B.J. Foster Survey, Abstract No. 519, 2012 - Deed (2) Electronically Recorded Tarrant County Texas
Official Public Records 12/21/2012 8:55 AM D212312302
PGS 8 $44.00
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Mary Louise Garcia Submitter: AC ,rsel ft 235
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CI'TY OF SOUTHLAXE
RTT GF # - / (JS DEED
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That Purvez Malijc and Seems Malik of the County of Tarrant hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Thirty-Five Thousand Four Hundred
Fifty • d No /,100 Dollars ($35A50.00) and other good and valuable consideration, to Grantors in hand
paid by the City of Southlake, Texas, acting by and through it's governing body, receipt of which is hereby
acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by
these presents do Grant, Bargain, Sell and Convey unto the City of Southlake, Texas all that certain tract or
parcel of land in Tarrant County, Texas, more particularly described in Exhibit "A ", save and except the
property described in Exhibit "B ", which is attached hereto and incorporated herein for any and all
purposes, and depicted in Exhibits "A" and "B" attached hereto and incorporated herein for all purposes of
this dedication.
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title
to the following improvements located on the property described in said Exhibit "A ", save and except the
property described in Exhibit "B" and being 7,124 square feet to wit:
•
NONE
Grantors covenant and agree to remove the above - described improvements from said land by the N/A, N /A,
•
subject, however, to such extensions of time as may be granted by the City of Southlake in writing; and if
for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without
any further consideration, the title to all or any part of such improvements not so removed shall pass to and
vest in the City of Southlake forever.
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed, but waive all rights
of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for
same; however, nothing in this reservation shall affect the title and rights of the City of Southlake to take
and use all other minerals and materials thereon, therein and thereunder.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the City of Southlake and its
assigns forever, and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and
assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of
Southlake and its assigns against every person whomsoever lawfully claiming or to claim the same or any
part thereof.
/
IN WITNESS WHEREOF, 's instrument is executed on this the day of
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R'RR RR RRCi R4 RR RR R RRR N Qi1FS%RR RS R ROI Nkki kifF 7 ISR} R if N R
i %sZ 4t Z9t Z ZRR RLQLiNLi li I: P[a ofpN
ACO i"PL•EDGEMEe'9 i
THE STATE OF TEXAS, / ._
COUNTY OF TARRA T io
This instrument was acknowledged before me on this Gw ° i�—
to Z
by _ i'arr;ez Maiik.>aj E rna Malik for the purposes and consideration herein expressed.
GWEN UNDER MY HAND AND SEAL OF OFFICE, this b day of ^ r ,J .a'' , 2012.
,
NOTARY SEAL //
€otal Public, - ± -:
AIRY P46 JANET CERON
P
• i 'I Notary Public
€€ ,,,� p�?,.� State of Texas
• *,� Comm. Expires 09/22/2016
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After ReNiling.a 4333Y 12:.
RETURN TO:
Jeanne M. Green
Right -of -Way Supervisor
100 E. Weatherford St.
Fort Worth, TX. 76196 -0601
f ..
•
'EXHIBI ► A'
Parcel 235
F.M. 1938
CSJ: 1978 -01 -052
April 23, 2011
Exhibit A, Page 1 of 4
Being a 0.196 acre (8,543 square foot) tract of land situated in the H.J. Foster Survey, Abstract
Number 519, Tarrant County, Texas, and being a portion of that certain tract of land to Parvez
and Seciva Malik, being a portion of Lot 1, Malik Estates Addition, as recorded in Cabinet A,
Slide 5711, Plat Records, Tarrant County, Texas (P.R.T.C.T.), being a portion out of the
remainder of that certain tract of land, as recorded in Volume 12526, Page 410, Deed Records,
Tarrant County, Texas (D.R.T.C.T.), part of an Easement for Ingress, Egress and Utilities
recorded in Volume 8947, Page 1351, D.R.T.C.T. and Terns conditions, stipulations of and
Easements granted by agreement between adjoining landowners for use of Private Road, recorded
in Volume 10634, Page 104. D.R.T.C.T., as affected by Instrument(s) recorded in Volume 12531,
Page 1164, in Volume 14338, Page 184, and under Clerks File No. D206394840, D.R.T.C.T. and
being more particularly described by metes and bounds as follows;
BEGINNING at a set 5/8 inch iron rod with Transystems cap on the Proposed Easterly Southlake
Right-of-Way line, a 16 foot wide Right- of-Way, said point also being on the North line of said
Malik Estates Addition, also being the South line of a Lot 5C, Block 1, Palomar Addition, as
recorded in Cabinet A, Slide 12339, P.R.T'.C.T., being South 89 °09'37 "West, a distance of
268,93 feet from a foued 1/2 inch capped iron rod for the Northeast corner of said Lot 1, Malik
Estates Addition and the South line of said Palomar Addition;
(1) THENCE South 6 °08'56"West, with the Proposed Easterly Southlake Right -of -Way line, a
distance of 158.21 feet to a set 5/8 inch iron rod with Transystems cap on the Easterly line of a 23
foot Right -of -Way Reservation as shown by said Malik Estates Addition Plat, point also being the
beginning of a curve to the left, whose center point bears South 83 °51'54" East, a distance of
1,920.00 feet;
(2) THENCE with said curve and with the Proposed Easterly Southlake Right- of-Way line, in a
Southerly direction, continuing through a central angle of 6 °1 3'55 ", an are distance of 208.83 feet
to a set 5/8 inch iron rod with Transystemsrr cap (at 193.21 feet passing the South line of said Lot
1, Malik Estates Addition and the North line of the said Remainder of Malik tract);
(3) THENCE South 0°05'49" Fast, with the Proposed Easterly Southlake Right-of-Way line, at a
distance of 130.58 feet passing the North line of said Easements, continuing a total distance of
190.58 feet to a set 5/8 inch iron rod with Transystems cap on the South line of said Remainder of
Malik tract, the South line of said Easements, also being along the North line of a tract of land to
Valerie Ioyce Clark, as recorded in Volume 7794, Page 102, D.R.T.C.T.;
(4) THENCE North S9 56'23 "West, with the South line of said R.einainder of Malik tract, the South
line of said Easements and the North line of said Clark tract, a distance of 16.00 feet to a set 5/8
inch Iran mat with Transystems imp on the Proposed Easterly Right -of -Way line of F.M. 1938;
(5) THENCE North 0 °05'49"West, with the Proposed Easterly Right- of-Way line of F.M. 1938, at a
distance of 60.00 feet passing the North line of said Easements, continuing a total distance of
205.96 feet to a set 5/8 inch iron rod with Transystems cap along the North line of said
Remainder of Malik tract and the Existing Easterly Right- of-Way line of F,M. 1938;
Parcel 235
T.M. 1938
CSJ: 1978 -01 -052
April 23, 2011
Exhibit A, Page 2 of 4
(6) THENCE North 89 ° 09 "39 "East, along the North line of said Remainder of Malik tract and the
Existing Easterly Right -of -Way line of F.M. 1938, a distance of 5.41 feet to the Southwest corner
of said 23 foot Right -of -Way Reservation, point also being an ell corner of the Existing Easterly
Right -of -Way line of P.M. 1938;
(7) THENCE North 0°24".40 - West, along the Existing Easterly Right -of- -Way line of F.M. 1938, a
distance of 119.99 feet to a set 518 inch iron rod with Transystems cap, point also being the
beginning of a curve to the right, whose center point bears South 86 °0S`03 "East, a distance of
1,936.00 feet;
(8) THENCE with said curve and with the Existing Easterly Right -of -Way of F.M. 1938, in an
Northerly direction, through a central angle of 2 °13'59'', an arc distance of 75.45 feet to a set 5/8
inch iron rod with Transystems cap;
(9) THENCE North 6 ° 08'56"East, with the Existing Easterly Right of Way of F.M. 1938, a distance
of 138.68 feet to a set 5/8 inch iron rod with Transystems cap;
(10) THENCE. North 13"24'40 "Vilest, with the Existing Easterly Right of Way of F.M. 1938, a distance
of 16.98 feet to a set 5/8 inch iron rod with Trwtsystems cap point on the Northeast comer of said
23 foot Right -of -Way Reservation, the Northwest comer of said Lot 1, Malik Estates Addition,
and along the South line of said Lot 5C, Block I, Palomar Addition;
(11) THENCE North 89 ° 09'37"East,with the North line of said Lot 1, Malik Estates Addition and the
South line of said Lot 5C, Block 1, Palomar Addition, a distance of 18.07 feet to the POINT OF
BEGINNING, containing 0.196 acre (8,543 square feet) of land, more or less.
NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North
American Datum 1983 (NAD 83)., with all distances and coordinates adjusted to surface by
project surface factor of 1..00012825.
NOTE: Plat to accompany this legal description.
Parcel 235
F.M. 1938
C SJ: 1978 -01 -052
April 24, 2011
Exhibit A, Pape 3 of
That 1, Timothy A. Frost, as Registered Professional Land Surveyor in Tex.as, hereby states that this survey
wa;9 made from a n aactua! on the ground survey n3ade in July, 2010 under my supervision, that all
monuments exist as shown Hereon and this survey substantially conforms with the current professional
and technical standards as sct forth by the Texas Board of Professional Land
d
pp fey � ,•
Timothy A. , st
Registered Professional Land. Surveyor o'
Teas .Registration Number 531 *:
^ # * ez_
Commitment for Title issued by Alliant National Tide Ins Company, with an effective date of March 21, 2012,
issued date of April 5, 2012 GF #12-00634 affecting subject prs i ty.
