2013-035s:llegal\our documentslordinances113\edwards ordinance.doc
ORDINANCE NO. 2013-035
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE A PURCHASE AGREEMENT (HEREIN
SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A",
BY AND BETWEEN THE CITY OF DENTON (THE "CITY"), AND ROBERT EARL
EDWARDS, DONALD EUGENE EDWARDS, MYRTLE ELIZABETH (EDWARDS)
MCSWEEN AND WILLIAM WARREN EDWARDS (COLLECTIVELY, THE "SELLER")
CONTEMPLATING THE SALE BY SELLER AND PURCHASE BY CITY OF A 0.289
ACRE TRACT OF LAND, MORE OR LESS, BE1NG GENERALLY LOCATED 1N THE 1500
BLOCK OF NORTH MAYHILL ROAD, 1N THE M.E.P. & P.R.R. COMPANY SURVEY,
ABSTRACT NO. 1469, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS (THE
"PROPERTY 1NTERESTS") FOR THE PURCHASE PRICE OF THIRTY FOUR THOUSAND
DOLLARS AND NO CENTS ($34,000.00); AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE AND DELIVER ANY AND ALL OTHER DOCUMENTS
NECESSARY TO ACCOMPLISH CLOSING OF THE TR.ANSACTION CONTEMPLATED
BY THE PURCHASE AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an offer to the Owner to purchase the Property
Interests on September 21, 2012, pursuant to Ordinance No. 2012-229, passed and approved by
the City Council of the City of Denton on September 11, 2012;
WHEREAS, Owner has made a counteroffer to the offer of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City. 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 (a) execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of $34,000.00
and other consideration, plus costs and expenses, all as prescribed in the Purchase Agreement;
and (ii) any other documents necessary for closing the transaction contemplated by the Purchase
Agreement; and (b) make expenditures in accordance with the terms of the Purchase Agreement.
SECTION 3, If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding sha11 not affect the validity of
s:llegallour documentslordinances1131edwards ordinance.doc
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �� day of j,!/ 2013.
�'
MARK A. BURROU�S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: )
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 2
EXHIBIT "A"
s:li�gal\our documentslcontractsll2\edwards purchase ag�eement doc
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, 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 �FFER OR AGREEMENT
IS SUBJECT TD CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "AgreemenY') is dated ���?/�? �%%' // ,
,
2012, but effective as of the date provided below, between Robert Earl Edwards, Donald Eugene Q•�
N�,�-°,-`" �i �Sw.R� f.�
Edwards, Myrtle Elizabeth ('Edward�,�and William Warren Edwards (collectively referred to Z
herein as "Owner") and the City of Denton, Texas ("City"). �-
WITNESSETH: ~Q�
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WHEREAS, Robert Eart Edwards, Donald Eugene Edwards, Myrtle Elizabeth(Edwards�and
William Warren Edwards are the Owner of a tract of land (the "Land") in the M.E.P. & P.R.R.
Co. Survey, Abstract Number 1469, Denton County, Texas, being affected by the public
improvement project called the Mayhill Road Widening and Improvements Project ("Project");
and
WHEREAS, City is in need of certain fee simple lands, being a part of the Land, related to
the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
s:ltepallour documentslcontracts1l21edwards purchase agreement.doc
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 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.
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment l ".
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves,
their 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, their heirs, devisees, successors and assigns, shall not
have the right to use or access the surface of the Fee Lands, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without limitation, use
or access of the surface of the Fee Lands for the location of any well or drill sites, well bares,
whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or
tank batteries, pipelines, roads, electricity ar 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 sha11
exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances 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).
2
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As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above t�ie �
surface of the earth. ��P
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2. As consideration for the granting and conveying of e Fee L ds to the City, the City shall pay
to Owner jointly at Closing the m of� ��f our,,/�Tho� and
b -��p�a 1 -
/ d S /V�-ZZ..i ��, ''W�
No/100 Dollars ($��00). The monetary compensation prescri ec� in this Section 2 is herein
referred to as the "Total Monetary Compensation".
3. The Owner shall convey and grant to the City the Fee Lands free and clear of all debts, liens and
other encumbrances (the "Encumbrances"). The Ov►mer shall assist and support satisfaction of all
closing requirements of the City in relation to solicitation of releases or subordinations of the
Encumbrances and other curative efforts affecting the Fee Lands, 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 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no furkher obligations under this Agreement.
4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes 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, laradscape, vegetation, or any other structure or facility of any kind within the
Fee Lands related to aciivities conducted pursuant to the City ownership of the Fee Lands,
interference with Owner's activities on other property interests of Owner, caused by or related to
activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner
3
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hereby releases for themselves, their heirs, devisees, successors and assigns, the 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.
5. 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 90 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.
6. 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 yeax
in which Closing shall occur shall be proraied between Owner and City as of the Closing Date. If
the actual amount of t�es for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
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 assessznents for prior years due to
change of land usage or ownership occurring prior to the Closing Date) and City shall pay for those
taxes attributable to the period commencing as of the Closing Date. All other typical, customary and
standard closing costs associated with this transaction shall be paid specifically by the City, except
for Owner's attorney's fees, if any, which shall be paid by Owner.
