R-01-10-11-12E5 - 10/11/2001RESOLUTION NO. R- O1- 10- 11 -12E5
WHEREAS, the City Council, upon consideration of the matter,
has determined that there continues to exist a public necessity for
the welfare of the City of Round Rock and the public -at -large to
expand, widen and maintain U.S. Highway 79, and to perform
associated public purposes ( "Project "); and
WHEREAS, the City of Round Rock, has a need to acquire
approximately 0.73 acres of land in Williamson County, Texas, in
fee simple, said land more particularly described in Exhibit "A,"
attached hereto and incorporated herein by reference for all
purposes; hereinafter referred to as ( "Property "); for the above
stated Project; and
WHEREAS, the City Attorney has already engaged in
negotiations with the landowner, was unable to agree on the amount
of compensation to be paid the landowner for the acquisition of the
Property, and has filed proceedings in eminent domain in order to
acquire the Property; and
WHEREAS, since the filing of the petition in eminent domain,
the landowner has expressed a willingness to settle the
condemnation proceedings, a determination should be made as to the
maximum dollar amount the City will tender in settlement of this
action, Now Therefore
: 1O17MA\ EORLOOx \0: \"OOx \RESOLUTI \R11O11E5 RP" /e1C
BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS:
That it is necessary for the welfare of the City and its
citizens and is in the public interest to expand, widen and
maintain U.S. Highway 79, and to perform associated public purposes
and to acquire fee simple title in and to the above described land,
in order to allow the City and /or its assigns to complete said
Project.
That the City Attorney is authorized to continue negotiations
to settle the pending condemnation action.
That the maximum amount that the City of Round Rock will
tender in any settlement of this matter, aside from any awards or
judgment entered in said action, shall be $ L Ia 5 000
That if it is determined that settlement of this case cannot
be reached at or below this amount, then the City Attorney is
further authorized to continue the pending suit in eminent domain
against the owners and interested parties of the Property to
acquire fee simple title in and to the above described land, in
order to allow the City and /or its assigns to complete said
Project, and to perform and undertake all other proceedings
necessary to complete the acquisition of the Property.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Ordinance was adopted was posted and that such meeting was open to
2
the public as required by law at all times during which this
Ordinance 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.
RESOLVED this
ATTEST:
E LAND, City Secretary
llth day of October, 2001
.0 .
ROB RT A. STLUKA, J 4 , Mayor
City of Round Rock, Texas
3
STAN COALTER
RPLS, LSLS
J.S. COALTER & ASSOCIATES
REGISTERED PROFESSIONAL LAND SURVEYOR
LICENSED STATE LAND SURVEYOR
906 N. in 36, SUITE 108
ROUND ROCK, TEXAS 78684
CARLA SF MAN
(612) 288 -6211 TELEPHONE
OFFICE MANAGER (612) 266 -8288 FACSIMILE
FIELD NOTES
BEING 0.73 OF AN ACRE OF AND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO.
297, IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PART OF LOTS
No. 6 & 7 of SWENSON "S SUBDIVISION, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE NAP OR PLAT THEREOF RECORDED IN VOLUME 13, PAGE 119, DEED.
RECORDS OF WILLIAMSON COUNTY, AND BEING ALL OF THAT TRACT OF LAND DESCRIBED IN
DEEDS TO ADELINE GEISiMAN RECORDED IN VOLUME 827, PAGE 703, VOLUME 854, PAGE
429 AND VOLUME 901, PAGE 280, DEED RECORDS OF WILLIAMSON COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found at the most easterly corner hereof at the
intersection of the north line of Lots 6 & 7 of said Swenson's Subdivision
with the northwesterly line of United States Highway No. 79;
THENCE S 65 28' 21" W a distance of 402.55 feet with the northwesterly line
of said U. S. Highway 79 to an iron rod found at the southwest corner hereof,
said iron rod also being the southeast corner of that certain 3.00 acre tract
of land described in a deed to Aaron Thamison recorded in Volume 2422, Page
420, Official Records of Williamson County;
THENCE NORTH a distance of 173.19 feet to an iron rod set at the northwest
corner hereof in the north line of Lot 6 of said Swenson's Subdivision, said
iron rod also being the northeast corner of said 3.00 acre tract;
THENCE S 89° 02' 55" E a distance of 366.27 feet with the north line of said
Lots 6 & 7 of Swenson's Subdivision and the north line of County Road No. 195,
(a 30' wide gravel road), to the Place of Beginning, containing 0.73 of an
acre of land, subject to easements, conditions and restrictions of record, if
any.
