Glosser Addition (Lot 1, Block 1) - Public Access Easement and Sidewalk (..)
OFFICIAL RECORD
. .
AGREEMENT REGARDING PUBLIC ACCESS EASEMENT AND SIDEWALK
ACROSS PROPOSED LOT 1, BLOCK 1, GLOSSER ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
1. Parties. The parties to this Agreement (hereinafter referred to as "the Agreement ") are T.W. Glosser
and Debra Glasser (hereinafter referred to as "the Owners "), the owners of proposed Lot 1, Block 1 of the
Glosser Addition in Southlake, Tarrant County, Texas, being more particularly described in Exhibit "A" and
graphically depicted in Exhibit "B" attached hereto (hereinafter referred to as "subject property") and the City
of Southlake (hereinafter referred to as "the City. ")
2. Background. When the subject property was proposed for subdivision to the City, a minimum 4' wide
sidewalk and a minimum ten foot (10') public pedestrian access easement along the street frontage was
required by the Subdivision Ordinance No. 483, as amended and became a condition of approval on the east
side of subject property along the frontage of N. Peytonville Avenue in order to build a sidewalk to connect
communities to the north and south. The properties to the north and south of subject property do not
currently have any permanent sidewalk structures.
3. Postponement of Sidewalk Construction. Because the land to the north and south of the subject
property do not currently have connecting sidewalks and there are no current plans to install connecting
sidewalks, the City has determined that the required sidewalk on the east side of the subject property is not
immediately needed. Accordingly, the Parties agree that the Owner may postpone construction of the
sidewalk until a sidewalk is constructed on either the land to the north or south of the subject property. The
Owners agree that they will not build a permanent structure on the public access easement other than the
subject sidewalk so that the easement is available for the City when the sidewalk must be constructed.
4. Sidewalk Funds. If at the time the Owner(s) applies for a certificate of occupancy, for the house
constructed on the lot, Owner(s) has not constructed a sidewalk across the front of the lot consistent with the
City of Southlake Sidewalk Ordinance, Owner(s) have agreed to give the City Five Thousand Four Hundred
Seventeen Dollars and Sixty Cents ($5,417.60) (hereinafter referred to as "the Sidewalk Funds "). The
issuance of the certificate of occupancy will be specifically contingent upon, at Owner(s) option, the
construction of the sidewalk or the payment of said fees. The Parties agree that the Sidewalk Funds are to
compensate the City for the future 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 a
sidewalk is not constructed on the land either to the north or south of the subject property within thirty years of
the execution date of this agreement, or the City otherwise determines that the afore - described sidewalk is
not necessary or desirable, the City will retum the Sidewalk Funds, Tess reasonable administrative charges
and expenses, to T.W. & Debra Glosser or to their successors or assigns. If after the issuance of a certificate
of occupancy and payment of the Sidewalk Fund, the Owner(s) then elects to construct the sidewalk, the
Sidewalk Fund will be paid back to the Owner upon the completion of said sidewalk.
5. ' Title to Subject Property. The Parties agree that this Agreement will be a covenant running with the
land, and be binding on any future owners of subject property. 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.
Case No. Attachment 1
ZA 08 -091 b2b'1I1447 Page 1
AIt a Read a/#2. a/ p. I�� •
T. ":`losser Date
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the I Z day of J UM C) , 2009, by T. W.
Glos �•.
•
&MAI PIKE
/► PC-G MY COMMISSION N • ary • blic i nd for the State of Texas oaoea, EXPIRES
De ra Glosser Date
STATE OF TEXAS §
COUNTY OF TARRANT § //'
This instrument was acknowledged before me on the I o .'+ ay of V LIA- e , 2009, by Debra
Gloss
Nota Public in a for the State of Texas
SARA,1. PIS
titi t MY COMMISSION EXPIRES
Case No. Attachment!
ZA 08 -091 Y 209129447 Page 2
G
r '
Aillat
Nam = / J � , � Date ^
Title J� �/
On Behalf of the City of Southlake
STATE OF TEXAS §
COUNTY OF TARRANT §
M1d
This instrument was acknowledged before me on the 2 day of -1A.eu2-- , 2009, by
3+(y1 [09 on behalf of the City of Southlake, Texas.
4 9 M
Notary *1f'. in and for t a State of Texas "'w ` ° CLAYTON E. COMSTOCK
�'' No Public, State of Texas
My Commission Expires
%•a..1„ November 14, 2009
Case No. Attachment 1
ZA 08 -091 b2b91014 7 Page 3
P 19
EXHIBIT "A"
Flan NOTES FOR EAST PORTION:
BEING A TRACT OF LAND OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT N0: 253, TARRANT COUNTY.
