2014-134s:\legal\our documents\ordinances\14\haggard ordinance - ICC f1Ila1.C�OC
ORDINANCE NO. 2014-134
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A PURCHASE AGREEMENT, IN LIEU OF EMINENT DOMAIN, BY AND
BETWEEN THE CITY OF DENTON, TEXAS ("CITY"), AS BUYER, AND WILMA M.
HAGGARD ("OWNER"); AS SELLER, TO ACQUIRE (I) FEE SIMPLE TO A 1.029 ACRE
TRACT (THE "MAYHILL TRACT"); (II) FEE SIMPLE TO A 0.624 ACRE TR.ACT (THE
"LANDFILL TRACT"); AND (III) A SLOPE EASEMENT (HEREIN SO CALLED),
ENCUMBERING A 0.076 ACRE TRACT, EACH AFFECTED TRACT LOCATED IN THE
DAVID HOUGH SURVEY, ABSTR.ACT NUMBER 646, CITY OF DENTON, DENTON
COUNTY, TEXAS, LOCATED GENERALLY IN THE 1900 BLOCK OF SOUTH MAYHILL
ROAD (THE "PROPERTY 1NTERESTS"), FOR (A) AS CONCERNS THE MAYHILL
TRACT AND THE SLOPE EASEMENT, THE PUBLIC USE OF EXPANDING AND
IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; AND (B) AS
CONCERNS THE LANDFILL TRACT, FOR THE PUBLIC USE OF EXPANDING AND
IMPROVING THE CITY OF DENTON LANDFILL, A PERMITTED MUNICIPAL SOLID
WASTE DISPOSAL FACILITY; TO PURCHASE THE PROPERTY INTERESTS FOR THE
PURCHASE PRICE OF TWO HUNDRED TEN THOUSAND AND NO DOLLARS
($210,000.00), AND OTHER CONSIDERATION, AS SET FORTH IN THE PURCHASE
AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART
HEREOF AS EXHIBIT "A", AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an offer to the Owner to purchase the Property
Interests pursuant to Ordinance No. 2013-180, 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 to the Owner to purchase the Property
Interests, pursuant to Ordinance No. 2014-011, passed and approved by the City Council of the
City of Denton on January 7, 2014;
WHEREAS, the City of Denton, through legislative action of the City Council on March
14, 2014, passed and approved Ordinance NO. 2014-072 finding that a public use and necessity
exists to acquire the Property Interests through the exercise of the right of eminent domain;
WHEREAS, Owner has made a counteroffer to the Offer(s) of City; and
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City. The
City Council hereby finds and determines that the acquisition of the Property Interests is
necessary for public use to provide street and roadway expansion, 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 for and
on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of
$210,000.00 and other consideration, plus costs and expenses, all as prescribed in the Purchase
Agreement; and (ii) any other documents necessary for closing the transaction contemplated by
the Purchase Agreement.
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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PASSED AND APPROVED this the ���' day of _"���. '�`��-, 2014.
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MARK A. �I.JT�R.4��7 9 . AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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NOTICE
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THIS PURCHASE AGREEMENT (the "Agreement") is dated � z� ,
2014, but effective as of the date provided below, between Wilma M. Haggard �•��'���a-�� to herein
as "Owner") and the City of Denton, Texas ("City")
WITNESSETH:
WHEREAS, Wilma M. Haggard is 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;
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 tract of land being described in Exhibit "A" and
depicted in Exhibit "B" to that certain Landfill Deed, and other interests as prescribed therein
(the "Landfill 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 Slope Easement (the
"Easernent"), in, along, upon, under, over and across the tract of land being described in Exhibit
"A" and depicted in Exhibit "B" to that certain Slope Easement (the "Easement Lands"), the
Easement being attached hereto as Attachment 3 and made a part hereof, for slope 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 Slope
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 herself, her
heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may
be produced from the Fee Lands. Owner, her 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
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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.
2. As consideration for the granting and conveying of the Property to the City, the City shall pay to
Owner at Closing the sum of Two Hundred Ten Thousand and No/100 Dollars ($210,000.00). The
monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary
Compensation".
3. The Owner shall convey and grant to the City the 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
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,
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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 Easement 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 herself,
her heirs, devisees, successors and assigns, the City, it's officers, employees, elected officials, agents
and contractors from and against any and all claims they may have now or in the future, related to
the herein described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. All real estate ad valorem or similar taxes for the Property, or
any installment of assessments payable in installments which installment is payable in the year of
Closing, shall be prorated to the date of Closing, based upon actual days involved. In connection
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with the proration of real property taxes or installments of assessments, such proration shall be based
upon the assessed valuation and tax rate figures for the year in which the Closing occurs to the extent
the same are available; provided, that in the event that actual figures (whether for the assessed value
of the Property or for the tax rate) for the year of Closing are not available at the Closing Date, the
proration shall be made using figures from the preceding year for the figures which are unavailable
for the year of Closing. The proration shall be final and unnadjustable. The provisions of this
Section 6 shall survive the Closing.. All other typical, custornary and standard closing costs
associated with this transaction shall be paid specifically by the City, except for Owner's attorney's
fees, if any, which shall be paid by Owner.
7. The date on which this Agreement is executed by the City shall be the "Effective Date" of this
Agreement.
8.A. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity to
cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
written notice of such election to City; or (ii) enforce specific performance of this Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
10. From and after the Effective Date of this Agreement, 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
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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. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
O WNER:
Wilma M. Haggard
Phone
Telecopy:
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
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Larry Collister, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 3 82-7923
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deeds or Easement.
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14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands and/or Easement Lands, City may, at its election, terminate this
Agreement at any time prior to Closing.
15. Authority to take any actions that are to be, or may be, taken by City under this Agreement,
including without limitation, adjusting the Closing Date of this Agreement are hereby delegated
by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer
of City, or his designee.
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GEORGE C. CAMPBELL,
CITY MANAGER
Date: ��� � , 2014
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BY: �.�
Date: ���-���____ 2014
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OWNER:
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WILMA M. HAGGx�I2�:�
��t�: � °- � � --� , 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 b.ound 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: „ , 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 1NTEREST IN REAL 1'ROPERTY BEFORE IT TS FILED FOR
REC�RD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPEC�AL WARRA.NTY DEED
(Mayhill Deed)
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY QF DENTON §
That Wilma M. Haggard, a single woman (�aerein called "Grantor"}, for and in
consideration ofthe sunn of TEN AND N4/100 D4L.LARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a.
Texas Home Rule Municipal Cotporation (herein cailed "Graniee"), 21 S E. McKinney,
Denton, Texas 7b201, the receipt and sufficiency of whieh are hereby acknowledged and
confessed, has GRANTED, S�LD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas bein�; 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 adjacenY streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all othex rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation rnade herein, reserves, for herself,
her heirs, devisees, successors and assigns aIl oil, gas and other minerals in, on and under
and that may be produced from the Property. Grantor, her 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 productian of the oil, gas and other m'rnerals reserved
herein, including without limitat'ron, use ox access of Che 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,
etectricity or other utility infrastructure, and/or for subjacent or ]ateral support for any
surface facilities or well bores, or any other infrastructure or improvement of arty kind or
type in connection with or related to the resarved oil, gas and oiher minerals, and/ar
related to the exploration or production of same.
As used herein, the term "other riainerals" shall include oil, gas and aIl associated
hydracarbons and shall exclude (i) all substances that any reasonable extractlon, mining
or other exploration and/or production method, operation, process or procedure would
consume, deplete or desiroy the surface of the 1'roperty; 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. I980).
As used herein, tl�e term "surface of the Property" shall include the area frorn the surface
of fhe earCh to a depth af ftve hundred feet (500') below the surface of the earth at�d all
areas above the surface oithe earth.
