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2011-037s:Uegallour documentslordinances111\wolski-stuart draft ordinance.doc ORDINANCE NO. 2011-037 AN ORDINANCE OF THE CITY OF DENTON, TEXAS FINDING THAT A PUBLIC PURPOSE AND NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE ACQUISITION THROUGH AGREEMENT OR EMINENT DOMAIN OF AN APPROXIMATE 0.041 ACRE UTILITY EASEMENT FOR UTILITIES AT THE NORTH EAST CORNER OF LOOP 288 AND STUART ROAD, THE LOCATION OF WHICH BE1NG IN THE S. MCCR.ACKEN SURVEY, ABSTRACT NUMBER 871, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Texas; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION l. The Council finds that a public purpose and necessity exists, and that the public welfare and convenience require, and the City of Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by agreement or through eminent domain, approximate 15-foot wide permanent and perpetual utility easement in, on, over, under, and across the subject tract described in Exhibit "A" attached hereto and made a part hereof by reference (hereafter the "Easements"). The projects are referred to as the "Beaver Creek Phase I Water Line Project". The City Council hereby finds and determines that the acquisition of the Easement through agreement or eminent domain is for a public purpose to provide public utilities, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Attorney, or her designee, shall have the authority to do all things necessary and appropriate to acquire the Easements through agreement or eminent domain. The City Council delegates to the City Attorney, or her designee, the details of accomplishing this objective including, but not limited to, obtaining final surveys, title insurance, engineering matters, title search, formulating and presenting offers, proper documentation, and filing and prosecuting eminent domain proceedings. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approvaL � J PASSED AND APPROVED this the �' day of , 2011. ATTESTED: JENNIFER WALTERS, CITY SECRETARY � By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: rthur Surve in Co., I nc. Yg Proaf'essiona,l �,and Surve,�-ors P.O. Box 54 �- Lewisville, Texas 75067 Office: (972) 221-9439 -�- Fax: (972) 221-4675 EXHIBIT "A" 15 Foot Public Utility Easement 0.041 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land siivated in the S. McCracken Survey, Abstract No. 817, City of Denton, Denton Cc►unty, Texas, and being a part of that certain tract of land described by deed to Edward F. Wolski, recorded under Instxument Number 2005-66783, Official Public Records of Denton County, Texas, and being more particularly described as follows: BEGINNIN� at a point for corner in the west line of said Wolski tract, same point being the northwest corner of a 25 foot Public Utility Easement recorded under Instrument Number 2002-107450, Official Public Records, Denton County, Texas, same point being in Stuart Road; TFIENCE North O1 degrees OS minutes 23 seconds East, with the west line of said Wolski tract, for a distance of 21.09 feet to a point for corner; THENCE South 44 degrees 15 minutes 14 seconds East, over, across and through said Wolski tract for a distance of 132.89 feet to a point for corner on a north line of said 25 foot Public Utility Easement; THENCE North 89 degrees 29 minutes 33 seconds West, with the north line of said 25 foot Public Utility Easement, for a distance of 21.13 feet to a point for corner; THENCE North 44 degrees 15 minutes 14 seconds West, with the northerly line of said 25 foot Public Utility Easement, for a distance of 103.19 feet to the POINT of BEGINNING and containing 0.041 acre of land, more or less. � I I ., I � � ,w � ►� . � ` � O � `�� O .� � � N� O Z ♦ � �. �3. �� ` � � . • E-i � � E"� � � �� ,;� o o� �� EXHIBIT "B" N 20 0 10 20 40 SCALE: 1" = 20' � Basis of Bearing is bascd on the \ City af Denton GIS networl� ♦ \ ` Edward F. Wolski js' \\ Instr. No. 2005-66783 s ;` A�� `\� � s, � ` ��, ��`,� ., ��\ ��, � � , '; 's- � �' �� ° : ��: ��,,� � � �� ,.�� : �- . �` S/f� `��Ia � �[!,`T+ �!��cs...� ` Y l��1u -�rv .,PK�� nra�r �� \ � � ... �.. Found �� • � '�= ' S89 29'03"E 12.91' ♦ -- � �° '<<; -a � O�� `�� 1 \ �,j ♦ �= ma � � � o \ � \ ��° \\ UAi s�R. J�\ 9^�' � Q\ \ ` �' ,\ \�Gt��\0`� \ \� %+ �� . QJ�eOryi� � � � � .�— — � ry�o5e�y� � 89'29'33"W °�� ° : �^� 2.9.13' \ �o �1pry . � � � S89 29'33"E • 879. 