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1988-1002312L NO ~ ?f 6 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED HEREIN FROM ALFRED G COULTER AND GRACE LENA COULTER FOR THE ACQUISITION OF PROPERTY FOR THE CITY'S WATER PLANT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the City Council of the City of Denton, Texas approves the 7ontract of Purchase of Real Property providing for the purchase of that certain real property described in said con- tract attached hereto, by the City of Denton, Texas from Alfred G Coulter and Grace Lena Coulter, in the amount of Six Thousand Two Hundred and Fifty Dollars ($6,250 00) per acre, in accordance with the terms and conditions of said contract SECTION II. That the City Council authorizes the expenditure of funs n t e amount specified in said contract for the purchase of said real property and authorizes the Mayor to execute any and all documents necessary to consummate said purchase SECTION III That this ordinance shall become effective imme ate y upon its passage and approval PASSED AND APPROVED this the day of 1988 RAY - HEN , MAYOR ATTEST J IF RS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY 2312L THE STATE OF TEXAS § COUNTY OF DENTON § CONTRACT FOR PURCHASE OF REAL PROPERTY 1 Parties ALFRED G COULTER AND WIFE, GRACE LENA COULTER, (Seller agree to sell and convey to the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas (Buyer), the property described below 2 Property Seller agrees to sell to Buyer all that certain real property (the Property) situated in the City of Denton, County of Denton, State of Texas, described in Exhibit "A", attached hereto and incorporated herein by reference, provided, however that the parties recognize that no current survey of the Property exists and that the exact acreage included within the Property owned by Seller to be conveyed may be more or less than the acreage as described herein, and the parties agree that the exact acreage and the boundaries of the Property which is to be conveyed hereunder to Buyer shall be hereafter determined in accordance with a current survey performed as provided herein 3 Escrow Agent nt Locust Street, City escrow agent and the shall pay the escrow 4 Sa Title USA Insurance Corporation, 531 North of Denton, Texas, is hereby designated as Purchaser, on execution of this agreement, fee, if any The total sales price for the Pro- perty shall be 51x f ~usant3 Two 11wnd.aJ"'L N ~6a oo), per acre, N c sum s a be the so .Le compensation duee Seale for any and all claims of any description whatever arising out of the Buyer's acquisition or use of the property for public purposes The total sales price for all of the acreage included in the Property shall be determined by applying the per acreage price to the total acreage included within the property owned by Seller in accordance with a current survey of the Property obtained as provided herein The total sales price is to be paid to the escrow agent as follows (a) One Thousand Dollars ($1,000 00) on the execution of this contract by both parties, as earnest money (b) The balance in cash or certified or cashier's check at closing on delivery to the escrow agent of a general warranty deed with full covenants, duly executed in proper form for recording so as to convey to the Buyer a good and marketable record and title to the Property free and clear ,V y 4p--C~ of all recorded and unrecorded liens, assess- ments, leases, taxes, and encumbrances, restrictions, and conditions, except public easements and rights-of-way of record 5 Closing Date The transactions shall be closed on or before n nety calendar days from the date of acceptance of this agreement by the Seller and Buyer, or at such other time as the parties may mutually agree, at the office of the escrow agent or at such other location as is mutually agreeable to the parties herein 6 Survey A survey of the Property shall be obtained within sixty (bbjays of the effective date of this agreement by the Buyer, at the Buyer's expense, to be performed by a Registered Public Surveyor licensed by the State of Texas A plat of the survey together with any appropriate field notes shall be furnished to Seller and Buyer prior to closing The survey shall locate all improvements, encroachments, property lines, and all easements and roadways adjoining or crossing the property The total sales price for the Property shall be determined by the exact acreage