2013-012s:Uegallour documents\ordinances1131stout ordinance.doc
ORDINANCE NO. 2013-012
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO A 0.106 ACRE TR.ACT; AND (II) A TEMPORARY
CONSTRUCTION GRADING AND ACCESS EASEMENT ENCUMBERING A 0.106 ACRE
TRACT, ALL TRACTS BEING LOCATED IN THE M.E.P. & P.R.R. CO. SURVEY,
ABSTRACT NUMBER 927, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A
PART HEREOF, LOCATED GENER.ALLY IN THE 200 BLOCK OF NORTH MAYHILL
ROAD (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND
IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO (1)
KENNETH L. STOUT (THE "OWNER"); (2) SUCCESSORS IN INTEREST TO THE
OWNER TO THE PROPERTY INTERESTS; OR (3) ANY OTHER OWNERS OF THE
PROPERTY 1NTERESTS, AS MAY BE APPLICABLE, TO PURCHASE THE PROPERTY
INTERESTS FOR THE PURCHASE PRICE OF THIRTY THREE THOUSAND ONE
HUNDRED THREE DOLLARS AND NO CENTS ($33,103.00), AND OTHER
CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE
"AGREEMENT"), AS ATTACHED HERETO AND 1VIADE A PART HEREOF AS EXHIBIT
"B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING
RELOCATION EXPENDITURES; 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:
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 malce a formal
offer to purchase the Property Interests to (i) the Owner; (ii) any and all of Owner's successors in
interest to the Property Interests; or (iii) any other parties who may own any interest in the
Property Interests, as may be applicable.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and
on behalf of the City (i) the Agreement, by and between the City and Owner, or other owners of
the Property Interests, as applicable, in the form attached hereto and made a part hereof as
Exhibit "B", with a purchase price of $33,103.00 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.
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner, or other owners of the Property Interests, as applicable,
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, or other owners of the Property Interests, as
applicable, shall be made in accordance with all applicable law.
SECTION 6. The City Manager is authorized to make expenditures in accordance with
(i) the terms of the Agreement; and (ii) Ordinance No. 2012-073, dated April 17, 2012,
pertaining to relocation related expenses and advisory services.
SECTION 7. If any section, article, paxagraph, 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 8. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �� day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
By:
APPRO D AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I�
.�
i
r � EXHIBIT "A" - to Ordinance (Froperty Interests) ,
I
� � rthur Surveying �o., I nc. � :
�'xo.t'essiozZ�.Y .�a.xzd SYSZ�sr�yt�► .xs
P.d. Box 54 � Lewisville, Texas 75067
O�ce: (972) 221-9439 -- Fax: (972) 221-4675 .
EXHIBIT «A» ,
MAYffiLL ROAD
PARCEL M076
0.106 Acre
City of Denton, Denton Cou�ty; Texas :
BEING a�l that certain lot, ixact or parcel of land situated in the M.�:P. & P.R.R. Co,, Suxvey, Alistraet Number 9.27,
City of Denton, Denton County, 'I'exas, and being part of that certain tract.of land described by deed to Kenneth L. .
Stouf, recorded in Volume 1377, Page 69, Rea1 Property Records, Denton Gounty, Texas (R:P.R:D,C.m:); and beirig
' more particularly descXilied as follows: . ' -
BEGINNING at a 1/2 anch iron rod with yellow cap stamped "Arthur Surveying Company"{A.S.C.) set_#'or the.
northeast comer of said Stout tract and the soufheast corner of a tract of land described by deed to Kenneth L. Stout ,_
and wife, Gladys F. Stout, recorded in Volume 825, Page 177, R.P.R.D.C.T., and heing in the existirig westerly
right-of-way line of Mayhill Road;
THENCE South 02 degrees 29.minutes OS seconds West, with the existing westerly right-of-way line of.said
Mayhill Road for a disYance of 102.00 feet to a 1/� inch iron rod with yellowcap stamped "A.S;C:" set for the
southeast conner of said Stout tract (Vol. 13'77; Pg. 69) and the northeast cprner of Block One of East MeKinney _
Street Addition, .Section Two, an addition to the City of Deixton, Denton Courity, Texas;:accordirng to .the P1at tl�e'reof.
recorded in Cabinet G, Page 378, Plat Records, Denton County, Texas; - : '
THENC� North 88 degrees 58 minutes 35 seconds West; with the south line of said Stout h•act (V.ol. 137'1; Pg.� 69)
and the north line of.said East McKinney Street-Addition, a distance of 36.71 feet to a 1/2 inch iron rod with yellouv
cap stamped "A.S.C." set for corner; , I
THENCE North 07 degrees 13 minutes 45 seconds West, over and across said Stout tract (VoL 1377, Fg. 69), a
distance of 103.04 feet to a ll2 inch iron rod with yellow cap stamped "A,S.C." set� for comer in the north line of
said Stout tract (Vol, 1377, Pg. 69) and the south line of said Stout tract (Vol: 825; Pg'.;177); -,
THENCE South 88.degrees 5$ minutes 12 seconds Bast with the north line of said Stout t�-act (Vo1. 1377; Pg. 69)
and the south l�ne of said Stout tract (Vol. 825, Pg. 177), a distance of 54.10 feet to the POINT UF BEGINNING, �i
-
and containing Q.106 acre of land, more ar less. i
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C1107131-7
Parcel M076 '
�
EXHIBIT "A" - to Ordinance (Property Interest:s) -
,.� -
� LR.F: .
(C.M,) Q
N ; . -
Ll � ,..
N07°13'45"�V 1 I NOTES
� �
103.04 I i • I R.F. = 1/2" Iron Rod Found
i � I R.S. _]/2" Iron Rod Set with
100 0 50 100 ' yellow cap stamped °Arthur
I Sw'Veying Company"
SCALE: i"=100' � i � ' P��et Easements recorded in Vol: 196;
Bearings stiown kereon based on the City of ' g. 85, �!ol. 262x Pg: 307; Vo1, 2b4; Pg.
Denton GIS Network: N� 14Z & Vo133fi, Pg. S40 ass.igned in Vol,.
Kenneth 4 stout �-� 756, Pg. 669, Vol. 342, Pg, 37 include
� & wlte, cr'v r°� this tract.
Gladys F. stout z I . Easement reeorded in Vol: 355, Pg. 530
voiume 1384, e�e a
� � does not affece this tra�ct to the best of my
� ' ��� ` �. � I knowledge.
