R-01-05-24-12D5 - 5/24/2001RESOLUTION NO. R- 01- 05- 24 -12D5
WHEREAS, the City desires to purchase a tract of land containing
approximately 2.001 acres for right -of -way for the CR 113 Project, and
WHEREAS, Rudolph Wallin, 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 Cit a Real Estate Contract with Rudolph Wallin for the
purchase of the - b.ve described property, a copy of said Real Estate
Contract being tached hereto and incorporated herein for all
purposes.
The City Cou ail hereby finds and declares that written notice of
the date, hour, lace and subject of the meeting at which this
Resolution was ad ted was posted and that such meeting was open to the
public as require. t. law at all times during which this Resolution and
the subject matte { ereof were discussed, considered and formally acted
upon, all as req red by the Open Meetings Act, Chapter 551, Texas
}
Government Code, _ amended, and the Act.
RESOLVED t 24th day of May, :• .
0 ,44,4
ROB • A. STLUKA, , Mayor
City of Round Rock, Texas
ATT.
JOTS E LAND, Cit 'ecretary
0A \REsoxvr \ R10334ns.
STATE OF TEXAS
COUNTY OF WILLIAMSON
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between
RUDOLPH WALLIN, of 3500 FM 1460, 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, that certain parcel of
land containing approximately 2.001 acres of land situated in
Williamson County, Texas, being more particularly described in
Exhibit A, attached hereto and incorporated herein.
Seller further agrees to sell and convey, and Purchaser
further agrees to purchase and pay for, an easement in, over, and
across that certain parcel of land containing approximately 0.792
acres of land situated in Williamson County, Texas, being more
particularly described in Exhibit B, attached hereto and
incorporated herein; together with all and singular the rights and
appurtenances pertaining to the property, including any right,
title and interest of Seller in and to adjacent streets, alleys or
rights -of -way (all of such real property, rights, and appurtenances
being referred to in this Contract as the "Property "), together
with any improvements, fixtures, and personal property situated on
and attached to the Property, for the consideration and upon and
subject to the terms, provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of
One Hundred Forty Three Thousand Two Hundred Forty and No /100
Dollars ($143,240.00).
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
C:\ Text\ RoundRock\ Conde mnation\ CR113\ ConveyanceDocumente \RWa11inEasE nMC.xpd
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 both a duly executed and
acknowledged General Warranty Deed and a Waterline and Temporary
Construction Easement conveying good and indefeasible title in and
to the Property, free and clear of any and all liens, encumbrances,
conditions, easements, assessments, and restrictions, except for
the following:
2.
(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 and 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
3.
(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.
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
4.
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 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 a roadway project as well as 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 In addition to the consideration stated herein,
Purchaser agrees to provide Seller with two (2) curb cuts, at
points along County Road 113, that are mutually agreeable to both
parties in order to allow Seller to access the remainder of his
property.
9.03 Purchaser further agrees to install a culvert, at a
point agreeable to both parties, along FM 1460 to provide Seller
access to Seller's homestead.
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:
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.
6.
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 upon the execution of this Contract by Seller.
SELLER:
�,� f
Rudolph 03 h ,UU -,
Date: =..3e. , 2001
PURCHASER:
CI
By
Date:
7.
OF - •UN% O / , TEX S
R. rrt A. St uka, ., Mayor
, 2001
FIELD NOTE DESCRIPTION: A 0.983 ACRE TRACT
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 A PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED AS 152.38 ACRES, AND CONVEYED TO RUDOLPH WALLIN, AS
RECORDED IN VOLUME 450, PAGE 114, OF THE DEED RECORDS OF
WILLIAMS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a concrete monument found in the north occupational right -of -way line
of County Road 113, known locally as Kiphen Road, being a point in the east line of said
152.38 acre tract, for the southwest corner of Greenslope Addition Amended subdivision,
a subdivision recorded in Cabinet D, Slide 62 of the Plat Records of Williamson County,
Texas, for the southeast corner and POINT OF BEGINNING of the herein described
tract,
THENCE South 70 °55'44" West, crossing said 15238 acre tract, with said north
occupational right -of -way line of said County Road 113, a distance of 975.53 feet to an
iron rod found in the east line of that certain tract of land conveyed to the State of Texas,
recorded in Volume 1970, Page 515, of the Official Records of Williamson County,
Texas, for the southwest corner of this tract;
THENCE departing said north occupational right -of -way line of said County Road 113,
North 08 °51'14" East, with the east line of said State of Texas tract, a distance of 59 16
feet, to a calculated point, for the northwest comer of this tract;
THENCE departing the east line of said State of Texas tract, crossing said 152 38 acre
tract, the following two (2) courses:
1. North 71 °41'38" East, a distance of 740.85 feet, to a calculated point at the beginning
of a curve to the tight, for an angle corner of this tract;
2. Along the arc of said curve to the right a distance of 208.92 feet, having a radius of
1050.00 feet, a central angle of 11°24'01 ", a chord which bears North 77°23'39"
East, a chord distance of 208.58 feet, to a calculated point in the east line of said
152.38 acre tract, the west line of Lot 1 of said Greenslope Addition Amended, for
the northeast corner of this tract;
THENCE South 18 °54'42" East, with the east line of said 152.38 acre tract, the west line
of said Lot 1, a distance of 7 97 feet to an iron rod found, for the southwest corner of said
Lot 1, for an angle corner of this tract;
THENCE South 18 °04'38" East, with the east line of said 152.38 acre tract, the west line
of said Greenslope Addition Amended, a distance of 10.93 feet to the POINT OF
BEGINNING.
Containing 0.983 acres of land more or less.
P a- ,000 26/.
Randall S. Jones Date
Registered Professions and Surveyor No. 4391
State of Texas
IU Surveying Inc.
1212 E. Braker Lane
Austin, Texas 78753
S.\Land Projects R21658\docs \waWn 0.984.doc
Revised: February 22, 2001 rX �, /, f �t� i-
Page 1 of 1 G d
Rse of
LEGEND:
W.C.O.R.= WILLIAMSON COUNTY
W.C.D.R.= WILUAMSON COUNTY
W.C.P.R.= WILUAMSON COUNTY
( ) RECORD PER VOL. 2336,
• = IRON ROD FOUND
A = CALCULATED POINT
POB =POINT OF BEGINNING
OFFICIAL RECORDS
DEED RECORDS
PLAT RECORDS
PG. 22 W.C.D.R.
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
.
REMAINDER OF 1 o °Oci
RUDOLF WALLIN i ¢=3
W.C.D.R. j w
r
N08'51'14 "E
5 9.16'
450/114
SKETCH TO ACCOMPANY FIELD NOTES:
LINE TABLE
UNE
L1
L2
BEARING
S18'54'42 "E
S18'04'38 "E
LENGTH
7.97'
10.93'
CURVE TABLE
CURVE
C1
LENGTH
208.92'
RADIUS
1050.00'
TANGENT
104.81'
CHORD
208.58'
DIRECTION
N77'23'39 "E
OELTA
11'24'01"
REMAINDER OF
RUDOLF WALLIN
450/114
W.C.D.R.
9
5.
r NOTE: OCCUPATION UNE IS NOT THE DEED
UNE. THE OCCUPATION LINE IS BASED UPON
MONUMENTATION FOUND, APPROXIMATELY
I / '''j I 1.5' NORTH OF POWER LINES.
S.\ Land Protects R2 \658 \dwg \658raw8V.dwg 02/22/01 12.27149 PM CST
RJ
SURVEYING INC.
