Brightbill Addition (Lot 1, Block 1) - Temporary Construction Easement •
Electronically Recorded Tarrant County Texas
EXHIBIT D
2— " -- r ( : -P ' is llE 0l.-R olds 7/31/2012 8:26 AM D212184016
1_- tJ EMPg RARY CONSTRUffAOi EASE v T
� ( Olsw"Y'jc'Vt !iUME 9840, PAGE 1820
Mary Louise U EHE CITY OF SOI?{tt1 tttAriIMPLIFILE
TARRANT COUNTY, TEXAS
Being the owner of the above referenced property, I (we) hereby grant to the City o f Southlake, and
to the Contractor, a temporary construction easement through a portion of a tract of land conveyed to
KENNETH SMITH by the deed recorded in Volume 9840, Page 1820 the Official Public Records
of Tarrant County, Texas for the purposes of constructing necessary sanitary sewer facilities.
The temporary construction easement will be 50 feet wide and shall be South of and parallel to the
north property line of said tract of land.
It is understood that during construction, the Contractor will of necessity require the temporary
construction easement to accommodate movement of equipment for handling and placement of
piping and supplies, but only as may he necessary, and in no case shall the Contractor permit
equipment to become in contact with, or damage existing buildings or other permanent lot
improvements. It is further understood that the Contractor shall be required by the City to restore all
areas of the lot, relative to fencing, structures, and other improvements to pre - existing conditions, or
better. The above granted permission shall expire and further activities limited to the permanent
utility casement of record upon final acceptance by the City of the Contractor's work.
Permission and accts granted this, the , (((day of _ , 2012.
Aar
Owner ( -' nited Name) Owner ( iature)
N^•OO -Ncw N thice'P :ejects \Developmenlnevelopment Projects`Co:mnercial \For t Park Medical CerderTusemens & RO \VSmith 575 E Sn
11 \Cuntm a o:" "Sale & Exhibits • S:.ith.duc Page 1
EXHIBIT D This document has been electronically recorded by
TC 4
o l � u o � � Rattikin Title Company
TEMPORARY CONSTRUCTION EASEMENT
te recorded
VOLUME 9840, PAGE 1820
TO THE CITY OF SOUTHLAKE
0o011ment Nu
TARRANT COUNTY, TEXAS
Being the owner of the above referenced property, I (we) hereby grant to the City of Southlake, and
to the Contractor, a temporary construction easement through a portion of a tract of land conveyed to
KENNETH SMITH by the deed recorded in Volume 9840, Page 1820 of the Official Public Records
of Tarrant County, Texas for the purposes of constructing necessary sanitary sewer facilities.
The temporary construction easement will be 50 feet wide and shall be South of and parallel to the
north property line of said tract of land.
It is understood that during construction, the Contractor will of necessity require the temporary
construction easement to accommodate movement of equipment for handling and placement of
piping and supplies, but only as may be necessary, and in no case shall the Contractor permit
equipment to become in contact with, or damage existing buildings or other permanent lot
improvements. It is further understood that the Contractor shall be required by the City to restore all
areas of the lot, relative to fencing, structures, and other improvements to pre- existing conditions, or
better. The above granted permission shall expire and further activities limited to the permanent
utility easement of record upon final acceptance by the City of the Contractor's work.
Permission and acc- s granted this, the ,( day of ja /�, e ,, , 2012.
� �� ✓
Owner rnted Name) Owner ( ature)
N: \00 -New N Drive\ Projects \Development\Development Projects \Commercial\Forest Park Medical Center \Easements & ROW\Smith 575 E SH
114 \Contract of Sale & Exhibits - Smith.doc Page 15
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF EASTLAND
BEFORE ME the undersigned authority in and for Eastland County, Texas, on this day personally
ap ■ - ared i 1 2 5 jf , known to me or proved to me through
j., _ ; /IOC_ (description of identity card or other document), to be the
same person whose name is subscribed to the foregoing instrument and acknowledged to me that
he /she executed the same for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this �u day of IZ 1 ° . , 2012.
