O-82-695 - 5/27/1982AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, ADOPTED IN CHAPTER 11,
SECTION 3.E.(2), CODE OF ORDINANCES, CITY OF ROUND
ROCK, TEXAS AND MAKING THIS AMENDMENT A PART OF THE
SAID OFFICIAL ZONING MAP, TO -WIT: TO CHANGE 1.00
ACRES, MORE OR LESS, OUT OF THE JACOB M. HARRELL
SURVEY, WILLIAMSON COUNTY, TEXAS, AS
DESCRIBED BELOW FROM DISTRICT R -1 (LOW DFNSTTY
RESIDENTIAL TO DISTRICT C -1 (COMMFRCIAI )
WHEREAS, an application has been made to the City Coun-
cil of the City of Round Rock, Texas to amend the Official
Zoning Map to change the zoning classification of the proper-
ty described in Exhibit "A" from District R -1 (Low
Density Residential) to District C -1 (Commercial)
WHEREAS, the City Council has submitted the requested
change in the Official Zoning Map to the Planning and Zoning
Commission for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a
public hearing concerning the requested change on the 20th
day of May , 19ft2 , following lawful publication of
the notice of said public hearing, and
WHEREAS, after considering the public testimony received
at such hearing, the Planning and Zoning Commission has
recommended that the Official Zoning Map be amended so that
the zoning classification of the above described property be
changed from District R -1 (Low Density Residential)
to District C -1 (Commercial) , and
WHEREAS, on the 27th
ORDINANCE NO.
95"
REVISED 5/82
day of May , 1982, after
proper notification, the City Council held a public hearing
on the requested change, and
WHEREAS, the City Council has determined that sub-
stantial changes in conditions have occurred which justify
the zoning classification change provided for herein, and
WHEREAS, the City Council determines that the zoning
classification change provided for herein promotes the
health, safety, morals and protects and preserves the general
welfare of the community, and
WHEREAS, each and every requirement set forth in Art.
1011a -f V.A.T.S. and Chapter 11, Section 3, Code of Ordi-
nances, City of Round Rock, Texas concerning public notices,
hearings, and other procedural matters has been fully
complied with, NOW THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
I.
That the Official Zoning Map adopted in Chapter 11,
Section 3.E.(2), Code of Ordinances, City of Round Rock,
Texas is hereby amended so that the zoning classification of
the property described in Exhibit "A" attached hereto and
incorporated herein is hereby changed from
District R - 1
(Low Density Residential) and shall be, and hereafter
designated as District C - (Commercial)
(Mark through the following alternative that is not appli-
cable)
Alternative 1.
By motion duly made, seconded and passed with an affirma-
tive vote of all the Council members present, the requirement
for reading this ordinance on two separate days was dispensed
with.
READ, PASSED, and ADOPTED on first reading this
day of , 1982.
Alternative 2.
READ and APPROVED on first reading this the
of , 1982.
,7
day
READ, APPROVED and ADOPTED on second reading this
the day of , 19 8
ST:
•4/;IJL
JO S NE LAND, Cit Secretary
AO
J I_ 0
RY L. TONN, Mayor
City of Round Rock, Texas
• •
FIELD NOTES FOR WILLIAMSON COUNTY OLD SETTLERS ASSOCIATION
BEING 1.00 ACRE OF LAND OUT OF THE JACOB M. HARRELL SURVEY,
ABSTRACT NO.284, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION
OF A TRACT OF LAND CONVEYED BY DEED FROM MAGGIE J. HARRELL AND
HUSBAND T. M. HARRELL TO ED R. ANDERSON, PRESIDENT OF THE OLD
SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, RECORDED IN
VOLUME 258, PAGE 276 OF THE DEED RECORDS OF SAID COUNTY AND STATE,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at Point "A" being a metal fence post on the Southerly
Right -Of -Way line of RM 620 at Texas Highway Department Engineer's
Station 513+ 34.31 marking the Northwest corner hereof, said point
also being the Northeast corner of the C. R. Adolphson tract of
land of record in Volume 179, Page 278 of the Deed Records of
said County and State, said point being the beginning of a curve
concave to the North having a radius of 1949.86 feet;
THENCE, along the Northerly boundary line hereof and said Right -
Of -Way line the following three courses and distances:
1) 92.36 feet along the arc of said curve, through a central
angle of 02 42' 50 ", said curve's long chord bears
S 72 17' 30" E, 92.35 feet to a Texas Highway Department
Monument at PT 514+ 24.78;
2) S 73 39' 00" E, 2.69 feet to a point;
3) S 44 57' 36" E, at 8.56 feet pass a Texas Highway
Department Monument, feet to a Texas Highway
Department Monument on the Westerly Right -Of -Way line of
IR 35 marking the Northeast corner hereof;
THENCE, leaving said Northerly line and continuing along the
Easterly boundary line hereof and said Right -Of -Way line
S 18 15' 00" E, 41.70 feet to an iron pin set marking the South-
east corner hereof;
THENCE, leaving said Easterly line and said Right -Of -Way line and
continuing along the Southerly boundary line hereof
N 83 51' 30" W, at 244.63 feet pass Point "B" being the Southeast
corner of a 25 foot wide access easement, at 269.63 feet pass a
point for the Southwest corner of said easement, at 306.85 feet
pass a point for the Southeast corner of a 7.50 foot wide Public
Utility Easement, 313.55 feet to an iron pin set on the Easterly
line of said Adolphson tract, marking the Southwest corner hereof
and said Public Utility Easement;
THENCE, leaving said Southerly line and continuing along the
Westerly boundary line hereof and said Easterly line
N 06 08' 30" E, 220.93 feet to the POINT OF BEGINNING containing
1.00 acre of land.
Exhibit 3 of Modification Agreement
page 1 of 3
0
2- .
NO 6 CHORD
O 00° 13 ' 33" 5 71 00' 54"E - 7.69' 7.69 '
0 0I° 05' 41"
O 00° 44' 57"
5 71° 42' 4r E - 37.25'
5 72' 37' 23"E -
37.26'
25.49'
O L D SETTLER' S ASSOCIATION
SCALE : 1' = 40 FEET
SURVEY AND PLAT BY: R. OCHOA
• i
6
ti
,k
(, b 5 73 39 00"E - 2.69'
51444747
NAY
,2
LEGEND :
IRON PIN FOUND -0
IRON PIN SET -
PROPERTY LINE
PROPERTY LOCATION : SOUTHWEST CORNER OF R. M. 620 AND I035, ROUND ROCK, TEXAS. DATE : O5 APRIL 1482
LOT N0._ , BLOCK N0. r SUBDIVISION : 1.00 ACRES OF THE NORTHERLY PORTION OF THE OLD SETTLER'S TRACI.
DEED RECORDED IN VOLUME 2510 PAGE2.¢ OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS.
SURVEY FOR: FARMER'S STATE BANK REFERENCE: N. G. WHITLOW SURVEY: JACOB M. HARRELL, A -204
STATE OF TEXAS: COUNTY OF WILLIAMSON: KNOW ALL MEN BY THESE PRESENTS:
THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND IS CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY v 1 CTS,
ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS, VISIBLE UTILITY LINES OR ROADS IN PLACE EXCEPT AS S
SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY, EXCEPT AS SHOWN HEREON.
*t • \*
THIS TRACT IS NOT IN A FLOOD PRONE AREA ACCORDING TO AREA MAPS.
0. G. LEPPIN 2'
2168 O•
B <'d,.. en
LEPPIN ENGINEERING. INCORPORATED
2803 WILLIAMS DRIVE, SUITE 106
GEORGETOWN, TEXAS 78626
1. 512- B63 -B161: AUSTIN 255 -7655 0. G. LEPPIN, P.., RE ISTERU PUBLIC SURV 1' KO. 2168
Exhibit 2 of Modification Agreement
Ms. JoAnne Land, City Secretary
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Re: Bid to Exchange a Future interest in certain real
property for the City of Round Rock's future interest
in Old Settlers' Park
Dear Ms. Land:
November 4, 1985
Old Settlers' Association of Williamson County, Texas ( "Old
Settlers ") hereby extends its Bid to Exchange a future interest in
that certain tract of land described on Exhibit "A" attached
hereto and incorporated herein (the "Exchange Land "), for the
future interest which the City of Round Rock holds in that certain
10.969 -acre tract of land currently known as Old Settlers' Park,
which the City of Round Rock offered to sell or exchange by public
notice published in the Round Rock Leader on October 17, 1985 and
on October 21, 1985. In exchange for the City of Round Rock's
future interest in Old Settlers' Park, Old Settlers will arrange,
in accordance with applicable law and regulations, to have a deed
delivered to the City of Round Rock conveying a fee simple
absolute interest in the Exchange Land, such conveyance to be
effective if and when Old Settlers is dissolved by operation of
law, or time. This deed will give the City of Round Rock a future
interest in the Exchange Land, which is substantially identical to
the future interest which the City of Round Rock currently holds
in Old Settlers' Park.
