Item 4DCITY OF
SOUTHLAK -E
MEMORANDUM
(February 1, 2011)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve the purchase of water line easements for TW King 30"
water line from property located on the south side of SH114
from proposed F.M. 1938 to Solana Blvd
Action
Requested: Approve the purchase of water line easements for TW King 30"
water line from property located on the south side of SH114 from
proposed F.M. 1938 to Solana Blvd.
Background
Information: On February 20, 2007, the City Council awarded a contract to
Freese and Nichols to perform a Route Analysis Study to
determine possible alignments for the new water supply pipeline to
the T.W. King Pump Station located in the northern portion of the
city. Two routes were evaluated and based upon the results of
that study; an alignment along the proposed FM 1938 and SH114
right of way was selected as the preferred alternative. On
December 18, 2007, the City Council awarded a contract to Freese
and Nichols for the design of segments A and F since these were
common to both routes analyzed. A construction contract for
Segments A and F were awarded to Circle C Construction on
February 3, 2009 by the City Council and construction was
completed in July of 2010.
The City Council awarded the design on the remaining segments,
B, C, D, and E to Freese and Nichols, Inc. on March 3, 2009. The
alignment for these segments is along the proposed F.M. 1938 and
SH114 through the Town of Westlake.
A 30 foot permanent water line easement is required along SH 114
from the proposed F.M. 1938 to Solana Blvd. for the construction of
segment E. In addition, a 20 foot temporary construction easement
will also be acquired which will expire six (6) months after
construction is completed.
The two properties were appraised and a total value of
$317,100.00 assigned to the easements. Below is a detail of the
appraised value:
Tract 1:
30' permanent easement $216,700.00
20' temporary construction easement $ 54,200.00
Tract 2:
30' permanent easement $ 36,600.00
20' temporary construction easement $ 9,600.00
Total Appraised Value $317,100.00
The temporary construction easement is based on a lease for a
twelve (12) month period. The City of Southlake has the option to
extend the term of the of the temporary construction easement for
a period of greater than the initial twelve (12) period twice if needed
at the cost of the appraised value of the temporary easement.
Also as a condition of this easement, the City of Southlake has
agreed to cooperate with the property owner to allow an
overlapping gas transmission pipeline easement on top of the 30
foot permanent water line easement with the understanding that
the horizontal distance between the centerlines of the 30 -inch
water pipeline and a future gas pipeline be no less than fifteen (15)
feet.
Financial
Considerations: Funding for the permanent water line easement purchase is
available in the FY 2010 capital improvement program budget.
Strategic Link: The construction of the 30 -inch water line links to the city's strategy
map relative to the focus areas of Infrastructure and Performance
Management and Service Delivery. The specific corporate
objectives that are met by this purchase is investing to provide and
maintain high quality public assets and providing high quality
customer service.
Citizen Input/
Board Review: N/A
Legal Review: The Contract of Sale for both properties has been reviewed by the
City Attorney.
Alternatives: The City Council may approve or deny the request for purchase of
water line easements for TW King 30" water line from property
located on the south side of SH114 from proposed F.M. 1938 to
Solana Blvd.
Supporting
Documents: Location Map
Contract of Sale(s)
Staff
Recommendation: Approve the purchase of water line easements for TW King 30"
water line from property located on the south side of SH114 from
proposed F.M. 1938 to Solana Blvd.
Staff Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Michelle McCullough, P.E., Civil Engineer
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CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is made by and between Maguire Partners - Solana Land,
LP 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 Water Line Easement situated in Tarrant County, Texas, which is more particularly
described as follows:
a 2.646 acre tract of land located in the W. H. Pea Survey,
Abstract. No. 2025, J. Henry Survey, Abstract No. 742, W. Medlin
Survey, Abstract No. 1958, & C. M. Throop Survey, Abstract No.
1510, in the Town of Westlake, 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. For no additional
consideration, Seller further agrees to grant to Purchaser a Temporary Construction Easement
which shall be twenty feet wide, adjacent and parallel to the permanent water line easement as
shown on Exhibit "C" attached hereto, which Temporary Construction Easement shall be in the
form shown on Exhibit "D" which is attached hereto. For any reason that the City of Southlake
has need of extending the term of the Temporary Construction Easement for a period of greater
than the initial twelve (12) month period, the parties agree to extend the Temporary Construction
Easement twice in twelve (12) month increments, if necessary, in return for $54,200.00 per
twelve month period paid to Seller, provided such payment is received before the expiration of
the prior term. As a condition of this easement, Purchaser agrees to cooperate with the Seller to
allow an overlapping gas transmission pipeline easement on top of the easement described by
this agreement with the understanding that the horizontal distance between the centerlines of the
subject 30 -inch water pipeline and the future gas pipeline be no less than fifteen (15) feet. This
Contract is made for the consideration and upon and subject to the terms, provisions, and
conditions set forth below.
