R-01-04-26-14D2 - 4/26/2001RESOLUTION NO. R- 01- 04- 26 -14D2
WHEREAS, the City desires to purchase a 0.055 acre tract of land
for right - of - way for the CR 113 Project, and
WHEREAS, The Nixon Family Trust, Clifford B. Nixon, and Eloise
K. Nixon, Trustee, the owners of the property, have agreed to sell said
property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Earnest Money Contract with The Nixon Family
Trust, Clifford B. Nixon, and Eloise K. Nixon, Trustee, for the
purchase of the above described property, a copy of said Earnest Money
Contract being attached hereto and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 26th day of Apr , 200
A
JO4 E LAND, City Secretary
01\ RPDOCS \RSSOLDTI \R10436D3.WPD /Bc
a2a„�oc-
ROB " A. STLUKA, JR., Mayor
City of Round Rock, Texas
EARNEST MONEY CONTRACT
1. PARTIES: The Nixon Family Trust, Clifford B. Nixon, and
Eloise K. Nixon, Trustees (Seller) agrees to sell and convey
to THE CITY OF ROUND ROCK, TEXAS (Buyer) and Buyer agrees to
buy from Seller the property described below.
2. PROPERTY: Approximately 0.055 acres of land, being more
particularly described in Exhibit — A" attached hereto.
3. CONTRACT SALES PRICE:
A. Cash portion of Sales Price
payable by Buyer
$ 11,000.00
$ n a
$ 11,000.00
B. Sum of financing described below
C. Sales Price (Sum of A and B)
4. FINANCING: Not Applicable
5. EARNEST MONEY: Buyer shall deposit $100 as Earnest Money with
Brown McCarroll Sheets & Crossfield, L.L.P.
6. TITLE POLICY, ABSTRACT AND SURVEY:
A. TITLE POLICY: Buyer will acquire.
B. ABSTRACT OF TITLE: Buyer will acquire.
C. SURVEY REQUIRED: Buyer will acquire.
NOTICE TO SELLER AND BUYER:
(1) Buyer is advised to have an Abstract covering the
Property examined by an attorney of Buyer's selection, or
Buyer should be furnished with or obtain a Title Policy.
If a Title Policy is furnished, the Commitment should be
promptly reviewed by an attorney of Buyer's choice due to
the time limitations on Buyer's right to object.
(2) If the Property is situated in a utility or other
statutorily created district providing water, sewer,
drainage, or flood control facilities and services,
Chapter 50 of the Texas Water Code requires Seller to
deliver and Buyer to sign the statutory notice relating
C \TEXT \ROONOROCR\ CONDEMNATION\ CR113\ CONVeyANC® OCUR +I&1TS \NIXONSARNSSTMONBY.00C /ba
to the tax rate, bonded indebtedness, or standby fee of
the district prior to final execution of this contract.
(3) Buyer is advised that the presence of wetlands, toxic
substance including lead base paint or asbestos and waste
or other environmental hazards or the presence of a
threatened or endangered species or its habitat may
affect Buyer's intended use of the Property. If Buyer is
concerned about these matters, an addendum either
promulgated by TREC or required by the parties should be
used.
(4) If the Property adjoins and shares a common boundary with
the tidally influenced submerged lands of the state,
Section 33.135, Texas Natural Resources Code, requires a
notice regarding coastal area property to be included in
the contract. An addendum either promulgated by TREC or
required by the parties should be used.
7. PROPERTY CONDITION: Buyer accepts the Property in its present
condition, subject only to as is.
8. BROKER'S REPRESENTATION AND FEES: NONE
9. CLOSING: The closing of the sale shall be on or before June
15, 2000 or within 7 days after objections to title have been
cured, whichever date is later (the Closing Date); however, if
financing or assumption approval has been obtained pursuant to
Paragraph 4, the Closing Date shall be extended up to 15 days
only if necessary to comply with lender closing requirements
(for example, survey, closing documents). If either party
fails to close this sale by the Closing Date, the non -
defaulting party shall be entitled to exercise the remedies
contained in Paragraph 14. At closing, Seller shall furnish
tax statements or certificates showing no delinquent taxes and
a General Warranty Deed conveying good and indefeasible title
showing no additional exceptions to those permitted in
Paragraph 6.
10. POSSESSION: The possession of the Property shall be delivered
to Buyer at closing.
11. SPECIAL PROVISIONS: none.
12. SALES EXPENSES: The following expenses shall be paid at or
prior to closing:
A. Loan appraisal fees shall be paid by N /A.
B. The total of loan discount and buydown fees shall not
exceed N /A% of the loan of which Seller shall pay the
first N /A% of the loan and Buyer shall pay the remainder.
