HomeMy WebLinkAboutContract 45651 CITY SECRfiTAW
CONTRACT NO.112i�
CAUSE NO. 10-83274-2
CITY OF FORT WORTH § CONDEMNATION PROCEEDING
V . § COUNTY COURT AT LAW NO. 2
SPENCER BODGE, AND WIFE, § TA COUNTY, TEXAS
CAROLYN11IODGE §
SETTLEMENT AGREEMENT
I This Settlement Agreement ("Agreement") is entered into by and between
it of Fort Worth, anumicipal corporation located in Tarrant County, Texas ("City")
and Spencer Bodge and Wife, Carolyn Hodge ("I-lodge"). City and Hodge are sometimes
referred to individually as a"Party" and collectively as the"Parties."
2. City filed Cause No. 10-83274-2, City ofFort Worth v. Spencer F6 &,-e and
Mfe, Carolyn Dodge, et al., a Condemnation Proceeding, in the County Court at Law
No. 2 of Tarrant County, Texas. In the condemnation proceeding, the City asserted its
enrinent domain powers to coridenin and acquire property owned by I-lodge for the
Lebow Channel Drainage Improvement Project. The property that is the subject of this
settlement is depicted on Exhibits, "A" and "B" to the attached Agreed Judgment, to be
entered in conjunction herewith, and will be hereinafter referred to as the"Property."
1 On or about September 20, 2012, after hearing evidence regarding the value
of the condemned Property and damages, a panel of Special Commissioners awarded the
sum of$88,300.00 as the total sum to be paid by City to Hodge for the acquisition of
0.462 acres (the"Award of Commissioners"), On or about October 19, 2012, the sum of
....
..--,
OFFICIAL RECORD
RECEIVEO JON 00 M '0 Y
CITY" SECRE111111ARY
I LFT- WORTHI TX
$88,300.00, representing the arnount of the Award, was tendered by the City into the
Court's Registry.
C On or about October. 12, 2012, Hodge commenced appeal of the Award of
Commissioners by written objection filed with the Cow..
5o After further negotiations, the Parties agree that it is best for the City to
take Hodge's entire property, an improved 1.272 acre tract, which is more specifically
defined herein as the Property.
6. The City has also advised Defendants in writing that they are entitled to
relocation benefits under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act because of the acquisition and the City agrees to provide such
benefits as set forth herein,
T The Parties, without admitting any facts or liability on any claim or cause
of action, but continuing to deny the same in order to avoid the cost, inconvenience and
burdens associated with contested litigation, desire to compromise and settle all
outstanding claims between them on the terms set forth herein. therefore, for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
in consideration of the promises and covenants set forth in this Agreement, the Parties
agree as follows:
a. Settlement Pgypjents. City and Hodge hereby agree to settle
this condemnation case by payment. to Hodge a total amount. of
$430,000.00 to obtain the Property described in the legal description
attached to the ..Agreed Judgment, Exhibit A. The City will also pay
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monetary consideration for relocation obligations as discussed below. City
and Hodge agree that Hodge has already withdrawn $88,300.00 from the
Court's Registry (plus accrued interest) that the City deposited pursuant to
the Award of Commissioners, and that $88,300.00 is a portion of the
settlement funds under this Agreement. After the Agreed Judgment is
signed by this Court, City and, Hodge agree that City will pay Hodge the
balance of $341,700.00 at a title company as a portion of the final
settlement (the other portion is relocation as discussed below) and payment
in full for the Property under this Agreement.
b. Final Adjudication of Case. After the execution of this
Agreement by the last of the Parties, the Parties will file the Agreed
Judgment attached as Exhibit A. The Parties agree to cooperate with one
another in signing, delivering, and filing any necessary documents and
taking any other action reasonably necessary to cause the prompt and final
adjudication of the condemnation case, and Hodge's appeal of the Award of
Commissioners.
c. Passing Title to City. The Parties agree that the City takes its
title through the Agreed Judgment in the case, such Judgment vesting
Defendants' title to the Property in the City.
d. Relocation Pam. City will pay relocation benefits to
fully relocate Hodge's property to Hodge's new permanent business
location. Hodge agrees to move the business and accept a cash payment
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from the City in the total amount of $248,686.000 The parties agree that
$248,686.00 is the total amount of relocation and fe-establishment. fees the
City will pay to Hodge under this agreement. 'Me City's payment of
$248,686.00 satisfies all of its obligations for relocation and re-
establishment Linder Chapter 21 of the Property Code. The timing and
structure of the payment of the$248,686.00 is set f® below in(f).
e. 601 to Move. Hodge will have sixty (60) days from the
date of funding to vacate the Property., The City may allow Hodge more
than 60 days to vacate at its sole discretion. Should Hodge require more
than 60 days to 'vacate, Flodge will have to pay $1,500.00 for the first
additional 30 days to lease the Property, Any further extensions and
additional time will be sul-Iject to the discretion of the City and for an
amount and time period acceptable to the City, Any personal property left
on the Property at the conclusion of the original 60 days to move, or after
any subsequent extensions, will become -property of the City and the City
may and will dispose of such property. Defendants agree to remove all
containers of oil or any other chemicals that are stored above ground.
f® Closipy, Titig (I . n Escrow AMg;jIgM After title
mpgy,and
has passed throuph the Agreed Judgment, the City will pay the $341,700.00
rernaining consideration on the sale of the property by making such
$341,700.00 payment to Alamo Title Company for disbursement to
Defendants and their attorneys. The City shall additionally pay 2/3 of the
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total relocation benefit (2/3 of$248,686.00 = $165,790.66) to Alamo Title
Company at the same time as the payment of the $341,700.00 consideration
for the property. Alamo Title shall then make disbursements of the
consideration to Defendants as follows: The title company shall wire
$55,000.00 to the Dawson & Sodd, LLP Trust Account (with wiring
instructions to be provided separately) as a portion of the legal fee owed by
Defendants to its attorneys, Dawson & Sodd, LLP, per separate Fee
Agreement between Defendants and Dawson & Sodd. The remainder
$452,490.66 ($341,700.00 plus 2/3 of the relocation benefit $165,790.66,
minus the $55,000.00 legal fee payment to Dawson & Sodd, LLP) shall
then be made payable to Defendants as directed by Defendants (including
by wiring the proceeds to the title company of Defendants' choosing for use
in subsequent closing of the property Defendants are moving their business
to). In addition to these payments, at the same time the City makes
payment of the $341,700.00 and the $165,790.66, the City shall also
deposit 1/3 of the total relocation payment ($82,895.34) into an escrow
account at Alamo Title Company for the benefit of Defendants, thereby
concluding all payment obligations of the City. This last deposit will sit in
escrow until Defendant Hodge completes his move. Alamo Title Company
will act under an Escrow Agreement concerning the $82,895.34. Paragraph
2 of the Escrow Agreement shall provide that the last 1/3 payment of
$82,895.34 shall be due and payable to Hodge immediately upon Alamo's
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receipt of the following: (a) written notice from Defendant Hodge where
such notice (1) advises Alamo that Hodge has completed the business move
and (2) provides the date the move was completed and (b) written or oral
confirmation from the City that there are no containers of chemicals or oil
left on the Property. In the event the City has not provided Alamo the
confirmation described in the preceding sentence within three business days
of receipt of the notification from Hodge, Alamo will be obligated to
disburse the funds to Hodge. Hodge will provide a copy of the notice of
completing its move to counsel for the City at the same time notice is
provided to Alamo. The City can provide no other objection to
disbursement of the funds to Hodge other than that Hodge left containers of
chemicals or oil on the property. In the event there are containers of oil or
chemicals left after the move and the City provides written notice of such to
Alamo, Alamo will not be obligated to make payments to Hodge until the
condition is cured by moving the containers or by some other agreement
with the City. After receipt of the notice of completing the move and
confirmation from the City (or expiration of 3 days without receipt of the
confirmation from the City) Alamo Title Company shall then pay to Hodge
the remaining $82,845.34 (either by wire or check) from the escrow
account thereby concluding the payment of all consideration and Just
Compensation due to Defendants in this case.
