HomeMy WebLinkAboutContract 47364 Page 1 of 6
D215277818 12114120115110:46AMPGS6 Fee: $36.00 Submitter:XEROX COMMERCIAL SOLUTIONS
Electronically Recorded by Tarrant County Clerk in Official Public Records C44) Mary Louise Garcia
1 ,111 '"2'
NT Y SECRM E"
GMRACTM
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUNIENT THAT TRANSFERS AN INTEREST IN.,I REAL PROPERTY
BEFORE IT IS FILE]) FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED ALA J40 TITLE CoMpANy
Date-, December 9, 2015 GIF doe z2l F/Y;�
S-
Grantor:BODYCOTE THERMAL PROCESSING,INC.,A DELAWARE CORPORATION
Grantor's Mailing Address: 12700 Park Central Drive,Ste, 700,Dallas,Texas 76261
Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION
Grantee's Mailing Address:1000 THROCKMORTON,FORT WORTH,TARRANT COUNTY,TEXAS
Consideration:TEN AND NO1100--($10 00)--DOLLARS and other good and valuable consideration,the
receipt of which is hereby acknowledged and confessed;
Property(including any improvements)*
BEING A PORTION OF A TRACT OF LAND SITUATED IN THOMAS WHITE SURVEY,ABSTRACT NO, 1630,ROSS
HEIGHTS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS ON EXHIBIT"A"AND SHOWN ON EXHIBIT"B"ATTACHED HERETO AND
MADE A PART HEREOF FOR ALL PURPOSES,
Reservations from Conveyance:
A. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED
HEREFROM, ALL OIL, GAS AND OTHER MINERALS AND ROYALTIES
HERETOFORE RESERVED OR CONVEYED TO OTHERS AND GRANTOR
HEREBY EXCEPTS AND RESERVES UNTO GRANTOR, GRANTOR'S HEIRS
SUCCESSORS AND ASSIGNS FOREVER, ALL REMAINING OIL, GAS AND
OTHER MINERALS IN AND UNDER AND THAT MAY BF PRODUCED FROM THE
LANDS DESCRIBED HEREIN. IF THE MINERAL ESTATE IS SUBJECT TO
EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION
INCLUDES THE- PRODUCTION, THE LEASE AND ALL BENEFITS FROM IT,
GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF
THE GRANTOR AND TIDE GRANTOR'S HEIRS, SUCCESSORS. AND ASSIGNS,
ALL RIGHTS OF INGRESS AND EGRESS, AND ANY AND ALL OTHER RIGHTS
OF EVERY KIND AND CHARACTER WHATSOEVER,TO ENTER UPON AND USE
ANY PART OF THE SURFACE OF THE SUBJECT PROPERTY FOR ANY PURPOSE
INCIDENT TO EXPLORING FOR, DEVELOPING, DRILLING FOR, PRODUCING,
TRANSPORTU\TG,MINING,TREATING,OR STORING THE OIL,GAS AND OTHER
MINERALS IN,ON,AND UNDER THE SUBJECT PROPERTY.
Pale 1 of'4
Dm 1996510
2
11 CITY SECRE11"ARY
FT WOR`111,il� TX
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE, IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED ALAW,)
'()MRA NY
Date: December 9, 2015 C4
Grantor: BODYCOTE THERMAL PROCESSING,INC.,A DELAWARE CORPORATION
Grantor's Mailing Address: 12700 Park Central Drive, Ste, 700, Dallas,Texas 75251
Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION
Grantee's Mailing Address: 1000 THROCKMORTON, FORT WORTH,TARRANT COUNTY,TEXAS
Consideration:TEN AND NO/1 00---($10.00)---DOLLARS and other good and valuable consideration,the
receipt of which is hereby acknowledged and confessed;
Property(including any improvements):
BEING A PORTION OF A TRACT OF LAND SITUATED IN THOMAS WHITE SURVEY,ABSTRACT NO, 1636,ROSS
HEIGHTS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS ON EXHIBIT"A"AND SHOWN ON EXHIBIT"B"ATTACHED HERETO AND
MADE A PART HEREOF FOR ALL PURPOSES.
