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2013-127s:llegal\our documentslordinances1131clearman acquisition ordinance.doc ORDINANCE NO. 2O 13-127 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE AGREEMENT (HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A", BY AND BETWEEN MILTON B. CLEARMAN AND WIFE, ANITA A. CLEARMAN (COLLECTIVELY, THE "OWNER"), AND THE CITY OF DENTON (THE "CITY"), REGARDING THE SALE BY OWNER AND PURCHASE BY THE CITY OF FEE SIMPLE TO A CALLED 1.52 ACRE TRACT OF LAND AND CERTAIN EASEMENTS ENCUMBERING .80 ACRE, MORE OR LESS, ALL LANDS BEING SITUATED IN THE A.N.B. TOMPKINS SURVEY, ABSTRACT NO. 1246, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE PURCHASE AGREEMENT, LOCATED GENERALLY IN THE 2100 BLOCK OF SOUTH BONNIE BRAE STREET, FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND ROADWAY, FOR THE PURCHASE PRICE OF THREE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($330,000.00), AND CERTAIN COSTS, AS PRESCRIBED 1N THE PURCHASE AGREEMENT; 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "A", with a purchase price of $330,000.00, plus certain costs, as prescribed in the Purchase Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Purchase Agreement; and (b) to malce expenditures in accordance with the terms of the Purchase Agreement. SECTION 2. 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 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _��Z /L day of /� � , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � By: `--� Exhibit "A" 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 SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS PURCHASE AGREEMENT (the "Agreement") is dated �'i� �I/ j% , 2013, but effective as of the date provided below, between Milton S. Clearman and wife, Anita A. Clearman (collectively referred to herein as "Owner") and the City of Denton, Texas ("City") WITNESSETH: WHEREAS, Milton B. Clearman and wife, Anita A. Clearman are the Owner of a tract of land (the "Land") in the A.N.B. Tomplcins Survey, Abstract Number 1246, being affected by the public improvement project called the Bonnie Brae Road Widening and Improvements Project ("Proj ect"); and WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii) easements in, along, over, upon, under and across, a portion of the Land, each related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary real property interests for the Project; NOW, THEREFORE, the parties agree as follows: 1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special Warranty Deed (herein so called), conveying to the City, subject to the reservations described 1 , � � il � below, the tract of land being described in E�ibit "A" to that certain Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more particularly described therein; and (iii) a Drainage Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Drainage Easement (the "Drainage Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for drainage purposes, as more particularly described therein (the Utility and Slope Easement Lands, and the Drainage Easement Lands are collectively referred to herein as the "Easement Lands"). The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 1; (ii) the Utility and Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 2; and (iii) the Drainage Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 3(the Utility and Slope Easement and the Drainage Easement are collectively referred to herein as the "Easements") (the Fee Lands and the Easements are collectively referred to herein as the "Property"). B. Owner, subject to the limitation of such reservation made herein, shall reserve, for 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. Except as otherwise allowed as a member of the travelling public for purposes of accessing the Owner's Remaining Properiy from a public road, 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 andJor 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, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Fee Lands; and (ii) all substances (except oil and gas} which are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of the tertn "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and a11 areas above the surface of the earth. 2. As consideration for the granting and conveying of the Fee Lands and the Easements to the City and covenants contained herein, the City shall pay to Owner at Closing the sum of Three Hundred Thirty Thousand and No/100 Dollars ($330,000.00). The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. In addition to the Tota1 Monetary Compensation, and being a component part of the Project, the City sha11 perform, as consideration for the granting and conveying of the Fee Lands and the Easements to the City, and the covenants contained herein: A) limited transition grading ("Grading Work") upon the remaining portion of Owner's propezty ("Owner's Remaining Property"), along and proximate to (i) Owner's post Closing south boundary line (Highland Park Road frontage); and (ii) the easterly line of the Utility and Slope Easement Lands, as roughly depicted on Attachment 4, made a part hereof (the "Graded Area"), so as to render an approximate maximum slope of 4:1 from the boundaries described � above to where the Graded Area meets the existing grade on Owner's Remaining Property. The Grading Work contemplates only the initial establishment of the described grade and does not include the maintenance of such grade, such maintenance being the sole responsibility of Owner; B) limited transition paving (the "Transition Paving Activities") between the new driveway approach at Owner's post Closing south boundary line and Owner's remaining existing driveway adjacent to the Owner's garage, as roughly depicted on Attachment 4, made a part hereof (the "Transition Area"), resulting in a surmountable asphalt transition from the affected drive to the new concrete driveway approach. The Transition Paving Activities contemplate only the initial establishment of the described paving activities and do not include the maintenance of such paving activities, such maintenance being the sole responsibility of Owner; C) the placement of vegetative cover within the Graded Area (the "Vegetation Activities") of grass species presently located within the Graded Area, as consistent with the overall Project Activities. The Vegetation Activities contemplate only the initial placement and establishment of vegetative cover and do not include (i) insuring the permanent establishment of grass cover; or (ii) any maintenance activities after the initial placement of vegetative cover, such activities being the sole responsibility of Owner; D) a ternporary fence (the "Fence Work") sha11 be established by the City along a portion of the eastern boundary of the contemplated Utility & Slope Easement Lands, the location of which being depicted on Attachment 5, attached hereto and made a part hereof. The Fence Work shall be carried out using like materials, design and construction as Owner's existing fence, in a workmanlilce manner, and upon completion shall be suitable to contain within and prohibit entry onto Owner's Remaining Property by large dogs, substantially in the same manner as Owner's existing fence. City may, at its election, use the existing fencing material (subject to the Utility & Slope Easement) in conducting the Fence Work. The Fence Work shall be effectuated within 30 days after Closing. Upon completion of the Fence Work by the City, such fence improvements shall become the property of the Owner, to be managed and disposed of at any time, at Owner's sole discretion. 4 E) the cutting and capping of the Owner's existing irrigation system and septic system (the "Irrigation Work") located within the Fee Lands and Easements (if the City's exercise of its rights in the Easements will disturb, damage, or destroy all or any portion of the Owner's existing irrigation system and/or septic system). All costs and expenses associated with the Irrigation Work shall be solely borne by the City. F) The Grading Worlc, Transition Paving Activities, the Vegetation Activities, the Fence Work, and the Irrigation Work, are collectively referred to herein as the "Work". The Owner hereby grants the City (inclusi�e of City's contractors) a license to enter upon the Graded Area to perform the Work. All "Work" shall be performed in conjunction with the Project, and City's license granted herein shall only be exercised to the extent that such is reasonably necessary to perform the Work. Except as expressly excluded in or limited by this Agreement, the City sha11 be responsible for any and all physical damage caused to the Graded Area, including any improvements and utilities (water, gas, electric, telephone/internet, and cable, and, only as to septic or irrigation systems, as provided and limited in paragraph 3.E., above) located thereon, during the performance of the Work. 4. Except for Permitted Exceptions, the Owner shall convey and grant to the City the Fee Lands and Easements free and clear of all debts, liens and other encumbrances (the "Encumbrances"). Not�vithstanding anything to the contrary set forth herein, the Special Warranty Deed shall contain exceptions to the conveyances and warranties ("Permitted Exceptions"), if any, at City's election, either (i) as set forth in Schedule B(herein so called) of the Commitment for Title Insurance ("Title Commitment") ("Title Work"), along with an exception for valid and subsisting oil, gas and/or mineral leases, and any pooling agreements and amendments thereto, whether or not described in Schedule B of the Title Commitment; or (ii) as follows: "[V]alidly existing easements, rights-of- way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than Owner; and other validly existing instruments, other than conveyances of the surface fee estate that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or � shortages in area or boundary lines; any encroachments or overlapping of improvements; a11 rights, obligations, and other matters arising from and existing by reason of any governmental district, agency, or authority; and taxes for the year 2013, which City hereby assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes." The enumeration of the Permitted Exceptions herein, shall not affect the right of the City to exercise the rights provided .to it below, including without limitation, the right to terminate this Agreement. Additionally, the sale of the Fee Lands and Easement Lands shall be "AS IS" and without warranty of any kind regarding the condition of the land and improvements, if any, being conveyed. Both the Special Warranty Deed and the Easements shall contain the following provision: "City acknowledges that it is purchasing, and at Closing accepts the Fee Lands/Easements "AS IS" and, excluding any warranty of title set forth herein, without warranty whatsoever. Excluding such warranties of title, Owner hereby expressly disclaims and the City hereby waives all warranties