R-01-10-11-12E2 - 10/11/2001RESOLUTION NO. R- 01- 10- 11 -12E2
WHEREAS, the City desires to purchase a 0.161 acre tract of land
for additional right - of - way for the CR 113 Project, and
WHEREAS, Parrish Gang, Ltd., 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 Parrish Gang, Ltd., for
the purchase of the above described property, a copy of said Real
Estate Contract being attached hereto as Exhibit "A" 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.
ATT ST:
RESOLVED this 11th day of Oct
LAND, City Secretary
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01. J
ROB A. STLUKA, JR., 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 PARRISH
GANG, LTD., of 26995 Hwy 281 North, San Antonio, Texas 78260 (referred
to in this Contract as ( "Seller ") and the CITY OF ROUND ROCK, a Texas
Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas
(referred to in this Contract as ( "Purchaser "), upon the terms and
conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
1.01 By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, that certain parcel of land
containing approximately 0.161 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 FORTY
FOUR THOUSAND TWO HUNDRED THIRTY and no /100 Dollars ($44,230.00.)
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
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EXHIBIT
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. Purchaser, at Purchaser's sole cost and expense, has 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 this
contract following execution by Seller 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
September 30, 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:
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(1)
General real estate taxes for the year of
closing and subsequent years not yet due and
payable;
(ii) Any exceptions approved by Purchaser pursuant
to Article III hereof; and
(iii) Any exceptions approved by Purchaser in
writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by the Title Company, in
Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property subject
only to those title exceptions listed above, such other
exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form
of Texas Owner's Title Policy.
(c) The aforesaid General Warranty Deed will include provisions
that it is being delivered in lieu of condemnation.
(d) As provided in paragraph 9.01 below, Seller is delivering to
Purchaser possession of the Property as of the date of this
Contract.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price.
Prorations
4.03 General real estate taxes for the then current year
relating to the Property, shall be prorated as of the closing date and
shall be adjusted in cash at the closing. If the closing shall occur
before the tax rate is fixed for the then current year, the
apportionment of taxes shall be upon the basis of the tax rate for the
next preceding year applied to the latest assessed valuation. All
special taxes or assessments to the closing date relating to the
Property and then due and payable, shall be paid by Seller. Purchaser
will bear the burden of paying any rollback taxes, if any, resulting
from a change of use of the Property.
Closing Costs
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
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Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
5.01 Seller will be solely responsible for all real estate
brokerage commissions due to any brokers representing the Seller.
ARTICLE VI
ESCROW DEPOSIT
6.01 For the purpose of securing the performance of Purchaser
under the terms and provisions of this Contract, Purchaser has
delivered to the Title Company, the sum of Five Hundred Dollars
($500.00), the Escrow Deposit, which shall be paid by the Title Company
to Seller in the event Purchaser breaches this Contract as provided in
Article VIII hereof. At the closing, the Escrow Deposit shall be paid
over to Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given
written notice to the Title Company that one or more of the conditions
to its obligations set forth in Article III have not been met, or, in
the opinion of Purchaser, cannot be satisfied, in the manner and as
provided for in Article III, then the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser.
ARTICLE VII
BREACH BY SELLER
7.01 In the event Seller shall fail to fully and timely
perform any of its obligations hereunder or shall fail to consummate the
sale of the Property for any reason, except Purchaser's default, or the
failure of any condition to Seller's obligations provided herein,
Purchaser may, as its sole and exclusive remedy, either: (1) enforce
specific performance of this Contract; or (2) request that the Escrow
Deposit shall be forthwith returned by the Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
8.01 In the event Purchaser should fail to consummate the
purchase of the Property, the conditions to Purchaser's obligations set
forth in Article III having been satisfied and Purchaser being in
default 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
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the Title Company, the sum being agreed on as liquidated damages for
the failure of Purchaser to perform the duties, liabilities, and
obligations imposed upon it by the terms and provisions of this
Contract, and Seller agrees to accept and take this cash payment as its
total damages and relief and as Seller's sole remedy hereunder in such
event.
ARTICLE IX
SPECIAL PROVISIONS
Possession, Use and Right of Entry Agreement
9.01. For the consideration to be paid by the City which is set
forth in Paragraph 2.01 above, Grantor, upon executing this contract by
affixing its signature hereto, hereby grants, bargains, sells and
conveys to the City exclusive and immediate possession, use and right
of entry onto the Property for the purpose of constructing a roadway
and waterline 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.
Notice
(c) Any notice required or permitted to be delivered hereunder
shall be deemed received when sent by United States mail, postage
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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.
Apron Access
Purchaser agrees that upon removal of the existing concrete
apron /approach by it that Purchaser will immediately replace same with
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a like kind and size of apron /approach so as to permit access to
Seller's property for deliveries via tractor trailer rigs.
Memorandum of Contract
(k) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
Effective Date
(1) This Contract, with the exception of Article IX shall be
effective as of the date it is approved by the City Council, which date
is indicated beneath the Mayor's signature below. Article IX shall be
effective immediately upon the execution of this Contract by Seller.
I represent that I have read and understood each of the terms and
conditions of the foregoing document and by affixing my signature
hereto agree to be bound thereby.
