R-02-10-24-11B1 - 10/24/2002RESOLUTION NO. R- 02- 10- 24 -11B1
WHEREAS, the City desires to purchase a 0.248 acre tract of land
for additional right -of -way for the CR 122 Project, and
WHEREAS, Glenn Johnston, 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 Glenn Johnston, 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 October,
A E T:
CHRISTINE R. MARTINEZ, City Secretary
:: OOMA\ WORLDOX\ O:\ WDOX\ RBSOLUTI \R21024B1.WPO/x20228f1/ac
i y
NY 4rWELL, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
REAL ESTATE CONTRACT
EXHIBIT
THIS CONTRACT OF SALE ( "Contract ") is made by and between Glenn
Johnston (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
1.01 By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, three parcels of land
situated in Williamson County, Texas, being more particularly
described as follows:
0.248 of an acre of land, more or less, out of the Robert
McNutt Survey, Abstract No. 422 in Williamson County, Texas
and being more particularly described in Exhibit "A"
attached hereto and incorporated herein,
together with all and singular the rights and appurtenances
pertaining to the property, including any right, title and interest
of Seller in and to adjacent streets, alleys or rights -of -way (all of
such real property, rights, and appurtenances being referred to in
this Contract as the "Property "), together with any improvements,
fixtures, and personal property situated on and attached to the
Property, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of
Twelve Thousand and 00 /100 Dollars ($12,000.00).
kF FCCS Y. r.op�:: OnEU /Wonw /O: /wroi:ICCRR /TRTN SRR'r /cPF2x ROW/,O.C.7ui,EAL 100e..o31,WED,1c
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 Georgetown Title
Company, Inc.(the "Title Company ") of 1717 N. Mays, 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 ten (10) 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.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before
December 15, 2002 or at such time, date, and place as Seller and
Purchaser may agree upon (which date is herein referred to as the
"Closing Date ").
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged
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
4.02
in cash.
(i) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(ii) Any exceptions approved (or deemed 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.
Purchaser's Obligations
At the Closing, Purchaser shall pay 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:
1. Owner's Title Policy paid by Purchaser;
2. Filing fees for deed paid by Purchaser;
3. All costs for obtaining releases from any lienholders shall
be paid by Seller.
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller. Purchaser
3
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 Five Hundred and no /100 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 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 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.
4
ARTICLE IX
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 EedEx 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.
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.
5
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 shall be effective as of the date it is
approved by the City Council, which date is indicated beneath the
Mayor's signature below.
SELLER:
GLENN JOHNSTON M /
Date: /O
PURCHASER:
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
221 E. Main Street
Round Rock, Texas 78664
Date: , 2002
6
DESCRIPTION
FOR A 0.248 ACRE (10,799.53- SQUARE FOOT) TRACT OF LAND SITUATED IN THE
ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, BEING A PORTION OF A 2.327 ACRE
TRACT OF LAND AS DESCRIBED IN A DEED TO BARBARA M.BACHMAN RECORDED IN
DOCUMENT NO. 9525529 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN FOR REFERENCE on an iron rod found on a point in the most northwest corner of Lot 37 of "The
Reserves at Oak Bluff Estates" a subdivision according to the Plat thereof recorded in Cabinet L Slides
176 -177 of the Plat Records of said County, same being the easterly right -of -way line of County Road 122
(C.R. 122), thence with the west boundary line of said Lot 37, same being the easterly right-of-way line of
said C.R. 122, S01 ° 39'03 "E a distance of 200.75 -feet to an iron rod found on a point being the southwest
corner of said Lot 37, being an angle point in the easterly right -of -way line of said C.R. 122, also being the
north boundary line of said 2.327 acre tract of land, thence with the easterly right-of-way line of said C.R.
122, same being the north boundary line of said 2.327 -acre tract N89 ° 49'43 "W a distance of 6.34 -feet to an
iron rod set on a point being the POINT OF BEGINNING hereof;
THENCE departing the easterly right -of -way line of said C.R. 122, through the interior of said 2.327 acre
tract, S01 ° 05'50 "E for a distance of 293.38 -feet to an iron rod set on a point in the south boundary line of
said 2.327 acre tract, same being the north boundary line of a 14.89 acre tract of land as described in a deed
to Buford Randall Jean and Jeanette A. Jean in Volume 1868, Page 325 of the Official Records of said
County;
THENCE with the south boundary line of said 2.327 -acre tract of land, same being in part the north
boundary line of said 14.89 acre tract and the easterly right -of -way line of County Road 122 (CR
122)(right-of-way width varies), N89 ° 49'09 "W for a distance of 20.37 -feet passing an iron rod found on a
point being the most northwest corner of said 14.89 acre tract, continuing for a total distance of 35.11 -feet
to a point being the most southwest comer of said 2.327 acre tract;
THENCE continuing with the easterly right -of -way line of said CR 122, same being the west boundary line
of said 2.327 acre tract, N01 ° 46'00W (Bearing Basis/Directional Control Line) for a distance of 293.47 -feet
to a point being the most northwest comer of said 2.327 acre tract;
THENCE continuing with the easterly right-of-way line of said CR 122, same being the most north
boundary line of said 2.327 acre tract, S89 ° 49'43 "E for a distance of 15.00 -feet pass an iron rod found,
continuing for a total distance of 38.53 -feet to the POINT OF BEGINNING hereof and containing 0248
acre of land.
