R-02-01-10-12A1 - 1/10/2002•
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between JON
ROBERT BOEDE of 1115 Double Creek Drive, Round Rock, Texas 78664,
(referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK,
a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County,
Texas (referred to in this Contract as "Purchaser "), upon the terms and
conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
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 1.536 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
Payment of Purchase Price
2.01. The purchase price for the Property shall be the sum of
NINETY THOUSAND SEVEN HUNDRED FORTY and no /100 Dollars ($90,740.00.)
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 the date hereof 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
February 15, 2002, 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:
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Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
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
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suit for specific performance, or (3) receive the Escrow Deposit from
the Title Company, the sum being agreed on as liquidated damages for
the failure of Purchaser to perform the duties, liabilities, and
obligations imposed upon it by the terms and provisions of this
Contract, and Seller agrees to accept and take this cash payment as its
total damages and relief and as Seller's sole remedy hereunder in such
event.
ARTICLE IX
SPECIAL PROVISIONS
Possession, Use and Right of Entry Agreement
9.01. For the consideration to be paid by the City which is set
forth in Paragraph 2.01 above, Seller, upon executing this contract by
affixing his signature hereto, hereby grants, bargains, sells and
conveys to the City exclusive and immediate possession, use and right
of entry onto the Property for the purpose of constructing a roadway
project and appurtenances thereto and the right to remove any
improvements. The foregoing grant will extend to the City, its
contractors, assigns and /or owners of any existing utilities on the
Property and those which may be lawfully permitted on the Property by
the City in the future. This grant will allow the construction,
relocation, replacement, repair, improvement, operation and maintenance
of these utilities on the Property, to begin immediately and prior to
the closing date. The purpose of this grant is to allow the City to
proceed with its construction project without delay.
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.
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Notice
(c) Any notice required or permitted to be delivered hereunder
shall be deemed received when sent by United States mail, postage
prepaid, certified mail, return receipt requested, addressed to Seller
or Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
(d) This Contract shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Williamson County, Texas.
Parties Bound
(e) This Contract shall be binding upon and inure to the benefit
of the parties and their respective heirs, executors, administrators,
legal representatives, successors and assigns where permitted by this
Contract.
Legal Construction
(f) In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained herein.
Prior Agreements Superseded
(g) This Contract constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
Time of Essence
(h) Time is of the essence in this Contract.
Gender
(i) Words of any gender used in this Contract shall be held and
construed to include any other gender, and words in the singular number
shall be held to include the plural, and vice versa, unless the context
requires otherwise.
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(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
PURC
CI'" OF AUNT IC EX`.
Robe T7 Stluka, Jr., Ma'.
221 E. Main Street
Round Rock, Texas 78664
Date: 0 / — /D 6 02
@PPDesktop \: :00
Memorandum of Contract
Effective Date
(k) This Contract, with the exception of Article IX shall be
effective as of the date it is approved by the City Council, which date
is indicated beneath the Mayor's signature below. Article IX shall be
effective 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.
7
/NOALtDX /0: /WDO % /CORA /TRANSPRT /DRLCREEK /00016859. WPD /s is
, 2001
AUSTIN SURVEYORS
P.O. BOX 180243
AUSTIN, TEXAS 78718
2105 JUSTIN LANE 4103
(512) 454 -6605
Accompaniment for plat 1043P1
FIELD NOTES FOR 1.536 ACRES
All that certain tract or parcel of land situated in the P. A. Holder Survey, A -297, Williamson County, Texas
and being a part of a 9.2366 acre tract of land conveyed to Jon Robert Boede by deed recorded in Document
No. 9738936 of the Official Records of Williamson County, Texas, and part of a 18.006 acre tract of land
conveyed to Jon Robert Boede by deed recorded in Document No. 199936102 of the above mentioned
Official Records and being more particularly described by metes and bounds as follows:
BEGINNING at an iron pin found on the East right -of -way line of Doublecreek Dr. in the
Northwest corner of a 2.00 acre tract of land conveyed to Aaron Thomison by deed recorded
in Volume 956, page 1 of the Deed Records of Williamson County, Texas, in the Southwest
corner of the above mentioned 9.2366 acre tract for the Southwest corner of this tract.
THENCE N 02°38'16" W with the above mentioned East right -of - -way line at 689.72 feet
pass an iron pin found in the Southwest corner of the above mentioned 18.006 acre tract and
the Northwest comer of the said 9.2366 acre tract and continue for a total of 989.95 feet to
an iron pin found in the Southwest comer of a 82.081 acre tract of land conveyed to
Continental Homes of Texas, L. P. by deed recorded in Document No. 9977364 of the said
Official Records and the Northwest comer of the 18.006 acre tract for the Northwest comer
of this tract.
THENCE N 69 °34'44" E with the South line of the above mentioned 82.081 acre tract and
the North line of the said 18.006 acre tract 69.32 feet to an iron pin set for the Northeast
comer of this tract and the PC of a curve to the left, said curve having a radius of 950.00
feet and a central angle of 00 °53'02 ".
THENCE with the arc of the said curve 14.66 feet the sub -chord of which bears
S 02°18'28" E 14.66 feet to an iron pin set in the PT of the said curve.
THENCE S 02 °45'00" E 842.14 feet to an iron pin set in the PC of a curve to the right, said
curve having a radius of 5050.00 feet and a central angle of 00°12'18".
