William W. Hall Survey, Abstract No. 687 (101 E. Highland Street) - ROWCITY OF
SOUTHLAKE
9
Public Works Administration
1400 Main Street I Suite 320 1 Southlake, Texas 76092 1 (P) 817-748-8098 1 (f) 817-748-8077
May 8, 2013
[Certified Mail, Return Receipt Requested
# 7010 0290 0002 2574 6445 and Hand Delivered]
Pastor Ricky Franklin
New Day Church
101 E. Highland Street
Southlake, Texas 76092
Re: FINAL OFFER: 101 E. Highland Street, Southlake, Texas 76092
City of Southlake Road Widening Project
A .0244 acre tract of land for a permanent Right -of -Way and a
Temporary Construction Easement at the WILIAM W. HALL
SURVEY, Abstract no. 687, in the City of Southlake, Tarrant
County, Texas.
Dear Pastor Franklin:
In accordance with the Texas Landowner's Bill of Rights, prescribed by the Texas Legislature in
Texas Government Code section 402.031 and Chapter 21 of the Texas Property Code, the City of
Southlake commissioned Goodrich, Schechter & Associates of Fort Worth, Texas to appraise the
market value of a 1,063 square feet (0.0244 acre) tract of land that the City proposes to acquire
as a permanent Right of Way and 6,632 square feet for temporary construction easements. A
copy of the appraisal was sent to you with the first offer.
The City of Southlake is proposing to widen North White Chapel Boulevard from Emerald
Boulevard to Highland Street to improve traffic flow as a part of the City's Capital Improvement
Program. In order to accomplish this, it is necessary to construct a portion of the proposed
improvements adjacent to your property at 101 East Highland Street. The City of Southlake is
requesting a permanent Right Of Way at this location to allow for the construction of roadway
improvements and City access for future construction or maintenance and repair. The City is
requesting a 10 ft. temporary construction easement for a period of two years.
The City of Southlake is prepared to make you a FINAL OFFER of forty-nine thousand, eight
hundred and twenty dollars ($49,820) as compensation for the proposed Right of Way
Acquisitions, Temporary Construction Easement, and for Trees and Shrubs. This final offer has
increased by the amount of $1,200 for the replacement your memorial tree and by a 10%
increase of the original offer which is $4,420. This increase should cover the costs to replace
your handicap parking being affected by the project. All closing costs will be borne by the
purchaser.
New Day Church
May 8, 2013
Page 2 of 2
The City would prefer to resolve this matter with you by agreement; however, if the offer is not
accepted, or we have not heard from you by May 22, 2013, the City will move forward with
condemnation through the City's power of eminent domain.
We hope you will give this offer serious consideration. If in agreement, please sign the offer
letter and return it to the City of Southlake in the attached envelope. If you have any questions,
or wish to discuss this matter or the City's offer in more detail, please contact Mr. Jerry Hodge of
Hodge & Associates at (817) 991-3161 orjerryh64@verizon.net.
Sincerely,
Steven D. Anderson, P.E.
Civil Engineer
cc: Robert Price, P.E., Director of Public Works
EXECUTED this ?-�D day of 12013
SELLER:
PASTOR RICKY FRANKLIN, NEW DAY CHURCH
By: V� 1
101 E. Highland Street
Southlake, Texas 76092
CITY OF
SOUTHLAZE
Public Works Adminisuarion
1400 Main Street I Suite 320 ! SoudAala , Teas 76092 I (p) 817-749-8098 I (f) 817-748-8077
May 8, 2013
[Certified Mail, Return Receipt Requested
# 7010,0290 0002 2574 6445 and Hand Delivered]
Pastor Ricky Franklin
New Day Church
101 E. Highland Street
Southlake, Texas 76092
Re: FINAL OFFER: 101 E. Highland Street, Soirthlake, Texas 76092
City of Southlake Road Widening Project
A .0244 acre tract of land... for a permanent Right -of -Way and a
Temporary Construction:. Easement at the WILIAM W. HALL
-SURVEY, Abstract: no, 687; in 'the. City of Southlake, Tarrant
County, Texas.
Dear Pastor Franklin:
In accordance with the Texas Landowner's Bill of Rights; prescribed by the Texas •Legislature in
Texas Government Gode:secdon 402.031 and Chapter. 21 of the Texas Property Code, the City of
Southlake commissioned ..Goodrich, Schechter & Associates bf Fort Worth, Texas to appraise the
market value of 'a 1,-063 square -feet: (0.0244 acre) tract of land."that `the City proposes to acquire
as a permanent Right of Way and 6,632 square feet. for temporary construction easements. A
copy of the appraisal was sent to you with the first offer. .
The City of Southlake is proposing to widen Nortli;White. Chapel Boulevard: from Emerald
Boulevard to Highland Street to improve traffic flow as:a part: of the City's Capital Improvement
Program. In order. .to .accomplish this, it is necessaryto .00nstrvct a portion. of the proposed
improvements :adjacent to. your property at 101 East Highland:Street. The City Of Southlake is
requesting a permanent Right Of Way at this location to a11ow for'the construction of roadway
improvements and• Cityaccess ,for fixture construction oL maintenance and. repair. The City is
requesting a 10 ft. temporary:.constiuction easement for a period of two years....
The City of Southlake is prepared to .make you a FINAL OFFER .of_forty-nine thousand, eight
hundred and twenty dollars. ($49,820) As compensation for the.. proposed Right of Way
Acquisitions, Temporary Construction Easement,.and for Trees and Shrubs. This final offer has
increased by the amount of $1,200 for the replacement your memorial tree and by a 10%
increase of the original offer which is $4,420. This increase should cover the costs to replace
your handicap parking being affected by the project. All closing costs will be borne by the
purchaser.
New Day Church
May 8, 2013
Page 2 of 2
The City would prefer to resolve this matter with you by agreement; however, if the offer is not
accepted, or we have not heard from you by May 22, 2013, the City will move forward with
condemnation through the City's power of eminent domain.
We hope you will give this offer serious consideration. If in agreement, please sign the offer
letter and return it to the City of Southlake in the attached envelope. If you have any questions,
or wish to discuss this matter or the City's offer in more detail, please contact Mr. Jerry Hodge of
Hodge & Associates at (817) 991-3161 orjenyh64@verizon.net.
Sincerely,
Steven D. Anderson, P.E.
Civil Engineer
cc: Robert Price, P.E., Director of Public Works
EXECUTED this `� A�FIN day of 013
SELLER:
PASTOR RICKS.' FRANKLIN, NEW DAY CHURCH
By-
101 E. Highland Street
Southlake, Texas 76092
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE
POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW.
COMMITMENT FOR TITLE INSURANCE
Issued by
Stewart
title guaranty company
We, STEWART TITLE GUARANTY COMPANY, will issue our title insurance policy or policies (the Policy) to You (the
proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in
Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date
of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and
applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and
expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue
the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when
this Commitment expires.
In witness whereof, the Company has caused this commitment to be signed and sealed as of the effective date of
commitment as shown in Schedule A, the commitment to become valid and binding only when countersigned by an
authorized signatory.
Countersigned by:
Auth ized Countersignature
Company
Capital Title of Texas, LLC
100 S. Village CeFit .r Drive
city, state Southfake, Texas 76092
Senior Chairman of t 7eBoard
3
Chairman of the Board
CONDITIONS AND STIPULATIONS
1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this
Commitment, that is not shown in Schedule B, you must notify us in writing,. If you do not notify us in writing,
our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do
notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already
incurred.
2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued.
Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements
or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this
commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and
Stipulations, and Exclusions.
All notices required to be given the Company and any statement in writing required to be furnished the Company
shall be addressed to it at P.O. Box 2029, Houston, Texas 77252.
stewart
title guaranty company
COMMITMENT FOR TITLE INSURANCE
Issued By
Stewart Title Guaranty Company
SCHEDULE A
Effective Date: November 24, 2013, 8:00 am GF No. 13-159200-SB
Commitment No. , issued December 10, 2013, 8:00 am
The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount: $49,820.00
PROPOSED INSURED: City of Southlake
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T-lR)
Policy Amount:
PROPOSED INSURED:
(c) LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
The interest in the land covered by this Commitment is: Fee Simple - Tract 1
Record title to the land on the Effective Date appears to be vested in:
Southlake Church of the Assemblies of God, Inc.
4. Legal description of the land:
BEING a 0.0244 acre tract of land situated in the William W. Hall Survey, Abstract No. 687, in the City of Southlake,
Tarrant County, Texas and being a portion of Lot 1R1, Block 1, Southlake Assembly of God Addition, an addition to
the City of Southlake, Texas, according to the plat thereof recorded in Instrument No. D210148766 of the Official
Public Records of Tarrant County, Texas, said Lot 1R1, Block 1 being the remainder of a called 2.07 acre tract
conveyed to First Assembly of God Church, Inc., Southlake, Texas according to the Warranty Deed as recorded in
Volume 4999, Page 57 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) and the remainder of a called
10.011 acre tract conveyed to Southlake Assembly of God according to the Warranty Deed with Vendor's Lien as
recorded in Volume 7597, Page 124, D.R.T.C.T., and being more particularly described by metes and bounds as
follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "Area Surveying" found for the northwest corner of the
aforementioned Lot 1R1, Block 1, said corner being at the
intersection of the south right-of-way line of E. Highland Street (variable width right-of-way) and the east right-of-
way line of N. White Chapel Boulevard;
THENCE S 880 03' 25" E (plat-S 88' 02' 48" E), with the most westerly north line of said Lot 1R1, Block 1 and said
south right-of-way line of E. Highland Street, 59.30 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO
100189-00" set for corner at the beginning of a non -tangent curve to the left having a central angle of 351 10' 29", a
FORM T-7: Commitment for Title Insurance Page I
Continuation of Schedule A
GF No. 13-159200-SB
radius
of 122.00 feet, a tangent length of 38.67 feet, and a chord which bears S 53' 59' 28" W, 73.73 feet;
THENCE, departing the most westerly north line of said Lot 1R1, Block 1 and said south right-of-way line of E.
Highland Street and with said non -tangent curve to the
left, an arc distance of 74.90 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189-00" set for corner
in the west line of said Lot 1R1, Block 1 and the
aforementioned east right-of-way line of N. White Chapel Boulevard, from whence a 1/2" iron rod found for the
southwest corner of said Lot 1R1, Block 1 bears
S 00' 28' 20" W (plat-N 00128' 47" E), 238.25 feet and S 000 37' 41" E (plat-N 00137' 14" W), 434.27 feet;
THENCE N 000 28' 20" E (plat-N 000 28' 47" E), with the west line of said Lot 1R1, Block 1 and said east right-of-
way line of N. White Chapel Boulevard, 45.36 feet to the POINT
OF BEGINNING and containing 0.0244 acres or 1,063 square feet of land, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in
the legal description contained in Schedule "A" as to area or quantity of land is not a representation that such area or
quantity is correct, but is made only for informal identification purposes and does not override Item 2 of Schedule
"B" hereof.
