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R-01-06-14-16E1 - 6/14/2001RESOLUTION NO. R- O1- 06- 14 -16E1 WHEREAS, the City desires to purchase a tract of land containing approximately 0.416 acres for right -of -way for the CR 113 Project, and WHEREAS, Evangel Temple Assembly of God of Round Rock, Inc., 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 Evangel Temple Assembly of God of Round Rock, Inc. 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 14th day of Jun 2001. a44.2t ROB �� A. STLUKA, JR., � � or 0,\ WPDOCS \RESOLUTI \R1061<E1.WPD /ec JO ':E E LAND, City Secretary City of Round Rock, Texas State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. of 3109 Kiphen Road, Round Rock, Williamson County, Texas (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. 611,aQ34$Th WI Onspr t\ Cr113con \evan3el \00001498.NPD/s1s 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 0.416 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 Seventy -Four Thousand and no /100 Dollars ($74,000.00) Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. 1 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. The closing shall be held at the Title Company on or before July 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 "). 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: QQQ5& WSQnsptt \ct113con \evangel \00001498.WPD /sls ARTICLE IV CLOSING Seller's Obligations 2 (1) (ii) (iii) Any exceptions approved by Purchaser in writing. 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 (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. 00066148a waonsprt \cr113con \evangel \0000,49a.wpo /sls 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. 0009149 RWaQnsprt\ cril3con \evangei\000014ee.weois\s ARTICLE V REAL ESTATE COMMISSIONS 5.01 Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. ARTICLE VI ESCROW DEPOSIT 6.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VII BREACH BY SELLER 7.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, or the failure of any condition to Seller's obligations provided herein, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. ARTICLE VIII BREACH BY PURCHASER 8.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in 4 default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) bring suit for specific performance, or (3) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 000Ozk E00,EOnsprt \cr113<on \evangel \OOOO1e9e.wensis 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, Seller hereby grants, bargains, sells and conveys to the City exclusive immediate possession and use of the Property for the purpose of constructing a roadway project and appurtenances thereto and the right to remove any improvements. The foregoing grant will extend to the City, its contractors, assigns and /or owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the City in the future. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of these utilities on the Property, to begin immediately and prior to the closing date. The purpose of this grant is to allow the City to proceed with its construction project without delay. 9.02 Purchase, as further consideration for the conveyance contemplated herein, agrees to provide two curb cuts along CR113 after the expansion, for entrances into Seller's parking area as well as provide a break in the median on CR113 at the Fairview Lane intersection. 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 5 parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 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 6000 4& nW30, sprt\ cru3conA s,asgei\0000149'.WPDisis 6 shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract (j) Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Effective Date (k) This Contract shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. ©Q�Q3A98tRFkRl3nap�t \cr113con \evangel \09091998.WPD /ala SELLER: Pastor id B. Way, President Evangel Temple Assembly of God of Round Rock, Inc. Date: - , 2001 PURCHASER: CITY % ROL By: 221 E. Main Street Round Rock, Texas 78664 Date: 62- 14-0i 7 ND ROCK. TEXAS ":=it A. Stluka, J , Mayor FIELD NOTE DESCRIPTION: A 0.204 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 OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.596 ACRES, DESCRIBED AS TRACT II, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., FROM JACKIE E. THOMISON AND WIFE, BILLIE L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right -of -way of County Road 113, known locally as Kiphen Road, for the northeast corner of said 2.596 acre tract, for the northwest comer of that certain tract of land said to contain 2.678 acres, described as Tract I, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas and being out of said Jackie Thomison Subdivision, for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE South 07 °59'28" East, with the east line of said 2.596 acre tract, the west line of said 2 678 acre tract, a distance of 25.70 feet to a calculated point for the southeast corner of this tract; THENCE departing the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, through said 2.596 acre tract, the following two (2) courses. 1. North 88 °37'12" West, a distance of 236.84 feet to a calculated point at the beginning of a curve to the left, for an angle comer of this tract; 2. Along the arc of said curve to the left a distance of 117.71 feet, having a radius of 950.00 feet, a central angle of 07 °05'57 ", a chord which bears South 87 °49'49" West, a chord distance of 117.64 feet, to a calculated point in the west line of said 2.596 acre tract, same being a point in the east line of that certain tract of land conveyed to Marvin Cressman, et ux, in a deed recorded in Volume 892, Page 544 of the Deed Records of Williamson County, Texas, for the southwest corner of this tract; THENCE North 09 °19'41" West, with the west line of said 2.596 acre tract, the east line of said Marvin Cressman tract, a distance of 30.84 feet, to an iron rod found in the south right -of -way of said County Road 113, for the northwest corner of said 2.596 acre tract, the northeast corner of said Marvin Cressman tract, and for the northwest corner of this tract; THENCE South 88 °59'50" East, a distance of 355.80 feet, to the POINT OF BEGINNING. Containing 0.204 acres of land more or less 0467# 2,17 Randall S. Zones Date Registered Profession and Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 E. Braker Lane Austin Texas 78753 EXHIBIT EXHIBIT A 1 S:\Land Projects R21658\docs\FIELD NOTE DESC. EVANGEL TEMPLE doc Revised on February 19, 2001 Page 1 of 1 SKETCH TO ACCOMPANY FIELD NOTES: LEGEND: CURVE TABLE CURVE C1 LENGTH 117.71' RADIUS 950.00' TANGENT 58.93' CHORD 117.64' DIRECTION 587 "W DELTA 7'05 NOTE: NO EASEMENT RESEARCH WAS PERFORMED BY RJ SURVEYING INC. MARVIN CRESSMAN, et ux 892/544 W.C.D.R. c1 Co. Rd. 113 "Kiphen Road" (S89'30'00 "E) S88'59'50 "E 355.80' (355.85') N88'37'12 "W 236.84 EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. TRACT II 1172/540 W.C.O.R. sUSel 5\ 346.60' (346.56) A 0.204 ACV TRACT OF LAND, SITUATED IN WILUAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT No.173, AND BEING A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED AS TRACT II SAID TO CONTAIN 2.596 ACRES OF LAND IN A DEED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND 'ROCK, INC., RECORDED IN VOLUME 1172, PAGE 540, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PART OF LOT 30, OF THE JACKIE THOMISON SUBDIVISION, RECORDED IN CABINET I, SLIDE 94 OF THE PLAT RECORDS , 'OF WIWAMSON COUNTY, TEXAS. W.C.D.R.