R-00-04-13-10B14 - 4/13/2000RESOLUTION NO. R- 00- 04- 13 -10B14
WHEREAS, the City desires to purchase certain tracts of land for
additional right -of -way along Gattis School Road, and
WHEREAS, D K Partnership, Ltd., the owner of the property, has
agreed to sell 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 Real Estate Contract with D K Partnership, Ltd.,
for the purchase of the above described property, a copy of said Real
Estate Contract being attached hereto 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, and the Act.
RESOLVED
this 13th day of April, 2000.
ST:
JO LAND, City Secretary
K : \HPOOCS \RESOLUTI \R00413E.14/SC
RT A. STLUKA, r. ., Mayor
City of Round Rock, Texas
State of Texas
County of Williamson
THIS CONTRACT OF SALE ( "Contract ") is made by and between D K
Partnership, LTD., a Texas limited partnership (referred to in this
Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City
of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in
this Contract as "Purchaser "), upon the terms and conditions set forth
in this Contract.
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, the tracts of land situated in Round
Rock, Williamson County, Texas, being more particularly described as
follows:
C: \UPDOCS \ACITY \AD
REAL ESTATE CONTRACT
ARTICLE I
PURCHASE AND SALE
Section One V j
Lot 9, Block A, Windy Park Subdivision Located / h
in Round Rock, Williamson County, Texas; and N
The most northerly ten feet (10') off of Lots 1, 3,
4, 5, 6, 7, and 8 Block A, Windy Park Subdivision, Section One s 0
located in Round Rock, Williamson County, Texas. /,
together with all and singular the rights and appurtenances pertaining
to the property, including any right, title and interest of Seller in and
to adjacent streets, alleys or rights -of -way (all of such real property,
rights, and appurtenances being referred to in this Contract as the
"Property "), together with any improvements, fixtures, and personal
property situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
s \Ziaja \A- Eina1.,,pd /s1s
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Sixty -
two Thousand Five Hundred and no /100 Dollars ($ 62,500.00.)
1
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the satisfaction of each
of the following conditions (any of which may be waived in whole or in
part by Purchaser at or prior to the closing).
Preliminary Title Commitment
3.02. Within thirty (30) days after the date hereof, Seller, at
Seller's sole cost and expense, shall have caused First American Title
Company (the "Title Company ") of Round Rock, Texas, to issue a
preliminary title report (the "Title Commitment ") accompanied by copies
of all recorded documents relating to easements, rights -of -way, etc.,
affecting the Property. Purchaser shall give Seller written notice on or
before the expiration of twenty (20) days after Purchaser receives the
Title Commitment that the condition of title as set forth in the title
binder is or is not satisfactory, and in the event Purchaser states that
the condition is not satisfactory, Seller shall promptly undertake to
eliminate or modify all unacceptable matters to the reasonable
satisfaction of Purchaser. In the event Seller is unable to do so within
ten (10) days after receipt of written notice, this Contract shall
thereupon be null and void for all purposes and the Escrow Deposit shall
be forthwith returned by the Title Company to Purchaser. Purchaser's
failure to give Seller this written notice shall be deemed to be
Purchaser's acceptance of the Title Commitment.
Survey
3.03. Within thirty (30) days from the date hereof, Purchaser,
at Purchaser's sole cost and expense, shall cause to be delivered a
current plat of survey of the Property, prepared by a duly licensed
Texas land surveyor acceptable to Purchaser. The survey shall be
staked on the ground, and the plat shall show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks, or
other water courses, fences, easements, and rights -of -way on or
adjacent to the Property, if any, and shall contain the surveyor's
2
certification that there are no encroachments on the property and
shall set forth the number of total acres.
Purchaser will have ten (10) days after receipt of the survey to
review and approve same. In the event any portion of the survey is
unacceptable to Purchaser, then Purchaser shall within the ten (10)
day period, give Seller written notice of this fact. Seller shall
promptly undertake to eliminate or modify all the unacceptable
portions to the reasonable satisfaction of Purchaser. In the event
Seller is unable to do so within ten (10) days after receipt of
written notice, Purchaser may terminate this agreement, and the
agreement shall thereupon be null and void for all purposes and
Escrow Deposit shall be returned by the title company to Purchaser.
Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the survey.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company, on or before the
15th day of May, 2000, or at such time, date, and place as Seller and
Purchaser may agree upon (which date is herein referred to as the
"closing date ").
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged General
Warranty Deed conveying good and marketable title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
(i) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant
Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
to
(b) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by the Title Company, in
Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property subject
3
only to those title exceptions listed above, such other
exceptions as may be approved in writing by Purchaser, and the
standard printed exceptions contained in the usual form of
Texas Owner's Title Policy.
(c) Deliver to Purchaser possession of the Property.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price.
Prorations
4.03 General real estate taxes for the then current year
relating to the Property, shall be prorated as of the closing date and
shall be adjusted in cash at the closing. If the closing shall occur
before the tax rate is fixed for the then current year, the apportionment
of taxes shall be upon the basis of the tax rate for the next preceding
year applied to the latest assessed valuation. All special taxes or
assessments to the closing date shall be paid by Seller.
Closing Costs
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Seller;
Survey paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
It is understood and agreed that there are no brokers involved in the
negotiation and consummation of this Contract.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the
terms and provisions of this Contract, Purchaser has delivered to the
Title Company, the sum of One Thousand Dollars ($1,000.00), the Escrow
4
Deposit, which shall be paid by the Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article VIII hereof. At
the closing, the Escrow Deposit shall be paid over to Seller and applied
to the cash portion of the purchase price, provided, however, that in the
event the Purchaser shall have given written notice to the Title Company
that one or more of the conditions to its obligations set forth in
Article III have not been met, or, in the opinion of Purchaser, cannot
be satisfied, in the manner and as provided for in Article III, then the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser.
