C~FvI?EF: iWC]. ~.:c`~4J.:5
Ct_FI~tIFIO,a-f F.Ohd OF C=iFtDER h~lO. ~1~:3~ EOF~
F-Ui'Jli I i~iC:i Oi"~ THE I t~ID 1 E~lu i~ REf-I : E', r I I:i(=,L F=' (;i~l.:tL_C:l-
On tt-~i.s thE~ ,:..;rd ~iay of Jar~~_Tary i.{}'?`~~, ~_i~on mot i.oT-~ made by
L., p ili fTi :t :i s l tJ Tl i'r iJ t l'l .L ~ r', ;,: E C t~ T7 U 43 Cj b ;d i~ i] ITi m l s <~ 1 i= it r? 1'' i'~i O .t E? I~ c~ m p,
ti-.e LCill'rt iananimo~_isly approved by a vote of 4-~--~, to clarify
Co~_ir{v Orcier-~ i'Jo. ~_c:=+0~-~ 'I'GT- f+_1nCj7.T1C_j. c~F the Indi~aTi Greek L~riuge
, . ~ } .C a ({ t? Tl -'r-~ U !11 i._ i T-. t 1: t e m td o . I ~ -- ~=, 1 1 ~: ; .~ ,
F ''r` U , E i. t W ]. t tl `~ ~...:, ~ i ; fi - s
..,.~.~
Contr-•act i=~eE~s bacF< to 71--t~.L~"-JJJ, R. i:l. W,'EasmeTits.
" ~ COMMISSIONERS' COURT AGENDA ~~~:QUEST
t-'LEAjE FURNISH OiyE yicivii~t+i r~i~ur~ivc: i yriEJ yr Ti~iJ REQUEST ri":: ~,V~,~,1r1L~~TS
TO BE REVIEWED BY THE COURT.
MADE BY. Commissioner Pct. 4/Treasurer OFFICE:
MEETING DATE: Jan 9 , 1995 TIME PREFERRED: A. M.
SUBJECT: (PLEASE BE SPECIFIC) Discussion and consideration to clarifv
Court Order No. 22455 dated December 27th, 1994 for funding on the Indian
Creek Bridge Project
EXECUTIVE SESSIG
ESTIMATED LENGTL
~~
~~,.
_ ,~
-, "~
,~,,
_ __..~~w t ATION:
STATE REASON)
5 min
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Comm. Pct 4/Treasurer
Time for submitting this request for Court to assure that the matter is posted in accordance with Title ~,
Chanter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

..-All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
peen prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.
UYCLJCfC IVl). ~.~4 ~:~ - '
r=tPPROVAI_ -I"O F'F~'~' TEXr'aS DEPARTMENT OF TRANSPORATION
f= Of~ I Nll I Ant CF~LEf-: L,R I DGE RROJECT
Gn this the ~?th day at= December, 1994 ~_~pon motion made by
Commissioner Oehliar, seconded by Commissioner Holeka~np, the
Co~_~r,t, ~.manimously approved by a vote of 3-@-~, to a iss~_~e a
check t c~ the Texas I)epar-~tment of Transportat i on fior ~7`, ~:;6. ?;?
~~ith ~1;_, iL~C6~ ~~ to came i-rom the Road and E~ridge Reserve f=~_tnd.
---"""__ TEXAS o 267 ~
THE STATE OF KERR ~
' STATE pgURER OF THE ~DUNTY OF
5ECUR1"~'~ THE THE ppLLARS ~ `-~"-
~ TRUST SIX &32 100
~~ BANK THIRTY• HERS' COURT AT
78029 r~ D THDDS By THE c~Nnssw
~~~ RERRKERRVIBlLEN1 XAS21891177 EN lV'~•7 ALLOWEd
U 1 1 ~ ~i
~~
~ w
}\:1
~~
s
-.,~~ W
~~ o
r
D
~~~
BEING THE AMC~~NT CREE R
ORDER THE SUM ~ SE FUND, FoR INDIAN ~-__.___._--
OUT OF THE ORDER No_Lt~-''.. _.~._. ~ . S --„-_
~~~ ___--TERM 19---~ (, ~~SER E
ITS __.-u,~.'~-- pAY TO THE ORDER OF ~ ,.L~ 2 ~ ~ ~AY ~~ R--~~AN`" ~`
I ILLS, TEXAS THI~.1~---
ARTMENT OF TRANSPORTATION KE ^,
`/~~ ~~.7TY TpEASURER
TEXAS DEP ._---~-__-
J DEPUTY
_.--- ,I'
~~~00 26? L~~~ ~; L L49 2 L949
Tan. 4 '95 14:37 0000 KERRtJILLE AREA OFFICE TEL210-8%-1660 PAGE 01
- Texas Department of Transportation
Po. eox zss2a • sew anlrotilto, r©cas ~ezee-36o, • ts~o) sus-~ »o
E AR~'A ~FIGE
F. O. Box 95i
1~errv-llle, Texas 78029-0951
December i4, 2994
-• ~. ~,.