61 ' Concrete — � Monument (C.M.) EXHIBIT B 15r' Publlc Utility �'asement S. McCracken Survey, Abstract No. 817 City of Denton, Denton County, Texas —2�10— I�� _ �� — —O Broken Concrete Monumen (C.M.) rthur Surveying Co., Inc. ��on�r �a s��o� P.O.Box 54 — Lewisville, Tezas 75067 Office: (972) 221-9439 Faz: (972) 221-4675 Estatblished 1986 ��2L��1�-,P,� NOTTCE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL Y�KSUN, YUU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECiJRTTY NUMBER OR YOUR DRIVER'S LTCENSE NUMBER. THE STATE OF TEXAS . COUNTY OF DENTON UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Randall D. Smith, Trustee of Stuart Property Trust ("Grantor"), of Denton County, whose mailing address is 5428 Lake Victoria Court, Flower Mound, TX 75022, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, 215 E. McKinney, Denton, Texas 76201, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual easement in, along, upon, under, over and across the following described property (the "Property"), owned by it, and situated in Denton County, Texas, located in the S. McCracken Survey, Abstract No. 817, to wit: PROPERTY AREA DESCRTBED IN EXHIBIT "A" AND ILLUSTRATED IN EXHIBIT "B" � BOTH ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating and perpetually maintaining utilities, including without limitation, water utilities, and their related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repa.irs to said facilities or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon; under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions of any kind as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 3. Trees and Landscaping. Grantor sha11 not plant any shrub or tree upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, ar portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the Grantee's rights granted to it herein for the purposes granted. 5. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants runiiing with the land and sha11 be binding upon the Grantor and Grantee, and their successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. ,�,a�e Witness my (our) hand(s), this t�✓�day of 5� , 2012. By: Randall D mith, Trustee of tuart roperty Trust By: Name: � s � Title: 2 Date: / �� , 2012 ACKNUWLEDGEMENT THE STATE OF T �AS § COIJNTY OF § This instrument was acknowledged before me on ��"y , 2012, by Randall D. Smith, Trustee of Stuart Property Trust, on behalf of said rust. r� :� PaY ►� REBECCA ARI��LD �� _`' �'s� Notary ublic in and for the State of Texas ,,x°, • n �lotary Pubi�c , �` . N1��4 ,,,,�ap�,,� STATE OF TEXAS My Commission Expires: t.�. M Camm. Ex . 21, 2014 Accepted this �� day of �oVE.r+�,$Efe , 2012, for the City of Denton, Texas (Resolution No. 91-073). r By: Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton Real Estate and Capital Support Division 901-A Texas Street Second Floor Denton, Texas 76209 Attn: Paul Williamson 3 rthur Surve in Co., I nc. �' g �xo.�f'essiorsal �,and Sazr�re,yors P.O. Box 54 � Lewisville, Texas 75067 Office: (972) 221-9439 --- Fax: (972} 221-4675 EXHIBIT "A" 15 Foot Public Utility Easement 0.041 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the S. McCracken Survey, Abstract No. 817, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to Edward F. Wolski, recorded under Instrument Number 2005-66783, Official Public Records of Denton County, Texas, and being more particularly described as follows: BEGINNIN�U at a point for corner in the west line of said Wolski tract, same point being the northwest corner of a 25 foot Public Utility Easement recorded under Instrument Number 2002-107450, Official Public Records, Denton County, Texas, same point being in Stuart Road; THENCE North O1 degrees OS minutes 23 seconds East, with the west line of said Wolski tract, for a distance of 21.09 feet to a point for corner; THENCE South 44 degrees 15 minutes 14 seconds East, over, across and through said Wolski tract for a distance of 132.89 feet to a point for corner on a north line of said 25 foot Public Utility Easement; THENCE North 89 degrees 29 minutes 33 seconds West, with the north line of said 25 foot Public Utility Easement, for a distance of 21.13 feet to a point for corner; THENCE North 44 degrees 15 minutes 14 seconds West, with the northerly line of said 25 foot Public Utility Easement, for a distance of 103.19 feet to the POINT of BEGINNING and containing 0.041 acre of land, more or less. � � � ^� � r'`� . � � � � � `� o NI O � z �. ��` � . • ,.. E"� � � � � � � � �� ,�o Io� ° I 1 EXHIBIT "B" � 20 0 10 20 40 SCALE: 1" = 20' � Basis of Beaang is based oa the \ City of Dentoa GLS network. � � ` Edward F. Wolski �s' `♦ Instr. No. 2005-6fi783 � �� A��• `��3 , � � s �\ � �\�, .. �� ;` � ��l � s- � `"� .�`��; " 5 ��L �y� � ♦ �R � � � �� ' � d°�.u•t fy� �� Q� � 1,�� j"�'`��u-L',5 L. ��-Nis;; „PK" Nail � ¢ \ � � + . _.,�..