2002-353O IN CE NO. O0 -db-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL
ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND E. J. DANE,
RELATING TO THE PURCHASE OF AN APPROXIMATE 0.2383 ACRE TRACT OR
PARCEL OF LAND BEING A PART OF LOT 4, BLOCK A OF THE BLOUNT
ADDITION, AN ADDITION TO THE CITY OF DENTON, FOR USE AS A
DRAINAGE CHANNEL; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute
a Real Estate Contract between the City and E. J. Dane, in substantially the form of the
Real Estate Contract which is attached hereto and made a part of this ordinance for all
purposes, for the purchase of approximately 0.2383 acre for use as drainage.
SECTION 2. The City Manager, or his designee, is authorized to make the
expenditures as set forth in the attached Real Estate Contract.
SECTION 3.
passage and approval.
PASSED AND APPROVED this the
This ordinance shall become effective immediately upon its
3- ,of 2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY ~~.~1
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by E. J. Dane (hereinafter
referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule
municipality, of Denton, Denton County, Texas, (hereinafter
referred to as "Purchaser"), upon the terms and conditions set
forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser
hereby purchases and agrees to pay for all that certain tract,
lot or parcel of land described in "EXHIBIT A", attached herein,
with all rights and appurtenances pertaining to the said
property, including any right, title and interest of Seller in
and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being hereinafter
referred to as the "Property"), together with any improvements,
fixtures, and personal property situated on and attached to the
Property, for the consideration and upon and subject to the
terms, provisions, and conditions hereinafter set forth.
PURCHASE PRICE
1. Amount of Purchase Price.
the Property shall be the
and No Cents ($50,000.00)
The total purchase price for
sum of Fifty Thousand Dollars
(the "Purchase Price").
2. Payment of Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby are subject to the satisfaction
of each of the following conditions any of which may be waived in
whole or in part by Purchaser at or prior to the closing.
1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a
owner's policy co~itment (the "Commitment") accompanied by
copies of all recorded documents relating to easements, rights-
of-way, etc., affecting the Property. Purchaser shall give
Seller written notice on or before the expiration of ten (10)
days after Purchaser receives the Commitment that the condition
of title as set forth in the Commitment is or is not
satisfactory. In the event Purchaser states the condition of
title is not satisfactory, Seller shall, at Seller's option,
promptly undertake to eliminate or modify all unacceptable
matters to the reasonable satisfaction of Purchaser. In the
event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes; otherwise, this condition shall be
deemed to be acceptable and any objection thereto shall be deemed
to have been waived for all purposes.
2. Survey. Purchaser may, at Purchaser's sole cost and
expense,-obtain a current survey of the Property, prepared by a
duly licensed Texas land surveyor acceptable to Purchaser. The
survey shall be staked on the ground, and shall show the location
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and shall contain the
surveyor's certification that there are no encroachments on the
Property and shall set forth the number of total acres comprising
the Property, together with a metes and bounds description
thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day
period, give Seller written notice of this fact. Seller shall,
at Seller's option, promptly undertake to eliminate or modify the
unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Seller is unable to do
so within ten (10) days after receipt of written notice,
Purchaser, at its option may elect to terminate this Agreement
(in which event this Agreement shall be null and void), grant
Seller additional time to cure, or proceed to closing.
Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
PAGE 2
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed
made by Seller to Purchaser also as of the closing date:
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
parties.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condenunation or similar proceeding or
assessment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller is any
such proceeding or assessment contemplated by any governanental
authority.
3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property. Such
toxic or hazardous wastes or materials include, but are not
limited to, hazardous materials or wastes as same are defined by
the Resource Conservation and Recovery Act (RCP~A), as alaended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as amended.
CLOSING
The closing shall be held at the office of Texas Title
Company, 2215 S. Loop 288, Suite 320, Denton, Texas 76205 on or
before November 15, 2002, or at such title company, time, date,
and place as Seller and Purchaser may mutually agree upon (which
date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
Seller's Requirements. At the closing Seller shall:
A. Deliver to the City of Denton a duly executed
PAGE 3
and
acknowledged General Warranty Deed conveying good and
marketable title in fee simple to all of the Property,
free and clear of any and all liens, encumbrances,
conditions, assessments, and restrictions, except for the
following:
1. General real estate taxes for the
year of closing and subsequent years not
yet due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Seller's sole expense, issued by Texas Title
Company, Denton, Texas, (the "Title Company"), or such
title company as Seller and Purchaser may mutually agree
upon, in Purchaser's favor in the full a/nount of the
purchase price, insuring fee simple title for the City of
Denton to the Property subject only to those title
exceptions listed in Closing Requirements hereof, such
other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Policy of Title
Insurance, provided, however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Purchaser;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
3. The exception for taxes shall be
limited to the year of closing and shall
be endorsed "Not Yet Due and Payable";
and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
PAGE 4
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Requirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds.
