HomeMy WebLinkAbout2014-188s:\legal\our documents\ordinances\14\jnj ed ordinance.doa
ORDINANCE NO. 8 r'
WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and
expansion of Mayhill Road affecting, among other lands and interests, the Property Interests;
WHEREAS, the widening and expansion of Mayhill Road constitutes a valid public use
of the City and its citizens;
WHEREAS, the City made a written Initial Offer (herein so called) to JnJ Prominence
Square, LP, a Texas limited partnership, the owner of the Property Interests ("Owner") on
January 27, 2014;
WHEREAS, the City provided to the Owner of the Property Interests at the time of
presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports
produced or acquired by the City relating specifically to the Owner's property prepared in the ten
(10) years preceding the date of the Initial Offer;
WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did
not include a confidentiality provision and further informed the Owner of the Property Interests
that such Owner had the right to (i) discuss any offer or agreement regarding the City's
acquisition of the Property Interests with others; or (ii) keep the offer or agreement confidential,
unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code
(the "Non Confidential Notice");
WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the
Property Interests on April 17, 2014, said date being after the thirtieth (30`h) day after the date on
which the City made the Initial Offer to the Owner of the Property Interests;
WHEREAS, along with such Final Offer, the Owner of the Property Interests was
provided a written appraisal from a certified appraiser of the value of the Property Interests and
the damages, if any, to any of the Owner's remaining property;
WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or
greater than the amount of the written appraisal obtained by the City;
WHEREAS, the Final Offer made to the Owner of the Property Interests included (i) a
copy of the written appraisal; (ii) copies of the (a) Special Warranty Deed; and (b) Slope
Easement, all being the instruments proposed to convey the Property Interests sought to be
acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section
21.0112 of the Texas Property Code; and (iv) the Non Confidential Notice;
WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14)
days to respond to the Final Offer and the Owner of the Property Interests did not agree to the
terms of the Final Offer within that period;
WHEREAS, the notice for the public meeting of the City Council of the City in which
this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas
Government Code, in addition to other information, as required by that subchapter, expressly
included the consideration by the City of Denton of the use of eminent domain to condemn the
Property Interests;
WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this
ordinance was stated as "I move that the City of Denton, Texas authorize the use of the power of
eminent domain to acquire (i) fee simple to a 1.251 acre tract; and (ii) slope easement,
encumbering a 0.161 acre tract, for the public use of expanding and improving Mayhill Road, a
municipal street and roadway; generally located in the 1400 block of North Mayhill Road, each
affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, City of
Denton, Denton County, Texas, as more particularly described on "Exhibit "A", to the ordinance
now under consideration and on the overhead screen being now displayed to the audience, for the
public use of expanding and improving Mayhill Road, a municipal street and roadway in the City
of Denton, Texas"; and
WHEREAS, after due consideration of the public interests to be furthered by the public
use of expanding and improving Mayhill Road, a municipal street and roadway. NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Council finds that a public use and necessity exists to widen and
expand Mayhill Road and that a public use and necessity exists to expand and improve the City
of Denton landfill to serve the citizens of the City of Denton, Texas, and that the public welfare
and convenience requires the acquisition of the Property Interests, and the City of Denton, Texas
does hereby exercise its home -rule and statutory authority to acquire by eminent domain, (i) fee
simple to a 1.251 acre tract; and (ii) slope easement, encumbering a 0.161 acre tract, for the
public use of expanding and improving Mayhill Road, a municipal street and roadway; generally
located in the 1400 block of North Mayhill Road, each affected tract located in the M.E.P. &
P.R.R. Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more
particularly described on "Exhibit "A" attached hereto and made a part hereof, by reference.
The Council hereby further finds and determines that the acquisition of the Property Interests is
for a public use, to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The Council hereby authorizes and directs the filing and prosecution of
eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests.
SECTION 3. The City Council hereby finds that the Owner was the record title owner of
said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting
the general authorization provided in Section 2, above, the City Council further authorizes
joinder of additional or differing owner or owners, or claimant or claimants, of the Property
Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each
such parties to acquire the Property Interests.
SECTION 4. The City Manager, or his designee, shall have the authority to do all things
necessary or appropriate to acquire the Property Interests by eminent domain, including without
limitation, the authority to expend funds related to the prosecution of such eminent domain
proceedings.
SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically
and expressly adopted by the Council as express findings by the Council.
SECTION 6. 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 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2014.
C1 15 WATTS, AA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: �xu-
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
EXHIBIT "A" to Ordinance (Property Interests)
rthur Surveying Co., Inc.
P.OBox 54 — Lewisville, Texas 75067
PARCEL M029
1.251 Acres
as follows:
Page 939, Deed Records, Denton County, Texas (D.R.D.C.T.);
THENCE South 02 degrees 19 minutes 00 seconds West, with Mayhill Road, a distance of 473,55 feet to a "PK"
Aki" a tract of
land described by deed to the City of Denton, recorded in Volume 545, Page 102, D.R.D.C.T.;
of 114.81 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur S urveying Company" (ASC) set for corner;
TRENCE North 02 degrees 16 minutes 28 seconds East, over and across said JNJ Prominence tract, a distance of
312.37 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for the beginning of a curve to the right,
having a radius of 10067.50 feet;
arc length of 164,26 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the south line of
said Ken Hodge and Associates tract;
EXHIBIT "A" to Ordinance (Property Interests)
Ken Hodge & Associates
Volume 2321, Page 939
MNR R N88'39'45"W
) 611.60'
-- --P/L - -
R=10067.50' L=164.26
—00a56'05"
d.=NO2o44'30"
164.25'
W
O
O
W
S88°39'45' 4
113.73'
,R F.
O
M
a
�
I . « +
l e c r!
I00 0 50 too
SCALE: 1" = 100'
Bearings sliown hereon based on the City of
Denton GIS Network.
NOTES:
® I.R.F. = 1/2" Iron Rod Found
0 LR.S. = 1/2" Iron Rod Set with
oyellow
cap stamped "Arthur
k Surveying Company
V p All improvements not shown hereon.
SNS Prominence square, LP. ® Manket Easements recorded in Vol.
141, P 366, Vol. 1041, P 742 &
Instr. No. 2009-27978 � �'° g'
Vol. 1067, Pg. 886 include this lot.
