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Home My WebLink AboutResolution - 2026-R0100 - MOU, Alfredo Lomeli & Prisma Brito-Deanda, Parcel 09, .176 Acres, Sect 34 Ab 243 - 03/10/20262026013171 5 PGS DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YDU 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 YOUR DRIVER'S LICENSE NUMBER. 66th Street Ezpansion Parcel No. 09 7528 66�h St., Lubbock, TX 79407 0.5975 acres out of Section 34, Block AK CITY OF LUBBOCK STREET. PUBLIC USE AND RIGHT OF WAY DE�D THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUN'I'Y OF LUBBOCK THAT ALFREDO LOMELI AND PRISMA BRITO-DEANDA, herein called "GRANTOR", for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and o#her good and valuable consideration, to them in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Carporation, Crrantor does hereby grant, sell, and convey to Grantee for public use forever and for street right-of-way and utiliTy purpases, the following described tract of land situated in Lubbock County, Texas, as more part�cuiariy described in the attached Exhibit "A". GRANTOR agrees to grant the properiy 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 aze used for public street purposes. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Street, Public Use and Right of Way Deed Ver. 8.10.23 �,�+� WITNESS MY HAND this l k' day of ��V� , 2026 GRANTOR: ALFREDO LOMELI GRANTOR: PRISMA BRITO-DEANDA � _ Jl� lfredo Lomeli Prisma Brito-Deanda ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the „� day of , 2026 by Alfredo Lomeli. The acknowledging person personally appeared by: �ysically appearing before me. ❑ appearin�„� ��r�,,,}nteractive two-way audio and video communication that meets the requireme�� li��#��rization under Texas Governme de chapter 406, subchapter C. ; O ��''. = � C� = Debbie German : NOTARY PUBL C, TATE OF = � Exv. 6/6/2028 y; n ��i.9� D No.�sosa��s+Q-�� My Commission Expires: 0G � . Z '��F��`��``,`` STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the 6� day of � , 026 by Prisma Brito-Deanda. The acknowledging person personally appeared by: [�physically appearing before me. ❑ appearing by an interactive two-way audio and video communication that meets the requirements for onli��tarization under xas Governmen de chapter 406, subchapter C. �� ,�`'��\'�PRY p�6�'-- � ;�� ; n_ NOTARY PUBL STATE OF = Debbie German = ;� Exp. 6/8/2028 v�; My Commission Expires: � : ID No.130684115�Q'`� Grantee's Add� • �. City of Lubbock''%,,,� p F'��.``�� 1314 Avenue K, 7th �`�6'd4""'� Lubbock, TX 79401 Street, Public Use and Right of Way Deed Ver. 8.10.23 1t7( `� PAF�TNERS 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: Parcel9, 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, Inc.'s toll-free telephone number for information or to make a complaint at: 866-483-2763 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Essent Title Insurance, Inc. Insurance Company's para inforn�acion o para someter una queja al: 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 Insw•ance, Inc. Corporate Headquarters, Two Radnor Corporate Center, Essent Title Insurance, Inc. l0U 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 obtain inforn�ation on compauies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance: P.O. Box 12030 Austin, TX 787 1 1-2030 Fax:512-490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coUerturas, derechos o quejas al: 800-252-3439 Puede escribir al Departamento de Seauros de Texas: P.O. Box 12030 Austin, TX 78711-2030 Fax:512-490-]007 Web: www.idi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: This UNA ESTE AVISO A SU POLIZA: Este aviso cs solo notice is for infonnation only aud does not become a part ur para proposito de inforrnacion y no se convierte en parte o condition of the attached document. condicion de] documento adjunto. Essent TX-OP-v7 Owncr's Policy of Title Insurance Form T 1 Effcctivc 11-1-2024 Issued by: Essent Title insurance, Inc. Issued By: E�SENTTM ESSENT TITLE INSURANCE, INC. Corporate Headquarters, Two Radnor Corporate Center 100 Matsonford Road, Radnor, PA 19087 Pl�one: 866-483-2763 Fax: 573-442-3927 Website: www.essent.us/title Issuing Agent: True Title Partners dba True Title Company, LLC S0l0 122nd Street Lubbock,Texas 79424 POLiCY NUMBER: TX-27307503-OP-1-A OWNER'S POLICY OF TITLE INSURANCE (Form T-1) Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, 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 the extent stated in Covered Risks 9 and 10, after Date of Policy, abainst loss or damage, not exceeding the Amount of Insurance, sustained or incuned by the Insured by reason of: Title being vested other than as stated in Schedule A. 2. Any defect ii� or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgeiy, fraud, undue 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 attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) 'The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. Essent TX-OP-v7 Owncr's Policy of Titic Insurance Form T 1 Effcctivc I1-1-2024 Ta-273117503-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'' includcs encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. [Tliis coverage is deleted by Schedule B. Exceptions From Coverage Paragraph 2, unless a survey of the Land acceptable to Company is tiinely provided and tl�e appiicable premium is paid to amend ihe 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. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or go��ernmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) ihe character, dimensions or location of any improvement erccted on thc Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that 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 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 Uody 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 Schedtile A or being defective: (a) as a result of the avoidance in wholc or in part, or from a court order providing an alteinative remedy, of a transfer of all or any part of the title to or any interest in tl�e Land occurring prior to the transaction vesting Title as shown in Schedule A because that prioi• transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because tl�e 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 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 only to the extent provided in the Conditions. Essent Title Insurance, Inc. �( �� u �� ' R�i1LmP N.yyw Pm� Essent TX-OP—r7 Qwncr's Policy of TiNc Insurancc Form T-I Effcctivc ll-1-2024 Ta-273117503-OP-1-A Issued by: Essent Title 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, proliibiting 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 Exclusiou 1(a) does not modify or limit tlie coverage provided under Covered Risk 5. (b) Any governmental police powex. 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 mattei•s: (a) created, suffered, assumed or agreed to by tl�e Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the 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, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfcr; 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 anci created or attaching between Date of Policy and the date of recordina of the deed or other instrument of trausfer in the Public Records that vests Title as shown in Schedule A. 6. The rcfusal of any person to purchase, lease or lcnd money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. Essent TX-OP-v7 Owncr's Policy of Titic Insurance Form T 1 Effcctivc 11-1-2024 7'a-273117503-O P-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 (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 improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured. 4. Any titles or righis asserted by anyone, including but not limited to, persons, the public, corporations, govemments 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 tl�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 water rights, including riparian riglits, or (e) to the area extending from the ]ine of inean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. Standby fees, taxes and assessments by any taxing authority for the year _, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owuer of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception).: Essent TX-OP-v7 Owner's Policy of Title Insurance Form T-1 Effcctivc 11-1-2024 TX-273117503-OP-1-A Issued by: Essent Title Insurance, Inc. CONDITIONS DEFINITION 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 endorsemeut to this policy, increased by Section 8(b), or decreased by Sections 1 U and 11 of diese 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) 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 Entiry; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title; (1) lf the stock, shares, memberships, or other equity interests of the orantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the a antee is a trustee or beneficiary of a trust created by a written insirument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": an Insured claiming loss or damage. ( fl "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, titie, interest, estate or easen�ent 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 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 notice of matters relating to real property to purchasers for value and without Kuowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United Stakes 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 allegcd or apparcnt matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATiON OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an lnsured, but only so long as the Insured retains an estate or interest in the Land, or holds an obliDation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability Uy reason of warranties in any transfer or conveyance of the Title. Tl�is policy shalt 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 aiven to the Insured. Essent TX-OP-v7 Owncr's Policy of Titic Insurance Form T-1 Effcctivc 11-1-2024 Ta-27311'7503-() P-1-A issued by: Essent Title Insurance, Inc. NOTiCE OF CLATM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of a�iy litigation as set forth in Section 5(a) below, or (ii) in case Knowledge sl�all come to an Insured l�ereunder of any claim of title or interesc that is adverse co the Title, 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 Tnsured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as requircd 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 promptly investigate the charge to determine whether the lien, encumbrauce, 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 under the policy. if the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of tl�e 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) indenuiify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) throuah (v) herein. 