__ � ,• All impravements not shawri hereon. �
—�p -- -- -- ., �
� 1
� General Uttlfty Eas6ment ---tr--.1 I
�r8,� Kanneth L 3tout Vol. 4225, Pg. 5$9 I ��
� �'� & wite� I '
� Ciladye F. Stout � � _ R
� � Volume 826. Page 177 I �� O�. J.J .
SSS°58�12"E'I
--�-- -- -- _ 54. 0� $.
C� extstfng 1.R.S. � R.S.
bulldin9� I
,J
� �,lp� Banneth L stout 0.106 Ac�'��^ I
Volume 1977, Page B9 L1� � �
��'� Parcel M076 � � � a�
'�'� (4,630 sq, ft.) � "' ,
, exfsfing O �
�, �� � N88 58 35"W _ 395.66' �� res7denc� �� 5 � �, R. S. �
, _ � .
Q. N88°58'35"W e �. ��'Q F T
�� �. EaBt Moxi�ey 36.71 �j � ,�P �1S7"�'�
I 3treet Addition y �ij,.•�(�. �j,�
Seotion Txo, Bloak One � �"•�f
�, Cabinet G, Page 878 �w :.:.` ." „". �
�� M� .�J��`E tVk ;�U�
oc� �v�n � ..<_,.yb 5305 �
O � q N �1 , .w�`j �
v� cn o_ 1�-1 . 9`���
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- ' 3" Aluminum I
� O
I.R.F. 7kDOT Dlsk
(C.M.) Found (C.M.) .- ,1�
Mayhill Road
Parcel M�76
0.106 acre in the
M.E.P. & P.R.R: Co. Survey,
Abstract Number 927,
City of Denton
Denton County, Texas
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SURVEYORS CERTIIr1GATl41V:
Tha uuderatgned does here6y cerL(Q� ta TiNe
Resourcae (d.F: No:102468) thet flue eurVey'wes
f5ie day made an the gronnd ofthe pnoperly Jagally
deactlbed hereon and lacou�oK and W dfe best of
�y&nowledga; thare arano vlsi6le discrepsnetear
oontUcta, shoitag4s In eiee, 6aundary line canYifcfs,
encroacl�en� o,verlapPlnBofLnpmvements, ,
easa�eefa orrlgLte of way tLet I Lavt beEn adviaed
D1'except aa showtthereoa
.rthur �urveying Co., I nc,
nror��o�r,�a s�yo�
P.O.Bos 64 - T.e�visville, Tesa� 75067
Uffice: (972) 221-9439 Fax: (972) :221-4676
,Eetatblished Y986
.
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r,
- EXHIBIT "A" - to Ordinance (Property Interests)
� rthur Surveying Co.,- I nc. . �
�'rofessxo.n�.Y ]�,�rs�at SYZZ�v-�,yc,rs�. .. ' .
P.O. Box 54 � T,ewisville, Texas 75067
Offico: (972) 221-9439 -� F'ax: (972) 221-4675
� EXHTBIT «A» , _
. VAI2IABLE WIDTH
- TEMPORARY CONSTRUCTION
� EASEMENT
0.106 Acre
City of Denton, Denton County, Texas
- BEING all that certain lot, tract or parcel of land situated in: the M.E.P. & P.R.R. Co. :Survey; Abst��act Numb.er 927„
City of Aenton, Denton County, Texas, and being part of that certain tract of land descr.ibed by deed to Kenneth L.
Stout, recorded in Volume 1377, Page 69, Real Property Records, Denton County, Texas (R.P.R.D.C.T.); and being
more.particularly described as follows:
COMMENCING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S:�.) sef for the
northeast corner of said Stout tract and the southeast corner of a tract of land described by deed to Kenneth L. Stout
. an'd wife,. Gladys F. Stout, recorded in Volume 825, Page 177, R.P.R.D,C.T., and being in the:existing wesferly
right-of-way line of Mayhill Road; .
THENCE North 88 degrees,58 munutes 12 seconds West with tlie north line of said Stout tract {Vol, 1377; Pg. 69) :
and the south Line o£ said Stout tract (Vol. 825; Pg. 177) a distance of 54.10 feet to a l/2 inch i�on rod with yellow
cap stamped "A.5.C." set for the POINT OF BEGINIVING; - ,
�. THENCE South 07 degrees 13 tninutes 45 seconds East, over and across said Stout tract (VoI. 1377, Pg. 69) a
distance of 103.04 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner in the soutH line of
' said Stout tract (Vol. 1377, Pg. 69) and the north line of Block One of East McKinney Street Addition, Section Two,
an addition to the City of Denton, Denton County, Texas, according to the Plat fhereof recorded in Cabinet G, Pag.e
378, Plat Records, Denton County, Texas;
THENCE North 88 degrees 58 minutes 35 seconds West, with the south line of sai.d'Stout tract (Vo1..1377; Pg. 69)
and the nozth line of said East McKinney Street Addition, a distance of 52.65 feet to a point for camer; '
THENCE North O 1 degrees O1 minutes 48 seconds East, over and across said Stout t�act (Vol. 1377, Pg: 69) a
_ distanca of 101.98 feet to a point for corner in the north line of said Stout hract (Vo1,1377, Pg: 69) and the south line
of said Stout tract (Vol. 825, Pg. 177};
THENCE South 88 degrees 58 minutes 12 seconds East with the north line qf said Stouttract (Vol, 1377; Pg.. 69)
arid the south line of said Stout tract (Vol. 825, Pg. 177) fa distance of 37.85 feet to the POIN'T OF. BEGINNING
and containing 0106 acre of land, more or less. , ,
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C1107131-7 \0: �/`�` �'
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Parcel MD76 ♦ % 1 �INNN�
�r
Easement
;l y
EXHIBIT "A" - to Ordinance (Property Interests) `
LR.F. �
_ (C.M.) Ig
� � LIlVE TABLE i I NOTES:
LI N88°58'12"W 54.I0' � �. I.R.F. =1/2'! Iron Rad Found
L2 S07°13'45"E I03.04' � I l,• I.R.S; =-1/2" Iron Rod Sei with
- • L3 N01 °01'48"E 141.98' �� yellow cap stamp.0d "Arthur
L4 S88°58'3�"E 36.71! � ��� 5urveying Company"
+ BlanketEasements recorded in Vol. 196,
100 0 50 100 �_+� :
Pg. 85, Vol 262, Pg, 307,. Val 264, Pg
( �� 14� &:Vol 336, Pg. 540 assigned in Vo1.