Exceptions to conveyance and warranty:
Mineral lease granted by MASON A. HAGGARD and wife, WILMA N.
HAGGARD to STANDARD OIL COMPANY O�' TEXAS described in
instrutnent filed July 10, 1957, recorded in Voiume 430, Page 508, Deed Records
of Denton County Texas.
�asement executed by BEN SULLIVAN ta TEXAS POWER & LIGHT
COMPANY, filed June 2, 1924, recorded in Volume 190, Page 620, Deed
Records of Denton County, Texas.
Easement executed by MASON A. HAGGARD and wife, VVTLMA M.
HAGGARD to SINCLAIR R�FINING COMPANY fled December 18, 1947,
recorded in Volume 341, Page 222, Deed Records of Denion County, Texas.
Assignment to SINCLAIR PTPE LINE COMpANY, fled January 22, 1951,
recorded in Volume 367, Page 242, Deed Records of Denton County, Texas.
Easement executed by M. A.HAGGARD and wife, WILMA HAGGARD to
BRAZOS RIVER TR.A,NSMISSION ELECTRIC COOPERATIVE, 1NC., filed
Oetobex 24, 1949, recorded in Volume 357, Page 54, Deed Records of Denton
Page 2 of 4
County, Texas.
Easeznent executed by WILMA A. HAGGARD to NGG GATHERING
COMPANY, LLC iiled June 1, 2006, recorded under GC# 200b-64790, Real
Property Records of Denton County, Texas.
Grantor hereby assigns, without r�course 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 Graniee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees,
successors and assigns to WARRANT AND FQREVER I�EFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever ]awfully claiming or to claim the same or any part thereoF, by, thraugh or
under Grantor, but not otherwise.
EXECUTED the �� day of„ ����µ; �, 2014.
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W7LMA M, HAGGARD
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY QF DENTON §
This instrument was acknowledged before me on ���""� � � 2014 by
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Wi1ma M. Haggard,
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T�icatd��y l��rl�slic, ������; of [���s ,"�
My commission expires: �mm���
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i'age 3 of 4
Upon Filing Return To:
The City of Dentan-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 4 of 4
Property T� Bills To;
City af Denton Financc Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT "A" - to Specia[ Warranty Deed
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�"'xxa.t'�sszozxc�.Y X�,.. �x�d S�eu-veyvx5
Y.O. .E3oh 54 -• Letvisvill�, 'I'a:�es 75067
ql.Xic:c. (972) 221-9439 •� Fax: (972) 221-4675
EXHIBIT °�A"
MAYHILL ROAD
PARCEL Mi36
1.029 Acres
City o£Dentan, Denton CounEy, Texas
BEINC all ihat certain lot, tract ar parcel of land situated in the David Hough Survey, Abstract Number 646, Gity af
l]eriton, Dentan Countyy A�XG6Sy a»d he3ng. a part of that certain tract of land described by deed to Mason A. H ard
and �vffe, W[inna Haggard, recarded in Volume 337, Page 430, Deed Records, bentan County, Texas, and being
more particularly desc�•ibed as follows:
COMMFNCIIVG at a 1/2 inch iron rod found for corner in the east line of said Haggard tract and the northeast
corner of a tract of land described by deed to IZichard A, Greb and wife, Nancy A. Greb, recorded under Inserument
Nuanber 2006-1{�0770, Offiic9al Public Records, Denron County, Texas (O.k''.R.D.C.T.), and bcing rn the existing
Mayhi[[ Road;
THENCE South 88 dee,,Fees S6 minutes 53 seconds West, w9th the north line of said Greb tract, a distance of $0,31
feet to a 1/2 inch iron rod with yellow ca�� stamped "Arthur Surveying Cotnpany" {ASC) set for t��e POIN"I' OF
BEGINNIN�;
TfHENCB Soutli 88 degrees 56 minutes 53 secpnds West, �vith the north line of said Greb tract, a distance of 135, i 7
feet ta a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THEIVCE Nprth O 1 �legf•ees SU minutes 21 seconds EasY, ovei� and ac�•oss said Ha�ard tract, a distance of 330.$8
feet to a i/2 inch iron rod with yellow cap stamped "ASC" set far comer in the north line of said Haggai•d tract and
the south line of a tract of land described by deed to John Henry Bond, etal., recorded under Cnstrument Number
20Q4-30989, O.P.R.D,C.T.;
THEIYCE North 87 degrees 52 minutes 49 seconds East, with the north line of said F{aggard trac# and the south line
of said Bond tract, a distance of 135.32 feet ta a 1/2 incl� ii•on rad with yellow cap stamped "ASC�� set for corner;
THENC� South O1 de�ees 50 minutes 2] seconds West, aver and across said Haggard traet, a distance of 333.4D
feet to the PQII�T O1F BEG1NNiNG and cantaining I.029 acres af land.
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�° 1.029 Acres
Mason A Haggard & �; �
�ee, Wilma Haggard � Parcel M136
Volume 337, Page 430 �� (�4,839 sq. £t.)
(remalnder} ���
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Iilchard A. Gxeb &
�elfe, Nanay A 6reb
Instr. Na. 20pB-106770
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EXHI� IT "B "
Mayhill Road
ParceZ Ivi136
1.029 Acres
David Hough Survep,
Absiract Number 646
Citp of Denton
Denion County, Texas
-- 2412 --
Warr�u��� Deed
�
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�,.�� �r'�'� 7,iJ� �J Sf�V 1dY0
���y.,
scAC,e: r � � roo�
6earin�s shown her�nn bascd on the City o�°
dcnton G7$ Network.
-7PdeL £aseman!
✓o% 190, Pg. 620
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NO`rES:
+ I.RF, � [rnn Rod �otcnd
• C.i.R.F. = 5/8" lro`t Rod �'ound with
cap stemped "Cocton Surveying".
• I.R.S, ` i!2" lron Rnd Set with
yelloK> cap stamped'°Artltur
3urveyfn� Company°'
s l�It fmproven�ents not sl�own hereon,
• Easement �•ecord�d in Vo[. 33G, Pg,
367 does not affect tltis tract to Uie
best ofmy knowlcd�,c.
• Fas�meiitrecorded in Vol. 30.1, P�.
222 ussi�n�d in Y<al. 367, Pg 242 is
cenlered an a pipe(ine not
specffica[ly (oca(ed.
m Blanket Easemectt rec�xded in Vol.
357, Pg. 54 includes thfs tract.
�.ww�' W'.��r'� „," �, n��w
d�� Y 'Y
' 0•ti� �' " ' ��^(�qr
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e3lt€Jf�t 1�, Jm�
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SErrt O caTdON:
T�e uaddsstgmed doos L ta 75Ug
Re9ouroas (6.A. Nu, 11JQ98} ° e wes
i5ftday�deon�a dofdco Ic
'bed5 8s and�Wa of
my ��, r�� � ao v�b�e at� �
gb0���m � una� -
,�Q'.��or� roV���
e gntsardg.hdofaay e7bavebe�edvnscd
aF pimefiowa�
rthur Surveying Co., �nc.
P�Ofiess,ia.nal r.a.u�l surv�eya�s
, _ __
P.O.Box 84 — I.erriavllle, Tezas 75067
Offioe: (972) 221-9439 Fe�c; (972) 221-4675
Estatbltshed 1988
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 4 00045390
Instrument Number: 2014-45390
Recorded On: May 16, 2014
Parties: HAGGARD WILMA M
To
Comment:
Warranty Deed
Total Recording
50.00
50.00
As
Warranty Deed
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: '"'"
Billable Pages: 7
Number of Pages: 7
************ 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: 2014-45390
Receipt Number: 1164217
Recorded Date/Time: May 16, 2014 02:30:35P
User / Station: D Kitzmiller - Cash Station 2
,�^� � M �� r�� ��"�r
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Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas.
