R-01-05-24-12D2 - 5/24/2001RESOLUTION NO. R- 01- 05- 24 -12D2
WHEREAS, the City desires to purchase a tract of land containing
approximately 0.098 acres for right -of -way for the CR 113 Project, and
WHEREAS, Lucy Guerrero, 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 Lucy Guerrero 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.
ATTEST:
RESOLVED this 24th day of May
LAND, City Secretary
O. \WPDOCS \RDSOLUTI \R10524D2 .WPD /SC
d 171144 .
ROBERT A. STLUKA, R., 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 Lucy Guerrero
of 1 Fairview Drive, Round Rock, Texas 78664, (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
1.01 By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, that certain parcel of land
containing approximately 0.098 acres of land situated in Williamson County,
Texas, being 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 Six
Thousand Four Hundred Ten and no /100 Dollars ($6,410.00.)
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
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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).
Preliminary Title Commitment
3.02. Within twenty (20) days after the date hereof, Purchaser, at
Purchaser's sole cost and expense, shall have caused Austin Title Company
(the "Title Company ") of 101 E. Old Settlers Blvd., Suite 100, Round Rock,
Texas 78664, to issue a preliminary title report (the "Title Commitment ").
Purchaser shall give Seller written notice on or before the expiration of
ten (10) days after Purchaser receives the Title Commitment that the
condition of title as set forth in the title binder is or is not
satisfactory, and in the event Purchaser states that the condition is not
satisfactory, Seller 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 June 15,
2001, or at such time, date, and place as Seller and Purchaser may agree
upon (which date is herein referred to as the "closing date ").
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged General
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:
2
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(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 General Warranty Deed will include provisions that
it is being delivered in lieu of condemnation.
(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 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:
3
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Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
5.01 Seller will be solely responsible for all real estate
brokerage commissions due to any brokers representing the Seller.
ARTICLE VI
ESCROW DEPOSIT
6.01 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
7.01 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
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
8.01 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
4
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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, Use and Right of Entry Agreement
9.01. For the consideration to be paid by the City which is set forth
in Paragraph 2.01 above, Seller, upon executing this contract by affixing
her signature hereto, hereby grants, bargains, sells and conveys to the
City exclusive and immediate possession, use and right of entry onto the
Property for the purpose of constructing a roadway 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.
9.02 As further consideration for the conveyances made herein,
Purchaser agrees to provide a tap and a meter box to the water transmission
pipeline that will be set in the property conveyed herein that will, after
annexation by the City of Round Rock, allow water service to the Seller's
remaining property. Until such annexation, Seller does not have the right
or authority to make use of any water from said pipeline.
Seller agrees that after annexation, that Seller will pay the capital
improvement costs necessary to have the meter installed and have such other
work performed that will make the connection contemplated herein
operational.
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
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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
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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, with the exception of Article IX shall be
effective as of the date it is approved by the City Council, which date is
indicated beneath the Mayor's signature below. Article IX shall be
effective immediately upon the execution of this Contract by Seller.
I represent that I have read and understood each of the terms and
conditions of the foregoing document and by affixing my signature hereto
agree to be bound thereby.
SELLER;
Lucy rero
Date:
PURCHASER:
CITY
By:
Date: 5-a4-0I
7
C. \Text \RoundRock\ Condemnation\ CR111\ ConveyanceDocument a \LucyGEarnestMOneyConeraaCROW2 .wpd /sls
i /Oit/ZPi7
ROCK,/ TEXAS
, 2001
ert N A S t d , Mayor
221 E. Main Street
Round Rock, Texas 78664
FIELD NOTE DESCRIPTION FOR A 0 098 ACRE TRACT.
