HomeMy WebLinkAboutResolution - 2025-R0376 - MOU Neufeld Real Estate, Street, Public Use, ROW Deed, 66Th & Wausau - 08/26/2025R�esolution No. 2025-R0376 2025048825 5 PGS DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAYREMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITYNUMBER OR YOUR DRIVER'S LICENSE NUMBER.
66'h Street Expansion
Parcel No.16
7440 66"' St., Lubbock, TX 79407
1.00 acre out of Section 34, Block AK, Abstract 243
CITY OF LUBBOCK
STR.EET, PUBLIC USE AND R�GHT Oi' WAY DEED
THE STATE OF TEXAS
COUNTY OF LUBBOCK
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT NEUFELD REAL ESTATE, LLC, herein called "GRANTOR", for and in
consideration of the sum of TEN AND NO/100 (� ] 0.00) DOLLARS and other good and valuable
consideration, to them in hand paid by the C1TY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, Grantor does hereby grant, sell, and convey to Grantee for public use
forever and for streec right-of-way and utility purposes, the following described tract of land
situated in Lubbock County, Texas, as more particularly described in the attached Exi�ibit "A".
GRANTOR agrees to grant the property described in Exhibit "A" and releases the City of
Lubbock from the obligation of obtaining an appraisal under Chapter 21 of the Texas Property
Code.
TO HAVE AND TO HOLD this above-described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the said public forever so long as
said premises are used for public street purposes.
[SiGNATURES APPEAR ON THE FOLLOWING PAGE]
Street, Public Use and Right of Way Deed Va. 8.1013
WITNESS MY HAND this � day of� ���, 2025
GRANTOR:
N�UFELD EAL ESTATE, L C
.��
David T. Neufeld, Sr., S e Managing Member
Neufeld Real Estate, LLC
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF �� a � �
.
This instrument was acknowledged before me on the � day of ,�,�,� __ , 2025 by
David T. Neufeld, Sr., as Sole Managing Member of Neufeld Real Estate, LLC. The
acknowledging person personally appeared by:
�physically appearing before me.
❑ appearing by an interactive two-way
requirements for online notarization under T
���"vP'�• FRANCHESCA M VALDEZ
. 1r4... �a'%
;2:'' :�,- f�'�tar� Publ�c State of Texas
"s'^�:�•�ec Comm. Expires 07-17-2027
�F��F,�}�` Notary ID 124621329
��/111���
Grantee's Address:
City of Lubbock
1314 Avenue K, 7th Floor
Lubbock, TX 79401
and video communication that meets the
vernment Code chapter 406, subchapter C.
�r� � '`��',�7�
NOTARY PUBLIC, STAT� �F
My Commission Expires: (�
Street, Public Use and Right of Way Deed Ver. 8.10.23
�
P A R T N E R S
5010 122nd Street, Lubbock, TX 79424
Ph: (806) 993-3000/ FAX: (806) 993-3001
City of Lubbock
1401 Avenue K, Lubbock, TX 79401
RE: Tract 16, Lubbock, TX 79407
Dear Sir/Madam:
Regarding your recent purchase of the above referenced property, please find enclosed the
following items:
Original recorded Warranty Deed conveying title to the property
Original Owner's Title Policy
We appreciate the opportunity to be of service to you and hope that you will not hesitate to
choose True Title Partners in the future.
Sincerely,
True Title Partners
ESSENTTM
ESSENT TITLE INSURANCE, INC.
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una queja:
You may call Essent Title Insurance, Inc.'s toll-free Usted puede llamar a] numero de telefono gratis de Essent
telephone number for information or to make a complaint Title lnsurance, Inc. Insurance Company's para
at: informacion o para someter una que;ja al:
866-483-2763 866-483-2763
You may also write to Essent Title Insurance, Inc. at: Usted tambien puede escribir a Essent Title Insurance, Inc.
at:
Essent Title Insurance, lnc.
Corporate Headquarters, Two Radnor Corporate Center, Essent Title Insurance, lnc.
