Francis Throop Survey, Abstract No. 1511 - Temporary Construction Easement in Settlement for Condemnation (Removal of Structure) Page 1 of 9
Electronically Recorded Tarrant County Texas
Official Public Records 12/6/2012 1 0:37 AM D212298503
fila�ot (ca.5
PGS 9 $48.00
Mary Louise Garcia Submitter: SIMPLIFILE
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TEMPORARY EASEMENT IN SETTLEMENT OF CONDEMNATION
(REMOVAL OF STRUCTURE)
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
Effective as of February 28, 2013 (the "Effective Date ") that Gerald C. Graham and
Barbara Jo Graham, whose mailing address is P.O. Box 1512, Grapevine, TX 76099,
hereinafter called "Grantor," for and in consideration of Ten and No /100 Dollars ($10.00) and
other good and valuable consideration paid by The City of Southlake, Texas, a municipal
corporation, 1400 Main Street, Southlake Texas, 76092, hereinafter referred to as "Grantee,"
pursuant to this Temporary Easement In Settlement of Condemnation (Removal of Structure)
(the "Temporary House Removal Easement Agreement ") does hereby grant unto Grantee a
temporary, nonexclusive easement ( "Temporary House Removal Easement ") over the surface of
the land more particularly described on Exhibit A attached hereto and made part hereof (the
"Temporary House Removal Easement Area "), such Temporary House Removal Easement Area
to be utilized solely to permit Grantor to comply with its obligations (the "House Removal
Obligations ") under Paragraph 5.0lb) of the Compromise and Settlement Agreement between
Grantor and Grantee in Cause No. 2012- 004229 -3 (the "CSA "), but only as may be necessary for
such House Removal Obligations and only pursuant to the terms and conditions set forth below.
This grant of the Temporary House Removal Easement is made by Grantor and accepted
by Grantee subject to the following exceptions, reservations, restrictions, conditions and
provisions:
1. The Temporary House Removal Easement is subject to all encumbrances, conditions,
covenants, restrictions, reservations, exceptions, rights of way, and easements
affecting the Temporary House Removal Easement Area or any part thereof,
including building and zoning ordinances, all laws, regulations and restrictions, and
restrictions by municipal or other governmental authorities applicable to and
enforceable against the Temporary House Removal Easement Area.
2. The Temporary House Removal Easement is subject to all visible encumbrances on,
in, or affecting the Temporary House Removal Easement Area, with the exception of
the structures to be demolished by Grantee pursuant to the CSA.
3. Grantee, its agents, contractors, and subcontractors shall be entitled to use said
Temporary House Removal Easement Area solely to comply with its House Removal
Obligations, and only as may be necessary for such House Removal Obligations and
in accordance with the terms and conditions of this Temporary House Removal
Easement Agreement, subject to the termination provision.
4. Grantee's use of the Temporary House Removal Easement Area will be strictly
limited to the use of the surface of the Temporary House Removal Easement Area
only, and will be further limited as follows:
*ACS /TRC* TARRANT Doc: 000298503 Date: 12/06/2012 Vol: 0000000 Page: 00000 Page: 1 Of 9
This document has been electronically recorded by
TEMPORARY EASEMENT IN SETTLEMENT OF CONDllg
(REMOVAL OF STRUCTURE) Date recorded 1 11 -
Document Number D 21 22.465
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
Effective as of February 28, 2013 (the "Effective Date ") that Gerald C. Graham and
Barbara Jo Graham, whose mailing address is P.O. Box 1512, Grapevine, TX 76099,
hereinafter called "Grantor," for and in consideration of Ten and No /100 Dollars ($10.00) and
other good and valuable consideration paid by The City of Southlake, Texas, a municipal
corporation, 1400 Main Street, Southlake Texas, 76092, hereinafter referred to as "Grantee,"
pursuant to this Temporary Easement In Settlement of Condemnation (Removal of Structure)
(the "Temporary House Removal Easement Agreement ") does hereby grant unto Grantee a
temporary, nonexclusive easement ( "Temporary House Removal Easement ") over the surface of
the land more particularly described on Exhibit A attached hereto and made part hereof (the
"Temporary House Removal Easement Area "), such Temporary House Removal Easement Area
to be utilized solely to permit Grantor to comply with its obligations (the "House Removal
Obligations ") under Paragraph 5.01b) of the Compromise and Settlement Agreement between
Grantor and Grantee in Cause No. 2012- 004229 -3 (the "CSA "), but only as may be necessary for
such House Removal Obligations and only pursuant to the terms and conditions set forth below.