C. Seller's Expenses: None.
D. Buyer's Expenses: Application, , and
commitment fees; loan assumption cost; preparation and
recording of deed of trust to secure assumption; expenses
incident to new loan(s): (for example, preparation of
any note, deed of trust, and other loan documents,
recording fees, tax service and research fees, warehouse
or underwriting fees, copies of restrictions and
easements, amortization schedule, premiums for mortgagee
title policies and endorsements required by lender;
credit reports, photos); any required reserve deposits
for ad valorem taxes and special governmental
assessments; interest on all monthly installment payment
notes from date of disbursements to one month prior to
dates of first monthly payments; one -half of escrow fee
and expenses stipulated to be paid by Buyer under other
provisions of this contract.
E. If any sales expense exceeds the amount stated in this
contract to be paid by either party, either party may
terminate this contract unless either party agrees to pay
such excess.
13. PROBATIONS AND ROLLBACK TAXES:
A. PRORATIONS. Interest on any assumed loan, current taxes,
any rents, maintenance fees and assessments shall be
prorated through the Closing Date. If ad valorem taxes
for the year in which the sale is closed are not
available on the Closing Date, proration of taxes shall
be made on the basis of taxes assessed in the previous
year.
B. ROLLBACK TAXES. If this sale or Buyer's use of the
Property after closing results in the assessment of
additional taxes for periods prior to closing, the
additional taxes shall be the obligation of the Buyer.
If Seller's change in use of the Property prior to
closing or denial of a special use valuation on the
Property claimed by Seller results in the assessment of
additional taxes for periods prior to closing, the
additional taxes shall be the obligation of Seller.
Obligations imposed by this paragraph shall survive
closing.
14. DEFAULT: If Buyer fails to comply with this contract, Buyer
shall be in default. Seller may either (a) enforce specific
performance, seek such other relief as may be provided by law,
or both, or (b) terminate this contract and receive the
Earnest Money as liquidated damages, thereby releasing both
parties from this contract. If Seller is unable without fault
to deliver the Commitment within the time allowed, Buyer may
either terminate this contract and receive the Earnest Money
as the sole remedy or extend the time for performance up to 15
days and the Closing Date shall be extended as necessary. If
Seller fails to comply herewith for any other reason, Seller
shall be in default and Buyer may either (a) enforce specific
performance, seek such other relief as may be provided by law,
or both, or (b) terminate this contract and receive the
Earnest Money, thereby releasing both parties from this
contract.
15. ATTORNEY'S FEES: If Buyer, Seller or Escrow Agent is a
prevailing party in any legal proceeding brought under or with
relation to this contract, such party shall be entitled to
recover from the non - prevailing parties all costs of such
proceeding and reasonable attorney's fees.
16. ESCROW: The Earnest Money is deposited with Escrow Agent with
the understanding that Escrow Agent is not (a) a party to this
contract and does not have any liability for the performance
or non - performance of any party to this contract (b) liable
for interest on the Earnest Money or liable for any loss of
Earnest Money caused by the failure of any financial
institution in which the Earnest Money has been deposited,
unless the financial institution is acting as Escrow Agent.
If any either party makes demand for the payment of the
Earnest Money, Escrow Agent has the right to require from all
parties a written release of liability of Escrow Agent for
disbursement of the Earnest Money. Any refund or disbursement
of Earnest Money under this contract shall be reduced by the
amount of unpaid expenses incurred on behalf of the party
receiving the Earnest Money, and Escrow Agent shall pay the
same to the creditors entitled thereto. At closing, the
Earnest Money shall be applied to any cash down payment, then
to Buyer's closing costs and any excess refunded to Buyer.
Demands and notices required by this paragraph shall be in
writing and delivered by hand delivery or by certified mail,
return receipt requested.
17. REPRESENTATIONS: Seller represents that as of the Closing
Date (a) there will be no liens, assessments, Uniform
Commercial Code or other security interests against any of the
Property which will not be satisfied out of the Sales Price,
unless securing payment of any loans assumed by Buyer and (b)
assumed loans will be without default. If any representation
in this contract is untrue on the Closing Date this contract
may be terminated by Buyer and the Earnest Money shall be
refunded to Buyer. All representations contained in this
contract and an agreement for mediation shall survive closing.
18. NOTICES: All notices shall be in writing and effective when
mailed to or hand - delivered at the addresses shown below.
19. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person ", as
defined by applicable law, or if Seller fails to deliver an
affidavit that Seller is not a "foreign person ", then Buyer
shall withhold from the sales proceeds an amount sufficient to
comply with applicable tax law and deliver the same to the
Internal Revenue Service together with appropriate tax forms.
IRS regulations require filing written reports if cash in
excess of specified amounts is received in the transaction.
20. USE AND UTILITIES: The intended use of the Property by Buyer
is as highway right of way. Utilities required at the
Property for such use are [N /A]water; [N /Alsanitary sewer;
[N /A)gas; [N /Al electricity; [N /A]telephone; [N /A]None;
[N /A)None. If Buyer ascertains that applicable zoning
ordinances, easements, restrictions or governmental laws,
rules or regulations prevent such intended use or that such
required utilities are not available, or that the Property is
located within the 100 year flood plain as shown on the
current Federal Emergency Management Agency map, and Buyer so
notifies Seller within ten (10) days after the effective date
of this contract, the same shall terminate and the Earnest
Money shall be refunded to Buyer. Buyer's failure to give the
notice within the required time shall constitute Buyer's
acceptance of the Property.
