HomeMy WebLinkAboutContract 29136 SECRETARY
10-o7-n7 Poe : 10 �J.,TY
NTRACT NO. l �
NO.: ED-2003-00416-2
CITY OF FORT WORTH, § IN THE COUNTY COURT
Petitioner, §
V. §
SUSAN BONNER MEAD, AMY COLE §
GRIFFIN AND DON COLE TRUSTEES §
OF THE FOLLOWING TRUSTS: MARY §
JANE MARSHALL TRUST, MARTIN §
THOMAS COLE TRUST, WILLIAM §
RALPH COLE TRUST, JACK LEWIS § AT LAW NO. 2
COLE TRUST, VIRGINIA MYRLE COLE §
TRUST, ROBERT FRANK COLE TRUST; §
AND, MARY JANE MARSHALL TRUST; §
MARTIN THOMAS COLE TRUST; §
WILLIAM RALPH COLE TRUST; JACK §
LEWIS COLE TRUST; VIRGINIA MYRLE §
COLE TRUST; ROBERT FRANK COLE §
TRUST; DEVON GAS SERVICES, L.P., §
Defendants. § DENTON COUNTY, TEXAS
NEGOTIATED SETTLEMENT AGREEMENT
This agreement is made between the City of Fort Worth, by its authorized
Asistant City Manager ("City"), and Susan Bonner Mead, Amy Cole Griffin and
Don Cole Trustees of the Mary Jane Marshall Trust, Martin Thomas Cole Trust,
William Ralph Cole Trust, Jack Lewis Cole Trust, Virginia Myrle Cole Trust and
Robert Frank Cole Trust, Mary Jane Marshall Trust, Martin Thomas Cole Trust,
William Ralph Cole Trust, Jack Lewis Cole Trust, Virginia Myrle Cole Trust and
Robert Frank Cole Trust and Devon Gas Services, L.P. ("Cole Trusts").
Whereas, City filed suit against Cole Trusts in Cause Number ED-2003-
00416, City of Fort Worth vs. Susan Bonner Mead, Amy Cole Griffin and Don Cole
Trustees of the following trusts: Mary Jane Marshall Trust, Martin Thomas Cole
Trust, William Ralph Cole Trust, Jack Lewis Cole Trust, Virginia Myrlie Trust
Settlement Agreement Page I.;� '
a .. a. .
and Robert Frank Cole Trust; and Mary Jane Marshall Trust; Martin Thomas Cole
Trust; William Ralph Cole Trust; Jack Lewis Cole Trust; Virginia Myrle Cole Trust;
Robert Frank Cole Trust and Devon Gas Services, L.P., to condemn and acquire
the tracts and parcels of land described in the City's petition;
Whereas, three special commissioners were subsequently appointed to
preside over and to hear the parties to the proceedings to arrive at the fair-market
value of the land to be taken and the damages, if any, to the remainder;
Whereas, the special commissioners continued the hearing scheduled for
June 5, 2003;
Whereas, City and Cole Trusts agree bona fide disputes and controversies
exist between them; and
Whereas, City and Cole Trust desire (without the necessity of a special
commissioners' hearing) to compromise and settle any and all claims and causes
of action arising from the condemnation action brought by City;
Now, therefore, in consideration of the recitals set forth above, the mutual
promises and agreements made herein, and other valuable consideration, the
receipt and sufficiency of which is acknowledged, City and Cole Trusts agree:
1. Dismissal of Case. City and Cole Trusts agree that an agreed motion to dismiss
this case (in the form of the attached Exhibit A) will be presented to the court, dismissing
with prejudice all causes of action asserted by City. Further, City and Cole Trusts agree
an order of dismissal (in the form of the attached Exhibit B) will be presented to the court
to dismiss this case with prejudice to the rights of City to refile it, taxing court costs
against City. The motion and order will be executed contemporaneously with the
execution of this agreement and will be submitted to the court for rendition as soon as
Settlement Agreement Page 2
practicable after the signing of this agreement.
2. Deeds to be delivered. Cole Trusts at the signing of this agreement will
execute and deliver to City a deed (in the form attached as Exhibit C) that includes an
additional 100.06 acres of land beyond the 74.884 acres the City sought in its original
petition. The attached Exhibit D depicts the area conveyed in the deed. The City will
provide access to the Cole Trusts remaining property from Farm to Market Road 156
until such time as Farm to Market Road 156 is relocated onto Grantors' remaining
property and provides reasonable access to the remaining property. At that time, the
City's obligation to provide access to Grantors' remaining property shall terminate.
3. Parties Bound. This agreement shall be binding upon and inure to the
benefit of the parties to this agreement and their heirs, executives, administrators, legal
representatives, successors, and assignees, when permitted by this agreement.
4. Prior Agreements Superseded. This agreement constitutes the only
agreement of City and Cole Trusts for settlement of any claims for the fair-market value
of the Cole Trusts' land taken and for any damages to the remainder of the Cole Trusts'
land; and it supersedes any prior understandings and written or oral agreements
between them respecting the settlement of this case.
5. Texas Law to Apply. This agreement shall be construed under, and in
accordance with, the laws of the State of Texas, and all obligations of the parties
created by this agreement are performable in Tarrant County, Texas.
6. Legal Construction. If any of the provisions contained in this agreement
shall for any reason be held to be invalid, illegal, or unenforceable, the invalidity,
illegality, or unenforceability shall not affect any other provision of the agreement, and
Settlement Agreement Page 3
this agreement shall be construed as if the invalid, illegal, or unenforceable provision
had not been included in the agreement.
7. Amendment. No amendment, modification, or alteration of the terms of
this agreement shall be binding unless it is in writing, dated subsequent to the date of
this agreement, and duly executed by the CityandCole Trusts.
Executed and effective on at Fort Worth, Tarrant County,
Texas.
ATTEST:
THE CITY OF FORT WORTH THE COLE TRUSTS
�Z'f A .
Y•
Assistant ity Manager By:
Susan Bonner Mead, Trustee
Gloria Pearson
Cit Secretary
/ By:
A ole Griffin, Truste
Contract Authorization By•
Don Cole, Trustee
1.3t E
Settlement Agreement Page 4
APPROVED AS FORM AND LEGALITY:
stop er . Wsley
Assistant City Attorney
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
Tel: 817-871-7600
Fax: 817-871-8359
APPROVED AS TO FORM:
Mike driffin
218 North Elm Street
Denton, Texas 76201
Tel: (940) 383-1618
Fax: (940) 898-0196 fax
STATE OF TEXAS §
,EA17.0-it! §§
COUNTY OF
BEFORE ME, the undersigned authority, Notary Public in and for the State of
Texas, on this day personally appeared Susan Bonner Mead, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed, as the
act and deed of the City of Fort Worth, and in the capacity therein stated as its duly
authorized officer of representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30 day of
otary Public in and f to of Texas
a
MARTHA BOSLEY
Notary Public,State of Texas
%�pF......F My commission Expires 09-23-05
AH II11111
Settlement Agreement Page 5
STATE OF TEXAS §
COUNTY OF-q2g& D §
BEFORE ME, the undersigned authority, Notary Public in and for the State of
Texas, on this day personally appeared Amy Cole Griffin known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3,g9 day of
Notary Public in and f e tate of Texas
��?`•POs MARTHA BOSLEY
Notary Public,State of Texas
My Commission Expires 09-23-05
STATE OF TEXAS § of
COUNTY OF
BEFORE ME, the undersigned authority, Notary Public in and for the State of
Texas, on this day personally appeared Don Cole known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3o day of
o?a .
otary Public in and for a tate of Texas
MARTHA BOSLEY
Notary Public,State of Texas
+, ....•�+�;My commission Expires 09-23.05
iF011,,
Settlement Agreement Page 6
EXHIBIT A
NO.: ED-2003-00416-2
CITY OF FORT WORTH, § IN THE COUNTY COURT
Petitioner, §
V. §
SUSAN BONNER MEAD, AMY COLE §
GRIFFIN AND DON COLE TRUSTEES §
OF THE FOLLOWING TRUSTS: MARY §
JANE MARSHALL TRUST, MARTIN §
THOMAS COLE TRUST, WILLIAM §
RALPH COLE TRUST, JACK LEWIS § AT LAW NO. 2
COLE TRUST, VIRGINIA MYRLE COLE §
TRUST, ROBERT FRANK COLE TRUST; §
AND, MARY JANE MARSHALL TRUST; §
MARTIN THOMAS COLE TRUST; §
WILLIAM RALPH COLE TRUST; JACK §
LEWIS COLE TRUST; VIRGINIA MYRLE §
COLE TRUST; ROBERT FRANK COLE §
TRUST; DEVON GAS SERVICES, L.P. §
Defendants. § DENTON COUNTY, TEXAS
AGREED MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
The City of Fort Worth, petitioner, moves the Court for an order dismissing the
case against defendants. Both parties will show that all matters at controversy have
been fully and finally agreed upon and settled.
ThereFORE, petitioner and defendants request the Court to render an order
dismissing petitioner's suit with prejudice at petitioner's costs.
