Peek Addition (Lot 6, Block A-80) - ROW CITY OF
SOUTHLAKE
1
j I
Public Works Administration
August 12, 2013
Certified Mail, Return Receipt Requested # 7012 1640 0000 6722 4435
Mark DeRose
ServiceStar Development Company, LLC
8231 East Prentice Avenue
Greenwood Village, CO 80111
Subject: White Chapel Village Center Partners, LP, Southlake, Texas 76092 — Parcels
Permanent Right Of Way -Final Offer
Dear Mr. DeRose:
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 Hanes Appraisal Company of Arlington, Texas to do a second
appraisal of the market value of the following tracts of land that the City proposes to acquire as a
permanent Right Of Way, permanent easements and temporary construction easements. The
appraisal consists of all tracts previously appraised under the ownership of White Chapel Village
Center Partners, LP. Since the appraisal was completed, it has come to our attention that several
tracts of land have changed ownership. The final offer is for only those tracts that are still under
ownership of White Chapel Village Center Partners, LP. A copy of the appraisal is enclosed.
Parcel 25 — 4,571 square feet (0.1049 ac) for ROW & 3,901 square feet (0.0896 ac) TCE
Parcel 35 — 4,436 square feet (0.1018 ac) TCE
Parcel 36 —1,561 square feet (0.0358 ac) TCE
The City of Southlake is proposing to widen North White Chapel Boulevard from Highland
Street to SH114 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 known as White Chapel Village Center Partners LP. 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 fifty two thousand eight hundred seventy five dollars
($52,875) as compensation for the proposed Right Of Way acquisitions, which is fair market
value of the parcel as determined by said appraisal.
I have enclosed the right of way and 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
Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork
N. White Chapel Widening from Highland St. to SH114 Page 2 of 2
Code Section 402.031 and Chapter 21 of the Texas Property Code. This is the final offer. If you
are agreeable to the request, sign the offer letter and return it to the City of Southlake in the
attached envelope and I will initiate the closing process. We do request that counter offers be
accompanied by a supporting certified appraisal.
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
Copy of Appraisals performed by Hanes Appraisal Company, LLC
EXECUTED this 1 day of Av 1)S4 ,2013
SELLER: c
Mark DeRose
By:
White Chapel Village Center Partners, LP
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: filt.4/11/04(a/
Auth ized Countersignature Senior Chairman of Board
Company
Capital Title of Texas, LLC Chairman of the Board
100 S. Village Center Drive
City, State Southlake, Texas 76092
A .; //
President
CONDITIONS AND STIPULATIONS
1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this
Commitment, that is not shown in Schedule B, you must notify us in writing,. If you do not notify us in writing,
our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do
notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already
incurred.
2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued.
Our liability is only for actual Toss incurred in your reliance on this Commitment to comply with its requirements
or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this
commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and
Stipulations, and Exclusions.
All notices required to be given the Company and any statement in writing required to be furnished the Company
shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. ste
■title guaranty company
•
COMMITMENT FOR TITLE INSURANCE
Issued By
First National Title Insurance Company
SCHEDULE A
Effective Date: October 31, 2013, 8:00 am GF No. 13- 159285 -SB
Commitment No. , issued November 13, 2013, 8:00 am
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount: $52,875.00
PROPOSED INSURED: City of Southlake
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R)
Policy Amount:
PROPOSED INSURED:
(c) LOAN POLICY OF TITLE INSURANCE (Form T -2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T -2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Tract 1- -Fee Simple
3. Record title to the land on the Effective Date appears to be vested in:
White Chapel Village Center Partners, L.P., a Colorado limited partnership
4. Legal description of the land:
Tract 1 - -Fee Simple
BEING a 0.1049 acre tract of land situated in the Larkin A. Chivers Survey, Abstract No. 300, in the City of
Southlake, Tarrant County, Texas and being a portion Lot 6, Block A -80, Peck Addition, an addition to the City of
Southlake, Texas, according to the plat thereof recorded in Volume 388 -137, Page .61, Plat Records of Tarrant
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a 518" iron rod with plastic cap stamped "PATE RPLS 5647" found tor the southwest corner of said
Lot 6, said found iron rod being at the intersection of the east right of way line of N. White Chapel Boulevard
(variable width right of way) and the north right of way line of E. Highland Street (variable width right of way);
THENCE N 00 "37'06" W (deed- N 00 °37'40" W), with the west line of said Lot 6 and the east line of said N. White
Chapel Boulevard, a distance of 73.68 teet to a 1/2" iron rod with plastic cqp stamped "TX REG NO 100189 -00" set
for corner;
THENCE S 31 °48'00" E, departing the west line of said Ldt 6 and the east line of said N. White Chapel Boulevard, a
distance of 34.84 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set for corner, said iron
FORM T -7: Commitment for Title Insurance Page I
Continuation of Schedule A GF No. 13- 159285 -SB
rod being the beginning of a tangent curve to the lett having a central angle of 50 °'50'18 ", a radius of 67.50 feet, a
tangent length of 32.08 feet, a chord bearing of S 57 °13'09" E and a chord length of 57.95 feet;
THENCE along said tangent curve to the left an arc distance of 59.89 feet to a 1/2" iron rod with plastic cap stamped
"TX REG NO 100189 -00" set for corner;
THENCE S 82 °38'18" E, a distance of 39.02 teet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189-
00" set for corner;
THENCE S 87 °44'49" E, a distance of 248.49 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189-
00" set for corner;
THENCE S 01 °54'05" W, a distance of 5.29 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00"
set for corner in the north right of way line of the aforementioned E. Highland Street;
THENCE N 88 °48'18" W (deed- N 89 °49'23" W), along the north right of way line of said E. Highland Street, a
distance of 353.19 feet to the POINT OF BEGINNING and containing 0.1049 acres or 4,571 square feet of land, more
or less.
FORM T -7: Commitment for Title Insurance Page 2
COMMITMENT FOR TITLE INSURANCE
Issued By
First National Title Insurance Company
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses
resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this
exception):
Item No. 1, Schedule B, has been deleted in its entirety.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping
of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner's Policy
only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other
entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or
oceans, or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
(Applies to the Owner's Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, and subsequent years; and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas
Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy
(T -2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the
year and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien
document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder
on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan
Policy (T -2) only.)
FORM T -7: Commitment for Title Insurance Page 3
Continuation of Schedule B GF No. 13- 159285 -SB
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy (T-
2R). (Applies to Texas Short Form Residential Loan Policy (T -2R) only. Separate exceptions 1 through 8 of this Schedule B
do not apply to the Texas Short Form Residential Loan Policy (T -2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or
delete this exception.):
a. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all
rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule
B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed.
b. All visible and apparent easements or uses and all underground easements or uses, the existence of which may
arise by unrecorded grant or by use.
c. Rights of parties in possession.
d. Rights of tenants, as tenants only, under unrecorded leases or rental agreements.
e. The following easement(s) and /or building line(s) affecting the subject property as shown on Map or Plat
recorded in Volume 388 -137, Page 61, Map or Plat Records, Tarrant County, Texas:
30 foot building line along the Southerly and Westerly property line.
f. Airport Zoning Ordinance No. 71 -100 for -Fort Worth International Airport recorded in 7349/1106, Real
Property Records, Tarrant County, Texas.
FORM T -7: Commitment for Title Insurance Pate 4
COMMITMENT FOR TITLE INSURANCE
Issued By
First National Title Insurance Company
SCHEDULE C
Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as
Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record.
2. Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule
A,
b. all standby fees, taxes, assessments and charges against the property have been paid,
c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors,
subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens
have attached to the property,
d. there is legal right of access to and from the land,
e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the
insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date
of this Commitment.
5. 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 White Chapel Village Center Partners LP, a Colorado limited partnership.
Countersigned
Capital Title of Texas, LLC - Southlake Boulevard
By
Authorized Signatory
FORM T -7: Commitment for Title Insurance Page 5
COMMITMENT FOR TITLE INSURANCE
SCHEDULE D
GF No. 13- 159285 -SB Effective Date: October 31, 2013, 8:00 am
Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of
Texas, the following disclosures are made:
. The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment
Disclosures pursuant to Procedural Rule P -21, by Texas State Board of Insurance:
UNDERWRITER: First National Title Insurance Company, a Texas corporation, shall disclose:
Shareholders of 10% or more of First National Title Insurance Company; there shall also be disclosed all individuals,
partnerships, corporations, trusts or other entities owning ten percent (10 %) or more, of those entities directly owning ten
percent (10 or more, of the Title Insurance Company:
William C. Shaddock- Texas National Holding, LLC
DIRECTORS OF FIRST NATIONAL TITLE INSURANCE COMPANY:
William C. Shaddock, J. Christopher Phillips, Mark E. Mitchell, Forest C. Roan, Patrick G. McMillan, Jr., William C.
Shaddock, Jr.
OFFICERS OF FIRST NATIONAL TITLE INSURANCE COMPANY:
William C. Shaddock, Chairman; J. Christopher Phillips, Chief Executive Officer and President; Forrest C. Roan, Secretary;
Raymond Reece, Chief Fincial Officer; Patrick G. McMillan, Jr., Treasurer; Geri Hosterman, Senior Vice President; Errin
Froggatt, Vice President; and Donald O. Horn, Vice President.
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 $543.00
Loan Policy $0.00
Endorsement Charges $0.00
Other $0.00
Total $543.00
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:
FORM T -7: Commitment for Title Insurance Pate 6
Continuation of Schedule D GF No. 13- 159285 -SB
Amount To Whom For Services
"
The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of Insurance."
FORM T -7: Commitment for Title Insurance Page 7
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from certain risks El seguro de titulo le asegura en relacion a perdidas resultantes de
to your title. ciertos riesgos que pueden afectar el titulo de su propriedad.
The commitment for Title Insurance is the title insurance company's El Compromiso para Seguro de Titulo es la promesa de la compaiva
promise to issue the title insurance policy. The commitment is a aseguradora de titulos de emitir la poliza de seguro de titulo. El
legal document. You should review it carefully to completely Compromiso es un documento legal. Usted debe leerlo
understand it before your closing date. cuidadosamente y endenterlo complemente antes de la fecha para
finalizar su 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 you coverage. Conditions include your responsibilities and
those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are
not the same as the Commitment Conditions.
You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at or
by calling the title insurance agent that issued the Commitment. The Texas Depai tinent of Insurance may revise the policy form from
time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 - 252 -3439.
Before the Policy is issued, you may request changes in the Policy. Some of the changes to consider are:
- -- Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must
furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for
the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure
you against loss because of discrepancies or conflicts m 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 8
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle
a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to
take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration
process. In addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before
the closing of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy.
All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity).
All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall
be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court of competent jurisdiction."
SIGNATURE DATE
FORM T -7: Commitment for Title Insurance Page 9
First National Title Insurance Company
Premium Amount Rate Rules Property County Liability at
Type Code Reissue Rate
1 2 3 4 5 6 7 8
$543.00 1000 2 439
WHAT DOES Stewart Title Companies DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law
regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
understand how we use your personal information. This privacy notice is distributed on behalf of Stewart Title Guaranty Company,
pursuant to Title V of the Gramm- Leach - Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as Stewart Title Companies need to share customers' personal information to run their everyday
business to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
_..., _.. -: ___.. �as:...c,_ �_�.'.,,rr d'�a�sk'r��� �+�,�<`n d.� �,`
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 nonfmancial 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
companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
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 Iicencia,
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
■title guaranty company
TEXAS TITLE INSURANCE IINFORMATION
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 Ia promesa
insurance policy. The commitment is a legal de la compania aseguradora de titulos de emitir Ia
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 leerlo
cuidadosamente y entenderlo completamente antes
de la fecha para finalizar su transaccion.
Your commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a
contract to issue you a policy subject to the 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
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
United Tax Services, Inc.
rrl united2400 Dallas Parkway, Suite 560, Plano, TX 75093
TAX SEIih'ICES, INC, Phone: 972- 682 -2716 Fax: 866- 553 -1073
Tax Certificate
Property Information
File#: 13- 159285 -SB Br SB
Legal Description: Peck Addition Blk A80 Lot 6 2013 Assessed Value
Total Acreage: 2.0000 # of Parcel(s): 1 # of Jurisdiction(s): 3 Land: $150,000
Situs Address: 1205 N White Chapel Blvd., Southlake TX 76092 Improvements $245,000
Mailing Address: 8231 E Prentice Ave, Greenwood Village CO 80111 Total: $395,000
Assessed Owner(s): Derose, Mark E.