7. The latest date on which this Agreement is executed by the Owner shall be the "Effective Date"
of this Agreement.
8.A. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity to
4
s:Uegal\our dooumentslcontracts\I2ledwards purchasc agreemenkdoc
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.
9. 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.
10. From and after the Effective Date of this Agreement, tl�rough and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands; or (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.
11. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and received 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:
,�obert Earl Edwards
�. ��- E� � � �"'
a��� �M � S��N
�C�.�'^�o �?S � � �`�°I
Phone � y� -�F � � ^ � �t z
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-$951
5
s:lfe�allour documentslcontracts1121edwards purchase agreement.doc
Copies to:
For Owner:
Donald Eugene�Ed�w���
--�--
'�--3 � � �s :,�,.4 Q I
� �-f' ���
Telecopy:
For Owner:
For City:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 3 82-7923
Myrtle Elizabeth �Edwards � N1 t S''a �� �
%�� �. � � �'C��,�--
L �-o L � .�,�✓b �d
,K�_...�—, � � � �—� �
Telecopy:
For Owner:
Willi�am Warren dwards
r.�w..
�1 �• W.�„ I
.� p �
Telecopy:
12. 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.
13. The representations, warranties, agreemeuts and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed.
14. 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 taking of
s:Uegallour documentslcontracts1l21edwards purcha�e agreement.doc
any portion of the Fee Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
15. Authority to take any actions that are to be, or may be, taken by City under this Agreement,
including without limitation, adjusting the Closing Date of this Agreement, 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.
16. This Agreement may be executed in any number of counterparts, all of which taken
together shall constitute one and the same Agreemer�t.
CITY OF DENTON, TEXAS
By: ,, �--
GE GE C. CAMPBELL,
CITY MANAGER
Date: . � � :t_ .2012
ATTEST;
JENNIFER WAL'T
I:`
CITY SECRETARY
2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � ' �
Date: �f�n•��' � , 2012
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OWNER:
�� ����
ROBERT EARL EDWARDS
Date: � j r r � I� , 2012
�
DONALD EUGENE DWARD
Date: j / � ( 3 , �8'T�
y�=� � �� �v�� ��--
MYRTLE ELIZABETH�EDWARDS ►'ncsw ee►�
Date: I, ` � � � � � , 2012
1,c� 1��.,�., ���@,�- ����
WILLIAM WARREN EDWARDS
Date: f � � `� - � 3 , 2012
s:liegallour documenLslcontracts1121edwards purchase agreement.doc
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
:
Printed Name:
Title:
Contract receipt date: , 2012
�]
s:llegallour documentslcontracts1l21edwards special warranty deed.doc
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY 4R 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.
SPECIAL WA►R.RANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
§
§
§
/�'` � �M
That Robert Earl Edwards, Donald Eugene Edwards, Myrtle `Elizabeth(Edwards� �►
KNOW ALL MEN BY THESE PRESENTS:
and William Warren Edwards herei� coll��j3� ca5leFid "Grantor"), for and in
��L
consideration of the sum of FOUR TI�USA �, _
AND NO/100 DOLLARS ($� ,' �a� �}, and othe� od an valu bl �g �
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 sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GR.ANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A" and depicted in E�chibit "B", 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 fixtures
thereon and all other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
s:llegallour documenls\contracts1121edwards special warranty deed.doc
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals andlor 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 ihe 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 sha11 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 af the Property. The intent of the parties hereto is that the meaning of the
term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
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 ta WARI2ANT AND FOR�VER 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.
Page 2 of 5
s:llegallour documentslcontracts1121edwards special warranty deed.doc
EXECUTED the
THE STATE OF TEXAS
COUNTY OF DENTON
day of , 2012.
C� �-(h)^-� �� b-�.9
Robert Earl Edwards
��/�
� l_a
Donald Eugene Edwards
,�.� �� ?'��-
Myrtle Elizabeth Edwards N1. e S�w ���
�� _ L�a�,►�..- �'� c�
William Warren Edwards
ACKNO WLEDGMENT
This instrument was acknowledged before me on , 2012 by
Robert Earl Edwards.
Page 3 of 5
Notary Public, State of Texas
My commission expires:
s:llegallour documentslcontracts1121edwards special wairanty deed.doc
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 by
Donald Eugene Edwards.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrurnent was acknowledged before me an , 2012 by
Myrtle Elizabeth(�dwards� `pvt� �,,:, �-.- .
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 hy
William Warren Edwards.
Notary Public, State of Texas
My commission expires:
Page 4 of 5
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Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 5 of 5
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT A- to Special Warranty Deed
rthur Sur�eying Co., I ne.