This grant of the Temporary House Removal Easement is made by Grantor and accepted
by Grantee subject to the following exceptions, reservations, restrictions, conditions and
provisions:
1. The Temporary House Removal Easement is subject to all encumbrances, conditions,
covenants, restrictions, reservations, exceptions, rights of way, and easements
affecting the Temporary House Removal Easement Area or any part thereof,
including building and zoning ordinances, all laws, regulations and restrictions, and
restrictions by municipal or other governmental authorities applicable to and
enforceable against the Temporary House Removal Easement Area.
2. The Temporary House Removal Easement is subject to all visible encumbrances on,
in, or affecting the Temporary House Removal Easement Area, with the exception of
the structures to be demolished by Grantee pursuant to the CSA.
3. Grantee, its agents, contractors, and subcontractors shall be entitled to use said
Temporary House Removal Easement Area solely to comply with its House Removal
Obligations, and only as may be necessary for such House Removal Obligations and
in accordance with the terms and conditions of this Temporary House Removal
Easement Agreement, subject to the termination provision.
4. Grantee's use of the Temporary House Removal Easement Area will be strictly
limited to the use of the surface of the Temporary House Removal Easement Area
only, and will be further limited as follows:
29930.1
a) In connection with it House Removal Obligations, Grantee shall not close or
impede access to Grantor's property over and through the existing driveway
that is included within the Temporary House Removal Easement Area,
provided, however, Grantee may temporarily close Grantor's existing
driveway if: i) it is necessary and unavoidable for the House Removal
Obligations; and ii) Grantee provides Grantor with an alternative, temporary
access drive to Grantor 's property that is reasonably satisfactory to Grantor.
b) Grantor will not store, or allow any other person or entity to store, any
gasoline, diesel or other fuel, oil, or any other dangerous, hazardous or toxic
materials or compounds on the Temporary House Removal Easement Area.
5. It shall be Grantee's sole responsibility to ensure that Grantee's use of the Temporary
House Removal Easement Area is adequate for Grantee's intended and actual use, and
that Grantee's use of the Temporary House Removal Easement Area complies with all
state, federal, and local requirements. Grantee hereby agrees to obtain, and require its
contractors, agents and employees to obtain, all required permits and governmental
approvals for all activity related to its House Removal Obligations so as to meet all
regulatory requirements and shall complete all work in a good and workmanlike
manner. No later than thirty (30) days after the Effective Date, Grantee will install a
temporary construction fence on the eastern boundary of the Temporary House
Removal Easement Area and will maintain such temporary construction fence in
good condition. No later than thirty (30) days after the earlier of (i) the termination or
expiration of this Temporary House Removal Easement Agreement or (ii) the date on
which Grantee's use of the Temporary House Removal Easement Area is completed,
Grantee will remove the temporary construction fence and shall cover the Temporary
House Removal Easement Area with St. Augustine grass sod of a good quality.
Grantee shall, in all activities undertaken pursuant to this Temporary House Removal
Easement Agreement, comply and require its contractors, agents and employees to
comply with all federal, state and local laws, statutes, orders, ordinances, rules,
regulations, plans, policies and decrees.
