R-00-06-08-11A6 - 6/8/2000RESOLUTION NO. R- 00- 06- 08 -11A6
WHEREAS, the City desires to purchase a 1.724 acre tract of land
for right -of -way for the US 79 project, and
WHEREAS, the Old Settlers Association of Williamson County,
Texas, 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 an Unimproved Property Earnest Money Contract with
the Old Settlers Association of Williamson County, Texas for the
purchase of the above described property, a copy of said Unimproved
Property Earnest Money 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.
ATTEST:
RESOLVED this 8th day of Jun
E
LAND, City Secretary
K,\ WPDOCS \RESOLDTI \R00608A6.WPD /ec
A. STLUKA, IR., Mayor
City of Round Rock, Texas
1. PARTIES: THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY,
TEXAS, a Texas non - profit corporation (Seller) agrees to sell
and convey to CITY OF ROUND ROCK, TEXAS(Buyer) and Buyer
agrees to buy from Seller the property described below.
2. PROPERTY: Fee simple for 1.724 acres as described in Exhibit
"A ", referred to as the "Property ", and an easement for 0.979
acres, as described in Exhibit "B ", referred to as the
"Easement ". The Property is not subject to mandatory
membership in an owners' association and its assessments and
requirements.
3. CONTRACT SALES PRICE:
A. Cash portion of Sales Price
payable by Buyer (fee simple) $150,190.00
B. Cash portion of Sales.Price
payable by Buyer (easement) $ 63,970.00
C. Sum of financing described below $ -0-
D. Sales Price (Sum of A and B) $214,160.00
4. FINANCING: Not Applicable
5. EARNEST MONEY: Buyer shall deposit $100.00 as Earnest Money
with Austin Title at Round Rock, as Escrow Agent, upon
execution of this contract by both parties. If Buyer fails to
deposit the Earnest Money as required by this contract, Buyer
shall be in default.
6. TITLE POLICY, ABSTRACT AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at Seller's
expense an Owner Policy of Title Insurance (the Title
Policy) issued by Austin Title Company, Round Rock, Texas
78664 (the Title Company) in the amount of the Sales
Price, dated at or after closing, insuring Buyer against
loss under the provisions of the Title Policy, subject to
the promulgated exclusions (including existing building
and zoning ordinances) and the following exceptions:
Z: \TEXT \ROUNDROC \REALESTA \OLDSET- 1.i0D /k9
UNIMPROVED PROPERTY EARNEST MONEY CONTRACT
(1) Restrictive covenants common to the
platted subdivision in which the Property
is located.
(2) The standard printed exception for standby fees,
taxes and assessments.
(3) Liens created as part of the financing
described in Paragraph 4.
(4) Utility easements created by the
dedication deed or plat of the
subdivision in which the Property is
located.
(5) Reservations or exceptions otherwise
permitted by this contract or as may be
approved by Buyer in writing.
(6) The standard printed exception as to
discrepancies, conflicts, shortages in
area or boundary lines, encroachments or
protrusions, or overlapping improvements.
(7) The standard printed exception as to
marital rights.
(8) The standard printed exception as to
waters, tidelands, beaches, streams and
related matters.
Within 20 days after the Title Company receives a copy of
this contract, Seller shall furnish to Buyer a commitment
for Title Insurance (the Commitment) and, at Buyer's
expense, legible copies of restrictive covenants and
documents evidencing exceptions in the Commitment other
than the standard printed exceptions. Seller authorizes
the Title Company to mail or hand deliver the Commitment
and related documents to Buyer at Buyer's address shown
below. If the Commitment is not delivered to Buyer
within the specified time, the time for delivery shall be
automatically extended up to 15 days. Buyer shall have
5 days after the receipt of the Commitment to object in
writing to matters disclosed in the Commitment. Buyer
may object to existing building and zoning ordinances and
items 6(A)(1) through (8) above if Buyer determines that
any such ordinance or items prohibits the following use
or activity: Use as a single family residence.
B. ABSTRACT OF TITLE: None Required
C. SURVEY REQUIRED: None Required
Buyer's failure to object under 6A,or 6B within the time
allowed shall constitute a waiver of Buyer's right to
object; except that the requirements in Schedule C of the
Commitment shall not be deemed to have been waived. If
2.
objections are made by Buyer or any third party lender,
Seller shall cure the objections within 20 days after the
date Seller receives them and the Closing Date shall be
extended as necessary. If objections are not cured by the
extended Closing Date, this contract shall terminate and
the Earnest Money shall be refunded to Buyer unless Buyer
elects to waive the objections.
NOTICE TO SELLER AND BUYER:
(1) Buyer is advised to have an Abstract covering the
Property examined by an attorney of Buyer's selection, or
Buyer should be furnished with or obtain a Title Policy.
If a Title Policy is furnished, the Commitment should be
promptly reviewed by an attorney of Buyer's choice due to
the time limitations on Buyer's right to object.
(2) If the Property is situated in a utility or other
statutorily created district providing water, sewer,
drainage, or flood control facilities and services,
Chapter 50 of the Texas Water Code requires Seller to
deliver and Buyer to sign the statutory notice relating
to the tax rate, bonded indebtedness, or standby fee of
the district prior to final execution of this contract.
(3) Buyer is advised that the presence of wetlands, toxic
substance including lead base paint or asbestos and waste
or other environmental hazards or the presence of a
threatened or endangered species or its habitat may
affect Buyer's intended use of the Property. If Buyer is
concerned about these matters, an addendum either
promulgated by TREC or required by the parties should be
used.
(4) If the Property adjoins and shares a common boundary with
the tidally influenced submerged lands of the state,
Section 33.135, Texas Natural Resources Code, requires a
notice regarding coastal area property to be included in
the contract. An addendum either promulgated by TREC or
required by the parties should be used.
7. PROPERTY CONDITION: Buyer accepts the Property in its present
condition.
8. BROKER'S REPRESENTATION AND FEES: NONE
9. C OSINai The closing of the sale shall be on or before
11,,. 2000, or within 7 days after objections to title
0 have been cured, whichever date is later (the Closing Date);
however, if financing or assumption approval has been obtained
3.
pursuant to Paragraph 4, the Closing Date shall be extended up
to 15 days only if necessary to comply with lender closing
requirements (for example, survey, closing documents). If
either party fails to close this sale by the Closing Date, the
non - defaulting party shall be entitled to exercise the
remedies contained in Paragraph 14. At closing, Seller shall
furnish tax statements or certificates showing no delinquent
taxes and a General Warranty Deed conveying good and
indefeasible title showing no additional exceptions to those
permitted in Paragraph 6.
10: POSSESSION: The possession of the Property shall be delivered
to Buyer at closing. Buyer shall be granted a right -of -entry
to commence construction of roadway.
11. SPECIAL PROVISIONS: 0.979 acre easement to be conveyed in
conformity with the Public Utility Easement and temporary
easement form as shown in Exhibit "C ", attached hereto and
incorporated herein. Seller agrees, as part of this
conveyance, to grant Buyer a 50' temporary construction
easement, said easement running adjacent to the easement
described in Exhibit "B". Thrs CoN+n.a ;$ ,v +o uNo .-
-khtLmiA o f Cow. O,l MtNAy.oAI
12. SALES EXPENSES: The following expenses shall be pai21'at or
prior to closing:
A. Appraisal fees shall be paid by Seller.
B. The total of loan discount and buydown fees shall not
exceed N /A°s of the loan of which Seller shall pay the
first N /A°s of the loan and Buyer shall pay the remainder.
C. Seller's Expenses: Seller's attorney fees, if any.
D. Buyer's Expenses: All costs associated with closing.
E. If any sales expense exceeds the amount stated in this
contract to be paid by either party, either party may
terminate this contract unless either party agrees to pay
such excess.
13. PROBATIONS AND ROLLBACK TAXES:
A. PRORATIONS. Interest on any assumed loan, current taxes,
any rents, maintenance fees and assessments shall be
prorated through the Closing Date. If ad valorem taxes
for the year in which the sale is closed are not
available on the Closing Date, proration of taxes shall
be made on the basis of taxes assessed in the previous
year.
B. ROLLBACK TAXES. If this sale or Buyer's use of the
4.
Property after closing results in the assessment of
additional taxes for periods prior to closing, the
additional taxes shall be the obligation of the Buyer.
If Seller's change in use of the Property prior to
closing or denial of a special use valuation on the
Property claimed by Seller results in the assessment of
additional taxes for periods prior to closing, the
additional taxes shall be the obligation of Seller.
Obligations imposed by this paragraph shall survive
closing.
14. DEFAULT: If Buyer fails to comply with this contract, Buyer
shall be in default. Seller may either (a) enforce specific
performance, seek such other relief as may be provided by law,
or both, or (b) terminate this contract and receive the
Earnest Money as liquidated damages, thereby releasing both
parties from this contract. If Seller is unable without fault
to deliver the Commitment within the time allowed, Buyer may
either terminate this contract and receive the Earnest Money
as the sole remedy or extend the time for performance up to 15
days and the Closing Date shall be extended as necessary. If
Seller fails to comply herewith for any other reason, Seller
shall be in default and Buyer may either (a) enforce specific
performance, seek such other relief as may be provided by law,
or both, or (b) terminate this contract and receive the
Earnest Money, thereby releasing both parties from this
contract.
15. ATTORNEY'S FEES: If Buyer, Seller or Escrow Agent is a
prevailing party in any legal proceeding brought under or with
relation to this contract, such party shall be entitled to
recover from the non - prevailing parties all costs of such
proceeding and reasonable attorney's fees.
16. ESCROW: The Earnest Money is deposited with Escrow Agent with
the understanding that Escrow Agent is.not (a) a party to this
contract and does not have any liability for the performance
or non - performance of any party to this contract (b) liable
for interest on the Earnest Money or (c) liable for any loss
of Earnest Money caused by the failure of any financial
institution in which the Earnest Money has been deposited,
unless the financial institution is acting as Escrow Agent.
If any either party makes demand for the payment of the
Earnest Money, Escrow Agent has the right to require from all
parties a written release of liability of Escrow Agent for
disbursement of the Earnest Money. Any refund or disbursement
of Earnest Money under this contract shall be reduced by the
amount of unpaid expenses incurred on behalf of the party
receiving the Earnest Money, and Escrow Agent shall pay the
same to the creditors entitled thereto. At closing, the
Earnest Money shall be applied to any cash down payment, then
5.
to Buyer's closing costs and any excess refunded to Buyer.
Demands and notices required by this paragraph shall be in
writing and delivered by hand delivery or by certified mail,
return receipt requested.
17. REPRESENTATIONS: Seller represents that as of the Closing
Date (a) there will be no liens, assessments, Uniform
Commercial Code or other security interests against any of the
Property which will not be satisfied out of the Sales Price,
unless securing payment of any loans assumed by Buyer and (b)
assumed loans will be without default. If any representation
in this contract is untrue on the Closing Date this contract
may be terminated by Buyer and the Earnest Money shall be
refunded to Buyer. All representations contained in this
contract and an agreement for mediation shall survive closing.
18. NOTICES: All notices shall be in writing and effective when
mailed to or hand - delivered at the addresses shown below.
19. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person ", as
defined by applicable law, or if Seller fails to deliver an
affidavit that Seller is not a "foreign person ", then Buyer
shall withhold from the sales proceeds an amount sufficient to
comply with applicable tax law and deliver the same to the
Internal Revenue Service together with appropriate tax forms.
IRS regulations require filing written reports if cash in
excess of specified amounts is received in the transaction.
20. USE AND UTILITIES: The intended use of the Property by Buyer
is for parkland, right -of -way or other purposes deemed
appropriate by Buyer.
21. DISPUTE RESOLUTION: It is the policy of the State of Texas to
encourage the peaceable resolution of disputes through
alternative dispute resolution procedures. The parties are
encouraged to use an addendum approved by TREC to submit to
mediation disputes which cannot be resolved in good faith
through informal discussion.
22. AGREEMENT OF PARTIES: The contract contains the entire
agreement of the parties and cannot be changed except by their
written agreement. Addenda which are a part of this contract
are: Agreement for Mediation
23. CONSULT YOUR ATTORNEY: This is intended to be a legally
binding contract. READ IT CAREFULLY. If you do not
understand the effect of this contract, consult your attorney
BEFORE signing.
6.
BUYER'S ATTORNEY AND ADDRESS:
Charles Crossfield
309 East Main
Round Rock, Texas 78664
Phone 255 -8877
Fax 255 -8986
SELLER'S ATTORNEY AND ADDRESS:
John S. Avery
1508 S. Lamar Blvd.
Austin, Texas 78704
Phone 442 -3869
Fax445 -7064
EXECUTED in multiple originals on (THE
EFFECTIVE DATE).
