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HomeMy WebLinkAboutTitle Report BAmerican Title Company of Houston 2000 Bering Dr, Suite 1000 Houston, TX 77057 Phone:713-541-4900 September 28, 2009 The City of La Porte, a municipal Corporation 604 West Fairmont Parkway La Porte, Texas 77571 Re: GF Number: 1229-09-1205 Closer: Leslie Hairston Dear Policyholder: Enclosed is your Owner's Title Policy in connection with your recent property transaction. Please place this policy together with the original recorded Deed in a safe place with your other important papers. A permanent file has been established on your property, and we will continue to provide future service with commitment and excellence. If you decide to sell or refinance your property, please contact us for prompt service of your title needs. If taxes for the current year were not paid at closing, it is your responsibility to pay them in full at the end of the year. You should render the taxes in your name and send the change request form to the appropriate County Appraisal District as soon as possible. Please contact the Central Appraisal District immediately and request the necessary documentation needed for filing any exemption(s) on your property, i.e.. over 65-years-of-age, homestead, etc... Thank you for your business. We hope that we may be of further service in the future Sincerely, erri P Farme epa ment Manager Jt4T�� vam If you want information about coverage or need assistance to resolve complaints, please call our toll tree number: t-800-729-1902. If you make a claim underyour policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations. Visit our World Wide WeU site at: http://www.stewart.com OWNER'S POLICY OF TITLE INSURANCE ISSUED BY SteWai"t .title guaranty company Any notice of claim and any other notice or s atement in writin required to be given the Company under this Policy must be given to the Company at t ress shown a tion 18 of the Conditions. SUBJECT TOTHE EXCLUSIONS FROM C( AND THE CONDITIONS, STEWART TITLE of Policy and, to the extent stated in Cov Amount of Insurance, sustained or incu 1. Title being vested other than as state 2. Any defect in or lien or encumbrance from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, dur s (ii) failure of any person or Entity to have (iii) a document affecting Title not E delivered; (iv) failure to perform those acts (v) a document executed under a (vi) a document not properly filed, by electronic means authorized by (vii) a defective judicial or administ (b) The lien of real estate taxes or ass unpaid. (c) Any encroachment, encumbrance, disclosed by an accurate and complete I existing improvements located on the improvements located on adjoining land. (d) Any statutory or constitutionalmechani-. 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 next page. IN WITNESS WHEREOF, Stewart Title Gua authorized officers as of Date of Policy shown in Countersigned by: Authorized Signature /� f ` City, State or �stewart title guaranty company COVERAGE CONTAINED IN SCHEDULE B loration (the "Company") insures, as of Date ��gainst loss or damage, not exceeding the but is not limited to insurance against loss �acity or impersonation; or conveyance; I, wi?nessed, sealed, acknowledged, notarized or ctronic means authorized by law; power of attorney; ords including failure to perform those acts governmental authority due or payable, but ;umstance affecting the Title that would be "encroachment" includes encroachments of encroachments onto the Land of existing lien for labor or materials having its inception this policy to be signed and sealed by its duly T-1 Owners Policy (5-7-OB) Np. 0-5941- File No.: Policy No.: 0-5941-00546 County: 201 Policy Amount: 1229-09-1205 $11400,000.00 Policy Premium: Endorsement Premium: n/a Rate Rules: Statistical Codes: $72405,00 R-3 1000 Stewart Title Guaranty Company OWNER'S POLICY OF TITLE INSURANCE I1 SCHEDULE A Name and Address of Title Insurance Company: Stewart Title Guaranty Company 1980 Post Oak Boulevard, Suite 1150 Houston. TX 77056 File No: 1229-09-1205/vam Address for Reference only: 1106 Bayshore, , TX Amount of Insurance $1,400,000.00 Date of Policy July 7, 2009 1. Name of Insured: The City of La Porte, a municipal Corporation 2. The estate or interest in the Land that is covered by this policy is: Fee Simple 3. Title is insured as vested in: The City of La Porte, a municipal Corporation 4. The Land referred to in this policy is described as follows: Policy No. 0-5941-00546 Premium $7,405.00 Being a 3.320 acre tract of land, situated in the Johnson Hunter Survey, Harris County, Texas, and being a portion of Bayshore