R-00-08-28-3A6 - 8/28/2000RESOLUTION NO. R- 00- 08- 28 -3A6
WHEREAS, the City desires to purchase a 0.013 acre tract of land
for additional right -of -way for SH 45, and
WHEREAS, La Frontera Multi- Family Partners, Ltd., the owner of
the property, has agreed to sell said property to the City, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Real Estate Contract with La Frontera Multi- Family
Partners, Ltd., for the purchase of the above described property, a
copy of said Real Estate Contract being attached hereto and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 28th day of Au
ATTEST: City of Round Rock, Texas
LAND, City Secretary
R: \WPDOCS \RESOLUT I \R0082BAR . WED/ sc
Otir iht
ero
ROBERT A. STLUKA, Mayor
000.
State of Texas
County of Williamson
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between LA
FRONTERA MULTI - FAMILY PARTNERS, LTD. Texas limited partnership (referred
to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home
Rule City of 221 E. Main St. Round Rock, Williamson County, Texas
(referred to in this Contract as "Purchaser "), upon the terms and
conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, the parcel of land containing
approximately 0.013 acres of land (566 square feet) situated in
Williamson County, Texas, being more particularly described as follows:
Parcel #79: 0.013 acre tract, (566 square feet) as more
particularly described in Exhibit G, attached hereto and
incorporated herein;
together with all and singular the rights and appurtenances pertaining
to the property, including any right, title and interest of Seller in and
to adjacent streets, alleys or rights -of -way (all of such real property,
rights, and appurtenances being referred to in this Contract as the
"Property "), together with any improvements, fixtures, and personal
property situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of Four
Thousand, Two Hundred Five and 38/100 Dollars ($4,205.38.) The purchase
price is based on a price of $7.43 times the number of square feet of the
Property ( 566 square feet.)
Notwithstanding the foregoing, if the number of square feet is
adjusted up or down prior to the closing date due to redesign of SH 45
by the Texas Department of Transportation, the purchase price is to be
C: \wprDCS \ACITY \SH 4S \La?ronte ra \L,Fronte raMUlti- Family \N- tinal.wp� ela
increased or reduced by the product of $7.43 times the number of square
feet of the Property more or less than 566.
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the satisfaction of each
of the following conditions (any of which may be waived in whole or in
part by Purchaser at or prior to the closing).
Preliminary Title Commitment
3.02. Within thirty (30) days after the date hereof, Seller, at
Purchaser's sole cost and expense, shall have caused Austin Title Company
(the "Title Company ") of 101 E. Old Settlers Blvd., Suite 100, Round
Rock, Texas 78664, to issue a preliminary title report (the "Title
Commitment ") accompanied by copies of all recorded documents relating to
easements, rights -of -way, etc., affecting the Property. Purchaser shall
give Seller written notice on or before the expiration of twenty (20)
days after Purchaser receives the Title Commitment that the condition of
title as set forth in the title binder is or is not satisfactory, and in
the event Purchaser states that the condition is not satisfactory, Seller
shall promptly undertake to eliminate or modify all unacceptable matters
to the reasonable satisfaction of Purchaser. In the event Seller is
unable to do so within ten (10) days after receipt of written notice,
this Contract shall thereupon be null and void for all purposes and the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice shall
be deemed to be Purchaser's acceptance of the Title Commitment.
ARTICLE IV
CLOSING
The closing shall be held at the offices of Brown McCarroll Sheets
& Crossfield, 309 E. Main St, Round Rock, Texas, as set forth below, or
at such time, date, and place as Seller and Purchaser may agree upon
(which date is herein referred to as the "closing date ").
The parties hereto acknowledge that the Purchaser is applying for
a loan from the State Infrastructure Bank (SIB) to finance the purchase
2
of the Property. The SIB gave approval of the loan on July 27, 2000. Upon
final approval of the loan documents, it is anticipated that loan funds
will be available approximately thirty (30) days thereafter. The parties
hereto also acknowledge that in the event the SIB loan documents are not
approved, the Purchaser will need reasonable time to obtain traditional
municipal bond financing, which could take up to 90 days after the
process is begun. Therefore, the parties agree that the closing date will
be whenever the SIB loan funds are available to the Purchaser, or
whenever municipal bond funds are available to the Purchaser, or on
December 1, 2000, whichever first occurs.
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special
Warranty Deed conveying good and marketable title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
General real estate taxes for the year of closing
and subsequent years not yet due and payable;
Any exceptions approved by Purchaser pursuant to
Article III hereof; and
Any exceptions approved by Purchaser in writing.
The aforesaid Special Warranty Deed will include provisions that (1) it
is being delivered in lieu of condemnation, and (2) Seller has made no
representations or warranties concerning the Property and that Purchaser
is purchasing the Property AS IS.
