HomeMy WebLinkAboutResolution - 2025-R0533 - MOU Richard & Josie Chavez, .141 Acres, Parcel 17, 7436 66Th St, Sect 34, Ab 243 - 12/02/20252026019472 5 PGS DEED
NOTICE OF COIVFIDENTlALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MA Y REMOVE 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. 17
7436 66�h St., Lubbock, TX 79407
1.00 acres out of Section 34, Block AK
CITY OF LUBBOCK
STREET, PUBLIC USE AND RIGHT OF WAY DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THAT RICHARD AND JOSIE CHAVEZ, 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, 1'EXAS, 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 following described tract of land
situated in Lubbock County, Texas, as more 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-descrrbed 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
�
PART�IERS
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 17, 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 I.NPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una queja:
You may call Esseiit Title Insurance, Inc.'s toll-free Usted puede llamar al numero de telefono gratis de Essent
telephone number for informacion or to make a complaint Title Insurance, Inc. Insurance Company's para
at: informacion o para someter una queja al:
866-483-2763 866-483-2763
You may also write to Essent Title Tnsurance, Tnc. at: Usted tambien puede escribir a Essent Title Insw•ance, inc.
at:
Essent Title Insurance, Inc.
Corporate Headquarters, Two Radnor Corporate Center, Essent Title Insurauce, Inc.
lUU Matsonford Road Corporate Headquarters, Two Radnor Corporate Center,
Radnor, PA 19087 100 Matsonford Road
Radnor, PA 19087
You may contact the Texas Department of Insurance to Puedc comunicarse con el Departamento de Seguros de
obtain information on companies, coverages, rights or Texas para oUtener informacion acerca de companias,
complaints at: coUerturas, derechos o quejas al:
800-252-3439 800-252-3439
You may write the Texas Department of Insurance: Puede escribir al Departainento de Seguros de Texas:
P.O. Box 12030 P.O. Box 12030
Austin, TX 78711-2030 Austin, TX 787 1 1-2030
Fax:512-490-]007 Fax:512-490-1007
Web: www.tdi.texas.gov Web: www.tdi.texas.gov
E-mail: ConsumerR•otection@tdi.texas.gov E-maii: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS:
Sl�ould you have 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 the primero. Si no se resuelve la disputa, puede entonces
Texas Deparmient of Insurance. comunicarse con el departamento (TDI).
ATTACI-I THIS 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 part ur �ara proposito de informacion y no se convierte en parte u
condition of the attached document. condicion del documento adjunto.
Essent TX-OP-v7
Oe�ncr's Policy of Titic Insurance
Form T-1
Effcctivc 1]-1-2024
IssueJ bp: Essent Title Insurance, Inc.
Issued By:
POLiCY NUMBER:
TX-27511194-OP-1-A
ESSENTTM
ESSENT TITLE INSURANCE, INC.
Corporate Headquarters, Two Radnor Corporate Center
] 00 Matsonford Road, Radnor, PA l 9087
Phone: 86G-483-2763 Fax: 573-442-3927 Website: www.essent.us/title
Issuing AgenY:
True Title Partners dba True Title Company, LLC
S0l0 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 wriring required to be given the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Condirions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVER.AGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS, Essent Title Insurance, Inc., a Pennsylvania corporation (the "Company") insures,
as of Date of Policy and, to the extcnt stated in Covered R.isks 9 and 10, after Datc of Policy, against loss or damage, not
exceedinD the Amount of Insurance, sustained or incurred by the Insured by reason of:
Tide being vested other than as stated in Schedule A.
2. Any defect i�i or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from:
(a) A defect in tl�e Title caused by:
(i) forge�y, fraud, uudue influence, duress, incompetency, incapaciry 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 attoiney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those
acts by elcetronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the 7itle by a governmental authoriry due or payable, but
unpaid.
Essent TX-OP-v7
Owncr's Policy of Titic Insurance
Form T-1
Effcctivc 11-1-2024
TX-27511194-OP-1-A
issued by: Essent Title Insurance, 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" inclndes
encroachments of existing improvements located on the Land onto adjoining land, aud 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 oC the Land acceptable to Company is timely provided and tl�e
applicable premium is paid to amend the exception to "shortages in area."]