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SELLER:
PARRISH GANG, LTD �///
By: .Sc'V.GG4e1w -) ca'Y. (5) 42/7/9.4.e4)
SusA/u f,'. /°A/Q,9/ h'
Its: MAL)AG /,ULs AARTWE
Date: .UERT. 0 2/ , 2001
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Date:
7
Robert A. Stluka, Jr., Mayor
221 E. Main Street
Round Rock, Texas 78664
1 EXHIBIT
FIELD NOTE DESCRIPTION: A 0.161 ACRE TRACT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND APART OF THE WILLIS DONAHO SURVEY,
ABSTRACT N0. 173, AND BEING A PART OF THAT CERTAIN 19.651 ACRE
TRACT, CONVEYED TO ROCKIN' J CORPORTATION IN VOLUME 1753, PAGE
835 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point for the southerly, most easterly corner of said 19.651
acre tract, same being a point in the north line of that certain tract of land described as
Tract II, in a deed to Theodore Staub in Document No. 9629245 of the Official Records
of Williamson County, Texas, same being the southwest corner of that certain tract of
land described as Tract I, in a deed to Theodore Staub in said Document No. 9629245,
for the southeast corner and POINT OF BEGINNING of the herein described tract;
THENCE North 88 West, with the south line of said 19.651 acre tract, the north
line of said Tract IC, a distance of 18 24 feet, passing the northwest corner of said Tract II,
same being a point in the south right -of -way line of County Road 113, known locally as
Kiphen Road, continue with the south right -of -way line of said County Road 113, in all a
total distance of 437.17 feet, to an iron rod found, for the southeast comer of a Public
Road, recorded in Volume 1473, Page 113, of the Deed Records of Williamson County,
Texas, and for the southwest corner of this tract;
THENCE North 00 °52'40" East, with the east line of said Public Road, a distance of
18.06 feet, to a calculated point, for the northwest corner of this tract;
THENCE departing the east line of said Public Road, crossing said 19.651 acre tract the
following two (2) courses:
1. South 88°37'12" East, a distance of 292.62 feet, to a calculated point at the beginning
of a curve to the right
2. Along the arc of said curve to the right a distance of 145.06 feet, having a radius of
1050.00 feet, a central angle of 07 °54'56", a chord which bears South 84 °39'44"
East, a chord distance of 144.95 feet to a calculated point in the east line of said
19.651 acre tract, the west line of said Tract I, for the northeast corner of this tract;
THENCE South 00 °22'22" West, with the west line of said Tract I, the east line of said
19.651 acre tract, a distance of 6 26 feet to the POINT OF BEGINNING.
Containing 0.161 acres of land more or less.
P
Randall S. Jones
Registered Professio
State of Texas
RJ Surveying Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:1Land Projects R2\6581docs\Rocldn J.doc
Revised: February 21, 2001
Page 1 of 1
gam.- 2 / 2l /b,
Date
Land Surveyor No. 4391
SCALE 1 ° =50'
DEED UNE 1 __
N00'52'40 ° E
18.06'
SKETCH TO ACCOMPANY FIELD NOTES:
LEGEND:
W.C.O.R.= WILLIAMSON COUNTY OFFICIAL RECORDS
W.C.D.R: WLLIAMSON COUNTY DEED RECORDS
W.C.P.R.= WILLIAMSON COUNTY PLAT RECORDS
( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
p = CALCULATED POINT
^� W REMAINDER OF
ROCKIN'J CORPORATION
o n 1753/835
m a3
W. C.D.R.
a
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
S88'37'12 ° E 292.62'
(N88'55'42 ° W) N88'51'18 °W 437.17'
Co. Rd. 113 "Kiphen Road"
A 0.161 ACRE TRACT OF LAND, SITUATED IN WILLIAMSON COUNTY, TEXAS,
AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF THAT CERTAIN TRACT OF LAND CONVEYED TO ROCKIN'J
CORPORATION IN VOLUME 1753, PAGE 835, OF THE DEED RECORDS OF
• WILLIAMSON COUNTY, TEXAS.
CURVE TABLE
CURVE
C1
LENGTH
145.06'
RADIUS
1050.00'
TANGENT
72.65'
CHORD
144.95'
DIRECTION
S84'39'4-4 "E
DELTA
7'54'56"
PUNT OF BEGINNING IN FlE.D NOTES
RJ
SURVEYING INC.
TRACT I
THEODORE STAUB
DOC. No.9629245
W.C.O.R.
900'22'22 "W
6.26'
(325.02')
S88'51 '18 °E 325.18'
X ACT II
..-1 \
4' D \ DOC. No.9629245
\ W.C.O.R.
THEODORE STAUB
DATE: SEPTEMBER 28, 2000
REVISED: FEBRUARY 20, 2001
ENGINEERING
PLANNING
SURVEYING
1070 fPAWP IANF AUSTIN TEXAS 78753 (512) 836 - 4793
DATE: October 5, 2001
SUBJECT: City Council Meeting — October 11, 2001
ITEM: * 12.E.2. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Parrish Gang, Ltd. for right -of -way for the
CR 113 project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: Parrish Gang, Ltd. requested additional compensation to cover the costs of
moving their foundation when they found out that it would be within the
proposed right -of -way. Milburn has paid the City for the difference between the
appraised value and the settlement amount. On April 12, 2001 the Council
approved an ordinance determining the need and necessity for this acquistion.
