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Home My WebLink AboutResolution - 2010-R0329 - Land Acquisition - Royce Heinrich - 07_22_2010Resolution No. 2010-RO329 July 22, 2010 Item No. 5.6 RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the Lake Alan Henry Pipeline Project, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the tract of land further described in Exhibit "A" and attached hereto, be acquired for public purposes and municipal purposes as set forth in the preamble hereof. SECTION 2. THAT the owner of said tract, being the Royce Heinrich, BE offered through the Right -of -Way Department of the City of Lubbock the amount of $16,668.50 and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title of said tract. Passed by the City Council this July 22 , 2010. TOM MARTIN, MAYOR TTEST; � 'aQA'P_�� S=:=� �Rebecl Garza, City Secretary APPROVED AS TO CONTENT: (2u d Marsha Reed, P.E. Chief OperatioA Officer Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Mitchell Satterwhite, Assistant City Attorney Offer&Condemnation-Royce Heinnch.res July 16. 2010 &D EXHIBIT '81 S 88° 24'37" E 5277.8' FD.'/t" ROD I I I 1 D.'/z" PIPE 60, Temxroj Con67. Esmf. 4,56 A, Raanlution No. 2010-R0329 FD. �i/z., 5615-0 ON 7 N. 6. I /4 OL-O(K J J.N.GIBSQN 5URV6Y LYNN GOUNtY)T6XA5 I IF 60' Permo+f Eosemenf \� FD,3q" PIPE 88°21'34" W 2638.4' 50 Royce Helnrlch Vol.169 Pg.196 196J0 Rods - ermonenf Esml_ (4.46 AG- Permonenf EsmtJ W65T1/2 D.314" PIPE N 88° 21'44" W 2E FD.-Y," Pi a N P.0.6. � Y.7195970.26 O x-1olaosa.a a (n o N w ® e N w Edgar (.Dunn & w Jr,ckle Bruce Dunn � Vol. 374 Pg. 835 � g M N � a _ rD1/z" ROD FD_%.' ROD W/CAP T S 88°21'44" E 2639.0' I 0 - Set I/2" Rod With Cop A legal description of even survey date herewith accompanies this survey plat. Su ve ed on the groErrt Ma ch-May, 20.0 9 ea' � � pP Y`Oj'G° BRG. & C 1 N 54°07'22" N �/i �FB��g Z �a 3 N 50' 41'35" W Registerel/4' Of rofesslonalLand Surveyor s"v 11_ ° aonnc rrrcoa°ann°.. a 5 N 55° 08'13" W All Norihings and Easting5 shown are prgj��f?c4�st�dinates and may be converted to Texas Stone Plane C-oordinaies, North Central Zone, NAD83 by dividing by o surface SCALE: 1' - 1000' adjustment factor of 1.0002396 CLIENT: PARKHIL All distonces shown are surface distances. DRAWN BY: B. E Bear ings shown are grid bearings based on the Texas SURVEYED BY: Slate Plane Coordinate System, North Central Zone, FILE: PARSO.dq NAD83 Datum 1111.34' MITH I»i PLAT DATE: 5-1-09 RROW SURVEY DATE:3-5,2009 .M. MARTIN CHECKED BY: G. WILSON �TFILE NO. 35.760 SHEET 1 OF 3 This survey and ollintormolion hereon is for the exclusive use of 1AW•teCc" LOW! w �•pw<c aI��ny.• CITY OF LUBBOCK , 1. and shollnol be copied or used except for the purpose for which 3370 701h ST.,$IHTE 202 • LUBB00t.T)L79413 if is expressly furnished, this drawing and ollcopies iparfiolor (fj06)788.0020 • FAX (8061792.1W6 \ complete) shall be returned l0 the owner upon demand. EXHIBIT "A" Page 1 of 2 PARCEL NO. 50 ROYCE HEINRICH Resolution No. 2010-RO329 Field Notes describing the centerline of a Sixty -Foot (60') wide permanent pipeline easement being located in Section 7, Block J, J.H. Gibson Survey, Lynn County, Texas and said pipeline centerline being described as follows: Beginning at a 1/2" iron rod with cap, set in the East line of the West Half of said Section 7, Block J, for the beginning of this description, from whence a 3/4" pipe found for the Southwest corner of the Northeast Quarter of said Section 7, Block J, bears North 1042'35" East, a distance of 353.04 feet, said point of beginning having a project coordinate of Y = 7195970.26 and X = 1014098.44; Thence North 54007'22" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 796.16 feet to the beginning of a curve to the right; Thence along the arc of a curve to the right and being along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 230.47 feet to a point for the end of this curve, said curve having a radius of 3850.00 feet and delta angle of 3025'48"; Thence North 50041'35" West, along the centerline of sald Sixty -Foot (60') wide permanent pipeline easement, a distance of 1111.34 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 298.61 feet to a point for the end of this curve, said curve having a radius of 3850.00 feet and delta angle of 4026'38"; Thence North 55008'13" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 798.99 feet to the end of this description, whence a 1/2" iron rod found for the Northwest corner of said Section 7, Block J, bears North 1043'38" East, a distance of 1112.10 feet. Containing 196.10 rods. (4.46 acres) U HIGH-TECH LAND AND GPS SURVEYORS, INC. 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806) 788-0020 • Fax (806) 792-1646 L EXHIBIT `A" Page 2 of 2 The above described sixty foot (60') wide permanent pipeline easement is also subject to a sixty foot (60') wide temporary construction easement being parallel and adjacent to said permanent pipeline easement, located and shown on the accompanying survey plat and said temporary construction easement contains 4.56 acres of land. The said temporary construction easement shall expire as noted in the easement agreement. Notes: 1. A survey plat of even survey date herewith accompanies this legal description. 