Reservations from Conveyance:
A. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED
HEREFROM, ALL OIL, GAS AND OTHER MINERALS AND ROYALTIES
HERETOFORE RESERVED OR CONVEYED TO OTHERS AND GRANTOR
HEREBY EXCEPTS AND RESERVES UNTO GRANTOR, GRANTOR'S HEIRS
SUCCESSORS AND ASSIGNS FOREVER, ALL REMAINING OIL, GAS AND
OTHER MINERALS IN AND UNDER AND THAT MAY BE PRODUCED FROM THE
LANDS DESCRIBED HEREIN. IF THE MINERAL ESTATE IS SUBJECT TO
EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION
INCLUDES THE PRODUCTION, THE LEASE AND ALL BENEFITS FROM IT.
GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF
THE GRANTOR AND TILE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS,
ALL RIGHTS OF INGRESS AND EGRESS, AND ANY AND ALL 01-IIER RIGHTS
OF EVERY KIND AND CHARACTER WHATSOEVER, TO ENTER UPON AND USE
ANY PART OF THE SURFACE OF THE SUBJECT PROPERTY FOR ANY PURPOSE
INCIDENT TO EXPLORING FOR, DEVELOPING, DRILLING FOR, PRODUCING,
TRANSPORTING,MINING,TREATING, OR STORING THE OIL,GAS AND OTHER
MINERALS IN, ON,AND UNDER THE SUBJECT PROPERTY,
Page I of 4
0 F'F I C I A I., R E C 0 FRI D.1996510
COTY SECRETARY
F IF MAC)RTH, I
rx
...........
B. NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TOPREVENT
THE GRANTOR, OR THE GIlAyJIOD`8 HEIRS, SUCCESSORS, OR ASSIGNS,
FROM DEVELOPING 0RyR00JCINGIBB OIL,GAS AND OTHER MINER ALS IN
AND UNDER THE SUBJECT PROPERTY DYPOOLING ORQl, DIRECTIONAL
DRILLING UNDER THE SUBJECT PROPERTY FROM WELL SITES LOCATED ON
TRACTS OUTSIDE THE SUBJECT PROPERTY.
Exceptions to Conveyance and Warranty:
THIS CONVEYANCE l8 EXECUTED, DELIVERED AND ACCEPTED SUBJECT ?OAD
VALOREM TAXES FOR THE CURRENT YEAR, ROLLBACK TAXES DUE T0 THIS
CONVEYANCE 0l GRANTEE'S USE 0FT8b8DDJBCTyR0PER[Y, MAINTENANCE
FUND LIENS, ZONING ORDINANCES, D7][IIY DISTRICT ASSESSMENTS AND
STANDBY FEES, Iy ANY, ANY AND ALL VALID UTILITY EASEMENTS CREATED BY
THE DEDICATION DEED OR PLAT OF THE SDQDD/IS{D0 IN VYDICD SAID DEAL
PROPERTY I8 LOCATED, RECORDED EASEMENTS, MINERAL, RESERVATIONS AND
LEASES,RESTRICTIONS,COVENANTS, CONDITIONS, RIGHTS DFWAY EASEMENTS,
IF ANY, AFFECTING THE HEREIN DESCRIBED PROPERTY BUT ONLY TO THE
EXTENT THE SAME ARE VALID AND SUBSISTING:
Under Subchapter E of Chapter 21 of the Texas Property Code, as amended, the Grantor or the
Grantor's heirs, successors, m assigns may be entitled hoforede1O m
anniversary ofthe date of
this acquisition to repurchase the property or request certain information about the use and any
octnu| progzcaa made tuvand the use for which the property was aogujnsd under this
doed/euacm*ut/onmncd instrument, and the repurchase price will bothe price Grantee paid Grantor
in this mcgoinidnu.
Grantor, for the consideration and subject to the Reservation ftomConveyance and Exceptions to
Conveyance and Warranty, grants, xo}|u, and conveys to (}rwnioe the property, i0g*|ber with all
and singular the rights and appurtenances dzcroLo in any wise belonging, to have and bnid it to
Grantee,Grantee's heirs,executors,administrators,successors, or assigns forever. Grantor hereby
binds Grantorand Grantor's heirs,executors,administrators,and successors to warrant and forever
defend all and singular the property to Grantee and (}ruotoo"a heirs, cuccntoza' administrators,
onu000uozx mid uooigns, against every person nhwzoaucvcclaw-fully claiming ortuclaim the same
or any part thereof,except as to the Reservation-,ftom Conveyance and Exceptions to Conveyance
and Warranty, when the claim ioby, through, ur under Grantor,but not otherwise.
When the context requires, singular nouns and pronouns include the plural.
