2001-019S \Our Doeuments\Ordmances\Ol~Burch Real Estate Ordinance doc
ORdinANCE NO
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND MARVIN C (M C ) BURCH, RICHARD LEE BURCH, AND NELDA
GRACE (BURCH) HACKETT RELATING TO THE PURCHASE OF 2 ACRES OF LAND
AND A 0 136 ACRE ACCESS EASEMENT LOCATED IN THE J SEVERE SURVEY,
ABSTRACT NO 1164, FOR USE AS AN E. LECTRIC SUBSTATION AND RELATED
PURPOSES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract
between the City of Denton and Marvin C (M C ) Burch, Richard Lee Burch and Nelda Grace
(Burch) Hackett in substantially the form of the Real Estate Contract which is attached to and
made a part of tNs ordinance for all purposes, for the purchase of approximately 2 acres of land
and a 0 136 acre access easement for use for use as an electric substation and related purposes
SECTION 2 The City Manager m authonzed to make the expen&tures as set forth m the
attached Real Estate Contract
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED tlusthe c~Cd day of~7~.~7_./~, 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Marvin C (M C ) Burch,
Richard Lee Butch, and Nelda Grace (Butch) Hackett (hereinafter referred to as "Seller")
and CITY OF DENTON, TEXAS, a home rule mumc~pahty, of Denton, Denton County,
Texas, (hereinafter referred to as "Purchaser"), upon thc terms and conditions set forth
herein
PURCHASE AND SALE
1 Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees
to pay for all that certmn tract, lot or parcel of land described in "Exhibit A", attached
herewith, together with all rights and appurtenances pertaining to the said property,
including any right, title and ~nterest of Seller m and to adjacent streets alteys 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 s~tuated on and attached to the Property, for the consideration and upon and
subject to the terms, provmmns, and conditions hereinafter set forth Seller reserves
all oil, gas and other m~nerals on, in, or under the tracts described m "Exh~bit A" and
"Exhibit B", attached herewith, provided that Seller shall have no right of ingress or
egress to surface of the Property described m "Exhibit A" and shall have no right for
surface development involving the extractmn of said oil, gas and other minerals In
ad&t~on any extraction of such oil, gas and other minerals shall not interfere w~th
Purchaser's use and enjoyment of the Property described m "Exhibit A"
2 In ad&tmn, the Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for an regress/egress easement within all that certain
tract, lot or parcel of land described m "Exhibit B", attached herewith, hereinafter
referred to as the "Easement"
PURCHASE PRICE
1 Amount of Purchase Price The purchase price for the Property shall be
the sum of Eighty-Seven Thousand One Hundred and Twenty Dollars and
No Cents ($87,120 0o) The purchase price for the Easement shall be the
sum of Five Thousand Nine Hundred and Twenty-Four Dollars and No
Cents ($5,924 o0) The total Purchase Price shall be Ninety-Three
Thousand Forty-Four Dollars and No Cents(S93,044 00)
2 Payment of Purchase Price The full amount of the Purchase Price shall be
payable in cash at the closing
Page 1 of 9
PURCHASER'S OBLIGATIONS
The obhgatlons of Purchaser hereunder to consummate the transacttons
contemplated hereby are subject to the sattsfactton of each of the following condtttons
any of whmh may be warred m whole or in part by Purchaser at or prior to the closmg
1 Prehm~narg Title Report Within twenty (20) days after the date hereof,
Purchaser, at Purchaser's sole cost and expense, shall have caused the
Tttle Company (heremafter defined) to ~ssue an owner's policy
commitment (the "Commitment") accompamed by coptes of all recorded
documents relating to easements, rights-of-way, etc, affecting the
Property Purchaser shall give Seller written notme on or before the
expiration of ten (10) days after Purchaser receives the Commttment that
the condttton oftttle as set forth m the Commttment ts or is not
satmfactory In the event Pumhaser states the condmon of title is not
satisfactory, Seller shall, at Seller's optton, promptly undertake to
ehmtnate or modify all unacceptable matters to the reasonable satisfactton
of Purchaser
Purchaser understands that Seller ts under no obhgatton to cure any tttle
defects complained of by Purchaser stated in Purchaser's written nottce to
Seller as prowded m th~s paragraph In the event Seller ts unable to do so
w~thln ten (10) days after receipt of written notme, Purchaser, at tts optton
may elect to terminate thts Agreement 0n whmh event thts Agreement
shall be null and vmd), grant Seller addlttonal ttme to cure, or proceed to
closing
2 Survey Purchaser may, at Purchaser's sole cost and expense, obtatn 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 tmpmvements, 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 contmn the surveyor's certification that there are no encroachments
on the Property and shall set forth the number of total acres compnstng the
Property, together w~th a metes and bounds descnptton thereof
Pumhaser will have ten (10) days after receipt of the survey to revtew and
approve the survey In the event the survey ts unacceptable, then
Pumhaser shall within the ten (10) day period, give Seller written nottce of
th~s fact Seller shall, at Seller's option, promptly undertake to ehmtnate
or modtfy the unacceptable portions of the survey to the reasonable
sat~sfacttons of Purchaser In the event Seller is unable to do so wtth~n ten
(10) days after receipt of written notme, Purchaser, at tts optton may elect
Page 2 of 9
to termtnate this Agreement 0n which event thts Agreement shall be null
and votd), grant Seller addtttonal t~me to cure, or proceed to clostng
Studtes Purchaser shall have forty-five (45) days after the date hereof
(hereto called the "Inspection Period") to enter upon the Property, and to
have caused authorized representattves of the Purchaser to enter upon the
Property, to perform a physical ~nspectmn of the Property Purchaser shall
makes its ~nspectlons in good froth and wtth due dthgence Seller hereby
reserves the right to have a representative present at the of maktng any
such mspect~on In the event Pumhaser determtnes, tn Purchaser's sole
and absolute d~scret~on, that the property ns defictent tn any respect,
Purchaser may (as ~ts sole and exclustve remedy) terminate th~s
Agreement by notice tn writing to the Seller at any t~me dunng the
Inspection Period In the event of such term~natton, the part,es shall have
no further right or obhgatton hereunder, except those rights and
obhgat~ons that survtve termtnatton Upon exptratton of the Inspection
Period, Purchaser shall be deemed to have accepted the Property tn tts
present cond~tlon
3 Plattmg Reqmrements Purchaser shall bear all costs and expenses
assomated wtth the platttng reqmrements associated with the Seller's
conveyance of the tract described tn "Exhlbtt A" Any consent by the
Seller that may be necessary to complete said platttng reqmrements shall
not be unreasonably wtthheld
4 Seller's Comphance Seller shall have performed, observed, and comphed
with all of the covenants, agreements, and condittons required by thts
Agreement to be performed, observed, and comphed w~th by Seller prior
to or as of the closing
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to purchaser, to the best of its current
knowledge, as follows, whtch representations and warranties shall be deemed made by
Seller to Purchaser also as of the closing date
1 There are no parties m possession of any pomon of the Property as
lessees, tenants at sufferance, or trespassers, except for the existing od and
gas lease
2 Except for the prior acttons of Pumhaser, there ns no pending or threatened
condemnation or similar proceedmg or assessment or stat, affecttng tttle to
the Property, or any part thereof, nor to the best knowledge and behef of
Seller ~s any such proceeding or assessment contemplated by any
governmental authority
Page 3 of 9
3 Seller has complied with all applicable laws, ordinances, regulations,
statutes, roles 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 hmxted to, hazardous materials or
wastes as same are defined by the Resource Conservation and Recovery
Act (RCRA), as amended, and the Comprehensive Enwronmental
Response Compensation and Llab~hty Act (CERCLA), as amended
5 Seller hereby grants the City of Denton and or its designee formal
permission to enter Seller's property in order to perform such field
surveying activities to estabhsh boundaries and monuments necessary to
consummate the above-mentioned real property purchase transaction
CLOSING
The closing shall be held at the office of F~rst American Title Company (the
"Title Company"), 300 North Elm Street, Denton, Texas, 76201 on or before January
31th, 2001 (which date is herein referred to as the "closing date") The closing date may
be extended by mutual agreement of the part,es
CLOSING REQUIREMENTS
1 Seller's Requirements At the closing Seller shall
A Deliver to Purchaser a duly executed and acknowledged General
Warranty Deed conveying good and marketable t~tle in fee simple
to all of the Property, free and clear of any and all liens,
encumbrances, condltmns, assessments, and restnctmns, except for
the following
1 General real estate taxes for the year of closing and
subsequent years not yet due and payable, and
2 Any exceptions approved by Purchaser pursuant to
Pumhaser's Obligations hereof, and
3 Any exceptions approved by Purchaser in writing
B Deliver to Purchaser a Texas owner's Pohcy of T~tle Insurance at
Purchaser's sole expense, ~ssued by F~rst American Title
Company, Denton, Texas, (the "T~tle Company"), in Purchaser's
Page 4 of 9
favor in the full amount of the purchase price, lnsunng Purchaser's
fee simple title to the Property subject only to those title exceptions
hsted m Closmg Reqmrements hereof, such other exceptions as
may be approved m wntmg by Purchaser, and the standard pnnted
exceptions contained in the usual form of Texas Owner's Pohey of
Title Insurance, provided, however
1 The boundary and survey exceptions shall be
deleted if required by Purchaser, and ff so required,
the costs associated with same shall be bome by
Seller,
2 The exceptmn as to restrictive covenants shall be
