2000-213\\CHLOUVOLI\SHAM&DEP LW Ma mt\OrlunueS0 DuRndwgea 4 tRoWMUipUon dx
ORDINANCE NO o'IOOD- o? /3
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND MARY ANN MCDUFF, RELATING TO THE PURCHASE OF A TRACT
PREVIOUSLY CONVEYED FROM DICK G MCDUFF BY SPECIAL WARRANTY DEED
RECORDED IN VOLUME 4054, PAGE 0474, OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS, FOR FLOOD MITIGATION ASSISTANCE PROJECT
GRANT, TEXAS WATER DEVELOPMENT BOARD NO 99-011-027, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager or his designee is hereby authorized to execute a Real
Estate Contract between the City and Mary Ann McDuff, in substantially the form of the Real
Estate Contract which is attached to and made a part of this ordinance for all purposes, for the
purchase of a tract of land for flood mitigation assistant project grant
SECTION 2 The City Manager is authorized to make the expenditures as set forth in the
attached Real Estate Contract
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the AO--' day of 12000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
r
BY A '0
APP VED 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 Mary Ann McDuff
(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
I 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 consisting of all of that tract
conveyed from Dick G McDuff to Mary Ann McDuff by special warranty deed
recorded in Volume 4054, Page 0474 of the in the Real Property Records of Denton
County, Texas , together 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
2 However, it is expressly understood that the Seller shall have the right to salvage and
remove any part of the existing residence and/or outbuildings presently situated upon
said tract within a time period of ninety days (90) after the date of conveyance
(Closing) After ninety days (90) from the date of conveyance (Closing) ownership
of any remaining structures, appurtenances and personal property shall vest in the
Purchaser, to be removed and disposed of at the sole discretion of the Purchaser
3 Possession of the Property by the Purchaser shall occur at 12 01 A M , September 30,
2000
4 The Seller hereby acknowledges that the Purchaser has previously informed the Seller
that Purchaser has negotiated for the purchase of the tracts with no intent to use its
powers of eminent domain to obtain the parcels
PURCHASE PRICE
Amount of Purchase Pnce The purchase price for the Property shall be
the sum of Ninety Two Thousand Dollars and No Cents ($92,000)
Payment of Purchase Price The full amount of the Purchase Price shall be
payable in cash at the closing
Page 1 of 7
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
Prelimmaa 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 an owner's policy commitment
(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
Purchaser understands that Seller is under no obligation to cure any title
defects complained of by Purchaser stated in Purchaser's written notice to
Seller as provided in this paragraph 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
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
satisfactions 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
Page 2 of 7
Seller's Comulrance Seller shall have performed, observed, 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
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to purchaser, to the best of its current
knowledge, as follows, which representations and warranties shall be deemed made by
Seller to Purchaser also as of the closing date
There are no parties in possession of any portion of the Property as
lessees, tenants at sufferance, or trespassers
Except for the prior actions of Purchaser, there is no pending or threatened
condemnation 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
governmental authority
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 (RCRA), as amended, and the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA), as amended
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 establish boundaries and monuments necessary to
consummate the above-mentioned real property purchase transaction
CLOSING
The closing shall be held at the office of Texas Title Company (the "Title
Company"), 2215 South Loop 288, Suite 320, Denton, Texas on or before June 301H
2000 (which date is herein referred to as the "closing date") The closing date may be
extended by mutual agreement of the parties
Page 3 of 7
CLOSING REQUIREMENTS
Seller's Requirements At the closing Seller shall
A Deliver to Purchaser a duly executed 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 hens,
encumbrances, conditions, assessments, and restrictions, except for
the following
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
Purchaser's Obligations hereof, and
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"), in Purchaser's favor in the full
amount of the purchase price, insuring Purchaser's fee simple title
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
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
Seller,
The exception as to restrictive covenants shall be
endorsed "None of Record".