BEING A TRACT 011. PARCEL. OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 5.436 ACRE
TRACT, CONVEYED TO LUCY GUERRERO IN DOCUMENT NO 9760377, OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the southwest corner of said 5.436 acre tract of
land, the same being the southeast corner of a 38 0 acre tract of land conveyed to Robert
Dillard and recorded in Volume 1390, Page 799, of the Official Records of Williamson
County, Texas, said point being in the north right -of -way line of County Road No.113,
known locally as Kiphen Road, for the southwest corner and the POINT OF
BEGINNING of the herein described tract;
THENCE, North 01 ° 17'30" East, a distance of 19.53 feet, with the west line of said
5.436 acre tract and the east line of said 38 0 acre tract, to a calculated point for the
northwest comer of this tract,
THENCE, departing the west line of said 5.436 acre tract, the east line of said 38 0 acre
tract, South 88 ° 37'12" East, a distance of 224.97 feet, crossing said 5.436 acre tract, to a
calculated point in the east line of said 5 436 acre tract and the west line of a 1.138 acre
tract dedicated for use as a public road in Volume 1473, Page 113, of the Official
Records of Williamson County, Texas, for the northeast corner of this tract;
THENCE, South 01 °29'24'- West, a distance of 18.53 feet, with the east line of said
5.436 acre tract and the west line of said 1 138 acre tract, to an iron rod found at the
southeast corner of said 5.436 acre tract and the southwest comer of said 1.138 acre tract,
said point being in the north right -of -way line of County Road No. 113, for the southeast
corner of this tract;
THENCE, North 88 °52'28" West, a distance of 224.91 feet, with the north right -of -way
line of said County Road No. 113, the south line of said 5.436 acre tract, to the POINT
OF BEGINNING
Containing 0.098 acres of land, more or less "
Qt -dd.er S / 9 (7,.a- 2 /2I /b
Randall S. Jones (/ Date
Registered Professional nd Surveyor No. 4391
State of Texas
Date: September 28, 2000
RI Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
S:V.and Projects R216581docs \Guerrero doe
Page 1 oft
Revised an 10 -06-00
Rcviscd on 01 -17 -01
Revised on 02 -15 -01
DATE: May 18, 2001
SUBJECT: City Council Meeting — May 24, 2001
ITEM: * 12.D.2 Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Lucy Guerrero for right -of -way for the CR
113 project. The purchase price is $6,410 per 0.098 acres.
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
History: This contract with Ms. Guerrero 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: $6,410.00
Source of funds: Williamson County, 4B and Developers
Outside Resources: Randall Jones Engineering, Sheets & Crossfield, P.C.
Impact: N/A
Benefit: Improved mobility on CR113 and new waterline.
Public Comment: Several meetings with affected property owners.
Sponsor: N/A
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
cJ
- 6 Q.rj 0-15 rY1 C of Qoc,t_•
L U - O - DOCO- 000213 se1
SPECIAL WARRANTY DEED
County Road 113 Right -of -Way
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
CO expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ( "Project "); and,
0
r1 WHEREAS, the purchase of the hereinafter - described premises has been deemed
0 necessary or convenient for the construction, expansion, enlargement,
0 extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, LUCY GUERRERO, a single woman, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Ten
Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand
paid by the City of Round Rock, Texas, receipt and sufficiency of which is
hereby acknowledged, and for which no lien is retained, either expressed or
implied, have this day Sold and by these presents do Grant, Bargain, Sell and
Convey unto the City of Round Rock, Texas all those certain tracts or parcels
of land lying and being situated in the County of Williamson, State of Texas,
being more particularly described as follows:
0.098 acres, more or less, out of the WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and
being more particularly described by metes and bounds,
in Exhibit "A" attached hereto and made a part hereof.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder.
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.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wise belonging unto the City of Round Rock, Texas and its assigns
00005322. W PD 1
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City.of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Grantors, but not otherwise.
This deed is being delivered in lieu of condemnation. ��Un
I WITNESS WHEREOF, this instrument is executed on this the C�J day of
�,likrQ. , 2001.
State of Texas
County of Williamson
This instrument was acknowledged before me on this the ZO , day
of L-C.- , 2001 by LUCY GUERRERO.
