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Francis Throop Survey, Abstract No. 1511 (Lot 23) - ROW ORIGINAL DOCU T CITY OF SOUTH jj Council Action: Y /© Ord. /Res. No. Date Approved CONTRACT OF SALE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT OF SALE is made by and between Paul Wagner 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 0.218 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No.205141692, 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; provided, however, Seller and Seller's heirs, successors, and assigns forever, reserve all oil, gas, and other minerals in and under and that may be produced from the Property. If the mineral estate is subject to existing production or an existing lease, this reservation includes the production, the lease, and all benefits from it. Seller also sells and agrees to convey, and Purchaser purchases and agrees to pay for, a 0 Permanent Utility, Drainage, and Wall Easement situated in Tarrant County, Texas, which is more • particularly described as follows: �'� 10 / L dJ1 -)1 C. 0 S f (44 I A 0.078 acre tract of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No. 205141692, 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 Page 1 particularly shown on a survey drawing marked Exhibit "D ", attached hereto and incorporated herein for all purposes For no additional consideration, Seller further agrees to grant to Purchaser a one (1) year Temporary Construction Easement which shall be ten feet wide, adjacent and parallel to and west of the Permanent Utility, Drainage and Wall Easement Line of the Property as shown on Exhibit `B" attached hereto, which Temporary Construction Easement shall be in the form shown on Exhibit `B" which is attached hereto. Purchaser may extend the Temporary Construction Easement twice for twelve (12) month increments in return for $344.00 per twelve month period paid to Seller, provided such payment is received before the expiration of the prior term. This Contract is made for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II. PURCHASE PRICE The purchase price for the Property shall be ONE HUNDRED TWENTY -NINE THOUSAND FOUR HUNDRED FORTY -FOUR AND 00 /100 DOLLARS ($129,444.00) 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 Page 2 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. 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. 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. Page 3 (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. G' • ARTICLE VI. CLOSING )01a 4. 6.01 Closing Date. The closing shall be held on Y 9 1 ,.mfr; at the Title Company (which date is herein referred to as the "Closing D to "). 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 ". (4) 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 th- usual form of Texas Owner's Title Policy, provided, however: (a) , , Y I I i . • . • I • - . -" 0 • 11 I. , _ • - "I, � r (b) The exception as to restrictive covenants shall be endorsed "None ofRecord "; 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." (5) Seller's execution of such documents and instruments reasonably requested by the title company to consummate the transactions contemplated herein. (6) Delivery to Purchaser of possession of the Property. 6.03 Failure of Conditions. Should any of the conditions specified in Paragraph 6.02 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 Page 4 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. 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. Page 5 ARTICLE X. MISCELLANEOUS 10.01 Effective Date. The effective date of this Contract will be the date the last party executes the contract. 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 5 EXECUTED this J - t day of c ,�-�-t , 2011. SELLER: PURCHASER: PAUL WAGNER CITY OF SOUTHLAKE, TEXAS 11Y: / A2.- • BY .1�J J, 4 ' aul Wagner John Terrell 2302 Still Point Lane Mayor Colleyville, Texas 76034 1400 Main Street Southlake, Texas 76092 Page 7 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority in and for the State of Texas, on this day personally appeared Paul Wagner, known to me (or proved to me on the oath of or through u Pi-- • [description of identity card or other document]) to be the person whose name is su 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. Notary Public in and for The �State of Texas / l My Commission Expires: Typed or Printed Name of Notary A!; 1 �y VALERIE POTTER s!' ;1 Notary Public, State of Texas STATE OF TEXAS § = "� = My Commission Expires 1 ' af a :* , February 28, 2015 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. Sf GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the �) day of �e- Fc�rv. , 2011. Notary Public in and for The State of Texas My Commission Expires: pt,_, 0 fc YZ I LH A R DS b ts3 o / Typed or Printed Name of Notary ••e ( • *IfPU9 r ,* • • • s / ifiP s Page 8 s r • , r4 El(p_5• • I. y0_25- EXHIBIT "A" PROPERTY DESCRIPTION Page 9 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 21 BEING 0.218 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No. 205141692, of the Deed Records of Tarrant County, Texas. Said 0.218 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 14" iron rod found at the Southeast corner of the tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141696 of the Deed Records of Tarrant County. Texas, and the Northeast corner of Lot 23, F. Throop No. 1511 Addition, an addition to the City of Southlake by the plat recorded in Cabinet A, Slide 11643 of the Plat 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 S 89° 56' 23" W 28.24 feet, along the South boundary line of said Wagner Tract and the North boundary line of Lot 23, to a 1 /2" iron rod marked "Brittain & Crawford ", set in the new West right -of -way line of said North Kimball Avenue; THENCE N 00° 49' 31" W 338.08 feet, along the new West right -of -way line of said North Kimball Avenue, to a %" iron rod marked "Brittain & Crawford ", set in the North boundary line of said Wagner Tract and the South boundary line of a 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; THENCE S 89" 53' 15" E 27.97 feet, along the North boundary line of said Wagner Tract and the South boundary line of said Ward Tract, to a 5/8" iron rod found in the existing West right -of -way line of North Kimball Avenue; THENCE S 00 52' 15" E 338.00 feet, along the East boundary line of said Wagner Tracts and the West right -of -way line of North Kimball Avenue, to the POINT OF BEGINNING containing 0.218 acre (9,499 square feet) of land. G.doc\kimball.lega Istprow27 EXHIBIT `B" PROPERTY SURVEY Page 10 DONNIE W. WARD AND WFIE, LEIGH ANN WARD VOL. 8735, PG. 1350, D.R.T.C.T. K S 89°53'15"E � J z 27.97 5 /E" IROM 90D FOUND — 9 4 BARBED WIRE x -- *CE - - * a i / O .`Zs 1/2" IRS--' � PAUL WAGNER F CC No. 205141692 D.R.T.C.T. PERMANENT RIGHT —OF —WAY 1 0.218 ACRE /9499 SQ.FT. —.`.. O CO n z 00 °Q rr - a Z I W en ° Cr z z N � JJ z,t OP o— • O ,? X °I J I Q 0 I <U•)U p a w w O 4 J • z N I 4 z 1 Y I 0 1-° 1 I 0 Z 1/2" IRS-\ I I LOT 23, F. THROOP NO. 1511 1 `\ �, POINT OF BEGINNING ADDITION, CAB. A. SLIDE 11643 S 89 °56'23 "W 1/2" IRON ROD FOUND P.R.T.C.T. 28.24' z i z SURVEYED ON NE GROUND MAY 26, 2010 4 ` `7' .. �F. OF ._ TF > A P ' G1STE - 4 IY %'H.� 1k REa :'9,A n jettuto L "JAMES L BRITTAIN ■ �1 [ _ , r - ` a 1674 i:� Ir JAMES L 8R11TAIN `1:4 °!! 'SSOP Y REGISTERED PROFESSIONAL ',-*. §OR . PROPERTY CORNER NOTE LAND SURVEYOR .,i STATE OF TEXAS NO. 1674 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2 "IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD" 1 CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" BRrrrAnv & CRAWFORD PERMANENT RIGHT —OF —WAY LAND SURVEYING & 0.218 ACRE OF LAND 2 II TOPOGRAPHIC MAPPING (0(0 sec -uei i - M OTT (COn 4C0 - 0112 FRAN THROOP T SURVEY � ' � FAX N4. (617) 926 -4347 P.O. 1100 111174. 31108 SOUTH FXEWAY I� FORT, IUITN, TEXAS 78110 ABSTRACT No. 1511 m SOUTHLAKE, TARRANT COUNTY, \KIMBALL\_ROW21\ TEXAS SCALE 1"= 60' EXHIBIT "C" UTILITY, DRAINAGE, AND WALL EASEMENT PROPERTY DESCRIPTION Page I1 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 21 BEING 0.078 acre of land located in the Francis Throop Survey, Abstract No 1511, Southlake, Tarrant County, Texas. and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No. 205141692, of the Deed Records of Tarrant County. Texas. Said 0.078 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a ' /i" iron rod marked "Brittain & Crawford ". set in the South boundary line of a tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141696 of the Deed Records of Tarrant County, Texas, and lying S 89° 56' 23" W 28.24 feet, from a F2° iron rod found marking the Southeast corner of the tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141696 of the Deed Records of Tarrant County, Texas. and said POINT OF BEGINNING also lying in the new West right -of -way line of North Kimball Avenue; THENCE S 89° 56' 23" W 10.00 feet, along the South boundary line of said Wagner Tract. to a point; THENCE N 00" 49' 31" W 338.11 feet, to a point in the North boundary line of said Wagner Tract; THENCE S 89° 53' 15" E 10.00 feet, along the North boundary line of said Wagner Tract, to a W iron rod marked "Brittain & Crawford ", set in the new West right -of -way line of North Kimball Avenue; THENCE S 00" 49' 31" E 338.08 feet. along the new West right -of -way line of North Kimball Avenue. to the POINT OF BEGINNING containing 0.078 acre (3.381 square feet) of land. -- doc.k"mcall- legals',ES-2 t f. EXHIBIT "D" UTILITY, DRAINAGE, AND WALL EASEMENT SURVEY Page 12 DONNIE W. WARD AND WIFE, LEIGH ANN WARD 1 I VOL. 8735, PG. 1350. D.R.T.C,T. I S 89 °53'15"E 1/2" IRS J 1 0 l " IRON RfOD FOUND Q ,4119 4, BANE() WIRE FENCE � � -x -M ` PAUL WAGNER °` IG R {° WAY U T 41 CC No. 205141692 1 D.R.T.C.T. I 1 10' PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT I W I 0.078 ACRE/3,381 SQ.FT. 1 co i 0 i W °° el { t re i !