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8. The above settlement payment and payment of relocation benefits are part
of the Just Compensation in this case. This agreement is entered by Defendants under
threat of eminent domain from the City and in settlement of the above-referenced
condemnation case.
9. Waiver of Right to Repurchase. Defendants waive any and all repurchase
rights available under Texas Property Code Chapter 21 so long as the City completes the
project within the time limits set forth in Chapter 21 and so long as a substantial portion
of the Property is used for the project. Repurchase rights are not waived as to any portion
of the Property if the City fails to complete its project within the time limits set forth in
Chapter 21 or if the project, when completed, does not use a substantial portion of the
Property for the project. For purposes of this provision, the project will be deemed to use
a substantial portion of the Property if it occupies at least all of the portion of the
Property that is within 140' of the eastern property line of the Property (that property line
nearest Guenther Ave. which bears S 5° 36' 26" E).
10. Release. For and in consideration of the payment, agreements and releases
set forth herein, Hodge, for itself and on behalf of its heirs, and assigns, and all persons,
natural or corporate, in privity with it, its predecessors, successors, parents, subsidiaries,
members, managers, partners, shareholders, officers, directors, employees, agents,
representatives, insurers, attorneys, affiliates, associated entities of every kind and nature
and assigns, hereby releases, acquits and forever discharges City and its subdivisions,
departments, officials, commissioners, predecessors, successors, employees, agents,.
representatives, insurers, attorneys, and affiliates from all claims, demands, defenses,
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controversies, actions, debts or causes of action, of whatever nature or character, fixed or
contingent, liquidated or unliquidated, known or unknown, which Hodge had, now has,
or may have in the future, relating in any manner to this cause of action and/or the
transactions, facts, omissions, conduct, actions, counts, damages and causes of action
alleged therein, or which could have been alleged therein, arising at any time from the
beginning of time to the date that this Agreement is last executed by any Party hereto.
This is a general release of all possible claims and causes of action of every kind and
character related to this case and/or the transactions, facts, omissions, conduct, actions,
counts, damages, and causes of action alleged therein, or which could have been alleged
therein, and is to be interpreted liberally to effectuate maximum protection for the City.
11. Representations and Warranties. As a material inducement to each Party's
entry into this Agreement, the other Party unconditionally represents and warrants at the
signing of this Agreement and delivery of any documents hereunder:
(a) that it has carefully read this Agreement, that it has had an
opportunity to discuss its effect with counsel of its choice, and that it
fully understands its final and binding effect;
(b) that it has the necessary authority to settle this matter fully on behalf
of itself and all parties whose interests it purports to release in
accordance with the terms of this Agreement, and that the
individuals who execute this Agreement on its behalf are fully
authorized to execute the Agreement and to bind the respective
Parties;
(c) that it has not assigned to others, but is the owner of the claims
released herein and has the entire and exclusive authority to settle
them on the terms herein set forth;
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(d) that it has executed this Agreement as its free and voluntary act,
without any fraudulent inducement, duress, coercion or undue
influence exerted by or on behalf of any other Party; and
(e) that no promise, representation, conduct, or consideration by any
other Party to this Agreement, its owners, agents, servants,
employees, attorneys, or persons in privity with it, has induced the
execution of this Agreement except for those representations and
agreements specifically set forth herein.
12. Miscellaneous. The provisions of this Agreement comprise all of the terms,
conditions, agreements, and representations of any of the Parties respecting the settlement
and compromise of this dispute, the matters relative thereto, and the matters respecting
this Agreement. This Agreement may not be amended, supplemented, or otherwise
modified except by further written agreement of the Parties.
13. This Agreement shall be binding upon and inure to the benefit of the Parties
and their respective successors, insurers, creditors, agents, representatives, associated
entities and assigns.
14. As this Agreement is not probative of any liability or admission of same
with respect to the acts complained of in the case, neither this instrument, the agreements
evidenced hereby, nor any related evidence, will be admissible in evidence against any of
the Parties in any lawsuit, claim or arbitration proceeding of any nature, except in an
action for breach of, to enforce, or to construe the Agreement.
15. This Agreement may be executed in multiple counterparts and transmitted
via facsimile, any and all of which shall be construed and enforceable as the Agreement.
16. The effective date of this Agreement shall be the date of the execution of
this Agreement by the last of the Parties.
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17. If any provision of We Agreement is held to he illegal, invalid or
unenforceable under present or future laws efreclive during the term hereof, such
provision shall be fully severable,and the remaining provisioris the shall remain in
full force and effect and shall not be affected by the illegal,invalid or uncalorecable
provision,or by its severance hercfrom.
19. 1•jis Agreement shall he construed under the laws of die State off Texas.
19. This Agreememl stwil not be construed against any Party as the drafting
party.
20 Each Party will pay its own costs and attorneys'reoc incurred in connection
with the Appeal and/or tW3 Agreement.,
ERHO
SP A DGE
Date:
TABOLYND GE
Date:
APPROWD AS TO FORM:
Malthew Hurt
.Allorneyfa,r.Witeer Hodge and Ca-lyn Hodge
17. If any provision of this Agreement is held to be illegal, invalid or
unenforceable and present or future laws effective during the term hereof, such
provision shall be fully severable,, and the remaining provisions thereof shall remain M'
full force and effect and shall not be affected by the illegal, invalid or unenforceable
provision, or by its severance herefrom.
18. This Agreement shaft be construed under the laws of the State of Texas.
19. This Agreement shall not be construed against any Party as the draffing
party,
20. Each Party will pay its own costs and attorneys' fees incurred in connection
with the Appeal and/or this Agreement.
SPENCER HODGE
Date:
CAROL HODGE
Date,
APPROVE D AS TO FORM:
Matthew Hurt
AtIorneyfor Spencer.1--lodge and Carolyn,Hodge
OTY OF FoRT WORTH
B y: —�e4w —-- r-m 14--
Fernando Costa
Assistant City Manager
/1
Date:
-..........
APPROVED AS TO-FOR AND LEGALITY:
Christopher B.Mosley, 0
,Senior,4ssistant City Attorney, City of Fort Worth
FOP
0 00D00coo,
0 60
by
Mary L K71 ity S
' 00
S
................
GFI'111CIAL RECORD
CITY SECRETARY
IT
FT,,WORTH9 TX
Ac OwLEDCM1dpiTS
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE W the undersigned audwrity,a Notary Public in and for the State of
Texas,an this day personally appeaved SPENCER HODGE,known to me to be the
same person whose name is subscribed to the foregoing instrument,and acknowledged to
me that he executed the same for the purposes and consideration themin expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of April,
2014.
Marc"By,2019
The State of Texas
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME,The underslgr"authority,a Notary Public in and for the State of
Texas,on this day personally a ROLYNBODGE,known to me t®be the
same person wWjw nerve is subscribed to the lorcgoing immurneaL,and acknowIvAgpd to
me that she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAM AND SEAL OF OFFICE this J(e day.fApril.
2014.
•, srarntNUVUrNxry+awarrsov+
EV PubW.M010 01
'09 ...............
Notary Mile.....-in aria tot
The State of'rexas
12
.....................
STATE OF TEXAS §
COUNTY OF TAR RANT §
BF,FORE ME, the undersigned authority, allolary Public in and for the to of
Texas, on this day personally appeared Fernando Costa, Assistant City Manager for the
City of Fort Worth, Texas, known to me to be the same person whose name is subscribed
to the 1"oregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he execoted the same as the act of the City of Fort Worth for
the.purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND Sf,,Al, OF OFFIC11, this I(-fA day of April, ,
2014.
.............. . ...... ............
i�1A -
TERESA M JOHNSON Notary jublic in an r
01
f 4
My Commission Expires
April.24,201.6 The State of'rexas
13
. . °
EXHIBIT A
Final Agreed Judgment
1
Page 1 of 12
u
Electronically Recorded TarrantCounty
Official Public Records 4/26/2.014 3:33 PM D214084923
G 1 $6000
� ar�Lid, o.