FORDO T-7: Commitment for Title Insurance Page 2
COMMITMENT FOR TITLE INSURANCE
Issued By
Stewart Title Guaranty Company
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses
resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this
exception):
Item No. 1, Schedule B, has been deleted in its entirety.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping
of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner's Policy
only.)
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 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 rights of access to that area or
easement along and across that area.
(Applies to the Owner's Policy only.)
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. (If Texas Short Form Residential Loan Policy
(T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the
year and subsequent years.")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien
document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder
on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan
Policy (T-2) only.)
FORM T-7: Commitment for Title Insurance Page 3
Continuation of Schedule B GF No. 13-159200-SB
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy (T-
2R). (Applies to Texas Short Form Residential Loan Policy (T-2R) only. Separate exceptions 1 through 8 of this Schedule B
do not apply to the Texas Short Form Residential Loan Policy (T-2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or
delete this exception.):
a. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all
rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule
B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed.
b. All visible and apparent easements or uses and all underground easements or uses, the existence of which may
arise by unrecorded grant or by use.
C. Rights of parties in possession.
d. Rights of tenants, as tenants only, under unrecorded leases or rental agreements.
e. Rights of the public, the State of Texas and the municipality in and to that portion of subject property, if any,
lying within the boundaries of any roadway, public or private.
f. Airport Zoning Ordinance No. 71-100 for -Fort Worth International Airport recorded in 7349/1106, Real
Property Records, Tarrant County, Texas.
g. Easement created in instrument executed by A.T. Hodges to Texas Poer and Light Company, dated November
25, 1958, filed December 24, 1958, recorded in Volume 3276, Page 527, Real Property Records, Tarrant
County, Texas.
h. Easement created in instrument executed by First Assembly of God Church, Inc. to City of Southlake, dated
December 12, 1985, filed December 23, 1985, recorded in Volume 8405, Page 1448, Real Property Records,
Tarrant County, Texas.
i. Easement created in instrument executed by Southlake Assembly of God to City of Southlake, dated December
12, 1985, filed December 20, 1985, recorded in Volume 8405, Page 1451, Real Property Records, Tarrant
County, Texas.
j. Oil, Gas and Mineral Lease executed by Southlake Church of the Assemblies of God f/k/a Southlake Assembly
of God f/k/a First Assembly of God, Inc., Southlake Texas, a corporation to XTO Energy Inc., dated September
5, 2008, filed October 6, 2008, recorded in CC#D208381792, Real Property Records, Tarrant County, Texas.
The Company makes no representation as to the present ownership of this interest.
FORM T-7: Commitment for Title Insurance Page 4
COMMITMENT FOR TITLE INSURANCE
Issued By
Stewart Title Guaranty Company
SCHEDULE C
Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as
Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued:
Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record.
Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule
A,
b. all standby fees, taxes, assessments and charges against the property have been paid,
C. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens
have attached to the property,
d. there is legal right of access to and from the land,
e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the
insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date
of this Commitment.
5. Appears to be clear of liens. Company requires lien affidavit.
6. Company is to be furnished a properly executed resolution from Southlake Church Assembly of God in recordable
form. The resolution is to be pursuant to a duly called congregational meeting and is to specifically authorize the
proposed transaction. The resolution is to name specific elders, deacons, trustees, or other authorized persons, to
execute the necessary instruments, as required by articles, by-laws, doctrines, manuals or other rules which govern the
operation of the church. A copy of the governing document(s) is to be furnished for examination and possible additional
requirements.
7. The following note is for informational purposes only: The following deed(s) affecting said land were recorded within
the last 24 months of the date of the commitment: None
NOTICE: The title insurance policy being issued to you contains an arbitration provision. It allows you or the company to
require arbitration if the amount of insurance is $2,000,000.00, or less. If you want to retain your right to sue the Company m
case of a dispute over a claim, you must request deletion of the arbitration provision BEFORE the policy is issued. If you are
the purchaser in the transaction and elect deletion of the arbitration provision, a form will be presented to you at closing for
execution. If you are the lender in the transaction and desire deletion of the Arbitration provision, please inform us through
your Loan Closing Instructions. (APPLIES TO T-1 AND T-2 POLICIES ONLY)
Countersigned
FORM T-7: Commitment for Title Insurance Page 5
Continuation of Schedule C GF No. 13-159200-SB
Capital Title of Texas, LLC - Southlake Boulevard
Authorized Signatory
FORM T-7: Commitment for Title Insurance Page 6
COMMITMENT FOR TITLE INSURANCE
SCHEDULED
GF No. 13-159200-SB Effective Date: November 24, 2013, 8:00 am
Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of
Texas, the following disclosures are made:
1. The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment
Stewart Title Guaranty Company
Shareholders owning, controlling or holding, either personally or beneficially, 10% or more of the shares of Stewart Title
Guaranty Company as of the last day of the year preceding the date herein above set forth are as follows:
Stewart Information Services Corporation - 100%
The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date
hereinabove set forth are as follows: Bruce Belin, Malcolm Morris, Charles F. Howard, Michael B. Skalka, Matthew Morris,
Stewart Moms, Stewart Morris Jr.
The ten designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set
forth are as follows: Stewart Moms, Jr., Senior Chairman of the Board & Assistant Secretary, Malcolm Morris, Chairman of the
Board, Chief Executive Officer & Assistant Secretary, Michael B. Skalka, President and Director of Global Underwriting
Services, Matthew Morris, Senior Executive Vice President, J. Allen Berryman, Executive Vice President, Chief Financial
Officer and Assistant Secretary -Treasurer, George Houghton, Executive Vice President -Agency Services, John L. Killea,
Executive Vice President -General Counsel, Paul Sands, Executive Vice President -National Title Services Director, Mark
Winter, Executive Vice President -Public Policy, Richard Black, Senior Vice President -Underwriting Counsel.
The issuing Title Insurance Agent, Capital Title of Texas, LLC, is a limited liability corporation whose shareholders owning or
controlling one (1%) percent of said corporation, directors, and officers are listed below:
Shareholders:
Title Acquisition Associates LLC - 95%
Shaddock American Title - 5%
Directors:
William C. Shaddock
Officers:
William C. Shaddock, President and CEO; Laura Dawn Neill, Vice President- Agency; Tracy Robirds-McMahon, Vice
President- Operations; Jason Schnell, Vice President- Chief Information Officer; Tracy Monts -Curtis, Vice President -
Residential Business Development; Russell Conner, Vice President- Plant Manager and Chief Compliance Officer; Patrick
McMillan, Vice President- Chief Financial Officer.
You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or
settlement statement.
You are further advised that the estimated title premium' is:
Owner's Policy
Loan Policy
Endorsement Charges
Other
Total
$522.00
$0.00
$0.00
$0.00
$522.00
FORM T-7: Commitment for Title Insurance Page 7
Continuation of Schedule D
GF No. 13-159200-SB
Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 85% will be retained by the issuing Title
Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows:
Amount To Whom
For Services
" 'The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of Insurance."
FORM T-7: Commitment for Title Insurance Page 8
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from certain risks El seguro de titulo le asegura en relaci6n a perdidas resultantes de
to your title. I ciertos riesgos que pueden afectar el titulo de su propriedad.
The commitment for Title Insurance is the title insurance company's
promise to issue the title insurance policy. The commitment is a
legal document. You should review it carefully to completely
understand it before your closing date.
El Compromiso para Seguro de Titulo es la promesa de la compania
aseguradora de titulos de emitir la p6liza de seguro de titulo. El
Compromiso es un documento legal. Usted debe leerlo
cuidadosamente y endenterlo complemente antes de la fecha para
finalizar su transacci6n.
Your Commitment of Title insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title.
It is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance
Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that
determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some
of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions.
These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to
determine the ownership of any mineral interest.
---MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title
unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain
risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be
available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights,
neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met.
Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may
want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and
your use of the land.
When your policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below.
---EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown
on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions
section of the Commitment. When the policy is issued, all Exceptions will be on Schedule B of the Policy.
---EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or
discussed in the Commitment.
---CONDITIONS are additional provisions that qualify or limit you coverage. Conditions include your responsibilities and
those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are
not the same as the Commitment Conditions.
You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at
(800) 729-1900 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the
policy form from time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439.
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
---Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must
furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for
the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure
you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of
improvements. The Company may then decide not to insure against specific boundary or survey problems by making special
exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether
you want to purchase and review a survey if a survey is not being provided to you.
---Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the
title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons,
such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you
want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your
Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to
increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement.
FORM T-7: Commitment for Title Insurance Page 9
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle
a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to
take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration
process. In addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before
the closing of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy.
All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity).
All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall
be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court of competent jurisdiction."
SIGNATURE
DATE
FORM T-7: Commitment for Title Insurance Page 10
Stewart Title Guaranty Company
Premium Amount
Rate Rules
Property
County
Liability at
Type
Code
Reissue Rate
1
2
3
4
5
6
7
8
$522.00
1000
2
439
WHAT DOES Stewart Title Companies DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law
regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
This privacy notice is distributed on behalf of Stewart Title Guaranty Company,
understand how we use your personal information
pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as Stewart Title Companies need to share customers' personal information to run their everyday
business to process transactions and maintain customer accounm in the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
For our everyday business purposes— to process your transactions and maintain
your account. This may include running the business and managing customer
accounts, such as processing transactions, mailing, and auditing services, and
Yes
No
responding to court orders and legal investigations.
For our marketing purposes— to offer our products and services to you
Yes
No
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and nonfinancial companies.
Yes
No
For our affiliates' everyday business purposes— information about your
No
We don't share
creditworthiness.
For our affiliates to market to you
Yes
No
For nonaffiliates to market to you. Nonaffiliates are companies not related by
common ownership or control. They can be financial and nonfinancial companies.
No
We don't share
_..'-A t,., t— Tfvrn,
rPnnPct a transaction with a
We may disclose your personal information to our amuatcs vi Lu ... r--------__ -, __ . -
___ ,: ,,,,,a, . t},;rri narty inwT-Ance company. we will disclose your personal information to that nonaffiliate.
tijqy
ty company
IMPORTANT INFORMATION
FOR INFORMATION, OR
TO MAKE A COMPLAINT
CALL OUR TOLL -FREE TELE-
PHONE NUMBER
1-800-729-1902
ALSO
YOU MAY CONTACT
THE TEXAS DEPARTMENT
OF INSURANCE AT
1-800-252-3439
to obtain information on:
1. filing a complaint against an insurance
company or agent,
2. whether an insurance company or agent
is licensed,
3. complaints received against an insurance
company or agent.
