Chapel Downs (Lot 1, Block 2), 2015 - Contract of SaleORIGINAL DOCUMENT
CITY OF SOUTHLAKE
Council Action:
Ord./Res. No.
CONTRACT OF SALE Date Approved n
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is made by and between Dianne Louise Dorman of
Tarrant County Texas, (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 tract of land situated in Tarrant County, Texas, which is more particularly described as
follows:
a 112 square foot, more or less parcel of land located in the
THOMAS M. HOOD SURVEY, Abstract No. 706, 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
together with all and singular the rights and appurtenances pertaining thereto, including any
right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real
property, rights, and appurtenances being referred to in this Contact as the "Property"), together
with any improvements and fixtures, situated on and attached to the Property.
For no additional consideration, Seller further agrees to grant to Purchaser a two (2) year
Temporary Construction Easement which shall be ten feet wide, adjacent and parallel to and east
of the western property line of the Property as shown on Exhibit "D" attached hereto, which
Temporary Construction Easement shall be in the form shown on Exhibit "E" which is attached
hereto. The Temporary Construction Easement will go into effect at the time Notice to Proceed
is issued to the roadway construction contractor. Purchaser will be copied on Notice to Proceed.
Purchaser may extend the Temporary Construction Easement twice for twelve (12) month
increments in return for $1,900.00 per twelve month period paid to Seller, provided such
payment is received before the expiration of the prior term and Purchaser is notified 90 days
prior to expiration of the Temporary Construction Easement. 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 TWENTY-TWO THOUSAND AND 00/100
DOLLARS ($22,000.00) cash for the right of way and temporary construction easement as
presented in the Final Offer letter dated February 27, 2015 in Exhibit "F".
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. 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 receipt of survey, terminate this Contract 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.
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 re -inspection 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.
Unless otherwise agreed by Seller and Purchaser, Seller shall, complete all agreed repairs and
treatment prior to the Closing Date. If Seller fails to complete any agreed repairs and treatment
prior to Closing Date, Purchaser may terminate this Contract and the Contract shall thereupon be
null and void for all purposes. Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the property in its current condition.
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 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) 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 the best of his knowledge, none of the foregoing
occurred on the Property prior to Seller's ownership of the Property.
(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 , 2015, 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 Deed 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.
(2) 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."
(3) Seller's execution of such documents and instruments reasonably requested by the
title company to consummate the transactions contemplated herein.
(4) 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, terminate this Contract, and recover any amounts
paid by Purchaser to Seller or to the Title Company on account of the purchase price of the
Property. 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. The Title Company
(Escrow Agent) shall be and is hereby irrevocably instructed by Seller on any such failure of
condition 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.
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.
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 either terminate the
Contract, enforce specific performance of the Contract, or seek other remedies available at law,
in equity, or by statute. Seller's failure to satisfy Purchaser's objections under Article VI shall
constitute a default by Seller.
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 shall have all of Seller's remedies at law or in equity.
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
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 Gender. 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.
9.10 The terms of the Purchaser's Final Offer Letter, which is attached as Exhibit F,
are incorporated herein for all purposes as if set forth verbatim herein.
EXECUTED this —�l day of 10&1 jk , 2015.
SELLER:
DIANNE LOUISE DORMAN
By:
100 Ascot Drive
Southlake, Texas 76092
PURCHASER:
CITY OF SOUTHLAKE, TEXAS
By (ZkOZ--�
John Terrell, May
1400 Main Street
Southlake, Texas 76092
Attest
Lori Payne
City Secretary
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Dianne Louise Dorman, known to me (or proved to me on the oath of
or through Ste! -/)% [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.
A �IVEN UNDER MY HAND AND SEAL OF OFFICE, this the Z day of
32015.
(/- -Ve1ywll)
Notary Public in and for
The StateofTexas
My Commission Ex ires: 6/P -Vn C'; L~/�3
Typed or Printed Name of Notary
VERONICA LOMAS
My Commission Ekpires
June 6. 2016
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for said County, Texas, on this day
personally appeared John Terrell, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he is the Mayor 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 _7-11 - day of
` 32015.