SCALE 1" -100'
C1
C
LOT 1 GREENSLOPE
ADDITION AMENDED
CABINET "D ", SLIDE 62
W.C.P.R.
LI
POB
OO -' -- CONCRETE
r gt\ - MONUMENT
K1Q - 1
11
Ra LEGAL DESCRIP110N:
GO'
A 0.983 ACRE TRACT OF LAND, SITUATED IN
WILUAMSON COUNTY, TEXAS, AND BEING OUT OF THE
WILDS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF THAT CERTAIN TRACT OF LAND
CONVEYED TO RUDOLF WALLIN IN VOLUME 450, PAGE
114, OF THE DEED RECORDS OF WIWAMSON COUNTY,
TEXAS.
DATE: SEPTEMBER 28, 2000
REVISED: FEBRUARY 22, 2001,
ENGINEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
FIELD NOTE DESCRIPTION: A 1.018 ACRE TRACT
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 A PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED AS 152.38 ACRES, AND CONVEYED TO RUDOLPH WALLIN, AND
RECORDED IN VOLUME 450, PAGE 114, OF THE DEED RECORDS OF
WILLIAMS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING for a point of reference, at a concrete monument found in the north
occupational right -of -way line of County Road 113, known locally as Kiphen Road,
being a point in the east line of said 152.38 acre tract, for the southwest corner of
Greenslope Addition Amended subdivision, a subdivision recorded in Cabinet D, Slide
62 of the Plat Records of Williamson County, Texas;
THENCE South 70 °55'44" West, crossing said 152.38 acre tract, with said north
occupational right -of -way of County Road 113, a distance of 975.53 feet to an iron rod
found, for a point in the east line of that certain tract of land conveyed to the State of
Texas, and recorded in Volume 1970, Page 515, of the Official Records of Williamson
County, Texas, in all a total distance of 1088 71 feet, crossing said State of Texas tract, to
a calculated point in the west line of said State of Texas tract, same being a point in said
152.38 acre tract, for the southeast corner and POINT OF BEGINNING of the herein
described tract;
THENCE continue South 70 °55'44" West, with said north occupational right -of -way
line of County Road 113 crossing said 152 38 acre tract, a distance of 860.08 feet to a
calculated point in the are of a curve, for the west corner of this tract;
THENCE along the arc of said curve to the right a distance of 373.21 feet, said curve not
being tangent to the last described course, having a radius of 1050.00 feet, a central angle
of 20 °21'55 ", a chord which bears North 61 °30'41" East, a chord distance of 371.25 feet
to a calculated point, for an angle corner of this tract;
THENCE North 71 °41'38" East, crossing said 152 38 acre tract, a distance of 522.38
feet, to a calculated point in the west line of said State of Texas tract, for the northeast
corner of this tract;
THENCE South 08 °51'14" West, with the west line of said State of Texas tract, a
distance of 60.86 feet to the POINT OF BEGINNING.
Containing 1.018 acres of land more or Tess.
I FQ CV S OTa 3) O1
Randall S. Jones Date
Registered Profess nal Land Surveyor No. 4391
State of Texas
RI Surveying Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:1Land Projects R21658 does\Wallin westdoc
Revised: February 22, 2001
Revised: March 5, 2001
Page l oft
�4tir 3d N
SKETCH TO ACCOMPANY FIELD NOTES:
LINE TABLE
1 UNE I BEARING I LENGTH
LI S08'51'14 "W 60..86'
I CURVE TABLE
CURVE I 373 21' !RADIUS
1050!00'I 88.60TI 371.25' I DIRECTION 4 1 2021'55 DELTA
z
SCALE 1' -200'
NOTE: OCCUPATION LINE IS NOT THE DEED UNE. THE
OCCUPATION UNE IS BASED UPON MONUMENTATION
FOUND, APPROXIMATELY 1.5' NORTH OF POWER
LINES.
REMAINDER OF
RUDOLF WALLIN
450/114
W.C.D.R.
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
S .Lnnd Projects R0 \6513 \dvg \65BrovBV,drg 03/05/01 09µ7108 AM CST
N�1
4
2
LEGEND:
W.C.P.R. =WILLIAMSON COUNTY PLAT RECORDS
W.C.D.R.=WILUAMSON COUNTY DEED RECORDS
W.C.D.R. = WILLIAMSON COUNTY OFFICIAL. RECORDS
Doc. = Document
• = IRON ROD FOUND
A = CALCULATED POINT
RJ
SURVEYING INC.
RUDOLF WALUN
450/114
W.C.D.R.
8'3��
>,0 Rp O�
6550 �1 " YAP n
occ Co*
LEGAI. DESCRIPTION:
FOUND
CONCRETE
MONUMENT
A 1.018 ACRE TRACT OF LAND, SITUATED IN 1
WILUAMSON COUNTY, TEXAS, AND BEING OUT OF THE
P08 WILUS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF THAT CERTAIN TRACT OF LAND
CONVEYED TO RUDOLF WALUN IN VOLUME 450, PAGE
114. OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS.
DATE JANUARY 7, 2000
REVISED: FEBRUARY 22, 2001
REVISED: MARCH 5, 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.5. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Rudolph Wallin for right -of -way for the
CR 113 project. The purchase price is $143,240 per 2.001 acres.
Resource: Jim Nuse, Public Works Director
Tom Word, Traffic Engineer
History:
This contract with Mr. 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: $143,240.00
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
P.. w
PUBLIC UTILITY EASEMENT
N
a THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
(f~
That RUDOLPH WALLIN a /k /a RUDOLPH G. WALLIN and wife, DORIS
WALLIN, and their successors and assigns, hereinafter referred to
1 as Grantor (whether one or more), for and in consideration of the
0 sum of Ten and No /100 ($10.00) Dollars cash in hand paid and other
O good and valuable consideration paid to Grantor by the CITY OF
ROUND ROCK, TEXAS, a municipal corporation hereinafter referred to
as Grantee, receipt of which consideration is hereby acknowledged,
has GRANTED, SOLD and CONVEYED, and by these premises does hereby
GRANT, SELL and CONVEY unto Grantee a perpetual easement and right -
of -way in, on, over, upon, above and across the below - described
property:
TRACT I:
Easement Estate only in and to 0.492 of an acre of land,
more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT
No. 173, Williamson County, Texas, and being more
particularly described in Exhibit "A" attached hereto and
made a part hereof.
TRACT II:
Easement Estate only in and to 0.300 of an acre of land,
more or less, out of the WILLIS DONAHO SURVEY, ABSTRACT
No. 173, Williamson County, Texas, and being more
particularly described in Exhibit "B" attached hereto and
made a part hereof.
The perpetual easement, right -of -way, rights and privileges
herein granted shall be used for the purposes of location,
placement, relocation, construction, operation, enlargement,
maintenance, alteration, repair, rebuilding, removal and patrol of
any or all public utilities, including but not limited to gas
lines, electric lines, wastewater lines, water lines, sewer lines,
stormwater lines, and drainage systems and structures, and any and
all other public utilities deemed necessary by Grantee, together
with all necessary conduits, valves, vaults, manholes, ventilators
and appurtenances.
The perpetual easement, right -of -way, rights and privileges
herein granted shall also encompass the right of Grantee to trim,
cut, fell and remove therefrom all trees, underbrush, vegetation,
C. \TEMP \00005749.WPD/jkg
1
and obstructions, structures or obstacles within the limits of the
right -of -way; reserving to the landowners and their heirs and
assigns, however, all such rights and privileges as may be used
without interfering with or abridging the rights and easement
herein acquired by Grantee.
