1996-077J \WPDOCS\ORD\CURRAY ORD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND HAZEL WHITE
CURRAY FOR THE PURCHASE OF REAL PROPERTY FOR LANDFILL PURPOSES,
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That it approves the attached agreement between the
City of Denton and Hazel White Curray for the purchase of real
property for landfill purposes and authorizes the C~ty Manager to
execute the agreement on behalf of the City
SECTION II. That it authorizes the expenditure of funds ~n
accordance with the terms of the agreement
SECTION III. That this ordinance shall become effective
lmmedlately upon its passage and approval.
PASSED AND APPROVED th~s the ~~ day of ~ , 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTR3%CT OF SALE Is made by and between Hazel White Curray
(hereinafter referred to as "seller") and CITY OF DENTON, TEXAS, a
home rule munlclpallty, of Denton, Denton County, Texas, (hereinaf-
ter referred to as ,'Purchaser"), upon the terms and conditions set
forth herein
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 1 5 acres of land situated in Denton County, Texas,
being more particularly described in Exhibit A attached hereto and
Incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertalnmng to the prop-
erty, including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the ,'Property") , together with any improvements, fmxtures, and per-
sonal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth
pURCHASE PRICE
1 Ar~ount of Purchase Price The purchase price for the
Property shall be the sum of One hundred sixteen thousand one
hundred dollars and no cents ($116,100 00)
2 Payment of Purchase Price The full amount of the Purchase
Price shall be payable mn cash at the closing
pURCHASER' S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following condmtmons any of whlch may be wamved in whole or
in part by Purchaser at or prior to the closing
i Prellmlnarv Title Report within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a pre-
llm!nary title report (the ,'Title Report") accompanied by copies of
all recorded documents relating to easements, rights-of-way, etc ,
affecting the Property Purchaser shall g~ve Seller written not~ce
on or before the expiration of ten (10) days after Purchaser re-
ceives the Tltle Report that the condlt~on of tlZle as set forth ~n
the title binder is or is not satisfactory, and ~n the event Pur-
chaser states the condition ls not satisfactory, Seller shall, at
Seller's optlon, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satlsfactlon of Purchaser
In the event Seller ~s unable to do so w~th~n ten (10) days after
recelpt of wrltten notice, th~s Agreement shall thereupon be null
and void for all purposes and the Escrow DeposlZ shall be forthwith
returned by the T~tle Company to Purchaser, otherwlse, thls con-
d~tlon shall be deemed to be acceptable and any objection thereto
shall be deemed to have been walved for all purposes
2 Survey Upon written request by Purchaser dellvered to
Seller contemporaneously w~th Purchaser's delivery of an executed
orlg~na! of this Agreement, Seller shall w~th~n twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, del~ver
to Purchaser a current survey of the Property, prepared by a duly
licensed Texas land surveyor acceptable to Purchaser The survey
shall be staked on the ground, and shall show the location of all
~mprovements, highways, streets, roads, railroads, r~vers, creeks,
or other water courses, fences, easements, and rlghts-of-way on or
adjacent to the Property, ~f any, and shall contain the surveyor's
certification that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together w~th a metes and bounds descrlpt~on thereof
Purchaser w~ll have ten (10) days after recelpt of the survey
to review and approve the survey In the event the survey is
unacceptable, then Purchaser shall w~th!n the ten (10) day per~od,
g~ve Seller written not~ce of thls fact Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser
In the event Seller ~s unable to do so w~thln Zen (10) days after
receipt of written not~ce, Purchaser may terminate th~s Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser Purchaser's failure to give Seller th~s written not~ce
shall be deemed to be Purchaser's acceptance of the survey
3 Seller's Compliance Seller shall have performed, ob-
served, and complied w~th all of the covenants, agreements, and
conditions required by th~s Agreement to be performed, observed,
and complied w~th by Seller prior to or as of the closing
REPRESENTATIONS AND WA~R3%NTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warrant~es shall be deemed made by Seller
to Purchaser also as of the closing date
A~E004FE PAGE 2
1 There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers
2 Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority
3 Seller has complied with all applicable laws, ordinances,
regulatlons, statutes, rules and restrictions relating to the
Property, or any part thereof
4 (a) There are no toxic or hazardous wastes or materials on
or within the Property Such toxic or hazardous wastes or
materials include, but are not limited to, hazardous materials or
wastes as same are defined by the Resource Conservation and
Recovery Act (RCRA), as amended, and the Comprehensive Environmen-
tal Response Compensation and Liab!llty Act (CERCLA), as amended
(b) The City of Denton assumes the risk of and agrees to
indemnify and hold Seller harmless, and to defend Seller against
and from all clalms, costs, liabilities, expenses (including
