Union Hall Addition (Lot 1, Block A) - ROW CONTRACT OF SALE
STATE OF TEXAS §
§ .01 �t►
COUNTY OF TARRANT § 1 0
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THIS CONTRACT OF SALE is made by and between Transport Workers Union #513 of a 554( ah
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 II. 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 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 O pu , 2011.
1
SELLER: PURCHASER:
T PORT WORKERUNION #513 CITY 1 F SOUTHLAKE, TEXAS
By ! ` i' l?t k ;v- �� i By
,i?-s-6-
Darn . fierce John Terrell, Mayor \
`' By ":„... 1400 Main Street J
Darrel Kizer 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
C D 1 [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 0 j � day of
4 6,Th - , 2011.
� MIL ) ,a(
�► STEPHANIE J.11118TSMrH ilif
' �' My Commission EgNms No tary ub lic in and for
Mr/ 21.2012 The State of Texas
T i e ED rf J co i
y ommission x r :
215 } MciAl 2 I 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
— 11 :1 [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
-C' YV,0r3 , 2011. a
I N otary/ublic in and or
Msy 21 The State of Texas
My Commsion x t s: e ? y 1 C J 1 ,DreA I
21 Hu 2011 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 South lake, 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 a day of
Atheill , 2011.
Cbad/3470
Notary Public in and for
The State of Texas
My Commission Expires: esig Vka A &Mk5
Typed or Printed Name of Notary
TARA A BROOKS
*: z . Notary Public, State of Tex as
My Commission Expires
October 08, 2014
•
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
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
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, 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 , 2011.
DARRIN J. PIERCE DARREL KIZER
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 , 2011.
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 DARREL KIZER, 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 , 2011.
Notary Public in and for The State of Texas
Commission Expires:
g:DOC \ KIMBALL-LEGAL \ PROW 10Cover
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 1 /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 1 /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.
g 2009 \legals\kimball- legals\prowl 0\
HOWARD BRUCE BARTON, JR. AND WIFE,
MOLLY D. BARTON
VOL. 6242, PG. 222, D.R.T.C.T.
D.R.T.C.T. I w
1 I � J
N 89 °10'56 "E 1 (II 1 � c � " q.
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- - - 1/2" IRS EXITING RIGHT -OF -WAY LINE
PERMANENT RIGHT -OF -WAY LINE I I
ii) o O J -- -
LOT 1, BLOCK A 0 0 a PATTERSON
UNION HALL ADDITION `•1 N I03j WAY
VOL. 388 -200, PG. 96 1 Z
P.R.T.C.T. 3 w Y ; / _ _
TRANSPORT WORKERS UNION, #513 M 0 [--
VOL. 8727, PG. 2023, D.R.T.C.T. d Ce 1
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0 0
z POINT OFI BEGINNING
PERMANENT RIGHT -OF -WAY 1/2" IRON1 ROD FOUND
0.025 ACRE / 1,093 SQ.FT.
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S 89 °10'56 "W I �0'. G "..
5.24' I I P0
GATEWAY CHURCH I I
CC. No. D204303704 I
P.R.T.C.T.
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SURVEYED ON THE GROUND
OCTOBER 7, 2009
. ' OF .. T f
;07e * 4, .s 4 ,
/ ` < JAMES L BRITTAIN >
,�..s 1674 ; .
JAMES L BR(TTAIN z'y °`FSSTo`� �� I PROPERTY CORNER NOTE
REGISTERED PROFESSIONAL ' O S URI' �
LAND SURVEYOR , i' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
STATE OF TEXAS NO. 1874 (1/2" IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
6 CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B"
RrrrAIN &CRAWFORD PERMANENT RIGHT -OF -WAY
B Y
TOPOGRAPHIIC'MAPPING 0.025 ACRE OF LAND = II ..
LOCATED IN
(8I7) 8E8-0E11 - 11E,NO Mr/ 419-8112 LOT 1 , BLOCK A
P.O. B = _
FAX N a (817) 926 -8347 II
BOX 11374 SMITH 0 E.A. UNION HALL ADDITION
M"` `"`�� SOUTHLAKE, TARRANT COUNTY,
\ KIMBALL \J1Owio\ 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
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
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 DARRELL KIZER
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 , 2011.
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,
DARRELL KIZER, 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 , 2011.
Notary Public in and for The State of Texas
Commission Expires:
PARCEL No.10
DOCMimbell- Igals■cover -es -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, Tying S 89° 10' 56" W 5.24 feet, from a 1 /2' 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 1 /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.
g2009 degalskimball- legais'es -10
HOWARD BRUCE BARTON, JR. AND WIFE,
MOLLY D. BARTON
VOL. 6242, PG. 222, D.R.T.C.T.