(d) Any statutory or constihitional 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, prohibitina or relating to:
(a) tlie occupancy, use or enjoyment of the Land;
(b) the cl�aracter, 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 tl�e 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 bascd on thc exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforceinent action, describing any part of the Land, is recorded in the PuUlic Records, but only to tlie extent of
the enforcement refened 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 Uody that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as statcd in Schedule A or being defective: (a) as a result of the avoidance iu 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 tl�e Land occuri•ing prior to tlie transaction vestina Title as sl�own in Schedule A because that prior transfer
constituted a fraudulent or preferential trausfer under federal bankruptcy, state insolvency or similar creditors' riglits
laws; or (b) because tl�e instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer
under federal baiilc�•uptcy, state insolvency or similar credifors' riahts laws by reason of the failure of its recording in
tlie 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.
] 0. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this
Policy, but ouly to the extent provided in the Conditions.
Essent Title Insurance, inc.
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tii1LaPHyya�.Pm�d �
Essent TX-OP-v7
O�+�ncr's Policy of Titic Insurancc
Form T-1
Effcctivc 11-I-2024
TX-27511194-OP-1-A
Issucd by: Essent TiQe Insurance, Inc.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded trom 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, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting or relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not
modify or limit 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 ihe coverage provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims or other matte►•s:
(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 Clai�nant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the lusured 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 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction vesting the Title as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent iransfer; 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 and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A.
6. The refusal of any person to purchase, Icasc or lend money on the estate or interest covcred hereby in the land
described in Scliedule A because of Unmarketable Title.
F..ssent TX-OP—v7
Qwncr's Policy of Titic Insurance
Form T-1
Effcctivc 11-1-2024
TX-27511194-OP-1-A
Issued by: Essent Title Insurance, Inc.
EXCEPTIONS FROM COVERAGE
This policy does not insure agai�ist 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 covei�ants 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 boundary lines, or any encroachments or protrusions, or any
overlapping of improvemencs.
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 tiie harbor or bulkhead lines as established or changed by any government, or
(c) to filled-in lands, or artificia] islands, or
(d) to statutory water rights, including riparian ilghts, or
(e) to the area extending from the ]ine of inean low tide to the ]ine 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 _, 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 tl�ose
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 assessed for a previous tax year.
6. The followin� matters and all tercns of the documents creating or offering evidence of the matters (The Company must
insert mattcrs or delete this exception).:
Esscnt TX-OP-v7
ON�ncr's Policy of Titic Insurance
Form T-1
Effcctivc 11-1-2024
TX-27511194-OP-1-A
Issued by: Essent Title Insurance, lnc.
CONDITIONS
DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Instuance": tlie 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 10 and I 1 of ihese Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, tnist, limited liability company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) Tlie 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, distriUution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration
conveying the Title;
(1) If the stock, shares, memberships, or other equity interests of the arantee are wholly-owned by
the named Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grancee is wholly-owned by an affiliated Entity of tlie iiamed Insured, provided the
affiliated Entity and the named Insured are botl� wholly-owned by the same person or Entity,
or
(4) if the grautee is a trustee or beneficiary of a krust 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 daniage.
( fl "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an
Insured by reason of the Public Rccords or any other records that impart constructivc notice of matters affecting
the Title.
(b) "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 lincs 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 lirnit the extent that a right of access to and from thc Land is insured by this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by
electronic means authorized by law.
(i) "Public Records": records established under state statutes at Date of Policy for tl�e purpose of imparting
constructive uotice of matters relating to real property to purchasers for value and without Knowledge. With
respect to Covered Risk 5(d), "Public Records" shall also include environmental protectioAi liens filed in ihe
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) "Unmarkctable Title": Title affected by an alleged or apparent matter that would permit a prospectivc purcl�ascr
or lessee of the Title or lender on the Title to be released from the oblrgation to purchase, lease or lend if there is
a contractual condition requiring the delivery of marketable title.
2. CONTINUATiON OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so Iong as the
Insured retains an estate or interest in the Land, or holds an obliaation secured by a purchase money Mortgaae given by
a purchaser froin the lnsurcd, or only so long as thc Insured shall have liability by reason of warranties in any transfer
or conveyance of the Title. This policy shall nut continue in farce in favor of any purchaser from the Insured of either
(i) an estate or interest in tlie Land, or (ii) an obligation secured by a purchase money Mortgage given to the Tnsured.
Essent TX-OP-v7
Owncr's Policy ofTitic Insurance
Form T 1
Effcetivc 11-I-2024
7'X-27511194-O P-1-A
Issued by: Essent TiUe Insurance, Inc.
NOTiCE OF CLATM TO BE GiVEN BY iNSURED CLAIMANT.