THENCE with the arc of the said curve 18.06 feet the long chord of which bears
S 02 °38'51" E 18.06 feet to an iron pin set in the PT of the said curve.
THENCE S 02 °32'42" E 137.11 feet to an iron pin set on the North line of the above
mentioned 2.00 acre tract and on the South line of the said 9.2366 acre tract for the
Southeast corner of this tract.
THENCE S 88 °04'27" W 67.36 feet to the POINT OF BEGINNING containing 1.536
acres of land, more or less.
I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes
were prepared from an on-the- ground survey made under my supervision during May of 2001 and are
correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title to the
City of Round Rock, Texas. Any use of this description by any person for any other purpose is expressly
prohibited.
EXHIBIT
114 i , z
1
Claude F. Hinkle, Jr.
R.P.L.S. No. 4629
£c -la'', 0/
Date 1043 - rowded.doc
Existing ROW
Survey plat showing a 1.536 acre tract
of land in the P.A. Holder Survey, A -297,
in Williamson County, Texas
POINT 0
BEGINNING
..on lnentai Homes of
1
DO C#
N
Proposed ROW
Jon Robert Boede
18.066 AC.
D0C# 199936102
Jon Robert Boede
9.2366 AC.
D0C# 9738936
.,a,or Thornison
I, Claude F. Hinkle, Jr., a Registered Professional Land Surveyor,
do hereby certify that this plat accurately represents the results
of an on — the— ground survey made under my supervision during
June of 2001 and is correct to the best of my knowledge and
belief.
CURVE RADIUS
C1 950,00'
C2 5050.00'
ARC LENGTH DELTA ANGLE
14.66'
00'53'02"
18.06'
00'12'18"
CHORD LENGTH
14.66'
18.06'
CHORD BEARING
S 02'18'28" E
S 02'38'51" E
EXHIBIT
('ayc
File No,: 1043P1
Job No.: 1043 -100
Date: June, 2001
Scale: 1 "a 200'
NOTE:
The following easements may apply to this
tract but cannot be located due to poor
descriptions. Vol. 325, Pg. 621
Vol. 377, Pg. 240
Vol, 419, Pg, 248
Vol. 377. Pg. 242
Field Notes Prepared
Scale 1" = 200'
Bearings shown hereon are grid bearings
determined by GPS RTK methods for a local
plane centered near the Southeast corner
of the P.A. Holder Survey, Abstract No. 297.
LINE
T1
T2
T3
BEARING
N 69'34'44" E
S 02'32'42" E
S 88'04'27" W
LEGEND
O Iron Pin Set
• Iron Pin Found
Oeslgned By do
Drawn Sy: do
Checked By:
Revleed:
2105 Justin Lane ,#109
Austin, Texas 78757
512- 454 -8805
DISTANCE
69.32
137.11
67.36'
AUSTIN SURVEYORS
RESOLUTION NO. R- 02- 01- 10 -12A1
WHEREAS, the City desires to purchase a 1.536 acre tract of land
for additional right -of -way for the Double Creek Drive Project, and
WHEREAS, Jon Robert Boede, 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 Jon Robert Boede, 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.
RESOLVED this 10th day of Ja ary, 20)2
ST:
CHRISTINE R. MARTINEZ, City Secret
::ODMA \WORLDOX \O: \WDOX \RESOLITTI \R20110A1.WPD /ac
ROB r " r A. STLUKA, JR. , ayor
City of Round Rock, Texas
y
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between JON
ROBERT BOEDE of 1115 Double Creek Drive, Round Rock, Texas 78664,
(referred to in this Contract as "Seller") and the CITY OF ROUND ROCK,
a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County,
Texas (referred to in this Contract as "Purchaser "), upon the terms and
conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
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 1.536 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
NINETY THOUSAND SEVEN HUNDRED FORTY and no /100 Dollars ($90,740.00.)
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
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EXHIBIT
"An
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 the date hereof 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
February 15, 2002, 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:
3
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Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
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
4
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suit for specific performance, or (3) receive the Escrow Deposit from
the Title Company, the sum being agreed on as liquidated damages for
the failure of Purchaser to perform the duties, liabilities, and
obligations imposed upon it by the terms and provisions of this
Contract, and Seller agrees to accept and take this cash payment as its
total damages and relief and as Seller's sole remedy hereunder in such
event.
ARTICLE IX
SPECIAL PROVISIONS
Possession, Use and Right of Entry Agreement
9.01. For the consideration to be paid by the City which is set
forth in Paragraph 2.01 above, Seller, upon executing this contract by
affixing his signature hereto, hereby grants, bargains, sells and
conveys to the City exclusive and immediate possession, use and right
of entry onto the Property for the purpose of constructing a roadway
project and appurtenances thereto and the right to remove any
improvements. The foregoing grant will extend to the City, its
contractors, assigns and /or owners of any existing utilities on the
Property and those which may be lawfully permitted on the Property by
the City in the future. This grant will allow the construction,
relocation, replacement, repair, improvement, operation and maintenance
of these utilities on the Property, to begin immediately and prior to
the closing date. The purpose of this grant is to allow the City to
proceed with its construction project without delay.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10.01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
Corporation.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall
not be merged therein.