BUYER
ADDRESS AND TELEPHONE:
309 East Main
Round Rock, Texas 78664
(512) 255 -8877
ADDRESS AND TELEPHONE:
3300 Palm Valley Blvd.
Round Rock, Texas 78664
c/o Irene Michna
(512) 388 -1733
THE CITY OF ROUND ROCK, TEXAS
��;
c RT TLUKA,'-Ur., Mayor
SELLER
THE OLD SETTLERS ASSOCIATION OF
WILLIAMSON COUNTY, TEXAS,
a Texas non - profit corporation
By:
7
IRENE K. MICHNA, is President
EXHIBIT unn
County: Williamson
Parcel No.: 1
Highway: U.S. Highway 79
Limits: From: County Road 195
To: Approximately 1000 feet east of County Road 110
CSJ: 0204 -01 -050
FIELD NOTE DESCRIPTION FOR PARCEL 1
Page 1 of 3
DESCRIPTION OF A 1.724 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY,
ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN
TRACT 1, A CALLED 101.110 ACRE TRACT OF LAND CONVEYED TO THE OLD SETTLERS
ASSOCIATION AS DESCRIBED IN EXHIBIT "C" OF THAT PARTITION DEED BETWEEN THE CITY OF
ROUND ROCK AND THE OLD SETTLERS ASSOCIATION RECORDED IN VOLUME 1760, PAGE 451 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.724 ACRE TRACT, AS SHOWN
ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Type 11 Texas Department of Transportation (TxDOT) monument set 144.70 feet left of
Survey Baseline 'G' station 220 +76.10. being a point on the west line of said 101.110 acre tract, also being
a point in the east line of the remainder of that called 46.838 acre tract of land described in the deed to
James M. Foley, and wife, Patricia L. Foley, as recorded in Volume 603, Page 174 of the Deed Records of
Williamson County, Texas, and being the northwest comer and POINT OF BEGINNING of the tract described
herein, from which a'A -inch iron rod found for an angle point in the west line of said 101.110 acre tract bears
N 02 °14'48" W, a distance of 785.13 feet;
1) THENCE crossing said 101.110 acre tract N 63 °36'53" E. a distance of 864.43 feet to a Y.-inch iron
rod with a TxDOT aluminum cap set 144.82 feet left of Survey Baseline 'G' station 229 +40.53, same
being a point in an easterly line of said 101.110 acre tract, also being a point in the west line of that
certain Tract III (House Tract), a called 9.691 acre tract of land conveyed to the City of Round Rock
as described in Exhibit "B" of said Partition Deed, and being the northeast comer of the tract
described herein;
2) THENCE with the easterly line of said 101.110 acre tract and the west line of said 9.691 acre tract,
S 26 ° 23'07" E, a distance of 85.00 feet to a calculated point for the common south comer of said
101.110 acre tract and said 9.691 acre tract, same being a point in the existing north right -of -way line
of U.S. Highway No. 79, also being a point in the northerly line of that called 0.749 acre tract of land
described in the deed to the State of Texas as recorded in Volume 304, Page 91 of the Deed Records
of Williamson County, Texas, and being the southeast comer of the tract described herein;
3) THENCE departing said common line, with the northerly line of said 0.749 acre tract, said existing
north right -of -way line and the south line of said 101.110 acre tract, S 63 °36'53" W, a distance of
902.52 feet to a calculated point at the southwest comer of said 101.110 acre tract, same being the
southeast corner of said 46.863 acre tract, and being the southeast comer of the tract described
herein, from which a 5/8 -inch iron rod found bears N 02 °14'48" W, a distance of 0.83 feet:
FN1337.JWG 98304 -23
4) THENCE departing said existing north right -of -way line and the northerly line of said 0.749 acre tract,
with the west line of said 101.110 acre tract and the east line of said 46.838 acre tract,
N 02 °14'48" W, a distance of 93.14 feet to POINT OF BEGINNING and containing 1.724 acres of
land more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83 (93).
THE STATE OF TEXAS
COUNTY OF TRAVIS
{
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
Page 2 of 3
That I, Robert J. Roy, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein
was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 9th day of August,
1999 A.D.
Robert J. Roy
Registered Professional Land Surveyor
No. 5159 - State of Texas
FN1337.JWG 98304 - 23
LEGEND
DI TYPE a CONCRETE MONUMENT SET
• TYPE 1 CONCRETE MONUMENT FOUND
O % NON R00 SET WITH
CAP UNLESS NOTED
• W NON ROO FOUND UNLESS
NOTED
• 60 0 NMI FOUND UNLESS NOTES
G CALCULATED POINT
O FENCE POST
R PROPERTY LINE
4 1 RECORD INFORMATION
PA.a. POINT OF 8ECNNNC
P.o.C. PONT OF COMMENCING
FAA. POINT OF REFERENCE
P.T. PONT OF TANGENCY
P.C. POINT OF CURVATURE
P.C.c. POINT OF COMPOUND CURVATURE
220.00
40.31'RT
N 02'14'48' W
93.14
I HEREBY CERTIFY THAT
SAML
SURVEYING ANG MAPPING ANC
P.O.R. PARCEL 1
SURVEY BASELINE "G" DATA
/
BEGINNING STA. 215.00.00
- 314
9' X 3145552.2.95
/ P - 10164995.02
/ P.C. STA. 279.2424
.35
/ N 63° 37'23" E
6424.35'
^ gy m P.A. HOLDER SURVEY
/0'
/ •
ioN
/
/ 5/8"
l e/
/ P.0.8. PARCEL 1
220.76.10
144.70' LT NOT TO SCALE
1 PROPOSED R.0.I1.
01_0 SETTLER'S ASSOCIATION
VOL. 1760. PG. 451
CALLED 101.110 ACRES
TRACT 1. EXHIBIT 'C'
N 02° 0 8348' w
5 63' 36'53" W 902.52'
(S 63'39'57" W 901.77')
STATE OF TEXAS
- SE EoET4L VOL. 304. PC. 91 /D.R:W.C.TX. N 63' 37 E 6424 {S'
_ _ 225.00
MISSOURI PACIFIC RAILROAD
NOTES:
1. ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83(93).
2. VOLUMES AND PAGES SHOWN HEREON REFER TO THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
UNLESS DESIGNATED BY D.R.W.C.TX. (DEED RECORDS OF WILLIAMSON COUNTY, TEXAS).
3. IMPROVEMENTS SHOWN HEREON ARE BASED UPON AN ON THE GROUND SURVEY BY SAM, INC. THERE MAY BE
ADDITIONAL UNDERGROUND OR OTHER UTILITIES NOT SHOWN HEREON.
THE GROUND MY DIRECTION AND SUPERVISION
AND iatt6e IS RUE AND CORRECT TO THE BEST OF _ AND BELIEF.
•. ROBEP. i .1. ROY..
5159 r
s '' : ' . -Pit - HT OF WAY SKETCH
SHOWING PROPERTY OF
OLD SETTLERS ASSOCIATION
CSJ NO. 0204 -01 -050
THIS SURVEY WAS MADE ON
8 ^v - ??
ROBERT J. ROY 1/
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5159, STATE OF TEXAS
4029 Caoa104 Terns H,Rway. So
Rrode Oaks PmlesswW Ran. Suss T25
Ausen. Teas 78704
(512) 447-0575
Fac (512) 326-3029
GRAPHIC SCALE
IN MET 1
50 0 100 200
r - 200'
ABSTRACT NO. 297 ;
/ c,
/ � 14.,E /
y / O p4h / •
93 1 O = /
4r C 1 o.a} /
° I ,�to of 4, /
o 1 o �.0 /
w F .� ��� ca i
4 c.v•r /
N 63' 36'53" E N 229.40.53 ~ /
864.43' „ 144.82' L1 /
u /5 26 E
• 85.00' /
0
L724 ACRES
U.S. HIGHWAY NO, 79 • SURVEV 6/SE TINE ^G=
230.00. .. ____ -_ .__
s0
E XISTING R.O.W. LNE
230.00
40.16'RT
EXISTING R.0.6. LINE
PAGE 3 OF 3
REF. FIELD NOTE NO. 1337
./
Public Utility Easement FN1396(JWG)
Old Settlers Association May 12, 1999
to City of Round Rock SAM, Inc. Job No. 98304 -27
0.979 Acres
DESCRIPTION OF A 0.979 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, A -297,
IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT 1, A CALLED
101.110 ACRE TRACT OF LAND DESCRIBED IN EXHIBIT "C" OF THAT PARTITION DEED BETWEEN
THE CITY OF ROUND ROCK AND THE OLD SETTLERS ASSOCIATION AS RECORDED IN VOLUME
1760, PAGE 451 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.979 ACRE
TRACT, AS SHOWN ON THE ATTACHED SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL TO
BE USED AS A PUBLIC UTILITY EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Type II Texas Department of Transportation (TxDOT) monument found in the proposed
northerly right -of -way line of U.S. Highway No. 79, being 144.70 feet left of Survey Baseline 'G' station
220 +76.10, same being a point in the west line of said 101.110 acre tract, also being a point in the east line
of the remainder of that called 46.838 acre tract of land described in the deed to James M. Foley, and wife,
Patricia L. Foley, as recorded in Volume 603, Page 174 of the Deed Records of Williamson County, Texas,
and being the southwest corner and POINT OF BEGINNING of the tract described herein;
1) THENCE departing the proposed northerly right -of -way line of U.S. Highway No. 79 with the west line
of said 101.110 acre tract and the east line of said 46.838 acre tract, N 02 °14'48" W, a distance of
54.79 feet to a calculated point for the northeast comer of the tract described herein, from which a
'/cinch iron rod found for an angle point in the west line of said 101.110 acre tract bears
N 02 °1448" W, a distance of 730.34 feet,
2) THENCE departing the east line of said 46.838 acre tract and crossing said 101.110 acre tract
N 63 °36'53" E, a distance of 842.03 feet to a calculated point in an easterly line of said 101.110 acre
tract, same being a point in the west line of that certain Tract III (House Tract), a called 9.691 acre
tract of land described in Exhibit of said Partition Deed, and being the northeast comer of the tract
described herein;
3) THENCE with the easterly line of said 101.110 acre tract and the west line of said 9.691 acre tract,
S 26 °23'07" E, a distance of 50.00 feet to a %Z -inch iron rod with a TxDOT aluminum cap found in the
proposed northerly right -of -way line of U.S. Highway No. 79, being 144.82 feet left of Survey Baseline
G' station 229 +40.53 and being the southwest comer of the tract descnbed herein;
Page 1 of 3
EXHIBIT -f B
Public Utility Easement
Old Settlers Association
to City of Round Rock
0.979 Acres
4) THENCE departing the west line of said 9.691 acre tract and crossing again said 101.110
acre tract with the proposed northerly right -of -way of U.S. Highway No. 79, S 63 °36'53" W,
a distance of 864.43 feet to the POINT OF BEGINNING and containing 0.979 acres of land
more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83 (93).
THE STATE OF TEXAS
COUNTY OF TRAVIS
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
FN1396(JWG)
May 12, 1999
SAM, Inc. Job No. 98304 -27
That I, Robert J. Roy, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein
was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this th - 12th day • May, 1999 A.D.
Page 2 of 3
EXHIBIT —A
Robert J. R
Registered Professiona Land Surveyor
No. 5159 - State of Texas
NO2'14'48 "W
54.79
502'14'48 "E
93:14'
P.O.H.
. P.O.R.
SEF-
Q A'
ALL BEARINGS ARE BASED ON TEXAS
STATE PLANE COORDINATE SYSTEM,
CENTRAL ZONE, NAD 83(93)
1 r
1
\\ s 5°. 0 Q - -r -- o 0%.
LOP
50' WIDE - -
� — e Ip I 4
PUBLIC UTILITY EASEMENT i 85
0.979 ACRES
DETAIL A
NOT TO SCALE
br
200 100 0
LEGEND
m
1-
N
U W
Q U f= •
<
0 00
Dm Ca
010 r o
CC OI L. , co
O w
U V �
✓
U
GRAPHIC SCALE
• TYPE II TxDOT MONUMENT FOUND
• 1/2 -INCH IRON ROD FOUND
(UNLESS NOTED)
• CALCULATED POINT
D.R.W.C.TX. DEED RECORDS WILLIAMSON
COUNTY, TEXAS
O.R.W.C.TX. OFFICIAL RECORDS WILLIAMSON
COUNTY, TEXAS
P.O.B. POINT OF BEGINNING
P.O.R. POINT OF REFERENCE -
201.0
MINCC71 UIII /TALL PAN P.U.E.
At RUIIIR IN04 -2,
000 05 -11 -11
Iulmae u. ROT
PAW CM"R Tl itSOK1
ixlneueu 170 „101.1)42
n�ro M kl
101x1.0.. J. camas
ORM/1/4: r1114111.0.
AM„
SURVEYING AND NAPPING INC
SKETCH TO ACCOMPANY
FIELD NOTES
FN1396
PAGE 3 OF 3
FYHTRTT —A
LINE NO. EASEMENT NO. GRANTOR OLD SETTLERS ASSOCIATION
WILLIAMSON COUNTY
P.A. HOLDER SURVEY, ABS. NO. 297
300 200 100 0
E a 1
GRAPHIC SCALE
NO214'48 "W
54.79'
Sts•
Robert J. Roy
Registered Professional Land Surveyor
No. 5159 - State of Texas
SAM_
300
OLD SETTLERS ASSOCIATION
CALLED 101.110 ACRES
TRACT 1 EXHIBIT "C"
VOL. 1760, PC. 451
O.R.W.C.TX.