The exception as to liens encumbering the Property
shall be endorsed "None of Record" other than
those set forth in "Purchaser's Obligations",
The exception for taxes shall be limited 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
Possession (12 01 A M , September 30, 2000)
Page 4 of 7
Purchaser's Requirements Purchaser shall pay the consideration as
referenced in the "Purchase Price" section of this contract at Closing in
immediately available funds
Closing Costs Seller shall pay all taxes assessed by any tax jurisdiction
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 herein shall be paid by Purchaser, except for
Seller's attorney fees
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of this 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 indemnify and hold Purchaser
harmless from any and all claims for any such commissions
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations
hereunder or shall fail to consummate the sale of the Property except Purchaser's default,
Purchaser as its sole and exclusive remedy 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 consummate 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 as its sole and exclusive
remedy may enforce specific performance of this Agreement, or terminate this
Agreement by written notice delivered to Purchaser
MISCELLANEOUS PROVISIONS
Assignment of Agreement This Agreement may not be assigned by
Purchaser without the express written consent of Seller
Survival of Covenants Any of the representations, warranties, 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
Page 5 of 7
Notice Any notice required or permitted to be delivered hereunder shall
be deemed received when sent by United States mail, postage prepaid,
certified marl, 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 Mary Ann McDuff
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
Parties Bound This Agreement shall be binding upon and inure to the
benefit of the parties and their respective legal representatives, successors
and assigns where permitted by this Agreement
Legal Construction In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, said invalidity, illegality, or unenforceabihty
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
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
Time of Essence Time is of the essence in this Agreement
Gender Words of any gender used in this Agreement shall be held and
construed to include any other gender, and words in the singular number
shall be held to include the plural, and vice versa, unless the context
requires otherwise
10 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
1 I 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 Seller, Purchaser shall have the right
to terminate this Agreement upon written notice to Seller
Page 6 of 7
DATED this of P ek day of Gu~i '2000
PURCHASER
THE CIT F
BY 10i
Michael Jez
City M ger
215E teKi
Denton, Texas 76201
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY ~n vtl~~ //(~C~LIt ei
APPROVED AS TO LEGAL FORM
HERBERT` LPR~OUTY, CITY ATTORNEY
BY
SEVER
Mary Ann cDuff
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON §
This instrument was acknowledged before me o': 2'AAIX / 2000
by Mary Ann McDuff 77"~~
Notary Public, in and for the State of Texas
My Commission Expires ~Uy y
Seller's Address
''P`er Y,`s DENISE M PEREl
300 Stroud Street} Smfa7zm
Denton, Texas 76201
Page 7 of 7
TExAS RESIDENTIAL OWNER POLICY OF TITLE
LawyersTi4ejnsumnce O 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
property or 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
promise to pay yo or take other action if you have a loss resulting from a covered title risk
Your insuranc under this contract is limited by the following
• Exclusionslon 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 attorne 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 defenyour 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 exercising 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 I9sus~N'Ec
,c
Countersigned yr;' S -EA L i
rte 1925 By Aut orized Officer or Agent 4' .9;
Page 1
By ?04.I a d§PAY
Attest Cj
Secretary
Residential Owner P~Ilcy of TitleInsurance T 1 R
Form 1186.13 i ORIGINAL
E95TE00-609 aaewm-1OaiN03
wI91o e411su1e6e nob puelep 01 Jo ;o esodslp of Lllllge inc
sloeye e)npe; JnoA 1941 w%xe e41 of Aluo peonpaJ s1 uoga6gqo Jno
wlelo e411swebe noA
puelep of Jo to esodslp o1 Al41ge Jno sloaye eJnpel JnoA (Z)
pup eollou Idwad eA16 of lie; noA (L)
It Papua Jo peonpoi s1 noA of uoge6gqo Jno
s1 puel eql eJagm Alunoo egl pup V elnpagoS
w umogs Jegwnu Aollod 641 opnlow eseald 6uqum
w an A;qou osle noA 1e41 puewwooeJ em euo4d Aq sn A;Ilou
AIIeg1u1 noA 11 Aewoye swlelo a Jol 4se Pup L90L Zbb 009 L
Ileo Jo IEl9L Xi selleO oOZI s11nS peoS Jelgwea L99L
uogwod)oo eouwnsul ep11 s)eAm91 of eogou agl puaS
Alldwwd sn Alllou
Isnw noA ally pwnsul JnoA lsuls6e slg6u a swlelo euoAue 11
wlel0 JnoA 10 0011ON Sn aA10 lsn1N noA e
w1e10 a e>Iew of ssa0wd s1g1 mollo; lsnw noA
wIV'10 V 3NVw noA dl S311n0 wnOA E
Z 9B9d
s>Isld e1111 PeJenoo
e41 10 9 well w eBwenOO Ue11 leuelew pup Jogel e41 llwq
IOU seop s1g1 eleo Aollod e41 Je4u 91111 JnoA loeye lsJll le4l P
Jo noA of ssol ou u1 llnseJ Imp o
sp)ooeJ ollgnd egg ul pe)eedde AegI sselun
eMl A0110d e41 uo an of IOU lnq noA of umouM em 3941 q
noA Aq of peaJ6e Jo pemope peleeJo em 1e41 e
SNSU 91111 JOAOO IOU op eM E
6uNuI egl;o bwmouJ 1no411m puel e4l 146noq noA It noA uo
bulpulq s1 pup oleo A3110d a4l e)o;eq peuedde4 bu1>lel e41 q
Jo e1e0 Aollod (341 uo
sp)ooeJ ollgnd e41 u1 weedda 1g61J e41 1o eslOJexe;o eollou a a
sselun
11 6uluwepuoo Aq puei e41 EIN91 01 1461J 041 Jenoo IOU op GM Z
S elnpe4oS u1 uogdaOx3 up eq Am e)e41 JenemOH
61130 Aogod Is spJooeJ ollgnd e41 w Jeedde le4l luaweOJolue
;o SeOgou Jo suo1jelO1A 10 saogoU of A1dde IOU seop uolsnloxe s141
uogoelmd Ia;uewuwlAu3 P
UOISIA p puel o
pue1041 uo slu9wenwdwl q
esn puel a
6ulwe3uoo suo11a1n6w pup smel pup seoueulp)o
Buluoz pup bulpllnq sapnlOul s1y1 uollelnBei 1U6wUJ6A06
JO Mal AUe 10 U0119101A Jo luewe0J0;ue 941 JO )emod aollod
leluewu)ano6 to asloJexe e41 Aq pesn133 ss01 Jenoo IOU op eM L
suolsnlOx3 esegl
ww; 6u1lnseJ sesuedxe pup seel s6ewoye slsoo ssol 1su1ebe
noA eJnsw IOU op am a elnpe4oS ul suogdeox3 a41 of uo41PPe ul
SNOISn'1JX3
