLIDE 6418 ODDD�IaH P.R.T.C.T. W. KN M HT SURVEY VEY V '„� L13 L14 L17 5/8"REBAR"CARTER BURGESS" AESTRACT NO.B9�J° a / S88°47'53"E 82.00' , ti75 L16� a N P.O.B. I N // //////l/////i'7//// I.8 a RIGHT OF WAY DEDICATO N88°47'53"W 194.00' e CABINET A,SLIDE 2989 P.R.T.C.T. APPROXIMATE LOCATION OF SURVEY LINE — — BnENT APPROXIMATE LOCATION OF SURVEY LINE HOLLOMOSWORTH JOHN N. MBSO0 H SURVEY EY CONTINENTAL BOULEVARD SURVEY ADSTR CCT NO. 691 - 'r ABSTRACT NO.797 I 1:7 Nd .k� OE . 4,,,,' / Q' )(001., 1%i.. Ile. • ' 'Co. 1111, ...tapir 06. (44 • S 064 C le 0 50' - h �d��NNNN _7 S • July 4,2017 C • � _ f C v e:. S u Scale: 1" =50' /I JPH Job No. `, EXHIBIT SHOWING 2016.048.002 1215 E.Continental- Sidewalk Easement.dwg �'703 S.F. ©2017 JPH Land Surveying,Inc. -All Rights Reserved 807 Bluebonnet Drive, Suite C Keller,Texas 76248 Telephone(817)431-4971 www.jphlandsurveying.com SITUATED IN THE TBPLS Firm#10019500#10194073 #10193867 J.W. HALE SURVEY,ABSTRACT NO. 803 " DFW I Austin I Abilene ', CITY OF SOUTHLAKE 1 TARRANT COUNTY,TEXAS ««'„` o6 '`',.. MARY LOUISE NICHOLSON 9 :15: i COUNTY CLERK tt. , y 100 West Weatherford Fort Worth, TX 76196-0401 %:,),. ''." `*. PHONE (817) 884-1195 CITY OF SOUTHLAKE 1400 MAIN ST STE 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 11/14/2019 1:56 PM Instrument#: D219262717 E 7 PGS $39.00 By: D219262717 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. Request for Taxpayer Form Give Form to the (Rev.October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service P.Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Balla C.Wright 2 Business name/disregarded entity name,if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see a instructions on page 3): p ❑✓ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate rn single-member LLC ai c Exempt payee code(if any) 0.v ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► 2 Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c c LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) .E another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that O. is disregarded from the owner should check the appropriate box for the tax classification of its owner. y Other(see instructions)► (Applies to accounts maintained outside the U.S.) M 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) in 601 W.Wall St. 6 City,state,and ZIP code Grapevine,TX 76051 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)tha IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not requi d to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of 1 Here U.S.person � �(�� t� Date► �D/�1 J General Instructions (Jr •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estata transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) CUSTOMER REFUND/REIMBURSEMENT REQUEST CUSTOMER NAME: Balla C. Wright ACCOUNT#(or cause#) MAILING ADDRESS: 601 W. Wall Street CUSTOMER# Grapevine, TX 76051 BILL# ❑ ACTIVNET PARTICIPANT NAME ❑ ACTIVITY CHARGE ❑ ACTIVITY CHARGE ❑ ADMIN FEE ❑ REFUND CREDIT CARD ❑ BUILDING SERVICES & INSPECTIONS Permit#: Fees Paid: Date: Project Name Address: Status of Project: BUILDING OFFICIAL USE ONLY: Customer Signature: Approve Refund: ❑ Yes ❑ No Date: Amount: Please see attached Refund Policy for details of Refund amount. CBO Signature Impact Fee Refund: UB Supervisor: Checklist attached: ❑ Yes ❑ No El LIBRARY ❑ DEVELOPMENT ❑ MUNICIPAL COURT ❑ FACILITY USE ❑ AMBULANCE ❑ IMPACT FEES LI UTILITY BILLING ❑ OTHER REASON FOR REQUEST: Permanent Pedestrian Easement and platting expenses (enter appropriate GL Account code—contact Finance for assistance) TOTAL AMOUNT DUE: ORG OBJECT PROJECT 209499 598802 R0005 $12,812 Preparer's Signature Date Supervisor's Signature Date Received in Finance Date All back up documentation must be attached to support the request. FCAT—Polices, Forms &SOPs, Forms Rev 4/2016