Item 4KCITY OF
SOUTHLAKE
MEMORANDUM
(February 21, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Resolution No. 12 -007, Authorize the city attorney to bring
condemnation action for the purpose of obtaining easement for
construction and maintenance of T. W. King Water
Transmission Line located in the C.M. Throop Survey, Abstract
No. 1510 at 5 Kirkwood Boulevard in Westlake, Texas
Action
Requested:
Background
Information:
Resolution No. 12 -007, Authorize the city attorney to bring
condemnation action for the purpose of obtaining an easement for
construction and maintenance of T. W. King Water Transmission Line
located in the C.M. Throop Survey, Abstract No. 1510 at 5 Kirkwood
Boulevard in Westlake, Texas.
City staff have been working with representatives of Maguire Thomas
Partners for several months regarding the acquisition of two water line
easements for the construction of the T.W. King water supply line.
The city had two appraisals prepared for the acquisition of each of
these easements. The representatives of Maguire Partners - Solana,
L.P. received copies of the appraisals and did not object to the values
established and offered by the city. The first of the two easements
was acquired from Maguire Partners - Solana, L.P. in October of 2011.
The second parcel has a different lender than the lender on the first
parcel. Maguire representatives were working with city staff to close
on the easement located on the second parcel when unfortunately,
Maguire Partners - Solana, L.P. ran into debt financing issues with their
lenders. The property from which the city needs to acquire the
easement has been placed in receivership. While the City Attorney
was able to provide a response to the receiver's legal counsel
addressing their concerns, he has been unable to get a response to
the proposed language change
The project was awarded to Circle C Construction by the City Council
on February 7, 2012. The Inter local and License Agreements with
the Town of Westlake have been approved. Therefore, the time has
come for the city to notify the property owner that we need to move
forward with the condemnation proceedings. The easement needs to
be acquired so that the contractor will not be delayed.
The permanent easement sought consists of 14,494 square feet (448
acre) while the Temporary Construction easement consists of 14,129
square feet (.324 acre).
The results of the city's land appraisal is as follows:
Appraised Value of the Property
Easement (14,494 s.f.) $36,600
Temporary Construction Easement 9,600
Net Value $46,200
City staff requests the Council's approval of Resolution 12 -007 to
begin condemnation proceedings. The City Attorney will work with
staff and is prepared to proceed with condemnation proceedings.
Financial
Considerations: Funding for easement purchase is available in the FY 2010 capital
improvement program budget.
Strategic Link: The acquisition of the easement for the construction of the T.W. King
water supply line links to the city's strategy map relative to the focus
areas of Infrastructure and Performance Management and Service
Delivery. The specific corporate objectives that are met by this
construction project include: Providing high quality customer service;
and Investing to provide and maintain high quality public assets.
Citizen Input/
Board Review: N/A
Legal Review: The easement documents have been reviewed by the City Attorney's
office and this resolution for condemnation is the standard form
issued by the City Attorney's office.
Alternatives: The City Council may approve or deny Resolution 12 -007.
Supporting
Documents: Location Map
Resolution 12 -007
Parcel descriptions
Staff
Recommendation: Resolution No. 12 -007, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a water line
easement for construction and maintenance of T. W. King Water
Transmission Line located in the C.M. Throop Survey, Abstract No.
1510 at 5 Kirkwood Boulevard in Westlake, Texas.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Civil Engineer
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RESOLUTION NO. 12 -007
A RESOLUTION OF THE CITY OF SO UTHiAKE , TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION
ACTION FOR THE PURPOSE OF OBTAINING EASEMENTS FOR
CONSTRUCTION AND MAINTENANCE OF WATER SUPPLY LINE
IMPROVEMENTS AND APPURTENANCES AND FOR OTHER PUBLIC
PURPOSES PERMITTED BYLAW
WHEREAS, the City of Southlake is in the process of constructing a 30" water
transmission main along S.H. 114 (the 'Project') to connect to the T.W. King Pump Station which
will serve existing and future development in the City; and
WHEREAS, in order to complete construction of the Project, it is necessary for the City to
acquire an easement from property owners who own land across which the Project will be located;
and
WHEREAS, the City and the owner of the property, Maguire Partners LP- Solana, (the
'Maguire Property' ), have been unable to reach an agreement on the acquisition of the needed
easement; and
WHEREAS, the City Council now deems it necessary to authorize the City Attorney to
initiate condemnation proceedings in order to acquire the necessary right of way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SO UTHL.AKF , TEXAS:
SECTION 1.
