HomeMy WebLinkAboutResolution - 2026-R0101 - MOU, Kathy Reid, Parcel 07, 0.260 Acres, Sect. 34, Abs. 243, 7612 66Th St - 03/10/20262026020037 5 PGS DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY 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 SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
66`� Street Expansion
Parcel No. 07
7612 66'h St., Lubbock, TX 79407
5.15 acres out of Section 34, Block AK
CITY OF LUBBOCK
STREET, PUI3LiC US� ANll RIGHT t�I+ WAY DEED
THE STATE OF TEXAS
COUNTY OF LUBBOCK
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT KATHY REID, an unmarried person, herein called "GRANTOR", for and in
consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable
consideration, to them in hand paid by the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, Grantor does hereby grant, sell, and convey to Grantee for public use
forever and for street right-of-way and utility purposes, the 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-described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the said public forever so long as
said premises are used for public street purposes.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Stree4 Public Use and Right of Way Deed Ver 8.10.23
�
P A R T N E R S
5010 122nd Street, Lubbock, TX 79424
Ph: (806) 993-3000/ FAX: (806) 993-3001
City of Lubbock
1314 Avenue K, 7th Floor
Lubbock, Texas 79401
RE: Tract 7, 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.
INiPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una queja:
You may call Essent Title Insurance, Inc.'s toll-free Usted puede llamar al numero de telefono gratis de Essent
telephone number for information or to make a complaint Title Insurance, Inc. Insurance Company's para
at: info�n�acion o para soineter una queja al:
866-483-2763 866-083-2763
You may also write to Essent Title Tnsurance, Inc. at: Usted tambien puede escribir a Essent Title Tnsurance, inc.
at:
Essent Title Insurance, Inc. •
Corporate Headquarters, Two Radnor Corporate Center, Esseut Title Insurance, Inc.
lUU Matsonford Road Corporate Headquarters, Two Radnor Coiporate Center,
Radnor, PA ] 9087 100 Matsonford Road
Radnor, PA 19087
You may contact thc Texas Department of Insurance to Puede comunicarsc 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
Yuu may write the Texas Department of Insurance: Puede escribir al Departainento de Seauros de Texas~
P.O. Box 12030 P.O. Box 12030
Austin, TX 78711-2030 Austin, TX 78711-?030
Fax: 512-490-1007 Fax: 512-490-1007
Web: www.tdi.texas.gov Web: www.tdi.texas.gov
E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS:
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 aontact the agent or the company reclamo, debe comunicarse con el agente o la compania
first. If the dispute is not resolved, you may contact the primero. Si no se resuelve la disputa, puede entonces
Texas Department of Insurance. comunicarse con el departamento (7'DI).
ATTACH 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 or para proposito de informacion y no se convierte en parte o
condition of the attached document. condicion del documento adjunto.
Esscnt TX-OP-v7
Owncr's Pnlicy of Titic Insurance
Form T-1
Effcctivc i 1-1-2024
Issued bq: Fssent TiHe Insur�nce, Inc.
Issued By:
ESS E N T TM
ESSENT TITLE INSURANCE, INC.
Corporate Headquarters, Two Raduor Coiporate Center
100 Matsonford Road, Radnor, PA 19087
Plione: 866-483-2763 Fax: 573-44?-3927 Website: www.essent.us/title
issuing Agent:
True Title Partners dba True Title Company, LLC
S0l Q 122nd Street
Lubbock, Texas 79424
POLICY NUMBER:
?X-27521333-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 tu 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 extcnt stated in Covered Risks 9 and 10, after Date of Policy, aaainst loss or damage, not
exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
Title being vested other than as stated in Schedule A.
2. Any defect in or lie�i or encumbrance on the Titfe. Tliis Covered Risk includes but is ifot limited to insurance against
loss from:
(a) A defect in tl�e 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 clectronic means authorized by law;
(v) a document executed under a falsified, expired or otl�ervvise invalid power of attoi�ney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those
acts by electronic means authorizcd by la�v; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authoriry due or payable, but
unpaid.
