The URL can be used to link to this page

2012-092s:llegallour documents\ordinances\121harrell acquisition ordinance.doc ORDINANCE NO. 2012-092 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 0.03 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT ENCUMBERING A 0.02 ACRE TRACT; AND (III) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT ENCUMBERING A 182 SQUARE FOOT TRACT, ALL TRACTS LOCATED 1N THE O.S. BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 1800 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO JAMES B. HARRELL, JR. (THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF SEVEN THOUSAND SIX HUNDRED SIXTY SEVEN DOLLARS AND NO CENTS ($7,667.00), AND OTHER CONSIDERATION, AS PRESCRIBED 1N THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council finds that a public use and necessity exists, and that the public welfare and convenience require, the acquisition of the Property Interests by the City of Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition of the Property Interests is necessary for public use to provide street and roadway expansion and improvements to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Manager, or his designee, is hereby authorized to make a formal offer to the Owner to purchase the Property Interests from the Owner. SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for and on behalf of the City (i) the Agreement, by and between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "B", with a purchase price of $7,667.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement; and (b) to make expenditures in accordance with the terms of the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the City relating specifically to the Owner's property and prepared in the 10 years preceding the date of the offer made by the Agreement. SECTION 5. The offer to Owner shall be made in accordance with all applicable law. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. �c/ PASSED AND APPROVED this the � day of , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS PURCHASE AGREEMENT (the "Agreement") is dated �! � , 2012, but effective as of the date provided below, between James B. Harrell, Jr. (referred to herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, James B. Harrell, Jr. is the Owner of a tract of land (the "Land") in the O. S. Brewster Survey, Abstract Number 56, being affected by the public improvement project called the Bonnie Brae Road Widening and Improvements Project ("Project"); and WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii) easements in, along, over, upon, under and across, a portion of the Land, each related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary real property interests for the Project; NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1 1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special Warranty Deed (herein so called), conveying to the City, subject to the reservations described below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more particularly described therein; and (iii) a Temporary Construction, Grading and Access Easement (the "Temporary Easement"), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Temporary Construction, Grading and Access Easement (the "Temporary Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for temporary construction, grading and access purposes, as more particulaxly described therein (the Utility and Slope Easement Lands and the Temporary Easement Lands are collectively referred to herein as the "Easement Lands"). The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 1"; (ii) the Utility and Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 2; and (iii) the Temporary Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 3" (the Utility and Slope Easement and the Temporary Easement are collectively referred to herein as the "Easements") (the Fee Lands and the Easements are collectively referred to herein as the "Property"). B. Owner, subject to the limitation of such reservation made herein, shall reserve, for himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Fee Lands. Owner, his heirs, devisees, successors and assigns, shall not have the right to use or access the surface of the Fee Lands, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands for the location of any well or 2 drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Fee Lands; and (ii) all substances (except oil and gas) which are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 2. As consideration for the granting and conveying of the Fee Lands and the Easements to the City, the City shall pay to Owner at Closing the sum of Seven Thousand Six Hundred and Sixty Seven and No/100 Dollars ($7,667.00). The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. In addition to the Total Monetary Compensation, and being a component part of the Project, the City shall reconstruct, at its sole cost and expense, that area of Owner's driveway within the Easement Lands. The driveway shall be reconstructed in a workmanlike manner, using materials comparable to that of the existing driveway materials found. Any private service lines or irrigation lines situated within the Easement Lands and affected by the Project, shall either be repaired or rearranged, at the sole cost and expense of the City, as field conditions warrant. The work prescribed in this Section 3 is herein referred to as the "Driveway Work". 3 4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all closing requirements of the City in relation to solicitation of releases or subordinations of the Encumbrances and other curative efforts affecting the Fee Lands and/or Easement Lands, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder, although Owner may otherwise be in default under Section 11, below. However, if the Encumbrances are not cured as provided herein, City has the option of either (i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Work constitute and include all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, value of, damage to and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the Easement Lands and/or Fee Lands related to activities conducted pursuant to the Easements or City ownership of the Fee Lands, interference with Owner's activities on the Easement Lands or other property interests of Owner, caused by or related to activities related to the Easements, whether accruing now or hereafter, and Owner hereby releases for himself, his heirs, devisees, successors and assigns, the City, it's officers, employees, elected officials, agents and contractors from and against any and a11 claims he may have now or in the future, related to the herein described matters, events and/or darnages. 6. The Closing (herein so called) shall occur in and through the office of Universal Title Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie, Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in 4 writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the next resulting business day. 7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is not lcnown as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of t�es levied against the Fee Lands for the calendar year in which Closing sha11 occur is known. The result of such proration is that the Owner shall pay for those ta�ces attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to Closing) and City shall pay for those taxes attributable to the period commencing as of the Closing Date. All other typical, customary and standard closing costs associated with this transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. 8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 9.A. In the event Owner shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. B. In the event City shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to 5 Closing by written notice of such election to City; or (ii) enforce specific performance of this Agreement. 10. THE LAW5 OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 11. From and after the Effective Date of this Agreement, through and including the Closing Date, Owner sha11 not (i) convey or lease any interest in the Fee Lands or Easernent Lands; (ii) enter into any Agreement that will be binding upon the Fee Lands or Easement Lands, less and except the Temporary Easement Lands, or upon the Owner with respect to the Fee Lands or Easement Lands, less and except the Temporary Easement Lands, after the date of Closing; or (iii) enter into any agreement that will be binding on the Temporary Easement Lands, or upon Owner with respect to the Temporary Easement Lands, prior to the termination of the Temporary Easement. 12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered upon the earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: C�]��i/►1�l.ii James B. Harrell, Jr. 1818 South Bonnie Brae Street Denton, Texas 76207-2051 Phone Telecopy CITY: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 � Copies to: For Ovmer: For Ci : Telecopy: Richard Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 13. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subj ect matter of this Agreement. Time is of the essence with respect to this Agreement. 14. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deed and/or Easements. 15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the talcing of any portion of the Property, City may, at its election, terminate this Agreement at any time prior to Closing. 16. Authority to take any actions that are to be, or may be, taken by City under this Agreement and/or Easements, including without limitation, adjusting the Closing Date of this Agreement and/or the termination date of the Temporary Easement, are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer of City, or his designee. CITY OF DENTON, TEXAS �— By: GEORGE C. CAMPBELL, CITY MANAGER Date: / , 2012 7 ATTEST: JENNIFER WALTERS, CITY SECRETARY C Date: 2012 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Date: �/��• � �� , 2012 OWNER: JAMES B. HARRELL, JR. Date: , 2012 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acicnowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreernent and to perform its duties pursuant to the provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Universal Title Agency, LLC d/b/a Universal Land Title of Texas 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone: (972) 206-7570 Telecopy: (972) 206-2870 I� Printed Name: Title: Contract receipt date: , 2012 0 l � / i .. . .. -" r✓ l,, , i . , ..:.. � ,,,. ' �; � . � ��. � �,,,. . � ...�� .... � , � � ',. � �.. �� ....:.. � �'.... � ` � ..� � �'�; � �:... �� : ' � ... � ',. . , ...:� � r.. � .......: l... � ',,, � � �, r . ,, .. � .. ..�� >. ! f��. .l ! • 1 ��. � ± '�� '�,; . � E • � .. • ! 1.�. 1 �.. ± � ;.• � ' ,:. � '�.... � , :.. � �,. � �,.: �! ��. • w � � .: � ��.. � � � � ,,,.. ��: � � '.... ':� 1 '.. � � . � � �. � �� ,�... '... � � \ ,...: � �:.. !�. �`�. 1 � That SYLVIA RUTH HARRELL BRISKEY, Independent Administrator of the Estate of James Blake Harrell, Jr., Deceased (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other gaod and valuable consideration to Grantar in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Carparation (herein called 66Grantee"), 215 E. McKinney, Dentan, Texas 76201, the receipt and sufiiciency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described in Exhibit "A999 attached hereto and made a part hereof far all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fxtures therean and all other rights and appurtenances thereto (collectively, the 66Property99� Grantor, subject to the limitation of such reservation made herein, reserves, foi° himself, his heirs, devisees, successars and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantar, his heirs, devisees, successars and assigns shall not have the right to use or access the surface of the Praperty, in any way, manner or form, in cannection with or related to the reserved oily g�Sy and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: 1. Easement executed by Milton W. Abbey to Texas Power & Light Company, filed July 21, 1948, recorded in/under Volume 342, Page 38, of the County Clerk's Official Records of Denton County, Texas. 2. Easement executed by Betty Jean Abbey to City of Denton, filed April 17, 1959, recorded in/under Volume 445, Page 566, of the County Clerk's Official Records of Denton County, Texas. 3. Easement executed by Milton W. Abbey to Texas Power & Light Company, filed August 17, 1959, recorded in/under Volume 449, Page 294, of the County Clerk's Official Records of Denton County, Texas. 4. 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 Page 2 the Public Records. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED the day of _________ ______________, 2015. �� , r � �� ' ___ �... � � , ��,,. � x � , a.��,�� w��-- ..�'��: ��^�� f� � �� . �;�..��n�� -�,,., .�� . �"�'"f.,"V�l� R�.�� 1l HARRELL �T�:I�T�.[.�,"�, ,�� .�.w� Independent Administrator of the Estate of James Blake Harrell, Jr., Deceased ACKNOWLEDGMENT 'T"}�I'� �, �"�'�°l'�� " �.��°��^�.^� .. �`��G.1'�C'�� "�' �C':�� _. This instrument was acknowledged before me on �� __ „„ 2015 by SYLVIA RUTH HARRELL BRISKEY, Independent ,�ht�p��r��•t�t��r� of the Estate of James Blake Harrell, Jr., Deceased ��`� �A" F � � r � � r, �✓, � � �..�� " � .. �.,� �� 'r°. � �' �� „ y' r��i �„ State t I°��x�� otar C �ti . , . � y � � �.: �� ._ �� . ,� � "�'n, ASHLEYKE�� " " LLY•NORLINO My ��k�� r°a r�� a� ��:. r c�� a � �: � `�` �, � _ : �.. �. . � � � s; � ": MY COMMISSION EXPIRES � � �` Febnre 6 2019 ��°°l�:K�,*�� ry � Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 3 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 PAGE 1 OF 3 17l4 S. BONNIE BRAE TRACT !3 14 BETTYE L. {AARiIN INBT. N0, 2008-76194 O�H�O.C.T� �� A' � � � 1818 S. BONNIE BRAE TRACT 17 JAMES B. HARRELL, JR. VOL, 946, PG. 828 O,R.D.C.T. �� ,�� 1814 S, BONNIE BRAE LOT 2, BLOCK A JOE ABBEY EXHIBIT "A" I i SBB'13'5A"q�,. 9.80' I !B!E 8, BONNIE BRAE — �.I LO J0� ABBEY A � t�i I� 4 � lBiB B. 60NNIE BRAE LOT 3, BLOCK A JOE ABBEY NBB'37'43"E 8,26' 21.32ser s/z• i.A.-�, TFACT iB N/OAI CAP JIM BLAKE HARRELL, �i� + � � � �� +� � ,,,„,.,,„,,.µ^"� VtlL.O1�180. CPT, 920 �� .. � � �Ja�i �C��VN, _..a —�� a "�i"�i�� , �°�.�. �� . �� ...�.._..�...� �. � $EM% AI•R�AF+k'k. � � sees5�se3 W � lB20-1B82 BONNLE BRAE , � TRACT i9 eCOTT BRONN INST. N0. 97-R0047097 O.R.D,C.T. NOTE; SET 1/2" I.R. W/ GAI CAP TO BE SET AT END OF CONSTRUCTION. i��yu,t �i �a ^ ��o � � �,�r.�,�.�. , "" ' FNO �r 3± �S /� O �� ; �s �� yn �� , � � W�� ]:. W4 UNIVEHSITY OF NORTH TE%A8 VOL.2B4, PG.50 p,R.D.C.i. �N �'37`�4�°"E , li, iS" ��-� �tbi'22' 17"E .�"°' 99 . 85 ' `"�,��.... _ .....�..,...._....... . - � � �� L_w• �v�aia�L�, w�orH p.o.w.t � � • - - . . ��.... ..�.�. �T...�.�- � � �..�-�_ �� ' .a � I BASI__..� W��_..... �_ � �...� _._.__ ..�_...... 5 OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAO B3) STATE PLANE COOROINATE SYSTEM, TEXAS NORTH CENTRAL. P13—ROW-1 BEING A 1,360 SQ.FT./0.03 ACRE DEDICATION SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT N0. 56 DENTON COUNTY, TEXAS i !1 71 M 1 ; � x +w �� Nk A• 14 "� ORAPHIC SCALE !'-100" .. � . ..............w......�... ..�_._.....��...... ' o eo �oo i5o DATE: SEPTEMBER 2011 J/Dentan/P13-ROW-i Page 2 of 3 PARCEL 13-ROW-1 LEGAL DESCRIPTION BEING a 0.03 acre tract oi land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Tract 17, as conveyed to James B. Harrell Jr., as recorded in Volume 946, Page 828, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of Tracts 13, 14 as conveyed to Bettye L. Martin as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, and being in the existing west right-of way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 88°13'S4" West, along said existing west right-of-way line, a distance of 9.80 feet to a point, said point being in the south line of said Tracts 13, 14, and b�ing the northeast corner of Lot 1, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas, being a common line; THENCE South 00°07'45" East, leaving said common line and along said existing west right-of-way line, a distance of 232.17 feet to a point, said point being in the north line of said Tract 17, and being the southeast corner of Lot 3, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas; THENCE North 88°37'43" East, continuing along said existing west right-of-way line, a distance of.8.25 feet to a set 1/2 inch iron xod with GAI cap for corner, for the POINT OF BEGINNING; THENCE North 88°37'43" East, continuing along said existing west right-of-way line, a distance of 11.15 feet to a point for corner; THENCE 5outh 01°22'17" East, continuing along said existing west right-of-way line, a distance of 99.85 feet to a point for corner, said point being the southeast corner of said Tract 17, and being in the north line of Tract 19 as conveyed to Scott Brown as recorded in Instrument No. 97-R0047097, Deed Records, Denton County, Texas, being a common line; THENCE South 88°37'43" West, leaving said existing west right-of-way line, and along said common line, a distance of 15.68 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 00°21'S7" East, leaving said common line and along said proposed west right-of-way line, a distance of 48.63 feet to a set 1/2 inch iron rod with GAI cap for corner; Page 3 of 3 THENCE North 03°13'42" East, continuing along said proposed west right-of-way line, a distance of 30.04 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 00°21'S7" East, continuing along said proposed west right-of-way line, a distance of 21.32 feet to the POINT OF BEGINNING and CONTAINING 1,360 square feet, 0.03 acres of land, more or less. 03'i�- �� -- Doc-62421 **** Electronically Filed Document **'"`�` Denton County Juli Luke County Clerk i ,�j;i I' jii%; �i � i �/�� i i�� Document Number: 2015-62421 Recorded As : ERX-WARRANTY DEED Recorded On: Recorded At: Number of Pages: Recording Fee: Parties: Receipt Number: Processed By: June 08, 2015 04:22:50 pm 7 $50.00 Direct- BRISKEY HARRELL SYLVIA RUTH Ind i rect- 1298222 Terri Bair *****"'"***** THIS PAGE IS PART OF THE INSTRUMENT'"*****'****** Any provlslon herein which restricts the Sale, Rental or use of the descrlbed REAL PROPERTY because of cotor or race is invalid and unenforceable under federal law. .�� +• , ,� THH 6TATH UF TE]LAE} COUNTY OF DENTONj i hceeby certll� W�t this 4utr�ut �r PILP� L tha Fba Nv�bar saq�rce o� I�e d�h/tl�e pri�Ned Mron, �d ws dYl� RECORDED in tLa �ci.l N.eard d D�aMn Couty, iear. Juli Luke Cor.ly Cleek Dante� Corafy, T�=r �� .