HomeMy WebLinkAbout1996-266E \WPDOCS\ORD\PARK EXC
ORDINANCE NO qp2�
AN ORDINANCE MAKING FINDINGS CONSISTENT WITH SECTION 26 001 OF THE
PARKS AND WILDLIFE CODE, INCLUDING THE FINDING THAT THERE IS NO
FEASIBLE AND PRUDENT ALTERNATIVE TO THE USE OR TAKING OF 13 06
ACRES IN ABSTRACT 616 AND 1007 OUT OF SOUTH LAKES PARK IN THE CITY
AND COUNTY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A
CONVEYANCE OF THIS 13 06 ACRES OF UNDEVELOPED CITY PARK LAND TO THE
DENTON INDEPENDENT SCHOOL DISTRICT IN EXCHANGE FOR A 5 105 ACRE
TRACT OF LAND NEAR EVERS PARK IN ABSTRACT 186 IN THE CITY AND
COUNTY OF DENTON, TEXAS TO BE USED FOR PARK PURPOSES, MAKING
CERTAIN OTHER FINDINGS, MAKING THIS ORDINANCE CUMULATIVE OF OTHER
ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS
CLAUSE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Denton Independent School District ("DISD") needs
13 06 acres out of South Lakes Park to construct a new middle
school and related improvements, and
WHEREAS, the City is willing to exchange the 13 06 acres in
abstract 616 and 1007 for approximately 5 105 acres in abstract 186
near Evers Park, belonging to DISD, with both properties being
within the City and County of Denton, Texas, and
WHEREAS, an independent appraisal has determined that the
13 06 acre tract has the same fair market value as the 5 105 acre
tract, and
WHEREAS, since both the City and the DISD are governmental
entities having the power of eminent domain, there is no require-
ment for an election to be held prior to the exchange, subject to
Tex Loc Gov't Code §253 001(b), nor is there a requirement for
competitive sealed bidding, in accordance with Tex Loc Gov't Code
§272 001, and
WHEREAS, the 13 06 acres was purchased with funds from the
Land and Water Conservation Fund of the Texas Local Parks, Recrea-
tion, and Open Spaces Fund, requiring that notice be published and
a public hearing be held regarding this project prior to the actual
consummation of same, in accordance with Chapter 26 of the Parks
and Wildlife Code, and
WHEREAS, by Resolution No R96-059, passed by the City Council
on October 18, 1996, the City Council called a public hearing and
provided notice of said hearing, all in accordance with Chapter 26
of the Parks and Wildlife Code, for the purpose of receiving public
comments concerning whether the City should exchange the 13 06
acres out of South Lakes Park for the 5 105 acres near Evers Park
owned by the DISD, and
WHEREAS, on November 5, 1996, a public hearing in compliance
with §26 002 of the Parks and Wildlife Code was held in the City
Council Chambers, and public comment was received, and
WHEREAS, the City Council now wishes to make findings
consistent with 526.001 of the Parks and Wildlife Code and to
authorize the Mayor to execute a conveyance of the 13.06 acres for
the 5.105 acre tract; and
WHEREAS, both the DISD and the City, in accordance with a
Joint Use Agreement which the parties entered into on December 20,
1983, propose to jointly use the 13 06 acres for both school and
park and recreational purposes; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES.
SECTION I. That the findings in the recitations set out in
the preambles to this ordinance are true and correct, and that they
are hereby adopted by the City Council and made a part of this
ordinance for all purposes.
SECTION II. That after a public hearing and comment by the
public, in accordance with Chapter 26 of the Parks and Wildlife
Code, the City Council finds that there is no feasible and prudent
alternative to the use and taking of the 13 06 acres out of South
Lakes Park, in abstract 616 and 1007 within the City and County of
Denton, Texas, and more fully described in Exhibit "A", attached
hereto and made a part of this ordinance as if written word for
word herein, for construction of a new middle school and related
improvements and that the program or project includes all reason-
able planning to minimize harm to the land as a park, recreation
area, scientific area, wildlife refuge, or storage site, resulting
from the use or taking.
SECTION III. That the Mayor, or in his absence, the Mayor Pro
Tem, is hereby authorized and directed to execute a Conveyance and
Real Estate Contract and all other documents necessary to consum-
mate this transaction, after approval as to form by the City
Attorney, of property consisting of 13.06 acres, more or less, out
of abstract 616 and 1007 out of South Lakes Park, as more specifi-
cally described in Exhibit "A", conveying this property to the DISD
in exchange for 5.105 acres, more or less, out of abstract 186 near
Evers Park in the City and County of Denton, as more specifically
described in Exhibit "B" attached hereto and made a part of this
ordinance as if written word for word herein. This Real Estate
Contract shall be substantially in the form of the attached
contract which is made a part of this ordinance as if written word
for word herein.
