Francis Throop Survey, Abstract No. 1511 - Non-Exclusive Retaining Wall Easement Agreement in Settlement for Condemnation Electronically Recorded Tarrant County Texas
Official Public Records 5/31/2013 4:37 PM D213138791
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NQN_ f> �`TAINING WALL S IE EMENT
Mary L9OSl TTFIJEMENT OF CO I � l�A tattikin T'ilie Company
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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 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 coinmunicat
d
conduits, and gas, water and sewer pipe lines (collectively the "Allowable Improvements"), p
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 age, withheld. . Grantor steal not
use the Permanent Retaining Wall Easement Property fo r landscaping, than
grass cover on all parts of the Permanent Retaining r w approval, which approval will not are located above - ground facilities, without
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 Property. No later than the
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•
NON - EXCLUSIVE RETAINING WALL EASEMENT AGREEMENT
IN SETTLEMENT OF CONDEMNATION ltattikin Title Company
GF #� C-92.cNrlS1-SL
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
Effective as of May1, 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 Property. No later than the
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This document has teen electronically recorded by 33215.4
Rattikin Title Company
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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 ofthis 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
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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
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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 ofthe 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 ofthe 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
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construction, maintenance, repair, removal, replacement, reconstruction or other work on or in the
Permanent Retaining Wall Easement Property, Grantee shall promptly restore that part ofthe 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 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
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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
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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 11, 2013.
GRANTOR: GRANTEE:
BRIAN JEFFREY MASSEY CITY OF SOUTHLAKE, TEXAS
1?71�..f.lv�\ t1 �I 04 By' 11Ir
Brian Jeffrey ■ � y The Honorable Jo Tert
1200 North Kimball Avenue 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
Attest:
Alisha Richardson, C S�etretary k i
e
REMAINDER OF PAGE INTENTIONALLY BLANK ' • °••....••°
,,,8 s / *'* * ``,�,•∎``�
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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 P Ivo" L• I4'1 ( [description ofidentity card or er document])
to be the person whose name is subscribed to the foregoing instrument and ackno ed ed to me that
he executed the same for the purposes and consideration therein expressed.
b. 1 1 ER MY HAND AND SEAL OF • CE, this the jO ay • f May, 2013.
4• v " SHAY TOWNSEND I
Notary Public
■ STATE OF TEXAS Notary ' ublic in . • for
My Comm. Exp. Dec. 18, 2016
The State of Tex.
•
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 3 \x dayofMay, 2013.
-ur LAUREN J. PHILUPS f_
�A.. NOTARY PUBLIC
j� STATE OF TEXAS Notary Public in and for
d4 4. OF1* 4' MY COMM. EXP. 11/10/2014 The State of Texas
My Commission Expires: L hog. • 1 2.•k ti .L.K.,
Typed or Printed Name of Notary
It • O. 2.0114
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Exhibit "A"
Survey of Permanent Retaining Wall Easement Property
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1 w RICHARD HOWDAY AND WIFE.
MARY ANN HOWDAY
VOL 14325, PG. 524, D.R.T.C.T. = t
I iI '
I = NORTHWEST CORNER
N MASSEY TRACT
"PK" NAIL FOUND
1/2" IRON ROD St — —
�
oQ e TUMBLEWEED •
� - - - - - TRAIL
� , �.
o ei
N 89°45'3
49.42'
I N 89 °10 "E 10.00 o I
I N 00 °49'31 "W 25.00' ,�a POINT 1 BEGINNING
1 S 89 °10'29 "W 7 - "
PROPOSED NEW
1
JEFF MASSEY RIGHT-OF-WAY
1 VOL. 16881, PG. 198 j 1
D.R.T.C.T. I I
LOT 3,111E HILL ADDITION
VOL. 368 -159, PG. 96 ' b
P.R.T.C.T. PERMANENT WALL 3 I o m _
0
10.025 ACRE / 1075 SQ.FT. t7):?) w 1 Y CRIPPLE CREEK
N ° I 30 --
m t-�
., z 10 O 1
1 I0 IZ
NEW ;U) 1
RIGHT -OF -WAY UNE
S 89 °10'29 "W
3.00' i
— 1/2" IRS 1 1/�„ IRS I
SURVEY UNE CENTERLINE ROAD `�
— - — — "'PK" NAIL FOUND
— — — —
— _ _ SOUTHEAST CORNER
"PK" NAIL FOUND IN j ( OF MASSEY TRACT
CENTERLINE OF ROAD I
1 J�� �ryh
I 1 `' 47
I 1 4." A,'' 11J 3 � �
I 1
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I
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P is PROPERTY CORNER NOTE
SCALE 1 "= 100' ALL PROPERTY CORNERS SET ARE 1/2" IRON RODS
(1/2" IRS) WITH CAP MARKED "BRITTAIN & CRAWFORD"
1 CITY OF SOUTHLAKE
' 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092
NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET
EXHIBIT .. T in
BRrrraN& CRAWFORD / f `f�of , m
LAND TOPOGRAPHIC "' PERMANENT WALL EASEMENT IJ ~`�`�! X IT
I � JANES L BRIITAIN;
0.025 ACRE OF LAND �, W
126-021 I FAX No. - ¢m926-9347 u, 511z LOCATED IN THE
P.O. D t �" 1
�y
,���
F � .
IS . a,E x. S SC ,° FRANCIS THROOP SURVEY . sua
FREEWAY O
OaT roµlM. es �., _ -'
Quin ,any,' rode- onwlon "" ABSTRACT No. 1511 tv4�
REVISED .sa
SOUTHLAKE, TARRANT COUNTY, TEXAS REVISED �� 2, MAY 10, , 2 20 13
\K NBALL1,_ :s -1 s\ 0
Exhibit "B"
Legal Description of Permanent Retaining Wall Easement Property
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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.
g:201 011eg als\kimball- Iegais1ESW 156
EXHIBIT
Exhibit "C"
Exceptions To Title From Title Commitment
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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 wilt 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.PFDr09- 04451 /30)
FORM T-7: Commitment for Title Insurance (Schedule RATT!KIN TITLE COMPANY, FORT WORTH, TEXAS
By
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.
c - -- --
of a a s a i a a a a a_ a s • s i I•_ - l 1
- - _ - - - - - - rtt`s Filc No D208247624, Dccd Records of Tarrant
- Memel.
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 (Schedule (09- 04451.PFD/09- 04451/30
F RAT IKIN TITLE COMPANY, FORT WORTH, TEXAS
EXHIBIT
a
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