as shown on the survey furnished 7 Soil Conditions The parties recognize that Buyer intends to use the Property for the construction of a water treatment plant, and that the Property will only be suitable for such use if the soil or geological conditions on the property are acceptable for such use The parties agree that the Buyer, its agents or representatives, shall have ninety (90) days from the effective date of this agreement to enter upon the Property and to perform such work and tests as may be necessary to determine the existing soil and geological conditions of the Property Should the Property not have suitable soil or geological conditions for the intended use, as solely determined by the Buyer, the Buyer may, notwithstanding any other provision of this agreement, terminate this contract by giving written notice to the Seller at any time prior to the closing date, and any earnest money paid by Buyer shall be returned to Buyer 8 Title Insurance Policy The Seller agrees, prior to the closing, to procure at the Buyer's cost, from Title USA Insurance Corporation or another title company of Seller's choice acceptable to the Buyer, a preliminary title report agreeing to ensure marketable title to the Buyer in the full amount of the purchase price 9 Effect of Defective Title Should the title prove defective in the opinion o t e Buyer's attorney, then such defect shall be pointed out in writing by letter delivered to the PAGE 2 Seller after the delivery of such preliminary title report, and the Seller shall have thirty (30) days thereafter in which to cure such defects or, if agreed to by Buyer in writing, prior to closing 10 Inability to Convey Title In the event Seller is unable to convey goo an marketable record and title to the Property as provided for herein in the opinion of the Buyer, then this agreement shall terminate and any amount tendered by Buyer shall be returned to Buyer 11 Fees Charges and Costs The Buyer shall pay all recording fees, title searches, reconveyance fees, trustees' fees, forwarding fees for any full reconveyance of any deed of trust, and the premium charged for any policy of title insurance arising out of this transaction Seller shall be responsible for the payment of all delinquent ad valorem property taxes, along with penalty and interest thereon, and the payment of ad valorem taxes for the current tax year, prorated to the date of closing 12 Default If Buyer shall fail to comply with any provision o this agreement, Seller may terminate this contract and receive the Earnest Money as liquidated damages If Seller shall fail to comply with any provision of this agreement, other than the requirement to cure defective title, Buyer may either terminate this agreement and receive the Earnest Money previously paid, or enforce specific enforcement of this agreement 13 Possession The possession of the Property shall be delivers to uyer at closing 14 Integration This agreement constitutes the entire agreement eb tween the parties and neither party relies upon any warrants or representation not contained herein In w teQs whereo the parties have executed this agreement on the day of Wu" - , 1988 61 CITY OF DENTON, TEXAS, PURCHASER BY &1-1~ A~~ RAY STEP EN S , MANOR CITY OF ENTON, TEXAS PAGE 3 ATTEST FE R , CITYSECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY ALFRED G COULTER AND GRACE LENA COULTER, SELLERS BY 'ALF RED G COU LT ER BY E LE A~COULTER "O - ~~-~e.,. [gig 'e;- THE STATE OF TEXAS § COUNTY OF DENTON § his instrument was acknowledged before me on the 2~ day of , 1988 by Ray Stephens, Mayor of th ty of De n, Texas, a Municipal Corporation, on behalf of said Municipal Corporation JENNIFER IMRIE Fpv-~ No ton Publlo 5 • STATE OF TEXAS My Commission expires /2f r4vU.'0-."' P I , STATE OF TEXAS v PAGE 4 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the js day of iN~ , 1988 by Alfred G Coulter 13 ~3 ,PY ~e ROGER N WILKINSON ~'~v_~ ) Notary Public State of Texas Caamlaabb Isiallin OT Y U LIC, STATE OF TEXAS My Commission expires 4 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the at day of , 1988 by Grace Lena Coulter e ROGER N WILKINSON ~ N*n Public State a( Texas N AR UBLIC, STATE OF TEXAS My Commission expires L1 -,~O-q n PAGE 5 ALL that certain lot, tract or parcel of land lying and being situatated in the city and County of Denton, State of Texas, and being part of the Sylvester Williams survey, Abst No 1322, and