R-11-02-10-11B5 - 2/10/2011RESOLUTION NO. R -11-02-10-11B5
WHEREAS, the City is the owner of a tract of land located at 509 W. Liberty, Round Rock,
Williamson County, Texas, containing 0.225 acres of land, and
WHEREAS, the City desires to sell the property and has duly published notice for bids in a
newspaper of general circulation in Williamson County to sell the property, and
WHEREAS, Joe M. Baker has submitted the best bid, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract
for Sale of Real Property with Joe M. Baker, for the sale of the above described property, a copy of
said Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes; and
BE IT FURTHER RESOLVED
That the Mayor is hereby authorized and directed to execute on behalf of the City any and all
documents necessary for the closing of the aforesaid transaction.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 10th day of February, 2011.
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\1104\MUNICIPAL\00213225,DOC/rmc
ALAN MCGRAW, Mayor
City of Round Rock, Texas
CONTRACT FOR SALE OF REAL PROPERTY
THIS CONTRACT FOR SALE OF REAL PROPERTY (referred to herein as the "Contract") is
made by and between the City of Round Rock, a Texas home -rule municipality, with offices
located at 221 East Main Street, Round Rock, Texas (referred to herein as the "Seller") and the
following:
Joe M. Baker, an individual.
959 Blue Springs Cove
Round Rock, Texas 78664
(referred to herein as the "Purchaser"), on the terms and conditions which are set forth in this
Contract.
ARTICLE I
PURCHASE AND SALE
1.01 Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, that
certain tract of land located at 509 W. Liberty, Round Rock, Williamson County, Texas,
containing 0.225 acres of land and being more particularly described in Exhibit A,
attached hereto and incorporated herein for all purposes.
The real property described above, and any rights or appurtenances thereto, are hereafter
referred to in this Contract as the "Property."
This sale and purchase includes all rights and appurtenances pertaining to the Property,
together with any improvements, fixtures, and personal property situated on and attached
to the Property, but does not include any right, title and interest of Seller in adjacent
streets, alleys or rights-of-way,.
ARTICLE II
SALES PRICE
2.01 Amount and Payment of Sales Price. The sales price will include cash and the
conveyance of a tract of land to the seller.
The cash portion of the Sales Price will be the sum of Nineteen Thousand One Hundred
Forty and 50/100 Dollars ($19,140.50), which will be payable by Purchaser in cash at the
closing.
In addition to the cash portion, Buyer will also convey to Seller the tract of land
containing 15,233 square feet of land shown as "Tract 3" on the sketch attached hereto as
Exhibit A.
00213344.DOC
ARTICLE III
PURCHASER'S OBLIGATIONS
3.01 Conditions to Purchaser's Obligations. Purchaser's obligations under this Contract are
subject to Seller complying with all of the covenants, agreements, and conditions
required by this Contract, and the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or before the closing).
3.02 Preliminary Title Report. Seller, at Seller's expense, has previously obtained from Texas
American Title Company, 715 Discovery, Suite 205, Cedar Park, Texas 78613 (referred
to herein as the "Title Company") a preliminary title report (referred to herein as the
"Title Report"). A copy of said Title Report is attached hereto as Exhibit "B" and
incorporated herein by reference for all appropriate purposes. By execution of this
Contract, Purchaser approves and accepts said Title Report and all conditions contained
therein.
3.03 Survey. Seller, at Seller's expense, has previously obtained a current plat of the Property
prepared by Margaret A. Nolen, of Baker-Aicklen & Associates, Inc., registered
professional land surveyor, dated October, 2010 (referred to herein as the "Survey"). A
copy of said Survey is attached hereto as Exhibit "A" and incorporated herein by
reference for all appropriate purposes. By execution of this Contract, Purchaser approves
and accepts said Survey and all information shown thereon.
3.04 Environmental Assessment Report. Seller, at Seller's expense, has previously obtained a
current Environmental Assessment Report for the Property prepared by Professional
Service Industries, Inc., environmental specialists, dated September 10, 2010 (referred to
herein as the "Environmental Assessment Report"). The Environmental Assessment
Report is available for viewing and copying during normal business hours at the City of
Round Rock Purchasing Department, City Hall, 221 East Main Street, Round Rock,
Texas 78664. By execution of this Contract, Purchaser approves and accepts said
Environmental Assessment Report.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES OF SELLER
4.01 Seller represents and warrants to Purchaser, as of the Closing Date (as hereinafter
defined), as follows:
(1) Parties in Possession. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers. However, the adjoining
property owner to the east of the Property constructed a fence on a portion of the
Property.
(2) Condemnation. There is no pending or threatened condemnation or similar
proceeding or assessment affecting the Property or any part of it, nor to the best
2
knowledge of Seller is any proceeding or assessment contemplated by any
governmental authority.
(3) Applicable Laws. Seller has complied with all applicable laws, ordinances,
regulations, and restrictions relating to the Property, or any part of it.
(4) Environmental Condition. In this subsection, "Environmental Laws" means the
Resource Conservation and Recovery Act and the Comprehensive Environmental
Response Compensation and Liability Act ("CERCLA") and other federal laws
governing the environment as are in effect on the date of this Contract together
with their implementing regulations and guidelines as of the date of this Contract,
and all state, regional, county, municipal and other local laws, regulations, and
ordinances that are equivalent or similar to the federal laws recited above or that
purport to regulate Hazardous Materials in effect as of the date of this Contract.
(5)
In this subsection, "Hazardous Materials" means any substance which is (i)
designated, defined, classified, or regulated as a hazardous substance, hazardous
material, hazardous waste, pollutant, or contaminant under any Environmental
Law in effect as of the date of this Contract, (ii) petroleum hydrocarbon, including
crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead,
(v) friable asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii)
radioactive materials.
To the best of Seller's knowledge, there has not been any violation of
Environmental Laws related to the Property or the presence or release (other than
as permitted by law) of Hazardous Materials on or from the Property except as
disclosed in the Environmental Assessment Report, or other studies and
information relating to the environmental condition of the Property delivered by
Seller to Purchaser or made available for Purchaser's review.
Effect of Purchaser's Knowledge. Despite anything contained in this Contract to
the contrary, Seller shall have no liability for breaches of any representations,
warranties, or certifications (referred to herein individually as a "Representation"
and collectively as the "Representations") that Seller makes in this Contract or in
any of the documents or instruments required to be delivered by Seller (and
Purchaser shall not bring any lawsuit or other legal action against Seller or pursue
any other remedies against Seller) if, at closing, Purchaser, its officers,
employees, shareholders, members, partners, or agents had knowledge of the
breach by Seller (including, without limitation, knowledge gained by Purchaser or
any such related party in the course of its due diligence as to a fact or
circumstance which, by its nature, indicates that a Representation was or has
become untrue or inaccurate), and Purchaser elects to proceed to close the
transaction contemplated by this Contract. In addition, if any update to Seller's
warranties and representations discloses a matter or circumstance that is material
and adverse to Purchaser and not otherwise permitted under this Contract, Seller
3
shall not be in default under this Contract (unless the representation or warranty
was untrue at the time it was made) and shall have no liability as a result thereof,
and Purchaser's sole right and remedy as a result thereof shall be the right to
terminate this Contract by giving written notice to Seller, and thereupon all
Earnest Money shall be refunded to Purchaser and neither party shall have any
further rights or obligations under this Contract, with the exception of the
Surviving Covenants.
(6) Access to Public Highways. The Property has free access to and from public
highways, streets or roads and, to Seller's best knowledge, there is no pending or
threatened governmental proceeding that would impair or result in the termination
of such access.
ARTICLE V
CLOSING
5.01 The closing will be held at the Title Company on or before thirty (30) days following
Seller's acceptance of Purchaser's offer (referred to herein as the "Closing Date"), and
such closing shall be held at Texas American Title Company, but the parties are not
prohibited by this Contract from mutually agreeing in writing for closing at a different
date, time and/or place.
5.02 At the closing Seller will:
(1) Deliver to Purchaser a properly executed and acknowledged Special Warranty
Deed, substantially in the form attached hereto as Exhibit "C" which is
incorporated herein by reference for all appropriate purposes, and such Special
Warranty Deed shall convey marketable title in fee simple to all of the Property,
free of all liens, encumbrances, conditions, easements, assessments, and
restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due;
(b)
Any exceptions approved by Purchaser in accordance with Article III of
this Contract;
(c) Any exceptions approved by Purchaser in writing; and
(d) The easement rights specifically reserved in the Special Warranty Deed.
(2) Deliver to Purchaser a Texas Owner's Title Policy, at Seller's expense, issued by
the Title Company, in Purchaser's favor in the full amount of the sales price,
insuring Purchaser's fee simple title to the Property subject to the title exceptions
listed above, to any other exceptions approved in writing by Purchaser, and to the
standard printed exceptions contained in the usual form of Texas Owner's Title
Policy, with the following exceptions:
4
(a) The boundary and survey exceptions will be deleted at the expense of
Purchaser;
(b) The exception as to restrictive covenants will be endorsed "None of
Record;" and
(c) The exception as to the lien for taxes will be limited to the year of closing
and will be endorsed "Not Yet Due and Payable."
(3) Deliver to Purchaser possession of the Property, subject to the easement rights
reserved in the Special Warranty Deed.
5.03 At the closing, Purchaser will pay the sales price by cash, wire transfer or certified funds.
5.04 General real estate taxes for the current year relating to the Property, insurance and utility
charges, if any, will be prorated as of the Closing Date and will be adjusted in cash at the
closing. If the closing occurs before the tax rate is fixed for the current year, the
apportionment of taxes will be on the basis of the tax rate for the preceding year applied
to the latest assessed valuation. All special taxes or assessments to the Closing Date will
be paid by Seller.
5.05 All costs and expenses of closing in consummating the sale and purchase of the Property
will paid as follows:
(1) Owner's Title Policy paid by Seller;
(2) Title Company fees paid by each party equally;
(3) Survey paid by Seller;
(4) Filing fees for Special Warranty Deed paid by Purchaser;
(5) Title curative matters, if any, paid by Seller; and
(6) Attorney's fees paid by each party respectively.
ARTICLE VI
REAL ESTATE COMMISSIONS
Each of the parties represents to the other that it has not incurred and will not incur any
liability for brokerage fees or agent's commissions in connection with this Contract.
ARTICLE VII
ESCROW DEPOSIT
7.01 For the purpose of securing the performance of Purchaser under the terms of this
Contract, Purchaser has delivered to the Title Company the sum of One Thousand and
No/100 Dollars ($1,000.00), the Escrow Deposit, which will be paid by the Title
5
Company to Seller in the event Purchaser breaches this Contract as provided in Article IX
of this Contract. At the closing, the Escrow Deposit will be paid over to Seller and
applied to the sales price.
ARTICLE VIII
BREACH BY SELLER
8.01 If Seller fails to fully and timely perform any of its obligations under this Contract or fails
to consummate the sale of the Property for any reason except Purchaser's default,
Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the
Escrow Deposit be returned by the Title Company to Purchaser.
ARTICLE IX
BREACH BY PURCHASER
9.01 In the event Purchaser fails to consummate the purchase of the Property, if Seller is not in
default under this Contract Seller may (1) enforce specific performance of this Contract;
(2) pursue a claim for actual damages, or (3) exercise its right to receive the Escrow
Deposit from the Title Company, as liquidated damages for the failure of Purchaser to
perform the duties imposed on Purchaser by the terms of this Contract. In the event Seller
exercises its right to receive the Escrow Deposit, Seller agrees to accept this cash
payment as total damages and as Seller's only remedy under this Contract in the event of
Purchaser's default.
ARTICLE X
MISCELLANEOUS
10.01 Assignment of Contract. This Contract may not be assigned without the express written
consent of Seller.
10.02 Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a
period of time following the closing of the transactions contemplated by this Contract,
will survive the closing.
10.03 Notice. Any notice required or permitted to be delivered under this Contract will be
deemed received when sent by United States mail, postage prepaid, certified mail/return
receipt requested, addressed to either Seller or Purchaser, as appropriate, at the address
set forth below the signature of that party.
10.04 Texas Law to Apply. This Contract will be construed in accordance with the laws of the
State of Texas, and all obligations of the parties created under this Contract are
performable in Williamson County, Texas. Exclusive jurisdiction and venue shall lie in
Williamson County, Texas.
6
10.05 Parties Bound. This Contract will be binding on and inure to the benefit of the parties
and their respective heirs, executors, administrators, legal representatives, successors and
assigns, as permitted by this Contract.
10.06 Legal Construction. In case any one or more of the provisions contained in this Contract
for any reason is held invalid, this invalidity will not affect any other provision of this
Contract, which will be construed as if the invalid or unenforceable provision had never
existed.
10.07 Prior Contracts Superseded. This Contract constitutes the only agreement of the parties
and supersedes any prior understandings or written or oral agreements between the
parties respecting the subject matter of this Contract.