Ampp-H Mntinn Tn Ncmicc
Respectfully submitted,
DAVID L. YETT
City Attomey
State Bar No. 22153200
CHRISTOPHER B. MOSLEY
Assistant City Attorney
State Bar No. 00789505
Attorneys for Petitioner
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
Tel: (817) 871-7600
Fax: (817) 871-8359
MIKE GRIFFIN
State Bar. No. 08463000
Attorney for Defendants
COLE TRUSTS
218 North Elm Street
Denton, Texas 76201
Tel; (940) 383-1618
Fax: (940) 898-0196
Agreed Motion To Dismiss Page 2
EXHIBIT B
NO.: ED-2003-00416-2
CITY OF FORT WORTH, § IN THE COUNTY COURT
§
Petitioner, §
V. §
SUSAN BONNER MEAD, AMY COLE §
GRIFFIN AND DON COLE TRUSTEES §
OF THE FOLLOWING TRUSTS: MARY §
JANE MARSHALL TRUST, MARTIN §
THOMAS COLE TRUST, WILLIAM §
RALPH COLE TRUST, JACK LEWIS § AT LAW NO. 2
COLE TRUST, VIRGINIA MYRLE COLE §
TRUST, ROBERT FRANK COLE TRUST; §
AND, MARY JANE MARSHALL TRUST; §
MARTIN THOMAS COLE TRUST; §
WILLIAM RALPH COLE TRUST; JACK §
LEWIS COLE TRUST; VIRGINIA MYRLE §
COLE TRUST; ROBERT FRANK COLE §
TRUST; DEVON GAS SERVICES, L.P. §
Defendants. § DENTON COUNTY, TEXAS
ORDER
On this day the Court considered the Agreed Motion to Dismiss this cause of
action. The Court, after-having considered the motion, is of the opinion that it same
should be GRANTED.
Therefore it is ordered that the motion be and it is hereby granted; that
petitioner's cause of action against defendants is dismissed with prejudice, at
petitioner's costs.
SIGNED this day of , 2003.
JUDGE PRESIDING
Order ���
EXHIBIT C
General Warranty Deed
Date: September 30, 2003
Grantor: Susan Bonner Mead, Amy Cole Griffin and Don Cole Trustees of the Mary
Jane Marshall Trust, Martin Thomas Cole Trust, William Ralph Cole Trust,
Jack Lewis Cole Trust, Virginia Myrie Cole Trust and Robert Frank Cole
Trust, Mary Jane Marshall Trust, Martin Thomas Cole Trust, William Ralph
Cole Trust, Jack Lewis Cole Trust, Virginia Myrie Cole Trust and Robert
Frank Cole Trust.
Grantor's Mailing Address: c/o Mike Griffin
Griffin and Jones
218 North Elm
Denton, Texas 76201
Grantee: City of Fort Worth
Grantee's Mailing Address: 1000 Throckmorton
Fort Worth, TX 76102
Tarrant County
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and
valuable consideration.
Property (including any improvements):
See attached Exhibit 1.
Reservations from Conveyance;
For Grantor and Grantor's heirs, successors, and assigns forever, a
reservation of all oil, gas and other minerals in and under and that may be
produced from the Property. 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.
For Grantor and Grantor's heirs, successors, and assigns, a reservation of
an easement shown as Ranch Road on the attached Exhibit 1 to provide
access to the Grantors' adjacent property. If Farm to Market Road 156 is
relocated on Grantors' remaining property and provides reasonable
access to Grantors' adjacent property, then the access easement shall
terminate and become the property of the City of Fort Worth.
Exceptions to Conveyance and Warranty:
Validly existing easements, rights-of-way, and prescriptive rights, whether of
record or not; all presently recorded and validly existing instruments, other
than conveyances of the surface fee estate, that affect the Property; and
taxes for 2003, which Grantor assumes and agrees to pay.
Grantor, for the Consideration and subject to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty, grants, sells,
and conveys to Grantee the Property, together with all and singular the
rights and appurtenances thereto in any way belonging, to have and to hold
it to Grantee and Grantee's successors and assigns forever.
Grantor binds Grantor and Grantor's heirs and successors to warrant and
forever defend all and singular the Property to Grantee and Grantee's heirs,
successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and
Warranty.
When the context requires, singular nouns and pronouns include the
plural.
Signed , 2003.
By:
Susan Bonner Mead
i
By:
my Co Gri in
By:
D Cole
STATE OF TEXAS )
COUNTY OF )
This instrument was acknowledged before me on by
Susan Bonner Mead.
Notary Public, State of T
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my Co�linssior
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STATE OF TEXAS )
COUNTY OF )
This instrument was acknowledged before me on YY7.1D dOQ by
Amy Cole Griffin.
9&vk Z"
Notary Public, State of Te
STATE OF TEXAS ) �P.'.�Lv�i� MARTHA BOSLEY
_Z ��� F,iafy Public,a uiE 0Texas
i",;•...,.� my Commission Expires 09-23-05
COUNTY OF
This instrument was acknowledged before me on d pl by
Don Cole.
Notary Public, State of T
MARTHA EOSLEY
wtm Public,State c9 Texas
;r•...•�+;;My Commission Expires 09-23-05
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EXHIBIT 1
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LAN)DESCRIPTION
BEIND THAT CERTAIN TRACT OF LNC. SITUATED IN THE WILLIAM ZECULAR SURVEY.
ABSTRACT NA !DER 1454. AND THE WML SAMPLE SURVEY ABSTRACT N 1MKR 1207.DEMON
COUNTY. TEXAS AND BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO 156
ALLIANCE. LTD. AS DESCRIBED BY DEED RECORDED UNDER COUNTY CLERK'S NUMBER
97-80057069 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS!
COMMENCING AT A STONE. FOUND AT AN ELL CORNER OF SAID 156 ALLIANCE. LTD. TRACT
AND BEING THE WESTERLY NORTHWEST COINER OF THAT TRACT OF LAND CONVEYED TO
CALVIN B AND OMAS LEWAYM PETERSON. RECORDED IN VOLUME 1112. PACE 261 OF SAID
REAL PROPERTY RECORDS$
THENCE N B9.44'44"E. 606.15 FEET. WITH THE COMMON LINE OF SAID 156 ALLIANCE.
LTD. TRACT AND SAID PETERSON TRACT. TO AfVNCH IRON IMOD WITH PLASTIC CAP
STAMPED*CARTER a BURGESS.' SET AT THE POINT OF ONINNINS;
THENCE N 1P 24'25'8 1276.96. DEPARTING SAID COMMON LINE. TO AMINCH IRON
ROD WITH PLASTIC CAP STAMPED 'CARTER a BURGESS.' SET$
THENCE N 11'46'6CW. 19TL 75 FEET. TO A%INCH IRON ROD WITH PLASTIC CAP
STAMPED'CARTER a BURGESS.' SET$
THENCE N WOW WE. 635.69 FEET. TO AbINCH IRON ROD WITH PLASTIC CAP
STAMPED'CARTER a BURGESS.' SET IN A EAST LINE OF SAID 156 ALLIANCE. LTD.
TRACT. AND IN THE WEST LLE OF THAT TRACT OF LAND AS DESCRIBED BY DEED TO
JEANNE SHELTON AS RECORDED IN VOLUME 4467. PAGE 1544. REAL PROPERTY RECORDS.
DENTON COUNTY. TEXAS$
THENCE S OW 36'35"F. 617.19 FEET WITH A EAST LINE OF SAID 156 ALLIANCE. LTD.
TRACT. AND THE WEST LLE OF SAID JEANNE SHELTON TRACT TO AVVNCI IRON ROD
WITH PLASTIC CAP STAMPED'CARTER a BURGESS.' SET AT AN ELL CORNER OF SAID 156
ALLIANCE. LTD. TRACT. SAID IRON ROD ALSO BEING THE SOUTHWEST CORNEA OF SAID
JEANNE SHELTON TRACT$
THENCE N 69'47'14'E. 2256.96 FEET (PREVIOUSLY RECORDED AS 2259.91 FEET) WITH A
NORTH LINE OF SAID 156 ALLIANCE. LTD. TRACT. THE SOUTH LINE OF SAID JEANNE
SHELTON TRACT. THE SOUTH LINE OF THAT TRACT OF LAD AS DESCRIBED BY DEED TO
LYNNE WEIL AS RECORDED IN VOLUME 4467. PAGE 1549. REAL PROPERTY RECORDS. DENTON
COUNTY. TEXAS. AND THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED BY DEED TO
BARBARA WEIL DUNCAN AS RECORDED IN VOLUME 4467. PACE 2404. REAL PROPERTY
RECORDS. DENTON COUNTY. TEXAS TO A BOISE`D ARC FENCE POST FOLIC AT THE
NORTHEAST CORNER OF SAID 156 ALLIANCE. LTD. TRACT. SAID POST ALSO BEING THE
MOST NORTHERLY NORTHWEST CORNEA OF THAT TRACT OF LAUD AS DESCRIBED BY DEED TO
CALVIN & AND OMAS LERAYNE PETERSON AS RECORDED IN VOLUME 1112. PAGE 261.
