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T. Mahan Survey, Abstract No. 1049 (Lot 11), 2011 - Deed Electronically Recorded Tarrant County Texas Official Public Records 7 /20/2011 3:03 PM D211173600 ‘11 PGS 5 $32.00 a7.uv1 Cjbu c ; .r� RTC Qt{ —V Garcia Submitter: SIMPLIFILE NOTICE OF CONFIDENT ITY 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. // Th CITY OF SOUTHLAKf � • DEED THE STATE OF TEXAS ,/ )4t5 KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT r F j K ( tot (i D. o1/44( 1111, r Li THAT, . E. STEGALL and MOLLY BARTON STEGALL; of the County of Tarrant, 'v r , State of exas, 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 "8 ", attached hereto and made a part hereof. • Grantor hereby reserves and retains for itself, its legal representatives, successors and assigns forever, all of Grantor's interest in the oil, gas, and other minerals in and under and that may be produced from the Property (collectively, the "Oil" and "Gas "); provided; however, not included within the definition of Oil and Gas are minerals that form a part of the soil or surface such as sand, iron ore, gravel, uranium or limestone. Grantor waives and relinquishes any use of the surface of the Property for any reason, including without limitation, the right to enter upon the Property, the exploration and /or removal of such Oil and Gas, and the right to place or maintain any structures, improvements, equipment or pipelines in, on, under or across the Property or to install any fixtures or facilities on the surface of the Property. Notwithstanding the foregoing, such surface use waiver does not prohibit subterranean underground directional drilling activities under the Property that begin upon and are conducted from the surface of real property other than the Property, provided that such drilling activities at all times are sufficiently below the surface of the Property as to not interfere with or disturb in any manner the present or future use to which Grantee or Grantee's successors and assigns may desire to devote the Property; provided, however, in no event shall the directional drilling or sub - surface activities be at depths less than five hundred (500) feet below the overlying surface of the Property. Grantor, and Grantor's successors and assigns, shall be responsible for any damages to the Property and any improvements from time to time located on the Property caused by Grantor's reservation of such minerals. TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the said conveyed property and rights granted herein unto Grantee, its successors and assigns every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS MY HAND, this the W day of 2011. U -- > �. // 644 vic----4,/# .d�G MOLLY B ' - TON STEGALL **11114111 ' t E - ORIGINAL OF OUTHL l t .., Council Action: Y /© Ord./Res. No. Date Approved STATE OF TEXAS COUNTY OF TARRANT c-4.cd-►.rL �. BEFORE ME, the un ersigned authority, In an or said County, on this day personally appeared O. E. STEGALL and MOLLY BARTON STEGALL, 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 thq' V 5 day •'� . ! , 20.11. • or he State of Texas Co"' Expires: ( SAY.CGIEEESTEIN r-w ` s Notary Pab k V/ .) STATE OF; i l:XAS PARCEL NO. 11 h Comm Ern 04!13171115 G:DOC \KIMBALL - LEGAL\ PROW 11 Cover EXHIBIT "A" LEGAL DESCRIPTION NORTH KIMBALL AVENUE PARCEL 11 BEING 0.035 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 Howard Bruce Barton, Jr. and wife, Molly D. Barton, by the deed recorded in Volume 6242, Page 222, of the Deed Records of Tarrant County, Texas. Said 0.035 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a %" iron rod found at the Southeast corner of said Barton Tract, and lying in the West right -of -way line of North Kimball Avenue; THENCE S 89° 10' 56" W 20.49 feet, along the South boundary line of said Barton Tract, to a %2' iron rod marked "Brittain & Crawford" set in the new West boundary line of said North Kimball Avenue; THENCE N 00° 49' 31" W 75.00 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 