A.A. Freeman Survey, Abstract No. 522 (Lot 1) - ROW
OF. I CIAL RECORD
CONTRACT
STATE OF TEXAS §
§ KNOW ALL MEN
§ BY THESE PRESENTS:
COUNTY OF TARRANT §
That JAMES SULLIVAN, JR., JAMES SULLIVAN, SR., and
ELIZABETH BRISTER, known hereinafter collectively as ("the
Sullivans") and the City of Southlake, Tarrant County, Texas,
known hereinafter as ("the City") desiring to formalize and
confirm their agreement and the consideration therefor,
hereby state:
The tracts of land related to this agreement are:
1) that one tract owned by JAMES SULLIVAN, JR. and
described more particularly by field notes on
Exhibit "A" and only generally described on the
drawing;
2) that one tract owned by ELIZABETH BRISTER and
described more particularly by field notes on
Exhibit "B" and only generally described on the
drawing;
3) that one tract owned by JAMES SULLIVAN, SR. and
described more particularly by field notes on
Exhibit "C" and only generally described on the
drawing.
1), 2 ) , and 3) being generally portrayed on a scale
drawing attached hereto and marked Exhibit "D".
The City desires to purchase certain additional right-
of-way from JAMES SULLIVAN, JR. in connection with the
realignment of North Peytonville Road and JAMES SULLIVAN, JR.
desires to sell same to the City and, also the Sullivans
desire to resolve several controversies and contentions that
have arisen between the Sullivans and the City,
In consideration for this sale, the City agrees to pay
$1.44 per square foot for all property transferred to it at
this time and,
The City further agrees that for a period of five (5)
years from the date of this agreement or for such time in
excess of five (5) years as this agreement may be extended
pursuant to the terms herein, that if the City should revise
its development regulations applicable to the Sullivan tracts
so that a building permit cannot be issued for the
construction of a single family residence on any one of the
Sullivan tracts, the City will purchase the affected tract,
whether one or more, at the fair market value thereof. It is
understood and agreed, however, that the City shall not be
OMC1AL RECORD
required to purchase any tract, whether one or more, which is
undevelopable because of the conveyance of all or a portion
of said tracts by the Sullivans among themselves or because
of other actions taken by the Sullivans among themselves
which prevent the development of the property under the
City's development regulations, such action or conveyance
having been made or taken after the date of execution hereof.
Fair market value will be determined by the use of a M.I.A.
appraisal.
The Sullivans understand and agree that in order to
obtain a building permit, the owner of any particular tract
will be required to make a good faith application to the City
to obtain proper zoning, platting and necessary variances,
including (possibly) variances for septic field approval.
If, after making such good faith applications,. a building
permit cannot be obtained for the construction of a single
family residence, the City will purchase the affected tract,
the price being not less than fair market value at the tiihe
of the transaction. If a good faith application to obtain
proper zoning, platting, or necessary variances is pending at
the end of the five (5) year term of this agreement, this
agreement is automatically extended without any further
formality until the said applications are no longer pending.
The City agrees not to unreasonably delay any
application for zoning, platting, or variance, and to fairly
consider same.
The City further agrees that if additional right-of-way
is needed for North Peytonville Road along any of the
Sullivan tracts lying East of the James Sullivan, Jr. tract,
the City will pay not less the fair market value at the time
of the transaction. Not withstanding the immediately
foregoing sentence, the City shall not be required to pay for
right-of-way reasonably required to be dedicated in
conjunction with platting or development of the property.
The obligations and benefits of this contract shall
inure to and bind each of the parties and their successors,
heirs, beneficiaries and assigns, provided however, that
should the Sullivans voluntarily transfer their interest to a
non-party to this agreement who is also not a personal
representative, heir, or beneficiary, the City will have no
obligation to purchase the property should a building permit
not be issued. The right to make the City purchase any of
the Sullivan tracts is personal to each of the Sullivans and
is non-assignable without modifying this contract.
Should the City be required as provided herein to
purchase any of the Sullivan tracts, the City shall complete
such purchase within 120 days of becoming so liable. In the
case of such a sale and purchase, the Sullivans shall be
obligated to furnish good and marketable title, free and
OM XIAL RECORD
clear of any liens or encumbrances other than those created
by the City of Southlake.
This agreement constitutes the entire agreement between
the parties and there are no oral agreements or other
written agreements documenting this transaction. This
agreement may only be modified in writing, the said
modification to be signed by all parties to which the
modification relates.
