HomeMy WebLinkAbout1996-077J \WPDOCS\ORD\CURRAY ORD
ORDINANCE NO. " 6 r O7 /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND HAZEL WHITE
CURRAY FOR THE PURCHASE OF REAL PROPERTY FOR LANDFILL PURPOSES,
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That it approves the attached agreement between the
City of Denton and Hazel White Curray for the purchase of real
property for landfill purposes and authorizes the City Manager to
execute the agreement on behalf of the City
SECTION II. That it authorizes the expenditure of funds in
accordance with the terms of the agreement
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ah' day of ao&s-, 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY.
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Hazel White Curray
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule municipality, of Denton, Denton County, Texas, (hereinaf-
ter referred to as "Purchaser"), upon the terms and conditions set
forth herein
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 1 5 acres of land situated in Denton County, Texas,
being more particularly described in Exhibit A attached hereto and
incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertaining to the prop-
erty, including any right, title and interest of Seller in and to
adjacent streets, alleys or rights -of -way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any improvements, fixtures, and per-
sonal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth
PURCHASE PRICE
1 Amount of Purchase Price The purchase price for the
Property shall be the sum of One hundred sixteen thousand one
hundred dollars and no cents ($116,100 00)
2 Payment of Purchase Price The full amount of the Purchase
Price shall be payable in cash at the closing
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing
1 Preliminary Title Report Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a pre-
liminary title report (the "Title Report") accompanied by copies of
-Xhlb Q PAGE 1
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 re-
ceives the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Pur-
chaser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser, otherwise, this con-
dition shall be deemed to be acceptable and any objection thereto
shall be deemed to have been waived for all purposes
2 Survev Upon written request by Purchaser delivered to
Seller contemporaneously with Purchaser's delivery of an executed
original of this Agreement, Seller shall within twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, deliver
to Purchaser a current survey of the Property, prepared by a duly
licensed Texas land surveyor acceptable to Purchaser The survey
shall be staked on the ground, and shall show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks,
or other water courses, fences, easements, and rights -of -way on or
adjacent to the Property, if any, and shall contain the surveyor's
certification that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together with a metes and bounds description thereof
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey
3 Seller's Compliance Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing
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
AE2004FE PAGE 2
Exh-b,� i3
I There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers
2 Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority
3 Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof
4 (a) There are no toxic or hazardous wastes or materials on
or within the Property Such toxic or hazardous wastes or
materials include, but are not limited to, hazardous materials or
wastes as same are defined by the Resource Conservation and
Recovery Act (RCRA), as amended, and the Comprehensive Environmen-
tal Response Compensation and Liability Act (CERCLA), as amended
(b) The City of Denton assumes the risk of and agrees to
indemnify and hold Seller harmless, and to defend Seller against
and from all claims, costs, liabilities, expenses (including
without limitation court costs and attorney's fees), or demands of
whatsoever nature or source for any defects or Environmental
Problems, latent or obvious, discovered or undiscovered, in the
real and chattel property to be conveyed hereunder, causing per-
sonal injury to or death of persons whomsoever (including without
limitation employees, agents or contractors of the City of Denton,
Seller or any third party), or causing property damage or destruc-
tion of whatsoever nature or contamination to the environment
(including without limitation property of the City of Denton or
Seller, or property in its or their care, custody, or control, and
third party property), arising out of acts, omissions or events
occurring after Closing
(c) Seller assumes the risk of and agrees to indemnify and
hold the City of Denton harmless, and to defend the City of Denton
against and from all claims, costs, liabilities, expenses (includ-
ing without limitation court costs and attorney fees), or demands
of whatsoever nature or source for any defects or Environmental
Problems, latent or obvious, discovered or undiscovered, in the
real and chattel property to be conveyed hereunder, causing per-
sonal injury to or death of persons whomsoever (including without
limitation employees, agents or contractors of Seller, the City of
Denton or any third party), or causing property damage or destruc-
tion of whatsoever nature or contamination to the environment
(including without limitation property of Seller or the City of
Denton, or property in its or their care, custody, or control, and
third party property), arising out of acts, omissions or events
occurring before Closing
AEE004FE PAGE 3
BW, k
"Environmental Problems" means any cause or action under the
federal Comprehensive Environmental Response Compensation and
Liability Act of 1980 (as amended) and any cause or action arising
from similar federal, state or local legislation or other rules of
law, and private causes of action of whatever nature which arise