TEXAS. AND BEING A PORTION. of A TRACT OF LAND AS DFSCRIRFf! IN OF :ED RFC(1RI)ED 11.1 COI INTY
CLERKS NO. 0204253179. DEED RECORDS. TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT .A POINT LOCATED IN THE CENTERLINE OF PETTONVILLE AVENUE FOR THE NORTHEAST
CORNER OF .TRACT BEING DESCRIBED. SAID POINT BEING LOCATED 43,56 FEET NORTH 89 DECREES 12
MINUTES 23 SECONDS EAST FROM THE SOUTHEAST CORNER OF LOT 1. BLOCK A. CEDAR CREEK
PLANTATIONS, AN ADDITION TO THE CITY OF SOUTHLARE, 'TARRANT COUNTY. TEXAS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 388 -188. PAGE 78, PtAT RECORDS, TARRANT COUNTY, TEXAS. AND BY
-DEED BEING THE NORTHEAST CORNER OF SAID ..401-IN CtIILDRESS SURVEY:
'HENCE, SOUTH 00 DEGREES 06 LtINUTES 00 SECONDS EAST 270.88 FEET ALONG- THE CENTERLINE
OF SAID PEYrONVILLE AVENUE TO A POINT FOR THE SOUTHEAST CORNER OF TRACT 'BEING DESCRIBED:
THENCE SOUTH 89 DEGREES 08 MINUTES 20 SECONDS WEST 31.66 FEET TO A 1/2" IRON PIN
FOUND FOR THE NORTHEAST CORNER OF LOT 1, BLOCK 1, TRAIL CREEK, FIRST PHASE. AN ADDITION
TO THE CITY OF SOUTHLAKE, TARRANT COUNTY. TEXAS. ACCORDING TO- THE PLAT RECORDED IN
VOLUME 388 -85, FAG 30, PLAT RECORDS, TARRANT COUNTY. TEXAS. AND CONTINUING IN ALL 943.10
FEET ALONG THE NORTH UNE OF SAID BLOCK 1, TRAIL CREEK. FIRST. PHASE AND THE NORTH LINE
OF LOT 7, BLOCK 1, CEDAR DO
OAKS ESTATES, AN AmON 70 THE CITY OF SO4JTMLAKE. TARRANT
COUNTY. TEXAS. ACCORDING TO THE .PLAT RECORDED IN VOLUME 388 -127: PAGE 9, PLAT RECORDS,
TARRANT COUNTY, TEXAS. TO THE CENTERUNE OF A CREEK 11E0 FOR THE SOUTHWEST CORNER OF
TRACT' BEING DESCRIBED;
THENCE THE FOLLOWING CALLS AND DISTANCES ALONG THE CENTERLINE OF SAID CREEK BED:
THENCE NORTH 02 DEGREES 25 MINUTES 45 SECONDS EAST 103.92 FEET:
THENCE NORTH 50 DEGREES 26 MINUTES 45 SECONDS EAST 76.63 FEET: •
THENCE NORTH 20 DEGREES 22 MINUTES 25 SECONDS EAST 58.62 FEET;
THENCE 'NORTH 35 DEGREES 22 MINUTES 49 SECONDS WEST 55.56 FEET: ;
THENCE NORTH 25 DEGREES 27 R4INL TES 48 SECONDS EAST 24.75- FEET TO i}IE SOUTH LINE
OF BLOCK A. CEDAR CREEK PLANTATIONS, AN ADDITION TO NE CITY OF SOUTHLNC ; TARRANT
COUNTY, TEXAS. ACCORDING TO PLAT RECORDED IN VOLUME 388 -188. PAGE 7B. PLAT RECORDS.
TARRANT COUNTY, TEXAS. FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 89 DEGREES 12 MINUTES 23 SECONDS EAST 873.54 FEET ALONG, THE SOUTH
LINE OF SAID BLOCK A, CEDAR CREEK PLANTATIONS TO WE POINT OF BEGINNING AND CONTAINING
5.850 ACRES OF LAND, IA0RE OR LESS
Case No. Attachment 1
7
ZA 08 -091 MIMI/ Page 4
13.4 al hi
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Case No. ��-V '1,I Attachment 1
ZA 08 -091 1G�IJ Page 5
•
+ . SS 1 y 1 u 1 . . r
CITY OF SOUTHLAKE
*
1400 MAIN ST #310 ' * � `r
SOUTHLAKE TX 76092
Submitter: CITY OF SOUTHLAKE
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 Re! istration: 07/15! 009 12:66 PM
Instrument . D2091.:447
A - GS ;32.00
By:
11111 11111 11111 11111 11111 11111 11111 1 11111
D209189447
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.
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