3. Closing Costs. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs and expenses of closing in consun~nating the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser, except for Seller's attorney fees.
REAL ESTATE COMMISSION
Seller and Purchaser represent and warrant to each other that
neither has retained a broker for this transaction and that there
are no broker or real estate fees due as a result of the
consummation of this contract.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail to consuar~ate the
sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
BREACH BY PURCHASER
In the event Purchaser should fail to consunumate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
MISCELLANEOUS
1. AssigD-ment of Agreement. This Agreement may be assigned
by Purchaser without the express written consent of Seller.
PAGE 5
2. Survival Of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as any
rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the signature of the party.
4. Texas Law to Apply. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable
in Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to- the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as
if the invalid, illegal, or unenforceable provision had never
been contained herein.
7. Prior Agreements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the
parties respecting the within subject matter.
8. Time of Essence. Time is of the essence in this
Agreement.
9. Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in
the singular ntunber shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Memorandum of Contract. Upon request of either party,
both parties shall promptly execute a memorandu/n of this
Agreement suitable for filing of record.
PAGE 6
11. Compliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that
it should be furnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection.
12. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within ten (10) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller~
13. Effective Date. The term "Effective Date" means the
latter of the dates on which this Contract is signed by either
Sellers or Purchaser, as indicated by their signature below. If
the last party to execute this Contract fails to complete the
date of execution below that party's signature, the date the
Title Company acknowledges receipt of a copy of this fully
executed_contract is the Effective Date.
IN WITNESS WHEREOF, Seller and Purchaser have executed this
contract as follows:
SELLER:
PURCHASER:
CITY OF DENTON, TEXAS:
BY:
215 E. McKinney
Denton, Texas 76201
PAGE 7
APPROVED AS TO FORM:
CITY ATTORNEY /
ClTY~EXAS
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DENTON
Thins ins~rment is acknowledge__d b~fo~e me, on this day of
~//,441~,,W/,~.,./~,J , 2002 by .~.iO~c.~.~cf-~.%.a~.~.W-~'~?f~? City Manager, of
t~ City of Denton, a municipal corporation, known to me to be
the person and officer whose nd/ne is subscribed to the foregoing
instr%unent and acknowledged to me that the sa~e was the act of
the said City of Denton, Texas, a municipal corporation, that he
was duly authorized to perfoz~n the same by appropriate ordinance
of the City Council of the City of Denton and that he executed
the ssane as the act of the said City for purposes and
consideration therein expressed, and in the capacity therein
stated..
Jt~et a~ t~:Pt2 ~:~ CT ~;a;nd~ ~Or
JENNIFER K. WALTER
December 19, 2002
STATE OF TEXAS
COUNTY OF DENTON
This instr%unent is acknowledged before me,
~D~b~l~ , 2002 by E. J. Dane.
on this Iq da7 of
Notary Public in and for
the State of Texas
PAGE 8
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed
Co~tract on day of , 2002.
TITLE COMPANY:
Name:
Address:
Telephone:
Texas Title Company
2215 S. Loop 288, Suite 320
Denton, Texas 76205
940-382-8251
By:
Printed Name:
Title:
PAGE 9
\ LandAmerica
Texas Title
www.txtitle.com
April ]0,2003
Mr. Tod Taylor
City of Denton
601 E. Hickory
Denton, TX 76205
Re: 'Condemnation Action -Affidavit
Dear Mr. Taylor:
Per our discussions, attached please find the Affidavit for the property the City of Denton
purchased from Mr. E. J. Dane. Please review and advise if you need additional
information.
Thank you for your business.
Sincerely,
,-
`ii`-l/ \
Kelli Davie Lo ela
Escrow Officer
~'S. LOOP 288 ~ SUITE 320
DENTON, TEXAS 76205
-- _ _
940 243-2606 FAX 940 243-2677
AFFIDAVIT AS TO FACT
STATE OF TEXAS
COUNTY OF DENTON
I, the undersigned Affiant, being of sound mind, over the age of 18 years and able
to make this Affidavit having personal knowledge of_ the facts contained- herein; do
herebyswear and affirm to the following:
1• I am an employee of Texas Title Company, a title insurance company,
licensed to do business in Denton County, Texas and am acting manager of
the office located at 2215 South Loop 288, Suite 320, Denton, Texas.
