Greenway-White Chapel, L.P (Lot 1, Block A) - Drainage Easement PURCHASER'S STATEMENT
Date: December 6, 2013 GFNo: 13- 173819 -SB
Sale From: Greenway White- Chapel, L.P. To: City of Southlake
2808 Fairmont Street, Ste. 100 1400 Main Street, Suite 270
Dallas, TX 75201 -7622 Southlake, TX 76092
Property: 0.428 Acres for a 15' Darianage Easement Parcel 41 (P37)
200 Countryside Court
Southalke, TX 76092
Purchase Price $16,610.00
Plus: Charges
Filing Fees to Capital Title of Texas $24.00
Rel to Capital Title of Texas $24.00
Record Drainage Easement to Capital Title of Texas $36.00
e- recording fee to United eRecording $18.00
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
Attorneys Fees to Shaddock & Associates, P.0 $75.00
Title Insurance $288.00
Single Issue $288.00
Guranty Fee to Texas Title Insurance Guaranty Association $2.00
Total Charges $1,252.80
Gross Amount Due By Purchaser $17,862.80
Less: Credits
Total Credits $0.00
Balance Due by Purchaser $17,862.80
Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources
and cannot guarantee the accuracy thereof. The lender involved may be furnished a copy of this statement.
Purchaser understands that tax and insurance 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 Soutlake
B y -- BCjg
Gayle Giebelstein Name: Zeikel (, 1 i ire yAl
Title:
Printed at: 12/02/2013 (05:41 pm) Compliments of Capital Title of Texas, LLC - Southlake
Boulevard
CITY OF
SOUTHLAKE
1 /3
Public Works Administration
August 30, 2013
Certified Mail, Return Receipt Requested # 7012 1640 0000 6722 4473
Mr. Mark Hardaway
Greenway -White Chapel, LP
2808 Fairmount St, Suite 100
Dallas, TX 75201
Subject: 200 Countryside Ct., Southlake, Texas 76092 — Parcel 41 (P37) — Final Offer
15 -ft Permanent Drainage Easement
Dear Mr. Hardaway:
In accordance with the Texas Landowner's Bill of Rights, prescribed by the Texas Legislature in
Texas Government Code Section 402.031 and Chapter 21 of the Texas Property Code, the City
of Southlake commissioned Goodrich, Schechter & Associates of Fort Worth, Texas to appraise
the market value of a 1,865 square feet (0.0428 acre) tract of land that the City proposes to
acquire as a permanent drainage easement. You have received a copy of this appraisal.
The City of Southlake is proposing to widen North White Chapel Boulevard from Emerald
Boulevard to Highland Street to improve traffic flow as part of the City's Capital Improvement
Program. In order to accomplish this, it is necessary to construct a portion of the proposed .
improvements adjacent to your property at 200 Countryside Court. The City of Southlake is
requesting a permanent drainage easement at this location to allow for the construction of 0
drainage improvements and City access for future construction or maintenance and repair. ,D
y 1
The City of Southlake final offer is fifteen thousand one hundred dollars ($15,100) as 4�j 1.
compensation for the proposed easement acquisition, which is fair market value of the parcel as
determined by said appraisal. °
I have enclosed the easement documents for your review, along with a copy of the Texas
Landowner's Bill of Rights, prescribed by the Texas Legislature in Texas Government Code
Section 402.031 and Chapter 21 of the Texas Property Code. If you are agreeable to the request, a
please sign the offer letter and return it to the City of Southlake in the attached envelope and I t
will initiate the closing process. We do request that counter offers be accompanied by a
supporting certified appraisal.
Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork
N. White Chapel Widening from Highland St. to SH114 Page 2 of 2
Time is of the essence for this vital transportation improvement project, therefore we are asking
for a response to our offer within 14 days. Time will be allotted in the Right -of -Way acquisition
process for you to obtain an appraisal to support a counter offer, however, please provide the
City an executed agreement with a certified appraiser for our files.
The City of Southlake commissioned Mr. Jerry Hodge at Hodge & Associates to help facilitate
the right of way acquisition process. We hope you will give this offer serious consideration. 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., CFM
Civil Engineer
cc: File
Cheryl Taylor, P.E., CFM, City Engineer
Attachments: Landowner Bill of Rights
ROW Documents
EXECUTED this 7 d ay of 411 ,2013
SELLER:
Green a it. h LP 111-.F !a•04/4c --e "ie e-
a , ,r . 4*A i :=
r r Or-
...■••••—
2808 Fairmount St., Suite 100
Dallas, TX 75201
CITY OF SOUTHLAKE
DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That GREENWAY -WHITE CHAPEL, L.P. ( "Grantor"), for and in consideration of the sum of Ten
($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE,
home rule municipal corporation of the County of Tarrant, State of Texas ( "Grantee "), the receipt and
sufficiency of which is hereby acknowledged and confessed, does hereby grant, sell and convey unto the
said GRANTEE a non - exclusive, permanent and perpetual easement for the purpose of installing,
repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating Drainage
facilities in, into, upon, over, across, under and through all that land in Tarrant County, Texas described
as follows, to -wit:
A 15 foot wide Permanent Drainage Easement, described in Exhibit "A" and
shown on Exhibit "B" attached hereto and incorporated herein (the
"Easement Area ").