from environmental damage, toxic wastes or other similar causes
MISCELLANEOUS OBLIGATIONS OF PARTIES
Seller shall be allowed to occupy the property until closing
CLOSING
The closing shall be held at the office of Dentex Title
Company, Denton, Texas, on or before August 1, 1995, or at such
title company, time, date, and place as Seller and Purchaser may
mutually agree upon (which date is herein referred to as the
"closing date")
CLOSING REQUIREMENTS
1 Seller's Reguirements At the closing Seller shall
A Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements, asses-
sments, and restrictions, except for the following
1 General real estate taxes for the year
of closing and subsequent years not yet
due and payable,
2 Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of, and
3 Any exceptions approved by Purchaser
in writing
B Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Dentex Title Company,
Denton, Texas, (the "Title Company"), or such title company
as Seller and Purchaser may mutually agree upon, in Purch-
aser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property
subject only to those title exceptions listed in Closing
Reauirements hereof, 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
The boundary and survey exceptions
AEE004FE Ek I_, �_ n PAGE 4
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller,
2 The exception as to restrictive cove-
nants shall be endorsed "None of Record",
3 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", and
4 The exception as to liens encumbering
the Property shall be endorsed "None of
Record"
C Deliver to Purchaser possession of the Property on the
day of closing
2 Purchaser's Requirements Purchaser shall pay the full
cash purchase price to Seller at Closing in immediately available
funds
3 Closing Costs Through the date of Closing, Seller shall
pay all taxes assessed by any tax jurisdiction through the date of
Closing Any taxes imposed, assessed or arising because of a
change of use of the Property after closing shall be paid by
Seller
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions
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 except Purchaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate this
Agreement
AEE004FE L t h4- 13 PAGE 5
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement
MISCELLANEOUS
1 Assignment of Agreement This Agreement may not be
assigned by Purchaser without the express written consent of
Seller
2 Survival of Covenants Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein
3 Notice Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mail,
postage prepaid, certified mail, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party
4 Texas Law to Apply This Agreement 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
Denton County, Texas
5 Parties Bound This Agreement 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 Agreement
6 regal Construction In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been
contained herein
7. Prior Agreements Superseded This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subDect matter
8 Time of Essence Time is of the essence in this Agreement
9 Gender Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
AEE004FE PAGE 6
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise
10 Memorandum of Contract Upon request of either party,
both parties shall promptly execute a memorandum of this Agreement
suitable for filing of record
11 Compliance In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection
12 Time Limit In the event a fully executed copy of this
Agreement has not been returned to Purchaser within five (5) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller
13. Subject to approval of the Tarrant County Probate Court.
DATED this day of
SELLER
Clifto ite
t
BY
R b eb, Guardian
of a Pe o and Estate
of Clifton White, an
Incapacitated Person
AEE004FE E-Y-ti, b, f 6
SELLER
Hazel White Curry -Subject to approval
Den n County Probate Court
BY
es White, Guardian
PURCHASER
THE CITY OF DENTON, TEXAS
By Q"a=
Rick Svehla, Acting City Manager
215 E McKinney Street
Denton, Texas 76201
PAGE 7
STATE OF TE%A$ � 4 _ 1
COUNTY OF �jK�'(�
�� �
by T is i�t�atney�as acknowledged before me on �� ��
C��
Deborah 1 Robertson Notary y
• • Public In and to. the State of Texas
My Commission Expires 6 9 98
< M
'ewS45Bp9tled9llBgm9h&Ietl��Ipi5i5oAek§58pMMQA�s �§kSv.4�S
STATE OF TEXAS
COUNTY OF DENTON
This
• �•�AND FOR
instrument is acknowledged before me, the
by Rick Sveh1a,Actin9City Manager, of the City of
Denton, a municipal corporation, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said City of
Denton, Texas, a municipal corporation, that he was duly authorized
to perform the same by appropriate ordinance of the City Council of
the City of Denton and that he executed the same as the act of the
said City for purpose and consideration therein expressed, and in
the capacity therein stated
2 ,�i'^"eyy86 ELIZABETHJ WILLIAMS
•p- MY COMMISSION EXPIRES foT ptJBLIC AND FOR TEXAS
Nqs 14f: May 16,1997
ATTEST
JENNIFER WALTERS, C TY SECRETARY
BY 'ZiA
AP VED A TO LEGAL FORM
tERBERT L.PROUTY, CITY ATTORNEY
BY A6�1�`
[-X'hb J [� PAGE 8
NO 95-2673-1
IN RE GUARDIANSHIP OF §
THE PERSON AND ESTATE OF
CLIFTON WHITE, §
IN THE PROBATE COURT
AN INCAPACITATED PERSON § TARRANT COUNTY, TEXAS
DECREE CONFIRMING SALE OF REAL PROPERTY
On this day the�?urt heard d considered the Report of Sale of Real Property ("the
Report"), filed on LEA '/ or9G The Court finds that five (5) days
have expired since a filtng of the Report, that increase in the bond of the Guardian to a
total amount of $32,000 00 was necessary, that the sale was for a fair price, was properly
made and, was in conformity with the law Such real property is described as follows
An undivided one-fourth interest in one and one-half acres of land located in Denton
County, Texas, purchased by NEAL C WHITE (deceased) and HAZEL WHITE
(Curry) by deed dated March 3, 1957, recorded in Volume 428, Page 20 of the
Recording Records of Denton County, Texas.