4. policyholder rights, and
5. a list of consumer publications and
services available through the
Department.
YOU MAY ALSO WRITE TO
THE TEXAS DEPARTMENT OF
INSURANCE
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. (512) 475-1771
AVISO IMPORTANTE
PARA INFORMACION, O
PARA SOMETER UNA QUEJA
LLAME AL NUMERO GRATIS
1-800-729-1902
TAMBIEN
PUEDE COMUNICARSE CON
EL DEPARTAMENTO DE SEGUROS
DE TEXAS AL
1-800-252-3439
para obtener informacion sobre:
1. como someter una queja en contra de
una compania de seguros o agente de
seguros,
2. si una compania de seguros o agente de
seguros tiene licencia,
3. quejas recibidas en contra de una
compania de seguros o agente de
seguros,
4. los derechos del asegurado, y
5. una lista de publicaciones y servicios
para consumidores disponibles a traves
del Departamento.
TAMBIEN PUEDE ESCRIBIR AL
DEPARTAMENTO DE SEGUROS DE
TEXAS
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. (512) 475-1771
r t
qy
title tYcompany
TEXAS TITLE INSURANCE (INFORMATION
Title insurance insures you against loss resulting Ei seguro de titulo le asegura en relacion a perdidas
from certain risks to your title. resultantes de ciertos riesgos que pueden afectar el
titulo de su propiedad.
The commitment for Title Insurance is the title
insurance company's promise to issue the title
insurance policy. The commitment is a legal
document. You should review it carefully to
completely understand it before your closing date.
El Compromiso para Seguro de Titulo es la promesa
de la compania aseguradora de titulos de emitir la
poliza de seguro de titulo. El Compromiso es un
documento legal. Usted debe leerlo
cuidadosamente y entenderlo completamente antes
de la fecha para finalizar su transaccion.
Your commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a
contract to issue you a policy subject to the Commitment's terms and requirements_
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the title insurance Company (the
Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the
Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule
B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the
Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest.
MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an
exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals,
and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. If the title
insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional
endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met Schedule C of
the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any
matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land.
When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below.
- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on
Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of
the Commitment When the Policy is issued, all Exceptions will be on Schedule B of the Policy.
- EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed
in the Commitment
- CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the
Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as
the Commitment Conditions.
You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at 1-800-729-
1902 or by calling the title insurance agent that issued the Commitment The Texas Department of Insurance may revise the policy form from
time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-B00-252-3439.
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
- Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish -a
survey and comply with other requirements of the Company. On the Owner Policy, you must pay an additional premium for the
amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you
against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The
Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy.
Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and
review a survey if a survey is not being provided to you.
- Allow the Company to add an exception to "rights of parties in possession". if you refuse this exception, the Company or the title
insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such
as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to
make your own inspection, you must sign a Waiver of Inspection form and 211ow the Company to add this exception to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to
increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement.
FORM: Commitment for Title Insurance
United Tax Services, Inc.
MUnited 2400 Dallas Parkway, Suite 560, Plano, TX 75093
TAX SERVWM, rNC. Phone: 972-682-2716 Fax: 866-553-1073
Tax Certificate
Property Information
File#: 13-159200-SB Br SB
Legal Description: Southlake Assembly of God Addn Blk 1 Lot I I
Total Acreage: 6.8900 # of Parcel(s): 1 # of Jurisdiction(s): 3
Situs Address: 101 E Highland Street, Southlake TX 76092
Mailing Address: PO Box 93683, Southlake TX 76092
Assessed Owner(s): Southlake Ch Assembly of God
Jurisdiction
Tarrant County
Southlake
Carroll ISD
Exemptions
Religious
Religious
Religious
Total
Grand Total
Payable to Tarrant County Tax Collector
Mail to: PO Box 961018, Fort Worth, TX 76161
CAD # Parcel#
39608GllR1 41515129
Payable to Tarrant County Tax Collector
Mail to: PO Box 961018 , Fort Worth, TX 76161
CAD # Parcel#
39608GllR1 41515129
Payable to Tarrant County Tax Collector
Mail to: PO Box 961018, Fort Worth, TX 76161
CAD # Parcel#
39608G H R 1 41515129
Tax Summary -
TaxYr
Base Tax
Penalty
2013
$0.00
$0.00
2013
$0.00
$0.00
2013
$0.00
$0.00
2013
$0.00
$0.00
2013 Assessed Value
Land: $1,050,449
Improvements $360,322
Total: $1,410,771
Due Now
Due
Due
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
All $0.00 $0.00 $0.00
Payment Information for Tarrant County
Phone: (817) 884-1100
Acreage TaxYr Tax Rate Base Tax
6.8900 2013 $0.6413970 $0.00
Payment Information for Southlake
Phone: (817) 884-1100
Acreage TaxYr Tax Rate Base Tax
6.8900 2013 $0.4620000 $0.00
Payment Information for Carroll ISD
Phone: (817) 884-1100
TaxYr Tax Rate
2013 $1.4000000
- Notes
Date Subject Note
10/30/2013 PROPERTY TAXES (mmarsh, 10/30/2013 12:26:57 PM)
This property owner was totally exempt from paying property taxes for the 2013 tax year.
$0.00 $0.00
Next Due Date: 1/31/2014
Total Pd Penalty W/O Exempt
$0.00 $0.00 $9,048.64
Next Due Date: 1/31/2014
Total Pd Penalty W/O Exempt
$0.00 $0.00 $6,517.76
Next Due Date: 1/31/2014
Acreage
6.8900
Base Tax Total Pd Penalty W/O Exempt
$0.00 $0.00 $0.00 $19,750.79
Order Information
Request Date: 3/26/2013 Request By: Armando Mendo Update Request:
Date Completed: Update Completed: 10/31 /2013
Billing and Fee Summary
Charge Description Quantity
Tax Cert Fee 1
Total Charges 1
Mail payment to - United Tax Services, Inc., 2400 Dallas Parkway, Suite 560 1 Plano, TX 75093
Rate
$59.80
Request By:
Total Amount
$59.80
$59.80
287513 Page 1 of 1 Thursday, October 31, 2013
PURCHASER'S STATEMENT
Date: December 6, 2013 GMo: 1X159200-SB
Sale From: Southlake Church of the Assemblies of God, Inc. To: City of Southlake
101 E Highland Street 1400 Main Street, Suite 320
Southlake, TX 76092 Southlake, TX 76092
Property: See Exhibit "A" for Parcel 22 Right of Way and Parcel 22-SE Slope Easement in file scan
101 E Highland St
Southlake, TX 76092
Purchase Price--_-__ --------- ----------- $49,820.00
Plus: Charges
Record ROW to Capital Title of Texas----------------------------- - - --- -- ----
--- - ------ - — ----- ---- - .$32.00
E- Recording Fee to United eRecording ------------
----- .$9-00
Fees to Capital Title of Texas __._________.__._----------- __ __ ___ _. .
Escrow to Capital Title of Texas—___—....._ ........-_-- __ —_-__
-- - ---------------
----------------$750.00
------------------ -- --
Tax Certificate to United Tax Service, Inc.-----.-----.--.._-- _ _ -- -- -- __--
- - - - - - ------------------------------------------------------------------
-.------_._--____$59.80
Title Insurance to Capital Title of Texas - — -- --- - -- -- -- ---- -------------
---- _----- ------------------
Single Issue to Capital Title of Texas ---------------- -..--.-----------------.---------------------------------
--------- _____-_$522.00
Guaranty Fee to Texas Title Insurance Guaranty Association-___..----
-------------- ------ ----------$2.00
Less: Credits
Total
Gross Amount Due By Purchaser.
,374.80
,194.80
Total Credits--- ------------ -- — - - -- ----- ------------- ---------------- ------50.00
Balance Due by Purchaser---- -- —------- -- ------------------- 51 194.80
Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources
and cannot guarantee the accuracy thereof The lender involved may be furnished a copy of this statement
Purchaser understands that tax and insurance proration and reserves were based on figures for the preceding year or supplied by others or estimates for the current
year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct
The undersigned hereby authorizes Capital Title of Texas, LLC - Southlake Boulevardto make expenditure and disbursements as shown above and approves same for
payment The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement
Capital Title of Texas, LLC - Southlake Boulevard
The City of Southlake
By
Gayl iebelstein By:
Name: "So4.r� C. Tu
Title:
Printed at 12/02/2013 (11:25 am) Compliments of Capital Title of Texas, LLC - Southlake
Boulevard
Page 1 of 6
Electronically Recorded Tarrant County
Official Public Records 12/10/201312:33 PM D213310964
Capital Tim PGS 5 $32.00
NOTICE OF CO Wj&u& IF YOU ARE WV A NA �NERS MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFO M THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER, OR YOUR DRIVER'S LICENSE NUMBER-
C= OF SOUTHLAXE
GRANT OF PERMANENT RIGHT-OF-WAY
THE STATE OF TEXAS )
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT )
That Soathlake Church of the Assemblies of God, Inc. , acting by and through the i
undersigned, its duly authgrized representative, of the County of Tarrant, State of Texas
(Grantor) for and in consideration of ONE DOLLARS and other good and valuable _
consideration, paid by the CITY OF SOUIHLAKE, a municipal corporation of Tarrant County,
Texas (Grantee), receipt of which is hereby admowledged, does herebygrant,bargain,
sell and
convey to said Grantee, its successors and assigns, a permanent right-of-way and the right to
construct, reconstruct and perpetually maintain a public street and/or drainage facilities and
utilities, together with. all necessary appurtenances thereto, and with the right and privilege at any
and all times, to enter said premises, or any part thereof, as is necessary for the proper use of any
other right granted herein and for the purpose of constructing, reconstructing, replacing and
maintaining said public street and/or drainage facilities and utilities, and for making connections
therewith, in, upon, under and across the following described parcel of land in Tarrant County,
Texas (the "Property's being described as follows:
Exhibit "N' attached hereto and made a part hereof
TO HAVE AND TO HOLD that said conveyed Property unto the Grantee, for the purposes
herein set forth, and Grantor hereby binds itself; its successors and assigns, to warrant and
forever defend the said conveyed property and rights granted herein unto Grantee, its successors and assigns against every person whosoever lawfully claiming or to claim the same or any part
thereof by, through or under GRANTOR, but not otherwise-
WTINESS MY HAND, this thc�' day of 2013.
