Smith, Michael & Natasha - Contract of Sale ORIGINAL DOCUMENT
CITY O SOUTHLAKE
Cou:cil Action: Y /� Ord. /Res. No.
CONTRACT OF SALE Date Approved - 1 -.2013 -
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is made by and between Michael and Natasha Smith of
Tarrant County Texas, (referred to in this Contract as "Seller ") and the City of Southlake, a home
rule municipal corporation in Tarrant County, Texas, (referred to in this Contract as
"Purchaser ").
ARTICLE I. PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, a tract of land situated in Tarrant County, Texas, which is more particularly described as
follows:
a 0.0621 acre parcel of land located in the THOMAS M. HOOD
SURVEY, Abstract No. 706, in the City of Southlake, Tarrant
County, Texas, and being more particularly described by metes
and bounds in Exhibit "A ", attached hereto and incorporated herein
for all purposes, and being more particularly shown on a survey
drawing marked Exhibit `B ", attached hereto and incorporated
herein for all purposes
together with all and singular the rights and appurtenances pertaining thereto, including any
right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real
property, rights, and appurtenances being referred to in this Contact as the "Property "), together
with any improvements and fixtures, situated on and attached to the Property.
This Contract is made for the consideration and upon and subject to the terms, provisions, and
conditions set forth below.
ARTICLE II. PURCHASE PRICE
The purchase price for the Property shall be EIGHTEEN THOUSAND FIVE
HUNDRED DOLLARS AND 00 /100 DOLLARS ($18,500.00) cash for the right of way.
ARTICLE III. PURCHASER'S RIGHTS AND OBLIGATIONS
3.01 Preliminary Title Report. Within twenty (20) days after the date hereof, Seller,
at Purchaser's sole cost and expense, shall have the Title Company issue a preliminary title
report (the "Title Report") accompanied by copies of all recorded documents relating to
easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice
Page 1
on or before the expiration of ten (10) days after Purchaser receives the Title Report that the
condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser
states that any conditions are not satisfactory, Seller shall promptly undertake to eliminate or
modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller
chooses not to do so or is unable to do so within twenty (20) days after receipt of written notice,
this Contract shall thereupon be null and void for all purposes. If written notice is not received by
Seller within the 20 day period, all conditions shall be deemed to be acceptable and any
objection thereto shall be deemed to have been waived for all purposes.
3.02 Survey. Attached as Exhibit "B" is a copy of the survey that Purchaser caused to
be prepared for Property.
3.03 New Surveys and Tests. Within ten (10) days after the date of execution, Seller
shall provide to Purchaser a copy of any environmental site assessment that Seller has caused to
be prepared for the Property, or that Seller has received. Within 20 (twenty) days after the date
of execution, Purchaser is granted the right to conduct an environmental and engineering survey
and feasibility study of the Property at Purchaser's sole cost and expense, and in this connection
Purchaser or Purchaser's designated agents may enter upon the Property for purposes of soil
analysis, core drilling, or other tests which may be deemed necessary to Purchaser or Purchaser's
engineer. If Purchaser determines, in Purchaser's sole judgment, that the Property is not suitable
for the intended purposes, then and in this event, Purchaser may, on written notice to Seller
within twenty (20) days after receipt of survey, terminate this Contract and it shall be null and
void for all purposes. If the written notice is not received within this twenty (20) day period, the
condition shall be deemed to be acceptable and any objection thereto shall be deemed to have
been waived for all purposes.
3.04 Property Condition. Within twenty (20) days after the date of execution,
Purchaser may have the property and facilities inspected by an inspector permitted by law to
make such inspections. Seller shall permit access to the property at reasonable times for
inspection, repairs, and treatment and for reinspection after repairs and treatment have been
completed.
Purchaser will have twenty (20) days after receipt of the inspection report to review and
approve same. In the event any portion of the inspection report is unacceptable to Purchaser,
then Purchaser shall, within the twenty (20) day period, give Seller written notice of this fact.
Unless otherwise agreed by Seller and Purchaser, Seller shall, complete all agreed repairs and
treatment prior to the Closing Date. If Seller fails to complete any agreed repairs and treatment
prior to Closing Date, Purchaser may terminate this Contract and the Contract shall thereupon be
null and void for all purposes. Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the property in its current condition.