('I�A�Fdul.l
County Clerk
Denton County, Texas
� � � ������� �/ ��.
N�TiCE OF CONFIDENTIALITY RIGHTS: TF Y4U ARE A NATURAL
PERSON, YDU MA,Y REM�VE OR STRXKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS .AN I:NTEREST IN REAL PROPERTY BEFORE TT IS FILED FOR
RECORD 1N THE PUBLIC RECORDS: YOUR SOCIAL SECURIT"Y NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
{Landfill Deed)
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESEN7CS:
COUNTY OF DENTON §
That Wilma M. Haggard, a single woman (herein called "Grantor"}, for and in
consideration of the sum of TEN AND NO/l 00 DOLLARS ($10,00), and other good and
valuable consideration to Grantor in 11and paid by the CTTY OF DENTON, TEXAS, a
Texas Home Rule Municipal Corporation (herein callad "Grantee"), 215 B. McKinney,
Denton, Texas 7�201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVL�YED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in �xhibit "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 tagether with all and singular the improvements and fixtnres
thereon and all other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation oi such reservation made herein, reserves, %r herself,
her heirs, devisees, successors and assigns all oil, gas and other riainerals in, on and under
and that may be produced from the Property. Grantor, her heirs, devisees, successors and
assigns shall not have the right to use ar access the surface of the Property, in any way,
manner or form, in connection with or reIated to the reserved oil, gas, and other mineraIs
and/or related io expioration 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 wel] or dr'tll sites, well bores, whether vertical or any deviation from
vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads,
etectricity or other utility infrastructure, arxd/or for subjacent or lateral support for any
surface facilities or well bares, or any oCher infrastructure or zmpravement of any kind or
type in connection with or related to the reserved oil, gas and other minerals, arzd/or
related to the exploration or production of same.
As used herein, the teran "other minerals" shall include oil, gas aiad a£1 associated
hydrocarbons and shaIl exclude (i) all substances that aiay reasonable extraction, mining
or other exploration and/or production method, operation, process or pracedure would
consume, deplete or destroy the surface of the ProperCy; 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 tertn "other minera]s" as util'rzed herein, shall be in accardance with #hat set forCh
in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area frorn the surface
of the earth to a depth of five hundred feet {500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyanee and warranty:
Mineral lease granted by MASON A. HAGGARD and wife, WILMA N.
HAGGAR.D to STAND.ARD OIL COMPANY OF TEXAS described in
instrument filed July 10, 1957, recorded in Volume 430, Page 508, Deed Records
of Denton County Texas.
Easement executed by BEN SULLIVAN to TEXAS POWER & LIGHT
COMFANY, filed June 2, 1924, recorded in Volume 190, Page 62�, Deed
Records of Denton County, Texas.
Easemenfi 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.
Assignment to SINCLAIR PiPE LINE COMPANY, fited January 22, 1951,
recorded in Volume 3b7, Page 242, Deed Records of Denton County, Texas.
Easexnent executed by M. A.HA.GGARD and wife, WILMA HAGGARD to
Page 2 of 4
BR.A.ZOS RTVER TRANSMISSION ELECTRIC COOPER.A.TNE, iNC., fled
October 24, 1949, recorded in Volume 357, Page 54, Deed Records of Denton
County, Texas.
Easement executed by WILMA A. HAGGARD to NGG GATHERTNG
COMPANY, LLC filed June 1, 20Q6, recorded under CC# 2006-64790, Real
Property Records of Denton County, Texas.
Grantor hereby assigns, without recourse or representation, to Grantee, any and al] claians
and causes of action ihat 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 belqnging unto Gxantee and Grantee's successors
and assigras forever; and Grantor does hereby bind Gxantor and Gxan�or's heirs, devisees,
successors and assigns to WARRANT AND FOREV�R DEFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming ox to claim the same or any part thereof, by; through or
under Grantor, but not otherwise.
EXECUTED the ��°������� ���� � 2014.
� day of,..�.,�:� ,.
... �� � ��
� f�r .' �' � ,� ✓ �::_ ��"f.., ",�r��, ,�� :f{�'`u C , � %>',�
"t���,M���1 M. I..��t�,����I�
ACKN�WLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on �,����,. ������, 2014 by
Wi1ma M, Haggard. ���
��
Notar Publ � � ���� ����
� ae� . ic, '�C��:�� ��� ,� �: m
My commzssioa� ���ais����`
���,����������,.���������,�,���.������,��,�,�..��
Page3 of4 {�'���,. Marlha [3uslcy �
� ,�� � Commission Expires �,
���� i i-ia-2oi�
�,�.��,���.��.���,���.,�,,�.��.���;�
Upon Filing Return To:
The City oiDenton-�ngineering
Attn; Paul Williamson
901-A Texas Street
Denton, Texas 76249
Page 4 of 4
Property Tax Bills To;
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
i � e i ,
� � ' � �
���. �� t r rveyl o., c.
�"xzc�.�"csszcfn� .�.r.auc3' ��x-�sr�.�raxs
T'.O. F3o1 54 �- T,cwasvilie, Tctias 75067
C�EI+oc: (�i2) 221-4439 �-- Frdx,: (97') 2^91-4G75
i
� , � �
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�,, 1 � ' . �i: 1 �' .• 1 1 .:.... 1 • ... .a
��,'1�!i.: �h�'���,�1 c.`�rt�axa 9c��, �rr��1. a�a• �a�,c�'�r�fl �al' 1�ts'�t� situated in the david 1-[ough Survey, Abstract Nuinber 64b, City of
V��;t'���a�s, ���ra�,�a�� C;car.wr�[;y, "T"�;���, ;�aro� �+e�yn� ��r�r� ofthat certain tract oi land described by deed to Masan A. Haggard
�u�c9 �i{'�;� wV������� C•T���,��re°r�„ r�r���ccl��� ��� �'�•rlaar���: �3'7, page 43Q Deed Recards, Denton County, Texas, and be'tng
i���cs��� ����1:w���1<^�rq�' �1���.a-uU�� �l �a,� i'a��➢ti�w��b;
BEGINNINC at a I/2 inch iron rod faunc! for carner in the east ]ine of said Haggard tract atid the noi°iheast corner
af a tract of land described by dead to Richard A. Greb and wife, Nancy A. Crreb, reooi•ded under ]nstrument
]Yumber 2006-1 Q0770, Official PubNc k2ecords, Denton County, Texas (O.1'.R.C7.C.T.), and being in tiie existing
Mayhill Road;
THIEI+iC� Suuth 88 degrees 56 �ninutes 53 secands Wes#, with the north line of said Greb traci, a disYance of 80.31
feet to a 1/2 inch iron rod wiYh yellow cap stamped "Arthur Surveyin� Company" (ASC) set %r corne►�;
TI-IENC� Nprth 01 degrees ��� bniwMtb��;� '� 1�ece�a���w East, tsver and act�oss said E�aggard tract, a distance of 333.40
feet to a]/2 inch iron rod wit1� ����Ic�a� �:��ro �R{�msy����� `°ASC" set for corner in tiie nonh line ofsaid Haggat•d tract and
the south ]ine of a tracC of lan�,�� ����w�uV��:�t C�� r������@ ����� John �-Ienry Bond, etal., recorded under fnstrument Number
2004-30489, O.P.k,D.C.'l'.;
THENCE North 87 degrees 52 minutes 49 seconds East, with the north line of said k�aggard tract and the south liue
of szid Bond traci, a distance of 82.76 feet ta a"PK" NaiI set for the northeast corner of said I���„ard iract and the
southeast camer of'said Bond tract, same �aint being in the existing Mttyhill Raad;
TH�IVCE South Q2 degrees [4 minutes 30 secands West, with the east ]ine of said FIaggard tract, and wiah the
existing Mayhill Road, a distance of335.07 feet to the POI1�T OF SEGINNING And containing 0.624 acres of
land, of whicli 0.230 acres lie within thc existing Mayhill Road.
