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R-02-01-24-9A2 - 1/24/2002RESOLUTION NO. R- 02- 01- 24 -9A2 WHEREAS, the City desires to purchase a 0.387 acre tract of land for additional right -of -way for the Double Creek Drive Project, and WHEREAS, Wayne L. Childers and wife, Jane Childers, the owners of the property, have 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 Wayne L. Childers and wife, Jane Childers, 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 Jan AT T: City of Round Rock, Texas i/-4 1. % / il.AJAJA, CHRISTINE R. MARTINEZ, City Secre .: ODMA\ WORLDO X \O: \"DO \REROLDTI \R2o129A2. MPD / ec er4 04,41 ROB �A. STLUKA, JR., yor THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT OF SALE ( "Contract ") is made by and between WAYNE L. CHILDERS, and wife JANE CHILDERS (collectively 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. Purchaser has previously threatened condemnation of the Property (described below.) Under threat of condemnation, Seller agrees to convey the Property to Purchaser, and this Contract sets forth the terms and provisions of such sale in lieu of condemnation. Hounon 019015/00000 640538 v RED REAL ESTATE CONTRACT RECITALS ARTICLE I PURCHASE AND SALE 1 EXHIBIT " By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, a parcel of land situated in Williamson County, Texas, being more particularly described as follows: 0.387 acre tract as 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 One - Hundred Three Thousand, Four Hundred thirty -one and 50/100 Dollars ($103,431.50). Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within ten (10) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused Austin Title Company (the "Title Company ") of 101 E. Old Settlers Blvd. Suite #100, Round Rock, Texas 78664, to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of three (3) days after Purchaser receives the updated Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller may (but shall not be obligated to) attempt to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller has not done so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. The closing shall be held at the Title Company on or before 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 "). 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, Hoouon 014015MM00 640538 v RED ARTICLE IV CLOSING Seller's Obligations 2 conditions, easements, assessments, and restrictions, except for the following: General real estate taxes for the year of closing and subsequent years not yet due and payable; Any exceptions approved (or deemed approved) by Purchaser pursuant to Article III hereof; and 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) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the purchase price in cash. 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. 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; Houston 010015/00000640518 ? EED Closing Costs 3 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 One Thousand and no /100 Dollars ($1,000.00), 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 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 V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. Purchaser will be solely responsible for all real estate brokerage commissions due to any brokers representing the Purchaser. HoumonOI4o]5 /o0000640538 , ,RED ARTICLE VI ESCROW DEPOSIT ARTICLE VII BREACH BY SELLER 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, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract (in which case Purchaser shall be deemed to have agreed to accept title to the Property subject to all matters of record); or (2) terminate this Contract in which event the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser and neither party hereto shall have any further rights, duties or obligations one to the other hereunder (except as provided for in Section 9.01 below). ARTICLE VIII BREACH BY PURCHASER 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) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the 4 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 PROVISION As part of the roadway construction project for which the Property is needed, Purchaser agrees to provide two forty -five foot access driveways to Seller's remaining property, one located on Gattis School Road and the other located on Doublecreek Drive. Such driveways will be located and constructed in accordance with the applicable ordinances and regulations of the City of Round Rock. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01. (a) This Contract may not be assigned without the express written consent of Seller. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by FedEx or other similar delivery service or 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 (c) 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 (d) 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. Houston 014015/00000640538 v RED 5 Houston 014015 /000OD 640$35 v RED Legal Construction (e) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded (f) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (g) Time is of the essence in this Contract. Gender (h) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Effective Date (i) This Contract, with the exception of Article IX, shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Article IX shall be effective upon the execution date of this Contract by Seller, said date appearing below their respective signatures. 1v im WAYN$I L. CHILDERS Date: VµAA7 // , 2002 6 Houston 014015/00000 640538 v RED PURCHASER: CITY OF ROUND ROCK, TEXAS By: Robert A. Stluka, Jr., Mayor 221 E. Main Street Round Rock, Texas 78664 Date: 2002 7 AUSTIN SURVEYORS P.O. BOX 180243' AUSr1N, TEXAS 78713 2105 JUSTIN LANE 8103 (512) 454 -605 Accompaniment f pIrt1043.Childm -P FIELD NOTES FOR 0387 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 2.46 acre tract of land conveyed to Wayne L. Childers by deed recorded in Volume 1358, Page 93 of the Deed Records of Williamson County, Texas, and part 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 and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the North right-of -way line of Gattis School Road in the Southeast comer of a 2.98 acre tract of land conveyed to Sebastian Zamarripa, Sr, by deed recorded in Volume 934, Page 360 of the said Deed Records, for the Southwest comer of the above mentioned 2.46 acre tract and the Southwest comer of this tract THENCE N 01 ° 51'28" W with the East line of the above mentioned. 