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T. Mahan Survey, Abstract No. 1049 (Lot 14), 2011 - Deed Electronically Recorded Tarrant County Texas Official Public Records 8/3/2011 9:52 AM D211185074 Lin 'tcccA PGS 3 $24.00 Mary Louise Garcia Submitter: SIMPLIFILE 'R-T Dq— D'4 Ac NOTICE OF CONFIDENf1ALITY 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 DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, BURTON H. PATTERSON and, VIRGINIA L. PATTERSON, 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. 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 a day of , 2011. / c( ) _ / loor/ ..... .40.4 i • Iff ar,ler7D BURTON H. PATTERSON VIRGI L. PATTERSON STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared BURTON H. PATTERSON and, VIRGINIA L. PATTERSON, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the'- day of 1 2011. 0 Nota ► ublic in and for The State of Texas Commission Expires: 1: YE GIEBELaTEIN s ^ �GA�� L ORIGINAL DOCUMENT Not", P�1h is ��,��°�" � STATE OF'rEXAS CITY OF SOUTHLAKE `rte Comm omm. "e xo. 122 PARCEL NO. 14 ©:/13 uncil Action: N Ord. /Res. No. Date Approved June. 7, DI G:DOC\KIMBALL- LEGAL\ PROW 14 Cover EXHIBIT "A" LEGAL DESCRIPTION NORTH KIMBALL. AVENUE PARCEL 14 BEING 0.399 acre of land located in the T. MAHAN SURVEY, ABSTRACT No. 1049, Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed to Burton H. Patterson and wife, Virginia L. Patterson, by the deed recorded in Volume 15646, Page 369, by the Deed Records of Tarrant County, Texas. Said 0.399 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Northeast corner of said Patterson Tract, and lying at the intersection of the West right -of -way line of North Kimball Avenue with the South right -of -way line of E. Highland Street; THENCE S 00° 49' 04" E 556.19 feet, along the East boundary line of said Patterson Tract, and the existing West right -of -way line of said North Kimball Avenue, to a point at the Southeast corner of said Patterson Tract; THENCE S 89° 01' 58" W 22.31 feet, along the South boundary line of said Patterson Tract, and the North boundary line of Lot 1, Hanna Addition, to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -202, Page 71, of the Plat Records of Tarrant County, Texas, to a 1 /2" iron rod marked "Brittain & Crawford" set in the new West boundary line of said North Kimball Avenue; THENCE along the new West boundary line of said North Kimball Avenu, as follows: 1. N 00° 49' 31" W 525.12 feet, to a %Z" iron rod marked "Brittain & Crawford" set; 2. N 45° 00' 00" W 22.34 feet, to a %" iron rod marked "Brittain & Crawford" set, in the new South boundary line of E. Highland Street; THENCE N 89° 38' 58" W 391.20 feet, along the new South boundary line of said E. Highland Street, to a '/" iron rod marked "Brittain & Crawford" set, in the West boundary line of said Patterson Tract; THENCE N 00° 41' 27" E 8.33 feet, along the West boundary line of said Patterson Tract, to a point at the Northwest corner of said Patterson Tract, and lying in the existing South right -of -way line of said E. Highland Street; THENCE N 89° 20' 28" E 428.85 feet, along the North boundary line of said Patterson Tract, and along the existing South right -of -way line of said E. Highland Street, to the POINT OF BEGINNING, containing 0.399 acre (17,393 square feet) of land. g: 2009 \legals\kimball- legals\prow1 4 w z i n EXISTING RIGHT -OF -WAY UNE "I 1 POINT OF - - E. HIGHLAND STREET 1/2" IRS EGINNING N 89 °20'28"E 426.85 5/8" IRON 1/2" IRS :OD FOUND - - N 89 °38'58 "W 391.20 1/2 I ACQUISITION LINE 1 1 N 00°41'27"E N 45 °00'00 "W 1 .)k" 1 8.33' 22.34' 1� 5o = y . . 