Thomas M. Hood Survey, Abstract No. 706 (1160 N. White Chapel Blvd)- ROW CITY OF
SOUTHLAKE
Public Works Administration
1400 Main Street 1 Suite 320 1 Southlake, Texas 76092 1 (p) 817- 748 -8098 1 (f) 817 - 748 -8077
May 16, 2013
[Certified Mail, Return Receipt Requested
# 7010 0290 0002 2574 6483]
Kyle Bush
1160 N. White Chapel Blvd
Southlake, Texas 76092
Re: FINAL OFFER: 1160 N. White Chapel Blvd, Southlake, Texas
City of Southlake Road Widening Project
A 2,818 square foot (.0647 acre) Permanent Right -of -Way and a
1,224 sq. ft. temporary Construction Easement being located in the
THOMAS M. HOOD SURVEY, abstract No. 706 in the City of
Southlake, Tarrant County, Texas
Dear Mr. Bush:
The City of Southlake (City) is in the process of acquiring the permanent right -of -way necessary
for the Widening of White Chapel Blvd. which is needed to serve the existing development in
the City, and is necessary to serve the public health, safety and welfare. Because the City's
negotiations to purchase the above referenced right -of -way, and temporary construction
easement, have been successful to date, a final offer is being submitted.
• The acquisition of 2,818 sq. ft. of right of way = $14,100
• Damages to the property = $16,500
• Temporary Construction Easement = $ 1,200
• Offer increase of 10% due to ROW impact on remainder = $ 3,200
(rounded) Total: $35,000
The City has previously provided you with a copy of the City's appraisal report on the above -
referenced property and the Landowners Bill of Rights.
The total appraised value for the permanent right -of -way taking and the temporary construction
easement needed by the City for this project is $35,000. The City Council has authorized me to
make a final offer of $35,000. All closing costs will be born by the purchaser.
Innovation • hucgtits • Accouncibilitc • Commiancnttolaccllcncc • Icsmaork
Kyle Bush Page 2 of 2
May 16, 2013
During the construction process, a temporary eight foot screening fence will be installed. This
fence will be made of chain link and covered with black construction material as to block the
view of your property. All sprinkler heads in the construction easement will be capped during the
construction and reconnected at the end of the project. This construction easement is for a period
of two years.
The City would prefer to resolve this matter with you by agreement; however, if the offer is not
accepted, or we have not heard from you by May 30, 2013, the City will move forward with
condemnation through the City's power of eminent domain.
We hope you will give this offer serious consideration. If in agreement, please sign the offer
letter and return it to the City of Southlake in the attached envelope. If you have any questions,
or wish to discuss this matter or the City's offer in more detail, please do not hesitate to 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,../ day of /"1 ,2013
SELLER:
KYLE BUS
Byf Ati Yada
1 60 N. ' ite Chapel Blvd
Southlake, Texas 76092
Intc r ite • Innovation • Accountability • Commitment to Excelle • Teamwork
Electronically Recorded Tarrant County Texas
Official Public Records 9/20/2013 12.14 PM D213248383
PGS 5 $32.00
f371;01`
Capital Tale i Submitter E PARTNERS
G F# !3- t5gr 9s�s�
PERSON, YOU MAY REMOVE OR STRIKE ANY O OF THE s 40 4 1 G
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 SOUTH:LAKE
PERMANENT RIGHT -OF -WAY
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
That KYLE BUSH, acting by and through the tmdersigned, 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
SOLTTHLAKE., a mtinicipal corporation of Taaant 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 0:At-tries 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
Axhibit "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 thertot by, through or under GRANTOR, but not
otherwise.
WITNESS MY HAND, this the 20day ofS Pralgrit013.
By: 1jL./ 1 -
Nme• , SH
STATE OF TEXAS
COUNTY OF TARRANT
Before me, THE UNDERSIGNED AUTHORITY, IN AND FOR THE State of Texas, an
this day personally appeared KYLE BUSH, known 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 opacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF ohtucE, this theC day of
31 ariby 2013.
No. k. •lie in and for the State of Texas
My Commission Expires
•
•
•
•
Capital Title NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
G F# /3-/ y'c/.- S1Cii , 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 KYLE BUSH, 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 20day ofSt` P A013.
By: JtLd at1 •
N me. E, SH
STATE OF TEXAS
COUNTY OF TARRANT
Before me, THE UNDERSIGNED AUTHORITY, IN AND FOR THE State of Texas, on
this day personally appeared KYLE BUSH, known 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this theO day of
2013.
No ublic in and for the State of Texas
My Commission Expires:
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, in and for the State of Texas, on this day personally
appeared KYLE BUSH known to me, or proved to me through p r t V C1S (s __ - (describe the
identity card or other document), to be the same person whose name is subscribed to the foregoing
document and acknowledged to me that he executed the same for the purposes and consideration therein
expressed and in the capacity stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this") day of/ , 2013.
i Q * State of Texas
GAYLE NOtary GIEBELSTE Pub�1C
Nota u State of Texas
f "n
SEAL " ,1
� + rF�F c! My Comm. Expires 04 13 2016 ; Name of Notary Printed
Notary's Commission Expires
Page 2
EXHIBIT "A" /
RIGHT -OF -WAY ACQUIS1110N
0.0647 ACRES /2, 818 SQ. FT. PARCEL.
A PORTION THE KYLE BUSH TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
DESCRIPTION
BEING a 0.0647 acre tract of land situated in the Thomas M.
Hood Survey, Abstract No. 706, in the City of Southloke,
Tarrant County, Texas, being a portion of a called 0.26 acre
tract conveyed to Kyle Bush according to the General
Warranty Deed with Vendor's Lien os recorded in Instrument
No. D207059436 of the Official Public Records of Tarrant
County, Texas (0.P.R.T.C.T.), and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with plastic cop stomped "TX
REG NO 100189 -00" set for the northeost corner of the
aforementioned Kyle Bush tract, soid corner being in the
west right —of —way line of N. White Chapel Boulevard
(variable width right —of —way) and also being the southeast
corner of those certain tracts of land devised to James
Clifford Wood, Jr. according to the Last Will and Testament
of James Clifford Wood as recorded in Instrument
No.D197212230 of the Deed Records of Tarrant County, Texas;
THENCE S 00'18'08" E (deed —S 01'37' E), with said west right —
of —way line of N. White Chapel Boulevard and the east line
of said Kyle Bush tract, 75.90 feet to o 1/2" iron rod with
plastic cap stamped "TX REG NO 100189 -00" set for the
southeast corner of said Kyle Bush troct, said southeast
corner also being the most eosterly northeast corner of a
called 1.38 acre tract conveyed to Michael A. Smith and
Natasha C. Smith according to the General Warranty Deed as
recorded in Instrument No. D211297834, 0.P.R.T.C.T., from
whence a 1/2" iron rod found tor the southeast corner of
said Smith tract bears S 00'18'08" E, 78.42 feet;
THENCE S 89'15'03" W (deed— WEST), departing said west right —
of—woy line of N. White Chapel Boulevard and with the south
line of said Kyle Bush tract and the most southerly north
line of said Smith tract, 35.46 feet to a 1/2" iron rod with
plastic cap stomped "TX REG NO 100189 -00" set for corner;
THENCE N 02'54'42" W, departing the south line of said Kyle
Bush tract and the most southerly north line of soid Smith
tract, 75.71 feet to o 1/2" iron rod with plastic cop
stamped "TX REG NO 100189 -00" set for corner in the north
line of said Kyle Bush tract, said north line also being the
south line of the aforementioned James Clifford Wood, Jr.
tract, from whence a 1/2" iron rod found for the common
southwest corner of said Wood tract and the most northerly
northwest corner of said Smith tract bears S 88'53'17" W
(deed —N 89'40' E), 356.90 feet;
..\ V NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
TBPE FIRM REG. NO. F -356
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 17, 2012
Two Pork Lane Place / 8080 Park Lane / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 -4741 08- 10 -076.B
8076— P3— ROW.dwg
EXHIBIT "A"
RIGHT- OF-WAY ACQUISITION
0.0647 ACRES /2,818 SQ. FT. PARCEL
A PORTION OF THE KYLE BUSH TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOU7HLAKE, TARRANT COUNTY, TEXAS
THENCE N 88'53'17" E (deed —N 89'40' E), with the north Tine
of said Kyle Bush tract and the south line of said Wood
tract, 38.91 feet to the POINT OF BEGINNING and containing
0.0647 acres or 2,818 square feet of land, more or less.
Fe' ' ' ANNN / • IER CONSULTING ENGINEERS, INC. � � 1 Z , ;TE . +
� �
•'V L. Melton, R.P.L.S. No. 4268 / JOHN L. MELTON
egistered Professional Land Surveyor \ C ie 9 O # 426$ Q:. f
„, R �SfL ti0 A Q r
Sup
NOTES:
Bearings for this survey are based on the Western Data
Systems Texas Cooperative Network and ore referenced to
NAD83 State Plone 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, encumbronces,
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 reseorch for easements was performed by Nathan D.
