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R-01-05-24-12D6 - 5/24/2001RESOLUTION NO. R- 01- 05- 24 -12D6 WHEREAS, the City desires to purchase a tract of land containing approximately 0.16 acres for right -of -way for the A.W. Grimes Project, and WHEREAS, Raymond Davis, the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Raymond Davis for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of May, 001 ATTEST: LAND, City Secretary O�\ NPDOCS \RESOLUTI \R1051406.WPD /ec A RO • ' A. STLUKA, £R. , Mayor City of Round Rock, Texas State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between RAYMOND DAVIS, (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, that certain parcel of land containing approximately 0.16 acres of land situated in Williamson County, Texas, being more particularly described in Exhibit A, attached hereto and incorporated herein; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Twenty -two Thousand Six Hundred Fifty -two and 50/100 Dollars ($22,652.50.) Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. C.\ WPrOCS \ACITY\RD_PROJS\AW_Grimee \Davie \Contract \04 11 01.vpd /S1a1 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 ten (10) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused First American Title Company (the "Title Company ") of 2120 N. Mays, Suite 450 Round Rock, Texas 78664, to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of three (3) days after Purchaser receives the updated Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller may, but shall not be obligated, to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable, or unwilling to do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before May 15, 2001, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). Seller's Obligations 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 2 General real estate taxes for the year of closing and subsequent years not yet due and payable; Any exceptions approved by Purchaser pursuant to Article III hereof; and Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) The aforesaid General Warranty Deed will include provisions that it is being delivered in lieu of condemnation. (d) As provided in paragraph 9.01 below, Seller is delivering to Purchaser possession of the Property as of the date of this Contract. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date relating to the Property and then due and payable, shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 3 Owner's Title Policy paid by Purchaser; Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, or the failure of any condition to Seller's obligations provided herein, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article 111 having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit 4 for damages against Purchaser; or (2) bring suit for specific performance, or (3) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX SPECIAL PROVISIONS Possession and Use Agreement 9.01. For the consideration to be paid by the City which is set forth in Paragraph 2.01 above, Grantor hereby grants, bargains, sells and conveys to the City exclusive immediate possession and use of the Property for the purpose of constructing a highway or turnpike project and appurtenances thereto and the right to remove any improvements. The foregoing grant will extend to the City, its contractors, assigns and /or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property, to begin immediately and prior to the closing date. The purpose of this grant is to allow the City to proceed with its construction project without delay. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01. (a) This Contract may not be assigned without the express written consent of Seller. Regardless of the foregoing, Purchaser may assign this Contract to the Round Rock Transportation Development Corporation. Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 5 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 shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. SELLER: Date: April W 2001 PURCHASER: 221 E. Main Street Round Rock, Texas 78664 Date: 6 7 A. S luka, , Mayor 0.16 Acre FN1778(CMS) Memucan Hunt Survey May 4, 2000 Williamson County, Texas SAM, Inc. Job No. 99252 -21 DESCRIPTION OF A 0.16 ACRE TRACT OF LAND IN THE MEMUCAN HUNT SURVEY ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 10.00 ACRE TRACT OF LAND CONVEYED IN THE DEED TO RAYMOND DAVIS AS RECORDED IN VOLUME 583, PAGE 255 OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.16 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod found for the intersection of the east right -of -way (ROW) line of County Road No. 170 (variable width ROW), and the south ROW line of Roundville Lane (a 50 foot wide road easement) as described in Volume 1125, Page 368 of the Official Records Williamson County, Texas, same being the northwest corner of a called 2.50 acre tract of land described in the deed to Dale E. Werner as recorded in Volume 583, Page 262 of the Official Records Williamson County, Texas; THENCE with said east ROW line, same being the west line of said Werner 2.50 acre tract, the west line of a called 2.50 acre tract of land described in the deed to Lloyd Howard Harrison, Jr. as recorded in Document No. 9452750 of the Official Records Williamson County, Texas, S 54° 05' 01" E, a distance of 400.08 feet to a 1/2 -inch iron rod with cap set for the northwest corner of said 10.00 acre Davis Tract same being the southwest corner of said 2.50 acre Harrison Tract and the POINT OF BEGINNING; THENCE with the common line of said Harrison 2.50 acre tract and said Davis 