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Woodland Heights (Lot 24, Block 1) - ROWORIGINAL DOCUMENT CITE' OF SOUTHLAKE Council Action: a/ N Ord./Res. No. Date Approved CONTRACT OF SALE STATE OF TEXAS § § COUNTY OF TARRANT § THIS CONTRACT OF SALE is made by and between Jonathan E. M nder 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 0.1677 acre parcel of land located in the JOHN A. FREEMAN SURVEY, Abstract No. 529, in the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes, and being more particularly shown on a survey drawing marked Exhibit "B", attached hereto and incorporated herein for all purposes together with all and singular the rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contact as the "Property"), together with any improvements and fixtures, situated on and attached to the Property. Seller also sells and agrees to convey, and Purchaser purchases and agrees to pay for, a Permanent Slope Easement situated in Tarrant County, Texas, which is more particularly described as follows: a 0.0243 acre parcel of land located in the JOHN A. FREEMAN SURVEY, Abstract No. 529, 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 This Contract is made for the consideration and upon and subject to the terms, provisions, and conditions set forth below. Page 1 ARTICLE H. PURCHASE PRICE The purchase price for the Property shall be ONE HUNDRED AND TEN THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS AND 00/100 DOLLARS ($110,715.00) cash for the right of way and slope easement. 2.01 Other Terms. In addition to the compensation detailed above, the City of Southlake will provide you an opportunity to engage in and provide input into the process for the following items: 1. The city is in receipt of gifted funds that may be utilized to construct an 8-foot high full masonry fence in lieu of the 8-foot high masonry column double sided wooden fence with a concrete runner along the bottom of the wooden slats to prevent warpage that was previously agreed to; 2. The specific determination of how far west along your northern property line the screening fence will extend. The wall will not be allowed to extend to a point close to Westwood Drive whereby a sight distance issue is created. 3. It should be noted that the final decision on both of these above mentioned items (No. 1 and 2) will be determined by the city. 4. The City has agreed to waive all sewer/permitting fees since your septic system is being removed. The fees being waived are Plumbing Permit Fee of $75, Sewer Tap Fee of $1,700 and Waste Water Impact Fee of $1,000. The cost of installing and tying the dwelling into the city's sanitary sewer system as well as deactivating and crushing the existing septic system was included in the damages to the remainder and included in the compensation provided by the city. Therefore, the costs associated with the connection are yours and the city is not responsible for these costs. 5. The City has agreed to waive the fees associated with rezoning and replatting. The fees being waived are the Concept Plan application fee of $420 and Plat Revision fee of $430. Both fee waivers are valid for up to 365 days from the date of closing. 6. The City will provide a letter to TAD showing City of Southlake land acquisition. ARTICLE M. 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. Page 2 3.03 New Surveys and Tests. Within ten (10) days after the date of execution, Seller shall provide to Purchaser a copy of any environmental site assessment that Seller has caused to be prepared for the Property, or that Seller has received. Within 20 (twenty) days after the date of execution, Purchaser is granted the right to conduct an environmental and engineering survey and feasibility study of the Property at Purchaser's sole cost and expense, and in this connection Purchaser or Purchaser's designated agents may enter upon the Property for purposes of soil analysis, core drilling, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If Purchaser determines, in Purchaser's sole judgment, that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller within twenty (20) days after receipt of survey, terminate this Contract and it shall be null and void for all purposes. If the written notice is not received within this twenty (20) day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 3.04 Property Condition. Within twenty (20) days after the date of execution, Purchaser may have the property and facilities inspected by an inspector permitted by law to make such inspections. Seller shall permit access to the property at reasonable times for inspection, repairs, and treatment and for reinspection after repairs and treatment have been completed. Purchaser will have twenty (20) days after receipt of the inspection report to review and approve same. In the event any portion of the inspection report is unacceptable to Purchaser, then Purchaser shall, within the twenty (20) day period, give Seller written notice of this fact. Unless otherwise agreed by Seller and Purchaser, Seller shall, complete all agreed repairs and treatment 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 Page 3 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 or before September 30, 2011, at the Title Company (which date is herein referred to as the "Closing Date"). 5.02 Conditions at Closing. The closing and Purchaser's obligations under this Agreement to purchase the Property are expressly conditioned on: (1) Seller's delivery to Purchaser a duly executed and acknowledged Deed in the form attached hereto as Exhibit "E" conveying to Purchaser 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 Slope Easement in the form attached hereto as Exhibit "F ' conveying to Purchaser a permanent slope easement on the Property (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." (4) Seller's execution of such documents and instruments reasonably requested by the title company to consummate the transactions contemplated herein. (5) Delivery to Purchaser of possession of the Property. Page 4 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. 5.04 Proration. 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 by the Purchaser with the exception of the Seller's prorated taxes in 5.04 and attorney's fees incurred by the Seller shall be paid by the Seller. ARTICLE VI. REAL ESTATE COMNUSSIONS 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 Page 5 be in default and Seller may at its sole and exclusive remedy have the Escrow Deposit paid to Seller as liquidated damages for the breach of Contract thereby releasing Purchaser from this Contract. ARTICLE IX. MISCELLANEOUS 9.01 Effective Date. The effective date of this Contract will be the date the last party executes the contract. 9.02 Survival of Covenants. Any of the representations, warranties, covenants, and contracts of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing date of the transactions contemplated hereby shall survive the closing. 9.03 Notices. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by certified United States mail, postage prepaid, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the signature of the party hereunder. 9.04 Texas Law to Apply. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 9.05 Parties Bound. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 9.06 Legal Construction. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 9.07 Gender. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 9.08 Time. In this Contract, time is of the essence and compliance with the times for performance is required. 9.09 Attorneys Fees. The prevailing party in the adjudication of any proceeding relating to this Agreement shall be authorized to recover its reasonable and necessary attorney's fees pursuant to Sec. 271.159 of the Texas Local Government Code. EXECUTED this btu day of &VCril L1 , 2011. Page 6 SELLER: PURCHASER: JONATHAN E. MINDER CITY OF SOUTHLAKE, TEXAS By: Z J&C/� (--� Jonathan E. Minder 205 Westwood Drive Southlake, Texas 76092 STATE OF TEXAS § § COUNTY OF TARRANT § By John Terrell Mayor 1400 Main Street Southlake, Texas 76092 Attest MA, �-� �=-e t� •• �' _ • Alicia Richardson, TRMC : � .• City Secretary ' v •' ` ORIGINAL DOCUMENT CITY OF SOUTHLAKE Council Action: 0 N Ord./Res. No. Date Approved�i&?. 2al ACKNOWLEDGMENTS Before me, the undersigned authority in and for the State of Texas, on this day pegonall appeared Jonathan E. Minder, known to me (or proved to me on the oath of TY D�� "LA Page 7 through-rX Qriver-sb*ceK4C [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 �2,P,N1�o2T , 2011. ik% 'PAYryF P OP�V ,B _ Z N My Commission Expires°• �t4lE of NI l o - STATE OF TEXAS § § COUNTY OF TARRANT § Notary Public in and r The State of Texas LiI• P �N ke Typed or Printed N e of Notary wrQ day of 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1pth day of ap mby , 2011. 