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Terra/Highland Oaks (Lot 27) - ROW P27-Terra/Highland Oaks FINAI : ER You have the right w discuss with others any offer or agreement regarding the City's acquisition of the subject property, or you may (but are not required to) keep the offer or agreement confidential from others, subject to the provisions of Chapter 552, Government Code (the Public Information Act). March 28, 2014 Hand Delivered Terra/Highland Oaks, LLC 395 W. State Highway 114, Ste 300 Southlake, TX 76092 Re: FINAL OFFER: 200 West Highland Street — Parcel 27, Permanent Right Of Way A .0243 acre tract of land situated in the THOMAS M. HOOD - survey, abstract no. 706, in the City of Southlake, Texas, A 1,060 sq. ft. permanent right -of -way at 200 West Highland Street. Dear Mr. Harrell: 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 1,060 square feet (0.0243 acre) tract of land that the City proposes to acquire as a permanent Right of Way. The City of Southlake is proposing to widen North White Chapel Boulevard from Highland Street to State Highway (SH) 114 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 West Highland Street. The City of Southlake is requesting a permanent Right Of Way at this location to allow for the construction of roadway improvements and City access for future construction or maintenance and repair. The City of Southlake is prepared to offer six thousand three hundred dollars ($6,300) as compensation for the proposed Right Of Way acquisitions, which is fair market value of the parcel as determined by said appraisal. 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. Sincerely, Steven D. Anderson, P.E. Civil Engineer cc: Robert Price, P.E., Director of Public Works [SIGNATURE BLOCK ON PAGE 2] P27- Terra/Highland Oaks FINAL 'ER EXECUTED this ,3 / day of/ SL ,2014 GRANTOR: TERRA /HIGYII OAKS, LLC By J r 395 W. State High 114, Ste. 300 Southlake, TX 76092 EXHIBIT NA RI T "' - WAY ACQUISJT 0.0243 ACRE�t l0 SQ. Fl PARCEL A PORTION OF TERRA/HIGHLAND OAKS LLC TRACT THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS DESCRIPTION BEING o 0.0243 acre tract of land situated in the Thomas M. Hood Survey. Abstract No. 706. in the City of Southiake, Tarrant County -, Texas and being a portion of o called 9.445 acre tract conveyed to Terra/Highland Ooks LLC according to the Special Warranty Deed as recorded in Instrument No. 0213073366 of the Official Public. Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING of a 1/2" iron rod found for the most easterly northeast corner of the aforementioned Terra /Highland Ooks LLC tract. said corner being in the west right - of -way lime of N. White Chapel Boulevard (variable width right -of -way) and also being the southeast corner of that certain tract of land conveyed to William W- Rucker and Zeno Rucker, Trustees of the William W. Rucker and Zeno Rucker Family Trust, Dated: November 19, 1996 (Rucker Family Trust) according to the Warranty Deed as recorded in Volume 12591, Pane 2263 of the Deed Records of Tarrant County, Texas (D.R.T.C.T,); THENCE S 00'43'29" E (deed -S 00'08'32" W), with the most easterly line of said Terra /Highland Oaks LLC tract and said west right -of -way line of N. White Chapel Boulevard, 49.12 feet (deed -49.18 feet) to a 1/2" iron rod found for the most easterly southeast corner of said Terra/Highlond Oaks LLC tract. said corner also being the northeast corner of that certain tract of land conveyed to Barry M. McCoy and Tonya B. McCoy according to the Warranty Deed with Vendor's Lien as recorded in Instrument No. D202000068, D.R.T.C.T.; THENCE S 89'06'53" W (deed - WEST), departing said west right - of -way tine of N. White Chapel Boulevard and with a south line of said Terra /Highland Oaks LLC tract and the north line of said McCoy tract, 24.51 feet to a 1/2" iron rod with plastic cap stomped "TX REG NO 100189 -00" set for corner at the beginning of a non - tangent curve to the left, soid curve having a centrol angle of 02'53'48 ", o radius of 978.00 feet, o tangent length of 24.73 feet and a chord which bears N 05'37'02" E. 49.44 feet; THENCE, departing the south line of soid Terre /Highland Oaks LLC tract and the north line of said McCoy tract and with said non - tangent curve to the left. on arc distance of 49.44 teet to a 1/2" iron rod with plastic cop stamped "TX REG NO 100189 -00" set for corner in a north line of said Terra /Highland Oaks LLC tract and the south line of the • aforementioned Rucker Family Trust tract; PAGE 1 OF 3 NATHAN D. MAIER CONSULTING ENGINEERS, INC. REVISED: MARCH 27, 2014 TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 201.3 TBPLS FIRM REG. NO. 100189 -00 OCTOBER 10, 2012 Two Park Lone Place / 8080 Park Lone / Suite 600 08-10-076.B Dallas. Texas 75231 / Ph. (214) 739 -4741 8076- P27.dwg EXHIBIT "A" R L 1T -OF -WAY ACM'S/WA 0.0243 ACRES/1,060 SQ. FT, PARCEL A PORTION OF TERRA/HIGHLAND OAKS LLC TRACT THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS THENCE N 89'06'53" E (deed —S 89'50`00" E), with o north line of said Terra /Highland Oaks LLC tract and the south tine of the aforementioned Rucker Family Trust tract, 19.05 feet to the POINT OF BEGINNING and containing 0.0243 ocres or 1,060 square feet of land, more or Tess. FOR THAN 0 ?MAIER _e. TING ENGINEERS, INC. LQ NLMELTON ' 4'. ® ,5.ej1 R.P.L.S No. 4268 f • istered Professional Land Surveyor 1 i;#Q P• °. a f \ i 7 °setMg y .