Br -
Name:
Tile: (. �ct�Ntr iY1n�u^
Capital Tit!(
G F# 13- MjM- s-6
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMAITON FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER, OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF SOUTHLAKE
GRANT OF PERMANENT RIGHT-OF-WAY
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
That Southlake Church of the Assemblies of God, Inc. , acting by and through the
undersigned, its duly authorized representative, of the County of Tarrant, State of Texas
(Grantor) for and in consideration of ONE DOLLARS and other good and valuable
consideration, paid by the CITY OF SOUTHLAKE, a municipal corporation of Tarrant County,
Texas (Grantee), receipt of which is hereby acknowledged, does hereby grant, bargain, sell and
convey to said Grantee, its successors and assigns, a permanent right-of-way and the right to
construct, reconstruct and perpetually maintain a public street and/or drainage facilities and
utilities, together with all necessary appurtenances thereto, and with the right and privilege at any
and all times, to enter said premises, or any part thereof, as is necessary for the proper use of any
other right granted herein and for the purpose of constructing, reconstructing, replacing and
maintaining said public street and/or drainage facilities and utilities, and for making connections
therewith, in, upon, under and across the following described parcel of land in Tarrant County,
Texas (the "Property") being described as follows :
Exhibit "A", attached hereto and made a part hereof
TO HAVE AND TO HOLD that said conveyed Property unto the Grantee, for the purposes
herein set forth, and Grantor hereby binds itself, its successors and assigns, to warrant and
forever defend the said conveyed property and rights granted herein unto Grantee, its successors
and assigns against every person whosoever lawfully claiming or to claim the same or any part
thereof, by, through or under GRANTOR, but not otherwise.
WITNESS MY HAND, this thd5y---'day of VLC. , 2013.
By: f DTA
Name: Ic-t�G�•w► 1�•-��✓�
Title: _tom f ��jr1+,cN �o✓�
STATE OF TEXAS
COUNTY OF TARRANT
Before me, THE UNDE SIGNEDnAORITY, IN AND FOR THE State of Texas, on this
day personally appeare /✓• 1(�t�1 , known to me to be the person whose name is
subscribed to the foregoing ins ent and acknowledged to me that he/she executed the same
for the purposes and considerations therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the t5 Aay of ,
2013.
NOTARY SEAL
SAYLE GIESELSI'LA
tiota5r �i1p111G
'itrie 4
°dos + my comn-1. Expil u=
y Public, State of Texas
Notary's Name (Printed)
Notary's Commission Expires
AFTER EXECUTION BY OWNER, PLEASE
RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
C/o Public Works Department
1400 Main Street, Suite 320
Southlake, TX 76092
Phone: 817-748-8098
Fax: 817-748-8077
EXHIBI T "A"
RIGHT-OF-WAY ACQUISIn0N
0. 02," ACR1, 063 SQ. FT. PARCEL
A POR77OV OF LOT 1R1, BLOCK 1, SOU7HLAKE ASSEMBLY OF GOD ADDITION
IOLLIAM W. HALL SURVEY, ABSTRACT NO. 687
aTY OF SOUTHLAK& TARRANT COUNTY, TEXAS
DESCRIPTION
BEING a 0.0244 acre tract of land situated in the William
W. Hall Survey, Abstract No. 687, in the City of Southlake,
Tarrant County, Texas and being a portion of Lot iR1, Block
1, Southlake Assembly of God Addition, on addition to the
City of Southlake, Texas, according to the plat thereof
recorded in Instrument No. D210148766 of the Official
Public Records of Tarrant County, Texas, said Lot 1R1,
Block 1 being the remainder of a tolled 2.07 acre tract
conveyed to First Assembly of God Church, Inc.. Southlake,
Texas according to the Warranty Deed as recorded in Volume
4999, Page 57 of the Deed Records of Tarrant County, Texas
(D.R.T.C.T.) and the remainder of a called 10.011 acre
tract conveyed to Southlake Assembly of God according to
the Warranty Deed with Vendor's Lien as recorded in Volume
7597, Page 124, D.R.T.C.T., and being more particularly
described by metes and bounds as follows;
BEGINNING at a 1/2" iron rod with plastic cap stamped "Area
Surveying" found for the northwest corner of the
aforementioned Lot 1R1, Block 1, said corner being at the
intersection of the south right—of—way line of E. Highland
Street (variable width right—of—way) and the east right—of—
way line of N. White Chapel Boulevard;
THENCE S 88'03'25" E (plat—S 88'02'48" E), with the most
westerly north line of said Lot 1R1, Block 1 and said south
right—of—way line of E. Highland Street, 59,30 feet to a
1/2" iron rod with plastic cap stomped "TX REG NO 100189-
00" set for corner at the beginning of a non —tangent curve
to the left having a central ongle of 35'10'29", a radius
of 122.00 feet, a tangent length of 38.67 feet, and a chord
which bears S 53'59'28" W, 73.73 feet;
THENCE, departing the most westerly north line of said Lot.
1Ri, Block 1 and sold south right—of—way line of E.
Highland Street and with said non —tangent curve to the
left, an arc distance of 74.90 feet to a 1/2" iron rod with
plastic cop stamped "TX REG NO 100189-00" set for corner in
the west line of said Lot 1R1, Block 1 and the
aforementioned east right—of—way line of N. White Chapel
Boulevard, from whence a 1/2" iron rod found for the
southwest corner of said Lot 1R1, Block 1 bears
S 00'28'20" W (plat—N 00'28'47" E), 238.25 feet and
S 00'37'41" E (plot—N 00'37'14" W), 434.27 feet;
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
TBPE FIRM REG. NO. F-356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189-00 OCTOBER 17, 2012
Two Park Lane Place / 8080 Pork Lane / Suite 600 08-10-076.B
Dallas, Texas 75231 / Ph. (214) 739-4741 8076—P22.dwg
EXHIBIT "A'
RIGHT-OF-WAY ACQUISI HaV
a O244 ACRES1, 063 SQ. FT. PARCEL
A PORTION OF LOT 1R1, BLOCK1, SOUTHLAKE ASSFUSLY OF GOD ADD17701V
MLLIAM W. HALL SURVEY, ABSTRACT NO. 687
CITY OF SOUTHLAIIZ TARRANT COUNTY, TEXAS
THENCE N 00'28'20" E (plat—N 00'28'47" E), with the west
line of said Lot iR1, Block 1 and said east right—of—way
line of N. White Chapel Boulevard, 45,36 feet to the POINT
OF BEGINNING and containing 0.0244 acres or 1,063 square
feet of land, more or less.
F T N D. MAlER CONSULTING ENGINEERS, I
4.'WMe6lt.n, R.P.L.S. No. 4268
Registered Professional Land Surveyor
NOTES:
Bearings for this survey are based on the Western Data
Systems Texas Cooperative Network and ore referenced to
NAD83 State Plane Coordinate System, Texas North Central
Zone 4202. Stations DMLN—g and DML2-90811 were utilized as
base stations during GPS data collection sessions.
This survey was performed without the benefit of a title
commitment and may be subject to liens, encumbrances,
easements, rights —of —way, restrictions, covenants,
reservations or other conditions of record which the
undersigned has not been advised of or is aware of. No
additional research for easements was performed by Nathan
D. Maier Consulting Engineers, Inc. in the preparation of
this survey.
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 2 OF 3
TBPE FIRM REG. NO_ F-356 REVISED; JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189-00 OCTOBER 17, 2012
Two Pork Lone Place / 8080 Park Lone / Suite 600 08-10-076 B
Dallas, Texas 75231 / Ph. (214) 739-4741 8076—P22.dwg
EXHIBIT 'A'
RIGHT-CF WA Y ACQUISI77aV
a O2," ACRES1, 063 SO. FT. PARCEL
A POR77ON OF LOT 1R1, BLOCK1, SOUTHLAKE ASSEMBLY OF GOD AD017701V
VELLIAM W. HALL SURVEY, ABSTRACT NO. 667
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
I
CITY OF SOUTHLAKE
WST Na D199076920 I
I CALLED 1.0 ACRES
SCALE: 1 "=100'
1
aO244 ACRES•
(1,063 SQ. i FT.)
POINT OF BEGINNING
W W W/AREA 5LW157M CAP
IFA 2' AUM. MONT. STAWW
ASSOCUIES 8/7-B10-Q539
W. HIGHLAND STREET
(VARIABLE WDTH R.O.W.)
(PLAT-N 0078'4Y E)
N 00'28'20' E
4536'
JAMES CUFFOILD NOW JR
INST. Na D1972122JO
D.R. LC T.
(LAST WU AND TESTAMENT
OF JAMES CUFFORD HOOD)
A
3
4a
KYLE BUSK!
INST NO. D2070594J6
4
O.P.R. T.C. T.
CALLED a26 ACRES
MICHAEL A. SW IH AND
NATASHA C. WIN
WST. NO. D271292834
O.P.R. LC T
Z
CALLED 1,38 ACRES
1/Z' MF
BARSARA ANN PATY
(FORMERLY BAR84RA ANN HARTZ)
VOL. 7632, PG. 2174
DR.T.C.T
CALLED 1065 ACRES
W/PATE &1W RPLS CAP
5A- IRF
A Y L ASSOC CAP
'W IRF
RPLS 5647 CAP
(PLAT-5 86i7T'49" E)
86*03'25' E
59.30'
�WItAP
�3570'29'
AP R-12200'
T-38.67'
L=74.90'
LOT 6 BLOCK A-80
PECK ADDITION
KX' 388-137, PC 61
P.R.TC.T,
712' AF
E. HIGHLAND STREET
(VARIABLE WD TH R.0. W)
CB=S 5315928"
W
H. W, COOK AND ► V E.
N^a
CL=73.73
"i/0"AND
J7M. K
� PCI 211iw
.E
KX. 5521, PG 621
D.R. T C T.
N
D.R. T. C. T
R£MAR/DER OF TRACT 2
3 0
4i
I
N?
�
oa
�
7A
n
FIRST ASSEMBL Y OF GOD CHL7RCH,'
INC SOUTNLAKr~ TEXAS
vm. 4999. PG 57
OR T.C. T,
1
REMAINDER OF CALLED
L '-77.5'
207 ACRE TRACT
UTILITY ESMT.
AND
SOUTHLAKE ASSEMBLY OF GOD
KX. 7597, PG. 124
O.R. T.0 T.
REMAtl11DFR OF CALLED
?OOT1 ACRE TRACT
^3
LOT IRI, BLOCK I
SOUTHLAKE
ASSEM& Y OF
GOD AODITIOM
7 W
MIST, NO. D210148766
o
O.P.R, TC T.
n
04
75' UTILITY ESMT.