� - ..--- J ` X. _j m 4') 61 • ti �( 1 '>r E : Q ° 0 1 1 = — 1 i z V) 1 Q _j cs C4 1 Z Foci i <z 1 i i 1 1 IN CC TEMPORARY NS1TJc11ON / ! j 5 ° 56 " 3'Iw EASEMENT, .O14 ACRE ------ 1 / ^ 8.24 -' 1 625 IT. LOT 23. F . t -IRQOP NO. 1511 i \ 1 1 COITION, CAR. A, SLIDE 11643 rr IRAN ROD FOUND AD O S $9 0 56 23 W � s vR THEAS CORNER OF P.R.1.C.T. 10.00' I i 9 69S / - -RO1I LOF _ BEGINNING t 1/2" IRON ROD SET US ( 4 R f i 1 II PROPERTY CORNER NOTE SCALE 1w: R0` ALL PROPERTY CORNERS SET ARE 1/2 " IRON RODS 1/2 "IRS) WITH CAF' MARKED "BRITTNN & CRAWFORD' q ( CITY OF SOUTHLAKE HLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "8" BR'''AIN &CRAWFORD 10' PERMANENT UTILITY, LAND SURVEYING & �� OF TE :\ TOPOGRAPHIC DRAINAGE AND WALL EASEM �� < * * ' - ` .0, .r.,x°I , - METRO [.l 0.078 ACRE OF LAND ,.uurES:L.BRItnIN.., FMx HO. (esll 116-9347 P.O, O M !tsr4.woe,wm MEW IN THE �., 1674 ,..°.,` . FOR7 1141%114, MAIL 71EXAS „2 FRANCIS THROOP SURVEY y� S U R y � ABSTRACT No. 1511 t��a1u ti» sa\ SOUTHLAKE, TARRANT COUNTY. TEXAS JULY 6. 2010 EXHIBIT "E" ACQUISITION DEED Page 13 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 IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE PERMANENT UTILITY AND DRAINAGE AND WALL EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, PAUL WAGNER, 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 and Drainage 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 and Drainage 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 day of , 2011. PAUL WAGNER STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared PAUL WAGNER, 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: PARCEL NO. 21 EXHIBIT "G" TEMPORARY CONSTRUCTION EASEMENT Page 15 TEMPORARY CONSTRUCTION EASEMENT PAUL WAGNER TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS Being the owner of the above referenced property, I (we) hereby grant to the City of Southlake, and to the Contractor, a temporary construction easement through a portion of a tract of land conveyed to PAUL WAGNER, by the deed recorded in Volume 13999, Page 232 of the Deed Records of Tarrant County, Texas for the purposes of constructing necessary roadway facilities. The temporary construction easement will be 10 feet wide and shall be West of and parallel to the permanent Utility and Drainage Easement, as indicated on Exhibit "B" attached hereto. It is understood that during construction, the Contractor will of necessity require the temporary construction easement to accommodate movement of equipment for handling and placement of piping and supplies, but only as may be necessary, and in no case shall the Contractor permit equipment to become in contact with, or damage existing buildings or other permanent lot improvements. It is further understood that the Contractor shall be required by the City to restore all areas of the lot, relative to fencing, structures, and other improvements to pre- existing conditions, or better. The above granted permission shall expire and further activities limited to the permanent utility easement of record upon final acceptance by the City of the Contractor's work. Permission and access granted this, the day of , 2011. PAUL WAGNER ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared PAUL WAGNER, known to me or proved to me through (description of identity card or other document), to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2011. NOTARY SEAL Notary Public, State of Texas Notary's Name (Printed) Notary's Commission Expires AFTER EXECUTION BY OWNER, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE c/o Public Works Department 1400 Main Street, Suite 230 Southlake, Texas 76092 Phone: 817- 748 -8089 PARCEL NO. 21 Fax: 817 - 748 -8077 Electronically Recorded Tarrant County Texas Official Public Records 2 /24/2012 2:30 PM D212046118 t3•l l PGS 4 $28.00 V 7 U Mary Louise Garcia Submitter: SIMPLIFILE eTC 1 1- oaogsj CITY OF SOUTHLAKE SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, Paul Wagner, 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: a 0.218 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No.205141692, 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 Grantor hereby reserves and retains for itself, its legal representatives, successors and assigns forever, all of Grantor's interest in the oil, gas, and other minerals in and under and that may be produced from the Property (collectively, the "Oil and Gas "); provided, however, not included within the definition of Oil and Gas are minerals that form a part of the soil or surface such as sand, iron ore, gravel, uranium or limestone. Grantor waives and relinquishes any right to use of the surface of the Property for any reason, including without limitation, the right to enter upon the Property for the exploration and /or removal of such Oil and Gas, and . the right to place or maintain any structures, improvements, equipment or pipelines in, on, under or across the Property or to install any fixtures or facilities on the surface of the Property. Notwithstanding the foregoing, such surface use waiver does not prohibit subterranean underground directional drilling activities under the Property that begin upon and are conducted from the surface of real property other than the Property, provided that such drilling activities at all times are sufficiently below the surface of the Property as to not interfere with or disturb in any manner the present or future use to which Grantee or Grantee's successors and assigns may desire to devote the Property; provided, however, in no event shall the directional drilling or sub - surface activities be at depths less than five hundred (500) feet below the overlying surface of the Property. Grantor, and Grantor's successors and assigns, shall be responsible for any damages to the Property and any improvements from time to time located on the Property caused by Grantor's reservation of such minerals. TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the said conveyed property and rights granted herein unto Grantee, its successors and assigns every person whomsoever lawfully claiming or to claim the same or any part thereof by and through Grantor, but not otherwise. WITNESS MY HAND, this the Zy day of Fag. , 201 ,,, SELLER: Ir agner • Still Point Lane ' olleyville, Texas 76034 • ACKNOWLEDGMENTS • STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority in and for the State of Texas, on this day personally appeared Paul Wagner, knoy✓n to me (or proved to me on the oath of _or through9,rNtX- [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 , 2C1 t 1 Note ublic in and for The S of Texas My Commission Expires: Typed or Printed Name of Notary a — GAYLE GIEBELS /�U C") Notary Public 1 \ STATE OF TEXAS T � "tf�� ~y My COmm• @xp.04H312095 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 21 BEING 0218 acre of and located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No. 205141692, of the Deed Records of Tarrant County, Texas. Said 0.218 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a ' /z" iron rod found at the Southeast corner of the tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141696 of the Deed Records of Tarrant County, Texas, and the Northeast corner of Lot 23, F. Throop No. 1511 Addition, an addition to the City of Southlake by the plat recorded in Cabinet A, Slide 11643 of the Plat 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 S 89° 56' 23" W 28.24 feet, along the South boundary line of said Wagner Tract and the North boundary line of Lot 23, to a 1 /2" iron rod marked "Brittain & Crawford ", set in the new West right -of -way line of said North Kimball Avenue; THENCE N 00° 49' 31" W 338.08 feet, along the new West right -of -way line of said North Kimball Avenue, to a Y" iron rod marked " Brittain & Crawford ", set in the North boundary line of said Wagner Tract and the South boundary line of a 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; THENCE S 89" 53' 15" E 27.97 feet, along the North boundary line of said Wagner Tract and the South boundary line of said Ward Tract, to a 5/8" iron rod found in the existing West right -of -way line of North Kimball Avenue; THENCE S 00° 52' 15" E 338.00 feet, along the East boundary line of said Wagner Tracts and the West right -of -way line of North Kimball Avenue, to the POINT OF BEGINNING containing 0.218 acre (9,499 square feet) of land. G.d oclk imba II -lega Is',,prow21 DONNIE W. WARD AND WF1E, LEIGH ANN WARD VOL. 8735, PG. 1350, D.R.T.C.T. 1 S 89°53'15"E 1 4, 27.97 —� /�,> IROM FiOD FOUND - _ Q BARBED WIRE FENCE M II ° e. - I. ,c�- 1 /2" IRS- , PAUL WAGNER CC No. 205141692 t D.R.T.C.T. I PERMANENT RIGHT-OF--WAY I 1 I 0.218 ACRE /9499 SQ.FT. ''_? °o o O , , 00 S z 00 9 -- -- -- M 3 ¢ t 0 1 a 1 ( i ° J z 1 *- . Z t f) W 1 0` 11 40 > +° W , z N I Q o' ZtI.: O ' ¢ ' N tr, J I ��,� 1< o 1 0 - ' ° W W Q a a Q m 1 I J N 0 • Z cr S" Lc � Z 1 1 U t-- et I 1 0 Z 1/2' IR 1 LOT 23, F. THROOP NO. 1511 ( I POINT OF BEGINNING ADDITION, CAB. A. SLIDE 11643 S 89°56'23" W , �' 1/2" IRON ROD FOUND P.R.T.C.T. 28.24' 1 f \\ 1 SURVEYED ON THE GROUND MAY 26, 2010 , � , 1 rni JAMES L 9RITTAIN ' I tPdktA L L `' UL � t . \1 ,- 1 1674s/4-; JAMES L BRIT TAIN \! 