0.399 ACRE cV Z a F i 17,393 SQ.FT. �� , W - - - 0 0 �• N Q SHADY LANE 0, o BURTON H PATTERSON I J o r) AND WIFE, J op, 1 VIRGINIA L. PATTERSON 3 1:4. 03 1 VOL. 15646, PG. 369 1 i D.R.T.C.T. M o Y tti 1•- < 1 S p. 0 0 1— Q c, F 1 0 b ct 1 4\ \ 0 0 0 0 v- ,O �o, Z 0 - 1 ��pp A ct.' 1 ACQUISITION UNE —> EXISTING RIGHT -OF -WAY UNE I - + -_ -- 1 /2�IRS� I - -- i LOT 1, HANNA ADDffION YEARGAIN VOL. 388 -202. PG. 71 S 89 o 01 s 58 „ W COURT P.R.LC.T. 22.31' 1 w SURVEYED ON THE GROUND 1 �i OCTOBER 7. 2009 ' ' - 1 g E .OF tF , I rn vi * J' �mu.LO / a. 0 < JAMES L BRITTAIN > e r• ' , J L BRIITAIN T s10 yo P ROPERTY CORNER NOTE REGISTERED PROFESSIONAL \ O " SUR`1F",J LAND SURVEYOR � , A. ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS STATE OF TEXAS NO. 1674 (1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" Sj CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET BxrrrAnv & CRAWFORD EXHIBIT "B” LAND SURVEYING & 0.399 ACRE OF LAND 2 ,i € iI TOPOGRAPHIC MAPPING LOCATED IN THE (817) (188-021 M - S 88x1428 -5112 = '_ T. MAHAN SURVEY F.O. 60% 111174 W . sec t. TE1 swm FREEWAY ABSTRACT No. 1049 Far WWII, 75118 E1"R:'n-er'"'rd"m SOUTHLAKE, TARRANT COUNTY, \KIMHALL\..ROW14\ TEXAS SCALE 1"=-- 100' ORIGINAL DOCUMENT CITY OF SOUTHLAKE CONTRACT OF SALE Council Action: (P / N Ord. /Res. No. Date Approved ►du.ne 7, 2011 STATE OF TEXAS COUNTY OF TARRANT § THIS CONTRACT OF SALE is made by and between Burton H. Patterson and wife Virginia L. Patterson 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: BEING 0.399 acre of land located in the T. MAHAN SURVEY, ABSTRACT No. 1049, Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed to Burton H. Patterson and wife, Virginia L. Patterson, by the deed recorded in Volume 15646, Page 369, by the Deed Records of 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 sells and agrees to convey, and Purchaser purchases and agrees to pay for, . �C Permanent Utility and Drainage Easement situated in Tarrant County, Texas, which is mo e particularly described as follows: `= r er1 Cryn s ckro 0r' BEING 0.122 acre of land located in the T. MAHAN SURVEY, ABSTRACT No. 1049, Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed to Burton H. Patterson and wife, Virginia L. Patterson, by the deed recorded in Volumel 5646, Page 369, by the Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit "C ", attached hereto and incorporated herein for all purposes, and being more particularly shown on a survey drawing marked Exhibit "D ", attached hereto and incorporated herein for all purposes rTTt Page 1 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 Permanent Utility and Drainage Easement Line of the Property as shown on Exhibit "D" attached hereto, which Temporary Construction Easement shall be in the form shown on Exhibit "G" which is attached hereto. Purchaser may extend the Temporary Construction Easement twice for twelve (12) month increments in return for $5,640.00 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. ARTICLE II. PURCHASE PRICE The purchase price for the Property shall be ONE HUNDRED TWENTY -SEVEN THOUSAND ONE HUNDRED EIGHTY -FIVE AND NO /100 DOLLARS ($127,185.00) cash. The Purchaser will have approximately 930 LF of pipe rail fence constructed along the new property line including one double gate (16' total width) along Kimball Avenue and one double gate (16' total width) along Highland Street when construction is completed 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 Parcel 14 Page 2 written notice is not received