D.R.T.C.T. I JI
N 89 °10'56 "E 1/2 IRS jl 1 ��
10.00' j ��
-
+ ' PROITOSED NEW RIGI - T -OE -WAY LINE
I
I I
LOT 1, BLOCK A o p m W PATTERSON
UNION HALL ADDITION cv
VOL. 388 -200, PG. 96 1 �z WAY
1 W P.R.T.C.T. 3 id . - -
/
TRANSPORT WORKERS UNION, #513 M M IX '
VOL. 8727, PG. 2023, D.R.T.C.T. 0 1 Z i
0 I
p I o
PERMANENT UTIUTY, DRAINAGE AND Z 1/2" IRON ROD FOUND
EASEMENT, 0.048 ACRE SOUTHEAST CORNER OF
NION HALL ADDITION
2,081 SOFT. h
I h
S 89 °10'56 "W 5.24
S 89 °10'56 "W v �o
POI T OF BE INNING �/
10.00' 1/2" IRON RO SET 0
I I P
GATEWAY CHURCH I
CC. No. D204303704 I
P.R.T.C.T.
I
5 °• I
� . P �� � D
11
II ,
PROPERTY CORNER NOTE
SCALE 1 "• 60' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
1
Sj CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRtz'rAIN &CRAWFORD PERMANENT UTILITY AND II - ' OF D
LAND SURVEYING & DRAINAGE EASEMENT f ► ' /h�� a T f' q \
'
TOPOGRAPHIC MAPPING ■ y: "� * ` Vi, a�
tens 926-0[11 - �Tno (' 7, 4t9-3112 0.048 ACRE OF LAND \.... JAMES L BRITTAIN •
FAX Rio. (017) 920-9317 LOCATED IN J , 9 y 1 674�� : 5A. i / ))
P.O. SOX 11374 ••• 300a 3001.1 FREEWAY
y 'gg y
FORT WORTH, TEwu 7!110 LOT 1 , BLOC A ' a v�J
ouL w°r,eaxRam- a„rod.m, SU R - -
UNION HALL ADDITION `
IMBAII '
\K 10 SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 20
SOUTH
\-�- \ 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
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
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 , 2011.
DARRIN J. PIERCE DARREL KIZER
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 , 2011.
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
DARREL KIZER, 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 - TCE
G2009 \LEGALS \KIMBALL - LEGALS \TE MP -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 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 point;
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 2009Uegalslkimball- IegaIS\TEMP -10
HOWARD BRUCE BARTON, JR. AND WIFE.
MOLLY D. BARTON
VOL. 6242, PG. 222, D.R.T.C.T.
D.R.T.C.T. I z1 � y
1 I �.)
N 89 °10'56 "E 1 /2 IRS ?I 1 ��cc
10.00' v,
c,.
_ PROPOSED NEW WIGHT—OF—WAY LINE
1 PROPOSED 10' IUTY, DRAINAGE
AND WALL
c0 —3 \ - -
LOT 1, BLOCK A o u m W
PATTERSON
UNION HALL ADDITION (4 i I M WAY
VOL. 388 -200, PG. 96
38
P.R.T.C.T. M Flo o I 2
> / — —
a =
TRANSPORT WORKERS UNION, #513 110 X< 1
VOL. 8727, PG. 2023, D.R.T.C.T. ,. N
10 I
o
o I Z
0
z II
TEMPORARY CONSTRUCTION I I 1 / 2 " IRON ROD FOUND
EASEMENT, 0.048 ACRE SOUTHEAST CORNER OF
UNION HALL ADDITION
2,081 SQ.FT.
- - — -- -- i I h
S 89 °10'56 "W 15.2 ' °.
S 89 °10'56 "W POI T OF BE INNING &
10.00' 1/2" IRON RO SET 4,
1 1 P.
GATEWAY CHURCH I
CC. No. D204303704 I
P.R.T.C.T.
