14-R-01 - Velasco, Maske Road Waterline ProjectRESOLUTION NO. 14 -R -01
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN
AGREEMENT FOR A RIGHT -OF WAY DEDICATION ALONG MASKE
ROAD FROM PETER S. VELASCO AND PAMELA R. VELASCO IN
CONNECTION WITH THE MASKE ROAD WATERLINE PROJECT
AND AUTHORIZING THE ACCEPTANCE OF SUCH RIGHT -OF -WAY
DEDICATION BY THE CITY IN ACCORDANCE WITH THE TERMS OF
THE DEDICATION AGREEMENT, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City (1) enter into an agreement for a right -of -way dedication with Peter S. Velasco and Pamela
R. Velasco (collectively, the "Grantors "), in the form attached hereto as Exhibit A (the
"Agreement'), for the dedication to the City of right -of -way containing approximately 0.447
acres as more particularly described on Exhibit B attached hereto (the "Right -of- Way "); and (2)
accept the dedication of such Right -of -Way in accordance with the terms of the Agreement; and
WHEREAS, the City needs to acquire the Right -of -Way in connection with the
construction of a waterline along Maske Road; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with the Grantors pursuant to the Agreement and to accept the dedication of the Right -
of -Way in accordance with the terms of the Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the Grantors in substantially the form set forth on Exhibit A and to
accept the dedication of the Right -of -Way to the City in accordance with the terms of the
Agreement.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 7th day of January, 2014.
CITY O Z, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
RIGHT -OF -WAY DEDICATION AGREEMENT
A -1
EXHIBIT B
LEGAL DESCRIPTION OF THE RIGHT -OF -WAY
Mal
Page 1 of 4
Dennis, Brenda
From: Clay, Megan J. [MClay @firstam.com]
Sent: Tuesday, February 25, 2014 4:25 PM
To: Raleigh, Cynthia A.; Willoughby, Sam; charles.zech @rampage- sa.com; habib.erkan @rampage - sa.com;
Dennis, Brenda
Subject: RE: Velasco and AMME Holdings
Attachments: NCS- 643242 -TI Owner's Policy of Title Insurance.pdf; NCS- 643243 -T1 Owner's Policy of Title
Insurance.pdf; ATT315490.txt; ATT315491.htm
All:
Please find the following attached documents:
• T -1 Owner's Policy of Title Insurance, NCS- 643242 ( Velaaco); and
• T -1 Owner's Policy of Title Insurance, NCS- 643243 (AMME Holdings).
The original policies along with the original recorded documents will follow to Ms. Dennis via UPS overnight.
I have enjoyed working with all of you on these transactions and look forward to working with you again in the future.
Please do not hesitate to contact me if you have any questions or if I can be of assistance in any way. Have a great
evening.
Regards,
Megan
Commercial Escrow Officer /Attorney at Law
First American Title National Commercial Services
Single point of contact for all your local and national real estate needs
FirstAmerican Title"
1826 N. Loop 1604 W. Ste. 125, San Antonio, Texas 78248
Direct: 210 - 390 -3653
Mobile: 210- 854 -0883
Fax: 866- 739 -2652
Email: mclayCa)flrstam.com
A member of the First American Financial Corooratlon
family of companies I NYSE: FAF
NOTICE OF CONFIDENTIALITY
Tbis email message ardils attachments (irany) are intendedsole e. noe ase of the addressee hereof In addifiW (his messago aM the aftacbmen os,,, ropnxf ,ny, dVnbr ee , That is congdential,
privileged andg thish lmmsslon UmmMeof thiscelessawoanylrenot the irenfticpfenroloismess noti ua,epmhidfedimmht.,pnllisc losing, reprotlucing, Uls(nbutinq, �sseminafingm
plomptlseuffydlesenderbympl a men anf lhldedetage Mae tes nos goftm foursytam recipient is not inferMed to ,vaiva any right orprinlege. I(}rou have received Mis message in errp[pleasa
prompgy nofily fY,e sentlarbyrepye� marl arM immedlateq delete fMS message from yourayafem.
From: Clay, Megan J.
Sent: Monday, February 24, 2014 3:48 PM
To: 'CRaleigh @schertz.com'
Cc: SWilloughby @schertz.com; charles.zech @rampage- sa.com; habib.erkan @rampage - sa.com; bdennis @schertz.com
Subject: RE: Velasco and AMME Holdings
Cindy,
2/26/2014
Page 2 of 4
Thank you, I will send the original recorded documents to Brenda. I have attached copies of the recorded documents for
your records as well as copies of the fully executed Agreements for Dedication of Right -of -Way. I have been notified by
our policy department that the policies should be ready by mid -week. As soon as I receive them, I will send the original
documents and polices out to you. Please advise whether you want the T -1 Owner's Policy for both files as well as the
Agreement for Dedication of Right -of -Way to be sent to Brenda as well.
In addition, at your convenience, please send me copies of the recorded Releases of Involuntary Liens for the AMME
Holdings file (NCS- 643243). I believe there is a total of 14.
Megan J. Clay
Commercial Escrow Officer /Attorney at Law
First American Title National Commercial Services
Single point of contact for all your local and national real estate needs
FirstAmerican Title"
°• '-`` Sze - iU "+ +t tO: "idEe`I }.4 sEp _.
1826 N. Loop 1604 W. Ste. 125, San Antonio, Texas 78248
Direct: 210 - 390 -3653
Mobile: 210 - 854 -0883
Fax: 866 - 739 -2652
Email: mclav@Flrstam.com
A member of the First American Financial Corooratlon
family of companies I NYSE: FAF
NOTICE OF CONFIDENTIALITY
This , mail message aapih of phavols par') am mama of solely for the use of the addressee hereof In addition, this message are the affachmenh (if any) may contain information that is confidential,
powlegal ant exempt from disctoswe paper applicable law Ifyou are not the intended recipient of this message, you am prohibted from readiW,disclosirg, reproducing, GrshibutIng. diisseminalmel or
ohhenvise using this transmission. Celivery of this message(. any person other than the inherent recipient is not intended to waive any dghl orpdvilam. Il ynu have roceivM this messagein earoq phase
promptly notify the seMarbyreply e-mail ardimmediahelytelete this message from mur T,atem.
From: CRaleioh @schertz.com fmallto:CRalelch @schertz.com]
Sent: Monday, February 24, 2014 1:59 PM
To: Clay, Megan J.
Cc: SWillouohby@schertz.com; charles.zech @ramoaoe- sa.com; habib.erkan @ramoacle- sa.com; bdennis @schertz.com
Subject: RE: Velasco and AMME Holdings
Thank you.