��
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C110713I-27
Yarcel M136
Municipai Use Tract
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_ �w`�i�'�" �
EX H I Bl T" B" - to Speci al W ar ranty Deed
��� ��� �
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��"� ����� ,r��,v� �t�r4u� ���, ��atl
"� �� ����,� u�� �rd�� � �����
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����������
�
�,�.,«,.�....�......,.�.,�..�...m�,»�... �...�,......«...�.,..�..�.--.
.,,,._. � �.�e�
...p_._,._ ....... � ,�..._. fl 1 �°�aa �... ,
crr�nrrotnrsk � a
! Bn��P.r. hlr�. r.'"�NP:Ma�^-��dTfl�'
� (��.ii�1'S sq. lC.} ��
�
New Municipal IJse °f'ract 0.279 ac. (12,1�9 sy. R.} �
Existing Implied Dedica(ion 0.230 ac. (] 0,042 sq. ft.)
Gas Casement 0. L 15 ac. �:a,��CY� �a:�. ft.) i
�U,f�;�� �;.�'�"ti'.� (27,196 sq. ft.) '°
Municipal Use Tract
I �� �
����z� �. ��:��as^e� d� i "�;5�`� �r
wz��, Nl��s�z� �i���a��•ei ���y�� ;�.
V�ltlna^x� ��;+, F����; R�0.7 . �
�ra.wrr�afcbd�rrr,� ��* t �
�.��� � : =
���� p "
��,^�y *��"�k������,` 7='wc+�rrr•ge�rf Porcel M738 �
f� ��. � �r
� �*,�"i�� � �.�.�,..
�R�.,��..ti ��"w� ,.,*..,..-_..—�.µ...-.�w e..Mwww�. ..,i...�..«wW��.�-�
��� �
��
Richard A Grab &
wlte, Nancy p. GYe6
Instr. No. 2008-100770
EXHIB IT "B "
�unicipal Use Tract
0.624 Acres
D�vid Hough Survey,
Abstract Number 646
City oi Denton
Denton County, Texas
-- 2b'i 2 --
82.
80,31'"
3
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ro
M�
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C.7. R.F,
N.R,F. g �
f
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o �p
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a ��i
M ��
��
,d.���. �"+fat!
�;e�t
Exfstlnq Fence
—mm7PQrL £osamant
va. rso, a9 s2o
�:
�+
•;:
4
.`
SCAY.E: 1"= 100'
6carings sl�ow,t ltereon based on the Ciry of
Deslton 0%S h�etwork.
NOTE5:
• I.R.F. = fro]i Rod Found
• C.1.R.F. � 5/8" Iron Rad Found willt
cap stemped "Cotton Surveyiaig'°.
• 1.R.S. = 1/2" lron Itod Set with
yelluw c:ap stamped "Arthur
Surveyin� Company"
• Al( improvements not shown herson.
• Eascmcntrccordcd in Vol 336, Pg.
367 does not affect this tracc to tlte
best ofmy know<ledge.
• Basementrecorded in Vol. 3d1, I'g.
222 assigned in Vol. 367, Pg 242 fs
ceutered ou a pipe]ine not
specificdlly ]ocated.
o gla��ket Easernent recorded in Vol.
357, Pg. 54 includes this tract.
�
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BURWRYOR6 CER77FICA'ITON;
7La imderri8¢ad does Lercby oatit� w T1t1E
Rasoums (QF. Nw J2l698) t6et �Lls sim�ay was
thle dey mede an ohe gmund oft6epropaty IcgaUy
deBCribed heroon end ie comacf, md ao ihe bas[oF
�yy lmowtedga ihm'e ue ao vfslbfe discrepnnaos,
aoafllcb, ehoringu iw azea, 6otwdey 1[aa copfHcte,
a�eroaehmemm, ovalapplpg oFimprovemeces,
easemmis oY�gL[s oftvqytLatf Leve been edvlud
afucept es ehown 5eram.
rthur Surveying Co,, Inc.
Fi�of+as�fonal Liend Survreyoss
P.0.6ox 54 — Le�vieville, Tasas 75067
Offioe: (972) 22i-9439 Faa: (972) 221-4876
Eatatblished 1888
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 4 00045391
Instrument Number: 2014-45391
Recorded On: May 16, 2014
Parties: HAGGARD WILMA M
To
Comment:
Warranty Deed
Total Recording:
50.00
50.00
As
Warranty Deed
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Billable Pages: 7
Number of Pages: 7
************ 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: 2014-45391
Receipt Number: 1164217
Recorded Date/Time: May 16, 2014 02:30:35P
User / Station: D Kitzmiller - Cash Station 2
Record and Return To:
TITLE RESOURCES
WILL CALL
DENTON TX 76202
� "��^ �
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Y���E ��u�;
����
.'�� ���,;g���
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the date/tlme
printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas.
�+�-
County Clerk
Denton County, Texas
���� �������� ��� ��
NOTICE OF CONFTUENTIALITY RIGHTS: rF YOU ARE A NATURAL PERSON,
YOU MAY REM4VE OR STRTKE ANY OR ALL OF THE FOLLQWING
INFORMATTON FROM ANY TNSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PRQPERTY BEFORE IT IS FILED FQR RECORD IN THE PUBLIC RECORDS:
YOUR SOC�AL SECURITY NUMBER OR YOUR DRIVER'S LTCENSE NUMBER.
THE STATE OF 'i'�XAS
COUNTY OF DENTON
SLOPE EASEMENT
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT Wilma M. Haggard, a single woman ("Grantor"), in consideration of the surn of Ten and
No/100 Dol}ars {$10.00} and other good and valuable cansideration in hand paid by the City of
Denton, Texas, receipt and suffciency of which is hereby acknowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SEI,L
and C4NVEY unto the City of Denton, Texas ("Grantee") a perpetual slope easement in, along,
upan, under, over and ac��oss the following described property (the "Properiy"), owned by
Grantor, and situated in Denton County, Texas, located in the David �-Iou�h Survey, Abstract
Number 646, to wit:
PROPERTY DESCRIBED IN EXHIBIT °`A" .AND DEPICTED IN EXHIBIT "B",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and pezpetually
maintaining lateral slope in, along, upon, under, over and across said Property, including without
limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at afl
times in, along, upon, under, over and across the Property to Grantee herein, its agents,
employees, contractors, workmen and representatives, for tk�e purposes set forth herein, including
without iimitation, the making additions to, improvements on and repairs to said laterai slope
featuras or grade, or any part thereof
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the ProperCy by Grantor. Further, Grantor stipulates
and acknowledges that the Grantee, in consideration of the benefits above set out, naay alter the
grade of the Property and may remove from the Property, such buildings, fences, structures,
signs, iacilities, izrxproveanents and other obstructions as may now or hereafter be found upon
said Propert� and dispose of aziy sucIa buildiungs, fences, structures, signs, facilities,
inaprovements or obstructions in any manner it dee�ns appropriate without liability to Grantee.