ARTICLE IV. REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of the Closing Date:
Page 2
(1) Seller is the sole owner of the Property and has the right and ability to convey
good and marketable title in fee simple to the Property to Purchaser without the
approval or participation of any other person and free and clear of any and all
liens, encumbrances, conditions, assessments and restrictions.
(2) During Seller's ownership of the Property (1) no excavation of the
Property occurred, (2) no landfill was deposited on or taken from the Property, (3)
no construction debris or other debris (including, without limitation, rocks,
stumps, and concrete) was buried upon the Property, and (4) no toxic waste or
"hazardous substances" as that term is defined in the Comprehensive
Environmental Response, Compensation and Liability Act of 1988, or petroleum
products and derivatives thereof, were deposited on the Property. Seller further
represents and warrants that, to the best of his knowledge, none of the foregoing
occurred on the Property prior to Seller's ownership of the Property.
(3) That there are no real estate brokers', agents' or finders' fees or
commissions due arising in connection with the execution of this Contract or from
the consummation of the sale contemplated herein.
ARTICLE V. CLOSING
5.01 Closing Date. The closing shall be held on , 2013, at the
Title Company (which date is herein referred to as the "Closing Date ").
5.02 Conditions at Closing. The closing and Purchaser's obligations under this
Agreement to purchase the Property are expressly conditioned on:
(1) Seller's delivery to Purchaser a duly executed and acknowledged Deed in the
form attached hereto as Exhibit "C" conveying to Purchaser a permanent right of
way on the Property, free and clear of any and all liens, encumbrances,
conditions, assessments, and restrictions other than as provided in this Contract.
(2) Delivery to Purchaser, at Purchaser's sole expense, of a Texas Owner's Title
Policy, issued by the Title Company in the full amount of the purchase price,
insuring Purchaser's permanent right -of -way on the Property, subject only to those
title exceptions listed in this Article III, if any, such other exceptions as may be
approved in writing by Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record "; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
Page 3
(3) Seller's execution of such documents and instruments reasonably requested by the
title company to consummate the transactions contemplated herein.
(4) Delivery to Purchaser of possession of the Property.
5.03 Failure of Conditions. Should any of the conditions specified in Paragraph 5.02
of this Contract fail to occur within twenty (20) days after the establishment of Closing as
provided in Paragraph 6.01 of this Contract, Purchaser shall have the power, exercisable by
written notice to Seller, to cancel the closing, terminate this Contract, and recover any amounts
paid by Purchaser to Seller or to the Title Company on account of the purchase price of the
Property. The exercise of this power by Purchaser shall not, however, constitute a waiver of any
other rights Purchaser may have against Seller for breach of this Agreement. The Title Company
(Escrow Agent) shall be and is hereby irrevocably instructed by Seller on any such failure of
condition and receipt of such notice from Purchaser by it to immediately refund to Purchaser all
monies and instruments deposited by Purchaser pursuant to this Contract.
5.04 Prorations. Any assessments against the Property as of the Closing Date shall be
paid by Seller on or before the closing. General real estate taxes for the then current year
relating to the Property, interest on any existing indebtedness, and rents if any, shall be prorated
as of the closing date and shall be adjusted in cash at the closing. In the event any roll back or
other deferred taxes exist which are retroactive to the period of Seller's ownership of the
Property or any time prior thereto pursuant to a change in zoning, use, ownership or otherwise,
such retroactive taxes shall remain the obligation of Seller. This provision shall survive the
closing.
5.05 Closing Costs. All costs and expenses of closing in consummating the sale and
purchase of the Property shall be borne and paid by the Purchaser with the exception of the
Seller's prorated taxes in 5.04 and attorney's fees incurred by the Seller shall be paid by the
Seller.
ARTICLE VI. REAL ESTATE COMMISSIONS
Seller shall pay, at Seller's sole cost and expense, any commissions or brokerage fees
associated with this Contract which are owed by Seller. Seller agrees to indemnify and hold
the City harmless from claims made by any person for any such fees, commission or like
compensation claiming to have dealt with the Seller.