2. Surveyed on the ground March -May, 2009. 3. Bearings shown are grid bearings based on the Texas State Plane Coordinate System, Texas North Central Zone, Nad83 Datum. 4. All distance shown are surface distances. 5. Surface adjustment factor for entire project is 1.0002396 40 \t' Q. :* m q� ••eLLLLLLL{{LOOt.Oonegq Registered r fessional Land Surveyor. GAR [1,kvWLSOt�,,, { (" ptijy fC.Vo V n -, Q s ,off 5�S'� Date: ♦� HIGH-TECH LAND AND GPS SFIRVEYORS, INC. 3330 70th St., Suite 202 • Lubbock, Texas 79413 (806) 788-0020 • Fax (806) 792-1646 ** * *� �' * * * *,* ** Owner's Policy Of Ttle Insurance Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY File Number: 31021A Policy Number: TO-08246419 Any notice of claim and any other notice or statemeM in writing required to be given the Company under this Policy must be given to the Company at the address shown in Sectian 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the °Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against 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. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity 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; (vil 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. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land suroey of the Land. The term °encroachment° includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. Lack of good and indefeasible Title. No right of access to and from the Land. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) 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 govemmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any pa�t of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. Issued through fhe Office of.• Pouey �ssue►: WEST TEXAS TITLE COMPANY, INC. 80D1 QUAKER AVENUE, SUITE E LUBBOCK, TX 79424-0000 PHONE: (808) 793�555 (/l%Ol'Lq G�z� � J Authorized Couniersignatory Old Repu6Tic Efa�! Title Irsurance Co. oxr�o�mr-� Home Office Issue Owner Policy af Title Insurance EHective 1-3-2014 OLD REPUBLIC NATIONAL TRLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 f6121371-1111 By ( ' `/�' /// President �_� ( Attest ��1.� �� Secre[ary IMPORTANT NOTICE To obtain information or make a complaint: You may contact: Policy Issuer: WEST TEXAS TITLE COMPANY, INC. 8001 QUAKER AVENUE, SUITE E LUBBOCK, TX 79424-0000 PHONE: (806) 793-9555 You may call Old Republic National Title Insurance Company's toll-free telephone number for information or to make a complaint at: (888) 678-1100 You may also write to Old Republic National Title Insurance Company at: 777 Post Oak Boulevard, Suite 240 Houston, Texas 77056 Attn: Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: (8D0�252-3439 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.Uc.us E-mail: ConsumerProtectionQtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Old Republic National Title Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede cominicarse con su: Policy Issuer: WEST TEXAS TITLE COMPANY, INC. 8001 QUAKER AVENUE, SUITE E LUBBOCK, TX 79424-0000 PHONE: (806) 793-9555 Usted puede Ilamar al numero de telefono gratis de Old Republic National Title Insurance Company para informacion o para someter una queja al: (888) 678-1700 Usted tambien puede escribir a Old Republic National Title Insurance Company: 777 Post Oak Boulevard, Suite 240 Houston, Texas 77056 Attn: Claims Department Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: (800) 252-3439 Puede escribir al Departamento de Seguros de Texas: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection�tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con Old Republic National Title Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departmento (TDI►. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. i�1 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 botly that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vestetl other than as stated in Schedule A or being defective: (aj as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recortling 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 antl expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation �including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii► the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1 �a� does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(bl does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; �c► resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provitled under Covered Risk 9 antl 101; 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 or assessments imposed by governmental authority and created or attaching between Date of Policy and the tlate of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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. 4. 5. 6. CONDITIONS 1. 