R-01-04-12-14D2 - 4/12/2001ST:
RESOLUTION NO. R- 01- 04- 12 -14D2
WHEREAS, the City desires to purchase a 0.005 acre tract of land
for additional right -of -way for SH 45, and
WHEREAS, Round Rock Homestead III Apartments Ltd., the owner of
the property, has agreed to sell said property to the City, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Real Estate Contract with Round Rock Homestead III
Apartments Ltd., for the purchase of the above described property, a
copy of said Real Estate Contract being attached hereto and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 12th day of April
E LAND, City Secretary
0AWP \RRSOLDTI \R1 /nc
ROBS T 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 ROUND ROCK
HOMESTEAD III APARTMENTS LTD., a Texas limited partnership (referred to
in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home
Rule City of 221 E. Main St. Round Rock, Williamson County, Texas
(referred to in this Contract as "Purchaser "), upon the terms and
conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, that certain parcel of land containing
approximately 0.005 acres of land (233 square feet) situated in
Williamson County, Texas, being more particularly described as follows:
Parcel # 147: 0.005 acre tract, (233 square feet) as more
particularly described in Exhibit A, attached hereto and
incorporated herein;
together with all and singular the rights and appurtenances pertaining
to the property, including any right, title and interest of Seller in and
to adjacent streets, alleys or rights -of -way (all of such real property,
rights, and appurtenances being referred to in this Contract as the
"Property "), together with any improvements, fixtures, and personal
property situated on and attached to the Property, for the consideration
and upon and subject to the terms, provisions, and conditions set forth
below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of One
Thousand, Three Hundred Four and No /100 Dollars ($1,304.00.)
c. \wpmcs \acxn \sx
1
'1"m' Homestead \contract \s - as ol.wpd /oia
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the consent of Seller's
lender to release the Property from its lien and financing statement, and
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).
Conditions to Seller's Obligations
3.02. The obligations of Seller hereunder to consummate the
transaction contemplated hereby are subject to the consent of Seller's
lender to release the Property from its lien and financing statement.
Preliminary Title Commitment
3.03. Within ten (10) days after the date hereof, Purchaser, at
Purchaser's sole cost and expense, shall have caused First American Title
Company (the "Title Company ") of 2120 N. Mays, Suite 450, Round Rock,
Texas 78664, to issue an updated preliminary title report (the "Title
Commitment "). Purchaser shall give Seller written notice on or before
the expiration of three (3) days after Purchaser receives the updated
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 may, but shall not be
obligated, to eliminate or modify all unacceptable matters to the
reasonable satisfaction of Purchaser. In the event Seller is unable, or
unwilling 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 Title Company on or before May 1,
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 ").
2
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special
Warranty Deed conveying good and indefeasible 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 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) The aforesaid Special Warranty Deed will include provisions
that (1) it is being delivered in lieu of condemnation and (2)
Seller has made no representations or warranties concerning
the Property and that Purchaser is purchasing the Property AS
IS.
(d) As provided in paragraph 9.01 below, Seller is delivering to
Purchaser possession of the Property as of the date of this Contract.
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
3
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 relating to the Property and then due and
payable, shall be paid by Seller. Purchaser will bear the burden of
paying any rollback taxes, if any, resulting from a change of use of the
Property.
Closing Costs
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Purchaser;
Title curative matters, if any, paid by Purchaser;
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 Five Hundred Dollars ($500.00), 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, or the failure of
4
any condition to Seller's obligations provided herein, 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) bring suit for specific
performance, or (3) receive the Escrow Deposit from the Title Company,
the sum being agreed on as liquidated damages for the failure of
Purchaser to perform the duties, liabilities, and obligations imposed
upon it by the terms and provisions of this Contract, and Seller agrees
to accept and take this cash payment as its total damages and relief and
as Seller's sole remedy hereunder in such event.
ARTICLE IX
SPECIAL PROVISIONS
Possession and Use Agreement
9.01. For the consideration to be paid by the City which is set
forth in Paragraph 2.01 above, Grantor hereby grants, bargains, sells and
conveys to the City exclusive immediate possession and use of the
Property for the purpose of constructing a highway or turnpike project
and appurtenances thereto and the right to remove any improvements. The
foregoing grant will extend to the City, its contractors, assigns and /or
owners of any existing utilities on the Property and those which may be
lawfully permitted on the Property by the City in the future. This grant
will allow the construction, relocation, replacement, repair,
improvement, operation and maintenance of these utilities on the
Property, to begin immediately and prior to the closing date. The purpose
of this grant is to allow the City to proceed with its construction
project without delay.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10.01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
5
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.
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.
6
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.