Please send them to
Brenda Dennis
City Secretary
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Cynthia Raleigh, CPM, TRMC
City of Schertz
Public Works Coordinator
10 Commercial Place, Bldg. 2
Schertz, Texas 78154
I
Ph: 210.619.1822
Fax: 210.619.1849
From: Clay, Megan J. rmailto:MClay @firstam.com]
2/26/2014
Page 3 of 4
Sent: Monday, February 24, 2014 1:57 PM
To: Raleigh, Cynthia A.; habib.erkanioi rampage-sa.com
Cc: Willoughby, Sam; charles.zech (drampage - sa.com
Subject: RE: Velasco and AMME Holdings
Cindy,
I plan to get these out today via email and UPS overnight. The clerk had a problem with the recordings and returned the
documents to me. I have received the file- stamped originals back and plan to issue the policies today. Thank you for your
patience.
Regards,
Megan
Megan J. Clay
Commercial Escrow Officer /Attorney at Law
First American Title National Commercial Services
Single point of contact for all your local and national real estate needs
lrstAnlericat) Title"
' i� 3, h1S _ C.'.'.IE J. _ jGF ,..
1826 N. Loop 1604 W. Ste. 125, San Antonio, Texas 78248
Direct: 210- 390 -3653
Mobile: 210- 854 -0883
Fax: 866 - 739 -2652
Email: mclay(a)flrstam.com
A member of the First American Financial Corooration
family of companies I NYSE: FAF
NOTICE OF CONFIDENTIALITY
This email message and its attachments hfaoy) are intended solely for the use of the addressee hereof. In addition, this massage and the attachments (if any) may contain information that is confidential,
pduleged and exempt from disclosure under spoiwble law. Il you are not the infende] recipient al Nis massage, you are prohibifetl fmm reatling, disclosing, mproducing, dklnbutirg, disseminating or
otherwise using Mis frzrtsrpission. Delivery of this message to any person other than the intended recipient is not intended to waive any dght orpmalsim Ifyou have recnivedlhis message in error, p lease
prompty notify the sender by reply a -mail and lmmadateydelete this message from your system.
From: CRaleigh(o1schertz.com fmailto:CRaleigh(a)schertz.com]
Sent: Monday, February 24, 2014 1:17 PM
To: Clay, Megan J.; habib.erkan(a)rampage- sa.com
Cc: SWilloughby(cbschertz.com; charles.zech(drampace- sa.com
Subject: Velasco and AMME Holdings
Megan,
We have not received the fully executed copies for our files as of yet. Do you have these? Thank you.
Cindy
Cynthia Raleigh, CPM, TRMC
City of Schertz
Public Works Coordinator
10 Commercial Place, Bldg. 2
Schertz, Texas 78154
Ph: 210.619.1822
Fax: 210.619.1849
2/26/2014
Page 4 of 4
This message may contain confidential or proprietary information intended only for the use of the
addressee(s) named above or may contain information that is legally privileged. If you are
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replying to the message and delete the original message and any copies immediately thereafter.
If you received this email as a commercial message and would like to opt out of future commercial
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Thank you. -
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
FAFLD
2/26/2014
\Q-SS A M E R/CS
First American
Title Company
1826 N. Loop 1604 W. Suite 125
San Antonio, Texas 78248
210 - 390 -3653
mclay @firstam.com
February 25, 2014
VIA UPS OVERNIGHT DELIVERY
City of Schertz
Brenda Dennis
City Secretary
1400 Schertz Parkway
Schertz, Texas 78154 -1634
RE: NCS# 643242 and NCS- 643243- Recorded Original Documents, Original Agreements
and T -I Owner's Policy of Title Insurance
Ms. Dennis:
Enclosed are the following documents:
1. Owner's Policy of Title Insurance T -1, NCS- 643242; -V ekaaco
2. Owner's Policy of Title Insurance T -1, NCS- 643243; N(nme }36�A inq s
3. Original Recorded Right of Way Deed of Dedication, NCS- 643242;
4. Original Recorded Right of Way Deed of Dedication, NCS- 643243;
5. Original Recorded Utility Line Easement and Temporary Construction Easement
Agreement, NCS- 643243;
6. Original Agreement for Dedication of Right -of -Way, NCS- 643242; and
7. Original Agreement for Dedication of Right -of -Way, NCS- 643243.
Please do not hesitate to contact me if you have any questions.
Sincerely yours,
MegajCla
Commercial Escrow
Encl.
it
) nev at Law
Owner's Policy of Title Insurance T -1
ISSUED BY
First American Title Insurance Com
Owner's Policy I NCS- 643242 O
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to
the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company ") insures, as of Date of Policy and, to
the extent stated in Covered Risks 9 and 10, after Dale of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. 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:
(1) 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;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
(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.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
(Covered Risks Continued on Page 2
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affil ed by its authorized officers as of Date of Policy shown in Schedule A.
First American Title Insurance Company
I.�P�ILILE IN49��taaaa
Dennis J. Gilmore
a ° ° President
SEPTEMBER
aia b� •, 966 , • a. %�^` /
'ata4 * 0 q1; F 0 RNIp*
Timothy Kemp
Secretary
[Ws Pollcyls valid ontywhen Schedules A arA Bare attached)
Form 5025548 (1 -3 -14) Page 1 of 12
This facketms created elecVOntcaliy and constitutes an original document
TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement 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 governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records:
(1) to be timely, or
(it) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
and not disclosed in writing to the Company by the Insured
this policy and the Company will not pay loss or damage, costs,
Claimant prior to the date the Insured Claimant became an
attorneys' fees or expenses that arise by reason of:
Insured under this policy;
1. (a) Any law, ordinance, permit, or governmental regulation
(c) resulting in no loss or damage to the Insured Claimant;
(including those relating to building and zoning) restricting,
(d) attaching or created subsequent to Date of Policy (however,
regulating, prohibiting or relating to:
this does not modify or limit the coverage provided under
(i) the occupancy, use, or enjoyment of the Land;
Covered Risk 9 and 10); or
(ii) the character, dimensions or location of any
(e) resulting in loss or damage that would not have been
improvement erected on the Land;
sustained if the Insured Claimant had paid value for the
(iii) subdivision of land; or
Title.
(iv) environmental protection;
4. Any claim, by reason of the operation of federal bankruptcy,
or the effect of any violation of these laws, ordinances or
state insolvency, or similar creditors' rights laws, that the
governmental regulations. This Exclusion 1(a) does not modify
transaction vesting the Title as shown in Schedule A, is:
or limit the coverage provided under Covered Risk 5.
(a) a fraudulent conveyance or fraudulent transfer; or
(b) Any governmental police power. This Exclusion 1(b) does
(b) a preferential transfer for any reason not stated in Covered
not modify or limit the coverage provided under Covered
Risk 9 of this policy.
Risk 6.
5. Any lien on the Title for real estate taxes or assessments
2. Rights of eminent domain. This Exclusion does not modify or
imposed by governmental authority and created or attaching
limit the coverage provided under Covered Risk 7 or 8.
between Date of Policy and the date of recording of the deed or
3. Defects, liens, encumbrances, adverse claims or other matters:
other instrument of transfer in the Public Records that vests
(a) created, suffered, assumed or agreed to by the Insured
Title as shown in Schedule A.
