2014-067s:\Begal\our documents\ordinances\14\ne(n�s_�reb ordinance pw,doc
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WHEREAS, the City of Denton made an affer to the Owner to purchase the Property
Interests pursuant to Ordinance No. 2013-170, passed and approved by the City Council of the
City of Denton on July 16, 2013;
WHEREAS, the City of Denton made a final offer ta the Owner to purchase the Property
Interests pursuant ta Ordinance No. 2014-012, passed and approved by the City Council af the
City of Denton on January 7, 2014;
WHEREAS, Owner has made a counteraffer ta the Offer(s) of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE
1 .__ •' • • � • ' : •"R �
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Praperty Interests by the City. The
City Council hereby finds and determines that the acquisition of the Praperty Interests is
necessary for public use to provide street and roadway expansion, related improvements and also
municipal landfill use, all to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute far and
on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
farm attached hereto and made a part hereof as Exhibit 66 ^ 999 �,ith a purchase price of
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$1,481,580.00 and ather consideration, plus costs and expenses, all as prescribed in the Purchase
Agreement; and (ii) any other dacuments necessary far closing the transaction contemplated by
the Purchase Agreement.
SECTION 3, If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding 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.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPR04'I::[� AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: � '�� ,��' �..�
Page 2
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THIS PURCHASE AGREEMENT (the "Agreement") is dated ��N� ��r x,F°°� �_�' ��•�"� d�" �
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2014, but effective as of the date provided below, between Kevin Nelms and Richard Greb and
wife, Nancy Greb (referred to collectively herein as "Owner") and the City of Denton, Texas
("City").
WITNESSETH:
WHEREAS, Kevin Nelm and Richard Greb and wife, Nancy Greb are the Owner of a tract
of land (the "Land") in the David Hough Survey, Abstract Number 646, Denton County, Texas,
being affected by the public improvement projects (i) called the Mayhill Road Widening and
Improvements Project ("Mayhill Project"); and (ii) related to the expansion and improvement of
the City of Denton Landfill, a permitted municipal solid waste disposal facility (the "Landfill
Project") (the Mayhill Project and the Landfill Project are collectively referred to herein as the
"Projects");
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
an easement, being a part of and encumbering the Land, related to the Projects; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Projects;
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NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (the "Mayhill Deed"), conveying to the City, subject to the reservations
described below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to
that certain Mayhill Deed, and other interests as prescribed therein (the "Mayhill Fee Lands"),
the Mayhill Deed being attached hereto as Attachment 1 and made a part hereof, related to the
Mayhill Project; (ii) a Special Warranty Deed (the "Landfill Deed"), conveying to the City,
subject to the reservations described below, the tracts of land being described in Exhibits "A-1"
and "A-2", respectively, and depicted in Exhibits "B-1" and "B-2", respectively, to that certain
Landfill Deed, and other interests as prescribed therein (the "Landiill Lands") (the Mayhill
Lands and the Landfill Lands are collectively referred to herein as the "Fee Lands"), the Landfill
Deed being attached hereto as Attachment 2 and made a part hereof, related to the Landfill
Project (the Mayhill Deed and the Landfill Deed are collectively referred to herein as the
"Special Warranty Deeds"); and (iii) a Drainage Easement (the "Easement"), in, along, upon,
under, over and across the tracts of land being described in Exhibits "A-1" and "A-2",
respectively, and depicted in Exhibits "B-1" and "B-2", respectively, to that certain Drainage
Easement (the "Easement Lands"), the Easement being attached hereto as Attachment 3 and
made a part hereof, for drainage purposes, as more particularly described therein, related to the
Mayhill Project.
The (i) Special Warranty Deeds shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1" and "Attachment 2", respectively; and (ii) the Drainage
Easement shall be in the form and upon the terms as attached hereto and incorporated herein as
"Attachment 3" (the Fee Lands and the Easement are collectively referred to herein as the
"Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves,
2
may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not
have the right to use or access the surface of the Fee Lands, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without limitation, use
or access of the surface of the Fee Lands for the location of any well or drill sites, well bores,
whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or
tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or improvement of
any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or
related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated hydrocarbons, and
shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent
of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth. ,� y t'��
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2. As consideration for the granting ��� ��a�zv y�i��� of �� �'i� �€;�°�y to t,l°��, C;`ity ���c ��tv �1��11 pay
�i'��`� ���d` ��fb'rt l� �ur �`� � � ��� `� � °�i �i��t�Sr1w� �,vc
&�' �i �' � �. �` p c. �q � r .0 =,, �"o +.
��i��t.�y tc� t��ua���• �i [sl��;;ir� � ii�� s����� c�f �" � �• ��-�� �
u -
�U✓�t�rcc� �;° �"����� � � ), �'� �4��a�r� � �'>�°� �" �
���� I�tc��'1(3(l 17c�I[a,�•s (' r`�,�'�:!l���. The monetary compensation prescribed in this Section 2 is
herein referred to as the "Total Monetary Compensation".
3. The Owner shall convey and grant to the City the Property free and clear of all debts, liens and
other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all
closing requirements of the City in relation to solicitation of releases or subordinations of the
T�rl�e �hc�ude5 �e ��crs Grv��t�iwc, �� -�� o� �� rovt f r��� ¢D �''l e l.OJr !7Cr�
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Encumbrances and other curative efforts affecting the Property, if necessary in the discretion of the
City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing,
such shall not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement,
4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project, including without limitation, any damage to
or diminution in the value of the remainder of Owner's property caused by, incident to, or related to
the Project and/or the transactions contemplated by this Agreement, value of, damage to and/or costs
of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
other structure or facility of any kind within the Fasement Lands, interference with Owner's
activities on the Easement Lands or other property interests of Owner caused by or related to
activities on the Fee Lands related to the Project and/or activities within the scope of the rights
granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for
themselves, their heirs, devisees, successors and assigns, the City, it's officers, employees, elected
officials, agents and contractors from and against any and all claims they may have now or in the
future, related to the herein described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
4
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) and City shall pay for those
taxes attributable to the period commencing as of the Closing Date. All other typical, customary and
standard closing costs associated with this transaction shall be paid
for Owner's attorney's fees, if any, which shall be paid by Owner.
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7. The date on which this Agreement is executed by the-
Agreemexit.
by the City, except
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be the "Effective Date" of this
8.A. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity to
cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
written notice of such election to City; or (ii) enforce specific performance of this Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
5
SOLELY 1N THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
10. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
into any Agreement that will be binding upon the Fee Lands or the Easement Lands, or upon the
Owner with respect to the Fee Lands or the Easement Lands, after the date of Closing.
11. Kevin Nelms represents and warrants to City that (i) the Property comprises no part of the
homestead of he and his wife; and (ii) the Property is the separate property of Kevin Nelms or, if
community property, that Kevin Nelms has the legal authority to perform all actions and obligations
prescribed by this Agreement without joinder of spouse.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and rec;eived upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
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CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
C�
1��t°, Gre� �u �v� Nancy Greb
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Telecopy: � � ����3 ;��"�� �` �,��' .���`;
For Citv:
R.ichard Casner, First Assistant City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. . Time is of the essence with respect to this Agreement.
14. The a•epresenlations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deeds or Easement.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that rnight result in the taking of
any portion of the Fee Lands and/or Easement Lands, City may, at its election, terminate this
Agreement at any time prior to Closing.
16. This Agreement may be executed in any number of counterparts, all of which taken
together shall constitute one. and the same agreement, and any of the parties hereto may execute
this Agreement by signing any such counterpart.
7
CITY OF DENTON, TEXAS
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��� RGE C. CAMPBELL,
CITY MANAGER
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Date; �'r,�°°` � , 2014
ATTEST:
JI�1�� �"�
BY: �
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WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: '�,, �,���. � L�.�._ � � l �. , � � s �
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Date: _--'��r� �� '�' a� �,.� ��.t� ��m����..., �,����
OWNER: �
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RICHARD GREB y�
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Date �� c�'�__.:��i _ � � , 2014
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By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: �w_ __ _ m__ , 2014
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
(Mayhill Deed)
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That Kevin Nelms, a married man, with the Property (as defned below)
comprising no part of the homestead of he and his wife, and Richard Greb and wife,
Nancy Greb (herein collectively called "Grantor"), for and in consideration of the sum of
TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to
Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal
Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the
receipt and sufficiency of which are hereby acknowledged and confessed, has
GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and
CONVEY, unto Grantee all the real property in Denton County, Texas being particularly
described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part
hereof for all purposes, and being located in Denton County, Texas, together with any
and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way
and together with all and singular the improvements and fixtures thereon and all other
rights and appurtenances thereto (collectively, the "Property").
Grantor, �subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining
or other exploration and/or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "other minerals" as utilized herein, shall be in accordance with that set forth
in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of fve hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
1. Easement executed by MASON A. HAGGARD and wife, WILMA M.
HAGGARD to SINCLAIR REFINING COMPANY filed December 18, 1947,
recorded in Volume 341, Page 222, Deed Records of Denton County, Texas.
Assigned to SINCLAIR PIPE LINE COMPANY by instrument filed January 22,
1951, recorded in Volume 367, Page 242, Deed Records of Denton County,
Texas.
2. Easement executed by G. H. BRAMMER and wife, RONDEAU E. BRAMMER
to SINCLAIR REFINING COMPANY filed December 18, 1947, recorded in
Volume 341, Page 202, Deed Records of Denton County, Texas. Assigned to
SINCLAIR PIPE LINE COMPANY by instrument filed January 22, 1951,
recorded in Volume 367, Page 242, Deed Records of Denton County, Texas.
