R-13-12-05-H5 - 12/5/2013RESOLUTION NO. R -13-12-05-H5
WHEREAS, the City desires to acquire a fee simple interest in the tract of land described in
Exhibit "A" to the Possession and Use Agreement for the Reconstruction of Round Rock Avenue
Project, and
WHEREAS, Georgetown Title Company, Inc., the owner of the property ("Owner"), has
agreed to allow possession of said property to the City, 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 Possession
and Use Agreement with Owner, for the use of the above described property, a copy of said agreement
being attached hereto as Exhibit "A" and incorporated herein for all purposes.
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 5th day of December, 2013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Qsn,jiL. fnUll&
SARA L. WHITE, City Clerk
0112.1304;00287440
r EXHIBIT
J
POSSESSION AND USE AGREEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
WHEREAS, GEORGETOWN TITLE COMPANY, INC., hereinafter referred to as
"GRANTOR", whether one or more, is the owner of that certain piece, parcel or tract of land in
Williamson County, Texas, being more particularly described by metes and bounds in Exhibit
"A", which is attached hereto and made a part hereof; and
WHEREAS, ROUND ROCK, TEXAS, " GRANTEE", plans to acquire a fee simple
interest in the tract(s) of land described in Exhibit "A", whether through contract and conveyance
or through eminent domain proceedings; and
WHEREAS, the GRANTEE must have possession of said -described tract of land for the
purposes described below,
Reconstruction of Round Rock Avenue ("Project").
NOW THEREFORE, BE IT KNOWN:
That in consideration of the payment of TWO HUNDRED FIFTY-TWO THOUSAND
AND 00/100 Dollars ($252,000.00), which amount represents 90% of the City's appraised value
of the Property to be acquired, GRANTOR has GRANTED and CONVEYED and by these
presents does GRANT and CONVEY unto the GRANTEE, its employees, agents and assigns an
irrevocable right -of -entry, possession, and construction easement, with the right of exclusive
possession over, upon, and across those tracts of land described in Exhibit "A".
GRANTOR warrants and represents by, through, and under the GRANTOR, but not
otherwise, that the title to the Property is free and clear of all liens and encumbrances on the title
to the Property, or that any necessary and proper releases will be executed for the Property prior
to or simultaneously with the first payment of funds being disbursed under this agreement. The
GRANTOR further agrees to indemnify the GRANTEE from all unreleased or undisclosed liens,
claims or encumbrances that are known to GRANTEE and that affect the Property.
It is expressly agreed, acknowledged, and understood that the consideration paid
hereunder shall be credited against, applied towards, and offset from any consideration to be paid
in satisfaction of an agreed purchase price under a contract and conveyance or in satisfaction of
the award of the Special Commissioners or subsequent judgment in any condemnation
proceeding for the acquisition of the property interests described in Exhibit "A", and any other
real property situated on Exhibit "A" or on the remainder property adjacent to Exhibit "A" to be
acquired from GRANTOR. The minimum purchase price shall be $280,000.00.
It is expressly agreed, acknowledged, and understood that the easements, rights, and
privileges herein granted are assignable and shall be used by the GRANTEE, its employees,
agents, contractors and assigns, for the purposes of entering upon the above-described property,
Possession and Usc Agreement (00286514) (2)
before the closing of the contemplated real estate transaction or the acquisition of title through
condemnation, and proceeding with surveying, site review and analysis, utility relocation, actual
construction on the Project, and all manner of preparation and work attendant thereto. Utility
relocation, if any, shall include, but not be limited to, the relocation of water and wastewater
lines, electrical lines, cable television lines, telephone lines, gas lines, and their attendant
facilities from the existing roadway right-of-way on the property described in Exhibit "A".
The GRANTEE, its employees, agents, and assigns shall have the full and exclusive right
to control and use the above-described tracts, including the right to erect and maintain fencing
and traffic and pedestrian control and devices and signs, the right to clear trees and vegetation,
and the right to excavate, trench, fill, and grade the real property itself and the right to remove
any and all improvement and structures.