2.98 acre tract and the West line of the said 2.46 acre tract 18.07 feet to an iron pin set for the West comer of this tract. THENCE N 83°36'50" E 73.43 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 2450,00 feet and a central angle of 04 ". THENCE with the arc of the said curve 191.64 fbet the long chord of which bears N 85 ° 51'17" E 191.59 feet to an iron pin set in the PT of the said curve and the PC of a curve to the left said curve having a radius of 30.00 feet and a central angle of 90 ° 06'46 ". THENCE with the arc of the said curve 47.18 feet the long chord of which bears N 43 °02'21 "E 42.47 fed to an iron pin set in the PT of the said curve. THENCE N 02 ° 01'02" W 112.90 fed to an iron pin set in the PC of a curve to the right said curve having a radius of 170.80 feet and a central angle of 17 °02'32 ". THENCE with the arc of the said curve 50.80 fed the long chord of which bears N 06°30'14" E 50.62 fed to an iron pin set in the PT of the said curve and the PC of a curve to the left said curve having a radius of 170.80 fed and a central angle of 17 ° 02'32 ". THENCE with the arc of the said curve 50.80 feet the long chord of which bears N 06 E 50.62 feet to an iron pin set in the PT of the said curve. - - THENCE N 02 °01'02" W 50.00 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 1050.00 fed and a central angle of 03 °42'58 ". THENCE with the arc of the said curve 68.10 feet the long 'chord of which bears N 00 °09'33" W 68.09 feet to an iron pin set in the PT of the said curve. THENCE N 01 °41'56" E 7.30 feet to an iron pin set on the South line of a 0.90 acre tract of land conveyed to Michael F. Watson by deed recorded in Volume 2145, Page 213 of the said Deed Records and on the North line of the-above mentioned 0.50 acre tract for the Northwest comer of this tract THENCE N 88 ° 08'32" E 8.76 fed to an iron pin set on the West right-of-way line of Doublecreek Dr. in the Southeast comer of the above mentioned 0.90 acre tract and the Northeast comer of the said 0.50 acre tract for the Northeast comer of this tract. THENCE S 02°33'28" E with the West right -of -way line of Doublecreek Dr. 400.03 fed to an iron pin set on the North- right-of-way line of Gattis School Road in the Southeast comer of the said 2.46 acre tract for the Southeast comer of this tract. 0.387 Acres THENCE S 88°08'32" W 325.00 feet to the POINT OF BEGINNING containing 0.387 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. ./t,a(or Claude Hinkle, Ir. R.P.L.S. No. 4629 Date 2 G fan O/ 1043- rowdeddoc Page 2 of 2 LINE BEARING DISTANCE 01 N01•51'28"W 18.07' T2 683'36'50 '0 73.43' 03 NO2'01'02'W 112.90' T4 No2-01.02'W 50.00' T5 NO1'41'56 "E 7.30' T6 Ne8'08;321 8.76' Survey plat showing a 0.387 acre tract of land in the P.A. Holder Survey, A-297, in Williamson County, Texas -r 0.50 AC. Scale 1" = 100' I Vol. 1326, Pg. 596 WaineL` — — Childers Sebastian ramarripa, Jr. 2.98 AC. Vol. 934, Pg. :liiti Point of Beginning The easement recorded in Volume 642. Page 526 may affect this trod but cannot be located due to poor description. No research hos been done to identify other recorded o r unrecorded easements that offect this tract. Bearings shown hereon are grid bearings determined by GP5 RTK methods for o local plane centered near the Southeast corner of the P.A. Holder Survey, Abstract No. 297. I. Cloude F. Hinkle, Jr.. o Registered Professional Land Surveyor, do hereby certify that this plot aecurotely represents the results of a n on-the-ground survey made under my supervision during June of 2001 and is correct to the best of my knowledge and belief. Michael F. Watson 0.91) .AC. Vol. "211.5 Fag. 213 CURVE C1 RAMS 2450.00' DELTA ANGLE 04'28'54' ARC LENGTH 191.64' C2 C3 C4 C5 30.00' 170.80' 17480' 1050.00 90'06'46' 1 7'02'32" 47.18' 50.80' 17'02'32" 03'42'58" 50.80' 68.10' CHORD. LENGTH 197.59' 42.47' 50.62' 50.62' 68.09' CHORD BEARNG 695•51'17 643 N06'J0'7 • 606 14'E N99'09 2.46 AC. Vol. 1358, Pg. 93 Proposed R0W Fik No.: 1043 - Childers -P Job No 1043 -100 Dole: June. 2001 Scale: o co co N LEGEND 0 Iron Pin Set Iron Pin Found Field Notes Prepared Designed By do Dro n By: dn. Checked B,- Revised: Proposed ROW L 58,30/332'0, 325.00' Existing ROW Goths School Rood ( ROW Varies) I AUSTIN SURVEYORS V 2105 ln. in SURVEYORS I7LOJ Austin, 00 L, 78757 512- 454 -8805 DATE: January 17, 2002 SUBJECT: City Council Meeting — January 24, 2002 ITEM: *9.A.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Wayne L. Childers and wife, Jane Childers for right of way for the Double Creek 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. The difference of $6,437.50 between the appraisal and the contract is for the well that will no longer be able to be used and for replacing his fence. Funding: Cost: $103,431.50 Appraised Value: $96,994 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 THE STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT ORIGINAL THIS CONTRACT OF SALE ( "Contract ") is made by and between WAYNE L. CHILDERS, and wife JANE CHILDERS (collectively 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. RECITALS Purchaser has previously threatened condemnation of the Property (described below.) Under threat of condemnation, Seller agrees to convey the Property to Purchaser, and this Contract sets forth the terms and provisions of such sale in lieu of condemnation. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, a parcel of land situated in Williamson County, Texas, being more particularly described as follows: 0.387 acre tract as 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. Houston 014015/00000 670538 v RED ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of One Hundred Three Thousand, Four Hundred thirty -one and 50/100 Dollars ($103,431.50). 1 2.02. The Purchase Price shall be paid in cash at the closing. 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject 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). 3.02. Within ten (10) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused Austin Title Company (the "Title Company ") of 101 E. Old Settlers Blvd. Suite #100, Round Rock, Texas 78664, to issue an updated preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of three (3) days after Purchaser receives the updated Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller may (but shall not be obligated to) attempt to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller has not done so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. The closing shall be held at the Title Company on or before 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 "). 