This agreement is performable in Tarrant County, Texas
and shall be governed by Texas law. Venue of any suit
arising out of this agreement shall lie in Tarrant County,
Texas.
Should any part or portion of this agreement be found to
be invalid, illegal, or incapable of performance, the
remainder of this agreement shall be binding to the extent
that it does not conflict with the portion so invalidated.
SO APPROVED AND AGREED:
ames W. Sullivan Jr.
GZ
ames W. Sullivan, Sr.
Eliz eth Brister
City of Southlake
By:
C*Ifrtied E. H wk,
Authorized Agent and
City Manager
OFFICIAL RECORD
STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, on this day
personally appeared JAMES SULLIVAN, JR., known to me to be
the person whose name is subscribed to the foregoing
instrument, and who being duly sworn, on oath, acknowledged
to me that he executed the same for the purposes and
consideration therein expressed.
h
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of ,JLs"1!5' , 1992.
B.J. COUCH
NOTARY PUBLIC, STATE OF TEXAS /
Commas= EXP
1409(P.46PUBLIC, STATE OF TEXAS
STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, on this day
personally appeared JAMES SULLIVAN, SR., known to me to be
the person whose name is subscribed to the foregoing
instrument, and who being duly sworn, on oath, 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
day of v~ 1992.
BA
NOTARY PUKr. STATE OF TVW
COMMISSION EXPO-:31•':li.
NOT PUBL C, STATE OF EXAS
STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, on this day
personally appeared ELIZABETH BRISTER, known to me to be the
person whose name is subscribed to the foregoing instrument,
and who being duly sworn, on oath, acknowledged to me that
he executed the same for the purposes and consideration
therein expressed.
Z ~i
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of 1992.
LA COUCH
NOTARY PtWC, STATE OF TEXAS
SON WMES - 3 ; OT PU C , STATE OF TEXAS
OFFICIAL RECORD
STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, on this day
personally appeared CURTIS E. HAWK on behalf of the City of
Southlake, known to me to be the person whose name is
subscribed to the foregoing instrument, and who being duly
sworn, on oath, acknowledged to me that he executed the same
for the purposes and consideration therein expressed, and
further that he was authorized by the said City to execute
this instrument.
GIVEN E MY HAND AND SEAL OF OFFICE, this the
day of 1992.
RA OfAY KIM, E US H Notary Public NO AR PUBLIC, STATE OF TEXAS
STfiTE OP TEXAS
Corm Ew
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OrFICIAL RECORD
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( T::ACT ONE
P.l? t:lat ^a~'.:air: toy, "act or parcel of land located in the A. A.
FREZIMA1V ?!n'%E'~, A;:s-ract X22, Suu.hlake, Tarrant County, Ta::as,
being a portion of that certain 26%.233 acre tract conveyed to
AR• 1TJA/JN5 PARTNERS, L.P. 11 , a n8lawara Li.mj ted Partnershi p ,
formerly as $_-%t!-.wind Partners L.P., by deed recorded in
Volume 98e":3, Pare 348, geed Records, Tarrant County, Texas (D.R.,
T.Co., Ty..), and bei7,Lg more .particularly described by metes and
bounds as follows:
BEG+NN.LNG at a point fcir corner in a common North line of aforesaid
267.239 acre tract and that, certain subdivision plat of Southrldge
Lakes Phase III, Section One, according to the plat recorded in
Cabinet A, Slide 792, slat Records, Tarrant County, Te:cas, said
point of 'zeginn n also being the Southwest corner of that certain
called 0.86 acre tract conveyed to J. W. Sullivan, Jr., st ux