SECTION IV. This ordinance shall be cumulative of all the
provisions of the ordinances and of the Code of Ordinances of the
City of Denton, Texas, as amended, except where the provisions of
this ordinance are in direct conflict with such ordinances and such
Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
Page 2
SECTION V It is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses, and
phrases of in this ordinance are severable and, if any phrase,
clause, sentence, paragraph, or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentence, paragraphs,
and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph, or section
SECTION VI That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the L� day of 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERB
M
JA MILLER, MAYOR
Page 3
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between the City of
Denton, Texas, a Texas municipal corporation (hereinafter referred
to as "Seller") and the Denton Independent School District, an
independent school district and a political subdivision of the
State of Texas (hereinafter 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 13 06 acres, more or less, of land situated in the S C
Hirams Survey abstract number 616 and the C Poullier Survey
abstract number 1007 in the City and County of Denton, 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
property, 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 hereinafter referred to
as the 1113 06 acres"), together with any improvements, fixtures,
and personal property situated on and attached to this property,
for the consideration and upon and subject to the terms, pro-
visions, and conditions hereinafter set forth
PURCHASE PRICE
1 Consideration of Purchase Price In exchange for the
13 06 acres to be conveyed by Seller above, Purchaser sells and
agrees to convey and Seller hereby purchases and agrees to pay for,
by the exchange of the 13 06 acres to Seller, the tract of land
containing approximately 5 105 acres, more or less, in the B B B
and C R R company Survey abstract number 186, situated in Denton
County, Texas, being more particularly described in Exhibit "B"
attached hereto and incorporated herein by reference for all
purposes together with all and singular the rights and appurtenanc-
es pertaining to the property, including any right, title and
interest of Purchaser in and to adjacent streets, alleys or rights -
of -way (all of such real property, rights, and appurtenances being
hereinafter referred to as the 115 105 acres"), together with any
improvements, fixtures, and personal property situated on and at-
tached to this property, for the consideration and upon and subject
to the terms, provisions, and conditions hereinafter set forth
2 Exchange of Properties The properties shall be exchanged
at the closing in full satisfaction of the Seller's and Purchaser's
purchase price
PARTIES' OBLIGATIONS
The obligations of parties 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 the other party 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") on the 13 06 acres of
land, and the Purchaser shall, at Purchaser's sole cost and
expense, shall have caused the Title Company (hereinafter defined)
to issue a title report (the "Title Report") on the 5 105 acres of
land The Title Reports shall be accompanied by copies of all
recorded documents relating to easements, rights -of -way, etc ,
affecting the properties Purchaser and Seller shall give each
other written notice on or before the expiration of ten (10) days
after Purchaser and Seller receive the respective Title Reports
that the condition of titles as set forth in the title binders are
or are not satisfactory, and in the event Purchaser or Seller
states the condition is not satisfactory, the Purchaser or Seller
shall, at Purchaser or Seller's option, promptly undertake to
eliminate or modify all unacceptable matters to the reasonable
satisfaction of the other party In the event Purchaser or 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, otherwise, this condition shall be deemed to be accept-
able and any objection thereto shall be deemed to have been waived
for all purposes
2 Survev Upon written request by either party delivered to
the other party contemporaneously with the first party's delivery
of an executed original of this Agreement, the other party shall
within twenty (20) days from the date thereof, at that party's sole
cost and expense, deliver to the other party a current survey of
the respective property, prepared by a duly licensed Texas land
surveyor acceptable to the other party 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
The parties will have ten (10) days after receipt of the
survey to review and approve the survey In the event either
survey is unacceptable, the party making objections to the survey
shall within the ten (10) day period, give the other party written
notice of this fact The party receiving the objections shall, at
that party's option, promptly undertake to eliminate or modify the
Page 2
unacceptable portions of the survey to the reasonable satisfaction
of the other party In the event the party satisfying the
ob]ection to the survey is unable to do so within ten (10) days
after receipt of written notice, the other party may terminate this
Agreement, and the Agreement shall thereupon be null and void for
all purposes and the Escrow Deposit, if any, shall be returned by
the Title Company to the other party Either party's failure to
give the other this written notice shall be deemed to be the other
party's acceptance of the survey
3 Parties' Compliance The parties shall have performed,
observed, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by either party prior to or as of the closing
REPRESENTATIONS AND WARRANTIES OF SELLER AND PURCHASER
Seller and Purchaser hereby represent and warrant to each
other, as to the respective 13 06 acres to be conveyed by Seller
and the 5 105 acres to be conveyed by Purchaser as follows, which
representations and warranties shall be deemed made by the parties
also as of the closing date
1 The Seller holds good marketable title to the 13 06 acres
and the Purchaser holds good marketable title to the 5 105 acres,
2 There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers,
3 Except for the prior actions of the parties, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the respective properties, or any part thereof, nor
to the best knowledge and belief of the parties is any such pro-
ceeding or assessment contemplated by any governmental authority,
4 The parties have complied with all applicable laws,
ordinances, regulations, statues, rules and restrictions relating
to the respective properties, or any part thereof
5 There are no toxic or hazardous wastes or materials on or
within the respective properties 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 (RCTA), as amended, and the Comprehensive Environmen-
tal Response Compensation and Liability Act (CERCLA), as amended
In the event any such toxic or hazardous wastes or materials are
found upon the respective properties, Seller shall be responsible
for the expense of removal of these wastes or materials on the
13 06 acres and Purchaser shall be responsible for the expense and
removal of these wastes or materials on the 5 105 acres upon
receipt of written notice of the presence of these wastes or
materials, or the party in receipt of said notice may terminate
Page 3
this Agreement and return same to the party sending the notice
CLOSING
The closing shall be held at the office of Dentex Title
Company, 300 North Elm, Denton, Texas, on or before January 3,
1997, Texas, or at such 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 and Purchaser's Requirements At the closing
Seller shall, with respect to the 13 06 acres and Purchaser shall,