SCALE: 1" -100' •w ( �� 756,.Pg. 669, �01::342, Pg. 37 mclude
Bearings shown hereon based on the City of .°N � � this tract.
Denton GIS Network. Kenneth 4 stout r� . Basement zecorded in VoT: 355, Pg: 530
• & wlie, ° does not af£ect this tract to the best of m
I aiaay� m. st�ut o � Y.
Volume 1384, Page 8 2 I � knowledge.
� i I • All improvements not shown her.eon.
� � � a .
� -- __�� -- -- _—_ I I�
� ��
I �, General UtlNty Easement ---�--...� P� 0� B•
���� �� & ivlfe,stout Vol. 4225. Pg, 549 I
i �
� Gladye F. 3tout �
I � Volume 826, Page 177 � I �• O•�•
�.�� S88°58'12"B
37.SS' 1 �
i .S
_��,�---- — — — — 0.106 Acre 'ex�stmy I.R.�'.
�p Tem ora building ' 1 � Propose.d
1,J � Keaneth L Stout P �
I Volume 1877, Page 89 Construction � i3 � �� Pprcel MOZ�
� 'Q"� Easement � �I`�" �g
'�'� (4,614 sq. ft.) �9� f. �
N8838'35° reside ce �
�+ �... ,_ W 343.01 �_ �;1.R.S J. R, 5.
; .� • N88°58'35' Q'i x°
�' S2.65'
� � Eset McKinney ( ,,q �Q�' ��L
9treet Addition � � •"
� T
� Saotion Two. Hlook One I �� ��.�1��1�„�A�'9(�1
3 Cabinet G, Page 978 3 I-�.t � � L�Si j
�:`$ . '�,�� �'"!y` '�Qk� 1U1. ritlwSELL, Q
ry � � o ✓� �� �8,��ll�r ��v% ..
O " 5�,� r
� � I
� � ��: �����,
� � Yv ��
I. I r
� NOTES: I
� l.R.F, I.R.F. =1/2" Iron Rod Found 3„ Aluminum I
C.M, I.R.S. = 1/2" Iron Rod Set with TxAOT Dlsk O ��
� ) Found (C.M.) �Q
yellow cap stamped "Arthur iv ._
Surveying Company"
AII improvements not shown hereon.
Variable Width
Temporary Construction
Easement
0.106 acre in the
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927,
City of Denton
Denton County, Texas
� -- 2012 --
�`'��Z`'`1ib''��'i°-'R- arce o G eserr
__ ..., .w.�..�.. .. __ .. . _ __ ,. ...
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� \O'
SURVEYORS'CER7ZFICATION:
TLa understgne,G das. hetr6ycardty to Title
Resou{ees (C3.F. No.102468) tfie[ t7ils emveywe.s
thia dayaneJa on tha ground aPika propeity ]egalfy .
descri6edLereoa md is corieok end iit tba best oP
rqykaowledga, tltero ara no vlslble tHaoropeaaiea,
ntintlicfe, ehonesae.ln eiea, uounaaryllue contl'tote,
enixuac5menta, overlappingofimprovements, .
aaaeamenfs or dgL(a ofway tbatl8ava 6eeu adviead
orexcepe es s5om, bm�o�n.
rthur Surveying Co., Inc. � `
�t��s�r r�wa s�,�ns :
� P.O.Hos 64 � Lewisville; Teicea 76067 -
OPfice: (97Q) 22L=9439 F'aas (972) 221-4676
Estatbliahed 1986
EXHIBIT "B"
TO
ORDINANCE
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED SELOV�, 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 f/�/�/�(��'// �� ,
�7
2013, but effective as of the date provided below, between Kenneth L. Stout (referred to herein
as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Kenneth L. Stout is the Owner of a tract of land (the "Land") in the M.E.P. &
P.R.R. Co. Survey, Abstract Number 927, being affected by the public improvement project
called the Mayhill 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)
an easement in, along, over, upon, under and across, a portion of the Land, each related to the
Proj ect; 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. 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" and depicted in Exhibit "B" 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; and (ii) a
Temporary Construction, Grading and Access Easement (the "Easement"), in, along, upon,
under, over and across the tract of land being described in Exhibit "A" and depicted in Exhibit
"B" (the `Basement Lands"), to that certain Temporary Construction, Grading and Access
Easement, attached hereto as Attachment 2 and made a part hereof, for temporary construction,
grading and access purposes, as more particularly described therein.
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; and (ii) the Easement shall be in the form and upon the
terms as attached hereto and incorporated herein as "Attachment 2" (the Fee Lands and the
Easement 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 ar 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 drill sites, well bores, whether
vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs 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" sha11 include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
2
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances 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" sha11 include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and a11 areas above the
surface of the earth.
2. As consideration for (i) the granting and conveying of the Fee Lands and the Easement to
the City; and (ii) damages to the Owner's remaining Property, the City shall pay to Owner at
Closing the sum of Thirty Three Thousand One Hundred Three and No/100 Dollars
($33,103.00). 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 Proj ect,
the City shall, at its sole cost and expense, demolish, remove and dispose of the residential
structure bisected by the Project and located within the Fee Lands and Easement Lands, Owner
expressly stipulating that such residential structure is to be demolished as part of, or related to,
the Project. The worlc prescribed in this Section 3 is herein referred to as the "Demolition
Work".
4. The Owner shall convey and grant to the City the Fee Lands and the Easement free and clear
of all debts, liens and other encumbrances (the "Encumbrances"). The Owner sha11 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
3
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 Demolition 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, including without limitation, residential structures located
within the Easement Lands and/or Fee Lands, related to activities conducted pursuant to the
Easement 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 within
the scope of the rights granted by the Easement, whether accruing now or hereafter, and Owner
hereby releases for himself, his heirs, devisees, successors and assigns, City, it's officers,
employees, elected officials, agents and contractors from and against any and all claims they may
have now or in the future, related to the herein described matters, events and/or damages.
6. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC,
525 South Loop 288, Suite 125, Denton, Texas 76205 ("Title Company"), with said Title
Company acting as escrow agent, on the date which is 180 days after the Effective Date, unless
the Owner and the City mutually agree, in 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
4
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is known. The result of such proration is that the Owner shall pay for those
taxes 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 t�es 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.