(b) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by the Title Company, in
Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property subject
only to those title exceptions listed above, such other
exceptions as may be approved in writing by Purchaser, and the
standard printed exceptions contained in the usual form of
Texas Owner's Title Policy.
(c) Deliver to Purchaser possession of the Property.
3
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price.
Prorations
4.03 General real estate taxes for the then current year
relating to the Property, shall be prorated as of the closing date and
shall be adjusted in cash at the closing. If the closing shall occur
before the tax rate is fixed for the then current year, the apportionment
of taxes shall be upon the basis of the tax rate for the next preceding
year applied to the latest assessed valuation. All special taxes or
assessments to the closing date shall be paid by Seller. Purchaser will
bear the burden of paying any rollback taxes, if any, resulting from a
change of use of the Property.
Closing Costs
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the
terms and provisions of this Contract, Purchaser has delivered to the
Title Company, the sum of One Hundred Dollars ($100.00), the Escrow
Deposit, which shall be paid by the Title Company to Seller in the event
Purchaser breaches this Contract as provided in Article VIII hereof. At
the closing, the Escrow Deposit shall be paid over to Seller and applied
to the cash portion of the purchase price, provided, however, that in the
event the Purchaser shall have given written notice to the Title Company
that one or more of the conditions to its obligations set forth in
Article III have not been met, or, in the opinion of Purchaser, cannot
4
be satisfied, in the manner and as provided for in Article III, then the
Escrow Deposit shall be forthwith returned by the Title Company to
Purchaser.
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of
its obligations hereunder or shall fail to consummate the sale of the
Property for any reason, except Purchaser's default, Purchaser may, as
its sole and exclusive remedy, either: (1) enforce specific performance
of this Contract; or (2) request that the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the
Property, the conditions to Purchaser's obligations set forth in Article
III having been satisfied and Purchaser being in default and Seller not
being in default hereunder, Seller shall have the right to (1) bring suit
for damages against Purchaser; or (2) receive the Escrow Deposit from the
Title Company, the sum being agreed on as liquidated damages for the
failure of Purchaser to perform the duties, liabilities, and obligations
imposed upon it by the terms and provisions of this Contract, and Seller
agrees to accept and take this cash payment as its total damages and
relief and as Seller's sole remedy hereunder in such event.
ARTICLE IX
MISCELLANEOUS
Assignment of Contract
9.01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
Corporation.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not
be merged therein.
5
Notice
(c) Any notice required or permitted to be delivered hereunder shall
be deemed received when sent by United States mail, postage prepaid,
certified mail, return receipt requested, addressed to Seller or
Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
(d) This Contract shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Williamson County, Texas.
Parties Bound
(e) This Contract shall be binding upon and inure to the benefit
of the parties and their respective heirs, executors, administrators,
legal representatives, successors and assigns where permitted by this
Contract.
Legal Construction
(f) In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein.
Prior Agreements Superseded
(g) This Contract constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
Time of Essence
(h) Time is of the essence in this Contract.
Gender
(i) Words of any gender used in this Contract shall be held and
construed to include any other gender, and words in the singular number
shall be held to include the plural, and vice versa, unless the context
requires otherwise.
6
(j) Upon request
execute a memorandum of
(k) This Contract
by the City Council,
signature below.
Memorandum of Contract
of either party, both parties shall promptly
this Contract suitable for filing of record.
Effective Date
shall be effective as of the date it is approved
which date is indicated beneath the Mayor's
SELLER:
LA FRONTERA MULTI - FAMILY PARTNERS, LTD.
By: LF -GP, Inc.
By:
Martin J. Fei sident
Date: -�- // .0.