Barton Tract, lying in the South boundary line of a tract of land conveyed to Gateway Church, by the deed recorded in County Clerk's File No. D204303704, by the Deed Records of Tarrant County, Texas; THENCE N 89° 10' 56" E 20.49 feet, along the North boundary line of said Barton Tract, and the South boundary line of said Gateway Church Tract, to a point at the Northeast corner of said Barton Tract, lying in the existing West right -of -way line of said North Kimball Avenue; THENCE S 00° 49' 04" E 75.00 feet, along the East boundary line of said Barton Tract, and the existing West right -of -way line of said North Kimball Avenue, to the POINT OF BEGINNING, containing 0.035 acre (1,537 square feet) of land. g200911egals \kimball- legals \prow 11 EXHIBIT "B" PROPERTY SURVEY Page 10 W Z J > 1 CL �c, N � P ` �P s. GATEWAY CHURCH 1 CC. No. 0204303704 I D.R.T.C.T. I I I N 89 °10'56 "E 1 20.49' 1/2" IRS 1 `2 E O TING RIGHT —OF —WAY (LINE ACQUISITION LINES � Q�F. 41' h N 00 75.00' S 00 °49'04 "E HOWARD BRUCE BARTON, JR. 75.00' I 1e AND WIFE ■ MOLLY D. BARTON I VOL. 6242, PG. 222, D.R.T.C.T. 0.035 ACRE / 1,53 SO.FT. (MOLLY BARTON STEGALL) 1/2" IRS POINT OF BEGINNING 2" IRON ROD FOUND S 89 °10'56 "W ok� 20.49' 1 � o . 1 � 1 � -1 - -- LOT 1, BLOCK A P. VOL. 388- 200, PG 0 96 , M 11 1 PATTERSO N P.R.T.C.T. 1 Y WAY Z x Lai era r/ ,0 Z N SURVEYED ON THE GROUND NOVEMBER 12. 2008 ' .. ^ ' ?� G IS T ° T £ -h ' . ' * ' 2•90A /' a,„,,) L • • , JAMES L BRITTAIN > 1 \'..,- 13..1674 i JAMES L BRITTAIN REGISTERED PROFESSIONAL ' .y6• `FssI° ' F PROPERTY CORNER NOTE LAND SURVEYOR gUR` ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS SPATE OF TEXAS NO. 1874 \ (1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" s CIT O SOUTHLAKE 1 400 MAIN S SOUTHLAKE, � TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET BRrrraw &CRAWFORD EXHIBIT "B" Iwo SURVEYING & 0.035 ACRE OF LAND TOPOGRAPHIC MAPPING LOCATED IN THE II (.'> ezF - 17 ) 92 - "R'1 /P FAX T. MAHAN SURVEY P.O. e MOO -- 1— I 1I 3 ro 7 a • » WTh BOX "T TE SOUTH FREEWAY ABSTRACT No. 1049 Far raTH, TEXAS Du c e : mMnserMmn�e.rora.eoin SOUTHLAKE, TARRANT COUNTY, \KIMa'L\_ROw11\ _ TEXAS SCALE 1 "= 40' OCRTYIOF OLI Council Action: Y 1© Ord.IR UTHes. AKE . _ No____. -- — Date Approved CONTRACT OF SALE STATE OF TEXAS § 41 tc, '' COUNTY OF TARRANT § 1-kil NI THIS CONTRACT OF SALE is made by and between It- E. Stegall and Molly Barton Stegall 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 0.035 acre parcel of land located in the T. MAHAN SURVEY, Abstract No. 1049, in the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds in Exhibit "A ", attached hereto and incorporated herein for all purposes, and being more particularly shown on a survey drawing marked Exhibit "B ", attached hereto and incorporated herein for all purposes together with all and singular the rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contact as the "Property"), together with any improvements and fixtures, situated on and attached to the Property; provided, however, Seller and Seller's heirs, successors, and assigns forever, reserve all oil, gas, and other minerals in and under and that may be produced from the Property. If the mineral estate is subject to existing production or an existing lease, this reservation includes the production, the lease, and all benefits from it. Such mineral reservation shall be included in the Property. , Seller also sells and agrees to convey, and Purchaser purchases and agrees to pay for, a ? Permanent Utility and Drainage Easement situated in Tarrant Coun , Texas, which is nor � " _' particularly described as follows/ FO ( ( v V) 7 h dri GL ce 1 4 a 0.017 acre parcel of land located in the T. MAHAN SURVEY, Abstract No. 1049, in the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds in Exhibit "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 $431.00 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. Purchaser will replace the existing wood fence across the new property frontage. The median design will be modified