Mary Louise Garcia u rnitter:. XEROXCOMMERCIAL
SOLUTIONS
CAUSE NO.IN3274-2
C rY OF FORT WORTH, CONDEMNATION PR INGS
Plaintiff
V. f m TINE COUNTY COURT AT LAW
f NO.2
SPENCIM HODM ET AL.,
Defendants. OF TARRANT COUNTY,TEXAS
AVIML&FINAL JUDGI!'IEI�T
BE IT RUMMUERW, that on this day, came on to be considered the above-entitled and
numbered cause between&a CITY OF FORT WORTH, TEXAS (heed "'P " J, and
SP13NCRR HODOE and CAROLYN TIODGK (h `Dof ") and announced that
they have moped an aiptement that resolves all dispoW issues in this matter.
L
Defendants do not obullenge that Plaintiff has the ri&to recover and condenin the property
described in Exhibits"A"and"B"aftselited hereto "Ilhe.Pr p ;that all prior steps
and duo procetm of law weae duly,legally and fintely port ;that all legal pmmuwtes for
trial of this cause by this CoW had beca duly complied with;that the only issua remaining in this
cause to be tried by this Court Is the amount of compmution due to Dahndants as a result of the
condemnation of ffic Property;and that this Court hasjurisdiction of such issue and this cause of
action.
AGREED FINAL JUDGMENT
PAGE: 1
TMUZ NDr.0PMCTC0P OF SCANNED
OFWINALRCOr0RL0IN
w TA.WNl' I"1y'r9MS:
My LOUISE 9mcl&e+ry m 17 2011
CAUSE NO.1043274-2
CITY OF FORT WORTH, § CONDEMNATION PROCEEDINGS
Plaintiff, §
V. § IN THE COUNTY COURT AT LAW
§ NO.2
SPENCER HODGE,ET AL., §
Defendants. § OFT NT COUNTY,TEXAS
AGREED FINAL JUDGMENT
BE IT REMEMBERED, that on this day, came on to be considered the above-entitled and
numbered cause between the CITY OF FORT WORTH, TEXAS (hereinafter "Plaintifr% and
SPENCER HODGE and CAROLYN HODGE, (hereinafter "Defendants") and announced that
they have reached an agreement that resolves all disputed Issues in this matter.
L
Defendants do not challenge that Plaintiff has the right to recover and condemn the property
described in Exhibits"A"and"B"attached hereto(hereinafter"the Property);that all prior steps
and due processes of law were duly,legally and timely performed; that all legal prcrNuisites for
trial of this cause by this Court had been duly complied with;that the.only issue remaining In this
cause to be tried by this Court is the amount of compensation due to Defendants as a result of the
condemnation of the Property,and that this Court has jurisdiction of such issue and this cause of
action.
AGREED FINAL JUDGMENT
PAGE I
TRUr AND CORPICT COPY OF SCANNED
ORiGINAL RECORD FILED IN
TAgnmy CouNTY,TEMS,
MARY LOUISE GA�CIP,COUNTY AR. 17 2014
From the papers heretofore filed in this cause, the evidence introduced upon the trial of this
cause, and the agreements and stipulations made by the parties upon the trial of this cause, the
Court finds;
(1) That under and by its Third Amended Petition for Condemnation filed with the clerk of
this Court on April 17, 2014, Plaintiff sought and prayed for the acquisition of the Property to
enable Plaintiff to "construct the Lebow Channel Drainage Improvement Project to alleviate
flooding In multiple neighborhoods on the north side of the City of Fort Worth." Plaintiff seeks
the Property from Defendants,through condemnation of the property located in Tarrant County,
Texas;save and except the oil,gas,sulfur,and other minerals which can be removed from beneath
the property without any right whatsoever of ingress or egress to or from, nor any use of, the
surface of said tract of land for the purpose of exploring, developing, drilling or mining of the
same;
(2) That pursuant to the Original Petition for Condemnation, the Judge appointed three
disinterested freeholders of Tarrant County,Texas,as Special Commissioners,who subsequently
met,•took their oaths of office, set a date of hearing before such Special Commissicmers, and
caused notice thereof to be duly served as prescribed by law, and that the Special Commissioners
duly held the hearing,
(3) That upon the hearing, Plaintiff appeared, either in person or by its attorneys, and
Defendants after receiving proper notice appeared, and that after the hearing, the Special
Commissioners made and rendered their decision and Award in writing on September 20,2012,
and filed the Award with the judge of this Court shortly thereafter,
AGREED FINAL JUDGMENT
PAGE 2 TRUE AND CORRECT SPY OF
OR161NAL RECORD FILED IN
TARRALUIS T GA T
MARY
E CIA,COUNTY CLERK
(4) That by the written Award, the Special Commissioners awarded to Original
Defendants the sum of EIGHTY-EIGHT THOUSAND THREE HUNDRED AND NO/100
DOLLARS,($88,300.00);
(S) That Defendants duly and timely filed an objection and exception to the Award of
Special Commissioners and caused Plaintiff to be cited accordingly;
(6) That the Plaintiff sought a portion of the entire property (See Plaint ms's Mrst Amended
Original Petition in Condemnation)but subsequently amended its petition to seek and acquire the
entire property as alleged in the latest petition on file in this case,the Third Amended Petition in
Condemnation filed on April 17,2014;
II>f.
Whereas all parties have agreed and reached a compromise agreement that the sum of FOUR
HUNDRED TH ORTY THOUSAND AND N01100 DOLLARS (5430,000.00) is the sum to
which Defendants are entitled by virtue of the condemnation of the Property on the date the
Property was condemned, which includes any damages, if any, to the remainder of Defendants'
remaining property. Upon due consideration,the Court finds and determines the following:
(1) All proceedings necessary to vest this Court with jurisdiction of the parties and the
subject matter and the parties of this cause have been instituted,maintained and complied with as
required by law;therefore,this Court has jurisdiction of the parties hereto and of the subject matter
set forth in this case;
(2) Defendants Spencer and Carolyn Hodge are the owners in fee simple of the Property.
Plaintiff is condemning and acquiring the fee simple title in and to the Property under and by virtue
of these condemnation proceedings. Plaintiff is authorized to condemn the Property;
AGREED FINAL JUDGMENT
PAGE 3
TRUE AND C RRC- r"Opy OF
1 Able ORIGINAL RE CORD FILED IN
TARRANT COUNT)'TEMS:
°o� � MARY LOUIS£GARCIA,COUNTY CLERK
(3) From the pleadings,evidence and the agreement ofthe parties,Defendants should have
and recover from Plaintiff the sum of FOUR HUNDRED THIRTY THOUSAND AND NO/100
DOLLARS(S430,000.09),,
(4) In addition, Defendants and their business located on the Property are entitled to
relocation services and/or payment of relocation efits as separately set forth in the Settlement
Agreement executed by Plaintiff and Defendants.
(5) Plaintiff should have and recover from Defendants as more specifically set forth in
Plaintiffs Third Amended Petition for Condemnation,a fee simple title in and to the Property;
(6) That Plaintiff did on October 19,2012 deposit into the Registry ofthis Court the sum of
EIGHTY EIGHT THOUSAND THREE HUNDRED AND NO/100 DOLLARS($88',100;00)
for the use and benefit of Defendants, which amount was withdrawn by proper order entered by
this Court on March 18, 2014, and Defendants acknowledge receipt of EIGHTY-EIGHT
THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($88,300.00) dmady.paid by
Plaintiff,as evidenced by the withdrawal of same from the Registry of the Court;and after making
application of such amount there remains an unpaid balance of THREE HUNDRED
FORTY-ONE THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS (534I,700.00)
due and payable by Plaintiff jointly to Defendants and their attorneys' (per the terms of the
Settlement Agreement)for the use and benefit of Defendants on or before the fifth(5th)day after
the date this judgment is signed by the Court. Defendants shall not be entitled to post-judgment
interest above or beyond the above-refe renced unpaid balance, provided, however, that if said
additional sum is not paid by Plaintiff to Defendants and it attorneys per the terms of the
Settlement Agreement within such five (5) day period, Defendants shall be entitled to recover
AGREED FINAL JUE)GIVIENT
PAGE 4 -rRUC AND CORRECT COPY OF
ORIGINAL RECORD FILED IN
TAR RANTCOW-Y,TEXAS:
MARY LOUISE()ARCIA.CDUNTY CLERK
I I
post judgment interest thereon from the Plaintiff at the rate of 5% per annum compounded
annually from the date of judgment;
(ti) All costs of Court,excluding attorneys' fees,incurred herein should be taxed against
Plaintiff,which costs shall be paid only to the County Clerk of Tarrant County,Texas.