PURCHASER:
Date:
7
�f T
ert A. Stluka, Jr., Mayor
221 E. Main Street
Round Rock, Texas 78664
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT a Page 1 of Pages
Property Description for Parcel 79
EXHIBIT
I G
Being all that certain 0.013 of one acre (566 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract
conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 1, Block J of the La
Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 through 68 of the Williamson
County Plat Records (W.C.P.R.). Said 0.013 of one acre tract being more particularly described
by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
BEGINNING at a '/cinch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,130,976.99, Y= 10,149,013.39) set at 181.88 feet right of and perpendicular
to State Highway 45 (SH 45) Baseline Station 517 +66.30, being in the proposed southerly right -
of -way line of said SH 45, and being in the northerly line of said Lot 1;
1. THENCE, North 77 °45'55" East (N 80 °14'52" E), along the northerly line of said Lot 1, a
distance of 35.00 feet to a'4 -inch iron rod with TxDOT aluminum cap set for the beginning
of a non - tangent cut -back curve to the right;
2. THENCE, an arc distance of 27.92 feet continuing along the northerly line of said Lot 1 and
along said curve to the right, with a Radius of 15.00 feet, a Delta Angle of 106 °3923 ", a
Chord Bearing and Distance of South 48 °54'24" East, 24.06 feet (L= 27.92', R= 15.00',
Delta =106 °39'24 ", CH =South 46°25'26" East, 24.06) to a 1/2-inch iron rod with TxDOT
aluminum cap set for a point of compound curvature in the westerly right -of -way line of La
Frontera Boulevard (100 foot wide) as dedicated per plat of La Fontera Section IIIB
Subdivision recorded in Cabinet S, Slides 69 through 76 (W.C.P.R.) and being in the easterly
line of said Lot 1;
3. THENCE, an arc distance of 34.38 feet along the easterly line of said Lot 1, the westerly
right -of -way line of said La Frontera Boulevard and said curve to the right, with a Radius of
1,450.00 feet, a Delta Angle of O1 °21'31 ", a Chord Bearing and Distance of South 05 °06'03"
West, 34.38 feet to a '/z -inch iron rod with TxDOT aluminum cap set at 234.10 feet right of
and perpendicular to SH 45 Baseline Station 518 +05.28 and being in the proposed southerly
right -of -way line of said SH 45 and being the beginning of a curve to left;
Z: \417658\PA RCELS\FINALS\M& B's\PAR79.doc
JaS(Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 17, 2000
EXHIBIT A Page 2 of? Pages
4. THENCE, an arc distance of 76.17 feet, crossing said Lot 1 and along the proposed southerly
right -of -way line of SH 45 and along said curve to the left, with a Radius of 40.00 feet, a
Delta Angle of 109 °06'06 ", a Chord Bearing and Distance of North 49 °07'55" West, 65.17
feet to the POINT OF BEGINNING and containing a computed area of 0.013 of one acre
(566 square feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
q -17_cc'
Z:\4 17658 \PARCELS \FINA LS\M& B's \PAR79.doc
CURVE
DELTA
RADIUS
CHORD DIRECTION
CH000 LENGTH
ARC LENGTH
C1
1 106•]9'23' 1
I15. 04'
1 54O•54'24 E 1
1 24.06' 1
1 27. 9 2' 1
C2
01
1.450.00'
505
34.38'
34.38'
C3
109
40.00'
N49
65.11'
T6.17'
WHOLE PROPERTY
INSET
MOTE5:
NOT TO SCALE
PROPOSED R.O.W. S.H. 45
577
35/45 7 8382 ACRES .P.
DOC.N9848753
517+00
LOT 1. BLOCK J
11.751 ACRES
LA FRONTERA
SECTION IV
CABINET 5. SLIDES 66 -68
CURVE TABLE
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. NAO 83. CENTRAL ZONE AND ADJUSTED TO
SURFACE USING AN AOJUSTAENT FACTOR OF 1.00012.
2. THIS 5WRVEY WAS PERF0RME0 wITH0U1 THE BENEFIT OF A
COLWAITMENI FOR TITLE INSURANCE AND MAY NOT 1NCL110E
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
RECORD INFORMATION 5110711 ON THIS PLAT 15 BASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS H0T ABSTRACTED THIS TRACT.
3. 0.0.0.0.'1. INDICATES OFFICIAL RECORDS OF •ILLIAM50N COUNTY.
TEXAS
SCALE: 1' = 50'
OATE: APRIL 2000
DRAWN BY: JKB
CHECKED BY: WJM
4. 9.0.D.0. INDICATES 01LLIAM50N COUNTY DEED RECORDS
5. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS
6. THIS PLAT I5 ACCOMPANIED BY A SEPARATE METES AND BOuN05
DESCRIPTION.
T. THE PROPOSED BASELINE SHOWN NE R 15 PER A DESIGN
TIC FILE PROvIDE OLLIE AND BRADEN. INC.
JAY REGISTERED BEAR CANINE
T EG15TRE PROFESSIONAL 0. 45G SURVEYOR
TEXAS REGISTRATION NO- 4345
JACOB M. HARRELL
SURVEY, A -284
It S.N. 45
P.O.B. PARCEL '79
1= 3.130.976.99
y-10.149.013.39
B. STA. 511466.30
181.88' RT.
PROPOSED 8.0.
S.H. 45
Su LEGEND
= FOUND MOT BRASS DISK IN CONCRETE
❑ SET 1X007 BRASS DISK IN CONCRETE
Q SET 'n IRON 000 w /1X007 ALUM. CAP
• = FOUND "f IRON R00 UNLESS OTHERWISE NOTED
® F01IN0 4' X 4' CONCRETE MUNULENT
A = CALCULATED POINT
50 - PROPERTY LINE
B. = BASELINE
= UTILITY POLE
N77•36'07'E
20:00'
LA 200570RA SECTION IV
0.002 ACRE RIGHT -OF -WAY DEDICATION
CABINET 5. SLIDES 66 -68
5.11.45
PARCEL PLAT
FOR PARCEL 79
COUNTY: WILLIAMSON
GRANTOR:35 /45 INVESTORS. L.P.
