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Thomas M. Hood Survey, Abstract No. 706 (705 Oak Hill Drive) - ROW CITY OF SOUTH LAKE S Public Works Administration 1400 Main Street 1 Suite 320 I Southlake, Texas 76092 1 (p) 817 - 748 -8098 1 (f) 817 - 748 -8077 April 5, 2013 [Certified Mail, Return Receipt Requested # 7012 2920 0000 7403 1903 and Regular First Class Mail] Ryan & Virginia Olivo 705 Oak Hill Drive Southlake, Texas 76092 Re: FINAL OFFER: 705 Oak Hill Drive, Southlake, Texas City of Southlake Road Widening Project A 75 square foot (.0017 acre) Permanent Right -of -Way, All Trees and shrubs within six feet of the retaining wall being located in the THOMAS M. HOOD SURVEY, abstract No. 706 in the City of Southlake, Tarrant County, Texas Dear Mr. & Mrs. Olivo: The City of Southlake (City) is in the process of acquiring the permanent right -of -way necessary for the Widening of White Chapel Blvd. which is needed to serve the existing development in the City, and is necessary to serve the public health, safety and welfare. Because the City's negotiations to purchase the above referenced right -of -way have been successful to date, a final offer is being submitted. The City has previously provided you with a copy of the City's appraisal report on the above - referenced property and the Landowners Bill of Rights. The total appraised value for the permanent right -of -way taking, brick edging and tree mitigation as needed by the City for this project is $1,850. The City Council has authorized me to make a final offer of $1,850. All closing costs will be born by the purchaser. Every effort will be made to save all trees and shrubs but as a precaution all homeowners will be paid for trees and shrubs within six feet of the new retaining wall. Any existing planters will be replaced by the City but once construction has been complete, the care and maintenance of those planters will be the responsibility of the home owners. The City would prefer to resolve this matter with you by agreement; however, if the offer is not accepted, or we have not heard from you by April 19, 2013, the City will move forward with condemnation through the City's power of eminent domain. Ilium anon • Intcgrir■ • Acccnmtabilin • (oninnninntroExccllcncc • Is nnsurk Ryan & Virginia Olivo Page 2 of 2 April 8, 2013 We hope you will give this offer serious consideration. If in agreement, please sign the offer letter and return it to the City of Southlake in the attached envelope. If you have any questions, or wish to discuss this matter or the City's offer in more detail, please do not hesitate to contact Mr. Jerry Hodge of Hodge & Associates at (817) 991 -3161 or jerryh64 @verizon.net. Sincerely, Steven D. Anderson, P.E. Civil Engineer cc: Robert Price, P.E., City of Southlake, Director of Public Works 11e) EXECUTED this \ NO day of Ap\oi 1 ,2013 SELLER: RYAN & VIRGINIA OLIVO By: t 0 ,c 6 Lio By: 705 Oak Hill Drive Southlake, Texas 76092 Integrity • Irmov anon • Accountabilin • Commitment to Esccltcncc • 7cumyork Electronically Recorded Tarrant County Texas Official Public Records 5/8/201310.13 AM D213116600 N. ■ - GILTS: IF YOU ARE A NATURAL I ERSON,MI.MY REMOVE OR STRI 4 A ` -• ' d FROM THIS INSTRUMENT BEFORE IT IS FILED Capital Title FO FNRSe rc�>ciUP�?; �RDS: YOUR SO 1AL SOSU NETWORK nethrOBIMIWNERS GF# 0 CITY OF SOUTHLAKE PERMANENT RIGHT -OF -WAY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, RYAN S. & VIRGINIA R. OLIVO, 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, a permanent right -of -way and the right to construct, reconstruct and perpetually maintain a public street and /or drainage facilities and utilities, 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 said public street and/or drainage facilities and utilities, and for making connections therewith, in, upon and across that certain tract or parcel of land in Tarrant County, Texas, being described as follows: EXHIBIT "A ", attached hereto and made a part hereof. TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the said conveyed property and rights granted herein unto Grantee, its successors and assigns every person whomsoever lawfully claiming or to claim the same or any part thereof. Y WITNESS MY HAND, this the 1 ay of r u-/ , 2013. RYAN S. OUVO VIRGINIA R. OUVO STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared RYAN S. & VIRGINIA R. OLIVO, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ! day of , 013. Notary u tic in and for The State of Texas Commission Expires: Gt 1 ] -2 IN ? 