Samuel Freeman Survey, Abstract No. 525 (Lot 28) - ROW OFFICIAL RECORD
CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is made by and between Stephen T. Hagar 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 0.386 acre parcel of land located in the S. FREEMAN SURVEY,
Abstract No. 525, 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; provided,
however, Seller and Seller's heirs, successors, and assigns forever, reserve all oil, gas, and other
minerals in and under and that may be produced from the Property. If the mineral estate is
subject to existing production or an existing lease, this reservation includes the production, the
lease, and all benefits from it. Such mineral reservation shall be included in the Permanent Right
of Way. For no additional consideration, Seller further agrees to grant to Purchaser a one (1)
year Temporary Construction Easement which shall be fifteen feet wide, adjacent and parallel to
and East of the Right-of-Way Line of the Property as shown on Exhibit "13" attached hereto,
which Temporary Construction Easement shall be in the form shown on Exhibit "C" which is
attached hereto. Purchaser may extend the Temporary Construction Easement twice for twelve
(12) month increments in return for $3,028.00 per twelve month period paid to Seller, provided
such payment is received before the expiration of the prior term. 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 NINETY -FIVE THOUSAND NINE
HUNDRED SIXTEEN AND NO /100 DOLLARS ($95,916.00) cash. The purchase price is full
and complete compensation to Seller for the above - described property, the improvements on the
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property (chain link fence, asphalt paving, grass, two -trunk oak tree and three shrubs), the
temporary construction easement for twelve months and any damages to the remainder of
Seller's larger tract from which the property is being taken. Upon payment of the purchase price
and conveyance of title to Purchaser, Seller hereby releases and discharges Purchaser from any
further claims for damages to Seller resulting from Purchaser's acquisition of the property.
ARTICLE III. EARNEST MONEY
$2,500.00 has been tendered by Purchaser to the Seller with this Contract. Purchaser
shall deliver this amount (the "Escrow Deposit ") to Rattikin Title Company, 112 State Street,
Suite 200, Southlake, Texas (the "Title Company" or "Escrow Agent "). The Escrow Deposit shall
be credited towards the cash portion of the sales price at Closing; provided, however, that in the
event the Purchaser shall have given written notice to the Title Company that one or more of the
conditions to its obligations set forth in Article VI have not been met, or, in the opinion of
Purchaser, cannot be satisfied, in the manner and as provided for in Article IV, then the Escrow
Agent shall return the Escrow Deposit to Purchaser.
ARTICLE IV. PURCHASER'S RIGHTS AND OBLIGATIONS
4.01 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 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.
4.02 Survey. Attached as Exhibit "B" is a copy of the survey that Purchaser caused to
be prepared for Property.
4.03 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.
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4.04 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 V. REPRESENTATIONS AND WARRANTIES OF SELLER
Seller, to its current actual knowledge, 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:
(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 its current actual 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 clue arising in connection with the execution of this Contract or from
the consummation of the sale contemplated herein.
This representation and warranty shall survive closing.
ARTICLE VI. CLOSING
6.01 Closing Date. The closing shall be held on or before September 30, 2010, at the
Title Company (which date is herein referred to as the " Closing Date ").
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6.02 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 Grant of
Permanent Right of Way 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) Seller's delivery to Purchaser of a duly executed and acknowledged Temporary
Construction Easement in the form attached hereto as Exhibit "D ".
(3) 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 VI, 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."
(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.
6.03 Failure of Conditions. Should any of the conditions specified in Paragraph 6.02
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.
6.04 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
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Property or any time prior thereto pursuant to a change in zoning, use, ownership or otherwise,
such retroactive taxes shall remain the obligation of Purchaser. This provision shall survive the
closing.
6.05 Closing Costs. All costs and expenses of closing in consummating the sale and
purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser
Survey paid by Purchaser
Environmental and. Engineering Survey, if any, paid by Purchaser
Inspection Reports, if any, paid by Purchaser
Filing fees paid by Purchaser
Attorney's fees paid by the party incurring same
ARTICLE VII. 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 VIII. 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.
ARTICLE IX. 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 X. MISCELLANEOUS
10.01 Effective Date. The effective date of this Contract will be the date the last party
executes the contract.
10.02 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.
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10.03 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.
10.04 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.
10.05 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.
10.06 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.
10.07 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.