Conna, by deed recur drd in Vo:ume 6824, Page 312: Deed Records,
Tarrant Coy::: ter, Texa:- , said p,-i n t bears ?`Sort. 89 degrees 01 minute
7 s^econda :.a£'.' lol-45/106 feet from the mcst westerl-7 ;;Grt:.iJt_°St
corer of 3~„~8:j1L?:1L~JL:?Cr :267 .239 acre tract;
THEtiCu wi t.2 aald common inn, North sci degrees C: mynate l~ seconds
East 40$-;.?f ;tit; Itet LA v p01:2t iC:i the co=on Southeast a.St CJ.:":Zc?2' Of
said 7. `n . SQi3 i val:, •7r . , et :rac~ and cuthwes- C^
~rr.::r o-. .:at
carta cc:2ed 0. a6?. acre tr:zL.t rvnveyed t ~ za'eet 5u' :ivan
3r iste_ o,: c:aEu' c...rde~i in 8639, Pare T . Co
THE. N
CE dares-a .1nc: Sal c:33;tmc.r! Sou`_ 1]6ne arc.1 wi':h an extensic_:j Jt a
tine ccru7av.: t:,j afcrc,yald 0.85 and 0,362 ac.^e trar~-ts, South 26
degree,; 34 Tt t1 t1 04 seconds East -9a,'ZOG :=At to a :fit f
pc:. or
corner In far.: - lane;
: I:."•.is G tl'?~ t►? ~3Z•1 4-~ ~i:i Lam, .`^~Ci :~:.Z sc: de-rees 0r, ::1~:112`?S .:2 j@c^ n
ii e t 2_u-1.:•7i s` ~ G:.c S rYua8 e=e, 14 ~ 221 seconds
w F3."a: 3ci~d fer,aq a I-Ine e:i'~2 .~~^J11
c*_• sa? d ::ne
P:~~~a 1 of ~
OFFICIAL RECORD
r geld Not s
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?Vvver,~:.lar 2 5 , ~ 3
Page 2 of 2
THIeNCc dew l-tln. sayer n .rt
< a,:c. , iir:.. 25 deC: e?s 2 ~ minutes 49 sec :nds
West 7-72; 2,aCl feet to t:Z& p,ace of beginning and ccntaini ng some
1,6&9 sc ;"are feet rz• v". 0384 acre.
•a.(~•'~;-•r.. Prepared from
record and
au: veys made on the
%Lr; • -round In Novemaer,
1991
~ .~j: ,,icy. ,'1•l,
David A. White
No. 1824
(See attached Exh-ibi t Map)
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UFFICIAL RECORD
ydtP •_;..J• .3f: ...J _ ,:.i.1^,..... ..''15UI::lflf
`icvem'rer Z i , _99
( L''1C : i3G )
Al ~ha : certaj .o t a et a parce~ or iar_ oca ed In .:~w .
1T M.. t v.. . t ^
1;cEEMA..~ SURaE. Tarrant .6 ~ .,cunt~j , Taxas,
being a pcrtion of cleat cer .ain 267.239 acre tract ccmveyed to
A.RVIDA/3-M-B PA:'Z?'Ns.RS, P. 11-1, a Delaware Li^i ted Partnarahip,
formerly )nawn as Sont'iwlnd Fartners L.P., :y deed recorded in
Volume SSG,3, Page R48, Deed Records, Tarrant County, Texas (i .R. ,
T.Co., Tx.), a. -.d being ►acre particularly described by metes and
bounds as '&ollowi:
MuINNI*iG at a point .o* corner in a eommor. North line or aforesaid
267.239 acre tract are'e, that cWrta?n subdii ision plat of Soizthridge
Lakes Phase III, Section One, according to the plat recorded to
Cabinet A, Slide 782, Flat Records, Tarrant County, Texas, said
point of begirn nag also being the Southeast corner of that certain
0.86 acre tract conveyed to J. W. Sullivan, Jr., et ux by deed
recorded in Vc 1 L:me 63 ^ 4 , ?age 312, d . R . , 0 . Co . , T;c. , and S07141.4 :ve^ t
corner cf that certain 0.862 ac--;:~ tract co:iveVZd to E1_ atat"4
Sul 3 J van 3rister, by deed re+: ~rdeci in Vol ume 8639, Page :553. O .R. ,
T .Co., _x., said po-4 nt of beg=nn, ng bears North 39 Q-tag:r9es 01
minute 27 sktconds East 5u:.-c4/100 feet t=om the most westdrly
Nortriwest corner o! a+or em~-.nzloned 257.239 acme act
1 l.ae =1'wi~i<a ..J S. S•.^'.O • ..i .1 ci .Y': an- SClrV
Eliza e-,'. Su_2 2. van 3rister 0 . 362 acre tract, 'North, 39 Warr ses 01
minute I- zeoo::.:s °26t :s~-59.'100 ~aet to a for t'a c,nnaon
Sout;:ea,t cc.r_eN a~ sa_•I iza~:et': Sur_.van 3r3era: tract and
Scutnzves t corner of a c:3- led '.62 acre r en
a:nc;P~ C f tea czr :ai::
ca1_ed 3.,2-,7 acre tract va LNG tc J. W. Sullivan, at deed
recorded in Voiw•re 3370. ?'::ese 647D . i . T . Co . Tx.;
.