endorsed "None of Record",
3 The exception as to liens encumbenng the Property
shall be endorsed "None of Record" other than
those set forth ~n "Purchaser's Obligations"
4 The exceptmn for taxes shall be hm~ted to the year
of closing and shall be endorsed "not yet due and
payable"
C Deliver to Purchaser possession of the Property on the day of
closing
2 Purchaser's Reqmrements Purchaser shall pay the consideration as
referenced ~n the "Purchase Pnce" section of this contract at Closing ~n
immediately available funds
3 Closing Costs Seller shall pay all taxes assessed by any tax junsdtctlon
through the date of the Closing
All other costs and expenses of closing in consummating the sale and purchase of
the Property not specifically allocated hereto shall be paid by Purchaser, except for
Seller's attorney fees
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of th~s Agreement
shall be the sole responsibility of Seller, to the extent Seller has agreed to pay any such
real estate commission in writing, and Seller agrees to indemmfy and hold Pumhaser
harmless from any and all clmms for any such commissions
Page 5 of 9
BREACH BY SELLER
In the event Seller shall fall to fully and timely perform any of its obhgat~ons
hereunder or shall fall to consummate the sale of the Property except Purchaser's default,
Purchaser as its sole and exclusive remedy may e~ther enforce specffic performance of
th~s Agreement or termtnate this Agreement by written notme dehvered to Seller
BREACH BY PURCHASER
In the event Purchaser should fall to consummate the purchase of the Property, the
condlttons to Purchaser's obligations set forth m PURCHASER'S OBLIGATIONS
havtng been satisfied and Purchaser being m default, Seller as its sole and exclusive
remedy may enforce specific performance of this Agreement, or terminate th~s
Agreement by written notme dehvered to Purchaser
MISCELLANEOUS PROVISIONS
1 Assignment of Agreement This Agreement may not be assigned by
Purchaser w,thout the express written consent of Seller
2 Survival of Covenants Any of the representations, warranties,
covenants, and agreements of the parties, as well as any rights and benefits
of the parties, pertmmng to a period of time following the closing of the
transactions contemplated hereby shall survive the ctosmg and shall not be
merged there~n Survival of Covenants shall terminate one (1) year after
the date of closing
3 Nottce Any notice required or permitted to be dehvered hereunder shall
be deemed received when sent by United States marl, postage prepmd,
certified mml, return receipt requested, addressed to Seller or Purchaser, as
the case may be, at the address set forth beneath the signature of the party
Seller's agent for purposes of notice shall be Pdchard Lee Burch
4 Texas Law to Apply This Agreement shall be construed under and in
accordance with the laws of the State of Texas, and all obllgatmns of the
parties created hereunder are performable in Denton County, Texas
5 Parties Bound This Agreement shall be b~nd~ng upon and inure to the
benefit of the parttes and their respective legal representatives, successors
and assigns where permttted by th~s Agreement
6 Legal Construction In case any one or more of the prows~ons contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable m any respect, smd mvahdity, dlegahty, or unenforceabfl~ty
Page 6 of 9
shall not affect any other pmvlsaon hereof, and thas Agreement shall be
construed as if the invalid, illegal, or unenforceable provasion had never
been contained herean
7 Pnor Agreements Sunerseded This Agreement constatutes the sole and
only agreement of the parties and supersedes any prior understandings or
written or oral agreements between the parties respectang the wathln
subject matter
8 Tame of Essence Time is of the essence an thas Agreement
9 Gender Words of any gender used an thas Agreement shall be held and
construed to include any other gender, and words an the singular number
shall be held to anclude the plural, and vine versa, unless the context
reqmres otherwase
10 Compliance In accordance with the requirements of the Texas Real
Estate License Act, Purchaser as hereby advised that it should be furmshed
wath or obtmn a pohcy of tatle ansurance or Purchaser should have the
abstract covenng the Property exammed by an attorney of Purchaser's
own seleetaon
11 Time Lamat In the event a fully executed copy of thas Agreement has not
been returned to Purchaser wlthan ten (10) days after Purchaser executes
thas Agreement and dehvers same to Seller, Purchaser shall have the right
to terminate this Agreement upon written notme to Seller
DATED thas ~ (,o day of 6C, o'~ , ,2000
PURCHASER
THE CIT~Yi.,OF_ DENTON, TEXAS
Caty Manager ~
215 E McKl~ey
DeBton, Texas 76201
ATTEST
JE~FER WALTERS, CIT~ SEC~T~Y
Page 7 of 9
SELLER
SELLER
Pdchard Lee Burch
SELLER
a Grace (Butch) Hackett
ACKNOWLEDGMENT
THE STATE OF'I'~/~.~ §
COUNTY OF ~M rol, l~ §
This ~nstmment was ac~owledged before me on ~T(~6~ ~ ,2000
by Ma~tn C (M C ) Burch
N~~ln and for the ~of Texas
II~X,~- -ahO~ ,,,,t[I MY CommIssl°n Expires ~- ~ - O1
I~'~ No~ Public 8m~ of Texas
Page 8 of 9
ACKNOWLEDGMENT
THE STATE OF(]/~r',- §
COUNTY OF ~X.~ §
Th,s instrument was acknowledged bef. o~e me on ~"'~(~.,..~ .-~ [ ,2000
by Rleh~d Lee Burch
Nota~ Pubhc, ~n ~d for the State of Texas
[d~'~~ My Comm,ss,on Exp,res~,~OB S; Z~ ~
CriER L A 8~HER~ND
~MMI88~ON NO 3141~
CO~TY OF~
Th~s ~nstmm~nt was ~owled~d~ _b~ore m~ on 0G~ ~ ~ ,2000
by N~[d~ Gra~ (Bumh)
~~ f~hc ~ate of ~
Seller's Address
2601 Buckingham Drive
Denton, Texas 76209
Page 9 of 9
EXHIBIT A
2 00 Acre Tract
F~eld notes to ail that certain tract of land s~tuated m the J Serve survey abstract number
1164, Denton County, Texas And bemg a pomon of the cailed 60 3/4 acre tract
described m the deed from Don B Mcldurkan to V D Butch recorded m Volume 239
Page 191 Deed Records of Denton County, Texas, the Subject tract being more
particularly describe as follows
Commencing at a Concrete monument found being North 35 Degrees 57 mmutes East a
distance of 3 2 feet from the Northwest comer of a tract of land described m the deed
from Donaid Gaston to John Jeffnas recorded by County Clerk file number 94-R0010473
Reai Property Records of Denton County, Texas, and bemg the begummg of a curve to
the Right having a Radius of 3719 60 feet,
Thence with smd curve to the night havmg an Arc length of 480 83 feet and a Chord
beanng of North 39 Degrees 34 Minutes 30 Seconds East a distance of 480 49 feet aiong
the South R~ght-of-way line ofU S H~ghway 377 to the Point of Beginning of the herem
described tract of land and the begrnmng of a curve to the night having a radius of
3719 60 feet,
Thence with said curve to the night havmg an arc length of 24 72 feet and a Chord
beanng of North 39 Degrees 34 Minutes 30 Seconds East a &stance of 24 72 feet along
the South right-of-way line of said U S I-highway 377,
Thence North 43 Degrees 19 Minutes 55 Seconds East, Along the South Right-of-way of
said U S Htghway 377 a distance of 154 38 feet,
Thence South 70 Degrees 13 Minutes 27 Seconds East along the South line of the called
4 96 acre tract of land described m the deed from V D Burch to State of Texas recorded
m Volume 289 Page 164 Deed Records of smd County, a distance of 288 12 feet,
Thence South 17 Degrees 28 Minutes 02 Seconds West a distance of 226 67 feet,
Thence South 88 Degrees 52 Minutes 25 Seconds West along the South lme of an
Easement and Rtght-of-way to Texas Mumc~pal Power Agency recorded m Volume 1141
Page 128 Real property Records of said County, a distance of 231 69 feet,
Thence North 26 Degrees 38 Minutes 33 Seconds East a distance of 210 23 feet to the
Point of Begummg and containing m ail 2 00 acres of land
EXHIBIT B
30' ACCESS EASEMENT
Field notes to all that certain tract of land situated m the J Serve survey abstract number
1164, Denton County, Texas And being a part of the called 60 3/4 acre tract described m
the deed from Don B Mcklurkan to V D Burch recorded m Volume 239 Page 191 Deed
Records of Denton County, Texas, the SubJect tract being more particularly dascnbe as
follows
Commencing at a Concrete monument found being North 35 Degrees 57 minutes East a
d~stance of 3 2 feet from the Northwest comer of a tract of land described m the deed
from Donald Gaston to John Seffr~es recorded by County Clerk file number 94-R0010473
Real Property Records of Denton County, Texas,
Thence Along a curve to the r~ght having an Arc length of 480 83 feet and a fa&us of
3719 60 feet and a Chord beanng of North 39 Degrees 34 Minutes 30 Seconds East a
&stance of 424 04 feet along the South Paght-of-way line of smd U S Highway 37'/to
the Point of Beg~nmg of the hereto deser~bed tract and being the begummg of a curve to
the r~ght having a rachus of 3719 60 feet,
Thence voth smd curve to the r~ght having an arc length of 32 07 feet and a chord bearing
of No~& 39 Degrees 34 Mmutes 30 Seconds East a &stance of 32 07 feet along the South
Paght-of-way line of smd U S I-hghway 37'/,
Thence South 26 Degrees 38 Minutes 33 Seconds West a &stance of 210 23 feet,
Thence South 88 Degrees 52 Minutes 25 Seconds East along the South line of an
Easement and Paght-of-way to Texas Mumc~pal Power Agency recorded m Volume 1141
Page 128 Real property Records of smd County a &stance of 33 24 feet,
Thence South 26 Degrees 38 Minutes 33 Seconds East a chstance of 184 5'/feet to the
Point of Begummg and containing m all 0 136 acres of land
l]5 0223
Date: February ~-~, 2001
Nots,
Date: July 31, 1985
Original Amount: THIRTY-EIGHT THOUSAND FIVE HUNDRED
THIRTY-NINE AND 92/100 ($39,539.92)
Maker; Henkins, Powers, Eastup & Deaton , a Professional
Corporation
P,ayee; Marvin C. Butch, Indivxdually and as Independent
Executor of the Estate of Grace Ann Burch
Date of Maturity: April 25, 1996
Holder of Note end Lien. Hankins, Powers, Eastup & Deaton, a
Professional Corporation
Holder's Mailing Address: 902 North Locust Street Denton, Texas 76201
Note and Lien Are Described in the Following Documents, Recorded
in: Volume 1690, Page 0007 an the Real Property Records of
Denton County, Texas
Holder of the note acknowledges its payment and releases the
property from the lien and from all liens held by Holder of the
note and lien without regard to how they were created or
evidenced.