It is, therefore, ORDERED, ADJUDGED, and DECREED that the sale of the above -
described real property to the City of Denton, Texas by the Guardian of the Estate of
CLIFTON WHITE, an Incapacitated Person, as described in the said Report of Sale, be and is
hereby approved and confirmed upon compliance by the purch er with the terms of the sale
as set forth in the said Report of Sale
SIGNED on this the _ /10 day of
Realm comes to.
Robert J Oheb
Attomoy at Law
614 West let Street
Fort Wordt, Tom 76102
336.5681, Stale Bar #07889500
WHITE CLRDECREE RP
199�6a�
CAUSE NO. PR-94-178
PERSON AND ESTATE OF
HAZEL WHITE CURRY
AN INCAPACITATED PERSON
X IN THE PROBATE COURT
X
X OF
X
X DENTON COUNTY, TEXAS
X
X
0 AL B.TY
On the ,=0?f1996, the Application for Sale of Real
Property, filed on White, Guardian of the Person and
Estate of Hazel White Curry, was heard and considered by the court, and, after hearing
the evidence in support of the application, the Court finds as follows
1 Citation has been issued and served as required by law, and no one
contested the application
2 The application is accompanied with an exhibit, verified by affidavit,
showing the condition of the estate, and the application and exhibit meet the requirements
of section 342 or 821 of the Texas Probate Code
3 The legal description of the real property to be sold is
All that certain tract or parcel of land, situated in Denton County, Texas, out
of the Gideon Walker Survey and being out of the Southwest corner of 138
acres of land purchased by W A Edwards from John R. Henry, and more
particularly described as follows
BEGINNING at the Southwest comer of said 138 acre tract,
THENCE East along the South boundary line thereof, 112 5 varas more or
less to the Southeast corner of a tract conveyed by W A. Edwards to S M
Bradley, County Judge of Denton County, Texas, by deed dated March 20,
1886, shown of record in Vol 31, page 109, Deed Records of Denton
County, Texas,
THENCE North with the East boundary line of said last mentioned tract,
75 13 varas to the Northeast comer thereof,
THENCE West 112 5 varas more or less to the Northwest corner of a tract
conveyed by W A Edwards to the Trustees of Rippey School by deed dated
November 18, 1881, shown of record in Volume S, page 176, Deed Records
of Denton County, Texas,
Order For Sale Of Real Property Page - 1
THENCE South with the West boundary line of said last mentioned tract 75 13
varas to the place of beginning and containing 1-1/2 acres of land, more or less,
being the same property conveyed to Neal C White and Hazel White, his wife by
Deed from W H Edwards recorded in Vol 428, Page 50 of the Denton County
Deed Records
4 The general bond of Guardian as required by law is sufficient for the
present time
5 The sale sought in the foregoing application is necessary and advisable for
the following reasons
The expense of providing for the support and maintenance of the ward is
continuing and the present funds on hand will eventually be exhausted and the funds from
the sale of the property will be needed for the support of the ward The ward has become
disabled and can no longer use the property for residential purposes and the net rental
income from the property does not amount to any substantial sum in excess of the
expenses of operating and maintaining the property and the expenses for payment of the
real estate taxes and insurance cost And further, the location of the property does not
make it desirable or attractive as a private home site because of the City of Denton landfill
near the property, and, the court having found that
6 The application should be granted, and the property should be sold