Funding:
Cost: $44,230.00
Appraised Value: $10,130.00
Source of funds: Williamson County, 4B 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
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between PARRISH
GANG, LTD., of 26995 Hwy 281 North, San Antonio, Texas 78260 (referred
to in this Contract as ( "Seller ") and the CITY OF ROUND ROCK, a Texas
Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas
(referred to in this Contract as ( "Purchaser "), upon the terms and
conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
1.01 By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, that certain parcel of land
containing approximately 0.161 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
ORIGINAL
2.01. The purchase price for the Property shall be the sum of FORTY
FOUR THOUSAND TWO HUNDRED THIRTY and no /100 Dollars ($44,230.00.)
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
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ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the consent of Seller's
lender to release the Property from its lien and financing statement,
and to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the
closing).
Preliminary Title Commitment
3.02. Purchaser, at Purchaser's sole cost and expense, has 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 this
contract following execution by Seller 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
September 30, 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:
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(i)
General real estate taxes for the year of
closing and subsequent years not yet due and
payable;
(ii) Any exceptions approved by Purchaser pursuant
to Article III hereof; and
(iii) Any exceptions approved by Purchaser in
writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by the Title Company, in
Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property subject
only to those title exceptions listed above, such other
exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form
of Texas Owner's Title Policy.
(c) The aforesaid General Warranty Deed will include provisions
that it is being delivered in lieu of condemnation.
(d) As provided in paragraph 9.01 below, Seller is delivering to
Purchaser possession of the Property as of the date of this
Contract.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion of
the purchase price.
Prorations
4.03 General real estate taxes for the then current year
relating to the Property, shall be prorated as of the closing date and
shall be adjusted in cash at the closing. If the closing shall occur
before the tax rate is fixed for the then current year, the
apportionment of taxes shall be upon the basis of the tax rate for the
next preceding year applied to the latest assessed valuation. All
special taxes or assessments to the closing date relating to the
Property and then due and payable, shall be paid by Seller. Purchaser
will bear the burden of paying any rollback taxes, if any, resulting
from a change of use of the Property.
Closing Costs
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
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Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
5.01 Seller will be solely responsible for all real estate
brokerage commissions due to any brokers representing the Seller.
ARTICLE VI
ESCROW DEPOSIT
6.01 For the purpose of securing the performance of Purchaser
under the terms and provisions of this Contract, Purchaser has
delivered to the Title Company, the sum of Five Hundred Dollars
($500.00), the Escrow Deposit, which shall be paid by the Title Company
to Seller in the event Purchaser breaches this Contract as provided in
Article VIII hereof. At the closing, the Escrow Deposit shall be paid
over to Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given
written notice to the Title Company that one or more of the conditions
to its obligations set forth in Article III have not been met, or, in
the opinion of Purchaser, cannot be satisfied, in the manner and as
provided for in Article III, then the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser.
ARTICLE VII
BREACH BY SELLER
7.01 In the event Seller shall fail to fully and timely
perform any of its obligations hereunder or shall fail to consummate the
sale of the Property for any reason, except Purchaser's default, or the
failure of any condition to Seller's obligations provided herein,
Purchaser may, as its sole and exclusive remedy, either: (1) enforce
specific performance of this Contract; or (2) request that the Escrow
Deposit shall be forthwith returned by the Title Company to Purchaser.
ARTICLE VIII
BREACH BY PURCHASER
8.01 In the event Purchaser should fail to consummate the
purchase of the Property, the conditions to Purchaser's obligations set
forth in Article III having been satisfied and Purchaser being in
default 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
4
••ODHA \WORLDOX \0: \NDOX\ CORK \TRRNSPRT \CR113CON \PARRISH \REALEST \00007464.WPD /sls
the Title Company, the sum being agreed on as liquidated damages for
the failure of Purchaser to perform the duties, liabilities, and
obligations imposed upon it by the terms and provisions of this
Contract, and Seller agrees to accept and take this cash payment as its
total damages and relief and as Seller's sole remedy hereunder in such
event.
ARTICLE IX
SPECIAL PROVISIONS
Possession, Use and Right of Entry Agreement
9.01. For the consideration to be paid by the City which is set
forth in Paragraph 2.01 above, Grantor, upon executing this contract by
affixing its signature hereto, hereby grants, bargains, sells and
conveys to the City exclusive and immediate possession, use and right
of entry onto the Property for the purpose of constructing a roadway
and waterline 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.
Notice
(c) Any notice required or permitted to be delivered hereunder
shall be deemed received when sent by United States mail, postage
5
•OCMA \WDRDDO% \O.\WDOE\ CORK\ TRANSPRT\ CR113CON \PARRISH \REAMST\ODOOT464.WPD I
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.
Apron Access
Purchaser agrees that upon removal of the existing concrete
apron /approach by it that Purchaser will immediately replace same with
6
: :ODHA \WORLDOE \O:\ W00%\ COPR\ TRAWSPRT\ CR113COW\ PARRISR \REALEST\OOOO7464.WPD /s
a like kind and size of apron /approach so as to permit access to
Seller's property for deliveries via tractor trailer rigs.
Memorandum of Contract
(k) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
Effective Date
(1) This Contract, with the exception of Article IX shall be
effective as of the date it is approved by the City Council, which date
is indicated beneath the Mayor's signature below. Article IX shall be
effective immediately upon the execution of this Contract by Seller.
I represent that I have read and understood each of the terms and
conditions of the foregoing document and by affixing my signature
hereto agree to be bound thereby.