It is expressly understood, however that this Bid to Exchange
is contingent upon Old Settlers' acquiring the Exchange Land. In
the event that Old Settlers does not acquire the Exchange Land,
this Bid will terminate and become null and void.
Sincerely yours,
OLD SETTLERS' ASSOCIATION OF
WILLIAMSON COUNTY, TEXAS
EARNEST MONEY CONTRACT
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON X
W I T N E S S E T H:
This Earnest Money Contract, herein referred to as the
"Contract ", executed by and between THE CITY OF ROUND ROCK,
TEXAS, OF WILLIAMSON COUNTY, TEXAS, a Municipal Corporation,
herein referred to as the "Purchaser ", and PALM VALLEY LUTHERAN
CHURCH OF ROUND ROCK, TEXAS, a Texas non - profit corporation,
herein referred to as the "Seller ";
WHEREAS, the Seller is the owner of approximately 41.334%
undivided interest in and to the property described in Article I
below; and
WHEREAS, the City of Round Rock, Texas and The Old Settlers
Association of Williamson County, Texas (the "Association ")
desire to acquire such undivided interest for the ultimate
purpose of creating a park on portions of the property for the
use by the citizens of Round Rock and the members and guests of
the Association; and
WHEREAS, the Seller is desirous of selling its undivided
interest in the property to the City of Round Rock and the
Association.
NOW, THEREFORE, subject to the terms and conditions set
forth herein, and for and in consideration of the mutual
covenants and contracts set forth herein, the Purchaser and the
Seller hereby agree as follows:
ARTICLE I
THE PROPERTY
1.1 Description. Seller agrees to sell and convey and
Purchaser agrees to purchase and pay for an undivided 15.281
percent interest (the "Undivided Percentage Interest ") (subject
to adjustment as provided below) in and to the following
described real property, all of which is referred to in this
Contract as the "Property ", to -wit:
That certain tract of land described in
Exhibit "A" attached hereto and incorporated
herein by reference for all purposes.
1.2 Appurtenances. The Property, as defined above, shall
include all rights and appurtenances pertaining to the Land
including all the Seller's interests in any easements
appurtenant to the Property, all of Seller's right, title and
interest in and to adjacent streets, roads and rights of way,
gores of land, rights of ingress and egress, waters, water
courses, water rights and all of Seller's right, title and
interest in and to any and all mineral rights and /or royalty
interests and any reversionary interests thereto and all
execution and executory rights in and to the mineral estate in,
on and under the above described property.
ARTICLE II
TOTAL PURCHASE PRICE AND PAYMENT
2.1 Total Purchase Price. The total purchase price to be
paid by the Purchaser to the Seller for the purchase of the
Property shall be calculated as follows: the aggregate number
of acres found to be contained within the Property (as per
survey to be obtained below) times the aggregate total undivided
interest owned by Seller in the Property minus 111.111 acres
(the "net acres" to be conveyed to the Association below) equals
the "remaining net acres" times $18,090 equals the Purchase
Price.
2.2 Calculation of Purchase Price and Undivided Percentage
Interest. It is understood and agreed that Seller owns
approximately 41.334% undivided fee simple interest in the
Property and that Seller is selling and conveying to Purchaser
and the Association its entire undivided interest in the
Property. The Seller has contracted to convey to the
Association the portion of its undivided interest in the
Property calculated in the Earnest Money Contract between the
Seller and the Association of even date herewith for the sale
and purchase of the Property, reference to which Earnest Money
Contract is heremade for all purposes. The balance of Sellers
undivided interest in the Property (that is: 41.334% minus the
undivided interest conveyed to the Association) shall be
conveyed to the Purchaser.
For example, if the undivided interest to be conveyed to the
Association is determined to be 26.053 %, then the Undivided
Percentage Interest to be conveyed to Purchaser hereunder shall
equal 15.281 %. 26.053% plus 15.281% equals 41.334 %. In
addition, should the aggregate number of acres found to be
contained within the Property be equal to 426.48, then the
Purchase Price would be calculated as follows: 426.48 acres
times 41.334% equals 176.28 acres minus 111.111 ( "net acres"
conveyed to Association) equals 65.17 ( maining net acres ") to
be conveyed to Purchaser) times $18,000.00 equals $1,173,064.40
(total Purchase Price). the total number of acres in the
Property or the total undivided interest of the Seller is
determined to be different than stated in the preceeding
sentance, then the foregoing calculations will be revised using
the correct numbers and percentages and the Purchase Price will
be adjusted accordingly. If it is determined that the Seller
owns or may have a claim to more than 41.334 undivided interest
in the Property (the "Excess Interest "), but Seller is unable to
convey such Excess Interest at the Closing set forth in
paragraph 5.1 below, the Purchaser agrees to purchase such
Excess Interest from the Seller upon the same terms and
conditions as specified herein within 60 days of Seller being
able to convey good and indefeasible title to same. This
obligation shall survive the Closing set forth in Paragraph 5.1
below.
2.3 Manner of Payment. The total purchase price for the
Property as determined by Section 2.1 herein, shall be payable
in cash at the closing.
2.4 Earnest Money. Purchaser has deposited with Seller the
sum of $1,800.00 in cash (the "Earnest Money "). All cash
Earnest Money shall be applied as a credit to the Purchase
price.
ARTICLE III
COVENANTS, REPRESENTATIONS AND WARRANTIES
3.1 Seller's Covenants, Representations and Warranties. To
induce Purchaser to enter into this Contract and to purchase the
Property, Seller hereby covenants, warrants and represents to
Purchaser as follows:
A. Seller's Authority. To the knowledge of Seller,
Seller has the full right, power and authority to enter into
this Contract as Seller, and to carry out Seller's
obligations, including the conveyance of the Property to
Purchaser as provided in this Contract, without the joinder
of any other person or persons. Seller shall provide
Purchaser and the Title Company with such evidence of
Seller's authority as Purchaser and the Title Company may
reasonably require.
B. Parties in Possession. To the knowledge of
Seller, there are no parties claiming adverse possession of
the Property. As to Seller's Undivided Interest in the
Property, there will be no outstanding written or oral
leases or agreements relating to the use or possession of
the Property that cannot be terminated on or before December
31, 1985.
C. Pending Proceedings. To the knowledge of Seller,
there are no (and on the Closing Date there will not be any)
actions, suits or proceedings pending or threatened against
Seller or the Property which could materially adversely
affect the Property.
D. Easements and Leases. Prior to Closing, Seller
shall not create or allow to be created any easements or
other conditions affecting any portion of the Property
without the prior written consent of the Purchaser, nor will
Seller assign, modify or terminate any easements appurtenant
to or for the benefit of the Property prior to Closing
without the prior written consent of Purchaser. Prior to
Closing, Seller shall not create, modify, renew or extend
any leases on the Property without the prior written consent
of Seller.
E. No Liens. From and after the date hereof, Seller
will not sell, assign, or create any right, title or
interest whatsoever in or to the Property or create any lien
encumbrance or charge thereon, other than those expressly
permitted hereby, without promptly discharging same.
F. No Contracts. Except as provided herein, Seller
has not entered into any contract, option or other agreement
granting any person the right to purchase or acquire the
Property or any interest therein. It is understood,
however, that Seller intends to sell the remaining portion
of its undivided percentage interest in the Property to the
Association.
G. Topography. Prior to Closing, Seller shall take
no steps to alter or change in any material way the natural
topography, drainage and vegetation of the Property.
H. Restrictions. No restrictions on the use or
disposition of the Property of the Property will be placed
on the Property by Seller.
I. Zoning. Prior to Closing, Seller shall not
institute nor participate in any proceedings to change the
present zoning classification for the Property.
J. Title. Seller will convey to Purchaser at the
Closing, good, indefeasible fee simple title to the
Undivided Percentage Interest in the Property subject only
to the Permitted Exceptions. To the knowledge of Seller,
the Property contains approximately 426.48 acres of land;
Seller's total undivided percentage interest in the Property
is equal to approximately 41.334 %, which represents
approximately 176.28 net acres out of the 426.48 gross acres
contained within the Property; and William D. Kelly is
presumed to own the remaining 58.666% undivided interest in
the Property, which represents approximately 250.20 net
acres out of the 426.48 gross acres in the Property.
K. No Planned or Public Improvements. Seller has no
notice or knowledge of any planned public improvement which
may result in special assessments against the Property and
no governmental agency has served any notice requiring
repairs, alterations or correction of any existing
conditions.