2. In my capacity as acting manager, I have access to certain closed files that
were handled by prior employees of Texas Title. One such file involved a
contract to purchase certain real property by and between E.J. Dane, as Seller
and the City of Denton, as Purchaser.
3• The contract provided that Title Company acknowledge receipt of the fully
executed contract. However, the Title Company employee responsible for
closing such transaction inadvertently failed to execute such acknowledgment.
The title company employee is no longer employed with the Company.
However, based upon a review of the documentation contained in the file, I
can swear and affirm that the document attached as Exhibit "A" hereto is a
true and correct copy of the Contract of Sale contained within the file and
records of Texas Title Company with respect . to the sale of that certain
property described as
All that certain tract of land lying and being situated in the William Loving
Survey, Abstract 759, City and County of Denton and being part of Lot 4,
Block A, BLOUNT ADDITION, an addition to the City of Denton, according
to the Plat thereof recorded in Volume 75, page 54, Deed Records, Denton
County, Texas and being a part of the Third Tract as described in a deed from
James Leon McNatt to Phillip Clemente on December 20, 1970, recorded in
Volume 625, Page 180, Deed Records of Denton County, Texas, and being
more particularly described as follows:
Beginning at a steel pin at the Northeast corner of Lot 4, Block A
ofsaid addition;
Thence S 0° 55' W 74.0 feet to a steel pin;
Thence N 89° 39' W 139.71 feet to an "x" cut in a concrete
drainage channel on the East boundary line of Wainwright Street;
Thence N 0° 00' S0" E with the East boundary line of
Wainwright Street 74.0 feet to a steel pin at a fence comer;
Thence S 89° 39' E with a fence 140.88 feet to-the-place of
- - - beginning, containing in all 1 Q382.50 squaze feet or 0.2383 acres
of ]and.
Further, the file contains documentation that is consistent with completing the
sale of the property pursuant to the terms of the Contract. See attached as
Exhibit "B" hereto, a true and correct copy of the Wan•anty Deed transferring
title from E. J. Dane to the City of Denton.
4• Further Affiant sayeth not.
DATED: April 10, 2003
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
The foregoing instrument was SWORN TO AND ACKNOWLEDGED by Kelli
Davie Lovelace, authorized agent of Texas,Title Company on this-the 10`~ dayof April,
2003. -
Notary Pub~'o, State ofTexas
r;'`~:; ~,,%
4 =_ AMY PIUNKEii
_ Notary Public, State of Texas
;~1~ y.~ - My Commission Expires
'%%~„tom ~'`~ December 27, 2006
Acting Manager
Texas Title Company, Denton, Texas
~,,
Memo
To: Jennifer Walters
- from:Tod J. Taylor
Date: July 29, 2003
Re: 627 Wainwright Street- Real Estate Contract-Affidavit
Jennifer:
The title company would not sign the Acceptance and Acknowledgment page because the
closer who handled the closing no longer works for the title company. However, they agreed
to provide an Affidavit as to Fact instead.
Sorry for not getting this to you sooner. Call me at X8915 with any questions.
Tod Taylor
Exhibit ~A"
All that certain tract of land lying and being situated in the
William Loving Survey, Abstract 759, City and County of Denton
and being part of Lot 4, Block A, BLOUNT ADDITION, an addition to
the city of Denton, according to the Plat thereof recorded in
Volume 75, Page 54 Deed Records, Denton County, Texas and being a
part of the Third Tract as described in a deed from James Leon
McNatt to Phillip Clemente on December 28, 1970, recorded in
Vol%une 625, Page 180, Deed Records of Denton County, Texas and
being more particularly described as follows:
Beginning at a steel pin at the Northeast corner of Lot 4, Block
A of said addition;
Thence S 0° 55' W 74.0 feet to a steel pin;
Thence N-89° 39' W 139.71 feet to an ~X" cut in a concrete
drainage channel on the East boundary line of Wainwright street;
Thence N 0° 00' 50" E with the East boundary line of Wainwright
Street 74.0 feet to a steel pin at a fence corner;
Thence S 89° 39' E with a fence 140.88 feet to the place of
beginning, containing in all 10,382.5 square feet or 0.2383 acre
of land.
PAGE 10
5235
01-21-03Al1:35 RCVD
GENERAL WARRANTY DEED
Date:
2002
Grantors: E. J. Dane
Grantee: City of Denton
Grantee's Mailing Address (including county):
City of Denton
601 East Hickory Street
Denton, Texas 76205
Denton, County
Consideration:
FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) and
other good and valuable consideration.
