R-01-05-24-12D4 - 5/24/2001AMMON
O
AUSTIN TITLE COMPANY
a subsidiary of LandAmerica Financial Group, Inc.
t
December 18, 2001 .
City of Round Rock, Texas
c/o Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
Re: Our File Number: 01 RR 217069 -F
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. 217069.
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
ISSUED BY OWNER'S POLICY OF TITLE INSURANCE
J wyerssitleInsurance enporation
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 staled therein;
2. Any detect m 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
authonzed officers, the Policy to become valid when countersigned by an authonzed officer or agent of the Company.
Attest:
(b)
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Cover Page
Form 1178 -22
WSURiQ'tt
s3 ISEAL111 By:
Secretary ri j 1925 4
1 •k ` r'
EXCLUSIONS FROM COVERAGE
ORIGINAL
LAWYERS TITLE INSURANCE CORPORATION
President
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
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. Defects, Sens, 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 descnbed in Schedule A because of
unmarketabildy of the Idle.
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' nghts laws that is based on either
(i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable
distribution or voidable dividend,
(k) 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
(iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer
results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the
failure of such recordation to impart notice to a purchaser for value or ajudgment or hen creditor.
1. DEFINITION OF TERMS.
The following terms when used in this policy mean
(a) 'insured': the insured named In Schedule A, and, subject to any nghts or
defenses the company would have had against the named insured, those who succeed
to the Interest of the named Insured by operation of law as distinguished from purchase
including, but not limited to, heirs, 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 dismbuton of the assets of the corporation upon partial or complete
liquidator,
(u) the partnership successors in Interest to a general or limited
partnership which dissolves but does not terminate;
(0) the successors in interest to a general or limited partnership resulting
from the distribution of the assets of the general or limited partnership upon partial or
complete liquidation,
(iv) the successors in interest to a joint venture resulting from the
distnbution of the assets of the joint venture upon partial or complete liquidation,
(v) the successor or substitute trustee(s) of a trustee named in a written
trust instrument; or
(vi) the successors m 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
(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
right, 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 district in
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 Date of Policy in favor of
an insured only so long as the insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage given by a purchaser from the
insured. or only so long as the insured shall have liability by reason of covenants of
warranty made by the insured in any transfer or conveyance of the estate or interest.
This policy shall not continue in force in favor of any purchaser from the insured of either
(i) an estate or interest in the land, or (n) an indebtedness secured by a purchase money
mortgage given to the insured
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 rls 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 defect, lien or encumbrance or other
matter insured against by this policy The Company shall have the right to select
counsel of its choice (subject to the right of the insured to object for reasonable cause)
to represent the insured as to those stated causes of action and shall not be liable for
and will not pay the fees of any other counsel The company will not pay any fees, costs
or expenses incurred by the insured m the defense of those causes of action that allege
matters not insured against by this policy
(b) The Company shall have the nght, 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 terns of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy If the Company shall
exercise Its rights under this paragraph, rt 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 junsdiction 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 nght 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 (1) 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 title to the estate or
interest as insured. If the Company is prejudiced by the failure of the insured to furnish
the required cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 91 days
after the insured shall ascertain the facts giving rise to the loss or damage The proof of
loss or damage shall descnbe the defect In, or lien or encumbrance on the title, or other
matter insured against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or
damage If the Company is prejudiced by the failure of the insured claimant to provide
the required proof of loss or damage, the Companys obligations to the insured under
the policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such proof of loss
or damage
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authonzed representative of the Company and shall
produce for examination, Inspection and copying, at such reasonable times and places
as may be designated by any 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, if
requested by any authonzed representative of the Company, the insured claimant shall
grant Its permission, in writing, for any authonzed 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, d Is necessary In the administration
of the claim Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that claim,
6.' '"OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the amount of insurance under this policy,
' together with any costs, attorneys' fees and expenses Incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or lender of payment
and which the Company Is obligated to pa`y. 1 '
Upon the exercise by the Company of this option, all liability and obligations
to the Insured under thus policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
h6gation, and the policy shall be surrendered to the Company for cancellation
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in wnting (i) In case of any litigation
as set forth in Section 4(a) below, or (a) in case knowledge shall come to an insured
hereunder of any claim of title or interest that i5 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 or defect Is valid and not barred by law Or
statute The Company shall notify the Insured in wnting, 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, acNerse 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 lien,
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 We to the estate as insured, (II) indemnify the insured
as provided in this policy; (iii) upon payment of appropriate premium and charges
therefor, issue to the Insured claimant or to a subsequent owner, mortgagee or holder of
the estate or interest in the land insured by this policy, a policy of title insurance without
exception for the Ilen, encumbrance, adverse claim or defect, said policy to be In an
amount equal to the current value of the property or, if a mortgagee policy, the amount
of the loan; (iv) Indemnity another title insurance company in connection with its
issuance of a pohcy(ies) of title insurance without exception for the lien, encumbrance,
adverse claim or defect; (v) secure a release or other document discharging the hen,
encumbrance, adverse claim or defect, or NO undertake a combination of (I) through (v)
herein.