L. No Adverse Change. Seller shall promptly notify
Purchaser in writing of any material adverse change which
occurs prior to Closing which would affect either the
Property, its value, or the ability of Seller to convey good
and indefeasible title to the Property.
M. Mineral Estate. Seller shall convey all of
Seller's right, title and interest in and to the mineral
estate in, on and under the Property together with all
execution and executory rights relating to said mineral
estate.
N. No Partition. Seller shall not enter into any
voluntary partition of the Property nor commence any
partition proceedings against the owner of the remaining
undivided interests in the Property, unless Purchaser
consents in writing to such actions. Seller shall promptly
notify Purchaser if any partition proceedings are proposed
or instituted by the owner of the remaining undivided
interests in the Property.
Failure of any of the above representations and warranties
to be true and correct on the date of Closing shall permit
Purchaser, at Purchaser's option, to terminate this Contract.
3.2 Conditions to Closing. Purchaser's obligations to
consummate the transaction contemplated hereby are expressly
conditioned upon the following:
A. The covenants, representations and warranties set
forth above being true and correct as of the Closing.
B. Seller having entered into an Earnest Money
Contract with the Association for the sale to the
Association of the remaining portion of Seller's undivided
percentage interest in and to the Property, and such sale
being consummated on the same date as the sale contemplated
by this Contract.
C. Purchaser and the Association being able to
lawfully consummate their respective obligations under their
respective contracts with the Seller.
D. Without the written consent of Purchaser first
having been obtained, no proceedings to partition the
Property shall have been instituted by Seller or Seller's
co- tenant in the Property nor shall the Property have been
voluntarily partitioned.
If for any reason any or all of the above conditions to
Closing have not been fully completed to the satisfaction of the
Purchaser prior to Closing, Purchaser shall have the option to
(i) terminate this Contract and receive back the Earnest Money;
(ii) extend the Closing Date for up to 60 days in order to give
Seller and /or Purchaser time to complete such condition; or
(iii) waive any such condition and close this transaction as
contemplated on the scheduled Closing Date.
ARTICLE IV
TITLE AND SURVEY
4.1 Property Title Binder. Seller has furnished to the
Purchaser a Commitment for Owner's Policy of Title Insurance
(the "Title Commitment ") issued by Georgetown Title Company (the
"Title Company ") dated August 29, 1985, bearing GF No. 85081581,
a copy of which is attached hereto as Exhibit "B ".
4.2 Review of Property Title Commitment. Purchaser agrees
to accept title to the Property subject to the matters listed on
Schedule "B" of the Title Commitment; however, Purchaser
requires as a condition to its obligation to close this
transaction that: (i) the Title Company issue a revised Title
Commitment which states in Schedule A, Item 1 that Purchaser is
the insured, and in Schedule A, Item 3 that record title to the
Undivided Percentage Interest appears to be vested in the
Seller; and (ii) Items 9 through 12 on Schedule C of the Title
Commitment be satisfied by Seller or waived by the Title Company
on or before the Closing Date.
4.3 Property Survey. Purchaser may obtain a current survey
of the Property, should Purchaser so desire, at Purchaser's
expense.
4.4 Review of Survey. If the aforementioned survey reveals
discrepancies, encroachments or protrusions in boundary lines or
other matters not satisfactory to Purchaser, then Purchaser
shall give notice to Seller of such fact. If Seller is
unwilling or unable for any reason to cure unsatisfactory items
on or before the Closing, then Purchaser may either waive such
unsatisfactory items or terminate this Contract, in which event
the Earnest Money will be returned to the Purchaser.
ARTICLE V
CLOSING
5.1 Time and Place. Subject to the satisfaction or waiver
of the conditions herein by Purchaser, the Closing of the sale
of the Property shall take place in the offices of Pioneer Title
Company, Austin, Texas (or at such other place that the Seller
and Purchaser may mutually designate) on or before January 17,
1986, at a time and date designated by Purchaser (sometimes
referred to herein as the "Closing" or the "Closing Date ").
5.2 Events of Closing. At the Closing, the Seller shall
execute and deliver to the Purchaser:
A. A properly executed General Warranty Deed in
recordable form conveying the Undivided Percentage Interest
in the Property to the Purchaser, subject only to the
Permitted Exceptions and any objections waived by Purchaser.
B. A Texas Form Owner's Policy of Title Insurance
issued by the Title Company at the Purchaser's expense and
conforming to the terms of Section 4.1 and 4.2 above.
C. Tax certificates showing that all taxes assessed
on the Property for all years prior to the year of Closing
have been paid in. full.
D. A Release of Lien duly executed by the holders of
all liens on the Property.
At the Closing, Purchaser shall deliver to Seller cash in
the amount set forth in Section 2.1 above. In addition, each
party will provide to the other or to the Title Company, or
both, whatever documentation may be reasonably requested in
order to consummate this transaction.
5.3 Expenses of Closing. With reference to the Closing, it
is understood and agreed that the Purchaser shall pay the escrow
fee charged by the Closing, the premium for the Owner's Policy
of Title Insurance, and the cost of the Survey of the Property.
The Seller shall pay the cost of recording the Warranty Deed and
its own attorney's fees.
5.4 Prorations. Real estate ad valorem taxes shall be
prorated to the date of Closing, based upon actual days
involved. In the event actual figures for the year of
conveyance are not available at the Closing Date, the previous
year's taxes times 150% shall be deemed to be the same for those
of the year of conveyance for proration purposes. If the taxes
for such year are more or less than such deemed amount, an
appropriate adjustment will be made between the parties. This
obligation shall survive the Closing of this Contract. The
Purchaser shall pay any additional taxes assessed based on
change in use or ownership of the Property, which obligation
shall survive the Closing of this Contract.
ARTICLE VI
TERMINATION, DEFAULT AND REMEDIES
6.1 Permitted Termination. This Contract may be terminated
by Purchaser prior to the Closing because of a failure of one or
more of the representations, warranties, conditions or covenants
set forth herein (a "Permitted Termination "). In such event,
Purchaser shall notify Seller and neither party shall have any
further rights or obligations hereunder, and all earnest money
shall be refunded to the Purchaser.
6.2 Default by the Purchaser. If the Purchaser refuses to
purchase the Property for any reason other than (i) a Permitted
Termination; or (ii) the Seller's refusing to cure or inability
to cure any material title or survey objections Seller shall
have as its sole and exclusive remedy hereunder the right to
receive the Earnest Money from the Title Company as liquidated
damages and not as a penalty under any circumstances. It being
agreed that such sum represents a fair estimate of the amount of
damage Seller would sustain if Purchaser were to default
hereunder.
6.3 Default by the Seller. If the Seller refuses to
consummate this Contract for any reason other than the
Purchaser's prior default, the Purchaser shall be entitled to
(a) enforce specific performance of the Seller's obligations
under this Contract; (b) have the Earnest Money returned and
recover from the Seller reimbursement of any expenses incurred
by Purchaser in connection with this Contract.
6.4 Attorney's Fees. If it shall be necessary for either
the Seller or the Purchaser to employ an attorney to enforce
their respective rights pursuant to this Contract because of the
default of the other party, the defaulting party shall reimburse
the non - defaulting party for reasonable attorney's fees.
ARTICLE VII
GENERAL PROVISIONS
7.1 Notices. All notices, demands and requests and other
communications required or permitted hereunder shall be in
writing, and shall be deemed to be delivered when actually
received, or, if earlier and regardless whether actually
received or not, upon deposit in a regularly maintained
receptacle for the United States Mail, registered or certified,
postage prepaid, addressed to the addressees as follows:
If to the Seller:
With a copy to:
With a copy to:
Palm Valley Lutheran Church
of Round Rock
2500 Palm Valley Blvd.
Round Rock. Texas 78664
Cynthia M. Whitlow
114 West Eighth
Georgetown, Texas 78626
If to the Purchaser: The City of Round Rock, Texas
Williamson County, Texas
c/o Jack A. Harzke
214 East Main Street
Round Rock, Texas 76501
Don Wolf
214 East Main Street
Round Rock, Texas 76501
7.2 Governing Law. This Contract is being executed and
delivered, and is intended to be performed, in the State of
Texas, and the laws of such State shall govern the validity,
construction, enforcement and interpretation of this Contract,
unless otherwise specified herein. The place of performance for
all obligations arising out of this Contract shall be in
Williamson County, Texas.
7.3 Entirety and Amendments. This Contract embodies the
entire agreement between the parties and supersedes all prior
agreements and understandings, if any, relating to the Property
and may be amended or supplemented only by an instrument in
writing executed by the party against whom enforcement is
sought.