with respect to the 5 105 acres do the following
A Deliver to each other a duly executed and acknowl-
edged Special Warranty Deed conveying good and marketable
title in fee simple to the respective properties, free and
clear of any and all liens, encumbrances, conditions, ease-
ments, assessments, and restrictions, except for the follow-
ing
1 General real estate taxes for the
year of closing and subsequent years not yet
due and payable,
2 Any exceptions approved by the other
party, subject to the other party's obliga-
tions hereof, and
3 Any exceptions approved by either
party in writing
4 Purchaser's instrument of conveyance
will contain the required restrictive cove-
nants prohibiting racial discrimination as set
forth in United States v Texas, Civil Order
No 5281 (E D Tex , August 9 and 15, 1973)
B Deliver to each other a Texas Owner's Title Policy at
that party's sole expense, respectively on the 13 06 acre
tract by Seller and the 5 105 acre tract by Purchaser issued
by Dentex Title Company, (the "Title Company") in the other
party's favor in the full amount of the purchase price,
insuring the other party's fee simple title to the Property
subject only to those title exceptions listed in Closing
Reouirements hereof, such other exceptions as may be approved
in writing by the parties, and the standard printed exceptions
contained in the usual form of Texas Owner's Title Policy,
provided, however
Page 4
1 The boundary and survey exceptions
shall be deleted if required by either party
and if so required, the costs associated with
same shall be borne by the other party,
2 The exception as to restrictive
covenants 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 Pay-
able", and
4 The exception as to liens encumbering
the Property shall be endorsed "None of Re-
cord"
C Seller shall deliver to Purchaser possession of the
13 06 acre tract, and Purchaser shall deliver to Seller
possession of the 5 105 acre tract
2 Purchaser's and Seller's Reouirements Purchaser and
Seller shall exchange the 13 06 acres for the 5 105 acres at
Closing
3 Closing Costs. Through the date of Closing, Purchaser
shall be only responsible for the payment of taxes and other
assessments, if any, through the date of Closing on the 5 105 acre
tract and Seller shall be responsible for the payment of taxes and
other assessments, if any, through the date of Closing on the 13 06
acre tract Any taxes imposed, assessed or arising because of a
change of use of the 13 06 acre tract after closing by the parties
shall be the responsibility of the Purchaser and on the 5 105 acre
tract shall be the responsibility of the Seller In particular,
the Seller shall not be responsible for roll back tax liability to
any tax jurisdiction resulting from Purchaser changing use of the
property from agricultural uses to non-agricultural uses on the
13 06 acre tract, and Purchaser shall not be responsible for roll
back tax liability to any tax jurisdiction resulting from Seller
changing use of the property from agricultural uses to non-
agricultural uses on the 5 105 acre tract
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
All real estate commissions, if any, occasioned by the
consummation of this Agreement shall be the sole responsibility of
the parties who incurred that obligation, and each party agrees to
indemnify and hold harmless, to the extent allowed by law, the
Page 5
other party from any and all claims for these commissions
BREACH
In the event Seller or Purchaser shall fail to fully and
timely perform any of its obligations hereunder or shall fail to
consummate the sale of the Property except in the event of the
other party's default, either party may either enforce specific
performance of this Agreement or terminate this Agreement
MISCELLANEOUS
1 Assignment of Agreement This Agreement may not be
assigned by either party without the express written consent of the
other party
2 Survival of Covenants Any of the representations,
warranties, 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 Legal 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 invalid-
ity, 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 subject matter
8 Time of Essence Time is of the essence in this Agree -
Page 6
ment
9 Gender Words of any gender used in this Agreement 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
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 executed and returned to Seller within
thirty (30) days after Seller executes this Agreement and delivers
same to Purchaser, Seller shall have the right to terminate this
Agreement upon written notice to Purchaser
DATED this /?� day of , 19�,/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
A AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
m
SELLER
CITY OF DENTON, TEXAS
215 East McKinney
Denton, Texas 76201
BY
JAC-W MILLER, MAYOR
PURCHASER
DENTON INDEPENDENT SCHOOL
DISTRICT
Page 7
APPROVED AS TO LEGAL FORM
RICHARD D HAYES, ATTORNEY
FOR DENTON INDEPENDENT
SCHOOL DISTRICT
STATE OF TEXAS
COUNTY OF DENTON
Tki instrument is acknowledged before me, the on the
day of 11)f 1996, by Jack Miller, Mayor 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 resolution 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
TONIREEDY
o NOTARY PUBLIC
STATE OF TEXAS NOTAR PUBLIC IN D R TEXAS
My COmMISSlon UPiras 3 2188
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, the on the
day of , 1996, by , Chairman of
the School Board, 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 DISD, that he was duly
authorized to perform the same by appropriate resolution of the
DISD School Board and that he executed the same as the act of the
said DISD for purpose and consideration therein expressed, and in
the capacity therein stated
E \WPDOCS\K\PARK EXC
NOTARY PUBLIC IN AND FOR TEXAS
Page 9
EXHIBIT "A"
LIE CO MA N &ASSOC, SURVEYING
P.O Box 686 ♦ Denton, Texas 76202-0686 ♦ (817) 565-8215
TRACT 1, 13.060 ACRES
FULD NOTES to all that certain tract of land situated in the S. C Nirema
Survey Abstract Number 616 and the C. poullier Survey Abstract Number 1007,
City of Denton, Denton County, Texas and being a part of the called 200.3908
acre tract described in the deed from the Federal Deposit Insurance Corporation
to the City of Denton recorded in Volume 3257, Page 971 of the Real Property
Records of Denton County, Texas; the subject tract being more particularly
described as follows;
BEGINNING for the Northwest corner of the tract being described herein, at a
1/2 inch iron rod found near a fence* corner post at the Northwest corner of
the said City of Denton tract and the Southwest corner of Lot 1, Block C of the
Teasley Nall Subdivision as shown by the plat thereof recorded in Cabinet B,
Page 8 of the Plat Records of Denton County;
TRENCE North 89 Degrees 55 Minutes 51 Seconds Bast with the North line of the
City of Denton tract and the South line of Block C, passing at 512.76 feet 0 3
feet North of a 1/2 inch iron rod found at the Southeast corner thereof on the
Nest right of way of Jason Drive and continuing across Jason Drive and with the
South line of Block A, in all, a total distance of 852.42 feet to a 1/2 inch
iron rod set for the Northeast corner of the herein described tract:
TBENCE South 00 Degrees 04 Minutes 09 Seconds Nast a distance of 667 18 feet to
a 1/2 inch iron rod *at;
THENCE South 89 Degrees 55 Minutes 50 Seconds Nest a distance of 852.92 feet to
a 1/2 inch iron rod set an the West line of the City of Denton tract and the
East line of the called 100.00 acre tract described in the deed to Acme Brick
Company recorded in Volume 3127, Page 930 of thr Real Property Records of
Denton County, Texas;
TRENCE North 00 Degrees 01 Minutes 35 Seconds Nest with the West line of the
City of Denton tract a distance of 667.18 feet to the POINT OF BEGINNING and
enclosing 13 060 acres of land.