New Right-of-way 1.091 ac. (47,540 sq. ft.)
eo
Existing i[nplied Dedication 0.160 ac (6,962, sq. 11.}
W � 1.251 Acres (54,502 sq. ft.)
Parcel M029
'a
Sanitary Sewer Easement
Voh me 659, Page 569
�.. ).R.S.
° S89"48'44" !'I nNurt 1.
C
co
n 4p
City of Denton
Volume 545, page 102 w <r
5/ 1.R.F
�C-M.)
EXHIBIT "B"
r Road
1arcel ,
1,251 Acres
M.E.P.
• . P.R.R.
Abstract #
City of Denton
D '" oTexas
SURVEYORS CER CATION:
The undersigned does hereby certify to Title
,Resrsurcas (0,E e i9. P fl •OP73j 61r td)ix suMy MM
tlxis day m"a on. Lee braknred oftlic ptopmay fegafly
ude,cafbed hereon and is conr&ct and to alga best or
my knowledge, there are no visible discrepancies,
conficts, shortages in area, boundary line conflicts,
encroachments, overlapping ofimprovemeors,
easements or rights of way that I have been advised
of except as shown hereon.
Co.,rthur Surveying .
Professional
P.O.ox 54 Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Established 1986
EXHIBIT "A" to Ordinance (Property Interests)
rthur Surveying Co., Inc.
EXHIBIT "A"
SLOPE EASEMENT
MAYHILL ROAD PROJECT
0.161 Acres
City of Denton, Denton County, Texi
01"Tr, - WRiNUM-149RHUMAK
Tf= U,-
-TVilMON5
as follows:
COMMENCING at a "PK" Nail set in Mayhill Road for the northeast comer of said JNJ Prominence tract, same
It d 4ot",ciates. recorded in Volume
tract, a distance of 113.73 feet to a /2 inch iron rod with yellow cap stamped "Arthur Surveying Company"
(ASC)set for the POINT OF BEGINNING, same point being the be -inning of a non -tangent curve to the left,
having a radius of 10067.50 feet;
THENCE over and across said JNJ Prominence tract, with said curve to the left, through a central angle of 00
degree 56 minutes 05 seconds, whose chord bears South 02 degrees 44 minutes 30 seconds West at 164.25 feet, an
1� eD
are length of 164.26 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE South 02 degrees 16 minutes 28 seconds West, over and across said JNJ Prominence tract, a distance of
312,37 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer hi the north line of a tract of land
described by deed to the City of Denton, recorded in Volume 545, Page 102, D.R.D.C.T.;
THENCE South 89 degrees 48 minutes 44 seconds West, with the north line of said City of Denton tract, a distance
of 25.02 feet to a point for comer;
THENCE North 02 degrees 16 minutes 28 seconds East, over and across said JNJ Prominence tract, a distance of
100.00 feet to a point for comer;
THENCE North 06 degrees 15 minutes 49 seconds East, over and across said JNJ Prominence tract, a distance of
378.61 feet to the POINT OF BEGINNING and containing 0.161 acre of land, more or less.
C 1107131-49
Parcel M029-SE
EXHIBIT "A" to Ordinance (Property Interests)
N
Ken Hodge & Associates
Volume 2321, Page 939
UI I'DUI
N88*39'45"W 00 P.
Z4�-) 611.60' N 8 8,3 9'4 5 �w
0—
R. S. PK" NoU tot) 0 50 1010
Se
Set
SCALE: 1" = 100'
R"-10067 50' Bearings shown hereon based on the City of
Denton GIS Network,
oBo 11-1--1A--00656"05"
Chd=,S07"44'307W
164,25', it OF
NOTES:
a I.R.F. = 1/2" Iron Rod Found
0 LR S. = 1/2" Iron Rod Set with
F1 -2 yellow cap stamped "Arthur
Surveying compfflly"
0 All improvements not shown hereon.
> . Blanket Easements recorded in Vol.
JNJ Prominence Square. LP. ��J I I
hnatr, No. P009-Q 27978 141, Pg. 366, Vol. 1041, Pg. 742 &
Vol. 1067, Pg, 886 include this lot.
Slope Easement
0.161 Acre
{7,028 sqA.)
Jt
Sun1fory Sewer I'l
fogement
659, Pg- 569 cl
I
N81;414 'E�
"D f. q.s'- - 4,8' 1�'
C)— - _ I
PK' Naii
S89048'441V Set
25.02'
r'J (3i
City of Denton
Volume 545, Page 102
1. R. F.
SURVEYORS CERTWICATION:
The undersigned does hereby certify to Tide
""N"HIBIT "B"
E
Resources; (GA No. 102403) that ails surrey was
this day made on the ground ofthaproperty legally
SLOPEEASEMENT
described hereon and is correct, and to the best of
my knowledge, there am no visible discrepancies,
coafficts, shortages in ares, boundary linc coafficts,
Mayh111 Road Project
encroachments, overlappingofiropffivements,
ea'Wrocats of rights of way Use f have been advised
otrexcept as shown hereon.
0. 161 Acre
M.E.P. & P.R.R. Co. survey,
rthur Surveying Uo., Inc.
Abstract Number 1469
F�rofessional 1-and Surveyors
City of Denton
. . .. ...... --
P,O.Box 54 — Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Denton County, Texas
Established 1986
--2013--
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
TATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That JnJ Prominence Square, LP, a Texas limited partnership (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").
��fGrantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
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:
Easement executed by Prank Muck and Wilhemine Muck to Lone Star Gas Company
filed June 21, 1915, recorded in Volume 141, Page 366, Deed Records of Denton County,
Texas.
Grantor hereby assigns, without recourse or representation, to Grantee, any and all
claims and causes of action that Grantor may have for or related to any defects in, or
injury to, the Property.
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 heirs, devisees,
Page 2 of 3
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 ay of �m _ c° . 2015.
JnJ PROMINENCE SQUARE, LP,
a Texas limited partnership
By: JnJ Concepts, LLC
A Texas limited liability company
General Paaacr
*By:
°��
1.)u nny Johrusoi , `anagcr
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on � ��� 2015 by
Danny Johnson, Manager of JnJ Concch)ts, LLC, a Texas lux ittxl tlual>ility company, as
general partner of JnJ Prominence Square, LP, a Texas limited partnership on behalf of
said partnership.