within this twenty (20) day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 3.04 Property Condition. Within twenty (20) days after the date of execution, Purchaser may have the property and facilities inspected by an inspector permitted by law to make such inspections. Seller shall permit access to the property at reasonable times for inspection, repairs, and treatment and for reinspection after repairs and treatment have been completed. Purchaser will have twenty (20) days after receipt of the inspection report to review and approve same. In the event any portion of the inspection report is unacceptable to Purchaser, then Purchaser shall, within the twenty (20) day period, give Seller written notice of this fact. Unless otherwise agreed by Seller and Purchaser, Seller shall, complete all agreed repairs and treatment prior to the Closing Date. If Seller fails to complete any agreed repairs and treatment prior to Closing Date, Purchaser may terminate this Contract and the Contract shall thereupon be 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 "). Parcel 14 Page 3 5.02 Conditions at Closing. The closing and Purchaser's obligations under this Agreement to purchase the Property are expressly conditioned on: (1) Seller's delivery to Purchaser a duly executed and acknowledged Grant of Permanent Right of Way in the form attached hereto as Exhibit "E" conveying to Purchaser a permanent right -of- way on the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions other than as provided in this Contract. (2) Seller's delivery to Purchaser a duly executed and acknowledged Grant of Permanent Utility and Drainage Easement in the form attached hereto as Exhibit "F" conveying to Purchaser a permanent utility and drainage easement on the Property (3) Seller's delivery to Purchaser a duly executed and acknowledged Temporary Construction Easement in the form attached hereto as Exhibit "G ". (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 III, if any, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contain -,_ i but form of Texas Owner's Title Policy, provided, however: 1' (a) - i.lf •.1 • .1 . .1 • - ; 1'k (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 5.02 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 Parcel 14 Page -4 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. ARTICLE VII. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except because of Purchaser's termination of this Contract or because of Purchaser's default, Purchaser may either terminate the Contract, enforce specific performance of the Contract, or seek other remedies available at law, in equity, or by statute. Seller's failure to satisfy Purchaser's objections under Article VI shall constitute a default by Seller. ARTICLE VIII. BREACH BY PURCHASER If Purchaser shall fail to consummate this Contract for any reason, except Seller's default or the termination of this Contract pursuant to a right to terminate given herein, Purchaser shall be in default and Seller may at its sole and exclusive remedy have the Escrow Deposit paid to Seller as liquidated damages for the breach of Contract thereby releasing Purchaser from this Contract. Parcel 14 Page 5 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. 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. Parcel 14 Page 6 h EXECUTED this I day of J t-N1@ , 2011. SELLER: PURCHASER: BURTON H. PATTERSON VIRGINIA L. PATTERSON / n B . � BY LI►i li . $� it ?