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, Houston 014015/00000 640538 v RED Payment of Purchase Price ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations Preliminary Title Commitment ARTICLE IV CLOSING Seller's Obligations 2 conditions, easements, assessments, and restrictions, except for the following: General real estate taxes for the year of closing and subsequent years not yet due and payable; Any exceptions approved (or deemed approved) by Purchaser pursuant to Article III hereof; and 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) Deliver to Purchaser possession of the Property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the purchase price in cash. 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. Duuslon 019015 /00000 6GOS38 v RED Prorations 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: 1. Owner's Title Policy paid by Purchaser; 2. Filing fees for deed paid by Purchaser; 3 ARTICLE V REAL ESTATE COMMISSIONS Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. Purchaser will be solely responsible for all real estate brokerage commissions due to any brokers representing the Purchaser. ARTICLE VI ESCROW DEPOSIT 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 One Thousand and no /100 Dollars ($1,000.00), 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 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 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, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract (in which case Purchaser shall be deemed to have agreed to accept title to the Property subject to all matters of record); or (2) terminate this Contract in which event the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser and neither party hereto shall have any further rights, duties or obligations one to the other hereunder (except as provided for in Section 9.01 below). ARTICLE VIII BREACH BY PURCHASER 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) receive the Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for the Houston 014015/00000640538 v RED 4 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 PROVISION As part of the roadway construction project for which the Property is needed, Purchaser agrees to provide two forty -five foot access driveways to Seller's remaining property, one located on Gattis School Road and the other located on Doublecreek Drive. Such driveways will be located and constructed in accordance with the applicable ordinances and regulations of the City of Round Rock. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01. (a) This Contract may not be assigned without the express written consent of Seller. Notice (b) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by FedEx or other similar delivery service or 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. Houston 014015 /00000 540539 v RED Texas Law to Apply (c) 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 (d) 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. 5 (e) 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. (f) 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 (g) Time is of the essence in this Contract. Gender (h) 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. HousIon 016015/00000 64 0535 v RED Legal Construction Prior Agreements Superseded Effective Date (i) 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 upon the execution date of this Contract by Seller, said date appearing below their respective signatures. SELL R: WAYNEVL. CHILDERS J`1!E CHILDERS Date: 1/ , 2002 6 Houston 014015/00000690538 v RED PURCHASER: Date: 221 E. Main Street Round Rock, Texas 78664 7 / 1 1 — , 2002 AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE #103 (512) 454.66605 Acc°mpenimud for plat 1043-Childers-P FIELD NOTES FOR 0.387 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 2.46 acre tract of land conveyed to Wayne L. Childers by deed recorded in Volume 1358, Page 93 of the Deed Records of Williamson County, Texas, and part 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 and being more particularly described by metes and bounds as follows: BEGINNING at an iron, pin set on the North right -of -way line of Gattis School Road in the Southeast comer of a 2.98 acre tract of land conveyed to Sebastian Zamarripa, Jr. by deed recorded in Volume 934, Page 360 of the said Deed Records, for the Southwest corner of the above mentioned 2.46 acre tract and the Southwest corner of this tract. THENCE N 01 °51'28" W with the East line of the above mentioned 2.98 acre tract and the West line of the said 2.46 acre tract 18.07 feet to an iron pin set for the. West corner of this tract. THENCE N 83°36'50" E 73.43 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 2450.00 feet and a central angle of 04 °28'54 ". THENCE with the arc of the said curve 191.64 feet the long chord of which bears N 85 ° 51'17" E 191.59 feet to an iron pin set in the PT of the said curve and the PC of a curve to the left said curve having a radius of 30.00 feet and a central angle of 90 °06'46 ". THENCE with the arc of the said curve 47.18 feet the long chord of which bears N 43°02'21"E 42.47 feet to an iron pin set in the PT of the said curve. THENCE N 02 °01'02" W 112.90 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 170.80 feet and a central angle of 17 °02'32 ". THENCE with the arc of the said curve 50.80 feet the long chord of which bears N 06°30'14" E 50.62 feet to an iron pin set in the PT of the said curve and the PC. of a curve to the left said curve having a radius of 170.80 feet and a central angle of 17 °02'32". THENCE with the arc of the said curve 50.80 feet the long chord of which bears N 06°30'14" E 50.62 feet to an iron pin set in the PT of the said curve. THENCE N 02 °01'02" W 50.00 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 1050.00 feet and a central angle of 03 °42'58 ". THENCE with the arc of the said curve 68.10 feet the long chord of which bears N 00 °09'33" W 68.09 feet to an iron pin set in the PT of the said curve. THENCE N 01 °41'56" E 7,30 feet to an iron pin set on the South line of a 0.90 acre tract of land conveyed to Michael F. Watson by deed recorded in Volume 2145, Page 213 of the said Deed Records and on the North line of the -above mentioned 0.50 acre tract for the Northwest comer of this tract. THENCE N 88 °08'32" E 8.76 