COAL 1r & ASSOCIATES, SURVEYORS
\ d rl It/
Stan Coalter, RPIS, LSLS
12 -31 -99 File No. 99302
wp-8
EXHIBIT
PART OF THE P.A. HOLDER SURVEY, ABSTRACT 297
WILLIAMSON COUNTY, TX.
N. LINE
SWENSON'SUD.•-•.
13/119 D R
0.4'
QCoalter & Rggociateg
Registered?mfesuonal Surveyor .
Licensee SloYLaue sursryor
90' 22: 11 Awe ,on- Of e(5a.12554z
14xn1Raf, Tam 74464. 7m (51212554%63 •
N/f Catherine Overall 269.7 Ac. 339/178
(000 560.7'1
S 8.9 366. 27
12 -31 -99
Ref.: City of Round Rock
Public Works Dept.
993.02
H • o
as
0 -1006 ROD FOUND
FLOOD NOTE
The property described hereon IS NOT within a Special Flood Hazard Area
as determined by the Federal Emergency Management Agency; the flood hazard area being identi-
fied on F.I.R.M. Panel No, 4 81048 0 335 C effective 9 .27 -91
❑ Zone A ❑ Zone AE IN Zone X (Areas determined to be outside the 500 year flood plain.)
SURVEYORS CERTIFICATE
The plat shown hereon is a true, correct and accurate representation of the property as deter-
mined by survey, the lines and dimensions of said property, being as indicated by the plat, the
size, location and type of buildings and improvemeota are at shown, all. improvements being
within the boundaries of,ihe property, set back from the property Bops the distances indicated.
There are no encroachments, conflicts or proteuiioas, shortages. at area, visible utility lines or
roads crossing said property, except as shown hereon, amtsaid property has access to and from
a STATE RA INTAIR()t N)gMO ROAD.
DATE: October 5, 2001
SUBJECT: City Council Meeting — October 11, 2001
ITEM: 12.E.5. Consider a resolution determining the need for 0.73 acres of right -
of -way for the Highway 79 improvement project, authorizing
eminent domain proceedings, and authorizing a settlement offer.
(Geistman Tract)
Resource: Steve Sheets, City Attorney
History: This property has been identified as necessary for the Highway 79 expansion
project.
Funding:
Cost: To be determined
Source of funds: 4B Transpiration Sales Tax.
Outside Resources: N/A
Impact: N/A
Benefit: Allows for needed widening of Highway 79.
Public Comment: N/A
Sponsor: N/A
0.73 Ac.
827/703, 8544/429, 901/280
PART OF THE P.A. HOLDER SURVEY, ABSTRACT 297
WILLIAMSON COUNTY, TX.
N. LINE
SWENSON'SUB.•••.
13/119 D.R. •
•
o:
o
0.8'
QLoatter & SlIggociate 5
�MQ
'Rcgulered?rafessro)wlSsfrw ,r
.ironed Stmt [and Spnrlror
905 X 1X35. Saito rod - Of re (513)25s
7t�nd Rork
Texas 7d664 . 'Frex (512) 2 55 - 4 6 3 •
N/F Catherine Overall 269.7 Ac. 339/178
(S88 ° 56 . E 366.71
S 8.9 366. 27 r
12-31 -99
Ref.: City of Round Rock
Public Works Dept.
Q �tat' \ •
O
99302
29
0 -1RON ROD FOUND
FLOOD NOTE
'The property described hereon I S NOT within a Special Flood Hazard Area
as determined by the Federal Emergency Management Agegcy; the flood hazard area being identi-
fied on F.I.R.M. Panel No. 481048 0335 C effective 9 - 27 -9 I. _
❑ Zone A 0 Zone AE • Zone X (Areas determined fo be outside the 500 year flood plain.)
SURVEYORS CERTIFICATE
•
The plat shown hereon is a true, correct and accurate representation of the property as deter-
mined by survey, the lines and dimensions of said property being as indicated by the plat; the
size, location and type -of buildings and improvements are as 'shown, all. improvements being
within the boundaries of .the property, set back from the -property lines the distances indicated.