slh
jd58/96058
24
5 105 ACRES T/ /
PIIWD MD:BR to All that certain tract of land situated in the B B B 4 C R R
UNItract Number let, Denton County, Texas, and being all of the
tJN! deed from Jack Ball,t)mtruction Company to Bob B Tripp
ih Volume 3035 lags 153 Of the Deed Records of Denton County
tract being more particularly described as follow
BEOINNAIO for the Northeast corner of the tract being described herein at an
iron rod found at the Northeast corner Of the Tripp tract in the South line of a
tract described in the deed to Denton Independent School District recorded in
Volume 1140 Page 234 of the said Deed Records, said point being the Northwest
corner of the tract described in the dead to the City of Denton recorded in
Volume 1196 Page 442 of the said Deed Records;
THENCE South 00 Degrees 16 Minutes 03 Seconds West along a fence with the East
line of the Tripp tract a distance of 577 79 feet to a pk nail found at a fence
corner on the North right-of-way of Windsor Drive as described in the deed to
the City of Denton recorded in Volume 1236 Page 745 of the said Deed Records,
THENCE Westerly with the North line of Windsor Drive along a curve to the left
whose radius is 538 30 feet with an arc length of 285 21 feet (chord bearing
North 86 Degrees 48 Minutes 56 Seconds Nest a distance of 281 88 feet) to the
end of said curve,
THENCE South 77 Degrees 48 Minutes 35 Seconds Nest with the North line of the
said road a distance of 39 56 feet to the Southwest Corner of the Tripp tract in
the East right -of -ray of Evers Parkway as described in the deed to the City of
Denton recorded in Volume 1166 Page 22 of the said Deed Records,
THENCE Northerly the following 5 calls
11 North 12 Degrees 07 Minutes 18 Seconds West a distance of 143 20 feet
to an iron rod found;
2) Northwesterly along the arc of a curve to the left having a radius of
852 69 feet an arc length of 148 61 feet (chord bearing North 18
Degrees 12 Minutes 21 Secwxis Nest a distance of 148 42 feet),
3) North 23 Degrees 11 Minutes 55 Seconds Nest a distance of 75 68 feet to
an iron rod found;
4) Northwesterly along the arc of a curve to the left having a radius of
242 61 feet an arc length of 96 55 feet (chord bearing North 11 Degrees
33 Minutes 45 Seconds Nest a distance of 97 87 feet),
' 5) North 00 Degrees 04 Minutes 31 Seconds East a distance of 124 56 feet
to the Southwest corner of the DISD tract,
THENCE South 89 Degrees 56 Minutes 50 Seconds East with the South line of the
DISD tract a distance of 448 52 feet to the PLACE OF BEGINNING and enclosing
5 I05 acres of land
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3d58/96111
A10191(1193)
OWNER POLICY OF TITLE INSURANCE
Issued by
MIS` 468822
Alamo Tide Insurance
of Texas
I
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTANEDI'IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ALAMO TITLE INSURANCE OF
TEXAS , a ��Q o6rporetlon,,hereln'called9the Company, Insures, as of Date of Policy shown in Schedule A,
against loss er damags, not exceeding the Amount of Insurance stated in Schedule A, sustained or Incurred by
the Insured by reason of
By
Title #o the estate or Interest described in Schedule A being vested other than as stated therein,
Any defect in or Ilan or encumbrance on the title,
Any statutory or constitutional machanic's, contractor's, or materialman's lien for labor or material having
Its incsptlon on or before Date of policy,
4 Lackofa right of access Wand from the land,
5 Lack{of good and indefeasible IN
,
The company also will<pay the costs, attorneys' fees and expenses Incurred in defense of the title, as
insured, ",only to the extent provided In the Conditions and Stipulations
ALAMO TITLE INSURANCE OF TEXAS
By �J �� 1y
President
FORM T 1 Owner Policy of Title Insurance Effective January 1 1993
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 arm by reason of
1 (a) Any law ordinance or governmental regulation (including but not limited to budding and zoning laws ordinances or regulations) restricting regulating prohibmng or relating
to (I) the occupancy use or enjoyment of the land (n) the character dimensions or location of any Improvement now or hereafter erected on the land (III) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part or (iv) environmental protection or the effect of any violation of
these laws ordinances or governmental regulations except to the extent that a notice of the enforcement thereof or a notice of a defect Ilan or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy
(b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect Ilan or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not excluding from coverage any taking that has
occurred prior to Dine of Policy which would be binding on the rights of a purchaser for value without knowledge
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 pnor to the date the insured claimant became an insured under this policy
(c) resulting in no logs or damage to the insured claimant
Ol attaching or created subsequent to Date of Policy
(a) resulting In loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest Insured by this Policy
4 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 unmarketabdity of the title
5 Any claim which anses out of the transaction vesting in the person named In paragraph 3 of Schedule A the estate or interest insured by this policy by reason of the operation of
federal bankruptcy slate Insolvency or other stale or federal creditors nghts laws that is based on either Of the transaction pealing the "fare or interest Insured by this Policy
being deemed a (fraudulent conveyance or fraudulent transfer or a voidable distribution or wadable dividend or (it) the subordination or recharaclenzebon of the estate or Interest
Insured by this Policy as a result of the application of the doctrine of equitable subordination or (at) the transaction creating the aerate or interest Insured by this Policy being
deemed a preferentad transfer except where the preferential transfer results from the failure of the Company or Its issuing agent to timely hie for recond the instrument of bensfer
to the Insured ales, delivery or the failure of such recordation to Impart notice to a purchaser for value or a Judgment or lien creditor
CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS
The following esrm4 when used in this policy mean
(a) Insured the InoUred named in Schedule A and subject to any rights or defenses the company would have had against the named MWMd those who Succeed to the
intsrosl of the gamed Insured by operation of law as distinguished from purchase mcluding but not Ilmlted to heirs distiibutees devisees survivors personal
repreaentshass mat of kin, or corporate partnership or fiduciary stacomins and specifically without limitation the following
(i) the suCceall In Inesreet to a Corporation resulting from merger or consolidation or the distribution of the assets of the corporation upon parsed or complete
Ilquklaaon
(it) the patnership successors in interest to a general or limited partnership which dissolves but does not terminate
(lit) me suCcomofs In Interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon portal or Complete
Ilqulda on
(Iv) the s re In Interest to a Joint venture resulting from the dwtobution of the assets of the joint venture upon partial or complete liquidation
(v) the successor or substitute trustee(s) of a trustee named in a written trust Instrument or
(vl) the suldeeeore In Interest to a trustee or trust resulting from the distribution of all of pan of the assets of the trust to the beneficlades thereof
(b) Insured claimant' an insured claiming loss or damage
