Francis Throop Survey, Abstract 1511 (Lot 18), 2011 - Deed Electronically Recorded Tarrant Cou Texas
Official Public Records 8/3/2011 12:20 PM D211185532
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Mary Louise Garcia Submitter: SIMPLIFILE
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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.
• - 411 .,
BUR • N H. PATTERSON VI L. PATTE SON
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 `at day o ,2Q44. j'/
Notary lic in and for The State of Texas
Commission Expires:
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Notary Pkaflie
3 ` ` koT 1 J STATE OF TEXAS Lqt
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PARCEL NO. 18 .....:. .._....... ...
ORIGINAL DOCUMENT
G:DOCI KIMBALL -I,Bi P UTH
Council Action: N rd. /Res. No.
Date Approved ,'iure 1, ZDU
EXHIBIT "A"
LEGAL DESCRIPTION
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 18
BEING 0.113 acre of land located in the Francis Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Burton H. Patterson and, Virginia L. Patterson by the deed recorded
in County Clerk's File No. 204243712, of the Deed Records of Tarrant County,
Texas. Said 0.113 acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a fence post found at the Southeast corner of said Burton Tract
and lying in the North boundary line of a tract of land conveyed to Gerald C.
Graham and wife, Barbara Graham by the deed recorded in Volume 10817,
Page 2378 of the Deed Records of Tarrant County, Texas, and said POINT OF
BEGINNING also lying in the existing West right -of -way line of North Kimball
Avenue;
THENCE N 89° 45' 37" W 25.73 feet, along the South boundary line of
aforesaid Patterson Tract and the North boundary Tine of said Graham
Tract, to a %" iron rod marked "Brittain & Crawford ", set in the new West
boundary line of said North Kimball Avenue;
THENCE N 00° 49' 31" W 187.96 feet, along the new West boundary
line of said North Kimball Avenue, to a 1/2" iron rod marked "Brittain &
Crawford "; set in the North boundary fine of said Patterson Tract and the
South boundary line of a tract of land conveyed to Brenda Kay Horral by
the deed recorded in Volume 13999, Page 232 of the Deed Records of
Tarrant County, Texas;
THENCE S 89° 33' 53" E 26.75 feet, along the North boundary Tine of
said Patterson Tract and the South boundary line of said Horral Tract, to a
5/8" iron rod found in the existing West right -of -way line of North Kimball
Avenue;
THENCE S 00° 30' 53" E 187.85 feet, along the East boundary line of
said Patterson Tract and the West right -of -way line of said North Kimball
Avenue, to the POINT OF BEGINNING containing 0.113 acre (4,929
square feet) of land.
G:201 0\L E GALS\KH- KIMBALL \PROW -18
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BRENDA KAY HORRAL S 89 °33'531'E D
VOL, 13999, PG. 232 26.75'
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BURTON H. PATTERSON AND, ..– v CO >
VIRGINIA L. PATTERSON ICC
CC No. 204243712, D.R.T.C.T. �, ' gI — —
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POINT �E P BEGoN BEGINNING
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P GERALD C. GRAHAM AND WIFE, i�
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BARBARA GRAHAM o
VOL 10817, PG. 2378, D.R.T.C.T. # I – –
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1 N n I
SURVEYED ON THE GROUND I I
MAY 26, 2010 OF - . I . \
( ; GlST a% % ? 4
( JAMES L BRITTAIN >
6,c.,47:=___ \„r'4� 1674r�!4. F
JAMES L BR TITAIN 7.+:; . S.lC3 ' O 7
REGISTERED PR ' SURD + PROPE CORNER NOTE
STATE OF TEXAS NO. 1674 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
■ i
CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
BRrrrAIN &CRAWP'oRD EXHIBIT "B"
LAND
MPOGRAPHIC we 0.113 ACRE OF LAND 2 II
I BIT) 838-0Z 11 - WIRD (B17) 4L11-011E LOCATED IN THE I
FAX No. (817) 928 -8347 FRANCIS THROOP SURVEY l (
FREEWAY P.D. BOX 11374 • 3808 SWIM
FORT worm ,ExT, 78110 ABSTRACT No. 1511
SOUTHLAKE, TARRANT COUNTY,
\KIMa"LL\. Ow,8\ TEXAS SCALE 1 "= 50'
ORIGINAL DOCUMENT
CITY OF SOUTHLAKE
Council Action: QI N Ord. /Res. No.