without limltatlon court costs and attorney's fees), or demands of
whatsoever nature or source for any defects or Environmental
Problems, latent or obvious, discovered or undiscovered, in the
real and chattel property to be conveyed hereunder, causing per-
sonal injury to or death of persons whomsoever (Including without
limitation employees, agents or contractors of the City of Denton,
Seller or any third party), or causing property damage or destruc-
tlon of whatsoever nature or contamlnatlon to the environment
(including without llmltatlon property of the City of Denton or
Seller, or property in Its or their care, custody, or control, and
third party property), arlslng out of acts, omissions or events
occurring after Closing
(c) Seller assumes the risk of and agrees to indemnify and
hold the City of Denton harmless, and to defend the City of Denton
against and from all clalms, costs, liabilities, expenses (includ-
Ing without limitation court costs and attorney fees), or demands
of whatsoever nature or source for any defects or Environmental
Problems, latent or obvious, dlscovered or undiscovered, in the
real and chattel property to be conveyed hereunder, causing per-
sonal injury to or death of persons whomsoever (including wlthout
limitation employees, agents or contractors of Seller, the City of
Denton or any third party), or causing property damage or destruc-
t!on of whatsoever nature or contamination to the environment
(including without limitation property of Seller or the City of
Denton, or property in its or their care, custody, or control, and
third party property), arising out of acts, omlsslons or events
occurring before Closing
AEE004FE PAGE 3
"Environmental Problems" means any cause or action under the
federal Comprehenslve Environmental Response Compensation and
Liability Act of 1980 (as amended) and any cause or action arising
from slmllar federal, state or local legislation or other rules of
law, and private causes of action of whatever nature which arise
from environmental damage, toxic wastes or other s~mzlar causes
MISCELLANEOUS OBLIGATIONS OF PARTIES
Seller shall be allowed to occupy the property until closing
CLOSING
The closing shall be held at the office of Dentex Tztle
Company, Denton, Texas, on or before August 1, 1995, or at such
tztle company, time, date, and place as Seller and Purchaser may
mutually agree upon (which date is herein referred to as the
"closlng date")
CLOSING REQUIREMENTS
I Seller's Reculrements At the closing Seller shall
A Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements, asses-
sments, and restrlctlons, except for the following
I General real estate taxes for the year
of closing and subsequent years not yet
due and payable,
2 Any exceptions approved by Purchaser
pursuant to Purchaser's 0bllqatlons here-
of, and
3 Any exceptions approved by Purchaser
in writing
B Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Dentex Title Company,
Denton, Texas, (the "Title Company"), or such title company
as Seller and Purchaser may mutually agree upon, in Purch-
aser's favor in the full amount of the purchase price,
insuring Purchaser's fee szmple tztle to the Property
subject only to those title exceptions listed in Closing
~ hereof, such other exceptions as may be
approved in writing by Purchaser, and the standard printed
exceptions contained in the usual form of Texas Owner's
Title Policy, provided, however
1 The boundary and survey exceptions
PAGE 4
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller,
2 The exception as to restrictive cove-
nants shall be endorsed "None of Record",
3 The exception as to the lien for taxes
shall be limited to the year of closing
and shall be endorsed "Not Yet Due and
Payable", and
4 The exception as to liens encumberIng
the Property shall be endorsed "None of
Record"
C Deliver to Purchaser possession of the Property on the
day of closing
2 Purchaser's Recrulrements Purchaser shall pay the full
cash purchase price to Seller at Closing In immediately available
funds
3 C!osln~ Costs Through the date of Closing, Seller shall
pay all taxes assessed by any tax ]urlsdlctlon through the date of
Closing Any taxes imposed, assessed or arising because of a
change of use of the Property after closing shall be paid by
Seller
Ail other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all cla!ms for these commissions
BREACH BY SELLER
In the event seller shall fall to fully and timely perform any
of its obligations hereunder or shall fall to consummate the sale
of the Property except Purchaser's default, Purchaser may either
enforce speclflc performance of this Agreement or terminate thls
Agreement
BREACH BY PURCF~ASER
In the event Purchaser should fall to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS havlng been satlsfled and
Purchaser being ~n default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement
MISCELLANEOUS
1 As$1qnment of Aareement This Agreement may not be
assigned by Purchaser without the express written consent of
Seller
2 Survival of Covenants Any of the representations, war-
rantles, covenants, and agreements of the part!es, as well as
any rights and benefits of the part~es, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive tke closlng and shall not be merged therein
3 Notice Any notlce requlred or permitted to be delivered
hereunder shall be deemed received when sent by United States mall,
postage prepaid, certified mall, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the s~gnature of the party