Maier Consulting Engineers, Inc. in the preparation of this
survey.
..\D NATHAN O. MAIER CONSULTING ENGINEERS, INC. PAGE 2 OF 3
TBPE FIRM REG. NO. F -356
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 17, 2012
Two Park Lone Place / 8080 Pork Lane / Suite 600 08 -10 -076.8
Dallas, Texas 75231 / Ph. (214) 739 -4741 8076 —P3— ROW.dwg
1 EXHIBIT N A
RIGHT- OF-WAY ACQUISITION
0.0647 ACRES /2,818 SQ. FT. PARCEL
A POR770N OF 7HE KYLE BUSH TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
JAMES CLIFFORD WOOD, JR. � IX
INST. NO. D197212230
—t D.R, T,C. L
(LAST WILL AND TESTAMENT NORTH
OF JAMES CLIFFORD 14000)
SCALE: 1 60'
(DEED-Al 89'40' E)
N 8853'17" E
38.91'
1/2" Nis POINT OF
(DEED -N 89'40' E) W/CAP
S 8853 w 356.90' BEGINNING
3 , / W I/2" PS 44/CAP
V O 1 O 3/4" ALUM. MONT.
BUSH :- �e Qr .O o STAMPED "pry OF
INST. 0207059436 ^ ^ 0) % 03 C10 LAK
NP.R. 26"
CALLED 0.26 ACRES ^ � � j 0 %
GEODETIC
/8 ( ;O 0
z A.,,■-• /y F-1/2 IRS
1/2" IRS 1 W /CAP
14/CAP IN
MICHAEL A. SMITH AND (DEED -WEST) n �
INS 0211 SMITH a S 8975'03" : o`
aP.R T.c.T. 3546' Q
Q
CALLED 1.38 ACRES o
co 1 4
^
& � a
1/2" IRF y m G
J3 y
ABBRE 4A770N LEGEND a W o Q
D.R. T.C. T. DEED RECORDS OF TARRANT Q i Al
COUNTY, TEXAS
aP. R. T.C. T. OFFICIAL PUBLIC RECORDS OF Z (0
TARRANT COUNTY. TEXAS 0
P. R, T.. C T, PLAT RECORDS OF TARRANT Q '
COUNTY, TEXAS
CAB.. SLIDE CABINET. SUDE BARBARA ANN PA TY
Q
INST. NO. INSTRUMENT NUMBER (FORMERLY BARBARA ANN HARTZ)
VOL.. PC. VOLUME, PAGE VOL, 7632, PC. 2174
C.L. CENTERUNE D.R.1 CT,
ESMT. EASEMENT CALLED 3.065 ACRES
R.O.W. RIGHT -OF -WAY
50. FT. SOUAR£ FEET
IRF IRON ROD FOUND
IPF IRON PIPE FOUND
IRS W/CAP IRON ROD SET WITH PLASI1C
CAP STAMPED 'TX REG NO
100189 -00"
.....\ D V NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 3
TBPE FIRM REG. NO. F -356
TOPLS FIRM REG. NO. 100189 -00 OCTOBER 17, 2012
Two Pork Lone Place / 8080 Pork Lone / Suite 600
Dallas. Texas 75231 / Ph. (214) 739 -4741 08- 10 -076.B
8076— P3— ROW.dwg
PURCHASER'S STATEMENT
Date: September 18, 2013 GFNo: 13- 159194 -SB
Sale From: Kyle Bush To: City of Southlake
1160 N White Chapel Blvd. 1400 Main Street, Suite 320
Southlake, TX 76092 Southlake, TX 76092
Property: See Exhibit "A "s for Parcel 19 Right of Way Acquisition and Parcel 19 -SE Temporary Construction Easement
1160 N White Chapel Blvd.
Southlake, TX 76092
Purchase Price — - — — - - — $35,000.00
Plus: Charges
Record Right of Way - $32.00
Fees to Capital Title of Texas-- ___ -._ - -- --------------------------- - - - - -- $750.00
Escrow to Capital Title of Texas__ ___ _ _$750.00
Tax Certificate to United Tax Service, Inc.__. ..... ..----.......... -----............ -----............... _________ ......... -----...... _______ $59.80
Attorney's Fees to Shaddock & Associates, P.C. -- _______ ........... - - - - - - -- --------- ----- --------- - -- ----- - - - - -- - - - - - -- ......$
Guaranty Fee to Texas Title Insurance Guaranty Association ------ _----------- . -__ -- - —_ -- _.._..
E- Recording Fee to United eRecording ___________....--------- ___ - -- -------------- - - - - -- $18.00
Title Insurance to Capital Title of Texas— ......... _....... _______ -- _ - -- $415.00
Single Issue to Capital Title of Texas__ ____. $415.00
Total Charges - - - $1,351.80
Gross Amount Due By Purchaser_ _..__ S36,351.80
Less: Credits
Total Credits - — $0.00
Balance Due by Purchaser__ S16 .351,8Q
Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources
and cannot guarantee the accuracy thereof The lender involved may be furnished a copy of this statement.
Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for the current
year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct
The undersigned hereby authorizes Capital Title of Texas, LLC - Southlake Boulevardto make expenditure and disbursements as shown above and approves same for
payment The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement
Capital Title of Texas, LLC - Southlake Boulevard
The City of Southlake
By
Ga Giebelstein By V
Name: SohrJ C. "re-ree..1 l
Title: W 0,1 o
Printed at: 09/12/2013 (06:41 pm) Compliments of Capital Title of Texas, LLC - Southlake
Boulevard
Order No. 13- 159194 -SB
TAX PRORATION AGREEMENT AND DISCLOSURES
Date: August 26, 2013
Buyer: City of Southlake
1400 Main Street, Suite 320
Southlake, TX 76092
Seller: Kyle Bush
1160 N White Chapel Blvd.
Southlake, TX 76092
Property. TRACT 1
BEING a 0.0647 acre tract of land situated in the Thomas M.
Hood Survey, Abstract No. 706, in the City of Southlake,
Tarrant County, Texas, being a portion of a called 0.26 acre
tract conveyed to Kyle Bush according to the General
Warranty Deed with Vendor's Lien as recorded in Instrument
No. D207059436 of the Official Public Records of Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped 'TX
REG NO 100189 -00" set for the northeast corner of the
aforementioned Kyle Bush tract, said corner being in the
west right -of -way line of N. White Chapel Boulevard
(variable width right -of -way) and also being the southeast
corner of those certain tracts of land devised to James
Clifford Wood, Jr. according to the Last Will and Testament
of James Clifford Wood as recorded in Instrument
No. D197212230 of the Deed Records of Tarrant County, Texas;
THENCE S 00° 18' 08" E (deed -S 01° 37' E), with said west right -of-
way line of N. White Chapel Boulevard and the east line
of said Kyle Bush tract, 75.90 feet to a 1/2" iron rod with
plastic cap stamped 'TX REG NO 100189 -00" set for the
southeast corner of said Kyle Bush tract, said southeast
corner also being the most easterly northeast corner of a
called 1.38 acre tract conveyed to Michael A. Smith and
Natasha C. Smith according to the General Warranty Deed as
recorded in Instrument No. D211297834, O.P.R.T.C.T., from
whence a 1/2" iron rod found for the southeast corner of
said Smith tract bears S 00° 18' 08" E, 78.42 feet;
THENCE S 89° 15' 03" W (deed - WEST), departing said west right -of-
way line of N. White Chapel Boulevard and with the south
line of said Kyle Bush tract and the most southerly north
line of said Smith tract, 35.46 feet to a 1/2" iron rod with
plastic cap stamped 'TX REG NO 100189 -00" set for corner:
THENCE N 02° 54' 42" W, departing the south line of said Kyle
Bush tract and the most southerly north line of said Smith
Tax Proration Agreement & Disclosures Page 1 of 5 Rev. D6/03
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE
POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW.
COMMITMENT FOR TITLE INSURANCE
Issued by
stewar
title guaranty company
We, STEWART TITLE GUARANTY COMPANY, will issue our title insurance policy or policies (the Policy) to You (the
proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in
Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date
of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and
applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and
expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue
the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when
this Commitment expires.
in witness whereof, the Company has caused this commitment to be signed and sealed as of the effective date of
commitment as shown in Schedule A, the commitment to become valid and binding only when countersigned by an
authorized signatory.
Countersigned by:
l
Ara
uth 'zed Countersignature Senior Chairman of t e Board
Company
Capital Title of Texas, LLC Chairman of the Board Isr
100 S. Village Center Drive
City, State Southiake, Texas 76092
President
CONDITIONS AND STIPULATIONS
1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this
Commitment, that is not shown in Schedule B, you must notify us in writing,. If you do not notify us in writing,
our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do
notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already
incurred.
2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued.
Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements
or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this
commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and
Stipulations, and Exclusions.
All notices required to be given the Company and any statement in writing required to be furnished the Company
shall be addressed to it at P.O. Box 2029, Houston, Texas 77252.
ste art
■ title guaranty company
•
COMMITMENT FOR TITLE INSURANCE
Issued By
Stewart Title Guaranty Company
SCHEDULE A
Effective Date: September 1, 2013, 8:00 am GF No. 13- 159194 -SB
Commitment No. , issued September 13, 2013, 8:00 am
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount: $35,000.00
PROPOSED INSURED: City of Southlake
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R)
Policy Amount:
PROPOSED INSURED:
(c) LOAN POLICY OF TITLE INSURANCE (Form T -2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T -2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Fee Simple - Tract 1
3. Record title to the land on the Effective Date appears to be vested in:
Kyle Bush
4. Legal description of the land:
TRACT 1
BEING a 0.0647 acre tract of and situated in the Thomas M. Hood Survey, Abstract No. 706, in the City of
Southlake, Tarrant County, Texas, being a portion of a called 0.26 acre tract conveyed to Kyle Bush according to the
General Warranty Deed with Vendor's Lien as recorded in Instrument No. D207059436 of the Official Public Records
of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set for the northeast corner of the
aforementioned Kyle Bush tract, said corner being in the west right -of -way line of N. White Chapel Boulevard
(variable width right -of -way) and also being the southeast corner of those certain tracts of land devised to James
Clifford Wood, Jr. according to the Last Will and Testament of James Clifford Wood as recorded in Instrument No.
D197212230 of the Deed Records of Tarrant County, Texas;
THENCE S 00° 18' 08" E (deed -S 01° 37' E), with said west right -of -way line of N. White Chapel Boulevard and the
east line of said Kyle Bush tract, 75.90 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set
for the southeast corner of said Kyle Bush tract, said southeast corner also being the most easterly northeast corner of
a called 1.38 acre tract conveyed to Michael A. Smith and Natasha C. Smith according to the General Warranty Deed
as recorded in Instrument No. D211297834, O.P.R.T.C.T., from whence a 1/2" iron rod found for the southeast corner
FORM T -7: Commitment for Title Insurance Page 1
Continuation of Schedule A GF No. 13- 159194 -SB
of said Smith tract bears S 00° 18' 08" E, 78.42 feet;
THENCE S 89° 15' 03" W (deed - WEST), departing said west right -of -way line of N. White Chapel Boulevard and
with the south line of said Kyle Bush tract and the most southerly north line of said Smith tract, 35.46 feet to a 1/2"
iron rod with plastic cap stamped "TX REG NO 100189 -00" set for corner:
THENCE N 02° 54' 42" W, departing the south line of said Kyle Bush tract and the most southerly north line of said
Smith tract, 75.71 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 Kyle Bush tract, said north line also being the south line of the aforementioned James Clifford
Wood, Jr. tract, from whence a 1/2" iron rod found for the common southwest corner of said Wood tract and the
most northerly northwest corner of said Smith tract bears S 88° 53' 17" W (deed -N 89° 40' E), 356.90 feet;
THENCE N 88° 53' 17" E (deed -N 89° 40' E), with the north line of said Kyle Bush tract and the south line of said
Wood tract, 38.91 feet to the POINT OF BEGINNING and containing 0.0647 acres or 2,818 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.
FORM T -7: Commitment for Title Insurance Page 2
COMMITMENT FOR TITLE INSURANCE
Issued By
Stewart Title Guaranty Company
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses
resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this
exception):
Item No. 1, Schedule B, has been deleted in its entirety.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping
of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner's Policy
only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other
entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or
oceans, or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
(Applies to the Owner's Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, and subsequent years; and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas
Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy
(T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the
year and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien
document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder
on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan
Policy (T -2) only.)
FORM T -7: Commitment for Title Insurance Page 3
Continuation of Schedule B GF No. 13- 159194 -SB
9. The Exceptions from Coverage and Express insurance in Schedule B of the Texas Short Form Residential Loan Policy (T-
2R). (Applies to Texas Short Form Residential Loan Policy (T -2R) only. Separate exceptions 1 through 8 of this Schedule B
do not apply to the Texas Short Form Residential Loan Policy (T -2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or
delete this exception.):
a. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all
rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule
B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed.
b. All visible and apparent easements or uses and all underground easements or uses, the existence of which may
arise by unrecorded grant or by use.
c. Rights of parties in possession.
d. Rights of tenants, as tenants only, under unrecorded leases or rental agreements.
e. Rights of the public, the State of Texas and the municipality in and to that portion of subject property, if any,
lying within the boundaries of any roadway, public or private.
f. Airport Zoning Ordinance No. 71 -100 for -Fort Worth International Airport recorded in 7349/1106, Real
Property Records, Tarrant County, Texas.
g. Oil, Gas and Mineral Lease executed by Kyle Bush to XTO Energy Inc., dated July 28, 2008, filed August 6,
2008, recorded in CC #D208306254, Real Property Records, Tarrant County, Texas. The Company makes no
representation as to the present ownership of this interest.
FORM T -7: Commitment for Titie Insurance Pan 4
COMMITMENT FOR TITLE INSURANCE
Issued By
Stewart Title Guaranty Company
SCHEDULE C
Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as
Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record.
2. Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule
A ,
b. all standby fees, taxes, assessments and charges against the property have been paid,
c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens
have attached to the property,
d. there is legal right of access to and from the land,
e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the
insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date
of this Commitment.
5. Deed of Trust from Kyle Bush to Mark Ross, Trustee, for the benefit of MERS acting solely as nominee for Bank of
The Ozarks, securing a note in the original principal sum of $68,500.00, dated December 13, 2012, filed December 26,
2012, recorded in CC #D212315459, Real Property Records, Tarrant County, Texas.
6. Company requires marital history of record owner shown on Schedule A hereof from date of acquisition to date of
closing. Company requires joinder of spouse as facts indicate. Subject to any change in marital status since said date
which would result in an outstanding interest.
7. The following note is for informational purposes only: The following deed(s) affecting said land were recorded within
the last 24 months of the date of the commitment: None
NOTICE: The title insurance policy being issued to you contains an arbitration provision. It allows you or the company to
require arbitration if the amount of insurance is $2,000,000.00, or less. If you want to retain your right to sue the Company in
case of a dispute over a claim, you must request deletion of the arbitration provision BEFORE the policy is issued. If you are
the purchaser in the transaction and elect deletion of the arbitration provision, a form will be presented to you at closing for
execution. If you are the lender in the transaction and desire deletion of the Arbitration provision, please inform as through
your Loan Closing Instructions. (APPLIES TO T -1 AND T -2 POLICIES ONLY)
Countersigned
Capital Title of Texas, LLC - Southlake Boulevard
FORM T -7: Commitment for Title Insurance Page 5
Continuation of Schedule C GF No. 13- 159194 -SB
By
Authorized Signatory
FORM T -7: Commitment for Title Insurance Page 6
COMMITMENT FOR TITLE INSURANCE
SCHEDULE D
GF No. 13- 159194 -SB Effective Date: September 1, 2013, 8:00 am
Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of
Texas, the following disclosures are made:
1. The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment
Stewart Title Guaranty Company
Shareholders owning, controlling or holding, either personally or beneficially, 10% or more of the shares of Stewart Title
Guaranty Company as of the last day of the year preceding the date herein above set forth are as follows:
Stewart Information Services Corporation - 100%
The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date
hereinabove set forth are as follows: Bruce Belin, Malcolm Morris, Charles F. Howard, Michael B. Skalka, Matthew Morris,
Stewart Morris, Stewart Morris Jr.
The ten designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set
forth are as follows: Stewart Morris, Jr., Senior Chairman of the Board & Assistant Secretary, Malcolm Morris, Chairman of the
Board, Chief Executive Officer & Assistant Secretary, Michael B. Skalka, President and Director of Global Underwriting
Services, Matthew Morris, Senior Executive Vice President, J. Allen Berryman, Executive Vice President, Chief Financial
Officer and Assistant Secretary- Treasurer, George Houghton, Executive Vice President - Agency Services, John L. Killea,
Executive Vice President - General Counsel, Paul Sands, Executive Vice President - National Title Services Director, Mark
Winter, Executive Vice President -Public Policy, Richard Black, Senior Vice President - Underwriting Counsel.
2. The issuing Title Insurance Agent, Capital Title of Texas, LLC, is a limited liability corporation whose shareholders owning or
controlling one (1 %) percent of said corporation, directors, and officers are listed below:
Shareholders:
Title Acquisition Associates LLC - 95%
Shaddock American Title - 5%
Directors:
William C. Shaddock
Officers:
William C. Shaddock, President and CEO; Laura Dawn Neill, Vice President- Agency; Tracy Robirds - McMahon, Vice
President- Operations; Jason Schnell, Vice President- Chief Information Officer; Tracy Monts - Curtis, Vice President -
Residential Business Development; Russell Conner, Vice President- Plant Manager and Chief Compliance Officer; Patrick
McMillan, Vice President- Chief Financial Officer.