/, B on H. Patterson Vir ? i s L. Patterson 2809 Rainforest Court 2809 Rainforest Court Southlake, Texas 76092 Southlake, Texas 76092 `` ,,p1111UI, y � PURCHASER: c' ,,g041.r,,gkF 9 ' :4 ,`- CITY OF SOUTHLAKE, TEXAS E� I a; j ' " - r. v. By .: , 4" 0 i ._ _ , , 4 . ‘, #•,, %. ,,,,,, ..'"' , / John Terre 1 MN S6 Z - T 6 R \I Mayor 1400 Main Street Southlake, Texas 76092 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF TARRANT § Before me, the undersigned authority in and for the State of Texas, on this day personally appeared ''-6, `- , known to me (or proved to me on the oath of ?,ieiL pr 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 7 41— day of , . I..- , 2011. r o�� ! , . Y e� VALERIE POTTER H - L /, 1aete "'r' " Notary Public, State T of Tex. ±,, +� �/,(�L ti.Lt� �•, My Commission Expires ;t Not � �� ;; ;;, February 2 2015 1' y Public in and for The State of Texas My Commission Expires: 0.4/6 �A i& rte' ig' Typed or Printed Name of Not yG NAL DOCUMENT CITY OF SOUTHLAKE Parcel 14 Council Action: Yli 7 rd. /Res. No. ______ Date Approved 1, ;)GI I STATE OF TEXAS § COUNTY OF TARRANT § Before me, the u ■ ersigned authority in and for the State of Texas, on this day personally appeared , %4 .„ q , known to me (or proved to me on the oath of j , 2r hrough [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 7 "" day of , 2011. ,s I t I g , VALERIE POTTER � J �� r °= Notary Public, State of Texas //Q sue;.+ My Commission Expires Notary Public in and for %fP February 28 The State of Texas My Commission Expires: at/d/Z0/5 VA (�j Typed or Printed Name of Notary STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority in and for said County, Texas, on this day personally appeared John Terrell, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he is the Mayor of the City of Southlake, Texas and is duly authorized to execute this Contract for the purposes and consideration therein expressed. -1-h GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the �1 day of J ,2011. c3:j Notary Public in and for The State of Texas Io a -C)1 � p My Commission Expires: �� di a t/6)5(k) Typed or Printed Name of Notary • • . Parcel 14 •• • •••.••fj'•• • i0• Page 8 EXHIBIT "A" PROPERTY DESCRIPTION Parcel 14 Page 9 EXHIBIT "A" LEGAL DESCRIPTION NORTH KIMBALL AVENUE PARCEL 14 BEING 0.399 acre of land located in the T. MAHAN SURVEY, ABSTRACT No. 1049, Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed to Burton H. Patterson and wife, Virginia L. Patterson, by the deed recorded in Volume 15646, Page 369, by the Deed Records of Tarrant County, Texas. Said 0.399 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Northeast corner of said Patterson Tract, and lying at the intersection of the West right -of -way Tine of North Kimball Avenue with the South right -of -way line of E. Highland Street; THENCE S 00° 49' 04" E 556.19 feet, along the East boundary line of said Patterson Tract, and the existing West right -of -way Tine of said North Kimball Avenue, to a point at the Southeast corner of said Patterson Tract; THENCE S 89° 01' 58" W 22.31 feet, along the South boundary line of said Patterson Tract, and the North boundary line of Lot 1, Hanna Addition, to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -202, Page 71, of the Plat Records of Tarrant County, Texas, to a 1/2" iron rod marked "Brittain & Crawford" set in the new West boundary line of said North Kimball Avenue; THENCE along the new West boundary line of said North Kimball Avenu, as follows: 1. N 00° 49' 31" W 525.12 feet, to a ' /z" iron rod marked "Brittain & Crawford" set; 2. N 45° 00' 00" W 22.34 feet, to a %" iron rod marked "Brittain & Crawford" set, in the new South boundary line of