R-00-10-26-13G6 - 10/26/2000RESOLUTION NO. R- 00- 10- 26 -13G6
WHEREAS, the City desires to purchase two tracts of land
containing approximately 0.322 acres for right -of -way for SH -45, and
WHEREAS, AmerUs Life Insurance Company, 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 AmerUs Life Insurance
Company 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 26th day of October, 2000.
ATTEST :
NE LAND, City Secretary
K : \WPDOCS \RESOIUTI \R01036G6.WPW.
Zaiytzu
RO dT A. STLUKA, JR,, Mayor
City of Round Rock, Texas
State of Texas
County of Williamson
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between AmerUs
Life Insurance Company, an Iowa corporation (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 two parcels of land containing
approximately 0.322 acres of land (14,026 square feet) situated in
Williamson County, Texas, being more particularly described as follows:
1) Parcel #100: 0.254 acre tract, (11,064 square feet) as
more particularly described in Exhibit A, attached hereto and
incorporated herein; and
2) Parcel #101: 0.068 acre tract, (2,962 square feet) as more
particularly described in Exhibit B, 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.
C, \WP"OCS \ACITY \SN 45 \Amerusl, a \K- 09- 15.wpdfsls
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of
Ninety -three Thousand, Nine Hundred seventy -four and no /100 Dollars
($93,974.00.)
1
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the satisfaction of each
of the following conditions (any of which may be waived in whole or in
part by Purchaser at or prior to the closing).
Preliminary Title Commitment
3.02. Within thirty (30) days after the date hereof, Seller, at
Seller's sole cost and expense, shall have caused 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 Austin Title Company,
101 E. Old Settlers Blvd., 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 ").
Seller's Obligations
4.01. At the closing Seller shall:
2
(a) Deliver to Purchaser a duly executed and acknowledged General
Warranty Deed conveying good and marketable title in fee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for the
following:
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.
(b) Deliver to Purchaser a Texas Owner's Title Policy at Seller'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.
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:
3
Owner's Title Policy paid by Seller;
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 Thousand Dollars ($1,000.00), 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
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
4
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.
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.
5
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.
Memorandum of Contract
(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
Effective Date
(k) This Contract shall be effective as of the date it is approved
by the City Council, which date is indicated beneath the Mayor's
signature below.
SELLER:
AMERUS LIFE INSURANCE COMPANY
By: ! , 4 `7,..e A-- 1
Jams A Smsl 1 an}rrgar , its Pi nr vi c wF
Date: October 16, 2000
6
PURCHASER:
CI OF RO RO K, TEXAS Al
A. S uka,
221 E. Main Street
Round Rock, Texas 78664
Date: /D ,0
7
Mayor
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT A Page 1 of 2 - Pages
Property Description for Parcel 100
Being a 0.254 of one acre tract (11,064 square feet) of land situated in the Jacob M. Harrell
Survey A -284, Williamson County, Texas being a portion of the remainder of a called 40.00 acre
tract of land, as conveyed by Tom Kouri and wife, Helen Kouri to LARTNEC INVESTMENT
CO., recorded in Volume 824, Page 572 of the Williamson County Deed Records (W.C.D.R.).
Said 0.254 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 5/8 -inch iron rod (X = 3,133,521.54, Y = 10,149,753.85) at 208.76 feet left of
and perpendicular to State Highway 45 Baseline Station 543 +95.67 in the south line of Lot 1,
TOWN AND COUNTRY MALL SUBDIVISION as recorded in Cabinet L, Slide 57 of the
Williamson County Plat Records (W.C.P.R.), being the most northerly northwest comer of the
herein described tract and the most northerly northeast corner of a called 2.2540 acre tract of
land conveyed to the State of Texas (Parcel 3), recorded in Volume 1656, Page 810 O.R.W.C.T.,
from which a 5/8 -inch iron rod found for the northwest comer of said 40.00 acre tract and the
northwest comer of a called 14.625 acre tract of land conveyed to DDR DB Development
Ventures, LP, a Texas limited partnership, in Document No. 9844186 O.R.W.C.T. bears North
55 °02'11" West, 1,269.59 feet;
1. THENCE, North 84 °26'59" East, along the said south line of Lot 1, TOWN AND
COUNTRY MALL SUBDIVISION, a distance of 59.90 feet to a point for the most northerly
northwest comer of a called 7.1610 acre tract of land conveyed to State of Texas (Parcel 2),
recorded in Volume 1656, Page 810 O.R.W.C.T.;
THENCE, departing the south line of said Lot 1, TOWN AND COUNTRY MALL
SUBDIVISION, along the west line of said 7.1610 acre tract of land conveyed to State of Texas
(Parcel 2), and the east line of the herein described tract, the following two courses;
2. South 39 °18'35" West, a distance of 14.06 feet to a point for an interior corner of herein
described tract;
3. South 05 °33'01" East, a distance of 264.88 feet to a point for the southwest comer of said
7.1610 acre tract of land conveyed to State of Texas (Parcel 2) and being in the existing north
right -of -way line of F.M. 1325 (120 feet wide), as stated on the TxDOT Right -of -Way Map
(Travis & Williamson Counties F.M. 1325 December 1950);
EXHIBIT
A
417658 \parcels \doc \PAR 100.doc
4. THENCE, South 84 °26'58" West (S 86 °55' W), along said existing north right -of -way line of
F.M. 1325, a distance of 39.97 feet to a point for the southeast corner of said 2.2540 acre
tract of land conveyed to the State of Texas (Parcel 3) and being the southwest corner of the
herein described tract;
THENCE, departing the said north right -of -way line of F.M. 1325, along the east line of said
2.2540 acre tract of land conveyed to State of Texas (Parcel 3), the following two courses;
5. North 05 °33'01" West , a distance of 264.87 feet to a point for an interior corner of herein
described tract;
6. North 50 °39'47" West, a distance of 14.13 feet to the POINT OF BEGINNING and
containing a computed area of 0.254 of one acre (11,064 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.
Jay 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
�;XHIBIT A Page Z of 2 Pages
4176581parcels \ l 00. doc
PAR100CLOSURE.TXT
Z: \417658\ PARCELS \FINALS \CLOSURES \CLOSE -100
13:09:23 04/17/00
.: 1
Lot : Z: \417658\ PARCELS \FINALS \Closures \100.clo
Job Description:
From PNT Bearing Distance Northing Easting To Pnt
1 N84 ° 26'59 "E 59.90 0.000 0.000 2
2 539 ° 18'35 "W 14.06 5.793 59.619 3
3 S05 ° 33'01 "E 264.88 -5.085 50.712 4
4 884 ° 26'58 "W 39.97 - 268.723 76.331 5
5 N05 ° 33'01 "W 264.87 - 272.589 36.548 6
6 N50 ° 39'47 "W 14.13 -8.961 10.930 7
Square Feet 11085.0 Acres 0.254
Square Metres: 1029.83 Hectares 0.103
TOTAL Traverse Distance : 657.81
TOTAL Traverse Perimeter: 657.81
TOTAL Traverse Stations : 7
CLOSURE Direction : N21 ° 35'05 "W
CLOSURE Distance 0.00
ERROR of Closure 1:136102
Frontage: 657.810000.