whatsoever, express or implied, regarding the Fee Lands/Easements and improvements located thereon, if any. This disclaimer and waiver is intended to include in the definition of "warranty" or "warranties," any warranty of fitness for an intended use, any warranty that the Fee Lands/Easements are suitable for a particular purpose, any warranty that the Fee Lands/Easements are habitable, any warranty that the Fee Lands/Easements are merchantable, and any warranty that any improvements located on the Fee Lands/Easements are built or constructed in a good and workmanlike manner. City further acicnowledges that it is not relying in whole or in part upon any oral or written statements made or information or documentation provided by, or upon any warranty or representation (either express or implied) of any type or nature furnished by Ovmer, Owner's representatives, Owner's agents, Owner's Brokers or Real Estate Salespersons, Owner's employees, Owner's attorneys, Ovcmer's partners, any director, shareholder, or officer of Owner, Owner's affiliates, or any of Owner's predecessors in interest, successors andlor assigns (herein "Owner's related parties"), regarding the Fee Lands/Easements or any portion thereof. City acknowledges that City has been given a reasonable period of time prior to Closing to inspect, determine and evaluate whether City wishes to close the purchase of the Fee Lands/Easements. Excluding the warranties of title set forth herein, City hereby willingly and knowingly releases the Owner and Owner's related 6 parties of and from any and all claims, causes of action, liabilities, and damages (including attorney's fees and costs), whether existing now or in the future, relating to any warranty or representation of or by the Owner or any of Owner's related parties concerning any condition associated with the Fee Lands/Easements." So long as there is no cost or expense required of the Owner, the Owner shall assist and support satisfaction of all closing requirements of the City in relation to solicitation of releases or subordinations of the Encumbrances and other curative efforts affecting the Fee Lands and/or Easement Lands, if necessary in the discretion of the City. Within five (5) business days of receiving the same, the City shall provide the Owner with copies of any and all land title surveys and commitments for the issuance of title insurance which it receives up to and through the Closing Date. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such sha11 not be a default hereunder, although Owner may otherwise be in default under Section 11, below. However, if the Encumbrances are not cured as provided herein, City has the option of either (i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon which the remaining Encumbrances shall become additional Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 5. Owner stipulates that the Total Monetary Compensation payment and the Work, constitute and include all compensation due Owner by City related to the acquisition of the Fee Lands and Easements, including without limitation, any diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project (as such is contemplated on the Effective Date hereo� andlor acquisition of the Fee Lands and Easements, as contemplated by this Agreement; value of, and/or costs of repair, replacement and/or relocation of any improvements, garages, turf, landscape, vegetation, or any other structure or facility of any kind within the Easement Lands, Fee Lands and/or Graded Area, related to activities conducted pursuant to and within the scope of the rights granted by the Special Warranty Deed and the documents creating the Easements (but expressly excluding the "Work"); City ovcmership and operation of the Project upon (as such is contemplated on the Effective Date hereo� the Fee � Lands and Easement Lands; interference with Owner's activities on the Easement Lands or Owner's Remaining Property, caused by activities within the scope of rights granted by the Easements, 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 have now or in the future, related to the herein described matters, events and/or damages. Without limiting the general nature of the above, Owner stipulates that the Project will result in the removal of one (1) existing driveway access to Highland Park Road, leaving one (1) driveway access to Highland Park Road, as roughly depicted on Attachment 4, made a part hereof. Owner furtlier stipulates that the acknowledgment and releases provided in this Section 5 expressly include any matters that arise or might arise related to the removal of the one (1) driveway access described herein. 6. The Closing (herein so called) shall occur through the office of Universal Title Agency, LLC, d/b/a Universal Land Title of Texas ("Title Company"), 2650 Bardin Road, Suite 101, Grand Prairie, Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 60 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. Owner shall not be required to travel to the Title Company's offices if they so choose, and may instead close this transaction in the offices of their attorney, R. Scott Alagood, 1710 Westminster, Denton, Texas 76205. 7. The stipulated Total Monetary Compensation amount sha11 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 sha11 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 amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar yeax in which s Closing shall occur is known. The result of such proration is that the Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to Closing). Subsequent assessments incurred due to the sale of the Fee Lands, as contemplated herein, or the City's use of the Fee Lands after Closing, if any, shall be payable by the City. Notwithstanding anything to the contrary set forth heriein, if neither party has requested a readjustment of the proration of ad valorem taxes for the year that Closing shall occur (but not including subsequent assessments), in writing from the other party within one (1) calendar year from the Closing Date, then the ad valorem tax proration shall immediately thereafter, and without notice, become final and no longer subject to readjustment. The limitation upon readjustment provided herein shall not apply to subsequent assessments payable by Owner, as provided herein. All closing costs associated with this transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. 8. The date on which this Agreement is executed by the City shall be the "Effective Date" of this Agreement. 9.A. In the event Owner shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, City may as its sole and mutually exclusive remedy either (i) terminate this agreement prior to Closing by written notice of such election to the Owner, or (ii) enforce specific performance of this Agreement. 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 mutually 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. C. NOTICES. 9 i. NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES. If for the current ad valorem tax year the taxable value of the land that is the subject of this Contract is determined by a special appraisal method that allows for appraisal of the land at less than its market value, the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent taa� year and the land may then be appraised at its full market value. In addition, the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the land. The t�able value of the current land and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the land is located. Nothing contained herein shall be deemed to affect the responsibilities for the payment of ad valorem taxes, as provided in Section 7, above. ii. LOCATION OF PIPELINES. Upon the Owner's belief and knowledge as of the date this Contract is being executed, the Seller hereby notifies the Buyer of the following: The location of any transportation pipeline, including a pipeline for the transportation of natural gas, natural gas liquids, synthetic gas, liquefied petroleum gas, petroleum or a petroleum product, or a hazardous substance, on the Fee Lands/Easements are as follows: Except as may be set forth in a current survey to be obtained by City, if any, Seller is unaware of the location of any pipelines other than the natural gas pipeline running north and south along the entire western line of the Property. City is cautioned to fully investigate the existence of pipelines before closing. iii. NOTICE REGARDING POSSIBLE ANNEXATION. If the real property that is the subject of this Agreement is located outside the limits of a municipality, the real property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the real property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity for further information. 10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY 1N THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 11. From and after the Effective Date of this Agreement, through and including the Closing Date, Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter 10 into any Agreement that will be binding upon the Fee Lands or Easement Lands, or upon the Owner with respect to the Fee Lands or Easement Lands, after the date of Closing. 12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered 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: Milton B. Clearman and wife, Anita A. Clearman 1324 Highland Park Road Denton, Texas 76205 Phone Telecopy: Copies to: For Owner: CITY: City of Denton Paul Williamson Rea1 Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 For Ci : R. Scott Alagood Richard Casner, Deputy City Attorney 1710 Westminster City Attorney's Office Denton, Texas 76205 215 E. McKinney alagood@dentonlaw.com Denton, Texas 76201 Telecopy: (940) 891-0003Telecopy: (940) 382-7923 13. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. Owner stipulates and acknowledges that City, its officers, employees, agents, elected officials andlor contractors have made no statements or representations concerning the Project andlor City's activities related to same, except as otherwise provided in this Agreement. 11 Owner further acknowledges that, in executing this Agreement, they have relied solely upon the terms of this Agreement. City, its officers, employees, agents, elected officials and/or contractors make no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Owner, if any, whether furnished by City, its officers, employees, agents, elected officials, contractors and/or any other person or party. City, its officers, employees, elected officials and contractors, assume no liability for the accuracy, completeness or usefulness of any material furnished by City, if any, or any of its officers, employees, elected officials, contractors and/or agents, and/or any other person or party, if any and Owner hereby releases, for themselves, their heirs, devisees, successors and assigns, such parties from and against any and all claims related to such matters. Reliance on any material so furnished is expressly disclaimed by Owner, and shall not give rise to any cause, claim or action against City, its officers, employees, elected officials, contractors and/or agents. 14. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deed and/or Easements. 15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Property, City may, at its election, terminate this Agreement at any time prior to Closing. 16. Authority to talce any actions that are to be, or may be, taken by City under this Agreement andlor Easements, 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 G. Payne, P.E., City Engineer of City, or his designee. 17. Time is of the essence with respect to this Agreement. 18. City may NOT assign this Agreement without the express written consent of the Owner, such right to consent to be exercised in a reasonable manner. Nothing contained herein shall prevent City from contracting with third parties to perform all or any part of the Work. 12 19. This Agreement may NOT be recorded in the real property records of the County in which all or any part of the Fee Lands and Easements are located. CITY OF DENTON, TEXAS By• GEORGE C. CAMPBELL, CITY MANAGER Date: , 2013 ATTEST: I:• Date: WALTEI�S, CITY SECRETARY 2013 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY C�sY: �---�_ Date: %,o� • '� L 9 , 2013 CIIi�i�\�'� �� i ;. / / /�1/L ��L ►i •► : • �_.vu:► �Pvt� � CQ.cc�n�--- ANITA A. CLEARMAN Date: 13 2013 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acicnowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this 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 : Printed Name: Title: Contract receipt date: , 2013 14 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NAT[JRAL 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 MILTON B. CLEARMAN and wife, ANITA A. CLEARMAN (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, and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that inay 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 andJor related to exploration and/or production of the oil, gas and other minerals reserved herein, including without litnitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or 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 kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or other exploration and/or production method, operation, process or pt�ocedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the ineaning 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: Any discrepancies, conflicts, shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements; all standby fees, t�es and assessments by any taxing authority, current and delinquent; Right-of-way agreement by and between Milton B. Clearman and Spouse, Anita A. Clearman and Crosstex CCNG Transmission, Ltd., filed August 27, 2003, recorded in/under Volume 5405, Page 1030, of the County Clerk's Official Records of Denton County, Texas; Oil & Gas Lease between Milton B. and Anita A. Clearman and Eagleridge Energy, LLC, filed Apri126, 2010, recorded at Instrument Number 2010-38765 of the Real Property Records of Denton County, Texas; Amendment and Extension of Oil, Gas and Mineral Lease between Milton B. and Anita A. Clearman and Eagleridge Energy, LLC, filed 2012-21860 of the Real Property Records of Denton County, Texas; and any valid and subsisting oil, gas and/or inineral leases, and any pooling Page 2 of 5 agreements and amendments thereto, whether of record or not. Grantee acknowledges that it accepts the Property "AS IS" and, excluding any warranty of title set forth herein, without warranty whatsoever. Excluding such warranties of title, Grantee hereby expressly disclaims and the Grantee hereby waives all warranties whatsoever, express or implied, regarding the Property and improvements located thereon, if any. This disclaimer and waiver is intended to include in the definition of "warranty" or "warranties," any warranty of fitness for an intended use, any warranty that the Property is suitable for a particular purpose, any warranty that the Property is habitable, any warranty that the Property is merchantable, and any warranty that any improvements located on the Property are built or constructed in a good and workmanlilce manner. Grantee further acknowledges that it is not relying in whole or in part upon any oral or written statements made or information or documentation provided by, or upon any warranty or representation (either express or implied) of any type or nature furnished by Grantor, Grantor's representatives, Grantor's agents, Grantor's Brokers or Real Estate Salespersons, Grantor's employees, Grantor's attorneys, Grantor's partners, any director, shareholder, or officer of Grantor, Grantor's affiliates, or any of Grantor's predecessors in interest, successors and/or assigns (herein "Grantor's related parties"), regarding the Property or any portion thereo£ Excluding the warranties of title set forth herein, Grantee hereby willingly and knowingly releases the Grantor and Grantor's related parties of and from any and all claims, causes of action, liabilities, and damages (including attorney's fees and costs), whether existing now or in the future, relating to any warranty or representation of or by the Grantor or any of Grantor's related parties concerning any condition associated with the Property. This Deed is subject to that certain Purchase Agreement, dated on or about May 7, 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 Yage 3 of 5 Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED the l� r day of �,/ C/!� °� , 2013. / .� �`i/ / 1l • : `' ' 1�� r,tn � : f . . . .: . ACKNOWLEDGMENT THE STATE OF 1 `�� COUNTY OF �__✓1-- § �� This instrument was acknowledged before me on �� e- � , 2013, by Milton B. Clearman. � ,,,,,,�.,,,. ���' P'�= MICHELLE ANN BEECHER Notary Public, State o exas ;�'; MY COMMISSION EXPIRES My commission expires: � 3i� �� -:��,lanuery30,201s /,` �yt�'„�,.°• ACKNOWLEDGMENT THE STATE OF�r �� § COUNTY OF I��'v�y= § This instrument was acknowledged before me on � � J�� � 2013, by Anita A. Clearman. ` �' P�,=, MICHELLE ANN BEECHER MY COMMISSION EXPIRES � ,l�nuary 30, 2015 ���Af��` � Page 4 of 5 otary Public, State of Texasl 3��� My commission expires: _ Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 5 of 5 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 r � • �� . - . ,;;« ' • yF9 � PAGE 1 0� ,4 W.C. ORR. JR. VOL. 773, ' PG. 55 D.R.D:C.T. I ' PROPOSE❑ R.O.W: � N00 '37 ' 43 " E 945:83' MATCH LINE PAGE 2 WIDTry �- PROPOSED R.U.W. N/TGAI2CAP.R. �S01'27'O6"W 94,45' EXHIBIT 'A' - Page 1 of 4 cG � !,� n �� �(o 9 �� 9�`y�o � �' � s � � ( ' SET 1/2' I.R. - � .�''� �O�`y�9 1i/ GAI CAP ��',� ,� �, k�" '� � S46'2D' 1B"W � ��" -;� . y q9 50. 71' fi„3" 's;,�° v C � ' '�� '9p HETGA42CAP. R. � . ��� ,��L , . �O , 'j,. A�`� . � A= 10'42'22" ^=�,•� . LO7 1 JEAN M.G. TUNNELL 6 AGNES H, ROGERS SOLAR WAY..A�OITION CAB.., B, PG. 196 P.R.�.C.T. � 2216 S. BONtJIE BRAE LOT 2 CHFISTOPHER M. WATTS VOL 5102, PG. 2398 � ❑.R.D.C.T. . 50LAR WAY ADDITION .CAB. H. PG. 44 P.R.O.C.T. R°952.50' T�89.25' . L=177.99' . so5•22�25•E 2324 HTGHLAND PARK RD Lc=1�7. �2' TRACT 137 ` MIL:TON B. CLEARMAN 6 . SPqUSE, ANITA A. CLEARMAN �VOL. 4437, PG. 2213 ser iiz• i.a. D.R.D.C.T. H/ GAI CAP SET i 2' I.R. �' !i'13'18' w W/ GA4 aAP • R=635.50` Ta62 43' \ � . ' �°. L=124.47' SET i/2' I,R. . -�-�a S55'43'36"E N84'53'03"E W/ GAI CAP � W 28.28' Lc=124.27' -� SET i/2' I.R. SET 1 2' I.R. .. N/ GAZ CAP W/ GA� CAP � rN79'16'2-0"E / �P'S�� �� S89'30' iB"E 130.00' i (71.00' R.O.W. N69•3o'ie"W 429.16' — PROPOSEU R.O.W. � � �' • ` ° I61.69' N � � -�I ° "� 2220 S. BONNIE BRAE ��� HARLAN PROPERTIE5, INC, r°n ' LOT'3A, �,,Z,, w' VOL. 4704, PG. 1297 � JOHN P. oANSBY oo w¢ °. o.R.D.c.T. VOL. 1554, PG. 969 z ¢ • '. . �.R.O.C.T. IH� N x 0o a o . SOLAR WAY A�DITIDN I aD m 3 " CAB. H, P0.• 44 � W NOTE_ SET i/2" I_R. W/ GAI CAP TO P.R.D_G.T. , ,.w.,m BE 5ET AT END OF CONSTRUCTIDN, Za . Z m¢ . I' �I BASIS OF BEARING IS NORTN AMERICAN OATUM � PARCEL 21 —RO �1 — 1 OF 1983 (NAO-B3) STATE PLANE COORDINATE SYS7EM, 'fEMAS NORTH CENTRAL. BEING A � 66;422 SQ.F'F./1.52 ACRE � � VARIABLE WIDTH :RIGHT—OF—WAY DEDICATION OF WHICH 31,881 SQ. FT. LI�S WITHIN EXISTING RIGHT--OF--WAY OF BONNIE BRAE STREET � SITUATED IN THE � A.N.B. TOMPKINS SURVEY, �''' � � � ABSTRACT N0. 1246, . � DENTON COUNTY� TE11iiS 6RAPHIC SCALE �-��oo� Graham AssociQtes,lnc.. 0' 50 100 150 . CONSULTING ENGINEERS �C PLANNERS - eoo sx Fucs or��, sw� sao ,�w�NO1or�, �us �em� (a» a�o-as3s QATE: SEPTEMBER 2011 78PE FlRAIt F-1181/iBPtS'FIRAI: 101638-00 . �/uencon/rzirtowrarcx { . .. ....... ... .. ...., :.. : . . . . . _ . , ... . . _ . . . .. . . ^.F_:'.i: � . � .�, ' � . - � � � � . � • _ EXHiBiT 'A' - Page 2 of 4 . i s . - 190D. S. B�NNZE BRAE . BONNIE BRA� ❑ENTDN INVESTMENT, LTO LOT� !, BLOCK i, M & B METAL AODITION CAB. �, PG..362 � I: ' P.R.D.C,T. . I . I. I � 3 W � Q ¢ ' . ' . . � . . y' � �° , � H • m 3 . � J ~ Ri za H 1824 5. SONNIE BRAE � °m d JONES FAMILY TRUST � 45.86 AC� ' va N00 '37' 43"E 945.83' W.C. ORR, JR. VOL. 773, PG. 55 D.R.O.C:T. a � Q= 1'48'37" R=6950.58' T=109.82' L=219.61' S25'48'2B"E Lc=219.61' �W/rGAI�CAP R. \ c� \ T n �y �O 9✓' 'Dyo 9� O !� ¢� �� �' \ �°'�y2� � �F \ p 9 .� 9�9 \ �9 O MATCH LINE PAGE 1 I ! � 1841 S. BONNIE BRAE LOT 1. BLOCK i, OREN 6 RUTH 7HOMA5 SWEET CREEK A�DITIDN, . � CAB. M. PG. BO P.R.D.C.T. Z . . O �� ' a� Q m Zas+ d �UN a�,n�Q �� a�-+Jaa� . • v JU Fa-t�� .=amHmQ �Q zv , =~za�° 0 F-� J N �O� a Lfl BE SET AT END OF CONSTRUCTION. . PARCEL 21. —ROW— i BEING A : 66,422 .SQ.FT./1.52 ACRE VARIABLE WIDTH RIGHT—OF—WAY DEDICATION � OF WHICH 31,881 SQ. FT. LIES WITHIN : EXISTING RIGHT--OF--WAY OF BONNIE BRAE STREET SITUATED �IN THE . A.N.B. T4MPKINS SURVEY, � � ABSTRACT N0. 1246, -: � � DENTON COUNTY, TEXA.S `� � ' � . 6RAPHIC SCALE i"-100' . :. Gr6:ham Assaciates,lnc. � CONSULTING' ENGINEERS dc. PUNNERS o 50 100 150 6D0 SIX FIAG$ DRIVE," SUIfE 600 � FlTO�� TExAS' �601) (et� 84o-Eb35 , �� Fl�` �°��°° OATE: SEPTEMBER 2011 . J/Denton/P2iRowParti � .... . . . . . . . � . . . . . , . . .. . ... . , _ _ ' . r . �i � �'i� . . . . . . . � . � . . � , - � . � . . . .':.r � � . � � � - � � . - ' EXHIBIT 'A' - Page 3 of Rl PAGE 3 OF 4 4 THENCE North 00°37'43" East, along sa.id appro�mate centerline of Bonnie Brae Street, a distauce of 945.$3 feet to a point for corner, being the begirming of a non-tangent curve to the left having a radius of 6954.58 feet, a central angle of 1°48'37" and a long chord . which bears South 25°48'28" East, 219.61 feet, said point being in the west riglrt-of-way '. . line of Gulf- Colorado & Santa. Fe Railroad (a variable width R.O.W.