SELLER:
PARRISH GANG, LTD
v1 ��//
By: /.G4d J Q �9lj/?./.nlCJ
�7
5 H. /WA/W.6fi'
Its: /YIAU/9r //JG AAAFWEA
Date: ,XEp7; 0 2 / , 2001
PURCHASER:
CITY oUND R.CK, / TEXAS
uka,
By:
:ODMA \WORLDOX \O• \WDOX \CORK \TRANSPRT \CR113CON\PARRISH \REALEST\ 00007464.WPD/sls
221 E. Main Street
Round Rock, Texas 78664
Date: / - 11 - 0 /
7
J% , Mayor
FIELD NOTE DESCRIPTION: A 0.161 ACRE TRACT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT NO. 173, AND BEING A PART OF THAT CERTAIN 19.651 ACRE
TRACT, CONVEYED TO ROCKIN' J CORPORTATION IN VOLUME 1753, PAGE
835 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point for the southerly, most easterly comer of said 19.651
acre tract, same being a point in the north line of that certain tract of land described as
Tract II, in a deed to Theodore Staub in Document No. 9629245 of the Official Records
of Williamson County, Texas, same being the southwest corner of that certain tract of
land described as Tract I, in a deed to Theodore Staub in said Document No. 9629245,
for the southeast corner and POINT OF BEGINNING of the herein described tract;
THENCE North 88 °51'18" West, with the south line of said 19.651 acre tract, the north
line of said Tract II, a distance of 18.24 feet, passing the northwest corner of said Tract II,
same being a point in the south right -of -way line of County Road 113, known locally as
Kiphen Road, continue with the south right -of -way line of said County Road 113, in all a
total distance of 437.17 feet, to an iron rod found, for the southeast corner of a Public
Road, recorded in Volume 1473, Page 113, of the Deed Records of Williamson County,
Texas, and for the southwest corner of this tract;
THENCE North 00 °52'40" East, with the east line of said Public Road, a distance of
18.06 feet, to a calculated point, for the northwest corner of this tract;
111ENCE departing the east line of said Public Road, crossing said 19.651 acre tract the
following two (2) courses:
1. South 88°37'12" East, a distance of 292.62 feet, to a calculated point at the beginning
of a curve to the right;
2. Along the arc of said curve to the right a distance of 145.06 feet, having a radius of
1050.00 feet, a central angle of 07 °54'56 ", a chord which bears South 84 °39'44"
East, a chord distance of 144.95 feet to a calculated point in the east line of said
19.651 acre tract, the west line of said Tract I, for the northeast comer of this tract;
THENCE South 00 °22'22" West, with the west line of said Tract I, the east line of said
19.651 acre tract, a distance of 6.26 feet to the POINT OF BEGINNING.
Containing 0.161 acres of land more or less.
Parbei S
Randall S. Jones Date
Registered Professio I Land Surveyor No. 4391
State of Texas
RJ Surveying Inc.
1212 E. Braker Lane
Austin, Texas 78753
S:1Land Projects R2\ 658\docs\Rockin J.doc
Revised: February 21, 2001
Page 1 of 1
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
CHORD
DIRECTION
DELTA
C1
145.06'
1050.00'
72.65'
144.95'
584'39'44 "E
7'54'56"
SCALE 1 " =50'
DEED UNE
N00'52'40 "E
18.06'
LEGEND:
NOTE:
NO EASEMENT RESEARCH WAS PERFORMED
BY RJ SURVEYING INC.
W.C.O.R.= WILLIAMSON COUNTY OFFICIAL RECORDS
W.C.D.R.= WILLIAMSON COUNTY DEED RECORDS
W.C.P.R. = WILLIAMSON COUNTY PLAT RECORDS
( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
• = IRON ROD FOUND
A = CALCULATED POINT
S88'37'12 "E 292.62'
Si\L•and Protects R2 \658 \dwg \658rowBW,dwg 02/21/01 1020132 AM CST
SKETCH TO ACCOMPANY FIELD NOTES:
REMAINDER OF
ROCKIN'J CORPORATION
1753/835
W.C.D.R.
S00'22'22 "W
0.161 Ac. 6.26' (325.02')
588'51'18 "E 325.18'
TRACT II _
THEODORE STAUB
W.C.O R9245
POINT OF BEGINNING IN FIELD NOTES
((•88'55'42 "W) N88'51'18 "W 437.17'
A 0.161 ACRE TRACT OF LAND, SITUATED IN WILLIAMSON COUNTY, TEXAS,
AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF THAT CERTAIN TRACT OF LAND CONVEYED TO ROCKIN'J
CORPORATION IN VOLUME 1753, PAGE 835, OF THE DEED RECORDS OF
• VIILLIAMSON COUNTY, TEXAS.
Co. Rd. 113 °° Kiphen Road"
C1
RJ
SURVEYING INC.
TRACT I
THEODORE STAUB
DOC. No.9629245
W.C.O.R.
ENGINEERING
PLANNING
SURVEYING
DATE: SEPTEMBER 28, 20D0
REVISED: FEBRUARY 20, 2001
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836 -4793
Afc AMA! P C ck Fat--
1 Zr s-z
SIPECIAL WARRANTY DEED J
County Road 113 Right -of -Way
Q
0 THE STATE OF TEXAS § �?
a §
COUNTY OF WILLIAMSON §
WHEREAS, the City of Round Rock, Texas is authorized to purchase lai 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,
WHEREAS, the purchase of the hereinafter - described premises has been deemed
0 necessary or convenient for the construction, expansion, enlargement,
0 extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, THE PARRISH GANG, LTD., 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 parels of land
lying and being situated in the County of Williamson, State of.Texas, being
more particularly described as follows:
g-
0.161 acres, more or less, out of the WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, Williamson County, Texas, and
being more particularly described by metes and bounds,
in Exhibit "A" attached hereto and made a part hereof.