-"
ROUND ROCK HO ESTEAD III MENTS LTD
SELL
Date:
PURCHASER:
ert A. Stluk Jr., Mayor
221 E. Main Street
Round Rock, Texas 78664
Date: 4
7
y ee.,4 General Partner
Exhibit A
Property Descriptions
8
County: Williamson
Parcel No.: 147
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 147
Page 1 of 3
May 30, 2000
DESCRIPTION OF 0.005 ACRE (233 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2,
BLOCK A, FINAL PLAT OF STONEHAVEN, A SUBDIVISION OF RECORD IN CABINET R, SLIDE 156,
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND
CONVEYED IN THE SPECIAL WARRANTY DEED TO RR HOMESTEAD III APARTMENTS, LTD. AND
RECORDED IN DOCUMENT NO. 9912719, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS, SAID
0.005 ACRE (233 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT -OF -WAY PLAT PREPARED BY SAM,
INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set in the
proposed north right -of -way (ROW) line of State Highway 45, same being the northeast corner of the tract described
herein, and being 233.03 feet left of Survey Baseline Station 620+48.91, from which a calculated angle point in the
east line of said Lot 2, same being the west line of Lot 1, Block A of said Stonehaven Subdivision, being that same
Lot 1 conveyed to 2300 MacArthur, Ltd. and recorded in Document No. 199953439, Official Public Records
Williamson County, Texas, bears N 06° 00' 58" W, a distance of 286.39 feet:
1) THENCE with said common line S 06° 00' 58" E, a distance of 4.24 feet to a 1/2 -inch iron rod found in the
existing north ROW line of State Highway 45 as conveyed to the State of Texas and recorded in Volume
1544, Page 20, Official Records Williamson County, Texas;
2) THENCE with the existing north ROW line of said State Highway 45, same being the south line of said
Lot 2 S 73° 30' 05" W, a distance of 111.41 feet to a TxDOT Type II ROW Monument set , from which a
1/2 -inch iron rod found for the southwest corner of said Lot 2, same being in the east line of a 41.10 acre
tract conveyed in the General Warranty Deed to Dell Computer Holdings, L.P. and recorded in Document
No. 9606843 Official Records Williamson County, Texas, bears S 73° 30' 05" W, a distance of 407.39 feet;
FN1755R1 20081 -20
3) THENCE crossing said Lot 2, N 71° 22' 12" E, a distance of 112.26 feet to the POINT OF BEGINNING
and containing 0.005 acre (233 square feet) of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF TRAVIS
I
I
i
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 6 day of June, 2000.
Page 2 of 3
May 30, 2000
That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein was
determined by a survey made on the ground April 2000 under my direction and supervision.
1 Michae R. Hatcher —�
Regist d Professional Land Surveyor
No. 4259 - State of
FN1755R1 20081 -20
WILLIAMSON COUNTY. TEXAS
SCALE
T" =100'
4 �P >,o ( SURVEY BASELINE
CURVE DATA
P1 57o 608.79.45
E
/' - 01398565082
3139856.1589
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v I O• X07'1.Y(LTJ
i ((:)5. L - 164817 /
• I ? T • 824.41'
! P.O.R •
ASA THOMAS SURVEY A -609 �
DETAIL A J
f �
' 'PO ` ��T�h°
PARCEL 147 �
/ 1 N 670.46.91 1 + 1 O
1 - 1015(553.68730 \ ' I 0.0 R 0 VA l
/CI ,yL E. 314088331741' ij J Q "1 k�
I x 506.0 58 " it I t .. G
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4.
4T . T 5' :. • : �•/ 4.24 "�:' / ' i I �•
PC 510 600.55.04 f
PT 617.9315 • ; ..� r O .../4./...... Pty �' O .
Q h
./ LOT 2 BLOCK A_ r '.:' 1 o Q'C1 �
' °
FINAL PLAT OF STONEHAVEN'' I ,. t.
CABINET R SLIDE 156 ,. -->, "'
, 1 13 � •Z' 4 0 J r .
/-_,.,---•. P.RAW:CTX. i s I m i 1 . o: In ir
FINAL
RR HOME t o h G ....
/ . , DOC, No ..99127 49 ,r, I, -s-43.'Z'
f j j O.R.W.C.Tx. -- '-ice ? - IZ Jo ci
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,_EXISTII7G 4EIN
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ZSTATE OF F TEXAS
/ t L/ o \1.62Q 'ACRES
VOL.- 15'4 -4, PG. 20
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615 ••-'-
NOTES
1 (S73 30'05 "W 407.39'
6 I
1 I
CONTROL- OP-ACGE -LINE—
.3 ' LT
E 506IZ.45L
SURVEY BASELINE
MEMUCAN HUNT
BEARINGS AND COORDINATES ARE BASED ON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83,
CENTRAL ZONE AND ADJUSTED TO SURFACE USING
A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS
PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC.