10.00 acre tract N 66° 27' 25" E, a distance of 43.80 feet to a 1/2 -inch iron rod with cap set for the northeast comer of the tract described herein from which a 1/2 -inch iron rod found for the southeast corner of said Hanson 2.50 acre tract, same being in the north line of said Davis 10.00 acre tract bears N 66° 27' 25" E, a distance of 632.48 feet; THENCE leaving said common line and crossing said Davis 10.00 acre tract the following two (2) courses and distances: 1. S 54° 08' 28" E, a distance of 167.77 feet to a concrete monument set, and 2. S 35° 41' 13" W, a distance of 37.90 feet to a concrete monument set in said east ROW line same being the west line of said Davis 10.00 acre tract; THENCE with said common line N 54° 05' 01" W, a distance of 190.19 feet to the POINT OF BEGINNING and containing 0.16 acre of land more or less. Bearing Basis: Bearings are based on the Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS COUNTY OF TRAVIS SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 9'" day of May Page 1 of 2 OF 14. / 1u!_ #.c? Mich el R. Hatcher Rl{e r Regi ered Professional Land u ` ' 4259 e No. 4259 - State of Texas ♦ �� `Quip 2 .2 x66 0 5 P.0 B. MCH L R. HATCHER REGI TERED PROFESSIONAL LAND SURVEYOR NO. 4259, STATE OF TEXAS CALLED 2.50 ACRES LLOYD HOWARD HARRISON, JR. DOC. No. 9452750 O.R.W.C.Tx. / 2 "66 .1 MEMUCAN HUNT SURVEY A -314 NOTES: BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, CENTRAL ZONE AND ADJUSTED TO SURFACE USING A SURFACE ADJUSTMENT FACTOR OF 1.00012. AS PROVIDED BY DOUG ANDERSON, RPLS, SURVCON, INC. DETAILS ARE NOT DRAWN TO SCALE. I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE THSUPLATNSERRUE DIRECTION RECT SUPERVISION THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 6 6 / N$ 65 CALLED 10.00 ACRES RAYMOND DAVIS VOL. 583, PAGE 255 D.R.W.C.Tx. N N MAY, 2000 MEMUCAN HUNT SURVEY A -314 WILLIAMSON COUNTY, TEXAS SCALE 1" -40' 0 20 40 LEGEND • CON PIP S FOUND UNLESS 6 NOTED o %2" E o '/• WON ROD SET W /CM UNLESS NOTED • %^ IRON ROD FOUND UNLESS NOTED I RECORD INFORMATION Z. POWT OF 00620005 5 Re c POWT OF FOUND pr WON PIPE FOUND Oaar r_i. OFFICIAL PUBLIC RECORDS W01IAM50N COUNTY, TEXAS 00.0,0.0 OFFICIAL RECORDS WRLVM506 COUNTY, 70005 000.0. PLAT RECORDS WILLIAMSON COUNTY, TEXAS 8.R.W c i,, DEED RECORDS W1110.4SON COUNTY, TEXAS 4029 capital of Texas Wplmay. So INC. Brodie Oaks Pmtessmel Plaza, Suite 125 AUs0n,000as 78704 (512) 447-0575 Fax (512) 316 - 3029 RIGHT —OF —WAY PLAT SHOWING PROPERTY OF RAYMOND DAVIS PAGE 2 OF 2 REF. FIELD NOTE NO.1778 DATE: May 18, 2001 SUBJECT: City Council Meeting — May 24, 2001 ITEM: * 12.D.6. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Raymond Davis for right-of-way for the A. W. Grimes Boulevard project. The purchase price is $22,652.50 for 0.16 acres. Resource: Jim Nuse, Public Works Director Tom Word, Traffic Engineer History: This contract with Mr. Davis is for right of way acquisition necessary for the construction of the A.W. Grimes Blvd. project. Funding: Cost: $22,652.50 Source of funds: Outside Resources: The Pinnacle Group, Sheets & Crossfield, P.C. Impact: N/A Benefit: Improved mobility through the east portion of Round Rock. Public Comment: Several meetings with affected property owners. Sponsor: N/A March 28, 2002 Sheets & Crossfield, P.C. Attorneys at Law 309 E. Main Street Round Rock, Texas 78664 -524 Re: Our File No. 07000329 Property Address: CR 170 Dear Homeowner: Enclosed is the Certified Copy of the Owner Policy of Title Insurance and jacket. This policy contains important information about the real estate transaction you have just completed. Please read it and retain it with your other valuable papers. A complete file of the records conceming your transaction will be maintained under the above assigned file number. These records will assure prompt processing of future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call any one at our offices and simply give them your personal file number. We appreciate the opportunity of serving you and will be glad to assist you in any way in regard to your future escrow or title service needs. It is not mandatory, but it is your responsibility to render your property to the respective taxing authorities to assure proper mailing of future tax notices. Again, thank you. Sincerely, First American Title Insurance Com • any • !moral Processing Enclosure. AM 0 ti 9� FIRST AMERICAN TITLE INSURANCE COMPANY OF TEXAS 3834 Spicewood Springs Austin, Tx 78759 Phone (512) 345-0575 FAX (512) 345-0967 5/,23 0 OWNER POLICY OF TITLE INSURANCE We hereby certify this instrument Issued by is a true and correct copy of the original. FirstAme vo l FIRST AMERICAN TITLE INSURANCE COMPANBy SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS,AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California 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 Sch eduleA, sustained or incurred by the insured by reason oft., ' First American Title Insurance Company 1 1. Title to the estate or interest described in Schedule A being vested other - than as stated therein; 2. Any defect inor•lien•or encumbrance,on the title; 3. Any statutory or constitutional mechanic's; contractor's; or materiainan's lien for labor or matenal having its inception on or before Date of Policy; 4. Lack of a right of access to and from the Ian 5 5. Lack of good•and indefeasible tide.