5
P PFD, sktOp\:: orMA / WORLD OX/ 0:/ wDO%/ mRR/ rB, Nsear /D8LCRERK /000lsas5.weo /sls
Notice
(c) Any notice required or permitted to be delivered hereunder
shall be deemed received when sent by United States mail, postage
prepaid, certified mail, return receipt requested, addressed to Seller
or Purchaser, as the case may be, at the address set forth opposite the
signature of the party.
Texas Law to Apply
(d) This Contract shall be construed under and in accordance with
the laws of the State of Texas, and all obligations of the parties
created hereunder are performable in Williamson County, Texas.
Parties Bound
(e) This Contract shall be binding upon and inure to the benefit
of the parties and their respective heirs, executors, administrators,
legal representatives, successors and assigns where permitted by this
Contract.
Legal Construction
(f) In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained herein.
Prior Agreements Superseded
(g) This Contract constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
Time of Essence
(h) Time is of the essence in this Contract.
Gender
(i) Words of any gender used in this Contract shall be held and
construed to include any other gender, and words in the singular number
shall be held to include the plural, and vice versa, unless the context
requires otherwise.
6
@P Rpesk[ op\:: OrMA/ WORLp O%/ O:/ WU o%/C ORR/ TRANSPRT /DBLCREEK / /s is
(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
(k) This Contract, with the exception of Article IX shall be
effective as of the date it is approved by the City Council, which date
is indicated beneath the Mayor's signature below. Article IX shall be
effective 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.
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stluka, Jr., Mayor
221 E. Main Street
Round Rock, Texas 78664
Date:
Memorandum of Contract
Effective Date
7
@ PFDesktop\:: O[ NAA/ WORLDO%/ O:/ WDOX/ CORR/ TRANSPRT /DRLCREEK /
6
, 2001
AUSTIN SURVEYORS
P.0. BOX 18020.3
AUSTIN, TEXAS 78718
31 OS JUSTIN LANE 0103
(512)454 -6605
Accompaniment for plat 1043P1
FIELD NOTES FOR 1.536 ACRES
Alt that certain tract or parcel of land situated in the P. A. Holder Survey, A -297, Williamson County, Texas
and being a part of a 9.2366 acre tract of land conveyed to Ion Robert Boede by deed recorded in Document
No. 9738936 of the Official Records of Williamson County, Texas, and part of a 18.006 acre tract of land
conveyed to Ion Robert Boede by deed recorded in Document No. 199936102 of the above mentioned
Official Records and being more particularly described by metes and bounds as follows:
BEGINNING at an iron pin found on the East right -of -way line of Doublecreek Dr. in the
Northwest comer of a 2.00 acre tract of land conveyed to Aaron Thomison by deed recorded
in Volume 956, page 1 of the Deed Records of Williamson County, Texas, in the Southwest
comer of the above mentioned 9.2366 acre tract for the Southwest comer of this tract.
THENCE N 02 °38'16" W with the above mentioned East fight-of-way line at 689.72 feet
pass an iron pin found in the Southwest comer of the above mentioned 18.006 acre tract and
the Northwest comer of the said 92366 acre tract and continue for a total of 989.95 feet to
211 iron pin found in the Southwest comer of a 82.081 acre tract of land conveyed to
Continental Homes of Texas, L. P. by deed recorded in Document No. 9977364 of the said
Official Records and the Northwest corner of the 18.006 acre tract for the Northwest comer
of this tract.
THENCE N 69 °34'44" E with the South line of the above mentioned 82.081 acre tract and
the North line of the said 18.006 acro tract 69.32 feet to an iron pin set for the Northeast
comer of this tract and the PC of a curve to the left, said curve having a radius of 950.00
feet and a central angle of 00 °53'02 ".
THENCE with the arc of the said curve 14.66 feet the sub-chord of which bears
S 02 °18'28" E 14.66 feet to an iron pin set in the PT of the said curve.
THENCE S 02 °45'00" E 842.14 feet to an iron pin set in the PC of a curve to the right, said
curve having a radius of 5050.00 feet and a central angle of 00
THENCE with the arc of the said curve 18.06 feet the long chord of which bears
S 02 °38'51 "E 18.06 feet to an iron pin set in the PT of the said curve.
THENCE S 02 E 137.11 feet to an iron pin set on the North Tine of the above
mentioned 2.00 acre tract and on the South line of the said 9.2366 acre tract for the
Southeast comer of this tract.
THENCE S 88 °04'27" W 67.36 feet to the POINT OF BEGINNING containing 1.536
acres of land, more or less.
I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes
were prepared from an on- the - ground survey made under my supervision during May of 2001 and are
correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title to the
City of Round Rock, Texas. Any use of this description by any person for any other purpose is expressly
prohibited.
EXHIBIT
P4 / ur Z
1
Claude . Hinkle, Jr.
R.P.L.S. No. 4629
LG �Jio o/
Dale 1043- rowded.doc
Existing ROW
Survey plat showing a 1.536 acre tract
of land in the P.A. Holder Survey, A -297,
in Williamson County, Texas
0
0
I / Con inentai Homes of
I I / Texas,
92.O
0
m
POINT 0
BEGINNIN
Proposed ROW
Jon Robert 8oede
18.066 AC.
DOC# 199936102
Jon Robert Boede
0 I "• 9.2366 AC.
DOC# 9738936
Aaron T,:;:;fi:lson
1, Claude F. Hinkle, Jr., a Registered Professional Land Surveyor,
do hereby certify 1601 this plat o curotely represents the r sulk
of an on—the—ground survey made under my supervision during
June of 2001 and is correct to the best of my knowledge and
belief.