F..ssent TX-OP—v?
qwncr's Policy of TiUc Insurance
Form T-1
Effcctivc 11-1-2024
7'X-27521333-OP-1-A
Issued bp: Essent Title Insurance, Inc.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complcte land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located ou the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land. [This coverage is deleted by Schedule B. Exceptions
From Coverage Paragraph 2, unless a survey of the Land acceptable to Company is timely provided and the
applicable premium is paid to amend the exception to "shorta�es 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 governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibitina or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the charactcr, dimcnsions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of die 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 enforcemcnt action bascd 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 PuUlic Records, but only to the extent of
the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8. Any taking by a governmcntal body that has occurred and is binding on the rights of a purchaser for valuc without
Knowledge.
9. Title being vestcd othcr than as stated in Schedtile A or being defcctive: (a) as a result of the avoidance in whole or in
part, or from a court order providing an alternative remedy, of a transfer of all or any part of the tide to or any interes[
in the Land occurring prior to tlie transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolveucy or similar creditors' rights
laws; or (b) because the insirument of trausfer vesting Title as shown in Schedule A constitutes a preferential transfer
under federal banlu•uptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in
tl�e 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 througl� 9 tl�at 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 tnsurance, Inc.
�`i'� �'�
,���� W
ti illi.ae F. Huya�. Pmide :
F..ssent TX-OP—v7
O���ncr'5 Policy of Titic Insurancc
Form T-1
Effccti��c 11-I-2U24
TX-27521333-OP-1-A
Issued by: Essent Title insurance, Inc.
EXCLUSIONS FROM COVERAGE
The followin� matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,
costs, attorneys' fees or expenses which arise by reason of:
(a) Any law, ordinance, permit, or governmental regulacion (including those relating to building and zoning)
restricting, re�ulatina, 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 no[
modify or limit the 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. Righis of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(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 dan�agc to tl�e lnsured Claimant;
(d) attaching or created subsequent to Date of Policy (however, chis does not modify or limit tl�e 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 transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
Any lien on the Title for real estate taxes ar assessments imposed by governmental authority and created or attaching
between Date af 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, lease or lend money on the estate or interest covered hereby in the land
described in Schedule A because of Unmarketable Title.
Essent TX-OP-v7
ON�ncr's Policy of Titic Insurance
Form T-1
Eftcctivc 1]-1-2024
7'X-27521333-OP-1-A
Issued by: Essent TiUe Insurance, Inc.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following
matters:
1. The following restrictive covenants of record itemized below (tlie Company must either insert specific recording data or
delete chis 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 rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or
otlier 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) ro lands beyond the line of fl�e harbor or bulkhead lines as established or changed by any goven�ment, or
(c) to filled-in lands, or artificial islands, or
(d) to statutory water rights, including riparian riglits, or
(e) to the area extending fi-om 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 tl�ose
taxes or assessments for prior yeaa•s because of an exemption granted to a previous owner of the property under Section
11.13, Texas Tax Code, or because of improvements not asscssed for a previous tax ycar.
6. The follo�viu� matters and all terms of the documents creating or offering evidence of the matters (The Company must
insert matters or delete this exception).:
F..ssent TX-OP--v7
q�vncr's Policy of Titic Insurance
Form T-1
Effcctivc 1]-1-2024
Ta-27521333-OP-1-A
Issued b}': Essent TiUe 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 endorsement to
this policy, increased by Section S(b), or decreased by Sections 10 and 11 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 uamed in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the insured by operatiou 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 grantee are wholly-owned by
the named .Iusured,
(2) If the grantee wholly owns the named lnsured,
(3) If the grantee is wholly-owned by an affiliated Entity of tl�e named Insured, provided the
affiliated Entity and the named Insured are both wl�olly-owned by the same person or Entity,
or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established
by the Insured named in Schedttle A for estate plaiu�ing purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor ihat the
Company would have had against any predecessor Insured.