At no time during the possession of the property by GRANTEE for the purposes
described herein shall GRANTOR be denied reasonable access and/or ingress to or egress from
the remaining property.
The easement, rights, and privileges herein granted shall automatically terminate upon
the contemplated closing of the above-described real estate transaction or the rendition of a final
judgment in condemnation proceedings. However, this grant shall survive the termination of any
purchase contract agreement and shall also survive any institution of condemnation proceedings.
The parties further agree as follows:
1. That by virtue of the granting of permission to the GRANTEE to take possession of the
Property in accordance with this Agreement, GRANTOR does not waive any legal rights
or defenses under the Constitution of the United States, the Constitution and Statutes of
the State of Texas or any other provisions of the law that GRANTOR may have in
connection with the acquisition of any rights to the Property by the GRANTEE.
2. That this Right of Entry, Possession, and Construction Easement is irrevocable by
GRANTOR but only valid until sixty (60) business days after the filing of a Special
Commissioners' award in the Cause. Thereafter, continued possession, if at all, will be
pursuant to a deposit of a Special Commissioners' award according to Texas law
governing possession in a statutory eminent domain case.
3. The date of valuation for purposes of determining the value of the just compensation for
the Property to be acquired shall be the date of final execution of this Agreement by all of
the parties.
4. This Agreement shall be binding upon the heirs, devisees, executors, administrators, legal
representatives, successors and assigns of the parties. Specifically, Grantor's heirs,
devisees, executors, administrators, legal representatives, successors or assigns are bound
by terms of this agreement which state that the consideration paid hereunder to Grantor
shall be credited against, applied towards, and offset from any consideration to be paid in
satisfaction of an agreed purchase price under a contract and conveyance or in
2.
satisfaction of the award of the Special Commissioners or subsequent judgment in any
condemnation proceeding for the acquisition of the property described herein, whether
said Grantor is or is not the owner of said property, now or in the future.
5. The easement, right, and privileges granted herein are exclusive, and GRANTOR
covenants that it will not convey any other easement or conflicting rights within the area
covered by this grant. This grant shall be binding upon legal representatives, successors,
and assigns of GRANTOR for the term of this grant.
6. GRANTEE agrees that it will not take possession of the Property for the purposes set out
in this easement prior to January 31, 2014. GRANTOR shall fully vacate the Property,
including the removal of any personal property desired to be retained by GRANTOR, on
or before January 31, 2014.
7. GRANTOR agrees to notify any tenants on the Property to vacate the Property as soon as
possible pursuant to Texas law. Notice to vacate shall be provided within three days after
the execution of this Agreement.
8. GRANTEE and GRANTOR agree that both parties will undertake all reasonable efforts
to hold a special commissioners' hearing within ninety (90) days after the GRANTOR
asks for a special commissioners' hearing to be scheduled. Any award that exceeds
$280,000.00 will be deposited in the registry of the court within twenty (20) days
following the award made by the special commissioners. If the compensation issue is
settled through negotiations, a fixed date for receipt of the additional funds, if any, will be
agreed upon as part of the negotiation process.
9. GRANTOR agrees to deposit the $252,000.00 into an escrow account at Georgetown
Title Company. This sum shall remain in escrow until a final purchase price is negotiated
between the parties or until the Special Commissioners' award is finalized.
TO HAVE AND TO HOLD the possession of the above-described tracts of land for the
purposes and subject to the limitations described above, and GRANTOR warrants that he knows
of no persons or business entity owns a present possessory interest in the fee title to the above-
described premises other than GRANTOR, and that there are no parties in possession of any
portion of the referenced real property as lessees other than identified herein.
[signature page follows]
3.
Executed this the 13th day of November, 2013.
GRANTOR:
OWN TITLE COMP
Mike Cumberland, President
Address: 702 Rock Street
Georgetown, TX 78626
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
, INC.