E. Highland Street; THENCE N 89° 38' 58" W 391.20 feet, along the new South boundary line of said E. Highland Street, to a '/" iron rod marked "Brittain & Crawford" set, in the West boundary line of said Patterson Tract; THENCE N 00° 41' 27" E 8.33 feet, along the West boundary line of said Patterson Tract, to a point at the Northwest corner of said Patterson Tract, and lying in the existing South right -of -way line of said E. Highland Street; THENCE N 89° 20' 28" E 428.85 feet, along the North boundary line of said Patterson Tract, and along the existing South right -of -way line of said E. Highland Street, to the POINT OF BEGINNING, containing 0.399 acre (17,393 square feet) of land. g:200911egals \k im ba I l -leg a is \prow 14 EXHIBIT "B" PROPERTY SURVEY Parcel 14 Page 10 W Z k m EXISTING RIGHT —OF —WAY LINE NI I POINT OF - - E. HIGHLAND STREET \ 1/2" IRS : EGINNING N 89 °20'28"E 428:83 \ 5/8" IRON 1/2" IRS--a,t ROD FOUND N 89 °38'58 "W 391.20 -1/2" IRS ACQUISITION LINE I N 00°41'27"E N 45 °00'00 "W 1 ,'. 1 8.33' 22.34' 1 IW 5 0.399 ACRE iv Z ct 0 1 17,393 SQ.FT. W — — — o 0 I A, N < SHADY LANE in ol a BURTON H PATTERSON 1 J 1 - -- ° M AND WIFE, J 6 co 1 VIRGINIA L. PATTERSON 3 W aci 1 o I VOL. 15646, PG. 369 0 D.R.T.C.T. M o Y <3 rn � a sr ,tI 2 G 4 . - 6 1 O ° CE 1 P�4, I N o°C Z Z ��o• I 1 1 ACQUISTION LINE —D. 1 EXISTING �� ( RIGHT —OF —WAY LINE — I -- -- -- 1/2" IRS - -- I YEARGAIN LOT 1, HANNA ADDITION S 89 °01'58 "W COURT VOL. 388 -202, PG. 71 22.31' — — — P.R.T.C.T. I w 1 z SURVEYED ON THE GROUND 7.,1 OCTOBER 7. 2009 , ' L 1 Is OF lF ALp; ,TSTEgf•4: A � v 1 L A . JAMES L BRITTAIN <9 ;ANA 1674 �: JAMES L BRtTTAIN �a PROPERTY CORNER NOTE REGISTERED PROFESSIONAL SUR LAND SURVEYOR . i ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS STATE OF TEXAS NO. 1674 (1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" CITY OF SOUTHLAKE 2 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET BRrI.rAnv & CR AWFORD EXHIBIT "B" LAND SURVEYING & 0.399 ACRE OF LAND € II '' TOPOGRAPHIC MAPPING LOCATED IN THE (BI?) 828 11 - RETA0 (8171 4LB -5112 FAX N.. (817) 92.5 -B47 T. MAHAN SURVEY P.O. BOX 11874 » 5808 7 II FREEWAY ABSTRACT No. 1049 L `L F, a "wS YOBt11, 1n- 78i 1. ".. c'",.'`�. SOUTHLAKE, TARRANT COUNTY, \KIM84LL\ ROW14\ TEXAS SCALE 1 100' EXHIBIT "C" UTILITY, DRAINAGE, AND WALL EASEMENT PROPERTY DESCRIPTION Parcel 14 Page 11 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT DRAINAGE AND UTILITY EASEMENT NORTH KIMBALL AVENUE PARCEL 14 BEING 0.122 acre of land located in the T. MAHAN SURVEY, ABSTRACT No. 1049, Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed to Burton H. Patterson and wife, Virginia L. Patterson, by the deed recorded in Volume 15646, Page 369, by the Deed Records of Tarrant County, Texas. Said 0.122 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 Patterson Tract, and lying S 89° 01' 58" W 22.31 feet, from the Southeast corner of said Patterson Tract. Said point of beginning Tying in the new West right -of -way line of North Kimball Avenue; THENCE S 89° 01' 58" W 10.00 feet, along the South boundary line of said Patterson Tract, and the North boundary line of Lot 1, Hanna Addition, to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -202, Page 71, of the Plat Records of Tarrant County, Texas, to a point; THENCE N 00° 49' 31" W 535.43 feet, to a point 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. S 45° 00' 00" E 14.35 feet, to a %2" iron rod marked "Brittain & Crawford" set, 2. S 00° 49' 31" E 525.12 feet, to the POINT OF BEGINNING, containing 0.122 acre (5,303 square feet) of land. g: 2009 \legals kimball- legaIsles -14 EXHIBIT "D" UTILITY, DRAINAGE, AND WALL EASEMENT SURVEY Parcel 14 Page 12 W Z m L.I NI ROb FOUND E. HIGHLAND STREET _ 1/ IRS • -- �_ -- -- -- 24.44 S 5 °00'00 "E 14.35 PROPOSED RIGHT -OF -WAY LINE/ ^ I ( 1/2" I'S PROPOSED a0 30 I RIGHT -OF -WAY LINE 1_ 1 1 15.00' I �S yJ ��1 TEMPORARY CONSTRUCTION EASEMENT ��e� 0.214 ACRE / 9,323 SOFT. I I o I �� N 00 °49'31 "W � W _ a 0 \. 