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R-02-03-26-9E4 - 3/26/2002
RESOLUTION NO. R- 02- 03- 26 -9E4 WHEREAS, the City desires to purchase a 0.115 acre tract of land for additional right -of -way for the CR 122 Project, and WHEREAS, Hagob Ardash Harutunian the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Hagob Ardash Harutunian, 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 26th day of M. ch, 200 • ROW. STLUKA, JR., ayor ATTEST: CHRISTINE R. MARTINEZ, City Sec4ltary .7OOMA\ WORLDOX\ 0:\ WDOX\ RESOLUTI \R20326E4.WPD /r 20228 f 1 /sc City of Round Rock, Texas STATE OF TEXAS § § COUNTY OF WILLIAMSON § THIS CONTRACT OF SALE ( "Contract ") is made by and between Hagob Ardash Harutunian, of 21 Stillmeadow, Round Rock, Texas 78664 (referred to in this Contract as ( "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as ( "Purchaser "), upon the terms and conditions set forth in this Contract. 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, that certain parcel of land containing approximately 0.115 acres of land and all improvements located thereon situated in Williamson County, Texas, being more particularly described in Exhibit A, attached hereto and incorporated herein; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the ( "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. c: \WINDOWS \tee \00020261. sPro /sic REAL ESTATE CONTRACT ARTICLE I PURCHASE AND SALE ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of FIFTEEN THOUSAND and no /100 Dollars ($15,000.00.) Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. 1 EXHIBIT "A" Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the consent of Seller's lender to release the Property from its lien and financing statement, and to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). 3.02. Purchaser, at Purchaser's sole cost and expense, will cause Austin Title Company (the "Title Company ") of 101 E. Old Settlers Blvd., Suite 100, Round Rock, Texas 78664, to issue a preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives this contract following execution by Seller that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller may, but shall not be obligated, to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable, or unwilling to do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. C: \WINDOWS \TEMP \00020264.WPD /sls ARTICLE III PURCHASER'S AND SELLER'S OBLIGATIONS Preliminary Title Commitment ARTICLE IV CLOSING The closing shall be held at the Title Company on or before April 30, 2002, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the ( "closing date "). Seller's Obligations 4.01.At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged 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, conditions, easements, assessments, and restrictions, except for the following: 2 (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) The aforesaid Special Warranty Deed will include provisions that it is being delivered in lieu of condemnation. (d) As provided in paragraph 9.01 below, Seller is delivering to Purchaser possession of the Property as of the date of this Contract. c: \wzrmows \Tame \aoazozsa.wvo /aza Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date relating to the Property and then due and payable, shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Purchaser; 3 Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. 5.01 Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. 6.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. 7.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, or the failure of any condition to Seller's obligations provided herein, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. 8.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) bring suit for specific performance, or (3) receive the Escrow Deposit from C: \WINDOWS \TU4, \000,OZSa. wno /c ARTICLE V REAL ESTATE COMMISSIONS ARTICLE VI ESCROW DEPOSIT ARTICLE VII BREACH BY SELLER ARTICLE VIII BREACH BY PURCHASER 4 the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS Assignment of Contract 9.01. (a) This Contract may not be assigned without the express written consent of Seller. Regardless of the foregoing, Purchaser may assign this Contract to the Round Rock Transportation Development Corporation. Survival of Covenants (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. - C: \HINDDHS \TEMP \E0020264.NPD /sIs Parties Bound 5 Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (h) Time is of the essence in this Contract. Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. (k) Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Effective Date (1) This Contract, with the exception of Article IX shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Article IX shall be effective immediately upon the execution of this Contract by Seller. I represent that I have read and understood each of the terms and conditions of the foregoing document and by affixing my signature hereto agree to be bound thereby. C: \wxeroows \'mac \ soszoasa eu /eis Memorandum of Contract 6 C: \WINDOWS \TEMP\ 00020264.NP0/S1s SELLER: By By: Date: /'J/. /, , 2002 PURCHASER: CITY OF ROUND ROCK, TEXAS 221 E. Main Street Round Rock, Texas 78664 Date: 7 Ardash Harutunian Robert A. Stluka, Jr., Mayor Exhibit A Property Descriptions DESCRIPTION Page 1 oft FOR A 0.155 ACRE (6.750.56 SQUARE FOOT) TRACT OF LAND SITUATED IN THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422 IN WU LIANlSON COUNTY, TEXAS, BEING .A PORTION OF LOT 