10.08 Time. In this Contract, time is of the essence and compliance with the times for
performance is required.
10.09 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.
EXECUTED this 21 day of September, 2010.
SELLER: PURCHASER:
CITY OF SOUTHLAKE, TEXAS
.2 , 4 By cis: *Ate
.
STEP rir T. HAGA R John Terrell, Ma
479 North Kimball Avenue 1400 Main Street
Southlake, Texas 76092 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 Stephen T. Hagar, known to me (or proved to me on the oath of h r n.1G(2 or
through Tit LA, ut ie ' h eE, t [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 /` day of
7/)t &, , 2010.
6` a! PATTY A. BAHR Notary blic in and for
\ Notary Public The Sta e of Texas
• STATE OF TEXAS
My Comm- Exp. 06/29/2011 ■
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for said County, Texas, on this day
personally appeared John Terrell, known to me to be the person whose name is subscribed to the
. foregoing instrument and 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 / -1 day of
seet.04/ , 2010.
ku \uu rir�f��q 4
��� PAY . ��� Notary Public in d for
.4'
sy P The State of Texas
• � of eg
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10 -27 \`` ``��
Page 7
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EXHIBIT "A"
PROPERTY DESCRIPTION
{See attached}
Page 8
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-: 80i:100186" are of iikiligitifid in the 'S. Vrearnart SUrVay, :Abstract No 525,
..,
Southlake, Tarrant 'County; Texat,.and !being a pdrtiOn of a tract of land
conveyed to Stephen .T,:flagar, .by.the deed recorded in Volume 5885, Page 82 ttr,
of the deed retords 'Tarrant County, Texas, Said 0.386 acre of land being •,.•.,
more partioularlytieScrlbad by inetasand bounds as follows:
. . .... :
BEGINNING at a f011ind attheSouthwest corner of said Hagar tract, f!:
•ghti istittaltilfilt6ritei1iticif iNbfitikitriball 'Manua.
4
THENCE N 00° 49' pit" W 379•17 feet, along the West boundary line of ,....,
said Hag er Areel'alid arcing thnterlinail. Avenue to 4
a "PK" nail fbundattlia.NOrthWagt of said Hagar tract;
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THENCE N tir 28-84 . :E" 47.04 feet, along the North undary line of .r4:
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said Hagar tract, la a W iron .rod marked "Brittain & Crawford" set in the
,
new East rightof-waYilne of said North Kiinball Avenue;
.....-:THENoE:,.....-..T.aldiiY6iiiiiiiiktiiit'tight-i5f said N' ottIT:Kimball Avenue
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1, S 00 i . "1" E 0:5'7 feat to al4"ltin •tbd Marked "Brittain !I
& traiiffire at theb'aginrfing of a CUrVe'tolho right, 4.
2. Southwesterly 68.94 - feet, along said curve to the right, having
a raellut of ;447406 tatta•dantrai .a 02° 4T 48"E, and a
etidfcrbaiiffig'-tto'v'szrtiltit t8 fiat lb a W Iron rd marked ,1
"Srittali'fatraiifdrd"satatthe be - ea curve to the left; ?..;
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3. Southweateily • 63.:50leet along said curve to the left, having
a tradipasbif 1 ,i35,00 ft Ow 41' 21 " and a
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choid bailing S "00° 3337' W 63:51f faat to a W iron rod marked ...
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4. , S DO° 471;14' 1 246:03 feet, to a W. iron rod marked "Brittain
& CraWfOrd"tetin"tha'Sbuth boundaryina of said Hagar tract; ..
THENCE S 88° 11' 43.74 .feet, along the South boundary line of
said Hagar tract, to the POINT OF BEGINNiNG, containing 0.386 acre i
• (16;830 land.
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EXHIBIT "B"
SURVEY
{See attached}
Page 9
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VARGHESE CHAMATHIL AND WIFE, •
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CC No. .n5265863, D.R.T.C.I. -.
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I • 2 f AREA TABLE .i
0.386:ACRE
SURVEYED
i I i 16,830 SQ:ST.
