Deeds - 2/22/2012 - General Warranty Deed CoH Thomas L. Akin and Charlotte Ann HuttoReturn to:
WALKER COUNTY TITLE COMPANY
1109 UNIVERSITY AVENUE
HUNTSVILLE, TEXAS 77340
GF# cQ 3'2- oa- /sZ2
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000013 52 OR 1012 785
GENERAL WARRANTY DEED
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.
THE STATE OF TEXAS §
COUNTY OF WALKER §
KNOW ALL MEN BY THESE PRESENTS:
That I, THOMAS L. AKIN, acting by and through my agent and attorney in fact,
CHARLOTTE ANN HUTTO, whose mailing address is 13987 Bazell Lane, Willis,
Montgomery County, Texas 77318 (hereinafter called "Grantor "), in consideration of the sum of
Ten & No /100 Dollars ($10.00) and other good and valuable consideration in hand paid by
CITY OF HUNTSVILLE, A Texas Home -Rule Municipal Corporation, whose mailing
address is 1212 Avenue M, Huntsville, Walker County, Texas 77340 (hereinafter called
"Grantee "), the receipt of which is hereby acknowledged, and for which no lien, express or
implied, is retained or shall exist, have GRANTED, SOLD and CONVEYED, and by these
presents do GRANT, SELL and CONVEY unto the Grantee, all that certain property situated in
Walker County, Texas, and described as follows:
Being a 0.2694 of an acre (11,736 square feet) tract of land located in the
PLEASANT GRAY LEAGUE, A- 24, Walker County, Texas and being all of Lot
2, Block 1 of the Birmingham Addition No. 2, an unrecorded subdivision,
conveyed to Thomas L. Akin by deed and recorded in Volume 202, Page 559, of
the Official Public Records of Walker County, Texas; said 0.2694 of an acre of
land being more particularly described by metes and bounds on Exhibit "A"
attached hereto and made a part hereof.
together with all buildings, structures or other improvements located thereon or affixed thereto
(the "Improvements "), and all of Grantor's right, title and interest in and to all easements,
tenements, hereditaments, privileges and appurtenances in any way belonging to the land above
described (the "Land ") or Improvements, including, without limitation, (i) any land to the
midpoint of the bed of any highway, street, road or avenue, open or proposed, in front of,
abutting or adjoining the Land, (ii) any land lying in or under the bed of any creek, stream, bayou
or river running through, abutting or adjacent to the Land, (iii) any riparian, appropriative, or
other rights of Grantor appurtenant to the Land and relating to surface or subsurface waters, (iv)
any strips, gores or pieces of property abutting, bounding or which are adjacent or contiguous to
the Land, and (v) all easements, rights -of -way, rights of ingress or egress and reversionary
interests benefiting the Land.
This conveyance is made and accepted subject to (i) any and all restrictions, reservations,
covenants, conditions, ordinances, easements, maintenance charges and the liens securing said
charges, all mineral leases and outstanding mineral and royalty interests and all other matters, if
any, affecting the property, premises or improvements conveyed herein and now of record in the
Office of the County Clerk of said County, to the extent, but only to the extent, the same are now
in force and effect and relate to said property, premises or improvements, (ii) all taxes,
assessments for the year 2012 and all subsequent years and subsequent assessments for prior
years due to change in land usage or ownership, which Grantee hereby assumes and agrees to
pay, (iii) any and all laws, ordinances and governmental regulations now applicable to and
enforceable against said property, premises or improvements, and (iv) all visible or apparent
easements, encroachments and overlapping of improvements, if any.
With respect to the physical condition of the property covered hereby and included in this
conveyance, it is conveyed by Grantor and accepted by Grantee in its present condition.
J: \Legal \Deed \Akin -city of Huntsville \CashDeed.doc
Bk V01 F`is
1=00001352 OR 1012 786
TO HAVE AND TO HOLD the said premises, together with all and singular the rights,
hereditaments and appurtenances there unto belonging unto the Grantee, its successors and
assigns, forever, subject to the exceptions, easements, reservations, conveyances, conditions and
limitations, if any, above set forth; and Grantor does hereby bind himself, his heirs and assigns to
WARRANT and FOREVER DEFEND all and singular the said premises unto the Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof, subject to the exceptions, easements, conveyances, reservations, conditions
and limitations, if any, above set forth.
EXECUTED this 22nd day of February, 2012.
THOMAS L. AKIN
By:
THE STATE OF TEXAS §
COUNTY OF WALKER §
CHARLOTTE ANN HUTTO,
Agent and Attorney in Fact
This instrument was acknowledged before me on the day of February, 2012, by
CHARLOTTE ANN HUTTO, Agent and Attorney in Fact for THOMAS L. AKIN.