(c) knowledge or'koown' actual knowledge not constructive knowledge or notice that may be imputed to an Insured by reason of the public raced, as defined In this policy
or any other records which Impart constructive notice of matters affecting the land
W) land the land described or referred to in Schedule A and improvements affixed thereto that by law constitute real property The term land doer not Include any property
beyond the lines of the area described or referred to in Schedule A nor any right Otte Interest estate or easement In abutting streets roads avenues alleys lam ways
or waterways but nothing herein shall modify or lima the extent to which a right of access to and from the land is Insured by this poky
(a) mortgage mortgage deed of bust trust deed or other security Instrument
(f) public records records established understate statutes as Date of Policy for the purpose of impamng constructive notice of masers relating to real property to purchasers
for value and without knowledge With respect to Section 1(a)gv) of the Exclusions From Coverage public records also shall include environmental protection hens filed in
the fecords of the Clerk of the United States district court for the district in which the land is located
(g) access legal night of access to the land and not the physical Condition of access The coverage provided as to access does not assure the adequacy of access for the use
intended
CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or intense[ in the land or holds an
Indebtedness secured by a purchase money mortgage guen by a purchaser from the insured or only so long as the insured shall have liability by reason of Covenants of
warranty made by the insured in any transfer or Conveyance of the estate or interest This policy shall not continue in force in favor of any purchaser from the insured of either (1)
an estate or interest in the land or Ili) and indebtedness secured b/ a purchase money mortgage given to 1' a insured
NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (I) in case of any litigation as set forth in Section 4(a) below or (i) in Case knowledge shall come to an insured hereunder
of any claim of title or interest that a adverse to the title to the estate of interest as insured and that might cause loss or damage for which the Company may be liable by virtue
of (his policy If prompt notice shall not be given to the Company then as to the insured all habdity of the Company shall terminate with regard to the matter or matters for which
prompt notice is required provided how ever that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only the extent of the prejudice
When after the date of the policy the insured notdies the Company as required harem of a hen encumbrance adverse claim or other defect in title to the estate or interest In
the land insured by this policy that is not excluded or excepted from the coverage of this policy the Company shall promptly investigate the charge to determine whether the lien
encumbrance adverse claim or deject is valid and not barred by law or statute The Company shall notify the insured in writing within a reasonable time of its detenn mason as
to ttie validity or Invalidly, of the Insured s claim or charge under the policy if the Company Concludes that the hen encumbrance adverse claim or defect is not covered by this
policy or was otherwise addressed in the closing of the transaction in connection with which this policy was issued the Company shall specifically advise the insured of the
reasons for its determination It the Company concludes that the hen encumbrance adverse claim or defect is valid the Company shall take one of the follcwmg actions (1)
institute the necee58ry proceedings to clear the lien encumbrance adverse claim or defect from the title to the estate as Insured (II) indemnity the insured as provided in this
policy (III) upon payment of appropriate premium and charges tl-erefor issue to the insured claimant or to a subsequent owner mortgagee or holder of the estate or interest in
the land insured by this policy a policy of title insurance without exception for the lien encumbrance adverse claim or defect said policy to be in an amount equal to the current
value of the property or if a mortgagee Policy the amount of the loan (IV) Inderfrify another title insurance Company in connection with Its issuance of a pohcy(ies) of tale
insurance without exception for the lien encumbrance adverse claim or defect (v) secure a release or other document discharging the lien encumbrance adverse claim or
defect or (w) undertake a combination of (I) through Iv) herein
R-03
1000: 1169.00
OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
CF No.: 96-1958R1
Property Catg.. L
County Code: 121
Policy No . 468822 Issued with Policy No.
Amount of Insurance: $122,528.00
Premium: $1,169. 00
Date of Policy: January 15, 1997 at 2:49 P.N.
1 Name of Insured:
CITY OF DENTON
2 The estate or interest in the land that is covered by this policy is: Fee Simple
3. Title to the estate or interest in the land is insured as vested in:
CITY OF DENTON
4. The land referred to in this policy is described as follows:
All that certain tract of land being situated in the B.B.B. & C. R. R. Company Survey,
Abstract No. 186, City of Denton, Denton County, Texas, and being more particularly
described in Exhibit "A" attached hereto and made a part hereof.
Alamo Title Insurance of Texas
FORM T-1. Owner Policy -Schedule A
Dentex Title Company
By L ____
Authorize3 Countersign re
Effective Jan ry 1, 1993
EXHIBIT "A"
5 105 ACRES
FIELD NOTES to all that certain tract of land situated in the B.B B 6 C R R.
rompany Survey Abstract Number 186, Denton County, Texas, and being all of the
tract described in the deed from Jack Bell Construction Company to Bob E Tripp
et al recorded in Volume 3085. Paoe 253 of the Deed Records of Denton County,
Texas, the subject tract being more particularly described as follows -
BEGINNING for the Northeast corner of the tract being described herein at an
iron rod found at the Northeast corner of, the Tripp tract in the South line of a
,tact described In the deed to Denton Independent School District recorded in
Volume 1140, Page 234 of the said Deed Records, said point being the Northwest
corner of the tract described isi the deed to the City of Denton recorded in
Volume 1196, Page 442 of the said Deed Records;
THENCE South 00 Degrees 16 Minutes 03 Seconds West along a fence with the East
line of the Tripp tract a distance of 577.79 feet to a pk nail found at a fence
corner on the North right-of-way of Windsor Drive as described in the deed to
the City of Denton recorded in volume 1236, Page 745 of the s4ld Deed Records;
THENCE Westerly with the North line of Windsor Drive along a curve to the left
whose radius is 538.30 feet with an arc length of 285 21 feet (chord gearing
North 86 Degrees 48 Minutes 56 Seconds West a distance of 281.08 feetl to the
end of said curves, -
THENCE South 77 Degrees 48 Minutes 35 Seconds West with the North line of the
said road a distance of 39 56 feet to the Southwest corner of the Tripp tract in
the East right-of-way of Evers Parkway as described in the deed to t¢e City of
Denton recorded in Volume 1266, Page 22 of the said Deed Records;
THENCE Northerly the following 5 calls:
1) North 12 Degrees 07 Minutes 18 Seconds West a distance of 143 20 feet
to an iron rod found,
21 Northwesterly along the arc of a curve to the left having a radius of
852 69 feet an arc length of 148 61 feet (chord bearing North 18
Degrees 12 Minutes 21 Seconds West a distance of 148 42 feet),
3) North 23 Degrees 11 Minutes 55 Seconds West a distance of 75.68 feet to
an iron rod found.
