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HomeMy WebLinkAboutMiscellaneous \. CITY OF COLLEGE STATION LEGAL DEPARTMENT POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION. TI;XAS 77842-9960 (409) 764-3507 MEMORANDUM TO: FROM: RE: DATE: Natalie Thomas, Planning Technician ,~ Mary-Margaret Sexton, Assistant City Attorne~ Rezoning Ordinance - Lot 2, Holleman Place November 10, 1994 As requested, please find attached the rezoning ordinance for the City's 6.3 acre tract on Holleman. If we can be of further assistance, please advise. MMS:jls Attachment cc: Tom Brymer Elrey Ash jslc/rezonelnatalie RECE'VEDNOV , 119f4 Iii ' ~. <' Research 0 Advice 0 Ordinance Writing ~ Contract Writing 0 Property AcquisitionD litigation! Potential litigation 0 EXECUTIVE MEMBER APPROVAL: EXPLANA,.IO~ OF FACTS: fl '. ~ " ~~tWt;;;0(-~~ ~ ~~L-I~7-"5" . lrA/~~') EXP~N~TION OF ISSUES: ~ /ir QUESTIONS REGARDING THE ISSUES: NlA STAFF GOAL ON "HIS REQUEST: ~ - . ~V SUPPORTING DOt;UMENTATION: 1~ ," 2.~'~ ~~:;Z 3. js/e/forms/assist A I A. ( 04/11194 ~, , Printed by Jane Kee 12/20/94 From: Cathy Locke To: Bill Riley, Bob Pohl, Engineering Group Subject: fwd: Sale of 6.3 Acres ===NOTE===============11j09j94==9:48am= CC: John Woody, Tom Brymer I am handling the sale of the 6.3 acres on Holleman. As you know, we have not had this property very long and have not built on it. However, in preparing the deed I need to know what easement reservations you may want. Because all property interests merged with the acquisition I will be reserving the right of way for Holleman and Richards. If there is anything else I need to be aware of please advise. P.S. Please do not assume any previously dedicated easements will show up on the title committment. They no longer exist with the merger of the estates. Fwd=by:=Veronica=Morg=11jlOj94==9:13am= Fwd to: Cathy Locke cathy can i get a small map or metes and bounds on this property so i can see exactly where it is? anything you may have would help. thanks. Fwd=by:=Cathy=Locke===11jl0j94==4:35pm= Fwd to: Jan Schwartz, Veronica Morgan CC: Jeff Kersten ....................... .................... Jan, please pull what diagram we have in the file. Veronica, we will give you what we have but we may have to direct yo~ to Elrey. Fwd=by:=Veronica=Morg=11jlOj94==4:58pm= Fwd to: Jane Kee, Veronica Morgan . . .. . . . . . . . . .-.. . . . . . . .. .. . . . . . . . . . . . . . . . . . . jane fyi. ps i sent it to myself so i could keep a copy. do you know any other way?? Fwd=by:=Veronica=Morg=12j19j94==9:54am= Fwd to: Jane Kee, Veronica Morgan hey, just fyi for you. i sent cathy a copy of the final plat and showed her the landscape buffer that needed to remain as well as a couple general notes and utility easements that should remain. . . . 8:41am aLf-(dd- Page: 1 :.,: ~~~.-qfj-(J-~ q~-/)dc .. .~. CAcHO .,NEGfZk[f;+ .:5 \}J Y:.. 'J-~ Ck . ~~rJ~ (PL(~6CJidt?. ..f}-] . ~Gwt4Q~{)0J C5S/J Y6~ ~YK ~YJe6Q-. C}+.C.cnm .... .! 19/0!.o ~~.~ .~~'l~cXo3- ~.~~ ~.f)~q;)5(P /-7 C5"'t?c "l'l CZt.! d- l " (i) q L/ -.r / d- d--- HOLLEMAN PLACE PROPERTY OWN . H~EMAN PLACE V6;;1 POOH.!S PARK /' _ BkOCK 2 L---(OT 1 RICHARDS . s-j PiCK 1 L(Qr 18-A.18-B vLbr 45-A-.47-B /oT48-A / ~T 48-B.50-B LOl/51-A ~ / l7ctr 51-B ~T 52-A.52-C tY't; 55-A vi55"B LLOYD'S RESOURCES INC. 6480 WATERWAY DR. C.STATION TX 77840 GENERAL TELEPHONE CO. PO BOX 10{)1 SAN ANGELO TX. 76902 FIFTY THl:lEE PROPERTIES L.L.C. 1004 S. COUL'T"ER DR. BRYAN, TX. 77803 _____ -- FIFTY THR~PERTIES L.L.C, 100~OLTER DR, ~AN, TX. 77803___ . ALI.ICCEEI? DJ A~Cs;;;;~E 8~REENLEAF ~C,STATION, TX. 77845 FIFTY THREE PROPER-l'tESLC~ --- 1004 S, CQUl;T"-ER DR. ~N;f5< 77803 ALICE DIANNE SAVAGE 8706 GREENLEAF C. STATION, TX. 77845 GENE B. SAVAGE 8714 BENT TREE COLLEGE STATION ~-==,=-="~ ...,..,....-_.,._...."'