also being part of a tract of land as conveyed to Alfred G. Coulter and wife Grace Lena Coulter by deed dated January 22, 1953 and recorded in Volume 383, Page 552 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the northeast corner of said Coulter tract said point lying at the east corner of a tract conveyed to the United States of America by deed dated September 15, 1981 and recorded in Volume 1101, Page 702 deed records of Denton County, Texas, THENCE south along the east boundary line of said Coulter east boundary line, same being the west right-of-way line of a north and south county road known as McReynolds, a distance of 600 0 feet, more or less, to a point for a corner, THENCE west, a distance of 310 feet, more or less, to a point for a corner in an existing north and south fence, THENCE south, along and with the general course of said fence a part of the way passing the end of said fence and continuing a total distance of 1,666 739 feet to a point for a corner, said point lying in the south boundary line of said Coulter tract and in an east and west road known as Burger road, 1HENCE west, along the south boundary line of said Coulter tract and in said road a distance of 656 7021 feet the southeast corner of a tract conveyed to Sheila Sue Yarbrough, et al by deed recorded in Volume 1978, Page 793 of the Deed Records of Denton County, Texas, THENCh north along the west boundary line of said Coulter tract a distance of 2,116 77 feet more or less to the northwest corner of said Coulter tract same being the southwest corner of said U.S A. tract for a corner, THENCE north 810 OS' 03" east along the north boundary line of said Coulter tract, same being the south boundary line of said U S.A tract, a distance of 980 55 feet to the Place of Beginning and containing 36 8674 acres, more or less 0535E/7 voi ?434Pt~Ge"5i8 Ot PROPERIY WORDS 229 G#33933 Papaad bN the Stau. Bar of TLras torus, M lawNu.onh RLVISLd 10 85 01481h ih 111 B I I WARRANTY DEED Date July 1, 1988 Grantor Alfred G Coulter and wife, Grace Lena Coulter Grantor s Mailing Address (including county) P O Box 260 Aubrey, Texas 76227 County of Denton Grantee City of Denton, Texas Grantee s Mailing Address (including county) 215 East McKinney Denton, Texas 76201 County of Denton Consideration Ten and No/100 ($10 00) Dollars and other good and valuable consideration Property (including any improvements) (See Exhibit "A" attached hereto ) Reservations from and Exceptions to Conveyance and Warranty None 304r 0 Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty grams sells and conveys to Grantee the property together with all and singular the rights and appurtenances thereto to any wise belonging to have and hold it to Grantee Grantee s heirs executors administrators successors or assigns forever Grantor binds Grantor and Grantor s heirs executors administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee s heirs executors administrators successors and assigns against every person whomsoever lawfully claiming or to claim the same or any pan thereof except as to the reservations from and exceptions to conveyance and warranty When the context requires singular nouns and pronouns include the plural TOZ9L Srexal `u0juaa AquutXOW TSrea 9TZ aOT3d0 S,BauaOT4y 6410 AO 3JIddO MVI 3H1 NI 03NVd3Hd sandxa uoissiwwoa s ,6e)oN (pa)w)d) aweu s ,Ge)oN sRXJI do a)e)S aggnd ,Oe)oN TOZ9L Srexal `uoluaa A9uuTXOW aS H 9T9 aOTTTO S,AauaO4jV A TO 01 NW11311 ONIUSOJ3N N3.LdV uogeiodaoo pinsjojleyaq uo uogeiodioa 61 3o ,Cep aq) uo aw aao;aq pa8polmowlae sem )uawnnsw s)ql ;o ,Cq d0 A.LN110J SVX3l d0 31VIS (luawlipalsou313V a)eaodaoJ) sandxa uotsstwwoa s ,Ge)oN (pa)uud) aweu s ,Cie1oN 2"T-S "A&q 3 Am m 10, sexal )o a)e)S ailgnd ,Ve)oN Mal) +ir'lO nql aOg pue ul Olwd /J%+N NOSdWOH131VMOI - ~ I A17- ~r ) a I/1j Ayd~ aa411100 reuaZ aOreaO 'aazM pure aaglnoo 0 paaaTV ,(q 88 61 !o AT .