The City Council of the City of Southlake, Texas, hereby finds and determines that the
recitals made in the preamble of this Resolution are true and correct, and incorporates such recitals
herein.
SECTION 2.
The City Council of the City of Southlake, Texas hereby finds and determines that a public
necessity exists for the City of Southlake, Texas to acquire a 0.448 acre right of way, as more
particularly described on the attached Exhibit "A -1" and depicted on the attached Exlubit "B -1"
and a 0.324 acre temporary construction easement , as more particularly described on the attached
Exlubit "A -2" and depicted on Exlubit `B -2 ".
SECTION 3.
The City Attorney is hereby authorized to bring a condemnation lawsuit against the
owners, and any and all other parties having an interest in the property, for the purpose of
acquiring the above referenced right of way through the exercise of the City's power of eminent
domain, provided that the following conditions are first met:
Page 1
(a) The City will obtain ownership information and a legal description for each parcel
to be acquired;
(b) If the property owners and /or other parties are located through the exercise of due
diligence, the City Manager, or her designated representative, will:
(1) Make a final offer to the owners and /or other parties for the purchase of the
above referenced right of way and easements;
(2) When the final offer to purchase is made, the City Manager or her
representative will disclose to the owners and /or other parties, all existing appraisal reports or
value studies produced or acquired by the City relating to the owners' or parties' property and used
by the City in determining the amount of the final offer;
(3) If the owners and /or other parties fail or refuse to accept the City's final
offer, the City Manager may direct the City Attorney to file eminent domain proceedings.
(c) When any of the owners and /or other parties cannot be located through the exercise
of due diligence, the City Attorney may skip the actions described in paragraph (b) and may file
eminent domain proceedings against such owners and/or other parties, and shall cite such owners
and /or other parties, who cannot be located, by publication in the manner authorized by law.
(d) The City Council hereby authorizes the City Manager to make final offers to the
owners of such property in such amount as the City Manager determines to be just compensation
for conveyance to the City of Southlake of the above referenced right of way, based upon
appraisals or market studies available to the City Manager.
SECTION 4.
That the City Council hereby finds and determines that the above described right of way is
needed so that the City of Southlake can construct waterlines and roadway improvements, which is
a public purpose and is necessary to serve the public health, safety and welfare.
SECTION 5.
That this Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this day of ) 2012.
ATTEST:
Alicia Richardson, City Secretary
Mayor, City of Southlake
Page 2
GRANT OF PERMANENT EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF TBE FOLLOWING INFORMATION FROM THIS INSTRiJMENT BEFORE IT IS FILED
FOR RECORD IN TBE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICFNSE NUMBER.
CITY OF SOUTHLAKE
PERMANENT WATERLINE EASEMENT
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, MAGUIRE PARTNERS - SOLANA LIMITED PARTNERSHIP, a Texas
limited partnership of the County of Tarrant, State of Texas ("Grantor'), for and in consideration
of ONE DOLLAR, and other good and valuable considerations paid by the CITY OF
SO UTHI AKE a municipal corporation of Tarrant County, Texas ( "Grantee'), receipt of which
is hereby acknowledged, does hereby grant, bargain and convey to said Grantee, its successors
and assigns, the non - exclusive right to construct, reconstruct and perpetually maintain a thirty
inch (30') water line, together with all necessary appurtenances thereto (collectively, the "Water
Line'), 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 the rights granted herein, and for the purpose of
constructing, reconstructing and maintaining said Water Line, and for making connections
therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas, being
described in EXHIBITS "A" and 'B ", attached hereto and made a part hereof (the 'Easement
Area').
NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS MADE
BY GRANTOR AS TO THE CONDITION OR SUITABILITY OF THE EASEMENT
AREA, OR OF ANY IMPROVEMENTS NOW OR HEREAFTER LOCATED ON SUCH
ARE, AND THE SAME IS ACCEPTED BY GRANTEE IN ITS "AS IS", "WHERE IS ",
CONDITION, AND "WITH ALL FAULTS ", AND WITHOUT ANY REPRESENTATION
OR WARRANTY.
Subject to the foregoing Grantor expressly retains, reserves, and shall continue to use
and enjoy the Easement Area for any and all purposes whatsoever which do not unreasonably
interfere with the use and enjoyment by Grantee of the easement granted herein, including, but
not limited to, the right (i) to construct or locate upon the Easement Area pavement, roadways
and such other items or materials (except for permanent buildings and permanent structures) as
Grantor shall desire; (ii) to use the Easement Area for pedestrian and vehicular ingress and
egress; and (iii) to permit an overlapping gas transmission pipeline easement in, upon and across
the Easement Area, provided the horizontal distance between the centerline of the Water Line
and any such future gas pipeline shall be no less than fifteen feet (15'), and Grantee agrees to
cooperate with Grantor in connection with the granting and use of any such gas transmission
pipeline easement.
Following any construction, reconstruction or maintenance of the Water Line, Grantee
shall at its expense promptly restore the remainder of the Easement Area to substantially the
050405 000001 FTWORTH 180159 1
same condition that existed prior to any such construction, reconstruction or maintenance.
Grantee shall be solely responsible for the performance of any maintenance or repairs that may
be required from time to time to the Water Line. During construction, reconstruction or
maintenance of the Water Line, Grantee will use reasonable efforts to keep the Easement Area
free of debris arising out of construction activity.
All work performed by Grantee within and about the Easement Area shall be performed
in a good and workmanlike manner and in compliance with all applicable laws, rules,
regulations, ordinances, directives, covenants, easements and restrictions of record. Grantee
shall not permit any mechanics' or materialmen's liens to attach to the Easement Area as a result
of the exercise of Grantee's rights set forth herein. If any mechanics' and/or materialmen's liens
are attached to the Easement Area in connection with Grantee's exercise of its rights hereunder,
and Grantee fails to fully discharge such lien, by bonding or otherwise, within ten (10) days after
receipt of notice thereof, then Grantor may bond, insure over or otherwise discharge the lien and
Grantee shall reimburse Grantor for any amounts paid by Grantor, including without limitation
reasonable attorneys' fees.
Grantee shall cause all contractors of Grantee entering the Easement Area to obtain and
keep in force at their sole expense commercial general liability insurance with a minimum
combined single limit of $5,000,000 for each occurrence. Said insurance shall name Grantor as
additional insured and shall be issued by an insurance company authorized to do business in the
State of Texas. A certificate evidencing such coverage shall be delivered to Grantor on or before
the date such contractor of Grantee enters upon any part of the Easement Area.
Grantee hereby releases Grantor and each of its employees and agents and their
respective successors and assigns from any and all claims, demands, proceedings, lawsuits,
liabilities, damages, fines, judgments, or expenses arising on account of injury, death, or damage
to persons or property on the Easement Area, to the extent any such injury, death, or damage
may be incident to, arise out of� or be caused, in whole or in part, by Grantee's entry onto the
Easement Area or the construction, reconstruction, or maintenance of the Water Line, except to
the extent the same is caused by the negligence or willful misconduct of Grantor, its employees
or agents. Further, in no event shall Grantor be liable for any damage to Grantee's property
caused by any tenant, licensee, contractor, or invitee of Grantor or its affiliates, or by any other
third parties. Notwithstanding anything to the contrary herein, in no event shall Grantor be liable
to Grantee for any consequential, special or punitive damages in connection with any claims
arising under this Permanent Waterline Easement.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns. The
rights herein granted are made and accepted by Grantee subject to all matters of record, to the
extent they validly affect the Easement Area.
