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Francis Throop Survey, Abstract No. 1511 - Non-Exclusive Joint Use Private Access Easement Electronically Recorded Tarrant County Texas Official Public Records 5/31/2013 4:37 PM D213138794 PGS 20 $92.00 Iv"y7 Q �'7L l(LG5 Ct.t� - L. ti 's , ..in s . (.0rtt " /rf Mary Louise Garcia Submitter. SIMPLIF{ _ , .45, •a vr 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 .I-lolliday, 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 PRIV ATE ACCESS EASEMENT Page 1 33637.7 • " This document has been electronically recorded by Rattikin The Company Data warded sattittirr Tithe Company Document Number 2. 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 fol lowing: 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 Now - EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT VYFI CERTIFY THAT THIS IS A TIME A( lARf1E ^T COPY OF THE O G1NrAL HEREOF , g a p FOR (- RATTIKIN TITLE COMPANY BY cwt/ "" "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 die 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 nonperfo►nring 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 terns 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 unplied, 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 PRJVA1'E 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 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 c 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 Or VG/S LL wrs I- (description of identity card or other document) to be the person whose naive is subscribed to the foregoing instrument and acknowledged to me that he ecuted the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF 'F " E, this the 1 day i ay, 2013 ; 4. - € HAY TOWNSEND o Notary Pubic /h • STATE OF TEXAS • ( +y• My Comm Exp. Dec 18, 2018 Notary Public in .nd for the State of T- as NON-EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 7 33637.7 Ric :rd 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 5D day of May, 2013. �,�asYPC TIM L EE BARNES Notary Public in and for the State of `Texas Notary Public, State of Texas My Commission Expires T o October 6 2014 v �. � V .r V ... Y .e Y v� NON- EXCLUSIVE JOINT USE PRIVATE ACCESS EASEMENT Page 8 33637.7 • M. •y n liday 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 Ilolliday, 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 narne 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 3L) day of May, 2013. �� w r r . A n n n A I A A A n A� V` �• •. ...� __ �. v P� , TIM LEE BARNES Notary Public in and for the State of Texas ^C y Notary Public, State of Texas ; My Commission Expires E or W October 6, 2014 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 Properly, 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 I r 13y: ' .1,11,.1 C/f -re zie Its. ilrzr l d t - '..iT AC KNOW L EDG M.E.N T STATE OF TEXAS § COUNTY OF 1 R1t T' § Before me the undersigned authority in and for the State of 'Texas, on this day personally appeared T Ca.ri LA 4- , known to we (or proved to the on the oath of Q:fwt t r through _ (description of identity card or other document) to be the per. on whose ;lane is subscribed to the foregoing instrument and acknowledged to Inc 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 th 30 day of May, 2013. .FR'':"..