1999-288AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND LAKE CITIES CONGREGATION-DENTON-OF JEHOVAH'S WITNESSES,
INC, RELATING TO THE PURCHASE OF 0003 ACRES OF LAND FOR THE
EXPANSION OF U S HIGHWAY 77 (PARCEL 34), AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the City Manager is hereby authorized to execute a Real Estate
Contract between the City and Lake Cities Congregation-Denton-of Jehovah's Witnesses, Inc, in
substantially the form of the Real Estate Contract which is attached to and made a part of this
ordinance for all purposes, for the purchase of 0 003 acres of land for the expansion of U S
Highway 77 (Parcel 34)
~ That the City Manager is authorized to make the expenditures as set forth
In the attached Real Estate Contract
S_F~C~_TLQ__h~ That this ordinance shall become effective ~mmedlately upon its passage
and approval
PASSED AND APPROVED flus the day of ~r..pa~.~a, 1999
JACK I~'I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS
COUNTY OF DENTON
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE as made by and between LAKE CITIES
CONGREGATION-DENTON-OF JEHOVAH'S WITNESSES, INC (hereanafter
referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule
municipality, of Denton, Denton County, Texas, (hereinafter
referred to as "Purchaser"), upon the terms and condltaons set
forth herein
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser
hereby purchases and agrees to pay for all that certaan tract,
lot or parcel of land described =n Exhibit "A" attached wzth all
r~ghts and appurtenances pertaznzng to the saad property,
· nclud~ng any r~ght, t~tle and ~nterest of Seller ~n and to
adjacent streets, alleys or r~ghts-of-way (all of such real prop-
erty, r~ghts, and appurtenances beang hereanafter referred to as
the "Property"), together wath any ln%orovements, faxtures, and
personal property s~tuated on and attached to the Property, for
the conszderat~on and upon and subject to the terms, provasaons,
and cond~taons hereznafter set forth Seller shall pay all cost
for the removal, ~nstallat~on, constructaon, reanstallataon,
recons~ructaon, labor and materials for any and/or ~mprovements
located w~than the property described an Exh~bat "A" Any
amprovements not removed by Sept~er 1, 1999 shall become
property of the C~ty of Denton, Texas
PURCHASE PRICE
i Amount of Purchase Pr=ce The purchase prace for the
Property shall be the sum of $250 00 00
2 Pa~nent of Purchase Prace The full amount of the
Purchase Price shall be payable an cash at the closang
PURCHASER'S OBLIGATIONS
The oblagations of Purchaser hereunder to cons,,~""-te the
transactions contea~lated hereby are subject to the satLsfactaon
of each of the followang condataons any of whach may be waLved an
whole or ~n part by Purchaser at or praor to the closLng
I Prel~manar~ Tatle Re~ort Wathan twenty (20) days after
the date hereof, Seller, at Seller's sole cost and exloense, shall
have caused the Tatle Company (hereanafter defaned) to assue a
owners polacy c~-~tment (the "C~tment") accom~anaedbycopaes
of all recorded documents relatang to easements, raghts-of-way,
etc , affecting the Property Purchaser shall gave Seller
written not~ce on or before the exp=rataon of ten (10) days after
Purchaser receives the Commitment that the cond~taon of tatle as
set forth an the Commatment is or as not satisfactory In the
event Purchaser states the cond~taon of t~tle ~s not
satisfactory, Seller shall, at Seller's option, promptly
undertake to el~manate or modafy all unacceptable matters to the
reasonable sat~sfactaon of Purchaser In the event Seller as
unable to do so wathan ten (10) days after receapt of written
not~ce, thas Agreement shall thereupon be null and voad for all
purposes, otherwase, this conditaon shall be dee~ed to be
acceptable and any objection thereto shall be deemed to have been
waaved for all purposes
2. Surve~ Purchaser may, at Purchaser's sole cost and
