Thomas M. Hood Survey, Abstract No. 706 (1300 N. White Chapel) - ROW ta, Capital Title of Texas, LLC - Southlake Blvd
CapitalTitle
100 S. Village Center Drive
Southlake, TX 76092
Phone 817 - 329 -8989 Fax 817 - 329 -8282
TRANSMITTAL LETTER FOR E- RECORDED DOCUMENTS
June 10, 2013
City of Southlake
1400 Main Street, Suite 320
Southlake, TX 76092
RE: Order No.: 13- 159218 -SB
Buyer: City of Southlake
Seller(s): The Rucker Family Trust
Property Address: 1300 N White Chapel, Southlake, TX 76092
In connection with the above loan, we enclose your original Permanent Right -of -Way and
Temporary Construction Easement signed by the Seller(s), along with the e- Recorded copy.
Your Owner's Policy will follow.
It has been a pleasure to serve you. If we can be of further assistance to you in the future,
please do not hesitate to contact us.
Gayle Giebelstein
Order No. 13- 159218 -SB
MTP Transmittal - Lender 1 Page 1 of 1 Rev. 01/06
CITY OF
SOUTHLAKE
Public Works Administration
1400MainSmeet I Suite320 1 Southlake,Teas7S0921 (p)817 -748 -8098 1 09817 -748 -8077
May6,2013
Hand Delivered
Zena Rucker
650 S. Carroll Avenue
Southlake, Texas .76092.
Re: FINAL OFFER: =1:300 N. White Chapel Blvd Southlake; Texas 76092
City of Southlake Road Widening Project
A .0502 acre tract of land situated in the THOMAS M. HOOD
survey, abstract no. '706, in the City of Southlake, Texas, A 10 Ft.
temporary construction easement, and replacement of trees and
" shrubs within 6 fl of theretaining wall.
Dear Mrs: Rucker:
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 2,185 square feet (0.0502 acre) tract of land: that. the City proposes to acquire
as a permanent Rights of way and =1, square feet for te±•nporary .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 at a part of the City's Capital Improvement
Program. In order to accomplish this, it is necessary to construct aportion of the proposed
improvements adjacent to your property at 1300 N.: White' Chapel Boulevard.. 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 main'tentince lend repair. The
City is requesting :a 10 ft. temporary construction easement for a period &five years.
The City of Southlake *prepared to make you a FINAL:; OFFER of sixty thousand dollars
($60,000) as compensation for the proposed Right of Way Acquisitions, Temporary Construction
Easement, and for Trees and Shrubs._ This : final offer has incr,eased by the amount of $1,600 for
the replacement of two large trees and by a 10% increase of the offer which is $5,300.
This increase should cover reduced rents that may be affected by the project. All closing costs
will be born by the purchaser.
Zena Rucker Page 2 of 2
May 6, 2013
The City would prefer to resolve this matter with you by agreement, we ask that you sign the
attached offer and return it to the City by May 20, 2013.
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 or jerryh64@verizon.net.
Sincerely,
Steven D. Anderson, P.E.
Civil Engineer ,
cc: Robert Price, P.E., Director of Public Works
EXECUTED this i''' of 17 ,2013
HOMEOWNER: o
ZENA RUCKER
By:
650 S. Carroll Avenue
Southlake, Texas 76092
wi�rnesS ._ 44/AA (n-
Electronically Recorded Tarrant County Texas
Official Public Records 6/10/2013 1:08 PM D213147353
Capital Title L1 PGS 4 $28.00
1 (37f .�,o1 ai5 tt.t�
GF #T 154a�g's 5 tt R •ritt GPARTNERS
NUM&4)9U0 ITALITY RIGHTS: IF YOU ` y n' s i
PERSON, YOU MAY REMOVE OR STRIKE ANY OF
4 ikr s ' " G
INFORMATION 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 SOU BLAKE
PERMANENT RIGHT - OF-WAY
THE STATE OF TEXAS
KNOW AIL BY THESE PRESENTS:
COUNTY OF TARRANT
That THE RUCKER FAMILY TRUST, 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 DOLLAR and other good and valuable
consideration, paid by the CITY OF SOUIHLAICE, 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. - 1 WITNESS MY HAND, this the ! day o
1( 2013.
THE RUCKER FAMILY UST
__=_� A-•
Namos'L'ENA RUCKER,
STATE OF TEXAS
COUNTY OF TARRANT
Before me, THE UNDERSIGNED AUTHORITY, IN AND FOR THE State of Texas, on
this day personally appeared ZENA RUCKER, Trustee for the Rucker Family Trust,
know to me to be the person whose name is subscribed to the foregoing instrument and
aelmowledged to me that helsbe executed the same for the purposes and considerations
therein expressed, and in the capacity therein stated.
r �ER MY HAND AND SEAL OF OFFICE, this the 7 day of
(, , 2013.
Notary m and for the State of Texas
My Commission Expires:
r '
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LE •
11 470 .1' 11h,
IEBEISTEI
No tary Publ State of texas �
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- Co - Pine's " . 2016 1
■
Capital Title
G F# J3- 154ar' g- V-15
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
PERMANENT RIGHT -OF -WAY
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
That THE RUCKER FAMILY TRUST, 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 DOLLAR 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 the / day o #/k 2013.
THE RUCKER FAMILY TRUST
By: Q y,,., C ., . _ —a-f 2�
Nam NA RUCKER, ustee
STATE OF TEXAS
COUNTY OF TARRANT
Before me, THE UNDERSIGNED AUTHORITY, IN AND FOR THE State of Texas. on
this day personally appeared ZENA RUCKER, Trustee for the Rucker Family Trust,
know to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he /she executed the same for the purposes and considerations
therein expressed, and in the capacity therein stated.
IVEN UNpER MY HAND AND SEAL OF OFFICE, this the — 7 day of
_A/ , 2013.
1
Notary P � 1 and for the State of Texas
My Commission Expires:
P; t�
t : 4 ? ' G AYLE GIE B ELSTEI N Mz
N „ �� *
Notary
4 '�' State o > Public
MY C omm. Expi pq s
13-2016
EXHIBIT "A
RIGHT-OF-WAY ACQUISITION
0.0502 ACRESJZ 185 SQ. FT PARCEL
A PORTION OF THE IMLUAM W. RUCKER AND ZENA RUCKER FAMILY TRUST TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
DESCRIPTION
BEING a 0.0502 acre tract of land situated in the Thomas M.
Hood Survey, Abstract No. 706. in the City. of Southlake,
Tarrant County, Texas and being o portion of a called 0.495
acre tract conveyed to William W. Rucker and Zena Rucker,
Trustees of the William W. Rucker and Zena Rucker Family
Trust (Rucker Family Trust) according to the Warranty Deed
as recorded in Volume 12591, Page 2263 of the Deed Records
of Tarrant County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found for the northwest corner
of the aforementioned Rucker Family Trust tract, said corner
being of an angle point in the west right-of -way line of N.