LV, zi~r~ iT~ ttn.3 r'a-.i -11xa cf 3a~ ZI~:a'aa. i::~:
to a ro:.._. '_n a:
3 -1 a~: ~es ti m a• ~4 sec~r.~ ~ sv:.~
:d9-c5/ICS? :ate- Lc a -,o_nt at _z3 irT°rsect_on .r! a:cz•44aid west'
OFFICIAL RECORD
c :ald Nags
r
Novetnter 25, "491
Page 2 of 2
THENCE 3ePar°:: r.,j sa 1 d 2'2ncQ , .:o. t:: 2F degrees 34 mlnutrus 04 seconds
West 0-941100 +eat t~; the place of begInn_ng and c•znta_n;n r some 93
square feet or 0.0021 acre of land.
Prenared frow records and
surveys mace on the
ground In November, 1991.
°t ::ter ^r David A. Wh1.a M.
R.P.~,.S. No. 1824
(See a.t _ac ed Mxhiblt :fag)
C . TICIAL. RECORD
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(TRACT HRZ. 1
All t:la -z ::erta,:: let tract or parcei or lard 2oca,-d in The A.
FREEMAN SO VEY, Abst" act 523, Sout.alake, Tarrant County, Texas,
being a portiar, of that certain 2G7.239 acre tract conveyed to
ARV1DA/ 7M. 2 PAIRT74ARS, L.?. 3:::, a Lelawar a Lim-it ed ?a--, t.zersh!M ,
:armer'.Y known as Scuthwizd Partners T .P. , by deed recorded in
Volume 9563, Page $4a, Deed Records, Tarrant Country, Texas (D.R.,
T.Co., :x. j , and bPtng more particularly described by metes and
bounds as fo;lows:
BEGINNING at a point for corner In a common North line of aforesaid
257.239 acre tract and that certain subdivision plate of Southridge
Lakes ?!base 111, Secttor, One, ancording to the pls. recorded in
Cabinet A, Slide 782, Plat Records, Tarrant Cou-nty, Texas, said
point of bagirning also beinca the common Southeast c%0 - Of that
certain C.8C2 acre tract conveyed to Elizabeth Sullivan Bris•ter, by
deed recorcrd i y~sl w:.►e 8629 , Page 1653 , D . R . , T. Co . , Tx. , and
°cul*hwest Corner of tale 1.62 ac- _e remainder o: t. at certain 3.25
acre trar,.: con•*-.-pI! 4 tc J. W. Su?1Ivan, et Z:t, by deed rscorded in
Vol Liine 3,3`4T.), Pagme G47, D . , CJ , Tx., sa-4 d ~Or n : }Dears No. La 89
degrees C1 minute 17 seconds East 695-23/10C :eet i:om the :nos.
wester'v Nor-chsvesr corner of a:orementiored 207.239 acre tract;
a _..::e c^mrao. ;sal : , acre a and aaor sae.,
T • •
Er w-. ".5.'n ~3• i•a
v ic.^s acre t z-aC•.v :f.'~ t1 d..eg-es -.ec 0 RI.. S~LL..
1': sec _ in a Noi -h-scu-, t.?n e
u l y ..S Jcrt h 89 elec. ^ae:01
fcr COr.:~l , . 4~'nilP Wt.~~.il .C= I tw..Ci Jam'
minutle 1' seccrLfhs East 'foot:
THETM B.' with a .-_r.^e, CC degrees 135 mirures 51 saconda Zast 0-
86/1-00 `cot to a :anc;e corner pos far c::^ar
S Wes,_ I-I n a. dew
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_ 'ICIAL RECD
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.Tract TY.z•ee
Navemi"er
Page 2 01 2
THENCE dercirting sa:d ce ! rtort!: ?d degr--e
West 0-14,1100 fc)ur: to the place of beginning and some 82
square feet or score 0.00,1. ac;'e of land.
Pr9cared from records and
: ~ r' •j•>t,~! ice` S;lr°JG~173 made an the
ground in November, 1991,
blo. 1824
(Se attp-c,ied Exhibit Ma-
A000 . . i. • t • . .
OFFICIAL RECORD
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