HomeMy WebLinkAboutResolution - 2025-R0479 - MOU Brockopp, Alsup, Shannon, Austin; 2.261 Acres, Sect. 34, Ab. #243; Parcel 18 - 10/28/2025�
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 18, 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, Tnc.'s toll-free Usted puede ]lamar al numero de telefono gratis de Essent
telephone number for information or to make a complaint Title Insurance, lnc. 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 Ceiiter,
Radnor, 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, derechos 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
Austin, TX 78711-2030 Austin, TX 78711-2030
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 have a dispute concerning yoi�r 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 the primero. Si no se resuelve la disputa, puede entonces
Texas Department of Insurance. comunicarse con el departamento (TDI).
ATTACH TH1S NOTICE TO YOUR POLICY: This UNA ESTE AVISO 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 tlie attached document. condicion del documento adjunto.
Essent'1'X-OP—v7
Owner's Policy of Titic Insurance
Form T 1
Effective I1-]-2b?4
Issucd by: Essent Titic Insurancc, Inc.
Issued By:
ESSENTTM
ESSENT TITLE INSURANCE, INC.
Corporate Headquarters, Two Radnor Corporate Center
100 Matsonford Road, Radnor, PA 19087
Phone: 866-483-2763 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)
POLICY NUMBER:
TX-26851629-OP-1-A
An,y 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 l8 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, TiIE EXCEPTIONS FROM COVER.AGE 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 the extent stated in Covered Risks 9 and 10, after Date of Policy, against ]oss or damage, not
exceeding the Amount of Tnsurance, sustained or incuned by the Insured by reason of:
Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encurnbrance 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) failurc of any person or Enrity 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 docwnent 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 licn of real estate taxes or assessments imposed on the Title by a governmental authority due or payabie, but
unpaid.
Essent'I'a-OP-v7
ON•ner`s Poticy of 1'itle Insurance
Form T 1
Effective I I-1-20?4
TX-26851629-OP-1-A
Issued by: Essent Titic 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 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.
Lack of good and indefeasible Title.
No right of access to and from the Land.
5. 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) environtnental 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 notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8. Any taking by a govemmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in
part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest
in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights
laws; or (b) because the instrument of transfer vesting Title as shown in Scliedule A constitutes a preferential transfer
under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in
the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or
lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 ihat 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, attorneys' 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.
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4iWamP f{yyvs. Pca�d
Essent "1'X-OP-v7
Owncr's Policy of Titic Insurvncc
Form T 1
Effective 11-]-20?4
TX-26R51629-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 ]aw, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting or relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvemcnt erccted on the Land;
(iii) subdivision of land; or
(iv) enviromnental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion ](b) does not modify or limit the coverage provided under
Covered Risk 6.
2. R.ights of eminent domain. Tlus 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) 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
under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the insured Claimant had paid value for the
Title.
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, tl�at the
transaction vesting the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferenriai transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in tlie Public Records that
vests Title as shown in Schedule A.
6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land
described in Schedule A because of Unmarketable Title.
Essent'1'X-OP-v7
Owner's Policy otTitle lnsuruncc
Form 7=1
Effective I1-1-20?4
TJ{-26$51629-OP-1-A
Issucd by: Essent Title lnsurancc, Inc.
EXCEPTIONS FROM COVERAGE
This policy does not insurc 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 cithcr insert specific recording data or
delete this exceptioii):
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorsl�ip riglits, if any, of any spouse of any Insured.
4. E1ny titles or rights asserted by anyone, including but not limited to, persons, the puUlic, 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 liarbor or bulkhead lines as estab]ished or changed by any government, or
(c) to filled-in lands, or artificial islands, or
(d) to statutory water rights, including riparian riglits, 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 assessroents 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 of%ring evidence of the matters (The Company must
insert matters or delete this exception).:
Essent'I'X-OP-v7
Owner's Poficy of Title Insurunce
Form 7=l
Effective 1 I-1-2024
TX-26851629-OP-1-A
lssucd by: Essent Titic lnsurancc, Inc.
CONDITIONS
DEFINITIUN OF TERMS.
The following terms when used in this policy mean:
(a) `Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to
this policy, increased by Section 8(b), or decreased by Sections ] 0 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including
heirs, devisees, survivors, personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delrvered without payment of actual valuable consideration
conveying the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by
the named lnsured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly-owned by an affiliated Entity of che named Insured, provided the
affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,
ar
(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.
(� "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an
Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting
thc Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The
t�rn� "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 n�t modify or limit the extent that a right of access to and from the Land is insured by this policy.
(l�) "Mortgage": mortgage, deed of tnist, trust deed, or other security instrument, including one evidenced by
electronic means autliorized 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 rea! property to purchasers for value and without Knowledge. With
respect to Covered Risk 5(d), "Public Records" shall also include environinental protection liens filed in the
records of tlte 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 tl�ere is
a contractual condition requiring the delivery of marketable title.
