Stratford Gardens Addition (Lot 13, Block 1) - Public Access Easement
OFFICIAL RE
CORD
AGREEMENT REGARDING PUBLIC ACCESS EASEMENT
ACROSS LOT 13, BLOCK 1, STRATFORT GARDENS ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
1. Parties. The parties to this Agreement (hereinafter referred to as "the Agreement") are
Christopher L. Crump and Carey A. O'Connor, the owners of Lot 13, Block 1 of the Stratfort
Gardens Addition in Southlake, Texas (hereinafter referred to as "the Owners") and the City of
Southlake (hereinafter referred to as "the City.")
2. Background. When the Stratfort Gardens Addition was developed, the City obtained
and recorded a public access easement on the west side of Lot 13, Block 1 in order to build a
sidewalk to connect Stratfort Gardens with any addition or other development which may be
built in the future on the currently undeveloped land at 530 South White Chapel Boulevard in
Southlake, Texas. The Owners purchased Lot 13, Block 1 on January 29, 2008 and subsequently
constructed a home on the land. The Owners' home does not currently have any permanent
structures on the public access easement.
3. Postponement of Sidewalk Construction. Because the land at 530 South White Chapel
Boulevard is not currently developed and there are no current plans to develop the land, the City
has determined that the planned connecting sidewalk on the west side of Lot 13, Block 1 is not
immediately needed. Accordingly, the Parties agree to postpone construction of the sidewalk
until the land at 530 South White Chapel Boulevard is developed and a sidewalk connection is
available on that land to Lot 13, Block 1. The Owners agree that they will not build a permanent
structure on the public access easement so that the easement is available for the City when the
sidewalk must be constructed.
4. Sidewalk Funds. Owners and the City have arranged for the developers of Stratfort
Gardens, Terra Land Management, Inc., to give the City Four Thousand Six Hundred Twenty
Dollars and no cents ($4,620.00) (hereinafter referred to as "the Sidewalk Funds") within ten
business days of the Parties' execution of this Agreement. The Parties agree that the Sidewalk
Funds are to compensate the City for the fixture expense it will incur in building the sidewalk.
The City will arrange for the Sidewalk Funds to be placed in an interest-bearing account until
needed for construction of the sidewalk. If the land at 530 South White Chapel Boulevard is not
developed within the next thirty years, or the City otherwise determines that the afore-described
0asjr^h~,P .i~rlr C;t,7 `-till return the Sidewalk Funds, less reasonable
administrative charges and expenses, to Terra Land Management, Inc. or its successors or
assigns.
5. Title to Lot 13, Block 1. The Parties agree that this Agreement will be a covenant
running with the land, and be binding on any fixture owners of Lot 13, Block 1. Accordingly, the
City may file the Agreement in the deed records of Tarrant County, Texas.
6. No Waiver of Use. Nothing contained in the Agreement prohibits the City from using
the easement described herein owned by the City in any way consistent with the City's rights
during the period until the sidewalk described herein is constructed.
InDd773b p. 114
Carey A O'Connor Date
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of a_f- Z ,
2009, by Carey A. O'Connor. -
TIFFANY TIPPEN
a? MY COMMISSION EXPIRES
AA I
r 22, 2012
otary u lic in aeojor th tate of Texas 'A; 'r Oo~be
r
r'
Christopher L. rump Date
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the U -day of 0-44-
2009, by Christopher L. Crurpp.
TIFFANY nPPEN i'
MY COMMISSION EXPIRES I
Notary Public i an for tate of Texas
'V October 22, 2012
l~2>~11~0773~ P' 2 ~
- ~Jl~uaut q, ~1
Name Date
Title
On Behalf of the City of Southlake
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the gth day oflaaaw.
,
2009, by ~yi(~un ~1('~nSS on behalf of the City of Southlake, TexasUUAQ
Notary Public in and for the State of Texas
0N1111#11N/p
~P A A.
.G00
? 0
H r %N
s►Q.11} Of iEY'~a
0.200
RETURN TO:
CITY OF SOUTHLAKE
OFFICE OF THE CITY SECRETARY
1400 MAIN STREET, SUITE 270
SOUTHLAKE, TEXAS 76092
)209007736 p. 3~4
awwry•
CITY OF SOUTHLAKE w
OFFICE OF THE CITY SECRETARY
w'rwwww*tw
1400 MAIN ST SUITE 270
SOUTHLAKE TX 76092
Submitter: CHRISTOPER CRUMP
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 4n/01,2 /2009 02:26 PM
007736
4 PGS $24.00
By:
IIIIIII IN III IIII' 111111111111111111111111111111111111111111 IN
D209007736
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: MV