9'l °f'tssl� 4,9 v REGISTERED PROFESSIONAL O SUR' PROPERTY CORNER NOTE OF LAND � A. STATE q NO. 1674 �f ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1 /2 "IRS) WITH CAP MARKED "BRITTAIN it CRAWFORD" G O SOUTHEA 1400 MAIN STREET, SOUTHLAKE TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" 1 rrrAm &CRAWFORD PERMANENT RIGHT —OF —WAY B Y LAND SURVEYING a 0.218 ACRE OF LAND g ro - 0c °1 - 1∎47 �°' MA ° 417) 4E9-511; LOCATED IN THE .�� .. " "`° "` "° "' FRANCIS THROOP SURVEY ° 4 1, ^ P.O. BOX k N. 4 3W° °WARN 1 1 F°RT ATM, TEXAS 74110 ABSTRACT No. 1511 EMAIL: •414040brittatn—aawh SOUTHLAKE, TARRANT COUNTY, \KIMEAII\,_t0W21\ TEXAS - SCALE 1 "= 60' 1\TH February 29, 2012 The City of Southlake 1400 Main Street, Suite 320 Southlake, TX 76092 Re: RTC GF #: 11 -02085 Property Address: 1480 & 1620 N Kimball Ave Southlake, TX 76092 Dear The 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 ;,f 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 South lake Office 2615 E. Southlake :Blvd., Suite 100 • Southlake, Texas 76092 a .Phone 51.7329.9975 • Fax S 17.481.5058 www.RattikintitIe.confi OWNER'S POLICY OF TITLE INSURANCE (T-1) 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 T1-585474 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 Toss 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; (11) 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 Hen 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: (1) 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 L E /41s B y r Suite 800 0 , ,rs President i Fort Worth, TX 76102 Z r C.) I Countersigned: � ®L ®Re'�p a� �>>b " ��a Attest By: Secretary Authorized Officer or Agent Form ANTTX -T1 Owner's Policy of Title Insurance IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a Para obtener informacion o para someter una complaint: queja: You may call Alliant National Title Ins. Co.'s toll Usted puede Ilamar al numero de telefono gratis free telephone number for information or to make de Alliant National Title Ins. Co. para informacion a complaint at: o para someter una queja al: (877)788 -9800 (877)788 -9800 You may also write to Alliant National Title Ins. Usted tambien puede escriber a Alliant National Co. at: Title Ins. Co.: 2101 Ken Pratt Blvd., Suite 102 2101 Ken Pratt Blvd., Suite 102 Longmont, CO. 80501 Longmont, CO. 80501 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on Seguros de Texas para obtener informacion companies, coverages, rights, or complaints acerca de companias, coberturas, dereturas, at: derechos o quejas al: 1 - 800 - 252 -3439 1- 800 -252 -3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us E -mail: ConsumerProtection @ tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your i tiene una disputa concemiente a su prima o premium or about a claim, you should a un reclamo, debe comunicarse con el contact Alliant National Title Ins. Co. first. If Alliant National Title Ins. Co. primero. Si no the dispute is not resolved, you may then se resuelve la disputa, puede entonces contact the Texas Department of Insurance. comunicarse con el dapartamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does Este aviso es solo para proposito de not become a part or condition of the informacion y no se convierte en parte o attached document. 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: Alliant National Title Ins. Co. 2101 Ken Pratt Blvd., Suite 102 Longmont, CO. 80501 File Number: 11 -02085 Policy Number: 585474 Address for Reference only: 1480 & 1620 N Kimball Ave Southlake, TX 76092 Amount of Insurance: $ 129,444.00 Date of Policy: February 24, 2012 Premium: $1,000.00 1. Name of Insured: The 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 utility, drainage and wall as created by that certain Permanent Utility, Drainage and Wall Easement dated February 24, 2012, by and between PAUL WAGNER and the CITY OF SOUTHLAKE, filed for record under Clerk's File No. D212046119, Deed Records of Tarrant County, Texas. 3. Title to the estate or interest in the land is insured as vested in: The City of Southlake 4. The land referred to in this policy is described as follows: TRACT 1: A tract of land out of the FRANCIS THROOP SURVEY, Abstract No. 1511, in the City of Southlake, Tarrant County, Texas; and being more particularly described by metes and bounds on Exhibit "A" attached hereto for all purposes. TRACT 2: Non - Exclusive Easement Estate for utility, drainage and wall as created by that certain Permanent Utility, Drainage and Wall Easement dated February 24, 2012, by and between PAUL WAGNER and the CITY OF SOUTHLAKE, filed for record under Clerk's File No. D212046119, Deed Records of Tarrant County, Texas. FORM T -1: Owner's Policy of Title Insurance Schedule A (11- 02085.PFD/11- 02085/50) Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS 't'C..+ I EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 21 BEING 0.218 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No. 205141692, of the Deed Records of Tarrant County, Texas. Said 0.218 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a ' /Z" iron rod found at the Southeast corner of the tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141696 of the Deed Records of Tarrant County, Texas, and the Northeast corner of Lot 23, F. Throop No. 1511 Addition, an addition to the City of Southlake by the plat recorded in Cabinet A, Slide 11643 of the Plat Records of Tarrant County, Texas, and said POINT OF BEGINNING also Tying in the existing West right -of -way line of North Kimball Avenue; THENCE S 89° 56' 23" W 28.24 feet, along the South boundary line of said Wagner Tract and the North boundary line of Lot 23, to a 1 /Z° iron rod marked "Brittain & Crawford ", set in the new West right -of -way line of said North Kimball Avenue; THENCE N 00° 49' 31" W 338.08 feet, along the new West right -of -way line of said North Kimball Avenue, to a 1 /2" iron rod marked "Brittain & Crawford ", set in the North boundary line of said Wagner Tract and the South boundary line of a 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; THENCE S 89° 53' 15" E 27.97 feet, along the North boundary line of said Wagner Tract and the South boundary line of said Ward Tract, to a 5/8" iron rod found in the existing West right -of -way line of North Kimball Avenue; THENCE S 00° 52' 15" E 338.00 feet, along the East boundary line of said Wagner Tracts and the West right -of -way line of North Kimball Avenue, to the POINT OF BEGINNING containing 0.218 acre (9,499 square feet) of land. G:d oclkimba l l-lega lslprow2l EXHIBIT "A" LEGAL DESCRIPTION PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 21 BEING 0.078 acre of and located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No. 205141692, of the Deed Records of Tarrant County, Texas. Said 0.078 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a %" iron rod marked "Brittain & Crawford", set in the South boundary line of a tract of and conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141696 of the Deed Records of Tarrant County, Texas, and lying 5 89° 56' 23" W 28.24 feet, from a W iron rod found marking the Southeast comer of the tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141696 of the Deed Records of Tarrant County, Texas, and said POINT OF BEGINNING also lying in the new West right -of -way line of North Kimball Avenue; THENCE S 89° 56' 23" W 10.00 feet, along the South boundary line of said Wagner Tract, to a point; THENCE N 00° 49' 31" W 338.11 feet, to a point in the North boundary line of said Wagner Tract; THENCE S 89° 53' 15" E 10.00 feet, along the North boundary line of said Wagner Tract, to a 1 /2» iron rod marked "Brittain & Crawford ", set in the new West right -of -way line of North Kimball Avenue; THENCE S 00° 49' 31" E 338.08 feet, along the new West right -of -way line of North Kimball Avenue, to the POINT OF BEGINNING containing 0.078 acre (3,381 square feet) of land. Gdoc?kbnbal{- IegalslES -29 ALLIANT NATIONAL TITLE INS. CO. SCHEDULE B File No.: 11 -02085 Policy No.: 585474 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A and the following matters: 1 . - - - _ - " -- - - - - - -- _ - - - This Item is hereby deleted. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities. a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2012, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception.) a. 