2. CONTIN[TATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Tnsured, 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 wa►Tanties 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 La�id, or (ii) an obligation secured by a purchase money Mortgage given to the Insiued.
Essent'1'x-Or-v7
Owner's Policy of'Cidc Insuruncc
Form 7=1
Effective I i-1-20?4
TX-26R51629-OP-1-A
Issucd by: Essent TiNc Insurancc, Inc.
NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below,
or (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,
as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the
Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, tlie Company's liability to tlie
lnsurcd Claimant under tl�e policy shall bc reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the Compauy as required herein of a lien, encumbrance, adverse
claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the
Company shall promptly investi�ate the charge to determine whether the lien, encumbrance, adverse claim or defect or
other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a
reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge undcr 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) upoii payment of appropriate premium and charges therefore, issue to the
Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this
policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be
in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another
title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien,
cncumbrance, adversc claim or defect; (v) secure a release or other docum�nt discharging the lien, encumbrance,
adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein.
4. PROOF OF LOSS.
ln 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, encunibrance 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.
DEFENSE AND PROSECUTION OF ACTiONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these
Conditions, the Company, at its own cost and without unreasonable delay, shall provide for tlie defense of an
Insured in litigation in which any third party asserts a claim covered by fhis policy adversc to the Insured. This
obligation is limited to only those stated causes of action alleging matters insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the right of the insured to object for
reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not
pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured
in the defense of those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the rigl�t, in addition to the options contained in Sections 3 and 7, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Tnsured. The Cornpany
may take any appropriate action under the terms of this policy, whether or not it shall be liable to the lnsured.
The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the
Company exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the
Company may pursue the litigation to a final determinatron by a court of competent jurisdiction and it expressly
reserves the right, in its so]e discretion, to appea] 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, 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
Essent TX-OP—v7
Owner's Pulicy of Title Insurance
Form T 1
Effective 11-1-2024
TX-26$51629-OP-1-A
Issucd by: Essent Titic lnsurancc, Inc.
Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be
necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the
failure of the Insured to fumish 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 ]itigation, 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. Further, if requested by any authorized representative of the Company, the Insured Claimant shall
a ant 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 ihe loss or damage. All
information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any
reasonably requested information or grant permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any
liability of the Company under this policy as to that clairn.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF L1AB1L1TY.
In case of a claim under this policy, the Compauy shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees
and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment
or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option,
all liability and obligations of the Company to the Insured under this policy, other than to make the payment
required in this subseccion, shall tenninate, including any liability or obligation to defend, prosecute, or continue
any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an lnsured Claimant any claim insured
against under this policy. In addition, the Company will pay any costs, attorneys' fees and expenses
incurred by the lnsured Claimant that were authorized by the Company iip to the time of payment and that
the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimaut the loss or damage provided for under this policy,
together with any costs, attorneys' fees and expenses incurred by the lnsured Claimant that were authorized
by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by
the Company of either of the options provided for in subsections (b)(i) or (ii), thc Company's obligations to
the Insured under this policy for the claimed loss or damaac, othcr than the payments rcquired to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.
DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured
Claimant who has suffered loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured
against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(i) the Amount of insurance shall be increased by ] 0%, and
(ii) the Insured Claimant sliall have the right to liave the loss or damage determined either as of the date the
claim was made by tlie lnsured Claimant or as of tlie date it is settled and paid.
Essent'1'X-OP-v7
ON•ner's Policy of Title Insurance
Form T-1
Effective 11-1-20?4
TJ�-26R51629-OP-1-A
Issucd by: Essent Titic lnsurancc, Inc.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attomeys' fees and
expenses incurred in accordance with Sections 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 accordauce with Section 3 or 7, in a
reasonably diligent nzanner by any method, including litigation and the completion of any appeals, it shall have
fully perfornied its obligations witl� respect to that matter and shall not be liable for any loss or damage caused to
the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company
shall have no liability for loss or damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) Thc Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the
Insured in settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMTNATION OF LIABILiTY.
All payments under this policy, except payments made for costs, atto�neys' fees and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to
which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is
executed by an insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the
payment shall be inade within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under tl�is policy, it shall be subrogated and entitled
to tlie rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the
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 the Insured
Claimant in any transaction or litigation involving thcse rights and remedies. If a payment on account of a claim
does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover
until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies
of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address
subrogation rights.