TRIGGS
Notary Public. State of Texas
My Commission Expires
"•tif,Plo�` September 03, 201711
My Commission Expires:
9641-elllhe
Notary Public in and Tor
The State of Texas
Typed or PrintedWame of Notary
EXHIBIT "A"
PROPERTY DESCRIPTION
EXHIBIT "A"
County: Tarrant Pagel of 3
Street: North White Chapel Boulevard Date: June 4, 2012
HZ Job No. 01-3991-01
Description for Parcel 8
BEING, 112 square feet of land, more or less, in the William H. Hall Survey, Abstract No.
687, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed by deed to Dianne Louise Dorman, as recorded in Instrument Number
D205147498 of the Deed Records of Tarrant County, Texas (D.R.T.C.T), also being a
portion of Lot 1, Block 2, of Chapel Downs, an addition to the City of Southlake, Tarrant
County, Texas, recorded in Cabinet A, Slide 386, Plat Records Tarrant County, Texas,
(P.R.T.C.T.), said 112 square feet of land being more particularly described as follows:
COMMENCING at the northeast corner of said Lot 1 from which a 1/2 inch iron rod found
bears North 40 degrees 17 minutes 55 seconds West, a distance of 0.19 feet, also being on the
southerly right-of-way line of Ascot Drive, a variable width right-of-way, as established by
said plat of Chapel Downs, and being the beginning of a curve to the right having a central
angle of 02 degrees 54 minutes 22 seconds, a radius of 575.42 feet, being subtended by a
29.18 foot chord which bears South 88 degrees 56 minutes 47 seconds West;
THENCE, along the southerly right-of-way line of said Ascot Drive and along said curve to
the right an are distance of 29.19 feet to a 1/2 inch iron rod found at end of said curve;
THENCE, continuing along the southerly right-of-way line of said Ascot Drive, North 89
degrees 36 minutes 01 seconds West, a distance of 65.00 feet to a "X" cut set on top of brick
column on the new easterly right-of-way line of North White Chapel Boulevard, and being
the POINT OF BEGINNING having NAD 83 (HARN 1993) Texas State Plane, North
Central Zone (4202) surface coordinates of North 7033161,75, and East 2382690.03;
1) THENCE, South 44 degrees 50 minutes 27 seconds West, along the new easterly
right-of-way line of North White Chapel Boulevard, a distance of 21.01 feet to a X"
cut set on top of brick column on the existing easterly right-of-way line of North
White Chapel Boulevard as established by said plat of Chapel Downs;
2) THENCE, North 00 degrees 43 minutes 04 seconds West along the existing easterly
right-of-way line of said North White Chapel Boulevard, a distance of 15.00 feet, to a
1/2 inch iron rod found with "Landes & Assoc." cap on the southerly right-of-way
line of said Ascot Drive;
3) THENCE, departing the existing easterly right-of-way line of said North White
Chapel Boulevard South 89 degrees 36 minutes 01 seconds East along the southerly
right-of-way line of said Ascot Drive, a distance of 15.00 feet to the POINT OF
BEGINNING and containing 112 square feet of land, more or less.
EXHIBIT "A"
County: Tarrant Page 2 of 3
Street: North White Chapel Boulevard Date: June 4, 2012
HZ Job No. 01-3 991-01
Description for Parcel 8
BASIS OF BEARING: Survey control for White Chapel Boulevard is based on City of
Southlake control monuments #22, #26 & #30. Project coordinate values are State Plane
NAD 1983(HARN 1993), North Central Texas Zone 4202, adjusted to surface using a factor
of 1.000155478. To convert project coordinates back to grid (true state plane) multiply by
0.999844546.
For: Huitt-Zollars, Inc.
Eric J. Vahoudy"
Registered Professional Land Surveyor
Texas Registration No. 4862
Huitt-Zollars, Inc.
1717 McKinney Avenue
Suite 1400
Dallas, Texas 75202-1236
Ph. (214) 871-3311
Date: June 4, 2012
ERIC JOHN YAHOUDY
�..................Y..
. _ 4862 E
S
EXHIBIT "B"
PROPERTY SURVEY
I
EXHIBIT "A"
Page 3 of 3 I
THOMAS X. HOBO SURVEY ABSYRACY ft. 705
N. WHITE CHAPEL BOULEVARD
40
1 N 00'49'25" W--
-1147.86'
1147.86'
8 E
— E E E NAW
@R ILI AM H. WL SURVEY ABSTRACT No. 587
'X*N TOP
w� UWN
X X —a--
p— x
10' UTILITY ESMT_
20' BUILDING UNE S 44'5
21.01
Sq.Ft.