Holder of the note and lien expressly release all present and
future rights to establish and enforce the lien as security for
the payment of any future or other advances
When the context requires, singular nouns and pronouns xnclude
the plural
Executed this __~_ day of ~ebr~ary 2001.
Robert H. Hankins, President
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ~ day
of February, 2001 by Robert H. Hankins.
! Not,r P lic, Stat. of T.x,.
I~}~] NOTeYPUBUg'$TAmOFI~(ASI Notary's Name: /Wu/w jF~ H~W~
~ ~ ~mi~l~ ~ 1041~
.................. I Notary's co~ieszon expzres: /0 3/- ~om¢
Return to; City Hall West
221 North Elm Street
Denton, Texas 76201
Attn; Paul Williamson
Right-of-Way Agent
2 000 ACRES
FIELD NOTES to all that certain tract of ]and situated in thc W ~oark Su~ey Abs~act
Number ]087 and thc 3 Severe Su~cy Abstract Numbcr] 164, Denton Count, Texas
and bcmga part of thc called 192 5 acre tract dcscnbcd m thc dccd ~om ~chard F
Do]gcncr ct a] to V D Butch recorded m Volume ~8, PaEc ]37, a pa~ of thc cai]cd 60
3/4 acre Second Tract and pa~ of the cai]cd ]0 acre Third Tract described m thc dccd
from Don B McK]urkan ct al to V D Burch recorded ~n Volume 239, PaEc 191 of the
Deed ~ccords of Denton County, Tcxa% thc subject tract be]nE more p~cu]ar]y
described as fol]o~s
BEG~G for the ~cstcr]y No~hwcst comer of thc tract bclng dcscnbcd hcrcm on
thc Southeast right-of-way of U S H~ghway 377 an arc ]eng~ of 402 57 feet (chord
bcanng No~h 39 Dc~ces 26 Minutes 19 Seconds East a d~stancc of 455 83 feet) ~om a
concrete nEht-of-way men.tnt at ifs intersection w~th thc South hnc of thc sa~d 10 acre
Third tract,
THENCE Northeasterly w~th thc Southeast nEht-of~way of U S H~hway 377 alone thc
arc of a cu~c to the nght hawng a radms of 3,7]9 60 feet, an arc ]cnEth of 24 70 feet
(chord beannE No~h 43 Degrees 08 Minutes 30 Seconds East a distance of 24 70 feet) to
a 1/2 tach ~ron rod fonnd at thc end of the smd cu~c,
THENCE North 43 Dcgrccs 19 M~nutcs 55 Seconds East contmu~nE ~th thc Southeast
nEht-of-way of U S H~Eh~ay 377 crossing thc East hnc of thc ]92 5 acre tract and thc
~cst hnc of thc 60 3/4 acre Second Tract and contmmng, m ail, a total dmtancc of 154 38
fcct to n ]/2 inch iron rod set for the No~hwcst comer of thc herc~n described tract,
THENCE South 70 DcErecs 13 Minutes 27 Seconds East across the smd 60 3/4 acre
Second Tract a d~stancc of 288 12 feet to a ]/2 tach ~ron rod set for the NoMhcast comer
of thc horcm dcscmbcd tract,
THENCE Scuff] 17 Dc~rccs 28 ~mutcs 02 Seconds ~cst crossln~ the Scuff] hne of the
60 3/4 acre Second Tract and thc NoMh hnc of thc ]0 acre T]nrd tract and contmlnn~ m
aH, a total d~stancc of 226 67 fcet lo a ]/2 tach iron ~od sct on thc South hnc oi an
casement to Texas Mumclp~] Power Agency ~ccordcd m Volume 1141, Pa~e 128 of the
smd Deed Records,
THENCE South 88 Dc~ees 52 M~nutcs 25 Seconds West ~]th thc South hnc of the smd
~et for thc S~tlthWCSt corner, hr %l~e heroin described tract
THENCE ~o~h 26 Degrees 38 Minutes 33 Seconds West crossing the Nomh hne of the
10 acre Tlurd Tr~-t and the South hne of the smd 192 5 acre tract and cont~ntnng, in all, a
total d~tance of 210,26 feet to th~ PLACE OF BEGINNING and enclosing 2 000 acres
of land ] ~'
k775 022,36
F,led fop Record in:
DENTON COUNTY. TX
CYNTHIA MITCHELL, COUNTY CLERK
On Feb 1~
At 3:59pm
Receipt #= 72~!
Recordzng:
Doc/Mget =
Doc/Nuo =
Doc/Type = REL
Deputy -Jenntfer
qll5 02229
FATCO
INGRESS / EGRESS EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS.
COUNTY OF DENTON §
THAT Marvin (M.C) Butch, Richard Lee Butch and Nelda Grace
(Butch) Hackett (here=nafter referred to as GRANTOR collectively),
of Denton County, Texas, in conslderat~on of the sum of Five-
Thousand Nine-Hundred and Twenty-Four Dollars and No Cents
($5,924.°°) and other good and valuable consideration in hand paid
by the City of Denton, Texas (GRANTEE), receipt of which ~s hereby
acknowledged, does by these presents grant, bargain, sell and
convey unto the City of Denton, Texas, the free and uninterrupted
use, liberty and privilege of the passage ~n, along, upon and
across the following described property, owned by them and
situated in Denton County, Texas, ~n the W. Roark Survey, Abstract
No 1087 and the J. Severe Survey, Abstract No 1164.
ALL that certain tract of land s~tuated in the W Roark Survey
Abstract Nuntber 1087 and the J. Severe Survey Abstract Number
1164, Denton County, Texas and being a part of the called 192.5
acre tract described in the deed from R~chard F Dolgener et al to
V D Butch recorded in Volume 2~8, Page 137 and part of the
called 10 acre Third Tract described ~n the deed from Don B
McKlurkan et al to V. D. Butch recorded in Volume 239, Page 191 of
the of the Deed Records of Denton County, Texas~ the subject
easement being more particularly described as follows=
BEGINNING for the Northeast corner of the tract be=ng described
herein at a 1/2 inch iron rod set on the Southeast right-of-way of
U. S. Highway 377 at the Northwest corner of the 2.000 acre tract
described above and being an arc length of 402.57 feet (chord
bearing North 39 Degrees 26 Minutes 19 Seconds East a distance of
455.83 feet) from a concrete right-of-way monument at the
P&ge i of 4
775 02230
intersection of the Southeast right-of-way w~th the South line of
the said 10 acre Third tract;
THENCE South 26 Degrees 38 Minutes 33 Seconds East with the West
line of the 2.000 acre tract a distance of 210.26 feet to a 1/2
inch iro~ rod set for the Southwest corner thereof on the South
line of an easement described to Texas Municipal Power Agency
recorded, in Volume 1141, Page 128 of the said Deed Records;
THENCE South 88 Degrees 52 M~nutes 25 Seconds West with the South
line of the said Texas Municipal Power Agency easement a distance
of 33.24 feet;
THENCE North 26 Degrees 38 Minutes 33 Seconds West across the
192.5 aore tract, 30 feet Southwest of and parallel with the West
l~ne of the 2.000 acre tract, a distance of 18%.63 feet to the
Southeast right-of-way of U. S. Highway 377;
THENCE Northeasterly with the Southeast right-of-way of U. S.
Highway 377 along the arc of a curve to the right having a radius
of 3,719.60 feet, an arc length of 32.06 feet (chord bearing North
%2 Degrees %2 Minutes 16 Seconds East a d~stance of 32.06 feet) to
the PLACE OF BEGINNING and enclosing 0.136 of an acre of land.
And it is further agreed that the C~ty of Denton, Texas in
consideration of the benefits above set out, will remove from the
property above described, such fences, buildings and other
obstructions es may now be found upon sa~d property.
