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Francis Throop Survey, Abstract No. 1511 (1200 N Kimball Ave), 2013 - Settlement Agreement in Lieu of Condemnation SETTLEMENT AGREEMENT IN LIEU OF CONDEMNATION
This SETTLEMENT AGREEMENT IN LIEU OF CONDEMNATION ( "Agreement ") is
entered into by The City of Southlake, Texas ( "City") and Brian Jeffrey Massey a/k/a/ Jeff
Massey ( "Massey ") (City and Massey, individually a "Party" and collectively the "Parties "):
WHEREAS, Massey is the owner of an approximately 4.0009 acre tract of land
generally located at 1200 Kimball Avenue, Southlake, Texas, and more particularly described in
Exhibit "A" (the "Massey Property ");
WHEREAS, City filed an Original Petition for Condemnation and a First Amended
Petition For Condemnation against Massey, Masco Service Corporation, Jeff Massey Real Estate
LLC, and Northstar Bank of Texas, seeking to acquire certain property interests by virtue of
Plaintiff's eminent domain power as more specifically set out in City's First Amended Petition in
Condemnation on file in Cause No. 2011- 003365 -3 (the "Condemnation Lawsuit ") in connection
with improvements to Kimball Avenue from State Highway 114 to Dove Road (the "Kimball
Avenue Project ");
WHEREAS, Masco Service Corporation, Jeff Massey Real Estate LLC, and Northstar
Bank of Texas have signed and filed in the Condemnation Lawsuit Disclaimers and Waivers
disclaiming any right, title, or interest in any compensation awarded or to be awarded in
connection with the Condemnation Lawsuit and any right to recover any compensation, fees, or
expenses from City in connection with the City's nonsuit (dismissal without prejudice) of those
parties from the Condemnation Lawsuit; and
WHEREAS, City and Massey wish to avoid the potential uncertainty and expense of
protracted litigation and have reached an agreement to settle the claims in the Condemnation
Lawsuit; and
WHEREAS, City and Massey specifically acknowledge that this Agreement is in settlement
of an eminent domain action and is enforceable as such.
NOW THEREFORE, in consideration of the recitals set forth above, the covenants,
stipulations, promises, and agreements contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is admitted, City and Massey agree as
follows:
ARTICLE I
DEFINITIONS
1.01 "Closing" means the meeting or meetings at the Title Company at which City and
Massey will deliver the items required by Sections 10.02 and 10.03 of the
Agreement.
1.02 "Survey" means an on- the - ground, staked plat of survey and metes - and - bounds
description of the Land, prepared by a surveyor, licensed in the State of Texas, in
compliance with the current standards and specifications as published by the
Settlement Agreement In Lieu Of Condemnation PAGE 1
32450.13
Texas Society of Professional Surveyors.
1.03 All other capitalized terms will have the meaning given them in the Agreement.
ARTICLE II
RIGHT -OF -WAY PROPERTY
2.01 Subject to the terms, provisions, and conditions in this Agreement, Massey will,
by a Deed in Settlement of Condemnation in the form attached hereto as Exhibit "D ", convey to
City the following property (the "Right -Of -Way Property ") which conveyance will be subject to
the reservations, exceptions, conditions and other terms contained in the Deed in Settlement of
Condemnation:
A 0.816 acre parcel of land located in the FRANCIS THROOP
SURVEY, Abstract No. 1511, in the City of Southlake, Tarrant
County, Texas, and being more particularly described by metes
and bounds in Exhibit `B ", and shown on the Survey marked
Exhibit "C ".
ARTICLE III
PERMANENT UTILITY AND DRAINAGE EASEMENT
3.01 Subject to the terms, provisions, and conditions in this Agreement, Massey will,
by a Permanent Utility and Drainage Easement Agreement in Settlement of Condemnation in the
form attached hereto as Exhibit "G ", grant to City a Permanent Utility and Drainage Easement
(the "Permanent Utility and Drainage Easement ") upon and across the following property (the
"Permanent Utility and Drainage Easement Property ") and subject to the reservations,
exceptions, conditions and other terms contained in the Permanent Utility and Drainage
Easement Agreement in Settlement of Condemnation:
A 0.111 acre parcel of land located in the FRANCIS THROOP
SURVEY, Abstract No. 1511, in the City of Southlake, Tarrant
County, Texas, and being more particularly described by metes
and bounds in Exhibit "E ", and shown on the Survey marked as
Exhibit "F ".
ARTICLE IV
PERMANENT WALL EASEMENT
4.01 Subject to the terms, provisions, and conditions in this Agreement, Massey will,
by a Permanent Wall Easement Agreement in Settlement of Condemnation in the form attached
hereto as Exhibit "J ", grant to City a Permanent Wall Easement (the "Permanent Wall
Easement ") upon and across the following property (the "Permanent Wall Easement Property ")
and subject to the reservations, exceptions, conditions and other terms contained in the
Permanent Wall Easement Agreement in Settlement of Condemnation:
Settlement Agreement In Lieu Of Condemnation PAGE 2
A 0.28 acre parcel of land located in the FRANCIS THROOP
SURVEY, Abstract No. 1511, in the City of Southlake, Tarrant
County, Texas, and being more particularly described by metes
and bounds in Exhibit "H ", and shown on the Survey marked as
Exhibit "I ".
ARTICLE V
TEMPORARY CONSTRUCTION EASEMENT
5.01 Subject to the terms, provisions, and conditions in this Agreement, Massey will,
by a Temporary Easement Agreement in Settlement of Condemnation in the form attached
hereto as Exhibit "K ", grant to City a Temporary Construction Easement (the "Temporary
Construction Easement ") upon and across the property (the "Temporary Easement Property ")
described in the Temporary Easement Agreement in Settlement of Condemnation and subject to
the reservations, exceptions, conditions and other terms contained in the Temporary Easement
Agreement in Settlement of Condemnation:
ARTICLE VI
CONSIDERATION
6.01 The consideration for Massey's transfer to City of the property rights covered by
this Agreement is the following:
a) Massey shall be entitled to retain, without offset by or other reimbursement to
City, the Three Hundred and Twenty Six Thousand Dollars ($326,000.00) City
previously deposited into the registry of the Court in the Condemnation Lawsuit,
which funds Massey has withdrawn from the registry of the Court.
b) City shall pay Massey the additional sum of One Hundred and Fifty Thousand
Dollars ($150,000.00) in cash at Closing.
c) City stipulates and agrees that it will not deny Massey, Massey's successors, or
assigns, or tenants of any of the foregoing, a Certificate of Occupancy or other permit
for the buildings currently located on the Massey Property as of the Effective Date
based on, in whole or in part, any failure of those buildings or any other
improvements existing as of the Effective Date to comply, in whole or in part, with
any City ordinance to the extent such nonconformity is created by, arises from, or is
related to the transfer by Massey, in lieu of condemnation, of the property rights
covered by this Agreement; without limitation, the City stipulates and agrees that it
will not deny Massey, Massey's successors, or assigns, or tenants of any of the
foregoing, a Certificate of Occupancy or any other permit for the buildings located on
the Massey Property as of the Effective Date based on the failure of such buildings or
the Massey Property to comply with any building setback, landscaping, bufferyard,
impervious cover, parking, or driveway requirements to the extent such
nonconformity is created by, arises from, or is related to the transfer by Massey ofthe
property rights covered by this Agreement.
Settlement Agreement In Lieu Of Condemnation PAGE 3
32450.13
d) City stipulates and agrees that Massey, Massey's successors, or assigns, or tenants
of any of the foregoing will be allowed to construct a new parking lot (the
"Replacement Parking Lot ") and drive on the Property, to replace the parking lost as a
result of the transfer by Massey of the property rights covered by this Agreement.
City acknowledges and agrees that the construction of the Replacement Parking Lot
will not require that Massey, Massey's successors and assigns, and /or tenants of any
of the foregoing bring existing nonconformities, if any, with the buildings on the
Massey Property or the Massey Property itself, including those nonconformities, if
any, which arise due the City's acquisition of the property interests pursuant to this
Agreement, into compliance with, City's current ordinances, including, but not
limited to, landscaping, bufferyard, screening, impervious cover, lighting, and
setbacks, to the extent that such setback requirements are imposed due to the
proximity of the New Parking Lot to Kimball Avenue, or tree preservation
regulations. However, Massey, Massey's successors, or assigns, and /or tenants of any
of the foregoing, when constructing the Replacement Parking Lot itself (whether
constructed by Massey, Massey's successors, or assigns, and /or tenants of any of the
foregoing) will be required to comply with all applicable City ordinances concerning
parking lot construction, including those concerning lighting, setbacks, screening
from adjacent residential property, dimensions, materials, construction methods, and
similar technical requirements for the construction of a parking lot and a drive (but
not including landscaping requirements unrelated to screening from adjacent
residential properties). For purposes of the application of the provisions of this
paragraph, the front yard of the Massey Property will be deemed to front on Kimball
Avenue, the side yards will be deemed to be the northern and southern sides of the
Massey Property, and the rear yard will be deemed to be the western side of the
Massey Property. The Replacement Parking Lot the subject of this section d) shall
consist of no more than ten (10) full size automotive parking spaces and related drives
and curbs unless otherwise agreed in writing by the City.
e) The City stipulates and agrees that Section 6.10a.4. of City's Zoning Code of
Ordinances (Nonconforming Uses), a copy of which is attached as Exhibit "L" is in
effect and applicable to the Massey Property as of the Effective Date , as it relates to
the proximity of the current buildings and improvements on the Massey Property to
Kimball Avenue.
f) City, at City's sole expense, shall construct a new driveway ( "New Driveway ")
and new drive ( "New Drive ") in accordance with the specifications attached as
Exhibit "M ", at the location shown on Exhibit "N ".
g) Until the New Driveway and New Drive are completed, City shall not close or
impede access over and through the existing driveways shown on Exhibit "0" (the
"Existing Driveways ") to the portion of the Massey Property remaining after the
transfer of the Right -of -Way Property, provided, however, City may temporarily
close one or more of the Existing Driveways from Kimball Avenue if: i) it is
necessary and unavoidable for utility relocation and other construction activities in
connection with the Kimball Avenue Project; and ii) City provides Massey with an
alternative, temporary access drive from Kimball Avenue to the Massey Property that
Settlement Agreement In Lieu Of Condemnation PAGE 4
is reasonably satisfactory to Massey. The New Driveway and New Drive will be
completed during the construction of the roadway on the Right -of -Way Property, but
in no event later than the date of termination of the Temporary Construction
Easement Agreement, subject to extension as permitted herein.
h) During construction of the Kimball Avenue Project, the City will make available
to Massey or Massey's successors and assigns, at no cost to Massey or Massey's
successors and assigns, for the Massey Property, one commercial connection to the
City's sanitary sewer line (the "City Sewer Line ") and one commercial connection to
the City's sanitary water line (the "City Water Line ") by providing service stub outs at
the property line of the remainder of the Massey Property at a location agreed to by
Massey or Massey's' successors and assigns in writing and by providing an
appropriately sized water meter and sewer meter.
i) The City will provide Massey or Massey or Massey's successors and assigns, a
credit equal to the amount required to reconnect the existing three - quarter inch water
line, including any applicable water meter fee, tap fee, capital recovery fee, impact
fee, or other fee, and Massey or Massey, or Massey's successors and assigns, as
applicable, shall pay any water meter fee, tap fee, capital recovery fee, impact fee, or
other fee for any additional or an enlarged tap.
j) The City will not charge Massey or Massey's successors and assigns, a sanitary
sewer meter fee, tap fee or other fee (other than an impact fee as hereinafter provided)
for connecting one commercial building to the City Sewer Line, provided Massey or
Massey's successors and assigns, apply for such connections within 180 days after the
City makes such connection available. If Massey or Massey's successors and assigns
apply for a connection to the City Sewer Line between 181 days and 365 days after
the City makes such connection available then Massey or Massey's successors and
assigns, as the case may be, shall be obligated to pay fifty percent (50 %) of any then
applicable sanitary sewer tap fees. If Massey or Massey's successors and assigns
apply for a connection to the City Sewer Line more than 365 days after the City
makes such connection available, then Massey or Massey's successors and assigns, as
the case may be, shall be obligated to pay one - hundred (100 %) of any then applicable
sanitary sewer tap fees. For purposes of this paragraph, the date the City Sewer Line
connection becomes available is the date the City gives written notice to Massey or
Massey's successors and assigns of the City's final acceptance of the Kimball Avenue
Project sanitary sewer improvements. Massey or Massey's successors and assigns
will be required to pay the then applicable sewer impact fee (currently $1,240.47 for a
1 inch meter and $3,969.50 for a 2 inch (compound) meter) when the remainder of
the Massey Property is connected to the City Sewer Line.
k) City agrees, covenants, and represents that City will not make, charge, or collect
from Massey or Massey's successors and assigns any road assessment, paving
assessment, capital recovery fee, impact fee, or other assessment or fee in connection
with the street improvements constructed as part of the Kimball Avenue Project;
however, Massey or Massey's successors and assigns, as the case may be, shall be
Settlement Agreement In Lieu Of Condemnation PAGE 5
32450.13
obligated to pay applicable road assessment, paving assessment, capital recovery fee,
impact fee, or other assessments or fees, if any, assessed against them in compliance
with applicable law based on construction by the City of other improvements other
than the Kimball Avenue Project.
1) City agrees, covenants, and represents that City will not make, charge, or collect
from Massey or Massey's successors and assigns any charges or fees for, or require
replacement of, any trees or other landscaping removed by the City pursuant to this
Agreement or the agreements executed by the Parties in accordance with this
Agreement.
m) Massey will have the right to repurchase the property rights covered by this
Agreement in accordance with the provisions of Section 21.101 of the Texas Property
Code in effect as of the Effective Date, to the extent the conditions of Section 21.101
are met.
n) The City will pay all closing costs at the Closing.
ARTICLE VII
TITLE AND SURVEY
7.01 City has received a title commitment (the "Title Commitment ") from Chicago
Title Insurance Company through Rattikin Title Company (the "Title Company," a copy of
which is attached as Exhibit "P ". City has no objections to the Title Commitment with the
exception of Schedule B, Paragraphs 10.e., and Schedule C, Paragraphs 5.g., 5.h., 5.i., and 5.j.,
which objections Massey agrees to cure prior to Closing by delivering to Title Company at or
before Closing: i) the Partial Release of Lien and Lienholder Consent and Subordination To
Easement Agreements in the form attached as Exhibit "Q "; and ii) the Affidavit of Disclaimer
and Waiver of Masco Corporation in the form attached hereto as Exhibit "R ".
7.02 Attached as Exhibits "C ", "F," and "I are copies of Surveys that City caused to be
prepared for purposes of this Agreement.
ARTICLE VIII
MASSEY'S REPRESENTATIONS
8.01 As of the Effective Date and as of the Closing Date, Massey hereby represents to
City as follows:
a. Massey is the sole owner of the Right -Of -Way Property and has the right and ability to
convey title to the Right -Of -Way Property to City in accordance with the Deed in
Settlement of Condemnation attached hereto as Exhibit "D ", subject to the exceptions,
reservations, and conditions contained in the Deed in Settlement of Condemnation and /or
the Title Commitment.
b. Massey is the sole owner of the Permanent Utility and Drainage Easement Property and
has the right and ability to convey a Permanent Utility and Drainage Easement upon and
Settlement Agreement In Lieu Of Condemnation PAGE 6
covering the Permanent Utility and Drainage Easement Property in accordance with the
Permanent Utility and Drainage Easement Agreement in Settlement of Condemnation in
the form attached as Exhibit "G ", and subject to the exceptions, reservations, and
conditions contained in the Permanent Utility and Drainage Easement Agreement in
Settlement of Condemnation and /or the Title Commitment.
c. Massey is the sole owner of the Permanent Wall Easement Property and has the right and
ability to convey a Permanent Wall Easement upon and covering the Permanent Wall
Easement Property in accordance with the Permanent Wall Easement Agreement in
Settlement of Condemnation in the form attached as Exhibit "J ", and subject to the
exceptions, reservations, and conditions contained in the Permanent Wall Easement
Agreement in Settlement of Condemnation and /or the Title Commitment.
d. Massey is the sole owner of the Temporary Easement Property and has the right and
ability to convey a Temporary Construction Easement upon such property in accordance
with the Temporary Easement Agreement in Settlement of Condemnation in the form
attached as Exhibit "K ", and subject to the exceptions, reservations, and conditions
contained in the Temporary Easement Agreement in Settlement of Condemnation and /or
the Title Commitment.
e. Other than Massey, there are no holders of any liens or any type of possessory interest in
or against the Right -Of -Way Property, the Permanent Utility and Drainage Easement
Property, the Permanent Wall Easement Property, or the Temporary Easement Property,
with the exception of any such interests that are subject to the exceptions, reservations,
and conditions contained in the Deed in Settlement of Condemnation, Drainage Easement
Agreement in Settlement of Condemnation, the Permanent Wall Easement Agreement in
Settlement of Condemnation, or the Temporary Easement Agreement in Settlement of
Condemnation.
f There are no mineral leases in effect as of the Effective Date that give any mineral
owners any surface rights in Right -Of -Way Property, the Permanent Utility and Drainage
Easement Property, the Permanent Wall Easement Property, or the Temporary Easement
Property.
8.02 Except as stated in section 8.01 above, Massey makes no representation with
respect to the Property.
8.03 THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS
WARRANTIES, EXCEPT THOSE IN THIS AGREEMENT (IF ANY) AND
NEITHER PARTY IS RELYING ON ANY REPRESENTATIONS OTHER
THAN THOSE EXPRESSED IN THIS AGREEMENT (IF ANY). THERE
ARE NO IMPLIED WARRANTIES.
Settlement Agreement In Lieu Of Condemnation PAGE 7
32450.13
ARTICLE IX
CITY'S REPRESENTATIONS
9.01 City hereby represents to Massey as follows, which representations shall be
deemed made by City to Massey also as of the Closing Date:
a. City is a municipal corporation with authority to perform its obligations under this
Agreement. This Agreement is binding on City and enforceable as an agreement in
settlement of a condemnation action under Texas A&M University- Kingsville v.
Lawson, 87 S.W.3d 518 (Tex. 2002) and City of Carrollton v. Singer, 232 S.W.3d
790 (Tex. App. - -Fort Worth 2007, pet. denied) as clarified by any subsequent
decisions of the Texas Supreme Court or the Fort Worth Court of Appeals. This
Agreement is, and all documents required by this Agreement to be executed and
delivered to Massey at Closing will be, duly authorized, executed, and delivered on
behalf of City.
b. In the event of a suit by Massey against the City for breach of this Agreement,
City will not assert immunity from any such claim for breach of this Agreement
asserted as part of such suit, pursuant to the law as set out in the cases cited above,
but the City does not waive its right to assert governmental immunity for any other
claims or causes of action, regardless whether such other claims or causes of action
are related to or arise out of the same or different facts, and the City does not waive
its right to assert governmental immunity and /or statutory protections against
recovery of any types of damages other than actual damages, including punitive or
exemplary damages.
9.02 WAIVER OF CONSUMER RIGHTS:
CITY WAIVES ITS RIGHTS UNDER THE TEXAS DECEPTIVE TRADE
PRACTICES— CONSUMER PROTECTION ACT, SECTION 17.41 ET
SEQ. OF THE TEXAS BUSINESS AND COMMERCE CODE, A LAW
THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS.
AFTER CONSULTATION WITH AN ATTORNEY OF ITS OWN
SELECTION, CITY VOLUNTARILY CONSENTS TO THIS WAIVER.
9.03 THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS
WARRANTIES, EXCEPT THOSE IN THIS AGREEMENT (IF ANY) AND
NEITHER PARTY IS RELYING ON ANY REPRESENTATIONS OTHER
THAN THOSE EXPRESSED IN THIS AGREEMENT (IF ANY). THERE
ARE NO IMPLIED WARRANTIES.
ARTICLE X
CLOSING
10.01 The Closing of this Settlement Agreement shall be held on or before May 31,
2013 or such other date as may be mutually agreed upon by the Parties (the "Closing Date "), at
the Title Company, in one or more meetings as convenient for the Parties.
Settlement Agreement In Lieu Of Condemnation PAGE 8
10.02 The Closing, and City's obligations under Agreement, are expressly conditioned
on:
a. Massey's delivery to City of a duly executed and acknowledged Deed in
Settlement of Condemnation in the form attached as Exhibit "D ";
b. Massey's delivery to City of a duly executed and acknowledged Permanent Utility
and Drainage Easement Agreement In Settlement of Condemnation in the form
attached hereto as Exhibit "G ";
c. Massey's delivery to City of a duly executed and acknowledged Permanent Wall
Easement Agreement In Settlement of Condemnation in the form attached hereto as
Exhibit "J ";
d. Massey's delivery to City of a duly executed and acknowledged Temporary
Easement Agreement In Settlement of Condemnation in the form attached hereto as
Exhibit "K ";
e. Massey's delivery to City of a duly executed and acknowledged Non - Exclusive
Joint Use Private Access Agreement Easement in the form attached hereto as
Exhibit "T ", which agreement will be recorded after the recordation of the_Deed in
Settlement of Condemnation, the Permanent Utility and Drainage Easement
Agreement In Settlement of Condemnation, the Permanent Wall Easement
Agreement In Settlement of Condemnation, and (if it is recorded) the Temporary
Easement Agreement In Settlement of Condemnation;
f. Massey's execution of such documents and instruments reasonably requested by
the Title Company to consummate the transactions contemplated herein; and
g. Delivery to City of possession of the Right -of -Way Property, in accordance with
the Deed in Settlement of Condemnation.
10.03 The Closing, and Massey's obligations under this Agreement, are expressly
conditioned on:
a. City's delivery to Massey, by federal wire or cashiers' check, payment of the
additional sum of One Hundred and Fifty Thousand Dollars ($150,000.00), plus
payment of any closing costs as set forth on the Closing Statement prepared by
the Title Company; and
b. City's execution of such documents and instruments reasonably requested by the
Title Company to consummate the transactions contemplated herein.
10.04 The prevailing party in any adjudication of any proceeding relating to this
Agreement may recover his /its /their reasonable and necessary attorney's fees.
Settlement Agreement In Lieu Of Condemnation PAGE 9
32450.13
ARTICLE XI
MISCELLANEOUS
11.01 This Agreement 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.
11.02 This Agreement, its exhibits, and any closing documents delivered at Closing (the
"Agreement Documents ") constitute the entire agreement of the Parties concerning the transfer
of property interests by Massey to City in lieu of condemnation. There are no representations,
warranties, agreements, or promises pertaining to the transfer of property interests by Massey to
City and no representations, warranties, agreements, or promises by the City to Massey
pertaining to the City's obligations to Massey that are not in the Agreement Documents.
11.03 City may not assign this Agreement or any of City's rights under it without
Massey's prior written consent, which consent will not be unreasonably withheld, and any
attempted assignment is void. The consent by Massey to any assignment by City will not release
City of its obligations under this Agreement, and City and the assignee will be jointly and
severally liable for the performance of those obligations after any such assignment. Massey may
assign his rights under this Agreement. This Agreement binds, benefits, and may be enforced by
the Parties and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns.
11.04 In case any one or more of the provisions contained in this Agreement 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 Agreement
shall be construed as if the invalid, illegal, or unenforceable provision had never been contained
herein, and the remainder of this Agreement shall remain effective.
11.05 Words of any gender used in this Agreement 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.
11.06 In this Agreement, time is of the essence and compliance with the times for
performance is required. All deadlines in this Agreement expire at 5:00 P.M. local time where
the Right -Of -Way Property is located. If a deadline falls on a Saturday, Sunday, or national
holiday, the deadline will be extended to the next day that is not a Saturday, Sunday, or national
holiday. A national holiday is a holiday designated by the federal government.
11.07 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 Massey or City, as the case may be, at the address set forth below the signature of
the party hereunder or such other address as Massey or City may provide by written notice to the
other party. Further, any notice to Massey will also be given to Massey's attorney, R. Matthew
Molash, Shupe Ventura Lindelow & Olson, PLLC, 500 Main Street, Suite 800, Fort Worth,
Settlement Agreement In Lieu Of Condemnation PAGE 10
Texas 76102 or such other address as Massey's attorney may provide by written notice to City,
and any notice to the City will also be given the City's attorneys, Taylor, Olson, Adkins, Sralla
& Elam, L.L.P., Attn: Tim G. Sralla, 6000 Western Place, Suite 200, Fort Worth, Texas 76107.
11.08 This Agreement may be amended only by an instrument in writing signed by all
the Parties.
11.09 If this Agreement is executed in multiple counterparts, all counterparts taken
together constitute this Agreement. Copies of signatures to this Agreement are effective as
original signatures.
11.10 Within thirty (30) days of the Closing, funding and delivery of the documents
required by this Agreement, City will request that the Court dismiss the Condemnation Lawsuit,
with costs to be borne by the party incurring them.
11.11 Massey's and City's respective representations, rights and obligations under
Paragraphs 6.01, 8.01(e), 8.01(f), 8.03, 9.01, 9.02, 9.03, and 10.04 and Article XI will survive the
Closing of this Agreement and will not merge into the Deed in Settlement of Condemnation,
Permanent Utility and Drainage Easement Agreement In Settlement of Condemnation,
Permanent Wall Easement Agreement In Settlement of Condemnation or the Temporary
Easement Agreement in Settlement of Condemnation.
EXECUTED to be effective (the "Effective Date ") as of May 31, 2012.
MASSEY: CITY:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
6 1/ m C „K By: =
Y
Jeff Masse The Honorable John Terrel , Mayor
1200 North Kimball Ave ite 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
Attest:
,,,,, ill`11Qt
•
I^ J _ )
•
Alicia Richardson, City 'et. 1 r
e ° e •• 41
is, , ,, P P a *4(4', `eS'
Settlement Agreement In Lieu Of Condemnation PAGE 11
32450.13
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared BRIAN JEFFREY MASSEY, known, to me (or proved to me on the oath of
-- or through Dr i vies Li ccas1 [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 O , • F ICE, this the 3 C) da . May
201 ' 4 SHAY TOWNSEND
Notary Pubic
# /�� STATE OF TEXAS L 1_��
f ______ ____,,,4
``' o. My Comm. Exp. Dec. 1 i Notary Public in an • for
The State of Texas
My Commission Expires:
Typed or Printed 'ame of Notary
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared JOHN TERRELL, Mayor of the City of Southlake, known to me (or proved to me on
the oath of or through [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, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 31w day of May,
2013.
P.''be , LAUREN J. PHILLIPS
—1,, * NOTARY PUBLIC
i' STATE OF TEXAS Notary Public in d for
o, * ° - MY COMM. EXP. 11/10/2014 The State of Texas
My Commission Expires: L46.1 <-1 . K A. % p5P
Typed or Printed Name of Notary
1►• 1o. Z.011.1
Settlement Agreement In Lieu Of Condemnation PAGE 12
EXHIBIT "A"
MASSEY PROPERTY DESCRIPTION
EXHIBIT "B"
RIGHT -OF -WAY PROPERTY
EXHIBIT "C"
PROPERTY SURVEY
RIGHT -OF -WAY PROPERTY
EXHIBIT "D"
DEED IN SETTLEMENT OF CONDEMNATION
RIGHT -OF WAY PROPERTY
EXHIBIT "E"
PROPERTY DESCRIPTION
UTILITY AND DRAINAGE EASEMENT
EXHIBIT "F"
SURVEY
UTILITY AND DRAINAGE EASEMENT
EXHIBIT "G"
PERMANENT UTILITY AND DRAINAGE EASEMENT AGREEMENT IN
SETTLEMENT OF CONDEMNATION
EXHIBIT "H"
PROPERTY DESCRIPTION
WALL EASEMENT
EXHIBIT "I"
SURVEY
WALL EASEMENT
Settlement Agreement In Lieu Of Condemnation PAGE 13
32450.13
EXHIBIT "J"
PERMANENT WALL EASEMENT AGREEMENT IN SETTLEMENT OF
CONDEMNATION
EXHIBIT "K"
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT IN SETTLEMENT OF
CONDEMNATION
EXHIBIT "L"
SOUTHLAKE ORDINANCE
EXHIBIT "M"
DRIVEWAY AND DRIVE SPECIFCIATIONS
EXHIBIT "N"
DRIVEWAY AND DRIVE LOCATION
EXHIBIT "0"
EXISTING DRIVEWAY LOCATIONS
EXHIBIT "P"
TITLE COMMITTMENT
EXHIBIT "Q"
PARTIAL RELEASE OF LIEN AND LIENHOLDER CONSENT
AND SUBORDINATION TO EASEMENT AGREEMENTS
EXHIBIT "R"
AFFIDAVIT OF DISCLAIMER AND WAIVER OF MASCO CORPORATION
EXHIBIT "S"
THERE IS NO EXHIBIT S
EXHIBIT "T"
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT
Settlement Agreement In Lieu Of Condemnation PAGE 14
Approved:
4-7
City Attorney
SETTLEMENT
AGREEMENT
EXHIBIT A
EXHIBIT "A"
(i
BEING a 4.009 acre tract of land in the Francis Throop Survey, Abstract No. 1511, Tarrant
County, Texas u described in decd to Brian Jeffery Massey and Ryan Todd Massey as
recorded in Volume 16429, Page 396 of the Deed Records of Tarrant County, Texas and
being more particularly described as follows:
BEGINNING at a P.K. Nail set in the asphalt at the southeast corner of said Throop survey,
said corner being the centerline oldie intersection of East Highland Street (Co. Road 3034)
and Kimball Avenue (Co. Road 3119);
0 THENCE N 89' 05' 00" W along centerline of said East Highland Street a distance of 331.60
(j feet to a P.K. Nail set in the asphalt;
(
THENCE N 00' 12' 00 E passing at 20.00 feet a 1/2" iron rod found in the north right -of -way
line of said East Highland and at 41.86 feet a 12" iron rod found disturbed and being by plat
the southeast corner of The Hill Addition, an addition to the City of Southlake as recorded in
Volume 388 -159, Page 96 of the Plat Records of Tarrant County, Texas, and continuing along
the east line of said The Hill Addition a total of 526.60 feet to a 12" iron rod set with a "TQ
Burks N5509" cap said point being by deed call the southwest comer of a tract of land described
in decd to Richard Holliday and wife, Mary Ann Holliday as recorded in Volume 14325, Page
524 D.R.T.C.T.;
THENCE S 89' 10 10" E along south line of said Holliday tract passing at 305.45 feet a 1/2"
iron rod set with a "TQ Burks /15509" cap in the west right -of -way line of said Kimball Avenue,
and continuing in all 331.45 feet to a F.K. Nail set in the asphalt in the centerline of said
Kimball Avenue;
THENCE S 00' 1I' 02 along said centerline of Kimball Avenue a distance of 527.10 feet to
the Point of Beginning and containing in all 174651 square feet of 4.009 acres of land in which
0.455 acres of land fails in said street right -of -ways, leaving a net of 3.555 acres.
EXHIBIT
013629.00001:786236 01 F _.
runty: TARRANT Doc: 000239648 Date: 07/03/2003 Vol: 0016881 Paae: 00198 Paae 3 of 5
SETTLEMENT
AGREEMENT
EXHIBIT B
Ilk
EXHIBIT "A"
LEGAL. DESCRIPTION
PERMANENT RIGHT-OF;WAY
NORTH Knill3ALL AVE
PARCEL 15
BEING 0.816 acre of and •located in the FRANCIS THROOP SURVEY.
ABSTRACT No. 1511, Southiake, Tarrant County, Texas, and bebg a portion of
a -tract of and conveyed to Jeff littassey, by deed rectirded in'Volurrie 1:M31,
Page 198. of the Deed Records of Tarrant County. Teas. Saki 0.816 acre of
land being more particularly described by metes and - bounds -as follows.
BEGINNING at a 'PK nail found at the Southeast corner of said Massey Tract,
and tying at the interseclion of the centedthe of North Kimball Avenue. with
the centerline of E. Highland Street;
THENCE N 89' 39' 25" W 331.64 feet, along the South boundary line of
said Massey Tract, and along the centerline of E Highland Street
THENCE N 00* 35' 06" W 34.98 feet. along the West boundary line of
said Massey Tract, to a W iron rod marked - Britain & Crawford' set, in
the new NiOrth right-of-way lineof said E. Highland Street
THENCE 5 89' 38' 59' E 269.97 feet, along the new North right-of-way
line of said E. Highland Street to a W iron rod rnarked &
Crawford" set in the new West right-of-way line of said North Kimbalt
Street;
THENCE along the new West right-of-way line of said North Kimball Street,
as follows'.
. N 45' 00' 00 E 19.71 feet, to a W iron rod m "Britain &
Crawford' set
2. N 00' 49' 3-1 478.08feet, to a W iron rod marked 'Britain &
Crawford" set in the North boundary line of said -Massey Tract, lying in
the South boundary line of a tract &land conveyed to Richard Holliday
and wile, Mary Ann Holliday, by the deed recorded in Volume 14325,
Page 524, by the Deed Records of Tarrant County. Texas;
THENCE S 89' 45 37' E 49.42 feet, along the North boundary line of
said Massey Tract, and the South boundary line of said Holliday Tract, to
a 'PK" nail found at the Northeast corner of said Massey Tract, lying in the
centerline of said North Kimball Avenue;
THENCE S 00' 36' ir E 527.10 feet, along the East boundary line of
said Massey Tract, and the centerline of said North Kimball Avenue, to the
POINT OP BEGINNING, containing 0816 acre (35,543 square feet) at
land,
EXHIBIT
;r2C+392ac;prAcIrsabail-regalslprowl5
SETTLEMENT
AGREEMENT
EXHIBIT C
III •
AREA TABLE RCHARD HOLLIDAY AND WIFE. i!
0.816 ACRE TOTAL MARY ANN HOLLEIAY
( C .` SO•FT.) VOL 14325. PC. 524. D.R.T,C,T- I ,
0.47 A RE S 89 °45'37 "E I
RIGHT —OF •WAY 49.42' 1 aK_NNL FOUND
0,338 ACRE NET I
, 04,70o so.FT.) — — -- —- — — TUMBLEWEED
y /2 AS 50• TRAIL
` PERMANENT I — __ ____
RICHT-Of -WAY UNE (. -
� { r, 4�
II -
J
Csi
EFF MASSEY 4
I VOL 16881. PG. 198
D.R.T.C.T.
:
NC
_OT 3. THE HILL ADDITION
VOL. 388 -154, PC. 96 t�
P -R -T C.T. -,. y W =
s�+n o+ g en2 CRIPPLE CREEK
.r 0 it M LANE
o 4 Li '6 __
o . o I h
1 '
I Z z in h
PERMANENT I 1 �
RIGTIT -OF-WAY UNE N 45 °00'00 "E 4.
N 00 °35'06 "W 19.71''
34 98' 1 S 89 °38'59 "E 1/2 1
IRS
1/2" I 269.97'
177 f . POINT OF
SURVEY LINE T n CEKTERUNE ROAD N BEGINNING
" PK" NMI T•'OUP4O
_ _PI_89 ° 39 ' 2,51. 11 - .331 -.64' I N CDN1ER IJNE
. PK" YAK. fOUNC N 1 INTERSECTION
CENTERLINE OF ROAD A
PRESCRIPTIVE \P RICNT -OF -WAY UNE 2 0' 1
cr r ? � I
Q$ 1
SURVEYED ON THE GROUND 1 i t
OCTOBER 7. 2000 • cE = 1 1 t
O F rF :
.� dDT N
L .:uses L BMWs ,_. _' 1674 7�.`
„/ PROFESSIONAL • TEL ' s,_S - o PROPERT' CORNER NOTE
REGISTERED WAD SURVEYOR . SURF ALL PROPERTY CORNERS SET ARE 1/2" IRON ROOS
STATE OF TEXAS NO. 1674 (1/2'1R$) WITH GAP MARKED "ERRfTMAN & CRAWFORD'
CITY OF SOUTHLAKE
l ., \ 1 1400 MAIN STREET. SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B" 1-
i &rrrrAm & CR WFO D PERMANENT RIGHT —OF —WAY i t
,,,, 0.816 ACRE OF LAND = AuING
te l
LOCATED IN THE
111,6-4., t m u `••, • s "" „' FRANCIS THROOP SURVEY W
.0 a , a+•1 sa�IlSa
.. w lat r ire . UM SOIT.. MCI.
.«. Mtn. *r. ft, ABSTRACT No. 1511 ossOMMIlia....0.t boon
SOUTHLAKE, TARRANT COUNTY,
\KWoN:\„AOMts\ TEXAS SCALE 1” = 100' .suIV4a
SETTLEMENT
AGREEMENT
EXHIBIT D
Deed In Settlement Of Condemnation
Effective Date: May _, 2013
Grantor: Brian Jeffrey Massey a/k/a/ Jeff Massey
Grantor's Mailing Address: 1200 Kimball, Southlake, TX 76092
Grantee: The City of Southlake, Texas, a municipal corporation
Grantee's Mailing Address: The City of Southlake, Texas, c/o City Manager, 1400 Main
Street, Southlake Texas, 76092
Consideration: Ten and No /100 Dollars ($10.00) and other good and valuable consideration
paid by the City of Southlake, Texas.
Property (including any improvements): The property described on Exhibit A the ( "Right -of-
Way Property ").
Reservations from Conveyance:
For Grantor and Grantor's successors and assigns forever, a reservation of all interests in
the water, oil, gas, hydrocarbons, and other minerals and materials (and all executory and
leasing rights relating thereto) in and under and that may be produced from the Right -of-
Way Property. If the reserved estate is subject to existing production or an existing lease,
this reservation includes the production, the lease, and all benefits from it.
Grantor waives the right to enter upon or use the surface of the Right -of -Way Property in
any manner whatsoever (except as a member of the public).
Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of
the reserved estate owned by Grantor with land other than the Right -of -Way Property, or
the exploration or production of the water, oil, gas (including casinghead gas and all
gaseous substances), hydrocarbons, and other minerals and materials by means of wells
that are drilled or mines that open on land other than the Right -of -Way Property but enter
or bottom under the Right -of -Way Property, provided, however, that Grantor and
Grantor's successors and assigns shall have the right to produce the water, oil, gas,
hydrocarbons, and other minerals and materials reserved herein only by directional
drilling or other indirect means at a depth of not less than two hundred feet (200') below
the surface of the Right -of -Way Property in a manner which does not enter upon, or
interfere with the occupancy, use or enjoyment of, the surface of the Right -of -Way
Property by Grantee, its successors and assigns, or disturb any improvements now or
hereafter situated on the surface of the Right -of -Way Property, nor undermine the vertical
or lateral support of any improvements now or hereafter situated on the surface of the
Right -of -Way Property.
EXHIBIT
1 D 32473.5
Exceptions to Conveyance and Warranty:
Any and all of the following held or claimed by a governmental entity or utility provider,
whether of record or not: (i) validly existing prescriptive easements; (ii) visible and
apparent rights of way; and (iii) visible and apparent prescriptive rights.
All presently recorded easements, restrictions, reservations, covenants, conditions, oil and
gas leases, mineral interests, and water interests outstanding in persons other than
Grantor, and other instruments, other than conveyances of the surface fee estate, that
affect the Right -of -Way Property; validly existing utility easements created by recorded
dedication deed or plat; matters described on Exhibit B; any law, ordinance, or
governmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting, or relating to the Right -of-
Way Property; validly existing rights of adjoining owners in any walls and fences
situated on a common boundary; any discrepancies, conflicts, or shortages in area or
boundary lines; any encroachments or overlapping of improvements; standby fees, taxes,
and assessments, if any, by any taxing authority for 2013, and subsequent assessments for
2013 and prior years due to change in land usage, ownership, or both.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty conveys to Grantee the Right -of -Way Property, without
warranty of title, either expressed or implied, and subject to the terms, conditions, limitations,
reservations, and exceptions contained herein.
Representations:
There are no mineral leases in effect as of the Effective Date that give any mineral
owners any surface rights in the Right -Of -Way Property.
THE CONSIDERATION WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE
IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT
THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES,
EXCEPT AS EXPRESSLY STATED IN THIS DEED.
GRANTEE IS NOT RELYING ON ANY REPRESENTATIONS, DISCLOSURES, OR
EXPRESS OR IMPLIED WARRANTIES BY GRANTOR OR ANY PERSON OR
ENTITY ACTING ON GRANTOR'S BEHALF OR FOR WHOM GRANTOR HAS
RESPONSIBILITY OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS DEED.
PURCHASER IS NOT RELYING ON ANY INFORMATION REGARDING THE
RIGHT -OF -WAY PROPERTY INTERESTS PROVIDED BY GRANTOR OR ANY
PERSON OR ENTITY ACTING ON GRANTOR'S BEHALF OR FOR WHOM
GRANTOR HAS RESPONSIBILITY, OTHER THAN GRANTEE'S OWN INSPECTION
AND THE REPRESENTATIONS CONTAINED IN THIS DEED.
When the context requires, singular nouns and pronouns include the plural.
2
32473.5
EXECUTED to be effective as of May _, 2013.
GRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
By: By
The Honorable John Terrell, Mayor
Attest:
City Secretary
3
32473.5
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared BRIAN JEFFREY MASSEY, known to me (or proved to me on the oath of
or through [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 May,
2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
4
32473.5
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared JOHN TERRELL, Mayor of the City of Southlake, known to me (or proved to me on
the oath of or through [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, and in the capacity .
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of May,
2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
5
32473.5
Exhibit "A"
Description of Right -Of -Way Property
6
32473.5
• •
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT -OF -WAY
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.816 acre of Land located in the FRANCIS THROOP SURVEY,
ABSTRACT No 1511, Southiake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198. of the Deed Records of Tarrant County. Texas. Said 0.816 acre of
land being more particularly described by metes and bounds as follows.
BEGINNING at a "PK' nail found at the Southeast comer of said Massey Tract,
and tying at the intersection of the centerline of North Kimball Avenue. with
the centerline of E. Highland Street;
THENCE N 89` 39' 25" W 331.64 feet, along the South boundary line of
said Massey Tract, and along the centerline of E. Highland Street:
THENCE N 00' 35' 06" W 34.98 feet. along the West boundary line of
said Massey Tract, to a 1 /2" iron rod marked °Britain & Crawford' set, in
the new North right- of-way line of said E. Highland Street;
THENCE S 89° 38' 59' E 269.97 feet, along the new North right -of -way
line of said E. Highland Street to a W iron rod marked "Brittain &
Crawford* set in the new West right -of -way line of said North Kimball
Street;
THENCE along the new West right -of -way line of said North Kimball Street,
as follows.
1. N 45' 00' 00' E 19.71 feet, to a W' iron rod marked "Brittain &
Crawford" set;
2. N 00' 49' 31" W 478.08 feet, to a W iron rod marked "Brittain &
Crawford" set in the North boundary line of said Massey Tract. lying in
the South boundary fine of a tract of land conveyed to Richard Holliday
and wife, Mary Ann Holliday, by the deed recorded in Volume 14325,
Page 524, by the Deed Records of Tarrant County. Texas:
THENCE S 89' 45' 37' E 49.42 feet, along the North boundary line of
said Massey Tract. and the South boundary line of said Holliday Tract, to
a "PK" nail found at the Northeast corner of said Massey Traci, Tying in the
centerline of said North Kimball Avenue;
THENCE S 00' 36' 17" E 527.10 feet, along the East boundary line of
said Massey Tract, and the centerline of said North Kimball Avenue, to the
POINT OF BEGINNING, containing 0,816 acre (35,543 square feet) of
Land.
1y EXHIBIT
1
0 0
a AREA TABLE TOTAL ( RICHARD HOLIDAY AND WIFE. Si
uARY ANN HOLL 1'Y
(35.543 SQ.FT.) VOL 14325, PC. 524. OR.T.. ;.T. ' '
0.477$ ACRE D4 S 89 °45'37 "E St (
69 49.42' ! 7-1- "Pr' NAIL FOUND
0.338 ACRE NET
(14.700 SQ.FL) — - -
S — vr IRS 5:0' M R BLENF ED
AIL
b - -
Z
RIGHT -OF -WAY L{PE al
Ooh b g
0 z
co Ijj
JEFF MASSEY r in 4
VOL. 16881, PG. 198 ti 1
D.R.T.C.T. ° `r —t G
L.OT 3. THE HILL ADDITION `
VOL 386 -159, PG. 96
P.R.T.C.L ,��1 WI !a!
6\ ca - r 0 CRIPPLE CREEK
' " tel LANE
0 04 .,0 I h
Z - 41-
PA
RI Y L N 45 °OO'00 "E
L�£T- 0E-WAY LINE j 19.71'
N OO °35'06 "W E
34 98' I S 89 °38'59 "E 1 / 2 1 IRS
... 1 I 269.97'
-445
12"5 POINT OF
SURVEY UNE _ H CO4TFRUNE "t�'z' N BEGINNING NAIL FOUND
— _N_89 °39'2,5_'1 -33 t S4` t I IN Ca4TERLINE
"PK" NAf.. FOUND IN t tNTEpSECTtON
CENTER'JNE OF ROAD
PRESCRIPTNE ,e 1
RID1T -O -WAY LINE a , I
z I
SURVEYED ON THE GROUP i = 1
0CT06ER 7. 2009 I
/f . J .mr,I L• Bd{77ANi -,
1..^ ' y
1674 '
'> ' PROPERTY CORNER NOTE
8U - ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
5017E OF 7EJ01S N0. 1674 (1 /2"IRS) NIItt1 CAP MARKED "at fTTAIN k CRAWrORO"
t f CITY Of SOLJTHLAKE
LS ' 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B"
4
BECITA T &CRAWFoRD PERMANENT RIGHT -OF -WAY m
wm streRVtY AP t
IGROGRAPNC 0 13. & ACRE OF LAND _
..~ LOCATED IN THE X IC
1,,.). .1,- ,n,,,,t.1,,,e.s,a FRANCIS THROOP SURVEY W
.... . �t1Tj gFf31i
1.0. !@ /IVA . *Mg 101M,w.lNT
fart , , , ° ITM ABSTRACT No. 1511
SOUTKLAKE, TARRANT COUNTY,
umma� owns\ TEXAS SCALE 1"-= 100' .saigga
Exhibit "B"
Schedule from Title Commitment
7
32473.5
SCHEDULE B
EXCEPTIONS FROM COVERAGE
GF Number 09 -04451
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attomey's
fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data
or delete this exception):
In policy to be issued, Item No. 1 will be deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
.
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 fine 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 rights of access to
that area or easement along and across that area
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, 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. (If Texas Short Form Residential Mortgagee Policy (T-2R) is issued,
that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the
year 2013 and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
• •••.. '1110 • • • .• -.- • • - • •.
10. The following matters and all terms of the documents creating or offering evidence of the matters (We
must insert matters or delete this exception.):
(09- 04451. PFD /09- 04451130)
FORM T-7: Commitment for Title Insurance (Schedul. RATI1KIN TITLE COMPANY, FORT WORTH, TEXAS
a) EXHIBIT
B aft
SCHEDULE B
(Continued)
GF Number. 09 -04451
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.
(Note: Upon receipt of a survey acceptable to Company, this exception will be deleted. Company
reserves the right to add additional exceptions per its examination of said survey.)
b. Easement for right-of-way recorded in Volume 2063, Page 351, Deed Records of Tarrant County, Texas.
c. Easement for right- of-way recorded in Volume 2063, Page 353, Deed Records of Tarrant County, Texas.
d. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in
Volume 8220, Page 437, Deed Records of Tarrant County, Texas.
D208276040, Dccd Rccordo of Tarrant County, Tcxos.
- Memors r .
g. Terms, conditions, and stipulations contained in lease agreement between Jeff Massey and wife, Jodie
Lynn Massey, as Lessor, and New Cingular Wireless PCS, LLC, as Lessee, a Memorandum of which is
filed for record under Clerk's File No. D212219369, Deed Records of Tarrant County, Texas.
h . - -- - --. - • - -._
FORM T-7: Commitment for Title Insurance {Schednia ( 51.PFDI09- 0445 ?130)
ej - -niKtN TITLE COMPANY, FORT WORTH, TEXAS
EXHIBIT
I B tof.t.
SETTLEMENT
AGREEMENT
EXHIBIT E
• •
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.111 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.111 acre of
land being more particularly described by metes and bounds as follows:
BEGINNING at a W iron rod marked "Brittain & Crawford" set in the North
boundary line of said Massey Tract. and lying N 899° 45' 37` W 49.42 feet.
from a 'PK" nail found marking the Northeast corner of said Massey Tract.
Said Point of Beginning also lying in the new West right- of-way tine of
North Kimball Avenue;
THENCE S 00' 49' 31" E 478.08 feet, along the new West right -of -way
line of said North Kimball Avenue, to a W iron rod marked "Brittain &
Crawford', set;
THENCE S 45° 00` 00" W 13.94 feet, to a point;
THENCE N 00' 49' 31" W 487.98 feet, to a point in the North boundary
line of said Massey Tract
THENCE S 89° 45' 37" E 10.00 feet, along the North boundary line of
said Massey Tract, to the POINT OF BEGINNING, containing 0.111 acre
(4,830 square feet) of land.
g2CC9:. 's; .leysx -13a EXHIBIT
I E.
SETTLEMENT
AGREEMENT
EXHIBIT F
s
I RICKARD HOLUOAY AND WIFE.