ARTICLE VII. BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder
or shall fail to consummate the sale of the Property for any reason, except because of Purchaser's
termination of this Contract or because of Purchaser's default, Purchaser may either terminate the
Contract, enforce specific performance of the Contract, or seek other remedies available at law,
in equity, or by statute. Seller's failure to satisfy Purchaser's objections under Article VI shall
constitute a default by Seller.
Page 4
ARTICLE VIII. BREACH BY PURCHASER
If Purchaser shall fail to consummate this Contract for any reason, except Seller's default
or the termination of this Contract pursuant to a right to terminate given herein, Purchaser shall
be in default and Seller may at its sole and exclusive remedy have the Escrow Deposit paid to
Seller as liquidated damages for the breach of Contract thereby releasing Purchaser from this
Contract.
ARTICLE IX. MISCELLANEOUS
9.01 Effective Date. The effective date of this Contract will be the date the last party
executes the contract.
9.02 Survival of Covenants. Any of the representations, warranties, covenants, and
contracts of the parties, as well as any rights and benefits of the parties, pertaining to a period of
time following the closing date of the transactions contemplated hereby shall survive the closing.
9.03 Notices. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by certified United States mail, postage prepaid, return receipt
requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the
signature of the party hereunder.
9.04 Texas Law to Apply. This Contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Tarrant County, Texas.
9.05 Parties Bound. This Contract shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives, successors
and assigns where permitted by this Contract.
9.06 Legal Construction. In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been
contained herein.
9.07 Gender. Words of any gender used in this Contract shall be held and construed to
include any other gender, and words in the singular number shall be held to include the plural,
and vice versa, unless the context requires otherwise.
9.08 Time. In this Contract, time is of the essence and compliance with the times for
performance is required.
9.09 Attorneys Fees. The prevailing party in the adjudication of any proceeding
relating to this Agreement shall be authorized to recover its reasonable and necessary attorney's
fees pursuant to Sec. 271.159 of the Texas Local Government Code.
Page 5
EXECUTED this , day of F� L,+,-a -c , 2013.
SELLER: PURCHASER:
MICHAEL & NATASHA SMITH CITY OF SOUT . LAKE, TEXAS /
By _Zr ByAS4
C/ Jr _ . --
Nata4' mith f,,- - - •. - ' - • e A. Tl,- -l4_ec
1150 N. White Chapel Blvd. City Manager ,Asst. G /7 µµ 5 r
Southlake, Texas 76092 1400 Main Street
Southlake, Texas 76092
Page 6
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Natasha Smith, known to me (or proved to me on the oath of or
through i n U (-- ' s L c <,...e.. [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 3 1 day of
��a`u'�t -� , 2013. 41 0
Nota Public iii and for
The State of Texas
My Commission Expires: Ott GcL k jr6 ?i_04 Q
Typed or rinted Name of Notary
U- , DJ- I, i S ---
STATE OF TEXAS §
NOLLY GWENOOLYN SLAKE
' IAy Cmiseion ExpNes
§ ,�^�+ October 2�, 2015
COUNTY OF TARRANT § ��
Before me, the undersigned authority in and for said County, Texas, on this day
personally appeared , known to me to be the person whose name is subscribed
to the foregoing inst en an acknowledged to me that he is the Mayor of the City of
Southlake, Texas and is duly authorized to execute this Contract for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the � day of
rdpr 11 , 2013.
p loA.,( . : p
\\.\\,, PA Yti� i / /,
. aY ...... Notary Public in an for
o P , 8 e� '• The State of Texas
s /■ r = n
My Commission Expires: � , of 1, , . f Lost ►�,
'% xP,a ' Typed or Printed Name of Notary
0 -2-7- 2013 %,,, /' o��2� 22. o� ��\ ```\`
Page 7
EXHIBIT "A"
PROPERTY DESCRIPTION
Page 8
EXHIBIT "A"
RIGHT -OF -WAY ACQUISI T1ON
0.0621 ACRES /2, 705 SQ. FT. PARCEL
A POR770N OF THE MICHAEL A. SMITH AND NATASHA C. SMITH TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
DESCRIPTION
BEING a 0.0621 acre tract of land situated in the Thomas M.
