2003-130S:\Our Doeuments\Ordinances\03\Creekdale Drive CondenmaHon Ordinance-Final .doc
ORDrN CE NO.
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0.08 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR
STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE
NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE
NATHANIEL BRITTON SURVEY ABSTRACT NUMBER 51 IN DENTON COUNTY,
TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A
DEED TO WAYNE S. RYAN AND SHELTON RYAN RECORDED IN VOLUME 2522,
PAGE 898 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO
PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS
REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE
THE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY
FOR STREET, UTILITY AND RIGHT-OF-WAY PURPOSES; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of fee simple title for street, utility and right-of-
way purposes the real property described herein below, with such fee simple title vesting in the
City of Denton; and
WHEREAS, the hereinafter described property is believed to be owned by Wayne S.
Ryan and/or Melbagene Ryan ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. Public necessity exists and public welfare and convenience requ'tre the
acquisition of fee simple title, with such fee simple title vesting in the City of Denton in that
certain tract or parcel of land containing approximately 0.08 acre located in Denton County,
Texas, together with improvements thereon and appurtenances thereto as more particularly
described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof
by reference (the "Property"). The Property is being acquired for street, utility and right-of-way
purposes.
SECTION 3. The City Council finds that $2,614.00 (the "Compensation") is just
compensation for the Property including damages to the rema'mder, if any, said sum being based
on an independent appraisal obtained by the City. The City Manager or his designee is hereby
authorized and directed to make an offer for the Property to the Owner of the Property in the
amount of the Compensation.
SECTION 4. In the event the offer as described in Section 2 is refused by the Owner of
the Property, the City Attorney or his designee is hereby authorized and directed to file the
necessary condemnation proceedings or suit and take whatever action that may be necessary
against the Owner and any other parties having an interest in the Property to acquire fee simple
title in the Property for the purposes described in Section 2 above, with such fee simple title
vesting in the City of Denton. Such acquisition or condemnation of the Property may contain a
reservation of oil, gas, and mineral interests ("Mineral Interests"), without the right to use the
surface of the Property and with such Mineral Interests being subordinate to the use of the
Property for street, utility and right-of-way purposes.
SECTION 5. If it should be subsequently determined that additional parties other than
those named herein have an interest in the Property, then in that event, the City Attorney or his
designee is authorized and directed to join said parties as defendants in said condemnation.
SECTION 6.
approval.
PASSED AND APPROVED this the
This ordinance shall become effective immediately upon its passage and
/fl t~c day of ~ , 2003.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Page 2
Exhibit A
Description
0.08 Acre
All that certain trac-t or parcel of land situated in Nathaniel Britton
Survey, Abstract Number 51, Denton County, Texas, and being a part of a
called 65.504 acre tract of land described in the partition deed recorded
in Volume 2522, Page 898, Real Property Records of Denton County,
Texas, and being more particularly described as follows:
Beginning at a 2" pipe found at the South Southeast corner of said
65.504 acre tract and in Creekdale Drive;
Thence North 89 Degrees 17 Minutes 03 Seconds West with the South line
of said 65.504 acre tract, a distance of 80.20 feet to o 1/2" iron rod
found at the Southwest corner of said 65.504 acre tract and ct the
Southeast corner of a coiled 31.51 acre tract of land described in o deed
to Denton Thistle Hill Partners, L.P. as recorded in Volume 5196, Page
3818, Real Property Records of Denton County, ~rexas;
Thence North with the West line of said 65.504- acre tract and with the
East line of said 31.51 acre tract, a distance of 4-5.05 feet to a 1/2"
capped iron rod set for the Northwest corner of the herein described
tract;
Thence South 87 Degrees 30 Minutes 30 Seconds East, a distance of
79.83 feet to o 1/2" copped iron rod set for corner at the Southwest
corner of Lot 37, Block J of Ryon Ranch Phase II, on addition to the
City of Denton, Denton County, Texas, according to the plot thereof
recorded in Cabinet T, Page 333, Plot Records of Denton County, Texas
and in the East line of said 65.504- acre tract and also in the North
Right-of-Way line of said Creekdole Drive;
Thence South O0 Degrees 35 Minutes 59 Seconds East with the said East
line, a distcnce of 42.58 feet to the POINT OF BEGINNING and containing
0.08 acre of land.
This Survey sketch represents the results of on on-the-ground survey
mode under my direction and supervision on 01-10-03. There ore no
visible or apparent intrusion, protrusions or easements except os shown
hereon.
J.E. THOMPSON II R.P.LS. No 4-857 Date
P.O. BOX 507
I~UM, TX 76249
940)482-6723
JOB N[r~m~/?~ 030015
DRAtTN BY: S.P.A.
CHECKED BY: M.J.K.
DATE: 01-10-03
R.P.L.S.
J,E. THOMPSON H
REV t:
REV ;~:
Exhibit B
'&v' ~' : Lot 4 Block J
~ , \q)' A called 65,504 acre tract of land to , Rvon Ranch Phase II
~.o~. q..\ Wa)~e S Ryan AND Shelton Ryan I C bi e'';
~ ~ Volume 2522, Page 898, R.P.R./D.C.T. ·
~ Nathani¢l Britton Survey, Abstract Number 51
~..-~.~ C~ty.of Denton, Denton County, ~Texas
~ ,~ . : Lot 37, Block d~
o~ ~ I Ryon Ranch Phese I~1~
/ / p ~ S 873030E 79R~ ~ 13~4~8E 8.62
1 2" IRS C~ . . , ,, , : ..... ...~.;_..~, ..... .~_
. ' . . -'-- ~/~ J~c~ ...............
0.08 Acre ~ .
Proposed . ~ Creekdole Drive
R.o.w.)
Creekdole Drive
- S.W. Cot. of S.S.[. Cot. o- ~er ~yon ~neh
.......... i7~""~ · 'os"
( )..2o ............
(8o,00'~/ j ~" Plp~ ~nd.
e} .