White Chapel Boulevard (variable width right -of -way);
THENCE S 00'43'29" E (deed -N 00'10' E), with the east line
of said Rucker Family Trust tract and said west right - of-way
Inc i of N. White Chapel Boulevard. 134.84 feet (deed -135.0
feet) to o 1/2" iron rod found for the southeast corner of
said Rucker Family Trust tract. said corner also being the
most easterly northeast corner of a called 7.61 acre troct
conveyed to Marguerite Elizabeth Fechtel Revocable Trust
(Fechtel Revocable Trust) according to the Warranty Deed as
recorded in Instrument No. D206039011 of the Deed Records of
Tarrant County. Texas;
THENCE S 89'06'53" W (deed - EAST). departing said west right -
of-way Inc i of N. White Chapel Boulevard and with the south
line of said Rucker Family Trust tract and a north line of
said Fechtel Revocable Trust tract. 19.05 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, said curve having a central angle of 04'47'14 ", a
radius of 978.00 feet, a tangent of 40.88 feet and a chord
which bears N 01'46'31" E. 81.69 feet;
THENCE, with said non- tangent curve to the left, an arc
distance of 81.71 feet to a 1/2" iron rod with plastic cap
stamped "TX REG NO 100189 -00" set for corner;
THENCE N 00'37'06" W, 53.24 feet to a 1/2" iron rod with
plastic cap stamped "TX REG NO 100189 -00" set for corner in
the north Inc i of said Rucker Family Trust tract and said
west right -of -way line of N. White Chapel Boulevard;
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
TBPE FIRM REG. NO. F -356
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 10, 2012
Two Park Lane Place / 8080 Park Lane / Suite 600 08 -10 -076.8
Dallas, Texas 75231 / Ph. (214) 739 -4741 8076 -P8- ROW.dwg
EXHIBIT "A"
RIGHT-- OF-WAY ACQUIS171ON
0.0502 ACRE / 2 185 SQ. FT. PARCEL
A POR710N OF THE IM'LLIAM W. RUCKER AND ZENA RUCKER FAMILY TRUST TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUIHLAKE; TARRANT COUNTY, TEXAS
THENCE N 89'06'53" E (deed—WEST), with the north line of
said Rucker Family Trust tract and said west right — of—way
line of N. White Chapel Boulevard, 15.39 feet to the POINT
OF BEGINNING and containing 0.0502 acres or 2,185 square
feet of land, more or less.
Fe MAIER CONSULTING ENGINEERS, INC. .1- O F
*,414 ,
`" L!� a I"•n, R.P.L.S. No. 4268 e1.4ii111l1v,IVIVN
Registered Professional Land Surveyor Al ° #4268 Q: Q.e
NOTES: ° s uft` 1 "
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 —g0811 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
T BPLS FIRM REG. NO. 100189 -00 OCTOBER 10, 2012
Two Park Lane Place / 8080 Park Lane / Suite 600 08- 10 -076.B
Dallas, Texos 75231 / Ph. (214) 739 -4741 8076— P8— ROW.dwg
EXHIBIT 'A'
RIGHT -OF -WAY ACQUISITION
0.0502 ACRE /Z 185 SQ. FT. PARCEL
A PORTION OF 771E WILLIAM W. RUCKER AND ZENA RUCKER FAMILY TRUST TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE; TARRANT COUNTY, TEXAS
LOTS 1.IR- 1,13R -2 13R -3 13R-4 AND 13R -5
T.M. HOOD X706 ADDITION
CAB. A, SLIDE 10509 LOT 1, BLOCK A -80
P.R.T.C.T PECK ADDITION
k VOL 388 -137, PG. 61
h LOT 13--R4 LOT 13-R5 P.RT.GT.
0.0502 ACRES
o ° N 89176'53" E 2,185 S4. FT.)
15.39' °WV
(DEED-WEST) 1/2, RS POINT OF
5' U1u1TY ESMT.N W BEGINNING
►/r RF can rr , r/2" ;RP
N 00'37'06" W ■53.24' v.
W
co
ILLIAM W. RUCKER AND ZENA RUCKER,
TRUSTIXS
MI NOVEMBER L U AND o
h
' CALLED 0.495 ACRES / Z � VOL. 12591, PG. 2263 % w D.R. a T.G T. W t' LOT 2 -R, BLOCK A-80
PECK ADDITION
y c X04 , / 47'14 . 8 VLX. 388 -174 P0. 50
NORTH R =978.00' N P.RT.C.T.
SCALE: 1 " =60' e ' T=40.88 W
L =81.71' '�
'�' CB =N 01'46'31' E
ic o t C! =8T,. 69' 1y ow
13 a 1 � O1
0O S 89'06'53' W "1�. RP
AO' a 19.05' c,* -
( DEED -EAS1)
4 Iii' RP
LOT , 4 BLOCK A -80
PECK ADD1 flON
VOL. ri
388 -137, PG 61
P.R. T.C. T.
IQ
.
ABBREVIA770N LEGEND v o
BARRY M. McCOY AND W k o /z" r FMB CAP
TONYA B. McCOY
is
D.R.T.GT DEED RECORDS OF TARRANT INST. NO. 0202000068 Q
COUNTY, TEXAS D. R. T. C. T.
P.R. T.C. T. PLAT RECORDS OF TARRANT
COUNTY, TEXAS c
CAR, SLIDE CABINET,, SLIDE
INST. NO. INSTRUMENT NUMBER
VOL, PQ VOLUME PACE �.
C.L CEN ERLNNE
EMIT. EASEMENT LOT 5, BLOCK A -80
R.QW. RIGHT-OF-WAY PECK AODIAON
SIR F.. SQUARE FEET VOL 368 -137 P9. 61
IRF IRON ROD FOUND ' � P.R. T.C.T.
IPF IRON PPE FOUND
IRS W/CAP IRON ROD SET WTH PLASTIC 1/2' Er
CAP STAMPED 'TX REG NO 4
100169_00- CITY OF SOU7HLAKE I
INST. NQ 0199078920
D.RT.CT.
CALLED 1.0 ACRES
1
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 3 \ D V TBPE FIRM REG. NO. F -356
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 10, 2012
Two Park Lane Place / 8080 Pork Lone / Suite 600 08 -10 -076.8
_ Dallas, Texas 75231 / Ph. (214) 739 -4741 8076 —P8— ROW.dwg
SELLER'S STATEMENT
Date: June 7, 2013 GFNo: 13- 159218 -SB
Sale From: The Rucker Family Trust To: City of Southlake
650 S Carroll Ave 1400 Main Street, Suite 320
Southlake, TX 76092 Southlake, TX 76092
Property: See Exhibits "A" in file scan for Parcel 28 Right of Way and Parcel 28-SE1 Slope Easement
1300 N White Chapel
Southlake, TX 76092
Sales Price.- .- -.-_ —.
