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Oaks Addition (Lots 12A, 16A, 17A), 2012 - Contract of Sale CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is made by and between NEC_CARROLL /114
ADJACENT LAND, L.P., a Texas Limited Partnership, (referred to in this Contract as
"Seller ") and the City of Southlake, a home rule municipal corporation in Tarrant County, Texas,
(referred to in this Contract as "Purchaser ").
ARTICLE I. PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for, a permanent non - exclusive easement for a water line on that certain tract of land situated
in Tarrant County, Texas, which is more particularly described as follows:
a 0.070 acre parcel of land located in the R. EADS SURVEY,
Abstract No. 481, in the City of Southlake, Tarrant County, Texas,
and being more particularly described by metes and bounds in
Exhibit "A ", attached hereto and incorporated herein for all
purposes, and being more particularly shown on a survey drawing
marked Exhibit "B ", attached hereto and incorporated herein for all
purposes
For no additional consideration, Seller further agrees to grant to Purchaser a one (1) year
Temporary Construction Easement which shall be ten feet wide, adjacent and parallel to and
north of the Permanent Water Line Easement Line of the Property as shown on Exhibit "B"
attached hereto, which Temporary Construction Easement shall be in the form shown on Exhibit
"B" which is attached hereto. Purchaser may extend the Temporary Construction Easement for
one twelve (12) month increment in return for $3,700.00 paid to Seller, provided such payment is
received before the expiration of the prior term. This Contract is made for the consideration and
upon and subject to the terms, provisions, and conditions set forth below.
ARTICLE II. PURCHASE PRICE
The purchase price for the Property shall be FIFTEEN THOUSAND DOLLARS AND
00 /100 DOLLARS ($15,000.00) cash for the permanent water line easement and temporary
construction easement.
Page 1
ARTICLE III. PURCHASER'S RIGHTS AND OBLIGATIONS
3.01 Preliminary Title Report. Within twenty (20) days after the date hereof, Seller,
at Purchaser's sole cost and expense, shall have the Title Company issue a preliminary title
report (the "Title Report ") accompanied by copies of all recorded documents relating to
easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser receives the Title Report that the
condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser
states that any conditions are not satisfactory, Seller shall promptly undertake to eliminate or
modify all unacceptable matters to the reasonable satisfaction of Purchaser; provided, however,
Seller shall not be required to spend any money curing such objections.. In the event Seller
chooses not to do so or is unable to do so within twenty (20) days after receipt of written notice,
this Contract shall thereupon be null and void for all purposes. If written notice is not received by
Seller within the 20 day period, all conditions shall be deemed to be acceptable and any
objection thereto shall be deemed to have been waived for all purposes.
3.02 Survey. Attached as Exhibit "B" is a copy of the survey that Purchaser caused to
be prepared for Property.
3.03 New Surveys and Tests. Within ten (10) days after the date of execution, Seller
shall provide to Purchaser a copy of any environmental site assessment that Seller has caused to
be prepared for the Property, or that Seller has received. Within 20 (twenty) days after the date
of execution, Purchaser is granted the right to conduct an environmental and engineering survey
and feasibility study of the Property at Purchaser's sole cost and expense, and in this connection
Purchaser or Purchaser's designated agents may enter upon the Property for purposes of soil
analysis, core drilling, or other tests which may be deemed necessary to Purchaser or Purchaser's
engineer. If Purchaser determines, in Purchaser's sole judgment, that the Property is not suitable
for the intended purposes, then and in this event, Purchaser may, on written notice to Seller
within twenty (20) days after execution of this Contract terminate this Contract by written notice
to Seller and it shall be null and void for all purposes. If the written notice is not received within
this twenty (20) day period, the condition shall be deemed to be acceptable and any objection
thereto shall be deemed to have been waived for all purposes. Purchaser hereby indemnifies the
Seller from any cost or expense incurred by Purchaser in connection with any such inspections.
Purchaser shall restore the Property to its original condition following any such inspection by
Purchaser or its contractors.
3.04 Property Condition. Within twenty (20) days after the date of execution,
Purchaser may have the property and facilities inspected by an inspector permitted by law to
make such inspections. Seller shall permit access to the property at reasonable times for
inspection, repairs, and treatment and for reinspection after repairs and treatment have been
completed.
Purchaser will have twenty (20) days after receipt of the inspection report to review and
approve same. In the event any portion of the inspection report is unacceptable to Purchaser,
then Purchaser shall, within the twenty (20) day period, give Seller written notice of this fact.
Seller shall have no obligation to make any repairs or treatments. Purchaser's failure to
terminate this Contract as provided in Section 3.03 above shall be deemed to be Purchaser's
acceptance of the property in its current condition.
Page 2
The City has reviewed that certain Phase I Environmental Assessment (the "Eckland
Report") prepared by Eckland Consultants on February 18, 1997, that City is aware of the
potential for contamination of the site because, among other conditions set forth in the Eckland
Report, adjoining parcels of land have at various times been used as a dry cleaner and a gas
station.
ARTICLE IV. REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of the Closing Date:
(1) Seller is the sole owner of the Property, (subject to a mortgage) and has the right
and ability to convey good and marketable title in fee simple to the Property to
Purchaser without the approval or participation of any other person and free and
clear of any and all liens, encumbrances, conditions, assessments and restrictions.
(2) To Seller's actual knowledge (except as may be disclosed in the Eckland
Report supplied to Purchaser) during Seller's ownership of the Property (1) no
excavation of the Property occurred, (2) no landfill was deposited on or taken
from the Property, (3) no construction debris or other debris (including, without
limitation, rocks, stumps, and concrete) was buried upon the Property, and (4) no
toxic waste or "hazardous substances" as that term is defined in the
Comprehensive Environmental Response, Compensation and Liability Act of
1988, or petroleum products and derivatives thereof, were deposited on the
Property. Seller further represents and warrants that, to his actual knowledge,
none of the foregoing occurred on the Property prior to Seller's ownership of the
Property except as disclosed in the Eckland Report supplied to Purchaser.
(3) That there are no real estate brokers', agents' or finders' fees or
commissions due arising in connection with the execution of this Contract or from
the consummation of the sale contemplated herein.
ARTICLE V. CLOSING
5.01 Closing Date. The closing shall be held on or before 2012, at the
Title Company (which date is herein referred to as the "Closing Date ").
5.02 Conditions at Closing. The closing and Purchaser's obligations under this
Agreement to purchase the Property are expressly conditioned on:
(1) Seller's delivery to Purchaser a duly executed and acknowledged Grant of
Permanent Right of Way in the form attached hereto as Exhibit "C" conveying to
Purchaser a permanent right of way on the Property, free and clear of any and all
liens, encumbrances, conditions, assessments, and restrictions other than as
provided in this Contract.
Page 3
(2) Seller's delivery to Purchaser a duly executed and acknowledged Temporary
Construction Easement in the form attached hereto as Exhibit "D ".
(3) Delivery to Purchaser, at Purchaser's sole expense, of a Texas Owner's Title
Policy, issued by the Title Company in the full amount of the purchase price,
insuring Purchaser's permanent right -of -way on the Property, subject only to those
title exceptions listed in this Article III, if any, such other exceptions as may be
approved in writing by Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record "; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
(4) Seller's execution of such documents and instruments reasonably requested by the
title company to consummate the transactions contemplated herein.
(5) Delivery to Purchaser of possession of the Property.
5.03 Failure of Conditions. Should any of the conditions specified in Paragraph 5.02
of this Contract fail to occur within twenty (20) days after the establishment of Closing as
provided in Paragraph 6.01 of this Contract, Purchaser shall have the power, exercisable by
written notice to Seller, to cancel the closing and terminate this Contract. The exercise of this
power by Purchaser shall not, however, constitute a waiver of any other rights Purchaser may
have against Seller for breach of this Agreement as set forth in Article VII below. The Title
Company (Escrow Agent) shall be and is hereby irrevocably instructed by Seller on any such
termination of this Contract and receipt of such notice from Purchaser by it to immediately
refund to Purchaser all monies and instruments deposited by Purchaser pursuant to this Contract.
5.04 Prorations. Any assessments against the Property as of the Closing Date shall be
paid by Seller on or before the closing. General real estate taxes for the then current year
relating to the Property, interest on any existing indebtedness, and rents if any, shall be prorated
as of the closing date and shall be adjusted in cash at the closing. In the event any roll back or
other deferred taxes exist which are retroactive to the period of Seller's ownership of the
Property or any time prior thereto pursuant to a change in zoning, use, ownership or otherwise,
such retroactive taxes shall remain the obligation of Seller. This provision shall survive the
closing.
5.05 Closing Costs. All costs and expenses of closing in consummating the sale and
purchase of the Property shall be borne and paid by the Purchaser with the exception of the
Seller's prorated taxes in 5.04 and attorney's fees incurred by the Seller shall be paid by the
Seller.
