HomeMy WebLinkAbout2014-064sAlegal\our documents\ordinances\Wmiles land counteroffer ord.doc
AN ORDINANCE OF THE CITY OF DENTON TEXAS AN ORDINANCE AUTHORIZIN
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE AGREEMEN
BY AND BETWEEN OF 1 MILE
LAND COMPANY, INC., A TEXAS CORPORATION (THE "OWNER"); AS SELLER, T
ACQUIRE (1) FEE SIMPLE TO A 0.586 ACRE TRACT SITUATED IN THE MORREA
FORREST SURVEY, ABSTRACT NO. 417, LOCATED IN THE CITY OF DENTO
DENTON COUNTY, TEXAS, AND BEING GENERALLY LOCATED IN THE 600 BLOC
OF SOUTH MAYHILL ROAD; FOR THE PURCHASE PRICE OF ONE HUNDRE
THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($100,700.00), AND OTHE
CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (TH
"AGREEMENT"), AS ATTACHED HERETO ♦ ,, MADE . PART
t. R HEREOF
DATE."A", AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING A�
EFFECTIVE
WHEREAS, the City of Denton ("City") made an Initial Offer (herein so called) to the
Owner to purchase the Property Interests, pursuant to Ordinance No. 2012-313, passed and
approved by the City Council of the City of Denton on November 6, 2012;
WHEREAS, Owner has made a counteroffer to the Initial Offer of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of
$100,700.00 and other consideration, plus costs and expenses, all as prescribed in the Purchase
Agreement; and (ii) any other documents necessary for closing the transaction contemplated by
the Purchase Agreement; and (b) to make expenditures in accordance with the terms of the
Purchase Agreement.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPIMVED this the —1wu...� day of _m"alla—h ............. '2014.
MAR k A.'131-JIM OUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARI
.0
M
5 NOUN
ramwoww&w —
By:
EXHIBIT "All - to Ordinance (Property Interests)
Arthur Surveying Co., Inc.
-z-,jz!.v.v*).n-aj -r-ana
P.O. Bok 54 — Lewisville, Texas 75067
Ofj-,100-, (972) 221-9439 — Pax-.(972) 221-4675
EXHIBIT (CX91
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M104
0.586 Acre
City of Denton, Denton County, Texas
BMNG all, that certain lot, tract or parcel of land situated in the MOTTeku Forrest Survey, Abst.r4ctNumber417, I city
of Denton, Denton County, Texas, and being pall of it tract of land described by deed -to -Miles .L.and..Company,
recorded under County Clerk's'File Number 2000-3838, Real Property Records, Denton County, Texas
(R,P.R,D,C.T;), and being more particularly described as follows:
BEGINNING at ' a 1/2 inch iron rod with yellow cap stamped "Arthur Surveyi119 Company" (A. S.C.) found for the
northwest comer of said Miles Land Company tract and the southwest comer of a tract of land described by deqd to
the City of Denton, recorded wider County Clerk's File Nwnber 97-19639, R.P.11,13.C.T., and being in Mayhill
Road;
THE- NCE North 75 degrees 28 minutes 16 seconds East, with the north line of said Miles Land Company tract and
a south line of said City of Dentou tract, a distance of 85.75 feet to a 1/2 inch iron rod with yellow cap stamped
"A.S.C." set fbr corner at the beginning of a non -tangent curve to the right, having a radius of 2567.50 feet;
'rHE NCE over and across said Miles Land Company tract, with said curve to the right, having a central angle of 03
degrees 46 minutes 24 seeonds, whose chord bears South 06 degree,% 30 minutes ' 45 seconds West a distance of
169.05 feet, an are length of 169,08 feet to a 112 inch iron rod with yellow cap stamped "A.S.C." set for comer;
TIWi,NCE South 08 degrees 23 minutes 57 seconds west, over and across said Miles Land Company tract, a
distmice of 233,39 feet to a VK!'Nail set in asphalt for comer in the north line of a tract of land described by deed
to Kukahl Corporation Solutions, Inc., recorded wider Instrument Number 2009-137926, Official Public Records,
Denton County, Texas;
THENCE North 87 degrees 25 minutes 15 seconds West, over and across said Miles Land Company tract and with
the north line of said Kukahi Corporation tract, a distance of 46.59 feet to a' lTK" Naail set in asphalt for comer in the
west line of said Miles Land Company tract and the northwest comer of said Kukahii Corporation tract, and being in
Mayhill Road;
THENCE North 02 degrees 33 minutes 51 seconds East, with the west line of said Miles Land Company bract and
in Mayhill Road, a distance of 375.62 feet to the POINT OF BEGINNING and containing 0.586 acre of land, of
which 0.118 lies within existing Mayhill Road.
C1107131-15
Parcel M104
FAMBIT "All - to Ordinance (Property Interests)
p:
JP. 0. Bk
100 0 so 100
SCALE: V-100'
Bearings shown hereon based on the City of
Denton GIS Network.
0 F
NOTES:
19 lox
IRR = 1/2" Iron Rod Found
• C.jR,V. - 1/2" Iron Rod Found
with yellow cap stamped
A
"Arthur Surveying Company"
9
I.R.S. — 1/211 Iron Rod Set with
E
4-1
1
yellow cap stamped "Arthur
r 14
Surveying Company"
All improvements not shown hereon,
NEW-21%0,114
90,21
New Right-of-way 0.468 ac. (20,379)
Existing Implied Dedication 0.118 ac, (5,158 sq. 11.)