I
I
ACREAGE
SUMMARY
150.01.1
WHOLE
PROPERTY
Ant.
0EMA1NDE0
RIGNT
511.514
566
511.308
09 SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 15121 899 -8282. FAX 15121 899 -9391
EMAIL: oustineSUfvcan.
JOB #: 417 -658
F.B. a: 50 45
CAD FILE: par79
DATE: August 25, 2000
SUBJECT: City Council Meeting — August 28, 2000
ITEM: 3.A.6. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with La Frontera Multi - Family Partners, Ltd.
for the acquisition of approximately 0.013 acres of property for
SH -45 right -of -way. Staff Resource Person: Jim Nuse, Public
Works Director.
ISSUED BY
lawyerssitle Insurance eporation
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
Dale 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 malerialmen's lien for labor or material having its inception on or before Date of Policy:
4. Lack of a right of access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, atiomeys' 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 authorized officer or agent of the Company.
Attest: di
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; CO the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) 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
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the and 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 prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior 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 i1 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 described in Schedule A because of
unmadetabikty of the title.
5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy,
by reason of the operation of federal bankruptcy, 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,
(ii) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable
subordination or
(iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer
results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the
failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Cover Page
Form 1178 -22
N\
E 1NSUR��,�, ril
fa p��++ ii o1r
f;i,sEAL;U By '
Secretary '' \ 1925 it
4444 n ,,, •
rrt lH K'MpeMQ �'
EXCLUSIONS FROM COVERAGE
ORIGINAL
OWNER'S POLICY OF TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION
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 Inc 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, distributees, 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
(ii) the partnership successors in interest to a general or limited
partnership which dissolves but does not terminate;
(iii) the successors in interest to a general or limited partnership resulting
from the distribution of the assets of the general or limited partnership upon partial or
complete liquidation;
(iv) the successors in interest to a joint venture resulting from the
distribution of the assets of the joint venture upon partial or complete liquidation;
(v) the successor or substitute trustee(s) of a trustee named in a written
trust instrument; or
(vi) the successors in interest to a trustee or trust resulting from the
distribution of all or part of 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 described or referred to in Schedule A, and improvements
affixed thereto that by law constitute real property. The term "land' does not include any
property beyond the lines of the area described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(e) "mortgage ". mortgage, deed of trust, trust deed, or other security 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)(iv) 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 right of access 10 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
an insured only so long as the insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage given by a purchaser from the
insured, or only so long as the insured shall have liability by reason of covenants of
warranty made by the insured in any transfer or conveyance of the estate or interest.
This policy shall not continue in force in favor of any purchaser from the insured of either
(i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an insured
hereunder of any claim of 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. 3 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
notify the Company shall in no case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
When, after the date of the policy, the insured notifies the Company as required
herein 01 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 trout the
coverage of this policy, the Company shall promptly investigate the charge to determine
whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or
statute The Company shall notify the insured in writing, within a reasonable time, of its
determination as to the validity or invalidity of the insured's claim or charge under the
policy. If the Company concludes that Inc lien, encumbrance, adverse claim or detect is
not covered by this policy, or was otherwise addressed in the closing of the transaction
in connection with which this policy was issued, the Company shall specifically advise
the insured of the reasons for its determination. If the Company concludes that the lien,
encumbrance, adverse claim or detect is valid, the Company shall take one of the
following actions: (1) institute the necessary proceedings to clear the lien, encumbrance,
adverse claim or defect from the title to the estate as insured; (9) indemnify the insured
as provided in this policy; (iii) upon payment of appropriate premium and charges
therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of
the estate or interest in the 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; (0) secure a release or other document discharging the lien,
encumbrance, adverse claim or defect; or NO undertake a combination of (1) through (0)
herein,
CONDITIONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT
TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained In
Section 6 of these Conditions and Stipulations, the Company, at 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 staled causes of action alleging a defect, lien or encumbrance or other
matter insured against by this policy. The Company shall have the right 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 of 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 appropriate action
under the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. 11 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 Inc provisions of this policy. the Company may
pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from any adverse judgment
or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense 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 Company's
expense, shall give the company all reasonable aid (i) in any action or proceeding,
securing evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) 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 01 the insured to furnish
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 alter the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 91 days
after the insured shall ascertain the facts giving rise to the loss or damage. The proof of
loss or damage shall describe the defect in, or lien or encumbrance on the title, or other
matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of the insured claimant to provide
the required proof of loss or damage, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such proof of loss
or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a dale
before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the insured claimant shall
grant its permission, in writing, for any 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
Toss or damage. All information designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the 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 tender payment of the amount of insurance under this policy,
together with any costs, attorneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated to pay.