.�'x�ofession�.i L�na surv�,yvxs
Y.O. 8ax 54 ---Lcwiaville, Texas 75067
Of�ce: (972)221-9439 �-- Fax: (97�) 221-4675
EXHIBIT ��A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M025
� 0.289 Acre
City o� Denton, Denton County, Texas
BEING all' that certain lot, tract or parce] of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469 and being part of that certain tract of land described by deed to Earl Edwards and wife, Ruth Edwards,
recorded in Volume 1546, Page 775, Real Property Records, Denton County, Texas (RP.R,D.C.T.), and being more
pacticularly described as follows;
BEGINNING at a"PK" Nail set in Mayhill Road for the southeast corner of said Edwards tract and khe northeast
cotner of a tract of land described by deed to Habib Pyarali Arab, recorded under Cozanty Clerk's File Number 2000-
68658, Official Public Records, Denton County, Texas (O.P.R.D.C.T.);
THENCE South 80 degrees 18 minut�s 15 seconds West, with the south line of said Edwards tract and the north
line of said Arab tract, passing a 1/2 inch iron rod found at 30.99 feet, continuing on for a total distance bf 72.42 feet
to a 1/2 inch iron rod with yellow cap stamped "Attiiur Surveying Company" (A.S,C.) set for corner at the
beginning of a non-tangent curve io the Ieft whose radius is 1132.50 feet;
THENCE over and across said Edwards tract, with said curve to che le#t, having a centrel angle of OS degrees 35
minutes 32 seconds, whose chord beazs North OS degrees 34 minutes 29 seconds East, a distance of 110.49 feet, an
arc length of 11U.53 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE North 02 degees 46 minutes 43 seconds East, over and across said Edwards tract, a distance of 80.72
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner in the north line of said Edwards tract
and the south line of a tract of land described by deed to Jerry M, Kelsoe, recorded in Volume 1823, Page 134,
R.P.R.D.C.T.;
THENCE North 80 degrees 18 minutes I S seconds East, with the north line of said Edwards tract and the south line
of said Kelsoe tract, a distance of b6.55 feet to a"PK" Nail set in Mayhill Road for the northe'ast corner of said
Edwards tract and the soukheast comer of said Kelsoe tract;
THENCE South 02 degrees 40 minutes 25 seconds West, with Mayhill Road, a distance of 189.81 feet to the
POINT O�' BEGINNING and containing 0.289 acre of land, of which 0,113 acre lies within existing 11iIayhiil
Road.
A �\�
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cxio�i3i-9
?arcel M02S
EXAIBIT B- to Snecial Warrantv Deed
Concrete
I Monument
Found (�M.)
I y,�� �
� ,���,.
1�°� ����
� D'
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Noah L. Turrubiarte I '� '�,
N
Valume 2971, Page 177 � �.� derry M. Kelsoe ;.�� 60 0 3U 60
y� Volume 1823, Page 134 �N
I �� Z � � SCALE: 1" = 60'
1 Beerings shown hereon based on the City of
*�' ,N800 � 5���' Denton GIS Network.
��� �S 55� .os �� set or�
{ �,�t.5. z
�Or ���--�� ^ New Itight of-way a.175 ac. (7,629 sq. ft,)
I.R.F. 'Q�'��rr.�5��y,r tg9•75 � Existing Implied Dedication 0.113 ac. (4,937 sq, ft.)
(C.M.) ��' s$018 c•� -
�� `7' � � � Q.289 Acre (12,566 sq. ft.)
� � c� � � � R�ght-�f-Way
�Q � o °p � �rn�' � Farcel M025
( �,�, exlating � I .o ~ O
6�qding � /y O NOTES:
( LR.S. �. T+ � � � � ++1 r�4 �.R.F. = I/2" Iron Rod Found
buttding b N �`M1^ �e�y � • I.R.S. = 1/2" Iron ltod Setwith
R=1132 50 � ` ��� � �� yellow cap stamped � Adhur
Earl Ed�rards and o o ,;, Surveyuag Company •
wife, Ruth Edwerds L=110.53' 1 � Nd •� • All [mprovements not shown
� Volutne 1b46, Page 775 �=05°3$�32`x u� � Cq � hereon.
I • Besements recorded ir► Vol. 266,
Cbd.=N05°3�4'2�9"E '� I � • pg. 72, voi. 3os, �g. 2s� & voi,
I 110.49� �, l.R,F. at � 462, Pg, 333 do not affect this Vact
j 30.99' to the best of my knowledge.
� (C.M.) 'PK" Nall
� exlsNng x 'G' S6f
, bupd/ng
�. .S. �g, 5„�, P. o. .
r- �' x ��O �1 f --SO 35 49�uw
.� _ x J 72•`{
y 1,�r x' x x
�R•F•
�o � �� f � {C.M•) �
4•4�0 � 14'A�7°W �
t������ S8 �3 �6' � � �
�"' ` nd& M �_^�
EXHIB IT "B "
Ma hill Road
Rl��t--O�—�a
Parcel M025
0.289 acre in the
M'.E.P. & P.R.R. Co. Survey,
Abstract Number 1469,
City of Denton
Denton County, Texas
-- 2011 --
� a
/
� �
��t
�, jfi SURV&YOR9 CERT[PlCATIDN:
A�y."�'` TLe uaderelgned doen hereby cmdfj� ta �de
Reaotuare {p.F, No. 102398) thet 8ils survey wes
rhJe day mxdo on tLo ground aFthv proporty 1e�J1Y
dcscribed boreon aad ls caffect, end to tho bort of
myknowtadgc, rhoro ero nn visib►e dlscvepeuclos,
cont[Icts, sLortagm in erea, 6ouuderylino aonDio�,
maroechmwdy os�PP�B oPlmprovemtam
ouemenfe nrrlgltfa oFwey tLetlLave 6eeo edviaed
ofwrceptaeehownhaeoa, .
rthur Surveying Co., Inc.