- NOTES: , - Bearings for this survey ore based on the Western Data Systems Texas Cooperative Network and are referenced to NAD83 State Plane Coordinate System, Texas North Central Zone 4202. Stations DMLN —g and DML2 —g0811 were utilized as base stations during GPS data collection sessions. This survey was performed without the benefit of a title commitment and may be subject to liens, encumbrances, easements, rights —of —way, restrictions, covenants, reservations or other conditions of record which the undersigned has not been advised of or is aware of. No additional research for easements was performed by Nathan D. Maier Consulting Engineers, Inc_ in the preparation of this survey. • '\ / NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 2 2 4 REVISED: MARCH 27, 20 i 4 TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013 TBPLS FIRM REG. NO. 100189 -00 OCTOBER 10, 2012 Two Pork Lone Place / 8080 Park lone / Suite 600 08 -10 -076.8 Dallas, Texas 75231 / Ph. (214) 739 -4741 8076— P27.dwg \ D \VI EXHIBIT ° A' RA._ ,T—OF A+ iISITFOk 0.0243 ACRES/1,060 SQ. FT. PARCEL A PORTION OF RA/HIGHLAND OAKS LLC TRACT THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 CITY OF SOUTHLAK& TARRANT COUNT}; TEXAS LOTS 13R- 1.138 -2 138-3 13R -4 AND 13R -5 [OT 7, BLOCK A -80 T U. HOOD 17(16 AODZT1CW PECK BLOCK AN CAB. A SLIDE 10509 VIlt. 388 -137 PG 67 P. R. T G T. P.R. 7:G T. LOT 13-R4 LOT 13-R5 ` 1a- SW _ 5' UTILITY ESMT., rt — 0t-- -9 t/r Off 1/2 OW (BAVT) WILLIAM W RUCKER AND ZENA RUCKER , TRUSTEES OF THE WILLIAM W RUCKER AND �f t`� ZENA RUCKER FAMILY TRUST, � ` DATED' NOVEMBER 79, 7996 ��� VOL 12591, PG 2263 LOT 2 -R, BLOCK A -80 DREG'. T. PECK ADDITION yOL. 388 -178. PG 50 O.R T H P.R.T. :ALE: T " =6Q" BEGINNING G v‘..- N 897)6'53" E o V +V 1 ., � Q2'5 p 3''4 �' (DEED - 8" 19.05 co , \ °' 61. _ R = (DEED-5' 89h0 oo E) 1 o . 0_ 9 T =24.73' t..._ • N N 43 - *`' y° `� L=49.44' r/2" IRF �p CB-N 0.5137'02" E , • . Q a=49.44 "Z . ° o T rr2• has tr) 2 0.0243 ACRES >' o (1,060 S 89'06'53" W COPECK BLOCK v8o .. 388 -737. PG. 61 24.51' P.R. T.C. T. (DEED- 14r€ST) R v2- IRi w /VDCT 1828 CAP BARRY M. McCOY AND > — TONYA B. 'McCOY ABBREVIATION LEGEND INST NO. D202000068 D.R. T C. L CO OR t L " DEED RECORDS OF TARRANT " COUNTY, NTY, TEXAS tti 6 O.P.R T G T. OFFICIAL PUBLJC RECORDS OF Q. e TARRANT COUNTY. 1EXAS '' q P.R. T. c L PLAT RECORDS OF TARRANT Z M COUNTY. TEXAS 4, LOT 5, .BLOCK A-80 CAB, SURE CABINET SLIDE '' PECK ADDi710N INST. I10. INSTRUMENT NUMBER Q VOL. 388 -137, PG. 61 �' VOL. PG. VOLUME. PAGE ,( P.R.TGT, ESMT. EA R.D.W. 2 RIGHT -OF -WAY 1 � .. 'S` SO. FT. SOUARE FEET 1RF IRON ROD FOUND IPF IRON PIPE FOUND Z' IRS W/CAP IRON ROD SET wry PLASAC QTY of SOUTHLAKE CAP STAUPED "TX REG NO INST. Na D199076920 100789 -00" D.R.T.C. T. CALLED L 0 ACRE . mat w/PA l E LNDR RPLS CAP PAGE 3OF'3 NATHAN D. MAIER CONSULTING ENGINEERS, INC. REVISED: MARCH 27, 2014 TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013 TBPLS FIRM REG. NO. 100189 -00 OCTOBER 10, 2012 Two Pork Lone Place / 8080 Pork Lane / Suite 600 08 -10 -0763 Dallas, Texas 75231 / Ph. {214) 739 -4741 8076— P27.dwg \ II V Page 1 of 6 Electronically Recorded Tarrant County Official Public Records 5/5/2014 4:02 PM D214091358 d t}i e ,5C.4 C. PGS 6 $36.00 Mary Louise Garcia Submitter. ERECORDING PARTNERS NETWORK NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMAITON FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER, OR YOUR DRIVER'S LICENSE NUMBER. Capital The PERMANENT RIGHT -OF -WAY • GF # i - IO�ps��j; TO THE CITY OF SOUTHLAKE • TARRANT COUNTY, TEXAS • THE STATE OF TEXAS § • COUNTY OF TARRANT § That TERRA/HIGHLAND OAKS, LLC , 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 ,5 day of 2014. TERRA/HIG, D O r By. L lLL4 - (Ar OR (Signature) (Printed Name) • Pagelof3 PERMANENT RIGHT -OF -WAY P27 - A PORTION OF TERRA/HIGHLAND OAKS, LLC, ABSTRACT NO. 706 SOUTHLAKE TARRANT • COUNTY, TEXAS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMAITON FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER, OR YOUR DRIVER'S LICENSE NUMBER. Capital Title PERMANENT RIGHT -OF -WAY GF# lti- 1$MOrS TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS THE STATE OF TEXAS § § COUNTY OF TARRANT § That TERRA/HIGHLAND OAKS, LLC , 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,5 day off • , 2014. TERRA/HIG . • ND OA - / By: �i��L I_, i 4 i r.513 y Ar..&ee -4 , r' = ' TOR (Signature) (Printed Name) Page 1 of 3 PERMANENT RIGHT - OF - WAY P27 - A PORTION OF TERRA/HIGHLAND OAKS, LLC, ABSTRACT NO. 706 SOUTHLAKE TARRANT COUNTY, TEXAS ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared& h 1-foue // /i1?/7120 (1c I known to me or proved to me through Or litei L i 0 (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 5 day of f , 2014. � 4 LLC-- NOTARY SEAL / 4 r GAYLE GIEt?ELS1EIN I Notary P s 3 ?1(„4, Ik otar ; P ti b 1 i C j 4 i . State of Texas ! , - � f4My Comm. Expir_.s Cs4 -13 -2016 ' Notary's Name (Printed) s • Notary's Commission Expires AFTER EXECUTION BY OWNER, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817 - 748 -8098 Fax: 817- 748 -8077 • Page 2 of 3 PERMANENT RIGHT -OF -WAY P27 - A PORTION OF TERRA/HIGHLAND OAKS, LLC, ABSTRACT NO. 706 SOUTHLAKE TARRANT COUNTY, TEXAS CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the 1 day of I'YLQU, , 20 4, from 1T.rrd/ -1onrd D(qS, (J4 to the City of SouthlaI e, 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. SEAL ©t / itaf Dat C)e Mayor, CITY OF SOUTHL %l au , m,,,, ATTEST: %. OVTH ���'•. City Secretary ' r U •,.. = y • -„ ••••o••••. ♦tea , ',. * * * ,a, .