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R-02-01-24-9A1 - 1/24/2002RESOLUTION NO. R- 02- 01- 24 -9A1 WHEREAS, the City desires to purchase a 0.012 acre tract of land for additional right -of -way for the Double Creek Drive Project, and WHEREAS, Michael F. Watson, 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 Michael F. Watson, 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 24th day of Ja uary, 2e'2. ROB -S STLU , JR., 'ayor ST: CHRISTINE R. MARTINEZ, City Secret" :: ODH A\ aoamox \o, \poxVIESOLvn \xa012na1.UPD /ac City of Round Rock, Texas STATE OF TEXAS § § COUNTY OF WILLIAMSON § REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between MICHAEL F. WATSON, of P.O. Box 2067, Boulder Creek, California 95006, (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, that certain parcel of land containing approximately 0.012 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 SEVEN HUNDRED and no /100 Dollars ($700.00.) Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. 1 B PRDeskk op / WORLDOX/ O:/ WDOX/ CORR/' TRANSPRT/ DBLCREEK /WATSON /OOD1"IOJO.WPD /s1s 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: 2 @PFOe.s ktap \::OgiA /WORLDOX /0: /UDOX/ CORK/ TRANSFRT/ DBLCREEK /WATSON- 1/00017070.WPD/s1s (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. 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. 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: @r Closing Costs 3 / WORLDOX/ D:/ WDOx/ CDRR/ 7RANSPRT/ DBLCAEEE /WATS0N- 14/00017070 /s1 @PFOesk[op \ ::0 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 W0RL00010:/W000 /CORE /TRANSPRT/OBL CREEK /WATSON-M /00017070.WPD/s1s 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. 9.02. Purchaser shall, at its own cost and expense, construct two (2) concrete driveways which shall extend from the Double Creek Drive roadway to the new right of way line. The driveways shall tie into the driveways that now exist on Seller's remainder property and each shall be fourteen (14') feet in width and each shall taper down to eleven (11') feet in width at the point they tie in with the currently existing driveways. 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. 5 PPFDesk[ op\:: ODMA/ WORLrb X/ o:/ WDOX/ CORR/ TRANSPRT/ DBLCREEE /WATSON- M /00O1TO7O,WPD /sls Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage 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. 6 PPF Desktop\:: OOM A /WORLDOX /0: /WDOX /CORK/ TRANSP RT/ DBLCREEK /FATSON- H /00017O7D.WPR /,1, (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. (j) Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. PURCHASER: CITY OF ROUND ROCK, TEXAS By: Robert A. Stluka, Jr., Mayor 221 E. Main Street Round Rock, Texas 78664 Date: Gender 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. SELLER: MICHAEL F. WATSON 7 R PFDe ,ktop \::ODMA /WORLDOX /O: /WDOX /CORK /TRANSPRT /ORL CREEK /WATSON M /OOOI7O7O.WPO / Date: 1 , 2001 DATE: January 17, 2002 SUBJECT: City Council Meeting — January 24, 2002 ITEM: *9.A.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Michael F. Watson for right -of way for the Double Creek Drive project. Resource: Steve Sheets, City Attorney Julie Wolff, Legal Assistant 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: $700.00 Appraised Value: $700.00 Source of funds: Round Rock Transportation System Development Corporation Outside Resources: Sheets & Crossfield, P.C. Impact: Increased mobility in the southeast quadrant of the City. Sponsor: N/A STATE OF TEXAS § COUNTY OF WILLIAMSON § REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between MICHAEL F. WATSON, of P.O. Box 2067, Boulder Creek, California 95006, (referred to in this Contract as "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, that certain parcel of land containing approximately 0.012 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 SEVEN HUNDRED and no /100 Dollars ($700.00.) Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. 1 @ PFDeskt op\:: ODHA/ WORLDOX/ O:/ WDOX/ COHR/ TPANSPRT /DBLCREEK /WATSON M /0DD1"107 .WPD /s1s 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: 2 @ PFDesktop \��01N4A /WORLDO% /O' /WDOX/ CORK/ TRANSPRT/ DBLCREEK /WATSON-M /OOOl7O7O.WPO /sls (1) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) The aforesaid General Warranty Deed will include provisions that it is being delivered in lieu of condemnation. (d) As provided in paragraph 9.01 below, Seller is delivering to Purchaser possession of the Property as of the date of this Contract. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date relating to the Property and then due and payable, shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 3 @YF Desktop\:: OTd iA/ WORLDOX/ 0:/ WDO% /CORR /TPANSPR7 /DDLCREEK /WATSON 11/000]7070. WPD /.sls 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 @P FDeskt op \::ODMA /WORLDOX /0: /WDOx/ CORK /TRAMSPRT /ORLCPEEX /WATSON -M /0001, 0,O.WPW/s1 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. 9.02. Purchaser shall, at its own cost and expense, construct two (2) concrete driveways which shall extend from the Double Creek Drive roadway to the new right of way line. The driveways shall tie into the driveways that now exist on Seller's remainder property and each shall be fourteen (14') feet in width and each shall taper down to eleven (11') feet in width at the point they tie in with the currently existing driveways. 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. 5 OPFDesktoF\:: ODH A/ WORLPO%/ O:/ WDOX/ CORR/ TRANSPRT/ DBLCREEK /UATSON- N /00017070.WPD /sls Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage 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. 6 @ PFDesktop \::ODMA /WORLDOX /0; /wDO%/ CORK/ TRANSPRT/ OBLCREEK /wATSON- M/00017070.wPD/sIs PURC CI: OF RO ND RK, XAS BY ii�ri. A l i I �.4. Robe till a, Jr., Mal 221 E. Main Street Round Rock, Texas 78664 Date: / -02 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. Memorandum of Contract (j) Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Effective Date (k) This Contract, with the exception of Article IX shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Article IX shall be effective immediately upon the execution of this Contract by Seller. I represent that I have read and understood each of the terms and conditions of the foregoing document and by affixing my signature hereto agree to be bound thereby. SELLER: MICHAEL F. WATSON Date: 7 @PFDesktup \: :ODHA /WORLDOX /0: /WDO %/C OAR/ THA NSPAT/ DELCREEK /WATSON H /00017070.WPD/R1 , 2001 UI THE STATE OF TEXAS § 0 COUNTY OF WILLIAMSON § ,0 Z277-17NI az CL. SPECIAL WARRANTY DEED Double Creek Drive L) WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such • other property rights deemed necessary or convenient for the construction, • expansion, enlargement, extension, improvement, or operation of a portion of the proposed Double Creek Drive ( "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; 0 ( +� NOW, THEREFORE, KNOW ALL MEN HY THESE PRESENTS: That, MICHAEL F. WATSON, 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 0.012 of an acre of land, more or less, out of P.A. HOLDER SURVEY, ABSTRACT NO. 297, Williamson County, Texas, and being a portion of that certain 0.90 acre tract of land as described in Deed to Michael F. Watson, recorded in Volume 2145, Page 213, Official Records, Williamson County, Texas; said 0.012 of an acre being more particularly described by metes and bounds 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 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. 00021003. W PD 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 WITNESS WHEREOF, this instrument is executed on this the,),Ib day of C ca�c`n , 2002. State of T xms 64,4 /F12RA//i County of Willa aon - 511A17 - 74 ELAINE K. JACKSON CommlaMon 11305363 Nolary Public - Cal Ifornl `�- y Santa Cruz County +c >•a My Comm. Expires May 21.2005 PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO 00021003.WPD X !� MICHAEL F. WATSON Acknowledgment This instrument was acknowledged before me on this the .00 day of , 2002 by MICHAEL F. WATSON. CAL, Fo Notary Public, State of Tc;caa Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 Austin Title Company 101 E. Old Settler's Blvd. Suite 100 Round Rock, Texas 78664 2. 02 frrc elARou2071280 bi * *Re- record for the purpose of adding correct Exhibit A DECO 9727619 SEWER LINE EASEMENT -- LL THE STATE OF TEXAS § KNOW ALL MEN BY § (17 COUNTY OF WILLIAMSON § THESE PRESENTS: •,0 THAT MICHAEL F. WATSON, ( "Grantor "), of the County of 1-1 Williamson, State of Texas, for and in consideration of the payment Z of Ten and No /100 Dollars ($10.00), and other good and valuable N consideration, in hand paid to Grantor by BARBARA B. FORSYTHE, r, ( "Grantee "), the receipt of which is hereby acknowledged, has N GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, O SELL, and CONVEY unto the said Grantee a perpetual easement on and O through the following- described real property (the "Property "): C' d That certain tract of land described in Volume 2145, Page 213, Official Records, Williamson County, Texas, as further described in Exhibit "A ", attached hereto and incorporated herein. TO HAVE AND TO HOLD the rights and interests herein described unto the Grantee, and its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto Grantee, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof, except as to the reservations from and exceptions to conveyance and warranty.. 