expense, obtaan a current survey of the Property, prepared by a
duly lacensed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the locataon
of all ~m~rovements, h~ghways, streets, roads, raalroads, ravers,
creeks, or other water courses, fences, easements, and raghts-of-
way on or adjacent to the Property, af any, and shall contaan the
surveyor's cert~facataon that there are no encroachments on the
Property and shall set forth the D~,m~er of total acres comprasang
the Property, together wath a metes and bounds description
thereof
Purchaser w~ll have ten (10) days after receapt of the survey
to revaew and approve the survey In the event the survey as
unacceptable, then Purchaser shall wathan the ten {10) day
per~od, gave Seller wratten notate of thas fact Seller shall,
at Seller's optaon, promptly undertake to elamanate or modify the
unacceptable portaons of the survey to the reasonable
satas~actaon of Purchaser In the event Seller as unable to do
so within ten (10) days after receipt of wratten notace,
Purchaser may terminate thas Agreement, and the Agreement shall
thereupon be null and voad for all purposes and the Escrow
Deposit shall be returned by the Tatle Company to Purchaser
Purchaser's failure to give Seller thas wratten not~ce shall be
deemed to be Purchaser's acceptance of the survey
AEE008FE PAGE 2
3 Seller's Con~laance Seller shall have performed, ob-
served, and complaed wath all of the covenants, agreements, and
condat~ons requared by th~s Agreement to be performed, observed,
and complaed with by Seller praor to or as of the closang
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warrantaes shall be deemed
made by Seller to Purchaser also as of the closang date
I There are no part~es an possession of any portaon of the
Property as lessees, tenants at sufferance, trespassers or other
part~es
2 Except for the praor actaons of Purchaser, there as no
pendang or threatened condemnation or samalar proceedang or
assessment or suat, affecting t~tle to the Property, or any part
thereof, nor to the best knowledge and belaef of Seller as any
such proceedang or assessment contemplated by any governmental
authoraty
3 Seller has complied w~th all applacable laws, ordxnanoes,
regulations, statutes, rules and restr~ctaons relating to the
Property, or any part thereof
4 To the best of the seller's knowledge, there are no toxac
or hazardous wastes or materials on or wathan the Property Such
toxic or hazardous wastes or materaals anclude, but are not
lam~ted to, hazardous materaals or wastes as same are defaned by
the Resource Conservation and Recover~ Act (RCRA), as amended,
and the Comprehensive Envaronmental Response Compensataon and
Laabal~ty Act (CERCLA), as amended
CLOSING
The closing shall be held at the offace of Dentex T~tle
Company on or before August 31, 1999, or at such tatle company,
tame, date, and place as Seller and Purchaser m~y mutually agree
upon (whach date as here~n referred to as the "closing date")
CLOSING REQUIREMENTS
i Seller's Rec~u~rements At the closang Seller shall
A Deliver to State of Texas, actang by and through the
Texas Transportation Comunassaon a duly executed and
acknowledged Deed an the form as attached hereto as
AEE008 FE PAGE 3
Exhabat "B" conveyang good and marketable tatle to all of
the Property, free and clear of any and all laens,
enc-m~rances, oonctttaons, easements, assessments, and
restractaons, except for the followang
i General real estate taxes for the
year of closang and subsequent years not
yet due and payable,
2 Any exceptaons approved by Purchaser
pursuant to Purchaser's Oblagataons here-
of, and
3 Any exceptaons approved by Purchaser
B Delayer to Purchaser a Texas Owner's Polacy of Tatle
Insurance at Purchaser's sole expense, assued by Dentex
Tatle Company, Denton, Texas, (the "Tatle Company"), or
such tatle company as Seller and Purchaser may mutually
agree upon, an Purchaser's favor an the full amount of
the purchase prace, ansurang fee sample tztle for the