Page 2 of 5
3. Easement executed by MARY FRANCES MALLOW FULTON to BRAZOS
ELECTRIC POWER COOPERATIVE, INC., filed May 16, 1985, recorded in
Volume 1636, Page 436, Real Property Records of Denton County, Texas; as
shown on survey dated September 25, 2012, prepared by John M. Russell, RPLS
#5305 as to 2.151 acres and as shown on survey dated October 5, 2012, prepared
by John M. Russell, RPLS #5305 as to 7.628 acres and as shown on survey dated
March 6, 2014, prepared by Douglas L. Arthur, RPLS#4357 as to 1.050 acres)
4. Right-of-Way Easement executed by KEVIN NELMS to NGG GATHERING
COMPANY LLC, filed March 27, 2006, recorded under CC#2006-34815, Real
Property Records of Denton County, Texas; as shown on survey dated September
25, 2012, prepared by John M. Russell, RPLS#5305 as to 0.159 acres, as shown
on survey dated October 5, 2012, prepared by John M. Russell, RPLS #5305 as to
7.628 acres; as shown on survey dated December 5, 2012, prepared by Douglas L.
Arthur, RPLS #4357 as to 0.125 acres and as shown on survey dated September
25, 2012, prepared by John M. Russell, RPLS #5305 as to 2.151 acres.
5. Mineral lease granted by MASON A. HAGGARD and wife, WILMA M.
HAGGARD to STANDARD OIL COMPANY OF TEXAS described in
instrument filed July 10, 1957, rec'orded in Volume 430, Page 508, Deed Records
of Denton County, Texas.
6. Undivided interest in Oil, Gas and other Minerals reserved in deed from KEVIN
NELMS to RICHARD GREB and wife, NANCY GREB filed August 16, 2006,
recorded under CC#2006-100770, Real Property Records of Denton County,
Texas.
7. Mineral lease granted by AETNA LIFE INSURANCE COMPANY to
STANDARD OIL COMPANY filed August 5, 1957, recorded in Volume 431,
Page 244, Deed Records of Denton County, Texas.
8. Undivided %z interest in Oil, Gas and other Minerals reserved in deed from
AETNA LIFE INSURANCE COMPANY to MARY MCCOLLOM filed October
3, 1939, recorded in Volume 278, Page 376, Deed Records of Denton County,
Texas.
Grantor hereby assigns, without recourse or representation, to Grantee, any and all
claims and causes of action that Grantor may have for or related to any defects in, or
injury to, the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees,
Page 3 of 5
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through or
under Grantor, but not otherwise.
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KEVIN NELMS
THE STATE OF TEXAS
COUNTY OF DENTON
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RICHARD GREB
NANCY GREB
ACKNOWLEDGMENT
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This instrument was acknowledged before me on _����� mm� � 2014 by
Kevm Nelms.
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EXHIBIT "A" - to Special Warranty Deed
rthur Surveying Co., I nc.
1�r+vfiessxoaoesl I.�sz�ed Sut�v+eyors
P.O. Bos 54 -� I.ewisville� Texea 75067
Ofiice: (972) 221-9439 -- Fax: (972) 221-4675
EX�iIBIT "A"
MA,YHILL ROAD
PARCEL M137 & M138
7.628 Acres
City of Denton, Denton County, Texas
BEING all that certaitt lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, DenWn County, Texas, and being part of Tracts I and R as describod by deed to Kevin Nelms, Recorded in
Volumo 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being mora particularly described
as follows:
BEGINNING at a"PK" nail set in Mayhill Road for the southeast corner of said Nelms Tract I and the northe�t
comer of a rigtrt-of-way dedication as shown on Providence Place II, an addition to the City of Denwn, Denton
County, Texes, according to the plat thereof recorded im Cabinet X, Page 905, Plat Records, Denton County, Texas;
THENCE South 88 degrees O1 minutes 21 seconds Wast, with the south line of said Nelms Tract I and the north
l�e of said right�f-way dedication, a distance of 28.98 feet to a I!2 inch iron rod with yellow cap stamped "Arthur
Siuveying Compan�%' (ASC) set for the beginning of a non-tangent curve to the leR, having a radius of 355.00 feet;
THENCE over and across said Nelros Tract I, with said curve to the left, tb�rough a central angle of 44 degrees 20
minutes 29 seconds, whosa chord bears North 25 degreas 14 minutes 53 seconds West at 267.93 feet, having an arc
length of 274.74 feet to a 1/l iach iron rod with yellow cap stampefl "ASC" set for corner;
TI�NCE North 57 degrecs 27 minutes 27 seconds West, over and across said Nelms Tract I, a distance of 197.21
feet to a 12 inch iron rod with yellow cap stamped "ASC" set for comer;
Ti�NCE South 37 degrees 43 minutes 36 saconds West, over and across said Nelms Tract I, a distar►ce of 307.97
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a
radius of 905.00 feet;
THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 09 deg�ees 21
minutes 40 seconds, whose chord bears South 33 degrees 02 minutes 46 seconds West at 147.70 feet, having an arc
length of 147.86 feet to a 1!2 inch iron rod with yellow cap staenpad "ASC" set foc comar in the south line of said
Nelms Tract I and the north line of said Providence Place II;
THENCE South 88 degrees O1 minutes 21 seconds West, with the south line of said Nalms Tract I and ti�e noxth
line of said Providena Place II� a distance of 286.96 feet to a 12 inch iron rod with yellow cap stamped "ASC" set
for corner;
TH�NCE North O1 degrees 58 minutes 58 seconds West, over and across said Nelms Tract I, a distaace of 8.87 feet
to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beguuning of a non-tangent curve to the left, having
a radias of 125.00 fat;
(condnuad)
C1107131�1
PQOed M137 � M138
EXHIBIT "A" - to Special Warranty Deed
° rthur Surveying Co., I nc.
��savior�a.t �.�aa ssxs-v�e,yo�c-s
P.O. Hox 54 � Lewi,�ville, Texss 75067
Offcc: (972) 221-9439 --- Fax: (972) 221-4675
THENCE over and across said Nelms Tract I, with said curve to the left, through a central engle of 43 degrees 33
minu�s 22 seconds, whose chord bears North 66 degrees 14 minutes 21 seconds East at 92.75 feet, having an arc
length of 95.02 fat to a 1� inch iron rod with yellow cap stamped "ASC" set for th� beginning of a curve to the
right, having a radius of ] 06.00 feet;
THENCE over and across said Nelms 'Itact I, with said curve to the right, through a central angle of 13 degrees 34
minutes 20 seconds, whose chord bears North 30 degrees S6 minutes 26 seconds East at 261.38 feet, having an arc
length of 261.99 feet to a t/2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms Tract I, a distance of 160.39
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the laft,
having a radius of 109.42 feet;
THLNCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 38 degrees 56
minutes 51 seconds, whose chord bears North 18 degrees l 5 minutes 10 seconds Ea�t at 72.96 feet, having an arc
langth of 74.38 feet to a 1R inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the
right, having a radius of 129.21 feet;
THENCE over and across said Nelms Tract I, with said curve to the right, through a central angla of 38 degrees 33
minutes 48 seconds, whose chord bears North 18 degrees 26 minutes 43 seconds East at 85.33 feet, having an arc
length of 86.97 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the
left, having a radius of 10.00 feet;
THENCE over and across said Nelms 'CY�act I, with said curve w the left, through a central angle of 90 degirrees OS
minutes 58 seconds, whose chord bears North 07 degrees 14 minutes 26 seconds West at 14.15 feet, having an arc
length of 15.73 feet to a 1/2 inch 'von rod with yellow cap stamped "ASC" set for corner;
Ti�NCE North 52 degrees 22 minutes 26 seconds West, over and across said Nelms Tract I, a distanca of 20.00
feet w a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE North 37 deg�ees 37 minates 34 seconds Eask over and across said Nelms Trad I, a distance of 70.00
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer;
'THENCE South 52 degroes 22 minutes 26 seconds East, over and across said Nelms Trad I, a distance of 20.00
feet to a 112 inch iron rod with yellow cep stnmpcd "ASC" set for the beginning of a curve to the left, having a
radius of lO.Oq feet;
THENCE over end across said Nelms Tract I, with said curve to the left, through a central engle of 89 degnees 53
minutes 58 seconds, whosa ehord bears Notth 82 degras 40 minutes 35 seconds East at 14.13 feet, having an arc
longth of 15.69 fcet to a 1/l inch iron rod with yellow cap stamped "ASC" set for corner;
THENC� North 37 degrees 43 minutes 36 seconds Bast, over and across said Nelms Tract I, a distanca of 20.00
feet W a l!2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 52 degrees 16 minutes 24 seconds East, over and across said Nelms Tract I, a distance of 77.91
feet W a 1/2 inch iroa rod with yellow cap starmped "ASC" set for the beginning of a noa-tangent curve to the left,
having a radius of 920.00 fat;
(continued)
C1107131�41
Paroel M137 Qt M138
EXHIBIT "A" - to Special Warranty Deed
rthur Surv�ying Co., I nc.