4) Northwesterly along the arc of a curve to the right having a radius of
242 61 feet an arc length of 98 55 feet (chord bearing North 11 Degrees
33 Minutes 45 Seconds West a distance of 97 87 feet),
5) North 00 Degrees 04 Minutes 31 Seconds East a distance of 124 56 feet
to the Southwest corner of the DISD tract;
THFNrE South 89 Degrees 55 Minutes 56 Seconds East with the South line of the
DISD tract a distance of 448 52 feet to the PLACE OF BEGINNING and enclosing
5 105 acres of land, MORE OR LESS ................................................... ....
G. F. No.: 96-1958R1
Policy No.: 468822
OWNER POLICY OF TITLE INSURANCE
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This Policy does not insure against lose or damage (and the Company will not pay costs,
attorneys' fees or expenses) that Nrise by reason of the terms and conditions of the
leases or easements insured, if any, shown in Schedule A and the following matters:
1. The following restrictive covenants of record intemized below (the Company must
either insert specific recording data or delete this exception):
CLERK'S FILE NO. 97-R0003055, Real Property Records of Denton County, Texas. (Deleting
therefrom any restrictions indicating any preference, limitation, or discrimination
based on race, color, religion, sex, handicap, familial status, or national origin )
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 bade 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 1997 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 under unrecorded documents
b. Easement granted to TEXAS POWER & LIGHT COMPANY from A.F. EVERS, by instrument
filed AUGUST 16, 1932 and recorded in Volume 240, Page 327, DEED Records, Denton
County, Texas
c Easement granted to TEXAS POWER & LIGHT COMPANY from CLARENCE A. TRIPP ET UX,
by instrument filed JUNE 11, 1956 and recorded in Volume 422, Page 244, DEED
Records, Denton County, Texas
d Easement granted to TEXAS POWER & LIGHT COMPANY from CLARENCE A. TRIPP ET UX,
by instrument filed AUGUST 8, 1956 and recorded in Volume 424, Page 63, DEED
Records, Denton County, Texas.
Alamo Title Insurance of Texas
Form T-1. Owner Policy -Schedule B Effective January 1, 1993
G F. No. • 96-1958R1
Policy No.. 468822
CONTINUATION OF SCHEDULE B
e Easement granted to CITY OF DENTON from BOB E. TRIPP ET AL, by instrument
filed DECEMBER 21, 1982 and recorded in Volume 1182, Page 714, DEED Records,
Denton County, Texas.
f. Liability not assumed by reason of location of fences as shown on survey dated
September 19, 1996, prepared by Wm. M. Coleman, RPLS #4001.
Alamo Title Insurance of Texas
Form T-1 Owner Policy -Schedule B Effective January 1, 1993
CONDITIONS AND STIPULATIONS Continued
DEFENSE AND PROSECUTION OF ACTIONS DUTY OF INSURED CLAIMANT TO COOPERATE
(a) Upon written (Squeal by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations the Company at Its own cost and without
unreasonable delay mall provide for the defense of an Insured in litigation in which any third party among a claim adverse to the bile or interest a insured but only es to
those stated causes of action alleging a select lien o encumbrance or other matter Insured against by this Policy The Company shall have the fight to select counsel of its
choice subject to the fight of the insured to object for reasonable cause) to represent the Insured as to those Hated causes of action and shall not be liable for and will not
Pay the fees of any other counsel The Company will not pay any fees costs or expenses incurred by the Insured in the defense of those causes of action that allege
matters not insured against by this policy
(b) The Company shall have the right at Its own cost to institute and prosecute any action or proceeding or to do any other act that in Its opmon may be necessary or
dwlrable to establish the title to We estate or interest as Insured or to prevent or reduce lose or damage to the Insured The Company may take any Appropriate action
under the Mime of this odboy whether or not"'hall be liable hereunder and shall no thereby concede liability or wawa any provision of this policy t the Company shall
exercise its rights under this paragraph Ii Shell do so ddgemy
(c) Wbenever the Company shell have brought an Action er interposed a defense as required or permitted by the provisions of this policy the Company may pursue any
htiggllon ip hnsl determine Ion by a court of competent lurlsdlobon and expressly reserves the right in Its sale discretion to appeal Irom any adverse judgment or order
(d) In
cease where thto lwltcy permits or requires the Company to prosecute or provide for the defense of any action or proceeding the Insured shall secure to the
Company the right to w prosecute or provide tlefense In the action fir proceeding and all appeals therein and permit the Company to use at Its option the name of me
Insured far thle purpose Whenever requested by the Company the Insured at the Company's expense shall give the Company all reasonable aid g) In any action or
proceeding securing evidence obtaining wlines6ea prosecuting or defending the action or proceeding or effecting settlement and (ti) in any other lawful act that In the
opinion ofahe Company may be necessary or III ble Id establish the title to the estate or interest as insured If the Company is prejudiced by the failure of the Insured to
furnish the requited cooperation the Companya obligations to the insured under the policy shall terminate including any liability or obligation to defend prosecute o
continue any litlpatron with regard to the metier or matters regmnng such cooperation
PROOF OF LOSS OR DAMAGE
In Addition to and after the noose required tattler Section 3 of these Condaxms and Stipulations have been provided the Company a proof of low a damage stigma antl swom
to by the insured Claimant shall be furnished to the Company within 91 days after the Insured claimant shall ascertain the facts gluing nee Po the bee or damage The proof of
bile or damage shall dewnbe the defeat in a Ilan or encumbrance on the tole or other rafter insured against by this Polley that Cons so to thehe basis d lees a damage and
shall state to gee esNg1 Possible, fire basis of calculating the amount Of the low or damage If the Company is prepMiced SY the Insure of gee insured daimerd r provide did
required proof of lees a damage, the Company a obligations to the Insured under the policy shall terminate Including any Its by
the f oblrpabon W defend prosecute or o ids the
any rill with regard to the matter a meftera requiring such proof of loss or damage
In addition the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for
eOxexamination Inspection and copying, at such reasonable times and pieces as may be designated by any authorized reprswntagve of the Company, aN records bode ledgers
pondence and memoranda whether coming a date before or after Date of Policy which reasonably Peaain to the joss or damage Further If requested by any