4. PROOF OF LOSS. In the event tl�e Company is unable to determine the amount of loss or damage, tlie 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 ACTIONS. (a) Upon written request by the Iusured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and without unreasonabie delay, shall provide for thc 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 limitcd 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 d�e insured iu tl�e defense of those causes of action that allege matte►•s not insured against by this policy. (b) Thc Company shall have the right, in addition to thc options contained in Sections 3 and 7, at its own cost, to institute and prosecute any actiou or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, wl�ether or not it shall be liable to the Insured. The exercise of these riglrts shall not be an admission of liability or waiver of any provision of this policy. If the Cumpany exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reseives the right, in its sole discretion, to appeal from any adverse jud�ment 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 p►•osecute or provide defense in the action or proceeding, including the �ight 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 Owncr's Policy of Titic Insurance Form T 1 Effcctivc t 1-1-2024 Ta-27307503-OP-1-A Issued b}': Essent Title Insurance, 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 desirablc to establish tUe Titie or any other matter as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations ta the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (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, ]edgers, 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. Furtlier, if requested by any authorized representative of the Compai�y, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party tl�at reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Conipany pursuant to tl�is 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 regu]ation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall liave the following additional options: (a) To Pay or Tender Payment of the Amount of insurance. To pay or tender pay►nent of the Amount of Tnsurance 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 ihe exercise by the Company of this option, ali tiability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle Witl� Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in tl�e name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fecs and expenses incurred by the Insured Claimant tltat were authorized by tlie Company up to the time of payment aud that thc 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, toaether with any costs, attorneys' fees and expenses incurred by the Insttred Claimant that were authorized by the Company up to tl�e time of payment and that [he Compauy is obligated to pay. Upon the exercise by the Coinpany of either of d�e options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the clainied loss or damage, odier than the payments required to be made, shall termrnate, 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 ihis 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 tl�e 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 10"/0, and (ii) the Insured Claimant shall have tl�e right to l�ave the loss or damage detennined 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 Owncr's Policy of Titic Insurance Form T l Effcctivc i 1-1-2024 7'a-273117503-O P-1-A Issued b��: Essent Title Insurance, Inc. (c) in addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions. LIMITATiON OF LIABTLiTY. (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 method, including litigation and the completion of any appcals, it shall have fully perforn�ed its obligations with respect to that matter and shall not be liable for any loss or damage caused to theInsured. (b) In the event of any litigation, including litigation by tlie 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 thc Title, as insured. (c) The Company shall not be liable for loss or damage to tl�e Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. ] 0. REDUCTION OF INSURANCE; REDUCTION OR TERMTNATiON OF LtABILITY. All payments under this policy, except payments made for costs, attorneys' fces 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 auy amount the Compairy 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 cl�arge or lien on the Title, and the amount so paid sliall 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 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 uame of the Insured Claimant and to use the name of the Insured Claimant in any transaction or liti�ation involving these rights and remedies. If a paymcnt on accow�t 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 recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, a aranties, other policies of insurance or bonds, notwithstandina any ternis or conditions contained an those instruments that address subrogation rights. 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"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of tl�e transaction givino rise to this policy. All arbitrable matters when the Amount of lnsurance is $2,000,000 or less sl�all be arbitrated at the option of either tlie 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 Uoth the Company and the Insured. Arbitration Essent TX-OP-v7 Owncr's Policy of TiNc Insurance Form T-1 Et%ctivc l 1-1-2024 TX-273117503-OP-1-A issued by: Essent Title Insurance, Inc. pursuant to this policy and under the Rules sha(1 be binding upon the paities. Judgment upon the award rendered by the Arbitrator(s) may be entered in any couit of competent jurisdiction. 