to allow construction of a stamped concrete pavement median nose allowing left turns into and out of the existing south driveway to the property. ARTICLE II. PURCHASE PRICE The purchase price for the Property shall be SIXTEEN THOUSAND SEVEN HUNDRED TWELVE AND NO /100 DOLLARS ($16,712) 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 Page 2 3.04—PropertyC- endition ithin-twenty (20) days - after - the- date-af cxeeutian-P-urehaser 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 consummatio of the sale contemplated herein. ARTICLE V. CLOSING (r 5.01 Closing Date. The closing shall be held on `7/ f 5, , 2011, at the Title Company (which date is herein referred to as the "Closing ate "). 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 Acquisition Deed 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 maybe aped in writing by Purchaser, and the standard printed exceptions contained-in e . form of Texas Owner's Title Policy, provided, however: (a) Cam (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 5.02 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 Acquisition Deed 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 a ep_ro y in writing by Purchaser, and the standard printed exceptions containe• the . form of Texas Owner's Title Policy, provided, however: 5 (a) - - •:. .:• I . •., - • -. ; . . II; (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. ARTICLE IX. MISCELLANEOUS 9.01 Effective Date. The effective date of this Contract will be the date the last party executes the contract. Page 5 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 EXECUTED this 1 of St I , 2011. SELLER: SELLER: H. E. STEGALL MOLLY BARTON STEGALL 1 . By: `- ' � G 1 , By �� % � 111/ G%�'t H. E. Stegall ' Moll Barton Stegall 890 N. Kimball Avenue 890 N. Kimball Avenue Southlake, Texas 76092 Southlake, Texas 76092 PURCHASER: CITY OF SOUTHLAKE, TEXAS By Atn // i(,c 'Shana Yelverton �\ City Manager ■ 1400 Main Street Southlake, Texas 76092 ACKNOWLEDGMENTS �``ar r STATE OF TEXAS § ,; ;�� Q .,z VALERIE POTTER ° e Notary Public, State of Texas § '� My Commission Expires �'%l February 28, 2015 COUNTY OF TARRANT § -- Before me, the undersigned authority in and for the State of Texas, on this day personally appeared it �. J C.G, i - 4 -- , known to me (or proved to me on the oath of or through., heA t.,4,14,e 4.4—fdescription 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 „Ws' day of 7 4.0 -� , 2011. .1, ( 12 - ttr:., Notary Public in and for The State of Texas My Commission Expires: ,2 ,q/ / C !/ C,� E li i c , t' rr 6.4- Typed or Printed Name i L DOCUMENT CITY OSOUTHLAKE Council Action: Y Ord. /Res. No. Date Approved Par 7 ` ,�� Y ���'' STATE OF TEXAS ' VALERIE POTTER § : �:' Notary Public, State of Texas § _" : My Co Expires �:;;;;;. February 28, 2015 COUNTY OF TARRANT § Before me, the undersigned authority in and for the State of Texas, on this day personally appeared "WI c ` , ...� 2 ,11, t , known to me (or proved to me on the oath of or trough , += It r escription 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 j) day of ,--) L., c v- , 2011. � ,. / , 1,/,c(.?-1. L - ) Notary Public in and for The State of Texas My Commission Expires: /.`Z i ;� �7� PeNiki �t1L.) 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 Shana Yelverton, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she is the City Manager of the City of Southlake, Texas and is duly authorized to execute this Contract for the purposes and consideration therein expressed. GIVN UNDER MY HAND AND SEAL OF OFFICE, this the t 1 4 day of , 2011. :P i JO/bt Notary Public in .44 for The State of Texas My Commission Expires: (D 4-7 -? bo,, p Gc e �� PA ... or Printed N me of Notary ` .` ." & N PU � z � l y l 0 = Lei /� y = ' ,01/0.2. 01/0 2. 