JUDY ANN THORNTON
MY COMMISSION EXPIRES
August 14, 2014
S: \Legal \Deed \Akin -City of Huntsville \CashDeed.doo
2
NARY BLIC in and for
T State o Texas.
Bk Vol F's
001301352 OR 1012 787
METES AND BOUNDS DESCRIPTION of
Lot 2 of Birmingham Addition No. 2, Huntsville, Texas
Being a 0.2694 of an acre (11,736 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker"County, Texas.and being all of Lot 2, Block 1 of the Birmingham Addition
No. 2, an unrecorded subdivision, conveyed to Thomas L Akin by deed and recorded in Volume
202, Page 559 of the Official Public Records of Walker County, Texas (O.P.R.W.C.T.); said
0,2694 of an acre eland being more particularly described by metesand bounds as follows:
BEGINNING at a found 5/8 -inch iron rod in the existing northerly right of way line of
Thomason Street (40' R.OW.) as shown on said Birmingham Addition No. 2, being the
southeasterly corner of Lot 1, Block I of said Birmingham Addition No. 2, same being the
southwesterly corner of said Lot 2;
THENCE, North 14°47'17" East, a distance, of 150.58. feet (Called 150.00 feet), along, the
common line of said Lot 1 and said Lot 2 to a found 3/4 -inch iron pipe for the.common comers of
said Lots 1 and 2 and Lots 10 and 11, Block 1 of said Birmingham Addition No. 2, 'from which a
found 1/2 -inch iron pipe bears. North 24°12' East, 0.27 feet;
THENCE, South 74 °18'02" East, a distance of 78.00 feet, along the common line of said Lots
2 and 10 to a set 5 /8-inch iron rod with "GS" cap for the common comers of said Lots 2 and 10
and Lots 3 and 9, .Block 1 of said Birmingham Addition No. 2, from which a found pine knot
bears South 19 °33' East, 0.56 feet;
THENCE, South 14 °48'59" West, a distance of 150.52 feet (Called 1.50.00 feet), along the
common lines of said Lots 2 and 3 to a set 5/8 -inch iron rod with "GS" cap in the existing
northerly right of way line of Thomason Street, being the southwesterly corner of said Lot 3,
same being the southeasterly corner of said Lot 2, from which the intersection of the existing
northerly right of way line of Thomason Street and the existing westerly right of way line of
Wood Street (50' R.O.W.), as shown on said Birmingham Addition No. 2, bears South 74°20'46"
East a distance of 233.77 feet (Called 234.00 feet);
THENCE, North 74 °20'46" Nest, a distance of 77.93 feet (Called 78.00 feet), along the
existing northerly right of way line of Thomason Street, being the southerly line of said Lot 2 to
the Point of Beginning and containing 0.2694 of an acre of land..
Horizontal Control is based on holding City of Huntsville Monuments No. 6337 (grid
coordinate of North = 10,262,250.67 & East= 3,798,791.79) and 7040 (grid coordinate of
North = 10,262,067.33 & East= 3,799,457.52). Bearings shown are related to the Texas
Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field
Horizontal" units and may be converted to "GRID" units by multiplying by a combined
scale factor of 0.99988.
Plat of even date accompanies. this description.
Prepared by:
GeoSolulions, LLC
25814 Budde Road
Spring, Texas
Tel. 281-681-9766
Job No. 12-249-07
EXHIBIT « ?'
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SURVEYOR'S CERT1RCATE
hereby certify to The. City of Huntsville that this survey was
mode on the ground and completed on February 18, 2012
that this drawing correctly represents the fattS found 'tit the
time of survey and that this prefessionol service
substantially conforms to the current Texas -Society of
Professional Surveyors Standards and Specifications for a
Cotegory 18, Condition II Survey.
Mary ruszca
R.P.L.S. No. 968
NOTES:
1. This survey was perforrrred without the .benefit of o Title
Commitment.
2. Horizontal Control is based an holding City of Huntsville Monuments
No. 6.337 (grid coordinate of North = 10,262,250.67 & East=
3.798.791.79) <Ind 7040 (grid coordinate of North = 10,262,067.33 dc
East= 3,799.457.52). Bearings shown ore related to the Texas.
Coordinate System of 1983, Central Zorie. DistanceS shown are US
Survey Feet in Tied Horizontal" units ond may be conVerted to
"GRID" units by multiplying by a combined scale factor of 0,99988.
3. Square footoge totals Shovm hereon are based on rnothematiccil
closures and do not necessarily represent the positional accuracy of
the boundary moriumentatian.
4. Distances in parenthesis are called distances based on the
Birrninghorn Adaition No. 2, an unrecorded subdivislom
5. A description of even dote accompanies this plot.
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0.20.