29 OF "OAK BLUFF FSIATES" A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET F SLIDE 125 OF THE PLAT RECORDS OF SAID COUNTY. SAID 0.155 ACRE TRACT REM MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod set on a point in the sootialy boundary line of said Lot 29. same being the nor0aaly`boundary;hme.of Lot 1 of "Wtldwood Country" a subdivision according m the Flt thereof recorded in Cabinet D. Slide 58 of the Plat Records of said _ southerly being the Tamar a b and fists o eh fond rod found on poL t 28 of add "Oak Bluff Estates", S89''51 05`2 adistance 54..82 feet•, boundary of Lot =NCB with the _southerly boundary Tine of said Tat 29, same being the most mulberry boundary line of said Lott, N89'S1'0S"W wring Basistpircctional Control Line) for a distance of 27.15 -fat to a iron rod found on a !Mkt being the most southwesterly comer of said Lot 29, mime being the easterly right -of way line of County Road 122 (CR 122) (right-of-wiry width vases); THENCE departing doe northerly boundary line of said Lot 1, with the westerly boundary line of said Lot 29, some being the easterly tight -of- way line of said CR122, NO 1"04' 18"W for a distance of 231.78 -feet to on iron rod found on a point ofcurvature hereof THENCE with the curving northerly boundary line of said lot 29, same being the are of a transitional right- of-way carve to the right, having a radios of 20.00 -feet a central angle of 91 ° 11;18". an she lengt of 31.83 -feet and a chord which bears N44'34'31"B for a distance of 2858 -feet to an iron Tod found on a point of tangency in the southerly right-of-way line of Woodland Loop (50 -fat in right -of -way width); THENCE rominning with the northerly boundary lime afraid Lot 29 same being the southerly right-of-way line of said Woodland loop, S89 for a distance of 26.46 -feet to an iron rod set hereog THENCE departing the northe$y boundary line of said Lot 29, same being the southerly boundary line of said Woodland Loop, through the interior of said Lot 29, with the arc of a curve to the left, having a radius of 20.00 -feet, a central angle of 91 an are length of 31.92 and a chord which bears S44 '28•28 "W fors dattnce of 28.64-feet to an iron rod set on a point of tangency hereof; Page 2 of 2 THENCE continuing through the interior of said Lot 29, S0I'14'35" E for a distance el to the POINT OF BEGLNNING hereof. and containing 0.155 are of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Profcsstonal Land Surveyor No. 2508 Baker Aic len & Assoc. 203 R Main St Ste. 201 Round Rock. Tx 78664 auxxuv.coc L r 2 OLD OAKS DRIVE (50' ROW) SKETCH TO ACCOMPANY DESCRIPTION Number CI C2 LEGEND Delta 22 sr26 • IRF • IRON ROD FOUND 0M8 • IRON ROO SET 1 1 • RECORD INFORMATION P.0-11. • POINT OF BEGINNING Chord Olecttan N44•34 544•28213ng (589'4829'E) S89 IE 26.46' IRS SUBJECT TRACT 1 0155 AC. 6.750.36 SO. FT. LOT 29 CO_B. RegIes• ZO.Otr 20.00' . 13 1.7 CAE. F, WOODLAND LOOP (50' ROW) OAK BLUFF CAB. F. IRE IRS 27 S99°51 154.52. sayseoew BE4R216 BASIS/ (8119 DIRECTIONAL CONTROL LINE LW 1 WILDR 0 OD (.:11•1 .5E. 55 Arc Length 3492' Chord Length 28_60' 28.64' ESTATES SL. 125 SCALE; 1"50' LOT .7.E. EXHIBIT "A" DATE. 4-2000 JOB No 601-75S-10 File: BKS Baker-Alcklen & wasociat.5, Inc_ Engineers trr.q.--,rer4r DATE: March 20, 2002 SUBJECT: City Council Meeting — March 26, 2002 ITEM: *9.E.4. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Hagob Ardash Harutunian for right -of -way for the CR 122 project. Resource: Steve Sheets, City Attomey History: This property has been identified as necessary for the County Road 122 expansion project. Funding: Cost: $15,000 Source of Funds: Round Rock Transportation System Development Corporation. Outside Resources: Sheets & Crossfield, P.C. Impact: N/A Benefit: Allows for needed widening of County Road 122. Sponsor: N/A STATE OF TEXAS COUNTY OF WILLIAMSON REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between Hagob Ardash Harutunian, of 21 Stillmeadow, Round Rock, Texas 78664 (referred to in this Contract as ( "Seller ") and the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred to in this Contract as ( "Purchaser "), upon the terms and conditions set forth in this Contract. ARTICLE I PURCHASE AND SALE 1.01 By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, that certain parcel of land containing approximately 0.115 acres of land and all improvements located thereon situated in Williamson County, Texas, being more particularly described in Exhibit A, attached hereto and incorporated herein; together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the ( "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. 2.01. The purchase price for the Property shall be the sum of FIFTEEN THOUSAND and no /100 Dollars ($15,000.00.) 2.02. The Purchase Price shall be paid in cash at the closing. C, \ WINDOWS \'1'S1e \00020269. WPD /sls ARTICLE II PURCHASE PRICE Amount of Purchase Price Payment of Purchase Price 1 C \NINDOWS \TEMP \00020264 .WPD /sls ARTICLE III PURCHASER'S AND SELLER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transaction contemplated hereby are subject to the consent of Seller's lender to release the Property from its lien and financing statement, and to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Purchaser, at Purchaser's sole cost and expense, will cause Austin Title Company (the "Title Company ") of 101 E. Old Settlers Blvd., Suite 100, Round Rock, Texas 78664, to issue a preliminary title report (the "Title Commitment "). Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives this contract following execution by Seller that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller may, but shall not be obligated, to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable, or unwilling to do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. ARTICLE IV CLOSING The closing shall be held at the Title Company on or before April 30, 2002, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the ( "closing date "). Seller's Obligations 4.01.At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged 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, conditions, easements, assessments, and restrictions, except for the following: 2 (i) (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by the Title Company, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed above, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy. (c) The aforesaid Special Warranty Deed will include provisions that it is being delivered in lieu of condemnation. (d) As provided in paragraph 9.01 below, Seller is delivering to Purchaser possession of the Property as of the date of this Contract. C: \WINDOWS \TEMP \00020264. WPD /sls General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date and shall be adjusted in cash at the closing. If the closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the closing date relating to the Property and then due and payable, shall be paid by Seller. Purchaser will bear the burden of paying any rollback taxes, if any, resulting from a change of use of the Property. Closing Costs 4.04 All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Purchaser; 3 Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REAL ESTATE COMMISSIONS 5.01 Seller will be solely responsible for all real estate brokerage commissions due to any brokers representing the Seller. ARTICLE VI ESCROW DEPOSIT 6.01 For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to the Title Company, the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. 7.01 In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, or the failure of any condition to Seller's obligations provided herein, Purchaser may, as its sole and exclusive remedy, either: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser. 8.01 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to (1) bring suit for damages against Purchaser; or (2) bring suit for specific performance, or (3) receive the Escrow Deposit from C: \WINDOWS \TEMP \00020264.WPD/S1s ARTICLE VII BREACH BY SELLER ARTICLE VIII BREACH BY PURCHASER 4 the Title Company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE IX MISCELLANEOUS Assignment of Contract 9.01. (a) This Contract may not be assigned without the express written consent of Seller. Regardless of the foregoing, Purchaser may assign this Contract to the Round Rock Transportation Development Corporation. (b) Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. G \WINDOWS \'TEMP \0 W 2 W 64. WPD /sls Survival of Covenants Notice (c) Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. Texas Law to Apply (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Parties Bound (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 5 Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (h) Time is of the essence in this Contract. Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. (k) Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Effective Date (1) This Contract, with the exception of Article IX shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. Article IX shall be effective immediately upon the execution of this Contract by Seller. I represent that I have read and understood each of the terms and conditions of the foregoing document and by affixing my signature hereto agree to be bound thereby. C: \WINDOWS \TEMP \00020269. NP /sls Memorandum of Contract 6 C: \WINDOWS \TEMP \00020264, WPD /sls SELLER: PURC CI " OF RO1ID RO Ar i AS 221 E. Main Street Round Rock, Texas 78664 Date: , .3 ,-210 - 01.1 7 b Ardash Harutunian Exhibit A Property Descriptions DESCRIPTION Page 1 of 2 FOR A 0.155 ACRE (6,750.56 SQUARE FOOT) TRACI' OP LAND SITUATED IN THE ROBERT McNUIT SURVEY, ABSTRACT NO. 422 IN WILLIAMSON COUNTY, TEXAS, BEING .A PORTION OF. LOT 29 OF "OAK BLUFF ESTATE'S" A SUBDIVISION ACCORDING TO THE FLAT THEREOF RECORDED IN CABINET F SLIDE 125 OP THE PLAT RECORDS OF SAID COUNTY, SAID 0.155 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an icon rod set on a point in the southerly boundary line of said Lot 29, same being the northcdy'baundary,linc of Lot 1 of "Wildwood Cormtry" a subdivision aeoarding to the Plat thereof reecaded in Cabinet D, Slide 38 of the Plat Records of said Cotmty, and from which an iron rod found on a point being the roost northeasterly corner of said Lot 1, same being the most southerly boundary line of Lot 28 of said "Oak Bluff Estates", 689 ° 51'05"E a distance of 154.82 -fee THENCE with the southerly boundary line of said Lot 29. same being the most northerly boundary line of mid Lot 1, N89 (Boning Basis/Dircelional Control Line) for a distance of 27.15 -feet to a iron rod found on a point being the most southwesterly comer of said Lot 29, same being Ole easterly right-of-way line of County Road 122 (CR 122) (right-of-way width varies); THEVCE departing the northerly bounder/ line of said Lot 1, with the westerly boundary line of said Lot 29, same being the easterly right -of -way lint of Bald C9J72. N01°04' 18"W for a distance of 231.78 -feet to as iron rod found on a point of ettrvature hereon THENCE with the curving northerly boundary line of said lot 29, same being the arc of a transitional right - of -way alive to the right, having a radius of 20.00 -feet a central angle of 91 °11'18", an ere length of 31.83 -feet and a chord which bears 1444 for distance of 28.58 -feet to an iron rod found on a point of tangency in the southerly right-of-way line of Woodland Loop (50 -fat in right -of -way width); THENCE amtiwing with the northerly boundary line of raid Lot 29 same being the southerly right-of-way line of said Woodland Loop, S89 for a distance of 26.46 -feet to an bon rod set hereon` THENCP. departing the northerly boundary line of said Lot 29, same being the southerly boundary line of said Woodland Loop, through the interior of said Lot 29, with the are of a curve to the left, having a radius of 70.00 -feet, a central angle of 91726.07 ", an arc length of 31.92 and a chord which bears S44`28'28 "W fora distance of 28.64 -feet to an iron rod set on a point of tangency hereof; Page 2 of 2 THENCE continuing through the interior of said Lot 29, SOI ° 14'35 "E for a distance of 231.70 -fcct to the POINT OF BEGINNING hereof, and containing 0.155 acre of land. Surveyed under the direct supervision of the undersigned: Donald 1. Kirby Registered Professional Land Surveyor No. 2508 Baker Aicklet & Assoc. 203 E. Main St Ste. 201 Rotmd Rock, Tx. 78664 catzuss.00c LOT 2 OLD OAKS DRIVE (5O' ROW) LO r u LEGEND SKETCH TO ACCOMPANY DESCRIPTION i3iUFt ES TA INurnber Delta 9PIPIEJ C2 Orzsbr" • IRF - IRON RoD FOUND 0 IRON ROD SET ( ) • RECORD INFORMATION P.O.B. = POWT OF BEGINNING LOT (S89 ▪ S99•4629"E ▪ 26.46',..g chard Dleation ri44•34 S44 T TRACT 0.155 AC. 16.750.36 SO. FT. IRF A" sa9.5t 15=1.22 Neo•acew BEARING BASIS/ (11189•5F05 '1V) DIRECTIONAL CONTROL LINE WILE"A 00D COUIV7 Radius 20.00' 20.00' WOODLAND LOOP (50 ROW) LOT 29 Ara Length 3L193' 3492 OAK BLUFF CAB. F, Girard Length 28.60' 21164' ESTATES SL. 125 SCALE: 1 "=50' LOT 2 EXHIBIT "A" DAM 4-2000 JOB No 601-758-10 BY: SKS Baker-Alcklen & Associates, kw_ Enginer 013 Cn • THE STATE OF TEXAS § a § COUNTY OF WILLIAMSON § R -Oa -03-G24-965f , Georgetown Title Company. Inc. SPECIAL WARRANTY DEED 01 WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such t , other property rights deemed necessary or convenient for the construction, © expansion, enlargement, extension, improvement, or operation of a portion of r{1 County Road 122 ( "Project "); and, CN WHEREAS, the purchase of the hereinafter- described premises has been deemed • necessary or convenient for the construction, expansion, enlargement, • extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, Hagob Ardash Harutunian, a single person, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: BEING 0.155 acres, more or less, out of Lot 29, Block A, Oak Bluff Estates, Round Rock, Williamson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and 00021003.WPD 1. 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 /9 day of A p—, , 2002. NO SEAL PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO: A Georgetown Title Co., Inc P. O. Box 835 Round Rock, TX 78680 -0835 00021003. W PD Acknowledgments State of Texas County of Williamson This instrument was acknowledged before me on this the /9 day of a,u) , 2002 by Hagob Ardash Haru u ian. 2. y Public, Stat f Texas Sheets & Crossfield, P.C. 309 E. Main St. Round Rock, Texas 78664 Georgetown Title Company 1717 N. Mays. Round Rock, Texas 78664 DESCRIPTION Page I of 2 FOR A 0.155 ACRE (6,750.56 SQUARE FOOT) TRACT OF LAND SITUATED 114 THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 29 OF `OAK BLUFF ESTATES" A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET F SLIDE 125 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.155 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron rod set on a point in the southerly boundary line of said Lot 29, same being the northerly boundary line of Lot 1 of "Wildwood Country" a subdivision according to the Plat thereof recorded in Cabinet D, Slide 58 of the Plat Records of said County, and from which an iron rod found on a point being the most northeasterly comer of said Lot 1, same being the most southerly boundary line of Lot 28 of said "Oak Bluff Estates ", S89 ° 51'05 "E a distance of 154.82 -feet; THENCE with the southerly boundary line of said Lot 29, same being the most northerly boundary line of said Lot 1, N89 ° 51'05 "W (Bearing Basis/Directional Control Line) for a distance of 27.15 -feet to a iron rod found on a point being the most southwesterly corner of said Lot 29, same being the easterly right -of -way line of County Road 122 (CR 122) (right -of -way width varies); THENCE departing the northerly boundary line of said Lot 1, with the westerly boundary line of said Lot 29, same being the easterly right -of -way line of said CR122, NO1 ° 04'18 "W for a distance of 231.78 -feet to an iron rod found on a point of curvature hereof; THENCE with the curving northerly boundary line of said lot 29, same being the arc of a transitional right - of -way curve to the right, having a radius of 20.00 -feet a central angle of 91 ° 11'18 ", an arc length of 31.83 -feet and a chord which bears N44 ° 34'31 "E for a distance of 28.58 -feet to an iron rod found on a point of tangency in the southerly right -of -way line of Woodland Loop (50 -feet in right -of -way width); THENCE continuing with the northerly boundary line of said Lot 29 same being the