ON THE. GROUND
40VO419EK 12:2005 -- 0.212 IN PRESCRIPTIVE
• 7
---.'- y.......... %\ RIGHT-OF-.WAY /, N.,46 ..,
/ , ,, i ,At.- * .70\ %, 0.174 ACRE NET
2 7,594
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• ALL PROTAERFY tiiIiifEcts $ET 4R 1/2 IRON RODS
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4 lEXAS, 76092
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NORTH .KIMBALL AVENUE, PHASE 1, S.H. 114 TO PATTERSON WAY
EXHIBIT ".8" •
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iTherrIN A ORAIWORD - i - ;": - .PERMANtNTIVOHT9F7WAY
. '4366 ...ACIIE . .1.AND . i
TOPOtRAPHIC wApPaic . _ LOCATED THE J1
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flt 7111 • - D'Auu .... ... - fsblit1ARONT . '.COUNTY,
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v il.m.ktfcw2A. , - • TEXAS SCALE 1 " 100'
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//
EXHIBIT "C"
GRANT OF PERMANENT RIGHT OF WAY
{See attached)
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 PERMANENT RIGHT -OF -WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That STEPHEN T. HAGAR, of the County of Tarrant, State of Texas, for and in
consideration of ONE DOLLAR and other good and valuable consideration 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 of Southlake, its successors
and assigns, a permanent right - of-way and the right to construct, reconstruct, and perpetually
maintain a public street and/or drainage facilities and utilities, together with all necessary
appurtenances thereto, and with the right and privilege at any and all times, to enter said
premises, or any part thereof, as is necessary to the proper use of any other right granted herein,
and for the purpose of constructing, reconstructing and maintaining said public street and/or
drainage facilities and utilities and for making connections therewith, in, upon and across that
certain land or parcel of land in Tarrant County, Texas, being described as follows:
a 0.386 acre parcel of land located in the S. FREEMAN SURVEY, Abstract No.
525, 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
The Grantor, and. Grantor's heirs, successors and assigns, reserve forever all oil, gas and
minerals in and under, and that may be produced from, the above property, and if the mineral
estate is subject to existing production or an existing lease, this reservation includes the
production, the lease, and any and all benefits from it.
TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the
purposes herein set forth. Grantor hereby binds himself, his successor and assigns to warrant and
forever defend the said conveyed property and rights granted herein unto Grantee, its successors
and assigns against every person whosoever lawfully claiming or to claim the same or any part
thereof.
' WITNESS MY HAND this day of , 2010.
•
STEPI1 T. HAGAR
w'
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, in and for the State of Texas, on this day
personally appeared STEPHEN T. HAGAR, known to me, or proved to me through
(describe the identity card or other document), to be the same person
whose name is subscribed to the foregoing document and acknowledged to me that he executed
the same for the purposes and consideration therein expressed and in the capacity stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2010.
Notary Public, State of Texas
SEAL Name of Notary Printed
Notary's Commission Expires
•
401Y
EXHIBIT "D"
TEMPORARY CONSTRUCTION EASEMENT
{See attached}
Page 11
•
•
TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Being the owner of the herein - described property, I ( "Owner ") hereby grant to the City of
Southlake, Texas (the "City "), and to the City's Contractors, a temporary construction easement
through a portion of a tract of land conveyed to Stephen T. Hagar by the deed recorded in
Volume 5885, Page 82 of the Deed Records of Tarrant County, Texas for the purpose of
constructing necessary roadway facilities.
The temporary construction easement shall be fifteen (15) feet wide and shall be east of,
adjacent to and parallel to the Permanent Right-of-Way Line shown on Exhibit "B" attached
hereto.
It is understood that during construction the Contractors will of necessity require the
temporary construction easement to accommodate movement of equipment for handling and
placement of piping and supplies, but only as may be necessary, and in no case shall the
Contractor permit equipment to become in contact with, or damage existing buildings or other
permanent lot improvements. It is further understood that the Contractor shall be required by the
City to restore all areas of the lot, relative to fencing, structures, and other improvements to pre-
existing conditions, or better. During such restoration, the Contractor shall slope the surface of
the temporary construction easement to provide a gradual transition between the roadway and the
remainder of the Owner's. property.
This Temporary Construction Easement is subject to the following additional terms and
conditions:
a. The easement shall terminate on the earlier to occur of (i) final acceptance by the
City of the Contractors' work; or (ii) June 30, 2012.
b. The City may extend this Temporary Construction Easement twice for twelve
(12) month increments in return for $3,028.00 per twelve month period paid by the City to
Stephen T. Hagar, provided such payment is received before expiration of the prior term.