TO HAVE AND TO HOLD the same, in perpetuity, in and to
Grantee, the City of Round Rock, Texas, and its successors and
assigns, together with all and singular all usual and customary
rights thereto in anywise belonging, and together with the right
and privilege at any and all times to enter said premises, or any
part thereof, for the purpose of constructing or maintaining said
utility lines and for making connections therewith.
And Grantor does hereby bind their heirs, executors,
administrators and assigns to WARRANT AND FOREVER DEFEND, all and
singular, the said premises unto the City of Round Rock, Texas, its
successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
The perpetual easement, right -of -way, rights and privileges
granted herein are exclusive, and Grantor covenants not to convey
any other easement or conflicting rights within the premises
covered by this grant, without the express written consent of
Grantee, which consent shall not be unreasonably withheld.
EXECUTED on this the 2day of the month
2001.
GRANTOR:
DORIS WALLIN
RUDOLPH WALLIN a /k /a RUDOLPH G. WALLIN
2
; s-
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CLf,iRE HARTMAN
Notary rrublic, State of Texas
My Commission Expires
MAY 22, 2003
ACKNOWLEDGMENT
This instrument was acknowledged before me on this the
day of the month of .. , 2001, by RUDOLPH WALLIN a /k /a
RUDOLPH G. WALLIN and wife, DORIS WALLIN.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
0 Austin Title Company
33 101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
3
00005322 WPD
prrG R.4a (ti l :al - 1x(01 T of d00 de.
(a -olT -coo -Dots
N
• THE STATE OF TEXAS §
a §
• COUNTY OF WILLIAMSON §
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,
• expansion, enlargement, extension, improvement, or operation of a portion of
• the proposed County Road 113 ( "Project "); and,
0
r{ WHEREAS, the purchase of the hereinafter - described premises has been deemed
Q necessary or convenient for the construction, expansion, enlargement,
Q extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, RUDOLPH WALLIN a /k /a RUDOLPH G. WALLIN and wife, DORIS WALLIN,
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:
TRACT I:
1.018 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.
TRACT II:
0.983 of an acre, 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 "B" 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
1
sPizig
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
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. -}�,
INN ITEREOF, this instrument is executed on this the 70'"Ctay of
, 2001.
of--
00005322.WPD
CLAIRE HARTMAN
Notary Public, State of Texas
My Commission Expires
MAY 22, 2003
RUDOLPH WALLIN a /k /a RUDOLPH G. WALLIN
j
Lei &&:,
DORIS WALLIN
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the 20ay
, 2001 by RUDOLPH WALLIN a /k /a RUDOLPH G. WALLIN
and wife, DORIS WALLIN.
Notary Public, St
2
cY Ly s
e of Texas
•
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN TO:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
00005322.WPD
JwyerstIe
Insurance Crporation
I w4DMIERIA M P.WY
TEXAS OWNER
POLICY OF
TITLE INSURANCE
Issum Be
LwyelsZidejnsmance Grporation
HOME OFSICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235 -5153
A WORD OF THANKS .....
As we make your policy a part of our permanent
records, we want to express our appreciation of
this evidence of your faith in Lawyers Title
Insurance Corporation.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
awyers itle
Insurance Crporation \
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1. 800 - 442 -7067
a
(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 lime 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 01 the options provided for in
paragraphs (b)(i) or (1), the Companys obligations to the insured under This policy for
the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue any
litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein 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,
(n) 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 detect, lien or
encumbrance insured against by this policy at the date the insured claimant is required
to furnish to Company a proof of loss or damage in accordance with Section 5 of these
Conditions and Stipulations.
(5) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of Policy
an improvement is erected on the land which increases the value of the insured estate
or interest by at least 20 percent over the Amount of Insurance stated in Schedule A,
Then this Policy is subject to the following
g) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at
Date of Policy, or
(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 slated in Schedule A and the amount expended for the improvement,
The provisions of this paragraph shall not apply to costs, attorneys' fees and
expenses for which the Company is liable under this policy, and shall only apply to that
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations
8. APPORTIONMENT.
11 the land descnbed in Schedule A consists of two or more parcels that are not
being used as a single sae, and a loss is established affecting one or more of the
parcels but not all, the loss shall be computed and settled on a pro rata basis as 11 the
amount of insurance under this policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to 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 of any appeals therefrom,it shall
have fully performed its obligations with respect to that matter and shall not be liable IOr
any 1000 or damage caused thereby
(b) In the event of any litigation, including litigation by the Company or with the
Companys consent, the Company shall have no liability for loss or damage until there
has been a final determination by a court of competent Jurisdiction, and disposition of all
appeals therefrom, adverse to the title as insured
(c) The Company shall not be liable for loss or damage to any Insured for
kabilay voluntanly assumed by the insured in settling any claim or suit without the pnor
written consent of the Company
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for casts, attorneys' fees
and expenses, shall reduce the amount of the insurance pro Canto
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any policy Insuring a mortgage to
which exception 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 descnbed or referred to in Schedule A, and the amount so paid
shall be deemed a payment under this policy to the insured owner
B1178-22
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 Company's Right of Subrogation
Whenever the Company shall have sealed and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all 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 nghts and remedies against any person or
property necessary in order to perfect this nght of subrogation. The insured claimant
shall permit the Company to sue, compromise or settle in the name of the 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 dam does not fully cover the loss of the insured
claimant, the Company shall be subrogaiod 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 ad
shall not void this policy, but the Company, in that event, shall be required to pay only
that pan 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
Companys right of subrogation
(b) The Company's Rights Against Non - Insured Obligors.
The Companys right of subrogation against noninsured obligors shall exist and
shall include, without limitation, the nghts of the insured to indemnities, guaranties, other
policies of insurance or bonds, notwithstanding any terms or conditions contained in
those instruments that provide for subrogation nghts 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 lo, any
controversy or claim between the Company and the Insured arising out of or relating to
this policy, any service of the Company in connection with its issuance or the breach of
a policy provision or other obligation All arbitrable matters when the Amount of
Insurance is 01,000,000 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
masers 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' 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 law of the saris 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, 11 any, attached hereto by the
Company is the entire policy and contract between the Insured and the Company In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restncted to this policy
(c) No amendment of or endorsement to this policy can be made except by a
wnting endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain in full force and effect
17, NOTICES, WHERE SENT.
All notices required to be given the Company and any statement In wnting
required to be furnished the Company shall include the number of this policy and shall
be addressed to Consumer Affairs Department, P O Box 27567, Richmond, Virginia
23261 -7567.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, contact the agent or write to the Company that Issued the policy. 11 the
problem is not resolved, you also may write the Texas Department of Insurance,
P.O. Box 149091, Austin, TX 70714-9091, Fax No. (512) 475 -1771. This notice of
complaint procedure is for in formation only and does not become a part or
condition of this policy.
CONTROL NUMBER B11-001594b.
0217067 .L
CASE NUMBER
2001 RR 217067 -D (215) /khs
•
491 $ * ** *143,240.00 $* *1,264.00 1000
OWNER POLICY OF
TITLE INSURANCE
w
LAWYERS TITLE INSURANCE CORPORATION
DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
6/25/2001 $ * ** *143,240.00 0217067
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 TRACTS I AND II
- EASEMENT TRACTS III AND IV
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:
ABSTRACT NO.173, WILLIAMSON L TElX S AND PARTICULARLY
SURVEY,
ULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO.