Page 1
ARTICLE II. PURCHASE PRICE
The purchase price for the Property shall be TWO HUNDRED SEVENTY THOUSAND
NINE HUNDRED AND 00 /100 DOLLARS ($270,900.00) cash.
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
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
Page 2
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, 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 due 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 V. CLOSING
5.01 Closing Date. The closing shall be held on or before February 18, 2011, 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 Grant of
Permanent Right of Way in the form attached hereto as Exhibit "E" 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.
Page 3
(2) Seller's delivery to Purchaser of a duly executed and acknowledged Temporary
Construction Easement in the form attached hereto as Exhibit "F ".
(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.
5.03 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.
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 Purchaser. 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 as follows:
Owner's Title Policy paid by Purchaser
Survey paid by Purchaser
Page 4
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 parry incurring same
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.
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 parry
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.
Page 5
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.
EXECUTED this day of
SELLER:
Maguire Partners - Solana Land, LP
Southlake, Texas 76092
2011.
PURCHASER:
CITY OF SOUTHLAKE, TEXAS
John Terrell, Mayor
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 known to me (or proved to me on the oath of
or through [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
, 2011.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
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 day of
, 2011.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
Page 7
EXHIBIT "A"
PROPERTY DESCRIPTION
30' PERMANENT WATER LINE EASEMENT
Page 8
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT WATERLINE EASEMENT No. 1
BEING 2.646 acres of land located in the W. H. Pea Survey, Abstract. No. 2025,
J. Henry Survey, Abstract No. 742, W. Medlin Survey, Abstract No. 1958, & C. M.
Throop Survey, Abstract No. 1510, Town of Westlake, Tarrant County, Texas,
being the portion of the tract of land designated as Tract 2 in the deed to Maguire
Partners - Solana Land, L.P., recorded in County Clerk's file number D203231446,
of the Deed Records of Tarrant County, Texas. Said 2.646 acres of land being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the most Northerly South boundary line of said Maguire
Partners tract, and the North boundary line of Lot 1, Block 1,
Westlake /Southlake Park Addition No. 1, according to the Plat recorded in
Volume 388 -214, Page 78, of the Plat Records of Tarrant County, Texas,
located S 89 26' 14" W 52.49 feet from the most Easterly corner of
said Maguire Partners tract;
THENCE S 89 °26' 14" W 37.15 feet, along the North boundary line of
said Lot 1, Block 1, to a point;
THENCE along a line 60 feet South of and parallel to the Southwest right -of-
way line of the State Highway No. 114, as follows:
1. N 36'42'30" W 36.85 feet, to a point;
2. N 64 °53' 18" W 48.64 feet, to a point;
3. N 54'48'39" W 404.53 feet, to a point at the beginning of a curve to
the left;
4. NORTHWESTERLY 384.73 feet, along said curve to the left having a
Radius of 2649.79 feet, a central angle of 8 19' 08 ", and a chord bearing
of N 58 °58' 13" W 384.39 feet to a point at the en d of said curve;
5. N 63'07'47" W 399.89 feet, to a point;
6. N 71'36'59" W 1436.05 feet, to a point;
7. N 77'59'34" W 746.72 feet, to a point;
8. N 71'36'59" W 230.68 feet, to a point;
THENCE S 33'26'57" W 88.01 feet, to a point;
THENCE N 73 28'32" W 30.00 feet, to a point in the new East right -of-
way line of Precinct Line Road
THENCE N 16'31'28" E 58.98 feet, along the new East right -of -way line
of Precinct Line Road, to a point in the South line of an existing Utility
Easement, dedicated to The City of Southlake, by the deed recorded in
Volume 13679, Page 124, of the Deed Records of Tarrant County, Texas;
THENCE along the South line of said Utility Easement, as follows:
1. S 71'36' 59" E 16.44 feet, to a point;
2. N 18 °23' 01" E 28.74 feet, to a point;
3. N 59'32'44" E 37.55 feet, to a point;
G 2009`:LASLMLNI S I \SL WI L 09 PERM W'A 1 0I.doc
THENCE continuing along the South line of said Utility Easement, and along
a line 30 feet South of and parallel to the Southwest right -of -way line of
State Highway No. 114, as follows:
1. S 71 °36' 59" E 242.62 feet, to a point;
2. S 77 °59' 34" E 746.72 feet, to a point;
3. S 71 °36' 59" E 1439.95 feet, to a point;
4. S 63'07'47" E 402.12 feet, to a point at the beginning of a curve to
the right;
5. SOUTHEASTERLY 389.09 feet, along said curve to the right, having a
Radius of 2679.79 feet, a central angle of 08 19' 08" and a chord bearing
of S 58 °58' 13" E 388.74 feet to a point at the e nd of said curve;
6. S 54 °48' 39" E 401.88 feet, to a point;
7. S 64 °53' 18" E 53.53 feet, to a point;
THENCE S 36'42'30" E 66.29 feet, to the POINT OF BEGINNING,
containing 2.646 acres (115,250 square feet) of land.