4 Notary Public in and for The State of Texas My Commission Expires: 7W— A Typed or Printed Name of Notary TARA A BROOKS (VOtaf Public, State of Texas 9;•... }��: My Commission Expires October 08, 2014 Page 8 EDIT "A" PROPERTY DESCRIPTION Page 9 EXHIBIT A RIGHT-OF-WAY ROW-2 BEING a 7,304 square foot tract of land in the John A. Freeman Survey, Abstract No. 529, in the City of Southlake, Tarrant County, Texas and being a part of that tract of land descnl.)ed in Warranty Deed with Vendor's Lien to Jonathan E. Minder, as recorded in Document No. D210061648 in the Official Records of Tarrant County, Texas, and being a part of Lot 24, Block 1 of Woodland Heights, an addition to the City of Southlake, as recorded in Volume 388-155, Page 13 in the Plat Records of Tarrant County, Texas (P.R.T.C.T) and being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod for the common northeast corner of said Lot 24 and the southeast corner of Lot 25R-2 of Lots 25R-1 & 25R-2, Block 1, Woodland Heights, an Addition to the City of Southlake, as recorded in Cabinet A, Slide 1681 P.RT.C.T., being on the west line of Lot 1 of Lots 1 thru 4, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7423 P.RT.C.T., THENCE South 01 degree 26 minutes 51 seconds East, along the east line of said Lot 24, passing the common southwest corner of said Lot 1 and the northwest corner of Lot 1, Block 1 of Gateway Church Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7575 P.RT.C.T., at a distance of 14.68 feet, from which a 5/8-inch found iron rod bears North 55 degrees 11 minutes 05 seconds East, a distance of 1.78 feet, and continuing for a total distance of 49.63 feet to a point for corner on the new south right-of-way line of a proposed connector road (variable width right-of-way); THENCE North 74 degrees 54 minutes 07 seconds West, departing said east line and along said new south right-of-way line, a distance of 18.16 feet to a point for corner for the point of curvature of a circular curve to the left, having a radius of 219.00 feet, whose chord bears North 82 degrees 45 minutes 59 seconds West, a distance of 59.93 feet; THENCE Northwesterly, along said new south right-of-way line and along said circular curve to the left, through a central angle of 15 degrees 43 minutes 44 seconds, an arc length of 60.12 feet to a point for comer; THENCE South 89 degrees 22 minutes 09 seconds West, along said new south right-of-way line, a distance of 100.32 feet to a point for comer being the north end of a corner clip between said new south right-of-way line and the east right-of-way line of Westwood Drive (60 foot right-of-way); THENCE South 44 degrees 22 minutes 08 seconds West, departing said south right-of-way and along said comer clip, a distance of 16.90 feet to a 1/2-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC INC." (hereinafter referred to as "with cap") for the south end of said comer clip, being on the common line between said east right-of-way line and the west line of said Lot 24; THENCE North 00 degrees 37 minutes 51 seconds West, departing said corner clip, along said common line and across said proposed connector road, a distance of 48.45 feet to a point for the common northwest corner of said Lot 24 and the southwest comer of said Lot 25R 2; THENCE North 89 degrees 22 minutes 09 seconds East, departing said east right-of-way line and along the common line between the north line of said Lot 24 and the south line of said Lot 25R 2, passing at a distance of 12.00 feet a 1/2-inch set iron rod with cap for the south end of a comer clip between said east right-of-way line and the new north right-of-way line of said proposed connector road, and continuing for a total distance of 188.41 feet to the POINT OF BEGINNING AND CONTAINING 7,304 square feet or 0.1677 acres of land, more or less. A plat accompanies this legal description. Basis of Bearing is the Texas Coordinate System NAD 83, North Central Zone (4202), observed by GPS using Western Data Systems Dallas/Fort Worth area RTK Cooperative Network on Julian Date 229, 2009. EXHIBIT "B" PROPERTY SURVEY Page 10 I& SIR'" WV . HALFF CAP N. 0 15 30 SCALE:1"=30' j r 1 1 L Or 2SR 2, BL 00r I #100& QNO HE/CHTS t CAB. 4, SL. /69I P.R. T.C. r. L,4NORIIN HOLD/NOS L L C. 020990I6J6 O.R. T.C. r. �MPNO09 29 5- IO' SLOPE S89*22' EASEMENT F S44'22'08"W 16.90' L Or 29, BL OCK / A►'OOOZ,4AV HE/CHT. 110L. j&v7- 35 m- P.A. r. C. T. EXHIBIT •A• RIGHT-OF-WAY (ROW-2) 0.1677 ACRES OUT OF THE JOHN A. FREEMAN SURVEY ABSTRACT No.529 TARRANT COUNTY.TEXAS 'E TO SET 5' SLOPE - EASEMENT N N74'54'07AW_/ k 'CURVE DATA 18.16' I I1 fA=15'43'44° LT �R=219.00' !T=30.25' I I% L=60.12' ,CB=N82'45'59"W 59.93' 1f 1 , 15' UTILITY EASEMENT ---- VOL. 388, PG. 155 I j P.R.T.C.T. I ,; VICWBTY MAP POINT OF '; " L or /, :BEGINNING I BL OCK ! i' -1/2' FIR .,L PROPOSED RIGHT-OF-WAY TAKING _-- — — NEW EASEMENT LINE --- NEW RIGHT -OF -NAY LINE — — — — EXISTING PROPERTY LINE EXISTING EASEMENT LINE 1/2 SIR W/ SET WON ROD WITH YELLOW PLASTIC CAP STAMPED HALFF HALFF CAP-0 ASSOC INC' FIRS FOUND IRON ROD (UNLESS NOTED OTHERWISE) PFC—.2!N POINT FOR CORNER BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM MAD 83.NORTH CENTRAL ZONE 44202). AS OBSERVED BY CPS (RTK)USING WESTERN DATA SYSTEMS DALLAS/FORT WORTH AREA COOPERATIVE NETWORK ON JULIAN DATE 229.2009. HALFF* WOODLAND HEIGHTS CONNECTOR RD FILE: 27043-ROW2A.dgn AVO: 27043 4700 FOM CREEK BLVD FORT WORTH. TRUE M373787 7ELh' 847 DATE: 03/26/2010 PAGE 3 of 4 FAX M07B/ UNABLE TO SETT L 4 Dagbi A. COBqun.ROgh7A'r.0 Prof.AAlorml Land Surv.yor.'Ap 1gt'aCY A'ArtfiNt ,not tft gCBl .w B KMmy ry4WW.y AIO4B M 111A �OVKt atIB 4YBEttOR c 25R2, BL OCK l i AAV 1666/S i t -P.R. T. L: T. hvL� 6i6 LL �a T.C.T. I __ _. BLOCK 1 - Va. `16-f57, PC.. /02 PROPOSED CONNECTOR ROAD o I �aBLE NTH RN�/T—� w,ar/ LOT LOT I, BLOCK 1 O.P. T.Gl. i G,4TEA►.4r CHURCH A00/T/ON 1 I C.4B. P.R.7575 . T.C. T. a T. v 6;4,rl ►4 r CHURCH Z. I 5 0201066Y52 D.R. T.C. T. � j JoNN 15' UTILITY EASEMENT --� N VOL. 388. PG. 155 r P.R.T.C.T. I 1 0 25 50 PARENT TRACT -- SCALE:1"=50' EXHIBIT 'A PROPOSED RIGHT-OF-WAY TARING RIGHT-OF-WAY =_-- NEW EAST LNE NEW RIGHT-OF-WAY LINE (ROW-2) _ _ _ EXISTWG PROPERTY LINE -- EX6TMJfi EASEMENT LINE 0.167 7 ACRES 1/2 SIR w/ SET WON NOD WIN YELLOW ""` �U� �OC �^P STAMPED HALFF FIRS "MESS NOTED OTHERWISE) OUT OF THE WC—Z POINT FOR CORNER JOHN A. FREEMAN SURVEY ABSTRACT No. 529 ww w kMG Is,T� TEXAS COORDINATE 3YSTE11 0 0, a3.NORfi1':CENTRAL ZONE t42M AS TARRANT COUNTY, TEXAS GssoRVEaisli 1ptSlll:NSM)G WESTERN DATA WEtw ON UJAAN DATE �z"00%COOPERAr"e MEN WOODLAND HEIGHTS CONNECTOR RD loom HALFF' MEN FILE: 27043-ROW2B.dgn AVO: 2TO43 wownK" -- - 4=F0 .LCNM0UV0 1�ia•-�i� ra�sazrar DATE: 03/26/2010 PAGE 4 of 4 � A.c�r►Mgn..o wa s�rwyor.a �w�cw.frrnrr nar oare� .w .0 lr i�oKM°.bn aie t�ion man° EXMBIT "C" SLOPE EASEMENT DESCRIPTION Page I EXHIBIT A SLOPE EASEMENT SLOPE-2 BEING a 1,059 square foot tract of land in the John A. Freeman Survey, Abstract No. 529, in the City of Southlake, Tarrant County, Texas and being a part of that tract of land described in Warranty Deed with Vendor's Lien to Jonathan E. Minder, as recorded in Document No. D210061648 in the Official Records of Tarrant County, Texas, and being a part of Lot 24, Block 1 of Woodland Heights, an addition to the City of Southlake, as recorded in Volume 388-155, Page 13 in the Plat Records of Tarrant County, Teams (P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a 1/2-inch found iron rod for the common northeast corner of said Lot 24 and the southeast comer of Lot 25R 2 of Lots 25R-1 & 2511-2, Block 1, Woodland Heights, an Addition to the City of Southlake, as recorded in Cabinet A, Slide 1681 in the Plat Records of Tarrant County, Texas (P.R.T.C.T), being on the west line of Lot 1 of Lots 1 thru 4, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7423 P.R.T.C.T., THENCE South 01 degree 26 minutes 51 seconds East, along the east line of said Lot 24, passing the common southwest corner of said Lot 1 and the northwest comer of Lot 1, Block 1 of Gateway Church Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7575 P.R.T.C.T., at a distance of 14.68 feet, from which a 5/8-inch found iron rod bears North 55 degrees 11 minutes 05 seconds East, a distance of 1.78 feet, and continuing for a total distance of 49.63 feet to a point for comer on the new south right-of-way line of a proposed connector road (variable width right-of-way); THENCE North 74 degrees 54 minutes 07 seconds West, departing said east line and along said new south right-of-way line, a distance of 18.16 feet to the POINT OF BEGINNING; THENCE South 15 degrees 05 minutes 53 seconds West, departing said new south right-of-way line, a distance of 5.00 feet to the point of curvature of a circular curve to the left, having a radius of 214.00 feet, whose chord bears North 82 degrees 45 minutes 59 seconds West, a distance of 58.56 feet; THENCE Northwesterly, along said circular curve to the left, through a central angle of 15 degrees 43 minutes 44 seconds, an arc length of 58.74 feet to a point