Reimbursements/Credits
Total Reimbursements/ Credits_._..---------------. _.._......_..._._..._..— _. —_ - -- - _.S0.00
Gross Amount Due to Seller— ._.._._..._.._.._._— .__ —_..— — ____S60,000.00
Less: Charges and Deductions
Taxes - /County for Year. 2013 from 1 -1 -13 to 6 -7 -13 to Tarrant
County Tax Assessor _ -- .------- --- ._...._._._..... $98.79
Total Charges and Deductions__—
Net Amount Due to Seller___...—.___.._.—..._— _.__...____— .— __.-- _.SSV_
Seller understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and
cannot guarsntee the accuracy thereof. The lender involved may be famished a copy of this statement
Seller understands that tax and insurance pmmtions and lames were based on Sgures for the preceding year or supplied by others or estimates for the ennead 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 Souleverdto 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 shovm above and a receipt of a copy of this Statement
Capital Title of Texas, LLC - Southlake Boulevard
The Rucker Family Trust
B ' b!/
Gayl -; tebelstein By: _
Z .0 Trustee
Printed at 05/31/2013 (03:35 pm) Compliments of Capital Title of Texas, LLC - Southlake
Boulevard
PURCHASER'S STATEMENT
Date: June 7, 2013 • GFNa: 13-159218-SB
Sale From: The Rucker Family Trust To: City of Southlake
650 S Carroll Ave 1400 Main Street, Suite 320
Southlake, TX 76092 Southlake, TX 76092
Property: See Exhibits "A" in file scan for Parcel 28 Right of Way and Parcel 28-SEI Slope Easement
1300 N White Chapel
Southlake, TX 76092
Purchase Price _ --- .S60,000.00
Plus: Charges
Record Right of Way to Capital Title of Tea.. _ — $28.00
Fees to Capital Tide of Texas__ S750.00
Escrow _ 8750.00
Tax Certificate to United Tax Service, Inc _— S59.80
Guaranty Fee to Texas Title Insurance Guaranty Association — S2.00
Title Insurance to Capital Tide of Tea„° __. 5593.00
Single Ism. _ 9593.00
E- Recording Fee to United eRecording _ 89.00
Total Charges _ S1,441.80
Gross Amount Due By Purchaser __861,441.80
Less: Credits
Total Credits SO.00
Balance Due Purchaser 961.441.80
Parebaser understands the Closing or Escrow Agent has assembled this mformatiee representing the transaction from the best information available from other sources
and carrot guarantee the mammy y thereof The lender involved ma be famished a copy of this stamen
Purchaser understands that tax and insurance monitions and reserves wine based a figure fartbe preceding year or supplied by others or esamala for the anent
year, and is the event of any change for csesentycm, all necessary adjustments meat he made between Purchase and Sella direct
T h e andenigned hereby author¢a Capital Title of Tema, LLC Southlake Baleveedm make apenditeae and disbursements as shown above end appmvee sure for
payment The undersigned also aclmowledga receipt °Hisao Funds, if applicable, in the amount show above end a receipt of copy of this Statement
Capital Title of Texas, LLC - Southlake Boulevard •
The City of Southlake
EY ' e B,aa ( rIV//V (n/►`
Ga Giebelstein Name: Braa,diea. BIi0I4,nEr
Title: NA Polar ?co TEt N
,,,,
ATTEST: •
& ...
b 14 :05.
Alicia Richardson, TRMC = i
City Secretary - °° ° °aaaea ° °*
4 u
e`aaru ,,,,
•
Printed at 0 513 1120 13 (03 :35 pm) Compliments of Capital Title of Texas, LLC - Southlake
Boulevard
SHADDOCK LAW FIRM, P.E.
2400 N. Dallas Parkway, Suite 560
Plano, Texas 75093
972 -526 -7642
ATTORNEY REPRESENTATION NOTICE
GF# 13- 159218 -SB DATE: May 31, 2013
SELLER The Rucker Family Trust
PURCHASER City of Sovthlake
PROPERTY: See Exhibits "A" in file scan for Parcel 28 Right of Way and Parcel 28-SE1
Slope Easement
The undersigned does hereby employ the law Office(s) of SHADDOCK LAW FIRM, P.C., for
the limited and specific purposes of document preparation. This preparation includes but is not
limited to the preparation of Deeds, Deeds of Trusts, Mortgages, Promissory Notes, Releases and
any other documents that are required and necessary in the closing of any real estate transactions.
These transactions include, but are not limited to, sales, exchanges, purchases, refinances or loan
of, or on real property described above in said legal and GF Number.
Any and all language regarding the conveyance or reservation of the minerals in the documents
prepared by SHADDOCK LAW FIRM, P.C. reflects the written instruction and request of the
parties to the transaction and Capital Title of Texas, LLC. The law offices of SHADDOCK LAW
FIRM, P.C. have not rendered an opinion regarding the use of this language.
The undersigned understands and agrees that the documents prepared by the law office of
SHADDOCK LAW FIRM, P.C. were prepared in accordance with the instructions of the lender,
if any, and of the parties to this transaction. No representations have been made by the law
offices of SHADDOCK LAW FIRM, P.C. as to the legal effects or tax consequences of these
documents or of the transaction described in the above referenced file. No representations have
been made as to whether the transaction described in the above referenced file complies with the
usury laws or of any other laws of the United States or any other state having jurisdiction over
this transaction. If one or more of the parties has requested on the use of a format other than the
one customarily used by Shaddock Law Firm, P.C., said party or parties undertake the
responsibility and liability that the document will meet statutory guidelines.
Disclaimer of representation or warranty: The undersigned understands that the law offices of
SHADDOCK LAW FIRM, P.C. has not conducted a title search on the property and makes no
representation or warranty about condition of title, access to the property, or any other matters
that might be revealed from an examination of title by the undersigned of the property itself or
that might be revealed through a survey of the property. The undersigned is cautioned to make
sure the deed to the buyer conveys the specific property the buyer has contracted to purchase.
It is understood and agreed by the undersigned that the law offices of SHADDOCK LAW FIRM,
P.C. are not employed for legal representation generally, or for any purpose in connection with
the transaction described in the above referenced file other than the preparation of documents as
stated above. The undersigned acknowledge that they have read, understood and hereby approve
the documents as prepared, and consent to the multiple representation above.
The undersigned hereby agree that no attomey /client privilege or relationship exists between
them and the law offices of SHADDOCK LAW FIRM, P.C. beyond the preparation of the above
described documents.
Please return ORIGINAL Attorney Representation Notice with invoice.