For the purpose of ingress and egress in, along, upon and
across said premises, with the rxght and pr=vilege at all times of
the GRANTEE herein, his or its agents, employees, workmen and
representatives having ingress, egress, and regress in, along,
upon an4 across said premises or any part thereof.
GRANTEE shall have the right to grade, pave and maintaxn
pavement improvements at GRANTEE's discretion within the above-
described tract but is under no obligation to do so GRANTOR shall
have the right to grade, pave and maintain pavement improvements
Page 2 of 4
4775 O2231
at GRANTOR's discretion within the above-described tract but is
under no obligation to do so. GRANTOR shall not be llable for
damages to pavement improvements ~nstalled at GRANTEE's
discretion. GRANTEE shall not be l~able for damages to pavement
~mprovements installed at GRANTOR's discretion.
TO HAVE AND TO HOLD unto the sa~d C=ty of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
,~tn... our h,nd., th~. th. q~ day o~~~ · 2001
0
GRANTOR~
Richard Lee Butch
Ne~da Grace Hack~
(Butch)
page 3 of 4
ACKNOWLEDGMENT
STATE OF TEXAS §
00 Y oF DENT0 §
2001 by Marvin (M.C.) Butch.
~,~,. tlSA UAUM~.~? ~otary Public, an and ~or the State of Texas
STATE OF TEXAS §
COUNTY OF DENTON
2001 Richard Lee Butch.
~ NS&~y Public, '~-a~d for the State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on~~ ~ ,
2001 by Nelda ~race (Butch) Hackett. ~ 0
t~~l~.S~m~le~o}ary Publi~, an a~d for the State of Texas
~Commission Expires:
P&~o 4 o~ 4
RetumT~ lOAd. L- I~1~-'~, ~, ~f,-~
City Of D.enton .
Enhig~e~.fl?g,.& ~_~oll~lOrl Dept.
Dento~L T~ 76201
Attention'
FEB 1 A 200~
~ d ~ eco~d
CYNTHIA MITCHELL~ COUNTY CLERK
On Feb 14
At 3:59pe
Receipt #: 7~1
Recoed~ng:
Ooc/Mget : 6.00
Doc/Nue : ~O~l-ROO134q7
Doc/Type : EAS
Deputy -Jennifer
4115 [1222 FA CO
CASH WARRANTY DEED
Date. February 7, 2001
Grantor: Marvin C. (M.C.) Butch,
Richard Lee Burch, and
Nelda Grace (Butch) Hackett
2601 Buckingham Drive
Denton, Texas 76209
Grantee: City of Denton
Grantee's Mailing Address (including county)
City of Denton
221 North Elm Street
Denton, Texas 76201
Denton, County
Consideration:
TEN DOLLARS AND NO/100 and other good and valuable consideration.
Property (including any improvements):
All those certain tracts of land being s~tuated in the W.
Roark Survey, Abstract No. 1087 and the J Severe Survey, Abstract
No. 1164, Denton County, Texas and 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, r~ghts-of-way, and prescript=ve rights, whether of
record or not~ all presently recorded instruments, other than
l~ens and conveyances, that affect the property~ taxes for the
current year, the payment of which GRANTEE assumes.
GRANTOR, hereby reserves all oil, gas and other minerals on,
· n, or under the tract described in ,,EXHIBIT A". GRANTOR
acknowledges that GRANTOR and or GRANTOR's heirs, executors,
administrators and successors shall have no right of ~ngress or
egress to the surface of the Property described ~n "EXHIBIT A" and
shall have no right for surface development ~nvolvlng the
extraction of sa~d oil, gas and other minerals and ~n addition any
Page i of 3
[ 775 02225
extraction of such oil, gas and other minerals shall not interfere
with the Grantee's use and enjoyment of the Property described in
"Exhibit A".
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 s~ngular the rights and
appurtenances thereto in any wise belong=ng, to have and to hold
it to GRANTEE, GRANTEE'S heirs, executor, administrators,
successors or assigns forever. GRANTOR bands GRANTOR and
GRANTOR'S heirs, executors, administrators and successors to
warrant and forever defend all and singular the property to
GRANTEE and GRANTEE'S heirs, executors, administrators, successors
and assigns against every person whomsoever lawfully claimzng or
to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
When the context requires, sxngular nouns and pronouns
~nclude the plural.
GRANTORz
(M.c.)
Marvin Burc
Richard Lee Butch
Nelda Grace (Butch) Hackett
Page 2 of $
4775 02226
ACKNOWLEDGMENT
STATE OF TEXAS §
.oknowl.dg.d b. or-
This
instrument
was
2001 by Marvin (M.C.) Butch.
0
otary in and f~r the State of Texas
Public,
y Co~ission Expires:
ACKNOWLED~ME~
STATE OF TE~S
CO~Y OF DE~ON
2001 Richard Lee Butch.
Notar~ ~1~, ~n and for the State of Texas
My Co~ission Expires'
ACKNOWLED~ME~
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on ~V~q ,
2001 by Nelda Grace (Burch) Hackett. l ~
ry Public, an and for the State of Texas
ommission Expires.
Page 3 of 3
,, /
EXHIBIT A
2 000 ACRES
FIELD NOTES to all that certmn tract of land sttuated ~n the W Roark Survey Abstract
Number 1087 and the J Severe Survey Abstract Number 1164, Denton County, Texas
and being a part of the called 192 5 acre tract described ~n the deed from Rmhard F
Dolgener et al to V D Butch recorded an Volume 288, Page 137, a part of the called 60
3/4 acre Second Tract and part of the called 10 acre Thard Tract described m the deed
from Don B McKlurkan et al to V D Burch recorded ~n Volume 239, Page 191 of the
Deed Records of Denton County, Texas, the subject tract being more partmularly
described as follows
BEGINNING for the Westerly Northwest comer of the tract beang described hereto on
the Southeast right-of-way of U S H~ghway 377 an arc length of 402 57 feet (chord
beanng North 39 Degrees 26 Minutes 19 Seconds East a d~stance of 455 83 feet) from a
concrete right-of-way monument at it's ~ntersect~on wath the South hne of the smd 10 acre
Third tract,
THENCE Northeasterly w~th the Southeast right-of-way ofU S Haghway 377 along the
arc of a curve to the right hawng a radms of 3,719 60 feet, an arc length of 24 70 feet
(chord beanng North 43 Degrees 08 Manutes 30 Seconds East a d~stance of 24 70 feet) to
a 1/2 inch iron rod found at the end of the smd curve,
THENCE North 43 Degrees 19 Minutes 55 Seconds East continuing with the Southeast
right-of-way ofU S H~ghway 377 crossing the East hne of the 192 5 acre tract and the
West lane of the 60 3/4 acre Second Tract and continuing, ~n all, a total d~stance of 154 38
feet to a 1/2 mch aron rod set for the Northwest comer of the hereto described tract,
THENCE South 70 Degrees 13 Minutes 27 Seconds East across the smd 60 3/4 acre
Second Tract a dastance of 288 12 feet to a 1/2 ~nch iron rod set for the Northeast comer
of the here~n described tract,
THENCE South 17 Degrees 28 Minutes 02 Seconds West crosmng the South hne of the
60 3/4 acre Second Tract and the North hne of the 10 acre Thard tract and contlnmng, ~n
all, a total dastance of 226 67 feet to a 1/2 tach ~ron rod set on the South line of an
easement to Texas Mummpal Power Agency recorded ~n Volume 1141, Page 128 of the
smd Deed Records,
THENCE South 88 Degrees 52 Minutes 25 Seconds West w~th the South lane of the said
Texas Mumcapal Power Agency easement a dastance of 264 92 feet to a 1/2 ~nch ~ron rod
set fo~ the Southwest comer of the here~n described tract,
THENCE North 26 Degrees 38 Minutes 33 Seconds West crossang the North hne of the
10 ac~e Third Tract and the South lane of the smd 192 5 acre tract and contmmng, in all, a
total (llStance of 210 26 feet to the PLACE OF BEGINNING and enclomng 2 000 acres
of lar~d
R,tumTo ~)~,4/.P4,~.~.,~m$~,O [~775 02228
city. Of Denton
Eng~needng & Transt~orlatlon ~pt
221 ~0~ ~m ~et
D~,T~76201
A~ion'
FEB i ~,~ 2001
CYNTHIA HITCHELL, COUNTY CLERK
On Feb 14 At
Receipt #: 7~1
Recepding: ll.ee
Dec/Ngat : 6. N
Doc/Num :
Doc/Type · ND
Deputy
115 02220
FATCO
AFFIDAVIT OF NONPRODUCTION
The State of Texas
County of Denton (~ i.~ '/~r ~o ~
The undersigned, Marvin C Burch aka M C Burch, Richard Lee Burch, and Nelda Grace
Burch, having knowledge of the facts hereinafter stated and being famdlar with that certain real
property described in Exhibit "A" and that certain oil, gas and mineral lease by and between
V D Burch, etux and Harry C Trentman, Jr filed January 18,1955, tn Volume 405, Page 247, ~t'
Deed Records of Denton County, Texas, and that certmn off, gas and mineral lease by andtl~4~--'~.~
Pu ~ 1 ~,77, Rea! Prc-;rt;~ R~,~,d~, Dcntc. n Cc. untj, Tcxaa, st.t~ as .%l16wa- --
"That I am owner of smd property described in Exhibit "A", and that there has not ever
been any production of oil, gas or other minerals from said property, or production of oil and gas
or other minerals from said property has ceased and the rental payments required to keep the
lease in effect have not been paid to the lessor under the lease, and the lease has been terminated
or the term of the lease has expired"
The undersigned make these representations and warranties with knowledge that First
American Title Insurance Company of Texas and the buyer of smd property, ~s acting in reliance
on such representations and warranties
Executed th~s 9th day of February, 2001
Richard Lee Burch
Nelda Grace Burch Htl. OL¢tq
4775 02221
~~thls 9th day of February, 2001
4 ~ ,,, USA CAE HINES 11 o I ,;
' ~} Notary Publm State ot Texas
,,-,, o.,..~- '"' -- ' Notary YUDUC, State oI lexas
State of Texas
County of Denton