CONTRACT OF SALOte Approved fu.ne, Zb1(
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:
a 0.113 acre of land located in the Francis Throop Survey, Abstract
No. 1511, Southlake, Tarrant County, Texas, and being a portion of a
tract of land conveyed to Burton H. Patterson and, Virginia L.
Patterson by the deed recorded in County Clerk's File No. 204243712,
of 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. 0
Seller also sells and agrees to convey, and Purchaser purchases and agrees to pay for,
id
Permanent Utility, Drainage, and Wall Easement situated in Tarrant County, Texas, which is more �
particularly described as follows) Fv C ( t h vn -Q C s
a 0.043 acre of land located in the Francis Throop Survey, Abstract
No. 1511, Southlake, Tarrant County, Texas, and being a portion of a
tract of land conveyed to Burton H. Patterson and Virginia L. Patterson
by the deed recorded in County Clerk's File No. 204243712, of 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
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 $1,034.00 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 FORTY -TWO THOUSAND SIX HUNDRED
TWENTY AND NO /100 DOLLARS ($42,620.00) 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.
Page 2
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 ").
5.02 Conditions at Closing. The closing and Purchaser's obligations under this
Agreement to purchase the Property are expressly conditioned on:
Page 3
(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, Drainage, and Wall 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 approv
in writing by Purchaser, and the standard printed exceptions contain-
form of Texas Owner's Title Policy, provided, however:
601 r
(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
from Purchaser by it to immediately refund to Purchaser all monies and instruments deposited by
Purchaser pursuant to this Contract.
Page 4
(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, Drainage, and Wall 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 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 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
from Purchaser by it to immediately refund to Purchaser all monies and instruments deposited by
Purchaser pursuant to this Contract.
Page 4
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.
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.
Page 6
H
EXECUTED this day of Lye , 2011.
SELLER: PURCHASER:
BURTON H. PATTERSON VIRGINIA L. PATTER • N
By: /1//'
By " Auz-
l
Burton H. atterson Vi '_'nia L. Patterson
2809 Rainforest Court 2809 Rainforest Court
Southlake, Texas 76092 Southlake, Texas 76092 `,,,, ,,,,,,,,, ,,,,J
PURCHASER: = p i
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Arr�ST, r s
CITY OF SOUTHLAKE, TEXAS = � J
By — e Ty SEZ it A 12•{
John Terrell
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 ti-A— , known to me (or proved to me on the oath of
jsir ,>Lr,Nt.ai Z,� � r t ough [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
Cei„u , 2011.
•
Notary Public in and for
The State of Texas
My Commission Expires :.7/� 00/;5 V �l4,e /e-
Typed or Printed Name ofOliltalNAL DOCUMENT
CITY OF SOUTHLAKE
Council Action: Yi N pa OrpRes. No.
Date Approved g Sum 1 JOIt
STATE OF TEXAS §
COUNTY OF TARRANT §
Before .- e, the under ' ed authority in and for the State of Texas, on this day personally
appeared ,c �,� , known to me (or proved to me on the oath of
,,/_,,: „ o ough [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.
��ar r L
VALERIE POTTER D _�
° . ' . �1. - � ° ` Notary Public, State of Texas
My Commission Expires Notary Public in and for
'"4,31,10” February 28, 2015
The State of Texas
My Commission Expires: mss? f2�
l
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.
kh
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , day of
J1/ul1? ,2011.
J(.1 " LLeD \L A 11 4 1 -- )
Notary Public in and for
The State of Texas
My Commission Expires: �► U IL Ni l p( ,c V
Typed or Printed Name of Notary
0.01#1
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•
••• •� J� Page 8
• •• ••••• •y..• •
EXHIBIT "A"
PROPERTY DESCRIPTION
•
Page 9
EXHIBIT "A"
LEGAL DESCRIPTION
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 18
BEING 0.113 acre of land located in the Francis Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Burton H. Patterson and, Virginia L. Patterson by the deed recorded
in County Clerk's File No. 204243712, of the Deed Records of Tarrant County,
Texas. Said 0.113 acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a fence post found at the Southeast corner of said Burton Tract
and lying in the North boundary line of a tract of land conveyed to Gerald C.
