T. Mahan Survey, Abstract No. 1049 (Lot 7) - ROW OFFICIAL RECORD
CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is niade by and between Vision Southlake Development,
LLC 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 0.145 acre parcel of land located in the T. MAHAN SURVEY,
Abstract No. 1049, in the City of Southlake, Tarrant County,
Texas, and being more particularly described by metes and bounds
in. Exhibit "A ", attached hereto and incorporated herein for all .
purposes, and being more particularly shown on a survey drawing
marked Exhibit "B ", attached hereto and incorporated herein for all
purposes
together with all and singular the rights and appurtenances pertaining thereto, including any
right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real
property, rights, and appurtenances being referred to in this Contact as the "Property "), together
with any improvements and fixtures, situated on and attached to the Property; provided,
however, Seller and Seller's heirs, successors, and assigns forever, reserve all oil, gas, and other
minerals in and under and that may be produced from the Property. If the mineral estate is
subject to existing production or an existing lease, this reservation includes the production, the
lease, and all benefits from it. Such mineral reservation shall be included in the Permanent Right
of Way. For no additional consideration, Seller further agrees to grant to Purchaser a Temporary
Construction Easement which shall be ten feet wide, adjacent and parallel to the right -of -way of
the Property as shown on Exhibit "B" attached hereto, which Temporary Construction Easement
shall be in the form shown on Exhibit "B" which is attached hereto. This Contract is made for
the consideration and upon and subject to the terms, provisions, and conditions set forth below.
ARTICLE H. PURCHASE PRICE
The purchase price for the Property shall be SIXTY -FIVE THOUSAND ONE
HUNDRED FORTY -SIX AND 00 /100 DOLLARS ($65, 146.00) cash, and will include the
reconstruction of the existing driveway, but will not include the replacement of the existing fence
on the property.
Page 1
T/4 4›. ARTICLE III. EARNEST MONEY
4200:00 has been tendered by Purchaser to the Seller with this Contract. Purchaser
Nrir. 1 deliver this amount (the "Escrow Deposit ") to Rattikin Title Company, 112 State Street,
'''11S Suite 200, Southlake, Texas (the "Title Company" or "Escrow Agent "). The Escrow Deposit shall
be credited towards the cash portion of the sales price at Closing; provided, however, that in the
event the Purchaser shall have given written notice to the Title Company that one or more of the
conditions to its obligations set forth in Article VI have not been met, or, in the opinion of
Purchaser, cannot be satisfied, in the manner and as provided for in Article IV, then the Escrow
Agent shall return the Escrow Deposit to Purchaser.
ARTICLE N. PURCHASER'S RIGHTS AND OBLIGATIONS
4.01 Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at
Purchaser's sole cost and expense, shall have the Title Company issue a preliminary title report
(the "Title Report") accompanied by copies of all recorded documents relating to easements,
rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before
the expiration of ten (10) days after Purchaser receives the Title Report that the condition of title
as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that any
conditions are not satisfactory, Seller shall promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller chooses not
to do so or is unable to do so within twenty (20) days after receipt of written notice, this Contract
shall thereupon be null and void for all purposes. If written notice is not received by Seller within
the 20 day period, all conditions shall be deemed to be acceptable and any objection thereto shall
be deemed to have been waived for all purposes.
4.02 Survey. Attached as Exhibit "I3" is a copy of the survey that Purchaser caused to
be prepared for Property.
4.03 New Surveys and Tests. Within ten (10) days after the date of execution, Seller
shall provide to Purchaser a copy of any environmental site assessment that Seller has caused to
be prepared for the Property, or that Seller has received. Within 20 (twenty) days after the date
of execution, Purchaser is granted the right to conduct an environmental and engineering survey
and feasibility study of the Property at Purchaser's sole cost and expense, and in this connection
Purchaser or Purchaser's designated agents may enter upon the Property for purposes of soil
analysis, core drilling, or other tests which may be deemed necessary to Purchaser or Purchaser's
engineer. If Purchaser determines, in Purchaser's sole judgment, that the Property is not suitable
for the intended purposes, then and in this event, Purchaser may, on written notice to Seller
within twenty (20) days after receipt of survey, terminate this Contract and it shall be null and
void for all purposes. If the written notice is not received within this twenty (20) day period, the
condition shall be deemed to be acceptable and any objection thereto shall be deemed to have
been waived for all purposes.