Page 1
Page No
SURV LEGEND
▪ - FOUND 1100T BRASS DISK IN CONCRETE
❑ SET TX22T BRASS DISK IN CONCRETE
O = SET 1 ' IRON ROD W /7X001 ALUM. CAP
• - FOUND 1, 2 IRON ROO UNLESS OTHERWISE NOTED
® = FOUND 4 w 4' CONCRETE MONUMENT
▪ CALCULATED POINT NW CORNER
CALLED
40.00 ACRE
TRACT
024/572
• = PROPERTY LINE
kk$� = BASELINE
UTILITY POLE
P.O.B. PARCEL 1
% =3.133.521.51
Y- 10.149.753.85
@ STA. 543
LT. 208.76'
DDR O8 DEVELOPMENT VENTURES.
LP. A TEXAS LIMITED PARTNERSHIP
CALLED 14.625 ACRES
DOC. 49844186
O.R. W. C.T.
LOT 1
TOWN AND COUNTRY
FOUND 7 ," I . MALL SUB.
CAB. L. SL. 57
W.C.P.R.
CONVEYED TO
0R511- 291001. INC.
CALLED 13.337 ACRES
TRACTS 1 AND 2
2427/328
r.
JACOB M. HARRELL
SURVEY, A-284
0 �4.
NOTES:
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE
COORDINATE A USING S AN CENTRAL ACTOR OF 1.00012 DUSTED TO
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF
COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
RECORD INFORMATION SHOWN ON THIS PLAT 15 BASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT.
3 DESCRIPTIONS ACCOMPANIED BY A SEPARATE METES AND BOUNDS
4. THE BASELINE SHOWN HEREON I5 PER A DESIGN SCHEMATIC FILE
PROVIDED BY TURNER. COLLIE AND BRADEN. INC.
5. 0.6.6.0.1. IN0ICATES OFFICIAL RECORDS OF wILL)AM50N
COUNTY, TE %AS.
6. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT REC0805.
OICATE LIA450 LINTY DEED RECORDS.
DATE: l- /7.474'
JAY SEAN CANINE
R' PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. EIS
FOUND S' 1.R. \
N50 \ \
14.13' \ \
1549 7
14.14'1 \
LARTNEC INVESTMENT CO. 7
REMAINDER OF
CALLED 40.00 ACRES
STATE OF TEXAS 824/572
CALLED 2.2540 ACRES W.C.D.R.
PARCEL 3 `" "I
1656/810
t 5.H.45 zn
1586'55'WI
.'5 4'26'58 W'.
.... .. 39.97' ..'_._
ACREAGE
SUMMARY
150.77.1
WHOLE
PROPERTY
AREA
ACOUIRED
REMAINDER
LEFT
111.0611
111.0641
0
539•16'35
14.06'
(840
14,11'1
545400
F.M. 325 120' WIDE)
TXDOT IGHT -OF -WAY MAP
(TRAVIS 8 WILLIAMSON COUNTIES
F.M. HIGHWAY N0. 1325
DECEMBER 1950)
i E. SSE c5
LOT 2
TOWN AND COUNTRY
MALL SUB.
CAB. L. SL. 57
W
DEDICATED TO
C FOR OF IGHTT -OR ROCK
PER PLAT
STATE OF TEXAS
CALLED 7.161D ACRES
PARCEL 2
NT 1656/810
EXISTING 8,0.w.
STATE OF TEXAS
CALLED 7.1610 ACRES
PARCEL 2
1656/810
I
I
S.H.45
PARCEL PLAT
FOR PARCEL 100
COUNTY: WILLIAMSON
GRANTOR: LARTNEC INVESTMENT CO.
WHOLE PROPERTY
INSET
007 TO SCALE
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (5121 899 -9390
EMAIL: ousiin8survcon.com
SCALE: I" = 100' JOB #: 417 -658
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJ
F.B. HWY 45
CAD FILE: S45PAR -100
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT Page 1 of_"_Pages
Property Description for Parcel 101
Being a 0.068 of one acre tract (2,962 square feet) of land situated in the Jacob M. Harrell
Survey A -284, Williamson County, Texas being a portion of the remainder of a called 40.00 acre
tract of land, as conveyed by Tom Kouri and wife, Helen Kouri to LARTNEC INVESTMENT
CO., recorded in Volume 824, Page 572 of the Williamson County Deed Records (W.C.D.R.).
Said 0.068 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 Texas Department of Transportation (TxDOT) brass disk in concrete (X =
3,134,112.10, Y = 10,150,279.40) set in the proposed northerly right -of -way line of State
Highway 45 at 680.49 feet left of and perpendicular to State Highway 45 Baseline Station
550 +31.92, for the southwest comer of a called 0.0811 acre tract of land conveyed to the State of
Texas (Parcel 1), recorded in Volume 1656, Page 810 of the Official Records of Williamson
County, Texas ( O.R.W.C.T)., the southeast comer of Block A, Lot 1A, Amending Plat of Lot 2
and Lot 3 of the Resubdivision of Lot 1, Block A, Corners North, recorded in Cabinet L, Slide
217 of the Williamson County Plat Records (W.C.P.R.) for the northwest corner of herein
described tract, from which a 1/2 -inch iron rod found bears North 20 °37'54" East, 0.26 feet.
From said POINT OF BEGINNING, a 5/8 -inch iron rod found for the northwest comer of said
40.00 acre tract and the northwest corner of a called 14.625 acre tract conveyed to DDR DB
Development Ventures, LP in Document No. 9844186 O.R.W.C.T. bears North 82 °56'24" West,
1,643.47 feet;
1. THENCE, North 84 °26'11" East, along the line common to said 0.0811 acre tract of land
conveyed to the State of Texas (Parcel 1) and the herein described tract, a distance of 59.89
feet to a point for the southeast comer of said 0.0811 acre tract of land conveyed to the State
of Texas (Parcel 1) and the northeast comer of the herein described tract and being in the
existing westerly right -of -way line of Interstate Highway 35 (width varies) as depicted on the
Texas Department of Highway Right -of -Way Map Williamson County, Project No. 135-
3(3)251 dated July 1957;
2. THENCE, South 16 °39'42" East (S 14 °06' E), along the line common to the easterly line of
said 40.00 acre tract and said westerly right -of -way line Interstate Highway 35, a distance of
40.47 feet to a point for the northeast corner of a called 7.1610 acre tract of land conveyed to
the State of Texas (Parcel 2), recorded in Volume 1656, Page 810 O.R.W.C.T. and the
southeast comer of herein described tract;
EXHIBIT
417658 \parcels \doc \PAR I o 1.doc
EXHTBIT Page 2 of ___Pages
3. THENCE, South 84 °26'11" West, along the north line of said 7.1610 acre tract of land
conveyed to the State of Texas (Parcel 2) and the south line of the herein described tract, a
distance of 89.89 feet to a TxDOT brass disk in concrete set in the proposed northerly right -
of -way line of State Highway 45 at 640.62 feet left of and perpendicular to State Highway 45
Baseline Station 550 +08.79 for the southwest corner of the herein described tract;
4. THENCE, North 23 °39'33" East, along said proposed northerly right -of -way line of State
Highway 45, a distance of 45.50 feet to the POINT OF BEGINNING and containing a
computed area of 0.068 acre (2,962 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.