IMPROVEMENTS SHOWN HEREON ARE BASED UPON
TXDOT AERIAL SURVEY DIGITAL FILES. THERE MAY BE
ADDITIONAL UNDERGROUND, OR OTHER, IMPROVEMENTS
NOT SHOWN.
DETAILS ARE NOT DRAWN TO SCALE.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE
GROUND UNDER MY DIRECTION AND SUPERVISION AND THAT
THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
LJCiA �l� oD
MICH L R. HATCH R DA
REGIS ERED PROFESSIONAL LAND SURVEYOR
NO. 4 59, STATE OF TEXAS
4029 pW W Texas 4090
inc. &080 Oak: Pldesabnal
Auotln, Texas 70704 a ' 6M1B 125
(512) 447-0575
F. (5121326 -298
STATE', HIGHWAY 45
LOUIS• HENNA BLVD. -
(VARIABLE WIDTH R.O.W.) ;
- (OIO(NALPCOUNTY - ROAD -770 °I - -
ND RECORDING DATA FOUND) 1
_ C IS- TING CLA LINE
619.96 66 S73° 3P'055W 1
234,39' LT 111, 41' - I -- 'DETAIL A
/ (075 "W] I
/ — I
APPROXIMATE LOCATION OF SURVEY LINE _
•
SURVE A -319
LEGEND
TYPE 1CONCRETE MONUMENT FOUND
TYPE II CONCRETE MONUMENT FOUND
TYPE •CONCRETE MONUMENT SET
%•' PPE FOUND UNLESS NOTED
Y" RON ROD SET W/ TXDOT CAP UNLESS NOTED
%" RON ROD FOUND UNLESS NOTED
60 0 NAL SET UNLESS NOTED
60 D NAIL FOUND UNLESS NOTED
CALCULATED PORT
PROPERTY LNE
4 CENTER LNE
[
• RECORD 6/0906TION
▪ B. POINT OF BEGINNING
• C POINT OF COMMENCING
P.OR POINT OF REFERENCE
P.C. PONT OF CURVATURE
P.T. PORT OF TANGENCY
Ni NON-TANGENT CURVE
R: RON R00 FOUND
P F RON PIPE FOUND
Pu.E. PUBLIC UTILITY EASEMENT
00.0 N 0 1.. OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY. TEXAS
8.0 0.1.. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS
PA 0..T. PLAT RECORDS 8LLIAMSON COUNTY, TEXAS
000.0 T.. DEED RECORDS WLLINA50N COUNTY, TEXAS
RIGHT -OF -WAY PLAT
SHOWING PROPERTY OF
RR HOMESTEAD III APARTMENTS, LTD.
PAGE 3 OF 3
REF. FIELD
NOTE NO. 1755R1
PARCEL 147
1
0.005 Acres of Land for the SH-45 Project
(#747)
DATE: April 6, 2001
SUBJECT: City Council Meeting — April 12, 2001
ITEM: * 14.D.2. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Round Rock Homestead III Apartments,
Ltd. for right -of -way for the SH 45 roadway project.
Resource: Steve Sheets, City Attomey
Julie Wolff, Legal Assistant
History: This contract with Round Rock Homestead III Apartments Ltd. is for the
acquisition of right of way for the SH45 project. On October 26, 2000, the
Round Rock City Council passed an ordinance determining the need and
necessity for this acquisition.
Funding:
Cost: $1,304.00
Source of funds: Round Rock Transportation Development Corporation Sales Tax
Outside Resources: None
Impact/Benefit: Increased mobility in the south quadrant of the City.
Public Comment: N/A
Sponsor: N/A
RoCelVed: 5/25/01 10:24AM; 512 479 6669 -> AEGIS REALTY GROUP; Page 5
05735/01' FRI 10:05 FAX 512 479 6689 AUSTIN TITLE COMPANY
g.
41"6 Girit 818.532 ,39 di and
CASH WARRANTY DEED
N
1T
0. Date: 2001
Grantor: RR HOMESTEAD In APARTMENTS, LTD.
\O Grantor's Mailing Address (including county):
CJ RR HOMESTEAD III APARTMENTS, LTD.
o S><Go
H pit/Mc' 7 75 County
O Grantee: CITY OF ROUND ROCK
N
Grantee's Mailing Address (including county):
CITY OF ROUND ROCK
221 EAST MAIN
ROUND ROCK, TEXAS 78664
WILLIAMSON COUNTY
CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable consideration.
PROPERTY (including any improvements):
BEING 0.005 acres of land, more or less, being a portion of Lot Two (2), Block "A ",
STONEHAVEN, a subdivision in Williamson County, Texas, according to the map
or plat thereof, recorded in Cabinet R, Slide 156, Plat Records, Williamson County,
Texas, said tract being more particularly described by metes and bounds in Exhibit
"A ", attached hereto and made a part hereof.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights and prescriptive rights, whether of record or not; all presently recorded restrictions,
reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments,
other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current
year, the payment of which Grantee assumes.