7.4 Invalid Provisions. If any provision of this Contract
is held to be illegal, invalid or unenforceable under present or
future laws, such provisions shall be fully severable; the
Contract shall be construed and enforced as if such illegal,
invalid or unenforceable provision had never comprised a part of
the Contract; and the remaining provisions of the Contract shall
remain in full force and effect and shall not be affected by the
illegal, invalid or unenforceable provision or by its severance
from this Contract. Furthermore, in lieu of such illegal,
invalid or unenforceable provision, there shall be added
automatically as a part of this Contract a provision as similar
in terms of such illegal, invalid or unenforceable provision as
may be possible and be legal, valid or enforceable.
7.5 Parties Bound. This Contract shall be binding upon and
inure to the benefit of the Purchaser and the Seller and their
respective heirs, personal representatives, successors and
assigns.
7.6 Further Acts. In addition to the acts recited in this
Contract to be performed by the Seller and the Purchaser, the
Seller and the Purchaser agree to perform or cause to be
performed at the Closings or after the Closings any and all such
further acts as may be reasonably necessary to consummate the
transactions contemplated hereby.
7.7 Condemnation. Seller hereby represents and warrants to
Purchaser that Seller has not been notified verbally or in
writing of any threats of condemnation by any public authority
and Seller hereby agrees that in the event Seller receives such
notice or threat of condemnation of the Property in its entirety
or any part thereof, he shall immediately give written notice of
such threat of condemnation to Purchaser and Purchaser, at his
option, may elect to void this Contract or to close the purchase
contemplated herein subject to the threat of condemnation. It
is further agreed that in the event of any threat of condemna-
tion of the Property in its entirety or any part thereof prior
to the Closing of the purchase of the Property, the purchaser
may appear before the condemning public authority and may defend
the condemnation or may negotiate a sale of the Property or part
thereof being condemned pursuant to the threat of condemnation
and Seller may receive the entire proceeds of the condemnation
or sale under the threat of condemnation, as the case may be,
and (subject to the next sentence) all such proceeds received
shall reduce the purchase price to be paid by Purchaser to
Seller. If the proceeds from the condemnation or sale pursuant
to threat of condemnation exceed the purchase price stated in
Section 2.1, the excess will be paid to Purchaser.
7.8 Waiver. Each party hereto shall have the right to
waive any provision contained in this Contract for their
benefit.
7.9 Brokerage Commission. The Seller and the Purchaser
represent and warrant to one another that neither has contracted
with any real estate broker, salesman, finder or other party in
connection with this transaction, and that neither has taken any
action which would result in any real estate brokerage
commission or fee being due or payable to any party with respect
to the transaction contemplated hereby. Each party hereto
agrees to indemnify and hold the other party harmless from any
loss, liability, damage, cost or expenses (including reasonable
attorney's fees) resulting to the other party by reason of a
breach of the representation and warranty made by such party
herein.
7.10 Date of Acceptance. The "effective date" as used in
this Contract shall be date upon which the Contract is executed
by the Seller.
ATTEST:
EXECUTED the dates specified below.
E LAND, Ci
ty Secretary
PURCHASER
THE CITY OF ROUND ROCK, TEXAS
By: 7-1464e
�
/ // ® , Mayor
/ 2,
Date : 4 e ) I ( 9/
OSAChurchEMC
101085
SELLER
PALM VALLEY LUTHERAN CHURCH
ROUND 'l C , TEXAS
By:
By:
By:
Dwgh dr amb
Vice Chairman
Anita Lanning,
Secretary
By
Katherine Wallin,
Treasurer
Date: A) nurm bEr , 7)q £f5
STEGER & Batten„ lid@.
• • So. .,° • K,
FIELD NOTES Po8 T88 A. J. PAIN ISTAfgs
BEING 426.48 scree of lad, of slice 232.49 acres ass situated in the
Willis Donaho Jr. Survey, Abstract Mo. 173, and 173.79 acres are
situated in the P. A. Solder Survey, Abstract Mb. 297 to Williamson
County, Texas; said lied balms the remainder of tfMI certain tract of
land, called 1St acres, r osovsysd to Aadrar J b dead as recorded
in Volume 29 ° 'Page 192, the ramsioder of that tract of land,
called 193 acres, as oawsysd to Ilisi Omus7.eoo.illMgem by deed as
recorded in Volume 14,. Pegs all 01 that airlole tract of land,
called 8 1/10 aerse,'p.suegsd .tun 1oar1 •J. Webs dead as recorded
in Volume 48, Pass 113, all at Net oarteln treated lend, called
112 acres, as conveyed to rdrsu M. Maim by.deed es recorded is Volume
8, Page 466, the remainder of that certain tract of Lod, called
28 1/5 acres, as 000veyed to Andrew J. Palo by dead ea recorded in
Volume 13, Page 386, and the remala'er of that cartels tract of
ae
land, called 12 scree, as .vsyad to Aintree J. Fels by deed as recorded
in Volume 29. Pass 192 of the Deed Bawds of Villiasmen County,
Texas. Surveyed on the ground in the month of Jams, 1980, ,order the
supervision of Don 8 11aaell. Registered Public Surveyor, and being
more particularly described in Two Parts, as follow:
Tract No. 1 (424.06 Acree)
BEGINNING at as iron pin foxed at a fames corner, can or Sear the North
line of the P. A. Solder Survey, Abstract No. 297 ed the South line
of the Willis Dosaho Jr. Survey, Abstract Bo. 173, marling the N.N.
corner of the above - referenced 112-acre Pala tract, for a northwesterly
corner hereof;
THENCE, with a fence along the Yost lime of the said 112 -acre tract,
5 1 54' W, 1718.31 face to an iron pipe food, and 8 1° 10' V, at 631.02
feet pass the center of Cho:dler Bseoab; said pilot being the S.V. corner
of the said 112 -acre Treat earl the S.Y. corner of the above - referenced
28 1/5 -acre tract, and oseRinuing far a total distance of 1322.72 feet,
in all, to an iron pie art, for the M.N. career of the above- referenced
12 - acre tract, and am interior oornar hereof;
THENCE, N 88' S0' 0, 187.36 foot to a point in the center of Chandler
Branch, for the most northerly S.Y. career of the esid 12 -sere tract
and a northwesterly corner hereof ;.
THENCE, along the centerline of Chandler Branch with its meanders as
follows: S 12° 12' W, 273.98 feet to an iron pin eat, and S 67° 25' W,
224.52 feet to a point sat, for the most westerly B.V. corner of the
said 12 - acre tract, for the most southerly B.Y. corner hereof;
THENCE, with a fence aloes the West lime of the said 12 -acre tract,
5 0° 19' W, at 116.0 feat pass an ire, pin found, for a total distance
of 995.27 feet. in all, to an iron pin found on the North line of
U.S. Highway lo. 79, for the S.W. corner.jesraof;
THENCE, N 66° 12' 8, 109821 feet, aloes the said Beath line of U.S.
Highway No. 79, to an iron pin set at a Cedarcarmsr post, on the East
line of the said 28 1/5 -acre tract, for the asst ssathsrly S.E. corner
hereof; -
•
THENCE, with a fence aloes the said gist lies of the 28 1/5 -acre tract,
as follows: N 1° 04' 8. 796.90 feet to an iron pia set; 8 88 18' T.
16.74 feet to se iron pis tea; M 0° 26' 8, 965.47 feet to an iron pin
set; and N 8' 31' 8, 215.33 feet to as iron pin set in the center of
Chandler 8rancb; said point Wog the 5.8. corner of the said 28 1/5 - acre
tract and an interior corset hereof;
EXHIBIT A
Page 1 of 3
Job No. S5861
Revised 9- 23-80.