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EXHIBIT `B"
SURVEY
30' PERMANENT WATER LINE EASEMENT
Page 9
EXHIBIT "B"
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Rad: 1432.50'
Tan: 203.18'
Chd: N 26 ° 29'29" E
Arc: 403.66'
CA: 16 ° 08'43"
402.33'
L2
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185.45'
L3
N 16'31'28" E
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30.00'
L5
S 16 °31'28" W
210.83'
L6
KIRKWOOD
185.95'
L7
Rad: 1462.50'
Tan: 215.27'
Chd: S 26 °47'31" W
Arc: 427.46'
CA: 16 °44'48"
425.94'
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N 55 "44'55" W
14.99'
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L10
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L11
N 36 °42'30" W
36.85'
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L13
N 54 ° 48'39" W
BY SEPARATE
L14
Rad: 2649.79'
Tan: 192.70'
Chd: N 58'58'13" W
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L15
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L17
N 77'59'34" W
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230.68'
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88.01'
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16.44'
L23
N 18 ° 23'01' E
28.74'
L24
Course
Bearing
Distance
L1
Rad: 1432.50'
Tan: 203.18'
Chd: N 26 ° 29'29" E
Arc: 403.66'
CA: 16 ° 08'43"
402.33'
L2
N 18'25'20" E
185.45'
L3
N 16'31'28" E
210.34'
L4
I S 73 °28'32" E
30.00'
L5
S 16 °31'28" W
210.83'
L6
S 18 °25'20" W
185.95'
L7
Rad: 1462.50'
Tan: 215.27'
Chd: S 26 °47'31" W
Arc: 427.46'
CA: 16 °44'48"
425.94'
L8
N 55 "44'55" W
14.99'
L9
N 09 °29'58" W
21.47'
L10
5 89 °26'14" W
37.15'
L11
N 36 °42'30" W
36.85'
L12
N 64'53'18" W
48.64'
L13
N 54 ° 48'39" W
404.53'
L14
Rad: 2649.79'
Tan: 192.70'
Chd: N 58'58'13" W
Arc: 384.73'
CA: 8 °19'08"
384.39'
L15
N 63'07'47" W
399.89'
L16
N 71 °36'59' W
1436.05'
L17
N 77'59'34" W
746.72'
L18
N 71 °36'59" W
230.68'
L19
S 33 °26'57' W
88.01'
L20
N 73 °28'32" W
30.00'
L21
N 16 ° 31'28" E
58.98'
L22
S 71 ° 36'59' E
16.44'
L23
N 18 ° 23'01' E
28.74'
L24
N 59 °32'44" E
37.55'
L25
S 71 °36'59" E
242.63'
L26
S 77 °59'34" E
746.72'
L27
S 71 ° 36'59" E
1439.95'
L28
S 63 ° 07'47" E
402.12'
L29
Rad: 2679.79'
Tan: 194.89'
Chd: S 58 °58'13" E
Arc: 389.09'
CA: 8 °19'08"
388.74'
L30
S 54 °48'39" E
401.88'
L31
S 64 °53'18" E
53.53'
L32
S 36 °42'30" E
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EXHIBIT "C"