Temporary Construction Easement, Permission and Access granted this day of
, 2010.
OWNER:
Stephen T. Hagar
Macintosh HD:Users:gnv2 :Drophox:Law Firm:Client Files:Hagar, Steve:Closing Docs :Temp.Const.Easement.Kimball SiStephen T. Hagar,doc >
Pagel
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, in and for the State of Texas, on this day
personally appeared Stephen T. Hagar, known to me, or proved to me through
(describe the identity card or other document), to be the same person
whose name is subscribed to the foregoing document and acknowledged to me that he executed
the same for the purposes and consideration therein expressed and in the capacity stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2010.
Notary Public, State of Texas
Macintosh HD:Usen:gmz2:Library:rvtai1 Downloads :Temp.Const.Easement.Kimball St.Stephen T. Hagar.doc Page 2
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 PERMANENT RIGHT -OF -WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That STEPHEN T. HAGAR, of the County of Tarrant, State of Texas, for and in
consideration of ONE DOLLAR and other good and valuable consideration 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 of Southlake, its successors
and assigns, a permanent right -of -way and the right to construct, reconstruct, and perpetually
maintain a public street and/or drainage facilities and utilities, together with all necessary
appurtenances thereto, and with the right and privilege at any and all times, to enter said
premises, or any part thereof, as is necessary to the proper use of any other right granted herein,
and for the purpose of constructing, reconstructing and maintaining said public street and/or
drainage facilities and utilities and for making connections therewith, in, upon and across that
certain land or parcel of land in Tarrant County, Texas, being described as follows:
a 0.386 acre parcel of land located in the S. FREEMAN SURVEY, Abstract No.
525, 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
The Grantor, and. Grantor's heirs, successors and assigns, reserve forever all oil, gas and
minerals in and under, and that may be produced from, the above property, and if the mineral
estate is subject to existing production or an existing lease, this reservation includes the
production, the lease, and any and all benefits from it.
TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the
purposes herein set forth. Grantor hereby binds himself, his successor and assigns to warrant and
forever defend the said conveyed property and rights granted herein unto Grantee, its successors
and assigns against every person whosoever lawfully claiming or to claim the same or any part
thereof.
• WITNESS MY HAND this day of , 2010.
STEP1 i T.HAGAR
•
•
r
EXHIBIT "D"
TEMPORARY CONSTRUCTION EASEMENT
{See attached}
Page 11
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, in and for the State of Texas, on this day
personally appeared Stephen T. Hagar, known to me, or proved to me through
(describe the identity card or other document), to be the same person
whose .name is subscribed to the foregoing document and acknowledged to me that he .executed
the same for the purposes and consideration therein expressed and in the capacity stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2010.
Notary Public, State of Texas
Macintosh HD:Users:gmz2:1..ibrary:Mail Downloads :Temp.Const,Easement.Kimball St.Stephen T. Hagar,doc Page 2
v..
wTC. OR-off 1
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.
SPECIAL WARRANTY DEED
Date: t U' ( , 2010
Grantor: ' -`— T. HAGAR and wife, PAUL ' ANN ' GAR
Joined herein by spouse pro forma
Grantor's Mailing Address: 479 North Kimball Avenue
Southlake, Texas 76092
Grantee: THE CITY OF SOUTHLAKE, TEXAS
Grantee's Mailing Address: 1400 Main Street _;,
Suite 460 -
Southlake, Texas 76092
Consideration:
Ten Dollars ($10) and other valuable consideration paid by the City of Sout : ke,
Texas.
Property (including any improvements):
A 0.386 acre parcel of land located in the S. FREEMMAN SURVEY,
Abstract No. 525, 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 will all and singular the rights and appurtenances pertaining thereto, together
with any improvements and fixtures situated on and attached to the Property.
Reservations from and Exceptions to Conveyance and Warranty:
1. Easements, rights -of -way, and prescriptive rights, whether of record or
not, and all presently recorded restrictions, reservations, covenants, conditions, oil and
gas leases, mineral reservations and other instruments, other than liens, that affect the
Property.
b 21021 1 1732 p. 116
Page 1
2. Grantors, and Grantors' heirs, successors and assigns, reserve forever all
oil, gas and minerals in and under, and that may be produced from, the above Property,
and if the mineral estate is subject to existing production or an existing lease, this
reservation includes the production, the lease, and any and all benefits from it.