CLAIRE HARTMAN
Notary Public, Stale of Texas
My Cammuaion Expires
M Y O
LiCY G ERO
Acknowledgment
Notary Public, S to of Texas
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN 0:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
00005322.WPD 2
RECORDERS MEMORAISJD
Parts of the tat on this page was
dearly legible for satisfactory o n t
1
EXHIBIT
FIELD NOTE DESCRIPTION FOR A 0.098 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 5.436 ACRE
TRACT, CONVEYED TO LUCY GUERRERO IN DOCUMENT NO. 9760377, OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the southwest corner of said 5.436 acre tract of
land, the same being the southeast corner of a 38.0 acre tract of land conveyed to Robert
Dillard and recorded in Volume 1390, Page 799, of the Official Records of Williamson
County, Texas, said point being in the north right -of -way line of County Road No.113,
known locally as Kiphen Road, for the southwest corner and the POINT OF
BEGINNING of the herein described tract;
THENCE, North 01 °17'30" East, a distance of 19.53 feet, with the west line of said
5.436 acre tract and the east line of said 38.0 acre tract, to a calculated point for the
northwest corner of this tract;
THENCE, departing the west line of said 5.436 acre tract, the east line of said 38.0 acre
tract, South 88°37'12" East, a distance of 224.97 feet, crossing said 5.436 acre tract, to a
calculated point in the east line of said 5.436 acre tract and the west line of a 1.138 acre
tract dedicated for use as a public road in Volume 1473, Page 113, of the Official
Records of Williamson County, Texas, for the northeast corner of this tract;
THENCE, South 01 °29'24' -West, a distance of 18.53 feet, with the east line of said
5.436 acre tract and the west line of said 1.138 acre tract, to an iron rod found at the
southeast corner of said 5.436 acre tract and the southwest corner of said 1.138 acre tract,
said point being in the north right -of -way line of County Road No. 113, for the southeast
corner of this tract;
THENCE, North 88 °52'28" West, a distance of 224.91 feet, with the north right -of -way
line of said County Road No. 113, the south line of said 5.436 acre tract, to the POINT
OF BEGINNING.
Containing 0.098 acres of land, more or less.
P dome S Cm 2/ 2 /t'
Randall S. Jones Date
Registered Professional nd Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
1212 East Rraker Lane.
- ['< . ROBERT:DILLARD (N01'07'35'E)
x0390/799 N0117'30 "E
t " _ 1 W.C.O.R. 19.53'
E.-.., _ - � T
� :Ti DEED LINE
.l
G
POINT OF BEGINNING IN FIELD NOTES
0
A 0.098 ACRE 1RACT OF LAND, SITUATED IN
VAWAMSON COUNTY, TEXAS, AND BEING OUT OF THE
YAWS DONAHO SURVEY. ABSTRACT No.173, AND
BEING A PART OF THAT CERTAIN TRACT OF LAND
CONVEYED TO LUCY GUERRERO IN DOCUMENT
No.9760377, OF THE OFFICIAL RECORDS OF
WIWAMSON COUNTY, TEXAS.
St\Land Protects R2 \658 \ deg \658rorBV.d,g 02/21101 0844.13 AM CST
SKETCH TO ACCOMPANY FIELD NOTES:
REMAINDER OF
LUCY GUERRERO
Doc. No.9760377
W.C.O.R.
S883712'E 224.97
N88'52'28'W 224.91'
(N88'56'13' W) (224.93')
0
O
Co. Rd. 113 "Kiphen Road
0
0 �d
or)
U
01
0.
w
2
0
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
RJ
SURVEYING INC.
LEGEND:
W.C.O.R: VAWAMSON COUNTY OFFICIAL RECORDS
W.C.D.R: WIWAMSON COUNTY DEED RECORDS
W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS
( ) RECORD PER VOL 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
Q = CALCULATED POINT
_L. DEED LINE
(801'07'36'W)
S01'29'24'W
18.53'
DATE SEPTEMBER 28, 2000
REVISED: JANUARY 15, 2001
REVISED: FEBRUARY 15, 2001
ENGINEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
SCANNED # q
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
07- 09- 200f01:30 PM 2001048967
ANDERSON $17.00
" NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS �`
ISSUED BY
LawyersTtleInsurance Crporation
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 described in Schedule A being vested other than as slated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialmen'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, attomeys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the
Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
Attest.