aiahaiwd rsPNOWYM a of the Dormant, the Insured claimant snail Brent its permission In wining for any authorized represeMIfi" Of the Company to ewmlm final and
leMlo n
all rreoheck
* books ledgers checks correspondence and memoranda in the custody a ry which control of a third parmasensby pariah, to the Was a damage An
designated as coin cientlal by [he insured claimant pmvkled to the Company pursuant to this Section shall net be disclosed to others unless in the reasonable
judgment of the Company It is necessary In the adminlslretion of the claim Failure of the insured claimant 10 submit fa ewminabon under oath produce other reasonably
requested Information Or grant perrMwlon to swum reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the
Company undet,this policy as to that Claim
6 OPTIONS TO PAY OR OTHERWISE BETTLE CLAIMS, TERMINATION OF LIABILITY
In case of a delm under, this policy, Me Company shall have the following additional options
(a) To Pay OrTWNW Paymepet of the Amount of lmumni
To pay or tender payment at the amount of Insurance under this Policy together with any cods attorneys low and expenses incurred by the Insured daknam which were
authorized by tie Company, up to the time of payment or tender of payment and which the Company is obligated to pay
incllud�ng amity l� O14 dlgamyton to yMN oaten all tleblllgr and obligglwne to the mauretl under Mls policy Order then M make the payment regWred shall terminate
(b) To Pay W ODeemllee B" With per"I OIMr thenecute or ntthe intinue sny litigation and the policy " of WSh Me insured Clad GNI t surrendered to the Company tin cencailetbn
g) to Pail otherwise settle with other parties for a In the name of an insured claimant any claim Insured against under this policy together with any coats, atte mays
mn
reed"' lr4UPedby the Insured claimant which were authorized by the Company up to the tkm Of Payment and whkn the Company is obligated to pay m
(III to Few a� 000 with the Insufad dBkWt the less a damage Provided for under this policy together wlth any Costs atornartra few and egeenws Incurred
by troMtured galment which were authorized by the Company up to the time of payfnsm grid which the Company is obllgaled to pay
Upon the exercise by Me Company of stater of the options provided for In paragraphs (b)(t or (11) the Compi odigebdhe to the Insured under this policy for the Claimed Ides
o damage, olhe{ than the payments required io be made shall tdrminstd including any liability or obligation to defend promise of continue any litigation
' DETERMINATION, E)ITENTOF LIABILITY AND COINSURANCE
This policy Is a contract of Indemnify against actual monetary low a damage sustained or incurred by the insured claimant who has suffered joss or damage by reason of
matters insured against by title policy and only to the extent harem described
(a) The tiabiMy of the Company under this policy shall not exceed the least of
(t the Amount of Insurance stated in Schedule A
(11) the difference, between me value Of the Insured estate or Interest as insured and the value of the insured estate of Interest subject to the detect sun or encumbrance
insured against by this Polxq at the date the insured claimant is required to furnish to Company a Wool of loss or damage In accordance with Section 5 of thew
Conditions and Stipulations
(b) In the event the Amount of Insurance slated in Schedule A at the Date of Policy is less than 60 percent of the value of the insured estate or interest or the full consideration paid for the land whichever is less or if subsequent to the Date of Polley an improvement is erected on the land which increases the value of the insured estate or interest
by as least 20 percent over the Amount of Insurance stated in Schedule A then this Policy is subject to the following
(1) where no subsequent Improvement has been made as to any partial loss the Company shall only pay the loss pro rate in the proportion that the amount of insurance
at Data Of Polley bears to the total value of the insured estate or interest at Date of Poesy or
(s) where a subsequent Improvement has been made as to any partial loss the Company shall only pay the low pro rate in the proportion that 120 percent of the
Amount of Insurance stated in Schedule A bears to the sim of the Amount of Insurance stated ,n Schedule A and the amount expended for the Improvement
The prdmsions of this paragraph shall not apply to costs attorneys fees and expenses for which the Company is liable under this policy and shall only apply to that portion of any
joss which exceeds n the aggregate 10 percent of the Amount of Insuralice stated in Schedule A
(c) The Company will pay only those costs attorneys 'lies and expenses incurred in accordance with Section 4 of these Conditions and Stipulations
APPORTIONMENT
It the land described in Schedule A consists of two or more parcels that are tot usedas a single site and a loss is established affecting one er more of the parcels but no all the
loss shall be computed and settled on a pro rate basis as if the amount of insurance under this policy was divided pro rate as to the value on Date of Policy of each separate
parcel to the whole exclusive of any improvements made subsequent to Dale of Policy unless a liability or value has otherwise been agreed upon as to such parcel by the
Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this Policy
LIMITATION OF LIABILITY
(a) If the Company establishes the title er remdves the alleged defect lien or encumbrance or cures the lack of a right of access to or from the land all w insured or takes
action in accordance with Section 3 or Section 6 in a reasonaby diligent manner by any method including litigation and the completion of any appeals therefrom it shall
have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby
(b) In the event of any litigation including itigation by the Company or with the Company s consent the Company shall have no liability for loss or damage and there has been
a final determination by a court of competent )uriiiictiun and disposition Of all appeals therefrom adverse to the title as insured
(c) The Company shall not be liable for loss or damage to any nsured for liability voluntarily assumed by the insured in settling any claim or suit without the prior wntten conwm of the Company
10 REDUCTION OF INSURANCE REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy except payments made for costs moneys fees antl expenses shall reduce the amount of the insurance pro Canto
(Continued on Reverse Side of Page)
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corLDmorreAND eTTPuuTIWN•Continued
11 LIABMry MUL9TIV&
B le n�naNy' that IN amoum a Insurance under this POW shah be reduced by am amount the Camparly rosy pay wider any paned IMu" a nlodM to which
exoePh� le 1184 Wuk B a to which the Insured gee agreed, &Named, or taken sublets, w which Is Mrealbr exewMd by an Insured and which N a charge or Ilan on
the Mate orinttrNldNWbW orrefemW to In School A and see BfesuM so paid0*11 be deemed a payment under this Polley to the insured owner
