2013-131s:llegallour documentslordinances1131mcnatt easement ordinance.doc
ORDINANCE NO. 20 i 3-131
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS ("CITY") TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN EASEMENT
GRANT AND ABANDONMENT AGREEMENT ("AGREEMENT"), BY AND BETWEEN
THE CITY AND 52241, L.P,, A TEXAS LIMITED PARTNERSHIP ("OWNER"),
PROVIDING FOR (A) THE GRANTING TO THE CITY OF (I) A PUBLIC UTILITY
EASEMENT (HEREIN SO CALLED) FOR PUBLIC UTILITY PURPOSES, ENCUMBERING
A 0.786 ACRE TRACT, BE1NG MORE PARTICU7 ARLY DESCRIBED IN THE PUBLIC
UTILITY EASEMENT, BE1NG ATTACHED TO AND MADE A PART OF THE
AGREEMENT; AND (II) A TEMPORARY CONS fRUCTION, GRADING AND ACCESS
EASEMENT ("TEMPORARY EASEMENT"), ENCUMBERING 0.464 ACRE OF LAND,
BEING MORE PARTICULARLY DESCRIBED IN THE TEMPORARY EASEMENT, BEING
ATTACHED TO AND MADE A PART OF THE AGREEMENT; AND (B) THE PARTIAL
ABANDONMENT AND RELEASE ("RELEASE") F3Y THE CITY OF (I) THAT CERTAIN
SANITARY SEWER EASEMENT, DATED ON OR ABOUT JANUARY 1, 1961, FROM
WALTER M. LEA AND WIFE, JANE C. LEA TO THE CITY, RECORDED 1N VOLUME
464, PAGE 188, DEED RECORDS, DENTON CaUNTY, TEXAS; (II) THAT CERTAIN
PUBLIC UTILITY EASEMENT, DATED ON OR ABOUT AUGUST 7, 1980, FROM
CALUSA DEVELOPMENT, 1NC. TO THE CITY, RECORDED AT VOLUME 1029, PAGE
480, DEED RECORDS, DENTON COUNTY, �EXAS; (III) THAT CERTAIN ALL
PURPOSES PUBLIC UTILITY EASEMENT, DATED ON OR ABOUT MAY 14, 1982,
FROM REPUBLICBANK DALLAS, NATIONAL ASSOCIATION TO THE CITY,
RECORDED 1N VOLUME 1143, PAGE 125, DEED RECORDS, DENTON COUNTY,
TEXAS; AND (IV) THAT ALL PURPOSE PUBLIC UTILITY EASEMENT, DATED ON OR
ABOUT OCTOBER 6, 1981, FROM LEON MC1vATT MOTOR CO. TO THE CITY,
RECORDED 1N VOLUME 1106, PAGE 73, DEED 1ZECORDS, DENTON COUNTY, TEXAS
(COLLECTIVELY, THE "AFFECTED EASEMENTS"), INSOFAR AND ONLY INSOFAR
AS THE AFFECTED EASEMENTS ENCUMBER A 0.095 ACRE TRACT AND A 0.488
ACRE TRACT, BOTH TRACTS BEING MORE �ARTICULARLY DESCRIBED IN THE
RELEASE, ATTACHED TO AND MADE A PART OF THE AGREEMENT, ALL TRACTS
OF REAL PROPERTY BE1NG LOCATED IN THE M.E.P. & P.R.R. COMPANY SURVEY,
ABSTRACT NO. 950, AND THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330,
DENTON COUNTY, TEXAS AND BEING GENERALLY LOCATED AT THE 4000
BLOCK, SOUTH INTERSTATE HIGHWAY 35 EAST; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute, for and
on behalf of the City of Denton, the Easement Grant and Abandonment Agreement (the
"AgreemenY'), by and between the City of Denton, Texas and 52241, L.P., a Texas limited
partnership, in the form as attached hereto and made part of this ordinance as Exhibit "A".
SECTION 2. The City Manager, or his desig�iee, is authorized to execute, for and on
behalf of the City of Denton, any and all docurr_ents related to closing the transactions
contemplated by the Agreement, including without limitation, the Abandonment and Release.
SECTION 3. If any section, article, paragrapl�., 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 4. This ordinance shall become effective immediately upon its passage and
approval.
;�
PASSED AND APPROVED this the �
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
VED A�%I'O LEGAL FORM
BURGESS, CITY ATTORNEY
BY:
Page 2
YOU, AS OWNER OF THE PUBLIC UTILITY EASEMENT LANDS AND THE
TEMPORARY EASEMENT LANDS (EACH AS DEFINED BELOV�, HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENTS (AS DEFINED BELOV� WITH
OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, L]NLESS
THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT
CODE.
EASEMENT GRANT AND ABANDONMENT AGREEMENT
This Easement Grant and Abandonment Agreement (the "AGREEMENT") is dated
� , 2013 between 52241, L.P., a Texas limited partnership ("OWNER"),
and the ity of Denton, Texas ("CITY").
WITNESSETH:
WHEREAS, 52241, L.P., a Texas limited partnership, is the owner of a tract of real
property described in a General Warranty Deed from James L. McNatt, and The A1 McNatt
Family Partnership, L.P., recorded under Clerk's File Number 2004-88468, in the Real Property
Records of Denton County, Texas ("PROPERTY"), being affected by the public improvement
project called the State School Sanitary Sewer Interceptor — Phase II("PROJECT");
WI�REAS, CITY is in need of certain easements far public utility purposes, in, along,
over, upon, under and across a portion of the PROPERTY related to the PROJECT; and
WHEREAS, the CITY is amenable, upon the terms, provisions and conditions set forth
herein, to abandon the following easements, INSOFAR AND ONLY INSOFAR as said
easements cover and encumber the tracts of land described and depicted on Attachment 1 and
Attachment 2, respectively, both attached hereto and made a part hereof for all purposes (the
"Abandonment Tracts"), in exchange far the granting of a public utility easement to the CITY by
OWNER, to-wit:
a. That certain sanitary sewer easement, dated on or about January 9, 1961,
from Walter M. Lea and wife, Jane C. Lea to the City of Denton, Texas,
recorded in Volume 464, Page 188, Deed Records, Denton County, Texas
(the "Lea Easement");
b. That certain public utility easement, dated on or about August 7, 1980,
from Calusa Development, Inc. to the City of Denton, Texas, recorded in
Volume 1029, Page 480, Deed Records, Denton County, Texas, solely
affecting Tract One described therein; (the "Calusa Easement");
1
c. Tl�at certain all purpose utility easement, dated on or about October 6,
1981, from Leon McNatt Motor Co., to the City of Denton, Texas,
recorded in Volume 1106, Page 7�, Deed Records, Denton County, Texas
(the "McNatt Easement");
d. That certain all purpose utility easement, dated on or about May 14, 1982,
from Republicbank Dallas, National Association to the City of Denton,
Texas, recorded in Volume 1143, Page 125, Deed Records, Denton
County, Texas, affecting both Tracts One and Two described therein; (the
"Bank Easement); and
WI�REAS, the Lea Easement, the Calusa Easement, the McNatt Easement, and the
Bank Easement are hereinafter collectively referred to as the "Affected Easements";
WHEREAS, the OWNER and the CITY agree that the Affected Easements, INSOFAR
AND ONLY INSOFAR as the Affected Easements cover and encumber the Abandonment
Tracts, and the public utility easement contemplated to be acquired by the CITY pursuant to the
terms hereof, are not of equal value, and therefore, additional consideration is due OWNER in
the form of the rearrangement by the CITY, of approximately 740 linear feet of 8" diameter
water line upon OWNER' S property within the Public Utility Easement Lands, as reflected by
the PROJECT .
WHEREAS, it is desirous of both parties to stipulate and agree to the terms, conditions,
abandonments, and conveyances associated with the installation of public utility improvements
for the PROJECT, including (i) the conveyance of the public utility easement, by OWNER to
CTTY, related to same; and (ii) partial abandonment by CITY of the Affected Easements,
INSOFAR AND ONLY INSOFAR as the Affected Easements cover and encumber the
Abandonment Tracts.
NOW, TI-�REFORE, for Ten and No/Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. The OWNER shall grant, execute and deliver to the CITY, on or before five (5) days after the
Effective Date hereof, (i) a public utility easement in, along, over, upon, under and across the
tract of land being described in Exhibit "A" and depicted in Exhibit "B", respectively (the
"Public Utility Easement Lands") to that certain Public Utility Easement (herein so called),
attached hereto as Attachment 3 and a made part hereof, for public utility purposes, as more
particularly described therein (the "Public Utility Easement"); and (ii) a temporary construction,
grading and access easement, in, along, upon, under, over and across (a) that certain 0.171 acre
tract of land;, and (b) that certain 0.293 acre easement tract of land, such tracts being described in
E�ibit "A" and Exhibit "A-1", and depicted in E�ibit `B" and E�chibit `B-1", respectively (the
2
"Temporary Easement Lands") to that certain Temporary Construction, Grading and Access
Easement (herein so called), attached hereto as Attachment 4 and made a part hereof, for
temporary construction, grading and access purposes, as more particularly described therein.
OWNER stipulates that CITY is in need of, and OWNER is amenable thereto, the grant of the
Public Utiliry Easement and the Temporary Construction, Grading and Access Easement
(collectively, the "Easements"), within the time period provided herein, so that the CITY may
begin construction of the work contemplated by the PROJECT.
2. The CITY shall execute and deliver to the OWNER, within the time period prescribed below,
the Abandonment and Release (the "Release") of the Affected Easements, INSOFAR AND
ONLY INSOFAR as the Affected Easaments cover and encumber the Abandonment Tracts, in
the form of the Release attached hereto and made a part hereof as Attachment 5. The CITY, by
and through the City Manager, or his designee, shall execute and deliver to OWNER the Release,
upon the completion, and acceptance by the CITY, of the installation of the public improvements
contemplated by the PROJECT, but in any event to be no later than December 31, 2014.
[]OWNER stipulates and agrees that CITY is in need of the Affected Easements, including
INSOFAR as said Affected Easements cover and encumber the Abandontnent Tracts, until it
completes the installation of the public improvements contemplated by the PROJECT.
3. T`HE 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 Ar1Y ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COIJNTY, TEXAS.
4. The date on which this Agreement is executed by the last to sign of the parties shall be the
`Bffective Date" of this Agreement.
5. In the event a parry shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice:
By CITY to OWNER at:
By OWNER to CITY at:
4401 North I-35, Unit 107
Denton, TX 76207-3433
215 E. McKinney
Denton, TX 76201
�
and opportunity to cure, the non-defaulting party may exercise any right or remedy available to it
by law, contract, equiry or otherwise, including without limitation, the remedy of specific
performance or termination of this Agreement.
6. Each party represents and warrants that it has taken all actions necessary to authorize the
person executing this Agreement to bind it, in all respects, to all terms and provisions of this
Agreement, that such person possesses the authority to execute this Agreement and bind its party
hereto, and that this Agreement is binding and enforceable upon it in accordance with the terms
hereof.