together with the right of reasonable ingress and egress upon the Easement Area as necessary for such
purposes.
Grantor reserves for itself and its tenants and their respective successors and assigns of the
Grantor's Property, with the right of assignment in whole or in part, the full and complete enjoyment of
the Easement Area, including, without limitation, the right of vehicular and pedestrian access from
Grantor's adjacent property ( "Grantor's Property ") across the Easement Area to abutting streets and
the right to use the surface of the Easement Area, except that Grantor's use of the Easement Area shall
not unreasonably interfere with and materially impair the rights specifically granted herein to Grantee.
In addition, Grantor shall have the right to dedicate, construct, place, maintain, lay, inspect, protect,
operate, repair, alter, substitute, replace and remove (i) surfacing materials, roads, streets, sidewalks,
parking lots and landscaping over, across and along the Easement Area; and (ii) telephone, electric, gas,
sewer and water lines or public utilities across and through the Easement Area and such activities shall
not constitute interference with the easement granted herein so long as such improvements on the
Easement Area do not unreasonably and materially impair Grantee's use of the Easements.
Notwithstanding the foregoing, Grantor covenants and agrees that Grantor and Grantor's
representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected,
placed or constructed in, into, upon, over, across or under the Easement Area any temporary or
permanent building structures, and it is further agreed that GRANTEE shall have the right to excavate
and fill upon said permanent easement and to remove from said permanent easement, any fences,
buildings or other obstructions as may now be found upon said permanent easement. After performing
any work within the Easement Area, Grantee will promptly restore the surface of the Easement Area, at
Grantee's sole cost and expense, to substantially the same condition as prior to Grantee's work,
including without limitation restoration of any sidewalks, driveways, or similar surface improvements
located upon or adjacent to the Easement Area, which may have been removed, relocated, altered,
1
064275.00000 179911.2
damaged, or destroyed as a result of the Grantee's use of the Easement Area. Grantee shall remove any
debris resulting from its use of the Easement Area. Grantee's construction of drainage facilities within
the Easement Area and Grantee's use of the easement from time to time shall not unreasonably
interfere with or hinder the business operations on the Grantor's Property and /or ingress and egress
thereto.
It is further intended that the Permanent Drainage Easement herein granted to the Grantee
shall run with the land and forever be a right in and to the Easement Area; provided, however, that the
easement does not constitute a conveyance of the Easement or of the minerals therein and thereunder,
but grants only an easement, subject to all matters of record in Tarrant County, Texas validly subsisting
against the Easement Area on this date, and all easements, rights -of -way and prescriptive rights, of
record; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases,
mineral severances and other instruments, other than liens and conveyances, that affect the Easement
Area (collectively, the "Permitted Exceptions ").
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTEE HEREBY AGREES TO HOLD
HARMLESS GRANTOR AND ITS AGENTS, SUCCESSORS AND ASSIGNS (THE "GRANTOR PARTIES ") FROM
AND AGAINST, AND TO REIMBURSE THE GRANTOR PARTIES WITH RESPECT TO ANY AND ALL LOSSES,
COSTS, LIABILITIES, CLAIMS, DEMANDS, DAMAGES, EXPENSES, OR CAUSES OF ACTION OF WHATEVER
NATURE, ACTUAL OR THREATENED, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, REASONABLE
ATTORNEY FEES AND COST OF SUIT PAID OR INCURRED BY THE GRANTOR PARTIES, ASSERTED BY OR
RELATED, DIRECTLY OR INDIRECTLY, TO GRANTEE'S USE OF THE EASEMENT AREA AND THE EASEMENT
GRANTED HEREIN AND THAT ARE CAUSED BY OR ARISE IN ANY MANNER OUT OF ACTS OR OMISSIONS
OF GRANTEE, IT'S AGENTS, EMPLOYEE'S, REPRESENTATIVES OR ANY OTHER PERSON UNDER
GRANTEE'S CONTROL OR ACTING AT GRANTEE'S DIRECTION.
