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2013-041s:\legallour documentslordinances113\alexander acyuisition ordinance.doc oxDnvaNCE No. 2013-041 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE FEE SIMPLE TO A 0.04 ACRE TRACT LOCATED 1N THE WILLIAM ROARK SURVEY, ABSTRACT NUMBER 1087, AND BEING A PART OF LOT 7, BLOCK A OF MEADOWS OF HICKORY CREEK, PHASE ONE, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT THEREOF RECORDED 1N CABINET X, PAGE 420, PLAT RECORDS, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY 1N THE 4600 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO (1) LINDA J. ALEXANDER AND JOHN M. ALEXANDER (COLLECTIVELY, THE "OWNER"); (2) SUCCESSORS 1N 1NTEREST TO THE OWNER TO THE PROPERTY INTERESTS; OR (3) ANY OTHER OWNERS OF THE PROPERTY INTERESTS, AS MAY BE APPLICABLE, TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF THIRTEEN THOUSAND SEVEN HUNDRED FOURTEEN DOLLARS AND NO CENTS ($13,714.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; 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 make 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 (a) 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 $13,714.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement; and (b) make expenditures in accordance with the terms of the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner, 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. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of � 2 , 2013. �, ATTEST: JENNIFER WALTERS, CITY SECRETARY By: - APP ED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: PAGE 1 OF 2 N �Y� ~ O ~ O J Z �m� Wo ��W I[7 J O�Q �oo QJ Z a ¢ N Q �YJ JJHd m W �� fm Ja rn ��W Qoo a H ¢ � N �YW �oz J-�2 m ��W ��W �0Y J Q N � O O H J J= ¢m w z 0 ��o � Z ��¢ QJm EXHIBIT A - to Ordinance � I � � p�� I �°� � ��a I � ��I I � z � I J I I w I � Q � � N i � � � � I � I I � N01'19'�09"W � 15.8�' I � I � � I � I � I � I I � � � I � � � I � � (E I I 3 O I � ° °�` I Q J I w I �x > � � � I II �J o � j �� w � a I � � V I I � i/1 ( � � � � I � I � � NDTE: SET 1/2" I.R. W/ GAI CAP TO BE SET AT EN� OF CONSTRUCTION. a � � 0 Z � POINT OF BEGINNING FNO 5/e" I,R.W/CAP N88 '04' 29"E 48.50', �`S.�' . \ �B . 9), �Y .r�sr9�� sJ s o'�Q�FO 9 � T .9 o�oJ4T C T .j 0�, ' `'y6 91 ROW DEDICATION INST. N0. 2011-124642 D.R,D.C.T. m 1�'7 � IL7 w rn 0 rn � O � Interests RICHARD A, GRAY, JR DOC. N0. 2008-128436 �.R.�.C.T. aOPOSED RIGHT-OF-WAY BONNIE BRAE STREET SET 1/2 " I.R. W/ GAI CAP �� 3520 HORNBEAM ST LOT 7, BLDCK A LINDA J.� JOHN M. ALEXANDER IN5T.N0. 2010-63691 D.R.D.C.T. W/1GAI CAPR. r � MFA pow Pq T H Cq@ HqgFlCkpqy \ p R�• �GT 42o C��k \ \/ 4504 JOE VAN WAY / LOT 5, BLOCK A �,R.HORTON TEXAS LTD MEADOWS AT HICKORY CAEEK PHASE ONE CAB. X, PG. 420 P.R.O.C.T, I BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 46—ROW— i BEING A 1,708 SQ.FT./0.04 ACRE SITUATED IN THE W. ROARK SURVEY, ABSTRACT N0. 1087, DENTON COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS & PLANNERS 60D SIX FLAOS DRIVE, SUI7E 600 ARLINGTON, 'fEXAS 76011 (81� 6�6�-8535 'iBPE FlRM: F-1191/TBPLS FlRM: 101538-00 n SCALE: 1 "=30' DATE: NOVEMBER 2012 J/�enton/P46ROw-1 Page 2 �f 2 EXHIBIT A- to Ordinance (Property Interests) PARCEL 46-RO W-1 LEGAL DESCRIPTION Being a 0.04 acre tract of land situated in the William Roaxk Survey, Abstract No.1087, Denton County, Texas and being a portion of Lot 7, Block A, Meadows at Hickory Creek, Phase One, as conveyed to Linda J. and John M. Alexander, as recorded in Instrument No.2010-63691, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a found 5/8 inch iron rod with cap, said point being the northwest corner of said Lot 7, being in the existing east right-of-way line of Bonnie Brae Street (having a variable width R.O. W.), and being in the south line of a tract of land conveyed to Richard A, Gray, Jr as recorded in Instrument No. 2008-128436, Deed Records, Denton County, Texas; THENCE North 88°04'29" East, leaving existing said east right-of-way line, and along said south line, a distance of 48.50 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed east right-of-way line of Bonnie Brae Street (having a variable width R.O. W.); THENCE South O1 ° 19'09" East, along said proposed east right-of-way line, a distance of 54.53 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the northwest corner of the remainder of Lot 6, Block A, Meadows at Hickory Creek, Phase One, as recorded in Cabinet X, Page 420, Plat Records, Denton County, Texas, and being the northeast corner of a 48.50 foot right-of-way dedication conveyed by deed to the City of Denton, as recorded in Instrument No. 2011-124641, Deed Records, Denton County, Texas; THENCE North 53 °08'47" West, leaving said proposed east right-of-way line and following along the north line of said right-of-way dedication, a distance of 61.69 feet to a found 5/8 inch iron rod with cap for corner, said point being the northwest corner of said right-of-way dedication, and being in the said existing east right-of-way line of Bonnie Brae Street; THENCE North O l° 19'09" West, along said existing east right-of-way line, a distance of 15.89 feet to the POINT OF BEGINNING and CONTAINING 1,708 square feet, 0.04 acres of land, more or less. OF ��'� �� T � ��f � ��: G�` '� R�'a :��+, ..� ...�o.�....o.....�..:.,. �� 1.L PETERSON ..�o�............e.....�o...,. _'� 5999 a � c� tl�d'��°��- EXHIBIT "B" TO ORDINAfVCE 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 OFFER OR AGREEMENT IS SUSJECT TO CHAPTER 552, GOVERNMENT CODE. THIS PURCHASE AGREEMENT (the "Agreement") is dated ��j�/,Y ��',�'(/ .� , 2013, but effective as of the date provided below, between Linda J. Alexander and John M. Alexander, husband and wife (referred to herein collectively as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Linda J. Alexander and John M. Alexander, are the Owner of a tract of land (the "Land") in the William Roark Survey, Abstract Number 1087, Denton County, Texas, being affected by the public improvement project called the Bonnie Brae Street 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; 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" 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 1 ". 