- .,_. °--,. �9 ' :c. - x+39 q a%. • r ". The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions'and stipulations. IN WITNESS HEREOF, the FIRST AMERICAN TITLE INSURANCE COMPANY has caused this policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. ATTEST FORM TI CA OWNER POLICY OF TITLE INSURANCE (EFFECTIVE 1 -1 -93) Secretary, First American Title Insurance Company EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (lncludmg but not hunted to building and zoning laws, ordmanca, or regulations) restricting. regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; () the character, dimensions or location of any improvement now or hereafter erected on the land; (tai) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) env protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to me extent that a notice of the enforcement thereof or a notice of a defect, den or encumbrance resulsng from a violation or alleged violation affecting the lard 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 m the public records at Dam of Policy, but not excluding from coverage any taking that has occurred pnor m Data of Policy which would be binding on the rights of a purchaser for value without knowledge. 7 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 Polity, but known to the insured claimant and not disclosed in writing to the Company by the msured claimant prior to the date the insured claimant became an insured under this policy, (e) resulting in no loss or dmoge to the insured claimant; (d) attaching or created subsequent to Dam of Policy; (e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money an the estate or interest covered hereby in the land described in Schedule A because of =marketability of the tide. 5. Any claim, which ansa out of the 0ansacaon vesting in the persoe 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 () the transaction crating the estate or Interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend or (t) the subordtatioa or reeharamerlation of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable sobordinalon or (in) the transaction crating to estate or interest insured by d 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 dehvery or the failure of such recordation to Impart notice to a purchaser for value or a judgment• or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, bra rat limned m, heirs, dumbutea, devisees, survivors, personal representatives, nest of kin, or corporate, p nnershlp or fiduciary successor, and specifically, without Ilmitatfon, 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; (11) the partnership successors in interest to a galena] or limited partnership which dissolves but dots not emaate; (11) the successors le invest m a general or limited partnership resulting from the distribution of the asses of the general or limited partnership upon partial or complete liquidation; (iv) the successors in interest to a joint venture remlung from the distribution of the assets of the joint vennue upon partial or complete hquidation; (v) the successor or substitute trustee(s) of a trustee named in a written oust instrument; or (vi) the suceesaors in interest to a rrusme or trust resulting from the distribution 0(011 or part of the assets of the Vag to the beneficiarns 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 man insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting thalaod. (d) "land ": the land descnbed or mferreA min Schedule A, and onprovenenas affixed thereto that by law constitute real properly. The term "land" does not include any property beyond the Ines of the area described or referred to in Schedule A, nor any right, tide, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit to exam to which a right of access to and from the land is loured by its policy. (e) 'mortgage ": mortgage. deed of trust, trust deed, or other seminty instrument. (t) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(ty) of the Exclusions From Coverage, "public records" also shall include environmental protection Ikns filed in the records of the clerk of the United Stases disniet eaun for the district in which the land u located (g) "amass": legal right of access to the tand and not the physical condition of assess. The coverage provided as to access does not assure the ad quacy 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 inured 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 die Insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or intent. 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 (ti) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shag notify the Company promptly in writing (i) in cue of any litigation as set forth in Section 4(a) below, or (11) In case knowledge shall come man insured hereunder of any claim of tide or interest that is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If prompt notice shag not be given to the Company, then ea to the Insured all liability of the Company shall terminate with regard to the matter or matters for which prompt nodce is required; provided, however, that failure to notify the Company shall in no case prejudice the rights 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 dam of the policy, the insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in the land insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly invadgate the charge to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or saran The Company shall notify the insured in wrung, within a reasonable time, of fm 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 coveted by this policy, or was otherwise addressed in the closing of the teensacdoo in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is vand, the Company shall take one of the following actors: (1) institute the necessary proceedings to clear the