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Francis Throop Survey, Abstract 1511 (Lot 23), 2011 - Deed ElectronicaQRecorded Tarrant CouTexas Official Public Records 10/6/2011 1:29 PM D211243151 L fili dt -ederi.wrifiC4 C. ;Of PGS 3 $24.00 li_Oay t Mary Louise Garcia Submitter: SIMPLIFILE 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, DONALD W. WARD and wife, LEIGH ANN WARD, 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 6 day of ()CP 42011. % o(/ 7:/ DONALD W. WARD LEI H ANN WAR STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared DONALD W. WARD and wife, LEIGH ANN WARD, 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 5 day ot+ tl_F , 2011. N is In and for The State of Texas Commission Expires: PARCEL NO 23 f 1-( 5 � r I ,. +. t ORIGINAL DOCUMENT CITY F SOUTHLAKE Council Action: W N Ord. /Res. No. Date Approved) °"i'"" v tOaa/ EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 23 BEING 0.175 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tract of land conveyed to Donnie W. Ward and wife, Leigh Ann Ward by the deed recorded in Volume 8735, Page 1350, of the Deed Records of Tarrant County, Texas. Said 0.175 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Southeast corner of said Ward Tract and the Northeast comer of a tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141692 of the Deed Records of Tarrant County, Texas, and said POINT OF BEGINNING also lying in the existing West right -of -way line of North Kimball Avenue; THENCE N 89° 53' 15" W 27.97 feet, along the South boundary line of aforesaid Ward Tract and the North boundary line of said Wagner Tract, to a '/" iron rod marked " Brittain & Crawford ", set in the new West right -of- way line of said North Kimball Avenue; THENCE along the new West right -of -way line of said North Kimball Avenue, as follows: 1. N 00° 49' 31" W 126.45 feet, to a 1 /2" iron rod marked " Brittain & Crawford ", set; 2. N 30° 29' 57" W 52.13 feet, to a 1" iron rod marked " Brittain & Crawford ", set in the new Southwest right- of-way line of Dove Road; THENCE along the new Southwest right -of -way line of Dove Road, as follows: 1. N 62° 51' 56" W 41.42 feet, to a %" iron rod marked " Brittain & Crawford ", set; 2. N 64° 25' 38" W 130.79 feet, to a 34" iron rod marked "Brittain & Crawford ", set in the West boundary line of said Ward Tract and the East boundary line of a tract of land conveyed to Pamela D. Long in the deed recorded in Volume 8713, Page 620 of the Deed Records of Tarrant County, Texas; THENCE N 00° 19' 37" E 11.80 feet, along the West boundary line of said Ward Tract and the East boundary line of said Long Tract, to a point lying in the existing Southwest right -of -way line of said Dove Road; THENCE S 65° 06' 27" E 230.76 feet, along the Northeast boundary line of said Ward Tract, and the existing Southwest right -of -way line of said Dove Road to a point at the Northeast comer of said Ward Tract; THENCE S 00 36' 17" E 161.43 feet, along the East boundary line of said Ward Tract and the existing West right -of -way line of said North Kimball Avenue, to the POINT OF BEGINNING containing 0.175 acre (7,604 square feet) of land. G:doalmball- bpalalproW23 c yJ A e) 1 1 N OO °19'37 "E -.1lr ©op �\ - .. - 11.80' S s ° p 4 1/2" IRS- N S 6 PE'' ENT GHT -WAY v 1 '3 Zan 16, 0.175 ACRE ,60>�SQ.FT. 9 1/2" I ° N 62 °51'56 "W 41.42 ' _� W N I N 30 °29'57 "W � 5 a I 52.13' .a. ; M 52.13 1 / 2 " , S 4 ' DONNIE W. WARD s , a■s AND WIFE •"" ' w R 4c ci LEIGH ANN WARD t" '" X 9 VOL. 8735, PG. 1350 ,� O F O X / --e + °' I Z 0 a / tei PERMANENT RIGHT -OF -WAY UNE 0 Ng' -- 1 -- -- 1/2 "I Z Y I N 89 °53'15 "W 1 27.97' 1 - DINT OF BEGINNING 5/3" IRON D FOUND PAUL WAGNER, CC No. 2051 41 69 2, D.R.T.C.T. I I SURVEYED ON THE GROUND s MAY 26, 2010 JAMES L BR ti i Gl�uu. -- �, ? 