_ e----- FIFTY THRE~J~RePERTIES L.L.C. 1004 9.yCelJL TER DR. ~YAN, TX.77803 ANNIE M. HARRIS &THELMON 302 STERLING C. STATION TX. 77840 JOHN G, OTIS JR. & JEFF BRONSON JR. 1500 WOLF RUN C. STATIONTX 77840 ( ~ r\ vG>T58 // /~ /~ FIFTY THREE PR08ERTfE~S L.L.C. 1004 S, CqUI.:TERDR. ~AN;fX 77803 ~~~ ~T 56-~57-B / V;(58-~58-B JT 61 .63 FIFTY THREEF'BOPERfiES L.L.C, 1004 S. CDHt:TER DR. &BY~TX 77803 THELMON HARRIS & ENDIE 302 STERLING C. STATION TX 77840 . B~OCK 2 vtOT 17-B MICHAEL KAMBEEZ BELADI & KATH PO BOX 2031 C. STATION TX 77841 CITY OF COLLE :rATroN POB . STA-TION TX 77841 vcOT 18-A / ~T18-B JAMES WELDON HUGHES 2414-&PECAN RIDGE BRYANTX 77802 ~T 19-A JOSE LEAL & DOMITILA 225 STERLING ST. C. STATIONTX 77840 NICOLAS G, MARTINEZ 227 STERLING ST.. C. STATION TX 77840 RAY C.. ROBERSON & ANGELA A BRA. 301 STERLING ST. C. STATION TX 77840 vL6T 19-B V<OT 20-A I I / V/ LOT 20-B MIGUELPUENTE 303 STERLING ST. C. STATION TX 77840 \\~~K 3 \/" t.4 // ~/ FIFTY THREEP.BGPERTIES L.L.C. 1004 S. COULTER DR. BR~~I'J(TX 77803 /// " WOADSTOCK slloCK 1 VTS REAL ALCHEMY I., L. P. ATTN-.-STEPHEN p, HATNETT 4S04WINEWOODCT COLLEYVILLE, TX 76034 AGENT: CLARKE & WYNDHAM PAUL CLARKE 3608 E. 29TH ST #100 BRYAN, TX 77802 AGENDA ITEM COVER SHEET REGULAR AGENDA STATUTORY AGENDA CONSENT AGENDA ITEM SUBMITTED BY: Sabine Kuenzel, Senior Planner FORCOUNCIL MEETING OF: December 8, 1994 DIRECTOR APPROVAL: EXECUTIVE TEAM MEMBER APPROVAL: ITEM: Public hearing and consideration of a rezoning request of 6.3 acres located along the south side of Holleman approximately 600 feet west of Dartmouth from C-1 General Commercial to R-5 A.partment Buildings/Medium Density. Application is in the name of Elrey Ash for the City of College Station. (94-122). ITEM SUMMARY: This property is surrounded by Wolf Pen Creek zoned property to the east and to the north with General Commercial to the west. The proposed zoning would not be in conflict. with these areas. There is single family zoning and development to the south across Richards Street. A rezoning from the current commercial zoning to a multi.family will act as a better buffer zone than the current commercial zoning. STAFF RECOMMENDATIONS: The Planning and Zoning Commission recommended approval by a unanimous ~ote. FINANCIAL SUMMARY: N/A CITY ATTORNEY RECOMMENDATIONS: No concerns expressed COUNCIL ACTION DESIRED: Approval or denial of request SUPPORTING MATERIALS: 1. Area map 2. Staff report 3. Application 4. P&Z minutes 5. Ordinance Palicy No.. 175-049130 GF No.. 9210340 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy daes nat insure against lass ar damage (and the Campany willnat pay casts, attarney's fees ar expenses) that arise by reasan af the terms and canditians af the leases ar easements insured, if any, shawn in Schedule A and the fallowing matters: 1. Item 1 af Schedule liB" is hereby deleted in its entirety. 2. Any discrepancies, canflicts, or shartages in area ar baundary lines, ar any encraachments ar pratrusians, ar any averlapping af impravements. 3. Hamestead ar cammunity praperty arsurvivorship rights, if any, af any spause af any insured. 4. Any title ar rights asserted by anyane, including but not limited to., persans, the public, carparations, gavernments ar ather entities. a. to. tidelands, or lands camprising the shares ar beds of navigable ar perennial rivers and streams, lakes, bays, gulfs or aceans,ar b. to. lands beyand the line of the harbar ar bulkhead lines as established ar changed by any gavernment, or c. to. filled-in lands, or artificial. islands, ar d. to. statutory water rights, including riparian rights, ar e. to. the area extending from the line af mean law tide to the line af vegetatian, or the right af access to. that area ar easement along.and across that area. 5. Standby fees, taxes and assessments by any taxing autharity far the year 1992 and subsequent years, and subsequent taxes and assessments by any taxing autharity far priar years due to. change in land usage ar ownership. 6. The fallawing matters and all terms afthedacuments creating or affering evidence af the matters (We must insert matters ar delete this exceptian.): 7. Rights of parties in passessian. 