P~operty (incLuding any improvements):
Being a 0.2383 acre parcel of land situated in the Wm. Loving
Survey, Abstract No. 759, Denton County, Texas, being more
particularly described in "EXHIBIT A" attached hereto and by this
reference being made a part hereof for all purposes.
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 and conveyances, tha~ affect the property.
GRANTOR , for the consideration, receipt of which is hereby
acknowledged, and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and to hold
it to GRANTEE, GRANTEE'S, successors or assigns forever. GRANTOR
binds GRANTOR and GRANTOR'S heirs, executors, administrators and
successors to warrant and forever defend all and singular the
property to GP~a-NTEE and GRANTEE'S, successors and assigns against
every person whomsoever lawfully claiming or to claim the same or
any part thereof, except as to the reservations from and
exceptions to conveyance and warranty.
35
When the context requires, singularnouns and pronouns
include the plural.
GRANTOR:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on
2002 by E. J. Dane.
Notary Public in and for
the State of Texas
LEGAL DESCRIPTION
For a portion of Lot 4, Block A
BLOUNT ADDITION
Denton, Denton County, Texas
5235
Being all that certain tract, pamel or lot of land out of Lot 4, Block A, BLOUNT ADDITION, an
addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in
Volume 75, Page 54, Deed Records, Denton County, Texas and the tract described by deed
recorded in Volume 4638, Page 2319, Real Property Records Denton County, Texas and more
particularly described as follows::
BEGINNING at a one-half inch iron rod found for the southeast comer of Lot 3, the northeast
corner of Lot 4, Block A, BLOUNT ADDITION and in the west line of Graham Street, (now
undeveloped);
THENCE: with the said west line of Graham Street, S 0°54, W, a distance of 74.0 feet to a five-
eights inch iron rod set for a corner;
THENCE: with the north line of Lot 5A, Block A, BLOUNT ADDITION, an addition to the City of
Denton, Denton County, Texas according to the revised plat thereof recorded in Cabinet B,
Slide 283 Plat Records of Denton County, Texas, N 89°38'W, a distance of 140. 1 feet to a
point for corner in a drainage channel; from which a PK nail set bears N 87° 55' W, 20.0 feet;
THENCE: with the east fine of Wainwright Street; N 0003, W, a distance of 74.0 feet to a one-
half inch iron rod found for a comer in the south line of Lot 3, Block A, BLOUNT ADDITION;
THENCE: with the said south line of Lot 3, Block A, S 89°38'E, a distance of 141.3 feet to the
Place of Beginning and containing O. 2391 acres of land more or less as surveyed by john nail
jr rpls #1970 during the month of October and November 2002.
02 50
DEC 1 8 ZOO2
Filed for Record in:
DENTON COUNTY. TX
CYNTHIA MITCHELL, COUNTY CLERK
On Dec t8 2002
At l:23pm
Receipt #: 71192
Recording: 9.00
Doc/Ngmt : 6.00
Doc/Num : 2002-R0162980
Doc/Type : ND
Deputy -ELIZABETH
LandA nerica
LandAmerica Financial Group, Inc.
Production Center
1801 Big Town Boulevard, Suite 100
Mesquite, TX 75149
June 3, 2003
CITY OF DENTON, TEXAS
601 E. HICKORY ST.
DENTON, TX 76205
Re:
Our File Number: 02 DE 141837-H
Closer: Stacie Holbert
Dear Policyholder(s):
In connection with the above captioned transaction, we enclose herewith
LAWYERS TITLE INSURANCE CORPORATION Owner's Title Policy No. 141837.
It has been a pleasure to handle this transaction for you. If you should
have any questions, please contact the Texas Title office at
940-382-8251.
Very truly yours,
TEXAS TITLE COMPANY
Policy Department
skb
Enclosure
TEY~AS RESIDENTIAL OWNER POLICY OF TITLE
ISSUED BY INSURANCE ONE-To-FOUR FAMILY RESIDENCES
)oration
OWNER'S COVERAGE STATEMENT
This Policy insures your title to the land described in Schedule A - if that land is a one-to-four family residential
)mperty o;' condominium unit.
Your insurance, as described in this Coverage Statement is effective on the Policy Date shown in Schedule A.
This document is title insurance. It is not an opinion or report of your title. It is a contract of indemnity, meaning a
~romise to pay you or take other action if you have a loss resulting from a covered title risk.
Your insurance under this contract is limited by the following:
· Exclusions on page 2.
· Exceptions in Schedule B, page 4.
· Conditions on pages 2 and 5.
We insure you against actual loss resulting from:
· Any title risks covered by this Policy-- up to the Policy Amount, and
· Any costs, attorneys' fees and expenses we have to pay under this Policy. We must approve the attorney before
the attorney begins to work. You have the right to disapprove our choice of attorney for reasonable cause.