FIELD NOTES POS SIAC!•98. 1. A..1 aug m.TA?w. gm"
THENCE, along the costar 01 Chandler 9tasch Vita its menders as follows:
S 89° 50' E, 241.88 feat OS as free pis set; 8 34' 80' 8, 439.36 feet to an
iron pia set; $ 46 04' 1, 137.37 het to a s seti.8 52 54' E,
249.39 feet to a mail est; ■ 79° 17' 8,•183.; fp so a ism Is pin set;
N 70 27' 2, 274.42 fast is se tree pis setg 41' 8, 180.92 feet
to a nail satin 11 38' 8, 416.08 feet to air; ;ism Os at; N 44°
18' E, 500.17 feet te• tree pia set; 9 21 11 249.21 feet
to a nail set; 9 22° 32' 9, 180.01 feat to a /sets 9 33' 28' 8, 206.40
feet to ea free pia sea; 911 18' 1, 170.8 fast W a psiet; 8 58'
57' E, 75.88 feet tea /slat; eel 9 8M 56' 1, 71.8 hat to • point,
for the 8.3. corner of as odd 112 -acre tract ae4 a southeasterly
corner hereof; said point also boles se or peer She lest lima of the
P. A. Holder Survey, Ahsepct b. 247;
THENCE, with a face, 9 0' 49' 9, 401.16 fest to es iron pin eat;
and N 0 20' 8. 473.04 feat to am Cola pia set. for the N.B. corner
of the said 11I - acre crest, sad the 4.14 cornea et the above- referenced
157 -acre tract; said point aloe basal at or meet the 9.8. corner
of the said P. A. Molder Sesvey, Abstract b. 297, sod the most southerly
S.E. corner of the self Alta /ends Jr. sump, Abstract b. 173;
N 14 13' V, 346.82 fest to as Ins lids set se the tap Of a flood
control dam; and cronies a need asetre1 reeeewLr, 9 7 06' W,
1272.38 feat to se Irma pip set at a feats comer somblag the S.V. corner
of the above- referacef 193■ocre trust tor ea IsOsrlsr envier hereof;
said point being at or mass se inearist carper 08 100 s..id {1;111. Doaaho
Jr. Survey. Abstract b. 173;
THENCE, with a face am the South lima of this amid 193 -acre tract
and along or sear a southerly lima of Ida itillla Ossahe Jr. Sovvey, Abstract
No. 173 as follows; 8 8N 13' 8, 1182.01 feet to ea trap pis found, and
N 89 00' 8, 869.29 fast to se trop pie se, for the meet easterly S.E.
corner hereof;
THENCE, 8 0' 12' 8. 2,344.06 feet to se Twos pis set se the South line
of County Egad lo. 113, for the 9.8. corner hereof;
THENCE, along the said south lime of County lead b. 113 as follows: West,
2591.08 feet to ea fans pie set, 8 44 57' 1, 744.72 feet to a iron pin set;
8 83' 53' W, 115.44 feet to Ives pip set, and 9 72 06' 9, 115.54 feet
to a cut atone monument fond at face corner, for the lost northerly
N.W. corner hereof;
THENCE, S 1° 24' W, 524.23 feet to a cut stone memasmnt found at a fence
corner, for an interior corner hereof;
THENCE, S 89 06' V. 357.36 feet to a cut atoms saeass.t found at a fence
corner, marking the N.V. corner of the above-referenced 8 1 /10 -acre tract,
for a northwesterly corner hereof;
THENCE, S 6' 29' V, 58.61 fast to a sell net in s 12 Bsckberry and S 0°
13' V, 3355.08 feet to ,a cut atone ueasmeat found at a fence corner marking
the S.W. corner of the said 8 1/10 -aces tract; said point also being
on or near the said Seed; line of the 11111a Domeho Jr. Survey
No. 173, and the . A
said bred lima of the P. A. Bolder Survey. Abstract 80.
297, for an interior carpet beroef; •
THENCE, with a fence slams the North lime of the said 112 -acre tract.
N 89 10' W, 1603.53 feet to the place of 8861181144 end containing 424.06
acres of land.
STEINR d B' LL. bst.
Mem ^ "1 C A,
a. aF w Ur •e rams
•
EXHIBIT A
Page 2 of 3
Job 90. 85861
Reprised 9- 23 -80.
4
Tract No. 2 (2.42 411811)*
SECTOR= at am•irso film% for do SA.
28 1/5-etre Ni. Tam1 . tie lbe 2.1 UMW
the ebove-referenced
THEWS, 2 If' 37' 1, et 212.1 toot pole Obs S loom of tbs said.
29 1/5-.tr. Mallen ofiltho &is mom of 2110111surooforsocof
12-ecre 1u LawatiAssaiss feusimmt4
• from pia set so slollmile WOW assail 11.111is fatlroad,
for the mot sosoody SUM usd ' . !
TRENCH, M if 12' 2, 738631 foot, aims Obs mill bulb 11oe of the Missouri
Pacific Islis kalm ma.saella lose Me et tbe meld 28 1/5 -
acre tract, as tea 1.8. emir Wats
. . .
THENCE, 8 0' 23' 2, 30701$ hot oo tho Amos of 111111•1112 sod containing
2.42 acres of lemd.
STATE OF TEM
COMITY
01 MUMS
Jr
k ... „.....
. Massa • 11416,ftps,
• • ; ;
• W/A4 AL NI Int IIIIIMITS1
.1 •
1' I • • .
1, Don 2. IMOsiond 246 122 . 1221Opeo,Ablimok esettly that
the ab000-dessrabod 022 0 - 43oollosfolvipolivillo pi mina ay
personal oaporviolootlimlis uss61 has. fel% mg Oat soff
deacriptios Os true ad mom of Oft bos2 of virkiiihofle mod belief*
=TNT 22302,-1111111332,121WooefloWIP 12111oloso
County, Tamp thla 110 11 11 1 1 104 el Mei 11N
•
: e '
•
esnoonw
wisook relemei, niin
foe 3 of 3
' Job Os. 22061
Sovloof 9-23-80.
saiterr A
I f� /f • p r � �"..�
I •
ol
tom;..w- ZL
+y ` t i r� [/ ' , s�� ��+•�, •. +s { i a�
t6 f
f � s � a
/ ,
• FORMNO. 1.142
Yoko. Ce,nm,Imrn1. 1970
II Nd 3.1.66
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
TRANSAMERICA TITLE INSURANCE COMPANY
Transamerica Title Insurance Company a California corporation, herein called "the Company"
hereby commits to issue its policy or policies of title insurance. as identified in Schedule A. in the
form now promulgated by the State Board of Insurance. in favor of the proposed Insured(*)
named in Schedule A, as owner or mortgagee of the estate or interest described in Schedule Ain
the land described in Schedule A, upon payment of the premiUm anc4. charges there** all sabre
to the provisions of Schedules A. B and C and to the Conditiens Md
urea.
doll be elective oak alien file it ff :`' ilfaYnad(a) w
aunt of the policy or policies wed ter have been biaerlid Ia Sihedule A hereof by MB
This commitment is solely preliminary to the issuance' of such policy or policies of title insurance
and the liability and obligation of the Company to the proposed insured shall be limited to the
express terms of this commitment. All liability and obligations hereunder shall Geese and temunate
ninety (90) days after the effective date hereof, or when the policy committed for shall issue,
whichever occurs first, provided that the failure to issue such policy is not the fault of the Company.
In witness whereof, The Company has caused this commitment to be signed and sealed as of the
effective date of commitment as shown in Schedule A, the commitment to become valid and
binding only when countersigned by an authorized signatory
Transamerica Title Insurance Company
`r) l��t :imlpirl .TlNeRiRre1
Woks C oodovrpos liars
Pmoprmed Insured:
Proposed Borrower:
(d) Other:
Premed Insured:
SCHEDULE A
CF No. or File No. GF 85081581 KU
Commitment No.: Usctiw Date of C on:111m M
e1wi Za ,ltd, - o'elmek
1. Patic os or PoYoy to be Weed:
W Foram T4: Owner Poky of Titre Isrurseee Amount:
Propuol hoomois
(b) ?ono T4: M rtgapm May of Tide Ira.. AsmrraR: $ 101e -area M
Proprrdlaruads NORM ROM ROCK
PropaedRmoro+mrr: PALE! VALLEY LUTHERAN CRUNCH OF ROUND ROCK
2. The estate or interest in the land described or referred to in this Commitment and covered herein:
FEE SIMPLE
8. Record title thereto at the effective date hereof appears to be vested In:
SEE SCHEDULE C ITEM NO. 10.
Amount • $
4. The land referred to in this Commitment is described as follows:
TRACT I: BEING 424.06 acres, more or lees, situated in the
William Donaho, Jr., Survey, A -173, and the P. A. Holder Survey
A -297, in Williamson County, Texas, and being more fully
described by metes and bounds as shown on Exhibit "A" attached
hereto and made a part hereof.
Continued on next page
Form No T.A0•142 2
Of 050011101 KU
NCHADULS A — Custiawd
TRACT 11: BEING 2.42 acres, more or less, situated in the P. A.
Holder Survey A -173, in Williamson County, Texas, and being
more fully described by metes and bounds as shown on Exhibit "A"
attached hereto and made a Part hereof.
Transamenoa
br)7vvI.V1 rev
Form No T- AG.142,3
SCR=DULIC B
Schedule B of the policy or policies to be Issued will also contain the following exclusion* and exceptions:
The policy will be subject to the Conditions and Stipulations thereof, the terms and conditions of the instru-
ment creating the estate insured, if any, shown in Schedule A, and to the following matters which wUl be
additional exceptions from the coverage of the policy:
1. The following restrictive covenants of record itemised below, but in any mortgagee policy of title insurance
or mortgagee title policy binder on interim eooatructlon loan, the Company will guarantee that any such
restrictive covenants have not been violated se as to affect, and that a future violation thereof will not
effect the validity er priority of the insured mortgage.