1 ,
� I
continued on next page of cover sheet
0217069 L 491 $ * * * ** *3,280.00 $ * ** *270.00 1000
CASE NUMBER
2001 RR 217069 -F (215) /khs
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
10/16/2001 $ * * * ** *3,280.00 0217069
SCHEDULE A
1. Name of Insured:
CITY OF ROUND ROCK, TEXAS, A MUNICIPAL CORPORATION
2. The estate or interest in the land that is covered by this policy is:
EASEMENT ESTATE ONLY
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK, TEXAS, A MUNICIPAL CORPORATION
The land referred to in this policy is described as follows: '
EASEMENT ESTATE ONLY IN AND TO 0.094 OF AN ACRE OF LAND, MORE OR LESS OUT
OF THE WILLIS DONAHO SURVEY ABSTRACT N0.173, WILLIAMSON COUNTY TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO.
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Schedule A
AUSTIN TITLE COMPANY
Countersigned By:
Authorizes Countersignature
Valid Only If Schedule B
And Cover Page Are Attached
FIELD NOTE DESCRIPTION: A 25 FOOT WIDE WATERLINE
EASEMENT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WIIZIAMSON
COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS
DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT
CERTAIN TRACT OF LAND SAID TO CONTAIN 2.00 ACRES, CONVEYED
TO JIMMY R. WALLIN, ET UX, FROM RUDOLPH WALLIN, ET UX, IN A
DEED RECORDED IN VOLUME 688, PAGE 322, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at the southwest corner of said 2.00 acre tract, same being a point in
that certain tract of land said to contain 152.38 acres, and conveyed to Rudoph
Wallin, et ux and recorded in Volume 450, Page 14, of the Deed Records of
Williamson County, Texas, for the southwest corner and POINT OF BEGINNING
of the herein described tract;
THENCE North 06 °10'42" West, with the west line of said 2.00 acre tract, a
distance of 21.76 feet to a calculated point for the northwest corner of this tract;
THENCE departing the west line of said 2.00 acre tract, North 72 °54'55" East,
crossing said 2.00 acre tract, a distance of 173.59 feet to a calculated point in the east
line of said 2.00 acre tract, same being a point in said 152.38 acre tract, for the
northeast corner of this tract;
THENCE South' 06 °10'42" East, with the east line of said 2.00 acre tract, a distance
of 25.46 feet to a calculated point, for the southeast comer of this tract, from which
the southeast corner of said 2.00 acre tract bears South 06 °10'42" East, 1.38 feet;
THENCE departing the east line of said 2.00 acre tract, South 72 °54'55" West, a
distance of 47.14 feet to a calculated point in the south line of said 2.00 acre tract, for
an angle corner of this tract;
THENCE South 74 °34'18" West, with the south line of said 2.00 acre tract, a
distance of 125.79 feet, to the POINT OF BEGINNING.