535.43' I SHADY LANE BURTON H PATTERSON I v: _j J M AND WIFE, E J Z M 1 VIRGINIA L. PATTERSON i o 1 o 1 VOL. 15646, PG. 369 D.R.T.C.T. 31 Y yti ° 1 � 4.. 0 I � I Z 1 N I vim` 10' PERMANENT UTILITY AND I ' EXISTING DRAINAGE EASEMENT 1 RIGHT -OF -WAY LINE 0.122 ACRE / 5,303 SQ.FT. 1 I 1 I 1 I S 89 °01'58 "W 1 o O TH EAST TRACT 10.00' CONER 15.00 i YEARGAIN LOT 1, HANNA ADDITION - y \S 89 °01'58 "W COURT VOL 388 -202, PG. 71 POINT OF 22.31' - - — P.R.T.C.T. BEGINNING 1 W 1/2" IRON 1 z ROD SET I b II 1 I I II PROPERTY CORNER NOTE SCALE 1"= 100' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2" IRS) WITH CAP MARKED "BR[TTAIN & CRAWFORD" ' / R., ` � CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET EXHIBIT "B" 6 BRIITAIN &CRA1/FORD 10' PERMANENT UTILITY LAND SURVEYING & AND DRAINAGE EASEMENT 1 , • � ` `- - °Fr ' ,�P .E , ws - F ' ••.... TOPOGRAPHIC MAPPING �y / ' -. - -` cem 878 - 0711 - METRO 10173 4E9 -01/E 0.122 ACRE OF LAND JAMES L 9RITTAIN f FAX na ce» 926-9347 LOCATED IN THE P.°. BCC( 11374 • 39°e 98(1H FREEWAY <3,1674 R4. FOI7 Aoe111, TEXAS 76110 THOMAS MAHAN SURVEY 41 :4•" •.�i..?sw` F' °"`: °ch"`"°'"'°'"- °m'on`o"' ABSTRACT No. 1049 sUR ; SOUTHLAKE, TARRANT COUNTY, TEXAS \KIMBALL\ _ES-14\ AUGUST 30, 2010 EXHIBIT "E" ACQUISITION DEED Parcel 14 Page 13 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, BURTON H. PATTERSON and, VIRGINIA L. PATTERSON, 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. 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. BURTON H. PATTERSON VIRGINIA L. PATTERSON STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared BURTON H. PATTERSON and, VIRGINIA L. PATTERSON, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2011. Notary Public in and for The State of Texas Commission Expires: PARCEL NO. 14 G:DOC \KIMBALL- LEGAL\ PROW 14 Cover EXHIBIT "F" GRANT OF PERMANENT UTILITY AND DRAINAGE EASEMENT Parcel 14 Page 14 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, BURTON H. PATTERSON and wife VIRGINIA L. PATTERSON, 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 "8", 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. BURTON H. PATTERSON VIRGINIA L. PATTERSON STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared BURTON H. PATTERSON and wife VIRGINIA L. PATTERSON, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2010. Notary Public in and for The State of Texas Commission Expires: PARCEL No.14 EXHIBIT "G" TEMPORARY CONSTRUCTION EASEMENT Parcel 14 Page 15 TEMPORARY CONSTRUCTION EASEMENT BURTON H. PATTERSON and wife VIRGINIA L. PATTERSON 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 land conveyed to Burton H. Patterson and wife, Virginia L. Patterson by the deed recorded in Volume 15646, Page 369 of the Deed Records of Tarrant County, Texas for the purposes of constructing necessary roadway facilities. The temporary construction easement will be adjoining the West boundary line of said permanent Utility and Drainage Easement, as indicated on 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 Go Public Works Department 1400 Main Street, Suite 230 Southlake, Texas 76092 Phone: 817- 748 -8089 PARCEL NO. 14 Fax: 817- 748 -8077