7. This Agreerrient 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.
CITY OF DENTON, TEXAS
gy; L
GE RGE C. CANIl'BELL, CITY MANAGER
Date: %��GZ,1/ � � , 2013
ATT'EST:
JENNg'ER WALTERS, CITY SECRETARY
BY:
Date: �%��/ � , 2013
APPROVED AS TO LEGAL FORM:
AIVITA BURGESS, CITY ATTORNEY
BY: C? �
Date: %��` j� z Z , 2013
�
OWNER:
52241, L.P., a Texas limited partnership
By:
Name: � %yt � /V/-�?%` �/� � -
Ti#le: � oN.DO4 �/1/8� ��2-f-�Lr� l
Date: 5 — 3-1 � , 20�3
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ATTACHMEN� 1 to Easement Grant and Abandonment Agreement Page 1 of 3
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E?�IT A
EASEMENT ABANDONMENT
0.488 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P. R.R. Company
Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City
of Denton, Denton County, Texas, and being a part of Lot 4R, Block A, McNatt Additio�, an
addition to the City of Denton, Denton County, Texas, according to the plat thereof reeorded in
Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being a part of a 16 foot
wide Utility Easement, "Tract One", to the City of Denton, recorded in Volume 1029, Page 480
of the Deed Records of Denton County, Texas, and being a part of a 26 foot wide Sanitary Sewer
Easement to the City of Denton, recorded in Volume 464, Page 188 of the Deed Records of
Denton County, Te�s, and being a part of a 40 foot wide Utility Easement to the City of Denton,
recorded in Volume 1143, Page 125 of the Deed Records of Denton County, Texas, and being all
that 20 foot wide Utility Easement to the City of Denton, recorded in Volume 1106, Page 73 of
the Deed Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point for corner in the northwest line of said Lot 4R and the southeast line of
Lot 1, Block A, James Wood Autopark Addition, an addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet R, Page 42 of the Plat Records
of Denton County, Texas, from which a'/a inch iron rod found for the west corner of said Lot 4R
and the south corner of said Lot 1 bears South 39 degrees 35 minutes 25 seconds West, a distance
of 30.00 feet, said point being in the northeast line of Lot 1, Block A, James Wood Autopark
Addition, Phase III, an addition to the City of Denton, Denton County, Texas, according to the
plat thereof recarded in Cabinet R, Page 308 of the Plat Records of Denton County, Texas;
THENCE North 39 degrees 35 minutes 25 seconds East, with the southeast line of said Lot 1,
Block of James Wood Autopark Addition and with the northwest line of said Lot 4R, a distance
of 75.68 feet to a point for corner;
THENCE North 83 degrees 36 minutes 08 seconds East, over, through and across said Lot 4R
and with the north line of said 26 foot wide Sanitary Sewer Easement, a distance of 380.75 feet to
a point for comer thereof;
THENCE South 21 degrees OS minutes 35 seconds fiast, departing the north line of said 26 foot
wide Sanitary Sewer Easement and continuing over, througt� and across said Lot 4R, a distance of
57.72 feet to a point for corner in the south line of said 40 foot wide Public Utility Easement;
THENCE South 83 degrees 22 minutes 25 seconds West, with the south line of said 40 foot wide
Public Utility Easement and continuing over, through ar�d across said Lot 4R, a distance of
188.68 feet to a point for corner in a northwest line of a 16 foot wide Utility Easement, part of
"Tract One", recorded in Volume 1029, Page 480, Deed Records, Denton County, Texas;
p:ljvc12011\codlstate school interceptor - 640I725391360.2QIOO1dwg11204167-2_abandonmentl-revised.doc
ATTACHMEN� 1 to Easement Grant and Abandonment Agreement Page 2 of 3
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THENCE North 39 degrees 40 minutes 16 seconds East, with the northwest line of said 16 foot
wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 17.80
feet to a point for corner at the southeast corner of said 20 foot wide Utility Easement;
THENCE South 84 degrees 17 minutes 10 seconds West, with the south line of said 20 foot wide
Utility Easement and continuing over, through and across said Lot 4R, a distance of 187.39 feet
to a point for corner in a northeast line of said 16 foot wide Utility Easement;
THENCE South 50 degrees 19 minutes 44 seconds East, with the northeast line of said 16 foot
wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 21.14
feet to a point for corner in the south line of said 4U foot wide Public Utility Easement;
THENCE South 83 degrees 22 minutes 25 seconds West, departing the northeast line of said 16
foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of
96.45 feet to a point for corner;
THENCE North 50 degrees 26 minutes 51 seconds West, over, through and across said Lot 4R, a
distance of 6.97 feet to the POINT OF BEGINNING, and containing 0.488 acres of la�d, more
or less.
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LINE BEARING DISTANCE � ��
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L2 S50'19'44"E 21.14' 2��8� �
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LE�PISVILLE DENTON
J�es Wood Autopark Addition, Phase III 22p Elm St., # 200 1172 Bent Oaks
Cabinet R, Page 308 � Levrisville, TX 75057 Denton, TX 76210
Ph. (972) 221-9439 Ph. (940) 435-5155
Established 1986
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ATTACHMEN� 2 to Easement Grant and Abandonment Agreement Page 1 of 3
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EI��IT A
EASEMENT ABANDONMENT
0.095 ACRES
CITY OF DENTON, DENTON COiJNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P. R.R Company
Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City
of Denton, Denton County, Texas, and being a part of Lot 4R, Block A, McNatt Addition, an
addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in
Cabinet O, Page 267 of the Plat Records of Denton County, Tearas, and being more particularly
described as follows:
COMIVIENCING at a 3/4 inch iron rod found for the west corner of said Lot 4R ar�d the south
corner of Lot 1, Block A, James Wood Autopazk Addition, an addition to the City of Denton,
Denton County, Teacas, according to the plat thereof recorded in Cabinet R, Page 42 of the Plat
Records of Denton County, Texas, and being in the northeast line of said Lot 1, Block A, James
Wood Autopark Addition, Phase III, ao addition to the City of Denton, Denton County, Texas,
according to the plat thereof recorded in Cabinet R, Page 308 of the Plat Records of Denton
County, Teacas;
THENCE North 39 degrees 35 minutes 25 seconds East, with the northwest line of said Lot 4R
a►�d the southeast line of said Lot l, Block A, 7ames Wood Autopark Addition, a distance of
22.73 feet to a point for corner in the south line of a 40 foot wide Public Utility Easement to the
City of Denton, recorded in Volume 1143, Page 125 of the Deed Records of Denton County,
Texas;
THENCE North 83 degrees 22 minutes 25 seconds East, with the south line of said 40 foot wide
Public Utility Easement and over, through and across said Lot 4R, a distance of 8439 feet to the
POINT OF BEGINNING, said point being in the southwest line of a 16 foot wide Utility
Easement, part of "Tract One", to the City of Denton, recorded in Volume 1029, Page 480 of the
Deed Records of Denton County, Texas;
THENCE North 83 degrees 22 minutes 25 seconds East, continuing with the south line of said
40 foot wide Public Utility Easement aod continuing over, through and across said 16 foot wide
Utility Easement, a distance of 22.13 feet to a point for corner;
THENCE South 50 degrees 19 minutes 44 seconds East, departing the south line of said 40 foot
wide Public Utility Easement and with the northeast line of said 16 foot wide Utility Easement
and continuing over, through and across said Lot 4R, a distance of 110.48 feet to a point for
corner;
THENCE North 39 degrees 40 minutes 15 seconds East, with the noRhwest line of said 16 foot
wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 115.60
feet to a point for corner in the south line of said 40 foot wide Pub(ic Utility Easement;
p:ljvc1201 llcodlstate school interceptor - 640172539.1360.20100\dwg11204167-2_abandonment2-revised.doc
ATTACHMEN� 2 to Easement Grant and Abandonment Agreement Page 2 of 3
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TFIENCE North 83 degrees 22 minutes 25 seconds East, departing the northwest line of said 16
foot wide Utility Easement and with the south line of said 40 foot wide Public Utility Easement
and continuing over, through and across said Lot 4R, a distance of 23.1 b feet to a point for corner
in the southeast line of said 16 foot wide Utility Easement;
THENCE South 39 degrees 40 minutes 16 seconds West, departing the south line of said 40 foot
wide Public Utility Easement and with the southeast line of said 16 foot wide Utility Easement
and continuing over, through and across said Lot 4R, a distance of 14834 feet to a point for
corner;
THENCE North 50 degrees 19 mi�utes 44 seconds West, with the southwest line of said 16 foot
wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 141.77
feet to the POINT OF BEGINNING, and containing 0.095 acres of land, more or less.
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O�P S9C/�P \
C
60 0 60 Feet \\ � A9P ��s \/ �
�3� e�P' / � ,
\ f
Bearrngs shown a�e based on the City of / �/
Denton GIS network. LINE TABLE � /
LINE BEARING DISTANCE �j �/
U N83'22'25°E 22.13' � � /
L2 N83'22'25"E 23.16' �
L3 N39'35'25"E 22.73' �
L H. 35E � Service Rosd � y� �
�
// � \� .
�, "X"FND � /
O (C.M.J � �
� �
� N /� � �
16' Utility Esmt.
�' � I `�. � (O/26 7)
.'�i C�d' � � / / F'y� /
� o � I � /J` 1�" / /
� � �j / � �j Q J`O�,G1p`�� /
"� y hatched area /// �
o"� q _ to be A6andoned by � �j RO /
� � � � separate instrument /
�
c "� U r-i / /
��A���7 � � / /
.� P� 4� � � w / /
o\ s�� I N �/ ec� / �
�
s�i-Py q,` � ��py� � t} Lot 4R� B�OCk /�
" �v�'�,r "� � e` ��� � M McNatt Adclition
'�.9 O Z � 5y'�0.1Q' �
so / �,� ���ti. / � W �, � Cabinet O, PBge
o c° v r—
o °,o / r` L, 4.y'h / � ►•i
�i
I`'sa o+. �° ��. Q� �� �� � P' r
\�o�-�or � 'L�O / `�,���6� / � � � � � 0
y�� "� �� //ti� � � �' ' �
\,P � ^ � � ;ll�
16' Utility Esmt. I � � �'— . ART •
».. . . ..
. ... •....
•'part of Tract One" /� // Z O • •• ....... �R
(V.1029/P.480) � 16' Utility Esmt. d- , 4��r% :��
to be Abandoned � �/ "part of Troct One" � '��
i by separate instrument � %/ �/ (V.1029/P.480) � '9�� g� N�OQ�
_ _ _ � S50'19'44"E_ 110.48' � � UR�
� � �,� Easement Abaiadonmerat � - �
— �;.—=�iI'/� i,� N5o•� s'44°w � 4� . ��' EXHIB IT B
� �y� �" i��� � Easement Abandonment
�ry, �i I i �. (�..�.
����'`�1� / I /��. � 0.095 Acres in the
�� � � ��,'� � Gideon Walker Survey, Abst. No. 1330
/ ��j� a�(� Praposed 14' urmcy Esmt. — M.E.P.&P.R.R. Co. Su�vey, Abst. No. 95Q
�, �j, C� By separate instrument
�• r., — ---- City of Denton
� �s' uca�ry Esmc. �(o/zs�� Denton CouIIty, Texas
� �
3/4"LR.F. S5�.26,51 ,�E �"x"t7v0 — 2013 —
, �cM., rthur Sur�eying Co., Inc.
/ 384. 00'
26' San. Sew. Esmt.
( V. 46 4/P.194)
Professional Land Surveyors
40' Public Utility Esmt.
/ (v.�t4s/P.i2s) Lot 1, Block A LEWISVILLE DENTON
James Wood Autopark Addition, Phase �� 22Q Elm St., # 200 1172 Bent Oaks
Cabinet R, Page 308 Lewisville, TX 75057 Denton, TX 76210
Ph. (972) 221-9433 Ph. (940) 435�5155
\ Established 1986 �
arthursurveying.com /
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KNOW ALL MEN BY THESE PRESENTS:
� ►' � ,1 ► `�►
The undersigned is the present legal and equitable owner and holder of the following:
A DEED OF TRUST from JAMES L. MCNATT, Individually and THE AL MCNATT FAMILY
PARTNERSHIP, LTD., a Texas limited partnership, to JOHN VAN SON, Trustee, dated April 20, 2004,
filed April 22, 2004, under CC# 2004-51327, Real Property Records of Denton County, Texas, securing a
note in the sum of $4,506,000.00, to WELLS FARGO BANK, NATIONAL ASSOCIATION, a national
banking association, and securing other indebtedness as described therein, if any, (the "Deed of Trust"). Said
Deed of Trust affected by Renewal, Extension and Modification of Note and Lien fled July 6, 2004, under
CC# 2004-88469, Real Properly Records of Denton County, Texas; Assignment of Rents filed July 6, 2004,
under CC# 2004-88471, Real Property Records of Denton County, Texas; and, Renewal, Extension and
Modification of Note and Lien filed March 1, 2005, under CC# 2005-23088, Real Property Records of
Denton County, Texas.
NOW, THEREFORE, WELLS FARGO BANK, NATIONAL ASSOCIATION hereby consents
to the grant of the Easements conveyed by 52241, L.P. a Texas limited partnership, to the City of Denton,
Texas, and being more particularly described and depicted in:
IL' [YlljLll 1 66 A 99 i[1R1'1L` V 6B''ty L` a.SemQ.n6y anU Ue�'Cted'n L` A1710& 6 G6D99 Pul/''C Vt'''Ly Ga.Semen69�
t1 U
�AIIU III IEXHIBIT 66A99 Zo9 TeIIBpOI'�AI`y COIIStI�UCtIOII EaSCBTIeIIIy `AI'd UepICtCU III EXHBIT 66D99�'$09
J U J
Temporary Construction Easement.;J and in �EXHIBIT 66A-1 20' Temporary Construction
Easement and depicted in EXHIBIT "B-1" - 20' Temporary Construction Easement],
All attached hereto and made a part hereof for all purposes and hereinafter referred to collectively as the
Easements.