for comer, THENCE South 89 degrees 22 minutes 09 seconds West, a distance of 58.25 feet to a point for corner, THENCE South 00 degrees 37 minutes 51 seconds East, a distance of 5.00 feet to a point for corner, THENCE South 89 degrees 22 minutes 09 seconds West, a distance of 52.07 feet to a point for comer on a comer clip between said new south right-of-way line and the east right-of-way line of Westwood Drive (60 foot right-of-way); THENCE North :44 degrees 22 minutes 09 seconds East, along said comer clip, a distance of 14.14 feet to point for the north end of said corner clip; THENCE North 89 degrees 22 minutes 09 seconds. East, departing said comer clip and along said new south right-of-way line, a distance of 1.0032 feet for the point of curvature of a circular curve to the right, having a radius of 219,00 feet, whose chord bears South 82 degrees 45 minutes 59 seconds East, a distance of 59.93 feet; THENCE Northeasterly, along said circular curve to the right, through a central angle of 15 degrees 43 minutes 45 seconds, an arc length of 60.12 feet to the POINT OF BEGINNING AND CONTAINING 1,059 square feet or 0.0243 acres of land, more or less. A plat accompanies this legal description. Basis of Bearing is the Texas Coordinate System NAD 83, North Central Zone (4202), observed by GPS using Western Data Systems Dallas/Fort Worth area RTK Cooperative Network on Julian Date 229, 2009. EX MIT "D" SLOPE EASEMENT SURVEY Page 12 11 y - s :c `• CXPN L OT 25R-2, BL OCA, / -- :___ - / r AI'OODLAAV H£GH S T CAP SL. /68/ t I 1' b A s Lc S: [Lc t I j { D2083or66 L 112` FIR $EARS I NT8;49''<i'E vat 1 .4 1 VICHTY MAP ;I - eelt I I� Oy C' 15' UTILITY EA E ENT SpNN��' VOL. 388, v t - P.R.T.C.T. o �,, POINT OF W I COMMENCING �•Q•o; ' \ I --- ---- h�o; ,. _.._ 10' SLOPE F:IR EASEMENT__ EXISTINGj?Ra0Wi Q'OPOSEQ 5' ' 059 EASEME . c�r a��+.a 5/S' ►IF �° .F� GONNECTQR'i�OAD� :0243 ACRE I,Y.a,4reEnrr,+r--aw�rr is O I' UNABLE UNABLE 2 PO�iT OF TO SET . TO SET UNABLE BEGINNING: NiS 22 09 E t00.3�. N NFL R W ) _ _�- TO SET"` 1 S89'22'090W 52.07' 2 N Lor 24 &ocr / N'V=AAV /CXNTS MOL. 388-/55, M. /3 P.R. r.C. T. .ASWArMN F. AIR 02/006Y648 O.P.R.- i 0 15 30 SCALE:1"=30' A -LEGAL DESCR IP-710N ACCOM il9•W 5' SLOPE EASEMENT C BEARING TABLE ING DISTANCE '53'W 5.00' M '51"E gN44'22'09'E 5.00' 14.14' CURVE TABLE NO. ", DELTA RADIUS ITANGEN11 LENGTHI LONG CHORD 1 15'43'44' LT 214.00' 1 29.56' 1 58.74' N82-4559-W 58.56' 2 .115*43'45* RT f 219.00' 1 30.25'1 60.12' 1 582`45'59'E 59.93' EXHIBIT 'AW SLOPE EASEMENT (SE-2) 0.0243 ACRES OUT OF THE JOHN A.FREEMAN SURVEY ABSTRACT No.529 PROPOSED SLOPE EASEMENT — — NEW EASEMENT LINE — — — — NEW RIGHT -OF -MAY LINE — — — — EXISTING PROPERTY LINE — — — — — EXISTING EASEMENT LINE 1-12 SIR 11/ SET WON ROD WITH YELLOW 1ALFF CAP ASSOCICINCCAP STAMPED 'HALFF FIRS FOUL IRON ROD RUNLESS NOTED OTHERWISE) PFC-2!!S POINT FOR CORNER TARRANT COUNTY. TEXAS I!I+ UM Oii JUUAN 4i 2i9.Mi. AS mImWOODLAND HEIGHTS CONNECTOR RD N HALFF' FILE: 2TO43-SE2A.dgn AVO: 2TO43 �mo(rosel.eH®celw Farr warn+, TfXJ18 n)m-vu>• ��',�,"17,, DATE: 03/26/2010 PAGE 3 of 4 I ' I 1 I I , 1 l NOTE:SURVEYOR WAS UNABLE TO SET MONUMENTATION FOR THE RIGHT OF WAY DUE TO THE RIGHT OF ENTRY BEING DENIED BY LAND OWNER. u- ropmem LOW°'nwpN.,moa. 0;, v=w vwy-Qroetbnn :N&G 'I VICW" MAP D WES AAMN S PROPOSED 1w CONNECTOR ROAD > �ok 1 1.059 s-- 0, R L 1 cf3 Uj 715'UTILITY EASEMENT --- VOL. 388, PG. 155 P.R.T.C.T. AM rs .PARENT - TRACT a wzt PROPOSED mat—mb on,&n EXHIBIT 8Am PROPOSED RIGHT-OF-WAY TAIUNG NEW EASEMENT LINE SLOPE EASEMENT (SE-2) NEW RIGHT-OF-WAY LINE EXISTING PROPERTY LINE 0.0243 ACRES EXISTING EASEMENT LIE 1/2 SR W/ SET RON ROD WITH YELLOW PLASTIC CAP STANIPED *HALFF HALFF CAP ASSOC INC' FIR--e FOUND RON ROD [UNLESS NOTED OTHERWISE) OUT OF THE PFC—A POINT FOR CORNER JOHN A. FREEMAN SURVEY ABSTRACT No. 529 BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM NAB 83. NORTH CENTRAL ZONE t4202). AS OBSERVED BY CPS IIRTKlUS= WESTERN DATA TARRANT COUNTY, TEXAS SYSTEMS CALLAWORT WORTH AREA COOPERATIVE NETWORK ON =AN DATE 229.2009. WOODLAND HEIGHTS CONNECTOR RD swoHALFF FILE: 2TO43-SE2B.dgn AVO: 27043 =f=rEEK KV0.. zaam DATE: 03/26/2010 PAGE 4 of 4 0 25 50 SCALE: 1"=50' !M.A. lktwmN@M a ProlemalmW UM uraw my ="" ON@ on we or aw dkVotbn EXMIT "E" ACQUISITION DEED Page 13 EDIT ' F" GRANT OF PERMANENT SLOPE EASEMENT Page 14 CONTRACT OF SALE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT OF SALE is made by and between Jonathan E. Minder 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 0.1677 acre parcel of land located in the JOHN A. FREEMAN SURVEY, Abstract No. 529, in the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes, and being more particularly shown on a survey drawing marked Exhibit `B", attached hereto and incorporated herein for all purposes together with all and singular the rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contact as the 'Property"), together with any improvements and fixtures, situated on and attached to the Property. Seller also sells and agrees to convey, and Purchaser purchases and agrees to pay Permanent Slope Easement situated in Tarrant County, Texas, which is more parti described as follows(, 6LA-� r�-o �$-4-h �-c-.- C- s �-' 7 a 0.0243 acre parcel of land located in the JOHN A. FREEMAN SURVEY, Abstract No. 529, 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 This Contract is made for the consideration and upon and subject to the terms, provisions, and conditions set forth below. Page 1 CONTRACT OF SALE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT OF SALE is made by and between Jonathan E. Minder 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 0.1677 acre parcel of land located in the JOHN A. FREEMAN SURVEY, Abstract No. 529, in the City of Southlake, Tarrant County, Texas, and being more particularly described by metes and bounds in Exhibit "A", attached hereto and incorporated herein for all purposes, and being more particularly shown on a survey drawing marked Exhibit `B", attached hereto and incorporated herein for all purposes together with all and singular the rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contact as the 'Property"), together with any improvements and fixtures, situated on and attached to the Property. Seller also sells and agrees to convey, and Purchaser purchases and agrees to pay fo - Permanent Slope Easement situated in Tarrant County, Texas, which is more pard arly" described as follows(, GL-k-- r I a 0.0243 acre parcel of land located in the JOHN A. FREEMAN SURVEY, Abstract No. 529, 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 This Contract is made for the consideration and upon and subject to the terms, provisions, and conditions set forth below. Page I ARTICLE II. PURCHASE PRICE The purchase price for the Property shall be ONE HUNDRED AND TEN THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS AND 00/100 DOLLARS ($110,715.00) cash for the right of way and slope easement. 2.01 Other Terms. In addition to the compensation detailed above, the City of Southlake will provide you an opportunity to engage in and provide input into the process for the following items: 1. The city is in receipt of gifted funds that may be utilized to construct an 8-foot high full masonry fence in lieu of the 8-foot high masonry column double sided wooden fence with a concrete runner along the bottom of the wooden slats to prevent warpage that was previously agreed to; 2. The specific determination of how far west along your northern property line the screening fence will extend. The wall will not be allowed to extend to a point close to Westwood Drive whereby a sight distance issue is created. 3. It should be noted that the final decision on both of these above mentioned items (No. 1 and 2) will be determined by the city. 4. The City has agreed to waive all sewer/permitting fees since your septic system is being removed. The fees being waived are Plumbing Permit Fee of $75, Sewer Tap Fee of $1,700 and Waste Water Impact Fee of $1,000. The cost of installing and tying the dwelling into the city's sanitary sewer system as well as deactivating and crushing the existing septic system was included in the damages to the remainder and included in the compensation provided by the city. Therefore, the costs associated with the connection are yours and the city is not responsible for these costs. 5. The City has agreed to waive the fees associated with rezoning and replatting. The fees being waived are the Concept Plan application fee of $420 and Plat Revision fee of $430. Both fee waivers are valid for up to 365 days from the date of closing. 6. The City will provide a letter to TAD showing City of Southlake land acquisition. 