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899 -8282
July 25, 2000
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
417658 \ parcels Woe \PAR101.doc
SURVEY LEGEND
FOUND 7700T BRASS DISK 18 CONCRETE
❑ - SET TX00T BRASS DISK IN CONCRETE
SET '.{ IRON ROD W /TXDOT ALUM. CAP
FOUND i.i IRON ROD UNLESS OTHERWISE NOTED
FOUND 4' x 4' CONCRETE LONUIENT
CALCULATED POINT
PROPERTY LINE ACREAGE
SUMMARY
BASELINE 150.FT.1
UTILITY POLE
JACOB M. HARRELL
SURVEY, A -284
RE8(5TERE• PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 4345
NWT 9
CAL
40.00 ACRE TRACT
824/572
880.E
PROPERTY
AREA
ACQUIRED
REMAINDER
LEFT
(11.8051
(2.9621
(8.843)
NOTESI
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. RAD 83. CENTRAL ZONE AND ADJUSTED TO
SURFACE USING AN ADJUSTMENT FACTfR OF 1.00012.
OF A
2. THIS COMMIT140411 FOSTITLEOIN BENEFIT AND MAY NOT 5 IINCLUDE
RECORD (412 INFORMATION PERTAINING T T IS BASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT.
3. THSCRIPTI15 PLAT ON. (5 ACCOMPANIED BY A SEPARATE METES AID BOUNDS
DE
4. THE BASELINE SHOWN HEREON I5 PER A DESIGN SCHEMATIC FILE
PROVIDED BY TURNER. COLLIE AND BRADEN. INC.
5. 0.11.8.0.7. INDICATES OFFICIAL RECCRD5 OF WILLIAMSON
COUNTY. TEXAS.
6. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS.
7. W.C.D.R. INDICATES WILLIAMSON COUNTY DEED RECORDS.
AO, 7 z6 - do
P.O.B. PARCEL 101
OUND AW' I.R. X. 3.134.112.10
10.150.279.40
STA. 550731.72
LT. 680.49'
BLOCK A. LOT 1A
AMENDING PLAT OF LOT 2
6 LOT 3
OF THE RESUBDIVISION OF
LOT 1. BLOCK A. CORNERS NORTH
CAB. L. SL. 217
W.C.P.R.
PROPOSED
R.0.0
LARTNEC INVESTMENT CO.
REMAINDER OF
CALLED 40.00 ACRES
824/572 P.O.B.
W.C.D.R. PARCEL 101
40' ORS11-29STX1.lNC.
CALLED 0.271 ACRE
TRACT 4
2427/328
O.R.W.C.T.
LOT 1
TOWN 6 COUNTRY
MALL SUB. 3'
ICAB. L. 5L. 57 0'
W.C.P.R. Q• ry
I 4
SEE DETAIL 'A'�,.
DETAIL 'A'
4.5.5.
STATE OF TEXAS
CALLED 7.1610 ACRES
PARCEL 2
1656/810
O.R.W.C.T.
=' GUIN BEA�S I.R•
N20;3 7;654 "E
0.26
CALLED ACRE p £ (qi1= SURVEY, A -609
7656/810 or-v
O.R.W.C.T.
r �q�
(584'38'l1'WI r D p x
160.00' 1 * O 1 •�
7'
IS11•06'E) Du, o 0
^C �
G =
N £..
Tr
DRAWN 8Y: TC
WHOLE PROPERTY
INSET
NOT 70 SCALE
PARCEL PLAT
FOR PARCEL 101
COUNTY: WILLIAMSON
GRANTOR: LARTNEC INVESTMENT CO.
SCALE: 1" 100'
ATE: JULY 2000
NECKED BY: WJM
JOB
9URVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: OustInlssurvcon. 00m
417 -658
F.B. u: HWY 45
AD FILE: S45PAR -101
SHEET 3 OF 3
DATE: October 18, 2000
SUBJECT: City Council Meeting — October 20, 2000
ITEM: 13.G.6. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with AmerUs Life Insurance Company for the
acquisition of Parcel 100 (.254 acres) and Parcel 101 (.068 acres)
of property for SH -45 right -of -way.
Williamson County
Parcels 100 & 101
S.H. 45
From: County Road 172
To: County Road 170
Mr. Steve Sheets
City Attorney
City of Round Rock
309 E. Main Street
Round Rock, Tx. 78664
Dear Steve:
Attached find two signed contracts for the above parcels, please have the mayor execute both
copies and return one original to me to forward to the property owner. Also, please prepare a
deed with the same signature block shown on the contract.
Thanks.
Sincerely,
Gary €rnethy, P.E.
The Pinnacle Group
attachments
P1 NNA.CLE
CONJULTING MANAGEMENT GROUP, INC.
October 19, 2000
• 600 ROUND ROCK WELT DRIVE, 1UITE 705 • ROUND ROCK, TEXM178626 • (512) 341-2271 • FAX (512) 341 - 2269 •
Parcels: 100 & 101
l vC')I4
, CRtETURN TO First American Title
4GF #
0
T-1
In
OD
0
0
0
0
ra
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
1) Parcel #100
particularly
incorporated
2) Parcel #101
particularly
incorporated
• •
VCS
SPECIAL WARRANTY DEED
State Highway 45 Right -of -Way
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed State Highway 45 ( "Project "); and,
WHEREAS, the purchase of the hereinafter- described premises has been deemed
necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, AmerUs Life Insurance Company, an Iowa corporation, hereinafter
referred to as Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration to Grantors in hand paid by
the City of Round Rock, Texas, receipt and sufficiency of which is hereby
acknowledged, and for which no lien is retained, either expressed or implied,
has this day Sold and by these presents does Grant, Bargain, Sell and Convey
unto the City of Round Rock, Texas all those certain tracts or parcels of land
lying and being situated in the County of Williamson, State of Texas, more
particularly described as follows:
: 0.254 acre tract, (11,054 square feet) as more
described in Exhibit A, attached hereto and
herein;
. 0.068 acre tract, (2,962 square feet) as more
described in Exhibit B, attached hereto and
herein.
Grantor reserves all of the oil, gas and sulphur in and under the land
herein conveyed but waives all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
State to take and use all other minerals and materials thereon, therein and
thereunder.
There is hereby reserved from this conveyance and warranty all 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.
TO HAVE AND TO HOLD the premises herein described and herein conveyed together
with all and singular the rights and appurtenances thereto in any wise
belonging unto the City of Round Rock, Texas and its assigns forever; and
Grantor does hereby bind itself, its successors and assigns to Warrant and
Forever Defend all and singular the said premises herein conveyed unto the City
of Round Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantor, but not otherwise.
This deed is being
representations or
Rock is purchasing
IN WITNESS WHEREOF
November, 2000.
State of Iowa
County of porx
This instrument was acknowledged before me on November 2000 by
Jaic� A. Smallenterger, Senipr vice President of AmerUs Life Insurance Company.
.d Secre -
��•" t I LINDAOLSON
MY COMMISSION EXPIRES
owr. • SEPTEMBER 22, 2001
• •
delivered in lieu of condemnation and Grantor has made no
warranties concerning the Property and the City of Round
the Property AS IS.
this instrument is executed on this the 30th day of
AMERUS LIFE INSURANCE COMPANY
By:
Jame A Smallen}wrgcr , r tS senior Vice President
and Secretary
By: 7 A _
i t s Seri n, vi rw P' silent
Acknowledgments
Linda Olson
Notary Public in and for
the State of Iowa
My commission expires
September 22 , 200 1
2
(signature)
(typed name)
State of Iowa
County of xirx
• •
This instrument was acknowledged before me on November 30 , 2000 by
Jcnna M. La Toure, Senior Vice PrPGiripnt of AmerUs Life Insurance Company.