(e) "Insured Claimant": an lnsured 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 ►natters 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 describcd in Schedulc A, nor any right,
title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this
does not modify or limit thc extent that a right of access to and from thc Land is insured by this policy.
(h) "Mortgage": mortaage, deed of trust, trust deed, or other security inscrument, includii�g one evidenced by
electronic means authorized by law.
(i) "Public Records": records established under state statutes at Date of Policy for the purpase of imparting
constructive uotice of matters relating to real property to purchasers for value and without Knowledge. Witl�
respect to Covered Risk 5(d), "PuUlic Records" sl�all also include environmental protection liens filed in the
records of the clerk of the United States District Court for the district where the Land is located.
(j) "Title": the estate or interest described in Schedule A.
(k) "Unmarkctable Title": Title affected by an allcgcd or apparent mattcr that would permit a prospective purchaser
or lessee of the Title or leuder 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.
2. CONTINUATtON OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the
Insured retains an estate or iuterest in the Land, or liolds an obliaation secured by a purchase money Mortgaae given by
a purchaser from the Insurcd, or only so long as the Lisured sliall have liability by reason of warranties in any transfer
or conveyance of the Title. Tl�is policy shall not continue in force in favor of any purchaser from the Insured of either
(i) an estate or interest in tlie Land, or (ii) an obligation secured by a purchase money Mortgage given to tlie Insured.
F..ssent TX-OP-v7
OK�ncr's Policy of Titic Insurance
Form T-1
Effcctivc 11-1-2024
7'a-27521333-OP-1-A
Issued by: Essent Tide [nsurance, Inc.
NOTiCE OF CLATM TO BE GIVEN BY iNSURED CLAIMANT.
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below,
or (ii) in case Kno�vledge sl�all come to an lnsured hereunder of any claim of title or interest that is adverse to the Ticle,
as insured, and that might cause loss or damage f'or whicl� 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 shall be reduced to the extent of the prejudice.
When, after the Date of ihe Policy, the Insurcd notifies the Company as requircd herein of a lien, cncumUrance, adversc
claim or otl�er 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, encumbrance, adverse claim or defect or
other matter is valid and not ban•ed by law or statute. The Company shall notify the Insured in writing, within a
reasonable time, of its determination as to the validity or invalidity of the insured's claim or charge under the policy. if
the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was
otherwise addressed in the closing of the transaction in connection �vith which this policy was issued, the Company
shall specifically advise tlie lnsured of the reasons for its determination. lf the Company concludes that the lien,
encumbrance, adverse claim or defect is valid, the Company shall take oue 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 tl�e 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) through (v) herein.
PROOF OF LOSS.
In the event tlie Company is unable to determine the amount of loss or damage, tl�e 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.
DEFENSL AND PROSECUTION OF ACTIONS.
(a) Upon �vritten 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 unreasonable delay, shall provide for the defense of an
lnsureci in litieation in which any third party asserts a claim covered by this policy adverse to the insured. This
oUligation 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
reasonablc causc) to represent the Insured as to those statcd 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
in the defense of those causes of action tl�at allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or
desirablc to establish the Titic, 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, whether or not it shall be liable to the Insured.
The exercise of these riglits shall not be an adrnission of liability or waiver of any provision of this policy. lf the
Company exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a def'ense as required or pern�itted by this policy, the
Company may pursue the litiaation to a final detennination by a coun of competeiit jurisdiction and it expressly
reseives the rigltt, in its sole discretion, to appeal fi•om any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for tl�e defense of any
action or proceeding and any appeals, the Insured shall sccure to the Company the right to so prosecute or
provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for
this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shafl givc the
F..sscnt TX-OP--v7
()�+�ncr's Policy of Titic Insurance
Form T-1
Effcctivc 1 ]-1-2024
TX-27521333-OP-1-A
issued by: Essent Title Insurance, inc.