2. Maintenance of Latera] Slope. No activity, of any kind, shali be conducted nn the
Propetiy by Grantor that may i�npair, damage or destroy the lateral slope, 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 shail have access to the Property by way of existing public property or right-of-way,
4. Trees and Landscaping. No shrub or iree shall be planted upon the Property or
that may encroach upon the ProperCy, Grantee may cut, triin, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located withiza or that may encroach or overhan.g
upon the Proper�y without Iiability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor s�iall have the right, subject to ihe covenants and
restrictions contained herein, to make use of the Property for any purpose that does not anterfere
with the City's rights granted to it herein fox the purposes granted.
6. Successors and Assigns, This grant and the provisions contained herein shal]
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
T� HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid %r the purposes
aforesaid the prei�ise above described.
Witness my hand, this the ��� day of mmm_n.,����°' � 2014.
Grantor:
�, .
� r'., _..,,�...`�' ' ���.�rl '" ,'�� ��.�r�,��:::..��...�__.
WILMA M. HAGGARD �
2
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrurr►ent was acicnowledged before me on _„� , 20]4 by Wilma
M. Haggard.
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Notary Public, in and for the State of�"�° `�� �.�
Tvly Commission Expires:
���,��,����,��� �.�����.��»���,,,�.�.�:
��`" �; Martha Bosley �
,.
�r� �'� ,���" Commission Expires ��
'� �'�,�'�' 1 I -1 �-2017
� ���.�,�����,.�..�.�.�.�,�..� ��..�:
AFTER RECORDING RETURN TO:
City of Denton — Engineering Services
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
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B�[NG ali that certain lot, tract or parce! of land situated in the David Hough Survey, AbstraCt Number 64G, City of
17enton, nenton Cour7ty, Texas, and being a part of that certain tract of ]and described by deed to Mason A. Haggard
gnd wife, Wihna Ha�wa►•d, recorded ir� Volume 337, Page 430, Deed Recoi°ds, Den[an County, Texas, and being
mars pa��ticnlarly descriGed as follows:
COMMENCIN(x at a 1/2 tnch iron rod found for corner ir7 tl�e east line of said E-iaggard tract and the northeast
corner of a tract of land described by deed to Ricliard A. Greb and wife, Nancy A. Grel�, recorded under Insirurnent
Nurnber 2006-] 007'70, Official Public Records, Denton Cpunty, 'r'exas (O.P.K,D,C.T.), and being in the exisfing
Mayhill Road;
7'IiENCJE South 8$ degrees 56 minules 53 seconds West, with the north line of said Greb tracY, a distauce of 215,48
feet to a]/2 inch iron rod with yellow cap stamped "Arthur Surveyzng Coinpany" (ASC) set far the POiiVT OF
�a�c' �xzri�riiNiiy
THENCE 3outh 88 degr•ees 56 niinutes S3 seconds West, with the nortll line of said Greb tract, a distance of 10,0 f
Peet to a point for corner;
T�iENCIE Narth Ol degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 330.69
feet to a point for corner in the ttorth line of said I-�aggard tract and the south line af a tract of land described by deed
to Jolln Henry 8ond, etal., recorded undcr Cnstrument Numbar 2004-3(39$9, O.P.R.,D.C.'1',;
THENCE North 87 degrees 52 minutes 49 seconds East, �vith the narih line of said �Tnggard tract and the south [ine
ofsaid 13and tract, a distance of 10.02 feet to a l/2 inch iron rod wiih yelfow cap starriped "ASC" set for corner;
THENCE South 01 d�grees SO rtrinutes 2 i seconds West, over a�id across said Haggard tract, a dislance of 330.88
feet to the 1'OINT OF BEGINlY11VG and containing, 0.076 acres of land.
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Parcel M136
Slope Eascmr.nt
EX H I BI T" B" - tn �� Easement
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0.076 Acres
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Masoa A. Haggard & '"� `�' �y�"��� i
wife, Wilma I;aggard �� '�i�� �"�' �
Vvlume 337, Page 490 � y��` �a�'��
(rema7nder) «:a � � � �.;V,""� I
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Richard A. Greb &
wita, Naaoq A Greb
[rustr. Na 2�06-10077Q
EXHIB IT "B "
10' Slope Easement
MayhilI Road Project
0.078 Acres
D�vid Hau�h 5urvey,
Abstract Number fi46
City of Denton
Denton County, Texas
-- 2012 —
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SCALE; 1"= I00'
Dearings shown hereon based on the Crty of
bcntan GiS Network.
Nar�s:
• [.R F. a lron Rod Found
� C.T.R.F. = 5/8" Iron Rod Found �vith
cap stamped "Cotlon Surveying".
• I.R.S. � 1/2" Tron Rod Sct with
yeliow cap stamped "Arthur
Surveying Company"
• All improvemerrts not shown hereon.
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P.O.Bos 54 � LervisviUe, Teaea 76087
OtHee: (972) 221-9439 Faa: (972) 221-4875
Eetatblished 1886
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
�o zo7 a 000aeasz
Instrument Number: 2014-45392
Recorded On: May 16, 2014
Parties: HAGGARD WILMA M
To
Comment:
Easement
46.00
Total Recording: 46.00
As
Easement
( Parties listed above are for Clerks reference only )
** Examined and Charged as Follows: **
Billable Pages: 6
Number of Pages: 6
************ 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: 2014-45392
Receipt Number: 1164217
Recorded Date/Time: May 16, 2014 02:30:35P
User / Station: D Kitzmiller - Cash Station 2
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 OfTlclal Records of Denton County, Texas.
C�.�tr�1l
County Clerk
Denton County, Texas
�;%� ;
,
,
DATE : May 29, 2014
GF NO : 121698
RES�URCES
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TO : CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
LUANNE OLDHAM
901-A TEXAS ST 2ND FLOOR
DENTON, Texas 76201
RE : Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced file
as D. HOUGH, Abstract #646, Tract 1, Denton County, Texas and being commonly known as 1900 S
MAYHILL ROAD, DENTON, TEXAS 76208 ("Property").
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We are pleased to enclose an Owner's Title Policy No. 103-0-121698 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 DOCUMENT ENCLOSED
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Gail Green
Policy Processor
gail@trnt.net
Enclosure
525 South Loop 288 Suite #125 �" Denton, Texas 76205 * Office (940) 381-1006 * Metro (940) 243-2913 ' Fax (940) 898-0121
103-0-121698
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 "encroachmenY' includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land.
(d)Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its
inception on or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9.Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown
in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal
bankruptcy, state insolvency or similar creditors' rights laws; or
(b)because the instrument of transfer vesting Title as shown in Schedule A constitutes a
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
TL1H 1°1 oYil\L`1`95 %oLll.l (L�l�lo)
! :::: � � :� � �� �: � �� � �
1
Name and Address of Title Insurance Company:
Ffle No.: 121698
Amount of Insurance:
1 , • i '' �
1. Name of Insured:
$210,000.00 �
May 16, 2014
Policy No.: 103-0-12 ] 698
TITLE SO CES GU TY
COMPANY
8111 LBJ Freeway, #1200, Dallas, TX 75251
Polfcy No.: 103-0-121698
Premfum: $1,756.60
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (Mayhill Road Right-of-
Way Parcel M136 1.029 acres) (Municipal Use Tract Mayhill Road Project 0.624 acres)
CITY OF DENTON, TEXAS (10' Slope Easement Mayhill Road Project 0.076 acres)
2. The estate or interest in the Land that is insured by this policy is:
FEE SIMPLE (Mayhill Road Right-of-Way Parcel M136 1.029 acres) (Municipal Use Tract
Mayhill Road Project 0.624 acres)
EASEMENT ESTATE (10' Slope Easement Mayhill Road Project 0.076 acres)
3. Title is insured as vested in:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (Mayhill Road Right-of-
Way Parcel M136 1.029 acres) (Municipal Use Tract Mayhill Road Project 0.624 acres)
CITY OF DENTON, TEXAS (10' Slope Easement Mayhill Road Project 0.076 acres)
4. The Land referred to in this policy is described as follows:
:' � � �', '"�.� ' � � ' � I'�
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i i , . � � � � , , i•� • • i ,i;i .r'� . �, . •� � . � �� ,
Fi�e Na,; 121698 Page 1 af 3
0'FL,TA.—"f`-1 ��vr�er's F�calicy
E BIT "A" - to Special Warranty Deed
� � rthur Surveying Co., Inc.