OUR DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in the part or parts of a court case involving a Title Risk covered by this Policy. We will pay
the costs, attorneys' fees, and expenses that we incur in that defense. We will not pay for the parts of a case not
involving a covered title risk. You may disapprove our choice of attorney for reasonable cause.
We can end this duty to defend your title by exemising any of our options listed in Item 4 of the Conditions, see page 5.
This Policy is not complete without Schedules A and B.
LAWYERS TITLE INSURANCE CORPORATION
Dated
Authorized Officer or Agent
(~~1~7' ~ Presidenl
Page 1
Residential Owner Policy of Title Insurance T-1R
Form 1186-13 ORIGINAL
TABLE OF CONTENTS
OWNER'S COVERAGE STATEMENT ............................ 1
COVERED TITLE RISKS ........................................ 2
OUR DUTY TO DEFEND AGAINST COURT CASES ............. 1
SCHEDULE A ................................................... 3
POLICY NUMBER, DATE AND AMOUNT ......................... 3
1. Name of Insured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE B - EXCEPTIONS ................................... 4
EXCLUSIONS ................................................... 2
CONDITIONS .............................................. 2 and 5
1. Definitions ................................................. 2
2. Continuation of Coverage .................................. 2
3. Your Duties if You Make a Claim ..................... 2 and 5
4. Our Choices When You Notify Us of a Claim ................ 5
5. Handling a Claim or Court Case ............................ 5
6. Limitation of Our Liability ................................... 5
7. Transfer of Your Rights .................................... 5
8. Arbitration ................................................. 5
9. Entire Contract Provision ................................... 5
10. Complaint Notice .......................................... 5
COVERED TITLE RISKS
This Policy covers the following title risks subject to the Exceptions
(Schedule B, p. 4) and Exclusions (p. 2), if they affect your title to
the land on the Policy Date. We do not promise that there are no
covered risks. We do insure you if there are covered title risks. 1. Someone else owns an interest in your bric.
2. A document is invalid because of improper signature,
acknowledgment, delivery, or recording.
3. A document is invalid because of forgery, fraud, duress,
incompetency, incapacity or impersonation.
4. Restrictive covenants apply to your title.
5,There is a lien on your title because of:
· a mortgage or deed of trust,
· a judgment, tax, or special assessment, or
· a charge by a homeowner's or condominium, association.
6. Ther~ are liens on your title for labor and material which
have their inception before the policy date. However, we
will not cover liens for labor and r~aterial that you agreed to
pay for.
7. Others have rights in your title arising out of leases,
contracts or options.
Someone else has an easement on your land.
9. You do not have good and indefeasible title.
10. There are other defects in your title.
11. There are other liens or encumbrances on your title.
This Policy also covers the followinq title risk:
You do not have any legal right of access to and from the land.
EXCLUSIONS
In addition to the Exceptions in Schedule B, we do not insure you
against loss, costs, attorneys' fees, and expenses resulting from
these Exclusions:
1. We do not cover loss caused by the exercise of governmental
police power or the enfo~'cement or violation of any law or
government regulation. This includes building and zoning
ordinances and laws and regulations concerning:
a. Land use ,
b. Improvements on the land
c. Land division
d. Environmental protection
This exclusion does not apply to notices of violations or notices of
enforcement that appear in the public records at Policy Date.
However, there may be an Exception in Schedule B.
2. We do not cover the right to take the land by condemning it,
unless:
a. a notice of exercise of the right appears in the public records
on the Policy Date, or
b. the taking happened before the Policy Date and is binding
on you if you bought the land without knowing of the taking.
3. We do not cover title risks:
a. that are created, allowed, or agreed to by you,
b. that are known to you, but not to us on the Policy Date
unless they appeared in the public records,
c. that result in no loss to you, or
d. that first affect your title after the Policy Date - this does not
limit the labor and material lien coverage in Item 6 of the
Covered Title Risks.
4. We do not cover the effect of failure to pay value for your title.
5. We do not cover lack of a right:
a. to any land outside the area specifically described and
referred to in Item 3 of Schedule A,
b. in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in the
Covered Title Risks.
6. We do not.cover any claim based upon allegations that your
pumhase of title (or acquisition of title by gift or otherwise):
a. was a fraudulent conveyance, fraudulent transfer, voidable
distribution, or voidable dividend;
b. should be subordinated or recharacterized as a result of
equitable subordination;
c. was a preferential transfer unless
(1) the Company or its issuing agent failed to timely file for
record the deed to you after delivery or
(2) the recordation of the deed to you is not legal record
notice
(We do cover the two types of claims described in c. (1)
and c. (2) above.)