Page 4
ARTICLE VI. REAL ESTATE COMMISSIONS
Seller shall pay, at Seller's sole cost and expense, any commissions or brokerage fees
associated with this Contract which are owed by Seller. Seller agrees to indemnify and hold
the City harmless from claims made by any person for any such fees, commission or like
compensation claiming to have dealt with the Seller. Purchaser hereby represents that
Purchaser has not engaged a real estate broker in connection with this transaction and Seller shall
not be liable for a real estate commission for any broker who has dealt with Purchaser.
ARTICLE VII. BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder
or shall fail to consummate the sale of the Property for any reason, except because of Purchaser's
termination of this Contract or because of Purchaser's default, Purchaser may terminate the
Contract or enforce specific performance of the Contract..
ARTICLE VIII. BREACH BY PURCHASER
If Purchaser shall fail to consummate this Contract for any reason, except Seller's default
or the termination of this Contract pursuant to a right to terminate given herein, Purchaser shall
be in default and Seller may at its sole and exclusive remedy have the Escrow Deposit paid to
Seller as liquidated damages for the breach of Contract thereby releasing Purchaser from this
Contract.
ARTICLE IX. MISCELLANEOUS
9.01 Effective Date. The effective date of this Contract will be the date the last party
executes the contract.
9.02 Survival of Covenants. Any of the representations, warranties, covenants, and
contracts of the parties, as well as any rights and benefits of the parties, pertaining to a period of
time following the closing date of the transactions contemplated hereby shall survive the closing.
9.03 Notices. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by certified United States mail, postage prepaid, return receipt
requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the
signature of the party hereunder.
9.04 Texas Law to Apply. This Contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Tarrant County, Texas.
9.05 Parties Bound. This Contract shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives, successors
and assigns where permitted by this Contract.
9.06 Legal Construction. In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this
Page 5
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been
contained herein.
9.07 Gcnder. Words of any gender used in this Contract shall be held and construed to
include any other gender, and words in the singular number shall be held to include the plural,
and vice versa, unless the context requires otherwise.
9.08 Time. In this Contract, time is of the essence and compliance with the times for
performance is required.
9.09 Attorneys Fees. The prevailing party in the adjudication of any proceeding
relating to this Agreement shall be authorized to recover its reasonable and necessary attorney's
fees pursuant to Sec. 271.159 of the Texas Local Government Code.
EXECUTED this 61& day of 4,?r; 1 , 2012.
SELLER: PURCHASER:
NEC CARROLL /114 ADJACENT CITY OF SOUTHLAKE, TEXAS
LAND L.P.
A Texas Limited Partnership
By:NEC a ol1/114 Adja nt Land One, L.C. By `■Pm L L
Its: Ge,- Part Sha 10 erton �/
B Ii �ity anager
Her.ert 1 Weitzman 1400 Main Street
Manager Southlake, Texas 76092
Page 6
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DALLAS §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Herbert D. Weitzman, 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.
GIV N UNDER MY HAND AND SEAL OF OFFICE, this the 6 . - 91/ - 4 day of
_, C ( ,2012.
3 ,,m' 4 la /� _
°s Notary Publi and for
The State of I xas
My Commission Expires: iP'4,.
Typed or Printed Name of Notary
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the , u de fgnned authority in and for said County, Texas, on this day a.
personally appeare• . • - • -. known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that she is the City Manager of the City of
Southlake, Texas and is duly authorized to execute this Contract for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 11 -' day of
r( 1 , 2012. J p
Notary Public in a for
The State of Texas
My Commission Expires: tA0 PaAl
rc
\. \\`\��\\� ��Pq /1/4/ � Typed or Printed Dame of Notary
OW Q p 61
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EXHIBIT "A"
PROPERTY DESCRIPTION
Page 8
EXHIBIT "A"
3,066 SQUARE FOOT
PERMANENT WATER LINE EASEMENT
BEING a portion of Lot 1A, OAKS ADDITION, an addition to the City of Southlake,
Tarrant County, Texas, recorded in Volume 388 -26, Page 4 of the Plat Records of Tarrant
County, Texas (PRTCT) and Lots 12A, 16A and 17A, OAKS ADDITION, recorded in
Volume 388 -35, Page 52, PRTCT, all conveyed by deed to NEC Carroll and 114, LP in
Volume 12693, Page 2065, Deed Records, Tarrant County, Texas, (DRTCT), and being
more particularly described by metes and bounds as follows:
BEGINNING at a TxDOT monument found in the northeast right -of -way of E. State
Highway 114 at the southeast corner of said Lot 17A, said point also being the southwest
corner of Lot 18R, OAKS ADDITION, recorded in Cabinet A, Slide 12583, PRTCT, and
being the beginning of a curve to the Left with a central angle of 02 °25'55 ", a radius of
5749.58 feet and a chord which bears N50 °20'29 "W a distance of 244.04 feet;
THENCE Northwest, along the arc of said curve and said right -of -way, a distance of
244.06 feet to a point for easement corner;
THENCE North 51 degrees 41 minutes 29 seconds West, continuing along said right -of-
way, a distance of 79.52 feet to a point for easement corner;
THENCE North 74 degrees 04 minutes 12 seconds West, departing said right -of -way, a
distance of 26.27 feet to a point for easement corner;
THENCE South 51 degrees 41 minutes 29 seconds East a distance of 55.25 feet to a
point for easement corner at the beginning of a curve to the right with a central angle of
02 °20'00 ", a radius of 5759.59 feet and a chord which bears S50 °23'26 "E a distance of
234.55 feet;
THENCE Southeast, along the arc of said curve, a distance of 234.57 feet to a point in
the east line of said Lot 17A for easement corner;
THENCE South 03 degrees 53 minutes 44 seconds East, along said east line, a distance
of 14.07 feet to the POINT OF BEGINNING and containing 0.070 acres or 3,066
square feet of land.
PASOUTHLAKE \1892 \ SURVEY \Esmt -RO W\Oaks.doc
EXHIBIT "B"
PROPERTY SURVEY
Page 9
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EXHIBIT "C"
GRANT OF PERMANENT WATER LINE EASEMENT
Page 10
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
CITY OF SOUTHLAKE
PERMANENT WATER LINE EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, NEC_CARROLL/114 ADJACENT LAND L.P., A TEXAS LIMITED
PARTNERSHIP, of the County of Dallas, State of Texas, for and in consideration of ONE
DOLLAR, and other good and valuable considerations paid by the City of Southlake, a
municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged,
do hereby grant, bargain and convey to said City, its successors and assigns, the right to
construct, reconstruct and perpetually maintain permanent Water Lines, together with all
necessary appurtenances thereto, and with the right and privilege at any and all times, to
enter said premises, or any part thereof, as is necessary to the proper use of any other
right granted herein, and for the purpose of constructing, reconstructing and maintaining
permanent Water facilities, and for making connections therewith, in, upon and across that
certain tract or parcel of land in Tarrant County, Texas, being described as follows,
notwithstanding the foregoing owner shall have the right to pave the easement area but
shall construct no other improvements which would interfere with grantee's use of the
easement granted herein:
EXHIBITS "A" and "B ", attached hereto and made a part hereof.
TO HAVE AND TO HOLD the same unto the City of Southlake, its successors and
assigns. �,t"
•
WITNESS OUR HANDS, this he C +kda of • , 2012.
/0
NEC_CARROLL /11 ADJACENT LAND L.P., A TEXAS LIMITED
PARTNERSHIP
HERBERT D. WEIT AN
MANAGER, NEC_CARROLL/114 ADJACENT LAND ONE, L.C.
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared HERBERT D. WEITZMAN, known to me to be the person whose names are
subscribed to the foregoing instrument, and acknowledged to me that they executed the
same for the purposes and considerations therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OF CE, his the day of 1 , 2012. •
Notary Public i nd for The State of Texas
Commission Expires:
EXHIBIT "D"
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Page 11
TEMPORARY CONSTRUCTION EASEMENT
NEC_CARROLU114 ADJACENT LAND L.P., A TEXAS LIMITED PARTNERSHIP
TO THE CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
Being the owner of the above referenced property, I (we) hereby grant to the City of Southlake,
and to the Contractor, a temporary construction easement through a portion of a tract of land
conveyed to NEC_CARROLU114 ADJACENT LAND L.P., A TEXAS LIMITED PARTNERSHIP,
by the deed recorded in Volume A, Page 12582 of the Deed Records of Tarrant County, Texas
for the purposes of constructing necessary water line facilities.
The temporary construction easement will be 10 feet wide and shall be North of and parallel to
the permanent Water Line Easement, as indicated on Exhibit "B" attached hereto.