= WILLIAMSON COUNTY DEED RECORDS W.C.P.R.= WILLIAMSON COUNTY PLAT RECORDS ( ) RECORD PER PLAT • = IRON ROD FOUND W.C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS = CALCULATED POINT POINT OF BEGINNING IN FIELO NOTES RJ SURVEYING INC. DATE: SEPTEMBER 29, 2000 REVISED: FEBRUARY 19, 2001 SCALE 1 "950' ENGINEERING PLANNING SURVEYING (348.37') ` 348.33' EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC4 A TRACT I 1 ^ 1172/540 W.C.O.R. t, o IN 5 5\0 Z t; A t (347.3') —`47.12' 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793 FIELD NOTE DESCRIPTION: A 0.212 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 OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.678 ACRES, DESCRIBED AS TRACT I, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., FROM JACKIE E THOMISON AND WIFE, BILLIE L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right -of -way of County Road 113, known locally as Kiphen Road, the west right -of -way line of Brenda Lane, for the northeast comer of said 2 678 acre tract, and for the northeast comer and POINT OF BEGINNING of the herein described tract; THENCE South 08 °00'33" East, with the west right -of -way of said Brenda Lane, the east line of said Tract I, a distance of 28.03 feet to a calculated point, for the southeast comer of this tract; THENCE departing the west right -of -way of said Brenda Lane, the east line of said Tract I, North 88 °37'12" West, crossing said Tract I, a distance of 348.71 feet to a calculated point in the west line of said Tract I, the east line of that certain tract of land said to contain 2.596 acres, described as Tract 11, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas and being out of said Jackie Thomison Subdivision, THENCE North 07 °59'28" West, with the west line of said Tract I, the east line of said Tract B, a distance of 25.70 feet to a calculated point in the south right -of -way line of said County Road 113, for the northeast corner of said Tract II, the northwest corner of said Tract I, and for the northwest corner of this tract; THENCE South 88 °59'50" East, with the south right -of -way line of said County Road 113, the north line of said Tract I, a distance of 348.33 feet to the POINT OF BEGINNING. Containing 0.212 acres of land more or less. 71/ 2 VW Randall S. Jones Date Registered Profession and Surveyor No. 4391 State of Texas RI Surveying Inc. 1212 E. Braker Lane Austin Texas 78753 S:\Land Projects R21658\docsWIElD NOTE DESC. EVANGEL. TEMPLE T1.doc Revised on February 19, 2001 Page 1 oft (N89'30'W) (355.85') N88'59'50 "W 355.80' NOTE: NO EASEMENT RESEARCH WAS PERFORMED BY RJ SURVEYING INC. SKETCH TO ACCOMPANY FIELD NOTES: N07'59'28 "W 2570' Co. Rd. 113 "Kiphen Road" (S89'30'E) 588'59'50 "E 348.33' (348.37') 0.212 Ac. A 0.212 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 DESCRIBED AS TRACT I SAID TO CONTAIN 2.678 ACRES OF LAND IN A DEED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND 'ROCK, INC. RECORDED IN VOLUME 1172, PAGE 540, OFFICIAL RECORDS OF WIWAMSON COUNTY. TEXAS, ALSO BEING A PART OF LOT 29, OF THE JACKIE ,' HdMISON SUBDIVISION, RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS 'OF WILUAMSON COUNTY, TEXAS. LEGEND: W.C.O.R.= WILLIAMSON COUNTY OFFICIAL RECORDS W.C.P.R. =WILLIAMSON COUNTY PLAT RECORDS ( ) RECORD PER DOCUMENT No.9608169 W.C.D.R. • = IRON ROD FOUND A = CALCULATED POINT POINT OF BEGINNING IN FIELD NOTES SO8'00'33 "E 28.03' RJ SURVEYING INC. SCALE 1 " =50' (S89'3D'E) 589'51'56 "W� 50.70' (50.6') 4 ANDREW 5. ALLEN III 2689/316 W.C.D.R. R.O.W 1 EVANGEL TEMPLE ASSEMBLY\ N88'37'12 W 348.71' OF GOD OF ROUND ROCK, IN TRACT II 1 , 1172/540 W.C.D.R. Oa EVANGEL TEMPLE ASSEMBLY , eQ S o R .- OF GO OF ROUND ROCK, INC. 1 6 „AsiO TRACT I o D "gJ b�G ` �OMO -5 .9 A �G 1172/540 W.C.D. S JeO \f5 \ ON E � � \ 6 \' 5\3C3 o o t \SON s ty GP' o 4. �. 1 G �JPG g \N \ in L K \F, SNOM S \ 29 • 9C, - � % m � PG `f �� 1 P .. JPG 0-0 \ . 1 GQ $ G 1 (N89111'35 "E) N89'31'23 "E 347.12' (347.30') DATE: SEPTEMBER 29, 2000 REVISED: FEBRUARY 19, 2001 ENGINEERING PLANNING SURVEYING 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793 t 1 DATE: June 8, 2001 SUBJECT: City Council Meeting — June 14, 2001 ITEM: * 16.E.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Evangel Temple Assembly of God of Round Rock, Inc. for right -of -way for the CR 113 project. Resource: Steve Sheets, City Attorney Julie Wolff, Legal Assistant Williamson County, Transportation System Development Corporation and Developers Outside Resources: Randall Jones Engineering, Sheets & Crossfield, P.C. Impact: N/A Benefit: Improved mobility on CR 113 and new waterline. Public Comment: Several meetings with affected property owners. Sponsor: N/A Funding: Cost: $74,000.00 Source of funds: History: This contract with Evangel Temple Assembly of God of Round Rock, Inc. is for right -of -way acquisition for the CR 113 project. On April 12, 2001, the City Council approved an ordinance determining the need for this acquisition. ozf i •6E ,9-171 o1cv F 121-2- ;�Pazczl: 123 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: 00005322.WPD l46/ SPECIAL WARRANTY DEED County Road 113 Right -of -Way THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § CO WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such other property rights deemed necessary or convenient for the construction, • expansion, enlargement, extension, improvement, or operation of a portion of • the proposed County Road 113 ( "Project "); and, Q • WHEREAS, the purchase of the hereinafter - described premises has been deemed C•1 necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; That, EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 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: BEING 0.212 acres of land, more or less, out of Lot 29, of "JACKIE THOMISON SUBDIVISION ", a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet I, Slides 94 -96, Plat Records, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. TRACT II: BEING 0.204 acres of land, more or less, out of Lot 30, of "JACKIE THOMISON SUBDIVISION ", a subdivision in Williamson County, Texas, according to the map or plat thereof recorded in Cabinet I, Slides 94 -96, Plat Records, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "B" attached hereto. 