* 1 't�_ ERIKA RAE PETREY Notary Public in and for the State o Texas ("4 -,c '''= MY COMMISSION EXPIRES - 4,,9;; E+' September 27, 2016 NON-EXCLUSIVE JOINT USE PRIVA'rt. ACCESS EASEMENT page 111 3363?. EXHIBIT "A" -- , e, , - E5 BEING a 4.009 acre tract ofland in the Francis Throop Survey, Abstract No. 1511, Tarrant County, Texas as described in deed to Brian Jeffery Massey and Ryan Todd Massey as _ :i. recorded in Volume 16429, Page 396 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: 0 ; . �, BEGINNING at a P.K. Nail set in the asphalt at the southeast corner of said Throop survey, $ Highland Street (Co. Road 3034) f said corner being the centerline of the intersection of East IIi � . and Kimball Avenue (Co. Road 3119), , () THENCE N 89' 05' 00" W along centerline of said Fast Highland Street a distance of 331.60 1 () 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 1f2" iron rod found disturbed and being by plat the southeast coiner of The Hill Addition, an addition to the City of Southlake as recorded in VoItune 388 -I59 Page 96 of the Plat Records o ounthy, fTatxant C Texas and continuinp alongp ' r Page •J'� Texas, continuing along 'f.: the east line of said The FIR1 Addition a total of 526.60 feet to a 112" iron rod set with a "TQ Burks 115509" cap said point being by deed call the southwest comer of a tract of land described in deed to Richard Holliday and wife, Mary Ann Holliday as recorded in Voluaae 14325, Page 524 D.R.T.C.T.; THENCE S 89' 10' 10' E along south line of said Holliday tract passing at 30545 feet a 1/2" 3 iron rod set with a "TQ Burks 45509" 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 ofKimball Avenue a distance of 527.10 feet to n the Point of Beginning and containing in all 174651 square feet o €4.009 acres oil-and in which 0.455 acres of land Evils in said Street right-of-ways, leaving a net of3.5$5 antes , . :a r,,, i. ii EXHIBIT +: ` n 01352�i_OO�Gtii:7$t} Ot i,. - 3. 4 .Hearty: TARRANT Doe_: 000239848 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 ' 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- ,' ./...ciaarly described by metes and bounds as follows: ;BEgIIINIMO--at a point in County Road No. 3119, said .. P . OiWbet4North 527.1 feet from the Southeast corner '-errjr6id tftpoop Survey, same being the Southeast corner said acre tract; THEWE NO1 degrees 21 minutes West at 26.0 feet an iro.r6d4n,..ehe West line of said road, in all, 331.9 feet to rod for corner; THENCE NOrt-H (10 ;degrees 12 minutes East 131.4 feet to an iron rocMfor,Coine. THENCE Sotith deg 21 minutes East at305.4 feet an iron rod intileNast 'line of said County Road No. 3119, in all, 331:4 feer a point in the centerline of said road; THENCE South alopehe oenterline of said road, 131.4 feet to the POINT. ABOVE-REFERENCED PROPERTV/XNOWN AS 1360 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS', 7609. • EXHIBIT P EXHIBIT "A" LEGAL DESCRIPTION PERMANENT COMMON ACCESS EASEMENT NORTH KIMBALL AVENUE PARCEL 15 BEING 0.047 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 15881, 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 Wesi 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 Tine of said Massey Tract, to the POINT OF BEGINNING containing 0.047 acre (2,032 square feet) of land. EXHIBIT A '2883 LEGALS ;KIMBALL- LEG:ALJACC-15.Doc WNW RICHARD HOWDAY AND WIFF, MARY ANN HOLLIDAY VOL. 14325, PG. 524, D.R.T.C.T. � I POINT OF BEGINNING f y � 1/2" IRON ROD SET, WITH CA' MARKED "RRITTAIN & CRAWFCRD" L.- ccn t "PK" NAIL FOUND 1 S 89 ° 45'37 "E 135.31 N B 945 �'wl NORTHEAST CONER THE MASSEY R TRACT 11111.01 - N 00 °14'23 "E ' N 89 °45'37 "W 135.59' ' S 00 9'31"E 15.00' 1 .00' PERMANENT COMMON , ACCESS EASEMENT 0.047 ACRE /2,032 SQ.FT. I I j 1 0 I � ��� 1 CX 1 e I $ 0ry w G Z :� m c�. �,�Q -P JEFF MASSEY 1 Y 1 P° 1 VOL. 16881. PG. 198 11 1 u.,, Y s W -, Z w z d 1 0 1 0 �O J N G '. I W Y 1 w a I I SCALE 1"= 50' CITY OF SOUTHLAKE til 2 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO EAST HIGHLAND STREET EXHIBIT "B" . 1 . 