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. Page 2 3.03 New Surveys and Tests. Within ten (10) days after the date of execution, Seller shall provide to Purchaser a copy of any environmental site assessment that Seller has caused to be prepared for the Property, or that Seller has received. Within 20 (twenty) days after the date of execution, Purchaser is granted the right to conduct an environmental and engineering survey and feasibility study of the Property at Purchaser's sole cost and expense, and in this connection Purchaser or Purchaser's designated agents may enter upon the Property for purposes of soil analysis, core drilling, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If Purchaser determines, in Purchaser's sole judgment, that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller within twenty (20) days after receipt of survey, terminate this Contract and it shall be null and void for all purposes. If the written notice is not received within this twenty (20) day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 3.04 Property Condition. Within twenty (20) days after the date of execution, Purchaser may have the property and facilities inspected by an inspector permitted by law to make such inspections. Seller shall permit access to the property at reasonable times for inspection, repairs, and treatment and for reinspection after repairs and treatment have been completed. Purchaser will have twenty (20) days after receipt of the inspection report to review and approve same. In the event any portion of the inspection report is unacceptable to Purchaser, then Purchaser shall, within the twenty (20) day period, give Seller written notice of this fact. Unless otherwise agreed by Seller and Purchaser, Seller shall, complete all agreed repairs and treatment 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 deemed in the Comprehensive Environmental Response, Compensation and Liability Act of 1988, or petroleum products and derivatives thereof, were deposited on the Property. Seller further Page 3 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 or before , at the Title Company (which date is herein referred to as the "Closing Date"). 5.02 Conditions at Closing. The closing and Purchaser's obligations under this Agreement to purchase the Property are expressly conditioned on: (1) Seller's delivery to Purchaser a duly executed and acknowledged Deed in the form attached hereto as Exhibit "E" conveying to Purchaser 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 Slope Easement in the form attached hereto as Exhibit "F" conveying to Purchaser a permanent slope easement on the Property (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, howev (a) a oun , (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." (4) Seller's execution of such documents and instruments reasonably requested by the title company to consummate the transactions contemplated herein. (5) Delivery to Purchaser of possession of the Property. Page 4 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 Do 5.01 Closing Date. The closing shall be held on or before at the Title Company (which date is herein referred to as the "Closing Date"). 5.02 Conditions at Closing. The closing and Purchaser's obligations under this Agreement to purchase the Property are expressly conditioned on: (1) Seller's delivery to Purchaser a duly executed and acknowledged Deed in the form attached hereto as Exhibit "E" conveying to Purchaser 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 Slope Easement in the form attached hereto as Exhibit "F' conveying to Purchaser a permanent slope easement on the Property (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 Ill, 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, howev a e o (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." (4) Seller's execution of such documents and instruments reasonably requested by the title company to consummate the transactions contemplated herein. (5) Delivery to Purchaser of possession of the Property. Page 4 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. 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 by the Purchaser with the exception of the Seller's prorated taxes in 5.04 and attorney's fees incurred by the Seller shall be paid by the Seller. ARTICLE VI. REAL ESTATE CONINUSSIONS 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 Page 5 be in default and Seller may at its sole and exclusive remedy have the Escrow Deposit paid to Seller as liquidated damages for the breach of Contract thereby releasing Purchaser from this Contract. ARTICLE IX. MISCELLANEOUS 9.01 Effective Date. The effective date of this Contract will be the date the last party executes the contract. 9.02 Survival of Covenants. Any of the representations, warranties, covenants, and contracts of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing date of the transactions contemplated hereby shall survive the closing. 9.03 Notices. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by certified United States mail, postage prepaid, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the signature of the party hereunder. 9.04 Texas Law to Apply. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 9.05 Parties Bound. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 9.06 Legal Construction. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 9.07 Gender. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 9.08 Time. In this Contract, time is of the essence and compliance with the times for performance is required. 9.09 Attorneys Fees. The prevailing party in the adjudication of any proceeding relating to this Agreement shall be authorized to recover its reasonable and necessary attorney's fees pursuant to Sec. 271.159 of the Texas Local Government Code. EXECUTED this day of , 2011. Page 6 SELLER: JONATHAN E. MINDER By: qtl( �- Jonathan E. Minder 205 Westwood Drive Southlake, Texas 76092 STATE OF TEXAS § COUNTY OF TARRANT § PURCHASER: CITY OF SOUTHLAKE, TEXAS By John Terrell Mayor 1400 Main Street Southlake, Texas 76092 Alicia Richardson, TRMC City Secretary ACKNOWLEDGMENTS Before me, the undersigned authority in and for the State of Texas, on this day perso�n�l,l�y' appeared Jonathan E. Minder, known to me (or proved to me on the oath of -TX (k��� U �� Page 7 through TYDnve(S (itGP-*44e- [description of identity card or other document]) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2011. V0 PAY o P Notary Public in and or Z = The State of Texas ��9fF OF My Commission Expires:, .FXPIft*A ' Lv 10-27-2©%.� Typed or Printed Naiiie 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the (o t11 day of 4=hW , 2011. q ,4/1I%PJb4dW) Notary Public in and for The State of Texas My Commission Expires: AN 4hy6k 16.9-14 Typed or Printed Name of Notary TARA A BROOKS Notary Public, State of Texas My Commission Expires October 08, 2014 Page 8 EXHIBIT "A" PROPERTY DESCRIPTION Page 9 EXHIBIT A RIGHT-OF-WAY ROW-2 BEING a 7,304 square foot tract of land in the John A. Freeman Survey, Abstract No. 529, in the City of Southlake, Tarrant County, Texas and being a part of that tract of land described in Warranty Deed with Vendor's Lien to Jonathan E. Minder, as recorded in Document No. D210061648 in the Official Records of Tarrant County, Texas, and being a part of Lot 24, Block 1 of Woodland Heights, an addition to the City of Southlake, as recorded in Volume 388-155, Page 13 in the Plat Records of Tarrant County, Texas (P.R.T.C.T) and being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod for the common northeast comer of said Lot 24 and the southeast corner of Lot 25R-2 of Lots 25R-1 & 25R-2, Block 1, Woodland Heights, an Addition to the City of Southlake, as recorded in Cabinet A, Slide 1681 P.R.T.C.T., being on the west line of Lot 1 of Lots 1 thm 4, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7423 P.R.T.C.T., THENCE South 01 degree 26 minutes 51 seconds East, along the east line of said Lot 24, passing the common southwest comer of said Lot 1 and the northwest comer of Lot 1, Block 1 of Gateway Church Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7575 P.R.T.C.T., at a distance of 14.68 feet, from which a 5/8-inch found iron rod bears North 55 degrees 11 minutes 05 seconds East, a distance of 1.78 feet, and continuing for a total distance of 49.63 feet to a point for comer on the new south right-of-way line of a proposed connector road (variable width right-of-way); THENCE North 74 degrees 54 minutes 07 seconds West, departing said east line and along said new south right-of-way line, a distance of 18.16 feet to a point for corner for the point of curvature of a circular curve to the left, having a radius of 219.00 feet, whose chord bears North 82 degrees 45 minutes 59 seconds West, a distance of 59.93 feet; THENCE Northwesterly, along said new south right-of-way line and along said circular curve to the left, through a central angle of 15 degrees 43 minutes 44 seconds, an arc length of 60.12 feet to a point for comer; THENCE South 89 degrees 22 minutes 09 seconds West, along said new south right-of-way line, a distance of 100.32 feet to a point for corner being the north end of a corner clip