PROPERTY DESCRIPTION
20' TEMPORARY CONSTRUCTION EASEMENT
Page 10
EXHIBIT "C"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT No. 1
BEING 1.830 acres of land located in the W. H. Pea Survey, Abstract. No. 2025,
J. Henry Survey, Abstract No. 742, W. Medlin Survey, Abstract No. 1958, & C. M.
Throop Survey, Abstract No. 1510, Town of Westlake, Tarrant County, Texas,
being the portion of the tract of land designated as Tract 2 in the deed to Maguire
Partners - Solana Land, L.P., recorded in County Clerk's file number D203231446,
of the Deed Records of Tarrant County, Texas. Said 1.830 acres of land being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the most Northerly South boundary line of said Maguire
Partners tract, and the North boundary line of Lot 1, Block 1,
Westlake /Southlake Park Addition No. 1, according to the Plat recorded in
Volume 388 -214, Page 78, of the Plat Records of Tarrant County, Texas,
located S 89 26' 14" W 89.64 feet from the most Easterly corner of
said Maguire Partners tract;
THENCE S 89 °26' 14" W 24.77 feet, along the No rth boundary line of
said Lot 1, Block 1, to a point;
THENCE N 36'42'30" W 17.22 feet, to a point;
THENCE along a line 80 feet South of and parallel to the Southwest right -of-
way line of the State Highway No. 114, as follows:
1. N 64 °53' 18" W 45.39 feet, to a point;
2. N 54'48'39" W 406.29 feet, to a point at the beginning of a curve to
the left;
3. NORTHWESTERLY 381.83 feet, along said curve to the left having a
Radius of 2629.79 feet, a central angle of 8 19' 08 ", and a chord bearing
of N 58 °58' 13" W 381.49 feet to a point at the en d of said curve;
4. N 63'07'47" W 398.41 feet, to a point;
5. N 71'36'59" W 656.73' feet, to a point;
THENCE S 18 23'0 1 " W 40.00 feet, to a point;
THENCE N 71'36'59" W 120.00 feet, to a point;
THENCE N 18 23'01" E 40.00 feet, to a point;
THENCE continuing along a line 80 feet South of and parallel to the Southwest
right -of -way line of the State Highway No. 114, as follows:
1. N 71'36' 59" W 656.73' feet, to a point;
2. N 77'59'34" W 746.72 feet, to a point;
3. N 71'36'59" W 216.46 feet, to a point;
THENCE S 33'26'57" W 69.71 feet, to a point;
THENCE N 65 '00'47 "W 20.22 feet, to a point;
THENCE N 33 26'57" E 88.01 feet, to a point;
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THENCE along a line 60 feet South of, and parallel to the South right -of -way
line of State Highway No. 114, as follows:
1. S 71'36'59" E 230.68 feet, to a point;
2. S 77'59'34" E 746.72 feet, to a point;
3. S 71'36'59" E 1436.06 feet, to a point;
4. S 63'07'47" E 399.89 feet, to a point at the beginning of a curve to
the right;
5. SOUTHEASTERLY 384.73 feet, along said curve to the right, having a
Radius of 2649.79 feet, a central angle of 08 19' 08" and a chord bearing
of S 58 °58' 13" E 384.39 feet to a point at the e nd of said curve;
6. S 54'48'39" E 404.53 feet, to a point;
7. S 64 °53' 18" E 48.64 feet, to a point;
1. THENCE S 36'42'30" E 36.85 feet, to the POINT OF
BEGINNING, containing 1.830 acres (79,716 square feet) of land.