Tax Summary
Jurisdiction Exemptions TaxYr Base Tax Penalty Due Now Due 01/14 Due 01/14
Tarrant County None 2013 $2,533.52 $0.00 $2,533.52 $2,533.52 $2,533.52
Southlake None 2013 $1,824.90 $0.00 $1,824.90 $1,824.90 $1,824.90
Carroll ISD None 2013 $5,530.00 $0.00 $5,530.00 $5,530.00 $5,530.00
Total 2013 $9,888.42 $0.00 $9,888.42 $9,888.42 $9,888.42
Grand Total All $9,888.42 $0.00 $9,888.42 $9,888.42 $9,888.42
Payment Information for Tarrant County
Payable to Tarrant County Tax Collector Phone: (817) 884 -1100 Next Due Date: 1/31/2014
Mail to: PO Box 961018 , Fort Worth, TX 76161
CAD # Parcel# Acreage TaxYr Tax Rate Base Tax Total Pd Penalty W/O Exempt
32035A806 02184915 2.0000 2013 $0.6413970 $2,533.52 $0.00 $0.00 $2,533.52
Payment Information for Southlake
Payable to Tarrant County Tax Collector Phone: (817) 884 -1100 Next Due Date: 1/31/2014
Mail to: PO Box 961018 , Fort Worth, TX 76161
CAD # Parcel# Acreage TaxYr Tax Rate Base Tax Total Pd Penalty W/0 Exempt
32035A806 02184915 2.0000 2013 $0.4620000 $1,824.90 $0.00 $0.00 $1,824.90
Payment Information for Carroll ISD
Payable to Tarrant County Tax Collector Phone: (817) 884 -1100 Next Due Date: 1/31/2014
Mail to: PO Box 961018 , Fort Worth, TX 76161
CAD # Parcel# Acreage TaxYr Tax Rate Base Tax Total Pd Penalty W/O Exempt
32035A806 02184915 2.0000 2013 $1.4000000 $5,530.00 $0.00 $0.00 $5,530.00
Order Information
Request Date: 3/27/2013 Request By: Armando Mendo Update Request: Request By:
Date Completed: Update Completed: 11/7/2013
Billing and Fee Summary
Charge Description Quantity Rate Total Amount
Tax Cert Fee 1 $59.80 $59.80
Total Charges 1 $59.80
Mail payment to - United Tax Services, Inc., 2400 Dallas Parkway, Suite 560 1 Plano, TX 75093
287637 Page 1 of 1 Thursday, November 07, 2013
PURCHASER'S STATEMENT
Date: November 15, 2013 GFNo: 13- 159285 -SB
Sale From: White Chapel Village Center Partners, L.P., a To: City of Southlake
Colorado limited partnership 1400 Main Street, Suite 320
8231 E Prentice Ave Southlake, TX 76092
Greenwood Village, CO 80111
Property: See Exhibits "A" in file scan for Parcel 25 Right of Way and Parcel 25 -SE Slope Easement and Parcels 35 & 36
Temporay Construction Easements
1205 N White Chapel Blvd.
Southlake, TX 76092
Purchase Price _____ ___ -_ _ — ___-.$52,875.00
Plus: Charges
Record ROW to Capital Title of Texas___.__._ _ _.____ _ $28.00
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
Guaranty Fee to Texas Title Insurance Guaranty Association _ .$2.00
E- Recording Fee to United eRecording ____$9.00
Title Insurance __ -- - -- $543.00
Single Issue - .$543.00
Total Charges ------- - - - - --
— ...... ......... ---------- - - - - -- -- -- - - - - -- - - - - -- $1,391.80
Gross Amount Due By Purchaser__._- _- _______ $54,266.80
Less: Credits
Total Credits_._..- ._______ -____ $0.00
Balance Due by Purchaser X54 266.80
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 Seiler direct.
The undersigned hereby authorizes Capital Title of Texas, LLC - Southlake Boulevardto make expenditure and disbursements as shown above and approves same for
payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement
Capital Title of Texas, LLC - Southlake Boulevard
The City of Southlake
B � By: t
G e Giebelstein Name: .: o k n. C . -e
Title: 1M e „ t n {
Printed at 11/11/2013 (03:48 pm) Compliments of Capital Title of Texas, LLC - Southlake
Boulevard
Page 1 of 4
Electronically Recorded Tarrant County
•
Official Public Records 11/13/2013 4:01 PM D213293673
"1 1 PGS 4 $28.00 -
' �•�{- 8-� err �as c. ter.
Capital Title Mary Louise Garcia Submitter: ERECORDING PARTNERS
G F# 13-1642855 -595 NOTICE OF CONFIDIETIALTTY RIGHTS: IF YOU ARE ANY K
PERSON, YOU MAY REMOVE OR• STRUO ANY OF THE FOLLOWING
INPORMAITON FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC .RECORDS:. YOUR SOCIAL SECURITY NUMBER,
OR YOUR DRIVER'S LICENSE NUMBER
CITY OF SOUT TAKE
PERMANENT RIGKf..OP -WAY
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT -
That WHITE CHAPEL VILLAGE CENTER PARTNERS, LP, 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 SOYTEC-AXE. a municipal corporation of
Tarrant County, Texas (Grantee), receipt of which is hereby acknowledged, does hereby
Bunt, bargain, sell and convey to said Grantee, its successors and are gr , a pennane t
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 ma;ntaining 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 m Tarrant County, Texas
(the 'Property") being described as follows : •
Parcel 25 —4,571 square feet (0.1049)
TO HAVE AND TO HOLD that said conveyed Property unto the Grantee, for the
purposes herein set forth, and Gratltorl ereby 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 t2iday of fiCil , 2013.
By:
MARK DcRO snag of
White Chapel Pillage Center Partners, LP
STATE OF 0.44
COUNTY OF f A 69,
_
Colo 4,4
Before me, THE UNDERSIGNED AUTHORITY, IN AND FOR THE State ofTeras, on
this day personally ' known :to me to be the person whose name is_ it ARpi. D P.mst
subscribed to the foregoing instrument aid acknowledged to me that he/she executed the
same for the purposes and considerations therein expressed, and in the capacity therein -
stated.
•
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 12 day of
lWn�.be K , 2013.
��� MOLLY DIXON
J' " . NOTARY PUBLIC
NotaryPublicm f or the StateofTe:cn OctrAido STATE OF COLORADO
My CommisstonExpues 111 "i1 ` NOTARY 1D 20134034377
1 " 3 MY COMMISSION EXPIRES MAY 31, 2017
•
•
•
Capital Title
GF# NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
1NFORMAITON FROM THIS INSTRUMENT BEFORE IT LS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER,
OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF SOUTHLAKE
PERMANENT RIGHT -OF -WAY
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
That WHITE CHAPEL VILLAGE CENTER PARTNERS, LP, 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 :
Parcel 25 — 4,571 square feet (0.1049)
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 ay of Aal , 2013.
By:
MARK DeRO , anag of
White Chapel Village Center Partners, LP
STATE OF TEXAS 00/04
COUNTY OF TARRAti- C41
Before me, THE UNDERSIGNED AUTHORITY, IN AND FOR THE State of Texas, on
this day personally appeared , known to me to be the person whose name is * be 2es�
subscribed to the foregoing instrument and acknowledged to me that he /she executed the
same for the purposes and considerations therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 12 day of
kote , r , 2013.
' 1 NOTARY PUBL C
Notary Public in any for the State of Te�cas Colo t- 4/�i STATE OF COLORADO
1119
My Commission Expires: 01 ` - i NOTARY ID 20134034377
MY COMMISSION EXPIRES MAY 31, 2017
EXHIBIT "A"
•
RIGHT -OF -WAY ACQUIS ITION
0.1049 ACRES /4, 571 SQ. FT PARCEL
A PORTION OF THE WHITE CHAPEL VILLAGE CENTER PARTNERS LP TRACT
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. .300
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
DESCRIPTION
BEING o 0.1049 acre tract of land situated in the Larkin H.
Chivers Survey, Abstract No. 300, in the City of Southloke,
Tarrant County, Texas and being a portion of Lot 6, Block A-
80 of Peck Addition, an addition to the City of Southlake,
Texas according to the plot thereof recorded in Volume 388-
137, Page 61 of the Plat Records of Tarront County, Texas,
said Lot 6, Block A -80 being all of o called 1.887 acre
tract conveyed to White Chapel Village Center Partners LP
according to the General Warranty Deed os recorded in
Instrument No. D205378677 of the Deed Records of Tarrant
County, Texas (D.R.T.C.T.), and being more particularly
described by metes and bounds as follows:
BEGINNING of o 5/8" iron rod with plastic cap stomped "PATE
RPLS 5647" found for the southwest corner of said Lot 6,
Block A -80, said iron rod being at the intersection of the
east right —of —way line of N. White Chapel Boulevard
(variable width right —of —way) and the north right —of —way
line of E. Highland Street (variable width right —of —way);
THENCE N 00'37'06" W (plot ti N 01'50' W), with the west line
of said Lot 6, Block A -80 and said eost right — of—way line of
N. White Chapel Boulevard, 73.68 feet to a 1/2" iron rod
with plastic cop stamped "TX REG NO 100189 -00" set for
corner, from whence a 5/8" iron rod with plastic cop stamped
"PATE ENGR RPLS" found for the common northwest corner of
said Lot 6. Block A -80 and the southwest corner of Lot 5,
Block A -80 of said Peck Addition bears N 00'37'06" W (plat —
N 01'50' W), 115.12 feet, soil Lot 5, Block A -80 being a
portion of a called 4.190 acre tract conveyed to White
Chapel Village Center Partners LP according to the General
Warranty Deed as recorded in Instrument No. D205378678,
D.R.T.C.T.;
THENCE S 31'48'00" E, deporting the west line of said Lot 6,
Block A -80 and said east right —of —way line of N. White
Chopel Boulevard, 34.84 feet to a 1/2" iron rod with plastic
cap stomped "TX REG NO 100189 -00" set for corner, sold iron
rod being the beginning of a tongent curve to the left
hoving o central angle of 50'50'18 ", o radius of 67.50 feet,
o tangent length of 32.08 feet and a chord which bears
S 57'13'09" E, 57.95 feet;
THENCE, with said tangent curve to the left. on orc distance
of 59.89 feet to o 1/2" iron rod with plastic cop stamped
"TX REG NO 100189 -00" set for corner;
THENCE S 82'38'18" E. 39.02 feet to o 1/2" iron rod with
plastic cop stomped "TX REG NO 100189 -00" set for corner;
2\111) NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. N0. 100189 -00 OCTOBER 9, 2012
Two Pork Lone Place / 8080 Park Lane / Suite 600 08 -10 -076.3
Dallas, Texas 75231 / Ph. (214) 739 -4741 8076— P25.dwg
EXHIBIT "A"
RIGHT-OF-WAY ACQUISITION
0 1049 ACRES /4,571 SQ. FT. PARCEL
A PORTION OF THE WHITE CHAPEL VWLL4GE CENTER PARTNERS LP TRACT
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
THENCE S 87'44`49" E. 248.49 feet to a 1/2" iron rod with
plastic cop stomped "TX REG NO 100189 -00" set for corner;
THENCE S 01'54'05" W, 5.29 feet to a 1/2" iron rod with
plastic cop stomped "TX REG NO 100189 -00" set for corner in
the south Tine of said Lot 6, Block A-80 and the
aforementioned north right— of —woy line of E. Highlond
Street, from whence o 1/2" iron rod found for the southeast
corner of said Lot 6, Block A -80 bears S 88'48'18" E (plot w
S 89'56'29" W), 82.91 feet;
THENCE N 88'48'18" W (plat - S 89'56'29" W). with the south
line of said Lot 6. Block A -80 and said north right —of —way
line of E. Highlond Street, 353.19 feet to the POINT OF
BEGINNING and containing 0.1049 ocres or 4,571 square feet
of land, more or less. �.
or
wt L
FOR THAN 1. MAIER CONSULTING ENGINEERS, INC. /IA 6 t . "'" s, ■ �. ! #1141111111‘14 a
,
'' C. R.P.L.S. No. 4268 "+ r
'egistered Professional Land Surveyor 1c. .a g p #4268 4 7•
NOTES:
Bearings for this survey are based on the Western Doto
Systems Texas Cooperative Network and are 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 was performed without the benefit of o title
commitment and may be subject to liens, encumbrances,
easements, rights —of —way, restrictions. covenants,
reservations or other conditions of record which the
undersigned has not been advised of or is aware of. No
additional research for easements was performed by Nathan D.
Maier Consulting Engineers, Inc. in the preparation of this
survey.