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 ihis policy, this policy shall be construed as a whole. (b) Any claim of loss or damage ihat 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 subjcct to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior eudorsement, (iii) extend ihe Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy Yhat refers to a term defined in Section 1 of the Conditions shall be deemed to refer to ihe term regardless of whether the term is capitalized in the Commitment, endorsement or other form, �r Scliedule. 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 otl�er 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 premium charged therefor in reliance upon the law affecting interests in rea] property and applicable to the 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 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 federal court within the 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 reyuired to be given ihe 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 of Titic Insurance Form T-1 Effcctivc 11-1-2024 7'X-273117503-O P-1-A Issued 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-25-180 Policy No.: TX-27307503-OP-1-A Address for Reference only: Parcel 9, Lubbock, TX 79407 Amount of Insurance: $115,000.00 Premium: $854.00 Date of Policy: April 13, 2026 at 02:37pm 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 0.176-acre (7,657-square foot) right-of-way tract in Section 34, Block AK, Lubbock County, Texas, being a portion of that certain 0.5975-acre tract conveyed to Alfredo Lomeli and Prisma Brito-Deanda, described in a general warranty deed recorded in County Clerk's File Number 2022004986 of the Official Public Records of Lubbock County, Texas, said 0.176-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: 7,258,738.44 and EASTING: 906,693.25, 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 1985.18 feet; (1) THENCE North 01 degrees 50 minutes 24 seconds East, along the west line of said parent tract, a distance of 52.18 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 146.58 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 50 minutes 24 seconds West a distance of 52.29 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 3152.10 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 146.58 feet to the POINT OF BEGINNING. Form T-1 Sec. II Effective November 1, 2024 NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational purposes and does not override item 2 of Schedule B hereof. ��V ' "''� Authorized Signature Form T-1 Sec. II Effective November 1, 2024 SCHEDULE B File No.: LBK-25-180 EXCEPTIONS FROM COVERAGE Policy No.: TX-27307503-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): Subject to the Covenant, Condition, or Restriction, recorded in the Volume 4698, Page 27 and Volume 4729, Page 310, of the Official Public Records of the Lubbock County, Texas. 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. 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. 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. Form T-1 Sec. II Effective November 1, 2024 b. Rights of tenants, as tenants only, under unrecorded leases or rental agreements. 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 (eases, 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 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 06, 1948 in Volume 371, Page 240 in the Deed Records of the Lubbock County, Texas. Transmission Line Right of Way Easement executed by George Langford to South Plains Electric Cooperative dated June 6, 1962, recorded in Volume 1608, Page 525, of the Deed Records of Lubbock County, Texas, g. An oil, gas and mineral lease, executed by Johnnye G. Langford, individually and Independent Executrix of the Estate of George Langford, deceased as lessor to Raymond C. Doss as lessee, recorded on December 29, 1978 as Volume 44, Page 769, in the Deed Records of Lubbock County, Texas. Memorandum of oil, gas and mineral lease, executed by Byron R. McEntire and wife, Mitzi L. McEntire as lessor to The Caffey Group, LLC as lessee, recorded on August 2, 2012 as County Clerk's File Number 2012030861 in the Official Public Records of Lubbock County, Texas. A reservation of Oil, Gas and other minerals by documents recorded in County Clerk's File Number 2022004986 in the Official Public Records of Lubbock County, Texas, together with the appurtenant rights to use the surface of the Land. The Company makes no representation as to the present ownership of this interest. The Land lies within the boundaries of Hi Plains Water District. k. 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. No encroachments found Terms, conditions, provisions and stipulations as set forth in City of Lubbock - Street, Public Use and Right of Way Deed dated 02/11/2026 and recorded 04/13/2026 as Instrument No. 2026013171, Official Public Records, Lubbock County, Texas. m. Section 13 of the Conditions of this policy, which relates to Arbitration, is hereby deleted. Form T-1 Sec. II Effective November 1, 2024 FILED AND RECORDED OFFICIAL PUBLIC RECORDS !'S�' OP T .. ; ��S� '3,'''�''� �� ' .� . �* �J �.�-� �n'• � .� � C . �{-� \��-.- ��o� l � 1 �OP1y � Kelly Pinion, County Clerk Lubbock County, TEXAS 04/13/2026 02:37 PM Recording Fee: $37.00 2026013171