Iowa
LINDA OLSON
MY COMMISSION EXPIRES
SEPTEMBER 22, 2001
After Recording Return To:
Linda Man
Notary Public in and for
the State of Iowa
My commission expires
Septerr6er 22 , 200
3
(signature)
(typed name)
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
• EXHIBIT A Page of 2 Pages
Property Description for Parcel 100
Being a 0.254 of one acre tract (I 1,064 square feet) of land situated in the Jacob M. Harrell
Survey A -284, Williamson County, Texas being a portion of the remainder of a called 40.00 acre
tract of land, as conveyed by Tom Kouri and wife, Helen Kouri to LARTNEC INVESTMENT
CO., recorded in Volume 824, Page 572 of the Williamson County Deed Records (W.C.D.R.).
Said 0.254 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 5/8 -inch iron rod (X = 3,133,521.54, Y = 10,149,753.85) at 208.76 feet left of
and perpendicular to State Highway 45 Baseline Station 543 +95.67 in the south line of Lot 1,
TOWN AND COUNTRY MALL SUBDIVISION as recorded in Cabinet L, Slide 57 of the
Williamson County Plat Records (W.C.P.R.), being the most northerly northwest comer of the
herein described tract and the most northerly northeast corner of a called 2.2540 acre tract of
land conveyed to the State of Texas (Parcel 3), recorded in Volume 1656, Page 810 O.R.W.C.T.,
from which a 5/8 -inch iron rod found for the northwest corner of said 40.00 acre tract and the
northwest comer of a called 14.625 acre tract of land conveyed to DDR DB Development
Ventures, LP, a Texas limited partnership, in Document No. 9844186 O.R.W.C.T. bears North
55 °02'11" West, 1,269.59 feet;
1. THENCE, North 84 °26'59" East, along the said south line of Lot 1, TOWN AND
COUNTRY MALL SUBDIVISION, a distance of 59.90 feet to a point for the most northerly
northwest corner of a called 7.1610 acre tract of land conveyed to State of Texas (Parcel 2),
recorded in Volume 1656, Page 810 O.R.W.C.T.;
THENCE, departing the south line of said Lot 1, TOWN AND COUNTRY MALL
SUBDIVISION, along the west line of said 7.1610 acre tract of land conveyed to State of Texas
(Parcel 2), and the east line of the herein described tract, the following two courses;
2. South 39 °18'35" West, a distance of 14.06 feet to a point for an interior corner of herein
described tract;
3. South 05 °33'01" East, a distance of 264.88 feet to a point for the southwest comer of said
7.1610 acre tract of land conveyed to State of Texas (Parcel 2) and being in the existing north
right -of -way line of F.M. 1325 (120 feet wide), as stated on the TxDOT Right -of -Way Map
(Travis & Williamson Counties F.M. 1325 December 1950);
417658 \parcels\ doc\PAR 100.doc
4. THENCE, South 84 °26'58" West (S 86 °55' W), along said existing north right -of -way line of
F.M. 1325, a distance of 39.97 feet to a point for the southeast comer of said 2.2540 acre
tract of land conveyed to the State of Texas (Parcel 3) and being the southwest corner of the
herein described tract;
THENCE, departing the said north right -of -way line of F.M. 1325, along the east line of said
2.2540 acre tract of land conveyed to State of Texas (Parcel 3), the following two courses;
5. North 05 °33'01" West , a distance of 264.87 feet to a point for an interior comer of herein
described tract;
6. North 50 °39'47" West, a distance of 14.13 feet to the POINT OF BEGINNING and
containing a computed area of 0.254 of one acre (11,064 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.
Jay 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 2 Pages •
4 - / 7 - 00
417658 \parcels\doc\PAR 100. doc
w w
•
0
0
•
B
SURVEY LEGEND
• FOUND TXDOT BRASS DISK IN CONCRETE
= SET 1800T BRASS DISK IN CONCRETE
= SET ''t MIN 80D w/T %DOT ALUM. CAP
• FOUND 'y' IRON R0D UNLESS OTHERWISE NOTED
FOUND 4' a 4" CONCRETE MONUMENT
CALCULATED POINT NW CONER
C00L
PROPERTY LINE 40.00 ACRE
TRACT
= BASELINE 824/572
• UTILITY POLE
DDR DB DEVELOPMENT VENTURES.
LP A CALLED 14.625 PARTNERSHIP
625 ACRES
DOC. x+9844186
O.R.W.C.T.
FOUND ' I.R.
N50'39'47 'W
14.13
1549.19'34'E
14.14'7
LARTNEC INVESTMENT CO
REMAINDER OF
CALLED 40.00 ACRES
STATE OF TEXAS 824/572
CALLED 2.2540 ACRES W.C.D.R.
PARCEL 3
1656/810
O.R.W.C.T.
JACOB M. HARRELL
SURVEY, A-2B4
r S.H.45
LOT 1
TOWN AND COUNTRY
MALL SUB.
CAB. L. SL. 57
W.C.P.R.
CONVEYED TO
OR511- 291307. INC.
CALLED 13.337 ACRES
TRACTS 1 AND 2
2427/328
FOUND 7 1' I.R.
8/5 IT
1030 /F>]
NQIE5:
1 . BEARINGS AND COORDINATES ARE BASED ON THE TExAs STATE PLANE
COORDINATE cENTRAL ZONE 000102.)US TED TO
SURFACE USING AN ADJUSTMENT FACTOR
2. THIS SURVEY wA5 PERFORMED wITHOUT THE BENEFIT 07
COAwITMENT FOR TITLE INSURANCE AND mAY N07 INCLUDE
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
INFORMAT INFORMATION ON HE THIS PLAT IS ABSTRACTED THIS oN
THIS TRACT
3- THIS DESCR 1*7 15 ACCOMPANIED BY A SEPARATE METES AND BOUNDS
4 680VI0ED TURNER. AND SCHEMATIC FILE
INC.
5. O.R.W.C.T. INDICATES OFFICIAL 8660RD5 OF WILLIAMSON
. COUNTY. TEXAS.
6. w.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS.
7.6,7...6. INDICATE LIAM50 UNTY DEED RECORDS. ^� "
S CANINE
DATE' / /7-"
JAY DEAN CNINE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 4545
5 ,\
ACREAGE
SUMMARY
150.FT.>
AREA
ACOUIRED
111.0641
111.0641
0
P.O.B. PARCEL 100
1 3.521.54
] • 10.149.753.85
4 STA. 543+95.61
LT. 206.76'
N84 "E
59.90' PROPOSED R.O.W.
539 "w
14.06'
■ N40 "E
14.14'1
545+00
1566
F.M. 1325 120' WIDE)
'MDT RIGHT -OF - WAY MAP
(TRAVIS 8 WILLIAMSON COUNTIES
F.M. HIGHWAY N0. 1325
DECEMBER 1950)
LOT 2
TOWN AND COUNTRY
MALL SUB.