4...' $�'� &CRAWFORD PERMANENT COMMON /`r �' LAND wrev> nrlc ACCESS EASEMENT % I' J * TOPOGRAPHIC .uMPNG � C 0 ACRE OF LAND ,. JAMES L. BAITTAIN ,; -0211 - 11173113 1111M 4.11-5, It F 1 c. , LOCAT IN THE ?,r.A,cei40, c ....8. .ex 113, a.a Ram, r4ccvr .T Assp. ° { ti c; rani wcr rt,w 1,3110 FRANCIS THROOP SURVEY a su> ,; +/ ~��� ABSTRACT No. 1511 \R -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 and being more particularly described by metes and bounds as follows: BEGINNING at a 'A" 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 comer of said Holliday Tract. and said POINT OF BEGINNING also lying in the new West right -of -way line 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 G_12010)LEGALS!KH- KIMRALL ACG 16 Doc J� c ? i I 4 1 I IN GERALD C. GRAHAM AND WIFE, z I W M i ■ BARBARA GRAHAM - I W N VOL.10817, PG.2378 D.R.T.C.T > 0 i Q I � RICHARD HOLLIDAY AND WIFE, PROPOSED N EW MARY ANN HOLUDAY ARIGHT -OF -WAY = VOL.14325, PG.524 uNE i — D.R.T.C.T. Z IX T --- PERMANENT COMMON i ACCESS EASEMENT i } 0.047 ACRE / 2,028 SQ.FT N 00° 14'23 "E S 0049'31 "E 15.00' S 89 °45'37 "E 135,03' 15.00' i__._ tz N 89 °45 "W 135.31' 1 N 8944.452'3.7' . NAi; FOUtiD W SOUTHE CORNER OF HOLLIDAY TRACT ,. \\ POINT OF BEGINNING — — 1/2" IRON ROO SO". WITH CAP i G MARKED "BRITTA'N & CRAWFORD" i JEFF MASSEY VOL 16E181, PG. 138 i .cam D z ,r 0 ,I i SCALE 1 "» 50' CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B" N F3T<rrranv a�Cxstr>aorzu PERMANENT COMMON LA s "' mic & ACCESS EASEMENT rt ME TOPOGRAPHIC WAPPING. ' 'rim , . 4„, ... °� .. �. , - „-, ,.,,, ..e. -a 0.447 ACRE OF LAND �' .% L BRIT TAIN • `�` `• w r o. em I In. �a awrn m minim LOCATED IN T HE e e . I67�y "O " '°""'' 1Ot°' • ve" ° FRANCIS THROOP SURVEY ABSTRACT No. 1511 \Kruaa.LUcc -IS\ SOUTHLAKE, TARRANT COUNTY, TEXAS MAY 28, 2013 zas- -tc sr c 0) Piad eK Zf)13 18 .5 SCP 3) tel S a N<,. eea. ay\, 06t2J1.• Xh \ccdd \ean�rt \i0t0- 0.�- 16- mvsac ne non•c N w,meeeViMinga. 1 3 `¢ 5 r� a kit t i * <� x �iv I I _ , j > I ", „,„ " ,%,t, fi 3 t 1 ash l v,„it ,,;,..1 1 01,1„, ,,,,,z,.., , 1 !' H ''',.t1,' 1 'i `,.-' ' 't- ' ; 1 I f I ua 1 1 4 1 F lo, 1, ,,... Fr " - * -- "''''''' ' ',...''''''';',,, ,4'1:1''''''I'I'l :::1:4F-.41! i 1 :, 1.—ft'r I 4. a T1U Ptf , ^ 0 ' M. � a ' ti 1 > 1 • '� 4 1 1 7. - d t* 1 w , ' ry El - er -" -'?rt � ' r �"�'. r „..'4,,,,:1„,- - 8 6' �� °' S 1 1,,, I 1 }, , r j 1 j 1 R I e . 1 .0' ,, ' 11 ') , A ,,,, )7 III I 1 i s' - EXHIBIT g i" �� ig F , a ii I - KGY 0 „. ,4,, z2. p __ MASSEYMOLLIDRY CITY O F SOU THLAK E m priori r ana A Hom ssociazes PROPERTY :ot"t< " - °� `�` NORT KIMBA AVE NUE g x ; ' '' °° KKA " 6: .,37Oq MAY 16, 2Q13 e a te _ 11 T — t 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 2 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" F 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 pointy 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 2Q LEGAL3',KH- KNBA,L' ` &A. _ CALL TABLE E L -1 N 00•39'37 "W 38.79' L -2 N 89•10'29 "E 8.17' L -3 N 00•40'22 "W 25.17' h! L -4 WEST 18.28' J L -5 N 00°25'04 'W 24.76' G ' L-6 S 89`45'37 "E 29.88' GERALD C, GRAHAM AND WIFE, BARBARA GRAHAM VOL. 10817, PG.2378 1 , D.R.T.C.T. w 5 N z POINT OF BEGINNING S1 , N , I "PO' NAIL FOUND I • NORTHEAST CORNER � (,>`' OF H W DAY TRACT E� N 89 °45'37 "W 4 — _ _.. - — -- , L - 59.92 W M' TEMPORARY CONSTRUCTION J EASEMENT, 0.087 ACRE / 3,781 SQ.FT . L -4 • n 1 d _ .� o0 RICHARD HOLLIDAY AND WIFE, L -2 . vJoo € J MARY ANN HOLUDAY o '� I --Y VOL 14325, PG.524 ! , o r ' m D.R.T.C.T. C 50 42 , 5S' 1 ©' 'a6 I PROPOSED WALL € N 7 EASEMENT x N 89 °45'37 "W 125.03' z PROPOSED COMMON ACCESS EASEMENT cj 'NO' I I y hL € € JEFF MASSEY VOL.16881, PG.198 D.R.T.C.T. € € • s s a SCALE 1 "= 50' ' ` ( � CITY OF SOUTHLAKE 1400 MAIN STREET, SOUTHLAKE, TEXAS, 76092 NORTH KIMBALL AVENUE, SH 114 TO DOVE ROAD EXHIBIT "B,. 3-:.^ a/nu r4 &CRAWFORD TEMPORARY CONSTRUCTION 6 [ LANG SU.4YEnNG h EASEMENT tf TOPgGRMN1C M Pf NG i , �' * 4171 920--Cell - NEW ISM i l ,421112 0.087 ACRE OF LAND ` JAWS L BRRTAIN • "" No. • 4 JON { 4°" LOCATED ATED IN THE ' f , ' , � , r. u. x F 13, x,92 wm rumor " yam PORT lam 727443 F2.0 FRANCIS THROOP SURVEY ABSTRACT No. 1511 `K,uaku_\_ SOUTHLAKE, TARRANT COUNTY, TEXAS MAY 23, 2013