feet to an iron pin set on the West right-of-way line of Doublecreek Dr. in the Southeast corner of the above mentioned 0.90 acre tract and the Northeast comer of the said 0.50 acre tract for the Northeast comer of this tract. THENCE S 02 °33'28" E with the West right -of -way line of Doublecreek Dr. 400.03 feet to an iron pin set on the North right -of -way line of Gattis School Road in the Southeast corner of the 'said 146 acre tract for the Southeast comer of this trail, 0.387 Acres THENCE S 88 °08'32" W 325.00 feet to the POINT OF BEGINNING containing 0.387 acres of land, more or less. If, 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 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. -/ded# Claude!' Hinkle, Jr. R.P.L.S. No. 4629 Date 2G ,Juno/ 1043- rawded.doc Page 2 of 2 CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD LENGTH CHORD BEARING C1 2450.00' 04'28'54" 191.64' 191.59' N85'51'17 "E C2 30.00' 90'06'46" 47.18' 42.47' N43'02'21 "E C3 170,80' 17'02'32" 50.80' 50.62' N06'30'1 "E N06'30'141 C4 170.80' 17'02'32" 50.80' 50.62'. C5 1050.00' 03'42'58" 68.10' 68.09' N00'09'33'W Survey plat showing a 0.387 acre tract of land in the P.Ae Holder Survey, A -297, in Williamson County, Texas Sebastian Z ;mar r ipa Vol. 93h Pg. 780 Point of Beginning Bearings shown hereon are grid bearings determined by GPS RTI( methods for o .local plane centered near the Southeast corner of the P.A. Holder Survey. Abstract No. 297. Michael F. Watson Vol. 214 , Pa 213 Scale 1 = 1 00' Vol 50 1326, Pg. 596 Waine Childers The easement recorded in Volume 642. Page 526 may offect this troct but cannot be located due to poor description. No research has been clone to identify other recorded or unrecorded easements that affect this tract 1, 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 and belief. S88'08'32'W 325.00' Existing ROW Gattis School Road ( ROW Varies) 2.46 AC. Vol. 1358, Pg. 93 Proposed ROW File No.: 1043 - Childers -P Job No.: 1043 -100 Dote: June. 2001 Scale: 1 "= 100 ;0 O I K 2: n L:7 I O ` •_ ( 4J • O I 177 I I v tt3 • :I -r G Proposed ROW a LINE T1 12 T3 14 T5 T6 BEARING NO1'51 N83'36'50 "E NO2'01'02 - 8 NO2'01'02'W N0l'41'561 N88•08'32 ° E DISTANCE 18.07' 73.43' 112.90' 50.00' 7.30' 8.76' LEGEND O Iron Pin Set • Iron Pin Found Field Notes Prepared L� bevened By: d Drown By: dnw Checked By: Revised: AUSTIN SURVEYORS 2105 Justin Lane #103 Austin, Texas 78757 512 -454 -8805 QI THE STATE OF TEXAS § a § COUNTY OF WILLIAMSON § • 02 Mt, fxtok 2-71, (1-' " I 74S/SP 00022128.WPD SPECIAL WARRANTY DEED Double Creek Drive In WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such N property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of rl the proposed Double Creek Drive ( "Project "); and, Q 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; N NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, WAYNE L. CHILDERS and wife, JANE L. CHILDERS, 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 0.387 of an acre of land, more or less, out of the P. A. HOLDER SURVEY, ABSTRACT NO. 297, Williamson County, Texas, and being a portion of that certain 0.50 acre tract of land as described in Deed to Wayne L. Childers, recorded in Volume 1326, Page 596, Official Records, Williamson County, Texas, and also being a portion of that certain 2.46 acre tract of land as described in Deed to Wayne L. Childers, recorded in Volume 1358, Page 93, Official Records, Williamson County, Texas; said 0.387 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 o.2-Of- .2y -9,9a 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 WITNESS WHEREOF, this instrument is executed on this the O day of 00022128.W PD , 2002. SUSAN PATFERSON MY COMMISSION EXPIRES February 1, 2004 AFTER RECORDING RETURN TO: WA E L. CHILDERS Acknowledgment NE L. CHILDERS State of Texas County of Williamson /y This instrument was acknowledged before me on this the day of filnk.C"H , 2002 by WAYNE L. CHILDERS and wife, JANE L. CHILDERS. kla Notary Public, State of Texas 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. EXHIBIT A AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE 0103 (512) 454 -6605 Accompaniment fur plat 1043Childers.p FIELD NOTES FOR 0.387 ACRES as a?7 - -iv 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 2.46 acre tract of land conveyed to Wayne L. Childers by deed recorded in Volume 1358, Page 93 of the Deed Records of Williamson County, Texas, and part 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 and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the North right -of -way line of Gattis School Road in the Southeast corner of a 2.98 acre tract of land conveyed to Sebastian Zamarripa, Jr, by deed recorded in Volume 934, Page 360 of the said Deed Records, for the Southwest comer of the above mentioned 2.46 acre tract and the Southwest corner of this tract. THENCE N 01 °51'28" W with the East line of the above mentioned 2.98 acre tract and the West line ofthe said 2.46 acre tract 18.07 feet to an iron pin set for the West comer of this tract. THENCE N 83 °36'50" E 73,43 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 2450.00 feet and a central angle of 04 °28'54 ". THENCE with the arc of the said curve 191,64 feet the long chord of which bears N 85°51'17" E 191.59 feet to an iron pin set in the PT of the said curve and the PC of a curve to the left said curve having a radius of 30.00 feet and a central angle of 90 °06'46 ". THENCE with the arc of the said curve 47.18 feet the long chord of which bears N 43 °02'21 "E 42.47 feet to an iron pin set in the PT ofthe said curve. THENCE N 02 °01'02" W 112.90 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 170.80 feet and a central angle of 17 °02'32 ". THENCE with the arc of the said curve 50.80 feet the long chord of which bears N 06°30'14" E 50.62 feet to an iron pin set in the PT of the said curve and the PC of a curve to the left said curve having a radius of 170.80 feet and a central angle of 17 °02'32 ". THENCE with the arc of the said curve 50.80 feet the long chord of which bears N 06°30'14" E 50.62 feet to an iron pin set in the PT of the said curve. THENCE N 02 °01'02" W 50.00 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 1050.00 feet and a central angle of 03 °42'58 ". , THENCE with the arc of the said curve 68.10 feet the long chord of which bears N 00 °09'33" W 68.09 feet to an iron pin set in the PT ofthe said curve. THENCE N 01 °41'56" E 7.30 feet to an iron pin set on the South line of a 0.90 acre tract of land conveyed to Michael F. Watson by deed recorded in Volume 2145, Page 213 of the said Deed Records and on the North line of the- .above mentioned 0.50 acre tract for the Northwest comer of this tract. THENCE N 88 °08'32" E 8.76 feet to an iron pin set on the West right-of-way line of Doublecreek Dr. in the Southeast comer of the above mentioned 0.90 acre tract and the Northeast comer of the said 0.50 acre tract for the Northeast corner of this tract. THENCE S 02 °33'28" E with the West right -of -way line of Doublecreek Dr. 400.03 feet to an iron pin set on the North right -of -way line of Gattis School Road in the Southeast corner of the said 2.46 acre tract for the Southeast comer of this tract. 