12 PAYMNNTOFLOSS.
(a) No Iaymot shah be MMW *but producing this policy for eWorNnwnt of the payment unless the policy hse been Mat or destroyed, In which can proof of lose or
discussion shah be lumhhed to to satisfaction of the Company
(b) Wherh AWWy and the extent of Ioae of damage has been deannely axed In e000Nanee with Vim Conditions and Stipulation, she loss or damage shah be payable within 30
days therNMS
1a SUBROD W*UMPAYMBMOR0PTLOW
(a) The Rphtfrgtlbrag&torl,
Whe�ver� shah here Mgedand pad adsfm under thlepolloy, ah right of subrogeaon*40"of in go CaMaPy ureffeoad by any4ot of the frsured owmem.
go
subipgatW loeftd bepmMadtoall done and 1amWles that see Insured Ole om would haw had Worst ally person or progeny in NIPM to the
claiwe m had pdby nolbeen pphad'gnquaaMdby Ma�lelyitlll ksPred badminnshed aMsisso N Oaroamall rights and fismo er"Wow Paw or poperl
�t topla foredigh at asaseot,triotion or Initiation0dgwwmjS Mphs«ruse tsso, aonpranbeorowe Ingo neg dlNtohsurWolscmantand to
na on aollolaht of a dafrn don tits hay guar to lose W gs fenced disk a 4gs Company Nei be SOMOW to MNs VU aid Mn1Wbs M the PMPWW
list the�a Payment bare 10 the Whole mount of 60 fees
If lose should No from any M Of the insured daimaM, as stated dome, that act shall not void Na policy, but this Company, In tat ereM,'shdl be reWared to pay osy
that pen 0 any IONN Insured speiM by die policy that 0*0 expeW the amount n eery Its M the Company by raw of the Impairment by Ifs Insured demam of the
Comaenyp doll of eubrwall"
(b) tun0*m RWft ApWNon4mrod Obngm
The Comppnyl right of euWopapon against non Insured collides shall exist and shall Include wafeut aMtetlon the rights of see Insured to Inconsistent, guaMnass deer
pollee of Insurance or bonds notwithstanding any lama Or condition contelned In tors Indrumords; that provide for eubrogelbn aphis by (seem of this poly
14 ARBITRATION.
Unless prohgllad by applicable law or unless this arbitration sedan is deleted by spedfl provision In Schedule B of this policy either see company or the Inured may demand
arbittutlon puruarn to the This INUMnce Arbitration Ruin of the American Arbitration Association Arbitrable mature may include but are not lensed to any controversy or calm
be~ the Company and the Insured wising out of or relating to this policy any service of the Company In ormocdon with Its INuence or she breach of a poly provision or otter
obligation All adatrable matters when the Amount of Insimenca is $1,000 000 or less SHALL BE arbitrated at the request of eiter the Company or the Insured, unless the insured
le an Individual person (as distinguished from a corporation trust partnership association or other legal entity) All amltrable mature when to Amour of Insurance Is In excess of
$1 000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arbitration pursuant to this policy and under the Rules in effect on the date the demand
for arbitration Is made or, at the option of the Insured the Rules In effect at Date of Polly shall be binding upon the parties The award may include attorneys fees soy h the awe
of the state In which the land is located Permit a court to award attorneys ins to a prevailing pant Judgment upon the awed rendered by the Adareton(s) may be entered In my
court having Jurisdiction thereof
The low of the spurs of the land shah apply to an arbitration under the Title Insurance Arbitration Rules
A copy of the Avin may be obtained Isom the Company upon request
15 LIABILITY LIMITED TO THIS POLICY POLICY ENTIRE COMPACT
(a) This poly together with all endorsements It any ended hereto by the Company Is the entire policy and contract between the insured and the Company In Interpreting any
provision of Na policy this policy shall be construed ss a whole
(b) Any claim of loss or damage whether or not boned on negligence and which arise out of the ease of the Into to the estate or Interest covered hereby or by any action
asserting Such claim, shall be restncted to this Poly
(c) No amendment of or endorsement to Na policy can be made except try a writing endorsed hereon or attached hereto signed by either the President a Vice President the
Secretary and Assistant Secretary or vehdeting officer or authorized signatory of the Company
18 SEVERABILITY
In the event any provision of the policy Is held Invalid or unenforceable under applicable law the pony shall be deemed not to include that provision and all other provisons shall
remain In full tome and effect
17 NOTICES, WHORE SENT
All nodose required to be given the Company and any statement In wndrlp required to be furnished the Company Own Include the number of this policy and shall be addressed to
the Company at 10010 San Pedro Suite 800 Son Antonio Tam 78216-3895
COMPLAINT NOTION
Would any dispute grin about your premium or &bowl a Calm that you have Ned, vented the agent or write to in Company that Issued to policy N tie problem Is
not ranked, you age may write to Tun Department o1 Insurance, P 0 Box 149001, Austin, TX 767144a1, Fax No (512) 4MIT11 This notice o1 complaint procedure IS
for Ilnormadw only and don not beoonl0 a par or condfflm of this policy