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Cover Page
Form 1178 -22
r � \N
pp i e
WfSLtL'° By:
Secretary 1 r`)\ 1925 j'
f /
ORIGINAL
OWNER'S POLICY OF TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION
r .
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restncting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (111) 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 rights of a purchaser for value without knowledge.
3. Detects, liens, encumbrances, adverse claims or other matters.
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
unmarketability of the title.
5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy,
by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either
(r) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable
distribution or voidable dividend,
(ii) the subordination or recharactenzation of the estate or interest insured by dos Policy as a result of the application of the doctrine of equitable
subordination or
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 disbngwshed from purchase
Including, but not limited to, heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate, partnership or fiduciary successors, and
specifically, without limitation, the following'
(I) the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation upon partial or complete
liquidation;
(n) the partnership successors in interest to a general or limited
partnership which dissolves but does not terminate,
(n) 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,
(w) the successors In interest to a joint venture resulting from the
distnbution of the assets of the loin) venture upon partial or complete liquidation;
(v) the successor or substitute trustee(s) or a trustee named in a wntten
trust instrument; or
(vi) the successors in Interest to a trustee or trust resulting from the
distnbution 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 affecting the
land.
(1) land': the land described or referred to in Schedule A, and Improvements
affixed thereto that by law constitute real property The term 'land' does not Include any
property beyond the lines of the area descnbed or referred to In Schedule A, nor any
nght, tale, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(e) 'mortgage': mortgage, deed of trust, trust deed, or other security instrument.
(I) '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 l(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 distnct court for the distnct in
which the land is located
(9) 'access'. legal right of access to the land and not the physical condition of
access. The coverage provided as to access does not assure the adequacy of access
for the use Intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of
an insured only so long as the insured retains an estate or Interest In the land, or holds
an Indebtedness secured by a purchase money mortgage given by a purchaser from the
insured, or only so long as the Insured shall have liability by reason of covenants of
warranty made by the Insured In any transfer or conveyance of the estate or Interest
This policy shall not continue m 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 writing (I) in case of any litigation
as set fo0h In Section 4(a) below, or (11) In case knowledge shall come to an insured
hereunder of any daim of title or Interest that is adverse to the title to the estate or
interest, as insured, and that might cause loss or damage for which the Company may
be liable by virtue of this policy. If prompt notice shall not be given to the Company,
then as to the insured all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice is required, provided, however, that failure to
notify the Company shall in no case prejudice the 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 lien, encumbrance, adverse claim or other defect in title to the estate or
interest in the land insured by this policy that Is not excluded or excepted from the
coverage of this policy, the Company shall promptly investigate the charge to determine
whether the lien, encumbrance, adverse claim ordered is valid and not barred by law or
statute. The Company shall notify the insured in writing, within a reasonable time, of its
determination as to the validity or Invalidity of the insured's claim or charge under the
policy. If the Company concludes that the lien, encumbrance, adverse claim or defect Is
not covered by this policy, or was otherwise addressed in the closing of the transaction
in connection with which this policy was Issued, the Company shall specifically advise
the Insured of the reasons for its determination. If the Company concludes that the hen,
encumbrance, adverse claim or defect is valid, the Company shall take one of the
following actions: (I) institute the necessary proceedings to clear the lien, encumbrance,
adverse claim or defect from the title to the estate as Insured, (ii) indemnify the insured
as provided In this policy; (9) upon payment of appropriate premium and charges
therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of
the estate or interest in the land insured by this policy, a policy of title insurance without
exception for the lien, encumbrance, adverse claim or defect, said policy to be in an
amount equal to the current Value of the property or, if a mortgagee policy, the amount
of the loan; (10) Indemnify another title insurance company in connection with as
Issuance of a pollcy(fes) of title Insurance without exception for the lien, encumbrance,