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 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, andJor for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Fee Lands; and (ii) all substances 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 2 accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 2. As consideration for the granting and conveying of the Fee Lands to the City, the City shall pay to Owner at Closing the sum of Thirteen Thousand Seven Hundred Fourteen and No/100 Dollars ($13,714.00). The monetary compensation prescribed 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 Owner shall assist and support satisfaction of all closing requirements of the City in relation to solicitation of releases or subordinations of the Encumbrances and other curative efforts affecting the Fee Lands, 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 further 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, landscape, vegetation, or any other structure or facility of any kind within the Fee Lands related to activities conducted pursuant to the City ownership of the Fee Lands, and interference with Owner's activities on other property interests of Owner, caused by or related to 3 activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner 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 ha�e 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 Universal Title Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie, Texas 75452 ("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 year in which Closing shall occur sha11 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 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 far 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 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 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 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 opporiunity 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, through 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: Linda J. Alexander and John M. Alexander Phone Telecopy: CITY: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 5 Copies to: For Owner: For City: Telecopy: Richard Casner, First Assistant City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 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, agreements 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 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. CITY OF DENTON, TEXAS By. GEORGE C. CAMPBELL, CITY MANAGER Date: �%% t� v�, 2013 0 ATTEST: JENNIFER WALTERS, CITY SECRETARY �. Date APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � `-� Date: � """"`` `�i , 2013 OWNER: Linda J. Alexander John M. Alexander Date: , 2013 7 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: Universal Title Agency, LLC d/b/a Universal Land Title of Texas 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone: (972) 206-7570 Telecopy: (972) 206-2870 I: Printed Name: Title: Contract receipt date: , 2013 E� ATTACHMENT 1 TO PURCHASE AGREEMENT 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: YOUR 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 Linda J. Alexander and John M. Alexander, husband and wife (herein collectively called "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 sufficiency of which are hereby acicnowledged 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", 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 iixtures 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, 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, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tanlc 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 lcind 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 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] This Deed is subject to that certain Purchase Agreement, dated on or about , 2013, by and between Grantor and Grantee. 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 Page 2 of 4 otherwise. EXECUTED the day of , 2013. Linda J. Alexander John M. Alexander ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by Linda J. Alexander. Notary Public, State of Texas My commission expires; ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by John M. Alexander. Notary Public, State of Texas My commission expires: Page 3 of 4 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 Finance Department 215 E. McKinney Street Denton, Texas 76201 PAGE 1 OF 2 ¢ N oYU� �o� O J Z J m Q W O f�; If7 � J o�a �oo �J Z a � N Q O ~ O E J J H Q m w �� rnm-Ja ��w �oo J Q H � � ¢ N �YW �oz �m¢ w � �� w ��Y J Q N �YW F U Z O H �J2 ¢m w z ��Oz �H¢ Qom EXHIBIT A- to Special Warrantv Deed � I � � � I � �� e � � �9� �� 2 � I J I I W I � � I � � � � � � � I � I I � N01'19'b9"W � 15.8�' I � I � � I I � � I I I � � � E I � i a � � I � � I 3 � I I �o ¢ I a w I � �° � � I 3 I � ° � � Q a � I I M a w � rn I � � V I � I � ��j; I � �+ � � I � I � � NOTE: SET 1/2" I.R. W/ GAI CAP TO BE SET AT END OF CONSTRUCTION. ¢ H ol z � POINT OF BEGINNING FND 5/8" I.R.W/CAP NB8'04'29"E 48.50', \ '�'Sv, � �e , 9),L. 7 ftisT9o� 6f 6 �NopFOT 9. .,� O�o�4r C T.� 0,1, �9s 9J ROW �EDICATION INST. N0. 2011-124642 D,R,D.C.T. (�7 lL7 � � w rn 0 01 � 0 � RICHARD A. GRAY, JR DOC, N0. 2008-128436 �,R.O.C.T, �OSED RIGHT-OF-WAY � NNIE BRAE STREET ��p�� W/1GAI CAPR. 352� HORNBEAM ST LOT 7, BLOCK A LINDA J.6 JOHN M. ALEXANDER INST.NO. 2010-63691 D.R.D.C.T. W/1GAI CAPp ��T �J/�,S s S�F9AT e�Oc 4 4 'y1' '�" A 4SF'ICY��q9Y \��9� �O� � � MFqO�� pqT H Cq� �q`SFIpk�RY � "�• 0, ��T q2p cRFFk �j 4504 JOE VAN WAY / LOT 5, BLOCK A O.R.HORTON TEXAS LTD MEAOOWS AT HICKORY CREEK PHASE ONE CAB, X, PG. 420 P.R.D.C.T, I BASIS DF BEARING I5 NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 46-ROW-1 BEING A 1,708 SQ.FT./0.04 ACRE SITUATED IN THE W. ROARK SURVEY, ABSTRACT N0. 1087, DENTON COUNTY, TEXAS .