PG. 2 G:`2009 L.ASLMLN I S N \SL AAl L 09 `:1 LMP CONS 0 Aoc
EXHIBIT "D"
SURVEY
20' TEMPORARY CONSTRUCTION EASEMENT
Page 11
EXHIBIT "D" I1/2 IRF
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Distance
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Arc: 427.46'
CA: 16 "44'48"
425.94'
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N 18 0 25'20" E
185.95'
Course
Bearing
Distance
L1
N 55 "44'55" W
20.00'
L2
Rad: 1462.50'
Tan: 215.27'
Chd: N 26 "47'31" E
Arc: 427.46'
CA: 16 "44'48"
425.94'
L3
N 18 0 25'20" E
185.95'
L4
N 16 0 31'28" E
210.83'
L5
I N 33 0 26'57" E
88.01'
L6
S 71 0 36'59" E
230.68'
L7
S 77 0 59'34" E
746.72'
L8
S 71 0 36'59" E
1436.05'
L9
S 63 0 07'47" E
399.89'
L10
Rad: 2649.79'
Tan: 192.70'
Chd: S 58 "58'13" E
Arc: 384.73'
CA: 8 "19'08"
384.39'
L11
S 54 "48'39" E
404.53'
L12
S 64 "53'18" E
48.64'
L13
S 36 "42'30" E
36.85'
L14
S 89 "26'14" W
24.77'
L15
N 36 "42'30" W
17.22'
L16
N 64 "53'18" W
45.39'
L17
N 54 "48'39" W
406.29'
L18
Rad: 2629.79'
Tan: 191.25'
Chd: N 58 "58'13" W
Arc: 381.83'
CA: 8 "19'08"
381.49'
L19
N 63 "07'47" W
398.41'
L20
N 71 "36'59" W
656.73'
L21
S 18 "23'01" W
40.00'
L22
N 71 "36'59" W
120.00'
L23
N 18 "23'01" E
40.00'
L24
N 71 "36'59" W
656.73'
L25
N 77 "59'34" W
746.72'
L26
N 71 "36'59" W
216.46'
L27
S 33 "26'57" W
69.71'
L28
S 16 "31'28" W
208.19'
L29
S 18 "25'20" W
186.28'
L30
Rad: 1482.50'
Tan: 218.05'
Chd: S 26 "47'09" W
Arc: 432.99'
CA: 16 "44'03"
431.45'
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MAGUIRE PARTNERS- SOLANA "
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MAY 11, 2009
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LAND SURVEYING &
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FAX No. (817) 926 -9347
p/ :0 J. HENRY SURVEY P.O. BOX 11374 • 3908 SOUTH FREEWAY
ABSTRACT No . 742 FORT WORTH, TEXAS 76110
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WE SITE www b,illain- .wf.,d.c
SOUTHLAKE TX
1400 Moin St., Ste.' 320 TFXAl LAKE
TEL: 817 - 748 -8098
TEMPORARY CONSTRUCTIO
EASEMENT No.I
T' 1.830 ACRES OF LAND
LOCATED IN THE o
W. H. PEA SURVEY, ABET. No. 2025
J. HENRY SURVEY, ABST. No. 742 O NORTH
W. MEDLIN SURVEY, ABST. No. 1958
& C. M. THROOP SURVEY, ABSTRACT
E
J No. 1510, CITY OF WESTLAKE,
TARRANT COUNTY, TEXAS SCALE A.
"=300'
(K.G.) DATA\ FN\ FN _SOUTHLAKE_WTL_09 \ *_TEMP_01.DWG
EXHIBIT "E"
GRANT OF PERMANENT EASEMENT
Page 12
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 DRIVERS
LICENSE NUMBER.
CITY OF SOUTHLAKE
PERMANENT WATERLINE EASEMENT
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
THAT, MAGUIRE PARTNERS - SOLANA LAND, L.P., 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, do hereby grant, bargain and
convey to said City, its successors and assigns, the right to construct, reconstruct and
perpetually maintain a water line, 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 water line, and for making connections
therewith, in, upon and across 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 the same unto the City of SOUTHLAKE, its successors and
assigns.
WITNESS OUR HANDS, this the _ day of , 2011
MAGUIRE PARTNERS - SOLANA
LAND, L.P.
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared , 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 , 2011
Notary Public in and for The State of Texas
Commission Expires:
G , 2009'LASLMLN I S I N \SL ANI L 09APLRM WA 01 covcndoc
EXHIBIT "F"
GRANT OF TEMPORARY EASEMENT
Page 13
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 DRIVERS
LICENSE NUMBER.
CITY OF SOUTHLAKE
TEMPORARY CONSTRUCTION EASEMENT
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
THAT, MAGUIRE PARTNERS - SOLANA LAND, L.P., 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, the right to construct facilities, roads or utilities, 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 until a time not to exceed six months after completion of construction of said
facilities, roads or utilities, for the purpose of constructing said public facilities, roads or
utilities, and for making connections
therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas,
being described as follows:
EXHIBITS "C" and "D ", attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same unto the City of SOUTHLAKE.
WITNESS MY HAND, this the day of , 2011
MAGUIRE PARTNERS - SOLANA
LAND, L.P.
By:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared , known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that she 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 , 2011
Notary Public in and for The State of Texas
Commission Expires:
G 2009`:LASLMLN TS IN :SL Wl L 09, "1 LMP (ON S "1 01 covcndoc
CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is made by and between Maguire Partners - Solana Land,
LP 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 Water Line Easement situated in Tarrant County, Texas, which is more particularly
described as follows:
a 30 foot wide strip of land located within Lot 1, Block 1,
Westlake / Southlake Park Addition No. 1, to the Town of Westlake,
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. For no additional
consideration, Seller further agrees to grant to Purchaser a Temporary Construction Easement
which shall be twenty feet wide, adjacent and parallel to the permanent water line easement as
shown on Exhibit "C" attached hereto, which Temporary Construction Easement shall be in the
form shown on Exhibit "D" which is attached hereto. For any reason that the City of Southlake
has need of extending the term of the Temporary Construction Easement for a period of greater
than the initial twelve (12) month period, the parties agree to extend the Temporary Construction
Easement twice in twelve (12) month increments, if necessary, in return for $9,600.00 per twelve
month period paid to Seller, provided such payment is received before the expiration of the prior
term. As a condition of this easement, Purchaser agrees to cooperate with the Seller to allow an
overlapping gas transmission pipeline easement on top of the easement described by this
agreement with the understanding that the horizontal distance between the centerlines of the
subject 30 -inch water pipeline and the future gas pipeline be no less than fifteen (15) feet. This
Contract is made for the consideration and upon and subject to the terms, provisions, and
conditions set forth below.
ARTICLE IL PURCHASE PRICE
The purchase price for the Property shall be FORTY SIX THOUSAND TWO
HUNDRED AND 00 /100 DOLLARS ($46,200.00) cash.
Page 1
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
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
Page 2
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, 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 due 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 V. CLOSING
5.01 Closing Date. The closing shall be held on or before February 18, 2011, 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 Grant of
Permanent Right of Way in the form attached hereto as Exhibit "E" 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 "F ".
Page 3
(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.
5.03 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.
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 Purchaser. 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 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
Page 4
Attorney's fees paid by the party incurring same
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.
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 parry
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.
Page 5
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 parry 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 day of
SELLER:
Maguire Partners - Solana Land, LP
Southlake, Texas 76092
2011.
PURCHASER:
CITY OF SOUTHLAKE, TEXAS
John Terrell, Mayor
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 , known to me (or proved to me on the oath of
or through [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
, 2011.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
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 day of
2011.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
Page 7
EXHIBIT "A"
PROPERTY DESCRIPTION
30' PERMANENT WATER LINE EASEMENT
Page 8
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT WATERLINE EASEMENT.
BEING a 30 foot wide strip of land located within Lot 1, Block 1,
Westlake /Southlake Park Addition No. 1, to the Town of Westlake, Tarrant
County, Texas, according to the plat recorded in Volume 388 -214, Page 78, of
the Plat Records of Tarrant County, Texas. Said 30 foot wide strip of land being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the North boundary line of said Lot 1, and said Point of
Beginning being located S 89 °26' 14" W 52.49 feet from the
Northeast corner of said Lot 1;
THENCE S 33'37'53" E 105.61 feet, to a point;
THENCE S 12 °35' 12" W 29.07 feet, to a point at th e West corner of an
existing Southwestern Bell Telephone Co. easement, recorded in Volume
2288, Page 436, of the Deed Records of Denton County, Texas;
THENCE S 32'22'57" E 50.00 feet, along the Southwest boundary line
of said telephone easement, to a point at the South corner of said
telephone easement;
THENCE S 77'24'34" E 31.91 feet, to a point;
THENCE S 33'37'53" E 376.12 feet, to a point;
THENCE S 78'42'43" E 13.81 feet, to a point;
THENCE N 54'52'25" E 9.32 feet, to a point in the Southwest right -of-
way line of State Highway No. 114, and the Northeast boundary line of
said Lot 1;
THENCE S 29 °30' 13" E 30.15 feet, along the Southwest right -of -way
line of said State Highway No. 114, to a point;
THENCE S 54'52'25" W 19.23 feet, to a point;
THENCE N 78'42'43" W 39.13 feet, to a point;
THENCE N 33'37'53" W 376.52 feet, to a point;
THENCE N 77'24'34" W 32.29 feet, to a point;
THENCE N 32'22'57" W 74.85 feet, to a point;
THENCE N 12 °35' 12" E 28.68 feet, to a point;
THENCE N 33'37'53" W 92.00 feet, to a point;
THENCE N 36 °42'30" W 21.11 feet, to a point in the North boundary line
of said Lot 1;
THENCE N 89 °26' 14" E 37.15 feet, along the North boundary line of
said Lot 1, to the POINT OF BEGINNING, containing 0.448 acre (19,494
square feet) of land.