�r,���r r,�ac s��
P.O.Hoa 64 - Lerrlevllle. Te:ea 76087
Oflice: (972) 821-9439 Faz: {972) 221-4876
Eatathliehed 1988
� �„�� ���
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR A,LL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUN[ENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT [S FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THE��E PRESENT5:
That Robert Earl Edwards, Donald Eugene Edwards, Myrtle Elizabeth (Edwards)
McSween and William Wanen Edwards (herein collectively called "Gra�ztor"), for and in
consideration of the sum of THIRTY FOUR THOUSAND AND NO.'100 DOLLARS
($34,000.00), and other good and valuable consideration to Grantor in l�and paid by the
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporati�n (herein called
"Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufiiciency of which
are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly described in Exhibit "A" and depicted in
Exhibit "B", attached hereto and made a part hereof for all purposes, anc being located in
Denton County, Texas, together with any and all rights or interests of (Jrantor in and to
adjacent streets, alleys and rights of way and together with all �.nd singular the
improvements and fixtures thereon and all other rights and appurtenances thereto
(collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and uther minerals in,
on and under and that may be produced from the Property. Grantor, the.r heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, wr.ether vertical or
any deviation from vertical, water wells, pit areas, seismic activitie�,, 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, �nining 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.
Wylre, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Gra�itee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARItANT AND FOREVER DEFEND all and singular tl�e Property unto
Grantee and Grantee's successors and assigns, against every person who�nsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
� �
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. �... .�
Page 2 of 4
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� � � �� � ��� � � ��..� �� . ��
Roberi Earl Edwards Donald Eugene WEdwards ���
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° ,,, � �� � � � ,� � ��
� _�� .-.�.�...�__�w� __�._._.�. ........� �..�_�... ��, ��'�.�.�.. ��::.���.�..��.� �"�"
Myrtle Elizabeth (Edwards) McSween William Warren Edwards �
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on _ ��'"�m�� �����"'�� , 2013 b
Y
Robert Earl L��r��r�l� ��� `��� �
� ��
r � �tid' ` �, � ���� �
� y y„ � � �. ��� � � � ��'� � ���
$� .
�.,� ` � � u'"% JGk� . � u� �� �" �.� � � �� „
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„�� ��-� � �"a� ��� u�� ����,� State �f Te ����..
��,� � �
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�� ��� .. xas �
My �cF�a������°��sion expires: _ „ _
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
� �w��° � �
This instrument was acknowledged before me on _� � m �� �_ , 2013 by
Donald Eugene �:���r�;��i��� � ''",,� a �
� , � r
�� �`���,� ��G " � *��
���to � r,� L � � � � ��
o!, t� tA.ltii , �✓ r ��� d �,�a �,�r �
.As, ,� � � � l�e f !�.w*^ ��....�.� ��."�^ __'_.
m � "
o �` ��� �� �"�"ci� ax��"�"" �al�c, State of Texas
My �;c��i�:���u� exp�res: ___.
Page 3 of 4
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
�
� � ��M
�
This instrument was acknowledged before me on ����r .,�J�" �" �, 201 ��y
��. ..�
Myrtle Elizabeth (Edwards) Mc�a�v�r�����ro. �5�
� �� �'"�� , t ° k. "�
I "' `i r� ��q°,;'s
� v i i rf `� � ���
y� � �� �
THE STATE OF TEXAS
COUNTY OF DENTON
�����r�r"�"�lic, State �f Texas
My ����n�� �:�����r� expires:
ACKNOWLEDGMENT
��
� ��� �� �;��,,.,.,...
This instrument was acknowledged before me on ���`y°µ� T 2013 by
William Warren Edwards ,,� ���°��� �"
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a � � �� ���
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� ,+✓� : �f 9 y�� 6 , �, � � .w
�,�� ��"",� �� �Q , �� ��„� �,,�� �°� .��, 0'���c��s���� ���c�s State of Texas ��
, � � � ��
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��� �� ��6 �� ',� ` � ssion exp..res:
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 4 of 4
Property Tax Bills To:
City of Denton Finatice Department
215 E. McKinney Street
Denton, Texas 7620 l
EXHIBIT A- to Special Warranty Deed
rthur Surveying Co., I nc.