10.08 Time of Essence. Time is of the essence in this Contract.
10.09 Risk of Loss. Seller will bear the risk of all loss or damage to the premises from all
causes until the Closing Date. If, before the Closing Date, all or part of the premises is
significantly damaged by fire or by any other cause, Seller will promptly notify Purchaser
in writing of this damage. After notice of this significant damage (from Seller or
otherwise), Purchaser will have the option to require Seller to either (i) convey the
premises, on the Closing Date, to Purchaser in its damaged condition and to assign to
Purchaser all of Seller's rights in any claims Seller may have under the insurance policies
covering the premises, or (ii) terminate this Contract by written notice delivered to Seller
with a copy to the Title Company. On receipt of such notice, the Title Company will
promptly refund to purchaser the Escrow Deposit, and this Contract will be void for all
purposes. In the event of such damage, upon Purchaser's request, Seller will immediately
provide Purchaser with a copy of all insurance policies covering the premises. Regardless
of anything contained herein to the contrary, normal wear and tear and minor damage that
can be easily repaired shall not present Purchaser with the option to terminate this
Contract.
10.10 Purchase As Is.
PURCHASER ACKNOWLEDGES THAT PURCHASER HAS BEEN PROVIDED
SUFFICIENT OPPORTUNITY TO INSPECT, EXAMINE, AND INVESTIGATE THE
PROPERTY AND TO REVIEW TITLE AND SURVEY MATTERS RELATED TO THE
PROPERTY, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER
EXPRESSLY SET FORTH IN ARTICLE IV; PURCHASER WARRANTS AND
ACKNOWLEDGES AND AGREES WITH SELLER THAT PURCHASER IS RELYING
SOLELY ON PURCHASER'S OWN INSPECTIONS, EXAMINATIONS, AND
INVESTIGATIONS OF THE PROPERTY IN MAKING THE DECISION TO PURCHASE
THE PROPERTY AND IS ACCEPTING THE PROPERTY IN ITS "AS IS, WHERE IS"
CONDITION "WITH ALL FAULTS" AND DEFECTS AS OF THE CLOSING DATE AND
SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES,
REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO ITS
7
CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, OR
ANY OTHER WARRANTY OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM
OR ON BEHALF OF SELLER, EXCEPT FOR THE REPRESENTATIONS AND
WARRANTIES OF SELLER EXPRESSLY SET FORTH IN ARTICLE IV; SELLER
SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY, OR REPRESENTATION,
ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING (A)
THE VALUE, NATURE, QUALITY, OR CONDITION OF THE PROPERTY, INCLUDING
WITHOUT LIMITATION THE WATER, STRUCTURAL INTEGRITY, SOIL AND
GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY; (C) THE
SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES
WHICH PURCHASER MAY CONDUCT ON THE PROPERTY, INCLUDING THE
POSSIBILITIES FOR FUTURE DEVELOPMENT OF THE PROPERTY; (D) THE
COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS,
RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL
AUTHORITY OR BODY; (E) THE HABITABILITY, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF
THE PROPERTY; (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (G) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; (H) THE
PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER, OR
ADJACENT TO THE PROPERTY OR ANY OTHER ENVIRONMENTAL MATTER OR
CONDITION OF THE PROPERTY; OR (J) ANY OTHER MATTER WITH RESPECT TO
THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR
THE REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN ARTICLE
IV, ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER WITH RESPECT
TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT
SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION
OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE
ACCURACY OR COMPLETENESS OF THAT INFORMATION; SELLER IS NOT LIABLE
OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS,
REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY, OR THE
OPERATION OF THE PROPERTY, FURNISHED BY ANY REAL ESTATE BROKER,
AGENT, EMPLOYEE, SERVANT, OR OTHER PERSON EXCEPT FOR THE EXPRESS
REPRESENTATIONS SET FORTH IN ARTICLE IV. PURCHASER FURTHER
ACKNOWLEDGES THAT PURCHASER IS A SOPHISTICATED AND EXPERIENCED
PURCHASER OF PROPERTIES SUCH AS THE PROPERTY AND HAS BEEN DULY
REPRESENTED BY COUNSEL IN CONNECTION WITH THE NEGOTIATION OF THIS
CONTRACT. SELLER HAS MADE NO AGREEMENT TO ALTER, REPAIR OR IMPROVE
ANY OF THE PROPERTY.
The date of execution of this Contract is the date executed by Seller below.
8
SELLER
City of Round Rock, Texas
By:
Signature:
Alan McGraw, Mayor
Address: 221 East Main Street
Round Rock, TX 78664
Date Signed: , 2010
PURCHASER
. Bake
Address:959 Blue Spring Cove_
Round Rock, Texas 78681
Date Signed:
RECEIPT
Receipt of [ ] copy of Contract and [ ] $1,000 Earnest Money is acknowledged.
Texas American Title Company, Inc.
By:
Date:
9
Escrow Agent
EXHIBIT A
(Survey and Property Description)
10
Round Rock Office
Tract
0225 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.225 ACRE (9,821 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF A CALLED 81 ACRE TRACT
OF LAND AS DESCRIBED IN THAT DEED TO. THE CITY OF ROUND
ROCK AND RECORDED AS TRACT NO. 2 IN VOLUME 447, PAGE 105 OF
THE DEED RECORDS OF SAID COUNTY AND A PORTION OF LIBERTY
AVENUE (80 FOOT RIGHT-OF-WAY WIDTH) AND RECORDED IN
CABINET A, SLIDES 190 - 191 OF THE PLAT RECORDS OF SAID
COUNTY, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a le iron rod found with "Baker-Aicklen" cap for the northwest comer of
Lot 1, Olson Subdivision, a subdivision recorded in Cabinet P, Slide 176 of the Plat Records of
said county, being on the south right-of-way line of Liberty Avenue (80 foot right-of-way width),
for the northeast comer and POINT OF BEGINNING hereof, from which a rh" iron rod found
for the northeast comer of said Lot 1 bears, N 72°35' 00" E (Basis of Bearings) for a distance of
108.00 feet;
THENCE with the west line of said Lot 1, being 80 foot easterly of and parallel with the east
right-of-way line of Interstate Highway No. 35 (right-of-way width varies), S 05° 02' 23" E for a
distance of 153.52 feet to a W' iron rod set with "Baker-Aicklen" cap for the southeast comer
hereof;
THENCE through the interior of said 8.1 acre tract, N 66° 15' 16" W for a distance of
91.28 feet to a rh." iron rod set with "Baker-Aicklen" cap on the west line of said 8.1 acre tract,
Round Rock Office
Tract 1
0/25 Acre Tract
Page 2 of 3
same being the east right-of-way line of said Interstate Highway No. 35, for the southwest comer
hereof;
THENCE with the west line of said 8.1 acre tract, same being the east right-of-way line of said
Interstate Highway No. 35, N 05° 02' 23" W for a distance of 92.01 feet to a !k" iron rod set
with "Baker-Aicklen" cap for the northwest corner hereof;
THENCE in part through the interior of said 8.1 acre tract and the right-of-way of said Liberty
Avenue, N 72° 35' 00" E for a distance of 81.90 feet to the POINT OF BEGINNING and
containing 0.225 acre of land.
Surveyed under the direct supervision of the undersigned during October, 2005:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 244-9620
lob 14o.: 2005-0-005-25
Filename: W:TROIECJS\PATIO HAUSIEXHIBI TIMETES AND BOUNDSIROUND ROCK OFFICE TRACT 1.DOC
SKETCH OF BAKER-AICKLEN ROUND ROCK OFFICE
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DATE: SEPT.. 2005
.108 NO.: 2005-0-000-2S
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SKETCH TO ACCOMPANY DESCRIPTION
CITY OF ROUND ROCK
REMAINDER OF A
CALLED 8.f ACRES
TRACT NO. 2
VOL. 447. PG. 105
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CITY OF ROUND ROCK
REMAINDER OF A
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TRACT NO. 2
VOL. 447, PG. 105
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REMAINDER OF A
CALLED 8.1 ACRES
TRACT NO. 2
VOL. 447. PG. 105
WILEY HARRIS SURVEY,
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SCALE: 1" = 30'
LEGEND
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O 1/2" IRON ROD SET WITH
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Dare OCT.. 2005
JOB NO.: 2005-0-000-25
BY: M. NOLEN
PAGE 3 OF 3
BAKER-AICKLEN
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EXHIBIT B
(Title Report)
11
•
TITLE
RESOURCES
COMMITMENT FOR TITLE INSURANCE
Issued by
Texas American Title Company
File Number 9691-10-1328
We, Title Resources Guaranty Company, will issue our title insurance policy or policies (the
Policy) to You (the proposed insured) upon payment of the premium and other charges due, and
compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form
approved by the Texas Department of insurance at the date of issuance, and will insure your
interest in the land described in Schedule A. The estimated premium for our Policy and
applicable endorsements is shown on Schedule D. There may be additional charges such as
recording fees, and expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued
sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the
express terms of this Commitment and end when this Commitment expires.
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR
NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED
REPRESENTATIVE HAS COUNTERSIGNED BELOW.
Texas American Title Company
n Authorized Signature 7)
Title Resources Guaranty Company
By: PefAA-er %%7'1 --
Vice PresidenUAsst Secretary y/l/
Secretary
Form T-7: Commitment for Title Insurance File Number. 9691-10-1328
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against loss resulting from
certain risks to your title_
The commitment for Title Insurance is the title insurance
company's promise to issue the title insurance policy The
commitment is a legal document. You should review it
carefully to completely understand it before your closing
date.
El seguro de titulo le asegura en relation a perdidas
resultantes de ciertos riesgos que pueden afectar el titulo
de su propiedad.
El Compromiso para Seguro de Titulo es la promesa de la
compaiiia aseguradora de titulos de ernitir la pbliza de
seguro de titulo. El Compromiso es un documento legal
Usted debe leerlo cuidadosamente y entenderlo
completamente antes de la fecha para finalizar su
Iransaccidn.
Your Commitment for Title Insurance is a legal contract between you and us The Commitment is not an opinion or report
of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy ((he Policy), the Title
Insurance Company (the Company) determines whether the title is insurable. This determination has already been made.
Part of that determination involves the Company's decision to insure the title except for certain risks that will not be
covered by the Policy. Some of these risks are listed In Schedule B of the attached Commitment as Exceptions Other
risks are stated in the Policy as Exclusions These risks will not be covered by the Policy.
Minerals and Mineral Rights may not be covered In the Policy. The Company may be unwilling to insure title unless there
is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain
risks involving minerals, and the use of improvements (excluding lawns. shrubbery, and trees) and permanent buildings
may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and
mineral rights. neither (his Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights
related to the surface estate.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being
met Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover
them You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These
matters will affect your title and your use of the land.
When your Policy is issued. the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions. defined
below.
EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance.
Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment They can also
be added if you do not comply with the Conditions section of the Commitment When the Policy is
issued. all Exceptions will be on Schedule B of the Policy
EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the
Policy but not shown or discussed in the Commitment.
CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your
responsibilities and those of the Company. They are contained in the Policy but not shown or
discussed in the Commitment_ The Policy Conditions are not the same as the Commitment
Conditions.
You can get a copy of the policy form approved by the State Board of insurance by calling the Title Insurance Company at
1-800-526-8018 or by calling the title insurance agent that issued the Commitment The State Board of Insurance may
revise the policy form from time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439
Before the Policy is issued, you may request changes in the policy. Some of the changes 10 consider are:
Request amendment of the "area and boundary" exception (Schedule B, paragraph 2) To get this
amendment, you must furnish a survey and comply with other requirements of the Company. On the
Owner Policy. you must pay an additional premium for the amendment If the survey is acceptable to
the Company and If the Company's other requirements are met, your Policy will insure you against
loss because of discrepancies or conflicts in boundary lines. encroachments or protrusions, or
overlapping of improvements. The Company may then decide not to insure against specific boundary
or survey problems by making special exceptions In the Policy. Whether or not you request
amendment of the "area and boundary exception, you should determine whether you want to
purchase and review a survey if a survey is not being provided to you
Allow the Company to add an exception to "rights of parties in possession." if you refuse this
exception, the Company or the title insurance agent may inspect the property The Company may
except to and not insure you against the rights of specific persons. such as renters, adverse owners
or easement holders who occupy the land. The Company may charge you for the inspection If you
want to make your own inspection. you must sign a Waiver of inspection form and allow the Company
to add this exception to your Policy.
Form T-7: Commitment for Title Insurance File Number 9691-10-1328
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless
you want to increase your coverage al a later date and the Company agrees to add an Increased Value Endorsement
CONDITIONS AND STIPULATIONS
1 If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is
not shown in Schedule B, you must notify us in writingIf you do not notify us in writing. our liability to you is ended or
reduced to the extent that your failure to notify us affects our liability. If you do notify us. or we leam of such matter, we
may amend Schedule B, but we will not be relieved of liability already incurred.
2. Our liability Is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our
liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire
the interest in the land Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to
the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions.
