R-01-03-22-12C2 - 3/22/2001WHEREAS, the City desires to purchase a tract of land containing
approximately 0.161 acres for the proposed Municipal Office Center
project, and
WHEREAS, Evon McConico, 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 Evon McConico 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 22nd day of Ma - , 20
RO ° ' T A. STLUKA, / R., Mayor
AT ST: City of Round Rock, Texas
/
E LAND, City Secretary
K,\ WPDOCS \RESOLUTI \R10322C2.KPD /SO
RESOLUTION NO. R- 01- 03- 22 -12C2
State of Texas
County of Williamson
C, \WPDOCS \ACITY\MCC BRAD \evov mee.WPD /a1a
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between EVON
MCCONICO, 7311 Addicks Clodine, Houston, Harris County, Texas (referred
collectively 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 tract of land containing approximately
0.161 acres of land situated in Williamson County, Texas, being more
particularly described as follows:
0.161 acres being an un- numbered lot in Block 3, City of Round
Rock, Wiley Harris Survey, Abstract No. 298, and being shown as
Tract 3 on Exhibit "A" (correct legal description will be
determined from the survey provided for in this Contract);
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 Seventy -
five Thousand and no /100 Dollars ($75,000.00).
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
1
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 ten (10) days after the date hereof, Seller, at
Purchaser's sole cost and expense, shall have caused the title company to
issue an updated 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 five (5) 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.
Miscellaneous Conditions
3.06. Seller shall have performed, observed, and complied with all of
the covenants, agreements, and conditions required by this Contract to be
performed, observed, and complied with by Seller prior to or as of the
closing.
ARTICLE IV
CLOSING
The closing shall be held at the office of Alamo Title, 1717 N. I.H.
35, Round Rock, Texas, on or before April 16, 2001, 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:
(i) General real estate taxes for the year of closing and
subsequent years not yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's
sole expense, issued by Alamo 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.
Property Taxes
4.03 General real estate taxes for the current year shall be
assumed by Purchaser and any delinquent taxes for prior years relating to
the Property, shall be paid by Purchaser at the closing.
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;
Survey paid by Purchaser;
Filing fees for deed paid by Purchaser;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
3
ARTICLE V
REAL ESTATE COMMISSIONS
It is understood and agreed that there are no brokers involved in the
negotiation and consummation of this Contract.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under the
terms and provisions of this Contract, Purchaser has delivered to Alamo
Title Company, the sum of One Thousand Dollars ($1,000), 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: (1) enforce
specific performance of this Contract; (2) request that the Escrow Deposit
shall be forthwith returned by the title company to Purchaser; or (3) bring
suit for damages against Seller.
ARTICLE VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the
Property, the conditions to Purchaser's obligations set forth in Article III
having been satisfied and Purchaser being in default and Seller not being
in default hereunder, Seller shall have the right to (1) bring suit for
damages against Purchaser; or (2) receive the Escrow Deposit from the title
company, the sum being agreed on as liquidated damages for the failure of
Purchaser to perform the duties, liabilities, and obligations imposed upon
it by the terms and provisions of this Contract, and Seller agrees to accept
and take this cash payment as its total damages and relief and as Seller's
sole remedy hereunder in such event.
4
ARTICLE IX
MISCELLANEOUS
Assignment of Contract
9.01. (a) This Contract may not be assigned without the express
written consent of Seller.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and agreements
of the parties, as well as any rights and benefits of the parties,
pertaining to a period of time following the closing of the transactions
contemplated hereby shall survive the closing and shall not be merged
therein.
Notice
(c) Any notice required or permitted to be delivered hereunder shall
be deemed received when sent by United States mail, postage prepaid,
certified mail, return receipt requested, addressed to Seller or Purchaser,
as the case may be, at the address set forth opposite the signature of the
party.
Texas Law to Apply
(d) This Contract shall be construed under and in accordance with the
laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Williamson County, Texas.
Parties Bound
(e) This Contract shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, legal
representatives, successors and assigns where permitted by this Contract.
Legal Construction
(f) In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable
provision had never been contained herein.
5
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.
�Z�da MARLN
Dated this y of I\.L,.�a�
SELLER:
iLlti )
EVON MCCONICO
7311 Addicks Clodine
Houston, Texas
PURCHASER:
6
221 E. Main Street
Round Rock, Texas 78664
0.161 ac.
Evon McConico Tract
DESCRIPTION
FOR A 0.161 ACRE TRACT OF LAND OUT OF THE WILEY HARRIS SURVEY ABSTRACT NO. 298,
WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF BLOCK 3, CITY OF ROUND ROCK
AS RECORDED IN CABINET A, SLIDE 190 OF THE PLAT RECORDS OF SAID COUNTY, SAME
BEING ALL OF THAT CALLED TRACT OF LAND AS DESCRIBED IN THAT DEED TO EVON
McCONICO AS RECORDED IN VOLUME 655, PAGE 575 OF THE DEED RECORDS OF SAID COUNTY
AND SAID 0.161 ACRE TRACT OF LAND IS FURTHER DESCRIBED AS FOLLOWS:
BEGINNING at a %2 inch iron rod set for the northeast corner of that said Evon McConico tract of land, same
being on the east line of said Block 3, same being at the intersection of the south line of a 20 foot wide alley as
shown on said plat of Block 3 and the west right -of way line of Brown Street (80 foot right -of -way width), same
being the northeast comer of the herein described tract of land, from which the northeast corner of said Block 3
bears, N 19°21'18" W a distance of 145.00 feet;
THENCE, with the east line of that said Evon McConico tract of land, same being on the east line of said
Block 3, same being on the said west right -of -way line of Brown Street, S 19 °21'18" E a distance of 93.32 feet
to a %2" iron rod set for the southeast corner of that said Evon McConico tract of land, same being the northeast
corner of a called 0.94 acre tract of land as described in that deed to G.W. McConico as recorded in Volume
454, Page 279 of the Deed Records of said County, same being a non - tangent point of curvature and the
southeast comer of the herein described tract of land;
THENCE, with the southwest line of that said Evon McConico tract of land, same being on the northeast line
of that said G.W. McConico tract of land and with the arc of a curve to the right, having a radius of 1298.20
feet, a central angle of 07 °33'38 ", an are length of 171.30 feet, and a chord which bears, N 76 °19'10" W for a
distance of 171.18 feet to a %2" iron rod set for the northwest corner of that said Evon McConico tract of land,
same being the southwest corner of said 20 foot wide alley, same being the northwest corner of the herein
described tract of land;
THENCE, with the north line of that said Evon McConico tract of land, same being the said south line of a 20
foot wide alley, N 70 °38'42" E for a distance of 143.51 feet to the POINT OF BEGINNING and containing
0.161 acres of land.