TRACT II: 1.018 ACRES MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY
A BSTR AC TD N O .1 7 3 f , WIL S ONT CO NH COUNTY, TEXAS, AND BEING MORE PARTICULARLY
TRACT III: EASEMENT ESTATE ONLY IN AND TO 0.492 OF AN ACRE OF LAND, MORE OR
LESS OUT OF THE WILLIS DONAHO SURVEY ABSTRACT N0.173 WILLIAMSON COUNTY,
TEXACO. AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "C" ATTACHED
TRACT IV: EASEMENT ESTATE ONLY IN AND TO 0.300 OF AN ACRE OF LAND MORE OR
LESS OUT OF THE WILLIS DONAHO SURVEY ABSTRACT N0.173, WILLIAMSON COUNTY,
HERE
Tb.� BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "D" ATTACHED
AUSTIN TITLE COMPANY
Countersigned By:
Authorizea Lountersignatuee
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule B
Schedule A And Cover Page Are Attached
Texas Owners Policy T -1 (Rev. 1 -1 -93)
Schedule B
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF
POLICY
2001 RR 217067 -D (215) /khs 6/25/2001
SCHEDULE B
This policy does not insure against loss or damage (and the Company will
not pay co9ts, attorney's fees or expenses( that arise by reason of the terms
and conditions of the leases or easements insured, if any, shown in Schedule A
and the following matters:
1. The following restrictive covenants of record itemized below (the Company
must either insert specific recording data or delete this exception):
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 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 fide 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. AN EASEMENT DATED AUGUST 22 1977 GRANTED TO TEXAS POWER AND LIGHT GHT
COMPANY SOUTHWESTERN , DEED RECORDS, WILLIAMSON BY COUNTY, TEXAS. VOLUME 699 (EASEMENT
FOR ELECTRIC A 89 ND AND LINES AND RECORDS, S, TOGETHER WITH ALL RIGHTS
RECITED THEREIN)
8. 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, WILLIAMSON
LINES ANDSYST SYSTEMS, TOGETHER TEXAS.
R WITH RIGH ELECTRIC TELEPHONE
RECITED THEREIN)
9. AN EASEMENT DATED SEPTEMBER 6, 1979, GRANTED TO TEXAS POWER AND LIGHT
( CONT. ON SCH. )8, PAGE 2 )
(
Valid Only If Schedule A
And Cover Page Are Attached
POLICY NUMBER
0217067
(
1
w
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE
POLICY
2001 RR 217067 -D (215) /khs 6/25/2001
SCHEDULE B
POLICY NUMBER
0217067
COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY RUDOLPH WALLIN, RECORDED
IN VOLUME 801 PAGE 263 DEED RECORDS WILLIAMSON COUNTY TEXAS. (EASEMENT
FOR ELECTRIC A ND TELEPH LINES AND S YSTEMS, TOGETHER W ALL RIGHTS
RECITED THEREIN)
10. AN EASEMENT DATED NOVEMBER 13 1985 GRANTED TO TEXAS POWER AND LIGHT
COMPANY, A DIVISION OF TEXAS UTILITIES ELECTRIC COMPANY, A TEXAS
CORPORATION BY RUDOLPH WALLIN AND WIFE DORIS A. WALLIN RECORDED IN VOLUME
1472 PAGE 1, OFFICIAL RECORDS WILLIAMSON COUNTY TEXA (EASEMENT FOR
ELECTRIC AND TELEPHONE LINES AND SYSTEMS, TOGETHER WITH ALL RIGHTS RECITED
THEREIN)
11. 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.
NOTE: TITLE TO THE HEREIN DESCRIBED MINERAL INTEREST(S) NOT EXAMINED
SUBSEQUENT TO DATE(S) OF AFORESAID INSTRUMENT.
12. AN EASEMENT DATED 20 2001, GRANTED TO THE CITY OF ROUND ROCK BY
RUDOLPH WALLIN A/K A RUDOLPH G. WALLIN AND WIFE DORIS WALLIN RECORDED ON
COUNTY, TEXAS. AS (EASEMENT F ALL RIGHTS
THEREIN)
z
13.
20 2001 E CREATED BY RUDOLPH WALLIN A /K /A T WALLIN AND WIFE DORIS
##2 OFF PUBLIICKRECORDS ON ON TEXAS. STO THE
EASEMENT ESTATE ONLY THAT 0.492 ACRE TRACT AND 0.300 ACRE TRACT BOTH OUT OF
THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, WILLIAMSON COUNTY, TEXAS)
14. 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 AS
DOCUMENT #2001044952 OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY TEXAS.
(AS TO THE FEE SIMPLE TRACT 1.018 ACRES AND 0.983 ACRES MORE OR L ESS OUT
OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, 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 B I And Cover Page Are Attached
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, DESCRIBED AS 152.38
ACRES, CONVEYED TO RUDOLPH WALLIN, AND RECORDED IN VOLUME 450, PAGE
114, 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 that certain tract of land said to contain 2.00 acres,
conveyed to Jimmy R. Wallin, et ux, from Rudolph Wallin, et ux, recorded in Volume 688, Page
322, of the Deed Records of Williamson County, Texas, same being a point in said 152.38 acre
tract, for an angle comer, and POINT OF BEGINNING of the herein described tract;
THENCE North 74 ° 34'18" East, with the south line of said 2.00 acre tract, a distance of 125.79
feet to a calculated point, for the southeast comer of this tract;
THENCE departing the south lino of said 2.00 acre tract, South 72 ° 54'55" West, crossing said
152.38 acre tract a distance of 971,83 feet, to a calculated point in the east line of that certain tract
of land conveyed to the State of Texas, recorded in Volume 431, Page 359, of the Deed Records of
Williamson County, Texas, same being a point in the west line of said 152.38 acre tract, for the
southwest comer of this tract;
THENCE North 19 °05'40" West, with the west line of said 152.38 acre tract, the east line of said
State of Texas tract, a distance of 25.02 feet to a calculated point, for the northwest corner of this
tract;
THENCE departing the west line of said 152.38 acre tract, the east line of said State of Texas tract,
North 72 °54'55" East, crossing said 152.38 acre tract, a distance of 851.08 feet to a calculated point
in the west line of said 2.00 acre tract, for the northeast comer of this tract;
THENCE South 06 °10'42" East, with the west line of said 2.00 acre tract, a distance of 21.76 feet
to the POINT OF BEGINNING.
Containing 0.492 acres more or less.
Ro4d,eP s
3»6/o,
Randall S. Jones / / Date
Registered Professional d Surveyor No. 4391
State of Texas
RJ Surveying, Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:\Land Projects R216581docs125' WLE West Wallin ,
March 8, 2001
Page 1 of 1
EXHIBIT
1
SCALE 1" =100'
SKETCH TO ACCOMPANY FIELD NOTES:
25' WIDE WATERLINE EASEMENT
LEGAL DESCR /P770N:
BEING .4 0.492 ACRE TRACT OF LAND SITUATED IN
WILLIAMSON COUNTY, TEXAS AND BEING OUT OF 7HE
M8LL/S DONAHO SURVEY, ABSTRACT NO. 173, AND
BEING OUT OF THAT CERTAIN TRACT OF LAND SAID
TO CONTAIN 152.38 ACRES, CONVEYED TO RUDOLPH
WALUN, ET UX, AND RECORDED IN VOLUME 450,
PAGE 114, OF 771E DEED RECORDS OF WIWAMSON
COUNTY, TEXAS
pROP� m
Six \Lad Projects R2 \658 \ deg \254LEdra 03/08/01 0914308 AN CST
RUDOF WAWN
450/114
W.C.D.R.