100 Matsonford Road Corporate Headquarters, Two Radnor Corporate Center,
Radiior, PA 19087 100 Matsonf'ord Road
Radnor, PA 19087
You may contact the Texas Department of Insurance to Puede comunicarse con el Departamento de Seguros de
obtain information on companies, coverages, rights or Texas para obtener informacion acerca de companias,
complaints at: coberturas, derecl�os o quejas al:
800-252-3439 800-252-3439
You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas:
P.O. Box 12030 P.O. Box 12030
llustin, TX 78711-2030 Austin, TX 7871 I-2030
Fax:512-490-1007 Fax:512-490-1007
Web: www.tdi.texas.gov Web: www.tdi.texas.gov
E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS:
Should you havc a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un
about a claim you should contact the agent or the company reclamo, debe comunicarse con el agente o la compania
first. If the dispute is not resolved, you may contact ihe primero. Si no se resuelve la disputa, puede entonces
Texas Department of Insurance. comunicarse con el departamento (T'DT).
ATTACH THIS NOTICE TO YOUR POLICY: This UNA ESTE AV1SO A SU POLIZA: Este aviso es solo
notice is for information only and does not become a part or para proposito de informacion y no se convierte en parte o
condition of the attached document. condicion del documento adjunto.
�:ss��c'rx-or—��
Owner's Pulicy of7'itic Insurancc
Form T=1
Effective 11-1-2(1?4
Issucd by: Essent Titic Insurancc, Inc.
Issued By:
POLICY NUMBER:
TX-26881962-OP-1-A
ESSENTTM
ESSENT TITLE INSURANCE, INC.
Corporate Hcadquartcrs, Two Radnor Corporate Center
100 Matsonford Road, Racinor, PA 19087
Phone: 8G6-483-2763 Fax: 573-442-3927 Website: www.essent.us/title
Issuing Agent:
True Title Partners dba True Title Company, LLC
5010 122nd Street
Lubbock, Texas 79424
OWNER'S POLICY OF TITLE INSURANCE (Form T 1)
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy
must be given to the Company at the address shown in Section 1$ of the Conditions.
C4VERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, TIiE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDiTLE B AND THE CONDITIONS, Essent Title Insurance, Inc., a Pennsylvania corporation (the "Company") insures,
as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not
exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
Title being vested other than as stated in Schedule A.
Ai�y defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a govemmental authority dtie or payable, but
unpaid.
Essc�t'fx-oP—v7
ON�ner's Policy of Titic Insuruncc
Form 7=1
Effective I I-1-20?4
TX-26R81962-OP-1-A
Issucd by: Essent Titic lnsurancc, Inc.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land. [This coverage is deleted by Schedule B. Exceptions
From Coverage Paragraph 2, unless a survey of the Land acceptable to Company is timely provided and the
applicable premium is paid to amend the exception to "shortages in area"]
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its
inception on or before Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that norice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercisc, dcscribing any part of the Land, is recorded in
the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in
part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest
in the Land occuning prior to the transactiou vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferentia] 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 fcderal banktvptcy, 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 othcr instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, atcomeys' fees and expenses incurred in defense of any matter insured against by this
Policy, but only to the extent provided in the Conditions.
Essent Title Insurance, Inc.
l�:x�
i � � x
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usu,.,� n tt,ayo., aa�e
Essent TX-OP-v7
Owner's Policy ofTitic Insuruncc
Form T-1
Effective 11-1-2024
TX-26881962-OP-1-A
Issucd by: Essent Title lnsurancc, Inc.
EXCLUSiONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damagc,
costs, attomeys' fees or expenses which arise by reason of:
(a) Any law, ordinance, perrnit, or governmental re�ulation (includin� 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 governmentat police power. This Exclusion ](b) does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. Tlus Exclusion does not modify or limit the coverage providcd under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims or other rhatters:
(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) resulring in no loss or damage to the lnsured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
wider 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 insolvcncy, or similar creditors' rights laws, tl�at the
transaction vesting the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent h-ansfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
Any lien on ihe Title for real estate taxes or assessments imposed by governmentai authority and created or attaching
bekween Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that
vests Title as sliown in Schedule A.
6. The refusal of any person to purchase, lease or lend money on tl�e estate or interest covered hereUy in the land
described in Schedule A because of Unmarketable Title.
Essent "I'X-OP—v7
Owncr's Policy� of Titic Insuruncc
Form T 1
Effective 1 I-1-2(124
TJC-26881962-OP-1-A
Issucd by: Essent Titic lnsurancc, Inc.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' 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. Thc following restrictive covenants of record itemized below (the Company must either insert specific recording data or
delete this exception):
2. Any discrepancies, conflicts, or shortages in area or boundaty lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorsliip riglits, if any, of any spouse of any lnsured.
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 riglrts, or
(e) to the area extending from the line of inean low tide to the line of vegetation, or the right of access to that area or
easement along and across that area.
Standby fees, taxes and assessments by any taxing authority for the year _, 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).:
Essent'I'X-OP—v7
Owner's Pulicy of 7'itic Jnsuruncc
Form 7=1
Effective I I-1-2(124
TX-26R819b2-OP-1-A
Issucd by: Essent Titic Lnsurancc, Inc.
CONDITIONS
DEFINITION OF TERMS.
Tlie following tenns 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
thrs policy, increased by Section 8(b), or decreased by Sections ] 0 and 1 l 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 simi]ar 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, dish-ibution 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, sliares, memberships, or other equity interests of the grantee are wliolly-owned by
the named Insured,
(2) If the grantee wholly owns the named Insured,
(3) If che grantee is wholly-owned by an affiliated Entity of the named Insured, pruvided 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.
(fl "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an
Insur•ed by reason of the Pttbtic Records or any other records that impart constructive notice of matters affecting
the Title.
(g) "Land": the land described 'tn Schedule A, and affixed improvements that by law constitute real property. The
tem� "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 tnist, trust deed, or other security instrument, including one evidenced by
electronic means audiorized 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 aud 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 tlie 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.
CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Po]icy 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 warrantics 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.
E:ssent'I'X-OP—v7
Owncr's Policy ofTidc Insur�ncc
Form T-1
Effective 1 I-1-2(1?4
TJ�-268R1962-OP-i-A
Issued by: Essent Titic Insurance, Ine.
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 ]oss or damage for which the Company may be ]iable by virtue of this policy. Tf the
Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, tlie Company's liability to the
lnsured Claimant under the policy shall be reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the Compaiiy as requued 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 sliall 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 cxception for the lien,
encumbrance, adve;rse 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 O.F LOSS.
!n the event the Company is unable to deterniine the amount of loss or damage, the Company may, at its option, require
as a condition of payment that the lnsured Claimant furnish a signed proof of loss. The proof of loss must describe the
defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTiONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these
Conditions, the Company, at its own cost and witliout unreasonable delay, shall provide for the defense of an
lnsured in litiaation in which any third party asserts a claim covered by this policy adverse to the Insiircd. 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 wiil 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 tl�e right, in addition to the optiuns 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, whetlier or not it shall be liable to the lnsured.
The exercise of these rights shall not be an acimission 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.
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy pennits 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, ii�cluding the rigl�t to use, at its option, ihe name of the Insured for
this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the
Essent'1'X-OP—v7
Owner's Policy ofTitic Insurvncc
Eorm T 1
Effective 11-1-2024
TX-26$R1962-OP-1-A
Issucd by: Essent Title lnsurancc, Inc.
Company all reasonable aid (i) in securing evidence, obtaining wimesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any othcr 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 lnsured 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.
(U) The Company may reasonably require the Insured Claimant to submit to examination under oath by any
authorized representatrve of the Company and to produce for examination, inspection and copying, at such
reasonable times and places as may be designated by the authorized representative of the Company, all records,
in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails,
disks, tapes, and videos whether bearing a date before or after Date of Policy, that rcasonably 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 nccessary 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 g�vernmental regulation, shall terminate any
liability of the Company under this policy as to ihat claim.
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 ttie Company to tlie Insured under this policy, otl�er than to make the payment
required in this subsection, shall tenninate, including any liability or obligation to defend, prosecute, or conlinue
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 tip to the time of payment and that
the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant ihe loss or damage provided for under this policy,
together with any costs, attorneys' fees and expenses incuned by the insured Claimant that �vere authorized
by the Company up to the time of payment and tl�at the Company is obligated to pay. Upon the exercise by
the Company of either of thc 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, othcr than the payments required to be made,
shall terminate, including any liability or obligarion to defend, prosecute or continue any litigation.
DETERMINATTON AND EXT'ENT 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 tlie 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 ] 0%, and
(ii) the Insured Claimant shall have the right to liave the loss or damage determined either as of the date the
claitn was made by tlie lnsured Claimant or as of tlie date it is settled and paid.
Essent'I'X-OP-v7
Owner's Policy of Title Insurance
Form T-1
Eftective 11-1-20?4
TX-26R81962-OP-1-A
lssucd by: Essent Titic Insurancc, Inc.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and
expenses incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILiTY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a
right of access to or from the Land, all as insured, or takes action in accordauce witli Section 3 or 7, in a
reasonably diligent manner by any method, including litigation and the completioii of any appeals, it shall have
fully perforn�ed its obligaeions wich respect to that matter and shall not be liable for any loss or damage caused co
theInsured.
(b) Tn 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 bc liable for loss or damage to the lnsured for liability voluntarily assumcd 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 LIABILTTY.
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 paymeut.
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 pay�nent 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
payrnent shall be made within 30 days.
13. RI.GHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Coinpany shall have settled and paid a claim under tliis 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 tlie
lnsured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees
and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents
to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the
Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of ihe 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 rigllts.
14. ARf31TftATION.
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 witli its issuauce or the breach of a policy provision, or to any other
controversy or claim arising out of the iransaction giving rise to this policy. All arbitrable matters when the Amount of
Inswance 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 y2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration
Essent'1'x-Or-v7
Owncr's Policy ofTitic Insurvncc
Form 1=1
Effective 11-1-20?4
Ta-26881962-OP-1-A
Issued by: Essent Titic lnsurancc, Inc.
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. LIABILIT'Y LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached to it by the Company is tlie entire policy and contract
betwecn thc Instired and the Company. ln 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 clain�, 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 sliall 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 cffect.
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 shal] the court or arbitrator apply its conflicts of ]aws principles to determine the
applicable law.
(b) Clioice of Forum: Any litigation or other proceeding brouglrt by the Insured against the Company must be filed
only in a state; or federal court within the Unitcd States of America or its territories having appropriate
j urisdiction.
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 Corporate Headquarters, Two Radnor Corporate Center, 100 Matsonford Road,
Radnor, PA 19087, or by Email to titleclaims@essent.us.
�ss��c'rx-or—��
Owner's Policy of Titic Insurancc
Form T-t
Effective I 1-1-2024
TX-26881962-OP-1-A
lssucd by: Essent Titic Insurancc, Inc.
SCHEDULE A
Name and Address of Title Insurance Company:
Essent Title Insurance, Inc.,
Two Radnor Corporate Center, 100 Matsonford Road, Radnor, PA 19087
File No.: LBK-25-187 Policy No.: TX-26881962-OP-1-A
Address for Reference only: Tract 16, Lubbock, TX 79407
Amount of Insurance: $42,824.00 Premium: $448.00
Date of Policy: December 16, 2025 at 11:06 AM
Name of Insured:
City of Lubbock, Texas, a home rule 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 Lubbock, Texas, a home rule municipal corporation
4. The land referred to in this policy is described as follows:
A 0.140-acre (6,108-square foot) right-of-way tract in Section 34, Block AK, Lubbock County,
Texas, being a portion of that certain tract of land conveyed to Neufeld Real Estate, LLC, described
in warranty deed recorded in County Clerk's File Number 2016012493 of the Official Public
Records of Lubbock County, Texas, said 0.140-acre tract being further described by metes and
bounds as follows:
BEGINNING at a point in the south line of said Section 34, at the southwest corner of said parent
tract, for the southwest corner of this tract, said beginning point having coordinates of
NORTHING: 7,258,709.07 and EASTING: 907,607.64, Texas Coordinate System, North Central Zone
4202, North American Datum of 1983, whence a railroad spike found at the southwest corner of
said Section 34 bears North 88 degrees 09 minutes 36 seconds West a distance of 2900.27 feet;
(1) THENCE North 01 degrees 49 minutes 06 seconds East, along the west line of said parent tract,
a distance of 52.88 feet to a 1/2-inch Iron rod with a plastic cap marked "PARKHILL RPLS 6453" set
for the northwest corner of this tract;
(2) THENCE South 88 degrees 12 minutes 14 seconds East a distance of 115.41 feet to a 1/2-inch
iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in the east line of said parent tract,
for the northeast corner of this tract;
(3) THENCE South 01 degrees 48 minutes 45 seconds West a distance of 52.97 feet to a point in
the south line of said Section 34, at the southeast corner of said parent tract, for the southeast
corner of this tract, whence a railroad spike found at the southeast corner of said Section 34 bears
South 88 degrees 09 minutes 36 seconds East a distance of 2268.19 feet;
(4) THENCE North 88 degrees 09 minutes 36 seconds West, along the south line of said Section 34
and the south line of said parent tract, a distance of 115.41 feet to the POINT OF BEGINNING.
Form T-1 Sec. II Effective November 1, 2024
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein.
Any statement in the above legal description of the area or quantity of land is not a
representation that such area or quantity is correct, but is made only for informational purposes
and does not override item 2 of Schedule B hereof.
C�ra,�u� `�+. Y�
Authorized Signature
Form T-1 Sec. II Effective November 1, 2024
SCHEDULE B
File No.: LBK-25-187
EXCEPTIONS FROM COVERAGE
Policy No.: TX-26881962-OP-1-A
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:
The following restrictive covenants of record itemized below (the Company must either insert
specific recording data or delete this exception):
Item No. 1, Schedule B, has been deleted in its entirety.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements. Covered Risk 2(c) is hereby deleted.
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 inean low tide to the line of vegetation, or the right
of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2026, 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.):
Rights of parties in possession.
Rights of tenants, as tenants only, under unrecorded leases or rental agreements.
Form T-1 Sec. II Effective November 1, 2024
c. 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.
d. Rights of the public, the State of Texas and the municipality in and to that portion of subject
property, if any, lying within the boundaries of any roadway, public or private.
e. All leases, grants, exceptions, or reservations of the geothermal energy and associated
resources below the surface of the land, together with all rights, privileges, and immunities
relating thereto, appearing in the Public Record whether listed in Schedule B or not. There
may be leases, grants, exceptions or reservations of the geothermal energy and associated
resources below the surface of the land that are not listed.
Subject to the Right of Way Easement, recorded on October 29, 1969 in Volume 1217, Page
512 in the Deed Records of the Lubbock County, Texas.
g. Subject to the Right of Way Easement, recorded on October 29, 1969 in Volume 1217, Page
518 in the Deed Records of the Lubbock County, Texas.
h. Subject to the Easement of Right of Way, recorded on October 5, 1970 in Volume 1245,
Page 505 in the Deed Records of the Lubbock County, Texas.
Subject to the Transmission Line Right-of-Way Easement, recorded on October 10, 1978 in
Volume 1608, Page 523 in the Deed Records of the Lubbock County, Texas.
Terms and provisions of a lease dated August 1, 2012, executed by Bonnie Jean Blevins as
lessor and The Caffey Group, L.L.C. as lessee, a memorandum of which is recorded on
August 9, 2012 under County Clerk's File No. 2012032041 and Amendment to
memorandum of Oil and Gas Lease recorded on November 16, 2012 under County Clerk's
File No. 2012045887 in the Official Public Records, Lubbock County, Texas.
k. The Land lies within the boundaries of Hi Plains Water.
Terms and conditions as contained within Street, Public Use and Right of Way Deed by and
between City of Lubbock, Texas, a home rule municipal corporation and Neufeld Real
Estate, LLC, recorded on December 16, 2025 in Document No. 2025048825, Official Public
Records, Lubbock County, Texas.
m. Section 14 of the Conditions of this Policy is hereby deleted.
Form T-1 Sec. II Effective November 1, 2024