Item 4FCITY OF
SOUTHLAK -E
MEMORANDUM
(February 1, 2011)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve purchase of right of way for North Kimball
Improvements from 759 North Kimball Avenue
Action
Requested: Approve purchase of right of way for North Kimball Improvements
from 759 North Kimball Avenue
Background
Information: The City is currently acquiring right of way necessary for the
construction of the North Kimball Avenue improvement project.
This property is located at 759 North Kimball Avenue. The property
appraisal for $61,574.00 for right of way, a utility and drainage
easement and a temporary construction easement was prepared
on October 10, 2010. The offer to the property owner was made for
the right of way and easements based upon the appraisal.
In addition to the right of way required for the widening of the
roadway, the final design for Kimball Avenue included public
sanitary sewer to serve this property which required an additional
10' wide utility and drainage easement, as well as a 10' wide
temporary construction easement. The right of way and easement
areas are necessary to accommodate additional travel lanes,
relocated city utilities, and pedestrian sidewalks that are included in
the widening project.
The construction contract will include the relocation of a driveway,
reconstruction of an existing driveway, repair of the parking area
within the easements, and a landscape area similar to Patterson's
Pond future entrance located across the street from the property.
Proposed Settlement based on appraisal
Right of way (1,093sf @ $8.00 /S.F.) $8,744.00
Utility & drainage esmnt. (2,081sf @75% *$8.00 /S. F.) 12,486.00
Temp. const. esmnt. (2,081 @10 % /yr. /S.F.) 1,665.00
Improvements 18,477.00
Cost to cure 20,202.00
Net Value $61,574.00
The property owner has agreec
valued in the appraisal for the
temporary construction easement.
to the offer of $61,574.00, as
right of way, easements and a
Financial
Considerations: Funding for the right of way and easement purchase is available in
the FY 2011 capital improvement program budget.
Strategic Link: The North Kimball Avenue Improvement project links to the city's
strategy map relative to the focus areas of Mobility, Infrastructure,
and Performance Management and Service Delivery. The specific
corporate objectives that are met by this construction project
include: Providing travel convenience within city and region;
Providing high quality customer service; and Investing to provide
and maintain high quality public assets.
Citizen Input/
Board Review: N/A
Legal Review: The standard right of way and easement documents have been
reviewed by the City Attorney's office.
Alternatives: The City Council may approve or deny this purchase.
Supporting
Documents: Location Map
Contract of Sale
Staff
Recommendation: Approve purchase of right of way for North Kimball Improvements
from 759 North Kimball Avenue
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Civil Engineer
Location Map
759 N. Kimball Avenue
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CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is made by and between Transport Workers Union #513 of
Tarrant County Texas, (referred to in this Contract as "Seller ") and the City of Southlake, a home
rule municipal corporation in Tarrant County, Texas, (referred to in this Contract as "Purchaser ").
ARTICLE I. PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, a tract of land situated in Tarrant County, Texas, which is more particularly described as
follows:
a 0.025 acre parcel of land located in Lot 1, Block A of the Union
Hall Addition in the City of Southlake, Tarrant County, Texas, and
being more particularly described by metes and bounds in Exhibit
"A ", attached hereto and incorporated herein for all purposes, and
being more particularly shown on a survey drawing marked Exhibit
"B ", attached hereto and incorporated herein for all purposes
together with all and singular the rights and appurtenances pertaining thereto, including any right,
title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property,
rights, and appurtenances being referred to in this Contact as the "Property "), together with any
improvements and fixtures, situated on and attached to the Property.
Seller also agrees to convey, and Purchaser purchases and agrees to pay for, a Permanent
Utility and Drainage Easement situated in Tarrant County, Texas, which is more particularly
described as follows:
a 0.048 acre parcel of land located in Lot 1, Block A of the Union
Hall Addition in the City of Southlake, Tarrant County, Texas, and
being more particularly described by metes and bounds in Exhibit
"A ", attached hereto and incorporated herein for all purposes, and
being more particularly shown on a survey drawing marked Exhibit
"B ", attached hereto and incorporated herein for all purposes
For no additional consideration, Seller further agrees to grant to Purchaser a one (1) year Temporary
Construction Easement which shall be ten feet wide, adjacent and parallel to and west of the Right -
of -Way Line of the Property as shown on Exhibit "B" attached hereto, which Temporary
Construction Easement shall be in the form shown on Exhibit "C" which is attached hereto.