G 2009`:LASLMLNI S I \SL WI L 09 PERM W'A I I S.doc
EXHIBIT `B"
SURVEY
30' PERMANENT WATER LINE EASEMENT
Page 9
\ EXHIBIT
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BEGINNING
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SOUTHWESTERN BELL TEL.
CO. ESMT.
VOL. 9140, PG. 532,
D.R.T.C.T.
ENSERCH CORPORATION
VOL. 2312, PC. 764,
D.R.D.C.T.
N 12
28.68'
N 32°22'57 "W
74.85' -,, i
49 OF LOT 1, BL.
S 33 0 37'53 "E
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LOT 1, BLOCK 1
WESTLAKE /SOUTHLAKE
PARK ADDITION No. 1
VOL. 388 -214, PG. 78
P.R.T.C.T.
OWNER:
MAGUIRE PARTNERS— SOLANA
LAND. L.P.
0
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Ja 1 n 4
1 . 9 . 07' , SOUTHWESTERN BELL
TELEPHONE EASEMENT
\ VOL. 2288, PG. 436
J ` D.R.D.C.T. G L
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m S \77°24'34 "E
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WATERLINE EASEMENT
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DECEMBER 3, 2010
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SOUTHLAKE, TX SCUTI ILAICE
1400 Moin St., Ste. 320 i1']I SQ
TEL: 817- 748 -8098 �ll�
� rrXAS
I 30' WIDE PERMANENT
BRITTAIN & l RAWFORD WATERLINE EASEMENT z
LAND SURVEYING & 0.448 ACRE OF LAND
TOPOGRAPHIC MAPPING LOCATED WITHIN LOT 1, BLOCK 1 ID
(817) 926 (817) 926 —SI12 WESTLAKE /SOUTHLAKE \
P.O. BOX
1 3908 SOUTH FREEWAY PARK ADDITION No.l
FORT WORTH, TEXAS 76110
EMAIL: admin�brillain— crawford.com CITY OF WESTLAKE,
WEEiSITE: Www.brillain— crowford.com TARRANT COUNTY, TEXAS SCALE 1"=60'
(K.G.) DATA\ FN\ FN —SOUTH LAKE_WTL_09 \ *_ PERM— 15.DWG
EXHIBIT "C"
PROPERTY DESCRIPTION
20' TEMPORARY CONSTRUCTION EASEMENT
Page 10
EXHIBIT "C"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT.
BEING a 20 foot wide strip of land located within Lot 1, Block 1,
Westlake /Southlake Park Addition No. 1, to the Town of Westlake, Tarrant
County, Texas, according to the plat recorded in Volume 388 -214, Page 78, of
the Plat Records of Tarrant County, Texas. Said 20 foot wide strip of land being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the North boundary line of said Lot 1, and said Point of
Beginning being located S 89 °26' 14" W 89.64 feet from the
Northeast corner of said Lot 1;
THENCE S 36'42'30" E 21.11 feet, to a point;
THENCE S 33'37'53" E 92.00 feet, to a point;
THENCE S 12 °35' 12" W 28.68 feet, to a point;
THENCE S 32'22'57" E 74.85 feet, to a point;
THENCE S 77'24'34" E 32.29 feet, to a point;
THENCE S 33'37'53" E 376.52 feet, to a point;
THENCE S 78'42'43" E 39.13 feet, to a point;
THENCE N 54'52'25" E 19.23 feet, to a point in the Southwest right -of-
way line of State Highway No. 114, and the Northeast boundary line of
said Lot 1;
THENCE S 29 °30' 13" E 20.10 feet, along the Southwest right -of -way
line of said State Highway No. 114, to a point;
THENCE S 54'52'25" W 25.83 feet, to a point;
THENCE N 78'42'43" W 56.02 feet, to a point;
THENCE N 33'37'53" W 376.78 feet, to a point;
THENCE N 77'24'34" W 32.54 feet, to a point;
THENCE N 32'22'57" W 91.42 feet, to a point;
THENCE N 12 °35' 12" E 28.43 feet, to a point;
THENCE N 33'37'53" W 82.93 feet, to a point;
THENCE N 36 °42'30" W 35.18 feet, to a point in the North boundary line
of said Lot 1;
THENCE N 89 °26' 14" E 24.77 feet, along the North boundary line of
said Lot 1, to the POINT OF BEGINNING, containing 0.324 acre (14,129
square feet) of land.