Grantor hereby binds itself, its successors and assigns, to warrant and forever defend the
easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming
or to claim the same or any part thereof, by, through and under Grantor, but not otherwise, subject to
the terms, conditions and provisions set forth herein, including but not limited to the Permitted
Exceptions.
IN WITNESS WHEREOF, this instrument is executed this 3 day of ..-ti. 2013.
GREENWAY -WHITE CHAPEL, L.P.
By: White Chapel GP, ..LC,
a Texas limited liaility company,
its general partn
N
By: 4 ; ,.
Name: Gerald H. Stool
Title: sole member
2
064275.00000 179911.2
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally
appeared Gerald H. Stool, sole member of White Chapel GP, LLC, the general partner of Greenway-
White Chapel, L.P., known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was executed for the purposes and consideration
therein expressed, and in the capacity therein stated.
• p it:
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Di _ i:__ ���.
2013.
Not' y Public in arpcyfor
r�n � Pi " " "' Kimberly Ann Wallace The State of Texas
;
? ° ; ''� �=`I Notary Public,
V
/`1 - State of Texas _
S
% ea" 4
'�ii;,,a,�o�`� Commission Expires 01 -07 -14 -- l � L
'
My Commission Expires: I _ r
Typed or Printed Name of Notary: I {} l 1 . r
Y\ 6 �_? t_,� lT. `i� l..(. u4 ,ice
3
064275.00000 179911.2
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest and real property conveyed by this dedication instrument
dated the day of , 2013, from to
the City of Southlake, has been duly accepted subject to all terms and conditions contained therein, and
the City Council has consented to recordation of such dedication instrument by its duly authorized
officer.
Dated: b QCi _ S 0-0 t3
C____ /
Mayor, City of South►
ATTEST:
..,.E 1
} 6f)
City Secretary
AFTER FILING, PLEASE RETURN TO:
City of Southlake
City Secretary
1400 Main Street, Suite 270
Southlake, Texas 76092
Phone: (817) 481 -1519
Fax: (817) 481 -5826
4
064275.00000 179911.2
EXHIBIT "A"
DRAINAGE EASEMENT
0.0428 ACRE1,865 SQ. FT. PARCEL
A PORTION OF THE RafAIIW OF LOT 1, BLOCK A, RAVENAUX VILLAGE
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
DESCRIPTION
BEING a 0.0428 acre tract of land situated in the Thomas M.
Hood Survey, Abstract No. 706, in the City of Southlake,
Tarrant County, Texas and being a portion of the remainder -
of Lot 1, Block A of Rovenaux Vitloge, an addition to the
City of Southlake, Texos occording to the plot thereof
recorded in Volume 388 -213, Page 31 of the Plot Records of
Torrant County, Texos, said remainder of Lot 1, Block A
being o portion of a coiled 3.515 acre troct of lond
conveyed to Greenway White Chopel, L.P. according to the
Special Warranty Deed with Vendor's Lien as recorded in
Instrument No. D207302342 of the Deed Records of Tarrant
County. Texos (D.R.T.C.T.), and being more particularly
described by metes and bounds os follows:
COMMENCING of a 5/8" iron rod with plastic cap stomped "W.W.
Word RPLS 2014" found in the north line of the
aforementioned Lot 1, Block A ot an angle point in the eost
line of the aforementioned Greenwoy—White Chapel, L.P.
called 3.515 acre tract and in the west right— of —woy line of
N. White Chapel Boulevard (variable width right —of —way),
said north line also being the north line of a 15' Drainoge
& Utility Easement as reflected on the aforementioned plot
of Rovenaux Village;
THENCE S 89'29'07" E (plot —S 88'29'57" E), with the north
line of soid Lot 1. Block A and said 15' Droinoge & Utility
Easement and with said west right —ot —way line of N. White
Chapel Boulevard, 4.40 feet to an angle point in the east
line of said Greenway White Chapel, L.P. called 3.515 acre
tract and in said west right —of —way line of N. White Chapel
Boulevard, sold angle point being the northwest corner of o
called 0.0221 acre tract of lond granted to the City of
Southlake for rood right — of—woy according to the instrument
recorded in Volume 14566, Page 498, D.R.T.C.T.;
THENCE S 00'43'21" E, deporting the north line of soid Lot
1, Block A and said 15' Drainage & Utility Eosement and with
the west line of said 0.0221 acre road right —of —way, 15.00
feet to the south line of said 15' Drainage & Utility
Easement and to the POINT OF BEGINNING;
THENCE S 00'43'21" E, deporting the south line of said 15'
Drainage & Utility Easement and continuing with the west
line of said coiled 0.0221 acre rood right —of —way, 124.18
feet, from whence a 1/2" iron rod found ot the point of
curvature of the south line of said Lot 1, Block A and the
north right —of —way line of Countryside Court (56' right —of—
way) bears S 00'43'21" E, 60.68 feet and S 89'12'41" W
(plat --N 89'48'09" W), 288.60 feet;
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
TBPE FIRM REG. NO. F -356
TBPLS FIRM REG. NO. 100189 -00 JANUARY 10, 2013
Two Pork Lane Place / 8080 Pork Lane / Suite 600 08 -10 -076.8
Dollos, Texas 75231 / Ph. (214) 739 -4741 8076— P34— DE1
EXHIBIT "A'
DRAINAGE EASEMENT
0.0428 ACRES/`1, 885 SQ. FT. PARCEL
A PORTION OF THE REMAIN OF LOT 1, BLOCK A, RAVENAUX VILLAGE
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
THENCE S 89'16'39" W, deporting the west line of said called
0.0221 acre rood right —of —way, 15.00 feet;
THENCE N 00'43'21' W. 124.50 feet to the south line of said
15' Drainage & Utility Easement;
THENCE S 89'29'07" E, with the south line of soid 15'
Drainage & Utility Easement, 15.00 feet to the POINT OF
BEGINNING and containing 0.0428 acres or 1,865 square feet
of land, more or less.