Project: BR 88(315)OX
Gon[rol: 0915-15-010
Highway: CR 151
County: Kerr
Pbat-1iTM band teu transmittal memo 'T67't	+~ a ~.s .
TM
- Q ram	
{ ~l yr .,rs~ -
	
per,	Phew r
Div - . 7/	7rc~ t3~?6 ~ ~(~
Hc~n. Robert A. Denson
Kerr County Judge
I{err County Courthouse
Kerrville, Texas 78(125
Subject: Replacement of CR 151 (Indian Creek Road) Bridge
at (~~adalupe River
Dear Judge Denson:
The project to replace Che existing bridge on Indian Creek Road is
scheduled to be Let Ca contract in Jarniary 1995. In order to ccx~slete all
federal rec~riremerits do proceed with this project letting, we require the
Coemty Le remit Che rern~irrir:g of their outstandir~ funds. The amount
required is $72,036.32.
This amount was determicied by the follc7wing ralculaticm:
20% E_~timated Construction Costs ($534,882.90) $lOG,976.58
20% !'reliminary Engineering Charges t$b7,29$.7a? $ t3,459.74
Total. Cost $t20,436.32 ~~~
Less Amount Held in Escrcxa $413 ,400.00
~'6 7 /
' Amrnmt en be Paid $ 72,036.32
~lCG-~~
P1~se arrange to remit this amcn~nt to the Kerrville Area Office by r ~/ 4, ~~
January 3, I:1O5 Lar further pru`essir~. If you should have ~,~:;--.1~;2s~~cr;s ~ .:
concerning this matter, please call ~~ at 257-~1+.[s_ ~
~ ~ ` ~%j~
~ S1T1CErCly ~
tl•, ~j ~- ,(~E' X11/ - t~~/
v ~ ,•c~ . ~%C_ r/'/Y" ~.~_ ~.~~ Bill N!. Tucker, Y.Y..
' ~= ~~~~ t ~ ~ • ' r Area Engineer
,/
-1/ ~~~.-r.-.~
. -_~` r!f /~S - An Equal Opportunity Fmploycr
,.-~.
^
.~---~-''" ATE pF TEXAS KERB N°. ~ ~~~ ~
THE $T COUNTY OF '`,,( ~'1 _
~~ATT THETREASUAER CF THE DplLAfiS~~-Z2i`
~EE~RITY TRUS ~ ERS' COUaT AT
BANK' NCN (5121897~77ti ~ ,.. Sy THE pOMMISS-~ ~~~~
KERRVILIE 9PP t S I r`W:+'~^
KERRVILIE, iEXRS 7t>~ NT i ~ 'S':
VYa°I°l ,.'~lii3 ' Q ~ ALLOWED
} ORDER THE S~ OFSL FUND. BE-I`ICiTHE AMA FOA ', ~' L'} (,~ ~~ ~, .