0.586 Acres (25,537 sq. fl.)
Right -of -Way
Parcel Ml
M
SURVEYOM CERTMCAMM
no andpW d=4 h=by=66, to thAt
jurvq Wsm " dqngdoM MOST6nd Of the
damp.dyjo$a,ydmedWdh=w&ud lit oor-1, aid
to tho hat ornly kwwla m UMM —.0 v1sibla
dlgctepmolcs, waftts, mhotISPE in are., bound"Y
11aa waNdio oawitdmoulm, rMONVIng Of
jn4WV,oM an tA, vVilsh to of way thAt I
hAvo bm advisod ofdX0CPf a shok her eon,
EXHIBIT "B"
MaKhlll Road
Right —of of—Wa
Parcel MIOZ
0.586 Acre
Morreau Forrest Survey,
Abstract Number 417
City of" Denton
Denton County, Texas
City of Denton
C.C.#97-19039
C.
C1
ifflea Laud Company
C.C,#2000-38aa
(remainder)
Shin Al Group, Ino..
bmtkument No. 9010-16003-
00
04V
Nalt get—
.30' Access Eas,Men
Instr. No, 2010-16096
Kukahi Corloratlon solutions, [no.
1netrlrn--t No, 2009-137926
I.R.F.
LINE TA
Ll "28!16"E
L2 N87025'15"W 1 46,59'
ClVE TABLE
# Radius I Len I Dolta --A Chord
Cl 12567.50' 11 IN I 90-6-30'45"W
AMg �
!1d'smi,eyorls
P.O.Box IS4 -Lewisville, Texas 76067- 1 -
Office: (972) 221-9439 Fax: (072) 2214675
Estatblished 1966 . .
—2011—
Sep Uzi eu13 J: U-It-M Hr LHbLKJL 1 rHX p. 4
W1
I , DISCUSS O 1 •'
'rONIS ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP TH
$, IM OR AGREEMENT CONF)IDENTIAL, UNLESS THE OFFER OR AGREEMENI
PURCHASE AGREEMENT (the "Agreement') is dated
201 but effective as of the date provided below, between Miles La"Comany, Inc., a Texas
core radon (referred to herein as "Owner") and the City of Denton, Texas C'CiW).
WITNESSETH:
Miles Land Company, Inc., a Texas corporation, is the Owner of a tract of land
`Land") in the Morreau Forrest Survey, Abstract Number 417, Denton County, Texas,�being
f d by the public improvement project. called the Mayhill Road Widening and
Project ("Project'; and
City is in need of certain fee simple lands, being a part of the Land, related to
= M
SAS, it is desirous of both parties to stipulate and agree to the terms and conditions
l with the purchase of the necessary real property interests for the Project;
Sep uJ duli J: U-If-M HP LHSLKJE I rHx p. 5
N W, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
c(ansi eration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
1. A At Closing, the Owner shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservations described below, the
tract f land being described in Exhibit "A' and depicted in Exhibit "B" to that certain Special
W ty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty
Deed eing attached hereto as Attachment 1 and made a part hereof.
The,,al Warranty Deed shall be in the form and upon the terms as attached hereto and
%I o rated herein as "Attachment 1".
B. r, subject to the limitation of such reservation made herein, shall reserve, for itself, its
sum sors and assigns all oil, gas and other minerals in, on and under and that may be produced
from a Fee Lands. Owner, its successors and assigns, shall not have the right to use or access the
surface of the Fee Lands, in any way, manner or form, in connection with or related to the reserved
oil, g s, and other minerals and/or related to exploration and/or production of the oil, gas and other
minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands
for a location of any well or drill sites, well bores, whether vertical or any deviation from vertical,
watei wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other
utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any 4ther infrastructure or improvement of any kind or type in connection with or related to the
oil, gas and other minerals, and/or related to the exploration or production of same.
As u ed herein, the term "other minerals" shall include oil, gas and all associated hydrocarbons, and
shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method; operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent
of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in
with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
2
UJ ?_UIJ J:U'/HM HP LHUENJtl FHX I°•6
As us herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. A ° consideration for the granting and conveying of the F+ Lands to the City, the Cit sha
bSIG ,a�
to Ov% ner at Closing the suar of
1 0% o .oa•
CC The monetary compensation prescribed in this Section 2 is herein referred to as the
"To Monetary Compensation".
3, a Owner shall convey and grant to the City the Fee Lands free and clear of all debts, liens and
other encumbrances (the "Encumbrances"), The Owner shall assist and support satisfaction of all
elos` requirements of the City in relation to solicitation of releases or subordinations of the
Eric brences and other curative efforts affecting the Fee Lands, if necessary in the discretion of the
City, In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing,
such h ll not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) mdvitig the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Ece Lions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City Jhatl have no further obligations under this Agreement.