CAB. L. 5L. 57
W I
DEOICATED TO
C FOR OF IG HT -O ROCK
PER PLAT
STATE OF TEXAS
CALLED 7.1610 ACRES
PARCEL 2
1656/810
O.R.W.C.T.
EXISTING R.O.W.
•07171 11p4037; XJ471)1 112
1 70150,5514 SIl'1110
J 2 10 3 7 AFT
pia 5i7T'4< 12 iw
.,.: M OW3i '11301110D71.1i N
STATE OF TEXAS
CALLED ARCEL 2 ACRES
1656/810
5.7.45
PARCEL PLAT
FOR PARCEL 100
COUNTY: WILLIAMSON
GRANTOR: LARTNEC INVESTMENT CO.
ATE: MAR 2000
DRAWN BY: TC
CHECKED 8Y: WJM
1
WHOLE PROPERTY
INSET
NOT TO SCALE
1119 SURVCON INC.
PROFESSI SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE 1512) 899 - 8282. FAX (5121 899 -9390
EMAIL: OUSE in @SUr5COF1.COm
SCALE: 1" = 100' JOB 0: 417 -658
F.B. 0: HWY 45
CAD FILE: 545PAR -100
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT B Page I of 2 Pages •
Property Description for Parcel 101
Being a 0.068 of one acre tract (2,962 square feet) of land situated in the Jacob M. Harrell
Survey A -284, Williamson County, Texas being a portion of the remainder of a called 40.00 acre
tract of land, as conveyed by Tom Kouri and wife, Helen Kouri to LARTNEC INVESTMENT
CO., recorded in Volume 824, Page 572 of the Williamson County Deed Records (W.C.D.R.).
Said 0.068 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 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT)
aluminum cap set (X = 3,134,112.10, Y = 10,150,279.40) in the proposed northerly right -of -way
line of State Highway 45 at 680.49 feet left of and perpendicular to State Highway 45 Baseline
Station 550 +31.92, for the southwest comer of a called 0.0811 acre tract of land conveyed to the
State of Texas (Parcel 1), recorded in Volume 1656, Page 810 of the Official Records of
Williamson County, Texas ( O.R.W.C.T)., the southeast comer of Block A, Lot 1A, Amending
Plat of Lot 2 and Lot 3 of the Resubdivision of Lot 1, Block A, Comers North, recorded in
Cabinet L, Slide 217 of the Williamson County Plat Records (W.C.P.R.) for the northwest corner
of herein described tract, from which a 1/2 -inch iron rod found bears North 20 °37'54" East, 0.26
feet. From said POINT OF BEGINNING, a 5/8 -inch iron rod found for the northwest comer of
said 40.00 acre tract and the northwest corner of a called 14.625 acre tract conveyed to DDR DB
Development Ventures, LP in Document No. 9844186 O.R.W.C.T. bears North 82 °56'24" West,
1,643.47 feet;
1. THENCE, North 84 °26'11" East, along the line common to said 0.0811 acre tract of land
conveyed to the State of Texas (Parcel 1) and the herein described tract, a distance of 59.89
feet to a point for the southeast corner of said 0.0811 acre tract of land conveyed to the State
of Texas (Parcel 1) and the northeast corner of the herein described tract and being in the
existing westerly right -of -way line of Interstate Highway 35 (width varies) as depicted on the
Texas Department of Highway Right -of -Way Map Williamson County, Project No. 135-
3(3)251 dated July 1957;
2. THENCE, South 16 °39'42" East (S 14 °06' E), along the line common to the easterly line of
said 40.00 acre tract and said westerly right -of -way line Interstate Highway 35, a distance of
40.47 feet to a point for the northeast corner of a called 7.1610 acre tract of land conveyed to
the State of Texas (Parcel 2), recorded in Volume 1656, Page 810 O.R.W.C.T. and the
southeast comer of herein described tract;
4176581parceIsldoc \PARIO1.doc
3. THENCE, South 84 °26'11" West, along the north line of said 7.1610 acre tract of land
conveyed to the State of Texas (Parcel 2) and the south line of the herein described tract, a
distance of 89.89 feet to a 1/2 -inch iron rod with a TxDOT aluminum cap set in the proposed
northerly right -of -way line of State Highway 45 at 640.62 feet left of and perpendicular to
State Highway 45 Baseline Station 550 +08.79 for the southwest corner of the herein
described tract;
4. THENCE, North 23 °39'33" East, along said proposed northerly right -of -way line of State
Highway 45, a distance of 45.50 feet to the POINT OF BEGINNING and containing a
computed area of 0.068 acre (2,962 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, In
c _
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 14, 2000
EXHIBIT B Page 2 of 2 Pages •
4- /1
4 17658 \parcels \doc \PAR I 0 1 .doc
RNER
SURVEY LEGEND W LED
10. RE TRACT
M = F0UN0 TXDOT BRASS DISK IN CONCRETE 824/572
] = SET TK00T BRASS DISK IN CONCRETE
V = SET '• ' (500 R00 W /TXOOT ALUM. CAP
• - FOUNO G2 IRON ROD UNLESS OTHERWISE NOTED
® = FOUND 4' K 4' CONCRETE MONUMENT
- CALCULATED POINT
R - PROPERTY LINE
y B = BASELINE
�aL - UTILITY POLE
JACOB M. HARRELL
SURVEY, A -284
s, CO DE? S MEMORANDUM
AU or puts of the text on this page was 115:1
sa j ie'ibfe for Tati>faCti ry 01EOrdat10C.
N OTES:
I. BEARINGS AND C00RDINATES ARE BASED ON THE TE0AS STATE PLANE
COORDINATE
SURFACE USING CENTRAL OF IONE AND ADJUSTED TO
1.00012 WAS 2 MT 44041 01(44 INSURANCE ATO NOT INC
THE BENEFIT OF
INCLUDE
DE
EASEMENTS AND INFORMATION PERTAINING TO THIS TRAcT.
RECORD INFORMATION SHOWN ON THIS PLAT 15 0ASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT.
3- TH15 PLAT I5 ACCOMPANIED BY A SEPARATE METES AND 800x05
DESCRIPTION.
4. PROVBDEO BY TURNER. COLL ANO RRADEN51'NCSCNEWAT IC FILE
5. 0.0.0.0 -T. INDICATES OFFICIAL RECORDS OF 0ILLIAMSON
COUNTY. TEXAS.
6. W.C.P.R. INDICATES WILLIW505 CO
7. 6.0.D.R. INDICATES MIL
JAY DEAN CANINE
REGISTERED PROFE5510NAL LAND SURVEYOR
TEXAS REGISTRATION N0. 4345
ACREAGE
SUMMARY
ISO.FT.I
WHOLE
PROPERTY
AREA
ACQUIRED
REMAINDER
LEFT
111.0051
12.9621
18.8431
LAT RECORDS.
ED RECORDS.
DATE:
40' ACCESS EASEMENT
OR511- 291TX1.1NC.
CALLED 0.271 ACRE
TRACT 4
2427/328
LOT 1
TOWN & COUNTRY
MALL SUB. 4
CAB. L. 5L. 57 0' , ' L.