4.04 Property Condition. Within twenty (20) days after the date of execution,
Purchaser may have the property and facilities inspected by an inspector permitted by law to
make such inspections. Seller shall permit access to the property at reasonable times for
inspection, repairs, and treatment and for reinspection after repairs and treatment have been
completed.
Page 2
Purchaser will have twenty (20) days after receipt of the inspection report to review and
approve same. In the event any portion of the inspection report is unacceptable to Purchaser,
then Purchaser shall, within the twenty (20) day period, give Seller written notice of this fact.
Unless otherwise agreed by Seller and Purchaser, Seller shall, complete all agreed repairs and
treatment prior to the Closing Date. If Seller fails to complete any agreed repairs and treatment
prior to Closing Date, Purchaser may terminate this Contract and the Contract shall thereupon be
null and void for all purposes. Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the property in its current condition.
ARTICLE V. REPRESENTATIONS AND WARRANTIES OF SELLER
Seller, to its current actual knowledge, hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed made by Seller to Purchaser also
as of the Closing Date:
(1) Seller is the sole owner of the Property and has the right and ability to convey
good and marketable title in fee simple to the Property to Purchaser without the
approval or participation of any other person and free and clear of any and all
liens, encumbrances, conditions, assessments and restrictions.
(2) During Seller's ownership of the Property (1) no excavation of the Property
occurred, (2) no landfill was deposited on or taken from the Property, (3) no
construction debris or other debris (including, without limitation, rocks, stumps,
and concrete) was buried upon the Property, and (4) no toxic waste or "hazardous
substances" as that term is defined in the Comprehensive Environmental
Response, Compensation and Liability Act of 1988, or petroleum products and
derivatives thereof, were deposited on the Property. Seller further represents and
warrants that, to its current actual knowledge, none of the foregoing occurred on
the Property prior to Seller's ownership of the Property.
(3) That there are no real estate brokers', agents' or finders' fees or
commissions 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 VL CLOSING
6411li
6.01 Closing Date. The closing shall be held on [Q ?r , 2010, at the Title Company
11 11M7 date is herein referred to as the "Closing Date ").
I VO
6.02 Conditions at Closing. The closing and Purchaser's obligations under this
Agreement to purchase the Property are expressly conditioned on:
tTP,g (1) Seller's delivery to Purchaser a duly executed and aclmowledged kate
,% 1 h 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
HESS Paste 3
liens, encumbrances, conditions, assessments, and restrictions other than as
provided in this Contract.
(2) Seller's delivery to Purchaser of a duly executed and acknowledged Temporary
Construction Easement in the form attached hereto as Exhibit "D ".
(3) Delivery to Purchaser, at Purchaser's sole expense, of a Texas Owner's Title
Policy, issued by the Title Company in the full amount of the purchase price,
insuring Purchaser's permanent right-of-way on the Property, subject only to those
title exceptions listed in this Article VI, if any, such other exceptions as may be
approved in writing by Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record"; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
(3) Seller's execution of such documents and instruments reasonably requested by the
title company to consummate the transactions contemplated herein.
(4) Delivery to Purchaser of possession of the Property.
6.03 Failure of Conditions. Should any of the conditions specified in Paragraph 6.02
of this Contract fail to occur within twenty (20) days after the establishment of Closing as
provided in Paragraph 6.01 of this Contract, Purchaser shall have the power, exercisable by
written notice to Seller, to cancel the closing, terminate this Contract, and recover any amounts
paid by Purchaser to Seller or to the Title Company on account of the purchase price of the
Property. The exercise of this power by Purchaser shall not, however, constitute a waiver of any
other rights Purchaser may have against Seller for breach of this Agreement. The Title Company
(Escrow Agent) shall be and is hereby irrevocably instructed by Seller on any such failure of
condition and receipt of such notice from Purchaser by it to immediately refund to Purchaser all
monies and instruments deposited by Purchaser pursuant to this Contract.
6.04 Prorations. Any assessments against the Property as of the Closing Date shall be
paid. by Seller on or before the closing. General real estate taxes for the then current year
relating to the Property, interest on any existing indebtedness, and rents if any, shall be prorated
as of the closing date and shall be adjusted in cash at the closing. in the event any roll back or
other deferred taxes exist which are retroactive to the period of Seller's ownership of the
Property or any time prior thereto pursuant to a change in zoning, use, ownership or otherwise,
such retroactive taxes shall remain the obligation of Purchaser. This provision shall survive the
closing.