�, �.�� '>�°�' ��.�� , , � ., . . �. . . , � • � , �� • , � , �� , �� . � . .. . . . . . ,,,, . ; ,,, , ,. , �., , ; . �., � � � . . ; .�. � .,. . ; . THE STATE OF TEXAS � � � � UTILITY AND SLOPE EASEMENT , , , ►►�. :_' u �': ,. THAT SYLVIA RUTH HARRELL BRISKEY, Independent Administrator of the Estate of James Blake Harrell, Jr., Deceased ("Grantor"), whose mailing address is 4344 Normandy Dallas, Texas 75205, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufiiciency 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 utility and slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the 0.5. Brewster Survey, Abstract Number 56, to wit: �.�i� . ' 1 • : 1 : , I�I W'IIT . 1 . : � : ► 1 ►I : 1 : ''' _�:�I I�:i �1:7 �C�71 For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and lateral slope, and 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 repairs to said facilities and/or lateral slope features or grade or any part thereof. This Easement is subject to the following covenants and agreements: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the beneiits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. 2 Witness my hand, this the � day of __ , 2015, Grantor: � � � �� ,�__� �� .:�� - �1 �� ,.�.��u �� ' `�� --�,� �" �.;��M� ��'-� � �' �� s��, RuTx �-�.�r��.�;�� r��:�� Independent Administrator of the Estate of James Blake Harrell, Jr., Deceased ACKNOWLEDGMENT THE STATE OF �"�� § COUNTY OF �0 �[� � § This instrument was acknowledged before me on _ wwm_� ;�~ �015 by SYLVIA RUTH HARRELL BRISKEY, Independent Admi¢�.i��r�taa�• ��1'i�� :N� �� [ .f��a�;.s Blake Harrell, Jr., Deceased � �� ,��„�� `��/�'-�' �� "��r Notar i� ��a%l y � � � �� , State c�� Texas �� r • �wr��ASHLEYKELLYNORLING Mycommissione��c�,�: q�+�.��'�� ,�::� �� G�= MY COMMISSION EXPIRES ��. x. ��r..�� "�"' February 6, 2019 � Texas ((:)�•cli��e;� No. 2013-094). I� Paul Williamson Real Estate Manager day of ___ mm _ y, 2015, for the City of Denton, AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 � PAGE 7 OF 3 1714 5. BONNIE BRAE TRACT 73, f4 BETTYE L, MARTIN INST. ND. 2009-76194 D.R.O.C.T. � n D � 0 R � r � iBiB S. BONNIE BRAE TRACT 17 JAMES B. HARRELL, JR. VOL. 946, PG. 828 D.R.D.C.T. �q/` �'��•" ,�, �� a SB14 5. BONNIE BRAE LOT 2 BLOCK A J0� ABBEY rswarr .r�w �r�w wa�n�c� Mt��rp�a.r., W�Pk,. SlCi] I�'��. 7?-F3�� N�� ..�.r�.. �. \ \ EXHIBIT "A" C � � �� ' see•is•��.en�m�� P � � 9. 80 ` .., `� ............�.�....�..�........�..,.�....,..,_.�..�._.�._ � '�a � i � � 1 ; �.r ' ! � lBf2 5. BONNIE BRAE — � "�" ; LOT f, BLOCN A '^�' �4 �' � JOE ABBEY �j 4� c+ � �7 Xc � � �'�I� A � �� ...; i �...m........�-- n,, ��'J � r�- ,� � e . °� o � ........ C3 a � � �.. :'�� a a SBl6 S. BONNIE 6RAE� �0 J0� ABBEY A w., � N00'19'25"W ........_. 20.97' NO3 '13' 42"E-�'"" 30.04' v�00'21'57"E -�-�' Q�. �?'7 � S86 '37 ' ��'° ��" 8.00' SB20-fB22 BONNIE BRAE TRACT f9 5COTi BRONN INST. N0. 97-R0047097 D.R.D.C.7. _..,m„�,W..W..,,.,,,,— ..._... ._..., .. r �r� 7� . .,1.P1 � .� ._ ..a_ �� _..� _.� .._ N m � �,�� N � �� ^�"�� tl ��,• �,�� r, '� G �7ERT N. �6 � VOL. 77J, PB. Be O.R.O.C.T. r� I � � ! ± �� + ; +� n �� 9 ' I' � . w v � ,�� , , � , ; ti .� � ^� � � t � a:" i �� ...�J� , ,. i � � �, � , ' ; � � a � ; ~ ; ' � � �� J',',,� � W l `' � �'� i i i � � a ' ,��'.... � � POINT l OF �F �o � �o � 3 w P�0 � �Z O O a '37'43�"E 8.25' I ��y� e "+ � � �rF �r,a... ��, �,�s a �%� p��. � �� p}� :�, � UNIVERSITY OF NOHTH TEXAS VOL,2B4, PG.60 O,H.O.C.T. �t�t� •21' 57"W 21.32' �� _e�_-r �o� �°ra��T ------r,TP��M..,�. � IYARTA�LE �g 6TH Po,O.W.9 ------JJ.fJ.e__°_ ..,,......._.al./J,�_.._.�____sd7.�J_..__�s__r_ �.__,_.. � .��._ ,�.—.._...� _ .�._,._..� S00 '21 ' 57 "W 48.63' SYSTEM, TEXA58NORTTA7E LANE COORD � � � � TH AMERICAN DATUM P INATE H CENTRAL. BEARING I5 OR � OF51983F � P13-USE-1 BEING A 602 SQ.FT./0.02 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT N0. 56 DENTON COUNTY, TEXAS a� � . � � �� J� �b« �� .�d. GRAPHIC SCALE !'�100' 0 a�ti !00 150 DATE: SEPTEMBER 2011 �/oenton/Pi3-u5t-� Page 2 of 3 PARCEL 13-USE-1 LEGAL DESCRIPTION UYILITY & SLOPE EASEMENT BEING a 0.02 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Tract 17, as conveyed to James B. Harrell Jr., as recorded in Volurne 946, Page 828, Deed Records, Denton Counry, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of Tracts 13, 14 as conveyed to Bettye L. Martin as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 88°13'S4" West, along said existing west right-of-way line, a distance of 9.80 feet to a point, said point being in the south line of said Tracts 13, 14, and being the northeast corner of Lot 1, Block A, as recorded in. Cabinet W, Page 811, Plat Records, Denton County, Texas, being a common line; THENCE South 00°07'45" East, leaving said common line and along said existing west right-of- way 1ine, a distance of 232.17 feet to a point for the POINT OF BEGINNING, said point being in the north line of said Tract 17, and being the southeast corner of Lot 3, B1ock A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas, being a common line; THENCE North 88°37'43" East, along said common line, a distance of 8.25 feet to a point for corner, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 00°21'S7" West, leaving said common line and along said proposed west right- of-way line, a distance of 21.32 feet to a point for corner; THENCE South 03°13'42" West, continuing along said proposed west right-of-way line, a distance of 30.04 feet to a point for corner; THENCE South 00°21'S7" West, continuing along said proposed west right-of-way line, a distance of 48.63 feet to a point for corner, said point being in the south line of said Tract 17 and north line of Tract 19 as conveyed to Scott Brown as recorded in Instrument No. 97-R0047097, Deed Records, Denton County, Texas, being a common line; THENCE South 88°37'43" West, leaving said proposed west right-of-way line and along said common line a distance of 8.00 feet to a point for corner; THENCE North 00°21'S7" East, leaving said common line, a distance of 49.07 feet to a point for corner; Page 3 of 3 THENCE North 03°13'42" East, a distance of30.04 £eet to a point for corner; THENCE North 00°19'25" West, a distance of 20.$7 feet to the POINT OF BEGINNING and CONTAINING 802 square feet, 0.02 acres of land, more or less. v� Doc-62422 **** Electronically Filed Document **�""` Denton County Juli Luke County Clerk � � �, , ,, �' i �� l' ' �' /% '! �! � %��'� Document Number: 2015-62422 Recorded As : ERX-EASEMENT Recorded On: Recorded At: Number of Pages: Recording Fee: Parties: Receipt Number: Processed By: June 08, 2015 04:23:35 pm 7 $50.00 Direct- BRISKEY HARRELL SYLVIA RUTH Indirect- 1298222 Terri Bair �'*""'*"""***** THIS PAGE IS PART OF TME INSTRUMENT'`''�'**"****"* Any provlslon herein which restricts the Sale, Rental or use of the descrlbed REAL PROPERTY because of oolor or race is invalid and unenforceable under federal law. w�+• rH� arwT� or rew►ay �,�+�jG'.,7�.�T�7'"� COUNTY OF DBNTONj �'� i kexLy certfl7 tl�R thk I�Cau�t w�s RIL¢D 1� IYe Plle Nu�6ar saqrmca ow tie d�tdtl�e pri�ead �eray �nd ws dW� RECORDiD in the DMaiJ R.aoMr d D�elm Comly, iear. � Juli Luke co�ry aa.r ��'�� o.uo. eory� r.:� t'� �'" �wW f P' rr '. i� t� ,. � ,� i' � m,, � ' � f •w� � ' � �J E� � � w , . . . ,, ,. .,..... ,: ,. ,.. ..... � ..,: � , �. ! . .. '�. � .�. � � 1... , `�... .. ,: ' . �., � �. :, . ..., � ��. � ��. � ��... , �� ... �...•�. ,�: ��. , �:.... , �... . �.. ��. , . ��. � , .. ��.. • • � �. � � l� � � � !�� . 1 � , ��.1�� .� ., � � ... , ,: ��..� � .... , � ��:,'. 1�� . ; � �. . ..� � ,. �..... ,: ��. � .. �.��: �.. � ��. � . �: � �. , ,. ��... , �.... .1 � ��.. � �. . . �. �. �: � • � .. , �..... ►� �� ..��: �� , � .. �.:' ♦ : ��.� ♦ 1 Y:1'x. : ! . : �' ' � 1, � , , , KNOW ALL MEN BY THESE PRESENTS: THAT SYLVIA RUTH HARRELL BRISKEY, Independent Administrator of the Estate of James Blake Harrell, Jr., Deceased ("Grantor"), whose mailing address is 4344 Normandy Dallas, Texas 75205, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction, grading and access easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O.S. Brewster, Abstract Number 56, to wit: I � .Z�7'� �1:7111`/ 1-]�.Y�;i ; 1 f►`■ �►:i: ' : ' _� 1 ' !' 1; 1; ' , . ' ' ! ' It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions as may now or hereafter be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under, over and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The City of Denton, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under, over and across said Property for the purpose of access, construction and grading activities or any part thereof. The term of this Temporary Construction, Grading and Access Agreement shall commence on the date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2) years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) December 31, 2017, unless the parties mutually agree in writing to an extension or reduction of such term. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the __�IT_ day of_� _� , 2015. Grantor: � � � �, , .. � �; � � `� �"� �.�� W.�� '° � � �� SYLVIA Rl.�°f"[�C A��RRELL �� '`�.� � ��,�� ,�� ,. � � � � � �...,� �.. ,.., � �.