lien. encumbrance, adverse claim or defect from to title to the tame as unmet (11) indenmity the insured 05 provided le this policy; fill) upon payment of appropriate premium and charges therefor, Issue to the insured claimant or to a subsequent owner, mortgagee or holder of the estate or )nteeat in the land insured by this policy, a policy of ode insurance without exception for the l encumbrance, adverse claim or defect, said policy to be In an amount equal to the Trent value of the property or, if a mortgagee policy, the Lino.' of the loan; (iv) indemnify another tide insurance company in connection with its Issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the hen, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAMANT TO COOPERATE. (a) Upoa written 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 lidgaton lo which any thud party asserts a claim adverse to the tide 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 nght m select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will at pay the f of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of Jose causes of action that allege ratters not insured against by this policy. TEXAS OWNER POLICY OF TITLE INSURANCE SCHEDULE A Policy No. 515230 O GF No. 07000329 - 060 -PMD Amount of Insurance $ 22,652.50 Premium $373.00 DATE OF POLICY June 19, 2001 at PM 1. Name of Insured: The City of Round Rock, Texas 2. The estate or interest in the land that is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is insured as vested in: The City of Round Rock, Texas 4. The land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. We hereby certify this instrument is a true and correct copy of the original. First 4trt►4rlc utano° Co. First American Title Ins. Co. of Texas First American Title Insurance Company of Texas Texas Owner T -1 (Rev. 1 -1 -93) - Schedule A Valid Only if Schedule B and Cover are attached Exhibit A 0.16 of an acre of land, more or less, out of the Memucan Hunt Survey, Abstract No. 314, situated in Williamson County, Texas and being a portion of a 10.00 acre tract of land described in warranty deed to Raymond Davis recorded in Volume 583, Page 255, Deed Records, Williamson County, Texas. Said 0.16 of an acre more particularly described by metes and bounds in Exhibit "B" attached hereto and made apart hereof. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and /or identification purposes and does not override Item 2 of Schedule B hereof. 0.16 Acre FN1778(CMS) Memucan Hunt Survey May 4, 2000 Williamson County, Texas SAM, Inc. Job No. 99252 -21 DESCRIPTION OF A 0.16 ACRE TRACT OF LAND IN THE MBMIJCAN HUNT SURVEY ABSTRACT NO. 314, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 10.00 ACRE TRACT OF LAND CONVEYED IN THE DEED TO RAYMOND DAVIS AS RECORDED IN VOLUME 583, PAGE 255 OF THE DEED RECORDS WILLIAMSON COUNTY, TEXAS, SAID 0.16 ACRE TRACT OF LAND AS SHOWN ON THE ACCOMPANYING SKETCH, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch ton rod found for the intersection of the east right -of -way (ROW) line of County Road No. 170 (variable width ROW), and the south ROW line of Roundville Lane (a 50 foot wide road easement) as described in Volume 1125, Page 368 of the Official Records Williamson County, Texas, same being the northwest comer of a called 2.50 acre tract of land described in the deed to Dale E. Werner as recorded in Volume 583, Page 262 of the Official Records Williamson County, Texas; THENCE with said east ROW line, same being the west fine of said Wenner 2.50 acre tract, the west line of a called 2.50 acre tract of land described in Inc deed to Lloyd Howard Harrison, Jr. as recorded in Document No. 9452750 of the Official Records Williamson County, Texas, S 54° 05' 01' E, a distance of 400.08 feet to a 1/2 -inch ton rod with cap set for the northwest corner of said 10.00 acre Davis Tract same being the southwest comer of said 2.50 acre Harrison Tract and the POINT OF BEGINNING; THENCE with the common line of said Harrison 2.50 acre tact and said Davis 10.00 acre tract N 66° 27' 25" E, a distance of 43.80 feet to a 1/2 -inch iron rod with cap set for the northeast comer of the tract described herein from which a 1/2 -inch iron rod found for the southeast corner of said Harrison 2.50 acre tact, same being in the north line of said Davis 10.00 acre tract bears N 66° 27' 25" E, a distance of 632.48 feel; THENCE leaving said common line and crossing said Davis 10.00 acre tract the following two (2) courses and distances: 1. S 54° 08' 28" E, a distance of 167.77 feet to a concrete monument set, and 2. S 35° 41' 13" W, a distance of37.90 feet to a concrete monument set in said east ROW line same being the west line of said Davis 10.00 acre tract; THENCE with said common line N 54° 05' 01" W, a distance of 190.19 feet to the POINT OF BEGINNING and containing 0.16 acre of land more or less. Bearing Basis: Bearings are based on Inc Texas State Plane Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment factor of 1.00012. As provided by Doug Anderson, RPLS, Survcon, Inc. THE STATE OF TEXAS § COUNTY OF TRAVIS § KNOW ALL MEN BY THESE PRESENTS: SURVEYING AND MAPPING, Inc. 4029 Capital of Texas Hwy. So., Suite 125 Austin, Texas 78704 G y1't t iT That I, Michael R. Hatcher, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to tie best of my knowledge and belief and that the property described herein was determined by a survey made on the ground during March 2000 under my direction and supervision. WITNESS MY HAND AND SEAL at Austin, Travis County, Texas on this 9' day of May Page 1 of 2 Description: Williamson,7X Document- Year.DocID 2001.43553 Page: 3 of 5 Order: 1 Comment: / Mr �. Mi IR. Hatcher �� ^���::: Reg ered Professional Land No. 4259 - State of Texas SCHEDULE B GF No. 07000329 Policy No. 515230 0 This policy does not insure against loss or damage (and the Company will not pay costs, attomey'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 No. 1, Schedule B, is hereby deleted. 