WARY AI44 HOLLIDAY W
VOL 14325, PO. 524, D.R.T.C.T. La
I k1
1 POINT OF BEGINNI D ' 8 - s CORNER
1/2" IRON ROD SET co MASSEY TRACT
"PK" NAIL FOUND
- - - _ TUMBLEWEED
S 89 °45'37"E 1 TRAIL
pT� 10.00' N 89.45'37
FT 49.42'
PERMANENT MUTT, DRAINAGE 1 vxor o ten
AND WALL EASEME?fr
. 1
0.111 ACRE / 41,830 SO.FT. LIME
z
JEFF MASSEY h I
VOL 16881, PG. 198 . °Q � 03 < t
LOT 3. THE MU. ADDITION D.R.T.C.T. m 0 1
VOL 388 -159. P. 95 iJ t
PR7CT. 1
1 M7 M - -
1 •mot v g CRIPPLE CREEK
�, �� c ) o LANE
�,. 0 o I r-- - -
� z � � t
I 1 y
NEW 1
RIGHT OF - ]Y/T LSNE
1
e
S 45°00'OO"W 1 t
1 /2 t 13.94' 3.94' t
- - ... - 14. IRS
SURVEY UNE _ - - -
(EM'ERL1NE ROAD -
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- 4 — 4, 1S PROPERTY CORNER NOTE
SCALE 1 "= 100' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2" IRS) vex CAP umocED "BRITTl tv & I ORD"
CITY OF SOUTHLAKE
I S 1 400 MAIN STREET, SOIUTHLAXE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B"
BETITA N & CRsugot D PERMANENT UTILITY, DRAINAGE _ -
Imo = AND WALL EASEMENT < . *r,% -i ., m
fig: sn -OM .11170 011.714M-0,11 0.111 ACRE OF LAND ; carts L. E RS7AN _ I
. 0. .'r . °t . .. FRANCIS THR� SURVEY y i . X
auks 110.41•411.1
ABSTRACT No. 1511 LIJ
tla�urL�s -1st SOU€Ht.AKE, €ARRANT COUNTY, TEXAS JULY 8. 2010
.sa109R3
SETTLEMENT
AGREEMENT
EXHIBIT G
NON - EXCLUSIVE UTILITY AND DRAINAGE EASEMENT AGREEMENT
IN SETTLEMENT OF CONDEMNATION
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
Effective as of May _, 2013 (the "Effective Date ") that Brian Jeffrey Massey a/k/a/ Jeff
Massey, whose mailing address is 1200 Kimball Avenue, Southlake, TX 76092, hereinafter called
"Grantor," for and in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable
consideration paid by The City of Southlake, Texas, a municipal corporation, 1400 Main Street,
Southlake Texas, 76092, hereinafter referred to as "Grantee," in settlement of a pending
condemnation matter filed by Grantee and pursuant to this Non - Exclusive Utility and Drainage
Easement Agreement In Settlement Of Condemnation (the "Permanent Utility and Drainage
Easement Agreement ") has granted, and by these presents does grant unto said Grantee a non-
exclusive utility and drainage easement under and across a strip of land depicted as "Permanent
Utility and Drainage Easement Property" on Exhibit A and with a legal description of the Permanent
Utility and Drainage Easement Property attached to this Permanent Utility and Drainage Easement
Agreement as Exhibit B (the "Permanent Utility and Drainage Easement Property") for (collectively
the "Facilities "): (i) below - ground water, sanitary sewer, and water drainage lines and other below -
ground city owned utilities; (ii) drain inlets and manholes in connection with, and as is necessary for,
the Kimball Avenue road expansion project (the " Project"); and (iii) other below - ground franchise
and below - ground public utilities, and in connection with which the parties are entering into this
Permanent Utility and Drainage Easement Agreement, and, for all Facilities, only pursuant to the
terms and conditions set forth below:
Together with the right of ingress and egress along and upon the Permanent Utility and
Drainage Easement Property for the purpose of and with the right to construct, reconstruct, maintain,
repair, and make connections to the Facilities.
Grantor reserves the right to use the Permanent Utility and Drainage Easement Property for
all purposes that are not inconsistent with the specific rights granted to Grantee under this Permanent
Utility and Drainage Easement Agreement. Without limitation, Grantor reserves the right to lay out,
dedicate, construct, maintain, cross, operate, repair, remove, replace, reconstruct, and use that part of
the surface of the Permanent Utility and Drainage Easement Property (to the extent not used by
Grantee for above - ground Facilities) for driveways, parking, roads, streets, alleys, pavement, curbs,
bridges, underground telephone cables and conduits, fiber and communication conduits, and gas,
water and sewer pipe lines (collectively the "Allowable Improvements "), provided, however, the
Allowable Improvements do not damage the Facilities; Grantee agrees to and shall construct,
maintain, operate, repair, remove, replace, and reconstruct the below - ground Facilities at a least the
depth shown on the plans for the currently planned improvements for the Project, and to cooperate
with Grantor, Grantor's agents, and other utility providers to facilitate the installation of any other
above - ground or below - ground improvements, which cooperation will not unreasonably be withheld.
Grantor shall not use the Permanent Utility and Drainage Easement Property for landscaping,
1
32474.8
EXHIBIT
1 ami.
signage, or lighting, other than grass cover on all parts of the Permanent Utility and Drainage
Easement Property except that part on which are located above - ground facilities, without Grantee's
written approval, which approval will not be unreasonably withheld, provided, however, that Grantor
shall have the right to plant flowers and shrubs (but no trees) on the Permanent Utility and Drainage
Easement Property. No later than the conclusion of the work on the Project, Grantee will cover with
St. Augustine grass sod of a good quality all parts of the Permanent Utility and Drainage Easement
Property except that part on which are located above - ground Facilities.
Notwithstanding anything else in this Permanent Utility and Drainage Easement Agreement,
Grantor shall have the right to pave (with concrete, asphalt, or other material), maintain, reconstruct,
and repair the Permanent Utility and Drainage Easement Property (to the extent not used by Grantee
for above - ground Facilities), and shall have the right to drive over and park on, and allow others to
drive over and park on, the Permanent Utility and Drainage Easement Property (to the extent not
used by Grantee for above - ground Facilities), and Grantee agrees to and shall install, construct,
maintain, operate, repair, remove, replace, and reconstruct all underground Facilities at a sufficient
depth and with sufficient support to permit these uses of the Permanent Utility and Drainage
Easement Area. In the event Grantee's use of the Permanent Utility and Drainage Easement Area
causes any damages to the Allowable Improvements, Grantee agrees to restore within a reasonable
time, at Grantee's soles cost, the Allowable Improvements to their pre - damage condition. However,
nothing contained in this Agreement shall constitute any required governmental approval of any
contemplated improvements, including pavement, or otherwise relieve Grantor from complying with
any applicable ordinances or obtaining any required permits and/or approvals prior to installation or
construction of any proposed improvement, including paving, unless otherwise excused by the
Settlement Agreement in Lieu of Condemnation between Grantor and Grantee or applicable law.
As a material part of the consideration for this Permanent Utility and Drainage Easement
Agreement, Grantee agrees that the use of the Permanent Utility and Drainage Easement Property by
Grantee and by Grantee's successors and permitted assigns shall be restricted as follows: the
Permanent Utility and Drainage Easement Property shall only be used for the Facilities. Grantor and
Grantee agree that this restriction shall be a covenant that runs with the land.
Grantee may not lease or sublease, or grant any property or possession rights of any kind, to
or within the Permanent Utility and Drainage Easement Property without the prior written consent of
Grantor or Grantor's successor(s) in interest, which consent may be withheld for any reason
whatsoever, subject to the conditions and exceptions set forth below. Grantor hereby consents to
Grantee's agents, contractors, and franchise and public utility companies and their agents and
contractors, performing work for Grantee on the Permanent Utility and Drainage Easement Property
pursuant to the terms of this Permanent Utility and Drainage Easement Agreement. Grantee further
may not assign or sell this Permanent Utility and Drainage Easement Agreement or any rights related
to the Permanent Utility and Drainage Easement Property except as set out below without the prior
written consent of Grantor, which consent may be withheld for any reason whatsoever. Any
attempted sale or assignment without Grantor's prior written consent shall be void and of no force
and effect. Further, any sale or assignment shall not relieve Grantee from any liability hereunder,
which liability arose, in whole or in part, during the term of this Permanent Utility and Drainage
2
32474.8
Easement Agreement. Notwithstanding any of the above, however, to the extent that city ordinance
or other governmental law or regulation authorizes or permits the installation of underground
franchise or other underground public utilities in city -owned utility easements, this provision shall
not prohibit or bar such use. Also, nothing contained in this Agreement shall prohibit Grantee from
assigning the Permanent Utility and Drainage Easement to another governmental unit or entity that
assumes control of the adjacent right -of -way, including but not limited to Tarrant County and the
Texas Department of Transportation.
This Permanent Utility and Drainage Easement Agreement is made by Grantor and accepted
by Grantee subject to the following additional exceptions, reservations, restrictions, conditions and
provisions:
1. The grant of rights under this Permanent Utility and Drainage Easement
Agreement is subject to:
a) any and all of the following held or claimed by a governmental entity or
utility provider, whether of record or not: (i) validly existing prescriptive
easements; (ii) visible and apparent rights of way; and (iii) visible and apparent
prescriptive rights;
b) all presently recorded easements, restrictions, reservations, covenants,
conditions, oil and gas leases, mineral interests, and water interests outstanding in
persons other than Grantor;
c) validly existing utility easements created by recorded dedication deed or
plat;
d) matters described on Exhibit C;
e) any law, ordinance, or governmental regulation (including but not limited
to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting, or relating to the Permanent Utility and Drainage Easement Property,
Grantor's other property, or any part of any of the foregoing;
f) validly existing rights of adjoining owners in any walls and fences situated
on a common boundary;
g) any discrepancies, conflicts, or shortages in area or boundary lines; and
h) any encroachments or overlapping of improvements, provided, however to
the extent that paving or landscaping existing as of the Effective Date overlaps or
encroach upon the Permanent Utility and Drainage Easement Property, Grantee
may demolish and remove such existing paving or landscaping, at Grantee's sole
cost and expense and in accordance with the terms of this Permanent Utility and
Drainage Easement Agreement.
3
32474.8
2. The grant of rights under this Permanent Utility and Drainage Easement Agreement is
subject to all visible encumbrances on, in, or affecting the Permanent Utility and Drainage Easement
Property, Grantor's other property, or any part of any of the foregoing, provided, however that to the
extent that paving or landscaping existing as of the Effective Date overlaps or encroach upon the
Permanent Utility and Drainage Easement Property, Grantee may demolish and remove such existing
paving or landscaping, at Grantee's sole cost and expense and in accordance with the terms of this
Permanent Utility and Drainage Easement Agreement.
3. Grantee shall be entitled to use the Permanent Utility and Drainage Easement
Property solely for the purposes expressly set forth in this Permanent Utility and Drainage Easement
Agreement and for no other purpose. Until a new driveway is constructed from Kimball Avenue
across the Permanent Utility and Drainage Easement Property to Grantor's property at a location
approved in writing by Grantor, which approval shall not be unreasonably withheld, Grantee shall
not close or impede access to Grantor's property over and through the existing driveways from
Kimball that crosses the Permanent Utility and Drainage Easement Property, provided, however,
Grantee may temporarily close one of Grantor's existing driveways from Kimball Avenue if: i) it is
necessary and unavoidable for utility relocation and other construction activities in connection with
the Project; and ii) Grantee provides Grantor with an alternative, temporary access drive from
Kimball to Grantor's property that is reasonably satisfactory to Grantor. During the Project, Grantee
will: (i) provide continuous access from Grantor's property to Highland Street across the existing
drive from Grantor's property to Highland Street or an alternative, temporary access drive from
Grantor's property to Highland Street that is reasonably satisfactory to Grantor; ii) provide
continuous access to Grantor's entrances to the buildings located on Grantor's property and/or iii) not
impede Grantor's sidewalk on the east side of Grantor's property adjacent to Grantor's existing
building. Grantee will not store, or allow any other person or entity to store, any gasoline, diesel or
other fuel, oil, or any other dangerous, hazardous or toxic materials or compounds on the Permanent
Utility and Drainage Easement Property.
4. It shall be Grantee's sole responsibility to ensure that the Facilities are installed so that
they will not interfere with or affect existing utilities, improvements, structures, and other
encumbrances (except to the extent that paving or landscaping existing as of the Effective Date
overlaps or encroach upon the Permanent Utility and Drainage Easement Property in which case
Grantee may demolish and remove such existing paving or landscaping, at Grantee's sole cost and
expense and in accordance with the terms of this Permanent Utility and Drainage Easement
Agreement), that the Permanent Utility and Drainage Easement Property is adequate for Grantee's
intended and actual use, and that Grantee's use of the Permanent Utility and Drainage Easement
Property complies with all state, federal, and local requirements for the excavation, construction,
reconstruction, installation, operation, repair, maintenance, replacement, alteration and/or removal of
Grantee's Facilities.
5. Grantee hereby agrees to obtain, and require its contractors, subcontractors, agents
and employees to obtain, all required permits and governmental approvals for all activity on or
affecting the Permanent Utility and Drainage Easement Property so as to meet all regulatory
requirements and shall complete all work in accordance with City of Southlake, Texas specifications,
4
32474.8
requirements, and contracts. Grantee shall construct, bury, maintain, operate, repair, remove,
replace, and reconstruct the Facilities in accordance with City of Southlake, Texas specifications,
requirements, and contracts, and in accordance with all applicable federal, state and local laws,
statutes, orders, ordinances, rules, regulations, standards, plans, policies and decrees. Grantee shall,
in all activities undertaken pursuant to this Permanent Utility and Drainage Easement Agreement,
comply and require its contractors, agents and employees to comply with all federal, state and local
laws, statutes, orders, ordinances, rules, regulations, standards, plans, policies and decrees.
6. Grantee will be solely responsible for the safety of all its employees, contractors,
subcontractors, consultants, invitees, agents and other persons who enter onto the Permanent Utility
and Drainage Easement Property at the direction or request of Grantee. Further, Grantee shall
require its general contractor to obtain adequate insurance covering personal injury, death, and
property damage from his /its activities and the activities of its employees, subcontractors, consultants
or other agents entering the Permanent Utility and Drainage Easement Property on the Permanent
Utility and Drainage Easement Property. Such insurance will be the primary insurance coverage for
any claims and Grantor's insurance, if any, shall be considered secondary insurance.
7. Grantee will maintain the Facilities in good condition in accordance with City of
Southlake and any other applicable laws, ordinances, rules, and regulations. Upon completion of any
construction, maintenance, repair, removal, replacement, reconstruction or other work on or in the
Permanent Utility and Drainage Easement Property, Grantee shall promptly restore that part of the
surface of the Permanent Utility and Drainage Easement Property that is not used for above - ground
Facilities to a landscaped condition consistent with the Project. If any other portion of Grantor's
property outside the Permanent Utility and Drainage Easement Property is damaged as a result of
Grantee's activities, Grantee will promptly repair and restore such damaged area to its pre- damage
condition. Grantor shall be entitled to receive from the City Secretary's office, upon request, copies
of all as -built construction drawings for the Facilities to be located on the Permanent Utility and
Drainage Easement Property at the later of 60 days after Grantee completes construction and any
later reconstruction of the Facilities or 30 days after Grantee receives such drawings.
8. It is expressly understood and agreed that this Permanent Utility and Drainage
Easement Agreement does not constitute a conveyance in fee of any part of the Permanent Utility
and Drainage Easement Property or a conveyance of any interest in the oil, gas (including casinghead
gas and all gaseous substances), hydrocarbons, other minerals, water, sulphur, or other materials in,
on, and /or under the Permanent Utility and Drainage Easement Property, which rights are expressly
retained by Grantor, but only grants the non - exclusive easement rights specifically provided in this
Permanent Utility and Drainage Easement Agreement; if the Permanent Utility and Drainage
Easement Property is subject to existing production or an existing lease, this reservation includes the
production, the lease, and all benefits from it provided, however, that neither Grantor nor Grantor's
agents or assigns shall explore for, mine or drill for or otherwise produce the water, oil, gas
(including casinghead gas and all gaseous substances), hydrocarbons, or any other minerals reserved
herein, from or on the surface of the Permanent Utility and Drainage Easement Property, but Grantor
shall have the right to produce the water, oil, gas, hydrocarbons, and other minerals reserved herein
only by directional drilling or other indirect means at a depth of not less than two hundred feet (200')
5
32474.8
below the surface in a manner which does not enter upon, or interfere with Grantee's rights under this
Permanent Utility and Drainage Easement Agreement.
9. Grantee shall not permit to be placed against the Permanent Utility and Drainage
Easement Property, Grantor's other property, or any part of either, any design professionals',
mechanics', materialmen's contractors' or subcontractors' liens with regard to Grantee's actions and
activities upon or affecting the Permanent Utility and Drainage Easement Property. GRANTEE
AGREES, TO THE EXTENT PERMITTED BY LAW, TO HOLD THE GRANTOR
HARMLESS FOR ANY LOSS ARISING FROM ANY SUCH LIENS WHICH MIGHT BE
FILED AGAINST GRANTOR'S PROPERTY, INCLUDING WITHOUT LIMITATION THE
PERMANENT UTILITY AND DRAINAGE EASEMENT PROPERTY. THE INDEMNITY
AND OTHER RIGHTS AFFORDED BY THIS SECTION SHALL SURVIVE THE
TERMINATION AND EXPIRATION OF THIS PERMANENT UTILITY AND DRAINAGE
EASEMENT AGREEMENT.
10. The rights granted under this Permanent Utility and Drainage Easement Agreement
are granted until the Facilities or use of the Permanent Utility and Drainage Easement Property shall
be Abandoned, and in that event such rights shall cease and all rights granted under this Permanent
Utility and Drainage Easement Agreement shall terminate and revert to Grantor or Grantor's heirs,
successors, assigns and /or legal representatives. "Abandon" or "Abandonment" as used herein, is
defined as the non -use of the Facilities or the Permanent Utility and Drainage Easement Property for
the purpose herein granted, for a continuous period of five years and the Grantee agrees that it has no
further intent to use the Permanent Utility and Drainage Easement Property for any of the permitted
purposes.
11. No termination or expiration of the Permanent Utility and Drainage Easement
Agreement shall release Grantee from any liability or obligation under this Permanent Utility and
Drainage Easement Agreement.
12. In the event of a dispute between the parties with respect to the terms or conditions of,
or the rights or obligations under, this Permanent Utility and Drainage Easement Agreement, the
prevailing party shall be entitled to collect from the other party its reasonable attorneys' fees.
13. If a court finds any provision of this Permanent Utility and Drainage Easement
Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not
render the provision invalid or unenforceable as to any other persons or circumstances. To the extent
feasible, any provision found to be invalid or unenforceable shall be deemed to be modified to be
valid and enforceable; however, if a material provision cannot be so modified, then such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Permanent Utility
and Drainage Easement Agreement shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein, and the remaining provisions of this Permanent Utility
and Drainage Easement Agreement will remain in effect.
14. This Permanent Utility and Drainage Easement Agreement is not valid or binding on
6
32474.8
any party unless executed by all of the parties listed below. This Permanent Utility and Drainage
Easement Agreement may be executed in one or more counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument.
15. The provisions of this Permanent Utility and Drainage Easement Agreement shall
extend to and be binding upon Grantee and Grantor and their permitted successors and assigns, if
any.
15. Grantee agrees and represents that: (i) this Permanent Utility and Drainage Easement
Agreement is binding on Grantee and enforceable as an agreement in settlement of condemnation
under Texas A &M University Kingsville v. Lawson, 87 S.W.3d 518 (Tex. 2002) and City of
Carrollton v. Singer, 232 S.W.3d 790 (Tex. App. - -Fort Worth 2007, pet. denied) as clarified by any
subsequent decisions of the Texas Supreme Court or the Fort Worth Court of Appeals. In the event
of a suit by Grantor against Grantee for breach of this Permanent Utility and Drainage Easement
Agreement, Grantee will not assert immunity from such suit, pursuant to the law as set out in the
cases cited above.
16. GRANTEE IS TAKING THE PERMANENT UTILITY AND DRAINAGE
EASEMENT PROPERTY PURSUANT TO AN AGREEMENT BETWEEN THE PARTIES
IN SETTLEMENT OF CONDEMNATION. THE CONSIDERATION WAS BARGAINED
ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE
AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR
EXPRESS OR IMPLIED WARRANTIES EXCEPT AS EXPRESSLY PROVIDED HEREIN,
IFANY. GRANTEE HAS NOT RELIED ON ANY INFORMATION PROVIDED BY
GRANTOR OR ANY PERSON OR ENTITY ACTING ON GRANTOR'S BEHALF OR FOR
WHOM GRANTOR HAS RESPONSIBILITY OTHER THAN GRANTEE'S INSPECTION.
TO HAVE AND TO HOLD unto Grantee, without warranty of title, either expressed or
implied, for the term hereinafter set forth, and subject to the terms, conditions, limitations,
reservations, and exceptions contained in this Permanent Utility and Drainage Easement Agreement,
until the Facilities or use of the Permanent Utility and Drainage Easement Property shall be
Abandoned as provided in this Permanent Utility and Drainage Easement Agreement, and in that
event said Permanent Utility and Drainage Easement Agreement shall cease, all rights herein granted
shall terminate, and all rights to use the Permanent Utility and Drainage Easement Property shall
automatically revert to Grantor or Grantor's heirs, successors, assigns and /or legal representatives.
REMAINDER OF PAGE INTENTIONALLY BLANK
7
32474.8
EXECUTED to be effective as of May _, 2013.
GRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
By:
Brian Jeffrey Massey The Honorable John Terrell, Mayor
1200 North Kimball Avenue 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
Attest:
Alisha Richardson, City Secretary
REMAINDER OF PAGE INTENTIONALLY BLANK
8
32474.8
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared BRIAN JEFFREY MASSEY, known to me (or proved to me on the oath of
or through [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 May, 2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared the Honorable JOHN TERRELL, Mayor of the City of Southlake, known to me (or
proved to me on the oath of or through [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, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of May, 2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
9
32474.8
Exhibit "A"
Survey of Permanent Utility and Drainage Easement Property
10
32474.8
0 •
RICHARD NOLUDAY AND WIFE.
MARY ANN NOWOAY '•'r
VOL 14325, PG. 524, D.R.T.C.T.
POINT OF BEGINNING D NORTHWEST CORNER
1 /r' IRON ROD SET y MASSEY TRACT
"PK" NNl FOUND
CO ! - _ TUMBLEWEED
S 89 °45'37 "E TRAIL
10.00' N 89.45'37' w
4 49.42'
PERMANENT UTILITY, DRAINAGE 1 moaci a rev
AND WALL EASEMENT ', I m T -WAY
0.111 ACRE / 4,830 SO.FT. LINE
io
at
JEFF MASSEY o
VOL. 16881, PG. 198 r I 1
D.R.T.C.T. -r 1
LOT J. THE FILL ADDITION G
VOL. 388 - 159. PG. 96 1M
P.R.T.C.T, i -
Pr) _
RA ` _ _
7! Z CRIPPLE CREEK
o ° LANE
`�' 0 0 r - -
or new
I y
RICKY -OF -WAY UNE
S 45°00'00 "W f 1
1 /rm 1 13.94' I
_ _ - 1 /i" IRS
SURVEY UNE CENTERLINE ROAD
- - - - - - - •PK" NAIL FOUND
- - - - - - SOUTHEAST CORNER
"PK" NAB FOUND IN
� 1 OF MASSEY TRACT
CENTERLINE OF ROAD !ft
1 �u 1 /,/÷0.4)1*47
r =
t
1 S'
/ yo 1
�r,
W PROPERTY CORNER NOTE
SCALE 1"= 100' ALL PROPERTY CORNERS SET ARf 1 /2• IRON ROO5
(1/2" IRS) WITH CAP MARKED "9RITTAIa & CRAWFORD"
I S OF SOUTHLAKS E
. 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "8"
Bst1'reIN &Ciuw,oRD PERMANENT UTILITY, DRAINAGE , _ I--
we Y • AND WALL EASEMENT ` r e Co
S/ 0 .111 ACRE OF LAND yin'
ISO] str�++ -11111A/011101 .rH H - JAMES . ' Ag rniii :
INN Ns 0171 Ira-4W LOCATED IN THE !C Ct
..e. s e.a... a,,, Kam Kn. • v - �,, ,, -�itl'� k�_.,• W
>a> sorn. ,«„ >0 to FRANCIS 1HROOP SURVEY '.'yd's+!" .
0.1..' ° O "'"'""' ABSTRACT No. 1511 . Su
+ � SOUTHLAKE, TARRANT COUNTY. TEXAS JULY 6, 2010
sap4Qt
Exhibit "B"
Legal Description of Permanent Utility and Drainage Easement Property
11
32474.8
• •
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.111 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas Said 0.111 acre of
and being more particularly described by metes and bounds as follows:
BEGINNING at a W iron rod marked "Brittain & Crawford" set in the North
boundary line of said Massey Tract, and lying N 89° 45' 37' W 49.42 feet.
from a "PK' nail found marking the Northeast corner of said Massey Tract.
Said Point of Beginning also tying in the new West right -of -way line of
North Kimball Avenue:
THENCE S 00' 49' 31" E 478.08 feet, along the new West right -of -way
line of said North Kimball Avenue, to a W iron rod marked 'Brittain &
Crawford', set;
THENCE S 45° 00' 00" W 13.94 feet, to a point;
THENCE N 00' 49' 31' W 487.98 feet, to a point in the North boundary
line of said Massey Tract:
THENCE S 89° 45' 37" E 10.00 feet, along the North boundary line of
said Massey Tract, to the POINT OF BEGINNING, containing 0.111 acre
(4.830 square feet) of land.
g- 2cc9'Jaga+s as- legsmiii9 -iss EXHIBIT
Exhibit "C"
Exceptions To Title From Title Commitment
12
32474.8
SCHEDULE B
EXCEPTIONS FROM COVERAGE
GF Number. 09 -04451
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's
fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data
or delete this exception):
In policy to be issued, Item No. 1 will be deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
governments or other entitles,
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 rights of access to
that area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, 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. (if Texas Short Form Residential Mortgagee Policy (T-2R) is issued,
that policy will substitute "which become due and payable subsequent to Date of Policy" in Lieu of "for the
year 2013 and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
•. • VI _1- 1; -' 1 - 11 • 1 e •• 1 r - ••• • • rr . • •
10. The following matters and all terms of the documents creating or offering evidence of the matters (We
must insert matters or delete this exception.):
(09 -04451 PFD/09- 04451/30)
FORM T -7: Commitment for Tide Insurance (Schedule RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
EXHIBIT
SCHEDULE B
(Continued)
GF Number. 09 -04451
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.
(Note: Upon receipt of a survey acceptable to Company, this exception will be deleted. Company
reserves the right to add additional exceptions per its examination of said survey.)
b. Easement for right - of-way recorded in Volume 2063, Page 351, Deed Records of Tarrant County, Texas.
c. Easement for right- of-way recorded in Volume 2063, Page 353, Deed Records of Tarrant County, Texas.
d. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in
Volume 8220, Page 437, Deed Records of Tarrant County, Texas.
-- - - - - -- -- .
0203276040, Dccd Records of Torrent County, Tcxcs.
' � ■ tt as It e i _ • 5 V Y 9 .' 1. A i •i � • • • i l • i v �.! - 1 -i -• ,. r. . • a -
- • ,i e'.11 - - - - ■ • s - - _ _ _ _
t.
g. Terms, conditions, and stipulations contained, in lease agreement between Jeff Massey and wife, Jodie
Lynn Massey, as Lessor, and New CingularWireless PCS, LLC, as Lessee, a Memorandum of which is
filed for record under Clerk's File No. 0292219369, Deed Records of Tarrant County, Texas.
FORM T-7: Commitment for Title Insurance (Schedule (09-04451.PFD /09- 04451/30)
F) RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
EXHIBIT
a
r t-t
SETTLEMENT
AGREEMENT
EXHIBIT 11
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.028 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.028 acre of
land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the new West right -of -way line of North Kimball
Avenue, and lying N 89° 45' 37" W 49.42 feet, and S 00°49'31"E 92.80
feet, from a "PK" nail found marking the Northeast corner of said Massey
Tract. Said Point of Beginning also lying in the new West right -of -way line
of North Kimball Avenue;
THENCE S 00° 49' 31" E 300.00 feet, along the new West right -of -way
line of said North Kimball Avenue, to a point;
THENCE S 89° 10' 29" W 3,00 feet, to a point:
THENCE N 00° 49' 31" W 275.00 feet, along a line 3 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point;
THENCE S 89° 10' 29" W 7.00 feet. to a point;
THENCE N 00° 49' 31" W 25.00 feet, along a line 10 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point;
THENCE N 89° 10' 29" E 10.00 feet, to the POINT OF BEGINNING,
containing 0.028 acre (1,075 square feet) of land.
9,201 0Uegalslkimball- tegalsiESW 158
flIBITJ
SETTLEMENT
AGREEMENT
EXHIBIT I
1 w RICHARD HOLUDAY AND WIFE,
MARY ANN HOWDAY
VOL. 14325, PG. 524, D.R.T.C.T. =
I iI 1
i ORTHWEST CORNER
N MASSEY TRACT
"PK" NNL FOUND
(. 1/ 2" IRON ROD SET _
TUMBLEWEED
4. _ _ _ _ _ w TRAIL
G ay I "' °p � N 89°45'37"W
' 49.42'
N 89 ° 10'29 "E 10.00 0 1
N 00°49'31"W 25.00' 't0 POINT I BEGINNING
S 89 °10'29 "W 7.00'
JEFF MASSEY RIG T F — WA " Y
E
VOL. 16881, PG. 198 I
D.R.T.C.T. I
LOT 3, THE HILL ADDITION
VOL. 388 -159, PG. 96 I b
P.R.T.C.T. f PERMANENT WALL
I EASEMENT 3 2 1 _ _ _
10.025 ACRE / 1075 SQ.FT. 1 4 1 Yg CRIPPLE CREEK
ib t
`yam 0 CN - 0, - -
K ac O a e
v g ' i Z o 1 Z
NEW 1 ..� 1
RIGHT —OF —WAY UNE
S 89 °10'29 "W
3.00'
1/2" IRS I
— — — - ._._..___�._--- --- -- - - -- 1/" IRS
- - ---
SURVEY UNE CENTERLINE ROAD
— — — — — —
"PK" NAIL FOUND
— — �
_ — _ — SOUTHEAST CORNER
"PK" NAIL FOUND IN _ � I OF MASSEY TRACT
CENTERLINE OF ROAD
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4
PROPERTY CORNER NOTE
SCALE 1 �'a 100, ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2" IRS) WITH CAP MARKED "BRITTNN & CRAWFORD"
C O
1 1400 MAIN STREET, SOUTHLAKE , TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B" ..
BRrrrux ae: CRAWFORD �..�
LAND SURVEYING & PERMANENT WALL EASEMENT , f 4 ' ¢ *!`''-: '`.
TOPOGRAPHIC MAPPING - - J/WE5 �4 _BRfl'
0025 ACRE OF LAND z — W
w :> FAX t . ( ana u,» us a " ": LOCATED IN THE `% . `
F K w.. a,» .1-.,n
P.O. SOX , " " IAS 71"" " o �""" FRANCIS THROOP SURVEY . , su
Far •
.oRIM. icx.s »
EMAIL ABSTRACT No. 1511 ale s %
SOUTHLAKE. TARRANT COU REVI SEED D M AY 1 100 20NTY. TEXAS NV, 20 13
\ICR RALLVE3 -15\ MAY
SETTLEMENT
AGREEMENT
EXHIBIT J
NON - EXCLUSIVE RETAINING WALL EASEMENT AGREEMENT
IN SETTLEMENT OF CONDEMNATION
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
Effective as of May , 2013 (the "Effective Date ") that Brian Jeffrey Massey a/k/a/ Jeff
Massey, whose mailing address is 1200 Kimball Avenue, Southlake, TX 76092, hereinafter called
"Grantor," for and in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable
consideration paid by The City of Southlake, Texas, a municipal corporation, 1400 Main Street,
Southlake Texas, 76092, hereinafter referred to as "Grantee," in settlement of a pending
condemnation matter filed by Grantee and pursuant to this Non - Exclusive Retaining Wall Easement
Agreement In Settlement Of Condemnation (the "Permanent Retaining Wall Easement Agreement ")
has granted, and by these presents does grant unto said Grantee a non - exclusive retaining wall
easement under and across a strip of land depicted as "Permanent Retaining Wall Easement
Property" on Exhibit A and with a legal description of the Permanent Retaining Wall Easement
Property attached to this Permanent Retaining Wall Easement Agreement as Exhibit B (the
"Permanent Retaining Wall Easement Property ") for a retaining wall and related soil grading and a
surface concrete drainage flume to drain water from Grantor's property (the "Facilities ") in
connection with, and as is necessary for, the Kimball Avenue road expansion project (the "Project ");
pursuant to the terms and conditions set forth below:
Together with the right of ingress and egress along and upon the Permanent Retaining Wall
Easement Property for the purpose of and with the right to construct, reconstruct, maintain, repair,
and make connections to the Facilities.
Grantor reserves the right to use the Permanent Retaining Wall Easement Property for all
purposes that are not inconsistent with the specific rights granted to Grantee under this Permanent
Retaining Wall Easement Agreement. Without limitation, Grantor reserves the right to lay out,
dedicate, construct, maintain, cross, operate, repair, remove, replace, reconstruct, and use that part of
the surface of the Permanent Retaining Wall Easement Property (to the extent not used by Grantee
for above - ground Facilities) for underground telephone cables and conduits, fiber and
communication conduits, and gas, water and sewer pipe lines (collectively the "Allowable
Improvements "), provided, however, the Allowable Improvements do not damage the Facilities;
Grantee agrees to and shall construct, maintain, operate, repair, remove, replace, and reconstruct the
Facilities in accordance with the plans for the currently planned improvements for the Project, and to
cooperate with Grantor, Grantor's agents, and other utility providers to facilitate the installation of
any other above - ground or below - ground improvements, which cooperation will not unreasonably be
withheld. Grantor shall not use the Permanent Retaining Wall Easement Property for landscaping,
signage, or lighting, other than grass cover on all parts of the Permanent Retaining Wall Easement
Property except that part on which are located above - ground facilities, without Grantee's written
approval, which approval will not be unreasonably withheld, provided, however, that Grantor shall
have the right to plant flowers and shrubs (but no trees) on the Permanent Retaining Wall Easement
1
33215.4
EXHIBIT
I r
Property. No later than the conclusion of the work on the Project, Grantee will cover with St.
Augustine grass sod of a good quality all parts of the Permanent Retaining Wall Easement Property
except that part on which is located above - ground Facilities.
In the event Grantee's use of the Permanent Retaining Wall Easement Area causes any
damages to the Allowable Improvements, Grantee agrees to restore within a reasonable time, at
Grantee's soles cost, the Allowable Improvements to their pre - damage condition. However, nothing
contained in this Agreement shall constitute any required governmental approval of any
contemplated improvements, including pavement, or otherwise relieve Grantor from complying with
any applicable ordinances or obtaining any required permits and/or approvals prior to installation or
construction of any proposed improvement unless otherwise excused by the Settlement Agreement in
Lieu of Condemnation between Grantor and Grantee or applicable law.
As a material part of the consideration for this Permanent Retaining Wall Easement
Agreement, Grantee agrees that the use of the Permanent Retaining Wall Easement Property by
Grantee and by Grantee's successors and permitted assigns shall be restricted as follows: the
Permanent Retaining Wall Easement Property shall only be used for the Facilities. Grantor and
Grantee agree that this restriction shall be a covenant that runs with the land.
Grantee may not lease or sublease, or grant any property or possession rights of any kind, to
or within the Permanent Retaining Wall Easement Property without the prior written consent of
Grantor or Grantor's successor(s) in interest, which consent may be withheld for any reason
whatsoever, subject to the conditions and exceptions set forth below. Grantor hereby consents to
Grantee's agents and contractors performing work for Grantee on the Permanent Retaining Wall
Easement Property pursuant to the terms of this Permanent Retaining Wall Easement Agreement.
Grantee further may not assign or sell this Permanent Retaining Wall Easement Agreement or any
rights related to the Permanent Retaining Wall Easement Property except as set out below without
the prior written consent of Grantor, which consent may be withheld for any reason whatsoever. Any
attempted sale or assignment without Grantor' s prior written consent shall be void and of no force
and effect. Further, any sale or assignment shall not relieve Grantee from any liability hereunder,
which liability arose, in whole or in part, during the term of this Permanent Retaining Wall Easement
Agreement. Also, nothing contained in this Agreement shall prohibit Grantee from assigning the
Permanent Retaining Wall Easement to another governmental unit or entity that assumes control of
the adjacent right -of -way, including but not limited to Tarrant County and the Texas Department of
Transportation.
This Permanent Retaining Wall Easement Agreement is made by Grantor and accepted by
Grantee subject to the following additional exceptions, reservations, restrictions, conditions and
provisions:
1. The grant of rights under this Permanent Retaining Wall Easement Agreement is
subject to:
a) any and all of the following held or claimed by a governmental entity or
2
33215.4
utility provider, whether of record or not: (i) validly existing prescriptive
easements; (ii) visible and apparent rights of way; and (iii) visible and apparent
prescriptive rights;
b) all presently recorded easements, restrictions, reservations, covenants,
conditions, oil and gas leases, mineral interests, and water interests outstanding in
persons other than Grantor;
c) validly existing utility easements created by recorded dedication deed or
plat;
d) matters described on Exhibit C;
e) any law, ordinance, or governmental regulation (including but not limited
to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting, or relating to the Permanent Retaining Wall Easement Property,
Grantor's other property, or any part of any of the foregoing;
g) any discrepancies, conflicts, or shortages in area or boundary lines; and
h) any encroachments or overlapping of improvements, provided, however to
the extent that paving or landscaping existing as of the Effective Date overlaps or
encroach upon the Permanent Retaining Wall Easement Property, Grantee may
demolish and remove such existing paving or landscaping, at Grantee's sole cost
and expense and in accordance with the terms of this Permanent Retaining Wall
Easement Agreement.
2. The grant of rights under this Permanent Retaining Wall Easement Agreement is
subject to all visible encumbrances on, in, or affecting the Permanent Retaining Wall Easement
Property, Grantor's other property, or any part of any of the foregoing, provided, however that to the
extent that paving or landscaping existing as of the Effective Date overlaps or encroach upon the
Permanent Retaining Wall Easement Property, Grantee may demolish and remove such existing
paving or landscaping, at Grantee's sole cost and expense and in accordance with the terms of this
Permanent Retaining Wall Easement Agreement.
3. Grantee shall be entitled to use the Permanent Retaining Wall Easement Property
solely for the purposes expressly set forth in this Permanent Retaining Wall Easement Agreement
and for no other purpose. Until a new driveway is constructed from Kimball Avenue across the
Permanent Retaining Wall Easement Property to Grantor's property at a location approved in writing
by Grantor, which approval shall not be unreasonably withheld, Grantee shall not close or impede
access to Grantor's property over and through the existing driveways from Kimball that crosses the
Permanent Retaining Wall Easement Property, provided, however, Grantee may temporarily close
one of Grantor's existing driveways from Kimball Avenue if: i) it is necessary and unavoidable for
utility relocation and other construction activities in connection with the Project; and ii) Grantee
provides Grantor with an alternative, temporary access drive from Kimball to Grantor's property that
3
33215.4
is reasonably satisfactory to Grantor. During the Project, Grantee will: (i) provide continuous access
from Grantor's property to Highland Street across the existing drive from Grantor's property to
Highland Street or an alternative, temporary access drive from Grantor's property to Highland Street
that is reasonably satisfactory to Grantor; ii) provide continuous access to Grantor's entrances to the
buildings located on Grantor's property and/or iii) not impede Grantor's sidewalk on the east side of
Grantor's property adjacent to Grantor's existing building. Grantee will not store, or allow any other
person or entity to store, any gasoline, diesel or other fuel, oil, or any other dangerous, hazardous or
toxic materials or compounds on the Permanent Retaining Wall Easement Property.
4. It shall be Grantee's sole responsibility to ensure that the Facilities are installed so that
they will not interfere with or affect existing utilities, improvements, structures, and other
encumbrances (except to the extent that paving, driveway, or landscaping existing as of the Effective
Date overlaps or encroach upon the Permanent Retaining Wall Easement Property in which case
Grantee may demolish and remove such existing paving, driveway, or landscaping, at Grantee's sole
cost and expense and in accordance with the terms of this Permanent Retaining Wall Easement
Agreement), that the Permanent Retaining Wall Easement Property is adequate for Grantee's
intended and actual use, and that Grantee's use of the Permanent Retaining Wall Easement Property
complies with all state, federal, and local requirements for the excavation, construction,
reconstruction, installation, operation, repair, maintenance, replacement, alteration and/or removal of
Grantee's Facilities.
5. Grantee hereby agrees to obtain, and require its contractors, subcontractors, agents
and employees to obtain, all required permits and governmental approvals for all activity on or
affecting the Permanent Retaining Wall Easement Property so as to meet all regulatory requirements
and shall complete all work in accordance with City of Southlake, Texas specifications,
requirements, and contracts. Grantee shall construct, maintain, operate, repair, remove, replace, and
reconstruct the Facilities in accordance with City of Southlake, Texas specifications, requirements,
and contracts, and in accordance with all applicable federal, state and local laws, statutes, orders,
ordinances, rules, regulations, standards, plans, policies and decrees. Grantee shall, in all activities
undertaken pursuant to this Permanent Retaining Wall Easement Agreement, comply and require its
contractors, agents and employees to comply with all federal, state and local laws, statutes, orders,
ordinances, rules, regulations, standards, plans, policies and decrees.
6. Grantee will be solely responsible for the safety of all its employees, contractors,
subcontractors, consultants, invitees, agents and other persons who enter onto the Permanent
Retaining Wall Easement Property at the direction or request of Grantee. Further, Grantee shall
require its general contractor to obtain adequate insurance covering personal injury, death, and
property damage from his /its activities and the activities of its employees, subcontractors, consultants
or other agents entering the Permanent Retaining Wall Easement Property on the Permanent
Retaining Wall Easement Property. Such insurance will be the primary insurance coverage for any
claims and Grantor's insurance, if any, shall be considered secondary insurance.
7. Grantee will maintain the Facilities in good condition in accordance with City of
Southlake and any other applicable laws, ordinances, rules, and regulations. Upon completion of any
4
33215.4
construction, maintenance, repair, removal, replacement, reconstruction or other work on or in the
Permanent Retaining Wall Easement Property, Grantee shall promptly restore that part of the surface
of the Permanent Retaining Wall Easement Property that is not used for above - ground Facilities to a
landscaped condition consistent with the Project. If any other portion of Grantor's property outside
the Permanent Retaining Wall Easement Property is damaged as a result of Grantee's activities,
Grantee will promptly repair and restore such damaged area to its pre- damage condition. Grantor
shall be entitled to receive from the City Secretary's office, upon request, copies of all as -built
construction drawings for the Facilities to be located on the Permanent Retaining Wall Easement
Property at the later of 60 days after Grantee completes construction and any later reconstruction of
the Facilities or 30 days after Grantee receives such drawings.
8. It is expressly understood and agreed that this Permanent Retaining Wall Easement
Agreement does not constitute a conveyance in fee of any part of the Permanent Retaining Wall
Easement Property or a conveyance of any interest in the oil, gas (including casinghead gas and all
gaseous substances), hydrocarbons, other minerals, water, sulphur, or other materials in, on, and/or
under the Permanent Retaining Wall Easement Property, which rights are expressly retained by
Grantor, but only grants the non - exclusive easement rights specifically provided in this Permanent
Retaining Wall Easement Agreement; if the Permanent Retaining Wall Easement Property is subject
to existing production or an existing lease, this reservation includes the production, the lease, and all
benefits from it provided, however, that neither Grantor nor Grantor's agents or assigns shall explore
for, mine or drill for or otherwise produce the water, oil, gas (including casinghead gas and all
gaseous substances), hydrocarbons, or any other minerals reserved herein, from or on the surface of
the Permanent Retaining Wall Easement Property, but Grantor shall have the right to produce the
water, oil, gas, hydrocarbons, and other minerals reserved herein only by directional drilling or other
indirect means at a depth of not less than two hundred feet (200') below the surface in a manner
which does not enter upon, or interfere with Grantee's rights under this Permanent Retaining Wall
Easement Agreement.
9. Grantee shall not permit to be placed against the Permanent Retaining Wall Easement
Property, Grantor's other property, or any part of either, any design professionals', mechanics',
materialmen's contractors' or subcontractors' liens with regard to Grantee's actions and activities
upon or affecting the Permanent Retaining Wall Easement Property. GRANTEE AGREES, TO
THE EXTENT PERMITTED BY LAW, TO HOLD THE GRANTOR HARMLESS FOR
ANY LOSS ARISING FROM ANY SUCH LIENS WHICH MIGHT BE FILED AGAINST
GRANTOR'S PROPERTY, INCLUDING WITHOUT LIMITATION THE PERMANENT
RETAINING WALL EASEMENT PROPERTY. THE INDEMNITY AND OTHER RIGHTS
AFFORDED BY THIS SECTION SHALL SURVIVE THE TERMINATION AND
EXPIRATION OF THIS PERMANENT RETAINING WALL EASEMENT AGREEMENT.
10. The rights granted under this Permanent Retaining Wall Easement Agreement are
granted until the Facilities or use of the Permanent Retaining Wall Easement Property shall be
Abandoned, and in that event such rights shall cease and all rights granted under this Permanent
Retaining Wall Easement Agreement shall terminate and revert to Grantor or Grantor's heirs,
successors, assigns and /or legal representatives. "Abandon" or "Abandonment" as used herein, is
5
33215.4
defined as the non -use of the Facilities or the Permanent Retaining Wall Easement Property for the
purpose herein granted, for a continuous period of five years and the Grantee agrees that it has no
further intent to use the Permanent Retaining Wall Easement Property for any of the permitted
purposes.
11. No termination or expiration of the Permanent Retaining Wall Easement Agreement
shall release Grantee from any liability or obligation under this Permanent Retaining Wall Easement
Agreement.
12. In the event of a dispute between the parties with respect to the terms or conditions of,
or the rights or obligations under, this Permanent Retaining Wall Easement Agreement, the
prevailing party shall be entitled to collect from the other party its reasonable attorneys' fees.
13. If a court finds any provision of this Permanent Retaining Wall Easement Agreement
to be invalid or unenforceable as to any person or circumstance, such finding shall not render the
provision invalid or unenforceable as to any other persons or circumstances. To the extent feasible,
any provision found to be invalid or unenforceable shall be deemed to be modified to be valid and
enforceable; however, if a material provision cannot be so modified, then such invalidity, illegality,
or unenforceability shall not affect any other provision hereof, and this Permanent Retaining Wall
Easement Agreement shall be construed as if the invalid, illegal, or unenforceable provision had
never been contained herein, and the remaining provisions of this Permanent Retaining Wall
Easement Agreement will remain in effect.
14. This Permanent Retaining Wall Easement Agreement is not valid or binding on any
party unless executed by all of the parties listed below. This Permanent Retaining Wall Easement
Agreement may be executed in one or more counterparts, each of which shall be deemed an original
but all of which together shall constitute one and the same instrument.
15. The provisions of this Permanent Retaining Wall Easement Agreement shall extend to
and be binding upon Grantee and Grantor and their permitted successors and assigns, if any.
15. Grantee agrees and represents that: (i) this Permanent Retaining Wall Easement
Agreement is binding on Grantee and enforceable as an agreement in settlement of condemnation
under Texas A &M University- Kingsville v. Lawson, 87 S.W.3d 518 (Tex. 2002) and City of
Carrollton v. Singer, 232 S.W.3d 790 (Tex. App. - -Fort Worth 2007, pet. denied) as clarified by any
subsequent decisions of the Texas Supreme Court or the Fort Worth Court of Appeals. In the event
of a suit by Grantor against Grantee for breach of this Permanent Retaining Wall Easement
Agreement, Grantee will not assert immunity from such suit, pursuant to the law as set out in the
cases cited above.
16. GRANTEE IS TAKING THE PERMANENT RETAINING WALL
EASEMENT PROPERTY PURSUANT TO AN AGREEMENT BETWEEN THE PARTIES
IN SETTLEMENT OF CONDEMNATION. THE CONSIDERATION WAS BARGAINED
ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE
6
33215.4
AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR
EXPRESS OR IMPLIED WARRANTIES EXCEPT AS EXPRESSLY PROVIDED HEREIN,
IFANY. GRANTEE HAS NOT RELIED ON ANY INFORMATION PROVIDED BY
GRANTOR OR ANY PERSON OR ENTITY ACTING ON GRANTOR'S BEHALF OR FOR
WHOM GRANTOR HAS RESPONSIBILITY OTHER THAN GRANTEE'S INSPECTION.
TO HAVE AND TO HOLD unto Grantee, without warranty of title, either expressed or
implied, for the term hereinafter set forth, and subject to the terms, conditions, limitations,
reservations, and exceptions contained in this Permanent Retaining Wall Easement Agreement, until
the Facilities or use of the Permanent Retaining Wall Easement Property shall be Abandoned as
provided in this Permanent Retaining Wall Easement Agreement, and in that event said Permanent
Retaining Wall Easement Agreement shall cease, all rights herein granted shall terminate, and all
rights to use the Permanent Retaining Wall Easement Property shall automatically revert to Grantor
or Grantor's heirs, successors, assigns and /or legal representatives.
EXECUTED to be effective as of May _ , 2013.
GRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
By:
Brian Jeffrey Massey The Honorable John Terrell, Mayor
1200 North Kimball Avenue 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
Attest:
Alisha Richardson, City Secretary
REMAINDER OF PAGE INTENTIONALLY BLANK
7
33215.4
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared BRIAN JEFFREY MASSEY, known to me (or proved to me on the oath of
or through [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 May, 2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared the Honorable JOHN TERRELL, Mayor of the City of Southlake, known to me (or
proved to me on the oath of or through [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, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of May, 2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
8
33215
Exhibit "A"
Survey of Permanent Retaining Wall Easement Property
9
33215.4
RICHARD HOLUDAY AND WIFE,
MARY ANN HOLLIDAY w
VOL. 14325, PG. 524, D.R.T.C.T.