C. Interest in all oil, gas, and other minerals as .deserved in deed recorded in Vol. 717, P8. 613, D.R..T.C'.T.
(Surveyor. has no opinion)
D. Easement for ingress, cress and Utilities recorded in Vol, 8947, PG. 1351, D.R.T.CT. (,its)
E. Terms, conditions, stipulations of, eordj easements granted by Agreement Between .Adjoining Landowners For
Use of Private Road, recorded in Vol, 10634, Pg. 104, D. as affected by instrument(s) recorded in Vol.
12531, Pg. 1164, in Vol. 14338, Pg. 184, and under Clerks File No. 1)2063 840, D.R.T.C.T. (Affects)
, .
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Parcel 235A
F.M. 1938
CSI: 1978 -01 -052
November 7, 2012
Exhibit A, Page 1 of 2
Being a 0.033 acre (1,419 square foot) tract of land situated in the D.J. Foster Survey, Abstract Number 519,
Tarrant County, Texas, and being a portion of that certain tract of land to Parma and Seema Malik, being a
portion of Lot 1, Malik Estates Addition, as recorded in Cabinet A, Slide 5711, Plat Records, Tarrant County,
Texas (P.R.T',C.T.), and being more particularly described by metes and bounds as follows;
BEGINNING at a set 5/8 inch iron and with Transystems cap on the Proposed Easterly Southlake Right -of -Way
line, a 16 foot wide Right -of -Way, said point also being on the North line of said Malik Estates Addition, also
being the South line of a Lot 5C, Block 1, Palomar Addition, as recorded in Cabinet A, Slide 12339, P.R.T.C.T.,
being South 89 "West, a distance of 268.93 feet from a found 1/2 inch capped iron rod for the Northeast
cor uer of said Lot 1, Malik Estates Addition and the South line of said Palomar Addition;
(1) THENCE South 6 "West, with the Proposed Easterly Southlake Right-of-Way line, a distance of 15811
feet to a set 5/8 inch inn rod with Transystems cap on the Westerly line of said Lot 1 and the Easterly line of a 23
foot Right -of- -Way Reservation as shown on said Malik Estates Addition Plat,
(2) THENCE North 0°24'40 "'rest, along the Westerly line of said Lot I and the Easterly line of said 23 foot Right-
of-Way Reservation, a distance of 140.06 feet to a set 5/8 inch iron rod with Transystems cap on the Existing
Easterly Right of Way of F,M. 1938;
(3) THENCE North 0 °24'40 "West, with the Existing Easterly Right of Way of F.M. 1938, a distance of 16.98 feet to
a set 5/8 inch iron rod with Transystems cap at the Northeast corner of said 23 foot Right -of -Way Reservation, the
Northwest corner of said Lot 1, Malik Estates Additions, and on the South line of said Lot 5C, Block 1, Palomar
Addition;
(4) THENCE North 89 ° 09'37 "East,with the North line of said Lot I, Malik Estates Addition and the South line of
said Lot 5C, Block 1, Palomar Addition, a distance of 18,07 feet to the POINT OF BEGINNING, containing
0.033 acre (1,419 square feet) of land, more or less.
NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North American Datum
1983 (NAIL 83)., with all distances and coordinates adjusted to surface by project surface factor of 1.00012825.
NOTE: Plat to accompany this Iegal description.
That 1, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey was
made from an actual on the ground survey made in July, 2010 under my supervision, that all monuments exist as
shown hereon and this survey substantially conforms with the current professional and teclutical standards as set
forth by the Texas Board of Professional Land Surveying. •
^ . :t..::> `
Timothy root {: 0�T
Registered Prof .;oxael Lem' Stare yer °, , f
Texu Reiyagrati� 3 N+ ar her 5316 � ` '
1 . As. PAi.agNi Astor Es noosvoie.,ft Assocomoo
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0.1.A T,C, T. - treAdtoPtAsit Fiattgrto, rag Taxa§ • ,1 , A ,
AND SEEMA MALI I K
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AFFIDAVIT OF URBAN HOMESTEAD
AND DESIGNATION OF HOMESTEAD
-
STATE OF TEXAS
Before me, the undersigned authority appeared PARVEZ MALIKS and wife, SEEMA MALIK (the Affiants)
(whether one or more), who being by me duly sworn, on his /her /their oaths stated the following to be
true, correct and complete:
1. The Affiants own the title to the following contiguous Land (the Urban Homestead):
[see attached Exhibit "Al
2. The Affiants live on, claim, use, since 2001, and hereby designate the Urban Homestead as their
homestead.
3. The Urban Homestead is Urban Property and Urban Homestead. The Urban Homestead is (a) located
within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; (b) served by
police protection (such as city police or sheriff under agreement with the city), paid or volunteer fire
protection, and at least three of the following services provided by a municipality or under contract with
a municipality (such as by franchise or other contract with a municipality: (1) electric, (ii) natural gas, (iii)
sewer, (iv) storm sewer, and (v) water; (c) urban in character and is surrounded by and in an area that is
urban.
5. The Affiants do not have or claim any other property (other than the Urban Homestead) as
homestead and do not claim a homestead tax exemption against any other property.
6. The Affiants acknowledge that Republic Title and it's Underwriter, First American Title Company, are
relying an this written representation, affidavit and designation of homestead by Affiants and hereby
agree to indemnify and hold harmless Republic Title and First American Title Company as to any Toss,
costs, liability, expenses or damages resulting from any incorrectness in this written representation,
affidavit and designation.
PARVEZ ► K
SEEMA • LIK
State of Texas
County of Tarrant
Sworn to and subscribed before me the undersigned authority by PARVEZ MALIK and wife, SEEMA
MALIK o is the ,..Z-W clay obi/L(2- 2012.
7 7 —
Notary Public in and for
the State of Texas �iPAY
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State of as
mm• Expires 09/22/2016
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EXHIBIT "A"
TRACT I
BEING 2.14 acres of land out of the B. J. FOSTER =WET, ABSTRACt 1519,
Tarrant County, Texas and described by metes and bounds as follows:
BEGINNING at an iron pin 3195.16 feet Barth and 25:0 feet East of the
Southwest earner of the a. J. Poster Survey, said point being in the East
line of Precinct Line Road;
THENCE Ncrth 00 degrees 00 minutes 05 seconds East, along the East line of
Precinct Line Road, 561.46 feet to iron pin for corner;
THENCE North 89 degrees 30 minutes East, 166.0 feet to iron pin for corner;
THENCE South 00 degrees 00 minutes 05 seconds East, 561.46 feet to iron pin
for corner;
THENCE South 89 degrees 30 minutes West, 166.0 feet to the POINT OF
BEGINNING and CONTAINING 2.14 acres of land, more or less.
TRACT II
BEING 2.14 acres of land out of the B. J. FOSTER SURVEY A8STBACT 4519,
Tarrant County, Texas and described by metes and bounds as follows
BEGINNING at an iron pin 3195.16 feet North and 151.0 feet East from the
Southwest corner of B. J. Foster Survey;
THENCE North 00 degrees 00 minutes 05 seconds last, 563.46 feet to iron pia
for corner;
THENCE North 89 degrees 30 minutes East, 166.0 feat to iron pin for corner;
THENCE South 00 degrees 00 minutes 05 wends West, 561.46 feet to iron pin
far corner;
'HENCE South 89 degrees 30 minutes West, 166.0 feet to the POINT OF
BEGINNING and CONTAINING 2.14 acres of land, more or lees.
Tracts land 11 include Lot 1 of MAUK ESTATES ADDITION, to the City of Southlake, Tarrant County, Texas,
according to the Plat thereof recorded in Cabinet A, Slide 5711, Plat Records, Tarrant County, Texas.
SAVE AND EXCEPT from the above the land described in Warranty Deed to One Capricorn Investments
Limited Partnership, dated 05/20/2005, recorded in cc #205143700, Real Property Records, Tarrant
County, Texas, AND the land described in Judgment filed of record in cc#212042415, Real Property
Records, Tarrant County, Texas.
CSO SIGNATURE FORM
This form must accompany any document sent to the Mayor for signature. The
document must be reviewed and initialed by the Project Manager and Department
Director.
Document Title: Settlement Statement Closing Documents for Malik Parcel 235
Date: December 17, 2012
Need Council Action: No
v
File Project Name: FM 1938 Phase II iver4P/41;ey4,1",P)6
Project Manager: Cheryl Taylor /Cristina McMurray 00 R4
Return to: Valerie Potter @ ext. 8098
V
Agreement
Change Order
Letter /Memo
Al p
Easement — TO BE FILED WITH COUN
Resolution /Ordinance /e Claim D-e.
Ar_____
Director approval: /
Robe 1! * trice, P.E.