6.05 Closing Costs. All costs and expenses of closing in consummating the sale and
purchase of the Property shall be borne and paid as follows:
Page 4
Owner's Title Policy paid by Purchaser
Survey paid by Purchaser
Environmental and Engineering Survey, if any, paid by Purchaser
Inspection Reports, if any, paid by Purchaser
Filing fees paid by Purchaser
Attorney's fees paid by the party incurring same
ARTICLE VII. REAL ESTATE COMMISSIONS
Seller shall pay, at Seller's sole cost and expense, any commissions or brokerage fees
associated with this Contract which are owed by Seller. Seller agrees to indemnify and hold
the City harmless from claims made by any person for any such fees, commission or like
compensation claiming to have dealt with the Seller.
ARTICLE VIII. BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder
or shall fail to consummate the sale of the Property for any reason, except because of Purchaser's
termination of this Contract or because of Purchaser's default, Purchaser may either terminate the
Contract, enforce specific performance of the Contract, or seek other remedies available at law,
in equity, or by statute. Seller's failure to satisfy Purchaser's objections under Article VI shall
constitute a default by Seller.
ARTICLE IX. BREACH BY PURCHASER
If Purchaser shall fail to consummate this Contract for any reason, except Seller's default
or the termination of this Contr act pursuant to a right to terminate given herein, Purchaser shall
be in default and Seller may at its sole and exclusive remedy have the Escrow Deposit paid to
Seller as liquidated damages for the breach of Contract thereby releasing Purchaser from this
Contract.
ARTICLE X. MISCELLANEOUS
10.01 Effective Date. The effective date of this Contract will be the date the Iast party
executes the contract.
10.02 Survival of Covenants. Any of the representations, warranties, covenants, and
contracts of the parties, as well as any rights and benefits of the parties, pertaining to a period of
time following the closing date of the transactions contemplated hereby shall survive the closing.
10.03 Notices. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by certified United States mail, postage prepaid, return receipt
requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the
signature of the party hereunder.
Page 5
10.04 .. Texas Law to Apply. This Contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Tarrant County Texas.
10.05 Parties Bound. This Contract shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives, successors
and assigns where permitted by this Contract.
10.06 Legal Construction. In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been
contained herein.
10.07 Gender. Words of any gender used in this Contract shall be held and construed
to include any other gender, and words in the singular number shall be held to include the plural,
and vice versa, unless the context requires otherwise.
10.08 Time. In this Contract, time is of the essence and compliance with the times for
performance is required.
10.09 Attorneys Fees. The prevailing party in the adjudication of any proceeding
relating to this Agreement shall be authorized to recover its reasonable and necessary attorney's
fees pursuant to Sec. 271.159 of the Texas Local Government Code.
EXECUTED this ft's day of .5c-- tee -, , 2010. .
SELLER: PURCHASER:
CITY OF SOUTHLAKE, TEXAS
-#11; / // By
Vi ton Southlake Development, LLC John Terrell, M
600 North Kimball Avenue 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
Page 6
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared David Keener, known to me (or proved to me on the oath of or
through f 5(rL o 7'{ ,KX -- [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.
. . 1 N UNDER MY HAND AND SEAL OF OFFICE, this the /r day of
, J - , 2010.
d 1 �,8Y DOe, CHRISTOPHER DANIEL RANEY ` Z z
? � i_ Notary Public. State of Texas Notary Pub c in and fo
�� - My Commission ex The State of Texas •
1 %40 June 03 20
My Commission Expires: 4,-%4 , ,Ii,� kah �'�
Typed or Print { d Name of Nary
Jaffe 03, z /e,
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.
S'f
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2 J day of
Sep - e,v> €" , 2010.
Gt
Notary Public in an for
The State of Texas
My p
M Commission Expires: t0- Z - t3 Lrc Pail 14. e._ `\ „,,tuniut,,,,,Typed or Printed ame of Notary
R\ PAY& ///
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NOTICE:OF .CONFIDENTIALIT Y.RIGHTS:.IFYOU AREA NATURAL, PERSON, YOU MAY REMOVE OR
STRIKE ANY 'OF THE•FOLLOWING INFORMATION FRONT 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
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, VISION ••SOUTHLAKE DEVELOPMENT LLC., acting by and through the
undersigned, `their duly •authorized .representative, of the' County of Tarrant, State of
Texas, for and in consideration of (ENE 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 , 2010.