It is understood that during construction, the Contractor will of necessity require the temporary
construction easement to accommodate movement of equipment for handling and placement of
piping and supplies, but only as may be necessary, and in no case shall the Contractor permit
equipment to become in contact with, or damage existing buildings or other permanent lot
improvements. It is further understood that the Contractor shall be required by the City to restore
all areas of the lot, relative to fencing, structures, and other improvements to pre- existing
conditions, or better. The above granted permission shall expire and further activities limited to
the permanent utility easement of record upon final acceptance by the City of the Contractor's
work. /�
Permission and access granted this, the 44 day of A.pe 1 , 2012.
� :_>✓J L Allan
OWNER(s) (Printed Name) 0 NER(s) (Si. • - re)
NEC_Carroll /114 Adjacent Land L.P. Herbert D. Weitzman
Manager, NEC_Carroll /11
Adjacent Land One, L.C.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME the undersi ned authority in and for Dallas County, Texas, on this day personally
appeared Me 4 P. W C. '* V NI N,1,known to me or proved to me through
(description of identity card or other document), to be the
same person whose name is subscribed to the foregoing instrument and acknowledged to me
that he /she executed the same for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this (0 day of , 2012.
NOTARY SEAL /
Notary Public, Sta of Texas
L, .GvSQ
Notary's Name (Printed)
•
Notary's Commission Expires
AFTER EXECUTION BY OWNER, PLEASE
RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
c/o Public Works Department
1400 Main Street, Suite 230
Southlake, Texas 76092
Phone: 817 - 748 -8089
Fax: 817 - 748 -8077
GF #' 11 -03071 RA I KIN I F.1. I.Ii,
SELLER'S STATEMENT
Purchaser: City of Southlake
Seller: NEC Carroll and 114 Limited Partnership
Settlement Agent: Rattikin Title Company
(817)329 -9975
Place of Settlement: 2615 E. Southlake Blvd., Suite 100
Southlake, TX 76092
Settlement Date: April 23, 2012
Property Location: N Carroll Ave (959) & Casey Ct (940, 930)
Southlake, TX 76092
Tarrant County, Texas
0.070 acres out of Lot 1A, 12A
16A & 17A & Pt Prvt St, Oaks
Addition
CREDITS — -- — — — — __,_
Purchase Pece 15,000.00
Less Total Credits to Seller TOTAL CREDITS 15,000 00
-- - -- - - - -- DEBITS - - - - -- - - - -- - --
Document Preparation Raltikin & Rallikiii. L.L 0. 50 00
County Taxes 01/01/12 ire 04124/12 Tarrant COunly Tax Assessor Cut cc 143 -79
Less Total Reductions to Amount Due Seller TO - AL DEBITS 193.79
------- -..._— '— -- — — - - - -- --..._.__-_---- - - --
BALANCE
To Seller 14,806.21
Seller understands the Closing or Escrow Agent has assembled this informalron representing the r n s liar o 'l'e hest 'rfcrnblicn available from
other sources and cannot guarantee the accrrraoy thereof. The Lancer involved may he furnished a roomy of .his 3tarenoent.
Seller understands that tax and insurance prorallons and 'eserves wore based on ficWes for he acceding yc. e - by niners or est,InDles for
current year. and in the event of any change for current year, all necessary or most be made hel.ormr; - ., r ond Serra 1 ".::
The undersigned hereby authorizes Roll/kin Title 0e'npsny to Hake expend lures and 0 strirremonts ao shoe, T - r' fcr pair r _. Tire
undc s:rn?d also acknowledges receipl of in funds rn lhe amount 1 w,m above. ;Ind re .,,.t c) a ca of 1.. - ST .
Note:
APPROVED:
NEC Carroll d 114 Limited P .rtnership, a Texas limited partnership / `�
By: N� /roll and i 4 e L.C., a Texas limited liabfity company f
By:_
erbert D. Weitzman., General P- ner
•
L / 1 -
Rattlkln Title ompany
Inlerest of ex :sling liens s flr t0 he dare nd (bled. It not paid by :hen, a, di ^ r:rl impresi ...:'I a ceR orolca -11 y;, s . r7.o Vii ..c adius103
to have sr ifficieril 'sods to secure release err lletteold
11- 17307' -P )' D/ 1 r. 03071/20)
GF #: 11 -03071 RA1 lIKIN �1,1�,
PURCHASER'S STATEMENT
Purchaser: City of Southlake
Seller: NEC Carroll and 114 Limited Partnership
Settlement Agent: Rattikin Title Company
(817)329 -9975
Place of Settlement: 2615 E. Southlake Blvd., Suite 100
Southlake, TX 76092 REI IMIN.A.R.'
Settlement Date: April 23, 2012
Property Location: N Carroll Ave {959) & Casey Ct (940, 930)
Southlake, TX 76092
Tarrant County, Texas
0.070 acres out of Lot 1A, 12A
16A & 17A & Pt Prvt St, Oaks
Addition
DEBITS
Purchase Price 15,000.00
Escrow Fee Rattikin Title Company 700.00
Tax Report Tarrant County Real Property Tax Service 242.74
Title Insurance Rattikin Title Company 262.00
Policy Guaranty Fee Rattikin Title Company 2.00
Recording Fees Rattikin Title Company 24.00
e- Filing Rattikin Title Company 9.00
Permanent Water /Temp Constr Rattikin Title Company 32.00
Gross Amount Due From Purchaser IOTA DEBITS 16,271.74
CREDITS
Deposit or Earnest money
Less Total Credits to Purchaser TOTA, CREDITS
BALANCE
From Purchaser 16,271.74
Purchaser understands the Closing or Escrow Agent has assembled this information representing th transaction from the best information available
from other sources and cannot guarantee the accuracy thereof. The Lender involved may be furnished : copy of this Statement.
Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates
for current year, and in the event of any change for current year, all necessary adjustments must be ma. e between Purchaser and Seller direct.
The undersigned hereby authorizes Rattikin Title Company to make expenditures and disbursement- as shown and approves same for payment. The
undersigned also acknowledges receipt of loan funds in the amount shown above and receipt of a copy .1 this Statement.
Note:
APPROVED:
City of Southlake, Texas -
By:
Name: isiarfr7 Y
Title: „a1MIPPLIIIIIIWIC1ZY
Rattikin T' C..mpany
(11- 03071.PFD/11- 03071/19)
GF# 11 -03071 r
T TTIKIN TI r E
AFFIDAVIT AS TO DEBTS AND LIENS !
DATE: DATED AS OF THE JURAT, OR WHEN MORE THAN ONE, THE FIST COMPLETED JURAT.
RE: PROPERTY (HEREINAFTER CALLED "subject property ") fully descr ed in said file:
Non- Exclusive Easement Estate for permanent water line as created by t '!l certain Permanent ',Hater Line
Easement dated , 2012, by and between NEC Carroll and 114 L'6 iited Partnership and the City of
Southlake, Texas, filed for record under Clerk's File No. , eed Records of Tarrant County,
Texas.
AFFIANT is /AFFIANTS are:
( X ) SELLER(S) of the subject property
( ) OWNER(S) /BORROWER(S) of a loan secured by subject property
( ) duly authorized Officer /Partner /Joint Venturer of NEC Carrot' and 114 Li iited Partnership, which is the.
(X ) SELLER of the subject property
( ) OWNER /BORROWER of a loan secured by subject property:
and each AFFIANT appearing before the respective undersigned authority on he date set forth in the respective
Jurat, on oath deposes and says:
RATTIKIN TITLE COMPANY, Agent for ALLIANT NATIONAL TITLE INS. CO.'Ihas been requested to handle the
closing of the transaction upon subject property and the issuance of one or mi title po'icies. Each AFFIANT is
giving this Affidavit with the understanding that RATTIKIN TITLE COMPAN , Agent for ALLIANT NATIONAL
TITLE INS. CO., could not and would not issue any title insurance contrasts on said property unless each
AFFIANT swears to the accuracy of the statements made herein, as folio s: IF THE STATEMENTS ARE
UNTRUE, PLEASE MARK AN "X" IN THE PARENTHESIS, AND EXPLAIN U I pER NO. 15 ( ).
1. Affiant certifies that the sale of the above - described property is t ruly a "sale," and that there is no
agreement or understanding whatsoever that said property will b. to Seller(s) at any
future date. Affiant further certifies that said "sale" could not in a,y way he construed as a "loan of
money."
II
2. The owner(s) of the subject property owe(s) no past due Fedra' or Slate taxes, no delinquent
Federal assessments presently exist against owner(s), and no ','' ederal or State Dens have been
filed against owner(s), EXCEPT THOSE UNDER NO. 15 ( )
1i
3. No delinquent State, County, City, School District, Water District o!', other governmental agency taxes
are due or owing against subject property, and no tax suit has!ibeen filed by any State, County,
Municipal, Water District or other governmental agency for tax:ls levied against subject property.