between said new south right-of-way line and the east right-of-way line of Westwood Drive (60 foot right-of-way); THENCE South 44 degrees 22 minutes 08 seconds West, departing said south right-of-way and along said comer clip, a distance of 16.90 feet to a 1/2-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC INC." (hereinafter referred to as "with cap") for the south end of said comer clip, being on the common line between said east right-of-way line and the west line of said Lot 24; THENCE North 00 degrees 37 minutes 51 seconds West, departing said corner clip, along said common line and across said proposed connector road, a distance of 48.45 feet to a point for the common northwest comer of said Lot 24 and the southwest corner of said Lot 25R-2; THENCE North 89 degrees 22 minutes 09 seconds East, departing said east right-of-way line and along the common line between the north line of said Lot 24 and the south line of said Lot 25R-2, passing at a distance of 12.00 feet a 1/2-inch set iron rod with cap for the south end of a corner clip between said east right-of-way line and the new north right-of-way line of said proposed connector road, and continuing for a total distance of 188.41 feet to the POINT OF BEGINNING AND CONTAINING 7,304 square feet or 0.1677 acres of land, more or less. A plat accompanies this legal description. Basis of Bearing is the Texas Coordinate System NAD 83, North Central Zone (4202), observed by GPS using Western Data Systems Dallas/Fort Worth area RTK Cooperative Network on Julian Date 229, 2009. EXHIBIT "B" PROPERTY SURVEY Page 10 I I I W j I 1/2* FIR BEARS �N78'49'361 03 0.12' 1. Ok I LU 1AL w/ HALFF .CAP I\. 10' SLOPE PFC! EASEMEN3 3 Ul Ln ;_ M ap O � O Z P 1/2" SIR '—I WV HALFF CAP N 0 15 30 SCALE:1"=30' A LEGAL DESCRIPTION ACCOM 10' SLOPE S89'22' EASEMENT S44'22'08"W 16.90' L OT 9L OC/( / /YOOOL AND HE/GHTS C49. A, SL. /69/ P.R. T. C. T, L,4NORUM //OL O/NOS L L C. 0209.90/6.36 O.R. T. C. T. POOP �PG 5' SLOPE EASEMENT _._188,41' _-. 2'. _ UNABLE TO SET 5' SLOPE - EASEMENT !CURVE DATA A=15'43'44" LT R=219.00' T=30.25' LOT 24, BLOCK / L=60.12' #1000cAN0 HEIC11TS Cg=N82'45'S9"W VO[. 799=759 fsL: T— P.R. T.C. T. 5 9.9 3' ,/0N4TN4N E. M/NDER lJ21006'/64B O•.P.R T.C. T, NOTE:SURVEYOR WAS UNABLE TO SET MONUMENTATION FOR THE RIGHT OF WAY DUE TO THE RIGHT OF ENTRY BEING DENIED BY -,LAND OWNER. DES THIS PLAT. EXHIBIT 'A' RIGHT-OF-WAY (ROW-2) 0.1677 ACRES OUT OF THE JOHN A.FREEMAN SURVEY ABSTRACT No.529 TARRANT COUNTY,TEXAS 0"'o HALFF" Milo REdSTRATION NO, 312 4000 FOSSIL CREEK BLVD FORT WORTH, TEXAS 7e137-2797 TEL(81')047-1422 FAX 191 232-9784 VICINITY NAP 1 j I 11 POINT OF Z OT i BEGINNING I BL ocx / . 1/2' FIR i /8' FIR EARS 55'11'05'E 1.78' Ropy I UNABLE I TO SET N74'54'07" 18.16' I I' r'' I �1 I 1 ' IY I I `r 15' UTILITY EASEMENT I: VOL. 388. PG. 155 I P.R.T.C.T. ( IX PROPOSED RIGHT-OF-WAY TAKING — --. NEW EASEMENT LINE — — NEW RIGHT-OF-WAY LINE - - - - EXISTING PROPERTY LINE EXISTING EASEMENT LINE 1/2 SIR W/ _10 SET IRON ROD WITH YELLDW HALFF CAP PLASTIC CAP STAMPED 'HALFF ASSOC INC' FIRS FOUND IRON ROD (UNLESS NOTED OTHERWISE) PFC ,/� POINT FOR CORNER BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM NAB 83, NORTH CENTRAL ZONE (4202). AS OBSERVED BY GPS (RTK)USING WESTERN DATA SYSTEMS DALLAS/FORT WORTH AREA COOPERATIVE NETWORK ON JULIAN DATE 229.2009. WOODLAND HEIGHTS CONNECTOR RD I FILE: 270A3-ROW2A.dgn I AVO: 27043 I DATE: 03/26/2010 1PACE 3 of 4 ' ..I ...................:....: JGL AS A. C,'a IICRJN 4 Douglas A. COOgWn. RRglelwe0 Proleselond Land S.xveyor, d0 herooy eerfify ingf tMa oweel wos under fswerrlNon�and �e0g1 tM prar.d A L 25R2, BL OCA' ! ' ! PP 0LAN0 10611TS I I B. A, SL. 1681 I P.R. T.C. T. � I LAN 2OB90/696 LL I I O.R. T.C. T. I ) ) 1 ' POINT OF I t BEGINNING j I I a lli I O . LOT 24, BL OCA' / 8155Js% I b ."ItW4THA �E r!//NOlER W 0.A A T C B 1 y29 iII I cal VAM I it, �' f 15' UTILITY EASEMENT—, VOL. 388, PG. 155 P.R.T.C.T. I I� I PARENT TRACT LOT 1, BLOCK / VICINITY MAP VOL. 16457, PC. /02 j O.R. T,C. T. PROPOSED CONNECTOR ROAD ,N17%49zC A►70T// R/CHT-OF-A►AYJ LOT /, BL OCAr / CATE/YAY CHURCH AO01RON CAB. A, SL. 7575 P.R. T.C. T. 6Arl-# 4 r CHURCH 0201066952 O.R. T. C. T. EXHIBIT 'A9 PROPOSED RIGHT-OF-WAY TAKING V NEW EASEIAOF-ENT LINE RIGHT -OF- ■ � A 1 _� AY NEW RIGHT-OF-WAY LINE ALJ EXISTING PROPERTY LE O _ _ — — EXISTING EASEMENT LINE 0.1677 ACRES 1/2 SIR W/ SET IRON ROD WITH YELLOW HALFF CAP ASSOC INC* STAMPED 'HALFF FIRS OUT OF THE (UNLESSRNOTED OTHERWISE) PFC—A POINT FOR CORNER JOHN A.FREEMAN SURVEY ABSTRACT No. 529 SYSSEM�NAO 83.NORTH CENTRAL COORDINATE 14202).AS OBSERVED BY On tRTX) USING WESTERN DATA TARRANT COUNTY. TEXAS NOWT RK ON JULIAN RATE0229 2009. COOPERATIVE ■om WOODLAND HEIGHTS CONNECTOR RD HALFF BEN FILE: 27043-ROW2B.d9 n AVO: 2TO43 ReolstRAnoH Na: d12 4000 FOWL CRM WM FCRTY0fflH,7IWM7IH37-2 e7 °""n TUffi-P7B1 FAK'a1 DATE: 03/26/2010 PAGE 4 of 4 X N 25 50 SCALE:1"=50' 9 d S T �DOUGLAS A. C',4LI'll 0' ....�. .. ........r.. ...5619 a I c L Dae)las A. Cohan Rm—'ed ProNNlonal Land Wwyor. do hereaY oort2y that this aareN ■as arepored from a surrey Bodo on Ih around .odor my euaerrlelon and dlroatlon. EXHIBIT "C" SLOPE EASEMENT DESCRIPTION Page 11 EXHIBIT A SLOPE EASEMENT SLOPE-2 BEING a 1,059 square foot tract of land in the John A. Freeman Survey, Abstract No. 529, in the City of Southlake, Tarrant County, Texas and being a part of that tract of land described in Warranty Deed with Vendor's Lien to Jonathan E. Minder, as recorded in Document No. D210061648 in the Official Records of Tarrant County, Texas, and being a part of Lot 24, Block 1 of Woodland Heights, an addition to the City of Southlake, as recorded in Volume 388-155, Page 13 in the Plat Records of Tarrant County, Texas (P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a 1/2-inch found iron rod for the common northeast corner of said Lot 24 and the southeast comer of Lot 25R-2 of Lots 25R-1 & 25R-2, Block 1, Woodland Heights, an Addition to the City of Southlake, as recorded in Cabinet A, Slide 1681 in the Plat Records of Tarrant County, Texas (P.R.T.C.T), being on the west line of Lot 1 of Lots 1 thru 4, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7423 P.R.T.C.T., THENCE South 01 degree 26 minutes 51 seconds East, along the east line of said Lot 24, passing the common southwest corner of said Lot 1 and the northwest comer of Lot 1, Block 1 of Gateway Church Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7575 P.R.T.C.T., at a distance of 14.68 feet, from which a 5/8-inch found iron rod bears North 55 degrees 11 minutes 05 seconds East, a distance of 1.78 feet, and continuing for a total distance of 49.63 feet to a point for corner on the new south right-of-way line of a proposed connector road (variable width right-of-way); THENCE North 74 degrees 54 minutes 07 seconds West, departing said east line and along said new south right-of-way line, a distance of 18.16 feet to the POINT OF BEGINNING; THENCE South 15 degrees 05 minutes 53 seconds West, departing said new south right-of-way line, a distance of 5.00 feet to the point of curvature of a circular curve to the left, having a radius of 214.00 feet, whose chord bears North 82 degrees 45 minutes 59 seconds West, a distance of 5 8.5 6 feet; THENCE Northwesterly, along said circular curve to the left, through a central angle of 15 degrees 43 minutes 44 seconds, an arc length of 58.74 feet to a point for comer; THENCE South 89 degrees 22 minutes 09 seconds West, a distance of 58.25 feet to a point for comer; THENCE South 00 degrees 37 minutes 51 seconds East, a distance of 5.00 feet to a point for comer; THENCE South 89 degrees 22 minutes 09 seconds West, a distance of 52.07 feet to a point for corner on a corner clip between said new south right-of-way line and the east right-of-way line of Westwood Drive (60 foot right-of-way); THENCE North 44 degrees 22 minutes 09 seconds East, along said corner clip, a distance of 14.14 feet to point for the north end of said corner clip; THENCE North 89 degrees 22 minutes 09 seconds East, departing said corner clip and along said new south right-of-way line, a distance of 100.32 feet for the point of curvature of a circular curve to the right, having a radius of 219.00 feet, whose chord bears South 82 degrees 45 minutes 59 seconds East, a distance of 59.93 feet; THENCE Northeasterly, along said circular curve to the right, through a central angle of 15 degrees 43 minutes 45 seconds, an arc length of 60.12 feet to the POINT OF BEGINNING AND CONTAINING 1,059 square feet or 0.0243 acres of land, more or less. A plat accompanies this legal description. Basis of Bearing is the Texas Coordinate System NAD 83, North Central Zone (4202), observed by GPS using Western Data Systems Dallas/Fort Worth area RTK Cooperative Network on Julian Date 229, 2009. EXHIBIT "D" SLOPE EASEMENT SURVEY Page 12 i� I� �W 1/2'SiR— W/HALFF CAP I � ; 1 I, L OT 25R-Z, BL OCA, / #1000LANO HE/CHTS 1 t C49-4, SL. /69/ P.R. T.C. r. LdNORZ& 110LO/N6S LLC. 0209301636 1/2' FIRI BEARS t O.R. rel. r N78.4916'E r 0.12' ,, 1 J�`I: I 1 `S0 q VICINITY MAP 2 .. _... 