The City of Southlake The Rucker Family Trust
By: Rd 13 (C►,, \'
Name: i3M,,•d.�,., WeAse.e.. By: - Y �
Title: vv‘,4, t cE i ger sicker, Trustee
„pu,
ATTEST , o
��zHt ,,
Alicia Richardson, TR14 _ 3 T 3"
City Secretary " o •
c•
Older No. 13. 159218-99
AFFILIATED BUSINESS DISCLOSURE STATEMENT
Date: May 31, 2013
To: Buyer/Borrower. City of Southlake
Seller. The Rucker Family Trust
650 S Carroll Ave
Southlake, TX 76092
From: Capital Title of Texas, LLC - Southlake Blvd
Property: 1300 N White Chapel, Southlake, TX 76092
This is to give you notice that Capital Title of Texas, LLC - Southlake Boulevard (hereinafter Settlement -
Agent), has a business relationship with SHADDOCK LAW FIRM, P.C. (hereinafter Document
Preparation Provider). Document Preparation Provider may prepare legal documents for your transaction,
unless otherwise requested by you or your lender. Settlement Agent has an ownership Interest in
Document Preparation Provider. Because of this relationship, this referral may provide Settlement Agent a
financial or other benefit.
All fees charged for preparation of legal documents are set and controlled by Document Preparation
Provider, you may request an estimate from said fine. These fees or charges wit be paid directly to
Document Preparation Provider from the escrow related to your transaction.
You are NOT required to use the listed provider as a condition for Settlement Agents handling of your
transaction on 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.
ACKNOWLEDGMENT
I/we have read this disclosure form, and understand that Settlement Agent is referring me/us to purchase
the above - described settlement service(s) and may receive a financial or other benefit as the result of this
referral.
Buyer Seller
The City of Southlake The Rucker Family Trust
Name: Srn 81ed By: i
Title: 44n.r aJp,r ePres Temp. ri tucker, T tee
Contact information for Document Preparation Provider.
SHADDOCK LAW FIRM, P.C.
2400 N. Dallas Parkway, Suite 560
Plano, Texas 75093
Office: 972 - 526 - 7694
E -Fax.1 -866 -421 -4409
, ,,pfOrrsry
S N •
ATTEST ,.s
: fn'-
Alicia Richardson, TRMC u
City Secretary °' ° ° ° ° ° °°
Affiliated Business Disclosure - Doc Prep Page 1 or 1 Rev. 06103
Order No. 13-159218-SB
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
NOTICE TO PARTIES
(Pursuant to 24CFR3500,. Appendix "D')
To: Buyer/Borrower. City of Southlake
1400 Main Street, Suite 320
South lake, TX 76092
•
Seller. The Rucker Family Trust
650 S Carroll Ave
South lake, TX 78092
From: Capital Title of Texas, LLC
Property: TRACT 1
BEING a 0.0502 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706,
In the City of Southlake, Tarrant County, Texas and being a portion of a called 0.495 acre tract
conveyed to William W. Rucker and Zena Rucker, Trustees of the William W. Rucker and
Zena Rucker Family Trust (Rucker Family Trust) according to the Warranty Deed as recorded
in Volume 12591, Page 2263 of the Deed Records of Tarrant County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found for the northwest corner of the aforementioned Rucker
Family Trust tract, said comer being at an angle point in the west right -ot -way line of N. White
Chapel Boulevard (variable width right-of -way);
THENCE S 00° 43' 29" E (deed -N 00° 10' E), with the east line of said Rucker Family Trust
tract and said west right -of -way line of N. White Chapel Boulevard, 134.84 feet (deed -135.0
feet) to a 1 /2" iron rod found for the southeast comer of said Rucker Family Trust tract, said
comer also being the most easterly northeast comer of a called 7.61 acre tract conveyed to
Marguerite Elizabeth Fechtel Revocable Trust (Fechtel Revocable Trust) according to the
Warranty Deed as recorded in Instrument No. D206039011 of the Deed Records of Tarrant
County, Texas;
THENCE S 89° 06' 53" W (deed - EAST), departing said west right - of-way line of N. White
Chapel Boulevard and with the south line of said Rucker Family Trust tract and a north line of
said Fechtel Revocable Trust tract, 19.05 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, said curve having a central angle
of 04 47' 14 ", a radius of 978.00 feet, a tangent of 40.88 feet and a chord which bears N 01
46' 31" E, 81.69 feet;
THENCE, with said non - tangent curve to the left, an arc distance of 81.71 feet to a 1/2" iron rod
with plastic cap stamped "TX REG NO 100189 -00" set for comer,
THENCE N 00° 37' 06" W. 53.24 feet to a 1/2" Iron rod with plastic cap stamped 'TX REG NO
100189 -00" set for comer in the north line of said Rucker Family Trust tract and said west right-
of-way line of N. White Chapel Boulevard;
THENCE N 89 °06' 53" E (deed - WEST), with the north line of said Rucker Family Trust tract
and said west right -of -way line of N. White Chapel Boulevard, 15.39 feet to the POINT OF
BEGINNING and containing 0.0502 acres or 2,185 square feet of land, more or less.