0.387 Acres THENCE S 88 °08'32" W 325.00 feet to the POINT OF BEGINNING containing 0.387 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional tend Sbrveyor, do hereby certify that these field notes were prepared from an on- the -ground survey made wider my supervision during May of 2001 and are correct to the best of my knowledge and belief. These field mates were prepared for 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. -Ztd Claude Hinkle, Jr. R.P.L.S. No. 4629 Date 1043- rowded.doc Page 2 of 2 CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD LENGTH CHORD BEARING C1 2450.00' 0 191.64' 191.59' N85'51`17 'E C2 30.00' 90'06'46" 47,18' 42.47' N43'02'211. C3 170,80' 17 50.80' 50.62' N06•30'14E C4 170.80' 17'02'32" 50.80' 50.62' N06'30'14 E C5 1050.00' 03'42'58" 68.10' 68.09' NO0'09'3311 Survey plat showing a 0.387 acre tract of land in the P.A. Holder Survey, A -297, in Williamson County, Texas — T . 0.50 AC. Scale 1 " = 1 00' Vol. 1326, Pg. 596 Wain L._ — Chilaaers Sebastian Zamarripa, Jr. 2,98 'AC. Vol. 924, P.. 280 tECORDERS MEMORANDUM All or pans of the text on this page was not dearly legible for satisfactory recordation. Point of Beginning gG Beorings 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. 1, Cloude F. Hinkle. Jr., o Registered Professional Lond Surveyor, do hereby certify that this plot accurately represents the results of on on- the - ground survey mode under my supervision during June of 2001 and is correct to the best of my knowledge and belief. Michael F. VVatson 0.90 AC. Vol. 2145 f::g 213 2.46 AC. Vol. 1358, Pg. 93 Proposed ROW The easement recorded in Volume 642, Page 526 may affect this trod but cannot be located due to poor description. No research has been done to identify other recorded or unrecorded easements that affect this tract. Job No.: 1043 -100 Oats June, =001 Scale: 1'. 10 S8008'32 "W 325.00' _ E>rsting ROW Gattls School Road ( ROW Varies) LEGEND L O Iron Pin Set 0 Iron Pin Found Field Notes Prepored rile No 1043 - Ch1lders -P Designed By do Drown 6y: dnw Checked By: Revised: Proposed ROW LINE T1 T2 T3 T4 T5 T6 BEARING N01'51'28 "W N83'36'50 "E NO2'01'02"W NO2'01'02'W N01'41 "E N88'08'32 "E DISTANCE 18.07' 73.43' 112.90' 50.00 7.30' 8.76' AUSTIN SURVEYORS 2105 Justin Lane #103 Austin, Texas 78767 612 -454 -8805 somouvaZY FILED AND RECORDED - OFFICIAL PUBLIC RECORDS 03- 13- 2002 AM 2002019875 SUSIE $19.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS f zz--- PARTIAL RELEASE OF LIEN COUNTY AMIC NO.871859 a Date: March , 2002 Note: Date: March 11, 1986 Original Amount: $72,000.00 r +� Maker: WAYNE L. CHILDERS �1 Payee: UNITED AUSTIN MORTGAGE COMPANY 0 Date of Maturity: as therein provided Holder of Note and Lien: ATLANTIC MORTGAGE & INVESTMENT CORPORATION Holder's Mailing Address (including county): ATLANTIC MORTGAGE & INVESTMENT CORPORATION 1 ,1 1O W,F, .721'1 ,.4zr; / Note and Lien are Described in the Following Documents, Recorded in: Vendor's lien retained in Warranty Deed dated March 11, 1986, executed by M.D.E. PURCHASING COMPANY, a Texas corporation, to WAYNE L. CHILDERS, recorded in Volume 1326, Page 596, Official Records, Williamson County, Texas, securing the payment of a note of even date therewith in the principal sum of $72,000.00, payable to UNITED AUSTIN MORTGAGE COMPANY; said note being additionally secured by a Deed of Trust of even date therewith to Gene T. Chiles, Trustee, recorded on March 17, 1986, in Volume 1326, Page 598, Official Records, Williamson County, Texas. Said lien having been subsequently transferred to ATLANTIC MORTGAGE & INVESTMENT CORPORATION, by instrument dated November 20, 1998, to be effective November 16, 1998, recorded in Document No. 9871752, Official Records, Williamson County, Texas. Property (including any improvements) Subject to Lien: BEING 0.387 of an acre of land, more or less, out of the P. A. HOLDER SURVEY, ABSTRACT NO. 297, Williamson County, Texas, and being a portion of that certain 0.50 acre tract of land as described in Deed to Wayne L. Childers, recorded in Volume 1326, Page 596, Official Records, Williamson County, Texas, and also being a portion of that certain 2.46 acre tract of land as described in Deed to Wayne L. Childers, recorded in Volume 1358, Page 93, Official Records, Williamson County, Texas; said 0.387 of an acre being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. Holder of the note and lien acknowledges its partial payment and releases only the property described above from the lien and from all liens held RFETLENAS ENDOET IITGI1'FXNRVI,ORAGE'1NI \TEMPORARY INTERNET FI LES \0LK4 \CORR- TRANSPRT CHILDERS - PRL 100022132). WPD /RR by Holder of the note and lien without regard to how they were created or evidenced. Holder of the note and lien expressly releases all present and future rights to establish or enforce the lien against the above described property as security for the payment of any future or other advances. When the context requires, singular nouns and pronouns include the plural. WI _rte /, ococ •enee F. ,n•ersonl,itle: STATE OF Florida COUNTY OF Duval PREPARED IN THE OFFICE OF: ATLANTIC MORTGAGE & INVESTMENT CORPORATION GS By: Printed : e: Sue Igers Assistant Vice Presidei€ - ACKNOWLEDGMENT This instrument was acknowledged before me on this thel9th day of March , 2002 by Sue Wagere ,Asst. Vire Pray of ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a F1nrira corporation, on behalf of said corporation. Notary Public, State of *TWO- Printed Name: My Commission Expires: ®. etha 'f • d,L L. Sheets & Cross ie l 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Austin Title Company 101 E. Old Settler's Blvd. Suite 100 Round Rock, Texas 78664 1?ART,d+33IaNDF ELEA n.