FURTHERMORE, WELLS FARGO BANK, NATIONAL ASSOCIATION, joins in the
execution thereof solely as Lien Holder and hereby does ag�•ee that in the event of foreclosure of said
mortgage, or other sale of said property described in said mortgage under judicial or non judicial
proceedings, the same shall be sold subject to said Easements.
SIGNED AND EXECUTED this ��� ��,_, day of ��°-��'� � _, 2013.
Wl:I..�L�7 FttA\Vo Dt1JV11y 1Vti I�LoLVt1L ti�7Joi..dt11 AO1Vy
a national banking association
� �
�" "" �_ -- . �
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By: �,� �-�` �'�� .� ,�� ����r�''����.. �
_ � � ._ r...=..
�� � �.°1�r'�. '�l.'.�"��-�'"r)e`f`� ,F� Y^',''��.�f? °�a..�'�'��,r��.�`�� .
,l'�„ �'c r�.:�°' �� �",.-
ACKNO W L EDCI EMENT
111: I�f.`ll'11:11 Y �[�7 �11 Y �1'#_�"�I
•i �
13k� �[�f�l ME the �i��c�t�� �,i�����1 authority, on this day personally appea.red
' � a,. � �...,- l �
� ��'���'� �u��a �.� ��m�` W.�.� � ��'������.''�.��.��� .���� ��. �"��°� � �� �. of WELLS FARGO,
BANK NATIONAL ASSOC1AT10N, known to me to be the person whose name is subscribed to the
foregoing instrument and who acknowiedged to me that _he executed the same for the purposes and
consideration herein stated, as the act and dezd of said WEL,LS f ARGO BANK, NATIONAL
ASSOCIATION.
� _
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _� day of ���.� ���, .. , 2013,
t'� .'I. � u%
� . � i �i
+��� � . � � �
N ,
AFTER RECORDING RETURN TO:
Paul Williamson
Real Estate Manager, City of Denton
901-A Texas Street
Dentan, Tx. 76209
F�
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., �
�
�'j�:�� � � ' C� a�.....�
�I+:�t<�ry f'����li�, 4ti9.�t� t�ri �`�:��t�
1l�y C`��e�t��7i�,�ic��� I �x��ir°�s� ."� �� ��. .
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: rthur Surve in Co. I nc.
Y � �
Pmfessiona,l JGar�d Surveyoxs
P.O. Hox 54 �• Lewisville, Texas 75067
Of�ce: (972) 221-9439 -� Fax: (972) 221-4675
EXFIIBIT A
PUBLIC UTIL.ITY EASEMENT
0.786 ACRES
CITY OF DENTON, DENTON COiiNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P. R.R. Company
Survey, Abstract Number 950 and the Gideon Walker Survey, Abstcact Number 1330 in the City
of Denton, Denton County, Texas, and bein� a part of Lot 4R, Block A, McNatt Addition, a�n
addition to the City of Danton, Denton County, Texas, according to the plat thereof tecorded 'va
Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being more particularly
dascribed as follows:
BEGINNING at a'/z inch iron rod found for the east corner of said Lot 4R and the narth corner
of Lot 1, Block A, McNatt Addition, Phase II, an addition to the City of Danton, Denton County,
Taxas, according to the plat thereof recorded in Cabinet V, Page G76 of the Plat Records of
Denton County, Texas, said point baing in the southwast line of �nterst�tte Highway 35-E, a public
roadway;
THENCE South 39 degrees 34 minutes 02 seconds West, with the northwest line of said Lot 1,
Block A of McNatt Addition, Phas� II, a distance qf 682.86 fcet to a point for corner being the
east corner of a 16 foot wide Utility Easement as shown in McNatt Addition (O/267), from which
an "X" found in concrete for the west corner of said Lot 1, Block A, McNatt Addition, Phase II
bears South 39 degrees 34 minutes 02 saconds West, a distanca of 16.00 feet;
THENCE North SO degrees 26 minutes 51 seconds West, with the northeast line of said 16 foot
wide Utility Easement, a distance of 384.00 feet to a point £or corner in the southe�st line of Lot
1, Blook A of Jamos Wood Autopark Additian, an addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet R, Page 42 of t�e Plat Records
of Denton County, Texas, from which a 3/a inch iron rod found for the south oorner of said Lot 1,
Block A of �ames Wood Autopark Addition bears South 39 deg�+aes 35 minutes 25 seconds West,
a distance of 16.00 feet;
THENCE North 39 degees 35 minutes 25 seconds East, with the southeast line of said Lot 1,
Block A of James Wood Autopark Addition, a distance of 14.0(� feet to a point for corner;
1'HENCE South 50 degrees 26 minutes S 1 seconds East, over, through and across said Lot 4R, a
distance of 349.99 feet to a point for corner;
THENCE North 39 degrees 34 minutes 02 seconds East, continuing over, through and acroas
said Lot 4R, a distance of 301.47 faet to a point for corner in the west line of a 16 foot wid�
Utility Easement as shown in McNatt Addition (O/26'l);
p:�jvc�2011\codlvteta sChool intercaptor - 640172539.1360,20100\dwg\1204167-2 esmtl.dw
rthur Surve in Co. I nc.
Y g �
Pinfessional �.and Surveyors
F.O. Box 54 � Lewisville, Texas 75067
Offioe: (972) �21-9439 � Fax: (972) 221-4675
THENCE North 21 de�reas 08 minutes 35 seconds Wast, oontinuing over, through and across
said Lot 4R and with the west lina of said 16 foot wide Utility Easament, a distance of 97.80 feet
to a point for corner in the north line of a 26 foot wida Sanitary Sewer Easernent to the City of
Danton, recorded in Volume 464, Page 188 of the De�d Records of Denton County, Texas;
THENCE North 83 degrees 36 minutes 07 saconds East, continuing ovar, through and across
said Lot 4R and with the north line of said 26 %ot wide Sanitary Sewer Easement, a distance of
122.71 feet to a point for corner;
THENCE North 39 degrees 34 minutes 02 seconds East, departing the north line of said 26 foot
wide Sanitary Sewer Easement �nd cbntinuing over, through and across said Lot 4R, a distance of
165.40 feet to a point for corner;
THENCE North 30 degrees 57 minutes 16 seconds East, continuing over, through and across
said Lot .4R, a distan�e of 66.77 feat to a point for corner in the northeast line of said Lot 4R,
same being the southwest line of said Intarstate Highway 35-E;
THENCE South 50 degrees 18 minutes 52 seconds East, with the southwest line of said
Intorstate Highway 35-E, a distance of 44.00 feet to the POINT OF BEGINNING, and
containing 0.786 acres of 1and, more or less.
p:jjvc�2011�cod�state achool interceptor - 640172539.1360.20100\dwg\1204167,2_asmtl.doc
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� � � � _ ��,y�� N50'24�41°W 183.97' N50'18�52��W 155.75'
�.� � — �.- --° 25' Bldg. Une ��.. �. � __ ' � �
– .
� �
� 20' Sld��vt�Ik & lltiYFty Eamt. � {�/,�67)
� € �
� �
ioo o ioo �
BeoNngs ahown ore bosed on the Clty of
Denton G1S network.
iJ�l� TA�L�...__. �
�x�� ������� ���������
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�� � ��� � �� �
�� ������� � � �
�a_ s sa�` �w �s.��°
�� s ��a� � ��. �a'
t? N!r�ter & �e�raar Gad@ �en
to fty oi Corire#h ^� {V.657�. 35j
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�''`• � � �� Y'"-,,,,
^.,� °'�� ��+
a`'^ ���r�i"�t �.
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Lot 4R, Block A\
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{7�95�f � �%
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�� McNatt Addition �� �'�
� �:�t�r���� �, ���� ;����
�.�t 1, �t+�ck �'! �
� �Vc�� �3�E�a�rark �����au�a � �'t����ic �T��.li�y ��tlt7�.. � �" �
���i[xet 1�., �s�� �2 �
0.78fi ���� ,� �..�''�,��
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���� � �
�� �'� r�a��r��d urer, � ` �' ; � r�' � ta�
�� fer h� Ab�ar�rlqntt�l by �* 6 !` fi
�•asa ��� sm�ss�ra�t� �nstratmmnt �,. � � +/
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/� pQrt s+1 "TF�r ct l3n�"
_ � � �^' ,� �x. � � fi? #i��9jP.4BC4)
i6� EJidiity+ f°�qi1t. pUt a�i "iF67c$ i�fFe°" `� .�` ,,�` ',�,`�,j�, [s }aa Abandandd hy
(V.14�9�.�8(7) ., �' �,� t'4�� � � �r.«�c€rrsk+� fn�krusr��nt
t� raa �1�bsra�tlo��u 6y ''� a���t� �.i'.
�r�ssa�utn Yn�Ensmant � ^� [7 !"*�` ��m
��__._.� : ?����e�i��°az�. ���,t��'` `� ��, ._ � � � �'r����'
PuP�iic �raxr�c�gar �ernt.
_ —. „�,,,( in�l. Ncr ?.Ul7�-�6"l���i
� ��` .�. .� � ..:� � i
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i�J2t
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, � � �, �
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�,r �,���y s/� � �r �: ,,
/ � '� {c�� �, �
,,� �' ,��.�ry�,°�� Isat �, �3i�ac� t� �,����
� /,�` �� � ��a�s�s "V'���� a������}aark ��i<iiein��, �'�a��e Ii��:����r�
�, /� �, � � C��ieaet R, I'�� 3fi� �
EXHIBIT B
Public Utilrty Easement
0.786 Acres in the
Gideon A►'alker Survey� Abst. Na. 1330
M.E.P.&P.R.R. Co. Survey� Abst. No. 950
City of Denton
Dentan County, Texas
— 2012 —
��
� � •
Professional Lseld Surveyors
972-221-9439 � Pa�r972-Z21�675
220BJm Stroer, Sulro 200 � P.O. Bo�r S4
Lowlsvllle, Texas 75067 y
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� rthur Sur�e in Co. I nc.
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�x•ofess.ional.�and Surveyors
P.O. Box 54 � Lewisville, Texas 75067
Ofiice: (972) 221-9439 � Fax: (972) 221-4675
EXHIBIT A
30' TEMPO�tARY CONSTRUCT�ON EASEMENT
0.171 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the M.E.P. &. P. R.R. Company
Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City
of Denton, Denton County, Texas, and being a part of Lot 4R, Block A, McNatt Addition, an
addition to the City of Danton, Denton County, Texas, according to the plat thareof recorded in
Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being more particularly
desaribed as follows:
COMMENCING at a%z inch iron rod found for the east cornar oi said Lot 4R and the north
corner of Lot 1, Block A, McNatt Addition, Phese II, an addition to the City of Denton`, Denton
County, Texas, according to tha plat thereof recorded in Cabinet V, Page 676 af the Plat Recards
of Denton County, Texas, said point being in the southwest line of Interstate Highway 35-E, a
public roadway;
�
THENCE North 50 degrees 18 minutes 52 seconds West, with the southwest line of said
Interstate Highway 35-E, a distance of 44.00 feet to the POINT OF BEGTNNING;
T1�NCE South 30 degrees 57 minutes 16 seconds West, departing the southwest line of said
Interstate Highway 35-E and over, through and acrnss said Lot 4R, a distance of 66.77 feet to a
point for corner;
THENCE South 39 degrees 34 minutss 02 seconds West, continuing over, through and acrbss
said Lot 4R, a distance of 165.4Q feet to a point for corner in the north line of a 26 foot wid�
Sanitary Sewer Easement to the City of Denton, recorded in Volume 464, Page 188 of the Deed
Records of Denton County, Texas;
THENCE South 83 degrees 36 rainutes 07 seconds West, continuing ovcr, through and across
said Lot 4R and with the north line of said 26 foot wide Sanitary.Sewer Easeraent, a distance of
43.16 feat to a point for cornar;
THENCE North 39 degrees 34 minutos 02 seconds Fast, departing the north line of said 26 foot
wide Sanitary Sewer Easament and continuing over, throagh and across said Lot 4R, a distance of
194.17 feet to a point for corner;
THENCE North 30 degrees 57 minutes 16 seconds East, continuing over, through and across
said Lot 4R, a distance of 69.12 feet to a point for corner in the northeast line of said Lot 4R;
same being the southwest line of said Intsrstate Highway 35-E;
p:�jvc�2011\cod�vtate achool imerceptor - 6A0172339.1360.201001dwg\1204167-2 tcel.doc
� rthur Surve in Co. I nc.