IV.
It is therefore ORDERED,ADJUDGED,and DECREED that Plaintiff does have and recover
of and from Defendants fee simple title in and to the Property situated in Tarrant County,Texas
described in Exhibits"A"and"B"attached. Defendants have and are entitled to a judgment from
Plaintiff in the sum of FOUR HUNDRED THIRTY THOUSAND AND.N01100 DOLLARS
($430,000.00) for the interests in the Property herein condemned, including damages,if any, to
-Defendants' remaining lands. Defendants are also entitled to receive relocation services and
benefits and/or payment of relocation benefits pursuant to the separate Settlement Agreement
executed by Plaintiff and Defendants. The promises and representations and agreements set forth
in the Settlement Agreement consist ofpart of the Just Compensation to be paid to Defendants and
the agreements therein may be enforced in this Court after execution of this Judgment if necessary.
V.
It is further ORDERED, ADJUDGED, and DECREED that the fee simple title to the land is
hereby decreed to and vested in Plaintiff; however, there is excluded from said estate vested in
Plaintiff all the oil, gas, sulfur, and other minerals which can be removed from said land. The
owners of such oil,gas, sulfur,and other minerals shall not have any right of ingress to or egress
from, nor any use of, the surface of said condemned land for the purpose.of exploring, drilling,
developing or mining of the same.
AGREED FINAL JUDGMENT
PAGE 5
f RUF APJO CORRICT COPY OF
4��pRf!41/ln ORIGINAL RECORD FiLE0 IN
r
TARRANT COU,iNTY.TEXAS:-
�o� � � MARY LOUISE GARCIA,COUNTY CLERK
V1.
It is finther ORDERED,ADJUDGED, and DECREED by the Court that Defendants do have
and recover from Plaintiff,and Plaintiff is hereby directed to pay to Defendants and their attorneys
per the Settlement Agreement for the use and benefit of Defendants, the unpaid balawe of
THREE HUNDRED FORTY-ONE THOUSAND SEVEN HUNDRED AND NO/100
DOLLARS ($341,700,00) for the land described in Exhibits ','A" and "B," and as full
compensation for the condemnation thereof hereunder. Defendants shall not be entitled to
post-judgment interest, provided, however, that if said additional sum is not paid by Plaintiff to
Defendants and their attorneys within such five (5) day period after the date this judgment is
signed by this Court,Defendants shall be entitled to recover post-judgment interest thereon from
Plaintiff at the rate of 5% per annum compounded annually from the date of judgment. Such
payment shall be made as set forth in the Settlement Agreement using a title company who shall
make the proper disbursements to Defendants and their attorneys®
Vu.
It is further ORDERED,ADJUDGED,and DECREED that upon payment by Plaintiff,of the
THREE HUNDRED FORTY-ONE THOUSAND SEVEN HUNDRED AND NO/100
DOLLARS($341,700.00),which is the difference in the amount deposited in the Registry of the
Court MGHTY-EIGILT THOUSAND TIME HUNDRED AND NO/100 DOLLARS
(588,300)and the amount of money found by the Court to be the market value of the land wquired
by Plaintiff, in fee simple, including damagwq, if any, to Defendants' remaining lands, FOUR
HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($430,000.00), and upon
completion of its obligations concerning relocation of Defendants and/or their business to their
new location (including payment of relocation benefits, all as set forth in the Settlement
AGREED FINAL JUDGMENT
PAGE 8
TRUE AND CORRECT COPY OF
ORIGINAL RECORD FILED IN
TAR RANT COUNTY,TEXAS:
MARY LOUISE GARCIA,COUNTY CLERK
Agreement),Plaintiff shall stand RMEASED and DISCHARGED of its constitutional obligation
to pay such compensation for the taking of the Property described in Exhibits 'W'and"B."
M.
It is finiher ORDERED, ADJUDGED AND DECREED that upon payment by Plaintiff to
Defendants Spencer and Carolyn Hodge of said ITUM HUNDRED FORTY-ONE
THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($341,700.00), and upon
completion of its obligations concerning relocation of Defendants and/or their business to their
now location (including payment of relocation benefits, all as set forth in the Settlement
Agreement),Plaintiff shall stand RELEASED and DISCHARGED of Its constitutional obligation
to pay such compensation for the taking of the propurty described in Exhibits"A"and"B."
113L
It is further ORDERED,ADJUDGED AND DECREED that Defendants waive any and
all repurchase rights available under Texas Property Code Chapter 21 so long as the City
completes the project within the time limits set forth in Chapter 21 and so long as a
substantial portion of the Property is used for the project. Repurchase rights are not
waived as to any portion of the Property if the City fails to complete its project within the
time limits set forth in Chapter 21 or if the project, when completed, does not.use a
substantial portion of the Property for the project. For purposes of this provision, the
project will be deemed to use a substantial portion of the Property if it occupies at least all
of the portion of the Property that is within 1401 of the eastern property line of the Property
(that property line nearest Guenther Ave.which bears S 5*36'26"E).
AGREED FINAL JUDGMENT
PAGE I TRUE AND C111RECT COPY OF
I (aORIGINAL HE-CORO FILED IN
TARRANT COUNTY�TEXAS:
MARY LOUISE GARCIA,COUNTY CLERK
g tl
W
X
It is further ORDERED,ADJUDGED and DECREED that all costs of Court related to these
proceedings,but not including attorneys' fees,are hereby adjudged against Plaintiff,which costs
shall be paid only to the County Clerk of Tarrant County,Texas.
X1.
It is finally ORDERED,ADJUDGED and DEC that this judgment finally disposes of all
parties and all claims raised in this cause.
SIGNED this day of April,2014.
JUD
P OVER AS TO ST C AND FORM.
C STOPHER B.MOSLEM
Assistant City Attorney
Stag Bar No. 00789505
CITY OF FORT WORTH
1000 Throclanorton Street
Fort Worth,Texas 76102
(817)392-7600
(817)392-8359-Facsimile
ATTORNEYS FOR PLAINTIFF, CRY OF FORT WORTI1; T
MATT HURT
Dawson&Sodd,LLP
State Bar No.24032450
8333 Douglas Ave.,Suite 1260
Dallas,Texas 75225
(214)373-8181
ATTORNEYS FOR DEF ENDANTS SPENCER AND CAROL YN HODGE
AGREED FINAL JUDGMENT
PAGE 8
TRUE AND CORRECT CORY OF
"oc ORIGINAL RECORD FILED I
TAR RANT COUNTY,TEXAS:
a, ' WRY LOUISE GARCIA.COUNTY CLERK
u 9
,
x
It is Ruther ORD D,ADAJDGED and DECRERD that all wets of Court related to these
proctedings,but not including attorneys' Boca, are hemby adjudged against Plaintiff wbfoh oasts
shall be paid only to the County Clerk of Tarrant County,.Texas.
X1.
R is fitudly ORDEM,ADJUDGED and DECREED t this judgment finally disposm of all
parties and all claims raised to this cause.
SIGNED this day of April,2014.