Fr+vfessr#o�r .r�,ad ssrx�v+ayoxs
P.O. Hox 54 -- Lewieville, Texas 75067
O�oo: (972) 221-9439 -- Fax: (972) 221-4675
THENCE over end across said Nelms 'IYact I, with said curve to the leR, through a central ax�gle of 32 degrees 32
minutas 30 sxonds, whose chord bears North 19 degrees 08 minuoes 48 seconds East at 515.53 feet, having an arc
length of 522.52 feet to a 1R inch aon rod with yellow cap stamped "ASC" set for comer,
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Nelms Tract I, a distance o£31.69
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer in the north line of said Nelms Tract I and
the south line of said Nelms Tract II;
THENCE North 87 degrees 51 minutes 52 seconds East, with the north line of said Nelms Tract I and the south line
of said Nelms Tract II, a distance of 12.55 feet to a 1/2 inch iron rod with yellow cap stemped "ASC" set for comer;
THENCE North 02 degrees 52 miuutes 33 seconds East, over aad across said Nelms Tract R, a distance of 324.80
feet to a lrl inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract II and
the south line of a remainder of a tract of land descn'bed to Masoa A. Haggard and wife, Wilma Haggard, recorded
in Volume 337� Page 430, D.RD.C.T.;
THENCE North 88 degrees 56 minutes 53 seconds East, with the north lina of said Nelnas Tract II and the south
line of said Haggard tract, a distance of 141.36 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for
corner;
THENCE South 02 degrees 12 minutes 08 seconds West, over and across said Nelms tracts, passing the south line
of said Nelms 'Itact II, continuing on for a distance of 455.65 feet to a 1/2 inch iron rod with yellow cap stamped
"ASC" set for the beginning of a non-tangent curve to t�e right, having a radius of 1082.50 feet;
'THENCE over and across said Nelms Tract I, with said curve to the right, througb a central angle of 28 degree 13
minutes O1 seconds, whose chord bears South 21 degrees 39 minutes 56 seconds VNest at 527.74 feet, having an arc
length of 533.10 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner,
THENCE South 46 degrees 38 minutes 28 seconds East, over and across said Nelms Tract I, a distance of 218.20
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the right,
having a radius of 445.00 fat;
THENCE over aad across said Nelms Tract I, with said curve to the right, through a central angle of 18 degre� 46
minutes 44 seconds, whose chord beers South 38 degnxs O1 minutos 45 seconds East at 145.20 fe�t, having an arc
lengfh of 145.85 f�eet to a"PK" nail set for comer in Mayhill Road;
'�NCE South 02 degrees 06 minutes 21 seconds West, with Mayhil Road, a distance of 193.36 feet to the
POIIVT OF BEGIIYNING and containing 7.628 acres of land of which 0.153 acres lies within existing Mayhill
Road.
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C1107131-41
Percel M137 dt M13R
EXHIBIT "B" - to S�wc�+����1 Warran�� Deed
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Ifi�ln Nslms - - _ :hw....
Vo1 5192, Pe. 911 �����~ r—
tfaot Q �
Rlohru�d L lireb d� �
Nana� A atrb � � o
Imlr. Na. 2008-100770 �=s0.��� � �
'haot II ,��, z
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I.R.F 1��.� "'
�C':�----__--__ --''C"�C� L�2-~'
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New Dodication 7.475 ac. (325,607 sq. ft.)
Existing Im lied Dedication 0.153 ac. (6,65$ . ft.)
7. Cl'C3 (332,265 sq. ft.)
Parcel M137 & M138
$edn N�lms
Vol 94.92, Pg. �11
'15rao! I
RlaLard A Cr�b k ,�,��"
N�oa7 A Geeb `�`
Iatfs. No. 200A—S00'170 �,��
7Yaot I ��
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300 0 150 a00
SCAI.E: 1" = 300'
Beeringa shown henon based oo the City of
Denton G1S Networic.
NOTFS:
• osI.RS.
• I.R.F. =1/2" Iron Rod Foimd
• cR.s. = tn° Iroo Roa sa with
yellow cap stemped "Arthur
Surveying Comptury"
ca, E�,.�� . � Municipel Use Tmcts.
Na T006-31df'S
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P���� �"��e � � � RoL�rt P. Donn�1U
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a
Donn�117 Addltion 1 `
Cabinet 0, P�e '�
•See pa�e 2!or line dc curve tables•
EXHIBIT "B"
Mayhill Road
Parcel M137 & �138
7.628 Acrea
David Hough Survey,
Abatract Number 646
Cftp oi Denton
Denton County, Tezas
-zo�2-
.
Implied Dedica6on
.
•
All impmvemenq not shown hereon.
Eagements reoorded in Vol. 190, Pgs,
620 dt 622. Vol. 336, Pg¢. 347, 367 &
583. & Vol. 391, Pg 169 do not aPfect
this tract to tha best of my Irnowledga.
Blenlat Easements recorded in Vol.
357. Pg. 45 dt Vol. 357. Pg. 54 ai
assigned in Vol. 2736, Pg. 828
includes this tract
Easement recorded in Vol. 341, Pg.
222 as assigned in Vol. 367, Pg. 242
is centered on a pipeline not
spa;iflcally located.
(;as line ahown was not field verified.
location provided by othe�s.
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rthur Surveying Coy Inc.
P�ado�.l r�a�d S�rv�ryanr
P.O.Hoz b4 — Lawls�llle. T�zu 7'6067
omo.: (s�ra) �i-a�o r.� (�) �si-4e7s
S�ta6Whed lYAe
Page 1 of 2
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 4 00026435
Instrument Number: 2014-26435
Recorded On: March 27, 2014
Parties: NELMS KEVIN
To
Comment:
Warranty Deed
Total Recording;
66.00
66.00
As
Warranty Deed
( 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: 2014-26435
Receipt Number: 1146422
Recorded Date/Time: March 27, 2014 02:20:18P
User / Station: C Robinson - Cash Station 1
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
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THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certliy that thle 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.
'�WYcA�I.�
County Clerk
Denton County, Texas
w����,. � ���� �� �
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
(Landfill Deed)
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That Kevin Nelms, a married man, with the Property (as defined below)
comprising no part of the homestead of he and his wife, and Richard Greb and wife,
Nancy Greb (herein collectively called "Grantor"), for and in consideration of the sum of
TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to
Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal
Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the
receipt and suffciency of which are hereby acknowledged and confessed, has
GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and
CONVEY, unto Grantee all the real property in Denton County, Texas being particularly
described in Exhibits "A-1", "A-2" and "A- Eastern Remainder Tract", respectively, and
depicted in Exhibits "B-1", "B-2" and "B-Eastern Remainder Tract", respectively,
attached hereto and made a part hereof for all purposes, and being located in Denton
County, Texas, together with any and all rights or interests of Grantor in and to adjacent
streets, alleys and rights of way and together with all and singular the improvements and
fixtures thereon and all other rights and appurtenances thereto (collectively, the
"Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining
or other exploration and/or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "other minerals" as utilized herein, shall be in accordance with that set forth
in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of fve hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
1. Easement executed by MASON A. HAGGARD and wife, WILMA M.
HAGGARD to SINCLAIR REFINING COMPANY fled December 18, 1947,
recorded in Volume 341, Page 222, Deed Records of Denton County, Texas.
Assigned to SINCLAIR PIPE LINE COMPANY by instrument filed January 22,
1951, recorded in Volume 367, Page 242, Deed Records of Denton County,
Texas.
2. Easement executed by G. H. BRAMMER and wife, RONDEAU E. BRAMMER
to SINCLAIR REFINING COMPANY filed December 18, 1947, recorded in
Page 2 of 5
Volume 341, Page 202, Deed Records of Denton County, Texas. Assigned to
SINCLAIR PIPE LINE COMPANY by instrument filed January 22, 1951,
recorded in Volume 367, Page 242, Deed Records of Denton County, Texas.
3. Easement executed by MARY FRANCES MALLOW FULTON to BRAZOS
ELECTRIC POWER COOPERATIVE, INC., fled May 16, 1985, recorded in
Volume 1636, Page 436, Real Property Records of Denton County, Texas; as
shown on survey dated September 25, 2012, prepared by John M. Russell, RPLS
#5305 as to 2.151 acres and as shown on survey dated October 5, 2012, prepared
by John M. Russell, RPLS #5305 as to 7.628 acres and as shown on survey dated
March 6, 2014, prepared by Douglas L. Arthur, RPLS#4357 as to 1.050 acres)
4. Right-of-Way Easement executed by KEVIN NELMS to NGG GATHERING
COMPANY LLC, iiled March 27, 2006, recorded under CC#2006-34815, Real
Property Records of Denton County, Texas; as shown on survey dated September
25, 2012, prepared by John M. Russell, RPLS#5305 as to 0.159 acres, as shown
on survey dated October 5, 2012, prepared by John M. Russell, RPLS #5305 as to
7.628 acres; as shown on survey dated December 5, 2012, prepared by Douglas L.
Arthur, RPLS #4357 as to 0.125 acres and as shown on survey dated September
25, 2012, prepared by John M. Russell, RPLS #5305 as to 2.151 acres.
5. Mineral lease granted by MASON A. HAGGARD and wife, WILMA M.
HAGGARD to STANDARD OIL COMPANY OF TEXAS described in
instrument filed July 10, 1957, recorded in Volume 430, Page 508, Deed Records
of Denton County, Texas.
6. Undivided interest in Oil, Gas and other Minerals reserved in deed from KEVIN
NELMS to RICHARD GREB and wife, NANCY GREB filed August 16, 2006,
recorded under CC#2006-100770, Real Property Records of Denton County,
Texas.
7. Mineral lease granted by AETNA LIFE INSURANCE COMPANY to
STANDARD OIL COMPANY fled August 5, 1957, recorded in Volume 431,
Page 244, Deed Records of Denton County, Texas.
8. Undivided '/z interest in Oil, Gas and other Minerals reserved in deed from
AETNA LIFE INSURANCE COMPANY to MARY MCCOLLOM fled October
3, 1939, recorded in Volume 278, Page 376, Deed Records of Denton County,
Texas.
Grantor hereby assigns, without recourse or representation, to Grantee, any and all claims
and causes of action that Grantor may have for or related to any defects in, or injury to,
the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
Page 3 of 5
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees,
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through or
under Grantor, but not otherwise.
EXECUTED the ��� �� �i a� � �" � � � �, 2014.
--._. ..... .... .....
KEVIN u`��"a�.r�� � �� �
THE STATE OF TEXAS
COUNTY OF DENTON
��
�
RICHARD GREB
NANCY GREB
ACKNOWLEDGMENT
This instrument was acknowledged before me on w� �_______J , 2014 by
Kevin Nelms.
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EXHIBIT "A-1" - to Special Warranty Deed
rthur Surveying Co., I nc.