4 Texas ~aw to AD~lv This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable
Denton County, Texas
5 Parties Bou d Th~s Agreement shall be b~ndlng upon and
~nure to the benefit of the parties and thelr respective heirs,
executors, admlnlstrators, legal representatives, successors and
assigns where permitted by th!s Agreement
6 Le~a~ Construction In case any one or more of the pro-
v~slons contained in th~s Agreement shall for any reason be held to
be lnva!~d, ~l!egal, or unenforceable ~n any respect, sald
validity, Illegality, or unenforceablllty shall not affect any
other provision hereof, and thls Agreement shall be construed as
the ~nvalld, ~llegal, or unenforceable prov!slon had never been
contained hereln
7. Prior A~reements Superseded This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter
8 T me of Essence Time ~s of the essence in th~s Agreement
9 Gender Words of any gender used In this Agreement shall
be held and construed to include any other gender, and words ~n the
AEE004FE PAGE 6
szngular number shall be held to znclude the plural, and vzce
versa, unless the context requares otherwzse
10 Memorandum of Contract Upon request of ezther party,
both partzes shall promptly execute a memorandum of thas Agreement
suztable for fzllng of record
11 ComDlaance In accordance wash the requirements of the
Texas Real Estate License Act, Purchaser zs hereby advzsed that at
should be furnzshed wath or obtazn a policy of tztle znsurance or
Purchaser should have the abstract coverang the Property examaned
by an attorney of Purchaser's own selectzon
12 Tzme Lzmzt In the event a fully executed copy of thzs
Agreement has not been returned to Purchaser wzthzn fzve (5) days
after Purchaser executes thzs Agreement and delzvers same to Sel-
ler, Purchaser shall have the rzght to termanate thzs Agreement
upon written not~ce to Seller
13. Subject to apprpval pf the Tarrant County Probate Court.
DATED this may o~ ,
SELLER SELLER
Clift~ite Hazel White Curry-Sub3ect to approval
'~l ~/~~ Den~n County Probate ~urt~_~
BY~/kbt~ ~g~o~n~U~% yes White, Guardlan
of _
of :ltfton W~ite, an
Incapacitated Person
PURCHASER
THE CITY OF DENTON, TEXAS
Rack Svehla, Acglng C~ty Manager
215 E McK~nney Street
Denton, Texas 76201
STATE OF TEX~.....~--
This lnstrm~e~t was acknowledged before me on 3~ ~ 'q~
~ Deborah I Robertson Notary ~ UBL ~D FOR TE~S
~ ~* {~)*lPub',c In and for the State of Texas ~
~ ~;~ '~ My Commission Expires 6 9 98 ~
STATE OF TEXAS
COUNTY OF DENTON
Thms mnstrument ms acknowledged before me, the
by Rick Svehla,Acttng Cmty Manager, of the Cmty of
Denton, a munmczpal corporatmon, known to me to be the person and
offmcer whose name ms subscrmbed to the foregomng mnstrument and
acknowledged to me that the same was the act of the samd Cmty of
Denton, Texas, a munmcmpal corporatlon, that he was duly authorized
to perform the same by approprmate ordinance of the Czty Councml of
the C~ty of Denton and that he executed the same as the act of the
sazd C~ty for purpose and consmderatlon there~n expressed, and zn
the capacmty theremn stated
/
I
~ *~j*- ~COMMI~iON~P'NE$. ~TA~ PUBLfC~-AND FOR TEXAS
ATTEST
~ERBERT L. PROUTY, CITY ATTORNEY
By ~~ ~ ~~,
NO 95~2673-1
IN RE GUARDIANSHIP OF § IN THE PROBATE COURT
THE PERSON AND ESTATE OF