APPROVED AS TO SUBSTANCZ AND FORM;
CHRISTOPHER B.MOSLEY
Assistant City Attorney
State Bar No.00789505
CrrY OF FORT WORTH
1000 Thmckmorton Strcet
Fort Worth,Texas 76102
(817)392-7600
(817)392-8359-Faosimile
ATTORNEYS FOR F , GITY OF FORT WORTH, TRUS
MATT MMT
Dawson&Sodd,LLP
State Bar No.24032450
8333 Douglas AvA,Suite 1260
Dallas,Texas 75225
(214)373-8181
A7TORAM FOR DEFENDANTS SPENCER AND CAR OLYNHODGE
AWEED FI AL JUDGMENT
PAGE 8
TRUE AND CORRECT COPY OF
g,�uRAa•rn ORIGINAL RECORD FILED IN
y. TARRA14T COW Y,TEXAS:
MARY LOUISE GARCIk COUNTY CLERK
''Qa sue'
Spencer Hodge
Job No. FTW06305-1
10/1612009
Exhibit A,Shoot 1 of 3
Being 1.272 acres of lqnd, morie or loss, being all of Lots 1, 80,'and 31, Block 4,
Diamond Hill Addition to the Clly of Fort Worth,Tarrant County,Texas,according to the
plat recorded In Volume 388,Page 21,Plat Records,Tenant County,Tons,and being
described to Spencer Hodge according to the dead recorded In Volume 8784, Page
241,Dead Records,Tarrant County,Taxes;and a portion of farmer railroad right-d-way
as defined by said plat and being described to Spencer Hodge aorording to the died
recorded In Document Number D200247475, said Deed Records. Said area being
more particularly described by motes and bounds as follows:
BEGINNING at a kY"cut in concrete, set at the southeast comer of said Lot 30, also
being at the Intersection of the north right-d-way line of Brennan Avenue (a 80
wide public right-of-way)with the west right-of-way line of Guenther Avenue in variable
width public fight-of-way),
(1)Thence South 75*3041'West,along the south line of said Lot 30 and along-sold
north right-of-way, passing the southwest comer of said lot at 153.31 feet,some
being the southeast comer of aforesaid Lot 31,and continuing along said right-
of-way and the south line of said Lot 31,In all 303.31 feet to a 518 Inch Iron rod
with a'yellaw plastic cap stamped ITNP'AM at the southwest comer of said Lot
31, same being In the east line of a 20-1bot wide alley according to
aforementioned plat;
(2)Thence North 01"42!61'East,leaving said right-of-way,along the common line of
said Lot 31 and said alley, a distance of 53,90 feet to a 5/8 Inch Iran rod with a
yegow plastic cap stamped 'TNP' set at the northwest corner of sold Lot $1,
some being In the south line of atbrementioned former railroad right-of-way
(Hodge tract,D200247475),
(3)The South 72,53'08" West, leaving said east alley line, along said former
railroad right-of-way,21.13 fast In a M inch Iron rod with a yellow plastic cap
stamped"TNPw set at the northeast comer of aforementioned Liat 1,also being In
the west line of said allay,
(4)Thence South 01'42'61'West leaving said formor rallmad dght-of-way, along
said west alley line and the east line of said Lot 1, a distance of 62.85 feet to a
6/8 Inch Iron rod with a yellow plastic cap stamped 'TNP'M at the southeast
comer of said Lot 1, same being In the oficromerifioned Brennan Avenue north
right-of-way,
(5)Thence South 75'3641'West,along the iouth line of said Lot I and said dgl&
of-way,a distance of 1130,110"feet to a 518 Inch Iron rod with a yellow plastic cap
stamped 'TNP" set at the southwest comer of BWd Lot 1, same being at the
Intersection of the east right-of-way line of Peak Street (a 60-foot wide public
right of way)with sold Brennan north right-of-way;
(6)Thence North 01*42'61"East,along said Peak Street right-of ivay and the west
-Ana-ofasld Lot 1,pasWng.aA-!r cut Ux concrete,set at the norltmmM.comer.of
said Lot 1 at 48.31 feet,same being In the aforementioned former railroad south
rllght-of-way,and continuing along sold Peak Street east line,In all 116.04 feet to
a 5/8 Inch Iron rod with a yellow plastic cap stomped"TNP'out at the southwest
comer of Lot 2, sold Block 4, some being In the north line of aforementioned
former railroad right-of-way;
Thence North 72'53'08" East leaving said Peek Sheeoi east line, along said
former railroad north right array and along the south line of said Lot 2,passing
the southeast corner of said lot of 132.07 feed,same being the west line of a 20-
loot wide alley acd6rding,to the aforemardioned plat, passing the southwest
comer of Lot 29,said Block 4,same being the east line of sold alley,at 21.13 A
TRUE AM CORRECT CORY OF
ORIGINAL RMORD FILED IN
C:\A,C2004\TNP\VrWO5200-1\DO(.Vbdta.doe TARRANTGOUN)Y,TEXAS:
MARY LOUISE GARCIA,COUNTY CLERK
.....................
1f u
Spencer Hodge
Job No. 00305®1
10/15/2000
Exhibit A,Sheet 2 of 3
feet;continuing along said north flght-&-way and along the south line of said Lot
29, passing the southeast corner of said lot at 289.03 feet, some being In the
aforementioned west line of Guenther Avenue, and continuing In all,473.64 fast
to the oenterline of said Guenther Avmue;
(8)Thence South 05'30'26'East,along said contedine,07.35 feet;
(0)Thence South 72053'08'Weak leaving sold centedine, 30.61 Let in a'PIC nail
set at the northeast comer of atbromentlaned Lot 30, same being In the
eforemontlonod west fine of Guenther Avenue;
(10) Thence South 05*3820' East, along the east fine of sold Lot 30 and said
Guenther Avenue, 66.78 feet to the PLACE OF BEGINNING and containing
1.272 acres of land total, less 0.048 of an acre In right-d-way, leaving 1,226
acres of land net,more or lose,
NOTE: Beatings are based on the Tw=State Plane Coordinate System, North
Central Zone (NAD 83) using a OPS network with directional control
monuments shown on the allnchad rnap.
NOTE: I parts of this survey.
1. Legal description,sheet Nos.I and 2
11. Map,sheet No,3
Prepared from survey performed In the month of August-Ocibber 2009.
air
5 i L. entry,R.P.L.S.
0i
Texas Registrat on N 6619 IUCKV L CEMY
e #
Opp
suit
TRUE MID CORRECT rOPY OF
OR�GINAL RECORD FILED IN
py TARRANTCOUNTYjEXA&
C-%AC2004%TNPTM052OD-I\IDOOHod8c.doo mARY.Lowv WACIA,c0VNTY CLERK
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l r e: Authorized Users Only Page 1 of 1
Document Receipt Information
Reference Number: 4623 Hodge Judgment®Judgment
Instrument Number: D214084923
No of Pages: 12
Recorded Date: 4/2812014 3:33:13 P
CountV: _ Tarrant
Volume:
Page:
Recording Fee: $60.00
httpS:// .e .arige.com/[JI/ViewR.e a t,° spec?i: ocutn ntld=- 54 660 4/29/2014
Page 1 of 2
Electronically Recorded Tarrant County
Official Public Records 5/2/2014 11:34 AM D214089293
LIS PENDaRNS NOTICE.00
Mary Louise Garcia Submitter. XEROXCOMMERCIAL
SOLUTIONS
Date: April 30, 2014
Executed by: City of Fort Worth
Recorded in: Document No. D210174785
Deed Records of Tarrant County, Texas
Property (including any improvements):
a 1.272 tract or parcel of land situated in Fort Worth, Tarrant
County, Texas, described as all of Lots 1, 30, and 31, Block 4,
Diamond Hill Addition to the City of Fort Worth, Tarrant County,
Texas, according to the plat recorded in Volume 388, Page 21, Plat
Records, Tarrant County, Texas, and being described according to
the Deed to Spencer Hodge recorded in Volume 8784, Page 241,
Deed Records, Tarrant County, Texas, and a portion of former
railroad right-of-way as defined by said plat and being described to
Spencer Hodge according to the deed recorded in Document
Number D200247475, Deed Records, Tarrant County, Texas, and
as particularly described in the pleadings in the lawsuit numbered
10-83274-2 and styled City of'Fort Worth v. Spencer Hodge and
Wife, Carolyn Hodge.