EXCEPT THOSE UNDER NO. 15 ( ).
fi
I'!
ij
-n 7 F rD 3371125)
PI
'll
!II
GF# 11 -03071
AFFIDAVIT AS TO DEBTS AND LIENS
(Continued)
of im rovemen� ' or repairs, if any, subject
4. All labor and material used in the construction p , a
p Y
property have been paid for; there are now no unpaid labs, material claims against the
improvements or repairs, if any, or the property upon which ame are situated; and AFFIANT
hereby declares that all sums of money due for the erection of im °rovements or repairs, if any, have
been fully paid and satisfied; and there are no fvlechanic's or fvlat riairnan's liens against the subject
property, unless and except as shown under No. 8 and the lienholl er named in No 12 below.
5. No notices, assessments, or liens of any kind by any city, count state or `ederal enf:ty have been
filed or come to the attention of AFFIANT, and owner(s) owe(s) ''o charges for any s_,ch, EXCEPT
THOSE UNDER NO. 15 ( ).
6. No homeowners or maintenance association dues, fees, or assessments are due and awing relating
to the subject property, EXCEPT THOSE UNDER NO. 15 ( ).
7. No judgment liens are filed against owner(s), EXCEPT THOSE U is DER NO. 15 ( ).
8. No suits are pending against owner(s) in Federai or State ern rt, CEPT THOSE UNDER NO. 15 ( ).
9. AFFIANT knows of no adverse claim to the subject property, ana • so far as AFFIANT knows there
are no encroachments or boundary conflicts, EXCEPT THOSE U DER NO. 15 ( ).
10. No outstanding home improvement loans are recorded, or unrecolded, EXCEPT THE FOLLOWING'
11. AFFIANT (or when on behalf of owner, such owner or any legal lepresentative) has not heretofore
sold, contracted to sell or conveyed any part of said property oth:.r than in connection with the sale
and /or loan handled in the above numbered file.
12: No unpaid debts exist for electric or plumbing fixtures. water heat-I floor furnaces, air conditioners,
radio or television antennae, carpeting, rugs, lawn sprinkling • stems, venetian blinds, window
shades, draperies, electric appliances, fences, street paving or an' personal property or fixtures that
are located on the subject property, and no such systems have een purchased on time payment
contracts, and no security interests on such property are secure by financing statements, security
agreement or otherwise, EXCEPT THE FOLLOWING:
SECURED PARTY AP', ROXIMATE AMOUNT
$
(USE NO. 15 FOR FURTHER EXPLANATION, IF NECESS• "Y.)
13. No loans of any kind exist on subject property, EXCEPT THE FO I OWING,
CREDITOR AP ROXIMATE AMOUNT
None None
(1 1- 03071. ''FD 1 1.03071/25)
•
I'd
li
GF# 11 -03071
AFFIDAVIT AS TO DEBTS AND LIENS
(Continued)
14. No present or past tenants have had possession at any time t subject property, EXCEPT THE
FOLLOWING:
TENANTS AP "ROXIMATE AMOUNT
None None
15. EXCEPTIONS AND EXPLANATIONS:
16. AFFIANT UNDERSTANDS THAT THE PAYOFF AMOUNT(S) 1 LOANS AND LIENS LISTED
ABOVE ARE IN ACCORDANCE WITH STATEMENTS GIVEN Y THE SECURED PARTY. AND
SHOULD THE SECURED PARTY REQUIRE ANY ADDITISi AL AMOUNT IN ORDER TO
RELEASE SAID LOANS, AFFIANT (AND OWNER /BORROWE',' IF OWNER/BORROWER IS AN
ENTITY) AGREES TO PAY THAT ADDITIONAL AMOUNT AND ': OLD ESCROW AGENT AND ITS
UNDERWRITER HARMLESS FROM SUCH ADDITIONAL AMO 'iNT AND ANY OTHER LIEN NOT
SPECIFICALLY REFERENCED ABOVE.
NEC Carroll and 114 Limited Partnership, a Texas
limited partnership
ii
By: NEC Carroll and 114 One, L.C., a Texas limited
liablity •mpany /
By: /
Herbert D. Weitzml, General Partner
•
ii
ii
(11 -03071 PFD'11- 03071 /25)
it
'II
RAFITKINJ
April 30, 2012
City of Southlake
c /o. Victoria Chittam
1400 Main Street, Suite 320
Southlake, TX 76092
Re: RTC GF #: 11 -03071
Property Address: N Carroll Ave (959) & Casey Ct (940, 930)
Southlake, TX 76092
Dear City of Southlake:
In connection with the above referenced transaction, we are pleased to enclose the title policy and original
instruments that have been filed of record.
We continually strive to deliver consistent, high quality customer service and to make your experience as
comfortable and easy as possible. To that end, we have created a special file concerning this transaction.
Should the property be placed for sale or mortgaged in the future, all corresponding history will be easily
accessible and will expedite closing of the transaction at Rattikin Title.
It has been a great pleasure to be of service to you in this matter. If we can be of further assistance in this, or any
future transaction, please contact us.
Sincerely,
/'lam.
Megan Newburn
Escrow Officer
mnewburn @rattikintitle.com
Southlake Office • 2615 E. Southlake Blvd., Suite 100 • Southlake, Texas 76092 • Phone 817.329.9975 • Fax 817.481.5058
‘1 ww w.Rattikintitk com
OWNER'S POLICY OF TITLE INSURANCE (T -1)
Issued by ALLIANT NATIONAL TITLE INSURANCE COMPANY POLICY NO.
Any notice of claim and any other notice or statement in writing required to be given to the Company
under this Policy must be given to the Company at the address shown in Section 18 of the Conditions
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, ALLIANT NATIONAL TITLE INSURANCE COMPANY, a Colorado corporation (the "Company ") insures, as of Date of Policy and,
to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained
or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed
by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on
or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or
intention to enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a govemmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other
instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to
the extent provided in the Conditions
ALLIANT NATIONAL TITLE
INSURANCE COMPANY
Rattikin Title Company ) A or
201 Main Street By: / 7
Suite 800 ' � `` ? �
var t e l 9 President
p'O ?
Fort Worth TX 76102
SEAL
Countersi z
O
r *\ ,a a�
?b COLORN9 � Attest:
By: ! , Secretary
Authorized Officer or Agent
1
Form ANTTX- Owner's Policy of Title Insurance
A L L I A N T -1 1 AT I O N A L
T I T L E I N S U R A N C E C O M P A N Y
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting or relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) subdivision of land; or
(iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion
1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
poiicy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule
A.
6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule
A because of Unmarketable Title.
CONDITIONS
1. DEFINITION OF TERMS (f) "Knowledge" or "Known ": actual knowledge, not
The following terms when used in this policy mean: constructive knowledge or notice that may be imputed to an Insured
(a) "Amount of Insurance ": the amount stated in Schedule A, by reason of the Public Records or any other records that impart
as may be increased or decreased by endorsement to this policy, constructive notice of matters affecting the Title.
increased by Section 8(b), or decreased by Sections 10 and 11 of (g) "Land ": the land described in Schedule A, and
these Conditions. affixed improvements that by law constitute real property. The
(b) "Date of Policy ": The date designated as "Date of Policy" term "Land" does not include any property beyond the lines of the
in Schedule A. area described in Schedule A, nor any right, title, interest, estate or
(c) "Entity ": A corporation, partnership, trust, limited liability easement in abutting streets, roads, avenues, alleys, lanes, ways or
company or other similar legal entity. waterways, but this does not modify or limit the extent that a right of
(d) "Insured ": the Insured named in Schedule A. access to and from the Land is insured by this policy.
(i) The term "Insured" also includes: (h) "Mortgage ": mortgage, deed of trust, trust deed,
(A) successors to the Title of the Insured by operation or other security instrument, including one evidenced by electronic
of law as distinguished from purchase, including heirs, devisees, means authorized by law.
survivors, personal representatives or next of kin; (i) "Public Records": records established under state
(B) successors to an Insured by dissolution, merger, statutes at Date of Policy for the purpose of imparting constructive
consolidation, distribution or reorganization; notice of matters relating to real property to purchasers for value
(C) successors to an Insured by its conversion to and without Knowledge. With respect to Covered Risk 5(d), "Public
another kind of Entity; Records" shall also include environmental protection liens filed in
(D) a grantee of an Insured under a deed delivered the records of the clerk of the United States District Court for the
without payment of actual valuable consideration conveying the district where the Land is located.