^ Graham Associates,lnc. CONSULTING ENGINEERS & PLANNERS \LJI 800 SD( FLA05 DRIVE, SUIiE 600 �� ARLJNOTON, 1EXA5 76011 (817) 6�0-E638 'IBPE FlRM: F-1191/TBPLS FlRM: 101b38-OU n SCALE: 1"=30' DATE: NOVEMBER 2012 J/Denton/P46Row-7 Page 2 of 2 EXHIBIT A- to Special Warranty Deed PARCEL 46-ROW-1 LEGAL DESCRIPTION Being a 0.04 acre tract of land situated in the William Roark Survey, Abstract No.1087, Denton County, Texas and being a portion of Lot 7, Block A, Meadows at Hickory Creek, Phase One, as conveyed to Linda J. and John M. Alexander, as recorded in Instrument No.2010-63691, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a found 5/8 inch iron rod with cap, said point being the northwest corner of said Lot 7, being in the existing east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and being in the south line of a tract of land conveyed to Richard A, Gray, Jr as recorded in Instrument No. 2008-128436, Deed Records, Denton County, Texas; THENCE North 88°04'29" East, leaving existing said east right-of-way line, and along said south line, a distance of 48.50 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South O1°19'09" East, along said proposed east right-of-way line, a distance of 54.53 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the northwest corner of the remainder of Lot 6, Block A, Meadows at Hickory Creek, Phase One, as recorded in Cabinet X, Page 420, Plat Records, Denton County, Texas, and being the northeast corner of a 48.50 foot right-of-way dedication conveyed by deed to the City of Denton, as recorded in Instrument No. 2011-124641, Deed Records, Denton County, Texas; THENCE North 53 °08'47" West, leaving said proposed east right-of-way line and following along the north line of said right-of-way dedication, a distance of 61.69 feet to a found 5/8 inch iron rod with cap for corner, said point being the northwest corner of said right-of-way dedication, and being in the said existing east right-of-way line of Bonnie Brae Street; THENCE North O1°19'09" West, along said existing east right-of-way line, a distance of 15.89 feet to the POINT OF BEGINNING and CONTAINING 1,708 square feet, 0.04 acres of land, more or less. Ofi ,�.P� �; s r �''rC�''�' �;-4� '� ��`�.�� ..� ..a..e...,..o :... ��A�.L��PETERSON . .r.�e..... :� 5999 � • � 11�0�� ,� �•� , r � . . � I��[l71��iy_:�I � ; • � ' I . ' ' 1;' ' . 1 1 : � � ' � �, . ` � �' � �' . ■' r ., . 1 � � � , � � � � ■ � ► . � . � ■ R 1 ' �' . ' ! 1 . � � � � . • : �; . # �: � � i 1 THIS PURCHASE AGREEMENT (the "Agreement") is dated '�� „__ _ �� „ � .:_ 2013, but effective as of the date provided below, between Linda J. Alexander and John M. � - . •- �. � . � - - - -� � - - � - -' , � - . � - � Denton, Texas ("City") WITNESSETH: ' , �,. • �- � '• ' �- • - • . • r - . � , . ''r, - , r . •- !: !- � • - , �- , . , -� . • � • • . • - . -� :• 'I. �- . �I •• - ',*- � •- , r . . _.. • - . -- . - . • .- . , �, a - ' . � - . -* � . . � . , w . , �- • • .• .. _ • • � _ _ . r � r • + • • . -� . � „ - � - - - -. � • �- - - � - � � _ ,� '' i' � . • � 11 !w 'R 1 11 . • � +�� , r . .�'- � •- , ,t - - - � . � .�- , a - -r . � '-�w-r - �, . ,, ._ � r c . � . - � . � . , . _ _ , �I �_ _ � . . ��r . . . �--• - - � . -w • _ _ � _ � _ � - - - . • �- �-• •- � . � , • �- • •- •-. � � r . - . .- .'' . . l--� . . � - . � .-w - - - • - �- � . �-�� - • -* - � . � - � .�- . r -• . �- .' , 1--. . �- - � , w •M _ _ , . . -� - - � . � � •• . -a . . B. Owner, subject to the limitation of such reservation made herein, shali reserve, for themselves, their heirs, devisees, successors and assigns, all oi1, 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 af the Fee Lands, in any way, manner or forrn, in connection with or related ta the reserved oil, gas, and other minerals and/or related ta exploratian and/or praduction of the oil, gas and ather minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands for the lacation of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activiiies, tanlcs o r tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral suppart for any surface facilities or well bares, ar any other infrastructure or improvement o f any kind or type in connection with or relaied to the reserved oil, gas and other minerals, and/o r related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and sh�l l exclude (i} all substances that any reasanable extraction, mining or other exploration and/� r production method, operation, process or procedure would cons e, deplete or destroy the surface of the Fee Lands; and (ii} a11 substances which are at or near the surface af the Fee Lands. The intel t of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be rl � accordance with that set forth in Reed v. Wylze, 597 S.W.2d 743 (Tex. 1980), As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the earth to a depth af five hundred feet (500') below t�� ix°t�� " tl�e �;��°�� 1 �ti9] ��°c�� a��c�� ,� �L surface of the earth. '�. �� 2. As consideration for the granting ��1 ��v�yi��, of the Fee Lands to the City, the City shall pay � � ��,v=d�,°�=� "��C:� �hs,�,�.a��:� �� a,.�€:� '� �� 9��z�� `� t�a C��vr�e�- �t ��:��ir�� %c ��i�� c?�' =�ia��'Mi��•�:i��-��a��aa��#�� ,` ��a�,,ti��. {-� 1��;�� The monetary compensation prescribed 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 66Encumbrances"). The Owner shall assist and support satisfaction of all closing requirements of the City in relation ta 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, althaugh Owner may atherwise be in default under Section 10, below. However, if the Encumbrances are nat 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 ta close the transaction contemplated by this Agreement; OT' �11} teTri11ri1ilrig t111S AgTeerilelli by riOt1Ce lri Wiltlrig t0 OWriei, in which latter event Owner and City shall have na further obligations under this Agreement. 4. Owner stipulates that the Total Monetary Campensation payment canstitutes and includes a; l 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 anv improvements, turf, landscape, vegetation, or any other structure or facility of any kind within tl:e Fee Lands related ta activities conducted pursuant to the City ownership of the Fee Lands, and interference with Owner's activities on other property interests of Owner, caused by or related t�� 3 activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner hereby releases for themselves, their heirs, devisees, successors and assigns, the City, it's afficers, 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 Universal Title Agency, LLC, d/b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie, Texas 75052 (66Title Company99), 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 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 known as of the Closing Date, the proration shall be based on the amaunt of taxes due and payable with respect ta t�`�e 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 tir,ie prior to the Closing Date (including, but nat limited to, subsequent assessments for prior years due ta change of land usage or awnership 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, custamary azd standard closing casts associated with this transaction shall be paid specifically by the City, except for Owner's aitorney's fees, if any, which shall be paid by Owner. � �� ,, , �.