I k' '
I > ORTHWEST CORNER TRACT
co "PK" MASSEY FOUND
1/2" IRON ROD SET - -
0 _ TUMBLEWEED
-Z# -- - TRAIL
Ci`" 1 M
W� N 89 °45'37"W
N 89 °10 "E 10.00 o W I 49.42'
N 00 °49'31 "W 25.00' .60 POINT I BEGINNING
li
S 89 °10'29 "W 7.00'
PROPOSED NEW
JEFF MASSEY RIGHT-OF-WAY
VOL. 16881, PG. 198 1
D.R.T.C.T. I
LOT 3, THE HILL ADDf RON
VOL 388 -159, PG. 96 0
P.R.T.C.T. 3 I O
PERMANENT WALL _
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SURVEY UNE CENTERUNE ROAD II
- - - - " "PK" NAIL FOUND
_ _ - -
"PK" NAIL FOUND IN
- _ - SOUTHEAST CORNER
I OF MASSEY TRACT
CENTERLINE OF ROAD
I 1 5?o.�'L
1 i �
iy 4 1. s
c
i S
■ff .C...S.P. PROPERTY CORNER NOTE
SCALE 1"= 100' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2" IRS) WITH CAP MARKED "BRITAIN & CRAWFORD"
r••
S CITY OF SOUTHLAKE
1 400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B" -no/Pc'
B" - ` m
f Barn CRAWFORD 1 1 , ., E4CC
& LAND SURVEYING & PERMANENT WA o EASEMENT L . , x
~ / 7) Iz.- el1 - K„a a17) n. -ell: 0.025 ACRE - 1674 �..
fs1 W
FAX ri . (am .,� �� � � I 'TH)Ep� /may ' s b
P.O. D W r ° MO W fWs i 10 MOW' f RANCIS TnROO SURVEY - `sUR r
F7 I.pgTM. TEX# 711
nwa:.a .l.- el..bl Loom ABSTRACT No. 1511 .Moan
SOUTHLAKE, TARRANT COUNTY. TEXAS NOVEMB M' Y 2.2011
Vauew. s -IS\ REVISIT MAY 10, 2013
Exhibit "B"
Legal Description of Permanent Retaining Wall Easement Property
10
33215.4
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.028 acre of and located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.028 acre of
land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the new West right -of -way line of North Kimball
Avenue, and Tying N 89° 45' 37" W 49.42 feet, and S 00 °49'31 "E 92.80
feet, from a "PK" nail found marking the Northeast comer of said Massey
Tract. Said Point of Beginning also tying in the new West right -of -way line
of North Kimball Avenue;
THENCE S 00° 49' 31" E 300.00 feet, along the new West right -of -way
line of said North Kimball Avenue, to a point
THENCE S 89" 10' 29" W 3.00 feet, to a point;
THENCE N 00° 49' 31" W 275.00 feet, along a line 3 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point;
THENCE S 89° 10' 29" W 7.00 feet, to a point;
THENCE N 00° 49' 31" W 25.00 feet, along a line 10 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point;
THENCE N 89" 10' 29" E 10.00 feet, to the POINT OF BEGINNING,
containing 0.028 acre (1,075 square feet) of land.
g:201 OVegalsVdmbe ll- Iegais\ESW 158
EXHIBIT
T
Exhibit "C"
Exceptions To Title From Title Commitment
11
33215.4
SCHEDULE B
EXCEPTIONS FROM COVERAGE
GF Number: 09 -04451
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's
fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data
or delete this exception):
In policy to be issued, Item No. 1 will be deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
)
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 tow tide to the line of vegetation, or the rights of access to
that area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, 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. (If Texas Short Form Residential Mortgagee Policy (T--2R) is issued,
that policy will substitute "which become due and payable subsequent to Date of Policy' in lieu of "for the
year 2013 and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
S. Liens and Teases that afrvul tl is title to thu iae id, but dial. atv rate tv the lien of - the - irrsured
10. The following matters and all terms of the documents creating or offering evidence of the matters (We
must insert matters or delete this exception.):
(09- 04451.PFD /09- 04451130)
FORM T-7: Commitment for Title Insurance (Schedule t2ATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
E)
EXHIBIT
SCHEDULE B
(Continued)
GF Number. 09 -04451
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.
(Note: Upon receipt of a survey acceptable to Company, this exception will be deleted. Company
reserves the right to add additional exceptions per its examination of said survey.)
b. Easement for right - of-way recorded in Volume 2063, Page 351, Deed Records of Tarrant County, Texas.
c. Easement for right- of-way recorded in Volume 2063, Page 353, Deed Records of Tarrant County, Texas.
d. Easement for right-of-way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in
Volume 8220, Page 437, Deed Records of Tarrant County, Texas.
• ,
D208275040, Dccd Rccords of Tarrant County, Tcxos.
• rr - - - - • - - • •. ... a _ _ _ _
-Merfioremitif t.
g. Terms, conditions, and stipulations contained in lease agreement between Jeff Massey and wife, Jodie
Lynn Massey, as Lessor, and New Cingular Wireless PCS, LLC, as Lessee, a Memorandum of which is
filed for record under Clerk's File No. D212219369, Deed Records of Tarrant County, Texas.
FORM T-7: Commitmettt for Tide Insurance {Schedule (09.04451. AFDN09- 04451!30)
FORM TITLE COMPANY, FORT WORM, TEXAS
EXHIBIT
rA
SETTLEMENT
AGREEMENT
EXHIBIT K
TEMPORARY CONSTRUCTION EASEMENT IN SETTLEMENT OF
CONDEMNATION
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
Effective as of July 5, 2013 (the "Effective Date ") that Brian Jeffrey Massey a/k/a/ Jeff
Massey, whose mailing address is 1200 Kimball Avenue, Southlake, TX 76092, hereinafter
called "Grantor," for and in consideration of Ten and No /100 Dollars ($10.00) and other good
and valuable consideration paid by The City of Southlake, Texas, a municipal corporation,
1400 Main Street, Southlake Texas, 76092, hereinafter referred to as "Grantee," pursuant to this
Temporary Construction Easement Agreement in Settlement of Condemnation (the "Temporary
Easement Agreement ") does hereby grant unto Grantee a temporary, nonexclusive easement
( "Temporary Easement ") over the surface of the land with the legal description in Exhibit "A"
and shown on Exhibit "B" as the Temporary Construction Easement Area (the "Temporary
Easement Area "), such Temporary Easement Area to be utilized solely to accommodate
movement of equipment and materials and general construction activities in connection with the
Kimball Avenue road expansion project (the "Project "), but only as may be necessary for such
Project and only pursuant to the terms and conditions set forth below.
This temporary construction easement grant is made by Grantor and accepted by Grantee
subject to the following exceptions, reservations, restrictions, conditions and provisions:
1. The Temporary Easement is subject to all encumbrances, conditions, covenants,
restrictions, reservations, exceptions, rights of way, and easements affecting the
Temporary Easement Area or any part thereof, including building and zoning
ordinances, all laws, regulations and restrictions, and restrictions by municipal or
other governmental authorities applicable to and enforceable against the Temporary
Easement Area.
2. The Temporary Easement is subject to all visible encumbrances on, in, or affecting
the Temporary Easement Area.
3. Grantee, its agents, contractors, and subcontractors shall be entitled to use said
Temporary Easement Area solely to accommodate movement of equipment and
materials and general construction activities in connection with the Project, and only
as may be necessary for such Project and in accordance with the terms and conditions
of this Temporary Easement Agreement, subject to the termination provision,
provided however, the portion of the Temporary Easement Area exceeding fifteen
(15) feet in width and granted for purposes of the construction of a new driveway and
drive (the "New Driveway ") for Grantor pursuant to Paragraph 6.010 of the
Settlement Agreement in Lieu of Condemnation (the "Settlement Agreement ") shall
only be used for purposes of Grantee complying with its obligations under Paragraph
6.010 of the Settlement Agreement.
EXHIBIT
1 1 K 32475.8
4. Grantee's use of the Temporary Easement Area will be strictly limited to the use of
the surface of the Temporary Easement Area only, and will be further limited as
follows:
a) Until a new driveway is constructed across the Temporary Easement Area at a
location approved in writing by Grantor, Grantee shall not close or impede
access to Grantor's property over and through the existing driveways from
Kimball Avenue that cross the Temporary Easement Area, provided, however,
Grantee may temporarily close one of Grantor's existing driveways from
Kimball Avenue if: i) it is necessary and unavoidable for utility installation,
relocation or other construction activities in connection with the Project; and
ii) Grantee provides Grantor with an alternative, temporary access drive to
Grantor's property from Kimball Avenue that is reasonably satisfactory to
Grantor.
b) While this Temporary Easement Agreement is in effect and during the Project,
Grantee will: (i) provide continuous access from Grantor's property to
Highland Street across the existing drive from Grantor's property to Highland
Street or an alternative, temporary access drive from Grantor's property to
Highland Street that is reasonably satisfactory to Grantor; ii) provide
continuous access to Grantor's entrances to the buildings located on Grantor's
property and/or iii) not impede Grantor's sidewalk on the east side of Grantor's
property adjacent to Grantor's existing building.
c) Grantee will not store, or allow any other person or entity to store, any
gasoline, diesel or other fuel, oil, or any other dangerous, hazardous or toxic
materials or compounds on the Temporary Easement Area.
5. It shall be Grantee's sole responsibility to ensure that Grantee's use of the Temporary
Easement Area is adequate for Grantee's intended and actual use, and that Grantee's
use of the Temporary Easement Area complies with all state, federal, and local
requirements. Grantee hereby agrees to obtain, and require its contractors, agents and
employees to obtain, all required permits and governmental approvals for their
activity so as to meet all regulatory requirements and shall complete all work in a
good and workmanlike manner. No later than thirty (30) days after the Effective
Date, Grantee will install a temporary construction fence on the eastern boundary of
the Temporary Easement Area and will maintain such temporary construction fence
in good condition. No later than thirty (30) days after the earlier of (i) the termination
or expiration of this Temporary Easement Agreement or (ii) the date on which
Grantee's use of the Temporary Easement Area is completed, Grantee will remove the
temporary construction fence and shall cover any unimproved areas of the Temporary
Easement Area with St. Augustine grass sod of a good quality and shall repair any
damage to the sidewalk or other improvements located in the Temporary Easement
Area. Grantee shall, in all activities undertaken pursuant to this Temporary Easement
Agreement, comply and require its contractors, agents and employees to comply with
all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans,
policies and decrees.
2
32475.8
6. It is understood and agreed that this Temporary Easement grant is not a conveyance
of any land in the Temporary Easement Area but is a grant solely of the temporary
non - exclusive working space easement described herein. Without limitation, Grantor
and Grantor's heirs, successors, and assigns forever, reserve all water, oil, gas,
hydrocarbons, and other minerals in and under and that may be produced from the
Temporary Easement Area (the "Temporary Easement Property Reserved Estate ");
provided, however, that Grantor for the period of the Temporary Easement
Agreement and any extension of the Temporary Easement Agreement shall not
explore for, mine or drill for or otherwise produce the water, oil, gas (including
casinghead gas and all gaseous substances), hydrocarbons, or any other minerals
reserved herein, from or on the surface of the Temporary Easement Area, but during
such period Grantor shall have the right to produce the water, oil, gas, hydrocarbons,
and other minerals reserved herein only by directional drilling or other indirect means
at a depth of not less than two hundred feet (200') below the surface of the
Temporary Easement Area in a manner which does not enter upon, or interfere with
the occupancy, use or enjoyment of the surface of the Temporary Easement Area by
Grantee, its successors and assigns pursuant to the terms of this Temporary Easement
Agreement. This limitation on the Temporary Easement Area and/or the Temporary
Easement Property Reserved Estate will terminate and be of no further force or effect
when this Temporary Easement Agreement terminates or expires.
7. Grantee shall not permit to be placed against the Temporary Easement Area, or any
part thereof, any design professionals', mechanics', materialmen's, contractors' or
subcontractors' liens with regard to Grantee's actions and activities upon the
Temporary Easement Area. GRANTEE AGREES, TO THE EXTENT
PERMITTED BY LAW, TO HOLD THE GRANTOR HARMLESS FOR ANY
LOSS ARISING FROM ANY SUCH LIENS WHICH MIGHT BE FILED
AGAINST GRANTOR'S PROPERTY, INCLUDING WITHOUT
LIMITATION THE TEMPORARY EASEMENT AREA. THE INDEMNITY
AND OTHER RIGHTS AFFORDED BY THIS SECTION SHALL SURVIVE
THE TERMINATION AND EXPIRATION OF THIS TEMPORARY
EASEMENT AGREEMENT.
8. Grantor, Grantor's successors and assigns, and the tenants, invitees, and guests of any
of the foregoing, shall have the right to use the Temporary Easement Area for any
purpose or purposes whatsoever, provided that such use does not unreasonably
interfere with or obstruct the use of the Temporary Easement Area by Grantee for the
purposes specified and on the terms contained in this Temporary Easement
Agreement.
9. Upon the termination, expiration, or revocation of this Temporary Easement
Agreement, Grantee shall, at its own and sole cost and expense, restore the
Temporary Easement Area to the same or better condition in which it was prior to
Grantee's use, with the exception of the portion of the Temporary Easement Area
upon which Grantee will construct the New Driveway pursuant to Paragraph 6.010 of
the Settlement Agreement. In case Grantee shall fail to restore Grantor's property to
its prior condition within a reasonable time after the effective date of the termination,
expiration, or revocation, then Grantor may proceed with such work at the expense of
Grantee.
3
32475.8
10. No termination or expiration of the Temporary Easement Agreement shall release
Grantee from any liability or obligation under this Temporary Easement Agreement,
except that in the event of such termination or expiration, Grantee's obligation to
construct the New Driveway shall be conditioned upon Grantor agreeing to and
extend the Temporary Easement Agreement at no cost to Grantor in accordance with
Paragraph 16 below. This provision will not affect Grantee's right to extend the
Temporary Easement Agreement for a portion of the Temporary Easement Area in
accordance with Paragraph 15 below.
11. In the event of a dispute between the parties with respect to the terms, conditions,
rights, or obligation of or under this Temporary Easement Agreement, the prevailing
party shall be entitled to collect from the other party its reasonable attorneys' fees.
12. This Temporary Easement Agreement is not valid or binding on any party unless
executed and /or authorized by all of the parties listed below. This Temporary
Easement Agreement may be executed in one or more counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the
same instrument.
13. Grantee shall obtain, and shall require the general contractor entering the Temporary
Easement Area to obtain adequate insurance covering personal injury, death, and
property damage from his /its activities and the activities of its employees,
subcontractors, and consultants on the Temporary Easement Area.
14. This Temporary Easement Agreement will terminate and expire and be of no further
force and effect without further action or notice by or to Grantor or Grantee on the
earlier of: (i) expiration of twelve months from the Effective Date (the "Initial
Temporary Easement Term "), or (ii) upon final acceptance by the City of its
contractor's work on the Project as such work relates to Grantor's property.
15. At the conclusion of the Initial Temporary Easement Term, Grantee may elect to
extend the Temporary Easement Agreement to cover that part of the Temporary
Easement Area to the south of Grantor's existing buildings for one additional twelve
(12) month period to begin immediately at the conclusion of the Initial Temporary
Easement Term (the "Extension Period "). To exercise its right to so extend the time
period covered by the Temporary Easement Agreement, Grantee shall: i) give Grantor
written notice (the "Extension Notice ") no later than ninety (90) days before the
expiration of the Initial Temporary Easement Term that Grantee will exercise the
extension; ii) pay to Grantor, at the time of the Extension Notice, the sum of Two
Thousand Five Hundred Dollars ($2,500.00). If Grantor properly exercises its right
to extend the Temporary Easement Agreement for the Extension Period, then this
Temporary Easement Agreement will expire and be of no further force and effect
without further action or notice by or to Grantor or Grantee at the conclusion of the
Extension Period.
4
32475.8
16. If necessary for Grantee to construct the New Driveway, Grantor will agree to extend
the Temporary Easement Agreement to cover that portion of the Temporary
Easement Area required to construct the New Driveway for one additional twelve
(12) month period to begin immediately at the conclusion of the Initial Temporary
Easement Term at no cost to Grantee and for the sole purpose of permitting the
construction or completion of the New Driveway.
17. Grantee may not assign this Temporary Agreement or any of Grantee's rights under it
without Grantor's prior written consent, which consent will not be unreasonably
withheld, and any attempted assignment is void. The consent by Grantor to any
assignment by Grantee will not release Grantee of its obligations under this
Temporary Easement Agreement, and Grantee and the assignee will be jointly and
severally liable for the performance of those obligations after any such assignment.
This Temporary Easement Agreement binds, benefits, and may be enforced by the
parties and their respective heirs, executors, administrators, legal representatives,
successors, and permitted assigns, if any.
18. Grantee agrees and represents that: (i) this Temporary Easement Agreement is
binding on Grantee and enforceable as an agreement in settlement of condemnation
under Texas A &M University- Kingsville v. Lawson, 87 S.W.3d 518 (Tex. 2002) and
City of Carrollton v. Singer, 232 S.W.3d 790 (Tex. App. - -Fort Worth 2007, pet.
denied), as clarified by any subsequent decisions of the Texas Supreme Court or the
Fort Worth Court of Appeals. In the event of a suit by Grantor against Grantee for
breach of this Temporary Easement Agreement, Grantee will not assert immunity
from such suit, pursuant to the law as set out in the cases cited above.
EXECUTED as the dates of the respective acknowledgements hereinafter set forth,
but to be effective as of May _ , 2013.
GRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
By: By
Brian Jeffrey Massey The Honorable John Terrell, Mayor
Attest:
Alicia Richardson, City Secretary
REMAINDER OF PAGE INTENTIONALLY BLANK
5
32475.8
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared BRIAN JEFFREY MASSEY, known to me (or proved to me on the oath of
or through [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 May,
2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
6
32475.5
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared JOHN TERRELL, Mayor of the City of Southlake, known to me (or proved to me on
the oath of or through [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 May,
2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
7
32475.8
Exhibit "A"
Property Description of Temporary Easement Area
8
32475.8
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.261 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.261 acre of
land being more particularly described by metes and bounds as follows:
BEGINNING at a point in the new West right -of -way line of North Kimball
Avenue, and Tying N 89 45' 37" W 49.42 feet and S 00° 49' 31" E 15.00
feet, from a "PK" nail found marking the Northeast corner of said Massey
Tract;
THENCE S 00° 49' 31" E 77.80 feet, to a point;
THENCE S 89° 10' 29" W 10.00 feet, to a point;
THENCE S 00° 49' 31" E 25.00 feet, to a point;
THENCE N 89° 10' 29" E 7.00 feet, to a point;
THENCE S 00° 49' 31" E 275.00 feet, to a point;
THENCE N 89° 10' 29" E 3.00 feet, to a point;
THENCE S 00° 49' 31" E 85.27 feet, to a point;
THENCE S 45° 00' 00" W 19.71 feet, to a point;
THENCE N 89° 38' 59" W 10.87 feet, to a point;
THENCE N 00° 49' 31" W 164.99 feet, to a point;
THENCE S 88° 46' 50" E 7.31 feet, to a point;
THENCE N 00° 44' 35" W 192.81 feet, to a point;
THENCE S 89° 10' 29" W 13.21 feet, to a point;
THENCE N 00° 39' 36" W 92.65 feet, to a point;
THENCE N 75° 27' 39" W 109.12 feet, to a point;
THENCE S 89° 45' 37" E 135.59 feet, to the POINT OF BEGINNING,
containing 0.261 acre (11,389 square feet) of land.
EXHIBIT
G.120091LEGALS \KIMBALL- LEGALS \TEMP -15A Doc
Exhibit "B"
Survey of Temporary Easement Area
9
32475.8
RICHARD HOLUDAY AND WIFE,
CALL TABLE MARY ANN HOLUDAY z
L - S 00 °49'31 "E 77.80' VOL. 14325, PG. 524, D.R.T.C.T.
L -2 S 89 °10'29 "W 10.00'
L -3 5 00 °49'31 "E 25.00'
L -4 N 89°10'29 "E 7.00' POINT OF ce NORTHWEST CORNER
L -5 N 89 °10'29 "E 3.00' BEGINNING cn MASSEY TRACT
L - 5 88 °46'50"E 7.31' S 00°49'31"E "PK" NAIL FOUND
L - S 89 °45'37 "E 135.59' PROPOSED COMMON 15.00' - -
ACCESS EASEMENT _ TUMBLEWEED
- - I -7 ( TRAIL
N 7 109 '39"W 1
N 89°45'37"W
-1
1 N 00 °39'36 "W ,,,' • 1 RI HTOF-WAY
92.65' II -2 LINE
I
S 89 °10'29 "W 13.21' -i -4
1 3 1 I I
I
I W 1 1
JEFF MASSEY M p
LOT 3, THE HILL ADDITION VOL. 16881, PG. 198 4 M .6, Y<
VOL. 388 -159, PG. 96 't N °' ° 0
P.R.T_C.T. D.R.T.C.T.
al =
Q cJ �,, Tb4PORARY CONSTRUCTION z I N N I Z CRIPPLE N E REEK
OR h EASEMENT 0.261 ACRE L -6
�Q
, O +o . . 11,389 SQ.FT. PRDPO ED WALL EASEMENT
� Cf 2 � N 00°49'31 "W I — —
P c:, NEW I 164.99' 5 1 1
- I
RIGHT -OF -WAY LINE I
S 00 °1.9'31 "E
N 89 °38'59 "W - 85 27'
- - 1/2 IRSAI 10.87'
I
SURVEY UNE CENTERUN_E ROAD _
— - - - 'PK" NAIL FOUND
SOUTHEAST CORNER
"PK" NAIL FOUND IN
S 45 °0 '00 "WI OF MASSEY TRACT
CENTERLINE OF ROAD 19.71' I , ryy
1 1 1 � `' J +° h
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6 2
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SCALE 1 "= 100'
I
S
CITY OF SOUTHLAKE
2 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B"
[6 BRITTAIN &CRAWFORD TEMPORARY CONSTRUCTION -- /;, p ,.-
o . LAND SURVEYING x EASEMENT `� * +'�, m r,_v \ ^`,
TOPOGRAPHIC MAPPING 1 • .
0.261 ACRE OF LAND ` W JANE S L BRITTAIN =; ��TT ■
c151711326-0t11 FMNo.(�r626 -gM 469-311R LOCATED IN THE .f'• 16 �'� x
FA %Nw (1377) 928- 9347 ,, .% 4 5
P.O. BOX 11374 • 3908 SOUTH FREEWAY
FORT WORTH, TEXAS 76110 FRANCIS THROOP SURVEY ' � ° su R��J W
EMIL °'m'°'bnHaln-c'°'`°'d°w' ABSTRACT No. 1511
SOUTHLAKE, TARRANT COUNTY, TEXAS JULY 6, 2010
\KIMBALL�T -15A\ R EVISED : MA 28 , 201 12jgq $
SETTLEMENT
AGREEMENT
EXHIBIT L
SECTION 6
NONCONFORMING USES
(As amended by Ordinance No. 480 -N & 480 -QQ)
(As further amended by Ordinance No. 480 -WW)
(As further amended by Ordinance No. 480 -BBBB)
(As further amended by Ordinance No. 480 -KKKK)
6.1 INTENT - Within the districts established by this ordinance or amendments thereto that may
later be adopted, there exist lots, structures, and uses of land and structures which were lawful
before this ordinance was passed or amended, but which would be prohibited, regulated, or
restricted under the terms of this ordinance or future amendments. It is the intent of this
ordinance to permit these nonconformities to continue (whether by the same or different owners
or tenants) until they are removed, but not to encourage their survival. Such uses are declared
by this ordinance to be incompatible with permitted uses in the districts involved. It is further
the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or
extended, nor be used as grounds for adding other structures or uses prohibited elsewhere within
the same district. A nonconforming use of a structure or land shall not be extended or enlarged
after passage of this ordinance by the addition of uses of a nature which would be prohibited
generally in the district involved.
6.2 EXISTING BUILDING PERMITS - To avoid undue hardship, nothing in this ordinance shall be
deemed to require a change in the plans, construction, or designated use of any building or land
development project for which a building permit was lawfully issued no more than six months
prior to the date of adoption or amendment of this ordinance. Construction on a building permit
issued prior to the adoption of this ordinance must be begun within six months of the adoption
date and must be completed within two years of adoption as under Section 3.5, "Expiration of
Building Permit." Such permit shall not be renewed or extended without all other conditions of
this zoning ordinance having been met.
6.3 SIZE NONCONFORMITY OF LOTS OF RECORD - In any district in which single - family
dwellings or commercial buildings are permitted, notwithstanding limitations imposed by other
provisions of this ordinance, a single - family dwelling or commercial building and customary
accessory buildings may be erected on any single lot at the effective date of adoption or
amendment of this ordinance where zoning under this ordinance is otherwise proper. This
provision shall apply even though such lot fails to meet requirements for width or area, or both,
that are generally applicable in the district, provided that yard dimensions and other
requirements not involving area or width, or both, of the lot shall conform to the regulations for
the district in which such lot is located. Variance of yard requirements shall be obtained only
through action of the Board of Adjustment.
Nothing in the above paragraph shall apply to a mobile home previously legally permitted and
used or occupied as a residential dwelling on any tract of land within the city. Permits for use
and occupancy for the replacement of such mobile homes with HUD -code manufactured homes
is authorized. (as amended by Ord. 480 -QQ)
EXHIBIT
6 -1 L
6.4 NONCONFORMING USES OF LAND - Where, at the effective date of adoption or
amendment of this ordinance, lawful use of land exists that is made no longer permissible under
the terms of this ordinance as enacted or amended, such use may be continued, so long as it
remains otherwise lawful, subject to the following provisions:
a. No such nonconforming use shall be enlarged or increased, nor extended to occupy a
greater area of land than was occupied at the effective date of adoption or amendment of
this ordinance;
b. A nonconforming use, if changed to a conforming use, may not thereafter be changed
back to a nonconforming use. A nonconforming use, if changed to a more restrictive
nonconforming use, may not thereafter be changed except to an equal or a more
restricted use;
c. No such nonconforming use shall be moved in whole or in part to any other portion of
the lot or parcel occupied by such use at the effective date of adoption or amendment of
this ordinance;
d. No additional structures shall be erected in connection with such nonconforming use of
land.
6.5 NONCONFORMING STRUCTURES - Where a lawful structure exists at the effective date of
this ordinance or amendment thereof that could not be built under the terms of this ordinance by
reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure
or its location on the lot, such structure may be continued so long as it remains otherwise lawful,
subject to the following provisions:
a. Such structure may not be enlarged in a way which increases its nonconformity;
b. Such structure may not be altered in a way which increases its nonconformity;
c. Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations of the district in which it is located after it is
moved.
Nothing in the above paragraph shall apply to a mobile home previously legally permitted and
used or occupied as a residential dwelling on any tract of land within the city. Permits for use
and occupancy for the replacement of such mobile homes with HUD -code manufactured homes
is authorized. (as amended by Ordinance 480 -QQ)
6.6 NONCONFORMING USES OF STRUCTURES - If a lawful use of a structure exists at the
effective date of adoption or amendment of this ordinance, that would not be allowed in the
district under the terms of this ordinance, the lawful use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
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a. No existing structure devoted to a use not permitted by this ordinance in the district in
which it is located shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in the
district in which it is located;
b. A nonconforming use, if changed to a conforming use, may not thereafter be changed
back to a nonconforming use. A nonconforming use, if changed to a more restrictive
nonconforming use, may not be thereafter changed except to an equal or to a more
restricted use;
c. Any nonconforming use may be extended throughout any parts of a structure which were
manifestly arranged or designed for such use at the time of adoption or amendment of
this ordinance, but no such use shall be extended to occupy any land outside such
structure.
6.7 REPAIRS AND MAINTENANCE - On any building devoted in whole or in part to any
nonconforming use, work may be done in any period of 12 consecutive months on ordinary
repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an
extent not exceeding twenty -five percent (25 %) of the current replacement value of the building,
provided that the cubic content of the building as it existed at the time of passage or amendment
of this ordinance shall not be increased.
If a building or portion of a building containing a nonconforming use becomes physically unsafe
or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized City
official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be
restored, repaired, or rebuilt except in conformity with the regulations of the district in which it
is located.
Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
6.8 SPECIAL EXCEPTION USES /SPECIFIC USE PERMITS: NOT NONCONFORMING USES -
Any use for which a special exception or specific use permit is granted pursuant to this
ordinance shall not be deemed a nonconforming use, but shall, without further action be deemed
a conforming use in such district only for the single property granted such special exception or
specific use permit.
Any special exception or specific use permit heretofore granted by the Board of Adjustment or
City Council which was lawfully existing at the effective date of this ordinance but which is no
longer permitted under this ordinance or amendment thereof shall be considered a
nonconforming use and shall be subject to all terms of this ordinance relating to nonconforming
uses, unless the zoning classification under this ordinance for the property to which the special
6 -3
use attaches allows that particular use. Any special exception or specific use permit which has
expired or which is not in compliance with the conditions placed upon such use shall not be
permitted to continue.
6.9 DISCONTINUANCE OR ABANDONMENT (Amended by Ordinance 480 -BBBB)
a. If a legal, non - conforming use is either discontinued or abandoned under the terms and
conditions of this section, such use shall not be resumed and any further use shall be in
conformity with the provisions of this ordinance.
b. For the purpose of this section, "abandonment" shall be defined as intent by the owner to
permanently close or cease the use, coupled with any act or statement by the owner that
manifests such intent. The following conditions, events or conduct shall be presumed to
constitute intent to abandon a non - conforming use:
1. the closure or cessation of the non - conforming use for a period of one hundred
twenty (120) consecutive days;
2. the failure of the owner to repair the structure or property used to operate the
non - conforming use within thirty (30) days after the chief building official or
code enforcement officer has given the owner written notice that the building,
structure or property is:
(a) in an advanced stage of dilapidation, as determined by either the zoning
administrator or the chief building official;
(b) in violation of one or more applicable health and safety codes adopted by
the City that govern the use or condition of structures designed for
human occupancy, as amended, including but not limited to the
applicable building, plumbing, electrical, mechanical, and life safety
codes as adopted by the City; or
(c) otherwise unsafe for the continuation of the current use or occupancy.
c. For the purpose of this section, "discontinuance" shall be defined as follows:
1. When a non - conforming use has historically been operated on a continuous
basis, a closure or cessation of a use for a period of one hundred eighty (180)
consecutive days, irrespective of whether the owner has actual intent to abandon
the use.
2. When a non - conforming use has historically been operated only on a seasonal
basis, such use shall be deemed to have been discontinued, regardless of whether
the owner has actual intent to abandon the use, if either:
6-4
(a) the structure or property upon or in which the use has been operated is
closed or the non - conforming use ceases to operate for a period of one
hundred eighty (180) consecutive days; or
(b) the structure or property upon or in which the use has been operated is
closed or the non - conforming use ceases to operate in a bona -fide
manner during one or more normal and customary seasons or periods of
operation during which the non - conforming use has historically been
operated.
d. Upon the request of the City or any other interested complainant, including the owner of
any real property located within one thousand (1,000) feet of the real property containing
a legal non - conforming use or structure, the zoning administrator shall make a written
determination as to whether such use has been abandoned or discontinued as provided
herein.
e. If the complainant or the owner of the nonconforming use wishes to appeal a
determination of the zoning administrator as to whether the non - conforming use has
been abandoned or discontinued, such person may perfect an appeal by filing a written
notice of appeal with the zoning administrator and city secretary and paying the
applicable fee within ten (10) business days of the zoning administrator's decision.
Upon the filing of such an appeal, the board of adjustment shall, as soon as practicable,
hold a public hearing on such appeal, and, following such public hearing, may reverse
the decision of the zoning administrator based on a majority vote of the members present
and voting. The complainant shall bear the burden of proof and persuasion to establish
either that the non - conforming use has been closed or ceased for a period of one hundred
twenty (120) consecutive days or that the owner of the non - conforming use has failed to
repair the structure or property used to operate the non - conforming use within thirty (30)
days after the chief building official or code enforcement officer has given the owner
written notice as described above. The owner of the nonconforming use shall bear the
burden of proof and production to establish that the owner of the nonconforming use did
not have actual intent to abandon the use.
6 -5
6.10 DESTRUCTION OR DAMAGE TO NONCONFORMING STRUCTURE OR USE
(Amended by Ordinance 480 -BBBB)
a. Nonconforming Structures.
1. If a legal nonconforming structure is totally destroyed or partially damaged by the
elements, fire, other catastrophe, or other casualty, the structure may not be
repaired or reconstructed except in conformity with the provisions of this
ordinance.
2. If a nonconforming structure is partially damaged by the elements, fire, other
catastrophe, or other casualty, and the owner of the nonconforming structure
wishes to repair or reconstruct the damaged structure, upon submission of a
request for a building permit, the zoning administrator shall first determine in
writing whether the cost of repair or reconstruction is less than fifty percent
(50 %) of the structure's fair market value immediately preceding the casualty,
exclusive of the value of the real property. In making a determination regarding
the cost of repair or reconstruction, the zoning administrator shall include all
costs to make all repaired or reconstructed portions of the structure conform to all
applicable health and safety codes adopted by the City that govern the use or
condition of structures designed for human occupancy, as amended, including but
not limited to the applicable building, plumbing, electrical, mechanical, and life
safety codes as adopted by the City.
3. If the zoning administrator determines that the cost of repair or reconstruction is
less than fifty percent (50 %) of the structure's fair market value immediately
preceding the casualty, exclusive of the value of the real property, and the owner
of the nonconforming structure complies with all other requirements of the City
Code, the owner of the nonconforming use or structure shall be entitled to a
building permit permitting the owner to repair or reconstruct the damaged
structure, provided that all repaired or reconstructed portions of the structure shall
conform to all applicable health and safety codes adopted by the City as described
above. If the zoning administrator determines that the cost of repair or
reconstruction is equal to or greater than fifty percent (50 %) of the structure's fair
market value immediately preceding the casualty, exclusive of the value of the
real property, the owner of the nonconforming structure shall be entitled to a
building permit authorizing the owner to repair or reconstruct the damaged
structure only if the proposed repairs and reconstruction completely eliminate the
non - conformity; otherwise, the owner shall be required to demolish the damaged
structure and bring the property into full conformity with the terms of this
ordinance.
6 -6
4. If a legal nonconforming structure is (Amended by Ord. No. 480 - KKKK):
(a) totally destroyed or partially damaged by the elements, fire,
other catastrophe or casualty; and
(b) the nonconformity is completely or partially the result of
noncompliance with minimum yard (building setback), maximum lot
coverage or maximum impervious coverage regulations; and
(c) the lot where the structure is or was located was decreased in size
before the destruction or damage as the result of land or right -of -way
acquisition by a public agency having the power of eminent domain; the
building official shall include the area acquired by the public agency
with the area of the lot when deciding whether the structure complies
with the minimum yard (building setback), maximum lot coverage and
maximum impervious coverage regulations.
This subsection only applies when deciding whether a property owner is entitled
to a building permit after a legal nonconforming structure is totally destroyed or
partially damaged. Any reconstruction or replacement shall not cause a greater
extent of nonconformance than the pre- existing structure excluding the area
acquired by the public agency. The reconstruction or replacement shall not be in
conflict with the real estate interest of any public agency and must otherwise
conform to the regulations of this Ordinance. The expansion, enlargement or
intensification of a preexisting nonconforming use or structure during
reconstruction or replacement shall not be allowed under this subsection and
shall be regulated by the provisions of Section 6.
b. Nonconforming Uses.
1. If a structure used in the operation of a legal nonconforming use is totally
destroyed or partially damaged by the elements, fire, other catastrophe, or other
casualty, the structure may not be repaired or reconstructed and the
nonconforming use may not be recommenced except in conformity with the
provisions of this ordinance.
2. If a structure used in the operation of a legal nonconforming use is partially
damaged by the elements, fire, other catastrophe, or other casualty, and the owner
of the nonconforming use wishes to repair or reconstruct the damaged structure,
upon submission of a request for a building permit, the zoning administrator shall
first determine in writing whether the cost of repair or reconstruction is less than
6 -7
fifty percent (50 %) of the structure's fair market value immediately preceding the
casualty, exclusive of the value of the real property. In making a determination
regarding the cost of repair or reconstruction, the zoning administrator shall
include all costs to make all repaired or reconstructed portions of the structure
conform to all applicable health and safety codes adopted by the City that govern
the use or condition of structures designed for human occupancy, as amended,
including but not limited to the applicable building, plumbing, electrical,
mechanical, and life safety codes as adopted by the City.
3. If the zoning administrator determines that the cost of repair or reconstruction is
less than fifty percent (50 %) of the structure's fair market value immediately
preceding the casualty, exclusive of the value of the real property, upon obtaining
all required permits, the owner may repair or reconstruct the structure and
continue the nonconforming use. If the zoning administrator determines that the
cost of repair or reconstruction is equal to or greater than fifty percent (50 %) of
the structure's fair market value immediately preceding the casualty, exclusive of
the value of the real property, the owner may not repair or reconstruct the
structure, and shall discontinue the nonconforming use.
c. Multiple Structures used in Operation of Non - Conforming Use.
1. If an individual structure(s) used in operation of a legal non - conforming use is
destroyed or damaged by the elements, fire, other catastrophe, or other causes,
and the owner of the nonconforming structure wishes to repair or reconstruct the
damaged structure, the zoning administrator shall first determine in writing
whether the cost of repair or reconstruction is less than fifty percent (50 %) of the
total value of structures and improvements used to conduct the nonconforming
use, exclusive of the value of the real estate, and whether the destroyed or
damaged structure(s) constituted an integral part of the nonconforming use
without which the nonconforming use cannot be profitably operated. In making a
determination regarding the cost of repair or reconstruction, the zoning
administrator shall include all costs to make all repaired or reconstructed portions
of the structure conform to all applicable health and safety codes adopted by the
City that govern the use or condition of structures designed for human occupancy,
as amended, including but not limited to the applicable building, plumbing,
electrical, mechanical, and life safety codes as adopted by the City.
2. (a) If the zoning administrator determines that the cost of repair or
reconstruction is less than fifty percent (50 %) of the total value of
structures and improvements used to conduct the nonconforming use,
exclusive of the value of the real estate, and that the destroyed or
damaged structure(s) constituted an integral part of the nonconforming
use without which the nonconforming use cannot be profitably operated,
and the owner of the nonconforming structure complies with all other
6 -8
requirements of the City Code, the owner of the nonconforming use or
structure shall be entitled to a building permit permitting the owner to
repair or reconstruct the damaged structure, provided that all repaired or
reconstructed portions of the structure shall conform to all applicable
health and safety codes adopted by the City as described above, and shall
be entitled to continue to use the repaired or reconstructed structure in
operation of the non - conforming use.
(b) If the zoning administrator determines both that the cost of repair or
reconstruction is equal to or greater than fifty percent (50 %) of the total
value of structures and improvements used to conduct the nonconforming
use, exclusive of the value of the real estate, and that the destroyed or
damaged structure(s) constituted an integral part of the nonconforming
use without which the nonconforming use could be profitably operated,
the owner may not repair or reconstruct the structure and shall discontinue
the nonconforming use.
(c) If the zoning administrator determines that the cost of repair or
reconstruction is equal to or greater than fifty percent (50 %) of the total
value of structures and improvements used to conduct the nonconforming
use, exclusive of the value of the real estate, but that the destroyed or
damaged structure(s) did not constitute an integral part of the
nonconforming use without which the nonconforming use could be
profitably operated, the owner may not repair or reconstruct the structure
but may continue the nonconforming use.
(d) If the zoning administrator determines that the cost of repair or
reconstruction is less than fifty percent (50 %) of the total value of
structures and improvements used to conduct the nonconforming use,
exclusive of the value of the real estate, but that the destroyed or damaged
structure(s) did not constitute an integral part of the nonconforming use
without which the nonconforming use could be profitably operated, the
owner of the nonconforming use or structure shall be entitled to a
building permit permitting the owner to repair or reconstruct the damaged
structure, provided that all repaired or reconstructed portions of the
structure shall conform to all applicable health and safety codes adopted
by the City as described above, but shall not be entitled to continue to use
the repaired or reconstructed structure in operation of the non - conforming
use.
d. Conditions on Repair or Reconstruction. All repaired or reconstructed portions of the
structure shall conform to all applicable health and safety codes adopted by the City as
described above. Notwithstanding any provision of this section to the contrary, the costs
for repair or reconstruction of any damaged or destroyed structure(s) may not be included
6 -9
in determining the owner's investment in the non - conforming use subject to recoupment
or amortization, and also shall not be included in any subsequent proceedings regarding
amortization of the nonconforming use. If the zoning administrator and /or Board of
Adjustment have previously permitted repair or reconstruction or a non - conforming
structure or a structure used in the operation of a non - conforming use, the owner of the
nonconforming use shall bear the burden of proof and production to establish that the
costs of repair or reconstruction have been excluded in any subsequent proceedings
regarding amortization of the nonconforming use. The zoning administrator and /or
Board of Adjustment may also impose other conditions on repair or reconstruction to
prevent such repair or reconstruction from unduly delaying the return of such property to
a conforming use and to prevent the increase of any nonconformity of a nonconforming
structure or use beyond what existed prior to the casualty, and to require that the
reconstructed structure conforms in all other respects to the all requirements of the
ordinances of the City. The determination of the Board of Adjustment on these issues
shall be final.
e. Special Exception for Financial Hardship.
1. If the zoning administrator determines that the cost of repair or reconstruction is
equal to or greater than fifty percent (50 %) of the structure's fair market value
immediately preceding the casualty, exclusive of the value of the real property,
and either the owner of the nonconforming use or structure does not timely appeal
that determination or the board of adjustment affirms that determination, the
owner of the nonconforming use or structure may request a special exception
permitting the owner of the nonconforming use or structure to repair and /or
reconstruct the structure and /or continue the nonconforming use by filing a
written request for special exception relating to continuance of a non - conforming
use or structure with the zoning administrator and city secretary and paying the
applicable fee within ten (10) business days of the date of determination of the
zoning administrator, or within ten (10) business days of the date the board of
adjustment affirms the determination of the zoning administrator, as may be
applicable.
2. Upon the filing of such a request for special exception, the board of adjustment
shall, as soon as practicable, hold a public hearing on such request and, following
such public hearing, may grant the special exception and authorize repair and
reconstruction if the board of adjustment determines that the financial hardship
caused the owner of the nonconforming use or structure outweighs any negative
impacts on the City and surrounding properties caused by the continuation of
operation of the non - conforming use. When making this determination, the
Board of Adjustment shall consider the property rights both of the owner of the
non - conforming structure or non - conforming use and the owners of adjacent and
nearby properties, the desirability for all property to conform to the regulations of
this ordinance, the character of the area surrounding the non - conforming use or
6 -10
structure, the historic uses of the area surrounding the non - conforming use or
structure, the adverse impacts, if any, of the non - conforming structure or use on
the surrounding property and neighborhood, the diminishment ofvalue, if any, of
the surrounding property and neighborhood due to the continuance of the non-
conforming structure or non - conforming use, and the public welfare, including
any person or persons affected by the continuation of the non - conforming
structure or non - conforming use.
3. The owner of the nonconforming use or structure will bear the burden of proof
and persuasion on the property rights of the owner of the nonconforming use or
structure, the investment of the owner in the non - conforming structure or non-
conforming use, and the past and /or anticipated future profitability of the non-
conforming structure or non - conforming use, and any other circumstances which
support the granting of the special exception. The City will bear the burden of
proof and persuasion on the property rights of the owners of adjacent and nearby
properties, the desirability for all property to conform to the regulations of this
ordinance, the character of the area surrounding the non - conforming use or
structure, the historic uses of the area surrounding the non - conforming use or
structure, the adverse impacts, if any, of the non - conforming structure or use on
the surrounding property and neighborhood, the diminishment of value, if any, of
the surrounding property and neighborhood due to the continuance of the non-
conforming structure or non - conforming use, and the public welfare, including
any person or persons affected by the continuation of the non - conforming
structure or non - conforming use. The determination of the Board of Adjustment
shall be final.
f. Single family residences. Notwithstanding anything herein to the contrary, a non-
conforming single family residence which is damaged or destroyed shall be permitted to
be reconstructed without approval of the zoning administrator or Board of Adjustment
regardless of the extent of destruction provided that the reconstruction complies with all
current building codes and is commenced within six (6) months ofthe date of destruction.
The failure of the owner to start such reconstruction within six (6) months shall forfeit
the owner's right to restore or reconstruct the dwelling except in conformance with this
ordinance.
g. Appeals. If the owner of the nonconforming use or structure wishes to appeal a
determination of the zoning administrator under this section, the owner may do so by
filing a written notice of appeal with the zoning administrator and city secretary and
paying the applicable fee within ten (10) business days of the zoning administrator's
decision. Upon the filing of such an appeal, the board of adjustment shall, as soon as
practicable, hold a public hearing on such appeal, and, following such public hearing,
shall decide such appeal. The owner of the nonconforming use or structure shall bear the
burden of proof and production at such appeal hearing to establish that the zoning
administrator's determination should be reversed. The determination of the Board of
6 -11
Adjustment shall be final.
h. Failure to timely commence repair or reconstruction. With regard to any request to repair
or reconstruct under this section, if the owner of a nonconforming use or structure fails to
begin reconstruction of the structure (when permitted to do so by the terms of this
ordinance) within six (6) months of the later of the date of issuance of a building permit,
the nonconforming structure or use shall be deemed to be discontinued or abandoned as
provided in Section 6.9 above.
Notice and Procedures for Board of Adjustment Hearing. Prior to any hearing before the
Board of Adjustment under this section, the zoning administrator shall provide the owner
of any nonconforming use or structure for which termination or amortization is sought
with at least thirty (30) days prior written notice of the appeal hearing. Such written
notice shall make specific reference to this section. At the public hearing on the issue,
the owner may appear in person and/or by counsel, and the City and the owner may
present any evidence, written or oral, to the Board, which each deems relevant. The
Board will not be bound by formal rules of evidence. The City will be represented by the
City Attorney. The Board may also retain separate legal counsel to represent and advise
the Board, and the City shall pay for such counsel.
6.11 AMORTIZATION OF NONCONFORMING USES (Amended by Ordinance 480 -BBBB)
a. The Board of Adjustment may from time to time on its own motion, on the City's
motion, or upon cause presented by interested persons, inquire into the existence,
continuation or maintenance of any nonconforming use within the City. The Board of
Adjustment may take specific action to abate, remove, limit or terminate any
nonconforming use or structure under the guidelines established in this section.
b. The Board of Adjustment may order the immediate termination of a nonconforming use
or structure if the Board determines that the owner's investment in the nonconforming
use or structure has been recouped through amortization over time.
c. Alternatively, if the Board determines that the owner's investment in the nonconforming
use or structure has not been recouped through amortization at the time of the hearing,
the Board of Adjustment may order the termination of a nonconforming use or structure
on such future date by which the Board determines the owner's investment in the
nonconforming use or structure will be recouped through amortization.
d. In making any determination under this section, the Board of Adjustment shall first hold
a public hearing. The zoning administrator shall provide the owner of any
nonconforming use or structure for which termination or amortization is sought with at
least thirty (30) days prior written notice of the action sought. Such written notice shall
make specific reference to this section.
6 -12
e. In making any determination under this section, the Board shall consider the investment
of the owner in the non - conforming structure or non - conforming use, the past and /or
anticipated future profitability of the non - conforming structure or non - conforming use,
the desirability for all property to conform to the regulations of this ordinance, the
character of the area surrounding the non - conforming use or structure, the historic uses
of the area surrounding the non - conforming use or structure, the adverse impacts, if any,
of the non - conforming structure or use on the surrounding property and neighborhood,
the diminishment of value, if any, of the surrounding property and neighborhood due to
the continuance of the non - conforming structure or non - conforming use, the property
rights both of the owner of the non - conforming structure or non - conforming use and the
owners of adjacent and nearby properties, and the public welfare, including any person
or persons affected by the continuation of the non - conforming structure or non-
conforming use.
f. The City will bear the burden of proof and persuasion on the desirability for all property
to conform to the regulations of this ordinance, the character of the area surrounding the
non - conforming use or structure, the historic uses of the area surrounding the non-
conforming use or structure, the adverse impacts, if any, of the non - conforming structure
or use on the surrounding property and neighborhood, the diminishment of value, if any,
of the surrounding property and neighborhood due to the continuance of the non-
conforming structure or non - conforming use, the property rights of the owners of
adjacent and nearby properties, and the public welfare, including any person or persons
affected by the continuation of the non - conforming structure or non - conforming use.
The owner of the nonconforming structure or use will bear the burden of proof and
persuasion on the owner's property rights, the investment of the owner in the non-
conforming structure or non - conforming use, and the past and /or anticipated future
profitability of the non - conforming structure or non - conforming use. The decision of
the Board of Adjustment shall be final.
g. Prior to any hearing before the Board of Adjustment under this section, the zoning
administrator shall provide the owner of any nonconforming use or structure for which
termination or amortization is sought with at least thirty (30) days prior written notice of
the appeal hearing. Such written notice shall make specific reference to this section. At
the public hearing on the issue, the owner may appear in person and/or by counsel, and
the City and the owner may present any evidence, written or oral, to the Board, which
each deems relevant. The Board will not be bound by formal rules of evidence. The
City will be represented by the City Attorney. The Board may also retain separate legal
counsel to represent and advise the Board, and the City shall pay for such counsel.
h. No outside storage or display that is not in conformity with this ordinance shall be
allowed.