1pP P4 B� GAYLE piibllc N ota ry \ S * * ` State Ot Taxa E PARCEL NO. 10 �' gF1 � ! M Y t;omrt. Fjcpfres 44 - 0 t B � 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 Capital Title FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GF# 1' IS ' ?o'S6° CITY OF SOUTHLAKE PERMANENT RIGHT -OF -WAY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THAT, RYAN S. & VIRGINIA R. OLIVO, 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, a permanent right -of -way and the right to construct, reconstruct and perpetually maintain a public street and /or drainage facilities and utilities, 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 said public street and /or drainage facilities and utilities, and for making connections therewith, in, upon and across that certain tract or parcel of and in Tarrant County, Texas, being described as follows: EXHIBIT "A ", attached hereto and made a part hereof. TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the said conveyed property and rights granted herein unto Grantee, its successors and assigns every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS MY HAND, this the 1 y of , 2013. / 416_,...0.0011P \ I V Or R_)O' RYAN S. OLIVO VIRGINIA R. OLIVO STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared RYAN S. & VIRGINIA R. OLIVO, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ( day of y 013. Notary u lic in and for The State of Texas Commi sion Expires: f GAYLE GIEBELSTE Cs Notary Public :e70%,..1,1,:oto.t State of Texa s 1� 2016 PARCEL NO. 10 • , �� +� My Comm. Expires Oh EXHIBIT "A" County: Tarrant Page 1 of 3 Street: North White Chapel Boulevard Date: June 4, 2012 HZ Job No. 01- 3991 -01 Description for Parcel 10 BEING, 75 square feet of land, more or less, in the Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed by deed to Ryan S. Olivo and Virginia R. Olivo, as recorded in CC# D212158138 of the Deed Records of Tarrant County, Texas (D.R.T.C.T), also being a portion of Lot 1, Block 2, of Oak Hill Estates, an addition to the City of Southlake Tarrant County, Texas, recorded in Cabinet A, Slide 683, Plat Records Tarrant County, Texas, (P.R.T.C.T.), said 75 square feet of land being more particularly described as follows: COMMENCING at the northwest corner of said Lot 1, also being on the southerly right -of- way line of Chapel Downs Drive, a variable width right -of -way, as established by said plat of Oak Hill Estates, from which a 5/8 inch iron rod bears North 11 degrees 04 minutes 41 seconds East, a distance of 0.22 feet; THENCE, along southerly right -of -way line of said Chapel Downs Drive North 89 degrees 08 minutes 14 seconds East, a distance of 189.65 feet to a 5/8 inch iron rod set with cap stamped "Huitt- Zollars ", being the POINT OF BEGINNING having NAD 83 (HARN 1993) Texas State Plane, North Central Zone (4202) surface coordinates of North 7032011.55, and East 2382590.26; 1) THENCE, North 89 degrees 08 minutes 14 seconds East, continuing along the southerly right -of -way line of said Chapel Downs Drive, a distance of 15.00 feet to a point on the existing westerly right -of -way line of North White Chapel Boulevard as established by said Oak Hill Estates; 2) THENCE, departing the southerly right -of -way line of said Chapel Downs Drive, South 00 degrees 49 minutes 43 seconds East, and along the existing westerly right - of -way line of said North White Chapel Boulevard, a distance of 10.00 feet to a 5/8 inch iron rod set with cap stamped "Huitt- Zollars" on the new westerly right -of -way line of North White Chapel Boulevard from which a 5/8 inch iron rod found bears South 00 degrees 49 minutes 43 seconds East, a distance of 94.29 feet; 3) THENCE, North 57 degrees 09 minutes 44 seconds West along the new easterly right -of -way line of North White Chapel Boulevard, a distance of 18.02 feet, to the POINT OF BEGINNING and containing 75 square feet of land, more or less. EXHIBIT "A" County: Tarrant Page 2 of 3 Street: North White Chapel Boulevard Date: June 4, 2012 HZ Job No. 01- 3991 -01 Description for Parcel 10 BASIS OF BEARING: Survey control for White Chapel Boulevard is based on City of Southlake control monuments #22, #26 & #30. Project coordinate values are State Plane NAD 1983(HARN 1993), North Central Texas Zone 4202, adjusted to surface using a factor of 1.000155478. To convert project coordinates back to grid (true state plane) multiply by 0.999844546. For: Huitt- Zollars, Inc. 1- l ee i E ric J. Y oudy „p44i #9a.lt #a.f..a.N..0 , Registered Professional Land Surveyor " RIC .JOHN YAI'''DY w ..4Il.¢00 a...VOW. Texas Registration No 4862 . , , 4- :« 2 # tea g Huitt- Zollars, Inc. j ` 4°` cec ,,. t 1717 McKinney Avenue *. 