LINE TABLE
LINE
LI
L2
L3
BEARING
N7434'1B "£
N19V5'40"W
S0670 "E
LENGTH
12579'
2502'
21.76'
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED •
BY RJ SURVEYING INC.
1 pe' pIN RDA
0.63 ,
v I
72 �12p •W
572.54 if
i 1T�
y A LEGEND: \ 1
W.C.0.R: WWAMSON COUNTY DEED RECORDS
A = CALCULATED POINT
POB =POINT OF BEGINNING
RJ
SURVEYING INC.
2.0 ACRES
J. WALUN
688/322
W.C.D.R.
PO9
L1
i
SURVE11NG
FN+G
PLANNING
DATE: MARCH 8, 2001
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
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, DESCRIBED AS 152.38
ACRES, AND CONVEYED TO RUDOLPH WALLIN, AND RECORDED IN VOLUME 450,
PAGE 114, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING fora point of reference, at a concrete monument found in the north occupational
right -of -way line of County Road 113, known locally as Kiphen Road, being a point in the east line
of said 152.38 acre tract, for the southwest corner of Greenslope Addition Amended subdivision, a
subdivision recorded in Cabinet D, Slide 62 of the Plat Records of Williamson County, Texas;
THENCE South 70 °55'44" West, with the north occupational right -of -way line of said County
Road 113, crossing said 152.38 acre tract, a distance of 975.53 feet passing, an iron rod found, for a
point in the east line of that certain tract of land conveyed to the State of Texas, and recorded in
Volume 1970, Page 515, of the Official Records of Williamson County, Texas a distance of
1088.71 feet passing a point in the west line of said State of Texas tract, recorded in Volume 1970,
Page 515, entering said 152.38 acre tract, in all a total distance of 1948.79 feet to a calculated point
in the arc of a curve;
THENCE' along the arc of said curve to the right, a distance of 5.41 feet, said curve not being
tangent to the last described course, having a radius of 1050.00 feet, a central angle of 00 °17'42 ", a
chord which bears North 51°28'34" East, a chord distance of 5.41 feet, to a calculated point, for the
southeast comer and POINT OF BEGINNING of the herein described tract;
THENCE South 72 °54'55" West, crossing said 152.38 acre tract a distance of 491.13 feet, to a
calculated point in the east line of that certain tract of land said to contain 2.00 acres and 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, for the southwest corner of this tract;
THENCE North 06 °10'42" West, with the east line of said 2.00 acre tract, a distance of 25.46 feet
to a calculated point, for the northwest comer of this tract;
THENCE crossing said 152.38 acre tract the following two (2) courses:
1. North 72 ° 54'55" East, a distance of 558.02 feet to a calculated point in the arc of a curve, for
the northwest corner of this tract;
2. Along the arc of said curve to the left a distance of 75.96 feet, said curve not being tangent to
the last described course, having a radius of /050,00 feet, a central angle of 04 °08'42 ", a chord
which bears South 53 °41'47" West, a chord distance of 75.95 feet to the POINT OF
BEGINNING.
Containing 0.300 acres more or less.
Randall S. Jones Date
Registered Professi. . : Land Surveyor No, 4391
State of Texas
RJ Surveying, Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:1Land Projects R216581does125' WLE East
March 7, 2001
Page 1 of 1
" 1111P
EXHIBIT
7'''R"
SKETCH TO ACCOMPANY FIELD NOTES:
25' WIDE WATERLINE EASEMENT
c' LNE TABLE
E ' t9E DEMAND LERC7N
LI I N0670'42 W I 2546'
■
;Dy'..,d r o kct R2\SSC d obi n
' RIAL OPHWALLED
- .r�y
4 s 5 "
/ CP /
_y STALE !F 71385 •1CIP —� 1
• w.cD • � 1 1
WCOR. IWLL/AMSON COUNTY Q RCIAL RECORDS
W.TLDR. NTCLIANSQ6 CIXNTY DEED RECORDS
W..CP.R. NfLUAWSO# COUNTY FLAT RECORDS
POC MUNT OF CONVENCEUILVT
P06 POINT OF BELNNWC _
• NON ROD FOUND
• CALC11A7E PONT
• CONCRETE MQNUWEIIT FIX/ND
NOTE OCCUPAI1CW UNE IS NOT 110 DEED UNE THE OCCUPATION
UINE IS BASED UPON MONUWOYTARON TOUNO, APPROXNA7ELY 1.5
NORTH OF POWER IDES
0/07/01 10503 AN CST
RECORDERS MEMORANDUM
All or pub of the text on this page was not
clearly legible for satisfactory recordation.
15238 ACRES
RUSCCP/ WALLN
4`0/114
wcwE
R
SURVEYING INC.
SCALE 1 l 1
e`
1 N25
-
RUDL1 W�
06 ALLIN \ 2
450/114
w.CDR.
97
ENGINEERRiG
PIANANG
SURVEYING
car-- es ��1 %s 1 1 LEGAL DESCRIPTION 1 1
1 BEING A 0300 ACRE TRACT OF LAND 671174700 N IOUAMSDN COUNTY, 70XA2 AND 8171172 OUT
OF 71E WILLIS DWAHN SURVEY. ABSTRACT NO 174 AND BfNC OUT C$ THAT =TAW TRACT
of LAND SAI0 TO CONTAIN 15238 AOE5 CONVEYED 70 RLOOLPN WALLW4 ET WC ARO
RECORDED N VOLUME 450. PACE 114 OF DIE DEED RECORDS OF WTL IAMSQN COUNTY, TEXAS
DATE MARCH 7, 2001
1212 BRAKER LANE AUS11N, TEXAS 78753 (512) 836 -4793
jar A 1 -• ---
RILED MD RECORDED
OFFICIAL PUBLIC RECORDS
j,
06- 25- 200102:19 PM 2001044953
ANDERSON $23.00
NANCY E. RISTER ..COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
FIELD NOTE DESCRIPTION: A 1.018 ACRE TRACT
BEING A TRACT OR PARCEL OF LAND SITUATED 124 WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT NO. 173, AND BEING A PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED AS 152.38 ACRES, AND CONVEYED TO RUDOLPH WALLIN, AND
RECORDED IN VOLUME 450, PAGE 114, OF THE DEED RECORDS OF
WILLIAMS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING for a point of reference, at a concrete monument found in the north
occupational right -of -way line of County Road 113, lmown locally as Kiphen Road,
being a point in the east line of said 152.38 acre tract, for the southwest corner of
Greenslope Addition Amended subdivision, a subdivision recorded in Cabinet D, Slide
62 of the Plat Records of Williamson County, Texas;
THENCE South 70 ° 55'44" West, crossing said 152.38 acre tract, with said north
occupational right -of -way of County Road 113, a distance of 975.53 feet to an iron rod
found, for a point in the east line of that certain tract of land conveyed to the State of
Texas, and recorded in Volume 1970, Page 515, of the Official Records of Williamson
County, Texas, in all a total distance of 1088.71 feet, crossing said State of Texas tract, to
a calculated point in the west line of said State of Texan tract, same being a point in said
152.38 acre tract, for the southeast corner and POINT OF BEGINNING of the herein
described tract;
THENCE continue South 70°55'44" West, with said north occupational right -of -way
line of County Road 113 crossing said 152.38 acre tract, a distance of 860.08 feet to a
calculated point in the arc of a curve, for the west corner of this tract;
THENCE along the aro of said curve to the right a distance of 373.21 feet, said curve not
being tangent to the last described course, having a radius of 1050.00 feet, a central angle
of 20 °21'55 ", a chord which bears North 61°30'41" East, a chord distance of 371.25 feet
to a calculated point, for an angle comer of this tract;
THENCE North 71 °41'38" East, crossing said 152.38 acre tract, a distance of 522.38
feet, to a calculated point in the west line of said State of Texas tract, for the northeast
comer of this tract;
1'U.ENCE South 08 °51'14" West, with the west line of said State of Texas tract, a
distance of 60.86 feet to the POINT OF BEGINNING.