� , I� ,, n,nnH, ,,, AFTER EXECUTION BY GRANTOR, PLEASE RETURN TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, Texas 76092 Phone: 817- 748 -8098 Fax: 817-748-8077 AFTER RECORDING, PLEASE RETURN TO: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 Phone: 817-748-8016 Page 3 of 3 PERMANENT RIGHT -OF -WAY P27 - A PORTION OF TERRA/HIGHLAND OAKS, LLC, ABSTRACT NO. 706 SOUTHLAKE TARRANT COUNTY, TEXAS -- EXHIBIT "A" RIGHT -OF - WAY ACQUISITION 0.0243 ACRE�f, 060 SQ. FT PARCEL A PORTION OF RA/HIGHLAND OAKS LLC TRACT THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS DESCRIPTION BEING a 0.0243 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, in the City of Southiake, Torrent County, Texas and being a portion of o called 9.445 acre tract conveyed to Terra /Highland Oaks LLC according to the Special Warranty Deed as recorded in Instrument No. 0213073366 of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found for the most easterly northeast corner of the aforementioned Terra /Highland Oaks LLC 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 that certain tract of land conveyed to William W. Rucker and Zeno Rucker, Trustees of the William W. Rucker and Zeno Rucker Family Trust, Dated: November 19, 1996 (Rucker Family Trust) according to the Warranty Deed as recorded in Volume 12591, Page 2263 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.); THENCE S 00'43'29" E (deed -S 00'08'32" W), with the most easterly line of said Terra /Highland Oaks LLC tract and said west right -of -way line of N. White Chapel Boulevard, 49.12 feet (deed -49.18 feet) to a 1/2" iron rod found for the most easterly southeast corner of said Terra /Highland Oaks LLC tract, said corner also being the northeast corner of that certain tract of land conveyed to Barry M. McCoy and Tonya B. McCoy according to the Warranty Deed with Vendor's Lien as recorded in Instrument No. D202000068, D.R.T.C.T.; THENCE S 89'06'53" W (deed - WEST). departing said west right - of -way line of N. White Chapel Boulevard and with o south line of said Terra /Highland Oaks LLC tract and the north line of said McCoy tract, 24.51 feet to a 1/2" iron rod with plastic cap stomped "TX REG NO 100189 -00" set for corner at the beginning of o non - tangent curve to the left, said curve . having a central angle of 02'53'48 ", a radius of 978.00 feet, a tangent length of 24.73 feet and a chord which bears N 05'37'02" E, 49.44 feet; THENCE, departing the south line of said Terra /Highland Oaks LLC tract and the north line of said McCoy tract and with said non- tangent curve to the left, an arc distance of 49.44 feet to a 1/2" iron rod with plastic cop stamped "TX REG NO 100189 -00" set for corner in a north line of said Terra /Highland Oaks LLC tract and the south line of the aforementioned Rucker Family Trust tract; NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3 THPE FIRM REG. NO. F -356 REVISED: MARCH 27, 2014 TBPLS FIRM REG. NO. 100189 -00 REVISED: JANUARY 7, 2013 Two Park Lane Place / 8080 Pork Lone / Suite 600 OCTOBER 10, 2012 .. k1 Dallas. Texas 75231 / Ph. (214) 739 - 4741 08 -10 -076.8 8076- P27.dwg EXHIBIT "A" RIGHT -OF -WAY ACQUISITION 0.0243 ACRES/1060 SQ. FT. PARCEL A PORTION OF TERRA/HIGHLAND OAKS LLC TRACT THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS THENCE N 89'06'53" E (deed —S 89'50'00" E), with a north line of said Terra /Highland Oaks LLC tract and the south line of the aforementioned Rucker Family Trust tract, 19.05 feet to the POINT OF BEGINNING and containing 0.0243 acres or 1.060 square feet of land, more or less. FOR -THAN 0 ?MAIE -e ,`. TING ENGINEERS, INC. ' 4` 0 .• ®i ., 1 AX01..) it, N,' kilAt_rf A. ,ar elton, Tomas R.P.L.S. No. 4268 fi�)'� /!!El•U - .. istered Professional Land Surveyor '0 #4268 v' if esoesst NOTES: ---'■‹. Bearings for this survey are based on the Western Data Systems Texas Cooperative Network and are referenced to NA083 State Plane Coordinate System, Texas North Central Zone 4202. Stations DMLN —g and DML2 —g0811 were utilized as base stations during GPS data collection sessions. This survey was performed without the benefit of a title commitment and may be subject to liens, encumbrances, easements, rights —of —way, restrictions, covenants, reservations or other conditions of record which the undersigned hos 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. _.\D V NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 2 OF 3 TBPE FIRM REG. NO. F -356 REVISED: MARCH 27, 2014 TBPLS FIRM REG. NO. 100189 -00 REVISED: OCTOBER 10, 2012 Dallas, Texas 75231 / Ph. (214) 739 -4741 08 -10 -076.8 8076— P27.dwg EXHIBIT "A" RIGHT-OF-WAY ACQUISITION 0.0243 ACR1, 060 SQ. FT. PARCEL A POR710N OF RA /HIGHLAND OAKS LLC TRACT Ti -FOMAS M. HOOD SURVEY, ABSTRACT NO. 706 CITY OF SOUTHLAM TARRANT COUNTY, TEXAS LOTS 13R- 1,138 -2, 13R -3 13R -4 AND T3R -5 HOOD /706 ADDITION LOT 1, BLOCK A -80 T.M. "> CAB, A, SLIDE 10509 PECK ADDITION �i P.R. T.G T. VOL. 388 -137, PO 67 M P.R.T,GT. LOT 13 -R4 LOT 13 -R5 tom- tRF d — 5' UTILITY ESMT.