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
City of Fort Worth hereby releases the property from the Lis Pendens Notice.
Executed this 30`s day of April, 2014.
CITY OF FORT WORTH
By:
ristopher B. Mosley
Senior Assistant City Attorney
Spencer Hodge v.CFW(DOE 4623 /Parcel 554) Page 1 of 2
Release of Lis Pendens Notice
Page 2 of 2
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the 30th day of April, 2014, by
Christopher B. Mosley, as Senior Assistant City Attorney of the City of Fort Worth, on
behalf of the City.
TERESA MJOHNSON
My Commission Expires
April 24,2016 Not y Public in aid r
Jr���lfyse
The State of Texas
AFTER RECORDING RETURN TO:
Christopher B. Mosley
City Attorney's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 75102
Spencer Hodge v.CFW(DOE 4623/Parcel 554) Page 2 of
Release of Lis Pendens Notice
6/3/2014 M&C ReA�
fffll'e a:: (U: €)�tIhe o �'Ul tiVorlh'
fORTWORTH
CITY COUNCILAGENDA
COUNCIL ACTION: Approved on 3/4/2014
DATE: 3/4/2014 REFERENCE NO.: **L,®1 LOG NAME: 12HODGE SETTLEMENT
CODE: L TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Approve Settlement of Lawsuit Entitled City of Fort Worth v. Spencer Hodge, et al, Cause
No. 2010-083274-2 in the Amount of$4.30,000.00 to Acquire Property Interests for Lebow
Channel Drainage Project (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council approve the settlement of all claims arising from the eminent
domain lawsuit the City filed to acquire property interests for the Lebow Channel Drainage Project in
the amount of$430,000.00 plus closing costs not to exceed the amount of$12,000.00, and authorize
relocation expenses under the Property Code.
DISCUSSION:
The City authorized condemnation proceedings against the Hodges, in Mayor and Council
Communication L-15337 to acquire a 0,462 acre tract to be used in connection with the Lebow
Channel Drainage Project. The property is located at 1609 Brennan, Lots 22D1 and 30-31 of the
Diamond Hill Addition, it of Fort Worth, Tarrant County, Texas.
The property is currently used by the owner as business property. The owner and the City agree that
it benefits of parties for the City to acquire the entire tract. The owner will relocate his business and
the City will use the property during construction, After the project is complete, the City will have the
option to sell the portion of the property that is not needed fort project. The parties have agreed that
$430,000.00 is fair compensation for the entire 1,226 acre tract. Closing costs will not exceed the
amount of$12,000.00.
This project is located in COUNCIL DISTRICT 2, Map,sco 62H.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendation, funds will be available in the current capital budget, as appropriated, in the
Stormwater Capital Projects Bond Fund.
TO-Fund/Account/Centers FROM Fund/Account/Centers
P227 .X41100 202280008441 144-2 00-0-00
Submitted for City Manager's_Office � Fernando Costa (6122)
Ori mating Department Head® Sarah Fullenwider (7606)
Additional-Information Contact. Chris Mosley (7603)
Wp- pps.dwetorg/courdl, J
,//a _PackAftc Oew.asp?ID=19536&coLiricild�te=3/4/2014 1/2
6!3!2014� M&C Resew
ATTACHMENTS
12HODGESETTLEMENT.pdf
2/2 http://apps,ctwmet.orgicouncii_pack--V re\Aew.asp?ID=19536&councildate=31412014 2
`
4"5-1
ALAMO TITLE INSURANCE
Policy No: 3339843'TX—SPC'1-AT0000016321
File No : ALDAL18+AT0000016321
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by
Alamo Title Insurance
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 CDND|T|ONS, ALAMO TITLE INSURANCE a California corporation (the "Company'')inmurea,
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 aa stated in Schedule A'
2 Any defect inor lien or encumbrance on the Title,This Covered Risk includes but ia not limited toinsurance
against loss from:
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, orimpersonation;
(ii) failure cJany person or Entity hz have authorized e transfer orconveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged,
notarized, or delivered;
(iv) failure to perform those ants necessary to create document by electronic means authorized by law;
(v) e document executed under afalsified, exp|red, ov otherwise invalid power ofattorney;
(vi) a document not properly filed, vaoondad, or indexed in the Public Records including failure toperform
those acts by electronic means authorized by law: or
(vi)) e defective judicial m administrative proceeding,
(b) The lien of real estate taxes orassessments imposed on the Title byagovernmental authority due or
payable, but unpaid
(o) Any encmaohment, enoumbmnoe, violehon, vedoUon, or adverse circumstance affecting the Title that would
be disclosed by an eoounato and complete land survey o[the Land The\enn "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto
the Land of existing improvements located on adjoining !and
(d) Any statutory ovconstitutional monhanic'm, nnnhanm/a. ormateria|men'a lien for labor o/materials having
he inception on or before Date ofPolicy
3 Lack of good and indefeasible Title
4, No right o[access to and from the Land
5 The violation nr enforcement of any law, ondinenoe, ponnh, or governmental nagu|md|on (including those na|eUng 8o
building and zoning) reothding, mgu|aUng, pmhibihng, or relating to:
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location nf any improvement erected on the Land;
(o) 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 onfonce, but only to the extent of the violation or enforcement referred to in that notice,
o"wvr,Policy T-1 Jacket(covered n/,k*(cow)
rorxnr/srdw
Policy No : 3339843-TX--SPC-I-ATOOOD016321
File No: ALOALI6-AT0000016321
OWNER'S POLICY OF TITLE INSURANCE (T-1)
(continued)
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.
Alamo Title Company Alamo Title Insurance
By
ATTGST
Authorized Countersignature
Owner's Policy T-1 .Jacket(Covered Risks)(2014)
FDTX0715 rdw
ALAMO TITLE INSURANCE
OWNER POLICY OF TITLE INSURANCE T-1
SCHEDULE A
File Number: ALDAL18-AT0000016321
Policy Number: 3339843-TX--SPC-I-AT0000016321
Amount of Insurance: $430,000.00
Premium: $2,70300
DATE OF POLICY: April 28, 2014 at 03:33 PM
1 Name of Insured:
City of Fort Worth, a municipal corporation
2 The estate or interest in the Land that is covered by this policy Is:
Fee simple estate, subject to, and the Company does not insure title to, and excepts from the description of the
land, coal, lignite, oil, gas and other minerals in,under and that may be produced from the land, together with all
rights, privileges, and immunities relating thereto.
3 Title is insured as vested in:
City of Fort Worth, a municipal corporation
4 The land referred to in this policy is described as follows:
SEE LEGAL DESCRIPTION ATTACHED HERETO
FDTX0717 rdw Owner's Policy T-1 (Schedule A)(2014)
-
' .
Spencer Hodge
Job No. FTYV08305'1
1u/15/20oV
Exhibit A,Sheet 1of3
Being 1272 mcnaa of land, mo,� or less, being all of Lots 1. 30. and 31. Block 4,
Diamond Hill Addition hz the City ofFort Worth,Tarrant County,Texas.according to the
plat recorded In Volume 388, Page 21, Plat Records,Tar-rant County,Texas, and being
described to Spencer Hodge according to the deed recorded In Volume 8784, Page
24 1,Deed Records,Tarrant County,Texas;and a portion of former railroad right-of-way
as defined by said plat and being described to Spencer Hodge according to the deed
recorded in Document Number D200247475, said Deed Records. Said area being
more particularly described by mates and bounds as follows:
BEGINNING at e °Y''cut in ooucnete, set at the southeast comer of said Lot DD' also
being at the |n\emauUon of the north dght-of+way ||nn of Brennan Avenue (a 004bot
wide public hht-uf-= y)with the west right-oAwoyMeof Guenther Avenue (svariable
width public hOht-mfway);
(1)Thence South 75"30�41"VVeg.along the south line of said Lot 8O and along said
north flghl-of-way, passing the southwest comer of said lot at 153.31 feet,same
being the southeast comer of aforesaid Lot 31, and continuing along said right-
of-way
ondUhemnuth |ineofmu|dLot31 }na|l3n@.31 «ee(� a�nh`ch (rnnmd
�
with yelloyellow bccap ~TNP .sn|at the southwest comer oYsaid Lox
31, nemm being in We max\ line of B 20foot wide alley according to
aforementioned plat',
(2)Thence North O1^42'5\^East,leaving said r|ght-of*/ey.along the common line of
said Lot 31 and said a|\ey, a distance vf539O feet oo a 5/8 Inch Iron rod with a
yellow p(om(io cop stamped ^TNP` set at the northwest corner ofsaid Lot 3{.