~ F
~ OAT OF THE TEAM 19ORDER ~
THE OF ~ c` - I i.E
w [TS ~~` p y TO O~EP K ~ '' I~~
' . art yr
~1~At1SP ~,IA'YI~~~ KERR~-~E~TEXAS~'~'
W (~ ~N~C~T~ABLE
~~l ~' ~ ~~~~µ?Y'ftaEAS11AEA
$ 'TEXAS Di~~AR~kM~,ti~ ~,"l
+ J pEpUTY
0
4,~I L ~~Q4~'; ~O~Q~~S~ ~n~
. ~ tiyq
µ~pp 26 ~ tiu' ~'
Gi


JE-
I FOR COUNTY AUDITOR'S OFFICE USE ONLY I
I I
1 DATE I
I 1
JOURNAL ENTRY FORM
	ACCOUNT	
71 -	610 -	555
		
71 -	103 -	100
		
15 -	611 -	553
		
15 -	103 -	100
		
		
DESCRIPTION
Schreiner Rd Trust•R O.W jEasements
I,oog 534•Now Account
RD & Bri~ge•Contract Fees
Rd & Bridq~•Now A .o m
DEBIT
13.088_54
1~, 088_54
CREDIT
DESCRIPTIVE INFORMATION To correct Inv # 53729 dated 111 4 j94
I~'epar mt ent Representative Signature
Date
~~URT DRDER #

BUDGET AMENDMENT REG?UEST FORM
DEPARTMENT hJAME: SCHREINER RD TRUST FUND
I I I
1 I CURRENT I CURRENT
EXPENSE CODE I LINE ITEM DESCRIPTION i PUDGET I EXPENSE
I I I
I I I
71-610-555 I R.O,W./Easements I S 60 000 00 I
I I I
I I I
I I I
I I
I I I
I I
I I I
I I I
I I I
I I I
I I I
I _ I {
I ~I I
I I I
I I I
_ I ! I
I I I`
I I I
**Funds to come from FUND #71 Surplus funds.
I UNEX~'ENDED I REG!UESTED
I BUDGET I AMENDMENT
BALANCE I +INCR/()DECK
I I
I I
i I +$14.327.96*~
I I
I 1
I I
I i
i I
I I
I I
I I
I I
{ i
{ I
! I
I I --
1 I
I I
I I
I I
(This Budget Amendment is to cover the following invoices paid in December 1994 &
January 1995. INV.#54133-$8,634.96 & INV.#55249-$5,693.00)
ELECTED OFFICIAL/DE~'ARTMENT HEAD SIGNATURE
January 23, 1995
DATE
~' / 3G ~'
,._ ~~,~
* KERRVILLE TITLE COMPANY
1456 SIDNEY BAKER • KERRVILLE, TF,X,4S 7R02R
ANN RO[3LRTSON (2 t0) 896-5811
OwNEa,Paesl~>:Nr January 1 8, 1 995 FAX (210) 792-3949
Honorable Robert A. Denson
County Judge
700 Main
Kerrville, Texas 78028
Re: 0.186 acre of land, Kerr County, Texas
Dear Judge Denson:
Enclosed is the Owner's Policy of Title Insurance No.
44 0205 100 7836, dated January 13, 1995, in the amount of
$5,550.00, issued by Chicago Title Insurance Company.
It was a pleasure handling this transaction for you and
if we can be of any further assistance, please let us know.
Sincerely,
~~..~ ~~~-~ 1~
Ann Robertson
gl
Enclosure
GF#94-909
OWNER POLICY OF TITLE INSURANCE
44 0205 100 7836
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Chicago Title
Insurance Company, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, 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 a 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 Hereof, CHICAGO TITLE INSURANCE 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.
ISSUED BY:
KERRVILLE TITLE COMPANY
1456 Sidney Baker
Kerrville, Texas 78028
(210) 896-5811
Authorized Signatory
Secretary.
CHICAGO TITLE INSURANCE COMPANY
~ .~4~+7 L7i~l~-
President.
Reorder Form No. 8272 (Rev. 1/93)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this of Policy, but known to the insured claimant and not disclosed in writing to
policy and the Company will not pay loss or damage, costs, attorneys' fees the Company by the insured claimant prior to the date the insured claimant
or expenses which arise by reason of: became an insured under this policy;
I. (a) Any law, ordinance or govemmental 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 of
the land; (ii) the character, dimensions or location of any improvement now
or hereafter erected on the 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 govemmental police power not excluded by (a) above, except to
the extent that a notice of the exercise 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.
2. Rights of eminent domain unless notice of the exercise thereof has been
recorded in the public records at Date of Policy, 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;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage 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
unmarketability of the title.
5. Any claim which arises out of the transaction vesting in the person named
in paragraph 3 of Schedule A the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state insolvency, or other state
or federal creditors' rights laws that is based on either (i) the transaction
creating the estate or interest of the insured by this Policy being deemed a
fraudulent conveyance or fraudulent transfer or a voidable distribution or
voidable dividend, (ii) the subordination or recharacterization of the estate or
interest being insured by this Policy as a result of the application of the
doctrine of equitable subordination or (iii) the transaction creating the estate
or interest insured by this Policy being deemed a preferential transfer except
where the preferential transfer results from the failure of the Company or its
issuing agent to timely file for record the instrument of transfer to the Insured
after delivery or the failure of such recordation to impart notice to a purchaser
for value or a judgement or lien creditor.