50' WIDE
TEMPORARY
CONSTRUCTION
EASEMENT
0.954 ACRES
m
•
•
P
P.O.C.
lit
LEGEND
1/r IRON ROD FOUND (UNLESS NOTED)
IRON PIPE FOUND (SIZE NOTED)
1/2" IRON ROD w/ PLASTIC CAP SET
POINT OF BEGINNING
POINT OF COMMENCEMENT
CALCULATED POINT
NAIL SET
TX.D.O.T. TYPE 1 MONUMENT FOUND
I hereby certify that this plat is n accurate rep esentabon of
survey completed on the ground in May 1999 under my
supervision and is true and correct to the best of my knowledge.
4029 Capital of Texas Highway, So,
Brodie Oaks Professional Plaza, Suite 125
Austin, Texas 78704
1512) 417 -0575
SURVEYING AND MAPPING INC. Fax. (512) 326 -3029
DETAIL A
NOT TO SCALE
"EXHIBIT A"
Page ____
REFERENCE SAM. INC.
FIELD NOTE NO. F91396
LINE NO. FROM
SCALE: 1" =300' DATE 06 - -
ROUND ROCK, TEXAS
TEMPORARY CONSTRUCTION EASEMENT PLAT
TO
EASEMENT NO.
GRANTOR OLD SETTLERS ASSOCIATION
AUT00AD:X: \C&6 \98304 \ DWG \LCRA \1396.OWG WORD PERFECT: O. \F_NOTES \FN1396.JWG DRAWN BY: JWG
i
DATE: June 2, 2000
SUBJECT: City Council Meeting — June 8, 2000
ITEM: 11.A.6. Consider a resolution authorizing the Mayor to execute an
Earnest Money Contract with the Old Settlers Association of
Williamson County for the purchase of 1.724 acres for right -of-
way for the US 79 Project. Staff Resource Person: Jim Nuse,
Public Works Director.
.. l e a���� -�. 1,2 PintO - oof -A •
Date: rig.LJ ZB , 2000
a
CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
Williamson County
WARRANTY DEED - PAGE 1
C'\ WPDOCS \ROHNDROC\HWY79 \WDcoLDSE.WPD /kg
WARRANTY DEED
Grantor: THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS,
a Texas non - profit corporation
rl
Q , Grantor's Mailing Address (including county):
CO THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS
0 3300 Palm Valley Blvd.
Round Rock, Texas 78664
O Williamson County
0
Grantee: CITY OF ROUND ROCK
Grantee's Mailing Address (including county):
CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
1.724 acres of land, more or less, out of the P. A. HOLDER
SURVEY, Abstract No. 297 in Williamson County, Texas and being
more fully described by metes and bounds on Exhibit "A"
attached hereto and made a part hereof.
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.
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, by through and under, but not otherwise.
When the context requires, singular nouns and pronouns include the
plural.
STATE OF TEXAS
COUNTY OF WILLIAMSON
KIMBERLY GAMBOA
NOTARY PUBLIC
State of Texas
Comm. ap. 1023.2003
PREPARED IN THE OFFICE OF:
WARRANTY DEED - PAGE 2
C•\ WPOOCS \ROUNDROC \HWY99 \WDCOLDSE.WPD /kq
THE OLD SETTLERS ASSOCIATION OF
WILLIAMSON COUNTY, TEXAS,
a Texas non - profit corporation
By:
IRENE K. MICHNA, Pre_ident
ACKNOWLEDGMENT
§
§
rr This instrument was acknowledged before me on the �lY day of
Tf�7raael , 2000, by IRENE K. MICHNA, President of THE OLD SETTLERS
ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a Texas non - profit corporation,
on behalf of said association.
Notary Puky ic, State of Texas
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
Brown McCarroll Sheets &
Crossfield, L.L.P.
309 E. Main St.
Round Rock, Texas 78664
AUSTIN TITLE COMPANY
101 E. Old Settlers Blvd.
Suite #100
PrAincl Rock, Texas 78664
EXHIBIT pnn
County: Williamson
Parcel No.: 1
Highway: U.S. Highway 79
Limits: From: County Road 195
To: Approximately 1000 feet east of County Road 110
CSJ: 0204 -01 -050
FIELD NOTE DESCRIPTION FOR PARCEL 1
Page 1 of 3
DESCRIPTION OF A 1.724 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY,
ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN
TRACT 1, A CALLED 101.110 ACRE TRACT OF LAND CONVEYED TO THE OLD SETTLERS
ASSOCIATION AS DESCRIBED IN EXHIBIT "C" OF THAT PARTITION DEED BETWEEN THE CITY OF
ROUND ROCK AND THE OLD SETTLERS ASSOCIATION RECORDED IN VOLUME 1760, PAGE 451 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.724 ACRE TRACT, AS SHOWN
ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Type II Texas Department of Transportation (TxDOT) monument set 144.70 feet left of
Survey Baseline 'G' station 220 +76.10, being a point on the west line of said 101.110 acre tract, also being
a point in the east line of the remainder of that called 46.838 acre tract of land described in the deed to
James M. Foley, and wife, Patricia L. Foley, as recorded in Volume 603, Page 174 of the Deed Records of
Williamson County, Texas, and being the northwest corner and POINT OF BEGINNING of the tract described
herein, from which a Y.-inch iron rod found for an angle point in the west line of said 101.110 acre tract bears
N 02 °14'48" W, a distance of 785.13 feet;
1) THENCE crossing said 101.110 acre tract N 63 °36'53" E, a distance of 864.43 feet to a' 'h -inch iron
rod with a TxDOT aluminum cap set 144.82 feet left of Survey Baseline 'G' station 229 +40.53, same
being a point in an easterly line of said 101.110 acre tract, also being a point in the west line of that
certain Tract III (House Tract), a called 9.691 acre tract of land conveyed to the City of Round Rock
as described in Exhibit "B" of said Partition Deed, and being the northeast corner of the tract
described herein;
2) THENCE with the easterly line of said 101.110 acre tract and the west line of said 9.691 acre tract,
S 26 °23'07" E, a distance of 85.00 feet to a calculated point for the common south corner of said
101.110 acre tract and said 9.691 acre tract, same being a point in the existing north right -of -way line
of U.S. Highway No. 79, also being a point in the northerly line of that called 0.749 acre tract of land
described in the deed to the State of Texas as recorded in Volume 304, Page 91 of the Deed Records
of Williamson County, Texas, and being the southeast corner of the tract described herein;
3) THENCE departing said common line, with the northerly line of said 0.749 acre tract, said existing
north right -of -way line and the south line of said 101.110 acre tract, S 63 °36'53" W, a distance of
902.52 feet to a calculated point at the southwest corner of said 101.110 acre tract, same being the
southeast corner of said 46.863 acre tract, and being the southeast corner of the tract described
herein, from which a 518 -inch iron rod found bears N 02 °14'48" W, a distance of 0.83 feet;
FN1337.JWG 98304 -23
4) THENCE departing said existing north right -of -way line and the northerly line of said 0.749 acre tract,
with the west line of said 101.110 acre tract and the east line of said 46.838 acre tract,
N 02 °14'48" W, a distance of 93.14 feet to POINT OF BEGINNING and containing 1.724 acres of
land more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83 (93).
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
Page 2 of 3
That I, Robert J. Roy, a Registered Professional Land Surveyor, do hereby certify that the above
descnption is true and correct to the best of my knowledge and belief and that the property described herein
was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 9th day of August,
1999 A.D.
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So Suite 125
Austin, Texas 78704
Robert J. Roy
Registered Professional Land Surveyor
No. 5159 - State of Texas
FN1337.JWG 98304 -23
• ../ LEGEND
® TYPE 1 CONCRETE MONUMENT SET
f TYPE I CONCRETE MONUMENT F0UN0
O V IRON ROD SET WITH
CAP UNLESS NOTED
• yr IRON ROO FOUND UNLESS
NOTED
• 60 D NAa. FOUND UNLESS NOTED
A CALCULATED POINT
O FENCE POST
It PROPERTY LINE
I 1 RECORD INFORMATION
P,02. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
PAA. POINT OF REFERENCE
P.T. POINT OF TANGENCY
P.C. POINT OF CURVATURE
P.C.C. POINT OF COMPOUND CURVATURE
Q0 /q
old /. �°
COI /-.... 4.
rye
I.
O
3 QQQVA'.t / 2 =
OOp" ../
Q 1/
A. COI p'
41 Z. / P.O.B. PARCEL 1
�O ° � ?44.70'LT OETNL - A"
NOT TO SCALE
PROPOSED
S AM INC
SURVEYING AND MAPPING INC
Er0R JTJIii +' I 1 1
.T .
.tO':34;OOi' 19 ('-. tO OCO -? O
G1..t Y 10k.1
•i'P:o R;PAiRCeil.i , 4? i 8I9. ] ��
':I,XRT .Y1V1.) 01.0flf JSL
SURVEY BASELINE "G" DATA GRAPHIC SCALE
IX FEET 1
50 D 100 200
1" - 200'
OLD SETTLER'S ASSOCIATION
VOL. 1760. PG. 451
CALLED 101.110 ACRES
TRACT I. EXHIBIT
• N 02°14'48' W
0.83'
/ N 02• 14'48' W 5 63.36'53" W 902.52'
•
14
O 6015TING R.O.W. LINE
STATE OF TEXAS _ _ _ _ __ _ _ _
- 9EE - DETAIL VOL. 304. PG. 91 /D:R;W.C.7 %. N 63' 3T 7�" F 54 24 �5 U.S. HIGHWAY 440 79 - SURVE BASE uNE , G •
40 31167 4 RT
MISSOURI PACIFIC RAILROAD
NOTES.
1. ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83(93).
2. VOLUMES AND PAGES SHOWN HEREON REFER TO THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
UNLESS DESIGNATED BY D.R.W.C.TX. (DEED RECORDS OF WILLIAMSON COUNTY, TEXAS).
3. IMPROVEMENTS SHOWN HEREON ARE BASED UPON AN ON THE GROUND SURVEY BY SAM, INC. THERE MAY BE
ADDITIONAL UNDERGROUND OR OTHER UTILITIES NOT SHOWN HEREON.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND .; - MY DIRECTION AND SUPERVISION
AND TyAj �THISj PL& IS,4RUE AND CORRECT TO THE BEST OF . ° AND BELIEF.
( 8-01-4?
ROBERT J. ROY (/
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5159, STATE OF TEXAS
BEGINNING STA. 215-00.00
X - 3145552.95
Y 10164995.02
P.C. STA. 279.24.35
N 63° 37'23" E
6424.35'
4029 C0044JOlTems Highway. So.
&ode Oaks ProlessonalRaza Suns 125
Austin, Texas 70704
(512) 447-0575
Fax. (512)326 -3029
P.A. HOLDER SURVEY
ABSTRACT NO. -297
N 63.36'53" E
864.43'
CD
L724 ACRES
..... __ - _ 23000 _ . _
•
229.40.53
104.82' LT
/S 26' 23'07 E 7/
co
u ` 85.00' /
awC1
RE / OR D ER S MEMDRAND
)il p ar t s f the text this p age was not
f1efouo not
rY recordation,
EXISTING R.O.W. LINE
PAGE 3 OF 3
REF. FIELD NOTE NO. 1337
I�HT OF WAY SKETCH
SHOWING PROPERTY OF
OLD SETTLERS ASSOCIATION
CSJ NO. 0204 -01 -050
J1
EIIEDRND. RECDRDED
OFFICIAL PUBLIC RECORDS
C IP-
07 -26 -2000 01:52 PM 2000048501
MABRY $19.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
ISSUED BY
LawyersTtleInsurance Crporation
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia 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 materialmen's Tien for labor or material having its inception on or before Date of Policy,
4. Lack of a right of access to and from the land;
5. Lack of 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 WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers, the Policy to become valid when countersigned by an authonzed officer or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
Attest di
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (il) the character, dimensions or location of any
improvement now or hereafter erected on the land, (is) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any 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 pnor 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 wnting
to the Company by the insured claimant prior to the date the Insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting In loss or damage that would not have been sustained d the insured claimant had paid value for the estate or interest insured by this
policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land descnbed in Schedule A because of
unmarketability of the title.
5. Any claim which anses out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest Insured by this policy,
by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either
(i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable
distribution or voidable dividend,
(1i) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctnne of equitable
subordination or
(Ili) 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 as 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 ajudgment or ken creditor.