F�£rs�:ozea.t .L�aua s'ux-v+e,y+ars
P.O. Hox 54 --- Lewiaville, Texas 75067
OY�ico: (972) 221-9439 --- Fax: (972) 221ft675
MUNICIPAL USE TRACT
2.151 Acres
City of Denton, Denton County, Teass
BEING all that certsin lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denwn County, Texas, and being part of Tracts I and II as described by deed to Kevin Nelms, Recorded in
Volume 3432, Pago 911, Deed Records, Denton County, Texas (D.RD.C.T.), end being more pa�ticularly described
as follows:
BEGINNING at a"PK" nail set in Mayhill Road for the northeast corner of said Nelms Tract II snd tha southeast
comer of a remainder of a tract of land described by deed W Mason A. Haggard and wife, Wilma Haggard, recorded
in Volume 337, Pago 430, D.RD.C.T.;
THENCE South 02 degroes 06 minutes 21 s�onds VI/est, with Mayhill Road, paasing th� south line of said Nelms
Tract II and the north line of said Nelms TYact I, continuing on for a disbanee of 1212.24 feet to a"PK" nail set in
Mayhill Road for the beginning of a non-tangent curve to the left, having a radius of 445.00 feet;
TI�NCE over and across said Nelms 'IYact I� with said cmrve to the left� through a central angle of 16 degrees 47
minutes 4S seconds, whose chord bears North 37 degreas 02 minutes LS soconds West at 129.98 feet, having en erc
leugth of 130.45 feet to a 1/`l inch iron rod with yellow cap stamped "Aithur Surveying Company" (ASC) set for
comar;
THENCE North 02 degees 12 minutes 08 secands East, over and across said Nelms tracts, passing the north line of
said Nelms Tract I and the south line of said Nelms Tract II, continuing on for a distance of 1107.01 feet to a 1R
inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract II and the south
line of said Haggard tract;
TI�NCE North 88 degrees 56 minutes 53 seconds East, with the north 13ne of said Nelms Tract [I and tha south
lino of said Haggard �act, a distance of 80.31 feet to the POINT OF BEGINNING and containing 2.151 acros of
land of whIch 0.904 acres lie within existing Mayhill Road.
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cuo�iai�i
Puod M137 � M138-MUT
EXHIBIT "B-1" - to � �+���,�
lfuon A �.rd � r.Pi:,F
wif�, 1NIma Ay�ard
Volume 997. 490
(remasni� �,��r N88°56'S3"E �
t�r ,� 8031"`� �
Ksvla Nelm� � _ �, �, �, �, .�,.- �m.
Vo1 8�32, PQ. 911 �����
Tnc! II i
Rlohard A Gnb dc � �
Ns�� L artb � I
In�lr. No. Y006-100770 �� � 1
TracE II pi �
���`�f"'� N�"
I.R.F. ��� �� � �,
(c.��� ����..�� .�__�
���_�.���. ,.
New F��ar��c�� �is� A.�"'r� �, Q�"�,���p �c�, aa�E..� c
Existing �apli�d �,7��i�.t�rr� �.����cv ( 5���� �q» �t� �
Gas Easement 0.384 ac. 16.717 . ft.) + "
2. 51 Acres (93,�01 sq. ft.) �
Mnnfcipal Use Tract , �
�� �
lGvin NelYm
VoL 9�f!, Pr. 911 �� ��" �� �+
�e t �,� �
tao�a � a�e e� �' � "�
t�o� e. a�b � ��
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��rs "�r�C 2
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GDfne! X � �6 ��� Volum��m�fad�r) �
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c� aas.00' 130.as� ��4r�s^ �roz��s^w �a�.�s�
Municipal Use Tract
2.151 Acrea
David Hough 3urvep,
Abstract Nwnber 648
City of Denton
Denton County, Teaas
- 20�2 -
Warrantv Deed
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W a�4
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Car EaHm�n!
Na 200Q-JIEfS
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3� � �5� 3tN}
SCALE: 1" � 300'
Beuinga s6ovm haeon bated on tho City of
Denton C3IS Nctwak.
�r
�r
� � ���
ImpHed Dedication
�
�.�._.,.„.��2 �'�i�
P 9��+�
� �P Set aA
NOTES:
• o � r.x.s.
• I.RF. =1R" Iron R,od Pound
• I.R.S. = lI1" Iron Rod Set with
yellow cap stemped "Anhur
Siuveying Company"
• All improvemenb aot shown herooa
• Faeemenia ncorded in Vo1.190. Pgs.
620 & 622. Vol. 336, Pga. 347, 367 dt
383, & Vol. 391. Pg.169 do not affect
this kx�x to the beat of my Imowledge.
• Blsnket Easeme� reoorded in Vol.
357, Pg. 45 & Vol. 357, Pg. 54 ac
assi�ned 'm Vol. 2736, Pg. 828
includee this tract.
• Eaaement recorded in Vol. 341, Pg
222 dt suigned in Vol. 367, Pg. 242
is cantaed on a pipeline not
epecifically loceted.
�0,�
���.�:
�e. o.ed�a m.� �..n, oa�a b ne.
E�oaar(Q.F. Nn IU26l1 ! 1Qt6l7) ��
�p�� �� ��
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b d�` &diqpqW' .. I�, atq bamdOi'
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.. �.�IC'M�pW�'�'IV�A1kt'd
� � �
rthur Surveying Coy Inc.
�,�r�rr.��
P.0.8oz 54 — Lswlsvllle. Tezas 7SOby
ornoe: (ara) �xi-�s� � (�ra) mai-�rs
s,c.bv,nea i�ee
EXHIBIT "A-2" - to Special Warranty Deed
°rv� '� � rthur Surveying Co., I nc.
�rot'essional �,and Sus-veyors
P.O. Box 54 -- Lewiaville, Texsa 75067
Oi�ce: (972) 221-9439 -� FAx: (972) 221-4675
MUNICIPAL USE TRACT
0.125 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of Tract I as described by deed to Kevin Nelms, Recorded in Volume
3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as
follows:
COMMENCING at a"PK" nail set in Mayhill Road for the southeast corner of said Nelms tract and the northeast
corner of a right-of-way dedication as shown on Providence Place II, an addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas;
THENCE South 88 degrees O1 minutes 21 seconds West, with the south line of said Nelms tract and the north line
of said right-of-way dedication, a distance of 28.98 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (ASC) set for the POINT OF BEGINNING;
THENCE South 88 degrees O 1 minutes 21 seconds West, with the south line of said Nelms tract and the north line
of said Providence Place addition, a distance of 53.79 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set
for corner;
THENCE North 02 degrees 12 minutes 08 seconds East, over and across said Nelms tract, a distance of 161.30 feet
to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner at the beginning of a non-tangent curve to the
right, having a radius of 355.00 feet;
THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 27 degrees OS
minutes 13 seconds, whose chord bears South 16 degrees 37 minutes 15 seconds East at 166.27 feet, an arc length of
167.83 feet to the POINT OF BEGINNING and containing 0.125 acre of land.
C1107131�1
Parcel M137 & M138-MUT2
�'�v
�2�
EXHIBIT "B-2" - to ����ial�Warranty Deed
1[aeon A Ha�nrd k
wlfa� llilma HaQQard
Volume 387, Page 430
(remainder)
ea���lPrM�
r�v,�� ,
Kevin Nelme � .., „M, .�.�. „„ „, �, .�.
VoL 3432, Pg. BIL
TraoE II Y
A
Rlcherd A. Greb de � �
Neaoy A Greb �---�
lnotr. No. 2008-100770 �oN �
'h�act II ��'�"�r`�� W � \ �
P,�i.F": �f �
���•��--------- ��a� __ �----- _.....
� �
�W
I.R.f"; No
. cp
� � ��
Y �" Zrn
�p
\ \ r
i ��
\ � \,/ �s��
�
.y, ��
Cs" � t
Kevin Nelme 6 �� a� A�
VoL 3432, PQ. Bll ���' r� � �
Treot I
��,� �, � �r..
Rlchnrd A Greb dc ��"� �" ^ -
Nnnoy A areb .�� � Y
Inetr. No. 2008-l00770
Trao! I �'�� ��p �a^r�'� �,.�...n
���� '��� ,,�„�.,....-.. \
�..,����� �
��� New Municipal Use (�.tl?� ac. (3,202 sq. ft.) �` �
'� ``M.,
�.�'�� Gas Easement 0.051 aa (2,222 sq. ft.)
�a��r� 0.125 Acres (s,424 sq. ft.) �
��� Municipal Use � r,��t 2 �
� � a� f�$, � �a� �
s �� ' �! ���"
�¢ � ����
� � � L � � °"^^.LL�"�' axi��t-q : �,.�. �...�,.- «� �. � •-'-
5/8" I.R.F. ��. _ _ � � � �- ~ °� � � _ _�"�"�
(C.M.)
�` ��_ .„�
Provldence Place A � �
Cebinet X PnBe 606 � � � � � �
Donnelly Addittoa
Cabtnet 0, Page 77 - ���
.."""---...""�"°� #
L3
�
Wa
v
a
�
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p
N
300 0 150 �300
SCALE: 1" = 300'
Bearings shown hereon based on the City of
Denton GIS Network.
I'S' cos Eoaement
rt�. No. 2008-34815
°-_ �P�" qrax�� E'i��r��
�+�a��r Eaaerr��nt
�,�a�ra '�� 3�� l�a�,� 4;�C�
Proposed Municipal
Use Tractl
�
■
7i°ii
LIIVE �"�k..F.�L,� RoberE P. Donnallq
Volume 3384, Pa e B06
Ll S88°Ol'21 "W 28.98' � (rematader�
L2 S88°Ol'21"W 53,79'
L3 NO2°l2'OS"E 161.30' ,
�����' ���
# Radius I.en ' Delta Chor�
Cl 3SS.00' 1b7.83' 27°OS'13" ,' S16°37'15"E 166.27'
Municipal Use Tract
0.125 Acre
David Hough Survep�
Abstract Number 646
City of Denton
Denton Countp, Texas
-- 2012 --
NOTES:
• o=I.R.S.