W.C.P.R. p' ,0
P.O.B. PARCEL 101
FOUND 3 .4" I.R. K. 3.134.112.10
3' 0.150.219 -40
C = ST A. 550 +31.92
LT. 680.49'
N82647: 4j•
N84 219.78'
BLOCK A. LOT 1A
AMENDING PLAT OF LOT 2
6 LOT 3
OF THE RESUBDIVISION OF
LOT 1. BLOCK A. CORNERS NORTH
CAB. L. SL. 217
W- C.P.R.
SEE DETAIL
PROPOSED
9.0.W
DETAIL
N. T.S A
LARTNEC INVESTMENT CO.
REMAINDER OF
CALLED 40.00 ACRES
824/572 P.D.B.
W.C.O.R. PARCEL 101
STATE OF TEXAS
CALLED 7.1610 ACRES
PARCEL 2
1656/810
O.R.W.C.T.
/
STATE OF 7 CALLED 0.0811 EXAS p U'= SURVEY, A-609
PARCEL 1
1656/010 m'P T4"111
0, W. C. T. �r S 'D
Iwo f�1z 00
: N n
6C 0
C �
c s
n
584 11
89.89'
t 550+00.79
LT. 640.62
PC t 549496.31 1
LT. 622.50 , 1
O
O\
IS14
FOUND ' xx I.R.
N20'37 "E
0.26'
584
59.8
1546
WHOLE PROPERTY
INSET
NOT TO SCALE
PARCEL PLAT
FOR PARCEL 101
COUNTY: WILLIAM50N
GRANTOR: LARTNEC INVESTMENT CO.
i
i
SURVCON INC.
PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
AUSTIN. TEXAS 78701
TELEPHONE (512) 899 -8282. FAX (512) 899 -9390
EMAIL: oustin@survcon.com
SCALE: 1" = 100'
DATE: MAR 2000
DRAWN BY: TC
CHECKED BY: WJM
JOB tt: 417 -658
.B. JJ: HWY 45
CAD FILE: 545PAR -101
RETURN TO: First American Title • FILED DAD RECORDED
`I9 JJ1z� L�
OFFICIAL PUBLIC RECORDS
GF#
U-
12- 19- 2 2006` 01:23 PM 2000083695
ANDERSON $31.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
•
,CANNrr'61 i # X31/
March 28, 2002
Sheets & Crossfield, P.C.
Attorneys at Law
309 E. Main Street
Round Rock, Texas 78664 -524
Re: Our File No. 18000184
Property Address: South IH 35
Dear Homeowner:
Enclosed is your Owner Policy of Title Insurance. This policy contains important information about the
real estate transaction you have just completed. Please read it and retain it with your other valuable papers.
A complete file of the records concerning your transaction will be maintained under the above assigned file
number. These records will assure prompt processing of future title orders and save valuable time should
you wish to sell or obtain a loan on your property. Visit or call any one at our offices and simply give them
your personal file number.
We appreciate the opportunity of serving you and will be glad to assist you in any way in regard to your
future escrow or title service needs.
It is not mandatory, but it is your responsibility to render your property to the respective taxing authorities
to assure proper mailing of future tax notices.
Again, thank you.
Sincerely,
First American Title I
Monique Irvin
Central Processing
Enclosure:
e Company
FIRST AMERICAN TITLE INSURANCE COMPANY
OF TEXAS
3834 Spicewood Springs
Austin, Tx 78759
Phone (512) 345-0575 FAX (512) 345-0967
0 2 7 5 31 0 OWNER POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE
COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule
A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having
its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
S. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured,
but only to the extent provided in the Conditions and Stipulations.
IN WITNESS HEREOF, the FIRST AMERICAN TITLE INSURANCE COMPANY has caused this policy to
be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an
authorized countersignature, as of the date set forth in Schedule A.
First American Title Insurance Company
ATTEST
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
FORM TI CA. OWNER POLICY OF TITLE INSURANCE (EFFECTIVE 1 - - 93I
Secretary,
First American Title Insurance Company
EXCLUSIONS FROM COVERAGE
The following miners 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, ordinartce or governmental regulation (including but not limited to
building and zoning laws, ordinances, or regulations) restricting, regulating. prohibiting
or relating to (t) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (tai)
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) env protection, or the
effect of any violation of these laws, ordinances or governmental regulations, except to
the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at 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 aking
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 masers:
(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 if 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 unmarkeability
of the title.
5. Any claim, which arises cut of the transaction vesting in the person named in
paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of
the operation of federal bankruptcy, sate insolvency, or other sate or federal
creditors' rights laws that is based on either (i) the 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 or (ii) the subordination or
rechamcterizaton 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.
CONDITIONS AND STIPULATIONS
L. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(0) "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, datributees, 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;
(tai) 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 interest to a joint venture resulting from
the distribution of the assets of the joint venture upon psrtial or complete liquidation;
(v) the successor or substitute trusIee(s) of a trustee named in a
written trust instrument; Of
(vi) the successors in interest to a trustee or trust resulting from
the distribution of all or part of the asses of the trust to the beneficiaries thereof.
(b) "insured claimant": an insured claiming loss or damage.
(c) 'nowledge" 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 lend described or referred to in Soh duk A, and improvements
affixed thereto that by law constitute real property. The term "lard" does not include
any property beyond the Lines of t e area described or referred to in Schedule A, nor
any right, tide, interest, math or easement in abutting streets, roads, avenues, allays,
lanes, ways or waterways, but nothing herein shall modify or limit the extent to which
a right of access to and from the land u insured by this policy.
(e) "mongage": mortgage, deed of trust, troal 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 maters relating to real property to
purchasers for value and without knowledge. With respect to Section 1(aXiv) of the
Exclusions From Coverage, "public records" also shall include environmental
protection liens filed in the records of the clerk of the United Sates district court for
the district in which the land is located.
(g) ": legal right of access to the land and rim the physical condition of
access. The overage 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 mongage given by a purchaser
from the insured, or only so long as the insured shall have lability 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 (1) 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) la case of any
litigation as set forth in Section 4(a) below, or (ii) in case knowledge shag come to an
insured hereunder of any claim of tide 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 halite by virtue of this policy. If prompt notice shag not be given to
the Company, then as to the insured all liability of the Company shall terminate with
regasd to the miner or matters for which prompt notice is required; provided,
however, that failure to notify ire Company shall in no rase 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 of a lien, encumbrance, adverse claim or other defect in title to the estate or
interest m 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 suture. 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 the Ilan,
encumbrance, adverse claim or defect is not covered by this policy, or was otherwise
addressed in the closing of the transaction in connection with which this policy was
swat, the Company shag specifically advise the insured of the reasons for as
determination. If the Company concludes that the lien, encumbrance, adverse claim or
defect 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; (ii) indemnify the insured as provided in this policy; (tai)
upon payment of appropriate premium and charges therefor, issue to the insured
claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the
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 (i) through
(v) herein.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at is own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third party asserts a claim adverse to the title or interest as insured, but
only as to those stated causes of action alleging a defect, lien or encumbrance or other
maser insured against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the insured o object for reasonable cause)
to represent the insured as to those sated 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 fees,
costs or expenses incurred by the insured in the defense of those causes of action that
allege miners not insured against by this policy.