Bearings shown hereon are grid bearings
determined by CPS RTK methods for o local
plane centered near the Southeast corner
of the P.A. Holder Survey, Abstract No. 297.
CURVE
C1
C2
RADIUS
950.00'
5050,00'
ARC LENGTH
14.66'
18.06'
DELTA ANGLE
00'53'02"
00'12'10"
CHORD LENGTH
14.66'
18.06'
CHORD BEARING
S 02'16'28" E
5 02'38'51" E
EXHIBIT
PO4e 2afz
Field Not Prepared
5.1. No: 1043P1
Job No.: 1043 -100
Ma. Jun.. 2001
Scale: 1 200
NOTE:
The following easements may apply to this
tract but cannot be located due to poor
descriptions. Vol. 325, Pg, 621
Vol. 377, Pg. 240
Vol, 419, Pg. 248
Vol. 377, Pg. 242
Scale 1" = 200'
LINE
T1
72
T3
BEARING
N 69'34'44" E
S 02'32'42" E
5 88'04'27" w
LEGEND
0 Iron Pin Set
• Iron Pin Found
Dorton.d er. do
Drawn 6y: dnw
Checked Br:
Re Ind.
AUSTIN SURVEYORS
2105 Justin Lane #103
Austin, Texas 78757
512 -454 -8805
DISTANCE
69.32'
137.11'
67.36'
DATE: January 10, 2002
SUBJECT: City Council Meeting — January 4, 2002
ITEM: *12.A.1. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Jon Robert Bode for right -of -way for the
Double Creek Drive Project.
The Standard Family of Codes that are currently enforced are no longer revised to reflect
changes in the current industry standards. The Standard, Uniform
and BOCA Building Codes have been consolidated into single family
of codes, The International Codes.
Resource: Steve Sheets, City Attorney
History: The extension and widening of Double Creek Drive will accommodate new
development in the southeast quadrant of the City and provide additional
access to Forest Creek.
Funding:
Cost: $90,740
Appraised Value: $90,740
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: Sheets & Crossfleld, P.C.
Impact/Benefit: Increased mobility in the southeast quadrant of the City.
Public Comment: N/A
Sponsor: N/A
- -1. -PI�X( a3 3a - ti
3
U1
• THE STATE OF TEXAS §
a §
COUNTY OF WILLIAMSON §
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
00021003.WPD
- 6 1-ID -/ 4,
SPECIAL WARRANTY DEED
Double Creek Drive
1.
R- 051ltdo
a1 11'!),
tr) WHEREAS, the City of Round Rock, Texas is authorized to purchase bad and such
0 other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
✓ i
C'.1 the proposed Double Creek Drive ( "Project "); and
• WHEREAS, the purchase of the hereinafter - described premises has been deemed
O necessary or convenient for the construction, expansion, enlargement,
O extension, improvement, or operation of the Project;
That, JON ROBERT BOEDE, a single person, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Ten
Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand
paid by the City of Round Rock, Texas, receipt and sufficiency of which is
hereby acknowledged, and for which no lien is retained, either expressed or
implied, have this day Sold and by these presents do Grant, Bargain, Sell and
Convey unto the City of Round Rock, Texas all those certain tracts or parcels
of land lying and being situated in the County of Williamson, State of Texas,
being more particularly described as follows:
BEING 1.536 acres, more or less, out of P.A. HOLDER SURVEY,
ABSTRACT NO. 297, Williamson County, Texas, and being more
particularly described in Exhibit "A" attached hereto and made
a part hereof.
Grantors reserve all of the oil, gas and sulphur in and under the land
herein conveyed but waive all rights of ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same;
however, nothing in this reservation shall affect the title and rights of the
City to take and use all other minerals and materials thereon, therein and
thereunder.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights -of -way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineral leases, mineral severances, and other instruments, other than liens and
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,
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 W S WHEREOF, this instrument is executed on this the / day of
f`� , 2002.
SUSAN PATTERSON
MY COMMISSION EXPIRES
February 1,2004
PREPARED IN THE OFFICE OF:
00021003.WPD
PoPeom
JON ROBERT BOEDE
Acknowledgments
State of Texas
County of Williamson
This instrument was acknowledged before me on this the / day of
, 2002 by JON ROBERT BOEDE.
Notary Public, State of Texas
Sheets & Crossfield, P.C.
309 E. Main St,
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
0 Austin Title Company
�1 101 E. Old Settler's Blvd.
Suite 100
Round Rock, Texas 78664
2.
EXHIBIT A
AUSTIN SURVEYORS
P.O. BOX 180243
AUSTIN. TEXAS 78718
2105 JUSTIN LANE 8103
(512) 454-6605
Accompaniment for plat 10431'1
FIELD NOTES FOR 1.536 ACRES
All that certain tract or parcel of land situated in the P. A. Holder Survey, A -297, Williamson County, Texas
and being a part of a 9.2366 acre tract of land conveyed to Jon Robert Boede by deed recorded in Document
No. 9738936 of the Official Records of Williamson County, Texas, and part of a 18.006 acre tract of land
conveyed to Jon Robert Boede by deed recorded in Document No. 199936102 of the above mentioned
Official Records and being more particularly described by metes and bounds as follows:
BEGINNING at an iron pin found on the East right -of- -way line of Doublecreek Dr. in the
Northwest comer of a 2.00 acre tract of land conveyed to Aaron Thomison by deed recorded
in Volume 956, page 1 of the Deed Records of Williamson County, Texas, in the Southwest
comer of the above mentioned 9.2366 acre tract for the Southwest corner of this tract.