This instrument was acknowledged before me on February 9, 2001, by Marvin C Burch
aka M C Burch, Richard Lee Burch and Nelda Grace Burch F~a-~,~ydr t
Notary Public, State o'fYexas v
After Reeor&ng Return to
775 02222
2 000 ACP~ES
FIELD NOTES to all that certmn tract of land s~tuated in the W Roark Survey Abstract
Number 1087 and the J Severe Survey Abstract Number 1164, Denton County, Texas
and being a part of the called 192 5 acre tract described in the deed from Pochard F
Dolgener et al to V D Burch recorded in Volume 2~8, Page 137, a part of the called 60
3/4 acre Second Tract and part of the called 10 acre Third Tract described in the deed
from Don B McKlurkan et al to V D Bumh recorded in Volume 239, Page 191 of the
Deed Records of Denton County, Texas, the subject tract being more particularly
described as follows
BEGINNING for the Westerly Northwest comer of the tract being described herein on
the Southeast right-of-way of U S Highway 377 an arc length of 402 57 feet (chord
beanng North 39 Degrees 26 Minutes 19 Seconds East a distance of 455 83 feet) from a
concrete right-of-way monument at ~t's intersection w~th the South hne of the said 10 acre
Third tract,
THENCE Northeasterly w~th the Southeast nght-of-way of U S H~ghway 377 along the
arc of a curve to the right having a radius of 3,719 60 feet, an arc length of 24 70 feet
(chord beanng North 43 Degrees 08 Minutes 30 Seconds East a distance of 24 70 feet) to
a 1/2 inch iron rod found at the end of the smd curve,
THENCE North 43 Degrees 19 M~nutes 55 Seconds East cont~nmng with the Southeast
right-of-way of U S H~ghway 377 crossing the East hne of the 192 5 acre tract and the
West line of the 60 3/4 acre Second Tract and contmmng, ~n all, a total d~stance of 154 38
feet to a 1/2 ~nch iron rod set for the Northwest comer of the herein described tract,
THENCE South 70 Degrees 13 Minutes 27 Seconds East across the said 60 3/4 acre
Second Tract a dmtance of 288 12 feet to a 1/2 ~nch tron md set for the Northeast comer
of the herein described tract,
THENCE South 17 Degrees 28 Minutes 02 Seconds West crossing the South line of the
60 3/4 acre Second Tract and the North hne of the 10 acre Third tract and continuing m
all, a total d~stance of 226 67 feet to a 1/2 mch ~ron md set on the South line of an
easement to Texas Mumclpal Power Agency recorded ~n Volume 1141, Page 128 of the
said Deed Records,
THENCE South 88 Degrees 52 Mtnutes 25 Seconds West w~th the South hne of the smd
Texas Mumc~pgl~ power Agency easement a distance of 264 92 feet to a 1/2 ~nch ~ron rod
set for the Southwest comer of the hereto described tract,
THENCE North 26 Degrees 38 Minutes 33 Seconds West crossing the North hne of the
10 acre Third Tract and the South hne of the smd 192 5 acre tract and connnmng, m all, a
total distance of 210 26 feet to the PLACE OF BEGINNING and enclosing 2 000 acres
of land
775 02223
FED 1 ~ 2001
Filed for Record in:
DENTON COUNTY. TX
CYNTHIA MITCHELL, COUNTY CLERK
On Feb 14 ~O01
At 3:59p~
Receipt #: 7~1
Recording: 9.00
Doc/Ngmt :
Doc/Num :
Doc/Type : AFF
Deputy -Jennifer
First American Title Insurance Company
of Texas
5 0 6 81 $ O OWNE..o.cv T TLE NSU.A CE
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
OF TEXAS
SUBJECT TO THE EXCLUSIONS PROM COVERAGE, THE EXCEPTIONS PROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE
COMPANY OF TEXAS , a Texas corporation, hereto called the Company, msures, as of Date of Policy shown tn
Schedule A, against loss or damage, not exceedtng the Amount of Insurance stated tn Schedule A, sustained or tncurred
by the insured by reason of
T~tle to the estate or mterc'st descrl ~bed tn Schedule A being vested other than as stated therein,
2 Any defect m o~r lten or encumbranq,¢~n the utle,
3 Any ista{t~tory or constttuttonal mechant¢'s, contractor's or matenalman's hen for labor or material having
its inception on or before Date of Poh~:y,
4 Lack of a right of access to and fro
5 Lack of gOOd and tn~easfl~l~ title,
The Company also wdl pay the costs, attorneys fees and expenses incurred tn defense of the t~tle as tnsured,
but only to the extent prowded m the Condttions and Stipulations
IN WITNESS HEREOF the FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS has caused this
policy to be executed by its President under the seal of the Company, but this policy ts to be vahd only when tt bears an
authorized countersignature as o! the date set forth ~n Schedule A
Ftrst Amcrtcan Tttle Insurance Company
of Texas
Secretary
TEXAS OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
Issued simultaneous with Policy No cash Pohcy No 5068180
GF No 01003034-021-JSJ Amount of Insurance $ 93,044 00
Premmm $940 00
DATE OF POLICY February 14, 2001 at 3 59 pm
Name of Insured
C~ty of Denton
2 The estate or interest m the land that is covered by th~s pohcy xs
Fee Simple
3 T~tle to the estate or ~nterest m the land ~s ~nsured as vested m
C~ty of Denton
4 The land referred to m th~s pohcy is described as follows
See Exhibit A attached hereto and made a part hereof
F~rst American Title Ins. Co of Texas First American T~tle Insurance Company of Texas
Texas Owner T 1 (Rev 1-1 93) SchcdulcA VahdOnlylfScheduleBandCoverareattaehed
SCHEDULE B
GF No 01003034 Pohcy No 5068180
Th~s pohcy does not insure against loss or damage (and the Company wall not pay costs, attorney's fees or expenses) that
arise by reason of the terms and condmons of the leases or easements insured, ~f any, shown ~n Schedule A and the following
matters
The following restnctwe covenants of record ttemtzed below (the Company must either ~nsert specffic recorthng data or
delete th~s eXcOption)
1 Item No 1, Schedule B, is hereby deleted
2 shortages m area
3 Homestead or commumty property or survivorship rights, if any, of any spouse of any ~nsured
4 Any txtles or rights asserted by anyone, including but not hm~ted to, persons, the public, corporations, governments or
other ent~ttes,
a to t~delands, or lands comprising the shores or beds of navtgable or perenmal rivers and streams, lakes, bays, gulfs
b to lands beyond the line of the harbor or bulkhead lines as estabhshed or changed by any government, or
c to filled-m lands, or artificial islands, or
d to statutory water rights, mcludmg nparmn rights, or
e to the area extending from the line of mean low tide to the hne 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 anthonty for the year 2001, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change m land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a prewous owner of the property under SecUon
11 13, Texas Tax Code, or because of improvements not assessed for a previous tax year
6 The followmg matters and all terms of the documents creattng or offenng ewdence of the matters (the Company must
~nsert matters or delete this exception)
a V~mble and apparent easements on or across property described in Schedule A
b Any portion of subject property lying wtthm the boundaries of a public or private roadway whether dedicated or not
c Rights of Parties in Possession
d Rights of tenants, as tenants only, under unrecorded leases or rental agreements
e Easement
To The State of Texas
Recorded January 8, 1941, Volume 289, Page 164, Real Property Records, Denton County, Texas
f Easement
To Texas Power and Light Company
Recorded April 21, 1956, Volume 421, Page 101, Real Property Records, Denton County, Texas
First American Tide Ins Co of Texas First American Title Insurance Company of Texas
Texas Owner T I (Rev 12 30 99) - Schedule B Vahd Only mf Schedule A and Cover are attached
SCHEDULE B - eonhnued
Fde No 01003034 Pohcy No 5068180
g Easement
To Texas Power and Ltght Company
Recorded March 26, 1968, Volume 563, Page 80, Real Property Records, Denton County, Texas
h Easement
To Texas Power and Laght Company
Recorded March 26, 1968, Volume 563, Page 82, Real Property Records, Denton County, Texas
Easement
To Southwestern Gas P~pelme, Inc
Recorded June 28, 1968, Volume 568, Page 312, Real Property Records, Denton County, Texas
Easement
To Texas Power and Light Company
Recorded May 6, 1982, Volume 1141, Page 128, Real Property Records, Denton County, Texas
k Easement
To The Caty of Denton
Recorded August 27, 1984, Volume 1472, Page 327, Real Property Records, Denton County,
Texas
I Easement
To The Caty of Denton
Recorded Apnl 16, 1993, Clerk's File No 93-R0022522, Real Property Records, Denton County,
Texas
m Easement
To The City of Danton
Recorded November 7, 2000, Volume 4712, Page 478, (Clerk's Fde No 00-R00107840), Real
Properly Records, Denton County, Texas
n Boundary Line Agreement
By and Between M C Butch and Robert Sk~pworth, et al
Recorded May 29, 1973, Volume 675, Page 228, Real Property Records, Denton County, Texas
o Off, Gas and Mineral Lease, and all terms, conthtions and stipulataons therem
Recorded January 18, 1955, Volume 405, Page 247, Real Property Records, Denton County,
Texas
Lessor V D Butch, et ux
Lessee Harry C Trentman, Jr
Tatle to saad interest has not been investigated subsequent to the date of the aforesmd mstrament