City of Round Rock, Texas
4. The land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
TEXAS OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
GF No. 18000184- 060 -PMD Amount of Insurance $ 93,974.00
Premium $944.00
DATE OF POLICY December 19, 2000 at 1:23 pm
1. Name of Insured:
City of Round Rock, Texas
2. The estate or interest in the land that is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is insured as vested in:
Policy No. 027531 0
First American Title Insurance Company First American Title Insurance Company
Texas Owner T -1 (Rev. 1 -1 -93) - Schedule A Valid Only if Schedule B and Cover are attached
Exhibit A
Tract 1: 0.254 of an acre of land, more or less, out of the Jacob M. Harrell Survey, Abstract No. 284 situated in Williamson
County, Texas and being a portion of that 40.00 acre tract of land conveyed to Lartnec Investment Co., in Warranty Deed
recorded in Volume 824, Page 572, Official Records, Williamson County, Texas, said 0.254 of an acre more particularly
described by metes and bounds in Exhibit "B" attached hereto and made a part hereof.
Tract 2: 0.068 of an acre of land, more or less, out of the Jacob M. Harrell Survey, Abstract No. 284 situated in Williamson
County ,Texas and being a portion of that 40.00 acre tract of land conveyed to Lartnec Investment Co. in Warranty Deed
recorded in Volume 824, Page 572, Official Records, Williamson County, Texas, said 0.068 of an acre more particularly
described by metes and bounds in Exhibit "C" attached hereto and made a part hereof.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made
only for informational and /or identification purposes and does not override Item 2 of Schedule B hereof.
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT 9 Page 1 of 2 - Pages
Property Description for Parcel 100
Being a 0.254 of one acre tract (11,064 square feet) of land situated in the Jacob M. Harrell
Survey A -284, Williamson County, Texas being a portion of the remainder of a called 40.00 acre
tract of land, as conveyed by Tom Kouri and wife, Helen Kouri to LARTNEC INVESTMENT
CO., recorded in Volume 824, Page 572 of the Williamson County Deed Records (W.C.D.R.).
Said 0.254 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 5/8 -inch iron rod (X = 3,133,521.54, Y = 10,149,753.85) at 208.76 feet left of
and perpendicular to State Highway 45 Baseline Station 543 +95.67 in the south line of Lot 1,
TOWN AND COUNTRY MALL SUBDIVISION as recorded in Cabinet L, Slide 57 of the
Williamson County Plat Records (W.C.P.R.), being the most northerly northwest corner of the
herein described tract and the most northerly northeast corner of a called 2.2540 acre tract of
land conveyed to the State of Texas (Parcel 3), recorded in Volume 1656, Page 810 O.R.W.C.T.,
from which a 5/8 -inch iron rod found for the northwest corner of said 40.00 acre tract and the
northwest comer of a called 14.625 acre tract of land conveyed to DDR DB Development
Ventures, LP, a Texas limited partnership, in Document No. 9844186 O.R.W.C.T. bears North
55 °02'11" West, 1,269.59 feet;
1. THENCE, North 84 °26'59" East, along the said south line of Lot 1, TOWN AND
COUNTRY MALL SUBDIVISION, a distance of 59.90 feet to a point for the most northerly
northwest corner of a called 7.1610 acre tract of land conveyed to State of Texas (Parcel 2),
recorded in Volume 1656, Page 810 O.R.W.C.T.;
THENCE, departing the south line of said Lot 1, TOWN AND COUNTRY MALL
SUBDIVISION, along the west line of said 7.1610 acre tract of land conveyed to State of Texas
(Parcel 2), and the east line of the herein described tract, the following two courses;
2. South 39 °18'35" West, a distance of 14.06 feet to a point for an interior corner of herein
described tract;
3. South 05 °33'01" East, a distance of 264.88 feet to a point for the southwest corner of said
7.1610 acre tract of land conveyed to State of Texas (Parcel 2) and being in the existing north
right -of -way line of F.M. 1325 (120 feet wide), as stated on the TxDOT Right -of -Way Map
(Travis & Williamson Counties F.M. 1325 December 1950);
417658 \parcels \doc \PA R 100.doc
4. THENCE, South 84 °26'58" West (S 86 °55' W), along said existing north right -of -way line of
F.M. 1325, a distance of 39.97 feet to a point for the southeast corner of said 2.2540 acre
tract of land conveyed to the State of Texas (Parcel 3) and being the southwest corner of the
herein described tract;
THENCE, departing the said north right -of -way line of F.M. 1325, along the east line of said
2.2540 acre tract of land conveyed to State of Texas (Parcel 3), the following two courses;
5. North 05 °33'01" West , a distance of 264.87 feet to a point for an interior corner of herein
described tract;
6. North 50 °39'47" West, a distance of 14.13 feet to the POINT OF BEGINNING and
containing a computed area of 0.254 of one acre (11,064 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 Tumer Collie and Braden, Inc.
C -�
Jay 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 2 Pages
417658 \ parcels \doc\PARI00.doc
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
EXHIBIT C Page l of 2 Pages
Property Description for Parcel 101
Being a 0.068 of one acre tract (2,962 square feet) of land situated in the Jacob M. Harrell
Survey A -284, Williamson County, Texas being a portion of the remainder of a called 40.00 acre
tract of land, as conveyed by Tom Kouri and wife, Helen Kouri to LARTNEC INVESTMENT
CO., recorded in Volume 824, Page 572 of the Williamson County Deed Records (W.C.D.R.).
Said 0.068 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 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT)
aluminum cap set (X = 3,134,1 12.10, Y = 10,150,279.40) in the proposed northerly right -of -way
line of State Highway 45 at 680.49 feet left of and perpendicular to State Highway 45 Baseline
Station 550 +31.92, for the southwest corner of a called 0.0811 acre tract of land conveyed to the
State of Texas (Parcel 1), recorded in Volume 1656, Page 810 of the Official Records of
Williamson County, Texas ( O.R.W.C.T)., the southeast comer of Block A, Lot 1A, Amending
Plat of Lot 2 and Lot 3 of the Resubdivision of Lot 1, Block A, Corners North, recorded in
Cabinet L, Slide 217 of the Williamson County Plat Records (W.C.P.R.) for the northwest corner
of herein described tract, from which a 1/2 -inch iron rod found bears North 20 °37'54" East, 0.26
feet. From said POINT OF BEGINNING, a 5/8 -inch iron rod found for the northwest corner of
said 40.00 acre tract and the northwest corner of a called 14.625 acre tract conveyed to DDR DB
Development Ventures, LP in Document No. 9844186 O.R.W.C.T. bears North 82 °5624" West,
1,643.47 feet;
1. THENCE, North 84 °26'11" East, along the line common to said 0.0811 acre tract of land
conveyed to the State of Texas (Parcel 1) and the herein described tract, a distance of 59.89
feet to a point for the southeast comer of said 0.0811 acre tract of land conveyed to the State
of Texas (Parcel 1) and the northeast corner of the herein described tract and being in the
existing westerly right -of -way line of Interstate Highway 35 (width varies) as depicted on the
Texas Department of Highway Right -of -Way Map Williamson County, Project No. 135-
3(3)251 dated July 1957;
2. THENCE, South 16 °39'42" East (S 14 °06' E), along the line common to the easterly line of
said 40.00 acre tract and said westerly right -of -way line Interstate Highway 35, a distance of
40.47 feet to a point for the northeast corner of a called 7.1610 acre tract of land conveyed to
the State of Texas (Parcel 2), recorded in Volume 1656, Page 810 O.R.W.C.T. and the
southeast corner of herein described tract
41 7658\parcelsldoc\PAR l O 1.doc
3. THENCE, South 84 °26'11" West, along the north line of said 7.1610 acre tract of land
conveyed to the State of Texas (Parcel 2) and the south line of the herein described tract, a
distance of 89.89 feet to a 1/2 -inch iron rod with a TxDOT aluminum cap set in the proposed
northerly right -of -way line of State Highway 45 at 640.62 feet left of and perpendicular to
State Highway 45 Baseline Station 550 +08.79 for the southwest corner of the herein
described tract;
4. THENCE, North 23 °39'33" East, along said proposed northerly right -of -way line of State
Highway 45, a distance of 45.50 feet to the POINT OF BEGINNING and containing a
computed area of 0.068 acre (2,962 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,
Jay Dean Canine
Registered Professional Land Surveyor
Texas Registration Number 4345
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 14, 2000
EXHIBIT_ B Page 2- of 2 Pages
4 - /7 -ad
417658 \parcels \doc\PAR I0l .doc
SCHEDULE B
GF No. 18000184 Policy No. 027531 0
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 824, Page 572, Deed Records, Williamson County, Texas. Any covenants, conditions or restrictions
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or
national origin are hereby deleted to the extent such covenants, conditions or restrictions violate 42 USC 3604 {c }.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping or improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or
other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or
oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled -m 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 2001, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section
11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (the Company must
insert matters or delete this exception):
a. Rights of Parties in Possession.