8. Sewer line as shawn an survey dated June, 1980 by Danald Garret, Registered Public Surveyar No.. 22790.. and being shawn in deed to. James E. Jett, Inc., dated April 1, 1982, recarded in Valume 515, Page 191, Deed Records af BrazosCaunty, Texas. Schedule B (Rev. 1/1/93) Texas Owner palicy T-1 Farm OP2 - Page 4 Valid Only If Schedule A and Caver Page Are Attached ~" Policy No. 175-049130 GF No. 9210340 9. Easements, or claims of easements, which are not recorded in the public records. 10. Any portion of subject property lying within the boundaries of a public or private roadway whether dedicated or not. 11. Mineral partition Deed with the effective date of December 15, 1987, executed by Lloyd's; Resources, Inc.t J. Garland Wats;on, Individually and as Trustee; and James Jett, Individually and as Trustee, filed for record.on December 22, 1987, and recorded in Volume 101.8, Page. 834, Official Records of Brazos County, Texas. Title to said.interest has; not been investigated subsequent to date of the aforesaid instrument. 12. All oil, gas; ana. other minerals. of every character.in and under the hereindescribedproBerty, reserved by James E. Jett, Trustee inins.trument recorded in Volume 657, Page 638 of the Official Records of Brazos County, Texas, reference to which instrument is here made for all purposes. Title to said interes;t has not been investigated subsequent to the date of the aforesaid instrument. 13 . Estate created by oil, gas; and . mineral lease granted to W & W Minerals, Inc. by James E.Jett,Trustee in instrument dated November 7 , 1984 recorded in Volume 748, Page 315 of the Official Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to said lease has not been invesitgated subsequent to date thereof. 14. Easements and building setb(:ick lines as; shown on plat recorded in Volume 1040, Page 485, Of:ficialRecords of Brazos County, Texas. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: ....' Schedule B (Rev. 1/1/93) Texas Owner Policy T-1 Form OP2 - Page 5 Valid Only If Schedule A and Cover Page Are Attached .' 'i. DETERMINATION, EXTENT OF LIABILIty AND COINSURANCE. This policy is a contract of indemnity against actual monetary.1oSs or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters inSlJred against by this policy and only to the extent herein described. (a) The liability of the Company under this poliey shall not exceed the least of: (i) the Amount of Insurance stated in Schedute A; (ii) The difference between the value of the insured eslate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy at the date the insured claimant is required to furnish to Company a proof of loss or damage in accordance wilh Section 5 of these Condilions and Stipulations. (b) In the event the Amountof Insurance stated in Schedule A atthe Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvem~nt is erected on the land which increases the value of the insured estate or interest by alleast 20 percent over the Amount of Insurance stated in Schedule A, then this Poliey is subject to the following: (il where no subsequent improvement has been made, as to any partial loss, the Companyshall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (iI) where a subsequent improvement has beenmade, as 10 any partial loss, the Company shaU only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insuranee stated in Schedule A ahd the amount expended for the improvement Theprovil1ionsofthis paragraph shall not apply to costs, attorneys' fees and expenses forwhich the Company is liable under this policy, and shall only apply 10 lMt portion of any loss which exceeds, in the aggregate, 1 0 percent of the Amount of Insurance stated in Schedule A. (cl The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. lithe land described in SChedule A consists of two or more parcelS thatare not used as a single site, and a loss is established affecting one or more of the parcels but not aU, the loss Sha.lI be compuled and settled on a pro rata basis as if the amount of insurance under this poliCy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorse- ment attached to this poliey. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encum- brance, or cures the lack ofa right of access to or from the land, alias insured, or takes action in accordance with Section 3 or Section 6., in <l reasonably diligent manner by any method, including litigation "nd the completion of any appeals therefrom, it shall have fully performed its obligations wilh respect to that matter and shall not be'liable for any loss or damage caused thereby. (bl In the event of any litigation, including litigation by the Company or with the Compa- ny's consent, the Company shall have no liability for lOss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of aU appeals there- from, adverse to the title as insured. (c) The Company shal\notbe liable for loss or damage to any insured for liability VQluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this poliCY' exeeplpayments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. 1\ is exprllSSty understood that the. amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to. whiehthe insured has agreed, assumed, or taken subject, or which is hereafter executed by"n insured and which is a eh"rge or lien on the estate or interest described Or referred to in Sehedule A, . and the amount so paid shall be deemed a payment under this pOlicy t.o the insured owner. 12. PAYMENT OF' LOSS. (a) No payment shall be m.ade wilhout producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof .of loss or destruction I1hall be furnh,hedtothe satisfaction of the Company. (b) When liability and th~ extent Of loss or damage has been definitely fixed in accor- dance with these Conditions andStipul"tions, the lass or damage shall be payable within 30 daYl> thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (al The Company's Rightof Subrogation. Whenever the Company~hallhave settled and paid a claim under lhis policy, all righl of subrogalion ,shall vest in the Company tinaffeeted by any act of the insured claimant. The Company shall be. s\lbrogated t?and be entitled to all rights and remedies that the insured claimant would have. had against<iny person or property in respect to the claim had this policy nol been issued. If r~uested by the Company,the insured claimant shall transfer to the Company all rights and r€!m~diesag"inst any person or property necessary in order to perfect this right of subrogation. Thejrisured claimant shall permit the Company ta sue, compromise or, settle in the name of the in,sured claima"t a"d to use the name of the insured claimanl in any transactiQnor litig"tionin~olving these rights or remedies. If a paymem on account of a claim 90es not fully cover the loss of the insured claimant, the Company shall be subrogated to'these rights and remedies in the proportion that the Company's payment bears to the whole amount of the toss. Texas Owner Policy T-1 (10,1-91) (Continued) If loss should result from any aet of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part ofany losses insured against by this policy that shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-Insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities,guaranties, other policies of insuranee or bonds, notwithstanding any terms or conditions contained in those instru- ments that provide for subrogation rights by reason of this policy. 14. ARBITflATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to lhe Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obliga- tion. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the.oplion of either the Company or the insured. All arbitrable matters when the Amount of Insuranee is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitralion pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured. the Rules in effect at Date of Policy shall bebinding upon the parties. The award may include attorneys' feeS ollly if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party, Judgment upon the award rendered by the Arbitrator(s) may be entered in any CO\lrt having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY L1MITEO TO THIS POLICY: POLICY ENTIRE CONTflACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim oHoss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can bemade except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the 'Secretary, an AsSistant secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision, and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at COMMONWEALTH LAND TITLE INSURANCE COMPANY, EIGHT PENN CEN- TER, PHILADELPHIA, PENNSYLVANIA 19103-2198. 18. COMPLAINT NOTICE. Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that issued the policy. If the. problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091,. Austin, TX 78714-9091, Fax No. (512) 475-1771. This notice of complaintprocedure is for information only and does oot become a part or condition of this policy. FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1-800-441-0310 PARA INFORMACION, 0 PARA HACERUNA QUEJA, HABLE 1-800-441-0310 Rl;CE1VED tU1V 1 5 t99It CITY OF CO'LLEGE STATION LEGAL DEPARTMENT POST 9FFICE BOX 9960 1101 TEXAS AVpNUE COLLEGE STATION. TEXAS 77842-9960 (409) 764-3507 .. MEMORANDUM ~; At - \y /' \ ~}Y ~ TO: FROM: RE: DATE: Jane Kee, City Planner Cathy Locke, City Attorney ~ 6.3 Acres of Land on Holleman Drive November 14, 1994 Please find attached a copy of the title policy on the 6.3 acres on Holleman Drive. Attached to it is the legal description of the property you requested. CL:jls Attachment cc: Tom Brymer Elrey Ash Kent Laza John Woody Bob Pohl Bill Riley js/c/nov94/6acres a."" ' ISSUED BY ~ Commonwealth@ Land Title Insurance Company POLICY NUMBER llS-0tt9130 OWNER'S POLICY OF TITLE INSURANCE .: :. ~; s ~ .~ r~ i~ t~ I~ W .~. I i.,.. ~ .~ :i. ,. ~ m f3 jg l I I f~ SUBJECT 10 THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS. COMMONWEALTH LAND TITLE INSURANCE COMPAN'V: a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss ordamage,not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy; 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY ~\)\ITLf~ ,,~...,~..r! $,....~ f!::""~~ ~, ....?;. -.J: '.:;Z: oo:c: _ :(") ....: :,., ~'. .:~ ~'.,., ,...~~ v~iV;.is~'~~~~ Attest: By ~~ ~/fJ~l: President ~. ~ o ~ ~. !~ I .. :1' jjJ: '~ '~.~.:. 'I, -f'3+ iI, ~. ~~ R] .m :Mi IT :,-, ~nJ ,t.:;: 'Ii t~ l~: ii ~I fii EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment ofthe land;(ii) the character, dimensions or location of any improvement now or hereafter erected onthe land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records ,at Date of Policy. (b) Any governmental police power notexcluded by (a) above, except to the extent that a noticeofthe exercise thereof or a notice of a defect, lien or encumbrance resulting from a viol;ition or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Pol icy, but not excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to~he insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss ordamage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss ordamage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. . 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of un marketability of the title; 5. Any claim, which arises outofthetransaction vesting in the insured the estate or interest insured by thispolicy, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. .r]j ~! ,fa; 1-.' re:; ..t.~ .; ':' ',~~j":;::c:~;:;2;:;::::":: .,-~,.....'''-~ - ~'d;::, ';;,!.c:;;c.; '::0' :;,., ~ _ ,~iLL -....:]~_ .,~, '", I ) ,!.:"ifJ:'- ,'. Texas Owner Policy Face Page Form 1178-1 T-1 (10+91) Valid Only If Schedule A, Bland Co~~r Are Attacned