TRACT 2 (EASEMENT)
BEING a 0.0311 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706,
in the City of Southlake, Tarrant County, Texas and being a portion of a called 0.495 acre tract
conveyed to Wlliiam W. Rucker and Zena Rucker, Trustees of the William W. and Zena
Rucker Family Trust, Dated November 19, 1996 {Rucker Family Trust) according to the
Warranty Deed as recorded in Volume 12591, Page 2263 of the Deed Records of Tarrant
County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2" iron rod found in the west right - of-way line of N. Whits Chapel
Boulevard (variable width right -of -way) for the southeast comer of said Rucker Family Trust
tract, said comer also being the most easterly northeast comer of the remainder of a called
7.51 acre tract conveyed to Marguerite Elizabeth Fechtel Revocable Trust (Fechtel Revocable
Affiliated Business Disclosure — Untied Tex Service Page 1 of 3 Rev. 06/03
Trust) according to the Warranty Deed as recorded in Instrument No. D206039011,
•
D.R.T.C.T.;
•
THENCE S 89° 06' 53" W (deed - EAST), departing said west right -of -way line of N. White
Chapel Boulevard and with the south line of said Rucker Family Trust tract and the most
easterly north line of said Fechtel Revocable Trust tract, 19.05 feet to a 1/2" iron rod with
plastic cap stamped 'TX REG NO 100189 -00" set for the POINT OF BEGINNING;
THENCE S 89° 06' 53" W (deed - EAST), continuing with the south line of said Rucker Family
Trust tract and the most easterly north line of said Fechtel Revocable Trust tract, 15.77 feet to
the beginning of a non - tangent curve to the left having a central angle of 02 07' 50 ", a radius of
961.00 feet, a tangent length of 17.87 feet and a chord which bears N 02° 10' 48" E. 35.73 feet
THENCE, departing the south line of said Rucker Family Trust tract and the most easterly
north line of said Fechtel Revocable Trust tract and with said non - tangent curve to the lett, an
arc distance of 35.74 feet
THENCE'S 88° 53' 07" E, 9.00 feat to the beginning of a non - tangent curve to the left having a
central angle of 01°43' 59", a radius of 970.00 feet, a tangent length of
14.67 feet and a chord which bears N 00° 14' 54" E, 29.34 feet
THENCE, with said non - tangent curve to the left, an arc distance of 29.34 feet;
THENCE N 00° 37' 06" W, 70.14 feet to north line of the aforementioned Rucker Family Trust
tract, said north line also being the south line of Lot 13-R5 of Lots 13R -1, 13R -2, 13R -3, 13R-4
and 13R-5, T.M. Hood #706 Addition. an addition to the City of Southlake, Texas according to
the plat thereof recorded in Cabinet A, Slide 10509 of the Plat
Records of Tarrant County, Texas;
THENCE N 89° 06' 53" E (deed - WEST), with the north line of said Rucker Family Trust tract
and with the south line of said Lot 13 -R5, passing at 1.38 feet a bent 1/2" iron rod found for the
southeast comer of said Lot 13 -R5, said comer being at an angle point in the aforementioned
west right-of -way line of N. White Chapel Boulevard, and
continuing with the north line of said Rucker Family Trust tract and said west right -of -way line of
N. White Chapel Boulevard a total distance of 8.00 feet to 1/2" iron rod
with plastic cap stamped "TX REG NO 100189 -00" set for an comer, from whence a 1/2" Iron
rod found tor the northwest comer of said Rucker Family Trust tract, at an angle point in said
west right -of -way line of N. White Chapel Boulevard, bears N 89° 06' 53" E (deed - WEST),
15.39 feet
•
THENCE S 00° 37' 06" E, departing the north line of said Rucker Family Trust tract and said
west right -of -way line of N. White Chapel Boulevard, 53.24 feet to a 1/2" Iron rod with plastic
cap stamped "TX REG NO 100189-00" set for the beginning of a tangent curve to the right
having a central angle of 04° 47' 14 ", a radius of 978.00 feet, a tangent length of 40.88 feet and
a chord which bears S 01° 46' 31" W, 81.69 feet
THENCE, with said non-tangent curve to the right, an arc distance of 81.71 feet to the POINT
OF BEGINNING and containing 0.0311 acres or 1,353 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.
Date: May 31, 2013
This is to give you notice that CAPITAL TITLE OF TEXAS, LLC ( "CTOT"), has a business relationship with
PREMIER SURVEYING, LLC, WILLOWBEND MORTGAGE, CAMBRIDGE INSURANCE AENCY, LLC,
UNITED TAX SERVICE and UNITED E- RECORDING, LLC, (referred to collectively as "Untied"), 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
CFNTr°), 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 ENT 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 requited 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 •
Witlowbend Mortgage
live have read this disclosure form and understand that CTOT is referring metus to purchase the above -
described settlement service and may receive a financial or other benefit as a result of this referral.
•
The City of South lake The Rucker Family Trust
B ar yc�.
Name: 3ea4attaoN BLedsaa. By:
Titre: tA& A wr 'Pine Tew+ - ucker, Trustee
, ,s U TH � �•.
ATTEST: • • °• F
a te.
Alicia Richardson, TRW,
City Secretary * *. n.•,`
AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES
GF #: 13- 159218 -SB
State of Texas
County of Tarrant
SUBJECT PROPERTY:
1300 N White Chapel
Southlake, TX 76092
See Exhibits "A" in file scan for Parcel 28 Right of Way and Parcel 28 -SE1 Slope Easement
BEFORE ME, the undersigned authority, on this day personally appeared: The Rucker Family
Trust, personally known to me to be the person(s) whose name is(are) subscribed hereto and
upon his(their) oath deposes and says:
The undersigned represent(s) to CAPITAL TITLE OF TEXAS, hereinafter the Company, to his,
her, their best knowledge that,
1. 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 7th day of June, 2013.
The Rucker Family Trust
By: L
ucker, Trustee
State of Texas
County of Tarrant
This instrument was acknowledged before me, this 7th day of June, 2013 by Zena Rucker,
Trustee of the Rucker Family Trust.
Not Public, State of Texas
Notary's Printed Name
�� P GAYLE GIEBELSTEIN My Commission Expires:
Notary Public
�` * State of Texas
�' �v Comm. Expires 04 -13 -2016
• Capital Title of Texas, LLC - Southlake Blvd
Ca pi tal Title 100 S. Village Center Drive
Southlake, TX 76092
Phone 817 - 329 -8989 Fax 817 - 329 -8282
OWNER POLICY OF TITLE INSURANCE TRANSMITTAL
November 6, 2013
City of Southlake
1400 Main Street, Suite 320
Southlake, TX 76092
RE: Order No.: 13- 159218 -SB
Buyer /Borrower(s): City of Southlake
Sellers(s): The Rucker Family Trust
Property Address: 1300 N White Chapel, 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- 159218 -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 Wide Web site at: http: / /www.stewart.com
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
- stewart ®
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, contractors, 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:
* f l d f
titer guaranty comp -any
Senior Chairman of tile Board
Authorized Countersignature
Capital Title of Texas, LLC - Southlake
Boulevard 40/0
Company *„ear Chairman of the Board
1 }0* ¢'s"
Southlake, TX eav
�J r
City, State : ` .'': -- f -
Presdent
IpokeySenal 0- 5991 - 000089816 I
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.
I Page 2 of
Policy Serial 0- 5991 - 000089816
CONDITIONS
1. DEFINITION OF TERMS. transfer or conveyance of the Title. This policy shall not continue in
The following terms when used in this policy mean: force in favor of any purchaser from the Insured of either (i) an estate or
(a) "Amount of Insurance": the amount stated in Schedule A, as interest in the Land, or (ii) an obligation secured by a purchase money
may be increased or decreased by endorsement to this policy, Mortgage given to the Insured.
increased by Section 8(b), or decreased by Sections 10 and 11 of 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
these Conditions.