3 w , Suite 1400 Dallas, Texas 75202 -1236 Ph. (214) 871 -3311 Date: December 28, 2012 EXHIBIT "A" Page 3 of 3 LOT 3, BLOCK 1 STEPHEN D. TOWNES & J ( 8 � SUZANNE TOWNES 0. -^ INST. No. D204281899 ` D.R.T.C.T. t' rg �� �� O 0 (165 W. CHAPEL DOWNS DR.) �� 50• WIDE c iC;*11- (SE.'`PiAY) ? W . st P.O.C. 10 „. . CC 5 /8° IRF BEARS a N 11'04'41 "E -0.22' U) J. LOT 2, BLOCK 1 Z MARK J. WELSCHMEYER r ,5 , - & DIANE M. WEISCHMEYER in O E INST. No. D205252171 - I 1 to w D.R.T.C.T. CA (145 W. CHAPEL DOWNS DR.) t I 03 J� W o `' Q 6a 5 U / OAK HILL ESTATES 9 : CAB. A, SLIDE 683 Q) P.R. T.C.`, -4 5 UTILITY ESMT. W LOT 1, BLOCK 1 ei 03 VAN. V. WILLIAMS P i - 03 m VOL.14161, PG. 174 LOT 1, BLOCK 2 Q In D.R.T.C.T. RYAN S. OLIVO 03 -^' ' (125 W. CHAPEL DOWNS DR.) LOT 2, BLOCK 2 & VIRGINIA R. OLIVO KEVIN D. CLARK DOC# D21 21 581 38 Z ,° " —°''"- & KAREN L CLARK D.R.T.C.T. P.O.B. 10 1 VO1.11288, PG.397 (705 OAK HILL DR.) N: 7032011,55 D.R.T.C.T. N 57'09'44 "W E 2382590.26 (685 OAK K HU— HILL DR.) 18.02' 1 10' IfIDTY EST1 r • 0' Li iew SM1. .k i N 89'08'14 "E ] *' 0 - -WA. c �' I T 15.00 j '`0— • --0,,,,,, T ...— i t5 SOT , 4 eg 111, s /e' IRF S 00'49'3 ti w 94.29 — S 00'49'43 "E c,v, gG3Or r W, ;QM SLrR. M `1Fri f . ntz N. WHITE CHAPEL BOULEVARD 1t1,0o' 34 27 _ - - — I =r - 14 1= --$_— - r----- 2� 1 . f 1 LV ie ;L II'«,LLL suRVEY Mina TAG t ' O } E o L7p E E E E E E E E E E E O - E 1 ( - I \ E 1- 10' UTILITY ESMT. LEGEND A PLAT OF A SURVEY EXISTING ROADWAY RIGHT OF PARCEL 10 FOR OF WAY BOUNDARY LINE N. WHITE CHAPEL BOULEVARD GRAPHIC SCALE RIGHT OF WAY LINE PROPERTY LINE R A 75 SQ. FT. D• 25' 50' SURVEY LINE -- — TRACT OF LAND IN THE EXISTING EASEMENT LINE - -- °'- ^ " " "'-"' THOMAS [ � AS M . HOOD SURVEY SURVEY CONTROL FOR WHITE CHAPEL BLVD. IS EASED ON IVI M. CRY OF SOUTHLAKE WHITE MONUMENTS M ASE & P -O:C = POINT OF COMMENCING 43C.. PROJECT COORDINATE VALUES ARE STATE PLANE P.013. = POINT OF BEGINNING ABSTRACT N0. 706 NAD 198301ARN 1993), NORTH CENTRAL TEXAS ZONE D. R, T . T. = DEED RECORDS TARRANT COUNTY TEXAS 4202, ADJUSTED TO SURFACE USING A FACTOR OF P.F,. T.C. T. =PLAT RECORDS TARRANT COUNTY TEXAS CITY OF SOUTHLAKE TO CR D (TRUE STATE PLANE) ANE) ULTI? Y COORDINATES IRF = IRON ROD FOUND TARRANT COUNTY, TEXAS r r� NOTE THIS MAP IS AN INTERNAL C17Y OF SOUTHLAKE 0- 5/8' IRON ROD SET WITH YELLOW PLASTIC CAP JUNE 4 , 201 2 DOCUMENT. ITS CONTENTS SHALL NOT BE USED FOR STAMPED `HUNT- ZOLLARS ",'UNLESS OTHERWSE NOTED ANY OTHER PURPOSE. HZ: 01- 3991 -01 PURCHASER'S STATEMENT Date: April 26, 2013 GFNo: 13- 159290 -SB Sale From: Ryan Olivo and Virginia Olivo To: City of Southlake 705 Oak 11111 Dr 1400 Main Street, Suite 320 Southlake, TX 76092 Southlake, TX 76092 Property: 75 Square Feet of Block 2, Lot 1, Oak Hill Estates Tarrant County 705 Oak Hill Drive Southlake, TX 76092 Purchase Price $1,850.00 Plus: Charges Filing Fees to Capital Title of Texas $28.00 WD $28.00 Fees to Capital Title of Texas $750.00 Escrow $750.00 Tax Certificate to United Tax Service, Inc $59.80 E- recording Fee to United eRecording $9.00 Total Charges S846.80 Gross Amount Due By Purchaser $2,696.80 Less: Credits Total Credits 50.00 Balance Due Purchaser 82.696.80 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. The lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes Capital Title of Texas, LLC - Southlake Boulevardto make expenditure and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, is the amount shown above and a receipt of a copy of this Statement Capital Title of Texas, LLC - Southlake Boulevard The City of Southlake By By: fir. -� G e re elstein Name: Dian Title: V'V\ C Printed at: 04/22/2013 (04:47 pm) Compliments of Capital Title of Texas, LLC - Southlake Boulevard SELLER'S STATEMENT Date: April 26, 2013 GFNo: 13- 159290 -SB Sale From: Ryan Olivo and Virginia Olivo To: City of Southlake 705 Oak HIll Dr 1400 Main Street, Suite 320 Southlake, TX 76092 Southlake, TX 76092 Property: 75 Square Feet of Block 2, Lot 1, Oak Hill Estates Tarrant County 705 Oak Hill Drive Southlake, TX 76092 Sales Price $1,850.00 Reimbursements /Credits Total Reimbursements /Credits $0.00 Gross Amount Due to Seller $1,850.00 Less: Charges and Deductions Total Charges and Deductions $0.00 Net Amount Due Seller $1.850.00 Seller understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. The lender involved may be furnished a copy of this statement. Seller understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes Capital Title of Texas, LLC - Southlake Boulevardto make expenditure and disbursements as shown above and approves saute for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement Capital Title