Claimant;
6. The refusal of any person to purchase, lease or lend money on
(b) not Known to the Company, not recorded in the Public
the estate or interest covered hereby in the land described in
Records at Date of Policy, but Known to the Insured
Schedule A because of Unmarketable Title.
Claimant
Form 5025548 (1 -3 -14) Page 2 of 12 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
[001 to] 1110]1
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
10 and 11 of these Conditions.
(b) "Date of Policy': The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company or other similar legal entity.
(d) "Insured ": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation
of law as distinguished from purchase, including
heirs, devisees, survivors, personal representatives
or next of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to
another kind of Entity;
(D) a grantee of an Insured under a deed 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) and (D) reserving, however,
all rights and defenses as to any successor that the
Company would have had against any predecessor
Insured.
(e) "Insured Claimant ": an Insured claiming loss or damage.
(fj "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 modify
or limit the extent that a right of access to and from the Land
is insured by this policy.
(h) "Mortgage ": mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
Form 5025548 (1 -3 -14) Page 3 of 12
(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 lend if there is a
contractual condition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so 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 (i) in
case of any litigation as set forth in Section 5(a) below, or (ii) in
case Knowledge shall come to an Insured hereunder of any
claim of title or interest that is adverse to the Title, as insured,
and that might cause loss or damage for which the Company
may be liable by virtue of this policy. If the Company is
prejudiced by the failure of the Insured Claimant to provide
prompt notice, 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
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 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 therefor, issue to the Insured
TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
CONDITIONS (Continued)
Claimant or to a subsequent owner, mortgagee or holder of the
aid (i) in securing evidence, obtaining witnesses,
estate or interest in the Land insured by this policy, a policy of
prosecuting or defending the action or proceeding, or
title insurance without exception for the lien, encumbrance,
effecting settlement, and (ii) in any other lawful act that in
adverse claim or defect, said policy to be in an amount equal to
the opinion of the Company may be necessary or desirable
the current value of the Land or, if a loan policy, the amount of
to establish the Title or any other matter as insured. If the
the loan; (iv) indemnify another title insurance company in
Company is prejudiced by the failure of the Insured to
connection with its issuance of a policy(ies) of title insurance
furnish the required cooperation, the Company's obligations
without exception for the lien, encumbrance, adverse claim or
to the Insured under the policy shall terminate, including
defect; (v) secure a release or other document discharging the
any liability or obligation to defend, prosecute, or continue
lien, encumbrance, adverse claim or defect; or (vi) undertake a
any litigation, with regard to the matter or matters requiring
combination of (1) through (v) herein.
such cooperation.
4. PROOF OF LOSS.
(b) The Company may reasonably require the Insured
In the event the Company is unable to determine the amount of
Claimant to submit to examination under oath by any
loss or damage, the Company may, at its option, require as a
authorized representative of the Company and to produce
condition of payment that the Insured Claimant furnish a signed
for examination, inspection and copying, at such
proof of loss. The proof of loss must describe the defect, lien,
reasonable times and places as may be designated by the
encumbrance or other matter insured against by this policy that
authorized representative of the Company, all records, in
constitutes the basis of loss or damage and shall state, to the
whatever medium maintained, including books, ledgers,
extent possible, the basis of calculating the amount of the loss
checks, memoranda, correspondence, reports, e- mails,
or damage.
disks, tapes, and videos whether bearing a date before or
5. DEFENSE AND PROSECUTION OF ACTIONS.
after Date of Policy, that reasonably pertain to the loss or
(a) Upon written request
by the Insured, and subject to the
damage. Further, if requested by any authorized
options contained
in Sections 3 and 7 of these Conditions,
representative of the Company, the Insured Claimant shall
the Company, at its own cost and without unreasonable
grant its permission, in writing, for any authorized
delay, shall provide for the defense of an Insured in litigation
representative of the Company to examine, inspect and
in which any third party asserts a claim covered by this
copy all of these records in the custody or control of a third
policy adverse to the Insured. This obligation is limited to
party that reasonably pertain to the loss or damage. All
only those stated causes of action alleging matters insured
information designated as confidential by the Insured
against by this policy. The Company shall have the right to
Claimant provided to the Company pursuant to this Section
select counsel of its choice (subject to the right of the
shall not be disclosed to others unless, in the reasonable
Insured to object for reasonable cause) to represent the
judgment of the Company, it is necessary in the
Insured as to those stated causes of action. It shall not be
administration of the claim. Failure of the Insured Claimant
liable for and will not pay the fees of any other counsel. The
to submit for examination under oath, produce any
Company will not pay any fees, costs or expenses incurred
reasonably requested information or grant permission to
by the Insured in the defense of those causes of action that
secure reasonably necessary information from third parties
allege matters not insured against by this policy.
as required in this subsection, unless prohibited by law or
(b) The Company shall have the right, in addition to the options
governmental regulation, shall terminate any liability of the
contained in Sections 3 and 7, at its own cost, to institute
Company under this policy as to that claim.
and prosecute any action or
proceeding or to do any other
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
act that in its opinion may
be necessary or desirable to
TERMINATION OF LIABILITY.
establish the Title, as insured, or to prevent or reduce loss
In case of a claim under this policy, the Company shall have the
or damage to the Insured. The Company may take any
following additional options:
appropriate action under the terms of this policy, whether or
(a) To Pay or Tender Payment of the Amount of Insurance.
not it shall be liable to the Insured. The exercise of these
To pay or tender payment of the Amount of Insurance
rights shall not be an admission of liability or waiver of any
under this policy together with any costs, attorneys' fees
provision of this policy. If the Company exercises its rights
and expenses incurred by the Insured Claimant that were
under this subsection, it must do so diligently.
authorized by the Company up to the time of payment or
(c) Whenever the Company brings an action or asserts a
tender of payment and that the Company is obligated to
defense as required or permitted by this policy, the
pay.
Company may pursue the litigation to a final determination
Upon the exercise by the Company of this option, all liability
by a court of competent jurisdiction and it expressly
and obligations of the Company to the Insured under this
reserves the right, in its sole discretion, to appeal from any
policy, other than to make the payment required in this
adverse judgment or order.
subsection, shall terminate, including any liability or
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
obligation to defend, prosecute, or continue any litigation.
(a) In all cases where this policy permits or requires the
(b) To Pay or Otherwise Settle With Parties Other than the
Company to prosecute or provide for the defense of any
Insured or With the Insured Claimant.
action or proceeding and any appeals, the Insured shall
(i) To pay or otherwise settle with other parties for or in the
secure to the Company the right to so prosecute or provide
name of an Insured Claimant any claim insured against
defense in the action or proceeding, including the right to
under this policy. In addition, the Company will pay any
use, at its option, the name of the Insured for this purpose.
costs, attorneys' fees and expenses incurred by the
Whenever requested by the Company, the Insured, at the
Insured Claimant that were authorized by the Company
Company's expense, shall give the Company all reasonable
up to the time of payment and that the Company is
Form 5025548 (1 -3 -14) Page 4 of 12 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
CONDITIONS (Continued)
obligated to pay; or
by the amount of the payment.