15 UTILITY EASEMENT VOL. 388, PG. 155 P.R.T.C.T. I POINT OF 'I COMMENCING ! 10' SLOPE --- ---- ��— I I EASEMENT _ --��---- --- ---EXISTING PR.OF6RTY_L1NE•.- x _ fi NEW Row PROPOSED 5' SLOP ' 1.059 S.F. CONNECTOR 'ROAD EASEMEI T� .0243 ACRES ry ,?145z£ w/Or// Rmvr--ar-mwr/LA I '` 1 I TOSBLEET�UNABLE POINT OF N89'22'09*E 100.32' N W' ROWUNABLE BEGINNING TO SET 1 S89'22'094W 5$.25' L5( SLOPE 52.07' 2 EASEMENT L Or 74 RL 0a / 1Y00&.4NO hlc16NTS VOL. 399-/55, PO /3 P.R. T.C. r. ✓0N.47#4N C. d!/NOER 02/006/649 O.R.R. T.C. T. 0 15 30 SCALE:1"=30' THIS BEARING TABLE NO. BEARING DISTANCE 1 S15'05'53'W 5.00' 2 S00'37'51'E 5.00' 3 N44'22'09'E 14.14' CURVE TABLE NO. ' DELTA RADIUS TANGENT LENGTH LONG CHORD 1 15'43'44' LT 115*43'45' 214.00' 29.56' 58.74' N82.45'59'W 58.56' 2 RT 219.00' 30.25' 60.12' 582'45'59'E 1 59.93' EXHIBIT 'A' SLOPE EASEMENT (SE-2) 0.0243 ACRES OUT OF THE JOHN A.FREEMAN SURVEY ABSTRACT No.529 TARRANT COUNTY.TEXAS HALFF" ■MA RE01971RAlMNO_ 912 am Fcem CRM BLw FORT WORTH. TEXAS 76197.m7 TEL 91 M7,14in FAx al 2Yt•9794 PROPOSED SLOPE EASEMENT — — — NEW EASEMENT LINE — - - — NEW RIGHT-OF-WAY LINE — - - — EXISTING PROPERTY LINE — — — — — EXISTING EASEMENT LINE 1/2 SIR W/ SET IRON ROD WITH YELLOW HALFF CAP -0 PLASTIC CAP STAMPED 'HALFF ASSOC INC' FIR FOUND IRON ROD (UNLESS NOTED OTHERWISE) PFC-� POINT FOR CORNER BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM NAD 81 NORTH CENTRAL ZONE 14202). AS OBSERVED BY CPS (RTKIUSINC WESTERN DATA SYSTEMS OALLAS/FORT WORTH AREA COOPERATIVE NETWORK ON JULIAN DATE 229,2009. WOODLAND HEIGHTS CONNECTOR RD I FILE: 27043-SE2A.dgn I AVO: 27043 1 DATE: 03/26/2010 (PAGE 3 of 4 1 145410 18.16, I i UNABLI j 1 TO SE' I I I I 1 1II ' NOTE:SURVEYOR WAS UNABLE TO SET MONUMENTATION FOR THE RIGHT OF WAY DUE TO THE RIGHT OF ENTRY BEING DENIED BY LAND OWNER. L Oallebs A.Cdhoun. Reelafereo Proteselonal Lana S.rveYor.Oo O9raeY oerllly that this PorCeI ros ersparse from o aWyey made on the ground anGar MY Neervlalon and tllreafton. 5R-2, BL OCK 4.4N0 R HE/GHTS �449 4, R. 1691 1 4 LA D/NGS C, N4 HOLLL • � '; 1 �D208.301b.�6 ti 0..R.r.C.r. l I E'- - 4l `" POINT OF COMMENCING I PROPOSED I CONNECTOR ROAD POINT OF I WR1491E /Yk7TH R/GHT?OF-lY,4YJ BEGINNING 1 i I I 15' UTILITY EASEMENT VOL. 388, PG. 155 P.R.T.C.T. I t'OT 24 SL OCK 1 I 010MANO HE/G/,7S I YOL. -W&q - 155, PC. 1,3 P.R..T.0 T. ✓ON. ,,r114N E. AI/NOER A0100616439 O.P.RzT.C. I I d x THIS PLAT. EXHIBIT 'A' SLOPE EASEMENT (SE-2) 0.0243 ACRES OUT OF THE JOHN A.FREEMAN SURVEY ABSTRACT No.529 TARRANT COUNTY.TEXAS 'm HALFF" ■ m ■ RE0167RATON RD.: 312 40M FOSS& CREEK BLVD FORT WORTH. TEXAS 76167.2707 TEL e17 e47.1422 FAX e1 M97e4 PARENT TRACT �I I 14 1 LOT I, BLOCK / VICINITY MAP CWW SCIFRES ,4WMION V, j C4B. A, SL. 742i P.R. T.C.T. NMINS 4 P1111rE PROP. INC._--_.-a- -•� IDOL. 16457 PG. 102 OR T.C. T I fy -- - - - cl .`w QQ PROPOSED CONNECTOR ROAD z o ti77E l�'/OTH R/GHT-OF-lY,4YJ W t" ' U iv. _ •--� Lu LOT /r BLOff / C.4rEiy/4Y CHURCH .4owr10N C.4B. 14, SL. 7575 P.R. T.C. T. GArEiY,4Y CHL/RCH 020/066952 'OR7..C.T.� 0 25 50 PROPOSED RIGHT-OF-WAY TAKING NEW EASEMENT LINE NEW RIGHT-OF-WAY LINE ---- EXISTING PROPERTY LINE — — — — — EXISTING EASEMENT LINE 1/2 SIR W/ SET IRON ROD WITH YELLOW HALFF CAP PLASTIC CAP STAMPED HALFf ASSOC INC' FIR-e FOUND IRON ROD (UNLESS NOTED OTHERWISE) PFC--A POINT FOR CORNER BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM NAD 83.NORTH CENTRAL ZONE 142021.AS OBSERVED BY GPS (RTKIUSWC WESTERN DATA SYSTEMS DALLAS/FORT WORTH AREA COOPERATIVE NETWORK ON JULIAN DATE 229.2009. WOODLAND HEIGHTS CONNECTOR RD I FILE: 2TO43-SE2B.dgn I AVO: 2TO43 I DATE: 03/26/2010 PAGE 4 of 4 SCALE: 1"=50' Sureaiydr N flT,l fY6d Proftl is LO Ge Prepared from o survey w4ft on fM pranE Under ply wperVleldn and dlreaflon. 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, JONATHAN E. MINDER, 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 2012. JONATHAN E. MINDER STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared JONATHAN E. MINDER, 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 , 2012 Notary Public in and for The State of Texas Commission Expires: 205 Westwood Drive EXHIBIT "F" GRANT OF PERMANENT SLOPE 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 SLOPE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, JONATHAN E. MINDER, 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 permanent Slope 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 permanent Slope 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 "C" and "D", 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 2011. JONATHAN E. MINDER STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared JONATHAN E. MINDER, 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 , 2011 Notary Public in and for The State of Texas Commission Expires: 205 Westwood Drive Electronically Recorded Official Public Records Mary Louise Garcia Tarrant County Texas 1 /13,12012 10: 31 AM PGS 5 $32.00 Submitter: SIMPLIFILE D212009492 R7C' (I_ WNOTICE 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, JONATHAN E. MINDER, 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 Uo- XA�lz `/ JONATHAN E. MINDER STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared JONATHAN E. MINDER, 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 �a day o, 2012. " _ c G1t.'DFLSTEIN -�,.= :��trrrr Publicr i ATE OF TEXAS � •' ...nun. Ez__.......�. Ubff 3^s.0,r �. 205 Westwood Drive ublic in and for The State of Texas ;ion Expires: ..y„�+.c!1Mf^Mxal HFk+1�ai�Yiira#E�:�!-ltLl.�'• �ji> v faAYLt tilEEiEI>1'EEN � <� No[ary PUIJ{IC 7rGtj' EXHIBIT A BEING a 7,304 square foot tract of land in the John A. Freeman Survey, Abstract No. 529, in the City of Southlake, Tarrant County, Texas and being a part of that tract of land described in Warranty Deed with Vendor's Lien to Jonathan E. Minder, as recorded in. Document No. D210061648 in the Official Records of Tarrant County, Texas, and being a part of Lot 24, Block 1 of Woodland Heights, an addition to the City of Southlake, as recorded in Volume 388-155, Page 13 in the Plat Records of Tarrant County,. Texas (P.R.T.C.T) and being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod for the common northeast corner of said Lot 24 and the southeast comer of Lot 25R-2 of Lots 25R-1 & 25R-2, Block 1, Woodland Heights, an Addition to the City of Southlake, as recorded in Cabinet A, Slide 1691 P.R.T.C.T., being on the west line of Lot 1 of Lots 1 thru 4, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7423 P.R.T.C.T., THENCE South 01 degree 26 minutes 51 seconds East, along the east line of said Lot 24, passing the common southwest comer of said Lot 1 and the northwest corner of Lot 1, Block 1 of Gateway Church Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7575 P.R.T.C.T., at a distance of 14.68 feet, from which a 5/8-inch found iron rod bears North 55 degrees 11 minutes 05 seconds East, a distance of 1.78 feet, and continuing for a total distance of 49.63 feet to a point for corner on the new south right-of-way line of a proposed connector road (variable width right-of-way); THENCE North 74 degrees 54 minutes 07 seconds West, departing said east line and along said new south right-of-way line, a distance of 18.16 feet to a point for corner for the point of curvature of a circular curve to the left, having a radius of 219.00 feet, whose chord bears North 82 degrees 45 minutes 59 seconds West, a distance of 59.93 feet; THENCE Northwesterly, along said new south right-of-way line and along said circular curve to the left, through a central angle of 15 degrees 43 minutes 44 seconds, an arc length of 60.12 feet to a point for comer; THENCE South 89 degrees 22 minutes 09 seconds West, along said new south right-of-way line, a distance of 100.32 feet to a point for corner being the north end of a corner clip between said new south right-of-way line and the east right-of-way line of Westwood Drive (60 foot right-of-way); THENCE South 44 degrees 22 minutes 08 seconds West, departing said south right-of-way and along said corner clip, a distance of 16.90 feet to a 1/2-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC INC." (hereinafter referred to as "with cap") for the south end of said corner clip, being on the common line between said east right-of-way line and the west line of said Lot 24; THENCE North 00 degrees 37 minutes 51 seconds West, departing said corner clip, along said common line and across said proposed connector road, a distance of 48.45 feet to a point for the common northwest comer of said Lot 24 and the southwest corner of said Lot 25R-2; THENCE North 89 degrees 22 minutes 09 seconds East, departing said east right-of-way line and along the common line between the north line of said Lot 24 and the south line of said Lot 25R-2, passing at a distance of 12.00 feet a 1/2-inch set iron rod with cap for the south end of a corner clip between said east right-of-way line and the new north right-of-way line of said proposed connector road, and continuing for a total distance of 188.41 feet to the POINT OF BEGINNING AND CONTAINING 7,304 square feet or 0.1677 acres of land, more or less. NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. f f t , ! f ' " 67 L,X'r\j0(-- 1--' 1 ,I W I ( 1/2' FIR BEARS N78'49'36'E 0.12 0 � 0 I X b4J ,I ( LOT 25R-2, 9L 00( I 1Y000L.4N0 11Z-/6H75 C.49. ,4, SL. 1691 P.R. T.C. r. L.4NORLIM 110Z O/NCS L L C 0209JO1636 0.19 r, C. r. j 4 N o�N PS RPGK W b/2' SIR w1 , P 5' SLOPE 13LUNNII HALFF CAP EASEMENT I '\ PFG �` EASEMENT,- N$9�22'09°E <x188.41' NEW --ROW, . x. � 3 Ln Ln ' M PODS Z 1/2' SIR WV HALFF CAP N 0 15 30 SCALE:1"=30' A LEGAL DESCRIPTION ACCOM VICINITY MAP 1 j 1I 1 POINT 0 L Or /, BL OCA, / i 1 112' FIR I 1, 1 /8' FIR I EARS f ( 55;11'05 E IO' SLOPE S89'22'09'W 100.32'UNLE EASEMENT _ ' UNABLE ' eW ' Ow TO TOASET ! TO SET } .. 