� � }�`f� �� 7. The date on which this Agreement is executed by th�.,� �1��11 I�e the 66Effective Date" of t�.i s Agreement. ��^� �� . 8.A. In the event Owner shall default in the performance of any cavenant or term provided heren, and such default shall be continuing after ten (10) days written notice of default and opportunity to 4 cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific perforrnance. 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 priar 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 1N DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY 1N THE COURTS OF COMPETENT JUR.ISDICTION OF DENTON COUNTY, TEXAS. 10. From and after the Effective Date af this Agreement, through and including the Closing Date, Owner shall not (i) canvey 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 Clasing. 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 upan the earlier ta occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of depasit of, in a regularly maintained receptacle for the United States Mail, registered or certified, retum receipt requested, postage prepaid, addressed as follaws: • � Linda J. Alexander and John M. �"�1��:��ci��° �� ' �°�r , ,�,�r.� �.�.. `� �_�.._,�.��._�.��.., �'�a �� "� ��•�'�;-�I�! Telecopy: �_.� �_��.�.e._n�..mm�, CITY: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 5 Copies to: For Owner: For City: Telecopy: Richard Casner, First Assistant City Attomey City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 12. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written ar 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, agreements 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 any portion of the Fee Lands, City may, at its election, terrninate 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. � 1' i � . ...� . � - �,�.. ........ , - _ �w �,�.�- �' � _ ,� � By ' � ��- BY � �M..� �".� � -� , ��m�,.,� �� P � � �. . � � � � r �� . . .. ,.�- � , _ � ,,,. _ _ �.�, _ G�°,�.)��I; C. CAMPBELL,� ��^�� _ ��'A�a��, CITY MANAGER CITY MANAGER DATE: �`��r`�° ,,,..� Date: , „ 2013 � . . , , • • . ■ :• I!� � I' 1 1 � � [`� ` � J r {,-� �, �;:... . !. p� , x s r�� , ,. � �� : ,��,. .�" � �,�� °� r �� , 2013 J. �''''� 1 � � !''' � � • R ,,,. � ♦ � �. �' �' ,� �, ,. ,.r �, � �� _. �, � �_� BY: .� - �w, � �� Date: '�"'`"`r'«�k `�� , 2013 JENNIFER WALTERS, CITY SECRETARY � � BY : �ti F� ' � .�,. '� � � � �� `�°� � nA� ; ��'� ANITA BURGESS, ,,�I`l'� ATTORNEY e� �' t „S .rt �"' � J`. rj,,'"��'�" .r � BY �. �' .� � � DATE : �^��"�--� � � � � �� O'�'�p'��t�� a:. �, ai' �x � �` pf . ! ^? .,r t„ � � t . p �`,� '�� L I ��'. f' � "tii i " r"t I �/,'y 1vg { i'�e. �� -- -- Linda J. Al�:;�a��- � � `� ` , , � y �` ��`�°- �.� �.�� w,�,�� ,�._�.�_ _�� _ C,.., _.-� � mm Jcf �� M. Alexander Date: � � � � � � � , 2013 7 � ,,.. � �. ! . � . , �,: � • By its execution below, Title Company acknowledges receipt of one (1) executed copy of this Agreement. Title Coznpany 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 com.ply with Section 6045(e) of the Intei-nal Revenue Code af 1986, as amended from time to time, and as f'urther set forth in any regulatians or forms promul;ated thereunder. � � .. Universal Title Agency, LLC d/b/a iJniversal Lanci Title of Texas 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone: (972) 206-7570 Teiecopy: (972) 206-2870 B � �� t , �;� �r��.��`� �°�,,� y Y� � � Printed Name: �. � v �"_w �C� `�� ?� � � �m� �..�_ � `�� Title �. n „�.��k� � ��j'�� '�� °, �, � � F'� � � Contract receipt date; �1�� , 2013 .n_T� —.. a� � �� 'I � � '; 1 ' � . . . . � . ! '' � � ; '' !' ! �; � �. � � , . .. . . . ..�� . : !' 1 �` �' I; ', ! ' l I � ' � � : ' !. I . I � . R, . �"� � �C�l /_w 1[ti�1�:7:7_�►fl Il'�7��17 STATE OF TEXAS § § W ALL N Y T ESE P ESENTS: COUNTY OF ENTON § �'. •' �- w • `' r- �. � � collectively called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($ l 0.00), 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 sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and hy these presents daes GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas, being particularly described in Exhibit 66 A 99' attached hereto and made a part hereof for all purposes, and being located in Denton �y 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 themselves, their heirs, devisees, successors and assigns all ail, gas and other minerals in, on and under and that may be produced from the Property. Grantor, their heirs, devisees, successors and assigns shall not have the right to use or access the surface af the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related ta exploration and/or production of the oil, gas and � - - . _ ' -' , ' - +, * ! � . ;• - ♦ . - �, ' ' • R • F," •,iii.' '�, •� • '�.�'�. • r �: : �• � ��..•' ' . :rl •�.'. # " � : • •� �: '.. i " l '�� r r:: . + • : � � • ' � ' '� ' • � 1' •, iii! • r � 1 • ', • � w " • iii! �f• • � •' �� " • • • � 1 • ! • 1' - • • • ' , t ' 1 •' I - �', • � ., � 1' • '�. ! • " '� r " i '�. •, ... l • i '��. • • �' '�. • � ��. ��.. • •� �: As used herein, the term "minerals" shall include ail, 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 cansume, 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 terrn "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 fram the surface • •.r-� •��„ �-r 11 r-� -w � areas above the surface of the earth. Exceptions to conveyance and warranty: a) S.W.M.E. easement, 8 feet in width, along the West property line as shown on the plat recorded at Cabinet X, Page 420, Plat Recards, Denton County, Texas. b) Easement executed by Harper and Lucille Sinclair to Dentan County Electric Cooperative, Inc., filed April 15, 1954, recorded in/under Volume 404, Page 91, as amended by instrument recorded in Volume 1531, Page 432, of the County Clerk's Official Records of Dentan County, Texas. c) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records of Denton County, Texas. d} Any portion af the subject property lying within the boundaries of a public or private road. Page 2 of 4 This Deed is subject ta that certain Purchase Agreement, dated on ar abaut Pebruary 5, 2013, by and between Grantor and Grantee. 