6 -13
SETTLEMENT
AGREEMENT
EXHIBIT M
EXHIBIT "M"
DRIVEWAY AND DRIVE SPECIFICATIONS
1. The New Driveway will be constructed to at least the following specifications:
a. 2 inches of compacted minus 2 gravel base
b. 6 inches of concrete, with concrete 3500 psi @ 28 days
c. # 4 rebar, 16 inches on center each way
d. Expansion joints at least every 20 feet, with smooth dowel bars installed in each
expansion joints
2. The New Drive will be constructed to at least the following specifications:
a. 24 feet in width, measured from bottom of curb to bottom of curb
b. Standard curbs
c. 2 inches of compacted minus 2 gravel base
d. 6 inches of concrete, with concrete 3500 psi @ 28 days
e. # 4 rebar, 16 inches on center each way
f. Expansion joints at least every 20 feet, with smooth dowel bars installed in each
expansion joints
EXHIBIT
32476.3
SETTLEMENT
AGREEMENT
EXHIBIT N
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MASSEY /HOLLIDAY �. a n d Associate
DRA CITY OF SOUTHLAKE M „„� - w„� 15nIr
PROPERTY NORTH KIMBALL AVENUE
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SETTLEMENT
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SETTLEMENT
AGREEMENT
EXHIBIT P
THE FOLLOWING COMMITMENT FOR'1 INSURANCE IS NOT VALID UNLESS YOUR
NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED
REPRESENTATIVE HAS COUNTERSIGNED BELOW.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
CHICAGO TITLE INSURANCE COMPANY
We, Chicago Title Insurance Company, will issue our title insurance policy or policies (the Policy) to
You (the proposed insured) upon payment of the premium and other charges due, and compliance with
the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas
Department of Insurance at the date of issuance, and will insure your interest in the land described in
Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D.
There may be additional charges such as recording fees, and expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or
failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of
this Commitment and end when this Commitment expires.
Authorized Countersignature CHICAGO nriz INSURANCE COWS
Jr;
RATTIKIN TITLE COMPANY 1 , �
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EXHIBIT
1
Form No. 72C13443 (11/2009) Commitment For Title Insurance (T -7)
TEXAS TITLE INSURANCE INFORMATION
Chicago Title Insurance Company
Title insurance insures you against loss resulting El seguro de titulo le asegura en relacion a perdidas
from certain risks to your title. resultantes de ciertos riesgos que pueden afectar el
titulo de su propriedad.
The commitment for Title Insurance is the title El Compromiso para Seguro de Titulo es la
insurance company's promise to issue the title promesa de la compania aseguradora de titulos de
insurance policy. The commitment is a legal emitir la poliza de seguro de titulo. El Compromiso
document. You should review it carefully to es un documento legal. Usted debe leerlo
completely understand it before your closing date. cuidadosamente y endenterlo complemtente antes
de la fecha para finalizar su transaccion.
Your Commitment for Title insurance is a legal contract between you and us. The Commitment is not an opinion
or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title insurance (the Commitment) or a Title Insurance Policy (the Policy), the
Title Insurance Company (the Company) determines whether the title is insurable. This determination has
already been made. Part of that determination involves the Company's decision to insure the title except for
certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached
Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by
the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the
ownership of any mineral interest.
-- MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may
be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the
Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding
lawns, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues
the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the
optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain
requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the
Company will refuse to cover them. You may want to discuss any matters shown on Schedules B and C of the
Commitment with an attorney. These matters will affect your title and your use of the land.
When your policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions,
defined below.
-- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance.
Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be
added if you do not comply with the Conditions section of the Commitment. When the policy is issued,
all Exceptions will be on Schedule B of the Policy.
- EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy
but not shown or discussed in the Commitment.
- CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your
responsibilities and those of the Company. They are contained in the Policy but not shown or discussed
in the Commitment. The Policy Conditions are not the same as the Commitment Conditions.
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A
Effective Date: April 22, 2013 GF Number: 09 -04451
Commitment Number: 09- 04451, issued 05/28/13 at 08:00 -AM
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one-to -four family residential real estate)
Policy Amount: $ 476,000.00
PROPOSED INSURED:
City of Southlake, a municipal corporation
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
-- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 R)
Policy Amount:
PROPOSED INSURED:
(c) LOAN POLICY OF TITLE INSURANCE (Form T -2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T -2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment 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 and drainage created by that certain Non - Exclusive Utility and
Drainage Easement Agreement in Settlement of Condemnation from Brian Jeffrey Massey a/ka/ Jeff Massey
to The City of Southlake, dated May , 2013, filed for record under Clerk's File No. 213 , Deed
Records of Tarrant County, Texas.
TRACT 3:
Non - Exclusive Easement Estate for retaining wall created by that certain Non - Exclusive Retaining Wall
Easement Agreement in Settlement of Condemnation from Brian Jeffrey Massey a /ka/ Jeff Massey to The
City of Southlake, dated May , 2013, filed for record under Clerk's File No. 213 , Deed Records
of Tarrant County, Texas.
3. Record title to the land on the Effective Date appears to be vested in:
JEFF MASSEY, also known as BRIAN JEFFREY MASSEY
4. Legal description of land:
Three tracts of land out of the FRANCIS THROOP SURVEY, Abstract No. 1511, Tarrant County, Texas,
SCHEDULE A
(Continued)
GF Number: 09 -04451
being more particularly described by metes and bounds on Exhibit A attached hereto.
FORM T -7: Commitment for Title Insurance (Schedule A) (09- 04451.PFD/09- 04451/36)
(Rev. 02- 01 -10) RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
- 1 - C4 C;
LEGAL DESCRIPTION
PliiRMANENT RJGt t.T F.WAY
NORM A#i ASE
PARCEL 15
BEING 0.816 acre of land loczded in the FRANCIS THROQP SURVEY.
AIWRACT N. 4511, O ce.. Tarrant st +, Texas, aril be a portion of
a.tact of land conveyed to Jet/Massey, by. tie deed net rde - in Volume 10681 ,
Page 198: of Me Deed Retorts ef T CaVnty. T 9S. Said 0.816 acre of
land being snore peutioulariy described by melesand bounds as ioliews:
BEGINNING et a 'P sea found at the Southey t corner of said Massey Tract,
and lying at the intersecron of the centerane of Meath 1Gr'rrbaI Ate. with
the centerline of E. Highland StreN:
THENCE Nor og 25' W 331.64 feet, eiing The &OA oout dauy fine or
said Massey Tract, and along the centedirre cT E. Highland Street
THENCE N 00' 39' 06' W 3498 feet. along the West boundary Tine of
said Massey Tract, to a 34" iron rod marked 13dee n & Crawford" sat in
the new NOrib right of rineofsaid E Ifighland Sit
THENCE S 89' 38 59" E 269.97 feet: along the new North right- o1waay
ire of said E. Frightand Street to a W Iron rod milted &
Crawford" set in the new West right-caf v ay+ lime cif sad North Kimball
Street;
THENCE along the new West rigs* -of ray fine of said. North Kimball Street,
as follows;
1. N 45 00' 00' E 19.71 feet, to a 9fi iron rate netted 'Bitf1Bin &
Crawford set
2. H aQ° 49' 81 - W 478.08 •feek, to a Ya' iron rod marked 1$ritta3n &
Crawford" set in the Nisi!' boundary Tim of said litatsey Tract, lying
the South trourdry One of-a tract of land conveyed to Richard Holiday
and wife, Mary Ann may, by the deed in *kale 14325.
Page 524, by the Heed• Records or Tarrant .Cocuaty, Tom;
THENCE S 89' 45 37" E 49.42 feet aio ng the North boundary he of
said Massey Tract, and the South boundary fine of said Mary Trams i, b
a "PK` wait found at the Norti east corner of said Massey Tract, tying in tee
centerline of said North Kimball Avenue:
THENCE S 00' 36' 1 r E 527.10 feet, along the East boundary line of
said- Adassey Tract. and the centerline of said North tranbaf Avenue. to the
POINT OF BEGINNING, containing 0.816 acre (35,543 square feet) Of
NOTE: COMPANY DOES NOT REPRESENT THE ABOVE AGREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
-�,-- � - 2
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL. AVENUE
PARCEL 15
BEING 0.111 acre of !and located in the FRANCIS TMROOP SURVEY,
ABSTRACT No. 1511, Soultilake, Tarrant County, Texas. and being a portion of
a tract of land conveyed to Jeff Massey. by She deed recorded in Vane 16881,
Page 198. of the Deed Records of Tarrant County, Texas. Said 0.111 acre of
land being more particularly described by metes and bounds as fellows:
BEGINNING at a 34" eon rod marked 'Stitlain & Crawford` set in the North
boundary line of said Massey Trrac:t, and lying N 89' 45' 37' W 49.42 feet
from a . PK" nag found marking the Northeast corner of said Massey Trad.
Said Pant of Beginning also lying in the new West right- of-way fine of
North Kimball Avenue:
THENCE S 00' 49' 31' E 478.08 feet, along the new West rigtrt vf.way
Line of said North Kimball Avenue, to a 34' iron rod marked "Sr8tein &
Crawford', set:
THENCE S 45" 00' 00' Wt 13.94 feet to a point
THENCE N 0'D' 49' 31' W 487.98 feet. to a point in the North boundary
kne of said Massey Tract
'THENCE S 89' 45' 37' E 10.00 feet along the North boundary lime of
said Massey Tract. to the POINT OF BEGINNING. containing 0.111 acre
(4830 square feet) of Wand.
NOTE: COMPANY DOES NOT REPRESENT THE ABOVE AGREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
LEGAL "A � " +}I/�i�
LR Pf
PERMANENT WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.028 acre of land loud in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, S uthIak , Tarrant County., Texas, and being a portion of
a tract of Land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 105, of the Deed Re zrtts of Tarrant County, Texas. Said 0.028 acre of
and being more paf8cutarIy described by metes Sind bounds as follows:
BEGINNING at a point in the new West right -of-way line of North Kimball
Avenue, and lying N 89. 45 3T W 49.42 feet, and S 00°4911°E 92.80
feet, from a "PK` nal found marking the. Northeast comer of said Massey
Tract. Said Point of Beginning also tying in the seta West right-of -way rune
of North Kimball Avenue;
Th ENCE S 00 49' 31° E 300.00 feet, along the new West right- of-way
fine of said North lCunball Avenue, to a point
THENCE S 89° to' 29"W 3.08 feet, to a point
THENCE N 00 49' 31' W 275.00 feet, along a fine 3 feet West of and
parallel to the new West right -of -way line of said North Kimbell Avenue, to
a point
THENCE S 89' 10' 29° Ifs' 7,00 feet, to a point;
THENCE N 00° 49' 31' W 25.00 feet, along a line 10 feet West of and
parallel to the new West rig € -way line of said North IGmball Avenue, to
a point;
THENCE N 89° 10' Zr E 10.00 feet, to the POINT OF BEGINNING,
' NING,
oontadning 0.028 acre (1,075 sr.Itrare feet) of land.
NOTE: COMPANY DOES NOT REPRESENT THE ABOVE AGREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
GF Number: 09 -04451
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's
fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data
or delete this exception):
In policy to be issued, Item No. 1 will be 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. (Applies to
the Owner Policy only.)
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 rights of access to
that area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, 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. (If Texas Short Form Residential Mortgagee Policy (T -2R) is issued,
that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the
year 2013 and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and
delivering the lien document described in Schedule A, if the land is part of the homestead of the owner.
(Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if
satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage. (Applies to Mortgagee Policy (T -2) only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy of Title Insurance (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy of
Title Insurance (T -2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the
Texas Short Form Residential Mortgagee Policy of Title Insurance (T -2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We
must insert matters or delete this exception.):
(09- 04451.PFD/09 -04451 /36)
FORM T -7: Commitment for Title Insurance (Schedule B) RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE B
(Continued)
GF Number: 09 -04451
a. Deleted.
b. Easement for right -of -way recorded in Volume 2063, Page 351, Deed Records of Tarrant County, Texas.
c. Easement for right -of -way recorded in Volume 2063, Page 353, Deed Records of Tarrant County, Texas.
d. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in
Volume 8220, Page 437, Deed Records of Tarrant County, Texas.
e. Moved to Schedule C.
f. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated
effective June 9, 2008, filed for record under Clerk's File No. D208247624, Deed Records of Tarrant
County, Texas. Title to said Lease has not been checked subsequent to the date of recording of the said
Memorandum.
g. Terms, conditions, and stipulations contained in lease agreement between Jeff Massey and wife, Jodie
Lynn Massey, as Lessor, and New Cingular Wireless PCS, LLC, as Lessee, a Memorandum of which is
filed for record under Clerk's File No. D212219369, Deed Records of Tarrant County, Texas.
h. Deleted.
i. Interest in all water, oil, gas, and other minerals as reserved in Deed in Settlement of Condemnation
recorded under Clerk's File No. D213 , 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.
j. Terms, conditions and stipulation of that certain Non - Exclusive Utility and Drainage Easement Agreement
in Settlement of Condemnation from Brian Jeffrey Massey a /ka/ Jeff Massey to The City of Southlake,
dated May _, 2013, filed for record under Clerk's File No. 213 , Deed Records of Tarrant
County, Texas.
k. Terms, conditions and stipulationis of that certain Non - Exclusive Retaining Wall Easement Agreement in
Settlement of Condemnation from Brian Jeffrey Massey a/ka/ Jeff Massey to The City of Southlake, dated
May , 2013, filed for record under Clerk's File No. 213 , Deed Records of Tarrant County,
Texas.
(09- 04451.PFD/09 -04451 /36)
FORM T -7: Commitment for Title Insurance (Schedule B) RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE C
GF Number: 09 -04451
Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that
will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction,
before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed
for record.
2. Satisfactory evidence must be provided that:
- no person occupying the land claims any interest in that land against the persons named in paragraph 3
of Schedule A,
- all standby fees, taxes, assessments and charges against the property have been paid,
- all improvements or repairs to the property are completed and accepted by the owner, and that all
contractors, sub - contractors, laborers and suppliers have been fully paid, and that no mechanic's,
laborer's or materialmen's liens have attached to the property,
- there is legal right of access to and from the land,
- (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity
and priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed
after the effective date of this Commitment.
5. OTHER SPECIFIC EXCEPTIONS:
a.
i. Unless otherwise requested in writing prior to closing of the subject transaction, all Endorsements to
each Loan Policy of Title Insurance issued pursuant to this Commitment able to be incorporated by
reference will be so incorporated in each said Loan Policy.
ii. The Company shall follow the Rules as set out by the Texas Department of Insurance in disbursing
the funds provided by the Assured and /or Insured on Schedule A of this Commitment. Good Funds
shall be as defined in Rule P -27; however, the Company requires that such funds be "collected funds"
prior to disbursement, except for funds delivered to the Company by bank wire, cashiers check or
cash. The Company does not accept any ACH (Automated Clearing House) funds of any type or
form. The Company's wire transfer instructions are attached to this commitment.
iii. Your policy will contain an arbitration provision. It allows you or the Company to require arbitration if
the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in
case of a dispute over a claim, you must request deletion of the arbitration provision before the policy
is issued. You can do this by signing the enclosed form and returning it to the Company at or before
the closing of your real estate transaction. (Not applicable to Residential Owner Policy)
iv. The Contract you entered into agreeing to purchase the property described in Schedule A of this
Commitment may provide that the standard Owner Title Policy contains an exception as to
"discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or
overlapping of improvements ", and that Buyer, at Buyer's expense, may have the exception amended
to read, "shortages in area ", thereby giving you full coverage for these matters.
Also, the Texas Title Insurance Information portion of this Commitment for Title Insurance advises the
Insured that the Policy will insure against loss because of such discrepancies or conflicts in boundary
lines, encroachment or protrusions, or overlapping of improvements, so long as a survey is provided
that is acceptable to the Company, and an additional premium for the coverage is paid.
The Owner Policy of Title Insurance to be issued in this transaction will contain the coverage
described in the above paragraph, and the Insured will be charged the additional premium
promulgated by the Texas Department of Insurance, unless an acceptable survey is not furnished, or,
on or before the date of closing, the Insured advises the Company in writing that the Insured rejects
this coverage.
(Applies to the Owner Title Insurance Policy only)
v. The Texas Title Insurance Information portion of this Commitment advises the Insured that the Policy
is not an abstract of title and that the Company does not have an obligation to determine the
ownership of any mineral interest(s). In addition, it states that minerals and mineral rights may not be
covered by the Policy and that the Company may include an exclusion or exception as to minerals
and mineral rights in the Policy. In the event the Company issues the Policy with an exclusion or
exception to mineral and mineral rights, optional endorsements insuring certain risks involving
minerals and the use of improvements (excluding lawns, shrubbery and trees) and permanent
buildings, as applicable for the nature of the property to be insured, may be available upon payment of
an additional premium. However, if the Policy is issued with an exclusion or exception as to minerals
and mineral rights, neither this Policy, nor the optional endorsements insure that the Insured has title
to the minerals or mineral rights related to the surface estate.
The Owner's Policy of Title Insurance to be issued in this transaction will contain the coverage
described in the above paragraph, and the Insured will be charged the additional premium
promulgated by the Texas Department of Insurance, unless, on or before the date of closing, (i) the
Company chooses not to issue such coverage or, (ii) the Insured advises the Company in writing that
the Insured rejects this coverage. (Applies to the Owner's Policy of Title Insurance only.)
vi. All oil, gas, and /or other reservations created at closing of the subject transaction shall be
included as an exception in the Policy /Policies issued.
e. Deleted.
f. Lis Pendens dated June 29, 2011, and filed for record under Clerk's File No. D211154831, Lis
Pendens Records of Tarrant County, Texas, regarding Cause No. 2011 - 003365 -3, styled City of
Southlake, Texas vs. Brian Jeffrey Massey a /k/a Jeff Massey.
NOTE: Require dismissal with all costs paid or final judgment in favor of record owner to be
submitted to examination.
g. Deed of Trust dated October 19, 2012, from BRIAN JEFFREY MASSEY to KEVIN M. HOOD,
Trustee, securing the payment of one note of even date therewith in the original principal sum of
$500,000.00, payable to STATE BANK AND TRUST COMPANY, said Deed of Trust filed for record
under Clerk's File No. D212292706, Deed Records of Tarrant County, Texas; including, but not
limited to, the due on sale provisions, if any, contained in said Deed of Trust, and consequences of
default arising from failure to obtain lender's written consent to the insured transaction.
h. Deed of Trust dated December 19, 2012, from BRIAN JEFFREY MASSEY to KEVIN HOOD,
Trustee, securing the payment of one note of even date therewith in the original principal sum of
$2,100,000.00, payable to STATE BANK & TRUST COMPANY, DALLAS, said Deed of Trust filed
for record under Clerk's File No. D212312620, Deed Records of Tarrant County, Texas; including,
but not limited to, the due on sale provisions, if any, contained in said Deed of Trust, and
consequences of default arising from failure to obtain lender's written consent to the insured
transaction.
Deed of Trust dated October 19, 2012, from BRIAN JEFFREY MASSEY to KEVIN M. HOOD,
Trustee, securing the payment of one note of even date therewith in the original principal sum of
$1,200,000.00, payable to STATE BANK AND TRUST COMPANY, said Deed of Trust filed for
record under Clerk's File No. D212292261, Deed Records of Tarrant County, Texas; including, but
not limited to, the due on sale provisions, if any, contained in said Deed of Trust, and consequences
of default arising from failure to obtain lender's written consent to the insured transaction.
Subordination Agreement by and between STATE BANK & TRUST COMPANY, DALLAS and
STATE BANK & TRUST COMPANY, DALLAS, filed for record under Clerk's File No. D212312621,
Deed Records of Tarrant County, Texas.
j. Uniform Commercial Code Financing Statement filed for record on December 31, 2012, under
Clerk's File No. D212318715, Deed of Trust Records of Tarrant County, Texas, executed by JEFF
MASSEY REAL ESTATE, LLC to STATE BANK AND TRUST COMPANY.
k. Deleted.
I. Terms, conditions, and stipulations contained in unrecorded lease agreement between BRIAN
JEFFREY MASSEY, as Lessor, and MASCO SERVICE CORP., as Lessee, dated June 1, 2001, as
referenced in Lease and Rental Assignment and Security Agreement recorded in Volume 16888,
Page 191, Deed Records of Tarrant County, Texas, as affected by instrument(s) filed for record
under Clerk's File No(s). D208275040, Deed Records of Tarrant County, Texas.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE D
GF Number: 09 -04451
Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the writing of Title
Insurance in the State of Texas, the following disclosures are made:
1. The following individuals are directors and /or officers, as indicated of
CHICAGO TITLE INSURANCE COMPANY, a Missouri Corporation
The shareholders owning or controlling, directly or indirectly, ten (10 percent), or more of the shares of
Chicago Title Insurance Company: CHICAGO TITLE AND TRUST COMPANY, an Illinois Corporation
The names of the Directors of Chicago Title Insurance Company:
Christopher Abbinante John A. Wunderlich Erika Meinhardt
Raymond R. Quirk Roger S. Jewkes Anthony J. Park
Alan. L. Stinson Thomas E. Evans, Jr.
The names of the president, the executive or senior vice- president, the secretary and the treasurer of
Chicago title Insurance Company:
Chairman of the Board, President and Chief Executive Officer Raymond R. Quirk
Executive Vice President and Regional Manager J. Gilbert Ernst
Vice President and Corporate Secretary Fernando Velez, Jr.
Vice President and Treasurer Patrick G. Farenga
2. The following disclosures are made by the Title Insurance Agent issuing this commitment:
RATTIKIN TITLE COMPANY, a Texas corporation, Title Insurance Agent
The names of each shareholder, owner, partner, or other person having, owning or controlling one (1) percent
or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Jack Rattikin,
Jr., Jack Rattikin III, Alicia Rattikin Lindsey, Jeffrey Alan Rattikin and Allyson Rattikin Grona
The names of the president, the executive or senior vice- president, the secretary and the treasurer of Rattikin
Title Company: Jack Rattikin, Jr., Chairman of the Board; Jack Rattikin III, President and CEO; Larry
Townsend, Senior Vice President; Brian Grona, Senior Vice President; Mac Miles, Senior Vice President;
Ronald C. Gamill, Senior Vice President and Treasurer; Diane Harris, Vice President and Secretary; Jack
Rattikin, Jr., Director; Glenda S. Rattikin, Director; Jack Rattikin III, Director; Alicia Rattikin Lindsey, Director;
Jeffrey Alan Rattikin, Director; and Allyson Rattikin Grona, Director
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed
transaction to which this commitment relates. Upon your request, such disclosure will be made to you.
Additionally, the name of any person, firm or corporation receiving a portion of the premium from the
settlement of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium* is:
Owner's Policy $ 2,958.00
Loan Policy $ 0.00
Endorsement Charges $ 0.00
Total $ 2,958.00
Of this total amount: 15% will be paid to the policy issuing Title Insurance Company; 85% will be retained by the
issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as
follows:
Amount To Whom For Services
*The estimated premium is based upon information furnished to us as of the date of this Commitment for Title
Insurance. Final determination of the amount of the premium will be made at dosing in accordance with the
Rules and Regulations adopted by the Commissioner of Insurance.
This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached.
FORM T -7: Commitment for Title Insurance
Schedule D (09- 04451.PFD/09- 04451/36)
Rev. 02 -01 -10 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a
dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the
Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In
addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or Tess. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before the
closing of your real estate transaction or by writing to the Company. The arbitration provision in the
Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All
arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed
to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding
upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of
competent jurisdiction."
SIGNATURE DATE
FORM T -7: Commitment for Title Insurance
(Deletion of Arbitration Provision) (09- 04451.PFD/09- 04451/27)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
Rattikin Title Company
Privacy Statement
Rattikin Title Company and its subsidiaries ( "RTC ") respect the privacy and security of your non - public personal
information ( "Personal Information ") and protecting your Personal Information is one of our top priorities. This Privacy
Statement explains RTC's privacy practices, including how we may use the Personal Information we receive from you
and from other specified sources, and to whom it may be disclosed. RTC follows the privacy practices described in this
Privacy Statement and, depending on the business performed, RTC companies may share information as described
herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social
security number, tax identification number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email
address, Internet Protocol address, the website links you used to get to our websites, and your activity
while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as
information concerning your policy, premiums, payment history, information about your home or other
real property, information from lenders and other third parties involved in such transaction, account
balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting
agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such
laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with
services you have requested, and to enable us to detect or prevent criminal activity, fraud, material
misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third -party contractors or service providers for the purpose of determining your eligibility for an
insurance benefit or payment and /or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil
action, in connection with a subpoena or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with
which we have joint marketing agreements; and /or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest
in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow
closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is
reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and /or to
comply with a judicial proceeding, court order or legal process.
Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your
transaction with other RTC companies, such as insurance companies, agents, and other real estate service providers to
provide you with services you have requested, for marketing or product development research, or to market products or
services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our
affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted
by law.
Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former
customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law.
Privacy Statement (09- 04451.PFD/09- 04451/27)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide
products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard Personal Information.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain
circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of
your Personal Information. However, RTC's current policy is to maintain customers' Personal Information for no less than
your state's required record retention requirements for the purpose of handling future coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to
establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in
responding to such requests. Please send requests to:
Rattikin Title Company
201 Main Street, Suite 800
Fort Worth, Texas, 76102
Attn: Diane Harris
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this
Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as
stated above, indicates the last time this Privacy Statement was revised or materially changed.
Privacy Statement (09- 04451.PFD/09- 04451/27)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
TEXAS TITLE INSURANCE INFORMATION
(Continued)
You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title
Insurance Company at (800)442 -4303 or by calling the title insurance agent that issued the Commitment. The
Texas Department of Insurance may revise the policy form from time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling
(800)252 -3439.
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
-- Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this
amendment, you must furnish a survey and comply with other requirements of the Company. On the
Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the
Company and if the Company's other requirements are met, your Policy will insure you against loss
because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of
improvements. The Company may then decide not to insure against specific boundary or survey
problems by making special exceptions in the Policy. Whether or not you request amendment of the
"area and boundary" exception, you should determine whether you want to purchase and review a
survey if a survey is not being provided to you.
- -Allow the Company to add an exception to "rights of parties in possession." If you refuse this
exception, the Company or the title insurance agent may inspect the property. The Company may
except to and not insure you against the rights of specific persons, such as renters, adverse owners or
easement holders who occupy the land. The Company may charge you for the inspection. If you want to
make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this
exception to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional
premiums unless you want to increase your coverage at a later date and the Company agrees to add an
Increased Value Endorsement.
CONDITIONS AND STIPULATIONS
1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this
Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our
liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify
us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred.
2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued.
Our liability is only for the actual loss incurred in your reliance on this Commitment to comply with its
requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of
this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and
Stipulations, and Exclusions.
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IMPORTANT NOTICE
1
FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL -FREE TELEPHONE NUMBER 1
1- 800 - 442 -4303 i
ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT
1- 800 -252 -3439
to obtain information on:
1. filing a complaint against an insurance company or agent,
1 . whether an insurance company or agent is licensed,
3. complaints received against an insurance company or agent, I I
4. policyholder rights, and j i
5. a list of consumer publications and services available through the Department.
YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE
P.O. BOX 149104
AUSTIN, TEXAS 78714 -9104
FAX NO. (512) 475 -1771 1
AVISO IMPORTANTE j
{
PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS
'1
1- 800 - 442 -4303 i
TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL
1- 800 - 252 -3439
para obtener informacit n sobre:
1. como someter una queja en contra de una compania de seguros o agente de seguros,
2. si una compania de seguros o agente de seguros tiene licencia,
3. quejas recibidas en contra de una compafifa de seguros o agente de seguros,
4. los derechos del asegurado, y
5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento.
TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS
P.O. BOX 149104
AUSTIN, TEXAS 78714 -9104
FAX NO. (512) 475 -1771
SETTLEMENT
AGREEMENT
EXHIBIT Q
PARTIAL RELEASE OF LIEN AND
LIENHOLDER CONSENT AND SUBORDINATION TO EASEMENT AGREEMENTS
Date: May 16, 2013
Holder of Notes and Liens: State Bank and Trust Company
Holder's Mailing Address: 2517 Midway Road, Carrolton, TX 75006
Affected Liens:
Note No. 101329:
Date: October 19, 2012
Original principal amount: $500,000
Borrower: Masco Service Corporation
Lender: State Bank and Trust Company
Maturity date: October 19, 2017
Deed of Trust:
Date: October 19, 2012
Grantor of Lien: Brian Jeffrey Massey
Lender: State Bank and Trust Company
Trustee: Kevin M. Hood
Recording information: The Deed of Trust is recorded in the deed records of Tarrant
County, Texas, as Document No. D21.292706
Note No. 101311:
Date: October 19, 2012
Original principal amount: $1,200,000 (maximum credit limit)
Borrower: Masco Service Corporation
Lender: State Bank And Trust Company
Maturity date: November 19, 2013
Deed of Trust:
Date: October 19, 2012
Grantor of Lien: Brian Jeffrey Massey
Lender: State Bank and Trust Company
Trustee: Kevin M. Hood
Recording information: The Deed of Trust is recorded in the deed records of Tarrant
County, Texas, as Document No. D212292261
Note:
Date: December 19, 2012
Original principal amount: $2,100,000
Borrower: Jeff Massey Real Estate, LLC
Lender: State Bank and Trust Company
Maturity date: December 19, 2022
1 EXHIBIT
33428.7
Deed of Trust:
Date: December 19, 2012
Grantor of Lien: Brian Jeffiey Massey
Lender: State Bank and Trust Company
Trustee: Kevin M. Hood
Recording information: The Deed of Trust is recorded in the deed records of Tarrant
County, Texas, as Document No. D212312620
Financing Statement:
Date: Recorded December 31, 2012 .
Debtor: Jeff Massey Real Estate, LLC
Additional Debtor: Brian Jeff Massey
Secured Party: State Bank and Trust Company
Recording information: The Financing Statement is recorded in the deed records of
Tarrant County, Texas, as Document No. D212318715
Property (including any improvements) to be released from the Affected Liens (the "Right -Of -Way
Property "):
See Exhibit 1, attached hereto and incorporated herein for all purposes.
Easement Agreements:
A Non - Exclusive Utility and Drainage Easement Agreement In Settlement Of Condemnation in
favor of the City of Southlake in the form attached as Exhibit 2, and covering the property
described in Exhibit A to Exhibit 2; and
A Non - Exclusive Retaining Wall Easement Agreement In Settlement Of Condemnation in favor
of the City of Southlake in the form attached as Exhibit 3, and covering the property described in
Exhibit A to Exhibit 3.
Property subject to easement agreements and the subject of lienholder's approval and consent (the
"Easement Property "):
See Exhibit A to Exhibit 2 and Exhibit A to Exhibit 3, attached hereto and incorporated herein for
all purposes.
For value received, State Bank And Trust Company, the Holder of the above- referenced Notes
and Liens, releases the Right -Of -Way Property from the Liens and from all liens held by the Holder of the
Notes and Liens, without regard to how they were created or evidenced. This partial release does not
release the remainder of the secured property described in the lien documents referenced above.
Also for value received, State Bank And Trust Company, the Holder of the above - referenced
Notes and Liens, consents to the grant of easements to the City of Southlake, Texas ( "Grantee ") on,
under, and across the Easement Property, consents to the terms and conditions stated in the documents
granting the easements, and subordinates all of Holder's rights and liens to the rights and interests of the
Grantee in the Easement Property, so that a foreclosure of the Holder's liens, or any one of them, will not
extinguish the rights and interests granted to such Grantee in the Easements Property.
When the context requires, singular nouns and pronouns include the plural.
STATE BANK AND TRUST COMPANY
By:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared , known to me (or proved to me on the oath of
or through (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 /she
executed the same for the purposes and consideration therein expressed, and in the capacity therein
expressed, with full authority to so act.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of May, 2013. .
My Commission Expires: Notary Public in and for the State of Texas
Typed or Printed Name of Notary
3
33428.7
• •
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0 316 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No 1511, Southiake, Tarrant Couoty, Texas, and being a portion of
a tract of and conveyed to Jeff Massey, by the deed recorded in Volume 16881
Page 198, of the Deed Records of Tarrant County, Texas. Said 0 0.816 acre c +f
land being more particularly described by metes and bounds as follows.
BEGINNING at a "PK" nail found at the Southeast corner of said Massey Tract,
and lying at the intersection of the centerline of North Kimball Avenue, with
the centerline of E. Highland Street,
THENCE N 89' 39' 25" W 331 64 feet, along the South boundary line of
said Massey Tract, and along the centerline of E. Highland Street,
THENCE N 00° 35' 06" W 34.98 feet. along the West boundary line of
said Massey Tract, to a W iron rod -narked "Britain & Crawford' set, in
the new North right -of -way line of said E. Highland Street;
THENCE S 89° 38' 59" E 269.97 feet, along the new North right -of -way
line of said E. Highland Street. to a iron rod marked "Britain &
Crawford' set in the new West right -of -way line of said North Kimball
Street;
THENCE along the new West right -of -way line of said North Kimball Street,
as follows
1. N 45' 00' 00' E 19.71 feet to a W iron rod marked 'Brittain &
Crawford" set;
2. N 00` 49' 31 "W 476.08 feet, to a '' /" iron rod marked 'Britain &
Crawford" set in the North boundary line of said Massey Tract. lying in
the South boundary fine of a tract of land conveyed to Richard Holliday
and wife, Mary Ann Holliday. by the deed recorded in Volume 14325,
Page 524, by the Deed Records of Tarrant County, Texas;
THENCE S 89' 45' 37" E 49.42 feet, along the North boundary line of
said Massey Tract. and the South boundary line of said Holliday Tract. to
a `PK" nail found at the Northeast comer of said Massey Tract, tying in the
centerline of said North Kimball Avenue;
THENCE S 00° 36' 17" E 527.10 feet, along the East boundary line of
said Massey Tract, and the centerline of said North Kimball Avenue, to the
POINT OF BEGINNING, containing 0 816 acre (35,543 square feet) ci
land.
EXHIBIT
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0 0
AREA TABLE
RICHA,RD HOLLIDAY AND WIT, ul
•:1
0.616 ACRE TOTAL MARY ANN HOLLIDAY
(35,543 SO.FT.) VOL 14325. PC. 524, D.R.T C.1. •,-.
' ■
0,478 ACRE IN S 89 SI 1
1 7 -. ..
PRESCRIPTIVE .
RIGHT-OF-WAY 49.42' "PK NAL FOUND
■ , L.._ _ _ ____
0.338 ACRE NET r
, TUMBLEWEED
(14,700 SO.FT.) ,
c's 1/2..lics ' 5 0* TRAIL
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c...)J. PERMANENT [
A2 .
RICHT-OF-WAY LINE
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VOL 16881, PG. 138
D.R.T.C.T. c
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LOT 3, THE HIU AI:DITION
'§
VOL. 388-159, PC. 96
P.R.T.0 T. " E 1
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RIGHT-Or-WAY NE N 45'00
N 00°35'06"W 19.71' 1
34.98' i S 89°38'59"E I
1/2"i tP.S
269.97'
1, t POINT OF
- riz - iRs - -
BEGINNING
s...IRA UNE es4 Cr_NTERLINE ROAD rq ..,..........
"PK" Mt. POUND
_N 89° 39 '251.'W___33 ' i I IN CENTERUNE
"PI<'` NAIL FOUNZ,' IN 1-S4 -1- I 1 INTmsE.cPoN
CENTERLINE 0 ROAD
PRESCRIVIIVE
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RIC.14T-OF-wAT UNE
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SURYEYE) oN THE GROUND .c• vs?
OCTOBER 7. 2009 I I
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J L.. 'JAS L
A REMAIN >;.■
...,v• '".0 1674 , 't
4414ES L ORMAN '''' PRC.I.PERTY CORNER NOTE
REGISTERED PROFMSIONAL ,,,,, suOr ."
WC SURVEYOR ''',..- ,1"-- ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
STATE OF TEXAS NO. 1674 '" (1/2"IRS) WITH CAP MARKED "Ern AN b, CRAWFORD'
CITY OF SOUTHLAKE
1400 4AIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B" 1 F.°
1 b BRrrrAni & CRATFORD
LAND SURV:YING A
;_.,,.., TOPOGRAPIC MAPPING
icor, 519•0111 - 95 1911 9(1,9111 PERMANENT RIGHT—OF—WAY
0.816 ACRE OF LAND
LOCATED IN THE v ,
II 03
--
X
FAX 4.99 (511) $2,-910 FRANCIS THROOP SURVEY W
9 R. 5115 11119 . MU Se". 911.159.1
90t1 •9991/). rt v. 19,.0 ABSTRACT No. 1511
SOUTHLAKE, TARRANT COUNTY,
\ KIIJBAt; \ __Re A \ TEXAS SCALE 1 " - 100' .sarcigin
NON - EXCLUSIVE UTILITY AND DRAINAGE EASEMENT AGREEMENT
IN SETTLEMENT OF CONDEMNATION
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
Effective as of May —, 2013 (the "Effective Date ") that Brian Jeffrey Massey a/kla/ Jeff
Massey, whose mailing address is 1200 . Kimball Avenue, Southlake, TX 76092, hereinafter called
"Grantor," for and in consideration of Ten and No /l 00 Dollars ($10.00) and other good and valuable
consideration paid by The City of Southlake, Texas, a municipal corporation, 1400 Main Street,
Southlake Texas, 76092, hereinafter referred to as "Grantee," in settlement of a pending
condemnation matter filed by Grantee and pursuant to this Non - Exclusive Utility and Drainage
Easement Agreement In Settlement Of Condemnation (the "Permanent Utility and Drainage
Easement Agreement ") has granted, and by these presents does grant unto said Grantee a non-
exclusive utility and drainage easement under and across a strip of land depicted as "Permanent
Utility and Drainage Easement Property" on Exhibit A and with a legal description of the Permanent
Utility and Drainage Easement Property attached to this Permanent Utility and Drainage Easement
Agreement as Exhibit B (the "Permanent Utility and Drainage Easement Property ") for (collectively
the "Facilities "): (i) below- ground water, sanitary sewer, and water drainage lines and other below -
ground city owned utilities; (ii) drain inlets and manholes in connection with, and as is necessary for,
the Kimball Avenue road expansion project (the "Project "); and (iii) other below- ground franchise
and below- ground public utilities, and in connection with which the parties are entering into this
Permanent Utility and Drainage Easement Agreement, and, for all Facilities, only pursuant to the
terms and conditions set forth below:
Together with the right of ingress and egress along and upon the Permanent Utility and
Drainage Easement Property for the purpose of and with the right to construct, reconstruct, maintain,
repair, and make connections to the Facilities.
Grantor reserves the right to use the Permanent Utility and Drainage Easement Property for
all purposes that are not inconsistent with the specific rights granted to Grantee under this Permanent
Utility and Drainage Easement Agreement. Without limitation, Grantor reserves the right to lay out,
dedicate, construct, maintain, cross, operate, repair, remove, replace, reconstruct, and use that part of
the surface of the Permanent Utility and Drainage Easement Property (to the extent not used by
Grantee for above -ground Facilities) for driveways, parking, roads, streets, alleys, pavement, curbs.
bridges, underground telephone cables and conduits, fiber and communication conduits, and gas,
water and sewer pipe lines (collectively the "Allowable Improvements "), provided, however, the
Allowable Improvements do not damage the Facilities; Grantee agrees to and shall construct,
maintain, operate, repair, remove. replace, and reconstruct the below- ground Facilities at a least the
depth shown on the plans for the currently planned improvements for the Project, and to cooperate
with Grantor, Grantor's agents, and other utility providers to facilitate the installation of any other
above - ground or below- ground improvements, which cooperation will not unreasonably be withheld.
Grantor shall not use the Permanent Utility and Drainage Easement Property for landscaping,
1
EXHIBIT 32474.8
� pC..
signage, or lighting, other than grass cover on all parts of the Permanent Utility and Drainage
Easement Property except that part on which are located above - ground facilities, without Grantee's
written approval, which approval will not be unreasonably withheld, provided, however, that Grantor
shall have the right to plant flowers and shrubs (but no trees) on the Permanent Utility and Drainage
Easement Property. No later than the conclusion of the work on the Project, Grantee will cover with
St. Augustine grass sod of a good quality all parts of the Permanent Utility and Drainage Easement
Property except that part on which are located above - ground Facilities.
Notwithstanding anything else in this Permanent Utility and Drainage Easement Agreement,
Grantor shall have the right to pave (with concrete, asphalt, or other material), maintain, reconstruct,
and repair the Permanent Utility and Drainage Easement Property (to the extent not used by Grantee
for above - ground Facilities), and shall have the right to drive over and park on, and allow others to
drive over and park on, the Permanent Utility and Drainage Easement Property (to the extent not
used by Grantee for above- ground Facilities), and Grantee agrees to and shall install, construct,
maintain, operate, repair, remove, replace, and reconstruct all underground Facilities at a sufficient
depth and with sufficient support to permit these uses of the Permanent Utility and Drainage
Easement Area. In the event Grantee's use of the Permanent Utility and Drainage Easement Area
causes any damages to the Allowable Improvements, Grantee agrees to restore within a reasonable
time, at Grantee's soles cost, the Allowable Improvements to their pre - damage condition. However,
nothing contained in this Agreement shall constitute any required governmental approval of any
contemplated improvements, including pavement, or otherwise relieve Grantor from complying with
any applicable ordinances or obtaining any required permits and /or approvals prior to installation or
construction of any proposed improvement, including paving, unless otherwise excused by the
Settlement Agreement in Lieu of Condemnation between Grantor and Grantee or applicable law.
As a material part of the consideration for this Permanent Utility and Drainage Easement
Agreement, Grantee agrees that the use of the Permanent Utility and Drainage Easement Property by
Grantee and by Grantee's successors and permitted assigns shall be restricted as follows: the
Permanent Utility and Drainage Easement Property shall only be used for the Facilities. Grantor and
Grantee agree that this restriction shall be a covenant that runs with the land.
Grantee may not lease or sublease, or grant any property or possession rights of any kind, to
or within the Permanent Utility and Drainage Easement Property without the prior written consent of
Grantor or Grantor's successor(s) in interest, which consent may be withheld for any reason
whatsoever, subject to the conditions and exceptions set forth below. Grantor hereby consents to
Grantee's agents, contractors, and franchise and public utility companies and their agents and
contractors, performing work for Grantee on the Permanent Utility and Drainage Easement Property
pursuant to the terms of this Permanent Utility and Drainage Easement Agreement. Grantee further
may not assign or sell this Permanent Utility and Drainage Easement Agreement or any rights related
to the Permanent Utility and Drainage Easement Property except as set out below without the prior
written consent of Grantor, which consent may be withheld for any reason whatsoever. Any
attempted sale or assignment without Grantor's prior written consent shall be void and of no force
and effect. Further, any sale or assignment shall not relieve Grantee from any liability hereunder,
which liability arose, in whole or in part, during the term of this Permanent Utility and Drainage
2
32474.8
Easement Agreement. Notwithstanding any of the above, however, to the extent that city ordinance
or other governmental law or regulation authorizes or permits the installation of underground
franchise or other underground public utilities in city -owned utility easements, this provision shall
not prohibit or bar such use. Also, nothing contained in this Agreement shall prohibit Grantee from
assigning the Permanent Utility and Drainage Easement to another governmental unit or entity that
assumes control of the adjacent right -of -way, including but not limited to Tarrant County and the
Texas Department of Transportation.
This Permanent Utility and Drainage Easement Agreement is made by Grantor and accepted
by Grantee subject to the following additional exceptions, reservations, restrictions, conditions and
provisions:
1. The grant of rights under this Permanent Utility and Drainage Easement
Agreement is subject to:
a) any and all of the following held or claimed by a governmental entity or
utility provider, whether of record or not: (i) validly existing prescriptive
easements; (ii) visible and apparent rights of way; and (iii) visible and apparent
prescriptive rights;
b) all presently recorded easements, restrictions, reservations, covenants,
conditions, oil and gas leases, mineral interests, and water interests outstanding in
persons other than Grantor;
c) validly existing utility easements created by recorded dedication deed or
plat;
d) matters described on Exhibit C;
e) any law, ordinance, or governmental regulation (including but not limited
to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting, or relating to the Permanent Utility and Drainage Easement Property,
Grantor's other property, or any part of any of the foregoing;
f) validly existing rights of adjoining owners in any walls and fences situated
on a common boundary;
g) any discrepancies, conflicts, or shortages in area or boundary lines; and
h) any encroachments or overlapping of improvements, provided, however to
the extent that paving or landscaping existing as of the Effective Date overlaps or
encroach upon the Permanent Utility and Drainage Easement Property, Grantee
may demolish and remove such existing paving or landscaping, at Grantee's sole
cost and expense and in accordance with the terms of this Permanent Utility and
Drainage Easement Agreement.
3
32474.8
2. The grant of rights under this Permanent Utility and Drainage Easement Agreement is
subject to all visible encumbrances on, in, or affecting the Permanent Utility and Drainage Easement
Property, Grantor's other property, or any part of any of the foregoing, provided, however that to the
extent that paving or landscaping existing as of the Effective Date overlaps or encroach upon the
Permanent Utility and Drainage Easement Property, Grantee may demolish and remove such existing
paving or landscaping, at Grantee's sole cost and expense and in accordance with the terms of this
Permanent Utility and Drainage Easement Agreement.
3. Grantee shall be entitled to use the Permanent Utility and Drainage Easement
Property solely for the purposes expressly set forth in this Permanent Utility and Drainage Easement
Agreement and for no other purpose. Until a new driveway is constructed from Kimball Avenue
across the Permanent Utility and Drainage Easement Property to Grantor's property at a location
approved in writing by Grantor, which approval shall not be unreasonably withheld, Grantee shall
not close or impede access to Grantor's property over and through the existing driveways from
Kimball that crosses the Permanent Utility and Drainage Easement Property, provided, however,
Grantee may temporarily close one of Grantor's existing driveways from. Kimball Avenue if: i) it is
necessary and unavoidable for utility relocation and other construction activities in connection with
the Project; and ii) Grantee provides Grantor with an alternative, temporary access drive from
Kimball to Grantor's property that is reasonably satisfactory to Grantor. During the Project, Grantee
will: (i) provide continuous access from Grantor's property to Highland Street across the existing
drive from Grantor's property to Highland Street or an alternative, temporary access drive from
Grantor's property to Highland. Street that is reasonably satisfactory to Grantor; ii) provide
continuous access to Grantor's entrances to the buildings located on Grantor's property and/or iii) not
impede Grantor's sidewalk on the east side of Grantor's property adjacent to Grantor's existing
building. Grantee will not store, or allow any other person or entity to store, any gasoline, diesel or
other fuel, oil, or any other dangerous, hazardous or toxic materials or compounds on the Permanent
Utility and Drainage Easement Property.
4. It shall be Grantee's sole responsibility to ensure that the Facilities are installed so that
they will not interfere with or affect existing utilities, improvements, structures, and other
encumbrances (except to the extent that paving or landscaping existing as of the Effective Date
overlaps or encroach upon the Permanent Utility and Drainage Easement Property in which case
Grantee may demolish and remove such existing paving or landscaping, at Grantee's sole cost and
expense and in accordance with the terms of this Permanent Utility and Drainage Easement
Agreement), that the Permanent Utility and Drainage Easement Property is adequate for Grantee's
intended and actual use, and that Grantee's use of the Permanent Utility and Drainage Easement
Property complies with all state, federal, and local requirements for the excavation, construction,
reconstruction, installation, operation, repair, maintenance, replacement, alteration and/or removal of
Grantee's Facilities.
5. Grantee hereby agrees to obtain, and require its contractors, subcontractors, agents
and employees to obtain, all required penults and governmental approvals for all activity on or
affecting the Pe«uanent Utility and Drainage Easement Property so as to meet all regulatory
requirements and shall complete all work in accordance with City of Southlake, Texas specifications,
4
32474.8
requirements, and contracts. Grantee shall construct, bury, maintain, operate, repair, remove,
replace, and reconstruct the Facilities in accordance with City of Southlake, Texas specifications,
requirements, and contracts, and in accordance with all applicable federal, state and local laws,
statutes, orders, ordinances, rules, regulations, standards, plans, policies and decrees. Grantee shall,
in all activities undertaken pursuant to this Permanent Utility and Drainage Easement Agreement,
comply and require its contractors, agents and employees to comply with all federal, state and local
laws, statutes, orders, ordinances, rules, regulations, standards, plans, policies and decrees.
6. Grantee will be solely responsible for the safety of all its employees, contractors,
subcontractors, consultants, invitees, agents and other persons who enter onto the Permanent Utility
and Drainage Easement Property at the direction or request of Grantee. Further, Grantee shall
require its general contractor to obtain adequate insurance covering personal injury, death, and
property damage from his /its activities and the activities of its employees, subcontractors, consultants
or other agents entering the Permanent Utility and Drainage Easement Property on the Permanent
Utility and Drainage Easement Property. Such insurance will be the primary insurance coverage for
any claims and Grantor's insurance, if any, shall be considered secondary insurance.
7. Grantee will maintain the Facilities in good condition in accordance with. City of
Southlake and any other applicable laws, ordinances, rules, and regulations. Upon completion of any
construction, maintenance, repair, removal, replacement, reconstruction or other work on or in the
Permanent Utility and Drainage Easement Property, Grantee shall promptly restore that part of the
surface of the Permanent Utility and Drainage Easement Property that is not used for above- ground
Facilities to a landscaped condition consistent with the Project. If any other portion of Grantor's
property outside the Permanent Utility and Drainage Easement Property is damaged as a result of
Grantee's activities, Grantee will promptly repair and restore such damaged area to its pre - damage
condition. Grantor shall be entitled to receive from the City Secretary's office, upon request, copies
of all as -built construction drawings for the Facilities to be located on the Permanent Utility and
Drainage Easement Property at the later of 60 days after Grantee completes construction and any
later reconstruction of the Facilities or 30 days after Grantee receives such drawings.
8. It is expressly understood and agreed that this Permanent Utility and Drainage
Easement Agreement does not constitute a conveyance in fee of any part of the Permanent Utility
and Drainage Easement Property or a conveyance of any interest in the oil, gas (including casinghead
gas and all gaseous substances), hydrocarbons, other minerals, water, sulphur, or other materials in,
on, and /or under the Permanent Utility and Drainage Easement Property, which rights are expressly
retained by Grantor, but only pants the non - exclusive easement rights specifically provided in this
Permanent Utility and. Drainage Easement Agreement; if the Permanent Utility and Drainage
Easement Property is subject to existing production or an existing lease, this reservation includes the
production, the lease, and all benefits from it provided, however, that neither Grantor nor Grantor's
agents or assigns shall explore for, mine or drill for or otherwise produce the water, oil, gas
(including casinghead gas and all gaseous substances), hydrocarbons, or any other minerals reserved
herein, from or on the surface of the Permanent Utility and Drainage Easement Property, but Grantor
shall have the right to produce the water, oil, gas, hydrocarbons, and other minerals reserved herein
only by directional drilling or other indirect means at a depth of not less than two hundred feet (200')
5
32474.8
below the surface in a manner which does not enter upon, or interfere with Grantee's rights under this
Permanent Utility and Drainage Easement Agreement.