\ t/Z" IRE (BENT) ' Vr RP i WILLIAM W RUCKER AND ZENA RUCKER, � //� i ll t �,5 TRUSTEES OF THE WILLIAM W. RUCKER AND tl ZENA RUCKER FAMILY TRUST, \ DATED: NOVEMBER 19, 1996 { I VOL. 12591, PG. 2263 LOT 2 -R, BLOCK A -80 D.R. T. C. T. PECK ADDITION NORTH VDL. 3 lit Pa 50 SCALE: 1 " =60' POINT OF G 5 N 89'06'53" E BEGINNING iltr 0 1 " 4 5 4=0253'48" 19.05' w �" °.fit. " R (DEED-S 89'50'00" E) lM ` ,�� a Q g � �� T =24.73' v2- I 0) 3 4. 9 -* c 40 9 L=49.44' , CB CB.--N 05'37'02" E � a `''�- � CL =49.44' o 0 r� o 0.0243 ACRES (1,060 SQ. FT.) S 89V6'53" W LOT 4, 0 PECK ADDI170N 24.51' 388-13Z Pa 61 (GEED - WEST) BARRY M. McCOY AND S d1/2 /RF w/WGT ram CAP — TONYA B. 'McCOY ABBREVIA 710N LEGEND INST. NO. 0202000068 m O.R. T.C. T. D.R: T. G T. ' DEED RECORDS OF TARRANT v 3 mots S W 6 aP.R. T. C T. OFFICIAL PUBLIC RECORDS OF Cl. TARRANT COUNTY, TEXAS Q o P.R. T. G T. PLAT RECORDS OF TARRANT COUNTY. TEXAS Z CAB., SLIDE CABINET SLIDE (.112.1 LOT 5. BLOCK A -80 INST. NO. INSTRUMENT NUMBER/ PECK ADDI71 G. VOL., PG VOLUME, Q .rc. LUME, PAGE VOL. 3BB PG. 61 CL. CENTERLINE P.R. T.C. T. ESMT EASEMENT R.O.W. RIGHT- OF-WAY 1/2" I?F SQ. FE SQUARE FEET IRE IRON ROD FOUND 1PF IRON PIPE FOUND IRS W/ CAP IRON ROD SET WITH PLASTIC CITY OF SOUTHLAKE CAP STAMPED "TX REG NO INST. NO. D199076920 100189 -00" D.R.T. G T. CALLED 1.0 ACRE %/8" RE w/PATE ENOR RPLS CAP PAGE 3 OF 3 \ 1) V NATHAN D. MAIER CONSULTING ENGINEERS, INC. REVISED: MARCH 27, 2014 TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013 TBPLS FIRM REG. NO. 100189 -00 OCTOBER 10, 2012 Two Park Lane Place / 8080 Park Lane / Suite 600 Dallas, Texas 75231 / Ph. (214) 739 -4741 08 -10 -076.6 8076- P27.dwg Page 1 of 5 Electronically Recorded Tarrant County Official Public Records 5/5/2014 4:02 PM D214091359 L r d'o d , e�.i PGS 5 $32.00 M ary Louise Garcia Submitter. ERECORDING PARTNERS NETWORK Capital Title GF# iti—igAt ceShr55 CITY OF SOUTHI.AKE PERMANENT WATER EASEMENT • THE STATE OF TEXAS § COUNTY OF TARRANT § That I, TERRA/HIGHLAND OAKS, LLC , GRANTOR herein, 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 SOiTIIT AKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating WATER 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 WATER Easement containing approximately (Loss acres through Block NIA , Lot N/A of the NSA , with property address of (PROPERTY NOT PLATTED) , and as more particularly described in Exhibit "A", and shown on Exhibit "B" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, representatives, successors and assigns shall at no time erect, place or constrict, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent 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. It is further intended that the Permanent WATER Easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent WATER Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other casement or conflicting rights within the area covered by the grant to any other person. Page 1 of 3 Capital Title GF# [f{-- [gacevA`f CITY OF SOUTHLAKE PERMANENT WATER EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § That I, TERRA/HIGHLAND OAKS, LLC , GRANTOR herein, 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 herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating WATER 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 WATER Easement containing approximately 0.055 acres through Block N/A , Lot N/A of the N/A , with property address of (PROPERTY NOT PLATTED) , and as more particularly described in Exhibit "A ", and shown on Exhibit "B" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTOR's heirs, 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 any easements granted herein any temporary or permanent 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. It is further intended that the Permanent WATER Easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent WATER Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person. Page 1 of 3 IN WITNESS WHEREOF, this dedication instrument is executed this /� day of .r1 , 20 BY: /i /.%�� ' :� BY: GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the dersigned aut•ority in and for Tarrant County, Texas, on this day 1 i personally appeared ..26∎ . -• known to me or proved to me through 1 _ - (description of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVE UNDER MY HAND AND SEAL OF OFFICE, this \ay of , 20 \` . NOTARY SEAL No Public, State of Tex KIM HENNIGAN Notary's Name (Printed) It., 11 MY COMMISSION EXPIRES ` 1.'4 "°' Apti113, 2015 Notary's Commission Expires Page 2 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the 21 day of ap(l 1 , 20 PT , from T.effO--/ Atland »Ltics U 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 % SEAL Mayor, CITY OF SOUTHLA E ATTEST: ,,,,,,,,,,,,,,, 1� ,,,,,t City Secretary U= /\ • •,� • • i ,, . ,,,,,,, , ,a AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817 - 748 -8098 Fax: 817 - 748 -8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817- 748 -8016 Page 3 of 3 Exhibt A ‘, a N d Land Description FIELD NOTES to that certain tract situated in the T. M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, said tract being a portion of the tract described in the deed to Terra/Highland Oaks . mo o° LLC recorded under Instrument Number D213073366 of the Official s u `' c Public Records of Tarrant County, Texas; the subject tract being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch rebar found at the most easterly northeast corner of the tract described in the deed to Terra/Highland Oaks LLC recorded under Instrument Number D213073366 of the Official Public Records of Tarrant County, Texas; THENCE SOUTH 00 degrees 40 minutes 17 seconds EAST, with the east line of the said Terra/Highland Oaks LLC tract, a distance of 15.00 feet; THENCE SOUTH 89 degrees 22 minutes 17 seconds WEST, through the interior of the Terra/Highland Oaks LLC tract, a distance of 159.81 feet; THENCE NORTH 00 degrees 29 minutes 07 seconds WEST, continuing through the interior of the Terra/Highland Oaks LLC tract, a distance of 15.00 feet to a 1/2 inch rebar found at a reentrant corner of the Terra/Highland Oaks LLC tract; THENCE NORTH 89 degrees 22 minutes 17 seconds EAST, with a north line of the Terra/Highland Oaks LLC tract, a distance of 159.76 feet returning to the Place of Beginning and enclosing 2,397 square feet. Jewel Chadd ' A . �..