4.�vmer stipulates that the Total Monetary Compensation payment constitutes and includes all
corn nsa.�tion due Owner by City related to -the Project and the transactions contemplated by this
,Agre ment, including without limitation, any damage to or diminution in the value of the remainder O of rer's property caused by, incident to, or related to the Project, value of, damage to and/or costs
of repair. replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
other structure or facility of any kind within the Fee Lands related to activities conducted pursuant
to the City ownership of the Fee Lands, interference with Owner's activities on other property
ists of Owner, caused by or related to activities related to the Project on the Fee Lands, whether
ante in now or hereafter, and Owner hereby releases for itself, its successors and assigns, the City,
93
Sep UJ aulJ J: U*Ivm HP LHSERJE1 FHX p.7
it's officers, employees, elected officials, agents and contractors from and against any and all claims
it =N have now or in the future, related to the herein described matters, events and/or damages.
5. n ke Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting, as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the
Closbig Date, as' described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closi a Date shall be the next resulting business days.
6. Tie stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
owneT through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in w2tual
ch Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closi 3g Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Land,% for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
resuul of such proration is that the .Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) and City shall pay for those
taxes attributable to the period commencing as of the -Closing Date. All other typical, customary and
stan closing costs associated with this transaction shall be paid specifically by the City, except
for wner's attorney's fees, if any, which shall be paid by Owner. tT
Cary
7. lie date on which this Agreement is executed by the 6wxer shall be the "Effective Date" of
A - merit,
r
S.A. In the event Owner shall default in the performance of any covenant or term provided herein,
and ch default shall be continuing after ten (10) days written notice of default and opportunity to
cures City may' exercise any right or remedy available to it by law, contract, equity or otherwise,
without limitation, the remedy of specific performance.
4
Sep uj euid J: u rrn Hr LHSt,K,Jt 1 1--HA P. ff
B. In{
such
10. F
shall
be bi
the event City shall default in the performance of any covenant or term provided herein, and
efault shall be continuing after ten (10) days written notice of default and opportunity to cure,
• may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
I notice of such election to City; or (ii) enforce specific performance of this Agreement.
E LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
RMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON
Ty, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
,Y IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
and after the Effective Date of this Agreement, through and including the Closing, Owner
(i) convey or lease any interest in the Fee Lands; or (ii) enter into any agreement that will
g upon the Fee Lands, or upon the Owner with respect to the Fee Lands, after the date of
11. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
deli°v=d by telephonic facsimile, hand delivery or by United. States Mail, as described herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
CITY:
Miles Land Company, Inc. City of Denton
a Paul Williamson
9 Real Estate and Capital Support
901-A Texas Street
Ply e .. Denton, Texas 76209
Tel tar: __.___ Telecopy: (940) 3�49-8951
to:
5
Sep UJ eula J: UUVM HV LHStFtJt 1 I -HA
P. .
Teleo6py-
FoLQbL
Richard Casner, First Assistant City Attorney
City Attorney s O ffiee
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
12. is Agreement constitutes the sole and only agreement of the parties and supersedes any
prior derstandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. -r represents and warrwAs to City that it possesses the full power and authority to sell and
cony y the property as provided in this Agreement and that all requisite action to authorize Owner to
enter into this Agreement and to carry out Owner's obligations hereunder, including the grant of
auth Irity to the person executing this Agreement for and on behalf of Owner to bind Owner to the
hexeof, have been taken.
14. ' he representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
thre itened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands, City may, at its election, terminate this Agreement at any time
to Closing.
OF DENTON, TEXAS
,GF, C. CAMPBELL,
MANAGER
2013
Sep 03 EU13 3:06PM HP LHSLRJLI FHX
Date: 1 . y .. __ 2013
,0VED AS TO LEGAL FORM:
A BURGESSo CITY ATTORNEY
Date:® 2013
MULES
x.
Thie-
Date: a,suAtti .3 , 23' oLo t4
VA
r-
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as fizrther set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
Printed Name:
Title:
Contract receipt date: , 2013
IUD
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS -FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That Miles Land Company, Inc., a Texas corporation (herein called "Grantor"),
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other
good and valuable consideration to Grantor in hand paid by the CITY OF DENTON,
TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E.
McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby
acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY, unto Grantee all the real property in
Denton County, Texas, being particularly described in Exhibit "A" and depicted in
Exhibit `B", attached hereto and made a part hereof for all purposes, and being located in
Denton County, Texas, together with any and all rights or interests of Grantor in and to
adjacent streets, alleys and rights of way and together with all and singular the
improvements and fixtures thereon and all other rights and appurtenances thereto
(collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Property. Grantor, its successors and assigns shall not have the right
to use or access the surface of the Property, in any way, manner or form, in connection
with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without
limitation, use or access of the surface of the Property for the location of any well or drill
sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any kind or type in connection with
or related to the reserved oil, gas and other minerals, and/or related to the exploration or
production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining
or other exploration and/or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "other minerals" as utilized herein, shall be in accordance with that set forth
in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
1. Easement executed by I. D. Moore to Texas Power & Light Company filed June
16, 1936, recorded in Volume 257, Page 607, Deed Records of Denton County,
Texas. (Blanket Easement)
2. Easement executed by W. T. Evers to Texas Power & Light Company filed
September 24, 1936, recorded in Volume 259, Page 588, Deed Records of Denton
County, Texas. (Blanket Easement)
3. Easement executed by W. T. Evers to Texas Power & Light Company filed
December 10, 1964, recorded in Volume 516, Page 610, Deed Records of Denton
County, Texas. (Blanket Easement)
4. Easement executed by Ann C. Stark et al to GTE Southwest Incorporated filed
December 1, 1993, recorded under CC# 93-R0086456, Real Property Records of
Denton County, Texas.