[Signature and Acknowledgement Page Follows]
050405 000001 FTWORTH 180159 2
WITNESS OUR HANDS, this the day of 9 2012.
GRANTOR:
MAGUIRE PARTNERS - SOLANA LIMITED
PARTNERSHIP, a Texas limited partnership
By: Maguire Partners - Solana GP Limited
Liability Company, a Delaware limited
liability company, its general partner
Bv:
Name: Tom Allen
Title: Vice President
GRANTEE:
CITY OF SOUTHLAKE, TEXAS
Shana Yelverton, City Manager
GRANTOR'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this day of , 2012
by Tom Allen, Vice Manager of Maguire Partners -Solana GP Limited Liability Company, a
Delaware limited liability company, the general partner of Maguire Partners - Solana. Limited
Partnership, a Texas limited partnership, on behalf of said limited partnership.
Notary Public in and for The State of Texas
Commission Expires:
050405 000001 FTWORTH 180159 3
GRANTEE'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this day of , 2012
by Shana Yelverton, the City Manager of the City of Southlake, Texas, a municipal corporation
of Tarrant County, Texas, on behalf of said municipal corporation.
Notary Public in and for The State of Texas
Commission Expires:
050405 000001 FTWORTH 180159 4
EXHIBIT "A -1"
LEGAL DESCRIPTION
30' PERMANENT WATER LINE EASEMENT
BEING a 30 foot wide strip of land located within Lot 1, Block 1, Westlake /Southlake Park
Addition No. 1, to the Town of Westlake, Tarrant County, Texas, according to the plat
recorded in Volume 388 -214, Page 78, of the Plat Records of Tarrant County, Texas. Said
30 foot wide strip of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the North boundary line of said Lot 1, and said Point of
Beginning being located S 89 °26' 14" W 52.49 feet from the Northeast corner of said Lot 1;
THENCE S 33 0 37' 53" E 105.61 feet, to a point;
THENCE S 12 0 35' 12" W 29.07 feet, to a point at the West corner of an existing
Southwestern Bell Telephone Co. easement, recorded
in Volume 2288, Page 436, of the Deed Records of
Denton County, Texas;
THENCE S 32 E 50.00 feet, along the Southwest boundary line of said
telephone easement, to a point at the South corner of
said telephone easement;
THENCE S 77 E 31.91 feet, to a point;
THENCE S 33 0 37' 53" E 376.12 feet, to a point;
THENCE S 78 E 13.81 feet, to a point;
THENCE N 54 E 9.32 feet, to a point in the Southwest right -of way line
of State Highway No. 114, and the Northeast boundary
line of said Lot 1;
THENCE
S 29 0 30' 13"
E
30.15 feet, along the Southwest right -of -way line of
said State Highway No. 114, to a point,
THENCE
S 54 0 52'25"
W
19.23 feet, to a point;
THENCE
N 78 0 42'43"
W
39.13 feet, to a point;
THENCE
N 33 °37'53"
W
376.52 feet, to a point;
THENCE
N 77 0 24'34"
W
32.29 feet, to a point;
THENCE
N 32 0 22'57"
W
74.85 feet, to a point,
THENCE
N 12 0 35'12"
E
28.68 feet, to a point;
050405 000001 FTWORTH 180159
A- I
THENCE
THENCE
THENCE
N 33 0 3753" W 92.00 feet, to a point;
N 36 0 42'30" W 21.11 feet, to a point in the North boundary line of said
Lot 1;
N 89 0 26' 14" E 37.15 feet, along the North boundary line of said Lot
1, to the POINT OF BEGINNING, containing 0.448
acre (19,494 square feet) of land.