Grantors reserve all of the oil, as and sulphur in and under the land
herein conveyed but waive all rights of ingress end egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights -of -way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners d 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,
CORRI RANSPRT /CR113CON/PARRISH/SWDEED /00017661
1
DEC 21 2001 1155 FR LOAN ADMINISTRATION 214 970 1440 TO 915126519252 P.03/03
• No '
EXHIBIT
•
•
FIELD NOTE DESCRIPTIONI A 0.161 ACAS
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS. AND BEING OLTT OF AND A PART OP THE WILLIS DONAHO SURVEY.
ABSTRACT N0, 173, AND BEING A PART OF THAT CERTAIN 19.651 ACRE -
TRACT, CONVEYED TO ROCK94' i CORPORTATION IN VOLUME 1753, PAGE
935 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED EYMETES AND BOUNDS AS FOLLOWS:
BEGINNING at a calculated point for the southerly, toast easterly corner of said 19,651
acre tract, soma being a point in the north line of that certain tract of land described as
Tract It, in a deed to Theodore Staub in Document No. 9629245 of the Official Record,
of Williamson County, Texas, same being the southwest corner of that certain tract of
land described u Tract I, ht a dead to Theodora Staub in maid Document No. 9529245,
for the southeast comer and POINT OP BEGINNING of the herein described tract;
THENCE Noah 38 °51' 19 West, with the south line of said 19,651 acre Tract, the north
One of said Tract 1I, a distance of 1124 fed, passing the northwest comer of said Tract 11,•
tame being a point in the south right -of -way line of County Road 113, known locally ea
Kiphen Road. continue with the south sight- of-way line of add County Road 113, in 011 a
total distance of 437.17 feet, to an iron rod found, for the southeast corner rof • Public
Road, recorded In Volume 1473. Page 113, of the Deal Records of Williamson Courtly,
Texas. and for the southwest comer of This tract,
THENCE North 00 °52'40" East, with the east Zinc of said Public Road, a distance of
11.06 feet, to a calculated point, for the nonitwest corner of this tract;
THENCE departing the teat line of said Public Road, crossing said 19.651 acre tract the
following two ( COMM'
1. South 11 °37'12" Etat, a distance of 292.62 feet, to a calculated pant at the beginning
ofa curve to the right;
2. Along the arc oraaid curvy to the right a distance of 143.06 feet. having • radius M
1050.00 feet, • central angle of 07'54•5G ", a chord which bears South 5449
Eau, a chord distance of 144.95 feet to a calculated point in the east line of said
19.651 sere tract the west tine of said Tract T, for the northeast comer of this Uact
THENCE South 00°22'22" West, with the west line of said Tract I, the east line of said
19.651 acre tract, • disance of6.26 feet to the PO114T OF BEGINNING.
Containing 0.161 acres of land more or Icss.
S der 2 /?f`o1
Randall S. )ones Date
Registered Professlo Lund Surveyor Nu, 4391
State orreries
R7 Surveying Inc.
1212 E. Braker Lane
Austin, Texas 78753
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
1 3Laa4Projeers R2leSeducatnxHa Ldne
Revised: February 21, 2001
Page l oil
* TOTAL PRGE.03 6*
RETURN
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.
IN WITNESS WHEREOF, this instrument is executed on this the 3 6 1 "day of
Sn�uo , 2002.
KAREN k CAPPS
MY COMMISSION EXPIRES
August 22, 2004
AFTER RECORDING
CORR?RANSPRT /CRI I3CON /PARRISII /SW DEED /00017661
THE PARRISH GANG, LTD.
2
Acknowledgment
By:
Printed 1)4,4 Vu.
Title: Ga,J4 ), ws7Vm4,
State of Texas
County of W' 7x1115u1I QEkftA
This instrument was acknowledged before me on this the 30 , day
of T,HNUflRef , 2002 by 7)flAJ a). A909A /4H
of THE PARRISH GANG, LTD., on behal€ of said limited partnership.
GIALik
Notary Public, Sta J t a e'df Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
TO:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock Texas' 78664"` -
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
02- 12- 200212:28 PM 2002011743
ANDERSON $13.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Name:
ISSUED BY
Lawyers/file Insurance @poration
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 malerialmen's lien for labor or material 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 will pay the costs, attomeys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided In the
Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly
authonzed officers, the Policy to become valid when countersigned by an authonzed officer or agent of the Company.
Attest. d
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Cover Page
Form 1178 -22
__ E �tlsBa4N�E lit
5 — • — `C� q k
ii r4
§�3 ?►7 By:
Secretary � 1925 %'•row
t ilttt _
EXCLUSIONS FROM COVERAGE
OWNER'S POLICY OF TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION
President
The following matters are expressly excluded from the coverage of this policy and the Company vnll not pay loss or damage, costs, attorneys' fees or
expenses which anse by reason of:
1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regutatons) restncting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (Ili) a separation in ownership or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking that has occurred prior to Dale 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 writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the Insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land descnbed in Schedule A because of
unmarketability of the title.