For PWA Department Use Only
Prior to Execution:
1✓-P Admin Secretary — 2 Document Originals / Cover Signature Form /
Return Address on Doc / Return Address Sent to Engineer as Outlook Contact
, Project Engineer /Manager - Initials
tt; Deputy Director /City Engineer Initials
ir i ssistant to Director Review
/ �n�r Director Signature
Admin Secretary - Document Tracking Log
Republic Title of Texas, Inc.
550 Bailey Avenue, Suite 100 • Fort Worth, TX 76107
REPUBLIC TITLE®
Buyer's Final Settlement Statement
Property: Parcel 235, Southlake, TX File No:
Officer: Janet Ceron/JC
New Loan No:
Settlement Date: 12/20/2012
Disbursement Date:
Print Date: 12/17/2012, 1:18 PM
Buyer: City of Southlake, Texas
Address:
Seller: Parvez Malik, Seema Malik
Address:
Charge Description Buyer Charge Buyer Credit
Consideration:
Total Consideration 35,450.00
Title /Escrow Charges to:
Escrow Fee to Republic Title of Texas, Inc. 350.00
Texas Guaranty Fee to TX Title Insurance Guaranty Association 2.00
Tax Certificate (Commercial) to Data Trace Information Services 74.49
1000 T- 1 /T -1R Single OTP (R -1) to Republic Title of Texas, Inc. 404.00
Disbursements Paid:
Document Preparation to Hunter & Kramer PC 150.00
Cash (X From) ( To) Borrower 36,430.49
Totals 36,430.49 36,430.49
City of Southlake, Texas
. ,a\
By: John Ter - 1, Mayor
Page 1 of 1
550 Bailey Avenue, Suite 100
1 Fort Worth, Suite
76107
Phone (817)877 -1481
Fax (817)654 -0008
www.republictitle.com
REPUBLIC TITLE*
REPUBLIC TITLE OF TEXAS, INC.
WAIVER OF INSPECTION
DATE: 12/20/2012
TO: REPUBLIC TITLE OF TEXAS, INC.
It has been called to my (our) attention that although I (we) may have a right to possession of the property as
assured in Republic Title of Texas, Inc. GF# , I (we) are not in possession of the property as of
this date and do hereby authorize and accept said policy with a general exception therein as to rights of parties in
possession and do waive inspection of the insured premises by Republic Title of Texas, Inc. and /or its agents.
Sincerely,
City of Southlake, Texas
O 411 4
NLIPJE
By: r.alor
�� Republic Title of Texas, Inc.
550 Bailey Avenue, Suite 100 • Fort Worth, TX 76107
REPUBLIC TITLE®
Final Settlement Statement
Property: Parcel 235, Southlake, TX File No:
Officer: Janet Ceron /SW
New Loan No:
Settlement Date: 12/20/2012
Disbursement Date:
Print Date: 12/18/2012, 11:28 AM
Buyer: City of Southlake, Texas
Address:
Seller: Parvez Malik, Seema Malik
Address:
Buyer Charge Buyer Credit Charge Description Seller Charge Seller Credit
Consideration:
35,450.00 Total Consideration 35,450.00
Title/Escrow Charges to:
350.00 Escrow Fee to Re • ublic Title of Texas, Inc.
2.00 Texas Guaranty Fee to TX Title Insurance Guaranty
Association
74.49 Tax Certificate (Commercial) to Data Trace Information
Services _
404.00 1000 T- 1/T -1R Single OTP (R -1) to Republic Title of Texas,
Inc. — I — — - - --
Disbursements Paid:
150.00 Document Pre I aration to Hunter & Kramer PC
_ 2009 Taxes #06234224 to Tarrant County Tax Assessor 1,446.10
2011 Taxes #07691416 to Tarrant County Tax Assessor 3.65
2012 Taxes Proration to Tarrant County Tax Assessor 281.26
36,430.49 Cash X From To Borrower
Cash (X To) ( From) Seller 33,718.99
36,430.49 36,430.49 Totals 35,450.00 35,450.00
Page 1 of 1
PURCHASER SIGNATURE ADDENDUM TO SETTLEMENT STATEMENT
FILE NO: SETTLEMENT DATE: 12/20/2012
SELLER: Parvez Malik and Seema Malik
PURCHASER: City of Southlake, Texas
SETTLEMENT OR ESCROW AGENT: Republic Title of Texas, Inc. TIN: 75- 1825384
ADDRESS OF SETTLEMENT AGENT: 550 Bailey Avenue, Suite 100, Fort Worth, TX 76107
Seller /Purchaser understands the Closing or Escrow Agent has assembled this information representing the
transaction from the best information available from other sources and cannot guarantee the accuracy thereof.
Any real estate agent or lender involved may be furnished a copy of this Statement. Seller /Purchaser understands
that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by
others or estimates for current year, and in the event of any change for current year, all necessary adjustments
must be made between Purchaser and Seller direct.
The undersigned hereby authorizes Republic Title of Texas, Inc. to make expenditures and disbursements as
shown and approves same for payment. The undersigned aiso acknowledges receipt of Loan Funds, if applicable,
in the amount shown above and a receipt of a copy of this Statement.
City of Southlake, Texas
By:Q.1 -t n ('
Republic Title of Texas, In .
By
Janet eron
CSO SIGNATURE FORM
This form must accompany any document sent to the Mayor for signature. The
document must be reviewed and initialed by the Project Manager and Department
Director.
Document Title: Settlement Statement for Malik Parcel
Date: January 22, 2013
Need Council Action: No
File Project Name: FM 1938
Project Manager: Cristina McMurray
Return to: Valerie Potter @ ext. 8098
X Settlement
Change Order
Letter /Memo
Easement — TO BE FILED WITH COUNTY
Resolution /Ordinance /Q laim Deed
Director approval:
Robert H. Price, P.E.
For PWA Department Use Only
Prior to Execution:
VP Admin Secretary — 2 Document Originals / Cover Signature Form /
Return Address on Doc / Return Address Sent to Engineer as Outlook Contact
Project Engineer /Manager - Initials
• <<' Deputy Director /City Engineer Initials
[III Assistant to Director Review
7/If Signature
Admin Secretary - Document Tracking Log
SELLER SIGNATURE ADDENDUM TO SETTLEMENT STATEMENT
FILE NO: 1003- 24032 -RTT (PARCEL 235) SETTLEMENT DATE: 12/20/2012
SELLER: Parvez Malik and Seema Malik
PURCHASER: City of Southlake, Texas
SETTLEMENT OR ESCROW AGENT: Republic Title of Texas, Inc. TIN: 75- 1825384
ADDRESS OF SETTLEMENT AGENT: 550 Bailey Avenue, Suite 100, Fort Worth, TX 76107
Seller /Purchaser understands the Closing or Escrow Agent has assembled this information representing the
transaction from the best information available from other sources and cannot guarantee the accuracy thereof.
Any real estate agent or lender involved may be furnished a copy of this Statement. Seller /Purchaser understands
that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by
others or estimates for current year, and in the event of any change for current year, all necessary adjustments
must be made between Purchaser and Seller direct.
The undersigned hereby authorizes Republic Title of Texas, Inc. to make expenditures and disbursements as
shown and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable,
in the amount shown above and a receipt of a copy of this Statement.
PARS
SEE • ALIK
Republic Title of Texas, Inc.
By:
Ja n
550 Bailey Avenue, Ste. 100
Fort Worth, TX 76107
Phone No. 817-877-1481
Fax No. 972-516-2555
Atten: Sarah Ward
INVOICE
öÎËÙÎÏ ðÜÄØË
To:
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ðÜÔÏ êÉËØØÉ êÈÔÉØ
êÎÈÉÕÑÜÒØ éå
íÜËÚØÑ
Re:
־
Our file no.:
DateAmount
Description
12/21/2012Recording Fees$88.00
DUE UPON RECEIPT
Total Due$88.00
PLEASE ATTACH A COPY OF THIS INVOICE WITH REMITTANCE TO ENSURE PROPER CREDIT
550 Bailey Avenue
Suite 100
Fort Worth, Texas 76107
(817) 877 -1481
Metro (972) 445 -5044
Fax (817) 654 -0008
REPUBLIC TITLE®
January 23, 2013
Via Federal Express
Mr. Gordon Mayer
City of Southlake
1400 Main Street, Suite 3220
Southlake, TX 76092
RE: Our File No. 1003 -24032 FW5
Property: Parcel 235
We are pleased to enclose the Original ALTA Owner's Policy of Title Insurance No.
24032 -RTT issued in connection with the above referenced transactions. Also included is
the original recorded Deed, Grant of Exclusive Possession, Use, and Right of Entry, copy
of Settlement Statement, and Affidavit of Urban Homestead.
We appreciate the opportunity to be of service to you and hope you will remember us
should you need assistance in selling the property insured by the enclosed policy.
Very truly yours,
REPUBLIC TITLE OF TEXAS, INC.
jeladJ fa
Sarah Ward
Commercial Escrow Assistant
REPUBLIC TITLE OF TEXAS, INC.