� .�rof�ssz�osxa,.F �d Sr.xz-v��vars
i'.U. k3o�.. S4 -• Lewievillc, Texas 75067
019(icc_ (9'72) 221-9439 •� Pax: (9'72) 221-4575
'�'{ ���' 66A99
MAYHILL ROAD
PARCEL M136
1.024 Acrss
City o� Denton, Deuton County, Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough 5urvey, Abstraet Nur►�ber d46, City of
Denton, Denton County, iexas, aitd being. a part o£that certain tract of land described by daed to Mason A. F-Iaggsrd
and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being
more partrcularly described as follows:
C�MM�NCihTG at a 1/2 inch iron rod found For cornar in the east line of saic3 Haggard tract and the northeast
corner of a tract of land descrlbed by deed to Itichard A, Greb and wife, N&ncy A. Greb, recorded under Instrument
Number 2006-100770, Official I'ublic Records, Denton County, Texas (O.,P.R.D,C.T.), and bcing in the existing
Mayhill Road;
THI�NCE South 88 degrees 5G aninutes 53 seconds West, with the north line of said Greb tract, a distance of 80,31
feet to a]/2 inch iron rod with yeUow cap stamped "Artliur Surveying Cornpany" (ASC) set for t3ie POINx OF
BEGINNiNG;
Ti�IENCE South 88 degrees S6 minutas S3 seconds West, �vith fhe north line of said Greb tract, a distance of 135, i 7
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE North O1 clegrees 50 minutes 21 seconds Bast, ovei• and across said Ha�ard tract, a distance af 330.88
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer in the north ]ine of said Na;gard tract and
the south line of a tract af land described by deed to John 1-ienry Bo��d, etai., recorded under Tnstrument Number
2004-30989, O.P.R.D,C.T.;
THEiYCE North 87 degrees 52 roinutes 49 seconds East, with the north line of said F[aggard tract and the south line
of said Bond tract, a distance of 135.32 feet tn a i/2 incl� iron rod with yellow cap stamped "ASC" set for corner;
THENC� South O 1 degeees 50 minutes 2] seoonds West, over and across said Hag�ard tract, a distance of 333.40
feet to the PO11�IT OF BEGMNNICNG and cantaining 1.029 acres of land.
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C1107131-27
PnrCel M13b
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EXHIBIT "B" -to
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�aeon A FIaggard & ��; � 1�QZ9 Acres
,�tee, w�zm;a Hsggard � Parcel Mi36
�f
Volume 337, Page 43Q��,�� (A4,839 sq, ft,}
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ffichard A. Gr.�b &
�Afe, Neaay A, clreb
Instr. No. 20pB-300770
EXHIBIT "B"
Mayhill Road
Parcel M136
1. U29 Acres
David Hough Surveq,
Abstract Number 646
City of Denton
Deaton Countp� Texas
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���'�{� ��?! SCALE: 1" � 100'
�� Beerings shown hercon b�scd on t1�e City of
Denton G7S Nelwark.
. F,
-��ic �a�ema�e
UoL 19D, Pg. 620
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tvo�rss:
• I.RF. � [rnn Rod Found
• C,I.R.F. = 5/8" lrat Rod Pound with
cep stamped "Cotton Surveying".
• I.R,S, � 1!2" lron Rod Set with
yellow cap stampeQ "Arthur
Surveying Company"
• Ali intprovements not shown hereon.
• Easement recorded in VoI, 33G, Pg,
367 does noi affect Q�is trael to the
besc of my knowledgc.
• Easemeiit recorded in Vol. 341, Pg.
222 ussigned in Vol. 367, Pg. 242 is
cenlered on a pipeline not
specificaliy located.
• Blnnket F_,gsement recoxded in Vol.
357, Pg. 54 includes this tract.
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aSYd� J��azar,��Ma a�aar,�YSaueazP�.d'eh,�.�ZrapuzrtY?c�SEpy.
a�r�t�cui'��.li�c��aa au�'16�� uwaa!emJ', �tf +'� t�i:n b+�ceE, �f..
a��r &eanmv9rd;�, q�apu mr� rav sdmd�tla a£Gr�qcp�s�
�r�e�aa���pisraa�a��+sla�,'iyu lGr�n�ras�Gce�
meoahmenls, ov�lapping ofimprove�mwts,
eacanema arrlyhfa oFaay fEerlLave beea advlscd
ofexeepta eLownhemon.
rthur Surve�ing C�,, Inc.
P�sioaal La�ad survieyars
P.O.Box 64 — I,ewieville, Te�cas 75067
QPfine: (972) 221-9499 Fex: (99E) 221-4876
Estatbliehed 1886
E IBIT "A" - to Speciai Warranty Deed
���� rtl�ur Surveyzng Co.� I nc.
.�xaf�sszoxx�Y.�..�eszd S�x�sr��raxs
T',d. Bo� S4 --• I,c�+visville, �'exas 75067
UEYioc: (972) 221-4439 �� Pei�.: (972) 2: ]-4G75
EXHIBIT "A"
MUNICIPAL U'SE TRACT
0.624 Acres
City oiFDenron, Denton county, Texas
�� ��� ��� ��G�� ���"�{���� ��a�, ��"��� ��� ���a'�"�'�'=I a��' }�troc% situated in the David Hough Survey, Abstract Nu�nber 64b, City of
�-��T��°��> ����tl�<�N� �`��d���a�Y� J�"���, �y��� ��%�r��; a� ���r�' ofthat certain tract of land described by deed to Mason A, Haggard
��'��'' ��"��`�, "�+"?'rr��� �~tl4c y w,�r�, r�c�aQ°c��r� at� V�lur�a� �37, Page 430, Deed Records, Denton County, Texas, and being
�a�acr�� ���rt:oe�s9�r Rw �f�,w�r�•fl�a��� ��, �'�°alB�:a�vr�:
��N±,"�r�1�tV N�'� �t �.k 1/2 araci� ia•csrw z•�a�,i �'�axr�d iti�a�- comer in the east line of said Haggard tract and the northeast corner
��`a� ��r��ci° s�1"l��a� �r�scri���ax ��� �k��¢I t�� �i��rwdtiry,,� A. Greb and wife, Nancy A. Greb, recordad under instrument
:��u'a�'��z "�'d:N���r��f�(i°�70, (.���c;�,:tll l�k�l�l�� S�c.�����r�,�, penton County, Texas (O.P.R.D.C.T.), and bein� in tize exisling
C'��ay��d�� �er��ti;
THENCE South 88 degrees �6 minutes 53 secands West, with the north line of said Greb tract, a distano� of 8Q.3I
feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner;
�"i-�����E�'��M" �t��a��zpa tb I ��.�.���as �(7 ���i��a�C,�� 7 I ���c�ru�� �ast, �v�r �r��c�� ���a t���� ��ti�� �7� �r��•�i �r�r��:�� a distance of 333.40
C"�;rt �� sa ���� i��<.I� ar�an� �m�a,C �vit�u y�� 6����+� �:a�,P�� �t���y��;��, "�ASC"" ;��� C�s�a• �aaA������ �r� klsc� a7��r�t�9a V�r�� ����'�:�aid Haggard tract and
������ ���a�ad� Ynm����� c�Ca ci°��t a�9" ��s�rw� �e.wcr-i�,��,�8 p�y w���G:� t��a John �°��rrtr;y �:§���xoci, ����1., �� �;a��•�im.wal oa�����a� tnstrument Number
���34_�f��?��, �J.�'.V�».�'���"�"�".�
��"���°'�"�?� �'����h, �� cd��r'a a� 5� at�i�r�Gt�;:; ��� s�u�onds Bast, witl� the north iine of said k-Ta�ard tract and the south line
�� '��� �����a� ��"��a� ���a������ a'����� �� �'�'��� q'� �"PIf" �lail set for 1he northeast corner of said I�A�ard tract and the
�x��t�d����s��s� a,����c� ct�"x�Sc1 i��r�� �a°��°��, „��a�rr��: ��aar�t being in the existing Mayhill Raacl;
T����. �r �c�t.��lw �"y� �I��o �c ���^� ra�s���w���„ 30 seeonds West, with the east ]ine of said FIaggard tract, and with the
existima,,� �iz�y#�iDi C�.c��ci, � alr;���a���� t�{'„�� 5.07 fieet to the POINT OF BEGINC�fI1�IG and containing 0.62�4 acres of
land, ar�"M���u�t �iF�:�fi r,u�r�� 9z� u�atl�r"r� t�aa„ existi�g Mayhill Road.