CLIFTON VgI{ITE, § NUMBER ONE OF
AN INCAPACITATED PERSON § TARRANT COUNTY, TEXAS
DECREE CONFIRMTNG SALE OF REAL PROPERTY
On this day the I7~urt heard3.nd considered the Report of Sale of Real Property ("the
Report"), filed on ~ . ~/j ,/~'~'~ The Court finds that five (5) days
have exptred since ~ fihng of ~e Report, ~at ~ncro~e m ~e bond of the Gu~d~ to a
total ~ount of $32,000 00 w~ necess~, ~at the sal~ was for a fair price, w~ proparly
made ~d, w~ m confo~ ~ ~e law Such real prope~ ~s described ~ follows
An ~ivtded o~fo~h t~erest tn o~ ~ one-h~f ~r~ of l~ loc~ed tn De~on
Co~, T~, p~c~ed by N~L C. ~ (dece~ed) ~ ~Z~ ~
(~) by deed d~ed M~h 3, 1957, recorded m Vol~e 428, Page 20 of t~
Recording Records of De~on Co~, T~.
It ~a, therefore, O~E~D, ~GED, ~d DEC~ED that th~ s~ of ~ abova-
d~cnbad ra~ prope~ to tha C~ of Demon, T~x~ by the Gu~d~ of tha Estate of
C~TON ~, ~ Incapacitated Person, ~ described ~n the smd Repo~ of Sale, be ~d ~s
hereby approved ~d confi~ed upon comph~ce by the pur~er ~ the t~s of the sale
~ set fo~ ~n the sa~d Report of Sale /~ ~
S IG~D on this the ~ day of ~~~ 1996 _
Attorney at Law
614 West la~
Fort Worth, Texas 76102
336-5681, State Bar #07889500
WHITE CLhDECREI~ RP
CAUSE NO. PR-94-178
GUARDIANSWIP OF ~ X IN ~ PROBATE COURT
X
PERSON AND ESTATE OF X OF
X
HAZEL WHITE CURRY X DENTON COUNTY, TEXAS
X
AN INCAPACITATED PERSON X
ORi~F,R FOR ,qALlg OF RF, AIJ PROPgRTY
On theff~Y o~ 1996, ~e Apphcatlon for S~e of Ke~
Prope~, ~ed on l~u~ ~ 19~, b~s N ~te, ~d~ of the Person ~d
E~te of ~el ~te C~, was he~d ~d co~dered by ~e touR, m~ ~er he~g
~e credence m mppon of~e apphcatio~ ~e Co~ ~ds ~ follows
1 C~tauon h~ been ~ssued ~d se~ed as requ~ed by law, md no one
comeged ~e apphcauon
2 The apphcaUon ~s accomp~ed ~th m ~b~t, vexed by ~da~g
sho~g ~ condmon of~e estate, md the apphca~on md e~b~t meet the requ~ts
of s~on 342 or 821 of~e Texas Probate Code
3 The leg~ descnpuon of~e re~ prope~ to be sold ~s
~ that ce~ tra~ or p~cel oflm~ s~mated m Denton CounW, Te~, out
of the ~deon W~er S~ey ~d being out of the Sou~west comer of 138
a~es of lind p~e~ed by W ~ Edw~ds ~om Jo~ K He~, ~d more
p~l~ly described ~ follows
BEG~G at the Sou~we~ comer of smd 138 acre tra~,
~NCE E~t ~ong the South bo~d~ ~e thereof, 112 5 v~as more or
less to ~e Southe~ comer of a ~a~ conv~ed by W ~ Edw~ds to S M
Bradl~, Co~ Judge of Denton Co~, Te~, by deed dated ~ch 20,
1886, sho~ of r~ord m Vol 31, page 109, Deed Kecords of Denton
Count, Te~,
~CE North ~th ~e Ea~ bo~d~ ~e of smd l~t mentioned tra~,
75 13 v~as to the No~he~t comer thereof,
~NCE West 112 5 v~as more or less to the No~hwest comer of a tract
conveyed by W ~ Edw~ds to the Trustees of~ppey School by deed dated
November 18, 1881, sho~ of record ~n Volume S, page 176, Deed Kecords
of Denton Count, Texas,
Order For SaLe Of Real Property Page - 1
THENCE South wath the West boundary line of smd last mentioned tract 75 13
varas to the place of beginning and containing 1-1/2 acres of land, more or less,
being the same properly conveyed to Neal C Wbate and Hazel White, his wale by
Deed fi.om W H Edwards recorded m Vol 425, Page $0 of the Denton County
Deed Records
4 The general bond of Guardian as required by law is sufficient for the
present tune
$ The sale sought m the foregoing apphcation is necessary and adwsable for