Surveyed under the direct supervisio
Donald J. Kirby
Registered Professional Land Sury
Baker - Aicklen & Assoc., Inc.
203 E. Main Street, Suite 201
Round Rock, TX 78664
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DATE: March 16, 2001 '
SUBJECT: City Council Meeting — March 22, 2001
ITEM: 12.C.2. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Evon McCouico for the purchase of
approximately 0.161 acres of land to be used for the proposed
Municipal Office Center Project.
Resource: Bob Bennett, City Manager
History: This is the final phase concerning the purchase of property for the proposed
Municipal Office Center Project.
Funding:
Cost: $75,000.00
Source of funds: Certificates of Obligation, Series 2000
Outside Resources: N/A
Impact: This was previously addressed.
Benefit: Allows for the construction of the Municipal Office Center (MOC).
Public Comment: Communication is ongoing.
Sponsor: N/A
t prnii
t t t lD -
U� 47 CITY OF ROUND ROCK
Mayor
Robert A. Siluka, Jr.
Mayor Pro-tem
Earl M. Rairston
Council Members
Tom Nelson
Carne Pitt
Earl Palmer
Isabel Gailahan
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
April 2, 2001
Evon McConico
7311 Addicks Clodine
Houston, Texas 77083
221 East Main Street
Round Rock, Texas 78664
512 -218 -5400
Dear Ms. McConico:
Re: Purchase by the City of Round Rock of 0.161 acres out of the Wiley
Harris Survey, Abstract No. 298, Round Rock, Williamson County, Texas
The purpose of this letter is to acknowledge on behalf of the City of Round
Rock that the Real Estate Contract between the City and yourself for the
above described property is entered into in lieu of condemnation
proceedings.
The Round Rock City Council has previously authorized the city staff to
proceed with the condemnation of the property in the event that we were
not successful in negotiating an acceptable contract with you. Had we not
been successful, the City would have instituted condemnation proceedings
to acquire the property.
I trust that this letter will satisfy your needs. If for some reason it does not,
please feel free to contact me.
Fax' 512 -218 -7097
v
Joanne Land
Assistant City Manager
1 -800- 735- 2989TDD 1- 800 - 735 -2988 Voice
www.ci.round -rock tx.us
Date: 5 /4 , 2001
Grantor: EVON McCONICO, a single person
Grantor's Mailing Address (including county):
EVON McCONICO
FE gerA COUNTY
Grantee: CITY OF ROUND ROCK
Grantee's Mailing Address (including county):
CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
Williamson County
PROPERTY (including any improvements):
CASH WARRANTY DEED - PAGE 1
C: \WFDOCS \TA-- \0272N0C.NP0 /cdc
2001032138 3 I
CASH WARRANTY DEE RETURN TO:
ALAMO TITLE COMPANY
(Sia 1717 N. IH -35, SUITE 150
ROUND ROCK TX 78664
GF #_2J0 / ,*1t P P
CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable consideration.
Being an unnumbered Lot and referred to as Lot Twenty - one (21), Block 3, of the
City of Round Rock, Williamson County, Texas, according to the map or plat
thereof recorded in Cabinet A, Slide 190, Plat Records of Williamson County,
Texas. The said Town Lot being angular in shape, bounded on the North by a
twenty -foot alley, on the East by the line of Brown Street, and on the South and
Southwest by the North line of the right -of -way of the Georgetown Railroad on a
curve parallel with the main track of said railroad and fifty feet distant from the
center thereof. All according to the map of said Town recorded in Volume A,
Pages 190 -191, Plat Records of Travis County, Texas, and being the same tract of
land conveyed by Deed from Mrs. C. M. McConico, Allie Faye Middleton and
G.W. McConico to Evon McConico, recorded in Volume 655, Page 575, Deed
Records of Williamson County, Texas.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Basements, 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
encroaclunents or overlapping of improvements; and taxes for the current year, the payment of
which Grantee assumes .
Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations
from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property,
together
with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors,
administrators and successors are hereby bound to warrant and forever defend all and singular the property
to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from
and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
CASH WARRANTY DEED — PAGE 2
C: \WPDCCS \TA-- \0373W0C.WPD /cdc
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON
ANN B. TOWNSEND
Notary Pubic, State of Texas
My Commission Expires
MAY 8, 2004
EVON McCONICO
This instrument was acknowledged before me on the 8 day of Pflakj , 2001, by EVON
McCONICO .
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crosstield, P.C.