of Texas, LLC - Southlake Boulevard By .0 4111111011. Gayl tebelstein .n Olivo Virginia Olivo Printed at: 04/22/2013 (04:47 pm) Compliments of Capital Title of Texas, LLC - Southlake Boulevard DATE: April 22, 2013 OWNER POLICY REJECTION FORM Purchasers under Capital Title of Texas, LLC GF number 13- 159290 -SB hereby confirm that they are not requesting an Owner's Policy of Title Insurance and that Capital Title of Texas, LLC is strictly acting in an "Escrow Only" capacity. Purchasers hereby indemnify Capital Title of Texas, LLC against any action taken by purchaser against serller, including any costs of defense for any matters affecting said land that an Owner's Policy of Title Insurance would typically cover. The undersigned hereby reject the issuance of said Owner Policy The City of Southlake By: 1111 'iii+ 47 Name: So Ire,- - Ter 11 _ Title: 1M Eder STATE OF TEXAS COUNTY OF COLLIN • SWORN TO AND SUBSCRIBED BEFORE ME, by c•)okel l'.Ca-1 ( , JYla n(' of The City of Southlake on this 1s —day of Ate, 2013. movi Notary Public, State of Texas My Commission Expires: _ i ` ;o,�PFiY T. RIGGS 49 -:a. �� Notary Public 1 11_ e *• i� :r __Notary ATE OF TEXAS i . . M Commission I p '' ,, t= N.pires 08/01/2013 `qq 1 Order No. 13- 159290 -SB TAX PRORATION AGREEMENT AND DISCLOSURES Date: April 22, 2013 Buyer: City of Southlake 1400 Main Street, Suite 320 Southlake, TX 76092 Seller: Ryan Olivo and Virginia Olivo 705 Oak Hill Dr Southlake, TX 76092 Property: BEING, 75 square feet of land, more or less, in the Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed by deed to RyanS. Olivo and Virginia R. Olivo, as recorded in CC# D212158138 ofthe Deed Records of Tarrant County, Texas (D.R.T.C.T), also being a portion of Lot 1, Block 2, of Oak Hill Estates, an addition to the City of Southlake Tarrant County, Texas, recorded in Cabinet A, Slide 683, Plat Records Tarrant County, Texas, (P.R.T.C.T.), said 75 square feet of land being more particularly described as follows: COMMENCING at the northwest comer of said Lot 1, also being on the southerly right -of- way line of Chapel Downs Drive, a variable width right -of -way, as established by said plat of Oak Hill Estates, from which a 5/8 inch iron rod bears North 11 degrees 04 minutes 41 seconds East, a distance of 0.22 feet; THENCE, along southerly right -of -way line of said Chapel Downs Drive North 89 degrees 08 minutes 14 seconds East, a distance of 189.65 feet to a 5/8 inch iron rod set with cap stamped "Huitt- Zollars ", being the POINT OF BEGINNING having NAD 83 (HARN 1993) Texas State Plane, North Central Zone (4202) surface coordinates of North 7032011.55, and East 2382590.26; 1) THENCE, North 89 degrees 08 minutes 14 seconds East, continuing along the southerly right -of -way line of said Chapel Downs Drive, a distance of 15.00 feet to a point on the existing westerly right -of -way line of North White Chapel Boulevard as established by said Oak Hill Estates; 2) THENCE, departing the southerly right -of -way line of said Chapel Downs Drive, South 00 degrees 49 minutes 43 seconds East, and along the existing westerly right -of -way line of said North White Chapel Boulevard, a distance of 10.00 feet to a 5/8 inch iron rod set with cap stamped "Huitt- Zollars" on the new westerly right -of -way line of North White Chapel Boulevard from which a 5/8 inch iron rod found bears South 00 degrees 49 minutes 43 seconds East, a distance of 94.29 feet; 3) THENCE, North 57 degrees 09 minutes 44 seconds West along the new easterly right -of- way line of North White Chapel Boulevard, a distance of 18.02 feet, to the POINT OF BEGINNING and containing 75 square feet of land, more or less. Seller has sold the Property to Buyer and as part of the settlement of this transaction, 1. Ad valorem real property taxes for the current year ❑ have ® have not been prorated between the parties. 2. Personal prope taxes, if any, as to any inventory, mobile home or other personal property situated on the Property have ® have not been prorated between the parties. Tax Proration Agreement & Disclosures Page 1 of 3 Rev. 06/03 Order No: 13- 159290 -SB 3. Disclosures: ❑ Proration of taxes, if any, is based on tax information from the prior year, the current year's tax status not yet being available. ❑ Taxes on the Property for the prior year did not include the value of any NEW CONSTRUCTION. Proration of taxes for the current year is based on information provided by the appraisal district that the property will be taxed as ❑ Unimproved ❑ Partially improved ❑ Fully improved ❑ Taxes on the property are currently based on an OVER 65 exemption