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 2 OF 3
-,\ D V TBPE FIRM REG. N0. F -356 REVISED: JANUARY 7, 2013
T BPLS FIRM REG. NO. 100189 -00 OCTOBER 9, 2012
Two Park Lone Place / 8080 Park Lone / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 -4741 08 -10 -076.6
8076— P25.dwg
EXHIBIT "A" ,
RIGHT- OF-WAY ACQUISI710N
0.1049 ACRES /4, 571 SQ. FT. PARCEL
A PORTION OF THE WHITE' CHAPEL VILLAGE CENTER PARTNERS LP 1RACT
L4RKIN H. CHIMERS SURVEY, ABSTRACT NO. 300
•
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
i . WHITE CHAPEL VILLAGE" CENTER PARTNERS LP
1NST, NO. 0204 537867 OCK 880 , D.R. TC. T. A BB REVIA 710/1 LEGEND
PORTION OF CALLED 4.190 ACRES
i � ., ,' D.R T C. T. DEED RE CORDS OF TA RRANT
�/ P.R. ll \\ LO 81.5A3
L A - COUNTY, TEXAS
�Il P %, , t , PECK T A C. 61, O.P. R. T C. T. OFFICIAL PUBLIC RECORDS OF
11 VOL 388-137, PC. 61, PR L C T TARRANT COUNTY, TEXAS
a V � ` ® � T, c 7
I/2" CO PLAT IMITY, RECORDS TEXAS OF TARRANT
N 4 " W/VOCT 1928 CAP CAB., SLIDE CABINET, SLIDE
N O R T H 4 co0 CENTER PARTNERS LP 1V}1I CHAPEL T INST. NO. UNSTRUMENT NUMBER
).. " z LP vOL , PG VOLUME, PAGE
SCALE.' 1 =100 c1 P y ` T NO. R02c 5378578 C.L. CENTERLINE
a Z PORTION OF CALLED 4.190 ACRES R..0.W R SIT - -WAY
LOT 5, BLOCK A -80 SQ Fr. SQUARE FEET
PECK ADDITION IRE IRON ROD FOUND
- Q1/2' AV VOL. 388 -137, PG. 61 IPF IRON PIPE FOUND
P.R. T L~ T. IRS W /CAP IRON ROD SET WITH PLASTIC
5/8' 1RF CAP STAMPED - TX REC 110
LA E Dcw RPLS CAP 100189 -OD"
. = 3 S 31 E
I 0 38.84' , miter
CITY Cr SOITHLAKf o 0 DO z R =6750' ANTE CHAPEL vILLACE CENTER PARTNERS LP I to go
T. NO. D199076920 z ^ T 3208 D.R T.0 T
.. r T=32.08' INST. . ND. 8677
INS
S
D.R.T.C. T, I 6 2 • ^ 0 a L=59.89' CALLED 1.887 ACRES
CALLED 1.0 ACRES , - 0
(i O z r/7" Ats CB =S 5773'09' E- LOT 6, BLOCK A -80
1 Z 7,
W/L ^4P
CL=57.95 AD -134 DITION
PC. 61
S 82'38'18 F P.R.T.CT. IRS
5/8' NPF CC-2' W/TNNAWAY: A CAP+.„� � / � � TW s vI •�' 24a49'11.2. "S 01. � W
, 5/8" IRE '//" /J%/ ���ii . .o..... E ...,., .,...
.,....,. 1 - SF
1W/PATE RAMS
5647 CAP N 8848'18' W 35319' '/2" IRS " - s 88'4a•r8" 5
I/2"Fr (PLATS 8956'29" W)
1/2 .1RF POINT or 0.1049 ACRES /��/ �p (PLAT S 8956:29" PO
I —� (4571 SQ. FT.) E. HIGHLAND STREET (VARIABLE loDTT1 ROW.)
W. HIGHLAND STREET $T ANPEO -
(VARIABLE WIDTH P0. W) GIRAMAY ASSOCIATES
617- e40 -8535
may T/7 IW`
} j W /AREA SLIRYEVIN6 CAP
1 "x' 11 H.W. COOK AND WC
w 0 , JOHN A UADDEN AND DOROTHY M. COOK
M1FE, HELEN L. MADDEN VOL. 5137, Pc 217
W p K1 ,+11�, `� e VOL 6521, T.C. T, 621 REMAINDER OF TRACT 2
JAMES No Or oo. � "�o �. 0 `o
D.R. T•C. T. NS Z-.. 0 '" ti G•
(LAST 1NLL AND TESTAMENT V y0 Q 9-
OF JAMES CLIFFORD 14000) a 1:.454'5C 0
7.5 ® U UTILITY —
\r.v NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 3
TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189 -0 OCTOBER 9, 2012
Two Park Lane Place / 8080 Park Lone / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 -4741 OS -10 -076.6
8076- P25.dwg
TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Being the owner of the herein - described property, the WHITE CHAPEL VILLAGE CENTER
PARTNERS, LP ( "Owner") hereby grant to the City of Southlake, Texas (the "City"), and to the City's
Contractors, a temporary construction easement through a portion of a tract of land conveyed for the
purpose of constructing necessary roadway facilities.
The temporary construction easement shall be of variable width and shall be east of, adjacent to
and parallel to the Permanent Right -of -Way Line shown on Exhibit "A" attached hereto.
It is understood that during construction the Contractors will of necessity require the temporary
construction easement to accommodate movement of equipment for handling and placement of piping
and supplies, but only as may be necessary, and in no case shall the Contractor permit equipment to
become in contact with, or damage existing buildings or other permanent lot improvements. It is further
understood that the Contractor shall be required by the City to restore all areas of the lot, relative to
fencing, structures, and other improvements to pre- existing conditions, or better. During such restoration,
the Contractor shall slope the surface of the temporary construction easement to provide a gradual
transition between the roadway and the remainder of the Owner's property.
This Temporary Construction Easement is subject to the following additional terms and
conditions:
a. The easement shall commence on the date the City issues a Notice to Proceed to the
construction Contractor for the Highland St. to SH 114 for an initial term of twenty four (24) months.
b. The easement shall terminate on the earlier to occur of (i) final acceptance by the City of
the Contractors' work or (ii) the completion of the improvements on subject parcel(s).
c. The City MAY extend this Temporary Construction Easement twice for twenty four (24)
month increments in return for $6,875 paid by the City per twenty four month period to WHITE
CHAPEL VILLAGE CENTER PARTNERS, LP, provided such payment is received before expiration
of the prior term.
Temporary Construction Easement, Permission and Access granted this 121, day of
IN )* f , 2013.
By: //7/711
DeR • E, Manager of,
White Chapel Village Center Partners, LP
Page 1
ACKNOWLEDGEMENT
THE STATE OF TES Ca.latvth §
COUNTY OF 4(q +net §
C.L.J.
BEFORE ME, the undersigned authority, in and for the State of T-exas, on this day personally
appeared I t,w & deLi4 known to me, or proved to me through bet -e pr's Lice Asc. (describe the
identity card or other document), to be the same person whose name is subscribed to the foregoing
document and acknowledged to me that he executed the same for the purposes and consideration therein
expressed and in the capacity stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ) Z. day of �JO.ew� fot , 2013.
//
NM _ ?1 _w OIX:sN otaryPu•. c, State ofTeeas C'a(,c.�,.10
NOT;:::' - PUBLIC
STATE * COLORADO tol D I>CQt1
ii ,ti A A ./1 4./...4
SEAT, NOTARY ID 20134034377 Name votary Printed
M Y C OMMISSION EXPIRES MAY 31, 2017
makl Al 1 2011
Notaok'l Commission Expires
Page 2
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
0.0896 ACRES/3,901 SQ. FT. PARCEL
A PORTION OF THE WHITE CHAPEL VILLAGE CENTER PARTNERS LP TRACT -
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
DESCRIPTION
BEING o 0.0896 acre tract of lond situated in the Larkin H.
Chivers Survey, Abstract No. 300, in the City of Southloke,
Torrent County, Texas, and being a portion of Lot 6, Block A— •
80 of Peck Addition, on addition to the City of Southloke,
Texas according to the plot thereof recorded in Volume 388-
137, Page 61 of the Plot Records of Tarrant County, Texas,
said Lot 6, Block A -80 being all of o called 1.887 acre
tract conveyed to White Chopel Village Center Partners LP
according to the General Warranty Deed as recorded in
Instrument No. D205378677 of the Deed Records of Torrent
County, Texas (D.R.T.C.T.), and being more particularly
described by metes and bounds as follows:
COMMENCING at o 5/8" iron rod with plastic cop stomped "PATE
RPLS 5647" found for the southwest corner of the
aforementioned Lot 6, Block A -80, said corner being at the
intersection of the east right—of—way line of N. White
Chapel Boulevard (variable width right —of —way) and the north
right —of —way line of E. Highlond Street (variable width
right —of —way);
THENCE N 00'37'06" W (plat —N 01'50' W), with said east right —
of —way line of N. White Chapel Boulevard and the west line
of sold Lot 6, Block A -80, 73.68 feet to a 1/2" iron rod
with plastic cop stomped "TX REG NO 100189 -00" set for
corner at the POINT OF BEGINNING;
THENCE N 00'37'06" W (plot —N 01'50' W), continuing with soid
east right —of —way line of N. White Chapel Boulevard and the
west line of said Lot 6, Block A -80, 50.27 feet, from whence
a 5/8" iron rod with plostic cop stomped "PATE ENGR RPLS"
found for the common northwest corner of said Lot 6, Block A-
80 and the southwest corner of Lot 5, Block A -80 of said
Peck Addition bears N 00'37'06" W (plot —N 01'50' W), 64.85
feet, said Lot 5, Block A -80 being a portion of o called
4.190 acre tract conveyed to White Chopel Village Center
Partners LP according to the General Warranty Deed as
recorded in Instrument No. D205378678, D.R.T.C.T.;
THENCE 5 31'48'00" E, departing said east right —of —way line
of N. White Chapel Boulevard and the west line of said Lot
6, Block A -80, 99.73 feet;
THENCE S 76'56'43" E, 87.26 feet;
THENCE S 00'54'55" W, 13.01 feet;
THENCE N 87'44'49" W, 31.05 feet to a 1/2" iron rod with
plastic cop stamped "TX REG NO 100189 -00" set for corner;
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 4
TBPE FIRM REG. NO. F -356 REVISED; JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 29, 2012
Two Pork Lone Place / 8080 Pork Lane / Suite 600 08 -10 -076.8
Dallas, Texas 75231 / Ph. (214) 739 -4741 8076— P25— TCE1.dwg
EXHIBIT "A"
7FMPORARY CONSTRUCTION EASEMENT
0.0896 ACRES/4901 SQ. FT. PARCEL
A PORTION OF THE WHITE CHAPEL VILLAGE CENTER PARTNERS LP TRACT -
LARKIN H. CH/VERS SURVEY, ABSTRACT NO. 300
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
THENCE N 82'38'18" W, 39.02 feet to a 1/2" iron rod with
plastic cop stomped "TX REG NO 100189 -00" set tor corner at
the beginning of o tangent curve to the right having a
central angle of 50'50'18 ", a radius of 67.50 feet, a
tangent length of 32.08 feet and a chord which bears
N 57'13'09" W, 57.95 feet;
THENCE, with said tangent curve to the right, an arc
distance of 59.89 feet to a 1/2" iron rod with plastic cop
stamped "TX REG NO 100189 -00" set for corner;
THENCE N 31'48'00" W, 34.84 feet to the POINT OF BEGINNING
ond containing 0.0896 acres or 3,901 squore feet of lond.
more or Tess_
a
Fs' AT AN D. MAIER CONSULTING ENGINEERS, INC. g` lr 41.•
p � s ti p , f9 ,,
a
'hn L. Melton, R.P.L.S. No. 4268 < JOHN L. MELTON •
Registered Professional Land Surveyor NZI
4, i n o . d 4
NOTES:
Beorings tor this survey are based on the Western Dato
Systems Texas Cooperotive Network and ore referenced to
NAD83 State Plane Coordinate System, Texas North Central
Zone 4202. Stations DMLN —g and DML2 —g0811 were utilized os
base stations during GPS dato 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
additionol research for easements was performed by Nathan D.
Maier Consulting Engineers, Inc. in the preparation of this
survey.
NATHAN O. MAIER CONSULTING ENGINEERS, INC. PAGE 2 OF 4
TBPE FIRM REG. NO. F -356 REVISED JANUARY 7, 2013
TBPLS FIRM REG. N0. 100189 -00 OCTOBER 29, 2012
Two Park Lone Place / 8080 Pork Lone / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 -4741 08 -10 -076.6
8076— P25— TCE1.dwg
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
0.0896 ACRES/3,901 SQ. FT. PARCEL
A POR77ON OF THE WHITE CH EL PILLAGE CENTER PARTNERS LP TRACT
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
rir
1 /2'6w. 'r WHITE CHAPEL muck" CENTER PARTNERS LP
INST. NO. 0205378678
D.R.
i,•"1.,,,,,,!,! t T.C. T.