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 Grantar's successors and assigns to WA NT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully clairning or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED the �� day of � _� , 2013. � �,�� °��`.. ��.,��.. �r� (��. � � �. ____ � -- �. Lir�c � J ��:��c��°r � � � � � � � � A�� ' . "µ;J �r�� a M. Alexander ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on �� ' �°� � , 2013 by Linda J. Alexander. �,, �� "��w,.-,`"'�' �-� s' �° ..��" �� '''�� 1�c��f �� , State of J��x£�� — My ��iir��i�,�ic�r� e�.��c�: ,..�<�'�`�'�� ,a� �� x�� A I A�L VALCAFlGEL f �� `�` Noiery Public i � � �� ,�� ' STATE �F TEXAS � �'��'� My Comm. Exp. 12-i4-16 � �,..� �<� Page 3 of 4 PAGE 5 DF 2 Q N ° Ycn tr-UF¢- o�z _.,m a � o E� W u� J o a cnQa vJ z � �N� � �� vL„ I Cl� mJ'°� �+i c��aa c�a � �m�n. ��.� °f--� �� N oY�- W �oz �m� ¢ w > �riw M �J w f[] � Y Q J : .- I � � � � �w � i�� ,,. �y� 4�r` I t A'� 5' � � x �,� S ��, I � t,y t•,. I � �`ti�°� g � ��j� � � � `&��' � . J �.�'. I� � � � � � � � � � �, � � -- �— ��- � � s�.. N01'19'�09"y� __ -� 15.89' � 3 � i I � � I � ��,,__ � � �. 1 � � � t H � I. � W 9 � � � I � � � � 0 1 � o � G I, � w 9 I �i � � I (,, W p ��..,. �i.. a �.. � ! I � O I a I � y I � � 9 , d g l �i I � C � � � C � � � i � r � r ■ � � i ►� � r 1� • � �� . � �� `��' �1 �� ;` `°��,```.,.�',� v°�My ' '`�, �,� ti,� i` � �" �; }` '�.��'�'�a� � �� 9 l '� ��e� l,�`,��" ,,� � � 7 �� sy � ��f aaw oEOZCarioN iNST, No. �oia-iz4e4� D.n.D.c.r. � . � RICHARD A. GRAY, JR DdC. N0. 2008-528436 D.R.O.C.T. s�Pat��tss�=� Ftz�H�s-oF-w�v a�i3Nt�1t ��at�� sT�EE� 1/2 " I.R. GAI CAP r�'�P�� ror � � a � ��k�, � M n � � �' It�;�. . � �� Rr. � �,:� 't �,1. ��`�"�"'�+' ��;�m p ��v"j6: i '��. . �• .��' i . � i 1 � ��A � �� y �� *p � # # . •* � � � �Y' i/2 " I.R, W/ GAI CAP ,� � '��¢�rt�,� � � �r �� y,a9� ``� �'"`�� yrk jF��'Ur{y, �r a 9 „�,C�� =^s, � ,t��'V�� C'QF �1 j. �7�, I�;'f � �.� �. d, . � q�°�,� F%t' /y� �'•�;�'�L`�"�,y� - � �,� C�. .ir,� f. �.,,� Lr`�,��'''�`��1? �'`� �.` . `"�. ```/ � 4504 JOE VAN WAY � Lor s. aLOCK A :�, �' D.R.HORTON TEXAS LTD MEAOOWS AT HICKORY CREEK PHASE ONE �� CAB. X, PG. 420 P.R.D.C.T. � . � � � . . ._. .. _ . � �...__ _..._. BASIS OF BEARING I5 NORTH AMERICAN DATUM OF 1963 (NAfJ-83) STATE PLANE COdRDINATE � SYS7EM TEXAS NbRTH CEN7RAL. ■ � �' � � �R � If� � / ■ 1i � � 1� � • • � � , �, . � � � � � ! , � � � i ', /, 1i 1 1 ! , «: . Gra�ar� �Is��a��,��c� CONSt1�.'I��i�G EW�lNE£RS � �LANN�€�S ��n �x �a.�� n�av�. sutt� tscrn ARUreoit�t�t, ��`x�s �r��ft {at�# ��s:�s Te�e %-s�rat: �—ai�sjr�c�rs �� aa7rs�....�€ � �� i� y� . �(�, �pf�}t, .� ��{; ��1`h,, � ' �`�}.,;�d 1!t � � la � (,r t,� � �i;. �� x' �r „a ! �,',; �, ,� � �; � t+ � :��` 1 �, J/Dentan/P46Row-i Page 2 of 2 : � � ,• 1 • � '�, �. • � ► � �, . � � . . � Being a 0.04 acre tract of land situated in the William Roark Survey, Abstract No.1087, Denton County, Texas and being a portion of Lot 7, Block A, Meadows at Hickory Creek, Phase One, as conveyed to Linda J. and John M. Alexander, as recorded in Tnstrument Na.2010-63691, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a found 5/8 inch iron rad with cap, said point being the northwest corner of said Lot 7, being in the existing east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and being in the south line oi a tract of land conveyed to Richard A, Gray, Jr as recorded in Instrument No. 2008-128436, Deed Records, Denton County, Texas; THENCE North 88°04'29" �ast, leaving existing said east right-of way line, and along said south line, a distance of 48.50 feet to a set 1/2 inch iron rod with C'rAI cap for corner, said point being in the proposed east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South O1°19'09°° East, along said proposed east right-of-way line, a distance of 54.53 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the northwest corner of the remainder of Lot 6, Block A, Meadows at Hickory Creek, Pha.se One, as recorded in Cabinet X, Page 420, Plat Records, Denton County, Texas, and being the northeast corner of a 48.50 foot right-of-way dedication conveyed by deed to the City of Denton, as recorded in Instrument No. 2011-124641, Deed Recards, Denton County, Texas; THENCE North 53°08'47'° West, leaving said proposed east right-of way l�ne and following along the north line of said ri�ht-of-way dedication, a distance of 61.69 feet to a found 5/8 inch iron rad with cap for corner, said point being the northwest corner of said right-of-way dedicatzon, and being zn the said existing east right-of-way line af Bonnie Brae Street; THENCE North O1°19'09" West, along said existing east right-of-way line, a distance of 15.89 feet to the POINT OF BEGINNING and CONT NG 1,708 square feet, 0.04 acres of land, more or less. Iniversal Land Title of Texas - 704-32918 Doc-129278 **** Electronicafly Filed Document **�`* Denton County Cynthia Mitchell Caunty Clerk Document Number: 2013-129278 Recorded As : ERX-WARRANTY DEED Re�orded On: Recorded At: Number of Pages Recording Fee Parties: Receipt Number: Processed By: October 23, 2013 03:10:48 pm 7 $50.00 Direct- ALEXANDER LINDA J Indi rect- 1102043 Dwayne Kitzmiller '"***'"'�****** THIS PAGE IS PART OF THE IN3TRUMENT'"'`'"'`'"**`**** Any provlsion 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. - THE STATE UF 7EXASJ �['i)��'j��a��. COUNTYOFDENTON] � ; 0., 1 9ere6y certily ihet �his iwtrurent wes FILED lo Wc File Nur6er �aquonca on the da�dtia �'k prinled M1eroo end wea rtuly RECORDED in �he Dfficid Navorb ol Danlon CouuTy, Te:u. e d'^�f * 1'�"5 �� o�� ,��t �� r;�c� '�,r oe��oa�o�,�.,Ta�� •. �,�„.v LandtitleUSA.COm Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of 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 Coveretl 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 filetl, recortled or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or ativerse circumstance affecting the Title that would be tlisclosed by an accurate and complete land survey of the Land. The term "encroachmenY' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. Firsf American Tifle Insurance Company ��.��SLE Ips��,'+� � ��,y��yk �#f .. � ,n ��'�T G�� ; �L�i �A/ i" � r`^ + � � r6 �:. �:, }. 4� � Y 1°"' ", ��R'�Y�Yl3�L14 G�"1 ` '� a. �� ' t,n. F JU4� .'�" ; ,� -., r.� � }�''{;��t t��"�`� ,.. �y,...�,..�--'' �'�� Dennis J. Gilmore President �� w . f '�i` ..� �� _ Timothy Kemp Secretary (This Policy is valid only when Schedules A and B are attached} Form 5019648 (2/1/10) Page 1 of 6 Universal Land Title of Texas 3165 S. Carrier Pkwy Grand Prairie, TX 75052 GF#:704-32918 CITY OF DENTON Parcel: 46, ROW 1 This Jacket was created electronically and constitutes an original document 7X T-1 dwner's Policy of Title Insurance (Rev. 2-1-10) - Texas Policy # : 5019648-0028635e 5. 