Cumpany all reasonable aid (i) in securing evidence, obtaining �vitnesses, prosecuting or defending the action or
proceeding, or effecting settlemeut, and (ii) in any other lawful act that in the opinion of the Company may be
necessary or dcsiraUle to establish the Title or any other mattcr as insured. If the Company is prejudiced Uy the
failure of the insured to furnish the required cooperation, the Company's obligations to the Tnsured 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 copyin�, 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 bearinL 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 shal(
grant its permission, in writing, for any authorized representative of tl�e Company to examine, inspect and copy
all of these records in the custody or contrul of a third party that reasonably pertain to the loss ar damage. All
information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in tl�e reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any
reasonably requested information or grant permission to secure reasonably necessary infoin�ation fi•om third
parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any
liability of the Company under this policy as to that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
ln case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Tnsurance.
To pay or tender �ayment of the Amount of Insurance under this policy together with any costs, attorneys' fees
and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment
or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option,
all liability and obligations of the Company to the Insured under this policy, other than to make the payment
required in this subsection, shall terminate, includin� any liabiliry or obligation to defend, prosecute, or contimie
any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise setde witl� other parties for or in tl�e name of an Insured Claimant any claim insured
against under this policy. In addition, the Compai�y will pay any costs, attorncys' fees and expenses
incurred by the Insured Clai�roant tltat were authorized by the Company up to the time of payment and tliat
the Company is obligated to pay; or
(ii) to pay or othei��ise settle with the Insured Claimant the loss or damage provided for under this policy,
togetlier with any costs, attorneys' fees and expenses incurred by the lnsured Claimant that were authorized
by the Company up to tl�e cime of payment and that the Company is oUligated to pay. Upon the exercise by
the Company of either of tl�e 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, odier than the paymcnts required to be madc,
shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.
DETERMINATION AND EXTEN7 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 damaae by reason of matters insured against by this policy.
(a) The extent of liabiliry of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurauce; or
(ii) the difference benveen 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 unsuccessiul in establisl�ing ihe Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insttred Claimant shall have the right to l�ave the loss or damage detennined either as of the date the
clain� was made by the Insured Claimant or as of the date it is settled and paid.
Essent TX-OP—v7
qwncr's Policy of Titic Insurance
Form T-1
Effcctivc 11-1-2024
TX-27521333-OP-1-A
Issued by: Essent Title Insurance, Inc.
(c) in addition to the extent of liability under (a) and (b), the Company wifl also pay those costs, attorneys' fees and
expenscs incurred in accordance wsth Scctions 5 and 7 of these Conditions.
9. LIMITATiON OF LIABILiTY.
(a) If the Company cstablishes the Titic, 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 witl� Section 3 or 7, in a
rcasonably diligent manner by any method, including litigation and the complction of any appeals, it sliall havc
fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to
the Insured.
(b) In tlie event of any litigation, including litigation by tl�e Company or wieh the Company's consent, the Company
shall have no liability for loss or damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to che insured for liability voluntarily assumed by the
Insured in settling any claim or suit without the prior written consent of the Co►npany.
] 0. REDUCTION OF INSURANCE; REDUCTION OR TERMiNATiON OF LIABiLiTY.
All pay►nents under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE.
Tl�e Amount of Insurance shall be reduced by any amount the Coinpany pays under any policy insurina a Mortgage to
which exception is taken in Scliedule B or to which 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 amounc so paid sliall be
deemed a payment to the Insured undei• 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. RIGIITS 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 ri�hts 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 tl�e Company of these rights and remedies. The Insured Claimant shall permit the
Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of tlie Insured
Claimant in any transaction or liti�ation im�olving these rights and remedies. If a payincnt on account of a claim
does not fully cover die loss of the Insived Claimant, tl�e Company shall defer the exercise of its right to recover
until after thc lnsured Claimant shall have ►•ecovered its loss.