State of Texas to the Property subject only to those
t~tle exceptions lasted an Closan~ Recluarements hereof,
such other exceptaons as may be approved an wratang by
Purchaser, and the standard pranted exceptaons contaaned
an the usual form of Texas Owner's Polacy of Tatle
Insurance, provaded, however
I The boulldary and survey exceptaons
shall be deleted af requaredby Purchaser
and af so requared, the costs associated
wath same shall be borne by Purchaser,
2 The exceptzon as to restractave cove-
nants shall be endorsed "None of Record",
3 The exoeptaon for taxes shall be
l~mated to the year of closang and shall
be endorsed "Not Yet Due and Payable",
and
4 The exoeptaon as to laens eno~m~erang
the Property shall be endorsed "None of
Record"
AEE008 FE PAGE 4
C Deliver to Purchaser possession of the Property on
the day of closing
2 Purchaser's Rec/ulrements Purchaser shall pay the
consideration as referenced ~n the "Purchase Price" section of
th~s contract at Closing ~n Lm~ed~ately available funds
3 ClosLng Costs Seller shall pay all taxes assessed by
any tax collectLon authorLty through the date of Clos=ng Ail
other costs and expenses of closang an cons,~-~t~ng the sale and
purchase of the Property not speoafacally allocated here~n shall
be paid by Purchaser
REAL ESTATE CO~ISSION
Ail oblLgatLons of the Seller and Purchaser for payment of
brokers' fees are contaaned Ln separate wrLtten agreements
BREACH BY SELLER
In the event Seller shall fall to fully and t~mely perform
any of ars oblagataons hereunder or shall fall to consummate the
sale of the Property except Purchaser's default, Purchaser may
e~ther enforce specaf~c performance of th~s Agreement or
terminate th~s Agreement by written not~ce delivered to seller
BREACH BY PURCHASER
In the event Purchaser should faal to cons-mmate the purchase
of the Property, the condataons to Purchaser's obligations set
forth an PURCHASER'S OBLIGATIONS having been satLsfaed and
Purchaser beang an default Seller may eather enforce spec~fac
performance of thas Agreement, or tezmznate th~s Agreement by
wrLtten not~ce dalavered to purchaser
MISCELLANEOUS
1. Assa~nment of Agreement Thas ~reement may be assagned
by Purchaser wathout the express wrLtten consent of Seller
2 SurvLval of Covenants Any of the representataons, war-
rantaes, covenants, and agreements of the partaes, as well as any
raghts and benefats of the partaes, perta~nang to a peraod of
t~me followLng the closing of the transactLons conte~olated
hereby shall survave the closLng and shall not be merged therean
AEE008FE PAGE 5
3. Notate Any notate requared or permitted to be delivered
hereunder shall be deemed received when sent by Unated States
maal, postage prepaid, certified ma~l, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the sagnature of the party
4. Texas Law to Apply Thas Agreement shall be construed
under,and in accordance with the laws of the State of Texas, and
all oblagataons of the parties created hereunder are performable
· n Denton County, Texas.
5. Partaes Bound Thas Agreement shall be b~ndxng upon and
anure to the benefit of the partaes and thear respectave hears,
executors, admanastrators, legal representatives, successors and
assigns where pe~nxttedby this ~ree~ent
6. Le~al Construction. In case any one or more of the pro-
v=s=ons contained in this Agreement shall for any reason be held
to be anvalad, ~llegal, or unenforceable ~n any respect, sa~d
valadaty, allegality, or unenforceabal~ty shall not affect any
other provision hereof, and thas Agreement shall be construed as
· f the invalid, ~llegal, or unenforceable provision had never
been contaaned herean
7 Prior A~ree~ents Superseded Th~s Agreement constatutes
the sole and only agreement of the part~es and supersedes any
prior understandings or wratten or oral agreements between the
part~es respecting the within subject matter
8 TLme of Essence Txme as of the essence Ln thas
Agreement