-- • . . s `� � Registered Professional ` ' - ...... g /,' Land Surveyor No. 5754 jewel @jphls.com t ..... .. 'S� r '4" April 21, 2014 • `� Job no. 2012.019.003 `. 41: � 0 See sketch of land labeled Exhibit B l; JPH Land Surveying, Inc. 807 Bluebonnet Drive, Suite C, Keller, Texas 76248 Telephone (817) 431 -4971 www jphls. com 3/3" Rebar "BETH" IO O c,-, I (1 IQ 7 - S t I� 4'.- William W. Rucker and Zena Rucker I Inst. No. D205052211 c O.P.R.T.C.T. WI L I = = 8I5 P.O.B. 1 '"� Terra/Highland Oaks LLC Inst. No. D213073366 .r. 1— to O.P.R.T.C.T. 2 --1)_ � N89 °22'17 "E 159.76' � , —' N00 °29'07 "W 15.00--1)_ ` S00 40 17 E 15.00' S89 °22' 17 "W 159.81' N 2397 square feet 7 t O 4 1 Barry M. McCoy, and Tonya B. McCoy I Inst. No. D202000068 I O.P.R.T.C.T. I Exhibit B Showing 2,397 square feet in the T. M. Hood Survey, Abstract No. 706 City of Southlake Tarrant County, Texas For land description see Exhibit A 1 s ," a N d v E . All monuments are found. . /,' •• X i�' Bearings are grid north (Texas Coordinate System of 1983. North Central Zone). i Q r `�:' �y1 h -," O.P.R.T.C.T. Official Public Records Tarrant County. Texas . 'C� t . Y ' .J "I' ` i � I.J f e�ti i % �F S �,� i Sut , r c , Scale: 1" = 50' North 807 Bluebonnet Drive, Suite C Keller. Texas 76248 Job Number 2012.019.003 Tel (817)431 - 4971 April 21, 2014 © 2014 JPH Land Surveying, Inc. THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE Issued by stewart ►title guaranty company We, STEWART TITLE GUARANTY COMPANY, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. In witness whereof, the Company has caused this commitment to be signed and sealed as of the effective date of commitment as shown in Schedule A, the commitment to become valid and binding only when countersigned by an authorized signatory. Countersigned by: sib Senior Chairman of ttie Board 1 Chairman of the Board. Authorized Countersignature Capital Title of Texas, LLC // 1150 N. Carroll Avenue President Company Southlake, Texas 76092 Phone 817- 329 -8989 Fax 817 - 329 -828 City, State 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. s t ew ar t ■title guaranty company COMMITMENT FOR TITLE INSURANCE T -7 ISSUED BY STEWART TITLE GUARANTY COMPANY SCHEDULE A Effective Date: March 25, 2014, 8:00 am GF No. 14- 182080 -SB Commitment No. , issued April 9, 2014, 8:00 am 1. The policy or policies to be issued are: a. OWNERS POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: PROPOSED INSURED: b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: $6,300.00 PROPOSED INSURED: City of Southlake c. LOAN POLICY OF TITLE INSURANCE (Form T -2) Policy Amount: PROPOSED INSURED: Proposed Borrower: City of Southlake 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 3. Record title to the land on the Effective Date appears to be vested in: Terra/Highland Oaks LLC, a Texas limited liability company 4. Legal description of land: BEING a 0.0243 acre tract of and situated in the Thomas M. Hood Survey, Abstract No. 706, in the City of Southlake, Tarrant County, Texas and being a portion of a called 9.445 acre tract conveyed to Terra/Highland Oaks LLC according to the Special Warranty Deed as recorded in Instrument No. D213073366 of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follow: BEGINNING at a 1/2" iron rod foun for the most easterly northeat corner of the aforementioned Terra/Highland Oaks LLC 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 that certain tract of land conveyed to William W. Rucker and Zane Rucker, Trustees of the William W. Rucker and Zena Rucker Family Trust, Dated: November 19, 1996 (Rucker Family Trust) according to the Warranty Deed as recorded in Volume 12591, Page 2263 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.); FORM T -7: Commitment for Title Insurance Page 1 Continuation of Schedule A GF No. 14- 182080 -SB THENCE S 00° 43' 29" E (deed -S 00° 08' 32" W). with the most easterly line of said Terra/Highland Oaks LLC tract and said west right -of -way line of N. White Chapel Boulevard, 49.12 feet (deed -49.18 feet) to a 1/2" iron rod found for the most easterly southeast corner of said Terra/Highland Oaks LLC tract, said corner also being the northeast corner of that certain tract of land conveyed to Barry M. McCoy and Tonya B. McCoy according to the Warranty Deed with Vendor's Lien as recorded in Instrument No. D202000058, D.R.T.C.T.; THENCE S 89° 06' 53" W (deed - WEST), departing said west right -of -way line of N. White Chapel Boulevard and with a south line of said Terra/Highland Oaks LLC tract and the north line of said McCoy tract, 24.51 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set for corner at the beginning