eou61sse Jo awe;sueJl JnoA wnsul IOU op eM
41eep JnoA;o esneoaq epll JnoA SOA1ewJ o4m euoAue wnsul aM
ejew noA saqu9❑em 01411 Aue Jol e1ge11 we o
Jo ep11 JnoA sAnq o4m euoAue woJ; e6ebpow a umo q
e1j11 JnoA umo a
noA se 6uol se noA oinsul eM
30Vkl3A00 d0 NOI1VnN11N00 Z
paJnsw e4l JnoA'nOA 6
uolle)od)oo eoue)nsul alpl s)aAmel
s1 s1g1 Auadwoo eoue)nsul 91311 a41 Jno Jo sn 'aM
V alnpe4oS
u1 umogs se puel eql u1 Ise)alul d14sJeumo egl allll
I
ellq JnoA
6u113eye SJellew 10 e01JOU 19601 8A16 1e41 peleool s1 Apedwd
941 eJegm Alunoo 941 u1 s1e1o14o oggnd Aq peulululew
pue mel sexel Aq peimbe) spJoow esogl spJoaaS ollqnd
4
luawnJlsul Alunoes Jaglo Jo
lsnJl to peep a se 4ons puel e41 uo ua11 to edAl v a6e6uow
6
spJooeJ ollgnd e41
Aq peJnsul up of pelndwl eq Aew 1e41 aogou Jo ebpelmou4
eA13on)isuoo IOU e6palmouN IenloV umouM Jo eBpalmouH
1
AuedoJd law We 1941 pupl a41 uo sluaw9Awdw Aue pup V
elnpe4oS u1 paquosep pun wnlulwopuoo Jo puel e41 puel
a
eugeplnB Jo eoueulp)o uo13e1n6e) UOISlnwd leuognl4suoo
mel jowl Jo elpls lwepel AuV uo9eln6aS luewuJanoO
P
esodJnd 1eloads a Jol esn of Ig6u
e41 se4 sale euoawos puel JnoA ;o uolyod V luewese3
0
Jeumo Joud
e Jo noA of ep4 10 eoueAeAUO0 J8410 Jo Peep V luawnooo
q
ssol
JnoA;O lowd 4slu)nl lsnw noA ewq e41 1e sen19A angoeds9)
e41 eJe senleA asegl >fsu epq pwen00 941 1411M puel
JnoA 1o en1eA egl put? Jlsu app peleAOO e41 lno4pm puel )noA
;o an1eA eql ueemleq aouweylp 941 s1 9141 ssol lenloV
e
SNOI11NId3O
SN01110N00
puel JnoA of sseooe agl;o )o Pue1 JnoA
1o uoglpuoo 1eo1sA4d e41 bulwaouoo swlelo Jenoo IOU op BM
91414 e41 )o Allpgela>IJewun to esneoaq puel JnoA uo Aeuow
puel Jo aseal 'Anq of uos)ed Aue 1o Inn;eJ 6qJ Jenoo IOU Op BM
( enoge (Z) o pup
(1) 0 u1 pegU3Sep sw1pj3 10 sedAl oml 941 Jenoo Op 8M)
9ogou
p)ooeJ leBel IOU sl noA of peep 941 1o uo4ep)oow 941 (Z)
Jo AJeAllep Jaye noA of peep 643 pJ00aJ
Jo; alp Alewp of Pepel lue6e 6ulnssl s11 Jo Auadwoo e41 (I)
sselun Je;suwl Ieque)ele)d a sem o
uogeulp)ogns elgellnbe
;o llnseJ a as pezueloe)a4ow Jo pelpulpJogns eq plno4s q
'pueplAlp elgeploA Jo uognqulslp
elg9PIOA 'Jelsmil luelnpneJl e0U9A9A000 luelnpne); a sum e
(es1MJe41o Jo 416 Aq epq to uoglslnboe Jo) ep11;o esego)nd
)noA 1e41 suoge6epe uodn pesaq w1elo Aue JeAOO IOU Op BM
SMSI f a1111 Pwenoo
e41 w 6BEUenOO ssews egl 11w11 IOU seop uolsnloxe s1g1
puel JnoA 4onol 1e41 sAemJelem Jo'sAelle sleeJls u1 q
v elnpe4oS;o c well w of p6JJajeJ
pup peglJosep A11eo1l1oeds es)e e41 aplslno puel Aue of a
146u a 10 NOVI Jenoo IOU Op BM
ep4 JnoA Jol en1eA Aed of a)npel;o loaye e43 moo IOU op eM
puel e41 wal pup of sseooe;o lg6u jubal Aue ene4 Sou op noA
HsIJ 9111t ulM0ll01941 SUGAO0 0919 A01 10d 9141
ally JnoA uo seoue)gwnous )o sueq Je41o eJe eJe41 I1
ally JnoA w sloelop Je41o eJe eJe41 of
e1111 9lglseel9pu1 Pup poO6 ene4 IOU op noA 6
puel JnoA uo luewespe up say esle euoewoS 9
suogdo Jo sloeJluoo
sesLal ;o lno 6ulsue e1111 JnoA u1 s1(46p ene4 s)e430 L
Jol Aed
of pesJ6e noA le41 leuelew pue Jogel Jo; sueq J9AOO IOU 111M
BM JanemOH elep Aollod e41 e)o;eq uogdeow JIa41 ene4
4o14m leuelew pue Jogel Jot epq JnoA uo sueq eJe eJe41 9
uolleloosse wnlulwopuo3 Jo s Jeumoewog a Aq e6Je43 e .