VC1L. 3.R TC, PG 39'
PIR_—
P. T C. T.
ABBREVIA77ON LEGEND
D.R. T.C. T.
DEED RECORDS OF TARRANT
COIWTY, TEXAS
O.P.R.T.CT.
OFFICIAL PUBLIC RECORDS OF
TARRANT C"rr TEXAS
P.R.T.CT
PLAT RECORDS OF TARRANT
COUNTY, TEXAS
CAB., SLIDE
CABWET, SLID£
WST. NO.
YVSTRUmw NUMBER
VOL., PC.
KXLW. PAGE
C.L.
CENIEPdM
EwT.
EASEMENT
R.aW
RIGHT-OF-WAY
S0. FT,
SOVARE FEET
IRF
IRON ROD FOUND
IPF
IRON PIPE FOUND
RS W/CAP
IRON ROD SET WIN PLAST7C
CAP STAMPED 'TX REG NO
100189-00'
NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TBPE FIRM REG. NO. F-356
TBPLS FIRM REG. NO. 100189-00
Two Park Lane Place / 8080 Park Lane / Suite 600
Dallas, Texas 75231 / Ph. (214) 739-4741
PAGE 3 OF 3
REVISED: JANUARY 7, 2013
OCTOBER 17, 2012
08-10-076.8
8076—P22.dwg
TEMPORARY CONSTRUCTION EASEMENT
I (we), Southlake Church of the Assemblies of God, Inc (`GRANTOR'(S)), of Tarrant
County, Texas, as the owner of that certain tract of land in TARRANT County, Texas depicted by
metes and bounds description in Exhibit "A", attached hereto and incorporated herein for all
purposes of the dedication, and as more particularly described by drawing as set forth in Exhibit
"B", attached hereto and incorporated herein for all purposes of this dedication, do hereby grant a
TEMPORARY CONSTRUCTION EASEMENT upon the same to the City of Southlake, Tarrant
County, Texas (` GRANTEE')for the purposes of constructing necessary roadway facilities.
GRANTOR covenants and agrees that the GRANTEE 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 come in contact with, or damage existing buildings or other permanent lot
improvements. It is further understood that the Contractor shall be required by the GRANTEE 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 Two Years from construction
start with right to renewal thereafter.
Perint and access granted this, the day of Cex-1 _, 2013.
By:
Name-
Title:
ACKNOWLEDGEMENT
THE STATE OF �1
COUNTY OF
BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared
— VA3 known to me or proved to me through
r kygcs U L (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 ay of r+ , 2013.
NOTARY SEAL
sr i oJ. i,
1y Co , n . Expire -13 16
No lic, State of Tetras
Notary's Name (Printed)
Notary's Commission Expires
AFTER EXECUTION BY OWNER,
PLEASE RETURN ORIGINAL TO:
CITY OF SOUTHLAKE
C/o Public Works Department
1400 Main Street, Suite 320
Southlake, TX 76092
Phone: 817-748-8098
Fax: 817-748-8077
g�A4 rU�( GAYLE GIEBELSTEIN
Notary Public
Sta'to of Texas
"'FUF MY Comm. Expires (14-13-2ti16
EXHIBIT "A'
TEWPORARY CONS7RUC1701V EASEMENT
a0212 ACRES/923 SO. FE PARCEL
A POR77ON OF LOT 1R1, BLOCK 1, SOUMLAKE ASSEWBLY OF GOO ADD17ION
FMLL/AM W. HALL SURVEY, ABSTRACT NO. 687
CITY` OF 3QU7NLAKE, TARRANT COUNTY, TEXAS
DESCRIPTION
BEING a 0.0212 acre tract of land situated in the William
W. Hall Survey, Abstract No. 687, in the City of Southlake,
Tarrant County, Texas and being a portion of Lot 1R1, Block
1, Southlake Assembly of God Addition, an addition to the
City of Southlake, Texas, according to the plat thereof
recorded in Instrument No. D210148766 of the Official
Public Records of Tarrant County, Texas, said Lot 1R1,
Block 1 being the remainder of a called 2.07 acre tract
conveyed to First Assembly of God Church, Inc., Southlake,
Texas according to the Warranty Deed as recorded in Volume
4999, Page 57 of the Deed Records of Tarrant County, Texas
(D.R.T.C.T.) and the remainder of a called 10.011 acre
tract conveyed to Southlake Assembly of God according to
the Warranty Deed with Vendor's Lien as recorded in Volume
7597, Page 124, D.R.T.C.T., and being more particularly
described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod with plastic cap stamped
"Area Surveying" found for the northwest corner of the
aforementioned Lot 1R1, Block 1, said corner being at the
intersection of the south right—of—woy line of E. Highland
Street (variable width right—of—way) and the east right—of—
way line of N. White Chapel Boulevard (variable width right—
of—way);
THENCE S 88'03'25" E (plat—S 88'02'48" E), with the most
westerly north line of said Lot 1R1, Block 1 and said south
right—of—woy line of E. Highland Street, 59.30 feet to a
1/2" iron rod with plastic cap stomped "TX REG NO 100189-
00" set for corner at the POINT OF BEGINNING;
THENCE S 88'03'25" E (plat—S 88'02'48" E), continuing with
the most westerly north line of said Lot 1131, Block 1 and
said south right—of—woy line of E. Highland Street, 27.93
feet;
THENCE S 70'58'48" W, departing the most westerly north
line of said Lot 1R1, Block 1 and said south right—of—way
line of E_ Highland Street, 27.36 feet to the beginning of
a tangent curve to the left having a central angle of
42'23'39", a radius of 112.00 feet, a tangent length of
43.44 feet, and a chord which bears S 49'46'59" W, 80.99
feet;
THENCE, with said tangent curve to the left, an arc
distance of 82.87 feet to the west line of said Lot iR1,
Block 1 and the aforementioned east right—of—woy line of N.
White Chopel Boulevard, from whence a 1/2" iron rod found
for the southwest corner of said Lot 1R1, Block 1 bears
S 00'28'20' W (plot—N 00'28'47" E), 219.44 feet and
S 00'37'41" E (plat—N 00"37'14" W), 434.27 feet;
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
TBPE FIRM REG. NO. F-356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189-00 OCTOBER 25, 2012
Two Park Lane Ploce / 8080 Pork Lone / Suite 600 08-10-076.B
Dallas, Texas 75231 / Ph. (214) 739-4741 8076—P22—TCE1,dwg
EXHIBIT "A'
TE WPORARY CONS7RUC7701V EASEMENT
a0212 ACR47S/923 SOL FT. PARCEL
A PORTION OF LOT IR1, BLOCK f, SOUTHL4KE ASSEMBLY OF lM ADDI770N
114LU/AM W. HALL SURVEY, ABSTRACT NO. 687
CITY OF SOU7HL4K& TARRANT COUNTY, TEXAS
THENCE N 00'28'20" E (plot—N 00'28'47" E), with the west
line of said Lot 1111, Block 1 and said east right—of—way
line of N. White Chapel Boulevard, 18.82 feet to a 1/2"
iron rod with plastic cap stomped "TX REG NO 100189-00" set
for corner at the beginning of a norn-tongent curve to the
right having a central angle of 35*10`29", a radius of
122.00 feet, a tangent length of 38.67 feet, and a chord
which bears N 53'59'28" E. 73.73 feet;
THENCE, departing the west line of said Lot 1R1, Block 1
and said east right—of—way line of N. White Chapel
Boulevard and with said non —tangent curve to the right, an
arc distance of 74.90 feet to the POINT OF BEGINNING and
containing 0.0212 acres or 923 square feet of land, more or
less.
FORvNATHAN D. MAIER CONSULTING ENGINEERS, INC
4���
J n r. Me ton, R.P.L.S. No. 4268
Registered Professional Land Surveyor
NOTES:
Bearings for this survey are based on the Western Data
Systems Texas Cooperative Network and are referenced to
NAD83 State Plane Coordinate System, Texas North Central
Zone 4202. Stations DMLN—g and DML2-90811 were utilized as
base stations during GPS data collection sessions.
This survey was performed without the benefit of a title
commitment and may be subject to liens, encumbrances,
easements, rights —of —way, restrictions, covenants,
reservations or other conditions of record which the
undersigned has not been advised of or is aware of. No
additional research for easements was performed by Nathan
D. Maier Consulting Engineers, Inc. in the preparation of
this survey.
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 2 OF 3
TBPE FIRM REG. NO. F-356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG_ NO_ 100189-00 OCTOBER 25, 2012
Two Park Lone Place / 8080 Park Lane / Suite 600 08-10-076.8
Dallas, Texas 75231 / Ph. (214) 739-4741 5076—P22—TCE1.dwg
EXHIBIT 'A"
TEMPORARY CONS7RUc1101V EASEMENT
a 0212 ACRES/923 SOL FT. PARCEL
A PORTION OF LOT 1R1, BLOCK 1, SOUMLAKE ASSEWBLY OF GOD ADDITION
WILUAM W. HALL SURVEY; ABSTRACT NO. 887
CITY OF SOUTHLAKE; TARRAW COUNTY, 7FXAS
� SB-
} W/PATE EN4r'II RRS CAP
CITY OF SOU1tILAKF
WST NO. D199076920
D.R.T.C7, WORTH -
CALLED 1.0 ACRES
SCALE.-1 "=100'
1
MARGUERITE ELIZABETH
FECHTEL REVOCABLE TRUST 5/a"AV S/B'JRF
AVST. NQ D206039011 w1maAWAY B A550( LAP W/PATE RPLS
D.R. T.C. T. 5647 LAP
REMAINDER OF
CALLED 7.61 ACRES POINT OF
CWMEWC/NG j
j In W
WIAREA SLWWWW cAP _
--�-- -- ---
W. HIGHLAND STREET ,; Urs
(VARIABLE WIDTH R.O.W.) 617-640a s.
(PLAT--N
N 00`.
1G
L44MES C LIFFORD S OD, J?
INST. NO. D197212230
D.R. I.0 T.
(LAST NXL AND TESTAMENT
OF JAMES CLIFTORD *000)
ABBREVIA TION LEGEND
D.R. T.0 T.
DEED RECORDS OF rARRANT
COUNTY, TEXAS
O.P.R.T.CT.
OFFICIAL PUBLIC RECORDS OF
TARRANT COLWTY, TEXAS
P.R. T,C T.
PLAT RECORDS OF TARRAN7
COUNTY. TEXAS
CAB., SLIDE
CABRIET, SLIDE
As Na
INSTRUMENT NUMBER
va- PG
VOLUAfF- PAGE
C.L.