This instrument was acknowledged before me on this thekl‘." day of November, 2013 by
Mike Cumberland, President, in the capacity and for the purposes and consideration recited
herein.
Notary Public, State '["%e.tQS
Printed Name: (.;,,,ick a 2ncct Gv
My Commission Expires:
GRANTEE:
ROUND ROCK, TEXAS
By:
Alan McGraw
Mayor
4.
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the day of
20 , by Alan McGraw, Mayor of Round Rock, Texas, in the capacity and for the purposes and
consideration recited herein.
After recording, return to:
Charles Crossfield
Sheets & Crossfield
309 East Main St.
Round Rock, Texas 78664
5.
Notary Public, State of
Printed Name:
My Commission Expires:
.
NOTICE
Prepared by the State Bar of Texas for use by Lawyers only.
To raker rhe pope? form, fill In U.,k +p en, Mar out km provision on Sure
rpec4l tenni con,NNtes the make of kw. No 'tradxd fins*" an meet 4.11
requirements.
:vol 682 PA&E213
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2544
That FRANKLIN SAVINGS ASSOCIATION
KNOW ALL. MEN BY THESE PRESENTS:
of the County of Travis and State of Texas for and
In consideration of the sum of Ten and No/100 DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein homed, the receipt of
which is hereby acknowledged, and the further consideration of the execution and delivery by
grantee of its one certain promissory note of even date herewith, in the principal
sun of Thirty—Seven Thousand Six Hundred Dollars (37,600.00), payable to the order
of grantor in monthly installments and bearing interest *a therein provided, containing
the usual clauses providing for acceleration of maturity and for attorney's fees,
the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of
trust of evendate herewith to Charles A. Beets Trustee,
have GRANTED. SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
GEORGETOWN TITLE CO., INC.
of the County of Williamson and State of Texan , all of the following described real
property in Williamson County, Texas, to -wit:
•
Austin Data Inc. GT AD111555 WM 1977002544.001
p ckte b f 2
}�45( Z a$ 2.—
•
X.
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ivo 682 acE2121
Lot No. Five (5), Lot No. Six (6), and
Lot No. Seven (7), Block Twenty -Three (23),
a subdivision in Williamson County, Texas,
according to the map or plat thereof of record.
in Volume 2, Page 36, Plat Records of Williamson
County, Texas
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the said grantee , its successors ]{$jgeand assigns
es • and assigns
forever; and it do/hereby bind itself, its successors/
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , its
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through or under it but not otberwiae.
But it is expressly agreed that the VENDOR'S LEEN, as well as. the Superior Title in and to the above
described premises, is retained against the above described property, premises and Improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
This conveyance is made expressly subject to all eaamencs'and valid restrictions
of record in the Office of the County Clerk of Williamson County, Texas, affecting the
title to the above described property.
EXECUTED this day of September
,A.D. 19 77
tot NkIA sevui r1 ASS N J,
ea A. Bette, President
(Corporate acknowledgment)
s THE STATE OF TEXAS i
! ' COUNTY OF :,,WILLT4MSON• l
``(( • C• �S l� /'t rTS
Beford t t then shed wlho ' , on this da :Tonally appeaed C K ul r F
G'TV..0' : of Fie/Wet/4/ .��//1%l S . 3-00 1,17,0.)
��E,S/D
a eorporYtbd ;.krlotJg:to•mcw be the perwn whose nems U subscribed to the foregoing instrument, a d acknowledged to me that
' he executed the gif le for the purposes ana consideration therein expressed, in the capacity therein slated and as the act and deed at
slid corpot+Nonhv :? ` .'
i Given under pix hyna and seal of office on this the gj
day of Sap .. ber n' A. D. 199777
- .. County, Texas.