G 1 009`:L.ASLMLN "I S I N W I L 09 LMP CONS 03.doc
EXHIBIT "D"
SURVEY
20' TEMPORARY CONSTRUCTION EASEMENT
Page 11
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S 36 °42'30 "E
21.11
�� \ \\ \ SOUTHWESTERN BELL
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C� S 12 \ VOL. 2288. PG. 436
2 8 .68' D.R.D.C.T. , r
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32293��E cs�F
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N 77
32.54' \
20' WIDE TEMPORARY
CONSTRUCTION EASEMENT u'►�, �\
0.324 ACRE eP� `?\
(14,129 SQ.F.) s�,3 ' \\
LOT 1, BLOCK 1
WESTLAKE /SOUTH LAKE
PARK ADDITION No. 1 d" s \\ \
VOL. 388 -214, PG. 78 L
P.R.T.C.T.
OWNER:
MAGUIRE PARTNERS— SOLANA
LAND, L.P. G � F y y r \ \
P \ \ V A C7
mw W
qq'v "
r-
0
DECEMBER 3, 2010
N
SOUTHLAKE, TX SQUTHLAI <E
1400 Main St., Ste. 320 TExns
TEL: 817 - 748 -8098
20' WIDE TEMPORARY
BRITTAIN & CRAWFORD
LAND SURVEYING &
TOPOGRAPHIC MAPPING
(817) 926 -0211 - METRO (817) 429 -5112
FAH No. (81 7) 926 -9347
P.O. BOX 11374 3908 SOUTH FREEWAY
FORT WORTH, TEAS 76110
EMAIL: admm:b,itlain- wf.,d. m
WEBSITE: www. b,ittain- wfo d.t
CONSTRUCTION
EASEMENT
0.324 ACRE OF LAND
LOCATED WITHIN LOT 1, BLOCK 1
STLAKE /SOUTHLAKE, PARK ADDITI
No.1, CITY OF WESTLAKE,
�.
78 0 42'43 "W v v
5602' S 54 °52'25 "W
25.83'
\ \ a
SCALE T' =60'
(K.G.) DATA\ FN\ FN _SOUTHLAKE_WTL_09 \ *_TEMP_03.DWG
EXHIBIT "E"
GRANT OF PERMANENT EASEMENT
Page 12
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 WATERLINE EASEMENT
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
THAT, MAGUIRE PARTNERS - SOLANA LAND, L.P., 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, do hereby grant, bargain and
convey to said City, its successors and assigns, the right to construct, reconstruct and
perpetually maintain a water line, 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 water line, and for making connections
therewith, in, upon and across 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 the same unto the City of SOUTHLAKE, its successors and
assigns.
WITNESS OUR HANDS, this the _ day of , 2011
MAGUIRE PARTNERS - SOLANA
LAND, L.P.
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared , 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 , 2011
Notary Public in and for The State of Texas
Commission Expires:
G , 2009'LASLMLN I S I N \SL ANI L 09APLRM WA Is covcndoc
EXHIBIT "F"
GRANT OF TEMPORARY EASEMENT
Page 13
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
TEMPORARY CONSTRUCTION EASEMENT
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
THAT, MAGUIRE PARTNERS - SOLANA LAND, L.P., 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, the right to construct facilities, roads or utilities, 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 until a time not to exceed six months after completion of construction of said
facilities, roads or utilities, for the purpose of constructing said public facilities, roads or
utilities, and for making connections
therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas,
being described as follows:
EXHIBITS "C" and "D ", attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same unto the City of SOUTHLAKE.
WITNESS MY HAND, this the day of , 2011
MAGUIRE PARTNERS - SOLANA
LAND, L.P.
By:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared , known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that she 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 , 2011
Notary Public in and for The State of Texas
Commission Expires:
G 2009`:LASLMLN I S I N :SL Wl L 09 , "I LMP CONS "I 03 covcndoc