3.
7.5' UTILITY ESMT,4—
O O\I
LOT 1, BLOCK 2
M ui
DIANNE LOUISE DORMAN,
7.5' UTILITY ESMT
A SINGLE PERSON
INST. No. 0205147498
Z c
D.R.T.C.T. b-02'54'22'
(100 ASCOT DR.) R=575.42'
L=29.19'
CB=S 88'56'47'W
CHAPEL DOWNS CH -29.18'
CAB. A, SLIDE 386
P.R. T. C. T.
LEGEND
EXISTING ROADWAY RIGHT
OF WAY BOUNDARY LINE
RICHT OF WAY UNE 1�
PROPERTY LINE
SURVEY UNE --
EXISTING EASEMENT LINE ------------------------
P.O.C. - POINT OF COMMENCING
P.O.B. - POINT OF BEGINNING
D.R.T.C.T. - DEED RECORDS TARRANT COUNTY TEXAS
P.R.T.C.T. - PLAT RECORDS TARRANT COUNTY TEXAS
IRF a IRON ROD FOUND
0= 5/8' IRON ROO SET WITH YELLOW PLASTIC CAP
STAMPED 'HUITT-ZOLLARS', UNLESS OTHERWISE NOTED
LOT 2, BLOCK 2
RONALD B. WALLACE
VOL15240, PG.438
D.R. T.C.T.
(102 ASCOT DR.)
A PLAT OF A SURVEY
OF PARCEL 8 FOR
N. WHITE CHAPEL BOULEVARD
A 112 SQ. FT.
TRACT OF LAND IN THE
WILLIAM H. HALL SURVEY
ABSTRACT NO. 687
CITY OF SOUTHLAKE
TARRANT COUNTY, TEXAS
JUNE 4, 2012
41
I- - - -�---
2ASSOC• IRF.'
!/ -'CANOES 1L.. /
E 1
GRAPHIC SCALE
70-25' 50'
SURVEY CONTROL FOR WHITE CHAPEL BLVD. IS BASED ON
CITY OF SOUTHLAKE CONTROL MONUMENTS #22. K25 &
/30. PROJECT COORDINATE VALUES ARE STATE PLANE
NAD 1983(HARN 1993), NORTH CENTRAL TEXAS ZONE
4202, ADJUSTED TO SURFACE USING A FACTOR OF
1.000155478. TO CONVERT PROJECT COORDINATES BACK
TO GRID (TRUE STATE PLANE) MULTIPLY BY 0.999844546,
NOTES THIS MAP IS AN INTERNAL CITY OF
SOUTHLAKE DOCUMENT. ITS CONTENTS SHALL NOT BE
USED FOR ANY OTHER PURPOSE.
HZ: 01-3991-01
EXHIBIT "C"
ACQUISITION DEED
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
DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT, DIANNE LOUISE DORMAN, of the County of Tarrant, 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, does hereby grant, bargain and convey to said City, its successors
and assigns, that certain tract or parcel of land in Tarrant County, Texas, being described
as follows:
EXHIBITS "A" and "B", attached hereto and made a part hereof.
TO HAVE AND TO HOLD that said conveyed property unto the Grantee for the purposes
herein set forth, Grantor hereby binds itself, its successors and assigns, to warrant and
forever defend the said conveyed property and rights granted herein unto Grantee, its
successors and assigns every person whomsoever lawfully claiming or to claim the same
or any part thereof.
WITNESS MY HAND, this the day of '2015.
.
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, in and for said County, on this day personally
appeared DIANNE LOUISE DORMAN, known to me to be the persons 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 OFFICE, this the Z-� day of `Y���, 2015
�t AHY F, e(i
C,
N n�A#P� i i esxa
C o fres: June 6, 2016
r.
PARCEL NO. 8
EXHIBIT "D"
TEMPORARY CONSTRUCTION EASEMENT
< .y
TEMPORARY
CONSTRUCTION i
EASEMENT
` t ; 10' UTILITY
47
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10• UTILITY ESMT. 110• UTILITY ESMT. 10• UTILITY ESM T.