LOT 2 OF BIRMINGHAM
ADDITION NO. 2 OF THE
PLEASANT GRAY LEAGUE, A-24
IN WALKER COUNTY, TEXAS
Solutions,LLC
25814 Budde Rood
Spring. Texas 77380
Ph one; 281-581-9756 Fax: 281-681-9779
DrePoinq By
Dote: 02/20/12
CtroON.11 by! MC
Fs,: N/A
Phrojeet No.
12-249-007
da•
Dra.Ang Horne
122490,0TDWG'
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7"1=30'
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N/A
WALKER COUNTY TITLE COMPANY
HOLD FOR PICKUP
HUNTSVILLE TX 77340
•
Bk Vo l
00001352 OR 101
Filed for Record in:
Walker County
On: Feb 23,2012 at 03:06P
As a
Recordings
Document Number: 00001352
Amount: 28.00
Receipt Number - 58573
89,
Harold Wilmore
789
STATE OF TEXAS COUNTY OF WALKER
I hereby certify that this instrument was
filed on the date and time stamped hereon by me
and was duly recorded in the volume and page
of the named records of:
Walker County
as stamped hereon by me.
Feb 23,2012
Kari A. French, County Clerk
Walker County
WALKER COUNTY TITLE COMPANY
Established 1898
1109 UNIVERSITY AVENUE
HUNTSVILLE, TEXAS 77340
LLOYD C. MARTIN
PRESIDENT
JOE B. HENDERSON, JR.
EXECUTIVE VICE PRESIDENT
City of Huntsville
1212 Avenue M
Huntsville, Texas 77340
March 21, 2012
Re: GF# 201202150, Thomas L. Akin to
City of Huntsville; Lot 2, Block 1, Birmingham, Section 2
Gentlemen:
HURLENE SAVAGE
VICE PRESIDENT
GENERAL MANAGER
TELEPHONE 936/295 -8173
FAX 936/295 -0371
In connection with the transaction we recently handled for you, we are pleased to enclose your
Owner's Title Policy together with the original recorded Warranty Deed.
A special file has been set up on your property; therefore, we are in a position to render you
excellent service in future transactions. While the issuance of any future policies will depend upon
a current examination and the status of title at that time, in the event you desire to sell or mortgage
your property, please contact us promptly and we will expeditiously process your application.
If taxes for the current year were not paid at the time your transaction closed, you should pay them
at the end of the year. Also, you should render the property in your name at the Central Appraisal
District Office.
Assuring you of our appreciation of this business and looking forward to serving you again.
Cordially,
WALKER COUNTY TITLE COMPANY
Judy Thornton
Escrow Officer
Enc.
Serving San Jacinto County Since 1972
File No.201202150
Policy No. 918 -15385
Premium:
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE -TO -FOUR FAMILY RESIDENCES
Issued by
Title Resources Guaranty Company
OWNER'S INFORMATION SHEET
Your Title Insurance Policy is a legal contract between you and
TITLE RESOURCES GUARANTY COMPANY. This policy is
not an opinion or report of your title. It is a contract of
indemnity, meaning a promise to pay you or to take other
action if you have a loss resulting from a covered title risk.
It applies only to an improved one -to -four family residential
property or condominium unit. If your land is not either of
these, contact us immediately.
Su Pbliza de Seguro de Titulo es un contrato legal entre usted
y Title Resources Guaranty Company. Esta poliza no es una
opinion o reporte en relacion a su titulo de propiedad. Es un
contrato de indemnificasion, esto es, la promesa de
reembolsarle o de tomar cualquier otro tipo de accion si usted
sufre una perdida como resultado de cualquier riesgo cubierto
por la poliza.
Esta forma de poliza ha sido designada para ser utilizada
exclusivamente en los casos de propiedades en las cuales
hay construidas viviendas para no mfis de cuatro families o
unidades en condominios. Si su propiedad no es ninguna de
las anteriores, por favor, notifiquenos immediatamente.
We insure you against certain risks to your land title. We list these risks on page 2. The following limit your coverage:
- Exclusions on page 3
- Exceptions on Schedule B
- Conditions on pages 3 and 4
You should keep the Policy even if you transfer the title to your land.
If you want to make a claim, see Section 3 under Conditions on page 3.
You do not owe any more premiums for this Policy.
This sheet is not your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains in
detail your rights and obligations and our rights and obligations. The Policy - and not this sheet - is the legal document. YOU
SHOULD READ THE POLICY VERY CAREFULLY.
THE TOLL -FREE NUMBER OF TITLE RESOURCES GUARANTY COMPANY IS 1- 800 - 526 -8018.