5. Terms and provisions and conditions of Easement Agreement for Access,
executed by and between MILES LAND COMPANY INC., KUKAHI
CORPORATE SOLUTIONS, INC. AND SHIN Al GROUP, INC., filed,February
Page 2 of 4
22, 2010, recorded under CC# 2010-16096, Real Property Records of Denton
County, Texas; as shown on survey dated August 10, 2012, prepared by John M.
Russell, RPLS# 5305.
6. Mineral lease granted by W. T. Evers et al to Standard Oil Company of Texas
described in instrument filed April 8, 1955, recorded in Volume 405, Page 433,
Deed Records of Denton County, Texas.
7. Undivided 1/16 interest in Oil, Gas and other Minerals reserved in deed from R.
R. Brubaker and wife, Bess Brubaker to D. L. Moore filed November 29, 1926,
recorded in Volume 209, Page 171, Deed Records of Denton County, Texas.
8. Undivided 1/16 interest in Oil, Gas and other Minerals reserved in deed from
Lotta C. Callahan et al to Lone Star Gas Company filed December 16, 1966,
recorded in Volume 544, Page 660, Deed Records, Denton County, Texas.
9. Fence encroachments as shown on survey dated August 10, 2012, prepared by
John M. Russell, RPLS #5305.
This Deed is subject to that certain Purchase Agreement, dated on or about March
4, 2014, by and between Grantor and Grantee.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
EXECUTED the day of , 2014.
Miles Land Company, Inc., a
Texas corporation
BY
Name: MR."i 11 1� ..,le. ,m 1 .Y
Title: President
Miles Land Company, Inc., a
Texas corporation
Name- O D 1"A
i
_..
Title: Secretary
Page 3 of 4
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
f 1 i as traamc� was ° racav�c c !before me on �" 2014 by
corporation, on ehalf ( said corporation. .
Ilk of Miles Land Company, Inc., a Texas
'0Z
l .
1 .......... . . .........................
N'66 y '11 ll , State of Texas
My con1111"Ssion expires:...........
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
11 is n Itrui�lac t was pack -)wled e before me of Miles on,,-
,� � , 2014 by
„ g�
aan ] Company, Inc., a Texas
67,W Wrpration, on 6chalfofsaid corporation.
J
rrl l i Cs
y lA i 1,
Upon Filing Return To:
The City of Denton -Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
c- ary lI bIic, State of Texas
My coi nnission expires: --
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
Page 4 of 4
EXHIBIT A - to Special Warranty Deed
rthur Surveying Co., Inc.
P2Vof&SS1CP gal JGaxed Szrrveyo2s
P.O. Box 54 ^- Lewisville, Texas 75067
Office: (972) 221-9439 --- Fax: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M104
0.586 Acre
City of Denton, Denton County, Texas
BEING all'that certain lot, tract or parcel of land situated in the Morreau Forrest Survey, Abstract Number 417, City
of Denton, Denton County, Texas, and being part of a tract of land described by deed to Miles Land Company,
recorded under County Clerk's File Number 2000-3838, Real Property Records, Denton County, Texas
(R.P.R.D.C.T), and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) found for the
northwest corner of said Miles Land Company tract and the southwest corner of a tract of land described by deed to
the City of Denton, recorded under County Clerk's File Number 97-19639, R.P.R.D.C.T., and being in Mayhill
Road;
THENCE North 75 degrees 28 minutes 16 seconds East, with the north line of said Miles Land Company tract and
a south line of said City of Denton tract, a distance of 85.75 feet to a 1/2 inch iron rod with yellow cap stamped
"A.S.C." set for corner at the beginning of a non -tangent curve to the right, having a radius of 2567.50 feet;
THENCE over and across said Miles Land Company tract, with said curve to the right, having a central angle of 03
degrees 46 minutes 24 seconds, whose chord bears South 06 degrees 30 minutes 45 seconds West a distance of
169.05 feet, an arc length of 169.08 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE South 08 degrees 23 minutes 57 seconds West, over and across said Miles Land Company tract, a
distance of 233.39 feet to a "PK" Nail set in asphalt for corner in the north line of a tract of land described by deed
to Kukahi Corporation Solutions, Inc., recorded under Instrument Number 2009-137926, Official Public Records,
Denton County, Texas;
THENCE North 87 degrees 25 minutes 15 seconds West, over and across said Miles Land. Company tract and with
the north line of said Kukahi Corporation tract, a distance of 46.59 feet to a "PK" Nail set in asphalt for corner in the
west line of said Miles Land Company tract and the northwest corner of said Kukahi Corporation tract, and being in
Mayhill Road;
THENCE North 02 degrees 33 minutes 51 seconds East, with the west line of said Miles Land Company tract and
in Mayhill Road, a distance of 375.62 feet to the POINT OF BEGINNING and containing 0.586 acre of land, of
which 0.118 lies within existing Mayhill Road.
OF
0 .. «
No. su
C1107131-15
Parcel M104
EXHIBIT B - to Special Warranty Deed
I:I
too o so too
SCALE: 1" =100'
Bearings shown hereon based on the City of
Denton GIS Network.