(b) not known to the Company, not recorded in the public records at Date
CONDITIONS AND STIPULATIONS
I. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devices, survivors, personal representatives, next of kin, or corporate, partner-
ship or fiduciary successors, and specifically, without limitation, the follow-
ing:
(i) the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation upon partial
or complete liquidation;
(ii) the partnership successors in interest to a general or limited
partnership which dissolves but does not terminate;
(iii) the successors in interest to a general or limited partnership
resulting from the distribution of the assets of the general or limited partner-
ship upon partial or complete liquidation;
(iv) the successors in interest to a join[ venture resulting from the
distribution of the assets of the joint venture upon partial or complete
liquidation;
(v) the successor or substitute trustee(s) of a tmstee named in a written
trust instrument; or
(vi) the successors in interest to a trustee or trust resulting from the
distribution of all or part of the assets of the trust to the beneficiaries thereof.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowl-
edge or notice that may be imputed to an insured by reason of the public
records as defined in this policy or any other records which impart construc-
tive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto that by law constitute real property. The tetm
"land" does not include any property beyond the lines of the area described
or referred to in Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which a right of access to and
from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive nr<`... of matters relating to
teal propety to purchasers for value and without kn. , [edge. With respect to
Crrr;~n 1~'a~/ivl ~f ~hr Frrlr~c;nnc Fmm C'r.vrra˘e. "nuhlic records' also shall
include environmental protection liens filed in the records of the clerk of the
United States district court for the district in which the land is located.
(g) "access": legal right of access to the land and not the physical condition
of access. The coverage provided as to access does not assure the adequacy
of access for the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF
TITLE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in
the land, or holds an indebtedness secured by a purchase money mortgage
given by a purchaser Gom the insured, or only so long as the insured shall have
liability by reason of covenants of warranty made by [he insured in any transfer
or conveyance of the estate or interest. 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 indebtedness 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 4(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 to the estate or interest, as insured, and that might cause loss or
damage for which the Company may be liable by virtue of this policy. If
prompt notice shall not be given to the Company, then as to the insured all
liability of the Company shall terminate with regard to the matter or matters
for which prompt notice is required; provided, however, that failure to notify
the Company shall in no case prejudice the rights of any insured under this
policy unless the Company shall be prejudiced by the failure and then only
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
to the estate or interest in the land 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 is valid and not barred by law or statute. The Company shall
notify the insured in writing, within a reasonable time, of its detetmination
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 Fr~~, or was otherwise addressed in the closing of the
transaction in connecti~ .vtth which this policy was issued, the Company,
shall specifically advise the insured of the reasons for its determination. L
the Company concludes that the lien, encumbrancer' +verse claim or defect
is valid, the Company shall take one of the followid; .[ions: (i) institute the
necessary proceedings to clear the lien, encumbrance, adverse claim or defect
from the title to the estate as insured; (ii) indemnify the insured as provided
in this policy; (iii) upon payment of appropriate premium and charges
therefor, issue to the insured claimant or to a subsequent owner, mortgagee or
holder of the estate or interest in the land insured by this policy, a policy of
title insurance without exception for the lien, encumbrance, adverse claim or
defect, said policy to be in an amount equal to the current value of the property
or, if a mortgagee policy, the amount of the loan; (iv) indemnify another title
insurance company in connection with its. issuance of a policy(ies) of title
insurance without exception for the lien, encumbrance, adverse claim or
defect; (v) secure a release or other document discharging the lien,
encumbrance, adverse claim or defect; or (vi) undertake a combination of (i)
through (v) herein.