Grantor, for the consideration, receipt of which is aclotowledged, 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.
RR HOMESTEAD III APARTMENTS, LTD.
CASH WARRANTY DEED - PAGE 1
c.Nxe .laeWac.t.. /Ra
21005
.S P/ �S
Received: 5/25/01 10:24AM; 512 470 6669 -> AEGIS REALTY GROUP; Page 6
05725/01 FRI 10:05 FAX 512 479 6669 AUSTIN TITLE COMPANY
STATE OF TEXAS
COUNTY OFi I*MS8N
ACKNOWLEDGMENT
This instrument was acknowledged before me on the c day o 2001, by
Tstk u.)&11/-0/ of RR HOMESTEAD Tii APARTMENTS, LTD.. a
corporation, on behalf of said corporation.
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Austin Title Company
xe 101 E. Old Settler's Blvd.
Suite 100
Round Rock, Texas 78664
CASH WARRANTY DEED - PAGE 2
C. \Yxne \003YDC.MeO/kg
Notary Public, State of T
ANN IV. BZDAWKA
N °•ary Public
S' c OF TEXAS
My Comm, Expires 12.06 -2003
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
e 006
County: Williamson
Parcel No.: 147
Highway: State Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east of CR 170
CSJ:
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 147
Page 1 of 3
May 30, 2000
r•
DESCRIPTION OF 0.005 ACRE (233 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2,
BLOCK A, FINAL PLAT OF STONEHAVEN, A SUBDIVISION OF RECORD IN CABINET R, SLIDE 156,
PLAT RECORDS OF WIIJJAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND
CONVEYED IN THE SPECIAL WARRANTY DEED TO RR HOMESTEAD III APARTMENTS, LTD. AND
RECORDED IN DOCUMENT NO. 9912719, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS, SAID
0.005 ACRE (233 SQUARE FEET) TRACT, AS SHOWN ON A RIGHT -OF -WAY PLAT PREPARED BY SAM,
INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 112 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set in the
proposed north right -of -way (ROW) line of State Highway 45, same being the northeast corner of the tract described
herein, and being 233.03 feet left of Survey Baseline Station 620+48.91, from which a calculated angle point in the
east line of said Lot 2, same being the west line of Lot 1, Block A of said Stonehaven Subdivision, being that same
Lot 1 conveyed to 2300 MacArthur, Ltd. and recorded in Document No. 199953439, Official Public Records
Williamson County, Texas, bears N 06° 00' 58" W, a distance of 286.39 feet:
1) THENCE with said common line S 06° 00' 58" E, a distance of 4.24 feet to a 1/2 -inch iron rod found in the
existing north ROW line of State Highway 45 as conveyed to the State of Texas and recorded in Volume
1544, Page 20, Official Records Williamson County, Texas;
2) THENCE with the existing north ROW line of said State Highway 45, same being the south line of said
Lot 2 S 73° 30' 05" W, a distance of 111.41 feet to a TxDOT Type II ROW Monument set , from which a
1/2 -inch iron rod found for the southwest corner of said Lot 2, same being in the east line of a 41.10 acre
tract conveyed in the General Warranty Deed to Dell Computer Holdings, L.P. and recorded in Document
No. 9606843 Official Records Williamson County, Texas, bears S 73° 30' 05" W, a distance of 407.39 feet;
FN1755R1 20081 -20
3) THENCE crossing said Lot 2, N 71° 22' 12" E, a distance of 112.26 feet to the POINT OF BEGINNING
and containing 0.005 acre (233 square feet) of land, more or less.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83:
THE STATE OF TEXAS
COUNTY OF TRAVIS
1
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
06- 07- 200x02:43 PM 2001040261
SUSIE $15.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Page 2 of 3
May 30, 2000
That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described herein was
determined by a survey made on the ground April 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 6" day of June, 2000.
Michae R. Hatcher
Regist Professional Land Surveyor
No. 4259 - State of
FN1755R1 20081 -20
ISSUED BY
Luyers7rtle Insurance rpo „ ration
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of
Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the
insured by reason of:
1. Title to the estate or interest descnbed in Schedule A being vested other than as stated therein:
2. Any defect in or Tien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materiatmen's lien for labor or material having its inception on or before Date of Policy;
4. Lack of a nght of access to and from the land;
5. Lack of good and indefeasible lille
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided In the
Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers, the Policy to become valid when countersigned by an authonzed officer or agent of the Company.