• I.R.F. = 1/2" Iron Rod Found
• I.R.S. = l/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Easements recorded in Vol. 190, Pgs.
620 & 622, Vol. 336, Pgs. 347, 367 &
583, & Vol. 391, Pg. 169 do not affect
this tract to the best of my knowledge.
• Blanket Easements recorded in Vol.
357, Pg. 45 & Vol. 357, Pg. 54 as
assigned in Vol. 2736, Pg. 828
includes this tract.
• Easement recorded in Vol. 341, Pg.
222 as assigned in Vol. 367, Pg. 242
is centered on a pipeline not
specifically located.
9URV&YORHCaR77FICA7TON:
7La undaslgned dow 6ueby ceAily ro Title
Resowca (O.P. No.102631 � 102632) fLd tLis
��srv�yr� �6q,�y�u.ar7b taar k���'a�d �t�n
larr�p�rdy 1�no9jr� hsrr�r� a�ad iar+��r�„ ndd
da �am ��! at"my lhxna��Pc�lgra. �li�a arro �s� r,�aYli1c
dlacrcp�nclaL ���b. eho+b8'a In ue� 6owd�ry
Une conNcb, mau�cbmmb, oval+PP�B of
Impmvemanb, aeamenn or tlghb of way fhN f
e.w nceo.avl,ed ore�ape m.nowa eaeoa
rthur Surveying Co., Inc.
r.�a s�y�r
P.O.Bos 64 - Lewiavllle, Tezes 76087
Oftice: (972) 221-9439 Faz: (972) 221-4876
Eatabliehed 1998
"A-Eastern Remainder Tract"
�� rthur Surveying Co., I nc.
�rofessioxsaY i,�xd Surveyoxs
P.O. Box 54 -- Lewisville, Te�AS 75067
Ot�ice: (972) 2?1-9439 --- Fax: (97�) 221-4675
EXHISIT "A"
EASTERN REMAINDER TRACT
1.050 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of Tract I described by deed to Kevin Nelms, Recorded in Volume
3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as.
follows:
COMMENCING at a"PK" nail set in Mayhill Road for the southeast comer of said Nelms Tract I and the
northeast comer of a right-of-way dedication as shown on Providence Place II, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County,
Texas;
THENCE North 02 degrees 06 minutes 21 seconds East, with Mayhill Road, a distance of 193.36 feet to a"PK"
Nail set for corner being the beginning of a non-tangent curve to the left, having a radius of 445.00 feet;
THENCE over and across said Nelms tract, with said curve to the left, through a central angle of 16 degrees 47
minutes 45 seconds, whose chord bears North 37 degrees 02 minutes 15 seconds West at 129.98 feet, an arc length
of 130.45 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the
POINT OF BEGINNING;
THENCE over and across said Nelms tract, and continuing with said curve to the left, through a central angle of O1
degees 59 minutes 00 seconds, whose chord bears North 46 degrees 25 minutes 38 seconds West at 15.40 feet, an
arc length of 15.40 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE North 46 degrees 38 minutes 28 seconds West, over and across said Nelms tract, a distance of 218.20 feet
to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner being the beginning of a non-tangent curve to
the left, having a radius of 1082.50 feet;
THENCE over and across said Nelms tract, with said curve to the left, through a central angle of 28 degrees 13
minutes 02 seconds, whose chord bears North 21 degrees 39 minutes 56 seconds East at 527.74 feet, an arc length of
533.11 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THEIVCE South 02 degrees 12 minutes 08 seconds West, over and across said Nelms tract, a distance of 651.36 feet
to the POINT OF BEGINNING and containing 1.050 acre of land. �'
C1107131-55
Parcel M137 & M138
Remainder Trect
"B- Eastern Remainder Tract"
6[asoa A Haggard &
wife� Nllma Hnggnrd
Volume 337, Page 430
(remainder}
a�l;�k�o�-!�
r��� �
Kevin Nelms � ._ ...�_... "^�.��...�„.�
VoL 3432, Pg. 911 �
Tract II ��� ,M �
M
Richerd A Greb & � �g� �
Nancy A. Greb ��
Insts No. 2006-100770 �"'�,� o�se9
TracE II tl mm ���`�� �''�" �r���� �"d�ctetir�
��'J �t 5�;61� ���� �"caavr� �'�r��rmeurd
l.R.F. 1��3�.� � �"�� '��.
vorome N�,�m �
��'� �, � ...�� _ _ ....� � _ ��.�..� �. n� � �� �. .� _ �
� �
I.R.�
��
-�,.� �.
�, �
1.050 Acre �
Eastern Remainder Tract � �
(45,739 sq. ft.) \ �
Kevtn Nelms � � �"�'�' �� �
VoL 3432, Pg. 911 � �
1Yact 1 �
��� � ,
Richard A. Greb & ��� �� �
Nanay A Greb \ ;
Instr. No. 2006-100770 ��,?� � ���„�" i
'lYact I ��� � ��,.,�
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'� °�ta' �4� � � �pgl ��".
pJ$ �9�29e � s��° � �
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s �+^" �2•616 ' t
.�'b� S8 821. �� d. Proposed tw�r�a6�ri,�r�V.„,��
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Providence Place II �
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# Radius Len De1ta Chord
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Cl 445.00' 130.45' 16°47'45" N37°02'15"W 129.98'
���. _.... �
C2 445.00' 15.40' Al°S9'QU" N4b°2S'3$"W 15,40'
. �
C3 1082.50' S33.1 l� 28°13'Q2" N21 °39'Sb"� 527.74'
EXHIB IT "B "
Eastern Remainder Tract
1.050 Acre
David Hough Survey,
Abstract Number 646
City of Denton
Denton County, Texas
— 2014 —
,w �;
N�
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z �
�h"� C�'a���
a�'k
Pa�' Gas Easement
ro:a�a�, No. 2006-34815 300 0 150 300
�
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F��1 �
❑
J
�
�Implied Dedication
�"PK" Nai!
Set
q
`�—��� �� 1"!e"E
I, �,�"Fi"" �Ynr't'A��".��
� ���
SCALE: 1" = 300'
Bearings shown hereon based on the City of
Denton G1S Network.
NOTES:
• o=I.R.S.
• [.R.F. = 1/2" Iron Rod Found
• I.R.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Easements rewrded in Vol. 190, Pgs.
620 & 622, Vol. 336, Pgs. 347, 367 &
583, & Vol. 391, Pg. 169 do not affect
this tract to the best of my knowledge.
• Blanket Easements recorded in Vol.
357, Pg. 45 & Vol. 357, Pg. 54 as
assigned in Vol. 2736, Pg. 828
includes this tract.
• Easement recorded in Vol. 341, Pg.
222 as assigned in Vol. 367, Pg. 242
is centered on a pipeline not
specifically located.
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suxv�YORS cr�c�csrrox:
T3e „aaers;gaed doa hueey caoiry ro rhe aty ot
ikatoq Texa� and Title Raowr:a (OF. No. l02631
� 102632) t6at � auivey wu this �ymede on fLe
grotmd ofthapropaly legally durn'bed heteoa md
e c�ec� ,oa w rhe na� ormy f�owle�., ma�e
are ao rim21a disaep�ctia, aon8iob, aho�gas ia
arm, 6ouadary lloe coatllGS, enaaacbomeab,
averlappiagorimp,ov�emeotv, �enb urrigba or
way rLat 76ave ban advised oPexcq�t as shown
hanon
rthur Surveying Co., Inc.
�r��r �a s�
P.O.Boz 84 – Lew[aville, Tezas 75067
OfCice: (972) 221-9439 FaZ: (972) 221-4678
Established 1986
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
7C1 201 4 00026436
Instrument Number: 2014-26436
As
Recorded On: March 27, 2014 Warranty Deed
Parties: NELMS KEVIN
To
Comment:
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Warranty Deed 74.00
Total Recordingt 74.00
Billable Pages: 13
Number of Pages: 13
"`***"`"`****** DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ********'""'*"'
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number; 2014-26436
Receipt Number: 1146422
Recorded Date/Time: March 27, 2014 02:20:18P
User / Station: C Robinson - Cash Station 1
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
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THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
printed heron, and wae duly RECORDED In the Ofllclal Records of Dentan County, Texas.
�d`�) (-
County Clerk
Denton County, Texas
..w��µ,,.� � ��� °�� � �.��
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.
DRAINAGE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Kevin Nelms, a married man, with the Property (as defined below) comprising no part of
the homestead of he and his wife, and Richard Greb and wife, Nancy Greb (collectively,
"Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration in hand paid by the City of Denton, Texas, receipt 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"),
215 E. McKinney, Denton, Texas 76201, a perpetual drainage easement in, along, over, upon,
under and across the following described property (the "Property"), owned by Grantor, and
situated in Denton County, Texas, located in the David Hough Survey, Abstract No. 646, Denton
County, Texas, to wit:
PROPERTY DESCRIBED IN EXHIBITS "A-1" AND "A-2", RESPECTIVELY,
AND DEPICTED IN EXHIBITS "B-1" AND "B-2", RESPECTIVELY,
EACH ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining drainage, and related drainage facilities and appurtenances, including without
limitation, the right to overflow the Property, in, along, over, upon, under and across said
Property. The rights granted herein shall further include, without limitation, the free and
uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, over, upon,
under and across the Property to Grantee herein, its agents, employees, contractors, workmen
and representatives, for the purposes set forth herein, including without limitation, the making
additions to, improvements on and repairs to said facilities and/or drainage features or grade, or
any part thereof.
This Easement is subject to the following:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of
any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along,
over, upon, under or across the Property by Grantor. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and 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.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property
by Grantor that may impair, damage or destroy the lateral slope established for drainage,
including without limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee
shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may
encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of
shrubs or trees now or hereafter located within or that may overhang upon the Property without
liability to Grantee, including without limitation, the obligation to make further payment to
Grantor.