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Alamo Title Company
1717 IH 35 North, Suite 150
Round Rock, Texas 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
05- 09 -200f 12:42 PM 2001032138
ANDERSON 813.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CASH WARRANTY DEED — PAGE 3
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OWNER POLICY OF TITLE INSURANCE
Issued By
POLICY 33-34-93 -
NUMBER 5 5 41
Alamo Title Insurance
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CON-
TAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ALAMO TITLE INSURANCE, a
Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss
or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the Insured
by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material
having its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured,
but only to the extent provided in the Conditions and Stipulations.
IN WITNESS HEREOF, Alamo Title Insurance 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.
Alamo Title Insurance
Pr)
President
"11 121.4 1% Y/1 Secretary
Form 33 -34 -93
Printed (01/00)
Texas Form T -1: Owner Policy of Title Insurance - Effective 1/1/93
EXCLUSIONS FROM COVERAGE
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, (s) the character, dimensions or location of any Improvement now or hereafter erected on
the land, (iii) a separation in ownership or the change in Me 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, Ilen 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, Ilen or
encumbrance resulting from a violation or alleged violation affecting the land has beep 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 wnting to the
Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this Policy,
(c) resulting In no loss or damage to the Insured Claimant,
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage That would not have been sustained 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
unmarketability 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, (11) the subordination
or recharacterizaaon of the estate or Interest insured by this Policy as a result of the application of the doctrine of equitable subordinabon, or (m) 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 atter delivery or the failure such recordation to Impart notice to a
purchaser for value or a judgment or lien creditor
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this Policy mean
(a) insured ". the Insured named in Schedule A, and subject to any rights or defenses the Company would have had against the named Insured, those who
succeed to the Interest of the named Insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors, and specifically, without limitation, the
following.
(1) the successors in interest to a corporation resulting from merger or consolidation or the distnbution of the assets of the corporation upon partial or
complete Liquidation,
(rr) 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 distnbution 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 distnbution of the assets of the loin) venture upon partial or complete Iiqutdation;
(v) the successor or substitute trustee(s) of a trustee named m 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 descnbed or referred to in Schedule A, and improvements affixed thereto that by law constitute real property The tens 'land' does not
include any property beyond the lines 01 the area descnbed or referred to in Schedule A, nor any right, age, 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
(1) "public records "; records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real
properly to purchasers for value and without knowledge. With respect to Section 1 (a)(rv) of the Exclusions From Coverage, "public records" also shall
Include environmental protection hens 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 to the land and not the physical condition of access. The coverage provided as to access does not assure the adequacy
of access for the use Intended
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OFTFTLE
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 (11) an Indebtedness secured by a purchase money mortgage given to the
Insured
3. NrrriCE r1F CLAIM TO BF GIVFN BY INSIIRFrI rJ AIMANT
The Insured shall notify the Company promptly In wnting (1) m case of any litigation as set forth In Section 4(a) below, or (I) in case knowledge shall come to
an Insured hereunder of any claim of tide or Interest that Is adverse to the hale to the estate or Interest, as insured, and that might cause loss or damage for
which the Company may be liable by virtue of this Policy. If prompt notice shall not be given to the Company, then as to the Insured all liability of the Company
shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to 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 of a lien, encumbrance, adverse claim or other defect in title to the estate
or Interest in the land insured by this Policy that is not excluded or excepted from the coverage of this Policy, the Company shall promptly investigate the
charge to determine whether the Ilen, encumbrance, adverse claim or defect is valid and not barred by law or statute The Company shall notify the Insured
in wnting, wahin 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 lien, encumbrance, adverse claim or defect Is not covered by this Policy, or was otherwise addressed In the closing of the transaction in
connection with which this Policy was Issued, the Company shall speafically advise the Insured of the reasons of its determination. If the Company concludes
that the lien, encumbrance, adverse dairn or defect is valid, the Company shall take one of the following actions. (I) institute the necessary proceedings to
clear the lien, encumbrance, adverse claim, or defect from the title to the estate as insured; (1I) Indemnify the Insured as provided in this Policy; (Ili) 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 The 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 ban; (iv) indemnify another title Insurance company in connection with
its issuance of a policy(ies) of tide insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document
FORM T -1: Commeraal Owner Polley of Title Insurance
OWNER'S POLICY
SCHEDULE A
File Number: 00- 7101365 Policy Number: 33 -34 -93 -5541
Amount of Insurance: $75,000.00
Premium: $792.00
Date of Policy: May 9, 2001 at 12:42 p.m.
1. Name of Insured:
City of Round Rock
2. The estate or interest in the land 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
4. The land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
EXHIBIT "A"
GF No. 00- 7101365
Policy No. 33 -34 -93 -5541
Being an unnumbered Lot and referred to as Lot Twenty -one (21), Block 3, of the City of Round
Rock, Williamson County, Texas, according to the map or plat thereof recorded in Cabinet A,
Slide 190, Plat Records of Williamson County, Texas. The said Town Lot being angular in
shape, bounded on the North by a twenty -foot alley, on the East by the line of Brown Street,
and on the South and Southwest by the North line of the right -of -way of the Georgetown
Railroad on a curve parallel with the main track of said railroad and fifty feet distant from the
center thereof. All according to the map of said Town recorded in Volume A, Page 190 -191,
Plat Records of Travis County, Texas, and being the same tract of land conveyed by Deed from
Mrs. C. M. McConico, Allie Faye Middleton and G. W. McConico to Evon McConico, recorded
in Volume 655, Page 575, Deed Records of Williamson County, Texas.
FORM T -1: Commernal Owner Policy of Tide Insurance
Item 1, Schedule B is hereby deleted.