YOU MAY CALL THIS NUMBER TO DISCUSS THIS POLICY OR TO MAKE A COMPLAINT. YOU MAY WRITE TO TITLE
RESOURCES GUARANTY COMPANY AT THE ADDRESS IN SECTION 3 UNDER CONDITIONS ON PAGE 3.
TABLE OF CONTENTS
OWNER'S COVERAGE STATEMENT 2
COVERED TITLE RISKS 2
OUR DUTY TO DEFEND AGAINST COURT CASES 2
SCHEDULE A 5
POLICY NUMBER, DATE AND AMOUNT 5
1. Name of Insured 5
2. Interest in Land Covered 5
3. Description of the Land 5
SCHEDULE B - EXCEPTIONS 6
EXCLUSIONS 3
CONDITIONS 3
1. Definitions 3
2. Continuation of Coverage 3
3. Your Duties if You Make a Claim 3
4. Our Choices When you Notify Us of a Claim 4
5. Handling a Claim or Court Case 4
6. Limitation of Our Liability 4
7. Transfer of Your Rights 4
8. Arbitration 4
9. Entire Contract Provision 4
10. Complaint Notice 4
FORM T -1 R: Residential Owner Policy of Title Insurance
- 1 - Effective 1/1/1993
OWNER'S COVERAGE STATEMENT
This Policy insures your title to the land described in Schedule A -- if that land is a one -to -four family residential property or
condominium unit.
Your insurance, as described in this Coverage Statement, is effective on the Policy Date shown in Schedule A.
This document is title insurance. It is not an opinion or report of your title. It is a contract of indemnity, meaning a promise to pay
you or take other action if you have a loss resulting from a covered title risk.
Your insurance under this contract is limited by the following:
- Exclusions on page 3
- Exceptions in Schedule B, page 6
- Conditions on pages 3 and 4
We insure you against actual loss resulting from:
- Any title risks covered by this Policy - up to the Policy Amount, and
- Any costs, attorneys' fees and expenses we have to pay under this Policy. We must approve the attorney before the
attorney begins to work. You have the right to disapprove our choice of attorney for reasonable cause.
COVERED TITLE RISKS
This Policy covers the following title risks subject to the Exceptions (p. 6) and Exclusions (p.3 and 4), if they affect your title to the
land on the Policy Date. We do not promise that there are no covered risks. We do insure you if there are covered title risks.
1. Someone else owns an interest in your title.
2. A document is invalid because of improper signature, acknowledgment, delivery, or recording.
3. A document is invalid because of forgery, fraud, duress, incompetency, incapacity or impersonation.
4. Restrictive covenants apply to your title.
5. There is a lien on your title because of:
- a mortgage or deed of trust,
- a judgment, tax, or special assessment, or
- a charge by a homeowner's or condominium association.
6. There are liens on your title for labor and material which have their inception before the policy date. However, we will
not cover liens for labor and material that you agreed to pay for.
7. Others have rights in your title arising out of leases, contracts or options.
8. Someone else has an easement on your land.
9. You do not have good and indefeasible title.
10. There are other defects in your title.
11. There are other liens or encumbrances on your title.
This Policy also covers the following title risk:
You do not have any legal right of access to and from the land.
OUR DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in the part or parts of a court case involving a Title Risk covered by this Policy. We will pay the costs,
attorneys' fees, and expenses that we incur in that defense. We will not pay for the parts of a case not involving a covered title
risk. You may disapprove our choice of attorney for reasonable cause.
We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions, see page 4.
This Policy is not complete without Schedules A and B.
IN WITNESS WHEREOF, TITLE RESOURCES GUARANTY COMPANY has caused this policy to be executed by its President
under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set
forth in Schedule A.
GUAM
An Authorized Sianature
Walker County Title Company
1109 University Ave.
Huntsville, pc 77340
Phone: (936) 295 -8173
Fax: (936) 295 -0371
Agent for
FORM T -1 R: Residential Owner Policy of Title Insurance
Title Resources Guaranty Company
By: M
Vice President/Asst. Secretary
411(A.x,
Secretary
- 2 - Effective 1/1/1993
File No.: 201202150
Policy No.: 918 15385
T -1R Form Prescribed by Texas Department of Insurance (Revised 02/1/10
Title Resources Guaranty Company
TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
ONE -TO FOUR FAMILY RESIDENCES
Policy Number: 918 15385
Policy Date: February 23, 2012
Policy Amount: $5,000.00
Premium: $229.00
1. Name of Insured:
City of Huntsville
SCHEDULE A
File Number: 201202150
2. We insure your interest in the land covered by this Policy is:
Fee Simple
3. Legal Description of land:
BEING 0.2694 of an acre of land, more or less, located in the PLEASANT GRAY LEAGUE, A -24, Walker County, Texas and
being all of LOT TWO (2), BLOCK ONE (1), BIRMINGHAM ADDITION NO.2, an unrecorded subdivision in Walker
County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part
hereof.