Texas Owner's Policy T - 1 (Rev. 1
Cover Page
Form 1178 -22
Secretary
EXCLUSIONS FROM COVERAGE
ORIGINAL
OWNER'S POLICY OF TITLE INSURANCE
B 3 K ' (/
President
1. DEFINITION OF TERMS.
The following terms when used in this policy mean
(a) 'Insured' the insured named in Schedule A, and, subject to any rights or
defenses the company would have had against the named insured, those who succeed
to the Interest of the named insured by operation of law as distinguished from purchase
Including, but not limited to, heirs, distnbulees, devisees, survivors, personal
representatives, next of kin, or corporate, partnership or fiduciary successors, and
specifically, without limitation, the following
(i) the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation upon partial or complete
Liquidation,
(11) the partnership successors in interest to a general or limited
partnership which dissolves but does not terminate,
(o) 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 joint venture upon pamal or complete liquidation;
(v) the successor or substitute trustee(s) of a trustee named in a wntten
trust instrument; or
(vi) the successors In interest to a trustee or trust resulting from the
distribution of all or part 01 the assets of the trust to the beneficiaries thereof
(b) 'insured claimant'', an insured claiming loss or damage
(c) 'knowledge or 'known* actual knowledge, not constructive 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 descnbed 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, trust deed, or other secunty instrument
(f) 'public records'. records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge With respect to Section 1(a)(v) of the
Exclusions From Coverage, 'public records' also shall include environmental protection
liens filed in the records of the clerk of the United States district court for the district in
which the land is located
(g) 'access' legal nght of access to the land and not the physical condition of
access The coverage provided as to access does not assure the adequacy of access
for the use intended
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue In force as of Date of Policy in favor of
art 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 50 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 continue in force In favor of any purchaser from the Insured of either
g) an estate or interest in the land, or (11) 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 wnbng (1) 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 daim of title or interest that is adverse to the title to the estate or
interest, as insured, and that might cause loss or damage for which the Company may
be liable by virtue of this policy If prompt notice shall not be given to the Company,
then as to the insured all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice Is required, provided, however, that failure to
nobly the Company shall In no case prejudice the nghts of any insured under this policy
unless the Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
When, after the date of the policy, the insured notifies the Company as required
herein of a lien, encumbrance, adverse claim or other defect in title to the estate or
Interest In the land insured by This policy that is not excluded or excepted from the
coverage of this policy, the Company shall promptly investigate the charge to determine
whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or
statute The Company shall nosily the Insured In wnbng, within a reasonable time. of Its
determination as to the validity or invalidity of the Insured% claim or charge under the
policy If the Company concludes that the lien, encumbrance, adverse claim or defect Is
not covered by this policy, or was otherwlse 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 its determination If the Company concludes that the lien,
encumbrance, adverse claim or defect is valid, the Company shall take one of the
following actions. b) institute the necessary proceedings to clear the lien, encumbrance,
adverse claim or detect from the title to the estate as Insured; (ii) Indemnify the insured
as provided In this policy, pit) upon payment of appropnate premium and charges
therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of
the estate or interest in the land insured by this policy, a policy of title Insurance without
exception for the lien, encumbrance, adverse claim or defect, said policy to be in an
amount equal to the current value of the property or, if a mortgagee policy, the amount
of the loan; (iv) Indemnify another title insurance company In connection with Its
issuance of a policy(ies) of title Insurance without exception for the lien, encumbrance,
adverse claim or defect, (v) secure a release or other document discharging the lien,
encumbrance, adverse claim or defect, or (vi) undertake a combination of)) through (v)
herein
CONDITIONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT
TO COOPERATE
(a) Upon wntten request by the insured and subject to the options contained In
Section 6 of these Conditions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third party asserts a claim adverse to the title or interest as Insured, but only
as to those stated causes of action alleging a defect, hen or encumbrance or other
matter insured against by this policy. The Company shall have the nght to select
counsel of Its choice (subject to the right of the insured to object for reasonable cause)
to represent the Insured as to those stated causes 01 action and shall not be liable for
and will not pay the fees of any other counsel The company will not pay any lees, costs
or expenses incurred by the insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute
any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the title to the estate or interest, as insured, or to prevent or
reduce loss or damage to insured The Company may take any appropnate 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 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 lunsdidion and
expressly reserves the nght, m its sole discretion, to appeal from any adverse judgment
or order.
(3) 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 nght to so prosecute or provide defense in the action or proceeding, and
all appeals herein, and permit the Company to use, at its option, the name of the insured
for this purpose. Whenever requested by the Company, the insured, at the Companys
expense, shall give the company all reasonable aid (i) in any action or proceeding,
secunng evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (11) in any other lawful act that in the opinion of
the Company may be necessary or desirable to establish the title to the estate or
interest as insured. If the Company is prejudiced by the failure of the insured to famish
the required cooperation, 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 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 swom to by the insured claimant shall be furnished to the Company within 91 days
atter the insured shall ascertain the facts giving nse to the loss or damage The proof of
loss or damage shall descnbe the defect in, or lien or encumbrance on the title, or other
matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or
damage. I1 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 Inc 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 beanng a date
before or after Date of Policy, which reasonably pertain to the loss or damage Further, it
requested by any authorized representative of the Company, the insured claimant shall
grant its permission, In writing, for any authorized 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 Inc Insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable 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 lender 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 to pay
Upon Inc exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
conhnued on next page of cover sheet
0209783 L 491 $ * ** *214,160.00 S* *1,709.00 1000
CASE NUMBER
2000 RR 209783 -L (199) /khs
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
7/26/2000 1:52PM $* ** *214,160.00 0209783
SCHEDULE A
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 (TRACT I)
EASEMENT (TRACT II)
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK
4. The land referred to in this policy is described as follows:
TRACT I: 1.724 ACRES, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY,
ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO.
TRACT II: EASEMENT ESTATE ONLY IN AND TO THAT CERTAIN 0.979 ACRE TRACT,
MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTACT NO. 297, WILLIAMSON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "B"
ATTACHED HERETO.
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Schedule A
AUSTIN TITLE COMPANY
Countersigned By:
Authorized Countersignature
Valid Only If Schedule B
And Cover Page Are Attached
EXHIBIT nig4
County: Williamson
Parcel No.: 1
Highway: U.S. Highway 79
Limits: From County Road 195
To: Approximately 1000 feet east of County Road 110
CSJ: 0204 -01 -050
FN1337 JWG
FIELD NOTE DESCRIPTION FOR PARCEL 1
Page 1 of 3
' DESCRIPTION OF A 1.724 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY,
ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN
TRACT 1, A CALLED 101.110 ACRE TRACT OF LAND CONVEYED TO THE OLD SETTLERS
ASSOCIATION AS DESCRIBED IN EXHIBIT "C" OF THAT PARTITION DEED BETWEEN THE CITY OF
ROUND ROCK AND THE OLD SETTLERS ASSOCIATION RECORDED IN VOLUME 1760, PAGE 451 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1.724 ACRE TRACT, AS SHOWN
ON A RIGHT -OF -WAY SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Type II Texas Department of Transportation ( TxDOT) monument set 144.70 feet left of
Survey Baseline 'G' station 220 +76 10, being a point on the west line of said 101.110 acre tract, also being
a point in the east line of the remainder of that called 46.838 acre tract of land described in the deed to
James M. Foley, and wife. Patricia L. Foley, as recorded in Volume 603, Page 174 of the Deed Records of
Williamson County, Texas, and being the northwest comer and POINT OF BEGINNING of the tract described
herein, from which a % -inch iron rod found for an angle point in the west line of said 101.110 acre tract bears
N 02 °14'48" W, a distance of 785.13 feet;
1) THENCE crossing said 101 110 acre tract N 63 °36'53" E, a distance of 864.43 feet to a % iron
rod with a TxDOT aluminum cap set 144.82 feet left of Survey Baseline 'G' station 229 +40.53, same
being a point in an easterly line of said 101.110 acre tract, also being a point in the west line of that
certain Tract III (House Tract), a called 9.691 acre tract of land conveyed to the City of Round Rock
as described in Exhibit "B" of said Partition Deed, and being the northeast comer of the tract
described herein;
2) THENCE with the easterly line of said 101.110 acre tract and the west line of said 9.691 acre tract,
S 26 °23'07" E, a distance of 85.00 feet to a calculated point for the common south corner of said
101.110 acre tract and said 9.691 acre tract, same being a point in the existing north nght -of -way line
of U.S. Highway No. 79, also being a point in the northerly line of that called 0.749 acre tract of land
described in the deed to the State of Texas as recorded in Volume 304, Page 91 of the Deed Records
of W lliamson County, Texas, and being the southeast corner of the tract described herein;
3) THENCE departing said common line, with the northerly line of said 0.749 acre tract, said existing
north right -of -way line and the south line of said 101.110 acre tract, S 63 °36'53" W, a distance of
902.52 feet to a calculated point at the southwest corner of said 101.110 acre tract, same being the
southeast corner of said 46 863 acre tract, and being the southeast corner of the tract described
herein, from which a 518 -inch iron rod found bears N 02 °14'48" W, a distance of 0.83 feet,
98304 -23
t �
4) THENCE departing said existing north nght -of -way line and the northerly line of said 0.749 acre tract,
with the west line of said 101.110 acre tract and the east line of said 46.838 acre tract,
N 02 °14'48" W, a distance of 93.14 feet to POINT OF BEGINNING and containing 1.724 acres of
land more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83 (93).
THE STATE OF TEXAS
COUNTY OF TRAVIS
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
FN1337.JWG
KNOW ALL MEN BY THESE PRESENTS.
Page 2 of 3
That I, Robert J. Roy, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein
was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 9th day of August,
1999 A.D.
Robert J. Roy
Registered Professional Land Surveyor
No. 5159 - State of Texas
LEGEND
118 TYPE 1 CONCRETE MONUMENT SET
• TYPE I CONCRETE MONUMENT FOUND
O ye IRON R00 SET WITN
CAP UNLESS NOTED
• %f• IRON ROD FOUND UNLESS
NOTED
• 60 D NAIL FOUND UNLESS NOTED
D CALCULATED POINT
O FENCE POST
It PROPERTY LINE
I I RECORD INFORMATION
P,O2. POI745 OF BEGNNING
P 0.C. POINT OF COMMENCING
P.04. POINT OF REFERENCE
P.1. P0041 OF TANGENCY
P.C. POINT OF CURVATURE
v C.C. PONT OF COMPOUND CURVATURE
4. 67
vm
P ��
4 p.
ev - /OWN
/ O
� 2
P.O.B PARCEL 1
/ 220.76.10 DETAIL '•A"
/ 144.70•LT NOT TO SCALE
220.00
40.31'01
PROPOSED R.O.R.
/ N 02 W S 63 W 902.52'
93.14 IS 63 W 901.77')
STATE OF TEXAS
SEE DETAIL — J VOL. 304. PG. 91 /D.R:W.C.TX. H 03• 37 2T•• E R470 35
— 22n•n0 225.00
NOTES.
1. ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. CENTRAL ZONE, MAO 83(93):
2. VOLUMES AND PAGES SHOWN HEREON REFER TO THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS
UNLESS DESIGNATED BY D.R.W.C.TX. (DEED RECORDS OF WILLIAMSON COUNTY, TEXAS).
3. IMPROVEMENTS SHOWN HEREON ARE BASED UPON AN ON THE GROUND SURVEY BY SAM, INC. THERE MAY BE
ADDITIONAL UNDERGROUND OR OTHER UTILITIES NOT SHOWN HEREON.
MY DIRECTION AND SUPERVISION
AND TyA; / 1THIS! PL A7 IS RUE AND CORRECT TO THE BEST OF ,.4 AND BELIEF.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND
-o1-1
ROBERT ROBERT J. ROY
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 5159, STATE OF TEXAS
SA'V' INC
P 0.9. PARCEL 0
SURVEY BASELINE "G" DATA
BEGINNING STA. 215.00.00
X - 3145552 95
Y - 10164995.02
P.0 STA. 279.24.35
N 63° 37'23" E
6424 35'
P.A. HOLDER SURVEY
ABSTRACT NO. 297
OLD SETTLER'S ASSOCIATION
VOL. 1760. PG. 451
CALLED 101.110 ACRES
TRACT 1. EXHIBIT °C°
02° 14'48' W
0.83'
MISSOURI PACIFIC RAILROAD
4029 Ca04a0 of Texas 6.924Way.6o
Erode Oaks PrOiCSSIO 41 Plan. 54e0 125
AMMIn. Texas 78704
(512) 447-0575
' SURVEYING AND MAPPING INC Fax (6121326-3029
N 63 E
864.43'
Q
L724 ACRES
ROBEP.T J. ROY
(Al, 515'3 .,,,.jai
- 7 ) %9AE55: -Pd'
50
1
RE ORDERS MEMORAIVD IN
P' Ftsofther this was not
C arts' legible for ,01 46 ery recordation
GRAPHIC SCALE
I IN r
0 190
290
N /
0 • !/
I
N I
(1I
:,p
m
229.40.53
V 144.02'LT
230.00
40.16
m
5 26° 23'07 E
85.00'
O
EXISTING R.0.8. LINE
•
U.S. HIGHWAY N6, SURVEY RASE LINE G"
• 230.00 . ... . - -.