b. Visible and apparent easements on or across property described in Schedule A.
c. Any portion of subject property lying within the boundaries of a public or private roadway whether dedicated or not.
d. Easement:
Purpose: electric lines
Recorded: Volume 372, Page 65 and Volume 427, Page 11, Deed Records, Williamson County, Texas
e. Easement:
Purpose: telephone and communication lines
Recorded: Volume 457, Page 275, Deed Records, Williamson County, Texas
First American Title Insurance Company First American Title Insurance Company
Texas Owner T -1 (Rev. 12- 30 -99) - Schedule B Valid Only if Schedule A and Cover are attached
SCHEDULE B - continued
File No. 18000184 Policy No. 027531 0
Easement:
Purpose: sewer and gas lines
Recorded: Volume 824, Page 593, Deed Records, Williamson County, Texas
Easement:
Purpose: public utility
Recorded: Volume 844, Page 270, Official Records, Williamson County, Texas
Easement:
Purpose: access
Recorded: Volume 901, Page 139, Volume 901, Page 143, Volume 901, Page 147, Volume 1030, Page
849, Volume 1030, Page 853 and Volume 1030, Page 857, Official Records, Williamson County, Texas
Subject property abuts a non - access or a limited- access road, highway or freeway. This Company does not insure
the right of ingress and egress to and from said road, highway or freeway, and assumes no liability in connection
therewith. (Tract 2)
Easement:
Purpose: electric and telephone lines
Recorded: Volume 848, Page 608, Deed Records, Williamson County, Texas
First American Title Insurance Company
(b7 The Company shall have the right, at its own cost, to institute and prosecute
any agioo or proceeding or to do any other act that in its opinion may be necessary or
desirable to esmblisli the tale to the estate of interest, as insured, or to prevent or
reduce loss or damage to the insured. The Company may take any appropriate action
coder the terms of this policy, whether or not it shall be liable hereunder, and shall
not thereby concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, 10 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 therein, 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 (it) in any other lawful act that in the
opinion of the Company may be necessary m desirable to establish the t ide to the
estate or interest as insured. If the Company is prejudiced by the failure of the insured
to furnish the required cooperation, the Company's obligations to the insured under the
policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard 00 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 signal
and sworn to by the insured claimant shall be furnished to the Company within 91
days after the insured claimant 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 tide, 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 00 1ubm1t to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date before
or alter 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
inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
loss or damage. All information designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the 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 informatidn 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, a0orneys' 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, a0 liability and obligations to
hie 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.
(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 (ii), 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 indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
des of matters insured against by this policy and only to the extent herein
cribed.
(a) The liability of the Company under this policy shall not exceed the lean of:
(i) the Amount of Insurance stated in Schedule A; or
(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, 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 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:
(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 of
insurance at Date of Policy bears to the total value of the insured estate or interest at
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 to costs, attorneys' fees and
expenses for which the Company is liable under this policy, and stall only apply to
that potion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A.
(e) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not
used as a single site, and a loss is established affecting one or more of the parcels but
of all, the loss shall be computed and settled on a pro rasa 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) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, cures the lack of a right of access to or from the land, all as insured,
or takes action ill accordance with Section 3 or Section 6, in a 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 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 na be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of 1110 Company.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' f
and expenses, shall reduce the amount of the insurance pro unto.
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 10 which the insured has agreed, assumed,
or taken subject. or which is hereafter executed by an insured and which is a charge or
Tien on the 051110e or interest described or referred to in Schedule A, and the amount so
paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed. in which case proof of loss
or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT 6R 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 ac[ of the insured
claimant.
The Company shall be subrogated to and be entitled ter 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
property necessary in order to perfect this right of subrogation. The insured claimant
shall permit the Company to s a compromise or settle in the name of [he insured
claim and to use the name of the insured claimant to any transaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully rover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in 1110
proportion that the Company's payment bears to the whole amount of [he (055.
If loss should result from any act of the insured claimant, as stated above. that
et shall not void this policy. but the Company, in that event, shall be required to pay
only that part of any losses in red against by this policy that shall exceed the amount.
if any, lost m the Company by reason of the Impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's Rights Against Non - Insured Obligors.
The Company's right of subrogation against non - insured obligors shall exist and
shall include. without limitation. the rights of the inured to indemnities. guars
other policies of insurance or bonds, notwithstanding any terms or conditions contained
to 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 Tide 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 gut of or relating
to this policy, any service of die 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 SI,000,000 or less SHALL BE arbitrated at the request of
either the Company or the Insured, unless the insured is an individud person (as
distinguished from a corporation. trust, partnership, association or other legal entity).
All arbitrable matters when the Amount of Insurance is in excess of 51,000,000 shall
be arbitrated only when agreed to by both the Company and the Insured. Arbitration
pursuant to this policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the insured, the Rules in effect at Date of
Policy shall be binding upon the panics. The award may include attorneys' fees only if
the laws of the sate in which the land is located permit a court to award attorneys'
fees to a prevailing party. Judgment upon the award rendered by the Arhararor(s) may
be entered in any court having jurisdiction thereof.
The law of the sins of the land shall apply to any arbitration under the Title
Insurance Arbitration Rules.
A ropy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY' POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, anacbed 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 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 full force and effect.
17. NOTICES, WHERE SENT,
All notices required to be given the Company and any statement io writing required 10 be
furnished the Company shall include the number of this polity and shall be addressed to
the Company al. I(rst American Title Insurance Company, 1500 S. Dairy Ashford, Suite
300, Houston. TX 77077.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have filed,
contact the agent or write to the Company that issued the policy. If the problem tt not
esolved, you also may write the Texas Department of Insurance of Texas, P.O. Box
149104, Austin, TX 78714 -9104, Fax No. (512) 305 -7426. This notice of
complaint procedure is for information only and does not become a pan or condition of
this policy.
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