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. b. Rights of parties in possession. c. Any consequences arising from underground storage tanks and related facilities being or having been located on the property. d. Easement for electric transmission or distribution lines recorded in Volume 2063, Page 350, Deed Records of Tarrant County, Texas, as affected by instrument(s) recorded in Volume 10062, Page 2147, Deed Records of Tarrant County, Texas. FORM T -1: Owner's Policy of Title Insurance Schedule B (11- 02085.PFD/11- 02085/50) Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS SCHEDULE B (Continued) File No.: 11 -02085 Policy No.: 585474 e. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in Volume 7849, Page 751, Deed Records of Tarrant County, Texas, as affected by instrument(s) recorded in Volume 10062, Page 2147, Deed Records of Tarrant County, Texas. f. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in Volume 7748, Page 1336, Deed Records of Tarrant County, Texas, as affected by instrument(s) recorded in Volume 10062, Page 2147, Deed Records of Tarrant County, Texas. g. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated August 21, 2008, filed for record under Clerk's File No. D208417837, Deed Records of Tarrant County, Texas. Title to said Lease has not been checked subsequent to the date of recording of the said Memorandum. h. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated August 21, 2008, filed for record under Clerk's File No. D208390735, Deed Records of Tarrant County, Texas. Title to said Lease has not been checked subsequent to the date of recording of the said Memorandum. i. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated September 20, 2005, filed for record under Clerk's File No. D209116097, Deed Records of Tarrant County, Texas. Title to said Lease has not been checked subsequent to the date of recording of the said Memorandum. j. Interest in all oil, gas, and other minerals as reserved in deed filed for record under Clerk's File No. 0212046118, Deed Records of Tarrant County, Texas. Title to said mineral interest has not been checked subsequent to the date of recording of the referenced instrument. FORM T -1: Owner's Policy of Title Insurance Schedule B (11- 02085.PFD/11- 02085/50) Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS A LLIANT�►TIONAL TITLE INSURANCE COMPANY EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) My governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. CONDITIONS 1. DEFINITION OF TERMS (f) "Knowledge" or "Known ": actual knowledge, not The following terms when used in this policy mean: constructive knowledge or notice that may be imputed to an Insured (a) "Amount of insurance ": the amount stated in Schedule A, by reason of the Public Records or any other records that impart as may be increased or decreased by endorsement to this policy, constructive notice of matters affecting the Title. increased by Section 8(b), or decreased by Sections 10 and 11 of (g) "Land": the land described in Schedule A, and these Conditions. affixed improvements that by law constitute real property. The (b) "Date of Policy ": The date designated as "Date of Policy" term "Land" does not include any property beyond the lines of the in Schedule A. area described in Schedule A, nor any right, title, interest, estate or (c) "Entity": A corporation, partnership, trust, limited liability easement in abutting streets, roads, avenues, alleys, lanes, ways or company or other similar legal entity. waterways, but this does not modify or limit the extent that a right of (d) "Insured ": the Insured named in Schedule A. access to and from the Land is insured by this policy. (i) The term "Insured" also includes: (h) "Mortgage ": mortgage, deed of trust, trust deed, (A) successors to the Title of the Insured by operation or other security instrument, including one evidenced by electronic of law as distinguished from purchase, including heirs, devisees, means authorized by law. survivors, personal representatives or next of kin; (i) "Public Records": records established under state (B) successors to an Insured by dissolution, merger, statutes at Date of Policy for the purpose of imparting constructive consolidation, distribution or reorganization; notice of matters relating to real property to purchasers for value (C) successors to an Insured by its conversion to and without Knowledge. With respect to Covered Risk 5(d), "Public another kind of Entity; Records" shall also include environmental protection liens filed in (D) a grantee of an Insured under a deed delivered the records of the clerk of the United States District Court for the without payment of actual valuable consideration conveying the district where the Land is located. Title; (j) "Title ": the estate or interest described in (1) If the stock, shares, memberships, or other Schedule A. equity interests of the grantee are wholly -owned by the named (k) "Unmarketable Title ": Title affected by an alleged Insured, or apparent matter that would permit a prospective purchaser or (2) If the grantee wholly owns the named Insured, lessee of the Title or lender on the Title to be released from the (3) If the grantee is wholly -owned by an affiliated obligation to purchase, lease or lend if there is a contractual condition Entity of the named Insured, provided the affiliated Entity and the requiring the delivery of marketable title. named Insured are both wholly -owned by the same person or Entity, 2. CONTINUATION OF INSURANCE. or The coverage of this policy shall continue in force as of Date of (4) If the grantee is a trustee or beneficiary of Policy in favor of an Insured, but only so long as the Insured retains a trust created by a written instrument established by the Insured an estate or interest in the Land, or holds an obligation secured named in Schedule A for estate planning purposes. by a purchase money Mortgage given by a purchaser from the (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights Insured, or only so long as the Insured shall have liability by reason and defenses as to any successor that the Company would have of warranties in any transfer or conveyance of the Title. This policy had against any predecessor Insured. shall not continue in force in favor of any purchaser from the Insured (e) "Insured Claimant': an Insured claiming loss or of either (i) an estate or interest in the Land, or (11) an obligation damage. secured by a purchase money Mortgage given to the Insured. Form ANTTX -T1 Owner's Policy of Title Insurance CONDITIONS (continued) 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED defense as required or permitted by this policy, the Company may CLAIMANT. pursue the litigation to a final determination by a court of competent The Insured shall notify the Company promptly in writing (1) jurisdiction and it expressly reserves the right, in its sole discretion, in case of any litigation as set forth in Section 5 (a) below, or (ii) in to appeal from any adverse judgment or order. case Knowledge shall come to an Insured hereunder of any claim 6. DUTY OF INSURED CLAIMANT TO COOPERATE. of title or interest that is adverse to the Title, as insured, and that (a) In all cases where this policy permits or requires the Company might cause loss or damage for which the Company may be liable to prosecute or provide for the defense of any action or proceeding by virtue of this policy. if the Company is prejudiced by the failure and any appeals, the Insured shall secure to the Company the right of the Insured Claimant to provide prompt notice, the Company's to so prosecute or provide defense in the action or proceeding, liability to the Insured Claimant under the policy shall be reduced to including the right to use, at its option, the name of the Insured for the extent of the prejudice. this purpose. Whenever requested by the Company, the Insured, When, after the Date of the Policy, the Insured notifies the at the Company's expense, shall give the Company all reasonable Company as required herein of a lien, encumbrance, adverse claim aid (1) in securing evidence, obtaining witnesses, prosecuting or or other defect in Title insured by this policy that is not excluded defending the action or proceeding, or effecting settlement, and (ii) or excepted from the coverage of this policy, the Company shall in any other lawful act that in the opinion of the Company may be promptly investigate the charge to determine whether the lien, necessary or desirable to establish the Title or any other matter as encumbrance, adverse claim or defect or other matter is valid and insured. If the Company is prejudiced by the failure of the Insured not barred by law or statute. The Company shall notify the Insured to furnish the required cooperation, the Company's obligations to in writing, within a reasonable time, of its determination as to the the Insured under the policy shall terminate, including any liability validity or invalidity of the Insured's claim or charge under the policy. or obligation to defend, prosecute, or continue