Containing 0.094 acres more or less.
c4c pit s „pd._ 3/ s/),
Randall S. Jones Date
Registered Profess nal Land Surveyor No. 4391
State of Texas
RJ Surveying, Inc.
1212 E. Braker Lane
Austin, Texas 78753
LINE TABLE
UNE
BEARING
LENGTH
L1
N0670'421W
21.76'
L2
S0610'42 - E
25.46'
L3
S7254'551W
4Z14'
_ L4
S7434'18 - W
125.79'
SKETCH TO ACCOMPANY FIELD NOTES:
25' WIDE WATERLINE EASEMENT
SCALE 1'.50'
LEGAL DESCRIPTION;
BEING A 0.094 ACRE INACT OF LAND SITUATED IN
WILUAMSON COUNTY, TEXAS AND BEING OUT OF THE
WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND
BEING OUT OF 7T-IAT CERTAIN TRACT OF LAND SAID
TO CONTAIN 2.00 ACRES, CONVEYED TO JIMMY R.
WALLIN, ET UX, AND RECORDED IN VOLUME 688, PAGE
322, OF THE DEED RECORDS OF WILUAMSON COUNTY,
TEXAS
RUDOLF WALUN
450/114
W.C.D.R. /
gIPK� ftogr —
11g
RO
Cog?'" /
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
S. \Land Protects R8 \658 \drg\25WLE.drg 03/07/01 12.5008 PM CST
RUDOLF WAWN /
450/114 \ / i /
2.0 ACRES W.C.D.R. 1 -----
WAW ,— N /
666/322
W.C.D.R. / /
' / 1�PROPOD 25, E
i
3. 4,
1
LEGEND:
W.C.D.R.= WIWAMSON COUNTY DEED RECORDS
POB =POINT OF BEGINNING
( ) RECORD PER VOL 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
A = CALCULATED POINT
DATE: MARCH 7, 2001.
RJ
SURVEYING INC.
ENG00EEIMNG
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 838 -4793
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF
POLICY
2001 RR 217069 -F (215) /khs 10/16/2001
SCHEDULE B
RIGHTS OF PARTIES IN POSSESSION.
( CONT. ON SCH. E, PAGE 2
POLICY NUMBER
0217069
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 l 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):
ITEM 1 OF SCHEDULE B IS HEREBY DELETED IN ITS ENTIRETY.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any
spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to,
persons the public, corporations, government or o entities,
a. to tidelands, or lands comprising the shores or beds of navigable or
perennial rivers and streams lakes, bays, gulfs or oceans, or
b. to lands be and the line of the harbor or bulkhead lines as established
or changed by an 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 f or 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 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.):
7. AN EASEMENT DATED NOVEMBER 13, 1985 GRANTED TO TEXAS UTILITIES ELECTRIC
COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY JIMMY R. WALLIN AND
RECO R D S AT WILL I IA AMS O N W COUNT Y RECORDED 7XAS. (EASEME FOR ELECTRICO 30, OFFICIAL LINE,
TOGETHER WITH ALL RIGHTS RECITED THEREIN)
8. AN EASEMENT DATED AUGUST 22 1977 GRANTED TO TEXAS POWER AND LIGHT
COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY RUDOLPH WILLIN, RECORDED
IN VFORELECTRIC9AND PAGE
TELEPHONE DEED
LINES , WITH ALL RIGHTS (EASEMENT
RECITED THEREIN)
Texas Owner's Policy T - (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF
POLICY
2001 RR 217069 -9 (215) /khs 10/16/2001
SCHEDULE B
POLICY NUMBER
0217069
9. AN EASEMENT DATED OCTOBER 19, 1977 GRANTED TO TEXAS POWER AND LIGHT
COMPANY BY RUDOLPH G. WALLIN RECORDED IN VOLUME 710 PAGE 42 DEED
RECORDS, SYSTEMS, ON COUNTY, HER WITH ALL ELECTRIC TELEPHONE
10. AN EASEMENT DATED SEPTEMBER 6, 1979, GRANTED TO TEXAS POWER AND LIGHT RDOLPH WALLIN, RECORDED
COMPANY AN
IN VOLUMES 801, PAGES 263, DEED RECORDS, WI TEXAS. (EASEMENT
FOR ELECTRIC AND TELEPHONE LINES AND SYSTEMS, TOGETHER WITH ALL RIGHTS
RECITED THEREIN)
11. ALL THE OIL GAS AND OTHER MINERALS ON, IN UNDER OR THAT MAY BE PRODUCED
FROM THE SUBJECT PROPERTY ARE EXCEPTED HEREFROM IN INSTRUMENT RECORDED IN
VOLUME 1970, PAGE 515, OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
12. AN UNDIVIDED 5/128 ROYALTY INTEREST IN AND TO ALL OIL, GAS AND OTHER
MINERALS ON IN UNDER OR THAT MAY BE PRODUCED FROM THE SUBJECT PROPERTY AS
SET FORTH IN INSTRUMENT RECORDED IN VOLUME 397, PAGE 209, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS.