p Od, Gas and Mineral Lease, and all terms, condttions and st~pulatmns therein
Recorded April 25, 2000, Volume 4575, Page 1477, Real Property Records, Denton County,
Texas
Lessor Marwn C Butch, et al
SCHEDULE B - continued
F~leNo 01003034 PohcyNo 5068180
Lessee Roger A Soape, Inc
T~tle to sa~d ~nterest has not been investigated subsequent to the date of the aforesaid instrument
q R~ghts to o~1, gas and other minerals of every land and character m, on and under the property described m Schedule A
F~rst American Title Ins. Co of Texas
Authonzod Countersignature (/~J m)
Exhibit A
FIELD NOTES to all that eertam tract of land situated in the W Roark Survey Abstract Number 1087 and the J Severe
Survey Abstract Number 1164, Denton County, Texas and being a part of the called 192 5 acre tract described in the deed
from Rachard F Dolgener et al to V. D. Burch recorded m Volume 238, Page 137, a part of the called 60 3/4 acre Second Tract
and part of the called 10 acre Third Tract described in the deed from Don B McKlurkan et al to V D Burch recorded m
Volume 239, Page 191 of the Deed Records of Denton County, Texas, the subject tract being more particularly described as
follows
BEGINNING for the Westerly Northwest corner of the tract being described herein on the Southeast right-of-way of U S
Highway 377 an arc length of 402 57 feet (chord bearing North 39 Degrees 26 Minutes 19 Seconds East a distance of 455 83
feet) from a concrete right-of-way monument at it's intersection with the South line of the said 10 acre Third tract,
THENCE Northeasterly with the Southeast right-of-way of U. S. Highway 377 along the arc of a curve to the right having a
radius of 3,719 60 feet, an arc length of 24 70 feet (chord bearing North 43 Degrees 08 Minutes 30 Seconds East a distance of
24 70 feet) to a 1/2 inch iron rod found at the end of the said curve,
THENCE North 43 Degrees 19 Minutes 55 Seconds East continuing w~th the Southeast right-of-way of U S Highway 377
crossing the East line of the 192.5 acre tract and the West line of the 60 3/4 acre Second Tract and continuing, m all, a total
d:stance of 154 38 feet to a 1/2 inch iron rod set for the Northwest corner of the herein described tract,
THENCE South 70 .Degrees 13 Minutes 27 Seconds East across the said 60 3/4 acre Second Tract a distance of 288 12 feet to a
1/2 inch iron rod set for the Northeast corner of the herein described tract,
THENCE South 17 Degrees 28 Minutes 02 Seconds West crossing the South line of the 60 3/4 acre Second Tract and the North
line of the 10 acre Third tract and continuing, in all, a total distance of 226 67 feet to a 1/2 inch iron rod set on the South line
of an easement to Texas Municipal Power Agency recorded in Volume 1141, Page 128 of the said Deed Records,
THENCE South 88 Degrees 52 Minutes 25 Seconds West with the South line of the said Texas Municipal Power Agency
easement a distance of 264 92 feet to a 1/2 inch iron rod set for the Southwest corner of the herein described tract,
THENCE North 26 Degrees 38 Minutes 33 Seconds West crossing the North line of the 10 acre Third Tract and the South line
of the said 192 5 acre tract and continuing, in all, a total distance of 210 26 feet to the PLACE OF BEGINNING and enclosing
2 000 acres of land
30 FOOT INGRESS/EGRESS EASEMENT
TRACT II
FIELD NOTES to all that certain tract of land situated in the W Roark Survey Abstract Number 1087 and the J Severe
Survey Abstract NUmber 1164, Denton County, Texas and being a part of the called 192 5 acre tract described in the deed
from Richard F D01gener et al to V. D Butch recorded in Volume 238, Page 137 and part of the called 10 acre Third Tract
descr:bed in the deed from Don B. McKlurkan et al to V D Burch recorded in Volume 239, Page 191 of the of the Deed
Records of Denton County, Texas; the subject easement being more particularly described as follows
BEGINNING for the Northeast corner of the tract being described herein at a 1/2 inch iron rod set on the Southeast right-of-
way of U S HighWay 377 at the Northwest corner of the 2 000 acre tract described above and being an arc length of 402 $7
feet (chord bearing North 39 Degrees 26 Minutes 19 Seconds East a distance of 455 83 feet) from a concrete right-of-way
monument at the intersection of the Southeast right-of-way with the South line of the said 10 acre Third tract,
THENCE South 26 Degrees 38 Minutes 33 Seconds East with the West hne of the 2 000 acre tract a distance of 210 26 feet to a
1/2 inch ~ron rod set for the Southwest corner thereof on the South hne of an easement described to Texas Mumc~pal Power
Agency recorded in Volume 1141, Page 128 of the said Deed Records,
THENCE South 88 Degrees 52 Minutes 25 Seconds West wtth the South hne of the smd Texas Mumc~pal Power Agency
easement a d~stance of 33.24 feet,
THENCE North 26 Degrees 38 Minutes 33 Seconds West across the 192 5 acre tract, 30 feet Southwest of and parallel w~th the
West line of the 2 000 acre tract, a distance of 184.63 feet to the Southeast r~ght-of-way of U S H~ghway 377,
THENCE Northeasterly with the Southeast right-of-way of U S. Highway 377 along the arc of a curve to the r~ght having a
radius of 3,719 60 feet, an arc length of 32 06 feet (chord bearing North 42 Degrees 42 Minutes 16 Seconds East a d~stance of
32 06 feet) to the PLACE OF BEGINNING and enclosing 0 136 of an acre of land
March 5, 2001
Clt~ of Denton
221 N Elm
Denton, Texas 76201
Re Our File No 01003034
Property Address
Dear Homeowner
Enclosed Is your Owner Policy of Title Insurance This policy contains important reformation about the
real estate transaction you have just completed, it is your guarantee of ownership Please read it and retmn
it with your other valuable papers
A complete and permanent file of the records concerning your transaction will be mamtamed m our office
under the above assigned file number These records will assure prompt processing of furore title orders
and save valuable time should you wish to sell or obtain a loan on your property Visit or call any one at
our offices and sunply give them your personal file number
We appreciate the opportunity of serving you and will be glad to assist you in any way in regard to your
furore escrow or title service needs
It is not mandatory, but it is your responsibility to render your property to the respective taxing authormes
to assure proper mailing of future tax notices
Again, thank you
Sincerely,
Ten Gramer
Enclosure
TG/SJM
% AMh
FIRST AMERICAN TITLE INSURANCE COMPANY
OF TEXAS
201 Main Street, Suite 900
Fort Worth, TX 76102
Phone (817) 335-8333 FAX (817) 338-1316
I I LIABILITY NONCUMbLATIVF
COMMITMENT FOR TITLE INSURANCE
Issued by
First Company
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME
AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED
REPRESENTATIVE HAS COUNTERSIGNED BELOW
We, Ftrst American Title Insurance Company of Texas, will issue our title insurance policy or policies (the
Pohcy) to You (the proposed insured) upon payment of the prermum and other charges due, and compliance
with the requirements in Schedule B and Schedule C Our Policy wdl be in the form approved by the Texas
Department of Insurance at the date of issuance, and will insure your interest m the land described tn Schedule
A The estimated premmm for our Policy and apphcable endorsements is shown on Schedule D There may
be additional charges such as recording fees, and expedited dehvery expenses
TMs Commitment ends mnety (90) days from the effective date, unless the Policy is ~ssued sooner, or failure
to issue the Pohcy is our fault Our habfl~ty and obhgatlons to you are under the express terms of ttus Cormmtment
and end when this Commitment expires
Fsrst Amcrtcan Tffle Insurance Company
o£ Texas
Secretary PRESIDENT
CONDITIONS AND STIPULATIONS
I If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment that is not shown in
Schedule B, you must notify us m writing If you do not notify us m writing our liability to you l', ended or reduced to the cxtt. nt that
your failure to notify us affects our hablhty If you do notify us or we learn of such matter we may amend Schedule B, but we will not
be relieved of habihty already incurred
2 Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued Our habd~ty ~s only
for actual loss incurred m your reliance on this Comnutment to comply with its reqmrements or to acquire the ~nterest m the land Our
hablhty is hm~ted to the amount shown in Schedule A of this Commitment and will be subject to the following terms o{ the Poh~-y
Insuring Provisions, Condmons and St~pulations, and Exclusions
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N;OI,LVIAIHO~INII HDNIV~IflSMI ~l'l&l& SVX~4&
TEXAS COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date January 24, 2000 at 5 00 p m GF No 01003034-021-JSJ
Commitment No 01003034 issued February 2, 2001, p m
1 The policy or policies to be issued are
(a) OWNER POLICY OF TITLE INSURANCE (Form T-l)
(Not apphcable for improved one-to-four family resldenUal real estate)