any litigation, with If the Company concludes that the lien, encumbrance, adverse claim regard to the matter or matters requiring such cooperation. or defect is not covered by this policy, or was otherwise addressed (b) The Company may reasonably require the Insured in the dosing of the transaction in connection with which this policy Claimant to submit to examination under oath by any authorized was issued, the Company shall specifically advise the Insured of representative of the Company and to produce for examination, the reasons for its determination. If the Company concludes that the inspection and copying, at such reasonable times and places lien, encumbrance, adverse claim or defect is valid, the Company as may be designated by the authorized representative of the shall take one of the following actions: (i) institute the necessary Company, all records, in whatever medium maintained, including proceedings to clear the Lien, encumbrance, adverse claim or defect books, ledgers, checks, memoranda, correspondence, reports, from the Title as insured; (ii) indemnify the Insured as provided in e- mails, disks, tapes, and videos whether bearing a date before this policy; (iii) upon payment of appropriate premium and charges or after Date of Policy, that reasonably pertain to the loss or therefor, issue to the Insured Claimant or to a subsequent owner, damage. Further, if requested by any authorized representative loan/lender or holder of the estate or interest in the Land insured of the Company, the Insured Claimant shall grant its permission, by this policy, a policy of title insurance without exception for the in writing, for any authorized representative of the Company to lien, encumbrance, adverse claim or defect, said policy to be in an examine, inspect and copy all of these records in the custody amount equal to the current value of the Land or, if a loan/lender or control of a third party that reasonably pertain to the loss or policy, the amount of the loan; (iv) indemnify another title insurance damage. All information designated as confidential by the Insured company in connection with its issuance of a policy(ies) of title Claimant provided to the Company pursuant to this Section shall insurance without exception for the lien, encumbrance, adverse not be disclosed to others unless, in the reasonable judgment of claim or defect; (v) secure a release or other document discharging the Company, it is necessary in the administration of the claim. the lien, encumbrance, adverse claim or defect; or (vi) undertake a Failure of the Insured Claimant to submit for examination under combination of (i) through (v) herein. oath, produce any reasonably requested information or grant 4. PROOF OF LOSS. permission to secure reasonably necessary information from In the event the Company is unable to determine the amount of third parties as required in this subsection, unless prohibited by toss ordamage, the company may, at lts option, require as acondition law or govemmental regulation, shall terminate any liability of the of payment that the Insured Claimant furnish a signed proof of loss. Company under this policy as to that claim. The proof of loss must describe the defect, lien, encumbrance or 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; other matter insured against by this policy that constitutes the basis TERMINATION OF LIABILITY. of loss or damage and shalt state, to the extent possible, the basis In case of a claim under this policy, the Company shall have the of calculating the amount of the loss or damage. following additional options: 5. DEFENSE AND PROSECUTION OF ACTIONS. (a) To Pay or Tender Payment of the Amount of Insurance. (a) Upon written request by the Insured, and subject to the To pay or tender payment of the Amount of Insurance under this options contained in Sections 3 and 7 of these Conditions, the policy together with any costs, attorneys' fees and expenses Company, at its own cost and without unreasonable delay, shall incurred by the Insured Claimant that were authorized by the provide for the defense of an Insured in litigation in which any third Company up to the time of payment or tender of payment and party asserts a claim covered by this policy adverse to the Insured. that the Company is obligated to pay. Upon the exercise by the This obligation is limited to only those stated causes of action Company of this option, all liability and obligations of the Company alleging matters insured against by this policy. The Company shall to the Insured under this policy, other than to make the payment have the right to select counsel of its choice (subject to the right required in this subsection, shall terminate, including any liability of the Insured to object for reasonable cause) to represent the or obligation to defend, prosecute, or continue any litigation. Insured as to those stated causes of action. It shall not be liable for (b) To Pay or Otherwise Settle With Parties Other than the and will not pay the fees of any other counsel. The Company will Insured or With the Insured Claimant. (1) to pay or otherwise settle not pay any fees, costs or expenses incurred by the Insured in the with other parties for or in the name of an Insured Claimant any defense of those causes of action that allege matters not insured claim insured against under this policy. In addition, the Company against by this policy. will pay any costs, attorneys' fees and expenses incurred by the (b) The Company shall have the right, in addition to the Insured Claimant that were authorized by the Company up to the options contained in Sections 3 and 7, at its own cost, to institute time of payment and that the Company is obligated to pay; or (ii) and prosecute any action or proceeding or to do any other act that to pay or otherwise settle with the Insured Claimant the loss or in its opinion may be necessary or desirable to establish the Title, damage provided for under this policy, together with any costs, as insured, or to prevent or reduce loss or damage to the Insured. attorneys' fees and expenses incurred by the Insured Claimant The Company may take any appropriate action under the terms that were authorized by the Company up to the time of payment of this policy, whether or not it shall be liable to the Insured. The and that the Company is obligated to pay. Upon the exercise by the exercise of these rights shall not be an admission of liability or Company of either of the options provided for in subsections (b)(i) waiver of any provision of this policy. If the Company exercises its or (ii), the Company's obligations to the Insured under this policy rights under this subsection, it must do so diligently. for the claimed loss or damage, other than the payments required (c) Whenever the Company brings an action or asserts a to be made, shall terminate, including any liability or obligation to Form ANYfX -T1 Owner's Policy of Title Insurance CONDITIONS (continued) defend, prosecute or continue any litigation. bonds, notwithstanding any terms or conditions contained in those 8. DETERMINATION AND EXTENT OF LIABILITY. instruments that address subrogation rights. This policy is a contract of indemnity against actual monetary 14. ARBITRATION. loss or damage sustained or incurred by the Insured Claimant who Either the Company or the Insured may demand that the claim has suffered loss or damage by reason of matters insured against or controversy shaft be submitted to arbitration pursuant to the Title by this policy. Insurance Arbitration Rules of the American Land Title Association (a) The extent of liability of the Company for loss or damage ( "Rules "). Except as provided in the Rules, there shall be no joinder under this policy shall not exceed the lesser of: or consolidation with claims or controversies of other persons. (1) the Amount of Insurance; or Arbitrable matters may include, but are not limited to, any controversy (ii) the difference between the value of the Title as or claim between the Company and the Insured arising out of or insured and the value of the Title subject to the risk insured against relating to this policy, any service in connection with its issuance or by this policy. the breach of a policy provision, or to any other controversy or claim (b) If the Company pursues its rights under Section 3 or 5 and arising out of the transaction giving rise to this policy. AU arbitrable is unsuccessful in establishing the Title, as insured, matters when the Amount of Insurance is $2,000,000 or less shall be (i) the Amount of Insurance shall be increased by 10 %, arbitrated at the option of either the Company or the Insured, unless and the Insured is an individual person (as distinguished from an Entity). (11) the Insured Claimant shall have the right to have the All arbitrable matters when the Amount of Insurance is in excess loss or damage determined either as of the date the claim was made of $2,000,000 shall be arbitrated only when agreed to by both the by the Insured Claimant or as of the date it is settled and paid. Company and the Insured. Arbitration pursuant to this policy and (c) In addition