4. DEFENSE AND PROSECUTION OF ACTIONS:
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company, at
its own cost and without unreasonable delay, shall provide for the defense of
an insured in fitigation in which any third party asserts a claim adverse to the
title or interest as insured, but only as to those stated causes of action alleging
a defect, lien or encumbrance or other matter insured against [his policy. The
Company shall have the right to select counsel of its choice (subject to the right
of the insured to object for reasonable cause) to represent the insured as to
those stated causes of action and shall not be liable for and will not pay the fees
of any other counsel. The Company will no[ pay any fees, costs or expenses
incurred by the insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its opinion may
be necessary or desirable to establish the title to the estate or interest, 'as
insured, or to prevent or reduce loss or damage to the insured. The Company
may take any appropriate action under the terms of this policy, whether or not
it shall be liable hereunder, and shall not thereby concede liability or waive any
provision of this policy. If the Company shall exercise its rights under this
paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole discretion, to appeal
from any adverse judgement or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the insured
shall secure to the Company the right to so prosecute or provide defense in
the action or proceeding, and all appeals therein, and pernit the Company to
use, at its option, the name of the insured for this purpose. Whenever requested
by the Company, the insured, at the Company's expense, shall give the
Company al] reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or pro-
ceeding or effecting settlement, and (ii) in any other lawful ac[ that in the
opinion of the Company may be necessary or desirable to establish the title to
the estate or interest as insured. If the Company is prejudiced by the failure
of the insured to furnish the required cooperation, the Company's obligations
to the insured under [he policy shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of loss
or damage signed and sworn to by the insured claimant shall be furnished to
the Company within 91 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe
the defect in, or lien or encumbrance on the title, or other matter insured
against by this policy that constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of the insured claimant
to provide the required proof of loss or damage, the Company's obligations to
the insured under the policy shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable
times and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memo-
randa,whether bearing a date before or after Date of Policy, which reasonably
pertain to the loss or damage. Further, if requested by any authorized
representative of the C ~ zany, the insured claimant shall grant its pemtis-'
lion, in writing, for any, . ~~orized representative of the Company to examine,
inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain
to the loss or damage. All information designated as confidential by the
insured claimant provided to the Company pursuant to this Section shall not
be disclosed to others unless, in the reasonable judgement of the Company, it
is necessary in the administration of the claim. Failure of the insured claimant
to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information
from third parties as required in this paragraph shall terminate any liability of
the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
Incase of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy,
together with any costs, attomeys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment
or tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the payment
required, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, and the policy shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured
or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attomeys' fees and expenses incurred by the insured claimant, which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) To pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys' fees
and expenses incurred by the insured claimant, which were authorized by the
Company up to the time of payment and which the Company is obligated to
pay. Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, pros-
ecute, or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY
AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to the
extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or
(ii) the difference between the value of the insured estate 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 fumish to Company a proof of loss or damage in accordance with
Section 5 of these Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the 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 improvement is erected on the land which increases
the value of the insured estate or interest by at least 20 percent over the Amount
of Insurance stated in Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall 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 been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120
percent of the Amount of Insurance stated in Schedule A bears to [he sum of
the Amount of Insurance stated in Schedule A and the amount expended for
the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall only
apply [o that portion of any loss which exceeds, in the aggregate, 10 percent
of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels that are
not used as a single site, and a loss is established affecting one or more of the
parcels but not all, the loss shall be computed 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 endorsement attached to this policy.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, all
is insured, or takes action in accordance with Section 3 or Section 6, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or
with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title as
insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily 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, except payments made for costs, attor-
neys' fees and expenses, shall reduce the amount of the insurance pro canto.
11. LIABILITY NONCUMULATIVE
It is expressly 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 which the
insured has agreed, assumed or taken subject, or which is hereafter executed
by an insured and which is a charge or lien on the estate or interest described
or referred to in Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12.PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be fumished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13.SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by any
act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies that the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested
by the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect this
right of subrogation. The insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured claimant and to use the name
of the insured claimant in any transaction or litigation involving these rights
or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the whole
amount of the loss.
If loss should result from any act 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 of any losses insured against 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 insurance or bonds, notwithstanding
any terms or conditions contained in those instruments that provide for
subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law or unless this arbitration section is
deleted by specific provision in Schedule B of this policy, either the Company
or the insured may demand arbitration pursuant to the Title Arbitration Rules
or 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 the issuance or the breach of a policy provision or other
obligation. All arbitrable matters when the Amount of Insurance is $1,000,000
or less SHALL BE arbitrated at the request of either the Company or the
Insured, unless the Insured is an individual person (as distinguished from a
corporation, trust, partnership, association or other legal entity). All arbi-
trable matters when the Amount of Insurance is in excess of $1,000,000 shall
be arbitrated only when agreed to by both the Company and the insured.