-l`/ aq) uo aw aio,)aq paSpalmowlae sum muinl)sw slq,L NO,LXaa dO AINnOJ SVX31 d0 31VIS ouawbpalaowlaV) Halanoo vMaq HOVHD ~'-~!iy nom o aauazv 6 g33Vd CtZ 1QA VOL 2434PdGE'150 EXHIBIT "A" All that certain tract of land situated in the Sylvester Williams Survey, Abstract Number 1322, Denton County, Texas and being a part of the called 50 acre tract described in the deed from M U Duncan, et ux to Alfred 19 Coulter, et ux recorded in Volume 383, Page 552 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the northwest corner of the tract being described herein, at a Government marker stamped 204-2, 209-1, 1982 situated at the southeast corner of the called 45 25 acre tract described in a judgment in favor of the United States of America (hereafter referred to as "the U S A recorded in Volume 1091, Page 27 of the Real Property Records of Denton County, the said marker also being the southwest corner of the called 1 64 acre tract described in the deed from Alfred B Coulter et ux to the U S A recorded in Volume 1101, Page 702 of the Real Property Records of Denton County, THENCE north 810 02' 48" east along the Government property line below the dam at Lake Ray Roberts a distance of 980 18 feet to a government marker, a 2 inch iron pipe at a fence corner at the southeast corner of the U S A Tract in the east line of the Coulter Tract in the West right-of-way of McReynolds Road, THENCE south 000 30' 58" east with the east line of the Coulter Tract along the west right-of-way of McReynolds road a distance of 600 00 feet to an iron rod set, THENCE south 890 29' 02" west a distance of 302 25 feet to an iron rod set in a north and south fence line, THENCE south 000 23' 15" east along the general course of the fence most of the way a distance of 1658 30 feet to a nail set in Burger road in the south line of the Coulter Tract, THENCE south 890 17' 12" west with the south line of the Coulter Tract in Burger Road a distance of 660 85 feet to a nail set for the southwest corner of the Coulter Tract, THENCE north 000 16' 29" west, at 21 94 feet passing an iron rod in concrete at the southeast corner of the tract described in the deed from Jack and Edith Tillery to R L Skipper recorded in Volume 1599, Page 29 of the Denton County Deed Records, and continuing along the said course with the east line thereof, in all, a total distance of 718 75 feet to an iron rod set for the northeast corner of the Skipper Tract, THENCE north 000 45' 10" west with the west line of the tract described in the deed to Neblett recorded in Volume 368, Page 354 a distance of 1398 02 feet to the PLACE OF BEGINNING and enclosing 36 942 acres of land W V O n m ° Oil- n •~~4'nC T lCb ~ N ~ S~~ Z o ~.y w ~ T o p~ ~ m S" u Y m ~ O g ~ i K (r R Tv tR V brow va 21134PAGE581 f T{ m _ I Y ~ yq~ TJ tu/ ry ~ o51% cn o 4 Title USA Company of Denton 513 N Locust Denton Texas 76201 Post Office Box 518 Denton Texas 76202 (817) 387 6148 Metro 430 1884 or 430 1885 USA ACTITLE August 16, 1988 The City of Denton 2.15 East McKinney Denton, Texas 76201 Reference Our GF33933-21 Purchase from Alfred G Coulter and wife, Grace Lena Coulter Dear Sir In connection with the above captioned transaction, we enclose your owner's Title Insurance Policy, numbered OP403976 We now have a permanent file on your property and are in a position to render excellent service should you have a need for our assistance It has been a pleasure closing this transaction for you, and we hope to have the opportunity of doing so again in the future Very truly yours, ---TITTLE USA Company of Denton Tommie Thompson Escrow Officer Enclosure HgKnW (WB A3e)xleel eouelnsuj80.j1;o Aogod laueep ; 1 wlod paleBinwwd eouelnsul;o pleog ole3S sexal /1J//rim Aielei~eg 1reAY m o 'I FT'3S m d a boJ '00 1' yea/10 annnaex3/a,4J B l.Opsaid N V alnpayoS ui glao; Jas alep 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6wpaaoad io uoiloe agl;oAouepuedegl;oaoilouueilijmAuedwo08141aAiB uiajaglasua;aplo;awgaldwew pue Bwpaaoad /o uoJJoe Lions ;o luawaouawwoo eyl a04e owil algeuoseei a wylim lleys asua;ap Lions of palllue sallied 1o Alied a41 ;oalay suoilelndilS pue suoilipuo0 941;o Aogod siglto abejano0 wog; suoisnlox3 Z 4deABeaed Aq papnloxa io;oaja4 g alnpayoS w suoildeoxa agl Aq Aoilod siyl japun poldeoxe Jeuuew Aue w s/allew uodn paseq swielo Aue IsuieBe pua;ap of punbal eq lou (legs Auedwo0 ayl lnq paeluejenB Agajay se puel 941 w Isa/alw jo alelsa 941 01 91114 941 01 asJenpe ;oajagl lied Aue jo puel ayl ui lsa/alw Jo alelsa sql of lg6u ao lsuiebe wielo Aue uo Bwpaaoad io uo14oe A/aAe ui pamsul ay1 pua;ap lsoo uMo sli 1e polels aal4eumeLl se ldeoxe (legs pue ;oaiay V alnpayoS w uMoys Junowe 041 uegl alow 1o; elgeil aq Auedwo0 9411113413 Juana ou ui pue paansul ayl;o ssol AJelaUOw lenloe eyl uegl lunowe jaleek a ui elgeq eq lou hays Auedwo0 aLil Aogod sigl w of paije;a/ jo paquosep puel ayl ui 1sajalui /o alelsa agl o1 a11i1 elgisea;apui pue pooh seq paansul eql ;o9/9q slap aq1;o se legs (paw;ap waaag se( pamsul 941 of