21. DISPUTE RESOLUTION: It is the policy of the State of Texas to
encourage the peaceable resolution of disputes through
alternative dispute resolution procedures. The parties are
encouraged to use an addendum approved by TREC to submit to
mediation disputes which cannot be resolved in good faith
through informal discussion.
22. AGREEMENT OF PARTIES: The contract contains the entire
agreement of the parties and cannot be changed except by their
written agreement. Addenda which are a part of this contract
are: NONE
23. CONSULT YOUR ATTORNEY: This is intended to be a legally
binding contract. READ IT CAREFULLY. If you do not
understand the effect of this contract, consult your attorney
BEFORE signing.
BUYER'S ATTORNEY AND ADDRESS:
Charles Crossfield
Brown McCarroll Sheets & Crossfield, L.L.P.
309 East Main
Round Rock, Texas 78664
SELLER'S ATTORNEY AND ADDRESS:
EXECUTED in multiple originals on
BUYER
C Y OF
B */i
ITS: " py#,R.
ADDRESS AND TELEPHONE:
Charles Crossfield
Brown McCarroll Sheets & Crossfield, L.L.P.
309 East Main
Round Rock, Texas 78664
SELLER
ADDRESS AND TELEPHONE:
300 Kiphon Road
Round Rock, Texas 78664
(4% 7,55 - 9 /7
Nixon Family Trust
ZO Cli ord B. Ni on
(TRTYSTEE )
Eloise K. Nixon
(TRUSTEE)
RECEIPT
Receipt of [ ] Contract and [ ] $100 Earnest Money in the form
of is acknowledged.
Date: , 2000.
PREPARED IN THE OFFICE OF:
Brown McCarroll Sheets & Crossfield L.L.P.
309 East Main
Round Rock, Texas 78664
By:
FIELD NOTE DESCRIPTION FOR A 0.055 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION
AMENDED, LOT 1, A SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET 'D" SLIDE 62, OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS.
BEGINNING, at an iron rod found at a point in the north right -of -way line of County
Road No. 113, known locally as Kiphen Road, for the southwest comer of said Lot 1,
also being a point in the east line of that certain 152.38 acre tract of land conveyed to
Rudolf Wallin and recorded in Volume 450, Page 114, of the Deed Records of
Williamson County, Texas, for the southwest comer and the POINT OF BEGINNING
of the herein described tract;
THENCE, with the west line of said Lot 1 and the east line of said 152.38 acre tract,
North 18 °54'42" West, a distance of 7.97 feet, to a calculated point of intersection with a
curve, for the northwest comer of this tract;
THENCE, crossing said Lot I, along the following two (2) courses.
1. 151.84' feet along the arc of a curve to the right, said curve not being tangent to the
previous course, and having a radius of 1050.00 feet, a central angle of 08 °14'13"
and a long chord which bears North 87 °14'13" East for a distance of 151.71 feet to a
calculated point;
2. South 88°37'12" East, a distance of 17.08 feet, to a calculated point in the west line of
Lot IA, of said Greenslope Addition Amended, and the east line of said Lot 1 for the
northeast comer of this tract;
THENCE, with the east line of said Lot I and the west line of said Lot 1A, South
06 °58'39" East, a distance of 16.59 feet, to an iron rod found at a point in the north right -
of -way line of said County Road No. 113, for the southeast corner of said Lot 1, the
southwest corner of said Lot IA, and for the southeast corner of this tract;
THENCE, with the north right -of -way line of said County Road No. 113, being the south
line of said Lot I, North 89°18'43" West, a distance of 168.05 feet, to the POINT OF
BEGINNING.
Containing 0.055 acres of land more or less.
Randall S. Jones Date
Registered Professio Land Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
S:1Land Projects R216585docs\GREENSLOPEI doc
Page 1 of 1
Revised on 10 -06-00
Revised on 01 -16-01
Revised on 02 -14-01
Exkki "A"
A 0.055 ACRE TRACT OF LAND, SITUATED IN
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF' THE
WIWS DONAHO SURVEY, ABSTRACT No 173, AND
BEING A PART OF LOT 1, GREENSLOPE ADDITION
AMENDED, RECORDED IN CABINET "D" SLIDE 62, OF
THE PLAT RECORDS OF WILUAMSON COUNTY, TEXAS.
SCALE 1 " =50'
RUDOLF WALUN
450/114
W.C.D.R.
S� \Land Projects R2 \658 \dwg \65BrowBW.dwg 02/21/01 0813221 AM CST
SKETCH TO ACCOMPANY FIELD NOTES:
7.97'
0 15
N Zi
o co
REMAINDER OF -a co.
di ca.