}; � TFiENCE southeasterly� leaving said approximate centerline, and following along said west'rzght-of-way line of Railroad and along said non-tangent curve to the left, an arc distance of 2L9.b1 feet to a set 1/2 inch iron rod with GAI cap for corner, being�in the proposed east right-of-way line of sa.id Bonnie Brae Street. (a variable widfih R.O.W. at tlus point); . � � PARCEL21-ROW-1 � � LEGAL DESCRIPTION VARTABLE WIDTH RIGHT-OF-WAY DED�CATION BEING a 1.52 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract IVo. 1246, Aenton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Clearman and spouse Anifa A. Clearman, as recorded in Volume 4437, Page 2213, Dee� Recoxiis, Denton County, Texas. Said 1.52 acre tract of land being more particularly described by metes and bounds as follows: .COMMENCING at a found 1/2 i�ch izon rod for the,northeast corner of T�ot 3A ar�d the southeast comer of .Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in, Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existirig west right-of-way line of Boiuiie Brae Street (a variable vvidth R.O.W.); THENCE North 34°03'19" East, for a distance of 61.64 feet to a point for comer, being the POINT OF BEGINNING, and being located in the approximate centerline iritersection of said Bonnie Brae Street and Highland Park Road (a variable widtJi existing R.O.W.); . . THENCE South 06°23'S7" 'West, leaving said west right-of-way line of Railroad and following along said proposed east right-of-way line of Bonnie Brae Street, �or a distance . of 326.49 feet to a set 1/2 inch iron rod with GAI cap �or corner; . THENCE South 01°27'06" West, continuing along said� proposed east right-of-waq line; for a distance of 94.45 feet to a set 1/2 inch iron rod with GAT cap for corner; THENCE South 46°20'16" West, continuing along said proposed east right-of-way line, for� a distance oi 50.71 feet.to a set 1/2 inch iron rod with GAI cap for corner (being a 95.00 foot R.O.W, at this point), and being the beginniing of a non-tangent curve to tlie left having a radius of 952.50 feet, a central angle of 10°42'22" and a long chord which � beais South OS°22'25" East, 177.72 feet; rf . � _ , _ , ` . EXHIBIT 'A`- Page 4 of 4 � PAGE 4 0F 4 . . THENCE southeasterly, along said proposed east right-of-way line and said non-tangent curve �to the left, an arc d'zstance of 177.98 feet to a set 1/2 inch iron rod with GAI cap for corner; � THENCE South 10°43'36:' East, continuing along said proposed east right-of way line, for a distance:of 97.67 feet to a set 1/2 inch iron rod with GAI cap for corner, being the xnost northerl�y point of a corner-clip �vith the proposed north right-of-way line of .sa.xd Highland Park.Road (a 71.00 foot R.O.W.); THENC$ South 55°43'36" East, along said comer-clip, for a distance of 28�28 feet to a ,se� 1/2 inch iron .rod .with GAI cap for corner, being in said proposed north right-of-way line of Highland Park Road; THENCE North 79°16'24" East, alon.g said proposed north right-of-way line, for a distance �of 88.52 feet .to a set 1/2 inch iron rod with GAI cap for corner, being the beg�inning of a tangent curve to the right having a radius of 635.50 feet, a central angle of 11°13'18" and a long chord which bears North 84°53'Q3" East, 124.27 feef; THENGE northeasterly, along said proposed north night-of-way lzne and said curve to the right, an arc distance of 124.47 feet to a set 1l2 inch iron rod with GAI cap for corner; :THENCE South 89°30'18" East, continuing along said proposed north right-of-way line, for a distance of 13Q.00.feet to a set 1/2 inch iron rod with GAI cap for comer; THENCE Sout3i 00°29`42° West, leaving said proposed north right-of-way line, for a distance oi 35.50 feet to .a point for Corner, said' point being in said approximate - centerline of Highland Park Road; THENCE Nortti 89°3Q'18° West, along said approximate centerline, for a distance of 429.16 feet :to the POINT OF BEGINNING and CONTAINING 66,422 square feet or 1.52 acres of land, more or less, of which 31, 881 square feet of land is being used as roadway use and drainage at tlus time. . 03'If' cd``Z 7niversal Land Tit1e o£ Texas - 704-30855 Doc-72251 - ._ . . . __ ./ r/ **** Electronically Filed Document �`*** Denton County Cynthia Mitchell County Clerk �RI - G�NA� Document Number: 2013-72251 Recorded As : ERX-WARRANTY DEED Recorded On: Recorded At: Number of Pages: Recording Fee: Parties: Receipt Number: Processed �y: June 13, 2013 11:41:51 am 10 $52.00 Direct- CLEARMAN ANITA A Ind irect- �a�zs2o Dwayne Kitzmiller ************ THIS PAGE IS PART OF THE INSTRUM�NT `**'"******''* Any provisfon herein which restrlcts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. THE STAiE Ut TEXAS) GQ� GOUNTY OF DEN'CONj � ] hercby ce.tily �l..t ehis i�vtrv.entwet FILED In the File Nu.Ler�equrnea on the d�teJtiYe primcd hcron, end wm dWy RECORDE➢ in ,l.c DRi=:.1 Revordi of Deoton Couoty, Tezes. �.,L .r. � Counly Clert �� -�846 � Demm� Comly, Texas ''�.........�' LandtitleUSA.Com 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 TN REAL PROPERTY BEFORE IT IS F1LED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUIVIBER OR YOUR DRNER'S LYCENSE NUMBER. THE STATE OF TEXAS COUNTY OF DENTON UTILITY AND SLOPE EASEMENT § § KNOW ALL MEN BY THESE PRESENTS: § THA.T Milton B. Cleannan and wife, Anita A. Clearman ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, 21 S E. McKinney, Denton, Texas 76201, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CON VEY unto the City of Denton, Texas ("Grantee") a perpetual utility and slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton Couniy, Texas, located in the A.N.B. Tompkins Survey, Abstract Number 1246, to wit: PROPERTY DESCRIBED IN EXHIBTT "A", ATTACHED HERETO AND MADE A P.ART HEREOF For the following purposes: Constructin,g, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and lateral slope, and related facilitXes and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workinen and representatives ("Grantee's Related Parties"), for the purposes set £orth herein, including without lirnitation, the making additions to, improvements on and repairs to said facilities, lateral slope features or grade or any part thereof. This Easement is subject to the following covenants and agreements: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property by Grantor. Further, Grantor stipulates az�d acknowledges that the Gra.n.tee, in consideration of the benefits above set out, naay alter the grade o� the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as rnay now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that rnay itr�pair, damage or destroy the ]ateral slope, includ'uag without limitation., excavation or movement of soil or other material. Following the initial grading and revegetation of grass cover within the easement, for erosion control purposes, Grantee sha11 attempt to restore revegetation of grass cover on the Properiy to as near its original condition as reasonably practicable, where such has been disturbed as a result of Grantee or Grantee's Related Parties exercise of its rights hereunder. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that �nay encroach upon the Properiy. Grantee may cut, trim, or reznove any shrubs or ixees, or portions of shrubs or trees now or hereafter located �vvithin or that rnay encroach or overhang upon the Property without liability to Grantee, including t�vithout limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to make use of the Propertq for any purpose that does not interfere with the Grantee's rights gxanted to it herein for the purposes graiated. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. 7. Grantee acknowledges that it accepts the easement conveyance herein ("Easement") "AS IS" and, including any warranty of title, without warranty whatsoever. Including any warranties of title, Grantee hereby expressly discla.izns and the Grantee k►ereby � waives all warranties whatsoever, express or implied, regarding the Easement and improvements located thereon, if any. This disclaimer and waiver is intended to include in the definition of "warranty" or "vvarranties," any warranty of title, any warranty of fitness fox an intended use, any warranty that the Easement is suitable for a particular purpose, any warranty that the Easement is habitable, any warranty that the Easement is merchantable, and any warranty that any improvements located on the Easennent are built or constructed in a good and workmanlike manner. Grantee further acknowledges that it is not relying in whole or in part upon any oral or written siatements nnade or information or documentation provided by, or upon any warranty or representation (either express or implied) o� any type or nature furnished by Grantor, Grantor's representatives, Grantor's agents, Grantor's Brokers or Real Estate Salespersons, Grantor's employees, Grantor's attorneys, Grantor's partners, any director, shareholder, or officer of Grantor, Grantor's affiliates, or any of Grantor's predecessors in interest, successors and/or assigns (herein "Grantor's related parties"), xegarding the Easement or any portion thereof. Including any warranties o� title, Grantee hereby willingly and knowingly releases the Graz�tor and Grantor's related parties of and from any and all claimis, causes of action, liabilities, and damages (including attorney's fees and costs), whether existing now or in the future, relating to any warranty or representation of or by the Grantor or any of Grantor's related parties eoncerning any title or physical condition associated with the Easement. TO HAVE AND TO HOLD unto ihe said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. ,�� �� Witness our k►ands, this the �_r_ day of �%� �� , 2013. Grantor: � ��� �• /'' �.e��t�rrQ Milton B. Clearman +� . An ta A. Clearman �3 ACKNOWLEDGMENT THE STATE OF � K� COUNTY OF This in,strument was acknowledged before me on �J�� (a �� , 2013, by Milton B. Clearman. - ,,,�,,, � : �� r�: MICHELLE ANN BEECHER MY COMMI5SION EXpIRES NOiaTy PltbI1C, in and far the State o� Texas : ��: 3� �'�f,Q�.;,�'�� �"�e�J'3o� 2015 My Commission Expires: - � ACKNO WLEDGMENT `I'�lE STATE OF l� � � COUNTY OF § 9�-L� This instrument was acknowledged before me on �� ��� , 2013, by Anita A. Clearman. u,, : ��`�Y P`�=: MICHELLE ANN BEECHER '*� ``= MY COMMISSION EXPIRES '"'��4�,�;� Januery�o,2ot5 Notary Public, in and for the St'te of Texas -� My Commission Expires: � � AFTER RECORDING RETURN TO: City of Denton - Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 4 �. f, . � PAGE i OF 2 � W. C. DRR, JR. VOL.:773, PG: 55 s: �.R:D.C.T. � .�i. . ' , . � . ^I��. i .. _ � . ' � ( I i i PROPOSEO R.O.W.. .� � � r �� � � �' � � ;. I I � �. � 20'. CPOSSTEX EASENENT � I I� �� � IN97RUHENT N0. 20pB-50200 r� . � • D.R.D.C.T: . � I � i. _ _��_ 1_� � ( -- . — ---. i � A= 10'42'22' • Rs952.50' , T=69.25' � L=177.98' i N05'22'25"W • � " LOT 1 Lc=177.72" ,� JEAN H.G.' TUNNELL &. 95c � AGNES H'. ROGERS i 50LAR WAY ADOITION �' CA6. B, PG: 196 � P.R.�_C.T. �^ � �o � _ � QQ • 2216 S. BONNIE BRAE '.. • LDT 2 N'IOTH � � PROPiSEO R.O.W. � EXHIB�T A- Page 1 of 2 - cG f,� ��'o! �9��9900 . �F Q' . ���5� � 9 -<` N46 16 E � . F 5 .71' ' � � �99r 'J ( 9 / � �� \ a soi•27�o8-w �@�'���� � � 56.16' �j` ��; ����� x � . -506'07'39'W 134.73' A= 1'15'�5' R=944 50' �T=io.sa' 2324 HIGNLAN� PARK RD / �@eo.a�• TAACT 137 � s�o•o5•5s-e MIL70N B. CLEARMAN � ��=2a � • 5POU5E, ANIl'A A. CLEARMAN /�• � �/ VOL. A437, PG. 2213 �� D.R.D.C.T. f�`� � -510'43�3� � 105.67' I rl 1`_ �� i / CHRISTOPHER M. WA7TS N�0 43 36 ,. . i � � +� /( / " VDL _ 3102; PG. 2398 97.67' ' � � � ^ '� � . � � PROPOSED R. D. W. _ �.R.D.C.T. . �� ;r rN55'43'36'W'� ~—( �!"" ' .