Park, a subdivision situated in Harris County, Texas, according to the map or plat thereof recorded in Volume 10, Page 22 of the Map Records of Harris County, Texas, said 3,320 acre tract being comprised of the following; 1) Lots 1, 21 3, 42 5, and 6 in Bay Front Block, along with the area shown as "Street' lying southeasterly of Lot 3 of said Bay Front Block, all of the "Reserve" tract lying southeasterly of Lots 4, 5, and 6 of said Bay Front Block, 2) Lots 1, 2, 3 and 4 of Bayshore Block, SAVE AND EXCEPT the northeasterly 5 feet of said Lot 4, 3) a portion of Bayshore Drive lying between Lot 1 of Bayshore Block and Lot 6 of Bay Front Block, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. FORM T1: Owner's Policy of Title Insurance Page 1 Of 4 1229-09-1205 FIELD NOTE DESCRIPTION 3,320 ACRES Being a 3.320 acre tractor parcel of land situated in the Johnson Hunter Survey, Harr s County, Texas, and being a portion of Bayshore Park, a subdivision situated in Harris County, Texas, according to the map or plat thereof recorded in Volume 10 Page 22 of the Map Records of Harris County, Texas, said 3.320 acre tract being comprised of the following; 1) Lots 1, 2, 3, 4, 5, and 6 in Bay Front Block, along with the area shown as "Street" lying southeasterly of Lot 3 of said Bay Front Block, all of the "Reserve" tract lying southeasterly of Lots 4, 5, and 6 of said Bay Front Block, 2) Lots 1, 2, 3, and 4 of Bayshore Block, SAVE and EXECPT the northeasterly 5 feet of said Lot 4, 3) a portion of Bayshore Drive lying between Lot I of Bayshore Block and Lot 6 of Bay Front Block, and being more particularly described by metes and bounds as follows; BEGINNING at " iron rod found on the southerly line of said Bayshore Park and the easterly line of Bayshore Drive, 50 feet wide at this point, for the westerly corner of said Lot 1 of Bay Front Block, having a State Plane Grid Coordinate value of N=13808387.21 E=3235998.63; THENCE N 36025'S9" E, plat bearing N 38°52' E, along the easterly line of Bayshore Drive, a distance of 100.00 feet, to a 5/8" iron rod found for the beginning of a curve to the right; THENCE Easterly, along Bayshore Drive, along a curve to the right, having a radius of 50.00 feel, a central angle of 89°44'34", an arc length of 78.32 feet, and a chord bearing and distance of N81°33'43" E a distance of 70,55 feet, to a'/h" iron rod found for a point of reverse curve; THENCE Northeasterly, along Bayshore Drive, along a curve to the left, having a radius of 100.00 feet, a central angle of 90°00'00", an arc length of 157.08 feet, and a chord bearing and distance of 81°25'59 E a distance of 141,42 feet, to a Mag Nail set for corner of the herein described tract; THENCE N 30045149" E, along the easterly line of Bayshore Drive, a distance of 100.85 feet, to a Mag Nail set for the westerly comer of said Lot 4 of Bayshore Block; THENCE N 36025'59" E, plat bearing N 38°52' E, along the easterly line of Bayshore Drive, 40 feet wide at this point, a distance of 45.00 feet, to a 1/2" iron rod with plastic cap stamped "APES 4980" set for the westerly corner of Lot 5 and the northeasterly 5 feet of Lot 4 of Bayshore Block as described in deed to Mark McBride recorded in Harris County Clerks File No. K061933, for the most northerly comer of the herein described tract; THENCE S 53039'56" E, plat bearing S 51°08' E, over and across said Lot 4, along the southwesterly line of the said McBride tract, passing at 30b.00 feet a 1/2" iron rod with plastic cap stamped "RPLS 4980" set for reference, and continuing for a total distance of 336.73 feet, to a point for corner on a wood bulkhead on the southwesterly line of Galveston Bay, for the most easterly comer of the herein described tract; Page 1 of 2 THENCE S 46014'54" W, along a wood bulkhead on the southwesterly line of Galveston Bay, a distance of 216,11 feet, to a point for comer of said wood bulkhead; THENCE S 30059'30" W, continuing along a wood bulkhead and the southwesterlyiine of Galveston Bay, a distance of 175.00 feet, to a point for corner of said wood bulkhead, for the most southerly comer of the herein described tract; THENCE N 51053113" W, continuing along a wood bulkhead, a distance of 46.28 feet, to a point for comer of said wood bulkhcad, for an interior comer of the herein described tract; THENCE S 35017'45" W, continuing along a wood bulkhead, a distance of 9.21 feet, to a Mag Nail set on the southwesterly line of the said "Reserve" tract of said Bayshore Park, for the southwesterly comer of the herein described tract; THENCE N 53039156" W, plat bearing N 5 V08' W, along the southwesterly line of said Bay Front Block and said Bayshore Park