of a non - tangent curve to the left, said curve having a central angle of 02° 53' 48 ", a radius of 978.00 feet, a tangent length of 24.73 feet and a chord which bears N 05° 37' 02" E, 49.44 feet; THENCE, departing the south line of said Terra/Highland Oaks LLC tract and the north line of said McCoy tract and with said non - tangent curve to the left, an arc distance of 49.44 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set for corner in a north line of said Terra/Highland Oaks LLC tract and the south line of the aforementioned Rucker Family Trust tract; THENCE N 89° 06' 53" E (deed -S 89° 50' 00" E), with a north line of said Terra/Highland Oaks LLC tract and the south line of the aforementioned Rucker Family Trust tract, 19.05 feet to the POINT OF BEGINNING and containing 0.0243 acres or 1,060 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 SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's 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 the 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 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. (If Texas Short Form Residential Loan Policy of Title Insurance (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.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T -2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T -2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (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.): FORM T -7: Commitment for Title Insurance Page 3 Continuation of Schedule B GF No. 14- 182080 -SB 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 Volume 7349, Page 1106, Real Property Records, Tarrant County, Texas. g. Oil, Gas and Mineral Lease executed by Marguerite Elizabeth Fechtel, Trustee of the Marguerite Elizabeth Fechtel Revocable Trust to Chesapeake Exploration, L.L.C., dated July 17, 2008, as evidenced by Memorandum of Paid Up Oil and Gas Lease filed December 17, 2008, recorded in cc# D208458036, Real Property Records, Tarrant County, Texas. The Company makes no representation as to the present ownership of this interest. FORM T -7: Commitment for Title Insurance Page 4 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, sub - contractors, 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. Vendor's Lien in Deed from Marguerite Elizabeth Fechtel, Trustee of the Marguerite Elizabeth Fechtel Revocable Trust and David Neal Cooley, dated March 18, 2013, filed March 26, 2013, recorded in cc# D213073366, Real Property Records, Tarrant County, Texas, securing Texas Capital Bank, National Association in the payment of a note in the principal sum of $3,900,000.00; said Note being additionally secured by Deed of Trust executed by Terra/Highland Oaks LLC, to John D. Hudgens, Trustee, recorded in cc# D213073367, Real Property Records, Tarrant County, Texas; and all terms and provisions contained therein, including, but not limited to, any additional indebtedness secured by said instrument. Intercreditor Agreement filed 03/26/2013, recorded in cc# D213073369, Real Property Records, Tarrant County, Texas 6. Deed of Trust to Secure Performance and Reimbursement Obligations dated March 18, 2013, executed by Terra/Highland Oaks LLC to Kevin P. McGinnis, Trustee, securing K. Hovananian Homes -DFW, L.L.C., filed 03/26/2013, recorded in cc# D213073368, Real Property Records, Tarrant County, Texas; and all terms and provisions contained therein, including, but not limited to, any additional indebtedness secured by said instrument. Intercreditor Agreement filed 03/26/2013, recorded in cc# D213073369, Real Property Records, Tarrant County, Texas. 7. Company requires submission of a copy of the Articles of Organization, and all amendments and supplements thereto, together with proof of registration with the State, and compliance therewith as to person(s) authorized to act on behalf of Terra/Highland Oaks, LLC. FORM T -7: Commitment for Title Insurance Page 5 Continuation of Schedule C GF No. 14- 182080 -SB 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 us through your Loan Closing Instructions. (APPLIES TO T -1 AND T -2 POLICIES ONLY) Countersigned Capital Title of Texas, LLC - Southlake Boulevard By Audio ed Signatory FORM T -7: Commitment for Title Insurance Page 6 COMMITMENT FOR TITLE INSURANCE SCHEDULE D GF No. 14- 182080 -SB Effective Date: March 25, 2014, 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 Mon 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 $0.00 Loan Policy $0.00 Endorsement Charges $0.00 Other $0.00 Total $0.00 FORM T -7: Commitment for Title Insurance Page 7 Continuation of Schedule D GF No. 14-182080-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" M T-7: Commitment for Title Insurance Page 8 COMMITMENT FOR TITLE INSURANCE (Form T -7) TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. El Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para fmalizar su transaccion. 