BORE OF RECORD
R. Any discrepancies, conflicts, or shortages b ss+ss or boandory linos, or attar eusr anhmsats, or any wee
loping
ef
S. Tana for the per 2$_ aid a tnestaat yon, and wbaquent uses urnsob fler prior yew des he
ohsap la tend rasp or oeraeeeblp.
4. Usury or claims of usury. (Mortgages Poi* or Martpps ?Ills Peter Binder au 'Meta CowNels
the Loan only.)
6 Any right et winks eentsdaed is sal/ ONIIIPanii
DIG lawa, aliesrpps Paw a Illselgegee 11111e Meg •idi tlir CaeeteeMYn Lero
6. No mated* have been famished or any hollow partessed iiO eoensaliem with Iheewebee ices esion.
plated hereunder prior to the execution, acknowledgment, aaddotiseryd Melba Insisanatdsudlsd
under SCHEDULE A hereof, if the land described under SCIIEDULB A forms lay pert of the Imo
stead of the owner. (May be deleted if satisfactory evidence is furnished before binder is !hued.)
(Mortgagee Title Policy Binder on Interim Construction Loan only.)
7. The following lien (a) and all terms, provisions and conditions of the instrument(a) creating or evi.
dancing said Lien (s) : Nora
8. Rights and claims of co- tenants in the lend and minerals end to
the rights of anyone claiming under them, including but not
limited to rights of partition, claims for improvement, claims
for reimbursement, creditor's claims. and agreements between
co- tenants.
9. Electric line as shown on survey plat dated June 27. 1980.
prepared by Don H. Bizzell Registered Public Surveyor No. 206.l
10. Easement dated August 29, 1925, from A. J. Palm to Lone Star
Power Co., recorded in Volume 225, Page 31, Deed Records,
Williamson County, Texas.
11. Easement dated October 14, 1936, from the Estate of J. A. Palm
by L. M. Palm Administrator to Texas Power 6 Light Co., recorded
in Volume 281, Page 464. Deed Records, Williamson County.
Continued on next page
Transamerica
Tit le Services
GP /15001501 KU
Texas.
BCNiCDULI • — antinued
12. Easement dated July 16, 1946, from the Estate of A. J. Palm by
L. N. Palm Administrator, to Teaaa Power 6 Light Co.. recorded
in Volume 337, Page 360. Deed Record,. Williamson County, Tues.
13. Easement dated November 23, 1953. from the Bstate of A. J. Pala
by L. N. Palm Administrator. to Taxes Power 6 Light Co.,
recorded in Volume 393. Pap 240. Deed Records,' Williamson
County. Tess.
14. Rosemont doted October 21. 1127, from A. J. Pala end wits, to,
Texas Power a Light Cs., reseeded in Volume 2214. Pap 133, Deed
Rseords. Williaasoa County. Ti... e
15. Sesoment doted April 12, 1465, from Nary H. Palm •t al to Brushy
Creek Water Control sad Improvement District Ns. 1. recorded la
Volume 477. Pogo 280, Deed 6 serds, Williamson Comity. Texas.
16. gassaaa% dated November 6. 1175. fres Mrs. Mors Stockmen sad
Nary H. Pala to Southwestern Nell Telspiteao Co.. recorded In
Volume 621. Pogo 295, Deed Records. Williamson County, Texas.
N.
17. Rights et parties is possession.
16. Visible sad sllesvemt ssaswats, if asg.t
Form NO T•AU • 142 2
Tdln cor v.rnc
Transamerica
' OP x5081 La l ku
SCHEDULE C
Schedule B of the policy to be issued will also contain exceptions with respect to the following matters
supposed to affect title to the hereinabove described property unless the following matters are disposed of
to the satisfaction of the Company at or prior to the data of the issuance of the policy:
1. Instrument (s) crating the estate or interest to he insured must be approved by the Company, executed
and filed for record.
2. Satisfactory evidence that no person occupying the property or any Portion thereof awns or claims
may interest therein, either personally or by right of another, adverse to the present record owner
as shown in Sehedais A.
8. Payment of the rte consideration to or for the eat of, the grantors or mortgagors.
4. Payment of all texas. charges sad assemments levied or assessed against the subject estate or interest
which are mirrently due and payable.
6. Satisfactory evidence that at improvements author repairs med/er aWosMO/ West. ass oemplslad
and acaipted by the owner and that all as keen sehowitraston, beams and wale seem bus
been paid in full, and no mnsheaie'a, Wands or e;►ateriabara's leans have attached.
6. Any defect, lien, eacumlinence or other metier affecting or sumo* to title to the estate or h}
tenet to be inured which may be glad er which may arise allesMe date Mosel. ,t
7. If a mortgagee policy of title humane is bs be rowed,' Sal mabieti is and
rest lairs mss, if any, have net been violated se se bsselik sad Vise a i1Mw vieUliaa Smut
will net West the validity or priority of the insured moricsapa
6. Vendor'e lien retained in deed .dated May 1, 1960; executed by
Marguerite Palm Stockman to William D. Kelley, recorded in
Volume 796, Page 264, Deed Records, Williamson County. Texas,
and being additionally secured by Deed of Trust of even date
therewith executed by William D. Kelley to Dale Illig, Trustee.
and recorded in Volume 292, Page 216, Deed of Trust Records,
Williamson County, Texas. securing a note of even date therewith
in the principal amount of 137.500.00, payable to the order of
MARGUERITE P. STOCKMAN, and subject to all of the terms,
provisions and conditions of said deed of trust, including but
not limited to any additional existing or future indebtedness
also secured by said deed of trust. (This lien does not affect
the interest of the Palm Valley Lutheran Church.)
9. We must be furnished with a resolution passed by the
congregation and the board of directors authorizing the
execution of the lien to be insured. The resolution should
state that the action is taken pursuant to notice given at a
regular prior meeting of the church and should state who is
authorized to execute the related instruments.
10. Prior to making a determination as to the ownership of the
property, requirements No. 11 and 12 must be fulfilled.
11. Andrew J. Palm and Carolena Nelson Palm acquired the subject
Property by several deeds in the 1880'a. We find no affidavit
Continued on next page
GF 65081561 KU
or heirship or probate of record on them. Therefore. we must be
furnished with proper evidence, in recordable form establishing
that the decedents died intestate end Identifying their
heirs -et -law. Such evidence must also show the followings that
all debts of the decedents have been paid, including those of last
illness; that there are no stets inheritance or federal estate
taxes owed by the decedents estate{ that no administration was
had in said estates= and that no a dministratiosi,was necessary,
or if they died testate we must be furnished certified copies
of their probate proceeding for our examination and filing in
Williamson County.
12. Regarding the heirs of Andrew J. Pala and Carolena Pals, there
is an 011 and Os* Lease dated July 27. 192,, recorded in Volume
247.Pege 503, Deed Records, Williamson County, Texas. that was
executed by Hrs. Lena Palm and eight of her children. Of the
eight childrenlisted, we do not find a probate or Affidavit or
Heirship filed on the followings Anna J. Pets, Mere Pala and
Esther Kelley. Therefore, on each of them we'bust be furnished
with proper'evidence, in recordable farm establishing that the
decedent died intestate and identifying her heirs -at -low. Such
evidence must also show the followings that all debts of the
decedent have been paid, including those of l
illness; that
there ere no state inheritance or federal , tssso owed by
the dw*doat•s estates that no adadnistrO has in said
satin*: and that no adalnistrotiom wen mom. or it ohs dlsd
testate we bust be furnished certified *opise of b er probate
proceedings for our examination and filled in Millisason Counts,
13. Tex information has been requested end will be furnished upon
receipt. Please collect *20.00 et closing.
Fo,m No T AQ• 142 2
SCHEDULE c —Gateau.*
1r Transamerica
l:rULlUbttbi KU
1. OFFICIRS:
President David R. Porter
Bescutiv, Vice President Barley D. Brown
Secretary Prederic B. Franklin
Treasurer Frank C. Fribisy
DIBICTDIB
'theme. G. Mammy
Meet A. Christie
Cary L. D.polo
Jame. I. Mammy
Charles V. Cordless
'O n
YIYedMRA1CR TITLE CO PAR
bCHRDQI,t D
(TO 6r ATTACKED To Cd*IITlallT FOR TITIi IISUTAMCC)
Frank C. Barringer
Blair C. Pascoe
David B. Prerter
Arthur I. Van Leuven
2. 1 s ettuad Inhibit los disclosure by Title Issureess Agent.
3. You ars entitled to receive advance disclosure of settlement cherees is
camnsctias with the proposed transaction to vbidb s commitment re
Upon pour regwst, such disclosure will be eses , I.qh. ;x
name of any person, firm or eerpor:rlo =-- Adi e w 1y She
You are fir advised ebee the eseiamilmii -silk premium is,
Owner's Policy +
Mortgagee Policy $ .