5' SLOPE S44'22'08'W EASEMENT 16.90' N74'54'07" i (' 'CURVE DATA 18.16' I L A=15'43'44" LT 1`z R=219.00' Lor 24, 9LOCX 1 1=30. L = 6 0.1' 2 IYOOOL,4N0 11E16f1TS voL. �eB=755az: L� ,CB=N82'45'59"W (: PR r.C, r, 59.93' I ✓M471141V E MINDER O210061S49 ;URVE;YOR WAS UNABLE TO SET _NTATION FOR THE RIGHT OF WAY I Ir 15' UTILITY EASEMENT 1 THE' RIGHT OF ENTRY VOL. 388, PG. 155 I )ENIED BY LAND OWNER. IY P.R.T.C.T. EXHIBIT .A. p✓„� PROPOSED RIGHT-OF-WAY TAKING RIGHT—OF—WA — NEW EASEMENT LIFE 1 _ _ NEW RIGHT-OF-WAY LINE ^ ■.. ^ EXISTING PROPERTY LINE _ K O — EXISTING EASEMENT LINE iW, GJ. C �` v H G J O• /�' 77 ACRES 1/2 SIR W/ HALFF CAP SET RON ROD WITH YELLOW ASSOC MCAP STAMPED 'HALFF FIR-,* FOUND OTHERWISEI OUT OF THE PFC-Z/, f� SRNOTED POINT FOR CORNER JOHN A. FREEMAN SURVEY ABSTRACT No. 529 BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM NAD 83. NORTH CENTRAL ZONE (4202). AS OBSERVED BY GPS (RTK)USING WESTERN DATA TARRANT COUNTY, TEXAS SYSTEMS DALLAS/FORT WORTH AREA COOPERATIVE NETWORK ON JULIAN DATE 229. 2009. ■ ■ WOODLAND HEIGHTS CONNECTOR RD ■■■ HALFF FILE: 27043-ROW2A.dgn AVO: 27043 N" REOISTRATIONNO, 312 4M FOSSIL CREEK BLVD FORTWORTH, TFXAR 70137-2707 -' FAAXJEL 817)22W197ai DATE: 03/26/2010 PAGE 3 of 4 1. A. C.Atr r St;tYi'•�� 6 Doupkro 0. Ca0aun.TNpbtere6 ProfeNlplta Lad Surveyor; eo Heresy eerN/y 71Wt trAe porch rw prspered from a survey 0*00 On fM ground under my eupere10t0n end dire JIM 25R2, BL OCV l PP LAND IIEI0117S 1 R./6B/ P.R. T. C. T. LAN d/ HOLO/N6S LL 4 t 20B9016.,i6 O.R. T.C. T. ) I l � I ' POINT OF I I BEGINNING I i a L LOT /, BL OCiY 1 YIGPM IT MAP 6 SC/FRES AOD/T/ON uj 9, SL, 7423' RR C. o)p 91. 16457, RG. /02 ° D.R. W a >_ PROPOSED o CONNECTOR ROAD ` -_ St= St —r--- I /ABLE 070Th RV11r-OF-I1,4r7 0 LL JAZOU 07 A9 �i5tW#rS 0 t/OL. Mq 155 RC /-y I C/) 10#4ThW �£. d//NDER 1 1 10210 I61fl? OAR T.C. T, I L OT !, BL oclr ! 047DW r CHURCH AOO/T/ON CAB. A, SL. 7575 U�J M y29 I 04TE#4 r CHURCH 0201066952 cam v + r r:r F¢� I D.R. IreT. S� I Soo 15' UTILITY EASEMENT VOL. 388, PG. 155 P.R.T.C.T. I I 1 0 25 50 PARENT TRACT ' -------- -- -- - - - SCALE: V=50' EXHIBIT "Am PROPOSED RIGHT-OF-WAY TAKING RIGHT-OF—WAY — NEW EASEMENT LINE =u — NEN RIGNT-OF-WAY LIFE AY ^ EXISTING PROPERTY LINE ROW — OW— L — EXIST9JG EASEMENT LINE 0.1677 ACRES 1/2 SIR W/ HALFF CAP SET IRON ROD WITH YELLOW PLASTIC CAP WITH MALFF ASSOCLAST INC' FIR-0 IRON OUT OF THE PFC--A U&ESS NOTFOUND ED OTHERWISE) POINT FOR CORNER JOHN A.FREEMAN SURVEY ABSTRACT No. 529 ASRI SYSTE EC N 0 NORTH ETNEXRAAL ZODu202),AS TARRANT COUNTY, TEXAS OBSERVED BY -CPS IRTK)USMN. WESTERN DATA T WORTH COOPERATIVE ► ow TS DDN"`JULIANODATE 229.2009. ■■■ WOODLAND HEIGHTS CONNECTOR RD ■■■ HALFF M■■ Ru=TMnONNO.: au FILE: 27043-ROW2B.dgn AVO: 27043 MOa FOSOL CRM KV0 roarwoRMTsfw7afarsm - 'fa Bt B!Y-1/42 DATE: 03/26/2010 PAGE 4 of 4 0 Z V l Ooup,s A. Caho„t Reyatarw P,9fea**,ll L—d Surwyor.0o Mraby urtlP. — lh. r— oW irapOrW &U a dro t /M grout tndar• ay auparvlalen orq mraatb,s I Electronically Recorded Official Public Records f� Mary Louise Garcia Tarrant County Texas 1/13,1201210:31 AM PGS 5 $32.00 Submitter: SIMPLIFILE D212009493 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE PERMANENT SLOPE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, JONATHAN E. MINDER, of the County of Tarrant, State of Texas, for and in consideration of ONE DOLLAR, and other good and valuable considerations paid by the City of Southlake, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do hereby grant, bargain and convey to said City, its successors and assigns, the right to construct, reconstruct and perpetually maintain permanent Slope facilities, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to enter said premises, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining permanent Slope facilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas, being described as follows: EXHIBITS "C" and "D", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the City of Southlake, its successors and assigns. WITNESS OUR HANDS, this the 1 o day 441-11_1 20$ �Z ONATHAN E. MINDER STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared JONATHAN E. MINDER, 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 V) day ofQU'i 20� JZ, 1/ Notarylic in and for The State of Texas Commission Expires: -kL.ili{YWi YY 1w�a:.x�Ni st,nr �AfLL GIEL�Fl.S7EIN t'� , Notary Pu4Ac i r J� y STATL� JF'EnAS 205 Westwood Drive EXHIBITX i2, SLOPE EASEMENT SLOPE-2 BEING a 1,059 square foot tract of land in the John A. Freeman Survey, Abstract No. 529, in the City of Southlake, Tarrant County, Texas and being a part of that tract of land described in Warranty Deed with Vendor's Lien to Jonathan E. Minder, as recorded in Document No. D210061648 in the Official Records of Tarrant County, Texas, and being a part of Lot 24, Block 1 of Woodland Heights, an addition to the City of Southlake, as recorded in Volume 388-155, Page 13 in the Plat Records of Tarrant County, Texas (P.RT.C.T.) and being more particularly described as follows: COMMENCING at a 1/2-inch found iron rod for the common northeast corner of said Lot 24 and the southeast comer of Lot 25R-2 of Lots 25R-1 & 25R-2, Block 1, Woodland Heights, an Addition to the City of Southlake, as recorded in Cabinet A, Slide 1681 in the Plat Records of Tarrant County, Texas (P.R.T.C.T), being on the west line of Lot 1 of Lots 1 thru 4, Block 1, Gumm Scifres Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7423 P.RT.C.T.. THENCE South 01 degree 26 minutes 51 seconds East, along the east line of said Lot 24, passing the common southwest corner of said Lot 1 and the northwest comer of Lot 1, Block 1 of Gateway Church Addition, an addition to the City of Southlake, as recorded in Cabinet A, Slide 7575 P.RT.C.T., at a distance of 14.68 feet, from which a 5/8-inch found iron rod bears North 55 degrees 11 minutes 05 seconds East, a distance of 1.78 feet, and continuing for a total distance of 49.63 feet to a point for corner on the new south right-of-way line of a proposed connector road (variable width right-of-way); THENCE North 74 degrees 54 minutes 07 seconds West, departing said east line and along said new south right-of-way line, a distance of 18.16 feet to the POINT OF BEGINNING; THENCE South 15 degrees 05 minutes 53 seconds West, departing said new south right-of-way line, a distance of 5.00 feet to the point of curvature of a circular curve to the left, having a radius of 214.00 feet, whose chord bears North 82 degrees 45 minutes 59 seconds West, a distance of 58.56 feet; THENCE Northwesterly, along said circular curve to the left, through a central angle of 15 degrees 43 minutes 44 seconds, an arc length of 58.74 feet to a point for corner; THENCE South 89 degrees 22 minutes 09 seconds West, a distance of 58.25 feet to a point for corner; THENCE South 00 degrees 37 minutes 51 seconds East, a distance of 5.00 feet to a point for corner; THENCE South 89 degrees 22 minutes 09 seconds West, a distance of 52.07 feet to a point for corner on a comer clip between said new south right-of-way line and the east right-of-way line of Westwood Drive (60 foot right-of-way); THENCE North 44 degrees 22 minutes 09 seconds East, along said corner clip, a distance of 14.14 feet to point for the north end of said corner clip; THENCE North 89 degrees 22 minutes 09 seconds East, departing said comer clip and along said new south right-of-way line, a distance of 100.32 feet for the point of curvature of a circular curve to the right, having a radius of 219.00 feet, whose chord bears South 82 degrees 45 minutes 59 seconds East, a distance of 59.93 feet; THENCE Northeasterly, along said circular curve to the right, through a central angle of 15 degrees 43 minutes 45 seconds, an arc length of 60.12 feet to the POINT OF BEGINNING AND CONTAINING 1,059 square feet or 0.0243 acres of land, more or less. A plat accompanies this legal description. Basis of Bearing is the Texas Coordinate System NAD 83, North Central Zone (4202), observed by GPS using Western Data Systems Dallas/Fort Worth area RTK Cooperative Network on Julian Date 229, 2009. EKh; %f -t/-- v 1° it k1. t: ;> L 0, 25,9 BL OCK / IPOOOL4NO H£/C1175 6'4B..4, SL. 1681 4 P.R. T.C. r ei ;{ LANORU t /IOLO/NCI LLC. 1/2'FIR((8EARS '( 0208.701636 OR. T.C. I N78'49'f`E ' 0.12' v© vl ' I } CJii� VICIMTY MAP 01 15' UTILITY EASEMENT VOL. 388, PG. 155 W 1 P.R.T.C.T. POINT OF N COMMENCING 10' SLOPE �^ _ EASEMENT EXISTING PROPERTY,, LINE, r r�.