5. 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 for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall constitute
covenants running with the land and shall be binding upon the Grantor and Grantee, and their
heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
2
� �
� ���,,,£
Witness my hand, this the� �� day of __ �„�� �� , 2014.
I�: � ��"� I � � l�y�v1� _______. ..
RICHARD GREB
NANCY GREB
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was ������������,��:�����'�e�� me �rf.��� ��� "��� w 2014 by Kevin Nelms.
_ .. ____� .
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'� °„` f �"i�� •y u i�;� State of Texas
1> ,
My ce���° �ssion expires: ... .....
,,�
,,
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on rr__r___ mmm„ �_____�„ 2014 by Richard Greb.
Notary Public, State of Texas
My commission expires: _ m
3
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EXHIBIT "A-1" - to Drainage Easement
rthur Surveying Co., I nc.
�r+oaf'eSSiar.�al �,�xd 3�xveyoz s
P.O. Box 54 �- Lewisville, Texes 75067
Offico_ (972) 221-9439 •-- Fax: (972) 221-4675
20' DRAINAGE EASEMENT
0.037 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of Tract I as described by deed to Kevin Nelms; Recorded in Wolume
3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as
follows:
COMMENCING at a"PK" nail set in Mayhill Road for the southeast corner of said Nelms tract and the northe.ast
corner of a right-of-way dedication as shown on Providence Place II, an addition to the City of Denton; Denton
County, Texas, according to the plat thereof recorded in Cabinet X, Page 905,`Plat Records, Denton Caunty, Texas;
THENCE South 88 degrees 01 minutes2l seconds West, with the south line bf said Nelms tract and the north line
of said right-of-way dedication, a distance of 865.78 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (ASC) set for corner;
THENCE North O1 degrees 58 minutes 58 seconds West, over and across said Nel�tns tract, a distance of 8.87 feet to
a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning, ofa non-tangent curve to t�e left; having a
radius of 125.00 feet;
THENCE over and across said Nelms tract, with said curve to the�lefi, thCOUgh a central angle of 43 degrees 33
minutes 22 seconds, whose chord bears North 66 degrees 14 ininutes 21 se:conds East at 92.75 feet, having an arc
length of 95.02 feet to a 1/2 inch iron rod with yellow cap' stamped "ASC" set for tlie beginning of a curve to the
right, having a radius of 1106:00 feet; ,
THENCE over and across said Nelms tract, with said curve to the right, through a cenhal angle of 10 degr�es 41
minutes 20 seconds, whose chord beairs North 29 degrees 29 minutes 56 seconds East at 206.43 feet,:having an arc
length of 206.33 feet to the POTNT OF BEGINNING; ,
THENCE North 52 degrees 16 minutes 24 seconds West, over and across said Nelms tract; a distance of 20:02 feet
to the beginning'of a non-tangent curve to the right, having a radius of 1126:Od feet;
THENCE over and across said Nelms tract, with said curve to the right, t}irough a e�ntral angle of U2 degrees 49
minutes 56 seconds, whose chord bears North 36 degrees 18 minutes 3$ seco'nds Easf at 55.65 feet, having an arc
length of 55.66 feet to a point for corner;
THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms tract, a distanca. of 24.37, feet.
to a point for corner;
THENCE South 52 degrees 16 minutes 24 seconds East, over and aeross said Nelms tract, a distarica of 20:00 feet
to a point for corner;
(continued)
C1107131-41
Parcel M138-DBl
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.
EXHIBIT "A-1" - to Drainage Easement
` rthur Surveying Co., I nc.
�r+ofessional S.as��d S�►,rTr�,�ass
P.O. Box 54 --- Lewisville, Texas 75067
Of�icv: (972) 221-9439 � Fax: (972) 221-4675
THENCE South 37 degrees 43 minutes 36 seconds West, over and across said Nelms tract, a distance of 24.37 feet
to the beginning of a non-tangent curve to the left, having a radius of 1106.00 feef;
THENCE over and across said Nelms tract; with said curve to the left, through a�entral angle of 02 degrees S3.
minutes 00 seconds, whose chord beazs South 36 degrees 17 minutes 06 seconds West at 55.65 feet, having an arc
length of 55.66 feet to the. POINT OF BEGINNING and containing 0.037 acre of land.
C1107131�1
Parcel M138-DEl
�.
� �
, � _ . .. . .. � .. .. . �. .. . � . . .. � _. . ... .. ... �� . .,.,... a � ,a.,.�L,��'t.,tia,w a. u.;,,� b,ti,�Y�s„��'�
� EXHIBIT "B-1" - to Draina �� I+�������������
�
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� �� a �
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za� c� s��ra z�o
SCALE: 1" = 200'
Bearings shown hereon baged on the City of
Dentoa GIS Network.
1l�F
83' W"�---_��._A�,._..�.�_.�..�.�.s.�..a._.
�rare�n�i4,�r AddlEton
W,. �b9�a�i �k, Page 77'
20' Draina�e Easement
0.037 Acres
David Hough Survey,
Abstract Number 646
City of Denton
Denton Countq, Texas
-- 2012 --
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1�dahrr�n� 4�3�„ F"egzr ��
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..�..�_...�..e,. . � _ ...
' Provldenoe Plae ���
�k Cnbinet X, Png
,
� .Itobert P. Donnelly.
� Volum���{�er�° 905
9e
� � e
NOTES:
• I.R.F. =1/2" Tron Rod Found
• T,R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur $urveying Company."
� �li wr�rpr�vea�crwCs ���C �l��aw�ar� P�c�t��ara.
r 1:�.���a���i� r�;�r:���:G1 in �a��, ���� �'�. �r�'� �e �a�'�, Vral. ��6,„ �",�s, �di, :�6'i e� �'�:�, "�"
V�z6. ��II� �"� kfr� �z� ���rt �PC�ct t�zi:� t���l l�s �T�� la�at ���in� �rd�vw���l'��.
� l�qnrt�t �u��ra�+���ts ru�e+nr�iv� ira V'+a�.:357„ ���. �S a� �d"t�i. u�5"�, �?�� 5� �z:� ���m�a�oeV ir�
`��al. �7�6, 'N'�. '�7� hn�lua<'l�� �l�i� A��rect.
� ��s�rrr.a.nt r���a'��d in 4°'r�l �� I, �"�, 2?:� �� ��si����1i t"ra %'nl 3G7, �"y�: ��1� �� c�t���a°ecd
on a pipeline not specifically located.
�r����+��ti�r�,��°��i �'A��t:
't"�a gaa���Ta�jr fa� 7�cla
Ptranaer�'"d�'.F. RN1�, t�iG�� � f�N�d��j fEat�
�uav+sy w� t� si�yr � nn tbes �aa� r�i"�9�v
�evs,p�ly f�iv d�rl�P l'sror�r� �'! [a � edcE
t�n �r�a ir�� rv�m� k��rcwt��, ��s wd�tro
+! i� �!�+"d�, �nam iin Nnq�, i
: m�� ��nn�w, �a�����r. ��r�r� �a`
�, �nm�a a,�� �r�y z�r
�� ��� ���� ��� � ��� ��
rthur Su�veying Co:, Inc.
PY�r�aawl Zand''Satveya�
�,+�.�r�� �� - ��,t�aa���. �r���� �����
,�rr���: (e�r�) ���—�w��� ��: (��) zai-4s7a
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EXHIBIT "A-2" - to Drainage Easement
' rthur Surveying Co,, I ne.
.p�.t-��o��x �,�a s��yo�
P.O. Box 54 � Lawisville, Texa� 75067
Of�ce: (972) 221-9439 � Fax: (972) 221-�1675
EXHIBIT ��A"
50' DRAINAGE EASEMENT
0.159 Acre �
City of Denton, Denton County, Texas
BEING all that certa'vn lot, tract or parcel of land situated in the David. Hough Survey, Abstract Nur�nber 646, City of :
Denton, Denton County, Texas, and being part of Tract I as describeii by deed to Kevin �ielms, Recordad in Volwne
3432, Page 911, Deed Records, Denton County, Texas (D.R.D:C.T.), a�d being more particularly described as
follows:
CQMMENCI�iG at a"PK" nail set in Mayhilt. Road for the southeast corner. of said Nelms tract and the northeast
corner of a right-of-way dedication as shown on Providence Plaee II, an addition to the City o� Denton, Aentbn
County, Texas, according to the plat thereof recorded in Cabinet X, Page 905; Plat RecordS; Denton County, Texas;,
THENCE South 88 degrees O1 minutes 21 seconds West, with the south lirie of said Nelms tract and the north line
of said Providence Place II, a distance of 382.61 feet to the POINT OF BEGINNING;
THENCE South 88 degrees O1 minutes 21 seconds West, continuing with the sauth line of said Nelms tract and tkiie
north line of said Providence Place II; a distance of 66.52 feet to a point for corner;
THENCE North 43 degrees 14 minutes 38 seconds West, over and across said Nelms tract; a distance of 112:01 feet
to the beginning of a non-tangent curve to the right, having a radius of 905.OU feet; .
THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 02 degrees 5.7
minutes 45 seconds, whose chord bears North 36 degrees 14 minutes 44 seconds:at46.79 feet, having an arc length
of 46.79 feet to a point for corner;
THEI�ICE North 37 degrees 43 minutes 36 seconds East, over and across §aid Nelms tract, a distance o�4.05 feet to
a point for corner;
THENCE South 43 degrees 14 minutes 38 seconds East, over and across said Nelms fract, a distance of 165.06'feet
to the POINT OF BEGINNING and containing 0.159 acres of land.
�
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C1107131-01
Parcel M138-DE2
,
.
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1
EXHIBIT "B-2" - to Drainage Easement
�'
N
200 Q 100 200
SCALE: 1" = 2U0'
Bearings shown hereon based on the City of
Denton OIS Nativork.