9. Grantee shall not permit to be placed against the Permanent Utility and Drainage
Easement Property, Grantor's other property, or any part of either, any design professionals',
mechanics', materialmen's contractors' or subcontractors' liens with regard to Grantee's actions and
activities upon or affecting the Permanent Utility and Drainage Easement Property. GRANTEE
AGREES, TO THE EXTENT PERMITTED BY LAW, TO HOLD THE GRANTOR
HARMLESS FOR ANY LOSS ARISING FROM ANY SUCH LIENS WHICH MIGHT BE
FILED AGAINST GRANTOR'S PROPERTY, INCLUDING WITHOUT LIMITATION THE
PERMANENT UTILITY AND DRAINAGE EASEMENT PROPERTY. THE INDEMNITY
AND OTHER RIGHTS AFFORDED BY THIS SECTION SHALL SURVIVE THE
TERMINATION AND EXPIRATION OF THIS PERMANENT UTILITY AND DRAINAGE
EASEMENT AGREEMENT.
10. The rights granted under this Permanent Utility and Drainage Easement Agreement
are granted until the Facilities or use of the Permanent Utility and Drainage Easement Property shall
be Abandoned, and in that event such rights shall cease and all rights granted under this Permanent
Utility and Drainage Easement Agreement shall terminate and revert to Grantor or Grantor's heirs,
successors, assigns and/or legal representatives. "Abandon" or "Abandonment" as used herein, is
defined as the non -use of the Facilities or the Permanent Utility and Drainage Easement Property for
the purpose herein granted, for a continuous period of five years and the Grantee agrees that it has no
further intent to use the Permanent Utility and Drainage Easement Property for any of the permitted
purposes.
11. No termination or expiration of the Permanent Utility and Drainage Easement
Agreement shall release Grantee from any liability or obligation under this Permanent Utility and
Drainage Easement Agreement.
12. In the event of a dispute between the parties with respect to the terms or conditions of,
or the rights or obligations under, this Permanent Utility and Drainage Easement Agreement, the
prevailing party shall be entitled to collect from the other party its reasonable attorneys' fees.
13. If a court finds any provision of this Permanent Utility and Drainage Easement
Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not
render the provision invalid or unenforceable as to any other persons or circumstances. To the extent
feasible, any provision found to be invalid or unenforceable shall be deemed to be modified to be
valid and enforceable; however, if a material provision cannot be so modified, then such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Permanent Utility
and Drainage Easement Agreement shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein, and the remaining provisions of this Permanent Utility
and Drainage Easement Agreement will remain in effect.
14. This Permanent Utility and Drainage Easement Agreement is not valid or binding on
6
32474
any party unless executed by all of the parties listed below. This Permanent Utility and Drainage
Easement Agreement may be executed in one or more counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument.
15. The provisions of this Permanent Utility and Drainage Easement Agreement shall
extend to and be binding upon Grantee and Grantor and their permitted successors and assigns, if
any.
15. Grantee agrees and represents that: (i) this Permanent Utility and Drainage Easement
Agreement is binding on Grantee and enforceable as an agreement in settlement of condemnation
under Texas A &M University- Kingsville v. Lawson, 87 S.W.3d 518 (Tex. 2002) and City of
Carrollton v. Singer, 232 S.W.3d 790 (Tex. App. - -Fort Worth 2007, pet. denied) as clarified by any
subsequent decisions of the Texas Supreme Court or the Fort Worth Court of Appeals. In the event
of a suit by Grantor against Grantee for breach of this Permanent Utility and Drainage Easement
Agreement, Grantee will not assert immunity from such suit, pursuant to the law as set out in the
cases cited above.
16. GRANTEE IS TAKING THE PERMANENT UTILITY AND DRAINAGE
EASEMENT PROPERTY PURSUANT TO AN AGREEMENT BETWEEN THE PARTIES
IN SETTLEMENT OF CONDEMNATION. THE CONSIDERATION WAS BARGAINED
ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE
AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR
EXPRESS OR IMPLIED WARRANTIES EXCEPT AS EXPRESSLY PROVIDED HEREIN,
IFANY. GRANTEE HAS NOT RELIED ON ANY INFORMATION PROVIDED BY
GRANTOR OR ANY PERSON OR ENTITY ACTING ON GRANTOR'S BEHALF OR FOR
WHOM GRANTOR HAS RESPONSIBILITY OTHER THAN GRANTEE'S INSPECTION.
TO HAVE AND TO HOLD unto Grantee, without warranty of title, either expressed or
implied, for the term hereinafter set forth, and subject to the terms, conditions, limitations,
reservations, and exceptions contained in this Permanent Utility and Drainage Easement Agreement,
until the Facilities or use of the Permanent Utility and Drainage Easement Property shall be
Abandoned as provided in this Permanent Utility and Drainage Easement Agreement, and in that
event said Permanent Utility and Drainage Easement Agreement shall cease, all rights herein granted
shall terminate, and all rights to use the Permanent Utility and Drainage Easement Property shall
automatically revert to Grantor or Grantor's heirs, successors, assigns and/or legal representatives.
REMAINDER OF PAGE INTENTIONALLY BLANK
7
32474.8
EXECUTED to be effective as of May _ , 2013.
GRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
13y:
Brian Jeffrey Massey The Honorable John Terrell, Mayor
1200 North Kimball Avenue 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
Attest:
Alisha Richardson, City Secretary
REMAINDER OF PAGE INTENTIONALLY BLANK
8
32474.8
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared BRIAN JEFFREY MASSEY, known to me (or proved to me on the oath of
or through [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 May, 2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared the Honorable JOHN TERRELL, Mayor of the City of Southlake, known to me (or
proved to me on the oath of or through [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, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of May, 2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
9
32474.8
Exhibit "A"
Survey of Permanent Utility and Drainage Easement Property
10
32474.8
. .
• 411
`11CHAND HOLUDAT AND Mt L.
WARY ANN HOLLIDAY
VOL 14375, P.1 574,
POINT OF BEGINNIN e ,
D ■.0.1 CORNER
t.r■ MASSLY TRACI
V A. 1/2 IRDN ROO SET "Pr' N.A.11. FOUND
I
_ TUMBLEWEED
rq' N TRAIL
, 1 S 89°45'37"E ,--
10.00•
I - i --- 4; 42*
4
PERMANENT UTILITY, DRAINAGE 1 pks NEI«
AND WALL EASEWEHT
0.11 1 ACRE / 4,830 SC.FT. Lai'
cn io
JEFF MASSEY N: 9 1 I
VOL. 16851, P. 195
N In
D.R.T.C.T. -+ 2 1
_CT 3, HE_ MILL iJ11 -... CI
VO_. 3BS 7 G T6 P If< I
PRiC1 .
'
V -ct 0 CRIPPLE CREEK
, o . Z LANE
o 0
o 0
. ..sy
Z cc) I
,e-
1
RC{-OF-WAY
lir
■
\
\ S 45°00'00"W L
1 /.7' -% I \ 13.94'
• .
5' WEY UNE _ _ L:•: RUAD
— -- -.... - — - - — -- - - -- V..)THEAsr cok
or ibtST TRACT
PC" NAL F
CEI.erZR,IN IV RI:1D l
. .Y. .,.,
I ,
1 4. c■ %.C. .C
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0 ' ....
0
.
„5...
.1"- i ' ■ ''
r7P C3RNER 'CT
SCALE 1". 100' AJz_ ;- CRS SE; ARE 1/ r FrON■ RODS
(1 /2" IRS) WI IH C.-P homc",;) - FIRTTTA.N & CRIICOli117n"
CITY OF SOUTHLAKE
,.......,
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
• , ,..,/,
..--._
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "8
1 Biurrkai & CRAVPORD PERMANENT UTILITY, DRAINAGE I--
—
AND WALL EASEMENT
0.111 ACRE OF LAND
X
. , ,.,,, . Sri • Isom Oa., • wt.:. f 161 (174 .,..., .
UJ
C.7. 101r, RW.4.1 - 11,15 FRANCIS THROOR SURVEY
DO.- .....c.1a*.....,
AESTRACT No. 151
SOUTHLAKE. TARRANT COUNTY, TEXAS JULY 6, 2010
-ORM
Exhibit "B"
Legal Description of Permanent Utility and Drainage Easement Property
11
32474.8
• •
EXHIBIT 'A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.111 acre cf ;and located in the FRANCIS THROOP SURVEY,
ABSTRACT No 1511, Southlake, Tarrant County. Texas. and being a portion of
a tact cf an conveyed to Jeff Massey, by the deec recorded in Volume 16881,
Page 198. of the Deed Records of Tarrant County, Texas, Said 0.111 acre of
land Oeing more particularly described by metes and bounds as follows:
BEGINNING at a W iron rod marked "Brittain & Crawford" set in the Ncrtll
boundary line of said Massey Tract, and lying N 89° 45 37' W 49.42 feet
from a ''PK" nail found ;narking the Northeast corner of Said Massey Tract
Said Point of Beginning also lying in the new West right-of-way linc of
North Kimball Avenue:
THENCE S OG` 4g' 31' E 478 03 feet, acrig the new West right-of-way
line of said North Kimball Avenue, to a 'A` iron roc marked "Brittan
Crawford", set,
"it IENCE S 45° 00 G0W 13.94 feet, to a point,
THENCE N 36° '9 31 W 457.98 feat. to a pairt in the North boundary
ic of said Massey Tract:
THENCE 5 89° 45' 37' 9 10.00 feet. along the North boundary iine cf
said Massey Tract, b the POINT OF BEGINNING. containing 0 111 acre
(4,830 square feet) of and
; EXHIBIT
a
Exhibit "C"
Exceptions To Title From Title Commitment
12
32474.8
SCHEDULE 6
EXCEPTIONS FROM COVERAGE
GF Number. 09 -04451
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attomey's
fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data
or delete this exception):
in policy to be issued, Item No. 1 will be deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
••••• • • 0111:••• • • • •,• • ••• • •. • :a •• •
)
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 rights of access to
that area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, 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. (If Texas Short Form Residential Mortgagee Policy (T -2R) is issued,
that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the
year 2013 and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
!IRA tydye. (Appliub to Muitggyea (T -2) %Ally.)`
10. The following matters and all terms of the documents creating or offering evidence of the matters (We
must insert matters or delete this exception.):
(09- 04451.PFD/09- 04451 /30)
FORM T -7: Commitment for Title Insurance (Schedule RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
8)
EXHIBIT
SCHEDULE B
(Continued)
GF Number: 09 -04451
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.
(Note: Upon receipt of a survey acceptable to Company, this exception will be deleted. Company
reserves the right to add additional exceptions per its examination of said survey.)
b. Easement for right -of -way recorded in Volume 2063, Page 351, Deed Records of Tarrant County, Texas.
c. Easement for right -of -way recorded in Volume 2063, Page 353, Deed Records of Tarrant County, Texas.
d. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in
Volume 8220, Page 437, Deed Records of Tarrant County, Texas.
-- -- : _ ._ •
• !!!! _ a'-. - ..: . . -
•-Memorant tiffl.
g. Terms, conditions, and stipulations contained in lease agreement between Jeff Massey and wife, Jodie
Lynn Massey, as Lessor, and New Cingular Wireless PCS, LLC, as Lessee, a Memorandum of which is
filed for record under Clerk's File No. D212219369, Deed Records of Tarrant County, Texas. •
h . - - -'... z•-• -._ -
FORM T -7: Commitment for Title Insurance (Schedule (t Y
N 04451 XAS
B) RATTIKIN TITLE COMPAN, T WORTH, TEXAS
EXHIBIT
NON - EXCLUSIVE RETAINING WALL EASEMENT AGREEMENT
IN SETTLEMENT OF CONDEMNATION
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
Effective as of May _ 2013 (the "Effective Date ") that Brian Jeffrey Massey a/k/a/ Jeff
Massey, whose mailing address is 1200 Kimball Avenue, Southlake, TX 76092, hereinafter called
"Grantor," for and in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable
consideration paid by The City of Southlake, Texas, a municipal corporation, 1400 Main Street,
Southlake Texas, 76092, hereinafter referred to as "Grantee," in settlement of a pending
condemnation matter filed by Grantee and pursuant to this Non - Exclusive Retaining Wall Easement
Agreement In Settlement Of Condemnation (the "Permanent Retaining Wall Easement Agreement ")
has granted, and by these presents does grant unto said Grantee a non - exclusive retaining wall
easement under and across a strip of land depicted as "Permanent Retaining Wall Easement
Property" on Exhibit A and with a legal description of the Permanent Retaining Wall Easement
Property attached to this Permanent Retaining Wall Easement Agreement as Exhibit B (the
"Permanent Retaining Wall Easement Property") for a retaining wall and related soil grading and a
surface concrete drainage flume to drain water from Grantor's property (the "Facilities ") in
connection with, and as is necessary for, the Kimball Avenue road expansion project (the "Project ");
pursuant to the terms and conditions set forth below:
Together with the right of ingress and egress along and upon the Permanent Retaining Wall
Easement Property for the purpose of and with the right to construct, reconstruct, maintain, repair,
and make connections to the Facilities.
Grantor reserves the right to use the Permanent Retaining Wall Easement Property for all
purposes that are not inconsistent with the specific rights granted to Grantee under this Permanent
Retaining Wall Easement Agreement. Without limitation, Grantor reserves the right to lay out,
dedicate, construct, maintain, cross, operate, repair, remove, replace, reconstruct, and use that part of
the surface of the Permanent Retaining Wall Easement Property (to the extent not used by Grantee
for above - ground Facilities) for underground telephone cables and conduits, fiber and
communication conduits, and gas, water and sewer pipe lines (collectively the "Allowable
Improvements "), provided, however, the Allowable Improvements do not damage the Facilities;
Grantee agrees to and shall construct, maintain, operate, repair, remove, replace, and reconstruct the
Facilities in accordance with the plans for the currently planned improvements for the Project, and to
cooperate with Grantor, Grantor's agents, and other utility providers to facilitate the installation of
any other above - ground or below- ground improvements, which cooperation will not unreasonably be
withheld. Grantor shall not use the Permanent Retaining Wall Easement Property for landscaping,
signage, or lighting, other than grass cover on all parts of the Permanent Retaining Wall Easement
Property except that part on which are located above - ground facilities, without Grantee's written
approval, which approval will not be unreasonably withheld, provided, however, that Grantor shall
have the right to plant flowers and shrubs (but no trees) on the Permanent Retaining Wall Easement
1
EXHIBIT 33215.4
Property. No later than the conclusion of the work on the Project, Grantee will cover with St.
Augustine grass sod of a good quality all parts of the Permanent Retaining Wall Easement Property
except that part on which is located above - ground Facilities.
In the event Grantee's use of the Permanent Retaining Wall Easement Area causes any
damages to the Allowable Improvements, Grantee agrees to restore within a reasonable time, at
Grantee's soles cost, the Allowable Improvements to their pre - damage condition. However, nothing
contained in this Agreement shall constitute any required governmental approval of any
contemplated improvements, including pavement, or otherwise relieve Grantor from complying with
any applicable ordinances or obtaining any required permits and/or approvals prior to installation or
construction of any proposed improvement unless otherwise excused by the Settlement Agreement in
Lieu of Condemnation between Grantor and Grantee or applicable law.
As a material part of the consideration for this Permanent Retaining Wall Easement
Agreement, Grantee agrees that the use of the Permanent Retaining Wall Easement Property by
Grantee and by Grantee's successors and permitted assigns shall be restricted as follows: the
Permanent Retaining Wall Easement Property shall only be used for the Facilities. Grantor and
Grantee agree that this restriction shall be a covenant that runs with the land.
Grantee may not lease or sublease, or grant any property or possession rights of any kind, to
or within the Permanent Retaining Wall Easement Property without the prior written consent of
Grantor or Grantor's successor(s) in interest, which consent may be withheld for any reason
whatsoever, subject to the conditions and exceptions set forth below. Grantor hereby consents to
Grantee's agents and contractors performing work for Grantee on the Permanent Retaining Wall
Easement Property pursuant to the terms of this Permanent Retaining Wall Easement Agreement.
Grantee further may not assign or sell this Permanent Retaining Wall Easement Agreement or any
rights related to the Permanent Retaining Wall Easement Property except as set out below without
the prior written consent of Grantor, which consent may be withheld for any reason whatsoever. Any
attempted sale or assignment without Grantor's prior written consent shall be void and of no force
and effect. Further, any sale or assignment shall not relieve Grantee from any liability hereunder,
which liability arose, in whole or in part, during the term of this Permanent Retaining Wall Easement
Agreement. Also, nothing contained in this Agreement shall prohibit Grantee from assigning the
Permanent Retaining Wall Easement to another governmental unit or entity that assumes control of
the adjacent right -of -way, including but not limited to Tarrant County and the Texas Department of
Transportation.
This Permanent Retaining Wall Easement Agreement is made by Grantor and accepted by
Grantee subject to the following additional exceptions, reservations, restrictions, conditions and
provisions:
1. The grant of rights under this Permanent Retaining Wall Easement Agreement is
subject to:
a) any and all of the following held or claimed by a governmental entity or
2
33215.4
utility provider, whether of record or not: (i) validly existing prescriptive
easements; (ii) visible and apparent rights of way; and (iii) visible and apparent
prescriptive rights;
b) all presently recorded easements, restrictions, reservations, covenants,
conditions, oil and gas leases, mineral interests, and water interests outstanding in
persons other than Grantor;
c) validly existing utility easements created by recorded dedication deed or
plat;
d) matters described on Exhibit C;
e) any law, ordinance, or governmental regulation (including but not limited
to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting, or relating to the Permanent Retaining Wall Easement Property,
Grantor's other property, or any part of any of the foregoing;
g) any discrepancies, conflicts, or shortages in area or boundary lines; and
h) any encroachments or overlapping of improvements, provided, however to
the extent that paving or landscaping existing as of the Effective Date overlaps or
encroach upon the Permanent Retaining Wall. Easement Property, Grantee may
demolish and remove such existing paving or landscaping, at Grantee's sole cost
and expense and in accordance with the terms of this Permanent Retaining Wall
Easement Agreement.
2. The grant of rights under this Permanent Retaining Wall Easement Agreement is
subject to all visible encumbrances on, in, or affecting the Permanent Retaining Wall Easement
Property, Grantor's other property, or any part of any of the foregoing, provided, however that to the
extent that paving or landscaping existing as of the Effective Date overlaps or encroach upon the
Permanent Retaining Wall Easement Property, Grantee may demolish and remove such existing
paving or landscaping, at Grantee's sole cost and expense and in accordance with the terms of this
Permanent Retaining Wall Easement Agreement.
3. Grantee shall be entitled to use the Pei anent Retaining Wall Easement Property
solely for the purposes expressly set forth in this Permanent Retaining Wall Easement Agreement
and for no other purpose. Until a new driveway is constructed from Kimball Avenue across the
Permanent Retaining Wall Easement Property to Grantor's property at a location approved in writing
by Grantor, which approval shall not be unreasonably withheld, Grantee shall not close or impede
access to Grantor's property over and through the existing driveways from Kimball that crosses the
Permanent Retaining Wall Easement Property, provided, however, Grantee may temporarily close
one of Grantor's existing driveways from Kimball Avenue if: i) it is necessary and unavoidable for
utility relocation and other construction activities in connection with the Project; and ii) Grantee
provides Grantor with an alternative, temporary access drive from Kimball to Grantor's property that
3
33215,4
is reasonably satisfactory to Grantor. During the Project, Grantee will: (i) provide continuous access
from Grantor's property to Highland. Street across the existing drive from Grantor's property to
Highland Street or an alternative, temporary access drive from Grantor's property to Highland Street
that is reasonably satisfactory to Grantor; ii) provide continuous access to Grantor's entrances to the
buildings located on Grantor's property and /or iii) not impede Grantor's sidewalk on the east side of
Grantor's property adjacent to Grantor's existing building. Grantee will not store, or allow any other
person or entity to store, any gasoline, diesel or other fuel, oil, or any other dangerous, hazardous or
toxic materials or compounds on the Permanent Retaining Wall Easement Property.
4. It shall be Grantee's sole responsibility to ensure that the Facilities are installed so that
they will not interfere with or affect existing utilities, improvements, structures, and other
encumbrances (except to the extent that paving, driveway, or landscaping existing as of the Effective
Date overlaps or encroach upon the Permanent Retaining Wall Easement Property in which case
Grantee may demolish and remove such existing paving, driveway, or landscaping, at Grantee's sole
cost and expense and in accordance with the terms of this Permanent Retaining Wall Easement
Agreement), that the Permanent Retaining Wall Easement Property is adequate for Grantee's
intended and actual use, and that Grantee's use of the Permanent Retaining Wall Easement Property
complies with all state, federal, and local requirements for the excavation, construction,
reconstruction, installation, operation, repair, maintenance, replacement, alteration and/or removal of
Grantee's Facilities.
5. Grantee hereby agrees to obtain, and require its contractors, subcontractors, agents
and employees to obtain, all required permits and governmental approvals for all activity on or
affecting the Permanent Retaining Wall Easement Property so as to meet all regulatory requirements
and shall complete all work in accordance with City of Southlake, Texas specifications,
requirements, and contracts. Grantee shall construct, maintain, operate, repair, remove, replace, and
reconstruct the Facilities in accordance with City of Southlake, Texas specifications, requirements,
and contracts, and in accordance with all applicable federal, state and locallaws, statutes, orders,
ordinances, rules, regulations, standards, plans, policies and decrees. Grantee shall, in all activities
undertaken pursuant to this Permanent Retaining Wall Easement Agreement, comply and require its
contractors, agents and employees to comply with all federal, state and local laws, statutes, orders,
ordinances, rules, regulations, standards, plans, policies and decrees.
6. Grantee will be solely responsible for the safety of all its employees, contractors,
subcontractors, consultants, invitees, agents and other persons who enter onto the Permanent
Retaining Wall Easement Property at the direction or request of Grantee. Further, Grantee shall
require its general contractor to obtain adequate insurance covering personal injury, death, and
property damage from his /its activities and the activities of its employees, subcontractors, consultants
or other agents entering the Permanent Retaining Wall Easement Property on the Permanent
Retaining Wall Easement Property. Such insurance will be the primary insurance coverage for any
claims and Grantor's insurance, if any, shall be considered secondary insurance.
7. Grantee will maintain the Facilities in good condition in accordance with City of
Southlake and any other applicable laws, ordinances, rules, and regulations. Upon completion of any
4
33215.4
construction, maintenance, repair, removal, replacement, reconstruction or other work on or in the
Permanent Retaining Wall Easement Property, Grantee shall promptly restore that part of the surface
of the Permanent Retaining Wall Easement Property that is not used for above - ground Facilities to a
landscaped condition consistent with the Project. If any other portion of Grantor's property outside
the Permanent Retaining Wall Easement Property is damaged as a result of Grantee's activities,
Grantee will promptly repair and restore such damaged area to its pre - damage condition. Grantor
shall be entitled to receive from the City Secretary's office, upon request, copies of all as -built
construction drawings for the Facilities to be located on the Permanent Retaining Wall Easement
Property at the later of 60 days after Grantee completes construction and any later reconstruction of
the Facilities or 30 days after Grantee receives such drawings.
8. It is expressly understood and agreed that this Permanent Retaining Wall Easement
Agreement does not constitute a conveyance in fee of any part of the Permanent Retaining Wall
Easement Property or a conveyance of any interest in the oil, gas (including casinghead gas and all
gaseous substances), hydrocarbons, other minerals, water, sulphur, or other materials in, on, and/or
under the Permanent Retaining Wall Easement Property, which rights are expressly retained by
Grantor, but only grants the non - exclusive easement rights specifically provided in this Permanent
Retaining Wall Easement Agreement; if the Permanent Retaining Wall Easement Property is subject
to existing production or an existing lease, this reservation includes the production, the lease, and all
benefits from it provided, however, that neither Grantor nor Grantor's agents or assigns shall explore
for, mine or drill for or otherwise produce the water, oil, gas (including casinghead gas and all
gaseous substances), hydrocarbons, or any other minerals reserved herein, from or on the surface of
the Permanent Retaining Wall Easement Property, but Grantor shall have the right to produce the
water, oil, gas, hydrocarbons, and other minerals reserved herein only by directional drilling or other
indirect means at a depth of not less than two hundred feet (200') below the surface in a manner
which does not enter upon, or interfere with Grantee's rights under this Permanent Retaining Wall
Easement Agreement.
9. Grantee shall not permit to be placed against the Permanent Retaining Wall Easement
Property, Grantor's other property, or any part of either, any design professionals', mechanics',
materialmen's contractors' or subcontractors' liens with regard to Grantee's actions and activities
upon or affecting the Permanent Retaining Wall Easement Property. GRANTEE AGREES, TO
THE EXTENT PERMITTED BY LAW, TO HOLD THE GRANTOR HARMLESS FOR
ANY LOSS ARISING FROM ANY SUCH LIENS WHICH MIGHT BE FILED AGAINST
GRANTOR'S PROPERTY, INCLUDING WITHOUT LIMITATION THE PERMANENT
RETAINING WALL EASEMENT PROPERTY. THE INDEMNITY AND OTHER RIGHTS
AFFORDED BY THIS SECTION SHALL SURVIVE THE TERMINATION AND
EXPIRATION OF THIS PERMANENT RETAINING WALL EASEMENT AGREEMENT.
10. The rights granted under this Permanent Retaining Wall Easement Agreement are
granted until the Facilities or use of the Permanent Retaining Wall Easement Property shall be
Abandoned, and in that event such rights shall cease and all rights granted under this Permanent
Retaining Wall Easement Agreement shall terminate and revert to Grantor or Grantor's heirs,
successors, assigns and/or legal representatives. "Abandon" or "Abandonment" as used herein, is
5
33215.4
defined as the non -use of the Facilities or the Permanent Retaining Wall Easement Property for the
purpose herein granted, for a continuous period of five years and the Grantee agrees that it has no
further intent to use the Permanent Retaining Wall Easement Property for any of the permitted
purposes.
11. No termination or expiration of the Permanent Retaining Wall Easement Agreement
shall release Grantee from any liability or obligation under this Permanent Retaining Wall Easement
Agreement.
12. In the event of a dispute between the parties with respect to the terms or conditions of,
or the rights or obligations under, this Permanent Retaining Wall Easement Agreement, the
prevailing party shall be entitled to collect from the other party its reasonable attorneys' fees.
13. If a court finds any provision of this Permanent Retaining Wall Easement Agreement
to be invalid or unenforceable as to any person or circumstance, such finding shall not render the
provision invalid or unenforceable as to any other persons or circumstances. To the extent feasible,
any provision found to be invalid or unenforceable shall be deemed to be modified to be valid and
enforceable; however, if a material provision cannot be so modified, then such invalidity, illegality,
or unenforeeability shall not affect any other provision hereof, and this Permanent Retaining Wall
Easement Agreement shall be construed as if the invalid, illegal, or unenforceable provision had
never been contained herein, and the remaining provisions of this Permanent Retaining Wall
Easement Agreement will remain in effect.
14. This Permanent Retaining Wall Easement Agreement is not valid or binding on any
party unless executed by all of the parties listed below. This Permanent Retaining Wall Easement
Agreement may be executed in one or more counterparts, each of which shall be deemed an original
but all of which together shall constitute one and the same instrument.
15. The provisions of this Permanent Retaining Wall Easement Agreement shall extend to
and be binding upon Grantee and Grantor and their permitted successors and assigns, if any.
15. Grantee agrees and represents that: (i) this Permanent Retaining Wall Easement
Agreement is binding on Grantee and enforceable as an agreement in settlement of condemnation
under Texas A &M University- Kingsville v. Lawson, 87 S.W.3d 518 (Tex. 2002) and City of
Carrollton v. Singer, 232 S.W.3d 790 (Tex. App.- -Fort Worth 2007, pet. denied) as clarified by any
subsequent decisions of the Texas Supreme Court or the Fort Worth Court of Appeals. In the event
of a suit by Grantor against Grantee for breach of this Permanent Retaining Wall Easement
Agreement, Grantee will not assert immunity from such suit, pursuant to the law as set out in the
cases cited above.
16. GRANTEE IS TAKING THE PERMANENT RETAINING WALL
EASEMENT PROPERTY PURSUANT TO AN AGREEMENT BETWEEN THE PARTIES
IN SETTLEMENT OF CONDEMNATION. THE CONSIDERATION WAS BARGAINED
ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE
6
33215.4
AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR
EXPRESS OR IMPLIED WARRANTIES EXCEPT AS EXPRESSLY PROVIDED HEREIN,
IFANY. GRANTEE HAS NOT RELIED ON ANY INFORMATION PROVIDED BY
GRANTOR OR ANY PERSON OR ENTITY ACTING ON GRANTOR'S BEHALF OR FOR
WHOM GRANTOR HAS RESPONSIBILITY OTHER THAN GRANTEE'S INSPECTION.
TO HAVE AND TO HOLD unto Grantee, without warranty of title, either expressed or
implied, for the term hereinafter set forth, and subject to the terms, conditions, limitations,
reservations, and exceptions contained in this Permanent Retaining Wall Easement Agreement, until
the Facilities or use of the Permanent Retaining Wall Easement Property shall be Abandoned as
provided in this Permanent Retaining Wall Easement Agreement, and in that event said Permanent
Retaining Wall Easement Agreement shall cease, all rights herein granted shall terminate, and all
rights to use the Permanent Retaining Wall Easement Property shall automatically revert to Grantor
or Grantor's heirs, successors, assigns and/or legal representatives.
EXECUTED to be effective as of May _, 2013.
GRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
By:
Brian Jeffrey Massey The Honorable John Terrell, Mayor
1200 North Kimball Avenue 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
Attest:
Alisha Richardson, City Secretary
REMAINDER OF PAGE INTENTIONALLY BLANK
7
33215.4
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared BRIAN JEFFREY MASSEY, known to me (or proved to me on the oath of
or through [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 May, 2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared the Honorable JOHN TERRELL, Mayor of the City of Southlake, known to me (or
proved to me on the oath of or through [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, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of May, 2013.
Notary Public in and for
The State of Texas
My Commission Expires:
Typed or Printed Name of Notary
8
33215.4
Exhibit "A"
Survey of Permanent Retaining Wall Easement Property
9
33215.4
RICHARD HOLUDAY AND WIFE,
MARY ANN HOLUDAY w
z
VOL. 14325, PG. 524, D.R.T.C.T.
I kI '
NORTHWEST CORNER
rn MASSEY TRACT
"PK" NAIL FOUND
1/2" IRON ROD SEi
° e TUMBLEWEED
° TR AIL
c .y I of -
a ,� N 89°45'37"W
49 42'
o N •
49.42'
N 89 ° 10'29 "E 10.00 QO I
N 00°49'31"W 25.00' ;> POINT I OF BEGINNING
I
S 89 °10'29 "W 7.00'1
PROPO NEW
JEFF MASSEY RIGHT- F -WAY
VOL. 16881 M PG. 198 1 LIME
D.R.T.C.T. I
LOT 3, THE HILL ADDITION
VOL. 388 -159, PG. 96 ' o
P.R.T.C.T. PERMANENT WALL 1,?; m
0.025 ACRE / 1075 SQ.FT. M o 1 -o CRIPPLE CREEK
,�\ o h M s 0 LANE
,
9. NEW „ 1
RIGHT -OF -WAY UNE
S 89 °10'29 "W
3.00'
I
1/2" IRS I I
_ - 1/2" IRS
SURVEY LINE CENTERLINE ROAD
` - - - "PK" NAIL FOUND
_ __ _ _ - _ - - �- SOUTHEAST CORNER
"PK" NAIL FOUND IN I OF MASSEY TRACT
CENTERLINE OF ROAD
J¢- '0ryh
I °' �o
z F 5
l y. �0
I I J 1 °a In
;`1P.
lr P PROPERTY CORNER NOTE
SCALE 1 "= 100' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2" IRS) WITH CAP MARKED "BRFTTAIN & CRAWFORD"
(ti
Sj
CITY OF SOUTHLAKE
S 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
/''� EXHIBIT "B" �' �
BRIT T l �RARFORD 7 ��� 1 � ' L
TOPOGRAPHIC MAPPING PERMANENT WALL EASEMENT . /7y X 0.025 ACRE OF LAND (,+ , JAMES L BRITTAIN
, .
(8171 Yx &-0x11 - METRO (817) 4t9-0111 LOCATED IN THE � . v�" 1674 .1:q.1 W
R.O. R WA1' ID (1 3)D eoun FREEWAY •, ! '. 0 , , 41Q F.{ t
FOR WPM =,B ,g, ;O FRANCIS THROOP SURVEY .-
NAL aemt^«RRbin-..wAaNSain ABSTRACT No. 1511
SOUTHLAKE, TARRANT COUNTY, TEXAS N VISED 2, 2011 1.11
\KIARALL _FS - 15\ REVISED MAY 10, 2013 4111111111.11.10
Exhibit "B"
Legal Description of Permanent Retaining Wall Easement Property
10
33215.4
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.028 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake. Tarrant County, Texas, and being a portion of
a tract of and conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.028 acre of
and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the new West right -of -way line of North Kimball
Avenue, and lying N 89° 45' 37" W 49.42 feet, and S 00 "49'31 "E 92.80
feet, from a "PK" nail found marking the Northeast corner of said Massey
Tract. Said Point of Beginning also lying in the new West right -of -way line
of North Kimball Avenue;
THENCE S 00° 49' 31" E 300.00 feet, along the new West right -of -way
line of said North Kimball Avenue, to a point;
THENCE S 89° 10' 29" W 3.00 feet, to a point;
THENCE N 00° 49' 31" W 275.00 feet. along a line 3 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point:
THENCE S 89° 10' 29" W 7.00 feet, to a point;
THENCE N 00° 49' 31" W 25.00 feet, along a line 10 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point:
THENCE N 89° 10' 29" E 10.00 feet, to the POINT OF BEGINNING,
containing 0.028 acre (1,075 square feet) of land.
EXHIBIT g:201 C'4egalslklmbell- IegalslES1N15B
1 13
Exhibit "C"
Exceptions To Title From Title Commitment
1I
33215.4
SCHEDULE B
EXCEPTIONS FROM COVERAGE
GF Number 09 -04451
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attomey's
fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data
or delete this exception):
In policy to be issued, Item No, 1 will be deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
)
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 rights of access to
that area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, 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. (If Texas Short Form Residential Mortgagee Policy (T -2R) is issued,
that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the
year 2013 and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
10. The following matters and all terms of the documents creating or offering evidence of the matters (We
must insert matters or delete this exception.):
(09- 04451.PFD/09- 04451!30)
FORM T -7: Commitment for Title Insurance (Schedule RA'fTIKiN TITLE COMPANY, FORT WORTH, TEXAS
B) EXHIBIT
SCHEDULE B
(Continued)
GF Number: 09 -04451
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.
(Note: Upon receipt of a survey acceptable to Company, this exception will be deleted. Company
reserves the right to add additional exceptions per its examination of said survey.)
b. Easement for right-of-way recorded in Volume 2063, Page 351, Deed Records of Tarrant County, Texas.
c. Easement for right-of-way recorded in Volume 2063, Page 353, Deed Records of Tarrant County, Texas.
d. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in
Volume 8220, Page 437, Deed Records of Tarrant County, Texas.
• - - --
• • _ e - - : _ • • •. - • • • • � • i 1 • • � _ ' ' : _ - - • - • - _ _ _ .
1
• •• .- . w-. '- _ . •1 as a •- v • . • . . _
—Memerondum.
g. Terms, conditions, and stipulations contained in lease agreement between Jeff Massey and wife, Jodie
Lynn Massey, as Lessor, and New Cingular Wireless PCS, LLC, as Lessee, a Memorandum of which is
filed for record under Clerk's File No. D212219369, Deed Records of Tarrant County, Texas.
• ••- • • = . -
(09-04451 . P F D /09- 04451 /30)
FORM T -7: Commitment for Title Insurance (Schedule RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
B)
EXHIBIT
mg-
SETTLEMENT
AGREEMENT
EXHIBIT R
AFFIDAVIT OF DISCLAIMER AND WAIVER
By these presents, Masco Service Corporation does hereby disclaim and waive any
right, title, or interest in: (i) the property described on Exhibits A, B, and C, whether by
lease or otherwise, and any right to recover any payment, compensation, fees, or expenses
from the City of Southlake Texas, in connection with the transfer to the City of Southlake,
Texas title and / or easements over such property in connection with the settlement of a
pending condemnation matter.
MASCO SERVICES CORPORATION
By: Brian Jeff Massey
Its: President
1200 Kimball Avenue
Southlake, Texas 76092
STATE OF TEXAS )
COUNTY OF TARRANT )
Before me, the undersigned authority, on this day personally appeared Brian Jeff Massey, who,
having been first duly sworn, on oath stated that he is the President of Masco Services Corporation,
that he is authorized to execute the foregoing Affidavit of Disclaimer and Waiver on behalf of
Masco Services Corporation, and that he has executed such Affidavit with full authority to so act.
SIGNED AND SEALED this day of April, 2013.
(Seal and Expiration)
Notary Public in and for the State of Texas
EXHIBIT
DISCLAIMER AND WAIVER — Page 1
33216.3
• •
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT -OF -WAY
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.816 are of land located in the FRANCIS TNROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion cf
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.816 acre of
land being more particularly described by metes and bounds as follows.
BEGINNING at a "PK" nail found at the Southeast corner of said Massey Tract,
and lying at the intersection of the centerline of North Kimball Avenue, with
the centerline of E. Highland Street;
THENCE N 89' 39' 25" W 331.64 feet, along the South boundary line of
said Massey Tract, and along the centerline of E. Highland Street:
THENCE N 00° 35' 06" W 34.98 feet. along the West boundary line of
said Massey Tract, to a W iron rod marked 'Britain & Crawford" set. in
the new North right -of -way line of said E. Highland Street;
THENCE S 89° 38' 59" E 269.97 feet. along the new North right-of-way
line of said E. Highland Street, to a W iron rod marked "Britain &
Crawford' set in the new West right -of -way line of said North Kimball
Street;
THENCE along the new West right -of -way line of said North Kimball Street,
as follows'
1. N 45` 00' 00' E 19.71 feet, to a W iron rod marked 'Britain &
Crawford" set;
2. N 00' 49' 31" W 478.08 feet, to a W iron rod marked 'Britain &
Crawford" set in the North boundary line of said Massey Tract, lying in
the South boundary line of a tract of land conveyed to Richard Holliday
and wife, Mary Ann Holliday, by the deed recorded in Volume 14325,
Pace 524, by the Deed Records of Tarrant County, Texas;
THENCE S 89' 45' 37" E 49.42 feet, along the North boundary line of
said Massey Tract, and the South boundary line of said Holliday Tract_ to
a 'PK" nail found at the Northeast corner of said Massey Tract, lying in the
centerline of said North Kimball Avenue;
THENCE S 00° 35' 17" E 527.10 feet, along the East boundary tine of
said Massey Tract, and the centerline of said North Kimball Avenue, to the
POINT OF BEGINNING, containing 0 816 acre (35,543 square feet) ci
land.
EXHIBIT
nOtrJe s:hiriban- 44ak;n'Ow1
•
AREA TABLE ! RICHARD HOLLIDAY AND WIFE, zi
0.816 ACRE TOTAL i MARY ANN HOLLIDAY =-
(35.543 5Q.FT.) VOL_ 14325, PC. 524, 0.R'.;.T. i ■
PRESC
RIF S 89 °45'37 "E uI 1
R1Gl r-OF -WAY 49.42' , "'K" NAIL FOUND
0338 ACRE NE7 � - - -
(14,70o so.n.) - - - - TUMBLEWEED
1/2" IRS s lr TRAIL
Q 5� PERMANENT G_ �I I
RIGHT -OF -WAY LINE
•CZ
! G\S 01 -4v1
Q r Jr
o 4 .
LA
te
JEFF MASSEY h < o 4 S��
VOL 16881, PG. 198
L. 2 1
D.R.T.C.T. o
LOT 3, THE HILL ADDITION ,-
VOL. 388 -159, PG. 96 x _
P.R.TC.T. ,,,�� - i.
> n eZ
� 'e .. - .- CRIPPLE CREEK
s 01 " eh LANE
O' 0 o o 1 to
Z
1 y 2
`yO
PERMANENT 1
fcTr,HT -of -WAY tNE N 45 °00'00 "E .c ' °
N 00 °35'06 "W 19.71' f'
34 98' i S $9°38'59 "E 1/2' s
269.97'
- rrz s- 25 POINT OF
sURw r L NE _ N CEN ROAD N , BEGINNING
"PK" NAIL FOUND
_N_89°39 r' 31-64 ' =� � 1 IN C_AITERUNE
"PK" NAIL FOUND IN 1 INTFJ?SECTION
CENTERLINE Or- ROAD
PRESCRIPTIVE .G, -.O°g I 1
RIGHT- OF -WAT UNE 5J , I
. ` tee ., 1 z 1
SURVEYED ON THE GROUND ....‘1'
.. vS9 l n 1
CCTOEIER 7. 2009 / .. I 1
s . - Iy
i
`
I. . + ►+C 5 L BRITIAN ,
.ttH[..5 L 9RRTAMe '•.."y +'o, PROPELZtt CORNER NOTE
kfEFD PRA SUR
LAND SURYEYOR .. . ALL PROPERTY =PIERS SET ARE 1/2" IRON RODS
STATE OF TEXAS NO. 1674 (1 /2'9RS) WITH CAP MARKED "BRITTAJN & CRAWFORD"
CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHL4KE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B" - N
BRrrrAI & CRA'WFORD PERMANENT RIGHT -OF -WAY
"' " 0.516 ACRE OF LAND
TOPCGRAPNC
� ' w,c LOCATED IN THE I I x
" P20Q11 i W,.1„ ",' : FRANCIS THROOP SURVEY W
P . a Ba ■ sr. -you aam. MVP.
FOR *PPM 11=t+ MI,C ABSTRACT Flo. 1511
SOUTHLAKE, TARRANT COUNTY.
:MI M I. N_ROWIn \ TEXAS SCALE 1 "= 100' .sawaa
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL15
BEING 0.111 acre cf iand located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198. of the Deed Records of Tarrant County, Texas. Said 0.111 acre of
land being more particularly described by metes and bounds as follows:
BEGINNING at a W iron rod marked "Brittain & Crawford' set in the North
boundary tine of said Massey Tract. and lying N 89° 45' 37" W 49.42 feet
from a °PK° nail found marking the Northeast corner of said Massey Tract.
Said Point of Beginning also Tying in the new West right -of -way line of
North Kimball Avenue;
THENCE S 00°49'31' E 478.08 feet, along the new West right -of -way
True of said North Kimball Avenue, to a W iron rod :marked "Britain &
Crawford', set
THENCE 3 45° 00' 00 W 13.94 feet, to a point;
THENCE N 00 49' 31' W 487.98 feet. to a point in the North boundary
tine of said Massey Tract:
THENCE S 89° 45' 37' E 10.00 feet, along the North boundary tine of
said Massey Tract, to the POINT OF BEGINNING, containing 0.111 acre
(4,830 square feet) of land.
1
b 2co:.4._ms4, -- t*r EXHIBIT
4 it
RICHARD MQLUDAY AND WIFE.
WARY ANN 1 OLLIDAY Li
VOL 14325, P. 524, D.R ^.G.S. .a
s-I
POINT Or BEGINNIN
UASSZY HIE ST E
1/2 tRSi! MD SET "PIC' NAIL Faun
kr
i _ _ ti TUMBLEWEED
'` 1 S 89 °45'37 "E TRAIL
o 10.00' N 84.43'37Vt __`"
4' I <a. 4 2'
PERMANENT UTIUTr, DRAINAGE
AND WALL EASEMENT •1 . D w
0.111 ACRE / 4,830 SQ.FT, LCWE
JEFF MASSEY te ". o
r
VOL. 16881, PG. 198 a m I
D.R.T.C.T. ' x I
3. THE HILL A TkCH _ GS
VOL. 338 - 159. PG. '6 3: Lc! If d I
P.R.T.^_.T. - e a
t
0 CRIPPLE CREEK
�,` C z LANE
0
o i -
.c'' z 1 1
, 1
t
tiElY 1
RiG HI -0F -WAY 1,1NE 1 1
\
S °QO'CO 4V ;
- - t \ 13_94' 1
,, ,RS
st .'E UN CENTER,,9'JE ROAD I
_ _ _ _ _ _ _ 1 '•?x" NAL r
5011T TSi CORNER .
�• =iC' NA!i 'FOUND IN F 1 Or ASSTY TRACT
•' <" NA R ' 01' RI
- -. - _ 1
y �`� o .
�
. ..,.
I
U j
sa
a •
-4 i t.
ccA 1
S .
P PROPUiTY CORNER I' CE<
SCALE 1 "_ 100' AL PROPERTY CC RS SET ARE S /2" IRON ROOS
(1/2" IRS) KITH CAR MARKL'$RfTT At CRAWFORrD"
' ' CITY OF SOUTHLAKE j.
t �� 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, Ski 114 TO EAST HIGHLAND STREET
EXHIBIT "8" F_
r
OM l ,
3Etrrr> T &CROTORD ' PERMANENT UTILITY, DRAINAGE m
1A,o sun ,~c t AND WALL EASEMENT ,� c
r�: >' Z
t xx�uvur. uu •o, c
0.111 ACRE OF LARD = `� X ,K
.:T: avv I1 • u1. r .,r, .:.-,.1e . LtiiES - 'S Tiaii W
N. $74-16.1,1 LOCATED lit THE
1.,.. . s@ , n... ?OM .MIT.. Ktnr e; I fi71
o" aunt. sus T6114 FRANCIS NROOP SURVEY ` A+ ` {o pt
°u" ABSTRACT t o, 1511
riccc+sr.:LCS_,st sotTINLAKE TARRANT COU 2TY, TEXAS JULY o 2010 Jiancit4
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.028 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.028 acre of
and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the new West right -of -way line of North Kimball
Avenue, and lying N 89° 45' 37" W 49.42 feet, and S 00'49'31 "E 92.80
feet, from a "PK" nail found marking the Northeast comer of said Massey
Tract. Said Point of Beginning also lying in the new West right -of -way line
of North Kimball Avenue;
THENCE S 00° 49' 31" E 300.00 feet, along the new West right -of -way
line of said North Kimball Avenue, to a point;
THENCE S 89° 10' 29" W 3.00 feet, to a point;
THENCE N 00° 49' 31" W 275.00 feet, along a line 3 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue. to
a point;
THENCE S 89° 10' 29" W 7.00 feet, to a point;
THENCE N 00° 49' 31` W 25.00 feet, along a line 10 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point;
THENCE N 89° 10' 29' E 10.00 feet, to the POINT OF BEGINNING,
containing 0.028 acre (1,075 square feet) of land.
EXHIBIT
9:201 0Ueg a lslkim ba n.le g a ls'E SW 156
CO'
RICHARD HOLUDAY AND WIFE,
MARY ANN HOLUDAY W
VOL. 14325, PG. 524, D.R.T.C.T.
I I 1
I D NORTHWEST CORNER
N MASSEY TRACT
"PK" NAIL FOUND
`J ,L" 1/2" IRON ROD SET - -
oo — — _ _ _ TUMBLEWEED
." .W
G i TRAIL
\� I :'b
N 89 °45'37 "W
I N 89°10'29"E 10.00 ° 0, a9.a2'
1 N 00°49'31"W 25.00' io POINT I OF BEGINNING
P
S 89 °10'29 "W 7.001
JEFF MASSEY PROPO NEW
1 RIGHT F -WAY
1 VOL. 16881, PG. 198 LJ E
D.R.T.C.T. I I
LOT 3, THE HILL ADDfTION
VOL. 388 -159, PG. 96 , b
P.R.T.C.T. PERMANENT WALL o <
I EASEMENT - 0 1 — —
10.025 ACRE / 1075 SQ.FT. '7)-8 w 1 Yp CRIPPLE CREEK
,` v0 a LANE
0
0 • ON 1 � M E"�� -
,� ° . re 1
Q., I z
I Z
NEW v 1
RIGHT —OF —WAY L "'
S 89 °10'29 "W
3.00'
I
1/2" IRS I 1
- - - - ._-- ------ -_.� —�. —_ 1/ IRS
SURVEY LINE CENTERLINE ROAD
- - - - - - , "PK" NAIL FOUND
- - - SOUTHEAST CORNER
"PK" NAIL FOUND IN 1 OF MASSEY TRACT
CENTERLINE OF ROAD
I 500 �ry�
I
I z 1 /c o.
F 5
I y. PO
0
II o `�� i
U � 5 Sa o
�(.): LP G
ll 0 PROPERTY CORNER NOTE
SCALE 1 "= 100' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2" IRS) WITH CAP MARKED "BRRTAIN do CRAWFORD"
} r CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
Il k
•
//''YY���� EXHIBIT "B" WFORD Al , , -', ' / t F M = M
R VEYI �K8 . . E p� W
I &
� PERMANENT WALL EASEMENT I , * s Z
TOPOGRAPHIC MAPPING �, y
JAY ES L BRRTAIN
V 0.025 ACRE OF' LAND X
cel � Iex F 6 ucN l a (e+ � i azsai•za -ellx `� r ��i167 4�yo ? T
LOCATED IN THE \ - _..__ ................., W
s .ssa{
FORT ' KI a ,� 1 "�"" FRANCIS THROOP SURVEY " ° suR‘it J
`"" °""1nObi """'`""`°" ABSTRACT No. 1511
SOUTHLAKE, TARRANT COUNTY, TEXAS NOVEMB ` 2, 2011
VuWIU �ES_I5\ REVISED MAY 10, 2013
SETTLEMENT
AGREEMENT
EXHIBIT T
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT
This Non - Exclusive Joint Use Private Access Easement (the "Agreement ") is entered into by and
between Brian Jeff Massey ( "Massey ") and Richard Holliday and Mary Ann Holliday
(collectively "Holliday ") (Massey or Holliday, a "Party" and Massey and Holliday collectively
the "Parties ").