LOT 1 GREENSLOPE S m
ADDITION AMENDED
CABINET "D ", SUDE 62 y rn
N
W. C.P.R. r" ''''..-.1 - di 588'37'12 "E N
17 .._::-
01
N89'18 43 "W 168.05
rn
_
OF 0E01N
— ' 10 \NS — —
Co. Rd. 113 "Kiphen Road"
LOT 1A GREENSLOPE
ADDITION AMENDED
CABINET "D ", SLIDE 62
W.C.P.R.
CURVE TABLE
CURVE
C1
LENGTH
151.84'
RADIUS
1050.00'
TANGENT
76.05'
CHORD
151.71'
DIRECTION
N87'14'13 "E
DELTA
8'17'08"
RJ
SURVEYING INC.
LEGEND:
W.C.D.R =WILLIAMSON COUNTY DEED RECORDS
W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS
( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
A = CALCULATED POINT
J
PEAT LINE
10' STRIP DEDICATED FOR STREET WIDENING, PER PLAT, CABINET "D ", SLIDE 62, W.C.P.R)- 1
DATE: SEPTEMBER 28, 2000
REVISED: JANUARY 16, 2001
REVISED: FEBRUARY 14, 2001
ENGINEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
DATE: April 20, 2001
SUBJECT: City Council Meeting — April 26, 2001
ITEM: 14.D.2. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with the Nixon Family Trust, Clifford B. Nixon,
and Eloise K. Nixon, Trustee for right -of -way for the CR 113
project.
Resource: Steve Sheets, City Attomey
Julie Wolff, Legal Assistant
History: This contract with Mr. and Mrs. Nixon is for right -of -way acquisition for the
CR 113 project. On April 12, 2001 the Round Rock City Council passed an
ordinance determining the need and necessity for this acquisition.
Funding:
Cost: $11,000
Source of funds: Williamson County, Transportation System Development
Corporation and Developers
Outside Resources: Randall Jones Engineering, Sheets & Crossfield
Impact: N/A
Benefit: Improved mobility on CR 113 and new waterline.
Public Comment: Several meetings with affected property owners.
Sponsor: N/A
ISSUED BY
lawyersZrtleInsurance &oration
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 lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or matenalmen'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 tale, as insured, but only to the extent provided in the
Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers, the Policy to become valid when countersigned by an authonzed officer or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
Attest: d
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ri
W�ST �Si4 By:
S'3 L
Secretary 1925 fi
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EXCLUSIONS FROM COVERAGE
OWNER'S POLICY OF TITLE INSURANCE
President
The following matters are expressly excluded from the coverage of thus policy and the Company will not pay loss or damage, costs, attomeys' fees or
expenses which ansa by reason o1:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) resincting,
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; (is) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (w) 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, hen or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Data 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 to the insured claimant and not disclosed in writing
to the Company by the insured claimant pnor 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
unmarketabilny 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,
(ii) the subordination or recharacterization of the estate or interest insured by this Policy as a result Of the application of the doctnne of equitable
subordination or
(ni) 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 43158510g agent to timely file for record the instrument of transfer to the Insured after delivery or the
failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Cover Page
Form 1178 -22
ORIGINAL
1. DEFINITION OF TERMS.
The following terms when used in this policy mean,
(a) 'insured' the Insured named in Schedule A, and, subject to any rights or
defenses the company would have had against the named Insured those who succeed
to the Interest of the named insured by operation of law as distinguished from purchase
including, but not limited to, heirs, distnbulees, devisees, survivors, personal
representatives, next of kin, or corporate, partnership or fiduciary successors, and
specifically, without limitation, the following,
(i) the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation upon partial or complete
liquidation,
(ii) the partnership successors in interest to a general or limited
partnership which dissolves but does not terminate,
(111) the successors in interest to a general or limited partnership resulting
from the distribution of the assets of the general or limited partnership upon partial or
complete liquidation,
(Iv) the successors in interest to a joint venture resulting from the
distribution of the assets of the joint venture upon partial or complete liquidation,
(v) the successor or substitute trustee(s) of a trustee named in a written
trust Instrument or
(vi) the successors in Interest to a trustee or trust resulting from the
distrbution of all or part of the assets of the trust to the beneficianes 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 aff ecting the
land
(d) 'land' the land descnbed or referred to In Schedule A, and Improvements
affixed thereto that by law constitute real property The term 'land' does not include any
property beyond the lines of the area descnbed or referred to 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
(e) 'mortgage' mortgage, deed of trust, trust deed, or other secunty instrument
(f) 'public records' records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge With respect to Section 1 (a)(Iv) of the
Exclusions From Coverage, "public records' also shall include environmental protection
liens filed in the records of the clerk of the United States distnct court for the distnct m
which the land is located
(g) 'access': legal nght of access to the land and not the physical condition of
access The coverage provided as to access does not assure the adequacy of access
for the use intended
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue In force as of Dale 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. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in wntirg (i) In case of any litigation
as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an insured
hereunder of any claim of title or Interest that is adverse to the 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 shalt 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
nosily the Company shall in no case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the tasure and then only to the extent of the
prejudice
When, atter the dale of the policy, the insured notifies the Company as required
herein of a lien, encumbrance, adverse claim or other detect in title to the estate or
interest in the land insured by this policy that is not excluded or excepted from the
coverage of this policy, the Company shall promptly investigate the charge to determine
whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or