NOTARY SEAL i/17 di. , '�
Notary Public, Sta of e
eat/ �
nor f G,
**** * * * * ********,* ** „**** „** **„ Notary' s Name (Printed)
'1TN .' ANDREA I. OJEDA
Notary Public
%c STATE OF TEXAS �y
•,;;' .'i . d` My Comm. Exp.0110612015 0X7 c3v
Notary's Commission Expires
AFTER EXECUTION BY OWNER, PLEASE
RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
c/o Public Works Department
1400 Main Street, Suite 230
Southlake, Texas 76092
Phone: 817 - 748 -8089
Fax: 817- 748 -8077
N: \00 -New N Drive\ Projects \Development\Development Projects \Commercial\Forest Park Medical Center \Easements & ROW\Smith 575 E SH
114 \Contract of Sale Smith.doc Page 16
FIELD NOTE DESCRIPTION Exhibit "A"
BEING a 0.084 acre tract of land located in the Absalom H. Chivers Survey, Abstract No. 299, Tarrant County,
Texas, and being situated in a tract of land described to Kenneth Smith recorded in Volume 9840, Page 1820
of the Official Public Records of Tarrant County, Texas and being more particularly described as follows:
BEGINNING at a point for corner located in the east line of LOT 1, BLOCK 1 of BRIGHTBILL ADDITIOIN
according to the plat recorded in Volume 388 -162, Page 73 of the Plat Records of Tarrant County, Texas
(PRTCT) and being located South 00 °45'45" West a distance of 17.64 from it's northeast corner and also being
the southwesterly right -of -way line of State Highway No. 114 (a variable width right -of -way);
THENCE departing the east line of said Lot 1, SOUTH 57 °49'01" EAST a distance of 248.32 feet to a point for
corner;
THENCE SOUTH 32 °10'59" WEST a distance of 15.00 feet to a point for corner;
THENCE NORTH 57°49'01" WEST a distance of 239.15 feet to a point for corner located in the east line of
said Lot 1;
THENCE along said east line, NORTH 00 °45'45" EAST a distance of 17.58 feet to the POINT OF
BEGINNING;
CONTAINING 0.084 acre or 3,656 square feet of land more or less.
AWin J. Be.ford
Registered Profes•ional Land rveyor No. 4132
A.J. Bedford Gro p, Inc.
301 N. Alamo Road
Rockwall, Texas 75087
V .
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AUSTIN J. BEDFORD ,
P.
4132
*`:0 ; S S I SR q
SCALE: l" _ l00' DATE: 06 `
SHEET I5' SANITARY BEDFORD GROUP, INC.
TECHNICIAN: L. SPRADLING �
DRAWN BY: L. SPRADLING SEWER R EGISTERED PROFESSIONAL LAND SURVEYORS
OF 2 FILE: OFFSITE SEWER ESMT. EASEMENT 30/ N. ALANO ROAD • ROCKWALL, TEXAS 75087
PROJECT No. 344 -042 (972) 722 -0225, Fax (972) 722 -056/
Exhibit "B"
,
/5' SANITARY SEWER EASEMENT
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Em."'" PER FEMA FIRM 48439C0085K BEGINNING ° , / 248
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LOT 1, BLOCK / Sewer Easement
j BRIGHTB/LL ADDITION '""9 • / I 1 VOLUME 388 -162, PAGE 73 / s ' \
/ ) 1 (PRTCT) 0.084 Acres
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I 3656 Sq. Feet
1 `5.32 °1059"
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I o 1
KENNETH SMITH
o
1 ", VOLUME 9840, PAGE /820
1 (DRTCT) I KENNETH SMITH
I sa
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5/8" lRF ------ - - - - --
— ----------- - -- - —
---- —
----- -
for reference of W. HIGHLAND DRIVE
s 0050'00" w = 18.8' (a variable width right –of –way)
7' RIGHT -OF -WAY DEDICATION — — —
CABINET A, SLIDE 4810
(PRTCT) JAMES MILNER AND SPOUSE,
MARY J. MILNER
INSTRUMENT NO. 02023 74 74 9
(DRTCT)
/ `
SCALE: I" = 100' DATE: 06 - 19 - 2012 /5' SAN! TARY /� J �� BEDFORD GROUP, INC.
SHEET
2 TECHNICIAN: L. SPRADLING
DRAWN 13Y: L. SPRADLING SEWER REGISTERED PROFESSIONAL LAND SURVEYORS
OF 2 FILE: OFFSITE SEWER ESMT. EASEMENT t 301 N. ALANO ROAD • ROCKWALL, TEXAS 75087
PROJECT No. 344 -042 J \ (972) 722 -0225, FAX (972) 722 -0361
2
RATTI
August 3, 2012
City of Southlake, Texas
1400 Main Street, Suite 320
Southlake, TX 76092
Re: RTC GF #: 12 -01660
Property Address: E State Hwy 114
Southlake, TX 76092
Dear City of Southlake, Texas:
In connection with the above referenced transaction, we are pleased to enclose the title policy and original
instruments that have been filed of record.