�q,....... .... „ Found �\ � \ ` � . e . . .: f?,7 'r.rar5� • y�° .� '�•' t,'.`�r-� ---� S89 29'03"E 12.sr' O � � � �-' �� .:- pC'� c _c�: `�i j� O ♦ ��.;:��=�, f�� '. J � �g.� O� ♦ `� � � �l \` a � � o \ � \ �� `� s � .��.�t � � a Q�\ J��S��h� � o � � �p�`�t. ,�0� � \\ us Q� e� � p—n—/7n--�— rt �' �`j. �5e�o0� � CJ J•L �7'33"� V '� �� %�o�' 2.1.13' "�N � �ry � S89 29'33"E • 879.61 ' Concrete — � Monument (C. M.) EXHIB IT B 15' Publlc Utility �'aser�ent � S. McCracken Survey, Abstract No. 817 City of Denton, Denton County, Texas -- 2010 — LooP 28s — —O Broken Con cre fe Mon um en (C. M. ) rthur Surveying Co., I nc. ��on,8.r �a s��yo� P.O.Box 54 – Lewisville, Tesas 75067 Office: (972) 221-9439 Faz: (972) 221-4675 Estatbliahed 1986 En�change: Authorized Users Only Document Receipt Information Reference Number: DN12636816 - Easement nstrument Number: lo of Pages: ;ecorded Dat� icer Name: ume: �e: ;ordina Fee: 139013 6 12/7/2012 2:31:04 PM Denton Carmen Robinson • 0 6, 00 Page 1 of 1 THE ATTACHED DOCUMENT WAS ELECTRONICALLY FILED FOR RECORD WITH THE COUNTY CLERK'S OFFICE. THIS PAGE CUlVTAINS THE FILING INFORMATION PROVIDED BY THE COUNTY CLERK'S OFFICE AND MUST REMAIN WITH, ANI� BECOME PART OF, T�E ORIGINAL DOCUMENT. https://www. en�change. com/LTUViewReceipt. aspx?DocumentId=683 675 5 12/ 10/2012 Owner's Policy Q�,�r�,c�.2, 201l —03'7 Owner's Policy of Title Insurance (T-1) ISSUED BY First American Title Insurance Company POLICY NUMBER 5019648- 16383 Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insuranoe, sustained or incurretl by the Insured by reason of: 1. Title being vested other than as statetl in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or deliveretl; (iv) failure to perForm those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or ativerse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachmenY' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Tifle lnsurance Company ==P��ZLE IpSG��,,, '� ..•��POR9�..y�i �.z o' n � o N �, SEPTEMBER 24, ; � d�'•,, . 19fi8 ,� � . �� y* �' • • . . . . • •' ,t�_= ��'��. CA� 1 F 0 RN�P_ ' / ✓N ��i'✓V � � Dennis J. Gilmore President C�� 'vi/ � Timothy Kemp Secretary (This Policy is valid only when Schedules A and B are attached) Form 5019648 (2/1/10) Page 1 of 6 TX T-1 Owner's Policy of Title Insurance (Rev. 2-1-10) - Texas 5. 6. 7, 8, 9. � COVERED RISKS (Continued) The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Title being vested other than as stated in Schetlule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. Any defect in or lien or encumbrance on the Title or other matter inclutled in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and�expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ortlinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subtlivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2, Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known fo the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Form 5019648 (2/1l�10) Page 2 of 6 4. 5. 6. Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Coveretl Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (aj a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. TX T-1 Owner's Policy of Title Insurance (Rev. 2-1-10) - Texas � CONDITIONS DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section S(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": the date designated as "Date of Policy" in Schedule A. . (c) "Entity": a corporation, partnership, trust, limited liability company or other similar legal entity. (d) "Insured": the Insured nametl in Schetlule A. (i) The term "Insuretl" also includes; (A) successors to the Title of the Insured by operation of law as tlistinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (1) If the stock, shares, memberships, or other equity interests of the grantee are wholly- owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": an Insured claiming loss or damage. (fl "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Pubiic Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or watennrays, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. Form 5019648 (2/1/10) Page 3 of 6 2. 3. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowletlge. With respect to Coveretl Risk 5(d), "Public Records" shall also inclutle environmental protection liens filed in the records of the clerk of the Unitetl States District Court for the district where the Land is locatetl. Q) "Title": the estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the tlelivery of marketable title. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mo�tgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the insured. . NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of titie or interest that is ativerse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in 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 tleterrnination, If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy;. (iii) upon payment of appropriate premium and charges therefor, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title TX T-1 Owner's Policy of Title Insurance (Rev. 2-1-10) - Texas 4. 5. 6. CONDITIONS (Continued) insurance without exception for the lien, encumbrance, adverse claim or tlefect, said policy to be in an amount equal to the current value of the Land or, if a mortgagee policy, the amount of the loan; (iv) intlemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. PROOF OF LOSS. In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS. (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those statetl causes of action alleging matters insured against by this policy, The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an adrnission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c} Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. 7. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aitl (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or tlesirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERINISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy, In addition, the Company will pay any costs, attorneys' fees and expenses incurretl by the Form 501•�648 (2/1110) Page 4 of 6 � � TX T-1 Owners Policy of Title Insurance (Rev. 2-1-10) - Texas CONDITIONS (Continued) Insured Claimant that were au#horized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insuretl Claimant the loss or damage providetl for under this policy, together w'ith any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insuretl under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack .of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured: (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by tfie amount of the payment. Form 5019648 (2/1/10) Page 5 of 6 11 12. 13. 14. 15. LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amoun# the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on tha Title, and the amount so paid shall be deemed a payment to the Insured under this policy. PAYMENT OF LOSS. When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. RIGHTS OF RECOVERY UPQN PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the Company, the Insuretl Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or�settle in the name of the Insured Claimant and� to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Campany shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ARBITRATION. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules.of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolitlation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursaant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court . of competent juristliction. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the TX T-1 Owner's Policy of Title Insurance (Rev. 2-1-10) - Texas CONDITIONS (Continued) Insured antl the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the entlorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance, Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be tleemed to refer to the term regartlless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Condifions and Stipulations shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be Form 5019648 (2/1,�10) Page 6 of 6 deemed not to include that provision or such part held to be invalid, and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten.the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicabie to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall �pply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insuretl, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of iaws principles to determine the applicabie law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1. First American Way, Santa Ana, California 92707. Phone: 888-632-1642. �5,� A M ER�C � �ti � a ��r � r ��.. \��A��' �U �� / �-.