14. ARf3ITRATION.
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 lnsured arising out of or relating
to this policy, any scrvice in connection with its issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured
is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in
excess of 52,000,000 shall be arUitrated only when agreed to by botli the Company and the Insured. Arbitration
Essent'1'X-OP—v�
Owner's Policy of7'itic Insuruncc
Form T=1
Effective 11-I-20?4
TJ�-26851629-OP-1-A
]ssucd by: Essent Titic Insurancc, 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) Tliis policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract
betwccn thc Insured and the Company. In interpreting any provision of this policy, this policy shall bc construed
as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action assening sucl� claim, shall
be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writin� and authenticated by an authorized person,
or expressly incoiporated 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 tenns
and provisions. Except as the endorseme;nt expressly states, it does not (i) modify any of the terms and provisions
of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of
Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers
to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the
term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment,
endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be
deemed to refer to the Conditions of this policy.
16. SEVERABILITY.
in the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain
in full force and 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 a.ffecting interests in real property and
applicable to the inteipretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine
the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms
of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the
applicable law.
(b) Choice of Forum: Any litigation or other proceeding brouglit by the Insured against the Company must be filed
only in a state; or fcderal court within the United States of America or its territories having appropriatc
jurisdiction.
l8. 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 titleclauns@essent.us.
E:ssent'I'X-OP—v7
pe�ner's Policy� of 1'itle Insurance
Form 7=1
Effective 11-1-20?�
TX-26851629-OP-1-A
Issucd by: Essent Titic lnsurancc, Inc.
►%1:I �Z�J� �_1
Name and Address of Title Insurance Company:
Essent Title Insurance, Inc.,
Two Radnor Corporate Center, 100 Matsonford Road, Radnor, PA 19087
File No.: LBK-25-189 Policy No.: TX-26851629-OP-1-A
Address for Reference only: Tract 18, Lubbock, TX 79407
Amount of Insurance: $188,081.68 Premium: $1,296.00
Date of Policy: December 1, 2025 at 1021 AM
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 2.261-acre (98,495-square foot) right-of-way tract in Section 34, Block AK, Lubbock County,
Texas, being a portion of that certain tract of land described in an affidavit of heirship recorded in
County Clerk's File Number 2024049226 and a distribution deed recorded in County Clerk's File
Number 2015025858 of the Official Public Records of Lubbock County, Texas, said 2.261-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: 7,258,701.65 and EASTING: 907,838.36, 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 3131.16 feet;
(1) THENCE North 01 degrees 49 minutes 10 seconds East, along the west line of said parent tract,
a distance of 53.06 feet to a 1/2-inch 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 1831.94 feet to a 1/2-inch
iron rod with a plastic cap marked "PARKHILL RPLS 6453" set in an existing fence line for the north
east corner of this tract;
(3) THENCE South 01 degrees 47 minutes 46 seconds West, along the existing fence line, a
distance of 54.47 feet to a point in the south line of said Section 34 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 320.74 feet;
(4) THENCE North 88 degrees 09 minutes 36 seconds West, along the south line of said Section
34, a distance of 1831.96 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 LEGAL DESCRIPTION CONTAINED IN SCHEDULE "A"
AS TO AREA OR QUANTITY OF LAND IS NOT A REPRESENTATION THAT SUCH AREA OR
QUANTITY IS CORRECT.
i�A�^ `M. �a�
Authorized Signature
Form T-1 Sec. II Effective November 1, 2024
SCHEDULE B
File No.: LBK-25-189
EXCEPTIONS FROM COVERAGE
Policy No.: TX-26851629-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):
Volume 3368, Page 98, of the Official Public Records, Lubbock County, Texas.
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.
S. 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.
b. Rights of tenants, as tenants only, under unrecorded leases or rental agreements.
Form T-1 Sec. II Effective November 1, 2024
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 Easement of Right-of-Way, recorded on October 10, 1978 in Volume 1608,
Page 523 in the Deed Records of the Lubbock County, Texas.
g. An oil, gas and mineral lease, executed by Preston Jewel Price and wife, Lela Price as lessor
and A. E. Gamble as lessee, recorded on June 1, 1982 in Volume 51, Page 937 in the Official
Public Records, Lubbock County, Texas.
h. Resolution No. 2018-R0151, recorded on June 27, 2018 in County Clerk's File No.
2018024127 in the Official Public Records, Lubbock County, Texas.
The Land lies within the boundaries of Hi Plains Water.
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
k. Terms and conditions as contained within Street, Public Use and Right of Way Deed by and
between Alfred A. Brockopp, Judy Alsup, Tiffany Kay Shannon and Kimberli Ann Austin and
City of Lubbock, Texas, a home rule municipal corporation, recorded on December 1, 2025
in Document No. 2025046302, Official Public Records, Lubbock County, Texas.
Section 14 of the Conditions of this Policy is hereby deleted.
Form T-1 Sec. II Effective November 1, 2024