FO' NATHAN MAIER CONSULTING ENGINEERS, INC. !�
1111 1141.400/
n L. B elton, R_P.L.S. No. 4268 0 JOHN L. MELTON
- egistered Professional Land Surveyor
77476
:
) SaILESSIA • 4:1
NOTES: S U %
Bearings for this survey are based on the Western Doto
Systems Texas Cooperative Network and ore referenced to
NAD83 State Plane Coordinate System, Texas North Central
Zone 4202. Stations DMLN —g and DML2 -90811 were utilized as
base stations during GPS data collection sessions.
This survey wos performed without the benefit of a 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 odvised of or is aware of. No
additional reseorch for easements was performed by Nathon D.
Moier 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
TBPLS FIRM REG. N0. 100189-00
JANUARY 10, 2013
Two Pork Lone Place / 8080 Park Lone / Suite 600 08 -10 -076.8
Dallas, Texas 75231 / Ph. (2f 4) 739 -4741 8076— P34— DE1.dwg
B
EXHIBIT ".A'"
DRAINAGE EASEMENT
0.0428 ACRES/f, 865 SQ. FT. PARCEL
A PORTION OF THE REMAIND OF LOT 1, BLOCK A, RAVENAUX VILLAGE -
THOMAS M. HOOD SURVEY, ABSTRACT NO. 706
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
w ,
W/W V WARD
i RPIS 7014 CAP
/ /,,��jf � «��.� \ sue
1)I i 1 GREENWAY- -WHITE CHAPEL. L P. w/W. IC WARD k R -0 7
�It �� INS T. N0. D207302342 qqs 2Pi4 CAP yo+ �J � �
!tl llI D.R.T.CT +�
POR77014 OF CALLED 3.515 ACRES A- IA E 1 44_ _.
N1.0 R T H . V9y1+
SCALE: 1 " =60' POINT OF �a ' � ° f (7 4 f
COMMENCING .,,, . A .. R/W w. f RARO A ` RP LS 2014 GIP
nn D o ti\
VOL, DRAINAGE B8 -21 PG P.R. S 89 9'07" &- 15.00 ; y `F0. 4' BRASS MONT.
STAMPED TEXAS AEPARTTIONT
- or TRANSPORTATION"
q%PUNCTUBE ON SLOE`
POINT OF \ f0.4 BRASS mom: sumPED "TEXAS
in " V BEGINNING DEPARTMENT
rAnou
w r` N74TE CHAPEL VILLAGE
GREENwnr -V4 CHAPEL, LP. 0428 ACRES 3 °" t IsNT CENTER PARTNERS 9
r 0 0.4368
INST. Na 0207302342 (1,865 SQ. f7.) w CALLE 0.4368 ACRES
O.R.
1 W -
PORTION OF CALLED .2575 ACRES N vrair CHAPEL VILLAGE
REMAINDER OF LOT T. BLOCK A • ' CENTER PARTNERS LP
RAVENAUX VILLAGE
Q INST. NO. 0205293662
VOL_ 388 -214 PG 37 O b D.R, T.GT,
P.R. T.C.T.
Z ED 124
CALLED 1240 ACRES
•
4 . 1
U
`�
5 89 WN15.00' 4-
"'- 07r OF SOUTHLAKE X 0 . 1 01: 'CG
�F • ROA0 RIGHT -OF -WAY + ,P44. Q
" d VOL. 14566, PG. 490 G dl �y+ QF �'
o QS D.R. #., 0.4 n. c, ..-
o CALLED 0.0221 ACRE
(PLAT N 89'4809" w) �'k 0 e
S 8972'41" W 288.60' 6 a
7/2" RP e +�y4 a �
y 9' G .