Page 2o[4
mn/pno5'v|
GRANTOR: BODYCOTE TN RMAL ?ROCESSING, INC., A
„ RATION � .
DELAWARE COR
'k'"t'
BY:
ACCEPTED AND AGREED TO:
CITY O FART WORT�.
.m.
,m
S a Alanis, Assistant City Manager
APPRO
S TO'F�0R A D I,rX,ALITY
LZ
Chris(o
r
pher Mosley, ant C'
µ k „ 0
nowledgment)
�rc3rasrey00gy�
TIIE STATE OF TEXAS`"
COUNTY OF ,f t- "t ,
This instrument was acknowledged before me on the -lydayof .tm",t
, 20��,by ty , Assistant City Manager of the City of Fort
Worth, a Texas home rule municipal corporation on behalf of said City of Fort Worth.
_
..... Notary Public, State of Texas
.�.0 �"PS�m+5P5x. R 'M rY.,TYS
l iM M H in HLINGM Notary's Name(printed):
°µ My c;C10,lylUN ;;I�Ip Notary's commission expires:
pp P. p 1
wb'4y9P@ 1wi4'*�PaaWBr' .� a:Aat,6M3tr�a*iL'.'ifh..—,.m.,.IIwAH�m31:c�lP,.�Fk
Page 3 of 4
„ Dm 19965 J v]
' li IRdI Sah C U
(Acknowledgment)
THE STATE OF TEXAS
COUNTY OF Q4,1---LA!5
This instrument was acknowledged before me on the day of ` ? r
20 Prr,eSide-Yd OF CC)
by -1-how1p, 0 b bo n s e Y'VYICA.,
ON BEHALF OF SAID
CU L
Notary Publ , State of Texas
SMI F H,
Notary's-y's Name(printed):
S7ATE OFTEXAS Notary's commission expires:
NOTICE: This document affects your legal rights. Read it careftilly before signing.
AFTER RECORDING RETURN TO:
CITY OF FORT WORTH,A MUNICIPAL CORPORATION
c/o JENNIFER HALL, SR/WA
TEAGUE NALL AND PERKINS
1 100 MACON STRET-7
FORT'WORTH,TEXAS 76102
F F1 C I A,L R E C 0 R 0
CITY
Page 4 of 4
Dm199651vi
EXHIBI T "A 1)
A BOUNDARY SURVEY OF TRACTS 1 AND 2
ROSS HEIGHTS ADDITION
PROPERTY DESCRIPTION
TRACT 2
BEING a tract of land situated in the Thomas White Survey, Abstract No, 1636, City of Fort Worth, Tarrant County,
Texas, being all of Lot 2, Block 18 Ross Heights, an addition to the City of Fort Worth, according to the plat
recorded in Volume 310, Page 32, Plat Records, Tarrant County, Texas, that portion of Lot 1, Block 18 of said
Ross Heights Addition, excluded from the right—of—way deed to the City of Fort Worth, recorded in Volume 3094,
Page 97, Deed Records, Tarrant County, Texas, being that portion of half of a 15' Alley in Block 18 of said Ross
Heights Addition, Vacated by City of Fort Worth Ordinance No. 3228, recorded in Volume 3228, Page 9, Deed
Records, Tarrant County, Texas, being all of that certain tract land as described by deed to PW TWO, Inc.,
recorded In Volume 10458, Page 1507, Deed Records, Tarrant County, Texas and the name was amended with the
Secretary of State for Texas, with an effective date of May 20, 1976 to Bodycote Thermal Processing, Inc., said
tract of land being more particularly described by metes and bounds as follows:
Beginning at an 1" iron rod found In the east right—of—way line of Montgomery Street (a variable width
right—of—way), the south right—of—way line of Bryce Avenue (a 50' width right—of—way), the new northwest corner
of Lot 1, Block 18 of said Ross Heights Addition and the northeast corner of that certain tract of land as
described by right—of—way deed to the City of Fort Worth, recorded in said Volume 3094, Page 97;
THENCE South 89'35'31" East, departing the east right—of—woy line of said Montgomery Street and with the south
right—of—way line of said Bryce Avenue, a distance of 90.00' to a 1/2" iron rod with yellow cup stamped
"BRITTAIN & CRAWFORD" found for the northeast corner of Lot 2, Block 18 of said Ross Heights Addition;
THENCE South 00*35"31" East, departing the south right—of—way line of said Bryce Avenue with the east line of
said Lot 2, Block 18, Ross Heights Addition, a passing distance of 120.00 feet to the southeast corner of Lot 2,
Block 18 of said Ross Heights Addition and continuing for a total distance 127,50 feet to a 5/8" iron rod with
yellow cap stamped "DUNAWAY ASSOC. LP" set in the center of said 15' utility easement (Formerly center of 15'
Alley);
THENCE North 89*35'31" West, with the center of said 15' utility easement, a distance of 90.00 feet to a point
for the new southwest corner of Lot 1, Block 18 of said Ross Heights Addition, in the east right—of—way line of
said Montgomery Street and from which a 1" iron rod found, bears, South 67'07'08" West, a distance of 0.25 feet;
THENCE North 00*35'31" West, with the east right—of—way—lie of said Montgomery Street, a passing distance of
7,50' feet to the new southwest corner of Lot 1, Block 18 of said Ross Heights Addition, the southeast corner of
that certain tract of land as described by right—of—way deed to the City of Fort Worth, recorded in said Volume
3094, Page 97 and continuing with the east right—of—way line of said Montgomery Street for a total distance of
127.50 feet to the POINT of BEGINNING containing a calculated area of 11,473 square feet or 0,263 acre of land,
NOTES: The basis of bearings for this Survey Is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements,
according to the GPS Reference Network.