P,t�'.�":
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W
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z°�
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KeVln NClmt
YoL 9432, Pg. 911
TraoE I
Rlohard A. (ire4 de
Nenoy A f]reb
Imtr. No. 2008-300770
Tradt I
C1
R=905.00' L-=46.79'
��2°ST45"
Chd. N36°14'44"B
46.79'
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112.01'�
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Donnelly Additioa
Cabinei 0. Page 77
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(6;939 sq. ft.)
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Na 2008-3�8f5
,� �'�� cr�t
4'Flk*� ---�..
i ��!`" NOTES:
• I.R.F. a 1/2" Iron Rod Found
�� � • I R"�. w° fl��'" q�r�a� ��a� �c1G' �a�l� y��1'�wr c�aaa ��a�r�a�ctl "Arthur Surveying Companyu
• All ai�r�rr�sv�;�na�.��� a��rC ��i�v��a ��reor�
�� • Eas�a��er�b� r���c�i�� i� '�'ul. I'��, �y��, 4�a�lD c� �2�„ 4`01. 336, Rgs, 347, 367 & 583, 8t :
Vol. 391, Pg. 169 do not affect this tract to the best of my lrnowledge.
" • Blanket Eesements recorded in Vol. 357, Pg: 45 & VoL 357,.Pg. 54 as assigend in
Vol. 2736, Pg. 828 includes tlus Vact:
• Easement recorded: in Vol. 341, Pg: 222 as assigned in Vol,,. 367, Pg: 242 is centeied
on a pipeline not speeifically tbcated.
50' Draina�e Ea�sement
0.159 Acre
David Hough Survep,
Abstract Number 848
.Citp of Denton
Denton County� Tesas
-- 2012 --
���.�a ������.ti ..,rz�. �. � �
��t��c��� ���A"��'��"��r�o�:
'� u�fa;v� � ��y d,a 7YtPa
Rerowces (Q.P, No.1OZ631.@ 1Q2��) �ut �
�ware� w� '� r.�+� ' �a a���ad n�'ad�
" �l�ydn�w�t'dla�tar��a��d'le�arrr�ct,�srel
tn �ho �Wasr af�sy �nemw�a�� thaie ere no �ria�4�7�
i�; ccuaa���r, �Jaar�� C�r P�. D�+Y
ir��+�r�r� ��a�m�, � �r
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n�� �� �r�«r �rr�r � ��u,�� ��..
.
rthur Survey�ng Co., Inc.
Pr,o�edomal Laad 9tui�ayio�
P.O.BoY 64 - Lewlsville, Tezas y�087
Ottice: (972) 221-9439 Faz: (97Z) 221-4876
EstaDli�hed 1988
4
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�
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 4 00026437
Instrument Number: 2014-26437
Recorded On: March 27, 2014
Parties: NELMS KEVIN
To
Comment:
Easement
66.00
Total Recording: 66.00
As
Easement
( 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: 2014-26437
Receipt Number: 1146422
Recorded Date/Time: March 27, 2014 02:20:18P
User / Station: C Robinson - Cash Station 1
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
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THE STATE OF TEXAS }
COUNTY OF DENTON }
I heraby 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 Cou�ty, Texas.
G'��A�Yclull.
County Clerk
Denton County, Texas
AFFIDAVIT OF NON PRODUCTION
The State of Texas
County of Denton
.,...M
� ��' � �� "��, � "���fa,�
Before me, the undersigned authority on this day personally appeared, Kevin Nelms
("Affiant"), who first being by me duly sworn, on Affiant's oath stated the following to be true and
correct:
1. I, the Affiant, have personal knowledge of, and am familiar with, all of that land (the
"Land") described in those certain Mineral Leases described in instruments filed July 10,
1957, recorded in Volume 430, Page 508, Deed Records, Denton County, Texas and filed
August 5, 1957, recorded in Volume 431, Page 244 Deed Records, Denton County, Texas,
respectively.
That, to the best of the knowledge of the undersigned, since I have owned the property,
there was no drilling or production on the Land, the Land was not pooled with other land,
and there has been no payment of royalties or other amounts. There is no evidence of
production of oil, gas, or other minerals on the Land.
AFFIANT
m�_..... �........�.
Kevin Nel��� �. �
ACKNOWLEDGEMENT
The State of �,,��'"�� §
County of, .^�� �,� ��
���� ... �
This instrument was acknowledged before me on ���",w � �.. ,,, 2014 by
Kevin Nelms.
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Nc� ����� �� a�aii�, State of
My Commission Expires:
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 4 00026438
Instrument Number: 2014-26438
Recorded On: March 27, 2014
Parties: NELMS KEVIN
To
Comment:
Affidavit
30.00
Total Recording: 30.00
As
Affidavit
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Billable Pages: 2
Number of Pages: 2
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT *****""******
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2014-26438
Receipt Number: 1146422
Recorded Date/Time; March 27, 2014 02:20:18P
User / Station: C Robinson - Cash Station 1
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
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THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
printed heron, and was duly RECORDED In the OTflclal Records of Denton County, Texas.
C%�A�Yclul�.
County Clerk
Denton County, Texas
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Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 2014 OD026439
Instrument Number: 2014-26439
Recorded On: March 27, 2014
Parties: GREB RICHARD
To
Comment:
Affidavit
30.00
Total Recordin9� 30.00
As
Affidavit
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Billable Pages: 2
Number of Pages: 2
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT **'`******'`'`'`
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2014-26439
Receipt Number: 1146422
Recorded Date/Time: March 27, 2014 02:20:18P
User / Station: C Robinson - Cash Station 1
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
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THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the data/tlme
printed heron, and was duly RECORDED In the Ofllclal Records oT Denton County, Texas.
Ci�.�YduL(-
County Clerk
Denton County, Texas
� ����%/�'rl �;.II
lV
i
DATE : April 14, 2014
GF NO : 102631
. ^Y N o �'� P ^' qd
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����ill�� uuu�����������m� ��u � ��� I��I �p� � �, � �
������� �iii
TO . CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
ATTN: LUANNE OLDHAM
901-A TEXAS STREET
DENTON, Texas 76209
„�� ��� ( ��, �.�m.�� ��u��� ��
�, �eJ �, . �Il�,i � � " �' �^ �..�d, � � �M'�i�:� �4r-...,,,.
RE : Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced �le
as D.HOUGH, Abstract #0646, Tract 2, Denton County, Texas and being commonly known as
MAYHILL ROAD, DENTON, TEXAS 76208 ("Property").
�T-�q,�J �Rtit�.��i�?n:a_i��
J
We are pleased to enclose an Owner's Title Policy No. 103-0-102631 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.
ORIGINAL DOCUMENTS ENCLOSED
Gail Green
Policy Processor
gail@trnt.net
Enclosure
525 Soseth Loop 288 Suite #125 "°` P7�ton, Texas 76205 * C}ffioe (940) 381�i006 * Nietg°o (940) 243-2913 * Fax (940} 89��0121
103-0-102631
OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be 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 "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land.
(d)Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its
inception on or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9.Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown
in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal
bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
TLlAA°loVYl\L`lA9SioL1l.H (b�E�10)
� ... � � , � �� � , �: � �
1 �
Name and Address of Title Insurance Company:
File No.: 102631
Amount of Insurance:
Date of Polfcy:
1. Name of Insured:
$1,481,580.00
March 27, 2014
Policy No.: ] 03-0-102631
T11LL' A7oV101.L�1J VV 11
COMPANY
8111 LBJ Freeway, #1200, Dallas, TX 75251
Policy No.: 103-0-102631
Premium: $9,265.55
CITY OF DENTON, TEXAS, a Texas Hame Rule Municipal Corporation, as to the Fee Simple �
Tracts
CITY OF DENTON, TEXAS, as to the Easement Estate Tracts
2. The estate or interest fn the Land that fs insured by thfs policy is:
FEE SIMPLE (Right of Way Parce17.628 acres and Multiple Use Tract 0.125 acres and Multiple
Use Tract 2.151 acres and Eastern Remainder Tract 1.050 acres)
EASEMENT ESTATE (50' Drainage Easement 0.159 acres and 20' Drainage Easement 0.037
acres)
3. Title is insured as vested in:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation, as ta the Fee Simple
Tracts
CITY OF ]7ENTON, TEXAS, as to the Easement Estate Tracts
4. The Land referred to in this polfcy is described as follows:
Being all those certain lots, tracts ar parcels of land lying and being situated in the David Hough
Survey, Abstract No. 646, City and County of I7enton, Texas, and being more particularly described
an Ea:hibits "A" and "B" attached hereto and made a part hereof for all purposes.
FEE SIMPLE: Mayhill Road Parcel M137 & M138 7.628 acre tract; the Municipal Use Tract
2.151 Acres; the Municipal Use Tract 0.125 Acre and the Eastern Remainder Tract 1.050
Acre
EASEMENT ESTATE: Exhibits A-1 & B-1 and Exhibits A-2 & B-2
File No.: 102631 Page 1 of 3
08 TLTA—T-1 Owner's Policy
7['LTA T-1 OWNER'S POLICY (2/1/]0)
. � . . � �,
1 '
.,
� •' ' ! • . �
Policy No.: 103-0-102631
This policy does nat insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) that arise by reason of the terms and conditions of the leases and easements, if any shown in
Schedule A, and the following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert
specific recording data or delete this exception):
Restrictive covenants filed December 15, 1965, recorded in Volume 531, Page 436, Deed
Recards af Denton Caunty, Texas.
2. Shortages in area. ✓
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public,
corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of inean low tide to the line of vegetation, or the right of
access to that area or easement along and across that area.