Upon the 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.
continued on next page of cover shoe!
0211502 L 491 $ * * * ** *4,205.38 $ * ** *270.00 1000
CASE NUMBER
2000 RR 211502 -E (215) /cu
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Schedule A
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
1/18/2001 2:45PM $ 4,205.38 0211502
SCHEDULE A
1. Name of Insured:
CITY OF ROUND ROCK, A TEXAS HOME RULE CITY
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK, A TEXAS HOME RULE CITY
4. The land referred to in this policy is described as follows:
0.013 ACRES MORE OR LESS, OUT OF THE JACOB M. HARRELL SURVEY A -284
WI RY, ?EXA AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
Countersigned By:
AUSTIN TITLE COMPANY
J
Authorizes countersignature
Valid Only If Schedule B
And Cover Page Are Attached
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBITgPage 1 of Pages
Property Description for Parcel 79
Being all that certain 0.013 of one acre (566 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract
conveyed to 35145 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 1, Block J of the La
Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 through 68 of the Williamson
County Plat Records (W.C.P.R.). Said 0.013 of one acre tract being more particularly described
by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
BEGINNING at a %a -inch iron rod with Texas Department of Transportation ( TxDOT)
aluminum cap (X= 3,130,976.99, Y= 10,149,01339) set at 181.88 feet right of and perpendicular
to State Highway 45 (SH 45) Baseline Station 517 +66.30, being in the proposed southerly right -
of-way line of said SH 45, and being in the northerly line of said Lot 1;
1. THENCE, North 77°45'55" East (N 80 °14'52" E), along the northerly line of said Lot 1, a
distance of 35.00 feet to a %-inch iron rod with TxDOT aluminum cap set for the beginning
of a non - tangent cut -back curve to the right
2. THENCE, an arc distance of 27.92 feet continuing along the northerly line of said Lot 1 and
along said curve to the right, with a Radius of 15.00 feet, a Delta Angle of 106 °39'23 ", a
Chord Bearing and Distance of South 48 °5474" East, 24.06 feet (L7.92', R =15.00',
Delta= 106 °39'24', CH=South 46°2576" East, 24.06') to a 'cinch iron rod with TxDOT
aluminum cap set for a point of compound curvature in the westerly right -of -way line of La
Frantera Boulevard (100 foot wide) as dedicated per plat of La Fontera Section 111B
Subdivision recorded in Cabinet S, Slides 69 through 76 (W.C.P.R.) and being in the easterly
line of said Lot 1;
3. THENCE, an arc distance of 34.38 feet along the easterly line of said Lot 1, the westerly
right-of-way line of said La Frontera Boulevard and said curve to the right, with a Radius of
1,450.00 feet, a Delta Angle of 01 ", a Chord Bearing and Distance of South 05 °06'03"
West, 34.38 feet to a `S -inch iron rod with TxDOT aluminum cap set at 234.10 feet right of
and perpendicular to SH 45 Baseline Station 518 +05.28 and being in the proposed southerly
right -of -way line of said SH 45 and being the beginning of a curve to left;
Z:M 176581PARCELS IFCNALS\M&B's1PAR79.doc
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 17, 2000
EXHIBIT Ayage 2 of? Pages
4. THENCE, an arc distance of 76.17 feet, crossing said Lot 1 and along the proposed southerly
right -of -way line of SH 45 and along said curve to the left, with a Radius of 40.00 feet, a
Delta Angle of 109 °06'06 ", a Chord Bearing and Distance of North 49'07'55" West, 65.17
feet to the POINT OF BEGINNING and containing a computed area of 0.013 of one acre
(566 square feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
fa ils in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
17 - ao
FILE !!fY VI "fit)
OFFICIAL PUBLIC RECORDS
01- 18- 200ERS02 P0 2001004124
0
NANCY E. COUNTY 'COUNTY
7.:14176 SR1PA RCELSIFINAT R•.\p e 0'70 ,I...
CASE NUMBER
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF
POLICY
POLICY NUMBER
2000 RR 211502 -E (215) /cu 1/18/2001 0211502
SCHEDULE B
This policy does not insure against loss or damage (and the Company will
not pay costs, attorney's fees or expenses1 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 covenant$ of record itemized below (the Company
must either insert specific recording data or delete this exception):
DOCUMENT #9923405 OFFICIAL RECORDS, DOCUMENT #2000005167, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS.