CENTERLINE
ESMT
EASEMENT
R.O.W.
RK21r-OF-IYAY
50. FT.
SQUARE FEET
IAA
IRON ROD FOLWO
IPF
IRON PIPE FOUND
IRS W/CAP
IRON ROD SET WTH PLASTIC
CAP STAMPED "TX REG NO
T00189-00'
(PLAT-S B6t72'48-
S 8&UJ'25' E
W/1CAP
E) '/
n
//2- a-
WEE CHAPEL 11JLLAGE CENTER PARTNERS LP
WST. D205378677
D.R T.G T.
CALLED 1.887 ACRES
LOT a BLOCK A-80
PECK ADDITION
VOL. 399-137, Pa 61
P.R- rcT.
OF BEGINNING
I/1' TIPS W/CAP
(PLAT-S88'02'48- E) E HIGHLAND STI
88Vyf3'25' E (VARIABLE WIDTH R.O.W.)
�S 70"5848" �W-27.36'
G
0 0212 ACRES
(923 SQ. FT.) i
FIRST ASSEMBLY OF GOD CHURCH,
WC, SOUTHLAKE, TEXAS
JOHN A MADDEN AND
H.W. COOK AND WE
v
VOL 4999. PG. 57
WE NELEN L MADDEN
DOROTHY M. COOK
W
D.R. T.0 T.
VOL, 6521, PG. 621
VOL 5JS7, PG. 217
N
REMAP"R OF CALLED
O.R. T. C. T.
D.R. T.C. T.
Z07 ACRE TRACT
REMAINDER OF TRACT 2
to N
AND
3 o SOUTHLAKE ASSEMBLY OF G00
VOL, 7597, PG 124
h 2
AR.T.CT.
i
REMAWOER OF CALLED
N `
10.011 ACRE TRACT
g
y
LOT JR1, BLOCK 1
i
SOUTHLAKE ASSEMBLY OF
GOD ADDITION
WST. NO.OLP OTC. 766
1
O.P.R.T.GL
177-5' UITUTY ESMT.
n3
N
QURW
�J9"
Li-3570 29"
R=11200'
R=12200'
T=43. 44'
T=3& 67'
L-82.87'
L=74.90'
CB=S 49'4659"
W CB=N 5305928" E
a=80.99'
CL=7,173'
75' UTILITY ESMT
VOL 3TC., PG. 39
A2 -
P.T.G T.
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 3
TBPE FIRM REG. NO. F-356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189-00 OCTOBER 25, 2012
Two Park Lane Place / 8080 Park Lane / Suite 600 08-10-076.8
Dallas, Texas 75231 / Ph. (214) 739-4741 8076—P22_TCE1.dwg
Order No. 13-1592MSS
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
NOTICE TO PARTIES
(Pursuant to 24CFR3500, Appendix "D")
To: Buyer/Borrower. City of Southlake
1400 Main Street, Suite 320
Southlake, TX 76092
Seller. Southlake Church of the Assemblies of God, Inc.
101 E Highland Street
Southlake, TX 76092
From: Capital Title of Texas, LLC
Property:
BEING a 0.0244 acre tract of land situated in the William
W. Hall Survey, Abstract No. 687, in the City of Southlake,
Tarrant County, Texas and being a portion of Lot 1 R1, Block
1, Southlake Assembly of God Addition, an addition to the
City of Southlake, Texas, according to the plat thereof
recorded in Instrument No. D210148766 of the Official
Public Records of Tarrant County, Texas, said Lot 1 R1,
Block 1 being the remainder of a called 2.07 acre tract
conveyed to First Assembly of God Church, Inc., Southlake,
Texas according to the Warranty Deed as recorded in Volume
4999, Page 57 of the Deed Records of Tarrant County, Texas
(D.R.T.C.T.) and the remainder of a called 10.011 acre
tract conveyed to Southlake Assembly of God according to
the Warranty Deed with Vendors Lien as'recorded in Volume
7597, Page 124, D.R.T.C.T., and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "Area
Surveying" found for the northwest comer of the
aforementioned Lot 1R1, Block 1, said comer being at the
intersection of the south right-of-way line of E. Highland
Street (variable width right -of --way) and the east right-of-way
line of N. White Chapel Boulevard;
THENCE S 88' 03' 25" E (plat-S 88' 02' 48" E), with the most
westerly north line of said Lot 1 R1, Block 1 and said south
right-of-way line of E. Highland Street, 59.30 feet to a
1/2" iron rod with plastic cap stamped'TX REG NO 100189-
00" set for comer at the beginning of a non -tangent curve
to the left having a central angle of 35' 10' 29", a radius
of 122.00 feet, a tangent length of 38.67 feet, and a chord
which bears S 53' 59' 28" W, 73.73 feet;
THENCE, departing the most westerly north line of said Lot
1 R1, Block 1 and said south right-of-way line of E.
Highland Street and with said non -tangent curve to the
left, an arc distance of 74.90 feet to a 112" iron rod with
plastic cap stamped "TX REG NO 100189-00" set for comer in
the west line of said Lot 1 R1, Block 1 and the
aforementioned east right-of-way line of N. White Chapel
Boulevard, from whence a 1/2" iron rod found for the
southwest comer of said Lot 1 R1, Block 1 bears
S 00' 28' 20" W (plat-N 00' 28' 4T' E), 238.25 feet and
S 00' 37' 41" E (plat-N 00' 37' 14" W), 434.27 feet;
THENCE N 00' 28' 20" E (plat-N 00' 28' 4T' E), with the west
line of said Lot 1R1, Block 1 and said east right-of-way
line of N. White Chapel Boulevard, 45.36 feet to the POINT
OF BEGINNING and containing 0.0244 acres or 1,063 square
feet of land, more or less.
Affiliated Business Disclosure — United Tax Service Page 1 of 2 Rev. 06/03
NOTE: The Company is prohibited from insuring the area or quantity of the land described
herein. Any statement in the legal description contained in Schedule "A" as to area or quantity
of land is not a representation that such area or quantity is correct, but is made only for
informal identification purposes and does not override Item 2 of Schedule'B" hereof.
Date: December 2, 2013
This is to give you notice that CAPITAL TITLE OF TEXAS, LLC (*CTOT"), has a business relationship with
PREMIER SURVEYING, LLC, WILLOWBEND MORTGAGE, SHADDOCK & ASSOCIATES, PC,
CAPITAL NATIONAL FINANCIAL, INC. CAMBRIDGE INSURANCE AGENCY, LLC, UNITED TAX
SERVICE and UNITED E-RECORDING, LLC, (referred to collectively as "United"), 2400 N. Dallas
Parkway, Suite 560, Plano, Texas 75287, (972) 682-2719, CTOT routinely obtains Surveys, Tax
Certificates, Insurance and e-Recording Services from United; the charge for these settlement services is
paid by the parties to the transaction; that charge is collected by CTOT at closing and paid by CTOT to
United. The owner of United is William C. Shaddock, who, in addition to being indirectly involved with
CTOT as an owner, is also its President, CEO and a Director. Because of this relationship, the referral of
business to United by CTOT may provide CTOT with a financial or other benefit
Notice is also given that CTOT has a business relationship with First National Title Insurance Company
("FNTI"), which is a title insurance underwriting company. The owner of CTOT is also the owner of FNTI.
Because of this relationship, the referral of business to FNTI by CTOT may provide CTOT with financial or
other benefit. The premium charges made by FNTI are in accordance with the premium rates
promulgated by the Texas Department of Insurance.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are
NOT required to use the listed provider as a condition for the purchase, sale or refinance of the subject
property.
THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH
SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE
RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
United Tax Service, Inc. Range of Estimated charges: $ 25.00
United E-Recording, LLC Range of Estimated charges $4.00 to 10.00 per recorded document
Premier Surveying, LLC Range of Estimated charges
Cambridge insurance Agency, LLC
Willowbend Mortgage
Capital National Financial, Inc.
Shaddock & Associates, PC
I/we have read this disclosure form and understand that CTOT is referring me/us to purchase the above -
described settlement service and may receive a financial or other benefit as a result of this referral.
The City of Southlake Southlake Church of the Assemblies of God, Inc.
By: By. V
Name: tin l'_. TGlrell Name:
Title: _ w� .� __ Title:
AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES
GF#: 13-159200-SB
State of Texas
County of Tarrant
SUBJECT PROPERTY:
101 E Highland St
Southlake, TX 76092
See Exhibit "A" attached hereto and made a part hereof.
BEFORE ME, the undersigned authority, on
, the
Assemblies of God, Inc., personally known to me to b
e
The undersigned represent(s) to CAPITAL TITLE OF TEXAS, hereinafter the Company, to his,
her, their best knowledge that,
Except as noted below, there are no parties occupying, renting, leasing, residing or
possessing the subject property or any portion thereof, nor is the undersigned
aware of any parties claiming title to the subject property or any portion thereof by
any reason of adverse possession, except NONE
2, No unpaid debts for plumbing fixtures, water heaters, swimming pool, furnace, air
conditioners, radio or television antennae, carpeting, rugs, lawn sprinkling
systems, venetian blinds, window shades, draperies, electric appliances, fences,
street paving, assessments, or any personal property or fixtures that are located on
the subject property described above, and that no items have been purchased on
time payment contracts and there are no security interests on such property
secured by financing statements, security agreements, or otherwise except the
following:NONE
Secured Party Approximate Amount
3. No liens of any kind against such property except the following: NONE
Secured Party Approximate Amount
IT IS UNDERSTOOD BY THE UNDERSIGNED THAT THE PAYOFF AMOUNT(S)
ON LOANS LISTED ABOVE IS/ARE IN ACCORDANCE WITH STATEMENTS
GIVEN BY THE LENDING INSTITUTIONS AND SHOULD THE NOTEHOLDER
REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO RELEASE SAID
INDEBTEDNESS THE UNDERSIGNED AGREE(S) TO PAY THAT ADDITIONAL
AMOUNT INCLUDING AD VALOREM TAXES NOT SPECIFICALLY
REFERENCED ABOVE.
There are no delinquent ad valorem taxes owing against the subject property. There are
no federal or state taxes due by the undersigned for which a lien has not been filed but
which have been assessed.
There are no liens of any kind or character or claims for paving outstanding against the
property, and we have signed no petitions for the paving of the street or alley adjoining
this property and know of no petitions being circulated for payment.
All labor and materials used in the construction of improvements on the above described
property have been paid and there are no unpaid labor or material claims against the
improvements or the property upon which same are situated, and the undersigned hereby
declare(s) that all sums of money due for the erection of improvements have been fully
paid and satisfied, except as stated on the reverse hereof.