adverse claim or defect, (v) secure a release or other document discharging the ben,
encumbrance, adverse claim or defect; or (01) 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 written request by the insured and subject to the options contained in
Section 6 of Ihese Conditions and Stipulations, the Company, at as own cost and
without unreasonable delay, shall provide for the defense of an Insured in litigation in
which any third party asserts a daim adverse to the title or interest as insured, but only
as to those stated causes of action alleging a defect, lien or encumbrance or other
matter insured against by this policy The Company shall have the nght 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 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 (lability or waive any provision of this policy If the Company shall
exercise its nghts under this paragraph, it shall do diligently
(c) Whenever Inc Company shall have brought an action or Interposed a
defense as required or permitted by the provisions of this policy, Inc Company may
pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from any adverse judgment
or order
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals herein, and permit the Company to use, at Its option, the name of the Insured
for this purpose Whenever requested by the Company, the insured, at the Companys
expense, shall give the company all reasonable aid (I) In any action or proceeding,
securing evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that In the opinion of
the Company may be necessary or desirable to establish the He 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 [lability 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 atter 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 gluing rise to the loss or damage. The proof cl
loss or damage shall describe the defect in, or lien or encumbrance on the title, or other
matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the Toss 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 (lability 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 daimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date
before or after Date of Policy, which reasonably pertain to the loss or damage. Further, 11
requested by any authonzed representative of the Company, the insured claimant shall
grant its permission, in writing, for any authonzed representable 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 daimant
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 panes as required in this paragraph shall
terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options
(a) To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the amount of insurance under this policy,
together with any costs, attorneys' fees and expenses incurred by the insured claimant,
which were 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
0217075 •12 491 $ * * * *' ',410.00 $ * ** *270.00 1000
CASE NUMBER
2001 RR 217075 -M (215) /khs
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY URNC
DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
7/ 9/2001 $ 6,410.00 0217075
SCHEDULE A
1. Name of Insured:
CITY OF ROUND ROCK, TEXAS
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK, TEXAS
4. The land referred to in this policy is described as follows:
117398WILLIAMSON MORE COUNTY, TEXAS, AND THE
BEINGWILLIS DONAHO
MOREPARTICU , LARLY DESCRIBED BED IN
EXHIBIT "A" ATTACHED HE
Texas Owner's Policy T -1 (Rev. 1 -1 -93) ,
Schedule A
AUSTIN TITLE COMPANY
Countersigned By:
Autnorizen countersignature
Valid Only If Schedule B
And Cover Page Are Attache
1
1
EXHIBIT
'"
FIELD NOTE DESCRIPTION FOR A 0.098 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 5.436 ACRE
TRACT, CONVEYED TO LUCY GUERRERO IN DOCUMENT NO. 9760377, OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the southwest corner of said 5.436 acre tract of
land, the same being the southeast corner of a 38.0 acre tract of land conveyed to Robert
Dillard and recorded in Volume 1390, Page 799, of the Official Records of Williamson
County, Texas, said point being in the north right -of -way line of County Road No.113,
known locally as Kiphen Road, for the southwest corner and the POINT OF
BEGINNING of the herein described tract;
THENCE, North 01 °17'30" East, a distance of 19.53 feet, with the west line of said
5.436 acre tract and the east line of said 38.0 acre tract, to a calculated point for the
northwest corner of this tract;
THENCE, departing the west line of said 5.436 acre tract, the east line of said 38.0 acre
tract, South 88°37'12" East, a distance of 224.97 feet, crossing said 5.436 acre tract, to a
calculated point in the east line of said 5.436 acre tract and the west line of a 1.138 acre
tract dedicated for use as a public road in Volume 1473, Page 113, of the Official
Records of Williamson County, Texas, for the northeast comer of this tract;
THENCE, South 01 °29'24 " -West, a distance of 18.53 feet, with the east line of said
5.436 acre tract and the west line of said 1.138 acre tract, to an iron rod found at the
southeast corner of said 5.436 acre tract and the southwest corner of said 1.138 acre tract,
said point being in the north right -of -way line of County Road No. 113, for the southeast
comer of this tract;
THENCE, North 88 °52'28" West, a distance of 224.91 feet, with the north right -of -way
line of said County Road No. 113, the south line of said 5.436 acre tract, to the POINT
OF BEGINNING.