6. 10 COVERED RISKS (Continued) The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Lantl; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Recortls setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, tlescribing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. The exercise of the rights of eminent domain if a notice of the exercise, tlescribing any part of the Land, is recortled in the Public Records. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Title being vested other than as stated in Schetlule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remetly, of a transfer of all or any paR of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schetlule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. Any tlefect in or lien or encumbrance on the Title or other matter includetl in Covered Risks 1 through 9 that has been createtl or attached or has been filetl 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 tlefense of any matter insured against by this Policy, but only to the extent provitled in the Contlitions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (inclutling those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, tlimensions 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, ortlinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Coveretl 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 Recortls at Date of Policy, but Known to the Insured Form 5019648 (2/1 /10) Page 2 of 6 � 6. Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching befinreen 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 Schetlule A. The refusal of any person to purchase, lease or lend money on the estate or interest coveretl hereby in the lantl described in Schedule A because of Unmarketable Title. 7X T-1 Owner's Policy of Title Insurance (Rev. 2-1-10} - Texas Policy # : 5019648-0028635e 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 decreasetl by Sections 10 and 11 of these Conditions. (b) "Date of Policy": the date tlesignated as "Date of Policy" in Schedule A. (c) "Entity": a corporation, partnership, trust, limitetl liability company or other similar legal entity. (d) "Insuretl": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insuretl by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insuretl by dissolution, merger, consolidation, distribution or reorganization; (C) successors to an Insuretl 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-ownetl by an affiliated Entity of the named Insured, provided the affiliated Entity and the nametl 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 regartl to (A), (B), (C) and (D) reserving, however, all rights and tlefenses as to any successor that the Company would have hatl against any predecessor Insured. (e) "Insured ClaimanP': an Insured claiming loss or tlamage. (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 a�xetl improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area describetl in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roatls, 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 insuretl by this policy. (h) "Mortgage": mortgage, deed of trust, trust deetl, or other security instrument, including one evitlenced by electronic means authorized by law. 2. 3. (i) "Public Records": records established untler 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 describetl in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Lantl, 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 Insuretl. 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 Insuretl hereunder of any claim of title or interest that is adverse to the Title, as insured, antl 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 Insuretl Claimant to provide prompt notice, the Company's liability to the Insured Claimant untler 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, ativerse 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 ativise the Insured of the reasons for its tletermination. 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 proceetlings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provitled 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, Form 5019648 (2(it10} Page 3 of 6� TX T-1 Owner's Policy of Title Insurance (Rev. 2-1-10) - Texas Policy # : 5019648-0028635e C� 5. 6. encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a mortgagee policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. PROOF OF LOSS. In the event the Company is unable to determine the amount of loss or tlamage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signetl proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS. (a) Upon written request by the Insured, and subject to the options contained in Sections 3 antl 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 Insuretl. 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 tlefense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceetling and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, CONDITIONS (Continued) obtaining witnesses, prosecuting or defentling the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or tlesirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insuretl 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 maintainetl, including books, letlgers, 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 authorizetl representative of the Company, the Insuretl 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 thirtl party that reasonably pertain to the loss or damage. All information designated as confitlential by the Insured Claimant provitled 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 untler oath, protluce any reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following atlditional 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 incurretl by the Insuretl Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligatetl 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, inclutling any liability or obligation to tlefend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insuretl against under this policy. In adtlition, the Company will pay any costs, attorneys' fees and expenses incurred by the Form 5019648 (2/1/10) Page 4 of 6( TX T-1 Owner's Palicy of Title Insurance (Rev. 2-1-10) � - reXas Policy # : 5019648-0028635e 8. 9. 