REAL PROPERTY RECORDS. DEMON COUNTY. TEXAS$
THENCE S 00'3T 04'8 2676.66 FEET (PREVIOUSLY RECORDED AS 2660.06 FEET) WITH
THE EAST LINE OF SAID 156 ALLIANCE. LTD. TRACT. AND THE WEST LINE OF SAID
CALVIN & AND OWLS LEWAYNE PETERSON TRACT TO A'IgIICH IRON ROD FOUND AT THE
SOUTHEAST COINER OF SAID 156 ALLIANCE. LTD- TRACT. AND AN ELL CORNEA IN THE A
NORTH LINE OF SAID CALVIN & AND OMAS LETAYNE PETERSON TRACTS
THENCE S 69'44'44'8 2271.40 FEET WITH THE SOUTH LINE OF SAID 156 ALLIANCE.
LTD. TRACT. AND A NORTH LLE OF SAID CALVIN& AND OMAS LEWAYNE PETERSON TRACT
TO THE POINT OF BEGINNING AND CONTAINING 7.617.926 SQUARE FEET OR 174.664 OF
LAND MORE OR LESS
NOTES8
1. THIS SURVEY WAS PERFORMED WITH THE BENEFIT OF A TITLE COMMITMENT. SUPPLIED
BY STEWART TITLE GAURANTY COMPANY DOER FILE NUMBER 01102349. EFFECTIVE DATE
SEPTEMBER 19. 2001. ISSUED NOVEMBER 5, 2001. AND WAS RELIED ON FOR EASEMENTS
AND OTHER MATTERS OF RECORD.
2. BASIS OF BEARING IS THE SOUTH LINE OF THE 156 ALLIANCE TRACT . COMMON WITH THAT
TRACT CONVEYED TO CALVIN B. a 01MS LEWAYEE PETERSON RECORDED UNDER COUNTY
CLERICS NABER 97-R005709 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS WITH
A-00'14'24' ROTATION. DISCREPANCIES ARE SNORT IN PARENTHESIS
3. BASED ON A REVIEW OF FLOOD INSURANCE RATE MAP. WAP NUMBER 4912100490. REVISED
MARCH 30. 1996. THE SUBJECT TRACT LIES IN ZONE 'X' COTHER AREAS). DESCRIBED AS
'AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN.'
4. EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY. RECORDED IN VOLUME 3T1. PAGE 471
OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS DOES NOT AFFECT THE SUBJECT
TRACT.
5. EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY. RECORDED IN VOLUME 367. PACE
347 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS. DOES NOT AFFECT THE SUBJECT
TRACT.
6. EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY. RECORDED IN VOLUME 1044. PAGE 224
OF REAL PROPERTY RECORDS. DEMON COUNTY. TEXAS DOES NOT AFFECT THE SUBJECT
TRACT
7. EASEMENT TO BRAZOS ELECTRIC POWER COOPERATIVE. INC.. RECORDED IN VOLUME 2142,
PAGE 332 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS DOES NOT AFFECT THE
SUBJECT TRACT.
S. EASEMENT TO BRAZOS ELECTRIC POWER COOPERATIVE. INC.. RECORDED IN VOLUME 2442.
PAGE 239 AND VOLUME 2460. PAGE 436 OF REAL PROPERTY RECORDS OF DEMON COUNTY.
TEXAS DOES NOT AFFECT THE SUBJECT TRACT.
9. EASEMENT TO BRAZOS ELECTRIC POWER COOPERATIVE. INC.. RECORDED IN VOLUME 2460
PAGE 424 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS DOES NOT AFFECT THE
SUBJECT TRACT.
10. EASEMENT TO SOUTHWESTERN GAS PIPELINE. INC.. RECORDED IN VOLUME 4693. PAGE 1540
OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS CALLS FOR THE SURVEY THAT IS
CALLED FOR IN THIS TRACT. HOWEVER THERE IS NO DESCRIPTION OR EXHIBIT TO ALLOW THE
GRAPHICAL DEPICTION.
11. RIGHT-OF-WAY AOREOENT TO MITCHELL ENERGY CORP. AS RECORDED IN VOLUME 2742. PACE 762 METES AND
OF REAL PROPERTY RECORDS. DENTON COUNTY AFFECTS SUBJECT TRACT AS SHOWN HEREON
12. EASEMENT TO SOUTHWESTERN GAS PIPELINE. INC. AS RECORDED IN VOLUME 4651, PAGE 4603 BOUNDS
OF REAL PROPERTY RECORDS. DENTON COUNTY AFFECTS SUBJECT TRACT AS SHOWN HEREON. PAGE Z O F Z
13. ALL PROPERTY CORNERS SET ARE%INC1 IRON RODS WITH PLASTIC CAPS STAMPED'CARTER
a BURGESS' UNLESS OTHERWISE NOTED.
ALLIANCE AIRPORT RUNWAY FoKrWoKM
��sk Alliance EXTENSION PROJECT
C'OT F PR(OPER TY Carter-Burapcc
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LAND DESCRIPTION
BEING THAT CERTAIN TRACT OF LAND. SITUATED IN THE WILLIAM ZECULAR SURVEY.
ABSTRACT NUMBER 1454. AND THE WRs SAMPLE SURVEY ABSTRACT NUMBER 1207.DEXTON
COUNTY. TEXAS AND BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO 156
ALLIANCE. LTD. AS DESCRIBED BY DEED RECORDED UNDER COUNTY CLERK'S NUMBER
97-MO57069 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS$
COMMENCING AT A STONE. FOLIO AT AN ELL COWER OF SAID 156 ALLIANCE. LTD. TRACT
AND BEING THE WESTERLY NORTHIM:ST CORNEA OF THAT TRACT OF LAND CONVEYED TO
CALVIN 6 ARD OMAS LEWAYRE PETERSON, RECORDED IN VOLUME 1112. PAGE 261 OF SAID
REAL PROPERTY RECORDS:
THEME N NP 44'44'E. 666.15 FEET. WITH THE COMMON LINE OF SAID 156 ALLIANCE.
LTD. TRACT AND SAID PETERSON TRACT. TO A%INCN IRON ROD WITH PLASTIC CAP
STAINED"CARTER a BURGESS.' SET AT THE POINT OF BEGINHIN9t
THEME N IV 24'2S26 12T0.96. DEPARTING SAID COMM LINE. TO AMTNCH IRON
ROD WITH PLASTIC CAP STAMPED 'CARTER A BURGESS." SETS
THENCE N I1*48'64•W. 1976.76 FEET. TO A%TNCH IRON ROD WITH PLASTIC CAP
STAMPED"CARTER 6 BURGESS.' SET:
THENCE N DP 06'36'E:. BSS.69 FEET. TO 064MCH IRON ROD WITH PLASTIC CAP
STAMPED'CARTER R BURGESS." SET IN A EAST LINE OF SAID 156 ALLIANCE. LTD.
TRACT. ARD IN THE IEST LINE OF THAT TRACT OF LAND AS DESCRIBED BY DEED TO
JEANS SHELTON AS RECORDED IN VOLUME 4467. PAGE 1644. REAL PROPERTY RECORDS.
DENTON COUNTY. TDIASI
THEME S DO-35'35"F- 61T.19 FEET WITH A EAST LINE OF SAID 156 ALLIANCE. LTD.
TRACT. AND THE WEST LINE OF SAID JEANNE SHELTON TRACT TO A%V CH IRON ROD
WITH PLASTIC CAP STAMPED 'CARTER d BURGESS." SET AT AN ELL CONffA OF SAID 156
ALLIANCE. LTD. TRACT. SAID IRON ROD ALSO BEING THE SOUTHWEST CORKER OF SAID
JEANS SHELTON TRACT$
THENCE N 09'4T'14'E. 2250.96 FEET I PREVIOUSLY RECORDED AS 2259-91 FEET) WITH A
NORTH LINNE OF SAID l56 ALLIANCE. LTD. TRACT. THE SOUTH LIN? OF SAID JEANE
SHELTON TRACT. THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED BY D® TO
LYNNE WEIL AS RECORDED IN VOLUME 4467. PAGE 1549. REAL PROPERTY RECORDS. DEMON
COUNTY. TEXAS. AND THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED BY DEED TO
BARBARA WEIL DUNCAN AS RECORDED IN VOLUME 4467. PAGE 2404. REAL PROPERTY
RECORDS. DENTON COUNTY. TEXAS TO A BOISE'D ARC FENCE POST FOUR AT THE
NORTHEAST CORNER OF SAID 156 ALLIANCE. LTD. TRACT. SAID POST ALSO BEING THE
MOST NORTHERLY NORTHWEST CORNER OF THAT TRACT OF LAND AS DESCRIBED BY DEED TO
CALVIN B. AND OMAS LEWAYNE PETERSON AS RECORDED IN VOLUME 1112. PACE 261.
REAL PROPERTY RECORDS. DENTON COUNTY. TEXASI
THENCE S OOP 3T 04'R 2676.66 FEET (PREVIOUSLY RECORDED AS 2660.06 FEET) WITH
THE EAST LINE OF SAID 156 ALLIANCE. LTD. TRACT. AND THE WEST LINE OF SAID
CALVIN a AND OMAS LEWATNE PETERSON TRACT TO "NCH IRON ROD FOLIO AT THE
SOUTHEAST CORNER OF SAID 156 ALLIANCE. LTD- TRACT. AND AN ELL CORNEA IN THE A
NORTH LINE OF SAID CALVIN W AND OMAS LEWAYNE PETERSON TRACT$
THEME S 99"44'44'R 22TI.40 FEET WITH THE SOUTH LINE OF SAID 156 ALLIANCE.