OWNER'S POLICY
SCHEDULE B
EXCEPTIONS
GF No. 00- 7101365
Policy No 33 -34 -93 -5541
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 (We must either insert specific
recording data or delete this exception):
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, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by
any government, or
c. to filled - in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line vegetation, or the right
of access to that area or easement along and across the 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. (We must insert matters or delete this exception):
a. Deleting any unlawful discriminatory provisions based on race, color, religion, sex,
handicap, familial status or national origin.
FOAM T.1: Commercial Owner Policy of Title Insurance
b. Rights of parties in possession.
c. Visible and apparent easements over and across subject property.
GF No. 00- 7101365
Policy No. 33 -34 -93 -5541
d. Any portion of the property herein described which falls within the boundaries of any
road or roadway.
e. Rights of tenants in possession under unrecorded leases and /or rental agreements.
ALAMO TITLE COMPANY
(Authorized Countersignature)
Countersigned at: a.e.t..e.an. Texas
FORM T -1 • Commercial Owner Policy of Title Insurance
CONDITIONS AND STIPULATIONS - Continued
discharging the hen, encumbrance, adverse claim or defect, or (vi) undertake a combination of (I) through (v) herein
4. DEFENSE AND PROSECUTION OF ACTIONS: DITTY OF INSURED CLAIMANTTO 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 reasonable 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 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 for tees 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, a( its awn cost, to Institute and prosecute any action or proceeding or to do any other ac( that in its opinion may be
necessary or desirable to establish the title to the estate or interest as Insured, or to prevent or reduce loss or damage to the Insured The Company may
take any appropriate action under the terms of this Policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any
provision of this Policy. If the Company shall exercise Its rights under this paragraph, n shall do so diligently
(c) Whenever the Company shall have brought an action or Interposed a defense as required or permitted by the provisions of this Policy, the Company
may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from
any adverse Judgment or order.
(d) In all cases where this Policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall
secure to the Company the right to so prosecute or provide defense 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 (r) 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. It 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 to the matter or
matters requinng such cooperation
5. pROOF OF 1 050 00 DAMAGE
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the Insured Claimant shall be fumished 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 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
G 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 he 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 limes and places as may be designated by any authorized
represetative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether beanng a date before or after Date of Policy,
which reasonably pertain to the loss or damage Further, if requested by any authonzed representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks correspondence
and memoranda in the custody or control of a Third party, which reasonably pertain to the loss or damage. All information designated as confidential by 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 OTHFRWISF SFTTI E CI AIMS: TERMINATION OFLIABILITY
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.
(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 authonzed by the Company up to the time of payment and which
the Company is obligated to pay, or
(a) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this Policy, together with any costs, attorneys' lees and
expenses Incurred by the Insured Claimant, which were authonzed 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 COINSURANCO,
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 reason of matters Insured against by this Policy and only to the extent herein descnbed
(a) The liability of the Company under this Policy shall not exceed the least of.
(i) the Amount of Insurance stated in Schedule A,
(1) 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.
(0) In the event the Amount of Insurance stated in Schedule A at the Date 01 Policy is less than 00 percent of the value of the insured estate or Interest
or the full consideration paid for the land, whichever Is less, or it 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:
() 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
(i) 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 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' 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 not all, the loss shall be computed and settled on a pro rata basis as If the Amount of Insurance under this Policy was divided pro rata as to the
value on Date 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 OFLIABILTY,
(a) 11 the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a nght 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, 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 not be liable for loss or damage to any Insured for liability voiuntanly assumed by the Insured in setting any claim or sult without
CONDITIONS AND STIPULATIONS - Continued
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' lees and expenses, shall reduce the amount of the insurance pro tante
11. LIABILITY NOWA/MIII ATIVF
It Is expressly understood that the Amount of Insurance under this Policy shall be reduced by any amount the Company may pay under any Policy Insuring
a mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed or taken subject, or which is hereafter executed by an
Insured and which is a charge or Ilen on the estate or Interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under
this Policy to the insured owner.
12. PAYMENT OF LOSS,
(a) No payment shall be made without producing this Policy for endorsement of the payment unless the Policy has been lest or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter
13. SUBROGATION UPON PAYMENT OR SFrtLEMENT
(a) The Comnanv'a Rinht of Si ihrnentinn
Whenever the Company shall have settled and paid a claim under this Policy, all rights of subrogation shall vest in the Company unaffected by any act
of the Insured Claimant. The Company shall be subrogated to and be entitled to all nghts and remedies that the Insured Claimant would have had against
any person or property in respect to the claim had this policy not been issued. If requested by the Company, the Insured Claimant shall transfer to the
Company all rights and remedies against any person or property necessary In order to perfect this right of subrogation The Insured Claimant shall permit
the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the In any transaction or litigation involving these
rights or remedies
11 a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall be subrogated to these rights and remedies
in the proportion that the Company's payment bears to the whole amount 01 the loss
11 loss should result from any act of the Insured Claimant, as staled above, that act shall not void this Policy, but the Company, m that event, shall be
required to pay only that part of any losses insured against by this Policy that shall exceed the amount, If any, lost to the Company by reason of the
impairment by the Insured Claimant 01 the Company's right of subrogation.