We continually strive to deliver consistent, high quality customer service and to make your experience as
comfortable and easy as possible. To that end, we have created a special file concerning this transaction.
Should the property be placed for sale or mortgaged in the future, all corresponding history will be easily
accessible and will expedite closing of the transaction at Rattikin Title.
It has been a great pleasure to be of service to you in this matter. If we can be of further assistance in this, or any
future transaction, please contact us.
Sincerely,
e �cX�r
Escrow Officer
City of Southlake
AUG 16 2012
Dept. of Public Works
Southlake Office • 2615 E. Southlake Blvd., Suite 100 • Southlake, Texas 76092 • Phone 817.329.9975 • Fax 817.81.5058
NN rI4.Rattikintitle.cont
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by ALLIANT NATIONAL TITLE INSURANCE COMPANY POLICY NO.
Any notice of claim and any other notice or statement in writing required to be given to the Company T1-633721
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, ALLIANT NATIONAL TITLE INSURANCE COMPANY, a Colorado 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 loss 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 governmental 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
(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.
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 govemmental 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
ALLIANT NATIONAL TITLE
INSURANCE COMPANY
Rattikin Title Company d ,,
201 Main Street \� LE DN By:
Suite 800
O �PV�O� T�t y •
x ' �_ President
Fort Worth, TX 76102 ,y
Countersigned: ' zip SEAL ;r)
On i�
6 �.� LORI* 9 4
_ Attest:
_ Secretary
Scret
Authoriz- • • -' -r or Agent
Form ANTTX -Tl Owner's Policy of Title insurance
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a Para obtener informacion o para someter una
complaint: queja:
You may call Alliant National Title Ins. Co.'s toll Usted puede Ilamar al numero de telefono gratis
free telephone number for information or to make de Alliant National Title Ins. Co. para informacion
a complaint at: o para someter una queja al:
(877)788 -9800 (877)788 -9800
You may also write to Alliant National Title Ins. Usted tambien puede escriber a Alliant National
Co. at: Title Ins. Co.:
2101 Ken Pratt Blvd., Suite 102 2101 Ken Pratt Blvd., Suite 102
Longmont, CO. 80501 Longmont, CO. 80501
You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain information on Seguros de Texas para obtener informacion
companies, coverages, rights, or complaints acerca de companias, coberturas, dereturas,
at: derechos o quejas al:
1- 800 - 252 -3439 1- 800 - 252 -3439
You may write the Texas Department of Puede escribir al Departamento de Seguros de
Insurance: 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.tdi.state.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 i tiene una disputa concerniente a su prima o
premium or about a claim, you should a un reclamo, debe comunicarse con el
contact Alliant National Title Ins. Co. first. If Alliant National Title Ins. Co. primero. Si no
the dispute is not resolved, you may then se resuelve la disputa, puede entonces
contact the Texas Department of Insurance. comunicarse con el dapartamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA:
This notice is for information only and does Este aviso es solo para proposito de
not become a part or condition of the informacion y no se convierte en parte o
attached document. condicion del documento adjunto
ALLIANT NATIONAL TITLE INS. CO.
OWNER'S POLICY OF TITLE INSURANCE T -1
SCHEDULE A
Name and Address of Title Insurance Company: Alliant National Title Ins. Co.
1831 Lefthand Circle; Suite G
Longmont, CO. 80501
File Number: 12 -01660 Policy Number: 633721
Address for Reference only: E State Hwy 114
Southlake, TX 76092
Amount of Insurance: $ 24,234.00
Date of Policy: July 31, 2012 Premium: $328.00
1. Name of Insured:
City of Southlake, a municipal corporation of Tarrant County, Texas
2. The estate or interest in the land which is covered by this policy is:
Non - Exclusive Easement Estate for sanitary sewer as created by that certain Easement Agreement dated
June 28, 2012, by and between Kenneth Smith and City of Southlake, filed for record under Clerk's File No.
D212184015, Deed Records of Tarrant County, Texas.