the following reasons
The expense of pro~admg for the support and mmntenance of the ward is
continuing and the present funds on hand will eventually be exhausted and the funds from
the sale of the property will be needed for the support of the ward The ward has become
disabled and can no longer use the property for residential purposes and the net rental
raceme from the property does not amount to any substanual sum in excess of the
expenses of operating and maintaining the property and the expenses for payment of the
real estate taxes and insurance cost And further, the location of the property does not
make it desirable or attracuve as a private home site because of the City of Denton landfill
near the property, and, the court having found that
6 The apphcataon should be granted, and the properly should be sold
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the
property described m tins order shall be sold at a private sale on the terms as set out m the
Real Estate Sale Contract attached as Exhibn B to the Application for Sale of Real
Property, which is on file hereto
IT IS FURTHER ORDERED that no additional bond shall be required of the
Guardian at this tune, and that after the sale has been made, a report of sale shall be
returned m the manner reqmred by law, at which tune an order wall be entered requmng
that all funds received from such sale be dehvered to the Bank of America to be held for
safekeeping and invested pursuant to the order dated the 18th day of April 1994
Order For Sale Of Real Property Page - 2
Order For Sale Of Real Property Page - 3
DENTON, TEXAB 76201
817-566-0282
FAX 817-566'6445
City of Denton
215 E McKlnney
Denton, TX 76201
RE G F # 9~-]339D
POLICY # RO-223251
PROPERTY 1 5 acres, Gideon Walker survey, Abstract 1330,
Denton County, Texas
Dear Madam or Sir,
Enclosed herewith please find your Owner Policy of Title Insurance
on the above referenced transaction
Your original Warranty Deed was filed w~th the County Clerk of
Denton County, Texas It w~ll be returned to you by the County
Clerk
If you require anything further, please do not hesitate to call
Thank you for selecting Dentex Title Company to asszst you wzth
your title insurance needs It has been our pleasure to do
business wzth you
Sincerely,
Kellle Stevens
DENTEX TITLE COMPANY
encl
A10195
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
Issued by
RO- 223251
Alamo Title Insurance
of Texas
TABLE OF CONTENTS
PAGE
OWNER'S COVERAGE STATEMENT 1
COVERED TITLE RISKS 1
OUR DUTY TO DEFEND AGAINST COURT CASES 1
SCHEDULE A 2
POLICY NUMBER, DATE AND AMOUNT 2
1 Name of Insured 2
2 Interest m Land Covered 2
3 Descnphon of the Land 2
SCHEDULE B - EXCEPTIONS 3
EXCLUSIONS 4
CONDITIONS 4
1 Dehn~t~ons 4
2 Continuation of Coverage 4
3 Your Duties ~f You Make a Claim 4
4 Our Choices When You Not~fy Us of a Claim 4
5 Handhng a Claim or Court Case 5
6 bm~tahon of Our L~ab~hty 5
7 Transfer of Your R~ghts 5
8 Arbitration 5
9 Enhre Contract Prows~on 5
10 Complaint Notme 5
Form T 1R Texas Residential Owner Pohcy of Title Insurance Effective January 1 1993
R-03 Property Catg.' R
1000. 1127 00 County Code: 121
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE PAGE 2
SCHEDULE A
G F. No 95~1339D
Policy Number: R0-223251 Issued with Policy #.