(it) to pay or otherwise settle with the Insured Claimant the
11. LIABILITY NONCUMULATIVE.
loss or damage provided for under this policy, together
The Amount of Insurance shall be reduced by any amount the
with any costs, attorneys' fees and expenses incurred
Company pays under any policy insuring a Mortgage
to which
by the Insured Claimant that were authorized by the
exception is taken in Schedule B or to which the Insured
has
Company up to the time of payment and that the
agreed, assumed, or taken subject or which is executed by an
Company is obligated to pay. Upon the exercise by the
Insured after Date of Policy and which is a charge or lien on the
Company of either of the options provided for in
Title, and the amount so paid shall be deemed a payment to the
subsections (b)(i) or (ii), the Company's obligations to
Insured under this policy.
the Insured under this policy for the claimed loss or
12. PAYMENT OF LOSS.
damage, other than the payments required to be made,
When liability and the extent of loss or damage have been
shall terminate, including any liability or obligation to
definitely fixed in accordance with these Conditions, the
defend, prosecute or continue any litigation.
payment shall be made within 30 days.
8. DETERMINATION AND EXTENT OF LIABILITY.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
This policy is a contract of indemnity against actual monetary
SETTLEMENT.
loss or damage sustained or incurred by the Insured Claimant
(a) Whenever the Company shall have settled and paid a claim
who has suffered loss or damage by reason of matters insured
under this policy, it shall be subrogated and entitled to the
against by this policy.
rights of the Insured Claimant in the Title and all other rights
(a) The extent of liability of the Company for loss or damage
and remedies in respect to the claim that the Insured
under this policy shall not exceed the lesser of:
Claimant has against any person or property, to the extent
(i) the Amount of Insurance; or
of the amount of any loss, costs, attorneys' fees and
(it) the difference between the value of the Title as insured
expenses paid by the Company. If requested by the
and the value of the Title subject to the risk insured
Company, the Insured Claimant shall execute documents to
against by this policy.
evidence the transfer to the Company of these rights and
(b) If the Company pursues its rights under Section 3 or 5 and
remedies. The Insured Claimant shall permit the Company
is unsuccessful in establishing the Title, as insured,
to sue, compromise or settle in the name of the Insured
(i) the Amount of Insurance shall be increased by 10 %,
Claimant and to use the name of the Insured Claimant in
and
any transaction or litigation involving these rights and
(it) the Insured Claimant shall have the right to have the
remedies.
loss or damage determined either as of the date the
If a payment on account of a claim does not fully cover the
claim was made by the Insured Claimant or as of the
loss of the Insured Claimant, the Company shall defer the
date it is settled and paid.
exercise of its right to recover until after the Insured
(c) In addition to the extent of liability under (a) and (b), the
Claimant shall have recovered its loss.
Company will also pay those costs, attorneys' fees and
(b) The Company's right of subrogation includes the rights of
expenses incurred in accordance with Sections 5 and 7 of
the Insured to indemnities, guaranties, other policies of
these Conditions.
insurance or bonds, notwithstanding any terms or
9. LIMITATION OF LIABILITY.
conditions contained in those instruments that address
(a) If the Company establishes the Title, or removes the alleged
subrogation rights.
defect, lien or encumbrance, or cures the lack of a right of
14. ARBITRATION.
access to or from the Land, all as insured, or takes action in
Either the Company or the Insured may demand that the claim or
accordance with Section 3 or 7, in a reasonably diligent
controversy shall be submitted to arbitration pursuant to the Title
manner by any method, including litigation and the
Insurance Arbitration Rules of the American Land Title
completion of any appeals, it shall have fully performed its
Association ( "Rules "). Except as provided in the Rules, there shall
obligations with respect to that matter and shall not be liable
be no joinder or consolidation with claims or controversies of
for any loss or damage caused to the Insured.
other persons. Arbitrable matters may include, but are not limited
(b) In the event of any litigation, including litigation by the
to, any controversy or claim between the Company and the
Company or with the Company's consent, the Company
Insured arising out of or relating to this policy, any service in
shall have no liability for loss or damage until there has
connection with its issuance or the breach of a policy provision, or
been a final determination by a court of competent
to any other controversy or claim arising out of the transaction
jurisdiction, and disposition of all appeals, adverse to the
giving rise to this policy. All arbitrable matters when the Amount
Title, as insured.
of Insurance is $2,000,000 or less shall be arbitrated at the option
(c) The Company shall not be liable for loss or damage to the
of either the Company or the Insured, unless the Insured is an
Insured for liability voluntarily assumed by the Insured in
individual person (as distinguished from an Entity). All arbitrable
settling any claim or suit without the prior written consent of
matters when the Amount of Insurance is in excess of $2,000,000
the Company.
shall be arbitrated only when agreed to by both the Company and
10. REDUCTION OF INSURANCE; REDUCTION OR
the Insured. Arbitration pursuant to this policy and under the
TERMINATION OF LIABILITY.
Rules shall be binding upon the parties. Judgment upon the
All payments under this policy, except payments made for costs,
award rendered by the Arbitrator(s) may be entered in any court
attorneys' fees and expenses, shall reduce the Amount of Insurance
of competent jurisdiction.
Form 5025548 (1 -3 -14) Page 5 of 12 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3-14)
Texas
CONDITIONS (Continued)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
16. SEVERABILITY.
CONTRACT.
In the event any provision of this policy, in whole or in part, is
(a) This policy together with all endorsements, if any, attached
held invalid or unenforceable under applicable law, the policy
to it by the Company is the entire policy and contract
shall be deemed not to include that provision or such part held
between the Insured and the Company. In interpreting any
to be invalid and all other provisions shall remain in full force
provision of this policy, this policy shall be construed as a
and effect.
whole.
17. CHOICE OF LAW; FORUM.
(b) Any claim of loss or damage that arises out of the status of
(a) Choice of Law: The Insured acknowledges the Company
the Title or by any action asserting such claim, shall be
has underwritten the risks covered by this policy and
restricted to this policy.
determined the premium charged therefor in reliance upon
(c) Any amendment of or endorsement to this policy must be in
the law affecting interests in real property and applicable to
writing and authenticated by an authorized person, or
the interpretation, rights, remedies or enforcement of
expressly incorporated by Schedule A of this policy.
policies of title insurance of the jurisdiction where the Land
(d) Each endorsement to this policy issued at any time is made
is located.
a part of this policy and is subject to all of its terms and
Therefore, the court or an arbitrator shall apply the law of
provisions. Except as the endorsement expressly states, it
the jurisdiction where the Land is located to determine the
does not (i) modify any of the terms and provisions of the
validity of claims against the Title that are adverse to the
policy, (ii) modify any prior endorsement, (iii) extend the
Insured, and in interpreting and enforcing the terms of this
Date of Policy or (iv) increase the Amount of Insurance.
policy. In neither case shall the court or arbitrator apply its
Each Commitment, endorsement or other form, or provision
conflicts of laws principles to determine the applicable law.
in the Schedules to this policy that refers to a term defined
(b) Choice of Forum: Any litigation or other proceeding brought
in Section 1 of the Conditions shall be deemed to refer to
by the Insured against the Company must be filed only in a
the term regardless of whether the term is capitalized in the
state or federal court within the United States of America or
Commitment, endorsement or other form, or Schedule.
its territories having appropriate jurisdiction.