` RvQECAlLIEN EAG NT2NET FILE OLK4\ COAA -IRAN n- DBLCREE1,.nmRS -PAL 1000221320.320/k, Bethany D. Royal MYCOMMISSIONO DROSSO6 WINS Septet:o1 1005 BONDED 711N1 nMrne y e w I Net WAKE INC EXHIBIT A AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78725 2105 JUSTIN LANE 11103 (512) 4546605 Accompaniment for p let 1043.Childa, -P FIELD NOTES FOR 0.387 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 2.46 acre tract of land conveyed to Wayne L. Childers by deed recorded in Volume 1358, Page 93 . of the Deed Records of Williamson County, Texas, and part 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 and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the North right -of -way line of Gattis School Road in the Southeast corner of a 2.98 acre tract of land conveyed to Sebastian Zamarripa, Jr. by deed recorded in Volume 934, Page 360 of the said Deed Records, for the Southwest corner of the above mentioned 2.46 acre tract and the Southwest corner of this tract. THENCE N 01 ° 51'28" W with the East lino of the above mentioned. 2.98 acre tract and the West line of the said 2.46 acre tract 18.07 feet to an iron pin set for the West corner of this tract. THENCE N 83 E 73.43 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 2450.00 feet and a central angle of 04 ° 28'54 ". THENCE with the arc of the said curve 191.64 feet the long chord of which bears N 85 °51'17" E 191.59 feet to an iron pin set in the PT of the said curve and the PC of a curve to the left said curve having a radius of 30.00 feet and a central angle of 90 ° 06'46 ". THENCE with the arc of the said curve 47.18 feet the long chord of which bears N 43°02'21"E 42.47 feet to an iron pin set in the PT of the said curve. THENCE N 02 °01'02" W 112.90 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 170.80 feet and a central angle of 17 °02'32 ". THENCE with the arc of the said curve 50.80 feet the long chord of which bears N 06°30'14" E 50.62 that to an iron pin set in the PT of the said curve and the PC. of a curve to the left said curve having a radius of 170.80 feet and a central angle of 17°02'32 ". THENCE with the arc of the said curve 50.80 feet the long chord of which bears N 06 E 50.62 feet to an iron pin set in the PT of the said curve. THENCE N 02 W 50.00 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 1050.00 feet and a central angle of 03 ° 42'58". . THENCE with the arc of the said curve 68.10 feet the long chord of which bears N 00 °09'33" W 68.09 feet to an iron pin set in the PT of the said curve. THENCE N 01 ° 41'56" E 7.30 feet to an iron pin set on the South line of a 0.90 acre tract of land conveyed to Michael F. Watson by deed recorded in Volume 2145, Page 213 of the said Deed Records and on the North line of the -above mentioned 030 acre tract for the Northwest corner of this tract. THENCE N 88 ° 08'32" E 8.76 feet to an iron pin set on the West right -of -way line of Doublecreek Dr. in the Southeast comer of the above mentioned 0.90 acre 'track and the Northeast comer of the said 0.50 acre tract for the Northeast comer of this tract. THENCE S 02°33'28" E with the West right- of-way line of Doublecreek Dr. 400.03 feet to an iron pin set on the North right-of- -way line of Gattis School Road in the Southeast corner of the said 2,46 acre tract for the Southeast corner of this tract. 0.387iAcres THENCE S 88°08'32" W 325.00 feet to the POINT OF BEGINNING containing 0.387 acres of land, more or less. [, 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. -4Pd,?,V4 Claude . Hinkle, Jr. R.P.L.S. No. 4629 z4.Jrrpo Date lO43•rowded.doc Page 2 0l Survey plat showing a 0.387 acre tract of land in the P.A. Holder Survey, A-297, in Williamson County, Texas Scale 1" = 1 00' Sebastian amarripa, Jr. Vol. 934, P .: o RECORDERS MEMORANDUM I All or parts of the text on this page was not clearly legible for satisfactory recordation. Point of Beginning Bearings shown hereon are grid bearings determined by GPS RTK methods for a.locol plane centered near the Southeast corner of the P.A. Holder Survey, Abstract No. 297. Claude F. Hinkle. Jr., o Registered . Professional Lond 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 and belief. Michael F. Watson 0.90 . o.. : 14 ,, i ) ag. 21 • tel 0.50 O to .. _ 0.50 AC. ri Vol. 1326, < Pg. 596 3, Waine. L._ —: s1 Childers 2.46 AC. Vol. 1358, Pg. 93 The easement recorded in Volume 642, Page 526 may affect this tract but cannot be located due to poor description. No research has been done to identify other recorded or unrecorded easements that . ''effect this tract. 588'08'32V 325.00'- _ Existing ROW Gattis School Road ( ROW Varies) • .93 c Proposed ROW LINE T2 T3 74 T5 T6 BEARING NO1'51'28'70 N83'38'50 "E NO2'01'02'W NO2'01'02"W N0 • N88'08',32 "E DISTANCE 18.07' 73.43' 1 12.90' 50.00' 7.30' 8.76' CURVE C1 C3 C4 . RAOIUS 2450.00' 30.00' 1 70.80' 170.80' DELTA ANGLE 04'28'54" 17'02'32" CS" 1050.00 03'42'58" ARC LENGTH 191.54' 90'06'46" 17 '02'32" 47. 18' 50.80' 50.80' 68.10' CHORD LENGTH 191.59' 42.47' 50.62' 50.62' 68.09' CHORD BEARING N85'51'17'E N43'02'21 "E N08'30'14 N06'30'14 N00'09 '33'W File No.: 1043 - Childers -P Job No,: 1043 -100 Dote: June, 2001 Scale: l'+ 100'. LEGEND O - Iron Pin . Set 0. Iron Pin Found Field Notes Prepored Designed 8y: do Orown By: dnw Checked By: ReWeed• AUSTIN SURVEYORS 2105 Justin Lane #103 Austin, Texas 78757 512 - 454 -6605 FICANNE,D # 25Olo I FILED PtM RECORDED r ILEL M! fl CORDED OFFICIAL PUBLIC RECORDS z 03- 27- 2002"`01:02 PM 2002023489 ANDERSON $19.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY: TEXAS --A ISSUED BY LawyersTtleInsurance 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 Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as staled 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 es 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: 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 10 0) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (5) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aff ecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (0) attaching or created subsequent to Dale 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) 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 es 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 a judgment or lien creditor. Texas Owner's Policy T -1 (Rev. 1 -1 -93) Cover Page Form 1178 -22 a. q r� �NSUflAN rc4 fti ;:: ... ..