**Noi°ubUc in and for
THE STATE OF ::111-+
County of WWln '(Lr5kk Cervenka, Clerk of the County Court of said County, do hereby certify
that the fonaoing Ddu m of too writing 1th Ib oertWcete of authenik.tlen, was filed ter record Ie ray office
en the.. Xth.._, ..fsy ot......_g.Pt.,. ;,,.,...h D. 93.7.. et.._ ; : 03 a eime._P...x., sad deb recorded ense
uw..........2th..1iaki a. .septi ./CD. Is 7Z, .t. 9:3Q MYloeb Ala. in the
.. ;./ ;•'`)213
..... _.__..i�BL�..__:..,G......aL._...._�.._1r......... __.. Aetortfa of said County. in Yot. �:�� pp
wrrtniSi
]j4IDS ynd,aal w
the County Court of sad County, at Miles in Georgetown, T., •
• the date
Sy DICK CL'RYLNICA. CLICKXCourt, ,WnBaauon County...ream
Austin Data Inc. GT ADI11555 WM 1977002544.002
City of Round Rock
Agenda Item Summary
Agenda Number: H.5
Title:
Type:
Governing Body:
Agenda Date:
Dept Director:
Cost:
Indexes:
Attachments:
Department:
Consider a resolution authorizing the Mayor to execute a Possession and
Use Agreement with Georgetown Title Company, Inc. for the
Reconstruction of Round Rock Avenue Project.
Resolution
City Council
12/5/2013
Gary Hudder, Transportation Director
$252,000.00
RR Transportation and Economic Development Corporation (Type B)
Resolution, Exhibit A, 212 Round Rock Ave Appraisal
Transportation Department
Text of Legislative File 13-948
The Southwest Downtown Phase 5 project will construct a roundabout at the current
intersection of Round Rock Avenue and Blair Street, allowing for the establishment of a
connection between the east and west portions of Main Street. Subsequently, it has been
determined that the property located at 212 Round Rock Avenue must be acquired to
accommodate the roundabout and associated improvements.
An appraisal was conducted for this property by Paul Hornsby and Company, which
assessed the value at $280,000.00. In discussions with the owners of this property,
Georgetown Title Company, they expressed an interest in exchanging property with the City
rather than an outright purchase. As of this date a suitable and agreeable property has not
been identified to utilize in an exchange; therefore, in order to allow the City to move
forward with the roadway project a Possession and Use Agreement was drafted . This
document gives the City the rights to enter the property and construct the road project while
the details of any land exchange are being negotiated. In exchange, the City must post in
escrow 90% of the appraised value, or $252,000.00. These funds will either go toward the
eventual purchase of the property, or all or a portion of the funds will be returned to the City
if a suitable property for exchange is identified and successfully negotiated. The ongoing
discussions between the property owners and the city are amicable and should result in a
positive outcome for both parties. The current tenants of the subject property have been
involved in the discussions and are in the process of identifying a new location within the
city. We have jointly agreed to a vacate date of January 31, 2014, so that the impending
construction can move forward on schedule.
City of Round Rock Page 1 Printed on 1213/2013
Agenda Item Summary Continued (13-948)
Approval of this Possession and Use Agreement will allow the City to move forward with
Southwest Downtown Phase 5 project.
COST: $252,000.00
SOURCE OF FUNDS: ROUND ROCK TRANSPORTATION AND DEVELOPMENT
CORPORATION
Staff recommends approval.
City of Round Rock Page 2 Printed on 12/3/2013
EXECUTED
ORIGINAL
DOCUMEN1S
FOLLOW
POSSESSION AND USE AGREEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
WHEREAS, GEORGETOWN TITLE COMPANY, INC., hereinafter referred to as
"GRANTOR", whether one or more, is the owner of that certain piece, parcel or tract of land in
Williamson County, Texas, being more particularly described by metes and bounds in Exhibit
"A", which is attached hereto and made a part hereof; and
WHEREAS, ROUND ROCK, TEXAS, " GRANTEE", plans to acquire a fee simple
interest in the tract(s) of land described in Exhibit "A", whether through contract and conveyance
or through eminent domain proceedings; and
WHEREAS, the GRANTEE must have possession of said -described tract of land for the
purposes described below,
Reconstruction of Round Rock Avenue ("Project").