some being in the south >|no of aforementioned former naUmmg right-of-way
(Hodge tract,D20O247475)|
(3)Thence Sout� 72"53'08" VVeot. leaving sold east alley line, along said former
railroad riht-vf-way' 21.13 feet too5/8 Inch iron rod with a yellow plastic cap
stamped'7NP~set oi the northeast comer n[aforementioned Lot 1.also being|n
the west line of Said alley;
(u)Thence South 01'42'51' West, leaving said former railroad right-of-way, along
said west alley line and the east fine of said Lot 1, a distance o[5%�V5 feet ho m
510 inch Iron rod with m yellow plastic cap t m 6 ^TNP` set at the southeast
comer ofsaid Lot 1, same being in the aforementioned Brennan Avenue north
right-of-way;
(5)Thence South T5^D6'41^West, along the south line o[said Lot 1 and said right-
of-way,
distance of 130 10 feet to a 5/6 inch iron rod with a yellow plastic cap
stamped ^TNP~ set at tile southwest corner of said Lot 1, same being aithe
Intersection of the east dQht-of-vay line of Peak Street (a 00400tv4do public
right of way)with said Brennan north right-of-way;
(6)'Thence North 01'42'51*East, along said Peak Street right-of-way and the west
- --
--line-of said Lot 1,passing-an-`X" cut in concrete, set at the northwest comer of
said Lot 1w\4O-o1 feet, same being in the aforementioned former railroad south
right-of-way, and continuing along said Peak Street east line,inall 11O.04 feet m
a5/8 Inch Iron rod with m yellow plastic cap stamped°TNP^se{a1(hnamothwaot
corner ofLoto. said Block 4, same being In the north line of aforementioned
former railroad noh^nf-wey;
(7)Thence North 72~53'08r East, leaving said Peak Street east line, along said
former railroad north hght-of-wayand along the south||nn of said Lot z, passing
the southeast corner of said lot at 132O7 foot,same being the west line of a 20-
foot *dda e||oy according,to the aforementioned �i' passing the southwest
comer of Lot 2S.aaNBloo�4.s same being the east line of said alley,a\2113
C^Ao2004\TNP8rrW052o0-1\ooCn{ uuv.a"^
` . �
Spencer
Job No. FTYVO0305-1
1011512009
Exhibit A`Sheet 2o/3
feet; continuing along said north hght-uf-v yandw(ongNheoou\hUneufsaidLm
29. passing the southeast corner u[said lot n( 288.8O feet, same being inthe
aforementioned west line uf Guenther Avenue, and continuing 7n all, 473.O4feet
to the psnhadineof said Guenther Avenue;
(D)Thonoa South u5~O0'2G"East,along said contod/ne.07.35feet;
(S)Thence South 72"53O8^West, leaving said centerline, 30.61 feet toa "PK. nail
wet at the northeast corner of aforementioned Lot OO, omma being in the
aforementioned west line of Guenther Avenue,
(10) Thence South 05~36'26' East, along the east line of said Lot 30 and said
Guenther fwonua. 6678 |eoi to the PLACE OF BEGINNING and containing
1,272 acres of land total, |aos 0.046 of an acre In right-of-way, leaving 1.226
acres o[land net,more nrless
NOTE: Bearings are based on the Texas State Plane Coordinate System, North
Central Zone (NAD 04 using m GPS notwnrk, with d|nooUone| control
monuments shown on the attached map
NOTE: Integral parts o[this survey:
i Legal description,»hvotNnu. 1und2
U. Map,sheet No.3
Prepared from sumuypodonnodIn the month o[August-October 2003
OF
Q&:� � 01.
Texas RoEjLlstr�aton N 1119 RICKY L,GENrRY
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Policy No : 3 1-ATOOOOO10321
File No : ALDAL18+AT0000016321
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses)
that ehsa by reason of the terms and conditions of the leases and emsomen1s, if any, shown in Schedule A and the
following matters:
1 Deleted
2 Shortages inarea
J Homestead or community property or survivorship rights, if any, of any spouse of any insured, (Applies \othe
Owner Policy only)
4 Any titles or hghis asserted by anyone, including, but not limited to, pemons, the pub|io, corporations, governments
or other entities,
a 10 tidelands, or lands comprising the shores orbedoofneWgobleorparenniaihvmns
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
gnvarnmeni, or
c to filled-in |ends, or artificial islands, or
d io statutory water rights, including riparian rights, or
e to the area extending from the Una of mean |mm tide to the line of vegetation, z he rights of
access Vothat area or easement along and across that area (Applies oo the Owner Policy on|y)
5 Standby fees, *axeo, and assessments by any taxing authority for the year 2014, and subsequent years; and
subsequent taxes and aeomoomenio by any taxing authority for prior years due to change in land usage or
mmnerahip, but not those \exae or assessments for prior years because ofan exemption granted to o previous
owner of the property under Section 11 r 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 Tmnns, conchionoand stipulations contained in Notice Establishing the Fort Worth Public Improvement
District No 11 dated March 10. 2003. recorded in Volume 16492. Deed Recondo, Tarrant County, Texas.
b Terms, Conditions and Stipulations contained in Oil, Gas and Mineral Lease dated June 71 2006, recorded
under Clerk's File No.. D200201888. Deed Reoo,dm, Tarrant County, Texoo, by and between Spencer Hodge.
ao Lessor,and Dale Resources, LLC`aeLessee. (Tract 1)
o An oil and gas lease for the term therein provided with certain oovenants, conditions and pmvisions,
together with easemen1a. if any, as set forth therein.
Dated: August 21, 2006
Lessor: Union Pacific Railroad Company
Lessee: Dale Resources, LLC.
Recording Date: October 4,2000
Recording No: under Clerk's File No. D2O631177S. Deed Records, Tarrant County, Texas
(Tract 2)
FDTX0718 rdw Owners Policy T-1 (Schedule B)(2014)
Policy No: 3330843-TX—SpC-1-ATO0ODO18321
File No ALOAL18-AAOD0OO16321
SCHEDULE B
(continued)
U Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating
thereto as set forth in the document
Recording No : in Volume 14593. Page 155, Deed Reconde, Tarrant County, Texas
Said mineral interest not traced subsequent to the date of the above-cited instrument (Tract 2)
e A lease with certain honnm, covenants, conditions and provisions set forth therein-
Dated: January 22' 201O
Lessor: Spencer Hodge
Lessee: Dale Property Gemicea. LLC
Recording Date: February 1.2O11
Recording No: under Clerk's File No., D210022613, Real Property Records, Tarrant County, Texas
Affects Tract 1
f Section 14oy the Conditions of this policy io hereby deleted.