which will not be allowed for the remainder of the current year. Proration of taxes is based on the exemption through settlement, but should not be used to estimate taxes for the full current year, nor for subsequent years. ❑ Taxes on the property are currently based on an AGRICULTURAL, OPEN SPACE OR FOREST LAND valuation and may be subject to ROLLBACK, with additional taxes becoming due for the current and /or prior years. ❑ Taxes on the Property are currently based on a description that appears to contain more land area than the Property, as conveyed, appears to contain. This could result in the imposition of a SUPPLEMENTAL TAX BILL for the current and /or prior years. ❑ Some or all of the Property is not currently being taxed as an independent tax tract or tracts. It is unlikely that the taxing authority(ies) will recognize the Property independently for the current year's taxes and, therefore, NEITHER BUYER NOR SELLER MAY INDEPENDENTLY PAY TAXES FOR THE CURRENT YEAR ON THEIR INDIVIDUAL PORTIONS OF LAND. 4. Capital Title of Texas, LLC - Southlake Boulevard (Settlement Agent) can neither guarantee the accuracy of the tax information provided to it by third parties, nor of any good -faith estimates upon which tax prorations may have been made. 5. The amount of escrow collected at closing for future payment of taxes (Tax Escrow) is determined by Lender, not by Settlement Agent. 6. Settlement Agent assumes no responsibility for notifying taxing entities of this transaction, nor for assisting Buyer with application for any exemptions or special valuations. 7. Personal property. Neither title to nor taxes on items of personal property are covered by title insurance. 8. Escrowed Funds: All funds received in this transaction shall be deposited with other funds in one or more non - interest bearing escrow accounts of Escrow Agent in a state or national bank selected by Escrow Agent. Escrow Agent shall have no obligation to account to the parties to this transaction in any manner for the value of, or pay to such party any benefit received by Escrow Agent, directly or indirectly, by reason of the deposit of any such funds or the maintenance of such accounts with such bank. Those benefits may include, without limitation, credits allowed by such bank on loans to Escrow Agent's parent company and on accounting, reporting and other services. All parties depositing funds in connection with this escrow are hereby notified that the funds so deposited are insured only to the limit provided by the Federal Deposit Insurance Corporation. Agreement: ❑ Buyer and Seller agree and hereby instruct Settlement Agent to use the following estimated amount(s) for proration of taxes for the current year: ® Seller and Buyer agree and hereby instruct Settlement Agent to perform NO PRORATION of taxes for the current year — AND — ® SELLER AND BUYER AGREE TO COOPERATE to pay the taxes for the current year on the Property at such time as the tax bills are issued and before they become delinquent, each paying their prorated portion, Settlement Agent having no liability therefor. Tax Proration Agreement & Disclosures Page 2 of 3 Rev. 06/03 Order No: 13- 159290 -SB ❑ Seller and Buyer agree that SELLER WILL BE FULLY RESPONSIBLE for payment of taxes for the current year on the Property at such time as the tax bills are issued and before they become delinquent, Settlement Agent having no liability therefor. ❑ Seller and Buyer agree that BUYER WILL BE FULLY RESPONSIBLE for payment of taxes for the current year on the Property at such time as the tax bills are issued and before they become delinquent, Settlement Agent having no liability therefor. 9. In the event actual taxes for current year are determined to be more or less than the figures used by Settlement Agent for estimates or prorations or by lender for Tax Escrow, Seller and Buyer agree to adjust any differences between and among themselves and /or Lender, and to hold Settlement Agent harmless from any liability therefor. 10. Should a bill for Supplemental Tax(es) for prior years be issued on the Property, Seller agrees to immediately pay such taxes and to indemnify and hold harmless Settlement Agent, Stewart Title Guaranty Company (Underwriter), and its Agent. 