IMPORTANT NOTICE
FOR INFORMATION,
OR TO MAKE A COMPLAINT
CALL OUR TOLL-FREE NUMBER
1-800-526-8018
ALSO YOU MAY CONTACT
THE TEXAS DEPARTMENT OF
INSURANCE AT
1-800-252-3439
To obtain information on:
1_ filing a complaint against an Insurance
company or agent
2. whether an insurance company or agent is
licensed,
3. complaints received against an insurance
company or agent,
4. policyholder rights, and
5. a list of consumer publications and services
available through the department
YOU MAY ALSO WRITE TO
THE TEXAS DEPARTMENT OF
INSURANCE
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. 512-475-1771
AVISO IMPORTANTE
PARA INFORMACION, 0 PARA
SOMETER UNA QUEJA LLAME AL
NUMERO GRATIS
1-800-526-8018
TAMBIEN PUEDE COMUNICARSE CON
EL DEPARTAMENTO DE SEGUROS
DE TEXAS AL
1-800-252-3439
para obtener information sobre:
1. como someter una queja en contra de una
compania de seguros o agente de seguros,
2. si una compania de seguros o agente de
seguros tiene Iicencia,
3. quejas recibldas en contra de una
compania de seguros o agente de seguros,
4. los derechos del asegurado, y
5. una lista de publicaciones y servicios para
consumidores disponibles a traves del
departamento.
TAMBIEN PUEDE ESCRIBIR A
DEPARTMENTO DE SEGUROS
DE TEXAS
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. 512-475-1771
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
Title Resources Guaranty Company
SCHEDULE A
GF No 9691-10-1328
Effective Date: October 11, 2010, 8:OOa. m
Issue Date: October 18, 2010
t _ The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Policy Amount: $
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
— ONE -TO -FOUR FAMILY RESIDENCES (Form T-1 R)
Policy Amount: $
PROPOSED INSURED:
(c)
LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T -
2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount: $
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount: $
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is:
Fee Simple
3_ Record title to the land on the Effective Date appears to be vested in:
City of Round Rock, an incorporated City of the State of Texas
4. Legal description of land:
0 225 acre tract of land, more or Tess, out of the WILEY HARRIS SURVEY, ABSTRACT
NO. 298, in Williamson County, Texas, being out of and a portion of that certain 8.1 acre
tract of land described by Quit Claim Deed dated August 10, 1961, recorded in Volume
447, Page 105, Deed Records, Williamson County, Texas. Said 0.225 acre tract is more
particularly described by metes and bounds in Exhibit "A" attached hereto and made a
part hereof.
NOTE: Company is prohibited from insuring the area or quantity of the land described
herein. Any statement in the above legal description of the area or quantity of land is not
Form T-7: Commitment for Title insurance File Number. 9691-10-1328
a representation that such area or quantity is correct, but is made only for informational
and/or identification purposes and does not override Item 2 of Schedule "B" hereof.
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
Exhibit "A"
FOR A 0225 ACRE (9,821 SQUARE F001) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON
COUNTY. TEXAS, BEING A PORTION OF A CALLED 3.1 ACRE TRACT
OF LAND AS DESCRIBED IN THAT DEED TO THE CITY OF ROUND
ROCIC AND RECORDED AS TRACT N0.2 IN VOLUME 447, PAGE 105 OF
THE DEED RECORDS OF SAID COUNTY AND A PORTION OF LIBERTY
AVENUE (80 FOOT RIGHT-OF-WAY WIDTH) AND RECORDED IN
CABINET' A, SLIDES 190 - 191 OF THE PLAT RECORDS OF SAID
COUNTY, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 'A1" iron rod found with "Baker-Aicklen" cap for the northwest comer of
Lot 1, Olson Subdivision, a subdivision recorded in Cabinet P, Slide 176 of the Plat Recotds of
said county, being on the south right-of-way line of Liberty Avenue (80 foot right -of --way 'width),
for the northeast comer and POINT OF BEGINNING hereof, from which a 'h" iron rod found
for the northeast comer of said lot i bears,14 72° 35' 00" E (Basis of Bearings) for a distance of
108.00 feet;
THENCE with the west line of said Lot 1, being 80 foot easterly of and parallel with the east
right-of-way line of Interstate Highway No. 35 (right-of-way width varies), S 05° 02' 23" E for a
distance of 153.52 feet to a 'h" iron rod set with "Baker-Aickien" cap for the southeast comer
hereof;
THENCE through the interior of said 8.1 acre tract, N 66° 15' 16" W for a distance of
91.28 feet to a l" iron rod set with "Baker-Aicklen" cap on the west line of said 8.1 acre tract,
same being the east right-of-way line of said Interstate Highway No, 35, for the southwest comer
hereof;
THENCE with the west line of said 8.1 acre tract, same being the cast right-of-way line of said
Interstate Highway No 35, N 05° 02' 23" W for a distance of 92.01 feet to a lei" iron rod set
with "Baker-Aicklen" cap for the northwest corner hereof;
THENCE in part through the interior of said 8.1 acre tract and the right-of-way of said Liberty
Avenue, N 72° 35' 00" E for a distance of 81.90 feet to the POINT OF BEGINNING and
containing 0_225 acre of land_
Surveyed under the direct supervision of the undersigned during October, 2005:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-AICKLEN & ASSOCIATES, INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 244-9620
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Form T-7: Commitment for Title Insurance File Number. 9691-10-1328
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss,
costs, attorney's fees, and expenses resulting from:
The following restrictive covenants of record itemized below (We must either insert specific recording
data or delete this exception):
ITEM 1 OF SCHEDULE B IS HEREBY DELETED IN ITS ENTIRETY.
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.
(Applies to the Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
governments or other entities,
i) to tidelands, or lands comprising the shores or beds of navigable or perennial
rivers and streams, lakes, bays, gulfs or oceans, or
ii) to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government, or
iii) to filled-in lands, or artificial islands, or
iv) to statutory water rights, including riparian rights, or
v) to the area extending from the line of mean low tide to the line of vegetation, or
the rights of access to that area or easement along and across that area.
vi) (Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2010, 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. (If Texas Short Form Residential
Mortgagee Policy of Title insurance (T -2R) is issued, that policy will substitute "which become due
and payable subsequent to Date of Policy" in lieu of "for the year 2010 and subsequent years.")
6. The terms and conditions of the documents creating your interest in the land_
7. Materials furnished or labor performed in connection with planned construction before signing and
delivering the lien document described in Schedule A, if the land is part of the homestead of the
owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be
deleted if satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage. (Applies to Mortgagee Policy (T-2) only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form
Residential Mortgagee Policy of Title Insurance (T 2R)_ (Applies to Texas Short Form Residential
Mortgagee Policy of Title Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule B
do not apply to the Texas Short From Residential Mortgagee Policy of Title insurance (T -2R).
10. The following matters and alt terms of the documents creating or offering evidence of the matters
(We must insert matters or delete this exception.):
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
A. Rights of Parties in possession. (OWNER POLICY ONLY)
B. Subject to any and all visible and or apparent easements over, under or across subject
property, which a survey or physical inspection may disclose_
C. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the land.
Form T-7: Commitment for Title Insurance File Number. 9691-10-1328
SCHEDULE C
Your Policy will not cover loss, costs, attorneys fees, and expenses resulting from the following
requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these
matters to our satisfaction, before the date the Policy is issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and
filed for record..
2. Satisfactory evidence must be provided that:
no person occupying the land claims any interest in that land against the persons named
in paragraph 3 of Schedule A,
all standby fees, taxes, assessments and charges against the property have been paid,
all improvements or repairs to the property are completed and accepted by the owner,
and that all contractors, sub -contractors, laborers and suppliers have been fully paid, and that no
mechanic's, laborer's or materialmen's liens have attached to the property,
there is legal right of access to and from the land,
(on a Mortgagee Policy only) restrictions have not been and will not be violated that affect
the validity and priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is
filed after the effective date of this Commitment.
5. NOTE: Procedural Rule P-27 as provided for in Article 9.39A of the Texas Insurance Code requires
that "Good Funds" be received and deposited before a Title Agent may disburse from its Trust Fund
Account.
6. NOTE: We find no outstanding liens of record affecting the subject property. Inquiry should be made
concerning the existence of any unrecorded lien or other indebtedness that could arise to any
security interest claim in the subject property.
7. Determine the authority and capacity of the person(s) executing conveyance documents on behalf of
City of Round Rock, an incorporated City of the State of Texas.
8.. NOTE: the earnest money contract you entered into to purchase the land, may provide that the
standard title policy contains an exception as to discrepancies, conflicts, shortages in area or
boundary lines, encroachments or protrusions, or overlapping improvements and that the buyer, at
buyer's expense, may have the exception amended to read "shortages in area", thereby giving you
coverage for those matters.
The Texas title information portion of the commitment for title insurance advises you that your policy
will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments
or protrusions, or overlapping of improvements if you pay additional premium for the coverage.
Amendment of exception, as to area, boundaries, etc. applicable only as provided in Rules P-2 and
P -8.a.(2) — the exception as to areas and boundaries, etc., may be amended in an owner or
mortgagee policy upon payment of an additional premium (in the case only of an owner policy)
therefore equivalent to (1) 15% of the basic rate in an owner policy (T-1) or (2) 5% of the basic rate
in a residential owner policy of title insurance - one -to -four family residences (Form T-1 R), with a
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
minimum premium of $20.00.
9. In addition we require the following: (a). We must be furnished with a properly executed affidavit as to
debts and liens, executed by the Seller(s); (b). We must be furnished with a properly executed
Waiver of Inspection, executed by the Purchaser(s) and/or Borrower(s); (c). This Company shall
follow the rules as set out by the State Board of Insurance in disbursing Funds provided by the
assured and/or insured on Schedule A of this commitment Good Funds, as defined in Rule P-27,
shall be in the possession of this Title Company prior to any disbursements; (d). This file must be
updated within 24 hours prior to closing.
Texas American Title Company
,k-° 19 i)
thorized Officer or Age ( t
This Commitment is invalid unless the insuring provisions and Schedules A, B, and C are
attached.
SEM
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
SCHEDULE D
You are entitled to receive advance disclosure of settlement charges in connection with the
proposed transaction to which this Commitment relates. Upon your request, such disclosure will
be made to you. Additionally, the name of any person, firm, or corporation receiving a portion of
the premium from the settlement of this transaction will be disclosed on the closing or settlement
statement.
You are further advised that the estimated title premium* is:
Owner's Policy
$TBD
Loan Policy
$TBD
Endorsement Charges
$TBD
Other
$0.00
Total
$TBD
Of this amount: $ (or 15%) will be paid to the policy issuing Title Insurance Company; $ (or 85 %)
will be retained by the Title Insurance Agent; and the remainder of the estimated premium will be
paid to other parties as follows:
AMOUNT
TO WHOM
FOR SERVICES
0
0
*The estimated premium is based upon information furnished us as the date of this Commitment
for Title Insurance. Final determination of the amount of the premium will be made at closing in
accordance with the Rules and Regulations adopted by the Commissioner of Insurance.
The following disclosures are made by the Title Insurance Agent issuing this commitment. The
name of the Insurance agent issuing this commitment is Texas American Title Company. The
shareholder owning one percent or more of Texas American Title Company is Title Resource
Group, LLC. The shareholder owning ten percent or more of Title Resource Group, LLC is
Realogy Services Group, LLC. The following individuals are directors and/or officers, as
indicated, of Texas American Title Company:
DIRECTORS
Donald J Casey, Herbert L.
J. Weaving;
OFFICERS
Herb L. Williams, President;
Robert Way, Senior Vice
Secretary.
Williams, Robert Way, Thomas N. Rispoli, Marilyn J. Wasser, David
Donald J. Casey, Executive Vice President and Assistant Secretary;
President and Chief Operating Officer; Brian Ahlquist, Assistant
The issuing Title insurance Company, Tilte Resources Guaranty Company, is a corporation whose shareholders owning
or controlling. directly or indirectly, 10% of said corporation, directors and officers are listed below:
Shareholders: Title Resources Incorporated which is owned 100% by TAW Holding, Inc.
Directors: Donald J. Casey; Thomas N. Rispoli; Anthony Hull; Kim Sobieski; Hilry S. Stroup;
Marilyn J. Wasser; Herb L. Williams
Fomi T-7: Commitment for Title Insurance File Number: 9691-10-1328
Officers: CEO/President, Herb L Williams; Executive Vice President/Treasurer, Anthony E. Hull;
Senior Vice President/General Counsel/Secretary, Michael P. Gozdan; Vice President/Asst.
Secretary, Ernest P. McNutt, Jr.; Vice President, John C. Phillips; Vice President/Asst. Treasurer,
Raymond Reece; Asst. Vice President, Clayton E. Greenberg; Asst. Vice President, Paul Myers;
Asst. Vice President, Wade Thunhorst; Asst. Vice President, Richard Worsham; Senior Vice
President/Chief Operating Officer, Robert Way; Executive Vice President/Assistant Secretary,
Marilyn Wasser
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
Title Resources Guaranty Company
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper
means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate,
you give up your right to take the Title Company to court and your rights to discovery of evidence
may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's
award.