Policy Date: May 20, 1996 at 3:18 P.I~
Policy Amount: $116,100. O0
Pr emiurm $1,127.00
1. Name of Insured.
CITY OF DENTON, TEXAS
2. We insure your interest in the land covered by this Policy is. Fee Simple
3. Legal Description of land.'
ALL THAT CERTAIN 1. $ ACRES OF LAND, MORE OR LESS, SITUATED IN THE GIDEON WALKER
SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dentex Title Company
By ~-- Kuthorized Countersigna~ur~
Alamo Title Insurance of Texas
Form T-iR Texas Residential Owner Policy - Schedule A Effective January 1, 1993
EXHIBIT "A"
A11 that certain ~ct ot pmtel of land,
sih*ated in Denton Colmty, Texm, out of the Gideon Walker Storey and being
out of tim Sonthwest comer of 138 flctes of land purchased by W. A. Edwards
from John R. Heuty, and mom pmticul-,iy described m follows:
BEGINNING nt the Southwest comer of said 138 acm
THENCE East aionn the Sooth boundnry line thereof, 112.S yams mote m' less
to the Southeast comer of a tract conveyed by W. A. Edwm~ls to S. M.
Bradley, County ,hdse of Denton County, Texas. by deed doled Mm~cl~ 20,
1886, shown of tmcosd in Vol. 31, pane 109, Deed Reconls of Denton County,
Texas;
THENCE North with rite E~st boundmy line of said last mentioned hoot, ?S.13
vm~s to tim Northeast comer thet~eof;
THENCE West 112.S yams mom or less to the Noflhwast co,ncr of o tract
conveyed by W. A. Edwfuds to the Trustees of ltippey School by deed thtled
November 18, 1881, shown of tmconJ in Volume S, pose 176, Deed i~ecmds of
Deltton County, Texas;
TIlENCE South with the West boundary line of said last mentioned ~nct
vmM to rite place of besflnning and containing 1-1/2 acius of Iflnd, mo~e or
less, being the some pt~operty conveyed to Neat C. While and Hazel White, his
wife by Deed from %¥. H. Edwmds moo[tied in Vol 4Z8, Page S0 of the Denton
County Deed Recmds.
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE PAGE $
SCHEDULE B
G.F. No. 95-1339D
Policy No · R0-223251
EXCEPTIONS
We do not cover loss, costs, attorneys' fees and expenses resulting frou~
1 The followin~ restrictive covenants of record itemized below (We must either insert
specific reoordinE data or delete this exception.).
This exception is hereby deleted in its entirety
2 Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3 Homestead or comlnumity property or survivorship rights, if any, of any spouse of any
insured
4. Any titles or riEhts 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
chansed 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 Iow tide to the line of
vegetation, or the right of access to that area or easement alo11~ and across
that area
5 Standby fees, taxes and assessments by any taxing authority for the year 1996 and
subsequent years, and subsequent taxes and assessments by any taxing authority for
prior years due to change in land usage or ownership
6 The followins matters and all terms of the documents creating or offerins evidence of
the matters (We must insert matters or delete this exception.).
a Rights of parties in possession.
b Any visible and apparent easements over and across said property, the
existence of which does not appear of record
c Any part or portion of the herein described property lyinE within the
boundaries of a public or private road or right of way.
d Any outstanding oil, gas and other mineral interest owned by others of record
in the office of the County Clerk of Denton County, Texas, including, but not
limited to the following.'