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of
its obligations hereunder or shall fail to consummate the sale of the
Property for any reason, except Purchaser's default, Purchaser may: (1)
enforce specific performance of this Contract; (2) request that the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser; or (3) bring suit for damages against Seller.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the
Property, the conditions to Purchaser's obligations set forth in Article
III having been satisfied and Purchaser being in default and Seller not
being in default hereunder, Seller shall have the right to (1) bring suit
for damages against Purchaser; or (2) receive the Escrow Deposit from the
Title Company, the sum being agreed on as liquidated damages for the
failure of Purchaser to perform the duties, liabilities, and obligations
imposed upon it by the terms and provisions of this Contract, and Seller
agrees to accept and take this cash payment as its total damages and
relief and as Seller's sole remedy hereunder in such event.
ARTICLE IX
MISCELLANEOUS
Assignment of Contract
9.01. (a) This Contract may not be assigned without the express
written consent of Seller.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
5
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not
be merged therein.
Notice
(c) Any notice required or permitted to be delivered hereunder shall
be deemed received when sent by United States mail, postage prepaid,
certified mail, return receipt requested, addressed to Seller or
Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
(d) This Contract shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Williamson County, Texas.
Parties Bound
(e) This Contract shall be binding upon and inure to the benefit
of the parties and their respective heirs, executors, administrators,
legal representatives, successors and assigns where permitted by this
Contract.
Legal Construction
(f) In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein.
Prior Agreements Superseded
(g) This Contract constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
Time of Essence
(h) Time is of the essence in this Contract.
6
Gender
(i) Words of any gender used in this Contract shall be held and
construed to include any other gender, and words in the singular number
shall be held to include the plural, and vice versa, unless the context
requires otherwise.
Memorandum of Contract
(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
Effective Date
(k) This Contract shall be effective as of the date it is approved
by the City Council, which date is indicated beneath the Mayor's
signature below.
Set Back Variance
(1) Purchaser agrees to support Seller's reasonable application
for a variance to allow a twenty foot (20') front yard building set back
in place of the required twenty -five foot (25') front yard building set
back.
SELLER:
D K Par ership, LT
By: s- _ yu°`4
David S. aja, General Partner
By : �(`� 6
Kathryn ZiajAe, General Partner
Date:
PURCHASER:
B
C
D ROCK, TEXAS
1,4
ert A. Stluka, SY., Mayor
221 E. Main Street
Round Rock, Texas 78664
Date:
7
DATE: April 7, 2000
SUBJECT: City Council Meeting — April 13, 2000
ITEM: 10.B.14. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with D. K. Partnership, Ltd. for the purchase of
right -of -way on Gattis School Road. Staff Resource Person: Jim
Nuse, Public Works Director.
RETURN TO: First American Title tUUUU Jb4'FU
GF k `�°'� •
* *This document is being re- recorded to attach Exhibit "A"
eciltterif
CASH WARRANTY DEED 4 } eato ly
Date: f - , 2000
Grantor: DK PARTNERSHIP, LTD.
— 30cCtmer1+ 4 0o0o64, X78
Grantor's Mailing Address (including county): ORIGINAL FILED
F(11' h!rr-r. ,.a. , ----,
SEP 2 72(100
DK PARTNERSHIP, LTD.
po BrIc 440 t- Ft( 7g634--
l& I LU F3NISa� COUNTY
Grantee: CITY OF ROUND ROCK
Grantee's Mailing Address (including county):
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TEXAS
WILLIAMSON COUNTY
CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
ccunoj x'�am
l. aa. pM
All of Lot 9, and a portion of Lots 1, 3, 4, 5, 6, 7 and 8,
Block "A ", WINDY PARK, SECTION ONE, according to the map or
plat thereof recorded in Cabinet H, Slide 723, Plat Records of
Williamson County, Texas, the portion of Lots 1, 3, 4, 5, 6,
7 and 8 being more specifically described in Exhibit "A"
attached hereto and incorporated herein.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights -of -way, and prescriptive rights, whether of record or
not; all presently recorded restrictions, reservations, covenants,
conditions, oil, gas or other mineral leases, mineral severances, and
other instruments, other than liens and conveyances, that affect the
property; rights of adjoining owners in any walls and fences situated on
a common boundary; any encroachments or overlapping of improvements; and
taxes for the current year, the payment of which Grantee assumes, and the
following specific reservations and exceptions:
1. A ten foot (10') public utility easement along the rear
property line as set forth on the recorded plat and
dedication.
CASH WARRANTY DEED - PAGE 1
C: \WPDOCS \FATCO \01116WOC.WPD/kq
2. A five foot (5') public utility easement along all street
rights -of -way as set forth on the recorded plat and dedication.
3. Building setback provisions as set forth in
recorded in Cabinet H, Slide 273, Plat Records,
County, Texas:
Front:
Rear:
Interior side:
25 feet
5 feet
5 feet
4. A five foot (5') building setback
line as recorded in Volume 1542
Page 819, both Official Records,
5. A - - ten fouL (10 ' ) setback
line as recorded in Volume 1542
Page 819, both Official Records,
CASH WARRANTY DEED - PAGE 2
DK PARTNERSHIP, LTD.
By:
DAVID S. ZI
instrument
Williamson
line along the side property
, Page 296 and Volume 2114,
Williamson County, Texas.
line along the rear property
, Page 296 and Volume 2114,
Williamson County, Texas.
Grantor, for the consideration, receipt of which is acknowledged,
and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells and conveys to Grantee the property, together
with all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee, Grantee's heirs, executor,
administrators, successors or assigns forever. Grantor's heirs,
executors, administrators and successors are hereby bound to warrant and
forever defend all and singular the property to Grantee and Grantee's
heirs, executors, administrators, successors and assigns against every
person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance
and warranty.
When the context requires, singular nouns and pronouns include the
plural.
General Partner
KATHRYN A. ZIAJAW G neral Partner
STATE OF TEXAS
COUNTY OF WILLIAMSON
STATE OF TEXAS
COUNTY OF WILLIAMSON
SUSAN PATTERSON
MY COMMISSION EXPIRES
February 1, 2004
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
CASH WARRANTY DEED - PAGE 3
ACKNOWLEDGMENT
11
§
§
§
This instrument was acknowledged before me on the RA day of
MO! , 2000, by DAVID S. ZIAJA, General Partner of DK
PARTNERSHIP, LTD., a Texas limited partnership, on behalf of said limited
partnership.