Attest
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Cover Page
Form 1178 -22
r4E�tl5a. 11 .AN E�Ih
SEALII By:
Secretary y �j'; 1 925 .4.
r tr r `
EXCLUSIONS FROM COVERAGE
ORIGINAL
OWNER'S POLICY OF TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION
? . V
President
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' tees 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) restncting,
regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking that has occurred prior to Date of Policy which would be binding on the nghts 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 tothe 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 descnbed In Schedule A because of
unmarketabllity 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
distnbution or voidable dividend,
(u) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable
subordination or
(Ili) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer
results from the failure of the Company or 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.
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 nghts 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, distnbutees, 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 distnbution of the assets of the corporation upon partial or complete
liquidation,
(in the partnership successors In Interest to a general or limited
partnership which dissolves but does not terminate,
(0) the successors in Interest to a general or limited partnership resulting
from the distribution of the assets of the general or limited partnership upon partial or
complete liquidation,
(iv) the successors in interest to a joint venture resulting from the
distnbution of the assets of the joint venture upon partial or complete liquidation,
(v) the successor or substitute trustee(s) of a trustee named in a written
trust instrument, or
(vi) the successors in interest to a trustee or trust resulting from the
distnbuhon of all or part of the assets of the trust to the beneM1Canes 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 pubic records as defined In
this policy or any other records which impart constructive notice of matters affecting the
land.
(d) 'land. the land described or referred 10 m Schedule A, and Improvements
affixed thereto that by law constitute real property. The term 'land does not include any
property beyond the lines of the area descnbed or referred l0 in Schedule A, nor any
nght, title, interest. estate or easement in abutting streets. roads. avenues. alleys, lanes.
ways or waterways, but nothing herein shall modify or limit the extent to which a nght of
access to and from the land is insured by this policy
(0) '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 property 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
liens filed in the records of the clerk of the United States district court for the district in
which the land is located
(g) 'access% legal right of access to the land and not the physical condition of
access. The coverage provided as to access does not assure the adequacy 01 access
for the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage 01 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 poky shall not continue in force In favor of any purchaser from the Insured of either
(q an estate or interest in the land, or (in) 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 wnting (i) in case of any litigation
as set forth in Section 4(a) below, or (1) in case knowledge shall come to an Insured
hereunder of any claim of title or Interest that Is adverse to the title to the estate or
Interest, as insured, and that might cause loss or damage for which the Company may
be liable by venue of this policy. 11 prompt notice shall not be given to the Company,
then as to the insured all Ilabillty 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 nghts of any insured under this policy
unless the Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
When, after the date of the policy, the insured notifies the Company as required
herein of a ben, 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 hen, encumbrance, adverse claim or defect fs valid and not barred by law or
statute The Company shall notify the insured in writing, within a reasonable time. of Its
determination as to the validity or invalidity of the insureds claim or charge under the
policy If the Company =dudes that the lien, encumbrance, adverse claim or defect is
not covered by this policy, or was otherwise addressed in the closing of the transaction
m connection with which this policy was issued, the Company shall specifically advise
the Insured of the reasons for ms determination. If the Company concludes that the lien,
encumbrance, adverse claim or defect Is valid, the Company shall take one of the
following actions (i) Institute the necessary proceedings to dear the lien, encumbrance,
adverse claim or defect front the title to the estate as insured; (il) indemnity the insured
as provided in this policy; (iii) upon payment of appropriate premium and charges
therefor, Issue to the Insured claimant or to a subsequent owner, mortgagee or holder of
the estate or interest in the land Insured by this policy, a policy of title insurance without
exception for the ben, 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 m connection with Its
Issuance of a policy(tes) of title Insurance without exception for the Tien, 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 (1) through (v)
herein.