� P�l+"esarioasr .La,zza swrv+tyo�rs
P.O. Box S4 --� Lewisville, Texas 75067
Offoa: (972) 221-9439 �- Fax: (972) 221-4675
EI��IIBTI' "A"
MAYHILL ROAD
PARCEL M025
0.289 Acre
City of Denton, Denton Connty, Tezas
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.RR Co. Survey, Absh�act Number
1469 and being part of that certain tract of land described by deed to Farl Edwards and wife, Ruth Edwards,
recorded in Volume 1546, Page 775, Roal Property Records, Denton County, Texas (R.P.RD.C.T.), and being more
particularly described as follows:
BEGINNIlYG at a"PK" Nail set in Mayhill Road for the southeast corner of ssid Edwards tr��ct and the northeast
corner of a tract of land descn'bed by deed to Habib F'yarali Arab, racorded under County CIe��C's File Number 2000-
68658, Official Public Records, Deaton County, Tex� (O.P.RD.C.T.); �
THENCE South 80 degees 18 minutes 1 S seconds West, with the south line of said Edward: tract and the north
line of said Arab tract, passing a lIZ inch iron rod fouad at 30.99 feet, continuing on for a total distance of 72.42 f�eet
to a 1�2 iach iron rod with yellow cap stamped "Arthur Surveying Company" (A,S.C.) set for corner at the
beginning of a non-tangant curve to die left whose radius is 1132.50 fee�
THENCE over and across said Edwards tract, with said curve to the left, having a central ang]e of OS degrces 35
minutas �2 seconds, whose chord beazs Notth OS degrees 34 minutes 29 seconds East, a dista»ce of 110.49 feet, an
arc length of 110.53 fcet to a lrl inch iron rod with yellow cap sramped "A.S.C:' set for corn�x;
THENCE North 02 degrxs 46 minutes 43 seconds East, over end across said Fdwards tract, a distance of 80.72
fcet to a 1/l inch iron rod with yellow cap stampad "A.S.C," set for corner in the north line of said Edwards h�act
and the south line of a tract of land described by deod to Jerry M. Kelsoe, recorded in Volume 1823, Page 134,
RP.RD.C.T.;
THENCE North 80 degrees 18 minutes 15 secottds Eas� with tite north line of said Edwards tract and the south line
of said Kelsoe tract, a distance of 66.55 feet to a"PK" Nail set in Mayhill Road for the northeast corncr of said
Edwards tract and the southeast corner of said Kelsoe tract;
THENCE South 02 degrees 40 minutes 25 seconds West, with Mayhill Road, a distance of 1,39.81 feet to the
POIIVT OF BEGTNNING and containing 0.289 acre of land, of which 0.113 acre lies within existing Mayhill
Road.
�,2
�.�3
C1107131-9
Peroel M025
EXHIBIT B - ��r ��a��w�l' Warranim� Deed
Concrete '
Monumen t �
� Found (C.M.�
w "��;� l�l
� �,.
�� �. �
� �
Nonh L'hirrubiarte N ,� Jerrq 1L IGelsoe cv� � 60 � �0 �(i
Volume 2971, Psge 177 N Volume 1829, Page 134 gN �°, " "
'�r z � SCALE: 1" � 60'
� Bauuigs shown 6eroon b�eed on the City of
�+4�'+ '���� � �+"� �'�� Denton GIS Network.
� 4�!����� 'PK�Nap
� S M.N�.��. � � �.
� ""� � New Pa�cel 0.175 ac. (7,629 sq. R)
r.R.F, ��,�~� �� "�� �acustin , l� �i�cl Dedication o.t 13 ac (�,'����� �
(C.M.) �^ �B� � --.
� � � � . �' Parcel �¢� (t2,s6� sy. R)
�° ` �
�, � � � M025
�,4 � � " '�° �
e�r�rtNly „� ~
a O ] dOTES:
i � buad�hg � �,�, � � � � �' � a '� � I.RF. = tr2" Iron Rod Found
t
��� , ''` ' � � N � � I.RS. ° 1/2" Iron Rod Set with
I �-1 ���,�� t � ��° p 'c�� yellowcap stampea NArihur
E nr l E dwa r da e a d �' �v o t S u t v e Y i n g C o m P a n y
wlte, Ruth Edwerde I.-11 �.53� � � All impmvemenis not ahovm
� Volume 1548, Page 776 Q�S°35�32 x �� � b01CO°'
� �"�C�.�'���,°��"����,� � ' � Eesementa mcorded in Vol. 266,
� Pg. 72, Vol. 308, Pg. 257 & Vol.
I ► ���� 462, Pg. 333 do not aPfect this trect
110.49 x ���� ��� to the best of my Imowledge,
(� f ��.�r. I�r�" rvan
� ���r�� I � , ��
���� x � . � '.
� � _ Nx .�. ��� 1 �" � ��� �cr'���N ,
_ _ � — "" �� x � X J 72.�}2 3�. �9
.� 1R.F�
� � (C.M.)
'�, S� '"�i�
'"' ��,�1�°�� »%3�''�r *� . � �..� ,�'
f � �i",� �* �� ���,c�tii�lP;�r�„��G++ ��M� � � "l
EXHIB IT "B "
Mayhill Road
Parcel M025
0.289 acre in the
M.E.P. & P.R.R. Co. Survep,
Abstract Number 1469,
City o! Denton
Denton County, Tegas
—2011 —
nakmwleae,l�e a� ro.i�1. QYdep.dq,
���b����
�����
�����������
������
rthur ��urveying Co., Inc.
��tr..� �
P.O.Bo: 64 — Lewl�tllle, Tezu 76067
ocn�: (er�) z�i- 94se ��: (e�r�) z�i-4ays
Brla�bllshed 1o8A
.:,����'.�..,
�� � rthur Surveying Co., I nc.