� " f 3 } _ ��,�-':t: '`�- - - i�__ ii. jJf-----�----__�..--rrtj'�IGN71�o0PR�6:W�ir'""-- --- --- SOLAR WAY'ADDITION / � ' r �. � • .Is_-- ---------'- 1 J�---'--------....__..11J�--- 1�'_-----.._,.:._.._ 11 CAB. . H.: PG. 44 i i 4'! �L� � P.R.D.C.T. •`�/ �� I 2,,'��� � PDIN7 OF BEGINNING .. . . . i y�.\\l/ �ah i — '� ' � OSED R.O.W. � �` i PROP — _.. -- — _ � '' I r.. ; --" — � HARLAN PROPERTIES, INC. 2220 S. BONNIE BRAE ` � VOL. 4704. PG. 1297 LOT 3A � ❑.R.O.C.T. JOHN P. DANSBY ° ' ti VOL. 1554, PG. 969 Z�� ti D.R-o•C:T• ' oaz ' . a �k �- i � SOLAR WAY ADDITIDN � � CAB. H, PG. 44 : ; P,R.U.C.T. `� � BASIS OF BEARING IS NORTH AMERICAN DATUM ' '� � ' OF 1983 (NA�-83) STATE PLANE COORDINATE � ; I SYSTEM, TEXAS NORTH CENTRAL. I � PARCEL 21-U&SE- 1 . . � BEING A � 5,463 SQ.FT./U.13 ACRE � � . `VARIABLE WIDTH . UTILITY AND� SLOPE EASEMENT SITUATED IN� THE A.N.B. T4MPKINS SURVEY, ABSTRACT N_0. 124fi, � . DENT�N COUNTY, TEXAS Gr.pham Asso�iates,lnc. '� CONSULTING•ENGINEERS � PLANNERS soo s�x Fu.cs atave, swtE soo. . ARLWCTON. 1F7t115 76Mt C81� &10-853.9 - 1HPE FlftAh F-1191�TBPlS FIRM: 1D13?J6-00 ' � . GRAPNIC SCALE • 1'<100' 0 50 1D0 150 DAJE: JUNE 14, 2a 11 i in....a..., io......�.,n..�e /r�.l /Tm /P>nGvh i hi f c/PDi 11F� - � • . � viuon�...v.,..����.o�.� ....�......� ...... _. _...._____• . __ . __ 1 i , �... - .. . � ' . . f.: . • �� PAGE 2 OF 2 EXHIBIT A- Page 2 of 2 . PARCEL 21-USE-1 • LEGAL DESCRIPTI�N � VARTABLE WIDTH UTILITY & SLOPE EASEMENT BEING a 0.13 acre tract of land situated in the AN_B. Tompldns Survey, Abstract No. 1246, �. De�tori County, Texas, being a portion of Tract 137 as conveyed by deed io Milton B. Clearman and, spouse Anita. A. Clearman, as recorded in Volume 4437, Page 2213, Deed Records, Denton � County, .. Texas. Said 0.13 acre tract of land being more particularly described by metes and . . bounds as follows: COMII�NCING at.a found 1/2 inc� iron rod for the northeast corner of Lot 3A and the southeast comer of Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in Cabin.et H; Page 44, Plat Records, Denton County, Texas, also being in the e�sting west right-of-way line of.Bonnie Brae Street (a variable width RO.W.); TH�,�,NCE North 52°11'S1" East, for a distance of 121.77 feet io a point for comer, being the � POINT OF BEGINNIl�TG and being the most northerly comer of a corner-clip at the intersection . . o£ proposed east right-pf-way line of Bonnie Brae (hasing a vari.able width R.O.W.) and the proposed north right-of-way line of Highland Park Road (a 71 foot R.O.W.); ' .. THENCE North 10°43:36" West, along said proposed east right-of-way line, for a distance of 97.67 feet to a point for comer, being the begiuuung of a taligent curve to the right having a radius o£952.50 feet, a central angle of �10°42'22" and a long chord which bears North OS°22'25" West, 177.72 feet; � TFIENGE northwesterly, along said proposed east right-of way line and said curve to the right,. an arc distance of 177.98 feet to a point for corner; TT�NCE Nortii .46°20'16" East, continuing along said proposed east right-of-way, for a distance of:50.71 feet to a point: for comer (being a variable width R.O,W. at this point); 'I�IENCE South Ol°27'06" West, leaving said pcoposed east right-of-way line of Bonnie Brae �. . Streef, for a distance of 56.16 feet to a point for corner; � t � 'TFIENCE' South 06°07'39" West, for a distance of 134.73 feet to a point foz corner, being the beguuung of a non tangent curve to the left having a radius of 944.SU feet, a central angle of ; 1°15'15" �and a long chord.which bears South 10°OS'S9" East, 20.67 feet; THENCE southeasterly, along said non-tangent curve.to the left, an arc distance of 20.67 feet to a point for corner; � • T'HENGE�South 10°43'36"'East, for a distance of 105.67 feet to a point for corner, said point being in the northwesterly.line of said corner clip; THENCE North 55°43'3b° West, along said comer-clip, for a distance of 11.31 feet to POINT OF � BEGINNING. and CQNTAINING 5,463 square feet or 0.13 acres of land, more or less. . � 7niversal Land Title of Texas - 704-30855 Doc-72252 - ._ .Y **** Electronically Filed Document '�*** Denton County Cynthia lVlitchell County Clerk Document Number: 2013-72252 Recorded As : ERX-EASEMENT Ftecorded On: Recorded At: Number of Pages: Recording Fee: Parties: Receipt Number: Processed By: June 13, 2013 11:42:OQ am 7 $40.00 Direct- CLEARMAN ANITA A Ind i rect- 1052820 Dwayne Kitzmiller "�`"`*"`******* THIS PAGE IS PART OF THE INSTRUMENT �'`***'`****** Any provision herein which restrlcts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. TMfl srnre Ur 7EXAS) GQ� COUNTY OF DENTON) � ! huehy cerl'Jy th.t �hi. i.otru.c.ntwei F1LED In We Flle Nuabcr.equmc� an the d�eeJi�we prinmd hc.on end we. duly RECORDED in ihe OtticiJ Hecordr of Denron Couuy, Tc:e.. � � Cau..�NK•l/�- ti'Y��$Y���r� Oe�onGomry,Teza+ RIGI � ��l � LandtitleUSA.Com '� � NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU A.RE 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 NUNll3ER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS COUNTY OF DENTON DRAINAGE EASEMENT § § KNOW ALL MEN BY THESE PRESENTS: § THAT Milton B. Clearman and wife, Anita A. Clearman (collectively, "Grantox"}, in consideration of the surri of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, 215 E. McKinney, Denton, Texas 76201, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GItANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee"} a perpetual drainage easement in, along, upon, under, over and across the following described property (the "Property"}, owned by Grantor, and situated in Denton County, Texas, located iri the A.N.B. Tompkins Survey, Abstract Number 1246, to wit: PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the follovving purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, including without limitation, the right to overflow the Property, and related structures, facilities and appurtenances, in, along, upon, under, over and across said Property. The rights granted herein shall further include, without limitation, the free and uninterrupted use, liberiy, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives ("Grantee Related Parties"), for the puzposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said drainage facilities, drainage features or grade, or any part thereof. This Easernent is subject to the following covenants and agreeinents: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property by Grantor. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the gxade of the Property and may remove froxn the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, £ences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. Following the initial grading and revegetation of grass cover within the easement, for erosion control puzposes, Grantee shall attempt to restore revegetation of grass cover on the Property to as neax its original condition as reasonably practicable, where such has been disturbed as a result of Grrantee or Grantee's Related Parties exercise of its rights hereunder. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public properiy or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Properry or that may encroach upon the Property. Grantee rnay cut,: trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to malce further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to make use of the Property for any purpose that does not interfere with the Grantee's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantar and Grantee, and their heirs, devisees, successors and assigns. 7. Grantee acknowledges that it accepts the easement conveyance herein 2 ("Easernent") "AS IS" and, including any warranty of title, without warranty whatsoever. Including any warranties of title, Grantee hereby expressly disclaims and the Grantee hereby waives all warranties whatsoever, express or implied, regaxding the Easement and improvements located thereon, if any. This disclaimer and waiver is intended to include in the definition of "wa�ranty" or "warranties," any warranty of title, any warranty of fitness for an intended use, any warranty that the Easement is suitable for a particular purpose, any warranty that the Easement is habitable, any warranty that the Easement is inerchantable, and any warranty that any improvements located on the Easement are built or constructed in a good and workrnanlike manner. Grantee further acknowledges that it is not relying in whole or in part upon any oral or written statements made or information or documentation provided by, ox upon any warranty or representation (either express or implied) of any type or nature furnished by Grantor, Grantor's representatives, Grantor's agents, Grantor's Brokers or Real Estate Salespersons, Grantor's employees, Grantor's attorneys, Grantorr's partners, any director, shareholder, or officer of Grantor, Grantor's aff'iliates, or any of Grantor's predecessors in interest, successors and/or assigns (herein "Graz�.tor's related parties"), regarding the Easement or any portion thereof. Including any warranties of title, Grantee hereby willingly and lcnowingly releases the Grantor and Grantor's related parties of and from any and all clauns, causes of action, liabilities, and damages (including attorney's fees and costs), whe#her existing now or in the future, relating to any warranty or representation of or by the Grantor or any of Grantor's related parties conceming any title or physical condition associated with the Easement. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness our hands, this the �� y of �% �'L , 2013. Grantor: �� �•� Milton B. Clearman ��� � • V� C1.1YV�� .Anita A. Clearman 3 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument vvas acknowledged before me on ����� /� , 2013, by Milton B. Clearman. .u„ =i�4"'f�: MICHELLEANNBEECHER '*• '*' MY COMMISSION EXPIRES -"'i�;4�;���m�� January 30, 2015 THE STATE OF TEXAS COUNTY OF DENTON ( � Notary Public, in and £or the State of Texas My Commission Expires:_ �� c�' �� ACKNOWLEDGMENT This instrument was acknowledged before me on ��� �� , 2013, by Anita A. Clearman. ��''� P�: MICHELLEANNBEECHER 1 �*` '`� MY COMMISSION EXPIRES 'i'go�; ��' .►anuary3o,2015 Notary Public, in and for the State of Texas My Commission Expires: /� 3� � �� AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 4 .,y�,y . . . . . . , - - . -. � 11 . � . PAGF.i OF 2 BASIS:OF BEARING IS�NORTH AMERICAN �ATUM OF 1983 (NA�-B3) STATE PLANE COOROTNATE `. SYSTEM, TEXAS'NDRTH CENTRAL. 1824 5: BONNIE BRAE ' . " JONE$ FAMILY TRU5T - VOL. 4913, PG: 2359� D.R.U.C.T: . I � [ _ - o 0 W.C.'ORF. JR:: uq. VOL. 773, PG. 55' D.R.D.C.T. I I � } � o Q 4 "' r �� a ¢ � � -w.