Each Commitment, endorsement or other form, or provision
18. NOTICES, WHERE SENT.
in the Schedules that refers to the Conditions and
Any notice of claim and any other notice or statement in writing
Stipulations shall be deemed to refer to the Conditions of
required to be given to the Company under this Policy must be
this policy.
given to the Company at First American Title Insurance
Company, Attn: Claims National Intake Center, 1 First
American Way, Santa Ana, California 92707. Phone: 888-
632.1642.
S Z A M e R C
q
First American Title
Form 5025548 (1 -3 -14) Page 6 of 12 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
First American Owner Policy of Title Insurance (T -1)
ISSUED BY
First American Title Insurance Company
Schedule A POLICY NUMBER
NCS- 643242 O
Name and Address of Title Insurance Company:
First American Title Insurance Company, 1 First American Way, Santa Ana, CA 92707.
File No.: NCS- 643242 -SNANT
Date of Policy: February 7, 2014 at 1:05 P.M.
Address for Reference only: 0.45 Acre Right -Of -Way, Maske Road, Schertz, TX
Amount of Insurance: $57,670.31 Premium: $665.85
1. Name of Insured:
City of Schertz, a Texas 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 Schertz, a Texas municipal corporation
4. The land referred to in this policy is described as follows:
A 0.45 ACRE (19,391.4 SQ. FT.) RIGHT OF WAY DEDICATION SITUATED IN THE TORBIO HERRERA
LEAGUE NO. 68, ABSTRACT NO, 153 AND BEING A PORTION OF THAT CERTAIN 27.788 ACRE TRACT
CONVEYED TO PETER S AND PAMELA R. VELASCO IN A WARRANTY DEED RECORDED IN VOLUME 1895,
PAGE 227 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING: AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWESTERN LINE OF MASKE ROAD (R.O.W
VARIES) FOR THE SOUTHWESTERN CORNER OF THE SAID 27.788 ACRE TRACT, THE SOUTHEASTERN
CORNER OF THE VARIABLE WIDTH ROAD R.O.W DEDICATION TO THE CITY OF SCHERTZ AS SHOWN
ON A PLAT OF LOT 1, BLOCK 1 OF THE MASKE SOCCER FIELDS RECORDED IN VOLUME 7, PAGES 553-
556 OF THE PLAT RECORDS OF GUADALUPE COUNTY, TEXAS, FOR THE SOUTHWESTERN CORNER OF
THIS RIGHT OF WAY DEDICATION;
THENCE: N 30 032'41 "W - 20.49 FEET ALONG THE WESTERN LINE OF THE SAID 27.788 ACRE TO A 1/2
INCH IRON ROD WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" FOUND FOR THE
SOUTHEASTERN CORNER OF SAID LOT 1, BLOCK 1 OF THE MASKE SOCCER FIELDS SUBDIVISION FOR
A CORNER OF THIS RIGHT OF WAY DEDICATION;
THENCE: N 59 025'05 "E - 871.82 FEET ACROSS THE SAID 27.788 ACRE TRACT TO A 1/2 INCH IRON ROD
WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" SET ON THE EASTERN LINE OF THE SAID
27.788 ACRE TRACT THE WESTERN LINE OF THAT CERTAIN 10.38 ACRE TRACT OF LAND CONVEYED
TO THE CITY OF SHERTZ IN VOLUME 2113, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF
GUADALUPE COUNTY, TEXAS, FOR A CORNER OF THIS RIGHT OF WAY DEDICATION;
THENCE: S 30 026'55 "E - 24.00 FEET ALONG THE EASTERN LINE OF THE SAID 27.788 ACRE TRACT, THE
Form 5025548 (1 -3 -14) Page 7 of 12 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
WESTERN LINE OF THE SAID 10.38 ACRE TRACT TO A 1/2 INCH IRON ROD FOUND ON THE NORTHERN
LINE OF MASKE ROAD FOR THE SOUTHEASTERN CORNER OF THE SAID 27.788 ACRE TRACT, THE
SOUTHWESTERN CORNER OF THE SAID 10.38 ACRE TRACT, FOR A CORNER OF THIS RIGHT OF WAY
DEDICATION;
THENCE: S 59 025'05" W - 871.79 FEET ALONG THE NORTHERN LINE OF SAID MASKE ROAD, THE
SOUTHERN LINE OF THE SAID 27.788 ACRE TRACT TO THE POINT OF BEGINNING AND CONTAINING
0.45 ACRES (19,391,4 SQ.FT.) OF LAND.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any
statement in the above legal description of the area or quantity of land is not a representation that such
area or quantity is correct, but is made only for informational and /or identification purposes and does not
override Item 2 of Schedule B hereof.
Form 5025548 (1 -3 -14) Page 8 of 12 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
Countersigned at Houston, Texas
R 21 OM7
EP
Form 5025548 (1 -3 -14) Page 9 of 12 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
First American
Schedule B
File No. NCS- 643242 -SNANT
Owner Policy of Title Insurance (T -1)
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
no
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or
expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in
Schedule A and the following matters:
1. The following restrictive covenants of record itemized below:
(the Company must either insert specific recording data or delete this exception)
Item 1 of Schedule B is hereby deleted in its entirety.
2. Any diserepaneles, eenfliets, a shortages in area er boundary lines, er any enereachirnerits er pfetrusians,
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 mean low tide to the line of vegetation, or the right of
access to that area or easement along and across that area.
S. Standby fees, taxes and assessments by any taxing authority for the year 2014, 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. This item has been intentionally deleted.
b. This item has been intentionally deleted.
C. Any portion of subject property lying within the boundaries of a public or private roadway
whether dedicated or not.
Form 5025548 (1 -3 -14) Page 10 of 12 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3-14)
Texas
d. This item has been intentionally deleted.
e. This item has been intentionally deleted.
f. Easement: Terms and conditions as stipulated by that certain Right of Way Easement filed for
record in Volume 1020 Page 92 of the Official Public Records of Guadalupe County, Texas. Partial
Release filed for record in Volume 2686, Page 279, Official Public Records of Guadalupe County,
Texas.
g. Easement: Terms and Conditions as stipulated by that certain Easement filed for record in
Volume 2066 Page 270 of Guadalupe County, Texas.
h. 30 foot road easement as stipulated in the Warranty Deed filed for record in Volume 1141 Page
381 of the Official Public Records of Guadalupe County, Texas.
L Terms, conditions and stipulations contained in Agreement:
Recorded: Volume 1380 Page 783, Official Public Records, Guadalupe County, Texas.
Type: Option Agreement
j. Terms, conditions and stipulations contained in Agreement:
Recorded: Volume 1380 Page 786 of the Official Public Records of Guadalupe County, Texas.