Title; (j) "Title ": the estate or interest described in
(1) If the stock, shares, memberships, or other Schedule A.
equity interests of the grantee are wholly -owned by the named (k) "Unmarketable Title ": Title affected by an alleged
Insured, or apparent matter that would permit a prospective purchaser or
(2) If the grantee wholly owns the named Insured, lessee of the Title or lender on the Title to be released from the
(3) If the grantee is wholly -owned by an affiliated obligation to purchase, lease or lend if there is a contractual condition
Entity of the named Insured, provided the affiliated Entity and the requiring the delivery of marketable title.
named Insured are both wholly -owned by the same person or Entity, 2. CONTINUATION OF INSURANCE.
or The coverage of this policy shall continue in force as of Date of
(4) If the grantee is a trustee or beneficiary of Policy in favor of an Insured, but only so long as the Insured retains
a trust created by a written instrument established by the Insured an estate or interest in the Land, or holds an obligation secured
named in Schedule A for estate planning purposes. by a purchase money Mortgage given by a purchaser from the
(11) With regard to (A), (B), (C) and (D) reserving, however, all rights Insured, or only so long as the Insured shall have liability by reason
and defenses as to any successor that the Company would have of warranties in any transfer or conveyance of the Title. This policy
had against any predecessor Insured. shall not continue in force in favor of any purchaser from the Insured
(e) "Insured Claimant ": an Insured claiming loss or of either (i) an estate or interest in the Land, or (ii) an obligation
damage. secured by a purchase money Mortgage given to the Insured.
Form ANTTX -Tl Owner's Policy of Title Insurance
CONDITIONS
(continued)
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED defense as required or permitted by this policy, the Company may
CLAIMANT. pursue the litigation to a final determination by a court of competent
The Insured shall notify the Company promptly in writing (i) jurisdiction and it expressly reserves the right, in its sole discretion,
in case of any litigation as set forth in Section 5 (a) below, or (ii) in to appeal from any adverse judgment or order.
case Knowledge shall come to an Insured hereunder of any claim 6. DUTY OF INSURED CLAIMANT TO COOPERATE.
of title or interest that is adverse to the Title, as insured, and that (a) In all cases where this policy permits or requires the Company
might cause loss or damage for which the Company may be liable to prosecute or provide for the defense of any action or proceeding
by virtue of this policy. If the Company is prejudiced by the failure and any appeals, the Insured shall secure to the Company the right
of the Insured Claimant to provide prompt notice, the Company's to so prosecute or provide defense in the action or proceeding,
liability to the Insured Claimant under the policy shall be reduced to including the right to use, at its option, the name of the Insured for
the extent of the prejudice. this purpose. Whenever requested by the Company, the Insured,
When, after the Date of the Policy, the Insured notifies the at the Company's expense, shall give the Company all reasonable
Company as required herein of a lien, encumbrance, adverse claim aid (i) in securing evidence, obtaining witnesses, prosecuting or
or other defect in Title insured by this policy that is not excluded defending the action or proceeding, or effecting settlement, and (ii)
or excepted from the coverage of this policy, the Company shall in any other lawful act that in the opinion of the Company may be
promptly investigate the charge to determine whether the lien, necessary or desirable to establish the Title or any other matter as
encumbrance, adverse claim or defect or other matter is valid and insured. If the Company is prejudiced by the failure of the Insured
not barred by law or statute. The Company shall notify the Insured to furnish the required cooperation, the Company's obligations to
in writing, within a reasonable time, of its determination as to the the Insured under the policy shall terminate, including any liability
validity or invalidity of the Insured's claim or charge under the policy. or obligation to defend, prosecute, or continue any litigation, with
If the Company concludes that the lien, encumbrance, adverse claim regard to the matter or matters requiring such cooperation.
or defect is not covered by this policy, or was otherwise addressed (b) The Company may reasonably require the Insured
in the closing of the transaction in connection with which this policy Claimant to submit to examination under oath by any authorized
was issued, the Company shall specifically advise the Insured of representative of the Company and to produce for examination,
the reasons for its determination. If the Company concludes that the inspection and copying, at such reasonable times and places
lien, encumbrance, adverse claim or defect is valid, the Company as may be designated by the authorized representative of the
shall take one of the following actions: (i) institute the necessary Company, all records, in whatever medium maintained, including
proceedings to clear the lien, encumbrance, adverse claim or defect books, ledgers, checks, memoranda, correspondence, reports,
from the Title as insured; (ii) indemnify the Insured as provided in e- mails, disks, tapes, and videos whether bearing a date before
this policy; (iii) upon payment of appropriate premium and charges or after Date of Policy, that reasonably pertain to the loss or
therefor, issue to the Insured Claimant or to a subsequent owner, damage. Further, if requested by any authorized representative
loan/lender or holder of the estate or interest in the Land insured of the Company, the Insured Claimant shall grant its permission,
by this policy, a policy of title insurance without exception for the in writing, for any authorized representative of the Company to
lien, encumbrance, adverse claim or defect, said policy to be in an examine, inspect and copy all of these records in the custody
amount equal to the current value of the Land or, if a loan/lender or control of a third party that reasonably pertain to the loss or
policy, the amount of the loan; (iv) indemnify another title insurance damage. All information designated as confidential by the Insured
company in connection with its issuance of a policy(ies) of title Claimant provided to the Company pursuant to this Section shall
insurance without exception for the lien, encumbrance, adverse not be disclosed to others unless, in the reasonable judgment of
claim or defect; (v) secure a release or other document discharging the Company, it is necessary in the administration of the claim.
the lien, encumbrance, adverse claim or defect; or (vi) undertake a Failure of the Insured Claimant to submit for examination under
combination of (i) through (v) herein. oath, produce any reasonably requested information or grant
4. PROOF OF LOSS. permission to secure reasonably necessary information from
In the event the Company is unable to determine the amount of third parties as required in this subsection, unless prohibited by
Iossordamage, theCompanymay, atitsoption,requireasacondition law or governmental regulation, shall terminate any liability of the
of payment that the Insured Claimant furnish a signed proof of loss. Company under this policy as to that claim.
The proof of loss must describe the defect, lien, encumbrance or 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
other matter insured against by this policy that constitutes the basis TERMINATION OF LIABILITY.
of loss or damage and shall state, to the extent possible, the basis In case of a claim under this policy, the Company shall have the
of calculating the amount of the loss or damage. following additional options:
5. DEFENSE AND PROSECUTION OF ACTIONS. (a) To Pay or Tender Payment of the Amount of Insurance.
(a) Upon written request by the Insured, and subject to the To pay or tender payment of the Amount of Insurance under this
options contained in Sections 3 and 7 of these Conditions, the policy together with any costs, attorneys' fees and expenses
Company, at its own cost and without unreasonable delay, shall incurred by the Insured Claimant that were authorized by the
provide for the defense of an Insured in litigation in which any third Company up to the time of payment or tender of payment and
party asserts a claim covered by this policy adverse to the Insured. that the Company is obligated to pay. Upon the exercise by the
This obligation is limited to only those stated causes of action Company of this option, all liability and obligations of the Company
alleging matters insured against by this policy. The Company shall to the Insured under this policy, other than to make the payment
have the right to select counsel of its choice (subject to the right required in this subsection, shall terminate, including any liability
of the Insured to object for reasonable cause) to represent the or obligation to defend, prosecute, or continue any litigation.
Insured as to those stated causes of action. It shall not be liable for (b) To Pay or Otherwise Settle With Parties Other than the
and will not pay the fees of any other counsel. The Company will Insured or With the Insured Claimant. (1) to pay or otherwise settle
not pay any fees, costs or expenses incurred by the Insured in the with other parties for or in the name of an Insured Claimant any
defense of those causes of action that allege matters not insured claim insured against under this policy. In addition, the Company
against by this policy. will pay any costs, attorneys' fees and expenses incurred by the
(b) The Company shall have the right, in addition to the Insured Claimant that were authorized by the Company up to the
options contained in Sections 3 and 7, at its own cost, to institute time of payment and that the Company is obligated to pay; or (ii)
and prosecute any action or proceeding or to do any other act that to pay or otherwise settle with the Insured Claimant the loss or
in its opinion may be necessary or desirable to establish the Title, damage provided for under this policy, together with any costs,
as insured, or to prevent or reduce loss or damage to the Insured. attorneys' fees and expenses incurred by the Insured Claimant
The Company may take any appropriate action under the terms that were authorized by the Company up to the time of payment
of this policy, whether or not it shall be liable to the Insured. The and that the Company is obligated to pay. Upon the exercise by the
exercise of these rights shall not be an admission of liability or Company of either of the options provided for in subsections (b)(i)
waiver of any provision of this policy. If the Company exercises its or (ii), the Company's obligations to the Insured under this policy
rights under this subsection, it must do so diligently. for the claimed loss or damage, other than the payments required
(c) Whenever the Company brings an action or asserts a to be made, shall terminate, including any liability or obligation to
Form ANTTX -T1 Owner's Policy of Title Insurance
CONDITIONS
(continued)
defend, prosecute or continue any litigation. bonds, notwithstanding any terms or conditions contained in those
8. DETERMINATION AND EXTENT OF LIABILITY. instruments that address subrogation rights.
This policy is a contract of indemnity against actual monetary 14. ARBITRATION.
loss or damage sustained or incurred by the Insured Claimant who Either the Company or the Insured may demand that the claim
has suffered loss or damage by reason of matters insured against or controversy shall be submitted to arbitration pursuant to the Title
by this policy. Insurance Arbitration Rules of the American Land Title Association
(a) The extent of liability of the Company for loss or damage ( "Rules "). Except as provided in the Rules, there shall be no joinder
under this policy shall not exceed the lesser of: or consolidation with claims or controversies of other persons.