�'� Independent Administrator of the Estate of James Blake Harrell, Jr., Deceased ACKNOWLEDGMENT THE STATE OF �� COUNTY OF _ �� § This instrument was acknowledged before me on '�'"� , 2015 by SYLVIA RUTH HARRELL BRISKEY, Independent Administrator of the Estate of James Blake Harrell, Jr., Deceased � �� ,� � � , � �� f � � � � �� tar�� l ��l�l��. ..°"�,�.n�..m.._ �.: ... � �� "�� State ��:� Texas =� � ,��'" �� ASHLEYKELLY-NORLINQ y � ,��'��y� MYCOMMISSION EXPIRES My commission expires°��'��"�;-��_ _ ;;�� rt�; "• February 6, 2019 �� 2 AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson pAGE �.._F.__ 0 3 17f4 5. BONNIE BRAE TRACT 13, 14 BETTYE L. MARTIN INST. N0. 2D09-76f94 D.R.D.C.T. � � � 0 � � 7 � 1818 S. BONNIE BRAE TRACT 17 JAMES B. HARRELL, JR VOL . 946, PG . B28 O.R.O.C,T. �� j„ �, fi"� � A �� ". �'��i1'�". ��.i� �� .��. � �� s�s° EXHIBIT "A" � �,, � I � ;". � POINT OF 56B 13 �a� ►V-- •� ! " 9 80 " "'";' _ ...m�__. �::__ �� w� �� i � � � � �� . i f8f2 S, BDNNIE BRAE c�'��. "� LOT f BLOCK A "'"r r�` i JD� ABBEY ?� ci i � �� ' � �p�; i 'I `p' . ��, `T . w , .� �._�_� ,�� 1 � � � ' ��...� ... , � . � � � � �Bl6 S. BONNIE BRAE µ m m � LOT 3, BLOCK A � � JUE ABBEY ��. e e.TM �" a � q i, . .. �,. _.., �_-��... W.., _.. �.,�.._. � � , TRACT ]B � N68'46'42"E JYN BLAKE HARRELL, VOL. 3�61, PG. 9BB 9. OO � D.R.D.C.T. _„ µ ,._ ,��""� N00'Pi'57'E � 20.28' — „,,� \ . .�.�._T__.�.._.�.,_. �E�� `�'!"�:� W'_.,. 9.�� \ POINT q'I�" HEGINNING � 7B20-fB22 BONNIE 6RAE TRACT iB BC07T BROXN INST. ND. 97-R0047097 O,p,O.C.T. � �o �� H s o�w � M Q °a.. � '43"E 41' � ' �.� � p � 1 � � ' M•p�� tl � :�� ', � _ _ _. _rr�� ..�.�f�`./a__, ...n...� ..�.�.. ,�. ...�. y � ^�` � n'"� d�Q�� x"� ^'�� P.�; ��r.d, �,�� ,+�;? J �� .��"�� I / �x �� M. �9 6 V01.. 77J� PB. 69 O.II.O.C.T. ��,�� t �� . �r t� y�'d�.. ��''.a�,� s ��"��"�. � a �,;. � � UNIVERSITY OF NORTH TEXAS VOL.284, PG.BO O.R.O.C.T. ��C�'�1�5�'�W`� __�ri�z�a��ia ��ra��r —¢��r,------- M"� ��o��,�l.�� _r.�� -�------ �s.A1�____ '� _.. � �_._,R�pld4�1� �# �f7�IN FS SY � � M..�__ �.�, r ' � �' _ ..... � �...P ,'�_:�� .. � ° a:��. ; I � a:� �� , t 9' 1 "Y ti , I." �........ ry ` � r y X ,i � � ,.m . i� r' i � ,��. • 4�.._. � � i wa � _ ', w � w � r ` �y P '', ti N, i � li � � X � d � J � 1 ,,,,,',. � � I eM � k." � l � � � dr I � SYSTEMOF BEARING I5 NORTH AMERICAN DATU W OF 1983 (NAD-83) STATE PLANE COOROINATEM TEXAS NORTH CENTRAL P 13-TCE-1 BEING A 182 SQ.FT.�0.00 ACRE TEMPORARY CONST UCTION EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT N0. 56 DENTON COUNTY, TEXAS coN°s� �i� �� aa �� '��e�� dCJ "�17C� M"A�M� �FI1V�,� '�4;.Ni�'. li4t� ARLINi� 'If4A{d, � 7Vq�11'4 ��dY l�MtN��'R� �ere u�r�a r��y��rzl+��.� � $ ��tas�»»r� GRAPHIC SCALE f'-500" 0 50 100 �m 15 0 DA7E: SEPTEMBER 2011 ��uenioniri�-icc-� Page 2 of 3 PARCEL 13-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 182 square foot tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Tract 17, as conveyed to James B. Harrell Jr., as recorded in Volume 946, Page 828, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of Tracts 13, 14 as conveyed to Bettye L. Martin as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 88°13'S4" West, along said existing west right-of-way line, a distance of 9.80 feet to a point, said point being in the south line of said Tracts 13, 14, and being the northeast corner of Lot 1, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas, being a common line; THENCE South 00°07'45" East, leaving said common line and along said existing west right of-way line, a distance of 232.17 feet to a point, said point being in the north line of said Tract 17, and being the southeast corner of Lot 3, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas, being a common line; THENCE North 88°37'43" East, along said common line, a distance of 19.41 feet to a point, said point being the northeast corner of said Tract 17, and being in the existing west right-of-way line of said Bonnie Brae Street; THENCE South 01°22'17" East, along said existing west right-of-way line, a distance of 99,85 feet to a point, said point being the southeast corner of said Tract 17, and being in the north line of Tract 19 as conveyed to Scott Brown as recorded in Instrument No. 97- R0047097, Deed Records, Denton County, Texas, being a common line; THENCE South 88°37'43" West, leaving said existing west right-of-way line, and along said common line, a distance of 23.69 feet to a point for the POINT Of BEGINNING; THENCE South 88°37'43" West, along said common line, a distance of 9.00 feet to a point for corner; THENCE North 00°21'S7" East, leaving said common 1ine, a distance of 20.28 feet to a point for corner; THENCE North 88°46'42" East, a distance of 9.00 feet to a point for corner; Page 3 of 3 THENCE South 00°21'S7" West, a distance of 20.26 feet to the POINT OF BEGTNNING and CONTAINING 182 square feet, 0.00 acres of land, more or less. n5��- ---- Doc-62423 **** Electronically Filed Document �""`** Denton County Juli Luke County Clerk �/� r�! %l. ° � � i ��'�� Oj �%o /� � , Document Number: 20'15-62423 Recorded As : ERX-EASEMENT Recorded On: Recorded At: Number of Pages: Recording Fee: Partiesw Receipt Number: Processed By: June 08, 2015 04:24:13 pm 7 $50.00 Direct- BRISKEY HARRELL SYLVIA RUTH Ind irect- 1298222 Terri Bair **"*'""'"'*"**" THIS PAGE IS PART OF TME INSTRUMENT'`**�"***'""''* Any provlslon herein which restricts the Sale, Rental or use of the descrlbed REAL PROPERTY because of color or race is invalid and unenforceable under federal law. . .�:. ��.�°��. w �� . � .. . ., � '. �� .�� .. . �� TH� 6TA7E UF TEXAE} COUNTY OF DENTONj � h�+ehy ceetll� �F�t tL& i�st�ut w�s RILED 1� I�a Fdo Nu�bar �aq��w ow IYe dtlt/lhe prw�ed leron, �nd ws dul� RECOR�ED in tl.e Olfiaid fi�aaMr d O�elm Coo�ty, Tnr. Juli Luke Cowly clerk D�nto� Corey, T�=as WFG National Title Company� u Wi]]iston Fioanciul Group comp¢ny June 16, 2015 City of Denton, Texas LuAnne Oldham 901-A Texas Street Denton , TX 76209 3165 South Carrier Pkwy Grand Prairie, TX 75052 Phone (972) 206-7470 Fax (972) 262-6407 GF No.: 704-32884 Payee ID: 27-0890944 Rep: Elizabeth C. Bobo Property: CITY OF DENTON, BONNIE BRAE ST, VINTAGE BLVD TO IH 35E, PARCEL 13, 13USE & 13TCE POLICY In connection with the above referenced parcel, enclosed are the following documents: 1. Original Owner Title Policy No. 5025548-0016760e 2. Original recorded Special Warranty Deed, Utility and Slope Easement and Temporary Construction, Grading and Access Easement 3. Certified copy of Special Warranty Deed, Utility and Slope Easement and Temporary Construction, Grading and Access Easement 4. 2 Original Closing Statements 5. Electronic Filing Invoice 6. Invoice for attorney fees, if applicable I included both the Exhibit "A" and the language I normally insert in the Policy that identifies the conveyance document. If you should have any questions or concerns regarding this matter, please do not hesitate to contact our office. �incerely, � � .�� , .� �,�.�, �� .� � � � �ron Cotnoir � �� Branch Manager, Transportati�r� (�pvr�i�rr PSS ^'^ E R,�q Owner's Policy of Title Insurance (T-1) 4 'y. . . ...m. F"IfStAfll@1IC81I iilt%M �' issueoev .�........m _�m � LL� First American Title Insurance Company �W r1 �� S P O � I C�/ �m5025548-001...�. ._ _...... _. � POLICY NUMBER e r 6760e 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 Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from; (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. (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. Firsf American Title Insurance Company ��"� �� Dennis J. Gilmore President � �' � Jeffrey S. Robinson Secretary (This Policy is valid only when Schedules A and B are attached) Form 5025548 (7-1-14) Page 1 of 6 For Reference:, File #: 704-32884 Issued Bv: WFG National Title Company 3165 South Carrier Parkway Grand Prairie, TX 75052 �� M �_��'�� A�� i�� Coun�� a � � ��re ��.. This jacket was created electronically and constitutes an original document TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas Policy # : 5025548-0016760e 5. 6. 7, 8. 9. 10 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 Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a 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 included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. 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, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision 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 to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Form 5025548 (7-1-14) Page 2 of 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 Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustainetl 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: (a) 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 ��le �� r ��ssments imposed by governmental a��w�y �r�� cr��a��cJ �r attaching between Date of Policy and t&�� %�: ca� c�cc�r�in� of the deed or other instrument of transfer iq� 4�u� B�u�laNaa� ��rds 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. 1-3-14) Texas u� �mm Im portant Notic m� �.. ..� .�.�. .._ . y� �� e �ry� ��.. FirstAmerican it1eT"' mmm .�� .m .