Policy Amount STO BE DETERMINED
PROPOSED INSURED
City of Denton, Texas
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount $
PROPOSED INSURED
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2)
Policy Amount $
PROPOSED INSURED
Proposed Borrower
(d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount $
PROPOSED INSURED
Proposed Borrower
(e) OTHER
Policy Amount $
PROPOSED INSURED
2 The interest m the land covered by this Counmtment is Fee Simple
3 Record Title to the land on the Effective Date appears to be vested m
Marvin C. Bureh aka M C Bureh, Richard Lee Bureh, Nelfla Grace Butch and Mary Kate Bureh
4 Legal description of land
See Exhibit "A" attached hereto and made a part hereof
First American Title Ins Co of Texas First American Title Insurance Company of Texas
Texas Commitment T 7 (Rev I 1 93) Schedule A Vahd Only ~f Schedule B C D and Cover are attached
Exhibit A
FIELD NOTES to all that certain tract of land situated in the W Roark Survey Abstract Number 1087 and the J Severe
Survey Abstract Number 1164, Denton County, Texas and being a part of the called 192 5 acre tract described in the deed
from Richard F Dolgener et al to V D Burch recorded in Volume 238, Page 137, a part of the called 60 3/4 acre Second Tract
and part of the called 10 acre Third Tract described in the deed from Don B McKlurkan et al to V D Butch recorded ul
Volume 239, Page 191 of the Deed Records of Denton County, Texas, the subiect tract being more particularly described as
follows
BEGINNING for the Westerly Northwest corner of the tract bemg described herein on the Southeast right-of-way of U S
Highway 377 an arc length of 402 57 feet (chord bearing North 39 Degrees 26 Minutes 19 Seconds East a distance of 455 83
feet) from a concrete right-of-way monument at ~t's intersection with the South line of the said 10 acre Third tract,
THENCE Northeasterly with the Southeast right-of-way of U S Highway 377 along the arc of a curve to the right having a
radius of 3,719 60 feet, an arc length of 24 70 feet (chord bearing North 43 Degrees 08 Minutes 30 Seconds East a distance of
24 70 feet) to a 1/2 inch iron rod found at the end of the said curve,
THENCE North 43 Degrees 19 Minutes 55 Seconds East continuing with the Southeast right-of-way of U S Highway 377
crossing the East line of the 192 5 acre tract and the West line of the 60 3/4 acre Second Tract and continuing, in all, a total
distance of 154 38 feet to a 1/2 inch Iron rod set for the Northwest corner of the hereto described tract,
THENCE South 70 Degrees 13 Minutes 27 Seconds East across the said 60 3/4 acre Second Tract a distance of 288 12 feet to a
1/2 inch iron rod set for the Northeast corner of the herein described tract,
THENCE South 17 Degrees 28 Minutes 02 Seconds West crossing the South line of the 60 3/4 acre Second Tract and the North
hne of the 10 acre Third tract and continuing, in all, a total distance of 226 67 feet to a 1/2 inch iron rod set on the South line
of an easement to Texas Mumcipal Power Agency recorded in Volume 1141, Page 128 of the said Deed Records,
THENCE South 88 Degrees 52 Minutes 25 Seconds West with the South bne of the said Texas Mumctpal Power Agency
easement a distance of 264 92 feet to a 1/2 inch iron rod set for the Southwest corner of the herein described tract,
THENCE North 26 Degrees 38 M~nutes 33 Seconds West crossing the North line of the 10 acre Third Tract and the South line
of the sa~d 192 5 acre tract and continuing, in all, a total distance of 210 26 feet to the PLACE OF BEGINNING and enclosxng
2 000 acres of land
30 FOOT INGRESS/EGRESS EASEMENT
TRACT II
FIELD NOTES to all that certain tract of land situated in the W Roark Survey Abstract Number 1087 and the J Severe
Survey Abstract Number 1164, Denton County, Texas and being a part of the called 192 5 acre tract described in the deed
from Richard F Dolgener et al to V D Burch recorded in Volume 238, Page 137 and part of the called 10 acre Third Tract
described in the deed from Don B McKlurkan et al to V D Burch recorded in Volume 239, Page 191 of the of the Deed
Records of Denton County, Texas, the subject easement being more particularly described as follows
BEGINNING for the Northeast corner of the tract being described herein at a 1/2 inch iron rod set on the Southeast right-of-
way of U S Highway 377 at the Northwest corner of the 2 000 acre tract described above and being an arc length of 402 57
feet (chord bearing North 39 Degrees 26 Minutes 19 Seconds East a distance of 455 83 feet) from a concrete right-of-way
monument at the intersection of the Southeast right-of-way with the South hne of the said 10 acre Third tract,
THENCE South 26 Degrees 38 Minutes 33 Seconds East with the West line of the 2 000 acre tract a dtstance of 210 26 feet to a
1/2 inch iron rod set for the Southwest corner thereof on the South hne of an easement described to Texas Municipal Power
Agency recorded in Volume 1141, Page 128 of the said Deed Records,
THENCE South 88 Degrees 52 Minutes 25 Seconds West with the South line of the sa~d Texas Municipal Power Agency
easement a distance of 33 24 feet;
THENCE North 26 Degrees 38 Minutes 33 Seconds West across the 192 5 acre tract, 30 feet Southwest of and parallel with the
West line of the 2 000 acre tract, a d~stance of 184 63 feet to the Southeast right-of-way of U S Highway 377,
THENCE Northeasterly w~th the Southeast right-of-way of U S Highway 377 along the arc of a curve to the right having a
radms of 3,719 60 feet, an arc length of 32 06 feet (chord bearing North 42 Degrees 42 Minutes 16 Seconds East a distance of
32 06 feet) to the PLACE OF BEGINNING and enclosing 0 136 of an acre of land
SCHEDULE B
CommttmentNo 01003034 GFNo 01003034-021-JSJ
EXCEPTIONS FROM COVERAGE
In adthtton to the Exclusions and Condittons and St~pulattons, your Pohcy wtll not cover loss, costs, attorney's fees, and
expenses resulting from
Thc following restrictive covenants of record itemized below (We must etther msert specific recording data or
delete thts exceptmn)
Item No 1, Schedule B, ts hereby deleted
2 Any discrepanmes, ¢onfhcts, or shortages in area or boundary hncs, or any encroachments or protrusions, or any
overlapping of tmprovements
Homestead or community property or survtvorshlp rights, ff any, of any spouse of any insured (Apphes to the
Owner Pohcy only )
4 Any titles or rights asserted by anyone, mcludmg, but not hunted to, persons, the public, corporattons, governments
a to tidelands, or lands comprising the shores or beds of navigable or perenntal rivers and streams, lakes, bays,
gulfs or oceans, or
b to lands beyond the hne of the harbor or bulkhead hnes as estabhshed or changed by any govcroment, or
c to filled-tn lands, or artffimal tslands, or
d to statutory water rights, tncludmg npartan rights, or
e to the area extending from the line of mean low tide to the hne of vegetation, or the rights of access to that area
or easement along and across that area
(Apphes to the Owner Policy only )
5 Standby fees, taxes and assessments by any taxing authority for the year 2001, and subsequent years, and
subsequent taxes and assessments by any taxing authority for prior years due to change m land usage or ownersthp,
property under Sectaon 11 13, Texas Tax Code, or because of improvements not assessed for a previous tax year
6 The terms and conditions of the documents creatmg your interest m the land
7 Materials furnished or labor performed m cormectton with planned constractton before stgnmg and delivering the
hen document described m Schedule A, ffthe land ts part of the homestead of the owner (Apphes to the Mortgagee
Title Pohcy Binder on Interim Construction Loan only, and may be deleted ~f satisfactory evidence is furnished to
us before a binder ts issued )
8 Liens and leases that affect the title to the land, but that are subordinate to the hen of the insured mortgage (Apphes
to Mortgagee Policy only )
9 The following matters and all terms of the documents creating or offermg evidence of the matters We must insert
matters or delete this exception)
a Visible and apparent easements on or across property described in Schedule A
Ftrst Amertcan Title Ins Co of Texas First Amerman Title Insurance Company of Texas
Texas Commitment T 7 (Rev 12 30 99) Schedule B Vahd Only if Schedule A C D and Cover are attached
SCHEDULE B - continued
CommttmentNo 01003034 GFNo 01003034-021-JSJ
b Any portion of subject property lying w~thln the boundaries of a pubhc or private roadway whether dedicated or
not
c Rights of Parties m Possession (OWNER POLICY ONLY)
d Rights of tenants, as tenants only, under unrecorded leases or rental agreements
e Easement
To The State of Texas
Recorded January 8, 1941, Volume 289, Page 164, Real Property Records, Denton County, Texas
f Easement
To Texas Power and L~ght Company
Recorded April 21, 1956, Volume 421, Page 101, Real Property Records, Denton County, Texas
g Easement
To Texas Power and Light Company
Recorded March 26, 1968, Volume 563, Page 80, Real Property Records, Denton County, Texas