Y g �
B'mfessionaX .1Ga,nd Surveyors
P.4. Box 54 � Lewisville, Texas '75067
Of�ce: (972) 221-9439 � Fax: (972) 221-4675 ,
T7�NCE South 50 degrees 18 minutes 52 seconds East, with the sauthwest line of said
Interstate Highway 35-E, a distance of 30.35 feet to the POINT OF BEGINNING, and
containing 0.171 acres of land, more or less.
p:�vc�2011�codlstate achool interceptor - 640172539.1360.201001dwg11204t67-2_tcel.doc
I. H ��� ^� ����rie� .���d
f��'J
�+�,� N rU'2A'41"W 183.97' N5�°i8'�a�"'1W 125,40'
� � � �, � � 25' Bldg. Llne � � �
� � ..
� 20' Sldewalk �c Utlllty Eamt. � (0/287)
� p0' Woter & Sewer Eas 4nt
� i to City of Corinth � (V,85�%P.735) �
I
�
1�� 0 ��� � �
_ �
� �, r :
Bear/ngs ahown are based on the Clty oI
Denton GIS network.
�I�WE iA� _
LIM1�� ��/�fifMG �1S7ANC�
B.i S '��"� "�V 6C.7i' �''
L�__ �3'36'Oi"�i,_�_ �f3,145'
�.� �� ���'rs�c. �-r ' �
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�°� �. .� o�'Mi
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Lot 4R, Block A �
McNatt Addition � �
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Cabinet O, Page 26'1 � � -. �,•
• � Lot 1� Bloch A � � �,� � I '�g'�,�� �.���ir�y
Jan�s Wood Autopark Addition ■�,r'` `��. '�' ���
Cabinet R, Page 42 � � `� � �' �'�''^^ �""� � � ���
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, �. �'` � � ��`�- ��...
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ka Db A�andanoc' Pay 4 f' f/ �' ���.`�� r I eags�a�rel� hp�t. y b �
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�U��IFty ��r;�e�mi�ni ��f267)
� � j+' F�y �t��SCrraEa insfb t
28' San. Sew. Eamt � y�" �
(V.464/P.194) � /' � � �, �. �. .�. ..^ ...�, '�,�,. ,.�.. .� ,.� ,.�,.. � �.. ,,�. � �
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.� y,�`'`�.�"� ,�,�. °,� `�' ' i36'� T��tj t�
�, ,r ��R /� Lot 1, Block A t�,�,��* ��� ,�
� �`���`" ��� James Wood Autopark Addition, I'l���c III �� �.,,,,. ,
/ ��``����� Cabinet R, Page 308 � ��.+� �'-
.�' "�: �� t " , 7i
EXHIBIT B
30 � Temporary Construcfion Esmt.
0.171 Acres in the
Gideon Walker Survey� Abst. Na. 1330
City of Denton
Dentan County� Texas
- 2012 -
.�
e��.
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Professional Land Surveyors
_ ___
972-221=9439 - Psx 972-221 �675
azos�, sa�ti s�r� zoo �� o. aox s4
Z.owisville, T�ras 71067 _
� rthur Surve in Co. I nc.
Y � �
�infessional �,a�d Surveyoxs
P.O. Box 54 � Lewisville, Texas 75067
Ofiice: (972) 221-9439 � Fax: (972) 221-4675
EXHIBIT A -1
20' TEMPORARY CONSTRUCT�ON EASEM�NT
0.293 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the M.E,P. & P. R.R. Company
Survey, Abstract Number 950 and the Gideon Walker Survay, Abstcact Numbar 1330 in the City
of Denton, Denton County, Texas, and being a part of Lot 4R, Block A, McNatt Addition, �n
addition to the City of Denton, Denton County, Texas, according to the plat thareof recorded in
Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and baing more particularly
described as follows:
BEGINNING at a point for cornar in the northwest line of said Lot 4R atrd being in the southaast
line of Lot 1, Block A, James Wood Autopark Addition, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof racorded in Cabinet R, Page 42 of the Pl�t
Records of Denton County, Texas, and from which a 3/a inch iron rod %und for H►e west corner of
said Lot 4R and the south corner of said Lot 1, Block A, beaxs South 39 degrees 35 minufes 25
seconds West, a distance of 30.00 feat, said point also being in the northeast line of Lot 1, Block
A, James Wood Autopatk Addition, Phase III, an addition to the City of Danton, Denton County,
Texas, according to the plat thereof recorded in Cabinet R, Page 308 of the Plst Records of
Danton County, Texas;
'THENCE North 39 degreas 35 minutes 25 seconds East, with tha southeast line of said Lot 1,
Block A, James Wood Autopark Addition, a distance of 20.00 feet to a point for corner;
THENCE South 50 degreas 26 minutes 51 seconds East, over, through and across said Lot 4R, a
distance of 329.98 feet to a point %r comer;
THCNCE North 39 degrees 34 minutes 02 seconds East, continuing over, through and across
said Lot 4R, a distance of 292.70 feet to a point for cornar in the west line oF a 16 foot wide
Utility Easement as shown in McNatt Addition (O/267);
THENCE South 21 degrees 08 minutes 35 seconds East, continuing over, through and across
said Lot 4R and wiYh tha west line of said 16 foot wide Utility Easement, a di5ta.nce af 22.93 feat
to a point for corner;
TH�NCE South 39 degrees 34 minutes 02 seconds West, departing the west line of said 16 foot
wide Utility Easement and continuing ovar, through and across said Lot 4R, a distance of 301.47
feet to a point for corner;
THENCE North 50 degees 26 minutes 51 seconds West, continuing over, ����h and across
said Lot 4R, a distance of 349.99 feet to the POINT OF �E��t�TCI'�T '` i� 0.293
acres of land, more or less. �,�,�,,���.��� �,�
�.t �,� ��`:�
a' u '�i.� w • '
p:�jvc�20111cod�state achool interceptor - 640172539.1360.20100Wwg\1204167-2 tce2.doc ,��
�
70 201 3 00077962
Recorded On: June 25, 2013
Parties: WELLS FARGO BANK
To
Comment:
Misc General Fee Doc
Total Recording
56.00
56.00
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Instrument Number: 2013-77962
As
Misc General Fee Doc
( Parties listed above are for Clerks reference only )
- __ _ _
** Examined and Charged as Follows: �'"
Billable Pages: 11
Number of Pages: 11
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT'"***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2013-77962
Receipt Number: 1058110
Recorded Date/Time: June 25, 2013 02:54:02P
User / Station: S Parr - Cash Station 3
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Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby cartlfy that this Instrument was FILED In the Flle Number sequence on the dateltlme
printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas.
�j�.A�'ck�l.�
County Clerk
Denton County, Texas
��,�.__
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r
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1 ' ; �
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,
,
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THAT 52241, L.P., a Texas limited partnership ("Grantor"), of Denton County, whose mailing
address is 4401 North I-35, Unit 107, Denton, Texas 76207-3433, in consideration of the sum of
Ten and No/100 Dollars ($10.00) and other good attd valuable consideration in hand paid by the
City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ("Grantee") a public utility easement in, along,
upon, under, over and across the following described property (the 66Property99), owned by
Grantor, and situated in Denton County, Texas, located in the M.E.P. and P.R.R. Company
Survey, Abstract No. 950, and the Gideon Walker Survey, Abstract No. l 330, to wit:
�. �. . � • : � t �
1 ' 1 : : :�
. � . �, � �; �, . . �,
I r r � � . . r -
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining public utilities, and related facilities 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, ernployees, contractors, workmen and representatives, far
the purposes set forth herein, including without limitation, the making additions to,
improvements on and repairs to said facilities or any part thereof.
This Easement is subject to the following covenants:
l. Structures. Except as expressly provided herein, no buildings, fences, structures,
signs, facilities, improvements or obstructians 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 remove from the Property, such buildings, fences, structures,
signs, facilities, improvements and other obstructions as may now or hereafter be found upon
said Property and dispose of any such buildings, fences, structures, signs, facilities,
improvements or obstructions in any manner it deems appropriate without liability to Grantee.
Notwithstanding the foregoing, Grantor's existing monopole on-premises sign (66Existing Sign"),
located approximately 58 feet southwesterly of the present right-of-way line of Interstate
Highway 35 East, and approximately 12 feet northwesterly of Grantee's southeast property
boundary, is specifically excepted from the prohibition of structures provided by this easement
grant herein, and Grantee may continue to operate and maintain the Existing Sign in its present
location.
In the event the Property wherein the Existing Sign is located shall be acquired by a
condemning authority though the exercise or threat of its power of eminent domain, Grantor
shall be permitted, subject to any requirements of the Ciiy of Denton regarding relocation of
signs, including without limitation, Subchapter 15 of the Denton Development Code, as same
may be amended from time to time, to relocate the Existing Sign to another portion of the
Property, so long as such Iocation does not materially interfere with the use or enjoyment by the
Grantee of the easement granted herein, as reasonably deterrnined by the City Engineer. Nothing
cantained herein shall be deemed to affect, in any way, manner or form, any authority of the City
af Denton to regulate the perrnitting, location, size, or any other matter related to signs, including
without limitation, authority provided under Subchapter I S of the Denton Development Code, as
same rnay be amended from time to time.
2. 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.
3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees now
ar hereafter located within or that may averhang upon the Property without liability to Grantee,
including without limitation, the obligation to make payment to Grantor.
2 Parcel 6
4. Grantor's Rights. Grantor shall have the right, subject to the 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 far the purposes granted.
5. 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 successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the prernise above described.
Witness my hand, this the
,, �.
/6 day of ?''�� � _ , 2013.
��
52241, L.P., a T-� �� limited partnership
��
,�� _..�
By. �{�.� �.� ������,..
��-._( , ...�. �..�.�...�
Printed name: � ���`�w����r���
r �-�--
Title: � 41/��' �...��� �� r-� �� � T C, C9-C�'v�`"�A�2 /�-
• ' 1
THE STATE OF 'Tty�
• •I R . � '
This instrument was acknowledged before me on /�'1 /�'�. � `�„_. _ _ �.. _ . . , 2013, by
—�°'�=�`�.�........ � � GCi't�P�►" � i ' , of 52241,
L.P., a Texas limited partnership, on behalf of said limited partnership.
�������
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_�? ��� ` � �u ' : �� ' � � � ,,,,.A .._..
Notary �r,��ai�� in and for the State of q a� ��� �„r
My commission ���aiz•es: �_"� d � _�� �;� � �-�
3 Parcel6
�. �
Accepted this day of , 2013, for the City of Denton,
_...� _.._.
Texas (Ordinance No. 2013-�.
�� .
BYa _ _ ,�� 'y� A.. �_.��'��'' , �
.
Paul Williamson
Real Estate Manager
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4 Parcel6
rthur Surve in Co. Inc.