Containing 1.018 acres of land more or less.
F o-dce/ S o 3 /S)
Randall S. Jones Date
Registered Profess nal Land Surveyor No. 4391
State of Texas
RI Surveying Inc.
1212 B. Braker Lane
Austin, Texas 78753
S:1Land Projects R21658\ does \Wallin west.doc
Revised: February 22, 2001
Revised March 3, 2001
Page 1 of 1
EXHIBIT
,A t.
u
•
UNE I L1
I CURVE I
C1
1
SKETCH TO ACCOMPANY FIELD NOTES: _
LEGEND:
W.C.P.R: WWAMSON COUNTY PLAT RECORDS a
NOTE: OCCUPATION LINE IS NOT THE DEED UNE. THE W.C.D'R" =WIWAMSON COUNTY DEED RECORDS w
OCCUPATION UNE IS BASED UPON MONUMENTA11ON WC.O.R. = WIWAMSON COUNTY OFFICIAL RECORDS o o,
FOUND, APPROXIMATELY 1.5' NORTH OF POWER Doc. = Document m W 7
LINES. 1 • = IRON ROD FOUND \ ['Li a - o
a.
A = CALCULATED POINT \ cr; z cc
o
1 j \ —W
P FOUND oa z
CONCRETE , '' a v
MONUMENT
7, RUDOLF WALLIDI il 450/114
k W.C.D.R.
h '
CURVE TABLE
4 . . o �l�
LENGTH 2' 11050.00' 8.60' 1 371 25' I DIRECTION
N61'30'41 E I 2021 55' I �3 SOO 13W ,K1phen
co
SCALE 1' -200'
LINE TABLE
BEARING I LENGTH
508 "W I 60.86'
•
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
-• - BY RJ SURVEYING INC.
Si.LoM; Projects R2 \658\ dr0650rorBV.drO 03/05/01 0947100 AM CST
REMAINDER OF
RUDOLF WAWN
450/114
W.C.D.R. -
G
'3
2.
tic
1
1 I
j
I
RJ
LEGAL DESCRIPTION:
A 1.018 ACRE TRACT OF LAND, SITUATED IN i
WIWAMSON COUNTY, TEXAS, AND BEING OUT OF THE
P0B WIWS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF THAT CERTAIN TRACT OF LAND
CONVEYED TO RUDOLF WAWN IN VOLUME 450, PAGE
114, OF THE DEED RECORDS OF WILUAMSON COUNTY,
TEXAS.
SURVEYING INC.
DATE JANUARY 7, 2000
REVISED: FEBRUARY 22, 2001
REVISED: MARCH 5, 2001
ENC7NEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
FIELD NOTE DESCRIPTION: A 0.983 ACRE TRACT
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 A PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED AS 152.38 ACRES, AND CONVEYED TO RUDOLPH WALLIN, AS
RECORDED IN VOLUME 450, PAGE 114, OF THE DEED RECORDS OF
WILLIAMS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a concrete monument found in the north occupational right - - way line
of County Road 113, !mown locally as Kiphen Road, being a point in the east line of said
152.38 acre tract, for the southwest corner of Greenslope Addition Amended subdivision,
a subdivision recorded in Cabinet D, Slide 62 of the Plat Records of Williamson County,
Texas, for the southeast comer and POINT OF BEGINNING of the herein described
tract;
THENCE South 70 °55'44" West, crossing said 152.38 acre tract, with said north
occupational right -of -way line of said County Road 113, a distance of 975.53 feet to an
iron rod found in the east line of that certain tract of land conveyed to the State of Texas,
recorded in Volume 1970, Page 515, of the Official Records of Williamson County,
Texas, for the southwest corner of this tract;
THENCE departing said north occupational right -of -way line of said County Road 113,
North 08°51'14" East, with the east lino of said State of Texas tract, a distance of 59.16
feet, to a calculated point, for the northwest comer of this tract;
THENCE departing the east line of said State of Texas tract, crossing said 152.38 acre
tract, the following two (2) courses;
1. North 71 °41'38" East, a distance of 740.85 feet, to a calculated point at the beginning
of a curve to the right, for an angle comer of this tract;
2. Along the arc of said curve to the right a distance of 208.92 feet, having a radius of
1050.00 feet, a central angle of 11°24'01 ", a chord which bears North 77°23'39"
East, a chord distance of 208.58 feet, to a calculated point in the east line of said
152.38 acre tract, the west line of Lot 1 of said Greenslope Addition Amended, for
the northeast corner of this tract;
THENCE South 18 ° 54'42" East, with the east line of said 152.38 acre tract, the west line
of said Lot 1, a distance of 7.97 feet to an iron rod found, for the southwest comer of said
Lot 1, for an angle corner of this tract;
THENCE South 18 °04'38" East, with the east line of said 152.38 acre tract, the west line
of said Greenslope Addition Amended, a distance of 10.93 feet to the POINT OF
BEGINNING.
Containing 0.983 acres of land more or less.
QaJeOD 26 /0,
Randall S. Jones Date
Registered Professions and Surveyor No. 4391
State of Texas
RJ Surveying Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:Q,aad Projects R21658 0 .984, EXHIBIT
Revised: February 22, 2001
Pagel of :17 �
,!e -
RANDALLS JONES
'0 4391?
y4 °
Sui*
1
LINE TABLE '
LINE
BEARING
LENGTH
11
S1 8'54'42'E
7.97'
L2
S18'04'38'E
10.93'
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
POB =POINT OF BEGINNING
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
SKETCH TO ACCOMPANY FIELD NOTES:
CURVE TABLE
CURVE
C1
LENGTH
208.92'
RADIUS
1050.00'
TANGENT
104.81'
CHORD
208.58'
DIRECTION
N77'23'39'E
DELTA
11'24'01'
. - 1 REMAINDER OF
' RUDOLF WAWN
450/114
W.C.D.R.
I 2
I X
REMAINDER OF 1
RUDOLF WAWN I V.
450/114 y
W.C.D.R.
59.16' -"
I %NOTE: OCCUPATION UNE IS NOT THE DEED
I UNE. THE OCCUPATION UNE IS BASED UPON
MONUMENT/010N FOUND, APPROXIMATELY
I 1.5' NORTH OF POWER LINES.
L r
^4oP Protects R2 \658 \dwg \650row8V.drg 02/22/01 12127 PM CST
RJ
SURVEYING INC.
LOT 1 GREENSLOPE
ADDITION AMENDED
CABINET 'D', SLIDE 62
W.C.P.R.
Z
SCALE 1' -100' y'W cZ
'.
tP
tO
".