to the extent of liability under (a) and (b), the under the Rules shall be binding upon the parties. Judgment upon Company will also pay those costs, attorneys' fees and expenses the award rendered by the Arbitrator(s) may be entered in any court incurred in accordance with Sections 5 and 7 of these Conditions. of competen T S. LIMITATION OF LIABILITY. UMITED TO THIS POLICY; POLICY ENTIRE (a) If the Company establishes the Title, or removes the CONTRACT alleged defect, lien or encumbrance, or cures the lack of a right (a) This policy together with all endorsements, if any, attached of access to or from the Land, all as insured, or takes action in to it by the Company is the entire policy and contract between the accordance with Section 3 or 7, in a reasonably diligent manner by Insured and the Company. In interpreting any provision of this policy, any method, including litigation and the completion of any appeals, this policy shall be construed as a whole. it shall have fully performed its obligations with respect to that (b) Any claim of toss or damage that arises out of the status matter and shall not be liable for any loss or damage caused to the of the Title or by any action asserting such claim, shall be restricted Insured. to this policy. (b) In the event of any litigation, including litigation by the (c) Any amendment of or endorsement to this policy must be Company or with the Company's consent, the Company shall in writing and authenticated by an authorized person, or expressly have no liability for loss or damage until there has been a final incorporated by Schedule A of this policy. determination by a court of competent jurisdiction, and disposition (d) Each endorsement to this policy issued at any time of all appeals, adverse to the Title, as insured. is made a part of this policy and is subject to all of its terms and (c) The Company shall not be liable for loss or damage to the provisions. Except as the endorsement expressly states, it does not Insured for liability voluntarily assumed by the Insured in settling any (1) modify any of the terms and provisions of the policy, (ii) modify claim or suit without the prior written consent of the Company. any prior endorsement, (iii) extend the Date of Policy or (iv) increase 10. REDUCTION OF INSURANCE; REDUCTION OR the Amount of Insurance. Each Commitment, endorsement or other TERMINATION OF LIABILTY. form, or provision in the Schedules to this policy that refers to a All payments under this policy, except payments made for term defined in Section 1 of the Conditions shall be deemed to costs, attorneys' fees and expenses, shall reduce the Amount of refer to the term regardless of whether the term is capitalized in Insurance by the amount of the payment. the Commitment, endorsement or other form, or Schedule. Each 11. UABIUTY NONCUMULATIVE. Commitment, endorsement or other form, or provision in the The Amount of Insurance shall be reduced by any amount Schedules that refers to the Conditions and Stipulations shall be the Company pays under any policy insuring a Mortgage to which deemed to refer to the Conditions of this policy. exception is taken in Schedule B or to which the Insured has agreed, 16. SEVERABILITY. assumed, or taken subject or which is executed by an insured after In the event any provision of this policy, in whole or in part, Date of Policy and which is a charge or lien on the Title, and the is held invalid or unenforceable under applicable law, the policy amount so paid shall be deemed a payment to the Insured under shall be be deemed invalid and all ft to include that provision hall remain i fc and this policy. 12. PAYMENT OF LOSS. effect. When liability and the extent of loss or damage have been 17. CHOICE OF LAW; FORUM. definitely fixed in accordance with these Conditions, the payment (a) Choice of Law: The Insured acknowledges the Company shall be made within 30 days. has underwritten the risks covered by this policy and determined the 13. RIGHTS OF RECOVERY UPON PAYMENT OR premium charged therefor in reliance upon the law affecting interests SETTLEMENT. in real property and applicable to the interpretation, rights, remedies (a) Whenever the Company shall have settled and paid a claim or enforcement of policies of title insurance of the jurisdiction where under this policy, it shall be subrogated and entitled to the rights of the Land is located. Therefore, the court or an arbitrator shall apply the Insured Claimant in the Title and all other rights and remedies the law of the jurisdiction where the Land is located to determine the in respect to the claim that the Insured Claimant has against any validity of claims against the Title that are adverse to the insured, person or property, to the extent of the amount of any loss, costs, and in interpreting and enforcing the terms of this policy. In neither attorneys' fees and expenses paid by the Company. If requested case shall the court or arbitrator apply its conflicts of taws principles by the Company, the Insured Claimant shall execute documents to to determine the applicable law. evidence the transfer to the Company of these rights and remedies. (b) Choice of Forum: Any litigation or other proceeding brought The Insured Claimant shall permit the Company to sue, compromise by the Insured against the Company must be filed only in a state or or settle in the name of thelnsured Claimant and to use the name of federal court within the United States of America or its territories the Insured Claimant in any transaction or litigation involving these having appropriate jurisdiction. rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer 18. NOTICES, WHERE SENT. the exercise of its right to recover until after the Insured Claimant Any notice of claim and any other notice or statement in writing shall have recovered its loss. required to be given the Company under this Policy must be given to the (b) The Company's right of subrogation includes the rights of Company at 2101 Ken Pratt Blvd., #102, Longmont, Colorado 80501. the Insured to indemnities, guaranties, other policies of insurance or Form ANI "I X-T1 Owner's Policy of Title insurance / >; C 0 0 0 ) .....° >. >... a) t3 C E c .... c ..o c o c a) E c Oz co ..... 1-4 ct9 Cl a) 2 S 74 ?I. T. • N 2 * L'' .8 .o 2 c .t• z co = = en _c F -2 c0 o' E Iii 2 ,,,w ' c > co 8 — _co 0 0 1— E . 0 7 8E.2o 2 5 = o m - o "Fti >-. ,,,- 0 T3 6 .g '- t t -o z as .5 o Z Z ,., co a) > > a ) 2 LI 11 = al CC$ CD 0 Z 0 0 0 N = M C F R C D. " i 4 — ". F • : tS 0 --,-- s — = 0 0 .' 'Q cv 0 -i co 5 co 2 / CU 8 ,-. 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Im.' 0 arm smw z MIMI epoi 4 4 ,— Electronically Recorded Tarrant County Texas Official Public Records 2/24/2012 2:30 PM D212046118 PGS 4 $28.00 91fu�t Y7LtA t r4,, Mary Louise Garcia Submitter: SIMPLIFILE tie 1 1 -Oa0gSe6 CITY OF SOUTHLAKE +Jv SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, Paul Wagner, 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 .o f.T arrantCounly .,..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: a 0.218 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a .portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No.205141692, 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 Grantor hereby reserves and retains for itself, its legal representatives, successors and assigns forever, all of Grantor's interest in the ail, gas, and other minerals in and under and that may be produced from the Property (collectively, the "Oil and Gas "); provided, however, not included within the definition of Oil and Gas are minerals that form a part of the soil or surface such as sand, iron ore, gravel, uranium or limestone. Grantor waives and relinquishes any right to use of the surface of the. Property for any reason, including without limitation, the right to enter upon the Property for the exploration and /or removal of such Oil and Gas, and the right to place or maintain any structures, improvements, equipment or pipelines in, on, under or across the Property or to install any fixtures or facilities on the surface of the Property. Notwithstanding the foregoing, such surface use • waiver does not prohibit subterranean underground directional drilling activities under the Property that begin upon and are conducted from the surface of real property other than the Property, provided that such drilling activities at all times are sufficiently beloww the surface.of the Property as to not interfere with or disturb in any manner the present or future use to which Grantee or Grantee's successors and assigns may desire to devote the Property; provided, however, in no event shall the directional drilling or sub - surface activities be at depths less than five hundred (500) .feet below the overlying surface of the Property. Grantor, and Grantor's successors and assigns, shall be responsible for any damages to the Property and any improvements :from time to time .located on the Property caused by Grantor's reservation of such minerals. • TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant. and forever defend the said conveyed property and rights . granted herein unto Grantee, its successors and assigns every person whomsoever lawfully claiming or to claim the same or any part thereof by and through Grantor, but not otherwise, WITNESS MY HAND, this the z day of �4 , 2012. SELLER: P agner • 23 Sti11 Point Lane olleyville, Texas 76034 • This document has been electronically recorded by Rattikin Title Company ETC. 1 l-MO'555 CITY OF SOUTHLAKE Date recorded ,p`(. 