�....._.._ ...w�a�W��w �� . ISSUED BY `'�`` �` First American Title Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may call First American Title Insurance Company's toll-free telephone number for information or to make a complaint at: 1-888-632-1642 You may also write to First American Title Insurance Company at: 1 First American Way Santa Ana, California 92707 You may confact the Texas Department of Insurance to obtain information on companies, coverages, rights or complainfs at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: http://www.tdi.texas.qov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Shou/d you have a dispute concerning your premium or about a claim you shou/d confact First American Title Insurance Company first. If fhe dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This nofice is for information only and does not become a part or condition of the atfached document. Form 50-11265 (5-27-15) Page 1 of 1 AVISO IMPORTANTE Para obtener informacion o para presentar una queja: Usted puede l/amar al numero de te/efono gratuito de Firsf American Title Insurance Company's para informacion o para presentar una queja al: 1-888-632-1642 Usted tambien puede escribir a First American Title Insurance Company: 1 Firsf American Way Santa Ana, California 92707 Usted puede comunicarse con e/ Departamento de Seguros de Texas para obtener informaci6n sobre companias, coberturas, derechos, o quejas a/: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: http://www. tdi. texas. qov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PR/MAS DE SEGUROS O RECLAMAC/ONES: Si tiene una disputa relacionada con su prima de seguro con una reclamacion, usted debe comunicarse con el First American Title Insurance Company primero.. Si la disputa no es resuelta, puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se convierte en parte o en condicidn del documento adjunto. Mandatory Complaint Notice (Rev. 6-1-15) Texas OWNER'S POLICY OF TITLE INSURANCE (Form T-1) Issued by FIRST AMERICAN TITLE INSURANCE COMPANY SCHEDULE A Name and Address of Title Insurance Company: FIRST AMERICAN TITLE INSURANCE COMPANY 1 First American Way, Santa Ana, California 92707 FileNo.: 704-32884 Policy No.: 5025548-0016760e Address for Reference only: CITY OF DENTON, BONNIE BRAE ST, VINTAGE BLVD TO IH 35E, PARCEL 13,13USE & 13TCE, DENTON COUNTY, TEXAS AmountofInsurance: $7,667.00 Date of Policy: June 8, 2015, at 04:24 pm Name of Insured: CITY OF DENTON, TEXAS 2. The estate or interest in the Land that is insured by this policy is: PARCEL 13 ROW: FEE SIMPLE Premium: $238.00 PARCEL 13 USE: NON-EXCLUSIVE EASEMENT ESTATE CREATED BY INSTRUMENT DATED MAY 29, 2015, AND RECORDED IN INSTRUMENT NO. 2015-62422, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. PARCEL 13 TCE: NON-EXCLUSIVE EASEMENT ESTATE CREATED BY INSTRUMENT DATED MAY 29, 2015, AND RECORDED IN INSTRUMENT NO. 2015-62423, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. Title is insured as vested in: CITY OF DENTON, TEXAS Form T-1: Owner's Policy of Title Insurance Page 1 Continuation of Schedule A The land referred to in this policy is described as follows; PARCEL 13 ROW: Pol icy No. 5025548-0016760e BEING A 0.03 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT NO. 56, DENTON COUNTY, TEXAS, AND BEING THE IDENTICAL PROPERTY DESCRIBED IN SPECIAL WARRANTY DEED FROM SYLVIA RUTH HARRELL BRISKEY, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JAMES BLAKE HARRELL, JR., DECEASED TO THE CITY OF DENTON, TEXAS, A TEXAS HOME RULE MUNICIPAL CORPORATION, DATED MAY 29, 2015, FILED JUNE 8, 2015 AND RECORDED IN INSTRUMENT NO. 2015-62421 OF THE DEED RECORDS, DENTON COUNTY, TEXA5, AND BEING THE SAME PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. PARCEL 13 USE: BEING A 0.02 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT NO. 56, DENTON COUNTY, TEXAS, AND ALSO BEING THE IDENTICAL PROPERTY DESCRIBED IN UTILITY AND SLOPE EASEMENT FROM SYLVIA RUTH HARRELL BRISKEY, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JAMES BLAKE HARRELL, JR., DECEASED TO THE CITY OF DENTON, TEXAS, DATED MAY 29, 2015, FILED JUNE 8, 2015 AND RECORDED IN INSTRUMENT NO. 2015-62522 OF THE DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING THE SAME PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. PARCEL 13 TCE: BEING A 182 SQUARE FOOT TRACT OF LAND, MORE OR LESS, SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT NO. 56, DENTON COUNTY, TEXAS, AND ALSO BEING THE IDENTICAL PROPERTY DESCRIBED IN TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT FROM SYLVIA RUTH HARRELL BRISKEY, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF JAMES BLAKE HARRELL, JR., DECEASED, TO THE CITY OF DENTON, TEXAS, DATED MAY 29, 2015, FILED JUNE 8, 2015 AND RECORDED IN INSTRUMENT NO. 2015-62523 OF THE DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING THE SAME PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for information and/or identification purposes and does not override Item 2 of Schedule B hereof. Form T-1: Owner's Policy of Title Insurance Page 2 PAGE ! OF 3 1714 S. BONNIE BRAE TRACT 13 34 BETTYE L. �fARYIN INBT. N0. 200B-76f94 D.R�D,C.T. fi+� � �� V � `A 1818 S. BONNIE BRAE TRACT 17 JAMES B, HARRELL, JR VOL, 946, PG, 82B D,R.D,C.T. {��y^�r � ��a�p�� lBS4 8, BONNIE BRAE LOT 2 BLOCK A J0� ABBEY � i S8B'13' 6A"� . 9.80' ..__.ri lB12 9. HONNIE BRAE — � � ' LO J0� ABBEY A � � � � ��s w� � � � � �� V iBiB S. BONNIE BRAE�� LO JOE ABBEY A NBB'37' 43"E 8.25' W� �s � O d �� o�aa �� ,��,f��i c�. ,. �'37"4:�""E ii. i'�' 2�" ""�� 8ET S/2' I. R. �� TRAC7 iB N/oAI CAa JIM BLAKE HAqREIL ��+��,��"+� ��' VOL. 1181, PG. 32� � O.R.O�C.T. ��N. ��T' Y/F�' I.R� �""� M�'�9�R�.Y. CAP �� ,....,�—° �4�d�'��w,E �°'" 4�.��° m.. �� i „ �.�._�.m_.�...._.�... _ � � � 8ET 1/2' I.H. - ,.,. Y/OAI CAB . � S89i5�68 „W SB20-1B22 BDNNIE BRAE � M ° THACT i9 ` � `� " INST.BNOTT8B7-�R0047097 ' � O�R.D,C.T. � � � ��1. �� ' � o. .$.c,T. p NOTE: SET 1/2" I.R. W/ GAI CAP TO BE SET AT END OF CONSTRUCTION. UNIVERSITY OF NORiH TEXAS VOL.2B4, p0.50 O,R.O.C,T. -�i�1'22' i7"E 99.85' '4...... � � " ` � �� r�� ,. , .. _ (V�R�A�LE �I�17W R,p,W.) SYSTEM TEXAS NORTS ��X� � —,...._� .... ORTH AMERICAN DATUM BASIS OF BEARING ITATE PLANE COOR�INATE I H CENTRAL OF 1983 NAD 83 S P13—ROW—i BEING A 1,360 SQ.FT./0.03 ACRE RIGHT—OF—WAY DEDICATION 5ITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT N0. 56 DENTON COUNTY, TEXAS Gra�c�� r��a��+�� In�. ��'�� '�� r� ��e�� MIJNOTON� 'M�kdAR TkVb11 ��7,i tl+l{F-9'1�3b 1BPE FlRMt �'•µ"I�q�, I�u�T-0 dRP1fi1��t1 __� '- � ORAPHIC $CALE 1'-100' 0 50 100 !60 DATE SEPTEMBER 2011 J/Dentan/P13-FOW-i Page 2 of 3 PARCEL 13-ROW-1 LBGAL DESCRIPTION RIGHT-OF-WAY DEDICATION BEING a 0.03 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Tract 17, as conveyed to James B. Harrell Jr., as recorded in Volume 946, Page 828, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of Tracts 13, 14 as conveyed to Bettye L. Martin as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 88°13'S4" West, along said existing west right-of-way line, a distance of 9.80 feet to a point, said point being in the south line of said Tracts 13, 14, and being the northeast corner of Lot 1, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas, being a common line; THENCE South 00°07'45" East, leaving said common line and along said existing west right-of-way line, a distance of 232.17 feet to a point, said point being in the north line of said Tract 17, and being the southeast corner of Lot 3, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas; THENCE North 88°37'43" East, continuing along said existing west right-of-way line, a distance of.8.25 feet to a set 1/2 inch iron rod with GAI cap for corner, for the POINT OF BEGINNING; THENCE North 88°37'43" East, continuing along said existing west right-of-way line, a distance of 11.15 feet to a point for corner; THENCE South O1°22'17" East, continuing along said existing west right-of-way line, a distance of 99.85 feet to a point far corner, said point being the southeast corner of said Tract 17, and being in the north line of Tract 19 as conveyed to Scott Brown as recorded in Instrument No. 97-R0047097, Deed Records, Denton County, Texas, being a common line; THENCE South 88°37'43" West, leaving said existing west right-of-way line, and along said common line, a distance of 15.68 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 00°21'S7" East, leaving said common line and along said proposed west right-of-way line, a distance of 48.63 feet to a set 1/2 inch iron rod with GAI cap for corner; Page 3 of 3 THENCE North 03°13'42" East, continuing along said proposed west right-of-way line, a distance of 30.04 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 00°21'S7" East, continuing along said proposed west right-of-way line, a distance of 21.32 feet to the PO1NT OF BEGINNING and CONTAINING 1,360 square feet, 0.03 acres of land, more or less. T--� �� «� � � iM � ,� , w �; O �J�15'Z� 12 � PAGE....f��..OF ....3 1714 5. BONNIE BRAE TRACT 13, f4 BETTYE L, HARTIN IN6T. N0. 20DB-76184 D.R.O.C.T. �� { �� R � � � � ieiB S. BONNTE BRAE TRACT 17 JAMES e. HARRELL. JR.. VOL. 946, PG. 828 D.R.D.C.T. ti p�� j.. � ,,��+ � 4 SB14 S. BONNIE BqAE LOT 2 BLOCK A J0� A98EY TRACT SB VOL.Bl15f.HPGpE32� o.a,o.c.T. \ \ �� S88 ' 13' ��.