7. We do not cover the refusal of any person to buy, lease or lend
money on your land because of unmarketability of the title.
8. We do not cover claims concerning the physical condition of
your land or of the access to your land.
CONDITIONS
1. DEFINITIONS
a. Actual Loss. This is the difference between the value of
your land without the covered title risk and the value of your
land with the covered title risk. These values are the
respective values at the time you must furnish proof of your
loss.
b. Document. A deed or other conveyance of title to you or a
prior owner.
c. Easement. A portion of your land someone else has the
right to use for a special purpose.
d. Government Regulation. Any federal, state, or local law,
constitutional provision, regulation, ordinance, or guideline.
e. Land. The land or condominium unit described in Schedule
A and any improvements on the land that are real property.
f. Knowledge or known. Actual knowledge not constructive
knowledge or notice that may be imputed to an insured by
the public records.
g. Mortgage. A type of lien on the land such as a deed of trust
or other security instrument.
h. Public Records. Those records required by Texas law and
maintained by public officials in the county where the
property is located that give legal notice of matters affecting
your title.
I. Title. The ownership interest in the land, as shown in
Schedule A.
J. We, us or our. The title insurance company. This is
Lawyers Title Insurance Corporation.
k. You, your. The insured.
2. CONTINUATION OF COVERAGE
We insure you as long as you:
a. own your Title,
b. own a mortgage from anyone who buys your Title, or
c. are liable for any Title warranties you make.
We insure anyone who receives your title because of your death.
We do not insure your transferee or assignee.
3. YOUR DUTIES IF YOU MAKE A CLAIM
You must follow this process to make a claim:
a. You Must Give Us Notice of your Claim
If anyone claims a rights against your insured title, you must
notify us promptly.
Send the notice to Lawyers Title Insurance Corporation,
7557 Rambler Road, Suite 1200, Dallas, TX 75231, or call
1-800-442-7067 and ask for a claims attorney. If you initially
notify us by phone, we recommend that you also notify us in
writing. Please include the Policy number shown in
Schedule A, and the county where the land is.
Our obligation to you is reduced or ended if:
(1) you fail to give prompt notice, and
(2) your failure affects our ability to dispose of or to defend
you against the claim.
Our obligation is reduced only to the extent that your failure affects
our ability to dispose of or to defend you against the claim.
CONTROL NUMBER B 0 CI - 0 0 CI 3 .]. 8 5
Page 2
0141837 L 121 $
000.00 $****556.00 1000
CASE NUMBER
2002 DE 141837-H (400)/skb
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF
POLICY
12/18/2002
AMOUNT OF
INSI/RANCE
$*****50,000.00
POLICY NUMBER
0141837
2.
3.
4.
SCHEDULE A
Name of Insured:
CITY OF DENTON
The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
Title to the estate or interest in the land is insured as vested in:
CITY OF DENTON
The land referred to in this policy is described as follows:
BEING all that certain tract of land lying and being situated in the .
WILLIAM LOVING SUR~EY, ABSTRACT 759, Clty and Cqu~.ty of DENTOg and being
part of Lot 4, Block A. BLOUNT ADDITION, an addltlon to the City qf Dentqn,
according to the Plat thereof recorded in Volume 75, Page 54, Deeg Recgras,
DENTON County, Texas and being a par~ of. the Third tracf, as ~sc~½~d ina
Deed from James Leon McNatt to Ph~ll~p C±emente on December ~,
recorded in Volume 625, Page 180~ Dee~ Records of DENTON County, Texas and
being more particularly describea as follows:
BEGINNING at a steel pin at the Northeast corner of Lot 4, Block A of said
addtion;
THENCE South 0 degrees 55 minutes West 74.0 feet to a steel pin;
THENCE North 89 degrees 39 minutes West 139.71 feet to an "X" cut in a
concrete drainage channel on the East boundary line of Wainwright Street;
THENCE North 0 degrees 00 minutes 50 seconds East with the East boundary
line of Wainwrighf Street 74.0 feet to a steel pin at a fence corner;
THENCE South 89 degrees 39 minutes East with a fence 140.88 feet to the
PLACE OF BEGINNING, CONTAINING in all 10,382.5 square feet or 0.2383 acre
of land, more or less.
Texas Owner's Policy T-1
Schedule A
Countersigned
(Rev. 1-1-93)Texas Owner's
AMERICAN TITLE COMPAigY
Valid Only If Schedule B
And Cover Page Are Attached
LAWYERS TITLE INSUP3~NCE CORPORATION
.....................