A cabled Tract I of land described in a deed to
Calvert
Volume 3318, Page 908, R,P.R,/D.C.T.
LEGEND
B.M. = BENCHMARK
FF = FINISHED FLOOR
NG =' NAI~RAL GROUND
IRP - IRON BOO POUND
FCP = FENCE CORNER POST
P.L. = PROPERTY LINE
B.Y.S.B. = SIDE YARD SET BACK LINE
B.L = BUILDING UNE
U,E. = U~UTY EASEMENT
P.U.E. = PUBUC U~ETY EASEMENT
D.E. = DRAINAGE EASEMENT
COMM. ESMT. = COMMUNICAI~ON ESMT
TRANE = ELECTRIC TRANSFORMER
PP = POWER POLE
LP = UOHT POLE
R.O.W. = RIGHT OF WAY
P.O.B. ~ POINT OF BEGINNING
P.O.C. = PONT OF COMMENCING
~-ONU-- = OVER-HEAD UllUTY'
--CATV-- - CABLE ~¥ LINE
--E-- = ELECTRIC LINE
--Ill-- = WOOD FENCE
....'~ PIPE & CABLE FENCE
--o-- == CHAINUNK FENCE
CONTROLUNG MONUMENT
* = BASE BEARINO
I" = 30'
P.O. BOX 507
KRUM, TX 76249
(940)482-6728
~OB ~R~t 030015
D~ BY: S.P.A.
CH~C~D BY: MJ.K.
DATE: 01-10-03
R.P.L.S.
J.E. TH0~SON II
Reviewed
REV 1:
REV 2:
REV 2:
REV 4:
REV 5:
5425 3248 -2
FILE FOR RELEASE AND SUBORDINATION AGREEMENT ptNTON COUNC,
SEP
STATE OF TEXAS §
§ THIA MI ~1,;°~ti
COUNTY OF DENTON'
MELBAGENE TULL RYAN is the owner of a called 65.504 acre tract of land identified
as Tract One described on page three (3) of a partition deed recorded in Volume 2522, Page 898,
900 of the Real Property Records, Denton County, Texas. The 65.504 acre property identified
above is referred to herein as "the 65 acre tract". By ordinance authorizing voluntary purchase
or condemnation, the City of Denton, Texas, has determined that a public need exists for the
acquisition of a .08 acre portion of the 65 acre tract. The .08 acre to be acquired is legally
described in the attached Exhibit "A", and illustrated and depicted in the drawing attached to
Exhibit "B" and is hereafter referred to as the "Acquired Tract". Both Exhibits are incorporated
herein by reference for all purposes as if set forth herein verbatim. NationsGas Partners, LLC
(and its assignees) hold a mineral lease on the 65 acre tract. Such mineral lease is recorded in
Volume 5154, Page 1672 at the Real Property Records, Denton County, Texas. It is understood,
contemplated, and agreed that the public need for and intended use of the Acquired Tract are for
street, right-of-way, roadway, highway, above and below ground utility facilities and
appurtenances, and like matters. It is the purpose and intent of this document to subordinate,
make subservient, and release the rights of the Releasing and Subordinating Parties in and to the
Acquired Tract as such rights and interests relate to activities that would interfere with the
construction, maintenance, repair, and operation of the aforementioned roadway, drainage and
utility improvements. It is understood, contemplated, and agreed that at no time shall the
Releasing and Subordinating Parties take any action to disturb, interrupt, impede, or otherwise
interfere with the City of Denton, Texas's use of the Acquired Tract for the purposes herein
stated, namely the construction, maintenance, repair, and operation thereon of a street, right-of-
way, roadway, highway, drainage improvement, utilities, appurtenances, and other related
improvements.
In light of the public's need for the Acquired Tract, and in lieu, forbearance, and under
the threat of condemnation, NationsGas Partners, LLC, and its assignee, Mid-Continent
Geological, Inc. (herein refer to as the Releasing and Subordinating Parties), hereby agree to and
do release the aforementioned mineral lease to the surface only, and subordinate their interests to
the interests of the City of Denton, Texas as herein stated in and to the Acquired Tract for the
surface uses herein described. The Releasing and Subordinating Parties agree that their lease
rights will remain subordinate to the rights, title, and interest acquired by the City of Denton,
Texas in and to the Acquired Tract. The Releasing and Subordinating Parties also surrender and
release their surface drilling rights and all other rights of surface use granted in the
aforementioned mineral lease in and to the Acquired Tract.
All subordinations and releases contained herein are subject to the following exceptions
and limitations:
Page 1 of 3 - RELEASE AND SUBORDINATION AGREEMENT
[CityofDenton.Ryan/docs/release and subordination agreement] (kek;061103)
5425 3209
1. • The Releasing and Subordinating Parties do not release any of their rights, title, and
interest under the lease except as expressly herein provided;
2. The Releasing and Subordinating Parties specifically reserve and except from this
partial release all of its rights, title, and interest with respect to the oil, gas, and other
minerals and substances contained in or produced from the 65 acre tract;
3. The Releasing and Subordinating Parties further reserve and except from this release
and retain for itself and its successors in interest all rights under the lease to explore
for, to drill and to produce oil, gas, and other minerals underlying or situated beneath
the 65 acre tract by any means whatsoever that are nondestructive to the surface of
the Acquired Tract including wells directionally drilled from surface locations on
nearby lands, and by pooling or unitizing all or part of the 65 acre tract with nearby
lands where drilling operations may be conducted.
This instrument may be executed in any number of counterparts all of which when
executed shall constitute one instrument.
This Agreement is binding on The Releasing and Subordinating Parties, their successors,
assigns, heirs, transferees, agents, employees, personal representatives, directors, officers, and all
other persons asserting rights through the Releasing and Subordinating Parties.
NationsGas Partners, LLC
By:
Title:
Date:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me by
name) on behalf of NationsGas Partners, LLC, a
(corporation/partnership/etc.) on this the day of
Texas
(persons
2003.