Hood Survey, Abstract No. 706, in the City of Southloke,
Tarrant County, Texas and being a portion of a called 1.38
acre tract conveyed to Michael A. Smith and Natasha C. Smith
(Smith) according to the General Warranty Deed as recorded
in Instrument No. D211297834 of the Official Public Records
of Tarrant County, Texas (0.P.R.T.C.T.), and being more
particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod found for the most northerly
northwest corner of the aforementioned Smith tract, said
corner also being the southwest corner of those certain
tracts of land devised to Jomes Clifford Wood, Jr. (Wood)
according to the Lost Will and Testament of Jomes Clifford
Wood as recorded in Instrument No. D197212230 of the Deed
Records of Tarrant County, Texas (D.R.T.C.T.);
THENCE N 88'53'17" E (deed —N 89'40'00" E), with the most
northerly north line of said Smith tract and the south line
of said Wood tract, 245.80 feet (deed- 245.50 feet) to the
most northerly northeost corner of said Smith tract, said
corner also being the northwest corner of a called 0.26 acre
tract conveyed to Kyle Bush according to the General
Warranty Deed with Vendor's Lien as recorded in Instrument
No. 0207059436 0.P.R.T.C.T.;
THENCE S 01'22'45" W (deed — SOUTH), departing the south line
of said Wood tract and with the most northerly east line of
said Smith tract and the west line of said Bush tract, 75.00
feet to an ell corner of said Smith tract, said ell corner
being the southwest corner of said Bush tract;
THENCE N 89'15'03" E (deed— EAST), with the most easterly
north line of said Smith tract and the south line of said
Bush tract, 116.73 feet to o 1/2" iron rod with plastic cop
stomped "TX REG NO 100189 -00" set for the POINT OF
BEGINNING;
THENCE N 89'15'03" E (deed— EAST), continuing with the most
easterly north line of said Smith tract and the south line
of said Bush tract, 35.46 feet to a 1/2" iron rod with
plastic cap stamped "TX REG NO 100189 -00" set for the most
easterly northeast corner of said Smith tract, said corner
also being the southeast corner of said Bush tract and being
in the west right —of —way line of N. White Chapel Boulevard
(variable width right —of —way);
..\Div NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
TBPE FIRM REG. NO. F -356
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 22, 2012
Two Park Lone Place / 8080 Park Lane / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 -4741 08 -10 -076.8
8076— P2— ROW.dwg
EXHIBIT "A"
RIGHT -OF -WAY ACQUISITION
0.0621 ACRES /2, 705 SQ. FT. PARCEL
A POR77ON OF THE MICHAEL A. SMITH AND NA TASHA C. SMITH TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
THENCE S 00'18'08" E (deed —S 01'22'09" E), with the most
southerly east line of said Smith tract and said west right —
of —way line of N. White Chapel Boulevard, 78.42 feet (deed -
78.41 feet) to a 1/2" iron rod found for the southeast
corner of said Smith tract, said southeast corner also being
the northeast corner of a called 3.065 acre tract of land
conveyed to Barbaro Ann Paty (formerly Barbaro Ann Hartz)
according to the Warranty Deed as recorded in Volume 7632,
Page 2174, D.R.T.C.T.;
THENCE S 85'46'52" W (deed —S 87'32'00" W), deporting said
west right —of —way line of N. White Chapel Boulevard and with
the south line of said Smith tract and the north line of
said Poty tract, 33.35 feet to a 1/2" iron rod with plastic
cop stomped "TX REG NO 100189 -00" set for corner;
THENCE N 01'03'40" W, deporting the south line of said Smith
tract and the north line of said Paty tract, 45.75 feet to
corner (unable to monument);
THENCE N 02'54'42" W, 34.71 feet to the POINT OF BEGINNING
and containing 0.0621 acres or 2,705 square feet of land,
more or less. i.
OF
F•�
fAAN ONSULTING ENGINEERS, INC. ae �v1sT 4r 48.. � ∎ 4 i
... L. Melton, R.P.L.S. No. 4268 ` #4268 Q• f
Registered Professional Land Surveyor NI- � o#t�g�a Vii/
• s u ad�
NOT ES: " y
Bearings for this survey are based on the Western Data
Systems Texas Cooperative Network and ore referenced to
NAD83 State Plane Coordinate System, Texas North Central
Zone 4202. Stations DMLN —g and DML2 —g0811 were utilized as
base stotions during GPS data collection sessions.