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or
settlement statement.
You are further advised that the estimated title premium' is:
Owner's Policy $415.00
Loan Policy $0.00
Endorsement Charges $0.00
Other $0.00
Total $415.00
FORM T -7: Commitment for Title Insurance Page 7
Continuation of Schedule D GF No. 13- 159194 -SB
Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 85% will be retained by the issuing Title
Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows:
Amount To Whom For Services
"
The estimated premium is based upon information furnished to us as of the date of this Commitment for Title insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of Insurance."
FORM T -7: Commitment for Title Insurance Page 8
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from certain risks El seguro de titulo le asegura en relacion a perdidas resultantes de
to your title. ciertos riesgos que pueden afectar el titulo de su propriedad.
The commitment for Title Insurance is the title insurance company's El Compromiso para Seguro de Titulo es la promesa de la compania
promise to issue the title insurance policy. The commitment is a aseguradora de titulos de emitir la poliza de seguro de titulo. El
legal document. You should review it carefully to completely Compromiso es un documento legal. Usted debe leerlo
understand it before your closing date. cuidadosamente y endenterlo complemente antes de la fecha para
finalizar su transaction.
Your Commitment of Title insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title.
It is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance
Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that
determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some
of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions.
These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to
determine the ownership of any mineral interest.
- -- MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title
unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain
risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be
available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights,
neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met.
Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may
want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and
your use of the land.
When your policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below.
- -- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown
on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions
section of the Commitment. When the policy is issued, all Exceptions will be on Schedule B of the Policy.
- -- EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or
discussed in the Commitment.
- -- CONDITIONS are additional provisions that qualify or limit you coverage. Conditions include your responsibilities and
those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are
not the same as the Commitment Conditions.
You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at
(800) 729 -1900 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the
policy form from time to time.
You can also get a brochure that explains the policy from the Texas Department of insurance by calling 1- 800 - 252 -3439.
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
- -- Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must
furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for
the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure
you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of
improvements. The Company may then decide not to insure against specific boundary or survey problems by making special
exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether
you want to purchase and review a survey if a survey is not being provided to you.
- - -Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the
title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons,
such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you
want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your
Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to
increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement.
FORM T -7: Commitment for Title Insurance Paee 9
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle
a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to
take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration
process. In addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before
the closing of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy.
All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity).
All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall
be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court of competent jurisdiction."
SIGNATURE DATE
FORM T -7: Commitment for Title Insurance Page 10
Stewart Title Guaranty Company
Premium Amount Rate Rules Property County Liability at
Type Code Reissue Rate
1 2 3 4 5 6 7 8
5415.00 1000 2 439
WHAT DOES Stewart Title Companies DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law
regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
understand how we use your personal information. This privacy notice is distributed on behalf of Stewart Title Guaranty Company,
pursuant to Title V of the Gramm- Leach - Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as Stewart Title Companies need to share customers' personal information to run their everyday
business to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
s - C s€ � `�v9 p r es
For our everyday business purposes— to process your transactions and maintain
your account. This may include running the business and managing customer Yes No
accounts, such as processing transactions, mailing, and auditing services, and
responding to court orders and legal investigations.
For our marketing purposes— to offer our products and services to you. Yes No
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common Yes No
ownership or control. They can be financial and nonfinancial companies.
For our affiliates' everyday business purposes — information about your No We don't share
creditworthiness.
For our affiliates to market to you Yes No
For nonaffiliates to market to you. Nonaffiliates are companies not related by No We don't share
common ownership or control. They can be financial and nonfinancial companies.
We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a
nonaffiliate, such as a third party insurance company, we will disclose your personal information to that nonaffliate.
How often does Stewart Title Companies We must notify you about our sharing practices when you request a transaction.
Notify me about their practices?
How does Stewart Title Companies To protect your personal information from unauthorized access and use, we use security
protect my personal information? measures that comply with federal and state law. These measures include computer, file,
and building safeguards.
How does Stewart Title Companies collect We collect your personal information, for example, when you
my personal information? • request insurance- related services
• provide such information to us
We also collect your personal information from others, such as the real estate agent or
lender involved in your transaction, credit reporting agencies, affiliates or other
companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
stewart
► title guaranty company
IMPORTANT INFORMATION AVISO IMPORTANTE
FOR INFORMATION, OR PARA INFORMACION, 0
TO MAKE A COMPLAINT PARA SOMETER UNA QUEJA
CALL OUR TOLL -FREE TELE- LLAME AL NUMERO GRATIS
PHONE NUMBER
1- 800 - 729 -1902
1- 800 - 729 -1902
TAMBIEN
ALSO PUEDE COMUNICARSE CON
YOU MAY CONTACT EL DEPARTAMENTO DE SEGUROS
THE TEXAS DEPARTMENT DE TEXAS AL
OF INSURANCE AT
1- 800 - 252 -3439
1- 800 - 252 -3439
para obtener informacion sobre:
to obtain information on: 1. como someter una queja en contra de
1. filing a complaint against an insurance una compania de seguros o agente de
company or agent, seguros,
2. whether an insurance company or agent 2. si una compania de seguros o agente de
is licensed, seguros tiene licencia,
3. complaints received against an insurance 3. quejas recibidas en contra de una
company or agent. compania de seguros o agente de
4. policyholder rights, and seguros,
5. a list of consumer publications and 4. los derechos del asegurado, y
services available through the 5. una lista de publicaciones y servicios
Department. para consumidores disponibles a traves
del Departamento.
YOU MAY ALSO WRITE TO
THE TEXAS DEPARTMENT OF TAMBIEN PUEDE ESCRIBIR AL
INSURANCE DEPARTAMENTO DE SEGUROS DE
P.O. BOX 149104 TEXAS
AUSTIN, TEXAS 78714 -9104 P.O. BOX 149104
FAX NO. (512) 475 -1771 AUSTIN, TEXAS 78714 -9104
FAX NO. (512) 475 -1771
stewart
title guaranty company
TEXAS TITLE INSURANCE [INFORMATION
Title insurance insures you against Toss resulting El seguro de titulo le asegura en relacion a perdidas
from certain risks to your title. resultantes de ciertos riesgos que pueden afectar el
titulo de su propiedad.
The commitment for Title Insurance is the title
insurance company's promise to issue the title El Compromiso para Seguro de Titulo es la promesa
insurance policy. The commitment is a legal de la compania aseguradora de titulos de emitir la
document. You should review it carefully to pollza de seguro de titulo. EI Compromiso es un
completely understand it before your closing date. documento legal. Usted debe leerlo
cuidadosamente y entenderlo completamente antes
de la fecha para finalizar su transaccion.
Your commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a
contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the title insurance Company (the
Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the
Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule
B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the
Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest.
MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an
exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals,
and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. If the title
insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional
endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of
the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any
matters shown in Schedules B and C of the Commitment with an attomey. These matters will affect your title and your use of the land.
When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below.
- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on
Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of
the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy.
- EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed
in the Commitment.
- CONDFIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the
Company. They are contained in the Policy but not shown or discussed in the Commitment The Policy Conditions are not the same as
the Commitment Conditions.
You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at 1- 800 -729-
1932 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from
time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800- 252 -3439.
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
- Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must fumish•a
survey and comply with other requirements of the Company. On the Owner Policy, you must pay an additional premium for the
amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy wit insure you
against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The
Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy.
Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and
review a survey if a survey is not being provided to you.
- Allow the Company to add an exception to "rights of parties in possession ". If you refuse this exception, the Company or the title
insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such
as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to
make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to
increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement.