There are no encroachments, conflicts or protrusions, ,shortages• in area, visible utility lines or
roads crossing said property, excefft as shown hereon, and•Said property has access to'and from
a'STATE MA IN TAIN ED !USUD NOAD: -
Georgetown Title Company, Inc.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SPECIAL WARRANTY DEED
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 Highway 79 ( "Project "); and,
WHEREAS, the purchase of the hereinafter - described premises has been
deemed necessary or convenient for the construction, expansion,
enlargement, extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
Grantor reserves all of the oil, gas and sulphur in and under the
land herein conveyed but waive all rights of ingress and egress to the
surface thereof for the purpose of exploring, developing, mining or
drilling for same; however, nothing in this reservation shall affect the
title and rights of the City to take and use all other minerals and
materials thereon, therein and thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights -of -way, and prescriptive rights, whether of
record or not; all presently recorded restrictions, reservations,
W ORLDOX CO R WTRAN /CR I I3CONDIS MIT W 01101719/
That, ADELINE GEISTMAN, hereinafter referred to as Grantor, whether
one or more, for and in consideration of the sum of Ten and 00/100
Dollars ($ 10.00) and other good and valuable consideration to Grantor
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
does 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:
Dl -/o - //- / e5
1.
2002016759 3 PQ
BEING 0.73 of an acre of land, more or less, out of
the P.A. HOLDER SURVEY, Abstract No. 297 and being
a part of lots 6 and 7, Swenson's Subdivision,
according to the map or plat recorded in Volume 13,
Page 119, Deed Records in Williamson County, Texas
and being more particularly described by metes and
bounds in Exhibit "A ", attached hereto and
incorporated herein.
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 does hereby bind herself, her 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.
IN WITNESS WHEREOF, this instrument is executed on this the a day of
44Cagra , 2002.
WORLDOXCORR,TRAN CRI 13COND SMITl4'00017194
ADELINE GEISTMAN
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the c0 , day
of ltbruari , 2002 by ADE E GEISTMAN.
§
§
Not y Public, ` Stale of Texas
PREPARED IN THE OFFICE OF: 1 " MuRGN'
1 JILL N otenY S�
Sheets & Crossfield, P.C' =.
.- rlyCamr
309 East Main 1 _ ,ulNY17,2002
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Georgetown Title Company
711 Main Street
Georgetown, Texas 78627
2.
6 4'
STAN COULTER
RPL9, LSLS
CARLASHIPMAN
OFFICE MANAGER
J.S. COALTER & ASSOCIATES
REGISTERED PROFESSIONAL LAND SURVEYOR
LICENSED STATE LAND SURVEYOR
FIELD NOTES
905 N. IH 36, SUITE 108
ROUND ROCK, TEXAS 48664
(512) 266 -9211 TELEPHONE
(512) 251-5263 FACSIMILE
BEING 0.73 OF AN ACRE OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO.
297, IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PART OF LOTS
No. 6 & 7 of SWENSON "S SUBDIVISION, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 13, PAGE 119, DEED
RECORDS OF WILLIAMSON COUNTY, AND BEING ALL OF THAT TRACT OF LAND DESCRIBED IN
DEEDS TO ADELINE GEISTMAN RECORDED IN VOLUME 827, PAGE 703, VOLUME 854, PAGE
429 AND VOLUME 901, PAGE 280, DEED RECORDS OF WILLIAMSON COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found at the most easterly corner hereof at the
intersection of the north line of Lots 6 & 7 of said Swenson's Subdivision
with the northwesterly line of United States Highway No. 79;
THENCE S 65° 28' 21" W a distance of 402.55 feet with the northwesterly line
of said U. S. Highway 79 to an iron rod found at the southwest corner hereof,
said iron rod also being the southeast corner of that certain 3.00 acre tract
of land described in a deed to Aaron Thanison recorded in Volume 2422, Page
420, Official Records of Williamson County;
THENCE NORTH a distance of 173.19 feet to an iron rod set at the northwest
corner hereof in the north line of Lot 6 of said Swenson's Subdivision, said
iron rod also being the northeast corner of said 3.00 acre tract;
THENCE S 89° 02' 55" E a distance of 366.27 feet with the north line of said
Lots 6 & 7 of Swenson's Subdivision and the north line of County Road No. 195,
(a 30' wide gravel road), to the Place of Beginning, containing 0.73 of an
acre of land, subject to easements, conditions and restrictions of record, if
any.