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 8�b►, or decreased by Sections 1 0 and 11 of these Conditions. (b) "Date of Policy": The date designated as °Date of Policy" in Schedule A. (c► "Entity': A corporation, partnership, trust, limited liability company or other similar legal entity. (d) "Insured`: the Insured named in Schedule A. (i► The term 'Insured" also includes: (A) successors to the Title of the Insured by operation of IBI IC► � law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; successors to an Insured by dissolution, merger, consolidation, distribution or reorganization; successors to an Insured by its conversion to another kind of Entity; 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 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 grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes, (ii) With regard to (A�, �B�, (C) antl (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. (f) "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, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not motlify 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 the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5�d►, "Public Records° shall also include environmental 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) "Unmarketable Title": Title affected by an alleged or apparent 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 lentl if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or �ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i1 in case oi any litigation as set forth in Section 51a) below, or (ii► in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, 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 the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not exclutled 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 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 the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) 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 amouni equal to the current value of the Land or, if a loan policy, the amount of the loan; Iiv) indemnify another title insurance company in connection with its issuance of a poticy�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) through (v) herein. 4. PROOF OF LOSS. In the event the Company is unable to tletermine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. � 6. DEFENSEAND PROSECUTION OFACTIONS. �a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice Isubject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this poliey, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an aetion 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 reserves the right, in its sole discretion, to appeal from any adverse judgment or order. DUTY OF INSUAED CLA/MANT TO COOPERATE. (a) In a�l cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceetling antl any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insuretl for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid �i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defentl, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b► The Company may reasonably require the insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS,� TERMINATION OFLIABILIIY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the 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 With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii► to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)�i) or (ii�, the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 8. DETERM/NATIONANDEXTENTOFCIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under (b) (c) this policy shall not exceed the lesser of: (i) the Amount of Insurance; or (iil 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. If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured, �i► the Amount of Insurance shall be increased by 10%, and (ii► the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. 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 LIABILITY. �a� If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, inclutling litigation and the completion of any appeals, it shall have 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 the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. �c) The Company shall not be liahle for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 13. R/GNTS 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 in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights antl remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. Ib) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. 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 inclutle, 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 the transaction giving rise to this policy. All arbitrable matters when the Amount of insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity�. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitratetl only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award renderetl by the Arbitrator�s) may be entered in any court of competent jurisdiction. 