1. Easement Area Defined. Provided, however, that this conveyance is limited to, and shall grant the rights herein specified only as to that portion of the above - described Property and in addition thereto a temporary working easement 30 -feet wide and parallel and adjacent to both sides of said easement, during the period of construction only, both easements hereinafter referred to as the "Easement Area ". 2. Uses. Grantee shall have the right to utilize the Easement Area for the following purposes only: to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: a. A sanitary sewer line, and related equipment, if any, upon, over, under and across the Easement Area from the southwestern corner of the .50 acre tract sold to Barbara F. Forsythe by M. F. Watson and recorded in Document # 970.Sf2/ , Official Records, Williamson County, Texas, due south adjacent to the existing fence to the existing sewer line serving the duplex at 1406 Double Creek Drive. C: \T XT \MOkOW Kns / k9 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 6qi -i. DTOBEATRUEAND CORRECT COPY (, NANCY E. RISTER, County Clerk Williamson County 24 S7 SP Scale Survey plat showing a 0.012 acre tract of land in the P.A. Holder Survey, A -297, in Williamson County, Texas I Keith .,artso,.,, 7.56 AC. " = 100' - I ti 2725, Martin, W. Decker ...92 A.C. Vo . 2250, 'g. :u Sebastian; - Zarnarriga Jr. 934, 2.98 AC. . 360 1)n Bearings shown hereon are grid bearings determined by CPS RTK methods for a local plane centered near the Southeast corner of the P.A. Holder Survey. Abstract No. 297. RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. Claude F. Hinkle, Jr., a Registered Professional Land Surveyor, do hereby certify that this plot accurately represents the results of on on— the — ground survey made under my supervision during June of 2001 and is correct to the best of my knowledge • d belief. Waye L. C ens 2.46 AC L . rd. 1 :5s, Pg. ..\/ Lot 1 F orsyth e Subdivision Cab. 276 Michael F. Watson 0.90 AC. Vol. 2145, Fag. 213 0.012 AC. 510 Sq. Ft. 0.50 AC. Voi. 1326, Pg. Proposed ROW T4 71 O LINE T2 13 74 BEARING S 88'08'32" W N 01'41'56" E 5 02'33'28" E N 02'33'28" W DISTANCE 8.76' 117.96' 117.74' 7.43' LEGEND O Iron Pin Set O Iron Pin Found Field Notes Prepored • Point of i); I . Beginning •%);!; S File No.: 1043— Wotson —P Designed By: dnw Job No.: 1043 -100 Drown By: dnw Dole: June. 2001 Checked By Scale: Cyr 100' Revised: AUSTIN SURVEYORS 2105 Justin Lane #103 Austin, Texas 78757 512 -454 -8805 FIB D FELOFW OFFICIAL PUBLIC RECORDS 04-04-2002 PM 2002026163 SUSAN $19.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY. TEXAS • 3. Reservation of Grantor's Rights. It is expressly understood that Grantor, for itself and for future Owners of the Property, reserves the right to use the Easement Area for all purposes which do not interfere with or prevent its use by Grantee. In the event that Grantee, in the exercise of Grantee's rights hereunder, finds it necessary to disturb any of the surface of the land or improvements, roadways, cultivation, sprinkler systems, utility lines, or the like, Grantee shall restore them in a good, workmanlike manner, at Grantee's sole expense, to the same or better condition as before the disturbance. 4. Perpetuity. This grant of Easement is for Grantee and Grantee's assigns, successors or heirs. This easement shall be perpetual and shall run with the property described in Document No. 9705614,, as referenced above. 5. Interruption & Obstruction of Grantor's Use of the Land. The construction, inspection, repairing, maintaining, replacing, and removal of Grantee's equipment and system shall be accomplished in such a manner as not to interrupt or obstruct the use by Grantor, and its successors, of the Property once it is developed as a residential subdivision. 6. Restoration. Grantee agrees and covenants that following construction, repairing, maintaining, replacing, or removal of its sewer line, and from time to time, it will promptly restore the Easement Area to at least the condition found prior to such construction, repairing, maintaining, replacing, or removal, and to specifically restore the surface of the Easement Area herein described in a good, workmanlike manner to its natural level. 