�� °�h
�roFessio.ria3 ��xed Surveyoxs
P.O. Box �4 -• Le�visville, Texas 75067
OlYiou: (972) 221-9439 •- Fax: (972) 221-467�
EXHIBIT "A"
MAYHILL ROAD
PARCEL M025
0.289 Acre
City of Denton, Denton County, Texas
BEIIVG all that certain lot. tract or parcel of land situated in the M.E,P. & P.R,R. Co. Survey, Abstract Number
1-169 and bein; part of that certain tract of land described by deed to Earl Ed�vards and wife, 12uth Ed�vards,
recorded in Volume 1546. Page 77i, Real Property Records, Denton County, Texas (R.P.R,D.C,T,), and being more
particularly described as follo�vs:
BEG1NNIlYG at a"PK" Nail set in Mayhill ltoad for the southeast corner of said Edwards tr:�ct and the northeast
corner of a tract of land described by deed to Habib Pyarali Arab, recorded under County Clerk's File Number 2000-
686�8, Official Public Records, Denton Counry, Texas (O.P.R.D.C.T.);
THENCE South 80 degrees l8 minutes I i seconds West, �� ith the south line of said Ed�vard�, tract and the north
line of said Arab tract, passino a 1? inch iron rod found at 30.99 feet, continuing on for a tot� I distance of 72,42 feet
to a 1 2 incli iron rod ���ith ��ello��� cap stamped "Arthur Surveying Company' (A.S.C.) set for corner at the
beginnin; of a non-tangent curve to the left �ti�hose radius is I 132,50 feet;
THENCE over and across said Ed��ards tract, witl� said curve to the left, having a central anf,le of OS degrees 35
minutes 32 seconds, ���I�ose chord bears North OS degrees 34 minutes 29 seconds East, a dista ice of 110.49 feet, an
arc leneth of I] 0.53 feet to a]�2 inch iron rod �vith yellow cap stamped "A.S.C." set for corn:r;
TFIENCE North 02 de_rees -46 minutes �l3 seconds East, o��er and across said Edwards tract, a distance of 80.72
feet to a 1,2 inch iron rod n°ith �ello��� cap stamped '`A.S.C.'' set for corner in the north line o1'said Edwards tract
and tl�e soutli line of a tract of land described by deed to Jen}� Ni. Kelsoe, recorded in VolumE� 1823, Page 134,
R.P.R.D.C.T.;
THE�'CE North 80 deerees 18 minutes 15 seconds East. with the north line of said Ed�vards tract and the south line
of said Kelsoe tract, a distance of 66.�� feet to a"PK" Nail set in Mayhill Road for the northeast corner of said
Edn•ards tract and tl�e southeast comer of said Kelsoe tract;
T}IENCF. South 02 degrees -40 minutes ?5 seconds West, �vith Mayhill Road, a distance of I g9.81 feet to the
PO[NT OF BEGINNING and coi�taining 0,289 acre of land, of �vhich 0.113 acre lies within existing Vlayhill
Road.
��,� ... N �.». 4357'�^�
�,`� � �� �+r.:
"M�~�?",�,�, �'���'��?.�,,�
`��...�� �^��" l� ��
�".,�"�:e�r ,..�""
C.'1107131-9
Parcel \102�
�
�
�����, w
,,
.-
Concrete
I Monumen t {
Found (C.M.)�
I 2
, ��.
b ,�R �A �
, ^� �� �SS�L
I ^.'��
�W
� � �°
�
N
Noah L. Turrubiarte N Jerr M. Kelsoe o o� �
Volume 2971, Pa e 177 "b' y g �N 60 SCAtE.�I 60 ��� �o
B I Volume 1823, Pa e 134
°'i % N .�
I p Z Beai ines shown hereon based on tl�e Ciry of
NgOa l g� ] S��E Denton GIS Nentork.
� "PK" Nail
:F�, 66.55 set
�� �
� I IeR.�. � .
� ,
r I � l. °� Nc�v Parcel 0.175 ac. (7,629 sq. ft.)
L, - � �
�� M) 5�8"15� W 199.75 M� � �E�istitb� �ir��,rlia:��� Dedication 0.1 13 ac. (4,937 �„�, ft.,p
^ - ;. � n � � �._ W �.���� �►��"� (12,566 sq. ft)
� � � � Parcel M025
. ° � Qi
z ; °�
� � ~ 03
' ' exisfing �
� � buildrng ' � 1�0'fL"•S:
�.._
�.R.�, �� � � = � 3 ��
I , . , '� :� � �'' � y , I.R F. - 1/2" Iron Rod Found
���^���������� �J , �p �; N � � f.R,S. - ll2" Iron Rod Set �vith
�R=1 � ��. �� " °` � � p 3 yello�v cap sYamped "Arthur
I Earl Edwards and _ � � ' � o f.y.o Sun•ey�ing Company"
wife, Ruth Edwards L-11 �.53 -� � '' � •� � All improvcmcnts not sho��7i
i Volume 1648, Page �" J5 ������ �"w�� "'� �� � v] �> hereon.
� Easements recorded in Vol, 266,
��j�m����d��r�y�at� �-� � Pg. 72; Vol. 308, Pg. 257 & Vol.
1 �� d����� � � I R F. �r� d62, Pg. 333 da not affect this lract
...._._ � �t7 9�" lo the best of my knot��ledge
� �' j! �'i�,A,�fi,,� °�Pk".. Nail
� , d�xrsC�r�c�� � �� n Set .