5. Any claim which arises out of the transaction vesting in the person named In paragraph 3 of Schedule A the estate or interest insured by this policy,
by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either
(i) the transaction creating the estate or Interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable
distribution or voidable dividend,
(ii) the subordination or recharactenzation of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable
subordination or
(iii) the Transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer
results from the failure of the Company or Its Issuing agent to timely file for record the instrument of transfer to the insured after delivery or the
failure of such recordation to impart notice to a purchaser for value or ajudgment or lien creditor.
ORIGINAL
ti
1. DEFINITION OF TERMS
The following terms when used in this policy mean
(a) 'Insured': the insured named in Schedule A, and, subject to any nghts or
defenses the company would have had against the named insured, those who succeed
to the Interest of the named insured by operation of law as distinguished from purchase
including, but not limited to, heirs, dislribulees, devisees, surv personal
representatives, next of kin, or corporate, partnership or fiduciary successors, and
specifically, without limitation, the following
O 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
• Igmdation, -
() the partnership successors -in Interest to a general or limited
partnership which dissolves but does not terminate,
fin) the successors in Interest to a general or limited partnership resulting
from the distribution of the assets of the general or limited partnership upon partial or
complete liquidation,
(iv) the successors in Interest to a Joint venture resulting from the
distrbution of the assets of the Joint venture upon partial or complete Liquidation,
(v) the successor or substitute trustee(s) of a trustee named in a written
trust instrument; or
(vi) the successors In interest to a trustee or trust resulting from the
distribution of all or part of the assets of the trust to the beneficiaries thereof
(b) 'insured claimant'„ an insured claiming loss or damage
(c) 'knowledge' or 'known'. actual knowledge, not constructive knowledge or
notice that may be imputed to an insured by reason of the public records as defined in
this policy or any other records which impart constructive notice of matters affecting the
land
(d) land': the land described or referred to in Schedule A. and improvements
affixed thereto that by law constitute real property The term 'land' does not include any
property beyond the tins of the area described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes,
• ways or waterways, but nothing herein shall modify or limit the extent to which a right of
access to and from the land is insured by This policy,
(e) 'mortgage' mortgage, deed of trust, trust deed, or other security Instrument
(f) 'public records' records established under state statutes at Date of Policy
for the purpose of Imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge, With respect t0 Section 1(a)(iv) of the
Exclusions From Coverage, "public records' also shall include environmental protection
liens filed in the records of the clerk of the United States district court for the district in
which the land i5 located
(g) 'access legal right of access to the land and not the physical condition of
access, The coverage provided as to access does not assure the adequacy of access
for the use Intended
CONDITIONS AND STIPULATIONS
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in farce as of Date of Policy In favor of
an Insured only so long as the Insured retains an estate or interest in the land, or holds
an Indebtedness secured by a purchase money mortgage given by a purchaser from the
Insured, or only so long as the insured shall have liability by reason of covenants of
warranty made by the Insured In any Transfer or conveyance of the estate or interest
This policy shall not continue In force In favor of any purchaser from the insured of either
(i) an estate or Interest in the land, or (11) an Indebtedness secured by a purchase money
mortgage given to the Insured
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly In wnting g) 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 value of this policy II prompt notce 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 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 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 writing. within a reasonable time, of Its
determination as to the validity or invalidity of the Insureds claim or charge under the
policy If the Company concludes that the lien, encumbrance. adverse claim or defect is
not covered by this policy, or was otherwise addressed in the closing of the transaction
In connection with which this policy was issued, the Company shall specifically advise
the insured of the reasons for its determination If the Company condudes that the lien,
encumbrance, adverse claim or defect is valid, the Company shall take one of the i
following actions: (i) institute the necessary proceedings to clear the lien, encumbrance,
adverse claim or defect from the title to the estate as insured, (11) Indemnify the insured ,
as provided In this policy, (111) upon payment of appropnate premium and charges
therefor, issue to the insured claimant or to a subsequent owner, mortgagee or holder of ' r
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 lean; (iv) indemnify another title insurance company in connection with Its
issuance of a policy(ies) of title insurance without exception for the hen, encumbrance,
adverse claim or defect, (v) secure a release or other document discharging the lien,
encumbrance, adverse claim or defect, or (vi) undertake a combination of () through (v)
herein
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT
TO COOPERATE.