VISION SOUTHLAKE DEVELOPMENT LLC.
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 na.me 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 , 2010.
Notary Public in and for The State of Texas
Commission Expires:
•
PARCEL -NO.7 •
G DOCIKIMBALL- LEGAL% PROw7Cover
EXHIBIT "A"
LEGAL- DESCRIPTION
PERMANENT: RIGHT -OF -WAY
NORTH KIMBALL AVENUE; STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 7
BEING 0.145 acre of and located in the T. Mahan Survey, Abstract No. 1049,
Southlake, Tarrant County, Texas, and being a portion of the tract of land
designated as Tract 11 in the deed to Vision Southlake Development, LLC
recorded in County Clerk's File No. D209248143 of the Deed Records of Tarrant
County, Texas, and a portion of the tract of land conveyed to Vision Southlake
Development, LLC by the deed recorded in County Clerk's File No. D207191108
of the Deed Records of Tarrant County, Texas. Said 0.145 acre of land being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod found at the most Northerly corner of said Tract II,
and said POINT OF BEGINNING being the intersection of the existing West
right -of -way line of North Kimball Avenue with the South right -of -way line of
Kirkwood Boulevard;
THENCE along the East boundary line of said Vision Southlake Tracts and
the existing West right -of -way line of said North Kimball Avenue as
follows;
1. S 44° 56' 34" E 48.22 feet, to a point;
2. S 00° 45' 34" E 40.03 feet, to a ''/2" iron rod found at the
Southeast comer of said Tract II;
3. N 89° 53' 28 " E 7.20 .feet, to a '' /2 iron rod found at the
Northeast corner of said Vision Southlake tract. recorded in C.C. No.
D207191108;
4. S 00° 49' 52" E 205.30 feet, to a point;
THENCE S 89° 12' 53" W 22.17 feet, to a 1/2" iron rod marked "Brittain &
Crawford ", set in the new West right -of -way line of said North Kimball
Avenue;
THENCE along the new West right -of -way line of said North Kimball Avenue
as follows;
1, N 00° 49' 31" W 233.26 feet, to a' /2" iron rod marked "Brittain &
Crawford ", set;
2. N 51 34' 54" W 63.26 feet, to a %z" iron rod marked °Brittain &
Crawford ", set in the North boundary line of aforesaid Tract I1,.and the
South right -of -way line of said Kirkwood Boulevard;
THENCE NORTHEASTERLY 31.16 feet, along the North Boundary line of
said Tract II, with a curve to the right having a radius of 550_00 feet, a
central angle of 03 °14'46 ", and a chord bearing N 76° 40' 47" E 31.16 feet,
to the POINT OF BEGINNING containing 0.145 acre (6,301 square feet)
of land.
G: doc \k im ba I I- legals\prow7
POINT OF BEIGIN1
A= 03 °14'46" 5 /8" IRON ROD FO D
R= 550.00' MOST NORTH 'LY ORN R OF
TRA. 11
L= 31.16' S 44'5 '3 "E
LC= N 76 °40'47 "E ' =. 2'
/moo® 31.16 ' - - - 4, S QQ° 5'34 "E
y��'V 1/2 IRS s7 O , 4 .03'
�� „- VISION .SOUTHLAKE $ `� ?sS�, °53'28 "E
DEVELOPMENT, LLC.. yy • c 1 7,20
TRACT .II
CC No. 0209248143 1/2" IRS I
D.R.T.C.T. 1 1 2” RON OD FOUND
— 1/2" IRON ROD FOUND I llir
1
PERMANENT RIGHT -OF -WAY 1 I ( �S'
0.145' ACRE / ` 6,301 SQ.FT. 1 5
�� ! io Fi
4 ". IN = g
4 . !M a 1 Z
I
104 - J O o 4
1 3 4 N ,
VISION SOUTHLAKE o I --I '
DEVELOPMENT, LLC. P. ° 8 w a 1 m b`ti
C.C. No. 0207191108 ; - 1 ���
D.R.T.C.T. ! �- DC 1 - Y
'Pc" 1 In I Z
1
10' TEMPORARY CONSTRUCTION
EASEMENT, 0.054 ACRE C 1 -
2,373 S0.Ff. 1� I
1 1
1
1/2" IRS LI
, al rl