S. 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 sha11 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
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
10. THE LAWS 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.
5
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 Easement Lands; (ii) enter
into any Agreement that will be binding upon the Fee Lands or upon the Owner with respect to
the Fee Lands after the date of Closing; or (iii) enter into any agreement that will be binding on
the Easement Lands, or upon Owner with respect to the Easement Lands, prior to the termination
of the Easement.
12. Any notices prescribed or allowed hereunder to Owner shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein,
and sha11 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:
OWNER:
Kenneth L. Stout
Denton, Texas 76209
Phone
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Richard Casner, First Assistant 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 subject
matter of this Agreement. Time is of the essence with respect to this Agreement. Relocation
advisory services and relocation financial assistance, if applicable pursuant to Ordinance No.
�
2012-073 (the "Relocation Ordinance"), shall be administered as provided by the Relocation
Ordinance, aside and apart from the transaction contemplated by this Agreement.
14. Owner represents and warrants to City that (i) the Property comprises no part of the
homestead of Owner and his spouse; and (ii) he has the authority to perform all obligations under
this Agreement without joinder of any other person or party.
15. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed and/or Easement.
16. 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.
17. Authority to take any actions that are to be, or may be, taken by City under this Agreement
and/or Easement, including without limitation, adjusting the Closing Date of this Agreement
and/or the termination date of the 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:
G ORGE C. CAMPBELL,
CITY MANAGER
Date: � GC � /� , 2013
ATTEST:
JENNIFER WALTERS, �ITY SECRETARY
:
Date: ��Pfi.1�.�1.,c,�t _ 1 � , 2013
7
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: " C�
Date: �a.-� � � � v , 2013
OWNER:
KENNETH L. STOUT
Date: , 2013
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges 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 Agreement 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:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 3 81-1006
Telecopy: (940) 898-0121
I:
Printed Name:
Title:
Contract receipt date: , 2013
E
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOLJR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
�,
KNOW ALL MEN BY THESE PRESENTS:
That KENNETH L. STOUT and wife, GLADYS F. STOUT (referred to
collectively herein as "Grantor"), for and in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in
hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal
Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the
receipt and suffciency 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 on Exhibit "A" and depicted on Exhibit "B", both attached hereto and made a
part hereof for 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 thereon and all
other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, 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 Property. Grantor, his heirs, devisees, successors and
assigns shall not have the right to use or access the surface of the Property, in any way,
M076-Stout
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 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 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 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 fve 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:
Undivided interest in Oil, Gas and other Minerals reserved in deed from Mrs.
Alice Keith to W. C. Trail, filed July 23, 1956, recorded in Volume 423, Page
371, Deed Records of Denton County, Texas.
Easement executed by W. D. Sutton to Texas Power & Light Company fled
December 1, 1924, recorded in Volume 196, Page 85, Deed Records of Denton
County, Texas.
Easement executed by Frank D. Sutton, et al to Texas Power & Light Company
fled November 25, 1936, recorded in Volume 262, Page 307, Deed Records of
Denton County, Texas.
Page 2 of 4
M076-Stout
Easement executed by B. H. Williams and wife, Dona Williams to Texas Power
& Light Company filed November 1, 1947, recorded in Volume 342, Page 37,
Deed Records of Denton County, Texas.
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 _�� `��'"` , 2014.
�' �.���`.�-� � �� ����d
KENNETH L. STOUT �
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GLADYS F. x 'C) L�`�"
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF �;�� �l`� §
This instrument was acknowledged before me on �, 2014 by
Kenneth L. Stout.
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M076—Stout
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�9�rtar� �'L���� State ofTexas
My �c��r�3��i� °`��� expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF
a _
This instrument was acknowledged before me on _v m � , 2014 by
Gladys F. Stout. ,4.fi, ,�
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� � ° ' � My c����r���r��i����� expires:
Upon Filing Return To:
The City of Denton-Engineering Services
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Page 4 of 4
M076-Stout
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
"'' r EXHIBIT A- to Special Warranty Deed
rthur Surveying Col, I nc.
.Px�afessiona,.F Land �"t��-��,�+���
P.O. Box 54 --- Lewieville, Te7cas '75067
Offico: (972) 221-9439 � Fax: (972) 221-4675
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PARCEL M076
0.106 Acre
Cxty of Denton, Denton County; '�exas
"�3�11�i� ��1� t}xm� ��rt�ir� Cot, i�t�c� c�r �arrc�l e�J` lan€t �itt��teKi �.n t9a� £�.�.�. � P.R.R. Co. Siuv�y, �.b��r�ct �[�irz�la�r �27,
�.it�} c�t ��s�t�at�, ��nt�ata t�at��ti�y, '�'e���, azt�i �aei��� �aar� pf i���t ce����.� 1rac�.afland describ��i l�y ��e�ri i� �Ga�n�Y�.tl� L. ..
�ts�tzt, re�t��•€��ti i�� 'V`r��u�n� 13�'i, ��;�e 6�I, �e�l P�•�puriy �tr;�c��'�i.w„ ����ts�tt County, Texas �i�.I'.R.I�.C.`i.}, a��� la�iKi�
rns�r� ��rd;icr�l�r�y c�esc��i�ie.c! as f�rlin��;
BEGINNING at a 1/2 inch irori rod with yellow cap stannped "Arthur Surveying Coznpany" (A.S;C.) set fox the
northeast corner of said Stout tract and the soufheast corner of a tract of land described by deed to Kenneth L. Stout
and wife, Gladys F. Stout, recorded in Volume 825, Page 177, R.P.R.D.C.T., and being in the existing westerly
right-of-way line of Mayhill Road;
7CHENCE South 02 degrees 29, minutes OS seconds West, wat1� ti�� existir�� w�st�rly rxg�t�-of-way line of saiii
Mayhill Road for a distance of 102.00 feet to a 1/2 inch iron rc�ci rvitta ��l�s�w c;�� ��x��a��er� "A.S;C." set for the
sor�t�e��t s��r���r r�� 5aicf S�r��ti tract (Vol. 1377, �`�. ��i) �ztci the northeast corner of Block One of East McKinney
Sta���t A�s�iii�n, �ecti�rz "E'wsa, an addition tca tl�� Gity Qf �enton, Denton County, Texas; according to tlie Plat Cl�eraof.