&\ PORTION OF CALLED 4.190 ACRES
11� 1�� b LOT 4, BLOCK A-BD
I 1 ; PECK 40014014
VOL. 388-137, PG 61
- O ti P,R.T.G.T
fVORTF -I COQ wj'/T196CAP
SCALE: 1 " =100' ��e2 0 8IHflr CHAPEL 'cum CENTER PARTNERS LP
OINST. NO. 0205378678
y D.R.T.CT.
2 PORTION OF CALLED 4.190 ACRES
LOT 5, BLOCK A -80
1_ Try PECK ADDITION
0 VOL. 388 -137, PG. 61
` o r/2" tl1F P.R. T.C. T
.y i
CITY OF SOUTHLAKE o 3 ^- --5/8 - traT
1N5T. NA D19907E920 � _ W/PA7E ENGR RPLS CAP
. h 11967 CHAPEL HLLAGE CENTER PARTNERS LP
O.R. T. C T. ° m INST. Na D205378677, D.R. T.C.T.
ti
` CALLED 1.0 ACRES Z & CALLED 1.887 ACRES
e ADDITION
' (,T-N g7 sD 1 w 4 . 2 S 31'48'00" E LO voL 6 as - 131 - pc c1 P.R. 7
N 00 '3706 W 99.73'
ec.... 0.0896 ACRES
� G �%. (3,901 SQ FT. FOR EASEMENT NE
ti 1/2 Hos w/CAPi S 7656'43" E AND CURVE TABLES
—I 8Z26'
i= W/DLNAW4 & ASSOC - 0 C2,�, - :„.. /, S 0054'55" W--13.01' k, 1/2' WF
a POINT OF�
,n- me- COMMENCING L3 L2 E. HIGHLAND STREET
5/8" MF
W/PAIE RPLS 5667 CAP (VARIABLE IS90TH R.O.W.)
— -- • • ' ~ "� - 1/7 Ate' JOHN A. MADDEN AND H.W. COOK AND 147 CAP
W. HIGHLAND STREET s AraM r>Fv " owl: , �' W/ AREA E G WIFE, HELEN L. MADDEN DOROTHY AL COOK
(VARIABLE WI07H R.O.W.) GRAHAM ASSUCrA7E$ I VOL. 6511, PG 621 VOL. 5137, PG 217
617 - 640 - 85.75` D.R. T, C T D.R. T.0 T.
REMAINDER OF TRACT 2
Q FIRST ASSEMBLY OF GOD CHURCH,
VOL. 4999, PC. TEXAS ABBREWATION LEGEND
m D.R. T.0 T.
REUAWDER OF CALLED I D.R.T.CT DEED RECORDS OF TARRANT
2.07 ACRE A ND
TRACT I O.P.R. T.C.T. OFFCIAL PUBLIC RECORDS OF
JAMES CLIFFORD 2000, JR W SOLITHLAKE ASSEMBLY OF GOD 7ARRANT COUNTY, TEXAS •
7NST. NO. D197212230 VOL. 7597, PC. 724 P.R. I, 70 7 PLAT RECORDS OF TARRANT
D.R.T.C.T, Qp D.R.LCT / { COUNTY, TEXAS
(LAST IaLL AND TESTAMENT REMAINDER OF CALLED CAB„ SUITE CABINET, SLIDE
OF JAWS CLIFFORD WOOD) V 10.011 ACRE TRACT y I 1NST. NO. INSTRUMENT NUMBER q LOT 1R1. m.orK 1 4 1
— — — • — — ' — — • — —' ' SOUTHLAKE ASSEMBLY OF , fSetT. (45(140147
GOD ADDITION f R.O. RIGIT -p6 WAY
1""..` INST. NO 0210748766 j I SO, FT. SQUARE FEET
tM 0P.R.T.C.7. IRE cN ROD FOUL
In # IPF IRON PIPE FOUND
IRS W /CAP 1RON ROD SET 149TH PLASTIC
CAP STAMPED 'TX REG NO
100789 -00' •
1 PAGE 3 OF 4
NATHAN D. MAIER CONSULTING ENGINEERS, INC.
TRIPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 29, 2012
Two Park Lane Place / 8080 Park Lane / Suite 600 08 -10 -076.8
Dallas, Texas 75231 / Ph. (214) 739 -4741 8076- P25- TCE1.dwg
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
0.0896 ACRES/3,901 SQ. FT. PARCEL
A POR77ON OF THE WHITE CHAPEL VILLAGE CENTER PARTNERS LP TRACT -
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300
CITY OF SOU7NLAKE, TARRANT COUNTY, TEXAS
■ EASEMENT LINE TABLE
NO. BEARING DISTANCE PLAT BEARING
L 1 N 00'37'06" W 73.68' N 01'50' W
L2 N 874449" W 31.05' - - --
L3 N 8238'18" W 39.02' - - --
�L4 N 3148'00" W 34.84' - - -- J
' EASEMENT CURVE TABLE
NO. DATA
CV1 d =50 '50'18"
R= 67.50'
T =32.08'
L= 59.89'
CB =N 57'13'09" W
` CL =57.95' ■
D V NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 4 OF 4
TBPE FIRM REG. NO. ' F -356 REVISED; JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 29, 2012
Two Park Lane Place / 8080 Park Lone / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 - 4741 08 - 10 - 076.B
8076— P25— TCEl.dwg
TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Being the owner of the herein- described property, the WRITE CHAPEL VILLAGE CENTER
PARTNERS, LP ( "Owner") hereby grant to the City of Southlake, Texas (the "City "), and to the City's
Contractors, a temporary construction easement through a portion of a tract of land conveyed for the
purpose of constructing necessary roadway facilities.
The temporary construction easement shall be of variable width and shall be east of, adjacent to
and parallel to the Permanent Right -of -Way Line shown on Exhibit "A" attached hereto.
It is understood that during construction the Contractors will of necessity require the temporary
construction easement to accommodate movement of equipment for handling and placement of piping
and supplies, but only as may be necessary, and in no case shall the Contractor permit equipment to
become in contact with, or damage existing buildings or other permanent lot improvements. It is further
understood that the Contractor shall be required by the City to restore all areas of the lot, relative to
fencing, structures, and other improvements to pre - existing conditions, or better. During such restoration,
the Contractor shall slope the surface of the temporary construction easement to provide a gradual
transition between the roadway and the remainder of the Owner's property.
This Temporary Construction Easement is subject to the following additional terms and
conditions:
a. The easement shall commence on the date the City issues a Notice to Proceed to the
construction Contractor for the Highland St. to SH 114 for an initial term of twenty four (24) months.
b. The easement shall terminate on the earlier to occur of (i) final acceptance by the City of
the Contractors' work or (ii) the completion of the improvements on subject parcel(s).
c. The City MAY extend this Temporary Construction Easement twice for twenty four (24)
month increments in return for $2,750 paid by the City per twenty four month period to WHITE
CHAPEL VILLAGE CENTER PARTNERS, LP, provided such payment is received before expiration
of the prior term.
Temporary Construction Easement, Permission and Access granted this (216 day of
AoVer..9r , 2013.
By: / 7 / 4 /2/ V-1/4
MARK DeROSE, Manager of,
White Chapel Village Center Partners, LP
Page 1
ACKNOWLEDGEMENT
THE STATE OF CCJccrt4c , §
COUNTY OF l'IsER 1 4 - rA r 4 §
C•!OiW h
BEFORE ME, the undersigned authority, in and for the State of ''txas, on this day personally
appeared I 6e4 6e4 known to me, or proved to me through Dr t.c r , L < cc.r . (describe the
identity card or other document), to be the same person whose name is subscribed to the foregoing
document and acknowledged to me that he executed the same for the purposes and consideration therein
expressed and in the capacity stated therein.
GNEN UNDER MY HAND AND SEAL OF OFFICE this IZ day of /I) st,Qc.r, 2013.
A) /•
_.....,---- .._._.._ Notary Publ , State of—T-exasC
fV1r?t Y DiXON
N PUBLIC fYlpl [ lzbn
STATE OF COLORADO
SEAL NOTARY ID 20134034377 Name of tart' Printed
MY COMMISSION EXPIRES MAY 31, 2017 11 31 l 2 Ni
Notary's Commission Expires
Page 2
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
0.0358 ACRES /1,581 SQ. FT. PARCEL
A POR7OON OF THE WHITE CHAPEL VILL4GE CENTER PARTNERS LP TRACT
LARKIN H. CHIVERS SURVEY, ABSTRACT Na 300
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
DESCRIPTION
BEING o 0.0358 acre tract of land situated in the Larkin H.
Chivers Survey. Abstract No. 300, in the City of Southloke,
Torront County, Texos,ond being o portion of Lot 4, Block A-
80 of Peck Addition, on addition to the City of Southloke,
Texas according to the plot thereof recorded in Volume 388-
137, Page 61 of the Plot Records of Tarrant County, Texas
(P.R.T.C.T.), said Lot 4. Block A -80 being a portion of o
colled 4.190 ocre tract conveyed to White Chopel Villoge
Center Partners LP according to the General Warranty Deed as
recorded in Instrument No. 0205378678 of the Deed Records of
Torront 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 plostic cap stomped "PATE
ENGR RPLS' found in the east right —of —way line of N. White
Chapel Boulevard (variable width right —of —way) for the
common southwest corner of Lot 5, Block A -80 of the
aforementioned Peck Addition, said Lot 5, Block A -80 being a
portion of the aforementioned called 4.190 acre tract
conveyed to White Chapel Villoge Center Partners LP, and the
northwest corner of Lot 6, Block A -80 of soil Peck Addition,
said Lot 6, Block A -80 being all of a called 1.887 acre
tract conveyed to White Chapel Village Center Partners LP
according to the General Warranty Deed as recorded in
Instrument No. 0205378677, D.R.T.C.T.;
THENCE N 00'37'06" W (plat —N 01'50' W), with said east right —
of —way line of N. White Chapel Boulevard and the west line
of said Lot 5, Block A -80, 135.42 feet (plot- 135.60 feet) to
the common northwest corner of said Lot 5, Block A -80 and
the southwest corner of Lot 4, Block A -80 of said Peck
Addition, soid Lot 4, Block A -80 being a portion of the
aforementioned colled 4.190 ocre tract conveyed to White
Chapel Villoge Center Partners LP, said common corner being
the POINT OF BEGINNING;
THENCE N 00'37'06" W (plat —N 01'50' w), continuing with said
east right — of—way line of N. White Chapel Boulevord and with
the west line of said Lot 4, Block A -80, 95.04 feet (plot -
94.91 feet) to a 1/2" iron rod found the common northwest
corner of said Lot 4, Block A -80 and the southwest corner of
Lot 2 —R, Block A -80 of Lot 2 —R, Block A -80, Peck Addition,
an addition to the City of Southloke, Texas according to the
plot thereof recorded in Volume 388 -178, Page 50,
P.R.T.C.T., sold Lot 2 —R, Block A -80 being a portion of said
called 4.190 acre troct conveyed to White Chapel Villoge
Center Partners LP;
NATHAN D. MAZER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
-.\ D V TBPE FIRM REG. N0. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 1 001 89 -00 OCTOBER 25, 2012
Two Pork Lone Place / 8080 Pork Lone / Suite 600 08 -10 -075.8
Dallas, Texas 75231 / Ph. (214) 739 -4741 8076— P30— TCE2.dwg
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
0.0358 ACRES/1,561 SQ. FT. PARCEL
A PORTION OF THE WHITE CHIPS- VILLAGE CENTER PARTNERS LP TRACT
LARKIN H. CH /VERS SURVEY, ABSTRACT NO. 300
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
THENCE S 88'50'19" E (plot —S 89'56'29" W), departing said
east right —of —way line of N. White Chapel Boulevard and with
the common north line of said Lot 4, Block A -80 and the
south line of said Lot 2 —R, Block A -80, 21.93 feet to the
beginning of a non — tongent curve to the right having a
centrol angle of 04'59'48 ", a rodius of 1095.00 feet, o
tongent length of 47.78 feet and a chord which bears
S 06'49'49" W, 95.46 feet;
THENCE, departing the common north line of said Lot 4, Block
A-80 and the south line of said Lot 2 —R, Block A -80 and with
said non — tangent curve to the right, an arc distance of
95.50 feet to the common south line of soid Lot 4, Block A-
80 and the north line of the aforementioned Lot 5, Block A-
80;
THENCE N 88'50'21" W (plot —S 89'56'29" W), with the common
south line of said Lot 4, Block A -80 and the north line ofk
said Lot 5, Block A -80, passing at 9.17 feet a found 1/2"
iron rod with plastic cop stomped "VOGT 1928 ", and
continuing a total distance of 9.55 feet to the POINT OF
BEGINNING and containing 0.0358 acres or 1,561 square feet
of lond, more or less.