A SUBSIDIARY OF First American Title Insurance Company
TITLE INSURANCE AGENT FOR: Alamo Title Insurance Company, Chicago Title Insurance Company, Commonwealth Land Title Insurance Company, Fidelity National Title Insurance Company,
First American Title Insurance Company, Old Republic National Title Insurance Company, Stewart Title Guaranty Company and Title Resources Guaranty Company
A t! E 4
�5 5 Owner's Policy of Title Insurance T -1
`,.113:-Nr‘ First American Title ISSUED BY
s::L\��*"* ///L! First American Title Insurance Company
POLICY NUMBER
Owner's Policy
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to
the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company ") insures, as of Date of Policy and, to
the extent stated in Covered Risks 9 and 10, after Date of Policy, against Toss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a govemmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before
Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
(Covered Risks Continued on Page 2
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A.
First American Title Insurance Company
Janet Ceti
Sarah Ward
� .01E 11/4 ki , �, Republic Title of Texas, Inc.
. ..... • . janetceron @republictitle.com
l • . • �hward @republictitle com
4• _ �„ , Dennis J. Gilmore
. _ e S President MO Bailey Avenue, Suite 100
• SEPTEMBER 24, ; . f 1`Ort Worth, FX 76107
• d • 1968 i '..i7 ° 481 lain Phone
• •'•• • CA IFOa ••
. d 7 r2.5 (Direct Fax
Timothy Kemp
Secretary
This jacket was created electronically and constitutes an original document
(This Policy is valid only when Schedules A and B are attached)
Form 5019648 -A (2/1/10) Page 1 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that
notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of and not disclosed in writing to the Company by the Insured
this policy and the Company will not pay loss or damage, costs, Claimant prior to the date the Insured Claimant became an
attorneys' fees or expenses that arise by reason of: Insured under this policy;
1. (a) Any law, ordinance, permit, or governmental regulation (c) resulting in no loss or damage to the Insured Claimant;
(including those relating to building and zoning) restricting, (d) attaching or created subsequent to Date of Policy (however,
regulating, prohibiting or relating to: this does not modify or limit the coverage provided under
(i) the occupancy, use, or enjoyment of the Land; Covered Risk 9 and 10); or
(ii) the character, dimensions or location of any (e) resulting in Toss or damage that would not have been
improvement erected on the Land; sustained if the Insured Claimant had paid value for the
(iii) subdivision of land; or Title.
(iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy,
or the effect of any violation of these laws, ordinances or state insolvency, or similar creditors' rights laws, that the
governmental regulations. This Exclusion 1(a) does not modify transaction vesting the Title as shown in Schedule A, is:
or limit the coverage provided under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer; or
(b) Any governmental police power. This Exclusion 1(b) does (b) a preferential transfer for any reason not stated in Covered
not modify or limit the coverage provided under Covered Risk 9 of this policy.
Risk 6. 5. Any lien on the Title for real estate taxes or assessments
2. Rights of eminent domain. This Exclusion does not modify or imposed by governmental authority and created or attaching
limit the coverage provided under Covered Risk 7 or 8. between Date of Policy and the date of recording of the deed or
3. Defects, liens, encumbrances, adverse claims or other matters: other instrument of transfer in the Public Records that vests
(a) created, suffered, assumed or agreed to by the Insured Title as shown in Schedule A.
Claimant; 6. The refusal of any person to purchase, lease or lend money on
(b) not Known to the Company, not recorded in the Public the estate or interest covered hereby in the land described in
Records at Date of Policy, but Known to the Insured Schedule A because of Unmarketable Title.
Claimant
Form 5019648 -A (2/1/10) Page 2 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
CONDITIONS
1. DEFINITION OF TERMS. (i) "Public Records ": records established under state statutes
The following terms when used in this policy mean: at Date of Policy for the purpose of imparting constructive
(a) "Amount of Insurance ": the amount stated in Schedule A, as notice of matters relating to real property to purchasers for
may be increased or decreased by endorsement to this value and without Knowledge. With respect to Covered
policy, increased by Section 8(b), or decreased by Sections Risk 5(d), "Public Records" shall also include environmental
10 and 11 of these Conditions. protection liens filed in the records of the clerk of the United
(b) "Date of Policy ": The date designated as "Date of Policy" in States District Court for the district where the Land is
Schedule A. located.
(c) "Entity": A corporation, partnership, trust, limited liability (j) "Title ": the estate or interest described in Schedule A.
company or other similar legal entity. (k) "Unmarketable Title ": Title affected by an alleged or
(d) "Insured ": the Insured named in Schedule A. apparent matter that would permit a prospective purchaser
(i) The term "Insured" also includes: or lessee of the Title or lender on the Title to be released
(A) successors to the Title of the Insured by operation from the obligation to purchase, lease or lend if there is a
of law as distinguished from purchase, including contractual condition requiring the delivery of marketable
heirs, devisees, survivors, personal representatives title.
or next of kin; 2. CONTINUATION OF INSURANCE.
(B) successors to an Insured by dissolution, merger, The coverage of this policy shall continue in force as of Date of
consolidation, distribution or reorganization; Policy in favor of an Insured, but only so long as the Insured
(C) successors to an Insured by its conversion to retains an estate or interest in the Land, or holds an obligation
another kind of Entity; secured by a purchase money Mortgage given by a purchaser
(D) a grantee of an Insured under a deed delivered from the Insured, or only so long as the Insured shall have
without payment of actual valuable consideration liability by reason of warranties in any transfer or conveyance of
conveying the Title; the Title. This policy shall not continue in force in favor of any
(1) If the stock, shares, memberships, or other purchaser from the Insured of either (i) an estate or interest in
equity interests of the grantee are wholly- the Land, or (ii) an obligation secured by a purchase money
owned by the named Insured, Mortgage given to the Insured.
(2) If the grantee wholly owns the named 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
Insured, The Insured shall notify the Company promptly in writing (i) in
(3) If the grantee is wholly -owned by an case of any litigation as set forth in Section 5(a) below, or (ii) in
affiliated Entity of the named Insured, case Knowledge shall come to an Insured hereunder of any
provided the affiliated Entity and the named claim of title or interest that is adverse to the Title, as insured,
Insured are both wholly -owned by the same and that might cause loss or damage for which the Company
person or Entity, or may be liable by virtue of this policy. If the Company is
(4) If the grantee is a trustee or beneficiary of a prejudiced by the failure of the Insured Claimant to provide
trust created by a written instrument prompt notice, the Company's liability to the Insured Claimant
established by the Insured named in under the policy shall be reduced to the extent of the prejudice.
Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, When, after the Date of the Policy, the Insured notifies the
all rights and defenses as to any successor that the Company as required herein of a lien, encumbrance, adverse
Company would have had against any predecessor claim or other defect in Title insured by this policy that is not
Insured. excluded or excepted from the coverage of this policy, the
(e) "Insured Claimant ": an Insured claiming loss or damage. Company shall promptly investigate the charge to determine
(f) "Knowledge" or "Known ": actual knowledge, not whether the lien, encumbrance, adverse claim or defect or
constructive knowledge or notice that may be imputed to an other matter is valid and not barred by law or statute. The
Insured by reason of the Public Records or any other Company shall notify the Insured in writing, within a reasonable
records that impart constructive notice of matters affecting time, of its determination as to the validity or invalidity of the
the Title. Insured's claim or charge under the policy. If the Company
(g) "Land ": the land described in Schedule A, and affixed concludes that the lien, encumbrance, adverse claim or defect
improvements that by law constitute real property. The term is not covered by this policy, or was otherwise addressed in the
"Land" does not include any property beyond the lines of the closing of the transaction in connection with which this policy
area described in Schedule A, nor any right, title, interest, was issued, the Company shall specifically advise the Insured
estate or easement in abutting streets, roads, avenues, of the reasons for its determination. If the Company concludes
alleys, lanes, ways or waterways, but this does not modify that the lien, encumbrance, adverse claim or defect is valid, the
or limit the extent that a right of access to and from the Land Company shall take one of the following actions: (i) institute the
is insured by this policy. necessary proceedings to clear the lien, encumbrance, adverse
(h) "Mortgage ": mortgage, deed of trust, trust deed, or other claim or defect from the Title as insured; (ii) indemnify the
security instrument, including one evidenced by electronic Insured as provided in this policy; (iii) upon payment of
means authorized by law. appropriate premium and charges therefor, issue to the Insured
Claimant or to a subsequent owner, mortgagee or holder of the
estate or interest in the Land insured by this policy, a policy of
Form 5019648 -A (2/1/10) Page 3 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
CONDITIONS (Continued)
title insurance without exception for the lien, encumbrance, aid (i) in securing evidence, obtaining witnesses,
adverse claim or defect, said policy to be in an amount equal to prosecuting or defending the action or proceeding, or
the current value of the Land or, if a mortgagee policy, the effecting settlement, and (ii) in any other lawful act that in
amount of the loan; (iv) indemnify another title insurance the opinion of the Company may be necessary or desirable
company in connection with its issuance of a policy(ies) of title to establish the Title or any other matter as insured. If the
insurance without exception for the lien, encumbrance, adverse Company is prejudiced by the failure of the Insured to
claim or defect; (v) secure a release or other document furnish the required cooperation, the Company's obligations
discharging the lien, encumbrance, adverse claim or defect; or to the Insured under the policy shall terminate, including
(vi) undertake a combination of (i) through (v) herein. any liability or obligation to defend, prosecute, or continue
4. PROOF OF LOSS. any litigation, with regard to the matter or matters requiring
In the event the Company is unable to determine the amount of such cooperation.