7"20 \\`\` Page 8 EXHIBIT "A" PROPERTY DESCRIPTION Page 9 EXHIBIT "A" LEGAL DESCRIPTION NORTH KIMBALL AVENUE PARCEL 11 BEING 0.035 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 Howard Bruce Barton, Jr. and wife, Molly D. Barton, by the deed recorded in Volume 6242, Page 222, of the Deed Records of Tarrant County, Texas. Said 0.035 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a %2" iron rod found at the Southeast corner of said Barton Tract, and lying in the West right -of -way line of North Kimball Avenue; THENCE S 89° 10' 56" W 20.49 feet, along the South boundary line of said Barton 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 75.00 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 Barton Tract, Tying in the South boundary line of a tract of land conveyed to Gateway Church, by the deed recorded in County Clerk's File No. D204303704, by the Deed Records of Tarrant County, Texas; THENCE N 89° 10' 56" E 20.49 feet, along the North boundary line of said Barton Tract, and the South boundary line of said Gateway Church Tract, to a point at the Northeast corner of said Barton Tract, lying in the existing West right -of -way line of said North Kimball Avenue; THENCE S 00° 49' 04" E 75.00 feet, along the East boundary line of said Barton Tract, and the existing West right -of -way line of said North Kimball Avenue, to the POINT OF BEGINNING, containing 0.035 acre (1,537 square feet) of land. g: 200911 e g a I s1k i m b a I l -1 e g a 1 s 1p row 11 EXHIBIT `B" PROPERTY SURVEY Page 10 1 W 2 7 I P�SJ cnI I I I GATEWAY CHURCH I - - CC. No. D204303704 I D.R.T.C.T. 1 I I N 89 ° 10'56 "E 1 20.49' -- - - 1 2 " IRS 1 5`� EXITING RIGHT -OF -WAY (LINE ACQUISITION LINE --► Fy g F� 4 0 1 ' N 00 75.00' S 00 °49'04 "E y c 'OP HOWARD BRUCE BARTON, JR. 75.00' 1 ve AND WIFE 1 MOLLY D. BARTON 1 VOL. 6242, PG. 222, D.R.T.C.T. 0.0 5 ACRE / 1,51 SQ.FT. (MOLLY BARTON STEGALL) • 1/2" IRS J PO NT OF BEGINNING S 89°10'56"W 2" IRON ROD FOUND o�� 20.49' 1 I ,0 I J - -- LOT 1, BLOCK A 'a V- UNION HALL ADDITION m VOL. 388 -200, PG. 96 1 I La PATTERSON _ P.R.T.C.T. 1 Y Z WAY to = W I 0 1 a Z SURVEYED ON THE GROUND NOVEMBER 12,, 2008 1 7 A,�P. G4STE4e 4 4\ 1 JAMES L. BRITfAIN > 1 77f,e 1674 ; JAMES L BRRTAIN Y T'y .,,.... t REGISTERED PROFESSIONAL \\' SURVE {' PROPERTY CORNER NOTE LAND SURVEYOR \ ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS STATE OF TEXAS NO. 1674 (1 /2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" 1 skj 1 CITY O SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET BRuning & CRAWFoRD EXHIBIT "B" LAND TOPOGRAP nI NG 0.035 ACRE OF LAND l (117) BE1 y -0111 - METRO (1171 4t9-71 /A LOCATED IN THE II FAX NO. (1117) 020-(047 T. MAHAN SURVEY 0$ 4W ),•-- �= P.O. BOX 11474 . AR TH FREEWAY FIAT SORTS, TEXAS 71110 ABSTRACT No. 1049 SOUTHLAKE, TARRANT COUNTY, \KIMBALL\,_ROW11\ TEXAS SCALE 1 40' EXHIBIT "C" UTILITY, DRAINAGE, AND WALL EASEMENT PROPERTY DESCRIPTION Page 11 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE PARCEL 11 BEING 0.017 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 Howard Bruce Barton, Jr. and wife, Molly D. Barton, by the deed recorded in Volume 6242, Page 222, of the Deed Records of Tarrant County, Texas. Said 0.017 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a %2' iron rod marked "Brittain & Crawford ", set in the South boundary line of said Barton Tract, Tying S 89 ° 10'56" W 20.49 feet, from a W iron rod found marking the Southeast corner of said Barton Tract. 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, to a point; THENCE N 00° 49' 31" W 75.00 feet, to a point in the North boundary line of said Barton Tract; THENCE N 89° 10' 56" E 10.00 feet, along the North boundary line of said Barton Tract, to a point in the new West right -of -way line of said North Kimball Avenue; THENCE S 00° 49' 31" E 75.00 feet, along the new West right -of -way line of said North Kimball Avenue, to the POINT OF BEGINNING, containing 0.017 acre (750 square feet) of land. g:2009Uegals kimball- legalsles -11 EXHIBIT "D" UTILITY, DRAINAGE, AND WALL EASEMENT SURVEY Page 12 1 w z J 1 cc �y J I w1 I I A.. _ _ GATEWAY CHURCH I CC. No. D204303704 I D.R.T.C.T. 1 I I N 89 °10'56 "E 1 10.00' -----\ /z' IR _ I 5 J � ,f,., N 00 °49'31 F 'wl t0 E)(IS�T1NG RIGHT -OF -WAY TUNE + h 75.00' 1 NEW IGHT -OF -WAY UNE (.2. 