•CO ry ql Secretary r A j•., 1925 rr Mk'MMOM9 J� - ' EXCLUSIONS FROM COVERAGE ORIGINAL LAWYERS TITLE INSURANCE CORPORATION By: OWNER'S POLICY OF TITLE INSURANCE President 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject 10 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: (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 of the general or limited partnership upon partial or complete liquidation; (iv) the successors in interest to a joint venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation; (v) me 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. (3) "land ": the (300 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 (i) an estate or interest in the land. or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below. or (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest that Is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. When, after the date 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 and 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 nobly 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 detect 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 defect from the title to the estate as insured; (ii) indemnity 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 detect, said policy to be in an amount equal to the current value of the property or, it a mortgagee policy. the amount of the loan; (iv) indemnity 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 detect; (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 stated causes of action alleging a detect, 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 slated 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 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 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 atter Inc notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days atter the insured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the detect 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. It 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, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further. 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 Inc amount of insurance 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 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 0222227 L 491 $ * ** *103,431.50 $* *1,014.00 1000 CASE NUMBER 2001 RR 222227 -M (215) /khs LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE DATE OF AMOUNT OF POLICY NUMBER POLICY INSURANCE 3/13/2002 $ * ** *103,431.50 0222227 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 0.387 OF AN ACRE OF LAND MORE OR LESS OUT OF THE P. A. HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 0.50 ACRE TRACT OF LAND AS DESCRIBED IN DEED TO WAYNE L. CHILDERS RECORDED IN VOLUME 1326 PAGE 596 OFFICIAL RECORDS WILLIAMSON COUNTY TEXAS AND ALSO BEING A PORTION OF THAT CERTAIN 2.46 ACRE TRACT OF DESCRIBED LAND AS PAGE 93 OIC RECORDS TWILLI WAYNE COUNTYRSlEXASO�SAIDN0`387 VOLUME 1358, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. AUSTIN TITLE COMPANY Countersigned By: ] (gl\C\\OL Authorized counters gnatu'e Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule B Schedule A And Cover Page Are Attached EXHIBIT A AUSTIN SURVEYORS P.O. BOX 180243 AMIN, TEXAS 78710 2105 .NSTiN LANE 8103 (513) 4544005 Accompaniment air plat 1043- Childara.? FIELD NOTES FOR 0.387 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 2.46 acre tract of land conveyed to Wayne L. Childers by deed recorded in Volume 1358, Page 93 of the Deed Records of Williamson County, Texas, and part 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 and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin net on the North right-of- -way line of Gattis School Road in the Southeast corner of a 2.98 acre tract of land conveyed to Sebastian Zanlarripa, Jr. by deed recorded in Volume 934, Page 360 of the said Deed Records, for the Southwest comer of the above mentioned 2.46 acre tract and the Southwest comer of this tract. THENCE N 01 °51'28" W with the East line of the above mentioned 2.98 acre tract and the West line of the said 2.46 acre tract 18.07 feet to an iron pin set for the West comer of this tract, THENCE N 83 ° 36'50" E 73.43 feet to an von pin net in the PC of a curve to the right said curve having a radius of 2450.00 feet and a central angle of 04 °28'54 ". THENCE with the arc of the said curve 191.64 feet the long chord of which bears N 85, ° 51'17" E 191.59 feet to an iron pin net in the PT of the said curve and the PC of curve to the left said curve having a radius of 30.00 feet and a central angle of 90 ° 06'46 ". THENCE with the arc of the said curve 47.18 that the long chord of which bears N 43 °02'21 "E 42.47 feet to an iron pin set in the PT of the said curve. THENCE N 02 °01'02" W 112.90 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 170.80 feet and a central angle of 17 °02'32 ". THENCE with the arc of the said curve 50.80 feet the long chord of which bears N 06 E 50.62 feet to an iron pin set in the PT of the said curve and the PC of a curve to the left said curve having a radius of 170.80 feet and a central angle of 17 ° 02'32 ". THENCE with the arc of the said curve 50.80 feet the long chord of which bears N 06°30'14" E 50,62 feat to an iron pin set in the PT of the said curve. THENCE N 02 ° 01'02" W 50.00 feet to an 'iron pin set in the PC of a curve to the right said curve having a radius of 1050.00 feet and a central angle of 03 °42'58 ". THENCE with the arc of the said curve 68.10 feet the long chord of which bears N 00 ° 09'33" W 68.09 feet to an iron pin set in the PT of the said curve. THENCE N 01 ° 41'56" E 7,30 feet to an iron pin set co the South lino of a 0.90 son tract of land conveyed to Michael F. Watson by deed recorded in Volume 2145, Page 213 of the said Deed Records and' the North line of the -above mentioned 0.50 acre tract for the Northwest comer ofthia treat. THENCE N 88°08'32" IS 8.76 het to an iron pin net on the West right -of- -way line of Doublecreak Dr. in the Southeast comer of the above mentioned 0.90 acre tract and the Northeast comer of the said 0.50 acre tract for the Northeast comer of this tract. THENCE S 02 ° 33'28" E with the West rightof -way line of Doublecreek Dr. 400.03 feet to an iron pin set on the North right-pf -way line of P.attis. School Road in the Southeast comer of tha'said 2.46 acre tract for the Southeast coiner of this tract 0.387 Acres THENCE S 88 °08'32" W 325.00 feet to the POINT OF BEGINNING containing 0.387 acres of land, more or less. 1, Claude F. Hinkle, h. , a Registered Professional' Land. Surveyor, do hereby certify that these field notes were prepared