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, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled - in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2001, and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (the Company must insert matters or delete this exception): a. Rights of Parties in Possession. b. Rights of tenants, as tenants only, under unrecorded leases or rental agreements. c. Any portion of subject property lying within the boundaries of a public or private roadway whether dedicated or not. d. Visible and apparent easements on or across property descnbed in Schedule A. e. Easement: To: Texas Power and Light Company Recorded: Volume 505, Page 310, Deed Records, Williamson County, Texas Purpose: electric lines First American Title Ins. Co. of Texas First American Title Insurance Company of Texas Texas Owner T -1 (Rev. 12-30-99) - Schedule B Valid Only If Schedule A and Cover are attached SCHEDULE B - continued File No. 07000329 Policy No. 515230 0 f. Mineral and/or royalty interest: Recorded: Volume 296, Page 265, Deed Records, Williamson County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. First American Title Ins. Co. of Texas Lelnunea, C. Itiriaoru90 By: Authonud Countersignature (HOG/ash) (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 m its opinion may be accessary or desirable to cslablisli the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the 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 rights under this paragraph, a shag do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding. the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and a0 appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid 0) In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or =wading, or effecting settlement, and (ii) in any other lawful act that m the opinion of the Company may be necessary or desirable to establish die tide to the estate or interest as Insured. If the Company u prejudiced by t failure of the Insured to furnish die required coopemdon, the Company's obligations to the insured under die policy shall termunsre, including any liability or obligation 10 defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. PROOF OF LOSS OR DAMAGE. In addition to and aher the notices required under Section 3 of these Conditions and Stipulation have been provided the Company. a proof of loss or damage signed and swore to by the insured clamant shall be furnished to the Company whim 91 days after the insured clamant shall ascertain the facta swing rise to the Ion or damage. The proof of loss or damage shag describe the defect in, or ten or encumbrance on the title, or other matter insured against by this policy that constitutes the basis of loss or damage and shag state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate. =hiding 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 authorized representative of the Company and shall produce for examination, Inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by my althorn= representative of die Company, the insured clamant shag grant as permission, in wrung, for any authorized representative of the Company to examine, aspect and copy all records, books, ledgers, checks, correspondence and memoranda 0 the custody or control of a third party. which reasonably pertain to the loss or damage All information designated as confidential by the insured claimant provided to the Company pursuant to this &tenon 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 clamant to submit for examination under oath, produce other reasonably requested .nfonoatidn or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any lability of the Company under this policy as to that claim. 6 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim miler 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 costa, anomeyi fees and expenses maned by the insured claimant, which were eudiorued by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all labdrty and obligations to the insured under this policy, other than to rake 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. (b) To Pay or Oherwsse Settle With Parties Other than the Insured or With she Insured Claimant. (i) to pay or otherwise seine with other parties for or in the name of an insured clamant any claim insured against under this policy, together with any costa. attorneys' fees and expenses incurred by the insured clamant, which were authorized by the Company up to the time of payment and which the Company is obligated to PaY; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the dine of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)0) or (ill, the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary 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 harem described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or (ii) the difference between the value of the inured estate or interest as insured and the value of the insured estate or interest subject to the defect. lien or encumbrance insured against by this policy at the date the insured claimant is required to furnish to Company a proof of loss or damage in accordance with Section S of these Conditions and Stipulations. (b) In the event the Amount of Insurance