Jo luewssesse leloeds Jo xel luaw6pnf e .
1snJl;o peep Jo 015011ow e .
;o esneoaq epq JnoA uo ueq a at we41 9
e1411 JnoA of A1dde slueuenoo engoulsey 17
uoileuos)edwl Jo Alloedeoul Aousledwooul
ssa)np 'pnwl AJe6Jol ;o esneoaq ppenw s1 luewnoop V E
BUIPJOOOJ JO NeA11ep luew6pelMOUy3e
'eJnleuBls Jedo)dw1 1o esneoaq pllenul sl luewnoop V Z
e114 JnoA u1 Iswelul up sumo esle euoewoS L
S4Sp 01111 PeJeA00 we e)e41;1 noA a)nsul op eM s>Isu peJenoo
ou pip e)egl legl eslwoJd IOU op eM ele0 A0110d e41 Uo PU131 941
of ep11 JnoA loeya Ae41 11 (Z d) suolsn1Ox3 pup (q d S elnpe4oS)
suogdeox3 e41 of loe(gns SNSIJ epP BUIMOpo; e41 sJenoo AopOd sl41
SNSIH 31111 O3W3A00
9 eOgoN luleldwoo OL
9 UOISIAwd IOp)luo0 eJ111,13 6
9 uoge)11gJV S
9 s1g61y )noA to Jelsup)1 L
9 J4glgell Jno to uo4e11w11 9
9 espo ylnoo Jo wrelo a BullpupH 9
9 wlelo a;o an A16oN noA uagM seologo Jno q
9 pup Z wlelo a eJlepy noA;I se11n0 JnoA E
Z eBwenoo;o uogenuquoo Z
Z suog1u11eo I
9 Pup Z SNOLLION00
Z SNOISnl0X3
b SN011d30X3 S 31n031-10S
pupl e41 1o uogduose0 E
pe)en00 pu13l u1 lseJelul Z
pe)nsul;o ewpN I
E 111nom ONV 31VO Ii39wnN A0110d
E v 31n(331-10S
L S3SVO lHno0 lSNIVOV 0N3d30 of A1no yn0
Z SXSld 3111103H3A00
1 1N31N31tl1S 30VS3A00 S 113NMO
S1N31N00 d0 319V1
0114626 R 121 $*****92,000.00 $****139 20 0500 $****928 00 1000
LAWYERS TITLE INSURANCE CORPORATION
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES
CASE NUMBER DATE OF INSURANCE POLICY NUMBER
POLICY 2000 DE 114626-F (400)/km 7/10/2000 3 33PM $*****92,000 00 0114626
SCHEDULE A
1 Name of Insured.
CITY OF DENTON
2 We insure your interest in the land covered by this Policy is:
FEE SIMPLE
3 Legal Description of Land:
See Exhibit A attached hereto and made a part hereof for all purposes
TEXAS TITLE COMPANY
X/I
Countersigned Aut gg~glf8t4Fe
Valid Only If Schedule B
Schedule A Page 1 And Cover Page Are Attached
EXHIBIT "A"
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE
WILLIAM LOVING SURVEY ABSTRACT 759, CITY OF DEMON, TEXAS AND BEING THE
SAME CALLED FIRST TRACT AND SECOND TRACT AS DESCRIBED IN A DEED FROM DICK G
McDUFF, TO MARY ANN McDUFF, RECORDED IN VOLUME 4054, PAGE 474, REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS,
BEGINNING AT AN IRON ROD FOUND AT THE NORTHWEST CORNER OF THE SAID FIRST
TRACT AND THE SOUTHWEST CORNER OF THE SAID SECOND TRACT, BEING ON THE EAST