I � �a�t�lr�Nrq �, •
�. y ��r �r� n a
.�, _.. _.�. � � A � � ve � �.��-�-Y
,�� ��i� " �
,� -. R �. � �R�"4dJ"�`�^°N
r .....,.� ��.42 P' 35.49�'
� � -"'�
_ � ._.....,,,__ .�
n; ,....,�... X
_ ""�. �--° ' � ��+C i�,� I.�
_tiy ..,,a� wa. �
.�--
EXHIB IT "B "
Mayhill Road
Parcel M025
0.289 acre in the
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469,
City of Denton
Denton County, Texas
-- 2011 --
w � ^�,
�� .."r'� ! � ""'..
1
r�
�RTIFICA770N:
e oe w+ucn�;uw uocs hercby cCrtify l0 7itle
Resoueces (G.. �. No. 102398) tbat �is suevey was
rbis day made c n the �ouod of rLe proarty lagally
descdbed bere sn end is correc� md ro P5e bat of
my�awlodge, eLerc are ao �iaible discrepencies,
canttict9, shora ges ln erea, boundazy line ca�lc�,
rncroachmex ts, averlepping of Improvemeots,
easemeeGS oe ri, �hla of wey t�et d heve 6een edvis�
of �+xsept es ahowe hercon.
rthur ��urveying Co., Inc.
Priv�ssi�n:al Laaa Surnyonc
P.O.Bos 64 - Lewieville, Tezae 75087
Office: (972) 221-•9439 Fax: (972) 221-4876
Eatatblished 1988
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 2013 0�021431
Instrument Number: 2013-21431
Recorded On: February 22, 2013
Parties: EDWARDS ROBERT EARL
To
As
Warranty Deed
Comment:
( Parties listed above are for Clerks reference only )
'"* Examined and Charged as Follows: *k
Warranty Deed 48.00
Total Recording: 48.00
Billable Pages: 9
Number of Pages: 9
******"`***** 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: 2013-21431
Receipt Number: 1006131
Recorded Date/Time: February 22, 2013 03:24:19P
User / Station: S Parr - Cash Station 3
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
�� �����
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THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the dateltlme
printed heron, and was duly RECORDED In tha OTflclal Records of Denton County, Texas.
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County Clerk
Denton County, Texas
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DATE : April 17, 2013
GF NO : 102398
TO „ THE CITY OF DENTON-ENGINEERING
ATTN: PAUL WILLIAMSON
901-A TEXAS STREET
DENTON, Texas 76209
�
RE : Owner's Title Policy (Texas Form T-1) regardi the property described in the above referenced file
as MEP & PRR CO., Abstract #1469, Tract , Denton County, Texas and being commonly known as
1581 N MAYHILL ROAD, DENTON, TEXAS 76208 ("Property").
We are pleased to enclose an Owner's Title Policy No. 91143-14472 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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.F�le No.: 102398 Policy No 91143 - 14472 ____ Premium: $501.95
............ ...._ n. ..... ------ - - -� -- _._--- ...__-- --- — ------- ----- - --....,
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the
Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, 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 othervvise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records
including failure to perform those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental
authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land.
The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto
the Land of existing improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of
Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
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.
� ° r�, +� a�, Ttcle Resources Guaran�y Company
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Form T-1: Owner�S P(ni�y vi i uic iiiauian�.c �i vi vac vniy ui icnaa/
Effective 2/01/2010
TLTA T-1 OWNER'S POLICY (2/1/10)
TITLE RESOURCES GUARANTY COMPANY
SCHEDULE A
Name and Address of Title Insurance Company:
File No.: 102398
Amount of Insurance:
Date of Policy:
1. Name of Insured:
$34,000.00
February 22, 2013
Policy No.: 91143-14472
TITLE RESOURCES GUARANTY
COMPANY
8111 LBJ Freeway, #1200, Dallas, TX 75251
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is insured as vested in:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
4. The Land referred to in this policy is described as follows:
Policy No.: 91143-14472
Premium: $501.95
Being a tract of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1469, City of Denton,
Denton County, Texas, and being more particularly described in Exhibit "A" and E�ibit "B"
attached hereto and made a part hereof for all purposes.
Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any
statement in the above legal description of the area or quantity of land is not a representation that such
area or quantity is correct, but is made only for informational and/or identification purposes and does
not override Item 2 of Schedule B hereof.
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rthur Surveying Co., I n�.
Fs�af+essian�,t Lax�ed 3
P.4. Hax S4 -� Lawieville. ?exas 75067
OfF[oe: (972) 221-9439 � FsuG (972) ?21-4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL Ma2S
0.289 Acre
City of Denton, Denton Connty, Texas
BEING all thet certein lot, tract or parcel af land situated in the M.E.P. dt �.RR Co. S►u�vey, Abstract Number
1469 and being part of that certaist tract of land described by deed to Earl Edwards and w1fe, Ruth Edwards,
rec�rdod in Volwna iS45, Page 775, Rsal Property Records� Denton County, Texas (R.P.R.D:C:T.), and beia$ more
parrticularly descrlbed as follows: , .