The metes and bounds description contained herein was based from an actual Survey on the ground.
A drawing of even date accompanies this metes and bounds description.
DUNAWAY JOB NO. 80001706.002 PAGE 2 OF 3
EXHIBIT"A"
StepherfIR.Glosup
Registered Professional Land Surveyor e
Z F
Texas Registration No.5570
N
A BOUNDARY SURVEY
March 19 2015 0 OF TRACT 2
A%V
STEPHEN R.GLOSUP
UNAWA
............. A PART OF
BLOCK 18, ROSS HEIGHTS ADDITION
DY
An addition to the City of Fort Worth,
550 Dailey Avenue •Suite 400•Fort Worth,Texas 76107
according to the plat recorded In Volume 310,
Tel:8 17.335.1121• Fox:817.335.7437
FIRM REGISTRATION 10098100 Page 32, Plat Records, Tarrant County, Texas.
.................. ——————— ......
OFFICIAL RR,'14ROE'.)
IT Y S E rz,,lflf%1,''t Y
TX
EXHIBI T "B
A BOUNDARY SURVEY OF TRACTS I AND 2
RO SS HEIGHTS ADDITION
I BLOCK 18
o ROSS HEIGHTS
VOLUME 310, PAGE 32
o P.R T.C.T.
Q w i 20 19 18 17 16 15 14 13 12 11 0 100'
o r
DEXTER AVENUE SCALE FEET
N (50' WIDTH RIGHT—OF—WAY) 1"= 100'
o I ASPHALT PAVING S89"35'31"E 436.30'
a
CL
1
a HINDERUTER HEAT TREATING, INC. '?
re VOLUME 10110, PAGE 1759
1100'18'44 EL D.R.T.C.T. roc" I'll t5i
10.00"I 1 A 3 4 5 8 7 8 g 10 0m -
I ALLY VACATED BY ORDI ANGE NO o o _
451 (V, 360 , PAGE 21 D.R,T.C.T. �0 a chi
N06'17 14 E R TAINED A UTILITY SEMENT ALLE VACATED BY Ii U J UJ a
"
ORDINANCE 110. 885 rg A
15.06' I _. _ ..VOLUME,. x" — _12 ... _..._w._ .,... z
MAG NAIL WITH _u ,� .....,... 0 R T OL.(1t' 1 5 „ ,, .. °
SHINER STAMPED v Q fJ
"DUNAWAY EASE ENT OA! COMPANII ROSS I E1G'I11TS a "2 , (1
ASSOC, LP" SET I UM
OL� E 31 PA
VOLJ E 3619, AGE 386 GE 3
1 D.R.TC,T" 111,838 so, FT. / 2.5 7 ACRES P.R. .C,T„
1100'35'31'W a�
120.001 20 19 18 17 16 15 14 13 12 0 U.
TEXAS UTILITtE. ELECTRIC COMPANY o
15x1.5" UTILITY ASEMEEhIT 11
Q;C.D. NO D 99013812 o
Poll D,R T.C.T.