As further assigned by Volume 2686, Page 288, Official Public Records,
Guadalupe County, Texas.
Type: Well Use and Easement Agreement
k. 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.
I. Deed Recordation Affidavit concerning Edwards Aquifer Protection Plan as set forth in instrument
recorded in Volume 1380 Page 786 of the Official Public Records of Guadalupe County, Texas.
M. Property lies within Edwards Aquifer Recharge Zone.
n. Any facts, rights, interests or claims that may exist or arise by reason of the following matters
disclosed by a Texas Society of Professional Surveyors, Category 2, Condition 2 survey made by
Ford Engineering Inc. by Rex L. Hackett, R.P.L.S. No. 5573 on November 1, 2 -13, designated Job
Number 1124.91:
Easement: A 20 -foot GVEC Electrical Easement, recorded in Volume 1141, Page 381, of the
Official Public Records of Guadalupe County, Texas.
o. Section 14 of the Conditions and Stipulations of this policy is hereby deleted.
Form 5025548 (1 -3 -14) Page 11 of 12 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
First American
Important Notice
ISSUED BY
First American Title Insurance Company
IMPORTANT NOTICE
AVISO IMPORTANTE
To obtain information or make a complaint:
Para obtener informacion o pare someter una queja:
You may call First American Title Insurance Company's
Usted puede Ilamar al numero de telefono gratis de First
toll -free telephone number for information or to make a
American Title Insurance Company's pare informacion o
complaint at
pare someter una queja al:
1- 888 - 632 -1642
1- 888 - 632 -1642
You may also write to First American Title Insurance
Usted tambien puede escribir a First American Title
Company at
Insurance Company:
1 First American Way
1 First American Way
Santa Ana, California 92707
Santa Ana, California 92707
You may contact the Texas Department of Insurance to
Puede comunicarse con el Departamento de Seguros de
obtain information on companies, coverages, rights or
Texas pare obtener informacion acerca de companies,
complaints at:
cobertures, derechos o quejas al:
1- 800 - 252 -3439
1- 800 - 252 -3439
You may write the Texas Department of Insurance:
Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104
P.O. Box 149104
Austin, TX 78714 -9104
Austin, TX 78714 -9104
Fax: (512) 475 -1771
Fax: (512) 475 -1771
Web: http : / /www.tdi.state.tx.us
Web: http : / /www.tdi.stateJx.us
E -mail: ConsumerProtection @tdi.state.tx.us
E -mail: ConsumerProtection @ tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
DISPUTES SOBRE PRIMAS O RECLAMOS:
Should you have a dispute concerning your premium or
Si tiene una dispute concerniente a su prima o a un
about a claim you should contact First American Title
reclamo, dabs comunicarse con el First American Title
Insurance Company first. If the dispute is not resolved, you
Insurance Company primero. Si no se resuelve Ia dispute,
may contact the Texas Department of Insurance.
puede entonces comunicarse con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY:
UNA ESTE AVISO A SU POLIZA:
This notice is for information only and does not become a
Este aviso as solo para proposito de informacion y no se
part or condition of the attached document.
convierte an parte o condicion del documento adjunto.
Form 50- TXNOTICE (11 -1 -09)
Page 1 of 1
Mandatory Complaint Notice (11 -1 -09)
Texas
Form 5025548 (1 -3 -14) Page 12 of 12
TX T -1 Owner's Policy of We Insurance (Rev. 1 -3 -14)
Texas
v - G- Pag@ 21 L 0022 0:3
RIGHT OF WAY DEED OF DEDICATION
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
RIGHT OF WAY DEED OF DEDICATION
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE
THAT PETER S. AND PAMELA R. VELASCO, (collectively the "Grantor "), hereby
declares its intention to make a dedication, and does hereby GRANT, BARGAIN, CONVEY,
and DEDICATE, to the CITY OF SCHERTZ, a Texas municipal corporation (the "Grantee "),
for and in consideration of the benefits which will accrue to the Grantor and to the public
generally, the real property (the "Property ") described on Exhibit A attached hereto and made a
part hereof for all purposes.
This Right of Way Deed of Dedication and the conveyance herein set forth is delivered
by the Grantor and accepted by the Grantee subject to the matters set forth in Exhibit B attached
hereto and made a part hereof for all purposes (collectively, the "Permitted Exceptions ").
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the Grantee, its successors and assigns forever;
and the Grantor does hereby bind itself, its successors and /or assigns to WARRANT and
FOREVER DEFEND all and singular the Property unto the Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof;
subject, however, to the Permitted Exceptions.
Notwithstanding anything herein to the contrary, this instrument in no way modifies or
diminishes the terms and obligations set forth in +hat certain Agreement for Dedication of Right -
of -Way dated effective as of cZ4+- 2014 between Grantor and Grantee.
[Signatures and Acknowledgements on following pages]
50713244.3 D -1
Vol 4 C . I Page q lCi
Executed to be effective as of the date of the last signature below.
GRANTOR:
Peter S. Velasco
Ala K. UW,,,t w
Pamel R. Velasco
THE STATE OF TEXAS
COUNTY OF ��(jl /ice § {
This instrument was acknowledged before me on the day of JaAU&j j 2013'
by Peter S. Velasco, an individual. J
(SEAL)
Notary Publi in 4nd for
The State 4f T xas
My Commission Expires:
50713244.3 D -2
Et
Notary Publi in 4nd for
The State 4f T xas
My Commission Expires:
50713244.3 D -2
Vol 4L Page �IaD
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the
by Pamela R. Velasco, an individual.
(SEAL)
day of , 201ik-
I
Notary SteteofTexas
K. My Commission Expires Notary ubli in and for
pllI September 02. 2016 The S ate fTexas
My Commission Expires:
[Signatures continue on next page]
50713244.3 D -3
Vol—Lb2i—paga n a
GRANTEE:
CITY OF SCHERTZ,
a Texas municipal corporation
JohnXC.kessel
City Manager, City of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE
N
This instrument was acknowledged before me on the ')A day of S34A V, , 201$
by John C. Kessel, as City Manager of the City of Schertz, Texas, a Texas municipal
corporation, on behalf of such City.
(SEAL)
VP1� pp
MEGAN CLAY
S
Notary Public, State of Texas
1 F My Commission Expires
M;;60�;;; °' October 06, 2015
AF'T'ER RECORDING RETURN TO:
First American Title National Commercial Services
Attn: Megan J. Clay, Esq. (NCS- 643242)
1826 N. Loop 1604 W., Ste. 125
San Antonio, Texas 78248
Not P blic ' t anj for
The State of Y4xds
My Commission Expires: 10 - "9 —\S
507132443 D -4
EXHIBIT A
Legal Description of Property
?'dgm7 oft
PfaJeet2Naaw, Make, Rd. Wctcr k
Lll AI(Y1itYlfltli{:Ntl' ;
0.46 A.t:7tl�t (]0�89.b>,q:Itj
Utl1'ty lfaisameat
0A6 Acro (20, 169:6 sg. fL) UlOfty ilasameat 93to W bf dib `Porbio Haiyml.ea8ao No.