The Insured shall notify the Company promptly in writing (i) in case of
(b ) "Date of Policy": The date designated as "Date of Policy" in
Schedule A. any litigation as set forth in Section 5(a) below, or (ii) in case Knowledge
(c) "Entity ": A corporation, partnership, trust, limited liability shall come to an Insured hereunder of any claim of title or interest that
company or other similar legal entity. is adverse to the Title, as insured, and that might cause loss or damage
(d) "Insured ": the Insured named in Schedule A. for which the Company may be liable by virtue of this policy. If the
(i) The term "Insured" also includes: Company is prejudiced by the failure of the Insured Claimant to provide
(A) successors to the Title of the Insured by operation prompt notice, the Company's liability to the Insured Claimant under the
of law as distinguished from purchase, including heirs, devisees, Policy shall be reduced to the extent of the prejudice.
survivors, personal representatives or next of kin; When, after the Date of the Policy, the Insured notifies the Company as
(B) successors to an Insured by dissolution, merger, required herein of a lien, encumbrance, adverse claim or other defect in
consolidation, distribution or reorganization; Title insured by this policy that is not excluded or excepted from the
(C) successors to an Insured by its conversion to coverage of this policy, the Company shall promptly investigate the
another kind of Entity; charge to determine whether the lien, encumbrance, adverse claim or
(D) a grantee of an Insured under a deed delivered defect or other matter is valid and not barred by law or statute. The
without payment of actual valuable consideration conveying the Title; Company shall notify the Insured in writing, within a reasonable time, of
(1) If the stock, shares, memberships, or other its determination as to the validity or invalidity of the Insured's claim or
equity interests of the grantee are wholly -owned by the named Insured, charge under the policy. If the Company concludes that the lien,
(2) If the grantee wholly owns the named encumbrance, adverse claim or defect is not covered by this policy, or
Insured, was otherwise addressed in the closing of the transaction in connection
(3) If the grantee is wholly -owned by an affiliated with which this policy was issued, the Company shall specifically advise
Entity of the named Insured, provided the affiliated Entity and the the Insured of the reasons for its determination. If the Company
named Insured are both wholly -owned by the same person or Entity, or concludes that the lien, encumbrance, adverse claim or defect is valid,
(4) If the grantee is a trustee or beneficiary of a the Company shall take one of the following actions: (i) institute the
trust created by a written instrument established by the Insured named necessary proceedings to clear the lien, encumbrance, adverse claim
in Schedule A for estate planning purposes. or defect from the Title as insured; (ii) indemnify the Insured as provided
(ii) With regard to (A), (B), (C) and (D) reserving, however, in this policy; (iii) upon payment of appropriate premium and charges
all rights and defenses as to any successor that the Company would therefor, issue to the Insured Claimant or to a subsequent owner,
have had against any predecessor Insured. mortgagee or holder of the estate or interest in the Land insured by this
(e) "Insured Claimant ": an Insured claiming loss or damage. policy, a policy of title insurance without exception for the lien,
(f) "Knowledge" or "Known ": actual knowledge, not constructive encumbrance, adverse claim or defect, said policy to be in an amount
knowledge or notice that may be imputed to an Insured by reason of equal to the current value of the Land or, if a mortgagee policy, the
the Public Records or any other records that impart constructive notice amount of the loan; (iv) indemnify another title insurance company in
of matters affecting the Title. connection with its issuance of a policy(ies) of title insurance without
(g) "Land ": the land described in Schedule A, and affixed exception for the lien, encumbrance, adverse claim or defect; (v) secure
improvements that by law constitute real property. The term "Land" a release or other document discharging the lien, encumbrance,
does not include any property beyond the lines of the area described in adverse claim or defect, or (vi) undertake a combination of (i) through
Schedule A, nor any right, title, interest, estate or easement in abutting (v) herein.
streets, roads, avenues, alleys, lanes, ways or waterways, but this does 4. PROOF OF LOSS.
not modify or limit the extent that a right of access to and from the Land In the event the Company is unable to determine the amount of loss or
is insured by this policy. damage, the Company may, at its option, require as a condition of
(h) "Mortgage ": mortgage, deed of trust, trust deed, or other payment that the Insured Claimant furnish a signed proof of loss. The
security instrument, including one evidenced by electronic means proof of loss must describe the defect, lien, encumbrance or other
authorized by law. matter insured against by this policy that constitutes the basis of loss or
(i) "Public Records ": records established under state statutes at damage and shall state, to the extent possible, the basis of calculating
Date of Policy for the purpose of imparting constructive notice of the amount of the loss or damage.
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 5. DEFENSE AND PROSECUTION OF ACTIONS.
clerk of the United States District Court for the district where the Land is (a) Upon written request by the Insured, and subject to the
located. options contained in Sections 3 and 7 of these Conditions, the
(j) "Title ": the estate or interest described in Schedule A. Company, at its own cost and without unreasonable delay, shall provide
(k) "Unmarketable Title ": Title affected by an alleged or apparent for the defense of an Insured in litigation in which any third party asserts
matter that would permit a prospective purchaser or lessee of the Title a claim covered by this policy adverse to the Insured. This obligation is
or lender on the Title to be released from the obligation to purchase, limited to only those stated causes of action alleging matters insured
lease or lend if there is a contractual condition requiring the delivery of against by this policy. The Company shall have the right to select
marketable title. 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
2. CONTINUATION OF INSURANCE. of action. It shall not be liable for and will not pay the fees of any other
The coverage of this policy shall continue in force as of Date of Policy counsel. The Company will not pay any fees, costs or expenses
in favor of an Insured, but only so long as the Insured retains an estate incurred by the Insured in the defense of those causes of action that
or interest in the Land, or holds an obligation secured by a purchase allege matters not insured against by this policy.
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
I Page 3 of
Policy Serial 0- 5991 - 000089816
1
CONDITIONS Continued
(b) The Company shall have the right, in addition to the options To pay or tender payment of the Amount of Insurance under this
contained in Sections 3 and 7, at its own cost, to institute and policy together with any costs, attorneys' fees and expenses incurred by
prosecute any action or proceeding or to do any other act that in its the Insured Claimant that were authorized by the Company up to the
opinion may be necessary or desirable to establish the Title, as time of payment or tender of payment and that the Company is
insured, or to prevent or reduce loss or damage to the Insured. The obligated to pay.
Company may take any appropriate action under the terms of this Upon the exercise by the Company of this option, all liability and
policy, whether or not it shall be liable to the Insured. The exercise of obligations of the Company to the Insured under this policy, other than
these rights shall not be an admission of liability or waiver of any to make the payment required in this subsection, shall terminate,
provision of this policy. If the Company exercises its rights under this including any liability or obligation to defend, prosecute, or continue any
subsection, it must do so diligently. litigation.