Upon Filing Return To:
The City of Denton -Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
Notary cllu � llSt ate of l a m.. �___m.._.....
�Y bi
� l°
� u7�rx� ass n cx � Tres
My c �' ✓
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
Arthur Surveying Co., Inc.
Per>fe-5s1cxciza r—azi-d rrx
P.O. Box 54 — Lewisville. Texas 75067
Office: (972) 221-9439 — Fax- (972) 221-4675
EXHIBIT "A"
MAYMLL ROAD
PARCEL M029
1.251 Acres
City of Denton, Denton County, Texas
BRING all, that certain lot, tract or parcel of land situated in the mxy. & P,R-P, Co. Surve y, Abstract Number
1469, and being part of that tract of land deNcrihed by deed to JNJ Prominence Square, LT., recorded under
Instrument No, 200] 9-27978, Official Public Records, Denton County, Texas, and being more particularly described
as Mlows:
BEGINNING at a VK" Nail set in Mayll [It Road fbi, the northeast corner ofsaid JNJ Proininencetract, same point
being in the south fine ofa. tqjct of land described by deed to Ken Hodge and Associates, recorded in Volume 2321,
Page 939, Deed Records, Denton County, T"as (D.RD,C.Y);
TJfFXCE South 02 dogrees, 15) minutes 00 aeconds, West, with-Mayhill Road-, a distance of 473.55fiect to a "PK"
Nail got in Maybi I] Road for the soutl1west corner of said .NJ Pronlinence tract anti tile northeast corner of a tract of
land des ribod by deed to the City of Denton, recorded in Volume 545, Page 102, DRD.C.T,
THENCE South 89 degrees 48 minutes 44 seconds West, with the north, line of said City of Denton, tract, a distance
of 114-81 feet to a 1/2 inch iron rod with yellow cap starnped "Arthur Surveying Company" (ASQ set for corncj•;
THEWCF, North 02 degrees 16 rninutes 28 seconds East, over and across said JNJ Prominence tract, a distance of
312.37 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for the beginning of a carve to the right,
having a radius of 10067.50 feet;
THENCE over and across said M Proyninence tract, with said curve to the right, through a central angle of 0,0
degrees 56 nainutes 05 seconds, whose chord bear 'North 02 degrees 44 nlinutes 30seconds East at 164.25 fact, an
arc length of 164.26 feet to a 1/2 inch iron rod with yellow cap stamped "ASCII set for comer in the south line of
said Ken 1-lodge and Associates tract,
THENCE South 88 degrees 39 rninutes 45 seconds Vast„ with the south Bile of said Ken Hodge and Associates
tract, it distance of 113.73 feet to the POINI" OF BEGINIUNG and containing 1,251 acres of land, more or less.
.................. HN M RUSSEL V
M
SM
AA?,P
16i
C110713IA9
Parcel M029
Fan Hodge & Aasoclates
Volume 2321, Page 939
as *j P ol. B.
I , , A�
881945 S
MY) 611,60*
N elva
11 77 100 01 50100
SCALE; V - 100'
R=10067.50' L-164..W c Bearings shown hereon based on the City of
A-00056'05" kzz,411 Denton 01S Network.
ChCL-N02044'30T
164.25'
aw NOTES:
• I.R-F, = 1/2" Iron Rod Found
1.R.S. • I.R.S.= 112" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
lr All improvements not shown hereon.
JWJ Prominence Square, LP, Blanket Easements recorded in Vol,
Imtr. No. 2009-27078 -94 141, Pg. 366, Vol. 1041, Pg. 742 &
Vol. 1067, Pg. 886 include this lot.
New Right-of-way 1.091 ac. (47,540 sq. ft.)
(no Fxisting Implied 1)edicafion 61- X 8 0.10 ac. (6,902. scjfL)
1. (k,'�022 sq, fL)
Parcel M029
a
50flUory sower tw
j N M. AUSSE
1.0
. LIR'5�
W
'PK' Nail
Sot ti
4
City of Denton of
Volume W. Page Log 4 `9tr
MWEVORS CERTUTCAHOM
Wr% it
EXHIBIT jj
n" am&rxiMcddbfthw6yca*t*Ma
uxes (G.F No 102405) did Mb =vW wn
JR.&fsdaymsda
Mayhill Road
on thagm=doftb*pwp=Wkp0.y
desodbedhwei)n and is voaw4 and io the best d
WnW04 RPIXM�WA fn mik Fm=&7ffiw =Oat;
Parcel M029
wcrWA3mit 4WrYj**,8 affmPmVemenw,
oasa=ab w*hb ofway6alUvo b= adWsad
1.251 Acres
M.E.P. & P.R.R. Co. Survey,
rthur Surveying Co., Inc.
APrv&&Wdna1
Abstract Number 1469
Land Survqy=
City of Denton
F.O.Box 54 - Le wi a . vUle Tea" 75067
Denton County, Texas
Office, (972) 221-9439 Fax: (972) 221-4676
EstAblished 1986
--2013-
Denton County
Juli Luke
County Clerk
Denton, TX 76202
70 2015 00028849
Instrument Number: 2015-28849
As
Recorded On: March 23, 2015 Warranty Deed
Parties: JNJ PROMINENCE SQUARE LP
To
Comment:
( Parties listed above are for Clerks reference only )
** THIS IS NOT A BILL **
Warranty Deed 46.00
Total Recording: 46.00
Billable Pages: 6
Number of Pages: 6
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: 2015-28849 TITLE RESOURCES
Receipt Number: 1266264 WILL CALL
Recorded Date/Time: March 23, 2015 02:59:17P DENTON TX 76202
User / Station: C Robinson - Cash Station 1
THE STATE OF TEXAS)
COUNTY OF DENTON }
*
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
Jull Luke
'
County Clerk
"w
Denton County, Texas
THE STATE OF TEXAS §
OW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT the JnJ Prominence Square, LP, a Texas limited partnership ("Grantor"), in consideration
of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in
hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby
acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these
presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee")
a perpetual slope easement in, along, upon, under, over and across the following described
property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in
the M.E.P. & P.R.R. Company Survey, Abstract No. 1469 in the City of Denton, Denton County,
Texas, to wit:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining lateral slope in, along, upon, under, over and across said Property, including without
limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all
times in, along, upon, under, over and across the Property to Grantee herein, its agents,
employees, contractors, workmen and representatives, for the purposes set forth herein, including
without limitation, the making additions to, improvements on and repairs to said lateral slope
features or grade, or any part thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property by Grantor. Further, Grantor stipulates
and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the
grade of the Property and may remove from the Property, such buildings, fences, structures,
signs, facilities, improvements and other obstructions as may now or hereafter be found upon
said Property and dispose of any such buildings, fences, structures, signs, facilities,
improvements or obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by. Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to make use of the Property for any purpose that does not interfere
with Grantee's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
PJ
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
�� �.. da of . "" a zt -.�. 20 1..