10. REDUCTION OF INSURANCE,� REDUCTION OR TERM/NATION OF 15. LIAB/LITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of the payment, 11. LIABILITYNONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENTOFLOSS. 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. LIABILITY L/M/TED TO THIS POLICY,� POLICV ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporatetl by Schedule A of this policy. (d) Each entlorsement to this policy issuetl at any time is made a part of this policy antl 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, liii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICEOFLAW,�fORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law 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 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 required to be given the Company under this Policy must be given to the Company at 777 Post Oak Blvd., Ste. 240, Houston, Texas 77056. FOR INFORMATION, OR TO MAKE A COIVIPLAINT, CALL:1-888-678-1700 OWNER'S POLICY OF TITLE INSURANCE (Form T-1) Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCIiEDULE A Name and Address of Title Insurance Company: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South, MInneapolis, Minnesota 55401 File No.: 31021A Address for Reference only: N/A Amount of Insurance: $9,594.80 Date of Policy: February 18, 2011, at 11:00 am Name of Inswed: The City of Lubbock, Texas 2. The estate or interest in the Land that is insured by this policy is: Easement Tifle is insured as vested in: THE CITY OF LUBBOCK, TEXAS OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Bj�� K.tvv`r" " oI" P ��c Nat� AutLorized Countersignatory Title Irsurance Co. Form T-1: Owner's Policy of Title Insurance Home O�ce Issue Policy No.: TO-08246419 Premium: $229.00 Page 1 The land referred to in this policy is described as follows: Easement estate created by easement dated October 1, 2010, from Gaylon Buxkemper and Barbara Buxkemper to the City of Lubbock, Texas, recorded under Instrument #2011-0377 of the Official Public Records of Lynn County, Texas, in and to the following property lying and situated in Lynn County, Texas: Field Notes describing the centerline of a Sixty-Foot (60') wide permanent pipeline easement being located in Section 2, Block O, D& W. R.R. Survey, Lynn County, Texas and said pipeline centerline being described as follows: BEGINNING at a'h" iron rod with cap, set in the East line of said Section 2, Block O, for the beginning of this description and on a curve to the right, from whence a'h" rod found for the Southeast corner of said Section 2, Block O, bears South 1°23'17" West, a distance of 584.70 feet, said point of beginning having a project coordinate of Y= 7205159.48 and X =1001122.72; Thence along the arc of a curve to the right and being along the centerline of said Siaty-Foot (60') wide permanent pipeline easement, an arc distance of 107.02 feet to a point for the end of this curve, said curve having a radius of 3850.00 feet and delta angle of 1°35'33"; Thence North 53°24'll" West, along the centerline of said Sixty-Foot (60') wide permanent pipeline easement, a distance of 1584.77 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being along the centerline of said Sixty-Foot (60') wlde permanent pipeline easement, an arc distance of 170.70 feet to a'h" rod with cap set for the end of this description, said curve having a radius of 3850.00 feet and delta angle of 2°32'25", whence a �4" rod found for the Southeast corner of said Section 2, Block O, bears South 88°30'16" East, a distance of 1524.89 feet and South 1°23'17" West, a distance of 1651.3 feet. NOTE: The Company is prohibited from insuring tLe 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 quanrity is correct, but is made only for informational and/or identificadon purposes and does not override Item 2 of Schedule B hereof. OWNER'S POLICY OF TITLE INSURANCE (Form T-l) Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE B File No.: 31021A Policy No.: TO-08246419 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): This exception is hereby deleted in its entirety. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 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, 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 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 2010, and subsequent years; and subsequent t�es 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) Terms, conditions, stipulations, and provisions contained within Easement dated October 1, 2010, from Gaylon Buxkemper and Barbara Buxkemper to the City of Lubbock, Texas, recorded under Instrument #2011-0377 of the Official Public Records of Lynn County, Texas. b) Warranty Deed dated August 11, 1944, from L.W. Simmons to W.R. Bowden conveying'/: of all oil, gas and minerals, of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY gy� ��a,,,✓ lN�c�w.