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Napa Valley Phase II (Lot 11, Block 1) - ROW AGREEMENT TO DEDICATE RIGHT -OF -WAY STATE OF TEXAS § RERD , ., ,:,, „ COUNTY OF TARRANT § This agreement is entered into by and between the City of Southlake, Texas, hereinafter referred to as the "City ", and Norman J. Brown and Norma J. Brown, individually and as trustees of the Norman J. Brown and Norma J. Brown revocable living trust, hereinafter referred to as the "Owners ", the owners of the below described property. WHEREAS, a plat revision of Lot 11, Block 1, Napa Valley Phase 1i and including an approximately 1.67 acre tract of unplatted land situated in the J. W. Hale Survey, Abstract No. 803 (the "Plat "), was approved by the City Council on January 20, 1998, as Case No. ZA 97 -173; WHEREAS, pursuant to such approval the Owners are required to dedicate within the Plat Right -Of -Way along East Continental Boulevard and South Carroll Avenue; and WHEREAS, the City and the Owners desire to document their agreement with regard to certain issues relating to the Owners responsibility to dedicate the aforementioned Right -Of -Way. NOW, THEREFORE, the parties hereto agree as follows: 1. Owners agree to dedicate the Right -Of -Way by executing and filing of record in the Plat Records of Tarrant County the Plat. 2. In exchange for Owners agreement to dedicate the Right -Of -Way, City agrees to pay Owners the sum of eleven thousand and seventy six dollars ($11,076.00.) 3. City agrees to not require removal of the existing residential structure that may or may not encroach in the building setback line along Carroll Avenue. This does not preclude the city, at some point in time in the future, from requiring the removal of any buildings deemed dangerous and substandard in accordance with health and safety regulations. 4. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. SIGNED and effective on the 24) c day of Fe,f J ?7/ , 1998. OWNERS: C orman J. Brown, ind dually and as trustee of the Norman J. Brown and orma J. Brown revocable living trust i Norma J. Bro n, individually and as trustee of the Norman J. rown and Norma J. Brown revocable living trust CITY OF SOUTHLAKE, TEXAS / P i' � By: „,„r Rick St. cy, Mayor RETURN TO: CITY OF SOUTHLAKE L: \COMDEV \WP - FILES \MEMO \97CASES \97 - 173 -F.WPD OFFICE OF COY SECRETARY 172S EAST SOtiT IMcE BOULEVARD SOUTHLAKL TEXAS 76092 STATE OF TEXAS § COUNTY OF TARRANT § - This instrument was acknowledged before me on the !g day of , 2002, by Mayor Rick Stacy. ./7) 07/Oza k ) Notar Public Return to: Office of City Secretary City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 D202050992 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 -WA RNING-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT D E S T R O Y INDEXED--TARRANT COUNTY TEXAS SUZANNE HENDERSON-- COUNTY CLERK OFFICIAL RECEIPT T 0: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 202166802 DR2A LW 02/22/2002 10:04 INSTRUMENT FEECD INDEXED TIME 1 D202050992 WD 20020222 10:04 CG T OTAL: DOCUMENTS: 01 F E E S: 11.00 B Y: 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.