statute The Company shall notify the insured In canting, within a reasonable time, of its
determination as to the validity or invaludity of the insureSs claim or charge under the
policy. 11 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
m connection with which this policy was issued, the Company shall specifically advise
the insured of the reasons for Its determination. If the Company concludes that the lien,
encumbrance, adverse claim or defect is valid, the Company shall take one of the
following actions (1) Institute the necessary proceedings to dear the lien, encumbrance,
adverse claim or defect from the title to the estate as insured, (11) indemnify the insured
as provided in this policy, (l upon payment of appropriate premmm and charges
therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of
the estate or interest in the land insured by this policy, a policy of title insurance without
exception for the lien, encumbrance, adverse claim or defect. said policy to be m an
amount equal to the current value of the property or, if a mortgagee policy. the amount
of the loan, (iv) indemnify another title insurance company in connection with its
issuance of a policy(ies) of title insurance without exception for the lien, encumbrance,
adverse claim or defect; (v) secure a release or other document discharging the lien,
encumbrance, adverse claim or defect, or (0) undertake a combination of (i) 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 slated causes of action alleging a detect, hen 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 nght of the insured to object for reasonable cause)
to represent the Insured as to those stated causes of action and shall not be liable for
and will not pay the fees of any other counsel The company will not pay any 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, to institute and prosecute
any action or proceeding or to do any other act that in its opinion may be necessary or
desirable to establish the We 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 (lability 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 its sole discretion, to appeal from any adverse judgment
or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding. the insured shall secure to the
Company the right to so prosecute or provide defense In the action or proceeding, and
all appeals herein, and permit the Company t0 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 (1) in any action or proceeding,
secunng evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of
the Company may be necessary or desirable to establish the title to the estate or
interest as insured If the Company is prejudiced by the failure 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 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 famished to the Company within 91 days
after the insured shall ascertain the facts giving nse to the loss or damage The proof of
loss or damage shall descnbe the defect in, or lien or encumbrance on the title, or other
matter insured against by this policy that constitutes the basis of Mss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of the insured claimant to provide
the required proof of loss or damage, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such proof of loss
or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any 851000ze0 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 beanng a date
before or after Date of Policy, which reasonably pertain to the loss or damage Further, if
requested by any authorized representative of the Company, the insured claimant shall
grant its permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
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 daim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under tins policy, the Company shall have the following
additional option:
(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 authonzed by the Company. up to the time of payment or tender of payment
and which the Company is obligated to pay
Upon the exercise by the Company of this option, all liability and obligations
to the Insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation
continued on next page of cover sheet
'0217090 L 491 $ * * ** *11,000.00 $ * ** *277.00 1000
CASE NUMBER
2001 RR 217090 -D (215) /khs
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF . AMOUNT OF POLICY NUMBER
POLICY INSURANCE
5/23/2001 $ * * ** *11,000.00 0217090
SCHEDULE A
1. Name of Insured:
CITY OF ROUND ROCK
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
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:
ACRES, 0.055
AMENDED, A LESS, IN, WILL COUNTY TEXAS, AND OBEING ADDITION
MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO.
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Schedule A
AUSTIN TITLE COMPANY
Countersigned By: k Th
Authorizes LountersignatuLe
Valid Only If Schedule B
And Cover Page Are Attached
•
FMLD'NOTE DESCRIPTION FOR A 0.055 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION
AMENDED, LOT 1, A SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET `D ", SLIDE 62, OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right -of -way line of County
Road No. 113, known locally as Kiphen Road, for the southwest corner of said Lot 1,
also being a point in the east line of that certain 152.38 acre tract of land conveyed to
Rudolf Wallin and recorded in Volume 450, Page 114, of the Deed Records of
Williamson County, Texas, for the southwest comer and the POINT OF BEGINNING
of the herein described tract;
THENCE, with the west line of said Lot I and the east line of said 152.38 acre tract,
North 18 °54'42" West, a distance of 7.97 feet, to a calculated point of intersection with a
curve, for the northwest corner of this tract;
THENCE, crossing said Lot 1, along the following two (2) courses:
1. 151.84' feet along the arc of a curve to the right, said curve not being tangent to the
previous course, and having a radius of 1050.00 feet, a central angle of 08 ° 14'13"
and a long chord which bears North 87 ° 14'13" East for a distance of 151.71 feet to a
calculated point;
2. South 88°37'12" East, a distance of 17.08 feet, to a calculated point in the west line of
Lot IA, of said Greenslope Addition Amended, and the east line of said Lot 1 for the
northeast comer of this tract;
n ±J NCE, with the east line of said Lot 1 and the west line of said Lot 1A, South
06 °58'39" East, a distance of 16.59 feet, to an iron rod found at a point in the north right -
of -way line of said County Road No. 113, for the southeast corner of said Lot 1, the
southwest corner of said Lot IA, and for the southeast corner of this tract;
THENCE, with the north right -of -way line of said County Road No. 113, being the south
line of said Lot 1, North 89 °18'43" West, a distance of 168.05 feet, to the POINT OF
BEGINNING.