COUNTRYSIDE COURT v ,, 4 Cf
ABBREWA nON LEGEND (56' RO. w) m + 4' , .,4 0 0. /
D.R. T.0 T. DEED RECORDS OF TARRANT r 30' • y tl p TT ryy � l'. j
COL/MTY, TEXAS 1
ILO 6 'C , Q' 0�
0.P.R.T.CT. OFFICIAL PUBLIC RECORDS OF a' 0 V, +
TARRANT COUNTY, TEXAS _ 57CHT TRIANGLES � 'u q � N).40 O ,0/
P.R. T. C T PLAT RECORDS OF TARRANT N tO
COUNTY TEXAS 70' WATER LRNE ESMT. \ I ` Y W o =� y ra
CAB., SUOE CABINET, �T, SLIDE \ 1 L Q * V w 4 /
/HST NO. INSIRUULNT NU l18ER LOT 794 \ --o m y
LOTS TR1, iRZ 193 AND 1R4, n %
VOL.. PG VOLUME, PAGE BLOCK 8, RAVENAUX NLLAGE o
C.L, CENTERLINE INST. N0. D209275061 I — I; N / in � 0 � . , pf!!T£ CHAPEL WLLACE
Eau.. EASEMENT 0.9.9 c.T. / NTER PARTNERS L.P.
80.W. RIGHT -OF -WAY -'z
EET j 4..:•
/ HST, Na 0205293662
SO. FT SOUARE F
RP NON 903 FOUND COUNTRYSIDE COURT, LLC / 0 . I, O.R.
PIPE INST. Na 0211049898 / v . z PORTION OF
PE IRON W /CAP IRAN ROD SET WITH PLASTIC OPRT.CT. I .)- Z CALLED 12.40 ACRES Rs
CAP STAMPED "TX REG NO VARIABLE WIDTH DRAINAGE } I TRACT I, BLOCK 7
100 789 -00" AND UTILITY ESAIT. -- CHIVER5 ADDITION
INST. N0. 0209215061 / I VL, ,T88 -742 90 47
O.P.9T.C.T. / I P.R.T.CT.
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 3
....\ D V TBPE FIRM REG. N0. F -356
TBPLS FIRM REG. NO. 100189-00
JANUARY 10, 2013
Two Park Lone Place / 8080 Park Lane / Suite 600
Dallas. Texas 75231 / Ph. (214) 739 -4741 08-10 -076.8
8076- P34- DE1.dwg
SHADDOCK & ASSOCIATES, P.C.
2400 N. Dallas Parkway, Suite 560
Plano, Texas 75093
972 - 526 -7642
ATTORNEY REPRESENTATION NOTICE
GF# 13-173819-SB DALE: December 02, 2013
SELLER: Greenway White- Chapel, LP.
PURCHASER: City of Southlake
PROPERTY: 0.428 Acres for a 15' Darianage Easement Parcel 41 (P37)
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 &
ASSOCIA "TES, 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 & ASSOCIA I ES, 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 attomey /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 Soutlake Greenway -White Chapel, L.P.
a Texas limited partnership
E By: . ' 1•1!".m.,. By: White Chapel GP, LLC
Name: J e . erreAI a Texas limit d liability company,
Title: inn o r general p er /
By L,
Gerald H. Stool, sole member
Order No. 13- 173819 -SB
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
NOTICE TO PARTIES
(Pursuant to 24CFR3500, Appendix "Cr)
To: Buyer /Borrower: City of Southlake
1400 Main Street, Suite 270
Southlake, TX 76092
Seller Greenway White- Chapel, L.P.
2808 Fairmont Street, Ste. 100
Dallas, TX 75201 -7622
From: Capital Title of Texas, LLC
Property: Being a 0.0428 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, in
the City of Southlake,
Tarrant County, Texas and being a portion of the remainder of Lot 1, Block A of Ravenaux
Village, an addition to the
City of Southlake, Texas according to the plat thereof recorded in Volume 388 -213, Page 31 of
the Plat Records of
Tarrant County, Texas, said remainder of Lot 1, Block A being a portion of a called 3.515 acre
tract of land conveyed to Greenway -White Chapel, L.P. according to the Special Warranty
Deed with Vendor's Lien as recorded in Instrument No. D207302342 of the Deed Records of
Tarrant County, Texas ( D.R.T.C.T.), and being more particularly described by metes and
bounds as follows:
COMMENCING at a 5/8" iron rod with plastic cap stamped "w.w. Ward RPLS 2014" found in
the north line of the
aforementioned Lot 1, Block A at an angle point in the east line of the aforementioned
Greenway -White Chapel, L.P.