wp
Stan Coalter, RPLS, LSLS
12 -31 -99 File No. 99302
FILED RND RECCRDEQ
OFFICIAL PUBLIC RECORDS
03 PM 2002016759
ANDERSON $13.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON p 1NTY, TEXAS
y e / o �
pa 2
STATE OF TEXAS
COUNTY OF
(t1 LA) 2002016760 2 ID S
eotgetown Title Company, Inc.
NOTICE TO PURCHASER OF REAL PROPERTY
The real property, described below, which you are about to purchase is located in the Brushy Creek Water
Control and Improvement District No. 1. The district has taxing authority separate from an other taxing
authority, and may, subject to voter approval, an unlimited amount of bonds and levy an unlimited rate of
tax in payment of such bonds. As of this date, the rate of taxes levied by the district on real property located
in the district is $ -0- on each 100 of assessed valuation. If the district has not yet levied taxes, the most
recent projected rate of debt service tax, as of this date, is $ -0- on each 100 of assessed valuation. The total
amount of bonds, which has been approved by the voters and which have been or may, at this date, be
issued is $ -0- and the aggregate initial principal amounts of all bonds issued for one or more of the
specified facilities of the district any payable in whole or in part from property taxes is $ -0 -.
The district has the authority to adopt and improve a standby fee on property in the district that has water,
sewer, sanitary, or drainage facilities and services available but not connected and which does not have a
home, building or other improvement located thereon and does not substantially utilize the utility capacity
available to the property. The district may exercise the authority without holding an election on the matter.
As of this date, the amount of the standby fee is $ -0 -. An unpaid standby fee is a personal obligation of the
person that owned the property at the time of the imposition and is secured by a lien on the property. Any
person may request a certificate from the district stating the amount, if any, of unpaid standby fees on a
tract of property in the district.
The purpose of this district is to provide water, sewer, drainage, or flood control facilities and services
within the distract through the issuance of bonds payable in whole or in part from property taxes. The cost
of those utility facilities is not included in the purchase price of your property, and these utility facilities are
owned or to be owned by the district. The legal description of the property which you are acquiring is as
follows: .73 OF AN ACRE OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY,
ABSTRACT NO. 297 AND BEING A PART OF LOTS 6 AND 7 SWENSON'S SUBDIVISION,
ACORDING OT THE MAP OR PLAT RECORDED IN VOLUME 13, PAGE 119, DEED RECORDS IN
WILLIAMSON COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND
BOUNDS IN EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF.
Clrl.a
Date
ROSEA.MCMIwN
MY COMMISSION EXPIRES
May 2,2005
Date ADELINE GEISTMAN
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO
CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX
RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR,
EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT.
PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY
CURRENT OF PROPOSED CHANGED TO THE INFORMATION SHOWN ON THIS FORM.
The undersigned purchaser hereby acknowledges receipt of the foregomg notice at or prior to execution of
a building contract for the purchase of the real property described in such notice or at closing of purchase of
the real property.
Y OF ROUND ROC
This instrument was acknowledged before me ora o 1 by
5 ePho.r‘ 1 S■ e v +c •
c- A . ►rncvw QQt ;,
Notary Public, State of Texas
STAN COALTER
RPLS, L8LS
CARLA SHIPMAN
OFFICE MANAGER
wp-8
r
Stan Coalter, RPLS, LSLS
12 -31 -99 File No. 99302
J.S. COALTER & ASSOCIATES
REGISTERED PROFESSIONAL LAND SURVEYOR
LICENSED STATE LAND SURVEYOR
FIELD NOTES
BEING 0.73 OF AN ACRE OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO.
297, IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PART OF LOTS
No. 6 & 7 of SWENSON "S SUBDIVISION, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 13, PAGE 119, DEED
RECORDS OF WILLIAMSON COUNTY, AND BEING ALL OF THAT TRACT OF LAND DESCRIBED IN
DEEDS TO ADELINE GEISTMAN RECORDED IN VOLUME 827, PAGE 703, VOLUME 854, PAGE
429 AND VOLUME 901, PAGE 280, DEED RECORDS OF WILLIAMSON COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT:
BEGINNING at an iron rod found at the most easterly corner hereof at the
intersection of the north line of Lots 6 & 7 of said Swenson's Subdivision
with the northwesterly line of United States Highway No. 79;
THENCE S 65° 28' 21" W a distance of 402.55 feet with the northwesterly line
of said U. S. Highway 79 to an iron rod found at the southwest corner hereof,
said iron rod also being the southeast corner of that certain 3.00 acre tract
of land described in a deed to Aaron Thanison recorded in Volume 2422, Page
420, Official Records of Williamson County;
THENCE NORTH a distance of 173.19 feet to an iron rod set at the northwest
corner hereof in the north line of Lot 6 of said Swenson's Subdivision, said
iron rod also being the northeast corner of said 3.00 acre tract;
THENCE S 89° 02' 55" E a distance of 366.27 feet with the north line of said
Lots 6 & 7 of Swenson's Subdivision and the north line of County Road No. 195,
(a 30' wide gravel road), to the Place of Beginning, containing 0.73 of an
acre of land, subject to easements, conditions and restrictions of record, if
any.
FILED PND RECORDED
OFFICIAL PUBLIC RECORDS
03- 01- 2002 02:54 PM 2002016760
ANDERSON $11.00
NANCY E. RISTER COUNTY CLERK
Wll VBWBOUNTY1 TEXAS
Page /
905 N. IH 96, SUITE 108
ROUND ROCK, TEXAS 4868.1
(612) 266 -8211 TELEPHONE
(512) 266 -8289 FACSIMILE
--
FORM T -1 OWNER POLICY OF TITLE INSURANCE
If you want information about coverage or need assistance to resolve complaints, please call our toll free number. 1 -800- 729 -1902 If you make a claim under
your policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations. '
Visit our World -Wide Web site at: http. /lwww.stewart.com
•
• ••:a.o.:voir• 'v .svv :y �. :7 ey la :
Countersig,�j
Autho
Chairman of the Bo d
OWNERS
5131 (Rev 10.1 -97)
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against 18Vor damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before
Date of Policy;
4. Lack of a right of access to and from the land.
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized
officers as of the date of Policy shown in Schedule A.
provided in the Conditions and Stipulations.
STEWAKT TITLE
Gunn AN Y COMPA
,ttSLE 6t 9�(.
'.• �aHPagq 'Z
06(10g-i
President
ed Signatory
rgetown Title Com•-n , Inc. lsos
ompany _�'•. ...
Georgetown, Texas r +° p, '*
City, State EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this`policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or govemmental regulation (induding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (I) the occupancy, use, or enjoyment of the land;.(ii)'the character, dimensions or location of any improvement now or hereafter erected
on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pan or (iv)
environmental protedion, 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 governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defeds, 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 which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this polity.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
unmarketability of the title.
5. Any daim, which arises out of the transadion 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 of federal creditors' rights lows, that is hosed on either (i) the transaction Seating the estate or
interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend, (it) the subordination
or retharaderization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subcoordination, 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 ifs 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
urchaser for value or a judgment or lien creditor.
Y: 0- 5841 - 205833
Serial No
•
•
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, distributees, devisees, survivors,
personal representatives, next of kin, or corporate, partnership or fiduciary
successors and specifically, without limitations, the following:
(i) the successors in interest to a corporation resulting from merger or
consolidation or the distribution of the assets of the corporation upon partial or
complete liquidation;
(it) 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 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
distribution of the assets of the joint venture upon partial or complete liquidation;
(v) the successor or substitute trustee(s) of a trustee named in a written
trust instrument; or
(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 retards as defined
in this policy or any other records which impart constructive notice of matters
affecting the land.