7 . Damages. Grantee covenants and agrees to repair all damages to the Property caused by Grantee's construction, maintenance, use and operations, repairing, alterations, replacements, or removal of said utility system and appurtenant facilities. GRANTOR: GRANTEE: EXECUTED this day of , 1997. MICHAEL F. WATSON BARBARA B. FORS was il` �cDTOBEA TRUE AND CORRECT COPY NANCY E. RiSTER, County Clerk Williamson County ACKNOWLEDGMENT STATE OF MWEIS e0:41#1.h4 COUNTY OF itIoLZAM9101. Cos (774- 6 2 .1 041 6 4 This was acknowledged before me on this day of Nf+Y 1997, by MICHAE 7F'. WATSON. : 6RACEBOOC otpt 1 � COMM. lam 5 �� Notary Pubic - Caltptio I WA CLARA CoUNry - .-`� comm. Evros F o4 Y6,1997 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the day of Th Y , 1997, by BARBARA B. FORSYTHE. RECORDERS MEMORANDUM All or puts of the text on this page was not clearly legible for satisfactory recordation RETURN TO: ALAMO TITLE COMPANY 1717 N. 11-1-35, SUITE 150 ROUN1Q ROCK, TX 78664 GF# g190a10Q2 -7 SUSANP.ATTERSON N:,: ,i Pu.Ai ,aa;e of Tams �Uy -;; FF.9 1. 28', ACKNOWLEDGMENT After Recording, Return to: Brown McCarroll Sheets & Crossfield, L.L.P. 309 East Main Round Rock, Texas 78664 1t tary Pub ic, State of 4texere ,AVIL "' rinted Name ,4 i4t 7 My Commission Expires: AOV z$,/�7 Notary Public, State of Printed Name: My Commission Expires: the /9' Texas 1 0 -1997 .41 :39 P.M. orded 2n cords ELL County, TX. K 0 CEffl rr1eU TO BE A TRUE AND CORRECT COPY Williamson County NANCY E. RISTER, County Clerk °7?' ' FIELD NOTES FOR 0.50 OF ONE ACRE OF LAND SAME BEING VDT OF AND A PART OF THAT CERTAIN 2.90 ACRES OF LAND KNOWN AS TRACT DUT OF TIIE REMAINING PORTION OF THAT CERTAIN TRACT OF LAND OUT! THE P.A. HOLDER SURVEY IN WILLIAMSON COUNTY, TEXAS AS DESCRIBE: AN A DEED TO LUTHER B. SMITH OF RECORD IN VOLUME S.0 AT PAGE sty OF THE DEED RECORDS OF WILLIAMSON COUNTY,,TBXAS; SAID 0.50 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, for reference, ■t an Iron pin'at the southeast corner of the sald.Smlth tract, sere being the intersection of the north line of Gettis Scheel Road end the vest line Of e County Road; THENCE, with the said west line of a County Road, N00'06'W 525.20 feet to an iron pin at the southeast corner and POINT OF •BEGINNING of this tract;• - • . •. THENCE, SB9'S4'1 158.09 feet to west corner of this tract; THENCE, N00'06'17 137.00 feet to west corner of this tract; THENCE N88'S4'8 158.09 feet to en iron pin on the afo west tine of a County Road, which point is the northeast cOrne_r of this tract; THENCE, with the said west line of ■ County Road, 800'06'8 137.08 feet to the POINT OP BEGINNING and containing 0.50 of one acre of lind. RECORDERS MEMORANDUM AN or parts of the text on this page was not clearly legible for satisfactory recordation. EXHIBIT "Af STATE OF TEXAS CG'.!NTY OF WILLIAMSON 1, ; -CC.Y E. R15 TER, COUNTY CLERK, DO 1 CERTIFY THAT TH_!SISA TRUE AND CC' ;•LC.1' COPY AS SAME APPEARS �OF RECORD s, CL'SiOOY, a' "( I s r . oc • 'ss my hand And see! of office on • NA.11 Y E. RISTER, COUNTY CLERK AMSg19 COUNTY, JEXAS Deputy • en Lton p1n at the south- en iron pin st the north- DocK 9727619 R Pages: 4 Date t 06 -23 -1997 Time : 03:19:22 P.M. Filed 8 Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 15.00 • rot.2145PAGE 214 MITES AND BOUNDS O7 0.90 ACRE 07 LAND OUT OF THE P.A. HOLDER SURREY IN CONVEYED TO LUMEN C. SMITH BY DEED NILLIANSON COUNTY. TEXAS. BEING A PORTION OF THAT CERTAIN TRACT OF THE WILLIAMSON COUNTY, TEXAS DEED OF SAID 9 ACRE OF E LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING for reference at the Intersection of the present north line If Cattle School Road and the nest line of Double Creek Drive; THENCE, with the west line of said Double Creek Drive N 00 01' 48' N 390.52 feet to an Iron pin found. for the southeast corner of the herein described tract and the POINT OF BEGINNING hereof; THENCE, N 89 24' 00' N 320.11 feet to an Iron pin found for the southwest corner hereof; THENCE, N 00 36' E 121.21 feet to an Iron pin found for the northwest corner hereof, • THENCE. N 89 54' 8 316.61 feet to en Iron pin found In the west line of Double Creek Drive for the northeast corner hereof; THENCE, with the west line of said Double Creek Drive S 00 06' 00' E 125.11 feet to the POINT OF BEGINNING and containing 0.90 acres of land sore or less. AS SURVEYED 81: - + + HARRIS SURVEYOR INC. R.P.L.8. N0. 