sated in Schedule A at the Date of Policy ia less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever a less, or if subsequent to the Data of Policy an improvement ss 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 h subject to the following. (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata m 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 ( where a subsequent improvement has been nude, as to any papal Ins, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bean to the sum of the Amount of Insurance sated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costa, attorneys' fees and expenses for which the Company is (able 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. (e) The Company will pay only those coca, attorneys' fees and expenses incurred in aceardanee with Section a of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described In Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and seeded on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole. exclusive of any improvements made subsequent to Date of Policy, unless a lability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the tune 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 tide, or removes the alleged defect, hen or encumbrance, or cures the lack of a right of access to or from the and, all as insured, or tapes 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, n shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, rncludmg litigation by the Company or with the Company's consent, the Company shall have no lability for loss or damage until there has been a final determination by a can of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shag not be liable for loss or damage to any insured for lability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE. REDUCTION OR TERMINATION OF LIABILITY. All payments under din policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tame. 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 described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing dos 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 settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant The Company shall be subrogated to and be entitled to all rights and remedies than 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 0 the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or unle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion That the Company's payment bears to the whole amount of the lass. ' If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy. but the Company in that event. shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount. if any. lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non •Insured Obligors. The Company's right of subrogation against non -insured obligors shall exist and shall include. without hmitauon, the rights of the insured to indemnities, guaranties. other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this policy. 14 ARBITRATION Unless prohibited by applicable law or unless this admiration .section is deleted by specific provision in Schedule B of this policy, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules or the American Arbitration Association Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service of the Company in connection with ita issuance or the breach of s policy provision or other obligation. All arbitrable matters when the Amount of Insurance is 51,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured. unless the insured is an individual person (as distinguished front a corporation, trust, partnership, association or other legal =tap. All arbitrable matters when the Amount of Insurance is in excess of 51,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules in effect an the date the demand for arbitration is made or, al the option of the insured, the Rules in effect at Dale of Polley shall be binding upon the panics. The award may include attomeyi fees only if the laws of the state in which the laid is located permit a court to award attorneys' fees to a prevailing parry. Judgment upon the award rendered by the Arbitrator may be entered in any court having Jurisdiction thereof. The law of the sitar of the land shall apply to any arbitration under the Title Insurance Arbitration Rules A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company its 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, whetter or not based on negligence, and which arises out of the states of the tide to the estate or interest covered hereby or by any anion asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to This policy can be made except by a writing endorsed hereon or attached hereto signed by either the President. a Vice President. the Secretary. an Assistant Secretary, or validating officer or authorized signatory of the Company. 16 SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law. t policy shall be deemed not to include that provision. and all other provisions shall remain in full fora and effect. 17 NOTICES, WHERE SENT. All notices required to be given the Company and any statement to writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at First American Tide Insurance Company, 1500 S Dairy Ashford, Suite 300, Houston, TX 77077. 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. If the problem is not resolved, you also may write the Texas Department of Insurance of Texas, P.O. Box (49104, Austin, TX 78714.9104, Fax No. (512) 305 -7426. This notice of complaint procedure is for information only and toes not become a part or condition of this policy. 8 w SCANNED # 8?