(c) Whenever the Company brings an action or asserts a (b) To Pay or Otherwise Settle With Parties Other than the
defense as required or permitted by this policy, the Company may Insured or With the Insured Claimant.
pursue the litigation to a final determination by a court of competent (i) to pay or otherwise settle with other parties for or in the
jurisdiction and it expressly reserves the right, in its sole discretion, to name of an Insured Claimant any claim insured against under this
appeal from any adverse judgment or order. policy. In addition, the Company will pay any costs, attorneys' fees and
expenses incurred by the Insured Claimant that were authorized by the
6. DUTY OF INSURED CLAIMANT TO COOPERATE. Company up to the time of payment and that the Company is obligated
(a) In all cases where this policy permits or requires the to pay; or
Company to prosecute or provide for the defense of any action or (ii) to pay or otherwise settle with the Insured Claimant the
proceeding and any appeals, the Insured shall secure to the Company loss or damage provided for under this policy, together with any costs,
the right to so prosecute or provide defense in the action or proceeding, attorneys' fees and expenses incurred by the Insured Claimant that
including the right to use, at its option, the name of the Insured for this were authorized by the Company up to the time of payment and that the
purpose. Whenever requested by the Company, the Insured, at the Company is obligated to pay. Upon the exercise by the Company of
Company's expense, shall give the Company all reasonable aid (i) in either of the options provided for in subsections (b)(i) or (ii), the
securing evidence, obtaining witnesses, prosecuting or defending the Company's obligations to the Insured under this policy for the claimed
action or proceeding, or effecting settlement, and (ii) in any other lawful loss or damage, other than the payments required to be made, shall
act that in the opinion of the Company may be necessary or desirable terminate, including any liability or obligation to defend, prosecute or
to establish the Title or any other matter as insured. If the Company is continue any litigation.
prejudiced by the failure of the Insured to furnish the required 8. DETERMINATION AND EXTENT OF LIABILITY.
cooperation, the Company's obligations to the Insured under the policy This policy is a contract of indemnity against actual monetary loss or
shall terminate, including any liability or obligation to defend, prosecute, damage sustained or incurred by the Insured Claimant who has
or continue any litigation, with regard to the matter or matters requiring suffered loss or damage by reason of matters insured against by this
such cooperation. policy.
(b) The Company may reasonably require the Insured Claimant (a) The extent of liability of the Company for loss or damage
to submit to examination under oath by any authorized representative under this policy shall not exceed the lesser of:
of the Company and to produce for examination, inspection and (i) the Amount of Insurance; or
copying, at such reasonable times and places as may be designated (ii) the difference between the value of the Title as insured
by the authorized representative of the Company, all records, in and the value of the Title subject to the risk insured against by this
whatever medium maintained, including books, ledgers, checks, policy.
memoranda, correspondence, reports, e- mails, disks, tapes, and (b) If the Company pursues its rights under Section 3 or 5 and is
videos whether bearing a date before or after Date of Policy, that unsuccessful in establishing the Title, as insured,
reasonably pertain to the loss or damage. Further, if requested by any (i) the Amount of Insurance shall be increased by 10 %, and
authorized representative of the Company, the Insured Claimant shall (ii) the Insured Claimant shall have the right to have the loss
grant its permission, in writing, for any authorized representative of the or damage determined either as of the date the claim was made by the
Company to examine, inspect and copy all of these records in the Insured Claimant or as of the date it is settled and paid.
custody or control of a third party that reasonably pertain to the loss or (c) In addition to the extent of liability under (a) and (b), the
damage. All information designated as confidential by the Insured Company will also pay those costs, attorneys' fees and expenses
Claimant provided to the Company pursuant to this Section shall not be incurred in accordance with Sections 5 and 7 of these Conditions.
disclosed to others unless, in the reasonable judgment of the g_ LIMITATION OF LIABILITY.
Company, it is necessary in the administration of the claim. Failure of (a) If the Company establishes the Title, or removes the alleged
the Insured Claimant to submit for examination under oath, produce defect, lien or encumbrance, or cures the lack of a right of access to or
any reasonably requested information or grant permission to secure from the Land, all as insured, or takes action in accordance with
reasonably necessary information from third parties as required in this Section 3 or 7, in a reasonably diligent manner by any method,
subsection, unless prohibited by law or governmental regulation, shall including litigation and the completion of any appeals, it shall have fully
terminate any liability of the Company under this policy as to that claim. performed its obligations with respect to that matter and shall not be
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; liable for any loss or damage caused to the Insured.
TERMINATION OF LIABILITY. (b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall have no
In case of a claim under this policy, the Company shall have the liability for loss or damage until there has been a final determination by
following additional options: a court of competent jurisdiction, and disposition of all appeals,
(a) To Pay or Tender Payment of the Amount of Insurance. adverse to the Title, as insured.
I Page tc y Se 4 Serial 0-5991-000089816
1
CONDITIONS Continued
(c) The Company shall not be liable for loss or damage to the Insured be arbitrated only when agreed to by both the Company and the
for liability voluntarily assumed by the Insured in settling any claim or Insured. Arbitration pursuant to this policy and under the Rules shall be
suit without the prior written consent of the Company. binding upon the parties. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court of competent jurisdiction.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
All payments under this policy, except payments made for costs, CONTRACT.
attorneys' fees and expenses, shall reduce the Amount of Insurance by (a) This policy together with all endorsements, if any, attached to
the amount of the payment. 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
11. LIABILITY NONCUMULATIVE. shall be construed as a whole.
The Amount of Insurance shall be reduced by any amount the (b) Any claim of loss or damage that arises out of the status of
Company pays under any policy insuring a Mortgage to which the Title or by any action asserting such claim, shall be restricted to this
exception is taken in Schedule B or to which the Insured has agreed, policy.
assumed, or taken subject or which is executed by an Insured after (c) Any amendment of or endorsement to this policy must be in
Date of Policy and which is a charge or lien on the Title, and the writing and authenticated by an authorized person, or expressly
amount so paid shall be deemed a payment to the Insured under this incorporated by Schedule A of this policy.
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.
12. PAYMENT OF LOSS. Except as the endorsement expressly states, it does not (i) modify any
of the terms and provisions of the policy, (ii) modify any prior
When liability and the extent of loss or damage have been definitely endorsement, (iii) extend the Date of Policy or (iv) increase the Amount
fixed in accordance with these Conditions, the payment shall be made of Insurance. Each Commitment, endorsement or other form, or
within 30 days. 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
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. regardless of whether the term is capitalized in the Commitment,
(a) Whenever the Company shall have settled and paid a claim endorsement or other form, or Schedule. Each Commitment,
under this policy, it shall be subrogated and entitled to the rights of the endorsement or other form, or provision in the Schedules that refers to
Insured Claimant in the Title and all other rights and remedies in the Conditions and Stipulations shall be deemed to refer to the
respect to the claim that the Insured Claimant has against any person Conditions of this policy.
or property, to the extent of the amount of any loss, costs, attorneys'
fees and expenses paid by the Company. If requested by the 16. SEVERABILITY.
Company, the Insured Claimant shall execute documents to evidence In the event any provision of this policy, in whole or in part, is held
the transfer to the Company of these rights and remedies. The Insured invalid or unenforceable under applicable law, the policy shall be
Claimant shall permit the Company to sue, compromise or settle in the deemed not to include that provision or such part held to be invalid and
name of the Insured Claimant and to use the name of the Insured all other provisions shall remain in full force and effect.