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. t/r RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns 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 and Grantors have made no representations or warranties concerning the Property and the City of Round Rock is purchasing the Property AS IS. IN WITNESS WHEREOF, this instrument is executed on this the // day of July, 2001. State of Texas County of Williamson This instrument was acknowledged before me on July // , 2001 by /LIiBfTiS L *Dr. t -�- � • f EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, IN ., a lrby61,0 co •o ion, on behalf of said corporation. 00005322.WPD _ ,eLaINS ION EXPIRES D ecomner4,2002 EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. By: Name: Title : S`!. FAvrog t♦ #l2 FS, I 5F CZ E.7At12 Y Address: Acknowledgments ary Public, State of Texas 2 RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. STATE OF TEXAS J COUNTY OF WILI.IAMSON �`^' Before me, , on this day personally appeared Known to me(or proved to me on the oath or through 'PL ) to be the person whose name is subscribed to the forgoing instrument and acknowledged to me that he /she /they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of July 11,2001 LOURDES COWNS MY COMMISSION EXPIRES December 4, 2002 My commission expires: PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO: 00005322.WPD Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 /9 Austin Title Company //�/ 101 E. Old Settler's Blvd. _J� Suite 100 Round Rock, Texas 78664 . FIELD NOTE DESCRIPTION: A 0.212 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 OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.678 ACRES, DESCRIBED AS TRACT I, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., FROM JACKIE E. THOMISON AND WIFE, BILLIE L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right-of-way of County Road 113, known locally as Kiphen Road, the west right -of -way line of Brenda Lane, for the northeast corner of said 2.678 are tract, and for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE South 08 °00'33" East, with the west right -of -way of said Brenda Lane, the east line of said Tract I, a distance of 28.03 feet to a calculated point, for the southeast corner of this tract; THENCE departing the west right -of -way of said Brenda Lane, the east line of said Tract I, North 88°37'12" West, crossing said Tract I, a distance of 348.71 feet to a calculated point in the west line of said Tract 1, the east line of that certain tract of land said to contain 2.596 acres, described as Tract II, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas and being out of said Jackie Thomison Subdivision, THENCE North 07 °59'28" West, with the west line of said Tract I, the east line of said Tract II, a distance of 25.70 feet to a calculated point in the south right -of -way line of said County Road 113, for the northeast corner of said Tract U, the northwest comer of said Tract I, and for the northwest corner of this tract; THENCE South 88 °59'50" East, with the south right -of -way line of said County Road 113, the north line of said Tract I, a distance of 348.33 feet to the POINT OF BEGINNING. Containing 0.2I2 acres of land more or less_ 9 C1 Cgii 11?› 7i/ 27i�o) Randall S. Jones Date Registered Professiod Surveyor No. 4391 State of Texas RI Surveying Inc. 1212 E. Braker Lane Austin Texas 78753 S:VandProjects 1;1,216381docs\F1ELD NOTE DESC EVANGEL TEMPLE T1 dac Revised on February 19, 2001 Page 1 of 1 RANO S AES zto /ITOO 'a ssaaas TloxNVODPI N oxn xv3 ST:6o pal. TOO- o /TZ /ao (N89'30'W)) (( 355.85') N88'59'50'W 355.80' 1 NOTE: NO EASEMENT RESEARCH WAS PERFORMED - BY RJ SURVEYING INC. EVANGEL TEMPLE 4 1172/54-0 W.C.O.R. , �\ 5‘13°‘ GO R 1 O M\ o�3o 9N 41• t..41,' ^ o o IQ VO D OE • ASSEMBLY ` OF GOD OF TRACT ROUND 11 ROCK, IN SKETCH TO N07'59'28 "W 25.70' ACCOMPANY FIELD NOTES: Co. Rd. 113 "Kiphen Road" (S89'30'E) 588'59'50 "E 348.33' (348.37') 0.212 Ac. N88'37'12'W 348.71' EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. TRACT I 1172/540 W.C.O.R. ON 5 000 \ �� (L- ,PG�\6 ANO ", 0 O 90. G - p E CP014‘- (N89 'E) NB9'31'23 "E 347.12' (347.30') A 0.212 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 DESCRIBED AS TRACT I SAID TO CONTAIN 2.678 ACRES OF LAND IN A DEED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND 'ROCK, INC. RECORDED IN VOLUME 1172, PAGE 540, OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS, ALSO BEING A PART OF LOT 29, OF THE JACKIE 1 " . ''tHdMISON SUBDIVISION, RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILUAMSON COUNTY, TEXAS_ LEGEND: W.C.O.R•= WLLIAMSON COUNTY OFFICIAL RECORDS W.C,P.R.= WILLIAMSON COUNTY PLAT RECORDS ( ) RECORD PER DOCUMENT No.9608169 W.C.D.R. • = IRAN ROD FOUND A = CALCULATED POINT POINT OF BECINNLHO IN FIELD NOTES (S89'30'E) S89'51'56"W� 508'00'33'E 50.61 28.03' (50.6) RJ SURVEYING INC. ( o' ° n, 0 1212 BRAKER LANE AUSTIN, TEXAS SCALE 1 " =50' ANDREW S. ALLEN III 2689/316 W.C.O.R. R9•w j St\ � o- 0 0' 8I c 5 �1 � b 1 `1 4. \. 1 o 1 DATE: SEPTEMBER 29, 2000 REVISED: FEBRUARY 19, 2001 FNGINI}AING PLANNING SURVEYING 78753 (512) 836 -4793 FIELD NOTE DESCRIPTION: A 0.204 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 OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.596 ACRES, DESCRIBED AS TRACT II, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD_OF_ROUND ROCK, Eic FROM JACKIE E. THOMISON AND WIFE, BILLIE L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right -of -way of County Road 113, known locally as Kiphen Road, for the northeast comer of said 2,596 acre tract, for the northwest corner of that certain tract of land said to contain 2.678 acres, described as Tract I, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas and being out of said Jackie Thomison Subdivision, for the northeast comer and POINT OF BEGINNING of the herein described tract; THENCE South 07 °59'28" East, with the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, a distance of 25.70 feet to a calculated point for the southeast corner of this tract; THENCE departing the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, through said 2.596 acre tract, the following two (2) courses: 1. North 88°37'12" West, a distance of 236.84 feet to a calculated point at the beginning of a curve to the left, for an angle corner of this tract; 2. Along the arc of said curve to the left a distance of 117.71 feet, having a radius of 950.00 feet, a central angle of 07 °05'57 ", a chord which bears South 87 °49'49" West, a chord distance of 117.64 feet, to a calculated point in the west line of said 2.596 acre tract, same being a point in the east line of that certain tract of land conveyed to Marvin Cressman, et ux, in a deed recorded in Volume 892, Page 544 of the Deed Records of Williamson County, Texas, for the southwest corner of this tract; THENCE North 09 °19'41" West, with the west line of said 2.596 acre tract, the east line of said Marvin Cressman tract, a distance of 30.84 feet, to an iron rod found in the south right -of -way of said County Road 113, for the northwest corner of said 2.596 acre tract, the northeast comer of said Marvin Cressman tract, and for the northwest corner of this tract; THENCE South 88 °59'50" East, a distance of 355.80 feet, to the POINT OF BEGINNING. Containing 0.204 acres of land more or less. I RC4a 9 Aai Randall S. Jones Date Registered Professional .and Surveyor No. 4391 State of Texas RI Surveying Inc. 1212 E. Braker Lane Austin Texas 78753 S:\Land Projects R21658\docs\FIELD NOTE DESC. EVANGEL TEMPLE doe Revised on February 19, 2001 Page 1 of 1 CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD DIRECTION DELTA C1 117.71' 950.00' 58.93' 117.64' S6749'49 "W 7'05'57" i NOTE: NO EASEMENT RESEARCH WAS PERFORMED BY RJ SURVEYING INC. MARVIN CRESSMAN, et ux 892/544 W.C.D.R. SKETCH TO ACCOMPANY FIELD NOTES: 0919'41"W 30.84' C1 Co. Rd. 113 "Kiphen Road" (S89'30'00 "E) 588'59'50 "E 355.80' (355.85') 0.204 Ac. LEGEND: W.C.D.R.