porxona rd° owners Policy T-1 (Schedule B)(2014)
Policy No : 3 1-AJOOOOO1b32i
File No : ALDAL18-AJ0000016321
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 (m) Any law, ondinanoe, pamnit, or governmental regulation (including those na|eUnQ 0o building and zoning)
matdubng, regulating, prohibiting, or relating to
(i) the occupancy, use, nr enjoyment of the Land;
(ii) the character, dimensions,or location of any improvement erected on the Land;
(iii) subdivision nfland� or
(iv) environmental protection;
or the effect oy any violation of these |aws, ordinances,or governmental regulations. This Exclusion 1(o)
does not modify or limit the coverage provided under Covered Risk
(b) Any governmental police power, This Exclusion i(b) does not modify or limit the coverage provided under
Covered Risk G
2 Rights of eminent domain, This Exclusion does not modify orlimit the coverage provided tinder Covered Risk 7or
O
3 Defects, Uenn, enoumbranoas, adverse claims, or other matters
(a) created, suffered, assumed,or agreed toby the Insured Claimant;
(b) not Known kz the Company, not recorded in the Public Records at Date ofPolicy, but Known to the Insured
Claimant and not disclosed in writing to the Company bythe Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting inno loss or damage bo the Insured Claimant;
(d) attaching or created subsequent 0o Date cf Policy(hmwever, this does not modify orlimit the coverage
provided under Covered Risk 3 and 1D);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 daim, by reason of the operation of federal bankruptcy, state \noo|vency, or similar creditors'rights lawo, that
the transaction vesting the Title aa shown in Schedule A. is:
(a) e fraudulent conveyance orfraudulent transfer; or
(b) o preferendal transfer for any reason not stated in Covered Risk Oofthis policy,
5 Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or
attaching between Date o[Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title an 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.
m*"ers*��r-1 Jacket(Exclusions from cm=�o*)(2uw)
porxono,�w
Policy No : 3339843-TX—SPC'1,ATUOOOO16321
File No : ALDAL18-AJ0000016321
CONDITIONS
1 DEFINITION OFTERMS.
The following terms when used in this policy mean:
(e) "Amount cf)nounenca^: the amount stated in Schedule A. em may ba 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 ofPo|icy': The date designated aa"Date o[Policy" in Schedule A
(c) "Entity": Aooqpombon. partnership, 1mot. limited liability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule
(i) The term ''|nuured~also includes
(A) successors to the Title o[the Insured by operation cf>ovveudistinguiohadhnmpurchoso.
including hairo, deviseeo, oumivnm, personal representatives or next ofkin;
(B) successors to an Insured by dissolution, mnrgnr, nonmo\idehon, diatdbuUon, or reorganization:
(C) successors to an Insured by its conversion to another kind of Entity;
(D) o grantee of an Insured under deed delivered without payment of actual valuable
consideration conveying the Title;
(1) |f the stock, aheres, memberahipa, or other equity interests ufthe grantee are
wholly-owned by the named Insured,
(2) |[the grantee wholly owns the named Insured,
(3) If the grantee is wholly-owned by an affiliated Entity o[the nomad /nsured, provided the
aMi|iebad Entity and the named Insured are both wholly-owned by the ouma person or
Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument
ao(ab|/ohod by the Insured named in Schedule A for estate planning purposes.
()i) With regard to(A), (B). (C). and (D)reserving, however,all rights and defenses eoho any successor
that the Company would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming |000 ordemoge
(f) ~Know|edge^or^Known": actual knmm|edge, 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) "Lond": the land described inSchedule 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
righ\. UUe, interest, estate or easement in abutting oireoto, medo' avenues, alleys, lanes,ways or waterways,
but this does not modify orlimit the extent that a right cf access ho and from the Land is insured bythis
policy
(h) "Mortgage": mortgage, deed of tma(, trust deed, or other security instrument, including one evidenced by
electronic means authorized bylaw
(i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting
constructive notice of matters relating to noa\ property to purchasers for value and without Knmwledger 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.
�)
"Title": the estate or interest described inSchedule A.
(k) "Unmarketable Title": Title affected by an alleged orapparent matter that would permit prospective
purchaser ur lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or
tend if there is a contractual condition requiring the delivery of marketable title
ponmruo/uw owno/s Policy T-1 J"omm(Conditions) (zow)
Policy No : 3339843-TX--SPC-I-AT0000016321
File No.: ALDAL18-AT0000016321
CONDITIONS
(Continued)
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 therefore, 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 loan 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, 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.
FDTX0726 rdw Owner's Policy T-1 Jacket(conditions)(2014)
Policy No : 3339843-Tl(—SPC-1-AT0000018321
File No.: ALDALIO'AT0000D18321
CONDITIONS
(Continued)
(b) The Company shall have the right, in addition Uz the options contained in Sections and 7, e1 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.
(o) 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 8nal 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.
G, DUTY OF INSURED CLAIMANT TOCOOPERATE.
(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 0m uoe, at its ophon, 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 \enn|no\e, including any liability or obligation 0o 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 pmducefor examination, inspection and copying, at such
reasonable Umom and places as may be designated by the au\hohzed representative of the Company, all
mconds, in whatever medium maintained, including books, }odgero, checks, memonenda, corespondence,
reporto, e'maUs. disks. \apes, and videos whether bearing a date before urafter Date ofPolicy, that
reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the
Company. the Insured Claimant shall grant its permissinn, in whhng, for any authorized representative of the
Company bm examine, inspect and copy all of these records in the custody or control ofa third party that
reasonably pertain to the loss ordamage All information designated os 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 noAu|ahon, ohoU terminate any liability of the Company under this policy as to that
claim
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case ofaclaim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount ofInsurance
To pay or tender payment of the Amount of Insurance tinder 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 Vopay
Upon the exercise by the Company of this option, all liability and obligations of the Company 0o the Insured
under this po|icy, other than to make the payment required in this subsec§on, shall terminate, including any
liability or obligation 8a defend, prosecute, or continue any litigation.
po/xmxsmw owno/, Policy r1 Jacket (Conditions)(2014)
Policy No..: 3339843-TX--SPC-1-AT0000016321
File No : ALDALI8-AT0000016321
CONDITIONS
(Continued)
(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 lass 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 tap to the time of payment and that the Company is obligated to pay.
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.
FDTX0726 rdw Owner's Policy T-1 Jacket(conditions)(2014)
Policy No : 3339843-TX--SPC-I-AT00000 1 632 1
File No.: ALDAL18-AT0000016321
CONDITIONS
(Continued)
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..
(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.
FDTX0726 rdw Owner's Polley T-1 Jacket(Conditions)(2014)
Policy No.: 3339843-TX--SPC-I-AT0000016321
File No : ALDAL 1 8-AT00000 16321
CONDITIONS
(Continued)
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 therefor 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 to the Company under this
policy must be given to the Company at PO Box 45023, Jacksonville, FL 32232-5023.
FDTX0726 rdw Owners Policy T-1 .Jacket (Conditions) (2014)
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una
queja:
You may call Alamo Title Insurance's Usted puede Ilamar al numero de telefono
toll-free telephone number for information gratis Compania de Sequros de Titulo de
or to make a complaint at: Alamo Title Insurance's para informacion o
800-654-7041 para someter una queja al:
800-654-7041
You may also write to Alamo Title Usted tambien puede escribir a Compania
Insurance at: Seguros de Titulo de Alamo Title Insurance:
Attention: Claims Department Attention: Claims Department
P O Box 45023 P.O. Box 45023
Jacksonville, FL 32232-5023 Jacksonville, FL 32232-5023
You may contact the Texas Department of Puede comunlcarse con el Departamento de
Insurance to obtain information on companies, Seguros de Texas para obtener Informacion acerca
coverages, rights or complaints at: de companias,coberturas,derechos o quejas al:
800-252-3439 800-252-3439
You may write to the Texas Department of Puede escribir al Departmento de Seguros de
Insurance: Texas:
PO Box 149104 PO Box 149104
Austin, TX 78714 Austin, TX 78714
512-475-1771 512-475-1771
Web: hitp://www.tdi.texas.gov Web:http://www.idi.texas,gov
E-mail:ConsumcrProtcction @.tdi.tcxas gov E-mail:Consume rProtcction @ tdi.texas.gov
PREMIIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O REC OS:
Should you have a dispute concerning your SI tiene una disputa concerniente a su prima o a un
premium or about a claim you should contact the reclamo,debe comunlcarse con la compania
company first. If the dispute is not resolved,you primero. Si no se resuelve la disputa, Puede
may contact the Texas Department of Insurance entonces comunicarse con el departamento(TDI)
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA:
This notice is for information only and does not Este aviso es solo para proposito de informacion y
become a part or condition of the attached no se convierte en parte o condicion del documento
document. adjunto
Important Notice
FDTX0630 rdw Effective VY2014