(a) Upon wntlen request by the insured and subject to the options contained m
Section 6 of these Conditions and Stipulations, the Company, at Its own cost and
without unreasonable delay, shall provide for the defense of an Insured in litigation in
which any third party asserts a claim adverse to the title or interest as insured, but only
as to those stated causes of action alleging a defect, lien or encumbrance or other
matter Insured against by this policy The Company shall have the right to select
counsel of its choice (subject to the right of the insured to object for reasonable cause)
to represent the insured as to those 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 lees, costs
or expenses incurred by the insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, at Its own cost, to Institute and prosecute
any action or proceeding or to do any other act that in Its opinion may be necessary or
desirable to establish the title to the estate or interest, as Insured, or to prevent or
reduce loss or damage to Insured. The Company may take any appropriate action
under the terms of this policy, whether or not It shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy If the Company shall
exercise 1s 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 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 0sured shall secure to the
Company the nght to so prosecute or provide defense In the action or proceeding, and
all appeals herein, and permit the Company to use, at Its option, the name of the insured
for this purpose Whenever requested by the Company, the insured, at the Company's
expense, shall give the company all reasonable aid (I) In any action or proceeding,
securing evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (x) in any other lawful act that In the opinion of
the Company may be necessary or desirable to establish the title to the estate or
Interest as insured If the Company is prejudiced by the failure of the Insured to furnish
the required cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requinng such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and alter the notices required under Section 3 of these Condibons
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 91 days
after the insured shall ascertain the facts giving rise to the loss or damage, The proof of
loss or damage shall descnbe the defect In, or lien or encumbrance on the title, or other
matter Insured against by this policy that constitutes the basis of loss or damage and
shall stale, 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 requinng 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 any aulhonzed representative of the Company, the Insured claimant shall
grant Its permission, in writing, for any aulhonzed 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 confidenbal by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, In the reasonable judgment of the Company, it Is necessary in the administration
of the claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
reasonably necessary information from third parbes 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 rase of a claim under this policy, the Company shall have the following
additional options
(a) To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the amount of Insurance under this policy,
together with any costs, attorneys' fees and expenses incurred by the insured claimant,
" which were authorized by the Company, up to the time of payment or lender of payment
and which the Company Is obligated to 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 !lability or obligation to defend, prosecute, 'Or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
corllrnuee on next page of cover sheet
0.217077 L 491 $ * * ** *44,230.00, $ * ** *546.00 1000
CASE NUMBER
2001 RR 217077 -P (215) /cu
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
2/12/2002 $ * * ** *44,230.00 0217077
SCHEDULE A
1. Name of Insured:
CITY OF ROUND ROCK
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
4. The land referred to in this policy is 'described as follows:
0.161 ACRES, MORE OR LESS OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO.
17 BII A�AON COU RTEX S, AND BEING MORE PARTICULARLY DESCRIBED IN
Countersigned By:
AUSTIN TITLE COMPANY
♦L . u. .
v.0 er-
A.
ig - u e
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule B
Schedule A And Cover Page Are Attached
. 1155 FR LC1N ADMINISTRATION 214.978 1440 TO 915126519252 P.03
FIELD NOTE DESCRII'TlONt A 0.161 ACRE TRAGT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND A PART OP THE WILLIS DONAHO SURVEY.
ABSTRACT N0, 173, AND BEING A PART OF THAT CERTAIN 19.651 ACRE
TRACT, CONVEYED TO ROCION' 3 CORPORTATION IN VOLUME 1753. PAOE
935 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED DY METES AND BO9)ND5 AS FOLLOWS:
BEGINNING al a calculated point for the southerly, most easterly corner ofaald 19,651
acre iracl, same being a point in the north line of chit certain trad of latid described as
Tract It, Ina deed to'fheodore Staub in Document No. 9629245 albs Official Records
of Williamson County, Tema, same being the southwest comer of that certain tract of
land descnbed u Tract t, in a deed In Theodore Staub In said Document No. 9629245,
for the southeast comer and POINT OP BEGINNING of the herein described tract;
THENCE North 1101°51'12" West, with the south line of said 19,651 acre Tract, the north
line of said Tract II, a distance of 13 24 fed, passing the northwest corner of sold Trace II,.
same being a point in the south right -of-way line of County Road 113, known locally as
Kipiten Road, continue with Use south right- of-way line of said County Road 113.1n all a
total distance of 437.17 feet, to an 'iron rod found, for the southeast corner of a Public
Road, recorded In Volume 1473. Page 113, of the Deal Records of Williamson County,
Texas. and for dm southwest corner of this tract;
THENCE North 00 ° 52'40" East, with the asst lino of said Public Road, s distance of
13.06 feet, 10 a calculated point, fur the northwest comer of this tract;
THENCE departing the cut line of said Public Road, crossing said 19.651 acre tract the
following two (2) coarser
1. South 9937'12" East, a dietcnce of 292.62 feet, to a calculated point at the beginning
ofa curve to the right;
2. Along the arc of said curve to the right a dhlance of 143.06 feet having a radius of
1030.00 feet, a central angle of o7 a chord which bears South 04°39'44"
Eau, a chord distance of 144.95 feel to calculated point in the east line of said
19.651 acre tract, the west line of said Tract 0, for the northeast comer of this trot;
THENCE South 00'22'22" West, with the went line of said Tract I, the east line of said
19.651 acre tract, a distance *16.26 feel to the POIM OF DEGINNING.
Containing 0.161 acres offend more or less.
P CA— CLYl'Y S O>!y. 2 /9r / o1
Randall S. Junes Date
Registered Profeselo Land Surveyor Nu, 4391
State of Texas
IU Surveying Inc.
1212 E. Braker Line
Austin, Texas 79753
RECORDERS MEMORANDUM
All or parts of the text on this page was not
dearly legible for satisfactory recordation.
S:11.aa4l9ojeds Rl]6531dot utoctle Ldm
Revised: Pebnu,y 21,1001
Page 1 di
EXHIBIT
1A
9 TOTAL PAGE.03 n9
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF
POLICY
2001 RR 217077 -P (215) /cu 2/12/2002
SCHEDULE B
RIGHTS OF PARTIES IN POSSESSION.