Arbitration 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 be binding upon the parties. The award may
include attomeys' fees only if the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgement upon
the award rendered by the Arbitrator(s) may be entered in any court 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 LIMITED TO THIS POLICY:
POLICY ENTIRE CONTRACT
(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 of loss 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 be made 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 fumished the Company shall include the number of this policy
and shall be addressed to the Company at Chicago Title Insurance Company,
Claims Department, 171 North Clark, Chicago, Illinois 60601.
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 complaint procedure is for information
only and does not become a part or condition of this policy.
FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL:
1-800-442-4303
, ~--
CHICAGO TITLE COMPANY
SCHEDULE A
GF No. 94-909
Dace of Poiicy: January 13, 1995 at 4:25 p.m.
Issued with No.:
Owner Policy No.: 44 0205 100 7836
Amount of Insurance: $5,550.00
Premium: $278.00
1. Name of Insured:
COUNTY OF KERB, STATE OF TEXAS
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
COUNTY OF KERB, STATE OF TEXAS
4. The land referred to in this policy is described as follows:
Ali that certain tract or parcel of land, lying and being situated in the County of Kerr, State of
Texas, and being more particularly described by metes and bounds in Exhibit "A", attached
hereto and made a part hereof for all purposes.
KERRVILLE TITLE COMPANY
Agent
This policy is not valid unless COUNTERSIGNED: /
duly countersigned by agent, on and as of the date hereof By:~~r~_~~~~'~ ~
BXHIBIT "A"
COUNTY: KERR August 21, 1992
HIGHWAY: CR 151
PROJECT LIl+'IITS: FROM: Old Ingram Loop
TO: Beaver Road
FIELD NOTES FOR PARCEL
0.186 of an acre of land, more or less, being out of and a part of a
2.31 acre tract of land out of the John Overland Survey No. 136,
Abstract No. 264, Kerr County, Texas, which 2.31 acre tract was
conveyed to L. H. Tubbs and wife, Edna Jo Tubbs by deed dated
October 27, 1971, of record in Volume 152, Page 313, Real Property
Records, Kerr County; Texas; which 0.186 of an acre tract ~
land, more or less, is more parti_~>>arly described by metes and
bounds as follows:
BEGINNING at C O R 1, a 1/2" iron rod set in the west ]ine of said
2.31 acre tract, said point of BEGINNING being 21.22 feet left of
and at right angle to CR 151 centerline Station 11+11.01, said point
being further described as being North 27 deg 27' 30" East, a
distance of 106.15 feet from an iron pipe found for the southwest
corner of said 2.31 acre tract;
THENCE, along the west line of said 2.31 acre tract, North 27 deg
27' 30" East, a distance of 267.79 feet to COR 2, a 1/2" iron rod
set for the northwest corner of the hereindescr-ibed tract;
THENCE, along the north line of the hereindescribed tract, North
67 deg 55' 32" East, a distance of x,8..00 feet to COR 3, a 1/2" iron
rod set for an angle point;
THENCE, continuing along said north line, North 87 deg 55' 32"
East, a distance of 26.72 feet to C 0 R 4, a 1/2" iron rod set for the
northeast corner of the hereindascribed tract, said paint being in
the proposed east right-of-way line of C R 151;
THENCE, als~ng said proposed rzght~f--way line, South 24 deg 44'
36" West, a distance of 136.93 feet to COR 5, a 1/2" iron rod s~
for an angle point;
THENCE, continuing along said proposed right-af-way line, South
42. deg 09' 24" West, a distance of 163.22 feet to the POINT OF
BEGINNING and containing 0.186 of en acre of land, more or lass.
Chester A. Varner, Registered Professional Land Surveyor #4812
CHICAGO TITLE COMPANY
SCHEDULE B
GF No.: 94-909
Policy No.: 44 0205 100 7836
EXCEPTIONS
We do not cover loss, costs, attorneys' fees end expenses resulting from:
1. The following restrictive covenants of record itemized below (We 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
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, gavemments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers end streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead Imes as established or changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, ~cluding riparian rights, or
e. to the area extending from the line of mean low title 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 19 95 and subsequent years, and subsequent taxes and
assessments by any taxing authority for prior years due to change in land usage or ownership.
6. The fallowing matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this
exception):
(a). Visible and apparent easements on or across property herein described.
(b). Rights of Parties in Possession.
(c). Telephone Line Right of Way Easement to Hill Country Telephone Cooperative, Inc., dated April 13,
1983, recorded in Volume 17, Page 235, Easement Records of Kerr County, Texas.
KERRVILLE TITLE COMPANY