(b) The Company's right of subrogation includes the rigl�ts of the Insu►•ed to indemni[ies, guaranties, other policies
of insurance or bonds, notwithstandina any terms or conditions contained in those insnvmeuts 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 ("RU�CS"). 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 arisina 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 o£ the transaction givino rise ta this policy. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less sliall be arbitrated at the option of either tlie Company or tl�e Insured, unless die 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 Coinpany and the Insured. ArUitration
F..ssent TX-OP-v7
ON�ncr's Policy ofTitic Insurance
Form T-1
£ffcctivc 11-1-2024
7'X-27521333-() P-1-A
issued by: 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 entercd in any court of competent ju�isdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTR.ACT.
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract
between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall
be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an autliorized person,
or expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is madc a part of this policy and is subject to all of its terms
and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions
of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of
Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers
to a term defined in Section 1 of the Conditions shall be deemed to refer to the term re�ardless of whether the
term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment,
endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be
deemed to refer to the Conditions of this policy.
16. SEVERABILiTY.
ln the event any provision of this policy, ui 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 Tnsured acknowledges the Company has underwritten the risks covered by this policy and
determined the premium charged therefor in reliance upon the law affecting interests in real property and
applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine
the validity of claims against the Title tl�at are adverse to the Insured, and in interpreting and enforciug 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 Statcs of America or its territories having appropriate
jurisdiction.
18. NO7'ICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy
must be given to the Company at Coiporate Headquarters, Two Radnor Corporate Center, 100 Matsonford Road,
Radnor, PA 19087, or by Email to titleclaims;aessent.us.
Essent TX-OP—v7
qwncr's Policy of Titic Insurance
Form T-1
Effcctivc I1-1-2024
7'a-27521333-()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-25-178 Policy No.: TX-27521333-OP-1-A
Address for Reference only: Tract 7, Lubbock, TX 79407
Amount of Insurance: $58,240.00 Premium: $519.00
Date of Policy: May 27, 2026 at 02:38pm
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 0.260-acre (11,339-square foot) right-of-way tract in Section 34, Block AK, Lubbock County, Texas, being a
portion of that certain 5.15-acre tract of land described in a Veteran's Land Board Agreement having the
buyer listed as Allen and Kathy Reid, recorded in Volume 5290, Page 344 of the Real Property Records of
Lubbock County, Texas, said 0.260-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: 7,258,752.46 and
EASTING: 906,256.88, 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 1548.48 feet;
(1) THENCE North 01 degrees 50 minutes 24 seconds East, along the west line of said parent tract, a
distance of 51.85 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 218.35 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 52.01 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 3517.04 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 218.35 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
"�a,v:►�+�� tr.G"�;.
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-25-178
EXCEPTIONS FROM COVERAGE
Policy No.: TX-27521333-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 foliowing 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 Volume 5290, Page 341, Official Public
Records, Lubbock County, Texas.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements. Covered Risk 2(c) is hereby deleted.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations,
governments or other entities,
(a) to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
(b) to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
(c) to filled-in lands, or artificial islands, or
(d) to statutory water rights, including riparian rights, or
(e) to the area extending from the line of inean low tide to the line of vegetation, or the right of access
to that area or easement along and across that area.
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 Record whether listed in Schedule B or not. There may be leases, grants,
exceptions or reservations of the geothermal energy and associated resources below the surface of
the land that are not listed.
e. Subject to the Easement, recorded in Volume 371, Page 240, Deed Records of the Lubbock County
Texas.
f. Subject to the Easement, recorded in Volume 1608, Page 525, Deed Records of the Lubbock
County Texas.
g. A reservation of Oil and Gas Lease by documents recorded in Counry Clerk's File No. 2012050565,
Official Public Records, 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.
h. Lease executed in between Allen k. Reid and Kathy Reid (Landlord) and J.P. Jenkins Inc., dba
South Plains Communication (Tenant), dated May 10, 2016, recorded in/under Clerk's File No.
2025044236, Official Public Records, Lubbock County, Texas.
i. The subject property lies within the boundaries of Hi Plains Water.
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 recorded 05/27/2026 as Instrument No. 2026020037, 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
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OP L_
Kelly Pinion, County Clerk
Lubbock County, TEXAS
0S/27/2026 02:38 PM
Recording Fee: $37.00
2026020037