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the
property described in this order shall be sold at a private sale on the terns as set out in the
Real Estate Sale Contract attached as Exhibit B to the Application for Sale of Real
Property, which is on file herein
IT IS FURTHER ORDERED that no additional bond shall be required of the
Guardian at this time, and that after the sale has been made, a report of sale shall be
returned in the manner required by law, at which tune an order will be entered requiring
that all funds received from such sale be delivered to the Bank of America to be held for
safekeeping and invested pursuant to the order dated the 18th day of April 1994
Order For Sale Of Real Propenv Page - 2
sL
SIGNED this /o day of 1996
Order For Sale Of Real Property Page - 3
DENTEX TXTLE COMPANY
300 N. ELM, STE. 101
DENTON, TEXAS 76201
817-566-0282
FAX 817-566-6445
City of Denton
215 E McKinney
Denton, TX 76201
RE G F # 9ti-1339D
POLICY # RO-223251
PROPERTY 1 5 acres,
Denton County, Texas
Dear Madam or Sir,
Cr-__
f
.Nl 2 4 W6
Gideon Walker survey, Abstract 1330,
Enclosed herewith please find your Owner Policy of Title Insurance
on the above referenced transaction
Your original Warranty Deed was filed with the County Clerk of
Denton County, Texas It will be returned to you by the County
Clerk
If you require anything further, please do not hesitate to call
Thank you for selecting Dentex Title Company to assist you with
your title insurance needs It has been our pleasure to do
business with you
Sincerely,
/'l X-� A&'�-ew
Kellie Stevens
DENTEX TITLE COMPANY
encl
A10195
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
Issued by
RO- 223251
Alamo Title Insurance
of Texas
TABLE OF CONTENTS
PAGE
OWNER'S COVERAGE STATEMENT 1
COVERED TITLE RISKS 1
OUR DUTY TO DEFEND AGAINST COURT CASES 1
SCHEDULE A 2
POLICY NUMBER, DATE AND AMOUNT 2
1 Name of Insured 2
2 Interest in Land Covered 2
3 Description of the Land 2
SCHEDULE B - EXCEPTIONS 3
EXCLUSIONS 4
CONDITIONS 4
1 Definitions 4
2 Continuation of Coverage 4
3 Your Duties if You Make a Claim 4
4 Our Choices When You Notify Us of a Claim 4
5 Handling a Claim or Court Case 5
6 Limitation of Our Liability 5
7 Transfer of Your Rights 5
8 Arbitration 5
9 Entire Contract Provision 5
10 Complaint Notice 5
Form T 1R Texas Residential Owner Policy of Title Insurance Ettecbve January 1 1993
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R-03
1000. 1127 00
Property Cat&.• R
County Code: 121
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE PAGE 2
SCHEDULE A
G F. No 95-1339D
Policy Number: RO-223251 Issued with Policy #•
Policy Date: May 20, 1996 at 3:18 P.N.
Policy Amount: $116,100.00
Premium. $1, 127. 00
1. Name of Insured.
CITY OF DENTON, TEXAS
2. We insure your interest in the land covered by this Policy is- Fee Simple
3. Legal Description of land:
ALL THAT CERTAIN 1.5 ACRES OF LAND, MORE OR LESS, SITUATED IN THE GIDEON WALKER
SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dentex Title Company /j�
By e 4 4
Alamo Title Insurance of Texas uthorized Countersigna�
Form T-1R Texas Residential Owner Policy - Schedule A Effective January 1, 1993
EXHIBIT "A"
Al l that certain tract of parcel of land,
situated in Denton Cooly, Texas, out of the Gideon Walker Survey and being
out of die Southwest comer of 138 acres of land purchased by W. A. Edwards
from John R. Henry, and more particularly described as follows:
BEGINNING at die Southwest comer of said 138 acre tract;
THENCE East along the South boundary line thereof, 112.5 varas more or less
to the Southeast comer of a tract conveyed by W. A. Edwards to S. M.
