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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 ' ,..0,,,,„ r,A. .......... LE • 11 470 .1' 11h, IEBEISTEI No tary Publ State of texas � .... . i c ; - 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