Notary Public, State of Texas
§
§
This instrument was acknowledged before me on the o2Z day of
MA) , 2000, by KATHRYN A. ZIAJA, General Partner of DK
PARTNERSHIP, LTD., a Texas limited partnership, on behalf of said
limited partnership.
Notary Public, State of Texas
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
RETURN TO• FRST AMERIC -
S;
FILED cINli RECORDED
OFFICIAL PUBLIC RECORDS
06 -07 -2000 01:08 PM 2000036470
MABRY $13.00
NAAM WILLIAMSON E COUN T TY, TEXAS
SrOST eowr rsa
.,w. saws
CADLA.Samxwx
omom )W AOEI
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.080
J.S. COALMEN & ASSOCIATES
REOISTE ED PRorsastroma. LAND
LICENSED SEAT E LAND SVS"ETCO1
BEING THE NORTH TEN (10) FEET OF LOT 1, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE l.2P OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WILLIAMSCN COUNTY, AND BEING MORE PARTICSTLARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the
northwest corner of said Lot 1, BloCk A, Windy Patk Section
• One Revised, said eeginni ng
Point being in the south line of attis School
nni
Road;
THENCE S 89°. 16' E a distance of 27.50 School Road to it's t t's intersection with the west line Windy Park D Gattis s
Drive;
THENCE with the west line of Windy Park Drive, the following described two (2)
courses and distances:
1) An arc distance of 12.45 feet with a curve to the right, said
curve having a central angle of 71'. 20', a radius of 10.00 feet,
a chord distance of 11.66 feet and a chord bearing of $ 53'• 36' E
to a point, and;
2) S 17' 56' E a distance of 3.38 feet to an iron rod set at the
southeast corner hereof;
THENCE N 89 °• 16' W a distance of 38.05 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0'. 44' E a distance of 10.00 feet with the west line of said lot to
the Place of Beginning, containing 354 square feet of land.
ASSOCIATES, SURVEYORS
FIELD NOTES
Exhibit" 6 Is
DOS N.zCSC METZ DM
1e,OieID Itomr. iarwa TOM{
(61.2) ISLAM 1ZLETKONE
012) SSIWEISS rA^aD^` -
STAN WALTER
RMS. 1.RUe
MOWS NANAGRR
Stan C palter, RPLS, ISIS
5 -15 -2000 File No. 00.081
J.B. CoALTER & ASSOCIATES
REOaRR1mD PROFESSION.U. UwNa SURVEYOR 006 N. TRIPS, BUMS 306
ROUND ROCMX, TEXAS 766!6
ASSOCIATES, SURVEYORS
mama== BT.TR LANG BUJRVID+ro&
FIELD NOTES
X615) 2655211 Y'5LS'NDNi
(612) 7656261 ►AOOmu*.
BEING THE NORTH TEN (10) FEET OF LOT 3, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSCY4 COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF REGARDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WILLIIMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the northeast corner of t Lot 3, Block A, Windy Park Section
Point Revised, said Beginning in the south_liae of Gattis School
Road;
THENCE S 0 °. 44' W a distance of 10.00 feet with the east line of said lot to
an iron and set at the southeast corner hereof;
th 16' feet thereof, to 50.00
an iron set atsaid
the southwest corne severing
hereof in the west line of said lot; to
the northwest corner thereof in of the south th @ west
line of Gattis o
Schcol Road; lot
THENCE S 69° 16' E a distance of 50.00 feet with of Gattis
School Road to the Place of Beginning, containing 500 square feet of
Exhibit "
STAN COAST=
PSI" LSLS
CARLA SNINNAN
OTTLOS NANAOFR
Stan Walter, RPIS, LSLS
. 5 -15 -2000 File No. 00.082
J.S. COALTER & ASSOCIATES
RSOSST2 PAeWssizor s. LAND StLIMPLICOSI
L7CSNSED STATE LAND SURVZVOZC
FIELD NOTES
SOS N. ac es. Sums SOS
7COTJND BOWL LIRAS 7•014
OLIO C1e.12u T=LILP LONZ
css7q a55$20.1 :ACOLTEi.r
BEING THE NORTH TEN (10) FEET OF LOT 4, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET H. SLIDE 273, PLAT
RECORDS OF WILLIAMSON comm, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND HOUNDS AS FOLLOWS, TO WIT: Park Section
One Revised, at the
sa northeast i n4 Point being in the south line of Gattis School
c�eviBeginning
Road;
THENCE S Cr- 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89° 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE
hee northwest corner thereof in the south line s o said lot to
ne of Gattis School Road;
THENCE S 89 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
Exhibit " /9
99
*TAN COASTER
"true. L$La
CAN LA BF@NAN
OPF(OE MANAasR
BEING THE NORTH TEN (10) FEET OF Id1 5, BLOCK A( WINDY PARR SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING 10 THE MAP OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WILLIAMSON COUNTY, AND BEflG MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLcWS, TO WIT:
BEGINNING at the northeast corner of said Lot 5, Block A, Windy Park Section
One Revised, said Beginning- Point being-in -the south line of Gattis School
Road;
THENCE $ 0 °. 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89 °. 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0. 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 89° 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
8 ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
5 -15 -2000 File NO. 00.083
J.S. COALTER & ASSOCIATES
1720ZOTEILICID ) ROT;B5IONAL LAND LLDCVEYOR 500 N. 23t 50, BtRT2 100
ROUND ROCK =CAS 2000
Ltom0BRD MATE LAND BURVRYOR
FIELD NOTES
Exhibit " / SP
(615) 565.6213 TTLEPBotgs
(212) 260 -5963 2A0626121.2
5 L*24 OOAVIER
RTLS. law
CAIU.A SiOPMAN
OTDIOE YdANAOEA
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.084
J.S. CO—ALTER & ASSOCIATES
RSQi6TSRFD TRO5E5a1011AL SAND aORVL'YOR 665 N. NE 65, sins 100
ROUND NOOK TID(As 76664
LIO15543i212 ISTATS LAND SURVEYOR
FIELD NOTES
(6151565 .2515 TCLEPXONE
fRm 566.2566 PAC151411. 15
BEING THE NORTH TEN (10) FEET OF LOT 6, BLOCK A, WINDY PARR SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WIC COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the northeast corner of said Lot 6, Block A, Windy Park Section
One Revised, said - Beginning — Point being in the south line of Gattis School
Road;
THENCE S 0° 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89 °• 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0 °• 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 69 °• 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
Exhibit " A so
aTAN OOAVP2R
RPLA. LI1iA
CwItLA SIOLPMAN
OFFIOR SMANAO P.