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
b. t erennial rivers and streams lakes, bays, gulfs or oceans, or
o 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 roperty 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.):
RIGHTS OF TENANTS IN POSSESSION AS TENANTS ONLY UNDER ANY AND ALL
UNRECORDED LEASE AND/OR RENTAL EVIDENCED EDIN INSTRUMENT R I D TO
RECORDED
DOCUMENT #9845753 AND DOCUMENT #9848755, OFFICIAL RECORDS, WILLIAMSON
COUNTY, TEXAS.
7. THIS PROPERTY IS LOCATED WITHIN BRUSHY CREEK WATER CONTROL AND IMPROVEMENT
DISTRICT #1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH A
DISTRICT.
8. ANY VISIBLE AND /OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT
( CONT. ON SCH. B, PAGE 2 )
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DPTTEICY POLICY NUMBER
2000 RR 211502 -E (215) /cu 1/18/2001 0211502
SCHEDULE B
PROPERTY, THE EXISTENCE OF WHICH DOES NOT APPEAR OF RECORD.
9. ORDINANCE ADOPTING THE LA FRONTERA WEST PUD N0. 39 RECORDED AS DOCUMENT
#9923405, OPFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
10. MRS. C A. JULY 1936, VOLUME GRANTED 282, PAGE 368, DEED LRECORDS, COMPANY BY
DISTR BUT ONO COUNTY, TOGETHER WITH ALL RIIGHTSERECITEDRTHEREIN) AND/OR
11. BY AN ERNESTPA .DANDERSONUAND4WIFE36MRS. TO TEXAS LIGHT COMPANY
282 PAGE 374 DEED RECORDS WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR
ELEITRICTTRRANNSMISSION AND /0R DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS
12. AN EASEMENT DATED SEPTEMBER 18 1939 GRANTED TO TEXAS POWER & LIGHT
COMPANY BY ERNEST R. ANDERSON AND AND RS. NANCY ANDERSON RECORDED IN
VOLUME 300 PAGE 403 DEED RECORDS WILLIAMSON COUNTY TEXAS (EASEMENT
FORHELECTRICHTRANSMISSION AND /OR DISTRIBUTION LINE, TOGETHER WITH ALL
13. AN EASEMENT DATED MAY 30, 1951 GRANTED TO TEXAS POWER & LIGHT COMPANY BY
ESTATE OF C.A. ANDERSON DECEASED, RECORDED IN VOLUME 372 PAGE 63 DEED
AND A /OR S DISTRIBUTION COUNTY, INE, YTOGETHER WITH THHEREIN�
14. E PNDERSON E.R. ANDERSON, RECORDED
TARANSMISSION DEED AND /OR TOGETHER WITH ALLERIGH FOR
TS RECITED
THEREIN)
15. KOURI E IN A VOLUME 7 S 50 PAGE GRANTED 9, DEED T RECORDS OCORRECTED PNDBY T
RE- RECORDED AS DOCUMENT #9845176 AND DOCUMENT #9846345 OFFICIAL RECORDS,
WILLIAMSON COUNTY TEXAS. (EASEMENT FOR PUBLIC UTILITIES, TOGETHER WITH
ALL RIGHTS RECITED THEREIN)
16. TOM , RECORDED SEPTEMBER GRANTED 05, CITY OF ROUND
WILLIAMSON
COUNT TEXAS. (EASEMENT FOR PUBLIC UTILITIES, TOGETHER WITH ALL RIGHTS
17. LP, A TEXAS LIMITED PARTNERSHIP APRIL 9BYGRANTED INVESTORS, L.P., A TEXAS VENTURES,
( CONT. ON SCH. B, PAGE 3 )
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only I£ Schedule A
Schedule B And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER E INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2000 RR 211502 -E (215) /cu 1 /18 /2001 0211502
SCHEDULE Bgg
COUNTY, TEXAS. A(SASEMEN DOCUMENT
(EASEMENT FOR ACCESS9 TOGETHERW OFFICIAL
THALL W
RIGHTS RECITED
D
THEREIN)
18. APPROPRIATE _STATE WA IN 19855,, THAT CERTAIN IN 2, PAGE
49, WATER RECORDS, WILLIAMSON COUNTY, TEXAS.
19. PROVISIONS G CO1 ( _ TAI NED RECORDED ALL OCUMENT AND
#2000005167, 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
SCAtirTEt1 #
,_ "I
ire
(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' 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;
or
(ii) 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)(i) or (0), the Company's obligations to the insured under this policy for
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 is a contract of indemnify 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 me least of:
(i) the Amount of Insurance stated in Schedule A;
(11) 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, lien or
encumbrance insured against by this policy at the date the insured claimant is required
to furnish to Company a proof of loss or damage in accordance with Section 5 of these
Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than BO 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:
(i) 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 01
insurance al Date of Policy bears 0 the total value of the insured estate or interest al
Date of Policy; or
(ii) 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 stated 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 0 costs, attorneys' lees 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.