Notary Public, State of Texas
Page 2 of 3 - RELEASE AND SUBORDINATION AGREEMENT
[CityofDenton.Ryan/does/release and subordination agreement] (kek;061103)
5425 3210
Mid-Continent Geologica In
By:
F Sj'n/to S
Title: /~iP.FSr~/T
Date: 4 ^~-03
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me by T S (persons
name) on behalf of Mid-Continent Geological, Inc. a Te s
(corporation/partnership/etc.) on this the day of , 2003.
PHILIP R. RICE
MY COMMISSION EXPIRES
October 18, 2004
N ary ublic, Q SW e x a s
Page 3 of 3 - LEASE AND SUBORDINATION AGREEMENT
[Cityof]Denton.Ryan/docs/release and subordination agreement](kek;061103)
Exhibit A
Description
0.08 Acre
3211
All that certain tract or parcel of land situated in Nathaniel Britton
Survey, Abstract Number 51, Denton County, Texas, and being a part of a
called 65.504 acre tract of land described in the partition deed recorded
in Volume 2522, Page 898, Real Property Records of Denton County,
Texas, and being more particularly described as follows:
Beginning at a-2" pipe found at the South Southeast corner of said
65.504 acre tract and in Creekdale Drive;
Thence North 89 Degrees 17 Minutes 03 Seconds West with the South line
of said 65.504 acre tract, a distance of 80.20 feet to a 1/2" iron rod
found at the Southwest corner of said 65.504 acre tract and at the
Southeast corner of a called 31.51 acre tract of land described in a deed .
to Denton Thistle Hill Partners, L.P. as recorded in Volume 5196, Page
3818, Real Property Records of Denton County, Texas;
Thence North with the West line of said 65.504 acre tract and with the
East line of said 31.51 acre tract, a distance of 45.05 feet to a 1/2"
capped iron rod set for the Northwest corner of the herein described
tract;
Thence South 87 Degrees 30 Minutes 30 Seconds East, a distance of
79.83 feet to a 1/2 capped iron rod set for corner at the Southwest
corner of Lot 37, Block J of Ryan Ranch Phase II, an addition to the
City of Denton, Denton County, Texas, according to the plat thereof
recorded in Cabinet T, Page 333, Plat Records of Denton County, Texas
and in the East line of said 65.504 acre tract and also in the North
Right-of-Way line of said Creekdale Drive;
Thence South 00 Degrees 35 Minutes 59 Seconds East with the said East
line, a distance of 42.58. feet to the POINT OF BEGINNING and containing
0.08 acre of land.
This Survey sketch represents the results of an on-the-ground survey
made under my direction and supervision on 01-10-03. There are no
visible or apparent intrusion, protrusions or easements except as shown
hereon.
TS- 2
J.E. THOMPSON II R.P.L.S. No 4857 Date
X47' , rS T E-
G
J.E.
~ m oe~oCCaoc ucu.. - i
?P =657
I'1
F \ #LLL4NCE
AREA
P.O. BOX 507
KRUM, TX 76249
(940)482-6723
J.E. THOMPSON H
Exhibit B 3 2 12
1°
o~a'RG Lot 4, Block J
S~ 10 I A called 65.504 acre tract of land to i Ryan Ranch Phase II
Wayne S. Ryan AND Shelton Ryan Cabinet T, Page 333, P.R,/D.C.T.
~oo~~c~Q i Volume 2522, Page 898, R.P.R./D.C.T. i
Q
athanitl Britton Survey, Abstract Number 51
aCity; of Denton,' Denton County, ;Texas Lot 37, Block J
~\o ~ , I I Ryan Ranch Phase II
Go o~ Cabinet T, Page 333, P.R./D.C.T.
oe 1 1/2" IRF/Cap.
L . .
1/2" IRS/Ccp.,1_ S 8730'30"E 79.83' 1/, "N 13'34'48"E 8.62'
U-)
0
LO
Proposed
Creekdale Drives
0
Z
C. M
1/2- IRF
0.08 Acre
,S.W. Car. of S.S.E. Car. 01;
65.504 Ac. Tr. 65.504 Ac. Tr.
(N 89.17'03"W 80.20
(80.00'
J /2r 1MZ/C%, ip.. _
i.
JI
CD
~0100
M N Creekdale Drive
mo(60' R.O.W.)
Per Ryan Ranch Phase I
2" Pipe Fnd.
P.0.8.`
~o
A called
Tract I of land described
in a deed to
0
Calvert
d
Volume 3318, Page 908, R.P.R./D.C.T.
I
(D v
LEGEND
B.M. = BENCHMARK
FF = FINISHED FLOOR
NG NATURAL GROUND
BER'- BURIED ELECTRIC RISER
IRF - IRON ROD FOUND
IRS/CAP - 1 ' IRON ROD SET W/CAP
~
CORNER POST
FCP = FENC
P.L. = PROPERTY LINE
S.B. -'SET BACK LINE
S,Y.S.B. = SIDE YARD SET BACK LINE
B.L. - BUILDING LINE
U.E. - UTTUTY EASEMENT
P.U.E. = PUBLIC UTILITY EASEMENT
D.E. - DRAINAGE EASEMENT
COMM. ESMT. - COMMUNICATION ESMT
Reviewed B :
WM = WATER METER
M.I.K. 1-14-U3
TR = TELEPHONE RISER
.ER = ELECTRIC RISER
- 3 0'
M.J.K. 1-15-03
TRANS - ELECTRIC TRANSFORMER
PP - POWER POLE
L° = LIGHT POLE
= RIGHT OF WAY
R
O
W
-
P.O. BOX 507
REV 1:
.
.
.
P.O.B. - POINT OF BEGINNING
KRUM, TX 76249
P.O.C. - POINT OF COMMENCING
--OHU-- = OVER-HEAD' UTILITY'
(940)482-6723
--CAN-- _ CABLE TV LINE
--E-- ELECTRIC LINE
JOB NUMBER: 030015
--T-- = TELEPHONE UNE
DRAIPI`( BY: S.P.A.