Purchaser may extend the Temporary Construction Easement twice for twelve (12) month
increments in return for $1,665.00 per twelve month period paid to Seller, provided such payment is
received before the expiration of the prior term. This Contract is made for the consideration and
upon and subject to the terms, provisions, and conditions set forth below.
Page 1
The construction contract for the Kimball Avenue Improvement project will include the relocation of
the northern driveway, reconstruction of the existing southern driveway, repair of the parking area
within the easements, and a landscape area not to exceed 400 square feet with plantings similar to
the Patterson's Pond future entrance located across the street from the property.
ARTICLE IL PURCHASE PRICE
The purchase price for the Property shall be sixty -one thousand, five hundred and seventy -
four Dollars ($61,574.00) 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 treatment
Page 2
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 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 the best of his 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.
ARTICLE V. CLOSING
5.01 Closing Date. The closing shall be held on 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 "C" conveying to Purchaser a
permanent right -of- way on the Property, free and clear of any and all liens,
encumbrances, conditions, assessments, and restrictions other than as provided in
this Contract.
(2) Seller's delivery to Purchaser of a duly executed and acknowledged Temporary
Construction Easement in the form attached hereto as Exhibit "D ".
(3) Delivery to Purchaser, at Purchaser's sole expense, of a Texas Owner's Title Policy,
issued by the Title Company in the full amount of the purchase price, insuring
Purchaser's permanent right -of -way on the Property, subject only to those title
exceptions listed in this Article VI, if any, such other exceptions as may be approved
Page 3
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 Seller. 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
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.
Page 4
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 VII. 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 party
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.
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.
Page 5
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 , 2011.
SELLER: PURCHASER:
TRANSPORT WORKERS UNION #513
By
Darrin Pierce
By
Darrel Kizer
CITY OF SOUTHLAKE, TEXAS
By
John Terrell, Mayor
1400 Main Street
Southlake, Texas 76092
579 North Kimball Avenue
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 Darrin Pierce, 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 the State of Texas, on this day personally
appeared Darrel Kizer, 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
Page 7
ACKNOWLEDGMENTS
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 8
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
CITY OF SOUTHLAKE
PERMANENT RIGHT -OF -WAY
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
THAT, TRANSPORT WORKERS UNION #513, acting by and through the undersigned,
their duly authorized representative, 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, its successors
and assigns, a permanent right -of -way and the right to construct, reconstruct and
perpetually maintain a public street and /or drainage facilities and utilities, together with all
necessary appurtenances thereto, and with the right and privilege at any and all times, to
enter said premises, or any part thereof, as is necessary to the proper use of any other
right granted herein, and for the purpose of constructing, reconstructing and maintaining
said public street and /or drainage facilities and utilities, and for making connections
therewith, in, upon and across that certain 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 that said conveyed property unto the Grantee for the purposes
herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and
forever defend the said conveyed property and rights granted herein unto Grantee, its
successors and assigns every person whomsoever lawfully claiming or to claim the same
or any part thereof.
WITNESS MY HAND, this the day of 2009
TRANSPORT WORKERS UNION #513
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 s /he 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 , 2009
Notary Public in and for The State of Texas
Commission Expires:
g:DOC1KIM BALL- LEGALI PROW10Cover
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT -OF -WAY
NORTH KIMBALL AVENUE
PARCEL 10
BEING 0.025 acre of land located in Lot 1, Block A, UNION HALL ADDITION, to
the city of Southlake, Tarrant County, Texas, according to the plat recorded in
Volume 388 -200, Page 96, of the Plat Records of Tarrant County, Texas. Said
0.025 acre of land being more particularly described by metes and bounds as
follows:
BEGINNING at a' /2" iron rod found at the Southeast corner of said Lot 1, and
lying in the North boundary line of a tract of land conveyed to Gateway
Church, by the deed recorded in County Clerk's No. D204303704, of the
Deed Records of Tarrant County, Texas. Said POINT OF BEGINNING
lying in the West right -of -way line of North Kimball Avenue.
THENCE S 89° 10' 56" W 5.24 feet, along the South boundary line of
said Lot 1, and the North boundary line of said Gateway Church, to a' /2"
iron rod marked "Brittain & Crawford" set in the new West right -of -way line
of said North Kimball Avenue;
THENCE N 00° 49' 31" W 208.06 feet, along the new West right -of -way
line of said North Kimball Avenue, to a '/2" iron rod marked "Brittain &
Crawford" set in the North boundary line of said Lot 1, lying in the South
boundary line of a tract of land conveyed to Howard Bruce Barton, Jr., and
Molly D. Baron, by the deed recorded in Volume 6242, Page 222, of the
Deed Records of Tarrant County, Texas;
THENCE N 89° 10' 56" E 5.27 feet, along the North boundary line of said
Lot 1, and the South boundary line of said Barton Tract, to a point at the
Northeast corner of said Lot 1, lying in the existing West right -of -way line
of said North Kimball Avenue;
THENCE S 00° 49' 04" E 208.06 feet, along the East boundary line of
said Lot 1, and the existing West right -of -way line of said North Kimball
Avenue, to the POINT OF BEGINNING, containing 0.025 acre (1,093
square feet) of land.