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.085
J.S. CoALTER eZ ASSOCIATES
EMDUMERNOMPANSMOMONALLMNIDMAMMMOR
UMENIIMPCVCRLWKOWWWWVOS
FIELD NOTES
SOS N.1 151. 011LT21°1
ROUND ROOK ?RXAO 75514
(1141156.5211 5DLRP51ONR
(112/ 315.62U FAOBDdsz.2
BEING THE NORTH TEN (10) FEET OF LOT 7, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY; TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the northeast corner of said It 7, Block A, Windy Park Section
One Revised, - said- Beginning Point being in the south line of Gattis School
Road;
THENCE S 0° 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0. 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 89° 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
Exhibit " A fe
sTAN COAUPER
Onar.% MUMMAN
OFF OE N,.NAOaaa
J.S. COALTEA & ASSOCIATES
REGIBTp.RED PO rssesONA . LAND OURVEYOR
WOWS= "TATR LAND BURVIDYOR
FIELD NOTES
ODs N. Dias. ow1TR Lob
ROUND ROCK 191:34.13 40011
0314) 08845112.1
. . WU >aswals lAeBDetls
BEING THE NORTH TEN (10) FEET OP LOT 8, BLACK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THERDDF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WILLIAMSOt1 COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the northeast corner of said It 8, Block A, Windy Park Section
One Revised, said Beginning Point being in the south line of Gattis School
Road;
THENCE S 0 °. 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89' 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0° 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 89 °. 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.086
Exhibit " A
19
October 5, 2000
Brown, McCarroll, Sheets & Crossfield, L.L.P.
Attn: Steve Sheets
309 E. Main St.
Round Rock, TX 78664
Re: Our File No 18000099
Purchaser: City of Round Rock
Dear Mr. Sheets:
Enclosed is your Owner Policy of Title Insurance. This policy contains important information about the
real estate transaction you have just completed; it is your guarantee of ownership. Please read it and retain
it with your other valuable papers. Also enclosed is the original recorded Notice to Purchasers for Real
Property, and an acknowledgment copy of the re- recorded Cash Warranty Deed. As we were preparing the
title policy, we noticed that the deed was filed originally without the Exhibit "A" attached. Therefore, we
attached the Exhibits and re- recorded the deed. The original will be forwarded to you upon receipt.
A complete and permanent file of the records concerning your transaction will be maintained in our office
under the above assigned file number. These records will assure prompt processing of future title orders
and save valuable time should you wish to sell or obtain a loan on your property. Visit or call any one at
our offices and simply give them your personal file number.
We appreciate the opportunity of serving you and will be glad to assist you in any way in regard to your
future escrow or title service needs.
It is not mandatory, but it is your responsibility to render your property to the respective taxing authorities
to assure proper mailing of future tax notices.
Again, thank you.
Sincerely,
First American Title Ins. Co. of Texas
Leigh
Lewis Lewi r //4
Central Processing Department
Enclosure:
RH/LAL
FIRST AMERICAN TITLE INSURANCE COMPANY
OF TEXAS
3834 Spicewood Springs, Austin, Tx 78759
Austin, Tx 78759
Phone (512) 345-0575 FAX (512) 345-0967
I1. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a mortgage to
which exception is taken in Schedule B or to which the insured has agreed, assumed,
or taken subject, or which is hereafter executed by an insured and which is a charge or
lien on the estate or interest described or referred to in Schedule A, and the amount so
paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed, in which case proof of loss
or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
that the insured claimant would have had against any person or property in respect to
the claim had this policy not been issued. If requested by the Company, the insured
claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The insured claimant
shall permit the Company to sue compromise or settle in the name of the insured
claimant and to use the name of the insured claimant in any transaction or litigation
Involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion that the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as staled above, that
t shall not void this policy, but the Company, in that event, shall be required to pay
only that part of any losses insured against by this policy that .shall exceed the amount.
if any, lost to die Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's Rights Against Non - Insured Obligors.
The Company's right of subrogation against non- insured obligors shall exist and
shall include, without limitation, the rights of the inured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any terms or conditions contained
in those instruments that provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by
specific provision in Schedule B of this policy, either the Company or the Insured may
demand arbitration pursuant to the Title Arbitration Rules or the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any
A
0
a
0
0
wcc
-Jc
Z
EC
U om
cc O C13
LLI
Q U F'
I- E- Z
GO P
m �
cohlrovers'y or claim between the Company and the Insured arising out of or relating
to this Policy, and service of the Company in connection with its issuance or the
breach of a policy provision or other obligation. All arbitrable matters when the
Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of
either the Company or the Insured, unless the insured is an individual person (as
distinguished from a corporation, trust, partnership, association or other legal entity).
All arbitrable matters when the Amount of Insurance is in excess of 51,000,000 shall
be arbitrated only when agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the insured, the Rules in effect at Date of
Policy shall be binding upon the ponies. The award may include attorneys' fees only if
the laws of the state in which the land is located permit a court to award attorneys'
fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may
be entered in any court having jurisdiction thereof.
The law of the suns of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A Copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
Interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss tar damage, whether or not based on negligence, and
which arises out of the status of the title 10 the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy.
(e) No amendment of or endorsement to this policy can be trade except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY-
In the event any provision of the policy is held invalid or unenforceable under
applicable law. the policy shall be deemed not to include that provision, and all other
provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT,
All notices required 10 be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and shall
be addressed to the Company al: First American Title Insurance Company, 11490
Westheimer Road, Suite 600, Houston, TX 77077.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, contact the agent or write to the Company that issued the policy. If the problem
is not resolved, you also may write the Texas Department of Insurance of Texas, P.O.
Box 149104, Austin, TX 78714 -9104, Fax No. (512) 305 -7426. This notice of
complaint procedure is for information only and does nm become a part or condition
of this policy.