1674 ..4, ' JAMES L BANTAM a 4SnISK3-e ./ REGISTERED PROFESSIONAL SURV,„% PROPERTY CORNER NOTE STATE OF TEXAS N0. 1874 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" CITY OF SOUTHLAKE • 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" BVITrAIN &CRANFORD PERMANENT RIGHT -OF -WAY tAND SURVEYING & 0.175 ACRE OF LAND TOPOGRAPHIC MAPPING LOCATED IN THE • ii °' ` Ns. a +» M11-6112 -=-' THROOP SURVEY J ' P.O. wt Ilp.. WOO SWTh 'll!1 FORT .I ABSTRACT No. 1511 SOUTHLAKE, TARRANT COUNTY, \Kmaaw._rs°wzA� TEXAS SCALE 1 "= 60' CONTRACT OF SALE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT OF SALE is made by and between Donald W. Ward and Leigh Ann Ward 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 0.175 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tract of land conveyed to Donnie W. Ward and wife, Leigh Ann Ward by the deed recorded in Volume 8735, Page 1350, of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds in Exhibit "A ", attached hereto and incorporated herein for all purposes, and being more particularly shown on a survey drawing marked Exhibit "B ", attached hereto and incorporated herein for all purposes together with all and singular the rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contact as the "Property "), together with any improvements and fixtures, situated on and attached to the Property. Seller also sells and agrees to convey, and Purchaser purchases and agrees to pay for, a Permanent Utility, Drainage, and Wall Easement situated in Tarrant County, Texas, which is more particularly described as follows/ C±4 rO Ode( i f me-Q_ CU 54. a 0.031 acre of land located in the Francis Throop Survey, Abstract No. '1511, Southlake, Tarrant County, Texas, and being a portion of the tract of land conveyed to Donnie W. Ward and wife, Leigh Ann Ward by the deed recorded in Volume 8735, Page 1350, of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds in Exhibit "C ", attached hereto and incorporated herein for all purposes, and being more particularly shown on a survey drawing marked Exhibit "D ", attached hereto and incorporated herein for all purposes Page I p p This Contract is made for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II. PURCHASE PRICE The purchase price for the Property shall be TWO HUNDRED FORTY THOUSAND AND 00 /100 DOLLARS ($240,000.00) cash. ARTICLE III. PURCHASER'S RIGHTS AND OBLIGATIONS 3.01 Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have the Title Company issue a preliminary title report (the "Title Report") accompanied by copies of all recorded documents relating to easements, rights -of- way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that any conditions are not satisfactory, Seller shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller chooses not to do so or is unable to do so within twenty (20) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes. If written notice is not received by Seller within the 20 day period, all conditions shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 3.02 Survey. Attached as Exhibit "B" is a copy of the survey that Purchaser caused to be prepared for Property. 3.03 New Surveys and Tests. Within ten (10) days after the date of execution, Seller shall provide to Purchaser a copy of any environmental site assessment that Seller has caused to be prepared for the Property, or that Seller has received. Within 20 (twenty) days after the date of execution, Purchaser is granted the right to conduct an environmental and engineering survey and feasibility study of the Property at Purchaser's sole cost and expense, and in this connection Purchaser or Purchaser's designated agents may enter upon the Property for purposes of soil analysis, core drilling, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If Purchaser determines, in Purchaser's sole