4122/__ SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, Paul Wagner, 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: a 0.218 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No.205141692. 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 Grantor hereby reserves and retains for itself, its legal representatives, successors and assigns forever, all of Grantor's interest in the oil, gas, and other minerals in and under and that may be produced from the Property (collectively, the "Oil and Gas "); provided, however, not included within the definition of Oil and Gas are minerals that form a part of the soil or surface such as sand, iron ore, gravel, uranium or limestone. Grantor waives and relinquishes any right to use of the surface of the Property for any reason, including without limitation, the right to enter upon the Property for the exploration and /or removal of such Oil and Gas, and the right to place or maintain any structures, improvements, equipment or pipelines in, on, under or across the Property or to install any fixtures or facilities on the surface of the Property. Notwithstanding the foregoing, such surface use waiver does not prohibit subterranean underground directional drilling activities under the Property that begin upon and are conducted from the surface of real property other than the Property, provided that such drilling activities at all times are sufficiently below the surface of the Property as to not interfere with or disturb in any manner the present or future use to which Grantee or Grantee's successors and assigns may desire to devote the Property; provided, however, in no event shall the directional drilling or sub - surface activities be at depths less than five hundred (500) feet below the overlying surface of the Property. Grantor, and Grantor's successors and assigns, shall be responsible for any damages to the Property and any improvements from time to time located on the Property caused by Grantor's reservation of such minerals. TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the said conveyed property and rights granted herein unto Grantee, its successors and assigns every person whomsoever lawfully claiming or to claim the same or any part thereof by and through Grantor, but not otherwise. WITNESS MY HAND, this the 2 day o f ( n o . , 2012., SELLER;, Pad agner ( ) • 23 Still Point Lane t alleyville, Texas 76034 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF TARRANT § Before me, the undersigned authority in and for the State of Texas, on this day personally appeared Paul Wagner, knoyvn to me (or proved to me on the oath of or through (fir iV CN - r . [description of identity card or other document]) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 7 day of ' , 201 c oe- Notarublic in and for The State of Texas My Commission Expires: Typed or Printed Name of Notary EXHIBIT "A" LEGAL DESCRIPTION PERMANENT RIGHT -OF -WAY NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 21 BEING 0.218 acre of land located in the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141696 and No. 205141692, of the Deed Records of Tarrant County, Texas. Said 0.218 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 1 4" iron rod found at the Southeast comer of the tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141696 of the Deed Records of Tarrant County, Texas, and the Northeast comer of Lot 23, F. Throop No. 1511 Addition, an addition to the City of Southlake by the plat recorded in Cabinet A, Slide 11643 of the Plat 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 S 89° 56' 23" W 28.24 feet, along the South boundary line of said Wagner Tract and the North boundary line of Lot 23, to a 1 /2" iron rod marked "Brittain & Crawford ", set in the new West right -of -way line of said North Kimball Avenue; THENCE N 00° 49' 31" W 338.08 feet, along the new West right -of -way line of said North Kimball Avenue, to a 1 /2" iron rod marked "Brittain & Crawford ", set in the North boundary line of said Wagner Tract and the South boundary line of a tract of and 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: THENCE S 89° 53' 15" E 27.97 feet, along the North boundary line of said Wagner Tract and the South boundary line of said Ward Tract, to a 5/8" iron rod found in the existing West right -of -way line of North Kimball Avenue; THENCE S 00° 52' 15" E 338.00 feet, along the East boundary line of said Wagner Tracts and the West right -of -way line of North Kimball Avenue, to the POINT OF BEGINNING containing 0.218 acre (9,499 square feet) of land. G: d octk im ba I I -lega Is \.p ro w21 DONNIE W. WARD AND WF1E, LEIGH ANN WARD VOL. 8735, PG. 1350, D.R.T.C.T. i S 89°53'15"E \ SJ 27.97' i " IROM 110D FOUND BARBED WIRE FENCE _ x ` .- 1/2" IRS— 1 PAUL WAGNER CC No. 205141692 D.R.T.C.T. PERMANENT RIGHT —OF —WAY I 0.218 ACRE /9499 SQ,FT. ---- U a 0 w p cCi J 2 Q M r 1 0 O a = 1 : I I W Q Z ao wCO � W g ' I it 1 4 IIL) ® a w .Q I I Nh z m az I Y I C.) H C3 Q: 0 Z 1/2„ IR LOT 23, F. THROOP NO. 1511 POINT OF BEGINNING ADDITION, CAB. A, SLIDE 11643 S 89 °56'23 "W P.R.T.C.T. 28.24' i I / - 1 SURVEYED ON THE GROUND MAY 26, 2010 , �i. OF rf ' yt' V (j JAMES L BRITTAIN > /I 0 / C \ �,, < -11 1 674 p `^Q. I I JAMES L BRITTAIN \ \T.(; .fESSt0 { °' REGISTERED PROFESSIONAL „ SUR',.• PROPERTY CORNER NOTE LAMS SURVEYOR --le, STATE OFF TEXAS NO 1674 ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2 "IRS) WITH CAP MARKED "BRITTAJN & CRAWFORD" } CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B'► BRrrrAni &CRAWFORD PERMANENT RIGHT —OF —WAY LM'O SURVEYING & 0.218 ACRE OF LAND a TOPOGRAPHIC MAPPING y LOCATED IN THE > F817) $2 -0211 - I (8177 428 -5112 FRANCIS THROOP SURVEY — FAX 137 o 3 026-0341 SOUTH P.O. 8 11374 a 5808 S 1 FREESnY ABSTRACT No. 1511 FORT WM7H, TEXAS 78!!0 MAL °"mi" SOUTHLAKE, TARRANT COUNTY, \KIMEAU.4— ROW21\ TEXAS SCALE 1"= 60' Electronically Recorded Tarrant County Texas Official Public Records 2 /24/2012 2:30 PM D212046119 L- dtttu•u1Ycu+ PGS 3 $24.00 Mary Louise Garcia Submitter. SIMPLIFILE e ji uest NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS • COUNTY OF TARRANT THAT, PAUL WAGNER, 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 South lake, 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 and Drainage 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 and Drainage 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 thea4 day of c"'2 , 201k . A GNER STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally • appeared PAUL WAGNER, known to me 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 considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the Li day of , 204 Nota blic in and for The State of Texas Commission Expires: 'GAV GA l'r. GIEBELSTEIN +A ' ' No tary Public * STATE OF TEXAS spa c •, My Corms. Exp. 04413!20 PARCEL NO. 21 G:20101LEGALSUW- KIMBALLAes -21 cover 7C /i'Uao " NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CITY OF SOUTHLAKE PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, PAUL WAGNER, 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 and Drainage 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 and Drainage facilities, and for making connections therewith, in, upon and across that certain tract or parcel of !and in Tarrant County, Texas, being described as follows: EXHIBITS "A" and "B ", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the City of Southlake, its successors and assigns. WITNESS OUR HANDS, this the *1 day of ce1 , 201k l' . PAU WAGNER STATE OF TEXAS ` COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared PAUL WAGNER, known to me 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 considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the () day of -<.J) , 20' '1 Notary pblic in and for The State of Texas Commission Expires: This document has been electronically recorded by Rattikin Title Company Date recorded_ PARCEL NO. 21 Document Number G: 2010 \LEGALS\KH- KIMBALL\es -21 cover ° EXHIBIT i� LEGAL DESCRIPTION PERMANENT UTLITY, DRAINAGE AND WALL EASEMENT NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD PARCEL 21 BEING 0.078 acre of and located in the Francis Throop Suney, Abstract No. 1511, South lake, Tarrant County, Texas, and being a portion of the tracts of land conveyed to Paul Wagner by the deeds recorded in County Clerk's File No. 205141606 and No. 205141692. of the Deed Records of Tarrant County. Texas. Said 0.078 acre of land being more particularly described by metes and bcurids as follows: BEGINNING at a 1 /2" iron rod marked ^8httain & Crawford", set in the South boundary line of a tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 205141686 of the Deed Records of Tarrant Cuun4/. Texas, and lying SJQ~68'23^VV 2824 feet, from o7/2" iron rod found marking the Southeast corner of the tract of land conveyed to Pau Wagner by the deed recorded in County Clerk's File No. 205141696 of the Deed Records ofTarrant County, Texas. and said POINT OF BEGINNING also lying in the new West right-.of-way ine of North KimbaII Avenue: THENCE 889^5O'23^W 10.00 feet, along the South boundary line of said Wagner Tract, to a point; THENCE NOU°4A'31^VV 338.11 feet, to a point in the North boundary line of said Wagner Tract; THENCE SBQ" 53' 15^E 10.00 feet, along the North boundary line of said Wagner Tract, to a 1 /2" iron rod morhed^8rittnin & Crawfond^, set in the new Wes rightof-way line of North Kimball Avenue; THENCE • S 00° 49' 31^E 338.08 feet, along the new West right-of-way line of North Kimball Avenue, to the POINT OF BEGINNING containing D.O7D acre (3.3O1 square feet) ofland. G doe^on*ablenat"'E«-2` ..._., . _ DoNNIE W. WARD AND WIFE, LEIGH ANN WARD 1 I I I I VOL. 3735, FC-. 