(b) The Company shall have the right, at its own cast, to institute and Pf osecure
any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the title to the estate or interest, as insured, or to prevent or
- reduce loss or damage to the insured. The Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable hereunder, and shall
not thereby concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently,
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense io the action or proceeding, and
all appeals therein, and permit the Company to use, at as option, the name of the
insured for this purpose. Whenever requested by the Company, the insured, at the
Company's expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action
or proceeding, or effecting settlement, and (n) in any other lawful act thafie the
opinion of the Company may be necessary or desirable to establish the title to the
estate or interest as insured. If the Company is prejudiced by the failure of the insured
to furnish the required cooperation, the Company's obligations m the insured under the
policy shall terminate, including any liability or obligation to defend. prosecute, or
continue any litigation, with regard 10 the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished o the Company within 91
days after the insured claimant shall ascertain the facts giving rue to the lass or
damage. The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this policy that constitutes
the basis of hoss or damage and shall state, tic the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced by the
failure of the insured claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date before
or after Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the insured claimant shall
grant its permission, in writing, for any authorised representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
loss or damage. All information designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasomble judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for examination
under oath. produce other reasonably requested information or grant permission to
secure reasonably necessary information from third parties as required in this
paragraph shall terminate any liability of the Company under this policy as to that
claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured claimant. which
were authorized by the Company, up to the time of payment or tender of payment and
which the Company is obligated 10 pay.
Upon the exercise by the Company of this option, all lability and obligations to
the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(6) To Pay or Otherwise Settle With Patties Other than the Insured or With the
Insured Claimant.
ti) to pay or otherwise settle with other parties for or in the name of an
inured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant, which were authorized
• by the Company up to the time of payment and which the Company is obligated to
troy: or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any casts, anomeys' pas and expenses
incurred by the insured claimant, which were authorized by the Company up to the
time of payment and which the Company is obligated to pay,
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (it), the Company's obligations to the insured under this policy for
the claimed loss or damage, °Met than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue any
litigation.
7, DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary lass or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of manners insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or
(d) the difference between the value of the insured estate or interest as
nsured and the value of the insured estate or interest subject to the defect, hen or
encumbrance insured against by this policy at the date the insured claimant is required
to famish to Company a proof of loss or damage in accordance with Section 5 of these
Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is leas, or if subsequent to the Date of
Policy an improvement is erected on the land which increases the value of the insured
estate or interest by at least 20 percent over the Amount of Insurance stated in
Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro ram in the proportion that the amount of
insumnce at Dale of Policy bears to the total value of the insured estate or interest al
Date of Policy; or
(ii) where a subsequent improvement has been made, as m any partial
loss, the Company shall only pay the loss pro rala in the proportion that 120 percent
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance staled in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' f and
expenses for which the Company is liable under this policy, and shall only apply to
that portion of any lose which exceeds, in the aggregate, 10 percent of the Amount of
Insurance slated in Schedule A.
(e) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not
used as a single site, and a lass is established affecting one or more of the parcels but
r an, the loss shall be computed and settled on a pro rata basis as if the amount of
insurance under this policy was divided pro rata as to the value on fate of Policy of
each separate parcel m the whole, exclusive of any Improvements made subsequent to
Date of Policy, unless a liability or value has otherwise been agreed upon as to each
parcel by the Company and the insured at the time of the issuance of this policy and
shown by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, all as insured,
or takes action in accordance with Section 3 or Section 6, in a reasonably diligent
manner by any medial, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect an Nat matter and
shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no lability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written c0116en1 of the Company.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments trade for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro aim,
J.S. CoALTER & ,ASSOCIATES
STAN COALWER REOISTERSD PROiVi05IONAL LAND sugayy.3R
005 N. DI 60, SUITE 100
RPLS. LOLA LZCENSEL STATE LAND MUMMY=
ROUND ROCK TEfIAO 70004
CAR, SFIIPMAN (610) 966.621 TELEPHONE
OFFSOE MANAGER 0610) 066.0241 TACSMDS
FIELD NOTES
BEING THE NORTH TEN (10) FEET OF ITT 8, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET A, SLIDE 273, PLAT
RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULPLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the northeast corner of said Lot 8, Block A, Windy Park Section
One Revised - , said Beginning Point being in the south line of Gattis School
Road;
THENCE S 0 °. 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89 °- 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0° 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 89 °• 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.086
Exhibit " B -
STAN DOWER
19
1 i r . .. •
STAN GOALTER
RPLS, LBLB
00111A6STa' LHT
OFPIOE MANAGER
BEING THE FORTH TEN (10) FEET OF LCP 7, BIDCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, 70 WIT:
BEGINNING at the northeast corner of said Lot 7, Block A, Windy Park Section
One Revised, said Beginning Point being in the south line of Gattis School
Road;
THENCE S 0° 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89 °• 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0° 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 89° 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
( LT_' & ASSOCIATES, SURVEYORS
a /// %f
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.085
J.S. COALTER & ASSOCIATES
ENOTBTERED PROFEBBIONAL Iw1YD SURVEYOR
uoENpED STATE LAND 9011VEYOR
FIELD NOTES
Exhibit " 'E
606 N. IR 00. BUT= 106
ROUND ROOK TEXAS 6666a
(6141 466.1211 TELEPHONE
(614) 466.AH N FACBR6II.E
STAN COAIlTER
RPLO. LSLS
CARL. SICIPMAIY
OFFICE 1LNAGER
J. S. COALTER & ASSOCIATES
RSOISTran= PROII SEIONAL LAND SURVEYOR.