(b) The Company's Rights Aoainst Non - Insured 001190rs
The Company's nght of subrogation against non - insured obligors shall exist and shall include, without limitation, the nghts 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 01 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, and service of the Company In
connection with Its issuance or the breach of a Policy provision or other obligation All arbitrable matters, when the Amount of Insurance is 51,000,000 or less
SHALL EL arbitrated at the request of either the Company or the Insured, unless the Insured is an individual person (as distinguished from a corporation, trust,
partnership, association or other legal entity) All arbitrable matters when the Amount of Insurance is in excess of 51 000 000 SHAT I RF arbitrated only when
agreed to by both the Company and the Insured Arbitration pursuant to the 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 the Date of Policy shall be binding upon the parties The award may include attorneys' fees only if the
laws of the state 111 which the land Is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by Arbitrator(s)
may be entered in any court having jurisdiction thereof
The law of the situs of the land shall apply to any arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request
15. IIABILITY LIMITED TO THIS POI ICY. POLICY ENTIRE CONTRACT
(a) This Policy together with all endorsements, ff any, attached hereto by the Company Is the entire Policy and contract between the Insured and the
Company. In interpreting any provision of this Policy, this Policy shall be construed as a whole
(b) Any claim of loss or damage whether or not based on negligence and which 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 wntin9 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. SEVERABILfTY.
In the event any provision of the Policy is held invalid or unenforceable under applicable law, the Policy shall be deemed not to Include that provision and all
other provisions shall remain in lull force and effect.
17. NOTICES WHERE SENT,
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Policy and
shall be addressed to the Company at 1945 Walnut Hill Lane, Irving, Texas 75038.
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.
It the problem Is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 787149091, Fax No. (512) 475-1771.
his notice of complaint procedure is for Information only and does not become a pert or condition of this Policy.
1
May 30, 2001
City of Round Rock
202 Brown Street
Round Rock, TX 78664
Order No.: 00- 7101365
OINIs
Alamo Title Company
One Financial Center 1717 N. IH35 Suite 150 • Round Rock, TX 78664
(512) 244 -2288 • FAX (512) 244-1001
In connection with the above captioned file, I enclose the following:
1. Original Owners Policy of Title Insurance. 33 -34 -93 -5541.
Please be reminded, that it is your responsibility to have the property assessed in your
name for the upcoming year, with all of the applicable taxing authorities.
We will maintain a complete and permanent file on your property. This will enable us to
give you prompt and efficient service in the event of a future sale or mortgage.
Should you have any questions regarding the above matter, please do not hesitate to call.
Sincerely,
Alamo Title of Travis County, Inc.
City of Round Rock
309 E. Main Street
Round Rock, TX 78664
Sincerely,
Ann Townsend/esg
Escrow Officer
EG
enclosure(s)
Owner's Policy ltzownpol.wpl)
Alamo Title Company
1717 N.11-135 #150
Round Rock, TX 78664
(512) 244 -2266 • FAX (512) 244 -1001
Cb- ?1 -r'1 (3:C1 iCyO
Date: June 20, 2001
Escrow No.: 00- 7101365 -AT
Property Address:
202 Brown Street, Round Rock, TX 78664
Enclosed please find the Owner's Policy of Title Insurance in reference to the above captioned
property.
Any recorded documents to which you are entitled will be forwarded directly to you from the
County Clerk's Office. Alamo Title Company has a permanent file for this property and we would
like the opportunity to work with you again.
As a reminder, it will be necessary for you to contact the appraisal district in your county to register
as owner of the property you have just purchased, and to apply for any tax exemptions that are
available and for which you may qualify.
We appreciate your business and hope you will let us know if you have any questions or need any
additional information. It has been a pleasure serving you.
SCANNED # (0019
TITLE COMPANY: Alamo Title Company
GF /1 NO: 00- 7101365
BUYERISI: City of Round Rock
SELLERISI: Evon McConic°
CLOSING DOCUMENTS
(Composite Form)
LENDER: N/A
PROPERTY: 202 Brown Street, Round Rock, TX 78664
By initialing one or more of the following items as may be appropriate for this transaction, each SELLER and /or
BUYER acknowledges his understanding of the disclosures being made by TITLE COMPANY and affirms the representations
made by them to TITLE COMPANY as Indicated. Each such disclosure or representation may jointly benefit both TITLE
COMPANY and its title Insurance underwriter -in- interest. Singular reference to "Seller" and "Buyer" includes multiple
individuals /entities identified above. Any numbered item not applying to this transaction may be crossed out.
Buyer's Initials 1) WAIVER OF INSPECTION. In consideration of the issuance by
TITLE COMPANY to BUYER of an Owner Policy of Title Insurance
insuring good and indefeasible title to the Property subject to the
Policy's terms and conditions, BUYER hereby waives any obligation on
the part of TITLE COMPANY to inspect the Property. BUYER agrees to
accept an Owner Policy containing the fallowing Schedule "B"
exception: "RIGHTS OF PARTIES IN POSSESSION ". Within the
meaning of this exception, "possession" shall include open acts or
visible evidenced of occupancy and any visible and apparent roadway
or easement on or across all or any part of the property. but this
exception does not extend to any right, claim, or interest evidenced by
a document recorded in the real estate records maintained by the
County Clerk of the county in which the Property is located. BUYER
agrees to be fully responsible for inspecting the Property to determine
the rights of any party in possession and assumes full responsibility for
obtaining possession from its present occupants, if any.
Buyer's Initials 2) OWNER POLICY REJECTION. Pursuant to the requirement of
TEXAS INSURANCE CODE Article 9.55, BUYER hereby acknowledges
that the Mortgagee Policy of Title Insurance to be issued under the File
number referenced above, in consideration t paid policy
premium, will ll be be issued issued for the benefit and protection n of the Lender
ONLY and that such Policy will not afford title insurance coverage to
BUYER in the event of a defect in the title to the real estate being
acquired. An Owner Policy in the amount of 80.00 may be issued for
an additional premium cost of 40.00. BUYER HEREBY REJECTS THE
ISSUANCE OF AN OWNER POLICY.