LOT 2, BLOCK 1, KIMBALL LAKES OFFICE PARK
CC No. 0209037493, D.R.T.C.T. S 89 °12'53 "W �
cn
SURVEYED ON 114E GROUND 22.17'
MAY 26, 2010
/ i, lq �` q \ \ i
r JAMES L BRITTAIN
_ r
&NIESi L BRIffilnl � f y , sy
REGISTERED .. PROPERTY CORNER NOTE
: PROFESSICNN +i . �y
LAND SURVEYOR - SURN
STATE OF TEXAS NO. ALL PROPERTY CORNERS SET ARE 1/2" !RON RODS
-
1874 �. - WITH CAP MARKED "BRI'lTAIN & CRAWFORD"
1 1 e t
CITY 0 f SO U
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, S.H. 114 TO DOVE ROAD
EXHIBIT "B"
Rn'rm &Cuwgoiw PERMANENT RIGHT —OF —WAY
B Y g
LAND suaVEvlNC & 0.145 ACRE OF LAND
n
z II
,POGR HIC MAPPING LOCATED THE
<"fl ate i (amin-o +Ee -errs
FAK Ma < „ n e�.,w T. MAHAN SURVEY 11 .
F.O. ODE I IRT4 • RON =TM FREERf ABSTRACT No. 1049
Fa+r WIT% ,F]Me 781 10
°wii °'" SOUTHLAKE, TARRANT COUNTY,
\KIM94lLvRON -7,
TEXAS SCALE 1 "= 40'
-
TEMPORARY CONSTRUCTION EASEMENT
VISION SSOUTHLAKE DEVELOPMENT, LLC
TO THE.CITY OF.SOUTHLAKE
TARRANT COUNTY, TEXAS
Being the owner of the above referenced property, I (we) hereby grant to the City of Southlake,
and to the Contractor, a temporary construction easement through a portion of a tract of and
conveyed to Vision Southlake•Development, LLC by the deed recorded in County Clerk's File No.
0207191108 of the Deed Records of Tarrant County, Texas for the purposes of constructing
necessary roadway facilities.
The temporary construction easement shall be 10 feet wide and shall be West of and parallel to
the Permanent Right -of -Way Line•shownOh Exhibit "B" attached hereto.
It is understood that during construction, the Contractor will of necessity require the temporary
construction easement to accommodate movement of equipment for handling and placement of
piping and supplies, but only as may be necessary, and in no case shall the Contractor permit
equipment to become in contact with, or damage existing buildings or other permanent lot
improvements. It is further understood that the Contractor shall be required by the City to restore
all areas of the lot, relative to fencing, structures, and other improvements to pre - existing
conditions, or better. The above granted permission shall expire and further activities limited to
the permanent utility easement of record upon final acceptance by the City of the Contractor's
work.
Permission and access granted this, the day of , 2010.
OWNER(s) (Printed Name) OWNER(s) (Signature)
OWNER(s) (Printed Name) OWNER(s) (Signature)
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally
appeared , known to me or proved to me through
(description of identity card or other document), to be the
same person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2010.
NOTARY SEAL
Notary Public, State of Texas
• Notary's Name (Printed)
•
Notary's Commission Expires
•
AFTER EXECUTION BY OWNER, PLEASE
RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
do Public Works Department
1400 Main Street, Suite 230
Southlake, Texas 76092
Phone: 817 - 748 -8089
PARCEL NO. 7 Fax: 817 - 748 -8077
RTC t O pc�T15ca
�CIAL RECORD
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 AFL.YOUR DRIVER'S
LICENSE NUMBER.
CITY OF SOUTHLAKE
DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, VISION SOUTHLAKE DEVELOPMENT LLC., 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, 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.