LICENSED SPATE LAND Z RVSYOR
FIELD NOTES
000 N. IIi 00, SUITE 100
ROUND ROCIG TS CAS 7000{
(0M 2004211 =LEMONS
10321 560.0800 FAGS NICLE
BEING THE NORTH TEN (10) FEET OF LOT 6, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF REOORDED IN CABINET fi, SLIDE 273, PLAT
RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY I4ElES
AND BOUNDS AS FOLLOWS, TO WIT;
BEGINNING at the northeast corner of said Lot 6, Block A, Windy Park Section
One Revised, said Beginning Point - being in the south line of Gattis School
Road;
THENCE S 0° 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89 °• 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0 °. 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 89 °• 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
COAL R & ASSOCIATES, SURVEYORS
O
€1,y,--
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.084
Exhibit " 3 -5
SO
STAN COA1TEa
Rr36. LSLA
GEL.A 23@MAN
011 MANAGER
BEING THE NORTH TEN (10) FEET OF WE 5, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WILL AMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, T7 WIT:
BEGINNING at the northeast corner of said Lot 5, Block A, Windy Park Section
One Revised, said Beginning Point being -in the south line of Gattis School
Road;
THENCE s 0 °. 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89 °. 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0° 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 89° 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
& ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.083
J.S. COALTER & ASSOCIATES
aroWeTERSa rxorseaxox..s LAND SVRV3.YGD
LTOBxeED /STATE I-AND aURV6:7OR
FIELD NOTES
Exhibit " 13 -
NOS N. D: a6. aril= 366
MOUND ROCS: TEXAS MA I4
(832) 9na -0237. TSLEPHOIpi
(617) 265.263 T C —
MAY.17.2000 .: °errn
STAN ee..:.Tan
BMA, LSLS
CARL. SHOMAN
OFFICE AL.NAOtR
& ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.082
JT. S. COAT...TER & ASSOCIATES
REGISTZO[ED raoasspIONA(. LAND 9521W Yan
L3CENSED =ATM LAND SURVEYOR
FIELD NOTES
BEING THE NORTH TEN (10) FEET OF LOT 4, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the northeast corner of said it 4, Block A , - - Windy Park Section
One Revised, said Beginning Point being in the south line of Gattis School
Road;
THENCE S 0 °- 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89° 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0° 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 89 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
Exhibit " 8-3
■05 N. DI 05. suns 100
ROUND ROCX. 1' AS Yacht
(0151255.0331 TELEP (ONL
(01.2) 26606303 TAC60412.2
MRY.17. d I ., mbrn
STAN COALTNA
1ePIS. LOLe
C SNIP6fAN MIS) 116$ -5211 TXLSPNCINZ
opy!cz MANAGE, _ (61a) MI-6M ucafdLLY
& ASSOCIATES, SURVEYORS
Stan Coalter, RPLS, LSLS
5 -15 -2000 File No. 00.081
J.S. COALTER & ASSOCIATES
RIIGN ITEI D P1%OPEIN NONAL LAND sURYa4Ori
LNCNNeeD STAYS LAND eUAYIDYOR
FIELD NOTES
BEING THE NORTH TEN (10) FEET OF LOT 3, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WIC COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the northeast corner of said It 3, Block A, Windy Park Section
One Revised, said Beginning Point being in the south line of Gattis School
Road;
THENCE S 0 44' W a distance of 10.00 feet with the east line of said lot to
an iron rod set at the southeast corner hereof;
THENCE N 89 16' W a distance of 50.00 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0 °• 44' E a distance of 10.00 feet with the west line of said lot to
the northwest corner thereof in the south line of Gattis School Road;
THENCE S 89° 16' E a distance of 50.00 feet with the south line of Gattis
School Road to the Place of Beginning, containing 500 square feet of land.
Exhibit " - z
906 N. IN I6. SU=l06
1(OUND ROCK.. .TEXAS WINK
rYiT.11•GVCJV �.+�. ��
!MAK COALTER
RPT_. L9L0
LICENSED STATE LAND 5UEVEYCSI
CISSIL0.EREPACAN 16191 9063311 TELEPHONE
16191206.990 PAGSMULE
OETIOA MANAGER
BEING THE NORTH TEN (10) FEET OF LOT 1, BLOCK A, WINDY PARK SECTION ONE
REVISED, A SUBDIVISION IN THE CITY OF ROUND ROCK, WILLIAMLSON COUNTY, TEAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET H, SLIDE 273, PLAT
RECORDS OF WILL.IAMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at the northwest corner of said Lot 1, Bloat A, Windy Park Section
One Revised, said Beginning Point being in the south line of Gattis School
Road;
THENCE 5 89 16' E a distance of 27.50 feet with the south line of Gattis
School Road to it's intersection with the west line of Windy Park Drive;
THENCE with the west line of Windy Park Drive, the following described two (2)
courses and distances:
1) An arc distance of 12.45 feet with a curve to the right, said
curve having a central angle of 71 20', a radius of 10.00 feet,
a chord distance of 11.66 feet and a chord bearing of S 53 °• 36' E
to a point, and;
2) S 17° 56' E a distance of 3.38 feet to an iron rod set at the
southeast corner hereof;
THENCE N 89 16' w a distance of 38.05 feet, crossing said lot and severing
the north ten (10) feet thereof, to an iron rod set at the southwest corner
hereof in the west line of said lot;
THENCE N 0 44' E a distance of 10.00 feet with the west line of said lot to
the Place of Beginning, containing 354 square feet of land.
COALTh & ASSOCIATES, SURVEYORS
• JI
Stan Coalter, RPLS, LSIS
5 -15 -2000 File No. 00.080
J.S. COALTER & ASSOCIATES
REGISTER2:D TROPSISSI1m1AL LAND 9VE9EVOR 906 N. fH 00. SUITS 106
ROUND ROCK, TEXAS T66S4
FIELD NOTES
Exhibit " ( -
11
Exhibit A
Tract One: Lot 9, Block A, Windy Park, Section One, according to map or plat thereof recorded in Cabinet 11, Slide 273, of
the Plat Records of Williamson County, Texas.
Tract Two: The North 10 feet of Lots 1, 3, 4, 5, 6, 7 and 8, Block A, Windy Park, Section One, according to map or plat
thereof recorded in Cabinet H, Slide 273, of the Plat Records of Williamson County, Texas, being further described by metes
and bounds in Exhibit "B -1 thru B -7" attached hereto and made a part hereof.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made
only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof.