�y� �� First American 7"itle TX T-1 Owner's Policy of Title Insurance (Rev. 2-1-10) - Texas OWNER'S POLICY OF TITLE INSURANCE Issued by Fit�stAmerican Title Insurance Compc�ny SCHEDULE A Name aild Address of Title Insurauce Coinpany: FIRST AMERICAN TITLE INSURANCE COMPANY 1500 S Dairy Ashford, Suite 300, Houston, 77077 FileNo.: DN12636816 PolicyNo.: 5019648-16383 Address for Reference only: N/A P.inount of Insurance: $12,500.00 DateofPolicy: December 7, 2012,at 2:31 pm ]. Name of Insured: City of Denton 2. The estate or interest in the Land that is insured by this policy is: Easement Estate 3. Title is insured as vested in: City of Denton 4. The Land referred to in this policy is described as follows: SEE ATTACHED EXHIBIT "A" Premium: $246.00 Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010 EXH181T 'A' TRACT I BEING all thet certsin lot, trad, w percet of land situated in !he S. McCredcen Survey Abslract Number 817, in It►e City ot Dertton, Derrton Cnunty, Tex�s, being a pari ot lhat oerlain 'North TracC described � a deed 6�vm Joseph J;,Tallal Jr., Trustee to Group ManagemeN, Inc. recorded in Vdume 2352, Page 498, Resl Property Recads, DeMon County, Texas. snd being mwe partfailarly desuibed aa follows: BEGINNING at an f�on rod set for comer In 5tuert lene, a publfc roa�way and in the esst line of the T. Toby S�vey Abshed Number 1286, fhe mosl westeriy norlhwest comer of seid'Na1h Trad' bears N 00' 09' 00" E, 238.�10 feet: THENCE N 89° 34' 34" E, 700.04 teet ta an iron rod set for caner � THENCE S 00' OJ" 00" W, 361.1 t teM b� kon rod set for comer in the rmrth 4ine o( SIe1e HiBhway Loop 288, a public roadwa�r havir►g a rlght-ot-way oi 200.0 teet; -' THEMCE S 89• 34' 04" W, 636.79 feel with aaid north line of eaid Loop 288 to e canaete moriument faund tor oomer et e ngM-of-way Ilare in the east line oi said Stuart Lane; - - THENCE N 45' 11' 3T W, 70.78 teet vvilh seid r'�ght-�a�vay fl�re ta an iron rod aet tor comer in ri�e eaat line o( said St+Jart Lene; '��. THENCE S 89' 34' 34" W. 12.91 te� to an iron rod sei tor oomer in seid 3tueR Lena; _ 7HENCE N o0' 09' OOr' E, 310.96 ieel wfth aeid S1uart Lens ro the PLACE OF BE(ilNN1NG and contafning 5.780 ecres uf land. NOTE: Company does not represent that the above acreage and/or square footage calculations are correct. EXHIBIT "A" Tract II BEING ALL THA CERTAIN I.OT, TRACT, OR PARCEL OF LAND SITUATED IN THE S. MCCRACKEN SURVEY ABSTRACT NUMBER 817, TN TiiE CITY OF DENTON, DENTOPI COUNTY, TEXAS, BEIN6 A PART 4F THAT CALLED TRACT II DESCAIHED IN A DEED FAOM GROUP MANAGII�IENT, INC. TO EDWARD F. WOI,SKI, M.D. d/b/a M. A. PROPERTIES AS RECORDED I2S CLERIC'S FILE NUMBER 97-R0083369, REAL PROPERTY RECORDS, DENT�N COUNTY, TEkAS AND BEING MORE PARTICUI,ARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN STUART FtOAD FOR THE MOST WESTYERLY NORTHWEST CORNER OF SAID TRACT II; THENCE NORTH 89 DEGREES 33 MIN[3TES 26 SECONDS WEST A DISTANCE OF 16.83 FEET WITH A NORTH LINE OF SAID TRACT II TO A POINT IN THE EAST LINE OF SAID STUART ROAD IN A RIGHT OF WAY FI.ARE OF LOOP 288 FOR CORNER; THENCE NORTH 99 DEGAEES 97 HINUTES 09 SECANDS EAST A DISTANCE OF 66.83 FEEF S�7ITH A RIGHT-OF-WRY FLARE TO A POINT FOR COPNER IN THE SOUTH LINE QF STATE HIGHWAY LOOP 288, A PUSLIC ROADMiRY HAVING A VARIABLE RIGHT-OF-WAY; THENCE NORTN 89 DEGREES 33 MINUTES 34 SECONDS FJ�ST WITH THE SOUTH LINE TfiEREOP 1�ND A NORTH LINE OF SAID TRACT ZI A DISTANCE OF 199.99 FEET TO A POINT FOR TAE NORTHEAST CORHER OF TFIE HEREIN DESCRIBED TRACT; THENCE SOUTH 00 DEGREES 09 MINUTES 00 SECONDS WEST A DISTANCE OF 310.90 FEET TO A POINT FOR THE 30IITHEAST CORNER DF THE HEREIN DESCRIBED TRACT; THENCE NORTH 89 DEGREES 19 MINUTES 30 SECONDS WEST A DI3TRNCE OF 263.79 FEET TO A POINT IN SAID STUART ROAD IN TFIE �EST LINE aF SAID TRACT II f�OR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE N 00 DEGAEES 09 MINUTES 00 SECONDS EA3T WITH THE WE3T LINE OF SAID TRACT II AND WITH 3AID ROAD A DISTANCE OF 258.69 FEET TO THE PLACE OF BEGINNIN6 AND ENCLOSING 1.823 ACHES OF LAND MORE OR LESS. NOTE: Company does not represent that the above acreage and/or square footage calculations are correct. OWNER'� POLICY OF TITLE INSURANCE Issued by First American Title lnsurance Company SCHEDULEB File No.: DN12636816 Policy No.: 5019648-16383 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of the terms and conditions of leases and easements, if any, shown in Schedule A, and the following matters; L The following restrictive covenants of record itemized below (the Company must either insert specific recording 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 community property or survivorship rights, if any, of any spouse of any Insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments ar 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 harbor or bulkhead lines as established or changed by any government, or c, to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of inean low tide to the line of vegetation, or the right of access to that area or easement along and across that a1�ea. Standby fees, taxes and assessments by any taxing authority for the year 2a12, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tc� Code, or because of improvements not assessed for a previous tax year. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception.): a. Easement granted to Denton County Electric Cooperative, Inc. by instrument dated June 13, 1945, executed by W.K. Baldridge and Catherine Baldridge and recorded in Volume 402, Page 45, Deed Records of Denton County, Texas; as modified by instrument dated February 26, 1970 recorded in Volume 599, Pahe 282, Deed Records, Denton County, Texas. b. Easement granted to the City of Denton by instrument dated July 3, 2002, executed by Edward F. Wolski, MD, dba M.A. Properties and recorded in Volume 5158, Page 3610, Real Property Records of Denton County, Texas. c. Mineral and/or royalty interest as described in instrument executed by Craig P. Moore, Attorney, Trustee to John Kassos, Attorney, as Trustee under Trust # 817, dated July 21, 2003 and recorded under Instrument File Number 2003-195863, Real Property Records of Denton County, Texas; reference to which instrument is Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010 Continuaticn of Schedule B Policy No. 5019648-16383 here made for all purposes, together with all rights, expressed or implied in and to the property covered by this policy arising out of or connected with said interest and conveyance. Title to said iuterest not checked subsequent to date of aforesaid instrume�t. d. Mineral and/or royalty interest as described in instrument executed by Stuart Property Trust, Sherman County, Inc., a Nevada corporation, as Trustee to Carrie County Minerals, Inc., a Nevada corporation, as Trustee of Carrie County Mineral Trust, dated May 20, 2005 and recorded under Instrument File Number 2005-121163, Real Property Records of Denton County, Texas; reference to which instrument is here made for all purposes, together with all rights, expressed or implied in and to the property covered by this policy arising out of or connected with said interest and conveyance. Title to said interest not checked subsequent to date of aforesaid instrument. e. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. f. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by ao accurate and complete survey of the land. g. Any visible or apparent easement over, under or across the land. h. Any unrecorded easements, or claims of easements. i. Any public or private highway, road, street or alley located on the land. j. Rights of parties in possession. Fair / First American Title Company, LLC / Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010 S� A M F R/ `� C, ` �' "` �� First American �tle � `i�� IMPORTANT NOTICE To obtain information or make a complaint: You may contact Hexter-Fair Title Company at 214-373-9999. You may call First American Title Insurance Company's toll;free telephone number for information or to make a complaint at: 1-888-632-I642 You may also write to First American Title Insurance Company at: 1 First A�reerican Way Santa Ana, California 92707 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at.• 1-800-252-3439 You may write the Texas Department oflnsurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http: //www. tdi. state. tx. us E-mail: ConsumerP�otection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Hexter-Fair Title Company or First American Title Insurance Company ftrst. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YO UR POLICY.• This notice is for information only and does not become a part or condition of the attached document. GF No. DN12636816 Important Notice 16Y.YIJ�I�I:�•1 First American Title Insurance Company AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puerde comunicarse con su Hexter-Fair Title Company a1214- 373-9999. Usted puede Ilamar al numero de telefono gratis de First American Title Insurance Comparry's para informacion o para someter una queja al: 1-888-632-1642 Usted tambien puede escribir a First American Title Insurance Company: 1 FirstAmerican Way Sa�ita Ana, California 92707 Puede comunicarse con el Departamento de Seguros de Texas parq obtener informacion acer�ca de companias, coberturas, derechos o quejas al: I-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (S12) 475-1771 Web: http://www.tdi.state.tx.us E-mail.• ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Hexter-Fair Title Company o First American Title Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010