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�'Srnfessional �and Surveyors
P.O. Box 54 � Lewisville, Texas 75067
Of�ice: (972) 221-9439 � Fax: (992) 221-4675
E��iIBI'T A
PUBLIC UTII.TTY EASEMENT
0.786 ACRES
C�'1'Y OF DENTON, DENTON COUNTY, TEXAS
BEING all thQt certain lot, tract or parGel of land situated in the M.E.P. 8t P. R.R. Company
Survey, Abstract Number 950 and t�e Gideon Walker Survey, Abstract Number 133p in the City
of Denton, Denton County, Texas, and being a pait of Lot 4R, Block A, McNatt Addition, an
addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in
Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNTNG at a%s inch iron rod found for the east corner of said Lot 4R and the north corner
of Lot �, Blpck A, McNatt Addition, Phase II, an addition to the City of Denton, Danton County,
Texas, according to the plat thereof recorded in Cabinet V, Page 576 of tha Plat Records of
Denton County, Texas, said point being in the southwest line of Interstate Highway 35-E; a public
roadway;
THENCE South 39 degrees 34 minutes 02 seconds West, with the northwest line of said Lot 1,
Block A of McNatt Addition, Phase II, a distanco qf 682.86 feet to a point for corner being the
east cornar of a 16 foot wide Utility Easement as shown in McNatt Addition (O/267), from which
an "X" found in concrete for the west corner of said Lot 1, Block A, McNatt Addition, Phaeo IT
bears South 39 degrees 34 minutes 02 seconds West, a distanca of 16.00 fe�t;
THENCE North SO degrees 26 minutes 51 seconds Wast, with the northaast line of said 16 foot
wide Utility Easement, a distance of 384.00 feet to a point for corner in the southe�st lina of Lot
1, Block A of Jamos Wood Autopark Addition, an addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet R, Page 42 of the Plat Records
of Danton County, Taxas, from which a 3/a inch iron rod found for the south comer pf said Lot 1,
�lock A o�Jamas Wood Autopark Addition bears South 39 degreas 35 minutes 25 seconds West,
a. distance of 16.00 feet;
THENCE North 39 degrees 35 rninutes 25 seconds East, with tha southeast line of said Lot l,
Block A of James Wood Autopark Addition, a di'stance of 14.00 feet to a point for corner;
THENCE South 50 degrees 26 minutea 51 seconds Eaet, over, through and across said Lot 4R, a
distance of 349.99 feet to a point for corner;
THENCE North 39 degrees 34 minutes 02 saconds East, continuing over, through and across
said Lot 4R, a distance of 301.47 feet to a point for corner in tha west line of a 16 foot wide
Utility Easement as shown in McNatt Addition (O/267);
p:Uvc�2011\codlvtatesChoolinderccpror-640172539,1360.20100\dwg\1204167-2 esmtl.doc
� rthur Surve in Co. I nc.
Y g �
Ftni'essional Z,a,nd Surveyors
P,O. Box 54 � Lewisville, Texas 75067
Ofiice: (972) 221-9439 � Fax: (972) 221-4675
THENCE North 21 degrees 08 minutes 35 seconds Wast, continuing over, through and across
said Lot 4R and with the west lina of said 16 foot wide Utility Essement, a distance of 97.80 feet
to a point for corner in the north line of a 26 foot wida Sanitary Sewer Easement to the �City of
Danton, recorded in Volume 464, Page 188 of the Deed Records of Denton County, Texas;
TI�NCE North 83 degrees 36 minutea 07 seconds East, continuing over, through and across
said Lot 4R and with the north line of said 26 foot wide Sanitary Sewer Easament, a distance of
122.71 feet to a point for corner;
1'HENCE North 39 degreas 34 minutes 02 scconds East, daparting the north line of said 26 foot
wide Sanitary Sewer Easement and cbntinuing over, through and across said Lot 4R, a distance of
165.40 feet to a point for corner;
TI�NCE North 30 degrees 57 minutes 16 seconds East, continuing over, through and across
said Lot 4R, a distanbe of 66.77 feet to a point for corner in the northeast line of said Lat 4R,
same being the southw�st line of said Intarstate Highway 35-E;
TI�NCE South 50 degrees 18 minutes 52 seconds East, with the southwest line of said
Interstate Highway 35-E, a distance of 44.00 feet to the POINT OF BEGINNING, and
containing 0.786 acres of land, more or less.
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.� � � � � .� 25' Bldg, Llne � � � �
\ \
20' Sfdewalk Qe Utllfty Eemt. �(0/267)
� � �
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ioo o ioo �
Beorings shown are based on the Clty of
Denton ClS nelwork.
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( c� � s��pr[rte Irt�truman
to be Abandone� by � �^���; �
� separate inatrument � ! ,/ ryo �,,^� +
16' py�Fr��� ��, Eemt. � r� I � I�'ub��c �taZ�ssqe �sm�.
�
�., _� � .� _. v_ � �-. .�. .�. � � � lrz�da Cd�r. 2QO�t�+S7�2�
a______ ._�.____ . m _�... � _— � _....._+��- • ` '�. .� .�. �. �
� 16' �1tfi#ity �smt.
� � ' '�, � (0/2�T,1
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/ � � ,�.� � �� ��'"�'� Lot 1, Block A %�4 +,
0
/� ��� �` �rrm� Wood Autopark Addition, Phaee II\'��°;��'oro
� Cabinet R, Page 308 �, �i
/ /. � / �
� �
�
��
.,�� �,��'
\ I McNatt Addition �'� ��y
Cabinet O, Page 267 � `�
` Lot 1, Block A
Ja� Wood Autopark Addidon � public Utility Eamt. /
Gabinet R, Page 42
� 0.786 Acres ,� �,,�,�� �"�°,�
��� �� �, ����
.� � � �
���IT B
Public Utility Easement
0.786 Acrea in the
Gideon Walker Surveq� Abst. No. 1330
M.E.P.&P.R.R. Co. Survey, Abst. No. 9S0
City of Denton
Denton Countp, Tesas
— 2012 —
rthu�
� �,, ,
Professional Land Stuveyors
-_ _ :
972-221-9439 � Pax 972-221-467J
220 L�)m Streeti Suite 200 � P.O. Bau� 34
Lewiav/lle, Ta�ras 75067
�
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.
•
70 201 3 00077963
Recorded On: June 25, 2013
Parties: 52241 LP
To
Camment:
��
44.00
Total Recording: 44.00
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Instrument Number: 2013-77963
As
Easement
( Parties listed above are for Clerks reference only )
_
** Examined and Charged as Fallows: **
Billable Pages: 8
Number af Pages: 8
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ********"""'**
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2013-77963
Receipt Number: 1058110
Recorded Date/Time: June 25, 2013 02:54:02P
User / Station: S Parr - Cash Station 3
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
�,.� � �� �„� «, THE STATE OF TEXAS }
�`-� ��� COUNTY OF DENTON }
� 4��� 4� '� �}� I hereby certlfy that thls Instrument was FILED In the Flle Number sequence an the date/tlme
}`" �� "� � printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas.
� I # • � � � ���,
�;��a r � r��� �l�+kYcwC�"
� � `='�� ,� County Clerk
1e�6 �'� Denton County, Texas
'� w..,��
� y�
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THAT 55241, L.P., a Texas limited partnership ("Grantor"), of Denton County, whose mailing
address is 4401 North I-35, Unit 107, Denton, Texas 76207-3433, 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, 215 E. McKinney, Denton, Texas 76201, receipt of which is hereby
acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these
presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee")
a temporary construction, grading and access easernent in, along, upon, under, over and across
the following described property (the "Property99), owned by Grantor, and situated in Denton
County, Texas, located in the M.E.P. & P.R.R. Company Survey, Abstract No. 950 and the
Gideon Walker Survey, Abstract No. 1330, to wit:
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It is agreed that the said Grantee, in consideration of the benefits above set out, may remove
from the Property above described, such fences, signage, buildings and other obstructions as rnay
now be found upon said Property, for the purpose of construction activities, grading activities
and access in, along, upon, under and across said Property. It is specifically stipulated by
Grantor that the scope of the access, construction and grading activities shall include the clearing
and removal of vegetation and trees that exist within the Property.
The Grantee, its agents, employees, contractors, workmen, and representatives shall have the
right of ingress, egress and regress in, along, upon, under and across said Property, or any part
thereof, for the purpose of access, construction and grading activities.
The term of this grant shall expire on the earlier to occur of (i) one (1) year from the date
of the "Contractor Notice to Proceed Letter" for the State School Sanitary Sewer Interceptor
Praject — Phase II; and (ii) December 31, 2014.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the /� day of /Y% 2413.
� �.,. ...__�A���
GRANTOR:
55241, L.P., a Te��;.: limited partne�ship
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AcKNOwLEDG�NT
T� sTaTE oF
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Tk��s it�stC°���� ���� � c�nt��rl�.c� �e�3 before me on � � 2013
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_�,... ` ` . � .��� .���e►t`�`� cu�� of 55241,
L.P., a Texas limited partnership, on behalf of said partnership.
�rr�+a�t�.�r�a.r,r,�,d.�a�f�'�6a�F�+�A��c�a�i�'�'t�m�� .
�,���* "��� �► �� �����i�,�R�`
�a ��� ?'�� �li�iARY PU�1PC �iAT� � 3E�3
�g�; s� r c�i�u�ra�r��srwa��n.
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Notary � �r���ic, in and for the �i � of �; r � �� � �
M cornmission �,� ���e�. ` � � �� �
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Accepted this � day of � " �_, 2013, for the City of Denton,
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Texas (Ordinance No. 2013-�.
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By° ��,� �£ � M� � ���� � �'
Paul Williamson �� N.
Real Estate Manager
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.P''r+vfessiona,Y .T.,�ud Surveyors
P.O. Box 54 � I,ewisville, Texas 75067
Offace: (972) 221-9�439 -� Fax: (9i2) 221=4675
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BE1NG all that certa.in lot; tract or parcel of land situated in the M.E.P. 8t P. R.R. Company
Survey, Abstract Number 950:and the Gideon Wallcer Sw°vey, Abstract Number 1330 in the City
of Denton, n Countyy TPiXASy and being � gart of Lat 4R, Block A, McNatt Addition, an
addition to the City of Denton, Denton Countyy TBtscwy accArding to the plat thereof recorded in
Cabinet O, Page 267 of the Plat rds of Denton Countyy l, eiiFHSy and being more particularly
descri� as follows:
CO NCING at a'/a inch iron md found far the east corner of said Lot 4R and the north
corner of Lot 1, Block A, McNatt Addition, P II, an addition to the City of Denton; Denton
Countyy 1 OXSSy according to the plat thereof reco in Cabin�t V, Page 676 of the Plat Records
of � ton County, T , said point being in the southwest line of Infeirstabe. Highway 35-E, a
public roadway;
THENCE North 50 degrees 1$ minutes 52 seconds West, with the southw�st line of said
Int Highway 35-E, a dist�nce of 44.00 feet to the OF BEG G;
NCE Soiath 30 de s 57 minutes 16 seconds West, departing the southwest line of said
Int H'ighway 35-E and over, through and aarr,ss said L,ot 4R, a distance of 66.77 feet to a
poirn for eoraer;
NCE South 39 de s 34 minutes 02 saconds West, continuing over, through and across
said Lot 4R, a d' ce of 165.40 fcet to a point for corner in the north line af a 26 faot wide
Sanitary Sewer ent to the City of Denton, recorded in Volume 464, Page 188 of the Deed
R�IUS Ol l.�/�'illCon W��y 1CXAJy
NCE South 83 de s 36 minutes: 07 �°�c�� `'W"��, ��n�ir,�rr�;� �v�r, �u,�h and across
said Lat 4R and �vith the north lirie of said 2� f�t �r�,�'� ��i �evv+�r r���� a distance of
43.16 feat to a point for corner,
CE North 39 de 34 minutes 02 nds dep ' g tha north line of said 26 faot
wide Sanitary Sewer ant and cantinu.ing over, thro and aeross said Lot 4R, a,d' ce of
194.17 feet to a point for corner,
NCE North 30 de s 57 minutes 16 seconds P,ast, continuing over, through and across
said Lot 4R, a distance of 69.12 feet to a point for corner in the northeast 1'vne af said Lot 4R,
e being the sout�west line of said Intarst�te Highway 35-E;
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Bearings ahown ore based on the ClFy of ���'�+� ��,� �.�� 1 r� �� W �
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Jani� Wood Autopark Addition � ,� �4
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Ea be �N�a�n�t�sn��hy �. .�' ��;,�" ,��i°� � I sa�ar�rade ir��t. „w � �.,
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Gideon alker Survep� Abst. No. :1330 ptefessioaal Land 5urveyors
City of Denton
Denton County� Te88S 972 221-.9439 -- Fax 972-221-4673
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— 2012 -� Lo e, Texas 73
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P.O. Box 54 �- Letivisville, Texas 750b7
Office: (972) 221-9439 � Fax: (972} 221-467�
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7U 2013 aUd77564
Recorded On: June 25, 2013
Parties: 52241 LP
To
Comment:
Easement 48.00
Total Recording; 48.00
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Instrument Number: 2013-77964
As
Easement
( Parties listed above are for Clerks reference only )
-- __
** Examined and Charged as Follows: **
Billable Pages: 9
Number of Pages: 9
***"`"`""****** DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT **"`*********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2013-77964
Receipt Number: 1058110
Recorded Date/Time: June 25, 2013 02:54:02P
User / Station: S Parr - Cash Station 3
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Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas.