h Easement
To Texas Power and Light Company
Recorded March 26, 1968, Volume 563, Page 82, Real Property Records, Denton County, Texas
1 Easement
To Southwestern Gas Plpehne, Inc
Recordod June 28, 1968, Volume 568, Page 312, Real Property Records, Denton County, Texas
3 Easement
To Texas Power and L~ght Company
Recorded May 6, 1982, Volume 1141, Page 128, Real Property Records, Denton County, Texas
k Easement
To The City of Denton
Recorded August 27, 1984, Volume 1472, Page 327, Real Property Records, Denton County,
Texas
1 Easement
To The City of Denton
Recorded April 16, 1993, Clerk's File No 93-R0022522, Real Property Records, Denton County,
Texas
m Easement
To The City of Denton
Recorded November 7, 2000, Volume 4712, Page 478, (Clerk's Fde No 00-R00107840), Real
Property Records, Denton County, Texas
SCHEDULE B - continued
CommltmentNo 01003034 GFNo 01003034-021-JSJ
n Boundary Line Agreement
By and Between M C Butch and Robert Sklpworth, et al
Recorded May 29, 1973, Volume 675, Page 228, Real Property Records, Denton County, Texas
o Od, Gas and Mineral Lease, and all terms, condmons and stipulations therein
Recorded January 18, 1955, Volume 405, Page 247, Real Property Records, Denton County,
Texas
Lessor V D Burch, et ux
Lessee Harry C Trentman, Jr
Txtle to said interest has not been investigated subsequent to the date of the aforesaid ~nstmment
p Oil, Gas and Mineral Lease, and all terms, conditions and stlpulattons thereto
Recorded April 25, 2000, Volume 4575, Page 1477, Real Property Records, Denton County,
Texas
Lessor Marvin C Burch, et al
Lessee Roger A Soape, Inc
Title to said interest has not been investigated subsequent to the date of the aforesmd instrument
q Rights to oil, gas and other minerals of every kind and character In, on and under the property described in
Schedule A
SCHEDULE C
CommttmentNo 01003034 GFNo 01003034-021-JSJ
Your pohcy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will
appear as Exceptions m Schedule B of the Pohey, unless you dispose of these matters to our satisfaction, before the date the
Pohcy ts issued
Documents creating your tttle or interest must be approved by us and must be stgned, notarized and filed for record
2 Satisfactory evidence must be provtded that
no person occupying the land claims any interest In that land against the persons named m paragraph 3 of
Schedule A,
all standby fees, taxes, assessments and charges against the property have been paid,
all improvements or repairs to the property are completed and accepted by the owner, and that all
contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborers
or matenalmen's hens have attached to the property,
there ts legal right of access to and from the land,
(on a Mortgagee Pohcy only) restrictions have not been and will not be violated that affect the validity and
priority of the insured mortgage
3 You must pay the seller or borrower the agreed amount for your property or interest
4 Any defect, lien or other matter that may affect tttle to the land or interest msured, that roses or is filed after the
effective date of this Comnutment
5 ARBITRATION
The Owner Pohcy of Title Insurance (Form T-1 ) and the Mortgagee Policy of Title Insurance (Form T-2) contmn an
arbttratton provision It allows the Insured or the Company to requrre arbltratton if the amount of insurance Is
$1,000,000 or less If the Insured wants to retain the right to sue the Company in case of a d~spute over a claim, the
Insured must request deletton of the arbttratlon provtston before the Policy ts ~ssued The Insured may do this by
signing the Deletion of Arbltratton Provtston form and returning it to the Company at or before the closing of the
real estate transactton or by writing to the Company
6 Furnish a Category lA survey of the property to be prepared by a Registered Public Surveyor acceptable to this
Company When same ts subnutted to the Tttle Department for inspection and approval, additional exceptions
and/or reqmrements may be added
7 If we are to amend the standard survey exceptton to read "Shortages m area" and upon payment of the apphcable
premmm 0f any), we will reqmre a Category lA survey from a Regtstered Public Surveyor acceptable to this
Company showing
{a} The location of all rmprovements and the exact location of all bufldmg lines in relatton to the
property lines,
{b} Easements and/or rights-of-way, dethcated or not, that a physmal lnspectton of the prermses would
disclose, and
{c} Indtcatmg and labeling all encroachments, or on the face of the survey stating "NO
ENCROACHMENTS"
When same is subrmtted to the Ttlle Department for lnspectton and approval, additional excepttons and/or
requirements may be added
First American Title Ins Co of Texas First American Title Insurance Company of Texas
TexasComm~traentT-7(Rev 1 I 93) ScheduleC VahdOnly~fSchedulcA B D and Cover are attached
SCHEDULE C - continued
Comm~acnt No 01003034 GF No 01003034-021-JSJ
8 Record a Release of Deed of Trust to secure a Note
Grantor Marvin C Burch, Indlwdually and as Independent Executor of the Estate of Grace Ann Burch,
Deceased
Trustee George Hopkins
Beneficiary Hankms, Powers, Eastup & Deaton, a Professional Corporation
Dated July 31, 1985
Recorded August 2, 1985, Volume 1690, Page 7, Real Property Records, Denton County, Texas
Amount $38,539 92
9 Company reqmres proper documentation showing authority to sign for the City of Denton, Texas
NOTICE Escrow Agent (t) has no Itabthty on a check unttl the chock has cleared. (,) shaft not be/table
for any tnterest or other charge on the Earnest Money and shall be under no duty to tnvest or re-tnvest
funds held by tt at any ttme unless othetwtse agreed tn wnttng, and (,t) may recetve ftnanctal benefits from
deposttory tnstttuttons based, tn whole or tn part. on the matntenance of escrow depostts whtch may or
may not Include the Earnest Money described heretn
F~rst American Title Ins Co of Texas
Authorized Counters~gnatu)e (SLV/sv)
SCHEDULE D
Pursuant to the requu:ements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the
State of Texas, the following thsclosures are made
ErrorI Not a valid filename
2 Direct Operations
First American Tffie Insurance Company of Texas - Austin DlmSlOn
First American Title Insurance Company of Texas - Corpus Clmsti Dlmsion
First American Title Insurance Company of Texas - E1 Paso Division
First American Title Insurance Company of Texas - Fort Worth Division
First American Title Insurance Company of Texas - Houston Division
F~rst American Title Insurance Company of Texas - San Antonio Division
Fu:st American Title Insurance Company of Texas - Tyler Dlwslon
ClUzens T~tle Company (Houston, Tx )
Fort Bend Title Company, Inc (Rachmond, Tx )
First Title Company of Waco (Waco, Tx)
3 You are entitled to receive advance d~sclosure of settlement charges m connection with the proposed transaction to which
this comnntmant relates Upon your request, such disclosure will be made to you Adthttonally, the name of any person,
from or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement
statement
You are further adwsed that the esUmatad title prermum* is
Owners Pohcy $
Mortgage Policy $
Endorsement Charges $
Total $ 0 00
Ofthls total amount $ or l$ 00% wdl be pmd to the pollcy issuurg Tltle lnsurance Company $ or 85 00% wfll
be retained by the issuing Title Insurance Agent, and the remainder of the estimated prermum will be paid to other pames as
follows
To Whom For Services
Amount
$
$
$
* The esUmated pmrmum Is based upon reformation furnished to us as of the date of thas Comrmmaent for T~fle Insurance
Final determination of the amount of the prermum will be made at closing m accordance with the Rules and Regulations adopted
by the State Board of Insurance
IMPORTANT NOTICE AVISO IMPORTANTE
FOR INFORMATION, OR PARA INFORMACION, O
TO MAKE A COMPLAINT PARA SOMETER UNA QUEJA
CALL OUR TOLL-FREE TELEPHONE NUMBER LLAME AL NUMERO GRATIS
1-800-347 7826 1-800-347-7826
ALSO TAMBIEN
YOU MAY CONTACT PUEDE COMUNICAtISE CON
THE TEXAS DEPARTMENT EL DEPARTAMENTO DE SEGUROS
OF INSURANCE AT DE TEXAS AL
1-800 252-3439 I 800 252 3439
to obtain reformation on para obtener mformaclon sobre
1 filing a complaint against an insurance 1 como someter una queja en contra de
company or agent, una compafiia de seguros o agente de
seguros,
2 whether an msurance company or agent
IS licensed, 2 si una compafiia de seguros o agente de
seguros tlene hcencla,
3 complaints received against an insurance
company or agent, 3 quejas reclbldas en contra de una
4 pohcyholder r~ghts, and compafiia de seguros o agente de seguros,
4 los derechos del asegurado, y
5 a hst of consumer pubhcatlons and
services avadable through the 5 una hsta de pubhcaclones y serv~clos para
Department consumldores dlsponlbles a travds del
Departamento
YOU MAY ALSO WRITE TO TAMBIEN PUEDE ESCRIBIR AL
THE TEXAS DEPARTMENT OF INSURANCE DEPARTAMENTO DE SEGUROS DE TEXAS
P O BOX 149104 P O BOX 149104
AUSTIN, TEXAS 78714-9104 AUSTIN, TEXAS 78714-9104
FAX NO (512) 305-7426 FAX NO (512) 305 7426