Closing Documents iiclosaoc venal
Page 1 of 4
Seller's Initials Buyer's Initials
Closing Documents rtcIoftloc wpm
3) QUALIFIED POLICY PREMIUM PASS - THROUGH. BUYER has
requested that the Owner Policy premium paid for to be paid) by
SELLER in this transaction be applied to issuance of an Owner Policy
in favor of BUYER's transferee in a subsequent, qualifying transaction.
BUYER understands that this application of the premium will not result
in issuance of any Owner Policy in favor of BUYER, and BUYER has
rejected issuance of an Owner Policy in BUYER's favor. SELLER
HEREBY CONSENTS TO THIS APPLICATION OF THE PREMIUM
CHARGED AS AGREED UPON BY SELLER AND BUYER.
Buyer's Initials 4) RECEIPT OF COMMITMENT. BUYER acknowledges having received
�f and reviewed a copy of the preliminary Title Commitment issued in
connection with the above - referenced transaction and understands
that BUYER's Owner Policy will contain the exceptions set forth in
Schedule "B" of the Commitment, together with any additional
exceptions to title resulting from the documents involved in this
transaction. The parties hereto acknowledge that they received
notification of the right to have their funds deposited in an interest -
bearing account.
Buyer's Initials 5) UNSURVEYED PROPERTY. BUYER understands that no up -to -date
survey of the Property has been done in connection with this
transaction and that the Owner Policy to be issued to BUYER will not
provide title insurance coverage against encroachment of
improvements, boundary conflicts, or other matters that would be
found by a current survey. TITLE COMPANY has not attempted to
determine if the Property lies in a special flood hazard area, and TITLE
COMPANY has not made any representation concerning proximity of
the Property in relation to any flood -plain or flood hazard area. BUYER
is advised that information concerning special flood hazard areas may
by available from county or municipal offices, a qualified surveyor or
land- engineering company, or a private flood -plain consultant.
Buyer's Initials 6) ACCEPTANCE OF SURVEY. BUYER has reviewed a copy of the
/ survey of the Property made in connection with this transaction and
acknowledges being aware of the following matters of
encroachment /conflict /discrepancy disclosed by the survey: N/A
Page 2 of 4
Seller's Initials
von McConico
Closing Document% I,dosfoe wpm
Buyer's Initials
SELL 'S SIGN
Buye Is 8) TAX RENDITION AND EXEMPTIONS. Although the Central
Appraisal District (CAD) may independently determine BUYER's new
ownership and billing address through deed - record research, BUYER is
still obligated by law to "render" the Property for taxation, by notifying
the CAD of the change in the Property's ownership and of BUYER's
proper address for tax billing. BUYER is advised that current year's
taxes may have been assessed on the basis of various exemptions
obtained by SELLER (e.g., agriculture, open land, homestead or over -
65). To the extent that BUYER may qualify to continue these
exemptions, it is the responsibility of BUYER to satisfy requirements
of the CAD within the period of time allowed. BUYER acknowledges
understanding these obligations and the fact TITLE COMPANY
assumes no responsibility for future accuracy of CAD records
concerning ownership, tax - billing address, or status of exemptions.
Buyer's Initials
7) PROPERTY TAX PRORATIONS. Property taxes for the current year
have been prorated between BUYER and SELLER, who each
acknowledge understanding that these prorations are based either on
tax amounts for the preceding year or on estimates of the appraised
value and /or estimated tax rates for the current year. SELLER agrees
that any default in prior payment of property taxes, either current or
delinquent, will on demand be promptly reimbursed by SELLER to
TITLE COMPANY. BUYER and SELLER each agree that, when amounts
of the current year's taxes become known and payable (on or about
October 151), they will adjust any matters of re- proration and
reimbursement between themselves and that TITLE COMPANY shall
have no further liability or obligation with respect to these prorations.
9) HOMEOWNER'S ASSOCIATION. BUYER acknowledges notification
that ownership of the Property involves membership in a Homeowner's
or Property Owner's Association, to which monthly or annual dues or
assessments will be owed that may be enforceable by a lien against
the Property. BUYER understands that the Association for its managing
agent) should be contacted by BUYER directly to ascertain the exact
amount of future dues or assessments. TITLE COMPANY disclaims any
knowledge of, and has made no representations with respect to, the
Association's annual budget, pending repairs or deferred maintenance,
if any, or other debts of the Association. BUYER accepts sole
responsibility to obtain such information and verify its accuracy to
BUYER's satisfaction.
Page 3 of 4
BUYER'S SIGNATURE
City of Round Rock
STATE OF TEXAS ,, 11
COUNTY OF kilt Ut OLt11nal
by
This instrument was acknowledged before me on
. ' 1 I
of City of Round Rock
a Texas corporation, on behalf of said corporation.
MY COMMISSION EXPIRES:
STATE OF TEXAS ' 1
COUNTY OF Iii C INT`
This instrument was acknowledged before me on
by Evon McConico
MY COMMISSION EXP
Closiq Documents Itclasdoc wpd)
Si- fa 4 L.
*
o
ANN B. TOWNSEND
Notary Public, State of Texas
My Commission Expires
MAY 8, 2004
;; " ;." ANN
B.
• War PUblw State of Texas
1E� MY Cwnnissim Expires
1 %1 , - - - MAY 8, 2004
Page 4 of 4
n
A
NOTARY PUBLIC, STATE OF TEXAS
PRINTED NAME OF NOTARY
510
a tAuead
NOTARY PUBLIC, STATE OF TEXAS
PRINTED NAME OF NOTARY
Co./Dept.