Oil, gas and mineral lease from Neal C White et al to Standard Oil Company of
Texas filed July 8, 1957, recorded in Volume 430, Page 456 of the Deed Records of
Denton County, Texas.
Alamo Title Insurance of Texas
Form T-IR Texas Residential Owner Policy - Schedule B Effective Jan 1, 1993
CONTINUATION OF SCHEDULE B
G F No.: 95-1339D
Policy No.: RO-223251
*Title to said mineral leases! reservations have not been researched subsequent to
date of document.
e No liability is assumed by reason of location of fences, a portion of the
property lying within Foster Road, telephone lines, electric lines, power poles,
light poles, and concrete and gravel driveways, as shown on survey dated April 18,
1996 by J.E Thompson RPLS #4857
Alamo Title Insurance of Texas
Form T-IR Texas Residential Owner Policy - Schedule B Effective Jan 1, 1993
0Z:g~'Z:6Z:-008'I
:~I"IVD '~LNIV~IdIAIOD V ~A~iVIAI O£
HO 'MOI~LVIAIHO~I.~I HOA
~ EXCLUSIONS ~
InadditlontotheExceptlonsinSchedulelB wedonot~nsureyouagainstlose costs affomeys tees endex flseareeugngfremtheseExeluslons
t We do not cover loss caused by the exercise of govemmeotal pof~ce power or the enforcement or v o~l~tlon of any ~aw or gevemment regula on This Includes building and zoning
ordinances and laws and regulahons concerning
b Imprevemente on the land
Land dlvlkion
d Envirenmantal protechon
This exclusion does not apply to notices of violations or notices of enforcement that appear in the public records at Policy Date However there may be an Exception In Schedule B
2 We do not cover the right to take the land by condemning ri unless
a a notice of exercise of the right appears in the public records on the Policy Date or
b the taking happened before the Policy Date and ki binding on you if you bought the land without knowing of the taking
3 We do not cover title ~sks
a that arecreatap altowed oragreedto by you
b that are known to you but not to us on the Policy Date unless they appeared In the public records
d that result In no loss to you or
d thef fled affect your itit e altar the Policy Data this bees not limit the leper and meferlal lien coverage In Item 6 of the Covered Title Risks
4 We do not cover the effect of felkire to pay value for your title
5 We do not cover lack of a right
b in streets alleys or waterways that touch your ~and
Thki exclukion does not limit the access coverage In the Covered TIge Rkike
6 We do not cover any ckibe based upon alkigeitons that your purchase of ttbe (or ecqukiltlon of ittl$ by g ft 0 0 berwee
a was a fraudulent conveyance f audule~transfer voldapledistrlbu Ion orvoldapledvbend
b should be subordmatad or recberecterlzed as a result of equitable subordination
o was a preferential pansfer unless
(1 the Company or Its issuing agent failed to it mely file for record the deed to you after dellvely 0
(2) the recordation of the deed to you Is not legel record notice
(We do cover the ~ types of claims described In c 1) and c (2) above )
7 Wa do not cover the refusal of any bereon to buy lease or lend money on your land because of unmarketability of the tl8e
8 We do not cover claims concerning the physical condition ct your land or of the access to your land
CONDITIONS
e Astual Loa~ This ki the difference between the value of your land without the covered title dsk and the value of your kind with the covered title dsk These values ere the
respective values at the time you must furnish proof of your loss
b Dccument A deed or other conveyance of title to you or a prior owner
c Easement A odlanofyourlandsomeoneelsehastheitghttouseforaspaclelpurpose
d Government I~eaulatien Any federal state or local law conMItutlonal provision regulation ordinance, or guideline
e Land The land or condominium unit described in Schedule A and any ~mprovementa on the land that are real preberfy
Knewledoe or known Actual knowledge not constructive knowledge or notice that may be Imputed to an Ir~ured bythe public records
hg Mortoaee A type of I~en on the land such as a deed of trust or other security instrument
Public Records Those records redu~red by Texas law and malcta~ned by public officials In the county where the property Is located that give legal notice of mattem affecting your