Grantor hereby reserves and retains for itself, its legal representatives, successors and
assigns forever, all of Grantor's interest in the oil, gas, and other minerals in and under
and that may be produced from the Property (collectively, the "Oil and Gas "); provided,
however, not included within the definition of Oil and Gas are minerals that form a part of
the soil or surface such as sand, iron ore, gravel, uranium or limestone. Grantor waives
and relinquishes any use of the surface of the Property for any reason, including without
limitation, the right to enter upon the Property, the exploration and /or removal of such Oil
and Gas, and the right to place or maintain any structures, improvements, equipment or
pipelines in, on, under or across the Property or to install any fixtures or facilities on the
surface of the Property. Notwithstanding the foregoing, such surface use waiver does not
prohibit subterranean underground directional drilling activities under the Property that
begin upon and are conducted from the surface of real property other than the Property,
provided that such drilling activities at all times are sufficiently below the surface of the
Property as to not interfere with or disturb in any manner the present or future use to
which Grantee or Grantee's successors and assigns may desire to devote the Property;
provided, however, in no event shall the directional drilling or sub - surface activities be at
depths less than five hundred (500) feet below the overlying surface of the Property.
Grantor, and Grantor's successors and assigns, shall be responsible for any damages to
the Property and any improvements from time to time located on the Property caused by
Grantor's reservation of such minerals.
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 da` day of t/xi -- , 2010.
Vision Southlake Development, L.L.0
a Texas limited liability company
By: (Av
LI Ran I White, Jr, Member'
Steve Paulsen Properties, Ltd
a Texas limited partnership, member
By: Steve ulsen Property Management, LLC
Its ge ral partner
By:
Steve Paulsen, Member
By: Davtra Holdings, L. P.
A Delaware limited partnership, member
B Qcv - G,. "-h\le5 -ki
Its general partner I
By: •►��' 7
David Keener , ?�� , . Da ULOWOJJ
STATE OF Texas
COUNTY OF Tarrant
This instrument was acknowledged before me on 10/22/10 by Lloyd Randall White, Jr.,
as the Member, of Vision Southlake Development, LLC, a Texas corporation, on behalf
of sai b oiyoration.
*1 pRY7 D.E. HOOVER III
Notary Public
My commission expires: : * A STATE Oc TEXAS
I*iy Comm. Exi.10 /3'i/ 011
(SEAL)
STATE OF Texas
COUNTY OF Tarrant
This instrument was acknowledged before me on 10/22/10 by Steve Paulsen, Alt-a,, of
Steve Paulsen Property Management, LLC, general partner of Steve Paulsen Properties,
Ltd as the Member, of Vision Southlake Development, LLC, a Texas corporation, on
behalf of said corporation.
i ` y I ten (404.---
��pAYPt/@ MONICA PADEN
My commission expires: * -�1� * Notary Public, State of Texas
ri. My Commission Expires
(SEAL) � ).0 *Py � 08 -14 -2013
STATE OF Texas
COUNTY OF Tarrant
This instrument was acknowledged before me on 10/22/10 by David Keener, d>" of
ail- S (lJ general partner of Davtra Holding, L.P. as the Member, of
Vision Development, LLC, a Texas corporation, on behalf of said corporation.
cv --- ---------
r
ccsYZ 3 ,'1 < WILL
_IAMS
My commission expires: ".,-- Not x° t public ¢ `.f i 1 2 f IA r . Of- . TEA,A Ii
(SEAL) ° ' ''' , � -_ -'e/ � x s1. 141131201
2102101003 7
P. 2 0'5
EXHIBIT A
LEGAL DESCRIPTION
PERMANENT RIGHT- OF-WAY
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 7
BEING 0.145 acre of land located in the T. Mahan Survey, Abstract No. 1049,
Southlake, Tarrant County, Texas, and being a portion of the tract of land
designated as Tract II in the deed lo Vision Southlake Development, LLC
recorded in County Clerk's File No. 0209248143 of the Deed Records of Tarrant
County, Texas, and a portion of the tract of land conveyed to Vision Southlake
Development. LLC by the deed recorded in County Clerk's File No. D207191108
of the Deed Records of Tarrant County, Texas. Said 0.145 acre of land being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod found at the most Northerly comer of said Tract II,
and said POINT OF BEGINNING being the intersection of the existing West
right -of -way line of North Kimball Avenue with the South right -of -way line of
Kirkwood Boulevard;
THENCE along the East boundary line of said Vision Southlake Tracts and
the existing West right -of -way line of said North Kimbaf Avenue as
follows;
1. S 44 56' 34' E 48.22 feet, to a point;
2. S 00 45' 34" E 40.03 feet, to a W iron rod found at the
Southeast comer of said Tract II;
3. N 89' 53' 28' E 7.20 feet, to a W iron rod found at the
Northeast comer of said Vision Southlake tract, recorded in C.C. No.