Containing 0.098 acres of land, more or less.
P at-hei S z/2 / /b I
Randall S. Jones Date
Registered Professional d Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
SCALE 1' =50'
ROBERT DILLARD
1390/799
DEED UNE
POINT OF BEGINNING IN FIELD NOTES
A 0.098 ACRE TRACT OF LAND, SITUATED IN
VAWAMSON COUNTY, TEXAS, AND BEING OUT OF THE
YAWS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF THAT CERTAIN TRACT OF LAND
CONVEYED TO LUCY GUERRERO IN DOCUMENT
No.9760377, OF THE OFFICIAL RECORDS OF
WIWAMSON COUNTY, TEXAS
S\Lond Protects R2\ 658\ deg \65Bro.BVd.g 02/21/01 0804113 AN CST
SKETCH TO ACCOMPANY FIELD NOTES:
(N01'07'35'E)
NO117'30'E
19.53'
7
REMAINDER OF
LUCY GUERRERO
Doc. No.9760377
W.C.D.R.
588'37'12'E 224.97'
N88 224.91'
(N88'56' 13' W) (224.93')
Co. Rd. 113 "Kiphen Road"
RJ
SURVEYING INC.
LEGEND:
W.C.O.R=WIWAMSON COUNTY OFFICIAL RECORDS
W.C.D.R.= WIWAMSON COUNTY DEED RECORDS
W.C.P.R.=WIWAMSON COUNTY PLAT RECORDS
( ) RECORD PER VOL 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
A = CALCULATED POINT
DEED UNE
(601'07'36
S0129'24'W
18.53'
DATE SEPTEMBER 28, 2000
NO EASEMENT RESEARCH WAS PERFORMED REVISED: JANUARY 15, 2001
BY RJ SURVEYING INC. REVISED: FEBRUARY 15, 2001
ENGINEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN. TEXAS 78753 (512) 836 -4793
CASE NUMBER
LAWYERS TITLE INSURANCE CORPORATION
2001 RR 217075 -M (215) /khs
SCHEDULE B
•
OWNER POLICY OF
TITLE INSURANCE
DATE OF
POLICY
7/ 9/2001
POLICY NUMBER
0217075
This policy does not insure against loss or damage (and the Company will
not pay costs, attorneys 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):
DOCUMENT #9760377, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivgrship 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 roperty under Section 11.13, TEXAS TAX
CODE, or because of improvements no 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.
7. THIS PROPERTY IS LOCATED WITHIN'BRUSITY CREEK WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH
A DISTRICT.
8. AN EASEMENT DATED DECEMBER 3 1940 GRANTED TO TEXAS POWER AND LIGHT
COMPANY BY MRS. C.C. CODY, R IN VOLUME 308, PAGE 22,_ R CORDS,
WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC TRANSMISSION AND OR
DISTRIBUTION LINE AND SYSTEMS, TOGETHER WITH ALL RIGHTS RECITED TH REIN)
( CONT. ON SCH. B, PAGE 2 )
Texas Owner's Policy T -1 (Rev. 1 -1 -93) ' Valid Only If Schedule A
Schedule B And Cover Page Are Attached
CASE NUMBER
OWNER POLICY OF
TITLE INSURANCE
2001 RR 217075 -M (215) /khs
SCHEDULE B
LAWYERS TITLE INSURANCE CORPORATION
DATE OF POLICY NUMBER
POLICY
7/ 9/2001 0217075
9. AN EASEMENT DATED JULY 7, 1982 GRANTED TO TEXAS POWER AND LIGHT COMPANY
BY ROCK N' J RANCH, INC., RECORDED IN VOLUME 892 PAGE 720 DEED RECORDS,
WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC DISTRIBUTION LINE AND
SYSTEMS, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
10. ON, UNDIVIDED , ONE-HALF THAT MAY 2 BE PRODUCED FROM L SUBJEC AND OPERTY AS SET
FOTH IN INSTRUMENT RECORDED IN VOLUME 861, PAGE 345, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS.