°' W',� 9.80".._ � lB72 5. BONNIE 9RA6 _ �p� LOT f BLOCK A r' J0� ABBEY N N w q v SB76 S. BONNIE BRAETM LOT 3, 6LOCK A JOE ABBEY N00'19'25"W . ... 20.97' NO3'i3' 4�"E°--°��"" 30.OA' � ^��'21 "5�""E �• ..... . ��I% . ,�...� .. � ,.�. � a� � 5a p ; j ',, � d 9; � X � � �� •� � ri� � �� i �� ,ti p� � �*� ' rr , y „�d � ry � � ' �. �,, • y FIA W = �o 6 �� o�P7 Q � N L 0 � OF *�� I.R �'� �a"""��k ;!� �'� �S%, �k•fr� I �y'�4� d�A•R rw.. • �� ,�°;�y�.s UNIVERSITY OF NORTH TEXAS VOL.2B4, PG.60 O,R.D.C.T. ;�h@ 'Q '37' 43 E « ; 8. 25' pi -�...,..-„�....� 5i7�P'21'57"W � 21.32' � ° �,.. � �, .. � , �:� M� �;r "4 �U.U�4' __w��,.._____� �-----------------a'��,._...... � (10D � �T ,eldd�___tVAF8E8c�LE1��7H R,��M 1__---- .,.rdl./ __ _ �-a•. SBB 8 00'3 'W..�,... � I . � ....y ...�.�. ...__ _..__..� __ ._......__ �.._..__. � 4, . d " ' � � � � 1820-fB22 BONNIE BRAE � °, ti TRACT 19 5COTT BRONN � � "� � i INST. N0. 97-H0047097 ��+� � O.R.D.C.T. �I ..........�., i p� � � r�" i � ...__�. ,,,,,....._.....�..._.�..,.....r_�..,.,...._.�.... .;�. i ��,� � _.e./�.f�� e � . ...a�" ., L... _�.._ �.m. ._._. „�... � ....... ...� _,�. ,�._ . �� ..�.... � � X.,..,� L ,.. '�a��6�D I �', , i � 1 � �%, 4�7° I , � � ��"��a 0 � ' �si .r��'� � � � �ca^ �,�?"�� C � " � d'.a' �+, , + , 9EANICE K. JONEB C I.'... •J��. ,'' � � VO�L.� 773. P6�63 I' �>'�... "��., � O.N.D.G.T. a�'� � � � � � I �t � ��'21' 57"W 48.63' � ........�....,.��.....�m SY5TEM,FTEXASINOqTS NORTH AMERICAN DATUM OF 1983 (NAD—B3) STATE PLANE COORDINATE H CENTRAL � P13-USE-i BEING A 802 SQ.FT./0.02 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE 0.5. BREWSTER SURVEY, AB5TRACT N0. 56 DENTON COUNTY, TEXAS U`" �� K � � .�� M.�� P �� ,�;�,� , ,m �, � GRAPHIC SCALE f'-f00" � 0 50 !00 �m�150 DATE: SEPTEMBER 2011 u�uo�iwii/ria-va�-i Page 2 of 3 PARCEL 13-USE-1 LEGAL DESCRIPTION UYILITY & SLOPE EASEMENT BEING a 0,02 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Tract 17, as conveyed to James B. Harrell Jr., as recorded in Volume 946, Page 828, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of Tracts 13, 14 as conveyed to Bettye L. Martin as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 88°13'S4" West, along said existing west right-of-way line, a distance of 9.80 feet to a point, said point being in the south line of said Tracts 13, 14, and being the northeast corner of Lot 1, Block A, as recorded in. Cabinet W, Page 811, Plat Records, Denton County, Texas, being a cornmon line; THENCE South 00°07'45" East, leaving said common line and along said existing west right-of- way line, a distance of 232.17 feet to a point for the POINT OF BEGINNING, said point beirng in tb.e north line of said Tract 17, and being the soutlieast corner of Lot 3, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas, being a common line; THENCE North 88°37'43" East, along said common line, a distance of 8.25 feet to a point for corner, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 00°21'S7" West, leaving said common line and along said proposed west right- of-way line, a distance of 21.32 feet to a point for corner; THENCE South 03°13'42" West, continuing along said proposed west right-of-way line, a distance of 30.04 feet to a point for corner; THENCE South 00°21'S7" West, continuing along said proposed west right-of-way line, a distance of 48.63 feet to a point for corner, said point being in the south line of said Tract 17 and north line of Tract 19 as conveyed to Scott Brown as recorded in Instrument No. 97-R0047097, Deed Records, Denton County, Texas, being a common line; THENCE South 88°37'43" West, leaving said proposed west right-of-way line and along said common line a distance of 8.00 feet to a point for corner; THENCE North 00°21'S7" East, leaving said common line, a distance of 49.07 feet to a point for corner; Page 3 of 3 THENCE North 03°13'42" East, a distance of 30.04 feet to a point for corner; THENCE North 00°19'25" West, a distance of 20.87 feet to the POINT OF BEGINNING and CONTAINING 802 square feet, 0.02 acres of land, more or less. v� - � PAGE 1 OF 3 � 1 O '�� 0 � � 7 � � 1714 S. BONHIE 9RAE TRAGT 13, 74 BETTYE L. MARTIN INST DNR.O?C T 7Bf94� .: � �� l"'",��„v �".�°},�� . � � ��;�.� f�. � 1814 S. BONNIE BHAE � LO7 2, BLOCK A JOE ABBEY �� 1818 S. BONNTE BRAE TRACT 17 JAMES B. HARRELL, JR. VDL . 946, PG . 828 D.R.D.C.T. 1 k.� 1 1 p 1 t ��w��'�a��r_ � " , ��p` Wi W.....�....�... ..,.,,....._f---�... �4 Y M � � t � H f6f2 S. BONNIE BRAE �� `" x' LOT f BLOCK A `^"" �= r JU� ABBEY � � + � �� N � � � �� .� � �w SB]6 5. BONNIE BRAE LOT 3, BLOCK A JOE ABBEY TRACT !9 � NBB �4G � 42 � E VOL.B7�61, HPGp�32� 9. 00 � O.R.D.C.T. _�..� � �.��. .��-- N00 21 ' 57 E � 20 . 26 -� \_.�_„m� .� .iE��'37"43"1�_..� 9.00' ` POIIVT OF HBGINNING � 1B20—f822 BONNIE BRAE TRACT 19 SCO7T BRONN IN5T. N0. 97—R0047097 O.R.D.C.T. _ .._ ____rr/�I� . ._ ..:w.�1 /1.�.,.. —P� ..�. , ...�.. w��.,. � � � ""' � � �� "��`,�'�� ;�°��"� � ��e��r d � � �W �:�� A SL'pNICC K JOME9 Y IIDBERT �. .10lE6 V01. 773, PG. 63 G.R.O.C.T. w t� o � �� n � � > � e�, 4 " � v n x �w i . w ��h��°l' OF �FND iy�'�•:, S� �S �o � � N : o� wi � H O� a °�w � p�l�� "43"E �1' a^�w ��;w 5��-0'':�: �b�p ,�Y �,. ��: � � �� L an�,,,, .��: � UNIVERSITY OF NORTH TEXAS VOL.2B4, PG.50 U.R.O.C.T. i � i , � � �..—�. �_�...._....,�..a.,�_ � � ��Ar�a�nt�C'�nl��p�� . �� ._... ...... . _. , .. Q ��' �. »�� 9� � ��' ��1.�P'lr ��'... .._ . _.__,,... ad.P'�P..re ._.. __.._LL .a. _ ,° � ....._. �.... �.....�Y.�.�... ° �,�..�._�. X�.: ,�� •; � �:�~ Y� � �:� �� , , K � i � i i �„ i i �` ' i� � � r" � i �L.,,,,, �a' 1 � ^yw� � ' � �� Yti 1 i I i e � r ti � , � , , , � ; , J � � � � 1 l„ � ti� i � i � �i i TH CENTRALMERICAN SYS7EM. TEXAS�NOR � BASIS OF BEA DATUM OF 1983 (NAD—B3) S7ATE PLANE COORDINATE P13-TCE-1 BEING A 182 SQ.FT./0.00 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE O.S. BREWSTER 5URVEY, ABSTRACT N0. 56 DENTON COUNTY, TEXAS ^ �r��m ��i�at+�� . �p�SULT��t� F.`�N�I�I��4� d� I�I.�N�E�C� � e�r s�x �a� r:��w�� ur'�� ra�y�a�rs�raw � a�a^� �� a � �r�u� w—�r�� vs�-a� ORAPHIC SCAIE 7'-l00' 0 50 ��G� f50 DATE: SEpTEMBER 2011 ,,.�o��".�„�.., �..� . Page 2 of 3 PARCEL 13-TCE-1 LEGAI. DESCRTPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 182 square foot tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Tract 17, as conveyed to James B. Harrell Jr., as recorded in Volume 946, Page 828, Deec� Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of Tracts 13, 14 as conveyed to Bettye L. Martin as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 88°13'S4" West, along said existing west right-of-way line, a distance of 9.80 feet to a point, said point being in the south line of said Tracts 13, 14, and being the northeast corner of Lot l, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas, being a common line; THENCE South 00°07'45" East, leaving said common line and along said existing west right of-way line, a distance of 232.17 feet to a point, said point being in the north line of said Tract 17, and being the southeast corner of Lot 3, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton County, Texas, being a corrunon line; THENCE North 88°37'43" East, along said common line, a distance of 19.41 feet to a point, said point being the northeast corner of said Tract 17, and being in the existing west right-of-way line of said Boz�nie Brae Street; THENCE South O1°22'17" East, along said existing west right-of-way line, a distance of 99.85 feet to a point, said point being the southeast corner of said Tract 17, and being in the north line of Tract 19 as conveyed to Scott Brown as recorded in Instrument No, 97- R0047097, Deed Records, Denton County, Texas, being a common line; THENCE South 88°37'43" West, leaving said existing west right-of-way 1ine, and along said common line, a distance of 23.69 feet to a point for the POINT Of BEGINNING; THENCE South 88°37'43" West, along said common line, a distance of 9.00 feet to a point for corner; THENCE North 00°21'S7" East, leaving said common line, a distance of 20.28 feet to a point for corner; THENCE North 88°46'42" East, a distance of 9.00 feet to a point for corner; Page 3 of 3 THENCE South 00°21'S7" West, a distance of 20.26 feet to the POINT OF BEGINNING and CONTAINING 182 squa�re feet, 0.00 acres of land, more or less. �c-•J��- �--- OWNER'S POLICY OF TITLE INSURANCE (Form T-1) Issued by FIRST AMERICAN TITLE INSURANCE COMPANY SCHEDULE B FileNo.: 704-32884 PolicyNo.: 5025548-0016760e EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses} that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception}: ITEM 1 OF SCHEDULE B IS HEREBY DELETED IN ITS ENTIRETY. 2, Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachrnents or protrusions, or any overlapping of improvements. 3. Homestead ar community property or survivorship rights, if any, of any spouse of any Insured. 