3. Title to the estate or interest in the land is insured as vested in:
City of Southlake, a municipal corporation of Tarrant County, Texas
4. The land referred to in this policy is described as follows:
BEING a 0.084 acre tract of land located in the Absalom H. Chivers Survey, Abstract No. 299, Tarrant
County, Texas, and being situated in a tract of land described to Kenneth Smith recorded in Volume 9840,
Page 1820 of the Official Public Records of Tarrant County, Texas and being more particularly described as
follows:
BEGINNING at a point for corner located in the east line of LOT 1, BLOCK 1 of BRIGHTBILL ADDITION
according to the plat recorded in Volume 388 -1 62, Page 73 of the Plat Records of Tarrant County, Texas
(PRTCT) and being located South 00 °45'45" West a distance of 17.64 from its northeast corner and also
being the southwesterly right -of -way line of State Highway No. 114 (a variable width right -o -way);
THENCE departing the east line of said Lot 1, SOUTH 57 °49'01" EAST a distance of 248.32 feet to a point
for corner;
THENCE SOUTH 32 °10'59" WEST a distance of 15.00 feet to a point for corner;
THENCE NORTH 57 °49'01" WEST a distance of 239.15 feet to a point for corner located in the east line of
said Lot 1;
THENCE along said east line, NORTH 00 °45'45" EAST a distance of 17.58 feet to the POINT OF
BEGINNING;
FORM T -1: Owner's Policy of Title Insurance
Schedule A (12- 01660.PFD/12- 01660/45)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE A
(Continued)
File Number: 12 -01660 Policy Number: 633721
CONTAINING 0.084 acre or 3,656 square feet of land more or less.
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND /OR SQUARE FOOTAGE
CALCULATIONS, IF ANY, ARE CORRECT.
FORM T -1: Owner's Policy of Title Insurance
Schedule A (12- 01660.PFD/12- 01660/45)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
ALLIANT NATIONAL TITLE INS. CO.
SCHEDULE B
File No.: 12 -01660 Policy No.: 633721
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in
Schedule A and the following matters:
1.
delete this cxccption):
This Item is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations,
governments or other entities.
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to
that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 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. 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.
b. Rights of parties in possession.
c. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded
in Volume 1303, Page 580, Deed Records of Tarrant County, Texas.
d. Easement for right -of -way granted to TEXAS POWER & LIGHT COMPANY by instrument recorded
in Volume 1349, Page 383, Deed Records of Tarrant County, Texas.
e. Easement recorded in Volume 10325, Page 2236, Deed Records of Tarrant County, Texas.
FORM T -1: Owner's Policy of Title Insurance
Schedule B (12- 01660.PFD/12- 01660/45)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE B
(Continued)
File No.: 12 -01660 Policy No.: 633721
f. Easement for drainage recorded in Volume 14977, Page 328, Deed Records of Tarrant County,
Texas.
g. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated
August 5, 2008, filed for record under Clerk's File No. D208457282, Deed Records of Tarrant
County, Texas. Title to said Lease has not been checked subsequent to the date of recording of the
said Memorandum.
h. Rights of tenants in possession, as tenants only, under any unrecorded leases or rental
agreements.
i. Easement for temporary construction filed for record under Clerk's File No. D212184016, Deed
Records of Tarrant County, Texas.
j. Non - Exclusive Easement Estate for sanitary sewer as created by that certain Easement Agreement
dated June 28, 2012, by and between Kenneth Smith and City of Southlake, filed for record under
Clerk's File No. D212184015, Deed Records of Tarrant County, Texas.
FORM T -1: Owner's Policy of Title Insurance
Schedule B (12- 01660.PFD/12- 01660/45)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
•
•
ALL1ANT '10NAL
T I T L E I N S U R A N C E C O M P A N Y
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting or relating to:
(i) the occupancy, use, or enjoyment of the Land;
(11) the character, dimensions or location of any improvement erected on the Land;
(iii) subdivision of land; or
(iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion
1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting
the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule
A.
6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule
A because of Unmarketable Title.
CONDITIONS
1. DEFINITION OF TERMS (f) "Knowledge" or "Known ": actual knowledge, not
The following terms when used in this policy mean: constructive knowledge or notice that may be imputed to an Insured
(a) "Amount of Insurance ": the amount stated in Schedule A, by reason of the Public Records or any other records that impart
as may be increased or decreased by endorsement to this policy, constructive notice of matters affecting the Title.
increased by Section 8(b), or decreased by Sections 10 and 11 of (g) "Land ": the land described in Schedule A, and
these Conditions. affixed improvements that by law constitute real property. The
(b) "Date of Policy ": The date designated as "Date of Policy" term "Land" does not include any property beyond the lines of the
in Schedule A. area described in Schedule A, nor any right, title, interest, estate or
(c) "Entity ": A corporation, partnership, trust, limited liability easement in abutting streets, roads, avenues, alleys, lanes, ways or
company or other similar legal entity. waterways, but this does not modify or limit the extent that a right of
(d) "Insured ": the Insured named in Schedule A. access to and from the Land is insured by this policy.