6. It is understood and agreed that the grant of this Temporary House Removal
Easement is not a conveyance of any land in the Temporary House Removal
Easement Area but is a grant solely of the temporary non - exclusive working space
easement described herein. Without limitation, Grantor and Grantor's heirs,
successors, and assigns forever, reserve all water, oil, gas, and other minerals in and
under and that may be produced from the Temporary House Removal Easement Area
(the "Temporary House Removal Easement Area Reserved Estate "); provided,
however, that Grantor for the period of the Temporary House Removal Easement
Agreement and any renewal of the Temporary House Removal Easement Agreement
shall not explore for, mine or drill for or otherwise produce the water, oil, gas
(including casinghead gas and all gaseous substances), hydrocarbons, or any other
minerals reserved herein, from or on the surface of the Temporary House Removal
Easement Area, but during such period Grantor shall have the right to produce the
water, oil, gas, hydrocarbons, and other minerals reserved herein only by directional
drilling or other indirect means at a depth of not less than two hundred feet (200')
below the surface Temporary House Removal Easement Area in a manner which does
not enter upon, or interfere with the occupancy, use or enjoyment of the surface of the
29930.1
Temporary House Removal Easement Area by Grantee, its successors and assigns.
This limitation on the Temporary Easement Property Reserved Estate will terminate
and be of no further force or effect when this Temporary House Removal Easement
Agreement terminates or expires.
7. Grantee shall not permit to be placed against the Temporary House Removal
Easement Area, or any part thereof, any design professionals', mechanics',
materialmen's, contractors' or subcontractors' liens with regard to Grantee's actions
and activities upon the Temporary House Removal Easement Area.
8. Grantor, its successors and assigns, and Grantor's tenants, invitees, and guests, shall
have the right to use the Temporary House Removal Easement Area for any purpose
or purposes whatsoever, provided that such use does not unreasonably interfere with
or obstruct the use of the Temporary House Removal Easement Area by Grantee for
the purposes specified and on the terms contained in this Temporary House Removal
Easement Agreement.
9. Upon the termination, expiration, or revocation of this Temporary House Removal
Easement Agreement, Grantee shall, at its own and sole cost and expense, restore the
Temporary House Removal Easement Area to the same or better condition in which it
was prior to Grantee's use, with the exception of the structures to be demolished by
Grantee pursuant to the CSA. In case Grantee shall fail to restore Grantor's property
to its prior condition within a reasonable time after the effective date of the
termination, expiration, or revocation, then Grantor may proceed with such work at
the expense of Grantee.
10. No termination or expiration of the Temporary House Removal Easement Agreement
shall release Grantee from any liability or obligation under this Temporary House
Removal Easement Agreement.
11. In the event of a dispute between the parties with respect to the terms, conditions,
rights, or obligation of or under this Temporary House Removal Easement
Agreement, the prevailing party shall be entitled to collect from the other party its
reasonable attorneys' fees.
12. This Temporary House Removal Easement Agreement is not valid or binding on any
party unless executed and /or authorized by all of the parties listed below. This
Temporary House Removal Easement Agreement may be executed in one or more
counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same instrument.
13. Grantee shall obtain, and shall require any consultant or contractor entering the
Temporary House Removal Easement Area on its behalf to obtain, adequate
insurance, which may include a program of self - insurance.
14. This Temporary House Removal Easement Agreement will terminate and expire and
be of no further force and effect without further action or notice by or to Grantor or
Grantee on the earlier of: (i) expiration of twelve months from the Effective Date (the
"Temporary House Removal Easement Term "), or (ii) upon Grantor's completion of
its obligations under Paragraph 5.01b) of the CSA.
29930.1
15. Grantee may not assign this Temporary House Removal Easement Agreement or any
of Grantee's rights under it without Grantor' prior written consent which will not be
unreasonably withheld, and any attempted assignment is void. The consent by
Grantor to any assignment by Grantee will not release Grantee of its obligations
under this Temporary House Removal Easement Agreement, and City and the
assignee will be jointly and severally liable for the performance of those obligations
after any such assignment. This Temporary House Removal Easement Agreement
binds, benefits, and may be enforced by the parties and their respective heirs,
executors, administrators, legal representatives, successors, and permitted assigns, if
any.