LTD- TRACT. AND A NORTH LINE OF SAID CALVIN & APD OMAS LEWATNE PETERSON TRACT
TO THE POINT OF BEGINNING AND CONTAINING 7.617.926 SQUARE FEET OR 174.664 OF
LAID MORE OR LESS.
NOTES(
1. THIS SURVEY WAS PERFORMED WITH THE BENEFIT OF A TITLE COMMITMENT. SUPPLIED
BY STEWART TITLE OAURANTY COMPANY UNDER FILE N MM 01102349. EFFECTIVE DATE
SEPTEMBER 19. 2001. ISSUED NOVEMBER 6. 2001. AID WAS RELIED ON FOR EASEMENTS
AID OTHER MATTERS OF RECORD.
2. BASIS OF BEARING IS THE SOUTH LINE OF THE 156 ALLIANCE TRACT . COMMON WITH THAT
TRACT CONVEYED TO CALVIN B• 6 CMM$ LEMAYNE PETERSON RECORDED UDER COUITY
CLERK*S fabWER 97-RO05TO9 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS WITH
A-00 11 Ir 24 ROTATION. DISCEPACIES ARE SHOWN IN PARENTHESIS.
3. BASED ON A REVIEW OF FLOOD INSURANCE RATE MNP. MAP NUMBER 46121CO490. REVISED
MARCH 30. 1996. THE SUBJECT TRACT LIES IN ZONE'X' (OTHER AREAS). DESCRIBED AS
'AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN.'
4. EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY. RECORDED IN VOLUME 371. PAGE 471
OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS DOES NOT AFFECT THE SUBJECT
TRACT.
5. EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY. RECORDED IN VOLUME 397. PACE
34T OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS. DOES NOT AFFECT THE SUBJECT
TRACT.
6. EASEMENT TO TETRAS ELECTRIC SERVICE COMPANY. RECORDED IN VOLUME 1044. PACE 224
OF REAL PROPERTY RECORDS. DENTIN COUNTY. TEXAS DOES NOT AFFECT THE SUBJECT
TRACT
T. EASEMENT TO BRAZOS ELECTRIC POWER COOPERATIVE. INC.. RECORDED IN VOLUME 2142.
PAGE 332 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS DOES NOT AFFECT THE
SUBJECT TRACT.
S. EASEMENT TO BRAZOS ELECTRIC POWER COOPERATIVE. INC.. RECORDED IN VOLUME 2442.
PACE 239 AND VOLUME 2460. PACE 436 OF REAL PROPERTY RECORDS OF DEMON COUNTY.
TETRAS DOES NOT AFFECT THE SUBJECT TRACT.
A EASEMENT TO BRAZOS ELECTRIC POWER COOPERATIVE. IM. RECORDED IN VOLUME 2460
PACE 424 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS DOES MDT AFFECT THE
SUBJECT TRACT.
10. EASEMENT TO SOUTHWESTERN OAS PIPELINE. INC. RECORDED IN VOLUME 4693. PAGE 1540
OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS CALLS FOR THE SURVEY THAT IS
CALLED FOR IN THIS TRACT. HOWEVER THERE IS NO DESCRIPTION OR EXHIBIT TO ALLOW THE
GRAPHICAL DEPICTION.
11- RIGHT-OF-WAY AGREEMENT TO MITCHELL ENERGY CORP. AS RECORDED IN VOLUME 2T42. PACE 762 METES AND
OF REAL PROPERTY RECORD& DENTON COUNTY AFFECTS SUBJECT TRACT AS SHOWN HEREON
12. EASEMENT TO SOUTHWESTERN OAS PIPELINE. INC AS RECORDED IN VOLUME 4651, PAGE 4603 BOUNDS
OF REAL PROPERTY RECORDS' DENTON COUNTY AFFECTS SUBJECT TRACT AS SHOWN HEREON. PAGE 2 OF 2
13. ALL PROPERTY CORNERS SET ARE%%INCH IRON RODS WITH PLASTIC CAPS STAMPED -CARTER
Al BURGESS' UNLESS OTHERWISE NOTED.
ALLIANCE AIRPORT RUNWAY FoyWomy
Alliance EXTENSION PROJECT
� Air Swim,lez
('OLF. PROPERTY Carter=Burgess
Form T-1 OWNER POLICY OF TITLE INSURANCE
If yuu.ovant information about coverage or need assistance to resolve complaints,please call our toll free number 1-800-729-1902. If you make a claim under your
policy,yur:must furnish written notice in accordance with Section 3 of the Conditions and Stipulations. Visit our World-Wide Web site at:http://www.stewart.com
OWNER'S POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a
Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's , or materialman's lien for labor or material having its
inception on or before Date of Policy;
4. Lack of a right of access to and from the land.
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only
to the extent pro 'ded in the Conditions and Stipulations.
IN WIT WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly autho ' o tcers as of the Date of Policy shown in Schedule A.
TEWART TITLE
GUARANTY COMPANY
Chairman of the Boar Presi ent
S�jwE,�u
Countersigned: r f *•`�
y J 4
Atfthori zed Countersignature M% 19 0 8
Stewart Title North Texas, Inc. TfXAs
Dallas, Texas
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 which arise by reason of:
1. (a)Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances,or regulations)
restricting,regulating, prohibiting or relating to (i)the occupancy,use,or enjoyment of the land; (ii)the character,dimensions or location
of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or(iv)environmental protection,or the effect of any violation of these laws, ordinances or
governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b)Any governmental police power not excluded by (a)above,except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value
without knowledge.
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; oil I
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. 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 unmarketability of the title.
5. Any claim,which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by
this policy, by reason of the operation of federal bankruptcy,state insolvency,or other state or federal creditors'rights laws,that is based
on either (i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent
transfer or a voidable distribution or voidable dividend, (ii) the subordination or recharacterization of the estate or interest insured by
this Policy as a result of the application of the doctrine of equitable subordination,or(iii)the transaction creating the estate or interest
insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company
or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the failure of such recordation to
impart notice to a purchaser for value or a judgment on lien creditor.
Serial No. 0-589340797
581 (rev. 10-1-97)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the
named insured,those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not
limited to, heirs,distributees,devisees, survivors,personal representatives, next of kin,or corporate,partnership or fiduciary successors,and
specifically, without limitations,the following: (i) the successors in interest to a corporation resulting from merger or consolidation or the
distribution of the assets of the corporation upon partial or complete liquidation; (ii) the partnership successors in interest to a general or
limited partnership which dissolves but does not terminate; (iii)the successors in interest to a general or limited partnership resulting from the
distribution of the assets of the general or limited partnership upon partial or complete liquidation; (iv) the successors in interest to a joint
venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation; (v) the successor or substitute
trustee(s)of a trustee named in a written trust instrument;or (vi)the successors in interest to a trustee or trust resulting from the distribution
of all or part of the assets of the trust to the beneficiaries thereof.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge,not constructive knowledge or notice that may be imputed to an insured by reason
of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A,and improvements affixed thereto that by law constitute real property.
The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A,nor any right,title,
interest, estate or easement in abutting streets, roads,avenues, alleys,lanes,ways or waterways, but nothing herein shall modify or limit
the extent to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage,deed of trust,trust deed,or other security instrument.
(f) "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 Section 1(a)(iv)of the Exclusions From
Coverage, "public records" also shall include environmental protection liens filed in the records of the clerk of the United States district
court for the district in which the land is located.
(g) "access": legal right of access to the land and not the physical condition of access. The coverage provided as to access does not
assure the adequacy of access for the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an
estate or interest in the land,or holds an indebtedness 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 covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. 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 indebtedness 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 4(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 to the estate or interest,as
insured,and that might cause loss or damage for which the Company may be liable by virtue of this policy. If prompt notice shall not be
given to the Company,then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt
notice is required;provided,however,that failure to notify the Company shall in no case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
When, after the Date of Policy,the insured notifies the Company as required herein of a lien,encumbrance,adverse claim or other
defect in title to the estate or interest in the land 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 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 specfically 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 to the estate as insured; (ii)indemnify the insured as provided in this policy;(iii)upon pay-
ment 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 property or,if a mortgagee policy, the amount of the loan; (iv)indemnify
another title insurance company in connection with its issuance of a policy(ies)of title insurance without exception for the lien,encumbrance,
adverse claim or defect; (v)secure a release or other document discharging the lien,encumbrance,adverse claim or defect;or(vi)undertake
a combination of(i)through(v)herein.
4. DEFENSE AND PROSECUTION OF ACTIONS:DUTY OF INSURED CLAIMANT TO COOPERATE.
(a)Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations,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 adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter 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 and 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,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 to the estate or interest, 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 hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph,it
shall do so diligently.
(c)Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this
policy,the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,
in its sole discretion,to appeal from any adverse judgment or order.
(d)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed-
ing,the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals
therein,and permit the Company 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 any action or proceeding,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 to the estate or interest 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.