(i) The term "Insured" also includes: (h) "Mortgage ": mortgage, deed of trust, trust deed,
(A) successors to the Title of the Insured by operation or other security instrument, including one evidenced by electronic
of law as distinguished from purchase, including heirs, devisees, means authorized by law.
survivors, personal representatives or next of kin; (i) "Public Records ": records established understate
(B) successors to an Insured by dissolution, merger, statutes at Date of Policy for the purpose of imparting constructive
consolidation, distribution or reorganization; notice of matters relating to real property to purchasers for value
(C) successors to an Insured by its conversion to and without Knowledge. With respect to Covered Risk 5(d), "Public
another kind of Entity; Records" shall also include environmental protection liens filed in
(D) a grantee of an Insured under a deed delivered the records of the clerk of the United States District Court for the
without payment of actual valuable consideration conveying the district where the Land is located.
Title; (j) "Title": the estate or interest described in
(1) If the stock, shares, memberships, or other Schedule A.
equity interests of the grantee are wholly -owned by the named (k) "Unmarketable Title ": Title affected by an alleged
Insured, or apparent matter that would permit a prospective purchaser or
(2) If the grantee wholly owns the named Insured, lessee of the Title or lender on the Title to be released from the
(3) If the grantee is wholly -owned by an affiliated obligation to purchase, lease or lend if there is a contractual condition
Entity of the named Insured, provided the affiliated Entity and the requiring the delivery of marketable title.
named Insured are both wholly -owned by the same person or Entity, 2. CONTINUATION OF INSURANCE.
or The coverage of this policy shall continue in force as of Date of
(4) If the grantee is a trustee or beneficiary of Policy in favor of an Insured, but only so long as the Insured retains
a trust created by a written instrument established by the Insured an estate or interest in the Land, or holds an obligation secured
named in Schedule A for estate planning purposes. by a purchase money Mortgage given by a purchaser from the
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights Insured, or only so long as the Insured shall have liability by reason
and defenses as to any successor that the Company would have of warranties in any transfer or conveyance of the Title. This policy
had against any predecessor Insured. shall not continue in force in favor of any purchaser from the Insured
(e) "Insured Claimant ": an Insured claiming loss or of either (i) an estate or interest in the Land, or (ii) an obligation
damage. secured by a purchase money Mortgage given to the Insured.
Form ANTTX -T1 Owner's Policy of Title Insurance
•
CONDITIONS
(continued)
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED defense as required or permitted by this policy, the Company may
CLAIMANT. pursue the litigation to a final determination by a court of competent
The Insured shall notify the Company promptly in writing (i) jurisdiction and it expressly reserves the right, in its sole discretion,
in case of any litigation as set forth in Section 5 (a) below, or (ii) in to appeal from any adverse judgment or order.
case Knowledge shall come to an Insured hereunder of any claim 6. DUTY OF INSURED CLAIMANT TO COOPERATE.
of title or interest that is adverse to the Title, as insured, and that (a) In all cases where this policy permits or requires the Company
might cause loss or damage for which the Company may be liable to prosecute or provide for the defense of any action or proceeding
by virtue of this policy. If the Company is prejudiced by the failure and any appeals, the Insured shall secure to the Company the right
of the Insured Claimant to provide prompt notice, the Company's to so prosecute or provide defense in the action or proceeding,
liability to the Insured Claimant under the policy shall be reduced to including the right to use, at its option, the name of the Insured for
the extent of the prejudice. this purpose. Whenever requested by the Company, the Insured,
When, after the Date of the Policy, the Insured notifies the at the Company's expense, shall give the Company all reasonable
Company as required herein of a lien, encumbrance, adverse claim aid (i) in securing evidence, obtaining witnesses, prosecuting or
or other defect in Title insured by this policy that is not excluded defending the action or proceeding, or effecting settlement, and (ii)
or excepted from the coverage of this policy, the Company shall in any other lawful act that in the opinion of the Company may be
promptly investigate the charge to determine whether the lien, necessary or desirable to establish the Title or any other matter as
encumbrance, adverse claim or defect or other matter is valid and insured. If the Company is prejudiced by the failure of the Insured
not barred by law or statute. The Company shall notify the Insured to furnish the required cooperation, the Company's obligations to
in writing, within a reasonable time, of its determination as to the the Insured under the policy shall terminate, including any liability
validity or invalidity of the Insured's claim or charge under the policy. or obligation to defend, prosecute, or continue any litigation, with
If the Company concludes that the lien, encumbrance, adverse claim regard to the matter or matters requiring such cooperation.