NOTES:
• I.R.F. =1/2" Iron Rod Found
• C.I:R.V. = 1/2" Iron Rod Found
with yellow cap stamped
"Arthur Surveying Company"
• I.R.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
All improvements not shown hereon.
�r
ti
ass
New Right-of-way 0.468 ac. (20,379)
Existing Implied Dedication 0.118 ac. (5,158 sq. ft.)
0.586 Acres (23,537 sq. ft.)
Right -of -Way
Parcel
SURVEYORS CSRTMCAHON:
The uaderelgwd dos huehyM'to that this
mnW ww this day mode on the pmmd of the
jmipaoy Daily deaMbal haroun and Is oomect and
(a Me heit of my kuowWSo, Onto am no vlelble
disanpaad-, condk%" tgee in • ee, boundary
line conflict, enaowhmen0y ovaiapplog of
hnpmva=14 eammeafs or right of way thatl
have been adviaed ofacept m ehoav hereon.
EXHIBIT "B "
Mavhill Road
Parcel M104
0.588 Acre
Morreau Forrest Survey,
Abstract Number 417
City of 'Denton
Denton County, Texas
WIM
"w" Noll
set
City of Denton
C.C.#97-19639
C.I.R.F
I
t
t
C1 I
-_- _ 0.
� t
M
u Rt1os itatrd Company
Ih C,C.N�2000-3838 t,1"
(remainder)
Shin, At Group, Inc.
bil
I Instrument No, 2010-10003
T ...._. I
p
oe
P
"fit fWl1 set
i
3
30' Aecesta o's ant
g �
Instr. Nri. 201ti—'1t,0 6
Rol
N'
Kukehl Corporation Solutions, Inc.
y
Instrument No. 2009-137928
i
N
LINE TABLE
1 N750.211"16"E1-$5.75'
L 2 N87e25'15"W 1 46.59'
CURVE 7"ABLE
i1$ 1I Ala cho
4;" 2 67:50' R69.018" 03046'24" S06°30'4 "W 169.0 'a
rthur Surveying Co., Inc.
pllalft�.r r.,>na s "aw
P.O.Box 54 - Lewisville. Texas 75067
Office: (972) 221-9439 Fax: (072) 221-4675
Estatblished 1966
— 2011 —
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
�o zo7 a 000zassa
Instrument Number: 2014-23663
As
Recorded On: March 19, 2014 Warranty Deed
Parties: MILES LAND COMPANY INC Billable Pages: 7
To Number of Pages: 7
Comment:
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Warranty Deed 50.00
Total Recording; 50.00
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2014-23663
Receipt Number: 1143859 TITLE RESOURCES
Recorded Date/Time: March 19, 2014 03:22:30P WILL CALL
DENTON TX 76202
User / Station: P Sallee - Cash Station 2
THE STATE OF TEXAS}
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
County, Texas.
`� dl d
to h
printed heron, and was duly RECORDED In the Official Records of Denton
to..
County Clerk
Denton Denton County, Texas
AFFIDAVIT OF NON PRODUCTION
The State of Texas §
County of Denton §
Before me, the undersigned authority on this day personally appeared, Michele H. Taylor,
President and Boyd Taylor, Secretary of MILES LAND COMPANY, INC. a Texas corporation
("Affiant"), who first being by me duly sworn, on Affiant's oath state the following to be true and
correct:
1. We, each individually named Affiant, have personal knowledge of, and am familiar with, all
of that land (the "Land") described in that certain Mineral Lease described in instrument
filed April 8, 1955, recorded in Volume 405, Page 433, Deed Records, Denton County, Texas,
2. That, to the best of the knowledge of the undersigned, since MILES LAND COMPANY, INC. (a
Texas corporation) has owned the property, there was no drilling or production on the land,
the land was not pooled with other land, and there has been no payment of royalties or
other amounts. There is no evidence of production of oil, gas, or other minerals on the land.
AFFIANT(s)
MILES LAND COMPANY, INC.,
A Texas corporation
By:�..
Michele H TayIW 4
President
By
Boyd `I'a or,
Secretary
ACKNOWLEDGEMENT
The State of Texas
County of Denton §
This instrument was acknowledged before me on 2014. by
Michele H. Taylor, President of MILES LAND COMPANY, INC., a Texas Corporatiori ori belialf of said
corporation.
. . . . . ....
J
The State of Texas
[a
Not eiryllt lic, State of Texas
T My Cori�njssion Expires:
ACKNOWLEDGEMENT
County of Denton §
This instrurneni was a( 11
-li,iiowlecigecll,.)ef(,)t,et7ieo -Az1'R- - - ------ —" 2014, by
l3oyd Taylor, SecretaryofMIL ES LAND COMI"ANY, INC., aTexiis Corporation on lay hall 'ofsaid
M r Xry Pu
lic, State of Texas
My Corn,
fission Expires:
U
4
Wj`f F, 12.aO IZ4.) jj\j6 I I>,
Tft PABOWUS LLC
525 S. Lam, ?SP-, Ste 125
Denton, TX 76205-4515
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 2014 00023664
Instrument Number: 2014-23664
As
Recorded On: March 19, 2014 Affidavit
Parties: MILES LAND COMPANY INC Billable Pages: 3
To Number of Pages: 3
Comment:
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Affidavit 34.00
Total Recording: 34.00
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2014-23664
Receipt Number: 1143859 TITLE RESOURCES
Recorded Date/Time: March 19, 2014 03:22:30P WILL CALL
DENTON TX 76202
User / Station: P Sallee - Cash Station 2
f
THE STATE OF TEXAS)
r
COUNTY OF DENTON }
I hereby that this Instrument FILED In the File Number sequence on the date/time
certify was
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
t
-"
County Clerk
.....