CONDITIONS AND STIPULATIONS Continued
5.PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company,a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in,or lien or encumbrance on the title,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. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage,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 proof of loss or damage.
In addition,the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying,at such reasonable times and places as may be designated by any authorized representative of the Company,all records,
books,ledgers,checks,correspondence and memoranda, whether bearing a date before or after Date of Policy,which 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 records,books,ledgers,checks,correspondence and memoranda in the custody or control of a third party,which 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 other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that claim.
6. 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.
(i)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,
which were authorized by the Company,up to the time of payment or tender of payment and which the company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy,other than to make the payment required,shall
terminate, including any liability or obligation to defend,prosecute,or continue any litigation, and the policy shall be surrendered to the Company for cancellation.
(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,together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to
pay;or
(ii)to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy,together with any costs,attorneys' fees and expenses
incurred by the insured claimant,which were authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs(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.
7.DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE.
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 and only to the extent herein described.
(a)The liability of the Company under this policy shall not exceed the least of:
(i)the Amount of Insurance stated in Schedule A;
(ii)the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect,lien or encum-
brance insured against by this policy at the date the insured claimant is required to furnish to Company a proof of loss or damage in accordance with Section 5
of these Conditions and Stipulations.
(b)In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land,whichever is less,or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured
estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A,then this Policy is subject to the following:
(i)where no subsequent improvement has been made,as to any partial loss,the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy;or
(ii)where a subsequent improvement has been made,as to any partial loss,the Company shall only pay the loss pro rata in the proportion that 120 percent of the
Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs,attorneys'fees and expenses for which the Company is liable under this policy,and shall only apply to that
portion of any loss which exceeds,in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A.
(c)The Company will pay only those costs,attorney's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations.
8.APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not used as a single site,and a loss is established affecting one or more of the parcels
but not all,the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy
of each separate parcel to the whole,exclusive of any improvements made subsequent to Date of Policy,unless a liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy.
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 Section 6, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(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 therefrom,adverse to the title as insured.
(c)The Company shall not be liable for loss or damage to any 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 pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay 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 to,or which is hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in Schedule A,and the amount so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a)No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed,in which case proof of loss
or destruction shall be furnished to the satisfaction of the Company.
(continued and concluded on last page of this policy)
(Owner's Policy)
(b)When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations,the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a)The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy,all right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies that the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. If requested by the Company,the insured claimant shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of subrogation. 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 or remedies.
If a payment on account of a claim does not fully cover the loss of the insured claimant,the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant,as stated above,that act shall not void this policy,but the Company,in that event,shall be required to pay
only that part of any losses insured against by this policy that shall exceed the amount,if any,lost to the Company by reason of the impairment by the insured claimant
of the Company's right of subrogation.
(b)The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and shall include,without limitation,the rights of the insured to indemnities,guaranties,
other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy,either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. 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 of the Company in connection with its issuance or the
breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is$1,000,000 or less SHALL BE arbitrated at the request of either
the Company or the insured,unless the insured is an individual person(as distinguished from a corporation,trust, partnership,association or other legal entity). All
arbitrable matters when the Amount of Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration
pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect
at Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit
a court to award attorney's fees to a prevailing party.Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
5. LIABII.ITY LIMITED TO THIS POLICY:POLICY ENTIRE CONTRACT.
(a)This policy together with all endorsements,if any,attached hereto 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, whether or not based on negligence,and which arises out of the status of the title to the estate or interest covered hereby
or by any action asserting such claim,shall be restricted to this policy.
(c)No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President,
a Vice President,the Secretary,an Assistant Secretary,or validating officer or authorized signatory of the Company.
W SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17. NOTICES,WHERE SENT.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall
be addressed to the Company at P.O.Box 2029,Houston,Texas 77252-2029.
:OMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company
hat issued the policy. If the problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091,
kustin, TX 78714-9091, Fax No. (512) 475-1771. This notice of complaint procedure is for information only and does not become
i part or condition of this policy.
STEWART TITLE
GUARANTY COMPANY
FT (6/2001) T-1 Form Prescribed by Texas Department of Insurance (Rev. 1/1/93)
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
File No. : 01102277 Date of Policy: November 03, 2003
Owner Policy No. : 0-5893-40797
Amount of Insurance: $4, 000, 000.00
Premium: $23, 876.30
1. Name of Insured: CITY OF FORT WORTH
2 . The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF FORT WORTH
4. The land referred to in this policy is described as follows:
Being that certain tract of land, situated in the William
Zecular Survey, Abstract Number 1454, and the WM. Sample Survey
Abstract Number 1207, Denton County, Texas and being a portion
of that tract of land conveyed to 156 Alliance, Ltd. as
described by Deed recorded under County Clerk's Number
97-R0057069 of Real Property Records, Denton County, Texas and
being more particularly described by metes and bounds as
follows;
COMMENCING at a stone, found at an ell corner of said 156
Alliance, Ltd. tract and being the westerly Northwest corner of
that tract of land conveyed to Calvin B and Omas Lewayne
Peterson, recorded in Volume 1112, Page 261 of said Real
Property Records;
THENCE N 89044144" E, 656.15 feet, with the common line of said
156 Alliance, Ltd. tract and said Peterson tract, to a 5/8 inch
iron rod with plastic cap stamped "Carter & Burgess, " set at
the POINT OF BEGINNING;
THENCE N 18024125" W, 1278.98 (feet) , departing said common
line, to a 5/8 inch iron rod with plastic cap stamped "Carter &
Burgess, " set;
THENCE N 11048154" W, 1976.75 feet, to a 5/8 inch iron rod with
plastic cap stamped "Carter & Burgess, " set;
THENCE N 80006136" E, 855 .69 feet, to a 5/8 inch iron rod with
plastic cap stamped "Carter Burgess, " set in a East line of
said 156 Alliance, Ltd. tract, and in the West line of that
tract of land as described by deed to Jeanne Shelton as
recorded in Volume 4467, Page 1544, Real Property records,
Denton County, Texas;
THENCE S 00038135" E, 617.19 feet with a East line of said 156
Alliance, Ltd. tract, and the West line of said Jeanne Shelton
Tract to a 5/8 inch iron rod with plastic cap stamped "Carter &
Continued on next page
Attached to and made a part of Stewart Title Guaranty Company
Policy No. 0-5893-40797
File No. : 01102277
Burgess, " set at an ell corner of said 156 Alliance, Ltd.
tract, said iron rod also being the Southwest corner of said
Jeanne Shelton Tract;
THENCE N 89047114" E, 2258.96 feet (previously recorded as
2259.91 feet) with a North line of said 156 Alliance, ltd.
tract, the South line of said Jeanne Shelton tract, the SOuth
line of that tract of land as described by Deed to Lynne Weil
as recorded in Volume 4467, Page 1549, Real Property Records,
Denton County, Texas, and the South line of that tract of land
as described by Deed to Barbara Weil Duncan as recorded in
Volume 4487, Page 2404, Real Property Records, Denton County,
Texas to a Boise'D Arc fence post found at the Northeast corner
of said 156 Alliance, Ltd. tract, said post also being the most
northerly Northwest corner of that tract of land as described
by Deed to Calvin B. and Omas Lewayne Peterson as recorded in
Volume 1112, Page 261, Real Property Records, Denton County,
Texas;
THENCE S 00037104" W, 2676.68 feet (previously recorded as
2680.06 feet) with the East line of said 156 Alliance, Ltd.
tract, and the West line of said Calvin B. and Omas Lewayne
Peterson tract to a 1/2 inch iron found at the Southeast corner
of said 156 Alliance, Ltd. tract and an ell corner in the North
line of said Calvin B. and Omas Lewayne Peterson tract;
THENCE S 89044144" W, 2271.40 feet with the South line of said
156 Alliance, Ltd. tract, and a North line of said Calvin B.
and Omas Lewayne Peterson tract to the POINT OF BEGINNING and
containing 7, 617, 928 square feet or 174.884 (acres) of land
more or less.
FT (6/2001) T-1 Form Prescribed by Texas Department of Insurance (Rev. 1/1/93)
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
File No. : 01102277 Owner Policy No. 0-5893-40797
This policy does not insure against loss or damage (and the Company will not pay costs,
attorney's 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. Deleted.
2. Shortages in area.
3. Homestead or community property or survivorship rights, if any of any spouse of any
insured.
4 . Any titles or rights asserted by anyone, including, but not limited to, persons, the
public, corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial
rivers and streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation,
or the rights of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2003,
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 (We must insert matters or delete this exception. ) :
a. Rights of parties in possession.
b. Rights of parties in and to any portion of subject property
lying with a public or private road.
c. Easement from Bob F. Cole, Co-Trustee, et al to Mitchell Energy
Corporation by instrument dated December 5, 1989, filed March '
9, 1990, recorded in Volume 2742, Page 762, Real Property
Records, Denton County, Texas and as shown on Survey dated
January 22, 2002, revised September 2, 2003 prepared by Todd A.
Bridges RPLS #4940 of Carter & Burgess, Inc.
d. Easement from 156 Alliance Partners, Ltd. to Southwestern Gas
Pipeline, Inc. by instrument dated June 8, 2001, filed August
3, 2001, recorded in Volume 4893, Page 1540, Real Property
Records, Denton County, Texas, and as shown on Survey dated
January 22, 2002, revised September 2, 2003 prepared by Todd A.