judgment, that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller within twenty (20) days after receipt of survey, terminate this Contract and it shall be null and void for all purposes. If the written notice is not received within this twenty (20) day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 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. Page 2 0 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. OBLIGATIONS OF THE SELLER 4.01 Septic System and Connection to Public Sewer System. Seller agrees to remove the existing septic system on the remainder property and connect to the proposed public sewer system within one year of completion of the Kimball Avenue Project. The City agrees that there will be no connection (tap) fees ($1700.00) or sanitary sewer impact fees ($1240.47) if the connection is completed within one year of completion of the project and notification of the property owner. 4.02 Demolition of Existing Structures. Seller Agrees to demolish and remove any portion of the existing structures within the proposed Kimball Avenue right of way or the proposed Permanent Utility, Drainage, and Wall Easement within 120 days after closing on this property. ARTICLE V. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date: (1) Seller is the sole owner of the Property and has the right and ability to convey good and marketable title in fee simple to the Property to Purchaser without the approval or participation of any other person and free and clear of any and all liens, encumbrances, conditions, assessments and restrictions. (2) During Seller's ownership of the Property (1) no excavation of the Property occurred, (2) no landfill was deposited on or taken from the Property, (3) no construction debris or other debris (including, without limitation, rocks, stumps, and concrete) was buried upon the Property, and (4) no toxic waste or "hazardous substances" as that term is defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1988, or petroleum products and derivatives thereof, were deposited on the Property. Seller further represents and warrants that, to the best of his knowledge, none of the foregoing occurred on the Property prior to Seller's ownership of the Property. (3) That there are no real estate brokers', agents' or finders' fees or commissions due arising in connection with the execution of this Contract or from the consummation of the sale contemplated herein. Page 3 ARTICLE VI. CLOSING 6.01 Closing Date. The closing shall be held on 2011, at the Title Company (which date is herein referred to as the "Closing D e "). 6.02 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 Utility, Drainage and Wall Easement in the form attached hereto as Exhibit "F" conveying to Purchaser a permanent utility and drainage easement on the Property (3) Seller's delivery to Purchaser a duly executed and acknowledged Temporary Construction Easement in the form attached hereto as Exhibit "G ". (3) Delivery to Purchaser, at Purchaser's sole expense, of a Texas Owner's Title Policy, issued by the Title Company in the full amount of the purchase price, insuring Purchaser's permanent right -of -way on the Property, subject only to those title exceptions listed in this Article III, if any, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: ( a . rte- 'cepio, _., (b) The exception as to restrictive covenants shall be endorsed "None of Record"; and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (3) Seller's execution of such documents and instruments reasonably requested by the title company to consummate the transactions contemplated herein. (4) Delivery to Purchaser of possession of the Property. 6.03 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 Pagc 4 0 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. 6.04 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. 