Your policy contains an arbitration provision (shown below). It allows you or the Company
to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain
your right to sue the Company in case of a dispute over a claim, you must request deletion
of the arbitration provision before the policy is issued. You can do this by signing this
form and returning it to the Company at or before the closing of your real estate
transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted
to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title
Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation
with claims or controversies of other persons. 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 in connection with its issuance or the breach of a policy provision, or to
any other controversy or claim arising out of the transaction giving rise to this policy. All
arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured, unless the Insured is an individual person (as
distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.
Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent
jurisdiction."
SIGNATURE DATE
SIGNATURE DATE
9691-10-1328
NAME OF TITLE AGENT GF NUMBER OR FILE NUMBER
Deletion of Arbitration File Number. 9691-10-1328
Privacy Policy Notice
PURPOSE OF THIS NOTICE
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 and Texas American Title 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
Privacy Notice File Number: 9691-10-1328
PAGE 1 OF 3
FEE 1225 0U
TAX CERTIFICATE
PROCESSING SOLUTIONS, INC.
2000 BERING DR STE 1000, 10TH FL
HOUSTON, TX 77057
FAX 713-244-2859
CUST: PROCESSING SOLUTIONS, INC.
ORDER: 9691-10-1328 CLOSER:
BRANCH: 691 CEDAR PARK (691)
ORDER TYPE: A SUBTYPE: R
DATE: 1010812010
CAD ACCOUNT NUMBER SUMMARY
R-379615
SUMMARY OF ALL ACCOUNT(S)
SUMMARY OF CURRENT YEAR SUMMARY OF ALL TAXES DUE
TAX YEAR BASE TAX
DUE 10/10 DUE 11110
WILLIAMSON COUNTY
CITY OF ROUND ROCK
ISO - ROUND ROCK
AUSTIN COMMUNITY COLLEGE
UPPER BRUSHY CREEK WCID
TOTAL TAX
2009
2010
2010
2009
2009
4,218.81
3,410.31
11.278 35
814 50
172 20
19,894.17
0.00
3,410.31
11,278.35
0 00
0 00
14,688.66
0 00
3,410.31
11.278 35
0.00
0.00
14,688.66
"*"'"*"*" COMMENTS ""`"***"" CAUTION """ READ BEFORE CLOSING "*""*""*"
- RATE INCLUDES COUNTY (.459999) FARM/ROAD (.03)
- BOND ELECTION ADDED AUSTIN COMMUNITY COLLEGE TO
ROUND ROCK AREA FOR 2009
- BONDS APPROVED:0 / BONDS ISSUED: 0
BOND INFORMATION UPDATED 9-28-10.
WILLIAMSON COUNTY
AUSTIN COMMUNITY COLLEGE
UPPER BRUSHY CREEK WCID
CAD#
DESC
ACREAGE
SITUS
MAIL
R-379615
OLSON SUB, BLOCK A, LOT 1, ACRES 0.9726 ABST/SUB ID S6798
.972
507 W LIBERTY AVE CRR
959 BLUE SPRING CV ROUND ROCK TX 78681
ASSESSED OWNER(S)
BAKER JOE M
DEED
CRR GWI J01 SRR WO9
PSO/HXC
2004 057777
2010 ASSESSED VALUES
296,562
520,710
817,272
LAND
IMPROVEMENT
TOTAL VALUE
TAX ENTITY INFORMATION
1 WILLIAMSON COUNTY
PAYMENTS AS OF
09/13/2010
904 S MAIN ST GEORGETOWN TX 78626
PHONE 512-943-1603
EXEMPTIONS NONE
YR BASE TAX BASE DUE
09 TAX RATE
W/O EXEMPT
DUE 10/10
0.4899990
4,004.62
DUE 11/10
09 4,218.81
0.00
SUBTOTAL 4,218 81 0.00 0.00 0.00
PAGE2OF3
TAX CERTIFICATE
PROCESSING SOLUTIONS, INC.
2000 BERING DR STE 1000, 10TH FL
HOUSTON, TX 77057
FAX 713-244-2859
GUST: PROCESSING SOLUTIONS, INC.
ORDER: 9691-10-1328 CLOSER:
BRANCH: 691 CEDAR PARK (691)
ORDER TYPE: A SUBTYPE: R
DATE: 10/0812010
CITY OF ROUND ROCK
PAYMENTS AS OF
10/05/2010
COLL BY ISO 1311 ROUND ROCK ROUND ROCK TX 78681
PHONE 512-464-5120
EXEMPTIONS NONE
YR BASE TAX
10
3,410.31
BASE DUE
3,410.31
10 TAX RATE
W/O EXEMPT
DUE 10/10
3,410.31
0.4172800
3,410.31
DUE 11!10
3,410.31
SUBTOTAL
3,410.31
3,410.31
3,410.31
3,410.31
ISD - ROUND ROCK
PAYMENTS AS OF
/0105/2010
1311 ROUND ROCK AVE ROUND ROCK TX 78681
PHONE 512-464-5120
EXEMPTIONS NONE
10 TAX RATE 1 3800000
W/O EXEMPT 11,278..35
YR BASE TAX BASE DUE
10 11,278.35 11,278.35
SUBTOTAL 11,278.35 11,278.35
DUE 10110
11,278.35
DUE 11/10
11,278.35
~ - - 11,278.35
AUSTIN COMMUNITY COLLEGE
PAYMENTS AS OF
09/13/2010
COLL BY WILLIAMSON COUNTY
PHONE 512-943-1603
• EXEMPTIONS NONE
YR BASE TAX
BASE DUE
09 TAX RATE
W/O EXEMPT
DUE 10/10
0 0946000
773.14
DUE 11/10
09
814.50
0.00
*** PAID
SUBTOTAL
814.50
0.00
0.00
0.00
UPPER BRUSHY CREEK WCID
PAYMENTS AS OF
09113/2010
COLL BY WILLIAMSON COUNTY
PHONE 512-943-1603
EXEMPTIONS NONE
YR BASE TAX
BASE DUE
09 TAX RATE
W/O EXEMPT
DUE 10/10
0.0200000
163.45
DUE 11/10
09
172.20
0.00
_ PAID ***
SUBTOTAL
172.20 0 00 0.00 0.00
PAGE 3 OF 3
HOA CERTIFICATE
PROCESSING SOLUTIONS, INC.
2000 BERING DR STE 1000, 10TH FL
HOUSTON, TX 77057
FAX 713-244-2859
CUST: PROCESSING SOLUTIONS, INC. BRANCH: 691 CEDAR PARK (691)
ORDER: 9691-10-1328 CLOSER:
ORDER TYPE: A SUBTYPE: R
DATE: 10/0812010
SELLER BAKER JOE M
BUYER
COUNTY WILLIAMSON
SUBD NAME 1 BLK OLSEN SUBD.
NO HOA FOUND FOR OLSEN SUBD.
DESC
SITUS
•** OUR RESEARCH DOES NOT INDICATE THE EXISTENCE OF AN ""
.*. HOA. PLEASE VERIFY WITH YOUR TITLE REPORT. IF AN ***
""^" HOA IS KNOWN, PLEASE CONTACT DATA TRACE*""
SUMMARY OF ACCOUNT R-379615
OLSON SUB. BLOCK A. LOT 1. ACRES 0 9726 ABST/SUB ID S6798
507 W LIBERTY AVE CRR
EXHIBIT C
(Special Warranty Deed)
12
SPECIAL WARRANTY DEED
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
The CITY OF ROUND ROCK, a Texas home -rule municipality, hereinafter referred to as
Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid by
hereinafter referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged, and for
which no lien (either express or implied) is retained, has this day sold and by these presents does hereby
grant, bargain, sell and convey unto said Grantee all that certain tract or parcel of land lying and being
situated in the County of Williamson, State of Texas, being more particularly described as follows:
0.225 acre tract of land, more or less, out of the Wiley Harris Survey, Abstract no. 298, in
Williamson County, Texas, being out of and a portion of that certain 8.1 acre tract of land
described by Quit Claim Deed dated August 10, 1961, recorded in Volume 447, Page
105, Deed Records, Williamson County, Texas; said 0.225 acre tract is more particularly
described by metes and bounds in Exhibit "A" attached hereto and make.a part hereof,
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other
than liens and conveyances, that affect the property; rights of adjoiningowners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
TO HAVE AND TO HOLD the premises herein described and herein conveyed, together with
all and singular the rights and appurtenances thereto in anywise belonging, unto the Grantee and
his/her/its assigns forever; and Grantor does hereby bind itself and its administrators, successors and
assigns to warrant and forever defend, all and singular, the said premises herein conveyed unto Grantee
and its heirs, administrators, successors and assigns against every person whomsoever lawfully claiming
or to claim the same or any part thereof by, through, or under Grantor, but not otherwise.
IN WITNESS WHEREOF, this instrument is executed on this the day of the month of
, 201^.
THE CITY OF ROUND ROCK, TEXAS, Grantor ATTEST:
By: By:
Alan McGraw, Mayor Sara L. White, City Secretary
Date Signed:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of
201_, by ALAN McGRAW, Mayor of the CITY OF ROUND ROCK, TEXAS, in the capacity and for
the consideration and purposes recited herein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
GRANTOR'S ADDRESS:
City of Round Rock
Round Rock City Hall
221 East Main Street
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
AFTER RECORDING RETURN TO:
Exhibit "A"
FOR A 0 225 ACRE (9,821 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF A CALLED 8.1 ACRE" TRACT
OF LAND AS DESCRIBED IN THAT DEED TO THE CITY OF ROUND
ROCK AND RECORDED AS TRACT NO. 2 IN VOLUME 447, PAGE 105 OP
THE DEED RECORDS OF SAID COUNTY AND A PORTION OF LIBERTY
AVENUE (80 FOOT RIGHT-OF-WAY WIDTH) AND RECORDED IN
CABINET A, SLIDES 190 - 191 OF THE Pf. T RECORDS OF SAID
COUNTY, AS SHOWN ON WE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a W iron rod found with 'Baker-Alcklen" cap for the northwest comer of
Lot I, Olson Subdivision, a subdivision recorded in Cabinet P, Slide 176 of the Plat Records of
said county, being on the south right-of-way line of liberty Avenue (80 foot right-of-way width),
for the northeast comer and E0131T OF BEGINNING hereof, from which a rh" hon rod found
for the northeast comer of said tot 1 bears, N 72°35' 00" E (Basis of Bearings) for a distance of
108.00 feet;
THENCE with the west line of said Lot 1, being 80 foot easterly of and parallel with the cast
right-of-way line of Interstate Highway No. 35 (right-of-way width varies), 8 05° 02' 23" 12 for a
distance of 153,52 feet to a 'h" iron rod set with "Baker-Aicklen" cap for the southeast corner
hereof;
TEIENCE through the interior of said 8.1 acre tract, N 66° 15' 16" W for a distance of
91,28 feet to a ih" iron rod set with "Balker-Aicklen" cap on the west line of said 8.1 acre tract,
same being the cast right-of-way line of said Interstate Highway No. 35, for the southwest comer
hereof;
THENCE with the west line of said 8.1 acre tract, same being the east right-of-way line of said
Interstate Highway No 35, N 05» 07' 23" W for a distance of 92.01 feet to a rh' iron and set
with "Baker-Aicklen" cap for the northwest comer hereof;
THENCE In part through the Interior of said 8.1 acre tract and the right-of-way of said Liberty
Avenue, N 72°35' 00" E for a distance of 81.90 feet to the POINT O)' BEGINNING and
containing 0.225 acre of land.
Surveyed under the direct supervision of the undersigned during October, 2005:
i
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAILER-AICKLBN & ASSOCIATES,INC,
405 Brushy CreekRoad
Cedar Park, Texas 78613
(512) 244-9620
Job
no.: 20QS490115
nienemee WITROI5CTSU'ATIOr1AUSSEMID7METESAHD DOUNDStaOU1 DfOCKOFFirVTAACr1 DOC
Form T-7: Commitment for Title Insurance File Number: 0691-10-1328
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERrfY
Agenda Item No. 1165.
City Council Agenda Summary Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Contract for Sale of Real
Property with Joe M. Baker for the tract of land at 509 W. Liberty.
Meeting Date: February 10, 2011
Department: Finance
Staff Person making presentation: Cheryl Delaney
Finance Director
Item Summary:
This piece of property is excess and the City has no need for it. It would be better for the City to have the property
back on the tax rolls.
Strategic Plan Relevance:
8.0 Maintain and enhance public confidence, satisfaction and trust in City Government.
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
CONTRACT FOR SALE OF REAL PROPERTY
THIS CONTRACT FOR SALE OF REAL PROPERTY (referred to herein as the "Contract") is
made by and between the City of Round Rock, a Texas home -rule municipality, with offices
located at 221 East Main Street, Round Rock, Texas (referred to herein as the "Seller") and the
following:
Joe M. Baker, an individual.
959 Blue Springs Cove
Round Rock, Texas 78664
(referred to herein as the "Purchaser"), on the terms and conditions which are set forth in this
Contract.