Denton County, Texas
"A"
DATE: April 14, 2014
GF NO: 102587
TO: CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
ATTN: LUANNE OLDHAM
901-A TEXAS STREET
DENTON, Texas 76209
RE Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced file
as M. FORREST SURVEY, Abstract #417, Tract 15113, Denton County, Texas and being commonly
known as 627-631 S MAYHILL ROAD, DENTON, TEXAS 76208 ("Property").
We are pleased to enclose an Owner's Title Policy No. 103-0-102587 from TITLE RESOURCES GUARANTY COMPANY,
issued in connection with the purchase of the property described in the Title Policy.
The enclosed Title Policy is an important legal document, so please safeguard it with your other important papers.
TITLE RESOURCES appreciates the opportunity to be of service to you and hope that you will remember us should you
have a future need for the services of a title company.
Please call if you have any further questions or if we can be of further assistance. Thank you again for letting TITLE
RESOURCES help you with the purchase of your property.
ORIGINAL DOCUMENTS ENCLOSED
Gail Green
Policy Processor
gail@trnt.net
Enclosure
525 South Loop 288 Suite #125 * Denton, Texas 76205 * Office (940) 381-1006 * Metro (940) 243-2913 * Fax (940) 898-0121
103-0-102687
OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS, TITLE RESOURCES GUARANTY COMPANY, a Texas corporation (the
"Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against
loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land.
(d)Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its
inception on or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9.Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown
in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal
bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
TLTA T-1 OWNER'S POLICY (2/1/10)
Policy No.: 103-0-102587
TITLE RESOURCES GUARANTY COMPANY
SCHEDULE A
Name and Address of Title Insurance Company: TITLE RESOURCES GUARANTY
COMPANY
8111 LBJ Freeway, #1200, Dallas, TX 75251
File No.: 102587 Policy No.: 103-0-102587
Amount of Insurance: $100,700.00 ' / Premium: $1,010.85
Date of Policy: March 19, 2014
1. Name of Insured:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is insured as vested in:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
4. The Land referred to in this policy is described as follows:
Being a tract of land (Mayhill Road, Parcel M104, 0.586 acres) situated in the Morreau Forrest
Survey Abstract No. 417, City of Denton, Denton County, Texas, and being more particularly
described in Exhibit "A" and Exhibit `B" attached hereto and made a part hereof for all purposes.
Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any
statement in the above legal description of the area or quantity of land is not a representation that such
area or quantity is correct, but is made only for informational and/or identification purposes and does
not override Item 2 of Schedule B hereof.
File No.: 102587 Page I of 3
08 TLTA — T-1 Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10) Policy No.: 103-0-102587
TITLE RESOURCES GUARANTY COMPANY
SCHEDULE
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) that arise by reason of the terms and conditions of the leases and easements, if any shown in
Schedule A, and the following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert
specific recording data or delete this exception):
Item No. 1 is hereby deleted.
2. Shortages in area.
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 2014, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or ownership, but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of
improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters
(The Company must insert matters or delete this exception):
a. Easement executed by I.D. MOORE to TEXAS POWER & LIGHT COMPANY filed
June 16, 1936, recorded in Volume 257, Page 607, Deed Records of Denton County,
Texas.
b. Easement executed by W.T. EVERS to TEXAS POWER & LIGHT COMPANY filed
September 24, 1936, recorded in Volume 259, Page 588, Deed Records of Denton
County, Texas.
c. Easement executed by W.T. EVERS to TEXAS POWER & LIGHT COMPANY filed
December 10, 1964, recorded in Volume 516, Page 610, Deed Records of Denton
County, Texas.
File No.: 102587 Page 2 of 3
08 TLTA—T-1 Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10)
Policy No.: 103-0-102587
d. Easement executed by ANN C. STARK etal to GTE SOUTHWEST INCORPORATED
filed December 1, 1993, recorded under CC# 93-R0086456, Real Property Records of
Denton County, Texas.
e. Terms and provisions and conditions of Easement Agreement for Access, executed by
and between MILES LAND COMPANY, INC., KUKAHI CORPORATE SOLUTIONS,
INC. and SHIN Al GROUP, INC., filed February 22, 2010, recorded under CC# 2010-
16096, Real Property Records of Denton County, Texas; as shown on survey dated
August 10, 2012, prepared by John M. Russell, RPLS #5305.
f. Undivided 1/16 interest in Oil, Gas and other Minerals reserved indeed from R.R.
BRUBAKER and wife, BESS BRUBAKER to D.L. MOORE filed November 29, 1926,
recorded in Volume 209, Page 171, Deed Records of Denton County, Texas. (Title to said
interest not checked subsequent thereto.)
g. Undivided interest in Oil, Gas and other Minerals reserved in deed from LOTTA C.