I Title The ownership ~nterect m the [and as shown ~n Schedule A
We. us or our The title ~nsurance company Th~s is Alamo Title Insurance of Texas
You. your The ~neured
2 CONTINUATION OF COVERAGE
We insure you as long as you
a own your Title
b own a mortgage from anyone who buys your Title or
c are liable for any Title warranbes you make
We insure anyone who receives your tdle because of your death
We d0 nst Insure our trensferee or assignee
You must follow this process to make a cknm
a You Must GNa Us Netlce Of Your Claim
If anyone claims a right against your insured hits you must notily us promptly
Send the notice to 613 N W Loop 410 #100 San Antonio TX 78216 or call 1 800 292 5320 and ask for a claims attorney If you tnlgally notify us by phone we recommend that
~ou also notify us In wnhng Please ~nclude the Policy number shown In Schedule A and the county where the land ~s
ur obliger kin to you Is reduced or ended If
1) you ta~l to g~ve prompt nohce anb
(2) your failure affects our ability to dispose of or to defend you egalnsl the claim
Our obligation Is reduced only to the extent that your failure affects our ability to d{sbose of or to defend you against the claim
b You Must Gwe Us Proof of Your Loss d We Reauest It
YOU must send to us ~f we request your s~gned proof of loss wrihln 91 days of our reduce on a e anpard om~ supp ed by US W h n 5 da s a e w~ receive your notice of
claim we mum request a s~gned proof of loss If not we waive our right to require a po3ot of less This waiver will not waive our other rights u n ~/elr the policy The statement must
have the following mformstion te the best of your knowledge
(1) the Covered T~ite R~sks which resulted in your loss
(2) the dollar amount of your loss and
(3) the method you used to compute the amount of your loss
c You Must Provide PaBers We Reauest
We may require you to show us your records checks letters contracts and other papers that relate to your claim of loss We may make copies of these papers
If you tell us th~s ~nformst~on ~s conhdenhal we w~ll not disclose ~t to anyone else unless we reasonably believe the disclosure IS necessary to administer the claim
d You Must Answer Questions Under Oath
We may ulre you to answer questions under oath
e Effect of Fr~a lure to Coooerste
Our obllgehon to you reduces or ends ~f you fa~l or refuse to
(1) la) prowdeastatemectafloss
(b answer our questions under oath or
c) show us the papers we request and
(2) your fa~kire or refusal affects our abllriy to d~spose of or to defend you egalnst the claim
4 OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM
a After we receive your claim notice or m any ether way learn of a matter for whkih we are iledki we can do one or more of tbe following
(1) Pay the claim against your btle
(2} Negohate a settlement
(3) Prosecute or defend a court case related to the claim
(4) Pay you the amount required by th~s Policy
(5) Take other achon under Section 4b
(6) Cancel th~s policy by paying the Policy Amount then m force and only those costs attorneys fees and expenses incurred up to that time that we are obi{gated to pay
We can choose which of these to de
b If you report to us that a covered t~tle nsk exists we w~ll promptly ~nvestlgate to dstermlne {f that covered title risk is valid and not barred by law or statute A covered #tie nsk is a
Ctle nsk that this Pohcy does not exclude or except
If we conclude that your claim or any part of your claim m covered by the policy we w~ll taka one or more of the follow~ng actions ~o the extent that it Is covered
(1) Instltste all necessary legal proceedings to ~lear the hits to the propady
(2) Indemnify you pursuant to the terms of the policy
(3} Issue a new hits policy wrihout making exception to the cevered Cite r~sk II another insurer ~ssues the new title policy to your purchaser lender or other transferee wrihout
making excophon to the covered hits risk we will indemnify the other Insurer
(4) Secure a release of the covered title risk
c Ifwedenyyourclalm or anypart ofyourcla~m not morethan 15daysafterwedanytheclalm wewll~
g~ve you the reasons for denial of your claim In wnitng PAGE 4