ARTICLE I
PURCHASE AND SALE
1.01 Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, that
certain tract of land located at 509 W. Liberty, Round Rock, Williamson County, Texas,
containing 0.225 acres of land and being more particularly described in Exhibit A,
attached hereto and incorporated herein for all purposes.
The real property described above, and any rights or appurtenances thereto, are hereafter
referred to in this Contract as the "Property."
This sale and purchase includes all rights and appurtenances pertaining to the Property,
together with any improvements, fixtures, and personal property situated on and attached
to the Property, but does not include any right, title and interest of Seller in adjacent
streets, alleys or rights-of-way,.
ARTICLE II
SALES PRICE
2.01 Amount and Payment of Sales Price. The sales price will include cash and the
conveyance of a tract of land to the seller.
The cash portion of the Sales Price will be the sum of Nineteen Thousand One Hundred
Forty and 50/100 Dollars ($19,140.50), which will be payable by Purchaser in cash at the
closing.
In addition to the cash portion, Buyer will also convey to Seller the tract of land
containing 15,233 square feet of land shown as "Tract 3" on the sketch attached hereto as
Exhibit A.
00213344.DOC
V=11 -u2 -t0 t 1135
ARTICLE III
PURCHASER'S OBLIGATIONS
3.01 Conditions to Purchaser's Obligations. Purchaser's obligations under this Contract are
subject to Seller complying with all of the covenants, agreements, and conditions
required by this Contract, and the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or before the closing).
3.02 Preliminary Title Report. Seller, at Seller's expense, has previously obtained from Texas
American Title Company, 715 Discovery, Suite 205, Cedar Park, Texas 78613 (referred
to herein as the "Title Company") a preliminary title report (referred to herein as the
"Title Report"). A copy of said Title Report is attached hereto as Exhibit "B" and
incorporated herein by reference for all appropriate purposes. By execution of this
Contract, Purchaser approves and accepts said Title Report and all conditions contained
therein.
3.03 Survey. Seller, at Seller's expense, has previously obtained a current plat of the Property
prepared by Margaret A. Nolen, of Baker-Aicklen & Associates, Inc., registered
professional land surveyor, dated October, 2010 (referred to herein as the "Survey"). A
copy of said Survey is attached hereto as Exhibit "A" and incorporated herein by
reference for all appropriate purposes. By execution of this Contract, Purchaser approves
and accepts said Survey and all information shown thereon.
3.04 Environmental Assessment Report. Seller, at Seller's expense, has previously obtained a
current Environmental Assessment Report for the Property prepared by Professional
Service Industries, Inc., environmental specialists, dated September 10, 2010 (referred to
herein as the "Environmental Assessment Report"). The Environmental Assessment
Report is available for viewing and copying during normal business hours at the City of
Round Rock Purchasing Department, City Hall, 221 East Main Street, Round Rock,
Texas 78664. By execution of this Contract, Purchaser approves and accepts said
Environmental Assessment Report.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES OF SELLER
4.01 Seller represents and warrants to Purchaser, as of the Closing Date (as hereinafter
defined), as follows:
(1) Parties in Possession. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers. However, the adjoining
property owner to the east of the Property constructed a fence on a portion of the
Property.
(2) Condemnation. There is no pending or threatened condemnation or similar
proceeding or assessment affecting the Property or any part of it, nor to the best
2
knowledge of Seller is any proceeding or assessment contemplated by any
governmental authority.
(3) Applicable Laws. Seller has complied with all applicable laws, ordinances,
regulations, and restrictions relating to the Property, or any part of it.
(4) Environmental Condition. In this subsection, "Environmental Laws" means the
Resource Conservation and Recovery Act and the Comprehensive Environmental
Response Compensation and Liability Act ("CERCLA") and other federal laws
governing the environment as are in effect on the date of this Contract together
with their implementing regulations and guidelines as of the date of this Contract,
and all state, regional, county, municipal and other local laws, regulations, and
ordinances that are equivalent or similar to the federal laws recited above or that
purport to regulate Hazardous Materials in effect as of the date of this Contract.
(5)
In this subsection, "Hazardous Materials" means any substance which is (i)
designated, defined, classified, or regulated as a hazardous substance, hazardous
material, hazardous waste, pollutant, or contaminant under any Environmental
Law in effect as of the date of this Contract, (ii) petroleum hydrocarbon, including
crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead,
(v) friable asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii)
radioactive materials.
To the best of Seller's knowledge, there has not been any violation of
Environmental Laws related to the Property or the presence or release (other than
as permitted by law) of Hazardous Materials on or from the Property except as
disclosed in the Environmental Assessment Report, or other studies and
information relating to the environmental condition of the Property delivered by
Seller to Purchaser or made available for Purchaser's review.
Effect of Purchaser's Knowledge. Despite anything contained in this Contract to
the contrary, Seller shall have no liability for breaches of any representations,
warranties, or certifications (referred to herein individually as a "Representation"
and collectively as the "Representations") that Seller makes in this Contract or in
any of the documents or instruments required to be delivered by Seller (and
Purchaser shall not bring any lawsuit or other legal action against Seller or pursue
any other remedies against Seller) if, at closing, Purchaser, its officers,
employees, shareholders, members, partners, or agents had knowledge of the
breach by Seller (including, without limitation, knowledge gained by Purchaser or
any such related party in the course of its due diligence as to a fact or
circumstance which, by its nature, indicates that a Representation was or has
become untrue or inaccurate), and Purchaser elects to proceed to close the
transaction contemplated by this Contract. In addition, if any update to Seller's
warranties and representations discloses a matter or circumstance that is material
and adverse to Purchaser and not otherwise permitted under this Contract, Seller
3
shall not be in default under this Contract (unless the representation or warranty
was untrue at the time it was made) and shall have no liability as a result thereof,
and Purchaser's sole right and remedy as a result thereof shall be the right to
terminate this Contract by giving written notice to Seller, and thereupon all
Earnest Money shall be refunded to Purchaser and neither party shall have any
further rights or obligations under this Contract, with the exception of the
Surviving Covenants.
(6) Access to Public Highways. The Property has free access to and from public
highways, streets or roads and, to Seller's best knowledge, there is no pending or
threatened governmental proceeding that would impair or result in the termination
of such access.
ARTICLE V
CLOSING
5.01 The closing will be held at the Title Company on or before thirty (30) days following
Seller's acceptance of Purchaser's offer (referred to herein as the "Closing Date"), and
such closing shall be held at Texas American Title Company, but the parties are not
prohibited by this Contract from mutually agreeing in writing for closing at a different
date, time and/or place.
5.02 At the closing Seller will:
(1)
Deliver to Purchaser a properly executed and acknowledged Special Warranty
Deed, substantially in the form attached hereto as Exhibit "C" which is
incorporated herein by reference for all appropriate purposes, and such Special
Warranty Deed shall convey marketable title in fee simple to all of the Property,
free of all liens, encumbrances, conditions, easements, assessments, and
restrictions, except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due;
(b) Any exceptions approved by Purchaser in accordance with Article III of
this Contract;
(c) Any exceptions approved by Purchaser in writing; and
(d) The easement rights specifically reserved in the Special Warranty Deed.
(2) Deliver to Purchaser a Texas Owner's Title Policy, at Seller's expense, issued by
the Title Company, in Purchaser's favor in the full amount of the sales price,
insuring Purchaser's fee simple title to the Property subject to the title exceptions
listed above, to any other exceptions approved in writing by Purchaser, and to the
standard printed exceptions contained in the usual form of Texas Owner's Title
Policy, with the following exceptions:
4
(3)
(a) The boundary and survey exceptions will be deleted at the expense of
Purchaser;
(b) The exception as to restrictive covenants will be endorsed "None of
Record;" and
(c) The exception as to the lien for taxes will be limited to the year of closing
and will be endorsed "Not Yet Due and Payable."
Deliver to Purchaser possession of the Property, subject to the easement rights
reserved in the Special Warranty Deed.
5.03 At the closing, Purchaser will pay the sales price by cash, wire transfer or certified funds.
5.04 General real estate taxes for the current year relating to the Property, insurance and utility
charges, if any, will be prorated as of the Closing Date and will be adjusted in cash at the
closing. If the closing occurs before the tax rate is fixed for the current year, the
apportionment of taxes will be on the basis of the tax rate for the preceding year applied
to the latest assessed valuation. All special taxes or assessments to the Closing Date will
be paid by Seller.
5.05 All costs and expenses of closing in consummating the sale and purchase of the Property
will paid as follows:
(1) Owner's Title Policy paid by Seller;
(2) Title Company fees paid by each party equally;
(3) Survey paid by Seller;
(4) Filing fees for Special Warranty Deed paid by Purchaser;
(5) Title curative matters, if any, paid by Seller; and
(6) Attorney's fees paid by each party respectively.
ARTICLE VI
REAL ESTATE COMMISSIONS
Each of the parties represents to the other that it has not incurred and will not incur any
liability for brokerage fees or agent's commissions in connection with this Contract.
ARTICLE VII
ESCROW DEPOSIT
7.01 For the purpose of securing the performance of Purchaser under the terms of this
Contract, Purchaser has delivered to the Title Company the sum of One Thousand and
No/100 Dollars ($1,000.00), the Escrow Deposit, which will be paid by the Title
5
Company to Seller in the event Purchaser breaches this Contract as provided in Article IX
of this Contract. At the closing, the Escrow Deposit will be paid over to Seller and
applied to the sales price.
ARTICLE VIII
BREACH BY SELLER
8.01 If Seller fails to fully and timely perform any of its obligations under this Contract or fails
to consummate the sale of the Property for any reason except Purchaser's default,
Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the
Escrow Deposit be returned by the Title Company to Purchaser.
ARTICLE IX
BREACH BY PURCHASER
9.01 In the event Purchaser fails to consummate the purchase of the Property, if Seller is not in
default under this Contract Seller may (1) enforce specific performance of this Contract;
(2) pursue a claim for actual damages, or (3) exercise its right to receive the Escrow
Deposit from the Title Company, as liquidated damages for the failure of Purchaser to
perform the duties imposed on Purchaser by the terms of this Contract. In the event Seller
exercises its right to receive the Escrow Deposit, Seller agrees to accept this cash
payment as total damages and as Seller's only remedy under this Contract in the event of
Purchaser's default.
ARTICLE X
MISCELLANEOUS
10.01 Assignment of Contract. This Contract may not be assigned without the express written
consent of Seller.
10.02 Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining to a
period of time following the closing of the transactions contemplated by this Contract,
will survive the closing.
10.03 Notice. Any notice required or permitted to be delivered under this Contract will be
deemed received when sent by United States mail, postage prepaid, certified mail/return
receipt requested, addressed to either Seller or Purchaser, as appropriate, at the address
set forth below the signature of that party.
10.04 Texas Law to Apply. This Contract will be construed in accordance with the laws of the
State of Texas, and all obligations of the parties created under this Contract are
performable in Williamson County, Texas. Exclusive jurisdiction and venue shall lie in
Williamson County, Texas.
6
10.05 Parties Bound. This Contract will be binding on and inure to the benefit of the parties
and their respective heirs, executors, administrators, legal representatives, successors and
assigns, as permitted by this Contract.
10.06 Legal Construction. In case any one or more of the provisions contained in this Contract
for any reason is held invalid, this invalidity will not affect any other provision of this
Contract, which will be construed as if the invalid or unenforceable provision had never
existed.
10.07 Prior Contracts Superseded. This Contract constitutes the only agreement of the parties
and supersedes any prior understandings or written or oral agreements between the
parties respecting the subject matter of this Contract.
10.08 Time of Essence. Time is of the essence in this Contract.
10.09 Risk of Loss. Seller will bear the risk of all loss or damage to the premises from all
causes until the Closing Date. If, before the Closing Date, all or part of the premises is
significantly damaged by fire or by any other cause, Seller will promptly notify Purchaser
in writing of this damage. After notice of this significant damage (from Seller or
otherwise), Purchaser will have the option to require Seller to either (i) convey the
premises, on the Closing Date, to Purchaser in its damaged condition and to assign to
Purchaser all of Seller's rights in any claims Seller may have under the insurance policies
covering the premises, or (ii) terminate this Contract by written notice delivered to Seller
with a copy to the Title Company. On receipt of such notice, the Title Company will
promptly refund to purchaser the Escrow Deposit, and this Contract will be void for all
purposes. In the event of such damage, upon Purchaser's request, Seller will immediately
provide Purchaser with a copy of all insurance policies covering the premises. Regardless
of anything contained herein to the contrary, normal wear and tear and minor damage that
can be easily repaired shall not present Purchaser with the option to terminate this
Contract.