REV
3
--x-- - WIRE FENCE
--III-- = WOOD FENCE
CHECKED BY: M.J.K.
REV 4:
- PIPE & CABLE FENCE
LLL4NCE
DATE: 01-id-d3
--o-- = CHAINUNK FENCE
( ) = PLAT OR DEED CALL
AREA
R.P.L.S.
-REY 6:
CM CONTROLLING MONUMENT
=BASE BEARING
URVEYING
J,E. THOMPSON II
STREET RIGHT-OF-WAY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Melbagene Ryan, of Denton County, Texas, (whose mailing address is 1221
Ryan Road, Denton, Texas 76210-5539) hereinafter called "Grantor," for and in consideration of
the sum of Ten-Thousand-Three-Hundred Dollars and No Cents ($10,300.00) and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, and in lieu
of condemnation, a home rule municipal corporation, hereinafter called "Grantee," the receipt
and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or
implied, does GRANT, SELL, and CONVEY unto the Grantee all of that certain tract or parcel
of land containing approximately 0.08 acre of land, situated in the City of Denton, Denton
County, Texas, as more particularly described in Exhibit "A" and as illustrated in Exhibit "B",
both of which are attached hereto and made a part hereof for all purposes, together with all
improvements situated thereon and all, and singular the rights and appurtenances thereto,
hereinafter called the "Property."
It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of
permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon
street, highway, right-of-way, drainage improvements, utilities and other related improvements.
Grantor hereby agrees that it has been fully compensated by Grantee for the property interests
conveyed to Grantee hereunder, including without limitation, the right or claim to severance
damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that
maybe claimed or asserted by virtue of such acquisition of the Property by Grantee and Grantor
hereby waives any and all right or claim to additional compensation.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently
recorded instruments, other than liens aiid conveyances, that affect the property. In addition, this
conveyance is subject to the terms of a mineral lease held by NationsGas Partners, LLC (and its
assigns), which lease is filed of record in Volume 5154, Page 1672 of the Real Property Records
of Denton County, Texas.
Rollback Taxes:
If this sale or Grantee's use of the Property after closing results in the assessment of
additional taxes for periods prior to closing, the additional taxes shall not be the obligation of
Grantor. If Grantor changes the use of the property prior to closing and the change results in the
assessment of additional taxes, the additional taxes shall be the obligation of Grantor.
Obligations imposed by this paragraph shall survive closing.
Street Right-of-Way Deed, Page 1
Grantor does hereby fm kher reserve for Grantor and Grantor's heirs and assigns forever
any and all oil, gas and other minerals in and under and that may be produced from the Property.
Grantor does not retain any right to use all or any part of the surface of the property for the
purpose of exploring for, drilling for or producing any of the oil, gas and other minerals herein
reserved.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns,
forever. Grantor does hereby bind Grantor and Grantor's heirs, successors, executors and
assigns, to warrant and forever defend, all and singular the Property unto the Grantee and
Grantee's successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, by, through, or under Grantor, but not otherwise.
EXECUTED this J ~ day of December, 2003.
By: ',.-J
Melbagene Rya
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me this day of December, 2003 by
Melbagene Ryan.
89
MARYANN STF'NDEL
` Notary Publk% Slmta of Vexes
My Cernrnission Exp. 2-29-2034
OUOOOf~(X000(a0r_,~CpCsOpOC~0:00r~G~j;y_: _
Notary P lic, State of Texas
Printed name:
My commission expires:
Street Right-of-Way Deed, Page 2
Accepted this I 4SO* day of December, 2003 for the City of Denton, Texas (Resolution Nos.
2003-131 and 2003-130)
BY:
Paul Williamson
Real Estate & Capital Support Manager
AFTER RECORDING RETURN TO:
CITY OF DENTON - ENGINEERING
City Hall East
601 East Hickory Street, Suite B
Denton, Texas 76205
Attention: Paul Williamson
Street Right-of-Way Deed, Page 3
Exhibit A
Description {
0.08 Acre
All that certain tract or parcel of land situated in Nathaniel Britton
Survey, Abstract Num6er 51, Denton County, Texas, and being :a part of a
called 65.504 acre tract of land described in the partition deed recorded
in Volume 2522, Page 898, Real Property Records of Denton County,
Texas, and being more particularly described as follows:
Beginning at a 2" pipe found at the South Southeast corner of said
65.504 acre tract and in Creekdale Drive;
Thence North 89 Degrees 17 Minutes 03 Seconds West with the South line
of said 65.504 acre tract, a distance of 80.20 feet to a 1/2" iron rod
found at the Southwest corner of said 65.504 acre tract and at the
Southeast corner of a called 31.51 acre tract of .land described in a deed .
to Denton Thistle Hill Partners, L.P. as recorded in Volume 5196, Page
3818, Real Property Records of Denton County, Texas;
Thence North with the West line of said 65.504 acre tract and with the
East line of said 31.51 acre tract, a distance of 45.05 feet to a 1/2"
capped iron rod set for the Northwest corner of the herein described
tract;
Thence South 87 Degrees 30 Minutes 30 Seconds East, a distance of
79.83 feet to a 1/2" capped iron rod set for corner at the Southwest
corner of Lot 37, Block J of Ryan Ranch Phase II, an addition to the
City of Denton, Denton County, Texas, according to the plat thereof
recorded in Cabinet T, Page 333, Plot Records of Denton County, Texas
and in the East line of said 65.504 acre tract and also in the North
Right-of-Way line of said Creekdale Drive;
Thence South-00 Degrees 35 Minutes 59 Seconds East with the said East
line, a distance of 42.58 feet to the POINT OF BEGINNING and containing
0.08 acre of land.
This Survey sketch represents the results of an on-the-ground survey
made under my direction and supervision on 101-10-03. -There are no
visible or apparent intrusion, protrusions or easements except as shown
hereon.