TRACT 1
440.00' BRYCE AVENUE
POS L1 (50' WIDTH RIGHT-OF-WAY)
TRACT DIRCOTIONAL CONTROL LINE ASPHALT PAVING
FOUND 1'IRON ROD 11..«
(CM) 1 TR CT 2 FOUND 1/2
11,473 S0. FT. IRON ROAD WITH BW„1C';K 18 CITY F FORT
0.26 ACRE YELLOW CAP ROSS HEIGHTS WORTH, TEXAS
STAMPED VOLUME 310, PAGE 32 C.C.D. NO.
"BRITTAIN & P,R.T.C.T. 0 21 41 05521
3 1 PW 0, INC. CRAWFORD" (CM) O.R.T.C.T.
I L`1 VOLUME 10458, I 5 6 7 8 9 10
� I PAGE 1507 3 4 ALLEY VACATED BY ORDIN NCE NO.
427, PAGE 9 D.R.T.C.T.)
AS 11LfTY EA EMENT
w Z2 a 1 1D,RTNC�?-._.,,w.__ 3RETlNE4. m. ._ ._.. ._._ _.......,_.....
._._...__.. ._..µ
O FOUND 1° IRON EVENT FACILITIES TORT WOR1, INC. ..,,.r....v....._W. _ .,—
O ®< WHICH BEARS C.C.D. NO 0205382397 I
2i a 1 S67'07'08"W 0.25' D,R,T(C,T,
20 I 19 1 18 ( 17 16 I 15 14 13 12 11
HINDERUTER HEAT TREATING, INC. NAME WAS AMENDED WITH THE SECRETARY OF THE STATE OF
TEXAS, NTH AN EFFECTIVE DATE OF MAY 20, 1976 TO BODYCOTE THERMAL PROCESSING, INC.
PW TWO, INC. NAME WAS AMENDED WITH THE SECRETARY OF THE STATE OF TEXAS, WITH AN
EFFECTIVE DATE OF MAY 20, 1976 TO BODYCOTE THERMAL PROCESSING, INC. /( OF
= 5/8" CAPPED IRON ROD STAMPED 'DUNAWAY ;1 S1X
ASSOC. LP" SET UNLESS OTHERWISE NOTED ' ............
°
Line Table (CM) = CONTROLLING MONUMENT STEPHEN P"GL.OSUP "
s
Number Bearing Distance C,C,D, N0, = COUNTY CLERK'S DOCUMENT NUMBER iy�15570w¢x°°.
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXASftaR1*'"1^G""
11 S89'35'31'E _.. w 90.00' SIJ !
L2 S00'3531 E E 127 501 P'R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS
L3 N89'35'31'W 90.00'
L4 NOD'35'31"W 127.50'
A metes and bounds description of "DUNAWAY
even date accompanies this drawing. 559 Bailey Avenue •suite 400-Fort Worth,Texas 75107
Tel:817,335.1121" Fox:817.335,7437 PAGE 3 OF 3
MARCH 19, 2014
FIRM REGISTRATION 10048100
��
NAWAY JOB NO. 8001706.002
RECORD
d,.. ..
Alamo Title Company
2900 South Hulen Street,Suite 30,Ft Worth,TX 76109
Phone:(817)370-7393 1 FAX:(817)370-6131
MASTER STATEMENT
Settlement Date: December 9,2015 Escrow Number: ATD-18-6000181501805
Disbursement Date: December 9,2015 Escrow Officer: Lavonne Keith
Buyer: City of Fort Worth(100.00000%)
1000 Throckmorton
Fort Worth,TX 76102
Seller: Bodycote Thermal Processing,Inc.(100.00000%)
2025 Montgomery-Tract 2
Fort Worth,TX 76107
Property: 2025 Montgomery-Tract 2
Fort Worth,TX 76107
Thomas White Survey-Tract 2
SELLER BUYER
$ DEBITS $ CREDITS $ DEBITS $ CREDITS
FINANCIAL CONSIDERATION
675,000.00 Contract sales price 675,000.00
PRORATIONS/ADJUSTMENTS
7,500.00 Moving Expenses paid by City 7,500.00
TITLE&ESCROW CHARGES
Title services and lender's title insurance 50.95
RE:Tax Certificate
Alamo Title FBO National TaxNet
Title services and lender's title insurance 6.50
RE:E Recording Fee
Alamo Title Company
Settlement or closing fee 375.00
RE:Escrow Fee
Alamo Title Company
Owner's title insurance 4,061.00
Alamo Title Company
Policies to be issued:
Owners Policy
Coverage: $675,000.00 Premium:$4,061.00
Version: Owner's Policy of Title Insurance(T-1)-
2014
RECORDING CHARGES
Government recording charges 36.00
Alamo Title Company
MISCELLANEOUS CHARGES
2,500.00 2015 property taxes-approximate
Tarrant County Tax Collector
2,500.00 682,500.00 Subtotals 687,029.45
Balance Due FROM Buyer 687,029.45
680,000.00 Balance Due TO Seller
682,500.00 682,500.00 TOTALS 687,029.45 687,029.45
APPROVED and ACCEPTED
Buyer and Seller understand 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.The undersigned hereby authorizes Alamo Title Company to make expenditures and disbursements as shown and
approves same for payment.The undersigned also acknowledges receipt of loan funds in the amount shown above and a receipt of a
copy of this Statement.