Bradley, County .hedge of Denton County, Texas. by deed dated March 209
1886, shown of record in Vol. 319 page 109, Deed Records of Denton County,
Texas;
THENCE North with die East boundary line of said last mentioned pact, 75.13
varas to die Northeast corner thereof;
THENCE West 112.5 vows more or less to die Northwest corner of a tact
conveyed by W. A. Edwards to the Trustees of Rippey School by deed dated
November 18, 18810 shown of record in Volume S, page 176, Deed Recoils of
Denton County, Texas;
THENCE Saudi with the West boundary line of said last mentioned tract 75.13
varas to the place of beginning and containing 1-1 /2 acres of land, mom: or
less, being the same property conveyed to Neal C. White and Hazel White, his
wife by Deed from W. H. Edwards recorded in Vol 428, Page 50 of the Denton
County Deed Records.
G. F. No . 95-1339D
Policy No . RO-223251
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE PAGE 3
SCHEDULE B
EXCEPTIONS
We do not cover loss, costs, attorneys' fees and expenses resulting from.
1 The following restrictive covenants of record itemized below (We must either insert
specific recording data or delete this exception.).
This exception is hereby deleted in its entirety
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 1996 and
subsequent years, and subsequent taxes and assessments by any taxing authority for
prior years due to change in land usage or ownership
6 The following matters and all terms of the documents creating or offering evidence of
the matters (We must insert matters or delete this exception.).
a Rights of parties in possession.
b Any visible and apparent easement$ over and across said property, the
existence of which does not appear of record
c Any part or portion of the herein described property lying within the
boundaries of a public or private road or right of way.
d Any outstanding oil, gas and other mineral interest owned by others of record
in the office of the County Clerk of Denton County, Texas, including, but not
limited to the following:
Oil, gas and mineral lease from Neal C White at al to Standard Oil Company of
Texas filed July 8, 1957, recorded in Volume 430, Page 456 of the Deed Records of
Denton County, Texas.
Alamo Title Insurance of Texas
Form T-IR Texas Residential Owner Policy - Schedule B Effective Jan 1, 1993
CONTINUATION OF SCHEDULE B
G F No.: 95-1339D
Policy No.: RO-223251
*Title to said mineral leases/reservations have not been researched subsequent to
date of document.
e No liability is assumed by reason of location of fences, a portion of the
property lying within Foster Road, telephone lines, electric lines, power poles,
light poles, and concrete and gravel driveways, as shown on survey dated April 18,
1996 by J.E Thompson RPLS #4857
Alamo Title Insurance of Texas
Form T-IR Texas Residential Owner Policy - Schedule B Effective Jan 1, 1993
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H 9
In addition to the Exceptions In Schedule B we do not insure you against lose costs Star a fees and exppeenses resulting from these Exclusions
1 We do not cover loss caused by the exercise of governmental police power or the enforcement or vlolatlon of any law or government regulation This Includes building and zoning
ordinances and laws and regulations concerning
a Land use
Is Improvements on the land
c Land division
This exclusion does not apply to notices of violations or notices of enforcement that appear In the public records at Polley Date However there may be an Exception In Schedule B
We do not cover the right to take the land by condemning it unless
a a notice of exercise of the right appears In the public records on the Policy Date or
b the taking happened before the Policy Date and Is binding on you If you bought the land without knowing of the taking
We do not cover tide risks
a that ere created allowed or agreed to by you
Is that ere known to you but not to us on the Policy Date unless they appeared In the public records
c that result In no loss to you or
d that first affect your title after the Policy Date this does not limit the labor and material Ilan coverage In Item 6 of the Covered Title Risks
We do not cover the effect of fallure to pay value for your title
We do not cover lack of a right
a to any land outside the area specifically described and referred to In Item 3 of Schedule A
to In streets alleys or waterways that touch your land
This exclusion does not limit the access coverage In the Covered Title Risks
We do not cover any claim based upon allegations that your purchase of title (or acquisition of title by gift or otherwise)
a was a fraudulent conveyance fraudulent transfer voidable distribution or voidable dividend
b should be subordinated or recharactenzed as a result of equitable subordination
to was a preferential transfer unless
(1) the Company or Its Issuing agent failed to timely file for record the deed to you after delivery or
(2) the recordation of the deed to you Is not legal record notice
(We do cover the has types of claims described In is (1) and c (2) above)
We do not cover the refusal of any parson to buy lease or lend money on your land because of unmarketablllty of the title