•
CONDITIONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT
TO COOPERATE
(a) Upon wntten request by the Insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third party asserts a claim adverse to the title or Interest as Insured, but only
as to those stated causes of adorn 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 mil not pay the lees 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
matters not insured against by this policy,
(b) The Company shall have the right, at Its own cost, t0 Institute and prosecute
any action or proceeding or to do any other ad that In Its opinion may be necessary or
desirable to establish the title to the estate or interest, as insured, or to prevent or
reduce loss or damage to Insured. The Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy If the Company shall
exercise its nghts under this paragraph, it shall do diligently
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the nght, In (s sole discretion, l0 appeal from any adverse judgment
or order
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals herein, and permit the Company to use, at its option, the name of the insured
for this purpose. Whenever requested by the Company, the Insured, at the Company's
expense, shall give the company all reasonable aid (i) in any action or proceeding,
secunng evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or e0eding settlement, and (n) in any other lawful act that In the opinion of
the Company may be necessary or desirable to establish the title to the estate or
interest as insured If the Company Is prejudiced by the failure of the Insured to furnish
the required cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 91 days
after the insured shall ascertain the facts giving rise to the loss or damage The proof of
loss or damage shall descnbe the defect In, or lien or encumbrance on the title, or other
matter insured against by this policy that constitutes the basis of Mss or damage and
shall slate, to the extent possible, the basis of calculating the amount of the loss or
damage. II the Company is prejudiced by the failure of the Insured claimant to provide
the required proof of loss or damage, the Company's obligations to the insured under
the policy shall terminate, Including any liability or obligation to defend, prosecute. or
continue any litigation, with regard to the matter or matters requiring such proof of loss
or damage
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authonzed representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authonzed representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date
before or after Date of Policy, which reasonably pertain to the loss or damage Further, if
requested by any authonzed representative of the Company, the Insured claimant shall
grant Its permission, in wnting, 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 10 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 daim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy,
together with any costs, attorneys' fees and expenses Incurred by the Insured claimant,
which were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated to pay
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation
continued on next page at cover sheet
0218543 L 491 $ * * * ** *1,304.00 • 5* ** *270.00 1000
CASE NUMBER
2001 RR 218543 -H (215) /khs
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Schedule A
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF
POLICY '
6/ 7/2001
SCHEDULE A
AMOUNT OF
INSURANCE
$ * * * ** *1,304.00
AUSTIN TITLE COMPANY
POLICY NUMBER
., .. '
0218543
1. Name of Insured:
CITY OF ROUND ROCK
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK
4. The land referred to in this policy is described as follows:
0.005 ACRES OF LAND MORE OR LESS, BEING A PORTION OF LOT TWO (2) BLOCK
"A ", STONEHAVEN, A SUBDIVISION IN WILLIAMSON COUNTY TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN CABINET R SLIDE 156 PLAT RECORDS
METES AND A "TATTACHEDNHERET0. PARTICULA DDESCRIBED � Y
Countersigned By:
Autnorizea Lountersignatute
Valid Only If Schedule B
And Cover Page Are Attached
(
(
County: Williamson
Parcel No.: 147
Highway: Slate Highway 45
Limits: From: Greenlawn Boulevard
To: 1919 feet east ofCR 170
CSJ:
EXHIBIT A
FIELD NOTE DESCRIPTION FOR PARCEL 147
Page 1 of 3
May 30, 2000
DESCRIPTION OF 0.005 ACRE (233 SQUARE FEET) TRACT OF LAND LOCATED IN THE ASA THOMAS
SURVEY, ABSTRACT NO. 609 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2,
BLOCK A, FINAL PLAT OF STONEHAVEN, A SUBDIVISION OF RECORD IN CABINET R, SLIDE 156,
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND
CONVEYED IN THE SPECIAL WARRANTY DEED TO RR HOMESTEAD BI APARTMENT'S, LTD. AND
RECORDED IN DOCUMENT NO. 9912719, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS, SAID
0.005 ACRE (233 SQUARE 1 TRACT, AS SHOWN ON A RIGHT PLAT PREPARED BY SAM,
INC. FOR THIS PARCEL, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 -inch iron rod with a Texas Department of Transportation (TxDOT) aluminum cap set in the
proposed north right (ROW) line of State Highway 45, same being the northeast corner of the tract described
herein, and being 233.03 feet left of Survey Baseline Station 620+48.91, from which a calculated angle point in the
east line of said Lot 2, same being the west line of Lot 1, Block A of said Stonehaven Subdivision, being that same
Lot 1 conveyed to 2300 MacArthur, Ltd. and recorded in Document No. 199953439, Official Public Records
Williamson County, Texas, bears N 06° 00' 58" W, a distance of 286.39 feet:
1) THENCE with said common line S 06° 00' 58" E, a distance of 4.24 feet to a 1/2 -inch iron rod found in the
existing north ROW line of State Highway 45 as conveyed to the State of Texas and recorded in Volume
1544, Page 20. Official Records Williamson County, Texas;
2) THENCE with the existing north ROW line of said State Highway 45, same being the south line of said
Lot 2 S 73° 30' 05" W, a distance of 111.41 feet to a TxDOT Type IT ROW Monument set , from which a
1/2 -inch iron rod found for the southwest corner of said Lot 2, same being in the east line of a 41.10 acre
tract conveyed in the General Warranty Deed to Dell Computer Holdings, L.P. and recorded in Document
No. 9606843 Official Records Williamson County, Texas, bears S 73° 30' 05" W, a distance of 407.39 feet;
FN1755R1 20081 - 20
3) THENCE crossing said Lot 2, N 71 22' 12" E, a distance of 112.26 feet to the POINT OF BEGINNING
and containing 0.005 acre (233 square feet) of land, more or Tess.
BEARING BASIS: Texas State Plane Coordinate System, Central Zone, NAD 83:
THE STATE OF TEXAS
COUNTY OF TRAVIS
SURVEYING AND MAPPING, Inc.