THENCE N 02°38'16" W with the above mentioned East right -of -way line at 689.72 feet
pass an iron pin found in the Southwest comer of the above mentioned 18.006 acre tract and
the Northwest comer of the said 9.2366 acre tract and continue for a total of 989.95 feet to
an iron pin found in the Southwest comer of a 82.081 acre tract of land conveyed to
Continental Homes of Texas, L. P. by deed recorded in Document No. 9977364 of the said
Official Records and the Northwest comer of the 18.006 acre tract for the Northwest comer
of this tract.
THENCE N 69 °34'44" E with the South line of the above mentioned 82.081 acre tract and
the North line of the said 18.006 acre tract 69.32 feet to an iron pin set for the Northeast
corner of this tract and the PC of a curare to the left, said curve having a radius of 950.00
feet and a central angle of 00 °53'02 ".
THENCE with the are of the said curve 14.66 feet the sub -chord of which bears
S 02°18'28" E 14.66 feet to an iron pin set in the PT of the said curve.
THENCE S 02 ° 45'00" E 842.14 feet to an iron pin set in the PC of a curve to the right, said
curve having a radius of 5050.00 feet and a central angle of 00
THENCE with the are of the said curve 18.06 feet the long chord of which bears
S 02°38'51" E 18.06 feet to an iron pin set in the PT of the said curve.
THENCE S 02°32'42" E 137.11 feet to an iron pin set on the North line of the above
mentioned 2.00 acre tract and on the South line of the said 9.2366 acre tract for the
Southeast comer of this tract.
THENCE S 88 °04'27" W 67,36 feet to the POINT OF BEGINNING containing 1.536
acres of land, more or leas.
I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes
were prepared from an on- the -ground survey made under my supervision during May of 2001 and are
correct to the beat of my knowledge and belief. These field notes were prepared for a transfer *hide to the
City of Round Rock, Texas. Any use this description by any person for any other purpose is expressly
prohibited.
Claude .. Hinkle, Jr.
R.P.L.S. No. 4629
8G .f✓ /e O/
Date 1043- rowded.doc
Existing ROW
Survey plat showing a 1.536 acre tract
of land in the P.A. Holder Survey, A -297,
in Williamson County, Texas
/ Continental Homes of 1C0RDERSMEMORANDUNI
I Texas, L.P. all or parts of the telaon this page was not
82_. 081 AC• dearly legible for satisfactory recordation.
1 D0C# Safi 736
POINT 0
BEGINNING` T3
Aaron Thornison
20 AC,
Vol. 956
Pg, 1
CURVE
Proposed ROW
Jon Robert Boede
18.066 AC.
DOC# 199936102
Jon Robert Boede
9.2366 AC.
DOC# 9738936
RAMIS ARC LE GTH DELTA ANGLE
�� •-• TN C 0R• _
t�liMVIAIIlt6d 4 �Z g
I, Clouds F. Hinkle, Jr„ a Registered Professional Land Surveyor,
do hereby certify that thls plat accurately represents the results•
of an on the — ground survey mode under my supervision during
June of 2001 and Is correct to the best of my knowledge end
belief.
I E � 0aT F
/ , pa ' 1i C •T � �
/� „ o N �
f, < *OE 'F.:414 :1R,)
\ 4 4629 77
\ �`O S° R
NOTE:
The following easements may apply to this
tract but connot be located due to poor
descriptions. Vol. 325, Pg. 621
Vol. 377, Pg. 240
Vol. 419, Pg. 248
Vol. 377, Pg. 242
Scale 1" = 200'
Bearings shown hereon are grid bearings
determined by GPS RTK methods for a local
plane centered near the Southeast corner
of the P.A. Holder Survey, Abstract No, 297,
Field Notes Prepared
T3
S 88'04'27' W
67.36'
LEGEND
o Iron Pin Set
• Iron Pin Found
i. 1
o.: 1043 -100
Dot.: Jyn. 401
asei.: 1 . 260
•to =r: de
Cheek Bw
Rwlu
AUSTIN SURVEYORS
2105 Austin Lane #103
Austin, Texas 76757
612- 464 -8806
FILED OD RECORDED
OFFICIAL PUBLIC RECORDS
03- 20- 20OUSA01 :05,PM 2002021705
NANWILLIAMSONECOUNTY, ,COUNTY CLERK
AS
a,r7te.
ISSUED BY
Lawyerslitle Insurance (o}potation
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 o1:
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, contractors, or rnaterialmen's lien for labor or material having its inception on or before Date of Policy;
4. Lads of a right of access to and from the land;
5. Lack of good and indefeasible tide.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the
Conditions and Stipulations.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
Attest di
Texas Owner's Policy T -1 (Rev. 1 -1 -93)
Cover Page
Form 1178 - 22
Secretary
ORIGINAL
LAWYERS TITLE INSURANCE CORPORATION
By:
EXCLUSIONS FROM COVERAGE
OWNERS POLICY OF TITLE INSURANCE
age-al
President
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (4) 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 protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(5) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice o1 a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Data of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed 10 by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date oI 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 10 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 described in Schedule A because of
unmarketabilty 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 recharacterization 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 alter delivery or the
failure of such recordation to impart notice to a purchaser for value or ajudgment or lien creditor.