We do not cover claims concerning the physical condition of your land or of the access to your land
CONDITIONS
a Actual, LOS This Is the difference between the value of your land without the covered title disk and the value of your lend with the covered title risk These values are the
respective values at the time you must furnish proof of your loss
Is Qocyslsd( A deed or other conveyance of title to you or a prior owner
c F99@ptsW A podlon of your land someone else has the right to use for a special purpose
d Govemmem eqI lei tlon Any federal state or local law constitutional provision regulation ordinance, or guideline
e Lttd The land or condominium unit described in Schedule A and any improvements on the land that are reel property
f Knowledge or known Actual knowledge not constructive knowledge or notice that may be Imputed to an Insured by the public records
9 modest@ A type of lien on the land such as a dead of trust or other security Instrument
In Public Records Those records required by Texas law and maintained by public officials In the county where the properly, Is located that give legal notice of matters affecting your
title
I Ilts The ownership interest in the land as shown in Schedule A
We. us or our The title insurance company This Is Alamo Title Insurance of Texas
TheFinauredRAGP_ 2 CONTINLI TION OF COVE
We Insure you as long as you
a own your Title
b own a mortgage from anyone who buys your Title or
c are liable for any Title warranties you make
We insure anyone who receives your title because of your death
We do not Insure our transferee or assignee
3 YOUR D TI S IF YOU
O MAKE A AIM
You must follow this process to make a claim
a YOU Must Give Us Notice Of Your Claim
If anyone claims a fight against your insured title you must notify us promptly
Send the notice to 613 N W Loop 410 Bt 00 San Antonio TX 78216 or call 1 800 292 5320 and ask for a claims attorney If you initially notify us by phone we recommend that
you also notify us In writing Please include the Policy number shown In Schedule A and the county where the land is
Our obligation to you is reduced or ended if
1) you fail to give prompt notice and
2) your failure affects our ability to dispose of or to defend you against the claim
Our obligation Is reduced only to the extent that your laifure affects our ability to dispose of or to defend you against the claim
b You Must Give Us Proof of Your Loss d We RecueSt It
You must send to us if we request your signed proof of loss within 91 days of our request on a standard form supplied by us Within 15 deya after we receive your notice of
claim we must request a signed proof of loss If not we waive our right to require a proof of lose This waiver will not waive our other rights under the policy The statement must
have the following information to the best of your knowledge
(1) the Covered Title Risks which resulted in your loss
(2) the dollar amount of your loss and
(3) the method you used to compute the amount of your loss
We may require you to show us your records checks letters contracts and other papers that relate to your claim of lose We may make coples of these papers
If you tell us this information is confidential we will not disclose it to anyone else unless we reasonably believe the disclosure is necessary to administer the claim
d You Must Answer Question Under Oath
Our obligation to you reduces or ends if you fail or refuse to
(1) (a) provide a statement of loss
(b) answer our questions under oath or
(c) show us the papers we request and
(2), your failure or refusal affects our ability to dispose of or to defend you against the claim
a After we receive your claim notice or in any other way learn of a matter for which we are liable we can do one or more of the following
(1) Pay the claim against your title
(2) Negotiate a settlement
(3) Prosecute or defend a court case related to the claim
(4) Pay you the amount required by this Policy
(5) Take other action under Section 41b
(6) Cancel this policy by paying the Policy Amount then in force and only those costs attorneys fees and expenses mourned up to that time that we are obligated to pay
We can choose which of these to do
b If you report to us that a covered title nsk exists we will promptly investigate to determine if that covered title risk Is valid and not barred by law or statute A covered title risk Is a
title risk that this Policy does not exclude or except
If we conclude that your claim or any pad of your claim is covered by the policy we will take one or more of the following actions to the extent that it Is covered
(1) Institute all necessary legal proceedings to,.lear the title to the property
(2) Indemnity you pursuant to the terms of the policy
(3) Issue a new title policy without making exception to the covered title risk If another Insurer issues the new title policy to your purchaser lender or other transferee without
making exception to the covered title risk we will indemnity the other insurer
(4) Secure a release of the covered title risk
c If we deny your claim or any pan of your claim not more than 15 days after we deny the claim we wilt
�1) notify you in writing and
2) give you the reasons for denlal of your claim In writing
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