4029 Capital Of Texas Hwy., So. Suite 125
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
Page 2 of 3
May 30, 2000
That 1, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and cornet to the best of my knowledge and belief and that the property described herein was
determined by a survey made on the ground April 2000 under my direction and supervision.
WITNESS MY HAND AND SEAL at Austin, Travis County, Texas this the 6' day of June, 2000.
Michae R. Hatcher
Regist Professional Land Surveyor
No. 4259 - State of
FN1755R1 20081 -20
CASE NUMBER
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
2001 RR 218543 - H (215) /khs 6/ 7/2001
SCHEDULE B
' DATE OF POLICY NUMBER
POLICY
0218543
This policy does not insure against loss or damage (and the Company will
not pay costs, attorney's fees or expenses1 that arise by reason of the terms
and conditions of the leases or easements insured, if any, shown in Schedule A
and the following matters:
1. The following restrictive covenants of record itemized below (the Company
must either insert specific recording data or delete this exception):
DOCUMENT #9913777, OFFICIAL PLAT WILLIAMSON TEXAS.
TEXAS AND
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any
spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to,
persons the public, corporations, government or o 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 iqulkhead lines as established
or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of
vegetation or the right of access to that area or easement along and
across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year
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 following matters (We must insert matters or delete this exception.):
RIGHTS OF PARTIES IN POSSESSION.
7. AN EASEMENT DATED OCTOBER 6 1936 GRANTED TO TEXAS POWER AND LIGHT
COMPANY BY G.W. GLENN AND W BETTIE GLENN, RECORDED IN VOLUME 281, PAGE
T SMISSION , RIGHTS RECITED THEREIN)
LIGHT COMPANY BY BILLY WRAY INN OLUME 5 2 4 P AG E 27 AND DEED
RECORDS WILL , S. ( EASEMENT FOR ELECTRIC POWER LINE,
9. A EASEMENT AND MEMORANDUM OF AGREEMENT DATED SEPTEMBER 27, 2000, EXECUTED
( CONT. ON SCH. B, PIE 2 )
Texas Owner's Policy T -1 (Rev. 1 - - 93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2001 RR 218543 -H (215) /khs 6/ 7/2001 0218543
SCHEDULE B
REC RDED E AS E DOCUMENT #2000 229 LTD., , FFICIAL PUBLIC WILLIAMSON
COUNTY TEXAS AND FURTHER AFFECTED BY DOCUMENT #2000072292, OFFICIAL
RECORDS, WILLIAMSON COUNTY, TEXAS.
10. LICENSE AND DATED LTD9, RECORDED AS DOCCUUMENTW#97r17066 OF
,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.
11. THE RIGHTS OF BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO.1 TO
LEVY TAXES AND ISSUE BONDS AS SET OUT IN INFORMATION FILED BY SAID DISTRICT
IN THE RECORDS OF THE COUNTY CLERK OF WILLIAMSON COUNTY, TEXAS.
12. ASSESSMENTS AND LIEN IN FAVOR OF SOUTHEAST WILLIAMSON COUNTY ROAD DISTRICT
NO.1 AS SET OUT IN ORDER OF THE COMMISSIONER'S COURT OF WILLIAMSON COUNTY,
TEXAS, RECORDED IN THE COMMISSIONER'S COURT MINUTES OF WILLIAMSON COUNTY,
TEXAS AND AS AFFIRMED BY JUDGMENT IN CAUSE NO.93- 115C277 IN THE 27TH
JUDICIAL COURT OF WILLIAMSON COUNTY, TEXAS.
13. ORDINANCE NO.Z- 97- 02 -13 -9F OF THE CITY OF ROUND ROCK, RECORDED IN DOCUMENT
#9711659, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
14. POSSESSION INCLUDING BUT E NOT T LIMITED THHAT LEASE, AS
DISCLOSED NY INSTRUMENT RECORDED IN DOCUMENT #9913777, OFFICIAL PUBLIC
RECORDS, WILLIAMSON COUNTY, TEXAS.