Bridges RPLS #4940 of Carter & Burgess, Inc.
Continued on next page
Attached to and made a part of Stewart Title Guaranty Company
Policy No. 0-5893-40797
File No. : 01102277
e. Easement from 156 Alliance Partners, Ltd. to Southwestern Gas
Pipeline, Inc. by instrument dated January 12, 2001, filed
October 15, 2001, recorded in Volume 4943, Page 1586 and
correction filed November 16, 2001 recorded in Volume 4966,
Page 1332, Real Property Records, Denton County, Texas.
f. Easement from 156 Alliance Partners, Ltd to Southwestern Gas
Pipeline, Inc. by instrument dated January 12, 2001, filed
October 15, 2001, recorded in Volume 4943, Page 1586, Real
Property Records, Denton County, Texas.
g. Easement from 156 Alliance Partners, Ltd. to Southwestern Gas
Pipeline, Inc. by instrument dated April 16, 2001, filed ,
January 22, 2002, Volume 5007, Page 2412, Real Property Records,
Denton County, Texas.
h. Easement from 156 Alliance Partners, Ltd. to Southwestern Gas
Pipeline, Inc. by instrument dated April 17, 2001, filed
January 22, 2002, recorded in Volume 5007, Page 2396, Real
Property Records, Denton County, Texas.
i. Easement from M.T. Cole Trusts #2 & #3 to Southwestern Gas
Pipeline, Inc. by instrument dated August 4, 2003, filed
September 29, 2003, recorded in Volume 5427, Page 4515, Real
Property Records, Denton County, Texas.
j . An oil, gas and mineral lease dated March 27, 1930, filed April
3, 1931, in favor of David Maloney as lessee, and recorded in
Volume 235, Page 359, Real Property Records, Denton County,
Texas. Title to said lease has not been examined subsequent to
the dated of its execution.
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
k. An oil, gas and mineral lease dated January 5, 1983, filed
February 17, 1983, in favor of Go Oil Corp. as lessee, and
recorded in Volume 1195, Page 329, Real Property Records, Denton
County, Texas. Title to said lease has not been examined
subsequent to the dated of its execution.
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
1. An oil, gas and mineral lease dated September 29, 1988, filed
November 2, 1988, in favor of Mitchell Energy Corporation as
lessee, and recorded in Volume 2479, Page 441, Real Property
Records, Denton County, Texas. Title to said lease has not been
examined subsequent to the dated of its execution.
Continued on next page
Attached to and made a part of Stewart Title Guaranty Company
Policy No. 0-5893-40797
File No. : 01102277
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
m. An oil, gas and mineral lease dated November 5, 1999, filed
November 12, 1999, in favor of Mitchell Energy Corporation as
lessee, and recorded in Volume 4466, Page 1504, Real Property
Records, Denton County, Texas. Title to said lease has not been
examined subsequent to the dated of its execution.
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
n. An oil, gas and mineral lease dated March 21, 2001, filed April
12, 2001, in favor of Mitchell Energy Company, L.P. as lessee,
and recorded in Volume 4815, Page 2611, Real Property Records,
Denton County, Texas. Title to said lease has not been examined
subsequent to the dated of its execution.
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
o. An undivided one-half (1/2) royalty interest in and to all the
oil, gas, and other minerals on, in, under or that may be
produced from the subject property, as set forth in instrument
dated August 15, 1997, filed August 19, 1997, recorded in
Clerk's File No. 97-R0057069, Real Property Records, Denton
County, Texas.
p. Rights of tenants, and assigns, as tenants only, under currently
effective lease agreements.
q. Terms, conditions, provisions and stipulations of Agreed
Judgment, by and between The Atchison, Topeka and Santa Fe
Railway Company and Bob Cole, Don Cole, and Virgina Cole
Houston, Individually and as Trustees of the M.T. Cole Trusts 2
and 3, dated April 12, 1993, filed April 12, 1993, recorded in
Clerk's File No. 93-R0021055, Real Property Records, Denton
County, Texas; and Memorandum of Option Agreement dated May 23,
1995, filed May 25, 1995, recorded in Clerk' s File No.
95-R0030161, Real Property Records, Denton County, Texas.
r. Terms, conditions, provisions and stipulations of Affidavit
Concerning Easement and Right-of-Way and Agreed Judgment, by
and between Amy Cole Griffin, Trustee et al and The Atchison,
Topeka and Santa Fe Railway Company, dated July 8, 1997, filed
July 8, 1997, recorded in Clerk's File No. 97-R0046155, Real
Property Records, Denton County, Texas.
Continued on next page
Attached to and made a part of Stewart Title Guaranty Company
Policy No. 0-5893-40797
File No. : 01102277
s. Option to purchase and/or right of first refusal in favor of
Susan Bonner Mead, Amy Cole Griffin, and Don Cole, as Trustees,
recorded in Clerk' s File No. 97-R0057071, of the Real Property
Records of Denton County, Texas.
t. The location of fences and roads, as depicted on the survey
dated 1/22/02, prepared by Todd A. Bridges, RPLS # 4940 with
Carter & Burgess.
u. The location of well sites as depicted on survey dated January
22, 2002, revised September 2, 2003, as prepared by Todd A.
Bridges RPLS #4940 of Carter & Burgess, Inc.
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CALL STEWART TITLE GUARANTY COMPANY'S TOLL FREE TELEPHONE NUMBER FOR
INFORMATION OR TO MAKE A COMPLAINT AT:
1-800-729-1902
YOU MAY ALSO WRITE TO STEWART TITLE GUARANTY COMPANY AT:
P.O. BOX 2029
HOUSTON, TEXAS 77252-2029
YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON
COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE AT:
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX#(512)475-1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM, YOU SHOULD
CONTACT THE COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE
TEXAS DEPARTMENT OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OF CONDITION OF
THE ATTACHED DOCUMENT.
Note: Attach this notice as the first, second or third page of the policy.
City of Fort Worth, Texas
41V
..%Nair And C Ounci l CommuniLmdon
DATE REFERENCE NUMBER LOG NAME PAGE
9/2/03 G-14079 12COLETRUST 1 of 1
SUBJECT SETTLEMENT OF LAWSUIT: CITY OF FORT WORTH VS. SUSAN BONNER MEAD,
AMY COLE GRIFFIN AND DON COLE AS TRUSTEES FOR THE MARY JANE
MARSHALL TRUST, MARTIN THOMAS COLE TRUST, WILLIAM RALPH COLE
TRUST, JACK LEWIS COLE TRUST, CAUSE NO. ED-2003-00416-2
RECOMMENDATION:
It is recommended that the City Council approve settlement of all claims arising from the condemnation
of property for the extension of the runway at Alliance Airport.
DISCUSSION:
The City instituted this condemnation case on April 30, 2002 (M&C L-13291), for the Alliance Airport
Runway extension project. After extensive negotiating between City staff, the property owners, and the
Federal Aviation Administration (FAA), all parties have agreed on a settlement. Under the settlement,
the City will acquire approximately 175 acres for $4,000,000. Settlement of this case completes the
acquisition from the property owners of the land needed for extending the runway to 13,000 feet.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Airport Grant Fund.
RZ:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Richard Zavala(Acting) 6183
Originating Department Head:
David Yett 7623 (from) APPROVED 09/02/03
GR14 541100 055218793010 $ 319,752.00
Additional Information Contact: GR14 541100 055218731010 $3,680,248.00
David Yett 7623
f
CERTIFICATE OF TITLE
Mr. Richard K. Compton, Sr. Program Manager
Texas Airports Development Office
U. S. Department of Transportation
Fort Worth, Texas 76193-0650
Dear Mr. Compton:
The CITY OF FORT WORTH (hereinafter referred to as the "Sponsor"), pursuant to Section
47105(d) of the Federal Aviation Administration Authorization Act of 1994 (and amendments),
hereby certifies that satisfactory property interest to the land indicated herein is vested in the
Sponsor under the terms and conditions of a Grant Agreement with the Federal Aviation
Administration, Federal Project Number 3-48-0296-1701.
In the opinion of CHRISTOPHER B. MOSLEY, Attorney for the Sponsor, the Sponsor has full
legal title to the property interest indicated and, as shown on the Exhibit "A" as of the time and
date stated in the title documents, has adequate title to satisfy local laws and ordinances:
Parcel Number Quality of Interest
33 FEE
A 174.884 acre tract out of the William
ZecuIar Survey, Abstract No. 1454 and the Wm.
Sample Survey, Abstract No. 1207 Denton County,
County, Texas (Legal Description on Exhibit"A")
The land interest acquired meets the requirements of the Federal Aviation
Administration, except for easements, liens, separate mineral estate, Ieases, or other
encumbrances on the parcel noted below. However, such encumbrances, which are described on
the attachment, do not affect the use of the land for airport purposes.
SEE EXHIBIT "B" ATTACHED HERETO.
The evidence of title is based on an: (check one)
An abstract and record examination conducted on or
X Title Insurance Policy Number 0-5893-40797 issued on November 3, 2003 by the
Stewart Title Guaranty Company.