11. Buyer and Seller agree to indemnify and hold harmless Settlement Agent, Stewart Title Guaranty Company (Underwriter), and its Agent with regard to any Supplemental and /or Rollback Tax(es) for prior years. IN ADDITION, BUYER AND SELLER AGREE THAT ANY DISPUTE IN REGARD TO SUCH TAXES SHALL BE HANDLED BETWEEN BUYER AND SELLER. The City of Southlake By: P . Name: Tom t e,rre.1 R an Olivo Title: V14,6 Are Virginia Oliv Tax Proration Agreement & Disclosures Page 3 of 3 Rev. 06/03 SHADDOCK LAW FIRM, P.C. 2400 N. Dallas Parkway, Suite 560 Plano, Texas 75093 972 -526 -7642 ATTORNEY REPRESENTATION NOTICE GF# 13- 159290 -SB DATE: April 22, 2013 SELLER: Ryan Olivo and Virginia Olivo PURCHASER: City of Southlake PROPERTY: 75 Square Feet of Block 2, Lot 1, Oak Hill Estates Tarrant County The undersigned does hereby employ the law Office(s) of SHADDOCK LAW FIRM, P.C., for the limited and specific purposes of document preparation. This preparation includes but is not limited to the preparation of Deeds, Deeds of Trusts, Mortgages, Promissory Notes, Releases and any other documents that are required and necessary in the closing of any real estate transactions. These transactions include, but are not limited to, sales, exchanges, purchases, refinances or loan of, or on real property described above in said legal and GF Number. Any and all language regarding the conveyance or reservation of the minerals in the documents prepared by SHADDOCK LAW FIRM, P.C. reflects the written instruction and request of the parties to the transaction and Capital Title of Texas, LLC. The law offices of SHADDOCK LAW FIRM, P.C. have not rendered an opinion regarding the use of this language. The undersigned understands and agrees that the documents prepared by the law office of SHADDOCK LAW FIRM, P.C. were prepared in accordance with the instructions of the lender, if any, and of the parties to this transaction. No representations have been made by the law offices of SHADDOCK LAW FIRM, P.C. as to the legal effects or tax consequences of these documents or of the transaction described in the above referenced file. No representations have been made as to whether the transaction described in the above referenced file complies with the usury laws or of any other laws of the United States or any other state having jurisdiction over this transaction. If one or more of the parties has requested on the use of a format other than the one customarily used by Shaddock Law Firm, P.C., said party or parties undertake the responsibility and liability that the document will meet statutory guidelines. Disclaimer of representation or warranty: The undersigned understands that the law offices of SHADDOCK LAW FIRM, P.C. has not conducted a title search on the property and makes no representation or warranty about condition of title, access to the property, or any other matters that might be revealed from an examination of title by the undersigned of the property itself or that might be revealed through a survey of the property. The undersigned is cautioned to make sure the deed to the buyer conveys the specific property the buyer has contracted to purchase. It is understood and agreed by the undersigned that the law offices of SHADDOCK LAW FIRM, P.C. are not employed for legal representation generally, or for any purpose in connection with the transaction described in the above referenced file other than the preparation of documents as stated above. The undersigned acknowledge that they have read, understood and hereby approve the documents as prepared, and consent to the multiple representation above. The undersigned hereby agree that no attorney /client privilege or relationship exists between them and the law offices of SHADDOCK LAW FIRM, P.C. beyond the preparation of the above described documents. Please return ORIGINAL Attorney Representation Notice with invoice. The City of Southlake By: il gar - �► Name: '5-y "3 Ter re_ (I Ryan Olivo Title: aj r \ W A J Vir inia livo g CAPITAL TITLE OF TEXAS LLC 100 S. Village Center Drive Southlake, Texas 76092 WIRE INSTRUCTIONS DATE: 04/22/ 2013 TO: WIRE TO: HBank 4501 William D. Tate Grapevine, Texas 76051 ABA NO: 111 924 363 ACCOUNT NAME: CAPITAL TITLE OF TEXAS LLC ESCROW ACCOUNT ACCOUNT NO: 1005419 REFERENCE GF #: 13- 159290 -SB Ryan S & Virgina R. Olivo to The City of Southlake If you have difficulty wiring to Capital please notify Gayle Giebelstein at or 817 - 329 -8989 CAPITAL TITLE OF TEXAS LLC By: CSO SIGNATURE FORM This form must accompany any document sent to the Mayor for signature. The document must be reviewed and initialed by the Project Manager and Department Director. Document Title: Right of Way Dedication Instrument - ((1;ti0 Date: May 2, 2013 Need Council Action: No File Project Name: North White Chapel Widening Project Manager: Steve /Cristina Return to: Valerie Potter @ ext. 8098 Agreement Change Order Letter /Memo A' Easement — TO BE FILED WITH COUNTY / 44 0 w°6-- Resolution /Ordinance /Quit Claim