FOR NATHAN D. MAIER CONSULTING ENGINEERS, !NC- �ik G
'# ;� JOHN L. MELTON >j
L. Melton, R.P.L.S. No. 4268
"egistered Professionol Land Surveyor '8 #4268
� +bESSt�.
. .4,
NOTES:
Bearings for this survey ore based on the Western Dot°
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 was performed without the benefit of o 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 owore of. No
additional research for easements was performed by Nothon D.
Maier Consulting Engineers, Inc. in the preporotion of this
survey.
NATHAN O. MAIER CONSULTING ENGINEERS, INC. PAGE 2 OF 3
,„,\ ID V TBPE FIRM REG. N0. F -356 REVISED: JANUARY 7, 2D13
TBPLS FIRM REG. N0. 100189 -00 OCTOBER 25, 2012
Two Pork Lane Place / 8080 Pork Lone / Suite 600 08- 10 -076.B
Dollar, Texas 75231 / Ph. (214) 739 -4741 8076— P30— TCE2.dwg
EXHIBIT "A
TEMPORARY CONSTRUCTION EASEMENT
0.0358 ACRES /1,561 SQ. FT. PARCEL
A POR77ON OF THE WHITE CHAPEL VILLAGE CENTER PARTNERS LP TRACT
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
1I
Lor 73 -R2 LOT 13 -R1 1 a1 R ABBREV7A 170N LEGEND
I :': 1
— — J — 1 ' 1 ,,,,,....1
3 D.R. T. T DEED RECORDS OF TARRANT
24' PRIVATE STREET (,i,- MON ACCESS, ih ' COUNTY TEXAS .
� O.P.R. T.C. T. OFfTLYAL PUBLIC RECORDS 01c
UT1L., ORO:, EMERGENC ACCESS £SMT.) j - i dp 14457E CHAPEL 6LLAGE TARRANT COUNTY, TEXAS
.t" r — — — \ \ _ ^ c CENTER PARTNERS LP P.R. EC. T. PLAT RECORDS OF TARRANT
1 L _ _ -,- — — — N x F? . w `. TNST. NO 0205293665 COUNTY, TEXAS
— i- CONC. Q O D.R 1(1 T. CAB SLIDE CABINET, SLIDE
2 CALLED 2831 ACRES RNET. NO. IIYSTRUAIENT NUMBER
15 S.S. ESMT (31.f.; LOT 1, BLOCK A PG CENTEITLNtE Lo
24' PRIVATE STREET (C1 MON ACCESS / `t ADDITION MIT. EASEMENT
VOL. 388 -137 PC. 61
PL., DRG, EMERGENC ACCESS ESMJ y _ P,R T. C T. R o' W. RIGHT-OF-WAY
• .� SQ FT. SQUARE FEET
LOTS 13R -7, 73R -2, 13R -3 IPF IRON FOUND
13R - AND 138-5, IRS W /CAP IRCAV ROD SET WTH PLASTIC
T.M. HOOD SLID ADDITION
CAR A, SLIDE 10509 STAMPED "1X REG NO
P.R. T.c. T. 100189-00 -
LOT 13 -R4 LOT 13 -R5 t ,• Ile O
5' UTILITY ESMT
1/2" (. 1 /1-WF Si(IRVE 1 WHITE CHAPEL 49LLAGE CENTER PARTNERS LP
(B` "') X04"59'48' INST. p . R 0 T 78678
RuCcK TRUSTEES AND 2ENA or THE R =1095.00, PORTION of CALLED 4.190 ACRES
KU M W. AND 2ENA T= 47.78' LOT 2 -R BLOCK A -80
ROCKER FAMILY TRUST, LOT 2 -R, BLOCK A -80. PECK ADDITION
DATED: NOVEMBER 19, 1996 ' IRX. 388 -178, PG 50
0 1° 4 1 VOL. 12591. PG 2263 1 � P.R. T,CT.
Z � 0 0° 0 1
11 D.R.T,CT, CB=S 0649'49* W
90
1E� E C ALLED (1495 ACRES ,
0.- ko a t 0,:c.5 o , //2' Cx =95:46
cfc 51. 0- I. • S 8156'29' w)
,
0-01' 1 �_ S 8 PLAT 8 '5019 0.41.93
G t/ IRE 0.0358 ACRES WHITE CHAPEL IIUAGE CENTER PARTNERS LP
01561 SQ FT) (NST NQ 0205378678
PL N AT - OT W-94.90 �f � `' l ' PQ47TDN of CALLED 8 4
4.190 ACRES
N f '37'06 10% I V
LOT 4, BLOCK A -80
/�
[- ECK ADDITION
BARRY M. met AND
PANT O 1I VOL . 388-737, P. R.T C. PG. 61
TONYA B. McCOY BEGINNING o. (PLAT -S 8962g," •
MST. NQ D202000068 to N N 88'50 21 V W
D.R.T.C.T. ' *war CHAPEL MLLACE CENTER PARTNERS LP
t 9 INST NO. 0205.378678
1RP D.R. T.C.T.
s/vocT 1928 CAP PORTION OF CALLED 4,190 ACRES
o LOT 5, BLOCK A -80
PECK ADDITION
_ ? g VO.. 388 -137, PG 61
r.
45 1/2 - IRE 1/2 1RF a F.R. T.C. L
�� PD/NT DE
, , + 1 COMMENCING WHITE CHAPEL WLLAGE CENTER PARTNERS LP
Argill ��1� k MY OF SOU7HL6KE 5/e 1ST INST. No. 0205378677
5457. NO. 0199076920 w A1[ OCR FR45 CAP D.R. T.0 T.
j D.R. T.0 T.
CALLED 1.0 ACRES 1 CALLED 1.887 ACRES
LOT 6, BLOCK A -80
N C) R T H 1 VOL. 137 Pc 61
SCALE :: 1 ° =100' P.R. rc. r.
)
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 3 OF 3
TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7. 2013
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 25. 2012
Two Park Lone Place / 8080 Pork Lone / Suite 600 08 -10 -076.8
Dallas, Texas 75231 / Ph. (214) 739 -4741
p V,,w,..■.,wwww, I
8076- P3O- TCE2.dwg
TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Being the owner of the herein - described property, the WHITE CHAPEL VILLAGE CENTER
PARTNERS, LP ( "Owner ") hereby grant to the City of Southlake, Texas (the "City"), and to the City's
Contractors, a temporary construction easement through a portion of a tract of land conveyed for the
purpose of constructing necessary roadway facilities.
The temporary construction easement shall be of variable width and shall be east of, adjacent to
and parallel to the Permanent Right -of -Way Line shown on Exhibit "A" attached hereto.
It is understood that during construction the Contractors will of necessity require the temporary
construction easement to accommodate movement of equipment for handling and placement of piping
and supplies, but only as may be necessary, and in no case shall the Contractor permit equipment to
become in contact with, or damage existing buildings or other permanent lot improvements. It is further
understood that the Contractor shall he required by the City to restore all areas of the lot, relative to
fencing, structures, and other improvements to pre - existing conditions, or better. During such restoration,
the Contractor shall slope the surface of the temporary construction easement to provide a gradual
transition between the roadway and the remainder of the Owner's property.
This Temporary Construction Easement is subject to the following additional terms and
conditions:
a. The easement shall commence on the date the City issues a Notice to Proceed to the
construction Contractor for the Highland St. to SH 114 for an initial term of twenty four (24) months.
b. The easement shall terminate on the earlier to occur of (i) final acceptance by the City of
the Contractors' work or (ii) the completion of the improvements on subject parcel(s).
c. The City MAY extend this Temporary Construction Easement twice for twenty four (24)
month increments in return for $7,825 paid by the City per twenty four month period to WHITE
CHAPEL VILLAGE CENTER PARTNERS, LP, provided such payment is received before expiration
of the prior term.
Temporary Construction Easement, Permission and Access granted this 12 day of
itha , 2013.
By: All///
• ' DeROS , Man : ger of,
White Chapel Village Center Partners, LP
Page 1
ACKNOWLEDGEMENT
THE STATE OF S d aR.1et §
COUNTY OF TARRANT 1 4( 1 1 441 tt §
BEFOFT ME the undersigned authority, in and for the State of Pexas, on this day personally
appeared kn own to me, or proved to me through »r oe ms's Lk. to (describe the
identity card or other document), to be the same person whose name is subscribed to the foregoing
document and acknowledged to me that he executed the same for the purposes and consideration therein
expressed and in the capacity stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12 day of t)04 w 2013.
£.• n
_. M()L a xC,)N Notary Publ , Stat:TofTcxas Ce�ogc�
NC ;-;Y PUBLIC I
STATE OF COLORADO 11OIk D1W(\
SEAL NOTARY ID 20134034377 Name g f �lotary Printed
MY COMMISSION EXPIRES MAY 31, 2017
Not t � � for
Commission Expires
Page 2
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
0.1018 ACRES /4 436 SQ. FT PARCEL
A PORTION OF THE WHITE CHAPEL VILLAGE CENTER PARTNERS LP TRACT -
LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
DESCRIPTION
BEING a 0.1018 acre tract of land situoted in the Larkin H.
Chivers Survey, Abstract No. 300, in the City of Southloke,
Tarrant County, Texas, and being a portion of Lot 2 —R, Block
A -80 of Lot 2 —R, Block A -80, Peck Addition, on addition to
the City of Southloke, Texos according to the plot thereof
recorded in Volume 388 -178, Page 50 of the Plot Records of
Tarrant County, Texos (P.R.T.C.T.), soid Lot 2 —R, Block A -80
being a portion of o coiled 4.190 acre tract conveyed to
White Chapel Village Center Partners LP according to the
General Warranty Deed os recorded in Instrument No.
D205378678 of the Deed Records of Torront County, Texos
( D.R.T.C.T.), and being more particularly described by metes
and bounds os follows:
COMMENCING at o 5/8" iron rod with plastic cop stomped "PATE
ENGR RPLS" found in the east right —of —way line of N. White
Chapel Boulevard (variable width right —of —way) for the
common southwest corner of Lot 5, Block A -80 of Peck
Addition, an addition to the City of Southloke, Texos
occording to the plot thereof recorded in Volume 388 -137,
Page 61, P.R.T.C.T., said Lot 5, Block A -80 being o portion
of the aforementioned called 4.190 acre tract conveyed to
White Chapel Village Center Partners LP, and the northwest
corner of Lot 6, Block A -80 of sold Peck Addition, said Lot
6, Block A -80 being all of o called 1.887 ocre tract
conveyed to White Chapel Village Center Partners LP
occording to the General Warranty Deed as recorded in
Instrument No. D205378677, D.R.T.C.T.;
THENCE N 00'37'06" W (plot —N 01'50' W), with said east right —
of—woy line of N. White Chapel Boulevard and the west line
of said Lot 5, Block A -80, passing at 135.42 feet the
common northwest corner of said Lot 5, Block A-80 and the
southwest corner of Lot 4, Block A -80 of sold Peck Addition,
said Lot 4, Block A -80 being o portion of said coiled 4.190
ocre tract conveyed to White Chapel Village Center Partners
LP, from whence o found 1/2" iron rod with plastic cop
stomped "VOGT 1928" bears S 88'50'21" E, 0.38 feet, and
continuing with said east right—of—way line of N. White
Chapel Boulevard and the west line of said Lot 4, Block A -80
o total distance of 230.46 feet to a 1/2" iron rod found for
the common northwest corner of said Lot 4, Block A - 80 and
the southwest corner of the aforementioned Lot 2 —R, Block A-
80, sold common corner being the POINT OF BEGINNING;
THENCE N 00'37'06" W (plot —N 01'50' W), continuing with said
east right — of — way line of N. White Chapel Boulevard and with
the west line of said Lot 2 —R, Block A -80, 190.20 feet (plat -
190.09 feet) to the common northwest corner of said Lot 2 —R,
Block A -80 and the southwest corner of Lot 1, Block A -80 of
the aforementioned Peck Addition recorded in Volume 388 -137,
Page 61, P.R.T.C.T., said Lot 1, Block A -80 being all of o
called 2.831 acre tract conveyed to White Chapel Village
Center Partners LP according to the General Warranty Deed as
recorded in Instrument No. 0205293665, D.R.T.C.T., from
whence a found 1/2" iron rod bears S 42'25'55" W. 1.01 feet;
NATHAN D. MAIER CONSULTING ENGINEERS, INC. PAGE 1 OF 3
TBPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 29, 2012
Two Pork Lane Place / 8080 Pork Lane / Suite 600
Dollos, Texas 75231 / Ph. (214) 739 -4741 08 -10 -076.8
2\11 V
8076— P30— TCE3.dwg
EXHIBIT "A"
TEMPORARY CONSTRUCTION EASEMENT
0.1018 ACRES /4, 436 SO. FT PARCEL
A PORTION OF THE WHITE CHAPEL VILLAGE CENTER PARTNERS LP TRACT
L4RKIN H. CHIVERS SURVEY, ABSTRACT NO. 300
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
THENCE S 88'50'15" E (plat —N 89'56'29" E), deporting said
east right —of —way line of N. White Chapel Boulevard and with
the common north line of said Lot 2 —R, Block A -80 and the
south line of said Lot 1, Block A -80, 24.01 feet;
THENCE S 00'37'06" E, deporting the common north line of
said Lot 2 —R, Block A -80 and the south line of said Lot 1,
Block A -80, 95.65 feet to the beginning of o tangent curve
to the right having a central ongle of 04'57'21 ", o radius
of 1093.00 feet, o tangent of 47.30 feet and o chord which
bears S 01'51'35" W, 94.51 feet;
THENCE, with said tangent curve to the right, an arc
distance of 94.54 feet to the common south line of said Lot
2 —R, Block A -80 and the north line of the aforementioned Lot
4, Block A -80;
THENCE N 88'50'19" W (plat —S 89'56'29" W), with the common
south line of soid Lot 2 —R, Block A -80 and the north line of
said Lot 4, Block A -80, 19.92 feet the POINT OF BEGINNING
and containing 0.1018 acres or 4,436 square feet of land,
more or less.