��ccr��ed iz� C'�bi.z�vt �, P�g� 378, Plat Recs���ci�F ����t�n C��anty, Texas;
THENCI� North 88 degrees 58 minutes 35 seconds West; with the south line of said Stout tract (Vol. 137'1; Pg: 69)
and the north line of said East McKinney Street Addition, a distance of 36.71 feet t0 a 1/2 irich irori rod with yello�v
cap stamped "A.S.C." set for corner;
THENCE North 07 degrees 13 minutes 45 seconds West, over and across said Stout tract (Vo,1.,1377, Pg. 69), a
distance of 103.04 feet to a 1!2 inch iron rod with yellow cap stamped "A.S.C:" set for corner in tlie north line of
said Stout tract (Vol. 1377, Pg. 69) and the south line of said Stout tract (Vol: 825; �g.,1..77);
THENCE South 88 degrees S8 minut�s 12 seconds East with the north line of said Stout tract (Vol. 1377, Pg; b9)
and the south line of said Stout tract (Vol. 825, Pg. 17i), a distance of 54.10 feet to the PQINT OF BE.GINNING,
and containing 0.106 acre of land, more or less.
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C1107131-7
Paecel M076
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SCALE: 1" =10Q'
Bearings sliown kereon based on the City of
Denton GIS Network: Kenneth I. Stout
� ec wlie,
Qladqe F. Stout
Volume 1384, Pege 8
E �i
� .... .... .�. .... �� _ _ _�..�.
� �`��¢q��
�'' Keaneth L 9�aut
� ��� �s ���
� '#�4 {�la�lps� F'. 3t�u�
� Yaltf�ss� �2[S, P�g� [77
.�. �„ ��� .., v _
u�
� GA� Kenneth L Stout
� vo��e 1877, Page A9
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�, � ' � N8858�35"^W� 395.66'
��o
,�. I Ea.t Me��ey
� 9treet Addltion
3eotion Tw�o, Blook One
3 Cabinet G, Page 979
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(C. M.)
EXHIBIT B- to Special Warranty Deed
�.+�,�c�
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N07°l3'45"W � �
] 03.04' � �
EXHIB IT "B "
Mayhill Road
Parcel M�76
0.1, 08 acre in the
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927,
City of Denton
Denton �ounty, Texas
— 2012 --
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��General Utlllty Eaeemen! �—.-�
Vol. 4225, Pg. 549 I I�
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��,ra�t,��
linl�l� �Ct" �
Parcel M076
(4,630 sq. it.)
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NOTES:
• I.R.F. = 1/2" Iron Rod Found
� I.R.S. = l@" Iron Rod Set wlth
yelloiv cap'stamped1°Arthur
Surve.ying Company"
• i�d��ket �:ascine�ats �°e�r�ci�� in V�1. 196,
�'�, l3�, �iul. �a�2, I'�. ��J7, t+'�i. 2�i4,1'g,
i�7 �'Vcro1336, �'g, 544 nssi�t�etl ic� Vca�.
T�6, €'�. fif59„ V[7I. 34�, ��'; 3i iiRG�Y�c�e
this tract.
• Easemen4 eecorded in Vol: ��5,1��. 5�{�
does not atFecf this dract to thc �i�si �af a�j�
knowledge.
• All improvements t�c�t �h€�wrs �r�rc�at�.
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°� ������ ����r� ��a
%i,�uae� €�i.i�. �lc�. rt�d�j r�R �1� �eu�y �°ag
rl�a �r,n�i1� �r, s5a�uumiva°rtrsP��3^J���Y
a1e�a�#6� liattuaea n�s! Is c� �aaar� t�i �he !�� u�
wytccrmvPa�r,t�a��n�a�aiU'da i�
aa�ldtc�, in,�eea, �w�mu�arYli�a �aru�d�t�
c avarl'aga,�3n�ai'iur�u9vaia�af�,
sa�w„e�a «r.�r� a�ru�y r,�a�t r�avo t�m a�t
a�'ea+,^�Ft � rrhnsvn L�.
r���.� �T���1�� ��., �1�.
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�.v.�o� �� � t��������, Te:as �r���r
�s��t��: ($��) ���—�a�e i���: (��) ���—����
���ti������ ����
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 4 00016777
Instrument Number: 2014-16777
As
Recorded On: February 26, 2014 Warranty Deed
Parties: STOUT KENNETH L
To
Comment:
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Warranty Deed 50.00 "
Total Recording: 50.00
Billable Pages: 7
Number of Pages: 7
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2014-16777
Receipt Number: 1136681
Recorded Date/Time: February 26, 2014 03:26:37P
Record and Return To;
TITLE RESOURCES
WILL CALL
DENTON TX 76202
User / Station: P Sallee - Cash Station 2
� � �r'� �. THE STATE OF TEXAS }
, �,
��- � ��' COUNTY OF DENTON }
� �� ��� »�` I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
� 4 ����� printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas.
� � � .„*
� � ��'�, � ` " � �r
�„���� � , �Ll
�, � w - � � County Clerk
����a °°"� Denton County, Texas
�...»".�
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR 5TRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Kenneth L. Stout and wife, Gladys F. Stout (referred to collectively herein as "Grantor"), 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 M.E.P. & P.R.R. Co. Survey, Abstract Number 927, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A"
AND DEPICTED IN EXHIBIT "B", BOTH ATTACHED HERETO AND MADE A PART
HEREOF
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 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 the residential structure and 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 and other activities prescribed herein, or any
part thereof.
The term of this Temporary Construction, Grading and Access Agreement shall commence on the
M076-TCGAE-Stout
date of the "Demolition Contractor Notice to Proceed" related to the portion of the Mayhill Road
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 "Demolition 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 _� day ��I� ������"" , 2014.
GRANTOR:
,�� �� �
.� � ��..���.��� � : ,
By: . �� ,-
Kenneth L. Stout
� �� ��..,
� � ,,.
By �� � y .�.�
_ ..�.� . _, ��. � �t�. �. _ �� ,
Gladys F, � �����
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF �'
� ��
This instrument was acknowledged before me on "� _���° ��, 2014, by Kenneth L.
Stout.
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M079�TCGAE-Stout
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N�t�t f��bi" �, in and for the State of Texas
My ��i��r�°�:�sit�r� �sx�ir�.�
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THE STATE OF TEXAS
COUNTY OF
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ACKNOWLEDGMENT
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This instrument was acknowledged before me ��e�� �.�� ��� ., 2014, by Gladys F. Stout.