Certificate of Title page 1
f
RECORDATION DATE: Recorded November 3, 2003 in the land records of Denton County,
Texas under number 2003-181167.
The Sponsor recognizes and accepts full responsibility for the clearing of any outstanding
encumbrances, defects, and exceptions to the title, which may in any way affect the future use,
and operation of the land for airport purposes as may be determined by the FAA. It is
understood that the FAA reserves the right to cancel this certification at any time. Although
specific title evidence documents are not submitted herewith, copies of deeds and other
appropriate evidence of title for the land are on file with the Sponsor and are available for
inspection by the FAA.
Sincerely,
CITY OF FORT WORTH
BY:
Signature of Sponsor Official authorized to
Sign Grant Agreement
Date
GARCIA,
Sponsor's Attorney
(CMSTOPHER B. MOSLEY,
Sponsor's Attorney
Certificate of Title page 2
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LAND DESCRIPTION
i KIND THAT CERTAIN TRACT OF LAID. SITUATED IN THE WILLIAM ZECULAR SURVEY:
ABSTRACT MINER 1454. AND THE OL SAMPLE SURVEY ABSTRACT N/LFII 1207.DENTON
COUNTY. TEXAS AND MIND A PORTION OF THAT TRACT OF LAND CONVEYED TO 156
ALLIANCE. LTD. AS DESCRIBED/Y DEED RECORDED UNDER COUNTY CLERK'S MMBEA
97-ROOS7069 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY IE7E5 AND BOUNDS AS FOLLOWS
COMMENCING AT A STONE. FOOD AT AN ELL CORNER OF SAID 156 ALLIANCE. LTD. TRACT
AND BEING THE WESTERLY NORTMIEST COINER OF THAT TRACT OF LAND CONVEYED TO
CALVIN /AID OMAS LEWAYNE PETERSON. REGORGED IN VOLUME 1112. PACE 261 OF SAID
REAL PROPERTY RECORDS{
THENCE N OW 44'44E. 666 16 FEET. WITH THE COMMON LINE OF SAID 156 ALLIANCE.
LTD. TRACT AND SAID PETERSON TRACT. TO A WNCH IRON ROD WITH PLASTIC CAP
STAMPED'CARTER 6 BURGESS.' SET AT THE POINT OF BEGINNING$
THEME N 1 P 24'25*IL 1276 99. DEPARTING SAID COMMON LINE. TO ARVINCIH IRON
ROD WITH PLASTIC CAP STAMPED'CARTER 6 BURGESS.' SM
THENCE N 11'46'WIL 1976 75 FEET. TO AyI1CH IRON ROD WITH PLASTIC CAP
STAMPED"CARTER 6 BUlRDESS.' SET$
TIENICE N /P 06 WE. 653.69 FEET. 70 A%9NCH IRON ROD WITH PLASTIC CAP
STAMPED•CARTER 6 BUNIFS&' SET IN A EAST LINE OF SAID 156 ALLIANCE. LTA
TRACT. AND IN THE WEST LINE OF THAT TRACT OF LAND AS DESCRIBED BY DEED TO
JEANNE SHELTON AS RECORDED IN VOLUME 4467. PAGE 1544. REAL PROPERTY REOORDS.
DENTON GOUTY. TEXAS$
THIMM S OP 36'WE. 617.19 FEET WITH A EAST LINE OF SAID 156 ALLIANCE. LTD.
TRACT. AND THE BEST LINE OF SAID JEANS SHELTON TRACT TO A%INCH IRON ROD
WITH PLASTIC CAP STAMPED 'CARTER 6 BURGESS.' SET AT AN ELL COINER OF SAID 156
ALLIANCE. LTD. TRACT. SAID IRON ROD ALSO BEING THE SOLMRIM CORNER OF SAID
JEANNE SHELTON TRACT$
THENCE N W 47'I rE. 2236 96 FEET(PREVIOUSLY RECORDED AS 2=11691 FEET) WITH A
NORTH LINE OF SAID 156 ALLIANCE. LTD- TRACT. THE SOUTH LINE OF SAID JEANBE
SHELTON TRACT. THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED BY DEED TO
LYNNE WEIL AS RECORDED IN VOLUME 4467. PAGE 1549. REAL PROPERTY RECORDS. DEIHTON
COUNTY. TEXAS. AND THE SOUTH LINE OF THAT TRACT OF LAND AS DESCRIBED BY DEED TO
BARBARA WEIL DUICAN AS REGORGED IN VOLUME 4467. PAGE 2404. REAL PROPERTY
RECORDS. [MON COUNTY. TEXAS TO A BOISC D ARC FENCE POST LOUD AT THE
NORTHEAST CORNER OF SAID 1S6 ALLIAHM LTA TRACT. SAID RY T ALSO MING THE
MOST NORTHEALY NORTHWEST CORNER OF THAT TRACT OF LAID AS DESCRIBED BY DEED TO
CALVIN L AND OMAS LEWAYNE PETERSON AS RECORDED IN VOLUME T112. PAGE 261.
REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS$
THENCE S OP 37'O IL 2676 66 FEET(PREVIOUSLY RECORDED AS 2666 06 FEET) WITH
THE EAST LINE OF SAID 156 ALLIANCE. LTD. TRACT. AND THE WEST LINE OF SAID
CALVIN L AM OM AS LEWAYNE PETERSON TRACT TO"NON IRON ROD FOUR AT THE
SOUTHEAST CORNER OF SAID 156 ALLIANCE, LTA TRACT. AND AN ELL CORNER IN THE A
NORTH LINE OF SAID CALVIN L AND OMS LEBAYNE PETERSON TRACT$
THOICE S 69.44'44'IL 2271.40 FEET WITH THE SOUTH LINE OF SAID 156 ALLIANCE.
LTD• TRACT. AND A NORTH LINE OF SAID CALVIN L AND OMS LEWAYNE PETERSON TRACT
TO THE POINT OF BEGINNING AND CONTAINING 7.617.926 SQUARE FEET OR 174-894 OF
LARD MORE OR LESS.
NOTES$
1. THIS SURVEY WAS POIFORED WITH THE BENEFIT OF A TITLE COMYITIEIT. SUPPLIED
BY STMA19T TITLE GAUGNTY COMPANY ODOR FILE NUMBER 01102349. EFFECTIVE DATE
SEPTEIIER 19. 2001. ISSUED NOVEMBER 9. 2001. AND WAS RELIED ON FOR EASEMENTS
AND OTHER MATTERS OF RECORL
2. BASIS OF WEARING IS THE SOUTH LINE OF THE 156 ALLIANCE TRACT . COAONH WITH THAT
TRACT CONVEYED TO CALVIN L 6 OMS LEWAYNE PETERSON RECORDED DIGER COUNTY
CLERIC S H MSR 97-ROO57O9 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS WITH
A-00'14'24' ROTATION. DISCREPANCIES ARE SHOWN IN PARDMIESIS.
3. BASED ON A REVIEW OF FLOOD INSURANCE RATE WAP. WAP NUMBER 49121CO49O. REVISED
MARCH 30. 1996. THE SUBJECT TRACT LIES IN ZONE"X" (OTHER AREAS). DESCRIBED AS
'AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN.'
4. EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY. RECORDED IH VOLUME 3T1. PACE 471
OF REAL PROPERTY RECORDS. OWN COUNTY. TEXAS DOES NOT AFFECT THE SUBJECT
TRACT.
L EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY. RECORDED IN VOLUME 35T. PAGE
347 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS. DOES MDT AFFECT THE SUBJECT
TRACT.
6 EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY. RECORDED IN VOLUME 1044. PACE 224
OF REAL PROPERTY RECORDS. DEUTON COUNTY. TEXAS DOES NOT AFFECT THE SUBJECT
TRACT
T. EASEMENT TO 6AAZOS ELECTRIC POWOI COOPERATIVE. INC.. RT_OORDED IN VOLUME 2142.
PACE 332 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS DOES NOT AFFECT THE
SUBJECT TRACT.
B. EASEMENT TO BRAZOS ELECTRIC POIIEA COOPERATIVE. IMC.. RECORDED IN VOLUME 2442.
PACE 239 AND VOLUME 2460. PACE 436 OF REAL PROPERTY RECORDS OF DENTON COUNTY.
TEXAS DOES NOT AFFECT THE SUBJECT TRACT.
L EASOEMT TO BRAZES ELECTRIC POWER COOPERATIVE. INC.. RECORDED IN VOLUME 2460
PACE 424 OF REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS DOES NOT AFFECT THE
SUBJECT TRACT.
10. EASEIEMT TO SOUTHWESTERN GAS PIPELINE. INC-. RECORDED IN VOLUME 4993. PACE 1540
OF REAL PROPERTY RECORDS. DEUTON COUNTY. TEXAS CALLS FOR THE SURVEY THAT IS
CALLED FOR IN THIS TRACT. HOWEVER THERE IS NO DESCRIPTION OR EXHIBIT TO ALLOW THE
GRAPHICAL DEPICTION.