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of Q ...
all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the
Settlement Statement. ""AR cif,
SELLER: BUYER: Hsi i'ow�w f
l " T Bod cote ermaP c City 0 F'ork Wrt
�
S sap lapis yp )Y
m � As ista�t City Manager laPt�� �rr1`r! pryg
�� , y f�N�y
6'
" v , i� . �.
Pagel of 2 (6000181501805/36)December 07,2015 1:51 PM C
Master Statement, Legal -Continued
Tolth best of my knowledge,the Settlement Statement which I have prepared is a true and accurate account of the funds which were
receive and have been rWI 7disbur ed by the undersigned as part of the settlement of this transaction.
I
Al o Title Comperhy
Settlement Agent
RECORD
v
rx
Page 2 of 2 (6000181501805/36)December 07,2015 1:51 PM C
b�
Policy OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued By: Policy Number:
100 i -,�/ Alamo Title Insurance
Any nut|ow of claim and any other notice or statement in writing required to be given the Company under this
Policy must ba given tothe Company mt the address shown in Section 18of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS, ALAMO TITLE INSURANCE, a Texas corporation (the"Company") insures, as of
Date of Policy and, to the extent stated in Covered Risks Q and 10. after Date of Policy, against |ouo or dumago, not
exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than oo 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 o transfer orconveyance;
(iii) o document effecting Title not properly created, executed, witnenaod, oee|od, aoknmw|edged, notarized or
delivered;
(iv) failure to perform those acts necessary to un*aha 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 0o perform those
nute by electronic means authorized by law; or
(vii)e defective judicial ur administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by governmental authority due or payab|m, but
unpaid.
(o) Any encroachment, enoumbnonno, vio|adon, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroach mont" includes
encroachments of existing improvements located on the Land onto adjoining |end, and encroachments onto the
Land of existing improvements located on adjoining land.
(d) Any statutory or constitutional mechanin'o, oontmcto/o, or mmhmria|mun'o lien for labor or mahmha|e having its
inception onorbefore Date ofPolicy.
3. Lack of good and indefeasible Title.
4. No right of access tu and from the Land.
5. The violation or enforcement of any |aw, ordinanoe, pormit, or governmental regulation (including those relating to
building and zoning) naatriodng, 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;
(n) subdivision ofland; or
(d) environmental protection
if notioo, describing any part ofthe Lond, 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.
8. An enforcement action based on the exercise of governmental police power not covered by Covered Risk 5 if
notice of the enforcement aotion, describing any part of the Land, is recorded in the Public Reuunda, but only to the
extent ofthe 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.
(,"PFFICIAli., RECORD
ALAMO TITLE INSURANCE POLICY NO.: 6000181501805-0
(continued)
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 Insurance
By:
President
Attest:
Joseph Love Secretary
FORM T-1: Owners Policy of Title Insurance(01/03/14) TX----SPS-3339843-1-15-6000181501805
ALAMO TITLE INSURANCE POLICY NO.: 6000181501805-0
(continued)
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.
FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX----SPS-3339843-1-15-6000181501805
ALAMO TITLE INSURANCE POLICY NO.: 6000181501805-0
OWNER'S POLICY OF TITLE INSURANCE (T-1)
SCHEDULE A
Name and Address of Title Insurance Company:
Alamo Title Insurance
P.O. Box 45023
Jacksonville, FL 32232-5023
GF No.: ATD-18-6000181501805
Policy No.: 6000181501805-0
Address for Reference only: 2025 Montgomery-Tract 2, Fort Worth, TX 76107
Amount of Insurance: $675,000.00
Premium: $4,061.00
Date of Policy: December 14, 2015 at 10:46 AM
1. Name of Insured:
City of Fort Worth, a municipal corporation
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
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 EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX---SPS-3339843-1-15-6000181501805
EXHIBIT "A "
A BOUNDARY SURVEY OF TRACTS ) AND 2
ROSS HEIGHTS ADDITION
PROPERTY DESCRIPTION
TRACT 2
BEING a tract of land situated in the Thomas White Survey, Abstract No. 1636, City of Fort Worth, Tarrant County,
Texas, being all of Lot 2, Block 18 Ross Heights, an addition to the City of Fort Worth, according to the plat
recorded in Volume 310, Page 32, Plat Records, Tarrant County, Texas, that portion of Lot 1, Block 18 of said
Ross Heights Addition, excluded from the right—of—way deed to the City of Fort Worth, recorded in Volume 3094,
Page 97, Deed Records, Tarrant County, Texas, being that portion of half of a 15' Alley in Block 18 of said Ross
Heights Addition, Vacated by City of Fort Worth Ordinance No. 3228, recorded in Volume 3228, Page 9, Deed
Records, Tarrant County, Texas, being all of that certain tract land as described by deed to PW TWO, Inc.,
recorded in Volume 10458, Page 1507, Deed Records, Tarrant County, Texas and the name was amended with the
Secretary of State for Texas, with an effective date of May 20, 1976 to Bodycote Thermal Processing, Inc., said
tract of land being more particularly described by metes and bounds as follows:
Beginning at an 1" iron rod found in the east right—of—way line of Montgomery Street (a variable width
right—of—way), the south right—of—way line of Bryce Avenue (a 50' width right—of—way), the new northwest corner
of Lot 1, Block 18 of said Ross Heights Addition and the northeast corner of that certain tract of land as
described by right—of—way deed to the City of Fort Worth, recorded in said Volume 3094, Page 97;
THENCE South 89'35'31" East, departing the east right—of—way line of said Montgomery Street and with the south
right—of—way line of said Bryce Avenue, a distance of 90.00' to a 1/2" iron rod with yellow cap stamped
"BRITTAIN & CRAWFORD" found for the northeast corner of Lot 2, Block 18 of said Ross Heights Addition;
THENCE South 00'35"31" East, departing the south right—of—way line of said Bryce Avenue with the east line of
said Lot 2, Block 18, Ross Heights Addition, a passing distance of 120.00 feet to the southeast corner of Lot 2,
Block 18 of said Ross Heights Addition and continuing for a total distance 127.50 feet to a 5/8" iron rod with
yellow cap stamped 'IDUNAWAY ASSOC. LP" set in the center of said 15' utility easement (Formerly center of 15'
Alley);
THENCE North 89'35'31" West, with the center of said 15' utility easement, a distance of 90.00 feet to a point
for the new southwest corner of Lot 1, Block 18 of said Ross Heights Addition, in the east right—of—way line of
said Montgomery Street and from which a 1" iron rod found, bears South 67'07'08" West, a distance of 0.25 feet;
THENCE North 00'35'31" West, with the east right—of—way—lie of sold Montgomery Street, a passing distance of
7.50' feet to the new southwest corner of Lot 1, Block 18 of said Ross Heights Addition, the southeast corner of
that certain tract of land as described by right—of—way deed to the City of Fort Worth, recorded in said Volume
3094, Page 97 and continuing with the east right—of—way line of said Montgomery Street for a total distance of
127.50 feet to the POiNT of BEGINNING containing a calculated area of 11,473 square feet or 0.263 acre of land.
NOTES: The basis of bearings for this Survey is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements,
according to the GPS Reference Network.
The metes and bounds description contained herein was based from an actual Survey on the ground.
A drawing of even date accompanies this metes and bounds description.
DUNAWAY JOB NO. B0001706.002 PAGE 2 OF 3
EXHIBIT"A"
Stephen il,GlosupwR
Registered Professional Land Surveyor OF A BOUNDARY SURVEY
Texas Registration No.5570 4�AiV,�"�
March 19,2015 °; ' OF TRACT 2
ff STEPHEN R.GLOSUP A PART OF
.a1ea.nW �a.o#0-26wa
DuNAWAY: m70 y�" BLOCK 18 ROSS HEIGHTS ADDITION
firso ;'
` '�){{ An addition to the City of Fort Worth,
550 Bailey Avenue• Suite 400•Fort Worth,Texas 76107 according to the plot recorded in Volume 310,
Tel:817.335.1121• Fax:817.335.7437 Page 32, Plat Records, Tarrant County, Texas.
FIRM REGISTRATION 10098100
C l. Y SE C R E 'll
I TM
P
ALAMO TITLE INSURANCE POLICY NO.: 6000181501805-0
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Policy No.: 6000181501805-0 GF No.: ATD-18-6000181501805
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. Item 1, Schedule B is hereby deleted.
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 title 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 or navigable or perennial rivers and streams, lakes,
bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government,or
C. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that
area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees,taxes and assessments by any taxing authority for the year 2015, 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. Easement(s)and rights incidental thereto, as reserved in a document;
Reserved by: City of Fort Worth
Purpose: As provided in said document
Recording Date: March 25, 1960
Recording No: in Volume 3427, Page 9, Real Property Records,Tarrant County,Texas
FORM T-1: Owners Policy of Title Insurance(01/03/14) TX---SPS-3339843-1-15-6000181501805
ALAMO TITLE INSURANCE POLICY NO.: 6000181501805-0
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(continued)
C. Interest in and to all coal, lignite, oil, gas and other minerals,and all rights incident thereto, contained in
instrument dated December 9, 2015, recorded December 14, 2015 at D215277818 of the Official Records
of Tarrant County,Texas,which document contains the following language Grantor, Grantor's heirs,
successors and assigns forever, all remaining oil, gas and other minerals in and under and that may be
produced from the lands described herein.. Reference to which instrument is here made for particulars.
No further search of title has been made as to the interest(s)evidenced by this instrument, and the
Company makes no representation as to the ownership or holder of such interest(s).
d. Section 14 of the Conditions of this policy is hereby deleted.
FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX---SPS-3339843-1-15-6000181501805
ALAMO TITLE INSURANCE POLICY NO.: 6000181501805-0
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 de-creased 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..
(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 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.
FORM T-1: Owner's Policy of Title Insurance(01103/14) TX---SPS-3339843-1-15-6000181501805
ALAMO TITLE INSURANCE POLICY NO.: 6000181501805-0
(continued)
(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,emails,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.
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 toss 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.
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.
FORM T-1: Owners Policy of Title Insurance(01/03/14) TX---SPS-3339843-1-15-6000181501805
ALAMO TITLE INSURANCE POLICY NO.: 6000181501805-0
(continued)
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 properly,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.
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.
FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX--SPS-3339843-1-15-6000181501805
ALAMO TITLE INSURANCE POLICY NO.: 6000181501805-0
(continued)
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 National Claims Administration,P.O.Box 45023,Jacksonville,FL 32232-5023.
FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX---SPS-3339843-1-15-6000181501805
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para presentar una
queja:
You may call Alamo Title Insurance's toll-free Usted puede Ilamar al numeeo de telefono gratuito
telephone number for information or to make a de Alamo Title Insurance's para obtener
complaint at: informacion o para presentar una queja al:
1-877-862-9111 1-877-862-9111
You may contact the Texas Department of Usted puede comunicarse con el Departamento de
Insurance to obtain information on companies, Seguros de Texas para obtener informacion sobre
coverages, rights, or complaints at: companies, coberturas, derechos, o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Usted puede escribir al Departamento de Seguros
Insurance: de Texas a:
P.O. Box 149104 P.O. Box 149104
Austin, TX 78714-9104 Austin, TX 78714-9104
Fax: (512)490-1007 Fax: (512)490-1007
Web: www.tdi.texas.gov Sitio web: www.tdi.texas.gov
E-mail: ConsumerProtection(@tdi.texas.gov E-mail: ConsumerProtection ?a.tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: DISPUTAS POR PRIMAS DE SEGUROS O
Should you have a dispute concerning your RECLAMACIONES:
premium or about a claim you should contact Si tiene una disputa relacionada con su prima de
the company first. If the dispute is not seguro o con una reclamacion, usted debe
resolved, you may contact the Texas comunicarse con la compania primero. Si la
Department of Insurance. disputa no es resuelta, usted puede comunicarse
con el Departamento de Seguros de Texas.
ATTACH THIS NOTICE TO YOUR POLICY: ADJUNTE ESTE AVISO A SU POLIZA:
This notice is for information only and does not Este aviso es solamente para propositos
become a part or condition of the attached informativos y no se convierte en parte o en
document. condicidn del documento adjunto.
Texas Form B-0023.07 Important Notice(06/01/15)