Witness our hand, this the., ... y
Grantor:
JnJ PROMINENCE SQUARE, LP,
a Texas limited partnership
By: JnJ Concepts, LLC,
a Texas limited liability company
General Partner
By -
Danny ) A n. ar), Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS
40 COUNTY OF DENTON §
This instrument was acknowledged before me on „ if � _ _____- , 2015 by Danny
Johnson, Manager of JnJ Concepts, LLC, a Texas limited liability company, as general partner of
JnJ Prominence Square, LP, a Texas limited partnership on behalf of said partnership.
� " l:
�V a0 p
p'�` �i lase � assiiriu � idr k.engtd�irci
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
----- �e
Notary Publky,, "icatc of `l'e sas
My commis'slon expires: �'A.;�
Arthur
Surveying Co., Inc.
.��'z�ari .�.aaratd Srxz-rr��rrx�
P.O- Boy: 54 -- Lewisville, Texas 75067
Office: (972) 221-9439 — Fax.: (972)'>1-467:5
EXHIBIT
SLOPE
MAYHILL l PROJECT
1,
.161 Acres
Citv of
COMMENCING at a `.`PW' Nail set in Mayhill Road for the northeast corner of said JNJ Prominence tract, same
point being in the south line of a tract of land described by deed to Ken Hodge and Associates, recorded in Volume
2321, Page 939, Deed Records, Denton County, Texas (D.R.D.C.T.);
THENCE North 88 degrees 39 minutes 45 seconds West, with the south line of said Ken Hodge and Asscoiates
tract, a distance of 113.73 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company"
(ABC"}.w Wt for the POINT OF BEGINNING, same point being the beginning of a non -tangent curve to the Ieft,
having a radius of '10067,50 feet;
THENCE over and across said JNJ Prominence tract, with said curve to the left, through a central angle of 00
degree 56 minutes 05 seconds, whose chord bears South 02 degrees 44 minutes 30 seconds West at 164,25 feet, an
are length of 164.26 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE South 02 degrees 16 minutes 28 seconds West, over and across said JNJ Prominence tract, a distance of
312.37 feet to a 1/2 inch iron rod witlr yellow cap stamped "ASC" set for comer in the north line of a tract of land
described by deed to the City of Denton, recorded; in Volume + 545, Page 102, DXJ).C.T.;
THENCE South 89 degrees 48 minutes 44 seconds West, with the north line of said City of Denton tract, a distance
of 25,02 feet to a point for corner;
THENCE North 0.2 degrees 16 minutes 28 seconds East, over and across said JNJ Prominence tract, a distance of
100.00 feet to a point for corner;
THENCE North 06 degrees 15 minutes 49 seconds East, over and across said JNJ Prominence tract, a distance of
378.61 feet to the POINT OF BEGINNING and containing 0.161 acre of land, more or less.
c.• si+ M
t , l
O is tY� S1,.1.. NO
mI',. Ilkli"M
Cl 107131-49
Parcel M02ME
f: f )V�
Ken Hodge & Associates
Volume 2821, Page 939
*d p
G0- 6f ...X _Lf3. -.t , No
R.a 1," 100 0 1 0
q..
a r SCALE: 1" -100'
f -1QI6Z50
r I - 1 pia Bearings shown hereon based on the City of
$ °�^ • = IlO 6'(1 "" Denton GIS Network.
164.2 '
NOTES:
a YY I.R.F. =1/2" Iron Rod Found
I LR.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
pl tl Surveying Company"
pp t All improvements not shown hereon.
tfRl Px°otsa7swexat o Su�cae,„ l P. I • Blanket Easements recorded in Vol.
lr. tr. Nip 2000-27970, 141, Pg. 366, Vol. 1041, Pg. 742 &
Vol. 1067, Pg. 886 include this lot.
Slope A f1,la1t^lt1 d
}.16a1 Acre.
(7,028 sq� it)
4114
�V
�� � ter" �•YM�"a �� �� �,
50, f'it• 669 ;
M
' r«I29'48'44 F
25.02' So
City of Denton to y✓
Volume 645, Page 102 tl
a/I.R.F.�.'4)
sURVExaM CEFL1UCAMN:
EXHIBIT
P 1 1 P 75e UDdta%fVtd does hereby on* to iiae
1 1 .=ar es (GY Na 102403) Wet this survey was
tbk &Ywae on the ground ofrhep mparw 1egaRy
deraibedhum and & ama 4 and to die best of
my iaoow:aai there sera no vlAlete dhmpow os,
SLOPEEASEMENT rouiilkts, s4 nmdasin asae, boumdaryI!" eoetl os,
iII o ro,� a ct � is orAgbts "�&&atihave been od
of==Pfas showahereon.
0.161 Acre
M.E.P. & P.R.R. Co. survey, Arthur Surveying Co., Inc.
Abstract Number 1469 Pm a-Urveye"
Office:
`ox) 4 — Lewisville, Texas 7506
City o Denton ce: 972 221�-9439 Fax: 972 221-4675
Denton County, Texas $st bllshed 1986
-- 2013 —
Denton County
Juli Luke
County Clerk
Denton, TX 76202
7D 2015 00028850
Instrument Number: 2015-28850
As
Recorded On: March 23, 2015 Easement
Parties: JNJ PROMINENCE SQUARE LP
To
Comment:.
( Parties listed above are for Clerks reference only )
"* THIS IS NOT A BILL **
Easement 46.00
Total Recording; 46.00
Billable Pages: 6
Number of Pages: 6
************ 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: 2015-28850 TITLE RESOURCES
Receipt Number: 1266264 WILL CALL
Recorded Date/Time: March 23, 2015 02:59:17P DENTON TX 76202
User / Station: C Robinson - Cash Station 1
THE STATE OF TEXAS)
COUNTY OF DENTON )
'
$
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
heron, and duly RECORDED In the Official Records of Denton County, Texas.