This survey was performed without the benefit of a title
commitment and may be subject to liens, encumbrances,
easements, rights — of —woy, restrictions, covenants,
reservations or other conditions of record which the
undersigned has not been advised of or is aware of. No
additional research for easements was performed by Nathan D.
Maier Consulting Engineers, Inc. in the preparation of this
survey.
PAGE 2 OF 3
..\IDV ....... NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TBPE FIRM REG. NO. F -356
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 22, 2012
Two Pork Lone Place / 8080 Pork Lone / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 -4741 08-10 -076.2
8076— P2— ROW.dwg
EXHIBIT "B"
PROPERTY SURVEY
Page 9
EXHIBIT " a'
RIGHT -OF -WAY ACQUISITION
0.0621 ACRES /2, 705 SQ. FT. PARCEL
A PORTION OF THE MICHAEL A. SMITH AND NA TASHA C. SMITH TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
R % t\\
JAMES CLIFFORD WOOD, JR. m
INST. NO. 0197212230
t__ D.R. T.C. T. 3
(LAST WILL AND TESTAMENT J NORTH
OF JAMES CLIFFORD WOOD) Q 1 S SCALE: 1 n =60'
Z
UJ
Q
POINT OF
COMMENCING
1/2 IRF r
N 8853'17" E 245.80' O KYLE BUSH / FD. 3/4" ALUM. MONT.
(DEED -N 89'40'00" E, 245.50) n x INST. NO. 0207059436 6 STAMPED "CITY OF
0.P.R. T. C. T. SOUTHLAKE
3 p CALLED 0.26 ACRES GEODETIC MON 26"
a o N 8 975'0 3 " E
N o POINT OF 35.46'
BEGINNING 1/2" IRS
1/2 IRS W/CAP W/CAP
rs
N 8975'03" E 116.73' /i ^ v
(DEED -EAST) W I. W ro
MICHAEL A INST SMITH
NO. 0211297834 C. SMITH N 0254 W•34.71' j / V 130 • a ~
0.P,R.TC.T. � / Q d P N O
CALLED 1.38 ACRES UNABLE TO (I) % 00 V' I. Q
MONUMENT -, / Q ^ O .' 0 (0 N 01 V3'40" WN45.75 o N, W m CZ
W /CAP '/ / N,wQ1
1/2" IRF ik ' 4 O Q
(DEED -S 8730'00" W) O h e • Qi
S 85'46'52" W
ABBREVIA 770N LEGEND 33.35' Q p
D.R. T. C. T. DEED RECORDS OF TARRANT h
COUNTY, TEXAS 0
O.P.R. T.C. T. OFFICIAL PUBLIC RECORDS OF tq
TARRANT COUNTY, TEXAS
P.R. T. C. T. PLA T RECORDS OF TARRANT
COUNTY, TEXAS
CAB., SLIDE CABINET, SLIDE BARBARA ANN PA TY
INST. NO. INSTRUMENT NUMBER (FORMERLY BARBARA ANN HARTZ)
VOL., PG VOLUME, PAGE VOL. 7632, PG. 2174
C.L. CENTERLINE D.R. T. C. T.
ESMT. EASEMENT CALLED 3.065 ACRES
R.O.W. RIGHT - OF -WAY
SO. FT. SQUARE FEET
IRF IRON ROD FOUND
IPF IRON PIPE FOUND
IRS W /CAP IRON ROD SET WITH PLASTIC
CAP STAMPED "TX REG NO
100189 -00"
I M .\IAl NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 3
TBPE FIRM REG. NO. F -356
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 22, 2012
Two Pork Lone Place / 8080 Park Lane / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 -4741
08-10-076.B
8076 —P2— ROW.dwg
EXHIBIT "C"
ACQUISITION DEED
Page 10
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
CITY OF SOUTHLAKE
DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, MICHAEL & NATASHA SMITH, of the County of Tarrant, State of Texas,
for and in consideration of ONE DOLLAR, and other good and valuable considerations
paid by the City of Southlake, a municipal corporation of Tarrant County, Texas, receipt of
which is hereby acknowledged, does hereby grant, bargain and convey to said City, its
successors and assigns, that certain tract or parcel of land in Tarrant County, Texas,
being described as follows:
EXHIBITS "A" and "B ", attached hereto and made a part hereof.
TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes
herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and
forever defend the said conveyed property and rights granted herein unto Grantee, its
successors and assigns every person whomsoever lawfully claiming or to claim the same
or any part thereof.
WITNESS MY HAND, this the day of , 2013.
NATASHA SMITH
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, in and for said County, on this day
personally appeared NATASHA SMITH, known to me to be the persons whose names
are subscribed to the foregoing instrument, and acknowledged to me that they executed
the same for the purposes and considerations therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2013.
Notary Public in and for The State of Texas
Commission Expires:
1150 North White Chapel Boulevard
Traci Riggs
From: Steven Anderson
Sent: Tuesday, February 05, 2013 3:50 PM
To: Valerie Potter; Traci Riggs
Cc: Cristina McMurray
Subject: Re: FW: Michael & Natasha Smith
Follow Up Flag: Follow up
Flag Status: Flagged
The Exhibit B is the correct exhibit, the "A" can be crossed out and labeled "B ". The deed is only an exhibit at
this time. It will be executed once the title company has reviewed the title and sets a closing date.
On Tue, Feb 5, 2013 at 3:33 PM, Valerie Potter <vpotter @ci.southlake.tx.us> wrote:
Could one of you please contact Traci regarding the Smith documents?
Thanks,
Valerie Potter
City of Southlake
Public Works Admin
1400 Main Street, Suite 320
Southlake, TX 76092
817 - 748 -8098
From: Traci Riggs [ mailto :triggs@ci.southlake.tx.us]
Sent: Tuesday, February 05, 2013 3:24 PM
To: Valerie Potter
Subject: Michael & Natasha Smith
Hi Valerie,
1
The documents you brought down for the above mentioned contract of sale reflect a missing or mislabeled
Exhibit B and the Deed is not executed. ??
Thanks,
Traci()
Traci Riggs, TRMC
Deputy City Secretary
City of Southlake
1 400 Main Street, Suite 270
Southlake, TX 76092
817-718-8015 office
817 -718 -8270 fax
Confidentiality Notice: This e-mail message, including any attachments is for the sole use of the intended recipient(s) and may
contain confidential and privileged information. Any receipt and/or response to this email may be considered a PUBLIC
RECORD. If you have received this email in error, please notify the sender immediately. Any unauthorized review, use,
disclosure, or distribution is prohibited.
Steven D Anderson, P.E., CFM
City of Southlake Public Works
Civil Engineer
1400 Main Street, Suite 320
Southlake, Texas 76092
(p)817- 748 -8101
(0817- 748 -8077
2
CSO SIGNATURE FORM
This form must accompany any document sent to the Mayor for signature. The
document must be reviewed and initialed by the Project Manager and Department
Director.
Document Title: Purchaser's Settlement Statement
Date: March 28, 2013
Need Council Action: No
File Project Name: N. White Chapel Widening
Project Manager: Cristina McMurray
stev e YN aOf5c(1
Return to: Valerie Potter @ ext. 8098
X Settlement Statement
Change Order
Letter /Memo
Easement — TO BE FILED WITH COUNTY
Resolution /Ordinance /e -. laim D j�
�� Director approval: _ -,
Robert H. Price, P.E.