13. AN EASEMENT DATED JUNE 20 2001, GRANTED TO THE CITY OF ROUND ROCK, TEXAS,
A MUNICIPAL COREPORATION by JIMMY R. WALLIN AND WIFE KATHERINE R. WALLIN,
RECORDED AS DOCUMENT 92001076258, OFFICIAL PUBLIC RECORDS WILLIAMSON
COUNTY TEXAS. (EASEMENT FOR WATERLINE, TOGETHER WITH AL 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) To Pay or Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant
(i) to pay or otherwise settle with other parties for or in the name of an
Insured claimant any claim Insured against under this policy, together with any costs,
attorneys' fees and expenses Incurred by the insured claimant, which were authorized
by the Company up to the time of payment and which the Company is obligated to pay,
or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the Insured claimant, which were authorized by the Company up to the time
of payment and which the Company is obligated to pay
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(1) or (u), 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 (lability or obligation to defend, prosecute or continue any
litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein described
(a) The liability of the Company under This policy shall not exceed the least of
(1) the Amount of Insurance stated in Schedule A,
(11) the difference between the value of the Insured estate or interest as
insured and the value of the Insured estate or interest subject t0 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
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 01 Policy, or
(II) where a subsequent Improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of
the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance stated In Schedule A and the amount expended for the improvement.
The provisions of 'this paragraph shall not apply to costs, attorneys' 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 slated in Schedule A.
(c) The Company will pay only those costs, attorneys' lees and expenses
Inured 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 if the
amount of insurance under this policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon
as to each parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement or by an endorsement attached to this policy
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged detect, lien or
encumbrance, or cures the lack of a nght of access to or from the land, all as insured, or
takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom, It shall
have fully performed its obligations with respect to that matter and shall not be liable for
any loss or damage caused thereby
(b) In the event of any litigation, including litigation by the Company or with the
Companys consent, the Company shall have no liability for loss or damage until there
has been a final determination by a court of competent lunsdicticn, 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 prior
written consent of the Company
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro lento
11. LIABILITY NONCUMULATIVE.
11 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 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.