@"
printed was
9
Jull Luke
County Clerk
r':w.
Denton County, Texas
Project: Mayhill Road
Parcel: M029
PARTIAL RELEASE OF LIEN
THE STATE OF TEXAS
}
COUNTY OF DENTON J
WHEREAS, by that certain instrument dated the 12th day of February, 2009, recorded
under Clerk's File No. 2009-27979, of the Real Property Records of Denton County,
Texas, a Deed of Trust was executed by JnJ Prominence Square, L.P., a Texas limited
partnership to Glen A. Bellinger, Trustee, securing the payment of one Note of even
date therewith in the principal amount of $685,000.00, payable to the order of JnJ
Family Limited Partnership, a Texas limited partnership and subject to all of the terms,
conditions, and provisions therein; and;
WHEREAS, said Note is further secured by a Vendor's Lien created in that certain
instrument dated the 12th day of February, 2009, recorded under Clerk's File No. 2009-
27978 of the Real Property Records of Denton County, Texas; and;
WHEREAS, the City of Denton, Texas has acquired or is in the process of acquiring title
to part and parcel of land covered by said lien, said part and parcel thereof being
particularly described in EXHIBITS "A"& "B" attached hereto and made a part hereof
for all purposes; and
WHEREAS, it is necessary that said lien be released insofar as it appertains to or
affects the title of the above described part and parcel of land as described in EXHIBITS
"A" & "B"
NOW, JnJ Family Limited Partnership, a Texas limited partnership, being the legal
holders of said indebtedness and lien, in consideration of TEN AND NOI100-------
($10.00)--------- Dollars in hand paid, the receipt of which is hereby acknowledged, does
hereby remise, release and forever quitclaim unto JnJ Prominence Square, L.P., a
Texas limited partnership, its successors and assigns the aforesaid Lien, as well as
all such other right, title, lien or claim in or to the part and parcel of land hereinabove
described in Exhibit "A" & "B" as may have been created by or have arisen from the
transactions above mentioned, which it may own or did own at the time of such
payment.
Provided, however, that this release shall not be construed to waive, or in any manner
effect or invalidate the lien held and owned by the undersigned upon the residue of said
property as fully described in the instruments hereinabove mentioned.
Project: Mayhill Road
Parcel: M029
EXECUTED this instrument is executed on this the day of
2014,
JnJ Family Limited Partnership, a Texas
limited partnership
M-
A I" WVd-11MIT V
IZy%ffAzJI'fJLJLJIL'9 A
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on .... .. .... "2014 by
1A!g
0 —,"1111111 1 �,� �VI _ ", , _ of JnJ Family Limited
Partnership, a Texas limited partnership and on behalf of said entity.
------- --- -------
Notary Pu He"', t6te of Texas
} w rthur Surveying Co., Inc.
�z®FessiorzaY Z:—n 'd Srzz��yozs
P.O. Box 54 -- Lewisville, Texas 75067
011 c,c: (972) 221-9439 --- Fax: (972) 221-4675
EYJUBIT "A"
"
MAYHILL ROAD
PARCEL M029
1.251 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469, and being part of that tract of land described by deed to JNJ Prominence Square, L.P., recorded under
Instrument No. 2009-27978, Official Public Records, Denton County, Texas, and being more particularly described
as follows:
BEGINNING at a "PK" Nail set in Mayhill Road for the northeast corner of said JNJ Prominence tract, same point
being in the south line of a tract of land described by deed to Ken Hodge and Associates, recorded in Volume 2321,
Page 939, Deed Records, Denton County, Texas (D.R.D.C.T.);
THENCE South 02 degrees 19 minutes 00 seconds West, with Mayhill Road, a distance of 473.55 feet to a "PK"
Nail set in Mayhill Road for the southwest comer of said JNJ Prominence tract and the northeast corner of a tract of
land described by deed to the City of Denton, recorded in Volume 545, Page 102, D.R.D.C.T.;
THENCE South 89 degrees 48 minutes 44 seconds West, with the north line of said City of Denton, tract, a distance
of 114.81 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner;
THENCE North 02 degrees 16 minutes 28 seconds East, over and across said JNJ Prominence tract, a distance of
312.37 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for the beginning of a curve to the right,
having a radius of 10067.50 feet;
THENCE over and across said JNJ Prominence tract, with said curve to the right, through a central angle of 00
degrees 56 minutes 05 seconds, whose chord bears North 02 degrees 44 minutes 30 seconds East at 164.25 feet, an
arc length of 164.26 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the south line of
said Ken Hodge and Associates tract;
THENCE South 88 degrees 39 minutes 45 seconds East, with the south line of said Ken Hodge and Associates
tract, a distance of 113.73 feet to the POINT OF BEGINNING and containing 1.251 acres of land, more or less.
C1107131-49
Parcel M029
R �)
0
Ken Hodge & Associates
I
Volume 2321, Page 939
W
I
O �
� M
O �
M
O 00
"
R.F. N883945W
S88n3945'E
t i
° O. B.
C.M.) 611.60'
—
I
113.73' E
_. ...K°'
t Ni1t1
I.R.S. Sel� 100
0 50 10
l
SCALE: V = 100'
Bearings shown hereon based on the City of
R=10067.50` L 1 da4.2'h'
&=:00056'05"
r
Denton GIS Network.
Chd=NO2 o44'30' E
R �'
164.25'
�3
x
NOTES:
I.R.F. = 1/2" Iron Rod Found
• I.R.S. = 1/2" Iron Rod Set with
I.R.S.
yellow cap stamped "Arthur
Surveying Company"
i
All improvements not shown hereon.
°'
• Blanket Easements recorded in Vol.
JNd Prominence Square, LP.:
Instr. No. 2009-27978
1
1�
141, Pg. 366, Vol. 1041, Pg. 742 &
i
Vol. 1067, Pg. 886 include this lot.
1
'
New Right-of-way 1.091 ac. (47,540 sq. ft.)
Xisting I111p4ied Dedication 0.160 ac
(6,9f,"2
W
w._ 1.:'-'1 4.1'"kS (54,502
sq. ft.)