O~NER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2002 DE 141837-H (400)/skb 12/18/2002 0141837
SCHEDULE B
This policy does not insure against loss or damage (and the ComDany will
not pay costs, attorney's fees or expenses) that arise by reason of%he terms
and conditions of the leases or easements insured, 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 i OF SCHEDULE B IS HEREBY DELETED IN ITS ENTIRETY.
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 no~ %imited to,
persons, the pubIic, corporations, government or other ent~t~es,
a. to tidelands, or lanas comprising the shores or beds o[ navigable or
Dereunial rivers and streams lakes, bays, ~ulfs or oceans, or .
b. %o lands beyond the line of the harbor or bulkhead lines as established
or changed by any government, or
c. to filled-in lanas, or artificial islands, or
d. to statutory water rights, including riparian ri~ts, or
e. to the area extending from the line of mean low E~de to the line of
vegetation, or the r~ght 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
2002 , and subsequent years; and subsequent ta~.es and assessments by .any
taxing authority for prior years due to change in land usage or ownersh%p,
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 (We must insert matters or delete this exception.):
Rights of tenants in possession, as tenants only, under any unrecorded
rental or lease agreements.
Easements, or claims of easements, which are not recorded in the public
records.
Rights of parties in possession.
Texas Owner's Policy T-1 (Rev. 1-1-93)Texas Owner's Valid Only If Schedule A
Schedule B And Cover Page Are Attached
You Must Give Us Proof of Your Loss if We Request It
You must send to us, if we request, your signed proof of loss
within 91 days of our request on a standard form supplied by
CONDITIONS - continued
6. LIMITATIONS OF OUR LIABILITY
Our liability is limited by the following:
a. We will pay up to your actual loss or the Policy Amount in
force when the claim is made - whichever is less.
b. If we remove the claim against your title with reasonable
diligence or take other action under this policy after receiving
notice of it, we will have no further liability for it.
c. All payments we make under this policy - except for costs,
attorneys' fees and expenses - will be subtracted from your
Policy Amount.
d. If the Covered Title Risk is an easement, we may pay an
insured mortgage holder instead of paying you when a
written agreement between you and the mortgage holder
allows. If the claim involves another Covered Title Risk, we
may pay the mortgage holder instead of paying you. The
amount paid to the mortgage holder is considered a payment
to you under your policy and will be subtracted from your
policy amount.
e. If you do anything to affect any right of recovery or defense
you may have, we can subtract from our liability the amount
by which you reduced the value of that right or defense. But
we must add back to our liability any amount by which our
expenses are reduced as a result of your action.
us. Within 15 days after we receive your notice of claim, we
must request a signed proof of loss. If not, we waive our
right to ~equire a proof of loss. This waiver will,not waive our
other rights under the policy. The statement must have the
following information to the best of your knowledge:
(1) the Covered Title Risks which resulted in your loss,
(2) the dollar amount of your loss, and
(3) the method you used to compute the amount of your
loss.
c. You Must Provide Papers We Request.
· We may require you to show us your records, checks,
* letters, contracts, and other papem that relate to your claim
of loss. We may make copies of these papers.
If you tell us this information is confidential, we will not
disclose it to anyone else unless we reasonably believe the
disclosure is necessary to administer the claim.
d. You Must Answer Questions Under Oath.
We may require you to answer questions under oath.
e. Effect of Failure to Cooperate.. ·
Our obligation to you reduces or ends if you fail or refuse to:
(1) (a) provide a statement of loss,
(b) answer our questions under oath, or
(c) show us the papers we request, and
(2) your failure or refusal affects our ability to dispose of or
to defend you against the claim.
4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM
a. After we receive your claim notice or in any other way learn
el a matter for which we are liable, we can do one or more of
the following:
(1) Pay the claim against your title.
(2) Negotiate a settlement.
(3) Prosecute or defend a court case related to the claim.
(4) Pay you the amount required by this Policy.
(5) Take other action under Section 4b. .
(6) Cancel this policy by paying the Policy Amount, then in
force, and only those costs, attorneys' fees and
expenses incurred up to that time that we are obligated
to pay.
We can choose which of these to do.
b. If you report to us that a covered title risk exists, we will
promptly investigate to determine if that covered title risk is
valid and not barred by law or statute. A covered title risk is
a title risk that this Policy does not exclude or except.
If we conclude that your claim, or any part of your claim, is
covered by the policy, we will take one or more of the following
actions to the extent that it is covered:
(1) Institute all necessary legal proceedings to clear the
title to the properS/;
(2) Indemnify you pursuant to the terms of the policy;
(3) Issue a new title policy without making exception to the
covered title risk. If another insurer issues the new title
policy to your pumhaser, lender or other transferee
without making exception to the covered title risk, we will
indemnify the other insurer.