southerly right -of -way line of said Woodland Loop, S89 for a distance of 26.46 -feet to an iron rod set hereof; THENCE departing the northerly boundary line of said Lot 29, same being the southerly boundary line of said Woodland Loop, through the interior of said Lot 29, with the arc of a curve to the left, having a radius of 20.00 -feet, a central angle of 91 ", an are length of 31.92 and a chord which bears S44 ° 28'28 "W for a distance of 28.64 -feet to an iron rod set on a point of tangency hereof; EXHIBIT 1 ,4 /0{3 Page 2 of 2 THENCE continuing through the interior of said Lot 29, SO1 ° 14'35 "E for a distance of 231.70 -feet to the POINT OF BEGINNING hereof, and containing 0.155 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Profess . nal Land Surveyor No. 2508 Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 CR122L29..DOC EXHIBIT Px 2 r 1 Number Delta Chord Dictation Radius Arc Length Chord Length CI 9P11'18" N44 20.00' 31.83' 28.58' C2 91 844 20.00' 31.92' 28.64' L T 2 OLD OAKS DRIVE (50' ROW) LEGEND 0 0 0 0 , 44 co 0, • lRF = IRON ROD FOUND 018S = IRON ROD SET ( ) = RECORD INFORMATION P.O.B. POINT OF BEGINNING SKETCH TO ACCOMPANY DESCRIPTION IRF rri (S89 589 26 WOODLAND LOOP (50' ROW) OAK BLUFF CAB. F, .2 CSUBJECT TRACT 0.155 AC. 6.750.36 SO. FT. F.O.B. LOT 29 27.0 S89 154.82' N89 BEARING BASIS/ (N89 DIRECTIONAL CONTROL LINE 1.0T CAt'. Si. :"513 EXHIBIT 4 A 7.42 3 ESTATES SL. 125 RECORDERS MEMORANDUM ‘11 or parts of the text on this page was not clearly legible for satisfactory recordation. IRF [31k SCALE: 1"=50' EXHIBIT "A" DATE: 4-2000 JOB No.: 601-758-10 File: BY: BKS Baker-Alcklen & Associates, Inc. Englneers/Surveyors Georgetown le Company , Inc. FILED MD RECORDED OFFICIAL PUBLIC RECORDS e 04 -22 -2002` 02:56 PM 2002030433 ANDERSON $19.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS JLLLi41LL �„ ISSUED BY 111111111 111 111111111111 1111111111 1111 1 11 111 1 1 1 1 11111 1111 11 11 1 11 1 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 11 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Commonwealth Land Title Insurance Company, a Pennsylvania 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 stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy; 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title, The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. Attest: Commonwealth® Land Title Insurance Company Texas Owner Policy T -1 (Rev. 1 -1 -93) Face Page Form 1178 -1 1 OWNER'S POLICY OF TITLE INSURANCE COMMONWEALTH LAND TITLE INSURANCE COMPANY ���rtnm, won m._nn arog nr� r m�¢�i.� POLICY NUMBER EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay Toss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage that would not have been sustained if the insured claimant had paid valuator 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 3of 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 void- able distribution or voidable dividend, (ii) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subordination or (iii) the Transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. (1RIC-0INAI Valid Only If Schedule A, B and Cover Are Attached 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) " Insured ": the insured named in Schedule A, and, subjectto any rgha ordetensee the Company would have had against the named insured. those wlro succeed to the interest of the named Insured by operation 01 law as distinguished from purchase including, but not limited to. heirs. distributees, devisees, survivors, personal representatives, next of kin. or corporals, partnership or fiduciary successors, and specifically, without limitation, the follow- ing: 0) the successors in interest to a corporation resulting from merger o oneolida- tion or the distribution of the assets of the corporation upon partial or complete liquidation; (9) the partnership successors in interest to a general or limited partnership which dissolves but does not terminate; the successors In interest la a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon partial or complete liquidation; (iv) the successors in interest to a joint venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation; (v) the successor or substitute trustee(s) of a trustee named in a written trust instrument; or (vi) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of the trust to the beneficiaries thereof. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice that may be imputed la an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto that by law constitute real property. The term "land" does not include any properly beyond [he 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 stale statutes at Dale of Policy tar 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 Cover- age, "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 nal 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 Dale 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 continua 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. 