NOTE: The Company is prohibited from Insuring the area or quantity of 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.
Title Resources Guaranty Company
File No.: 201202150
Policy No.: 918 15385
T -1R Form Prescribed by Texas Department of Insurance (Revised 02/1/10
Title Resources Guaranty Company
TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
ONE -TO -FOUR FAMILY RESIDENCES
SCHEDULE B
EXCEPTIONS
We do not cover loss, costs, attorney's fees and expenses resulting from:
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.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping
of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or 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.
5. Standby fees, taxes and assessments by any taxing authority for the year 2012 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. 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 interests that are not listed.
b. Easement dated July 17, 1957 from Allen Birmingham, et at to the City of Huntsville, recorded in Volume 225, Page 491
of the Deed Records, Walker County, Texas.
c. Sanitary sewer main crossing subject property and other visible and apparent easements on or across subject property.
d. Overhead electric lines and all other matters as set out on plat dated February 21, 2012, prepared by Mary E. Chruszcak,
R.P.L.S. NO. 4968.
Title Resources Guaranty Company
File No.: 201202150
Policy No.: 918 15385
T -1R Form Prescribed by Texas Department of Insurance (Revised 02/1/10
e. Any easements that may affect the property, such as roadways, sewer, telephone, water and/or electrical lines.
f. Rights of Parties in Possession.
WALKER COUNTY TITLE COMPANY
BY:
Au i or zed Countersignahfre
Title Resources Guaranty Company
METES AND BOUNDS DESCRIPTION of
Lot 2 of Birmingham Addition No. 2, Huntsville, Texas
Being a 0.2694 of an acre (11,736 square feet) tract of land located in the Pleasant Gray League,
Abstract 24, Walker County, Texas and being all of Lot 2, Block I of the Birmingham Addition
No. 2, an unrecorded subdivision, conveyed to Thomas L. Akin by deed and recorded in Volume
202, Page 559 of the Official Public Records of Walker County, Texas (O.P.R.W.C. T.); said
0.2694 of an acre of land being more particularly described by metes and bounds as follows:
BEGINNING at a found 5/8 -inch iron rod in the existing northerly right of way line of
Thomason Street (40' R.OW.) as shown on said Birmingham Addition No. 2, being the
southeasterly corner of Lot 1, Block I of said Birmingham Addition No. 2, same being the
southwesterly corner of said Lot 2;
THENCE, Nortlt 14 °47'17" East, a distance of 150.58 feet (Called 150.00 feet), along the
common line of said Lot 1 and said Lot 2 to a found 3/4 -inch iron pipe for the common corners of
said Lots l and 2 and Lots 10 and 11, Block 1 of said Birmingham Addition No. 2, from which a
found I/2 -inch iron pipe bears North 24 °12' East, 0.27 feet;
THENCE, South 74 °18'02" East, a distance of 78.00 feet, along the common line of said Lots
2 and 10 to a set 5/8 -inch iron rod with "GS" cap for the common comers of said Lots 2 and 10
and Lots 3 and 9, Block 1 of said Birmingham Addition No. 2, from which a found pine knot
bears South 19 °33' East, 0.56 feet;
THENCE, South 14 °48'59" West, a distance of 150.52 feet (Called 150.00 feet), along the
common lines of said Lots 2 and 3 to a set 5/8 -inch iron rod with "GS" cap in the existing
northerly right of way line of Thomason Street, being the southwesterly corner of said Lot 3,
same being the southeasterly corner of said Lot 2, from which the intersection of the existing
northerly right of way line of Thomason Street and the existing westerly right of way line of
Wood Street (50' R.O.W.), as shown on said Birmingham Addition No. 2, bears South 74 °20'46"
East a distance of 233.77 feet (Called 234.00 feet);
'THENCE, Nortlt 74 °20'46" West, a distance of 77.93 feet (Called 78.00 feet), along the
existing northerly right of way line of Thomason Street, being the southerly line of said Lot 2 to
the Point of Beginning and containing 0.2694 of an acre of land.
Horizontal Control is based on holding City of Huntsville Monuments No. 6337 (grid
coordinate of North = 10,262,250.67 & East= 3,798,791.79) and 7040 (grid coordinate of
North = 10,262,067.33 & East= 3,799,457.52). Bearings shown are related to the Texas
Coordinate System of 1983, Central Zone. Distances shown are US Survey Feet in "Field
Horizontal" units and may be converted to "GRID" units by multiplying by a combined
scale factor of 0.99988.
Plat of even date accompanies this description.