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AFTER RECORDING RETURN TO:
City of Denton — Engineering Services
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
M076-TCGAE-Stout
Pu�Ci�; in and for the State of Texas
My CY�������.��';�ion �:���i���:�:
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EXHIBIT "A" - to Temporary Construction, G.rading and Access Easement
rihur Surveying Co., Y nc.
�rofessiox�al La.zY�d SYSZ�ere,srors
P.O. Box 54 --- Lewieville, 'Texas 75�67
Of�co: (9%2) 221-9439 -� Fax: (972) 221-4675
� EXHIBIT "A"
VARIABLE WIDTH
TEMPORARY CONSTRUCTTON
EASEMENT
0.106 Acre
City of Denton, Denton County, Texas
BEING all ttiat certain lot, tract or parcel of larid situated in. tl�e M.E:P. & P.R.R. Co. Survey; Abstract Number 927,.:
City of Aenton, Denton County,, Texas, and being part of that certain tract of land descxibed by deed to Kenrieth L.
Stout, recorded in Volume 13Z7, Page 69, Real Property Records, Denton County, Texas (R.F.R.D.C.T.), and being
more particularly described as follows:
COMMENCING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S:�.) set for the
northeast corner of said Stout tract and the southeast corner of a tract of land' described liy deed to Kenneth L. Stout
and wife,. Gladys F. Stout, recorded in Volume 825, Page 177, R:P.R.D.C.T., and bei�g in the. existing westerly
right-o£ way line of Mayhill Road;
THENCE North $8 degrees 58 rt�inutes 12 seconds West with tlie north line of said Stout tract (Vol. 1377; Pg. 69)
and the south line of said Stout tract (Vol. 825; Pg. 177) a distance of 54.10 feet to a 1/.2 inch iron rod with yellow
cap stamped "A:S.C." set for the POINT OF BEGINNING;
THENCE South 07 degrees 13 minutes 45 seconds East, over and across said Stout tract (Vol. 1377, Pg. 69) a
distance of 103.04 feet to a 1/2 inc}� iron rod with yellow cap stamped "A.S.C." set for corner in the south line. of
said Stout tract (Vol. 1377, Pg. 69) and the north line of Block One o.f East McKinney Street Addition„ Saction Two,
an addition to the City of Denton, Denton County, Texas, according to the Plat ihereof reccjrded in Cabinet G, Page :
378, Plat Records, Denton County, Texas; �
THENCE North 88 degrees 58 minutes 35 seconds West, with the south line of said'Stout tract (Vol...1377, Pg. 69.)
and the north line of said East McKinney Street Addition, a distance of 52.65 feet to a:point for co�ner;
THENCE North O1 degrees O1 minutes 48 seconds East, over and across said Stout tract (Vol. 1377,. Pg, 69) a. ,
distance of 101.98 feet to a point for corner in the north line of said Stout tract (Vol: 1377, Pg: 69) and the south line
of said Stout tract (Vol. 825, Pg. 177);
THENCE South 88 degrees 58 minutes 12 seconds East with the noith line of said Stout tract (Vol. 1377, Pg. 69)
and the south line of said Stout tract (Vol. 825, Pg. 177) fa distance of 37:85 feet to the POINT OF BEGINNING
and containing 0.106 acre of land, raore or less. , F
C11U7131-7
Parcel M076
M07���tAE-Stout
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*� , EXHIBIT "B" - to Temporary Construction, Gradin� and Aceess Easement
N
100 0 50 100
SCALE: 1" =100'
Bearings shown hereon bssed on the City oP
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{�:�.� �
.�.�IN:�3 TABLE �
LI .�'�s°��'�2���w ��.�a�� � ,�
L2 S07 13 45 E 103.04 �
L3 NOl °Ol'48"E 101.98' f � �
J.�`fi� 3.i���J£A�J�lPi:'e .F�.7.�R ����, !�� ��..
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N `t
Denton GIS Nelwork. Kenneth L 3tout •r `O '�� �
� & wlfe, N � �
� flledya F. 8tout Z �
Volume 1984, Page 8
1 ��� I �
..�.,_._._ .� �_ _�..�_�.,�... _. �� _��..e_ �. _ _ � _ I.
� �� � c�,.rai uuney Eea�,a,� � ,
G�' Vol. 4225, Pg. 5�9 I ,
�C+�sn�th I� 9�ut
� '�� d� �td�,
� C�1asl� �; utt�tx� � � i
� �' Voluta�� ��C. F"e�e 47� ! �
�.�7 S88°S8'12"�I�
-" —. _ _ �. — —
37.�5` ;�i,t � �
� 0.106 Acre 'exr9rt�y
bullding
� ��e Kenneth L staut Temporary �
Votume 1377, Paqe s9 Construction
�, ��;"' Easement �"
� (4,614 sq, ft.)
N88 58'35"W 343.01' r sie
'�' -- -- -- �.
��y � �
� i Enet MoKinney
� 9treeE Addltion
3aatto.n Txo, Hlook One
3 Cabinet O, PeQe 378
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NOTES:
I.R.F I.R.F. = 1/2" Iron Rod Found
(C.M.) I.R.S. =1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
All improvements not shown hereon.
EXHIB IT "B "
Variable Width
Temporary Construction
Easement
0.108 acre in the
�.E.P. & P.R.R. Co. 3urvep,
Abstract Number 927,
Citp of Denton
Denton County. Texas
M076-TCGAE-Sto�12 "'
52.65' �
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NOTES:
• I,R.F. =1/2" Iron Rod Found
• I,12.S. = 1/2° Iron Rod Set with
yel�n�v c��r s��np�:c� "�rl��t�r
Surveyi�i� �€ampaaiy,r
• l�l€�t�e� �itase�a�ewtts r�cneded in Vol. 196,
z��. ��, v�i. ��z, ��. �€�?,.vo�; z6a, i�g.
147 & Vo1336, Pg. 540 assigned in Vol.
756, Pg. 669, Uol:: 342, Fg. 37 inGlude
this tract.
. Easement z'ecorded ai� Vol. 355; P�: 530
does not sffect this tiact to �it� 6est of my
knowledge.
• All improvements not showr► iiereon.
R.S.
Proposed
a Parael M076
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ttcuaeu�ues (C�.r. lVa� io24�j s5ar tii1� �y wsa
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�n �u+i� c�r� erut w �n a�e�t
atayknu�te�� thae ue no viaf�rta r�r��in�d�
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,��r�opt as �vs� �eroon,
���� ������� Co., I nc.