10. Insured Claimant that were authorizetl 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 provitled 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 antl that the Company is obligated to pay. Upon the exercise by the Company of either of the options provitled for in subsections (b)(i) or (ii), the Company's obligations to the Insuretl under this policy for the claimetl loss or damage, other than the payments required to be made, shall terminate, inclutling any liability or obligation to tlefend, prosecute, or continue any litigation. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insuretl 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 matle by the Insured Claimant or as of the date it is settled antl paid. (c) In adtlition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. LIMITATION OF LIABILITY. (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation antl 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 tlamage until there has been a final tletermination by a court of competentjurisdiction, antl disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11 12. 13. 14. 15. CONDITIONS (Continued) LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paitl shall be deemed a payment to the Insured under this policy. PAYMENT OF LOSS. When liability and the extent of loss or damage have been definitely fixetl in accordance with these Conditions, the payment shall be made within 30 days. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled antl paitl a claim under this policy, it shall be subrogatetl and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insuretl Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insuretl 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 inclutles the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, nofinrithstanding any terms or conditions contained in those instruments that address subrogation rights. ARBITRATION. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may inclutle, but are not limited to, any controversy or claim beiween 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 indivitlual 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, unless the Insured is an individual person (as distinguished from an Entity). Arbitration pursuant to this policy and under the Rules shall be bintling upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. Form 5019648 (2/1/10) Page 5 of 6 TX T-1 Owner's Policy of Title Insurance (Rev. 2-1-10) - Texas Policy # : 5019648-0028635e (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 antl 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, entlorsement 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 tleemetl not to include that provision or such part held to be invalid, antl all other provisions shall remain in full force and effect. Form 5019648 (2(1 /10) Pege 6 of 6 CONDITIONS (Continued) 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 juristliction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Lantl is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting antl 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 juristliction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at First American Title Insurance Company, Attn; Claims National Intake Center,1 First American Way, Santa Ana, California 92707. Phone: 888-632-1642. � � �, . �w�°°, � , R TX T-1 Owner's Policy of Title Insurance (Rev. 2-1-10) - Texas IMPORTANT NOTICE To obtain information or make a complaint: You may call First American Title Insurance Company's toll-free telephone number for information or to make a complaint at: 1-888-632-1642 You may also write to First American Title Insurance Company at: 1 First American Way Santa Ana, California 92707 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at.• 1-800-252-3439 You may write the Texas Department 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 First American Title Insurance Company first. lf 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. Form 50-TXNOTICE (11-1-09) Page 1 of 1 AVISO IMPOR'TANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de First American Title Insurance Company's para informacion o para someter una queja al: 1-888-632-1642 Usted tambien puede escribir a First American Title Insurance Company: 1 First American Way Santa Ana, California 92707 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al.� 1-800-252-3439 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 First American Title lnsurance Company 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 documenfo adjunto. Mandatory Complaint Notice (11-1-09) Texas • '' '! !° '' .. . i � i � r ` �, . Name and Address of Tit1e Tnsurance Company: FIRST AMERICAN TITLE INSURANCE COMPANY 1 First American Way, Santa Ana, California 92707 File No.: 704-32918 Policy No.: 5019648-0028635e Address for Reference only: CITY OF DENTON, BONNIE BRAE ST, VINTAGE BLVD TO IH 35E, PARCEL 46, ROW 1, DENTON, DENTON COUNTY, TEXAS AmountofInsurance: $22,000.00 Premium: $324.00 Date of Policy: October 23, 2013, at 03:10 pm 1. Name of Tnsured: CITY OF DENTON, TEXAS 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 4. The Land referred to in this policy is described as follows: I' • ' , , . �, : I I � � . . , � 1 � " i " ' 1 � � . . , � . � . '•, 1 1� 1 : � ''�' 1 � ' � � / - 1� i'' ' ' • 1 1,, � , i . . ,1 : 1 . ,. � � , 1' ' : 1 , ••' . 1 1 '� 1. � i � C � 1 ' 1' 1' � �; 1 � � � � � �� . � �. ' !; � i : ' 1 1 � � : ' 1 l ' � " 1 1 ' �' � , ; � ; � � , , � . �, � , � � �, p . ,. � � . 1 '' � 1 : 1 , 1. � .� ,,. � � �.:. � .�� NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal descript►on of the area or quantity of land rs not a representation that such area or quantity is correct, but is made only for information and/or identification purposes and does not override Item 2 of Schedule B hereof. FORM T-1: Owner's Policy of Title Insurance Pagc 1 PAGE ] OF 2 .'� a z a Qroa 0 dYJ rUw oo� J—IHQ m W �� QO. m J �a-w QJ� Q a. � � ¢ �°° aY>- Uw 0 z °mQ w r f�w � � W �oY �J �N � JJ�Y Q Z w ��z �° ^x Qom J � � � ,h.�� F "' . �� ;,, �"y �';� =rq °"° �-j�" F �i�-= +:�?� t �� ,�fi�� .��ti",*`ti" � w �� M �° J I, } W 1 j i � �', 1 � � �_ ( � N01'19"�09"W� —� 15.89' � CY I � �� .... r,..,� I I ! E. ? (� W I � � � I �� y I o n J �= u � o � I �3 ` g w c J f C! a ' � I �a u � � v j � 4 E-� I�4 � � C 1 NOTE: SET 1/2' I.R. W/ GAI CAP TO BE SET AT END OF CONSTRUCTIDN, POINT OF BEGINNING FND 5/8" I.R.W/CAP N88'04'29"� 48.50� 4 �iti � � , ��',` ;�``� � fI� �',�, �'� �� ,� �� r es,� . � ��`�!