050405 000001 FTWORTH 180159 A -2
EXHIBIT "B -1"
SURVEY
PERMANENT WATERLINE EASEMENT
EXHIBIT r 'B"
30' WIDE PERMANENT
TI 68'38`14 "E
POINT OF
BR ITTAIN CRAWFORD
EGINNING
*w
&
WATERLINE EASEMENT
aa NO H
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LAND SURMINa
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, A S 33"37'53 "E
WITHIN LOT 1, BLOCK I
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LOT 1, BLACK 1
WESTIAKE /SOU`THIAKE +Y'
PARK ADDITION Nu. 1 - o
VOL. 988 -214, PG. 78
OWNER.
MAG1fIRE P'ARTNER9 —SOWRA �
LAND, L.P.
1
30' W 1DE PERMANENT
WATERLINE EASEMENT
0.448 ACRE`
(19,494 SQ.F.)
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050405 000001 FTWORTH 180159 B -1
30' WIDE PERMANENT
BR ITTAIN CRAWFORD
&
WATERLINE EASEMENT
LAND SURMINa
0,448
O,44d ACRE OF LAND
T[IPOGRAPHIC MAPPING
WITHIN LOT 1, BLOCK I
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PARK .ADDITION No.1
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CITY OF WESTLAKE,
TARRANT COUNTY, TEXAS
SCALE 1 " =60'
(K -G.) DATA \FN \FN_ SOUTHLAK E_WFL_09
\•_PERM_15, DWG
050405 000001 FTWORTH 180159 B -1
GRANT OF TEMPORARY EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRAW✓ ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN TBE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
CITY OF SOUTHLAKE
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, MAGUIRE PARTNERS - SOLANA LIMITED PARTNERSHIP, a Texas
limited partnership of the County of Tarrant, State of Texas ( "Grantor'), for and in consideration
of ONE DOLLAR, and other good and valuable considerations paid by the CITY OF
SO UTHI AKE a municipal corporation of Tarrant County, Texas ( "Grantee'), receipt of which
is hereby acknowledged, does hereby grant, bargain and convey to said Grantee, the non-
exclusive, temporary right to construct facilities, roads or utilities, 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 the rights granted herein until a
time not to exceed eighteen (18) months from the date hereof (the "Term "), in, upon and across
that certain tract or parcel of land in Tarrant County, Texas, being described in EXHIBITS "A"
and 'B ", attached hereto and made a part hereof (the 'B'asement Area'), solely for purposes of
facilitating the construction of a thirty inch (30') water line on the thirty foot (30') wide tract of
land located immediately adjacent and parallel to the Easement Area, as more particularly
described in that certain Permanent Waterline Easement granted by Grantee to Grantor
contemporaneously herewith, which Permanent Waterline Easement is recorded under Document
Number in the Real Property Records of Tarrant County, Texas.
NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS MADE
BY GRANTOR AS TO THE CONDITION OR SUITABILITY OF THE EASEMENT
AREA, OR OF ANY IMPROVEMENTS NOW OR HEREAFTER LOCATED ON SUCH
ARE, AND THE SAME IS ACCEPTED BY GRANTEE IN ITS "AS IS " , "WHERE IS ",
CONDITION, AND "WITH ALL FAULTS ", AND WITHOUT ANY REPRESENTATION
OR WARRANTY
Subject to the foregoing Grantor expressly retains, reserves, and shall continue to use
and enjoy the Easement Area for any and all purposes whatsoever which do not unreasonably
interfere with the use and enjoyment by Grantee of the easement granted herein.
Prior to the expiration of the Term, Grantee shall at its expense promptly restore the
Easement Area to substantially the same condition existing as of the date hereof. Grantee will
use reasonable efforts to keep the Easement Area free of debris arising out of construction
activity.