(d) land ": the land described or referred to in Schedule A, and improvements
affixed thereto that by law constitute real property. The term "land" does not include
any property beyond the lines of the area described or referred to in Schedule A, nor
any right, title, interest, estate or easement in abutting streets, roods, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent
to which o 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 wnstrudive notice of matters relating to real ro erly to
purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the
Exclusions From Coverage, "public records" also shall include environmental
protection liens filed in the records of the clerk of the United States district court for
the district in which the land is 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 attess for
the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of
an insured only so long as the insured retains an estate or interest in the land, or
holds an indebtedness secured by a purchase money mortgage given by a purchaser
from the insured, or only so long as the insured shall have liability by reason of
covenants of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shell not continue in force in favor of any purchaser
from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness
secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) 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 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 for the Polfry, 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 insured's
claim or charge under the policy. If the Company concludes that the lien,
encumbrance, adverse claim or defect is not covered by this policy, or was otherwise
'addressed in the 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
(continued and concluded
CONDITIONS AND STIPULATIONS
' or defect is valid, the Company shall take one of the following actions: (i) institute
the necessary proceedings to clear the lien, encumbrance, adverse claim or defect
from the title to the estate as insured; (11) indemnify the insured as provided in this
policy; (iii) upon payment of appropriate premium and charges therefor, issue to the
insured claimant or to a subsequent owner, mortgagee or holder of the estate or
interest in the land insured by this policy, a policy of title insurance without exception
for the 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 title insurance company in connection with its
issuance of a policy(ies) of title insurance without exception for the lien,
encumbrance, adverse claim or defect (v) secure a release or other document
discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a
combination of (i) through (v) herein.
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 its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation
in which any third party asserts o 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 stated causes of action and shall not be
liable for and will not pay the fees of any other counsel. The Company will not pay
any fees, costs or expenses incurred by the insured 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 the insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable hereunder, and
shall not thereby concede liability or waive any provision of this policy. If the
Company shall exercise it rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company may
pursue any litigation to final determination by o court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding,
and all appeals therein, and permit the Company to use, at its option, the name of
the insured for this purpose. Whenever requested by the Company, the insured, at
the Company's expense, shall give the Company all reasonable aid (i) in any action
or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (11) 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 ft prejudiced by the failure of the
insured to furnish the required cooperation, the Company's obligations to the insured
under the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters requiring
such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 91
days after the insured claimant shall ascertain the facts giving rise to the loss or
damage. The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by This policy that
constitutes the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company ft prejudiced
by the failure of the insured claimant to provide the required proof of �oss 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 requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and
places as may be designated by any authorized representative of the Company, all
retards, books, ledgers, (hecks, correspondence and memoranda, whether bearing a
date before or after Dale of Policy, which reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, 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 tbird pa which
reasonably pertain to the loss or damage. All information designated as confidential
on last page of this policy)
Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title
Insurance Company, Arkansas Title Insurance Company, Charter Land Tlue Insurance Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm - Leach - Bliley Act (GLBA) generally prohibits any financial Institution, directly or through its affiliates, from sharing
nonpublic personal Information about you with a non - affiliated third party unless the Institution provides you with a notice of its privacy
policies and practices, such as the type of Information that H collects about you and the categories of persons or entities to whom H may
be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and
practices of Stewart Title Guaranty Company, Stewart The Insurance Company, Stewart Title Insurance Company of Oregon, National
Land Tiile Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company.
We may collect nonpublic person Information about you from the following sources:
• Information we receive from you such as on applications or other forms.
• Information about your transactions we secure from ow files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved In your transaction, such as the real estate agent or lender.
Unless H Is specifically stated otherwise In an amended Privacy Polley Notice, no additional nonpublic personal Information will be
collected about you.
We may disclose any of the above Information that we collect about our customers or former customers to our affiliates or to nonaffiliated
third parties as permitted by law.
We may also disclose this information about our customers or former customers to the following types of non-affiliated companies that
perform marketing services on our behalf or with whom we have Joint marketing agreements:
• Financial service providers such as companies engaged In banking, consumer finance, securities and Insurance.
• Non - financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE
THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
•
We restrict access to nonpublic personal Information about you to those employees who need to know that Information In order to provide
products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal Information.
Georgetown Title Company, Inc.
. Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm - Leach - Bliley Act (GLBA) generally prohibits any financial Institution, directly or through its affiliates, from sharing
nonpublic personal information about you with a non - affiliated third party unless the institution provides you with a notice of its privacy
policies and practices, such as the type of Information that H collects about you and the categories of persons or entities to whom It may
be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and
practices of Georgetown Title Company, Inc.
We may collect nonpublic person Information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Informalion that we receive from others Involved In your transaction, such as the real estate agent or lender.