loss or damage, the Company may, at its option, require as a (b) The Company may reasonably require the Insured
condition of payment that the Insured Claimant furnish a signed Claimant to submit to examination under oath by any
proof of loss. The proof of loss must describe the defect, lien, authorized representative of the Company and to produce
encumbrance or other matter insured against by this policy that for examination, inspection and copying, at such
constitutes the basis of loss or damage and shall state, to the reasonable times and places as may be designated by the
extent possible, the basis of calculating the amount of the loss authorized representative of the Company, all records, in
or damage. whatever medium maintained, including books, ledgers,
5. DEFENSE AND PROSECUTION OF ACTIONS. checks, memoranda, correspondence, reports, e- mails,
(a) Upon written request by the Insured, and subject to the disks, tapes, and videos whether bearing a date before or
options contained in Sections 3 and 7 of these Conditions, after Date of Policy, that reasonably pertain to the loss or
the Company, at its own cost and without unreasonable damage. Further, if requested by any authorized
delay, shall provide for the defense of an Insured in litigation representative of the Company, the Insured Claimant shall
in which any third party asserts a claim covered by this grant its permission, in writing, for any authorized
policy adverse to the Insured. This obligation is limited to representative of the Company to examine, inspect and
only those stated causes of action alleging matters insured copy all of these records in the custody or control of a third
against by this policy. The Company shall have the right to party that reasonably pertan to the loss or damage. All
select counsel of its choice (subject to the right of the information designated as confidential by the Insured
Insured to object for reasonable cause) to represent the Claimant provided to the Company pursuant to this Section
Insured as to those stated causes of action. It shall not be shall not be disclosed to others unless, in the reasonable
liable for and will not pay the fees of any other counsel. The judgment of the Company, it is necessary in the
Company will not pay any fees, costs or expenses incurred administration of the claim. Failure of the Insured Claimant
by the Insured in the defense of those causes of action that to submit for examination under oath, produce any
allege matters not insured against by this policy. reasonably requested information or grant permission to
(b) The Company shall have the right, in addition to the options secure reasonably necessary information from third parties
contained in Sections 3 and 7, at its own cost, to institute as required in this subsection, unless prohibited by law or
and prosecute any action or proceeding or to do any other governmental regulation, shall terminate any liability of the
act that in its opinion may be necessary or desirable to Company under this policy as to that claim.
establish the Title, as insured, or to prevent or reduce Toss 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
or damage to the Insured. The Company may take any TERMINATION OF LIABILITY.
appropriate action under the terms of this policy, whether or In case of a claim under this policy, the Company shall have the
not it shall be liable to the Insured. The exercise of these following additional options:
rights shall not be an admission of liability or waiver of any (a) To Pay or Tender Payment of the Amount of Insurance.
provision of this policy. If the Company exercises its rights To pay or tender payment of the Amount of Insurance
under this subsection, it must do so diligently. under this policy together with any costs, attorneys' fees
(c) Whenever the Company brings an action or asserts a and expenses incurred by the Insured Claimant that were
defense as required or permitted by this policy, the authorized by the Company up to the time of payment or
Company may pursue the litigation to a final determination tender of payment and that the Company is obligated to
by a court of competent jurisdiction and it expressly pay.
reserves the right, in its sole discretion, to appeal from any Upon the exercise by the Company of this option, all liability
adverse judgment or order. and obligations of the Company to the Insured under this
6. DUTY OF INSURED CLAIMANT TO COOPERATE. policy, other than to make the payment required in this
(a) In all cases where this policy permits or requires the subsection, shall terminate, including any liability or
Company to prosecute or provide for the defense of any obligation to defend, prosecute, or continue any litigation.
action or proceeding and any appeals, the Insured shall (b) To Pay or Otherwise Settle With Parties Other than the
secure to the Company the right to so prosecute or provide Insured or With the Insured Claimant.
defense in the action or proceeding, including the right to (i) To pay or otherwise settle with other parties for or in the
use, at its option, the name of the Insured for this purpose. name of an Insured Claimant any claim insured against
Whenever requested by the Company, the Insured, at the under this policy. In addition, the Company will pay any
Company's expense, shall give the Company all reasonable costs, attorneys' fees and expenses incurred by the
Insured Claimant that were authorized by the Company
up to the time of payment and that the Company is
Form 5019648 -A (2/1/10) Page 4 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
CONDITIONS (Continued)
obligated to pay; or 11. LIABILITY NONCUMULATIVE.
(ii) to pay or otherwise settle with the Insured Claimant the The Amount of Insurance shall be reduced by any amount the
loss or damage provided for under this policy, together Company pays under any policy insuring a Mortgage to which
with any costs, attorneys' fees and expenses incurred exception is taken in Schedule B or to which the Insured has
by the Insured Claimant that were authorized by the agreed, assumed, or taken subject or which is executed by an
Company up to the time of payment and that the Insured after Date of Policy and which is a charge or lien on the
Company is obligated to pay. Upon the exercise by the Title, and the amount so paid shall be deemed a payment to the
Company of either of the options provided for in Insured under this policy.
subsections (b)(i) or (ii), the Company's obligations to 12. PAYMENT OF LOSS.
the Insured under this policy for the claimed loss or When liability and the extent of loss or damage have been
damage, other than the payments required to be made, definitely fixed in accordance with these Conditions, the
shall terminate, including any liability or obligation to payment shall be made within 30 days.
defend, prosecute or continue any litigation. 13. RIGHTS OF RECOVERY UPON PAYMENT OR
8. DETERMINATION AND EXTENT OF LIABILITY. SETTLEMENT.
This policy is a contract of indemnity against actual monetary (a) Whenever the Company shall have settled and paid a claim
loss or damage sustained or incurred by the Insured Claimant under this policy, it shall be subrogated and entitled to the
who has suffered loss or damage by reason of matters insured rights of the Insured Claimant in the Title and all other rights
against by this policy. and remedies in respect to the claim that the Insured
(a) The extent of liability of the Company for loss or damage Claimant has against any person or property, to the extent
under this policy shall not exceed the lesser of: of the amount of any loss, costs, attorneys' fees and
(i) the Amount of Insurance; or expenses paid by the Company. If requested by the
(ii) the difference between the value of the Title as insured Company, the Insured Claimant shall execute documents to
and the value of the Title subject to the risk insured evidence the transfer to the Company of these rights and
against by this policy. remedies. The Insured Claimant shall permit the Company
(b) If the Company pursues its rights under Section 3 or 5 and to sue, compromise or settle in the name of the Insured
is unsuccessful in establishing the Title, as insured, Claimant and to use the name of the Insured Claimant in
(i) the Amount of Insurance shall be increased by 10 %, any t: ansaction or litigation involving these rights and
and remedies.
(ii) the Insured Claimant shall have the right to have the If a payment on account of a claim does not fully cover the
loss or damage determined either as of the date the Toss of the Insured Claimant, the Company shall defer the
claim was made by the Insured Claimant or as of the exercise of its right to recover until after the Insured
date it is settled and paid. Claimant shall have recovered its loss.
(c) In addition to the extent of liability under (a) and (b), the (b) The Company's right of subrogation includes the rights of
Company will also pay those costs, attorneys' fees and the Insured to indemnities, guaranties, other policies of
expenses incurred in accordance with Sections 5 and 7 of insurance or bonds, notwithstanding any terms or
these Conditions. conditions contained in those instruments that address
9. LIMITATION OF LIABILITY. subrogation rights.
(a) If the Company establishes the Title, or removes the alleged 14. ARBITRATION.
defect, lien or encumbrance, or cures the lack of a right of Either the Company or the Insured may demand that the claim or
access to or from the Land, all as insured, or takes action in controversy shall be submitted to arbitration pursuant to the Title
accordance with Section 3 or 7, in a reasonably diligent Insurance Arbitration Rules of the American Land Title
manner by any method, including litigation and the Association ( "Rules "). Except as provided in the Rules, there shall
completion of any appeals, it shall have fully performed its be no joinder or consolidation with claims or controversies of
obligations with respect to that matter and shall not be liable other persons. Arbitrable matters may include, but are not limited
for any loss or damage caused to the Insured. to, any controversy or claim between the Company and the
(b) In the event of any litigation, including litigation by the Insured arising out of or relating to this policy, any service in
Company or with the Company's consent, the Company connection with its issuance or the breach of a policy provision, or
shall have no liability for loss or damage until there has to any other controversy or claim arising out of the transaction
been a final determination by a court of competent giving rise to this policy. All arbitrable matters when the Amount
jurisdiction, and disposition of all appeals, adverse to the of Insurance is $2,000,000 or less shall be arbitrated at the option
Title, as insured. of either the Company or the Insured, unless the Insured is an
(c) The Company shall not be liable for loss or damage to the individual person (as distinguished from an Entity). All arbitrable
Insured for liability voluntarily assumed by the Insured in matters when the Amount of Insurance is in excess of $2,000,000
settling any claim or suit without the prior written consent of shall be arbitrated only when agreed to by both the Company and
the Company. the Insured. Arbitration pursuant to this policy and under the
10. REDUCTION OF INSURANCE; REDUCTION OR Rules shall be binding upon the parties. Judgment upon the
TERMINATION OF LIABILITY. award rendered by the Arbitrator(s) may be entered in any court
All payments under this policy, except payments made for costs, of competent jurisdiction.
attorneys' fees and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
Form 5019648 -A (2/1/10) Page 5 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
CONDITIONS (Continued)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE 16. SEVERABILITY.