Containing 0.055 acres of land more or less.
Pc4cep
Randall S. Jones
Registered Professio
State of Texas
Date: September 28, 2000
Date
Land Surveyor No, 4391
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE I
CASE NUMBER DATE OF
POLICY
2001 RR 217090 -0 (215) /khs 5/23/2001
SCHEDULE B
This policy does not insure against loss or damage (and the Company will
not pay costs, attorney's fees or expenses) that arise by reason of the terms
and conditions of the leases or easements insured, if any, shown in Schedule A
and the following matters:
1. The following restrictive covenants of record itemized below (the Company
must either insert specific recording data or delete this exception):
CABINET D, SLIDE 62, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any
spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to,
persons the public, corporations, government or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or
Perennial rivers and streams lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established
or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean) low tide to the line of
vegetation or the right of access to that area or easement along and
across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year
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.):
RIGHTS OF PARTIES IN POSSESSION.
POLICY NUMBER
0217090
7. AN COMPANY BYTDAVIDDT. NOVEMBER RECORDED TO 829E PAGE�824 AND LIGHT
WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC DISTRIBUTION LINE,
TOGETHER WITH ALL RIGHTS RECITED THEREIN)
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
B 1178-22
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant
(i) to pay or otherwise sehle with other parties for or in the name of an
Insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant, which were authorized
by the Company up to the time of payment and which the Company is obligated to pay,
or
(n) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attomeys' lees and expenses
Incurred by the Insured claimant, which were authonzed by the Company up to the 1me
of payment and which the Company is obligated to pay
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(1) or (n), 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, including any liability or obligation to defend, prosecute or continue any
litigation
7 DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
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 01 Insurance stated in Schedule A,
(x) 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 et the value of the insured estate or interest or the lull
consideration paid for the land, whichever Is less, or if subsequent to the Date 01 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 slated in Schedule A,
then this Policy is subject to the following*
(1) where no subsequent improvement has been made, as to any partial
loss. the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at
Date of Policy, or
)v) 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 casts, 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
being 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 11 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 at the time of the issuance of this
policy and shown by an express statement or by an endorsement attached to this policy
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, 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 event of any litigation, including litigation by the Company or with the
Companys consent, the Company shall have no liability for loss or damage until there
has been a final determination by a court of competent jurisdiction, and disposition of all
appeals therefrom, adverse to the title as insured
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the poor
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 insunng a mortgage to
which exception is taken in Schedule B or to which the insured has agreed, assumed, or
taken subject, or which i5 hereafter executed by an insured and which is a charge or lien
on the estate or interest described or referred to in Schedule A, and the amount so paid
shall be deemed a payment under this policy to the insured owner.
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 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Companys Right of Subrogation
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant
The Company shall be subrogated to and be entitled to all nghts and remedies
that the insured claimant would have had against any person or property m respect to
the claim had this policy not been issued If requested by the Company, the insured
claimant shall transfer to the Company all nghts and remedies against any person or
property necessary in order to perfect this nght of subrogation The insured claimant
shall permit the Company to sue, compromise or settle in the name of the Inured
claimant and to use the name of the insured claimant in any transaction or Negation
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 Toss 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, i1
any. lost to the Company by reason of the Impairment by the insured claimant of the
Campania nght of subrogation
(b) The Company's Rights Against Non•Insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and
shall Include, without limitation, the 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 arbltraton Section i5 deleted by
specific provision In Schedule 8 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 m connection with 1s Issuance or the breach of
a policy provision or other obligation All arbitrable matters when the Amount of .
Insurance is 51,000,080 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 the Amount of Insurance is in excess of 01,000,000 Shall be arbitrated
only when agreed to by both the Company and the Insured Arbitration pursuant to this
policy and under the Rules In effect on the date the demand for arbitration is made or, at
the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the
parties The award may include attorneys' fees only if the laws of the 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 situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules
A copy of the Rules may be obtained from the Company upon request
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, 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 arises out of the status of the title to the estate or Interest covered hereby or by
any action asserting such claim, shall be restncted to this policy
(c) No amendment of or endorsement to this policy can be made except by a
wnting endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain in full 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 indude 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. 19 the
problem Is not resolved, you also may write the Texas Department of Insurance,
P.O. Box 149091, Austin, TX 78714-9091, Fax No. (512) 475-1771. This notice of
complaint procedure Is for Information only and does not become a part or
condition of this policy.
CONTROL NUMBER 511- 0015854,
Iuyers
Insurance Crporation
A IANDAMEAIG COMP
TEXAS OWNER
POLICY OF
TITLE INSURANCE
Issuer By
[awyersl'idejnsttrance orpo, ration
Home Orncs:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235 -5153
J
A WORD OF THANKS
As we make your policy a part of our permanent
records, we want to express our appreciation of
this evidence of your faith in Lawyers Title
Insurance Corporation.