There are no proceedings in bankruptcy or receivership, that have been instituted by or
against me/us, and Uwe have never made an assignment for the benefit of Creditors.
Further, the undersigned has claimed no exemptions relating to ad valorem taxes to which
he/she/they/it are not entitled.
CONDOMINIUMS:
We as owners or mortgagors are aware of certain obligations imposed upon us by the
terms and conditions of the Declaration of Covenants, Condition and Restrictions that
affect the above described property and that we have paid all past and current assessments
and dues assessed by the association created by the condominium regime.
The undersigned realize(s) that these representations are made to induce the company and
its Underwriter to insure the title to subject property and tenants:
Executed this 6th day of December, 2013
Southlake Church of the Assemblies of God, Inc.
By -
Name: ®.
Title: L&A4r' ✓
State of Texas
County of Tarrant t ,
This iumer}t was acknowledged bere mec` this �C. day of December, 2013 by
G in y n of the Southlake Church of the
Assmbilies of God, Inc.
Notary ic, State of Texas
Notary' Printed Name
Commission Expires:
,<<P. GAYLE M.BELSTEM
NoWry Public
State of Texas
tti�y Comm. Expires 04-13-2016
Escrow File No.: 13-159200-SB
EXHIBIT "A"
TRACT 1
BEING a 0.0244 acre tract of land situated in the William
W. Hall Survey, Abstract No. 687, in the City of Southlake,
Tarrant County, Texas and being a portion of Lot 1R1, Block
1, Southlake Assembly of God Addition, an addition to the
City of Southlake, Texas, according to the plat thereof
recorded in Instrument No. D210148766 of the Official
Public Records of Tarrant County, Texas, said Lot IRl,
Block 1 being the remainder of a called 2.07 acre tract
conveyed to First Assembly of God Church, Inc., Southlake,
Texas according to the Warranty Deed as recorded in Volume
4999, Page 57 of the Deed Records of Tarrant County, Texas
(D.R.T.C.T.) and the remainder of a called 10.011 acre
tract conveyed to Southlake Assembly of God according to
the Warranty Deed with Vendor's Lien as recorded in Volume
7597, Page 124, D.R.T.C.T., and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "Area
Surveying found for the northwest corner of the
aforementioned Lot 1R1, Block 1, said corner being at the
intersection of the south right-of-way line of E. Highland
Street (variable width right-of-way) and the east right-of-way
line of N. White Chapel Boulevard;
THENCE S 880 03' 25" E (plat-S 88' 02' 48" E), with the most
westerly north line of said Lot 1R1, Block 1 and said south
right-of-way line of E. Highland Street, 59.30 feet to a
1/2" iron rod with plastic cap stamped "TX REG NO 100189-
00" set for corner at the beginning of a non -tangent curve
to the left having a central angle of 351 10' 29", a radius
of 122.00 feet, a tangent length of 38.67 feet, and a chord
which bears S 53159' 28" W, 73.73 feet;
THENCE, departing the most westerly north line of said Lot
1R1, Block 1 and said south right-of-way line of E.
Highland Street and with said non -tangent curve to the
left, an arc distance of 74.90 feet to a 1/2" iron rod with
plastic cap stamped "TX REG NO 100189-00" set for corner in
the west line of said Lot 1R1, Block 1 and the
aforementioned east right-of-way line of N. White Chapel
Boulevard, from whence a 1/2" iron rod found for the
southwest corner of said Lot 1R1, Block 1 bears
S 000 28' 20" W (plat-N 000 28' 47" E), 238.25 feet and
S 000 37' 41" E (plat-N 000 37' 14" W), 434.27 feet;
THENCE N 000 28' 20" E (plat-N 00° 28' 47" E), with the west
line of said Lot 1R1, Block 1 and said east right-of-way
line of N. White Chapel Boulevard, 45.36 feet to the POINT
OF BEGINNING and containing 0.0244 acres or 1,063 square
feet of land, more or less.
Capital Title of Texas, LLC - Southlake Blvd
1150 N. Carroll Avenue
apflaSouthlake, TX 76092
Phone 817-329-8989 Fax 817-329-8282
OWNER POLICY OF TITLE INSURANCE TRANSMITTAL
March 4, 2014
City of Southlake
1400 Main Street, Suite 320
Southlake, TX 76092
RE: Order No.: 13-159200-SB
Buyer/Borrower(s): City of Southlake
Sellers(s): Southlake Church of the Assemblies of God, Inc.
Property Address: 101 E Highland St, Southlake, TX 76092
In connection with the above transaction, we enclose your Owner Policy of Title Insurance.
Your deed has been filed for record in the County Clerk's Office and it will be mailed directly to
you from that office.
It has been a pleasure to serve you. If we may assist you in the future, please let us know.
Gayle Giebelstein
Order No. 13-159200-SB
OTP Transmittal Page 1 of 1 Rev. 01/06
If you want information about coverage or need assistance to resolve complaints, please call our toll free number. 1-800-729-1902. If you make a claim under your policy, you
must furnish written notice in accordance with Section 3 of the Conditions and Stipulations. Visit our World Wde Web site at: htto://www.stewart.com
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
Adorak
rt
title guaranty company
Any notice of claim and any other notice or statement in writing required to be given the Company under
this Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS, STEWART TITLE GUARANTY, a Texas 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 encroachments onto the Land of existing improvements located on
adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception
on or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
Covered Risks continued on next page.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly
authorized officers as of Date of Policy shown in Schedule A.
Countersigned by:
riS(_I+1 t 1
bUa
yf
guararAy company Senior Chairman of the Board
Authorized Countersignature
Capital Title of Texas, LLC - Southlake
Boulevard
Company
Southlake, TX
City, State
*Chman ofthe Boardofthe Board
r,X � ,
President
Page 1 of Policy Serial 0-5991-000089828
Form T-1: Owner's Policy of Title Insurance (Rev. 2/1/10)
COVERED RISKS CONTINUED FROM PAGE 1
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.
11. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of 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 land described
in Schedule A because of Unmarketable Title.
Page 2of Policy Serial 0-6991-000089828
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11 of
these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation
of law as distinguished from purchase, including heirs, devisees,
survivors, personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to
another kind of Entity;
(D) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration conveying the Title;
(1) If the stock, shares, memberships, or other
equity interests of the grantee are wholly -owned by the named Insured,
(2) If the grantee wholly owns the named
Insured,
(3) If the grantee is wholly -owned by an affiliated
Entity of the named Insured, provided the affiliated Entity and the
named Insured are both wholly -owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a
trust created by a written instrument established by the Insured named
in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however,
all rights and defenses as to any successor that the Company would
have had against any predecessor Insured.
(e) "Insured Claimant": an Insured claiming loss or damage.
(f) "Knowledge" or "Known": actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of
the Public Records or any other records that impart constructive notice
of matters affecting the Title.
(g) "Land": the land described in Schedule A, and affixed
improvements that by law constitute real property. The term "Land"
does not include any property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but this does
not modify or limit the extent that a right of access to and from the Land
is insured by this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic means
authorized by law.
(i) "Public Records": records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
Knowledge. With respect to Covered Risk 5(d), "Public Records" shall
also include environmental protection liens filed in the records of the
clerk of the United States District Court for the district where the Land is
located.
0) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the Title
or lender on the Title to be released from the obligation to purchase,
lease or lend if there is a contractual condition requiring the delivery of
marketable title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy
in favor of an Insured, but only so long as the Insured retains an estate
or interest in the Land, or holds an obligation secured by a purchase
money Mortgage given by a purchaser from the Insured, or only so
long as the Insured shall have liability by reason of warranties in any
transfer or conveyance of the Title. This policy shall not continue in
force in favor of any purchaser from the Insured of either (i) an estate or
interest in the Land, or (ii) an obligation secured by a purchase money
Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 5(a) below, or (ii) in case Knowledge
shall come to an Insured hereunder of any claim of title or interest that
is adverse to the Title, as insured, and that might cause loss or damage
for which the Company may be liable by virtue of this policy. If the
Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the
policy shall be reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the Company as
required herein of a lien, encumbrance, adverse claim or other defect in
Title insured by this policy that is not excluded or excepted from the
coverage of this policy, the Company shall promptly investigate the
charge to determine whether the lien, encumbrance, adverse claim or
defect or other matter is valid and not barred by law or statute. The
Company shall notify the Insured in writing, within a reasonable time, of
its determination as to the validity or invalidity of the Insured's claim or
charge under the policy. If the Company concludes that the lien,
encumbrance, adverse claim or defect is not covered by this policy, or
was otherwise addressed in the closing of the transaction in connection
with which this policy was issued, the Company shall specifically advise
the Insured of the reasons for its determination. If the Company
concludes that the lien, encumbrance, adverse claim or defect is valid,
the Company shall take one of the following actions: (i) institute the
necessary proceedings to clear the lien, encumbrance, adverse claim
or defect from the Title as insured; (ii) indemnify the Insured as provided
in this policy; (iii) upon payment of appropriate premium and charges
therefor, issue to the Insured Claimant or to a subsequent owner,
mortgagee or holder of the estate or interest in the Land insured by this
policy, a policy of title insurance without exception for the lien,
encumbrance, adverse claim or defect, said policy to be in an amount
equal to the current value of the Land or, if a mortgagee policy, the
amount of the loan; (iv) indemnify another title insurance company in
connection with its issuance of a policy(ies) of title insurance without
exception for the lien, encumbrance, adverse claim or defect; (v) secure
a release or other document discharging the lien, encumbrance,
adverse claim or defect; or (vi) undertake a combination of (i) through
(v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or
damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of loss. The
proof of loss must describe the defect, lien, encumbrance or other
matter insured against by this policy that constitutes the basis of loss or
damage and shall state, to the extent possible, the basis of calculating
the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the
options contained in Sections 3 and 7 of these Conditions, the
Company, at its own cost and without unreasonable delay, shall provide
for the defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured
against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the Insured to object for
reasonable cause) to represent the Insured as to those stated causes
of action. It shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs or expenses
incurred by the Insured in the defense of those causes of action that
allege matters not insured against by this policy.
Page 3of Policy Serial 0-5991-000089828
CONDITIONS Continued
(b) The Company shall have the right, in addition to the options
contained in Sections 3 and 7, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its
opinion may be necessary or desirable to establish the Title, as
insured, or to prevent or reduce loss or damage to the Insured. The
Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable to the Insured. The exercise of
these rights shall not be an admission of liability or waiver of any
provision of this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a
defense as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of competent
jurisdiction and it expressly reserves the right, in its sole discretion, to
appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the Company
the right to so prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for this
purpose. Whenever requested by the Company, the Insured, at the
Company's expense, shall give the Company all reasonable aid (i) in
securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (ii) in any other lawful
act that in the opinion of the Company may be necessary or desirable
to establish the Title or any other matter as insured. If the Company is
prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligations to the Insured under the policy
shall terminate, including any liability or obligation to defend, prosecute,
or continue any litigation, with regard to the matter or matters requiring
such cooperation.