All work performed by Grantee within and about the Easement Area shall be performed
in a good and workmanlike manner and in compliance with all applicable laws, rules,
050405 000001 FTWORTH 180159 1
regulations, ordinances, directives, covenants, easements and restrictions of record. Grantee
shall not permit any mechanics' or materialmen's liens to attach to the Easement Area as a result
of the exercise of Grantee's rights set forth herein. If any mechanics' and /or materiahnen's liens
are attached to the Easement Area in connection with Grantee's exercise of its rights hereunder,
and Grantee fails to fully discharge such lien, by bonding or otherwise, within ten (10) days after
receipt of notice thereof, then Grantor may bond, insure over or otherwise discharge the lien and
Grantee shall reimburse Grantor for any amounts paid by Grantor, includ without limitation
reasonable attorneys' fees. The provisions of the preced sentence shall survive the expiration
or termination of this Temporary Construction Easement.
Grantee shall cause all contractors of Grantee entering the Easement Area to obtain and
keep in force at their sole expense commercial general liability insurance with a minimum
combined single limit of $5,000,000 for each occurrence. Said insurance shall name Grantor as
additional insured and shall be issued by an insurance company authorized to do business in the
State of Texas. A certificate evidencing such coverage shall be delivered to Grantor on or before
the date such contractor of Grantee enters upon any part of the Easement Area.
Grantee hereby releases Grantor and each of its employees and agents and their
respective successors and assigns from any and all claims, demands, proceedings, lawsuits,
liabilities, damages, fines, judgments, or expenses arising on account of injury, death, or damage
to persons or property on the Easement Area, to the extent any such injury, death, or damage
may be incident to, arise out of� or be caused, in whole or in part, by Grantee's entry onto the
Easement Area or the construction of facilities, roads or utilities as permitted herein, except to
the extent the same is caused by the negligence or willful misconduct of Grantor, its employees
or agents. Further, in no event shall Grantor be liable for any damage to Grantee's property
caused by any tenant, licensee, contractor, or invitee of Grantor or its affiliates, or by any other
third parties. Notwithstanding anything to the contrary herein, in no event shall Grantor be liable
to Grantee for any consequential, special or punitive damages in connection with any claims
arising under this Temporary Construction Easement.
TO HAVE AND TO HOLD the same unto the Grantee. The rights herein granted are
made and accepted by Grantee subject to all encumbrances of record to the extent they validly
affect the Easement Area.
[Signature and Acknowledgement Page Follows]
050405 000001 FTWORTH 180159 2
WITNESS OUR HANDS, this the day of , 2012.
GRANTOR:
MAGUIRE PARTNERS - SOLANA LIMITED
PARTNERSHIP, a Texas limited partnership
By: Maguire Partners- Solana GP Limited
Liability Company, a Delaware limited
liability company, its general partner
Bv:
Name: Tom Allen
Title: Vice President
GRANTEE:
CITY OF SOUTHLAKE, TEXAS
Shang Yelverton, City Manager
GRANTOR'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this day of , 2012
by Tom Allen, Vice President of Maguire Partners -Solana GP Limited Liability Company, a
Delaware limited liability company, the general partner of Maguire Partners - Solana Limited
Partnership, a Texas limited partnership, on behalf of said limited partnership.
Notary Public in and for The State of Texas
Commission Expires:
050405 000001 FTWORTH 180159 3
GRANTEE'S ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF TARRANT
The foregoing instrument was acknowledged before me this day of , 2012
by Shana Yelverton, the City Manager of the City of Southlake, Texas, a municipal corporation
of Tarrant County, Texas, on behalf of said municipal corporation.