6.05 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 6.04 and attorney's fees incurred by the Seller shall be paid by the Seller. ARTICLE VII. REAL ESTATE COMMISSIONS Seller shall pay, at Seller's sole cost and expense, any commissions or brokerage fees associated with this Contract which are owed by Seller. Seller agrees to indemnify and hold the City harmless from claims made by any person for any such fees, commission or like compensation claiming to have dealt with the Seller. ARTICLE VIII. 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 IX. BREACH BY PURCHASER If Purchaser shall fail to consummate this Contract for any reason, except Seller's default or the termination of this Contract pursuant to a right to terminate given herein, Purchaser shall be in default and Seller may at its sole and exclusive remedy have the Escrow Deposit paid to Seller as liquidated damages for the breach of Contract thereby releasing Purchaser from this Contract. ARTICLE X. MISCELLANEOUS 10.01 Effective Date. The effective date of this Contract will be the date the last party executes the contract. Page 5 0 10.02 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. 10.03 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. 10.04 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. 10.05 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. 10.06 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. 10.07 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. 10.08 Time. In this Contract, time is of the essence and compliance with the times for performance is required. 10.09 Attorneys Fees. The prevailing party in the adjudication of any proceeding relating to this Agreement shall be authorized to recover its reasonable and necessary attorney's fees pursuant to Sec. 271.159 of the Texas Local Government Code. Page 6 0 EXECUTED this D. {. day of A,3 , 2011. SELLER: PURCHASER: DONALD W. WARD CITY OF SOUTHLAKE, TEXAS By: n By Donald W. Ward Jo , Terrell 2010 East Dove Road Mayor Southlake, Texas 76092 1400 Main Street Southlake, Texas 76092 LEIGH ANN WARD ATTEST: , �.•�p • � • .••••••. • F ' to/ O• 4 .01,1, :... By: eigh ,/1(,61 taA LL.,.) C-0-k.. &OA iag4) / : " z Ann Ward Alicia Richardson, TRMC + `� ti. 2010 East Dove Road City Secretary * 4 Southlake, Texas 76092 " " " " "0 Page 7 ACKNOWLEDGMENTS STATE OF TEXAS § ',_Vow § COUNTY OF T*RRANT § Before me, the undersigned authority in and for the State of Texas, on this day personally appeared Donald W Ward and Leigh Ann Ward, known to me (or proved to me on the oath of or through i 'y bt_ . [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 \ uSuss , 2011. "" P"g DEBORAH RI O ` ile._ i ,t Nwary aoao, scare of Texas o ary Publ i and for / \ l' My Commission Expires , ' �'a '�' JANUARY 10, 2014 ' The State of Texas My Commission Expires: ��b o r h \-- N 2 2 0 Typed or Printed Name of Notary STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority in and for said County, Texas, on this day personally appeared John Terrell, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she is the City Manager of the City of Southlake, Texas and is duly authorized to execute this Contract for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the loth day of 2011. thedivaleg Notary Public in and for The State of Texas My Commission Expires: 7 2 A ibaokz Typed or Printed Name of Notary ID o S �sw r�ao- TARA A BROOKS •°' ` ' Notary Public, State of Texas :a My Commission Expires ?A. �Ed,�L;r•'� October 08, 2014 Page 8 0 EXHIBIT "A" PROPERTY DESCRIPTION Page 9 0 V EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 23 BEING 0.175 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tract of land conveyed to Donnie W. Ward and wife, Leigh Ann Ward by the deed recorded in Volume 8735, Page 1350, of the Deed Records of Tarrant