Parcel M029
O
x
1",
` 9rdwft u
Sonkar°y Sewer Easement
\ 1 •-V°oiuone 659, Page 569
..... _....1.R.S.
(- ✓989"48'44'
114.81'
City of Denton
Volume 545, Page 102
"PK" Nail
3 Set
o
�^1, of
PI Z*
rV
,5 P.R.r"a
,EXHIBIT "
Mayhill Road
Parcel M029
1.251 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
City of Denton
Denton County, Texas
-- 2013 --
j r'r6iN' AA
"' ° w sii4iUi . ," mr
SURVEYORS CERT97CA77ON:
The undenigaed does hereby ca* to Title
Resources (G.F. No. 102403) that this survey was
this day made on the ground of the propeM legally
described hereon and is come[, and to the best of
my 1wowledge, there are no visible discrepancies,
conflicts, shorrages in area, boundary line conflicts,
encroachments, overlapping ofimprovements,
easements or rights of way that I have been advised
of except as shown hereon.
Arthur Surveying o., Inc.
Professional Land Surveyors
. . .......... -"" . ....... . . . ...... - - - ----------- - - -
�P.O.Box 54 — Lewisville, Texas 75067 -�-
Office: (972) 221-9439 Fax: (972) 221-4675
Established 1986
4v_k,,
4� rtur Surveying Co., I nc.
�ro�essioxxa3 �.a,�d SaaxFreyors
P.O. Box 54 -- Lewisville, Texas 75067
Office: (972) 221-9439 — Fax: (972) 221-4675
EXHIBIT "A"
SLOPE EASEMENT
MAYHILL ROAD PROJECT
0.161 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469, and being part of that tract of land described by deed to JNJ Prominence Square, L.P., recorded under
Instrument No. 2009-27978, Official Public Records, Denton County, Texas, and being more particularly described
as follows:
COMMENCING at a "PK" Nail set in Mayhill Road for the northeast corner of said JNJ Prominence tract, same
point being in the south line of a tract of land described by deed to Ken Hodge and Associates, recorded in Volume
2321, Page 939, Deed Records, Denton County, Texas (D.R.D.C.T.);
THENCE North 88 degrees 39 minutes 45 seconds West, with the south line of said Ken Hodge and Asscoiates
tract, a distance of 113.73 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company"
(ASC)set for the POINT OF BEGINNING, same point being the beginning of a non -tangent curve to the left,
having a radius of 10067.50 feet;
THENCE over and across said JNJ Prominence tract, with said curve to the left, through a central angle of 00
degree 56 minutes 05 seconds, whose chord bears South 02 degrees 44 minutes 30 seconds West at 164.25 feet, an
are length of 164.26 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE South 02 degrees 16 minutes 28 seconds West, over and across said JNJ Prominence tract, a distance of
312.37 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer in the north line of a tract of land
described by deed to the City of Denton, recorded in Volume 545, Page 102, D.R.D.C.T.;
THENCE South 89 degrees 48 minutes 44 seconds West, with the north line of said City of Denton tract, a distance
of 25.02 feet to a point for corner;
THENCE North 02 degrees 16 minutes 28 seconds East, over and across said JNJ Prominence tract, a distance of
100.00 feet to a point for corner;
THENCE North 06 degrees 15 minutes 49 seconds East, over and across said JNJ Prominence tract, a distance of
378.61 feet to the POINT OF BEGINNING and containing 0.161 acre of land; more or less.
C1107131-49
Parcel M029-SF..
Ken Hodge & Associates
Volume 2321, Page 939
LO
00
l.R.F. N8839'45°'W .., C.
M
0
C. o-. 61 ! t. �
���.1��' ::5 45' 1
�"K Nail
R. S. Set100 0 50 100
} 1R�UIrI, "" _.
� � � SCALE. 1" — l00'
1 l Bearings shown hereon based on the City of
0��°05 � Denton GIS Network.
t "twa''. 164 25 "3!1'f1 0 3
o
W NOTES:
c E -9 0 I.R.F. =1/2" Iron Rod Found
I.R.S. = 1/2" Iron Rod Set with
b kR•S $ 3 yellow cap stamped "Arthur
Surveying Company"
h ,a All improvements not shown hereon.
LP
11➢ prominence trtln xzoa 5rg+aat�a o � • Blanket Easements recorded in Vol.
Cmt tc Na, C 0tY9 „2 0, 1y g 141, Pg. 366, Vol. 1041, Pg. 742 &
��.t Vol. 1067, Pg. 886 include this lot.
lope E
0161 Act- e
(M28 sq. 11)
i
I / /'n
a f^ ,
�, F'ur.:�vwvovvd �,t,p
� d 'W�i"i, hail. 'it*!ad' yea ✓ s,
r�All
... + SNRH4.8i4 E
�y}�y.,r�^P ti, 0 „
25.02' d
„co
City of Denton m,l to
Volume 545, Page 102
5 Mi.. R. F.
C.
SURVEYORS CERTWICAUON:
1 P The undersigned does hereby t ito Tide
Resources (G.F. No. ] 02403) that this s survey was
this day made on the ground of the property legally
described hereon and is correct, sort to the best of
SLOPE
EASEMENT rirykaiow du,,%d@�emarenowisiWtdl.,wj��pvan,,ics,
1\J ntilllrPs, Nuwr rsSruarea battceerdaevRao a udeceaP
encroachments, overlapping ofuoprovements,
Mayhill Road Project easements orfightsofway that
wn hereon.
been advised
of except as shown hereon.
0.161 Acre
M.E.P. & P.R.R. Co. Survey, rthur Surveying Co., Inc.
