Francis Throop Survey, Abstract No. 1511 - Non-Exclusive Utility and Drainage Easement Agreement in Settlement for Condemnation Electronically Recorded Tarrant County Texas
Official Public Records 5/31/2013 4:37 PMI`aitil tikt eY PGS 16 $76.00
NON -EX 'FI(LI' 'Y'AND DRAINA *� �E�1 ��'� INT t 4pREEMENT
Mary Lrisg rILEMENT OF CO 4 MNAf701�
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
Effective as of Maya �, 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,
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32474.8
Rattikin Title Company
GF# 11V- Oq -t4464 ;MX
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, 3 ), 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 terns 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,
'Ns document has been electronically recorded by
Rattikin Title Company 32474.8
Rafe horded S1
Document NumbeZ.13.13-0-12.
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 Propertyby
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
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Easement Agreement. Notwithstanding any ofthe 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.
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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,
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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')
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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
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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
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32474.8
EXECUTED to be effective as of May31, 2013.
GRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
By:
Brian Jeffrey n✓ : s -k The Honorable John Terr , Mayor
1200 North Kimball Avenue 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
Attest:
t tttt ttnnp,,, ,
UTHC,q „
614 ) • D J
Alisha Richardson, City 88etary 1 `"
REMAINDER OF PAGE INTENTIONALLY BLANK * * * t .• ,°
Jt
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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 De, i'Lr1 L,,,t. e [description ofidentity card or othe document])
to be the person whose name is subscribed to the foregoing instrument and acknowled 4 to me that
he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER ML HAND AND SEAL OF S U F ■ E, ' the 30 da . fMay, 2013.
SHAY TOWNSEND
e s Notary Pubic 411 _ 4
,. ..: * STATE OF TEXAS Notary Public in . d for
' my Comm. Exp. Dec. 18. 2016 The State of Tex.
My Commission Expires:
Typed or Printe. 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 3vsr dayofMay, 2013.
itsv'Lic LAUREN 3. PHIWPS _ . ..111_1111 '
* * • NOTARY PUBLIC
STATE OF TEXAS Notary Public in an. for
�''�cFt�+ MY COMM. EXP.11 /10/2014 The State of Texas
My Commission Expires: LAt)r.tA t, • •
iktt.t.tP)
Typed or Printed Name of Notary
It • t0 • %.:71'i
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32474.8
Exhibit "A"
Survey of Permanent Utility and Drainage Easement Property
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32474.8
III •
RICHARD HOLLIDAY AND wlrE. ■
MARY .ANN HOLLIDAY w1 t(
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S CITY OF SOUTHLAKE
1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT "8"
[1 BBrrFACN &CRA1FoRD PERMANENT UTILITY, DRAINAGE H
la WO t AND WALL EASEMENT ;, <-, .° f CO • ro am ' "
' 0.111 ACRE OF LAND ,....._ ,15. * 6' ' ` _
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.P. ,or,,,. nu., tom FRANCIS THROOP SURVEY ,7' W
OW. 0 """ "'"'" "^"'" ABSTRACT No. 1511 ,
HL SOUTAICE, TARRANT COUNTY. TEXAS
\q t es t5` JULY 6, 2010
.sawva
Exhibit "B"
Legal Description of Permanent Utility and Drainage Easement Property
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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, 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 0.111 acre of
land being more particularly described by metes and bounds as follows;
BEGINNING at a %" 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 lying 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 e 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
tine 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.
5 2cc74k_ais*i^,bai :Aegasdrges- 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, 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.
... : - - - -- _ . _ _ - .. . - - ` 7..
-; ... . - - e-- t _ - .. • - - - _ - - - . - - -
1 0. 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 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
B)
EXHIBIT
e.
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 Torrent County, Tcxras.
•Memo .
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. 0212219369, Deed Records of Tarrant County, Texas. •h. - _ • - - - - e . - • - _ ••0
FORM T -7: Commitment for Title Insurance (Schedule (09 U445i.PFDl 5
B) RATTiKilV TITLE COMPANY, FORT WORTH, TEXAS
KAS
EXHIBIT
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