✓
73
P08
(Od % j CONCRETE
�� -, " i MONUMENT
Rd 11� "
CD, O. LEGAL DESCRIPTION:
A 0.983 ACRE TRACT OF LAND, SITUATED IN
WIWAMSON 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 RUDOLF WAWN IN VOLUME 450, PAGE
114, OF THE DEED RECORDS OF WIWAMSON COUNTY,
TEXAS.
DATE SEPTEMBER 28, 2000
REVISED: FEBRUARY 22, 2001
ENGINEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 838 -4793
E
FILED RND RECORDED
OFFICIAL PUBLIC RECORDS
06- 25- 2001`02:19 PM 2001044952
ANDERSON $23.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
1. DEFINITION OF TERMS.
The following tens when used in this policy mean
(a) 'insured' the insured named in Schedule A, and, subject to any rights or
defenses the company would have had against the named insured, those who succeed
to the interest of the named insured by operation of law as distinguished from purchase
including, but not limited to, heirs, dlslribulees, devisees, survivors. personal
representatives, next of km, 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.
(u) the successors in interest to a general or limited partnership resulting
from the distrbution of the assets of the general or limited partnership upon partial or
complete liquidation;
(iv) the successors in interest to a joint venture resulting from the
distribution of the assets of the joint venture upon partial or complete liquidation,
(v) the successor or substitute trustee(s) of a trustee named in a written
trust Instrument, or
(01) the successors In interest to a trustee or trust resulting from the
distribution of all or part of the assets of the trust to the beneficiaries thereof
(b) 'Insured claimant'•, an insured claiming loss or damage
(c) 'knowledge' or 'known' actual knowledge, not constructive knowledge or
notice that may be imputed to an insured by reason of the public records as defined in
this policy or any other records which impart constructive notice of matters affecting the
' land
(d) 'land' the land 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
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 nghl of
access to and from the land is insured by this policy
(e) 'mortgage'. mortgage, deed of trust, trust deed, or other security instrument
(f) 'public records'. records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of masers 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 district 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 in force in favor of any purchaser from the insured of either
(t) an estate or interest in the land, or (Ii) an indebtedness secured by a purchase money
mortgage given to the insured
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in wnting (i) in case of any litigation
as set forth in Section 4(a) below, or (11) in case knowledge shall come to an insured
hereunder of any claim of tale or Interest that is adverse to the title 10 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 tide 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 venting, 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 as determination If the Company concludes that the lien,
encumbrance, adverse claim or defect is valid, the Company shalt take one of the
following actions (I) institute the necessary proceedings to clear the Tien, encumbrance.
adverse claim or defect from the title to the estate as insured, Si) indemnify the insured
as provided in this policy; (111) upon payment of appropriate premium and charges
therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of
she estate or interest In the land insured by this policy, a policy of title insurance without
exception for the ken, 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, (N) Indemnify another title insurance company in connection with as
issuance of a policy(ies) of bale insurance without exception for the lien, encumbrance,
adverse claim or defect, (v) secure a release or other document discharging the lien,
encumbrance, adverse claim or defect; or (vi) undertake a combination of (1) through (v)
herein
CONDITIONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT
TO COOPERATE,
(a) Upon wntten request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third party asserts a claim adverse to the title or interest as insured, but only
as to those stated causes of action alleging a defect, hen or encumbrance or other
matter insured against by this policy The Company shall have the right to select
counsel of its choice (subject to the nght of the insured to object for reasonable cause)
to represent the insured as to those stated causes of action and shall not be table 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 liability or waive any provision of This policy If the Company shall
exercise its nghls under this paragraph, it shall do diligently
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company may
pursue any litigation to final determination by a court of competent junsdiction and
expressly reserves the nght, In its sole discretion, to appeal from any adverse judgment
or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals herein, and permit the Company 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,
secunng evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and Si) 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 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 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 swom to by the insured claimant shall be furnished to the Company within 91 days
after the insured shall ascertain the facts giving nse to the loss or damage The proof of
loss or damage shall describe the defect in, or lien or encumbrance on the title, or other
matter insured against by this policy That constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or
damage If the Company 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 representatwe of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether beanng a date
before or after Date of Policy, which reasonably pertain to the loss or damage Further, if
requested by any authonzed representable of the Company, the insured claimant shall
grant its permission, In writing, for any authorized representative of the Company to
examine, inspect and copy at records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
Toss or damage All information designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the administration
of the claim Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required 0 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.
0 case of a claim under this policy, the Company shall have the following
additional options.
(a) To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the amount of insurance under this policy,
together with any costs, attorneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated 0 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
Pr
Issum BY OWNER'S POLICY OF TITLE INSURANCE
lawyers litle Insurance Corporation
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 stated therein;
2. Any defect in or Hen 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
° : By.
Secretary r i A � j i 192 j:°
i sk • _ e _ s
Mh grc"NMOx V!_=
ORIGINAL
LAWYERS TITLE INSURANCE CORPORATION
?)__Q,„4- u
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' lees or
expenses which anse by reason of
1. (a) My law, ordinance or govemmental 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; (11) the character, dimensions or location of any
improvement now or hereafter erected on the land; (in) 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 pan; or (w) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, hen or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, 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, liens, encumbrances, adverse claims or other matters
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in wnting
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss Or damage 10 the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained it the insured claimant had paid value for the estate or interest insured by this
policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby In the land described In Schedule A because of
unmarketability of the title.
5. Any claim which arises out of the transaction vesting In the person named in paragraph 3 of Schedule A the estate or interest insured by this policy,
by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either
(i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable
distnbution or voidable dividend,
(in) the subordination or recharactenzation of the estate or Interest Insured by this Policy as a result of the application of the doctrine 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 a judgment or lien creditor.
President
FIELD NOTE DESCRIPTION: A 0.983 ACRE TRACT
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 A PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED AS 152.38 ACRES, AND CONVEYED TO RUDOLPH WALLIN, AS
RECORDED IN VOLUME 450, PAGE 114, OF THE DEED RECORDS OF
WILLIAMS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a concrete monument found in the north occupational right -of -way line
of County Road 113, known locally as Kiphen Road, being a point in the east line of said
152.38 acre tract, for the southwest corner of Greenslope Addition Amended subdivision,
a subdivision recorded in Cabinet D, Slide 62 of the Plat Records of Williamson County,
Texas, for the southeast corner and POINT OF BEGINNING of the herein described
tract;
THENCE South 70 °55'44" West, crossing said 152.38 acre tract, with said north
occupational right -of -way line of said County Road 113, a distance of 975.53 feet to an
iron rod found in the east line of that certain tract of land conveyed to the State of Texas,
recorded in Volume 1970, Page 515, of the Official Records of Williamson County,
Texas, for the southwest corner of this tract;
THENCE departing said north occupational right -of -way line of said County Road 113,
North 08 °51'14" East, with the east line of said State of Texas tract, a distance of 59.16
feet, to a calculated point, for the northwest corner of this tract;
THENCE departing the east line of said State of Texas tract, crossing said 152.38 acre
tract, the following two (2) courses:
1. North 71 °41'38" East, a distance of 740.85 feet, to a calculated point at the beginning
of a curve to the right, for an angle corner of this tract;
2. Along the are of said curve to the right a distance of 208.92 feet, having a radius of
1050.00 feet, a central angle of 11 °24'01 ", a chord which bears North 77 °23'39"
East, a chord distance of 208.58 feet, to a calculated point in the east line of said
152.38 acre tract, the west line of Lot 1 of said Greenslope Addition Amended, for
the northeast corner of this tract;
THENCE South 18 °54'42" East, with the east line of said 152.38 acre tract, the west line
of said Lot 1, a distance of 7.97 feet to an iron rod found, for the southwest corner of said
Lot 1, for an angle corner of this tract;
THENCE South 18 °04'38" East, with the east line of said 152.38 acre tract, the west line
of said Greenslope Addition Amended, a distance of 10.93 feet to the POINT OF
BEGINNING.