Standby fees, taxes and assessments by any taxing authority for the year 2014, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or ownership, but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of
improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters
(The Company must insert matters or delete this exception):
a. Easement executed by MASON A. HAGGARD and wife WILMA M. HAGGARD to SINCLAIlZ
REFINING COMPANY filed December 18, 1947, recorded in Volume 341, Page 222, Deed
Records of Denton County, Texas. Assigned to SINCLAIR PIPE LINE COMPANY by
instrument iiled January 22, 1951, recorded in Volume 367, Page 242, Deed Record of Denton
County, Texas. (Blanket Easement)
b. Easement executed by G.H. BItAMMER and wife, RONDEAU E. BRAMMER to SINCLAIlt
REFINING COMPANY filed December 18, 1947, recorded in Volume 341, Page 202, Deed
Records of Denton County, Texas. Assigned to SINCLAIIZ PIPE LINE COMPANY by
instrument iiled January 22, 1951, recorded in Volume 367, Page 242, Deed Records of Denton
County, Texas. (Blanket Easement)
File No.: 102631 b'age 2 e�f' 3
08 TLTA—T-1 Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10)
Policy No.: 103-0-102631
c. Easement executed by MARY FRANCES MALLOW FULTON to BRAZOS ELECTRIC
POWER COOPERATNE, INC. filed May 16, 1985, recorded in Volume 1636, Page 436, Real
Property Records of Denton County, Texas; as shown on survey dated September 25, 2012,
prepared by John M. Russell, RPLS #5305 as to 2.151 acres and as shown on survey dated
October 5, 2012, prepared by John M. Russell, RPLS #5305 as to 7.628 acres and as shown on
survey dated March 6, 2014, prepared by Douglas L. Arthur, RPLS #4357 as to 1.050 acres)
d. Right-of-Way Easement executed by KEVIN NELMS to NGG GATHERING COMPANY LLC
filed March 27, 2006, recorded under CC#2006-34815, Real Property Records of Denton
County, Texas; as shown on survey dated September 25, 2012, prepared by John M. Russell,
RPLS #5305 as to 0.159 acres; as shown on survey dated October 5, 2012, prepared by John M.
Russell, RPLS #5305 as to 7.628 acres; as shown on survey dated December 5, 2012, prepared
by Douglas L. Arthur, RPLS #4357 as to 0.125 acres and as shown on survey dated September
25, 2012, prepared by John M. Russelll, RPLS #5305 as to 2.151 acres.
e. Undivided interest in Oil, Gas and other Minerals reserved in deed from KEVIN NELMS to
RICHARD GREB and wife NANCY GREB filed August 16, 2006, recorded under CC#2006-
100770, Real Property Records of Denton County, Texas. (Title to said interest not checked
subsequent thereto.)
Undivided '/z interest in Oil, Gas and other Minerals reserved in deed from AETNA LIFE
INSURANCE COMPANY to MARY MCCOLLOM filed October 3, 1939, recorded in Volume
278, Page 376, Deed Records of Denton County, Texas. (Title to said interest not checked
subsequent thereto.)
g. Power lines in place as shown on survey dated October 5, 2012, prepared by John M. Russell,
RPLS #5305 as to 7.628 acres and as shown on survey dated September 25, 2012, prepared by
John M. Russell, RPLS #5305 as to 2.151 acres and as shown on survey dated March 6, 2014,
prepared by Douglas L. Arthur, RPLS #4357 as to 1.050 acres.
h. Mineral Estate and Interest as described in Deed from KEVIN NELMS, a married man, with the
Property (as defined below) comprising no part of the homestead of he and his wife, and
RICHARD GREB AND WIFE, NANCY GREB, to THE CITY OF DENTON, TEXAS, a Texas
Home Rule Municipal Corporation, filed March 27, 2014, recorded under CC# 2014-26435, Real
Property Records of Denton County, Texas. (Title to said interest not checked subsequent •
thereto.) (Affects the Mayhill Road Parcel M137 & M138 7.628 acre tract only)
Mineral Estate and Interest as described in Deed from KEVIN NELMS, a married man, with the
Property (as defined below) comprising no part of the homestead of he and his wife, and
RICHARD GREB AND WIFE, NANCY GREB, to THE CITY OF DENTON, TEXAS, a Texas
Home Rule Municipal Corporation, filed March 27, 2014, recorded under CC# 2014-26436, Real
Property Records of Denton County, Texas. (Title to said interest not checked subsequent
thereto.) (Affects the Municipal Use Tract 2.151 Acres; the Municipal Use Tract 0.125 Acre and
the Eastern Remainder Tract 1.050 Acre only)
j. Terms and Conditions of Drainage Easement from KEVIN NELMS, a married man, with the
Property (as deiined below) comprising no part of the homestead of he and his wife, and
RICHARD GREB AND WIFE, NANCY GREB, to THE CITY OF DENTON, TEXAS, filed
March 27, 2014, recorded under CC# 2014-26437, Real Property Records of Denton County,
Texas. (Affects the Easement Estate tracts only)
File No.: 102631 Page 3 of 3
OS TLTA-T-1 Owner's Policy
TLTA End T-19.3
MINERALS AND SURFACE DAMAGE
MINERALS AND SURFACE DAMAGE ENDORSEMENT (T-19.3)
ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
SERIAL NUMBER 103-�-1 �2631
ISSUED BY
TITLE RESOURCES GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 102631
The Company insures the insured against loss which the insured shall sustain by reason of damage to permanent
buildings located on the Land on or after Date of Policy resulting from the future exercise of any right existing at
Date of Policy to use the surface of the Land for the extraction or development of coal, lignite, oil, gas or other
minerals excepted or excluded on Schedule A, Item 2 or excepted in Schedule B. This endorsement does not insure
against loss resulting from subsidence.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms
and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an
express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the
terms and provisions of the policy and of any prior endorsements.
Countersigned by:
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Order Number: 102631
TLTA End T-19.3
Page 1 of 1
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.
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting or relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(ii) subdivision of land; or
(iii) 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.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying
the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named
Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and
the named Insured are both wholly-owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured
named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the
Company would have had against any predecessor Insured.
(e) "Insured Claimant": an Insured claiming loss or damage.
(� "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured
by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not
modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect
to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the
clerk of the United States District Court for the district where the Land is located.
(j) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or
lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a
contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
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
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
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 therefore, issue to the Insured Claimant or to a subsequent owner,
mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception
for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land
or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of
a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or
other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through
(v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require
as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the
defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions,
the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in
litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured against by this policy. The Company shall
have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any
other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of
those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company
may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The
exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company
exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company
may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the
right, in its sole discretion, to appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action
or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose,
Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized
representative of the Company and to produce for examination, inspection and copying, at such reasonable times
and places as may be designated by the authorized representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these
records in the custody or control of a third party that reasonably pertain to the loss or damage. All information
designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
information or grant permission to secure reasonably necessary information from third parties as required in this
subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under
this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
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°/a, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim
was made by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and
expenses incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right
of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably
diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed
its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to
which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is
executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to
the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and
expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company
to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover
the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured
Claimant shall have recovered its loss.
(b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of
insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation
rights.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to
the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules,
there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy,
any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising
out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less
shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as
distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a
whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance.
Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term
defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is
capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other
form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the
Conditions of this policy.
16. SEVERABILITY.
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in
full force and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the
interpretation, rights, remedies or enforcement of
policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the
law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the
Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
apply its conflicts of laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must
be given to the Company at 8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
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IMPORTANT NOTICE
To obtain information or make a complaint
You may call Title Resources Guaranty
Company's toll-free telephone number for
information or to make a complaint at:
1-800-526-8018
You may also write to Title Resources
Guaranty Company at:
Attention: Claims Department
8111 LBJ Freeway, Suite 1200
Dallas, TX 75251
You may contact the Texas Department of
Insurance to obtain information on
companies, coverages, rights or
complaints at:
1-800-252-3439
You may write the Texas Department of
Insurance:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail:
ConsumerProtection@td i.state.tx. us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning
your premium or about a claim you should
contact the company first. If the dispute is
not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR
POLICY: This notice is for information only
and does not become a part or condition of
the attached document.
28 TAC § 1.601(a)(3)
AVISO IMPORTANTE
Para obtener informacion o para someter
una queja:
Usted puede Ilamar al numero de
telephono gratis de Title Resources
Guaranty Company's para informacion o
para someter una queja al:
1-800-526-8018
Usted tambien puede escribir a Title
Resources Guaranty Company at:
Attention: Claims Department
8111 LBJ Freeway, Suite 1200
Dallas, TX 75251
Puede comunicarse con el Departamento
de Seguros de Texas para obtener
informacion acerca de companias,
coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de
Seguros de Texas:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O
RECLAMOS:
Si tiene una disputa concerniente a su
prima o a un reclamo, debe comunicarse
con la compania primero. Si no se resuelve
la disputa, puede entonces comunicarse
con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA:
Este aviso es solo para proposito de
informacion y no se convierte en parte o
condicion del documento adjunto.
FT (6/2001)
File No.: 102631
TITLE RESOURCES, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
TITLE RESOURCES, LLC. ("TITLE RESOURCES").
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer-reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
FT (6/2001)
File No. 102631
TITLE RESOURCES GUARANTY COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
G.F. Number 102631
IMPORTANT NOTICE
To obtain information or make a complaint:
1. You may contact your title insurance agent at (940) 381-1006.
2. You may call TITLE RESOURCES GUARANTY COMPANY's toll-free telephone number for
information or to make a complaint: (insert underwriter information).
3. You may also write to TITLE RESOURCES GUARANTY COMPANY at (insert underwriter
information).
4. You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at 1-800-252-3439.
5. You may write the Texas Department of Insurance,
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@.tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact the title insurance
agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
1. Puede comunicarse con su agente de seguro de titulo al (940) 381-1006.
2. Usted puede Ilamar al numero de telefono gratis de TITLE RESOURCES GUARANTY COMPANY's
para informacion o para someter una queja al (insert underwriter information).
3. Usted tambien puede escribir a TITLE RESOURCES GUARANTY COMPANY: (insert underwriter
information).
4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de
companias, coberturas, derechos o quejas al: 1-800-252-3439
5. Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://vwvw.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente de seguro de
titulo primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en
parte o condicion del documento adjunto.
(i)