8. APPORTIONMENT.
If the land described in Schedule A consists or two or more parcels That are not
being used as a single site, and a bus is established affecting one or more of the
parcels but not all, the loss shall be computed and settled on a pro rata basis as it the
amount of insurance under this policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent 0 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 o1 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 in accordance with Section 3 or Section 6, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom, i1 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
Company's consent, the Company shall have no liability 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 0 settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' tees
and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
11 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, 0 which case proof of loss or
destruction shall be furnished to me satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed 0
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right or Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
that the insured claimant would have had against any person or property in respect to
the claim had this policy not been issued. If requested by the Company, the insured
claimant shall transfer to the Company all rights and remedies against any person or
properly necessary in order to perfect this right of subrogation. The insured claimant
shall permit the Company 0 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.
11 loss should result from any act of the insured claimant, as stated above, that act
shall 001 void this policy, but the Company, in that event, shall be required to pay only
that part of any losses Insured against by this policy that shall exceed the amount, if
any, lost to the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company Rights Against Non - Insured Obligors_
The Company's right of subrogation against non - insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities, guaranties, other
policies of insurance or bonds, notwithstanding any terms or conditions contained in
those instruments that provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by
specific provision in Schedule B of this policy, either the company or the insured may
demand arbitration pursuant to the Title 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 arising 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 01,000,000 or less SHALL BE arbitrated at the request of either the
Company or the Insured, unless the Insured is an individual person (as distinguished
Irom a corporation, trust, partnership, association or other legal entity). All arbitrable
matters when the Amount of Insurance is in excess of 01,000,000 shall be arbitrated
only when agreed to by both the Company and the Insured. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon the
parties. The award may include attorneys' fees only if the laws of the stare in which the
land is located permit a court to award attorneys' lees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the sites of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained Irom the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim 01 loss or damage, whether or not based on negligence, and
which arises 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
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain in 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 1o: 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. 11 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 B11- -O019'#8b.
Juyers]Jt
Insurance Crporatiorr
TEXAS OWNER
POLICY OF
TITLE INSURANCE
ISSUED BY
[ yeistdejnsmanceIGporation
HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235 -5153
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
au yens itle
Insurance Crporation
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1-800-442-7067
268613 v2: V E ALB9139629:11 2000
SPECIAL WARRANTY DEED
v�7 THE STATE OF TEXAS §
�t §
COUNTY OF WILLIAMSON §
ri
The undersigned, LA FRONTERA MULTI- FAMILY PARTNERS, LTD., a Texas
0
O
ri limited partnership (hereinafter called "Grantor"), for and in consideration of the sum of Ten and
0
O No/ 100 Dollars ($10.00) cash and other good and valuable considerations in hand paid by CITY OF
C'•J
ROUND ROCK, a Texas Home Rule City (hereinafter called "Grantee), receipt of which
consideration is hereby acknowledged and confessed, and in lieu of condemnation, has GRANTED,
BARGAINED, SOLD, and CONVEYED and by these presents does GRANT, BARGAIN, SELL
and CONVEY unto the said Grantee all that certain tract of land more particularly described on
EXHIBIT "A" attached hereto and incorporated herein by reference, together with all im-
provements thereon, lying and being situated in the County of Williamson, State of Texas; the
above - described land and improvements thereon are hereinafter collectively called the "Property."
This deed is made by Grantor and accepted by Grantee subject to any and all restrictions,
reservations, covenants, conditions, rights -of -way, easements, and all outstanding mineral and
royalty interests, if any, now of record in the Office of the County Clerk of Williamson County,
Texas, affecting the Property, to the extent that the same are valid and subsisting, and subject to all
matters reflected on Survey of the Property dated April 17, 2000, prepared by lay Dean Canine,
RPLS #4345, of Survcon Inc., and further subject to that certain Possession and Use Agreement for
Transportation Purposes by and between Grantor and Grantee dated as of August 28, 2000.
!d
TO HAVE AND TO HOLD the Property, subject to the matters set forth herein, together
with, all and singular, the rights and appurtenances thereto in anywise belonging, unto the said
Grantee, and Grantee's successors and assigns, forever; and Grantor does hereby bind Grantor, and
Grantor's successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the said
Property unto the said Grantee, and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under the
Grantor, but not otherwise.
BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES AND AGREES
THAT EXCEPT FOR THE WARRANTY OF TITLE SET FORTH ABOVE, GRANTOR
HAS MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE
PROPERTY AND THE SUBJECT PROPERTY IS CONVEYED "AS IS."