or defect is not covered by this policy, or was otherwise addressed (b) The Company may reasonably require the Insured
in the closing of the transaction in connection with which this policy Claimant to submit to examination under oath by any authorized
was issued, the Company shall specifically advise the Insured of representative of the Company and to produce for examination,
the reasons for its determination. If the Company concludes that the inspection and copying, at such reasonable times and places
lien, encumbrance, adverse claim or defect is valid, the Company as may be designated by the authorized representative of the
shall take one of the following actions: (i) institute the necessary Company, all records, in whatever medium maintained, including
proceedings to clear the lien, encumbrance, adverse claim or defect books, ledgers, checks, memoranda, correspondence, reports,
from the Title as insured; (ii) indemnify the Insured as provided in e- mails, disks, tapes, and videos whether bearing a date before
this policy; (iii) upon payment of appropriate premium and charges or after Date of Policy, that reasonably pertain to the loss or
therefor, issue to the Insured Claimant or to a subsequent owner, damage. Further, if requested by any authorized representative
loan/lender or holder of the estate or interest in the Land insured of the Company, the Insured Claimant shall grant its permission,
by this policy, a policy of title insurance without exception for the in writing, for any authorized representative of the Company to
lien, encumbrance, adverse claim or defect, said policy to be in an examine, inspect and copy all of these records in the custody
amount equal to the current value of the Land or, if a loan/lender or control of a third party that reasonably pertain to the loss or
policy, the amount of the loan; (iv) indemnify another title insurance damage. All information designated as confidential by the Insured
company in connection with its issuance of a policy(ies) of title Claimant provided to the Company pursuant to this Section shall
insurance without exception for the lien, encumbrance, adverse not be disclosed to others unless, in the reasonable judgment of
claim or defect; (v) secure a release or other document discharging the Company, it is necessary in the administration of the claim.
the lien, encumbrance, adverse claim or defect; or (vi) undertake a Failure of the Insured Claimant to submit for examination under
combination of (1) through (v) herein. oath, produce any reasonably requested information or grant
4. PROOF OF LOSS. permission to secure reasonably necessary information from
In the event the Company is unable to determine the amount of third parties as required in this subsection, unless prohibited by
loss or damage, the Company may, at its option, require as a condition law or governmental regulation, shall terminate any liability of the
of payment that the Insured Claimant furnish a signed proof of loss. Company under this policy as to that claim.
The proof of loss must describe the defect, lien, encumbrance or 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
other matter insured against by this policy that constitutes the basis TERMINATION OF LIABILITY.
of loss or damage and shall state, to the extent possible, the basis In case of a claim under this policy, the Company shall have the
of calculating the amount of the loss or damage. following additional options:
5. DEFENSE AND PROSECUTION OF ACTIONS. (a) To Pay or Tender Payment of the Amount of Insurance.
(a) Upon written request by the Insured, and subject to the To pay or tender payment of the Amount of Insurance under this
options contained in Sections 3 and 7 of these Conditions, the policy together with any costs, attorneys' fees and expenses
Company, at its own cost and without unreasonable delay, shall incurred by the Insured Claimant that were authorized by the
provide for the defense of an Insured in litigation in which any third Company up to the time of payment or tender of payment and
party asserts a claim covered by this policy adverse to the Insured. that the Company is obligated to pay. Upon the exercise by the
This obligation is limited to only those stated causes of action Company of this option, all liability and obligations of the Company
alleging matters insured against by this policy. The Company shall to the Insured under this policy, other than to make the payment
have the right to select counsel of its choice (subject to the right required in this subsection, shall terminate, including any liability
of the Insured to object for reasonable cause) to represent the or obligation to defend, prosecute, or continue any litigation.