1, ; TEMPORARY I I T
,CONSTRUCTION I 7,5* UTILITY ESMT. , E
-EASEMENT I I 1 LOT 21, BLOCK 1 y
LOT 13, BLOCK Z I LOT 1, BLOCK 2
(101 ASCOT DR.),l
ELMONT PLACE CIR.7dza,
7.5'011LITY ESMT. I i (100 ASCOT DR.) I a . 7
LOT 12, BLOCK 2
1 BELMONT PLACE CIR.)
EXHIBIT "E"
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
DIANNE LOUISE DORMAN
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 Dianne Louise Dorman by the deed recorded in Instrument Number D205147498 of
the Deed Records of Tarrant County, Texas for the purposes of constructing necessary roadway
facilities.
The temporary construction easement will be adjoining the western boundary line of said Property
Line. 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 demolition and construction of screen wall and retaining
wall 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 right of way of record upon final acceptance by the City of the Contractor's work.
/Per ssi n and access "nted this, the �da�
a71t1:isI=811011169=11161:72 011
F-103AZ101714=111c3=1, I=,rr
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally
appeared DIANNE LOUISE DORMAN, 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 day of / & A , 20L5
NOTARY SEAL
VERONICA LOM
My Commission Ei
June 6, 2016
PARCEL NO. 8
P[ ilo
Notary Public, State of Texaas�,
I /cil' 011 t 'C.1/0,*1& J
Notary's Name (Printed)
2, ( / zo I6
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
EXHIBIT "F"
FINAL OFFER LETTER
(..I I ) ( )I
SOUTHLAKE
19
Public Works Administration
March 24, 2015
E-mailed to intlfreightgirl@hotmail.com
Dianne Dorman
100 Ascot Drive
Southlake, TX 76092
Re: FINAL OFFER:
REVISED
Dear Ms. Dorman:
100 Ascot Drive, Southlake, Texas
City of Southlake Road Widening Project
A 112 square foot (.0026 acre) permanent right of way, all trees
and shrubs within six feet of the proposed retaining/screen wall
and a ten foot wide temporary construction easement being located
in the WILLIAM H. HALL SURVEY, abstract No. 687 in the City
of Southlake, Tarrant County, Texas
The City of Southlake (City) is in the process of acquiring the permanent right of way necessary
for the widening of White Chapel Blvd. which is needed to serve the existing development in the
City, and is necessary to serve the public health, safety and welfare. In accordance with the
City's procedure for right of way acquisition, the City hereby extends a final offer for your
consideration.
The City has previously provided you with a copy of the City's appraisal report on the above -
referenced property and the Landowner's Bill of Rights.
The City has met with you and taken your concerns into consideration. The City is prepared to
make a final offer for the permanent right of way, the temporary construction easement,
contributory value of the planter box and all trees and shrubs within six feet of the wall on the
property needed by the City for this project. The City Council has authorized me to make a final
offer of $22,000. The closing will be through a title company and all closing costs will be borne
by the purchaser.
• Right Of Way (112 sf * $10/sf rounded) $1,100.00
• Contributory Value (planter box) $7,200.00
• 10 -foot Temporary Construction Easement (2 years) $3,800.00
• 6 Large Trees at $1,000 each (within TCE) $6,000.00
• 1 Small Tree at $500 each (within TCE) $ 500.00
• 6 Large Multi -Branch Shrubs at $250 each (within TCF.) $1,500.00
• Additional compensation for "offset changes" $1,900.00
Total: $22,000.00
N. White Chapel Widening from Emerald Blvd. to SH 114 Page 2 of 3
Parcel 8 —100 Ascot
Your request to replant trees that are located on the outside of the screen wall to the inside of the
screen wall is granted at your expense. The city staff forestry expert has determined that the
trees, crepe myrtles, are of a species that should readily transplant.
The City will retain the services of a Certified Arborist and professional tree trimming company
that will be available to provide pre -construction and construction tree trimming and tree
protection services in order to minimize stress around the surrounding trees within the TCE.
This offer includes $8,000 for trees and shrubs located within the TCF,. This is compensation for
the trees should any trees die during or post -construction. This compensation is intended to
avoid a burden of proof situation between the City and Property Owner as to the cause of distress
to the tree, i.e. disease, drought, or construction activities. All efforts will be made to protect the
trees during construction and the City will not seek reimbursement of this compensation post -
construction when all the trees are in good health.