C�td"l.l-
County Clerk
Denton County, Texas
Attachment 5
to
Easement Grant and Abandonment Agreement
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ABANDONMENT AND RELEASE
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THIS Abandonment and Release (herein so called) is dated as of the date set forth below,
from the City of Denton, Texas (the "City"), and accepted by 52241, L.P., a Texas limited
partnership (the "Owner")
WHEREAS, Owner is the owner of a certain tract of real property described in a General
Warranty Deed from James L. McNatt, and The A1 McNatt Family Partnership, L. P., recorded
under Clerk's File Number 2004-88468, in the Real Property Records of Denton County, Texas
(the "Property");
WHEREAS, the PROPERTY is encumbered by the following easements:
a.
�
That certain sanitary sewer easement, dated on or about January 9, 1961, from
Walter M. Lea and wife, Jane C. Lea to the City of Denton, Texas, recorded in
Volume 464, Page 188, Deed Records, Denton County, Texas (the "Lea
Easement");
That certain public utility easement, dated on or about August 7, 1980, from
1
Calusa Development, Inc. to the City of Denton, Texas, recorded in Volume
1029, Page 480, Deed Records, Denton County, Texas, affecting Tract One, as
referred to therein. (the "Calusa Easement");
c. That certain all purpose utility easement, dated on or about October 6, 1981, from
Leon McNatt Motor Co., to the City of Denton, Texas, recorded in Volume 1106,
Page 73, Deed Records, Denton County, Texas (the "McNatt Easement"); and
d. That certain all purpose utility easement, dated on or about May 14, 1982, from
Republicbanl� Dallas, National Association to the City of Denton, Texas, recorded
in Volume 1143, Page 125, Deed Records, Denton County, Texas, affecting
Tracts One and Two, as referred to therein (the `Banlc Easement);
WHEREAS, the Lea Easement, the Calusa Easement, the McNatt Easement, and the
Bank Easement are hereinafter collectively referred to as the "Affected Easements";
WHEREAS, pursuant to that certain Easement Grant and Abandonment Agreement,
dated on or about , 2013, City of Denton Ordinance No. , the Denton
City Council authorized the City Manager, or his designee, to enter into this Abandonment and
Release for the express purpose of partially releasing the Affected Easements, said partial release
releasing the Affected Easements INSOFAR AND ONLY INSOFAR as the Affected Easements
cover and include those lands described and depicted on Attachment 1 and Attachment 2,
respectively, both attached hereto and made a part hereof for all purposes (the "Abandonment
Tracts").
2
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby stipulated, the City, subject to the terms and reservations hereof, does by these presents,
abandon and release unto Owner, its successors and assigns, all of its right, title and interest in
and to the Affected Easements, INSOFAR AND ONLY INSOFAR as said Affected Easements
cover the Abandonment Tracts. The City expressly reserves and retains, and this abandonment
and release shall not be deemed to effect, in any way, manner or form, (i) any right, title or
interest that the City may own, hold or possess under or pursuant to the Affected Easements,
INSOFAR as said Affected Easements cover, encumber or include lands other than the
Abandonment Tracts, and that the Affected Easements, INSOFAR as said Affected Easements
cover, encumber or include all lands other than the Abandonment Tracts, shall remain valid and
subsisting, and in full force and effect in accordance with the terms thereto; and (ii) any and a11
easements, rights of way and any other rights or interests, other than the Affected Easements,
whether acquired, obtained, owned or claimed by the City or public, by, through or under
conveyance, dedication by plat or other express dedication, implied dedication, prescription, or
by any other manner or means, in or to lands in which the Affected Easements may cover,
encumber, include, cross or overlap.
Executed this day of , 20_
CITY:
CITY OF DENTON, TEXAS
:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 20
�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
Date:
20
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:_
Date:
OWNER:
20
52241, L.P., a Texas limited partnership
Name;
Title:
Date:
ACKNOWLEDGMENT
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acicnowledged before me on the day of , 20_ by
George C. Campbell, City Manager, City of Denton, Texas, on behalf of said City.
Notary Public, in and for the State of Texas
My Commission expires:
L'�
ACKNOWLEDGMENT
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the day of , 20_ by
, of 52241, L.P., a Texas limited partnership,
on behalf of said limited partnership.
UPON RECORDATION
RETURN TO:
52241, L.P.
4401 North I-35, Unit 107
Denton, TX 76207-3433
Notary Public, in and for the State of Texas
My Commission expires:
5
ATTACHMENT 1 to Abandonment and Release Page 1 of 3
'� r h r ur e in Co. I r�c.
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LEi1'1SGILL� . DIsV�'I'0�
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Lesti•is� ille. T\ 750� i Denlori, 7'� 'IEi� 10
Ph. (9i?_) ??_1-94JS) Ph. (940) 435—;i1;i5
F.slt4hlished 19(](i
arihursiir•� c� ing,coiri
E��IT A
EASEMENT ABANDONMENT
0.488 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all fhat certain lo�, tract or parcel of land situated in the M.E.P. & P. R.R. Company
Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City
of Denton, Denton County, Texas, and being a part of Lot, 4R, Block A, MeNatt Addition, an
addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in
Cabinet O, Page 267 of the Plat Records of Denton Couuty, Texas, and being a part of a 16 foot
wide iJtility Easement, "Tract One", to the City of Denton, recorded in Volume 1029, Page 480
of the Deed Records of Denton County, Texas, and being a part of a 26 foot wide Sanitary Sewer
Easement to the City of Denton, recorded in Uolume 464, Page 188 of the Deed Records of
Denton C� unty, 'I'eaas,, and being a part of a 40 foot wide Utility Easement to the City of Denton,
recorded in Volume 1143, Page 125 of the Deed Records of Dento�n County, Texas, and being all
fhat 20 foot wide Utility Easement to the City of Denton, recorded in Volume 1106, Page 73 of
the Deed Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point for corner in the northwest line of said Lot 4R and the southeast line of
? ot 19 BloEk A, James Wood Autopark Addition,. an. addit►o� to the City of Denton, Den�on
Couniy, Te�s, according to the plat thereof recorded in Cabinet R, Page 42 of the Plat Records
of Denton County, Texas, from which a 3/a inch iron rod found for the west corner of said Lot 4R
and the south corner of said Lot 1 bears South 39 degrees 35 minutes 25 seconds West, a distance
of 30A0 fee� said point being in the northeast line of Lot 1, Block A, James Wood'Autopark
Addition, Phase III, an addition to the City of Denton, Denton County, Texas, according to the
plat thereof recorded iri Cabinet R, Page 308 of the Plat lZecords of Denton County, Te�s;
THENCE North 39 degrees 35 minutes 25 seconds East, with the southeast line of said Lot 1,
Block of ,Tames Wood Autopark Addition and with the northwest lii�e of said Lot 4R, a distance
of 75.68 feet to a point for corner;
THENCE North 83 degrees 36 minutes 08 seconds East, over, through and across said Lot 4.R
and with the north iine of said 26 foot wide Sanitary Sewer Easemeat, a distanc� of 3�&a:7�5� fee� to
a point for corner thereof;
TFIENCE South 21 degrees 08 minutes 35 seconds East, departing the north line of said 26 foot
wide Sanitary Sewer Easement and continuing o�rer, through and across said Lot 4R, a distance of
57.72 feet to a point for corner in the south line of said 40 foot wide Public Utiliiy Easernent;
TFIENCE South 83 degrees 22 minutes 25 seconds West, with the south lirie ofsaid"40`foot wid'e°
Public Utility Easement and continuing over, through and across said Lot 4R, a distance of
188.6$ feet to a point for corner in a northwest line of a 16 foot wide Utility Easement, part of
"Tract One", recorded in Volume 1029, Page 480, Deed Records, Denton Couniy, Texas;
p:ljvc12011\cocllstace school interceplor - b40172539.1360.201401dwg11204167-2_abandonment]-revised.doc
ATTACHMENT 1 to Abandonment and Release Page 2 of 3
��`, rihur Surve ir� �o. Ir�c.
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i� ° Pr.ofession�l.Land Surveyols
LEti`IS1'ILL� D��\!TON
'_''?U Elrn SL, j� 200 1172 Iietit O�ks
Le�ris�'ille, T� 75l)5'1 Ucnlon, 7'\ i(i'lU
Ph. (�72) ?21-9�39 I'li. (9�0) 4�i.i—�153
Lsf.�ihlish��d I�OG
arLkiursur��c,��in�.cotu
TAENCE North 39 degrees 40 minutes 16 seconds East, witl�► the northwest line of said 16 foot
wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 17.8o
feet to a point for corner at the southeast corner of said 20 foot wide Utility Easement;
THENCE South 84 degrees 17 muiutes •lQ�seconds West, with the south line of said 20 foot wide
Utility Easement and continuing over, through and across said Lot 4R, a distance of 187.39 feet
to a point for corner in a northeast line of said ] 6 foot wide Utility Easement;
THENCE Souih 50 degrees 19 minutes 44- seconds East, with the northeast line of said ] 6 foot
wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 21.14
feet to a point for corner in the south line of said 40 foot wide Public Utility Easement;
THENCE Soufh 83 degrees 22 minutes 25 secoiids West, departing the northeast Iine of said 16
fo�t wide LJtility Easement and continuing,,over, ilirough and across said Lot 4R, a distance of
96.45 feet to a point for comer;
THENCE North 50 degrees 26 minutes 51 seconds VJest, over, through and across said Lot 4R, a
distance of 6.97 feet to the P�INT OF B.�G.Il�TNIlVG, and containing 0.488 acres of land, more
or less.
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60 0 60 Feet
Bearings shown ore based on fhe Cify of
Denton G1S nefwork.
LH. 35E ^� Service Road
\ So,
\
\
�
LINE TABLE
LfNE BEARI�FG� DI�TANEE �
L1 N39'40'16"E 17.80'
L2 S50'19�44"E 21.14�
L3 NSO'26'S1'�W 6.97'
L4 S39'35'25"W 30.00'
� ',Y"fN0
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'C7
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o a� `
, �, � 0.48� Acres \\'
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ILot 4R, Block A
� McNatt Adciiti ;
Cabinet O, Pag���
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ts' utility Esmt.
(0/267)
port of ract One . ��.,.
(V.1029 P.480) Dc ��� �L. �� �
4o be Abandoned by � �� / �� P 16' Utilit�Es � „ I f �, � � •-• •�� ;
separate 'tnstrument / ort o! Tract One�� v ry�c ,,, e•
(V.1029 480 � ��P,.'
to be Abandone by Y-�� �/c�C� ,�� �,�
L2 separate instrument
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-- -�-'i--� r� �pp - - -- -� EXHIBIT B
�N °�� ///����h °�°+� Easement Abandonment
�� � ,^� /��� s4�@P/\
0.488 Acres in the
� � � � � .Abst. .� I�o. 1330
�� rn � L� '� �,� 'c° . Gtdeo�� �a��ar�. S�r•veyo
J� `4`b � � � p�� .' � .. . �° 'e7�
\�
/e // � J Proposed 14� Utility Esmt. M.E.F.&P.R.R. Co. St�rvey, Abst. No. 950
� i8y seporate instrument �,,'1t37 of Denton
���° `�° -' Texas
/ / �6' Utility Esmt. M(o/ss�) Denton Coullty,
3/4 LR.F. —�1 —�� X �D — 2013 °
(c.,�.) S50'26'S1 °'E
� 384.00� rthur Surveyin�„Coe Inc.
26' San. Sew. E mt. ,_; �
/(V.464/P.194}� I/ :; `
40' Public ut�rcy Esmt. Y �Professional Land Surveyors
/ (V.1743/P.725) Lot 1, Block A
LEWISVILLE DENTON
Jamw Wood A�atopark 1�dciiti�n, �'h3se �II 22p Elm St., # 200 1172 Bent Oaks
� C�binet R, Page 308 Lewisville, TX 75057 Deaton, TX 76210
Ph. (972) 221-9439 Ph. (940) 435-5155
Established 1986
� arthursurveying.com �
PM CSL
ATTACHMENT 2 to Abandonment and Release Page 1 of 3
�� , .
�;-;� rthur Surve ing Co., Inc.