Prepared by:
GeoSolutions, LLC
25814 Buckle (toad
Spring, Texas
Tel. 281 -681 -9766
.lob No. 12- 249 -07
EXHIBIT
PAGE L OF
It
LEGEN •
41
•SANMH
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O
WATER WELL
SANITARY MANHOLE
TELEPHONE PEDESTAL
POWER POLE
MAILBOX
AS NOTED ON MAP
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0.P.R.W.C.T.
POWER LINES
FENCE
EDGE OF ASPHALT
OFFICIAL PUBLIC RECORDS
WALKER COUNTY. TEXAS
0 SET 5/8" IRON ROD W / "CS" CAP
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f "
SURVEYOR'S CERTIFICATE
I hereby certify to The City of Huntsville that this survey was
mode on the ground and completed on February 18, 2012
that this drawing correctly represents the facts found at the
time of survey and thot this professional service
substantially conforms to the current Texas Society of
Professional Surveyors Standards and Specifications for a
Category 1B, Condition 11 Survey.
Mary Qflruszcz
R.P.L.S. No. •�
NOTES:
1. This survey was performed without the benefit of a Title
Commitment.
Sy
C41.1.e0 J 7y 'es
SeanCQa.
2. Horizontal Control is based on holding City of Huntsville Monuments
No. 6337 (grid coordinate of North = 10,262.250.67 & East-
3,798.791.79) and 7040 (grid coordinate of North = 10,262,067.33 &
East= 3,799,457.52). Bearings shown are related to the Texas
Coordinate System of 1983. Central Zone. Distances shown are US
Survey Feet in field Horizontal^ units and may oe converted to
-GRID' units by multiplying by a combined scale factor of 0.99988.
3. Square footage totals shown nereon are based on mathematical
closures and do not necessarily represent the positional accuracy of
the boundcry monumentotion.
4. Distances in parenthesis are celled distances based on the
Birmingham Addition No. 2, an unrecorded subdivision.
tJ Sr3lnl FAR.
• Off.
LOT 2 OF BIRMINGHAM
ADDITION NO. 2 OF THE
PLEASANT GRAY LEAGUE, A -24
IN WALKER COUNTY, TEXAS
Solutions, LLC
25814 8udde Road
Spring, Texas 77380
Phone: 281-681-9766 Fax: 281 -68 –9779
�� w,•�••t 3r -
r•Ic
s..
1.1/4
112-249-007 1122 19:072 Is /A
S. A description of even date accompanies this plat. .EjW_–
EXHIBIT " "___
PAGE �}F�
FT (6/2001)
Title Resources Guaranty Company
PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
File No. 201202150
Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its
affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that it
collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the
GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Title
Resources Guaranty Company
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing
agreements:
• Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
• Non - financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE
FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
File No.: 201202150
IMPORTANT NOTICE
To obtain information or make a complaint:
1. You may contact your title insurance agent at (936) 295 -8173.
2. You may call Title Resources Guaranty Company's toll -free telephone number for
information or to make a complaint: 800 - 526 -8018.
3. You may also write to Title Resources Guaranty Company at 8111 LBJ Freeway,
#1200, Dallas, TX 75251.
4. You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at 1- 800 - 252 -3439.
5. You may write the Texas Department of Insurance,
P.O. Box 149104
Austin, TX 78714 -9104
Fax: (512) 475 -1771
Web: http: / /www.tdi.state.tx.us
E -mail: ConsumerProtection @.tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact
the title insurance agent 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:
1. Puede comunicarse con su (title) al (936) 295 -8173.
2. Usted puede Ilamar al numero de telefono gratis de Title Resources Guaranty
Company's para informacion o para someter una queja al: 800 - 526 -8018.
3. Usted tambien puede escribir a Title Resources Guaranty Company: 8111 LBJ
Freeway, #1200, Dallas, TX 75251.
4. Puede comunicarse con el Departamento de Seguros de Texas para obtener
informacion acerca de companias, coberturas, derechos o quejas al: 1- 800 -252-
3439
5. Puede escribir al Departamento de Seguros de Texas:
P.O. 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 el
agente de seguro de titulo primero. Si no se resuelve la disputa, puede entonces
comunicarse con el departamento (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)
EXCLUSIONS
In addition to the Exceptions in Schedule B, we do not insure you against loss, costs, attorney's fees, and expenses resulting from these
Exclusions:
1. We do not cover loss caused by the exercise of governmental police power or the enforcement or violation of any law or government
regulation. This includes building and zoning ordinances and laws and regulations concerning:
a. Land use
b. Improvements on the land
c. Land division
d. Environmental protection
This exclusion does not apply to notices of violations or notices of enforcement that appear in the public records at Policy Date. However, there
may be an Exception in Schedule B.