The Insured shall notify the Company p►•omptly in writino (i) in case of any litigation as set forth in Section 5(a) below,
or (ii) in case Knowledge sl�all come to an Insured hereunder of any claim of title or interest that is adverse to the TiUe,
as insured, and that might cause loss or damage for whicli the Company may be liable by virtue of'this policy. lf the
Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the
Insured Claimant under the policy shal] be reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse
claim or other defect in Title insured by this policy tl�at is not excluded or excepted from the coverage of this policy, the
Company shall proniptly investigate the charge to determine whether the lieu, encumbrancc, 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 Tnsured's claim or charge under the policy. Tf
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 tlie Insured of the reasons for its determination. lf 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, cncuinbrance, 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 compairy in connection with its issuance of a policy(ies) of title insurance without exception for the lien,
encumbrance, adverse claim or defect; (v) secure a release or other document discharging the ]ien, 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 ]oss. 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.
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 the defense of an
Insured in litieation in which any third party asserts a claim covered by this policy adverse to the insured. This
obligation is limited to only those stated causes of action alleging matters insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the right of the Tnsured to object for
reasonable cause) to represent the Insured as to those statcd causes of action. It shail not be liable for and will not
pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incuired by the hisured
in tl�e defense of those causes of action tl�at allege matters not insured against by this policy.
(b) The Company shall have the riaht, in addition to the options contained in Sections 3 and 7, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. 7'he Company
may take any appropriate action under [he terms of this policy, whether or not it shall be liable to the Insured.
The exercise of these riglits shall not be an admission of liability or waiver of any provision of this policy. If the
Company exercises its riahts under tliis 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 litiaation to a final detennination by a court of competent jurisdiction and it expressly
reseives the right, in its sole discretion, to appeal fl•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 procecding and any appeals, the Insured shall secure to thc 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 purposc. Whenever requested by the Company, the Insured, at the Company's expense, shall give the
F..ssent TX-OP-v7
Owncr's Policy ofTitic Insurance
Form T-1
EfCcctivc 11-I-20?4
7'X-27511194-OP-1-A
Issued by: Essent Tille Insurance, Inc.
Cumpany all reasouable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effectiug settlemeut, and (ii) in any otlier lawful act that in the opinion of the Company inay be
necessary or desirablc to establish tl�e Title or any other n�attcr as insured. If the Company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's obligations to the Insured under the
policy shall teiminate, 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 damaae. 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 che custody or control of a chird 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
sliall 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 governmenta] 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 Amouut 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
required in this subsection, shall terminate, includin� any liabiliry or obligation to defend, prosecute, or continue
any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the lnsured 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 under this policy. In additiou, thc Company will pay any costs, attorneys' fees and expcnses
incuired by the Insured Claimant that were authorized by the Company up to the time of payment and that
the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,
together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized
by the Company up to tl�e time of payment and chat the Company is obligated to pay. Upon the exercise by
the Company of either of tlie 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, otl�er tl�an the payments rcquired to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured
Claima�it wl�o 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 unsuccessf'ul in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10° a, and
(ii) the Insured Claimant shall have tl�e right to l�ave the loss or damage determined either as of the date the
claim was made by the Insured Claimant or as of the date it is settled and paid.
Essent TX-OP—v7
Orvncr's Policy of Titic Insurance
Form T-1
EfCcctivc I ]-1-2024
TX-27511194-OP-1-A
Issued by: Essent Tide Insurance, Inc.
(c) Tn 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 thesc Conditions.
LIMITA?TON OF LIABILTTY.
(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 fronl the Land, all as insured, or takes action in accordance with Sectiov 3 or 7, in a
rcasonably diligent manner by any method, including litigation and the completion of any appeals, it shall havc
fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to
thcInsured.
(b) In the event of any litigation, including litigation by tlie Company or with ihe Company's consent, the Company
shall have no liability for loss or damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to tUe Insured for liability voluntari]y assumed by the
lnsured in settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATiON OF LIABTLITY.
All pay►nents under this policy, except payments made for costs, attorneys' fees and expenses, shall rcduce the Amount
of Insurance by the amount of the payment.
1 l. 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 wl�ich the Insured has agreed, assumed, or taken subject or wl�ich is
executed by an Insured after Date of Policy and which 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 �vithin 30 days.