(%'-f~ - - =~=?_3
J.E. THOMPSON II R.P.L.S. No 4857 Date i-
O~F
r
'
'
P.O. BOX 507
F
It-r, S
3
l G
KRUM, TX 76249
(940)482-6723
JOB NUMBER: 03001
A C8
4 ~
DRATYN BY: S.P.A.
i
00
J
K
_,.,..5,~=~"_°~
t'. { y
~LLIANCE
.
.
CHECKED BY: M.
-DATE: 01-1c
AREA
R.P.L.S.
TTRVV.YWr,
J.E. THOMPSON H
i
Exhibit B
~ I
I
°~aQ G Lot 4, Block J
A called 65.504 acre tract of land to i Ryan Ranch Phase If
Wayne S. Ryan AND Shelton Ryan Cabinet T, Page 333, P.R./D.C.T.
o °t', i Volume 2522, Page 898, R.P.R./D.C.T. i
Q
1bNathanil Britton Survey, Abstract Number 51
Cit of Denton,. Denton County' Texas
y Lot 37, Block J
Gca Ryan Ranch Phase II
Cabinet T, Page 333, P.R;:/D.C.T.
oz 1/2" IRF/Cap.
1 /2" IRS/Cap.' S 8730'30"E 79.83' N 13'34'48"E 8.62'
/2 JR.S/Cs1p..
LO
0
L0
Proposed
Creekdale Drive i
0
Z
C.M.
1/2- IRF
0.08 Acre
S.W. Car. of S.S.E. Car. o~
15.504 Ac. Tr. 65.504 Ac. Tr.
(N 89'17'03" W) 80.20'
(80.00'
P.O.
A called Tract I of land described in a deed to
Calvert
Volume 3318, Page 908, R.P.R./D.C.T.
LEGEND
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M N Creekdale Drive
a d- (60' R.O.W.)
Per Ryan Ranch Phase I
(n
Pipe Fnd.
.I
B.M. = BENCHMARK
FF = FINISHED FLOOR
NG NATURAL GROUND
BER BURIED ELECTRIC RISER
IRF IRON ROD FOUND
IRS/CAP - 1/2- IRON ROD SET -W/CAP
FCP = FENCE CORNER POST
P.L. = PROPERTY LINE
S.B. - • SET BACK LINE
S.Y.S.B. = SIDE YARD SET BACK LINE
B.L. - BUILDING LINE
U.E. = UTILITY EASEMENT
P.U.E. PU13UC U11UTY EASEMENT
D.E. = DRAINAGE EASEMENT
COMM. ESMT. - COMMUNICATION ESMT
WM = WATER METER
TR = TELEPHONE RISER
'
ER ELECTRIC RISER
- 30
TRANS - ELECTRIC TRANSFORMER
PP - POWER POLE
LP = LIGHT POLE
OF WAY
_ _ _ - - -
P.O. BOX 507
R.O.W. = RIGHT
P.O.B. = POINT OF BEGINNING
IMUM, TX 76249
P OHU -POORER HEAD' UTILIITY
(940)482=6723
A
'--CAN-- CABLE TV LINE
--E-- -"ELECTRIC LINE
J013 NUMBER: 03001
--T-- = TELEPHONE UNE
DRAWN BY: S.P.A.
--x-- v wRE FENCE
--{p-- - WOOD FENCE
CHECKED BY: M.J.K.
- a-- s PIPE k CABLE FENCE
MULdANCE DATE: 01-1(
--o-- = CHAINLINK FENCE
( ) = PLAT OR DEED CALL
AREA R.P.L.S.
CM CONTROLLING MONUMENT
NG
J,E, THOMPSON II
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Denton County
IiII~nI~IIIU~IIIVIII Cynthia Mitchell
Denton, 70 2003 00196087
Instrument Number: 2003-196087
As
Recorded On: December 03, 2003 Deed
Parties: RYAN MELBAGENE Billable Pages: 6
To Number of Pages: 6
Comment:
Examined and Charged as Follows:
Deed 24.00
Total Recording: 24.00
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: Record and Return To:
Document Number: 2003-196087
Receipt Number: 72763 TITLE RESOURCES
Recorded Date/Time: December 03, 2003 03:30P WILL CALL
WILL CALL
User / Station: J Morris - Cash Station 1 DENTON TX 76202
• M THE STATE OF TEXAS)
c,''~.zala COUNTY OF DENTON }
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
County Clerk
"''"x8«%'• Denton County, Texas
TITLE
DATE : January 29, 2004
GF NO : 231600
ESOURCES
TO : JOHN E. KELSEY
CITY OF DENTON
P. 0. BOX 918
DENTON, TX.76202-0918
[113 0 ~ 200+
RE : Owner's Title Policy (Texas Form T-1) regarding the property described in the above re ferenced
file as BRITTON, Abstract #51, Denton County, Texas and being commonly known as ( not
available), ,TEXAS ("Property").
We are pleased to enclose an Owner's Title Policy No. 0.5841.228428from STEWART TITLE 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.
Beth Collins
Enclosure
1 1 12 Dallas Drive Suite #402 * Denton, Texas 76205 * Office (940) 381-1006 * Metro (940) 243-2913 * Fax (940) 898-0121
FORMT-1 OWNERS POLICYOFTITLE INSURANCE
If ycu want information about coverage or need -~sistance to resolve complaints, please call our toll fre-umber: 1-800-729-1902. If you make a claim under
your policy, you must furnish written notice in ; fdance with Section 3 of the Conditions and Stipula'!
Visit our World-Wide Web site at: http://www.siewart.com
OWNER'S POLICY OF TITLE INSURANCE ISSUED BY
r~~st~v~art®
title guaranty company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before
Date of Policy;
4. Lack of a right of access to and from the land.
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent
provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized
officers as of the date of Policy shown in Schedule A.
=W I ox
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Chairman of 0
Board
title guaranty company
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City, State
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses whi
arise by reason of.
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulatir
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erect
on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (I
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcemc
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at D,
of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
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;
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. 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
unmarketability of the title.
