Malik Estates Addition (Lot 1) - ROWElectronically Recorded
Official Public Records
Tarrant County Texas
1 2/211201 2 8:58 AM D212312318
Mr. Parvez M. Malik and Mrs. Seema Malik, (collectively referred to herein as "Owners')
who reside at 925 Randol Mill Avenue, Southlake, Texas 76092-6840, and the City of Southlae
("City") enter into this agreement.
RECITALS; RTT GF #
Owners individually and/or collectively own certain real property
described in Exhibits A and B, attached hereto and incorporated
herein by reference (referred to herein as "Owners' Property");
2. The City, Tarrant County, and TxDOT are in the process of
acquiring right of way for widening, expanding, and improving
Randol Mill Avenue a/k/a FM 1938, and constructing certain utility
improvements adjacent to such roadway (all of which
improvements are referred to herein as "the Project");
3. A portion of the Project is projected to be constructed upon, over,
and across a portion of the Property, as shown on Exhibits A and B,
attached hereto and incorporated herein by reference;
4. City has determined that it is necessary to obtain property interests
from Owners in those portions of Owners' Property upon, over,
under and across the portions of Owners' Property shown on
Exhibits A and B, specifically, fee title to that portion of Owners'
Property shown in Exhibits A and B (the "Right -of -Way Property");
5. Owners and City have engaged in negotiations with respect to the
consideration to be paid by City for the property interests to be
acquired as described above, but have not been able to obtain lien
releases necessary to transfer clear and marketable title to the
property;
6. It is necessary for City to begin construction of the Project in order
to meet its construction timeline as soon as possible;
The purpose of this agreement is to allow City to proceed with its construction project without
delay and to allow Owners to avoid City instituting eminent domain proceedings at this time.
KIT" :1331:0111.3z"
Therefore, for and in consideration of the exchange of the mutual promises stated herein
and other good and valuable consideration paid, Owners and City agree as follows:
7. In consideration of the sum of Ten Dollars and no cents ($10.00)
paid by the City, which is set forth below, the receipt and
sufficiency of which is acknowledged, Owners grant, bargain, sell
and convey to City exclusive possession and use of the
Right -of -Way Property as provided herein. City, and their
contractors, subcontractors, agents, and representatives, shall have
the right to enter upon the Right -of -Way Property effective
immediately, for the purpose of constructing the Project as shown
on Exhibits A and B, and the right to remove any existing
improvements and landscaping. This Possession and Use
Agreement will extend to City and their contractors, assigns and/or
owners of any existing utilities on the Right -of -Way Property and
those which may be lawfully permitted on the Right -of -Way
Property by City in the future. This grant will include the
construction, relocation, replacement, repair, improvement,
operation and maintenance of these utilities on the Right -of -Way
Property.
8. This Right of Entry shall terminate at the time City shall either
acquire title to the property interests to be acquired as described
above, or become entitled by law to possession of and entry upon
such areas, whether by execution of deeds and easements by
Owners in favor of City or subsequent to a hearing held by Special
Commissioners pursuant to Chapter 21 of the Texas Property Code;
9. Owners, jointly and severally, warrant and represent that they
collectively own good and marketable fee title to Owners' Property,
and that no other person or corporation owns an interest in the fee
title to Owners' Property, that the title to Owners' Property is free
and clear of all liens and encumbrances, and that all releases
necessary to provide City with good and marketable title to the
property interests to be acquired by the City as described herein will
be executed prior to additional funds being paid to Owners.
10. Owners, jointly and severally, hereby indemnify City from all
unreleased or undisclosed liens, claims or encumbrances affecting
title to the property interests to be acquired by the City as described
herein.
11. This agreement is made with the understanding that City will
continue to negotiate in good faith with Owners to acquire the
property interests to be acquired by the City as described herein by
direct purchase. It is farther understood in the event a settlement
is not reached within ninety (90) days of the effective date of this
agreement;. City shall begin proceedings in eminent domain to
acquire the necessary title to the property interests to be acquired by
the City as described herein. City will not unreasonably delay the
commencement of proceedings under eminent domain once the time
provided for in this paragraph has expired.
12. Owners agree that this sutra represents adequate and full
compensation for the possession and use of the Property, and that
City will be entitled to take possession and use of the Property
immediately. The parties agree that the amount paid will be
deducted from any final negotiated sales price, settlement amount,
award or verdict regarding the amounts to be paid to Owners as
compensation for the taking of the property interests to be acquired
by the City as described herein. In the event the final award or
verdict for the fee title is less than the amount City has paid for the
possession and use of the property, then Owners agree that the
original amount tendered represents an overpayment and that the
City is entitled to seek a refund from Owners, jointly and severally.
13. Owners, by consent to this Right of Entry, in no manner waive
Owners' right to claim compensation for damages to Owners'
Property for the takings the subject of the Petition;
14. Owners make no representations, expressed or implied, as to the
condition of the property or as to the suitability of the property for
the purposes of City;
15. City shall at all times during the construction of the Project provide
Owners with access to and from Owners' Property;
16. Owners and City agree and stipulate that for purposes of valuation
in any condemnation or eminent domain proceeding, the date of the
taking of Owners' Property shall be December 20, 2012; and
17. City shall .indemnify and hold harmless Owners from and against all
claims and causes of action for personal injuries, wrongful death,
and/or damage to property resulting from City's entry onto Owners'
property which occur during the period this Right of Entry is in
effect.
18. Owners agree to be responsible for and pay all taxes, including taxes
for past years and the current year, prorated to the date City and/or
County take possession, and any special assessments which become
due prior to such time.
20. This agreement will also extend to and bind the heirs, devisees,
executors, administrators, legal representatives, successors and
assigns of the parties.
2I . It is agreed that City will record this document.