9 ~ender. Words of any gender used an th~s ~reement shall
be held and construed to include any o~her gender, and words Ln
the sangular n-m~er shall be held to Lnclude the plural, and vLce
versa, unless the context requLres otherwLse
10 Memorandum of Contract Upon
both partLes shall pro~mtly execute
Agreement suLtable for filang of record
request of e~ther party,
a memorandum of th~s
11. Compliance. In accordance w~th the requirements of the
Texas Real Estate License Act, Purchaser ~s hereby advised that
at should be furnashed w&th or obtain a policy of t~tle ansurance
or Purchaser should have the abstract coverang the Property
ex=m~ned by an attorney of Purchaser's own select~on
AEE008FE PAGE 6
12 Tame Lin=t. In the event a fully executed copy of thas
Agreement has not been returned to Purchaser wath~n ten (10) days
after Purchaser executes thas Agreement and delayers same to Sel-
ler, Purchaser shall have the raght to terminate thas Agreement
upon wratten notate to Seller
DATED thas _~ day of ~H~, , 1999
SELLER
LAKE CITIES CONGREGATION-DENTON-
TITLE ~, O~m-w~_
PURCHASER
THE CITY OF DENTON, TEXAS
215 E McKanney
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
anstrument is acknowledged before me, on thas _~'__day of
, 1999 by M~ohael W Jez, C~ty Manager, of the Caty
municipal oorporataon, known to me to be the person
and officer whose name as subscribed to the foregoang anstrument
and acknowledged to me that the same was the act of the saad Cxty
of Denton, Texas, a municapal corporataon, that he was duly
authorazed to perform the same by appropriate ordinance of the
Caty Counoal of the Czty of Denton and that he executed the same
as the act of the sa~d Caty for purposes and consaderat~on
therean expressed, and an the cap~ty there~n sta~ed
~otaryyPublic an and for the State of Texas
...... JFNNIFER ~( WAtTI=R8
De=ember 19, 2002
~EE008FE PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
Thls instrument is acknowledged before me, on th~s ~ day of
A~,~.$~ , 1999 by~, LAKE CITIES
CONGrEGATION-DENTON-OFf--JEHOVAH S WITNESSES, Incorporation, a
Texas Co~looratLon known to me to be the person and officer whose
name Ls subscribed to the foregoing Lnstrument and acknowledged
to me that the same was the act of th~~r~
AEE008 FE PAGE 8
County Denton
Highway U.S. 77
Project Umlts'
csJ.
Account.
From
EXHIBIT "A"
Page 1 of 1
Rev December 19, 1994
FIELD NOTES FOR PARCEL 34
BEING A PARCEL OF LAND SITUATED IN A CALLED 4-ACRETRACT OF LAND CONVEYED TO JOE W SHERRILL
AND WIFE, MARY LAJEAN SHERRILL, RECORDED IN VOLUME 605, PAGE 464, DEED RECORDS OF DENTON
COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE B.B.B & C.R R SURVEY, ABSTRACT NO 186, CITY
OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found ll2-1noh Iron rod for the northeast corner of a 1 036-acre tract of land,
aa described In a release of lien In Volume 952, Page 566, DRDCT,
THENCE N 01 o 36' 32" E, along the east line of said Sharrill tract and a west line of a tract of land conveyed t6
Roy D Martin, aa recorded In Volume 416, Page 215, DRDCT, a distance of 420 79 feet to a set 5/8-Inch iron
rod with an aluminum gap being the POINT OF BEGINNING and said point being on the new south right of way
line of U S. 77,
(1)
THENCE N 58° 11' 37" W, along the new south right of way line of U S 77, a distance of
23 10 feet to · act 5/8-1nth iron rod with an aluminum cap in the north line of said Sherrlll tract
and a south line of said Martin tract;
(2)
THENCE S 88° 52' 38" E, along th~ north line of said Sherrlll tract and a south line of smd Mamn
tract, a distance of 19.96 feet to a fence comer found for the northeast comer of said Shemll
tract, same being an interior comer of said Martin tract,
(3)
THENCE S 01 o 36' 32" W, along the east line of said Sherrill tract and a west line of said Martin
tract, a distance of 11.79 feet to the POINT OF BEGINNING, and containing 0 003 acre, or 118
square feet of land, more or Ieee.