EXISTING R.O.W. LINE
PAGE 3 OF 3
REF. FIELD NOTE NO. 1337
-RIGHT OF WAY SKETCH
SHOWING PROPERTY OF
OLD SETTLERS ASSOCIATION
CSJ NO. 0204 -01 -050
Public Utility Easement FN1396(JWG)
Old Settlers Association May 12, 1999
to City of Round Rock SAM, Inc. Job No. 98304 -27
0.979 Acres
DESCRIPTION OF A 0.979 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, A -297,
IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT 1, A CALLED
101.110 ACRE TRACT OF LAND DESCRIBED IN EXHIBIT "C" OF THAT PARTITION DEED BETWEEN
THE CITY OF ROUND ROCK AND THE OLD SETTLERS ASSOCIATION AS RECORDED IN VOLUME
1760, PAGE 451 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.979 ACRE
TRACT, AS SHOWN ON THE ATTACHED SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL TO
BE USED AS A PUBLIC UTILITY EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Type II Texas Department of Transportation (TxDOT) monument found in the proposed
northerly right -of -way line of U.S. Highway No. 79, being 144.70 feet left of Survey Baseline 'G' station
220 +76.10, same being a point in the west line of said 101.110 acre tract, also being a point in the east line
of the remainder of that called 46.838 acre tract of land described in the deed to James M. Foley, and wife,
Patricia L. Foley, as recorded in Volume 603, Page 174 of the Deed Records of Williamson County, Texas,
and being the southwest corner and POINT OF BEGINNING of the tract described herein;
1) THENCE departing the proposed northerly right -of -way line of U.S. Highway No. 79 with the west line
of said 101.110 acre tract and the east line of said 46.838 acre tract, N 02 °14'48" W, a distance of
54.79 feet to a calculated point for the northeast corner of the tract described herein, from which a
%-inch iron rod found for an angle point in the west line of said 101.110 acre tract bears
N 02 °14'48" W, a distance of 730.34 feet,
2) THENCE departing the east line of said 46.838 acre tract and crossing said 101.110 acre tract
N 63 °36'53" E, a distance of 842.03 feet to a calculated point in an easterly line of said 101.110 acre
tract, same being a point in the west line of that certain Tract III (House Tract), a called 9.691 acre
tract of land described in Exhibit "B" of said Partition Deed, and being the northeast comer of the tract
described herein;
3) THENCE with the easterly line of said 101.110 acre tract and the west line of said 9.691 acre tract,
S 26 °23'07" E, a distance of 50.00 feet to a Y: -inch iron rod with a TxDOT aluminum cap found in the
proposed northerly right -of -way line of U.S. Highway No. 79, being 144.82 feet left of Survey Baseline
'G' station 229 +40.53 and being the southwest corner of the tract described herein;
Page 1 of 3
EXHIBIT —A
Public Utility Easement
Old Settlers Association
to City of Round Rock
0.979 Acres
4) THENCE departing the west line of said 9.691 acre tract and crossing again said 101.110
acre tract with the proposed northerly right -of -way of U.S. Highway No. 79, S 63 °36'53" W,
a distance of 864.43 feet to the POINT OF BEGINNING and containing 0.979 acres of land
more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83 (93).
THE STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS:
That I, Robert J. Roy, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein
was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this th
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
A J SIN TITHE COMPANY
101 E. Old Settlers Blvd.
Suite #100
Round Rock, Texas 78664
FILED PO RECORDED
OFFICIAL PUBLIC RECORDS
07 -26 -2000 01:52 PM 2000048502
MABRY $19.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Page 2 of 3
EXHIBIT —A
FN 1396(J WG)
May 12, 1999
SAM, Inc. Job No. 98304 -27
12th day
May, 1999 A.D.
Robert J. R
Registered Professiona Land Surveyor
No. 5159 - State of Texas
kho
CASE NUMBER
LAWYERS TITLE INSURANCE CORPORATION
2000 RR 209783 -L (199) /khs
OWNER POLICY OF
TITLE INSURANCE
SCHEDULE H
RIGHTS OF PARTIES IN POSSESSION.
DATE OF
POLICY
7/26/2000
POLICY NUMBER
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):
VOLUME 1760, PAGE 468, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
( CONT. ON SCH. B, PAGE 2 )
0209783
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any
spouse of any insured.
4. Any titles or rights asserted by anyone, including, but not limited to,
persons, the public, corporations, government 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 (We must insert matters or delete this exception.):
7. THIS PROPERTY IS LOCATED WITHIN BRUSHY CREEK WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH
A DISTRICT.
8. AN EASEMENT DATED AUGUST 29, 1925, GRANTED TO LONE STAR STATE POWER CO.,
INC. BY A.J. PALM, RECORDED IN VOLUME 225, PAGE 31, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC LINE AND SYSTEMS,
TOGETHER WITH ALL RIGHTS RECITED THEREIN)
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
CASE NUMBER
LAWYERS TITLE INSURANCE CORPORATION
2000 RR 209783 -L (199) /khs
OWNER POLICY OF
TITLE INSURANCE
SCHEDULE B
DATE OF
POLICY
7/26/2000
( CONT. ON SCH. B, PAGE 3 )
POLICY NUMBER
0209783
NOTE: TITLE TO THE HEREIN DESCRIBED EASEMENT NOT EXAMINED SUBSEQUENT TO
THE DATE OF AFORESAID INSTRUMENT.
9. AN EASEMENT DATED AUGUST 24, 1928, GRANTED TO LONE STAR GAS COMPANY BY
MRS. JOSEPHINE PALM, ET AL, RECORDED IN VOLUME 237, PAGE 347, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR PIPELINE, TOGETHER WITH ALL RIGHTS
RECITED THEREIN)
NOTE: TITLE TO THE HEREIN DESCRIBED EASEMENT NOT EXAMINED SUBSEQUENT TO
THE DATE OF AFORESAID INSTRUMENT.
10. AN EASEMENT DATED JUNE 26, 1928, GRANTED TO LONE STAR GAS COMPANY BY ANNA
L. PALM, ET AL, RECORDED IN VOLUME 238, PAGE 187, DEED RECORDS, WILLIAMSON
COUNTY, TEXAS. (EASEMENT FOR PIPELINE, TOGETHER WITH ALL RIGHTS RECITED
THEREIN)
NOTE: TITLE TO THE HEREIN DESCRIBED EASEMENT NOT EXAMINED SUBSEQUENT TO
THE DATE OF AFORESAID INSTRUMENT.
11. AN EASEMENT DATED OCTOBER 14, 1936, GRANTED TO TEXAS POWER & LIGHT COMPANY
BY THE ESTATE OF A.J. PALM, DECEASED, RECORDED IN VOLUME 281, PAGE 464,
DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC LINE AND
SYSTEMS, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
12. AN EASEMENT DATED JULY 16, 1946, GRANTED TO TEXAS POWER & LIGHT COMPANY BY
THE ESTATE OF A.J. PALM, DECEASED, RECORDED IN VOLUME 337, PAGE 360, DEED
RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC LINE AND
SYSTEMS, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
13. AN EASEMENT DATED NOVEMBER 23, 1953, GRANTED TO TEXAS POWER & LIGHT
COMPANY BY THE ESTATE OF A.J. PALM, DECEASED, RECORDED IN VOLUME 393, PAGE
248, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC LINE
AND SYSTEMS, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
14. AN EASEMENT DATED NOVEMBER 6, 1975, GRANTED TO SOUTHWESTERN BELL TELEPHONE
COMPANY BY MARY H. PALM, ET AL, RECORDED IN VOLUME 621, PAGE 295, DEED
RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR UNDERGROUND
TELECOMMUNICATION LINES AND SYSTEMS, TOGETHER WITH ALL RIGHTS RECITED
THEREIN)
15. AN EASEMENT DATED MAY 2, 1994, GRANTED TO THE CITY OF ROUND ROCK BY THE
OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, RECORDED IN VOLUME
2543, PAGE 691, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR
WATERLINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
16. TERMS, CONDITIONS AND STIPULATIONS OF THAT CERTAIN PUBLIC UTILITY EASEMENT
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
CASE NUMBER
LAWYERS TITLE INSURANCE CORPORATION
2000 RR 209783 -L (199) /khs
OWNER POLICY OF
TITLE INSURANCE
SCHEDULE B
DATE OF
POLICY
7/26/2000
POLICY NUMBER
0209783
WITH TEMPORARY CONSTRUCTION EASEMENT DATED FEBRUARY 28, 2000, BY AND
BETWEEN THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, A TEXAS
NON- PROFIT CORPORATION AND CITY OF ROUND ROCK, TEXAS, A MUNICIPAL
CORPORATION, RECORDED ON JULY 26, 2000, AS DOCUMENT #2000048502, OFFICIAL
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the
Insured Claimant
(i) to pay or otherwise settle with other parties for or In the name of an
insured claimant any claim insured against under this policy, together with any costs,
attorneys' lees and expenses incurred by the insured claimant, which were authorized
by the Company up to the time of payment and which the Company is obligated to pay,
or
(u) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
Incurred by the insured claimant, which were authorized by the Company up to the time
of payment and which the Company is obligated to pay
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(1) or (0), the Companys obligations to the Insured under this policy 101
the claimed loss or damage, other 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 0 a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of.
(i) the Amount of Insurance slated in Schedule A;
(Ii) the difference between the value of the insured estate or Interest as
insured and the value of the insured estate or interest subject to the defect, hen or
encumbrance Insured against by this policy at the date the insured claimant Is required
to fumish to Company a proof of loss or damage in accordance with Section 5 of these
Conditions and Stipulations
(b) In the event the Amount of Insurance stated In Schedule A at the Date of
Policy 0 less than 80 percent of the value of the Insured estate or interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of Policy
an improvement Is erected on the land which increases the value of the Insured estate
or Interest by at least 20 percent over the Amount of Insurance stated in Schedule A,
then this Policy is subject to the following
(1) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at
Date of Policy, or
(11) where a subsequent Improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of
the Amount of Insurance staled In Schedule A bears to the sum of the Amount of
Insurance stated in Schedule A and the amount expended for the Improvement
The provisions of this paragraph shall not apply to costs, attorneys' fees and
expenses for which the Company is liable under this policy, and shall only apply to that
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A
(c) The Company will pay only those costs, attorneys' lees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations
B. APPORTIONMENT.
If the land described In Schedule A consists of two or more parcels that are not
being used as a single site, and a loss 0 established affecting one or more of the
parcels but not all, the loss shall be computed and settled on a pro rata basis as if the
amount of Insurance under this policy was divided pro rata as to the value on Dale of
Policy of each separate parcel to the whole, exclusive of any Improvements made
subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon
as to each parcel by the Company and the Insured at the time of the Issuance of this
policy and shown by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) 11 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 m accordance with Section 3 or Section 6, Ina reasonably diligent manner
by any method, Including litigation and the completion of any appeals therefrom, it shall
have fully performed its obligations with respect to that matter and shall not be liable for
any loss or damage caused thereby
(b) In the event of any litigation, including litigation by the Company or with the
Companys 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 suet without the poor
wntten consent 01 the Company.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro Canto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a mortgage to
which exception is taken In Schedule B or to which the insured has agreed, assumed, or
taken subject, or which is hereafter executed by an insured and which is a charge or lien
on the estate or Interest described or referred to in Schedule A, and the amount so paid
shall be deemed a payment under this policy to the insured owner
B 1178 -22
CONDITIONS AND STIPULATIONS = CONTINUED
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 Toss 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 nghts 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 Companys payment bears to the whole amount of the loss
If loss should result from any act of the insured claimant, as stated above, that act
shall not void this policy. but the Company, m that event, shall be required to pay only
that part of any losses Insured against by this policy that shall exceed the amount, 11
any, lost to the Company by reason of the impairment by the insured claimant 01 the
Company's right of subrogation
(b) The Company's Rights Against Non - Insured Obligors
The Companys right of subrogation against non - Insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities, guaranties, other
policies of insurance or bonds, notvnthstanding any terms or conditions contained in
those instruments that provide for subrogation nghts 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 Insurance Arbitration Rules or the American
Arbitration Association Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured ansing out of or relating to
this policy, any 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 51,000,000 or less SHALL BB 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 bath the Company and the Insured Arbitration pursuant to this
policy and under the Rules In effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon the
parties The award may include ahomeys' lees 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 memo?
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules
A copy of the Rules may be obtained from the Company upon request
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, 11 any, attached hereto by the
Company is the entire policy and contract between the insured and the Company In
interpreting any provision of this policy, this policy shall be construed as a whole
(b) Any claim of loss or damage, whether or not based on negligence, and
which apses out of the status of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy,
(c) No amendment of or endorsement to this policy can be made except by a
wnting 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 lull force and effect
17. NOTICES, WHERE SENT.
All notices required to 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. Consumer Affairs Department, P,O Box 27567, Richmond, Virginia
23261.7567.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, contact the agent or write to the Company that Issued the policy. if the
problem Is not resolved, you also may write the Texas Department of Insurance,
P.O. Box 149091, Austin, TX 78714 -9091, Fax No. (512) 475 -1771. This notice of
complaint procedure Is for information only and does not become a part or
condition of this policy.
CONTROL NUMBER 811-0012142.