called 3.515 acre tract and in the west right - ot-way line of N. White Chapel Boulevard (variable
width right -of -way),
said north line also being the north line of a 15' Drainage & Utility Easement as reflected on the
aforementioned plat
of Rovenaux Village;
THENCE S 89 °29'07" E (plat -S 88 °29'57" E), with the north line of said Lot 1, Block A and sald
15' Drainage & Utility
Easement and with said west right -ot -way line of N. White Chapel Boulevard, 4.40 feet to on
angle point in the east
line of said Greenway -White Chapel, L.P. called 3.515 acre tract and in said west right -ot -way
line of N. White Chapel
Boulevard, said angle point being the northwest comer of a called 0.0221 acre tract of land
granted to the City of
Southlake for road right -of -way according to the instrument recorded in Volume 14566, Page
498, D.R.T.C.T.;
THENCE 5 00 °43'21" E, departing the north line of said Lot 1, Block A and said 15' Drainage &
Utility Easement and with
the west line of said 0.0221 acre road right -of -way, 15.00 feet to the south line of said 15'
Drainage & Utility Easement and to the POINT OF BEGINNING;
THENCE S 00 °43'21" E, deporting the south line of said 15' Drainage & Utility Easement and
continuing with the west
line of said called 0.0221 acre road right -ot -way, 124.18 feet, from whence a 1/2" iron rod found
at the point of curvature of the south line of said Lot 1, Biock A and the north right -ot -way line of
Countryside Court (56' right -of -way) bears S 00 °4321" E, 60.68 feet and S 89 °12'41" W (plat -N
89 °48'09" W), 288.60 feet;
THENCE S 89 °16'39" W, departing the west line of said called 0.0221 acre road right -of -way,
15.00 feet;
THENCE N 00 °43'21" W, 124.50 feet to the south line of said 15' Drainage & Utility Easement;
THENCE S 89 °29'07" E, with the south line of said 15' Drainage & Utility Easement, 15.00 feet
to the POINT OF BEGINNING and containing 0.0428 acres or 1,865 square feet of land, more
or less.
Affiliated Business Disclosure — United Tax Service Page 1 of 2 Rev. f16 /03
NOTE: The Company is prohibited from insuring the area or quantity of the land described •
herein. Any statement in the legal description contained in Schedule "A" as to area or quantity
of land is not a representation that such area or quantity is correct, but is made only for
informal identification purposes and does not override Item 2 of Schedule "B" hereof.
Date: December 2, 2013
This is to give you notice that CAPITAL TITLE OF TEXAS, LLC ( "CTOT"), has a business relationship with
PREMIER SURVEYING, LLC, WILLOWBEND MORTGAGE, SHADDOCK & ASSOCIATES, PC,
CAPITAL NATIONAL FINANCIAL, INC. CAMBRIDGE INSURANCE AGENCY, LLC, UNITED TAX
SERVICE and UNITED E- RECORDING, LLC, (referred to collectively as "United "), 2400 N. Dallas
Parkway, Suite 560, Piano, 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 11100 per recorded document
Premier Surveying, LLC Range of Estimated charges
Cambridge Insurance Agency, LLC
Willowbend Mortgage
Capital National Financial, Inc.
Shaddock & Associates, PC
1 /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 Soutlake Greenway -White Chapel, L.P.
a Texas limited partnership
By: By: White Chapel GP, LL j
Name: Sol-Sol . Tr.rr t I a Texas limited liabili company,
Title: v�> tr.(' general partner `
,"/
By: s ' -
Gerald H. Stool, sole member
•
Capital Title of Texas, LLC - Southlake Blvd
CapitalTitie
1150 N. Carroll Avenue
Southlake, TX 76092
Phone 817 - 329 -8989 Fax 817 - 329 -8282
OWNER POLICY OF TITLE INSURANCE TRANSMITTAL
March 4, 2014
City of Southlake
1400 Main Street, Suite 320
Southlake, TX 76092
RE: Order No.: 13- 173819 -SB
Buyer /Borrower(s): City of Southlake
Sellers(s): Greenway White - Chapel, L.P.
Property Address: 200 Countryside Court, Southalke, 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- 173819 -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 fumish 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
\a to
title guaranty company
Any notice of claim and any other notice or statement in writing required to be given the Company under
this Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS, STEWART TITLE GUARANTY, a Texas corporation (the "Company') insures, as of Date of Policy and, to
the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance,
sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on
adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception
on or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
Covered Risks continued on next page.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly
authorized officers as of Date of Policy shown in Schedule A.