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR
NAME AND THE POLICY AMOUNTARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED
REPRESENTATIVE HA8 COUNTERSIGNED BELOW
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
FIDELITY NATIONAL TITLE INSURANCE COMPANY
We, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation, will
~ssue our title Insurance policy or policies (the Policy) to You (the proposed ~nsured) upon
payment of the premium and other charges due, and compliance w~th the rrequ~rements in
Schedule B and Schedule C Our Policy w;ll be in the form approved by the Texas
Department of Insurance at the date of Issuance, and will insure your ;nterest ;n the land
described in Schedule A The estimated premium for our Policy and applicable endorse-
ments Is shown on Schedule D There may be additional charges such as recording fees
and expedited delivery expenses
This Commitment ends mnety (90) days from the effective date, unless the Policy is Issued
sooner, or failure to Issue the Policy is our fault Our liability and obhgations to You are under
the express terms of this Commitment and end when this Commitment exp,res
DENTEX TITLE COMPANY
300 N ELM STE 101
DENTON, TEXAS 76201
Fidelity Nedonal Title Insurance Company
ATTEST
Authorized Signatory
FORM 1117:~ (1-t-93) TEXA8 - COMMITMENT FOR T[I'LE INSURANCE
REPRINTED (10/9~) Bffeotlve %1-8~
GF Number 97-17695
Form Commitment for Title Insurance Form prescribed by Texas Department of Insurance (Rewsed 1/1/93)
SCHEDULE A
GF NO or File No 97-17698
Effective Date of Commitment Februar~ 10, 1999
Issued March 8, 1999
800AM
The policy or policies to be Issued ars
(a) OWNER POLICY OF TITLE INSURANCE (Form T-1 )
(Not applicable for improved one-to-four family rssldential rsal estate)
Policy Amount
PROPOSED INSURED The City of Denton
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
-ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R)
Policy Amount
PROPOSED INSURED
(c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount
PROPOSED INSURED
Proposed Borrower
(d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount
PROPOSED INSURED
Proposed Borrower
(e) OTHER
Policy Amount
PROPOSED INSURED
The ~ntarest in the land covered by this Commitment Is
Fee Simple
Record tiffs to the land on the Effective Date appears to be vested in
Lake Cities Congrcaatlon-Dcnton-of Sshovah's Wtttaassas, Inc
Legal description of land
~'Part of Lot 1, Block 1 of Lake Clnas Adthtxon, an addmon to the City of Denton, m Denton County, Texas, according to
the plat thereof recorded m Cabinet N, Shde 320, Plat Records of Denton County, Texas, more par~cularly descnbed m
Exhtb~t "A" attached hereto and made a part hereof
Schedule A of this Commttment consists of I pass(s)
Fidelity National Title Insurance Company
County Denton
H~ghway IJ ~ 77
Project Limits
CSJ 0195-02-
Account
EXHIBIT
From I H 35
To ~J.S. 380
Page 1 of 1
Rev December 19, 1994
FIELD NOTES FOR PARCEL 34
BEING A PARCEL OF LAND SITUATED IN A CALLED 4-ACRE TRACT OF LAND CONVEYED TO JOE W SHERRILL
AND WIFE, MARY LA JEAN SHERRILL, RECORDED IN VOLUME 605, PAGE 464, DEED RECORDS OF DENTON
COUNTY, TEXAS {DRDCT}, AND BEING SITUATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186, CITY
OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-tach iron rod for the northeast corner of a 1 036-acre tract of land,
as described m a release of ben m Volume 952, Page 566, DRDCT,
THENCE N 01 o 36' 32" E, along the east hne of sa~d Shernll tract and a west line of a a'act of land conveyed to
Roy D Martin, as recorded m Volume 416, Page 2.15, DRDCT, a d~stance of 420 79 feet to a set 5/8-Inch ~ron
rod w~th an aluminum cap,)sing the POINT OF BEGINNING and sa~d point being on the new south right of way
hneofUS 77,
(1) THENCE N 58° 11' 37" W, along the new south nght of way line of U S. 77, a distance of
23 10 feet to s set 5/8-tach iron rod with an aluminum cap m the north line of said Shernll tract
and a south line of said MartJn tract,
(2)
THENCE S 88° 52' 38" E, along the north line of smd Shernll tract and a south line of said Martin
tract, a distance of 19 96 feet to a fence corner found for the northeast corner of said Sherrdl
tract, same being an interior corner of said Martin tract,
(3)