5. Any claim, which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of
1-he operation of federal bankruptcy, state insolvency, or other state of federal creditors' rights laws, that is based on either (i) the transaction creating the estate or
interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend, (ii) the subordination
or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subcoordination, or (iii) the transaction
creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the
Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the failure of such recordation to impart notice to a
purchaser for value or a judgment or lien creditor.
ser~'No 0-5841-228428
5811 (Rev. 4-4-02)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
or defect is valid, the Company shall take one of the following actions: (i) institute
The following terms when used in this policy mean:
the necessary proceedings to clear the lien, encumbrance, adverse claim or defect
(a) "insured": the insured named in Schedule A, and, subject to any rights or
from the title to the estate as insured; (ii) indemnify the insured as provided in this
defenses the Company would have had against the named insured, those who
policy; (iii) upon payment of appropriate premium and charges therefor, issue to the
succeed to the interest of the named insured by operation of law as distinguished
insured claimant or to a subsequent owner, mortgagee or holder of the estate or
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
interest in the land insured by this policy, a policy of title insurance without exception
personal representatives, next of kin, or corporate, partnership or fiduciary
for the lien, encumbrance, adverse claim or defect, said. policy to be in an amount
successors, and specifically, without limitations, the following:
equal to the current value of the property or, if a mortgagee policy, the amount of
(1) the successors in interest to a corporation, limited liability company or limited
liability partnership resulting from merger or consolidation or conversion or the distribution of
the
assets of
the
o
t
or limited liability company or limited liability partnership upon
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,
l
h
d
ion;
liquidiquidaatio
etee
p
artial or
compl
ocument
encumbrance, adverse claim or defect; (v) secure a re
ease or ot
er
(ii) the successors in interest to a general or limited partnership or limited liability
discharging the lien, encumbrance, adverse claim or defect; or yr undertake a
company or limited liability partnership which dissolves but does not terminate;
combination of (i) through (v) herein.
(iii) the successors in interest to a general or limited partnership resulting
4 DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO
from the distribution of the assets of the general or limited partnership upon partial
COOPERATE.
or complete liquidation;
(a) Upon written request by the insured and subject to the options contained in
(iv) the successors in interest to a joint venture resulting from the
Section 6 of these Conditions and Stipulations, the Company, at its own cost and
distributian of the assets of the joint venture upon artial or complete liquidation;
tit
(
) th
b
t
t
(
~
t
d i
itt
t
f
t
without unreasonable delay, shall provide for the defense of an insured in litigation
d
t
th
titl
i
t
t
i
i
hi
h
hi
d
l
i
d
b
v
e successor or su
s
u
e
rus
ee
s
rus
ee name
n a wr
en
o
a
party asserts a c
a
m a
verse
o
e
e or
n
eres
as
nsure
ut
n w
c
any t
r
,
trust instrument; or
only as to those stated causes of action alleging a defect, lien or encumbrance or
(vi) the successors in interest to a trustee or trust resulting from the
other matter insured against by this policy. The Company shall have the right to
distribution of all or part of the assets of the trust to the beneficiaries thereof.
select counsel of its choice (subject to the right of the insured to object for reasonable
1b) "insured claimant": an insured claiming loss or damage.
cause) to represent the insured as to those stated causes of action and shall not be
c) "knowledge" or "known": actual knowledge, not constructive knowledge or
liable for and will not pay the fees of any other counsel. The Company will not pay
notice that may be imputed to an insured by reason of the public records as defined
any fees, costs or expenses incurred by the insured in the defense of those causes of
in this policy or any other records which impart constructive notice of matters
action that allege matters not insured against by this policy.
affecting the land.
(b) The Company shall have the right, at its own cost, to institute and prosecute
(d) "land": the land described or referred to in Schedule A, and improvements
any action or proceeding or to do any other act that in its opinion may be necessary
affixed thereto that by law constitute real property. The term "land" does not include
or desirable to establish the title to the estate or interest, as insured, or to prevent or
any property beyond the lines of the area described or referred to in Schedule A, nor
reduce loss or damage to the insured. The Company may take any appropriate
any right, title, interest, estate or easement in abutting streets, roads, avenues,
action under the terms of this policy, whether or not it shall be liable hereunder, and
alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent
shall not thereby concede liability or waive any provision of this policy. If the
to which a right of access to and from the land is insured by this policy.
Company shall exercise it rights under this paragraph, it shall do so diligently.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
(c) Whenever the Company shall have brought an action or interposed a
instrument.
defense as required or permitted by the provisions of this policy, the Company may
(f) "public records": records established under state statutes at Date of Policy
pursue any litigation to final determination by a court of competent jurisdiction and
for the purpose of imparting constructive notice of matters relating to real ro erty to
urchasers for v
lue a
d
ithout knowled
e
With
t t
S
ti
1(
~(i
~
f th
expressly reserves the right, in its sole discretion, to appeal from any adverse
d
t
d
p
g
.
a
n
w
respec
o
ec
on
a
v
o
e
ju
gmen
or or
er.
Exclusions From Coverage, "public records" also shall include environmental
(d) In all cases where this policy permits or requires the Company to prosecute
protection liens filed in the records of the clerk of the United States district court for
or provide for the defense of any action or proceeding, the insured shall secure to the
the district in which the land is located.
(g) "access" : legal right of access to the land and not the physical condition of
Company the right to so prosecute or provide defense in the action or proceeding,
and all appeals therein, and permit the Company to use, at its option, the name of
access. The coverage provided as to access does not assure the adequacy of access for
the use intended.
the insured for this purpose. Whenever requested by the Company, the insured, at
the Company's expense, shall give the Company all reasonable aidy(i) in any action
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the
The coverage of this policy shall continue in force as of Date of Policy in favor of
action or proceeding, or effecting settlement, and (ii) in any other lawful act that in
an insured only so long as the insured retains an estate or interest in the land, or
the opinion of the Company may be necessary or desirable to establish the title to the
holds an indebtedness secured by a purchase money mortgage given by a purchaser
estate or interest as insured. If the Company is prejudiced by the failure of the
from the insured, or only so long as the insured shall have liability by reason of
insured to furnish the required cooperation, the Company's obligations to the insured
covenants of warranty made by the insured in any transfer or conveyance of the
under the policy shall terminate, including any liability or obligation to defend,
estate or interest. This policy shall not continue in force in favor of any purchaser
prosecute, or continue any litigation, with regard to the matter or matters requiring
from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness
such cooperation.
secured by a purchase money mortgage given to the insured.