B 1178 -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 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
nght of subrogation shall vest in the Company unaffected by any ad 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 agalnsl 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 nght of subrogation The insured claimant
shall permit the Company to sue, compromise or settle In the name of the insured
claimant and to use the name of the insured claimant in any transaction or litigation
involving these rights or remedies
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to These rights and remedies in the
proportion that the Companys payment bears to the whole amount of the loss
If loss should result from any act of the insured claimant, as stated above, that act
shall not void this policy, but the Company, In that event, shall be required to pay only
that part of any losses insured against by this policy that shall exceed the amount, if
any, lost 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 shalt 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 51,000,000 or less SHALL BE arbitrated at the request of either the
Company or the Insured, unless the insured is an individual person (as distinguished
from a corporation, trust, partnership, association or other legal entity) All arbitrable
matters when the Amount of Insurance is in excess of 51,000,000 shall be arbitrated
only when agreed to by both the Company and the Insured. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon the
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 attomeys' 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, 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 joss or damage, whether or not based on negligence, and
which arses out of the status of the the to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authonzed
signatory of the Company,
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain in full force and effect
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in wnting
required to be furnished the Company shall include the number of this policy and shall
be addressed to Consumer Affairs Department, P O Box 27567, Richmond, Virginia
23261 -7567
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
tiled, contact the agent or waste t0 the Company that Issued the policy. I} Iho
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 This notice of
complain) procedure Is for Information only and does not become a part or
condition of this policy.
CONTROL NUMBER B11- 0016938
JuyerstIe
Insurance Corporation
TEXAS OWNER
POLICY OF
TITLE INSURANCE
ISSUED BY
Lawyersl'itlejnstuance o@poration
Home OFFICE
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235 -5153
A WORD OF THANKS
As we make your policy a part of our permanent
records, we want to express our appreciation of
this evidence of your faith in Lawyers Title r
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
awyers1itle
Insurance &oration
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1- 800 -442 -7067
1
U
WHEREAS, the City desires to purchase a tract of land containing
approximately 0.094 acres for right -of -way for the CR 113 Project, and
WHEREAS, Jimmy and Katherine Wallin, 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 a Real Estate Contract with Jimmy and Katherine
Wallin 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 M_ - , 2001
E LAND, City Secretary
0.\ WPDOCS \RRSOLDTI \R1Os26D6.WPD /ac
RESOLUTION NO. R- 01- 05- 24 -12D4
A. STLUKA, J "., 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
JIMMY WALLIN and wife, KATHERINE WALLIN, of 2506 Kiphen Road, 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
By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, an easement in, over,
and across that certain parcel of land containing approximately
0.094 acres of land situated in Williamson County, Texas, being
more particularly described in Exhibit A, attached hereto and
incorporated herein; together with a permanent easement in, over,
and across the interests of Seller, if any, in and to currently
existing adjacent streets, alleys or rights -of -way (all of such
real property, rights, and appurtenances being referred to in this
Contract as 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
Three Thousand Two Hundred Eighty and No /100 Dollars ($3,280.00).
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the consent of
Seller's lender to release the Property from its lien and financing
statement, and to the satisfaction of each of the following
C� \Tezt \ROUnCRaok \COnCemna[ Sort\ Ckll]\ COnv eyanceCVCUmenty \.INeae�IC.wpd
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
Waterline and Temporary Construction Easement conveying a permanent
easement and a temporary construction easement to all of the
Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for
the following:
(i) General real estate taxes for the year of closing and
subsequent years not yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
2.
(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 Waterline and Temporary Construction
Easement 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 Seller's execution 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.
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:
(a) Owner's Title Policy paid by Purchaser;
(b) Filing fees for easement paid by Purchaser;
(c) Filing fees for release(s) paid by Seller;
(d) Title curative matters, if any, paid by Seller; and
(e) 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.
3.
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 and No /100
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 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.
4.
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 his signature hereto, hereby grants, bargains,
sells and conveys to the City exclusive and immediate possession,
use of and right of entry onto the Property for the purpose of
constructing and installing a water transmission line, 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, which shall not be unreasonably
withheld. Regardless of the foregoing, Purchaser may assign this
Contract to the Purchaser's Contractors, or 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
5.
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.
6.
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.
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
7.
date is indicated beneath the Mayor's signature below. Article IX
shall be effective upon the execution of this Contract by Seller.
SELLER:
dimmy W in
Katherine Wallin
Date: p;9,, , 2001
PURCHASER:
CI OF RO NDRO K, TEX S
Ro:=rt A. S luka, ., Mayor
Date: 5 - C ) 1 - 1 , 2001
8.