(b) The Company may reasonably require the Insured Claimant
to submit to examination under oath by any authorized representative
of the Company and to produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes, and
videos whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further, if requested by any
authorized representative of the Company, the Insured Claimant shall
grant its permission, in writing, for any authorized representative of the
Company to examine, inspect and copy all of these records in the
custody or control of a third party that reasonably pertain to the loss or
damage. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim. Failure of
the Insured Claimant to submit for examination under oath, produce
any reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required in this
subsection, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attomeys' fees and expenses incurred by
the Insured Claimant that were authorized by the Company up to the
time of payment or tender of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other than
to make the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or continue any
litigation.
(b) To Pay or Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
policy. In addition, the Company will pay any costs, attomeys' fees and
expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated
to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the
loss or damage provided for under this policy, together with any costs,
attorneys' fees and expenses incurred by the Insured Claimant that
were authorized by the Company up to the time of payment and that the
Company is obligated to pay. Upon the exercise by the Company of
either of the options provided for in subsections (b)(i) or (ii), the
Company's obligations to the Insured under this policy for the claimed
loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or
continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage
under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured
and the value of the Title subject to the risk insured against by this
policy.
(b) If the Company pursues its rights under Section 3 or 5 and is
unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was made by the
Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees and expenses
incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title, or removes the alleged
defect, lien or encumbrance, or cures the lack of a right of access to or
from the Land, all as insured, or takes action in accordance with
Section 3 or 7, in a reasonably diligent manner by any method,
including litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not be
liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final determination by
a court of competent jurisdiction, and disposition of all appeals,
adverse to the Title, as insured.
Page 4of Policy Serial 0-5991-000089828
CONDITIONS Continued
(c) The Company shall not be liable for loss or damage to the Insured
for liability voluntarily assumed by the Insured in settling any claim or
suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the Amount of Insurance by
the amount of the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed,
assumed, or taken subject or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this
policy.
12. PAYMENTOFLOSS.
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights of the
Insured Claimant in the Title and all other rights and remedies in
respect to the claim that the Insured Claimant has against any person
or property, to the extent of the amount of any loss, costs, attorneys'
fees and expenses paid by the Company. If requested by the
Company, the Insured Claimant shall execute documents to evidence
the transfer to the Company of these rights and remedies. The Insured
Claimant shall permit the Company to sue, compromise or settle in the
name of the Insured Claimant and to use the name of the Insured
Claimant in any transaction or litigation involving these 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 the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance or
bonds, notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there shall be no joinder or
consolidation with claims or controversies of other persons. Arbitrable
matters may include, but are not limited to, any controversy or claim
between the Company and the Insured arising out of or relating to this
policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the
transaction giving rise to this policy. All arbitrable matters when the
Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured, unless the Insured is an
individual person (as distinguished from an Entity). All arbitrable
matters when the Amount of Insurance is in excess of $2,000,000 shall
be arbitrated only when agreed to by both the Company and the
Insured. Arbitration pursuant to this policy and under the Rules shall be
binding upon the parties. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached to
it by the Company is the entire policy and contract between the Insured
and the Company. In interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of
the Title or by any action asserting such claim, shall be restricted to this
policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify any
of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy or (iv) increase the Amount
of Insurance. Each Commitment, endorsement or other form, or
provision in the Schedules to this policy that refers to a term defined in
Section 1 of the Conditions shall be deemed to refer to the term
regardless of whether the term is capitalized in the Commitment,
endorsement or other form, or Schedule. Each Commitment,
endorsement or other form, or provision in the Schedules that refers to
the Conditions and Stipulations shall be deemed to refer to the
Conditions of this policy.
16. SEVERABILITY.
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid and
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefore in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies or
enforcement of policies of title insurance of the jurisdiction where the
Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of claims
against the Title that are adverse to the Insured, and in interpreting and
enforcing the terms of this policy. In neither case shall the court or
arbitrator apply its conflicts of laws principles to determine the
applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought
by the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories having
appropriate j u risd fiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing
required to be given the Company under this Policy must be given to
the Company P.O. Box 2029, Houston, Texas 77252-2029.
:_afa guaranty Gornparty
Page Sof Policy Serial 0-5991-000089828
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Stewart Title Guaranty Company
SCHEDULE A
Name and Address of Title Insurance Company:
STEWART TITLE GUARANTY COMPANY
15950 Dallas Parkway, Suite 200, Dallas, 75248
File No.: 13-159200-SB Policy No.: 0-5991-000089828
Address for Reference only: 101 E Highland St, Southlake, TX 76092
Amount of Insurance: $49,820.00 Premium: $522.00
Date ofPolicy: December 10, 2013,at 12:33 pm
1. Name of Insured: City of Southlake
2. The estate or interest in the Land that is insured by this policy is: Fee Simple - Tract I
3. Title is insured as vested in: City of Southlake
4. The Land referred to in this policy is described as follows:
BEING a 0.0244 acre tract of land situated in the William W. Hall Survey, Abstract No. 687, in the City of Southlake,
Tarrant County, Texas and being a portion of Lot 1R1, Block 1, Southlake Assembly of God Addition, an addition to
the City of Southlake, Texas, according to the plat thereof recorded in Instrument No. D210148766 of the Official
Public Records of Tarrant County, Texas, said Lot IRl, Block 1 being the remainder of a called 2.07 acre tract
conveyed to First Assembly of God Church, Inc., Southlake, Texas according to the Warranty Deed as recorded in
Volume 4999, Page 57 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) and the remainder of a called
10.011 acre tract conveyed to Southlake Assembly of God according to the Warranty Deed with Vendor's Lien as
recorded in Volume 7597, Page 124, D.R.T.C.T., and being more particularly described by metes and bounds as
follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "Area Surveying" found for the northwest corner of the
aforementioned Lot 1111, Block 1, said corner being at the
intersection of the south right-of-way line of E. Highland Street (variable width right-of-way) and the east right-of-
way line of N. White Chapel Boulevard;
THENCE S 880 03' 25" E (plat-S 88102' 48" E), with the most westerly north line of said Lot 1R1, Block 1 and said
south right-of-way line of E. Highland Street, 59.30 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO
100189-00" set for corner at the beginning of a non -tangent curve to the left having a central angle of 351 10' 29", a
radius
of 122.00 feet, a tangent length of 38.67 feet, and a chord which bears S 530 59' 28" W, 73.73 feet;
THENCE, departing the most westerly north line of said Lot 1R1, Block 1 and said south right-of-way line of E.
Highland Street and with said non -tangent curve to the
left, an arc distance of 74.90 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189-00" set for corner
in the west line of said Lot 1R1, Block 1 and the
aforementioned east right-of-way line of N. White Chapel Boulevard, from whence a 1/2" iron rod found for the
southwest corner of said Lot 1R1, Block 1 bears
S 00128' 20" W (plat-N 000 28' 47" E), 238.25 feet and S 00137' 41" E (plat-N 000 37' 14" W), 434.27 feet;
THENCE N 000 28' 20" E (plat-N 000 28' 47" E), with the west line of said Lot 1111, Block 1 and said east right-of-
way line of N. White Chapel Boulevard, 45.36 feet to the POINT
OF BEGINNING and containing 0.0244 acres or 1,063 square feet of land, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in
FORM T-1: Owner's Policy of Title Insurance Page I
Continuation of Schedule A
Policy No. 0-5991-000089828
the legal description contained in Schedule "A" as to area or quantity of land is not a representation that such area or
quantity is correct, but is made only for informal identification purposes and does not override Item 2 of Schedule
"B" hereof.
FORM T-1: Owner's Policy of Title Insurance Page 2
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Stewart Title Guaranty Company
SCHEDULE B
File No.: 13-159200-SB Policy No.: 0-5991-000089828
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 leases and easements, if any, shown in Schedule A, and the following matters:
l . The following restrictive covenants of record itemized below (the Company must either insert specific recording data or
delete this exception):
Item No. 1, Schedule B, has been deleted in its entirety.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping
of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other
entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or
oceans, or
b. to lands beyond the line of 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.
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. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all
rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule
B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed.
b. All visible and apparent easements or uses and all underground easements or uses, the existence of which may
arise by unrecorded grant or by use.
FORM T-1: Owner's Policy of Title Insurance Page 3
Continuation of Schedule B Policy No. 0-5991-000089828
C. Rights of parties in possession.
d. Rights of tenants, as tenants only, under unrecorded leases or rental agreements.
e. Rights of the public, the State of Texas and the municipality in and to that portion of subject property, if any,
lying within the boundaries of any roadway, public or private.
f. Airport Zoning Ordinance No. 71-100 for -Fort Worth International Airport recorded in 7349/1106, Real
Property Records, Tarrant County, Texas.
g. Easement created in instrument executed by A.T. Hodges to Texas Poer and Light Company, dated November
25,1958, filed December 24,1958, recorded in Volume 3276, Page 527, Real Property Records, Tarrant
County, Texas.
h. Easement created in instrument executed by First Assembly of God Church, Inc. to City of Southlake, dated
December 12, 1985, filed December 23, 1985, recorded in Volume 8405, Page 1448, Real Property Records,
Tarrant County, Texas.
i. Easement created in instrument executed by Southlake Assembly of God to City of Southlake, dated December
12, 1985, filed December 20,1985, recorded in Volume 8405, Page 1451, Real Property Records, Tarrant
County, Texas.
j. Oil, Gas and Mineral Lease executed by Southlake Church of the Assemblies of God f/k/a Southlake Assembly
of God f/k/a First Assembly of God, Inc., Southlake Texas, a corporation to XTO Energy Inc., dated September
5, 2008, filed October 6, 2008, recorded in CC#D208381792, Real Property Records, Tarrant County, Texas.
The Company makes no representation as to the present ownership of this interest.
Countersigned
Capital Title of Texas, LLC - Southlake Boulevard
Authorized Signatory
FORM T-1: Owner's Policy of Title Insurance Page 4
GF No. 13-159200-SB
Stewart Title Guaranty Company
Owner's Policy No.: 0-5991-000089828
Premium Amount
Rate Rules
Property
County
Liability
Date
Type
Code
1
2
3
4
5
6
7
8
$522.00
1000
2
439
$49,820.00
12/10/2013