, Ahwftt Na.153 sad bafn8 a potdan of Tmd 2-- 25A00 was aonveyad to '?Y
mu in a Msdlutc Tauatea's Feed Rw*t&d in Wium 4080, Pngo.74 of tho Official
hlio Recorfis of Owtdahrpo County, Tons Ott more paMculatly des OM to
DEGiNNING1 at u va W4 irou rod found a the outback tiny of iNaska R90 sad -K
1518 for the Northwestoni comer of said 'f act 2, the same b9ag oamer of tills utithy
'I711'fNM. N 5.06'W' H — 38.5' &d algng the $ouUW.0 Ilea ofh!Isake Reed to a iy
iitali iron and with yollow pleafla eap masked "Ford Bng W'of' 4br n corner of fide
em mepty
15611 fact aomas Wd, 71 M.2 a A kohlmo mdu4thyoltow
Inc" wt for agomt.c ofthtarasmigat,
:NC$: a 01053'(16" B - 72,13 feot coaNmdug aorm tho said 7Yut 2 to it % -inch
and withyallowplaatie osp murked "Ford ft M04 setfliro cYUn pf fidadasatoeaq
a $ 63 "44'96" L� — .371,38 fact coatuaidag aaruaq tfio sskf'Iiact 2 to n'y Inr9
4 yoltaw ptaatio csp awked "Hord &S W, sat for a cMmibe WS oaeemnrt
a Coatluuing wrou tho said `llaat 2, a Curio to flee loft h0bg a- 1?olld an*
V', a Radlns of 2758,Sit fret, ankolaagth of 360,74 feet gad n S2tardba<tii>g
e49" H -36946 feet ton Yx itichiroatodwHhyallary ptaslio cap ifkgd na"Fad
sm on the' Northwestmn'tuc ofItot I, WO* 2 of Ste win Ay M luiya
a as shawo on a pkreaordad in VOlim S, Pago 5OA of the PPM Rmwrd.o'
(County, Torras,@ aSmwwmweofsnitlTraat2 ,li;r40ro4*rOtt%aa uegB
t 5 59 "27`12" W -29.74 font along thoNorthem line of Wd .wh* kieadogs
$C 2, tho Sou#wm floc of said 7)aat 2 in s'! inahlionxod =10A)
d "Ford wit' ie, oet ua tine Nalgu bt td line of Of, 1518 (80.„
fn cornar.uf 0 odd h*t 2' lho .hotlhwrstem wmor of said *WY M""
:k 7, fbt a ru mer uftWseaaetireilt.
50713230.3 D -4
V(l Pag® 5
POO260
Atougt! oNo$ "emUopf add VA LJ$18,Ow8S011"tpialp afWd
1518, a cow of sod Twit 1, for a
TI1OC1l:sN 6304440'W-40174 feetcotu(uWq oltltig the Nosumm ILto otwd
R.M. ISIS, dm Southwwm titre of Wd Tmat 2 to a%
ltirfiiratt tOd triiutd foY a cOtt
of tha said FA l S18, u coma of thls easessiant;
THENCEt N 4! °53'4G' W - -74.68 fed coutuwiug along o lido afeoid P Ni,151f; t< ilao
to the .Wit Tw 2 to tho VOI NT 00 BEGINIV O atd ooeWrAng 0A6 cosies (24,160
sq. ft.) of land; nwordinj to aaurseey pads cw ilia Around wtdsrwAi pmtstosy
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�a PagBrl� EXHIBIT `B"
PERMITTED EXCEPTIONS
1) Any portion of subject property lying within the boundaries of a public or private roadway,
whether dedicated or not.
2) All encumbrances, violations, variations, or adverse circumstances affecting Title that would
be disclosed by an accurate and complete land survey of the land, including, without
limitation, all visible and apparent easements or uses and all underground easements or uses,
the existence of which may arise by unrecorded grant or by use. (May be amended or deleted
upon approval of survey.)
3) Easement: Terms and conditions as stipulated by that certain Right of Way Easement filed for
record in Volume 1020 Page 92 of Guadaluppe County, Texas. Partial Release filed for record in
Volume 2686, Page 279, Deed Records of Guadalupe County, Texas.
4) Easement: Terms and Conditions as stipulated by that certain Easement filed for record in
Volume 2066 Page 270 of Guadalupe County, Texas.
5) Easement: 30 foot road easement as stipulated in Warranty Deed filed for record in Volume
1141 Page 381 of Guadalupe County, Texas.
6) Terms, conditions and stipulations contained in Agreement: Recorded: Volume 1380 Page 783,
Official Public Records, Guadalupe County, Texas. Type: Option Agreement.
7) Terms, conditions and stipulations contained in Agreement: Recorded: Volume 1380 Page 786
of the Official Public records of Guadalupe County, Texas. As further assigned by Volume
2686, Page 288, Official Public Records, Guadalupe County, Texas. Type: Well use and
Easement Agreement
8) 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.
9) Deed Recordation Affidavit concerning Edwards Aquifer Protection Plan as set forth in
instrument
recorded in Volume 1380 Page 786 of Guadalupe County,
Texas.
10) Property lies within Edwards Aquifer Recharge Zone.
FILED FOR RECORD
14 FEB -7 PM l0 05
TERESA KIEL
COUNTY CLERK GUADALUPE COUNTY
O
STATE OF TEXAS
COUNTY OF GUADAIU a,
GeNty this instru a atwec f ,h Otuontwd In
date and at the lime stamped
,as duty recorded u theOOlM1ryaT%
Records of Guadalupe
4,Nty cp�R p
TERES County �' Ouedelupo County
AGREEMENT FOR DEDICATION OF RIGHT -OF -WAY
This Agreement for Dedication of Right -of -Way ( "Agreement ") between PETER S.
VELASCO AND PAMELA R. VELASCO, (collectively referred to as "Grantor ") and the CITY
OF SCHERTZ, TEXAS, a Texas municipal corporation ( "Grantee ", and collectively with
Grantor, the "Parties "), is entered into to be effective upon the last date of execution of this
Agreement by the Parties (the "Effective Date ").
NOW THEREFORE, in consideration for the conveyance of the Property (as hereinafter
defined) by Grantor to Grantee, as well as in consideration of the other mutual promises,
covenants, and agreements set forth herein, Grantee and Grantor agree to the following:
I. Grantor shall dedicate and convey fee simple title to the Property (as defined
below) to Grantee by a Right of Way Deed of Dedication, which deed is attached hereto as
Exhibit D. The "Property" is described as:
Being a 0.45 acre tract situated in the Torbio Herrera League No. 68, Abstract
No. 153 and being a portion of the that certain 27,788 acre tract conveyed to
Peter S. and Pamela R. Velasco in a Warranty Deed recorded in Volume 1895,
Page 227 of the Official Property Records of Guadalupe County, Texas, , and
being more particularly described on Exhibit A attached hereto and made a part
hereof for all purposes.