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 limitation, the following:
(1) 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;
(ii) 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 assess of the joint venture upon partial or complete liquidation;
(v) the successor or substitute trustee(s) of a trustee named in a written
(rust 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 Toss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive knowledge or
notice that may be imputed to an insured by reason of the public records as defined in
this policy or any other records which impart constructive notice of matters affecting the
land.
(d) 'land': the land described or referred to in Schedule A, and improvements
affixed thereto that by law constitute real property. The term 'land" does not include any
property beyond the lines of the area 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.
(1) "public records ': records established under state statutes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the
Exclusions From Coverage, "public records' also shall include environmental protection
liens tiled 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 access
for the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of
an insured only so long as the insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage given by a purchaser from the
insured, or only so long as the insured shall have liability by reason of covenants of
warranty made by the insured in any transfer or conveyance of the estate or interest.
This policy shall not continue in force in favor of any purchaser from the insured of either
(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 10 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 Inc 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 insured's claim or charge under the
policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is
not covered by this policy, or was otherwise addressed in the closing of the transaction
in connection with which this policy was issued, the Company shall specifically advise
the insured of the reasons for its determination. If the Company concludes that the lien,
encumbrance, adverse claim or detect 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 nom the title to the estate as insured; (ii) 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 10 the current value of the property or, it a mortgagee policy, the amount
of Inc 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,
CONDITIONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT
TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in
Section 6 of These Conditions and Stipulations, the Company, al 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 slated 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 10 do any other act that in its opinion may be necessary or
desirable to establish the title to the estate or interest, as insured, or to prevent or
reduce loss or damage to insured. The Company may take any appropriate action
under the terms of This policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If the Company shall
exercise its 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 tom any adverse judgment
or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals herein, and permit the Company 10 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 (I) in any other lawful act that in the opinion of
the Company may be necessary or desirable to establish the title to the estate or
interest as insured. If the Company is prejudiced by the failure of the insured to furnish
the required cooperation, the Companys obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and 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 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 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 masters requiring such proof of loss
or damage,
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a dale
before or alter Date 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
inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
loss or damage. All information designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the administration
of the claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to 1131 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, attomeys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the lime of payment or tender of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
continued on next page of cover sheet
0230232 L 491 $ * * ** *90,740.00 $ * ** *920.00 1000
CASE NUMBER
2002 RR 230232 -N (215) /khs
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
3/20/2002 $ * * ** *90,740.00 0230232
SCHEDULE A
1. Name of Insured:
CITY OF ROUND ROCK, TEXAS
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK, TEXAS
4. The land referred to in this policy is described as follows:
1.536 ACRES MORE OR LESS, OUT OF P. A. HOLDER SURVEY, ABSTRACT NO. 297,
WILLIAMSON COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
A" ATTACHED HERETO.
AUSTIN TITLE COMPANY
e
Countersigned 8y: y0.
Autnorizea counte rs e
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule B
Schedule A And Cover Page Are Attached
All that certain tract or parcel of land situated in the P. A. Holder Survey, A-297, Williamson County, Texas
and being a part of a 9.2366 acre tut of lapd'eonveyed tq,Ign Robert Bowie by deed rounded In Dooumaot
No. 9738936 of the Official Rawid ofM/Illiamsou County, Texas, and part of a 18.006 acre tract of land
conveyed to Ica Robert Ikeda by deed.i' c rded in Dooymaot No. 199936102 of the above mentioned
Official Records and being more pa{pyularlx by metes and bounds as follows:
BEOINIIINO a p f an Iron iG'
ougdp6 the Bast righYoi way lies of Doublecroak Dr. in the
Northwest comer of a 2.00 2.00.acutstruief land conveyed to Aaron Thomuoo by deed recorded
in Volume 956, page 1 of thiDeed'Raoords of Willtamson County, Texas, In the Southwest
corner of the above mentioned' 9.2366 acre tract tbr the Southwest comer ofthia tract.
THENCE N 02°38'16"W with the above mentioned East right-of-way line at 689.72 fad
pass an iron pin found in the Southwest comer of*. above mentioned 18.006 acre tract and •
the Northwest comer ofthe said 9.2366 acre train and continue for a total of 989.95 feet to
an iron pin found in the Southwest comer of a 82.081 acre tract of land conveyed to
Continental Homes of Taxis, L. P. by deed recorded in Document No..9977364 of tlu said
Official Records and the Northwest corner ofthe 18.006 acre tract for the Northwest comer
ofthis tract
THENCE N 69°34'44 " E with the South line of the above mentioned 82.081 acre tract and
the North line of the said 18,006 acre Cad 69.32 fed to as iron pin sat far the Northeast
comer of this trail and the PC of a'curve to the left, said curve laving a radius of 950.00
feet and a central angle of 00 °53'02 ".