FIELD NOTE DESCRIPTION: A 25 FOOT WIDE WATERLINE
EASEMENT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON
COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS
DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT
CERTAIN TRACT OF LAND SAID TO CONTAIN 2.00 ACRES, CONVEYED
TO JIMMY it WALLIN, ET UX, FROM RUDOLPH WALLIN, ET UX, IN A
DEED RECORDED IN VOLUME 688, PAGE 322, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING at the southwest comer of said 2.00 acre tract, same being a point in
that certain tract of land said to contain 152.38 acres, and conveyed to Rudoph
Wallin, et ux and recorded in Volume 450, Page 14, of the Deed Records of
Williamson County, Texas, for the southwest corner and POINT OF BEGINNING
of the herein described tract,
THENCE North 06 °10'42" West, with the west line of said 2.00 acre tract, a
distance of 21 76 feet to a calculated point for the northwest corner of this tract,
THENCE departing the west line of said 2.00 acre tract, North 72 °54'55" East,
crossing said 2.00 acre tract, a distance of 173.59 feet to a calculated point in the east
line of said 2 00 acre tract, same being a point in said 152.38 acre tract, for the
northeast corner of this tract;
THENCE South 06 ° 10'42" East, with the east line of said 2.00 acre tract, a distance
of 25.46 feet to a calculated point, for the southeast corner of this tract, from which
the southeast corner of said 2.00 acre tract bears South 06 °10'42" East, 1.38 feet;
THENCE departing the east line of said 2.00 acre tract, South 72 °54'55" West, a
distance of 47.14 feet to a calculated point in the south line of said 2 00 acre tract, for
an angle corner of this tract;
THENCE South 74°34'18" West, with the south line of said 2.00 acre tract, a
distance of 125.79 feet, to the POINT OF BEGINNING.
Containing 0.094 acres more or less.
Randall S. Jones
Registered Profess nal Land Surveyor No. 4391
State of Texas
Date
RJ Surveying, Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:lLand Projects R216581docs125' WLE Jimmy Wallin.doc
March 7, 2001
Page 1 01'1
SKETCH TO ACCOMPANY FIELD NOTES:
25' WIDE WATERLINE EASEMENT
LEGAL DESCRIPTION:
LINE TABLE
LINE
1.1
L2
L3
L4
BEARING
N0670'42 "W
S0670'42'E
S72•4'55'W
57434'18 "W
LENGTH
21.76'
25.46'
47.14'
125.79'
BEING A 0.094 ACRE TRACT OF LAND SITUATED IN
WILLIAMSON COUNTY, TEXAS AND BEING OUT OF THE
WILLIS DONAHO SURVEY, ABSTRACT Na 173, AND
BEING OUT OF THAT CERTAIN TRACT. OF LAND SAID
TO CONTAIN 2.00 ACRES, CONVEYED TO JIMMY R.
WALLIN, ET UX, AND RECORDED IN VOLUME 688, PAGE
.322, OF THE DEED RECORDS OF WIWAMSON COUNTY,
TEXAS.
RUDOLF WAWN
450/114 /
/
W.C.D.R.
I /
/, P /
/ /// / //� gI x6NR0A
/ AD 115
uNTY R O/
i O D/
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
S. \Lnnd Protects R2 \658 \dwg \25WLE.dwg 03/07/01 1260108 PM CST
POB
2.0 ACRES
J. WALLIN
688/322
W.C.D.R.
wr 1 3.-
RUDOLF WAWN
450/114
W.C.D.R.
RJ
SURVEYING INC.
LEGEND:
W.C.D.R.= WIWAMSON COUNTY DEED RECORDS
POB =POINT OF BEGINNING
( ) RECORD PER VOL 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
= CALCULATED POINT
ED 25 Y✓L
5
PROPO
DATE: MARCH 7, 2001,
ENGINEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
DATE: May 18, 2001
SUBJECT: City Council Meeting — May 24, 2001
ITEM: * 12.D.4. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Jimmy and Katherin Wallin for right -of-
way for the CR 113 project. The purchase price is $3,280 per
0.094 acres.