FORM: Commitment for Title Insurance
United Tax Services, Inc.
f 1j J nit e d 2400 Dallas Parkway, Suite 560, Plano, TX 75093
XSEKV1Cl1S,INC. Phone: 972-682-2716 Fax: 866 -553 -1073
Property Information
File#: 13- 159194 -SB Br SB
Legal Description: Hood, Thomas M Survey A 706 Tr 8B05
2012 Assessed Value
Total Acreage: 0.2600 # of Parcel(s): 1 # of Jurisdiction(s): 3 Land: $26,000
Situs Address: 1160 N White Chapel Blvd., Southlake TX 76092 Improvements $57,800
Mailing Address: 1160 N White Cpl Blvd, Southlake TX 76092 Total: $83,800
Assessed Owner(s): Bush, Kyle
Tax Summary
Jurisdiction Exemptions TaxYr Base Tax Penalty Due Now Due Due
Tarrant County None 2012 $537.05 $0.00 $0.00 $0.00 $0.00
Southlake Homestead 2012 $364.06 $0.00 $0.00 $0.00 $0.00
Carroll ISD Homestead 2012 $963.20 $0.00 $0.00 $0.00 $0.00
Total 2012 $1,864.31 $0.00 $0.00 $0.00 $0.00
Grand Total All $1,864.31 $0.00 $0.00 $0.00 $0.00
Payment Information for Tarrant County
Payable to Tarrant County Tax Collector Phone: (817) 884 -1100 Next Due Date: 1/31/2014
Mail to: PO Box 961018 , Fort Worth, TX 76161
CAD # Parcel# Acreage TaxYr Tax Rate Base Tax Total Pd Penalty W/O Exempt
A7068B05 03942090 0.2600 2012 $0.6408670 $537.05 $537.05 $0.00 $537.05
Payment Information for Southlake
Payable to Tarrant County Tax Collector Phone: (817) 884 -1100 Next Due Date: 1/31/2014
Mail to: PO Box 961018 , Fort Worth, TX 76161
CAD # Parcel# Acreage TaxYr Tax Rate Base Tax Total Pd Penalty W/0 Exempt
A7068B05 03942090 0.2600 2012 $0.4620000 $364.06 $364.06 $0.00 $387.16
Payment Information for Carroll ISD
Payable to Tarrant County Tax Collector Phone: (817) 884 -1100 Next Due Date: 1/31/2014
Mail to: PO Box 961018 , Fort Worth, TX 76161
CAD # Parcel# Acreage TaxYr Tax Rate Base Tax Total Pd Penalty W/O Exempt
A7068B05 03942090 0.2600 2012 $1.4000000 $963.20 $963.20 $0.00 $1,173.20
Order Information
Request Date: 3/26/2013 Request By: Armando Mendo Update Request: Request By:
Date Completed: 3/27/2013 Update Completed:
Billing and Fee Summary
Charge Description Quantity Rate Total Amount
Tax Cert Fee 1 $59.80 $59.80
Total Charges I $59.80
Mail payment to - United Tax Services, Inc., 2400 Dallas Parkway, Suite 560 1 Plano, TX 75093
- 44/ /F6 --> 0' 2-69 00 ODY 5 7:- 1± - 7 6 , fC ‘.--c/Lc..
4 1 3- I
Y O. O ce -� --_l. , (e s / ddi,
,21;11' . . - 3 -5(1-2
(\,_. 0 .9 ( LINOACIIS 287510 Page 1 of 1 day, March 27, 2013
a7
Order No: 13- 159194-SB
tract, 75.71 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 Kyle Bush tract, said north line also being the
south line of the aforementioned James Clifford Wood, Jr.
tract, from whence a 1/2" iron rod found for the common
southwest corner of said Wood tract and the most northerly
northwest corner of said Smith tract bears S 88° 53' 17" W
(deed -N 89° 40' E), 356.90 feet;
THENCE N 88° 53' 17" E (deed -N 89° 40' E), with the north line
of said Kyle Bush tract and the south line of said Wood
tract, 38.91 feet to the POINT OF BEGINNING and containing
0.0647 acres or 2,818 square feet of land, more or less.
TRACT 2 (Easement)
BEING a 0.0281 acre tract of and situated in the Thomas M.
Hood Survey, Abstract No. 706, in the City of Southlake,
Tarrant County, Texas, being a portion of a called 0.26 acre
tract conveyed to Kyle Bush according to the General
Warranty Deed with Vendor's Lien as recorded in Instrument
No. D207059436 of the Official Public Records of Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly
described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod found for the most northerly
northwest comer of a called 1.38 acre tract conveyed to
Michael A. Smith and Natasha C. Smith (Smith) according to
the General Warranty Deed as recorded in instrument No.
D211297834, O.P.R.T.C.T., said corner also being the
southwest comer of those certain tracts of land devised to
James Clifford Wood, Jr. (Wood) according to the Last Will
and Testament of James Clifford Wood as recorded in
Instrument No. D197212230 of the Deed Records of Tarrant
County, Texas;
THENCE N 88° 53' 17" E (deed -N 89° 40' E), with the most
northerly north line of said Smith tract and the south line
of said Wood tract, passing at a distance of 245.80 feet the
common most northerly northeast corner of said Smith tract
and the northwest corner of the aforementioned Bush tract,
and continuing with the south line of said Wood tract and
the north line of said Bush tract a total distance of 341.24
feet to the POINT OF BEGINNING;
THENCE N 88° 53' 17" E (deed -N 89° 40' E), continuing with the
south line of said Wood tract and the north line of said
Bush tract, 15.65 feet to a 1/2" iron rod with plastic cap
stamped 'TX REG NO 100189 -00" set for corner;
THENCE S 02° 54' 42" E, departing the south line of said Wood
tract and the north line of said Bush tract, 75.71 feet to a
1/2" iron rod with plastic cap stamped 'TX REG NO 100189 -00"
set for corner in the common south line of said Bush tract
and the most easterly north line of the aforementioned Smith
Tax Proration Agreement & Disclosures Page 2 of 5 Rev. 06/03
Order No: 13- 159194 -S8
tract, from whence the common southeast corner of said Bush
tract and the most easterly northeast corner of said Smith
tract bears N 89° 15' 03" E (deed- WEST), 35.46 feet, and from
said common comer a 1/2" iron rod found for the southeast
corner of said Smith tract bears S 00° 18' 08" E, 78.42 feet;
THENCE S 89° 15' 03" W (deed- WEST), with the south line of
said Kyle Bush tract and the most easterly north line of
said Smith tract, 16.72 feet;
THENCE N 02° 06' 26" W, departing the south line of said Kyle
Bush tract and the most easterly north line of said Smith
tract, 75.57 feet to the POINT OF BEGINNING and containing
0.0281 acres or 1,224 square feet of land, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the and 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.
Seller has sold the Property to Buyer and as part of the settlement of this transaction,
1. Ad valorem real property taxes for the current year ❑ have ® have not been prorated between the
parties.
2. Personal property taxes, if any, as to any inventory, mobile home or other personal property situated
on the Property ❑ have ® have not been prorated between the parties.
3. Disclosures:
❑ Proration of taxes, if any, is based on tax information from the prior year, the current year's tax
status not yet being available.
❑ Taxes on the Property for the prior year did not include the value of any NEW CONSTRUCTION.
Proration of taxes for the current year is based on information provided by the appraisal district
that the property will be taxed as
❑ Unimproved ❑ Partially improved ❑ Fully improved
❑ Taxes on the property are currently based on an OVER 65 exemption which will not be allowed for
the remainder of the current year. Proration of taxes is based on the exemption through
settlement, but should not be used to estimate taxes for the full current year, nor for subsequent
years.
❑ Taxes on the property are currently based on an AGRICULTURAL, OPEN SPACE OR FOREST
LAND valuation and may be subject to ROLLBACK, with additional taxes becoming due for the
current and /or prior years.
Cl Taxes on the Property are currently based on a description that appears to contain more land
area than the Property, as conveyed, appears to contain. This could result in the imposition of a
SUPPLEMENTAL TAX BILL for the current and /or prior years.
❑ Some or all of the Property is not currently being taxed as an independent tax tract or tracts. It is
unlikely that the taxing authority(ies) will recognize the Property independently for the current
year's taxes and, therefore, NEITHER BUYER NOR SELLER MAY INDEPENDENTLY PAY
TAXES FOR THE CURRENT YEAR ON THEIR INDIVIDUAL PORTIONS OF LAND.
4. Capital Title of Texas, LLC - Southlake Boulevard (Settlement Agent) can neither guarantee the
accuracy of the tax information provided to it by third parties, nor of any good -faith estimates upon
which tax prorations may have been made.
Tax Proration Agreement & Disclosures Page 3 of 5 Rev. 06/03
Order No: 13- 159194 -SB
5. The amount of escrow collected at closing for future payment of taxes (Tax Escrow) is determined by
Lender, not by Settlement Agent.
6. Settlement Agent assumes no responsibility for notifying taxing entities of this transaction, nor for
assisting Buyer with application for any exemptions or special valuations.
7. Personal property. Neither title to nor taxes on items of personal property are covered by title
insurance.
8. Escrowed Funds: All funds received in this transaction shall be deposited with other funds in one or
more non- interest bearing escrow accounts of Escrow Agent in a state or national bank selected by
Escrow Agent. Escrow Agent shall have no obligation to account to the parties to this transaction in
any manner for the value of, or pay to such party any benefit received by Escrow Agent, directly or
indirectly, by reason of the deposit of any such funds or the maintenance of such accounts with such
bank. Those benefits may include, without limitation, credits allowed by such bank on loans to Escrow
Agent's parent company and on accounting, reporting and other services. All parties depositing funds
in connection with this escrow are hereby noted that the funds so deposited are insured only to the
limit provided by the Federal Deposit Insurance Corporation.