(i) the Amount of Insurance; or Arbitrable matters may include, but are not limited to, any controversy
(ii) the difference between the value of the Title as or claim between the Company and the Insured arising out of or
insured and the value of the Title subject to the risk insured against relating to this policy, any service in connection with its issuance or
by this policy. the breach of a policy provision, or to any other controversy or claim
(b) If the Company pursues its rights under Section 3 or 5 and arising out of the transaction giving rise to this policy. All arbitrable
is unsuccessful in establishing the Title, as insured, matters when the Amount of Insurance is $2,000,000 or less shall be
(i) the Amount of Insurance shall be increased by 10 %, arbitrated at the option of either the Company or the Insured, unless
and the Insured is an individual person (as distinguished from an Entity).
(ii) the Insured Claimant shall have the right to have the All arbitrable matters when the Amount of Insurance is in excess
loss or damage determined either as of the date the claim was made of $2,000,000 shall be arbitrated only when agreed to by both the
by the Insured Claimant or as of the date it is settled and paid. Company and the Insured. Arbitration pursuant to this policy and
(c) In addition to the extent of liability under (a) and (b), the under the Rules shall be binding upon the parties. Judgment upon
Company will also pay those costs, attorneys' fees and expenses the award rendered by the Arbitrator(s) may be entered in any court
incurred in accordance with Sections 5 and 7 of these Conditions. of competent jursdiction.
9. LIMITATION OF LIABILITY. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
(a) If the Company establishes the Title, or removes the CONTRACT.
alleged defect, lien or encumbrance, or cures the lack of a right (a) This policy together with all endorsements, if any, attached
of access to or from the Land, all as insured, or takes action in to it by the Company is the entire policy and contract between the
accordance with Section 3 or 7, in a reasonably diligent manner by Insured and the Company. In interpreting any provision of this policy,
any method, including litigation and the completion of any appeals, this policy shall be construed as a whole.
it shall have fully performed its obligations with respect to that (b) Any claim of loss or damage that arises out of the status
matter and shall not be liable for any loss or damage caused to the of the Title or by any action asserting such claim, shall be restricted
Insured. to this policy.
(b) In the event of any litigation, including litigation by the (c) Any amendment of or endorsement to this policy must be
Company or with the Company's consent, the Company shall in writing and authenticated by an authorized person, or expressly
have no liability for loss or damage until there has been a final incorporated by Schedule A of this policy.
determination by a court of competent jurisdiction, and disposition (d) Each endorsement to this policy issued at any time
of all appeals, adverse to the Title, as insured. is made a part of this policy and is subject to all of its terms and
(c) The Company shall not be liable for loss or dame,: a to the provisions. Except as the endorsement expressly states, it does not
Insured for liability voluntarily assumed by the Insured in settling any (i) modify any of the terms and provisions of the policy, (ii) modify
claim or suit without the prior written consent of the Company. any prior endorsement, (iii) extend the Date of Policy or (iv) increase
10. REDUCTION OF INSURANCE; REDUCTION OR the Amount of Insurance. Each Commitment, endorsement or other
TERMINATION OF LIABILITY. form, or provision in the Schedules to this policy that refers to a
All payments under this policy, except payments made for term defined in Section 1 of the Conditions shall be deemed to
costs, attorneys' fees and expenses, shall reduce the Amount of refer to the term regardless of whether the term is capitalized in
Insurance by the amount of the payment. the Commitment, endorsement or other form, or Schedule. Each
11. LIABILITY NONCUMULATIVE. Commitment, endorsement or other form, or provision in the
The Amount of Insurance shall be reduced by any amount Schedules that refers to the Conditions and Stipulations shall be
the Company pays under any policy insuring a Mortgage to which deemed to refer to the Conditions of this policy.
exception is taken in Schedule B or to which the Insured has agreed, 16. SEVERABILITY.
assumed, or taken subject or which is executed by an Insured after In the event any provision of this policy, in whole or in part,
Date of Policy and which is a charge or lien on the Title, and the is held invalid or unenforceable under applicable law, the policy
amount so paid shall be deemed a payment to the Insured under shall be deemed not to include that provision or such part held
this policy. to be invalid and all other provisions shall remain in full force and
12. PAYMENT OF LOSS. effect.
When liability and the extent of loss or damage have been 17. CHOICE OF LAW; FORUM.
definitely fixed in accordance with these Conditions, the payment (a) Choice of Law: The Insured acknowledges the Company
shall be made within 30 days. has underwritten the risks covered by this policy and determined the
13. RIGHTS OF RECOVERY UPON PAYMENT OR premium charged therefor in reliance upon the law affecting interests
SETTLEMENT. in real property and applicable to the interpretation, rights, remedies
(a) Whenever the Company shall have settled and paid a claim or enforcement of policies of title insurance of the jurisdiction where
under this policy, it shall be subrogated and entitled to the rights of the Land is located. Therefore, the court or an arbitrator shall apply
the Insured Claimant in the Title and all other rights and remedies the law of the jurisdiction where the Land is located to determine the
in respect to the claim that the Insured Claimant has against any validity of claims against the Title that are adverse to the Insured,
person or property, to the extent of the amount of any loss, costs, and in interpreting and enforcing the terms of this policy. In neither
attorneys' fees and expenses paid by the Company. If requested case shall the court or arbitrator apply its conflicts of laws principles
by the Company, the Insured Claimant shall execute documents to to determine the applicable law.
evidence the transfer to the Company of these rights and remedies. (b) Choice of Forum: Any litigation or other proceeding brought
The Insured Claimant shall permit the Company to sue, compromise by the Insured against the Company must be filed only in a state or
or settle in the name of thelnsured Claimant and to use the name of federal court within the United States of America or its territories
the Insured Claimant in any transaction or litigation involving these having appropriate jurisdiction.
rights and remedies. If a payment on account of a claim does not
fully cover the loss of the Insured Claimant, the Company shall defer 18. NOTICES, WHERE SENT.
the exercise of its right to recover until after the Insured Claimant Any notice of claim and any other notice or statement in writing
shall have recovered its loss. required to be given the Company under this Policy must be given to the
(b) The Company's right of subrogation includes the rights of Company at 2101 Ken Pratt Blvd., #102, Longmont, Colorado 80501.
the Insured to indemnities, guaranties, other policies of insurance or
Form ANTTX -T1 (Owner's Policy of Title Insurance
ALLIANT NATIONAL TITLE INS. CO.
OWNER'S POLICY OF TITLE INSURANCE T -1
SCHEDULE A
Name and Address of Title Insurance Company: Alliant National Title Ins. Co.
1831 Lefthand Circle; Suite G
Longmont, CO. 80501
File Number: 11 -03071 Policy Number:
Address for Reference only: N Carroll Ave (959) & Casey Ct (940, 930)
Southlake, TX 76092
Amount of Insurance: $ 15,000.00
Date of Policy: April 24, 2012 Premium: $262.00
1. Name of Insured:
City of Southlake, a municipal corporation of Tarrant County, Texas
2. The estate or interest in the land which is covered by this policy is:
Non - Exclusive Easement Estate for permanent water line as created by that certain Permanent Water Line
Easement dated April 23, 2012, by and between NEC Carroll and 114 Limited Partnership, a Texas limited
partnership and the City of Southlake, a municipal corporation of Tarrant County, Texas, filed for record
under Clerk's File No. D212097314, and re- recorded in D212098516, Deed Records of Tarrant County,
Texas.
3. Title to the estate or interest in the land is insured as vested in:
City of Southlake, a municipal corporation of Tarrant County, Texas
4. The land referred to in this policy is described as follows:
Non - Exclusive Easement Estate for permanent water line as created by that certain Permanent Water Line
Easement dated April 23, 2012, by and between NEC Carroll and 114 Limited Partnership, a Texas limited
partnership, and the City of Southlake, a minicipal corporation of Tarrant County, Texas, filed for record
under Clerk's File No. D212097314, and re- recorded in D212098516, Deed Records of Tarrant County,
Texas.