D207191108;
4. 8 00° 49' 52" E 205.30 feet, to a point;
THENCE S 89' 12' 53' W 22.17 feet. to a 1/2' iron rod marked 'Brittain &
Crawford ", set in the new West right -of -way line of said North Kimball
Avenue;
THENCE along the new West right -of -way line of said North Kimball Avenue
as follows;
1. N 00' 49' 31" W 233.28 feet, to a W iron rod marked 'Brittaln &
Crawford', set;
2. N 51' 34' 54" W 63.26 feet, to a W Iron rod marked 'Brittain &
Crawford', set in the North boundary line of aforesaid Tract II, and the
South right -of -way line of said Kirkwood Boulevard;
THENCE NORTHEASTERLY 31.18 feet, along the North Boundary line of
said Tract 11, with a curve to the right having a radius of 550.00 feet, a
central angle of 03 °14'46', and a chord bearing N 76' 40' 47" E 31.16 feet,
to the POINT OF BEGINNING containing 0.145 acre (6,301 square feet)
of land.
NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT. b2102/DW.)37
gy p. 3 b 5
SEP -23 - 2010 15:17 Katt1Kin litie wmfrnuy
POINT OF R B�GIN ING ,
=
. 03 °14'46"
R= 550.00' Mosr • - 2 LY roRN • OF
L= 31.16' S 44 5€'3 'E
LC= N 76 °40'47 "E .22'
V 31.16 ` 4 / S 00° 5'34 "E
400 1 / 2 " RS • ° A. 41.03'
%- - ,V,. VISION SOUTHLAKE 6� is , V ; '28 "E
DEVELTORPMEN , LLC. � 4 7 20'
CC No. 0209248143 1/2" IRS I
D.R.T.C.T. 1 1 2" RON ••D FOUND
1/2" IRON ROD FOU II
1 1
PERMANENT RIGHT -OF -WAY'
J 0.145 ACRE / 6.301 SOFT. � I , GP
I
IN M y
O IZ
N z w Y'1 eg , >
Z 0 14
1 y N
VISION SOUTHLAKE 3 3
DEVELOPMENT, LLC. F. ! - w 1 m `
C.C. No. D207191108 r le 1 Y ,c
A D.R.T.C.T
4� P In 't H
46 z 0 li 4 0
(f/ Z
I
1
10' TEMPORARY CONSTRUCTION
EASEMENT, 0.054 ACRE —
2.373 SO.FT. � � r
I I
^� ... � 1 / 2 1 I
_ — f i I f
LOT 2. BLOCK 1, KIMBALL LAKES OFFICE PARK
CC ND. D209037493. D.R.T.C.T. 5 89 °12'53 "W
N
sumo ON THE °NOM 22.17'
INN 242010 = it ' i
h!
. JAMES - BWTTAIN ,
JAMES L INTI M ', f7. 1674 ie
I�SIEMD PIIOIE!l011�
� p .� ' ". . , PROPERTY CORNER NOTE
LAND . . . -
SW sat= E OF 1DfAS N0. 1174 , SU .
SAT ALL PROPERTY CORNERS SET ARE 1/2 IRON RODS
WITH CAP MARKED "BRRTAIN le CRAWFORD"
1 @ I CITY OF SOUTHLAKE .
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, S.H. 114 TO DOVE ROAD
EXHIBIT "B"
BBrrrAIx C R PERMANENT RIG -OF - WAY
• 0 ACRE OF LAND
^"C " t ;,I LOCATED THE
4 ....
t•' *l ••1Q1 . ° T. MAHAN SURVEY
FM lb. • ° ° '' ^' -'°""""'CEIN" ABSTRACT No. 1049
ma' VOTTPI. WIN VP 10 SOUTHLAKE, TARRANT COUNTY. SCALE t 40'
\ v ,�, -, TEXAS
• 12102101x037
p. 145
SUZANNE HENDERSON .. = •�•w.
COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196 -0401
"• PHONE (817) 884 -1195
RATTIKIN TITLE
201 MAIN ST STE 800
FT WORTH, TX 76102
Submitter: RATTIKIN TITLE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD,
Filed For Registration: 10/27/2010 1:14 PM
Instrument #: D210266037
D 5 PGS $28.00
By:_
D210266037
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Prepared by: VMMASSINGILL