CALLAHAN etal to LONE STAR GAS COMPANY filed December 16, 1966, recorded
in Volume 544, Page 660, Deed Records of Denton County, Texas. (Title to said interest
not checked subsequent thereto.)
h. No liability is assumed by reason of fence encroachments as shown on survey dated
August 10, 2012, prepared by John M. Russell, RPLS #5305.
i. Mineral Estate and Interest described in instrument filed March 19, 2014, CC# 2014-23663, Real
Property Records of Denton County, Texas. (Title to said interest not checked subsequent
thereto.)
j. Subject to that certain Purchase Agreement as contained in deed filed March 19, 2014, CC#
2014-23663, Real Property Records of Denton County, Texas.
File No.: 102587 Page 3 of 3
08 TLTA—T-1 Owner's Policy
EXHIBIT A - to Special Warranty Deed
rthur Surveying Co., Inc.
,tMXX„'%W-9 Mr
P.O. Box 54 Lewisville. Taxes 75067
Office: (972) 221-9439 — Pax: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M104
0.586 Acre
City of Denton, Denton County, Texas
BEING all -that certain lot, tract or parcel of land situated in the Morreau Forrest Survey, Abstract Number 417, City
of Denton, Denton County, Texas, and being part of a tract of land described by deed to Miles Land Company,
recorded under County Clerk's File Number 2000.3838, Real Properly Records, Denton County, Texas
(R.P.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a In inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) found for the
northwest corner of said Miles Land Company tract and the southwest comer of a tract of land described by deed to
the City of Denton, recorded under County Clerk's File Number 97-19639, R.P.R.D.C.T., and being in Mayhill
Road;
THENCE North 75 degrees 28 minutes 16 seconds East, with the north line of said Miles Land Company tract and
a south line of said City of Denton tract, a distance of 95.75 feet to a 1/2 inch iron rod with yellow cap stamped
"A.S.0 " set for comer at the beginning of a non -tangent curve to the right, having a radius of 2567.50 feet;
T1 ENCE over and across said Miles Land Company tract, with said curve to the tight; having a central angle of 03
degrees 46 minutes 24 seconds, whose chord bears South 06 degrees 30 minutes 45 seconds West a distance of
WAS feet, an are length of 169,08 feet to a 1/2 inch iron rod with yellow cap stamped 11A.S.C." set for corner;
TH)&NCE South 08 degrees 23 minutes 57 seconds West, over and across said Mile^ Land Company tract, a
distance of 233.39 feet to a "PK" Nail set in asphalt for comer in the north line of tract of land described by deed
to Kukahl Corporation Solutions, Inc., recorded under instrument Number 2009-1.37926, Official Public Records,
Denton County, Texas;
THENCE Notch 87 degrees 25 minutes 15 seconds West, over and across said Miles Land. Company tract and with
the north line of said Kukahi Corporation tract, a distance of 46.59 feet to a "PK" Nail set in asphalt for corner in the,
west line of said Miles Land Company tract and the northwest comer of said Kukahl Corporation tract, and being in
Mayhill Road.
THENCE North 02 degrees 33 minutes 51 seconds East, with the west lice of said Miles Land Company cued and
in Mayhill Road, a distance of 375.62 feet to the POINT OF BEGINNING and containing 0.586 acre of land, of
which 0.118 lies within existing Mayhill Road
C1107131-15
Parcel M104
I
1
I
r
I
I
10o 30 100
Iv)
iaNq.
SCALE: 1" a 1W
BesrhW shown hemp based on the City of
Donlon 013 Network.
aoNOTES: a
• I R.F, a 14" Iron Rod Found
• C CRY. d 1/2" Iron Rod Ground
wish yellow cap sta/m�ped
-
"Atthur Surveying Contpaay"
• I R.S. -112" Iron Red Set wide
yellow cap stamped'Arthur
3
Surveying Company"
• AN improvements not shown hereon,'
„
a
Now Right-of-way 0.468 no. (20,379)
Existing Implied Dedication 0.118 ae. (S,158 . L)
0.586 Acres (2$,537 sq. ft.)
Right -of -Way
Parcel M1
BVRV A t
IA
EXHIBIT "B"
MavhM Road
Parcel M104
0.580 Acre
Morreau Forrest Survey,
Abstract Number 417
City of" Denton
Denton County,, Texas
,; — 2011--
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'IIIi
Mew (on) l—ou r
TLTA End T-19.3 MINERALS AND SURFACE DAMAGE
MINERALS AND SURFACE DAMAGE ENDORSEMENT (T-19.3)
ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
SERIAL NUMBER 103-0-102587
ISSUED BY
TITLE RESOURCES GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 102587
The Company insures the insured against loss which the insured shall sustain by reason of damage to permanent
buildings located on the Land on or after Date of Policy resulting from the future exercise of any right existing at
Date of Policy to use the surface of the Land for the extraction or development of coal, lignite, oil, gas or other
minerals excepted or excluded on Schedule A, Item 2 or excepted in Schedule B. This endorsement does not insure
against loss resulting from subsidence.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms
and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an
express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the
terms and provisions of the policy and of any prior endorsements.
Countersigned by:
f
TITLE RESOURCES
Company
..10Ey State TX___....__.._ ___ m. m..n_----------------------------------Denton, TX 70205415
Order Number: 102587
TLTA End T-19.3
Page 1 of 1
preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws
by reason of the failure of its recording in the Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
Title Resources Guaranty Company
�y�' y:
r N
ttf IA �x�J V v N� u�� ° '° Executive Vice Pepetio-clrac
I
Denton, TX 76205-4515�C� y
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting or relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(ii) subdivision of land; or
(iii) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Title.