County, Texas. Said 0.175 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Southeast corner of said Ward Tract and the Northeast corner of a tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141692 of the Deed Records of Tarrant County, Texas, and said POINT OF BEGINNING also lying in the existing West right -of -way line of North Kimball Avenue; THENCE N 89° 53' 15" W 27.97 feet, along the South boundary line of aforesaid Ward Tract and the North boundary line of said Wagner Tract, to a %" iron rod marked "Brittain & Crawford ", set in the new West right -of- way line of said North Kimball Avenue; THENCE along the new West right -of -way line of said North Kimball Avenue, as follows: 1. N 00° 49' 31 "W 126.45 feet, to a 1" iron rod marked "Brittain & Crawford ", set; 2. N 30° 29' 57"W 52.13 feet, to a Y" iron rod marked "Brittain & Crawford ", set in the new Southwest right-of-way line of Dove Road; THENCE along the new Southwest right -of -way line of Dove Road, as follows: 1. N 62° 51' 56" W 41.42 feet, to a '/" iron rod marked "Brittain & Crawford ", set; 2. N 64° 25' 38" W 130.79 feet, to a %" Iron rod marked "Brittain & Crawford', set in the West boundary line of said Ward Tract and the East boundary line of a tract of land conveyed to Pamela D. Long in the deed recorded in Volume 8713, Page 620 of the Deed Records of Tarrant County, Texas; THENCE N 00° 19' 37" E 11.80 feet, along the West boundary line of said Ward Tract and the East boundary line of said Long Tract, to a point lying in the existing Southwest right - of-way line of said Dove Road; THENCE S 65° 06' 27' E 230.76 feet, along the Northeast boundary line of said Ward Tract, and the existing Southwest right -of -way line of said Dove Road to a point at the Northeast comer of said Ward Tract; THENCE S 00° 36' 17" E 161.43 ' feet, along the East boundary line of said Ward Tract and the existing West right -of -way line of said North Kimball Avenue, to the POINT OF BEGINNING containing 0.175 acre (7,604 square feet) of land. G:doc i all -Iegab proW2a 0 0 EXHIBIT `B" PROPERTY SURVEY Page 10 0 Al k 1 I 1 \\ \ N 00 °19'37 "E V f , 11.80' S 63,, R0 40 1/2" IRS N 6 1 6 P1' ENT GHT OF -WAY 1 ? S• ?3 0.175 ACRE ,6 SQ.FT. I X30 X 94 94 U � • �6, ri 1 /2u 1 - " V a N 62 °51'56 "W 41.42 1/2 la N 1 N 3 5213 71W ,: > 1 ; 1/2 IRS z 0 DONNIE W. WARD ri k rA\ AND WIFE t! W 1 4 I LEIGH ANN WARD ` a , g n 9 VOL. 873 PG. 1350 1 .:� a D.R.T.C.T. o € M " N. Zo S 43 0 e i z o ti — a I PERMANENT RIGHT—OF—WAY UNE Z 1 1 1/2" IRS - . , 1 27.97' ' ! 1 OF GINNING 1 1 5/ IRON FOUND PAUL WAGNER. CC No. 20 51 41 692. D.R.T.C.T. 1 1 SURVEYED ON 'ME GROUND ' MAY 26. 2010 ',1/41 ' ' ■ A G �C JAMES AM `, 1674 !, * . � ' � ,(llQ REGISTERED PRO ' - . SURI;'� PROPERTY CORNER NOTE LAND SURVSURVEYOR r STAT E OF =AS N0. 1674 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS STATE (1/2 "IRS) WITH CAP MARKED "EIRIITAIN & CRAWFORD" CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" BRrrrmi &CRA'IWFORD PERMANENT RIGHT -OF -WAY L*I °i 0.175 ACRE OF LAND TOPOGRAPHIC ""10 LOCATED IN THE (.17, swath - En. NEE 4l1141112 FM w a+» . •2• P.O. IN I l . WO $ 71 1.71NMY NU ABSTRACT NO. 1511 ""`'"'°"' SOUTHLAKE, TARRANT COUNTY, V 1-ROM\ ' TEXAS • SCALE 1"i. 60' 0 • EXHIBIT "C" UTILITY, DRAINAGE, AND WALL EASEMENT PROPERTY DESCRIPTION Page 11 0 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 23 BEING 0.031 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tract of land conveyed to Donnie W. Ward and wife, Leigh Ann Ward by the deed recorded in Volume 8735, Page 1350, of the Deed Records of Tarrant County, Texas. Said 0.031 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a W iron rod marked "Brittain & Crawford ", set in the South boundary line of said Ward Tract. lying N 89° 53' 15" W 27.97 feet, from a 518" iron rod found marking the