1350. O.R.T.O.T. ! ' i 5 89c5315E (-* 0.00''--- VT: IRS 1 , I 1---V4" IRON FiDO FOUND Et.S.R IR:: FEICE , 0> .0 ■ t , r"i" 3RCkAE:i ii. WEST ..:;.,) PAUL WAGNER I- •.!Ci-IT-05 LINE CC No. 205141692 i 1 ; D.R.T.C.T. i i ! 10* PERMANENT uvurr, 1 I I DRAINADE AND WALL. EASEMENT , 0.078 ACRE/3,381 SQ.FT. , 1 ....,, ' ..,.., , co i Z i". 0 ' La 1 :f.C.I ....1 •a••■ •"' NI l'41 t X 'N W . ■116 7..... + NI i i aloillit I CM 40 a) nt "It J ' Id 0 0 z V) I I I l ork 0.1 . I ■ , 1 1 , , , , ..s. 6,9'56'2341 I INPC , --1- F OkeIrefLICTIOTL/1 I LASZher.a. 0.o14 3oRE 6.25 Q.F 1 ' / 1 .L —... -- -— '..0- ' 4> i ' 1 t : LOT 23, F. THRCOP NO. 1511 ; j \ '42" IRONI ROD FOUND 4) ,DITION, CAB. A, SLIDE 11643 5 59056=23.w / - N S CORNER O I F P.R.T.C.T. 10.00' i , f I ■ WACKER TRACT / °.-,, i ' ; II:"..D. No. 205141695 I i ! / ----RONT 0/ BEGINNING ..: 1/2" IRON ROD SETi i.,..0 .--.1 I i I I I :al .f. oll : f PROPERTY CORNER NOTE ALL PRTV CORNERS SET ,‘RE 1/2' IRCN RODS - scALE in,. c,c. ',1/29i1S) WITH CAP MARKET', 3Rffl74N & CRAWFCRO" CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SI-I 114 TO DOVE ROAD EXHIBIT "B" • BRITT/kw &CRAWFORD 10 PERMANENT UTILITY, , l;,--v---;> 1/140 SURVEYING et DRAINAGE AND WALL EASEMENT I t--- TCPCGRAFt 010Fluet0 , 1.,,, 4 (1') Z26-M, i - 1/6:710 C 517? - 3ao - a I f2" 0.078 ACRE OF LAND 01.%1A04ES L 0R117.tp, ;WO >t.'11-4047 LOCATED IN THE y i A-54 -• . •■• ZOTRI tIV011 f fU.FWAY ran "WIN, "ZY.AS 7S110 FRANCIS THROOP SURVEY :-...,..,,,,L,..i.w.i........,1/4.:1..... ABSTRACT No. 1511 \Qualu.. \,.E.•,-; SOUTHLAKE, TARRANT COUNTY, TEXAS liu 3'4:-*-7 : 37 : 7 ,fr ". :.: f ' ,.... Electronically Recorded Tarrant County Texas Official Public Records 2/24/2012 2:30 PM D212046120 ,�.f� PGS 2 $20.00 O -! lc - cth t a.t, D,7C i j _tIi s g.ise Garcia Submitter: SIMPLIFILE Z) TEMPORARY CONSTRUCTION EASEMENT . PAUL WAGNER T'0 TfE CI(Y OF SOUT[ti.AKE TARRANT'COuNTy, TEXAS Being the Owner °of the above referenced property. 1 (we) hereby grant to the •City of Southialte, and to the Contractor 8 ter orary construction easement through :a portion of a attptt Off land conveyed to P Wagner by the de r ecord e d . in C ounty C lerk s. r=ile No, 2051411398 of the Deed Records of Tarrant' County, Texas for the po se s of conatrucfi necessary.: roadway faci , The temporary construcfian easement will be adjoining the 1Nesfboundery tine of said permanent Utility, Drainage and WallEasement, as indicated on Exhibit °BF attached hereto.. It is understood that during construction; the Contractor Wilt .Of necessity require the tem • construct1on easement to accommodate n ovement of equip for handling and placement of piping .and supples, but. only as may be necessarjr and in no case shall the Contractor permit equipment to become in contact with or damage existing: buildings :or other permanent let improvements:. It is further understood that the Dentractor 'Shah Contractor ' be required:by the City to restore; all areas of the lot, relahite to teneing .mprovements . to pre - existing. conditions or batter The above granted pe structures, and other i sirmison shall expire end acttuities tiriiited to the permanent utility easement of record upon final acceptance wort. P by ilia City of the Contractors Perm nd access.granted this the aci day of _. ° 00 l? - - P P : 2 - 1 ..111EAL - a .. f - '.(s) (Printed Name) i OWNER(s) (Signature) OWNER(s) •(Printed Name) OWNER(s) (Signature) ACKNOWLEDGEMENT TtiE STATE OF TEXAS • COUNTY OFTARRANT BEFORE. e d authority ` !idler Tarrant County Texas, on this. day personally appeared (ter ' ((„ el P known to me or proved ta: rite: through s � 17r Ver d pt io n of. identity d card or other documen1 # � be. Elie same person whose name is subscribed to the foregoing instrument -and aocnowledged to me • . that helshe executed the carne for the purposes and •Consideration therairi expressed and in the . capacity therein stated: GIVEN UNDER MY HAND AND SEAL OF OFFICE, this D9 day of RI) ... le ° 20 LI NOTARY SEAL .. . N r °Ublic States €Texas • t GAYLe r iSSeL$TEI NotRry Pubsc ,t t STATE OF TEXA' Notary' Nance (P re!, I My Cow . Exp. 04113 /201. 1 • Motary's. Commission Expires . . AFTER EXECUTION BY OWNER; PLEASE . RETURN O RIGINAL TO: CIT of a: cfO Public Works Department. • 1400 tidialif .Street; Suite 23tl Southlake; Texas 76092 Phone: '817 788,489 PARCEL WO. -21 • Fax 8:1 *74$ - 8071 This document has per) electronically _ _, L , , atllkln Title Comp my k r r-odoi53) TEMPORARY CONSTRUCTION EASEMENT Date recorded /_,,& - PAUL WAGNER TO THE CITY OF SOUTHLAKE - ,r TARRANT COUNTY, TEXAS Document Number r.. Being the owner of the above referenced property. I (we) hereby grant to the City of Southiake. and to the Contractor, a temporary construction easement through a portion of a tract of land conveyed to Paul Wagner by the deed recorded in County Clerk's File No. 2051416G6 of the Deed Records of Tarrant County, Texas for the purposes of constructing necessary roadway facilities. The temporary construction easement will be adjoining the West boundary line of said permanent Utility. Drainage and Wall Easement, as indicated on Exhibit "B" attached hereto. It is understood that during construction, the Contractor will of necessity require the temporary construction easement to accommodate movement of equipment for handling and placement of piping and supplies. but only as may be necessary, and to no case shall the Contractor permit equipment to become in contact with, or damage existing buildings or other permanent lot improvements. It is further understood that the Contractor shall be required by the City to restore all areas of the lot, relative to fencing, structures, and other improvements to pre - existing conditions, or better. The above granted permission shall expire and further activities limited to the permanent utility easement of record upon final acceptance by the City of the Contractor's work. JJ PerrnLssiand access grantted this, the day of f /-7 , 2e1 r -' OW ER(s) (Printed Name) I' ) \\ OWNER(s) (Signature.) 0 OWNER(s) (Printed Name) OWNER(s) (Signature) ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF TARRANT BEFORE Nhe undersig -d authority "s and for Tarrant County, Texas, on this day personally appeared i . % :41 , , known to me or proved to me through p ri e r - (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE. this day of J) . 2B1'@7 2i NOTARY SEAL No uu biiicc, State or Texas f � ' Notary's Name (Printed) Notary's Commission Expires AFTER EXECUTION BY OWNER, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE clo Public Works Department 1400 Main Street, Suite 230 Sauthtake.Texas 76092 Phone: 817 -748 -8089 PARCEL NO. 21 Fax: 817 - 748-8077 DONNIE W. WARD AND WIFE, LEIGH ANN WARD j 1 i I VOL 8735, PG. 1350. D.R.T.C.T. I ¢ 81 00' e, 1/2" IRS " 1 1 - Qco TZCNT RFD FOUND $ BARBED WIRE FENCE PROPO " *t NEW WEPT a PAUL WAGNER T-. —WAY UNE CC No. 205141692 D.R.T.C.T. 10* PERMANENT UTILITY. DRAINAGE AND WALL EASEMENT- I I 0.078 ACRE /3,381 SQ.FT. W ; as I Z ,,- © ( la .7r 1 I — W m K') #4) 1 2 ` S ao ; cs Q o ' op C9fh^ O D E— �' I S0I - Z U) 1 C} J ce cl� 0 Flo I F. i ZIA TaiPaRARx N I 9°5s'23'TW EAStU Q. ACRE I $.24' 625 �. 130 LOT 23, F. THROOP NO. 1511 E 1 2" IRON ROD FOUND ADDITION, CAB. A, SUDE 11643 $ 89 °56,23 "W ( / S UTH CORNER OF P.R.T.C.T. 14.00, //l WAGN TRACT E No, 141696 1 1 I �- NT OF BEGINNING 1 i / 1/2" IRON ROD SET Ed t z 1 } J li C$11 PROPERTY CORNER NOTE SCALE 1" 60' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS (1/2 "iRS) WITH CAP MARKED "BRITTANN & CRAWFORD" CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT ►.B}f 6 1111111TAIN & wpo 10 PERMANENT UTILITY, = LAND s. -,,.. & DRAINAGE AND WALL EASEMENT , �°� ,i i• . TOPOGRAPi{IC MAPPING 0.078 4 k OW) BYO -[Bti r WOO <BI71 4263112 - 0 JAMES 1 • JAMES . .078 ACRE OF LAND ' I - S � Pm tia. (ern 1120 1120-1:1347 L lrlVliJ 1 6! s47 LOCATED i N p THE ` 6RIf9AIN P.O. BOX 11 4 . SIM Btr1TH iflEEIYAY TEn GV -42011 4 TOMB 761 i f" "� i 674 ^°'¢ y , FOOT SUM <f ' 2). © V OW: roAbeittain- enemdmd one FRANCIS Tf iROt�P SURVEY • a suR � ABSTRACT Flo, 1511 , r te ' witaao,_Es -21y SOUTHLAKE. TARRANT COUNTY. TEXAS JULY 6, 2010