`�a.
.`o �
C1107131-27
Nercel M136
Municipal Use Tract
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,
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EXH I BI T"g'� - ta "�uN Warrantv De�i
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�;���r C��a�s��;u�su� � Is�, 'V°`�^ta��� i�.� J�J a�c, f N�, G�G"� ��. �t.� �
E�;�xis�i�ov� T�a�y�Wu'�:� tl���i�.�����s� �.���Q�a�t��, (��Bti�„��4� �',�. ���.�
�i�� P��,��;���z�m�r C1.k i � �u�. �,:�'„iRd�i �r�. t��p
..�..� ..�..._.��m...�m...�.�_.�..�.
�'��i�� +�&'�"�'�^; (27,196 sq. ft.)
Municipal Use Tract
1 ��'
1 �'6 �
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a
rw��,c, �i��t�a� �'[�g��x�a� sy� �r
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(re+rrr�ad'rrdr�r� ��������,� �, ��
5 �� ���".���+� Propased Poree! M736
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Rlchard A Greb &
wJfa, Naney A Greb
lnstr. No. 2006-100770
EXHIBIT "B"
MunicipaI Use Tract
O.Fi24 Acres
D�vid Hough Survey,
Abstract Number 646
City oi Denton
Denton County, Texas
°2b72--
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C.1.R,F. ��: ^��W�
SCAL�: I " = I00'
Bearings shown liereon besed on the City of
Denton GIS Network.
NdTE$:
• I.R.F. — (ron Rod Found
• C.I,R.F. � 5/8" Iron Rod F'ound with
cap stamped "Cotton Surveyu�g",
• I,R.S. = 1/2" Iron Rod Set �vith
yelluw c:ap stumped'°Arthue
Surveying Company"
• AII improvements not shown hereon.
• Easemenc rccorded in Vol. 336, Pg.
367 daes not affect this iract to thc
best ofmy knave4edge.
• E�ementrecorded in Vol. 3Q1, I'g,
222 assi�ned iu Val. 367, Pg. 242 is
centered ou a pipeline not
specifica]ly localed.
• BPaerkat Easement eecoeded 'an Vol.
357, Pg. 54 includes this trect.
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���+ (d`d'�:�^", iYati. @,�l�Ck5���) tlda�tl� E�ad�s s�way waw
�Gb,fm t1m.y z�ydrie r.n rPye,y�r;x�iaasd �a�"l�,quw�u�C,� d�uuEf�r
aHc�vrr�Cd Anc�r�w am� rar rm�s. �n�6 rr� �om �ut �s�"
no�V �d� atc�rn w�mr at�r �le�Ja� +l��p�mcd��,
r�ar��dma�, ePrard�e� rsa mcwa„ Tuar�d�aey CSaaaa�ud�r�c„
�ce�J�r��ca� esv�ta�.r�,y �rCb�pr�rsvea�t ruSsW
��+rc+ar�rot� +�',r�,'iaCw aaP"w�,phw�d 7' d�� Yr�w �u�Mc�1:�P
rai""�n! n� s�uru�a, p���ureti�tie..
r�hur Surveying Ca, Inc.
Pzn�oasl L�ead surv�eyons
PA.Box 54 — Lewiaville, Tasas 7fiU67
Offioe: (87�) 221-9489 Fax: (972) 221-4676
Eatatbliahed 1988
.
� i '��- . �.
rihur Surve�ing Co., Inc.
.�r-nf�ss.ia.rrat L�.,uai Sux�-eyrors
P`•�. Bosc S4 -•Lewieville, Texas 75067
Oi�ic,c: (972�''21_9439 •� Fax: <972) 2'>1-4G75
E I1 f6A79
y(� d•k
.!V' A7Lo$L' L` AOEl11L` A� A
MA"YJH[�LL R4AD PROJECT
0.076 Acres
City of Denton, Denton County, Tcxas
�����'�� �67 �P�a:[ ca�rr�a i�� ��zt,„ �rsa,ct or parce! of land situated in tl�e David Hough Survey, Abstract Num6er 64G, City of
�:��°i���p'i� ���a�traa� ("�ao��t�� "�°"����s, and being a part of that certaui iract of land described by deed to Masan A. Haggard
a���r� +�i�c, ''�'ifi�rz�a � f��,„s����.^�,, ����orded ii� 'Valume 337, Page 430, Deed Records, Denton County, Texas, and being
r����� ������i�����f�ly r�v��a;�rr6C��.�d �e� follows:
COMMENC[NG at a 1/2 incl� iron rod fouttd for eprner in the east line of said F�aggard tract and t[�e northeast
corner of a tract of land described by deed to Ricliard A. Crreb and wife, Nancy A. GreU, recorded under lnstrmt�ent
IVumber 2006-100770, Official Public C(ecords, Denton CounYy, T'exas (O.P.R,D.C.T.), and bein� in lhe exisfing
Mayhill Road;
7'HEfYC� South 88 deg}�ees 56 minuEes 53 seconds Wesf, with the norl'h line ofsaid Greb tract, a disiauce of215.48
feet to a]/2 inch iron rod with yellaw cap stamped "Archur Surveying Cou�pany" (ASC) set %r the POYN'C O1F
$E(;INNINC;
THENCE South 88 deg�•ees 56 minutes 53 seconds West, with the nortli ]ine of said Greb tract, a distance of [ 0,01
feet to a poin# for corner;
THf]ENCE Now°id� � fl��aa�;r�� �s >�r nsrragare� �.� ���;��rcg;, ������, �+����� and aci•oss said Haggard tract, a distance of 330.69
feet to a point 4"r�r c��w�u;,s^ i�M �Pa�a a�r�rri� �a,��� �� ����� �.�'��,�����s� �•��;� �rid the south fine of a tract of land desaribed by deed
ta John klenry ��e.�r��i� ��,a�y., �•�,r�c�b-���9 �����e���r� Idro�rr4�o���o��i �air�rl���r 2004-30989, O.P.R,D.C.'f.;
THEIYCE North 87 degrees 52 minutes 49 seconds East, with the norlh line of ssid Haggard tract and the south line
of said C3ond tract, a distance of 10.02 teet to a I/2 inch iron rod with yellow cap stamped "ASC" set for cprnar;
TH�NCE South 41 degrees 50 minutes 21 seconds West, over and across said HaggArd tract, a distance uf 33�.88
feet to the 1'OiNT O1F ]BECINNING and containing 4.076 acres of land.