4 • reement:
Buyer and Seller agree and hereby instruct Settlement Agent to use the following estimated
amount(s) for PARTIAL PAYMENT of taxes for the current year:
33 .tn a — ge
• Seller and Buyer agree and hereby instruct Settlement Agent to perform NO PRORATION of
taxes for the current year – AND -
f� ❑ SELLER AND BUYER AGREE TO COOPERATE to pay the taxes for the current year on the
Property at such time as the tax bills are issued and before they become delinquent,
each paying their prorated portion, Settlement Agent having no liability therefor.
® Seller and Buyer agree that SELLER WILL BE FULLY RESPONSIBLE for payment of taxes for
the current year on the Property at such time as the tax bills are issued and before they
become delinquent, Settlement Agent having no liability therefor.
❑ Seller and Buyer agree that BUYER WILL BE FULLY RESPONSIBLE for payment of taxes for
the current year on the Property at such time as the tax bills are issued and before they
become delinquent, Settlement Agent having no liability therefor.
9. In the event actual taxes for current year are determined to be more or less than the figures used by
Settlement Agent for estimates or prorations or by lender for Tax Escrow, Seller and Buyer agree to
adjust any differences between and among themselves and /or Lender, and to hold Settlement Agent
harmless from any liability therefor.
10. Should a bill for Supplemental Tax(es) for prior years be issued on the Property, Seller agrees to
immediately pay such taxes and to indemnify and hold harmless Settlement Agent, Stewart Title
Guaranty Company (Underwriter), and its Agent.
11. Buyer and Seller agree to indemnify and hold harmless Settlement Agent, Stewart Title Guaranty
Company (Underwriter), and its Agent with regard to any Supplemental and /or Rollback Tax(es) for
prior years. IN ADDITION, BUYER AND SELLER AGREE THAT ANY DISPUTE IN REGARD TO
SUCH TAXES SHALL BE HANDLED BETWEEN BUYER AND SELLER.
Tax Proration Agreement & Disclosures Page 4 of 5 Rev. 06/03
Order No: 13- 159194 -SB
The City of Southlake A/
A
ByR11e k' y e : d sh
Name: S c. — re 4 rre.A t
Title: w\,a4d or
Tax Proration Agreement & Disclosures Page 5 of 5 Rev. 06/03
SHADDOCK & ASSOCIATES, P.C.
2400 N. Dallas Parkway, Suite 560
Plano, Texas 75093
972 -526 -7642
ATTORNEY REPRESENTATION NOTICE
GF# 13- 159194 -SB DATE: August 30, 2013
SELLER: Kyle Bush
PURCHASER: City of Southlake
PROPERTY: See Exhibit "A "s for Parcel 19 Right of Way Acquisition and Parcel 19 -SE
Temporary Construction Easement
The undersigned does hereby employ the law Office(s) of SHADDOCK & ASSOCIATES, 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 & ASSOCIATES, 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 &
ASSOCIATES, 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 & ASSOCIATES, 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 & ASSOCIATES, 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 & ASSOCIATES, 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 & ASSOCIATES, 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 &
ASSOCIATES, 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 attorney /client privilege or relationship exists between
them and the law offices of SHADDOCK & ASSOCIATES, P.C.beyond the preparation of the
above described documents.
Please return ORIGINAL Attorney Representation Notice with invoice.
The City of Southlake
By: QOQ y - :. h‘ 1111111 W
Name: Sohn (, . l
Title: INS (krr.
Order No. 13-159194-38
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
NOTICE TO PARTIES
(Pursuant to 24CFR3500, Appendix "D ")
To: Buyer /Borrower. City of South lake
1400 Main Street, Suite 320
Southlake, TX 76092
Seller. Kyle Bush
1160 N White Chapel Blvd.
South lake, TX 76092
From: Capital Title of Texas, LLC
Property. TRACT 1
BEING a 0.0647 acre tract of land situated in the Thomas M.
Hood Survey, Abstract No. 706, in the City of Southlake,
Tarrant County, Texas, being a portion of a called 0.26 acre
tract conveyed to Kyle Bush according to the General
Warranty Deed with Vendor's Lien as recorded in Instrument
No. D207059436 of the Official Public Records of Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped 'TX
REG NO 100189-00" set for the northeast corner of the
aforementioned Kyle Bush tract, said corner being in the
west right -of -way line of N. White Chapel Boulevard
(variable width right -of -way) and also being the southeast
comer of those certain tracts of land devised to James
Clifford Wood, Jr. according to the Last Will and Testament
of James Clifford Wood as recorded in Instrument
No. D197212230 of the Deed Records of Tarrant County, Texas;
THENCE S 00° 18' 08" E (deed -S 01° 37' E), with said west right -of-
way line of N. White Chapel Boulevard and the east line
of said Kyle Bush tract, 75.90 feet to a 1/2" iron rod with
plastic cap stamped "TX REG NO 100189 -00" set for the
southeast comer of said Kyle Bush tract, said southeast
comer also being the most easterly northeast corner of a
called 1.38 acre tract conveyed to Michael A. Smith and
Natasha C. Smith according to the General Warranty Deed as
recorded in Instrument No. D211297834, O.P.R.T.C.T., from
whence a 1/2" iron rod found for the southeast corner of
said Smith tract bears S 00° 18' 08" E, 78.42 feet;
THENCE S 89° 15' 03" W (deed - WEST), departing said west right -of-
way line of N. White Chapel Boulevard and with the south
line of said Kyle Bush tract and the most southerly north
line of said Smith tract, 35.46 feet to a 1/2" iron rod with
plastic cap stamped 'TX REG NO 100189 -00" set for corner.
THENCE N 02° 54' 42" W, departing the south line of said Kyle
Bush tract and the most southerly north line of said Smith
tract, 75.71 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 Kyle Bush tract, said north Tine also being the
south line of the aforementioned James Clifford Wood, Jr.
tract, from whence a 1/2" iron rod found for the common
southwest corner of said Wood tract and the most northerly
northwest corner of said Smith tract bears S 88° 53' 17" W
(deed -N 89° 40' E), 356.90 feet;
THENCE N 88° 53' 17" E (deed -N 89° 40' E), with the north line
of said Kyle Bush tract and the south line of said Wood
tract, 38.91 feet to the POINT OF BEGINNING and containing
0.0647 acres or 2,818 square feet of land, more or less.
Affiliated Business Disclosure — United Tax Service Page 1 of 3 Rev. 06/03
•
TRACT 2 (Easement)
BONG a 0.0281 acre tract of land situated in the Thomas M.
Hood Survey, Abstract No. 706, in the City of South lake,
Tarrant County, Texas, being a portion of a called 0.26 acre
tract conveyed to Kyle Bush according to the General
Warranty Deed with Vendor's Lien as recorded in Instrument
No. D207059436 of the Official Public Records of Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly
described by metes and bounds as follows:
COMMENCING at a 1/2" iron rod found for the most northerly
northwest corner of a called 1.38 acre tract conveyed to
Michael A. Smith and Natasha C. Smith (Smith) according to
the General Warranty Deed as recorded in Instrument No.
D211297834, O.P.R.T.C.T., said comer also being the
southwest comer of those certain tracts of and devised to
James Clifford Wood, Jr. (Wood) according to the Last Will
and Testament of James Clifford Wood as recorded in
Instrument No. D197212230 of the Deed Records of Tarrant
County, Texas;
THENCE N 88° 53' 17" E (deed -N 89° 40' E), with the most
northerly north line of said Smith tract and the south line
of said Wood tract, passing at a distance of 245.80 feet the
common most northerly northeast comer of said Smith tract
and the northwest comer of the aforementioned Bush tract,
and continuing with the south line of said Wood tract and
the north line of said Bush tract a total distance of 341.24
feet to the POINT OF BEGINNING;
THENCE N 88° 53' 17" E (deed -N 89° 40' E), continuing with the
south line of said Wood tract and the north line of said
Bush tract, 15.65 feet to a 1/2" iron rod with plastic cap
stamped "TX REG NO 100189 -00" set for corner;
THENCE S 02° 54' 42" E, departing the south line of said Wood
tract and the north line of said Bush tract, 75.71 feet to a
1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00"
set for corner in the common south Tine of said Bush tract
and the most easterly north line of the aforementioned Smith
tract, from whence the common southeast corner of said Bush
tract and the most easterly northeast corner of said Smith
tract bears N 89° 15' 03" E (deed - WEST), 35.46 feet, and from
said common comer a 1/2" iron rod found for the southeast
comer of said Smith tract bears S 00° 18' 08" E, 78.42 feet;
THENCE S 89° 15' 03" W (deed - WEST), with the south line of
said Kyle Bush tract and the most easterly north line of
said Smith tract, 16.72 feet;
THENCE N 02° 06' 26" W, departing the south line of sad Kyle
Bush tract and the most easterly north line of said Smith
tract, 75.57 feet to the POINT OF BEGINNING and containing
0.0281 acres or 1,224 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: August 26, 2013
This is to give you notice that CAPITAL TITLE OF TEXAS, LLC ( "CTOT"), has a business relationship with
PREMIER SURVEYING, LLC, WILLOWBEND MORTGAGE, SHADDOCK & ASSOCIATES, PC,
CAPITAL NATIONAL FINANCIAL, INC. CAMBRIDGE INSURANCE AENCY, LLC, UNITED TAX
SERVICE and UNITED E- RECORDING, LLC, (referred to collectively as "United "), 2400 N. Dallas
Parkway, Suite 560, Plano, Texas 75287, (972) 682 -2719. CTOT routinely obtains Surveys, Tax
Certificates, Insurance and e- Recording Services from United; the charge for these settlement services is
paid by the parties to the transaction; that charge is collected by CTOT at closing and paid by CTOT to
United. The owner of United is William C. Shaddock, who, in addition to being indirectly involved with
•
CTOT as an owner, is also its President, CEO and a Director. Because of this relationship, the referral of
business to United by CTOT may provide CTOT with a financial or other benefit.