First American Title Ins. Co. of Texas
SCHEDULE B - continued
File No. 18000099 Policy No. 497641 0
d. Building setback provisions as set forth in instrument recorded in Cabinet 11, Slide 273, Plat Records,
Williamson County, Texas:
Front: 25 feet
Rear: 5 feet
Interior side: 5 feet
Side street: 10 feet (Affects Lot 1 only)
e. A 5 foot building setback line along the side property line as recorded in Volume 1542, Page 296 and Volume
2114, Page 819, both Official Records, Williamson County, Texas.
f. A 10 foot building setback line along the rear property line as recorded in Volume 1542, Page 296 and
Volume 2114, Page 819, both Official Records, Williamson County, Texas.
By:
Authorized Countersignature (SEM /mw )
S CHEDULE B
GF No. 18000099 Policy No. 497641 O
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that
arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following
matters:
1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or
delete this exception):
Cabinet H, Slide 273, Plat Records, Volume 703, Page 226, Deed Records, Volume 1542, Page 296 and Volume
2114, Page 819, both Official Records, Williamson County, Texas. Any covenants, conditions or restrictions
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status,
or national origin are hereby deleted to the extent such covenants, conditions or restrictions violate 42 USC
3604 {c }.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping or improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or
other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs
or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or
easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2000, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section
11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (the Company must
insert matters or delete this exception):
a. Rights of Parties in Possession.
b. Easement as shown on the recorded plat and dedication:
Purpose: public utility
Location: 15 feet along the rear
c. Easement as shown on the recorded plat and dedication:
Purpose: public utility
Location: 5 feet along all street rights- of -way
First American Title Ins. Co. of Texas First American Title Insurance Company of Texas
Texas Owner T -1 (Rev. 12 -30-99) - Schedule B Valid Only if Schedule A and Cover are attached
City of Round Rock
4. The land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
TEXAS OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
GF No 18000099- 060 -CCE Amount of Insurance $ 62,500.00
Premium $691.00
DATE OF POLICY June 7, 2000 at 1:08PM
1 Name of Insured:
City of Round Rock
2. The estate or interest in the land that is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is insured as vested in:
Policy No. 497641 0
First American Title Ins. Co. of Texas First American Title Insurance Company of Texas
Texas Owner T -1 (Rev. 1 -1 -93) - Schedule A Valid Only if Schedule B and Cover are attached
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and
the Company will nor pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to
building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; Iii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii)
separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection or the
effect of any violation of these laws, ordinances or governmental regulations, except to
the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Dare of Policy.
(b) Any governmental police power not excluded by (a) above, except to the
extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded
in the public records at Date of Policy, but not excluding from coverage any taking
that has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of
Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior la the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) ataching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained if the insured
claimant had paid value for the estate or interest insurd by this policy.
4. The refusal of any person to purchase, lease or lend money on the estate or
interest covered hereby in the land described in Schedule A because of unmarkeability
of the tide.
5. Any claim, which arises out of the transaction vesting in the person named in
paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of
the operation of federal bankruptcy, sate insolvency, or other sate or federal
creditors' rights laws that is based on either (i) the nansaction creating the estate or
interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent
transfer or a voidable distribution or voidable dividend or (ii) the subordination or
recharacterization of the estate or interest insured by this Policy as a result of the
application of the doctrine of equitable subordination or (iii) the transaction creating the
estate or interest insured by this Policy being deemed a preferential transfer except
where the preferential transfer results from the failure of the Company or is issuing
agent to timely file for record the instrument of transfer to the insured after delivery or
the failure of such recordation to impart notice to a purchaser for value or a judgment
or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINmON OF TERMS.
The following terms when used a this policy mean:
(a) "insured": the insured named in Schedule A, ad, subject o any rights or
defenses the Company would have had against the named insured, those who succeed
to the interest of the named insured by operation of law as distinguished from purchase
including, but not limited m, heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate, partnership or fiduciary successors, and
specifically, without limitation, she following:
(1) the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation upon partial or
complete liquidation;
(ii) the partnership successors in interest m a general or limited
partnership which dissolves but does not temhinate;
(iii) the successors in interest to a general or limited partnership
resulting from the distribution of the assets of the general or limited partnership upon
partial or complete liquidation;
(iv) the successors in interest to a joint venture resulting from
the distribution of the assets of the joins venture upon partial or complete liquidation;
(v) she successor or substitute trustee(s) of a trustee named in a
written trust instrument; or
(vi) she successors in interest to a trustee or truss resulting from
the distribution of all or pan of the assets of the mist to the beneficiaries thereof.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or
notice that may be imputed to an insured by reason of the public records as defined in, ,
this policy or any other records which impart constructive notice of matters affecting
the land,
(d) "land ": the land described or referred to in Schedule A, and improvements
affixed thereto that by law constitute real property. The term "land" does not include
any property beyond the lines of the area described or referred to in Schedule A, nor
any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but nothing herein shall modify or limit the extent to which
a right of access to and from the land is insured by this policy.
(e) 'mortgage ": mortgage, deed of trust, out deed, or other security
instrument.
(f) "public records ": records established under state statutes al Date of Policy
for the purpose of imparting constructive notice of maters relating to real property to
purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the
Exclusions From Coverage, "public records" also shall include env
protection liens fled in the records of the clerk of the United States district town for
the district in whkh the land is located.
(g) w ": legal right of access the land and not the physical condition of
access. The coverage provided as to access does nut assure the adequacy of access for
the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor
of an insured only so long as the insured retains an estate or interest in the land, or
holds an indebtedness secured by a purchase money mortgage given by a purchaser
from the insured, or only so long as the insured shall have liability by reason of
covenants of warranty made by the insured in any transfer or conveyance of the estate
or interest. This policy shall not cunnnue in force in favor of any purchaser from the
insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an
insured hereunder of any claim of ride or interest that is adverse to the title to the
estate or interest, as insured, and that might cause loss or damage for which the
Company may be liable by virtue of this policy. If prompt notice shall not be given to
the Company, then as to the insured all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice a required; provided,
however, that failure to notify the Company shall in no case prejudice the rights of any
insured under this policy unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice.