The temporary construction easement is for a period of two (2) years from the time of notice to
proceed issued to the roadway construction contractor. Should it be necessary to extend the
temporary construction easement beyond two years, additional compensation will be made to
you at a rate of $1,900 per year that the temporary construction is needed.
Due to sight visibility issues and the desire to save the large tree adjacent to your driveway, the
screen wall can not be constructed as it exists with the brick continuing at a height of seven (7)
feet. The City is proposing to continue the brick "knee wall" at a height of approximately
eighteen (18) inches with wrought iron fencing on top. A conceptual rendering has been
provided to you. The wrought iron fencing will not have brick columns as these would be
considered obstructions in the sight visibility triangle.
During the construction process, the existing screen wall will be removed and replaced with a
similar screen wall to be located in City right of way. During this period an eight foot temporary
screen fence will be placed within the ten (10) foot temporary construction easement. The
construction contract and specifications will contain an option for the temporary screen fence to
be an impact resistant barrier with screened chain-link fence on top. Once the permanent screen
wall/retaining wall is in place all the temporary fencing will be removed and the TCE restored
with sod and/or landscaping that is in place at the time the TCE goes into effect.
Construction of approximately fifty (50) feet along Ascot Drive will be required in order to make
a smooth transition from Ascot Dr. to N. White Chapel Blvd. This construction will extend
beyond your western driveway approach which will be replaced to equal or better condition and
will match existing. I have included an exhibit showing the extent of construction on Ascot Dr.
Throughout construction you will have access to the eastern driveway and to the garage. As
with all City initiated Capital Improvement Projects, the conditions of the adjacent properties
effected by construction are restored to equal or better condition. The operation of the electric
gate across the driveway will be tested, in your presence, prior to the demolition and
reconstruction of the screen wall/retaining wall. Every effort will be made to keep the electric
gate in noted operation throughout construction. It appears the brick column that supports the
electric gate and controller can remain intact. The construction plans call for the new screen wall
to match existing brick. The gap that will be created between the brick column and new face of
screen wall will be filled in with brick screen wall to match. Should the contractor not be able to
Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork
N. White Chapel Widening from Emerald Blvd. to SH 114 Page 2 of 3
Parcel 8 —100 Ascot
match the existing brick, the column supporting the electric gate can be reconstructed with brick
to match the new screen wall. Should the column need to be reconstructed, the electric gate
would not be operational during the reconstruction of the column. A reconstructed column, if
needed, would be equal to or better than the existing column and will include the replacement of
any appurtenances such as electrical outlets, lighting, solar panel for gate operation, etc. The
contractor will be confined to work within the right of way and 10 -foot temporary construction
easement (TCE). Any irrigation, electric lines, mailboxes etc. that are damaged during
construction will be repaired or replaced to equal or better condition at no cost to the property
owner. If the mailbox needs to be removed and/or replaced, a temporary mailbox will be set
during the interim period between removal and replacement. Temporary irrigation will be
provided in the TCE for any zones or lines cut/capped during construction. Temporary irrigation
may be in the form of above ground piping/sprinklers or water truck watering appropriately.
In your email response you have requested an additional $10,300 above the City's initial offer of
$19,700. 1 am currently authorized to increase this offer by $2,300 for a total final offer of
$22,000.
If you are agreeable to the request, please contact me and I will prepare a contract of sale and
will initiate the closing process with a title company. If you do not agree with the enclosed
appraisal, or if you would like to discuss it in more detail, please contact me. We do request that
counter offers be accompanied by a supporting certified appraisal.
Time is of the essence for this vital transportation improvement project, therefore we are asking
for a response to our offer within 14 days. Time will be allotted in the right of way acquisition
process for you to obtain an appraisal to support a counter offer. However, we request that you
please provide the City an executed agreement with a certified appraiser for our files.
Thank you for your consideration. Please feel free to contact me with any questions or concerns
at (817) 748-8101 or sanderson@ci.southlake.tx.us.
Sincerely,
Steven D. Anderson, P.E., CFM
Civil Engineer
cc: File
Cheryl Taylor, P.E., Deputy Director of Public Works/City Engineer
Attachments: Limits of Ascot roadway construction exhibit
Sight Triangle exhibit
Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork
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