4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities, (a} to tidelands, or lands comprising the shores or beds of navigahle or perennial rivers and streams, lakes, hays, gulfs or oceans,or (b} to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or (c} to filled-in lands, or artificial islands, or (d) to statutory water rights, including riparian rights, or (e) to the area extending from the line of inean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. All standby fees, taxes and assessments by any taxing authority, current and delinquent. The following matters and all terms of the documents creating or offering evidence of the matters (The Coinpany must insert matters or delete this exception}.: (a) Easement executed by MILTON W. ABBEY to TEXAS POWER & LIGHT COMPANY, tiled July 21, 1948, recorded in/under Volume 342, Page 38, of the County Clerk's Official Records of Denton County, Texas. (b) 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. (c) Oil, gas, and sulphur as provided in deed recorded in Instrument Number 2015-62421, of the Deed Records, Denton County, Texas. Form T-1: Owner's Policy of Title Insurance Page 3 Continuation of Schedule B PolicyNo. 5025548-0016760e (d) All oil, gas and sulphur leasehold interest and/or other mineral interests, as affected by Instrument Number 2015-62421, recorded in Deed Records, Denton County, Texas. (e) Section 14 of the Conditions and Stipulations of this Policy is hereby deleted. (fj Terms, conditions and provisions of that certain non-exclusive easement pursuant to Utility and Slope Easement from Sylvia Ruth Harrell Briskey, Independent Administrator of the Estate of James Blake Harrell, Jr., Deceased to the City of Denton, dated May 29, 2015, �led June 8, 2015 and recorded in Document Number 2015-62422 of the Deed Records, Denton County, Texas. (Easement Estate) (g) Terms, conditions and provisions of that certain non-exclusive easement pursuant to Temporary Construction, Grading and Access Easement from Sylvia Ruth Harrell Briskey, Independent Administrator of the Estate of James Blake Harrell, Jr., Deceased to the City of Denton, Texas, dated May 29, 2015, filed June 8, 2015 and recorded in Document Number 2015-62423 of the Deed Records, Denton County, Texas. (Easement Estate) Countersigned WFG National Title Company BY�� ..� �-� m � pz��7cz��ai �k�,�ri° t��"� �� . Form T-1: Owner's Policy of Title Insurance Page 4 1. Policy # : 5025548-0016760e 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 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": the date designated as "Date of Policy" in Schedule A. (c) "Entity": a corporation, partnership, trust, limited liability company or other similar legal entity, (d) "Insured": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (1) If the stock, shares, memberships, or other equity interests of the grantee are wholly- owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": an Insured claiming loss or damage. (fl "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. Form 5025548 (7-1-14) 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 Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": the estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE, The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions; (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges 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 insurance without exception for the lien, TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas Policy # : 5025548-0016760e 4. 5. 6, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. 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 stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, CONDITIONS (Continued) obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured, If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (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 Insuretl Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant, (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Form 5025548 (7-1-14) Page 4 of 6 TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14� Texas Policy # : 5025548-0016760e 8. 9. 10. Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 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. 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. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11 12 13. 14. 15. CONDITIONS (Continued) LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 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 UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (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 adtlress 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 consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. Form 5025548 (7-1-14) Page 5 of 6� TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas Policy # : 5025548-0016760e (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalizetl in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY, In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, and all other provisions shall remain in full force and effect. Form 5025548 (7-1-14) Page 6 of 6 17 18. CONDITIONS (Continued) CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 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. TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14) Texas GFNo. 704-32884 FIRST AMERICAN TITLE INSURANCE COMPANY Owner's Policy No.: 5025548-0016760e Premium Amount Rate Rules Property County Liability Policy Date Type Code 1 2 3 4 5 6 7 8 $238.00 1000 12 121 $7,667.00 06/08/2015 a.. Settlement Statement U.S. Deparhnent of Houaing and Urban Development �,..�.,,.._��mm�,� . ._ �._�.� �......�� .�........�.....,,� B.'1 wa� a�f Loan �.�.� � � _ 7. � Cash Sal � �v �6��+ � 4. � VA S. , m-��iber 7, L.oan Nurober E. 1� 1'6�r6 '�" CS Gkd�� 3. � Conv Unins 6. File 6. ❑SallerFin 704•32664 e. C.'F�Mrire� This fo�m sta �rarmr"�r�h� [o �Rw'c You a stetement of rAUAemI �u�n¢tluiw�a^eeq cosls. Amounts peid lo aaaoal Bay 0 " v, x, °. ' wa�rra ��Cm�d�r t1er. �la��dn�, r9�� xrc a��u�r ra I�eMru, �`�yt dnti`wa��, � ��Il��kiaal g7GRr+nmea �aurE �rt� rocaa� A. M7na�� k& Addreas �i6aS«�rav.uu�v�r �'� i�. Name �. �t�NrJua�ra �h�S�pl�+c ""�' @: CI7'Y OF DENTON, TE%AS SYLVIA RUTH HARRELL BRI3KEY, es 901-A Te:as Slreet Independent Adminiatrator of tAe Fatale of REAL EBTATE ANA CAPITAL BUPPORT JA,MES BI.AKE HARRELL, JR., Decease� Denlan , TX 76209 do John F Wflliam�, Jr., P.C. 3068 W Pleno ParkwAy, Svlte 300 I°��m�t„ 7'X 75093 D.03, 0.02 ACRE, 0.9. BREWSTER SURVEY, AB3TRACT N. 56, DENTbN TX CITY OP DL7VTON, BONNIE $RAE ST, VINTAGE BLVD TO 1H 35E, PARCEL 13, 13USB & 13TCE DBNTON�TX OMB No. 2502-0265 8. Mortgage 9'n�6 tttw�e� agent aze shown. itema e iuMUIly�,. 9n �zr� u�' i.e i�yulu^z� �� . �istrel�u�i�rut �a„Csr.n�'��uz�ua - WFG Nallonal 1'lfle Campany 3163 Sooth Carrler Pkwy Grend Prairfq T7( 75052 Tpz ID: 27-OB90944 Und¢rwritten By; WFG NatSonal Tltle Insurance Company Pl�ce �� ;yiva�0�aon�^e�! � 7 4� tdl�raxrara�� Date WFG Nalional Tltle Company 31653outhCarrl¢rPkwy p�� Crand Pralrle, TX 75052 ._....�,.�.� �_�.�...�_�� _.� �� _...,,._ Y�f�a�rrap�+aa�°dl.mwr�w�mc8am _..._..�aximn,r±rmLiw,li�M'm Fr��r��llr�� J.. u�r�au,mr - ----m ..,..m�... T..� __..m.-�w.�.. R 4u....m...�...,..�..._..��..._�.,.,.��.m.m..... . lOQ. f;pwsn� Amount Due from Borrower �� etlP,t4F. Gro�s Artwunl bue to +�ci11'.w�° �.«��..�..�. .�..�.... .. ...... .,� ..._.. ..�...,, �:��.m....mm....�... �_m.�_...�.. 1��1Y. �:t�rrde�Mr�p4�I�saPrice �_ . g^�{��^�,�kp 401. ContractSaleaPrice w'7,��'7'.�Cli .....� -__m_.�.�_...�...... ..._._...�.. � m .___ 102. Personalk�ok�r�p�r � .�� 402, m'��r��ob�r9l�r��G��rrt � �--- �.�.�.�.�...... .._.._ __......_,„ ,w...�. .�.......�..,,.�...,,.._..�... 103. Senlcmeml f"d�rca�ns to hraruara+�tr S�ft.7;! 403. ��. _�...�......�.� _ _.�....... .- - ..,..... __..�_ .__ ��.�__�... taa. qpa. �.�....,._ . �.._ ��.p.... •-.-.�,..�.�..�..�� _....�._��.�..,_��____.��-- ._- I OA 405, �e6prusra�rdawa� for ilema� 106�4;;;r�n u�+x� tmnt� 107� �"�noeu.y pr�e,r�caTy C�ir��,� 108, � s��tisdareaati Tazcs 109 Sslarr�rR 0 �i�k.�. . �� I ] 0. Other Taxes 112. t 9'S. 200. Amountc Pald �1�� 1:'Mr �;t. 201 I:�� wm�YR r,rP' cs�o�au^st pw�areerme 202. 'f"c'�ncipal amount of new 203 li��aai�ag0�aea(� �aka�� 204. Loen Amounl �"�r 2nd I'vtl't 205. �.��.�� 206,�� 2nT. .� �.��. zoe. 209, 210. r"w"dty propeAy taxes '702. G.;tin�aad�:.�rYpseui�^v,�r,...laxes 1�;E_ Ms�s�srro¢�uG �'re�� 213. ,ti��gppc��p0 Taxos__��e..,...., �214 d�lrosa^r "�'tyx� . � 215. Otha ��troxe� 21 G. �� tl P, �..._�� 218.��.ss�,_ 219. � .��4 �3A.'�'d,rota�k Ir�ial l�w/�'aw [Er�� z�t�r a� u��w�mc+� to aeller for ltems qwu�&r� In,y ��ep��r prr w:�MY�ia�ar 407. County property laxes 408.�Assassment Taxes 409. School Taxes 410. Olher Twces 41 I OlheY lexc3 .��.� 412, A13. � 414'�� 415. �� 416.��.... � "SIIR}. Rrrcp...ua;�'durawt In Amounl llue ta K;`�r�G�nr� ��.....m�.�...,_...,.�..M.,,,.,..,,,� -��.,„ SOI. Ezcas ��sr,a�a .� .�_..� ��..._......�,,.m.. �. _ 502. Settlemant Chargae to Sellc (lina 140 503 E�isling I,onn(s) 7'aken Subjeet to � 504. Payofl'of firsl mongeqe loan �� SOS. Payofiof exond moMgage loan � 506. 2015 Proroted Texas Uuv 6/81J35301 . __w�... 507. .. �...�.. _.__�..�. � �.....�. soa. 509. ..._..�.� __...._..�.�..- wAa��,ti�Mzaa�a�n�s for Items e .. . .. ..�...., . -��...�...�.� S I O�Cily pro eAp taxes 511. County propaty ta; 512. Assossrornl Taxes 513. School Taxes�� .��,,.�..m_.� 514. OtLer Taxes ��M- 515. Othertaxes 516. � 517. � S 16T�� ,�._ 519. �Ct(1, �`wwla A&:SukYNrnncwst l�rmvrm�t"�"n Borrower� dr�tl„ Caah At SetllementTo/From Seller 301. l}ross Amount due �"ruarx �+nasrwrw�a de�er� d��N� � � _.