RECITALS:
WHEREAS, Massey is the owner of that certain property in the City of Southlake,
Tarrant County, Texas, which property is more particularly described on Exhibit A attached
hereto and made a part hereof ( "Massey Property"); and
WHEREAS, Holliday is the owner of that certain property in the City of Southlake,
Tarrant County, Texas, more particularly described on Exhibit B attached hereto and made a part
hereof ( "Holliday Property "); and
WHEREAS, it is the intended purpose of Massey and Holliday to grant to each other a
perpetual, non - exclusive, joint use private access easement over, through and across the Massey
Easement Area and the Holliday Easement Area to allow free and uninterrupted pedestrian and
vehicular ingress to, egress from, and access across and between the Massey Easement Area and
the Holliday Easement Area, for the benefit of the Massey Property and the Holliday Property, on
the terms, conditions, and restrictions contained in this Agreement;
NOW, THEREFORE, in consideration of the recitals set forth above, the covenants,
stipulations, promises, and agreements contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which is admitted, and subject to the reservations
exceptions, terms, conditions and restrictions set forth below, Massey and Holliday agree to the
following:
A. Grant of Perpetual, Non - Exclusive, Joint Use Private Access Easements And
Related Terms
1. Subject to the reservations, exceptions, terms, conditions and restrictions set forth
below, Massey hereby grants and conveys unto Holliday, and Holliday's heirs,
successors and assigns, a perpetual, non - exclusive, joint use private access
easement across the Massey Easement Area for the purposes of providing free and
uninterrupted pedestrian and vehicular ingress to, egress from, and access across
and between the Massey Easement Area and the Holliday Easement Area for the
benefit of all or any portion of the Holliday Property. As used in this Agreement,
the Massey Easement Area shall mean the portion of the Massey Property
described on Exhibit C attached hereto and incorporated herein and as shown as a
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 1
EXHIBIT 33637.7
"Common Access Easement" on the attached Exhibit E, which area extends from
the northern boundary of the Massey Property fifteen (15) feet to the south, and
approximately one hundred thirty -five (135) feet in length, and also extends from
the western right -of -way line of Kimball Avenue to the eastern boundary of the
Texas Power & Light utility easement.
2. Subject to the reservations, exceptions, terms, conditions and restrictions set forth
below, Holliday hereby grants and conveys unto Massey, and Massey's heirs,
successors and assigns, a perpetual, non - exclusive, joint -use private access
easement across the Holliday Easement Area for the purposes of providing free
and uninterrupted pedestrian and vehicular ingress to, egress from, and access
across and between the Holliday Easement Area and the Massey Easement Area
for the benefit of all or any portion of the Massey Property. As used in this
Agreement, the Holliday Easement Area shall mean the portion of the Holiday
Property as described on Exhibit D attached hereto and incorporated herein and as
shown as a "Common Access Easement" on the attached Exhibit E, which area
extends from the southern boundary of the Holiday Property fifteen (15) feet to
the north, and approximately one hundred thirty-five (135) feet in length, and also
extends from the western right -of -way line of Kimball Avenue to the eastern
boundary of the Texas Power & Light utility easement.
3. Massey has entered or will enter into a Settlement Agreement In Lieu Of
Condemnation with the City of Southlake, Texas by which the City of Southlake
has agreed to have constructed the driveway and drive improvements (the "New
Driveway and New Drive ") shown on the attached Exhibit E, pursuant to the
specifications attached as Exhibit F. Holliday does hereby grant to the City of
Southlake, Texas a temporary construction easement over, through and across the
portion of the Holliday Property shown on Exhibit E as the Temporary
Construction Area and described on Exhibit G attached hereto and incorporated
herein, for the purpose of constructing the New Driveway and New Drive; this
temporary construction easement will terminate and be of no further force or legal
effect on the earlier of when the construction of the New Driveway and New
Drive is completed or June 1, 2014, whichever occurs first, provided that the City
of Southlake may elect to extend the temporary construction easement as
necessary to complete the New Driveway and New Drive for one additional
twelve (12) month period by giving Holliday written notice of its election to
extend no later than March 1, 2014. If the City of Southlake exercises its right to
extend as described herein, then the temporary construction easement will
terminate and be of no further force or legal effect on the earlier of the date the
construction of the New Driveway and New Drive is completed or June 1, 2015,
whichever occurs first.
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 2
33637.7
4. The easements described in this Agreement are appurtenant to and run with the
Massey Property and the Holliday Property (collectively the "Properties ") and
portions thereof, whether or not such easements are referenced or described in any
conveyance of the Properties, or any portion thereof. The easements described in
this Agreement are for the benefit of the Parties and the heirs, successors, and
assigns of the Parties who at any time own all or any portion of the Properties or
any interest therein (as applicable, "Holders "), and the easements granted
hereunder and all provisions of this Agreement, including all benefits and
burdens, shall run with the Properties, shall be perpetual, and are binding upon the
successor owners of the Properties or any portion thereof.
5. The New Driveway and New Drive to be located on the Massey Easement Area
and the Holliday Easement Area must be maintained at a level of appearance and
utility consistent with the industry standards then prevailing for similarly used
properties in the market in which the Properties are located. Each Holder will be
solely responsible for the costs of maintaining the portion of the New Driveway
and New Drive located on that Holder's Property. If a Holder does not perform
the required maintenance, then any other Holder, after giving the nonperforming
Holder thirty days' written notice, will have the right to perform the maintenance
and receive reimbursement from the nonperforming Holder. Reimbursement will
be payable on demand and include the costs of the maintenance, plus interest at
the highest rate permitted by law (or if no maximum rate is prescribed by law, at
the rate of 18 percent per year).
6. All Holders hereby consent to the dedication to the City of Southlake of the
Massey Easement Area and the Holliday Easement Area as a fire lane for the
Massey Property and/or the Holliday Property if such dedication is a required by
the City of Southlake in connection with the platting or other development of the
Massey Property and/or the Holliday Property or any portion thereof. All Holders
agree to execute such other documents as may reasonably be required to evidence
such dedication.
7. Each Party reserves for that Party and that Party's heirs, successors, and assigns
the right to continue to use and enjoy the surface of the Massey Easement Area
and the Holliday Easement Area, as applicable, for all purposes that do not
unreasonably interfere with or interrupt the use or enjoyment of the Massey
Easement Area and the Holliday Easement Area in accordance with the terms of
this Agreement.
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 3
33637.7
8. The easements described in this Agreement are nonexclusive, and each Party
reserves for himself and his heirs, successors, and assigns the right to use all or
part of the Massey Easement Area and the Holliday Easement Area, as applicable,
in conjunction with any other Holder and the right to convey to others the right to
use all or part of the part of the Massey Easement Area and the Holliday Easement
Area, as applicable, in conjunction with the Holders, as long as such further
conveyance is subject to the terms of this Agreement.
9. The grants of easements by the Parties in this Agreement are made and accepted
by each party "AS IS, WHERE IS" and with all faults, without warranty of title,
either expressed or implied, and subject to the following additional exceptions,
reservations, restrictions, conditions and provisions:
a) All validly existing prescriptive easements, visible and apparent rights of way, and
visible and apparent prescriptive rights;
b) All presently recorded easements, restrictions, reservations, covenants, conditions,
oil and gas leases, mineral interests, and water interests;
c) validly existing utility easements created by recorded dedication deed or plat;
d) any law, ordinance, or governmental regulation (including but not limited to
building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting, or relating to the Massey Easement Area, the Holliday Easement
Area, or any part of either of the foregoing;
e) validly existing rights of adjoining owners in any walls and fences situated on a
common boundary;
f) any discrepancies, conflicts, or shortages in area or boundary lines;
g) any encroachments or overlapping of improvements; and
h) all visible encumbrances on, in, or affecting the Massey Easement Area, the
Holliday Easement Area, or any part of either of the foregoing.
10. It is expressly understood and agreed that this Agreement does not constitute a
conveyance in fee by any Party of any part of the Massey Property or the Holliday
Property or a conveyance of any interest in the oil, gas (including casinghead gas
and all gaseous substances), hydrocarbons, other minerals, water, sulphur, or other
materials in, on, and/or under the Massey Easement Area and/or the Holliday
Easement Area, which rights are expressly retained by the Party owning such
NON- EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 4
33637.7
property, but only grants the non - exclusive easement rights specifically provided
in this Agreement; if the Massey Easement Area and/or the Holliday Easement
Area is subject to existing production or an existing lease, this reservation
includes the production, the lease, and all benefits from it, provided, however, that
no Holder shall explore for, mine or drill for or otherwise produce the water, oil,
gas (including casinghead gas and all gaseous substances), hydrocarbons, or any
other minerals reserved herein, from or on the surface of the Massey Easement
Area or the Holliday Easement Area, but such Holder shall have the right to
produce the water, oil, gas, hydrocarbons, and other minerals reserved herein only
by directional drilling or other indirect means at a depth of not less than two
hundred feet (200') below the surface in a manner which does not enter upon, or
interfere with a Holder's rights under this Agreement.
B. General Terms
1. Upon completion of the construction of the New Driveway and New Drive,
neither party shall permit ingress and egress across the Massey Easement Area or
the Holliday Easement Area to be obstructed absent the written agreement of the
owner(s) of the benefitted estate, except to the extent necessary for reasons of
safety or unavoidable emergency repairs.
2. Neither this Agreement nor any provision hereof may be waived, modified,
amended or terminated except by an instrument in writing, agreed to and signed
by all the then- current owners of the benefitted and burdened properties.
3. This Agreement may be enforced by restraining orders and injunctions (temporary
or permanent) prohibiting interference and commanding compliance. Restraining
orders and injunctions will be obtainable on proof of the existence of interference
or threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable harm, and will be obtainable only by the Holders or those
benefited by this Agreement; provided, however, that the act of obtaining an
injunction or restraining order will not be deemed to be an election of remedies or
a waiver of any other rights or remedies available at law or in equity.
4. In the event of any action to enforce the provisions of this Agreement, the
prevailing party shall be entitled to receive reimbursement from the other party for
reasonable costs and attorneys' fees as determined by a court.
5. This Agreement shall be construed in accordance with the laws of the State of
Texas.
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 5
33637.7
6. This Agreement shall be recorded in the real property records of Tarrant County,
Texas and following recording, true and correct copies of same shall be provided
to the Parties and /or signatories hereto.
7. This Agreement is to be performed entirely in Tarrant County, Texas, and the
exclusive venue to resolve any litigation to enforce any right or privilege granted
herein, or to resolve any dispute regarding the terms of this Agreement shall lie in
Tarrant County, Texas.
8. This Agreement may be executed in any number of counterparts with the same
effect as if all signatory Parties had signed the same document. All counterparts
will be construed together and will constitute one and the same instrument.
9. It is not a waiver of or consent to default if the nondefaulting Party fails to declare
immediately a default or delays in taking any action. Pursuit of any remedies set
forth in this Agreement does not preclude pursuit of other remedies in this
agreement or provided by law.
10. Each signatory Party agrees to execute and deliver any additional documents and
instruments and to perform any additional acts necessary or appropriate to
perform the terms, provisions, and conditions of this Agreement and all
transactions contemplated by this Agreement.
11. This Agreement and any exhibits are the entire Agreement of the Parties
concerning the Properties and the reciprocal easements granted by the Parties.
There are no representations, agreements, warranties, or promises, and neither
Party is relying on any statements or representations of any agent of the other
Party, that are not in this Agreement and any exhibits. All exhibits referenced in
this Agreement are attached hereto and are incorporated herein.
12. If any provision in this Agreement is for any reason unenforceable, to the extent
the unenforceability does not destroy the basis of the bargain among the Parties,
the unenforceability will not affect any other provision hereof, and this Agreement
will be construed as if the unenforceable provision had never been a part of the
agreement. Whenever context requires, the singular will include the plural and
neuter include the masculine or feminine gender, and vice versa. Headings in this
agreement are for reference only and are not intended to restrict or define the text
of any section. This Agreement will not be construed more or less favorably
between the Parties by reason of authorship or origin of language.
EXECUTED to be effective as of June 1, 2013.
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 6
33637.7
Brian Jeff Massey
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Brian Jeff Massey, known to me (or proved to me on the oath of or
through (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 May,
2013.
Notary Public in and for the State of Texas
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 7
33637.7
Richard Holliday
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Richard Holliday, known to me (or proved to me on the oath of or
through (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 May,
2013.
Notary Public in and for the State of Texas
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 8
33637.7
Mary Ann Holliday
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Mary Ann Holliday, known to me (or proved to me on the oath of or
through (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 May,
2013.
Notary Public in and for the State of Texas
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 9
33637.7
Consent and Subordination by Lienholder
Lienholder, as the holders of liens on the Massey Property, consents to the above grant of an
easement affecting the Massey Property, including the terms and conditions of the grants in the
above Agreement, and Lienholder subordinate its liens to the rights and interests of Holders, so
that a foreclosure of the liens will not extinguish the rights and interests of Holders.
STATE BANK AND TRUST COMPANY
By:
Its:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared , known to me (or proved to me on the oath of
or through (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 /she
executed the same for the purposes and consideration therein expressed, and in the capacity therein
expressed, with full authority to so act.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of May, 2013.
Notary Public in and for the State of Texas
NON - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 10
33637.7
EXHIBIT "A"
;l
E BEING a 4.009 acre tract of land in the Francis Throop Survey, Abstract No. 1511, Tarrant
�; County, Texas as described in deed to Brian 1etTery Massey and Ryan Todd Massey as
-i recorded in Volume 16429, Page 396 of the Deed Records ofTanant County, Texas and
te being more particularly described as follows:
00
Gi. BEGINNING at a P.K. Nail set in the asphalt at the southeast corner of said Throop survey,
said corner being the centerline of the intersection of East Highland Street (Co. Road 3034)
1 3 and Kimball Avenue (Co. Road 3119): r ^,.
THENCE N 89' 05'()0" Net along centerline of said East Highland Street a distance of 331.60
() feet to a P.K. Nail set in the asphalt, " `:
} S
THENCE N 00' IT 00 E passing at 2000 feet a 1/2" iron rod found in the north right-of-way ..it
line of said East Highland and at 41.86 feet a 112" iron rod found disturbed and being by plat::
the southeast corner of The Hill Addition, an addition to the City of Southlake as recorded in =
Volume 388-159, Page 96 of the Plat Records of Tarrant County, Texas, and continuing along
the east line of said The Hill Addition a total of 526.60 feet to a 1/2" iron rod set with a "TQ
Burks #15509" cap said point being by deed call the southwest corner of a tract of land described
in deed to Richard Holliday and wife, Mary Ann Holliday as recorded in Volume 14325, Page ,
524 D.R.T.0 T.;
THENCE S 89' 10' 10" E along south line of said Holliday tract passing at 305.45 feet a 112"
iron rod set with a "TQ Burks #5509" cap in the west right -of -way line of said Kimball Avenue, -..
and continuing in all 331.45 feet to a P.K. Nail set in the asphalt in the centerline of said
Kimball Avenue- "`
THENCE S 00' 11'02 along said centerline of Kimball Avenue a distance of 527.10 feet to
the Point of Beginning and containing in all 174551 square feet of 4.009 acres of land in which ::`4
0.455 acres of hued falls in said street right -of -ways, leaving a net of 3.555 acres.
,
..
s
•
•
EXHIBIT
a A 013629.000O1 :78623601
8 '
4- .
3
7:ntrrtty: TARRANT Doc: 000239648 Date: 07/03/2003 Vol: 0016881 Paae: 00198 Paae 3 of 5
EXHIBIT "A"
BEING a tract of land out of the Francis Throop Survey,
\ • Abstract No. 1511, Tarrant County, Texas, and more
_particularly a portion of a 20 acre tract deeded to
Evans and recorded in Volume 1627, Page 131, Deed
Records, Tarrant County, Texas, and being more parti-
;'fiiilarly described by metes and bounds as follows:
:.` BE6INNIF-•4t a point in County Road No. 3119, said
'poiut°`tieiri North 527.1 feet from the Southeast corner
▪ of laid Thpo p Survey, same being the Southeast corner
q.£ s9td:•"6vans :.20 acre tract;
THENCi e h.'89 degrees 21 minutes West at 26.0 feet an
iroh ro West line of said road, in all, 331.9
feet td a=r'1..ron rod for corner;
THENCE NortE 00 rlegr @es 12 minutes East 131.4 feet to an
iron rod'; foY -, Corn-e.; .
THENCE Sou89,d'egrees 21 minutes East at 305.4 feet an
iron rod in',thi West line of said County Road No. 3119,
in all, 331.4' feer- a point in the centerline of said
road;
THENCE South aldiig'Ghe nenterline of said road, 131.4
feet to the POINT- -6F,BLGINNIN,G1
ABOVE - REFERENCED PROPERTY..!.NOWN AS 1360 NORTH KIMBALL
AVENUE, SOUTHLAKE, TEXAS, 7..609
•
EXHIBIT
•
1:3
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT COMMON ACCESS EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.047 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of and conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.047 acre of
and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the North boundary line of said Massey Tract, and lying
N 89 45' 37" W 49.42 feet, from a "PK" nail found marking the Northeast
corner of said Massey Tract. Said POINT OF BEGINNING also lying in
the new West right -of -way line of North Kimball Avenue:
THENCE S 00° 49' 31" E 15.00 feet, along the new West right -of -way
line of said North Kimball Avenue to a point:
THENCE N 89" 45' 37" W 135.59 feet, along a line 15 feet South of and
parallel to the North boundary line of said Massey Tract to a point;
THENCE N 00" 14' 23" E 15.00 feet, to a point in the North boundary line
of said Massey Tract;
THENCE S 89° 45' 37" E 135.31 feet, along the North boundary line of
said Massey Tract, to the POINT OF BEGINNING containing 0.047 acre
(2,032 square feet) of land.
EXHIBIT
G:' 2333tLEGALSXiitv1 BALL- LEEGALS'ACC-15.Doc
RICHARD HOWDAY AND WIFE,
MARY ANN HOLLIDAY I I
VOL. 14325, PG. 524, D.R.T.C.T. I
POINT OF BEGINNING Z
1/2" IRON ROD SET. WITH =
MARKED "BRITTAIN & CRAWFORD" 1 1
rA
—
"PK" NAIL FOUND
I S 89 °45'37 "E i - 35.31' ;," 59°45'37"W OF TIE MASSEY TRACT
TRACT
IIIIII S 00* , 9'31"E
N 00°14'23"E
N 89°45'37"W 135.59' 1
15.00' 1 [ PERMANENT COMMON 1 I
ACCESS EASEMENT
0.047 ACRE /2,032 SQ.FT. 1
I i
I 0
F�G`� ' by
h
I Q 1 ,
c,..,,
JEFF MASSEY Y 1
VOL. 16881, PG. 198
D.R.T.C.T. ° 1 I ix
F1 °z
w
$ Cr 1 �I g ce
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a
g
10
i
1
SCALE 1 "= 50'
�� CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "8" - • ,
BRJTFM+r &CRAWFORD PERMANENT COMMON i (,o t` `
,,' '" ND
NG ACCESS EASEMENT 4°' -Vz,
Z
0 .047 ACRE OF LAND f JAMES L. BRITTAIN
sza -oe - rmo c s1r� ne •
`^" "° ° "x' 954 sza -° LOCATED IN THE � “ :; ” 1674 '6 1. o Q. J '
P.O. BOX 113/4. 31304 SOUTH MOW
FORT ROM TEXAS /gild FRANCIS THROOP SURVEY ' yO s v J
OWL: eIreotlelliogn—aroWenLaern ABSTRACT No. 1511
v _ 15\ SOUTHLAKE, TARRANT COUNTY, TEXAS MAY 28, 2013
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT COMMON ACCESS EASEMENT
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 16
BEING 0.047 acre of land located in the Francis Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Richard Holliday and wife, Mary Ann Holliday by the deed recorded
in Volume 14325, Page 524, of the Deed Records of Tarrant County, Texas.
Said 0.047 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a 14" iron rod marked "Brittain & Crawford ", set in the South
boundary line of said Holliday Tract, lying N 89° 45' 37" W 49.42 feet, from a
"PK" nail found marking the Southeast corner of said Holliday Tract, and said
POINT OF BEGINNING also lying in the new West right -of -way fine of North
Kimball Avenue;
THENCE N 89° 45' 37" W 135.31 feet, along the South boundary line of
aforesaid Holliday Tract, to a point;
THENCE N 00° 14' 23" E 15.00 feet. to a point:
THENCE S 89° 45' 37" E 135.03 feet, along a line 15 feet north of and
parallel to the South boundary line of said Holliday Tract to a point in the
new West right -of -way line of said North Kimball Avenue;
THENCE S 00° 49' 31" E 15.00 feet, along the new West right -of -way
line of said North Kimball Avenue, to the POINT OF BEGINNING
containing 0.047 acre (2,028 square feet) of land.
EXHIBIT
a D $ VV
G 120101EGALSSKH- KIMBALLACC-16 Doc
Q c,J� � f
�'
1
N.
W ■
GERALD C. GRAHAM AND WIFE, z M ■
BARBARA GRAHAM -' Z
VOL10817, PG.2378 (,V
D.R.T.C.T. i 1 4 I J
m 5'
' Y
RICHARD HOLUDAY AND WIFE, I PRo ED No, 1
MARY ANN HOLUDAY e-RIGHT—OF —WAY = 1
VOL.14325, PG.524 I UNE 1 —
D.R.T.C.T. Z
PERMANENT COMMON I
ACCESS EASEMENT 1
0.047 ACRE / 2,028 SQ.FT
N 00 °14'23 "E S 89 0 45'37 "E 135,03' S 00 49'31 "E
-- 15.00' 1 .00'
N 89 °45'37 "W 135.31' t N S9'45 • 37 " W :'PK" NAIL FOUND -
49.42' SOUTHEAST CORNER OF
HOWOAY TRACT
$ POINT OF BEGINNING - -
,�0 3/2" IRON ROD SET, WITH CAP
A. MARKED "BRITIAIN & CRAWFORD"
C)
4 1..
' f g
JEFF MASSEY 1
ti
VOL16881, PG.198 1
D.R.T.C.T. w
i 1
0
Lt)
1 ' I •
SCALE 1 "= 50'
f CITY OF SOUTHLAKE
�% 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B" , .-,
BRrrrrnv &CRATrFORD PERMANENT COMMON
GRAPHIC ° LAPPING ACCESS EASEMENT r , .. 'f
V 0t71 aro-or 11 - 1[ a a171 •La -, it 0.047 ACRE OF LAND 4ANES L BRRTMN,!i
FAX 110. 0171 026 -9347 1 •
F.O. 00X 11084 • 3000 0011811 MEW LOCATED IN THE c 1 oe
'OPT'°"TM' •8100 T " FRANCIS THROOP SURVEY ' 'yO USi
874
-... .m
ABSTRACT No. 1511
\KU \ .Acc_Is\ SOUTHLAKE, TARRANT COUNTY, TEXAS MAY 28, 2013
31:34. '. q 2pi }3}13 13 EaD
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3AlE "r m13
° "" M A SSEY/H OLLIDAY '� : T n
° """ k S ` .-- P ROPERLY CITY OF SOUTHLAKE , ; Mo-�.t
° " NORTH KIMBALL AVENUE z;; °� R.44., °Y °°"
»: 331:,, MAY 16 2013 Y
3•R M M
EXHIBIT "F"
DRIVEWAY AND DRIVE SPECIFICATIONS
1. The New Driveway will be constructed to at least the following specifications:
a. 2 inches of compacted minus 2 gravel base
b. 6 inches of concrete, with concrete 3500 psi @ 28 days
c. # 4 rebar, 16 inches on center each way
d. Expansion joints at least every 20 feet, with smooth dowel bars installed in each
expansion joints
2. The New Drive will be constructed to at least the following specifications:
a. 24 feet in width, measured from bottom of curb to bottom of curb
b. Standard curbs
c. 2 inches of compacted minus 2 gravel base
d. 6 inches of concrete, with concrete 3500 psi @ 28 days
e. # 4 rebar, 16 inches on center each way
f. Expansion joints at least every 20 feet, with smooth dowel bars installed in each
expansion joints
EXHIBIT
32476.3
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 16
BEING 0.087 acre of land located in the Francis Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Richard Holliday and wife, Mary Ann Holliday by the deed recorded
in Volume 14325, Page 524, of the Deed Records of Tarrant County, Texas.
Said 0.087 acre of and being more particularly described by metes and bounds
as follows:
BEGINNING at a point in the North boundary line of said Holliday Tract, lying N
89° 45' 37" W 59.92 feet, from a "PK" nail found marking the Northeast corner of
said Holliday Tract;
THENCE S 00° 49' 31" E 115.88 feet, to a point;
THENCE N 89° 45' 37" W 125.03 feet, to a point;
THENCE N 75° 42' 58" E 107.86 feet, to a point;
THENCE N 00° 39' 37" W 38.79 feet, to a point;
THENCE N 89.° 10' 29" E 8.17 feet, to a point;
THENCE N 00" 40' 22" W 25.17 feet, to a point;
THENCE WEST 18.28 feet, to a point;
THENCE N 00 25' 04" W 24.78 feet. to a point in the North boundary line
of said Holliday Tract;
THENCE S 89° 45' 37" E 29.88 feet, along the North boundary line of
said Holliday Tract to the POINT OF BEGINNING containing 0.087 acre
(3,781 square feet) of land.
EXHIBIT
IZO1G',LEGAL3',KH- KIMBALL CS. fLA.Z:v
CALL TABLE I 1
L -1 N 00°39'37"W 38.79' I
L -2 N 89°10'29 "E 8.17' L -3 N 00'40`22 "W 25.17' -4 w r 18.28' L -5 N 00°25'04 "W 24.78'°L -8 S 89.45'37`E 29.88' GERALD C. GRAHAM AND WIFE. I BARBARA GRAHAM
VOL.10817, PG.2378 1 c3
D.R.T.C.T. w c,' 1 N.
z ■
y J POINT OF BEGINNING c 1
4
03- "PO' NAIL FOUND
NORTVEAST CORNER
G �5 OF HOLLIDAY TRACT
4 N 89 °45'37 "W a/
— — — 59.92 W tn n
I Z I
TEMPORARY CONSTRUCTION +. W EASEMENT, 0.087 ACRE / 3,781 SQ.FT • L - .. 1 F __ —
RICHARD HOLLIDAY AND WIFE, L - rni� 1 MARY ANN HOLLIDAY :::„
V0L 14325, PG.524 1 c m
D.R.T.C.T. N M
j0T ,g6 . I i Y
FA
15 ° 4 2 t5$ ,,t PROPOSED S N I
N
N 89 °45'37 "W 125.03' 0
— - - -- t -- -- - Z
.. i PROPOSED COMMON ACCESS EASEMENT
$ '
Cr
> 6 b
S i
JEFF MASSEY 1
VOL.16881, PG.198 I I
D.R.T.C.T. I
i
v ,I
SCALE 1"= 50'
1st +CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD
EXHIBIT "B"
BRrrrAIN &CxswwORD TEMPORARY CONSTRUCTION
LAND SURVEYING & 1 ,..r T Tf
.� EASEMENT (
;M TOPOGRAPHIC MAPPING t *--'6 :.
' 1317) 106-0!11 - ,RkO t$171 431T-511t 0.087 ACRE OF LAND ,j ;JAM TT
ES L. BI MN NO. Fw 1137 • 3
9 • ] (100 0 11 OOOIM
P.O. SOX 01,7 UTH FREEWAY LOCATED IN THE r" 670', �.,,
,
FCPT N ?„ , 5110 m FRANCIS THROOP SURVEY y s uey�� '
ABSTRACT No. 1511
\KJMeAL\_18A\ SOUTHLAKE, TARRANT COUNTY, TEXAS MAY 23, 2013
Y Texas
Electronically Recorded T arrant Count
Official Public Records 5/31/2013 4:37 PM D213 138788
/ c PGS 36 $156.C?C�tlif;irt
r '�R t AL RELEASE OF 8UfiittiND SIMPLIFILE
LIENHOLD � tC N5 i$ N , I3 SUBORDI� A t'ION TO EASEMENT GREEME TS
Date: May 16, 2013
Holder of Notes and Liens: State Bank and Trust Company
Holder's Mailing Address: 2517 Midway Road, Carrolton, TX 75006
Affected Liens:
Note No. 101329:
Date: October 19, 2012
Original principal amount: $500,000
Borrower: Masco Service Corporation
Lender: State Bank and Trust Company
Maturity date: October 19, 2017
Deed of Trust:
Date: October 19, 2012
Grantor of Lien: Brian Jeffrey Massey
Lender: State Bank and Trust Company
Trustee: Kevin M. flood
Recording information: '.Cite Deed of Trust is recorded in the deed records of Tarrant
County, Texas, as Document No. D21292706
Note No. 101.3'I1:
Dale: October 19, 2012
Original principal amount: $1,200,000 (maximum credit limit)
Borrower: Masco Service Corporation
Lender: State Bank And Trust Company
Maturity date: November 19, 20 13
Deed of l rust:
Date: October 19, 2012
Grantor of Lien: Brian Jeffey Massey
Lender: State Bank and Trust Company
Trustee: Kevin M. Hood
Recording information: The Deed of Trust is recorded in the deed records of Tarrant
County, Texas, as Document No. D212292261
Note: ,.Jo , /01j3.7
Date: December 19, 2012
Original principal amount: $2,100,000
Borrower: Jeff Massey Real Estate, LLC'
Lender: State Bank and Trust Company
Maturity date: December 19, 2022
1
33428.7
Ra Whin "'ilk Comp Pity
Ot Oct-0 S
PARTIAL RELEASE OF LIEN AND
LIENHOLDER CONSENT AND SUBORDINATION TO EASEMENT AGREEMENTS
Date: May 16, 2013
This document has been electronically recorded by
Holder of Notes and Liens: State Bank and Trust Company Rattikin Title Company
Holder's Mailing .Address: 2517 Midway Road, Carrolton, TX 75006 niS18 flnided
Affected Liens:
Note No. 101329: Document Numbell,) ?Inn
Date: October 19, 2012
Original principal amount: $500,000
Borrower: Masco Service Corporation
Lender: State Bank and Trust Company WE CERTIFY THAT THIS IS A TRUE AND OOFFECT
Maturity/ date: October 19, 2017 COPY OF THE ORIGINAL HEREOF, AS FILED FOR
RECORD
Deed of Trust: RATTIKIN TITLE COMPANY
Date: October 19, 2012 BY
-----
Grant or of Lien: Brian jet Massey
Lender: State Bank and Trust Company'
71rustee: Kevin M. Flood
Recording information: The Deed of Trust is recorded in the deed .records of Tarrant
County, Tex.as, as Document No. D21292706
Note No. 101311:
Date: October 19, 201.2
Original - principal. amount: S1.200,000 (maximum credit limit)
Borrower: Masco Service Corporation
1..,ender: State Bank And Trust Company
Maturity date: November 19. 2013
Deed of Trust.:
Date: October 19, 2012
Grantor of .Lien: Brian Jeffrey Massey
Lender: State Bank and Trtist Company
Trustee: Kevin M. Hood
Recording information: The Deed of Trust is recorded in the deed records ollarrant
County, Texas, as Document No. D212292261
Note: 4 /013.3.7
Date: December 19, 2012
Original principal amount: $2,100,000
Borrower: Jeff Massey Real Estate, LLC
Leader: State Bank and Trust Company
Maturity date: December 19, 2022
1
33425.7
Deed of 'Trust:
Date: December 19, 2012
Grantor of Lien: Brian Jeffrey Massey
Lender: State Bark and Trust Company
Trustee: Kevin M. f -food
Recording intormation: The Deed of Trust is recorded in the deed records orTarrant
County, texas, as Document No. L)21231
Financing Statement:
Date: Recorded December 31, 2012
Debtor: Jeff Massey Real Estate. I.:LC
Additional Debtor: Brian Jeff Massey
Secured Party: State Bank and Trust Company
Recording information: The Financing Statement is recorded in the deed records of
Tarrant County. Texas, as Document No. D212318715
Property (including any improvements) to be released from the Affected Liens (the "Rigid-Of-Way
Property "):
See Exhibit 1, attached hereto and incorporated herein for all purposes.
Laserent Agreements:
A Non - Exclusive Utility and. Drainage Easement Agreement In Settlement Of Condemnation in
favor of the City of Southlake in the form attached as Exhibit 2, and covering the property
described in Exhibit A to Exhibit 2; and
A Non- Exclusive Retaining Wall Easement Agreement In Settlement .OfCondemnation in favor -
of the City of Southlake in the form attached as Exhibit 3, and covering the property described in
Exhibit A to Exhibit 3.
Property subject to easement agreements and the subject of lienholder's approval and consent (the
" Easement Property- "):
Sec. Exhibit A to 1 xhibit 2 and Exhibit A to Exhibit 3. hereto and incorporated herein for
all purposes.
For value received. State Bank And Trust Company, the holder of the above-referenced Notes
and Liens, releases the Right -Of -Way Property from the Liens and from all liens held by the Holder of the
Notes and Liens, without. regard to how they were created or evidenced.. i iris partial release does not
release the remainder of the secured property described in the lien documents referenced above.
Also for value received. State Bank And "Trust Company, the 1- folder of the above - referenced
1
Notes and Liens, consents to the grant of easements to the City of Sonthla.ke, Texas ("Grantee") on,
under, and across the Easement Property, consents to the terms and conditions stated in the documents
granting the casements, and subordinates all of Holder's rights and liens to the rights and interests of the
Grantee in the Easement Property, so that a foreclosure of the Holder's liens, or any one of them, will not
extin,uisl, the rights and interests granted to such Grantee in the Easements Property.
When the context requires, singular nouns and pronouns include the plural.
STATE TANK AND TRUST COMPANY
.---7 67;pveGi/
By: 1,
, r an ... G /e2rc .
its: lir e Af,'.t Si"Z) t - r
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY ON TARRANT §
Be ore me, th l unde,zsigned authority in and for the State of Texas, on this day personally
appeared � %A1r1A (AY i in ce-- , known to me (or proved to me on the oath of
kr through _.._ -C D (description of identity card or other document) to
be the person whose name is subscribed to the foregoing instrument and acknowledged to the that he /she
executed the same for the purposes and consideration therein expressed, and. in the capacity therein
expressed, with Pull authority to so act.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1.1 Z 0 day of May, 2013.
IViy Commission Expires: q• 23• do N otary Public in and. for the State of Texas
ii j'�d :: ERIKA RAE PETREY Typed ped or Printed Name of otary
'•d ' MY COMMISSION EXPIRES
' =;r. += September 27, 2016
33428.7
1 , . • k
•
„,:,...
„,,,,,r
EXHIEiiT
LEGAL DESCBiPTION
[
PERMANENT Ft:Gig-OF-WAY E
NORTH KIMBALL AVENUE
PARCEL .15 i
PENG r.,t i. eoie of and iocated in the FRANC'S THROCP StiRtilF,y”, il
A5STRACT Ni) 1:7,1 I ".‘;•ok.iii Tarrant Couitite 1 and being 2 :::
a zracd cd ialld : tid Jeff Mdssey by h;-•t. detd rec,:oided ici ViAt.in',5: leil
I
Page : o the Deed Records of I arrant , ...ciiirity Te1a5.-... Said 1 e15 adri:e i.iif
'far being more pdaticulaIty descrtbil b irierti:ii:i end bourtds as TQIICWS i
ii.
Er.::iT,INNING al a - PK' nail kiudii at the =3oi.dheast ( i:.)1 .,;::::K.: Mi.,- Tbi:cf
iiild lyind at it Le icier section or It iii.ii iiienteriibe el itlot Kireibail An ,i.ritri g.
te ,:ientedine el 5 Highland Street,
71:.ENCE N 89 39' 2: : 33 .64 feet, along tie Sduth 5r:Aim irin .:It
:ziii MasiFiey Tract, ..,o abbg the: ueileilir:e ot ii": I-lig:liar:id Street
ii
- THRcE N Do' 55 05' VV ,34,i48 feel 2l0lig the West bodactity line df• f.,
said fii,rit Traci, to a iron rod - narked "Britain & Crawfnid" set in
the new North righl-i:,1-wav line of said 5 Higritand Street, i
,
1
THENcE s 80" 38' 55' E 265.97 0e5. along he new Ncrth rigritfiNay
e of Eald 7 - - . Highland Street, to a ',4," Iron - od marked - Brittain &
Crawford' ,s. in Inc new Wreiiiiit hobt.-of-way Inc 0; said North Kirr.bal!
Szreet. I
1 H.iiNCo ft_ting th l'•: VI:. 719;13-of-wy line of said Ncirth Kunt•all - ",:tie-ii:.ri.
as foIiows ti
1 N 45 05 50' 5 3971 f=2 to a 'J.., iraii rod rriald;ed •Bidtlain &
Crawford" s
2 N 00' 49' 31 si,, 478 08 feta, .:.,- inin ro5 Marked ' 51;tiLii■ 1 & 1
Crawford set in the North boundary Inc of said Massey ifaCi, !Ong in
1:
the Sodth boundary line et a treic; 5 land tdcnveyed it..0 Richard Holliday
and wife, Mary Ann Hoflictiay. by the deed riect)rd.iied in Volume 14355, t
ii
Pace 524 by the Deed Records of Tarrant County, Texas: t
i
i
THENCE S tii.'.,:.:f 45' 37' F - 45 42 feet, ekiiN the North boundary Iri'le ut - i;
tf
szidi Massey Trard, on d thitit South rionnd;:lry line cf sato Holliday for. to
a - PK" ne fe at the Nidriftdeist r:ornor at said Massey - 1 - 2!7;t, lying iri Inc
r..:erterline of said North Kiintati Atiende: i
1
TH 5 art 34' 17" 5 '327.10 feet. along the East boundary liii rif g
said Niiisseit 'I 1..!; r i d le e.P.E, ilF:e f:A Sr-±70 Nbdri Krntaii Avenue, to
pi' ttN 3 rii" BEGIt'iJNING. cr:vitainthg 0 8 acie (.35,545 squari,-i, ifii-,:eli,i 3.
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AREA TABLE ,
P.1Pt2t HCLLD4 1 AND W
0.516 ACRE TOTAL t.tA.Frt ANN HOLJDAr _.
(.55, S43 S5 . v:) 1 ■.'S 24, n.R 7. ....., .1 ..• P
t• 0,478 ACT-:E IN . !
S 89°45"37"E
1 PRESCMPTIVE
49.42'
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0.358 ACRE NEI \ ! „.•-: t wii. , OcND
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...•..................T..."." me............**.r. - — - - - ,
CITY OF - ...-.70UTI , ILAKE
1
ic,,,'•\_ 1400 AN STREET, SOUTI-iLAKE, TEXAS, 76092
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NORTH KNBALL AVENUE, SH 11 4 TO ',:_i AST HiGHLAND STREET 1
1 1 EXHSIT "B`'
BRITTLT.N & CR AWFORD 1 PERMANENT RIGHT--0E-WAY
i ,1 i. ti ;.•;.• .„,,„, i ' F
0.S 1 6 ACRE OF LAND
LOCATE...0 IN THE 1 X
7 RANCIS THROOP SURVEY "tin. t , A11 p., ltr
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A3STRAC1 No. 1511 i 'yz
,
.. .
1 I SOUTHLAKE, TAR.RANT COUNTY, - P
. 1"..0.1. ,, , TEXAS 1 5,,,,...,.. . , 00
1
NON-EXCLUSIVE UTILITY AND DR,AINAGE EASEMENT AGREEMENT
IN SETTLEMENT OE' CONDEMNATION
STATE OFTEXAS
KNOW AFL MEN 8y THESE PRESENTS:
COUNTY 0FTARD&NT 8
Effective uxof M.m/,Z0\] (the "Effective I)ate"> that Brian Jeffrey Massey u/k/a/Je0[
Massey, whose mailing address is 1 20() Kimbail Avenue. Southlake. TX 76()92. hereinafie calied
"Grantor," for and in consideration ofTcn aiid No/l 00 1i)oIIa's (S 1 0.00) aiid othergoocl and valuablc
consideration paid by The City of Swuth7ake, Texas, o municipal corporation, }400 Main Street,
6nothJukc Texas. 76002, hereinafter referred to as "Grantee," in settlement of a pending
condemnation matter filed by Grantee and pursuant to this Non-Exclusive L)dli|I and Drainage
Easement Agreement in Settlement Of Condemnation (the - Permanent lihy and Drainage
Easement Agreement") has granted, and by these preserfls does grant unto said Grantee onon-
exclusive utility" and drainage easement under and across a strip of land depicted as "Permanent
Utility and Drainage Easement Property" on] Exhibit A and with o legal description ofdxcPonznucn1
Utility and Drainage Easement Property attached to this Permanent Utility and Drainage Easement
Agreement ux Exhibit B (the "Permanent Utility and Dr8iDigc Easement Proper1y'' for (collectively
the "Facili\ieu,):(h below-ground water, sanitary sewer, and water drainage lines and other below-
around ci(yuvmnodu1Uidco;(ii)drubniu|etsuadcomdlcmincuuucodoowdb,mndasimoccenxory
the Kimball Avenue road expansion project (1be"yn`ect"):uod (iii) other below-ground [ranchisc
and be1ov-.ground pub!ic utilities, and in couneciion vith which the parties occentedugiotodds
Permanent Utility and Draiiiage Easement Agreement, and, for all Facilities, only pursuant to the
terrns and conditions set forth bdow:
Together with the right of ingress and egress along and upon the Pcrouunoni Utility and
Drainage Easement Property for the purpose °landvith the right. to construct:, reconstruct, maintain.
repair, and make connections (o the Facilities,
Grantor reserves the d�(mu�1�P�m�nQd|{���Dm� Easement Property - ` ^ ~
all pWOSCS that are not inconsistent with the specific rights granted to Grantee under this Permanent
Utility and Drainage Easement Agreement. Without limitation, Grantor reserves the right 10 lav nut.
dedicate. construct, maintain. cross, opera repair, retnove, replace, reconstruct, and use that pail of
the surface of the Permanent Utility and Drainage Easement Property (to the extent not used by
Graoioc
bridges, underground telephone cables and conduits, fiber and communication conduits, and gns_
water and sewer pipe lines (collectively the "Allowable Improvements"), provided, however, the
Allowable Improvements do not damage the Faci|itira: Grantee agrees to and shall construct,
maintain. operate. repair, remove. replace, and reconstruct the below-ground Facilities at a least the
depth shown un the plans for the currently planned improvements for the Pr ject. and to cooperate
with Grantor, Grantor's ageo$_ and other utihty' providers 10 facilitate the installation ofany other
above-ground nr below-around improvements, rvhubco 'oovvU1onLuoreuounnbhbcvi0Uhcid.
/ Grantor shall not use the Permanent 1.Jtilitv and Drainage Easement Property for landscaping,
EXHIBIT � )
3z4*.x
signage, or lighting, other than grass cover on all parts of the Permanent Utility and Drainage
Easement Property except that part on which a.re located above- ground facilities. without Grantee's
written approval, which approval tivi..li not be unreasonably withheld, provided, however. that (_cantor
shall have the right to plant flowers and shrubs (but no trees) on the Permanent Utility and Drainage
Easement Property. No later than the conclusion of the work on the Project, Grantee will cover with
St. Augustine grass sod of a good quality' all parts of the Permanent (ill ity a.nd Drainage Easement.
Property except that part on which are located above-ground Facilities.
Notwithstanding, anything= else in this Permanent Utility and Drainage Easement Agreement,
Grantor shall have the right to pave (with concrete, asphalt, or other material), maintain, reconstruct,
and repair the Permanent Utility .uid Drainage Easement Property (to the extent not used by grantee
for above- ground Facilities), and shall have the right to drive over and park on, and allow others to
drive over and park on, the Permanent Utility and Drainage .Easement Property (to the extent not
used by (irantee for above- ground Facilities), and Grantee agrees to and shall install, cc.nstruct,
maintain, operate, repair, remove, replace, and reconstruct all. underground. Facilities at a sufficient
depth and with sufficient support to permit these uses of the Permanent Utility and Drainage
Easement Area. In the event Grantee's use of the Permanent Utility and Drainage Basement Area
causes any damages to the Allowable lntprovements, Grantee agrees to restore within a reasonable
time. at Grantee's soles cost, the A..Ilowable Improvements to their pre- damage condition. However.
nothing contained in this Agreement shall constitute any required governmental approval of any
contemplated improvements, including pavement, or otherwise relieve Grantor from complying with
any applicable ordinances or obtaining any required perrnits and/or approvals prior to installation or
construction of any proposed improvement, including paving, unless otherwise excused by the
Settlement Agreement in Lieu of Condemnation between. Grantor and (.irantee or applicable h
As a rnaterial part of the consideration for this Permanent Utility and Drainage Easement.
i\ ieement, Grantee agrees that the use of the Permanent utility and Drainage Easement Property by
Grantee and by (ira.ntec's successors and permitted assigns shall he restricted as follows: the
Permanent Utility and Drainage Easement Property shall only be used for the Facilities. Grantor and
Grantee agree that this restriction shall be a covenant that runs with the land.
Grantee may not lease or sublease, or grant any property or possession rights of any kind, to
or within the Perrnarient Utility and Drainage Easement Property without the prior written consent of
Grantor or Grantor's successor( s) in interest, which consent may be withheld for any reason
whatsoever, subject to the conditions and exceptions set forth below. Grantor hereby consents to
Grantee's agents, contractors, and franchise and public utility companies and their agents and
contractors, performing work for Grantee on the Permanent 'Utility and Drainage Easement Property
pursuant to the terms of this Permanent Utility and Drainage Easement Agreement. Grantee further
may not assign or sell this Permanent Utility and Drainage Easement Agreement or any rights related
to the Permanent Utility and Drainage Easement Properly except as set out below without the prior
written consent of (Grantor, which consent may be Withheld for any reason whatsoever. Any
attempted sale or assignment without Grantor's prior written consent shall be void and of no .force
and effect. Further, any sale or assignment shall not relieve Grantee from any liability hereunder,
which liability arose, in whole or in part, during the term of this Permanent Utility and Drainage
J247a.4
Easement Agreement. Notwithstanding any of the above, however, to the extent that city ordinance
or other governmental law or regulation authorizes or permits the installation of underground
.tianchise or other underground public utilities in city-owned utility easements, this provision shall
not prohibit or bar such use. Also, nothing contained in this Agreement shall prohibit Grantee from
assigning the Permanent Utility and Drainage Easement to another governmental unit or entity that
assumes control of th.e adjacent right-of-way, including but not limited to Tarrant County and the
Texas Department of Transportation.
This Permanent thility and Drainage Easement Agreement is made by Grantor and accepted
by Grantee subject to the following additional exceptions, reservations, restrictions, conditions arid
provisions:
1. The grant of rights und.er this Permanent Utility and Drainage Nasement
Agreement is subject to:
a) any and all of 1 following held or claimed by a governmental entity or
utility provider, whether of record or not (i) validly existing prescriptive
easements; (ii) visible and apparent rights of way; and (iii) visible and apparent
prescriptive rights;
h) all presently recorded easements, restrictions, reservations, covenants,
conditions, oil and gas leases, .mineral interests, and water interests outstanding in
persons other than (irantor;
c) validly existing utility easements created by recorded dedication deed or
plat;
d) :matters described on Exhibit C:
e) any law, ordinance, or governmental regulation (including but not limited
to building and zoning laws, ordinances, or regulations) restricting, regulating.,
prohibiting, or relating to the Permanent Utility and Drainage Easement Property,
Grantor's other property, or any part of any of the foregoing;
1) validly existing rights of adjoining owners in any Walls and fences situated
on a common boundary:
g) any discrepancies, conflicts, or shortages in area or boundary lines; and.
h) any encroachments or overlapping of improvements, provided, however to
the extent that paving or .landscaping existing as of the Effecti Date overlaps or
encroach upon the 'Permanent Utility and Drainage Easement Property. Grantee
may demolish and remove such existing paving or landscaping, at Cirantee's sole
cost and expense and in accordance with the terms of this Permanent Utility and
Drainage Easement A.greement.
32474.8
•
Z. The grant ofrights under this Permanen Utility and Drainage Eaueoen( Agreement ia
subject to all visible encumbrances on, in, or affecting the Permanent Utility and Drainage Easement
Property, Grantor's other ynnperty,nrum�ypur oI any o[ the foregoing, poovided, bu�orurdhu1(o de
landscaping exixtinguso[ the Effective Date overlaps o, encroach upon the
Permanent Utility and Drainage Easement Property, Grantee may demolish and remove such existin!:
} Jo ' at Grantee's cd cost and and in accordance with the 1� [Lh�
paving or no cupu���u nuu� � us euoy expense uucco un��p/' � ouso m
PeonmneniUtility and Drainage l2uxoozcut Aurccrneui.
3. Grantee shall be entitled to use the Permanent Utility and Drainage Easement
Popertyoo}c]y[hr<hepurx`oeuoxp/easlyact6n1bLuAduPonzuueniUd|irIumd[)cninugeEuoc/oeut
Agreement and for no other purpose. Until a new driveway is constructed .from Kimball Avenue
across the Permanent Utility and Drainage Easement Property io Grantor's property ozulocation
approved in writing by Grantor, which approval shall not be unreasonably withheld, Grantee shol1
not close or impede access to Grantor's opeJty over and through the oxishngdriveways from
Kimball that crosses the Permanent Utility and Drainage Easement Property, provided, however,
Grantee may temporarily close one of Grantor's existing driveways from Kimball Avenue if: i) it is
necessary and unavoidable thr utility relocation and other construction activities in connection with
the Project; and ii) Grantee provides Grantor with an alternative, temporary access drive from
Kimba!1 to Grantors property that is reaso.nably satisfactory to (irantor. During the Project, Grantee
will: 0) provide continuous access front Grantor's properiy 10 Highland Street across the existing
drive §om Grantor's property to Highland Street or an alternative, temporary access drive from
Grantor's property to Highland Street that is reasonably satisfactory to Grantor; ii) provide
continuous access to Grantor's entrances to the buildings located on Grantor's property andlor iii) not
impede Grantor's miden/ulk on the east side of Grantor's property adjacent to Grantor's existing
building. Oruu&zowU| not store, or ailow anv otlier person or entit to store. arw gasolirie, diesel or
other fuel, oil, or any other dangerous, hazardous or toxic materials or compounds on the Permanent
Utility and Drainage Easeinent Property.