BEGINN�iG at a"I�IC" Nail set in Mayhill Road far dse sau�eest corner of said �dwards tract and the northeast
corner of a tract of iand descn'bed by deed to Habi6 Fymali Arab, racarded undar County Clerk's Fite N►unber 2000-
68658, O�icial Publio Rccords, Denton County, Texas (�.P.R.D:C.T.); •
Z�NCE South 80 degre�s 18 minutes 15 seconds West, with the south line of seid 8dwar�s tract and the north
lino of said Arab tract, passing a 1!2 ineh irna rod found et 30.99 fcet, coMinuing on for a toW distattce oi72.42 feet
to a 112 inch Iron rod with yeUow cap stamped "Arthur SurveyIng Company" (A.S.C.) set for corner st the
begi�aing of a non-tangem curva to tha leR whose radi� is 1132.50 feet;
THENCE over and across said Edwards tract, with said curve to tbe leR� haviag a ceatral angle of OS degrees 35
minutes 32 saco�ods, whoss chord beers Nords 45 degees 34.minut�es 29 seccnds East, a distaace of l 10.49 foa�, an
a�c length of 110.53 feet to a 1R inch Iron rod wlth yellow cap stamped "A.S.C." set for corner;
THENCE North 02 degrees 46 minutes 43 secand� Bast, over and across said Edwards traat� a distance af 80.72
feet to a 1/2 inch iron rod with yellaw cap stamped "A.S.C:' s�t for corner in the north line of said Edwards tract
aed the south line of a trect of larrd descri6ed by decd to Jeny M. Ke�soe, recardut in Volume 1823, Page 13�,
RP.RD.C.?.;
'�'�IENCE Narth 80 degrccs 18 minutes 19 seconds Bast, with the noxth iine of satd Bdwards tract aud the south line
of said Kelsoa tract, a distance of 66.SS feet to a"PK" Nail sat in Mayhill Rosd Por tha northeast corner aPsaid
Edwards trect and the southeast corner of said Kelsoe tract; '
TAEiYCE South 42 dagnees 40 mintroes 25 seconds West, with Mayhill Road� a distance of 189.81 fat to th�
PO�V7 OF BEGINN�TG and cantaining 0.289 acre af land� of wluch 0.113 aa�+a IIes within existing IvlsyLill
Roed.
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TLTA T-1 OWNER'S POLICY (2/1/10)
TITLE RESOURCES GUARANTY COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Policy No.: 91143-14472
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) that arise by reason of the terms and conditions of the leases and easements, if any shown in
Schedule A, and the following matters:
The following restrictive covenants of record itemized below (the Company must either insert
specifc recording data or delete this exception):
Item No. 1 is hereby deleted.
2. Shortages in area.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public,
corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled-in lands, or artiiicial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of inean low tide to the line of vegetation, or the right of
access to that area or easement along and across that area.
Standby fees, taxes and assessments by any taxing authority for the year 2013, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or ownership, but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the property under Section 11.13, Texas 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. Mineral Estate and Interest described in instrument filed February 22, 2013, CC# 2013-21431,
Real Property Records of Denton County, Texas. (Title to said interest not checked subsequent
thereto.)
File No.: 102398 Page 2 of 2
08 TLTA — T�1 Owner's Policy
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses that arise by reason of:
(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
predecessorinsured.
(e) "Insured ClaimanY': an Insured claiming loss or damage.
(f) "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.
Q) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the
Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010
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 liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the
Insured notifies the Company as required herein of a
lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the
Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter
is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity
or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not
covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall
specifically advise the
Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall
take one of the following
actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the
Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the Insured Claimant or to a subsequent
owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien,
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.
(c) If the Insured demands that the Company accept a settlement offer that is not greater than the Amount of Insurance or if the Insured expressly
agrees that a settlement offer should be accepted, the Company has a right to be reimbursed if it has timely asserted its reservation of rights and
notified the Insured that it intends to seek reimbursement if it pays to settle or defend a claim that is not covered by the policy.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2I01/2010
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to
pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or 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 othenvise 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,
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010
(a) Tnis 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.
(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 court or arbitrator
apply its conflicts of laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within
the United States of America or its territories having appropriate jurisdiction.
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 2/01/2010
FT (6/2001)
File No.: 102398
TITLE RESOURCES, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
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
TITLE RESOURCES, LLC. ("TITLE RESOURCES").
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.
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.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
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. 102398
• � � , • , � r ,
Privacy Policy Notice
PURPOSE OF THIS NOTICE
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.
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.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
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 102398
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://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el 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.
(i)
TLTA End T-19.3 MINERALS AND SURFACE DAMAGE
MINERALS AND SURFACE DAMAGE ENDORSEMENT (T-19.3)
ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
sExiAL NuMBEx 91143-14472
ISSUED BY
TITLE RESOURCES GUAR.ANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 102398
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 endorsement controls. Otherwise, this endorsement is subject to all of the
terms and provisions of the policy and of any prior endorsements.
Countersigned by:
,
�
�Mr�M,� r
� � ��
f'itle Resources LLC
525 S. Loop 2@S, Ste 125
DeMOn, TX 76205-4515
Order Number: 102398
TLTA End T-19.3
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