16. Grantor agrees and represents that: (i) this Temporary House Removal Easement
Agreement is binding on Grantor and enforceable as an agreement in settlement of
condemnation under Texas A &M University- Kingsville v. Lawson, 87 S.W.3d 518
(Tex. 2002) and City of Carrollton v. Singer, 232 S.W.3d 790 (Tex. App. - -Fort Worth
2007, pet. denied), as clarified by any subsequent decisions of the Texas Supreme
Court or the Fort Worth Court of Appeals. In the event of a suit by Grantor against
Grantee for breach of this Temporary House Removal Easement Agreement, City will
not assert immunity from such suit, pursuant to the law as set out in the cases cited
above.
EXECUTED as the dates of the respective acknowledgements hereinafter set forth,
but to be effective as of February 28, 2013.
GRANTOR: GRANTEE:
GERALD AND BARBARA JO GRAHAM CITY OF SOUTHLAKE, TEXAS
By: , tr/ '
ByCli)
John Terrell, Mayor
By:- a f •
e`�` x• 0`5.. " rte
• Attest:
•`a
City Secretary = 0 •. m 0)
: .
REMAINDER OF PAGE INTENTIONALLY BLANK. ° " °"
',,, **it ,,,,`.
29930.1
ACKNOWLEDGMENTS
STATE OF TEXAS ANITA ARORA
Notary Public, State of Texas .
My Commission Expires
COUNTY OF TARRANT § % ,, , , , , � October 17, 2013
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared GERALD C. GRAHAM, known to me (or proved to me on the oath of
or through [description of identity card or other
document]) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the p � 1 day of
November, 2012.
L L
66-0
Notary Public in and for
The State of Texas //��
My Commission Expires: &N 1 TA & RD 12t\
Typed or Printed Name of Notary
Ch_40 11 O13
29930.1
; • ANITA ARORA
STATE OF TEXAS § ?? ` Notary Public, State of Texas
^ ,4 }5,: My Commission Expires
' October 17, 2013
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared BARBARA JO GRAHAM, known to me (or proved to me on the oath of
or through [description of identity card or other
document]) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
November, 2012.
Not ublic in and for
The State of Texas
My Commission Expires: 4 N 1 •T A
Typed or Printed Name of Notary
00)V 11 x.013
29930.1
STATE OF TEXAS §
§
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared JOHN TERRELL, known to me (or proved to me on the oath of or
through [description of identity card or other document]) to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the QTµ day of
Nmbcr, 2012.
6ecemoer ali _,,,
r A".. ....AtrOQOOOdA
' '�
RG' A T. rs Ca S : Notary Public in and for
• ' ° 'f y Public ;
o 4 n , Notary The State of Texas
=, �, , a ATF OF TEXAS g
��, ' orirmission -- T — R t a �
My Co ri rfs rpri E*Nare es 08/01/2013 i • J
L p ,y}ti„ µ NVV4'4�7.a.T1',4su.YV *4 ;4* * ** ** Typed or Printed Name of Notary
` L ` y 2A t3
29930.1
Exhibit "A"
Description of Temporary House Removal Easement Area
29930.1
•
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DATE: JULY 2012
DESIGN LNA ❑�V I rnIey -Nom
m ORAYN: SJP CITY OF SOUTHLAKE , end Associates,
DRIVEWAY RELOCATION " '""""" l '
CHECKED: 061 NORTH KIMBALL AVENUE
KHA NO- 0 Hw RMNOn By Dais
612]1.001
DATE 0 I, 2012
RATTI ► I
March 29, 2013
The City of Southlake, a Texas municipal corporation
c/o City Manager
1400 Main Street
Southlake, TX 76092
Re: RTC GF #: 11 -03174
Property Address: 1380 N Kimball Ave
Southlake, TX 76092
Dear The City of Southlake, a Texas municipal corporation:
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,
Megan Newburn
Escrow Officer
mnewburn @rattikintitle.com
Southlake Office • 2615 E. Southlake Blvd., Suite 100 • Southlake, Texas 76092 • Phone 817.329.9975 • Fax 817.481.5058
ww.Rattikintitle.com
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 T1-724458
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 and 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 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
ALLIANT NATIONAL TITLE
INSURANCE COMPANY
Rattikin Title Company
201 Main Street �1?�E_��s By:
Suite 800 G �,
o P• g p0 � 9 /� 4 + President
Fort Worth, TX 76102
Countersigned: Z; SEAL ' I^
CO LORA - e.'a�
ft leA
>b Attest:
By. 'L = .4 ( Secretary
Authorized Officer or Agent
Form ANTTX - 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: 11 -03174 Policy Number: 724458
Address for Reference only: 1380 N Kimball Ave
Southlake, TX 76092
Amount of Insurance: $ 225,000.00
Date of Policy: December 6, 2012 Premium: $1,511.00
1. Name of Insured:
The City of Southlake, a Texas municipal corporation
2. The estate or interest in the land which is covered by this policy is:
TRACT 1: Fee Simple estate, subject to, and the Company does not insure title to, and excepts from the
description of the Land, coal, lignite, oil, gas and other minerals in, under and that may be produced from the
Land, together with all rights, privileges, and immunities related thereto.