OF
FOR NATHA D. MAIER CONSULTING ENGINEERS, INC. A g, S �
fi #04-
Jo."' - e l t o R.P.L.S. No. 4268 JO" , L. ''ELTON
- egistered Professional Land Surveyor 9 #4268 Q:Q•
sa .
u ,
NOTES: ♦_�`.: %''
Bearings tor this survey are bored 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 os
base stations during GPS data collection sessions.
This survey was performed without the benefit of o title
commitment and may be subject to liens, encumbrances,
easements, rights —of —way, restrictions, covenants,
reservotions 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. N0. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189 -00 OCTOBER 29, 2072
Two Park Lane Place / 8080 Park Lone / Suite 600 08 -10 -076.8
Dallas, Texas 75231 / Ph. (214) 739 -4741 8076— P30— TCE3.dwg
EXHIBIT 'A"
TEMPORARY CONSTRUC77ON EASEMENT
0.1018 ACRES/4,4.56 SQ. F1 PARCEL
A PORTION OF THE WHITE CHAPEL I4LLAGE CENTER PARTNERS LP TRACT
LARK/N H. CHI VERS SURVEY, ABSTRACT NO. 300
CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS
LOT 13 -R2 LOT 73-87 p
S
LOTS 138 -1, 13R -2 138 -3. 6.1 ABBREVIATION LEGEND
.1
t3R -4 AND 13R -5, D.R.T.C,T. DECO RECORDS O< TARRANT
TM, HOOD /706 ADDITON Ln COUNTY, TEXAS
CA& A, SLIDE 10509 w 3
\ P.R. T.0 7: (41 v o PM CHAPEL VILLAGE O.P.R. T.C. T. OFFICIAL PUBLIC RECORDS OF
•-•.. �� CENTER PARTNERS LP TARRANT COUNTY, TEXAS
p4' PRIVATE STREET (COMMON ACCESS, n vii
a INST. NO 0205293665 P.R. T. T. PLAT RECORDS OF TARRANT
UTTL., ORG., EMERGENCY ACCESS ESMT.)\ QD D.R.T.CT COUNTY TEXAS
^ I ``��►► s CALLED Z 831 ACRES CAB., SLIDE CABINET. SLIDE
388 -137, PG 61 ESMAOD
' 1 , ` L 'X' FND. IN NUMBER
VOL, OL, PC. VOLUME, PAGE
L — — 1 — — — 7 — — -i — — — m CDT f, BtocITJEW C.L. CENTERLINE
5' W.L. -5.'.AF. { q PECK ADDITION 1- �-+� = t - - .. --=-= -� �- 8'' I - � i t VOL. T. EASEMENT
15' S . S ESA/T I P.R.T.CT
R.O.W RICHT - -OF -WAY
�� � �"�++�� SG FT. SOUARE FEET
24' PRIVATE STREET (CARLON ACCESS, / S IRF IRON ROO FOUND
TIL., DRG., EMERGENCY ACCESS ESMIL s IPF IRON PIPE FOUND
/ !RS W /CAP PLASTIC
CAP STAMPED IX REG NO
LOT 13 -95 100189 -00'
LOT 73 -R4 'LA 88'5015 El
S E
FROM COMMON K W - -
Or LOT 2-9 & S.M.' CORNER 24.01'
OF LOT I..4 1/2 IRF HEARS
5 42'25'55' W, 1.01'
5' UTILITY ESMT. O ` S 00'37'06" E
VI" NW 1/2• N 95.65 ' 14400 CHAPEL VILLAGE CENTER PARTNERS LP
(MENU o(Q INST. Na. 0205378678
NYLLIAM 1 RUCKER AND 2ENA 0, / 1018 ACRES T
PORTION OF CALLED 4.190 ACRES
RUCKER, TRUSTEES OF THE i � S 4,436 so. F7-.) R W. AND &NA A=0457'21" LOT 2- R. AA -80 PECK ADDITION
LOT BLOCK 0. .
RUCK FAMILY TRUST
DATED: NOVEMBER 19. 1996 .� / R =1093.00' VO 388-178, PG 50
qt 3 6 3 VOL 12591, PG. 2263 0
11 1 *' 3.R..T.CT. 2` T=47.30'
�� f _ A 1 CALLED 0.495 ACRES ' L=94.54'
0r. „; L =94
or-.0. ¢ s C- des 1,07- o CB =S 01'51'35" W 140.
v� F ° ►o ' ' r• z A a=94.51' E �
T µL 1/2 ,RF
O (PLAT -S 8962 W WHITE CHAPEL VILLAGE CENTER PARTNERS LP
POINT OF N 8850 19 W INST. N0. D205378678
D.R. T.0 T.
BEGIN 19.92' PORTON OF CALLED 4.190 ACRES
TIT " a LOT 4, BLOCK A -80
r PECK ADDITION
N VOL. 388 -137, PG. 61
BARRY AL MCCOY ° n q P.R T.C. T.
TONYA 8. McCOY o 3 -W t7 ivoc 1928 CAP -
INST. N0. 0202000068 HEARS S 07Y 7 238'
O.k T.C.T. 2 g w1I16 CHAL VRIACE CENTER PARTNERS LP 71152. 110 0205378678 Qi ,...LL. . D.R. T, C L °o a PORIION Ott CALLED 4.190 ACRES Z LOT 5, BLOCK A -80 P009 ALTOI7711
vOL, 388 -137, PG 61 ��ol /per JRF 1/2" IRF P.R. T.CT. do „i ��,i \� CITY AND SOUTNLAKE PT DF Mf117E CHAPEL PE NLtACf CENFER PARTNERS LP 1 f i INS NO.. 0199076910 OMNCING MIST. / 0205378677
rrr D.R.T.CT. 5/8•79F CALLED 1.887 ACRES
CALLED 1.0 ACRES w/PATE ENCR RPLS CAP
NORTH LOT 6, BLOCK A-80 PECK A001T7011
SCALE: 1 w = 100' VOL. 388 -137, PG 61
PR.T.CT.
PAGE 3 OF' 3
NATHAN D. MAIER CONSULTING ENGINEERS, INC.
AM
\D V TRPE FIRM REG. NO. F -356 REVISED: JANUARY 7, 2013
TBPLS FIRM REG. NO. 100189 -00
OCTOBER 29, 2012
08-10-076.8
Two Pork Lone Ploce / 8080 Pork Lone / Suite 600
Dallas, Texas 75231 / Ph. (214) 739 -4741
8076— P30— TCE3.dwg
■
SHADDOCK & ASSOCIATES, P.C.
2400 N. Dallas Parkway, Suite 560
Plano, Texas 75093
972 - 526 -7642
ATTORNEY REPRESENTATION NOTICE
GF# 13- 159285 -SB DATE: November 05, 2013
SELLER: White Chapel Village Center Partners, L.P., a Colorado limited partnership
PURCHASER: City of Southlake
PROPERTY: See Exhibits "A" in file scan for Parcel 25 Right of Way and Parcel 25 -SE
Slope Easement and Parcels 35 & 36 Temporay Construction Easements
The undersigned does hereby employ the law Office(s) of SHADDOCK & ASSOCIATES, P.C.,
for the limited and specific purposes of document preparation. This preparation includes but is
not limited to the preparation of Deeds, Deeds of Trusts, Mortgages, Promissory Notes, Releases
and any other documents that are required and necessary in the closing of any real estate
transactions. These transactions include, but are not limited to, sales, exchanges, purchases,
refinances or loan of or on real property described above in said legal and GF Number.
Any and all language regarding the conveyance or reservation of the minerals in the documents
prepared by SHADDOCK & ASSOCIATES, P.C.reflects the written instruction and request of
the parties to the transaction and Capital Title of Texas, LLC. The law offices of SHADDOCK &
ASSOCIATES, P.C.have not rendered an opinion regarding the use of this language.
The undersigned understands and agrees that the documents prepared by the law office of
SHADDOCK & ASSOCIATES, P.C. were prepared in accordance with the instructions of the
lender, if any, and of the parties to this transaction. No representations have been made by the
law offices of SHADDOCK & ASSOCIATES, P.C. as to the legal effects or tax consequences of
these documents or of the transaction described in the above referenced file. No representations
have been made as to whether the transaction described in the above referenced file complies
with the usury laws or of any other laws of the United States or any other state having
jurisdiction over this transaction. If one or more of the parties has requested on the use of a
format other than the one customarily used by SHADDOCK & ASSOCIATES, P.C., said party
or parties undertake the responsibility and liability that the document will meet statutory
guidelines.
Disclaimer of representation or warranty: The undersigned understands that the law offices of
SHADDOCK & ASSOCIATES, P.C. has not conducted a title search on the property and makes
no representation or warranty about condition of title, access to the property, or any other matters
that might be revealed from an examination of title by the undersigned of the property itself or
that might be revealed through a survey of the property. The undersigned is cautioned to make
sure the deed to the buyer conveys the specific property the buyer has contracted to purchase.
It is understood and agreed by the undersigned that the law offices of SHADDOCK &
ASSOCIATES, P.C. are not employed for legal representation generally, or for any purpose in
connection with the transaction described in the above referenced file other than the preparation
of documents as stated above. The undersigned acknowledge that they have read, understood and
hereby approve the documents as prepared, and consent to the multiple representation above.
The undersigned hereby agree that no attorney /client privilege or relationship exists between
them and the law offices of SHADDOCK & ASSOCIATES, P.C.beyond the preparation of the
above described documents.
Please return ORIGINAL Attorney Representation Notice with invoice.