2. Grantee shall erect, or cause to be erected, a four - strand barbed wire fence with a
twelve foot galvanized steel ranch gate to be located as shown on Exhibit B attached hereto and
made a part hereof for all purposes.
3. Grantee shall construct and install two (2) fire hydrants and two (2) 12 inch stub -
outs for future potable water service to Grantor's remainder tract to be located as shown on
Exhibit C attached hereto and made a part hereof for all purposes.
4. Per the Maske Road Waterline Project (the "Project ") Construction Plans on file
in Grantee's offices, there will be at least a six (6) foot separation between the water line that is
installed as a part of the Project and any utility poles that are currently installed on the Property.
5. Grantor and Grantee agree that the closing of the conveyance of the Property (the
"Closing") shall be performed at the offices of First American Title National Commercial
Services at 1826 N. Loop 1604 W., Suite 125, San Antonio, Texas 78248, with Megan J. Clay
serving as escrow officer. The Parties further agree that the costs of Closing and title insurance
shall be paid exclusively by Grantee.
6. The Parties understand that this Agreement, and the conveyance of the Property
required by Grantor to Grantee herein, shall be subject to and contingent upon approval of this
Agreement and acceptance of the conveyance of the Property by the action of the City Council of
the City of Schertz, Texas.
7. The Closing shall occur within ten (10) business days following said approval by
the City Council of the City of Schertz, Texas.
50713244.3 - I -
8. This Agreement embodies the entire understanding of the Parties; there are no
further or other agreements or understandings, written or oral, in effect between the Parties. The
drafting, execution, and delivery of this Agreement by the parties have been induced by no
representations, statements, warranties, or agreements other than those expressed in this
Agreement, and except as expressly provided to the contrary, the provisions of this Agreement
are for the benefit of the Parties solely and not for the benefit of any other person(s) or entities.
9. A waiver, alteration, or modification of any of the provisions of this Agreement will
not be binding unless in writing and signed by authorized representatives of the Parties to this
Agreement.
10. A determination by a court of law with competent jurisdiction that a section or any
part of a section of this Agreement is void, invalid, or unenforceable for any reason, shall not
render void, invalid, or unenforceable any other section or any pant of any other section of this
Agreement.
11. Except to the extent governed by United States law that preempts state law, this
Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
12. This Agreement may be executed in any number of counterparts with the same effect
as if all signatory parties had signed the same document. All counterparts shall be construed
together and shall constitute one and the same Agreement.
13. All notices, requests, demands, or other communications affecting the terms of
this Agreement shall be in writing, and shall be deemed to have been duly given if delivered in
person, by facsimile or within five (5) days after deposited in the United States mail, postage
prepaid, certified, with return receipt requested. Notice shall be addressed to the Parties as
follows:
GRANTEE: City of Schertz, Texas
1400 Schertz Parkway
Schertz, TX 78154
Attention: City Manager
(210) 619 -1000
Facsimile No. (210) 619 -1050
GRANTOR: Pt2S and 4Pa, 1j1LL1W`N. Vero
Sae& ^...404%100 Tx 46 se
Phone: -, ) 3Ct3 - & 5 roS
Facsimile No4to) 40 -(Rco
[Remainder of page intentionally left blank.]
50713244.3 - 2 -
Exccuted to be effective as of the Effective Date.
AGREED:
GRANTOR:
PeS. Velasco
()kj K LO
PameiVR. Velasco
GRANTEE:
CITY OF SCHERTZ,
a Texas Municipal Corporation
By:
Jo Kessel, City Manager
50713244.3 - 3 -
1'V cw, q
Gf,( MoJT W
INEEKING, INC.
Date: November 05, 2013 Page 1 of 2
Project No: 1124.91 Project Name: Maske Rd. Waterline
FIELD NOTES DESCRIPTION
0.45 ACRES (19,391.4, sq. ft.)
Right Of Way Dedication
A 0.45 Acre (19,391.4 sq. ft.) Right of Way Dedication situated in the Torbio Herrera
League No. 68, Abstract No. 153 and being a portion of that certain 27.788 acre tract
conveyed to Peter S and Pamela R. Velasco in a Warranty Deed Recorded in Volume
1895, Page 227 of the Official Public Records of Guadalupe County, Texas; being more
particularly described as follows:
BEGINNING: at a %1 inch iron rod found on the Northwestern line of Maske Road
(R.O.W. Varies) for the Southwestern corner of the said 27.788 acre tract, the
Southeastern corner of the Variable width Road R.O.W. Dedication to the City of Schertz
as shown on a plat of Lot 1, Block 1 of the Maske Soccer Fields Recorded in Volume 7,
Pages 553 -556 of the plat records of Guadalupe County, Texas, for the Southwestern
corner of this right of way dedication;
THENCE: N 30 °32'41" W — 20.49 feet along the Western line of the said 27.788 acre
tract to a %s inch iron rod with yellow plastic cap marked "Ford Eng Ine" found for the
Southeastern comer of said Lot 1, Block 1 of the Maske Soccer Fields Subdivision for a
comer of this right of way dedication;
THENCE: N 59 °25'05" E — 871.82 feet across the said 27.788 acre tract to a % inch
iron rod with yellow plastic cap marked "Ford Eng Inc" set on the Eastern line of the said
27.788 acre tract the Western line of that certain 10.38 acre tract of land conveyed to the
City of Schertz in Volume 2113, Page 243 of the Official Public Records of Guadalupe
County, Texas, for a comer of this right of way dedication;
THENCE: S 30 °26'55" E — 24.00 feet along the Eastern line of the 'aid 27.788 acre
tract, the Western line of the said 10.38 acre tract to a % inch iron rod found on the
Northern line of Maske Road for the Southeastern comer of the said 27.788 acre tract, the
Southwestern comer of the said 10,38 acre tract, for a comer of this right of way
dedication;
THENCE: S 59 °25'05" W — 871.79 feet along the Northern line of said Maske Road,
the Southern line of the said 27.788 acre tract to the POINT OF BEGINNING and
containing 0.45 acres (19,391.4 sq. ft.) of land, according to a survey made on the ground
under my supervision;
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX! 590 -4940
1- 800 - 332 -3109 Web Site: W W W.fordenglneering.com TBPE No. F -1162
FORD ENGINEERING, IN(
Page 2 of 2
Corresponding plat prepared.
112491_Velasco ROW.docx
BEARINGS ARE BASED ONLAMBERT GRID, TEXAS STATEPLANE
COORDINATES, SOUTH CENTRAL ZONENAD 83193,
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1- 000 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162
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RIGHT OF WAY
FORD ENGINEERING INC.
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CITY OF SCHERTZ
PROJECT NO 1124.91
ENGINEERING SURVEYING PLANNING
+OeY]NNE oNlve. SUITE 1oa. sAN ANroNlo. ]ExAS ]sx+]
PHONE (110)590.4777
MASKE ROAD WATERLINE PROJECT
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