TRACT 2: Non - Exclusive Easement Estate for permanent utility, drainage and wall as created by that
certain Non - Exclusive Utility, Drainage and Wall Easement Agreement in Settlement Condemnation dated
effective as of February 28, 2013, by and between Gerald C. Graham and Barbara Jo Graham and the City
of Southlake, Texas filed for record under Clerk's File No. D212298501, Deed Records of Tarrant County,
Texas.
3. Title to the estate or interest in the land is insured as vested in:
The City of Southlake, a Texas municipal corporation
4. The land referred to in this policy is described as follows:
TRACT 1:
A 0.241 acre tract of land out of the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County,
Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto for all
purposes.
TRACT 2:
A 0.048 acre tract of land out of the Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County,
Texas, and being more particularly described by metes and bounds on Exhibit "B" attached hereto for all
purposes
FORM T -1: Owner's Policy of Title Insurance
Schedule A (11- 03174.PFD/11- 03174/73)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
EXHIBIT A
TRACT 1
•
PERMANENT RIGHT -OF -WAY
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 17
BEING 0.241 acre of land located in the Francis Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Gerald C. Graham and wife, Barbara Graham by the deed recorded
in Volume 10817, Page 2378, of the Deed Records of Tarrant County, Texas.
Said 0.241 acre of land being more particularly described by metes and bounds
as follows;
BEGINNING at a "PK" nail found at the Southeast corner of said Graham Tract
and the Northeast comer of a tract of land conveyed to Richard Holliday and
wife, Mary Ann Holliday by the deed recorded in Volume 14325, Page 524 of the
Deed Records of Tarrant County, Texas. and said POINT OF BEGINNING also
lying in the centerline of North Kimball Avenue;
THENCE N 89° 45' 37" W 49.92 feet. along the South boundary line of
aforesaid Graham Tract and the North boundary line of said Holliday
Tract, to a %" Iron rod marked "Brittain & Crawford ", set in the new West
right -of -way line of said North Kimball Avenue;
THENCE N 00° 49' 31" W 209.01 feet, along the new West right -of -way
line of said North Kimball Avenue, to a '/" iron rod marked "Brittain &
Crawford ", set in the North boundary line of said Graham Tract and the
South boundary line of a tract of land conveyed to Burton H. Patterson
and, Virginia L. Patterson by the deed recorded in County Clerk's File No.
204243712 of the Deed Records of Tarrant County Texas;
THENCE S 89° 45' 37" E 50.73 feet, along the North boundary line of
said Graham Tract and the South boundary line of said Patterson Tract, to
a point at the Northeast comer of said Graham Tract, lying in the
• centerline of line of said North Kimball Avenue;
THENCE S 00° 36' 17" E 209.00 feet, along the East boundary line of
said Graham Tract and the centerline of said North Kimball Avenue, to the
POINT OF BEGINNING containing 0.241 acre (10,517 square feet) of
land.
NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
Page 1
EXHIBIT
TRACT 2.