Containing 0.983 acres of land more or less.
P Ct^c0d0 VCD)-4-.- 7,i Z6 /n,
Randall S. Jones Date
Registered Professiond Surveyor No. 4391
State of Texas
RJ Surveying Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:\Land Projects R2 \658 \ does \wallin 0.984.doc
Revised: February 22, 2001
Page 1 of 1
p,, l of' q
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
CHORD
DIRECTION
DELTA
C1
208.92'
1050.00'
104.81'
208.58'
N77 "E
11'24'01"
LINE TABLE
LINE
BEARING
LENGTH
L1
S18•54'42 "E
7.97'
L2
S18'04'38 "E
10.93'
6
W.C.O.R.= WILLIAMSON COUNTY OFFICIAL RECORDS
W.C.D.R.= WILLIAMSON COUNTY DEED RECORDS
W.C.P.R.= WILLIAMSON COUNTY PLAT RECORDS.
( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
= CALCULATED POINT
POB =POINT OF BEGINNING
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
�I x
°I 14. �d
REMAINDER OF 1 orn3 ci
RUDOLF WALLIN I �'
450/114 j 0)
W.C.D.R.
1.5' NORTH OF POWER LINES.
S4 \Lard Protects R2 \658 \dwg \658row8W.dwg 02/22/01 1227149 PM CST
LEGEND:
N 08'51'14 "E
59.16'
SKETCH TO ACCOMPANY FIELD NOTES:
REMAINDER OF
I RUDOLF WALLIN
I 450/114
I W.C.D.R.
s 10
0•
1'0
1
I
j ��„��'� I 'NOTE: OCCUPATION LINE IS NOT THE DEED RJ
LINE. THE OCCUPATION LINE IS BASED UPON
MONUMENTATION FOUND, APPROXIMATELY SURVEYING INC.
SCALE 1" - 100'
C1
„ POB
O da - -�T CONCRETE
�g� MONUMENT
LEGAL DESCRIPTION:
LOT 1 GREENSLOPE
ADDITION AMENDED
CABINET "D ", SLIDE 62
W.C.P.R.
LI
A 0.983 ACRE TRACT OF LAND, SITUATED IN
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE
WILLIS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF THAT CERTAIN TRACT OF LAND
CONVEYED TO RUDOLF WALLIN IN VOLUME 450, PAGE
114, OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS.
DATE: SEPTEMBER 28, 2000
REVISED: FEBRUARY 22, 2001
ENGINEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
•
FIELD NOTE DESCRIPTION: A 1.018 ACRE TRACT
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 A PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED AS 152.38 ACRES, AND CONVEYED TO RUDOLPH WALLIN, AND
RECORDED IN VOLUME 450, PAGE 114, OF THE DEED RECORDS OF
WILLIAMS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING for a point of reference, at a concrete monument found in the north
occupational right -of -way line of County Road 113, known locally as Kiphen Road,
being a point in the east line of said 152.38 acre tract, for the southwest corner of
Greenslope Addition Amended subdivision, a subdivision recorded in Cabinet D, Slide
62 of the Plat Records of Williamson County, Texas;
!'HENCE South 70 °55'44" West, crossing said 152.38 acre tract, with said north
occupational right -of -way of County Road 113, a distance of 975.53 feet to an iron rod
found, for a point in the east line of that certain tract of land conveyed to the State of
Texas, and recorded in Volume 1970, Page 515, of the Official Records of Williamson
County, Texas, in all a total distance of 1088.71 feet, crossing said State of Texas tract, to
a calculated point in the west line of said State of Texas tract, same being a point in said
152.38 acre tract, for the southeast corner and POINT OF BEGINNING of the herein
described tract;
THENCE continue South 70 °55'44" West, with said north occupational right -of -way
line of County Road 113 crossing said 152.38 acre tract, a distance of 860.08 feet to a
calculated point in the arc of a curve, for the west corner of this tract;
THENCE along the arc of said curve to the right a distance of 373.21 feet, said curve not
being tangent to the last described course, having a radius of 1050.00 feet, a central angle
of 20 °21'55 ", a chord which bears North 61 °30'41" East, a chord distance of 371.25 feet
to a calculated point, for an angle corner of this tract;
THENCE North 71 °41'38" East, crossing said 152.38 acre tract, a distance of 522.38
feet, to a calculated point in the west line of said State of Texas tract, for the northeast
corner of this tract;
THENCE South 08 °51'14" West, with the west line of said State of Texas tract, a
distance of 60.86 feet to the POINT OF BEGINNING.
Containing 1.018 acres of land more or less.
F OJCV S 6 , 3/S /o
Randall S. Jones Date
Registered Profess nal Land Surveyor No. 4391
State of Texas
RI Surveying Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:\ and Projects R2 \6581docs \Wallin west.doc
Revised: February 22, 2001
Revised: March 5, 2001
Page 1 of 1
Poye 3 of q
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT CHORD
DIRECTION
DELTA
C1
373.21'
1050.00'
188.60' 371.25'
N61'30'41 "E
20'21'55"
SKETCH TO ACCOMPANY FIELD NOTES:
LINE TABLE
BEARING
S08'S1'14 "W
LENGTH
60.86'
UNE
L1
SCALE 1' =200'
Z N
J
a �
S 50
ma c°
z
0
,w
NOTE:
S 101 �
I / lam
X01 /
REMAINDER OF
RUDOLF WALLIN
450/114
W. C.D.R.
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
' r'
S'*Land Protects R2 \658 \dwg \658rowBW.dwg
NOTE: OCCUPATION LINE IS NOT THE DEED LINE. THE
OCCUPATION LINE IS BASED UPON MONUMENTA110N
FOUND, APPROXIMATELY 1.5' NORTH OF POWER
LINES.
03/85/01 094708 AM CST
2-
LEGEND:
W.C.P.R.= WILUAMSON COUNTY PLAT RECORDS
W.C.P.R.=WILLIAMSON COUNTY DEED RECORDS
W.C.O.R. = WILUAMSON COUNTY OFFICIAL RECORDS
Doc. = Document
I • = IRON ROD FOUND
/ A = CALCULATED POINT
r CONCRETE
RJ
SURVEYING INC.
FOU ND
450/114
w MONUMENT
4/ /Z RUDOLF WALUN
a, j
c ' 14°+ W.C.D.R.
/x to
j/ k - u ' I g 15 ..
/1, 88 11 d ''
, OHO/
' ^ v( 1 O 55 4 4 W " R "r
i 923' s R a. , � 3 1
`� / j i 4
i'' LEGAL DESCRIPTION:
•
•
A 1.018 ACRE TRACT OF LAND, SITUATED IN •
•
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE
PCB WILUS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF THAT CERTAIN TRACT OF LAND
CONVEYED TO RUDOLF WALLIN IN VOLUME 450, PAGE
114, OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS.
DATE: JANUARY 7, 2000
REVISED: FEBRUARY 22, 2001
REVISED: MARCH 5, 2001
ENGINEERING
PLANNING
SURVEYING
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793