Abstract Number 1469 13m onal Land Surveyors
City of Denton P.O.Box 54 — Lewisville, Texas 75067
Office: (972) Established221-9439
Office: 221-4675
Denton County, Texas
-- 2013 --
Denton County
Juli Luke
County Clerk
Denton, TX 76202
70 2015 00020851
Instrument Number: 2015-28851
As
Recorded On: March 23, 2015 Partial Release
Parties: JNJ FAMILY LP
To
Comment:
( Parties listed above are for Clerks reference only )
** THIS IS NOT A BILL **
Partial Release 50.00
Total Recording: 50.00
Billable Pages: 7
Number of Pages: 7
************ 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: 2015-28851 TITLE RESOURCES
Receipt Number: 1266264 WILL CALL
Recorded Date/Time: March 23, 2015 02:59:17P DENTON TX 76202
User / Station: C Robinson - Cash Station 1
«w
THE STATE OF TEXAS }
✓
COUNTY OF DENTON }
the date/time
/
I hereby certify that this Instrument was FILED In the File Number sequence on
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
�
Jull Luke
~r
County Clerk
Denton County, Texas
r
DATE: April 16, 2015
RESOURCES
GF NO: 102403
TO: CITY OF DENTON-ENGINEERING DEPT
ATTN: LUANNE OLDHAM
901-A TEXAS STREET, 2ND FLOOR
DENTON, TX 76209
RE: Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced file
as MEP & PRR CO., Abstract #1469, Tract 18, Denton County, Texas and being commonly known as
MAYHILL ROAD, DENTON, TEXAS 76208 ("Property").
We are pleased to enclose an Owner's Title Policy No. 103-0-102403 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
103-0-102403
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-I OWNER'S POLICY (2/1/10)
Policy No.: 103-0-102403
TITLE RESOURCES GUARANTY-UOT7.P.J*,2A"`
SCHEDULE A
FrWRIM-TROT, ST.•".4z
File No.: 102403
Amount of Insurance: $46,203.00
Date of Policy: March 23, 201-f,
1. Name of Insured:
TITLE RESOURCES GUARANTY
COMPANY
8111 LBJ Freeway, #1200, Dallas, TX 75251
2. The estate or interest in the Land that is insured by this policy is:
3. Title is insured as vested in:
4. The Land referred to in this policy is described as follows:
Premium: $571.55
Being two tracts of land (Mayhill Road Parcel M029 1.251 acres and Slope Easement 0. 161
acre) situated in the M.E.P. and P.R.R. Co. Survey, Abstract Number 1469, City of Denton,
Denton County, Texas, and being more particularly described in the Exhibits "A" and
Exhibits "B" attached hereto and made a part hereof for all purposes.
File No.: 102403 Page I of 2
08 TLTA — T- I Owner's Policy
Arthur Surveying Co., Inc.
F.O. BOX 54 —LOWisvit1c."Eexas 7506-7
Offloc: (97.7) 221-9439 — FaX (972) 221-11675
EXMIT "A"
MAYMLL ROAD
PARCEL M029
1.251 Acres
City of Denton, Denton County, Texas
BRING all that certaij, lot, tractor parcel of land situated in the MRV &PA.R. Co. Survey, Abstract Number
1469,
and being part of that tract of land described by deed to JNJ Prominence Square, LY, recorded under
instrument No. 2009-27978, Official Public Records, Denton County, Texas, and being more,, Particularly described
as follows.
BEGINNING at a VK" Nail set in M&yhill Road for the northeast corner of said JNJ Prorninence tract, dame point
being in the, S011th lille Of a tract of land described by deed to Ken Hodge and Associates, recol,ded in " oluine 2.321,
Page 9391 Deed Records, Denton Count Texas, (D,R.D.C-T,);
7HENCE South 02 degrees: 19 Minutes 00 seconds West, witil MayWlj Road, a distance of 473.55 feet to a "W"
Nail set in 144ybill Road for the southwest corner of said JWJ Prominence tract and the noTtlicast corner ofa tract of
land desctibed by deed to the City of J)entotl, recorded in Volurne 545, page 102, DRD.C,T,;
THENCE South 89 degrees 48 mimdes, 44 secondS West, with the north line of said City of Denton, tract a distance
of 114.81 feet to a 1/2 inelt iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for'coracr,
THENCE Nordi 02 degrees 16 minutes 28 seconds East, over and across said JNJ Pronin'ience tract:,
a distance of
312.37 feet to a 1/2 inch iron rod with Yellow cap Stamped "ASU set for We beginning of a curve to the right,
having a radius of10067.50 feet;
THENCE Over and across said JNJ Prominence tract, with said curve to the right through a central angle of 00
degrees .56 mbitites 05 secouds, whose chord bears North 02 degrees 44, minutes 30 seconds J,-'ast at 16,415 beet, an
arc length of 164.26 feet to a 1/2 hich irou rod, wit I
w Hodge and Associates tract;
said lieI Yellow cap stamped "ASCII set for corner in the south line Of
THEN CE'south 88 degrees 39 minutes 45 seconds East, with the,, .out 111
in, ofsaicl Ken Hodge and Associates
tract, a distance of 113.73 feet to the POIN770F BEGINNING and colitabling 1,251 acres of land, more or less.
OF r,
'V
JORN"W'AUSSELL —
lac
OA
ka,
Ct107131-49
Parcel M029
Von Hodge & AsGoolates
Volume 2324 Page 939
M88139'45'W
S88*39454
0. B.
671.60'
C>— — — — -V&
113.731 A
r1R,S,
d eel
too
e
0 50 too
It
SCALE: I" - 100'
1t10067.50'
Bearings shown hereon based on the City of
A—W`56'05"
Denton GIS Network.
CIA-NO204470T
164.25'
NOTES:
# I.R.F. = 1/2" Iron Rod Found
I.R.S.
0 I.R.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All irnproverneats not shown hereon,
JW Prominonce Square, LP.
Blanket Easements recorded in Vol,
Imstr, Na 2009-27078
141, Pg. 366. Vol. 104 1, Pg. 742 &
Vol. 1067, Pg. 886 include
this lot.
SMItary Sewer fos(:Meat
volot" 609, No569 ve,
Lim'
ro" S89;741PT 9
tAt >. City of Denton
Volume 545. Page 102
EXHIBIT 11B I'
Mayhill Road
Parcel M029
1.251 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
City of Denton
Denton County, Texas
—2013—
Now Right-of-way 1.091 ac. (47,540 sq. ft.)
ExistinalLxplied Dedication 0.160 sq, A)
1.2 AMS (54,502 sq, fQ
Parcel M029
7PW
set"
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Arthur Surveying 0), Inc.
Prof"
P-0-i;;--54 -Texas -75067---
Offloe- (072) 201-11 9 FAX: (972) 22L-4675
Ustablished, 19016
Arthur Surveying Co., Inc.