Insured as to those stated causes of action. It shall not be liable for (b) To Pay or Otherwise Settle With Parties Other than the
and will not pay the fees of any other counsel. The Company will Insured or With the Insured Claimant. (i) to pay or otherwise settle
not pay any fees, costs or expenses incurred by the Insured in the with other parties for or in the name of an Insured Claimant any
defense of those causes of action that allege matters not insured claim insured against under this policy. In addition, the Company
against by this policy. will pay any costs, attorneys' fees and expenses incurred by the
(b) The Company shall have the right, in addition to the Insured Claimant that were authorized by the Company up to the
options contained in Sections 3 and 7, at its own cost, to institute time of payment and that the Company is obligated to pay; or (ii)
and prosecute any action or proceeding or to do any other act that to pay or otherwise settle with the Insured Claimant the loss or
in its opinion may be necessary or desirable to establish the Title, damage provided for under this policy, together with any costs,
as insured, or to prevent or reduce loss or damage to the Insured. attorneys' fees and expenses incurred by the Insured Claimant
The Company may take any appropriate action under the terms that were authorized by the Company up to the time of payment
of this policy, whether or not it shall be liable to the Insured. The and that the Company is obligated to pay. Upon the exercise by the
exercise of these rights shall not be an admission of liability or Company of either of the options provided for in subsections (b)(i)
waiver of any provision of this policy. If the Company exercises its or (ii), the Company's obligations to the Insured under this policy
rights under this subsection, it must do so diligently. for the claimed loss or damage, other than the payments required
(c) Whenever the Company brings an action or asserts a to be made, shall terminate, including any liability or obligation to
Forin ANTTX -TI Owner's Policy of Title Insurance
CONDITIONS
(continued)
defend, prosecute or continue any litigation. bonds, notwithstanding any terms or conditions contained in those
8. DETERMINATION AND EXTENT OF LIABILITY. instruments that address subrogation rights.
This policy is a contract of indemnity against actual monetary 14. ARBITRATION.
loss or damage sustained or incurred by the Insured Claimant who Either the Company or the Insured may demand that the claim
has suffered loss or damage by reason of matters insured against or controversy shall be submitted to arbitration pursuant to the Title
by this policy. Insurance Arbitration Rules of the American Land Title Association
(a) The extent of liability of the Company for loss or damage ( "Rules "). Except as provided in the Rules, there shall be no joinder
under this policy shall not exceed the lesser of: or consolidation with claims or controversies of other persons.
(i) the Amount of Insurance; or Arbitrable matters may include, but are not limited to, any controversy
(ii) the difference between the value of the Title as or claim between the Company and the Insured arising out of or
insured and the value of the Title subject to the risk insured against relating to this policy, any service in connection with its issuance or
by this policy. the breach of a policy provision, or to any other controversy or claim
(b) If the Company pursues its rights under Section 3 or 5 and arising out of the transaction giving rise to this policy. All arbitrable
is unsuccessful in establishing the Title, as insured, matters when the Amount of Insurance is $2,000,000 or less shall be
(i) the Amount of Insurance shall be increased by 10 %, arbitrated at the option of either the Company or the Insured, unless
and the Insured is an individual person (as distinguished from an Entity).
(ii) the Insured Claimant shall have the right to have the All arbitrable matters when the Amount of Insurance is in excess
loss or damage determined either as of the date the claim was made of $2,000,000 shall be arbitrated only when agreed to by both the
by the Insured Claimant or as of the date it is settled and paid. Company and the Insured. Arbitration pursuant to this policy and
(c) In addition to the extent of liability under (a) and (b), the under the Rules shall be binding upon the parties. Judgment upon
Company will also pay those costs, attorneys' fees and expenses the award rendered by the Arbitrator(s) may be entered in any court
incurred in accordance with Sections 5 and 7 of these Conditions. of competent jurisdiction.
9. LIMITATION OF LIABILITY. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
(a) If the Company establishes the Title, or removes the CONTRACT.
alleged defect, lien or encumbrance, or cures the lack of a right (a) This policy together with all endorsements, if any, attached
of access to or from the Land, all as insured, or takes action in to it by the Company is the entire policy and contract between the
accordance with Section 3 or 7, in a reasonably diligent manner by Insured and the Company. In interpreting any provision of this policy,
any method, including litigation and the completion of any appeals, this policy shall be construed as a whole.
it shall have fully performed its obligations with respect to that (b) Any claim of loss or damage that arises out of the status
matter and shall not be liable for any loss or damage caused to the of the Title or by any action asserting such claim, shall be restricted
Insured. to this policy.