2. We do not cover the right to take the land by condemning it, unless:
a. a notice of exercise of the right appears in the public records on the Policy Date, or
b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. We do not cover title risks:
a. that are created, allowed, or agreed to by you,
b. that are known to you, but not to us on the Policy Date unless they appeared in the public records,
c. that result in no loss to you, or
d. that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 6 of the Covered Title
Risks.
4. We do not cover the effect of failure to pay value for your title.
5. We do not cover lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A.
b. in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in the Covered Title Risks.
6. We do not cover any claim based upon allegations that your purchase of title (or acquisition of title by gift or otherwise):
a. was a fraudulent conveyance, fraudulent transfer, voidable distribution, or voidable dividend;
b. should be subordinated or recharacterized as a result of equitable subordination;
c. was a preferential transfer unless
(1) the company or its issuing agent failed to timely file for record the deed to you after delivery or
(2) the recordation of the deed to you is not legal record notice.
(We do cover the two types of claims described in c. (1) and c. (2) above.)
7. We do not cover the refusal of any person to buy, lease or lend money on your land because of unmarketability of the title.
8. We do not cover claims concerning the physical condition of your land or of the access to your land.
CONDITIONS
1. DEFINITIONS
a. Actual Loss. This is the difference between the value of your land without the covered title risk and the value of your
land with the covered title risk. These values are the respective values at the time you must furnish proof of your loss.
b. Document. A deed or other conveyance of title to you or a prior owner.
c. Easement. A portion of your land someone else has the right to use for a special purpose.
d. Government Regulation. Any federal, state, or local law, constitutional provision, regulation, ordinance, or guideline.
e. Land. The land or condominium unit described in Schedule A and any improvements on the land that are real property.
f. Knowledge or known. Actual knowledge, not constructive knowledge or notice that may be imputed to an insured by the public records.
g. Mortgage. A type of lien on the land such as a deed of trust or other security instrument.
h. Public Records. Those records required by Texas law and maintained by public officials in the county where the property is located that
give legal notice of matters affecting your title
i. Title. The ownership interest in the land, as shown in Schedule A.
j. We us or our. The title insurance company. This is TITLE RESOURCES GUARANTY COMPANY.
k. You. your. The insured.
2. CONTINUATION OF COVERAGE
We insure you as long as you:
a. own your Title,
b. own a mortgage from anyone who buys your Title, or
c. are liable for any Title warranties you make.
We insure anyone who receives your title because of your death.
We do not insure your transferee or assignee.
3. YOUR DUTIES IF YOU MAKE A CLAIM
You must follow this process to make a claim:
a. You Must Give Us Notice Of Your Claim.
If anyone claims a right against your insured title, you must notify us promptly. Send the notice to 8111 LBJ Freeway, Ste. 1200, Dallas,
TX
75251 or call 1- 800 - 526 -8018 and ask for a claims attorney. If you initially notify us by phone, we recommend that you also notify us in
writing. Please include the Policy number shown in Schedule A, and the county where the land is.
Our obligation to you is reduced or ended if:
(1) you fail to give prompt notice, and
(2) your failure affects our ability to dispose of or to defend you against the claim.
Our obligation is reduced only to the extent that your failure affects our ability to dispose of or to defend you against the claim.
b. You Must Give Us Proof of Your Loss if We Request It.
You must send to us, if we request, your signed proof of loss within 91 days of our request on a standard form supplied by us. Within 15
days after we receive your notice of claim, we must request a signed proof of loss. If not, we waive our right to require a proof of loss. This
waiver will not waive our other rights under the policy. The statement must have the following information to the best of your knowledge:
(1) the Covered Title Risks which resulted in your loss,
FORM T -1 R: Residential Owner Policy of Title Insurance - 3 - Effective 1/1/1993
(2)
(3)
the dollar amount of your loss, and
the method you used to compute the amount of your loss.
c. You Must Provide Papers We Request.
We may require you to show us your records, checks, letters, contracts, and other papers that relate to your claim of loss. We may make
copies of these papers. If you tell us this information is confidential, we will not disclose it to anyone else unless we reasonably believe the
disclosure is necessary to administer the claim.
d. You Must Answer Questions Under Oath.
We may require you to answer questions under oath.
e. Effect of Failure to Cooperate.
Our obligation to you reduces or ends if you fail or refuse to:
(1) (a) provide a statement of loss,
(b) answer our questions under oath, or
(c) show us the papers we request, and
(2) your failure or refusal affects our ability to dispose of or to defend you against the claim.
4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM
a. After we receive your claim notice or in any other way learn of a matter for which we are liable, we can do one or more of the following:
(1) Pay the claim against your title.