11 prompt notice shall not be given l0 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 dale of the policy, the insured notifies the Company as required herein of a lien. encumbrance, adverse claim or other defect in title to the estate or interest in the land insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the hen, encumbrance. adverse claim or defect is valid and not barred by law or statute. The Company shall notify the insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not c vered 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 far its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Compa- ny 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 fide insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, it a mortgagee policy, the amount of the loan; (iv) indemnity nether title insurance company in connection with its issuance of a policy(ies) of title insurance without excep0on tar the lien, encumbrance, adverse claim or defect; (a) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (I) through (v) herein. 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. (e) Upon written request by the insured and subject to the options contained in Section 0 of these Conditions and Stipulations, the Company, at is own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts e claim adverse to the title or interest as insured, but only as to those staled causes of action B 1178-1 CONDITIONS AND STIPULATIONS alleging a defect, lien or encumbrance or other matter insured againet by this policy. The Company shall have me right to select counsel of its choice (subject to the right of the inured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the lees of any other counsel. The Company will not pay any lees, costs or expenses incurred by the insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding orb do any other act that in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy. whether or not it shall be Iable 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 so diligently. (c) Whenever the Company shall haw: brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to Ilnal 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 therein, and permit the Company la 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 Company's obligations to the insured under the policy shall terminate, Including any (lability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company. a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect In, or lien or encumbrance on the title, or other matter insured against by this policy that constitutes the basis of loss or damage and shall sate, to the extent possible, the basis of calculating the amount of the loss or damage- lithe 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 shell plo0uce for examina- tion, 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, corre- spondence and memoranda, whether bearing a dale before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representa- Ive of the Company, the Insured claimant shall grant its permission, in writing, for any authorized represenative 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 reasonablejudgment of the Company, 11 is necessary in the administra- tion of the claim. Failure of the Insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any coats, attorneys' tees and expenses incurred by the insured claimant, which were authorized by the Company, up to the lime of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litga0on, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant (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' lees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (11) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by 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 terminals, including any liability or obligation to defend, prosecute or continue any litigation. Issued with Policy No. Premium: $ 309.00 0 R ❑R13 ❑R16 Amount of Insurance: $ 15, 000.00 Date of Policy: 1. Nameoflnsured: CITY OF ROUND ROCK SCHEDULE A 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 Owner Policy T -1 (Rev. 1 -1 -93) Schedule A Form 1178 -3 ORIGINAL Policy No. 175 - 129401 File No. GF 01047683 3H April 22, 2002 at 2:56 P.m. 4. The land referred to in this policy is described as follows: 0.155 of an acre of land, more or less, out of Lot 29, Block "A ", of OAK BLUFF ESTATES, an addition in and to the City of Round Rock, Williamson County, Texas, according to the map or plat thereof recorded in Cabinet F, Slides 125 -127, Plat Records, Williamson County, Texas, and being more fully described by metes and bounds on Exhibit "A" attached hereto and made a part hereof. NOTE: The Company does not represent that the above acreage or square footage calculations are correct. Valid Only If Schedule B And Cover Page Are Attached Policy No.: 175 - 129401 File No.: GF 01047683 3H Texas Owner Policy (Rev. 12/30/99) Schedule 9 Form 1178 -4 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of the terms and conditions of the leases 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): recorded in Cabinet F, Slides 125 -127, Plat Records, and Volume 1117, Page 13, and amended in Volume 2552, Page 332, and Volume 1270, Page 870, Official Records, Williamson Continued on next page 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 title or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities. a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 2002 5. Standby fees, taxes and assessments by any taxing authority for the year 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. see b e l ow 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.): 7. 15' public utility easement along west lot line as shown plat recorded in Cabinet F, Slides 125 -127, Plat Records, Williamson County, Texas. 8. 10' public utility easement along north and south lot lines as shown on plat recorded in Cabinet F, Slides 125 -127, Plat Records, Williamson County, Texas. 9. 