Southeast corner of said Ward Tract, and said POINT OF BEGINNING also Tying in the new West right -of -way line of North Kimball Avenue; THENCE N 89° 53' 15" W 10.00 feet, along the South boundary line of aforesaid Ward Tract, to a point in the new West right -of -way line of said North Kimball Avenue; THENCE N 00° 49' 31 W 143.83 feet, to a point in the new West right -of- way line of said North Kimball Avenue; THENCE along the new West right -of -way line of said North Kimball Avenue. as follows: 1. S 30° 29' 57" E 20.20 feet, to a W iron rod marked "Brittain & Crawford ", set; 2. S 00° 49' 31° E 126.45 feet, to the POINT OF BEGINNING containing 0.031 acre (1,351 square feet) of land. G doclkimbaiblegaMES•23 0 EXHIBIT "D" UTILITY, DRAINAGE, AND WALL EASEMENT SURVEY Page 12 0 y ,� , W e I p i CiN. I z 'NT R \ -..41.0,7 of 41 D - w,, oo �f k , CO � qp ' ,i t i j f DONNIE W. WARD Z re AND WIFE \ •.30 °29'57 "E N LEIGH ANN WARD 20.20, m 1 VOL. 8735. PG. 1350 it 1 D.R.T.C.T. , /2" I • S »i I ib 10' PERMANENT UTIIJTY. m I DRAINAGE AND WALL EASEMEN 1 0.031 ACRE /1.351 SQ.FT. , rf 1 9 1 z r z o N 00°49'31"W ° lc; I _ `y , , ° 143.83' o ~ 1 0- ■ � 4 1 I N 89 °53' 15 "W N 5J "IRON 0 FOUND _ - 10.00' r - - _ r MI SO HEAST RNER OF WARD T T � N •53'151 27.97' POINT OF BEGINNING, l 1/2" IRON ROD SET I I PAUL WAGNER CC No. 205141892, D.R.T.C.T. PROPERTY CORNER NOTE SCALE 1 "- 80' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2 "IRS) WITH CAP MARKED "DRITTNN & CRAWFORD" CITY OF SOUTHLAKE t mil, 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "8" BRrrrenr &CRAWFoRD 10' PERMANENT UTILITY, IMO SURVEYING ° DRAINAGE AND WALL EASEMENT ' �� ° t fie - 'f ' : TOPOGRAPHIC MAPPI NO • y 4. csm mane - :m sii in 0.031 ACRE OF LAND JAWS 1.. BRRTAIN ; rA1 11.- 0117) ats-wT �.... P.O. .m, 1117/ • MO MUTH MEW W LOCATED IN THE r' 'A 1 07 " ■ o,;i I ,;,yw„ FRANCIS THROOP SURVEY ' tyo s € u 4 * A ._ '' ABSTRACT No. 1511 VIDABALLVES -2A SOUTHLAKE. TARRANT COUNTY, TEXAS JULY 6. 2010 ■ 0 EXHIBIT "E" ACQUISITION DEED Page 13 0 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, DONALD W. WARD and wife, LEIGH ANN WARD, 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. ,c^� WITN S MY HAND, this the c t day of i"1 uc� ,' \-.. , 2111. AL.-t,..., c� t ._ / DONALD W. WARD L I cr ARD STATE OF TEXAS COUNTY OF TARRANT " l>o px BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared DONALD W. WARD and wife, LEIGH ANN WARD, 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 .,10 day of AU c , 2011. • y ' � " " DEBORAH L. RIZZO No ary Public in and or The State o Q� ; '°''�` , Commission Expires: Notary Public. Stale o f T exa s , ("(...":0 \ 1 + uyComnisdonExpires ; ika 0 JANUARY 10, 2014 , PARCEL NO. 23 0 EXHIBIT "F" GRANT OF PERMANENT UTILITY AND DRAINAGE 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 15 FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, DONALD W. WARD and wife, LEIGH ANN WARD, 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 Utility, Drainage and Wall 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 Utility, Drainage and Wall facilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas, being described as follows: EXHIBITS "A" and "B ", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the City of Southlake, its successors and assigns. WITNESS OUR HANDS, this the .2 (o day of A t >a 111 • DONALD W. WARD L ANN WARD STATE OF TEXAS COUNTY OF TARRA BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared DONALD W. WARD and wife, LEIGH ANN WARD, 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 HAN P , e SEAL OF OFFICE, this the a day of A u , 2011. Notary Public in and for The State of Tex up do ' ;r '" . DEBORAH L. RIZZO ��.►R .., .F ' Commission Expires: I, ' � Notary Public, Slate of Texas % \ My Commission Expires 11,1;:a JANUARY 10, 2014 PARCEL NO. 23