2. Grantee, by its recording of this instrument, accepts the Property in its AS-
IS CONDITION, WITH ALL FAULTS, Grantors hereby disclaiming all warranties
express or implied, relating to the condition of the Property, its merchantability and
suitability for any particular purpose.
Grantors, for good and valuable consideration, the receipt of which is hereby
acknowledged, grant, sell, and convey to Grantee the Property, together with the rights
and appurtenances thereto belonging, to have and to hold by Grantee, Grantee's
successors, and assigns forever. Grantors binds Grantors and Grantors' successors
and assigns to warrant and forever defend the said conveyed Property to Grantee and
Grantee's successors and assigns against every person whomsoever claiming the
same or any part thereof, by, through or under the Grantors, but not otherwise, except
as to the reservations from and exceptions to conveyance and warranty.
GRANTORS:
<440 ' / a hq_67(s<
. HAGAR
AULA ANN HAGAR,
i)21(013 p. 2 q (,
Page 2
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE MEJ1Lip underrsi ned authority in and for Tarrant County, Texas, on this
day personally appe . Hagar, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed the
foregoing instrument for the purposes and consideration therein expressed.
,(..,r/EN 1 UNDER MY HAND AND SEAL OF OFFICE, this ` day of
, 2010.
My Commission Expires: Nota ublic in and for the
State of Texas
, gy p , , 1 _s s Type or Print Notary's Name
1 1Yt
i ¢ 9 t t i.. 3-
STATE O ^i § oiLL t ,
It
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this
day personally appeared Paula Ann Hagar, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that she executed
the foregoing instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1 day of
OG ,2010.
My Commissio ,Apires „, , „u _ 3 _ „, Nota Public in hfe -the
1 �� �Y 1 �.F i•; .LI. M e of Texas sk,,,, \`q r1
, _,,,k, Z” 4 ,4 - ' t.) ,-` .3
5 Pe or Print Notary's Name
My Coma f:a al4 ° ��s12i�. y ry
After Recording Return to:
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
b2iDV1 P. 3 4
Page 3
,
i
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- ' ....EXHIBIT "`A"
.....,.....;:: ........:.•..............,:..:7;;.:5:A104C31500FiltrION::. .:tV
00101A
! 1
....:.••• . '.. : :-:. :::: :.... • ....•.: i . ....:,:.•': . .:::•••":::440,4'011,01013ALPAytotig,::Alitio , J.:
•• ••."••-•.: •-•:••••..••• .. :::.:-.....: - '''' ,-. •:' ,. ' ... :::liAkottAir' ..: ' :.
• .. . - ... .. • . .. ..• . - •
...... . . . ... .. . . ..
:4E1146 eCte rii land :lbeited :in' tne'S. :FreeMatt Survey, Abstract No. 525, ;...,.:
Southlake, Tarrant 'County, Texas, 'and :being a pdilion' of a tract of land ....,:.:
. ,
conveyed to Stephen -T.::.Hagar, by the deed recorded in Volume 5885, Page 82 ....r.
of the deed records of '..Tarrant t °Linty, Texas, Said 0.388 acre of land being ::::.•
more particularly tletcribed by Mates'and bounds as follows: 'a .
. .
BEGINNING at aPlc' feUrid at the Southwest corner of said Hagar tract,
•and lyiligiti• thie.:deritertitiarif iNorth:KiMball 'Manua. !:
.:.1-
THENCE N 00° 49' 04" W 379.17 feet, along the West boundary line of ...
...}.
said Hager :tradtand along the Centerline •of aaid North'kirritiall Avenue to ::••
a "PK" nail found fitltikNorthWest comer of said Hagar tract;
- • :fl
:•••
THENCE N 88° 28 • • 47.04 feet, along the North boundary line of
. :4
said Hagar tract, to' a .1 ,4" iron rod marked "Brittain & Crawford" set in the ....
new East righttf-Way'llne of said North Kimball Avenue; ...4:
.. . ........... ••••.•.•• ... Ty...:
....-:THENCE s. theifTecir'Eait of said North Kimball Avenue
:• ...''..'.*.::••• foll6k" ::;*::-:::'."..:'' '..::.' ' • . .. - :
• ,
• 1. S 00 c) feet, to a Y2" lton rod Marked "Brittain E
&.:CravVford". at the beginning of a curve to right; ?.