Indorsement charges $
Total $ 2 911 00
Of this total amount. $ (05 20 $) will be
issuing Company; $ ( paid to the policy
Title Insurance Agent; and the remainder of the estimated teeming
paid to other parties as follows:
Amount (or %) To Whom
Services
CYPTNI I WNSTLOW
*The estimated premium is based upon information furnished to us as of 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 State Board of Insurance.
ANN E. ENGLES
(5121 460 -5666
Ms. Joanne Land
City Secretary
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Dear Ms. Land:
AEE:kld
Enclosure
RAVES, DOUGHERTY, HEARON & MOODY
ATTORNEYS Alp-AW
2300 INTERFiRST TOWER
POST OFFICE SOX 99
AUSTIN, TEXAS 78767
TELEPHONE: (5121 460 -5600
September 25, 1985
Re: Proposed Sale of Reversionary Interest in Old
Settlers Park
Thank you very much for your assistance in this matter.
Yours very truly,
Ann E. Engles
TELECOPY: (5121 478-1976
Enclosed you will find a Notice to Bidders of a Proposed
Sale or Exchange of Real Property, regarding the above - referenced
property. Please confirm with Don Wolf that the language is
appropriate and forward the Notice to the Round Rock Leader.
We hope to have the Notice run on Monday, September 30, 1985,
and Thursday, October 3, 1985, with the final date for receiving
bids being Thursday, October 17, 1985.
NOTICE TO BIDDERS OF
PUBLIC SALE OR EXCHANGE OF REAL PROPERTY
SEALED BIDS WILL BE ACCEPTED BY THE CITY OF ROUND ROCK FOR:
A REVERSIONARY INTEREST IN A 10.969 -ACRE TRACT OF LAND
CURRENTLY KNOWN AS "OLD SETTLERS PARK," BEING A PORTION
OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 IN
WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the westerly right -of -way line
of Interstate Highway No. 35 at Ste. 1340.02.80, being the most southeasterly
corner of a 1.00 -acre tract of land being leased to others by The Old Settlers
Association of Williamson County, Texas (not included in this survey), said iron
rod found being the most northeasterly corner and POINT OF BEGINNING hereof;
THENCE, with the westerly right -of -way line of I.H. No. 35
518 at a distance of 277.00 feet pass a concrete highway monument found
at Sta. 1342.79.80, continue for a total distance of 309.90 feet to an iron rod
set at Ste. 1343.12.70 for an angle point in the easterly line hereof;
THENCE, continuing with: said right -of -way line 502'38'28'E for a
distance of 92.11 feet to a 60d nail found in the remains of a destroyed
concrete highway monument for an angle point in the easterly line hereof;
THENCE, continuing with the westerly right -of -way line of I.N. No.
35 S18`14'03 at 384.66 feet pass an iron rod set as witness, continue a total
distance of 434.66 feet to a point in the centerline of Lake Creek being also
the easterly common corner of Round Rock West Section Three Revised as recorded
in Cabinet C, Slide 173'0f the Plat Records of Williamson County, Texas, and the
herein - described tract for-the most southeasterly corner hereof;
THENCE, departing the westerly right -of -way line of I.H. No. 35
with the centerline of Lake Creek being common boundary line between said Round
Rock West Sec. 3 Revised and said tract of land of record in Volume 258, Page
276 of the Deed Records of Williamson County, Texas, 571'42'00'W for a distance
of 333.54 feet to a point in the centerline of Lake Creek for an angle point in
the southerly line hereof;
THENCE, continuing with the centerline of Lake Creek and said
common boundary line S89'47'00 "W for a distance of 56.42 feet to a point in the
easterly right -of -way line of the Union Pacific Railroad (formerly the
Georgetown branch of Missouri Pacific Railroad) for the southwesterly corner
hereof;
THENCE, departing the centerline of Lake Creek and said common
boundary line with the easterly right -of -way line of said Railroad N40 "W
at a distance of 79.73 feet pass an iron rod set as witness to the most
southwesterly corner of the herein- described tract, continue for •a total
distance of 277.08 feet to an iron rod set at an angle point- in the easterly
line of said Railroad right -of -way for an angle point in the wester4 line
nereof ;
THENCE, continuing with said Railroad right -of -way line (50.00
feet from and easterly of the centerline of the existing tracks) N22'54 at
• distance of 135.70 feet pass • point being in' the original Common boundary between said tract of land conveyed from Harrell to Old Settlers Assoc. b y
instrument recorded in Volume 258, Page 276 of the Deed Records of Williamson
County, Texas, and a tract of land conveyed from Dr. E.M. Burleson to John F.
Adolphson by instrument recorded in Volume 184, Page 350 of the Deed Records of
Williamson County, Texas, said point being also the most southerly corner of the
above- mentioned 1.94 -acre tract (Volume 442, Page 449), continue a total
distance of 458.81 feet to an iron rod set at a point of curvature in said
railroad right-of-way . for a point of curvature in the westerly line hereof;
THENCE, with a curve to the right, being 50.00 from (radial
neasrrement) and easterly of the existing railroad tracks, having a central
angle of 04'27'39', a radius of 5679.70 feet, an arc distance of 442.20 feet, a chord which bears N20t40'14'V for a distance of 442.09 feet to a point of
tangency in said railroad right -of -way being a point of- tangency in the westerly
line hereof;
THENCE, Continuing with said railroad right -of -way line 50.00 feet
easterly of and parallel with the centerline of the existing tracks N18'26'25'W
for a distance of 37.38 feet to an iron rod set being a southwesterly corner of
a 2.572 -acre tract of land which is a remainder portion of that land conveyed to
John F. Adolphson by Dr. E.M. Burleson and wife in Volume 184, Page 350 of
the Deed Records of Williamson County, Texas, said iron rod set being - also the
most northerly corner of said 1.94 -acre tract of land and the most northerly
corner hereof;
THENCE, with common boundary line between said 2.572 -acre tract of
land and said 1.94 -acre tract S48 for a distance of 448.40 feet to an
Iran rod set in the original boundary line between said Harrell to Old Settlers
Assoc. tract (Volume 258, Page 276) and said Adolphson to Old Settlers tract
(Volume 442, Page 449) being also the southeasterly corner of Tract One referred
to in said Volume 442, Page 449 for an angle point in the northerly line hereof;
THENCE, N04'28'54'E for a distance of 150.58 feet to an iron rod
found being the southwesterly corner of the previously- mentioned 1.00 -acre lease
tract far an angle point in the northerly line hereof;
THENCE, with the southerly line of said lease tract 583'46'37'E
for a distance of 313.79 feet to the POINT OF BEGINNING hereof.
WHICH INTEREST WAS CREATED IN FAVOR OF THE CITY BY A
DEED FROM MAGGIE J. HARRELL AND HUSBAND, T. M. HARRELL,
TO ED R. ANDERSON, PRESIDENT OF THE OLD SETTLERS
ASSOCIATION OF WILLIAMSON COUNTY, WHICH DEED IS RECORDED
IN VOLUME 258, PAGE 276 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BY A DEED FROM CODY R.
ADOLPHSON AND WIFE, RUBY LOUISE ADOLPHSON, TO THE OLD
SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, WHICH DEED IS
RECORDED IN VOLUME 442, PAGE 449 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS. THE REVERSIONARY INTEREST IS
TRIGGERED BY THE DISSOLUTION OF THE OLD SETTLERS
ASSOCIATION OF WILLIAMSON COUNTY BY OPERATION OF LAW OR
TIME.
THE CITY OF ROUND ROCK WILL EXCHANGE THE ABOVE- DESCRIBED INTEREST
FOR A SUBSTANTIALLY EQUIVALENT REVERSIONARY INTEREST IN OTHER REAL
PROPERTY WHICH THE CITY OF ROUND ROCK DETERMINES TO BE DESIRABLE,
CONVENIENT AND ACCEPTABLE FOR PARK PURPOSES, OR IF AN EXCHANGE OF
A SUBSTANTIALLY EQUIVALENT REVERSIONARY INTEREST IN OTHER REAL
PROPERTY IS NOT ACCEPTED BY THE CITY OF ROUND ROCK, SAID
REVERSIONARY INTEREST MAY BE SOLD FOR THE FAIR MARKET VALUE OF
SAID REVERSIONARY INTEREST.