= WILLIAMSON COUNTY DEED RECORDS W.C.P.R.= WILLIAMSON COUNTY PLAT RECORDS ( ) RECORD PER PLAT • = IRON ROD FOUND W.C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS 0 = CALCULATED POINT N88'37'12 "W 236.84' SOT59'28 "E 25.70' POINT OF BEGINNING IN FIELD NOTES DATE: SEPTEMBER 29, 2000 REVISED: FEBRUARY 19, 2001 SCALE 1 " =50' (348.37') ` 348.33' EVANGEL TEMPLE ASSEMBLY 1� OF GOD OF ROUND ROCK, INC.` m TRACT I 1172/540 W.C.O.R. 1e_i, EVANGEL TEMPLE ASSEMBLY 1 Q � 1L°o r OF GOD OF ROUND ROCK, INC. IN S I. Z TRACT II ° pip, 1m 1172/540 W.C.O.R. 1 v! �J� 0 10 r1 1.---- O -. S �� N S E 9s\o 1 1A ��,�. & cos 3 0 k G GPI\ 1 3t.,C GPg \\'O'( P I 1 346.60' (346.56') (347.3') V 4E 547.12' — A 0.204 ACF',E TRACT OF LAND, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILUS DONAHO SURVEY, ABSTRACT No.173, AND BEING A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED AS TRACT II SAID TO CONTAIN 2.596 ACRES OF LAND IN A DEED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND "ROCK, INC., RECORDED IN VOLUME 1172, PAGE 540, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PART OF LOT 30, OF THE JACKIE 'THOMISON SUBDIVISION, RECORDED IN CABINET I, SLIDE 94 OF THE PLAT RECORDS • OF 'WILUAMSON COUNTY, TEXAS. RJ SURVEYING INC. ENGINEERING PLANNING SURVEYING 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793 4 FITE) RED RECQRCEI OFFICIAL PUBLIC RECORDS 07- 23- 20002:05 PM 2001052821 JACKIE $25.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS ISSUED BY kwyers itleInsurance Cap oration SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS. LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company. insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest descnbed in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, contractor's, or matenalmen's lien for labor or matenal having its inception on or before Date of Policy; 4. Lack of a nght of access to and from the land; 5. Lack of good and indefeasible title. The Company also vnll pay the costs, attomeys' lees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authonzed officers, the Policy to become valid when countersigned by an authonzed officer or agent of the Company. Attest: d The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (di) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the nghts of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in 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 to the insured claimant; (d) attaching or created subsequent to Date of Policy, (e) resulting m loss or damage that would not have been sustained d the insured claimant had paid value for the estate or Interest Insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land descnbed in Schedule A because of unmarketabilay 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' nghts laws that Is based on either (I) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend, (ii) the subordination or recharactedzation of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subordination or nil) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the failure of such recordation to impart notice to a purchaser for value or ajudgment or lien creditor. Texas Owner's Policy T -1 (Rev. 1 -1 -93) Cover Page Form 1178 -22 Secretary EXCLUSIONS FROM COVERAGE ORIGINAL OWNER'S POLICY OF TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION 1. DEFINITION OF TERMS. The following terms when used in this policy mean (a) 'insured' the Insured named in Schedule A, and, subject to any rights or defenses the company would have had against the named insured, those who succeed to the Interest of the named insured by operation of law as distinguished from purchase Including, but not limited to, heirs, distnbutees, devisees, survivors. personal representatives, next of kin, or corporate, partnership or fiduciary successors, and specifically, without limitation, the following. (i) the successors In Interest to a corporation resulting from merger or consolidation or the distnbution of the assets of the corporation upon partial or complete liquidation; (1,) the partnership successors in interest to a general or limited partnership which dissolves but does not terminate, (iii) the successors In Interest to a general or limited partnership resulting from the distnbution of the assets of the general or limited partnership upon partial or complete liquidation; (iv) the successors in interest to a joint venture resulting from the distnbution of the assets of the joint venture upon partial or complete liquidation, (v) the successor or substitute trustee(s) of a trustee named in a wntten trust Instrument, or (vi) 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 descnbed or referred to in Schedule A, and improvements affixed thereto that by law constitute real property The term' land' does not include any property beyond the lines of the area descnbed or referred to in Schedule A, nor any nght, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land I5 Insured by this policy. (e) 'mortgage': mortgage, deed of trust, trust deed, or other secunty instrument (I) 'public records' records established under state statutes at Date of Policy for the purpose of imparting constructwe notice of matters relating to real property to purchasers for value and without knowledge With respect to Section 1(a)(iv) 01 the Exclusions From Coverage, 'public records' also shall include environmental protection liens tiled In the records of the clerk of the United Slates distnct court for the distnd in which the land is located (g) s' legal nght of access to the land and not the physical condition of access The coverage provided as to access does not assure Me 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 al 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 (1) an estate or interest in the land, or (1l) 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 p) in case of any litigation as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest that Is adverse to the title to the estate or Interest, as Insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy If prompt notice shall not be given to the Company, then as to the Insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the nghts of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice When, after the date of the policy, the insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in title to the estate or interest in the land insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect Is valid and not barred by law or statute. The Company shall notify the insured in wnting, within a reasonable time, of as 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 detect is not covered by this policy, or was otherwise addressed in the dosing of the transaction in connection with which this policy was Issued, the Company shall specifically advise the insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or detect is valid, the Company shall lake one of the following actions (1) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as Insured; (s) indemnify the insured as provided in this policy, (iii) upon payment of appropnate premium and charges therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, if a mortgagee policy, the amount of the loan, (iv) indemnify another tale 5surance company in connection oath as Issuance of a policy(les) of title insurance without exception for the lien, encumbrance, adverse claim or defect, (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect, or (vl) undertake a combination of (I) through (v) herein. CONDITIONS AND STIPULATIONS 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at as own cost and without unreasonable delay, shall provide for the delense 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, lien or encumbrance or other matter Insured against by this policy The Company shall have the right to select counsel of its choice (subject to the right 01 the Insured to object for reasonable cause) to represent the insured as to those staled causes of action and shall not be liable for and will not pay the lees of any other counsel. The company will not pay any fees, costs or expenses Incurred by the insured in the delense 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 inds 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 (hereby concede liability or waive any provision of this policy If the Company shall exercise as rights 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 right, In Its sole discretion, to appeal from any adverse judgment or order (d) In all cases where This policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals herein, and permit the Company to use, at Its option, the name of the Insured for This purpose Whenever requested by the Company, the insured, at the Companys expense, shall give the company all reasonable aid (I) in any action or proceeding, secunng evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (u) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, Including any lability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days atter the Insured shall ascertain the fads giving nse to the loss or damage. The proof of loss or damage shall descnbe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy that constitutes the basis of 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 Company's obligations to the insured under the policy shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requmng 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 limes and places as may be designated by any authonzed representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether beanng a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authonzed representative of the Company, the insured claimant shall grant its permission, in witting, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, It is necessary in the administration of the claim Failure of the Insured dolman to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary Information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options* (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys' fees and expenses Inured by the insured claimant, which were authorized by the Company, up to the 5me of payment or tender of payment and which the Company Is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the Insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation continued on next page of cover sheet .0217046 L 491 $ * * ** *74,000.00 $ * ** *794.00 1000 CASE NUMBER 2001 RR 217046 -F (215) /khs LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF AMOUNT OF POLICY NUMBER POLICY INSURANCE 7/23/2001 $ * * ** *74,000.00 0217046 SCHEDULE A 1. Name of Insured: CITY OF ROUND ROCK, TEXAS 2. The estate or interest in the land that is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is insured as vested in: CITY OF ROUND ROCK, TEXAS 4. The land referred to in this policy is described as follows: TRACT I: BEING 0.212 ACRES OF "JACKIE THOMISON SUBDIVISION" A SUUBDIVISION OF THE COUNTY, RECORDED IN CABINET RE PARTICULARLY) 94 -J6, DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO. TRACT II: BEING 0.204 ACRES OF LAND MORE OR LESS OUT OF LOT 30, OF "JACKIE THOMISON SUBDIVISION" A SUB IN WILLIAMSON COUNTY, TEXAS PLATRRECORDS ,TWILLIAMSON PLAT COUNTY, TEXAS, AND MORE PARTPICULARLY) 94 -36, DESCRIBED BY METES AND BOUNDS IN EXHIBIT "B" ATTACHED HERETO. Texas Owner's Policy T -1 (Rev. 1 -1 -93) Schedule A AUSTIN TITLE COMPANY Countersigned By: Authorizes countersignature Valid Only If Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY 2001 RR 217046 -F (215) /khs 7/23/2001 SCHEDULE B RIGHTS OF PARTIES IN POSSESSION. POLICY NUMBER 0217046 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert specif recording data or delete this exception): VOLUME 1194 PAGE 247 OFFICIAL RECORDS; CABINET I, SLIDES 94 -96, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS. BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or 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 b. t erennial rivers and streams lakes, bays, gulfs or oceans, or o lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2001 , and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, TEXAS TAX CODE, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): 7 OR THAT MAY DBE 1/2 THE SUB`JECT AS MSETRFORTHNININ, UNDER INSTRUMENT RECORDED IN VOLUME 535, PAGE 160, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. NOTE: TITLE TO THE HEREIN DESCRIBED MINERAL INTEREST(S) NOT EXAMINED SUBSEQUENT TO DATE(S) OF AFORESAID INSTRUMENT. 