,,,� Y
�- �t Professional Land Surveyors
LES►-1sv1LLL UL�TOn
:?'?(1 ELu SL, ��OU J 17Z Uent. Oalts
I.eu*is�rille, T\ 75(]57 Ucnlon, 'C\ 'I!i%l[)
Ph. (S)7?) ;�;?l-9�J� Plt. I`)^10) 4;i;i—::�1,5:�
F.st.xblished I S)U(i
�rlhur•s�u•cc,}-in��.con�
.�illi _ _ ._
FASEMENT AI3ANDONN�NT
0.095 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certaia lo�, tract or parcel of land situated in the M.E.P. & P. R.R. Company
Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City
of Denton, Denton Coun,ty, Texas, and being a part of Lot 4R, Block A, McNatt Addition, an
addition ko the City of Denton, I3enton Couiity, Texas, according to the pIat thereof recorded in
Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being more particularly
described as follows:
COD'IlVIENCING at a 3/ inch iron rod found for the west corner of said Lot 4R and the south
c�rner nf i,�t 1, Block A, 7ames V4�ood Autopark Addiiion, an addition to the City of Denton,
Uenton County, "I'e�s, according to the ptat thereof recorded in Cabinefi R, Page 42 of tbe Plat
Records of Denton County, Texas, and being in the northeast line of said Lot l, Block A, ,Tames
Wood Autopark Addition, Phase IlI, an addition to the City of Denton, Denton County, Texas,
according to the .p]at thereof recorded i❑ Cabinet R, Page 308 of the Plat Records of Denton
County, Texas;
THENCE North 39 degrees 35 minutes 25 seconds East, with the northwest line of said Lot 4R
and the southeast line of said Lot 1, Block A, James Wood Autopark Addition, a distance of
22.73 feet to a point for corner in the south ]ine of a 40 foot wide Public Utility Easemet7t to the
City of Denton, recorded in Volarne 1143, Page 125 of`the Deed Records of Denton Couniy,
Teaas;
THENCE North 83 degrees 22 minutes 25 seconds East, with the south line of said 40 foot wide
Public Utiliiy Easement and over, through and across said L,ot 4R, a distance of 84.39 feet to the
POINT OF BEGINNING, said point being in the southwest line of a 16 foot wide Utility
Easement, part of "Tract One", to the City of Denton, recorded in Volume 1029, Page 480 of the
Deed Records of Denton County, Texas;
T�NCE North $3 degrees 22 minutes 25 se�cands East; conti�uing with the srouth l�ne of-said
40 foot wide Public Uiility Easement and continuing over, through and across said 16 foot wide
Utility Easement, a distance of 22.1.3 feet to a poi�t for corner;
THENCE South 50 degrees 19 minutes 44 seconds Last, departing the south line of said 40 foot
wide Public Utility Easement and with the northeast line of said 16 foot wide Utility Easement
and continuing over, through and across said Lot 4R, a distance of 110.48 feet to a point for
corner;
THENCE North 39 degrees 40 minutes 1 S seconds East, with the northwest line of said ] 6 foot
wide Utility Easement and continuing over, tluough and across said Lot 4R, a distance of 1 I5.60
£eet to a point for corner in the south line of said 40 foot wide Publie Utility Easement;
p:Ijvc�20111cod1state school interceptor - 6401725391360.201001dwg\1204167-2_abandonment2-revised.doc
ATTACHMENT 2 to Abandonment and Release Page 2 of 3
��'� rthur Surve Ir� �o. I r�c.
:, ,� Y g �
�� '� Professio.t�al L�tnd Sur-veyors
-- -- l_f11'151I1,L1; ---- DE4T0�
?2Q F.lin til,, ��00 I1i3 iTet�l Oal.s
Le�visville, TX 75057 Uenlon, 't:\ ;(i?10
Ph. (S)71�) ?_21-9�-;1') T'Ii. (9=1U) .435-5155
i:sL<<blistied tJiiG
�rLlii.u•surve� i��h.roin
THENCE North 83 degrees 22 minutes 25 seconds East, departing the northwest line of said 16
foot wide Utility Easemeni and with the south ]ine of said 40 foot wide Public Utility Easement
and continuing over, through and across said Lot 4R, a distance of 23.16 f'eet to a point for corner
in the southeast line of said 16 foot wide Utility Easement;
THENCE South 39 degrees 40 minutes 16 seconds West, departing the south line of said 40 foot
wide Public Utiliiy Easement and with the southeast line of said 16 foot wide Utility Easemant
and continuing over, through and across said Lot 4R, a distance of 148.34 feet to a point for
corner;
TF3ENCE North 50 degrees 19 minutes 44 seconds VJest, with the southwest 1'u1e of said 16 foot
wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 141.77
feet to the POINT OF BEGINNING, and containing 0.095 acres of land, inore or less.
p:\jvc1201 llcodlstate school interceptor - 640172539.1360.2U1001dwo11 204 1 67-2_abandonment2-revised.doc
� . ; .� so � - ., �
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60 0 60 Feet � �r �P
Bearings shown a�e based on the City of \ / '/
Denton G15 network, LINE TABLE �
LINE BEAFiING � DI�TlthiCE " �'` /,
L1 N83'22'25"E 22.13' / �
�2 N83'22'25"E 23.16' / �/
L3 N39°35'25"E 22.73' / �� �
LH. 35E � Service Road �'
�
� / / \/\
� X FND � /
O iC. M. J � �
��7 ° �
'�C� N � / / �
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v y � �
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o � P+ � / � �s`� �
,�+ � � � J 11�' /
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`—' �' � hatched area � / Q �
p'� G _ to be Abandoned by � � �O
� Q A � seporate instrument � / I �
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n� s�Ly � / QC / /
P' .�ti :`� / os�`� / �- Lot 4R, B�ock 11
y9��ii� � r�j , I �<�'.,�$� / . . . �"� McN�tt Adc�ition
ti o z � Q ,
e
�3'p / � i,�y �6��� � / / � �, � Cabinet O, P��e
o �o `, �y,y . � e—
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. . \ 6'Sl0 0+.' . �OC \``', Q,1 � . . �... O v ' a/
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d- �i� a� (� .,�,�
;�� ♦ �� ♦ �, Q � ,
16' Utility.Esmt. I � � � ,� : � � . �RF ��`� �
"part of Tract One" � %/ � � Q .�
(V.1029/P.480) � / � 16' Utility Esmt. �- � ��� ����`�°"
to be Abandoned � �/ `port of Tract One°' '� �;
byseparoteinstrument � / / (V.1029/P.480) � ^��'•Q. ,���g4��,�`'�'r,b
� �` � S50°19'44"E 110.48' �' ���F���=� ���
�,'` E�semem� Abaradonmerg� ��s��
�,ti.� /� N50'19'44"W 14-1.77� �XHIBIT B
/. .�y /� i�� //� ��p Easemen t Abandonmen t
J�ry1 / � / � �. V . dJ .
�,��`e-�� / I /�� � O.Q95 Acres in the
.,6 / �� � ��,`� _\ Gid�on '�`�l�er Surv�y, Abst:' No. 133d
j/� �. �— Proposed 14' Utility Esmt. — M.E.P,&P.R.R. Co. Survey, Absi. No. 950
/ C� By separate instrument
�, — — — City of Denton
—� i6' Utility Esmt_ � (0/267)
„ Denton County, Texas
� 3/4l.R.F S50' 6'S1 "� X"FNO — 2013 —
, `c.M., rthur Surveying Co,, Inco
� 26' Son. Sew. Esmt. 384.00�
( V, 464/P.194) l/ , . �
40' Public ur�rcY ESm�. V ^ Px'ofessional Land Sursreyors
/ (V.1143/P.125) Lot 1, I3�ock � LEWISVILLE DENTON
James Wood Autopark Addition, Phasc �� 220 Elm St., # 200 1172 Bent Oaks
Cabinet R, Page 308 Lewisville, T% 75057 Denton, TX 76210
Ph. (972) 221-9439 Ph. (940) 435-5155
\ Established 198fi
�� arihursurveying. c om
- 640172539.1960.E0100\d.o\1204167-2_obnntlommt2.qro 2�2��201] 2�4T11 PX CST
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i
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DATE : August 29, 2013
GF NO : 121395
TO : LUANNE OLDHAM
CITY OF DENTON, TEXAS
901-TEXAS STREET
DENTON, Texas 76209
RE . Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced �le
as Lot 4R, Block A, MCNATT, Denton County, Texas and being commonly known as 4000 S I-35E,
DENTON, TEXAS 76210 ("Property").
We are pleased to enclose an Owner's Title Policy No. 91143-15132 from TITLE RESOURCES GUARANTY COMPANY,
issued in connection with the purchase of the property described in the Title Policy.
The enclosed Title Policy is an important legal document, so please safeguard it with your other important papers.
TITLE RESOURCES appreciates the opportunity to be of service to you and hope that you will remember us should you
have a future need for the services of a title company.
Please call if you have any further questions or if we can be of further assistance. Thank you again for letting TITLE
RESOURCES help you with the purchase of your property.
Gail Green
Policy Processor
gail@trnt.net
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525 South Loop 288 Suite #125 * Denton, Texas 76205 * Office (940) 381-1006 * Metro (940) 243-2913 � Fax (940) 898-0121
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File No . 121395 � Policv No 91143 - 15132 Premium: $2,598.00
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the
Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, TITLE RESOURCES GUARANTY COMPANY, a Texas corporation (the "Company") insures, as of Date of Policy and, to the extent
stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed,
acknowledged, notarized or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records
including failure to perForm those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental
authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land.
The term "encroachmenY' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto
the Land of existing improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of
Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of
the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an
alternative remedy, of a transfer of all or any part of the title to or any interest in the Land
occurring prior to the transaction vesting Title as shown in Schedule A because that prior
transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state
insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a
preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws
by reason of the failure of its recording in the Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
� ,� �6,�'�+�"���� Tl�le Resources Guaran[y Company
� �„ �
� ���,� �x'''�'�.. BY: ��'r{-�.C..t„i �J � F r�i d. �"_ yf
�. �� ��� � 4 q;,�'��.
,� u�Yi x��i ��+a€zs�dre �„.f�, ��°.� Execu[ive Vlce F%r��id�nt �
� b ����'��� �C � �g ��„��� ..
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525 S. Lo�p 288, �te 12� �«�,�,k �.�
Form T-1: Owner's Pc,���t� � � ���5,��� ����y ��� icnaa� Effective 2/01I2010
TLTA T-1 OWNER'S POLICY (2/1/10)
. '� . . � � .
1
Name and Address of Title Insurance Company:
File No.: 121395
Amount of Insurance: $411,000.00
Date of Policy: June 25, 2013
1. Na e of Insured:
� �, � . -
Policy Na.: 91143-15132
TITLE RESOURCES GUARANTY
CO P Y
8111 LBJ Freeway, #1200, Dallas, TX 75251
2. The estate or interest in the Land that is insured by this policy is:
Easement Estate
3. Title is insured as vested in:
� � � �
4. The Land referred to in this policy is described as follows:
Policy No.: 91143-15132
' • �� �r '� •: 11
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File R1o.: 121395 Page 1 of 5
08 TLTA—T�1 Owner's Policy
TLIH 1°� oYi'1VL`1�9�J ioL1l.Y (L�l�lo)
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Policy No.: 9l ] 43-15132
This policy does nat insure against lass ar damage (and the Company will not pay costs, attorneys' fees
or expenses} that arise by reason of the terms and conditions of the leases and easements, if any shown in
Schedule A, and the fallowing matters:
1. The following restrictive covenants af record itemized below (the Company rnust either insert
specific recording data or delete this exception):
Item No. 1 is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
Homestead or cornmunity property or survivarship 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 shares or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to iilled-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 ta the line of vegetatian, ar the right of
access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing autharity for the year 2013, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or ownership, but not those taxes or assessments for prior years because af an exemption
granted ta a previous owner of the praperty under Section 11.13, Texas Tax Code, or because of
improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters
(The Campany must insert matters or delete this exception):
a. Rights of parties in possession and rights af tenants in possession under any unrecorded leases or
rental agreements.
• • � '� � �! . 1 rt- ► . • � • �• �., •
• • , • � � ; .r • '.*- • ' '- • � � �-T • •
A 16' utility easement along the rear baundary line and running acrass a portion of the east side
of lot as shown on p at recorded in Cabinet O, Page 267, Plat Records af Denton County, Texas.
d. Easement executed by W. H. Overall and wife, Minnie Overall to Texas Power & Light
Company, dated 5/6/1930, recorded in Valume 231, Page 252, Deed Records, Dentan County,
Texas.