The City of Southlake White Chapel Village Center Partners, L.P.
a Colorado limited partnership
By:
Name: By: White Chapel Partners, LLC
Title: a Colorado limited liability company
its gel -r.1 •artner
By:
Mark DeRose, Manager
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 Southlake White Chapel Village Center Partners, L.P.
a Colorado limited partnership
By: � f1, 4:'
Name: k C.. rre,(( By: White Chapel Partners, LLC
Title: p ( a Colorado limited liability company
its general partner
By:
Mark DeRose, Manager
Order No. 13- 159285 -SB
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
NOTICE TO PARTIES
(Pursuant to 24CFR3500, Appendix "D °)
To: Buyer /Borrower. City of Southlake
1400 Main Street, Suite 320
Southlake, TX 76092
Seller. White Chapel Village Center Partners, L.P., a Colorado limited partnership
8231 E Prentice Ave
Greenwood Village, CO 80111
•
From: Capital Title of Texas, LLC
Property: Tract 1 —Fee Simple
BEING a 0.1049 acre tract of land situated in the Larkin A. Chivers Survey, Abstract No. 300, in
the City of Southlake, Tarrant County, Texas and being a portion 'Lot 6, Block A -80, Peck
Addition, an addition to the City of Southlake, Texas, according to the plat thereof recorded in
Volume 388 -137, Page .61, Plat Records of Tarrant County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 518" iron rod with plastic cap stamped "PATE RPLS 564T' found tor the
southwest corner of said Lot 6, said found iron rod being at the intersection of the east right of
way line of N. White Chapel Boulevard (variable width right of way) and the north right of way
line of E. Highland Street (variable width right of way);
THENCE N 00 "37'06" W (deed- N 00 °37'40" W), with the west line of said Lot 6 and the east
line of said N. White Chapel Boulevard, a distance of 73.68 teet to a 1/2" iron rod with plastic
cqp stamped "TX REG NO 100189 -00" set for comer;
THENCE S 31°48'00" E, departing the west line of said Ldt 6 and the east line of said N. White
Chapel Boulevard, a distance of 34.84 feet to a 1/2" iron rod with plastic cap stamped 'TX REG
NO 100189 -00" set for corner, said iron rod being the beginning of a tangent curve to the left
having a central angle of 50'50'18", a radius of 67.50 feet, a tangent length of 32.08 feet, a
chord bearing of S 57 °13'09" E and a chord length of 57.95 feet;
THENCE along said tangent curve to the left an arc distance of 59.89 feet to a 1/2" iron rod
with plastic cap stamped 'TX REG NO 100189 -00" set for comer,
THENCE S 82 °38'18" E, a distance of 39.02 teet to a 1/2" iron rod with plastic cap stamped
"TX REG NO 100189 -00" set for corner;
THENCE S 87 °44'49" E, a distance of 248.49 feet to a 1/2" iron rod with plastic cap stamped
"TX REG NO 100189 -00" set for comer,
THENCE S 01 °54'05" W, a distance of 5.29 feet to a 1/2" Iron rod with plastic cap stamped 'TX
REG NO 100189-00" set for comer in the north right of way line of the aforementioned E.
Highland Street;
THENCE N 88 °48'18' W (deed- N 89 °49'23" W), along the north right of way line of said E.
Highland Street, a distance of 353.19 feet to the POINT OF BEGINNING and containing
0.1049 acres or 4,571 square feet of land, more or less.
Tract 2— Easement Estate
BEING a 0.0896 acre tract of land situated in the Larkin H. Chivers Survey, Abstract No. 300, in
the City of Southlake, Tarrant County, Texas, and being a portion of Lot 6, Block A-80 of Peck
Addition, an addition to the City of Southlake, Texas according to the plat thereof recorded in
Volume 388 -137, Page 61 of the Plot Records of Tarrant County, Texas, said Lot 6, Block A -80
being all of a called 1.887 acre tract conveyed to White Chapel Village Center Partners LP
according to the General Warranty Deed as recorded in Instrument No. D205378677 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 stomped "PATE RPLS 5647" found for the
southwest corner of the aforementioned Lot 6, Block A -80, said comer being at the intersection
of the east right -of -way I ine of N. White Chapel Boulevard (variable width right -ot -way) and the
north right -of -way line of E. Highland Street (variable width right -of -way);
Affiliated Business Disclosure — United Tax Service Page 1 of 4 Rev. 06/03
THENCE N 00 °3T06" W (plat -N 01°50' W), with said east right -of -way line of N. White Chapel
Boulevard and the west line of said Lot 6, Block A-80, 73.68 feet to a 1 /2" iron rod with plastic
cap stamped "TX REG NO 100189 -00' set for comer at the POINT OF BEGINNING;
THENCE N 00 °3T06" W (plat -N 01 °50' W), continuing with said east right -of -way line of N.
White Chapel Boulevard and the west line at said Lot 6, Block A-80, 50.27 feet, from whence a
5/8" iron rod with plastic cap stamped "PATE ENGR RPLS" found for the common northwest
corner of said Lot 6, Block A-80 and the southwest corner of Lot 5, Block A -80 of said Peck
Addition bears N 00 °37'06" W (plat -N 01°50' W), 64.85 feet, said lot 5, Block A - 80 being a
portion of a called 4.190 acre tract conveyed to White Chapel Village Center Partners LP
according to the General Warranty Deed as
•
recorded in Instrument No. D205378678, D.R.T.C.T.;
THENCE S 31 °48'00" E, departing said east right -of -way line of N. White Chapel Boulevard
and the west line of said Lot 6, Block A -B0, 99.73 feet;
THENCE S 76 °56'43" E. 87.26 feet;
THENCE S 00 °54'55" W, 13.01 feet~
THENCE N 87 °44'49" W, 31.05 feet too 1/2" iron rod with plastic cap stamped 'TX REG NO
100189 -00" set for comer,
THENCE N 82 °38'18" W, 39.02 feet to a 1/2" iron rod with plastic cap stamped 'TX REG NO
100189 -00" set for corner at the beginning of a tangent curve to the right having a central angle
of 50 °50'18 ", a radius of 67.50 teet, a tangent length of 32.08 teet and a chord which bears N
57 °13'09" W, 57.95 feet;
THENCE, with said tangent curve to the right, an arc distance of 59.89 teet to a 1/2" iron rod
with plastic cap stamped "TX REG NO 100189 -00" set for comer,
THENCE N 31 °48'00" W, 34.84 feet to the POINT OF BEGINNING and containing 0.0896
acres or 3,901 square feet of land, more or less.
TRACT 3 (EASEMENT)
BEING a 0.0358 acre tract of land situated in the Larkin H. Chivers Survey, Abstract No. 300, in
the City of Southlake, Tarrant County Texas,and being a portion of Lot 4, Block A -80 of Peck
Addition, an addition to the City of Southlake, Texas according to the plat thereof recorded in
Volume 388 -137, Page 61 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), said Lot
4, Block A -80 being a portion of a called 4.190 acre tract conveyed to White Chapel Village
Center Partners LP according to the General Warranty Deed as recorded in Instrument No.
D205378678 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 "PATE ENGR RPLS" found in the
east right -of -way line of N. White Chapel Boulevard (variable width right -of -way) for the
common southwest corner of Lot 5, Block A -80 of the aforementioned Peck Addition, said Lot
5, Block A -80 being a portion of the aforementioned called 4.190 acre tract conveyed to White
Chapel Village Center Partners LP, and the northwest corner of Lot 6, Block A -80 of said Peck
Addition, said Lot 6, Block A -80 being all of a called 1.887 acre tract conveyed to White Chapel
Village Center Partners LP according to the General Warranty Deed as recorded in Instrument
No. D205378677, D.R.T.C.T.;
THENCE N 00° 37' 06" W (plat -N 01° 50' W), with said east right -of -way line of N. White
Chapel Boulevard and the west line of said Lot 5, Block A -80, 135.42 feet (plat- 135.60 feet) to
the common northwest comer of said Lot 5, Block A -80 and the southwest corner of Lot 4,
Block A -80 of said Peck Addition, said Lot 4, Block A -80 being a portion of the aforementioned
called 4.190 acre tract conveyed to White Chapel Village Center Partners LP, said common
comer being the POINT OF BEGINNING;
THENCE N 00° 37' 06" W (plat -N 01° 50' W), continuing with said east right -of -way line of N.
White Chapel Boulevard and with the west line of said. Lot 4, Block A-80, 95.04 feet (plat- 94.91
feet) to a 1/2" iron rod found the common northwest comer of said Lot 4, Block A -80 and the
southwest comer of Lot 2 -R, Block A -80 of Lot 2 -R, Block A -80, Peck Addition, an addition to
the City of Southlake, Texas according to the
plat thereof recorded in Volume 388 -178, Page 50, P.R.T.C.T., said Lot 2 -R, Block A -80 being
a portion of said called 4.190 acre tract conveyed to White Chapel Village Center Partners LP;
THENCE S 88° 50' 19" E (plat -S 89° 56' 29" W), departing said east right -of -way line of N.
White Chapel Boulevard and with the corrmon north line of said Lot 4, Block A -80 and the
south line of said Lot 2 -R, Block A -80, 21.93 feet to the beginning of a non - tangent curve to the
right having a
central angle of 04° 59' 48 ", a radius of 1095.00 feet, a tangent length of 47.78 feet and a chord
which bears S 06° 49' 49" W, 95.46 feet
THENCE, departing the common north line of said Lot 4, Block A -80 and the south line of said
Lot 2 -R, Block A -80 and with said non - tangent curve to the right, on arc distance of 95.50 feet
to the common south line of said Lot 4, Block A- B0 and the north Tine of the aforementioned
Lot 5, Block A -80;
THENCE N 88° 50' 21" W (plat -S 89° 56' 29" W), with the common south line of said Lot 4,
Block A -80 and the north line of said Lot 5, Block A -80, passing at 9.17 feet a found 1/2" iron
rod with plastic cap stamped "VOGT 1928 ", and continuing a total distance of 9.55 feet to the
POINT OF
BEGINNING and containing 0.0358 acres or 1,561 square feet of land, more or less.
TRACT 4 (EASEMENT)
BEING a 0.1018 acre tract of land situated in the Larkin H. Chivers Survey, Abstract No. 300, in
the City of South lake, Tarrant County, Texas, and being a portion of Lot 2 -R, Block A -80 of Lot
2 -R, Block A -80, Peck Addition, an addition to the City of Southlake, Texas according to the
plat thereof recorded in Volume 388 -178, Page 50 of the Plat Records of Tarrant County,
Texas ( P.R.T.C.T.), said Lot 2 -R, Biock A -80 being a portion of a called 4.190 acre tract
conveyed to White Chapel Village Center Partners LP according to the General Warranty Deed
as recorded in Instrument No. D205378678 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 "PATE ENGR RPLS" found in the
east right -of -way line of N. White Chapel Boulevard (variable width right -of -way) for the
common southwest corner of Lot 5, Block A -80 of Peck Addition, an addition to the City of
South lake, Texas
according to the plat thereof recorded in Volume 388 -137, Page 61, P.R.T.C.T., said Lot 5,
Block A -80 being a portion of the aforementioned called 4.190 acre tract conveyed to White
Chapel Village Center Partners LP, and the northwest corner of Lot 6, Block A -80 of said Peck
Addition, said Lot 6, Block A -80 being all of a called 1.887 acre tract conveyed to White Chapel
Village Center Partners LP according to the General Warranty Deed as recorded in Instrument
No. D205378677, D.R.T.C.T.;
THENCE N 00° 37' 06" W (plat -N 01° 50' W), with said east right -of -way line of N. White
Chapel Boulevard and the west line of said Lot 5, Block A-80, passing at 135.42 feet the
common northwest comer of said Lot 5, Biock A -B0 and the southwest corner of Lot 4, Biock
A -80 of said Peck Addition, said Lot 4, Block A -80 being a portion of said called 4.190 acre
tract conveyed to White Chapel Village Center Partners LP, from whence a found 1/2" iron rod
with plastic cap stamped "VOGT 1928" bears S 88° 50' 21" E, 0.38 feet, and continuing with
said east right -of -way line of N. White Chapel Boulevard and the west line of said Lot 4, Block
A -80 a total distance of 230.46 feet to a 1/2" iron rod found for the common northwest corner of
said Lot 4, Block A -80 and the southwest comer of the aforementioned Lot 2 -R, Block A -80,
said common corner being the POINT OF BEGINNING;
THENCE N 00° 37' 06" W (plat -N 01° 50' W), continuing with said east right -of -way line of N.
White Chapel Boulevard and with the west line of said Lot 2 -R, Block A -80, 190.20 feet (plat -
190.09 feet) to the common northwest comer of said Lot 2 -R, Block A -80 and the southwest
comer of Lot 1, Block A -80 of the aforementioned Peck Addition recorded in Volume 388 -137,
Page 61, P.R.T.C.T., said Lot 1, Block A -80 being all of a
called 2.831 acre tract conveyed to White Chapel Village Center Partners LP according to the
General Warranty Deed as recorded in Instrument No. 0205293665, D.R.T.C.T., from whence
a found 1/2" iron rod bears S 42° 25' 55" W, 1.01 feet:
THENCE S 88° 50' 15" E (plat -N 89° 56' 29" E), departing east right -of -way line of N. White
Chapel Boulevard and with the common north line of said Lot 2 -R, Block A -80 and the south
line of said Lot 1, Block A -80, 24.01 feet,
THENCE S 00° 37' 06" E, departing the common north line of said Lot 2 -R, Block A-80 and the
south line of said Lot 1, Block A -80, 95.65 feet to the beginning of a tangent curve to the right
having a central angle of 04° 57' 21 ", a radius of 1093.00 feet, a tangent of 47.30 feet and a
chord which
bears S 01° 51' 35" W, 94.51 feet;
THENCE, with said tangent curve to the right, an arc distance of 94.54 feet to the common
south line of said Lot 2 -R, Block A -80 and the north line of the aforementioned Lot 4, Block A-
80;
THENCE N 88° 50' 19" W (plat -S 89° 56' 29 " W), with the common south line at said Lot 2 -R,
Block A -80 and the north line of said Lot 4, Block A -80, 19.92 feet the POINT OF BEGINNING
and containing 0.1018 acres or 4,436 square feet of land, more or less.