NOTE: TITLE TO THE HEREIN DESCRIBED MINERAL INTEREST(S) NOT EXAMINED
SUBSEQUENT TO DATE(S) OF AFORESAID INSTRUMENT.
11. ANY VISIBLE AND /OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT
PROPERTY, THE EXISTENCE OF WHICH DOES NOT APPEAR OF RECORD.
12. ANY PORTION OF THE PROPERTY HEREIN DESCRIBED WHICH FALLS WITHIN THE
BOUNDARIES OF ANY ROAD OR ROADWAY.
13. ALL THE OIL GAS AND OTHER MINERALS ON, IN UNDER OR THAT MAY BE PRODUCED
FROM THE DOCUMENT PROPERTY EXCEPTED MNNC
0104896 OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.
NOTE: TITLE TO THE HEREIN DESCRIBED MINERAL INTEREST(S) NOT EXAMINED
SUBSEQUENT TO DATE(S) OF AFORESAID INSTRUMENT.
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule 13 And Cover Page Are Attached
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim Insured against under this policy, together with any costs,
attomeys' fees and expenses incurred by the insured claimant, which were authorized
by the Company up to the bore of payment and which the Company is obligated to pay,
or
(11) to pay or otherwise settle with the insured claimant the Ioss Or damage
provided for under This policy, together with any costs, attorneys' fees and expenses
Incurred by the insured claimant, which were authorized by the Company up to the time
of payment and which the Company is obligated to pay
Upon the exercise by the Company of either of the options provided for In
paragraphs 10) or (ii), the Company's obligations to the insured under this policy for
the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue any
litigation
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary Ioss or damage
sustained or incurred by the Insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein described
(a) The liability of the Company under this policy shall not exceed the least of
(1) the Amount of Insurance stated In Schedule A,
(0) 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 fumish 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 lull
consideration paid for the land, whichever Is less, or if subsequent to the Date of Policy
an improvement is erected on the land which Increases the value of the insured estate
or interest by at least 20 percent over the Amount of Insurance stated in Schedule A,
then this Policy is subject to the following
(i) where no subsequent Improvement has been made, as to any partial
Ioss, the Company shall only pay the Ioss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at
Date of Policy, or
(II) where a subsequent Improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata In the proportion that 120 percent of
the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance stated in Schedule A and the amount expended for the Improvement
The provisions of this paragraph shall not apply to costs, attomeys' lees and
expenses for which the Company is liable under this policy, and shall only apply to that
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated m Schedule A
(c) The Company will pay only those costs, attorneys' lees and expenses
Incurred in accordance with Section 4 of these Conditions and Stipulations
8. APPORTIONMENT.
If the land described in Schedule A consists 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 Ioss shall be computed and settled on a pro rata basis as II the
amount of Insurance under this policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon
as to each parcel by the Company and the Insured at the time of the Issuance of this
policy and shown by an express statement or by an endorsement attached to this policy
9. LIMITATION 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 al any appeals therefrom, it shall
have fully performed Its obligations with respect to that maker and shall not be Ilable for
any Ioss 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 Ioss or damage until mere
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
Ilabllily voluntanly assumed by the insured in settling any claim or suit without the poor
written consent of the Company
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' lees
and expenses, shall reduce the amount of the Insurance pro tanto
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a mortgage to
which exception Is taken in Schedule B or to which the insured has agreed, assumed, or
taken subject, or which is hereafter executed by an insured and which is a charge or hen
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.