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HOWARD BRUCE BARTON, JR. AND WIFE,
EXHIBIT "B"
MOLLY D. BARTON
PERMANENT RIGHT —OF —WAY
VOL. 6242, PG. 222, D.R.T.C.T.
0.025 ACRE OF LAND
D.R.T.C.T.
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STATE OF TEXAS NO. 1674 (1/2" IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
IS] CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B"
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PERMANENT RIGHT —OF —WAY
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LOCATED IN
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No. (8 926-9347
LOT 1, BLOCK A
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\KIMBALL\- 20W1U\
UNION HALL ADDITION
SOUTHLAKE, TARRANT COUNTY,
TEXAS
SCALE 1 60'
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 UTILITY AND DRAINAGE EASEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
THAT, TRANSPORT WORKERS UNION #513, acting by and through the undersigned, their
duly authorized representatives, 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 Utility and Drainage facilities, 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 Utility and Drainage facilities,
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 2010.
DARRIN J. PIERCE DENNIS D. STARK
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared,
DARRIN J. PIERCE, known to me 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
considerations therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2010
Notary Public in and for The State of Texas
Commission Expires:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared,
DENNIS D. STARK, known to me 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
considerations therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2010
Notary Public in and for The State of Texas
Commission Expires:
PARCEL No.10
DOCA< -ba 11- 10
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY AND DRAINAGE EASEMENT
NORTH KIMBALL AVENUE
PARCEL 10
BEING 0.048 acre of land located in Lot 1, Block A, UNION HALL ADDITION, to
the city of Southlake, Tarrant County, Texas, according to the plat recorded in
Volume 388 -200, Page 96, of the Plat Records of Tarrant County, Texas. Said
0.048 acre of land being more particularly described by metes and bounds as
follows:
BEGINNING at a 1 /2" iron rod marked "Brittain & Crawford ", set in the South
boundary line of said Lot 1, lying S 89° 10' 56" W 5.24 feet, from a / Z " iron
rod found marking the Southeast corner of said Lot 1. Said POINT OF
BEGINNING lying in the new West right -of -way line of North Kimball
Avenue.
THENCE S 89° 10' 56" W 10.00 feet, along the South boundary line of
said Lot 1, to a point;
THENCE N 00 49' 31" W 208.06 feet, to a point in the North boundary
line of said Lot 1;
THENCE N 89° 10' 56" E 10.00 feet, along the North boundary line of
said Lot 1, to a ' / 2 " iron rod marked "Brittain & Crawford ", set in the new
West right -of -way line of said North Kimball Avenue;
THENCE S 00° 49' 31" E 208.06 feet, along the new West right -of -way
line of said North Kimball Avenue, to the POINT OF BEGINNING,
containing 0.048 acre (2,081 square feet) of land.
g:2009Vegals*imba II- legalsles -10
HOWARD BRUCE BARTON, JR. AND WIFE,
MOLLY D. BARTON
VOL. 6242, PG. 222, D.R.T.C.T.
D.R.T.C.T.
N 89 0 10'5 6 "E
10.00'
LOT 1, BLOCK A
UNION HALL ADDITION
VOL. 388 -200, PG. 96
P.R.T.C.T.
TRANSPORT WORKERS UNION, #513
VOL. 8727, PG. 2023, D.R.T.C.T.
PERMANENT UTILITY, DRAINAGE AND
EASEMENT, 0.048 ACRE —
2,081 SQ.FT.
S 89 "W
10.00
GATEWAY CHURCH
CC. No. D204303704
P.R.T.C.T.
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PROPERTY CORNER NOTE
SCALE 1 60' ALL PROPERTY CORNERS SET ARE 1/2'' IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
lb qlj CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRMAM CRAWFORD PERMANENT UTILITY AND N wo E Tf�
LAND TOPOGRAPHIC MAPPING DRAINAGE EASEMENT y;� *..-
JAMES L BRITTAIN
(81719P8 -M11 - ,E1710 (817) 428 --5112 0.048 ACRE OF LAND ......, ......._.... .......