THENCE with the arc of the said curve 14.66 fed the sub -chord of which bears
S 02 °18'28" E 14.66 feet to an, iron pin set in the PT of the said curve.
t
THENCE S 02 °45'00" E 842,14 footle an iron plaid-in the.PC of a curve to the right, said
curve having a mdiva of 505000,ef;and a central angle of 00°12'18".
THENCE with the arc of'the ksald curve 18.04 feet the long chord of which bears
S 02°38'51" E 18,06 feet toan nog in sin in the PT ofthe said curve.
'THENCE S 02°32'42" B., ; 1374 t to an Iran in set on the North lime of the above -
mentioned 2.00 acre traotipndoas*. South line, of the said 92366 acre had for the
Southeast comer of this tract,
THENCE S 88°04'27" W 67.364set to the POINT OF BEGINNING containing 1.336
acra of land, mon or less.
EXHIBIT A
AUSTIN SURVEYORS
P.O. Box 1a0143
AUSTIN. TEXAelt/a
ZIOSJUSTIN W+xalm
012)4546603
A°mmparlmml Wr pl5104301
FIELD NOTES FOR 1.536 ACRES
1, Claude F. Hinkle, 3r. , a Registered Pioteasional Land Surveyor, do hereby certify that these field cotes
were prepared from an on4hs grougd e%avoy made under my supervision during May of 2001 and are
correct to the but of my'lmowledge endbellef. Thew field notes were prepared for a winder of tiW to the'
City of Round Rook. Texas. My use this description by any person for any other purpose la ex:mealy
prohibited
fa
Date 1043:rowde:idea
Claude F. Hinkle; Jr.
R_P.L.S. No. 4629
Ode F Hi We, Jr a Rag stolid Profa40i
AZreby cerY ihal thi. o . . d.-- tety Opr
on rt leu H
, pq 001 nrdu con y ' made un.,,r myLA:eMrc:
2
I I .'ar 001 and -b aomat roan. beet o(. tar
M.1:141• 1 it �rli
s1fl•11111622ELC fc:h949 IN'
ir
i �F3
110 r "4E•:r LrF.;44.4 1. Q0.4,0 S C3..• .d•141g3m.GCf .3:[•111 :i.1.19
`3emille& I-.R.I.1...,L N IAntennae lCd•1b 4 NCR l ltammuaIII M-hklk {L']S�Ia]
et4.mem ; fA •i]ul R•IJ®.fr ®IC•1•LYIf IJIMIIREZZIH.I'i•F;PI If 1L
..n! ommsamErm7ra « ,
Ea.ting Row
Survey plat showing a 1.536 acre tract
of land in the P.A. Holder Survey, A -297,
in Williamson County, Texas
/ Continental Homes of (ECORDERSMEMORANDUM
I I All or parts otthe tat on this pagewas aot
:lerrlylegibk for satisfactory recordation.
Texas, L.P..,
82.087 ACS
' I r DOC# yA76k;r
Proposed ,ROw
Jon Robert Boede
18.066 AC.
DOC# 199936102
Jon Rort
9 AC. Boede
D0C #•' 9738936 _ __
NOTE:
The following easements may apply to t l
tract but cannot be located due to poor
description.. Vol 325. Pp, 621 -
Vol 377, Pg. 240
Vol. 419, Pg. 243
Vol, 377, Pg. 242
Scale
Bearings shown hereon ary�yrld.. egrr s
determined by 911 R IIt tnett,4dllep looa i
plane centered near th. $oul�aat .order
of the P.A. Halde( $Y,rvpy .Mstragt,Np, 297,
•
tXOENR ,
o fron•Pin Set
• Iron P1. Pound
CASE NUMBER
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
DATE OF
POLICY
POLICY NUMBER
2002 RR 230232 -N (215) /khs 3/20/2002 0230232
SCHEDULE B
This policy does not insure against 1 ss or damage (and the Company will
not pay costs, attorne 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):
DOCUMENT 7 #97221016 OFFICIA C IN
IAMSON #9722100 UNT, TEXAS.
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or
any encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any
spouse of any i nsured.
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 spbse ent years; and subsequent taxes and assessments by any
t Ring 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 followin matters and all terms of the documents creating or offering
evidence of the matters (We must insert matters or delete this exception.):
RIGHTS OF PARTIES IN POSSESSION.
7. ANY VISIBLE AND /OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT
PROPERTY, THE EXISTENCE OF WHICH DOES NOT APPEAR OF RECORD.
8. ANY PORTION OF THE PROPERTY HEREIN DESCRIBED WHICH FALLS WITHIN THE
BOUNDARIES OF ANY ROAD OR ROADWAY.
9. THIS PROPERTY IS LOCATED WITHIN BRUSHY CREEK WATER CONTROL AND IMPROVEMENT
( CONT. ON SCH. B, PAGE 2 )
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2002 RR 230232 -N (215) /khs 3/20/2002 0230232
SCHEDULE B
DISTRICT #1 AND IS SUBJECT TO ALL RIGHTS UNDER THE LAW ACCORDED TO SUCH A
DISTRICT.