Notary Public in and for The State of Texas
Commission Expires:
050405 000001 FTWORTH 180159 4
EXHIBIT "A -2"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
20' TEMPORARY CONSTRUCTION EASEMENT
BEING a 20 foot wide strip of land located within Lot 1, Block 1, Westlake /Southlake Park
Addition No. 1, to the Town of Westlake, Tarrant County, Texas, according to the plat
recorded in Volume 388 -214, Page 78, of the Plat Records of Tarrant County, Texas. Said 20
foot wide strip of land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the North boundary line of said Lot 1, and said Point of Beginning
being located S 89 °26' 14" W 89.64 feet from the Northeast corner of said Lot 1;
THENCE S 36 E 20.11 feet, to a point,
THENCE S 33 0 37' 53" E 92.00 feet, to a point;
THENCE S 12 0 35' 12" W 28.68 feet, to a point;
THENCE S 32 E 74.85 feet, to a point;
THENCE S 77 E 32.29 feet, to a point;
THENCE S 33 0 37' 53" E 376.52 feet, to a point;
THENCE S 78 E 39.13 feet, to a point,
THENCE N 54 E 19.23 feet, to a point in the Southwest right -of -way line
of State Highway No. 114, and the Northeast boundary
line of said Lot 1;
THENCE S 29 0 30' 13" E 20.10 feet, along the Southwest right -of -way line of
said State Highway No. 114, to a point;
THENCE S 54 W 25.83 feet, to a point;
THENCE N 78 W 56.02 feet, to a point;
THENCE N 33 W 376.78 feet, to a point;
THENCE N 77 W 32.54 feet, to a point,
THENCE N 32 W 91.42 feet, to a point,
THENCE N 12 0 35' 12" E 28.43 feet, to a point,
THENCE N 33 W 82.93 feet, to a point,
050405 000001 FTWORTH 180159 A- I
THENCE N 36 °42'30" W 35.18 feet, to a point in the North boundwy line of said
Lot 1;
THENCE N 89 0 26' 14" E 24.77 feet, along the North boundary line of said Lot 1, to
the POINT OF BEGINNING, containing 0.324 acre (14,129
square feet) of land.
050405 000001 FTWORTH 180159 A -2
EXIIIBIT "B -2"
SURVEY
TEMPORARY CONSTRUCTION EASEMENT
s
EXHIBIT "B
POINT OF
3EGINNING
'42'30
0
l �
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ti
• `� \
5011ffM'ESiERN u..
1EAEPNaNE EASE
$ 12•$5�>,2"w \.
`�f il. Ox.PI . 436
N �
0
N 77°24'34 "W
32.54'
20' WIDE TEMPORARY
CONSTRUCTION EASEMENT
0.324 ACRE
(14,129 SQ.F.)
LOT 1, BLOCK I
MESTLAKE /SOIITKLAKE
PARK ADDITION No. 1
VOL, 988 -214, PG. 78
P.R.T.C.T.
OWNER:
MAGUIRE PARTNERS— SOLANA
LAND, L.P.
r
�JAYPS L On Al l 1
his >a co C' • Q N 78'd2'd3 "1F
Nt7t 56:'Q2' S 54 °52 - W
DECEMBER ' 3, 2010
DUTHLAKE, TX
1400 Mo ;n St., Ste. 320 S66THLAICE
TEL: 817 - 748- 8038 TLXAS 1
24' WIDE TEMPORARY
BRITTAIN & CRAWFORD CONSTRUCTION
LAND SGRV8YING a, EASEMENT
TOPOGRAPHIC MAPPING O
0.324 ACRE OF LAND [�
LOCATED WITHIN LOT 1. BLOCK 1
PA. HOA ` t i3a Ja09 RaY+H RL Av
ESTLAKE /SOUTHLAKE, PARK ADDITIO
No.l, CITY OF WESTLAKE,
TARRANT COUNTY. SCALE 1 " =60'
(K.G.) DATA\ FN'\ FN _SGUTHLAKE_WTL_09 \'_TEMP_03,DWG
b3 I
0
\
0
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n `
050405 000001 FTWORTH 180159 B -1