150' sanitary easement as shown on plat recorded in Cabinet F, Continued on next page GEORGElJWN TITLE COMPANY, INC. Authori Countersignature ORIGINAL Valid only if Schedule A and Cover are attached Policy No.: 175- 129401 G.F.No.: 01047683 3H Continuation of Schedule B CONTINUATION PARAGRAPH 1 CONTINUED County, Texas, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Slides 125 -127, Plat Records, Williamson County, Texas. 10. The rights of Brushy Creek Water Control and Improvement District No. 1 to levy taxes and issue bonds. 11. Consent Agreement dated August 19, 1987, from Oak Bluff Joint Venture to Round Rock Water Supply Corporation and recorded in Volume 2288, Page 252, Official Records, Williamson County, Texas. 12. An undivided one-half (1/2) interest in and to the oil, gas and other minerals in and under the land as reserved in deed dated July 31, 1971, recorded in Volume 539, Page 328, Deed Records, Williamson County, Texas. Title to said reservation has not been examined subsequent to its date of execution. 13. An undivided one -half (1/2) interest in the oil, gas and other minerals and all rights incident thereto, as reserved in Deed dated July 21, 1971, from James H. Arnold to the Veterans Land Board of the State of Texas, recorded in Volume 538, Page 638, Deed Records, Williamson County, Texas. Title to said reservation has not been examined subsequent to its date of execution. 14. Provision for an assessment for the maintenance of the common area of an assessment fee for the maintenance of such amenities and /or facilities as set out in restrictions recorded in Volume 1117, Page 13, Official Records, Williamson County, Texas. 15. Covenants, agreements and conditions as contained in Deed dated December 3, 1985, executed by Oak Bluff Joint Venture to Round Rock Water Supply Corporation recorded in Volume 1424, Page 9, and Acknowledgement of Grant of Certificate of Convenience recorded in Volume 2591, Page 434, Official Records, Williamson County, Texas. 16. All oil, gas and sulphur reserved by Grantors in deed dated April 19, 2002, executed by Hagob Ardash Harutunian, a single person, to City of Round Rock, Texas, recorded under Document No. 2002030433, Official Public Records, Williamson County, Texas. Continuation Form 2076 ADM_MIAI Continued on next page Policy No.: 175- 129401 G.F.No.: 01047683 3H Continuation of Schedule B Continuation Form 2076 CONTINUATION 17. Rights of parties in possession. 18. Any visible and apparent easement, either public or private, the existence of which is not disclosed by the public records as defined herein, including, but not limited to, roads or utilities in use on the land. * including taxes levied by Brushy Creek Water Control and Improvement District No. 1. • A@I(_IUAI Georgetown Title Company, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm - Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a non - affiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Georgetown Title Company, Inc. We may collect nonpublic person information about you from the following sources: Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from nur affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless It is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal Information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to non - affiliated third parties as pernitted by law. We may also disclose this information about our customers or former customers to the following types of non - affiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and Insurance. Non- financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. (\ LANDAMERICA Dear LandAmerica Customer: PRIVACY POLICY NOTICE The Financial Services Modemization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members. of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insuran Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Tide Insurance Company. Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance Company of America. Transnation Title Insurance Company, Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing. Ine.- Tide Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title Services Company, Capitol City Title Services, Inc, CFS Title Insurance Agency, Charleston Title Agcncy; Chatter Title Company of Fort Bend, Galveston, and Sugarland: Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas. Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland Title Company. First Title & Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company, Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Tide Settlement Company, Lion Abstract, Longworth Insured, Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/ Lawyers Tide Agency, Oregon Title, Park Title, Partners Title Company. Pikes Peak Tide Services, RE/Affirm Title Agency, Rainier Tide Company, Residential Abstract, Residential Tide, Rio Rancho Title, Texas Title Company. Title Transfer Service, Inc, TransOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop, Inc. FORM 3391-6 (May 2001) LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261 -7567. LandAmerica Companies FORM 3391.6 (May 2001) LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title insurance companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concemed about the information we have collected, please write to us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by your or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through a title insurance agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not part of the LandAmerica family may specifically, in writing, adopt our policy statement. 