10.10 Purchase As Is.
PURCHASER ACKNOWLEDGES THAT PURCHASER HAS BEEN PROVIDED
SUFFICIENT OPPORTUNITY TO INSPECT, EXAMINE, AND INVESTIGATE THE
PROPERTY AND TO REVIEW TITLE AND SURVEY MATTERS RELATED TO THE
PROPERTY, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER
EXPRESSLY SET FORTH IN ARTICLE IV; PURCHASER WARRANTS AND
ACKNOWLEDGES AND AGREES WITH SELLER THAT PURCHASER IS RELYING
SOLELY ON PURCHASER'S OWN INSPECTIONS, EXAMINATIONS, AND
INVESTIGATIONS OF THE PROPERTY IN MAKING THE DECISION TO PURCHASE
THE PROPERTY AND IS ACCEPTING THE PROPERTY 1N ITS "AS IS, WHERE IS"
CONDITION "WITH ALL FAULTS" AND DEFECTS AS OF THE CLOSING DATE AND
SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES,
REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO ITS
7
CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, OR
ANY OTHER WARRANTY OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM
OR ON BEHALF OF SELLER, EXCEPT FOR THE REPRESENTATIONS AND
WARRANTIES OF SELLER EXPRESSLY SET FORTH IN ARTICLE IV; SELLER
SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY, OR REPRESENTATION,
ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING (A)
THE VALUE, NATURE, QUALITY, OR CONDITION OF THE PROPERTY, INCLUDING
WITHOUT LIMITATION THE WATER, STRUCTURAL INTEGRITY, SOIL AND
GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY; (C) THE
SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES
WHICH PURCHASER MAY CONDUCT ON THE PROPERTY, INCLUDING THE
POSSIBILITIES FOR FUTURE DEVELOPMENT OF THE PROPERTY; (D) THE
COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS,
RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL
AUTHORITY OR BODY; (E) THE HABITABILITY, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF
THE PROPERTY; (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (G) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; (H) THE
PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER, OR
ADJACENT TO THE PROPERTY OR ANY OTHER ENVIRONMENTAL MATTER OR
CONDITION OF THE PROPERTY; OR (J) ANY OTHER MATTER WITH RESPECT TO
THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR
THE REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN ARTICLE
IV, ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER WITH RESPECT
TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT
SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION
OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE
ACCURACY OR COMPLETENESS OF THAT INFORMATION; SELLER IS NOT LIABLE
OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS,
REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY, OR THE
OPERATION OF THE PROPERTY, FURNISHED BY ANY REAL ESTATE BROKER,
AGENT, EMPLOYEE, SERVANT, OR OTHER PERSON EXCEPT FOR THE EXPRESS
REPRESENTATIONS SET FORTH IN ARTICLE IV. PURCHASER FURTHER
ACKNOWLEDGES THAT PURCHASER IS A SOPHISTICATED AND EXPERIENCED
PURCHASER OF PROPERTIES SUCH AS THE PROPERTY AND HAS BEEN DULY
REPRESENTED BY COUNSEL IN CONNECTION WITH THE NEGOTIATION OF THIS
CONTRACT. SELLER HAS MADE NO AGREEMENT TO ALTER, REPAIR OR IMPROVE
ANY OF THE PROPERTY.
The date of execution of this Contract is the date executed by Seller below.
8
SELLER
City of Round Rock, Texas
By:
Signature:
Address:
Alan McGraw, Mayor
221 East Main Street
Round Rock, TX 78664
Date Signed: YytV , 201t
PURCHASER
. Bake
Address: 959 Blue Spring Cove
Round Rock, Texas 78681
Date Signed:
RECEIPT
Receipt of [ ] copy of Contract and [ ] $1,000 Earnest Money is acknowledged.
Texas American Title Company, Inc.
By:
Escrow Agent
Date:
9
EXHIBIT A
(Survey and Property Description)
10
Round Rock Office
Tract 1
0225 Acre Tract
Page 1 of 3
DESCRIPTION
FOR A 0.225 ACRE (9,821 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF A CALLED 8 1 ACRE TRACT
OF LAND AS DESCRIBED IN THAT DEED TO THE CITY OF ROUND
ROCK AND RECORDED AS TRACT NO. 2 IN VOLUME 447, PAGE 105 OF
THE DEED RECORDS OF SAID COUNTY AND A PORTION OF LIBERTY
AVENUE (80 FOOT RIGHT-OF-WAY WIDTH) AND RECORDED IN
CABINET A, SLIDES 190 - 191 OF THE PLAT RECORDS OF SAID
COUNTY, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a th" iron rod found with "Baker-Aicklen" cap for the northwest comer of
Lot 1, Olson Subdivision, a subdivision recorded in Cabinet P, Slide 176 of the Plat Records of
said county, being on the south right-of-way line of Liberty Avenue (80 foot right-of-way width),
for the northeast comer and POINT OF BEGINNING hereof, from which a th" iron rod found
for the northeast comer of said Lot 1 bears, N 72°35' 00" E (Basis of Bearings) fora distance of
108.00 feet;
THENCE with the west line of said Lot 1, being 80 foot easterly of and parallel with the east
right-of-way line of Interstate Highway No. 35 (right-of-way width varies), S 05° 02' 23" E for a
distance of 153.52 feet to a 1" iron rod set with "Baker-Aicklen" cap for the southeast corner
hereof;
THENCE through the interior of said 8.1 acre tract, N 66° 15' 16" W for a distance of
91.28 feet to a '/" iron rod set with "Baker-Aicklen" cap on the west line of said 8.1 acre tract,
Round Rock Office
Tract 1
0.225 Acre Tract
Page 2 of 3
same being the east right-of-way line of said Interstate Highway No. 35, for the southwest corner
hereof;
THENCE with the west line of said 8.1 acre tract, same being the east right-of-way line of said
Interstate Highway No. 35, N 05° 02' 23" W for a distance of 92.01 feet to a Ih" iron rod set
with "Baker-Aicklen" cap for the northwest comer hereof;
TAENCE in part through the interior of said 8.1 acre tract and the right-of-way of said Liberty
Avenue, N 72° 35' 00" E for a distance of 81.90 feet to the POINT OF BEGINNING and
containing 0.225 acre of land.
Surveyed under the direct supervision of the undersigned during October, 2005:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKER-ATCKLEN & ASSOCIATES, INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 244-9620
Job No.: 2005-0-005.25
Filename: W:tPROJECTS\PATIO HAU51EX IIBrr`METPS AND BOUNDS\ROUND ROCK OFFICE TRACT 1.DOC
SKETCH OF BAKER-AICKLEN ROUND ROCK OFFICE
(191
80
C.03
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LOT 6, BLOCK 27
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CAB. A. SL10E5 190 - 191
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FLOOD AREA ZCNCAE
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\
CAB. A. SLOES 190 - 191
T 00R0714Y WALSN MUSSON
CALLED 304 ACRE
O TRACT 280
VOL. 643, P0. 551
1 1 CITY OF ROUND ROCK
I REMAINDER OF A
1
CALLED K.1 ACRES
TRACT N0. 2
VOL. 447. PG. 105
II
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1
1
1
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1
SCALE: 1" = 30'
WILLIAMSON COUNTY, TEXAS
x
64.50'23"
2171 OF ROUND ROCK
CALLED 68,708.36 SQUARE FEET
00C. 340. 2000033213
LEGEND
• I/2' IRON ROD FOUND
O I/2' IRON ROD SET WITH
"BAKER-AICKLEN" CAP
IA/ 1LE`l1—JAlti'R1:3
J\l_2Jc3
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97
4.
NUMBER
BEARING
DISTANCE
LI
S 72°32'52" W
19.22'
L2
5 61°20'23' E
27.75'
L3
S 17°30'23' E
20.00'
DATE: SEPT., 2005
JOB NO.: 2005-0-000 -25
BY: M. NOLEN
PAGE I OF I
Li‘
RAKER-AICKLEN
6 ARSOC IA E9. INC
ENGINEERS/SURVEYORS
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SKETCH TO ACCOMPANY DESCRIPTION
CITY OF ROUND ROCK
REMAINDER OF A
CALLED 8.! ACRES
TRACT NO. 2
VOL. 447, PG. 105
0
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M E 81.96
N 7203500
TRACT 1
0.225 ACRE
(8,821 SQ. FT.)
CITY OF ROUND ROCK
REMAINDER OF A
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TRACT NO. 2
VOL. 447, PG. J05
N
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(80 A Sys
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O 1/2" IRON ROD SET WITH
"BAKER-A!CKLEN" CAP
DATE: OCT.. 2005
JOB NO.: 2005-0-000-23
BY: M. NOLEN
PAGE 3 OF 3
!IPA
BAKER-AICKLEN
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EXHIBIT B
(Title Report)
11
TITLE
RESOURCES
COMMITMENT FOR TITLE INSURANCE
Issued by
Texas American Title Company
File Number 9691-10-1328
We, Title Resources Guaranty Company, will issue our title insurance policy or policies (the
Policy) to You (the proposed insured) upon payment of the premium and other charges due, and
compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form
approved by the Texas Department of Insurance at the date of issuance, and will insure your
interest in the land described in Schedule A. The estimated premium for our Policy and
applicable endorsements is shown on Schedule D. There may be additional charges such as
recording fees, and expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued
sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the
express terms of this Commitment and end when this Commitment expires.
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR
NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED
REPRESENTATIVE HAS COUNTERSIGNED BELOW.
Texas American Title Company
•
(.4),(c..", (toy et,0
/An Authorized Signature
Title Resources Guaranty Company
By: Pcu-`-P 727
Vice President/Asst Secretary
Arlo,
Secretary
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
TEXAS TITLE INSURANCE INFORMATiON
Title insurance insures you against loss resulting from
certain risks to your title_
The commitment for Title Insurance Is the title insurance
company's promise to issue the title insurance policy The
commitment is a legal document. You should review it
carefully to completely understand it before your closing
date..
El seguro de tituto le asegura en relation a perdidas
resultantes de ciertos riesgos que pueden afectar el tituto
de su propiedad.
El Compromiso para Segura de Titulo es la promesa de la
compania aseguradora de titutos de emitir la poliza de
seguro de tituto. EI Compromiso es un documento legal
listed debe teerio cuidadosamente y enlenderlo
completamente antes de la fecha para finalizar su
transaction.
Your Commitment for Title Insurance is a legal contract between you and us The Commitment is not an opinion or report
of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements.
Before issuing a Commitment for Title insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title
Insurance Company (the Company) determines whether the title is insurable. This determination has already been made.
Part of that determination involves the Company's decision to insure the title except for certain risks that will not be
covered by the Policy. Some of these risks are listed In Schedule B of the attached Commitment as Exceptions Other
risks are stated in the Policy as Exclusions These risks will not be covered by the Policy.
Minerals and Mineral Rights may not be covered in the Policy. The Company may be unwilling to insure title unless there
is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain
risks involving minerals, and the use of improvements (excluding lawns. shrubbery, and trees) and permanent buildings
may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and
mineral rights. neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights
related to the surface estate..
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being
met Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover
them You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These
matters will affect your title and your use of the land.
When your Policy is issued. the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions. defined
below.
EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance.
Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment They can also
be added if you do not comply with the Conditions section of the Commitment When the Policy is
issued. all Exceptions will be on Schedule B of the Policy
EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the
Policy but not shown or discussed in the Commitment.
CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your
responsibilities and those of the Company. They are contained in the Policy but not shown or
discussed in the Commitment. The Policy Conditions are not the same as the Commitment
Conditions.
You can get a copy of the policy form approved by the State Board of Insurance by cailing the Title Insurance Company at
1-800-526-8018 or by calling the title insurance agent that issued the Commitment The State Board of Insurance may
revise the policy form from time to time.
You can also get a brochure that explains the poficy from the Texas Department of Insurance by calling 1-800-252-3439
Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are:
Request amendment of the 'area and boundary' exception (Schedule B, paragraph 2) To get this
amendment, you must furnish a survey and comply with other requirements of the Company. On the
Owner Policy. you must pay an additional premium for the amendment If the survey is acceptable to
the Company and if the Company's other requirements are met, your Policy will insure you against
loss because of discrepancies or conflicts in boundary lines. encroachments or protrusions, or
overlapping of improvements. The Company may then decide not to insure against specific boundary
or survey problems by making special exceptions in the Policy. Whether or not you request
amendment of the area and boundary" exception, you should determine whether you want to
purchase and review a survey if a survey is not being provided to you
Allow the Company to add an exception to "rights of parties in possession." If you refuse this
exception, the Company or the title insurance agent may inspect the property The Company may
except to and not insure you against the rights of specific persons. such as renters, adverse owners
or easement holders who occupy the land. The Company may charge you for the inspection If you
want to make your own inspection. you must sign a Waiver of inspection form and allow the Company
to add this exception to your Policy.
Form T-7: Commitment for Title insurance File Number. 9691-10-1328
The entire premium far a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless
you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement
CONDITIONS AND STIPULATIONS
1 If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is
not shown in Schedule B, you must notify us in writing. If you do not notify us in writing. our liability to you is ended or
reduced to the extent that your failure to notify us affects our liability. If you do notify us. or we learn of such matter, we
may amend Schedule B, but we will not be relieved of liability already incurred.