Unless H Is specifically stated otherwise In an amended Privacy Policy Notice, no additional nonpublic personal Information will be
collected about you.
We may disclose any of the above Information that we collect about our customers or former customers to our affiliates or to nonaffiliated
third parties as permitted by law.
We may also disclose this Information about our customers or former customers to the following types of nonaffiliated companies that
perform marketing services on our behalf or with whom we have Intel marketing agreements:
• Financial service providers such as companies engaged In banking, consumer finance, securities and Insurance.
• Non - financial companies such as envelope stuffers and other fulfillment seMee providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE
THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal Information about you to those employees who need to know that Information in order to provide
products or services to you We maintain physical, electronic, and procedural safeguards that cornplywrth federal regulations to guard
your nonpublic personal Information.
T -1 Owner Policy Schedules - Form Prescribed by Texas Department of Insurance - Revised 1/1/93
SCHEDULE A
GF NO. 00044883 3H
Owner Policy No.: 0 -5841- 205833
Amount of Insurance: $ 4 2 5, 0 0 0.0 0
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:
.73 of an acre of land, more or less, out of the P. A. HOLDER
SURVEY, Abstract No. 297 and being a part of Lots 6 and 7
Swenson's Subdivision, according to the map or plat recorded in
Volume 13, Page 119, Deed Records in Williamson County, Texas,
and being more fully described by metes and bounds in Exhibit
"A" attached hereto and made a part hereof.
NOTE: The Company does not represent that the above acreage or
square footage calculations are correct.
5812 (Rev. 1/1193)
DateofPolicy: March 01, 2002
STEWART TITLE
GUARANTY COMPANY
1:1 Owner Policy Schedules - Form Prescribed by Texas Department of Insurance - Revised 1/1/2000
GF 00044883 311
OWNER POLICY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys
fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any,
shown in Schedule A, and the following matters:
tXV OAKCNNbaC e7CitWMX00MeQMO1SXQf) QWdtXetgiXO*Wow.x(XtegTooil8 XX1X>:6tC itter<kMEVX
speX83X ReCNCdXtgX3MON0010,13006)0X.:4101IMX
Policy No.: 0 -5841- 205833
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public,
corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right
of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 200,2and
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. * see bel ow
6. The following matters and all terms of the documents creating or offering evidence of the matters
(The Company must insert matters or delete this exception.):
7. Terms, provisions and conditions of any leases, not of record.
8. All oil, gas and other minerals reserved by Missouri Pacific
Railroad Co., in quitclaim deed dated may 29, 1969, and all
rights incident thereto, as recorded in Volume 521, Page 336,
Deed Records, Williamson County, Texas. Title to said
reservation has not been examined subsequent to its date of
execution.
9. Easement dated July 31, 1980, from Dale Hester to Texas Power &
Light Company recorded in Volume 804, Page 166, Deed Records,
Williamson County, Texas.
10. 30' road along north l ine of property, as referred to in deed
dated February 1, 1978, recorded in Volume 698, Page 485, Deed
Records, Williamson County, Texas.
Continued on next page
Countersign GEORGETOWN TITLE COMPANY, INC.
46# 14111*.v1 •
Authorized Count:lf. ignature
5813 (Rev. 1/1/00)
STEWART TITLE
GUARANTY COMPANY
203A
GF00044883 3H
Attached to and made a part of Stewart Title Guaranty Company Policy No.
Continuation of Schedule
B
0 -5841- 205833
- 11. Easement dated March 20, 1967, to Texas Power & Light Company
recorded in Volume 500, Page 487, Deed Records, Williamson
County, Texas.
12. Electric line and underground telephone cable, as shown on
survey plat dated December 31, 1999, prepared by Stan Coalter,
Registered Professional land Surveyor No. 1481.
13. The effect, if any, of the fence being located within the west
property line and outside the north property line as shown on
survey plat dated December 31, 1999, prepared by Stan Coalter,
Registered Professional Land Surveyor No. 1481.
14. Any portion of the herein described property which lies within
the boundaries of a road or roadway, including but not limited
to County Road 195.
15. The rights of Brushy Creek Water Control and Improvement
District No. 1 to levy taxes and issue bonds.