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
History: This contract with Mr. & Mrs. Wallin 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: $3,280.00
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
FIELD NOTE DESCRIPTION: A 25 FOOT WIDE WATERLINE
EASEMENT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON
COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS
DONAHO SURVEY, ABSTRACT NO. 173, AND BEING OUT OF THAT
CERTAIN TRACT OF LAND SAID TO CONTAIN 2.00 ACRES, CONVEYED
TO JIMMY R. WALLIN, ET UX, FROM RUDOLPH WALLIN, ET UX, IN A
DEED RECORDED IN VOLUME 688, PAGE 322, OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at the southwest corner of said 2.00 acre tract, same being a point in
that certain tract of land said to contain 152.38 acres, and conveyed to Rudoph
Wallin, et ux and recorded in Volume 450, Page 14, of the Deed Records of
Williamson County, Texas, for the southwest corner and POINT OF BEGINNING
of the herein described tract;
THENCE North 06 °10'42" West, with the west line of said 2.00 acre tract, a
distance of 21.76 feet to a calculated point for the northwest comer of this tract;
THENCE departing the west line of said 2.00 acre tract, North 72 °54'55" East,
crossing said 2.00 acre tract, a distance of 173.59 feet to a calculated point in the east
line of said 2.00 acre tract, same being a point in said 152.38 acre tract, for the
northeast comer of this tract;
THENCE South 06 °10'42" East, with the east line of said 2.00 acre tract, a distance
of 25.46 feet to a calculated point, for the southeast corner of this tract, from which
the southeast corner of said 2.00 acre tract bears South 06 °10'42" East, 1.38 feet;
THENCE departing the east line of said 2.00 acre tract, South 72 °54'55" West, a
distance of 47.14 feet to a calculated point in the south line of said 2.00 acre tract, for
an angle corner of this tract;
THENCE South 74 °34'18" West, with the south line of said 2.00 acre tract, a
distance of 125.79 feet, to the POINT OF BEGINNING.
Containing 0.094 acres more or less.
R , 02,4 0 ec34 3/ 8/0 Randall S. Jones
Date
Registered Profess Land Surveyor No. 4391
State of Texas
RJ Surveying, Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:1Land Projects R216581docs125' WLE Jimmy Wallin.doc
March 7, 2001
Page 1 of 1
LINE TABLE
LINE
BEARING
LENGTH
Li
N0670'42 "W
21.76'
L2
S0610'42 ''E
25.46'
L3
S7254 55 "W
47.14'
L4
S7434'18 "W
125.79'
SKETCH TO ACCOMPANY FIELD NOTES:
25' WIDE WATERLINE EASEMENT
_E 1 ° =50'
LEGAL DESCRIPTION:
BEING A 0.094 ACRE TRACT OF LAND SITUATED IN
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF T7-IE
WILDS DONAHO SURVEY, ABSTRACT NO. 173, AND
BEING OUT OF THAT CERTAIN TRACT OF LAND SAID
TO CONTAIN 2.00 ACRES, CONVEYED TO JIMMY R.
WALUN, ET UX, AND RECORDED IN VOLUME 688, PAGE
322, OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS
l
i
RUDOLF WALLIN
450/114
W.C.D.R.
/ KIP014 RuA
„
113
ROA
COU
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
S \Land Protects R2 \658 \dwg \25WLE.dwg 03/07/01 1250108 PM CST
N 72
2.0 ACRES
J. WALLIN
688/322
W.C.D.R.
,, 17
r
RUDOLF WALLIN
450/114
W.C.D.R.
RJ
SURVEYING INC.
LEGEND:
W.C.D.R.= WILLIAMSON COUNTY DEED RECORDS
POB =POINT OF BEGINNING
( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
= CALCULATED POINT
i
i
i
/ lP
co 2 5' WI
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
ENGINEERING _
PLANNING
SURVEYING
DATE: MARCH 7, 2001