5. PROOF OF LOSS OR DAMAGE.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
In addition to and after the notices required under Section 3 of these Conditions
The insured shall notify the Company prom fly in writing (i) in case of any
liti
ti
a
t f
th i
S
ti
4(
) b
l
(iifi
k
l
ll
t
d
h
and Stipulations have been provided the Company, a proof of loss or damage signed
d
t
b
th
i
d
l
i
t
h
ll b
f
i
h
d t
th
C
ithi
91
ga
on
s se
or
n
ec
on
a
e
ow or,
now
n case
e
ge s
a
come
o
an
sworn
o
y
e
nsure
c
a
man
s
a
e
urn
s
e
o
e
ompany w
n
an insured hereunder of any claim of title or interest that is adverse to the title to the
days after the insured claimant shall ascertain the facts giving rise to the loss or
estate or interest, as insured, and that might cause loss or damage for which the
damage. The proof of loss or damage shall describe the defect in, or lien or
Company may be liable by virtue of this policy. If prompt notice shall not be given to
the Company, then as to the insured all liability of the Company shall terminate with
encumbrance on the title, or other matter insured against by this policy that
constitutes the basis of loss or damage and shall state, to the extent possible, the
regard to the matter or matters for which prompt notice is required; provided,
however, that failure. to notify the Company shall in no case prejudice the rights of
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or
any insured under this policy unless the Company shall be prejudiced by the failure
damage, the Company's obligations to the insured under the policy shall terminate,
and then only to the extent of the prejudice.
including any liability or obligation to defend, prosecute, or continue any litigation,
When, after the Date for the Policy, the insured notifies the Company as
with regard to the matter or matters requiring such proof of loss or damage.
required herein of a lien, encumbrance, adverse claim or other defect in title to the
In addition, the insured claimant may reasonably be required to submit to
estate or interest in the land insured by this policy that is not excluded or excepted
examination under oath by any authorized representative of the Company and shall
from the coverage of this policy, the Company shall promptly investigate the charge
produce for examination, inspection and copying, at such reasonable times and
to determine whether the lien, encumbrance, adverse claim or defect is valid and not
places as may be designated by any authorized representative of the Company, all
barred by law or statute. The Company shall notify the insured in writing, within a
reasonable time
of its determination as to the validit
i
lidit
f th
i
d'
records, books, ledgers, checks, correspondence and memoranda, whether bearing a
d
t
th
l
d
b
f
ft
D
t
f P
li
hi
h
bl
t
i
t
,
y or
nva
y o
e
nsure
s
reasona
e
oss or
amage.
a
e
e
ore or a
er
a
e o
o
cy, w
c
y per
a
n
o
claim or charge under the policy. If the Company concludes that the lien,
Further, if requested by any authorized representative of the Company, the insured
encumbrance, adverse claim or defect is not covered by this policy, or was otherwise
claimant shall grant its permission, in writing, for any authorized representative of
addressed in the closing of the transaction in connerf0- with which this policy was
the Company to exam-q. inspect and copy all records, books, ledgers, checks,
issued, the :Company shall specifically advise the ed of the reasons for its
determination, df the Company concludes that the lien, encumbrance, adverse claim
correspondence and n'. anda in the custody or control of a third party, which
reasonably pertain to the loss or damage. All information designated as confidential
(continued and concluded on last page of this policy)
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face,-
-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 other reasonably requested information
or grant permission to secure reasonably necessary information from third parties as
required in this paragraph shall terminate any liability of the Company under this
policy cs to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy,
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to
the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(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, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which 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, which were authorized by the Company
up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii], the Company's obligations to the insured under this polity
for the claimed loss or amage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue any
litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damagge
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exceed the least
of:
i) the Amount of Insurance stated in Schedule A;
ii the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy at the date the insured claimant is
required to furnish to Company a proof of loss or damage in accordance with Section
5 of these Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than BO percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of
Policy and improvement is erected on the land which increases the value of the
insured estate or interest by at least 20 percent over the Amount of Insurance stated
in Schedule A, then this Policy is subject to the following:
(i where no subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that the
amount of insurance at Date of Policy bears to the total value of the insured estate or
interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120 percent
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorney's fees and
expenses for which the Company is liable under this policy, and shall only apply to
that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A.
(c The Company will pay only those costs, attorney's fees and expenses
incurre in accordance with Section 4 of these Conditions and Stipulations.
0. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not
used as a single site, and a loss is established affecting one or more of the parcels
but not all, the loss shall be computed and sett led on a pro rata basis as if the
amount of insurance under this policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has otherwise been agreed
on as to each parcel by the Company and the insured at the time of the issuance of
this policy and shown by an express statement or by an endorsement attached to this
policy.
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 Section 6, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused thereby.
(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 therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any 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 pro tanto.
11. LIABILITY NONCUMULATIVE.
It is exppressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company may pay 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 hereafter executed by an insured and
which is a charge or lien on the estate or interest described or referred to in Schedule
A, and the amount so paid shall be deemed a payment under this policy to the
insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
that the insured claimant would have had against any person or property in respect
to the claim had this policy not been issued. If requested by the Company, the
insured claimant shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of subrogation. The
insured claimant shall permit the Company to sue, compromise or sett le in the name
of the insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that
act shall not void this policy, but the Company, in that event, shall be required to pay
only that part of any losses insured against by this policy that shall exceed the
amount, if any, lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranti2s, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments that provide for subrogation rights by
reason of this policy.