NOW THEREFORE, BE IT KNOWN:
That in consideration of the payment of TWO HUNDRED FIFTY-TWO THOUSAND
AND 00/100 Dollars ($252,000.00), which amount represents 90% of the City's appraised value
of the Property to be acquired, GRANTOR has GRANTED and CONVEYED and by these
presents does GRANT and CONVEY unto the GRANTEE, its employees, agents and assigns an
irrevocable right -of -entry, possession, and construction easement, with the right of exclusive
possession over, upon, and across those tracts of land described in Exhibit "A".
GRANTOR warrants and represents by, through, and under the GRANTOR, but not
otherwise, that the title to the Property is free and clear of all liens and encumbrances on the title
to the Property, or that any necessary and proper releases will be executed for the Property prior
to or simultaneously with the first payment of funds being disbursed under this agreement. The
GRANTOR further agrees to indemnify the GRANTEE from all unreleased or undisclosed liens,
claims or encumbrances that are known to GRANTEE and that affect the Property.
It is expressly agreed, acknowledged, and understood that the consideration paid
hereunder shall be credited against, applied towards, and offset from any consideration to be paid
in satisfaction of an agreed purchase price under a contract and conveyance or in satisfaction of
the award of the Special Commissioners or subsequent judgment in any condemnation
proceeding for the acquisition of the property interests described in Exhibit "A", and any other
real property situated on Exhibit "A" or on the remainder property adjacent to Exhibit "A" to be
acquired from GRANTOR. The minimum purchase price shall be $280,000.00.
It is expressly agreed, acknowledged, and understood that the easements, rights, and
privileges herein granted are assignable and shall be used by the GRANTEE, its employees,
agents, contractors and assigns, for the purposes of entering upon the above-described property,
Possession and Use Agreement (00286514) (2)
before the closing of the contemplated real estate transaction or the acquisition of title through
condemnation, and proceeding with surveying, site review and analysis, utility relocation, actual
construction on the Project, and all manner of preparation and work attendant thereto. Utility
relocation, if any, shall include, but not be limited to, the relocation of water and wastewater
lines, electrical lines, cable television lines, telephone lines, gas lines, and their attendant
facilities from the existing roadway right-of-way on the property described in Exhibit "A".
The GRANTEE, its employees, agents, and assigns shall have the full and exclusive right
to control and use the above-described tracts, including the right to erect and maintain fencing
and traffic and pedestrian control and devices and signs, the right to clear trees and vegetation,
and the right to excavate, trench, fill, and grade the real property itself and the right to remove
any and all improvement and structures.
At no time during the possession of the property by GRANTEE for the purposes
described herein shall GRANTOR be denied reasonable access and/or ingress to or egress from
the remaining property.
The easement, rights, and privileges herein granted shall automatically terminate upon
the contemplated closing of the above-described real estate transaction or the rendition of a final
judgment in condemnation proceedings. However, this grant shall survive the termination of any
purchase contract agreement and shall also survive any institution of condemnation proceedings.
The parties further agree as follows:
1. That by virtue of the granting of permission to the GRANTEE to take possession of the
Property in accordance with this Agreement, GRANTOR does not waive any legal rights
or defenses under the Constitution of the United States, the Constitution and Statutes of
the State of Texas or any other provisions of the law that GRANTOR may have in
connection with the acquisition of any rights to the Property by the GRANTEE.
2. That this Right of Entry, Possession, and Construction Easement is irrevocable by
GRANTOR but only valid until sixty (60) business days after the filing of a Special
Commissioners' award in the Cause. Thereafter, continued possession, if at all, will be
pursuant to a deposit of a Special Commissioners' award according to Texas law
governing possession in a statutory eminent domain case.
3. The date of valuation for purposes of determining the value of the just compensation for
the Property to be acquired shall be the date of final execution of this Agreement by all of
the parties.