I
`p o' I
�P `' ¢P GA ? I
1 11
II
PROPERTY CORNER NOTE
SCALE 1 60' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
1
CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRrrrw» & CMWI oRD TEMPORARY CONSTRUCTION .:
u"° SURVEYING & EASEMENT /: fi r, OF T
TOPOGRAPHIC MAPPING �y.t.0 ' p i s
0 ACRE OF LAND %
OBIT) Wee -aE i i WETRO T S iT T 429-5112 '• JAMES 1.. SWUM +
FAX No. OM 926-9347 `
P.O. BOX 38011 WW
are • 3WOTH FREEWAY LOCATED IN 1
FORT WORTH, TEXAS TWi 10 LOT 1, BLOCK A , 9 d :S! lss y` e y ° �
Evw � UNION HALL ADDITION . sure
\KIMBALL\T -10\ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 2010
4
IC C_ DR- 044+883
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 ,-
� KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT �f` CA, * . s 13 L•L` L nt CSS Oct c47 n )111C-
THAT, TRANSPORT WORKERS UNION, 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, 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 r)- day of , 2011.
Cr.L2,7 .... (------\ ?
D J. PIER D L KI '
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 o . ,A,: 2011.
rAr GAYLE GIEr3FLSTF N
'' 1 Not Pu ,
p �`
Public in and for The State of Texas
1 2
� Notary Publi � STATE OF TE Commission Expires:
,vtG M
ST C Exn 04 /1J/2015 1
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared DARREL KIZER, 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. �
G iTASID�ER�MY NQ(JD AND SEAL OF OFFICE, this the1 day of I ' ,fr S2 011.
il
9ry PubUr
" " ✓Y ,v " 'T A r ?`FXAS Nota u an for The State of Texas
Y
� •...,,,nL-0 /13/2015 Commission Expires:
g:DOC \KIMBALL- LEGAL\ PROW 10Cover
i211138'7a7 p. / 'I
e
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 1 /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 Y"
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 'A" 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.
9:2009 I e g a I s∎k i m b a I I -1 e g a I s \prowl O■
22111337O/p.2c/4
■
HOWARD BRUCE BARTON, JR. AND WIFE,
MOLLY D. BARTON
VOL. 6242, PG. 222, D.R.T.C.T. I
D.R.T.C.T. L.0 ` ��
I 0 J
I � ? �
N 89 °10'56 "E =1 I ��
� �
5.27' v' I 5 •
- - - - 1/2" IRS EXITING RIGHT -OF -WAY LINE
PERMANENT RIGHT -OF -WAY LINE I I
co tD
0 0 J - -
LOT 1, BLOCK A o o a PATTERSON
UNION HALL ADDITION N N 1 2D WAY
VOL. 388 -200, PG. 96 3 w I ]G W — _
P.R.T.C.T. _ - /
TRANSPORT WORKERS UNION, #513 M 0 Ha
VOL. 8727, PG. 2023, D.R.T.C.T. III) ° IXO I
I Z
0 0 I
Z POINT OFI BEGINNING
PERMANENT RIGHT -OF -WAY 1/2" IRON ROD FOUND
0.025 ACRE / 1,093 SQ.FT.
I
-- - - 1/2 „ IRS I 401
A.
S 89 °10'56 "W c.,
i Ar
5.24' I I Pew
GATEWAY CHURCH I I
CC. No. D204303704 I
P.R.T.C.T.
I
J Z
co O I J I
I
t • P05 3 tr
SURVEYED ON THE GROUND
OCTOBER 7. 2009
JAMES L B RITYAIN ,
I. -IF . '� <`;°.p 1674 ,Ws�
JAMES L mu ;1 -l F PROPERTY CORNER NOTE
REGISTERED OR ` SURNC ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
STATE NO. 1874 v �
ST (1/2” IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
I CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B"
b B m rr &CRAWFORD PERMANENT RIGHT -OF -WAY
&m
LAND H SURVEYING TOPOGRAPHIC MAPPING 0.025 ACRE OF LAND IL .
0177 92e -OR11 - 1ETNO tar] 40-W112 -108.
IN
FAX No. (617) 926 -9347 LOT 1, BLOCK A — >°
P.O. BOX T':ORTH MOO KIM FREEWAY A7 UNION HALL ADDITION
O"` "ri"eb" n-w "`'d "" SOUTHLAKE, TARRANT COUNTY, j�
\KIURAu�ow,a\ , TEXAS SCALE 1"= 60' bal'l3Q Q 1U i
p. 3 c/1
MARY LOUISE GARCIA ,,. - •.
��Ut347 i
s
COUNTY CLERK
100 West Weatherford Fort Worth, TX 76196 -0401
• •iiii *`•i•
PHONE (817) 884 -1195
RATTIKIN TITLE COMPANY
201 MAIN ST STE 800
FT WORTH, TX 76102
Submitter: RATTIKIN TITLE COMPANY
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 6/13/2011 1:39 PM
Instrument*: D211138709
E 4 PGS $24.00
By:
D211138709
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: SLDAVES