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction vesting the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A.
6.The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land
described in Schedule A because of Unmarketable Title.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying
the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named
Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and
the named Insured are both wholly -owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured
named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the
Company would have had against any predecessor Insured.
(e) "Insured Claimant": an Insured claiming loss or damage.
(f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured
by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not
modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect
to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the
clerk of the United States District Court for the district where the Land is located.
(j) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or
lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a
contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the
Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a
purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or
conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either
(i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. 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 5(a) below, or
(ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,
as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If
the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability
to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse
claim or other defect in Title 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 defect or
other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company
concludes that the lien, 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. If the Company concludes that the lien, encumbrance, adverse claim or defect
is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien,
encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii)
upon payment of appropriate premium and charges therefore, 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 Land
or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of
a policy(ies) of title 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 (vi) undertake a combination of (i) through
(v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require
as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the
defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions,
the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in
litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action. It 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, in addition to the options contained in Sections 3 and 7, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company
may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The
exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company
exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company
may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the
right, in its sole discretion, to appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action
or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized
representative of the Company and to produce for examination, inspection and copying, at such reasonable times
and places as may be designated by the authorized representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these
records in the custody or control of a third party that reasonably pertain to the loss or damage. All information
designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
information or grant permission to secure reasonably necessary information from third parties as required in this
subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under
this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all
liability and obligations of the Company to the Insured under this policy, other than to make the payment required in
this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together
with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company
of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including
any liability or obligation to defend, prosecute or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured
Claimant who has suffered loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured
against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim
was made by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and
expenses incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right
of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably
diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed
its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to
which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is
executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to
the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and
expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company
to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover
the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured
Claimant shall have recovered its loss.
(b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of
insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation
rights.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to
the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules,
there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy,
any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising
out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less
shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as
distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a
whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance.
Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term
defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is
capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other
form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the
Conditions of this policy.
16. SEVERABILITY.
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in
full force and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the
interpretation, rights, remedies or enforcement of
policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the
law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the
Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
apply its conflicts of laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must
be given to the Company at 8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
�� Ir rr III ,E
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter
una queja:
You may call Title Resources Guaranty Usted puede Ilamar al numero de
Company's toll -free telephone number for telephono gratis de Title Resources
information or to make a complaint at: Guaranty Company's para informacion o
para someter una queja al:
1-800-526-8018 1-800-526-8018
You may also write to Title Resources Usted tambien puede escribir a Title
Guaranty Company at: Resources Guaranty Company at:
Attention: Claims Department Attention: Claims Department
8111 LBJ Freeway, Suite 1200 8111 LBJ Freeway, Suite 1200
Dallas, TX 75251 Dallas, TX 75251
You may contact the Texas Department of Puede comunicarse con el Departamento
Insurance to obtain information on de Seguros de Texas para obtener
companies, coverages, rights or informacion acerca de companias,
complaints at: coberturas, derechos o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Puede escribir al Departamento de
Insurance: Seguros de Texas:
P. O. Box 149104 P. O. Box 149104
Austin, TX 78714-9104 Austin, TX 78714-9104
Fax: (512) 475-1771 Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us
E-mail: E-mail: ConsumerProtection@tdi.state.tx.us
ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O
Should you have a dispute concerning RECLAMOS:
your premium or about a claim you should Si tiene una disputa concerniente a su
contact the company first. If the dispute is prima o a un reclamo, debe comunicarse
not resolved, you may contact the Texas con la compania primero. Si no se resuelve
Department of Insurance. la disputa, puede entonces comunicarse
con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA:
POLICY: This notice is for information only Este aviso es solo para proposito de
and does not become a part or condition of informacion y no se convierte en parte o
the attached document. condicion del documento adjunto.
28 TAC §1.601(a)(3)
FT (6/2001)
File No.: 102587
TITLE RESOURCES, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
TITLE RESOURCES, LLC. ("TITLE RESOURCES" ).
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer -reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non -financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
FT (6/2001)
File No. 102587
TITLE RESOURCES GUARANTY COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non -financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
G.F. Number 102587
IMPORTANT NOTICE
To obtain information or make a complaint:
1. You may contact your title insurance agent at (940) 381-1006.
2. You may call TITLE RESOURCES GUARANTY COMPANY's toll -free telephone number for
information or to make a complaint: (insert underwriter information).
3. You may also write to TITLE RESOURCES GUARANTY COMPANY at (insert underwriter
information).
4. You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at 1-800-252-3439.
5. You may write the Texas Department of Insurance,
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@.tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact the title insurance
agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
1. Puede comunicarse con su agente de seguro de titulo al (940) 381-1006.
2. Usted puede Ilamar al numero de telefono gratis de TITLE RESOURCES GUARANTY COMPANY's
para informacion o para someter una queja al (insert underwriter information).
3. Usted tambien puede escribir a TITLE RESOURCES GUARANTY COMPANY: (insert underwriter
information).
4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de
companias, coberturas, derechos o quejas al: 1-800-252-3439
5. Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdI.state.tx. us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente de seguro de
titulo primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en
parte o condicion del documento adjunto .
(i)