Dee• Director approval: „,��� %r' Robert H. Price, P.E. For PWA Department Use Only Prior to Execution: '3 Admin Secretary — 2 Document Originals / Cover Signature Form / Return Address on Doc / Return Address Sent to Engineer as Outlook Contact r Project Engineer /Manager - Initials Deputy Director /City Engineer Initials m1 Assistant to Director Review TOD irector Signature Admin Secretary - Document Tracking Log CITY OF SOUTHLAKE RIGHT -OF -WAY DEDICATION INSTRUMENT STATE OF TEXAS § COUNTY OF Tarrant § For and in consideration of the sum of ten dollars ($10.00) in hand paid by the City of Southlake, Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration, including the benefits that will accrue to my property, I (we), Ryan & Virginia Olivo ('GRANTOR'(S)), of Tarrant County, Texas, as the owner of that certain tract of land in Tarrant County, Texas depicted by metes and bounds description in Exhibit "A ", attached hereto and incorporated herein for all purposes of this dedication, and as more particularly described by drawing as set forth in the "Drawing of Exhibit A ", attached hereto and incorporated herein for all purposes of this dedication, do hereby dedicate same to the City of Southlake, Tarrant County, Texas for the use and benefit of the public as a perpetual right -of -way and easement for the passage and accommodation of vehicular and pedestrian traffic, and the construction, operation, use, maintenance, inspection, repair, alteration, and replacement of a paved road within the boundaries of the right -of -way and easement area, and for all other purposes for which a public street and right -of -way is commonly used, including installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across, and under said right -of -way, and including but not limited to all such uses permitted by the Laws of the State of Texas and the Ordinances and Charter of the City of Southlake, Texas. TO HAVE AND TO HOLD said right -of -way and easement unto the City of Southlake, its successors and assigns, and GRANTOR(S) hereby bind(s) itself (themselves), its (their) successors and assigns to warrant and forever defend, all and singular, said premises unto the City of Southlake, its successor: and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that the City of Southlake shall have the right to excavate and fill upon said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the permanent right of way and easement herein granted to the City of Southlake shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR "S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR'S chain of title. The permanent right—of-way and easement rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person. Page 1 of 3 IN WITNESS WHEREOF, this dedication instrument is executed this day of , 20 BY: RYAN OLIVO BY: VIRGINIA OLIVO ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority in and for County, Texas, on this day personally appeared 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 20 NOTARY SEAL Notary Public, State of Texas Notary's Name (Printed) Notary's Commission Expires Page 2 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the / 77 day of 4- I , 20_13_, from - km, ,n -f- VI rl i n t vo to the CITY OF SOUTHLAKE, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. 7T1 mac) /3 a te C1 SEAL Mayor, CITE' OF SOfJTHL KE , ,,,unuie gq o ° ♦• � Q J TH L q it F�� °• �'• IA1TpT.EST: �k • '� IMF t'i�.�.i �! %�"�...�✓'R'l,C�� Y V • City Secretary • *.• ••• � roe• AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Engineer 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817- 748 -8098 Fax: 817 - 748 -8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 Page 3 of 3 EXHIBIT "A" County: Tarrant Page 1 of 3 Street: North White Chapel Boulevard Date: June 4, 2012 HZ Job No. 01- 3991 -01 Description for Parcel 10 BEING, 75 square feet of land, more or less, in the Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land conveyed by deed to Ryan S. Olivo and Virginia R. Olivo, as recorded in CC# D212158138 of the Deed Records of Tarrant County, Texas (D.R.T.C.T), also being a portion of Lot 1, Block 2, of Oak Hill Estates, an addition to the City of Southlake Tarrant County, Texas, recorded in Cabinet A, Slide 683, Plat Records Tarrant County, Texas, (P.R.T.C.T.), said 75 square feet of land being more particularly described as follows: COMMENCING at the northwest corner of said Lot 1, also being on the southerly right -of- way line of Chapel Downs Drive, a variable width right -of -way, as established by said plat of Oak Hill Estates, from which a 5/8 inch