Claimant in any transaction or litigation involving these rights and
remedies. 17. CHOICE OF LAW; FORUM.
If a payment on account of a claim does not fully cover the loss of the (a) Choice of Law: The Insured acknowledges the Company has
Insured Claimant, the Company shall defer the exercise of its right to underwritten the risks covered by this policy and determined the
recover until after the Insured Claimant shall have recovered its loss. premium charged therefore in reliance upon the law affecting interests
(b) The Company's right of subrogation includes the rights of the in real property and applicable to the interpretation, rights, remedies or
Insured to indemnities, guaranties, other policies of insurance or enforcement of policies of title insurance of the jurisdiction where the
bonds, notwithstanding any terms or conditions contained in those Land is located.
instruments that address subrogation rights. Therefore, the court or an arbitrator shall apply the law of the
14. ARBITRATION. jurisdiction where the Land is located to determine the validity of claims
Either the Company or the Insured may demand that the claim or against the Title that are adverse to the Insured, and in interpreting and
controversy shall be submitted to arbitration pursuant to the Title enforcing the terms of this policy. In neither case shall the court or
Insurance Arbitration Rules of the American Land Title Association arbitrator apply its conflicts of laws principles to determine the
( "Rules "). Except as provided in the Rules, there shall be no joinder or applicable law.
consolidation with claims or controversies of other persons. Arbitrable (b) Choice of Forum: Any litigation or other proceeding brought
matters may include, but are not limited to, any controversy or claim by the Insured against the Company must be filed only in a state or
between the Company and the Insured arising out of or relating to this federal court within the United States of America or its territories having
policy, any service in connection with its issuance or the breach of a appropriate jurisdiction.
policy provision, or to any other controversy or claim arising out of the 18. NOTICES, WHERE SENT.
transaction giving rise to this policy. All arbitrable matters when the Any notice of claim and any other notice or statement in writing
Amount of Insurance is $2,000,000 or less shall be arbitrated at the required to be given the Company under this Policy must be given to
option of either the Company or the Insured, unless the Insured is an the Company P.O. Box 2029, Houston, Texas 77252 -2029.
individual person (as distinguished from an Entity). All arbitrable
matters when the Amount of Insurance is in excess of $2,000,000 shall
title guaranty company
I Page 5 of
Policy Serial 0- 5991 - 000089816
1
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- 159218 -SB Policy No.: 0 -5991- 000089816
Address for Reference only: 1300 N White Chapel, Southlake, TX 76092
Amount of Insurance: $60,000.00 Premium: $593.00
Date of Policy: June 10, 2013, at 01:08 pm
1. Name of Insured: City of Southlake, a municipal corporation of Tarrant County, Texas
2. The estate or interest in the Land that is insured by this policy is: Easement Estate created by that certain Permanent
Right -of -Way Agreement by and between The Rucker Family Trust and City of Southlake, a municipal corporation of
Tarrant County, Texas, dated June 7, 2013, recorded in CC# D213147353, Real Property Records, Tarrant County,
Texas.
3. Title is insured as vested in: City of Southlake, a municipal corporation of Tarrant County, Texas
4. The Land referred to in this policy is described as follows:
BEING a 0.0502 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, in the City of
Southlake, Tarrant County, Texas and being a portion of a called 0.495 acre tract conveyed to William W. Rucker
and Zena Rucker, Trustees of the William W. Rucker and Zena Rucker Family Trust (Rucker Family Trust)
according to the Warranty Deed as recorded in Volume 12591, Page 2263 of the Deed Records of Tarrant County,
Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found for the northwest corner of the aforementioned Rucker Family Trust tract,
said corner being at an angle point in the west right -ot -way line of N. White Chapel Boulevard (variable width right -
of -way);
THENCE S 00° 43' 29" E (deed -N 00° 10' E), with the east line of said Rucker Family Trust tract and said west right -
of -way line of N. White Chapel Boulevard, 134.84 feet (deed -135.0 feet) to a 1/2" iron rod found for the southeast
corner of said Rucker Family Trust tract, said corner also being the most easterly northeast corner of a called 7.61
acre tract conveyed to Marguerite Elizabeth Fechtel Revocable Trust (Fechtel Revocable Trust) according to the
Warranty Deed as recorded in Instrument No. D206039011 of the Deed Records of Tarrant County, Texas;
THENCE S 89° 06' 53" W (deed- EAST), departing said west right -of -way line of N. White Chapel Boulevard and
with the south line of said Rucker Family Trust tract and a north line of said Fechtel Revocable Trust tract, 19.05 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, said curve having a central angle of 04° 47' 14 ", a radius
of 978.00 feet, a tangent of 40.88 feet and a chord which bears N 01° 46' 31" E, 81.69 feet;
THENCE, with said non - tangent curve to the left, an arc distance of 81.71 feet to a 1/2" iron rod with plastic cap
stamped "TX REG NO 100189 -00" set for corner;
THENCE N 00° 37' 06" W. 53.24 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set for
corner in the north line of said Rucker Family Trust tract and said west right -of -way line of N. White Chapel
Boulevard;
THENCE N 89 °06' 53" E (deed - WEST), with the north line of said Rucker Family Trust tract and said west right -of-
way line of N. White Chapel Boulevard, 15.39 feet to the POINT OF BEGINNING and containing 0.0502 acres or
2,185 square feet of land, more or less.
FORM T -1: Owner's Policy of Title Insurance Page 1
Continuation of Schedule A Policy No. 0 -5991- 000089816
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.
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- 159218 -SB Policy No.: 0 -5991- 000089816
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:
1. 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.
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, and subsequent years; and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas
Tax Code, or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert
matters or delete this exception.):
a. 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- 000089816
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. Oil, Gas and Mineral Lease executed by The William W. and Zena Rucker Family Trust to Chesapeake
Exploration, LLC, filed April 29, 2009, recorded in CC #D209113161, Real Property Records, Tarrant County,
Texas. The Company makes no representation as to the present ownership of this interest.
h. Temporary Construction Easement created in instrument executed by The Rucker Family Trust to the City of
Southlake, Texas, dated June 7, 2013, filed June 10, 2013, recorded in CC# D213147354, Real Property
Records, Tarrant County, Texas.
Countersigned
Capital Title of Texas, LLC - Southlake Boulevard
6141 4
By —
Authorized Signatory
FORM T -1: Owner's Policy of Title Insurance Page 4
GF No. 13- 159218 -SB
Stewart Title Guaranty Company
Owner's Policy No.: 0 -5991- 000089816
Premium Amount Rate Rules Property County Liability Date
Type Code
1 2 3 4 5 6 7 8
$593.00 1000 2 439 $60,000.00 06/10/2013