subdivision, passing at 397.66 feet and 0.67 feet left of line, a''/4" iron rod found for the northwesterly comer of a called 4.589 acre tract to Neighborhood Centers -Day Care and recorded in Harris County Clerks File No. F799841, and continuing for a total distance of 410.45 feet to the POINT OF BEGINNING, containing a calculated area of 3.320 acres of land. NOTE: This field note description is part of the plat of same date. The bearings shown hereon are referenced to State Plane Coordinate System, South Central Zone, NAD 83 (2007). N0.4980 09 Page 2 of 2 File No. 1229-09-1205 SCHEDULE B Policy No. 0-5941-00546 EXCEPTIONS FROM GOVERAGE ; This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): Those recorded in Volume 1387, Page 603, Volume 1408, Page 409, of the Deed Records of Harris County, Texas, and those filed under Harris County Clerk's File No's. Y827351 and Y852788. But deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3607 of the United States code or (b) Relates to handicap but does not discriminate against handicapped persons. 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 2009 and subsequent years; and hange in land usage or subsequent taxes and assessments by any taxing authority for prior years due to c ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11,13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception.): A. Rights of Parties in possession. B. Subject to any visible or apparent easements and/or rights of way on, over under or across the subject property, the existence of which would appear on a current survey. FORM T1: Owners Policy of Title Insurance Page 2 Of 4 1229-09-1205 C. D. E. F. G. Storm sewer easements as granted to the City of LaPorte by instrument recorded in Volume 6939, Page482 of the Deed Records of Harris County, Texas, and described by metes and bounds therein. Building set -back line 15 feet in width along the front property line(s), as set forth by instrument(s) recorded in Volume 1387, Page 603, and Volume 1408, Page 409 of the Deed Records of Harris County, Texas. Building set -back line 3 feet in width along the side property line(s), as set forth by instrument(s) recorded in Volume 1387, Page 603, and Volume 1408, Page 409 of the Deed Records of Harris County; Texas. Easement 3 feet wide, along the rear property lines, as set forth and reserved in instruments recorded in Volume 1387, Page 603, and Volume 1408, Page 409, both of the Deed Records of Harris County, Texas. There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas and other minerals of every kind and character, in, on and under the property herein described H. Subject to the zoning ordinances now in force in the City of La Porte, Texas: I. The terms, conditions and stipulations of the La Porte Area Water Authority created by Ordinance No. 1295, a copy of which has been filed for record under Harris County Clerk's File No(s). L826773. J. Any and all unrecorded leases and/or rental agreements, with rights of tenants in possession. K. A 24 inch H.P.D.E. pipe located on bulkhead, in the easterly corner of subject property, as disclosed on survey dated May 5, 2009, prepared by James R. McClellan, R.P.L.S. No. 4980. American Title Company of Houston Authorized 0.fficer or Agent FORM T1: Owners Policy of Title Insurance page 3 Of 4 1229-09-1205 IMPORTANT NOTICE AVISO IMPORTANTE fo obtain information or make a complaint: Para obtener informacion o para someter una queja: fou may call Stewart Title Guaranty Company's toll -free Usted puede Ilamar al numero de"telefono gratis de Stewart elephone number for information or to make a complaint Title Guaranty Company para informacion o para someter at: una queja al: 1-800-729-1900 1-800-729-1900 You may also write to Stewart Title Guaranty Company at: P.O. Box 2029 Houston, Texas 77252-2029 You may contactthe Texas Department of Insurance to )btain information on companies, coverages, rights or :omplaints at: 1-800-252-3439 You may write the Texas Department of Insurance '.O. Box 149104 4ustin; TX78714-9104 =ax: (512) 475-1771 Neb: http://www,tdi.state.tx.us =-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. 4TTACH THIS NOTICE TO YOUR POLICY: >•his notice is for information only and does not become a Dart or condition of the attached document. Usted tambien puede escribir a Stewart Title Guaranty Company at P.O. Box 2029 Houston, Texas 77252-2029 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 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 O 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 condition del documento adjunto. FORMT1: Owner's Policy of Title Insurance page 4 of 4 1229-09-1205