Notice is also given that CTOT has a business relationship with First National Title Insurance Company
{`FNTI"), which is a title insurance underwriting company. The owner of CTOT is also the owner of FNTI.
Because of this relationship, the referral of business to FNTI by CTOT may provide CTOT with financial or
other benefit. The premium charges made by FNTI are in accordance with the premium rates
promulgated by the Texas Department of Insurance.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are
NOT required to use the listed provider as a condition for the purchase, sale or refinance of the subject
property.
THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH
SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE
RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
United Tax Service, Inc. Range of Estimated charges: $ 25.00
United E- Recording, LLC • Range of Estimated charges $4.00 to 10.00 per recorded document
Premier Surveying, LLC Range of Estimated charges
Cambridge Insurance Agency, LLC
Willowbend Mortgage
Capital National Financial, Inc.
Shaddock & Associates, PC
I /we have read this disclosure form and understand that CTOT is referring me/us to purchase the above -
described settlement service and may receive a financial or other benefit as a result of this referral.
The City of Southlake /lire
8y. 11 p
Name: T o I i t?,. ' r e d '
Title: 14/\.A. „,e
AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES
GF #: 13- 159194 -SB
State of Texas
County of Tarrant
SUBJECT PROPERTY:
1160 N White Chapel Blvd.
Southlake, TX 76092
See Exhibit "A "s for Parcel 19 Right of Way Acquisition and Parcel 19 -SE Temporary
Construction Easement
BEFORE ME, the undersigned authority, on this day personally appeared: Kyle Bush, 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:
S ecured Party Approximate Amount
GUARDIAN MORTGAGE COMPANY TO BE PARITALLY RELEASED WITH
NO MONEY DUE TO MORTGAGE
COMPANY
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 I /we 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 30th day of August, 2013.
0 zi ff
1../W.411A (4' :usi
SUBSCRIBED AND SWORN TO BEFORE ME, BY Kyle Bush this 9O day of .. 0,i,J-
2013.
4* ,, ,,, GAYLE GIEBEI.s i F U f
N ata'Y Pub 'r: Not.' y Public, State of Texas
011P fie? State of Toms 1),
1 /roi Q • My Comm. Expires 04-13 - 201:; :; Notary's Printed Name
My Commission Expires:
State of Texas
County of Tarrant
This instillment was acknowledged before ine, this day of ,See '` , 2013.
X ;
o �014 i GAYLE GIEBELSTEI
Publi
a ` otar Public State of Texas
, � State Notary of l
��rF ±�h7y Comm. Expires 04 i`�tEfjys Printed Name
''`A lVly Commission Expires:
TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Being the owner of the herein - described property, I KYLE BUSH ( "Owner ") hereby grant to the
City of Southlake, Texas (the "City "), and to the City's Contractors, a temporary construction easement
through a portion of a tract of land conveyed for the purpose of constructing necessary roadway facilities.
The temporary construction easement shall be a variable width and shall be west of, adjacent to
and parallel to the Permanent Right -of -Way Line shown on Exhibit "A" attached hereto.
It is understood that during construction the Contractors will of necessity require the temporary
construction easement to accommodate movement of equipment for handling and placement of piping
and supplies, but only as may be necessary, and in no case shall the Contractor permit equipment to
become in contact with, or damage existing buildings or other permanent lot improvements. It is further
understood that the Contractor shall be required by the City to restore all areas of the lot, relative to
fencing, structures, and other improvements to pre - existing conditions, or better. During such restoration,
the Contractor shall slope the surface of the temporary construction easement to provide a gradual
transition between the roadway and the remainder of the Owner's property.
This Temporary Construction Easement is subject to the following additional terms and
conditions:
a. The easement shall commence on the date the City issues a Notice to Proceed to the
construction Contractor for the N. White Chapel Blvd. from Highland St. to SH 114 for an initial term of
twenty four (24) months.
b. The easement shall terminate on the earlier to occur of (i) final acceptance by the City of
the Contractors' work or (ii) the completion of the improvements on subject parcel(s).
c. The City MAY extend this Temporary Construction Easement twice for twenty four (24)
month increments in return for $ 1200 paid by the City per twenty four month period to KYLE BUSH,
provided such payment is received before expiration of the prior term.
Temporary Construction Easement, Permission and Access granted this ca day of
2013.
BY k�r'�
Na e: : US
Page I
EXHIBIT 'A'
TEMPORARY CONSTRUCTION EASEMENT
0.0281 ACRES /1,224 SQ. FT. PARCEL
A POR77OW OF THE KYLE BUSH TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTNLAKE, TARRANT COUNTY, TEXAS
DESCRIPTION
BEING a 0.0281 acre troct of land situated in the Thomos M.
Hood Survey, Abstract No. 706, in the City of Southloke,
Torront County, Texas, being a portion of a coiled 0.26 ocre
tract conveyed to Kyle Bush occording to the General
Warranty Deed with Vendor's Lien as recorded in Instrument
No. D207059436 of the Official Public Records of Torrant
County, Texas (0.P.R.T.C.T.), and being more particularly
described by metes and bounds as follows:
COMMENCING of o 1/2" iron rod found for the most northerly
northwest corner of a called 1.38 ocre tract conveyed to
Michael A. Smith and Natasha C. Smith (Smith) according to
the General Warranty Deed as recorded in Instrument No.
D211297834. 0.P.R.T.C.T., said corner also being the
southwest corner of those certain tracts of land devised to
James Clifford Wood, Jr. (Wood) according to the Lost Will
and Testament of James Clifford Wood os recorded in
Instrument No. D197212230 of the Deed Records of Tarrant
County, Texas;
THENCE N 88'53'17" E (deed —N 89'40' E), with the most
northerly north line of said Smith tract and the south line
of said Wood tract, passing at o distance of 245.80 feet the
common most northerly northeast corner of said Smith tract
and the northwest corner of the aforementioned Bush tract,
and continuing with the south line of said Wood tract and
the north line of said Bush troct a total distance of 341.24
feet to the POINT OF BEGINNING;
THENCE N 88'53'17" E (deed —N 89'40' E), continuing with the
south line of said Wood troct and the north line of said
Bush troct, 15.65 feet to o 1/2" iron rod with plastic cop
stamped "TX REG NO 100189 -00" set for corner;
THENCE S 02'54'42" E, departing the south line of soid Wood
troct and the north line of said Bush troct, 75.71 feet to o
1/2" iron rod with plastic cop stomped "TX REG NO 100189 -00"
set for corner in the common south line of said Bush troct
and the most easterly north line of the aforementioned Smith
tract, from whence the common southeost corner of said Bush
tract and the most easterly northeast corner of said Smith
troct bears N 89'15'03" E (deed— WEST), 35.46 feet, and from
said common corner o 1/2" iron rod found for the southeast
corner of said Smith troct bears S 00'18'08" E. 78.42 feet;
THENCE S 89'15'03" W (deed — WEST), with the south line of
said Kyle Bush tract and the most easterly north line of
soid Smith troct, 16.72 feet;
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
TBPE FIRM REG. N0. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. N0. 100189 -00
Two Pork Lone Place / 8080 Pork Lone / Suite 600 NOVEMBER 1, 2012
Dallas, Texas 75231 / Ph. (214) 739 -4741 08 -10 -0763
8076— P19— TCE1.dwg
EXHIBIT 'A"
TEMPORARY CONSTRUC71ON EASEMENT
0.0281 ACRES /1,224 SQ. FT PARCEL
A PORTION THE KYLE BUSH TRACT
THOMAS M. HOOD SURREY, ABSTRACT NO. 706
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
THENCE N 02'06'26" W, departing the south line of said Kyle
Bush tract and the most easterly north line of said Smith
tract, 75.57 feet to the POINT OF BEGINNING and containing
0.0281 acres or 1,224 square feet of land, more or less.
•
FOR NATHAN D. AIER CONSULTING ENGINEERS, INC. - k ti
I q Sr .��,
»
6/airifOrer 4./CG
J. n L. Melton, R.P.L.S. No. 4268 ■ ■ u Itfi ii
i�q■ ;
� y #44268 268 i
- egistered Professional Land Surveyor v • �
. . 1'
NOTES:
s ua
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 os
base stations during GPS data collection sessions.