There Is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
awyers itle
Insurance Crporation
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1- 800 -442 -7067
July 13, 2001
AUSTIN TITLE COMPANY Iv
RECEIVED
`\. JUL 1 9 2001
CITY OF ROUND ROCK
PLANNING DEPARTMENT
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Re: Our File Number: 01 RR 217090 -D
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. 217090, along
with the original recorded Deed.
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
Policy Department
khs
Enclosure
1515 Capital of Texas Highway South Fifth Floor . Austin, Texas 78746 -6544
Office 512 /306.0988 512 /306.0966 Fax
a1 70a6
•
• Date: /✓/ , 3 , 2001
'4, Grantor: CLIFFORD B. NIXON and ELOISE KAY NIXON,
as Trustees of THE NIXON FAMILY TRUST
V) Grantor's Mailing Address (including county):
CC
LO CLIFFORD B. NIXON
t� l 3000 MMj/i c.0 ADA-a
Q 4.--Aa.1 .P-....c T 77'445y-74R-7
r♦ L.s :LL County
0
O ELOISE KAY NIXON
C 4000 K,p, ,V Rt■9Z
?VOA) t> ROC-k- 'TX 7R64.3
6t// .e- 4/�4'M.SO. / County
Grantee: CITY OF ROUND ROCK
CASH WARRANTY DEED
Grantee's Mailing Address (including county):
CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
Williamson County
CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
16' - 3 -0 - Coo)
0.055 acres, more or less, out of Lot One (1) of
GREENSLOPE ADDITION AMENDED, a subdivision in Williamson
County, Texas, and being more particularly described by
metes and bounds in Exhibit "A" attached hereto.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights -of -way, and prescriptive rights, whether of record or
not; all presently recorded restrictions, reservations, covenants,
conditions, oil, gas or other mineral leases, mineral severances, and
other instruments, other than liens and conveyances, that affect the
property; rights of adjoining owners in any walls and fences situated on
a common boundary; any encroachments or overlapping of improvements; and
taxes for the current year, the payment of which Grantee assumes.
Grantor, for the consideration, receipt of which is acknowledged,
and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells and conveys to Grantee the property, together
with all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee, Grantee's heirs, executor,
administrators, successors or assigns forever. Grantor's heirs,
executors, administrators and successors are hereby bound to warrant and
forever defend all and singular the property to Grantee and Grantee's
CASH WARRANTY DEED - PAGE 1
C, \'TEMP \0530WDC.WPD /kg
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.
STATE OF TEXAS
COUNTY OF WJ14
This instrument was acknowledged before me on the .3 day of
m A y , 2001, by CLIFFORD B. NIXON, as Trustee of THE NIXON FAMILY
TRUST.
COUNTY OF
STATE OF TEXAS
SUSAN PATTERSON
MY COMMISSION EXPIRES
February 1,2004 Notary Public, State of Texas
This instrument was acknowledged before me on the 3 day of
Mi91 , 2001, by ELOISE KAY NIXON, as Trustee of THE NIXON FAMILY
TRUST.
SUSANPATTERSON
MY COMMISSION EXPIRES
Fabmary 1, 2004
CASH WARRANTY DEED - PAGE 2
C FORD B NIas Trustee of
THE NIXON FAMILY TRUST
ELOISE ISIXON, as of
THE NIXON FAMILY TRUST
ACKNOWLEDGMENT
5
5
5
ACKNOWLEDGMENT
5
5
5
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Austin Title Company
4,59 101 E. Old Settler's Blvd.
Suite 100
Round Rock, Texas 78664
CASH WARRANTY DEED - PAGE 3
,9 i c
FIELD NOTE DESCRIPTION FORA 0.055 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND 'SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS SURVEY,
ABSTRACT No: 173, AND BEING A PART OF GREENS OPEOADDITION
AMENDED, LOT 1, A SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET `D" SLIDE 62, OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right -of -way line of County
Road No. 113, known locally as Kiphen Road, for the southwest corner of said Lot 1,
also being a point in the east line of that certain 152,38 acre tract of land conveyed to
Rudolf Wallin and recorded in Volume 450, Page 114, of the Deed Records of
Williamson County, Texas, for the southwest corner and the POINT OF •BEGINNING
of the herein described tract;
THENCE, with the west line of said Lot 1 and the east line of said 152.38 acre tract,
North 18 °54'42" West, a distance of 7.97 feet, to a calculated point of intersection with a
curve, for the northwest corner of this tract;
THENCE, crossing said Lot 1, along the following two (2) courses: '
1. 151.84' feet along the arc of a curve to the right, said curve not being tangent to the
previous course, and having a radius of 1050.00 feet, a central angle of 0 8 ° 14'13"
and a long chord which bears North 87 ° 14'13" East for a distance of 151.71 feet to a
calculated point;
2. South 88 East, a distance of 17.08 feet, to a calculated point in the west line of
Lot IA, of said Greenslope Addition Amended, and the east line of said Lot 1 for the
northeast corner of this tract;
THENCE, with the east line of said Lot 1 and the west line of said Lot 1A, South
06 °58'39" East, a distance of 16.59 feet, to an iron rod found at a point in the north right -
of -way line of said County Road No. 113, for the southeast comer of said Lot 1, the
southwest comer of said Lot IA, and for the southeast corner of this tract;
THENCE, with the north right -of -way line of said County Road No. 113, being the south
line of said Lot 1, North 89 ° 18'43" West, a distance of 168.05 feet, to the POINT OF
BEGINNING,
Containing 0.055 acres of land more or less.