14. ARBITRATION. 1
Unless prohibited by applicable law or unless this arburation section is deleted
by specific provision in Schedule B of this policy, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. 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 of the Company in connection with its
issuance or the breach of a policy provision or other obligation. All arbitrable
matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at
the request of either the Company or the insured, unless the insured is an individual
person (as distinguished from a corporation, trust, partnership, association or other
entity). All arbitrable matters when the Amount of Insurance is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Insured. Arbitration pursuant to this policy and under the Rules in effect on the date
the demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The award may include
attorney's fees only if the laws of the state in which the land is located permit a court
to award attorney's fees to a prevailing party. Judgment upon the award rendered
by the Arbitrators) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire polic-`1 contract between the insured and the Company' 16
interpreting any provision of leis policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or By
any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsement hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, contact the agent or write to the Company that issued the policy. If the problem
is not resolved, you also may write the Texas Department of Insurance, P.O. Box
149091, Austin, TX 78714-9091, Fax No. (512) 475-1771. This notice of complaint
procedure is for information only and does not become a part or condition of this
policy.
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Schedule A
OWNER POLICY OF TITLE INSURANCE
Issued by
STEWART TITLE GUARANTY COMPANY
POLICY No. 0-5841-228428
Policy Date : December 3, 2003 at 3:30 pm
Policy Amount : $10,300.00
Premium : $258.00
1. Name of Insured :
CITY OF DENTON, TEXAS
2. The estate or interest in the land that is covered by this policy is
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in
CITY OF DENTON, TEXAS
4. Legal Description of land :
GF No. 231600
Being all that certain tract or parcel of land situated in the NATHANIEL BRITTON SURVEY ABSTRACT NUMBER
51, Denton County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part
hereof for all purposes.
THIS POLICY IS VALID ONLY IF INSURING PROVISIONS AND SCHEDULES A AND B ARE ATTACHED
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER
Schedule A of this Policy consists of 1 page(s)
Texas ForrnT-1 STEWART TITLE GUARANTY COMPANY
Owner Policy of Title Insurance
EXHIBIT "A"
Description k
0.08 Acre
All that certain tract or parcel of land situated in Nathaniel Britton ' ,
Survey, Abstract -Numli-er 51, Denton County, Texas, and being :a part of a
called 65.504 acre tract of land described in the partition deed recorded
in Volume 2522, Page 898, Real Property Records of Denton County,
Texas, and being more particularly described as follows:
Be inning at a 2" pipe found at the South Southeast corner of said
6504 acre tract and in Creekdale Drive;
Thence North 89 Degrees 17 Minutes 03 Seconds West with the South line
of said 65.504 acre tract, a distance of 80.20 feet to a 1/2" iron rod
found at the Southwest corner of said 65.504 acre tract and at the
Southeast corner of a called 31.51 acre tract of.land described in a deed .
to Denton Thistle Hill Partners, L.P. as recorded in Volume 5196, Page
3818, Real Property Records of Denton County, Texas;
Thence North with the West line of said 65.5044 acre tract and with the
East line of said 31.51 acre tract, a distance of 45.05 feet to a 1/2"
capped iron rod set for the Northwest corner of the herein described
tract;
Thence South 87 Degrees 30 Minutes 30 Seconds East, a distance of
79.83 feet to a 1/2" capped iron rod set for corner at the Southwest
corner of Lot 37, Block J of Ryan Ranch Phase II, an addition to the
City of Denton, Denton County, Texas, according to the plat thereof
recorded in Cabinet T, Page 333, Plat Records of Denton County, Texas
and in the East line of said 65.504 acre tract and also in the North
Right-of-Way line of said Creekdale Drive;
Thence South QO Degrees 35 Minutes 59 Seconds East with the said East
line, a distance of 42.58 feet to the POINT OF BEGINNING and containing
0.08 acre of land.
THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
Schedule B
OWNER POLICY OF TITLE INSURANCE
Issued by
STEWART TITLE GUARANTY COMPANY
POLICY No. 0-5841-228428 GF No. 231600
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of the teens and conditions of the leases and easements, if any, shown in Schedule A, and the following
matters :
1. The following restrictive covenants of record itemized below (the Company must either insert specific
recording data or delete this exception)
Item No. 1 is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or
any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
governments or other entities.
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans,
or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement
along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2004 and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or
ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous
owner of the property under Section 11.13,Texas Tax Code, or because of improvements not assessed for a
previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (the
Company must insert matters or delete this exception) :
a. All visible and apparent easements or uses and all underground easements or uses, the
existence of which may arise by unrecorded grant or by use.
THIS POLICY IS VALID ONLY IF INSURING PROVISIONS AND SCHEDULES A AND B ARE ATTACHED
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER
Schedule B of this Policy consists of 2 page(s)
Texas FormT-1 STEWART TITLE GUARANTY COMPANY
Owner Policy of Title Insurance
Schedule B
OWNER POLICY OF TITLE INSURANCE
Issued by
STEWART TITLE GUARANTY COMPANY
POLICY No. 0-5841-228428 GF No. 231600
b. Rights of third parties with respect to those portions of the subject property which lies within
the boundaries of a public or private road.
c. Rights of parties in possession and rights of tenants in possession under any unrecorded
leases or rental agreements.
d. Mineral lease granted by MELBAGENE RYAN to NATIONSGAS PARTNERS LLC described
in instrument filed August 21, 2002, recorded under Volume 5154, Page 1672, Real Property
Records of Denton County, Texas. As affected by Release and Subordination Agreement filed
September 19, 2003, recorded under Volume 5421, Page 6250, Real Property Records of
Denton County, Texas and filed September 25, 2003, recorded under Volume 5425, Page
3208, Real Property Records of Denton County, Texas.
e. Section 14 of the Conditions and Stipulations of this Owner Policy is hereby deleted.
THIS POLICY IS VALID ONLY IF INSURING PROVISIONS AND SCHEDULES A AND B ARE ATTACHED
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER
Schedule B of this Policy consists of 2 page(s)
Texas ForrnT-1 STEWART TITLE GUARANTY COMPANY
Owner Policy of Title Insurance