1729 1406 NETHER AUSTIN. TEXAS 78704 DECEMBER 25, 1991 AM1:19657 J. Vi16ECTZa STATEOFTUGf COUNIYOFWNIROISON 1 bwbitWy 811 Dh M.bwed en FRED co IIth9 411.64116969.1101114 0.a M is. led en drly RECORDED In Ua Volume re Page Ye wed RECORDS el Whim= Cook Tun. U rhmptd 6enro kg ea a RECORDERS MEMORANDUt4 All or pans of the text on this page was not clearly legible for satisfactory recordation. EXHIBIT 'A' 2 5 1932 COUNTY CLERK WILLIAMSON COMM TOGS f i,Lali 1h !It0Liti_ iii OFFICIAL FUBLIC RECORDS 04 - 04 -200 02 :01 FM 2002026162 NANCY E. SUSAN $23.00 CLERK WILLIAMSON COUNTY, TEXAS ISSUED BY OWNER'S POLICY OF TITLE INSURANCE Lawyers'jitleInsurance Crporation 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 Dale of Policy shown in Schedule A against loss or damage, not exceeding the Amount of Insurance staled 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 materialmen'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 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: Texas Owner's Policy T -1 (Rev. 1 -1 -93) Cover Page Form 1178 - 22 Secretary LAWYERS TITLE INSURANCE CORPORATION By: EXCLUSIONS FROM COVERAGE 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 of expenses which arise by reason of: 1. (a) Any taw, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (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 part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmenlal regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Def ects, hens, encumbrances. adverse claims or other matters: (a) creased, suffered, assumed or agreed to by the insured claimant; (b) not known 10 the Company, not recorded in the public records al Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage That would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of unmarketability of the title. 5. Any claim which arises out of the Transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either (i) Ole transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transler 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 creasing the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the failure of such recordation to impart notice to a purchaser for value or ajudgment or lien creditor. ORIGINAL 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 lo, heirs, distributees, devisees. survivors. personal representatives, next of kin, or corporate. partnership or fiduciary successors, and specifically, without limitation, the following: (i) the successors in interest to a corporation resulting from merger or consolidation or the 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 at the general or limited partnership upon partial or complete liquidation; (iv) the successors 0 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 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. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge- With respect 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 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 (1) 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 (1) 0 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 15 adverse to the title to [Inc 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, atter the dale of the policy. the insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect 0 title to the estate or interest in Inc 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 detect is valid and not barred by law or statute. The Company shall notify the insured 0 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 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 detect from the title to the estate as insured; (ii) indemnify the insured as provided 0 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, it a mortgagee policy, Inc 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, CONDITIONS AND STIPULATIONS 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at 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 staled causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those staled causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees. costs or expenses incurred by the insured in the defense of [hose causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or 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 sale discretion, to appeal from any adverse judgment or order. (d) In all' cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals herein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the 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 (ii) in any other lawful act that in the opinion of the Company may be ne ary or desirable to estabtish the title to Inc estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters 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 swom to by the insured claimant shall be furnished to the Company within 01 days atter 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 state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters 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, al such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, it 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 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 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. continued on next page of rover sheet CASE NUMBER LAWYERS TITLE INSURANCE CORPORATION OWNER TLE INSURANCE 2001 RR 222228 -N (215) /CU SCHEDULE B DATE OF POLICY 4/ 4/2002 POLICY NUMBER This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason pf 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): VOLUME 576 PAGE 555, VOLUME 583, PAGE 244, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, government or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2002 , and subsequent years; and subsequent taxes and assessments by any 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 roperty 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 TENANTS IN POSSESSION AS TENANTS ONLY UNDER ANY AND ALL UNRECORDED LEASE AND /OR RENTAL AGREEMENTS. 0222228 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. AN EASEMENT DATED OCTOBER 7, 1940, GRANTED TO TEXAS POWER E. LIGHT COMPANY ( CONT. ON SCH. B, PAGE 2 ) Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A Schedule 13 And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATTEIOF POLICY NUMBER 2001 RR 222228 -N (215) /CU 4/ 4/2002 0222228 SCHEDULE B BY CARL GANZERT ESTATE RECORDED IN VOLUME 299 PAGE 419 DEED RECORD WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR AN ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 10. OSCARSHEBBE DATED ET AL, RECORDED VOLUME 304 TEXAS PAGE DEEDLIGHT COMPANY BY RECORDS WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR AN ELECTRIC TRANSMISSION AND /OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 11. AN EASEMENT DATED JULY 23 1976, GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY M.D.E. PURCHASING CORP., RECORDED IN VOLUME 642 PAGE 526 DEED RECORDS WILLIAMSON COUNTY TEXAS. RIGHTFOR LINE AND TELEPHONE LINE, TOGETHER 12. ESTER, ET ALL, DATED JANUARY IN 04 541, DEED B RECORDS , WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ROADWAY, TOGETHER WITH ALL RIGHTS RECITED 13. AN EASEMENT DATED APRIL 30 1986 GRANTED TO CITY OF ROUND ROCK BY PAUL M. WILLIAMSON R COUNTY E TEXAS. (EASEMENT CONS 'S'RUCTION PUBLIC UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 14. AN EASEMENT DATED FEBRUARY 5 1997, GRANTED BY MICHAEL F. WATSON FOR THE BENEFIT OF ADJOINING REAL PROPERTY, RECORDED AS DOCUMENT #970561 OFFICIAL RECORDS, IVATE UTILITY LINES, TOGETHER RECITED THEREIN) 15. FF. WATSONNTRECORDED MAY AS 6 DOCUMENT #97221181, CORRECTED C B. AND RE-RECORDED DOCUMENT #9727619, AND CORRECTED AND RE- RECORDED AS DOCUMENT #2002026162, OFFICIAL RECORDS, WILLIAMSON COUNTY TEXAS. (EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF A SANITARY SEWER LINE, 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 0222228 L 491 $ * * * * * ** *700.00 $ * ** *270.00 1000 CASE NUMBER 2001 RR 222228 -N (215) /CU LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF AMOUNT OF POLICY NUMBER POLICY INSURANCE 4/ 4/2002 $ * * * * * ** *700.00 0222228 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: BEING 0.012 OF AN ACRE OF LAND MORE OR LESS, OUT OF THE P. A. HOLDER OF ABSTRACT THATCR CERTAIN 0. 902 IN L M ACR ETRACTOFL N ANDCASDES`'CRIB, AND INDI DEED TO MICHAEL COUNTY, TEXAS; SAID 0.012 OF4AN PAGE 213, NG MOREL RECORDS, DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. AUSTIN TITLE COMPANY Countersigned By: / l./ Authoriz c untersignature Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule B Schedule A And Cover Page Are Attached GAf711;2II r r► AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE 4103 (512) 454-6605 Accompaniment for plat 1043•Watson•P FIELD NOTES FOR 0.012 ACRES a�aa 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 0.90 acre tract of land conveyed to Michael F. Watson by deed recorded in Volume 2145, Page 213 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the West right -of -way line of Doublecreek Drive on the East line of the above mentioned 0.90 acre tract for the North comer of this tract, from which point an iron pin found in the Southeast corner of the Forsythe Subdivision