2 Our liability Is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our
liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire
the interest in the land Our liability is limited to the amount shown In Schedule A of this Commitment and will be subject to
the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions.
IMPORTANT NOTICE
FOR INFORMATION,
OR TO MAKE A COMPLAINT
CALL OUR TOLL-FREE NUMBER
1-800-526-8018
ALSO YOU MAY CONTACT
THE TEXAS DEPARTMENT OF
INSURANCE AT
1-800-252-3439
To obtain information on:
1_ filing a complaint against an insurance
company or agent
2. whether an insurance company or agent is
licensed,
3. complaints received against an insurance
company or agent,
4. policyholder rights, and
5. a list of consumer publications and services
available through the department
YOU MAY ALSO WRITE TO
THE TEXAS DEPARTMENT OF
INSURANCE
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO.. 512-475-1771
AVISO IMPORTANTE
PARA INFORMACION, 0 PARA
SOMETER UNA QUEJA LLAME AL
NUMERO GRATIS
1-800-526-8018
TAMBIEN PUEDE COMUNICARSE CON
EL DEPARTAMENTO DE SEGUROS
DE TEXAS AL
1-800-252-3439
para obtener informacion sobre:
1. como someter una queja en contra de una
compania de seguros o agente de seguros,
2. si una compania de seguros o agente de
seguros tiene licencia,
3. quejas recibidas en contra de una
compania de seguros o agente de seguros,
4. los derechos del asegurado, y
5. una lista de publicaciones y servicios para
consumidores disponibles a traves del
departamento.
TAMBIEN PUEDE ESCRIBIR A
DEPARTMENTO DE SEGUROS
DE TEXAS
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX NO. 512-475-1771
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
Title Resources Guaranty Company
SCHEDULE A
GF No 9691-10-1328
Effective Date: October 11, 2010, 8:OOa. m
Issue Date: October 18, 2010
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
Policy Amount: $
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
— ONE -TO -FOUR FAMILY RESIDENCES (Form T-1 R)
Policy Amount: $
PROPOSED INSURED:
(c)
LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T -
2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount: $
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount: $
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is:
Fee Simple
3_ Record title to the land on the Effective Date appears to be vested in:
City of Round Rock, an incorporated City of the State of Texas
4. Legal description of land:
0 225 acre tract of land, more or less, out of the WILEY HARRIS SURVEY, ABSTRACT
NO. 298, in Williamson County, Texas, being out of and a portion of that certain 8.1 acre
tract of land described by Quit Claim Deed dated August 10, 1961, recorded in Volume
447, Page 105, Deed Records, Williamson County, Texas. Said 0.225 acre tract is more
particularly described by metes and bounds in Exhibit "A" attached hereto and made a
part hereof.
NOTE: Company is prohibited from insuring the area or quantity of the land described
herein. Any statement in the above legal description of the area or quantity of land is not
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
a representation that such area or quantity is correct, but is made only for informational
and/or identification purposes and does not override Item 2 of Schedule "B" hereof.
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
Exhibit "A"
FOR A 0225 ACRE (9,821 SQUARE FOOT) TRACT OF LAND SITUATED
IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF A CALLED 8.1 ACRE TRACT
OF LAND AS DESCRIBED IN THAT DEED TO THE CITY OF ROUND
ROCK AND RECORDED AS TRACT NO. 2 IN VOLUME 447, PAGE 105 OF
THE DEED RECORDS OF SAID COUNTY AND A PORTION OF LIBERTY
AVENUE (80 FOOT RIGHT-OF-WAY WIDTH) AND RECORDED IN
CABINET A, SLIDES 190 - 191 OF THE Pt.AT RECORDS OF SAID
COUNTY, AS SHOWN ON THE ACCOMPANYING SKETCH, 1S MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found with "Baker-Aicklen" cap for the northwest comer of
Lot 1, OIson Subdivision, a subdivision recorded in Cabinet P, Slide 176 of the Plat Records of
said county, being on the south right -of --way line of Liberty Avenue (80 foot right-of-way width),
for the northeast corner and POINT OF BEGINNING hereof, from which a /" iron rod found
for the northeast comer of said lot 1 bears, N 72°35' 00" E (Basis of Bearings) fora distance of
108.00 feet;
THENCE with the west line of said Lot 1, being 80 foot easterly of and parallel with the east
right-of-way line of Interstate Highway No. 35 (right-of-way width varies), S 05° 02' 23" F for a
distance of 153.52 feet to a '/" iron rod set with "Baker-Aicklen" cap for the southeast comer
hereof;
THENCE through the interior of said 8.1 acne tract, N 66° 15' 16" W for a distance of
91.28 feet to a 1/" iron rod set with "Baker-Aicklen" cap on the west line of said 8.1 acre tract,
same being the east right -of --way line of said Interstate Highway No, 35, for the southwest corner
hereof;
THENCE with the west line of said 8.1 acre tract, same being the east right-of-way line of said
Interstate Highway No 35, N 05° 02' 23" W for a distance of 9201 feet to a 1/2" iron rod set
with "Baker-Aicklen" cap for the northwest corner hereof;
THENCE in part through the interior of said 8.1 acre tract and the right-of-way of said Liberty
Avenue, N 72° 35' 00" E for a distance of 81.90 feet to the POINT OF BEGINNING and
cantaining 0.225 acre of land_
Surveyed under the direct supervision of the undersigned during October, 2005:
rrr-
Margaret A. Nolen
Registered Pmfessiona1 Land Surveyor No. 5589
BAKER-AICICLEN & ASSOCIATES, INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 244-9620
Jab No. 2W541-003.25
Rename W:.PROJECiSU'ATIO 1HAUSIEKRTEIT\\iETrS AND BOUNDS'ROUND ROCK OFFICE TRACT 1 DOC
Form T-7: Commitment for Title insurance File Number. 9691-10-1328
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss,
costs, attorney's fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording
data or delete this exception):
ITEM 1 OF SCHEDULE B IS HEREBY DELETED IN ITS ENTIRETY.
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.
(Applies to the Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
governments or other entities,
i) to tidelands, or lands comprising the shores or beds of navigable or perennial
rivers and streams, lakes, bays, gulfs or oceans, or
ii) to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government, or
iii) to filled-in lands, or artificial islands, or
iv) to statutory water rights, including riparian rights, or
v) to the area extending from the line of mean low tide to the line of vegetation, or
the rights of access to that area or easement along and across that area.
vi) (Applies to the Owner Policy only..)
5. Standby fees, taxes and assessments by any taxing authority for the year 2010, 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. (If Texas Short Form Residential
Mortgagee Policy of Title Insurance (T -2R) is issued, that policy will substitute "which become due
and payable subsequent to Date of Policy' in lieu of "for the year 2010 and subsequent years.")
6. The terms and conditions of the documents creating your interest in the land..
7. Materials furnished or labor performed in connection with planned construction before signing and
delivering the lien document described in Schedule A, if the land is part of the homestead of the
owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be
deleted if satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage. (Applies to Mortgagee Policy (T-2) only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form
Residential Mortgagee Policy of Title Insurance (T -2R).. (Applies to Texas Short Form Residential
Mortgagee Policy of Title Insurance (T -2R) only. Separate exceptions 1 through 8 of this Schedule B
do not apply to the Texas Short From Residential Mortgagee Policy of Title Insurance (T -2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters
(We must insert matters or delete this exception.):
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
A. Rights of Parties in possession. (OWNER POLICY ONLY)
B. Subject to any and all visible and or apparent easements over, under or across subject
property, which a survey or physical inspection may disclose..
C. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the land.
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
SCHEDULE C
Your Policy will not cover foss, costs, attorneys fees, and expenses resulting from the following
requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these
matters to our satisfaction, before the date the Policy is issued:
1 Documents creating your title or interest must be approved by us and must be signed, notarized and
filed for record..
2. Satisfactory evidence must be provided that:
no person occupying the land claims any interest in that land against the persons named
in paragraph 3 of Schedule A,
all standby fees, taxes, assessments and charges against the property have been paid,
all improvements or repairs to the property are completed and accepted by the owner,
and that all contractors, sub -contractors, laborers and suppliers have been fully paid, and that no
mechanic's, laborer's or materialmen's liens have attached to the property,
there is legal right of access to and from the land,
(on a Mortgagee Policy only) restrictions have not been and will not be violated that affect
the validity and priority of the insured mortgage.
You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is
filed after the effective date of this Commitment,
5. NOTE: Procedural Rule P-27 as provided for in Article 9.39A of the Texas Insurance Code requires
that "Good Funds" be received and deposited before a Title Agent may disburse from its Trust Fund
Account
6_ NOTE: We find no outstanding liens of record affecting the subject property. Inquiry should be made
concerning the existence of any unrecorded lien or other indebtedness that could arise to any
security interest claim in the subject property.
7. Determine the authority and capacity of the person(s) executing conveyance documents on behalf of
City of Round Rock, an incorporated City of the State of Texas.
8.. NOTE: the earnest money contract you entered into to purchase the land, may provide that the
standard title policy contains an exception as to discrepancies, conflicts, shortages in area or
boundary lines, encroachments or protrusions, or overlapping improvements and that the buyer, at
buyer's expense, may have the exception amended to read "shortages in area", thereby giving you
coverage for those matters.
The Texas title information portion of the commitment for title insurance advises you that your policy
will insure you against foss because of discrepancies or conflicts in boundary lines, encroachments
or protrusions, or overlapping of improvements if you pay additional premium for the coverage.
Amendment of exception, as to area, boundaries, etc. applicable only as provided in Rules P-2 and
P -8.a.(2) — the exception as to areas and boundaries, etc., may be amended in an owner or
mortgagee policy upon payment of an additional premium (in the case only of an owner policy)
therefore equivalent to (1) 15% of the basic rate in an owner policy (T-1) or (2) 5% of the basic rate
in a residential owner policy of title insurance - one -to -four family residences (Form T -1R), with a
Form 7-7: Commitment for Title Insurance File Number: 9691-10-1328
minimum premium of $20.00.
9. In addition we require the following: (a). We must be furnished with a properly executed affidavit as to
debts and liens, executed by the Seller(s); (b). We must be furnished with a properly executed
Waiver of Inspection, executed by the Purchaser(s) and/or Borrower(s); (c). This Company shall
follow the rules as set out by the State Board of Insurance in disbursing Funds provided by the
assured and/or insured on Schedule A of this commitment Good Funds, as defined in Rule P-27,
shall be in the possession of this Title Company prior to any disbursements; (d). This file must be
updated within 24 hours prior to closing.
Texas American Title Company
PY_e/kik-a,_ 1'2
thorized Officer or Age t
This Commitment is invalid unless the insuring provisions and Schedules A, B, and C are
attached.
SEM
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
SCHEDULE D
You are entitled to receive advance disclosure of settlement charges in connection with the
proposed transaction to which this Commitment relates. Upon your request, such disclosure will
be made to you. Additionally, the name of any person, firm, or corporation receiving a portion of
the premium from the settlement of this transaction will be disclosed on the closing or settlement
statement.
You are further advised that the estimated title premium* is:
Owner's Policy
$TBD
Loan Policy
$TBD
Endorsement Charges
$TBD
Other
$0.00
Total
$TBD
Of this amount: $ (or 15%) will be paid to the policy issuing Title Insurance Company; $ (or 85 %)
will be retained by the Title Insurance Agent; and the remainder of the estimated premium will be
paid to other parties as follows:
AMOUNT
TO WHOM
FOR SERVICES
0
0
*The estimated premium is based upon information furnished us as the date of this Commitment
for Title Insurance. Final determination of the amount of the premium will be made at closing in
accordance with the Rules and Regulations adopted by the Commissioner of Insurance.
The following disclosures are made by the Title Insurance Agent issuing this commitment. The
name of the insurance agent issuing this commitment is Texas American Title Company. The
shareholder owning one percent or more of Texas American Title Company is Title Resource
Group, LLC . The shareholder owning ten percent or more of Title Resource Group, LLC is
Realogy Services Group, LLC. The following individuals are directors and/or officers, as
indicated, of Texas American Title Company:
DIRECTORS
Donald J Casey, Herbert L. Williams, Robert Way, Thomas N. Rispoli, Marilyn J. Wasser, David
J. Weaving;
OFFICERS
Herb L. Williams, President; Donald J. Casey, Executive Vice President and Assistant Secretary;
Robert Way, Senior Vice President and Chief Operating Officer; Brian Ahlquist, Assistant
Secretary.
The issuing Title Insurance Company, Title Resources Guaranty Company, is a corporation whose shareholders owning
or controlling. directly or indirectly, 10% of said corporation, directors and officers are listed below:
Shareholders: Title Resources Incorporated which is owned 100% by TAW Holding, Inc.
Directors: Donald J. Casey; Thomas N. Rispoli; Anthony Hull; Kim Sobieski; Hilry S. Stroup;
Marilyn J. Wasser; Herb L. Williams
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
Officers: CEO/President, Herb L_ Williams; Executive Vice President/Treasurer, Anthony E. Hull;
Senior Vice President/General Counsel/Secretary, Michael P. Gozdan; Vice President/Asst.