11. RIGHT-OF-WAY AGREOME(T TO MITCHELL ENERGY CORP. AS RECORDED IN VOLUME 2742. PACE 762 METES AND
OF REAL PROPERTY RECORDS. DEUTON COUNTY AFFECTS SUBJECT TRACT AS SHOWN MEOW N+
12. UMENNT TO SOUTHWESTERN GAS PIPELINE. INC. AS REGORGED IN VOLU E 4651. PACE 4603 BOUNDS
OF REAL PROPERTY RECORDS' GNTON COUNTY AFFECTS SUBJECT TRACT AS SHOW HEXE"L
PAGE 2 OF 2
13. ALL PROPERTY CORERS SET AM-VNCN IRON RODS WITH PLASTIC CAPS STAMPED -CARTER
6 BURGESS' UNLESS OTHERWISE NOTED.
ALLIANCE AIRPORT RUNWAY Foto
Alliance EXTENSION PROJECT
"S`vi= lm-- COLE PROPERTY Carter=Burgess
FT. (6/2001) IC 0 13
' T-1 Form Prescribed by Texas Department of Insurance (Rev. 1/1/93)
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
File No. : 01102277 Owner Policy No. 0-5893-40797
This policy does not insure against loss or damage (and the Company will not pay costs,
attorney's 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. Deleted.
2. Shortages in area.
3. Homestead or community property or survivorship rights, if any of any spouse of any
insured.
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the
public, corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial
rivers and streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation,
or the rights of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2003,
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 (We must insert matters or delete this exception.) :
a. Rights of parties in possession.
b. Rights of parties in and to any portion of subject property
lying with a public or private road.
c. Easement from Bob F. Cole, Co-Trustee, et al to Mitchell Energy
Corporation by instrument dated December 5, 1989, filed March '
9, 1990, recorded in Volume 2742, Page 762, Real Property
Records, Denton County, Texas and as shown on Survey dated
January 22, 2002, revised September 2, 2003 prepared by Todd A.
Bridges RPLS #4940 of Carter & Burgess, Inc.
d. Easement from 156 Alliance Partners, Ltd. to Southwestern Gas
Pipeline, Inc. by instrument dated June 8, 2001, filed August
3, 2001, recorded in Volume 4893, Page 1540, Real Property
Records, Denton County, Texas, and as shown on Survey dated
January 22, 2002, revised September 2, 2003 prepared by Todd A.
Bridges RPLS #4940 of Carter & Burgess, Inc.
Continued on next page
Attached to and made a part of Stewart Title Guaranty Company
Policy No. 0-5893-40797
File No. : 01102277
e. Easement from 156 Alliance Partners, Ltd. to Southwestern Gas
Pipeline, Inc. by instrument dated January 12, 2001, filed
October 15, 2001, recorded in Volume 4943, Page 1586 and
correction filed November 16, 2001 recorded in Volume 4966,
Page 1332, Real Property Records, Denton County, Texas.
f. Easement from 156 Alliance Partners, Ltd to Southwestern Gas
Pipeline, Inc. by instrument dated January 12, 2001, filed
October 15, 2001, recorded in Volume 4943, Page 1586, Real
Property Records, Denton County, Texas.
g. Easement from 156 Alliance Partners, Ltd. to Southwestern Gas
Pipeline, Inc. by instrument dated April 16, 2001, filed ,
January 22, 2002, Volume 5007, Page 2412, Real Property Records,
Denton County, Texas.
h. Easement from 156 Alliance Partners, Ltd. to Southwestern Gas
Pipeline, Inc. by instrument dated April 17, 2001, filed
January 22, 2002, recorded in Volume 5007, Page 2396, Real
Property Records, Denton County, Texas.
i. Easement from M.T. Cole Trusts #2 & #3 to Southwestern Gas
Pipeline, Inc. by instrument dated August 4, 2003, filed
September 29, 2003, recorded in Volume 5427, Page 4515, Real
Property Records, Denton County, Texas.
j . An oil, gas and mineral lease dated March 27, 1930, filed April
3, 1931, in favor of David Maloney as lessee, and recorded in
Volume 235, Page 359, Real Property Records, Denton County,
Texas. Title to said lease has not been examined subsequent to
the dated of its execution.
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
k. An oil, gas and mineral lease dated January 5, 1983, filed
February 17, 1983, in favor of Go Oil Corp. as lessee, and
recorded in Volume 1195, Page 329, Real Property Records, Denton
County, Texas. Title to said lease has not been examined
subsequent to the dated of its execution.
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
1. An oil, gas and mineral lease dated September 29, 1988, filed
November 2, 1988, in favor of Mitchell Energy Corporation as
lessee, and recorded in Volume 2479, Page 441, Real Property
Records, Denton County, Texas. Title to said lease has not been
examined subsequent to the dated of its execution.
Continued on next page
i ' Attached to and made a part of Stewart Title Guaranty Company
Policy No. 0-5893-40797
File No. : 01102277
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
m. An oil, gas and mineral lease dated November 5, 1999, filed
November 12, 1999, in favor of Mitchell Energy Corporation as
lessee, and recorded in Volume 4466, Page 1504, Real Property
Records, Denton County, Texas. Title to said lease has not been
examined subsequent to the dated of its execution.
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
n. An oil, gas and mineral lease dated March 21, 2001, filed April
12, 2001, in favor of Mitchell Energy Company, L.P. as lessee,
and recorded in Volume 4815, Page 2611, Real Property Records,
Denton County, Texas. Title to said lease has not been examined
subsequent to the dated of its execution.
The above referenced Oil, Gas and Mineral Lease may be removed
provided Company is furnished: (1) Evidence there has been no
production; (2) Properly executed Affidavit of Non-production
pursuant to Underwriters guidelines.
o. An undivided one-half (1/2) royalty interest in and to all the
oil, gas, and other minerals on, in, under or that may be
produced from the subject property, as set forth in instrument
dated August 15, 1997, filed August 19, 1997, recorded in
Clerk's File No. 97-R0057069, Real Property Records, Denton
County, Texas.
p. Rights of tenants, and assigns, as tenants only, under currently
effective lease agreements.
q. Terms, conditions, provisions and stipulations of Agreed
Judgment, by and between The Atchison, Topeka and Santa Fe
Railway Company and Bob Cole, Don Cole, and Virgina Cole
Houston, Individually and as Trustees of the M.T. Cole Trusts 2
and 3, dated April 12, 1993, filed April 12, 1993, recorded in
Clerk's File No. 93-R0021055, Real Property Records, Denton
County, Texas; and Memorandum of Option Agreement dated May 23,
1995, filed May 25, 1995, recorded in Clerk's File No.
95-R0030161, Real Property Records, Denton County, Texas.
r. Terms, conditions, provisions and stipulations of Affidavit
Concerning Easement and Right-of-Way and Agreed Judgment, by
and between Amy Cole Griffin, Trustee et al and The Atchison,
Topeka and Santa Fe Railway Company, dated July 8, 1997, filed
July 8, 1997, recorded in Clerk's File No. 97-R0046155, Real
Property Records, Denton County, Texas.
Continued on next page
' Attached to and made a part of Stewart Title Guaranty Company
Policy No. 0-5893-40797
File No. : 01102277
s. Option to purchase and/or right of first refusal in favor of
Susan Bonner Mead, Amy Cole Griffin, and Don Cole, as Trustees,
recorded in Clerk' s File No. 97-R0057071, of the Real Property
Records of Denton County, Texas.
t. The location of fences and roads, as depicted on the survey
dated 1/22/02, prepared by Todd A. Bridges, RPLS # 4940 with
Carter & Burgess.
u. The location of well sites as depicted on survey dated January
22, 2002, revised September 2, 2003, as prepared by Todd A.
Bridges RPLS #4940 of Carter & Burgess, Inc.
e,tAo �fy
City of Fort Worth, Texas `W°?r
imagor and Council Communication
DATE REFERENCE NUMBERLOG NAME PAGE
9/2/03 G-14079 12COLETRUST 1 of 1
SUBJECT SETTLEMENT OF LAWSUIT: CITY OF FORT WORTH VS. SUSAN BONNER MEAD,
AMY COLE GRIFFIN AND DON COLE AS TRUSTEES FOR THE MARY JANE
MARSHALL TRUST, MARTIN THOMAS COLE TRUST, WILLIAM RALPH COLE
TRUST, JACK LEWIS COLE TRUST, CAUSE NO. ED-2003-00416-2
RECOMMENDATION:
It is recommended that the City Council approve settlement of all claims arising from the condemnation
of property for the extension of the runway at Alliance Airport.
DISCUSSION:
The City instituted this condemnation case on April 30, 2002 (M&C L-13291), for the Alliance Airport
Runway extension project. After extensive negotiating between City staff, the property owners, and the
Federal Aviation Administration (FAA), all parties have agreed on a settlement. Under the settlement,
the City will acquire approximately 175 acres for $4,000,000. Settlement of this case completes the
acquisition from the property owners of the land needed for extending the runway to 13,000 feet.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Airport Grant Fund.
RZ:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Richard Zavala(Acting) 6183
Originating Department Head:
David Yett 7623 (from) APPROVED 09/02/03
GR14 541100 055218793010 $ 319,752.00
Additional Information Contact: GR14 541100 055218731010 $3,680,248.00
David Yett 7623