2. Southwesterly 68.94 feet, along said curve to the right, having '.
a Tadiut i ;447X)O• feet a angle of 02° 41' 48.E, and a . 4
Chdrd bearing . •-*StO' . 3 t11.04
feet t0 a lim Iron rod marked ::'.
"Brittairi & tivirrofd" 'set' atthe beginning:Of a curve to the left;
„........_ . ?:
3. Southwesterly . 03.50 •feet along said curve to the left, having
a ratlioa.:Of1 feet; 41' 21' ,and a .•
•
chord bearing 8 33 7 W 63.50 feet to a /z" iron rod marked '
"Briftain4traysiford" set;
'..
4. , S.00 te . 8 2461)3 feet, to a 1 /2". iron rod marked "Brittain
& Cravifor'd"tet in"the South boundary line of said Hagar tract; ••..
THENCE S 88° 11'32 43.74 feet, along the South boundary line of
..,.
said Hagar tract, to the POINT OF BEGINNING, containing 0.388 acre
(10330 squareleet)of land. ..);
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EMORY :NESTER AND WIFE.
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..,..• . v...ivEsnat . $0
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43 1 ''' z...4...r, STEPHEN T. HAGAR .:.f..,
10 to I 0 0 VOL. 5885, PG. 82
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• - • . . .:::;:-.':.. :' ' :61%1 .,..,„
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•VARGHESE CHAMATHIL AND WIFE, SARA :CHAMATHIL
..i
I .- i .:...11 CC No. D.R.T.C.T. ,
m A
VI '. • - .1
cp Is:
I • 4 AREA TABL
Z
I I ■ 0.386 :ACRE 'TOTAL I:
SURVEYED ON THE GROUND • 16,830 'SQ.FT.
iiovEuBER 12.••2008 -----' ' Or :.--,---- 0.212 IN PRESCRIPTIVE
/..- :4S,.........-.4.1:e,..-0,
RIGHT-'OF—WAY
7 ktekpAST44%e \ 7
,•• co,* Or' • Vo'•••, 0.174 ACRE NET
A zz Ez:=_ . •, JAMES L.BRITTAIN .) 7,59450 FT
- - •••:-.,
tiO .;
..:.' • .. PROPERTY CORNER 'NOTE
- AREOISTERErPROFESSI. ''' ' . • 2 •
• • ALL PROPERTY 'dOONERS sm ARE 1/2" IRON RODS
STATE 0 TEXAS Wo 1674 WITH CAP :MARKED•''BRI1TAIN • Ar 'CRAWFORD"
...
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.. 7
. . • .
•
CITY :..: 0 F:-. SOUTH LAKE
• . ... . .
. . . . .. . .::
. • 1 'VAIN "tiltEt 'TEXAS, 76092
NORTH KIMBALL AVENUE, PHASE 1, S.H. 114 TO PATTERSON WAY
EXHIBIT "6" :
13Rrrr t.AND su
6 k
TOPOtRAPHIC WPFIN
• ' • .•• . •• ...• .
4: 11P !. • LOCATED TH
0 RD .: -.::PERMA 0
E
• ( • - , ••• •• , S: . • , FREEMAN , SURVEY .
,..,•,,x.„,:. 017) 221-1047 : .. ..., ..'. '.. ' . . ' ..'
• "6:4" "13" ' 33" 3a" 'Rum . . : ... : . . ' • . :ABSTRACTItes
• .. " -- - ••••tolit4LAKCIAkRKPIT:•toUNTY, •
\ KtIABAllc:ROW28‘ , TEXAS SCALE 1".• 100'
. 1)210M433 P. 3
....,--J
SUEANNE HENDERSON ,.� »• ».
COUNTY CLERK is
6):
100 West Weatherford Fort Worth, TX 76196 -0401
+' ••''' PHONE (817) 884 -1195
CITY OF SOUTHLAKE
1400 MAIN STREET 460
SOUTHLAKE, TX 76092
Submitter: RATTIKIN TITLE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 10/4/2010 3:05 PM
Instrument #: D210244732
WD 6 PGS $32.00
By:
D210244732
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.
Prepared by: DBWARD