ealuejenB Agajaq soop anIBA Jo; ANVdW00 31-ll (1311VZ) H31dVNI383H uoilejodio0 sexal a SVX31 SV11V0 uoile/odjo0 aouemsul VSfI alJil vsfl 971H 9L660V d0 aaumsul 91111 10 A0110d aaumO uoljeaodaoO aouemsul vsn aw i CONDITIONS AND STIPULATIONS Definitions The following terms when used in this policy mean la) land The land described specifically or by reference in Schedule A and improvements affixed thereto which by law constitute real property (b) public records Those records which impart constructive notice of matters relating to the land (c) knowledge Actual knowledge not constructive knowledge or notice which may be imputed to the Insured by reason of any public records (d) date The effective date including hour if specified (e) insured The Insured named in Schedule A and subject to any rights or defenses the Company may have had against the named Insured or any person or entity who succeeds to the interest of such named Insured by operation of law as distinguished from purchase any person or entity who succeeds to the interest of such named Insured by operation of law as distinguished from purchase including but not limited to the following it heirs devisees distributees executors and administrators Ill) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of such corporation upon partial or complete liquidation (in) the partnership successors in interest to a general or limited partnership which dissolves but does not terminate Pv) the successors in interest to a general or limited partnership resulting from the distribution of the assets of such general or limited partnership upon partial or complete liquidation (v) the successors in interest to a joint venture resulting from the distribution of the assets of such joint venture upon partial or complete liquidation lull the successor or substitute trustee of a trustee named in a written trust instrument or NO the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of such trust to the beneficiaries thereof Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following (a) LACK OF ADEQUATE TITLE IN THE INSURED PROPERTY TO ALLOW IT TO BE USED SOLD TRANSFERRED LEASED OR MORTGAGED FOR ANY PURPOSE INTENDED BY THE INSURED NOR LOSS OF OPPORTU NITY OR ECONOMIC EXPECTATION (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof and the consequences of any law ordinance or govern mental regulation including but not limited to building and zoning ordinances (c) Any titles or rights asserted by anyone including but not limited to persons corporations governments or other entities to tidelands or lands comprising the shores or beds of navigable or perennial rivers and streams lakes bays gulfs or oceans or to any land extending from the line of mean low tide to the line of vegetation or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government or to filled in lands or artificial islands or to riparian rights or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or their right of access thereto or right of easement along and across the same (d) Defects (lens encumbrances adverse claims or other matters (1) created suffered assumed or agreed to by the Insured (2) not known to the Company and not shown by the public records but known to the Insured either at the date of this policy or at the date the Insured acquired an estate or interest insured by this policy and not disclosed in writing by the Insured to the Company prior to the date such Insured became an Insured hereunder (3) resulting in no loss or damage to the Insured (4) attaching of created subsequent to the date of this policy (5) resulting in loss or damage which would not have been sustained if the Insured had paid value for the estate or interest insured by this policy or (6) the homestead or community property or survivorship rights if any of an spouse of any Insured Defense and Prosecution of Actions (a) In all cases where this policy provides for the defense of any action or proceeding the Insured shall secure to the Company the right to so provide defense in such action or proceeding and all appeals therein and permit it to use at its option the name of the Insured for such purpose (b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or proceeding and such counsel shall have complete control of said defense (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured and the Com pany may take any appropriate action under the terms of the policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy 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 to the estate or interest in the land insured by this policy which is not excluded or excepted from the coverage of this policy the Com pany shall promptly investigate such charge to determine whether the lien encumbrance adverse claim or defect is valid and not barred by taw 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 Insureds claim or charge under the policy If the Company concludes that the lien encumbrance adverse claim or defect is not covered by this policy or was otherwise addressed in the closing of the transaction in connection with which this policy was issued the Company shall specifically advise the Insured of the reasons for its determination If the Company concludes that the lien encumbrance adverse claim or defect is valid the Company shall take one of the following actions (1) institute the necessary proceedings to clear the lien encumbrance adverse claim or defect from the title to the estate as insured (2) indemnify the Insured as provided in this policy (3) upon payment of appropriate premium and charges therefor issue to the current Insured or to a subsequent owner mortgagee or holder of the estate or interest in the land insured by this policy a policy of title insurance without exception for the lien encumbrance adverse claim or defect said policy to be in an amount equal to the current value of the property or if a mortgagee policy the amount of the loan (4) Indemnify another title insurance company in connection with its issuance of a pohcylies) of title insurance without exception for the lien encumbrance adverse claim or defect (5) secure a release or other document discharging the lien encumbrance adverse claim or defect or (6) undertake a combination of 1 through 5 herein (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right in its sole discretion to appeal from any adverse judgment or order (e) Whenever requested by the Company such insured shall give the Company all reasonable aid in any such action or proceeding in effecting settlement securing evidence obtaining witnesses or prose caning or defending such action or proceeding and the Company shall reimburse such insured for any expense so incurred (f) Any action taken by the Company for the defense of the Insured or to establish the title as insured or both shall not be construed as an admission of liability and the Company shall not thereby be held to concede liability or waive any provision of this policy 4 Payment of Loss (a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim or suit with out written consent of the Company fbl All payments under this policy except payments made for costs attorney fees and expenses shall reduce the amount of the Insur once pro tanto and the amount of this policy shall be reduced by any amount the Company may pay under any policy insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the land and the amount so paid shall be deemed a payment to the Insured under this policy (c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against by this policy and such payment or tender of payment together with all costs attorney fees and expenses which the Company is obligated hereunder to pay shall terminate all liability of the Company hereon der as to such claim Further the payment or tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy (d) Whenever the Company shall have settled a claim under this policy all right of subrogation shall vest in the Company unaffected by any act of the Insured and it shall be subrogated to and be entitled to all rights and remedies of the Insured against any person or property in respect to such claim The Insured if requested by the Company shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies 5 Policy Entire Contract Any action actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the title insured hereunder must be based on the provisions of this policy and all notices required to be given the Company and any statement ur wntmg faquired to be furnished the Company shall be addressed to Title USA insurance Corporation 1301 Main Street Dallas Dallas County Texas 75202 This policy is not transferable COMPLAINT NOTICE Should any dispute arise about your premium or about a claim that you have filed contact the agent or write to the company that issued the policy If the problem is not resolved you may also