Graham and wife, Barbara Graham by the deed recorded in Volume 10817,
Page 2378 of the Deed Records of Tarrant County, Texas, and said POINT OF
BEGINNING also lying in the existing West right -of -way line of North Kimball
Avenue;
THENCE N 89° 45' 37" W 25.73 feet, along the South boundary line of
aforesaid Patterson Tract and the North boundary line of said Graham
Tract, to a 'W' iron rod marked "Brittain & Crawford ", set in the new West
boundary line of said North Kimball Avenue;
THENCE N 00° 49' 31" W 187.96 feet, along the new West boundary
line of said North Kimball Avenue, to a %" iron rod marked "Brittain &
Crawford ", set in the North boundary line of said Patterson Tract and the
South boundary line of a tract of land conveyed to Brenda Kay Horral by
the deed recorded in Volume 13999, Page 232 of the Deed Records of
Tarrant County, Texas;
THENCE S 89° 33' 53" E 26.75 feet, along the North boundary line of
said Patterson Tract and the South boundary line of said Horral Tract, to a
5/8" iron rod found in the existing West right -of -way line of North Kimball
Avenue;
THENCE S 00° 30' 53" E 187.85 feet, along the East boundary line of
said Patterson Tract and the West right -of -way line of said North Kimball
Avenue, to the POINT OF BEGINNING containing 0.113 acre (4,929
square feet) of land.
G:201 0 \L E GA L S \K H- KIMBALL \PROW -18
EXHIBIT `B"
PROPERTY SURVEY
Page 10
•
z1
_ _
BRENDA KAY HORRAL S 89 ° 33 ' 5 "E m
VOL. 13999, PG. 232 26.75' y
- D.R.T.C.T. - - / 5/8" IR0111 ROD FOUND
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BURTON H. PATTERSON AND, ° oi , OD
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VIRGINIA L. PATTERSON
CC No. 204243712, D.R.T.C.T. 3 W w sl - -
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G ERALD C. GRAHAM AND WIFE,I
BARBARA GRAHAM CI`
VOL 10817, PG. 2378, D.R.T.C.T. $� 1 - -
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N.
SURVEYED ON THE GROUND I I
MAY 26, 2010 N.
AP I \
JAMES L BRITIA r IN >
L 6/....e7=._ 1 1674 ,. r
(., BRITTAIN 9 y- 5147y r
REGISTERED PROFESSIONAL L SUiiNf' , -' PROPERTY CORNER NOTE
LAND SURVEYO
STATE OF TEXAS NO. 1674 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
S N 2 CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
BRrrrnnN & CRAWFORD EXHIBIT "B"
7D LAND P t1NG & C 0.113 ACRE OF LAND II
LOCATED IN THE
(817) 8243-0211 ( 9347 428-0112 FRANCIS THROOP SURVEY — —
P.O. 807( 11379 » 3008 SOUTH FREEWAY ABSTRACT No. 1511
F �'
FORT a KEITH, lE1TEXAS 78110 EMU ad�Ob�Rtdn--ay.fwdsom
SOUTHLAKE, TARRANT COUNTY,
\KIMBALL\ Row18\ TEXAS SCALE 1"= 50'
EXHIBIT "C"
UTILITY, DRAINAGE, AND WALL EASEMENT
PROPERTY DESCRIPTION
Page 11
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 18
BEING 0.043 acre of land located in the Francis Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Burton H. Patterson and, Virginia L. Patterson by the deed recorded
in County Clerk's File No. 204243712, of the Deed Records of Tarrant County,
Texas. Said 0.043 acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a ' /i' iron rod marked "Brittain & Crawford ", set in the. South
boundary line of said Patterson Tract, lying N 89° 45' 37" W 25.73 feet, from a
fence post found marking the Southeast corner of said Burton Tract, and said
POINT OF BEGINNING also lying in the new West right -of -way line of North
Kimball Avenue;
THENCE N 89° 45' 37" W 10.00 feet, along the South boundary line of
aforesaid Patterson Tract, to a point;
THENCE N 00° 49' 31" W 187.99 feet, to a point in the North boundary
line of said Patterson Tract;
THENCE S 89° 33' 53" E 10.00 feet, along the North boundary line of
said Patterson Tract, to a /2" iron rod marked "Brittain & Crawford ", set in
the new West right -of -way line of North Kimball Avenue;
THENCE S 00° 49' 31" E 187.96 feet, along the new West right -of -way
line of said North Kimball Avenue, to the POINT OF BEGINNING
containing 0.043 acre (1,880 square feet) of land.