CONTRACT. In the event any provision of this policy, in whole or in part, is
(a) This policy together with all endorsements, if any, attached held invalid or unenforceable under applicable law, the policy
to it by the Company is the entire policy and contract shall be deemed not to include that provision or such part held
between the Insured and the Company. In interpreting any to be invalid and all other provisions shall remain in full force
provision of this policy, this policy shall be construed as a and effect.
whole. 17. CHOICE OF LAW; FORUM.
(b) Any claim of loss or damage that arises out of the status of (a) Choice of Law: The Insured acknowledges the Company
the Title or by any action asserting such claim, shall be has underwritten the risks covered by this policy and
restricted to this policy. determined the premium charged therefor in reliance upon
(c) Any amendment of or endorsement to this policy must be in the law affecting interests in real property and applicable to
writing and authenticated by an authorized person, or the interpretation, rights, remedies or enforcement of
expressly incorporated by Schedule A of this policy. policies of title insurance of the jurisdiction where the Land
(d) Each endorsement to this policy issued at any time is made is located.
a part of this policy and is subject to all of its terms and Therefore, the court or an arbitrator shall apply the law of
provisions. Except as the endorsement expressly states, it the jurisdiction where the Land is located to determine the
does not (i) modify any of the terms and provisions of the validity of claims against the Title that are adverse to the
policy, (ii) modify any prior endorsement, (iii) extend the Insured, and in interpreting and enforcing the terms of this
Date of Policy or (iv) increase the Amount of Insurance. policy. In neither case shall the court or arbitrator apply its
Each Commitment, endorsement or other form, or provision conflicts of laws principles to determine the applicable law.
in the Schedules to this policy that refers to a term defined (b) Choice of Forum: Any litigation or other proceeding brought
in Section 1 of the Conditions shall be deemed to refer to by the Insured against the Company must be filed only in a
the term regardless of whether the term is capitalized in the state or federal court within the United States of America or
Commitment, endorsement or other form, or Schedule. its territories having appropriate jurisdiction.
Each Commitment, endorsement or other form, or provision 18. NOTICES, WHERE SENT.
in the Schedules that refers to the Conditions and Any notice of claim and any other notice or statement in writing
Stipulations shall be deemed to refer to the Conditions of required to be given to the Company under this Policy must be
this policy. given to the Company at First American Title Insurance
Company, Attn: Claims National Intake Center, 1 First
American Way, Santa Ana, California 92707. Phone: 888-
632 -1642.
� j M E R, C
♦ 1
First American Title
Form 5019648 -A (2/1/10) Page 6 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
m r
as C Owner's Policy of Title Insurance T -1
First American Title ISSUED BY
v First American Title Insurance Company
SCHEDULE A POLICY
Name and Address of Title Insurance Company:
First American Title Insurance Company, 1500 South Dairy Ashford, Suite 300, Houston, TX 77077.
File No.:
Date of Policy: 12/21/2012 at 08:55 AM
Address for Reference only: Parcel 235, Southlake, TX
Amount of Insurance: $35,450.00 Premium: $404.00
1. Name of Insured:
City of Southlake, Texas
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is insured as vested in:
City of Southlake, Texas
4. The land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof
By its issuing agent, Republic Title of Texas, Inc.
err
annorrim
REPUBLIC TITLE°
550 Bailey Avenue, Suite 100
Authorized Signatory Fort Worth, DI 76107
(817)877 -1481
(817)654 -0008
Form 5019648 -A (2/1/10) Page 7 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
"EXHORT A»
Parcel 235
F.M. 1938
CSJ: 1978- 01-052
April 23, 2011
Exhibit A, Page 1 of 4
Being a 0.196 acre (8,543 square foot) tract of land situated in the B.J. Foster Survey, Abstract
Number 519, Tarrant County, Texas, and being a portion of that certain tract of land to Parvez
and Scone Malik, being a portion of Lot 1, Malik Estates Addition, as recorded in Cabinet A,
Slide 5711, Plat Records. Tarrant County, Texas (P.R.T.C.T.), being a portion out of the
remainder of that certain tract of land, as recorded in Volmn= 12526, Page 410, Deed Records,
Tarrant County, Texas .( D.R.T.C.T.), part of an Easement for Ingress, Egress and Utilities
recorded in Volute 8947, Page 1351, D.R.T.C.T. and Terris conditions, stipulations of, and
Easements granted by agreement between adjoining landowners for use of Private Road, recorded
in Volume 10634, Page 104. D.R.T.C.T., as affected by Instrament(s) recorded in Volume 12531,
Page 1164, in Volume 14338, Page 184, and under Clerks File No. D206394840, D.R.T.C.T. and
being more particularly described by metes and bounds as fellows;
BEGINNING at a set 5/8 inch iron rod with Transystems cap on the Proposed Easterly Southlake
Right - of-Way line, a 16 foot wide Right -of -Way, said point also being on the North line of said
Malik Estates Addition, also being the South line of a Lot 5C, Block 1, Palomar Addition, as
recorded in Cabinet A, Slide 12339, P.R.T.C.T., being South 89 °09'37"West, a distance of
268.93 feet from a found 1/2 inch capped iron rod for the Northeast comer of said Lot 3, Malik
Estates Addition and the South line of said Palomar Addition;
(l) THENCE South 6 1 '08 "56"West, with the Proposed Easterly Southlake Right -of -Way line, a
distance of 158.21 feet to a set 5/8 inch iron rod with Transystems cap on the Easterly line of a 23
foot Right -of -Way Reservation as shown by said Malik Estates Addition Plat, point also being the
beginning of a curve to the lefl, whose center point bears South 83 ° 53'54" East, a distance of
1,920.00 feet;
(2) THENCE with said curve and with the Proposed Easterly Southlake Right- of-Way line, in a
Southerly direction, continuing through a central angle of 613'55", an are distance of 208.83 feet
to a set 5/8 inch iron rod with Transystems cap (at 193.21 feet passing the South line of said Lot
1, Mall Estates Addition and the North line of the said Remainder of Malik tract);
(3) THENCE South 0°05'49 "East, with the Proposed Easterly Southlake Right-of-Way line, at a
distance of 130.58 feet passing the North line of said Easements, continuing a total distance of
190.58 feet to a set 5/8 inch iron rod with Transystems cap on the South line of said Remainder of
Malik tract, the South line of said Easements, also being along the North line of a tract of land to
Valerie Joyce Clark, as recorded in Volume 7794, Page 102, D.R.T.C.T.;
(4) THENCE North 89 ° 56'23"West, with the South line of said Remainder of Malik tract, the South
line of said Easements and the North line amid Clark tract, a distance of 16.00 feet to a set 5/8
inch iron rod with Transystems cap an the Proposed Easterly Right -of -Way line of F.M. 1938;
(5) THENCE North 0 ° 45'49 "West, with the Proposed Easterly Right -of -Way line of F.M. 1938, at a
distance of 60.00 feet passing the North line of said Easements, continuing a total distance of
205.96 feet to a set 5/8 inch iron rod with Transystems cap along the North line of said
Remainder of Malik tract and the Existing Easterly Right -of -Way line of F.M. 1938;
•
.
Parcel 235
F.M. 1938
CS]: 19 78 -01 -052
April 23, 2011
Exhibit A, Page 2 of 4
(6) THENCE North 89 °09'39' East, along the North line of said Remainder of Malik tract and the
Existing Easterly Right -of -Way line of F.M. 1938, a distance of 5.41 feet to the Southwest corner
of said 23 foot Right-of-Way Reservation, point also being an ell corner of the Existing Easterly
Right -of -Way line of F.M. 1938;
(7) THENCE North 0 °24`40"West, along the Existing Easterly Right -of -Way line of F.M. 1938, a
distance of 119.99 feet to a set 5/8 inch iron rod with Tinnsystents cap, point also being the
beginning of a curve to the right, whose center point bears South 86 °05'03 "East, a distance of
I,936.00 feet;
(8) THENCE with said curve and with the Existing Easterly Right -of -Way of F.M. 1938, in an
Northerly direction, through a central angle of 2°13'59", an arc distance of 75.45 feet to a set 518
inch iron rod with Transystetns cap;
(9) THENCE North 6 ° 08'56"East, with the Existing Easterly Right of Way of F.M. 1938, a distance
of 138.68 feet to a set 5/8 inch iron rod with Transystents cap;
(10) THENCE North 0°24'40 "West, with the Existing Easterly Right of Way of F.M. 1938, a distance
of 16.98 feet to a set 5/8 inch iron rod with Transystems cap point on the Northeast coiner of said
23 foot Right -of -Way Reservation, the Northwest comer of said Lot 1, Malik Estates Addition,
and along the South line of said Lot 5C, Block 1, Palomar Addition;
(11) THENCE North 89 °09'37"East,with the North line of said Lot 1, Malik Estates Addition and the
South line of said Lot 5C, Block 1, Palomar Addition, a distance of 18.07 feet to the POINT OF
BEGINNING, containing 0.196 acre (8,543 square feet) of land, more or less.
NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North
American Datum 1983 (NAD 83)., with all distances and coordinates adjusted to surface by
project surface factor of 1.00022825.
NOTE: Plat to accompany this legal description.
I
Parcel 235
P.M 1938
CSJ: 1978- 01-052
April 24, 2011
Exhibit A, Page 3 of 4
That 1, Timothy A. Rost, a Registered Professio ml Land Surveyor in Texas, hereby states that this survey
was made from an . was! on the gtound survey made in July, 2010 under my supervision, that all
monuments exist as show hereon and this survey substantially conforms with the current professional
and textbatical standards as set forth by the Texas Board of Pr nfessional Land •
}
:.►.�
Timothy A. + :st
Registered Professional Land Suxveyor f ' ... r
Tears Registration Number. 5316 r `
Commitment for Title issued by Alliant National Tine Ins Company, with an effective date of March 21, 2012,
issued skate of April 5, 2012 GF #12-00634 erecting subject prey.
SCIT RULE B -
C. Interest in all nil, gas, and other minerals as reserved in deed recorded ui Vol. 717, Pg. 613, D.R.T.C.T.
(Surveyor has no opinion)
D. Easement for ingxess, regress and utilities recorded in Vol. 8947, POE 1351, D.R.T.C.T. (Affects)
E. Terms, conditions, stipulations of and easements granted by. Agreement Between Adjoining Lsndowners For
Use of Private Road, recorded in Vol. 10634, Pg. 104, D.R.T.C.T. as affected by instrument(s) recorded in Vol.
12531, Pg. 1164, in Vol. 14338, Pg. 184, and under Clerks File No. D20634840, D.R.T.C.T. (Affects)
' 4 . e ( ..
•
•
t ... -- _.- PAiClmAR ESTATES hO4C fNER ASS(C'AT0N
I a #;; I. LOr 5c. PAbimAR ESTATES ADXTA7,Y
il i t 0.
1 ,..or __ _ y C.8. A. SLIDE ;2J35. P,R T.C.T.
I
9011.110AKE EY
.. ., PAP.YE'Z MUK D SEEM4 MAX {. J f�/`l NO o £ j✓
, t a?ALIK ESIA7ES ADDITION l . i ! 1 ! P ..f J
.•- ' t
. . _ cAe. A . . P r.c.r. 5"
k)
1 t, RE R
' v : VOL. 12526, PS. • U.R. r.C. T. ,
r PF811 E ` "PR7638 CURVE CE07
G { 2 ; " P .S tJE1T,4' 6 N F din
V 235f .4 L•20.0
it; <4 .....•• t.,,, 11 C$• 30P 5. E
f :p ,' @ ,0 1..C. 217.9f
I O ,C a
Ns) ^.- f 's E PAAlE2 MAUK AND SEEMA MALiK +'o,
(� f to ,ky TAKING 0.156 ACRES WAVE PAWN' CURVE PRIM. 8
, s txGd?J1illr. 2.76 .A ES DELTA- 6 13' SJ an E Lrlr 2 i'}' sown to
j b R- 1.920.00 R. 1.935. CO
! �`
L. 209.93 L. 75.45
1 .5. a •I ' saga toff tar i S 8909 SSW 2#65.93` ...?...w C$• S 3'dA 05 W ? R• N 5'G1 5S E
Li. : A J1 71047 1 1.C• 2D8.73 LC- 75.45
CO F • . f iv& &SPA. PS. 41:' OA r.C.r..
. •-- 1 re SPMl1NL 5. IP.IJK r • co
8 ND SHm4NAM. M4UR'
u� INST.' Lt 17t7Tb9/5 afire x
1 �, t 4 1 4 0.R.T.C.T. 4? A. F.AS NT FIN rACRESS. Eda£SS At m tlrlttre3 !?t 1O
1 i'•'^. CALLED 1.000 81.7sES W Kt. E90. IV. t$5. ar1.T.C.T.
.: i a. �'L COLOPT,� rS SZPVLAr,grrs OF, NO 9A;,�erCrr,•x
x ` 1. CANT r Br Aagt�rawr atnery AGM ms LANWTYERS
, >w - S, 1 P� ow (F PRPIATC 1X7r1J. REY1 D 1N KC 13 M,
`4 ! �y
J. w. O.R T.GT.. AS APPAITA0 Q' IASTR Alas)
N 1 Q 1.._ ..1 r S + i i a_ . W.. -� • E '• it *Etta Paz AO. $. t sio. ; . r 44. PAR EI A! AL1R MO SEEWA #Au,
, 3 - P REMM#OER cri IN,
1 I vOL. 12526. Pa. 41D. 0e.R. r.C. r.
1 t tourers are A0itm &A(ss i PrAAZI el& AV9'E u 1
, r , ' ; I ` A 8956' 23' W X. 43' 111
.1
1 E tr r twr .
' i
r:?s 57 :941.. WO. --is . co. ar 97X. fl►E+gr X+ff OW4
w • ar9e der. E r r r. I �caare' al . r .. r `te `.t
LOX.' 4 JD a 'WS mow Sad% Sole i ^ a 1=BE.l
RaTC.9914 al Ate rem SW Phyte awoke k 9 N308 car/roams AteihrAmertala Warn S 1, i . ad aucvet a 0 100 200 800
by a - vita xrraa Iwo- a' :..`A�.
0 .5/9 1lr.,3;rot: ,10 x#A OW: 1A17 slower: • : tiros raYn. >
ar
• . d+ciaar founl r ks' A. - ,. t ill f s .e + 4..d Zs
C. I"ft'.r, T,- JlSi.....liel +s ;&c ds, Tom:tr r@YlfS i
1. N, T ^ T , u Y fi B3, rG2 re y CAtYby, rearm '` • j „ �' ° t
PR. lX.T. • 1 tasov a, Twr9rtCasee. rrava
Ni,- ., .. . i . .
P.0.9. - Nor lekr ' <r. * ** AND SEEt A AM L f 1C'
:.� „ ... A
t 0. 196 ACRE
• �„r�i,. ern: ,�...
Aid`
.-'� • sill. srnJr .;,,
€ , e4,48.., a ,-
L 1 F.4.31 - -- STATE _ -. -_.. cm CC 4T1' ii;'r°'rtYt,Y Na,
. W
PrVe 4 of 4 'fi. > AS f c TA .A i•.o. .
New [ r ai..d °. 5ECi. ..‹.0 ...
EXHIBIT "A"
SAVE AND EXCEPT PROPERTY SET OUT ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
Note: The Company is prohibited from insuring the area or quantity of the and described herein. Any statement
in the above legal description of the area or quantity of land is not a representation that such area or quantity is
correct, but is made only for informational and /or identification purposes and does not override Item 2 of
Schedule B hereof.
Form 5019648 -A (2/1/10) Page 8 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
"EXHiftirr ti"
Parcel 235A
F.M. 1938
CSJ: 1978 -01 -052
November 7, 2012
Exhibit A, Page 1 of 2
Being a 0.033 acre (1,419 sure foot) tract of land situated in the B.J. Foster Survey, Abstract Number 519,
Tarrant County, Texas, and being a portion of that certain tract of land to Parvez and Seema Maliik, being a
portion of Lot 1, Malik Estates Addition, as recorded in Cabinet A, Slide 5711, Plat Records, Tarrant County,
Texas (P.R.T.C.T.), and being more particularly described by metes and bounds as follows;
BEGINNING at a set 5/8 inch iron rod with Transystems cap on the Proposed Easterly Southlake Right -of -Way
line, a 16 foot wide Right -of -Way, said point also being on the North line of said Malik Estates Addition, also
being the South line of a Lot 5C, Block 1, Palomar Addition, as recorded in Cabinet A, Slide 12339, P.R.T.C.T.,
being South 89°09'37 "West„ a distance of 268.93 fed from a found 1/2 inch capped iron rod for the Northeast
comer of said Lot 1, Malik Estates Addition and the South line of said Palomar Addition;
(1) THENCE South 6 °08'56" West, with the Proposed Easterly Southlake Right -of -Way line, a distance of 15811
feet to a set 5/8 inch iron rod with Transystems cap on the Westerly line of said Lot 1 and the Easterly line of a 23
foot Right-of-Way Reservation as shown on said Malik Estates Addition PIat,
(2) THENCE North 0°24'40 "West, along the Westerly line of said Lot 1 and the Easterly line of said 23 foot Right -
of -Way Reservation, a distance of 140.06 feet to a set 5/8 inch iron rod with Transystems cap on the Existing
Easterly Right of Way of F.M. 1938;
(3) THENCE North 0°24'40 "West, with the Existing Easterly Right of Way of F.M. 1938, a distance of 16.98 feet to
a set 5/8 inch iron rod with Transystems cap at the Northeast corner of said 23 foot Right -of -Way Reservation, the
Northwest corner of said Lot 1, Malik Estates Addition, and on the South line of said Lot 5C, Block 1, Palomar
Addition;
(4) THENCE North 89 ° ° 09'37"East,with the North line of said Lot I, Malik Estates Addition and the South line of
said Lot 5C, Block 1, Palomar Addition, a distance of 18.07 feet to the POINT OF BEGINNING, containing
0.033 acre (1,419 square feet) ofland, more or less.