� J �< 3 �+ ' a � . � -� I I I I . . � � � I� ; 1 w �. � a I� I ��.N I J '- o � � � 20' CR0557E% EASEMENT � I I g Z � ' INSTRl1MENT N0. 2008-58200 ' - . � � D.R.D.0.T. -. N - . , . ^_ � - �_ �� . � � LOT ..1 � � JEAN M.G. 7UNNELL & AGN�S H: ROGERS ' SDLAR WAY ADOITION CAB. 8, � PG. 996 P.R.O.C.T. rr.v � � r EXHIBIT A- Page 1 of 2 TO NDRTHWEST CORNER A= i '39' OB" R=6950.58' T=100.23' L=200.45' S27'32'21"E Lc°2U0.44' cG !,� C� �q (O � 9�, '9y �B �o ( C� Q' a E� ��o s�� � ` yb � 9 F ° 9 \ � 9'��9 j�p'� � 5�tpti 9 POINT OF BEGINNIN �' 2324 HIGHLANO PARK RO w ' TFiACT 137 a MILTON B. CLEARMAN 6 N SPOUSE. ANITA A. CLEARMAN a VOL.. 4437, PG. 227.3 � � • D.R.D.C.T. � � �� � . . ' '. �. .' N �����' - � - . . , . ' ' Q � .p� 2276 5. BONNIE BRAE ��� � LOT 2 � HDUS ���� CHRISTOPHER M. WATTS H F ' � YOL. 5i02, PG. 2398 Z .� • �.R.D.C.T., m `SOLAR WAY ADpITI�N � - CAB. H, . PG. 44 P:R.�.C.T. . NOTES: i. THIS EASEHENT LIES WITHIN A FEOERAL EMERGENCY HANAGEMENT AGENCY DESIGNATEO FLOOD PLAIN �R FLDOD PRONE AREA AS �ESIGNATEn ON 7HE FLOOD INSURANCE RATE MAP FOR DENTON COUNTY CDMMUNITY , PANEL 48121C0370 G,EFFECTIVE DATE APRIL 18.2011. 2220 5. HONNIE BRAE Z ' .� JOHNLPT UANSBY ��� p�CEL 21—DE-1 VOL, 1554. PG. 969 F-w� °.R.°.�.T. BEING A aU� 29 083 � S.FT. 0.67 ACRE � � � � � GRAPHIC�SCALE � 1•-�00� VARIABLE� �FIDTH DRA/INAGE EASEMENT ��� � �0 5o soo �50 �ITUATED IN THE A.N.B. T�MPKINS SURVEY, Graham. Associates,lnc. ABSTRACT N0. 1245, �� CONSULTING ENGINEERS � PlANNERS DENTON COUNTY, TEXAS � 600 SlX FlJ1GS. DPoVE. SUl7E SOD ARUNGiDH, TEXAS 78011 i�7� 610--8535 . 1BPE FlRAI_ F�H91/7HPIS f�. �mase-oo � . DATE: JL1LY 2011 J/DBI1tOf1/BOf1f112G1'08/G80/ 1 m/YBf tXf11�1LS/rCiue3 . . . . . d; �-w�: ° , , . _ _ ' . - . . . . . � . . . . . . . . - . . . _ - .. ° � ... 1 �,.:1:�: . . �: � � . ' ' . " . . . ' . � . � ' EXHIBIT A- Page 2 of 2� .~ . PAGE 2 OF 2 . PARCEL 21-DE-1 LEGAL �ESCRIPTION VARIABLE WIDTH DRAINAGE EASEMENT BEING a 0.6Z acre: tracf of land situated in the AN.B. Tompkins Survey, Abstract No. 1246; DenYon County, Texas; being a portion of Tract 137 as conveyed by deed to Milton B. Clearman. and spouse Anita A. Cleaimau, as recorded in Voltune 4437, Page 2213, Deed Records, Denton : County; Texas, Said 0.67 acre tract of la.nd being more particularly described by metes and bounds as follows: ,. COMI��NCING at a fpund 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast coiner qf Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Bxa.e Street (a variable width R.U.W.); , THENCE North 14°22'46" �ast, for a distance of 394.92 feet to.a point for comer, being the POINT OF. BEGINiVJNG and being in the proposed east right-of-way lin.e of said Bonnie Brae Street (a . variable widtH right-of-way at.tlus point); THENCE Nortti Ol °27'06" East; along said proposed ea st right-of-way tine, for a distance of 94.45 .. fe�t to a point for corner; • THENCE North 06°23'S7" East, continuing along said proposed east right-of-way line, for a . � distance o£ 326.49 feet to .a point for corner, being .in the �west right-of-way line .of the. Gulf- � Colorado & Santa Fe Railroad.and being the begnuiing of a non-tangent curve to the left having a '� , radius of 6950.58 feet, a central angle of 1°39'08" and a. long chord which bears South 27°32'21" East, 200.44 feet; � � TI�NCE southeasferly, leaving said proposed east right-of-way line of Bonnie Brae Street �apd followi.ng along said west right-of-way line of the Railroad and said non-tangent curve to the left, .. an arc distance of 200.45 feet to a point �or comer; ' THENGE South i 5°51'S9" West, leaving said west right-of-way line of the Railroad, for a distance of 165.04 feet to a point for cozner; � THENCE South 46°20'16'! West, for a,distance of 11934 feet to the POINT OF BEGINNING and CONTAINING 29,08�3 square feet , 0:67 acres of land, xnore or less. � J:\DentonlBonnie &aelCadlTenamodel\Pareel Exhibitc�P21-AE-l.doc I Jni.versal Land Title of Texas - 704-30855 Do�-72253 -- � ._. ��� GI NA L **** Electronically Filed Document �`*** Denton Caunty Gynthia lVlitch�{I County Cierk Document Number: 2013-72253 Recorded As : ERX-EASEMENT Recorded On: Recorded At: Number of Pages: Recording Fee: Parties: Receipt Number: Processed By: June 13, 2013 11:42:10 am 7 $40.00 Direct- CLEARMAN ANITA A Ind irect- 1052820 Dwayne Kitzmiller ********'"*** THIS PAGE IS PART OF THE IN5TRUMENT '`�"`**i''`***** Any provision herei� which restrlcts the Sale, Renial or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. T�,,� THE STATE UF TE7tASJ GO�++v,/1 COUNTY OF DENTON) .,t., � 1 4crc6y ceRily �h.[ Wis im�.�aca�[ wes FlLED in the File Nuaber sequmce on Me d�feJiue yru�tcd hcron, md wsi duly RECORDED in �I.a OHic:.l Recardr o1 Demm� Couoty, Tecea, �. � � � Cow�� �'..,�%$4�,� o��m�comq,Te:� LandtitleUSA.COm 1 ' � � ATTACHMENT 4 p' I ,I �' MlL TON B. CLEARMAN & � I f-: I� I TO SPOUSE, ANITA A. CLEARM,4N f %' �; ';� � PURCHASE AGREEMENT �OL. 4437, PG. 2213 j; f,r I f aRa.c.r. � �� . ��. �,�� � �'� . � `� 1 �� ` �;: ~ ( ; � i / � L ' ;�; , l -Dbi'f,�. t,�y �/,�+ El�� �t � "I - ir -�U�/iis%'""Y)iC;f'�+�'.�4�+�7i.�}:f7!l,U�:c.�� � f}� �., I � f1 n' j r, . ,/, 1 �' ` 1' i / "�� C � L- r•:,,, , ' I ' '� ( , Y IN' `�r ;� )f� ', � . y + j I 1 '-. �' �� t i �� 1� ,� � , . { _ � �1��: rJ 1 , 1% � __ t .1. � �` � � r' , ,�1 , j � �.:�' _=�. �� ��'l , �;�' _ _ �= � � � C i � i$� �.� � �� , � � � � :�:: � � '; 1 � 1 I , "I I 1 d I � � ',, �:; ; {�r . , �t �� l 6 ; �J ('� I � `, � ' 3. , ��> � I.�� ii 1!� i I � '�ii r 7 � :� 1 g + � c, ,��i ( , ,.;- '•a1 �` , ' , �L�'gD TKRNSrtio� � �T�(kO�alir �F+.�.�.,,, .,�.l,� . 'til . _ . -% :, �,� .� - �''r. y � '- -. . ._� ,.[s �. i �m �T�,� �-r,��► � ��-►fl� P�vr � c, PrR �A � !1 ,_ — _ ` 2+o��-e�, " .. _ ��. . . .. .,A_ ... . . .. _ . .. . - . . . __.. � . ...�,.`_^ .,r. . .. __. � � r�. . r r fP�F�'��'" .Q � � � �f} � ,llr .. -.;ii(* .17.,,. �1�; �::� � )r...�-- �... .`^s''` J. _k yf f r. - 4 �F k . _. 1!,r � ti,,� , 'Y- ,j-i . _ .:ic-t a ..(�,d' ..V" .1 � � � t . y .i. �, : ....... ,;�._ � . o{..1s-h'X .._. :: y:,i:..c.r :_,i ._ _ � . ..__ )� - . �,.,%f�.L?.-_ -..: =;'Y 1�p s ,,My „ �: 1 1 � � I c �" 1~�= � Cl7 � � � 2 O d ---- -..+,�.��: ATTACHMENT 5 TO � NORTH PURCHASE AGREEMENT Bonnie Brae Widening & Improvements project GF #704-30855 City of Denton Parcel 21 Pts. 1& 2, DE, U, SE, 81143-016382 TCE OWNER'S POLICY OF T1TLE INSURANCE (T-1) Issued by Title Resources Guaranty Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must 6e given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, Title Resources Guaranty Company, a Texas corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or othenvise in�alid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perForm those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachmenY' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but oniy to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws 6y reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attomeys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. � ,� ' ,' �s ����4,,� 7`itle Resout'ces Guarn.tctj� Contjiany � � � � �C�,�,, � � � �cw�-P � � fZc,c4�{CZ-- �74$. - �9 p �� �� By' An Authorized Signature � �'�iy �.$�r� Executive Vice Presfderh - �� 7- � V� ��. �7 �I . . TBXAS (1����� . � � Secretary FORM T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/1/2010 IMPORTANT NOTICE To obtain information or make a complaint: You may call Fidelity National Title Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-442-7067 You may also write to Fidelity National Title Insurance Company at: 8750 N. Central Expwy., Suite 950 Dallas, Texas 75231 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 1491�4 Austin, TX 78714-9104 Fax:(512)475-1771 Web: httv://wv���.tdi.state.�.us �-mail: ConsumerProtectionna,tdi.state.tx.us PREMILTM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis Compania de Seguros de Titulo de Fidelity National Title para inforniacion o para someter una queja al: 1-800-442-7067 Usted tambien puede escribu• a Compania Seguros de Titulo de Fidelity National Title 8750 N. Central Expwy., Suite 950 Dallas, Texas 75231 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 VJeb: htt�//wv��w.tdi.state.t�c.us E-mail: ConsumerProtecCion a,tdi.state.t�.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto 2739843 (2/10) Owner's Policy of Title Insurance T-1 (2/O1 /10) OWNER'S POLICY OF TITLE INSURANCE Issued by Title Resources Guaranty Company SCHEDULE A Name and Address of Title Insurance Company: TITLE RESOURCES GUARANTY COMPANY 8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251 File No.: 704-30855 Policy No.: 81143-016382 Address for Reference only: CITY OF DENTON, BONNIE BRAE ST, VINTAGE BLVD TO IH 35E, PARCEL 21 ROW-1, DE- 1 & USE-1, DENTON, TX Amount of Insurance: $330,000.00 Date of Policy: June 13, 2013, at 11:41 am Name of Insured: CITY OF DENTON, TEXAS 2. The estate or interest in the Land that is insured by this policy is: PARCEL 21 ROW: FEE SIMPLE Premium: $2,149.00 PARCEL 21 DE: NON-EXCLUSIVE EASEMENT ESTATE CREATED BY INSTRUMENT DATED JLTNE 12, 2013, A.ND RECORDED IN INSTRUMENT NO. 2013-72253, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. PARCEL 21 USE: NON-EXCLUSIVE EASEMENT ESTATE CREATED BY INSTRUMENT DATED JUNE 12, 2013, AND RECORDED IN INSTRUMENT NO. 2013-72252, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. Title is insured as vested in: CITY OF DENTON, TEXAS 4. The Land refened to in this policy is described as follows: (per Revised Field Notes dated 11-01-12) PARCEL 21 ROW -1: BEING A 1.52 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE A.N.B. TOMPKINS SURVEY, ABSTRACT NO. 1246, DENTON COUNTY, TEXA.S, AND ALSO BEING THE IDENTICAL PROPERTY DESCRIBED IN DEED FROM MII.TON B. CLEARMAN AND WIFE, AIVITA A. CLEARMAN TO THE CITY OF DENTON, TEXAS, A TEXAS HOME RULE MUNICIPAL CORPORATION, DATED JUNE 12, 2013 AND RECORDED IN INSTRUMENT NO. 2013-72251 OF THE DEED RECORDS DENTON COUNTY, TEXAS, AND BEING THE SAME PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PiIRPOSES. PARCEL 21 DE - 1: BEING A 0.67 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE A.N.B. TOMPKINS SURVEY, ABSTRACT NO. 1246, DENTON COUNTY, TEXA.S, AND ALSO SEING THE IDENTICAL PROPERTY DESCRIBED IN DRAINAGE EASEMENT DATED JLTNE 12, 2013 AND RECORDED IN INSTRUMENT NO. 2013- 72253 OF THE DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING THE SAME PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MA.DE A PART HEREOF FOR ALL PiIRPOSES. PARCEL 21 USE-1: BEING A 0.13 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE A.N.B. TOMPHINS SURVEY, ABSTRACT NO. 1246, DENTON COUNTY, TEXAS, AND ALSO BEING THE IDENTICAL PROPERTY DESCRIBED IN UTILITY AND SLOPE EASEMENT DATED JiTNE 12, 2U13 AND RECORDED IN INSTRUMENT NO. 2013-72252 OF THE DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING THE SAME PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. FORM T-1: Owner's Policy of Title Insurance Page 1 Continuation of Schedule A Policy No. 81143-016382 NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for information and/or identification purposes and does not override Item 2 of Schedule B hereof. FORM T-1: Owner's Policy of Title Insurance Page 2 r PAGE 1 OF 4 W.C. ORR, JR. VOL. 773, PG, 55 D:R.