8. AN EASEMENT GRANTED TO TEXAS POWER AND LIGHT CO., RECORDED IN VOLUME 710, ( CONT. ON SCH. B, PAGE 2 ) Texas Owner's Policy T - 1 (Rev. 1 - 1 - 93) Valid Only If Schedule A Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY NUMBER POLICY 2001 RR 217046 -F (215) /khs 7/23/2001 0217046 SCHEDULE B PAGE 112, DEED RECORDS, LINE,TOGETHER WITHAL M RIGHTS RECITED COUNTY, (EASEMENT FOR ELECTRIC 9. PAGE A860 EASEMENT CORDS TEXAS POWER CO TEXAS. RECORDED IN ORELECTRIC LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 10. AN EASEMENT DATED AUGUST 6 1985 GRANTED TO TEXAS POWER & LIGHT COMPANY OCK, RECD DED PAGE 4, OFFICIAL OWILLIIAMSON ROUND COUNTY, TEXAS. (EASEMENT FOR ELECTRIC SUPPLY LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) Texas Owners Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A Schedule B And Cover Page Are Attached �xhltat f A " . FIELD NOTE DESCRIPTION: A 0.212 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 N0, 173, AND BEING OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.678 ACRES, DESCRIBED AS TRACT I, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., FROM JACTOE E. THOMISON AND WIFE, BD T rF L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED 1N CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right-of-way of County Road 113, known loudly as Xiphen Road, the west right -of -way line of Brenda Lane, for the northeast corner of said 2.678 acre tract, and for the northeast corner and POINT OF BEGINNING ofthe herein described tract; THENCE South 08 ° 00'33" East, with the west right -of -way of said Brenda Lane, the east line of said Tract 1, a distance of 28.03 feet to a calculated point, for the southeast comer ofthis tract; THENCE departing the west right -of -way of said Brenda Lane, the east line of said Tract I, North 88 West, crossing said Tract I, a distance of 348.71 feet to a calculated point in the west line of said Tract I, the east line of that certain tract of land said to contain 2.596 acres, described as Tract 11, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas and being out of said Jackie Thomison Subdivision, THENCE North 07 °59'28" Wcst, with the west line of said Tract I, the east line of said Tract II, a distance of 25.70 feet to a calculated point in the south right -of -way line of said County Road 113, for the northeast comer of said Tract II, the northwest comer of said Tract 1, and for the northwest comer of this tract: THENCE South 88 °59'50" East, with the south right-of-way line of said County Road 113, the north line of said Tract I, a distance of 348.33 feet to the POINT OF BEGINNING. Containing 0.212 acres of land more or less. Randall S. Jones Date Registered Profession and Surveyor No. 4391 State of Texas 115 Surveying Inc. 1212 E. Brakes Lane Austin Texas 78753 S :\Land Projects R216310doesWIELD NOTE DESC EVANGEL TEMPLE T1.doc Revised on February 19, 2001 Page I of 1 (N8930'W) (355.85') N86'59 355.80' NOTE: NO EASEMENT RESEARCH WAS PERFORMED - BY RJ SURVEYING INC. 1 EVANGEL TEMPLE ASSEMBLY 1 OF GOD OFTRRA T D ROCK, IN II S 1172/540 W.C.O.R. s‘l P 04\ 0\ 9 `11 w \, ‘..6‘ c�\ ? 0 �`" o o N 1 SKETCH TO N07'59'28 "W 25.70' ACCOMPANY FIELD NOTES: Co. Rd. 113 "Kiphen Road" (S89'30'E) 588'59'50'E 348.33' (348.37') 0.212 Ao. N88'37'12'W 346.71' EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. TRACT I 1172/540 W.C.O.R. Od �, 5\1g� O (t• l 1N 0 ry f 90. � V (5‘ , \0 3 P \' (N89•01'35 "E) N89'31'23 "E 347.12' (347,30') A 0.212 ACRE TRACT OF LAND, SITUATED IN WILUAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILUS DONAHO SURVEY, ABSTRACT No.173, AND BEING A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED AS TRACT I SAID TO CONTAIN 2.678 ACRES OF LAND IN A DEED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND 'ROCK, INC. RECORDED 114 VOLUME 1172, PAGE 540, OFFICIAL RECORDS OF VALUAMSON COUNTY, TEXAS, ALSO BEING A PART OF LOT 29, OF THE JACKIE T `1-1dMISON SUBDIVISION, RECORDED IN CABINET I, SUM 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. LEGEND: W.C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS W.C.P.R =1NLLIAMSON COUNTY PLAT RECORDS ( ) RECORD PER DOCUMENT No.960B169 W.C.D.R. • = IRON ROD FOUND 0 = CALCULATED POINT POINT Oi BECNIWC IN flan NOTES Ri SURVEYING INC. 1212 BRAKER LANE AUSTIN, TEXAS 1 SCALE 1 " =50' . 4 (S89.30E) 89'51'56 Wt 50.70508'00'33'E (50.6') 28.03' 1 ANDREW S. ALLEN 111 1 2689/316 W.C.O.R. & .�5 RA V q S'. 0 4 \yd�� ,g" > 4 40 _. to 1 i' \�- P s 1 G DATE: SEPTEMBER 29, 2000 REVISED: FEBRUARY 19, 2001 ENGINEERING PLANNING SURVEYING 76753 (512) 836 -4793 Exk t 6 FIELD NOTE DESCRIPTION: A 0.204 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 OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.596 ACRES, DESCRIBED AS TRACT 11, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC.,_FROM JACKIE E. THOMISON AND WIFE, BILLIE L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE JACIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right -of -way of County Road 113, known locally as Kiphen Road, for the northeast corner of said 2.596 acre tract, for the northwest comer of that certain tract of land said to contain 2.678 acres, described as Tract I, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas and being out of said Jackie Thomison Subdivision, for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE South 07 °59'28" East, with the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, a distance of 25.70 feet to a calculated point for the southeast comer of this tract; THENCE departing the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, through said 2.596 acre tract, the following two (2) courses: 1. North 88 °37'12" West, a distance of 236.84 feet to a calculated point at the beginning of a curve to the left, for an angle corner of this tract; 2. Along the are of said curve to the left a distance of 117.71 feet, having a radius of 950.00 feet, a central angle of 07 °05'57 ", a chord which bears South 87 °49'49" West, a chord distance of 117.64 feet, to a calculated point in the west line of said 2.596 acre tract, same being a point in the east line of that certain tract of land conveyed to Marvin Cressman, et ux, in a deed recorded in Volume 892, Page 544 of the Deed Records of Williamson County, Texas, for the southwest comer of this tract; THENCE North 09 ° 19'41" West, with the west line of said 2.596 acre tract, the east line of said Marvin Cressman tract, a distance of 30.84 feet, to an iron rod found in the south right-of-way of said County Road 113, for the northwest comer of said 2.596 acre tract, the northeast corner of said Marvin Cressman tract, and for the northwest corner of this tract; THENCE South 88 °59'50" East, a distance of 355.80 feet, to the POINT OF BEGINNING. Containing 0.204 acres of land more or less. Randall S Jones Date Registered Profession and Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 E. Braker Lane Austin Texas 78753 S:\Lmd Projects R2\ 658\ does\ FIELD NOTE DESC. EVANGEL 1EvIPLE.doc Revised on February 19, 2001 Page 1 of 1 SKETCH TO ACCOMPANY FIELD NOTES: CURVE TABLE CURVE C1 LENGTH 117.71' RADIUS 950.00' TANGENT 58.93' CHORD 117.64' DIRECTION S87'49'49"W DELTA 7'05'57" NOTE: NO EASEMENT RESEARCH WAS PERFORMED BY RJ SURVEYING INC. MARVIN CRESSMAN, et ux 892/544 W.C.D.R. C1 Co. Rd. 113 "Kiphen Road" (S89'30'00'E) S88'59'50'E 355.80' (355.85') N88'37'12'W 236.84' EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. TRACT II 1172/540 W.C.O.R. 5 ∎eQ S° 0 0 5 ( O 346.60' A 0.204 AC^E TRACT OF LAND, SITUATED IN WILUAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILUS DONAHO SURVEY, ABSTRACT No.173, AND BEING A PART OF THAT CERTAIN TRACT OF LAND DESCRIBED AS TRACT II SAID TO CONTAIN 2.596 , ACRES OF LAND IN A DEED, TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND 'ROCK, INC., RECORDED IN'VOLUME 1172, PAGE 540, OFFICIAL RECORDS OF .WILLIAMSON COUNTY, TEXAS, ALSO BEING A PART OF LOT 30, OF THE JACKIE • THOMISON SUBDIVISION, RECORDED IN CABINET I, SUDE 94 OF THE PLAT RECORDS -OF WILIJAMSON COUNTY. TEXAS. (346 LEGEND: W.C.D.R: WILUAMSON COUNTY DEED RECORDS W.C.P.R.