03/0.2/01 FRI 14:44 FAX 5122
NkTUBE SAVER. FAX MEMO 01616
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
of the County of Williamson and State of
considera and a sum of TEN AND N0 /100 ($10.00)
and other /valuable consideration to the undersigned paid by the grantee
which is hereby acknowledged,
of the County of
forever; and we
do hereby bind ourselves, our
EXECUTED this 24th day of JUNE ,A. D.1976.
Baker- Alcklen /RR
WARRANTY DEED '7566
.44 BrownSheetCrossf aO01
tf? -75
ate Bu of Tow for use by Lawyers only. 843 —IOM
form, Jill In blank ;pacer, :bike out form provisions or dneert
ores the praadae of law. No 'standard form" can meet as
gill. 655 ?AE 575 /
KNOW ALL MEN BY THESE PRESENTS:
That we, MRS. C. M. McCONICO of Bexar County, Texas; ALLIE FAYE MIDDLETON
of Bexar County, Texas; and G. W. McCONICO
Texas
for and in
DOLLARS • I
herein named, the receipt of
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
EVON McCONICO
Williamson and State of Texas , all of
the following described real property in Williamson County, Texas, to -wit:
BEING all that certain tract or parcel of land situated in Williamson County, .Texas , and
described as follows: Lot No. Twenty One (21) in Block No. Three (3) of the Town of Round
Rock. The said Town Lot being angular in shape, bounded on the North by a twenty -foot
alley, on the East by the line of Brown Street, and on the South and Southwest by the
North line of the right -of -way of the Georgetown Railroad on a curve parallel with the
main track of said railroad and fifty feet distant from the center thereof. All according
to the map of said Town recorded in volume twenty five (25), pages 314 and 315 of the
Deed Records of Williamson County, Texas; and being the same tract of land conveyed by
deed from J. E. Sullivan and wife, Elsie Sullivan, to Isaiah.McConico dated July 9, 1924,
recorded in Vol. 217, Page 86 of the Deed Records of Williamson County, Texas.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto in anywise belonging, unto the said grantee hi s heirs and assigns
heirs, executors and administrators to
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , his
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
972n.
MRS. M. c ONICQ, /
AL y# e AYEM LETON
d � •
G. W. McCONICO
1.
•
03/02/01 FRI 14:45 FAX 512249623
• ',1,-zundsr.D en
•
VOL 655 PAGE 576
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Before me, the undersigned authority; a thit day personally appeared
G. W. McCONICO
known to me to be the person. whose name 15._ subscribed to the foregoing Inetrument, and acknowledged to ma
that ho executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office on this the /4
........... day of February A. D. 19 6
Notary Publi t
c In d for Wi I 1 iamson coa
‘t)-) CZA'A
i/ .
nty, Texas...
THE STATE OF TEXAS
COUNTY OF BEXAR
Bofore me, the undersigned authority, on this day personally appeared
............... MRS. C. M. McCONICO and ALLIE FAYE MIDDLETON
known to nio to .11e.010,4ons,„ ...... whose name.g,„are subscribed to the foregoing Instrument, and acknowledged to me
the ;;:tiley •xiattceethe ISM for the purposes and consideration therein expreued.
<liven under my har(dunii mil of office on thin the
. . ..... .....
...•
County of Williwoon .
THE STATE O1' TEXAS
Disk Cervenka, Clerk of the County Court of add County, do hereby certify
that the foregoqg'Iradlliln ent( writing, with Its certificate of authentication, was flied for record in my office
on IL 1026—, at.. .... and duly recorded this
•
A. D. 10..26, ..... In the- ......
DoU .err . — Records of ,iald County, la
'sal of the County Court of said County, at ofiloe ln Cleargeleam, Texas.
7
W* 411 5 :d l a rg' t•Aage • Written. By. —.4
Vote' DICK CERVENKA, CLERK,
County Court, Williamson County, Texas
heeszt..
Baker—Alcklen/RR
(Acknowledgment) '
• (Acknowledgment)
BrownSheetCrossf 12002
Notary Public in and for Boxar MAC I EL
County, Tom
• • ,
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
Alamo Title Company
B. TYPE OF LOAN OMB 2502 -0265
1. 1 1 FHA 2, 1 FmHA 3. 1 I Cony. Unins
a. 1 I VA 5. 1 1 Conv. Ins
6. ESCROW NUMBER: 7. LOAN NUMBER:
00- 7101365
8. MORTGAGE INSURANCE NUMBER:
NOTE: THIS FORM IS FURNISHED TO GIVE YOU A STATEMENT OF THE ACTUAL SETTLEMENT COSTS. AMOUNTS PAID TO AND BY THE SETTLEMENT AGENT ARE SHOWN.
ITEMS MARKED "(P.O.C.)" WERE PAID OUTSIDE OF THE CLOSING: THEY ARE SHOWN HERE FOR INFORMATIONAL PURPOSES AND ARE NOT INCLUDED IN THE TOTALS.
D. NAME OF BORROWER:
City of Round Rock
202 Brawn Street
Round Rock, TX 78664
E. NAME OF SELLER:
Evon McConico
7713 Addicks Clodine
Houston, TX
F. NAME OF LENDER:
G. PROPERTY LOCATION:
202 Brown Street
Round Rock, TX 78664
Lot 21, Block 3, The City of Round Rock
H. SETTLEMENT AGENT:
Alamo Title Company
1. SETTLEMENT DATE:
05/08/2001
PLACE of SETTLEMENT:
1717 N. IH35 8150
Round Rock, TX 78664
J. SUMMARY OF BORROWER'S TRANSACTIONS
K. SUMMARY OF SELLER'S TRANSACTIONS
100, GROSS AMOUNT 008 FROM BORROWER
400. GROSS AMOUNT DUE TO SELLER
101. Total Consideration
75,000.00
401. Total Consideration
75,000.00
102. Personal Property
402. Personal Property
103. Settlement charges t0 borrower (line 1400)
909.48
403.