16. All oil, gas and sulphur or other minerals of like and unlike
kind reserved by Grantors in deed dated February 28, 2002,
executed by Adeline Geistman to the City of Round Rock,
recorded under Document No. 2002016759, Official Public
Records, Williamson County, Texas, all rights incident thereto.
Title to said reservation has not been examined subsequent to
its date of execution.
17. Rights of parties in possession.
18. Any visible and apparent easement, either public or private,
the existence of which is not disclosed by the public records
as defined herein, including, but not limited to, roads or
utilities in use on the land.
including taxes levied by Brushy Creek Water Control and
Improvement District No. 1.
Page
STEWART TITLE
GUARANTY COMPANY
by the insured claimant provided to the Company pursuant to this Section shall not
he disclosed to others unless, in the reasonable judgment of the Company, it is
necessary in the administration of the claim. Failure of the insured daimant to
submit for examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third parties as
required in this paragraph shall terminate any liability of the Company under this
policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS TERMINATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy,
together with any costs, attorneys fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
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.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With
the Insured Claimant.
(i) to pay or otherwise settle with other parties for or to 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
(11) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant, which were authorized by the Company
up to the time of payment and which the Company is obligated to pay.
Upon the exerese by the Company of either of the options provided for in
paragraphs (b)(i) or (10, 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:
r) the Amount of Insurance stated in Schedule A
pi) 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.
(h) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of
Policy and 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:
q (t where no subsequent improvement has been made, as to any
partial loss, t the Company shall only pay the loss pro rata in the proportion that the
amount of insurance at Date of Policy bears to the total value of the insured estate or
interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120 percent
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorney's fees and
expenses for which the Company is liable under this policy, and shall only apply to
that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A.
(c ) The Company will pay only those costs, attorney's fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not
used as a single site, and a loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a pro rata basis as if the
amount of insurance under this policy was divided pro rota as to the value on Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has otherwise been agreed
upon as to each parcel by the Company and the insured at the time of the issuance of
this policy and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, all as insured,
or rakes action in accordance with Section 3 or Section 6, in a reasonably diligent
manner by any method, induding litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
and shall not he 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 to settling any daim 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 insurance pro Canto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company may pay under any policy insuring a
mortgage to which exception is taken in Schedule B or to which the insured has
agreed, assumed or taken subject, or which is hereafter executed by an insured and
which is a charge or lien on the estate or interest described or referred to in Schedule
A, and the amount so paid shall be deemed a payment under this policy to the
insured owner.
12. PAYMENT OF L055.
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the olicy has been lost or destroyed, in which case proof of
loss or destrudion 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 rest in the Company unaffected by any ad of the
insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
that the insured claimant would have had 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
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 which the Company's payment bears to the whole amount of the loss
If loss should result from any act of the insured claimant, as stated above, that
act shall not void this policy, but the Company, in that event, shall he required to pay
only that part of any losses insured against by this policy that shall exceed the
amount, if any, lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments that provide for subrogation rights by
reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable low or unless this arbitration section is deleted
by specific provision in Schedule B of this policy, either the Company ar the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited 1o, 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 91,000,000 or less SHALL BE arbitrated at
the request of either the Company or the insured, unless the insured is an individual
l person (as distinguished from a corporation, trust, partnership, association or other
egal entity). All arbitrable matters when the Amount of Insurance is in excess of
91,000,000 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 dale
the demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Polity shall be binding upon the parties. The award may include
attorney's fees and if the laws of the stale in which the land is located permit a court
to award attorney's fees to a prevailing parry. Judgment upon the award rendered
by the Arbitrator ((s) may be entered in any court having jurisdidion thereof.
The law of t e silos 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 polity and contract between the insured and the Company. In
interpreting any provision of this polity, this polity shall be construed as a whole. •
(b) Any claim of loss or damage, whether or not based an negligence, and
which arises out of the status of the title to the estate or interest covered hereby or By
any action asserting such daim, shall be restricted to this polity.
(c) No amendment of or endorsement to this polity can be made except by a
writing endorsement 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 Compony.
16. SEVERABILITY.
In the event any provision of the policy 0 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 polity and
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252 -2029.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, rented the agent or write to the Company that issued the policy. If the problem
is not resolved, you also may write the Texas Department of Insurance, 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
polity.
STEWART TITLE
GUARANTY COMPANY