FORM T -1: Owner's Policy of Title Insurance
Schedule A (11- 03071.PFD/11- 03071/47)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
•
ALLIANT NATIONAL TITLE INS. CO.
SCHEDULE B
File No.: 11 -03071 Policy No.:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in
Schedule A and the following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert specific
recording data or delete this exception:
Covenants as recorded in Volume 388 -26, Page 4, and in Volume 388 -35, Page 52, Deed Records of
Tarrant County, Texas, but omitting any covenant or restriction based on race, color, religion, sex,
handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt
under Chapter 42, Section 3607 of the United States Code or (b) related to handicap but does not
discriminate against handicapped persons.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations,
governments or other entities.
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to
that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2012, and subsequent years;
and subsequent taxes and assessments by any taxing authority for prior years due to change in land
usage or ownership, but not those taxes or assessments for prior years because of an exemption granted
to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements
not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (The
Company must insert matters or delete this exception.)
a. 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.
b. Rights of parties in possession.
c. A 25 foot wide street reservation along the West side(s) of the property, as shown by plat recorded
in Volume 388 -26, Page 4, Deed Records of Tarrant County, Texas. (Lot 1)
d. A 15 foot wide easement along the North side(s) of the property for public utilities, as shown by plat
recorded in Volume 388 -26, Page 4, Deed Records of Tarrant County, Texas. (Lot 1)
FORM T -1: Owner's Policy of Title Insurance
Schedule B (11- 03071.PFD/11- 03071/47)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE B
(Continued)
File No.: 11 -03071 Policy No.:
e. A 25 foot building setback line along the West side(s), as shown by plat recorded in Volume 388 -35,
Page 52, Deed Records of Tarrant County, Texas. (Lot 12)
f. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded
in Volume 1303, Page 578, Deed Records of Tarrant County, Texas.
g. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded
in Volume 1349, Page 561, Deed Records of Tarrant County, Texas.
h. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded
in Volume 2224, Page 584, Deed Records of Tarrant County, Texas.
i. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded
in Volume 2499, Page 235, Deed Records of Tarrant County, Texas.
j. Abutter's rights of ingress and egress from the property described herein, as released and
relinquished by instrument executed by NEC CARROLL AND 114 LIMITED PARTNERSHIP, et al,
to the State of Texas, dated January 9, 1998, recorded in Volume 13163, Page 83, Deed Records
of Tarrant County, Texas.
k. Terms, conditions, stipulations of, and easements granted by Permanent Water Line Easement filed
for record under Clerk's File No. D212097314, and re- recorded in D212098516, Deed Records of
Tarrant County, Texas.
I. Terms, conditions, stipulations of, and easements granted by Temporaty Construction Easement
filed for record under Clerk's File No. D212097315, and re- recorded in D212098517, Deed Records
of Tarrant County, Texas.
FORM T -1: Owner's Policy of Title Insurance
Schedule B (11- 03071.PFD/11- 03071/47)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a Para obtener informacion o para someter una
complaint: queja:
You may call Alliant National Title Ins. Co.'s toll Usted puede Ilamar al numero de telefono gratis
free telephone number for information or to make de Alliant National Title Ins. Co. para informacion
a complaint at: o para someter una queja al:
(877)788 -9800 (877)788 -9800
You may also write to Alliant National Title Ins. Usted tambien puede escriber a Alliant National
Co. at: Title Ins. Co.:
2101 Ken Pratt Blvd., Suite 102 2101 Ken Pratt Blvd., Suite 102
Longmont, CO. 80501 Longmont, CO. 80501
You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain information on Seguros de Texas para obtener informacion
companies, coverages, rights, or complaints acerca de companias, coberturas, dereturas,
at: derechos o quejas al:
1- 800 - 252 -3439 1- 800 - 252 -3439
You may write the Texas Department of Puede escribir al Departamento de Seguros de
Insurance: Texas:
P.O. Box 149104 P.O. Box 149104
Austin, TX 78714 -9104 Austin, TX 78714 -9104
Fax: (512) 475 -1771 Fax: (512) 475 -1771
Web: http: / /www.tdi.state.tx.us Web: http: / /www.tdi.state.tx.us
E -mail: ConsumerProtection @tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Should you have a dispute concerning your i tiene una disputa concerniente a su prima o
premium or about a claim, you should a un reclamo, debe comunicarse con el
contact Alliant National Title Ins. Co. first. If Alliant National Title Ins. Co. primero. Si no
the dispute is not resolved, you may then se resuelve la disputa, puede entonces
contact the Texas Department of Insurance. comunicarse con el dapartamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA:
This notice is for information only and does Este aviso es solo para proposito de
not become a part or condition of the informacion y no se convierte en parte o
attached document. condicion del documento adjunto
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a Para obtener informacion o para someter una
complaint: queja:
You may call Alliant National Title Ins. Co.'s toll Usted puede Ilamar al numero de telefono gratis
free telephone number for information or to make de Alliant National Title Ins. Co. para informacion
a complaint at: o para someter una queja al:
(877)788 -9800 (877)788 -9800
You may also write to Alliant National Title Ins. Usted tambien puede escriber a Alliant National
Co. at: Title Ins. Co.:
2101 Ken Pratt Blvd., Suite 102 2101 Ken Pratt Blvd., Suite 102
Longmont, CO. 80501 Longmont, CO. 80501
You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain information on Seguros de Texas para obtener informacion
companies, coverages, rights, or complaints acerca de companias, coberturas, dereturas,
at: derechos o quejas al:
1- 800 - 252 -3439 1- 800 - 252 -3439
You may write the Texas Department of Puede escribir al Departamento de Seguros de
Insurance: Texas:
P.O. Box 149104 P.O. Box 149104
Austin, TX 78714 -9104 Austin, TX 78714 -9104
Fax: (512) 475 -1771 Fax: (512) 475 -1771
Web: http: / /www.tdi.state.tx.us Web: http: / /www.tdi.state.tx.us
E -mail: ConsumerProtection @ tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Should you have a dispute concerning your i tiene una disputa concerniente a su prima o
premium or about a claim, you should a un reclamo, debe comunicarse con el
contact Alliant National Title Ins. Co. first. If Alliant National Title Ins. Co. primero. Si no
the dispute is not resolved, you may then se resuelve la disputa, puede entonces
contact the Texas Department of Insurance. comunicarse con el dapartamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA:
This notice is for information only and does Este aviso es solo para proposito de
not become a part or condition of the informacion y no se convierte en parte o
attached document. condicion del documento adjunto
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EI€d�frt +iR efik� T NaMO mt}y71Blaas
a�i�laPlHUelIC 4 f29Y1 ai
LTG .. 1 4 ". �� � d C. PG t r 1 !}�� S1
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„ . ::: }• IF YOV ARE A ��N77r}}7��lFFY����11''EErii1OVE ON F:t En
STRIK ppf�0� 1 r O RECORDS M1 YOUR t SOC A b'f�UMIIE t RIVER's
LIC a CITY OF SOUTHLAKE
PERMANENT WATER LINE EASEMENT
TH E STATE OF T
101 KNOW ALL !BEN BY THESE PRESENTS
COUNTY OF TitRRANT
I -1AT. ` C_CARROLL and 114 LIMITED PARTNERSHIP, A TEXAS LIMITED
PART R IP, of the County of Dallas. State of Texas. for and in consideration of ONE
DOL ' , at other good and valuable considerations paid by the City of Soufhlaks, a
t • n .orpo -it inn of Tarrant County, Texas. receipt of which is hereby ackno•.vicdged,
do reby grant, 'argain and convey to said City. its successors and assigns, the tight to
cot - ,tact. r., t c! and perpetually maintain permanent Water Lines. together with all
• Lcessay ' rp -_ - rCes thereto. and with the right and privilege al any and all )hoes, le
en'-or .t or any par thereof. as is necessary to the proper use of any other
ri crar -ri I -r n, and for the purpose of constructing, reconstructing and maintaining
term•- • =nl'Ar- =r facilities, and for making connections therewith. in. upon and across that
. ce " n Its or parcel of land in Tarrant Courtly, Texas. being described as lollows.
r • with" rn tcrepcmg owner shall have the right to pave the easemerl area but
hall or - ruct no o••er improvements which would interfere with grantee's use of the
e ::-m= Igra :• her -in.
EXHI''•ITS 'A' an • "B" alta reto and made a part hereof.