iron rod bears North 11 degrees 04 minutes 41 seconds East, a distance of 0.22 feet; THENCE, along southerly right -of -way line of said Chapel Downs Drive North 89 degrees 08 minutes 14 seconds East, a distance of 189.65 feet to a 5/8 inch iron rod set with cap stamped "Huitt - Zollars ", being the POINT OF BEGINNING having NAD 83 (HARN 1993) Texas State Plane, North Central Zone (4202) surface coordinates of North 7032011.55, and East 2382590.26; 1) THENCE, North 89 degrees 08 minutes 14 seconds East, continuing along the southerly right -of -way line of said Chapel Downs Drive, a distance of 15.00 feet to a point on the existing westerly right -of -way line of North White Chapel Boulevard as established by said Oak Hill Estates; 2) THENCE, departing the southerly right -of -way line of said Chapel Downs Drive, South 00 degrees 49 minutes 43 seconds East, and along the existing westerly right - of -way line of said North White Chapel Boulevard, a distance of 10.00 feet to a 5/8 inch iron rod set with cap stamped "Huitt - Zollars" on the new westerly right -of -way line of North White Chapel Boulevard from which a 5/8 inch iron rod found bears South 00 degrees 49 minutes 43 seconds East, a distance of 94.29 feet; 3) THENCE, North 57 degrees 09 minutes 44 seconds West along the new easterly right -of -way line of North White Chapel Boulevard, a distance of 18.02 feet, to the POINT OF BEGINNING and containing 75 square feet of land, more or less. EXHIBIT "A" County: Tarrant Page 2 of 3 Street: North White Chapel Boulevard Date: June 4, 2012 HZ Job No. 01- 3991 -01 Description for Parcel 10 BASIS OF BEARING: Survey control for White Chapel Boulevard is based on City of Southlake control monuments #22, #26 & #30. Project coordinate values are State Plane NAD 1983(HARN 1993), North Central Texas Zone 4202, adjusted to surface using a factor of 1.000155478. To convert project coordinates back to grid (true state plane) multiply by 0.999844546. For: Huitt- Zollars, Inc. r. (.\---110„ is. 0 r Eric J. Y oudy • Registered Professional Land Surveyor ERIC JOHN ' AHOUDY Texas Registration No. 4862 a 4862 Huitt - Zollars, Inc. (° '�°A'ess0.%'� 1717 McKinney Avenue ��'' UR�I Suite 1400 Dallas, Texas 75202 -1236 Ph. (214) 871 -3311 Date: December 28, 2012 EXHIBIT "A" Page 3 of 3 LOT 3, BLOCK 1 STEPHEN D. TOWNES & SUZANNE TOWNES INST. No. D204281899 �� r 1 D.R.T.C.T. (165 W. CHAPEL DOWNS DR ) 0 OAK HILL DRIV�_r— — _______ ---------,,,,-,IT -0r -WAY ��� 5 WIDE -' P.O.C. 10 CL 1--f e tR' R 0 5/8" IRF BEARS N 11'04'41 "E -0.22' (1, - LOT 2, BLOCK 1 J` Zo MARK J. WELSCHMEYER 7 35' aoL01 H = m cD & DIANE M. WELSCHMEYER 1 0 0 a INST. No. D205252171 w D.R.T.C.T. CO $ (145 W. CHAPEL DOWNS DR.) W a c Z OAK HILL ESTATES 9 a CAB, A, SLIDE 683 P.R.T.C. —. I w s' UTILITY HUT ■ LOT 1, BLOCK 1 s, I 4 VAN, V. WILLIAMS 5 VOL.14161, PG. 174 co LOT 1, BLOCK 2 D.R.T.C.T. RYAN S. OLIVO I co —c. M (125 W. CHAPEL DOWNS DR.) I LOT 2. BLOCK 2 & VIRGINIA R. OLIVO ..... _ ._ & KAREN L. CLARK D.R.T.C.T. I P.O.B. 10 I r� VOL.11288, PG.397 .,t (705 OAK HILL DR.) N: 7032011 55 D.R. 382590.26 (685 OAK K HILL HILL DR,) N 57'09'44"W E: 2 18.02 — � o' UTILITY ECM . ' L_____ D' uT1u ESM7. 1 N 89'08'14 "E NEW W - � - -. mG:T- - WAT. i 15 00' -- 0 LfNE . - 75 Sq ^ l .- tom a- 1•- 4 - - - • - it -.- li r - ) t t 5/e IRF' S 00'49'43" " VP I 94.29 C ©r j I S 00'49 "E A ' i . a ` F' N. WHITE CHAPEL BOULEVARD 10.00' ,o 27 _ _ _ — - 29 1 I = . - ;Lr I - � 71, L =. Fu • 1 O 0 Li E E E E E E E E E E E W r. t — E O 0 --- Yi `E]s I: ' - _ x v u { 1U UTILITY [SMT. LEGEND A PLAT OF A SURVEY EXISTING ROADWAY RIGHT -- OF PARCEL 10 FOR OF WAY BOUNDARY LINE N. WHITE CHAPEL BOULEVARD GRAPHIC SCALE RIGHT 0' WAY LINE PROPERTY LINE E A 75 SQ. FT. 0 ' __ 50' SURVEY LINE -- - TRACT OF LAND IN THE EXISTING EASEMENT LINE --- - - - -- -- — ---- M. HOOD SURVEY SURVEY CONTROL FOR WHITE CHAPEL BLVD 15 BASED ON P00 = POIN OF COMMENCING THOMAS M M CITY OE SOUTHLAKE CONTROL MONUMENTS p22, #25 & ABSTRACT NO. 706 N30 PROJECT COORDINATE VALUES ARE STATE PLANE P.0 8. = POINT OF BEGINNING NAD 1983(HARN 1993), NORTH CENTRAL TEXAS ZONE O. R. T. C. T, = DEED RECORDS 'ARRANT COUNTY TEXAS 4202, ADJUSTED TO SURFACE USING A FACTOR OF ?. R. T.'.T = PLAT RECORDS TARRANT COUNTY TEXAS CITY OF SOUTHLAKE TO (TRUE ACONVERT PLANE) PROJECT COORDINATES T 844545 IRE = IRON POD FOUND TARRANT COUNTY, TEXAS r NOTE' TRENT MAP IS AN INTERNAL CITY OF 50uTH.AKE T A 5/8' IRON ROD SET WITH 'YELLOW PLASTIC CAP JUNE 4, 201 2 DOCUMENT. 175 CONTENTS SHALL NOT BE 05E0 FOR STAMPED 'HUilf - ZGLL ARS ", UN'_E S5 OTHERWISE NOTED 1 ANY OTHER PURPOSE HZ: 01- 3991 -01