PERMANENT UTILITY, DRAINAGE AND WALL EASEMENT
NORTH KIMBALL AVENUE, STATE HIGHWAY 114 TO DOVE ROAD
PARCEL 17
BEING 0.048 acre of land located in the Francis Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Gerald C. Graham and wife, Barbara Graham by the deed recorded
in Volume 10817, Page 2378, of the Deed Records of Tarrant County, Texas.
Said 0,048 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a W iron rod marked "Brittaln & Crawford ", set in the South
boundary line of said Graham Tract, lying N 89° 45' 37" W 49.92 feet, from a
"PK" nail found marking the Southeast corner of said Graham Tract, and said
POINT OF BEGINNING also lying in the new West right -of -way line of North
Kimball Avenue;
THENCE N 89° 45' 37" W 10.00 feet, along the South boundary line of
aforesaid Graham Tract, to a point;
THENCE N 00° 49' 31" W 209.01 feet, to a point in the North boundary
line of said Graham Tract;
THENCE S 89° 45' 37" E 10.00 feet, along the North boundary line of
said Graham Tract, to a %z" iron rod narked "Brittaln & Crawford ", set;
THENCE S 00° 49' 31" E 209.01 feet, along the new West right -of -way
line of said North Kimball Avenue, to the POINT OF BEGINNING
containing 0.048 acre (2,090 square feet) of land.
•
NOTE; THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR
SQUARE FOOTAGE CALCULATIONS ARE CORRECT.
Page 1
ALLIANT NATIONAL TITLE INS. CO.
SCHEDULE B
File No.: 11 -03174 Policy No.: 724458
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. - - - - - " -- - - -- -- - - recording data data or delete this exccption):
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 2013, 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. Easement for electric lines awarded to BARBARA JO SERAFINI by Judgment entered on July 27,
1989 in Cause No. 67- 96049 -86, styled TEXAS POWER & LIGHT COMPANY vs. BARBARA JO
SERAFINI, a certified copy of which is recorded in Volume 9665, Page 377, Deed Records, Tarrant
County, Texas.
b. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated
effective September 11, 2008, filed for record under Clerk's File No. D209119199, Deed Records of
Tarrant County, Texas. Title to said Lease has not been checked subsequent to the date of
recording of the said Memorandum.
FORM T -1: Owner's Policy of Title Insurance
Schedule B (11- 03174.PFD/11- 03174/73)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
SCHEDULE B
(Continued)
File No.: 11 -03174 Policy No.: 724458
c. Terms, conditions and stipulations contained in Non - Exclusive Utility, Drainage and Wall Easement
Agreement in Settlement Condemnation dated effective as of February 28, 2013, by and between
Gerald C. Graham and Barbara Jo Graham and the City of Southlake, Texas filed for record under
Clerk's File No. D2122985O1, Deed Records of Tarrant County, Texas.
d. Interest in all oil, gas, and other minerals as reserved in deed filed for record under Clerk's File No.
D212298500, Deed Records of Tarrant County, Texas. Title to said mineral interest has not been
checked subsequent to the date of recording of the referenced instrument.
e. Section 14 of the Conditions and Stipulations of this Policy is hereby deleted.
f. Temporary Easement in Settlement of Condemnation (Removal of Structure) from Gerald C.
Graham and Barbara Jo Graham to The City of Southlake, a Texas municipal corporation, and filed
for record with the County Clerk of Tarrant County, Texas, on December 6, 2012, under Clerk's File
No. D212298503, Deed Records of Tarrant County, Texas.
FORM T -1: Owner's Policy of Title Insurance
Schedule B (11- 03174.PFD/11- 03174/77)
Rev. 05 -01 -08 RATTIKIN TITLE COMPANY, FORT WORTH, TEXAS
ALL1ANT "1'' `AT10NAL
T I T L E I N S U R A N (. 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;
(ii) 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 governmental 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 and 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 under state
(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 -TI 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 (i) 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)0)
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
Form 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 -TI Owner's Policy of Title Insurance
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