TO Fl • VE AN= TO *Li I same alto the City of Sudhlake, its successors art'
ass•yrs.
n' el
WITNESS .+. HA. 4S, `t day of ' 1� 1 . 2012
EC CAR'O $:•D 11 LIB 1 PARTNERSHIP, A TEXAS LIMITED
PARTNER' I
HERBERT D. ITZ
MANAGER, N -C_ • 14 LIMITED PARTNERSHIP
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned a; ,hori, in and r _ard + aunty, on this day personally •
appeared HERBERT D. WEITZMAN nown . •ne ., be :he person ..vlio narnee-are- IS
subscribed to the foregoing instil,' :mt. an r cknot e.r!ge.. to me that thbyj the
same for the purposes and considr aeon. there' expre ed, and in the capacity therein
stated. •
r
GIVEN UNDER MY H.ANDA.ND SEAL • - OFFI ^ '. ' - day of . . 1 .:012.
r` 9 1
f ;
t,iit tWi/� - --
7 "� ' ,• , 0 . J ti, Notary P ub, i n a i c tate of ' T exas
"' Commission xp; —
"i =;;, ^,4. '"` * This easen • nt i' bein • de. again for record as a correction easement
;,'.-1 '
to correct • - na incorr L fo lati011 and to substitute for the easement
,•'!.' -_ , r ` ,, as original) recorr The r lo • ing incorrect information is being corrected:
includes Exh in "A' +n B". • - er than the stated correction, no changes
were made in the ea ent . .rig) • lion recorded, and the effective date of th
correct casement r Les b•- to • e e ective date of Mc easement as corrected
1 1110 11
Of
Page 2 of 4
c I .flL 5lrfl rr3cslt —mY�
160 1111'
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
t i o FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
UCENSE NUMBER.
CITY OF SOUTHLAKE
PERMANENT WATER LINE EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
• • LINTY OFTARRANT
0 • N _CARROLL and 114 LIMITED PARTNERSHIP, A TEXAS LIMITED
•'• RTNE - HI of the County of Dallas, State of Texas, for and in consideration of ONE
roll U.A -, - • other good and valuable considerations paid by the City of Southlake, a
mu i• -• •ra'•n of Tarrant County, Texas, receipt of which is hereby acknowledged,
• . e - .y grant, b. gain and convey to said City, its successors and assigns. the right to
..nstr 1. re.. qtr . and perpetually maintain permanent Water tines, together with all
ne.- sary ap.. s thereto, and with the right and privilege at any and all times. to
= er s • • - .. • any part thereof, as is necessary to the proper use of any other
right • - nte• er- and for the purpose of constructing, reconstructing and maintaining
• • -ne' Wat acilities, and for making connections therewith, in, upon and across that
- -rtai, ract -• parcel of land in Tarrant County, Texas, being described as follows.
no, hsta..m. • . egoing owner shall have the right to pave the easement area but
sh. I • -tr.. no olh- improvements which would interfere with grantee's use of the
eas en •rant -: -rei
EXHIBI . - and ". ", - ach he to and ade a part hereof.
TO HAV' AND 0 ., D t .- same .nto the City of Southlake, its successors and
assigns.
WITNESS •U' •.,�� `•. "' day of r, 2012.
/41
EC CARR* Ir':1`i LI . D •ARTNERSHIP, A TEXAS LIMITED
PARTNERSH
HERBERT D. W
MANAGER, NEC - . a : 114 LIMITED PARTNERSHIP
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned autho'. , in an. or :id County, on this day personally -
appeared HERBERT D. WEITZMA , now o me • be e person whple nameiare- IS
subscribed to the foregoing instrum 1• a • ackn• • ledg - . to me that executed the
4101... same for the purposes and consider- • ns - - expr: sed, and in the capacity therein
stated. •
GIVEN UNDER MY HAND AND SEAL OF • ' + day of Ala. 2012.
_
■■■■■RIlINi art -AL
`s` - oviE
..... rv.S Commission ate of Texas
�����rP114• :•.
J ' . ,, „t"' been electronically reooaled MI
s, FQ5 : ii,. True ., ",
✓ �ofTE
i ••f.x.p: E .. •�^ ry, , 9.0 I v
4.„, i
/ t Hllli) 111 ��` ```` UA - .. i :.. ,
Atlit .,14 19
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Page 3 of 4
IC101.00, EXHIBIT "A"
1110.7—) 3,066 SQUARE FOOT
PERMANENT WATER LINE EASEMENT
BEING a portion of Lot IA, OAKS ADDITION, an addition to the City of Southlake,
Tarrant County, Texas, recorded in Volume 388 -26, Page 4 of the Plat Records of Tarrant
County, Texas (PRTCT) and Lots 12A, 16A and 17A, OAKS ADDITION, recorded in
Volume 388 -35, Page 52, PRTCT, an conveyed by deed to NEC Carroll and 114, LP in
Volume 12693, Page 2065, Deed Records, Tarrant County, Texas, (DRTCT), and being
m ore particularly described by metes and bounds as follows:
B . INC at a TxDOT monument found in the northeast right-of-way of E. State
'ghwa 14 at the southeast comer of said Lot 17A, said point also being the southwest
c • , o of 18R, OAKS ADDITION, recorded in Cabinet A, Slide 12583, PRTCT, and
bei . ' c • • • nning of a curve to the left with a central angle of 02°25'55 ", a radius of
. . - t .-d a chord which bears N50°20'29 "W a distance of 244.04 feet;
.• 1 - C , I . est, along the arc of said curve and said right -of -way, a distance of
244.06 f- t t t for easement comer,
1 ' - . 51 degrees 41 minutes 29 seconds West, continuing along said right-of-
w , a dis ' ce of 79.52 feet to a point for easement corner;
T • 'C o "4 degrees 04 minutes 12 seconds West, departing said right-of-way, a
• . . of 26.27 f • to a point for easement corner,
' ' Sou'. 51 • minutes 29 seconds East a distance of 55.25 feet to a
po t 1. easem : ginning of a curve to the right with a central angle of
02' ' el r • ,, diu o . eet and a chord which bears S50°23'26 'E a distance of
234. feet;
T H E N C E • uth : , a l . ' - arc of said curve, a distance of 234.57 feet to a point in
the easy li of ' • Lot I • for - • semen( corner;
THENCE Sou 03 de.. - -: 5•• mi ores 44 - - Dods East, along said east line, a distance
of 14.07 feet to ■ c • F B r. I •' i t and containing 0.070 acres or 3,066
square feet of 1 d.
.(//)
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Electronically Recorded Page
Tarrant County Texas
Official Public Records 4/24!2012 11:46 AM D212097314
G 1 �.r. PGS �� �h �{ $116..00 F
NOTICE littpigIGHTS: IF YOU ARE A NATURAL PE RSON YO IB'A
REMOVE OR
.40
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER.
CITY OF SOUTHLAKE
PERMANENT WATER LINE EASEMENT
0 T E T • • F TEXAS
KNOW ALL MEN BY THESE PRESENTS
• • • RRANT
T. • , NE- . ��' - OLL and 114 UMITED PARTNERSHIP, A TEXAS LIMITED
• . • TN • -` County of Dallas, State of Texas, for and in consideration of ONE
DO • R, • - : o good and valuable considerations paid by the City of Southlake, a
Ii •nici• corp. - tion of Tarrant County, Texas, receipt of which is hereby acknowledged,
do - by • - n = - , - in and convey to said City, its successors and assigns, the right to
co :tr .- . rr ••• struct .. d perpetually maintain permanent Water Lines, together with all
nece sa app - - -nee thereto and with the right and privilege at any and all times, to
enter sa' • pr =mise or - ny p reof, as is necessary to the proper use of any other
right gra ted - - - in. - - . f. • pose of constructing, reconstructing and maintaining
permane Water - cilit , an• making connections therewith, in, upon and across that
certain tract • • - - of :nd in Tarrant County, Texas, being described as follows,
notwithstandin • - fo - • Din . ow - shall have the right to pave the easement area but
shall construct . . - ." -me •ts which would interfere with grantee's use of the
easement grantee h ein:
EXHIBITS "A" and ": ' acZd h- et• = nd rn- : - a part hereof.
TO HAVE AND TO HO, I t : sem = into the City of Southlake. its successors and
assigns.
WITNESS • U HANDS, thi day of� 2012.
tkl 4
• EC CARROLL D 114 • . RSHIP, A TEXAS LIMITED
PARTNERSHIP
HERBERT D. WEITZMAN
MANAGER, NEC_CARROLL and 114 LI E TN : RSHIP
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, in and for sal. C• nty, t• s d -y personally -
appeared HERBERT D. WEITZMAN, known to me to • - th- p- rson , names - are - IS
subscribed to the foregoing instrument, and acknowledge. . ,. - t ecuted the
same for the purposes and considerations therein expressed, an In OR -p- - therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFI E, this the - • of
P • .s, . 20 2.
/ r
LjP
x .41 pitiNRg
v\ %0:: J. Wi j y Notary Public "n and for The State of •
, qA
, `�(c F/ !'1iB F f
'` �� Commission xpires:
.a li ..
rE 141 A •;`-'.
�0 if <<i 442;10 �►�i�0•.
1110114,