%�,� Authorized Countersignatory Old Republic Nadanal Tille Irsurance Co. Form T-1: Owner's Policy of Title Insurance Home Office Issue Page 3 Continuation of Schedule B Policy No. TO-08246419 record ia Volume 85, Page 400, Deed Records of Lynn County, Texas. c) Subject to the rules and regulations of High Plains Underground Water Conservation District No. 1. d) Rights to parties in possession. e) All visible and apparent easements not shown by t6e public records of Lynn County, Texas. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Bj': �-�"'�_ p��p b�.oNat� Authorized Countersignatory Title Ir.surance Co. Form T-1: Owner's Policy of Title Insurance Home Office Issue Page 4 GF No. 31021A OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Owner's Policy No.: TO-08246419 Premium Amount Rate Rules Property County Liability Policy Date Type Code 1 2 3 4 5 6 7 8 $229.00 1000 305 $9,594.80 02/18/2011 MIS ` ,;,., � (' k y� � Y.. � { [��0 � (��C� �°<�.��,�:� A. 6. FII.E NUMBER: I 7. LOAN NUMBER: 09-31021 SETTLEMENT STATEMENT 8. MORTGAGE II�'SURANCE CASE NUMBER: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outs�de the closing; they are shown here for informational purposes and are not included in totals. D. NAME & ADDRESS OF BORROWER E. NAME & ADDRESS OF SELLER F. NAME & ADDRESS OF LENDER City of Lubbock, Texas Gaylon Buxkemper NONE Attn: Dave Booher Barbara Buxkemper 1625 13th Street Lubbock, Texas 79401 G. PROPERTY LOCATION Parce158 Lake Alan Henry pipeline easement % Survey 2, Block O, Lynn County, TX J 1 200. AMOUNTS P 201. De osit or Earnest n 202. Princi al $ of new Ic 203. ExistinQ Loans taket I 204. 205. 206. 207. 208. 209. Adiustments for it 210. Citv taxes 21 l. Countv taxes 212. Assessments 213. 214. 215. 216. OMB No. 2502-0265 1. I I FHA 2. B. TYPE OF LOAN FMHA 3. CONV. UNI1�'S. H. SETTLEMENT AGENT (Ph) 806-793-9555 West Texas Title Co 8001 Quaker, Suite E Lubbock, TX 79424 I. SETTLEMENT DATE 17 January, 2011 DISBURSMENT DATE 17 Januarv. 2011 Phone: PLACE OF SETTLEMENT West Texas Title Co 8001 Quaker, Suite E Lubbock, TX 79424 PH:806-793-9555 FAX:806-793-9574 ER: 500. REDUCTION IN AMOUNT DUE 501. Excess De osit 502. Settlement char es to seller L 1400 503. Exis[in Loans taken 504. Pa off of 1 st mt loan 505. Pavoff of 2nd mt loan 506. 507. 508. 509. Adiustments for items unnaid bv seller 511. County taxes 512. Assessments 516. 220. TOTAL PAID BY/FOR BORROWER 520. TOTAL REDUCTION AMOUNT DUE SELL 300. CASH AT SETTLEMENT FROMlTO BORROWER 600. CASH AT SETTLEMENT TO/FROM SELLER 301. Gross amount due frm borrower (L 120) 6 2 9 3 0. 14 601. Gross amount due to seller (L 420 61 5 51 . 14 302. Less amts d bv/for borrower (L 220 602. Less reductions due seller (L 520) 303. CASH � FROM) ( TO) BORROWER 6 2, 9 3 0. 14 603. CASH � TO) ( FROM) SELLER 61, 5 51 . 14 The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency nay not collect this infonnation, and you are not required to complete this fonn, unless it displays a currently valid OMB control number. No confidentialiry is assured; :his disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. Copyright �O Spencer Systems Inc Sales:l-800-992-1362 Support:l-575-336-4018 email: info a spencersystemsinc.com RESPA HB 4305.2 L. SETTLEMENT CHARGES. 700. TOTAL SALESBROKER'S COMMISSION on � (R; . O O %_ Division of coirunission as follows: $ 701. $ . 0 0 to 702. � . 0 0 to 703. Commission aid at settlement 704. 800. ITEMS PAYABLE IN CONNECTION V1'ITH LOAN 801. I,oan OriQ. fee _ n Cl (1 fla� 803. A raisal fee to 804. Credit Re ort to 805. Lender's Ins fee 806. Mt Ins A Fee to 807. Assum tion Fee 808. 809. 810. sii. s�2. 813. 814. 900. ITEMS RE U 901. Interest from 902. Mt Ins Prem for 903. Hzd Ins Prem for 1000. 1001. Ha 1002. M� ] 003. Cii 1004. Cn 1005. Ar 1006. 1007. Insurance 1100. TITLE CHA ] ] 01. Escrow Fee to 1102. Polic aran fe 1103. Tax certificate to 1104. Lender's Title Insi 1105. Document re . tc 1106. Processin fee to 1107. Co fees to includes above item 1108. Title insurance to (includes above item I ] 09. I110. 1111. 1112. 1113. 1114. 1115. 12 1201. 1202. 1203. West Deed y Deed �rdinatic ,aura H. TO BE PAID mo. $ mo. na. � / mo. / mo. / mo. / mo. / mo. / mo. Paqe 2 of 3 OMB No. 2502-0265 GF: 09-31021 PAID FROM PAID FROM BORROWER'S SELLER'S FUNDSAT FUNDSAT SETTLEMENT SETTLEMENT L. Grantham I:]v 17 $ � � � � 1300. ADDITIONAL SETTLEMENT CHARCES 1301. Survev to: 1302. Pest in : I 303. 1304. 1305. 1306. 1307. 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 Sec J and 502 Sec K 1 3 7 9. 0 0 �UBSTIT[JTE FORM ] 099 SELLER STATEMENT--The information contained in Blocks E, G, H, and I and on line 401 is important tax infonnation ind is being fumished to the Internal Revenue Service in lieu of form 1099-S. Page 3 of 3 CERTIFICATION GF:09-31021 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I fully certify that I have received a copy of HUD-1 Settlement Statement. BUYER: Cit�Lubbock, Tex s G/z�- Dave Booher, Right-of-Way Agent Sel % Gaylo Buxkemper Gc. ; -n�. � Barbara Buxkemper The HUD-1 Statement which I have prep ared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. �C-( � � t � ( West � Texas itle Co Date Settlement Agent