4. It shall be Grantee's sole responsibility to ensure that the Facilities are installed so that
they will not interfere with or uAec1 existing od|hjos, improvements, structures, and other
encumbrances (except to the extent that paving or landscaping existing as of the Effective Date
ovcdupu or encroach upundho Permanent Utility and Drainage Easement Property in v/)cbcusm
Grxn|oemoydecun|isbmxjrunovcoco6mz{odngpuvingor!uodacapio8,a(Gruu1ee'osobcua(und
expense and in accordance with the terms of this Permanent - Utility and Drainage Easement
Agreement), that the Permanent Utility,' a.nd Drainage Easement Property is adequate for Grantee's
intended and actual. use, and that Grantee's use of the Permanent Utility and Drainage - Easement
Property complies with all state, federal, and local requirements for the excavation, construction,
reconstruction, installation, operation, repair, u/uiuionuoce,renlaucnueoi, alteration and/or removal o[
Grun1co'sFacUkicy.
5. Grantee hereby agrees to obtain, and require its contractors. subcontractors, agents
and employees to obtain, all required permits and governmental approvals for all activity on or
affecting the Perm.anent Utility and Drainage Easement Property so as to meet all regulatory
rcquiromcn|000dobmDcnnup!c(euU»/mrkhnuuoonduuocvviUbChyofSoudUukc`Tozuxopccifiou1ioux,
4
32474.8
requirements, oud contracts. Grantee shall construct, bury, maintain, operate, repair, remove,
i'eplace. and reconslruct the Facilities ri accordancc with City of Sou1hlnk.e, Texas specifications,
requirements, and contracts, and in accordance wiili al! applicable federal, state and iocai laws,
statutes, orders, ordinances, rules, regulation.s, standards, plans, pol.ici es and decrees. Grantee shall,
ival}ucihibesuuderukoupurxuan{\ndzioPern'uncotUdUtyundl)naiougo|Euounun1/\grecmoni,
cornply and require its contractors, agents and employees to comply Nvith all federal, state and local
laws, statutes, orders, ordinances, rules, rrQu|udoun, standards, plans. poiicies and decrees.
6. Grantee will be solely zespunSih|e for the safety of all its employees, contractors,
subcontractors, consultants, iovitccy,ogcntsuodoLbcrporymnywh000tcrontodhoPeonu/zrn\[bUit)
and Drainage Easement Property at the direction or request nfGrantee. Fudbcr. Grantee shall
require its general contractor to obtain adequate insurance covering personal i/'ory' death, and
property damage from hislits activities and the activities ofits employees, subcontractors, con.sul tants
or other agents entering the Permanent Utility and Drainage Easement Property on the Permanent
Utiitv and Drainage Easement Property, Such insurance will be the primary insurance coverage for
anv claims aiid (irantor's insurance. if. any, shall he eorisjdercd secondary insurance.
7. Grantee niUmaintain the Facilities in good condition in accordancc with City of
Southiake and a.nv othcr applicable laws. ordinances, rules. and regu Upon completion orally
construction, maintenance, repair, repair. reinoval. replacenient, reconstruction or otber \vork on or in iIie
PrnuaucotUdlityaodI)ruiuuguEuaenen{Pnoperty,(3ruuiccobm||prumnpdyocotoncU8pnrto[1be
ourtaceo[ibcPeonuncnt[7b\i(yuudDcuiougeEuoeoocn1Pnopezydha(isooiumcdDiznbove'Qrooud
Facilities to a landscaped condition. consistent with the Project. l[ any otbcr portion of Grantor's
property outside the Permanent Utility and Drainage Easement Property is damaged as a result of
Grantee's activities, Grantee will promptly repair and restore such damaged. area to its pre-darnage
condition. Grantor shall be entitled to receive from the City Secretary's office, upon request, copies
of all as-built construction drawings for the Facilities to be k.cated on the Permanent Utility and
Drainage Lasenient .Property ai thc later ol 60 days after Granlee completes construction and anv
later reconstruction ot the Facilities or 30 dTys after (kantee receives such drawings.
�
8. It /a expressly understood and agreed that this Permanent Utility and [)raaugc
Easement Agreement does not constitute o cnu`cyuucu ln 'lee uf any part of the Permanent UiUUv
and Drainage Easement Property o«u conveyance of :any interest in the oU` gas Oucudi/\g easinghead
gas and al! gaseous suhstauces), hydrocarbons. olher iuineruls, water, sulphur. or odier niaterials in.
on, and/or under the Permanent Utility and .Drainage - Easement Property, which rights are ex.pressly
retained by Grantor, but only grants the non-exclusive easement rights specifically provided in this
Permanent Utility and Drainage Eomcnn.uz /�groomeo/; if the Permanent Uh|ity and Drainage
Easement Propert is suhject to existing production or an existing lemcLNuncsenmtionimdudes{kc
production, the lease, and all benefits - from. it provided, however, that neither Grantor nor Grantor's
agents or assigns shall explore 6`r, mine or drill for or otherwise produce the water, oil. gas
tincludiT! casinghead gas and all gaseous substances), hydrocarbons, or any other inin.erals reserved
herein, from or on the surface of the Permanent Utility and - Drainage Easement Property, but Grantor
shall have the right to produce the water, oil, gas, hydrocarbons, and other . minerals reserved herein
°DIV by directional drilling or other indirect means at a depth of not less than two hundred feet (.200'")
3zn*,
below the surl:ace in a manner which does not enter upon, or interfere with Grantee's rights under this
Permanent Utility and Drainage Easement Agreement.
9. Grantee shall not permit to be placed against the Permanent Utility and Drainage
Easement Property, Grantor's other property, or any part of tither, any design professionals`,
mechanics', tnatcrialnren's contractors' or subcontractors' liens with regard to Grantee's actions and
activities upon or affecting the Permanent Utility and Drainage Easement Property. GR.ANTFE
A(. REES, TO THE EXTENT PERMITTED BY LAW, TO HOLD THE GRANTOR
HARMLESS FOR ANY LOSS .A.RISING FROM ANY SUCH LIENS WHICH MIGHT BE
FII.,ED AGAINST GRANTOR'S PROPERTY, INCLUDING' %'I'I'.HOUT LIMITATION •l'111
PERMANENT UTILITY AND DRAINAGE EASEMENT PROPER'.J '. THE INDEMNITY
AND ()TRIER RIGHTS AFFORDED BY THIS SECTION SMALL SURVIVE "FIIF
TFRMINK ION AND EXPIRATION OF THIS PERMANENT UTILITY AND DRAINAGE
EASEMENT AGREEMENT.
10. The rights granted under this Permanent 1_tilty and Drainage Easement Agreement
are granted until. the Facilities or use of the Permanent Utility and Drainage Easement Property shall
be Abandoned, and in that event such rights shall cease and all rights granted under this Permanent
Utility and Drainage Easement Agreement shall terminate and revert to Grantor or Grantor's heirs_
successors, assigns and /or legal representatives. "Abandon" or "Abandonment" as used herein, is
defined as the non -use of the Facilities or the Permanent Utility and Drainage Easement Property for
the purpose herein granted, .for a continuous period of five years and the Grantee agrees that it has no
further intent to use the Permanent Utility and Drainage Easement Property for any of the permitted
purposes,
11. No termination or expiration of the Permanent Utility and Drainage Easement
Agreement shall release Grantee from any liability or obligation under this Permanent Utility and
Drainage Easement Agreement.
12. In the event of a dispute between the parties with respect to the terns or conditions of,
or the rights or obligations under, this Permanent Utility and Drainage Easement Agreement, the
prevailing party shall he entitled to collect from the other party its reasonable attorneys' fees.
13. if a court finds any provision of this Permanent Utility- and Drainage Easement
Agreement to be invalid or unenforceable as to any person or circumstance, such. finding shall not
render the provision invalid. or unenforceable as to any other persons or circumstances. 'lo the extent
feasible, any provision found to be invalid or unenforceable shall be deemed to be modified to he
valid and enforceable: however, ifa material provision cannot be so modified, then such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Permanent Utility
and Drainage Easement Agreement shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein, and the remaining provisions of this Permanent. Utility
and Drainage l asement Agreement will remain in effect.
14. This Permanent Utility and Drainage Easement Agreement is not valid or binding on
6
32474.8
any party unless executed by all of the parties listed below. This Permanent utility and Drainage
Easement Agreement may be executed in one or more counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument.
13. The provisions of this Permanent Utility and Drainage Easement Agreement shall
extend to and be binding upon Grantee and Grantor and their permitted successors and assigns, i
at n'.
15. Grantee agrees turd represents that: (i) this Permanent Utility and Drainage Easement
Agreement is binding on Grantee and enforceable as an agreement in settlement of condemnation
under Texas A&M University-Kingsville v. Lawson, 87 S.W.3d 518 (Tex. 2002) and City (j1
C'arroition - v. Singel 232 S .W .3d 790 (Tex. App.--Fort Worth 2007, pet. denied) as clarified by any
subsequent decisions of the Texas Supreme Court or the Fort Worth Court of Appeals. In the event
of a suit by Grantor against Grantee for breach of this Permanent Utility and Drainage Easement
Agreement, Grantee will not assert immunity from such suit, pursuant to the law as set out in the
cases cited above.
16. GRANTEE IS TAKING THE PERMANENT UTILITY AND DRAINAGE
EAS.EMENT PROPERTY PURSUAN 1 AN AGREEMENT .BETWEEN THE P.ARTIES
IN SETTLEMENT OF CONDEMNATION. THE CONSIDERA.TION WAS BAR(IAI NEI)
ON THF. BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE
AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR
EXPRESS OR IMPLIED WARRANTIES EXCEPT AS _EXPRESSLY PROVI.D.ED H.E.REIN,
IFANY. GRANTEE HAS NOT RELIED ON ANY INFORMATION PROVIDED BY
GRANTOR OR ANY PERSON OR ENTITY ACTING ON GRANTOR'S BEHALF OR FOR
WHOM c .R.A.NTOR .RAS RESPONSIBILITY OTHER THAN GRANTEE'S INSPECTION.
TO HAVE AND TO HOLD unto Grantee, without warranty of title, either expressed or
implied. for the tern hereina.fter set forth, and subject to the terms, conditions, limitations,
reservations, and exceptions contained in this Permanent Utility and Drainage .Easement „Agreement,
until the Facilities or use of the Permanent Utility and - Drainage Easement Property shall be
Abandoned as provided in this Permanent Utility' and Drainage Easement Agreement, and in that
event said Permanent u tility and Drainage Easement Agreement shall cease, all rights herein granted
shall terminate, and all rights to use the Permanent Utility and Drainage Easement Property shall
automatically revert to Grantor or Grantor's heirs, successors, assigns and/or legal representatives.
REMAINDER OF PAGE INTENTIONALLY BLANK
7
32474.8
. .
EXECUTED to be effective as of May 2913
CRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTREAKE, TEXAS
By:
Brian. Jeffrey Massey The honorable John Terrell, Mayor
1200 North Kimball A \ enue 1400 Main Street
Southlake, Texas 76092 Southlake. Texas 76092
Attest:
A lisha Richardson. City Secretary
REMAINDER OF PAGE INTENTIONALLY BLANK
8
32,17<i
^ '
ACKNOWLEDGMENTS
STATE OF TEXAS 8
"
COUNTY OF TARRANT §
Betore me. the undersigned authoiity in and for the State of Texas. on this day personally
appeared BRIAN JEFFREY MAS0]C`K known to me (o/ proved to me on the oath of
ur through [description n[ identity card mr other documcni]}
to be the person 'ahose 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 Oy OFFICE, this the day o[ May. Z0|3.
Notary Public in and for
The State o[Texas
My Commission Expires:
Typed or Printed Name o[Notary
S'FATE OF TEXAS �
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personal])
appeared the Honorable JOHN l[0RRE|LL' Mayor of the City o[BouUdukc_ known to me (or
proved 10 me on the oath of or through [description of
identitv card or other documentl) to he the person whose name jusubscribed to the hzreaoiug
instrument and acknowledged to me that he executed the same for the purposes and consideration
therein expressed. and in the capacity therein expressed.
GIVEN UNDER KlY HAND [IANI) AM) SEAT. OF OFF!C'E. t the day of May, 201I
Notary Puhtic in and for
The State olTexas
\1y Commission Expires: .
Typed or Printed Milne o[Notary
9
32474 8
Exhibit "A"
Survey of Permanent Lid litv and Drainal&c Easement Property
10
321748
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Exhibit "B"
Lc a1 Description ()I' Permanent lid lity and Drainw Easement Proprty
11
:2474 8
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Exhibit "C"
Exceptions To Title From Title Commitment
1 2
32474.8
. .
SCHEDULE B
EXCEPTIONS FROM COVERAGP
GFNumbec 09'34451
In additon to the Exclusions and Conditions and Stipulations, your Policy will not cover loss. :cda, attorney's
fees, and experses resulting From:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data
or delete this exception):
In policy to be issued, |tesnNo. 1 will be deleted.
2. Any discrepances, conflicts, , or shortages in area or boundary lines, or any enonzoohmont or protrusions,
or any overlapping of improvements.
3,----Hoqnestemd-or-commoupitA»mpertyor.aurvivomA4viQAnsrf. nyi
fha-G .>
4. Any titles orrights asserted by anyone, inc|uding, but not Iimited in, peroono, the pub|in, cn/pnmkmna,
governmerits or other entities,
a to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
|ukea, bayo, 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 fiiied-in lands, or artiicia islards, or
d. to statutory water rights, including riparian nghts, or
e. to the area extenthng from the ine ef mean ow tide to the ine cf vegetation, cr the rights of access to
that area or easement along and across that area
(Applies (o the Owner Policy on|yj
5. Standby fees, �xaeand osaeoomon�by any �xngau�o/tyfor �eyear 2O13. and subsequent yemo;
� and subseqo and assessments by any taxing authority for phnryeemdue 8z change inland
usage or awnership, butmddhose�o*sanr assessments for prior yeam because of an exemption granted
d Section 1� 13 TsxaeTax Code orbac�uoeofimpmvem�n�
�ompmviouuuwnerof�hnPnoPedy«n under � »» � ' i |k8 Code, poU (T- R)i issued,
not assessed for ap�v)oua tax year. (If Texas Sho�Form Reedenda Mortgagee cy -� is s
that policy wUl substitute 'whch becorne due and payable subsequentto Date of Policy" in lieu of "for the
year 2013 arid subseauent years.")
6. The terms and conditionS of the docurnenis creating your interest in the Jand.
7.
d"~ed
-mortgage:--(Appflesic-Mortgagee Policy
Residential-fvlortgagee-Polley,ef-Title Insufance--(T-2R).. (App-lies--to Texas-Short Form--Residential
10. The following matters and all tenns of the documents creating or offering evidence of the matters (We
must insert matters or delete this exception.):
(09-044:1 P=om9-0445113o
FORM r'r:Commitment, for Ti/ie|n»"ra»»e(Schedule R,TliKIN TITLE CC 4AN r' FORT WORTH ,5
B)
EXHIBIT
SCHEDULE B
(Continued)
GFNumb*r: 09-04451
a Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
woud be disclosed by an accurate and complete rid survey of the and.
(Note: Upon receipt of a survey acceptable to Company, this exception will be deleted. Company
reserves the right to add additional exceptions per its examination of said survey.)
b. Easement for right-of-way recorded in Volume 2063, Page 351, Deed Records of Tarrant CountV.Texae.
c. Easement for hgbt-of+vey recorded in Volume 2O$3. Pace 353. Deed Records oF Tarrant County. Texas.
d. Easement for right-of-.way granted to TEXAS POWER & UGHT COMPANY by instrument recorded in
Voume 8220, Page 437, Deed Records of Tarrant County, Texas.
�. '
g. Terms, noodi�ona.and eb lease � Lynn Massey, as Lessor, and New Cingular Wireless PCS, LLC, as Lessee, a Memorandum of which is
filed for record under Clerk's File No. D212219369, Deed Records of Tarrant County, Texas.
h - w-possesstop
(0e'04451rrD109'04*51
FORM T-r.cnmmmnentmr Title Insurance (Schedule TITLE COMPANY FORTWORTH TEXAS
rItt
EXHIBIT
NON - EXCLUSIVE RETAINING WALL, EASEMENT AGREEMENT
IN SETTLEMENT OF CONDEMNATION
STA"iE C1: TEXAS §
KNOW ALL N4 EN BY THESE PRESENTS:
COUNTY OF 71
Effective as of May 2013 (the "Effective Date") that Brian Jeffrey Massey a /k /a /Jeff
Massey, NA mailing address is 1200 Kimball Avenue. Southlake, "1'X 7609?. hereinafter called
"Grantor," For and in consideration ol and N0/100 Dollars ($ 10.00) and other good and valuable
consideration paid by The City of Southlake, Texas, a municipal corporation, 1400 Main Street.
Southlake Texas, '6092, hereinafter referred to as Grantee, " in settlemem of a rending
condemnation matter filed by Grantee and pursuant to this Non Exclusive Retaining Wall Easement
Agreement: In ;settlement Of Condemnation ( the "Penntinent Retaining Wall Easement Agreement")
has granted" and by these presents does grant unto said Grantee a non - exclusive retaining wall
easement under and across a strip of land depicted as "Permanent .Retaining Wall Easement
Property" on I x[iibit A and with a legal description of the Permanent Retaining Wall Easement
Property attached to this Permanent Retaining Wall Easement Agreement as Exhibit B (the
"Permanent Retaining Wall .Easement Property ") for a retaining wall and related soil grading and 1.1
surface concrete drainage flume to drain water from Grantor's property (the "Facilities ") in
connection with, and as is necessary for, the Kimball ,\venue road expansion project (the "Project "):
pursuant to the terms and conditions set forth below:
Together with the right of ingress and egress along and upon the Permanent Retaining Wall
Easement Property for the purpose of and with the rig to construct, reconstruct. maintain. repair..
and make connections to the Facilities.
Grantor reserves the right to use the Permanent Retaining Wail Easement Property for all
purposes that are not inconsistent with the specific rights granted to Grantee under this Permanent
Retaining Wall Easement Agreement. Without limitation, Grantor reserves the right to lay out.
dedicate construct, maintain cross, operate, repair. remove, replace, reconstruct, and use that part of
the surface oi:'the Permanent Retaining Wall Easement Property (to the extent not used by Grantee
for above - ground Facilities) for underground telephone cables and conduits. fiber and
communication conduits, and gas, cvater and sewer pipe lines (collectively the. "Allowable
Improvements "), provided. however, the Allowable Improvements do not carnage the r iLilities :.
Grantee agrees to and shall construct, maintain, operate. repair, remove, replace. and reconstruct the
Facilities in accordance with the plans for the currently planned improvements for the Project_ and to
cooperate with Grantor, Grantor's agents, and other utility providers to facilitate the installation of
any other above - ground or below- ground improvements.. which cooperation will not unreasonably be
withheld. Grantor shall not use the Permanent Retaining Wall Easement Property for landscaping,
sigriage. or lighting, other than grass cover 011 all parts of the Permanent Retaining Wall Easement
Property except that part 00 which are located above - ground facilities, without Grantee's written
approval, which approval will not be unreasonably withheld, provided.. however, that (irantor shall
have the right to plant flowers and shrubs (but no trees) on the Permanent Retaining Wall. Easement
EXHIBIT '' ' 1 •. r
N C �!
Property. No later than the conclusion of the work on the Project:, (Grantee wilt cover \with St.
Augustine grass sod of a good quality all parts of the Permanent Retaining Nall Easement Property
except that part on which is located above- ground Facilities.
In the event Grantee's use of the Permanent Retaining Wall t:;aser ent Area causes any
damages to the Allowable Improvements, Grantee agrees to restore within a reasonable dine, at
Grantee's soles cost, the Allowable Improvements to their pre - damage condition. However, nothing
contained in this :-\.greem.ent shall constitute any required governmental approval of any
contemplated improvements, including pavement, or otherwise relieve Grantor from complying with
any applicable ordinances or obtaining any required permits and/or approvals prior to installation or
construction of any proposed improvement unless otherwise excused by the Settlement greernent in
Lieu of Condemnation between Grantor and Grantee or applicable law.
As a material part of the consideration for this Permanent Retaining Wall Easement
Agreement, Grantee agrees that the use of the Permanent Retaining Wall Easement Property by
Grantee and by Grantee's successors and permitted assigns shall be restricted as tollows: the
Permanent Retaining Wall Easement Property shall only be used for the Facilities. Grantor and
Grantee agree that this restriction shall be a covenant that runs with the land.
Grantee may not lease or sublease, or errant any property or possession rights of any kind, to
or within the Permanent Retaining Wall Easement Property without the prior written consent. o f
Grantor or Grantor's successors) in interest, which consent may be withheld for any reason
whatsoever, subject to the conditions and exceptions set forth below. Grantor hereby consents to
Grantee's agents and contractors performing work for Grantee on the Permanent Retaining Wall
.Easement Property; pursuant to the terms of this Permanent Retaining 11Vail Easement Agreement.
Grantee further may not assign or sell this Permanent. Retaining Wall Easement Agreement or any
rights related to the Permanent Retaining Wall Easement Property except as set: out below wyitiu+ut
the prior written consent of Grantor, which consent may be withheld for any reason whatsoever. Any
attempted sale or assignment without Grantor's prior written consent shall be void and of no farce
and effect. Further, any sale or assignment shall not relieve Grantee from any liability- hereunder.
which. liability arose, in whole or - in part, during the term of this Permanent Retaining Wall Fa.sement
.agreement. Also, nothing contained in this Agreement. shall prohibit Grantee from assigning the
Permanent Retaining Wall Easement to another governmental unit or entity that assumes control of
the adjacent right-of-way, including but not limited to Tarrant County and the Texas Department of
'l'ransportation.
This Permanent Retaining Wall Easement Agreement is made by Grantor and accepted by
Grantee subject to the following additional exceptions, reservations, restrictions, conditions and
provisions:
I . The grant of rights under this Permanent Retaining Wall Easement Agreement is
subject to:
a) any and all of the following held or claimed by a governmental entity or
33715.-1
utility provider, whether of record or not: (i) validly existing prescriptive
easements; (ii) visible and apparent rights of watt; and (iii) visible and apparent
prescriptive rights:
h) all presently recorded easements, restrictions, reservations, covenants,
conditions. oil and gas leases, mineral interests, and water interests outstanding in
persons other than Grantor;
c) validly existing utility casements created by recorded dedication deed or
plat;
d) matters described on Exhibit
e) any law, ordinance, or governmental regulation (including but not limited
to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting, or relating to the Permanent Retaining Wall Easement Property,
Grantor's other property, or any part of any of the foregoing:
any discrepancies, conflicts, or shortages in area or boundary lines; and
h) any encroachments or overlapping of improvements, provided, however to
the extent that paving or landscaping existing as of the .Effective Date overlaps or
encroach upon the Permanent Retaining Wall Easement Property, Grantee may
demolish and remove such existing paving or landscaping. at Grantee's sole cost
and expense and in accordance with the terms of this Permanent. Retaining Wall
Easement Agreement.
2. The grant of' rights under this Permanent Retaining Wall Easement Agreement is
subject to a.11 visible encumbrances on, in, or affecting the Permanent Retaining Wall. Easement
Property, Grantor's other property, or any part of any of the foregoing, provided, however that to the
extent that paving or landscaping existing as of the :Effective Date overlaps or encroach upon the
Permanent Retaining Wall Easement Property, Grantee may demolish and remove such existing
paving or landscaping, at Grantee's sole cost and expense and in accordance with the terms of this
Permanent Retaining Wall Easement Agreement.
3. (.grantee shall be entitled to use the Permanent Retaining Wall Easement Property
solely for the purposes expressly set forth in this Permanent Retaining Wall Easement Agreement
and for no other purpose. Until a new driveway is constructed from. Kimball Avenue across the
Permanent Retaining Wall .Easement Property to Grantor's property at a location approved in writing
by Grantor, which approval shall not be unreasonably withheld, Grantee shall not dose or impede
access to Grantor's property over and through the existing driveways from. Kimball that crosses the
Permanent Retaining Wall Easement Property, provided. however, Grantee may temporarily close
one of Grantor's existing driveways from Kimball Avenue if: i) it is necessary and unavoidable for
utility relocation and other construction activities in connection with the Project.: and ii) Grantee
provides Grantor \vith an alternative, temporary access drive from Kimball to Grantor's property that
3
332 I.5.4
•
is reasonably satisfactory to Grantor. During the Project, Grantee will: (1) provide continuous access
l'om Grantor's property to highland Street across the existing drive from Grantor's property to
Highland Street or an alternative, temporal) access drive from Grantor's property to llighland Street
that is _reasonably satisfactory to Grantor: ii) provide continuous access to Grantor's entrances to the
buildings located on Grantor's property and/or iii) not impede Grantor's sidewalk on the east side of
Grantor's property adjacent to Grantor's existing. building. Grantee will not store, or allow any other
person or entity to store, any gasoline, diesel or other fuel, oil, or any other dangerous, hazardous o
toxic materials or contpound.s on the Permanent Retaining Wall Easement Property.
4. It shall be Grantee's sole responsibility to ensure that the Facilities are installed so that
they will not interfere with or affect existing utilities, improvements, structures, and oi:h.er
encunibr:'ances (except to the extent that paving, driveway, or landscaping existing as of the Effective
Date overlaps or encroach upon the Permanent Retaining Wall Easement Property in which case
Grantee "nay demolish and remove such existing paving, driveway, or land.scapu g, at Grantee's sole
cost and expense and in accordance with the terms of this Permanent Retaining Wall Easement
Agreement), that the Permanent. Retaining Wall Easement Property is adequate for Grantee's
intended and actual use, and that Grantee's use of the Permanent Retaining Wall Easement Property
complies with all state, federal, and local requirements for the excavation, construction,
reconstruction, installation, operation, repair, maintenance, replacement, alteration andior removal of
(:irantee's l acili.ties,
5. Grantee hereby agrees to obtain, and require its contractors, subcontractors, agents
and employees to obtain, all required permits and governmental approvals for all activity an or
affecting the Pernlanent..Retaining Wall Easement Property so as to meet all regulatory requirements
and shall complete all work in accordance with City of Southlake, Texas specifications,
requirements, and contracts. Grantee shall. construct, maintain, operate. repair, remove, replace, and
reconstruct the Facilities in accordance with City of Southlake, Texas specifications, requirements,
and contracts, and in accordance with. all applicable federal, state and local laws, statutes, orders,
ordinances, rules, regulations, standards, plans, policies and decrees. Grantee shall, in all activities
undertaken pursuant to this Permanent Retaining Nall Easement Agreement, comply and require its
contractors, agents and employees to comply with all federal, state and local .laws, statutes, orders,
ordinances, rules, regulations, standards, plans, policies and decrees.
6. Grantee will be solely responsible .fnr the safety of all its employees, contractors,
subcontractors, consultants, invitees, agents and other persons who enter onto the Permanent
Retaining Wall Easement Property at the direction or request of Grantee. Further. Grantee shall
require its general contractor to obtain adequate insurance covering personal injury, death, and
property damage from his/its activities and the activities of its employees, subcontractors, consultants
or other agents entering the Permanent Retaining Wail Easement Property on the Permanent
Retaining Wall Easement Property. Such insurance will be the primary insurance cov=erage for any
claiims and Grantor's insurance, if any, shall be considered secondary insurance.
7. Grantee will maintain the Facilities in good condition in accordance with City of
South.lake and any other applicable laws_ ordinances, rules, and regulations. Upon completion of any
construction. maintenance, repair, removal, replacement, reconstruction or other work on or in the
Permanent Retaining Wall Easement Property, Grantee shall promptly restore that part of the surface
ofthe Permanent Retaining Wall Easement Property that is not used for above - ground facilities to a
landscaped condition consistent with the Project. If any other portion of Grantor's property outside
the Permanent Retaining Wall Easement Property is damaged as a. result of Grantee's activities,
Grantee will promptly repair and restore such damaged area to its pre- damage condition. Grantor
shall be entitled to receive from the City Secretary's office, upon request, copies of all as -built
construction drawings for the Facilities to be located on the Permanent Retaining Wall. Easement
Property at the later of60 days after Grantee completes construction and any later reconstruction of
the Facilities or 30 days after Grantee receives such drawings.
8. It is expressly understood and agreed that this Permanent Retaining Wall Easement
Agreement does not constitute a conveyance in fee of any part of the Permanent Retaining Wall
Easement Property or a conveyance of any interest in the oil, gas (including casinghead gas and all
gaseous substances), hydrocarbons. other minerals, water, sulphur, or other materials in, on, and /or
under the Pennanent Retaining Wall Easement Property, which rights are expressly retained by
Grantor, but only grants the non - exclusive easement rights specifically provided in this Pernanent
Retaining Wall Easement Agreement; if the Permanent Retaining Wall Easement Property is subject
to existing production or an existing Iease, this reservation includes the production, the lease, and all
benefits from it provided. however, that neither Grantor nor Grantor's agents or assigns shall explore
or, mine or drill for or otherwise produce the water, oil, gas (including casinghead gas and all
gaseous substances), hydrocarbons, or any other minerals reserved herein, from or on the surface of
the Permanent Retaining Wall Easement Property, but Grantor shall have the right to produce the
Water, oil, gas, hydrocarbons, and other minerals reserved herein only by directional drillini7 or other
indirect means at a depth of not less than two hundred feet (200') below the surface in a manner
kvltich does not enter upon, or interfere with Grantee's rights under this Permanent Retaining Wall.
Easement Agreement.
9. Grantee shall not permit to be placed against the Permanent Retaining Wall Easement
Property, Grantor's other property, or any part of either. any design professionals', mechanics',
materialrnen.'s contractors' or subcontractors' liens with regard to Grantee's actions and activities
upon or affecting the Permanent Retaining Wall Easement Property. GRANTEE AGREES, TO
THE EXTENT PERMITTED BY LAW, TO IIOLD THE GRANTOR HARMLESS FOR
ANY LOSS ARISING FROM. ANY SUCH LIENS WHICH MICII'I' BE FILE!) .AGAINST
GRANTOR'S PROPERTY, INCLUDING WI'T'HOUT LIMITATION 1 HE PERMANENT
.RETAINING WALT. EASEMENT MENT PROPERTY. THE INDEMNITY A.ND OTHER RIGHTS
AFFORDED BY THIS SECTION SHALL SURVIVE THE TERMINATION AND
EXPIRATION OF PHIS PERMANENT RETAINING WALL EASEMENT AGREEMENT.
10. The rights granted under this Permanent Retaining Wall Easement Agreement are
granted until the Facilities or use of the Permanent Retaining Wall Easement Property shall be
Abandoned, and in that event such rights shall cease and all rights granted under this Permanent
Retaining Wall Easement Agreement shall terminate and revert to Grantor or Grantor's heirs.
successors, assigns and/or legal representatives. "Abandon' or "Abandonment" as used herein, is
;,215.4
defined as the non-use of the Facilities or the Permanent Retaining Wall Easement Property for the
purpose herein. granted, fbr a continuous period of five years and the Grantee agrees that it has no
ti!rther intent to use the Permanent Retaining Wall Easement Property for any of the permitted
purposes.
I 1. No •termination or expiration of the Permanent Retaining Wall Easement Agreement
shalt release Grantee from any liability or obligation under this Permanent Retaining Wall Easement
Agreement.
12. In the event oCa dispute between the parties with respect to the terns or conditions oil
or the rights or obligations under, this Permanent Retaining Wall Easement Agreement. the
prevailing party shall be entitled to collect from the other party its reasonable attorneys" fees.
13. If a court finds any provision of this Permanent Retaining Wall Easement Agreement
to be invalid or unenforceable as to any person or circumstance, such finding shall not render the
provision invalid or unenforceable as to any other persons or circumstances. To the extent feasible,
any provision found to be invalid or unenforceable shall be deemed to be modified to be valid and
enforceable: however, if a material. provision cannot he so modified, then such invalidity, illegality,
or unenf:orceahility shall not affect any other provision hereof and this Permanent Retaining Vv'all
Easement Agreement shall be construed as if the invalid, illegal, or unenforceable provision had
never been contained. herein, and the remaining provisions of this Permanent Retaining Wall
Easement Agreement will remain in effect.
14. This Permanent Retaining Wall Easement: Agreement is not valid or binding on any
party unless executed by all of the parties listed below. This Permanent Retaining Wall Easement
Agreement may be executed in one or more counterparts, each of which shalt be deemed an original
but all of which together shall constitute one and the same instrument.
15.
The provisions of this Permanent Retaining Wall Easement Agreement shall. extend to
and be binding upon Grantee and Grantor and their permitted successors and assigns, if an..
15. Grantee agrees and represents that: (t) this Permanent Retaining Wail Easement
Agreement is binding on Grantee and enforceable as an. agreement in settlement of condemnation
under Texas A &19 University- lCin,gst'ille n. Lawson, 87 S.W.3d 518 (Tex. 2002) and C7t of
Carrollton v. Singer, 232 S.W.3d 790 (Tex. App.- -Fort Worth 2007. pet. denied) as clarified by any
subsequent decisions of the Texas Supreme Court or the Fort Worth Court of Appeals. In the event
of a suit by Grantor against Grantee for breach of this Permanent Retaining Wall Easement
A.greement, Grantee will not assert immunity from such suit, pursuant to the law as set out in the
cases cited above.
16. GRANTEE IS TAKING THE PERMANENT RETAINING WALL
EASEMENT PROPERTY PURSiUA.NT TO AN .AGREEMENT BETWEEN TH:i PARTIES
IN SI:` 'TLIN,MENT OF CONDEMNATION. THE C:ONSiDERA`I'.ION WAS BARGAINED
ON THE BASIS OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE
6
_.x'.15.1
AGREEMENT OF THE PARTIES 'I'EIA.T THERE ARE NO REPRESENTATIONS OR
EXPRESS OR IMPLIED WARRANTIES EXCEPT AS EXPRESSLY PROVIDED HEREIN,
IFANY, GRANTEE HAS NOT RELIED ON ANY INFORMATION PROVIDED BY
GRANTOR OR ANY PERSON OR ENTITY ACTING ON GRANTOR'S BEHALF OR FOR
WHOM GR,-ANTOR HAS RESPONSIBILITY OTHER THAN GRANTEE'S INSPECTION.
.1.O HAVE AND TO HOLD unto Grantee, without warranty of title, either expressed or
implied, for the term hereinafter set torch, and subject to the terms, conditions, limitations,
reservations, and exceptions contained in this Permanent Retaining Wall Easement: Agreement, until
the Facilities or use of the Permanent Retaining Wall Easement Property shall be Abandoned as
provided in this Permanent Retaining Wall Easement Agreement. and in that event said Permanent
Retaining Wall Easement Agreement shall cease, all ,rights herein granted. shall terminate, and all
rights to use the .Permanent Retaining Wall Easement Property shall automatically revert to Grantor
or Grantor's heirs, successors, assigns and/or legal representatives.
EXECUTED to be effective as of May 2013.
GRANTOR: GRANTEE:
BRIAN .IEFFREY MMM'IASSEY CITY OF SOUITHLAKE, TEXAS
Brian Jeffrey Massey The Honorable John Terrell, rvtayor
1200 North Kimball Avenue 1400 Main Street
Southlake. "Texas 7609 Southlakc, Texas 76092
Attest:
Aiisha Richardson, City Secretary
REMAINDER OF PAGE INTENTIONALLY BLANK
::215A
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF TARRAN'1' §
Belpre ine. the undersigned authority in and for the State of Texas, on this day personally
appeared BRIAN JEFFREY M ASSEY, known to me for proved to me on the oath of
or through __...__ [description of identity card or other document])
to he the person whose name is subscribed to the foregoing instrument and acknovyledged 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 o I May. 21)! 3.
Notary Public in and for
The State of Texas
My Commission Expires:.,
Typed or Printed Name of - Notary
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me. the undersigned authority in and for the State of Texas. on this day personaily
appeared the Honorable JOHN TERRELL Mayor of the City of Southlake, known to me or
proved to one on the oath of or through (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 sauce for the purposes and consideration
Therein expressed, and in the capacity therein expressed.
GIVEN UNDER \1Y HAND AND SEA1 OF OFFICE, this The day of May, 2013.
Notary Public in and for
The State of Texas
My Commission Expires;
Typed or Printed Name of Notary
8
33215 4
Exhibit "A"
Survey of Permanent Retaining Wail Easement Property
9
33;u5-1
b , ,
R'CHARD HOLLIDAY AND wIri.:',
MARY ANN 110LUD.AY
V01.. 14325, PG, 524, D.R.T.C.T. ._J
z
J
fr INOR WEST CORNER
1
/
co : MASSEY TRACT
/ i "PK" NAIL FOUND
i: 1/2 IRON ROO SET
. 4..?
o q I TUMBLEWEED
1 tk
c< 1 ■ L,..1 TRAIL
.:P ._.
: 1
N 89"10`29E 10.00"
1
N 00°49'31W 25.00'----. 4 POINTIOF BEGiNNING
5 891029W 7.00*---/. 1 ,
I i
JEFF MASSEY
-• - —1 RIG:Tr OF' WAY
VOL. 16881, PG. 198 1 I •m•T
D.R.T.C.T.
',.)T 3, T:-E H,...:..."-OTTION
VOL za5-159. PG. 9.6 ! .ZD
PERMANENT WALL < L___ '
I EASEMENT _
10.025 ACRE / 1075 SQ.FT. Z:8 ''''„ 1 .7,-0 CRIPPLE CREEK
LANE
z , c > .)
0 Ix
RIGHT-OF-WAY L,1NE
1 \ S 89"10'29"W
1 \ 3.00'-----.
/2," IRS
,•
SUR:./EY LiNE j CENIERLiNE ROAD
..v3---- "PK" NAIL FOUND
_
,.-'------- ____ __ 1 "-- SOUh CORNER
_ .. . __
i . OF MASSEY TRACT
PK" NAIL I- 01_:!ND :N ' I
Cl F R L iW: (34, ROAD 4.7-• .
N. ,....
1 '
, • 'N
I? ; _ .-,• e .,;:.
0
, 1
k
ii
...1,
\-‘-.
PROPERTY CORNER NO
ALL PROPERTY CORNERS SET ARE 72' 'RON RODS
SCALE 1" 100' (1/2"iRs) wriii CA' MARKED "3R11 & C9AWFORD"
CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE TEXAS, 76092
,
u
\-::----/
, •
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
. . ...
EXHIBIT "B"
BRITTAIN AzeRAIlfORD A, 0' ., oF ti•l • 1. ua m:
; -y:
' AND SU iVE1NNG &
PERMANENT WALL EASEMENT • ' ',, * ° sr:l.z.;,
OPO UM
N.2APH!C: IM; ,,/ JAMES L
..._`.. . 0.025 ACRL OF LAND ,
y
\.,,,., K .-. '.,p_ Iii
, , , , , t NH ;517) 926-8.341 LOCATED IN THE 4, v - •4' , ^,- sle'e, , v t
, C. MM ■ .14 . MHA SOUTH .,,EEWAr FRANCIS THROOP SURVEY VI'°'§'•fiA:21 5E
f TA1 MATH, ATm-9 7G1H1 t.LL,,,,,,
ABSTRACT No. 1511 NOVEMen 2, 2011 , i;;;E ... 4,
SOUTI-ILAKE, TARRANT COUNTY, TEXAS
vogkAa\ rs-15\ REVISED MAY 10, 20i3 lizitmaggetep
r
Exhibit "B"
Leal Description of Permanent Retaining Wail Easement Property
1 0
33215
•
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0,328 acre of and located in the FRANCIS THROOP SURVEY.
ABSTRACT No. 1511. Soutmexo. Tarrant County, Texas. and being n»ortionof
a tract of and conveyed to Jeff fvlassey, by the deed recorded in Volume 10881
Page 198 of the Deed Records of Tarrant County, Texas. Said 0.028 acre of
land bcing marc parlicuary described by metes and hounds as follows.
BEGINNING at a point in the new West right-of-way line of North Kimball
Avenue, and lying N an 45' 37 vV 49 42 feu, and S 00~4e'3VE 9288
/eet, from a 'PK' nail found marking the Northeast corner of said Massey
Tract. Said Point of Begnnng also /ymg in the new West ,ioht'of war line
of North Kimball Avenue,
THENCE 5O0^49' 31^E 300.00 ose|, along the new ;Nest right-of-way
inc af said North Kimball Avenue, »za point:
THENCE SD9~ 10' 29^VY 3.00 feet, to a point
THENCE N 00` 49 31^ W 27500 fee, along a line 3 feet West of Pnd
parallel to the new West ngot-of-way inc of said North Kimball Avenue, to
oPoint;
THENCE S08 29"xY 700 feet, to a poin
THENCE N 00` 49' s1 vv 25o0 oasu, along a line 10 feet West of and
parallel to the new West dgh,�f-way line of said North Kimball Avenva, to
apoint;
THENCE NG9~1D20`E 10 00 feet, to the POINT OF BEGINNING,
containing 0.028 acre (1,075 square feet) of land.
EXHIBIT
e
Exhibit "C"
Exceptions To Title From Title Commitment
I
.3215-1
^~ ^
SCHEDULE B
EXCEPTIONS FROM COVERAGE
GFNumbec 09-04451
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attornev's
fees, and expenses resuting from:
1. The following restrictive covenants of record itemized below (We must either insert spacific recording data
or delete this exceptcrij:
In policy tobeissued, Item No. 1 will bedeleted
2. Any discrepancies, oon0icto, or shortages in area or boundary lines, or any encroachments orprotrusions,
or any overlapping ofimprovements.
-_--n_ P' -e.n '
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 comprisina the shores or beds of navigable or perennial rivers and streams,
akes, bays, gulfs ar oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or chanaed 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 extendinci from the line of mean low tide to the line of vegetation, or the rights of access to
that area or easement along and across that area.
(Applias to the Owner Policy only.)
5. Standby fees, taxes and aeoesomen�hy any taxing auihuhiy�vthe year 2O13. and subsequent years;
and subsequent taxes and assessments by any taxing authority for prior years due Vz change inland
usage or ownership, but not those taxes or assessments for prior years because of ar exernotion granteci
Section 11 13 TexaaTax Cnde nmvamonto
ioopravmuao�neroftheP'»P�dyund e* e »n Short Residential K8�'
no�aoaeosod�o/apnaviouo�axyemr�(|fTex�au�o Form Mortgagee issued,
that policy will substitute "which become due and payable subsequent to Date of Policy" in Iieu of "for the
year 2O13 and subsequent yeam.'')
6. The terrns and conditions of the documents creating your ntereat in the Iarid.
7 - Mate w*
e��o�/e���#�l��b��� e��u���m���e��*�e�s���
- �� in to Mortgageeenty`)
9:— — �@ � �efF�����U�e�����ha=���m�e�en��
Residential-Mortgagee-Poky-of-Title e
10. |kefoonwmgmene/no/maot=..=="=~~~.......^~_--- n" or offering evidence of the matters (We
must insert matters or delete this exception.):
(09'04451.rpum9-0
FORM T-7: Cornmiimafl far Tffle h'.surance (Schedule 11TLE COMPANY, FORT WORTH, TEXAS
8)
EXHIBIT
SCHEDULE B
(Continued)
GF Number: 00-04451
a. Any encroachment, encumbrance, violation. variation, or adverse circumstance affecting the title that
wcud be disclesed by an accurate and campete and survey of the land.
(Note: Upon receipt of a survey acceptable to Cornpny, this exception wiH be deleteci Company
reserves the right to add additional exceptions per its exarnination of said survey.)
b. Easement for right-of-way recorded in Volume 2063, Page 351, Deed Records of Tarrant County, Texas.
c. Easement for right-of-way recorded in Volume 2063, Page 353, Deed Records of Tarrant County, Texas.
d. Easement for right-of-way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded in
Volume 8220. Page 437, Deed Records of Tarrant County, Texas.
-is-data
g. Terms, and Massey � - conditions, randNewQngu|arVVire|emmPCG yNemnmndumcAvvmon/s
Ly»»kAa*s*y`�o�eau»^ �' File D212219369, Deed LLC, eoLesnee.a mofTarran��oun�
5ledforreco/� umUerue/ s No. . Records . Texas.
� _-' __-_ -
(09-04451,ppD/o90445
FORM r-7: Commitment tor Title Insurance (Schedule RaTImmnTLE CmwpAw� FORT WORTH, TEXAS
3)
EXHIBIT ‘11,
RAI
June 19, 2013
City of Southlake
Attn: Robert Price
1400 Main St.
Southlake, TX 76092
Re: RTC GF #: 09 -04451
Property Address: 1200 N Kimball Ave
Southlake, TX 76092
Dear Mr. Price:
We are pleased to enclose the title policy in connection with the above referenced transaction.
The original instruments have been filed for record, and we have requested that the Tarrant County Clerk
return any appropriate documents to you once they have been recorded.
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 of service to you in this matter. If we can be of further assistance in this, or
any future transaction, please contact us.
Sincerely,
`�h I
Shay Townsend
Escrow Officer
stownsend@rattikintitle.com
Downiown OC(ict • 201 Me Street, Suite 800 • Fort Worth, Texas 76102 - 31005 • Phone 81 7.332.1171 • Fax 817.877.4237
<1itle,co1u
• s
0 CHICAGO TITLE INSURANCE COMPANY
Policy No.:
OWNER'S POLICY OF TITLE INSURANCE (T -1)
Issued by
CHICAGO TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given the Company 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 13 AND
Ti 1I CONDITIONS, CHICAGO TIME INSURANCE: COMPANY, a Nebraska 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 loss 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;
(ii) 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 encroachments onto the Land of existing improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien 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 govermmental 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,
7239843 (2/10) Owner's Policy of Title Insurance T -1 (2/01/10)
state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records:
(i) 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 tiled 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.
CHICAGO 'mix INSURANCE COMPANY
1
N A
ATT45 ( PrewlanC
Authorized l S � j � '
g
Shay Tow send �' ���• 4 s,ay.ry
TX2373 09 -044 1
Rattikin Title Company
201 Main Street, Suite 800
Fort Worth, TX 76102
Tel: (817) 332 -1171
Fax: (817) 877 -4237
7239843 (2/10) Owner's Policy of Title Insurance T -1 (2/01/10)
" T
CHICAGO TITLE INSURANCE COMPANY
OWNER'S POLICY OF TITLE INSURANCE T -1
SCHEDULE A
Name and Address of Title Insurance Company: Chicago Title Insurance Company
2001 Bryan St., #1700
Dallas, TX 75201
File Number: 09 -04451 Policy Number:
Address for Reference only: 1200 N Kimball Ave
Southlake, TX 76092
Amount of Insurance: $ 476,000.00
Date of Policy: May 31, 2013 Premium: $3,008.00
1. Name of Insured:
City of Southlake, a municipal corporation
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 and drainage created by that certain Non - Exclusive Utility and
Drainage Easement Agreement in Settlement of Condemnation from Brian Jeffrey Massey a /ka/ Jeff
Massey to The City of Southlake, dated May 31, 2013, filed for record under Clerk's File No. 213138790,
Deed Records of Tarrant County, Texas.
TRACT 3:
Non - Exclusive Easement Estate for retaining wall created by that certain Non - Exclusive Retaining Wall
Easement Agreement in Settlement of Condemnation from Brian Jeffrey Massey a /ka/ Jeff Massey to The
City of Southlake, dated May 31, 2013, filed for record under Clerk's File No. 213138791, Deed Records of
Tarrant County, Texas.
3. Title to the estate or interest in the land is insured as vested in:
City of Southlake, a municipal corporation
4. The land referred to in this policy is described as follows:
Three tracts of land out of the FRANCIS THROOP SURVEY, Abstract No. 1511, Tarrant County, Texas,
being more particularly described by metes and bounds on Exhibit A attached hereto.
FORM T -1: Owner's Policy of Title Insurance
Schedule A (09- 04451.PFD/09- 04451/80)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B
File No.: 09 -04451 Policy No.:
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.
rccording data or delete this exception):
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 2013, 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. Easement for right -of -way recorded in Volume 2063, Page 351, Deed Records of Tarrant County,
Texas.
b. Easement for right -of -way recorded in Volume 2063, Page 353, Deed Records of Tarrant County,
Texas.
c. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument
recorded in Volume 8220, Page 437, Deed Records of Tarrant County, Texas.
d. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is
dated effective June 9, 2008, filed for record under Clerk's File No. D208247624, Deed Records
of Tarrant County, Texas. Title to said Lease has not been checked subsequent to the date of
recording of the said Memorandum.