��'�� C�' .�,a�� ',��r°� �'�'s �� ROW OEDICATION INST. N0. 20]]-124642 �.R.D.C.T. � u� v � w rn 0 rn � 0 � RICHARD A. GRAY, JR DDC. N0. 2008—]28436 D.R.D.C.T. �t7��7��:�3 RTGHT—OF—WAY t3Cthlt�IE 6RAE STREET °[� 1/2 " I.R. M�f GAI CAP f��'. � A�; � �. a� �,f�My�^.� ,. 4� . � �' ��" ��", � �.e`` L F,�S � �� ,�AY� �'�, � �•,� ��r � „�� ° 3520 HORNBEAM ST LOT 7, BLOCK A LINDA J.6 JOHN M. ALEXANDER INST.NO. 2010-63691 D.R.D.C.T. W/iGAIwCAPR� ��L? �'��`�5 � C,�,C�,��;��,r.�'{ ��- �+,� �7,�°�`��5- ��S�t�� `�� M�`��g � T' �`�� '�t°��'��sr��. r� ��; �,� N�- cpF� � �` ��° 1' `��-'� k � \/ 4504 JOE VAN WAY � LOT 5, BLOCK A D.R.HORTON TEXAS LTD MEAOOWS AT HICKORY � CREEK PHASE ONE CAB. X, PG. 420 P.R.D.C.T. � ..,,,. ... ....� BASIS OF 9EARING I5 NORTH AMERICAN DATUM OF 1983 (NAD-B3) STATE PLANE COOR�INATE � SYSTEM, TEXAS NORTH CENTRAL. ■ , ■ . � • , �r � � � � i �' � ��' � � � � � , � ■ ■ ', , � ' � , � � i , ♦ 1� , , , Gr��rr� �As��i��$I�c. �a�s��r�� a�s � ��r��s (3sFA SIX F7.A� AFedV�. 'StfY7'E �€� s'hi�t.BN�S't87ht. 'k�f.AS 78Q11 (8� BM'k�85:l:5 TBf'�' f7fi�1: �—ifD#,/'I@F� i137�—d� n SCALE: 1"=30' DATE: NOVEMBER 2012 J/Denton/P46Raw—i Page 2 of 2 PARCEL 46-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DESCRIPTION Being a 0.04 acre tract of land situated in the William Roark Survey, Abstract No.1087, Denton Couniy, Texas and being a portion of Lot 7, Block A, Meadows at Hickory Creek, Phase One, as conveyed to Linda J. and John M. Alexander, as recorded in Instrument No.2010-63691, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGTNNING at a found 5/8 inch iron rod with cap, said point being the northwest corner of said Lot 7, being in the existing east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and being in the south line of a tract of land conveyed to Richard A, Gray, Jr as recorded in Instrument No. 2008-128436, Deed Records, Denton County, Texas; THENC� North 88°04'29" East, leaving existing said east right-of-way line, and along said south Iine, a distance of 48.50 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed east right-of-way line of Bonnie Brae Street (having a variable width R.O. W.); THENCE 5outh O1°19'09" East, along said proposed east right-of-way line, a distance of 54.53 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the northwest corner of the remainder of Lot 6, Block A, Meadows at Hickory Creek, Phase One, as recorded in Cabinet X, Page 420, Plat Records, Denton County, Texas, and being the northeast cozner of a 48.50 foot right-of-way dedication conveyed by deed to the City of Denton, as recorded in Instrument No. 2011-124641, Deed Records, Denton County, Texas; THENCE North 53°08'47" West, leaving said proposed east right-of-way line and following along the north line of said right-of-way dedication, a distance of 61.69 feet to a found 5/8 inch iron rod with cap for corner, said point being the northwest cornex of said right-of-way dedication, and being in the said existing east right-of-way line of Bonnie Brae Street; THENCE North O1°19'09" West, along said existing east right-of-way line, a distance of 15.89 feet to the POINT OF BEGINNING and CONTAINING 1,708 square feet, 0.04 acres of land, more or less. � �� .... .- A �. �� I! / / . � �' File No.: 704-32918 Policy No.: 5019648-0028635e EXCEPTIONS FROM COVERAGE This policy daes not insure against lass or darnage (and the Company wili not pay costs, attarneys' fees or expenses} that arise by reason of the terms and canditians of leases and easements, if any, shown in Schedule A, and the fallowing matters: The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): The following: Clerk's File Nos. 2007-70305, 2007-70306, and 2013-15538, of the Connty Clerk's Official Records of Denton County, Texas, but omittiog any covenant or restriction based on race, color, religion, sez, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. Any discrepancies, canflicts, or shortages in area or boundary lines, ar any encraachments ar protrusions, or any averlapping of improvements. .� • � + + � � -�, 4. Any titles ar rights asserted by anyone, including, but not limited to, persons, the public, carparations, gavernments ar other entities, a. to tidetands, or Iands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs ar oceans, or b. to lands beyond the line of harbor ar bulkhead lines as established ar changed by any gavernment, ar c. ta f lled-in lands, or artificial islands, or d. ta statutory water rights, including riparian rights, ar e. to the area extending from the line of inean low tide ta the line of vegetatian, or the right of access to that area or easement alang and across that area. E1I1 standby fees, ta�ces and assessments by any taxing authority, current and delinquent. The following matters and aIl terms of the documents creating or affering evidence af the matters (The Company must insert matters or delete this exception.}: a. The following matters affecting the subject property as shown on the plat recorded at Cabinet X, Page 420, Plat Records, Denton County, Texas: An S.W.M.E. easement, 8 feet in width, along the West property line. b. Easement executed by Harper and Lucille Sinclair to Denton County Electric Cooperative, Inc., filed April 15, 1954, recorded in/under Volume 404, Page 91, as amended by instrument recorded in Volume 1531, Page 432, of the County Clerk's Official Records of Denton County, Texas. c. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. PORM T-1: Owner's Policy of Title Insurancc Page Z Continuation of Schedule B Policy No. 5019648-0028635e d. Any portion of the subject property lying within the boundaries of a public or private road. e. Oil, gas, and sulphur as provided in deed recorded in Instrument Number 2013-129278, of the Deed Records, Denton County, Texas. f. All oil, gas and sulphur leasehold interest and/or other mineral ioterests, as affected by Instrument Number 2013-129278, recorded in Deed Records, Denton County, Texas. g. Section 14 of the Conditions and Stipulations of this Policy is hereby deleted. Countersigned Universal [,:��3�1 Title of `tfck�:�s ��, ' r � ; �, � �,� _ gy �� r��' ��:`�~ � �,��.� �� Charon Cotnoir FORM T-1: Owner's Policy of Title Insurance Page 3 First American T'ttle Insurnnce Company Owner's Policy No.: 501964$-0028635e GF No. 704-32918 Premium Amount Rate Rules I'roperty C�unty Liabiliry L7at� Type t;mde 1 2 3 4 5 6 7 8 �324,00 1000 4 121 $22,Od6.00 10/23/2013