4. This Agreement shall be binding upon the heirs, devisees, executors, administrators, legal
representatives, successors and assigns of the parties. Specifically, Grantor's heirs,
devisees, executors, administrators, legal representatives, successors or assigns are bound
by terms of this agreement which state that the consideration paid hereunder to Grantor
shall be credited against, applied towards, and offset from any consideration to be paid in
satisfaction of an agreed purchase price under a contract and conveyance or in
2.
satisfaction of the award of the Special Commissioners or subsequent judgment in any
condemnation proceeding for the acquisition of the property described herein, whether
said Grantor is or is not the owner of said property, now or in the future.
5. The easement, right, and privileges granted herein are exclusive, and GRANTOR
covenants that it will not convey any other easement or conflicting rights within the area
covered by this grant. This grant shall be binding upon legal representatives, successors,
and assigns of GRANTOR for the term of this grant.
6. GRANTEE agrees that it will not take possession of the Property for the purposes set out
in this easement prior to January 31, 2014. GRANTOR shall fully vacate the Property,
including the removal of any personal property desired to be retained by GRANTOR, on
or before January 31, 2014.
7. GRANTOR agrees to notify any tenants on the Property to vacate the Property as soon as
possible pursuant to Texas law. Notice to vacate shall be provided within three days after
the execution of this Agreement.
8. GRANTEE and GRANTOR agree that both parties will undertake all reasonable efforts
to hold a special commissioners' hearing within ninety (90) days after the GRANTOR
asks for a special commissioners' hearing to be scheduled. Any award that exceeds
$280,000.00 will be deposited in the registry of the court within twenty (20) days
following the award made by the special commissioners. If the compensation issue is
settled through negotiations, a fixed date for receipt of the additional funds, if any, will be
agreed upon as part of the negotiation process.
9. GRANTOR agrees to deposit the $252,000.00 into an escrow account at Georgetown
Title Company. This sum shall remain in escrow until a final purchase price is negotiated
between the parties or until the Special Commissioners' award is finalized.
TO HAVE AND TO HOLD the possession of the above-described tracts of land for the
purposes and subject to the limitations described above, and GRANTOR warrants that he knows
of no persons or business entity owns a present possessory interest in the fee title to the above-
described premises other than GRANTOR, and that there are no parties in possession of any
portion of the referenced real property as lessees other than identified herein.
[signature page follows]
3.
Executed this the 13th day of November, 2013.
GRANTOR:
OWN TITLE COMP
Mike Cumberland, President
Address: 702 Rock Street
Georgetown, TX 78626
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
, INC.
This instrument was acknowledged before me on this the 133r14 day of November, 2013 by
Mike Cumberland, President, in the capacity and for the purposes and consideration recited
herein.
,401P7P% LINDA BOYD GRAVES
��. ��
�* ��, ;:Notary Public, State of Texas
;,y,,, i‘ c My Commission Expires
'•�',, of :••' SEPTEMBER 21, 2015
Notary Public, State '-p€- a S
Printed Name: L,,Adi a. UocAcc Got.V �s
My Commission Expires:
GRANTEE:
ROUND ROCK, TEXAS
By:
Alan McGraw
Mayor
4.
STATE OF TEXAS
COUNTY OF WILLIAMSON }� �y��n ((,,,,,,,,� _
This instrument was acknowledged before me on this the VJ day of T K,C+i ti /V ,
20 , by Alan McGraw, Mayor of Round Rock, Texas, in the capacity and for the purposes and
consideration recited herein.
After recording, return to:
Charles Crossfield
Sheets & Crossfield
309 East Main St.
Round Rock, Texas 78664
SARA LEIGH WHITE
MY COMMISSION EXPIRES
July 11,2016
5.
cow-- 60 -
Notary Public, State of 'f, 14-'
Printed Name:
My Commission Expires: ,i4
a•
NOTICE
Prepared by the State Bar of Texas for use by Lawyers only.