Juyers1JtIe
Insurance Crporation
ALWDAMERICA OMP
TEXAS OWNER
POLICY OF
TITLE INSURANCE
Issuer) BY
Lawyerslidejnsurance @po, raflon
Home OFFICE
101 Gateway Centre Pathway, Gateway One
Richmond, Virginia 23235 -5153
3:J
A WORD OF THANKS
As we make your policy a part of our permanent
records, we want to express our appreciation of
this evidence of your faith in Lawyers Title
Insurance Corporation.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
awyers]itle
Insurance Crporation
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1-800-442-7067
, r t ' Q *IatR -i41 - 000° - oo1l - A
PUBLIC UTILITY EASEMENT WITH
TEMPORARY CONSTRUCTION EASEMENT
a THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
[LJ THAT THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a Texas non -
O profit corporation and its successors and assigns ( "Grantor "), for and in
((l consideration of the sum of TEN and no /100th DOLLARS ($10.00) and other good and
03 valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal
s , corporation ( "Grantee "), receipt of which is hereby acknowledged, does hereby
O Grant, Sell, and Convey unto Grantee, certain rights and interests in the nature
O of a perpetual public utility easement and a temporary construction easement to
O construct, install, operate, maintain, inspect, reconstruct, rebuild, relocate
and remove public utilities, including, but not limited to: electric transmission
O and distribution lines; water lines and wastewater lines, connecting lines,
[V access facilities, and related equipment; storm sewers and collection facilities;
television, telephone, and communications lines; drainage pipes and all other
subsurface drainage structures, and any necessary accessories, or operations, in
upon, over, under, and across the following described property, to -wit:
See Exhibit "A" attached hereto and made a part hereof for all
intents and purposes hereunto and in any wise pertaining, being a
strip of land containing approximately 0.979 acres of land, more or
less,( the "Easement ") being a part of a 101.110 acre tract of land
described in a Partition Deed recorded in Vol. 1760, Page 451 of the
Official Records of Williamson County, Texas.
This conveyance is made and accepted subject to any and all conditions and
restrictions, if any, relating to the hereinabove described property, to the
extent, and only to the extent, that the same may still be in force and effect,
shown of record in the office of the County Clerk of Williamson County, Texas.
The Easement, rights, and privileges granted herein are exclusive, and
Grantor covenants that it will not convey any other easement or conflicting
rights within the area covered by this grant, without the express written consent
of Grantee, which consent shall not be unreasonably withheld. Grantee shall have
the right to review any proposed easement or conflicting use of the Easement to
determine the effect, if any, on the public utilities contemplated herein. Prior
to granting its consent for other easements Grantee may require reasonable
safeguards to protect the integrity of the public utilities.
In addition to the Easement specified herein, Grantor hereby grants to
Grantee a fifty foot (50') wide temporary construction easement running the
length of and adjacent to the northern edge of said Easement for the purpose of
constructing a wastewater collection line; said temporary construction easement
being across the following described property to -wit:
See Exhibit "B" attached hereto and made a part hereof for all
intents and purposes hereunto and in any wise pertaining, being a
strip of land containing approximately 0.954 acres of land, more or
less.
S AWPDOCS \ACITY \EASEHZNT \CHANDL -1 \OLD SE- 1.WP0 /cdc
1.
I'7
Upon completion of construction and installation of the wastewater line,
Grantee shall replace and restore all fences, walls, or other structures that may
have been relocated or removed during the construction period.
This temporary construction easement shall exist from the date construction
of the wastewater line begins and shall continue until completion of the above
referenced wastewater line, but in no event later than January 1, 2000.
Grantor further grants to Grantee:
(a) the right to grade the Easement for the full width thereof and to
extend the cuts and fills for such grading into and on the land
along and outside the Easement to such extent as Grantee may find
reasonably necessary;
(b) the right to support the pipelines across ravines and watercourses
with such structures as Grantee shall deem necessary;
(c) the right of ingress to and egress from the Easement over and across
Grantor's property by means of roads and lanes thereon, if such
exist, otherwise by such route or routes as shall occasion the least
practicable damage and inconvenience to Grantor; provided that such
right of ingress and egress shall not extend to any portion of
Grantor's property which is isolated from the Easement by any public
highway or road now crossing or hereafter crossing the property; the
foregoing right of ingress and egress includes the right of the
Grantee to disassemble, remove, take down, and clear away any fence,
barricade, or other structure which obstructs, prevents, or hinders
Grantee's ingress to and egress from the Grantor's property, and
should Grantee deem it necessary to so disassemble, remove, take
down, or clear away any such fence, barricade, or other structure,
Grantee shall, as soon as is reasonably feasible, replace or restore
Grantor's property to as similar a condition as reasonably
practicable as existed immediately prior to Grantee's actions
pursuant to this provision, unless said fence, barricade, or other
structure is inconsistent with the rights conveyed to Grantee
herein; the foregoing right of ingress and egress applies during the
period of construction as well as otherwise;
(d) the right of grading for, construction, maintaining and using such
roads on and across the property as Grantee may deem necessary in
the exercise of the right of ingress and egress or to provide access
to property adjacent to the Easement;
(e) the right from time to time to trim and to cut down and clear away
any and all trees and brush now or hereafter on the Easement and to
trim and to cut down and clear away any trees on either side of the
Easement which now or hereafter in the opinion of Grantee may be a
hazard to the pipelines, valves, appliances or fittings, by reason
of the danger of falling thereon, or which may interfere with the
exercise of Grantee's rights hereunder, provided, however, that all
trees which Grantee is hereby authorized to cut and remove, if
valuable for timber or firewood, shall continue to be the property
of Grantor, but all tops, lops, brush and refuse wood shall be
burned or removed by Grantee;
(f) the right to install, maintain and use gates in all fences which now
cross or shall hereafter cross the Easement; and
2.
(g)
the right to mark the location of the Easement by suitable markers
set in the ground; provided that such markers shall be placed in
fences or other locations which will not interfere with any
reasonable use Grantor shall make of the Easement.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the Easement;
(b) Grantee shall promptly back£ill any trench made by it on the
Easement and repair any damage it shall do to Grantor's private
roads or lanes on the lands; and
(c) Grantee shall indemnify Grantor against any loss and damage which
shall be caused by the exercise of the rights of ingress and egress
or by any wrongful or negligent act or omission of Grantee's agents
or employees in the course of their employment.
Grantor also retains, reserves, and shall continue to enjoy the surface of
such Easement for any and all purposes which do not interfere with and prevent
the use by Grantee of the Easement, including the right to build and use the
surface of the Easement for drainage ditches and private streets, roads,
driveways, alleys, walks, gardens, lawns, parking areas and other like uses
and /or to dedicate all or any part of the surface of the property affected by
this Easement to any city or county for use as a public street, road or alley;
provided Grantor shall not erect or construct on the Easement any building or
other structure such as a patio, swimming pool, sport court, storage shed,
accessory building, barbeque pit or similar structure, or drill or operate any
well, or construct any reservoir or other obstruction on the Easement, or
diminish or substantially add to the ground cover over the pipelines. Grantee
shall not be responsible or liable for the removal, repair or damage to any
property, structure, building, or other use inconsistent with the rights conveyed
to Grantee by the Easement. Provided however, before constructing any
improvements, at least ten (10) days written notice shall be provided to Grantee
of the general plans of the improvement to be constructed on the Easement, and
Grantor must first obtain the consent and approval from Grantee of the
construction and location of any improvements within the Easement.
Grantor hereby dedicates the Easement area as a public utility easement for
the purposes stated herein.
TO HAVE AND TO HOLD the rights and interests described unto Grantee and its
successors and assigns, forever, and Grantor does hereby bind itself, its
successors and assigns, and legal representatives, to warrant and forever defend,
all and singular, the above - described Easement and rights and interests unto
Grantee, its successors and assigns, against every person whomsoever lawfully
claiming, or to claim same, or any part thereof.
s: \WPDOCS\ACITY \EASEMENT \CHANDL -1 \OLD SE- 1.WPD /kah
3.
IN WITNES WHEREOF, Grantor has caused this instrument to be executed this
2 i j day of , 2000.
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the a0-- day of
1^Gt�l'l.�a -✓� , 2000, by IRENE K. MICHNA, President of The Old Settler Association
of Williamson County, Texas, a Texas non - profit corporation, on behalf of said
corporation for the purposes and consideration therein expressed.
After recording
please return to:
KIMBERLY OAMBOA
NOTARY PUBLIC
State of Tom
conim Exp. 10-23.2003
Brown McCarroll Sheets & Crossfield, L.L.P.
309 East Main
Round Rock, Texas 78664
5 \HPDOCS \ACITY \EASe,ENT\CHANOL -1 \OLD SE -, wPD /kah
GRANTOR:
THE OLD SETTLERS ASSOCIATION
OF WILLIAMSON COUNTY, TEXAS,
a Texas in-profit corporation
By: , / - Al
IRE -!'. MICHNA, its Pre •ent
4.
Notary Public, State of Te as
Printed Name:
rrn`iyr�
My Commission Expires:JQ - 3
Public Utility Easement FN1396(JWG)
Old Settlers Association May 12, 1999
to City of Round Rock SAM, Inc. Job No. 98304 -27
0.979 Acres
DESCRIPTION OF A 0.979 ACRE TRACT OF LAND LOCATED IN THE P.A. HOLDER SURVEY, A -297,
IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT 1, A CALLED
101.110 ACRE TRACT OF LAND DESCRIBED IN EXHIBIT "C" OF THAT PARTITION DEED BETWEEN
THE CITY OF ROUND ROCK AND THE OLD SETTLERS ASSOCIATION AS RECORDED IN VOLUME
1760, PAGE 451 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.979 ACRE
TRACT, AS SHOWN ON THE ATTACHED SKETCH PREPARED BY SAM, INC. FOR THIS PARCEL TO
BE USED AS A PUBLIC UTILITY EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a Type II Texas Department of Transportation (TxDOT) monument found in the proposed
northerly right -of -way line of U.S. Highway No. 79, being 144.70 feet left of Survey Baseline 'G' station
220 +76.10, same being a point in the west line of said 101.110 acre tract, also being a point in the east line
of the remainder of that called 46.838 acre tract of land described in the deed to James M. Foley, and wife,
Patricia L. Foley, as recorded in Volume 603, Page 174 of the Deed Records of Williamson County, Texas,
and being the southwest corner and POINT OF BEGINNING of the tract described herein;
1) THENCE departing the proposed northerly right -of -way line of U.S. Highway No. 79 with the west line
of said 101.110 acre tract and the east line of said 46.838 acre tract, N 02 °14'48" W, a distance of
54.79 feet to a calculated point for the northeast comer of the tract described herein, from which a
''A -inch iron rod found for an angle point in the west line of said 101.110 acre tract bears
N 02 °14'48" W, a distance of 730.34 feet,
2) THENCE departing the east line of said 46.838 acre tract and crossing said 101.110 acre tract
N 63 °36'53" E, a distance of 842.03 feet to a calculated point in an easterly line of said 101.110 acre
tract, same being a point in the west line of that certain Tract III (House Tract), a called 9.691 acre
tract of land described in Exhibit "B" of said Partition Deed, and being the northeast corner of the tract
described herein;
3) THENCE with the easterly line of said 101.110 acre tract and the west line of said 9.691 acre tract,
S 26 °23'07" E, a distance of 50.00 feet to a' cinch iron rod with a TxDOT aluminum cap found in the
proposed northerly right -of -way line of U.S. Highway No. 79, being 144.82 feet left of Survey Baseline
'G' station 229 +40.53 and being the southwest corner of the tract described herein;
Page 1 of 3
EXHIBIT -A
r
Public Utility Easement FN1396(JWG)
Old Settlers Association May 12, 1999
to City of Round Rock SAM, Inc. Job No. 98304 -27
0.979 Acres
4) THENCE departing the west line of said 9.691 acre tract and crossing again said 101.110
acre tract with the proposed northerly right -of -way of U.S. Highway No. 79, S 63 °36'53" W,
a distance of 864.43 feet to the POINT OF BEGINNING and containing 0.979 acres of land
more or less.
All bearings are based on the Texas State Plane Coordinate System, Central Zone, NAD 83 (93).
THE STATE OF TEXAS
COUNTY OF TRAVIS
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
AGS IN TIT YE COMPANY
101 E. Old Settlers Blvd.
Suite #100
Round Rock, Texas 78664
KNOW ALL MEN BY THESE PRESENTS:
That I, Robert J. Roy, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein
was determined by a survey made on the ground under my direction and supervision.
WITNESS MY HAND AND.SEAL at Austin, Travis County, Texas this th • 12th day • May, 1999 A.D.
- .�..� ��
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
07 - 26 - 2000 01:52 PM 2000048502
MABRY $19.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Page 2 of 3
EXHIBIT - A
Robert J. R
Registered Professiona Land Surveyor
No. 5159 - State of Texas
s
AUSTIN TITLE COMPANY
December 1, 2000
City of Round Rock
309 East Main
Round Rock, Texas 78664
Re: Our File Number: 00 RR 209783 -L
Closer: Claire Wolff Hartman
Dear Policyholder(s):
In connection with the above captioned transaction, we enclose herewith
LAWYERS TITLE INSURANCE CORPORATION Owner's Title Policy No. 209783, along
with the original recorded Deed and Public Utility Easement.