File IVo.: I21395 Page 2 of 5
08 TLTA—T-1 d4vner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10} Policy No.: 91143-15132
e. Easement executed by W.H. Overall and wife, Minnie Overall to Texas Power & Light
Company, dated 7/30/1945, recorded in Volume 320, Page 482, Deed Records, Denton County,
Texas.
f. Easement executed by Joe Akers and wife, Betty Akers ta Brazos River Transmission Electric
Cooperative, Inc., dated 5/14/1946, recorded in Volume 332, Page 484, Deed Records, Denton
County, Texas. Assigned to the City of Denton, Texas, by instrument dated 10/23/19$7, recorded
in Volume 2736, Page 825, Real Property Records, Denton County, Texas. (Blanket Easement)
g. Right of Way Easement executed by JOE B. AKES and AMA BETTY AKERS to SINCL
REFINING COMP , a Maine corporation filed December 18, 1947, recorded in Volume
341, Page 194, Deed Records of Denton County, Texas. Assignment ta SINCLAIR REFINING
COMPANY filed January 22, 1951, recorded in Valume 367, Page 242, Plat Records of Denton
Caunty, Texas. Encroachment Agreement filed October 12, 1972, recorded in Volume 657, Page
356, Deed Records of Denton County, Texas. Agreement Defining Right of Way filed Septernber
29, 1969, recarded in Valurne 592, Page 131, Real Property Records af Denton County, Texas,
being a 50' ARCO Pipeline Easement running acrass lot as shown on plat recarded in Cabinet O,
Page 267, Plat Records of Denton County, Texas.
h. Easement executed by Thomas E. Noel and wife, Fama C. Noel to Texas Power & Light
Company, dated 7/18/1955, recorded in Volume 416, Page 235, Deed Records, Denton County,
Texas.
i. Easement executed by T.H. Cunningham and wife, Hilda H. Cunningham to the City of Denton,
Texas, dated 12/17/1960, recorded in Volume 464, Page 176, Deed Records, Denton Caunty,
Texas.
j, Easement executed by WALTER M. LEA and wife, JANE C. LEA to CITY OF DENTON,
TEXAS filed February 2, 1961, recorded in Volume 464, Page 188, Deed Records of Denton
County, Texas, being a 26' sanitary sewer easement running across lot a shown on plat recorded
in Cabinet O, Page 267, Plat Records of Denton County, Texas.
k. Easement executed by Henry O. Taliaferro and wife, A. Kathryn Taliaferro to the City of
Denton, Texas, dated 12/22/1960, recorded in Volume 464, Page 194, Deed Records, Denton
County, Texas
1. Easement executed by Joe P. Farina to the City of Carinth, dated 3/23/1972, recorded in Valume
650, Page 281, Deed Records, Denton County, Texas. (Blanket Easement)
m. Easement executed by Willard B. Naughton and wife, Evalyn Naughton to the City of Corinth,
dated 4/24/1972, recarded in Volume 650, Page 346, Deed Records, Denton County, Texas.
(Blanket Easement)
n. Easement executed by M.F.A., INC. to CITY OF CO TH filed October 18, 1972, recorded in
Volume 657, Page 735, Deed Records of Denton Caunty, Texas, being a 20' water and sewer
easement along the front boundary line of lot as shown on plat recorded in Cabinet O, Page 267,
Plat Records af Denton County, Texas.
o. Easement executed by CALUSA DEVELOPMENT, INC. to THE CITY OF DENTON, TEXAS
filed August 8, 1980, recorded in Volume 1029, Page 480, Deed Records of Dentan County,
Texas, being a 16' utility easement running acrass lot as shown on plat recorded in Cabinet O,
Page 267, Plat Records of Denton County, Texas.
File No.: 121395 Pa�e 3 0�' S
08 TLTA-T-1 Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10}
Policy Na.: 91143-15132
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�. Royalty Reservation of an undivided one-sixteenth (1/16th) non-participating royalty interest
(same being one-half of the usual 1/8th royalty) in and to all of the oil, gas and other minerals in,
to and under and that may be produced from subject property in Warranty Deed executed by
Cora Gross etal to V.H. Thomas, dated 10/5/1942, recorded in Volume 298, Page 464, Deed
Records, Denton County, Texas. (Title to said interest not checked subsequent thereto.}
t;, Royalty Reservation of a nan-participating royalty interest of one-thirty second of all oil, gas
and/or other minerals that may be produced from subject property in Warranty Deed executed by
Jae Akers and wife, Ama Betty Akers to Thamas E. Noel, dated 5/12/1951, recorded in Volume
370, Page 283, Deed Records, Denton County, Texas. (Title to said interest not checked
subsequent thereto.}
u. Royalty Reservation of an undivided one-thirty second (1/32nd) nan-participating royalty interest
(sarne being one-fourth of the usual 1/8th) in and to all of the oil, gas and other minerals in, to
and under and that may be produced from subject property in Warranty Deed executed by
Thomas E. Noel and wife, Farna C. Nael to Walter M. Lea and wife, Jane C. Lea dated
10/26/1955, recorded in Volume 416, Page 521, Deed Records, Denton County, Texas. (Title to
said interest not checked subsequent thereto.)
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File No.: 121395 Page 4 of 5
08 TLTA—T�I Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10)
Policy No.: 91143-15132
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File Ato.: 121395 Pa�e 5 af 5
08 TLTA—T-I Owner's Pa(icy
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses that arise by reason of:
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or
relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10);
or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as
shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
Unmarketable Title.
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section
8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal
representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-
owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate
planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any
predecessorinsured.
(e) "Insured ClaimanY': an Insured claiming loss or damage.
(f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records
or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law.
(i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental
protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located.
Q) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the
Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest
in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the
Insured of either
(i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or (ii) in case Knowledge shall
come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the
Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the
Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the
Insured notifies the Company as required herein of a
lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the
Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter
is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity
or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not
covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall
specifically advise the
Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall
take one of the following
actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the
Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the Insured Claimant or to a subsequent
owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien,
encumbrance, adverse claim or
defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title
insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or
defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i)
through (v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that
the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by
this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company
shall have the
right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes
of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the
Insured in the defense of those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured.
The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a
final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or
order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,
the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the
right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall
give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other
matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the
Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or
matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company
and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the
authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third
party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company
pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or
grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law
or governmental regulation, shall terminate any liability of the Company under this policy as to that claim.
(c) If the Insured demands that the Company accept a settlement offer that is not greater than the Amount of Insurance or if the Insured expressly
agrees that a settlement offer should be accepted, the Company has a right to be reimbursed if it has timely asserted its reservation of rights and
notified the Insured that it intends to seek reimbursement if it pays to settle or defend a claim that is not covered by the policy.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to
pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or 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 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 competentj€�risdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of
the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a
charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30
days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant
in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise
or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and
remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions
contained in those instruments that address subrogation rights.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration
Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured
arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim
arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when
the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court of
competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010
(a) This potqcy lca��tl�er w+t�� �all endorsements, if r�ny, �tt�cf�r�x� t� it by t��c ��a�r��r��y is li�� �nt��'� �rc�hry a��d contract between the Insured and the
Company. lat I�°�t�rpr�fir�� �e�y provision of this perii�y �9tis pal�c;y sP1�ll �e. �anstr��d �s � wkacr�e.
(b) Any claini ca# 1�rss c�r ct�rx�age that arises ou� �t it�� st�iu� rs# tE�e �°�tf� �r by any ��ta�as� �ss�rt'srsg �u�i� cl�im, shall be restricted to this policy.
(c) Any am�rtrSr��r�t caf rar �r�dorsement to this pc,i�cy rraus# t?� o�� writ�nc� ar��' �t�tFaertt3eat�� by �r� �uihtsrt���! person, or expressly incorporated by
5�h�r�ude I� cai tE�ss per���y,
(si� ��ch �n�vrsen��f7t t�s th6� �r�li�y issLa�� �t �a�y tim� is rrr�d� a p�rl c�� t�is �aE��Y' and is subject to all of its terms and provisions. Except as the
��7��,����Q�� ���y������ �{����,d �� ���� �,�� ���'���{� �,��a �y{ �� #���;� ��� �r�,vi�€€sns of the policy, (ii) modify any prior endorsement, (iii) extend the Date
�i �'aPicy �r (uvj inc:r��as� i��; Rmrur�t af 8���u����c�. �a�tr �t�rr�mit�racu�t, �rsdors��ry�nt or other form, or provision in the Schedules to this policy that refers
to � t�rs,� �f�filr�e� kro ���tican �+�f tl�� Gand�tE�ro� st��ll �c d��n�ed tc� �gf�r tn 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) Ct��a�c� r�f �.�w: `�h�: 9�rs��rer! ��;k���ivl�d�as k�te C��zrr�pa�y It�s u�d�rvvritt�es !he risks ��v�r�r� l�y lh�s p�li�;y ��d drt�r�ir��c! Ch� �r�rr�i�rtt ch�r��t!
therefts�° it� r�3i�nc� t�p��€� ti�� law afife�;torrc� in#er�sis �n r9a3 prt��a�r1y an[� �p�lkc�k�i� t� Che inFer�tr�i�krtort, rtc�E�ts, p'ern�d��s cs�° ��sfc�r�emcnl �t
polici�� �af t6kle ins��c�r�cc r�f tP�� j�aris�RCte+��a wi��e� �E�� L�rrd i, �c�c�t�d 7hsr�f�r�, tk�e �a�ri rt�c as� �rl�itr��or sli�l9 ���ly tl�s� law af t��� �urisd'sctecan wlre��e
the Lan�P rs la��t�;ci Ecr dQterrrain� tR�€� v�f�diiy oi e;l�i�a� ���in�f t}�� `V'ii1�* tf�at �r�; a�9v�es� tts t�e� tln���re:c�, an�{ �n srst�:rpeefi€�� ar�d �r�Yrsrcl�g ihe t�rzns caf this
E�ral3�y. Irr ��itkt�r �a�� ���II ik�� ct��ar� pr �rC�itratar
��p6y Yds ��a€��Ir�ts vf lavws p�it��kpF�s ta c9et�rr`ni�e tl�� appii��E�ie I�w.
��� Ci��,�� �a� F�rur�1, ,qny Mftwg�tia+� �s• c�tp��r �rQ�e�d���g brouc�ht kay the Insured against the Company must be filed only in a state or federal court within
th� l]���t�:d St�t�� c�d l�n��rica car i#s t�crilr�rie� f��vir�g �p�rca�r��te� �urisdiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at
8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010
FT (6/2001)
File No.: 121395
, �, � -
Privacy Policy Notice
, .,� �, � -y
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
TITLE RESOURCES, LLC. ("TITLE RESOURCES").
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer-reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perforrn marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
1 � � ' 1 " � � ' : ' ' � � ' i � : �
� � , �.. � .;�� � ,
� . 1 :
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
FT (6/2001)
File No. 121395
. � . �� , . , � �� .
Privacy Policy Notice
� . �� �, � --
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
1 � � ' 1 1 � ' :' '' ' � �' � - : �
� � � ., , .; , � , ;� ,
� . � �
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
G.F. Number 121395
IMPORTANT NOTICE
To obtain information or make a complaint:
1. You may contact your title insurance agent at (940) 381-1006.
2. You may call TITLE RESOURCES GUARANTY COMPANY's toll-free telephone number for
information or to make a complaint: (insert underwriter information).
3. You may also write to TITLE RESOURCES GUARANTY COMPANY at (insert underwriter
information).
4. You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at 1-800-252-3439.
5. You may write the Texas Department of Insurance,
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@.tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact the title insurance
agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
1. Puede comunicarse con su agente de seguro de titulo al (940) 381-1006.
2. Usted puede Ilamar al numero de telefono gratis de TITLE RESOURCES GUARANTY COMPANY's
para informacion o para someter una queja al (insert underwriter information).
3. Usted tambien puede escribir a TITLE RESOURCES GUARANTY COMPANY: (insert underwriter
information).
4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de
companias, coberturas, derechos o quejas al: 1-800-252-3439
5. Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente de seguro de
titulo primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en
parte o condicion del documento adjunto.
(i)