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 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 (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. FORM T -7: Commitment for Title Insurance Page 9 Continuation of Texas Title Insurance Information GF No. 14- 182080 -SB You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 -252- 3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: - Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. - Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. FORM T -7: Commitment for Title Insurance Page 10 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 Insurance 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 DA I FORM T -7: Commitment for Title Insurance Page 11 Stewart Title Guaranty Company Premium Amount Rate Rules Property County Liability at Type Code Reissue Rate 1 2 3 4 5 6 7 8 2 439 stewar •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 s te w ar t •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 poliza de seguro de titulo. El Compromiso es un completely understand it before your closing date. documento legal. Usted debe Ieerlo 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 Commitments terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the title insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at 1- 800 -729- 1902 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 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 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: Commitment for Title Insurance 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. a onrwe cau u are yo. p Ya i e � 011 on a�` •a 0' e . a b is t1i'is, Iraq �. • 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 nonaffiliate. 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 com. anies. 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 United Tax Services, Inc. rIl iJnited 2400 Dallas Parkway, Suite 560, Plano, TX 75093 TAX SERVICES, M C. Phone: 972 - 682 -2716 Fax: 866 - 553 -1073 Property Information File #: 14- 182080 -SB Br: Legal Description: Hood, Thomas M Survey A 706 Tr 8C 2013 Assessed Value Legal Description: Hood, Thomas M Survey A 706 Tr 8CO2 Land: $350,000 Total Acreage: 7.5000 # of Parcel(s): 2 # of Jurisdiction(s): 3 Improvements: $9,700 Situs Address: 200 West Highland Street, Southlake TX 76092 Total: $359,700 Mailing Address: 395 West Northwest Pkwy Ste 300, Southlake TX 76092 Assessed Owner(s): Terra/Highland Oaks LLC 2013 Assessed Value Land: $400,000 Improvements: $194,700 Total: $594,700 Tax Summary Jurisdiction Exemptions TaxYr Base Tax Penalty Due Now Due Due Tarrant County None 2013 $2,307.11 $0.00 $0.00 $0.00 $0.00 Tarrant County None 2013 $3,814.39 $0.00 $0.00 $0.00 $0.00 Southlake None 2013 $1,661.81 $0.00 $0.00 $0.00 $0.00 Southlake Homestead 2013 $2,665.09 $0.00 $0.00 $0.00 $0.00 Carroll ISD None 2013 $5,035.80 $0.00 $0.00 $0.00 $0.00 Carroll ISD Homestead 2013 $8,115.80 $0.00 $0.00 $0.00 $0.00 Total 2013 $23,600.00 $0.00 $0.00 $0.00 $0.00 Grand Total All $23,600.00 $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: 1/31/2015 Mail to: PO Box 961018 , Fort Worth, TX 76161 CAD # Parcel# Acreage TaxYr Tax Rate Base Tax Total Pd Penalty W/O Exempt A7068C 03942104 3.5000 2013 $0.6413970 $2,307.11 $2,307.11 $0.00 $2,307.11 A7068CO2 03942120 4.0000 2013 $0.6413970 $3,814.39 $3,814.39 $0.00 $3,814.39 Payment Information for Southlake Payable to: Tarrant County Tax Collector Phone: (817) 884 -1100 Next Due Date: 1/31/2015 Mail to: PO Box 961018 , Fort Worth, TX 76161 CAD # Parcel# Acreage TaxYr Tax Rate Base Tax Total Pd Penalty W/0 Exempt A7068C 03942104 3.5000 2013 $0.4620000 $1,661.81 $1,661.81 $0.00 $1,661.81 A7068CO2 03942120 4.0000 2013 $0.4620000 $2,665.09 $2,665.09 $0.00 $2,747.51 Payment Information for Carroll ISD Payable to: Tarrant County Tax Collector Phone: (817) 884 -1100 Next Due Date: 1/31/2015 Mail to: PO Box 961018 , Fort Worth, TX 76161 CAD # Parcel# Acreage TaxYr Tax Rate Base Tax Total Pd Penalty W/O Exempt A7068C 03942104 3.5000 2013 $1.4000000 $5,035.80 $5,035.80 $0.00 $5,035.80 A7068CO2 03942120 4.0000 2013 $1.4000000 $8,115.80 $8,115.80 $0.00 $8,325.80 Notes Date Subject Note 04/01/2014 PARCEL INFORMATION (William.Sewall, 4/1/2014 12:46:31 PM) 1. Parcel: 03942104 Property Address: 200 W Highland St, Southlake TX 76092 Legal: Hood, Thomas M Survey A 706 Tr 8C 328274 Page 1 of 2 Wednesday, April 02, 2014 3 > ?. 5 3 i l f io• to 6 te C ( e L. ie,,- -,> o. vaL13 -14- tum6gcmgi United Tax Services, Inc. m United 2400 Dallas Parkway, Suite 560, Plano, TX 75093 TAX SERti7C1uti,DIC Phone: 972-682-2716 Fax: 866-553-1073 Owner: Terra/Highland Oaks LLC Owner Mailing Address: 395 W Northwest Pkwy Ste 300 Southlake TX 76092 -0000 Total 2013 value: $359,700 2. Parcel: 03942120 Property Address: 200 W Highland St, Southlake TX 76092 Legal: Hood, Thomas M Survey A 706 Tr 8CO2 Owner: Terra/Highland Oaks LLC Owner Mailing Address: 395 W Northwest Pkwy Ste 300 Southlake Tx 76092 -0000 Total 2013 value: $594,700 Order Information Request Date: 4/1/2014 Request By: Rick Kelly Update Request: Request By: Date Completed: 4/2/2014 Update Completed: 328274 Page 2 of 2 Wednesday, April 02, 2014 PURCHASER'S STATEMENT Date: April 22, 2014 GFNo: 14- 182080 -SB Sale From: Terra/Highland Oaks LLC To: City of Southlake 395 W State Highway 114, Ste. 300 1400 Main Street, Suite 320 Southlake, TX 76092 Southlake, TX 76092 Property: See Exhibit "A" in file scan for Parcel 27 Right of Way Acquisition 200 W. Highland Street Southlake, TX 76092 Purchase Price $6,300.00 Plus: Charges Filing Fees to Capital Title of Texas $120.00 Permanent Right -of -Way to Capital Title of Texas $36.00 2 Partial Releases to Capital Title of Texas $52.00 Water Easement to Capital Title of Texas $32.00 Fees to Capital Title of Texas $750.00 Escrow to Capital Title of Texas $750.00 Attorney's Fees for Preparation of Papers to