THENCE S 01 o 36' 32" W, along the east line of said Sherr. II tract and a west line of said Martin
tract, a d~stance of 11 79 feet to the POINT OF BEGINNING, and conta~n.ng 0 003 acre, or 118
square feet of land, more or less
Jq~n F Wilder, RPLS
Texas No 4285
Date
Form Commitment for Title Insurance Form Prascrtbed by Texas Department of Insurance (Revised 1/1193)
Attached to and made a part of Fidelity National Title Insurance Company Commitment for Title Insurance
GF No 97-1769S
SCHEDULE B
EXCEPTION8 FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your pohcy will not cover loss, costs, attorney's fees and
expenses resulting from
The following restrictive covenants of record ~tamlzed below (We must either ~nsert specific recording data or
delete this exception)
DELETED
2
3
4
Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements
Homestead or community propetty or survivorship rights, ~f any, of any spouse of any ~nsured (Applies to the
Owner Policy only )
Any titles or fights asserted by anyone, including, but not limited to, persons, the pubhc, corporations,
governments or other entities,
a) to tidelands, or lands comprising the shores or beds of navigable or perenmal 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 artiflc~al islands, or
8
9
d) to statutory water rights, including riparian fights, or
e)
to the area extending from the line of mean Iow t~de to the hne of vegetation, or the rights of access to that
area or easement along and across that area
(Applies to the Owner Policy only )
Standby fees, taxes and assessments by any taxing authonty for the year 1999 and subsequent years, and
subsequent taxes and assessments by any taxing authority for pnor years due to change ~n land usage or
ownership
The terms and conditions of the documents creating your interest in the land
Materials furnished or labor performed In connection w~th planned construcbon before signing and dehvenng the
lien document described in Schedule A, If the land is part of the homestead of the owner (Apphes to the
Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deletad ~f satisfactory evidence to
us before a binder is issued )
Liens and leases that affect the title to the land, but that are subordinate to the hen of the Insured mortgage
(Applies,to Mortgagee Policy only )
The following matters and all terms of the documents creating or offering evidence of the matters (We must insert
matters or delete this exception )
a) Rights of Parties in Possession (Owners Title Policy)
b) Lien to be created in form acceptable to this company
Schedule B of this Commitmem conststs of 2 page(s)
Fidelity National Title Insurance Company
Form Commitment for Title Insurance Form Prescribed by Texas Department of Insurance (Revlsec1111193)
Attached to and made a part of Fidelity National Title Insurance Company Commitment for Title Insurance
GF No 97-17695
c)
d)
e)
f)
g)
h)
Any matters that m~ght anse as a result of a current survey of the subject property
Th~s policy Insures real estate only and does not insure title to any removables which may be situated
thereon
Any visible and apparent easements over and accmss said property, the existence of which does not appear
of record
Any part or portion of the here~n described property, lying w~thin the boundanes of a public or pdvate road or
nght of way
Easements and Braiding Setback L,nes as shown on Plat recorded m Cabinet N, SI,de 320, Plat Records of Denton
County, Texas
A~y outstandmlz o~1, gas arid other mmeral interest owned by others of record m the office of the County Clerk of Demon
County, Texas
Schedule B of this Commitment consists of 2 page(s)
Fidelity National Title Insurance Company
FORM Commitment for Title Insurance
GF No 97-1769S
From Proscribed by Texas Department of Insurance (Rews~d 111193)
SCHEDULE C
Your Pohcy w~ll not cover loss, costs, attorneys fees, and expenses resulting from the following requirements that w~ll
appear as Exceptions m Schedule B of the Policy, unless you d~spose of these matters to our satisfaction, before the date
the Pohcy is issued
Documents creating your btle or interest must be approved by us and must be signed, notanzed and filed for
record
2 Sat;sfactory ewdence must be prowded that
no person occupying the land claims any interest in that land against the persons named in paragraph 3