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Schedule B
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
Valid Only If Schedule A
And Cover Page Are Attached
B 1178 -22
(6) To Pay or Ciherwise 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 polity, together with any costs,
attorneys' fees and expenses incurred by the insured claimant, which were authorized
by the Company up to the 1me of payment and which the Company is obligated to pay,
or
( 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 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 (5)0) or (11), the Companys obligations to the insured under this policy for
the claimed loss or damage, other Than the payments required to be made, shall
terminate, mcludmg 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
reason of matters insured against by this policy and only to the extent herein described
(a) The liabildy of the Company under this policy shall not exceed the least of
(i) the Amount of Insurance stated in Schedule A;
(10 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 m 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
(11) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of
the Amount of Insurance stated in Schedule A bears t0 the sum of the Amount of
Insurance stated in Schedule A and the amount expended for the improvement
The provisions 01 '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 01 these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not
being used as a single site, and a loss 5 established affecting one or more of the
parcels but not 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 Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to Dale of Policy, unless a liability or value has otherwise been agreed upon
as to each parcel by the Company and the insured al the time of the issuance of this
policy and shown by an express statement or by an endorsement attached to this policy
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, all as insured, or
takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner
by any 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 even) of any litigation, including litigation by the Company or with the
Companys consent, the Company shall have no bability 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 volunlanly assumed by the insured in settling any claim or suit without the pnor
wntten consent of the Company
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro canto
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of Insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a mortgage to
which exception 10 taken in Schedule B or to which the insured San agreed, assumed, or
taken subject, or which is hereafter executed by an insured and which is a charge or lien
on the estate or interest descnbed or referred to in Schedule A, and the amount so paid
shall be deemed a payment under this policy to the insured owner
CONDITIONS AND STIPULATIONS — CONTINUED
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed, in which case proof of loss or
destruction shall be furnished to the satisfaction of the Company
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 3D days thereafter
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Companys Right of Subrogation
Whenever the Company shalt have settled and paid a claim under this policy, all
nghl of subrogation shall vest m the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
that the insured claimant would have had against any person or property in respect to
the claim had this policy not been issued If requested by the Company, the insured
claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation The insured claimant
shall permit the Company to sue, compromise or settle In the name of the insured
claimant and to use the name of the insured claimant in any transaction or litigation
involving these nghts or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion that the Companys payment bears to the whole amount of the loss
If loss should result from any act of the insured claimant, as stated above, that act
shall not void this policy, but the Company, in that event, shall be required to pay only
that part of any losses insured against by this policy that shall exceed the amount, if
any, lost t0 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 Companys right 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 or the American
Arbitration Association Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured arising out of or relating to
this policy, any service of the Company in connection with its issuance or the breach of
a policy provision or other obligation. All arbitrable matters when the Amount of
Insurance is 51,000,000 or less SHALL BE arbitrated at the request of either the
Company or the Insured, unless the insured is an individual person (as distinguished
from a corporation, trust, partnership, association or other legal entity) All arbitrable
matters when 010 Amount of Insurance is in excess of 51,000,000 shall be arbitrated
only when agreed to by both the Company and the Insured Arbdration pursuant to this
pokey and under the Rules in efect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon the
parties. The award may include attorneys' fees only it the laws of the state in which the
land is located permit a court to award attorneys' fees to a prevailing party Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof
The law of the sifts of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, it any, attached hereto by the
Company Is the entire policy and contract between the Insured and the Company In
Interpreting any provision of this policy, this policy shall be construed as a whole
(b) Any claim of loss or damage, whether or not based on negligence, and
which apses out of the status of the title to the estate or interest covered.hereby or by
any action asserting such claim, shall be restricted to thls 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 authonzed
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 in wnting
required to be furnished the Company shall include the number of this policy and shall
be addressed to Consumer Affairs Department, P O. Box 27567, Richmond, Virginia
23261 -7567
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, contact the agent or write to the Company that Issued the policy. It the
problem Is not resolved, you also may write the Texas Department of Insurance,
P.O. Box 149091, Austin, TX 78714-9091, Fax No. (512) 475-1 771. This notice of
complaint procedure Is for Intormatlon only and does not become a part or
condition of this policy.
CONTROL NUMBER 811-0015826.
Jtuyers
Insurance Crporation
A LNDAMEWCA COMPANY
TEXAS OWNER
POLICY OF
TITLE INSURANCE
ISSUED BY
LwyersZidejnsmanceeo poratton
HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235 -5153
A WORD OF THANKS .....
As we make your policy a part of our permanent
records, we want to express our appreciation of
this evidence of your faith in Lawyers Title
Insurance Corporation.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
awyers itle
Insurance (o}poration
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1 -800 -442 -7067
i..
Enclosure
AUSTIN TITLE COMPANY
a subsidiary of LandAmerica Financial Group, Inc.
September 27, 2001
City of Round Rock
221 East Main
Round Rock, Texas 78664
Re: Our File Number: 01 RR 218543 -H
Closer: Susan Patterson
Dear Policyholder(s):
In connection with the above captioned transaction, we enclose herewith
LAWYERS TITLE INSURANCE CORPORATION Owner's Title Policy No. 218543, along
with the original recorded Deed.
Policy Department
khs
It has been a pleasure to handle this transaction for you. If you should
have any questions, please contact Susan Patterson at 512- 255 -3343.
Very truly yours,
AUSTIN TITLE COMPANY
RECEIVED OCT 0 3 2001
1515 Capital of Texas Highway South Fifth Floor Austin, Texas 78746 -6544
Office 512 /306.0988 512 /306.0966 Fax
i