Shaddock & Associates, P,C $150.00 Tax Certificate to United Tax Service, Inc $59.80 Guaranty Fee to Texas Title Insurance Guaranty Association $1.80 Title Insurance to Capital Title of Texas $238.00 Single Issue to Capital Title of Texas $238.00 E- Recording Fee to United eRecording $36.00 Total Charges $1,355.60 Gross Amount Due By Purchaser $7,655.60 Less: Credits Total Credits $0.00 Balance Due by Purchaser $7,655.60 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 City of Southlake By By iA0 Gaye Giebelstein Name: _ _ e ■ Title: o r Printed at: 04/28/2014 (10:25 am) Compliments of Capital Title of Texas, LLC - Southlake Boulevard GFNo: 14- 182080 -SB Page 2 Printed at: 04/28/2014 (10:25 am) Compliments of Capital Title of Texas, LLC - Southlake Boulevard Order No. 14- 182080SB • 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 South lake, TX 76092 Seller. Terra/Highland Oaks LLC 395 W State Highway 114, Ste. 300 . South lake, TX 76092 From: Capital Title of Texas, LLC Property: BEING a 0.0243 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, in the City of Southlake, Tarrant County, Texas and being a portion of a called 9.445 acre tract conveyed to Terra/Highland Oaks LLC according to the Special Warranty Deed as recorded in Instrument No. D213073366 of the Official Public Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follow: BEGINNING at a 1/2" iron rod fours for the most easterly northeat comer of the aforementioned Terra/Highland Oaks LLC tract, said comer 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 that certain tract of land conveyed to William W. Rucker and Zane Rucker, Trustees of the William W. Rucker and Zena Rucker Family Trust, Dated: November 19, 1996 (Rucker Family Trust) according to the Warranty Deed as recorded in Volume 12591, Page 2263 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.); THENCE S 00° 43' 29" E (deed -S 00° 08' 32" W). with the most easterly line of said Terra/Highland Oaks LLC tract and said west right -of -way line of N. White Chapel Boulevard, 49.12 feet (deed -49.18 feet) to a 1/2" iron rod found for the most easterly southeast comer of said Terra/Highland Oaks LLC tract, said comer also being the northeast comer of that certain tract of land conveyed to Barry M. McCoy and Tonya B. McCoy according to the Warranty Deed with Vendor's Lien as recorded in Instrument No. D202000058, D.R.T.C.T.; THENCE S 89° 06' 53" W (deed - WEST), departing said west right -of -way line of N. White Chapel Boulevard and with a south line of said Terra/Highland Oaks LLC tract and the north line of said McCoy tract, 24.51 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set for comer at the beginning of a non - tangent curve to the left, said curve having a central angle of 02° 53' 48 ", a radius of 978.00 feet, a tangent length of 24.73 feet and a chord which bears N 05° 37' 02" E, 49.44 feet; THENCE, departing the south line of said Terra/Highland Oaks LLC tract and the north line of said McCoy tract and with said non - tangent curve to the left, an arc distance of 49.44 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set for comer in a north line of said Terra/Highland Oaks LLC tract and the south line of the aforementioned Rucker Family Trust tract THENCE N 89° 06' 53" E (deed -S 89° 50' 00" E), with a north line of said Terra/Highland Oaks LLC tract and the south line of the aforementioned Rucker Family Trust tract, 19.05 feet to the POINT OF BEGINNING and containing 0.0243 acres or 1,060 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: April 21, 2014 This is to give you notice that CAPITAL TITLE OF TEXAS, LLC ( "CTOT"), has a business relationship with PREMIER SURVEYING, LLC, WILLOWBEND MORTGAGE, SHADDOCK & ASSOCIATES, PC, CAPITAL NATIONAL FINANCIAL, INC. CAMBRIDGE INSURANCE AGENCY, LLC, UNITED TAX SERVICE and UNITED E- RECORDING, LLC, (referred to collectively as "United "), 2400 N. Dallas Parkway, Suite 560, Plano, Texas 75287, (972) 682 -2719. CTOT routinely obtains Surveys, Tax Affiliated Business Disclosure — United Tax Service Page 1 of 2 Rev. 06/03 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. City of South lake Terra/Highland, r s LLC y -� a Texas lim'�. lity co • By. Y1uT _. _ � GZ7 • � By , Name: .► • NIMII � Bo• Me •er Title: Al Q r AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES GF #: 14- 182080 -SB State of Texas County of Tarrant SUBJECT PROPERTY: 200 W. Highland Street Southlake, TX 76092 See Exhibit "A" in file scan for Parcel 27 Right of Way Acquisition BEFORE ME, the undersigned authority, on this day personally appeared: Bobby Harrell, Member of Terra/Highland Oaks LLC, 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 •has- C-apitaH3ank - - - • • ' : - - : - - : ien only K. Hovanan;aYl Home -DFW, L.L. C. ex- -. -- only 3. No liens of any kind against such property except the following: Secured Party Approximate Amount R 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 22nd day of April, 2014. Terra/Highland Oaks LLC a Texas limite • liabilit • • ' any . �/ By � Ja.•. Bo y Harrell, Member SUBSCRIBED AND SWORN TO BEFORE ME, BY Bobby Harrell, Member of Terra/Highland Oaks LLC this 5 day of 1, 2014. I Notary blic, State of Texas Notary's Printed Name My Commission Expires: 't^4^crrrrc -sy-c _ /rrF , ' a. GAYLE GIESELSTEEN l i Notary Public `;;,^ _3:7 State of Texas �,s:5:,_'Nly Comm. Expires 04 -13 -2016