�8„d?d7�73 ' k�w� � �;av��a� r�ez�aN�rri� due 9�r srJler �aim� ��,v... .. . . �. �..�.�.,r,6di (��1 302 Less amounls pari�G b�4'raa &��msrwv� �line 220) � SO 00 � 602 L.ess rti�d��ul�r.mW� in amt m9ai�° aaskfaa;ldn� �,Y,C�Y 53830 303 $'��Mp Froue 1�YS��p7n�w r�� ti� �r�8 y'� �� 603 Caeh To Seller �� *�7,1'e7.d4,Tkp� Saranitaiti 5 of ILe ,F�xrmB l�repspCa: '�s�PGl�ae7pu�p R'"rtm:nw�ua�:rr �b+,a CB��i9'AP require.a��he Sr�.Mi�a�u �4[up urV' G�9aST^'A man�Y��uti.� PNrvaet fI1107 alydcla�rs end p,rm�Mrlkrn lhis �vGaaaninr�fi fillowing: • HUD muel dovebp e Speclal lnlbrtuatlon Booklcl ro help peraons Inurai Y�sk�:uemca9mPS1��ldcasr�c+Cl�a�nWevWNVnar+Mw[uro��.�rtrrnulr.�udl�liy��,lisrrc�ar�<uP��u�1+��1��w.typ,�:� borrowing monq 10 financa lhe purchese of rasidenliel real aslale lo betler {�tt��yyuwy�g r.t�ryxrwr mlau lm�,'rra'��xrr mrau4 �raWli�+a� 'R1a<.wu'r tt�rt� �h&ruk pnr�ul'y r,illw�,fltia�aaca�w� 14Y�k nrur undersland llfe nelure 8nd cos�a oCreel eelele settlement smvices; slci6i�ervra9 qrcr grntrvv�adw� tBa� �rPn'�ffiu'c�a Mv4i,pt. ryw;rqlim�.;n4 laad��umi�ntpr�iur al��rirap Glrc �muy�tlrra�erempf • Each lender mu91 provide Ihe bookln to ell epplieams Prom �ehom it recelves or fbr paa��^.ap�:n Iru r�rtUc�r �� 1�� au 4am�P�mu �udwa,�prc^r. � wNom il prepares a written applicelion w bortow mouey lo finance �he purchase of '�An� N'r1,w�Y"r� l��sy+,�rtoun� ,�iu��oaG�arp lar t�Cti�iat eiwllxmtl'dq�.ro aai I�M6e�ue��np.��aai hra cxrlxn�qa;�Y 1aa rasiden�lsl real es�eie; • L,mders must prepere end dishibu�e with the Booklet a averege one hovr per response, includine ihe lime fbr reviewing insltvciions Good Faith Estimate of the settlemrnl costs Ihel �he bortower is likely io ineur in carohing erzisiing daia sources, gathering and main�eioing Ihe data needed, end connecUOn wilh �he satlemrnl. 7Lae discloaura are mandalory, completing end reviewing �ho colloclion of infortnaiion. 1'hle agency may nol collecl this informelion, end you ere no� required to complete lAis form, unlcss il display6 a eurrently valid OM6 control number. .--.,�.....,....,..„,.m. _,.,.,. .,., . . ...._ "Y`pry� dotidneoeiakCfawar�ra� ur Rr�adw7uroe�� n�tl Ic�MSSip�C.lf tsnu+�uuatl�.l�rriu�ItY . �;,,,�� :.�.. �..�.,.,...��_......_...m. �'r'rreMr'�yGy�:dd9ie'iarS�Att�.59rtiro6cCp Pagel � CormHUp-1(1/86) Mandbook 4305.2 Pite Ido. 704-32884 e�. ... m. .�._.. L.Settlemen[fl�ra��r�aw ,........-..a...-......,�, ......... ,....,�.- ......- ......- �...� ' . . __ ,,. . ..... �, �. Division ofComeru� ed on ptrJ�..n ... $0.00 � ,�T�, tal SaleaBroker e Commissfon bas � . _ � � ' as fo➢tows i1 ..,_ _,. ...��sion iunw 1�.....� . _._ .. ... .,,._ . 70L Gri � .....__ .. _ .... . . ...._-..,,� _..�. � 702 m...,-_. ... ,_ �m....... 40 709. Co-,__m__... .-__�_....- �_....-. -..,.�.��.....-�_ ... -. , , ,...- _. xnnussion Pa9d at Settfeanent 704. �.�.. __ .�...�_ � .. _... �. ....,�_.... ... _w � _ � The taulCu7rv6ntb F��+�� %nns or Eo � .� �._ �.. � _. mm A._- ...... prc eceeved e �uatiunai _to .... �..-._,� __.�..�..�... 706. af4heItwlFst� mW��IT�� ..... .....""� ". 5. �,��r rrdud��¢��r�rer eke con�mission emoun4 40 �.�... _.��._... .�,......._........�.....�._ ,.....�....,� .....�-�._..�.._ .. .. ..,. 707. shown abave: �a 900. P�r��n� Namye�N��r±in d� �rn��wmetVaren wlth Loan m�.W.. � _. _.�,_,�...._ � -�_.......-....�_.. _.._ 801. Laan �Yrr �ru�u9' � � F"ee �� to iara� �,�..� _�,�..� _ �._...�._ _ .._�_..��..... .. 802. L.oan 1�R:�r:rauirtit ^J. 40 ��.....� .�.._...�_�,. ..�...�....... . . . .._..�..,..,�„�.�.�,.. ......-_�,.._. ..._...�,..�, .. _ . , .�...__ 803. �„�g�ra��m&Fee eo �......�.. _.. , 804. Csed�t 1lc�asxc�... &� �� "-- �"°°..,,,' -- ..�.�.�_. ..W.W.-�.......... .�_.. �,�_�,�,.. 805, dea's Srm+��r�.stlu�ry �+�e tQ " ...." 606 �h�i�rr#�;rey��Ins oeAp��i�a�tt4cvru � to �.....��.... ..W�m�� . ... „��...._. �07 ,�r��5��u��r7dd��MaF�c� to 900. lqur�r�� tl��rp�a�rrad Na�� i�arrrlra� To Be Peid in rAi9+��p��wc��w � � �.m_W�. �i�!;�b/a9ruy..,_..,�.e_....�....,.��.m��_ �, 901. [nt�d�B &o� ��N � �....�....�....� _ .�� ...._��..�..�_ ..m 902. ��9crrtl,�e��: Insueance Premium Poa moesths to .. ..�...�.�M.._.�....� _... 903. kY�zt�vd l�rmierayvua^,r.9 r�iret�sr� for y�azR�� to 1000. iZesec wn�a �Sipauiln�� 11+i�1s Lender .�.�. .. _..�.�_.. .. �.. i00i. Hazerd iasnranoe nron4hs (rur �� rrs�w monfl .�..... . �... �_.� ��„ 1002. laom�waer s ansur�nce �asg}i9 ��ti """"'""°` � .,..�. �.. ..� :: �rR�'montl .��_� . � ]003 141i�eY��o,9nwa�xaex¢ra maaths�ra� y+�^amontt _ .�... �._.v � ..�_...�_..� .M.. 1004, f."ururn�y �rrrropi�a�^u iaxes reaoe�ths �� "" pir.wi ovuar�¢WP i066.School4exes � �� fOQS. Assessmen4 T�xes � """" � .....��., __� months dr�r a3�a montt M.. ,.....�_... �._ �� _ . ...� rraonths rar) ' p�aca� moat� „ .. _.�_.. �� .�.�..�_m..._� 1007 Other raxes monChs fn", ry�a month __ _.. ....�,� 1008 Othee t�es ��""" "�"""�"° `"'� ,.,..,._. _.... _. monthsd�� sat,rRroava�49� ]Ol l. A��au^,��ata sh�S,ja�4�rr�u.a�t 1��91. T1t1e+C:�arMr��x ��1101. Setttement or � 1��riia� fe€; �..�. ._.. .....�.�,_� shact or ti4te search . Ab _ _. �.. � , 11U4, Title Insurence bfinder I305 I7ocument parrc�{aduuy�ad��s,n � 1106.'�G,aepryf°ees �.IT�. 1107. �SCVerooro7�y's ff� u� �� q uaac�p��lrm above itetas numbers: 110�. 7'itte insueance � _ 40 ......... ......... -qo,....�...�.: � � �,..�_......,� ....��......�._w �.� to to...m.�_.n_6_,._ to...�..�..� to�.....��.,� to�......�.�� to WFG Natlonel TfUe _- aaua w� ra a ove rW t�e�is numbers: Und 'ter First �lmerioan T�tle Insuranae C;rr�a7 ��,�..� 1169. tl�awd�°a M �.zavaw�re�„r ��M 6iCM1;6tN.�MCN , -� ,.- � �.�� . . � � 1110. Ovmers�auury��!Me�� 7,��.q,��,r��'��.�y� �.IT. .. �mm.. .... to WFG Nedonal..� 1111. Esceorw fee .��e 0o Hoar waer's �rysu1 �ee>rt� � �i ��..� - -m, se..-�e,.., ellas Fhads et Funds a4 - Settlement SettHemen4 __- .m.. � . � -_�.. �. m ��. ��... ... �. _ 50.00 S0.00 :aiwv�tM��ari��te�t ��i acae�rNloe� end °1 r�wm�Grr C"Irnr �c� ...-..-,. _..,..... ,� ....�._ ...... Ytu nvrcDin�Acct .... ..-.,..P ..Y.. 1261 Recording Fees Deed 8162 00 Mox4gege Rel ta �YF'G dNgtlorvaC iYlle �om an - - ,.- ..�. .� _ �.�� .. ,....-.... 7 �a � � �. _� ,_ 'Y Deed MKrrt�iuy,{d �,i P262 C t V��porcaC r pax�nhuip� �, � -... _ ,...,- ...�.,,,.,.,.----- ......_.- .., . 1203 St�ntu; tucxlntd�rwryr�v [�eed �rrwtpa�rc �, . .....�. ...� .., ..._��.. _ .... 1204. TaxcerQafcefes Yo 7E�8�"dr�ua�A. 1205. C"u"si�w'�ry�.flcc�o-r;9�.��w�� 1206 CJie�rrd+�o�"�A+�.��2or�co�Fee,� 1300. Aelcqll&ao-�o-ul Settlement Chargee m tn uul. surveY to .�...�. � _. .�.�.��..��..�.� I302. Pes4 i?r� �c�;trarao g�, Settlement t"Iwnurq,t� (c��mr� on ppNr�^u 9if��,'Se�^�tlr�ia J and ..��#fMIN ��rCnf... ..a..�.._....�._.w.�..._�...W-�..,�._ S238.00 5500.00 5162.00 $61.73 5961.73 Filc No. 70432884 d sbursemeN�s mede n my account or by men�th etVansac onto the best of m�Pent++++1�aGg�w; au�ak belief, i[ isP truo anpY �B� 1, 2 end 3 oFthis HUD•1 Sqtlem � , cewste ala[ement of all reec ls and I further certi [hat I have raceived a com laed co of �� Slatemen�. Cfl'Y OA AENTON T'BXAS Yre . ._� �� B ul Williemson, Righi of Way Agent � _� M � . � w_`� ��.�.,�. �, s�� ._�... � �'.m, , ��-�� e ° � � � � � � ,� � � ; � �� m � � � � � �. �_�. �� , �� ra � .�.. .. � ��L'��k ►��Y'�F-G I-f��f��t..N.. �f�l ;N4C:Y; as ��r,��p�a�,ri��saa� � .�. Adminlstrator of the Estate of JAMES BLAKE WARRELL, JR., Deceased SEI"I'LEMBNT AOeNf CHCLT�ICATION 7'he FIUD-I Settlement Slatement wpMac9r t'Vw��.�� ar�gaawxc^� is a hue end Warnlpg: II is a crirr� C�s G�uawAOn�1g� rrn�shr: Ca�Y��r sq�nktrro7xaaW»� �¢r tl�e CJniled Slates uec�a�t a� a�ueb� v�i &lad�r�rcrw,p�kkiu�ra� f tl�u�r�¢� cm�we;V t�rd �sauKiv ro be on this ar any other udrsvoka�r f�rcnr. 6��era�ltd�.� ra�aapy� �erarw¢ctar�ar �c�roup include e£ne dlw�b�e�l q y p�rytt� ��ytB� iG stalement " end imprisonment. �^�nr a��wyi� �c�ar'CYrtlu� q!� 41 �, C."n�1� ��eCu�Ar 1001 and Saction �� . � �� 1010. S��er�N �µ.., ��,� .... Pi�`. �� _��.�. b4 are Obsolde "� 4'�pc 7 fomi �G1�I&�-I �„�'d�£�� Handbook4305.2 File No. 7fM-32884 d s�bursemen�ts made on my ccowu or by�me m Wietraoeaction. I furt4ar cutity that I hage reccived a comp] ed cayy of pagea I 2n dt3 oflhisc�HIJD I Settte�nem lo �ho begt oC IrnowleA e and �.�a�ldur�l'� tt ia a�m �� "`""�"""""' Statetttenl. f�'�'V"'k" k�'e'M' d5'��WG Y F �.�k,„4' a � � . '� .. . „.,.�.„.,.�.A..�.._., d�y� Y�wt I11auuArx�uMn„ Right iwtl`�VWwy Agem Admnfg{a.. ��,._.... _,.�.�.,_m.._ .._..._....... �R��T�I HARRELL BRISKY, as Independent ator of the Estate of JAMES BLAKE HARRELL, JR., Decease SET1'LSMENT AGENT CERT�ICATION '1'1ie C1l ��• �qr.ta9e�surruq :r up�aaicn�t whlah I havepreparcd ie a frue and W�rn1nQ: R is e edexa� f� kzcas�vwyru�1y! �mm�ac%B� a.d;er�s�tcou� �� tlae Unitcd Stales A! n� �unai �� e� ' nN d�v� r�n��a ¢'snaa 1�u�n�wa � awaq�,i �o�ar � u�� qr� on this or eny other rrem��l�r d"arrrn !"�A��nk91�w �ep�quu s�rrwact�+ao�� e�ur include a fine rlaaflro� h�, �N�4� ,R'v6YC �s sa�Eco��r�� ,„„„_ and imprisanment. P�'rx,r �eou�i� �ew;,; "Cdafu t� ! R.��, f:;a�r�e �Srr�ts�n'l001 and Scction � � � �� „� .� �'"�� ..... �� ; ��.�:'� ] 010. 6 A p �. .., . , . r� � .......... , � kHl M'� N7tl', �^aa.vyu nr.w �;�fi�qia�r,� aroCA��wuid��^ .. I"��#�u 9 � � . . . .larrnr F[ODd �3u�� .. Handbook 4:.4[},�..?