FAX (o. ` 81 928 -9347 r'° 1674
P. o. aM 11374. 3808 SWI FREEWAY LOCATED IN 9y?
FM 'WORTH, TE% 76110 LOT 1, BLOCK A ° S UR
EMAIL F'
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UNION HALL ADDITION JULY 6 , 2010
\KIMBALL\-0_70\ SOUTHLAKE, TARRANT COUNTY, TEXAS REVISED: SEPTEMBER 7 ,2010
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
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
THAT, TRANSPORT WORKERS UNION #513, acting by and through the undersigned, their
duly authorized representative, 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 "A" and "B ", attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same unto the City of Southlake.
WITNESS OUR HANDS, this the day of , 2010
DARRIN J. PIERCE DENNIS D. STARK
STATE OF TEXAS
BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared
DARRIN J. PIERCE, known to me 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
considerations therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2010
Notary Public in and for The State of Texas
Commission Expires:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared
DENNIS D. STARK, known to me 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
considerations therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2010
PARCEL NO. 10 - TCE
Notary Public in and for The State of Texas
Commission Expires:
G:20091LEGALSIK IM BALL- LEGALSITEMP -10
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
NORTH KIMBALL AVENUE
PARCEL 10
BEING 0.048 acre of land located in Lot 1, Block A, UNION HALL ADDITION, to
the city of Southlake, Tarrant County, Texas, according to the plat recorded in
Volume 388 -200, Page 96, of the Plat Records of Tarrant County, Texas. Said
0.048 acre of land being more particularly described by metes and bounds as
follows:
BEGINNING at a point in the South boundary line of said Lot 1, lying S 89° 10'
52" W 15.24 feet, from a ' / 2 " iron rod found marking the Southeast corner
of said Lot 1;
THENCE S 89° 10' 56" W
said Lot 1, to a point;
10.00 feet, along the South boundary line of
THENCE N 00° 49' 31" W
line of said Lot 1;
THENCE N 89° 10' 56" E
said Lot 1, to a point;
208.06 feet, to a point in the North boundary
10.00 feet, along the North boundary line of
THENCE S 00° 49' 31" E 208.06 feet, to the POINT OF BEGINNING,
containing 0.048 acre (2,081 square feet) of land.
g:200911 e g a l s* i m b a l I- leg a l s1TE M P -10
HOWARD BRUCE BARTON, JR. AND WIFE,
EXHIBIT "B"
MOLLY D. BARTON
BRrrrnw dcCRAWFORD
VOL. 6242, PG. 222, D.R.T.C.T.
D.R.T.C.T.
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N 89 °10'56 "E 1/2 IRS jl
10.00
1 I N
0.048 ACRE OF LAND
JAMES L BRfTTAIN
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P.O. BOX lY n) 00
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16T4 iREE
iMT WORTH. 1E 76110
PROPOSED NEW RIIGHT -OF -WAY LINE
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PR POSED 10' U ILJTY, DRAINAGE
LOT 1, BLOCK A
WALL EMENT
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UNION HALL ADDITION N
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VOL. 388 -200, PG. 96 3
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P.R.T.C.T.
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TRANSPORT WORKERS UNION, #513
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VOL. 8727, PG. 2023, D.R.T.C.T.
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TEMPORARY CONSTRUCTION
I I 1 2" IRON ROD FOUND
EASEMENT, 0.048 ACRE
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�NION HALL ADDITION
2,081 SO.FT.
S 89 °10 "W 15.2 ate.
S 89 °10'56 "W
POI T OF BE INNING �QG�
10.00'
1/2" IRON RO SET
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CC. No. D204303704
P.R.T.C.T.
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PROPERTY CORNER NOTE
SCALE 1 "- 60'
ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
Ds CITY OF
SOUTHLAKE
1400 MAIN STREET,
SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRrrrnw dcCRAWFORD
TEMPORARY CONSTRUCTION
LAND SUR &
TOPOGRAPHIC MAPPING
EASEMENT
(617) 626�lI1 - ICTRO (617) 429 -5112
FAX No. (e 92 6 -9 347
0.048 ACRE OF LAND
JAMES L BRfTTAIN
...`.:a_
P.O. BOX lY n) 00
I . M SOUTH 9GT
16T4 iREE
iMT WORTH. 1E 76110
LOCATED IN
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LOT 1, BLOCK A
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\KIMBALL \-T -ion
UNION HALL ADDITION
SOUTHLAKE, TARRANT COUNTY, TEXAS
JULY 6, 2010