BIDS WILL BE RECEIVED UNTIL 10:00 A.M. ON OCTOBER 17, 1985. ANY
BIDS RECEIVED AFTER 10:00 A.M. ON OCTOBER 17, 1985 WILL BE
REJECTED AND RETURNED UNOPENED. BIDS MUST BE MAILED TO:
City of Round Rock
Joanne Land
214 East Main Street
Round Rock, Texas 78664
-2-
PLEASE MARK YOUR BID ENVELOPE "REVERSIONARY INTEREST IN OLD
SETTLERS PARK: SEALED BIDS ". THE CITY OF ROUND ROCK RESERVES THE
RIGHT TO REJECT ANY OR ALL BIDS RECEIVED. ADDITIONAL INFORMATION
WITH REGARD TO THE SPECIFICATIONS MAY BE OBTAINED FROM:
Publication Date: October 3, 1985
14:9
Don Wolf
City Attorney
Round Rock, Texas 78664
(512) 255 -3612
-3-
'
NE LAND, CIT SECRETARY
NOTICE TO BIDDERS OF
PUBLIC SALE OR EXCHANGE OF REAL PROPERTY
SEALED BIDS WILL BE ACCEPTED BY THE CITY OF ROUND ROCK FOR:
A REVERSIONARY INTEREST IN A 10.969 -ACRE TRACT OF LAND
CURRENTLY KNOWN AS "OLD SETTLERS PARK," BEING A PORTION
OF THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284 IN
WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the westerly right -of -way line
of Interstate Highway No. 35 at Sta. 1340.02.80, being the most southeasterly
corner of a 1.00 -acre tract of land being leased to others by The Old Settlers
Association of Williamson County, Texas (not included in this survey), said iron
rod found being the most northeasterly corner and POINT OF BEGINNING hereof;
THENCE, with the westerly right -of -way line of I.H. No. 35
518 15'00 - E at a distance of 277.00 feet pass a concrete highway monument found
at Sta. 1342.79.80, continue for a total distance of 309.90 feet to an iron rod
set at Sta. 1343.12.70 for an angle point in the easterly line hereof;
THENCE. continuing with: said right -of -way line 502'38'28'E for a
Cistance of 92.11 feet to a 60d nail found in the remains of a destroyed
concrete highway monument for an angle point in the easterly line hereof;
THENCE, continuing with the westerly right -of -way line of 1.H. Uo.
35 S18`14'03'E at 384.66 feet pass an iron rod set as witness. continue a total
distance of 434.66 feet to a point in the centerline of Lake Creek being also
the easterly common corner of Round Rock West Section Three Revised as recorded
in Cabinet C, Slide 173 Of the Plat Records of Williamson County, Texas, and the
herein- described tract for -the most southeasterly corner hereof;
THENCE, departing the westerly right -of -way line of I.H. No. 35
with the centerline of Lake Creek being common boundary line between said Round
Rock West Sec. 3 Revised and said tract of and of record in Volume 258, Page
276 of the Deed Records of Williamson County, Texas, S71'42'00 •W for a distance
of 333.54 feet to a point in the centerline of Lake Creek for an angle point in
the southerly line hereof;
THENCE, continuing with the centerline of Lake Creek and said
common boundary line S89 for a distance of 56.42 feet to a point in the
easterly right -of -way line of the Onion Pacific Railroad (formerly the
Georgetown branch of Missouri Pacific Railroad) for the southwesterly corner
hereof;
THENCE, departing the centerline of Lake Creek and said common
boundary line with the easterly right -of -way line of said Railroad N40'14'07 "W
at a distance of 79.73 feet pass an iron rod set as witness to the most
southwesterly corner of the herein- described tract, continue for 'a total
distance of 277.08 feet to an iron rod set at an angle point- in the easterly
line of said Railroad right -of -way for an angle point in the westerly line
nereof:
THENCE, continuing with said Railroad right -of -way line (50.00
feet from and easterly of the centerline of the existing tracks) N22<54•o5-1,a
a distance of 135.70 feet pass a point being in' the originacommon `boundary
, line between said tract of land conveyed from Harrell to Old Settlers Assoc >by1
instrument recorded in Volume 258, Page 276 of the Deed Records of 'Williamson
County, Texas, and a tract of land conveyed from Or. E.M. Burleson to John F.
,.!-:-Adolphson by instrument recorded in Volume 184, Page 350 of the Deed Records of
.Williamson County, Texas, said point being also the most southerly corner of the
above- mentioned 1.94 -acre tract (Volume 442, Page 449), continue a total
distance of 458.81 feet to an iron rod . set at a point of Curvature in said
railroad right -of -way for a point of curvature in the westerly line hereof;
THENCE, with a curve to the right, being 50.00 from (radial
measrrement) and easterly of the existing railroad tracks, having a central
angle of 04'27'39% • radius of 5679.70 feet, an arc distance of 442.20 feet,
and a chord which bears N20=40'141/ for a distance of 442.09 feet to a point of
tangency in said railroad right -of -way being s point of. tangency in the westerly
line hereof;
THENCE, continuing with said railroad right -of -way line 50.00 feet
easterly of and parallel with the centerline of the existing tracks N18'26'25'11
for a distance of 37.38 feet to an iron rod set being a southwesterly corner of
• 2.572 - acre tract of land which is a remainder portion of that land conveyed to
Jahn F. Adolphson by Or. E.M. Burleson and wife in Volume 184, Page 350 of
the peed Records of Williamson County, Texas, said iron rod set being - also the
most northerly corner of said 1.94 -acre tract of land and the most northerly
corner hereof;
THENCE, with common boundary line between said 2.572 -acre tract of
land and said 1.94 -acre tract 548'49'05'E for a distance of 448.40 feet to an
" """iron rod set in the original boundary line between said Harrell to Old Settlers
Assoc. tract (Volume 258, Page 276) and said Adolphson to Old Settlers tract
(Volume 442, Page 449) being also the southeasterly corner of Tract One referred
to in said Volume 442, Page 449 for an angle point in the northerly tine hereof;
THENCE, N04 for a distance of 150.58 feet to an iron rod
found being the southwesterly corner of the previously- mentioned 1.00 -acre lease
tract 16r an angle point in the northerly line hereof;
` THENCE, with the southerly line of said lease tract 5113'46'37'E
for a distance of 313.79 feet to the POINT OF BEGINNING hereof.
WHICH INTEREST WAS CREATED IN FAVOR OF THE CITY BY A
DEED FROM MAGGIE J. HARRELL AND HUSBAND, T. M. HARRELL,
TO ED R. ANDERSON, PRESIDENT OF THE OLD SETTLERS
ASSOCIATION OF WILLIAMSON COUNTY, WHICH DEED IS RECORDED
IN VOLUME 258, PAGE 276 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BY A DEED FROM CODY R.
ADOLPHSON AND WIFE, RUBY LOUISE ADOLPHSON, TO THE OLD
SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, WHICH DEED IS
RECORDED IN VOLUME 442, PAGE 449 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS. THE REVERSIONARY INTEREST IS
TRIGGERED BY THE DISSOLUTION OF THE OLD SETTLERS
ASSOCIATION OF WILLIAMSON COUNTY BY OPERATION OF LAW OR
TIME.
THE CITY OF ROUND ROCK WILL EXCHANGE THE ABOVE- DESCRIBED INTEREST
FOR A SUBSTANTIALLY EQUIVALENT REVERSIONARY INTEREST IN OTHER REAL
PROPERTY WHICH THE CITY OF ROUND ROCK DETERMINES TO BE DESIRABLE,
CONVENIENT AND ACCEPTABLE FOR PARK PURPOSES, OR IF AN EXCHANGE OF
A SUBSTANTIALLY EQUIVALENT REVERSIONARY INTEREST IN OTHER REAL
PROPERTY IS NOT ACCEPTED BY THE CITY OF ROUND ROCK,.- SAID
REVERSIONARY INTEREST MAY BE SOLD FOR THE FAIR MARKET VALUE OF
SAID REVERSIONARY INTE "
BIDS WILL BE RECEIVED UNTIL 10:00 A.M. ON NOVEMBER
BIDS. RECEIVED : -AFTER .10:00 ` A.M. "'ON
REJECTED AND RETURNED UNOPENED. BIDS MUST BE
City of Round Rock
Joanne Land
214 East Main Street
Round Rock, Texas 78664
EMB R 4, Y
, :.WILL: BE
MAILED TO: .
-2-
PLEASE MARK YOUR BID ENVELOPE "REVERSIONARY INTEREST IN OLD
SETTLERS PARK: SEALED BIDS ". THE CITY OF ROUND ROCK RESERVES THE
RIGHT TO REJECT ANY OR ALL BIDS RECEIVED. ADDITIONAL INFORMATION
WITH REGARD TO THE SPECIFICATIONS MAY BE OBTAINED FROM:
Publication Date:
October 17, 1985
October 21, 1985
14:9
Don Wolf
City Attorney
Round Rock, Texas 78664
(512) 255 -3612