= WIWAMSON COUNTY PLAT RECORDS ( ) RECORD PER PLAT • = IRON ROD FOUND W.C.O.R =WILUAMSON COUNTY OFFICIAL RECORDS = CALCULATED POINT RJ SURVEYING INC. POINT Cr BEGINNING IN FIELD NOTES DATE: SEPTEMBER 29, 2000 REVISED: FEBRUARY 19, 2001 SCALE 1' =50' (348.37') 348.33' EVANGEL TEMPLE ASSEMBLY 1 m OF GOD OF ROUND ROCK, INCA S I TRACT 1 1172/540 W.C.O.R. '. o LS Y Ct \lea , m G . J1091' 1� lo 0 � �. � ti 9 k S 1 347 347.12' ENGINEERING PLANNING SURVEYING 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793 CONDITIONS AND STIPULATIONS — CONTINUED (b) To Pay or Otlierwise 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 authonzed by the Company up to the time of payment and which the Company is obligated to pay, or (n) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authonzed by the Company up to the time of payment and which the Company is obligated to pay Upon the exercise by the Company of either of the options provided for in paragraphs (b)(I) or (11), the Companys obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein descnbed. (a) The liability of the Company under this policy shall not exceed the least of (q the Amount of Insurance stated in Schedule A, (11) the difference between the value of the insured estate or Interest as Insured and the value of the insured estate or Interest subject to the defect, lien or encumbrance insured against by this policy at the dale the insured claimant is required to furnish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent or 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 Iollowing (i) where no subsequent improvement has been made. as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy, or (10 where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated In Schedule A and the amount expended for the improvement The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under This policy, and shall only apply to that portion of any Toss 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 m accordance with Section 4 of these Conditions and Stipulations 8. APPORTIONMENT. If the land descnbed m Schedule A consists of two or more parcels that are not being used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole. exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the Insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy 9. LIMITATION OF LIABILITY. (a) If the Company establishes the tale, or removes the alleged defect, lien or encumbrance, or cures the lack 01 a right of access to or from the land, all as insured, or takes action In accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, It shall have fully performed its obligations with respect to That matter and shall not be liable for any loss or damage caused thereby. (h) In the event of any litigation. including litigation by the Company or with the Companys consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured (c) The Company shall not be liable for loss or damage to any insured for liability voluntanly assumed by the Insured in settling any claim or suit without the pnor wntten consent of the Company 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' lees and expenses, shall reduce the amount of the insurance pro tante 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 E 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 B1178-22 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 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 that the insured claimant would have had against any person or property fn respect to the claim had this policy not been issued If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the Insured claimant and to use the name of the Insured claimant in any transaction or 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 loss If 1055 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 pall 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 Companys right of subrogation against non - insured obligors shall ewst and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation 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 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 its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is 51,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, (rust, partnership, association or other legal entity) All arbitrable matters when the Amount of Insurance is in excess of 51,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or. at the option of the Insured, the Rules In effect at Date of Policy shall be binding upon the parties The award may include attorneys' fees only if the laws of the slate in which the land is located permit a court to award attorneys' fees m a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having junsdichon thereof The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company Is the entire policy and contract between the insured and the Company. In Interpreting any provision of this policy, This policy shall be construed as a whole (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy (c) No amendment of or endorsement to this policy Can be made except by a wnang endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company 16. SEVERABILITY. In the event any provision of the policy is held Invalid or unenforceable under applicable law, the policy shall be deemed not to Include that provision, and all other provisions shall remain in full force and effect 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall 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 10 the Company that issued the policy. B the problem Is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 78714.9091, Fax No. (512) 475 -1771. This notice of complaint procedure Is for Information only and does not become a part or condition of this policy. CONTROL NUMBER 611-001681R r Juyerst1e Insurance @rporation n 1ANDAMFRIG COMPANY TEXAS OWNER POLICY OF TITLE INSURANCE Issue.) By iulyeriFtleInsurance egporation Home OFFICE: 101 Gateway Centre Pathway, 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 lawyers jitle Insurance (jorp, oration 7557 Rambler Road, Suite 1200 Dallas, Texas 75231 TOLL FREE NUMBER: 1- 800 - 442 -7067 FIELD NOTE DESCRIPTION: A 0.204 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 OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.596 ACRES, DESCRIBED AS TRACT II, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., FROM JACKIE E. THOMISON AND WIFE, BILLIE L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right -of -way of County Road 113, known locally as Kiphen Road, for the northeast corner of said 2.596 acre tract, for the northwest corner of that certain tract of land said to contain 2.678 acres, described as Tract I, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas and being out of said Jackie Thomison Subdivision, for the northeast comer and POINT OF BEGINNING of the herein described tract; 'THENCE South 07 °59'28" East, with the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, a distance of 25.70 feet to a calculated