G: d o ak i m b a l l -I e g a I s\E S -18
EXHIBIT "D"
UTILITY, DRAINAGE, AND WALL EASEMENT
SURVEY
Page 12
I I
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7.7T
1 ,
BRENDA KAY HORRAL S 89°3353"E
VOL. 13999, PG. 232 10.00' 1/2' IRS
D.R.T:G.T. ie,...7 ,-- ----- 5/5 ROp ROD FOUND
)
.. --
,- 15' • • ---
- OPtE NEW WEST
6 7 RIGHT 0 -WAY LINE,
q TEMPORARY CONSTRUCTION 0. —
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<'§ 1,880 STIFT. i I '
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BURTON H. PATTERSON AND, ..- ...-
VIRGINIA L. PATTERSON ta
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CC No. 204243712, D.R.T.C.T. • — • - <
rii re) Pc X ------
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DRAINAGE AND WALL EASEMENT Z in r ------- - --
0.043 ACRE / 1,880 SO.FT.
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, - 15 2 73'
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Kt 89°45'37"W 1
1 FENCE OST FOUNE,
-SOUTH 'T CORNER OF
10000' — ,,
PA,TTE SON TRACT
-.., POINT OF BEGINNING
1/2" IRON ROD SET tt 1 I
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GERALD C. GRAHAM AND WEE, l , ii v '
BA.RBARA GRAHAM
VOL. 10817, PC. 2375, D.R.r.C.I. • .,
i ' Cj
> .,
CC N
0 N .
. .
PROPERTY CORNER NOTE
SCALE 1 ALL PROPERTY CORNERS SET ARE f /2 RON RODS
"= 50'
(1/2"Rs) WITH CAP MARKED, "BRITTA1N , 24- CRAWFORP
\SCS CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
■.----• -
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "Br'
, 1 Di
! i LAITIAIN & CRAWFORD . 10' PERMANENT UTILITY,
I I-, !AND SURVEYING dc DRAINAGE AND WALL EASEMENT ris
{ I --ji: 1 OPOGRAPHIC MAPPING 'O A ITT % 1 ■P T :k ,
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— c ■:., 9xe-ce., - NEMO cur; ou-s.:' ' 0.043 ACRE OF LAND • JAMES L BRITTAIN ,
1, • .
ro No. (eve) 920
, G. aox ■ .!7•: . IOW MON ■ItErlso, LOCATED IN THE
6 4 'kess‘
FEW NUM. TEXAS 'MI ,(1 FRANCIS THROOP SURVEY ...s t -k.,,
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IMAX._ ddrrtloOtufetobi—nwfooliemi
ABSTRACT No. 1511
\,KIMBALIA.IS - i H \ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 2010
EXHIBIT "E"
ACQUISITION DEED
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. 18
G:DOC \KIMBALL - LEGAL\ PROW 18 Cover
EXHIBIT "F"
GRANT OF PERMANENT UTILITY, DRAINAGE, AND WALL EASEMENT
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, DRAINAGE AND WALL EASEMENT
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, do hereby grant, bargain and
convey to said City, its successors and assigns, the right to construct, reconstruct and
perpetually maintain a permanent Utility, Drainage and Wall Easement, 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 permanent Utility, Drainage and Wall Easement, and for making connections
therewith, in, upon and across that certain tract or parcel of and 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.
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 , 2010.
Notary Public in and for The State of Texas
Commission Expires:
PARCEL NO. 18
G 2010Vomball- Iegals'ES -18 cover
EXHIBIT "G"
TEMPORARY CONSTRUCTION EASEMENT
Page 15
TEMPORARY CONSTRUCTION EASEMENT
BURTON H. PATTERSON and wife VIRGINIA 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 Patterson by the deed recorded in County
Clerk's File No. 204243712 of the Deed Records of Tarrant County, Texas for the purposes of
constructing necessary roadway facilities.
The temporary construction easement will be 15 feet wide and shall be West of and parallel to the
permanent Utility, Drainage and Wall Easement. as indicated on Exhibit "9" 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
c/o Public Works Department
1400 Main Street, Suite 230
Southlake, Texas 76092
Phone: 817- 748 -8089
PARCEL NO. 18 Fax.