For PWA Department Use OnIy
Prior to Execution:
kir Admin Secretary — 2 Document Originals / Cover Signature Form /
Return Address on Doc / Return Address Sent to Engineer as Outlook Contact
Project Engineer /Manager - Initials
'•1:t Deputy Director /City Engineer Initials
r .Assistant to Director Review
Director Signature
1 Admin Secretary - Document Tracking Log
GF #: 13 -00540 RA.TTIKJ _ TJ
PURCHASER'S STATEMENT
Purchaser: City of Southlake, Texas, a home rule municipal corporation
Seller: Michael A. Smith and Natasha C. Smith
Settlement Agent: Rattikin. Title Company
(817)329 -9975
Place of Settlement: 2615 E. Southlake Blvd., Suite 100
Southlake, TX 76092
Settlement Date: March 28, 2013
Property Location: 0.0621 acre out of Thomas M. Hood Survey
Abstract No. 706
Southlake, Tarrant County, Texas
DEBITS
Purchase Price 18,500.00
Escrow Fee Rattikin Title Company 700.00
Copies /Restrictions Rattikin Title Company 16.24
Document Preparation Rattikin & Rattikin, L.L.P. 50.00
Tax Report Tarrant County Real Property Tax Service 60.76
Title Insurance Rattikin Title Company 287.00
Policy Guaranty Fee Rattikin Title Company 2.00
Recording Fees Rattikin Title Company 24.00
e- Recording Rattikin Title Company 3.00
Gross Amount Due From Purchaser TOTAL DEBITS 19,643.00
CREDITS
Deposit or Earnest money
Less Total Credits to Purchaser TOTAL CREDITS
BALANCE
From Purchaser 19,643.00
Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available
from other sources and cannot guarantee the accuracy thereof. The Lender involved may be furnished a copy of this Statement.
Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates
for current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct.
The undersigned hereby authorizes Rattikin Title Company to make expenditures and disbursements as shown and approves same for payment. The
undersigned also acknowledges receipt of loan funds in the amount shown above and receipt of a copy of this Statement.
Note:
APPROVED:
City of So • .ke, Texas, a home rule municipal corporation
By: °' 4"
Name: , - 06. ,) - • LL-
Title: 1M 7L r
Rattikin Title Company
( 13-00540.P FD/13-00540/23)
GF# 13-00540 iRj \r1hIiii ..
AFFILIATED ENTITIES DISCLOSURE STATEMENT
To: City of Southlake, Texas, a home rule municipal corporation
Michael A. Smith and Natasha C. Smith
Re: 1150 N. White Chapel
Southlake, Texas 76092
Date: March 26, 2013
NOTICE
Rattikin Title Company is providing you with certain closing and title insurance services in connection with the
above referenced transaction. Federal law requires that providers of real estate settlement services give the
parties written disclosure of its relationship with other affiliated entities which may provide other services in the
same transaction. This disclosure statement shall give you notice that some or all of the owners of RATTIKIN
TITLE COMPANY hold a beneficial ownership interest in the following entities, which may provide other services
on your behalf in connection with your transaction.
Company Type of Service Provided
AmeriPoint Exchange Services Tax deferred exchange services
AmeriPoint Title Group, L.L.P. Title Insurance Agent
Jack Rattikin Jr., P.C. Legal documentation
Jeffrey A. Rattikin, P.C. Legal documentation
Mortgage Solutions, Inc. Mortgage loan servicing
Rattikin & Rattikin, L.L.P. Legal documentation
Rattikin Exchange Services, Inc. Tax deferred exchange services
Real Estate Information Services Real estate records searches
Tarrant County Real Property Tax Service, Inc. Tax searches
Title Solutions, L.P. Real estate related services
You are NOT required to use any of the above named providers of services as a condition to the closing of your
transaction or the issuance of a title insurance policy. You are advised that there may be other providers
available which offer similar services, and you are free to retain another firm to provide such services to you.
By executing the acknowledgement below, you agree to utilize any services provided by the above referenced
firms in connection with your transaction.
If you have any questions regarding the nature of the relationship between any of the above referenced firms,
please feel free to contact your Rattikin Title Company escrow officer.
(1 3- 00540. P F D/13- 00540/23 )
GF# 13 -00540
AFFILIATED ENTITIES DISCLOSURE STATEMENT
(Continued)
Acknowledgement
1/We have read this Disclosure Statement, and understand that 1/we may purchase settlement services from
some or all of the above referenced firms. 1/We hereby agree to utilize the services of any of the above
referenced firms in connection with the closing of the above referenced transaction, and pay for the services
actually rendered.
BORROWER SELLER
City of Southlake, Texas, a home rule municipal
corporation Michael A. Smith
By: '4 !0
Name: o 4 141 1 Natasha C. Smith
Title: yv\e{
(1 3- 00540. P F D/13- 00540/23 )