LINE OF A TRACT DESCRIBED IN A DEED TO DOUGLAS L CATES, RECORDED IN VOLUME
2553, PAGE 241, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 00 DEGREES 23 MINUTES 36 SECONDS EAST ALONG AND NEAR A CHAIN
LINK FENCE, A DISTANCE OF 48 40 FEET TO AN IRON ROD SET ON THE EDGE OF A
CONCRETE DRAINAGE CHANNEL.
THENCE SOUTH 88 DEGREES 58 MINUTES 04 SECONDS EAST WITH THE EDGE OF SAID
DRAINAGE CHANNEL, A DISTANCE OF 16 87 FEET TO A '/a INCH IRON ROD SET AT THE
BEGINNING OF A CURVE TO THE RIGHT,
THENCE WITH THE EDGE OF SAID DRAINAGE CHANNEL, AROUND A CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 73 DEGREES 40 MINUTES 01 SECONDS, A RADIUS OF 60 24
FEET, A CHORD OF SOUTH 56 DEGREES 02 MINUTES 13 SECONDS EAST 72 23 FEET, AN ARC
LENGTH OF 77 45 FEET TO A % INCH IRON ROD SET FOR CORNER,
THENCE SOUTH 11 DEGREES 38 MINUTES 12 SECONDS EAST WITH THE EDGE OF SAID
DRAINAGE CHANNEL A DISTANCE OF 7 91 FEET TO A A INCH IRON ROD SET FOR CORNER
ON THE NORTH LINE OF SAID FIRST TRACT;
THENCE EAST WITH THE NORTH LINE OF SAID FIRST TRACT, A DISTANCE OF 12 30 FEET
TO A X CUT IN A SAID CONCRETE DRAINAGE CHANNEL AT THE NORTHEAST CORNER OF
SAID FIRST TRACT, BEING ON THE WEST LINE OF A TRACT DESCRIBED IN A DEED TO
BONNIE TORRANCE, RECORDED UNDER COUNTY CLERK'S FILE NUMBER 96-80022039,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH WITH THE EAST LINE OF SAID FIRST TRACT IN SAID DRAINAGE CHANNEL,
A DISTANCE OF 80 00 FEET TO AN X CUT IN CONCRETE AT THE SOUTHEAST CORNER OF
SAID FIRST TRACE' ON THE NORTH LINE OF STROUD STREET,
THENCE WEST WITH THE SOUTH LINE OF SAID FIRST TRACT AND THE NORTH LINE OF
STROUD STREET, A DISTANCE OF 9100 FEET TO A X CUT IN A CONCRETE WALK AT THE
SOUTHWEST CORNER OF SAID FIRST TRA% ft
THENCE NORTH WITH THE WEST LINE OF SAID FIRST TRACT AND THE EAST LINE OF SAID
CATES TRACT, ALONG AND NEAR A CHAIN LINK FENCE, A DISTANCE OF 80 00 FEET TO
THE POINT OF BEGINNING AND CONTAINING IN ALL 0 239 ACRE OF LAND
LAWYERS TITLE INSURANCE CORPORATION
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2000 DE 114626-F (400)/km 7/10/2000 0114626
SCHEDULE B
We do not cover lose, costs, attorney's fees and expenses resulting from:
1 einsertwspecificrrecordingvdatatorodeleterthis exception ji(We must eith-
er
1 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 overlap ing of improvements Item
2 is modified to read in its entirety Any shortages in area."