(4) Secure a release of the covered title risk.
c. If we deny your claim, or any part of your claim, not more
than 15 days after we deny the claim, we will:
(1) notify you in writing, and
(2) give you the reasons for denial of your claim in writing.
5. HANDLING A CLAIM OR COURT CASE
You must cooperate with us in handling any claim or court case and
give us all relevant information.
We must repay you only for those settlement costs, attorneys' fees
and expenses that.we approve in advance.
When we defend or sue to clear your title, we have a right to choose
the attorney. You have the right to disapprove our choice of
attorney for reasonable cause. We can appeal any decision to the
highest court. We do not have to pay your claim until your case is
finally decided. We do not agree that the matter is a covered title
risk by defending.
7. TRANSFER OF YOUR RIGHTS
When we settle a claim, we have all the rights you had against any
person or property related to the claim. You must transfer these
rights to us when we ask, and you must net do anything to affect
these rights. You must let us use your name in enforcing these
rights.
We will not be liable to you if we do not pursue these rights or if we
do not recover any amount that might be recoverable.
With the money we recover from enforcing these rights, we will pay
whatever part of your loss we have not paid. We have a right to
keep what is left.
8. ARBITRATION.
If it is permitted under Texas or federal law, you and we may agree
to arbitration when you file a claim.
The arbitration may decide any matter in dispute between you end
US.
Arbitration is one means of alternative dispute resolution. It may
lessen the time and cost of claims settlement. You may wish to
consider another form of mediation or use the court system. If you
choose arbitration, you may give up some discovery rights and your
right to sue.
The arbitration award may:
a. include attorneys' fees if allowed by state law, and/or
b. be entered as a judgment in the proper court.
The arbitration shall be under the Title Insurance Arbitration Rules of
the American Arbitration Association. You may choose current
Rules or Rules in existence on Policy Date.
The law used in the arbitration is the law of the place where the
property is located.
You can get a copy of the Rules from us.
9. ENTIRE CONTRACT PROVISION
This policy and any endorsements we attach are the entire contract
between you and us.
Any claim you make against us must be under this Policy and is
subject to its terms.
10. COMPLAINT NOTICE
Should any dispute arise about your premium or about a claim that
you have filed, contact the agent or write to us. OUR TOLL-FREE
NUMBER IS 1-800-442-7067. If we do not resolve the problem, you
also may write the Texas D~partment of Insurance, P.O. Box
149091, Austin, TX 78714-9091, Fax No. (512) 475-1771. THE
TOLL-FREE NUMBER FOR THE TEXAS DEPARTMENT OF
INSURANCE IS 1-800-252-3439.
This notice of complaint procedure is for information only. It does
not become a part or condition of this policy.
AMENDMENT TO AGREEMENT
This Amendment to the Agreement is signed to be effective November 5, 2002 by and
-between E.7. Dane, (hereinafter referred to as "SELLER"), and the CITY OF DENTON, TEXAS, a
__homerule municipality (hereinafter-referred to as"PURCHASER",-to wit - - -- -- -- - - -
_. - _ WITNE$SETH ..
WHEREAS, SELLER and PURCHASER entered in_to_ that certain Real Estate Agreement, .
~, -dated Septerriber 1~9, 2002 (the "Agreement"); and ~ ~ ~ i
WHEREAS, SELLER and PURCHASER desire to amend the Agreement as set forth herein; -, - -_
NOW, THEREFORE, in consideration of one dollar and other good and valuable
consideration, including the muhiaLpromises contained herein, the receipt and sufficiency ofwhich
is acknowledged by both parties hereto, SELLER and PURCHASER do hereby agree as follows:
1. Section of the Agreement titled CLOSING shall be changed as follows:
- ... __ _ ...-- - ___ _ . - a. .The closing shall-beheld at the office of Texas Tide Company 2215 South Loop - -
288,Suite 320, Denton, Texas 76205 on or before December 9, 2002, or at such
title company, time, date, and 'place as SELLER and PURCHASER may
mutually agree upon (which date is herein referred to as the "closing date").
2. In every other respect, SELLER and PURCHASER do hereby ratify, adopt, and confirm
. the Agreement and stipulate that same is in full force and effect, and agree to be bound
thereby. This document may be signed by each party on separate copies .of this -
document.
Dated fo be effective as set forth above.
SELLER:
-.
E. J. Dane
PURCHASER:
The City of Denton
By:
- - -- --- - --- --- --- M ael-A. Conduff, Ci y Manager- -'- °- -
_t_
z