NOTE: Basis of bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North American Datum
1983 (NAD 83)., with all distances and coordinates adjusted to surface by project surface factor of 1.00012825.
NOTE: Plat to accompany this legal description.
That I, Timothy A. Frost, a Registered Professional Land Surveyor in Texas, hereby states that this survey was
made from an actual on the ground survey made in July, 2010 under my supervision, that all monuments exist as
shown hereon and this survey substantially conforms with the current professional and technical standards as set
forth by the Texas Board of Professional Land Surveying.
ca
Timothy A. most s ;� i #'£ F A t`'fi T
Registered Prof : .haunt Lend Sune . ror
Texas Registration Number 5316
1/0-7^.+fit'
•
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Owner's Policy of Title Insurance T -1
First American Tit le ISSUED BY
‘/L First American Title Insurance Company
POLICY NUMBER
SCHEDULE B
SCHEDULE B
Policy Number:
File No.
This policy does not insure against Toss or damage (and the Company will not pay costs, attorney's fees or
expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in
Schedule A and the following matters:
1. The following restrictive covenants of record itemized below:
(the Company must either insert specific recording data or delete this exception)
Item 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 overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations,
governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right of
access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2012, and subsequent years;
and subsequent taxes and assessments by any taxing authority for prior years due to change in land
usage or ownership, but not those taxes or assessments for prior years because of an exemption granted
to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements
not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters:
(the Company must insert matters or delete this exception)
a. All encumbrances, violations, variations, or adverse circumstances affecting Title that would be
disclosed by an accurate and complete land survey of the Land, including, without limitation, all
Form 5019648 -A (2/1/10) Page 9 of 13 T -1 Owners Policy of Title Insurance (Rev. 2 -1 -10)
visible and apparent easements or uses and all underground easements or uses, the existence of
which may arise by unrecorded grant or by use.
b. Rights, if any, of third parties with respect to any portion of the subject property Tying within the
boundaries of a public or private road.
c. Rights of parties in possession and rights of tenants under any unrecorded leases or rental
agreements.
d. Easement granted by T.D. Gifford to Curtis Woods and wife, Jean Woods, filed 05/18/1987,
recorded in Volume 8947, Page 1351, Real Property Records, Tarrant County, Texas.
e. Terms, provisions, and conditions of Agreement Between Adjoining Landowners For Use of
Private Road, filed 05/12/1992, recorded in Volume 10634, Page 104, Real
Property Records, Tarrant County, Texas.
f. Mineral estate and interest in coal, lignite and other minerals together with all rights, privileges
and immunities thereto described in instrument filed 04/15/1922, recorded in Volume 717, Page
613, Real Property Records, Tarrant County, Texas. Title to said interest not checked subsequent
to the date thereof.
g. The following easements and /or building lines, as shown on plat filed 03/08/2000, recorded in
Cabinet A, Slide 5711, Plat Records, Tarrant County, Texas:
50' building line;
20' drainage and utility easement;
23' R.O.W. reservation.
h. Coverages herein are excluded as to any improvements, including but not limited to
manufactured or mobile homes, if any, located upon property.
i. Standby fees, taxes and assessments, if any, arising from a reallocation of paid taxes from prior
tax years that were paid by other parties who were not owners of the assessed land.
j. Deed of Trust from SEEMA MALIK and PARVEZ MALIK, Wife and Husband, to G. TOMMY
BASTIAN, Trustee(s), dated 11/03/2004, filed 11/11/2004, recorded in cc# D204351824, Real
Property Records, Tarrant County, Texas, securing a promissory note in the sum of $751,500.00,
payable to GREENPOINT MORTGAGE FUNDING, INC., and securing other indebtedness as
described therein, if any.
k. Mineral estate and interest in coal, lignite and other minerals together with all rights, privileges
and immunities thereto described in instrument filed 12/21/2012, recorded in D212312302, Real
Property Records, Tarrant County, Texas. Title to said interest not checked subsequent to the
date thereof.
Terms, conditions and stipulations of that certain Grant of Exclusive Possession, Use and Right of
Entry, filed 12/21/2012, cc #D212312318, Real Property Records, Tarrant County, Texas.
Form 5019648 -A (2/1/10) Page 10 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
' "`• �+ Important Notice
First American ISSUED BY
First American Title Insurance Company
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una queja:
You may call First American Title Insurance Company's Usted puede Ilamar al numero de telefono gratis de First
toll -free telephone number for information or to make a American Title Insurance Company's para informacion o
complaint at: para someter una queja al:
1- 888 - 632 -1642 1- 888 - 632 -1642
You may also write to First American Title Insurance Usted tambien puede escribir a First American Title
Company at: Insurance Company:
1 First American Way 1 First American Way
Santa Ana, California 92707 Santa Ana, California 92707
You may contact the Texas Department of Insurance to Puede comunicarse con el Departamento de Seguros de
obtain information on companies, coverages, rights or Texas para obtener informacion acerca de companias,
complaints at: coberturas, derechos o quejas al:
1- 800 - 252 -3439 1- 800 - 252 -3439
You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104 P.O. Box 149104
Austin, TX 78714 -9104 Austin, TX 78714 -9104
Fax: (512) 475 -1771 Fax: (512) 475 -1771
Web: http: / /www.tdi.state.tx.us Web: http://www.tdLstate.tx.us
E -mail: ConsumerProtection @tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un
about a claim you should contact First American Title reclamo, debe comunicarse con el First American Title
Insurance Company first. If the dispute is not resolved, you Insurance Company primero. Si no se resuelve la disputa,
may contact the Texas Department of Insurance. puede entonces comunicarse con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA:
This notice is for information only and does not become a Este aviso es solo para proposito de informacion y no se
part or condition of the attached document. convierte en parte o condicion del documento adjunto.
Form 50- TXNOTICE (11 -1 -09) Page 1 of 1 Mandatory Complaint Notice (11 -1 -09)
Texas
Form 5019648 -A (2/1/10) Page 11 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
a Subsidiary of
sememonsim REPUBLIC TITLE OF TEXAS, INC. ps i �ME
0000.0.000 PRIVACY STATEMENT
REPUBLIC TITLE'
Republic Title of Texas, Inc. ( *RTT*) is a wholly owned subsidiary of First American Title Insurance Company. RTT and its subsidiary and affiliated companies respect the privacy and
security of your non - public personal information ("Personal information") and protecting your Personal Its formation is one of our top priorities. This Privacy Statement explains RTT's
privacy practices, including how we use tire Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. RTT follows the privacy
practices described in this Privacy Statement and, depending on use business performed, RTT may share information described herein.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,
such as information obtained from a public record or from another person or entity. RTT and First American have also adopted broader guidelines that govem our use of Personal
Information regardless of its source. First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic Personal Information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us. whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others;
* Information we receive from a consumer reporting agency; and
• Information from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and
your activity while using or reviewing our websites.
Uses of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your Personal Information to
nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information
indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of Personal Information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers,
such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home
warranty companies and escrow companies. Furtherrnore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our
behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your Personal Information. We restrict access to Personal Information about you to those
individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure
that your Personal Information will be handled responsibly and in accordance with this Privacy Policy and RTT and First American's Fair Information Values. We currently maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your Personal Information.
Information Obtained Through Our Web Site
RTT and First American Financial Corporation are sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on
the Internet. In general, you can visit RTT or First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.
Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages
viewed and similar information. RTT and First American use this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at
the time of collection how we will use the Personal Information. Usually, the Personal Information we collect is used only by us to respond to your inquiry, process an order or allow you to
access specific account/profile information. If you choose to share any Personal Information with us, we will only use it its accordance with the policies outlined above.
Business Relationships
RTT and First American Financial Corporation's sites and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect
for privacy, we are not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of RTT's and First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element
of data that a Web site can send to your browser, which may then store the cookie on your hard drive. Republictitle.com and FirstAm.com use stored cookies. The goal of this technology
is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience.
Fair Information Values
* Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer
benefits and consumer privacy.
* Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an
open public record and emphasize its importance and contribution to our economy.
• Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination
of data.
= Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct
inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source
of the erroneous data so that the consumer can secure the required corrections.
* Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct
our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a
responsible manner.
= Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Effective Date: August 1, 2011
Form 5019648 -A (2/1/10) Page 12 of 13 T -1 Owner's Policy of Title Insurance (Rev. 2 -1 -10)
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been
disclosed, and request correction or deletion of your Personal Information. However, RIT's current policy is to maintain customers' Personal Information for no less than your state's
required record retention requirements for the purpose of handling future coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law we may charge a
reasonable fee to cover the costs incurred in responding to suds requests. Please send requests to:
Republic Title of Texas, Inc.
Peter S. Graf
General Counsel
2626 Howell Street. 10th Floor
Dallas, Texas 75204
Changes to this Privacy Statement
This privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our
website. The effective date of this Privacy Statement, as stated below, indicates the last time this Privacy Statement was revised or materially changed.
Form 5019648 -A (2/1/10) Page 13 of 13 T -1 Owners Policy of Title Insurance (Rev. 2 -1 -10)