as recorded in Cabinet 0, Slide 276 of the Plat Records of Williamson County, Texas, and in the Northeast comer of the said 0.90 acre tract bears N 02 °33'28" W 7.43 feet. THENCE S 02 °33'28" E 117.74 feet to an iron pin set in Northeast comer of a 0.50 acre tract of land conveyed to Wayne L. Childers by deed recorded in Volume 1326, Page 596 of the above mentioned Deed Records, in the Southeast comer of the said 0.90 acre tract for the Southeast corner of this tract. THENCE S 88 °08'32" W 8.76 feet to an iron pin set on the North line of the above mentioned 0.50 acre and the South line of the said 0.90 acre tract for the Southwest comer of this tract. THENCE N 01 °41'56" E 117.96 feet to the POINT OF BEGINNING containing 0.012 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. Claude . Hinkle, Jr. R.P.L.S. No. 4629 Date 24. _40 7 r 1043 - rowded.doc RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation. Survey plat showing a 0.012 acre tract of land in the P.A. Holder Survey, A-297, in Williamson County, Texas Scale 1" = 100' Hartin W. Decker 2.92 AC. V. 2250, Pg. 105 Sebastian Zarnarripa, ir. 2.8 AC. \lot. 921., Pg. 290 Keith itartsocit 0.0 AC. Vot. 2725, Pg. 859 T4 Michael F. Watson 0.90 AC. Vol. 2145, Pag. 213 0.012 AC. 510 Sq. Ft. D.50 AC. Voi. 1329, 1 1.Iaye L. Pg. 599 Chi; ers 2.1.9 AC. Eliocil A Lot 1 Forsythe Subdivision :ab. 0, SL, 27E3 Proposed ROW 11 0 [itrjq ROW o 4 11 — -) a) 0 \ 0 - (0) 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 (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' tees 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 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 tor 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 Inc insured claimant who has suffered loss or damage by reason 01 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 is required to furnish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations. (b) In the event the Amount of Insurance slated 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 Inc land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy Is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Dale 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' 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, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. B. 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 of insurance under this policy was divided pro rata as to the value on Date of Policy 01 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 01 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 takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including lineation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until [here has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' lees and expenses, shall reduce the amount of the insurance pro tanto. 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. B 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 been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant, The Company shall be subrogated to and be entitled to all rights and remedies that the insured claimant would have had against any person or property 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. II a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion that the Company's payment bears to the whole amount of the loss. 11 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 Tosses 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, Omer 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 the Title Insurance Arbitration Rules or the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or Tess 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 01 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 Me option of the insured, the Rules in effect at Dale of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court [0 award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) 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 lull force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261.7567, COMPLAINT NOTICE. Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that issued the policy. 11 the problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 76714 -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 B11-001948 4, Jtvyerst1e Insurance Crporation TEXAS OWNER POLICY OF TITLE INSURANCE ISSUED BY laluyersTideInsurance Coporanon Home OFFI 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 lawyers 1de Insurance @rporation 7557 Rambler Road, Suite 1200 Dallas, Texas 75231 TOLL FREE NUMBER: 1 -800- 442 -7067