05469 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or erred 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 al: (i) the Amount of Insurance stated in Schedule A; (ti) The difference between the value of the insured estate or imeresl as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy at the 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 staled in Schedule A allhe Date of Policy is less Than 80 percent of the value of the Insured estate or interest or the lull consideration paid for the land. whichever is less, or if subsoquem 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 staled in Schedule A, then this Policy is subject to the following. (i) where no subsequent improvement has been made, as to any partial loss. the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or Interest at Dale of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance slated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this polity, and shall only apply to that portion of any loss which exceeds, in the aggregate, l0 percent of the Amount of Insurance staled in Schedule A. (c) The Company will pay only those costs, attorneys' lees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. II the land described in Schedule A consists of Iwo or more parcels that are not used as a single site, and a lass is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rala basis as it 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 endorse- ment attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encum. brance, Or cures the lack of a right of access 10 or from the land, all as insured, or takes action in accordance with Section 3 or Suction 6, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Compa. ny's consent, the Company shall have n0 liability far loss or damage until there has been a final determination by acorn of competent jurisdiction, and disposition of all appeals there- from, adverse to the title as insured. (0) 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 tamp. 11. UABILITY 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 M Schedule 0 or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner, 12. PAYMENT OF 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. (0) When liability and the extent of loss or damage has been definitely fixed in accor- dance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days therealfer. 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 001 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. 11 requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not bray cover the loss of the Insured claimant, the Company shall be subrogated In these rights and remedies In the proportion which the Compa- ny's payment bears to the whole amount 01 the loss. CONDITIONS AND STIPULATIONS (Continued) O loss should result from any actor the insured claimant. as slated above, Thal act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount, if any. lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - Insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall Include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those Instil merits that provide for subrogation rights by reason of this policy. 19. 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 de- mand arbitration pursuant to the Title Arbitration Rules or the American Arbitration Associ- ation. Arbitrable matters may include, but are not limited 10, any controversy or claim between the Company and the Insured arising out of w relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1 ,000,000 or less SHALL BE arbitrated at the request of eitherthe Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this polity and under the Rules in eft ect on the date the demand for arbitration is made or, atthe option of the insured, the Rules in effect at Dale of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the stale 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 enteral in any court hav- ing jurisdiction Ihereot The law of the sites of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A Dopy of the Rules maybe obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be oonslrued es a whale. (b) Any claim of loss or damage. whether or not based on negligence, and which arises out of the Status Ol the 0tle to the estate or interest covered hereby or by any action asserting such claim, shall be restricted 10 this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. • In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision, and all other provisions shall remain in lull force and effect, 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to COMMONWEALTH LAND TITLE INSURANCE COMPANY, 1700 Market Street, Philadelphia, Pennsylvania 19103 -3990. COMPLAINT NOTICE. Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Com- pany that issued the policy. It 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. FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1 -800- 925 -0965 PARA INFORMACION, 0 PARA HACER UNA QUEJA, H ABLE 1- 800 -925 -0965 Texas Owner Policy T -1 (Rev. 1 -1 -93) Cover Page Form 1178 - ORIGINAL Valid Only If Face Page, Schedules A and B Are Attached TEXAS OWNER POLICY OF TITLE INSURANCE ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY Co,u'M,wealu, Title Insurance Since 1876 HOME Omce: 1700 Market Strcet INTiladelphla, PA 19103 -3990 B 1178 -2