(b) In the event of any litigation, including litigation by the (c) Any amendment of or endorsement to this policy must be
Company or with the Company's consent, the Company shall in writing and authenticated by an authorized person, or expressly
have no liability for loss or damage until there has been a final incorporated by Schedule A of this policy.
determination by a court of competent jurisdiction, and disposition (d) Each endorsement to this policy issued at any time
of all appeals, adverse to the Title, as insured. is made a part of this policy and is subject to all of its terms and
(c) The Company shall not be liable for loss or damage to the provisions. Except as the endorsement expressly states, it does not
Insured for liability voluntarily assumed by the Insured in settling any (i) modify any of the terms and provisions of the policy, (ii) modify
claim or suit without the prior written consent of the Company. any prior endorsement, (iii) extend the Date of Policy or (iv) increase
10. REDUCTION OF INSURANCE; REDUCTION OR the Amount of Insurance. Each Commitment, endorsement or other
TERMINATION OF LIABILITY. form, or provision in the Schedules to this policy that refers to a
All payments under this policy, except payments made for term defined in Section 1 of the Conditions shall be deemed to
costs, attorneys' fees and expenses, shall reduce the Amount of refer to the term regardless of whether the term is capitalized in
Insurance by the amount of the payment. the Commitment, endorsement or other form, or Schedule. Each
11. LIABILITY NONCUMULATIVE. Commitment, endorsement or other form, or provision in the
The Amount of Insurance shall be reduced by any amount Schedules that refers to the Conditions and Stipulations shall be
the Company pays under any policy insuring a Mortgage to which deemed to refer to the Conditions of this policy.
exception is taken in Schedule B or to which the Insured has agreed, 16. SEVERABILITY.
assumed, or taken subject or which is executed by an Insured after In the event any provision of this policy, in whole or in part,
Date of Policy and which is a charge or lien on the Title, and the is held invalid or unenforceable under applicable law, the policy
amount so paid shall be deemed a payment to the Insured under shall be deemed not to include that provision or such part held
this policy. to be invalid and all other provisions shall remain in full force and
12. PAYMENT OF LOSS. effect.
When liability and the extent of loss or damage have been 17. CHOICE OF LAW; FORUM.
definitely fixed in accordance with these Conditions, the payment (a) Choice of Law: The Insured acknowledges the Company
shall be made within 30 days. has underwritten the risks covered by this policy and determined the
13. RIGHTS OF RECOVERY UPON PAYMENT OR premium charged therefor in reliance upon the law affecting interests
SETTLEMENT. in real property and applicable to the interpretation, rights, remedies
(a) Whenever the Company shall have settled and paid a claim or enforcement of policies of title insurance of the jurisdiction where
under this policy, it shall be subrogated and entitled to the rights of the Land is located. Therefore, the court or an arbitrator shall apply
the Insured Claimant in the Title and all other rights and remedies the law of the jurisdiction where the Land is located to determine the
in respect to the claim that the Insured Claimant has against any validity of claims against the Title that are adverse to the Insured,
person or property, to the extent of the amount of any loss, costs, and in interpreting and enforcing the terms of this policy. In neither
attorneys' fees and expenses paid by the Company. If requested case shall the court or arbitrator apply its conflicts of laws principles
by the Company, the Insured Claimant shall execute documents to to determine the applicable law.
evidence the transfer to the Company of these rights and remedies. (b) Choice of Forum: Any litigation or other proceeding brought
The Insured Claimant shall permit the Company to sue, compromise by the Insured against the Company must be filed only in a state or
or settle in the name of thelnsured Claimant and to use the name of federal court within the United States of America or its territories
the Insured Claimant in any transaction or litigation involving these having appropriate jurisdiction.
rights and remedies. If a payment on account of a claim does not
fully cover the loss of the Insured Claimant, the Company shall defer 18. NOTICES, WHERE SENT.
the exercise of its right to recover until after the Insured Claimant Any notice of claim and any other notice or statement in writing
shall have recovered its loss. required to be given the Company under this Policy must be given to the
(b) The Company's right of subrogation includes the rights of Company at 2101 Ken Pratt Blvd., #102, Longmont, Colorado 80501.
the Insured to indemnities, guaranties, other policies of insurance or
Form ANTTX -T1 Owner's Policy of Title Insurance
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