10. AN F. W.ANDEERSON AND WIFE, AMELIA GRANTED ANDRSON, RECORDED IN VOLUME COMPANY,
33,
T A RANSMISS S ION E LINES,, TOGETHER RIGHTSERECITEDETHEREIN)FOR ELECTRIC
11. AN EASEMENT DATED FEBRUARY 14 1952 GRANTED TO TEXAS POWER AND LIGHT
COMPANY BY FRANK W. ANDERSON AND AND A. KATHRYN ANDERSON RECORDED IN
FOR PLINES4 'OGET H ER E WITH S ALL I RIGHTS RECITTEDYTHEREIN) (EASEMENT
12. AN EASEMENT DATED OCTOBER 4 1971 GRANTED TO SOUTHWESTERN BELL TELEPHONE
COMPANY AND TEXAS POWER & LIGHT COMPANY BY GLENN NEANS AND WIFE CONNIE
NEANS, RECORDED IN VOLUME 544 PAGE 749 DEED RECORDS WILLIAMSON COUNTY,
TEXAS. (EASEMENT FOR ELECTRIC AND TELEPHONE, TOGETHER2 WITH ALL RIGHTS
ECITED THEREIN)
13. AN EASEMENT DATED SEPTEMBER 13 1972 GRANTED TO TEXAS POWER & LIGHT
COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY LARRY MARKERT, RECORDED
IN FOR ELECTRIC S AND A TELEPHONE, TOGETHER WITH L ALLL S RIGHTS RECITED TEXAS.
THEREIN)
14. ET AL, DATED VOLUME FEBRUARY 325 1PAGE GRANTED 21 DEED WILLIAMSON
TEXAS. (EASEMENT FOR ELECTRIC LINES, TOGETHER WITH ALL RIGHTS RECITED
THEREIN)
15. AN EASEMENT DATED FEBURARY 14 1952 GRANTED TO T. P. & L CO. BY FRED M.
ANDERSON OR, WILLIAMSONRCOUNTY ANDERSON, RECORDED RE (EASEMENT FOR VOLUME 377,
TOGETHER WITH ALL RIGHTS RECITED TEXAS.
16. ANNDERSON RECORDEDNIN 27, OLU 1957, 19GRANTED E248 T. DEED RECORDS, BY E
LLIAMSON
COUNTY, THEREIN)
(EASEMENT FOR ELECTRIC LINES, TOGETHER WITH ALL RIGHTS
17. ME
ANDERSON RECORDED IN VOL 7 GRANTED T
UME 699, GE9033 ,DEED RECOR , DS WILLIAMSONE H.
C TE XA S . (EASEMENINjOR EL AND TELEPHONE LINES, TOGETHER WITH
AL
18. AN EASEMENT DATED JUNE 20 1977, GRANTED TO TEXAS POWER & LIGHT COMPANY BY
LARRY MARKERT, RECORDED ID VOLUME 699, PAGE 907, DEED RECORDS, WILLIAMSON
( CONT. ON SCH. B, PAGE 3 )
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only I£ Schedule A
Schedule B And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER E POLICY SANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2002 RR 230232 -N (215) /khs 3/20/2002 0230232
SCHEDULE B
COUNTY, TEXAS. (EASEMENT FOR ELECTRIC AND TELEPHONE, TOGETHER WITH ALL
RIGHTS RECITED THEREIN)
Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy. together with any costs,
attorneys' lees 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 Ilse insured claimant, which were authorized by the Company up to the time
of payment and which the Company is obligated 10 pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), 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 indemnify 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',
(ii) 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 i5 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 staled 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 it subsequent to the Date of Policy
an improvement is erecled 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 of 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, 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 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 it the
amount 01 insurance under this policy was divided pro rata as to Ilse value on Date of
Policy of each separate parcel to the whole, exclusive of any improvements made
subsequent to Dale 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) 11 the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access 10 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 45 obligations with respect to that mailer and shall not be liable for
any Toss 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 therelrom, 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 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.
13 1178 -22
CONDITIONS AND STIPULATIONS — CONTINUED
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed, in which case proof of loss or
destruction shall be furnished to the satisfaction of the Company.
(5) When liability and the extent of loss or damage has Deen 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 Companys 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 10 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. 11 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 subrogatetl to these rights and remedies in the
proportion that the Company's payment bears to the whole amount of the loss.
II loss should result from any act of the insured claimant, as stated above, that act
shall not void this policy, but the Company, in that event, shall be required to pay only
that part of any losses insured against by this policy that shall exceed the amount, if
any, lost to the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's Rights Against Non - Insured Obligors.
The Company's right of subrogation against non - insured obligors shall exist and
shall include, without 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 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 Inc Tine 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 n nection with its issuance or the breach of
a policy provision or other obligation. All arbitrable matters when the Amount of
Insurance is 01,000,000 or less SHALL BE arbitrated at the request of either the
Company or the Insured, unless the insured is an individual person (as distinguished
from a corporation, trust, partnership, association or other legal entity). All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 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 state in which Inc
land is located permit a court to award attorneys' lees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, 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 01 this policy and shall
be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia
23261 -7567.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, contact the agent or write 10 the Company that issued the policy. 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 policy.
CONTROL NUMBER B11-0019515
awyers itle
Insurance (irporattopt
TEXAS OWNER
POLICY OF
TITLE INSURANCE
ISSUED BY
Lawyersltdejnsuiance poiation
HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235 -5153
A WORD OF THANKS
As we make your policy a part of our permanent
records, we want to express our appreciation of
this evidence of your faith in Lawyers Title
Insurance Corporation.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
awyers itle
Insurance @rporation
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
TOLL FREE NUMBER: 1- 800 -442 -7067