�.C.T. PRqPOSE� R,O.W. MATCH LINE PAGE 2 WIDTH PROPOSED A.O.W. SE7 S/2' I.p. N/ GAI CM SO]'27'06'W I � 94.45' N00'37'43'E 1 945.03' I � I . LOT 1 JEAN M.G. TUNNELL 6 A6NES H. ROGERS SOLAR WAY ADDITION CAB. 6. PG. 796 P.R.D.C.T. 2216 S, BONNIE BRAE LOT 2 CHRIS70PHER M. WATTS VOL. 5102, PG. z398 ❑.R.D.C.T. SOLAR WAY AOOI7ION CAB. H, PG. 44 P.R.O.C.T. 2220 5. BONNIE BRAE �OT 3A JDHN P. �ANSBY YOL. 1554, P6. 969 o.a.o.c.T. SOLAR WAY ADOITION CAB. H, PG. 44 P.R.D.C.7. Z F 3 ILH W O w 1�wN¢ H f � W Ioa� ¢o m 3 w "' H J I = m Z 4 D � m ¢ 4 > I �SET f/2' I.R. % ' q/ GAI CAP —546'20' �6"W 50.71' f 2' I.F. G1 CaP e- �o•4z��2- R-952_50' T-69.25' L-177.98' 505'22'25'E Lc-S77.72' 1 1 SET 1/2' I.H rw, �Ar ��P EXHIBIT "A" - Page 1 of 4 cG C� n � �� O�O �9 'p 9 1'9.� O� N9 y y� 9 � O � 99� .� �9 9 O 2324 HIGHLANO PARK RO TRACT 137 MILTON B. CLEARNAN & 5POU5E, ANITA A. CLEARMAN VO�. A437, P6. 2213 D.R.D.C.T. N 5EY i/2' T.R_ , R�635.50•SB' �. M/ GAI CAP r-62.43' 0 � . L-124.d7' �n S55'43'36"E N84'53'03'E �41 28.26' Lc�124.27' '� � SE7 f /2' I. R. M/ GAI CAP N79'16'24'E 88.52' P F;: U-W . SE7 f/2' I.R. INi OF GINNING '03'19'E 1.6�' \ � w/TGAI2CAP.R. SET 1 2' I.F. M/ GA CAP SB9'30'SB"E 130,00' N P ° 1.00' R_O.W.1 -. Ne9'30' 18'W� 429,16' PROPOSED F1.0_W. HAR�AN PROPERTIES, INC_ VOL. 4704, PG. 1297 O.R.�.C.T. PARCEL 2 I —ROW-1 BEING A 66,422 �Q.FT./1.52 ACRE N_ �O m� N� o "� 0 � NDTE: SET i/2" I.R. W/ GAI CAP TO BE SET AT ENO OF CONSTRUCTIDN. BASIS OF BEARING IS NORTH AMERICAN DATUM OF 3983 (NA�-B31 STATE PLANE COOROINATE SYSYEM. TExAS NpRTH CENTRAL. OF WHICH 31,881 SQ. FT. LIES WITHIN EXISTING RIGHT—OF—WAY OF BONNIE BRAE STREET SITUATED IN THE A.N.B. TOMPKINS SURVEY, � ABSTRACT N0. 124fi, DENTON COUNTY, TEXAS GRAPIiIC SCALE �--soo� I^ Graham Associates,lnc. 0 5a 1oa ,50 / j� CONSUL7ING ENGINEERS � PUNNERS `�`� noo s�x rucs oai�, sw� 600 ,uxuHOror+, roctis �eon (et7j a�o-eau DATE: SEPTEM6ER 2011 T S P E FVtY: F- 119 1/'1BPLS Fl R� 1 b 6 S D- D O � J/Denton/P21RoxPartl A PAGE 2 OF 4 SB00. 5. BONNIE BRAE I BONNIE BRAE OENTON INVESTMENT, LTQ LOT i, BLOCK i, M 6 B METAL AODITION, I CAB. �, PG. 362 P.R.O.C,7. I SB24 S. BDNNIE BRAE JONES FAMILY TRUST 45.66 AC N00'37'43"E 945.83' W.C. ORR, JR. VOL. 773. PG. 55 D.R.D.C.T. F- z wo w ¢Q N = w� a° ¢ M m 3 N w. J' z q �I a �' � m ¢I \ \ WI07H '� EXHIBIT "A" - Page 2 of 4 8ASI5 OF BEARING IS NORTH AHERTCAN DATUM OF 1963 (NAO-83) S7ATE PLANE COOROTNATE SYSTEM, TEXAS NORTH CENTRAL. �A- 1'-08'37" R-6950.SB' T-109.82' L-219.6]' 525 '4 B' 2B' E Lc-219.61' SET 1/2' I.R. \ %-w� c�i cnP �G \ �� 1 n i� �(O �"'� 'y�q 9vo / B� o F �' ���, s �l`�� qy� \ y v 9 F. \ 'o •y 9 .J �9 \ O O MATCH LINE PAGE 1 PARCEL 21-ROW-1 BEING A 66,422 SQ.FT./1.52 ACRE 7841 5. BONNIE BRAE LOT i, 6L�CK 1, OREN & RUTH THOMAS SWEET CREEK ADOITZON, CAB. M. PG. 80 P_R.O.C.T. z o �� r= ac m Z a ,-i Q � J N d ¢ U ama ��- o.��aa�; Z a��a ' _I U F-1� � xami--+md co ¢ z v HF-ZQV'� = a V ~ W J N --� (n O m �» N O d f!7 NOTE: SET i/2' I.R. W/ GAF CAP TO BE SET AT END OF CONSTRUCTION. OF WHTCH 31,881 SQ. FT. LIES WITHIN EXISTING RIGHT-OF-WAY OF HONNIE BRAE STREET SITUATED IN THE . A.N.B. TOMPKINS SURVEY, ABSTRACT N0. 1246, n DENTON COUNTY, TEXAS GAAPHIC SCALE S'-SOO' ^ Graham Associates,lnc. /[,]� CONSULTING ENGINEERS � PLANNERS o sa ioo �50 `� eoo sx ruos ort�v�, sui� soo uur�ora+, �x�s �eoit et� e�o-a�a TaPE RRM: F-11o1/i�LS : 101�-00 DATE: SEPTEMBER 2011 . J/Denton/P21ROwPartf PAGE 3 OF 4 PARCEL21-ROW-1 LEGAL DESCRIPTION � EXHTBYT "A" - Page 3 of 4 BEING a 1.52 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract N�. 1246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Cleazman and spouse Anita A. Clearman, as recorded in Volume 4437, Page 2213, Deed Recoxds, Denton County, Texas. Said 1.52 acre tract of land being more particularIy described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast corner of Lot 2 of Solaz Way Addition, an addition to the City of Denton as zecorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable width R.O.W.); THENCE North 30°03'19" East, for a distance of 61.64 feet to a point for corner, being the POINT OF BEGINNING, and being located in the appro�timate centerline intersection of said Bonnie Brae Street and Highland Park Road (a variable width existing R.O.W.); THENCE North 00°37'43" East, along said approximate centerline of Bonnie Brae Street, a distance of 945.83 feet to a point for corner, being the beginning of a non-tangent curve to the left having a radius of 6950.58 feet, a central angle of 1°48'37" and a long chord which bear$ South 25°48'28" East, 219.61 feet, said point being in the west right-of-way line of Gulf- Colorado & Santa Fe Railroad (a variable width R.O.W.); THENCE southeasterly, leaving said approximate centerline, and following along said west right-of-way line of Railroad and along said non-tangent curve to the left, an arc distance of 219.61 feet to a set 1/2 in�h iron rod with GAI cap for corner, being in the proposed east right-of-way line of said Bonnie Brae Street (a variable width R.O.W. at this point); THENCE South 06°23'S7" West, leaving said west right-of-way line of Railroad and following along said proposed east right-of-way line of Bonnie Brae Street, for a distance of 326.49 feet to a set 1/2 inch iron rod with GAT cap for corner; THENCE South O1°27'06" West, continuing along said proposed east right-of-way Iine, for a distance of 94.45 feet to a set 1/2 inch imn rod with GAT cap for corner; THENCE South 46°20'16" West, continuing along said proposed east right-of-way Iine, for a distance of 50.71 feet to a set 1/2 inch iron rod with GAT cap for comer (being a 95.00 foot R.O.W. at this point), and being the beginning of a non-tangent curve to the left having a radius of 952.50 feet, a central angle of 10°42'22" and a Iong chord which bears South 05°22'25" East, 177.72 feet; � EXHIBIT "A" - Page 4 of 4 PAGE 4 OF 4 THENCE southeasterly, along said proposed east right-of-way line and said non-tangent curve to the left, an arc distance of 177.98 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 10°43'36" East, continuing along said proposed east right-of-way line, for a distance of 97_67 feet to a set 1/2 inch iron rod with GAI cap for corner, being the most northerly point of a corner-clip with the proposed north right-of-way line of said Highland park Road (a 71.00 foot R.O_W.); THENCE South 55°43'36" East, along said corner-clip, for a distance of 28,28 feet to a set 1/2 inch iron rod with GAI cap for corner, being in said proposed north right-of-way line of Highland Park Road; THEIVCE North 79°16'24" East, along said proposed north right-of-way line, for a distance of 88.52 feet to a set 1/2 inch iron rod with GAI cap for comer, being the beginning of a tangent curve to the right having a radius of 635.50 feet, a central angle of 11°13'18" and a long chord which bears North 84°53'�3" East, 12427 feet; THENCE northeasierly, along said proposed north right-of-way line and said curve to the right, an arc distance of 124.47 feet to a set 1/2 inch iron rod with GAI cap for comer, THENCE South 89°30'18" East, continuing along said proposed north right-of-way line, for a distance of 130.00 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 00°29'42" West, leaving said proposed north right-of-way line, for a distance of 35.50 feet to a point for comer, said point being in said approximate centerline of Highland 1'azk Road; THENCE North 89°30'18" West, along said approximate centerline, for a distance of 429.16 feet to the POINT OF BEGINNING and CONTATNING 66,422 square feet or 1.52 acres of land, more or less, of which 31, 88l square feet of land is being used as roadway use and drainage at this time. 03'1 S`' ca�v � � � PAGE 1 OF 2 � W.C. OAR, JR. ����' �-E �rDTH VOL. 773. PG. 55 `� D.R.O.C.T. 1 - �� � -- �- �-�1'• � 1 � �� ' •.Y -I_ -� � _�, r:-; Q PROPOSE❑ R.O.W. � I � ! ��+ � � ; I � � I I I ` ; :' 20' CRD557EX EA5EHENT ' ( � � TNSTRLIHENT NU. 2008-SB200 � � ( � � O.R.O.L.T. --------------�--�--� ; A; SO'42'22' R�952.50' 7�89.25' L-177.9B' No5'22'25"W Lc-]77.72' L�T 1 JEAN M.G. TUNNELL 6 AGNES H. RDGERS SO�AR WAY AD�ITIDN CAB. 6. PG. 196 ' P.R.U.C.T. 22i6 5. BDNNIE BRAE LOT 2 CHRISTOPNER M. HATTS YDL. 5102. PG. 2398 0_R_D.C.7. SDLAq HAY ADDITION CAB. H, PG. 44 P.R.D.C.7. N70'43'36'H-} 97.67' 1 i r� � , 1 / / \ ' i � .' ���/ "� I ;�� • „ �\ \ \ \� � 1 � � .� � I i ---'--'�J4 I 2220 5. BONNIE BRAE � LOT 3A o'� ti ' JOHN P. OANSBY ,� VOL. 1554. PG. 969 Z� � ti O.R.�.C.T. � 4Q� SOLAR WAY ADOITION CAB. H, PG. 44 � P.R.D.C.T. ~ � ` ! I ' � i EXHYBIT "A" - Page 1 of 2 � i�J I cG CT t' �nC � �9�9 �r veoo . ov,osEO a.o.w. ``�L s % '�oqy � `�'S- 9 f 6' E ,y oF 0 I `�� �-9�r` 5��� l `90 5 �`� � po �501'2?'06'W _q_Q���� \ 56.f6' �d� � ���� X � �506'07'39"H 134.73' A= 1'15'15' R-9o43a� 2324 HIGHLAND PARK RD �-20.6�' TRACT 137 / 5]0'05'59"E MILTON 8_ CLEARMAN 6 l� Lc�2D.67' % � `/ SPOVOL. 4437A PG.C2213MAN D.A.O.C.T. I�. �..� � t,l �� � ��. . sio•a3'3��/ �\ � 105.67' ; �`"��, � � �_ : . ,; - - �,�-'�; , � .�—'-�`'` _� _ �' PROPDSED R.O.W. � +'N55'43'36"W'� ~ , 1].31' � � �.iIGNLAND_�AfRK AO P..r---o - -- , jr�-�---�..----------�: j. • (71.0o R.6.M��l� - ---- --.I.Li�------- --J1tJ'--- '�--------•-'`-- , POIN7 OF 6EGINNING r �_ pROPOSE� A-�•W• HAR�AN PFDPERTIES, YNC. VOL. 4704, PG. 1297 O.R.D.C.T. BASIS DF BEARING IS NOR7H AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE LODR�TNA7E SYSTEH, TEXAS NORTH CENTRAL. ; FARCEL 21—U&SE— 1 BEING A ' 5,463 SQ.FT./0.13 ACRE I VARTABLE WIDTH UTILITY AND SLOPE EASEMENT SITUATED IN THE A.N.B. T�MPKINS SURVEY, ABSTRACT N0. 