It has been a pleasure to handle this transaction for you. If you should
have any questions, please contact Claire Wolff Hartman at 512 - 255 -3343.
Very truly yours,
AUSTIN TITLE COMPANY
Policy Department
khs
Enclosure
1
S '
o
RECEIVED
DEC A 7 2000
COMftuppk
1515 Capital of Texas Highway South Fifth Floor . Austin, Texas 78746 -6544
Office 512 /306.0988 512 /306.0966 Fax
A: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
C. NOTE:
This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.
Items marked "(p.o.e.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D, CITY OF ROUND ROCK
NAME OF BORROWER 309 EAST MAIN
AND ADDRESS ROUND ROCK, TEXAS 78664
E. THE OLD SETTLERS ASSN OF WC
NAME OF SELLER C/O NG WHITLOW
AND ADDRESS P.O. BOX 395
F.
NAME OF LENDER
AND ADDRESS
G.
PROPERTY LOT: BLOCK: ADDN: .979 PA HOLDER /ESMT TRACT
LOCATION CB /NCB: NN1.724 AC
H. AUSTIN TITLE COMPANY
SETTLEMENT AGENT 101 E. Old Settlers Blvd.
PLACE OF SETTLEMENT Suite 100
Round Rock, Texas 78664
I .
r
SETTLEMENT DATE JULY 15, 2000
PRORATION DATE JULY 12, 2000
,T Summary of Borrower's Transaction
100 GROSS AMOUNT DUE FROM BORROWER
101 Contract sales prise
102. Personal ruler .y
101. Settlement r.iargPs to borrower (line 1400)
104.
104
Adjustments for items paid by seller in advance
106. City /town taxes
107 County taxes
100. Assessments
109
110
111.
112.
120. Gross Amount Due From Borrower
200. Amounts Paid Ay Or In Behalf Of Borrower
701. Deposit nr earnest money
202. Principal amonnt of new loan(s)
203. Existing loan(s) taken subject to
204.
205
206
207
208
209
Adjustments for items unpaid by seller
210 City /town taxes
211. County taxes
212 Assessments
213 TAXES
214.
215
216
217
918
919
SETTLEMENT STATEMENT
220. Total Paid By /For Borrnwar
300. Cash At Settlement From/To Borrower
101. Gross Amount due from borrower (line 120)
102. Isss amounts paid by /fur borrower (lino 920)
303. Cash From Borrower
Form Approved 000 No.2502 -0265
N00 -1 (3- 86)REEPA, NB 4305.2
B. TYPE OF LOAN Cash
AUSTIN 6. FILE NO. H 2000 RR 209783 -L (199)
TITLE COMPANY
7. LOAN NO.
MORTGAGE INS.
8. CASE NO.
1/01/7000 to 7/12/2000
214,160.00
1,724.00
215, 884.00
55.29
55.29
215,884.00
45.20
215,828.71
FILE NUMBER: 209783 -L
L. Settlement Charges
700. Total Wee/Brokers Commission based on price
Division of Commission (line 700) as follows:
701.
702.
703, Commission paid at Settlement
704,
Is=
PAID FROM
BORROWER'S
FUNDS
AT SETTLEMENT
800. Items Payable In Connection With Loan
801. Joan Origination Fee
802. Loan Discount
803 Appraisal Fee
804. Credit Report
805. Lender s Inspection Fee
806. Mortgage Ins. App, Fee
807. Assumption Fee
808.
809
810
811.
900. Items Required By Lender To Be Paid In Advance
901, Interest fro t 0$
902. Mortgage Insurance Premium for
903. Bayard Insurance Premium for
904.
905
/day
PAID FROM
SELLER'S
FUNDS
AT SETTLEMENT
1000, Reserves Deposited With Lender
1001. Hazard insurance months 0
1002. Mortgage insurance months 0
1003 City property taxes months 0
1004. County property taxes months P
1005. Annual assessments months 0
1006. months 0
1007. months 0
1008. months P
1009 000900ATR ADJUSTMENT months A
per month
per month
per month
per month
per month
per month
per month
per month
per month
0
.00
_ 109,_Title Charges
W l 1 1 11 ..
1102, Abstract or title search
1103. Title examination
1104. Title insurance binder
1105 Document preparation SRN 000000007 SHEETS &CRSFLD
1106 Notary fees
1107. Attorney's fees
Title Insurance AUSTIN TITLE COMPANY
'includes above item numbers: 1101, 1102, 1103)
.tinder's coverage
Owner's coverage
Escrow fees
Restrictions
Tax Certificate
ATToRNRY' S FEE
1109.
1110
1111.
1112
1113.
1114,
1114a.
214,160.00
AUSTIN TITLE COMPANY
TBXAS TAX COMPANY
JORN AVERY
1,709,00
60.00
85.00
54,44
1,900.00
1108.
1200. Government Recording and Transfer Charges
_12.01.. ___Recording fees, Warranty Deed AUSTIN TIKE COMPANY
1202. City /county /stamps. Deed $ ;Mortgage $
1203. State tax /stamps. Deed $ ;Mortgage $
1204. Delivery Fee
1205.
15,00
11 ;11 1,. • - II',
1301.
1302.
1303.
1304.
1305.
Survey
Pest inspection
arges
1,724,00
1400. Total Settlement Charges
(enter on lines 103, Section J and 502, Section R
Seller Old � C lil J '1!5.7 i' �
i
Se11e; „•I 4 1/.,1/4 / Purch aas
CONTINUED ON NEXT PAGE
1,699.44
, A) /e0el€d
The undersigned understands the Closing or Escrow Agent het assembled this information representing the transaction from the best
information available from other a and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may
be furniehed a copy of this Statements c
The undersigned understands that tax and insurance prorations and reserves were based on
figures for the preceding year or supplied by others or estimates for the current year, and in the event of any change for the
current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes TITLE
00. to make expenditures and disbursements as shown above and approves same far payment.
We acknowledge receipt of a copy of the SETTLEMENT STATEMENT.
WARNING: it is a crime to knowingly make false statements to the United states on this or any other similar form. Penalties upon
conviction can include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and section 1010.
Seller
Old / �e. / P3s/v c VV saiLIf 7 . C �1', /V
Salle L� J 0 J /.� �'".W✓IJ Purch /�Ir�Lu� I NI M
his is a Qiii fl • •orrect Ste =ment of the transaction as closed.
ii
. . I .im .!Q ■ .
We hereby cart
Escrow Office
SETTLEMENT CHARGES CONT. PILE NUMBER: 209783 -L
AUSTIN TITL
V
GF #: 209783 L
Brief Legal:
HWY 79
ROUND ROCK TX
78664
Addn: .979 PA HOLDER /ESMT TRACT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BUYERS ACCEPTANCE AND AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
City of Round Rock, know to me to be the person and /or officer
whose name is subscribed hereto and upon oath deposes and says:
THAT, undersigned acknowledges and certifies that, prior to final closing
and disbursement of funds, the undersigned has been notified of and furnished
with the following:
(x) Copy of Commitment for Title Insurance dated June 5, 2000
(x) Copy of instruments containing restrictions, if any;
(x) Copy of recorded easements, if any;
(x) Copy of additional exceptions to title, if any.
THAT, in consideration of the issuance of an Owner Policy of Title
Insurance, as currently promulgated by the Texas Department of Insurance to the
undersigned, issued in the amount of $ 214,160.00, and insuring title to the
property described in the attached Commitment for Title Insurance, the
undersigned acknowledges that said policy will be issued subject to the standard
printed terms, conditions, stipulations and the exceptions as shown in the
attached Commitment for Title Insurance.
SURVEY
(_) THAT, the undersigned acknowledges receipt of a copy of the survey of the
property dated , by ,
and accepts same subject to any encroachments and /or protrusions shown
thereon and hereby agrees to save and hold harmless AUSTIN TITLE COMPANY,
its underwriter and the Lender, from any and all coats, damages and expenses
in any way arising from the existence of any encroachments, protrusions,
easements, limitations and /or conditions, and does hereby release AUSTIN
TITLE COMPANY, its underwriter and the Lender from any liabilities
arising in any manner therefrom, including but not limited to, court costs
and attorney's fees.
(CONTINUED ON FOLLOWING PAGE)
(x) THAT, the undersigned acknowledges that NO survey of the subject property
was furnished in this transaction and the undersigned accepts the property
subject to any irregularities as survey may disclose.
RIGHTS OF PARTIES IN POSSESSION WAIVER
THAT, the undersigned waives an inspection of the subject property by AUSTIN
TITLE COMPANY, its agents and /or employees, and accepts the Owner Policy of
Title Insurance SUBJECT TO RIGHTS OF PARTIES IN POSSESSION; and undersigned has
inspected the subject property and has made satisfactory arrangements to obtain
possession.
ACCEPTANCE OF PROPERTY
THAT, the undersigned has inspected said property personally and /or through
professionals which the undersigned has selected. The results of the
inspections are satisfactory and the undersigned accepts the property in its "AS
IS condition. All repairs required to be made under the terms of the Earnest
Money Contract have been satisfactorily completed.
THAT, the undersigned acknowledges that the Real Estate Agents and /or
Brokers, Lenders, and AUSTIN TITLE COMPANY and its underwriter have not made any
warranties or representations as to the condition of the subject property, and
accordingly, the undersigned releases and holds them harmless from any and all
liability in regard to the same.
Notwithstanding anything to the contrary contained in the Earnest Money
Contract, Buyer hereby specifically waives any right to object to matters
disclosed in the title commitment, survey plat, and any other matter to which
Buyer may have a right to object as provided in the Earnest Money Contract
applicable to this transaction.
BUYER
SWORN TO AND SUBSCRIBED before me this day of July , 2000.
Al I,I ' 1 Ili/ 111LId.
Notary Public, Mite te ae n 0 i
Name Printed L e K r,
pi; = CHRISTINE R.MARTINEZ Commission Expires r
MY COMMISSION EXPIRES
at AU USt G, 2001
/NE 2.
" 06/08/2000 16:11 5129305348
Form ROW A-6 (Page 1 0(5)
Revised 12-97
REAL ESTATE APPRAISAL REPORT
TEXAS DEPARTMENT OF TRANSPORTATION
Address of Property: N/S U.S. 79 @ Old Settlers Park Account. N.A.
Property Owner: Old Settlers Association (Irene Michna, President) Parcel: 1
Address of Property Owner. 251 Rowe Valley Dr. CSJ: N.A.
Taylor, TX 76574
Occupant's Name: Old Settlers Association Federal Project No: N.A.
Whole: Partial: ® Acquisition Highway: U.S. 79 County: Williamson
Purpose of the Appraisal
The purpose of this appraisal is to estimate the market value of the fee simple title to the real property to be acquired, encumbered by
any easements not to be extinguished, less oil, gas and sulphur. If this acquisition is of less than the whole property, then any special
benefits and/or damages to the remainder property must be included in accordance with the laws of Texas.
Market Value
- Market value is defined as follows: "Market Value is the price which the property would bring when it is offered for sale by one who
desires, but is not obliged to sell, and is bought by one who is under no necessity of buying it, taking Into consideration all of the uses
to which it is reasonably adaptable and for which it either is or In all reasonable probability will become available within the reasonable
future.
Certificate of Appraiser
I hereby certify:
That it is my opinion the total compensation for the acquisition of the herein described property is 5214,160 as of 7uly 22 ,1999
based upon my independent appraisal and the exercise of my professional judgment;
That on July 22, 1999, I personally inspected in the field the property herein appraised; that I afforded Ms. Irene Michna, President
of Old Settlers Association, and N.G. Whitlow, Treasurer, the property owner or the representative of the property owner, the
opportunity to accompany me at the time of the inspection;
That the comparables relied upon in making said appraisal were as represented by the photographs contained in the appraisal
report and were inspected on various dates;
That I have not revealed and will not reveal the findings and results of such appraisal to anyone other than the proper officials
of the Texas Department of Transportation or officials of the Federal Highway Administration until authorized by State officials to
do so, or until I am required to do so by due process of law, or until 1 am released from this obligation by having publicly testified to
such findings;
That my compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause
of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.
i certify to the best of my knowledge and belief:
That the statements of fact contained in this report are true and correct;
- That the reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and
are my personal, unbiased professional analyses, opinions, and conclusions;
That I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or
- bias with respect to the parties involved;
That my analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the appropriate
State laws, regulations, and policies and procedures applicable to the appraisal of right of way for such purposes, and that to the best
of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established
- law of said State, and any decrease or increase in the fair market value of subject real property prior to the date of valuation caused
by the public improvement for which such property is to be acquired, or by the lticelihood that the property would be acquired for such
improvement, other that due to the physical deterioration within the reasonable control of the owner, has been disregarded in
esti ating h y. f tion for the property.
gsgrd
, MAI
Jx- 1321079 -fi
Aueust 17. 1999
— Daze
Larry D Kokel, A
avid
Oberrender
TX -1721 141 41
Pape 1.3
KOKEL APPRAISAL PAGE 02
To the Font at taawledrt, the value does not include any Rams which
me compeosable under the Use law bat arc not ,t aible for Federal
relmbunemmt.