To Meet the proper Joan. fill in blank spaces, mike out form provisoes oe smart
:peal rem eon:Mrute, rhe Freda. of kw. No Irtenderd fan" an weer ell
requbrments.
r_.•. , • -_-:t :.
:voc 682 PACE213
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
COUNTY OF WILLIAMS. ON
2544. }
That FRANKLIN SAVINGS ASSOCIATION
KNOW ALL MEN BY THESE PRESENTS:
of the County of Travis and State of Texas for and
in consideration of the sum of Ten and No/100 DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named. the receipt of
which is hereby acknowledged, and the further consideration of the execution and delivery by
grantee of its one certain promissory note of even date herewith, in the principal
sum o£ Thirty—Seven Thousand Six Hundred Dollars (37,600.00), payable to the order
of grantor in monthly installments and bearing interest aa therein provided, containing
the usual clauses providing for acceleration of maturity and for attorney's fees,
the payment of which note is secured by the vendor's lien herein retained, And is additionally secured by a deed of
trust of even.date herewith to Charles A. Bette
Trustee,
have CRANTF.D, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
GEORGETOWN TITLE CO., INC.
of the County of Williamson and State of Texas , all of the following described real
property in Williamson County, Texas, to -wit:
Austin Data Inc. GT ADI11555 WM 1977002544.001
Pqv 1b fZ
4._ Ivor! 682 PACE211
x.
.Q
r TO HAVE AND TO HOLD the above described promises, together with all end' singular the rights and
appurtenances thereto inanywise belonging unto the said grantee , its successors tai and assigns
and assigns
forever; and it do/hereby bind itself, its successors/ Heatirpiscuartcavgastbasdraktimaaartatats
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee . its
i -
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through or under it but not otherwise.
But it is expressly agreed that the VENDOR'S LIEN, as well as. the Superior Title in and to the above
described promises, is retained against the above described -property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
Lot No. Five (5), Lot No. Six (6), and
Lot No..Seven (7), Block Twenty—Three (23),
a subdivision in Williamson County, Texas,
according to the map or plat thereof of record.
in Volume 2, Page 36, Plat Records of Williamson
County, Texas
This conveyance is made expressly subject to all easements'and valid restrictions
of record in the Office of the County Clerk of Williamson County, Texas, affecting the
title to the above described property.
EXECUTED this day of September
, A. D. 19 77
tree A. Bette, President
(Corporate acknowledgment)
THE STATE OF TEXAS i
COUNTY OF .•, WILLI ISON f /gyp
Befor6,010heuap6 ghsd authority, on this day personally appeared C /Vn e £S f\ . RE r rs
, of f,0Ar/tl /it/ 5,4-1/i t/l s . sSo e iA7,0,) '
��sio 7'
a eorporhbe'; •krioiJg;to•rrieso be the person whose name is subscribed to the foregoing instrument, a d acknowledged to me that
he executed the rune for the purposes ana consideration therein. expressed, In the capacity therein stated and as the act and deed of
1std corporstiopR .
Given undif rRX grata and nal of office on this the day of Sep . A. D.1977
bUc In and for J County, Texas.
THE STATE OF TE A8 t:
County of wWlatnaon . �i�kk Cervenka. Clerk of ITN County Court of said County, do hereby certify
that the toregohg hnrirument In
t1 wdWrg%Ith Ito certificate of authentication, was filed tor record in my office
on t . �1h .:..W' of hill .s. j. .6. D. 1911... at. ;t00 o'clock p bt., and duty recorded Ude
the...._....9th....la1 �
or .SeptA ,/cD. to 72, at 9:3Q o'clock A.a. in the
_..Aced ..G ✓ —_.. a e mon* of said County, In vol... 6 Q 2 pp 213
wl'1 t 8e MNDN and ,sat the County Court or said County, at allot in Georgetown, Emma, •
tbe date
DICK CERVENKA. CLLR.
By- _�(,{ (/, _^ __'_ . County Court. Williamson County. Texas
Austin Data Inc. GT ADI11555 WM 1977002544.002