of Schedule A,
· all standby fees, taxes, assessments and charges against the property have been paid,
all Improvements or repairs to the property are completed and accepted by the owner, and that all
contractors, sub-contractors, laborers and supphers have been fully pa~d, and that no mechamc's,
laborer's or materlalman's liens have attached to the property,
· there is legal dght of access to and from the land,
(on a Mortgagee Policy only) restrictions have not been and w~ll not be wolated that affect the validity and
priority of the Insured mortgage
3
4
You must pay the seller or borrower the agreed amount for your property or ~nterest
Any defect, lien or other matter that may affect t~tle to the land or ~nterest insured, that arises or is filed after the
effective date of this Commitment
6
7
8
9
10
Upon receipt fo a survey acceptable to Company and upon payment of all the expenses ~n connecbon w~th the
survey and the applicable premium, ~f any, Item 2 of Schedule B will be deleted except for "shortages in area,"
subject to any additional exceptions revealed by the survey
Note Procedural Rule P-27 as provided for in Article (9 39 A of the Texas Insurance Code requires that "Good
Funds" be received and deposited before a Title Agent may disburse from ~ts Trust Fund Account
Obtain and return to title company a signed statement made by purchaser/borrower acknowledging receipt of t~tle
commitment prior to closing, and acceptance of the exceptions shown under Schedule B thereof
If the property is ocoupled by other than owner, obtain tenant's disclaimer or waiver, otherw~sa, exception will be
taken to fights of parties In possession
Obtain Seller's Affidavit as to no debts, liens, etc on said property for recent Improvements, if any, or under UCC
filing
Additional Closing Requirements (3 page form) must be signed and initialed by all parties in this transaction
11
Require proper documetaat~on showing who has the authority to execute documents on behalf of Lake Ctaos Congregation-
Denton-of Sehovah's Wtttnesses, Inc
Schedule C of tlus Comramnent consists of 2 paso(s)
Fidelity National Title Insurance Company
FORM Commitment for Title Insurance
GF No 97-1769S
From Pmscnbed by Texas Department of Insurance (Revised 1/1193)
BY
Authorized Countersignature
Schedule C ofth~s Commttment consists of 2 page(s)
Fidelity National Title Insurance Company
FORM Commitment for Title Insurance Form Prescribed by Texas Department of Insurance (10130/92)
GF Number' 97-1769S
The information comtelned In this Schedule (D) does not affect title to or the lien upon the lend described in Schedule A hereof, to be
Insured In any policy(ica) of title Insurance to be issued In accordance w~th this Commitment
As to Fidelity National Title Insurance Company, the Underwriter herein, the following disclosures are made
A-1 The following entities own more then 10% of Fidelity National Title Insurance Company, a Cahfomia corporation Listed also are the
Directors and Officers of Fidelity National Title Insurance Company
OWNERS OF 10%
OR MORE OF
Fidelity National Title
Insurance company
Fidelity National
Rnancial, Inc
DIRECTORS
William P Foley, II
Frank P Willey
Patrick F Stone
Carl A Strunk
Raymond R Quirk
OFFICERS
William P Foley, II
Patrick F Stone
Frank P Wdley
Carl A Strunk
Ronald R Maudsley
Andrew F Puzder
M'Liss Jones Kane
C E 0/Chairman
President
Executive Vice President
Executive Vice Prss~dent
Treasurer & C F 0
Executive Vice President
Regional Manager
Executive Vice President
General Counsel
Senior Vice President
Secretary
As to DENTEX TITLE COMPANY (Title Insurance Agent), the following disclosures are made
B-I The names of each shareholder, owner, partner, or other person having, owning or controlling one percent (1%) or more of the Title
Insurance Agent that will receive a portion of the premium are as follows
Ownem of 100% of Dentax Tiffs Company Adams Title Company
*Phil end Ruth Adams own t00% of Dentax Title Company*
B-2 Each shareholder, owner, partner, or other person having, owning or controlhng "0% percent (10%) or more of an enbty that has,
owns or controls one percent (1%) or more of the Title Insurance Agent that wdl re(.e~ve a portion of the premium are as follows
NONE