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C1107131-27
Parcel M736
Slope F.ascmcnt
EX H 9 BI T �� B�� - to �nne Ea�+mr�,t
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"¢hdl��k"h�ry"�����
L2
Mason A. Haggard &
wife, Wilma I�aggard
Volume 337, Page 43Q
(ramafnder)
S88 56'S3"W
458.67'
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a�N;x°. No. 2004�3pp89 � � � �
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;�. `� N8752'49"� _— r r �.�t
218.08' �
�
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] 0' Slope Easement
0.076 Acres
� � (3,308 sq. R„)
�� �� i
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Rlchard A. Greb dc
wite, Neaoy A. Greb
[nstr. No. 2U06�10077Q
♦ �,, a�� �,. p'�'1 O
��
C.I.R.F.
EXHIBIT "B"
1 Q' Slope Easement
MaphilI Road Project
0.07� Acres
David Haugh 5urvey,
Abstract Number fi46
City of Dentan
Denton County, Texas
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SCALE; 1"=100'
Dearings sl�own hereon besed on rhe Ciiy of
n�„con ats t��r�•ork.
NpTES:
� f.R.F, a lron Rod Found
• C.T.R..F. = 5/8" iron Rod Found �vith
cap sCeniped "Cotton Surveying".
• I,R.S. = 112" Iron Rod Set with
yeliow cap stamped "Anhur
Surveying Company"
� Ap in�provements not shown hereon
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p�e�r�ru'�Y,f�guR�,y ��r�sti "u�Hik�e'�wa wnaR dw ��aaraax� wua9
maSc�b�staF'euy�aa�rwPrsl�; mareroaovWbk
d�:.ra�c�u�r�ceaa, ucuc`lik+G� �Jw�r�'a�ws fw� �r�:�, bamdary
kue�e cwr�.Pa�r c�r��auaa�a�t�, ns�r�pAa�xr��� oi
��i�+'�"wm�ud� �aa�a�r� ar' �'�!r!s rad wv��r�w�o�d Y
l,e�wa �.,�upwzrrnr� �PrarrayvP p� ,�,�nwae i�re���,.
rthur Surveying Co., Inc.
��.o�,r r.�a sr�y�
PA.Hox 84 � Le�rievllle, Texaa 76087
01'lice: (972) 281-9439 Fax: (972) 221-4875
EetatbIiahed 1888
TLTA T-1 OWNER'S POLICY (2/1/10)
• � r � � �.
1 :
. �; .� � ..
Policy No.: 103-0-121698
This policy does not insure against loss ar damage (and the Company will nat pay costs, attorneys' fees
or expenses) that arise by reason of the terms and canditians of the leases and easements, if any shawn in
Schedule A, and the following matters:
The following restrictive covenants of recard itemized belaw (the Campany must either insert
specific recording data ar delete this exceptian):
Item Na. 1 is hereby deleted.
2. Shortages in area. �
Hamestead ar corrununity praperty ar survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyane, including but not limited to, persans, the public,
carporations, governments ar ather entities,
a. ta tidelands, ar lands comprising the shares or beds af navigable ar perennial rivers and streams,
lakes, bays, gulfs ar oceans, or
b. to lands beyand the line af the harbar ar bulkhead lines as established ar changed by any
gavernment, or
c. to iilled-in lands, ar artificial islands, or
d. ta statutory water rights, including riparian rights, or
e. to the area extending from the line af inean low tide to the line af vegetatian, ar the right af
access to that area ar easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority far the year 2014, and subsequent
years; and subsequent taxes and assessments by any taxing authority far priar years due to change in
land usage ar awnership, but not thase taxes ar assessments far priar years because af an exemption
granted ta a previous owner of the praperty under Sectian 11.13, Texas Tax Cade, ar because of
improvements not assessed for a previaus tax year.
6. The fallawing matters and all terms of the documents creating or offering evidence af the matters
(The Company must insert matters or delete this exceptian):
a. Mineral lease granted by MASON A. HAGG and wife, WILMA M. HAGG to
ST OIL COMPANY OF TEXAS described in instrument filed July 10, 1957, recorded
in Valume 430, Page 508, Deed Records af Denton County, Texas. (Title to said interest not
checked subsequent thereto.)
b. Easement executed by BEN SULLIVAN to TEXAS POWER & LIGHT COMPANY iiled June
2, 1924, recorded in Volume 190, Page 620, Deed Records of Dentan Caunty, Texas, as shawn
an survey prepared by John M. Russell, RPLS No. 5305, dated August 10, 2012.
c. Easement executed by MASON A. HAGG and wife, WILMA M. HAGG to
SINCL REFINING COMPANY filed December 18, 1947, recarded in Volume 341, Page
222, Deed Records of Dentan County, Texas. Assignment to SINCLAIlZ PIPE LINE
COMPANY, filed January 22, 1951, recorded in Valume 367, Page 242, Deed Records of
Denton County, Texas.
File No.: 121698 Pa�e 2 ctf 3
TLTA — T-1 Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10) Policy No.: 103-0-121698
d. Easement executed by M.A. HAGGARD and wife, WILMA HAGGARD to BRAZOS RIVER
TRANSMISSION ELECTRIC COOPERATIVE, INC. filed October 24, 1949, recorded in
Volume 357, Page 54, I7eed Records of Denton County, Texas.
e. Easement executed by WILMA A. HAGGARD to NGG GATHERING COMPANY, LLC iiled
June 1, 2006, recorded under CC# 2006-64790, Real Property Records of I7enton Caunty, Texas,
as shown an survey prepared by John M. Russell, RPLS No. 5305, dated August 10, 2012.
f. Mineral Estate and Interest as described in Deed executed by WILMA M. HAGGARD, a single
woman ta the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation, filed
May 16, 2014, recarded under CC# 2014-45390, Real Praperty Records of Denton County,
Texas. (Title to said interest not checked subsequent thereto.)(Mayhill Road Right-of-Way Parcel
M136 1.029 acres)
g. Mineral Estate and Interest as described in Deed executed by WILMA M. HAGGARD, a single
woman to the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation, iiled
May 16, 2014, recorded under CC# 2014-45391, Real Property Records of Denton County,
Texas. (Title to said interest not checked subsequent thereto.)(Municipal Use Tract Mayhill Road
Project 0.624 acres)
h. Terms and Conditions of Slope Easement executed by WILMA H. HAGGARD, a single woman
to the CITY OF DENTON, TEXAS, �led May 16, 2014, recorded under CC# 2014-45392, Real
Property Records of Denton County, Texas. (10' Slope Easement Mayhill Road Project 0.076
acres)
File No.: 121698 Page 3 of 3
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 1 �3-0-12169g
ISSUED BY
TITLE RESOURCES GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 121698
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 &om 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.
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Order Number: 121698
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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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:
(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 noi
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
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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.
(f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured
by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not
modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect
to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the
clerk of the United States District Court for the district where the Land is located.
(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
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
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
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
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:
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all
liability and obligations of the Company to the Insured under this policy, other than to make the payment required in
this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together
with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company
of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including
any liability or obligation to defend, prosecute or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured
Claimant who has suffered loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured
against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim
was made by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and
expenses incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY. �
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right
of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably
diligent manner by any method, including litigation and the completion of any appeals, it shall have fully perFormed
its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to
which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is
executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to
the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and
expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company
to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover
the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured
Claimant shall have recovered its loss.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014
(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
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@tdi.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.
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 Title Resources Guaranty Company.
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.: 121698
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. 121698
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 121698
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)