3 Homestead or community property or survivorship rights, if any, of any
spouse of any insured
4 Any titles or rights asserted by anyone, including but not limited to,
persons the public, corporations, government or other entities
a. terennialnrivers andastreamsilakes, bays, gulfs ordoceans, orable or
b to lands beyond the line of the harbor or bulkhead lines as established
or changed by a% government or
c. to filled-in lands, or artificial. islands, or
d to statutory water rights, including riparian rights, or
e to the area extending from the line of mean low tide to the line of
vegetation or the right of access to that area or easement along and
across that area
5 Standby fees, taxes and assessments by any taxing authority for the year
2a000 , and subsequent pears] and subsequent taxes and assessments by any
tBRIYfg authority for prior years due to change in land usage or ownership,
4b4ut not those taxes or assessments pffor prior years because of an exemption
rante, ortbecausevofuimprovements notrassessednfor aeprevioustax years TAX
6 evidenceOofn~heamatters (Welmustr inserttmatters ortdeleta thin is exceptiong)
Rights of parties in possession
7 Easement created in instrument executed by MRS CALLIE TAYLOR, et al to
WOLXS PROGRESS ADMINISTRATION OF TEXAS, iointly with the CITY OF DEN4ON,
dated November 7, 1923 filed March 10, 11038, recorded in Volume 271, Page
213, Deed Records, DEN'ON County, Texas
8 Rights of tenants in possession, as tenants only, under any unrecorded
rental or lease agreements
Valid Only If Schedule A
Schedule B Page 1 And Cover Page Are Attached
CONDITIONS - continued
you Must Give Us Proof of Your Loss If We Request It
You must send to us 0 we request your signed proof of loss
within 91 dots of our request on a standard form supplied by
us W nhin 1 days after we receive your notice of claim we
must re us t a signed proof of loss If not we waive our
right to requ re a proof of loss This waiver will not waive our
other rights rider the policy The statement must have the
following Inf rmation to the best of your knowledge
(1) the Cc red Title Risks which resulted in your loss,
(2) the doll r amount of your loss, and
(3) the method you used to compute the amount of your
loss
You Must Provide Papers We Request
We may require you to show us your records checks
letters contracts, and other papers that relate to your claim
of loss We may make copies of these papers
If you tell s this information is confidential, we will not
disclose it t anyone else unless we reasonably believe the
disclosure Is necessary to administer the claim
You Must Answer Ouestlons Under Oath
We may require you to answer questions under oath
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) sho4w us the papers we request and
(2) your fQIlure or refusal affects our ability to dispose of or
to defend you against the claim
I OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM
a After we receive your claim notice or in any other way learn
of a matter for which we are liable, we can do one or more of
the following
(I) 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 end only those costs, attorneys' fees and
expensas 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) Instittte all necessary legal proceedings to clear the
title t the property
(2) Inderr)nify you pursuant to the terms of the policy
(3) Issue f new title policy without making exception to the
covered title risk If another insurer issues the new title
policy to your purchaser tender or other transferee
without making exception to the covered title risk we will
indemnity the other Insurer
(4) Secur@ 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 ACLAIM OR COURT CASE
You must cooper to with us in handling any claim or court case and
give us all relevant information
We must repay yl~u 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
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
of 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
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 not 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 and
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 Department 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
B 1186 13
Page 5
F, ~ ~N f a
o na ~cv m o~m3m
2L W- <
EL 0 C) = (D
mph y v o COD
c < ~ v
WWW 'o ~o
z 3 m `Q y~ w F' c jB g v
C O' O O N N J ~ K O O
fil K N lV O O &-(a O C V 0 ~I
y °w
~n w »
E7 v C O N o 0° 3 ? v 2
6o n'i (n -~v 6''d ~2c 3 moo, a
ow5ag0ry w :E c@@ mm 5 Z
~m€W V_v rdo
WD c
V ogp
0
CD 60
@ <D E?
0 0
g m 1~ m