P.O.Boz C� � i��'wievi:ite, �`��a� '7�t1$7
Oftloe: (972) ��i�-94�If� �"�s ('�7�j 221-4676
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Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
�o zo7 a aoo7 s��e ,
Instrument Number: 2014-16778
As
Recorded On: February 26, 2014 Easement
Parties: STOUT KENNETH L
To
Comment:
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Easement 46.00
Total Recording: 46.00
Billable Pages: 6
Number of Pages: 6
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INS7RUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2014-16778
Receipt Number: 1136681
Recorded Date/Time: February 26, 2014 03:26:37P
User / Station: P Sallee - Cash Station 2
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Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlfy that thls Instrument was FILED In the Flle Number sequance on the dateltlma
printad haron, and was duly RECORDED In the Offlclal Records of Denton County, Texas.
��-
County Clerk
Denton County, Texas
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DATE : March 20, 2014
GF NO : 102468
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TO : CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
901-A TEXAS STREET
DENTON, Texas
�NE�� {�'�' ��� ����t,t� ��i ' ��
�'ro rt�l Gz � � , � ��� ���u �r� .��
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RE � Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced �le
as MEP & PRR CO., Abstract #927, Tract 35, Denton County, Texas and being commonly known as
221 N MAYHILL ROAD, DENTON, TEXAS 76208 ("Property").
We are pleased to enclose an Owner's Title Policy No. 103-0-102468 from TITLE RESOURCES GUARANTY COMPANY,
issued in connection with the purchase of the property described in the Title Policy.
The enclosed Title Policy is an important legal document, so please safeguard it with your other important papers.
TITLE RESOURCES appreciates the opportunity to be of service to you and hope that you will remember us should you
have a future need for the services of a title company.
Please call if you have any further questions or if we can be of further assistance. Thank you again for letting TITLE
RESOURCES help you with the purchase of your property.
Gail Green
Policy Processor
gail@trnt.net
Enclosure
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525 South Loop 288 Suite #125 * Denton, Texas 76205 * Office (940) 381-1006 '� Metro (940) 243-2913 * Fax (940) 898-0121
103-0-102468
OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be glven 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, TITLE RESOURCES GUARANTY COMPANY, a Texas 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 pertorm 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 "encroachmenY' includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of
Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. 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.
6. 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.
7. 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.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. 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 a judgment or lien creditor.
10. 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.
� ���# ++�� Tttle Resor�rces Guaranty Co»�paiey
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s��r-4�,,»,. ���� "+�� By: �l.c,,�� jl�� 'L�-
J a� i°7"
rt ii[fiinrir.s�cf.��7xiu�ur!� �Y'���,� �'�. ExecutiveViceP�^r�5sitpi�i9Y
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�`P4'fi& � 'SF
u5d1C;�f15iJ.if .
Form T�1: Ovvner's i° I �r nly in Texas} Effective 1/03/2014
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TLTA T-1 OWNER'S POLICY (2/1/10)
. � . . � �
'1
Name and Address af Title Insurance Company:
File No.: 102468
Amount of Insurance: ' $54,932.00
Policy No.: 103-0-102468
TITLE RESOURCES GUARANTY
COMP Y
8111 LBJ Freeway, #1200, Dallas, TX 75251
Date of Policy: � February 26, 2014
1. Narne af Insured:
^� CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
2. The estate or interest in the Land that is fnsured by this policy fs:
, Fee Simple
3. Title is insnred as vested in:
; CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
4. The Land referred to fn this policy is described as follows:
Polfcy No.: 103-0-102468
Premium: $689.40
Being a tract of land (Mayhill Road, Parcel M076 0.106 acres) situated in the M.E.P. & P.R.R. Co.
Survey, Abstract No. 927, City of Denton, Denton Caunty, Texas, and being mare particularly
described in Exhibit "A" and Exhibit 66B" attached hereto and made a part hereaf for all purpases.
File I�o.: 102468 Page 1 of 3
Q8 TLTA—T-1 Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10)
� ,.., � ! �: R� � � � � �
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.�.�.�. � •. ��.. � � .... • :� 1
Policy No.: 103-0-102468
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
ar 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:
The following restrictive covenants of record itemized belaw (the Company musi either insert
specific recording data or delete this exception):
Item No. 1 is hereby deleted.
2. Shortages in area.
3. Homestead or cammunity property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles ar rights asserted by anyone, including but not limited to, persons, the public,
corporations, governments or other entities,
a. to tidelands, or lands camprising the shores or beds of navigable or perennial rivers and streams,
�:�
c.
d.
e.
lakes, bays, gulfs or oceans, or
to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
to filled-in lands, or artiiicial islands, or
to statutory water rights, including riparian rights, ar
ta the area extending from the line of inean low tide to the line of vegetatian, or the right of
access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority far the year 2014, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or awnership, but noi those taxes or assessments for priar years because of an exemption
granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of
improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters
(The Company must insert matters or delete this exception}:
a. Undivided interest in Oil, Gas and other Minerals reserved in deed from MRS. ALICE
KEITH to W.C. T IL filed July 27, 1956, recorded in Volume 423, Page 371, Deed
Records of Denton County, Texas. (Title to said interest not checked subsequent thereto.)
� � � 1' �. �� . . � � � !' � � ! �� R�. .♦ . �:� R ♦: ',. � �'.
,' - �'" l' i • �"�' fI �� !,�- i �-'� �' � # • �' ! •
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File Na.: t Q246� Page 2 of 3
08 TLTA—T�l Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10)
' � 1 • ��
d. Easement executed by B.H. WILLIAMS and wife, DONA WILLIAMS to TEXAS
POWER & LIGHT COMPANY filed June 15, 1948, recorded in Volume 342, Page 37,
Deed Records of Denton County, Texas.
Terms and provisions and conditions of Joint Use Driveway Easement Agreement
executed by and between KENNETH L. STOUT and D.J. HALSEY OR KATHERINE
H. HALSEY, TRUSTEES, OR THEIR SiJCCESSORS 1N TRUST, UNDER THE DON
AND KAY HALSEY LIVING TRUST DATED OCTOBER 8, 1993, AND ANY
AMENDMENTS THERETO, filed September 19, 2012, recorded under CC# 2012-
105561, Real Property Records of Denton County, Texas.
f. Mineral Estate and Interest as described in Deed executed by KENNETH L. STOUT AND
WIFE, GLADYS F. STOUT to the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal
Corporation filed February 26, 2014, under CC# 2014-16777, Real Property Records of Denton
County, Texas. (Title to said interest not checked subsequent thereto.)