4`-' QP 10' TEMPORARY CONSTRUCTION I S 00 °49 31"E P1P EASEMENT, 0.017 ACRE I 750 saFr. 1 75. 0' 1 HOWARD BRUCE BARTON, JR. � I 10' PERMANENT UTILITY, DRAINAGE AND WIFE hi AN WALL EASEMEN , 0.017 ACRE MOLLY D. BARTON 1 750 SQ. VOL 6242, PG. 222, D.R.T.C.T. 1 1/2' IRON ROD FOUND (MOLLY BARTON SfEGNi) I t0' I 0U EAST CORNER OF :: ON TRACT 1 S 89 °10'56 "W � 89'10'p6 "W 20.49' I 10.00' POINT F BEGINNING �� I 1/2" IRON ROD SET `° 1 +o \ LOT 1, BLOCK A I J a P. UNION HALL ADDITION m VOL. 388 -200. PG. 96 I X w PATTERSON _ P.R.T.C.T. i z WAY �> cr it o 1 a z E I a 1 I PROPERTY CORNER NOTE SCALE 1 "= 40' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" ■ C ITY 0 SOUTHLAKE 1400 MAIN ST REET SO UTH LAKE TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET EXHIBIT "B" BRrrranv &CRAAWFORD 10' PERMANENT UTILITY, LAND TGPOGRAPHIRC�MAPPNG DRAINAGE AND WALL EASEMENT , , , 1 �° f -4; 0.017 ACRE OF LAND y ' - ��� (•nt 026- @H - HMO 10171 xa-OUe JAMES L BRIT __. FAX No. (017) 9713-9317 LOCATED IN THE �; 1 i ^_ 4 � ' :.: , P.O. BO 1 1374 4 woe 80.1711 FREEWAY F017 KWH, TEXAS TatIO T. MAHAN SURVEY � O, 0311.: �. ... SU RV ■ ' ABSTRACT No. 1049 \wuaw._ES -11\ SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 12,2010 EXHIBIT "F" GRANT OF PERMANENT UTILITY AND DRAINAGE EASEMENT Page 14 • GF# 09 -04448 IIJv1Ihi AFFILIATED ENTITIES DISCLOSURE STATEMENT To: City of Southlake Molly Barton Stegall f /k/a Molly D. Barton and Henry E. Stegall Re: 890 N Kimball Ave Southlake, Texas 76092 Date: July 15, 2011 NOTICE Rattikin Title Company is providing you with certain closing and title insurance services in connection with the above referenced transaction. Federal law requires that providers of real estate settlement services give the parties written disclosure of its relationship with other affiliated entities which may provide other services in the same transaction. This disclosure statement shall give you notice that some or all of the owners of RATTIKIN TITLE COMPANY hold a beneficial ownership interest in the following entities, which may provide other services on your behalf in connection with your transaction. Company Type of Service Provided AmeriPoint Exchange Services Tax deferred exchange services AmeriPoint Title Group, L.L.P. Title Insurance Agent Jack Rattikin Jr., P.C. Legal documentation Jeffrey A. Rattikin, P.C. Legal documentation Mortgage Solutions, Inc. Mortgage loan servicing Rattikin & Rattikin, L.L.P. Legal documentation Rattikin Exchange Services, Inc. Tax deferred exchange services Real Estate Information Services Real estate records searches Tarrant County Real Property Tax Service, Inc. Tax searches Title Solutions, L.P. Real estate related services You are NOT required to use any of the above named providers of services as a condition to the closing of your transaction or the issuance of a title insurance policy. You are advised that there may be other providers available which offer similar services, and you are free to retain another firm to provide such services to you. By executing the acknowledgement below, you agree to utilize any services provided by the above referenced firms in connection with your transaction. If you have any questions regarding the nature of the relationship between any of the above referenced firms, please feel free to contact your Rattikin Title Company escrow officer. (09- 04448. PFD /09- 04448/23) • GF# 09 -04448 AFFILIATED ENTITIES DISCLOSURE STATEMENT (Continued) Acknowledgement I/We have read this Disclosure Statement, and understand that I /we may purchase settlement services from some or all of the above referenced firms. I/We hereby agree to utilize the services of any of the above referenced firms in connection with the closing of the above referenced transaction, and pay for the services actually rendered. BORROWER LLER // City • - • thlake, Texas C � A An ' Molly Ba j on Stegall f /k/a Molly D. Barton BrJ i n n Name: John Terrel ' (JJ�X. � Title: Mayor Henry E. S gall (09- 04448. PFD /09- 04448 /23)