� = oW PROPOSED L "SLOP r-NEW F t,o59 s.F. CONNECTOR ROAD EASEME�+1T 0.0243 ACRES fV4R/.4BL£ XV411 R1011%OFO..40 ( t 3 UNABLE TO SET N89'22'09'E 10( 1/2•SIR 1 W/HALFF CAP I S89.22'09'W 52.07' N LOT 24, BL OC�t' ! #'00R.4N0 HEICHTS vOL. 388-l55, PN~ /.i P.R. T.C. T. ✓ON.4Tf1.4N E. d!/NO£R 0210061648 O.P.R. T.C. T. - f 1 0 15 30 Sri SCALE: V=30' A LEGAL DESCRIPTION ACCOM UNABLE PTO SET' TO JV+4J: `5. SLOPE 2 EASEMENT RPARINr, TART i= NO. BEARING DISTANCE 1 515*05'53'W 5.00' 2 S00'37'51`E 500' 3 N44'22'09'E 14.14' ri Imo\/G TARI C NO.Wg219.00' RADIUS TANGENT LENGTH LONG CHORD 1 214.00' 29.561 58.74' N82-45'59-W 58 56' 2 30.25' 1 G0.12' SB2'45'59-E 59.93' EXHIBIT 'A' SLOPE EASEMENT (SE-2) 0.0243 ACRES OUT OF THE JOHN A.FREEMAN SURVEY ABSTRACT No.529 TARRANT COUNTY,TEXAS : HALFF' yR ■ I7■ REMMT10NN0. 312 40M FOM DRM BWo FORT WORTH, TE%A9 7c7»-170a YEL (l87 147-1472 FAX jHT� 272-g78{ LEGEND C .:....] PROPOSED SLOPE EASEMENT — — -- NEW EASEMENT LINE — — — NEW RIGHT -OF -NAY LINE — — _ -- EXISTING PROPERTY LINE — — — — — EXISTING EASEMENT LINE 1/2 SIR W/ SET IRON ROD WITH YELLOW PLASTIC CAP 'HALFF HALFF CAP STAMPED ASSOC INC' FIRS FOUND IRON ROD PFC— /� IUNLESS NOTED OTHERWISE) NOWT FOR CORNER BASIS OF BEARING 15 THE TEXAS COORDINATE SYSTEM NAB 83. NORTH CENTRAL ZONE (4202). AS OBSERVED BY GPS IRTKIUSING WESTERN DATA SYSTEMS DALLASIFORT WORTH AREA COOPERATIVE NETWORK DIN JULIAN DATE 229.2009. WOODLAND HEIGHTS CONNECTOR RD I FILE: 27043-SE2A.dgn I AVO: 27043 I DATE: 03/26/2010 1 PAGE 3 of 4 r OF on NOTE:SURVEYOR WAS UNABLE TO SET MONUMENTATION FOR THE RIGHT OF WAY DUE TO THE RIGHT OF ENTRY BEING DENIED BY LAND OWNER. L DI=VG A. 00%w ,NN+phM.va Protwbw tow $lYflyar.AA IMr.bf Wolff }hot 1Ms P-..g roo PfSOW6d 4� O Nrf,f nlpe, 00 f!u grou70 under w rgrwelen 4Y10 ar.ctlon. A s L 25R-2, BL 00(! irdOO1.4N0 HEIGHTS ICAB. A, SL. 166 P.R. T. C. T. LANL HOLO/NG,S LL I �� 1 A t�D208301696 'I O.)? T. C. is POINT OF COMMENCING PROPOSED CONNECTOR ROAD 1POINT OF fVAR/4BLE /YIOTH R/GHT?OF-lY'AYI BEGINNING 09 S.F. 3--ACRES; 15' UTILITY EASEMENT VOL. 388. PG. 155 P.R.T.C.T. i L'OT 24, BL OCdr, WOQOLAND HE/Ch'TS 1 f�OL. 3BB-I55, PG. I9 P.R...C. T. JGtNA4114N F. 02100616q/NDER O.R.R. r.C. r. oPN56 9 I \pN AIa5 i 1 EXHIBIT 'An SLOPE EASEMENT (SE-2) 0.0243 ACRES OUT OF THE PARENT TRACT �3 I I ;I II; I - ' L OT /, BL OCK / VICINITY YAP 011W SCIFRES 400/T/ON uj C.49. A, SL, 74,?J P.R. rC T. MULLAVS & il'HITE PROP- 1AV. - - '� > ' 110L. 16957 PC. 102 1 - �w t PROPOSED QM. CONNECTOR ROAD z o �f1ei /ABLE /Y/OTH R/GHT-OF-�AYI ; W U L i LOT /, BL OCA' ! C4,rFl Y CHURCH A001rION _ ' CAB. A, SL. 7575 P.R. r C I. 67 4TEW Y CHURCH 020/066952 O.R. T.C. Jr 1V f i 0 25 50 SCALE: V=50' PROPOSED RIGHT-OF-WAY TAKING ---- — — NEW EASEMENT LINE NEW RIGHT-OF-WAY LINE ---- EXISTING PROPERTY LINE — — — -- — EXISTING EASEMENT LINE 1/2 SIR W/ SET IRON ROD WITH YELLOW HALFF CAP-O PLASTIC CAP STAMPED 'HALFF ASSOC WC' FIR-v FOUND PON ROD [UNLESS NOTED OTHERWISE) PFC-A POINT FOR CORNER JOHN A. FREEMAN SURVEY ABSTRACT No. 529 BASIS OF BEARING 15 THE TEXAS COORDINATE SYSTEM NAD 83. NORTH CENTRAL ZONE 14202). AS �t OBSERVED BY GPS IRTK)USING WESTERN DATA WORTH AREA TARRANT COUNTY. TEXAS NETWORK ONLJULIAN DATE 229, 2009. COOPERATIVE ■■ WOODLAND HEIGHTS CONNECTOR RD ■■■ HALFF" ■:3 ■ R600TwMWI110. 312 FILE: 27043-SE2B.dgn AVO: 27043 40M RNML CREEK BLVD FOWr woanl, YfJfAB tslrzrsl ETM-Ii;;; DATE: 03/26/2010 PAGE 4 of 4 LDA. C—.Rcastea ProfesNpM Lana ao .".. trot t1Ys parcel -as prepared sy from suwvlslonva d t�M grand January 17, 2012 RATri-Ki&-Tuix City of Southlake 1400 Main Street, Suite 320 Southlake, TX 76092 Re: RTC GF#: 11-02293 Property Address: 205 Westwood Drive Southlake, TX 76092 Dear City of Southlake: In connection with the above referenced transaction, we are pleased to enclose the title policy and original instruments that have been filed of record. We continually strive to deliver consistent, high quality customer service and to make your experience as comfortable and easy as possible. To that end, we have created a special file concerning this transaction. Should the property be placed for sale or mortgaged in the future, all corresponding history will be easily accessible and will expedite closing of the transaction at Rattikin Title. It has been a great pleasure to be of service to you in this matter. If we can be of further assistance in this, or any future transaction, please contact us. Sincerely, Gayle Giebelstein Escrow Officer gg@rattikintitle.com Southlake Office • 2615 F. Southlake .Blvd., Suite 100 • Southlake, Texas 76092 • Phone 817.329,9975 • Fax 817.481.5058 www.Ratfikintifle.com OWNER'S POLICY OF TITLE INSURANCE (T U Issued by ALLIANT NATIONAL TITLE INSURANCE COMPANY POLICY NO. Any notice of claim and any other notice or statement in writing required to be given to the Company IT1 —57761 3 under this Policy must be given to the Company at the address shown In Section 18 of the Conditions COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, ALLIANT NATIONAL TITLE INSURANCE COMPANY, a Colorado corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions ALLIANT NATIONAL TITLE INSURANCE COMPANY Rattikin Title Company 201 Main Street -11 1iyS By. - Suite 800 e�Q.'p1�0R4 Nv37 President 0,1 Vj %Z Fort Worth TX 76102 ' r Countersign Z SEAL ;m n ry�ipOLOR��tJ a� y' Attest: 0991— By- Secretary Authorized Officer or Agent Form ANITX-TI Owner's Policy of Title Insurance IMPORTANT NOTICE To obtain information or make a complaint: You may call Alliant National Title Ins. Co.'s toll free telephone number for information or to make a complaint at: (877)788-9800 You may also write to Alliant National Title Ins. Co. at: 2101 Ken Pratt Blvd., Suite 102 Longmont, CO. 80501 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact Alliant National Title Ins. Co. first. If the dispute is not resolved, you may then contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Alliant National Title Ins. Co. para informacion o para someter una queja al: (877)788-9800 Usted tambien puede escriber a Alliant National Title Ins. Co.: 2101 Ken Pratt Blvd., Suite 102 Longmont, CO. 80501 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, dereturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: i tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Alliant National Title Ins. Co. primero. Si no se resuelve la disputa, puede entonces comunicarse con el dapartamento (TDI). UNA ESTE "ISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto ALLIANT NATIONAL TITLE INS. CO. OWNER'S POLICY OF TITLE INSURANCE T-1 SCHEDULE A Name and Address of Title Insurance Company File Number: 11-02293 Address for Reference only: 205 Westwood Drive Southlake, TX 76092 Amount of Insurance: $ 110,715.00 Alliant National Title Ins. Co. 2101 Ken Pratt Blvd., Suite 102 Longmont, CO. 80501 Policy Number: 577613 Date of Policy: January 13, 2012 Premium: $900.00 1. Name of Insured: City of Southlake 2. The estate or interest in the land which is covered by this policy is: TRACT 1: Fee Simple estate, subject to, and the Company does not insure title to, and excepts from the description of the Land, coal, lignite, oil, gas and other minerals in, under and that may be produced from the Land, together with all rights, privileges, and immunities related thereto. TRACT 2: Non -Exclusive Easement Estate for permanent slope facilities as created by that certain Permanent Slope Easement dated January 12, 2012, by and between JONATHAN E. MINDER and the CITY OF SOUTHLAKE, filed for record under Clerk's File No. D212009493, Deed Records of Tarrant County, Texas. 3. Title to the estate or interest in the land is insured as vested in: City of Southlake 4. The land referred to in this policy is described as follows: TRACT 1: Part of Lot 24, Block 1, WOODLAND HEIGHTS, an Addition to the City of Southlake, Tarrant County, Texas, according to plat recorded in Volume 388-155, Page 13, Deed Records of Tarrant County, Texas, being more particularly described by metes and bounds on Exhibit "A" attached hereto for all purposes. TRACT 2: Non -Exclusive Easement Estate for permanent slope facilities as created by that certain Permanent Slope Easement dated January 12, 2012, by and between JONATHAN E. MINDER and the CITY OF SOUTHLAKE, filed for record under Clerk's File No. D212009493, Deed Records of Tarrant County, Texas. FORM T-1: Owner's Policy of Title Insurance Schedule A (1 1-02293.PFD/1 1-02293/55) Rev. 05-01-08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS