HomeMy WebLinkAboutResolution - 2025-R0444 - MOU Carter & Patricia Shuman, .175 Acres, Section 34, Abstract #243, Parcel 15 - 10/14/20252026019783 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 INSTR UMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITYNUMBER OR YDUR DRIVER'S LICENSE NUMBER.
66�'' Street Expansion
Parcel No. 15
7444 66«" St., Lubbock, TX 79407
2.50 acres out of Section 34, Block AK
CiTY OF LUBBOCK
STREET, PUBLIC i7SE AND R1GHT OF WAY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OP LUBBOCK §
THAT CARTER AND PATRICIA SHUMAN, herein called "GRANTOR", for and in
consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable
consideration, to them in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, Grantor does hereby grant, sell, and convey to Grantee for public use
forever and for street right-of-way and utility purposes, the followmg described tract of land
situated in Lubbock County, Texas, as inore particularly described in the attached Exhibit "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 Ver. 8.10.23
�
PARTf�ERS
5010 122nd Street, Lubbock, TX 79424
Ph: (806) 993-3000/ FAX: (806) 993-3001
City of Lubbock
1314 Avenue K, 7th Floor
Lubbock, Texas 79401
RE: Tract 15, 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
To obtain information or make a complaint:
You may call Essent Title Insurance, lnc.'s toll-free
telephone number for information or to make a complaint
at:
866-483-2763
AVISO IMPORTANTE
Para obtener inforn�acion o para someter una queja:
Usted puede llamar al numero de telefono aratis de Essent
Title Insurance, Inc. Insurance Company's para
infoin�acion o para someter una queja al:
866-483-2763
You may also write to Essent Title Tnsurance, Inc. at: Usted tambien puede escribir a Essent Title Insurance, Tnc.
at:
Essent Title Insurance, Inc.
Co�porate Headquarters, Two Radnor Corporate Center, Essent Title Insurance, Tnc.
1 UU Matsonford Road Corporate Headquarters, Two Radnor Corporate Center,
Radnor, PA ] 90$7 100 Matsouford Road
Radnor, PA 19087
You may contact the Texas Dcpartment of Insurance to Puedc comunicarse con el Departamento de Seguros de
obtain information on companies, coverages, rights or Texas para oUtener informacion acerca de campanias,
complaints at: coberturas, derechos o quejas al:
800-252-3439
� You may write the Texas Department of Insurance:
! P.O. Box 12030
� Austin, TX 78711-2030
' Fax:512-490-]007
! Web: www.tdi.texas.gov
� E-mail: ConsumerProtection@tdi.texas.gov
800-252-3439
Puede escribir al Departamento de Seauras de Texas:
P.O. Box 12030
Austin, TX 78711-?030
Fax:512-490-]007
Web: www.tdi.texas.gov
E-mail: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIM�S O RECLAMOS:
Sl�ould you have a dispute concerning your premium or Si tieue una disputa concerniente a su prima o a un
' about a claim you should rontact the agent or the cumpany reclamo, debe comunicarse con el agente o la compania
� first. If the dispute is not resolved, you may contact the primero. Si no se resuelve la disputa, puede entonces
I Texas Deparm�ent of Insurance. comunicarse con el departamento (7'DI).
ATTACH TH1S NOTICE TO YOUR POLICY: This UNA ESTE AVISO A SU POLIZA: Este aviso es solo
notice is for infonnation only and does not become a pa�t or para proposito de infonnacion y no se convierte en parte o
condition of the attached document. condicion del documento adjunto.
F..sscnt TX-OP—v7
qwncr's Policy of Titic Insurance
Form T 1
L-ffccti��c 11-1-2024
Issued by: Essent Title Tnsurance, Inc.
Issued By:
ESS E N T TM
ESSENT TITLE INSURANCE, INC.
Corporate Headquarters, Two Radnor Corporate Center
100 Matsonford Road, Radnor, PA 19087
Pl�one: 866-483-2763 Fax: 573-44?-3927 WeUsite: www.essent.us/title
issuing Agent:
True Title Partners dba True Title Company, LLC
5010 122nd Street
Lubbock,Texas 79424
POLiCY NUMBER:
TX-2751 l 799-OP-1-A
OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Any notice of claim and any uther notice or statement in wriring required tu be given the Company under this Pulicy
must be given to the Company at the address shown in Section l.8 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COV�,RAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS, Essent Title Insurance, Inc., a Pennsylvania corporation (tl�e "Company") insures,
as of Date of Policy and, to tlie extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not
exceeding the Amount of Insurance, sustained or incuned by the Insured by reason of:
Title bein� vested other than as stated in Schedule A.
Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from:
(a) A dcfect in the Titic causcd by:
(i) foreeiy, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entiry 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 otlierwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those
acts by elcctronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
F..ssent TX-OP-v7
Owncr's Policy ofTitic Insurance
Form T-1
Effcctivc 11-1-2024
7'a-27511799-O P-1-A
Issued b�•: Essent Title lnsurance, 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 thc Land. The tcrm "encroachmenf' includes
encroachments of existing improvements located on the Land onto adjoining land, aud encroachments onto the
Land of existing improvements located on adjoining land. [Tl�is coverage is deleted by Schediile B. Exceptions
From Coverage Paragraph 2, uuless a suivey of the Land acceptable to Company is tiinely provided and the
applicable premium is paid to ameud die exception to "shortages in area"]
(d) Any statutory or constitutional meclianic's, contractor's, or materialman's lien for labor or materials having its
inception on or before Date of Policy.
Lack of good and indefeasible Title.
4. No riglrt of access to and from thc Land.
The violation or enforcement of any law, ordinance. permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibitina or relating to:
(a) tlie occupancy, use or enjoymeut 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 referrecl to in that notice.
6. An enforcement action based on the cxercise of a governmental police power not covered by Covered Risk 5 if a noticc
of the enforcement actron, describing any part of the Land, is recorded in the PuUlic Records, but only to the extent of
the enforcemcnt rcfened to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for valuc without
Knowledge.
9. Title bcing vested other than as stated in Schedulc A or being defective: (a) as a result of the avoidance in whole or in
part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest
in the Land occurring prior to the transaction vestin; Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer uuder federal bankruptcy, state insolvency or similar creditors' rights
laws; or (b) because tl�e instrument of transfer vesting Title as shown in Scl�edule A constin�tes a preferential transfer
under federal banluuptcy, state insolvency or similar creditors' riglits laws by reason of the failure of its recording in
the Public Records: (i) to be timely, or (ii) to impa�•t uotice 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 l througi� 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incun•ed in defense of any matter insured against by this
Policy, but only to the extcnt provided in the Conditious.
Essent Title Insurance, Tnc.
�r����
�a_:, s"1
K•i1L.s P H�7Vo�. P�a�
Esscnt TX-OP-v7
O�vncr's Policy ofTitic Insurance
Form T-I
Effcctivc 1 ] -1-2024
1'X-27511799-OP-1-A
Issued by: Essent Title Insurance, inc.
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:
(a) Any law, ordinauce, permit, or governmental regulation (including chose relating to building and zoning)
resh•icting, reb lating, prohibiting or relating to:
(i) die 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 protcction;
or the effect of any violation of these laws, ordinances or governmen[al regulations. This Exclusion 1(a) does noc
modify or limit tl�e coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
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 dan�agc to the Insured Claiinant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
under Covered Risk 9 and I O); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Title.
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction vesting the Title as shown in Schedule A, is:
(a) a fraudulenc conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
Any lien on the Title for real estate taxes or assessments imposed by governmental authority ancf created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A.
Thc refi�sal of any person to purchasc, lease or lend moiiey on the estate or intcrest covcred hereby in the land
described in Schedule A because of Unmarketable Title.
F..sscnt TX-OP-v7
Ow•ncr's Policy of Tidc Insurance
Form T-1
L-ffccti��c 11-I-2024
T7C-27511799-OP-1-A
Issued by: Essent Title Insurance, Inc.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following
matters:
1. The following restrictive covenants of record itemized below (tlie Company must either insert specific recording data or
delete this exception):
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlappina of improvements.
3. Homestead or community property or survivorship rigl�ts, 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 d�e harbor or bulkhead lines as established or changed by any government, or
(c) to filled-in lands, or artificial islands, or
(d) to statutory watcr rights, including riparian rights, or
(e) to the area extending from the ]iue 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 iu land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a previous owuer of the property under Section
11.13, Texas Tax Code, or because of improvements not assesscd for a prcvious tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must
inscrt matters or delete this exception).:
F.,sscnt TX-OP—v7
Q�vncr's Policy of Titic Insurance
Form T-1
Effcctivc 11-1-2024
7`X-27511799-OP-1-A
Issued by: Essent Tille Insurance, Inc.
CONDITIONS
DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": tl�e amount stated in Schedu]e A, as may be increased or decreased by endorseme:�t to
this policy, increased by Section �(b), or decreased by Sections 1 U and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, tn�st, limited liability co►npany or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) The tenn "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 kiri;
(B) successors to an insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an bisured under a deed delivered without payment of actual valuable consideration
conveying the Title;
(1) lf the stock, shares, memberships, or other equity interests bf the arantee are wholly-owned by
the named I.nsured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly-uwned by an affiliated Entity of the iiamed Insured, provided tl�e
affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,
or
(4) Tf the arantee rs a trustee or beneficiary of a trust created by a written instrument established
by the lnsured nanied 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 lnsured claiming loss or damage.
(fl °Knowledge" or "Known": acival knowledge, not consnuctive knowledge or notice that may be imputed to an
Insured by reason of the Public Records or any other records that impart constructive notice of matters aff'ecting
the Title.
(g) "Land": the land described in Schedule A, and affixed iinprovements that by law constitute real property. The
term "Land" does not include any property Ueyond the lines of the area described in Schcdule 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 truse, trust deed, or other security inscrument, including one evidenced by
electronic means authorized by law.
(i) "Public Records": records established under state statutes at Date of Policy for tl�e purpose of imparting
constructive uotice of matters relating to real property to purchasers far value and without Knowledge. With
respect to Covered Risk 5(d), "PuUlic Records" shall also include environmental protection liens filed in tl�e
records of the clerk of the United States District Court Cor 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 �vould permit a prospcctivc purcl�aser
or lessee of the Title oi• 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 tide.
2. CONTTNUATiON OF INSURANCE.
The coverage of tliis policy sliall continue in force as of Date of Policy in favor of an Insured, but only so long as the
Insured retains an estate or interest in ihe Land, or holds an obliaation secured by a purchase money MortBaae Diven by
a purchaser from tlie lnsu►•ed, or oi�ly so long as the lnsured shall have liability by reason of warranties ii� any t►-ansfer
or conveyance ot the Title. Tl�is 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.
F..sscnt TX-OP-v7
Owncr's Policy of 7'iUc Insurance
Form T-1
Effcct9vc 11-1-20?4
TX-27511'799-OP-1-A
issued by: Essent Title Insurance, Inc.
NOTTCE 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 chac is adverse to the Title,
as insured, and that might cause loss or damage for which the Company may be liable by virtue of'this policy. lf the
Company is prejudiced by the failure of the Insured Claiinant to provide prompt notice, the Company's ]iability to the
Insured Claimant under the policy shal] be reduced to the extent of the prejudice.
When, after thc Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse
claim or other defect in Title insured by this policy tl�at is not excluded or excepted from the coverage af tliis policy, the
Company shall promptly investigate thc charge to determine whether the lien, encumbrance, adverse claim or defect or
other matter is valid and not ban•ed 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
sliall specifically advise the lnsured of tlie reasons for its determination. If the Company concludes that the ]ien,
encumbrance, adverse clairn or defect is valid, tlie Company shall take one of the following actions: (i) institute the
necessary proceedings to clear the lien, encumbrance, adverse claim or dcfect from the Title as insured; (ii) indeninify
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 oi• defect, said policy to be
in an amount equa] to the cunent value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another
title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien,
encumbrance, adverse claim or defect; (v) secure a release or other docun�ent discharging the lien, encumbrance,
adverse claim or defect; or (vi) undertake a combination of (i) throuah (v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require
as a condition of payment that the insured Claimant furnish a signed proof of loss. The proof of loss must describe the
defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculatina the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTTONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these
Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an
insured in litieation in which any third party asser[s a claim covered by this policy adverse to the insured. This
obligation is limited to only thosc stated causes of action alleging matters insurcd against Uy this policy. The
Company shal] have the right to select counsel of its choice (subject to the right of the Tnsured to objec[ for
reasonablc cause) to represent thc Insured as to those stated causes of action. It shall not be liable for and will not
pay the fees of any other counsel. The Company wrll not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action tl�at allege matters not insured against by this policy.
(b) The Company shall have thc right, in addition to the options contained in Sections 3 and 7, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the Title, as insured, or to prevent or reducc loss or damage to thc Insured. The Company
may take any appropriate action under the terms of this policy, wl�ether or not it shall be liable to the lnsured.
The exercise of these riglrts shall not be an admission of liability or waiver of any provision of this policy. lf the
Company exercises its rights under this subsection; it must do so diliaently.
(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 detennination by a court of competent jurisdiction and it expressly
reseives the right, in its sole discretion, to appeal fi•om any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) in all cases where this policy permits or requires the Company to prosecute or provide for the defense of any
action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or
provide defense in the action or proceedine, including the right to use, at its option, the name of the Insured for
this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the
F..sscnt TX-OP—v7
qwncr's Policy of TiNc Insurance
Form T-1
Effcctivc 1 ]-1-2024
TX-27�11799-OP-1-A
lssued by: Essent Title Insurance, Inc.
Company all reasonable aid (i) in securing evidence, obtaining �vitnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any otlier lawful act that in the opinion of the Company may be
nccessaiy or desirable to establish the Title or any otl�er matter as insured. If thc Company is prejudiced Uy the
failure of the insured to furnish the required cooperation, the Company's abligations to the insured under the
policy shall ternlinate, including any liability or obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any
authorized representative of the Company and to produce for examination, inspection and copying, at such
reasonable times and places as may be designated by the authorized representative of the Company, all records,
in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails,
disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss
or damage. FurtUer, if requested by any authorized representative of the Company, the Insured Claimant shall
grant its percnission, in writing, for any authorized representative of the Cocnpany 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
sl�all not be disclosed to others unless, in tl�e reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any
reasonably requested information or grant permission to secure reasonably necessary info�riation fi•om third
parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any
liability of the Company under this policy as to that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
ln case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees
and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment
or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option,
all liability and obligations of the Compauy to the Insured under this policy, other than to make the payment
reqttired in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue
any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle witl� other parties for or in tl�e name of an Insured Claimant any claim insured
against u►�der this policy. ln addition, the Company will pay any costs, attorneys' fees and expcnses
incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that
the Company is obligated to pay; or
(ii) to pay or othervw�ise settle with the lnsured Claimant the loss or damage provided for under this policy,
toDetl�er with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized
by the Company up to tl�e time of paymenc and that the Compauy is obligated to pay. Upon the exercise by
the Co►npany of either of tl�e options provided for in subsections (b)(i) or (ii), the Company's obligations to
the Insurcd under this policy for the claimed loss or damage, other tl�an thc payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.
DETERMINATION AND EXTENT OF LIABILITY.
Tl�is policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured
Clai►nant who has suffered loss or damaae 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) tlie Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured
against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccesshal in establisl�ing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have tl�e riEht to l�ave the loss or damage detennined either as of ihe date the
claim was made by the Insured Claimant or as of the date it is setticd and paid.
F..xsent TX-OP-v7
O��ncr's Policy ofTiUc Insurantt
Form 'f-1
E•ffcctivc 11-1-2024
Ta-27517 799-() P-1-A
Issued b�: Essent TiHe Insurance, Inc.
(c) Tn addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and
cxpenscs incwred in accordance with SectSons 5 and 7 of these Conditions.
LIMITATION OF LiABILiTY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a
right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a
reasonably diligent manner by any metliod, including litigation and the completion of any appeals, it slial] have
fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to
theInsured.
(b) In tlie event of any litigation, including litigation by tlie Con�pany or with the Company's consent, the Company
shall have no liability for loss or damage until there has been a fival determination by a court of competent
jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the insured for liability voluntarily assumed by the
lnsured in settling any claim or suit without the prior written consent of the Company.
] 0. REDUCTION OF INSURANCE; REDUCTTON OR TERMiNATiON OF LIABiLITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount
of insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE.
Tlie Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to
which exception is taken in Scl�edule B or to which the Insured has a�reed, assumed, or taken subject or which is
executed by an Insured after Date of Policy and �vhich is a cl�arge or lien on the Title, and the amount so paid sl�all be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGI-ITS OF RECOVERY UPON PAYMENT OR SETTLfiMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled
to the rights of the Insured Claimant in the Title and all other rights and remedies m respect to the claim that the
Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attomeys' 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 pe►mit 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 liti�ation involving these rights aiid remedies. If a payincnt on account of a claim
does not fully cover the loss of the Insured Claimant, tl�e Company shall defer the exercise of its right to recover
until after the lnsured Claimant shall have rccovered its loss.
(b) The Company's right of subrogation includes the rigl�ts of the Insured to indemnities, auaranties, other policies
of insurance or bonds, notwithstandina any terms or conditions contained iu those instrumet�ts that address
subrogation rights.
14. ARBITRATION.
Either the Company nr the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant
to the Title )nsurance Arbitration Rules of the American Land Title Association ("Rttles"). Except as provsded in the
Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may
include, Uut are not limited to, any controversy or claim beriveen the Company and the Insured arising out of or relating
to this policy, any service in connection with its issuance or the Ureach of a policy �rovision, or to any other
controversy or claim arising out of tl�e transaction giving rise to this policy. All arbitrable matters when tl�e An�ount of
Listu-ance is $2,000,000 or less shall be arbitrated at the option of either tl�e Company or tlie Insured, unless tl�e Insured
is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in
excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. ArUitration
Essent TX-OP-v7
Owncr's Policy of Titic Insurancc
Form T-1
EfCccti��c 11-1-2024
TX-27511799-OP-1-A
Issued by: Essent Title Insurance, Inc.
pursuan[ to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the
Arbitrator(s) may bc entered in any cou�Y of competent juiisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract
between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall
be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing ��d autheuticated by an autl�orized person,
or expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a pa��t 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 ternis and provisions
of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase tlie 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
terni is capitalized in the Cummitme»t, endorsement or other form, or Schedule. Each Commitment,
endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be
deemed to refer to the Conditions of this policy.
16. SEVERABiLITY.
hi 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 Ue invalid and all other provisious 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 affectina interests in real }�roperty and
applicable to the interpretation, rights, remedies or enforcement of policies of title iusurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine
the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms
of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the
applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed
only in a state or fedcral court within thc United States of America or its territories having appropriate
jurisdiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy
must be given to the Company at Coiporate Headquarters, Two Radnor Corporate Center, 100 Matsonford Road,
Radnor, PA 19087, or by Email to titleclaims@essent.us.
F..ssent TX-OP--v7
O���ncr's Policy ofTidc Insurance
Form T-1
Effcctivc 11-I-2024
TJC-27511799-OP-1-A
]ssued b}': Essent Title Insurance, 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-25-186 Policy No.: TX-27511799-OP-1-A
Address for Reference only: Tract 15, Lubbock, TX 79407
Amount of Insurance: $40,196.56 Premium: $406.00
Date of Policy: May 26, 2026 at 09:59am
1. 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 0.175-acre (7,634-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 Carter and Patricia Shuman described in warranty deed with
vendor's lien recorded in County Clerk's File Number 2021026227 Official Public Records of Lubbock County,
Texas, said 0.175-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: 7,258,713.71 and
EASTING: 907,463.23, 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 2755.75 feet;
(1) THENCE North 01 degrees 49 minutes 55 seconds East, along the west line of said parent tract, a
distance of 52.77 feet to a 1/2-in ch iron rod with a plastic cap marked "PARKHILL RPLS 6453" set for the
northwest corn er of this tract;
(2) THENCE South 88 degrees 12 minutes 14 seconds East a distance of 144.51 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 north east
corner of this tract;
(3) THENCE South 01 degrees 49 minutes 06 seconds West a distance of 52.88 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 2383.60 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 144.52 feet to the POINT OF BEGINNING.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any
statement in the legal description contained in Schedule "A" as to area or quantiry of land is not a
representation that such area or quantity is correct, but is made only for informal identification purposes and
does not override Item 2 of Schedule "B" hereof.
TRUE TITLE COMPANY, LLC DBA TRUE TITLE PARTNERS
5010 122nd Street, Lubbock, TX 79424
Telephone: (806) 993-3000
Countersigned by:
Form T-1 Effective November 1, 2024
Franchesca Valdez, License #2368774
True Title Company, LLC dba True Title Partners, License #2226544
Form T-1 Effective November 1, 2024
SCHEDULE B
File No.: LBK-25-186
EXCEPTIONS FROM COVERAGE
Policy No.: TX-27511799-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:
1. The following restrictive covenants of record itemized below (the Company must either insert specific
recording data or delete this exception):
Item 1, Schedule B is hereby 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.):
a. Rights of parties in possession.
b. Rights of tenants, as tenants only, under unrecorded leases or rental agreements.
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. 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.
Form T-1 Effective November 1, 2024
e. Subject to the Right of Way easement recorded in Volume 1217, Page 512, Deed Records, Lubbock
County, Texas.
f. Subject to the Right of Way easement recorded in Volume 1217, Page 518, Deed Records, Lubbock
County, Texas.
g. Subject to the Right of Way easement recorded in Volume 1245, Page 505, Deed Records, as
affected by Release of Easement recorded in Volume 5614, Page 75, O�cial Public Records
Lubbock County, Texas.
h. The Land lies within the boundaries of Hi Plains Water District
i. Any rights, easements, interests, or claims that may exist by reason of, or be reflected by, the
following facts shown on the survey dated January 22, 2025 prepared by Samuel Wyatt:
No Encroachments
j. Terms, conditions, provisions and stipulations as set forth in City of Lubbock Street, Public Use and
Right of Way Deed recorded 05/26/2026 as Instrument No. 2026019783, Official Public Records,
Lubbock County, Texas
k. Section 14 of the Conditions of this policy, which relates to Arbitration, is hereby deleted.
Form T-1 Effective November 1, 2024
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
,�4, OP p
y'�P 'd;r� `�"^. . � � � •
��. • 1
* t �� * �,J I
� : � � ��, ��.�--�u.�.;
n�Y �...,"�`'�o C�-' I
�OPL�O
Kelly Pinion, County Clerk
Lubbock County, TEXAS
05/26/2026 09:59 AM
Recording Fee: $37.00
2026019783