When, after the date of the policy, the insured notifies Inc t Company as required
herein of a lien, encumbrance, adverse claim or other defect in title to the estate or
interest in the land insured by this policy that is not excluded or excepted from the
coverage of this policy, the Company shall promptly investigate the charge to
determine whether the lien, encumbrance, adverse claim or defect is valid and not
barred by law or statute. The Company shall notify the insured in writing, within a
reasonable time, of its determination as m the validity or invalidity of the insurd's
claim or charge under the policy. If the Company concludes that the Ilea,
encumbrance, adverse claim or defect is not covered by this policy, or was otherwise
addressed in the closing of the transaction in connection with which this policy was
issued, the Company shall specifically advise the insured of the reasons for is
determination. If the Company concludes that the lien, encumbrance, adverse claim or
defect is valid, the Company shall lake one of the following actions: (i) institute the
necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the
tide to the estate as insured; (ii) indemnify the insured as provided in this policy; (tai)
upon payment of appropriate premium and charges therefor, issue to the insured
claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the
and insured by this policy, a policy of title insurance without exception for the lien,
encumbrance, adverse claim or defect, said policy to be in an amount equal to the
current value of the property or, if a mortgagee policy, the amount of the loan; (iv)
indemnify another rite insurance company in connection with its issuance of a
policy(ies) of title insurance without exception for the lien, encumbrance, adverse
claim or defect; (v) secure a release or other document discharging the lien,
encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through
(v) herein.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at is own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third parry asserts a claim adverse to the tide or interest as insured, but
only as to those sated causes of action alleging a defect, ben or encumbrance or other
matter insured against by this policy. The Company shall have the right to select
counsel of is choice (subject to the right of tae insured to object for reasonable cause)
to represent the insured as to those stated causes of action and shall not be liable for
and will not pay the fees of any other counsel. The Company will not pay any foes,
costs or expenses incurred by the insured in the defense of those causes of apron that
allege matters not insured against by this policy.
First American Title Insurance Company
of Texas
497641 0 OWNER POLICY OF TITLE INSURANCE
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
OF TEXAS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE
COMPANY OF TEXAS , a Texas corporation, herein called the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred
by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having
its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
S. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured,
but only to the extent provided in the Conditions and Stipulations.
IN WITNESS HEREOF. the FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an
authorized countersignature, as of the date set forth in Schedule A.
ATTEST
FORM TI OWNER POLICY OF TITLE INSI_RANCF (EFFECTIVE 10 -01 -971
Secretary,
First American Title Insurance Company
of Texas
BY �JY�t \GWXZ.PRESIDENT
May 22, 2000
Date
Date
Vision Texas Fonn (SNCO1TXDoc) Rev. 11/98
NOTICE TO PURCHASERS OF REAL PROPERTY
SUSAN PATTERSON
MY COMMISSION EXPIRES
February 1, 2004
(Acknowledgment)
(Acknowledgment)
ja, (eneral Partner
2000036469 2 r
The real property described below, which you are about to purchase is located in the Brushy Creek WCID #1 District. The district has taxing auth
separate from any other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of
bonds. As of this date, the rate of taxes levied by the district on real property located in the district is $0.00 on each $100 of assessed valuation. If the district has
yet levied taxes, the most recent projected rate of debt service tax, as of this date is $0.00 on each $100 of assessed valuation. The total amount of bonds which
been approved by the voters and which have been or may, at this date, be issued is $0.00, and the aggregate initial principal amounts of all bonds issued for on
more of the specified facilities of the district and payable in whole or in part from property taxes is $145,000.00.
The district has the authority to adopt and impose a standby fee on property in the district that has water, sanitary, sewer, or drainage facilities and se
available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capac
available to the property. The district may exercise the authority without holding an election on the matter. As of this date, the most recent amount of the stand
fee is $0.00. An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the prope
Any person may request a certificate from the district stating the amount, if any, of unpaid standby fees on a tract of property in the district.
The purpose of this district is to provide water, sewer, drainage, or flood control facilities and services within the district through the issuance of bonds payab
in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are own
or to be owned by the district. The legal description of the property which you are acquiring is as follows:
See Exhibit A attached hereto and made a part hereof.
10 K''P�Part rship LTD.
•
David S. Z
,,
Kathryn A. / 7.iaja 4
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE
DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE
FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO
DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real
property described in such notice or at closing of purchase of the real property.
City of Round Rock
Stepha L. Sheets, Attorney for the City
of Round Rock
(Note: Correct district name, tax rare, bond amount, standby fee amount, and legal description are to be placed in the appropriate space. Except for notices included
as an addendum or paragraph of a purchase contract, the notice shall be executed by the seller and purchaser, as indicated. If the district does not propose to provide
one or more of the specified facilities and services, the appropriate purpose may be eliminated. If the district has not yet levied taxes, a statement of the district's
most recent projected rate of debt service tax, if any, is to be placed in the appropriate space. If the district does not have approval from the commission to adopt and
impose a standby fee, the second paragraph of the notice may be deleted. For the purposes of the notice form required to he given to the prospective purchaser prior
to the execution of a binding contract of sale and purchase, a seller and any agent, representative, or person acting on his behalf may modify the notice by substitution
of the words "January 1, 2000" for the words "this date" and place the correct calendar year in the appropriate space.)
STATE OF TEXAS
COUNTY OF Williamson Q
This instrument was acknowledged before me on May 22, 2000 by David 5. Ziaja and Kathryn A. Ziaja, Ge eral Partners of DK Partnership, LTD.
Notary Public, State of TEXAS
Notary's name (printed)
Notary's commission expires:
STATE OF TEXAS
COUNTY OF Williamson
This instrument was acknowledged before me on,,? day of May, 2000 by Stephan L. Sheets, Attorney f•r City of Round Rock.
/ /PI►
Notary Public, State of TEXAS
Notary's name (printed)
Notary's commission expires:
GF REf[NR : FIRST AA ERIVET p
Exhibit A
Lots 1, 3, 4, 5, 6, 7, 8 and 9, Block A, Windy Park, Section One, according to map or plat thereof recorded in Cabinet H, Slide 723, of the Plat Records of
Williamson County, Texas.
FILE) i1FEO
OFFICIAL PUBLIC RECORDS
om
-
•
06 -07 -2000 01:08 PM 2000036469
MABRY $11.00
NANCY E. RISTER 'COUNTY CLERK
WILLIAMSON COUNTY, TEXAS