This survey wos performed without the benefit of o title
commitment and may be subject to liens, encumbrances,
easements, rights— of —woy, restrictions, covenants,
reservations or other conditions of record which the
undersigned has not been advised of or is aware of. No
additional research for easements was performed by Nathan D.
Maier Consulting Engineers, Inc. in the preparation of this
survey.
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 2 OF 3
TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189 -00 NOVEMBER 1, 2012
Two Pork Lone Place / 8080 Park Lane / Suite 600 08 -10 -076.8
Dallas, Texas 75231 / Ph. (214) 739 -4741 8076— P19— TCE 1.dwg
EXHIBIT 'A"
TEMPORARY CONSTRUCTION EASEMENT
0.0281 ACRES /1,224 SQ. FT. PARCEL
A PORTION THE KYLE BUSH TRACT
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
11\1‘
JR. JAMES CLIFFORD W000,
INST. NO. 0197212230
D.R.TCT.
— (LAST ►»u AND TESTAMENT N O P T H
OF JAMES CLIFFORD WOOD)
SCALE: 1 " =6Q'
POINT OF POINT OF
N (DEED ;53'17" E
/POINT
W � 15.65'
(DEED -N 80'40' E)
N 88 5377 E 341.2
J/2 IRF r 3 . 4-
W
245.80' 0.0281 ACRES
(1,224 SO. FT") N ^ - ` — 3/4"
AMPL n a,Y r
to to t} - -_� SOL ITHLAKE
1,
KYLE BUSH P � KYLE BUSH
INST. NO. 0207059436 GEODETIC MON 26
INST. NO. 0207059436 M — i \ a 0 k 0.P.R.T.CT
0. P,R. T.C. T. O CALLED 0.26 ACRES
CALLED 0.26 ACRES 3
(DEED - WEST)
S 8975'03 W I
MICHAEL A. SMITH AND
NATASHA C SMITH
16.72' (DEED- WEST) Z
INST. NO. 0211297834 N 897503" E- 35.45' 4i O
0.P.R. T.C. T. Q
CALLED 1.38 ACRES o p^
r
a
S O IS �'
I/2" IRK C. Ci
k. 41 ) m Oy O
v Q1'
ABBREV7A 710N LEGEND a a e i •
0.R. T.C. T, DEED RECORDS OF TARRANT o r t
COUNTY, TEXAS
0.P. R. T.C. T. OFFICIAL PUBLIC RECORDS OF Z (,)
TARRANT COUNTY, TEXAS V
P.R. T C. T. PLAT RECORDS OF TARRANT
C.48., SLIDE C BI ET. SLIDE BARBARA ANN PATY � Q
C.
INST NO. INSTRUMENT NUMBER (FORMERLY BARBARA ANN HARTZ)
VOL., PG. VOLUME, PAGE VOL. 7632, PG 2174 �
C.L. CENTERLINE D.R. T. C. T.
ESMT. EASEMENT CALLED 3.065 ACRES
R.0.W. RIGHT -OF -WAY
50. FT SQUARE FEET
IRF IRON ROD FOUND
IPF IRON PIPE FOUND
IRS W /CAP IRON ROD SET WITH PLASTIC
CAP STAMPED "TX REG NO
100189 -00"
,,.,\ p V NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 3
TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189 -00 NOVEMBER 1, 2012
Two Park Lone Place / 8080 Pork Lone / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 -4741 08 -10 -076.8
8076- P19- TCE1.dwg
Capital Title of Texas, LLC - Southlake Blvd
CapitalTitle 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- 159194 -SB
Buyer /Borrower(s): City of Southlake
Sellers(s): Kyle Bush
Property Address: 1160 N White Chapel Blvd., 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- 159194 -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
-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: 2
6 4tioVA, t /
t r
-title SeniorChairrnan of file Board
Authorized Countersignature
Capital Title of Texas, LLC - Southlake
Boulevard ;
Company �.�"'°* +° Chairman of the Board
� .'�;
fit*
* �sr"
Southlake, TX WIN .'
.f / .
City, State 19
- --
President
1 Page 1 of
Policy Serial 0- 5991 - 000089815 1
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 - 000089815
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.
(b) "Date of Policy ": The date designated as "Date of Policy" in The Insured shall notify the Company promptly in writing (i) in case of
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 5. DEFENSE AND PROSECUTION OF ACTIONS.
also include environmental protection liens filed in the records of the
clerk of the United States District Court for the district where the Land is (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 - 000089815
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 (1) 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 g. 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
liable for any loss or damage caused to the Insured.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; (b) In the event of any litigation, including litigation by the
TERMINATION OF LIABILITY. 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 4 of
Policy Serial 0- 5991 - 000089815
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
When liability and the extent of loss or damage have been definitely of the terms and provisions of the policy, (ii) modify any prior
fixed in accordance with these Conditions, the payment shall be made of Insurance. (iii) extend m e Date , Policy em increase the form, or
within 30 days. of Insurance. Each Commitment, endorsement or other form, or
provision in the Schedules to this policy that refers to a term defined in
Section 1 of the Conditions shall be deemed to refer to the term
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
1 ste rt
I
Page 5 of
Policy Serial 0- 5991 - 000089815
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- 159194 -SB Policy No.: 0 -5991- 000089815
Address for Reference only: 1160 N White Chapel Blvd., Southlake, TX 76092
Amount of Insurance: $35,000.00 Premium: $415.00
Date of Policy: September 20, 2013, at 12:14 pm
I . Name of Insured: City of Southlake, a municipal corportion 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 Kyle Bush and City of Southlake, a municipal corporation of Tarrant
County, Texas, dated September 20, 2013, recorded CC# D213248383, 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 0.0647 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, in the City of
Southlake, Tarrant County, Texas, being a portion of a called 0.26 acre tract conveyed to Kyle Bush according to the
General Warranty Deed with Vendor's Lien as recorded in Instrument No. D207059436 of the Official Public Records
of Tarrant County, Texas (0.P.R.T.C.T.), and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set for the northeast corner of the
aforementioned Kyle Bush tract, said corner being in the west right -of -way line of N. White Chapel Boulevard
(variable width right -of -way) and also being the southeast corner of those certain tracts of land devised to James
Clifford Wood, Jr. according to the Last Will and Testament of James Clifford Wood as recorded in Instrument No.
D197212230 of the Deed Records of Tarrant County, Texas;
THENCE S 00 18' 08" E (deed -S 01° 37' E), with said west right -of -way line of N. White Chapel Boulevard and the
east line of said Kyle Bush tract, 75.90 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set
for the southeast corner of said Kyle Bush tract, said southeast corner also being the most easterly northeast corner of
a called 1.38 acre tract conveyed to Michael A. Smith and Natasha C. Smith according to the General Warranty Deed
as recorded in Instrument No. D211297834, 0.P.R.T.C.T., from whence a 1/2" iron rod found for the southeast corner
of said Smith tract bears S 00 18' 08" E, 78.42 feet;
THENCE S 89° 15' 03" W (deed - WEST), departing said west right -of -way line of N. White Chapel Boulevard and
with the south line of said Kyle Bush tract and the most southerly north line of said Smith tract, 35.46 feet to a 1/2"
iron rod with plastic cap stamped "TX REG NO 100189 -00" set for corner:
THENCE N 02° 54' 42" W, departing the south line of said Kyle Bush tract and the most southerly north line of said
Smith tract, 75.71 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 Kyle Bush tract, said north line also being the south line of the aforementioned James Clifford
Wood, Jr. tract, from whence a 1/2" iron rod found for the common southwest corner of said Wood tract and the
most northerly northwest corner of said Smith tract bears S 88° 53' 17" W (deed -N 89° 40' E), 356.90 feet;
THENCE N 88° 53' 17" E (deed -N 89° 40' E), with the north line of said Kyle Bush tract and the south line of said
Wood tract, 38.91 feet to the POINT OF BEGINNING and containing 0.0647 acres or 2,818 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- 000089815
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- 159194 -SB Policy No.: 0 -5991- 000089815
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- 000089815
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 Kyle Bush to XTO Energy Inc., dated July 28, 2008, filed August 6,
2008, recorded in CC #D208306254, Real Property Records, Tarrant County, Texas. The Company makes no
representation as to the present ownership of this interest.
Countersigned
Capital Title of Texas, LLC - Southlake Boulevard
By _
Authorized Signatory
FORM T -1: Owner's Policy of Title Insurance Page 4
GF No. 13- 159194 -SB
Stewart Title Guaranty Company
Owner's Policy No.: 0 -5991- 000089815
Premium Amount Rate Rules Property County Liability Date
Type Code
1 2 3 4 5 6 7 8
$415.00 1000 2 439 $35,000.00 09/20/2013