Countersigned by:
u _stevvart
Ma guaranty company Senior Chairman ofthie Board
Authorized Countersignature
Capital Title of Texas, LLC - Southlake olf
Boulevard * •"
Chairman of the Board
Company
' =,, 1004
teas
_ Southlake, TX , pis r✓
City, State President
I Page 1 of
Policy Serial 0- 5991 - 000089829 I
Form T -1: Owner's Policy of Title Insurance (Rev. 2/1/10)
COVERED RISKS CONTINUED FROM PAGE 1
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building
and zoning) restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of
the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of
all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state
insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the
Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording
of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
11. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting or relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit
the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered
Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured
under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under
Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction vesting the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests
Title as shown in Schedule A.
6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described
in Schedule A because of Unmarketable Title.
I Page 2of
Policy Serial 0 -5991- 000089829
1
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
these Conditions. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
(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 Insureds 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; (11) 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 fumish 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 (a) Upon written request by the Insured, and subject to the
clerk of the United States District Court for the district where the Land is
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 3of
Policy Serial 0- 5991 - 000089829
1
CONDITIONS Continued
(b) The Company shall have the right, in addition to the options To pay or tender payment of the Amount of Insurance under this
contained in Sections 3 and 7, at its own cost, to institute and policy together with any costs, attomeys' 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, attomeys' 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, attomeys' 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 fumish the required 8. DETERMINATION AND EXTENT OF LIABILITY.
cooperation, the Company's obligations to the Insured under the policy This policy is a contract of indemnity against actual monetary loss or
shall terminate, including any liability or obligation to defend, prosecute, damage sustained or incurred by the Insured Claimant who has
or continue any litigation, with regard to the matter or matters requiring suffered loss or damage by reason of matters insured against by this
such cooperation. policy.
(b) The Company may reasonably require the Insured Claimant (a) The extent of liability of the Company for loss or damage
to submit to examination under oath by any authorized representative under this policy shall not exceed the lesser of:
of the Company and to produce for examination, inspection and (i) the Amount of Insurance; or
copying, at such reasonable times and places as may be designated (ii) the difference between the value of the Title as insured
by the authorized representative of the Company, all records, in and the value of the Title subject to the risk insured against by this
whatever medium maintained, including books, ledgers, checks, policy.
memoranda, correspondence, reports, e- mails, disks, tapes, and (b) If the Company pursues its rights under Section 3 or 5 and is
videos whether bearing a date before or after Date of Policy, that unsuccessful in establishing the Title, as insured,
reasonably pertain to the loss or damage. Further, if requested by any (i) the Amount of Insurance shall be increased by 10 %, and
authorized representative of the Company, the Insured Claimant shall (ii) the Insured Claimant shall have the right to have the Toss
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, attomeys' 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 9. 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 govemmental 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 4of
Policy Serial 0- 5991 - 000089829
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.
Except as the endorsement expressly states, it does not (i) modify any
12. PAYMENT OF LOSS.
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 endorsement, (iii) extend the Date of Policy or (iv) increase the Amount
of Insurance. Each Commitment, endorsement or other form, or
within 30 days. provision in the Schedules to this policy that refers to a term defined in
Section 1 of the Conditions shall be deemed to refer to the term
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. regardless of whether the term is capitalized in the Commitment,
(a) Whenever the Company shall have settled and paid a claim endorsement or other form, or Schedule. Each Commitment,
under this policy, it shall be subrogated and entitled to the rights of the endorsement or other form, or provision in the Schedules that refers to
Insured Claimant in the Title and all other rights and remedies in the Conditions and Stipulations shall be deemed to refer to the
respect to the claim that the Insured Claimant has against any person Conditions of this policy.
or property, to the extent of the amount of any loss, costs, attomeys'
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
Stewart
-title guaranty company
I Page 5of
Policy Serial 0- 5991 - 000089829
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- 173819 -SB Policy No.: 0 -5991- 000089829
Address for Reference only: 200 Countryside Court, Southaake, TX 76092
Amount of Insurance: $16,610.00 Premium: $288.00
Date of Policy: December 10, 2013, at 03:56 pm
1. Name of Insured: City of Southlake
2. The estate or interest in the Land that is insured by this policy is: Easement Estate
3. Title is insured as vested in: City of Southlake
4. The Land referred to in this policy is described as follows:
Being a 0.0428 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, in the City of Southlake,
Tarrant County, Texas and being a portion of the remainder of Lot 1, Block A of Ravenaux Village, an addition to the
City of Southlake, Texas according to the plat thereof recorded in Volume 388 -213, Page 31 of the Plat Records of
Tarrant County, Texas, said remainder of Lot 1, Block A being a portion of a called 3.515 acre tract of land conveyed
to Greenway -White Chapel, L.P. according to the Special Warranty Deed with Vendor's Lien as recorded in
Instrument No. D207302342 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod with plastic cap stamped "w.w. Ward RPLS 2014" found in the north line of the
aforementioned Lot 1, Block A at an angle point in the east line of the aforementioned Greenway -White Chapel, L.P.