1246, � DENTON COUN'1'x, TEXAS . � Graham Associates,lnc. � CONSULTING • ENGiNEERS � PIANHERS 600 9X FUCS DRIVE. SU17E SOO ARLlICTd{ TFXILS 760'11 (et� 64o-B3J6 � t� F-nvi/rurt.s �una: imsaa-ao 6RAPHIC SCAI.E • 1'�SDO' 0 50 ]OD �50 DATE: JUNE 14, 2011 J/Denton/BonnieBrae/Cad/Tm/ParExhibits/P21UE] EXHTBIT "A" - Pagc 2 of 2 PAGE 2 OF 2 PARCEL 21-USE-1 LEGAL DESCRIPTION � VARIABLE WIDTH UTILITY & SLOPE EASEMENT BBING a 0_13 acre tract of land situated in the A_N.B_ Tompldns Survey, Abstract No. 1246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Clearman and spouse Anita A. Cleannan, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 0.13 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast comer of Lot 3A and the southeast comer of Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable width R.O.W.); THENCE North 52°11'S1" East, for a distance of 12I.77 feet to a point for corner, being the POINT OF BEGINNING and being the most northerly corner of a corner-clip at the intersection of proposed east right-of way line of Bonnie Brae (having a variable width R.O.W.) and the proposed north right-of-way line of Highland Park Road (a 71 foot R.O.W.); � THENCE North 10°43'36" West, along said proposed east right-of-way line, for a distance of 97.67 feet to a point for comer, being the beginning of a fangent curve to the right having a radius of 952.50 feet, a central angle of 10°42'22" and a long chord wkuch bears North OS°22'25" West, 177.72 feet; THENCE nozthwesterly, along said proposed east right-of-way Iine and said curve to the right, an arc distance of 177.98 feet to a point for corner; THENCE North 46°20'16" East, continuing along said proposed east rip�t-of-way, for a distance of 50.71 feet to a point for comer (being a variable width R.O.W. at this point); THENCE 5outh O1°27'06" West, leaving said proposed east right-of-way line of $onnie $rae Street, for a distance of 56.16 feet to a point for corner; THENCE South 06°07'39" West, for a distance of 134.73 feet to a point for corner, being the beginning o£ a non-tangent curve to the left having a radius of 944.50 feet, a central angle of 1°15'15" and a long chordwhich bears South 10°OS'S9" East, 20.67 feet; THENCE southeasterly, along said non-tangent curve to the left, an arc distance of 20.67 feet to a point for comer; TI�NCE 5outh 10°43'36" East, for a distance of 105.67 feet to a point for comer, said point being in the northwesterly line of said corner clip; THENCE North SS°43'36" West, along said comer-clip, for a distance of 11.31 feet to POINT OF BEGINNING and CON'TAINING 5,463 square feet or 0.13 acres of land, more or less. � PAGE 1 DF 2 BASIS OF BEARING IS NOR7H AMERICAN �ATl1H OF 1983 (NAO-83) STA7E PLANE COOADINATE SYSTEN, TEXAS NORTH CENTRAL. iH24 S. BDNNIE BFAE JONES FAMILY TRU5T VOL. 4913. PG. 2359 ❑.R.D.C_T. W, C. ORR, JR. VOL. 773, PG. 55 �.R.D.C.T. I 1 0 20' CFOSSTEX EASEMENT I INSTitUHEHT N�. 2008-58200 �i O.R.O.[,T. ', — — — -�- —I �— LOT 1 JEAN H.G. TUNNELL 6 AGNES H. ROGERS SOLAF YIAY A�DI7IDN CA6. 9. PG. 196 P.F.D.C.T. 22f6 5. BDNNIE BRAE LOT 2 CHFTSTOPHEA M. WATT: YD�, 5l02, PG, 239B ❑.R.O,C.T. SOLAR NAY ADOITIDN CAB. H, PG. 44 P.R.D.C.T. w � w � O1. � m f- a w o t4- Q �n = �- a o Q � m w w H J Iz a ti m � > I W 0 t=+ h � N �' o w Z ¢ � N / n 219.61' TO NORTHMEST PR�PER7Y COF4IER / � 0 ��� %/� �n Ih � %��� 2 '�� yp6�ti9' EXH7BTT "A" - Page 1 of 2 �A= S'39'DB' R�fi950.58' T-100.23' L=200_45' S27'32'21"E �c=2D0_44' cG �� n �� ��o v,fl+'' y90 9B O �� Qi � �`'r`o �j. '�y 9 \ � T � ° 9 \ � � 9 o . 0 POINT OF BEGZNNING °'1 2324 HIGHLAND PARK R� W1 TRACT 137 a ; MILTON B. CLEARhfAN & N i 5POU5E, ANITA A. CLEAFMAN � � � V�L.. 4437, PG. 2213 , � D.R.D.C.T. g�j p�" ������� Hp�SE '� ���� � N�TES: i. THIS EASEHENT LIES NITIiIN A FEDERAL EMERGENCY NANAGEHENT AGENCY �ESIGNATEO FLDOD PLAIN OR FLD00 PRONE AREA AS �ESIGNATED ON TNE FL000 INSURANCE RATE HAP FOR DENTON GDUNTY GOMMUNITY PANEL 48]21C0370 G,EFFECTIVE �ATE APflIL 18,20]1. 2220 5. BONNIE BRAE �m JOHNLP7 DANSBY o�� pARCEL 21—DE-1 V�L. 1554, PG. 969 �w� o.a.o.c.T. oo� BEING A au� 29,083 SQ.FT./0.67 ACRE 6RAPHIC SCALE 1•-,00• V�gI�LE WIDTH DRAINAGE EASEMENT 0 5o soo �50 SITUATED IN THE A.N.�. TOMPHINS SURVEY, Graham Associates,lnc. ABSTRACT N4. 124fi, � GONSUL7ING ENGINFFRS � PLANNERS DENTON COUNTY� TEXAS aao �x �s,cs omv�, sn� soo �n.wara+. �Fws �eott (si» e•^ •'•° iBPE FlRN: F-11P1/7k1YlS �'Gtll• 1015�00 DATE: JULY 2011 J/Denton/Bonnie6rae/�atl/Im/Nartxnioics/rciuti PAGE20F2 PARCEL 21-DE-1 LEGAT, DESCRIPTION VARIABLE WIDTH DRAINAGE EASEMEN'I' EXHTBIT "A" - Page 2 of 2 BEING a 0,67 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract No. I246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton S. Cleannan and spouse Anita A. Clearman, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 0.67 acre tract of land being more particularly described by metes and bounds as foIlows: COMMENCING at a found 1/2 inch iron rod for the northeast comer of Lot 3A and the southeast comer of Lot 2 of Solar Way Addition, an addition to ttie City of Denton as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west night-of-way line of Bonnie Brae Street (a variable width R.O.W.); THENCE North 14°22'46" East, for a distance of 394.92 feet to a point for comer, being the POIN'T OF BEGINNING and baing in the proposed east right-of-way line of said Bonnie Brae Street (a variable width right-of-way at this point); THENCE North Ol °27'06" East, along said proposed east right-of-way luae, for a distance of 94.45 feet to a point for corner; THENCE North 06°23'S7" East, continuing along said proposed east right-of-way line, for a distance of 326.49 feet to a point for comer, being in the west right-of-way line of the Gulf- Colorado & Santa Fe Railroad and being the beginrung of a non-tangent curve to the left having a radius of 6950.58 feet, a central angle of 1°39'08" and a long chord which bears Soutt► 27°32'21" East, 200.44 feet; TIIENCE southeasterly, leaving said proposed east right-of-way line of Bonnie Brae Street and following along said west right-of-way line of [he Railroad and said non-tangent curve to the left, an arc distance of 200.45 feet to a point �or corner; THENCE South 15°51'S9" West, leaving said west right-of-way line of the Railroad, for a distance of 165.04 feet to a point for corner; THENCE South 46°20'16" West, for a distance of 11934 feet to the POINT OF BEGINNING and CONTAINTNG 29,083 square feet , 0.67 acres of land, more or less. J:\Den[on\Bonnie $raelCadlTerramodel�Paicel ExhibitslP2t-DE-Ldoc OWNER'S POLICY OF TITLE INSURANCE Issued by Title Resources Guaranty Company SCHEDULE B File No.: 704-30855 Policy No.: 81143-016382 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arisc by reason of the terms and conditions of leases and easements, if any, shown in Schedule A, and the following matters: 1. Tl�e following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): ITEM 1 OF SCHEDULE S IS HEREBY DELETED IN ITS ENTIRETY. 2. Any discrepancies, conflicts, or shortages in area or boundaiy lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations; governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of inean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. All standby fees, taxes and assessments by any taxing authority, current and delinquent. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception.): a. Right-of-way Agreement by and between MILTON B. CLEARMAN AND SPOUSE, ANITA A. CLEARMAN and CROSSTEX CCNG TRANSMISSION, LTD., filed August 27, 2003, recorded in/under Volume 5405, Page 1030, of the County Clerk's Official Records of Denton County, Texas. b. Oil, gas, and sulphur as provided in deed recorded in Instrument Number 2013-72251, of the Deed Records, Denton County, Texas. c. All oil, gas and sulphur leasehold interest and/or other mineral interests, as affected by Instrument Number 2013-72251, recorded in Deed Records, Denton County, Texas. d. Section 14 of the Conditions and Stipulations of this Policy is hereby deleted. e. Terms, conditions and provisions of that certain non-egclusive easement pursuant to Drainage Easement from Milton B. Clearman and wife, Anita A. Clearman to City of Denton, Texas, dated June 12, 2013, filed June 13, 2013 and recorded in Document Number 2013-72253 oithe Deed Records, Denton County, Texas. (Easement Estate) FORM T-1: Owner's Policy of Title Insurance Page 3 Continuation of Schedule B Policy No. 81143-016382 Terms, conditions and provisions of that certain non-exclusive easement pursuant to Uiility and Slope Easement from Milton B. Clarman and wife, Anita A. Cleaman to the City of Denton, Texas, dated June 12, 2013, filed June 13, 2013 and recorded in Document Number 2013-72252 of the Deed Records, Denton County, Texas. (Easement Estate) Countersigned Universal Land Title of Texas By Charon Cotnoir FORM T-1: Owner's Policy of Title Insurance Page 4 Title Resources Guaranty Company Owner's Policy No.: 8ll43-016382 GF No. 704-30855 Premium Amount Rate Rules Proper[y County Liability Date Type Code 1 2 3 4 5 6 7 8 $2,149.00 1000 4 121 $33Q000.00 06/13/2013 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, hy reason of the operation of federal bankruptcy, state insoivency, or similar creditors' rights laws, that the transaction �esting the Title - as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed hy governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity. (d) "Insured": the Insured named in Schedule A. (i) The term "Insured" also includes: (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured ClaimanY': an Insured claiming loss or damage. (� "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The tertn "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, a�enues, alleys, lanes, ways or waterv�rays, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": the estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable titie. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which FORM T-1: Owners Policy of Title Insurance (For Use Only in Texas) Effective 2/1/2010 the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the co�erage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in tFie closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnity the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a 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. 4. PROOF OF LOSS. In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS. (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a couR of competent jurisdiction and it expressly resenres the right, in its sole discretion, to appeal from any adverse judgment or arder. 6. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or govemmental regulation, shall terminate any liability of the Company under this policy as to that claim. (c) If the Insured demands that the Company accept a settlement offer that is not greater than the Amount of Insurance or if the Insured expressly agrees that a settlement offer should be accepted, the Company has a right to be reimbursed if it has timely asserted its reservation of rights and notified the Insured that it intends to seek reimbursement if it pays to settle or defend a claim that is not covered by the policy. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under FORM T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/1/2010 This policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of the payment. 17. LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS. When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall 6e no joinder or consolidation with daims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or ciaim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shali he arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be ar6itrated only when agreed to 6y both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract behveen the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. FORM T-1: Owners Policy of Title Insurance (For Use Only in Texas) Effective 2/1/2o10 Therefore, the couR or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at: Title Resources Guaranty Company, 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251. FORM T-1: Owners Policy of Title Insurance (For Use Only in Texas) Effective 2/1/2010