File No.: 102468 Page 3 of 3
08 TLTA—T-1 Owner's Palicy
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EX I IT A- ta Speci�l ar nty e
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MAY�iL ROAD
� PARCEL N�p76 � � �
0,106 Acre ' .
City of Denton, Denton Couuty, Texas
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t A M:11 MI �=.',I 41 11 f ;11! �' I! C; 4 (�': �'�� � �.�1 � i' �.�1.�# 1 A�`"i i' °_��f
i�� � � 4 � t �,, � � "r�' ,' i.:; ' ���. . + i� l:� � �� � � i � �R a � ,� �z �.' ,��
� � i : + : � ' � ����., � ' � i : � fi,
'� BEGiNNING at a 1/� inch inott rad with yeltow cap ����d "�ur �urv��� +�����y'" (A,S.C.) set�far the
. � o t � s ut ct e sou c�����r �i��t �t �f �at�d ��+c��ad by ��e e t ,
. to oi e 5, o lyT, . ...1 i. . � te � y
right-of way llm of Mayhill Raad; ,
a � o e • u 5 seonn esi, v�it� �� �x��tir� �vcs��l� �i�t��nf �v�� �i�� taf�d
. y i � or 1 2. t ta 1 ar�� ��' �i� �r��l�w �� r���tl `°�.'�.�;" ��t ir�� t��
. 'so t ' t , t al. l3TT, . ) �c� fh� ��r� +�rr��r �� I�i� C}a�� �� E�t �+Sc�ir�n��
. , '' •o 'an . ���i�ian � e�� C{ty af ��ato� l�t�e� ��t�, '��a�, ����r�iu� i�a #�� �N�t � �, • .'
. o ' et , e 37 , ���k ���+�rd�, i��n�a� ��t��r, T�xa�; ° , >.
��� �I�� �� d� �� rnia�utes 3 s o i e li e i��ut �al. 137i, ��, �i'��
, �d �t� n��t ��s� n��i� ������ i o c f.71 � if� �ri�it i�n a�d �vi� �+���+�w
. �� si p��i "���a�.'° ��� � car,���r � ,
? e i i u 4� �a,���� i�t�s� ov�r �d ��� �tt�� �taut ��t �V'�fF l 7r • ), .
� 0 1 . t ' 1 i �rd w��� y�l��� � �t�a�d'��.�,�." ��. �r �ar��r � ' I`
�' I. i37T, . ) li o sadd ��ut t�� �"�+�I: �25, ��.,1 �7�; .
� e 1 i a li ` t 1.,1 ;�
s i f t 1. , 1 .�.I e �,
and contaiaing {i.106 aore of tand� mare or less. . ,
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TLTA End T-19.3
MTNERALS AND SURFACE DAMAGE
�� � .. ♦ ��. R' � , ��' [ ����.. , • R.. �.
ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE 1NSURANCE
sERiaL NuMBER 103-0-102468
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. � . . . . � ., .
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Order No.: 102468
The Company insures the insured against loss which the insured shall sustain by reason of damage to permanent
buildings located on the Land on or after Date of Policy resulting from the future exercise of any right existing at
Date of Policy to use the surface of the Land for the extraction or development of coal, lignite, oil, gas or other
minerals excepted or excluded on Schedule A, Item 2 or excepted in Schedule B. This endorsement does not insure
against loss resulting from subsidence.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms
and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an
express provision of this endorsement, this endorsernent controls. Otherwise, this endorsement is subject to all of the
terms and provisions of the policy and of any prior endorsements.
Countersigned by:
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TITLE RESOURCES ,/A.�`� y �' ,��' �� .�---
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Order Number: 102468
TLTA End T-19.3
Page 1 of 1
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 which arise by reason of:
(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 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 sustained if the Insured Claimant had paid value for the Title.
4. 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.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
6. 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.
CONDITIONS
1. 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 ClaimanY': 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.
(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.
2. CONTINUATION OF INSURANCE.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
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.
3. 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 liabiliry 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) indemniiy the
Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore, 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,
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.
4. 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.
5. 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.
6. 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, 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.
7. 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.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to
pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to
make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or othervvise 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 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.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or
damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance
with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the
Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and the
completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage
caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as
insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of
the payment.
11. 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.
12. 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.
13. 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 address subrogation rights.
14. 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.
15. 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.
(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.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
(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
capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the
Schedules that refers to the 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.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged
therefor in reliance upon the law affecting interests in real property and 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 couR 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.
18. NOTICES, WHERE SENT.
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
8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
FT (6/2001)
File No.: 102468
. � .
Privacy Policy Notice
� . ��. � � ;
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal infortnation about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Tl 1 LL' liL` ti7o V 1`l.L` �7g LLI.. (66 111 LL` 1`L` �7o V iil.L` �7").
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive froin a consumer-reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal infonnation will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
1 � � ' 1 � 1 ' :' " ' i 1' � ' � : �
�, � �. � .�� � �
' " 1 :
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
FT (6/2001)
File No. 102468
. � . ,., � �.
Privacy Policy Notice
I'' ''� � �
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
VJe also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
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We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
G.F. Number 102468
IMPORTANT NOTICE
To obtain information or make a complaint:
1. You may contact your title insurance agent at (940) 381-1006.
2. You may call TITLE RESOURCES GUARANTY COMPANY's toll-free telephone number for
information or to make a complaint: (insert underwriter information).
3. You may also write to TITLE RESOURCES GUARANTY COMPANY at (insert underwriter
information).
4. You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at 1-800-252-3439.
5. You may write the Texas Department of Insurance,
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@.tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact the title insurance
agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
1. Puede comunicarse con su agente de seguro de titulo al (940) 381-1006.
2. Usted puede Ilamar al numero de telefono gratis de TITLE RESOURCES GUARANTY COMPANY's
para informacion o para someter una queja al (insert underwriter information).
3. Usted tambien puede escribir a TITLE RESOURCES GUARANTY COMPANY: (insert underwriter
information).
4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de
companias, coberturas, derechos o quejas al: 1-800-252-3439
5. Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://vwvw.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente de seguro de
titulo primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en
parte o condicion del documento adjunto.
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