Disaittaetiawing Appraiser Due
) . bb /Gli / 1b:11 71L7JG7J4b
— Texas Department of Traosportaaon
Form ROW A4 (Page 5 of 5)
Revised 12.9'
— Improvements: To be replaced $ 0
TOTAL ESTIMATED VALUE $ 214.160
Cost to Cure Damages S 0
Estimated Total Compensation $ 214.160
- Furnish comments on attachments as necessary.
ESTIMATED VALUE OF ACQUISMON
PUI�GU FirrnrilJ u_ r nOG UJ
Land 1.724 (acreM) (a3 $ 2.00 per aeretsf s 150.190
Easement 0.979 (acre/sf) Q $ 2.00 x 75% per eemisf $ 63 970 $ 214.160
$
Page 5.0
s
$
$ 0
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Doc., 1* 2000
SPECIAL WARRANTY DEED
§ KNOW ALL PERSONS BY THESE PRESENTS:
That THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a
Texas non - profit corporation ( "Grantor "), for and in consideration of the sum of Ten and no /100
Dollars and other valuable consideration to the undersigned paid by the Grantee herein named, the
receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto THE YOUNG
MEN'S CHRISTIAN ASSOCIATION OF GREATER WILLIAMSON COUNTY (sometimes called
the "YMCA"), a Texas non - profit corporation ( "Grantee "), all of the following described real
property in Williamson County, Texas, to -wit:
That certain 9.258 acre tract of land out of the Prior A. Holder
Survey, Abstract No. 297 situated in Williamson County, Texas,
being more fully described by metes and bounds in Exhibit "A"
attached hereto and incorporated herein by reference for all purposes.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and
assigns forever to WARRANT AND FOREVER DEFEND all and singular the said premises unto
the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by, through or under Grantor, but not otherwise.
The above property shall be used only for the following purposes which are currently deemed
to be consistent with the adjoining public park owned by the City of Round Rock, and for no other
uses without the express written consent of the majority of the City Council of the City of Round
Rock and the Board of Directors of The Old Settlers Association of Williamson County, Texas, their
respective successors and assigns, to with: generally accepted YMCA activities, including, but not
necessarily limited to, (a) athletic playing fields; (b) one minimum sized building to be used only for
bathrooms, sale of concessions to patrons of the YMCA facility, office for on -site YMCA staff,
storage of athletic equipment owned by the YMCA to be used on -site; (c) a covered pavilion; and
(d) paved on -site parking. The foregoing restrictions shall run with the land, and may be enforced
by the City of Round Rock and The Old Settlers Association of Williamson County, Texas, their
successors and assigns. If the Grantee is dissolved by the operation of law, or time, then in that event
the above described property shall pass to and vest in the City of Round Rock, Williamson County,
Texas, to be used by the City of Round Rock as a part of the public park system which adjoins the
property described in Exhibit "A" attached hereto.
This conveyance is made and accepted subject to all easements, restrictions, covenants and
conditions which are of record or visible or apparent on the property; and to any outstanding oil, gas
and other mineral or royalty interests or leases of record affecting the property. This conveyance is
made and accepted in its "as is" condition, without any express or implied warranty or representation
of use or fitness for any particular purpose.
Ad valorem taxes, if any, are assumed by Grantee.
EXECUTED this the49 day of 79XIr° .? , 2000.
STATE OF TEXAS
COUNTY OF WILLIAMSON
Address of Grantee:
YMCA of Round Rock
1812 N. Mays Street
Round Rock, Texas 78664
THE OLD SETTLERS ASSOCIATION OF
WILLIAMSON COUNTY, TEXAS,
A Texas non - profit corporation
by:
Irene K. Michna
President
ACKNOWLEDGMENT
e a <�fis Jam(/
This instrument was acknowledged before me , the undersigned authority, by Irene K.
Michna, President of Old Settlers Association of Williamson County, Texas, a Texas non -profit
corporation, on behalf of said corporation. ��
Signed on this the c20 day of _��.Ltded , 2000.
Notary Public, tafe of Texas
Commission Expires: /() a 3- D3
02,49/60 716:43 FAX 1 512 445
TEXAS HERITAGE BANK
.30U 12:30
• WEST
SURV/EVOR.S,
INC.
EXHIBIT
'2.101 ./VNCw"ow1 i
°"rrt t.0
wrr.( ifo.., Taro
07/14/95 12:23
512 255 1121
Gneao..v 6. Wtsr
ACC.m,.m P.....r suw.,av°..
(612) .60-6842
FIELDNOTE DESCRIPTION of N O M1t H g G4.nNOLsa_ (3n
BEING a 9.258 acre tract of land out of the Prior A. Holder Survey,
Abstract No 297 situated in Williamson County, Texas and being a portion
of that certain 71.110 acre tract conveyed to the City of Round Rock,
Texas by Special Warranty Deed recorded in volume 1760, page 475 of
the Official Records of Williamson County, Texas, said 9.258 acres
being more particularly described by metes and bounds as follows:
BEGINNING at a 3/8 inch iron rod found at the intersection of barbed
wire fences ( North. East and South ). said corner being situated South
00° 39' 51" East, a distance of 1,718.19 feet from a 1/2 inch iron
rod found marking the northwest corner of aforesaid 71.110 acre tract;
THENCE North 00° 39' 51" West. along the general line -of said barbed
wire fenceline. a distance of 637.53 feet to a 1/2 Inch iron rod Set
for the northwest corner of this tract;
THENCE departing the west line of said 71.110 acre tract and through
said tract, North 89° 20' 09" East (perpendicular to the previous course
), a distance of 538.98 feet to a 1/2 Inch iron rod Setfor an angle
point In the northeast line of this tract;
THENCE South 42° 09' 40" East. a distance of 143.44 feet to a point
for •corner approximately 30 foot offset from the centerline of a 24
foot wide asphalt roadway ( "Park Road" );
THENCE along the said 30 foot offset to the centerline of "Park Road'
the following six (6) courses:
Along a non - tangent circular curve to the left having a radius
of 490.98 feet. through a central angle of 21° 13' 04 ". an are
length of 181.82 feat. a chord bearing South 37° 13' 48° West.
a chord distance of 180.78 feet to a point for the end of said
curve;
South 31 °04'05 "West, a distance of 155.23 feet to a point of
curvature of a non - tangent circular curve to the left having a
radius of 276.46 feet;
along said curve to the left, through a central angle of 46 23'
30 ", an arc length of 223.85 feet, a chord bearing South 13° 05'
03" West. a chord distance of 217.78 feet to point for the and
of said curve;
South 08° 34' 09" East, a distance of 61.06 feet to a point of
curvature of a non - tangent circular curve to the right having
a radius of 336.36 feet;
along Said curve to the right. through a central angle of 29°
25' 45 ", an arc length of 172.77 feet. a chord bearing South 08°
12' 46" West, a chord distance of 170.87 feet to a point of reverse
curvature of a non - tangent circular curve to the left having a
radius of 430.43 feet;
RECORDERS MEMORANDUM
All or. parts of the text•on this page was not
clearly legible for satisfactory recordation.
lb004i005
P.89
TX /RX NO.3330 P.009
P?lzai ^A 516:44 FAX 1 512 445 7 ^'4 e005/005
JUL -14 -1995 12 :31 TEXAS HERITAGE BANK
9.258 acres continued:
along said curve to the left, through a central angle of 07° 28'
16 ", an arc length of 56.13 feet, a chord bearing South 13° 12'
29" Nest, a chord distance of 56.09 feet to a point for the
southeast corner of the herein described tract, same being in
the north line of a 30.000 acre tract ( Exhibit "G ". as surveyed
by Haynie. Kaltman & Gray Inc. Jan. 24. 1989);
THENCE departing "Park Road ", and along the north line of said 30.000
acre tract. South 88° 35' 01" Nest, a distance of 355.31 feet to a
1/2 inch iron rod set (0.7' west of existing fenceline) in the aforesaid
west line of 71.110 acre tract, for the southwest corner of this tract;
THENCE along the west line of said 71.110 acre tract, North 01° 24'
59' Nest. a distance of 244.65 feet to the POINT OF BEGINNING and
containing a calculated area of 9.258 acres ( 403,282'Square Feet )
of land.
07/14/95 12:23
512 255 1121 P.10
RECORDERS MEMORANDUM
DUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
TX /RX NO.3330 P.010
PENT ISCOMANC
1,9[2764
1
481
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7 1070 1 1174.S7 .
017667.
UNE 041A
BEIJENG
N 0111.1 It 2.22
2 N 317.213" 157:14
MC 7•677,9 AR.
417 43 49 SS 24 1TSCV SAM
7991 134.36 ..CS 11.1 S 1,C9VISV W •,9
43 40 23696 244.07 21111 11 170Ver 0 244.13
44 3013133 17290 31693 113.00 4s-sew 2 311.92
63 01 17211 175.15 • 2639 7 37174.1 • 174.19
t)
FIELDISRE DESCRIPTION
10106 • 9.606 • re tract of 1.nd out of 00. Prior A. Holder Survey,
Attract No. 297 situated in 61111amen County. Leas and being a portion
./ that certain 71.110 acre treat conveyed to the City of Round Rost,
ta by Special Warranty Deed recorded to volute 1760, page 475 of
he 011101.1 Records of 61111aason County. Testa. } 10 9.606 aorta
wing mm particularly described by metes and bounds .7 (0010.9:
061010116 at • 3/8 inch Iron red fotold et the intersection of barbed
sin fences ( North. Etas and 5041511 ), said corner being situated South
0' 19' 51^ East, a distance of 1.718.19 feet free • 1/2 inch Inn
10 (owe narking the northwest corer of aforesaid 71.110 acre tract;
MCC Worth 00' 39' 51' West, along the geneni lint of said basted
do fenceline, • distance of 637.53 feet to a 1/2 Inch inn red Set
'or the northwest comer of 5111. tract;
MCC departing the west 11n• of said 71.110 acre tract and through
laid tract, North 89^ 20' or East (perpendicular to the previous course
). a distance of 536.96 feet to a 1/2 Inch iron rod Setter an angle
Joint In the northeast line of this tract:
060570 South 42' 08' O0 Vest, a distance of 161.44 feet to • 1/2 inch
Iron red Set for corner on the wet edge of a curving asphalt roadway
'Park Road' ):
0096E a100g the .ea0 cage of said asphalt roadway ("Perk Road") the
PoII0.109 s16 (6) 00.7001.
Along • non - tangent circular eta a to the left having a rldlus
of 472.98 feet, through 0 central angle of 21• 13' 04 en are
length of 175.15 feet, a herd bearing South 37' 13' 48' West,
chord distance of 174.16 feet to a 60d n.11 set for She end
of sold curve.
South 31.02'54 • distance of 157.44 feet to • 604 nen sat
for a point of curvature of a on- tangent circular curve to the
left having a maim of 258.46 feet:
.long said curve to the left, through a central angle of 45^ 34'
05", an are le0gt6 of 213.07 feat, a chord 0eerins South I7 05'
03• West. • chord distance of 204.33 feet to a 600 nail set far
the end of said curve.
South 08• 33' 54' East. 0 distance of 62.22 feet to • 60d 0.11
set for • paint of curvature of • non - tangent circular curve to
the right Mving • radius of 354.36 feet:
long said curve to the 7 ight. through • central ogle of 29
n
16' 25', ore length of 181.05 feet, • cher0 bearing South 00'
00' 06' West, • chord distance df 179.09 feet to • 600 na11 rat
for point of reverse curvature of a non - tangent circular curve
to the 1eft having a radius of 412.43 feet;
.long said c e ta the ro
le /t. thug11 a central angle of OP 55'
43', an arc length of 49.39 feet, • chord hearing South 13' 23'
06 West, • chord distao0e of 49.37 feet to a 1/2 inch Inn rod
[ for the soutMUt cam e of the herein described tract. Has
being the northeast comer •
of 30.000 acre tract ( Exh1111t '6'.
as surveyed ey Haynie, Ullman 16r.y Inc.. Jae. 24, 1989):
DIME departing the said nest edge of asphalt ('Park Road'). and along
the north line of said 30.000 acre tract. South 68• 35' 61' West,
distance of 373.65 feet to a 1/2 Inch iron rad set (0.7' •oat of existing
lencellne) In the aforesaid west line of 71.110 acre tract. for the
southwest corner of this tract.
HENCE .long the west line of .054 71.112 acts tract. North 01' 24'
59^ West. • distance of 244.65 feet to the POINT OF DEDIRR1i and
retaining • c.itul•ted one of 9.605 acres ( 418,453 Square Feet )
of land.
Weal. a Registered Professional Land Surveyor, licensed Lo practice Land Surveying
e of Texas, do hereby certify that this plot repreeente the results al an on -the-
.ey performed on Mach 7. 1994 under my direction and eupervlslan
and correct to the best of my knowledge end that there ore no dlscreponcles,
encroachments a x eepl t.1 shown hereon
o. 4
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