FORM T -1: Owner's Policy of Title Insurance
Schedule B (09- 04451.PFD/09- 04451/81)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
,
SCHEDULE B
(Continued)
File No.: 09 -04451 Policy No.:
e. Terms, conditions, and stipulations contained in lease agreement between Jeff Massey and wife,
Jodie Lynn Massey, as Lessor, and New Cingular Wireless PCS, LLC, as Lessee, a Memorandum
of which is filed for record under Clerk's File No. D212219369, Deed Records of Tarrant County,
Texas.
f. Interest in all water, oil, gas, and other minerals as reserved in Deed in Settlement of
Condemnation recorded under Clerk's File No. D213138789, 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.
g. Terms, conditions and stipulation of that certain Non - Exclusive Utility and Drainage Easement
Agreement in Settlement of Condemnation from Brian Jeffrey Massey a /ka/ Jeff Massey to The
City of Southlake, dated May 31, 2013, filed for record under Clerk's File No. 213138790, Deed
Records of Tarrant County, Texas.
h. Terms, conditions and stipulations of that certain Non - Exclusive Retaining Wall Easement
Agreement in Settlement of Condemnation from Brian Jeffrey Massey a /k/a/ Jeff Massey to The
City of Southlake, Texas, dated May 31, 2013, filed for record under Clerk's File No. 213138791,
Deed Records of Tarrant County, Texas.
i. Terms, conditions and stipulations of that certain Temporary Construction Easement between
Brian Jeffrey Massey a /k/a/ Jeff Massey to The City of Southlake, Texas, dated May 31, 2013,
filed for record under Clerk's File No. 213138792, Deed Records of Tarrant County, Texas.
j. Terms, conditions and stipulations of that certain Non - Exclusive Joint Use Private Access
Easement from Brian Jeff Massey to Richard Holliday and Mary Ann Holliday dated June 1, 2013,
filed for record under Clerk's File No. 213138794, Deed Records of Tarrant County, Texas.
FORM T -1: Owner's Policy of Title Insurance
Schedule B (09- 04451.PFD/09- 04451/81)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
Office File Number Policy Jacket Number Date of Endorsement Amount of Insurance Type Code Rule
1 2 3 4 5 9
09 -04451 May 31, 2013 $ 476,000 00 EN 0801 R -29.1
MINERALS AND SURFACE DAMAGE ENDORSEMENT -
OWNER POLICY T -19.2
Attached to Policy No.
Issued By
CHICAGO TITLE INSURANCE COMPANY
Attached to Policy No. Applies to Parcel(s): Three tracts of land out of the FRANCIS THROOP
SURVEY, Abstract No. 1511, Tarrant County, Texas, being more particularly described by metes and bounds on Exhibit
A attached hereto.
The Company insures the insured against loss which the insured shall sustain by reason of damage to improvements
(excluding lawns, shrubbery, or trees) located on the Land on or after Date of Policy resulting from the future exercise
of any right existing at Date of Policy to use the surface of the Land for the extraction or development of coal, lignite,
oil, gas or other minerals excepted or excluded on Schedule A, Item 2 or excepted in Schedule B. This endorsement
does not insure against loss resulting from subsidence.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify
any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous
endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the
terms and provisions of the policy and of any prior endorsements.
CHICAGO TITLE INSURANCE COMPANY
Authorized Countersignature w
t * "
,sNi ., .
„ _ .
..
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RATTIKIN OMP ►
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FOR INFORMATION, OR TO MAKE A COMPLAINT
CALL: (888)934 -3354
ENDORSEMENT
T -19.2 Owner Policy Endorsement
Texas Form T -19.2
Effective 11 -01 -09 (09- 04451.PFD/09 04451/82)
RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
� T
EXHIBfi "A"
LEGAL. DESCRIPTION
P 5> HEtr'r R}GH OF -WAY
NORTH KIMBALL AVENUE
(PARCEL 15
BEING 0.516 acre of land located in the 'FRANCIS THROW SURVEY,
ABSTRACT Na. 4511, S Make,. Tarrant County, 'F011vs. and. bed a .portion of
a. tract of land conveyed to ,led M ssey, by the deed recarde - in %%liana 16881
Page 19S. of the Deed Retorts of Tarrant. County. Teas. Said 0:816 acre DI
land being more partiCulaily descabed by metesand rounds es iu8uws:
BEGINNING at a "PK" nail found at the Sot east corner of said Massey Tract,
and lying at the intersection of the center** at North Kirrdt+a1 Avenue. with •
the centerline of E. Highland Str2-1:
THENCE 14 89 25" W 331 .64 feet. albrg the South botthdarY rine o
said Massey Tract, and airing the oenierline cif E. Highland Street;
THENCE N t)U" ass' 06` W 34:98 feet along the West boundary fine of
said Massey Tract, to a :4` bon rod marked ' Br6Cain & Crav 1bre set in
the new Nixth night- of-way fine of•said E Rani , Stnalt
THENCE S fir 38' 59 E 269.07 feast, along the new Na right - Of-way
ate of said E. Highland Street to a lson rod - misdeed litrittain &
Crawford' sat in the new West nigh -rf way line of said North Kimball
Street;
THENCE along the new West rigid- of-way line of said North Kimball Street,
as follows'.
1. N 45' 00" 00' E 19.71 feet, to a W iron txxi snorted `Brittein &
Crawford' set
2. ti 00' 49' 3i'W 478.08 feet, to a W iron rod narked ` irittatn &
Crawford` sex at the Nixon boundary & e of Said •fitaSsey Tract lying in
the South .boundary fine of a tract of Zara main ey ed to Rrc hand Hofklay
and wife, May Ann may, by the deed recorded iriVolurne 14325,
Page 524, by the Deed'Redards of Taarartt:Couny. Teas;
THENCE S 89' 45 3T E 49.42 feet, airing the North boundary line of
sad Massey Tract. and the South boundary line of said Holliday Tract, to
a 'PK" nail found at the Norther corner of said Massey Tract, lying in the
centerline of said North Kimball Avenue:
THENCE S 00' 36' 17" E 527.10 feet, edong the East boundary lure of
said•Massey Tract, and the aline of said North Kanbail Avenue, to t
POINT OF BEGINNING, containing 0:816 acre (35,543 square feet) of
land.
NOTE: COMPANY DOES NOT REPRESENT THE ABOVE AGREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
TrA 4 2
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 18
BEING 0.111 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No_ 1511, South ake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by lice deed recorded in Vokane 16864,
Page 198. of the Deed Records of Tarrant County. Texas. Said 0.111 acre of
land being more particularly described by metes and bounds as follows:
BEGINNING at a W on rod marked 'Brittain & Crawford" set in the North
boundary line of said Massey Tract, and tying N 89' 45' 3T W 49.42 feet.
from a "PK" nail found marking the Northeast corn of said Massey Trail.
Said Point of Beginning also tying in the new West right- of -way line of
North Kimball Avenue:
THENCE S 00' 49' 31' E 478.08 feet along the new West right - of-way
line of said North Kimball Avenue, to a W iron rod marked 'Brfttairt 8
Crawford', set
THENCE S 45' 00' 00' W 13.94 feet to a point
TFENCE N 00' 49' 3V W 487.98 feet, to a point in the North boundary
line of said Massey Tract
THENCE S 88' 45 37' E 10.00 feet, along the North boundary line of
said Massey Tract, to the PONT OF BEGINNING. containing 0.111 acre
(4830 square feet) of land.
NOTE: COMPANY DOES NOT REPRESENT THE ABOVE AGREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
,
s c
EXHIBIT "A"
LEGAL DESCRIPTION �t
PERPAANENT
WALL EASEMENT
NORTH K1ilMBALL AVENUE
PARCEL 15
BEING 0.028 acre of and located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, SQu thlalae, Tarrant County, Texas, and being a portion of
a tract of land oonveyed to Jeff Masser, by the deed recorded in Volume 18881,
Page 198, of the Deed Records of Tarrant County, Tpcas. Said 0.028 acre of
and being more parl'rcutarly descdoed by metes and bounds as follows:
BEGINNING at a point in the new West right -ofray line of North Kimball
Avenue, and lying N 89' 45' 37' W 49.42 feet, and S 00 1 4531 "E 92.80
feet, from a "PK' nail found marking the. Northeast comer of said Massey
Tract. Said Point of Beginning also lying in the new West right-of -way fine
of North Kimball Avenue;
THENCE S 00° 49' 31' E 300.00 feet, along the new West right- of-way
line of said North' Kimball Avenue, to a point:
THENCE S 89° 10' 29' W 3.00 feet, to a point;
THENCE N 00' 49' 31' W 275.00 feet, along a fine 3 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point;
THENCE 5 89' 10 29" W 7,00 feet, to a point;
THENCE iN 00° 49' 31' W 25.00 feet, along a fine 10 feet West of and
parallel to the new West rigitof -way line of said North Kimball Avenue, to
a point
THENCE N 89' 1 29' E 10.00 feet, to the POINT OF BEGINNING,
containing 0.025 acre (1,075 square feat) of land.
NOTE: COMPANY DOES NOT REPRESENT THE ABOVE AGREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
EXCLUSIONS FROM COVERAGE
The billowing 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:
(i) 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) Any 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 ScheduleA because of Umnarketable Title.
CONDITIONS
1. DEFINITION OF TERMS, clerk of the United States District Court for the district where the Land
The following terms when used in this policy mean: is located.
(a) "Amount of Insurance ": the amount stated in Schedule A, as may be (j) - Title": the estate or interest described in Schedule A.
increased or decreased by endorsement to this policy, increased by (k) "Unmarketable Title ": Title affected by an alleged or apparent matter
Section 8(b), or de- creased by Sections 10 and 11 of these Conditions. that would permit a prospective purchaser or lessee of the Title or lender
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. on the Title to be released from the obligation to purchase, lease or lend if
(c) `Entity ": A corporation, partnership, trust, limited liability company or other there is a contractual condition requiring the delivery of marketable title.
similar legal entity. 2. CONTINUATION OF INSURANCE.
(d) "Insured ": the Insured named in Schedule A.. The coverage of this policy shall continue m force as of Date of Policy in favor
(i) The term "Insured" also includes: of an Insured, but only so long as the Insured retains an estate or interest in the
(A) successors to the Title of the Insured by operation of law as Land, or holds an obligation secured by a purchase money Mortgage given by a
distinguished from purchase, including heirs, devisees, purchaser from the Insured, or only so long as the Insured shall have liability
survivors, personal representatives or next of kin; by reason of warranties in any transfer or conveyance of the Tide. This policy
(13) successors to an Insured by dissolution, merger, consolidation, shall not continue in force in favor of any purchaser from the Insured of either (i)
distribution or reorganization; an estate or interest in the Land, or (ii) an obligation secured by a purchase
(C) successors to an insured by its conversion to another kind of money Mortgage given to the Insured.
Entity; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
(D) a grantee of an Insured under a deed delivered without payment The Insured shall notify the Company promptly in writing (i) in case of any
of actual valuable consideration conveying the Title: litigation as set forth in Section 5(a) below, or (ii) in case Knowledge shall
(1) If the stock, shares, memberships, or other equity interests come to an Insured hereunder of any claim of title or interest that is adverse
of the grantee are wholly -owned by the named Insured, to the Title, as insured, and that might cause loss or damage for which the
(2) If the grantee wholly owns the named Insured, Company may be liable by virtue of this policy. If the Company is prejudiced
(3) If the grantee is wholly -owned by an affiliated Entity of by the failure of the Insured Claimant to provide prompt notice, the Company's
the named Insured, provided the affiliated Entity and the liability to the Insured Claimant under the policy shall he reduced to the extent
named Insured are both wholly -owned by the sane of the prejudice.
person or Entity, or When, after the Date of the Policy, the Insured notifies the Company as
(4) If the grantee is a trustee or beneficiary of a trust created required herein of a lien, encumbrance, adverse claim or other defect in Title
by a written instrument established by the Insured named insured by this policy that is not excluded or excepted from the coverage of
in Schedule A for estate planning purposes. this policy, the Company shall promptly investigate the charge to determine
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights whether the lien, encumbrance, adverse claim or defect or other matter is
and defenses as to any successor that the Company would have had valid and not barred by law or statute. The Company shall notify the Insured in
against any predecessor Insured. writing, within a reasonable time, of its determination as to the validity or
(e) "Insured Claimant ": an Insured claiming Toss or damage. invalidity of the Insured's claim or charge under the policy. If the Company
(1) `Knowledge" or "Known ": actual knowledge, not constructive knowledge concludes that the lien, encumbrance, adverse claim or defect is not covered
or notice that may be imputed to an Insured by reason of the Public by this policy, or was otherwise addressed in the closing of the transaction in
Records or any other records that impart constructive notice of matters connection with which this policy was issued, the Company shall specifically
affecting the Title. advise the Insured of the reasons for its determination. if the Company
(g) "Land ": the land described in Schedule A, and affixed improvements that concludes that the lien, encumbrance, adverse claim or defect is valid, the
by law constitute real property. The term "Land" does not include any Company shall take one of the following actions: (i) institute the necessary
property beyond the lines of the area described in Schedule A, nor any proceedings to clear the lien, encumbrance, adverse claim or defect from the
right, title, interest, estate or easement in abutting streets, roads, avenues, Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon
alleys, lanes, ways or waterways, but this does not modify or limit the payment of appropriate premium and charges therefor, issue to the Insured
extent that a right of access to and from the Land is insured by this policy. Claimant or to a subsequent owner, mortgagee or holder of the estate or interest
(h) "Mortgage ": mortgage. decd of trust, trust deed, or other security in the Land insured by this policy, a policy of title insurance without
instrument, including one evidenced by electronic means authorized by exception for the lien, encumbrance, adverse claim or defect, said policy to be
law. in an amount equal to the current value of the Land or, if a loan policy, the
(i) "Public Records ": records established under state statutes at Date of amount of the loan; (iv) indemnify another title insurance company in
Policy for the purpose of imparting constructive notice of matter connection with its issuance of a policy(ies) of title insurance without
relating to real property to purchasers for value and without exception for the lien, encumbrance, adverse claim or defect; (v) secure a
Knowledge. With respect to Covered Risk 5(d), "Public Records" shall release or other document discharging the lien, encumbrance, adverse claim
also include environmental protection liens filed in the records of the or defect; or (vi) undertake a combination of(i) through (v) herein.
7239843 (2/10) Owner's Policy of Title Insurance T -1 (2/01/10)
In case of a claim under this policy, the Company shall have the following
4. PROOF OF LOSS. additional options:
In the event the Company is unable to determine the amount of loss or damage, (a) To Pay or Tender Payment of the Amount of Insurance.
the Company may at its option, require as a condition of payment that the To pay or tender payment of the Amount of Insurance under this policy
Insured Claimant furnish a signed proof of loss. The proof of loss must describe together with any costs, attomeys' fees and expenses incurred by the
the defect, lien, encumbrance or other matter insured against by this policy that insured Claimant that were authorized by the Company up to the time of
constitutes the basis of loss or damage and shall state, to the extent possible, the payment or tender of payment and that the Company is obligated to pay.
basis of calculating the amount of the loss or damage. Upon the exercise by the Company of this option, all liability and obligations of
5. DEFENSE AND PROSECU'i'ION OFACI'IONS. the Company to the insured under this policy, other than to snake the payment
(a) Upon written request by the Insured, and subject to the options contained required in this subsection, shall terminate, including any liability or
in Sections 3 and 7 of these Conditions, the Company, at its own cost and obligation to defend, prosecute, or continue any litigation.
without unreasonable delay, shall provide for the defense of an Insured in (b) '1'o Pay or Otherwise Settle With Parties Other than the Insured or With
litigation in which any third party asserts a claim covered by this policy the Insured Claimant.
adverse to the Insured. This obligation is limited to only those stated (i) to pay or otherwise settle with other parties for or in the name of
causes of action alleging matters insured against by this policy. The an Insured Claimant any claim insured against under this policy. In
Company shall have the right to select counsel of its choice (subject to addition, the Company will pay any costs, attorneys' fees and
the right of the insured to object for reasonable cause) to represent the expenses incurred by the Insured Claimant that were authorized by
insured as to those stated causes of action. It shall not be liable for and the Company up to the time of payment and that the Company is
will not pay the fees of any other counsel. The Company will not pay obligated to pay; or
any fees, costs or expenses incurred by the insured in the defense of (ii) to pay or otherwise settle with the insured Claimant the loss or
those causes of action that allege matters not insured against by this damage provided for under this policy, together with any costs,
policy. attorneys' fees and expenses incurred by the Insured Claimant that
(b) The Company shall have the right, in addition to the options contained were authorized by the Company up to the time of payment and that
in Sections 3 and 7, at its own cost, to institute and prosecute any the Company is obligated to pay.
action or proceeding or to do any other act that in its opinion may be Upon the exercise by the Company of either of the options provided for in
necessary or desirable to establish the Title, as insured, or to prevent subsections (b)(i) or (ii), the Company's obligations to the Insured under this
or reduce loss or damage to the insured. The Company may take any policy for the claimed loss or damage, other than the payments required to be
appropriate action under the terms of this policy, whether or not it shall made, shall terminate, including any liability or obligation to defend, prosecute
be liable to the Insured. The exercise of these rights shall not be an or continue any litigation.
admission of liability or waiver of any provision of this policy. If the 8. DETERMINATION AND EXTENT OF' LIABILITY.
Company exercises its rights under this subsection, it must do so This policy is a contract of indemnity against actual monetary loss or damage
diligently. sustained or incurred by the insured Claimant who has suffered loss or
Ic) Whenever the Company brings an action or asserts a defense as required damage by reason of matters insured against by this policy.
or permitted by this policy. the Company may pursue the litigation to a (a) The extent of liability of the Company for loss or damage under this
final determination by a court of competent jurisdiction and it expressly policy shall not exceed the lesser of:
reserves the right. in its sole discretion, to appeal from any adverse (i) the Amount of Insurance; or
judgment or order. (ii) the difference between the value of the Title as insured and the value
6. DUTY OF INSURED CLAIMANT TO COOPERATE. of the Title subject to the risk insured against by this policy.
(a) In all cases where this policy permits or requires the Company to prosecute (b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful
or provide for the defense of any action or proceeding and any appeals, in establishing the Title, as insured:
the insured shall secure to the Company the right to so prosecute or (i) the Amount of Insurance shall be increased by 10 %, and
provide defense in the action or proceeding, including the right to use, at (ii) the Insured Claitnant shall have the right to have the loss or
its option. the name of the Insured for this purpose. Whenever requested damage determined either as of the date the claim was made by the
by the Company, the Insured, at the Company's expense, shall give the Insured Claimant or as of the date it is settled and paid.
Company all reasonable aid (i) in securing evidence, obtaining witnesses, (c) In addition to the extent of liability under (a) and (b), the Company will
prosecuting or defending the action or proceeding, or effecting also pay those costs, attorneys' fees and expenses incurred in
settlement, and (ii) in any other lawful act that in the opinion of the accordance with Sections 5 and 7 of these Conditions.
Company may be necessary or desirable to establish the Title or any other 9. LIMI'T'ATION OF LIABILITY.
matter as insured. If the Company is prejudiced by the failure of the (a) If the Company establishes the Title, or removes the alleged defect, lien
Insured to furnish the required cooperation, the Company's obligations or encumbrance, or cures the lack of a right of access to or from the Land.
to the Insured under the policy shall terminate, including any liability or all as insured, or takes action in accordance with Section 3 or 7, in a
obligation to defend, prosecute, or continue any litigation, with regard to reasonably diligent manner by any method, including litigation and the
the matter or matters requiring such cooperation. completion of any appeals, it shall have fully performed its obligations
(b) The Company may reasonably require the Insured Claimant to submit to with respect to that matter and shall not be liable for any loss or damage
examination under oath by any authorized representative of the caused to the Insured.
Company and to produce for examination, inspection and copying, at such (h) In the event of any litigation, including litigation by the Company or with
reasonable times and places as may be designated by the authorized the Company's consent, the Company shall have no liability for loss or
representative of the Company, all records, in whatever medium damage until there has been a final determination by a court of competent
maintained. including books, ledgers, checks, memoranda, jurisdiction, and disposition of all appeals, adverse to the Title, as
correspondence, reports, emails, disks, tapes, and videos whether insured.
bearing a date before or after Date of Policy, that reasonably pertain to (c) The Company shall not be liable for loss or damage to the Insured for
the loss or damage. Further, if requested by any authorized representative liability voluntarily assumed by the Insured in settling any claim or suit
of the Company, the Insured Claimant shall grant its permission, in without the prior written consent of the Company.
writing, for any authorized representative of the Company to examine, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
inspect and copy all of these records in the custody or control of a third LIABILITY
party that reasonably pertain to the loss or damage. All information All payments under this policy, except payments made for costs, attorneys'
designated as confidential by the Insured Claimant provided to the fees and expenses, shall reduce the Amount of insurance by the amount of the
Company pursuant to this Section shall not be disclosed to others payment.
unless, in the reasonable judgment of the Company, it is necessary in the 11. LIABILITY NONCUMULATIVE.
administration of the claim. Failure of the Insured Claimant to submit The Amount of Insurance shall be reduced by any amount the Company pays
for examination under oath, produce any reasonably requested under any policy insuring a Mortgage to which exception is taken in
information or grant permission to secure reasonably necessary Schedule B or to which the Insured has agreed, assumed, or taken subject or
information from third parties as required in this subsection, unless which is executed by an Insured after Date of Policy and which is a charge or
prohibited by law or governmental regulation, shall terminate any lien on the Title, and the amount so paid shall be deemed a payment to the
liability of the Company under this policy as to that claim. Insured under this policy.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; 12. PAYMENT OF LOSS.
TERMINATION OF LIABILITY. When liability and the extent of loss or damage have been definitely fixed in
7239843 (2/10) Owner's Policy of Title Insurance T -1 (2/01/10)
-
accordance with these Conditions, the payment shall be made within 30 days. authenticated by an authorized person, or expressly incorporated by
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT, ScheduleA of this policy.
(a) Whenever the Company shall have settled and paid a claim under this policy. (d) Each endorsement to this policy issued at any time is made a part of
it shall be subrogated and entitled to the rights of the Insured Claimant in this policy and is subject to all of its terms and provisions. Except as the
the Title and all other rights and remedies in respect to the claim that the endorsement expressly states, it does not (i) modify any of the terms and
Insured Claimant has against any person or property, to the extern of the provisions of the policy, (u) modify any prior endorsement, (iii) extend the
amount of any loss, costs, attorneys' fees and expenses paid by the Company. Date of Policy or (iv) increase the Amount of Insurance. Each
If requested by the Company, the Insured Claimant shall execute Commitment, endorsement or other form, or provision in the Schedules
documents to evidence the transfer to the Company of these rights and to this policy that refers to a term defined in Section 1 of the Conditions
remedies. The Insured Claimant shall permit the Company to sue, shall be deemed to refer to the term regardless of whether the term is
compromise or settle in the name of the Insured Claimant and to use the capitalized in the Commitment, endorsement or other form, or
name of the Insured Claimant in any transaction or litigation involving these Schedule.
rights and remedies. If a payment on account of a claim does not fully cover Each Commitment, endorsement or other form, or provision in the Schedules
the loss of the Insured Claimant, the Company shall defer the exercise of that refers to the Conditions and Stipulations shall be deemed to refer to the
its right to recover until after the Insured Claimant shall have recovered its Conditions of this policy.
loss. 16. SEVERABILITY.
(b) The Company's right of subrogation includes the rights of the Insured to In the event any provision of this policy, in whole or in part, is held invalid
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments that or unenforceable under applicable law, the policy shall be deemed not to include
address subrogation rights. that provision or such part held to be invalid and all other provisions shall remain
in full force and effect.
14. ARBITRATION.
17. CHOICE OF LAW; FORUM.
Either the Company or the Insured may demand that the claim or controversy
shall be submitted to arbitration pursuant to the Title Insurance Arbitration (a) Choice of Law. The Insured acknowledges the Company has
Rules of the Arnerican Land Title Association ( "Rules "). Except as provided in underwritten the risks covered by this policy and determined the premium
charged there
the Rules, there shall be no joinder or consolidation with claims or for in reliance upon the law affecting interests in real
controversies of other persons. Arbitrable matters may include, but are not property and applicable to the interpretation, rights, remedies or
limited to, any controversy or claim between the Company and the Insured enforcement of policies of title insurance of the jurisdiction where the
arising out of or relating to this policy, any service 10 connection with its Land is located. Therefore, the court or an arbitrator shall apply the law
issuance or the breach of a policy provision, or to any other controversy or claim of the jurisdiction where the Land is located to determine the validity of
arising out of the transaction giving rise to this policy. All arbitrable matters claims against the Title that are adverse to the Insured, and in interpreting
when the Amount of Insurance is 52,000,000 or less shall be arbitrated at the and enforcing the terms of this policy. In neither case shall the court or
option of either the Company or the Insured, unless the Insured is an individual arbitrator apply its conflicts of laws principles to determine the applicable
person (as distinguished from an Entity). All arbitrable matters when the law.
Amount of Insurance is in excess of 52,000,000 shall be arbitrated only when (b) Choice of Forum: Any litigation or other proceeding brought by the
agreed to by both the Company and the Insured. Arbitration pursuant to this Insured against the Company must be filed only in a state or federal court
policy and under the Rules shall be binding upon the parties. Judgment upon w ithin the United States of America or its territories having appropriate
the award rendered by theArbitrator(s) may be entered in any court of competent jurisdiction.
jurisdiction. 18. NOTICES, WHERE SENT.
15. LIABILITY 11 \ LIN1I'1'F.DTO THIS POLICY; POLICY ENTIRE CONTRACT. Any notice of claim and any other notice or statement in writing required to
This policy together with all endorsements, if an attached to it by the be given the Company under this Policy must be given to the Company at
O
Company is tlg c hire policy and contract between the Insured and the National Claims Administration, P.O. Box 45023, Jacksonville. Honda 32232 -
Company. In interpreting any provision of this policy, this policy' shall be .5023.
p' p gt }P P Y P Y
construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by
any action asserting such claim, shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and
7239843 (2/10) Owner's Policy of Title Insurance T -1 (2/01/10)
t
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una queja:
Usted puede llamar al numero de telefono gratis Compania de
You may call Chicago Title Insurance Company's toll -free Seguros de Titulo de Chicago Title para informacion o para
telephone number for information or to make a complaint at: someter una queja al:
1- 800 - 442 -7067 1- 800 - 442 -7067
You may also write to Chicago Title Insurance Company at: Usted tambien puede escribir a Compania Seguros de Titulo de
Chicago Title
8750 N. Central Expwy., Suite 950
Dallas, Texas 75231 8750 N. Central Expwy., Suite 950
Dallas, Texas 75231
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at: Puede comunicarse con el Departamento de Seguros de Texas
para obtener informacion acerca de companias, coberturas,
1- 800 - 252 -3439 derechos o quejas al:
You may write the Texas Department of Insurance: 1- 800 - 252 -3439
P.O. Box 149104
Austin, TX 78714 -9104 Puede escribir al Departamento de Seguros de Texas:
Fax: (512) 475 -1771 P.O. Box 149104
Web: http://ev wti , v.tdi.state.tx.us Austin, TX 78714 -9104
E- mail: ConsurnerProtection it tdi.state.tx.us Fax: (512) 475 -1771
Web: http: / /w ww.tdi.state.tx.us
E- mail: ConsumcrProtcction !iitdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Should you have a dispute concerning your premium or about a
claim you should contact the company first. If the dispute is not Si tiene una disputa concerniente a su prima o a un reclamo, debe
resolved, you may contact the Texas Department of Insurance. comunicarse con el la compania) primero. Si no se resueive la
disputa, puede entonces comunicarse con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY:
UNA ESTE AVISO A SU POLIZA:
This notice is for information only and does not become a part or
condition of the attached document. Este aviso es solo para proposito de informacion y no se convierte
en parte o condition del documento adjunto.
7239843 (2/10) Owner's Policy of Title Insurance T -1 (2/01/10)
b
Electronically Recorded Tarrant County Texas
Official Public Records 5/31/2013 4:37 PM D213138793
`i} _ PGS 7 $40.00
©1�� �7Gcti c..c�
M a 41FkliaiWi OF DISCLAIMERIAINV:W MPI f;'''i r 'hits' Cnll'"
By these presents, Masco Service Corporation does hereby disclaim and waive any
right, title, or interest in: (i) the property described on Exhibits A, B, and C, whether by
lease or otherwise, and any right to recover any payment, compensation, fees, or expenses
from the City of Southlake Texas, in connection with the transfer to the City of Southlake,
Texas title and /or easements over such property in connection with the settlement of a
pending condemnation matter.
MASCO SERVICES CORPORATION
fr
By: Brian Jeff a s-y
Its: President
1200 Kimball Avenue
Southlake, Texas 76092
STATE OF TEXAS )
COUNTY OF TARRANT )
Before me, the undersigned authority, on this day personally appeared Brian Jeff Massey, who,
having been first duly sworn, on oath stated that he is the President of Masco Services Corporation,
that he is authorized to execute the he has executed uted sucl Affidavit with full authority to - �lactf of Affidavit of Disclaimer and Waiver on
Masco Services Corporation, and tha t h
SIGNED AND SEALED this > b day of May, 20
0
Seal and Exit
(Seal Y pc� . ,, t . 9MAYTQNotary WNBEND -J
Pub�iC
I' rl` * STATE OF TaAS No tary Public in an�m for the State of 1 exas
I, a My , Exp,De& 1 8, 2016
DISCLAIMER AND WAIVER -- Page 1 33216.3
AFFIDAVIT OF DISCLAIMER AND WAIVER IZattikin Title Company
By these presents, Masco Service Corporation does hereby disclaim and waive any
right, title, or interest in: (i) the property described on Exhibits A, B, and C, whether by
lease or otherwise, and any right to recover any payment, compensation, fees, or expenses
from the City of Southlake Texas, in connection with the transfer to the City of Southlake,
Texas title and /or easements over such property in connection with the settlement of a
pending condemnation matter.
MASCO SERVICES CORPORATION
By: Brian Jeff a s
Its: President
1200 Kimball Avenue
Southlake, Texas 76092
STATE OF TEXAS )
COUNTY OF TARRANT )
Before me, the undersigned authority, on this day personally appeared Brian Jeff Massey, who,
having been first duly sworn, on oath stated that he is the President of Masco Services Corporation,
that he is authorized to execute the foregoing Affidavit of Disclaimer and Waiver on . -half of
Masco Services Corporation, and that he has executed such Affidavit with full authority to • act.
SIGNED AND SEALED this 3 day of May, 20
(Seal and Expir..- . .
r POs SMAY TOWNSEND I
i Notary Pubic --
* Comm Notary Public in an for the State of exas
14 et My Comm. Exp, Dec. 18,2016
This document has ' - = electronically recur - s by
Rattikin Title Company
Daterded 5-31--)3
Document Nobel)?
DISCLAIMER AND WAIVER -- Page 1
33216.3
• •
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
FORTH KIMBALL AVENUE
PARCEL 15
BEING 0.316 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas, and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County. Texas. Said 0.816 acre of
land being more particularly described by metes and bounds as follows.
BEGINNING at a "PK" nail found at the Southeast corner of said Massey Tract,
and lying at the intersection of the centerline of North Kimball Avenue. with
the centerline of E. Highland Street;
THENCE N 89' 39' 25" W 331.64 feet, along the South boundary Tine of
said Massey Tract, and along the centerline of E. Highland Street:
THENCE N 00° 35' 06" W 34.98 feet, along the West boundary line of
said Massey Tract, to a V2" iron rod marked "Brittain & Crawford' set. in
the new North right -of -way line of said E. Highland Street;
THENCE S 89° 38' 59" E 269,97 feat, along the new North right -of -way
line of said E. Highland Street, to a 'Wx` iron rod marked 'Brittain &
Crawford' set in the new West right -of -way line of said North Kimball
Street;
THENCE along the new West right -of -way line of said North Kimball Street,
as foltowst.
1. N 45' 00' 00" E 19.71 feet, to a W iron rod marked - Britain &
Crawford" set:
2. N 00' 49' 31 "W 478.08 feet, to a W iron rod marked "Britain &
Crawford" set in the North boundary line of said Massey Tract, lying in
the South boundary line of a tract of land conveyed to Richard Holliday
and wife, Mary Ann Holliday, by the deed recorded in Volume 14325,
Page 524, by the Deed Records of Tarrant County. Texas;
THENCE S 89' 45 37" E 49.42 feet, along the North boundary line of
said Massey Tract, and the South boundary line of said Holliday Tract. to
a - PK" nail found at the Northeast corner of said Massey Tract, lying in the
centerline of said North Kimball Avenue:
THENCE S 00° 36' 17" E 527.10 feet, along the East boundary line of
said Massey Tract, and the centerline of said North Kimball Avenue, to the
POINT OF BEGINNING, containing 0.816 acre (35,543 square feet) ci
land.
EXHIBIT
ICG` J' lrautili .r•ian- k:,{ak;n:rv+t,`.
•
AREA TABLE 4 RICHARD HOLUDAY AND WIFE, z'
0.816 ACRE TOTAL 1 MARY ANN HOLLIDAY
(35•545 FT•) 1 VOL. 14325, PG. 524, D.R.T.C.T.
PR 1 S 89°45'37"E = 1
RIGHT —OF —WAY 49.42' I "PK" NAIL FOUND
0.338 ACRE NET ��" — —
(14,700 SO.FT.) — — — — TUMBLEWEED
i a� 1 /r• IRS ' .25.0' TRAIL
1 2C7J, PERMANENT I ^-•
6 RIGHT -OF -WAY UNE
I F 03 oLel f'J
0 Id
I JEFF MASSEY g r ,,,.
VOL 16881, PG. 198 1 �1
D.R.T.C.T. '
LOT 3. THE HILL ADDITION ;
VOL. 386 -159, PG. 96 u
P.R.T.C.T. .:` E .'11...I
i Lea° tD CRIPPLE CREEK
0., <1- IM ,. ! LANE
0 0 r _ —
o w o 1 h
I
P
1 h ,-
Z ` VI c.
FAMANE NI 1
c G�
RIGHT-OF-WAY NE 45000�0Q " E 1 ,.c�4
N 00 °35'06 "W I` 19.71' 1
•
34.98' I S 89°38'59"E 1 /r51PS •
269.97' - «25
POINT OF
SURE UNE E _ 4 t C 1ERUN ROAD
-1-72.--ms-1 BEGINNING
"PK" NAIL FOUND
_ �_89 °39'25 ' -3J �1--.S4'= 1 IN C- ITERUNE
"PK" NAIL IN I iNTEPSECTION
CE II'ERUNE OF ROAD ? 1
PRLSCRIPTIVE „Ow 1
RID -R -OF -KAY UNE �J ,ra'
��
4* t7 1
SURF_YFD ON Tr1E GROUND
0CT09ER 7. 2006 �% — S 1
. {e OF I T r - I y
. yPiS * io : a v
) / * .iTZD .. 9RfI7_AMt )
A1.1._ L BRI1TAIN '- .? si 9t p ,
O £t PROPERTY CORNER NOTE
REGISTERED PR rt02�P1 SURV�'
LAND SURVEYOR ALL PROPERTY CD NE S SET ARE 1/2" IRON RODS
• STATE OF TENS NO. 1674 (1/2 "IRS) WRH CAP NARKED "8RIUAIN & CRAWFORD
is CITY OF SOUTH LAKE
1400 MAIN STREET, SOUTHLIKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "B" E"
13RrrrAiN k CRA'iTFORD PERMANENT RIGHT —OE —WAY 4 _2
we $ Vhf "c & 0.816 ACRE OF LAND i
4-h a r ocaAr+n u
r ,Pwra J
LOCATED IN THE I �(
6111 ay.,. -tic lu tt,t1 {[py 112
«2�1a1 »s2c.sa FRANCIS THROOP SURVEY "=� W
P.0. OR 11V.1 • Los itLl" iY.[Rl
'OM ou[114 7 ABSTRACT N o . 1511 41 ni lQ
� �� SOUTHLAKE:, TARRANT COUNTY.
, .avtant :.yowl,\ TEXAS ' SCALE 1 "= 100' .sa144w
EXHIBIT 'A"
LEGAL DESCRIPTION
PERMANENT UTILITY. DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVEt3UE
PARCEL 15
BEING 0.111 acre cf Land located in the FRANCIS THRCOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County. Texas, and being a portion of
a tract of and conveyed to Jeff Massey, by the deed redorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.111 acre of
land being more particularty described by metes and bounds as follows:
BEGINNING at a W iron rod marked "Brivain & Crawford' set in the North
boundary tine of said Massey Tract. and lyng N 89° 45' 3T W 49.42 feet
from a "PK" nail found marking the Northeast corner of said Massey Tract.
Said Point of Beginning also lying in the new West right-of-way line of
North Kimball Avenue;
THENCE S 00` 49' 3r E 478.08 feet. along the new West right -of -way
line of said North Kimball Avenue, to a 'h° iron rod marked "Brittatn
Crawford', set;
THENCE S 45 00' 00 W 13.94 feet, to a point;
THENCE N 00° 49' 31' W 457.98 feet, to a point in the North boundary
tine of said Massey Tray.:
THENCE S 89° 45'' 3r E 10.00 feet, along the North boundary line of
said Massey .Tract, to the POINT OF BEGINNING. containing 0.111 acre
(4,830 square feet) of Land. •
6 :C".1 , .k_„:z rr.,rys=e.,cos. EXHIBIT
RICHARD HOLUDAY MD Wt.
1 MARY ANN l V.1,(DAY zI
VOL 14325, PG. 524, O_R ^.C.T.
1 'NORTAV`ST COWER
t POW OF BEOINN •ASS_Y TRACT
1/r iR T ROD SET w "PT(" N.10.. FODND
cr
/ i TUMBLEWEED
S 89 °45'37 "E �. TRAIL 0 46" i 10.00' N 4Y37 (--
QF , 6a. t2'
! PERMANENT UTILTY, DRAINAGE ! PRr*63CD NEW
AND WALL EASEMENT fti:tTTOF -WAY {
0.111 ACRE / 4,830 SD.F7. LINE ) i JEFF MASSEY 1 O
lio
VOL. 16851, PG. 198 ; m N. ! to
D.R.T.C.T. I
SOT 3, THE HILL ADDITION a CI
33
VOL 9 - 159, PG. 96 Ti.! <
P.R.T.C.T. t - Cr
1 Q CRIPPLE CREEK
- o j LANE
A. Z vy 1
1
ss 1
Mill-OF-WAY 1,
5 45 °00'00 - W i I
1f2„,1 \ 13 9 4 ' t i
i
S'+?.!Y Lye-. - , - _ C:NTER"u ROAD 1
— — - - t t "PK" S FL`tH.ID
S L"JTHFASf CORNER
" ?iC' NAIL ` FJt14p iN 4 1 Or LfASS_Y. TRACT
CENTERL iNr or Rom 1 y
! ! Y y 'o.
I .u. 1 -4-4,.)-(4'
c I a 1 y .
P i
, ` L I i s
r�
? PROP•1T CORNNM NN"TE
SCAt 1" - 100 ALL ' - ROPERTY CCRtTRS 5> i WE t/2" 17 RODS
(1/2" RS) S41r'M C4' 14:Rx0'TiP,F77iSN & CRAKFgRD"
CITY OF SOUTHLAKE
(k J 1 400 MAIN STREET, S0UTHLAKE TEXAS, 76092
NORTH KIMBALL AVENUE, Ski 114 TO EAST HIGHLAND STREET
EXHIBIT "E"
rr "T &C ; oaD PERMANENT � M
UTILITY, QNAGE m
Et
..
AND WALL EASEMENT , -.f
;&.!
�� 0.111 ACRE OF LAND e a, ., ° "O. X . „� ... to n .s,..m.� LOCATED IN THE
..e ... .n7+ . WKS Bart. rreur c k s 674 s f
"
eo von,. 'Ms Nom FRANCIS i ctROOP SURVEY .t
`� "" " A25TRACT /do. 1511 c S
•,KUS �s,.,9\ SOUtF?? 4 f, TARRANT COUNTY, TEXAS JULY o. 2010 v
•
EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT WALL EASEMENT
NORTH KIMBALL AVENUE
PARCEL 15
BEING 0.028 acre of land located in the FRANCIS THROOP SURVEY,
ABSTRACT No. 1511, Southlake, Tarrant County, Texas. and being a portion of
a tract of land conveyed to Jeff Massey, by the deed recorded in Volume 16881,
Page 198, of the Deed Records of Tarrant County, Texas. Said 0.028 acre of
and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the new West right -of -way line of North Kimball
Avenue, and lying N 89° 45' 37" W 49.42 feet, and S 00 °49'31 "E 92.80
feet, from a "PK" nail found marking the Northeast comer of said Massey
Tract. Said Point of Beginning also lying in the new West right -of -way line
of North Kimball Avenue;
THENCE S 00° 49' 31" E 300.00 feet, along the new West right -of -way
line of said North Kimball Avenue, to a point;
THENCE S 89° 10' 29" W 3.00 feet, to a point;
THENCE N 00° 49' 31" W 275.00 feet, along a line 3 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point;
THENCE S 89° 10' 29" W 7.00 feet, to a point;
THENCE N 00° 49' 31" W 25.00 feet, along a line 10 feet West of and
parallel to the new West right -of -way line of said North Kimball Avenue, to
a point;
THENCE N 89° 10' 29" E 10.00 feet, to the POINT OF BEGINNING,
containing 0.028 acre (1,075 square feet) of land.
EXHIBIT
g:201 OVeg a ls\kimba ll-ieg als',ESW 158
COP
RICHARD HOLUDAY AND WIFE,
MARY ANN HOLLIDAY 11
VOL. 14325, PG. 524, D.R.T.C.T.
1 b 1 1
1 NORTHWEST CORNER
N MASSEY TRACT
r \� 1/2" IRON ROD SET "PK" NAIL FOUND
o IS ' TUMBLEWEED
4 — — — — — .w TRAIL
c' rn� N 69 °45'37 "W
I N 89 °10'29 "E 10.00 ° 0 49.42'
° o ° ' I I
I N 00°49'31"W 25.00' > POINT IOF BEGINNING
P
S 89 °10'29"W 7.00'1 ,
J EFF MASSEY PROPOSED NEW
I RIGHT -0F -WAY
1 VOL. 16881, PG. 198 1 UI1 E
D.R.T.C.T. I
LOT 3, THE HILL ADDITION
VOL. 388 -159. PG. 96 ' b j
P.R.T.C.T. 0.
PERMANENT WALL 3 I o m
1 0.025 ACRE / 1075 SQ.FT. i� o 1 2 1 — —
�\ 1 z w I Y4 CRIPPLLAENEREEK
h
p O N M 1.- et
—
�pp ,. 0 CZ I
Y z I O I Z
NEW ) (n 1
RIGHT -OF -WAY iNE
5 89 °10'29 "W
3.00'
I
" IRS I I I
1 /2
— — -- —_ --.— - -- - 1 /2 IRS
SURVEY LINE _ _ CENTERLINE ROAD _ _
- - - - - - - ' "PK" NAIL FOUND
SOUTHEAST CORNER
"PK" NAIL FOUND IN 1 OF MASSEY TRACT
CENTERLINE OF ROAD ,y
I
z I : G
m 15 <'- P0 5P
J I =
cn
—` 4 `� G �
t PROPERTY CORNER NOTE
SCALE 1 "= 100' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2" IRS) WITH CAP MARKED "ERITTAIN & CRAWFORD"
• CITY OF SOUTHLAKE
�� 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
r-
EXHIBIT "B" - > • 1- & CRAWFORD . �.� F } , , m_
I_ BRn-r&irq
PERMANENT WALL EASEMENT TOPOGRAP MAPPIN � .
ti ,
0.025 ACRE OF LAND 1 AY ft
E5 1. BWAIN X
(817) BY N (817) 926 -93(7 �4d 112 LOCATED IN THE � s '° s19 ,V )) ' / W
°.o, bar 11574
10 .29°6 3751 FREErR1' F RANCIS THROOP SURVEY '�' O SURN J
FIAT 110 1Ews 76I I9 . _
ELL,L admi"Ob,Man- w.(ad'mm ABSTRACT No. 1511
SOUTHLAKE, TARRANT COUNTY, TEXAS REVISED MA Y 1 2 1 0, 20 10, 20 13
EVISED
R MAY sawaa
\KIMBALL\_ES -15\
R ' II N v TULE
June 3, 2013
A ialederal Express via Federal Express
r. Robert Price Mr. Jeff Massey
City of Southlake 619 Woods
1400 Main Street Argyle, TX 76226
Southlake, TX 76092
Re: GF# DT -09- 04451 -SLT
Seller: Jeff Massey
Purchaser: City of Southlake
Property: 1200 N. Kimball Avenue, Southlake, Tarrant County, Texas
Gentlemen:
In regards to the above referenced transaction, enclosed herewith please find your closing
documents for your records.
Please feel free to contact Shay Townsend at stownsend@rattikintitle.com, or his assistant, Ann
Eustace at aeustace @rattikintitle.com, if you have any questions or require anything further at
this time. Thank you.
Sincerely,
Tammy Hoover for
Ann Eustace
Rattikin Title Company
201 Main Street, Suite 800
Fort Worth, Texas 76102
817 - 334 -1321
Enc.
cc: via Federal Express
Matt Molash, Shupe Ventura Lindelow & Olson
Tim Sralla, Taylor Olson Adkins Sralla & Elam
Downtown Office • 201 Main Street, Suite 800 • Fort worth. Texas 76102 -3105 • Phone 817.332.1171 • Fax 817.877.4237
WWW,Rattikiniitle.com
GF #: 09 -04451 RAT IKI I.F.
, tr •.,nn.. As., „,r,.r,, Iii:/ Au r....I
PURCHASER'S STATEMENT I
Purchaser: City of Southlake, a municipal corporation
Seller: Brian Jeffrey Massey a/k/a Jeff Massey , , , ( - z 1; ', T n
Settlement Agent Rattikin Title Company
(817)332 -1171 (,»i Y OF IN: `_ OI utaiha - L h it )+
Place of Settlement: 201 Main Street, Suite 800 R A t Ti {;N TITLE C C. „', „i
Fort Worth, TX 76102 -3105 ��
-
Settlement Date: May 29, 2013 , _ '
Property Location: 1200 N Kimball Ave ` i
Southlake, TX 76092
Tarrant County, Texas
0.816, 0.111, and 0.028 acres
out of Francis Troop Survey
A 1511 Tr 2A03
DEBITS
Purchase Price 476,000.00
Escrow Fee Rattikin Title Company 700.00
Courier Fee /Overnight Fee Rattikin Title Company 25.00
Copies/Restrictions Rattikin Title Company 48.71
Tax Report Tarrant County Real Properly Tax Service 92.74
Title Insurance Rattikin Title Company 3,008.00
Policy Guaranty Fee Rattikin Title Company 2.00
Recording Fees Rattikin Title Company 536.00
E- Recording Fee Rattikin Title Company 21.00
Gross Amount Due From Purchaser TOTAL DEBITS 480,433.45
CREDITS
Deposit or Earnest money
Condemnation Funds Delivered thru 326,000.00
Less Total Credits to Purchaser TOTAL CREDITS 326,000.00
BALANCE
From Purchaser 154,433.45
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 potations and reserves were based on figures for the preceding year or supplied by others or estimates
for 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 Rattikin Title Company to make expenditures and disbursements as shown and approves same for payment e
undersigned also acknowledges receipt of loan funds in the amount shown above and receipt of a copy of this Statement.
Note:
APPROVED:
City , lake. ; ,y) nicit ration
BY: W-,/ all 1 e
I '
The Honorabl= ? n Terre Mayor
Rattikin Title Co pany
(09- 04451.PFD/09- 04451/41)
L,rff Uy -U445 1 RATT IK,, . LE
AFFILIATED ENTITIES DISCLOSURE STATEMENT
To: City of Southlake, a municipal corporation
Brian Jeffrey Massey a /k/a Jeff Massey
Re: 1200 N Kimball Ave
Southlake, Texas 76092
Date: May 28, 2013
NOTICE
Rattikin Title Company is providing you with certain closing and title insurance services in connection with the
above referenced transaction. Federal law requires that providers of real estate settlement services give the
parties written disclosure of its relationship with other affiliated entities which may provide other services in the
same transaction. This disclosure statement shall give you notice that some or all of the owners of RATTIKIN
TITLE COMPANY hold a beneficial ownership interest in the following entities, which may provide other services
on your behalf in connection with your transaction.
Company Type of Service Provided
AmeriPoint Exchange Services Tax deferred exchange services
AmeriPoint Title Group, L.L.P. Title Insurance Agent
Jack Rattikin Jr., P.C. Legal documentation
Jeffrey A. Rattikin, P.C. Legal documentation
Mortgage Solutions, Inc. Mortgage loan servicing
Rattikin & Rattikin, L.L.P. Legal documentation
Rattikin Exchange Services, Inc. Tax deferred exchange services
Real Estate Information Services Real estate records searches
Tarrant County Real Property Tax Service, Inc. Tax searches
Title Solutions, L.P. Real estate related services
You are NOT required to use any of the above named providers of services as a condition to the closing of your
transaction or the issuance of a title insurance policy. You are advised that there may be other providers
available which offer similar services, and you are free to retain another firm to provide such services to you.
By executing the acknowledgement below, you agree to utilize any services provided by the above referenced
firms in connection with your transaction.
If you have any questions regarding the nature of the relationship between any of the above referenced firms,
please feel free to contact your Rattikin Title Company escrow officer.
(09- 04451.PFD/09 -04451 /35)
GF# 09 -04451
AFFILIATED ENTITIES DISCLOSURE STATEMENT
(Continued)
Acknowledgement
I/We have read this Disclosure Statement, and understand that I /we may purchase settlement services from
some or all of the above referenced firms. I/We hereby agree to utilize the services of any of the above
referenced firms in connection with the closing of the above referenced transaction, and pay for the services
actually rendered.
BORROWER SELLER
City • - • • hlake„„munici•al corporation
Brian Jeffrey Massey a /k /a Jeff Massey
BY:��
The Honorable John -rrell, Mayor
(09 -04451.PFD/09- 04451!35)
GF# 09 -04451
AFFILIATED ENTITIES DISCLOSURE STATEMENT
(Continued)
Acknowledgement
I/We have read this Disclosure Statement, and understand that I /we may purchase settlement services from
some or all of the above referenced firms. I/We hereby agree to utilize the services of any of the above
referenced firms in connection with the closing of the above referenced transaction, and pay for the services
actually rendered.
BORROWER SELLS
City of Southlake, a municipal corporation /!-/.�n� '
Brian Jeffrey M a/k /a Je ssey
BY:
The Honorable John Terrell, Mayor
(09- 04451.PFD/09- 04451 /35)