Randall S. Jones
Registered Professio
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
Date
Land Surveyor No. 4391
5;11,and Project; 821601 dool GREENSLOPEI, doc
Page 1 of 1
Revised on 10 - 06 - 00
Revised on 01 -16 -01
Revised on 02 -14 -01
EX If "4"
FILED WO RECORDED
OFFICIAL PUBLIC RECORDS '
05 -23 -200 09:26 AM 2001035830 -
JACKIE $15.00 •
NANCY E. ,COUNTY
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
CHORD
DIRECTION
DELTA
C1
151.84'
1050.00'
76.05'
151.71'
N871413 "E
817'08"
SCALE 1"=50'
RUDOLF WALLIN
450/114
W.C.D.R.
— 1t� F \ELD
0r B ET D\ NN\ND
app \Nt
A 0.055 ACRE TRACT OF LAND, SITUATED IN
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE
WILLIS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF LOT 1, GREENSLOPE ADDITION
AMENDED, RECORDED IN CABINET "D" SLIDE 62, OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS.
SN \Land Protects R2 \658 \dwg \658rowBV,dwg 02/21/01 08'3221 AM CST
SKETCH TO ACCOMPANY FIELD NOTES:
r o 0
Z 6 rn rn
r REMAINDER OF v c
to _ r'+ LOT 1 GREENSLOPE y { to rn
`L . ADDITION AMENDE m
N .3ia CABINET "0 ", SLIDE 62 z ▪ N
1 W.C.P.R. r -Cr) .el .4' y S88'37'12 "E N
- 17 LOT 1A GREENSLOPE
` ADDITION AMENDED
C1 CABINET "D ", SLIDE 62
W.C.P.R.
N8918 43 "W 168.05'
LEGEND:
W.C.D.R.= WILLIAMSON COUNTY DEED RECORDS
W.C.P.R. = 1LLIAMSON COUNTY PLAT RECORDS
( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
A = CALCULATED POINT
PLAT LINE
10' STRIP DEDICATED FOR STREET WIDENING, PER PLAT, CABINET "D ", SUDE 62, W.C.P.R
Co. Rd. 113 "Kiphen Road"
RJ
SURVEYING INC.
0
0
DATE: SEPTEMBER 28, 2000
REVISED: JANUARY 16, 2001
REVISED: FEBRUARY 14, 2001
ENGINEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
FIELD NOTE DESCRIPTION FOR A 0.055 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION
AMENDED, LOT 1, A SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET "D ", SLIDE 62, OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right - of - way line of County
Road No. 113, known locally as Kiphen Road, for the southwest corner of said Lot 1,
also being a point in the east line of that certain 152.38 acre tract of land conveyed to
Rudolf Wallin and recorded in Volume 450, Page 114, of the Deed Records of
Williamson County, Texas, for the southwest corner and the POINT OF BEGINNING
of the herein described tract;
THENCE, with the west line of said Lot 1 and the east line of said 152.38 acre tract,
North 18 °54'42" West, a distance of 7.97 feet, to a calculated point of intersection with a
curve, for the northwest corner of this tract;
THENCE, crossing said Lot 1, along the following two (2) courses:
1. 151.84' feet along the arc of a curve to the right, said curve not being tangent to the
previous course, and having a radius of 1050.00 feet, a central angle of 08 °14'13"
and a long chotd which bears North 87 °14'13" East for a distance of 151.71 feet to a
calculated point;
2. South 88 °37'12" East, a distance of 17.08 feet, to a calculated point in the west line of
Lot 1A, of said Greenslope Addition Amended, and the east line of said Lot 1 for the
northeast corner of this tract;
THENCE, with the east line of said Lot 1 and the west line of said Lot 1A, South
06 °58'39" East, a distance of 16.59 feet, to an iron rod found at a point in the north right -
of -way line of said County Road No. 113, for the southeast corner of said Lot 1, the
southwest corner of said Lot 1A, and for the southeast comer of this tract;
THENCE, with the north right -of -way line of said County Road No. 113, being the south
line of said Lot 1, North 89 °18'43" West, a distance of 168.05 feet, to the POINT OF
BEGINNING.
Containing 0.055 acres of land more or less.
Randall S. Jones Date
Registered Professio Land Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
S:\Land Projects R2 \658 \docs \GREENSLOPE 1.doc
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