P.O. BOX 54 — Lzwisvillc, Texas 75067
Oft— (972) 221-9439 — Fa= (972) 221-4675
EXHIBIT "A"
SLOPE EASEMENT
MAYHILL ROAD PROJECT
0.161 Acres
City of Denton, Denton County, Texas
BEING all that certain lot tract or parcel of land situated in the M.B.P. & P.R.R. Co. Survey, Abstract Number
1469, and being pant of that tract of land described by deed to JNJ Prominence Square, L.P,, recorded under
Instrument NO, 2009-27978, Official Public Records, Denton County, Texas, and being more particularly described
as follows:
COMMENCING at a "W'Nail set in Mayllill Road for the uorlhe8st comer of said JNJ h-omirlence tract, sanle
point being in the South line of a tract of land described by deed to Ken llodoge. and Associates, recorded in Volwne
232 1, Page 939, Deed Records,, Denton County, Texas (DA.D.C.T);
THENCE North 88 degrees 39 minutes 45 seconds West, with the south line of said Keir Hodge and Asscoiates
tract, a, distance of 113,73 feet to a 1/2 inch iron rodApith yrjl()w ap, q1, 1p d
c ta r e "Arthur Surveying Company"
(A"S sets for the POINT OF BEGINNING, same point being the beginning of a non -tangent curve to the left,
having a radius of 10067.50 feet;
TH'ENCE over and across said YNJ Prominence tract witl, said curve 0 be left, f00
de t t e , through a central angle o
filagree 56 minutes 05 seconds, whose chord bears South 02 degrees 44 rninutes 30 seconds West at 16425 feet, an
arc length of 164.26 feet to a 1/2 inch iron rod with Yellow cap stamped "ASC set for corner;
THENCE South, 02 degrees 16 rninutes 28 seconds West over and across said JNJ Prominence tract a distance of
31137 feet to a 112 inch iron rod with yellowy yellocap stiamedp '
"ASC" set fur comer in the north line of atract ofland
described by deed to the City of Denton, recorded in Volunie 545, Page 102, D.R.D.C.T.;
THENCE South 89 degrees 48 minutes 44 seconds West, with the north line of said City of Denton tract, a distance
of 25.02 feet to a point for comer;
THENCE North 02 degrees 16 minutes 28 seconds East, over and across said JNJ Prominence tract, a distance of
100,00 feet to a point fbr corner,
THENCE North 06 degrees 15 minutes 49 seconds East, ov(,,,j- and across said JNJ Prominence tract, a distance of
378,61 feet to the POINT OF BEGINNING and containing 0.161 acre of 'land, more or less.
OF
T
RUSS
0,
C1107131-49
Parcel M029-SE
Ken Hodge & Assoolates
volume 2821. Page 939
1J8839'45"W'ro
eiL dc4-100 d J0' &
L)
a16t4,2°
A--00,�405"
'. I10. 02- "30°;
1t.2dr
OF
t
. � r
.e
u
J8J Prorrrlareneo Square, J.P.
lrtatx; N% 2009 - R7970
A
1
Slope Easement a
��
0.161 Acre
(7,028 sy" fl.)
FrJ � it
Saandory^ Sir' l�
tut. ss04 t 8 9
N89"49'44T
ae�IK" aFf
38 °�i8" '� e
25.02'
City of Denton to
Volume 545, Page 102
EX, JIB"
SLOPE EASEMENT
Mayhzill Road Project
0.161 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
City of Denton
Denton County, Texas
-- 2013 —
100 0 50 100
SCALE. 1 °' m 100'
Bearings shown hereon based on the City of
Denton 41S Network.
NOTES:
• I.R.F. = l/211 Iron Rod Found
• I.R.S. - 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Blanket Basements recorded in Vol.
141, Pg. 366, Vol. 1041, Pg. 742 &
Vol. 1067. Pg. 886 include this lot.
h
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of cra rr4rr as ,rdotor frprma
rthur Surveying Co., Inc.
P.O.Box 54 — Lewisville, Texas 75067
Office: (972) 221 9439E Fax: (972) 221-4675
ltstablislaed 1986
TLTA T-I OWNER'S POLICY (2/1/10) Policy No.: 103-0-102403
1T ][Ef "IT_U$_,'1'TfjtMTT
SCHEDULEB
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. I 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 2015, 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 FRANK KLUCK and WILHEMINE KLUCK to LONE STAR GAS
COMPANY filed June 21, 1915, recorded in Volume 141, Page 366, Deed Records of Denton
County, Texas.(Blanket Easement)
b. No liability is assumed by reason of location of power poles and overhead utility line running
across tract as shown on survey prepared by John M. Russell, RPLS NO. 5305, dated May 20,
2013. (Affects Parcel M029 1.251 acres)
c. Mineral Estate and Interest described in instrument filed March 23, 2015, CC# 2015-28849, Real
Property Records of Denton County, Texas. (Title to said interest not checked subsequent
thereto.)
d. Terms, Conditions and Stipulations as described in Slope Easement filed March 23, 2015, CC#
2015-28850, Real Property Records of Denton County, Texas.
File No.: 102403 Page 2 of 2
08 TLTA — T-1 Owner's Policy
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 ` Executive Vice rae;�nak �l
5258 j 1X)J; , Ste 1( w. P c
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.
Q) "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
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
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
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
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:
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
(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.
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.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
(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
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
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Title Resources Guaranty
Company's toll -free telephone number for
information or to make a complaint at:
1-800-526-8018
You may also write to Title Resources
Guaranty Company at:
Attention: Claims Department
8111 LBJ Freeway, Suite 1200
Dallas, TX 75251
You may contact the Texas Department of
Insurance to obtain information on
companies, coverages, rights or complaints
at:
1-800-252-3439
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 company 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:
Usted puede Ilamar al numero de telephono
gratis de Title Resources Guaranty
Company's para informacion o para someter
una queja al:
1-800-526-8018
Usted tambien puede escribir a Title
Resources Guaranty Company at:
Attention: Claims Department
8111 LBJ Freeway, Suite 1200
Dallas, TX 75251
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de companias, coberturas, derechos
o quejas al:
1-800-252-3439
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: Cons umerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O
RECLAMOS:
Si tiene una disputa concerniente a su prima
o a un reclamo, debe comunicarse con la
compania 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.
28 TAC § 1.601(a)(3)
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 Title Resources Guaranty Company.
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.: 102403
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. 102403
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 102403
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)