Date: November 5, 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, Plano, Texas 75287, (972) 682 -2719. CTOT routinely obtains Surveys, Tax
Certificates, Insurance and e- Recording Services from United; the charge for these settlement services is
paid by the parties to the transaction; that charge is collected by CTOT at closing and paid by CTOT to
United. The owner of United is William C. Shaddock, who, in addition to being indirectly involved with
CTOT as an owner, is also its President, CEO and a Director. Because of this relationship, the referral of
business to United by CTOT may provide CTOT with a financial or other benefit.
Notice is also given that CTOT has a business relationship with First National Title Insurance Company
( "FNTI "), which is a title insurance underwriting company. The owner of CTOT is also the owner of FNTI.
Because of this relationship, the referral of business to FNTI by CTOT may provide CTOT with financial or
other benefit The premium charges made by FNTI are in accordance with the premium rates
promulgated by the Texas Department of Insurance.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are
NOT required to use the listed provider as a condition for the purchase, sale or refinance of the subject
property.
THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH
SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE
RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES,
United Tax Service, Inc. Range of Estimated charges: $ 25.00
United E- Recording, LLC Range of Estimated charges $4.00 to 10.00 per recorded document
Premier Surveying, LLC Range of Estimated charges
Cambridge Insurance Agency, LLC
Willowbend Mortgage
Capital National Financial, Inc.
Shaddock & Associates, PC
I /we have read this disclosure form and understand that CTOT is referring metus to purchase the above -
described settlement service and may receive a financial or other benefit as a result of this referral.
The City of Southlake White Chapel Village Center Partners, L.P.
a Colorado limited partnership
By:
Name: By: White Chapel Partners, LLC
Title: a Colorado limited liability company
By:
its�ger -ral ij
ar De os , Manager
Date: November 5, 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, Plano, Texas 75287, (972) 682 -2719. CTOT routinely obtains Surveys, Tax
Certificates, Insurance and e- Recording Services from United; the charge for these settlement services is
paid by the parties to the transaction; that charge is collected by CTOT at closing and paid by CTOT to
United. The owner of United is William C. Shaddock, who, in addition to being indirectly involved with
CTOT as an owner, is also its President, CEO and a Director. Because of this relationship, the referral of
business to United by CTOT may provide CTOT with a financial or other benefit.
Notice is also given that CTOT has a business relationship with First National Title Insurance Company
( "FNTI "), which is a title insurance underwriting company. The owner of CTOT is also the owner of FNTI.
Because of this relationship, the referral of business to FNTI by CTOT may provide CTOT with financial or
other benefit The premium charges made by FNTI are in accordance with the premium rates
promulgated by the Texas Department of Insurance.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are
NOT required to use the listed provider as a condition for the purchase, sale or refinance of the subject
property.
THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH
SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO Dt 1 tRMINE THAT YOU ARE
RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
United Tax Service, Inc. Range of Estimated charges: $ 25.00
United E- Recording, LLC Range of Estimated charges $4.00 to 10.00 per recorded document
Premier Surveying, LLC Range of Estimated charges
Cambridge Insurance Agency, LLC
Willowbend Mortgage
Capital National Financial, Inc.
Shaddock & Associates, PC
I /we have read this disclosure form and understand that CTOT is referring me /us to purchase the above -
described settlement service and may receive a financial or other benefit as a result of this referral.
The City of Southlake White Chapel Village Center Partners, L.P.
a Colorado limited partnership
By: C
Name: 3, C• T.e4 r.-(I By: White Chapel Partners, LLC
Title: vv‘ p! a Colorado limited liability company
�l its general partner
By
Mark DeRose, Manager
•
• Capital Title of Texas, LLC - Southlake Blvd
CapitalIdle
100 S. Village Center Drive
Southlake, TX 76092
Phone 817 - 329 -8989 Fax 817 - 329 -8282
OWNER POLICY OF TITLE INSURANCE TRANSMITTAL
November 14, 2013
City of Southlake
1400 Main Street, Suite 320
Southlake, TX 76092
RE: Order No.: 13- 159285 -SB
Buyer /Borrower(s): City of Southlake
Sellers(s): White Chapel Village Center Partners, L.P., a Colorado limited
partnership
Property Address: 1205 N White Chapel Blvd., Southlake, TX 76092
In connection with the above transaction, we enclose your Owner Policy of Title Insurance.
Your deed has been filed for record in the County Clerk's Office and it will be mailed directly to
you from that office.
It has been a pleasure to serve you. If we may assist you in the future, please let us know.
Gayle Giebelstein
Order No. 13- 159285 -SB
OTP Transmittal Page 1 of 1 Rev. 01/06
TXT11050053
FI1
OWNER'S POLICY OF TITLE INSURANCE (T -1)
NATIONAL
Issued by
llll111t1� FIRST NATIONAL TITLE INSURANCE COMPANY
*....-
MU, INSURANC 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, First National Title Insurance Company, 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.
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.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, FIRST NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of the Date of Policy shown on Schedule A.
0 01, r, v , FIRST NATIONAL TITLE INSURANCE C.UMPANY
e....,42.L4 4.2/„.
A
Authorized Countersignature 1)111111 13Y
f�riwt s r Nips, Pr d t f
ai h'
Ray , a ;s No? 'Chief Financial °tricot
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
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.
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.
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance ": the amount stated in Schedule A, as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A.
(c) "Entity ": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d) "Insured ": the Insured named in Schedule A.
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the
Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named
Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the
named Insured are both wholly -owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured
named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant ": an Insured claiming loss or damage.
(f) "Knowledge" or "Known ": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land ": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land"
does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent
that a right of access to and from the Land is insured by this policy.
(h) "Mortgage ": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means
authorized by law.
(i) "Public Records ": records established under state statutes at Date of Policy for the purpose of imparting constructive
notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk
5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States
District Court for the district where the Land is located.
(j) "Title ": the estate or interest described in Schedule A.
(k) "Unmarketable Title ": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee
of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured
retains an estate or interest in the Land, or holds an obligation secured by a purchase 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 transfer or conveyance of the
Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the
Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or (ii) in
case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and
that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by
the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy
shall be reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim
or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Company
shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is
valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its
determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the
lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the
transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons
for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall
take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or
defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium
and charges therefor, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in
the Land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect,
said policy to be in an amount equal to the current value of the Land or, if a mortgagee policy, the amount of the loan; (iv)
indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception
for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance,
adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a
condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien,
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the
• extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the
Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which
any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by this policy. The Company shall have the right to select 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 of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any
fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured
against by this policy.
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the
Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it
must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its
sole discretion, to appeal from any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the
action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever
requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in
securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii)
in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other
matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the
Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized
representative of the Company and to produce for examination, inspection and copying, at such reasonable times and
places as may be designated by the authorized representative of the Company, all records, in whatever medium
maintained, including books, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, and videos
whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested
by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a
third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in this subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company under this policy as to that claim.
(c) If the Insured demands that the Company accept a settlement offer that is not greater than the Amount of Insurance or if
the Insured expressly agrees that a settlement offer should be accepted, the Company has a right to be reimbursed if it
has timely asserted its reservation of rights and notified the Insured that it intends to seek reimbursement if it pays to settle
or defend a claim that is not covered by the policy.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and
expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of
payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy,
other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under
this policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with
any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to
the time of payment and that the Company is obligated to pay.
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations
" to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate,
including any liability or obligation to defend, prosecute or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant
who has suffered loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10 %, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses
incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of
access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have
no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition
of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of
Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an
Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to
the Insured under this policy.
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment
shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses
paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the
transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue,
compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction
or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of
insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation
rights.
14. ARBITRATION.
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.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached to 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 shall be construed as a whole.
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be
restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this 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 of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each
Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in
Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the
Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the
Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy.
16. SEVERABILITY.
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force
and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined
the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the
interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In
neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT.
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: First National Title Insurance Company, 2400 Dallas Parkway, Ste. 580, Plano, TX 75093.
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
'` OWNER'S POLICY OF TITLE INSURANCE (T -1)
101110 NATIONAL Issued by
FIRST NATIONAL TITLE INSURANCE COMPANY
°*mss
1111J, INS1IIUaN(.[' COMPANY
SCHEDULE A
Name and Address of Title Insurance Company: First National Title Insurance Company, 2400 Dallas Parkway, Ste. 560, Dallas,
TX 75093.
File No.: 13- 159285 -SB Policy No.: TXT11050053
Address for Reference only: 1205 N White Chapel Blvd., Southlake, TX 76092
Amount of Insurance: $52,875.00 Premium: $543.00
Date of Policy: November 13, 2013, at 04:01 pm
1. Name of Insured: City of Southlake, a municipal corporation of Tarrant County, Texas
2. The estate or interest in the Land that is insured by this policy is: Tract 1 - -Fee Simple
3. Title is insured as vested in: City of Southlake, a municipal corporation of Tarrant County, Texas
4. The Land referred to in this policy is described as follows:
Tract 1- -Fee Simple
BEING a 0.1049 acre tract of land situated in the Larkin A. Chivers Survey, Abstract No. 300, in the City of Southlake,
Tarrant County, Texas and being a portion Lot 6, Block A -80, Peck Addition, an addition to the City of Southlake,
Texas, according to the plat thereof recorded in Volume 388 -137, Page .61, Plat Records of Tarrant County, Texas,
and being more particularly described by metes and bounds as follows:
BEGINNING at a 518" iron rod with plastic cap stamped "PATE RPLS 5647" found tor the southwest corner of said
Lot 6, said found iron rod being at the intersection of the east right of way line of N. White Chapel Boulevard (variable
width right of way) and the north right of way line of E. Highland Street (variable width right of way);
THENCE N 00 "37'06" W (deed- N 00 °37'40" W), with the west line of said Lot 6 and the east line of said N. White
Chapel Boulevard, a distance of 73.68 teet to a 1/2" iron rod with plastic cqp stamped "TX REG NO 100189 -00" set for
corner;
THENCE S 31 °48'00" E, departing the west line of said Ldt 6 and the east line of said N. White Chapel Boulevard, a
distance of 34.84 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set for corner, said iron rod
being the beginning of a tangent curve to the lett having a central angle of 50 °'5018 ", a radius of 67.50 feet, a tangent
length of 32.08 feet, a chord bearing of S 57 °13'09" E and a chord length of 57.95 feet;
THENCE along said tangent curve to the left an arc distance of 59.89 feet to a 1/2" iron rod with plastic cap stamped
"TX REG NO 100189 -00" set for corner;
THENCE S 82 °3818" E, a distance of 39.02 teet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00"
set for corner;
THENCE S 87 °44'49" E, a distance of 248.49 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00"
set for corner;
THENCE S 01 °54'05" W, a distance of 5.29 feet to a 1/2" iron rod with plastic cap stamped "TX REG NO 100189 -00" set
for corner in the north right of way line of the aforementioned E. Highland Street;
THENCE N 88 °4818" W (deed- N 89 °49'23" W), along the north right of way line of said E. Highland Street, a distance
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
of 353.19 feet to the POINT OF BEGINNING and containing 0.1049 acres or 4,571 square feet of land, more or Tess.
•
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
'
HRST OWNER'S POLICY OF TITLE INSURANCE (T -1)
NATIONAL IN Issued by
Illlltp FIRST NATIONAL TITLE INSURANCE COMPANY
=• •- 1' I €,F. IN SUR.ANC.I COMPANY
SCHEDULE B
File No.: 13- 159285 -SB Policy No.: TXT11050053
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 the leases and easements, if any, shown in Schedule A, and the following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or
delete this exception):
Item No. 1, Schedule B, has been deleted in its entirety.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other
entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays,
gulfs or oceans, or
b. to lands beyond the line of 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 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 arise by unrecorded grant or by use.
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010
F. Rights of parties in possession.
d. Rights of tenants, as tenants only, under unrecorded leases or rental agreements.
e. The following easement(s) and /or building line(s) affecting the subject property as shown on Map or Plat
recorded in Volume 388 -137, Page 61, Map or Plat Records, Tarrant County, Texas:
30 foot building line along the Southerly and Westerly property line.
f. Airport Zoning Ordinance No. 71 -100 for -Fort Worth International Airport recorded in 7349/1106, Real
Property Records, Tarrant County, Texas.
FORM T -1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 2/1/2010