104.
404.
105.
405.
Adjustments: Items Paid by Seller in Advance
Adjustments: Items Paid by Seller in Advance
106. City/Town Taxes
406. City/Town Taxes
107. County Taxes
407. County Taxes
108. Assessments
408. Assessments
109.
409.
110.
410.
111.
411.
112.
412.
113.
413.
114.
414.
115.
415.
116.
416.
117.
417.
118.
418.
120. GROSS AMOUNT DUE FROM BORROWER
75,909.48
420. GROSS AMOUNT DUE TO SELLER
75,000.00
200. AMOUNTS PAYS BY OR IN BEHALF OF BORROWER
9IS, R£OU T1QNS IN AMOUNT DUE TO SELLER
201. Deposit or earnest money
1,000.00
801. Excess deposit (see inst.)
202. Principal amount of new loan(s)
802. Settlement charges to seller (line 1400)
203. Existing loan(s) taken subject to
603. Existing loan(s) taken subject to
204.
604.
205.
605.
206.
606.
207.
607.
208.
808.
209.
609.
Adjustments: Items Unpaid by Seller
Adjustments: Items Unpaid by Seller
210. City/Town taxes
610. City/Town Taxes
211. County Taxes
611. County Taxes
212. Assessments
612. Assessments
213.
613.
214.
614.
215.
615.
216.
616.
217.
617.
218.
618.
219.
619.
220. TOTAL PAID BY /FOR
BORROWER
1,000.00
620. TOTAL REDUCTIONS IN
AMOUNT DUE SELLER
0.00
300, CASH AT SETTLEMENT FROM/TO BORROWER
100- CASH AT SETTLEMENT FROM/TO SELLER
301. Gross amount due from borrower (line 120)
75,909.48
801. Gross amount due to seller (line 420)
75,000.00
302. Less amounts paid by /for borrower (line 220)
1,000.00
802. Less reduction in amount due seller (In 520)
0.00
303. CASH (XX FROM) I TO) BORROWER
74,909.48
303. CASH ( FROM) (XX TO) SELLER
75,000.00
L. SETTLEMENT STATEMENT Escrow: 00- 7101365
300.'I'OTALSALESISSOKER'S COMMISSION based on miss 975,000.00 @ 000% a $0,00 ,
PAID FROM
BORROWER'S
FUNDS AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS AT
SETTLEMENT
Division of Commission (line 700) as follows:
701.
702.
703.
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan origination fee
802. Loan Discount
803. Appraisal foe
804. Credit report
805. Lender's inspection fee
806. Mortgage Insurance Application Fee
807.
808.
809.
810
811.
812.
813.
814.
900. ITEMS REQUIRED SY LENDER TO BE PAID IN ADVANCE
901. Int @ Day from to
902. Mortgage Insurance Premium
903.
904.
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance months @ 9 per month
1002. Mortgage Insurance months @ 9 per month
1003. City property taxes months @ S per month
1004. County property taxes months @ $ per month
1005. Annual assessments months @ $ per month
1006.
1007.
1006.
1100. ESCROW AND TITLE CHARGES
1101. Settlement or closing fee
1102. Abstract or Title Search
1103. Title Examination
1104. Title Insurance Binder
1105. Doc Prep Fees - Sheets and Crossfield
70.00
1106. Notary fees
1107. Attorney Fees
1108 Title Insurance Alamo Title Company
792.00
1109. Mortgagee's coverage - 80.00 @ S0.00
1110. Owner's coverage Single Issue 875,000.00 @ 6792.00
1111. Tax Certificate payable to Texas Real Tax
32.48
1112.
1113.
1114.
1115.
1116.
1200, GOVERNMENT RECORDING AND TRANSPSR CHARGES • '
1201. Recording Fees: Deed 9 15.00 Mortgage 80.00 Releases 90.00
15.00
1202. City /County tax /stamps: Deed 9 Mortgage 8
1203. State tax /stamps: Deed 9 Mortgage 8
1204.
1205.
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302. Pest Inspection to
1303.
1304. i
1305.
1306.
1307.
1308.
1309.
1310.
1311.
1400. TOTAL SETTLEMENT CHARGES (enter on lines 103, Section J and 502, Section KI
909.48
0.00
Tuesday, May 8, 2001, 11:08
GF #: 00- 7101365
DEPOSITS TO ESCROW
City of Round Rock 1,000.00
The Seller's and Borrower's signatures hereon acknowledge their approval and signify their understanding that tax and Insurance prorations
and reserves are based on figures for the preceding year or supplied by others or estimated for the current year, and In the event of any
change for the current year, all necessary adjustments will be made between Borrower and Seller directly. Any deficit in delinquent taxes
or mortgage payoffs will be promptly reimbursed to the Settlement Agent by the Seller. In the event a Real Estate Agent negotiated the
transaction such Agent may be furnished a copy of this statement.
I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement
of all receipts and disbursements made an my account or by me in This transaction. 1 further certify that I have received a copy of the HUD -1
Settlement Statement.
I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment.
BORROWER'S:
City of Round Rock
B
SELLER'S:
/14.71. 6- 11.-u/
von McConico
BUYER SELLER
I have ca sed or will cause the funds to be disbursed in accordance with the HUD -1 Statement which I have prepared.
r
Lu,L aa,u2AcL 161
Settlement Agent
WARNING: It is a crime to knowingly make false statements to the United States on thls or any similar form. Penalties upon conviction can
include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.
ATTACHMENT TO HUD
Date