point for the southeast comer of this tract; I departing the east line of said 2.596 acre tract, the west line of said 2.678 acre tract, through said 2.596 acre tract, the following two (2) courses: 1. North 88 West, a distance of 236.84 feet to a calculated point at the beginning of a curve to the left, for an angle corner of this tract; 2. Along the are of said curve to the left a distance of 117.71 feet, having a radius of 950.00 feet, a central angle of 07 °05'57 ", a chord which bears South 87 °49'49" West, a chord distance of 117.64 feet, to a calculated point in the west line of said 2.596 acre tract, same being a point in the east line of that certain tract of land conveyed to Marvin Cressman, et ux, in a deed recorded in Volume 892, Page 544 of the Deed Records of Williamson County, Texas, for the southwest corner of this tract; THENCE North 09 °19'41" West, with the west line of said 2.596 acre tract, the east line of said Marvin Cressman tract, a distance of 30.84 feet, to an iron rod found in the south right -of -way of said County Road 113, for the northwest corner of said 2.596 acre tract, the northeast comer of said Marvin Cressman tract, and for the northwest corner of this tract; THENCE South 88 °59'50" East, a distance of 355.80 feet, to the POINT OF BEGINNING. Containing 0.204 acres of land more or less. 2/I z / b) Randall S. Jones Date Registered Professions .and Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 E. Braker Lane Austin Texas 78753 EXHIBIT EXHIBIT A S:1Land Projects R216581 does \FIELD NOTE DESC. EVANGEL TEMPLE.doc Revised on February 19, 2001 Page 1 of 1 CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD DIRECTION DELTA C1 117.71' 950.00' 58.93' 117.64' 587'49'49 "W 7'05'57" NOTE: NO EASEMENT RESEARCH WAS PERFORMED BY RJ SURVEYING INC. MARVIN CRESSMAN, et ux 892/544 W.C.D.R. SKETCH TO ACCOMPANY FIELD NOTES: 0919'41"W 30.84' C1 Co. Rd. 113 "Kiphen Road (SB9'30'00 "E) S88'59'50 "E 355.80' (355.85') 0.204 Ac. A 0.204 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 DESCRIBED AS TRACT II SAID TO CONTAIN 2.596 ACRES OF LAND IN A DEED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ' ROCK, INC., RECORDED IN VOLUME 1172, PAGE 540, OFFICIAL RECORDS OF _ WILLIAMSON COUNTY, TEXAS, ALSO BEING A PART OF LOT 30, OF THE JACKIE 'THOMISON SUBDIVISION, RECORDED IN CABINET 1, SLIDE 94 OF THE PLAT RECORDS Of WILLIAMSON COUNTY, TEXAS. 346.60' (346.56') LEGEND: W.C.D.R.= WILUAMSON COUNTY DEED RECORDS W.C.P.R.= WILLIAMSON COUNTY PLAT RECORDS ( ) RECORD PER. PLAT • = IRON ROD FOUND W.C.O.R.= WILLIAMSON COUNTY OFFICIAL RECORDS A = CALCULATED POINT N88'37'10W 236.84' )f S07'59'28 "E 25.70' EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. `N TRACT II 9 1172/540 W.C.O.R. t in g p \`I\ \ON ' 10 OM\50 5 DE A JP C( \ GP NC-\ -5o RJ SURVEYING INC. POINT OF BEGINNING IN FIELD NOTES DAZE: SEPTEMBER 29, 2000 REVISED: FEBRUARY 19, 2001 SCALE 1' =50' (348.37') ` 348.33' EVANGEL TEMPLE ASSEMBLY m OF GOD OF ROUND ROCK, INC. m TRACT I 1172/540 W.C.O.R. ; o GP 1 � jz c.5) ��000 1co "k" PGA\ GP (347.3') 47.12' ENGINEERING PLANNING SURVEYING 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793 FIELD NOTE DESCRIPTION: A 0.212 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 OUT OF THAT CERTAIN TRACT OF LAND SAID TO CONTAIN 2.678 ACRES, DESCRIBED AS TRACT I, AND CONVEYED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC., FROM JACKIE E. THOMISON AND WIFE, BILLIE L. THOMISON IN A DEED RECORDED IN VOLUME 1172, PAGE 540 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE JACKIE THOMISON SUBDIVISION, A SUBDIVISION RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right -of -way of County Road 113, known locally as Kiphen Road, the west right -of -way line of Brenda Lane, for the northeast corner of said 2.678 acre tract, and for the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE South 08 °00'33" East, with the west right -of -way of said Brenda Lane, the east line of said Tract I, a distance of 28.03 feet to a calculated point, for the southeast corner of this tract; THENCE departing the west right -of -way of said Brenda Lane, the east line of said Tract I, North 88 West, crossing said Tract I, a distance of 348.71 feet to a calculated point in the west line of said Tract I, the east line of that certain tract of land said to contain 2.596 acres, described as Tract II, and conveyed to Evangel Temple Assembly of God of Round Rock, Inc., from Jackie E. Thomison and wife, Billie L. Thomison in a deed recorded in Volume 1172, Page 540 of the Deed Records of Williamson County, Texas and being out of said Jackie Thomison Subdivision, 1'Ii.E NCE North 07 °59'28" West, with the west line of said Tract I, the east line of said Tract II, a distance of 25.70 feet to a calculated point in the south right -of -way line of said County Road 113, for the northeast corner of said Tract II, the northwest comer of said Tract I, and for the northwest comer of this tract; ''HENCE South 88 °59'50" East, with the south right -of -way line of said County Road 113, the north line of said Tract I, a distance of 348.33 feet to the POINT OF BEGINNING. Containing 0.212 acres of land more or less. R 2,/z Randall S. Jones Date Registered Profession and Surveyor No. 4391 State of Texas RJ Surveying Inc. 1212 E. Braker Lane Austin Texas 78753 S:\LandProjects R2\ 658\ does WIELD NOTE DESC. EVANGEL TEMPLE T1.doc Revised on February 19, 2001 Page 1 of 1 (N89'30'W) N8B•59'50 "W NOTE: NO EASEMENT RESEARCH WAS PERFORMED BY RJ SURVEYING INC. (355.85') 355.80' EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, IN I TRACT II I 1172/540 W.C.O.R. ,1\46‘4 , OR � \0 �0 0A C. d O �0 J II PG�� 5� 1 GP 1 SKETCH TO ACCOMPANY FIELD NOTES: w 0 N 0 r'r z 0 N07'59'28 "W 25.70' Co. Rd. 113 "Kiphen Road" (S89'30'E) 588•59'50 "E 348.33' (348.37') 0.212 Ac. N88•37'12 "W 348.71' EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND ROCK, INC. TRACT I 1172/540 W.C.O.R. 5 \ ON S u BO\ � O R• 05(3\-g 0� 41.`" JPGYC \E \ 54 \OE GP OY‘'‘C- (N89'01'35 "E) N89'31'23 "E 347.12' (347.30') A 0.212 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 DESCRIBED AS TRACT I SAID TO CONTAIN 2.678 ACRES OF LAND IN A DEED TO EVANGEL TEMPLE ASSEMBLY OF GOD OF ROUND 'ROCK, INC. RECORDED IN VOLUME 1172, PAGE 540, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, ALSO BEING A PART OF LOT 29, OF THE JACKIE ; HOMISON SUBDIVISION, RECORDED IN CABINET I, SLIDE 94, OF THE PLAT RECORDS 'CF WILLIAMSON COUNTY, TEXAS. LEGEND: W.C.O.R.= WILLIAMSON COUNTY OFFICIAL RECORDS W.C.P.R.= WILLIAMSON COUNTY PLAT RECORDS ( ) RECORD PER DOCUMENT No.9608169 W.C.D.R. • = IRON ROD FOUND A = CALCULATED POINT S08'00'33 "E 28.03' RJ SURVEYING POINT OF BEGINNING IN FIELD NOTES INC. (589'30'E) S89'51'56 "Wt — 0 cp 1212 BRAKER LANE AUSTIN, TEXAS SCALE 1 " =50' 50.70' (50.6') I I ANDREW S. ALLEN III 2689/316 W.C.O.R. 0 R.O.Wr--4 4CP. m I g J Cr rn y I I O � p t� O F '�� 1 � r z n I �� �\ 5 I � Q G PQ ��k. DATE: SEPTEMBER 29, 2000 REVISED: FEBRUARY 19, 2001 ENGINEERING PLANNING SURVEYING 78753 (512) 836 -4793 ql 1.l