81178-22
CONDITIONS AND STIPULATIONS — CONTINUED
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed, 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 axed 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 Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all
nght of subrogation shall vest in the Company unaffected by any am 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 hbgation
Involving these rights or remedies
If a payment on account of a claim does not fully cover the Ioss of the Insured
claimant. the Company shall be subrogated to these rights and remedies in the
proportion that the Company's payment bears to the whole amount 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 to the Company by reason of the Impairment by the insured claimant of the
Company's nght 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 rights of the insured to indemnities, guaranties, other
policies of insurance or bonds, notwithstanding any terms or conditions contained in
those instruments that provide for subrogation rights by reason of this policy
14. ARBITRATION.
Unless prohibited by applicable law or unless This arbitration section is deleted by
specific provision in Schedule B of this policy, either the company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules or the American
Arbitration Association, Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured ansing 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 S1,000,000 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 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' lees 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 jaw 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, If any, attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy,
(c) No amendment of or endorsement to this policy can be made except by a
wnling 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 15 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 eff ect
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and shall
be addressed to Consumer Affairs Department, P 0 Box 27567, Richmond, Virginia
23261 -7567
COMPLAINT NOTICE
Should any dispute arise about your premium or about a claim that you have
filed, contact the agent or write to the Company that Issued the policy. 11 the
problem Is not resolved, you also may write the Texas Department of Insurance,
P.O. Box 149091, Austin, TX 78714 -9091, Fax N. (512) 475 -1771. This notice of
complaint procedure Is for information only and does not become a part or
condition of Ihls policy.
CONTROL NUMBER 611-0015948,
t
JvyersIt1e
Insurance Crporation
A LANDAMENU COMP
TEXAS OWNER
POLICY OF
TITLE INSURANCE
ISSUED BY
Latuyerssidejnsuiance @rp, o, ration
HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23 23 5 -51 53
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
FIELD NOTE DESCRIPTION FOR A 0.098 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 5.436 ACRE
TRACT, CONVEYED TO LUCY GUERRERO IN DOCUMENT NO. 9760377, OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the southwest corner of said 5.436 acre tract of
land, the same being the southeast corner of a 38.0 acre tract of land conveyed to Robert
Dillard and recorded in Volume 1390, Page 799, of the Official Records of Williamson
County, Texas, said point being in the north right -of -way line of County Road No.113,
known locally as Kiphen Road, for the southwest corner and the POINT OF
BEGINNING of the herein described tract;
THENCE, North 01 °17'30" East, a distance of 19.53 feet, with the west line of said
5.436 acre tract and the east line of said 38.0 acre tract, to a calculated point for the
northwest corner of this tract;
THENCE, departing the west line of said 5.436 acre tract, the east line of said 38.0 acre
tract, South 88°37'12" East, a distance of 224.97 feet, crossing said 5.436 acre tract, to a
calculated point in the east line of said 5.436 acre tract and the west line of a 1.138 acre
tract dedicated for use as a public road in Volume 1473, Page 113, of the Official
Records of Williamson County, Texas, for the northeast corner of this tract;
THENCE, South 01°29'24". West, a distance of 18.53 feet, with the east line of said
5.436 acre tract and the west line of said 1.138 acre tract, to an iron rod found at the
southeast corner of said 5.436 acre tract and the southwest corner of said 1.138 acre tract,
said point being in the north right -of -way line of County Road No. 113, for the southeast
corner of this tract;
THENCE, North 88 °52'28" West, a distance of 224.91 feet, with the north right -of -way
line of said County Road No. 113, the south line of said 5.436 acre tract, to the POINT
OF BEGINNING.
Containing 0.098 acres of land, more or less.
ct4C�,�.� z /2V /nl
Randall S. Jones Date
Registered Professional nd Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc.
1212 East Braker Lane
Austin, Texas 78753
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