Secretary, Ernest P. McNutt, Jr.; Vice President, John C. Phillips; Vice President/Asst. Treasurer,
Raymond Reece; Asst. Vice President, Clayton E. Greenberg; Asst. Vice President, Paul Myers;
Asst_ Vice President, Wade Thunhorst; Asst. Vice President, Richard Worsham; Senior Vice
President/Chief Operating Officer, Robert Way; Executive Vice President/Assistant Secretary,
Marilyn Wasser
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328
Title Resources Guaranty Company
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner Policy)
Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper
means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate,
you give up your right to take the Title Company to court and your rights to discovery of evidence
may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's
award.
Your policy contains an arbitration provision (shown below). It allows you or the Company
to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain
your right to sue the Company in case of a dispute over a claim, you must request deletion
of the arbitration provision before the policy is issued. You can do this by signing this
four and returning it to the Company at or before the closing of your real estate
transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted
to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title
Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation
with claims or controversies of other persons. 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 in connection with its issuance or the breach of a policy provision, or to
any other controversy or claim arising out of the transaction giving rise to this policy. All
arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured, unless the Insured is an individual person (as
distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.
Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent
jurisdiction."
SIGNATURE DATE
SIGNATURE DATE
9691-10-1328
NAME OF TITLE AGENT GF NUMBER OR FILE NUMBER
Deletion of Arbitration File Number. 9691-10-1328
Privacy Policy Notice
PURPOSE OF THIS NOTICE
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 and Texas American Title Company .
We may collect nonpublic personal information about you from the following sources:
•
•
others
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
• 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
Privacy Notice File Number: 9691-10-1328
PAGE 1 OF 3
FEE Li:L5. Liu
TAX CERTIFICATE
PROCESSING SOLUTIONS, INC.
2000 BERING DR STE 1000, 10TH FL
HOUSTON, TX 77057
FAX 713-244-2859
COST: PROCESSING SOLUTIONS, INC. BRANCH: 691 CEDAR PARK (691)
ORDER: 9691-10-1328 CLOSER:
ORDER TYPE: A SUBTYPE: R
DATE: 10/0812010
CAD ACCOUNT NUMBER SUMMARY
R-379615
SUMMARY OF ALL ACCOUNT(S)
SUMMARY OF CURRENT YEAR SUMMARY OF ALL TAXES DUE
TAX YEAR BASE TAX
DUE 10/10 DUE 11/10
WILLIAMSON COUNTY
CITY OF ROUND ROCK
ISD - ROUND ROCK
AUSTIN COMMUNITY COLLEGE
UPPER BRUSHY CREEK WCID
TOTAL TAX
2009 4,218.81
2010 3,410..31
2010 11.278 35
2009 814 50
2009 172 20
19,894.17
0.00
3,410.31
11,278.35
0 00
0 00
14,688.66
0 00
3,410.31
11.278 35
0.00
0.00
14,688.66
k----"""" COMMENTS "kr' CAUTION kA"". -..A• READ BEFORE CLOSING '
WILLIAMSON COUNTY
AUSTIN COMMUNITY COLLEGE
UPPER BRUSHY CREEK WCID
- RATE INCLUDES COUNTY (.459999) FARM/ROAD (.03)
- BOND ELECTION ADDED AUSTIN COMMUNITY COLLEGE TO
ROUND ROCK AREA FOR 2009
- BONDS APPROVED:0 / BONDS ISSUED: 0
BOND INFORMATION UPDATED 9-28-10.
CAN R-379615
DESC OLSON SUB, BLOCK A, LOT 1, ACRES 0.9726 ABST/SUB ID S6798
ACREAGE .972
SITUS 507 W LIBERTY AVE CRR DEED 2004 057777
CRR GWI J01 SRR W09
PSO/HXC
MAIL 959 BLUE SPRING CV ROUND ROCK TX 78681
ASSESSED OWNER(S)
BAKER JOE M
2010 ASSESSED VALUES
296,562
520,710
817,272
LAND
IMPROVEMENT
TOTAL VALUE
TAX ENTITY INFORMATION
WILLIAMSON COUNTY
904 S MAIN ST GEORGETOWN TX 78626
PHONE 512-943-1603
EXEMPTIONS NONE
PAYMENTS AS OF
09 TAX RATE
W/O EXEMPT
09/13/2010
0.4899990
4,004.62
YR BASE TAX BASE DUE DUE 10/10 DUE 11/10
09 4,218.81 0.00 "__ PAID `"
SUBTOTAL 4,218 81 0.00 0.00 0.00
PAGE 2 OF 3
TAX CERTIFICATE
PROCESSING SOLUTIONS, INC.
2000 BERING DR STE 1000, 10TH FL
HOUSTON, TX 77057
FAX 713-244-2859
GUST: PROCESSING SOLUTIONS, INC.
ORDER: 9691-10-1328 CLOSER:
BRANCH: 691 CEDAR PARK (691)
ORDER TYPE: A SUBTYPE: R
DATE: 1010812010
CITY OF ROUND ROCK
COLL BY ISD 1311 ROUND ROCK ROUND ROCK TX 78681
PHONE 512-464-5120
EXEMPTIONS NONE
PAYMENTS AS OF
10/05/2010
YR BASE TAX BASE DUE
10 TAX RATE
W10 EXEMPT
10 3,410.31 3,410.31
ISD - ROUND ROCK
SUBTOTAL 3,410.31 3,410.31
PAYMENTS AS OF
0.4172800
3,410,31
DUE 10/10 DUE 11/10
3,410.31 3,410.31
3,410.31 3,410.31
10/05/2010
1311 ROUND ROCK AVE ROUND ROCK TX 78681
PHONE 512-464-5120
EXEMPTIONS NONE
10 TAX RATE
W/0 EXEMPT
YR BASE TAX BASE DUE DUE 10/10
10 11,278.35 11,278.35 11,278.35
SUBTOTAL 11,278.35 11,278.35 11,278.35
1 3800000
11,278..35
DUE 11/10
11,278.35
11,278.35
I AUSTIN COMMUNITY COLLEGE
PAYMENTS AS OF
09/13/2010
COLL BY WILLIAMSON COUNTY
PHONE 512-943-1603
EXEMPTIONS NONE
09 TAX RATE 0 0946000
W/O EXEMPT 773.14
YR BASE TAX BASE DUE DUE 10110 DUE 11/10
09 814.50 0.00 *** PAID **"
SUBTOTAL 814.50 0.00 0.00 0.00
UPPER BRUSHY CREEK WCID
PAYMENTS AS OF
09/13/2010
COLL BY WILLIAMSON COUNTY
PHONE 512-943-1603
EXEMPTIONS NONE
YR BASE TAX BASE DUE
._. _. 09 172.20 _...0:00.
SUBTOTAL 172.20 0 00
09 TAX RATE
W/O EXEMPT
0.0200000
163 45
DUE 10/10 DUE 11/10
""` PAID **"
0.00 0.00
PAGE 3 OF 3
HOA CERTIFICATE
PROCESSING SOLUTIONS, INC.
2000 BERING DR STE 1000, 10TH FL
HOUSTON, TX 77057
FAX 713-244-2859
CUST: PROCESSING SOLUTIONS, INC. BRANCH: 691 CEDAR PARK (691)
ORDER: 9691-10-1328 CLOSER:
ORDER TYPE: A SUBTYPE: R
DATE: 10/08/2010
SELLER BAKER JOE M
BUYER
COUNTY WILLIAMSON
SUBD NAME / BLK OLSEN SUED..
NO HOA FOUND FOR OLSEN SUBD.
*** OUR RESEARCH DOES NOT INDICATE THE EXISTENCE OF AN ***
*** HOA. PLEASE VERIFY WITH YOUR TITLE REPORT. IF AN ***
*** HOA IS KNOWN, PLEASE CONTACT DATA TRACE***
SUMMARY OF ACCOUNT R-379615
DESC OLSON SUB. BLOCK A. LOT 1. ACRES 0 9726 ABST/SUB 1D S6798
SITUS 507 W LIBERTY AVE CRR
EXHIBIT C
(Special Warranty Deed)
12
SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
The CITY OF ROUND ROCK, a Texas home -rule municipality, hereinafter referred to as
Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid by
hereinafter referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged, and for
which no lien (either express or implied) is retained, has this day sold and by these presents does hereby
grant, bargain, sell and convey unto said Grantee all that certain tract or parcel of land lying and being
situated in the County of Williamson, State of Texas, being more particularly described as follows:
0.225 acre tract of land, more or less, out of the Wiley Harris Survey, Abstract no. 298, in
Williamson County, Texas, being out of and a portion of that certain 8.1 acre tract of land
described by Quit Claim Deed dated August 10, 1961, recorded in Volume 447, Page
105, Deed Records, Williamson County, Texas; said 0.225 acre tract is more particularly
described by metes and bounds in Exhibit "A" attached hereto and make a part hereof.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements and rights-of-way of record; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other
than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; and any encroachments or overlapping of improvements.
TO HAVE AND TO HOLD the premises herein described and herein conveyed, together with
all and singular the rights and appurtenances thereto in anywise belonging, unto the Grantee and
his/her/its assigns forever; and Grantor does hereby bind itself and its administrators, successors and
assigns to warrant and forever defend, all and singular, the said premises herein conveyed unto Grantee
and its heirs, administrators, successors and assigns against every person whomsoever lawfully claiming
or to claim the same or any part thereof by, through, or under Grantor, but not otherwise.
IN WITNESS WHEREOF, this instrument is executed on this the day of the month of
, 201
THE CITY OF ROUND ROCK, TEXAS, Grantor ATTEST:
By: By:
AIan McGraw, Mayor Sara L. White, City Secretary
Date Signed:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of the month of ,
201_, by ALAN McGRAW, Mayor of the CITY OF ROUND ROCK, TEXAS, in the capacity and for
the consideration and purposes recited herein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
GRANTOR'S ADDRESS:
City of Round Rock
Round Rock City Hall
221 East Main Street
Round Rock, Texas 78664
GRANTEE'S ADDRESS:
AFTER RECORDING RETURN TO:
Exhibit "A"
FOR A 0225 ACRE (9,821 SQUARE FOOT) TRACT OP LAND SITUATED
IN THE 1VILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON
COUNTY, TEXAS, BEANO A PORTION OF A CALLED 8.1 ACRE TRACT
OF LAND AS DESCRIBED IN THAT DEED TO THE CITY OF ROUND
ROCK AND RECORDED AS TRACT NO. 2 IN VOLUME 447, PAGE 105 OF
THE DEED RECORDS OP SAID COUNTY AND A PORTION OF LIBERTY
AVENUE (80 FOOT RIGHT-OF-WAY WIDTH) AND RECORDED IN
CABIN1T A, SLIDES 190 - 191 OF THE PLAT RECORDS OF SAID
COUNTY, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 'A" iron rod found with "Baker-Aicklen" cap for the northwest comer of
Lot 1, Olson Subdivision, a subdivision recorded in Cabinet P, Slide 176 of the Plat Records of
said county, being on the south right-of-way line of Liberty Avenue (80 foot right -of --nay width),
for the northeast comer and POINT OF BEGINNING hereof, from which a rh" iron rod found
for the northeast comer of said lot I bears, N 72°35' 00" E (Basis of Bearings) fora distance of
108.00 feet;
THENCE with the west line of said Lot 1, being 80 foot easterly of and parallel with the east
right-of-way line of Interstate Highway No. 35 (right-of-way width varies), S 05° 02' 23" i; for a
distance of 153,52 feet to a l" iron rod set with "Baker-Aicklen" cap for the southeast comer
hereof;
THENCE through the interior of said 8.1 acre tract, N 66° 15' 16" W for a distance of
91.28 feet to a t/" iron rod set with °Baker-Aicklen" cap on the west line of said 8.1 acre tract,
same being the east right-of-way line of said Interstate Highway No. 35, for the southwest corner
hereof;
THENCE with the west line of said 8.1 acre tract, same being the cast right-of-way line of said
Interstate Highway No 35,1105° 02' 23" W fbr a distance of 92.01 feet to a lb" iron rod set
with "Baker-Aicklen" cap for the northwest comer hereof;
Ts3ENC'1; in part through the Inferior of said 8.1 acre tract and the right-of-way of said Liberty
Avenue, N 72°35' 00" E for a distance of 81.90 feet to the POINT 01? BEGINNING and
containing 0.225 acre of land.
Surveyed under the direct supervision of the undersigned daring October, 2005:
Margaret A. Nolen
Registered Professional Land Surveyor No. 5589
BAKCBR-AICICLEN & ASSOCIATES,TNC,
405 Brushy Crack Road
Cedar Park, Texas 78613
(512) 244-9620
rob oto. 21:05-0-00.5-25
Filename! W;'J'fOreCTs1PA71O UAUSAE)OlDrr\ME[ES AND DOUJmStnOUND itOCK OFFICE TaACr 1 DOC
Form T-7: Commitment for Title Insurance File Number: 9691-10-1328