from an on - 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, R.P.L.S. No. 4629 Date 1043 rowded.doc Page 2 of 2 CURVE RADIUS DELTA ANGLE an LENGTH CHORD LENGTH CHORD 9049160 CI 2450.00' 04'28'54' - 191.64' 191.59' N85'51'17E C2 50.00' 90'06'46' 47.18' 42.47' N C3 1.4 x 70.80• r 70.80• 1r02'52• 17 pppp,,80' 5E80' 90 .62' .90 000 NO6'30'14'E CS 1050.00' 03'42'56' 68.10' 68.09 N00'08'3317 Survey plat showing a 0.387 acre tract of land in the P.A. Holder Survey, A -297, in Williamson County, Texas -- I Scale 1" = 100' Sebastian Zcmarripa, Jr. 2.98 .4C. Vol. 934, Pg. 389 Point of Beginning Bearings shown hereon are grid bearings determined by GPS 670 methods for o local plane centered neor the Southeast Corner of the PA. Holder Survey, AbstroCt No. 297. Michael F. Watson 3.110 AC. Vol. 211.5, rag. 213 gG 1. Cloude F. Hinkle. Jr.. o Registered Prof a l onol Land Surveyor, do hereby certify that this plot accurately represents the results of on on- the - ground survey mode under my superv during June of 2001 and is 0orrect to the best 01 my knowledge and belief. 0.50 AC. Vol. 1326, Pg. 596 Wc4ae Chllaers 2.46 AC. Vol. 1358. Pg. 93 Proposed RO The easement recorded in Volume 642, Page 526 moy affect this Iroct but connot be located due to poor description. No research hos been done to identify other recorded or unrecorded easements that affect this tract. LEGEND Proposed ROW 988'08'32"! 325.0• ' Esisl:ng ROW Griffis School Road ( ROW Varies) 0 Iron Pin Set • Iron Pin Found Field Notes Prepared rile No.: ,o4 - rMNn - P Deelanee lir One Je0 No,: 1043 -100 groan By: dn. Date: June, 2001 Chee4.4 By: Scots: I. 100' R4NU4 UNE 0 1 T2 T3 T4 T5 06 BEARING N01 N8S38'50'E NO2'01'02'W H02 6 001'41'56'E N09'08'32'0 0159ANCE 18.07' 73,43 112.90' 55.00' 7,30' 6.76' AUSTIN SURVEYORS 2106 JueUn Lane #I03 Austin, Texas 76767 612- 464 -6806 Texas Owner's Policy T -1 (Rev. 1 -1 -93) LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF - POLICY NUMBER POLICY 2001 RR 222227 -M (215) /khs 3/13/2002 0222227 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys fees or expenses( that arise by reason of the terms and conditions of the leases 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 property under Section 11.13, TEXAS TAX CODE, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): RIGHTS OF TENANTS IN POSSESSION AS TENANTS ONLY UNDER ANY AND ALL UNRECORDED LEASE AND /OR RENTAL AGREEMENTS. 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 & LIGHT COMPANY ( CONT. ON SCH. B, PAGE 2 ) Valid Only If Schedule A Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION OWNER POLICY OF TITLE INSURANCE CASE NUMBER DATE OF POLICY NUMBER POLICY 2001 RR 222227 -M (215) /khs 3/13/2002 0222227 SCHEDULE B BY WILLI N AMSONCOUNTY, TEXAS. (EASEMENT AN ELECTRIC T /6R DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 10. OSCAR EASEMENT DATED E AL, RECORDED OIN GRANTED UME 304, TEXAS GE POWER , DEED RECORDS, COMPANY BY DS DISTR DISTRIBUTION TOGETHER WITH ALL RIGHTS RECITEDCTHEREIN)SSION AND /OR 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 ( EAS UT ON LINE AND TELEPHONE LINE, TOGETHER 12. LESTER, ET AL, T RE E CORD� ED IN , GE 541, PUBLIC CARTER 1 , DEEDCORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ROADWAY, TOGETHER WITH ALL RIGHTS RECITED Texas Owner's Policy T -1 (Rev. 1 -1 -93) Valid Only If Schedule A Schedule B And Cover Page Are Attached (0) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (1) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy. together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were 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 for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss ar 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 detect, lien or encumbrance insured against by this policy at the dale the insured claimant is required to furnish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy 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 10. pro rata in the proportion that 120 percent of the Amount of Insurance slated in Schedule A bears to the sum of the Amount of Insurance slated 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' tees 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 0 the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged detect. lien or encumbrance. or cures the lack of a right of access to or from the land, all as insured, or lakes 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 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 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. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Condition and Stipulations, the loss or damage shall 00 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 5enle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion that the Companys payment bears to the whole amount of the loss, If loss should result from any act of the insured claimant, as slated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that pan of any losses insured against by this policy that shall exceed the amount, it any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - Insured Obligors. The Companys right of subrogation against non - insured obligors shall 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 the Title Insurance Arbitration Rules or the American Arbitration Association. Arbitrable matters may include, but are not limited lo, 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 81,000,000 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 91,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules In effect on the 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 it the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having 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. II 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 101011 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 232617567, 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. 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 B11-0019563 Jwyers1Jt Insurance Crporatioo TEXAS OWNER POLICY OF TITLE INSURANCE Issue,' By Lawyefsl dejnsurance IGporatton HOME OFFICE: 101 Gateway Centre Pathway, Gateway One Richmond, Virginia 23235 -5153 A WORD OF THANKS As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Lawyers Title Insurance Corporation. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department awyers itle Insurance Crporation 7557 Rambler Road, Suite 1200 Dallas, Texas 75231 TOLL FREE NUMBER: 1-800-442-7067