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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 ti - i Water Nortl LII I l LIIIe f r II _ egmeil# E Segmei a . � 1 � 1� I. a r ` ; SO UTHLAKE 741, , _ �a 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. PG. 2 G:`2009 LASLMLN I S N \SL AAl L 09`PLItM VN A l 0 Aoc EXHIBIT `B" SURVEY 30' PERMANENT WATER LINE EASEMENT Page 9 EXHIBIT "B" 1/2 IRF/ � y Rad: 1432.50' Tan: 203.18' Chd: N 26 ° 29'29" E Arc: 403.66' CA: 16 ° 08'43" 402.33' L2 C 185.45' L3 N 16'31'28" E 1 /2 I ] 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' BLVD. N 55 "44'55" W 14.99' RpF N 09 °29'58" W w Z' L10 PERMANENT 30' WIDE WATERLINE 1 L11 N 36 °42'30" W 36.85' EASEMENT No. 2A 41b a� S L13 N 54 ° 48'39" W BY SEPARATE L14 Rad: 2649.79' Tan: 192.70' Chd: N 58'58'13" W cD b L15 DOCUMENT ° o L16 f--, 1436.05' L17 N 77'59'34" W 4100116 . cS. < co N 71 °36'59" W 230.68' ; � ' S 33 °26'57' W 88.01' L20 N 73 °28'32" W / L21 Cc 58.98' 11 10 w 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 66.30' z O C (n m %7 Y // a (n X00 D�O A C A I m ` .'' ' �� ^,' LAND SURVEYING & 0 0 �N PERMANENT 30' WIDE WATERLINE EASEMENT No.I Z r I m Z 2.646 ACRES - Z C ! (115,250 SQ.F.) �.. FAX No. (817) 926 -9347 J. HENRY SURVEY P.O. BOX 11374 " 3908 SOUTH FREEWAY "� / O MAGUIRE PARTNERS- SOLANA � IS 0' / LAND, L.P., TRACT 2 / C.C.;�D20323L448 , P-A D.R.T.C.T. F.r -6 / 0 W W lc lc� TEL: 81 748 -8098 N�o / PERMANENT WATERLINE / mZz EASEMENT No.1 z �•�` `' / / S I zo l0� / ow �a�� -0' LOCATED IN THE / W. H. PEA SURVEY, ABST. No. 202 J. HENRY SURVEY, ABST. No. 742 MAY 7. 2009 X C (n / / BRITTAIN & CRAWFORD (n X00 D�O A C A I m ` .'' ' �� ^,' LAND SURVEYING & 0 0 �N TOPOGRAPHIC MAPPING yam- n A 00 M Z r I m Z �j( .' (817) 925 -0211 - METRO (817) 429 -5112 - Z C ! m �.. FAX No. (817) 926 -9347 J. HENRY SURVEY P.O. BOX 11374 " 3908 SOUTH FREEWAY "� ' ABSTRACT No . 742 FORT WORTH, TEXAS 76110 CO - m I .� EMAIL: admin®britloi - cmwlard.com � WEBSITE: www.briltam- owford co ,� 7 6 SOUTHLAKE, TX 1400 Main St., Ste, 320 o SOUTHLAI {E TEXAS W W lc lc� TEL: 81 748 -8098 N�o / PERMANENT WATERLINE mZz EASEMENT No.1 z �•�` `' 2.646 ACRES OF LAND zo l0� / ow �a�� -0' LOCATED IN THE o W. H. PEA SURVEY, ABST. No. 202 J. HENRY SURVEY, ABST. No. 742 NORTH O w W. MEDLIN SURVEY, ABST. No. 195 52.4 NE1RT ST CORNER OF LOT 1, BLOCK I & C. M. THROOP SURVEY, ABSTRAC SOUTHLAKE /WESTLAKE No. 1510, CITY OF WESTLAKE, �- PARK DDITION No. 1 TARRANT COUNTY_ TFYAS S CALF I (K.G.) DATA \FN \FN_SOUTHLAKE_WTL 09 \* PERM 1.DWG 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; PG. I G:`2009 L.ASLMLN I S N \SL AA 'TL 09 `:1 LMP CONS 0 Aoc 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 1/2 � KIRKWOOD � BLVD. Course co ' Distance L1 � C, N y H L2 < 0 cl) Arc: 427.46' CA: 16 "44'48" 425.94' L3 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' I o >M 00 I 00 D Z -i A I o m I � N � N n p00CD Z C r - uz= I O r D �I 00 > rrl Nom - m ZZ � �zo 1 p 89 6 IVUK111LHS1 I:UKIVLK �'q, \� OF LOT 1, BLOCK 1 SOUTH LAKE /WESTLAK PARKADDITION No 1 1/2 IRF 20' WIDE TEMPORARY CONSTRUCTION N X2 8 = EASEMENT No. 2A 20 °°" BY SEPARATE DOCUMENT �J C: < �S 20' WIDE TEMPORARY CONSTRUCTION EASEMENT No.1 1.830 ACRES (79,716 SQ.F.) MAGUIRE PARTNERS- SOLANA " LAND, L.P., TRACT 2 7 ; j C.C. #D203231446 D.R.T.C.T. 7 I p c c� \Y a Y O Y 1 C 4 C. ra / / / / n .O TH 545 °HESS' ? � • / MAY 11, 2009 / BRITTAIN & C,RAWFORD A LAND SURVEYING & TOPOGRAPHIC MAPPING r (817) 926 -0211 - METRO (817) 429 -5112 FAX No. (817) 926 -9347 p/ :0 J. HENRY SURVEY P.O. BOX 11374 • 3908 SOUTH FREEWAY ABSTRACT No . 742 FORT WORTH, TEXAS 76110 G EMAIL: admo@bKtt.in L .f.,d. m i A 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 ey sFAq� ��\ \ N 89°726114 "E POINT OF BEGINNING / N 36 W '\� // N'33°37'153 "W\ �2.00� / / / 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 � / 105.81' \ S 1 . .. ". r 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 S Nw Ja 1 n 4 1 . 9 . 07' , SOUTHWESTERN BELL TELEPHONE EASEMENT \ VOL. 2288, PG. 436 J ` D.R.D.C.T. G L ft S 32°22'1550.00 m S \77°24'34 "E ° \31.91' � as r� 30' WIDE PERMANENT WATERLINE EASEMENT 0.448 ACRE y s (19,494 SQ.F.) � �� v \ \ \ w \NCO d' w eq. tool 46 < t 4 "J Q \ \ N \ \ V1 A G15T[R E'P \ e 9 , N 78 \ JAMES L. BRITTAIN� 39.13 \ P 1674 ; S , 54 0 52 25" 9y ° °e55laN o/ \ \ 19.23' O SURV DECEMBER 3, 2010 v 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 w W U V s p Z O U O �c� ^I _j CI c q cl J - ou � co mava .� Z = W O lr' Z y W = J J j0 O N 4"E EXHIBIT \� POINT OF ,BEGINNING ii Nw NORTHEAST CRN y 9.64 � OF LOT 1, BL. 1 S 36 °42'30 "E 21.11 �� \ \\ \ SOUTHWESTERN BELL r�s \ TELEPHONE EASEMENT C� S 12 \ VOL. 2288. PG. 436 2 8 .68' D.R.D.C.T. , r o r Vol S 9 32293��E cs�F v9 \ 1 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