13. RIGI-ITS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled
to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the
Insured Claimant has against any person or 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 iu the name of the Insured Claimant and co use the name of tlie Insured
Claimant in any d-ansaction or liti�ation involving these rights and remedies. If a payment on account of a claim
does not fully cover tlie loss of the Insured Claimant, tl�e Company shall defer the exercise of its right to recover
until after thc lnsured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the riglits of the Insured to indemnities, guaranties, other policies
of insurance or bonds, notwithstanding any ternis or conditions contaiued in those instrumeuts that address
subrogation righis.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant
to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Lxcept as provided in the
Rules, there shall be no joinder or consolidation with claims or coutroversies of other persons. Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating
to this policy, any service in connection with its issuance or the Ureach of a policy provision, or to any other
controversy or claim arising out of tl�e transaction givina rise to this policy. All arbitrable matters when the Amounc of
L�surance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Lisured, 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. Arbitration
F..ssent TX-OP-v7
Owncr's Policy of TiNc Insurance
Form T-1
Lffcctivc I 1-I-2024
7'X-27511194-OP-1-A
Issued b�: Essent Title Insurance, 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. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together witl� all endorsements, if any, attached to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall
be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,
or expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms
and provisions. Except as the endorsemeut 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. Eacl� 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. SEVERABiLIT1'.
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain
in full force and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and
deterniined the prem'rum charged therefor in reliance upon the law affecting interests in real property and
applicable to ihe interpretation, riahts, 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
ihe validity of claims against the Title that are adverse to the Insured, and in interprzting and enforcing the terms
of this policy. In neither case shal] the court or arbitrator apply its conflicts of laws principles to determine the
applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the insured against the Company must be filed
only in a state or federal court within the United States of America or its territorics having appropriate
jurisdiction.
I 8. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statemenc 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.
F.,ssent TX-OP-v7
Owncr's Policy ofTiHc Insurance
Form T-1
Effcctivc 11-1-2024
7'X-27511194-()P-1-A
Issued by: 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-25-188 Policy No.: TX-27511194-OP-1-A
Address for Reference only: Tract 17, Lubbock, TX 79407
Amount of Insurance: $63,213.00 Premium: $551.00
Date of Policy: May 22, 2026 at 08:18am
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 0.141-acre (6,123-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 Richard and Josie Chavez, described in warranty deed with a
vendor's lien recorded in County Clerk's File Number 2016012494 of the Official Public Records of Lubbock
County, Texas, said 0.141-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: 7,258,705.36 and
EASTING: 907,722.96, 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 3015.68 feet;
(1) THENCE North 01 degrees 48 minutes 45 seconds East, along the west line of said parent tract, a
distance of 52.97 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 115.49 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 49 minutes 10 seconds West a distance of 53.06 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 2152.70 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 115.48 feet to the POINT OF BEGINNING.
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-25-188
EXCEPTIONS FROM COVERAGE
Policy No.: TX-27511194-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.
Form T-1 Effective November 1. 2024
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 Records 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.
e. Subject to the Easement and Right of Way, recorded on October 29, 1969, in Volume 1217, Page
512 and 518 in the Deed Records of the Lubbock County, Texas.
f. Subject to the Easement and Right of Way, recorded on October 05, 1970, in Volume 1245, Page
505 in the Deed Records of the Lubbock County, Texas.
g. Subject to the Electric TransmissionLine Easement, recorded on October 10, 1978, in Volume 1608,
Page 523 in the Deed Records of the Lubbock County, Texas.
h. Memorandum of Oil and Gas Lease by and between Bonnie Jean Blevins, as Lessor and The Caffey
Group, L.L.C., as Lessee, filed on August 09, 2012, recorded in Instrument No. 2012032041, Official
Public Records, Lubbock County, Texas. and Amendment to Memorandum of Oil and Gas Lease
filed on November 16, 2012, recorded in County Clerk's File No. 2012045887, Official Public
Records, Lubbock County, Texas.
i. The Land lies within the boundaries of Hi Plains Water District.
j. 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 by Samuel Wyatt, RPLS No. 6453.
None
k. Terms, conditions, provisions and stipulations as set forth in City of Lubbock Street, Public Use and
Right of Way Deed dated 10/28/2025 and recorded 05/22/2026 as Instrument No.
2026019472, Official Public Records, Lubbock County, Texas
I. 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
P�£ppr.
i/*� �• ���` *�� ��� .�.X � •\ir Y �
7 � no ���o c . �
�OPL�O,;
Kelly Pinion, County Clerk
Lubbock County, TEXAS
05/22/2026 08:18 AM
Recording Fee: $37.00
2026019472