( CONT. ON SCH. B, PAGE 2 )
POLICY NUMBER
0217077
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 specific recording data or delete this exception):
ITEM 1 OF SCHEDULE B IS HEREBY DELETED IN ITS ENTIRETY.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any
spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to,
persons the public, corporations, government or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or
perennial rivers and streams lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established
or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low 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
2002 , and subsequent years; and subsequent taxes and assessments by any
tmeng 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 atters and all terms of the documents creating or offering
evidence of the matters (We must insert matters or delete this exception.):
7. DISTRICT PROPERTY #1 AND IS LOCATED WITHIN ALL BRUSHY RIGHTS CREEK UNDER THE LAW ACCORDED IMPROVEMENT
D TO SUCH A
DISTRICT.
8. AN EASEMENT DATED DECEMBER 3 1940 GRANTED TO TEXAS POWER AND LIGHT
COMPANY BY MRS. C.C. CODY, R IN VOLUME 308, PAGE 22 DEED CORDS,
WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRIC TRANSMISSION AND OR
DISTRIBUTION LINE AND SYSTEMS, TOGETHER WITH ALL RIGHTS RECITED TH REIN)
9. AN EASEMENT DATED JULY 7, 1982 GRANTED TO TEXAS POWER AND LIGHT COMPANY
BY ROCK N. J RANCH, INC., RECORDED IN VOLUME 892, PAGE 720, DEED RECORDS,
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
2001 RR 217077 -P (215) /cu 2/12/2002
SCHEDULE B
POLICY NUMBER
SYSTEMS, TOGETHER WITH ALL RIG ELECTRIC
RIGHTS RECITED THEREIN)
DISTRIBUTION LINE AND
REIN )
10. ON UNDIVIDED UNDER THAT MAY2BEIPRODUCEDIFROMLTHELS,UBJECTT AND PPROPERTY AS
FORTH IN INSTRUMENT RECORDED IN VOLUME 961, PAGE 345, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS.
NOTE: TITLE TO THE HEREIN DESCRIBED MINERAL INTEREST(S) NOT EXAMINED
SUBSEQUENT TO DATE(S) OF AFORESAID INSTRUMENT.
11. ANY VISIBLE AND /OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT
PROPERTY, THE EXISTENCE OF WHICH DOES NOT APPEAR OF RECORD.
12. ANY PORTION OF THE PROPERTY HEREIN DESCRIBED WHICH FALLS WITHIN THE
BOUNDARIES OF ANY ROAD OR ROADWAY.
0217077
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
B1178-22
^ (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant
(Q to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant, which were authorized
by the Company up to the time of payment and which the Company is obligated to pay,
or
(II) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant, which were 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 (n), 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 herein 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;
(0) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy at the date the insured claimant is required
to 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 BO percent of the value of the insured estate ar interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of Policy
an Improvement Is erected on the land which increases the value of the insured estate
or interest by at least 20 percent over the Amount of Insurance stated in Schedule A,
then this Policy is subject to the following'
(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
(c) where a subsequent improvement has been made, as to any partial
loss, the Company shall,only pay the loss pro rata m the proportion that 120 percent of
the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance stated In Schedule A and the amount expended for the improvement
The provisions of this paragraph shall not apply to costs, attorneys' lees and
expenses for which the Company is liable under this policy, and shall only apply to that
portion of any loss which exceeds, In the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not
being used as a single site, and a loss f5 established affecting one or more of the
parcels but not all, the loss shall be computed and settled on a pro rata basis as if the
amount of Insurance under This policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon
as to each parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement or by an endorsement attached to this policy
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged detect, lien or
encumbrance, or cures the lack of a 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
(b) In the event of any litigation, including litigation by the Company or with the
Company's 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 voluntarily assumed by the insured In settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro lento
11. LIABILITY NONCUMULATIVE.
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 R 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
CONDITIONS AND STIPULATIONS — CONTINUED
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed, in which case proof of loss or
destruction shall be furnished to the satisfaction of the Company
(b) When liability and the extent of loss or damage has been definitely hied 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 subrogatetl to and be entitled to all rights and remedies
that the insured claimant would have had against any person or property in respect to
the claim had this policy not been issued If requested by the Company, the insured
claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation The mauled 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
invoNmg 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 subrogate4 to these nghts and remedies in the
proportion that the Company's payment bears to the whole amount of the loss
If loss Should result from any act of the insured claimant, as Slated 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, vnthout 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, trust, partnership, association or other legal entity) All arbitrable
matters when the Amount of Insurance is in excess of S1,000,000 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 to a prevailing party, Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court having
junsdicbon 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 anses 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
wrong endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary. an Assistant Secretary. or validating officer or authonzed
signatory of the Company,
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision, and all other
provisions shall remain In full force and effect
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and shall
be addressed to. Consumer Affairs Department, P 0 Box 27567, Richmond, Virginia
23261.7567.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
tiled, contact the agent or write to the Company that issued the policy. 11 the
problem Is not resolved, you also may write the Texas Department of Insurance,
P.O. Box 149091, Austin, TX 78714.9091, Fax 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 1311-001941b.
Jyers]it1e
Insurance Crporation
A IANOAMEEICA COMP
TEXAS OWNER
POLICY OF
TITLE INSURANCE
ISSUED BY
Lowy erslide Insurance enporation
HOME OFFICE
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235-5153
l�s
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
awyersjitle
Insurance Corporation
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1 -800 -442 -7067