write the State Board of Insurance Department (C 11 10 San Jacinto Blvd Austin TX 78786 This notice of com plaint procedure is for information only and does not become a part or condition of this policy SCHEDULE A Amount $230,887150 GF or File No 33933-21 TJT Name of Insured The City of Denton 1 The estate or interest in the land insured by this policy is (fee simple leasehold easement, etc - identify or describe) 2 The land referred ATTACHED to in poIFy FOR LEGAL DESCRIPON Owner Policy No OP 403976 Date of Policy August 15, 1988 Fee simple Title USA Insu once Corporation 11301 Main St Dallas Texas 75202 Texas State Boa d f I s to c P omulBeted FormT 1 Owns Policy of Title Ins once - Schedule A 100TX A (Rev 7 80) 3OM687H Attached to and made a part of Title USA Insurance Corporation Pollcy Binder or Commitment No ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the Sylvester Williams Survey, Abst, No 1322, and also being part of a tract of land as conveyedlto Alfred G Coulter and wife Grace Lena Coulter by deed dated January ?'2, 1953 and recorded in Volume 383, Page 552 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the northeast corner of said Coulter tract said point lying at the east corner of a tract conveyed to the United States of America by deed dated September 15, 1981 and recorded in Volume 1101, Page 702 deed records of Denton County, Texas, THENCE south along the east boundary line of said Coulter east boundary line, same being the west right-of-way line of a north and south county road known as McReynolds, a distance of 600 0 feet, more or less, to a point for a corner, THENCE west, a distance of 310 feet, more or less, to a point for a corner in an existing north and south fence, THENCE south, along and with the general course of said fence a part of the way passing the end of said fence and continuing a total distance of 1,668 739 feet to a point for a corner, said point lying in the south boundary line of said Coulter tract and in an east and west road known as Burger road, THENCE west, along the south boundary line of said Coulter tract and in said road a distance of 658 7021 feet the southeast corner of a tract conveyed to Sheila Sue Yarbrough, et al by deed recorded in Volume 1978, Page 793 of the Deed Records of Denton County, Texas, THENCE north along the west boundary line of said Coulter tract a distance of 2,116 77 feet more or leas to the northwest corner of said Coulter tract same being the southwest corner of said U S A tract for a corner, THENCE north 81 deg 051 0311 east along the north boundary line of said Coulter tract, same being the south boundary line of said U S A tract, a distance of 980 55 feet to the PLACE OF BEGINNING and containing 36 8874 acres, more or less MISC IN EAT 2OM6HM SCHEDULE B Owner Policy No Qf 403976 This policy is subject to the Conditions and Stipulations hereof the terms and conditions of the leases or easements insured if any shown in Schedule A and to the following matters which are additional exceptions from the coverage of this policy 1 The following restrictive covenants of record itemized below (the company must either insert specific recording data or state None of Record ) None of ecord 2 Any discrepancies conflicts or shortages in area or boundary lines or any encroachments or any overlapping of Im provemenls 3 Taxes for the year 19__L8 and subsequent years and subsequent assessments for prior years due to change in land usage or ownership Not yet due and payable 4 The following lien(s) and all terms provisions and conditions of the instrument(s) creating or evidencing said hen(s) 5 Easement dated May 19, 1941, executed by John R Baughman and wife, Dortha to Denton County Electric Cooperative, Inc , shown of record in Volume 402, Page 156, Dead Records of Denton County, Texas 6 Right of Way Easement dated April 24, 1953, executed by A G Coulter and wife, Grace L. Coulter to Denton County Electric Cooperative, Inc , recorded in Volume 510 Page 69 Deed Records, Denton County, Texas 7 Any portion of the property herein described which falls within the boundaries of any road or roadway 8 Visible and apparent easements on or across the property TI LE USA COMPANY OF DENTON Tommie Thom ff e1 kvF1 gY91"iBl.cer Title USA Insurance corporation 11301 Main St Dallas Te as 7520E Te as State Board of Iusumncj Promulgated Form T 1 Owns Policy of Ttle Insurance -Schedule 8 100TX B (Rev 393) 3OM687H r 4 I ~