B-3 If the Agent is a corporation, the names of any dlrectora, president, executive or senior vice president, secretary and treasurer ~f
any of the Title Insurance Agent are as follows
Directors of Dentax Title Comspny Phil Adams, Ruth Adams & Rebecca Arnold-Anderson Officers of Dentax Tiffs Company
Rebecca AmoId-Anderaon, President, Jeck Hanna, Vice President & Stools Bourland, Secretary-Treasurer
C-1 You are entitled to receive advance disclosure of settlement chaq~sc in connection with the proposed transaction to which this
comm:tment relates Upon your request, such disclosure will be made to you Additionally, the name of any person, firm or
corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement
You are further advised that the estimated* title premium is
Owner Policy
Mortgagee Policy
Endorsement
Cha~ges
Total
Of this total amount $ or 17 75 % (complete one only) will be paid to Fidelity National Title Insurance Company, $
or 82 25% (complete one only) will be retained by Title Insurance Agent, and any remainder of the estimated premium w~il be
paid to other parties as follows
Amount Paid to Services
$ __ or % (complete only one)
$ or % (complete only one)
$ __ or % (complete only one)
*The estimated pramlum la besed upon information furnished to us aa of the date of this Commitment f°r Title Insurance Final determination of the
amount of the premium will be made at closing in accordance with the Rule~ end Regulations adopted by the State Board of Insurance
Fidelity National Title
OInsurance Company
DELETION OF ARBITRATION PROVISION
(Not appflcsble to the Texss Residential Owner Policy)
ARBITRATION is a common fo~ of alternative dispute resolution It can be a quicker and cheaper means to settle a dispute
with your Title Insurance Company However, if you agree to arbitrate, you give up your nght to take the Title Insurance
Company to court and your nghts to dmscovery of ewdence may be hmlted in the arbitration process In addmt~on, you cannot
usually appeal an arbmtrator's award
Your pohcy contains an arbitration provision shown below) It allows you or the Company to require arbitration if the amount
of ~nsurance ~s $1,000,000 or less If you want to retain your nght to sue the Company ~n case of a dispute over a clamm, you
must request deletion of the arbitration provision before the pohcy is issued You can do this by s~gnmng th~s fo~ and
returning it to the Company at or before the closing or your real estate transaction or by writing to the Company
The Arbitration provision ~n the Pohcy is as follows
"Unless prohibited by applmcable law or unless this arbitration section is deleted by specific provision In Schedule B
of this policy, either the Company or the Insured may demand arbltratmon pursuant to the Title Insurance Arbitration
Rules or the Amencan Arbltratmon Association Arbitrable matters may include, but are not hmmted to, any controversy
or clamm baleen the Company and the Insured ans~ng out of or relating to this Pohcy, and sewlce of the Company
in connection w~th its ~ssuance orthe breach of apolmcyprovlslon or other obhgatmon All arbitrable matters when the
Amount of Insurance ~s $I,000,000 or less SHALL BE arbitrated at the request of either the Company or the
Insured, unless the Insured is an indlwdual person (as distinguished from a corporation, trust, partnership,
association or other legal entity) All arbitrable mattem when the Amount of Insurance ~s In excess of $1,000,000
shall be arbitrated only when agreed to by both the Company a,nd the Insured Arbitration pursuant to this Pohcy and
under the Rules in effect on the date the demand for arbltratlo~ is made or, at the option of the Insured, the rules ~n
effect at the Date of Policy shall be binding upon the parties The award may include attorneys' fees only mf the laws
of the state in which the land is located permmt a court to award attorneys' fees to a prevalhng party Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court hawng jurisdiction thereof
The law of the status of the land shall apply to an arbltratmon under the Title Insurance Arbitration Rules
A copy of the Rules may be obalned from the Company upon request"
I request deletion of the Arbltratmon provision
SIGNATURE DATE
FORMT1019 (1-1 93) TEXAS DELETION OF ARBITRATION COMMITMENT
Effeotlve I