(2) Negotiate a settlement.
(3) Prosecute or defend a court case related to the claim.
(4) Pay you the amount required by this Policy.
(5) Take other action under Section 4b.
(6) Cancel this policy by paying the Policy Amount, then in force, and only those costs, attorneys' fees and expenses incurred up to that
time that we are obligated to pay.
We can choose which of these to do.
b. If you report to us that a covered title risk exists, we will promptly investigate to determine if that covered title risk is valid and not barred
by law or statute. A covered title risk is a title risk that this Policy does not exclude or except.
If we conclude that your claim, or any part of your claim, is covered by the policy, we will take one or more of the following actions to the
extent that it is covered:
(1) Institute all necessary legal proceedings to clear the title to the property;
(2) Indemnify you pursuant to the terms of the policy;
(3) Issue a new title policy without making exception to the covered title risk. If another insurer issues the new title policy to your
purchaser,
lender or other transferee without making exception to the covered title risk, we will indemnify the other insurer.
(4) Secure a release of the covered title risk.
c. If we deny your claim, or any part of your claim, not more than 15 days after we deny the claim, we will:
(1) notify you in writing, and
(2) give you the reasons for denial of your claim in writing.
5. HANDLING A CLAIM OR COURT CASE
You must cooperate with us in handling any claim or court case and give us all relevant information. We must repay you only for those
settlement costs, attorneys' fees and expenses that we approve in advance. When we defend or sue to clear your title, we have a right to
choose the attorney. You have the right to disapprove our choice of attorney for reasonable cause. We can appeal any decision to the highest
court. We do not have to pay your claim until your case is finally decided. We do not agree that the matter is a covered title risk by defending.
6. LIMITATIONS OF OUR LIABILITY
Our liability is limited by the following:
a. We will pay up to your actual loss or the Policy Amount in force when the claim is made — whichever is less.
b. If we remove the claim against your title with reasonable diligence or take other action under this policy after receiving notice of it, we will
have no further liability for it..
c. All payments we make under this policy — except for costs, attorneys' fees and expenses — will be subtracted from your Policy Amount.
d. If the Covered Title Risk is an easement, we may pay an insured mortgage holder instead of paying you when a written agreement
between you and the mortgage holder allows. If the claim involves another Covered Title Risk, we may pay the mortgage holder instead of
paying you. The amount paid to the mortgage holder is considered a payment to you under your policy and will be subtracted from your
policy amount.
e. If you do anything to affect any right of recovery or defense you may have, we can subtract from our liability the amount by which you
reduced the value of that right or defense. But we must add back to our liability any amount by which our expenses are reduced as a
of your action.
7. TRANSFER OF YOUR RIGHTS
When we settle a claim, we have all the rights you had against any person or property related to the claim. You must transfer these rights to
result
us
when we ask, and you must not do anything to affect these rights. You must let us use your name in enforcing these rights. We will not be
liable
to you if we do not pursue these rights or if we do not recover any amount that might be recoverable. With the money we recover from
enforcing these rights, we will pay whatever part of your loss we have not paid. We have a right to keep what is left.
8. ARBITRATION
If it is permitted under Texas or federal law, you and we may agree to arbitration when you file a claim. The arbitration may decide any matter
in dispute between you and us. Arbitration is one means of alternative dispute resolution. It may lessen the time and cost of claims
settlement.
You may wish to consider another form of mediation or use the court system. If you choose arbitration, you may give up some discovery rights
and your right to sue.
the arbitration award may:
a. include attorneys' fees if allowed by state law, and /or
b. be entered as a judgment in the proper court.
The arbitration shall be under the Title Insurance Arbitration Rules of the American Arbitration Association. You may choose current Rules or
FORM T -1 R: Residential Owner Policy of Title Insurance
- 4 - Effective 1/1/1993
Rules in existence on Policy Date. The Law used in the arbitration is the law of the place where the property is located. You can get a copy of
the Rules from us.
9. ENTIRE CONTRACT PROVISION
This policy and any endorsements we attach are the entire contract between you and us. Any claim you make against us must be under this
Policy and is subject to its terms.
10. COMPLAINT NOTICE
Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to us. OUR TOLL -FREE
NUMBER IS 1- 800 - 526 -8018. If we do not resolve the problem, you also may write the Texas Department of Insurance, P. O. Box 149091,
Austin, Texas 78714 -9091, Fax No. (512) 475 -1771. THE TOLL -FREE NUMBER FOR THE TEXAS DEPARTMENT OF INSURANCE IS 1-
800- 252 -3439. This notice of complaint procedure is for information only. It does not become a part or condition of this policy.
FORM T -1 R: Residential Owner Policy of Title Insurance
- 5 - Effective 1/1/1993