All ad valorem taxes and assessments for the Property from and after the effective date of
this Deed are hereby expressly assumed by Grantee. Grantee will also pay any rollback taxes, if any,
on the Property resulting from a change of use of the Property from and after the effective date of
this Deed.
269013v2: VEALBB139a29: 1 120 00
-2-
of Novembee2000.
EXECUTED this the a 20 1k day of 7/cue r 2000, to be effective as of the 16 day
Grantees Address:
221 E. Main
Round Rock, TX 78664
After Recording Return to
D ..2_ Austin Title Company
101 E. Old Settlers Blvd 8100
Round Rock, TX 78664
268013v2 VE.AIAm39829:11 2000
LA FRONTERA MULTI -FAMILY PARTNERS,
LTD., a Texas limited partnership
By: LF -GP, INC., a Texas corporation,
Its General Partner
-3-
By:
Name:
Title: 'Pr es; ofert
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the AO day of /1111.4J1/1" , 2000,
by Martin J. Fein, President ofLF -GP, Inc., a Texas corporation, general partner of LA FRONTERA
MULTI- FAMILY PARTNERS, LTD., a Texas limited partnership, on behalf of said corporation
and said partnership.
[SEAL]
2680 Uv2:VEA LDBU9829: t 120 00
M ary Public in and for
The State of Texas
Printed Name of Notary
My Commission Expires:
-4-
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT ..Page I of? Pages
Property Description for Parcel 79
Being all that certain 0.013 of one acre (566 square feet) tract of land situated in the Jacob M.
Harrell Survey A -284, Williamson County, Texas, and being out of a called 227.8382 acre tract
conveyed to 35/45 INVESTORS, L.P., recorded in Document No. 9848753 of the Official
Records of Williamson County, Texas (O.R.W.C.T.) and being out of Lot 1, Block J of the La
Frontera Section IV Subdivision, recorded in Cabinet S, Slides 66 through 68 of the Williamson
County Plat Records ( W.C.P.R.). Said 0.013 of one acre tract being more particularly described
by metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
BEGINNING at a 4 -inch iron rod with Texas Department of Transportation (TxDOT)
aluminum cap (X= 3,130,976.99, Y= 10,149,013.39) set at 181.88 feet right of and perpendicular
to State Highway 45 (SH 45) Baseline Station 517 +66.30, being in the proposed southerly right -
of -way line of said SE 45, and being in the northerly line of said Lot 1;
1. THENCE, North 77 °45'55" East (N 80 °14'52" E), along the northerly line of said Lot 1, a
distance of 35.00 feet to a % -inch iron rod with TxDOT aluminum cap set for the beginning
of a non-tangent cut-back curve to the right,
2. THENCE, an arc distance of 27.92 feet continuing along the northerly line of said Lot 1 and
along said curve to the right, with a Radius of 15.00 feet, a Delta Angle of 106 °39'23 ", a
Chord Bearing and Distance of South 48 °5424" East, 24.06 feet (L7.92', R =15.00',
Delta= 106 °39'24', CH =South 46°25'26" East, 24.06') to a 1/2-inch iron rod with TxDOT
aluminum cap set for a point of compound curvature in the westerly right -of -way line of La
Frontera Boulevard (100 foot wide) as dedicated per plat of La Fontera Section BIB
Subdivision recorded in Cabinet S, Slides 69 through 76 (W.C.P.R.) and being in the easterly
line of said Lot 1;
3. THENCE, an arc distance of 34.38 feet along the easterly line of said Lot 1, the westerly
right -of -way line of said La Frontera Boulevard and said curve to the right, with a Radius of
1,450.00 feet, a Delta Angle of 01 °21'31 ", a Chord Bearing and Distance of South 05 °06'03"
West, 34.38 feet to a' F, -inch iron rod with TxDOT aluminum cap set at 234.10 feet right of
and perpendicular to SH 45 Baseline Station 518 +05.28 and being in the proposed southerly
right -of -way line of said SH 45 and being the beginning of a curve to left;
Z:\4 176581PA RCELSIFINALS\Mdt B's1PAR79.doc
Ia Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
April 17, 2000
EXHIBIT jags 2 of Pages
4. THENCE, an arc distance of 76.17 feet, crossing said Lot 1 and along the proposed southerly
right -of -way line of SH 45 and along said curve to the left, with a Radius of 40.00 feet, a
Delta Angle of 109 °0006 ", a Chord Bearing and Distance of North 49 °07'55" West, 65.17
feet to the POINT OF BEGINNING and containing a computed area of 0.0I3 of one acre
(566 square feet) of land, more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
s/ -11- a°
TILE �} I ERE
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T ILtii %) REC R E
OFFICIAL PUBLIC RECORDS
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01-18-20A-'02:45 AD PM 2001004124
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NANCY LLIAMSONECOT ,COUNTY RI
TEXAS
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