Signed the day of , 20_
CITY OF SOUTHLAKE, TEXAS:
By: �-
Sh elvertoi�
City Manager
Attest:
04ea
By: A (,E -.-.c e
Alicia Richardsoi >-
city Secretary Sa
a
yJ,jJ��fl ri �, a
GRANTOR: P z M Malik
ACKNOWLEDGMENT
NATE OF TEXAS
BEFORE ME, the undersigned authority, on this day personally appeared Parvez M.
Malik, known to me'to be the person whose name is subscribed to the foregoing instrument, who
acknowledged to me that same was executed for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF QFI~ ICE, this 12d day of0&
��-;
20 105Y /� 1
Notary Public inter'
The State of Texas
.�,tiRYAV� Aq,�p.
t8 ll tic
C" a"Ili7. Expires 09
GRANTOR. Seema Malik
ACKNOWLEDGMENT
STATIC OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Seema Malik,
known to me to be the person whose name is subscribed to the foregoing instrument, who
acknowledged to me that same was executed for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Z day of ,
20 lo.
Not and for
The State of 'Texas
�a ,IgN�i
prnmt. �XRir�
0912
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EXHIBIT A
Parcel 7-35A
P.M. 1938
CSY. 1978-01-052
November 7, 2912
Exinbit A, Page 1 of 2
Heing a 0 {133 acre (1,419 sure .foot) tract of land situated In the B.J. Foster Survey, Abstract Number 519,
Tarrant Caunty, Tzxas, and being -a portion of that certain tract of land to yarve; and Secma Malik, being a
portion, of'Lot 1, M61ik Estates Addition, as recDtdedi in Cabinet A, Si1de 5711, Plat Records, Tarrant County,
Texas (P.R.T,C.T.), and beit g wore particularly described by metes and bounds as fbl1*wrs,
BEGTNNM at -a set 518 inch -iron rod with Transysterrs cap on tite Proposed Easterly Southlalde Right -of -Way
line, a 16 foot -wide Right -of -Way, said point -also being on the Nogg line of said Malik Estates A"tion, also
being the Souih.lme-of 'a Lot 5C; Block 1, Paloijw Addition, as recorded in Cabinet A, Slide 12339, P.R.T.C,T.,
being South .$9009'3.x. r' +1bst, a distance df 268,93 -feet from a found 11.2 inch capped irdxid tori for the Ndir#iteasi
corner of said Lot 1, Malik Estates Addition andthe South litre 4fsod Palomar Adaition;
-(1) THENCE South b OW56'Vest, with the Proposed Easterly Southlake Right -Of -way line, a distance of 1.58,21
feet to a•set 518 melt iron red With Trausystems cap on the Westerly fine of said Lot 1 and the Easterly line of a 23
foot R*ht:-of-Way.Reser-vatlo'n as shown on said Malik Estates addition Plat,
(2) THENCE North 0°2.4"4ti"West, along the Westerly-Iine of said Lot 1 and the Easterly line of -said 23 foot Right-
of-Way
ight-
of Way Reservation, a disiance of 140.06 feet to a set 518 *inch iron rod with Transystems cap on the Existing
Easterly Right of Way of F.M. 1938; -
(3) THENCE Norih 0°24'41]" Nast, w th the Existing Easterly Right of Way .of F.M. 1938, a distance of 16.98 feet to
a set 5/8 inch iron rod with Transysteiz}s calx at tho Northeast corner of said 23 foot Right -of -Way Rmraation, the
Northwest corner of said Lot 1, Marc Estates Addition, and on the South line of said Lot 5C, Block 1, Palomar
Addition;
(4) THENCE North 89009'37 TaAvYitlz the North line of said Lot 1, Malik Estates Addition and the South line of
said Lot 5C, Block 1, PalOmar Addition, a distance bf 1&07 feet to the POINT OF BEGiN INQ, containing
0.033 acre (1,419 square feet) of land, more or less.
NOTE: Basis of bearing is the Texas State Piave Coordinate, System, North Central lone (4202), North American Datum
1983 (XAD 83)., with all disiauces and coordinates adjusted to surface by project surface factor of 1.000l 2825.
NOTE: Plat to accompany this legal description,
That i, Timothy A. Frost, a Rdrgisterecl Professional Land Surveyor in Texas, hereby states that this survey was
de from an actual on the ground survey made,in July, 2910 under my supervision, that all monuments exist as
shown hereon and this survey substantially conforms with the current professional and technical standards as set
forth by theTexas Board of Professlatal Land Surveying.
nmot A, rost .
Registered Professional Land] Surveyor
Texas Registratiori Number 5316
EXHIBIT B
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Page 2 of 2 TEXAS, -
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PARVEZ MAL IK
AND' SEEMA MALI
PARCEL 235Ar
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#1 TARAANt I F.M;aJ8-
1978 1 Of
CMO SIGNATURE FORM
This form must accompany any document sent to the City Manager for signature. The
document must be reviewed and initialed by the Project Manager and Department
Director.
Document Title: Right of Way Acquisition
Date: December 17, 2012
Need Council Action: No
File Project Name: FM 1938
Project Manager: Cheryl Taylor
Return to: Valerie Potter @ ext. 8098
X Agreement
Change Order
Letter/Memo
Easement — TO BE FILED WITH COUNTY
Resolution/Ordinance/Quit Claim Deed
Director approval:x) .-.�
Robert H. Price, P.E.
For PWA Department Use Only
Pri,o_r to Execution:
Admin Secretary — 2 Document Originals / Cover Signature Form / Return
Address on Doc/Return Address Sent to Engineer as Outlook Contact
Project Engineer/Manager - Initials
puty Director/City Engineer Initials
ssistant to Director Review
Director Signature
Admin Secretary - Document Tracking Log