called 3.515 acre tract and in the west right -ot -way line of N. White Chapel Boulevard (variable width right -of -way),
said north line also being the north line of a 15' Drainage & Utility Easement as reflected on the aforementioned plat
of Rovenaux Village;
THENCE S 89 °29'07" E (plat -S 88 °29'57" E), with the north line of said Lot 1, Block A and said 15' Drainage &
Utility
Easement and with said west right -ot -way line of N. White Chapel Boulevard, 4.40 feet to on angle point in the east
line of said Greenway -White Chapel, L.P. called 3.515 acre tract and in said west right -ot -way line of N. White Chapel
Boulevard, said angle point being the northwest corner ot a called 0.0221 acre tract of land granted to the City of
Southlake for road right -of -way according to the instrument recorded in Volume 14566, Page 498, D.R.T.C.T.;
THENCE S 00 °43'21" E, departing the north line of said Lot 1, Block A and said 15' Drainage & Utility Easement
and with
the west line of said 0.0221 acre road right -of -way, 15.00 feet to the south line of said 15' Drainage & Utility Easement
and to the POINT OF BEGINNING;
THENCE S 00 °43'21" E, deporting the south line ot said 15' Drainage & Utility Easement and continuing with the
west
line of said called 0.0221 acre road right -ot -way, 124.18 feet, from whence a 1/2" iron rod found at the point of
curvature of the south line of said Lot 1, Block A and the north right -ot -way line of Countryside Court (56' right -of-
way) bears S 00 °43'21" E, 60.68 feet and S 89 °12'41" W (plat -N 89 °48'09" W), 288.60 feet;
THENCE S 89 °16'39" W, departing the west line of said called 0.0221 acre road right -of -way, 15.00 feet;
THENCE N 00 °43'21" W, 124.50 feet to the south line of said 15' Drainage & Utility Easement;
FORM T -1: Owner's Policy of Title Insurance Page 1
Continuation of Schedule A Policy No. 0 -5991- 000089829
THENCE S 89 °29'07" E, with the south line of said 15' Drainage & Utility Easement, 15.00 feet to the POINT OF
BEGINNING and containing 0.0428 acres or 1,865 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 -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- 173819 -SB Policy No.: 0 -5991- 000089829
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):
Those restrictive covenants recorded in Volume 388 -213, Page 31, Real Property Records, Tarrant County, Texas,
but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status,
or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42
of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons.
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 2014, 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
FORM T -1: Owner's Policy of Title Insurance Page 3
•
Continuation of Schedule B Policy No. 0 -5991- 000089829
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. Building lines and easements as shown of the plat recorded in Volume 388 -213, Page 31, Plat Records, Tarrant
County, Texas.
g. Easement created in instrument executed by A.L. Curry and wife, Ora Curry to Texas Power & Light
Company, dated April 17, 1939, filed July 18, 1939, recorded in Volume 1349, Page 389, Real Property
Records, Tarrant County, Texas.
h. Any and all matters which would be shown on a current, correct survey of the property.
i. Airport Zoning Ordinance No. 71 -100 for Dallas -Fort Worth International Airport recorded in 82173/178,
Real Property Records, Dallas County, Texas.
j. Oil, Gas and Mineral Lease executed by Greenway -White Chapel, L.P., a Texas limited partnership to XTO
Energy Inc., dated October 6, 2010, filed October 29, 2010, recorded in CC# D210268529, Real Property
Records, Tarrant County, Texas. The Company makes no representation as to the present ownership of this
interest.
k. Easement created in instrument executed by GREENWAY -WHITE CHAPEL, L.P. to CITY OF
SOUTHLAKE , dated December 3, 2013, filed December 10, 2013, recorded in D213311260, Real Property
Records, Tarrant County, Texas.
Countersigned
Capital Title of Texas, LLC - Southlake Boulevard
ab .."16
By
Authorized Signatory
FORM T -1: Owner's Policy of Title Insurance Page 4
GF No. 13- 173819 -SB
Stewart Title Guaranty Company
Owner's Policy No.: 0 -5991- 000089829
Premium Amount Rate Rules Property County Liability Date
Type Code
1 2 3 4 5 6 7 8
$288.00 1000 2 439 $16,610.00 12/10/2013