Surveyed under the direct supervision of the undersigned:
Donald J. Kirby
Registered Professional Land Surveyor No. 2508
Baker Aicklen & Assoc.
203 E. Main St. Ste. 201
Round Rock, Tx. 78664
22aa.DOC
Y TEK 014 A c;
VOL 735, PG 4E:6
1.014 At:.
LEGEND
SKETCH TO ACCOMPANY DESCRIPTION
. IRF = IRON ROO FOUND
o = IRON ROO SET
( ) RECORD INFORMATION
P.O.B. = POINT OF BEGINNING
B.F.R. = BEGIN FOR REFERENCE
B.F.R.
P.0.B.
(589
38.53
589°4943"E
IRS
/5.00'
(15.00')
N89°49'09V
35.11'
(N894 09"W)
IRF
20.37 Rs
\.4 ■
i::E SE T
ES T.4 TES
Inio
cm
0 --
L 0 T
IRF
kN89
6.34'
SUBJECT TRACT
0.248 AC.
10,799.53 SO. FT
BARBARA M. BACHMAN
2.327 AC.
DOC. 9525529
1
IJ r".1:.
..,-
I
es e • - •
•
LIFORD RA NDA L .1EA N
NE T TE A. iEA N
VOL
EXHIBIT "A"
DATE: 4-2000
JOB No.: 601-758-10
File:
BY: BKS
SCALE: 1"=50'
Baker-Alcklen
& Associates, Inc.
Englneers/Surveyors
DATE: October 18, 2002
SUBJECT: City Council Meeting — October 24, 2002
ITEM: 11.B.1. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Glenn Johnston for right -of -way for the CR
122 project.
Resource Person: Steve Sheets, City Attorney
Erik Cardinell, Attorney
History: This contract with Glenn Johnston is for right -of -way acquisition for the CR 122
project.
Funding:
Cost: $12,000
Source: N/A
Outside Resources: N/A
Benefit: Improved mobility on CR 122
Public Comment: N/A
Sponsor: N/A
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between Glenn
Johnston (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
1.01 By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, three parcels of land
situated in Williamson County, Texas, being more particularly
described as follows:
0.248 of an acre of land, more or less, out of the Robert
McNutt Survey, Abstract No. 422 in Williamson County, Texas
and being more particularly described in Exhibit "A"
attached hereto and incorporated herein,
together with all and singular the rights and appurtenances
pertaining to the property, including any right, title and interest
of Seller in and to adjacent streets, alleys or rights -of -way (all of
such real property, rights, and appurtenances being referred to in
this Contract as the "Property "), together with any improvements,
fixtures, and personal property situated on and attached to the
Property, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum of
Twelve Thousand and 00 /100 Dollars ($12,000.00).
�_: uaa4/ u�a�n�.[/ o:/ ppci:/ CCRR/ TR I.NSeamicxl�2xow /.�oxi��'TO�!; eeri,e�jo O..o3. 1_Ne�?]�
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 Georgetown Title
Company, Inc.(the "Title Company ") of 1717 N. Mays, 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 ten (10) 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.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before
December 15, 2002 or at such time, date, and place as Seller and
Purchaser may agree upon (which date is herein referred to as the
"Closing Date ").
Seller's Obligations
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged
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
(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.
4.02
in cash.
(i) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(ii) Any exceptions approved (or deemed approved) by
Purchaser pursuant to Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
Purchaser's Obligations
At the Closing, Purchaser shall pay 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:
1. Owner's Title Policy paid by Purchaser;
2. Filing fees for deed paid by Purchaser;
3. All costs for obtaining releases from any lienholders shall
be paid by Seller.
ARTICLE V
REAL ESTATE COMMISSIONS
Seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller. Purchaser
3
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 Five Hundred and no /100 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 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 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.
4
ARTICLE IX
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.
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.
5
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 shall be effective as of the date it is
approved by the City Council, which date is indicated beneath the
Mayor's signature below.
SELLER:
GLENN JOHNSTON
Date: /O /6-D.2.--/
PURCHASER:
CITY OF OU o RO
By:
axwell, Mayor
221 E. Main Street
Round Rock, Te:fas 78664
Date: l(�- ''2- , 2002
6
DESCRIPTION
FOR A 0248 ACRE (10,799.53 - SQUARE FOOT) TRACT OF LAND SITUATED IN THE
ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, BEING A PORTION OF A 2.327 ACRE
TRACT OF LAND AS DESCRIBED IN A DEED TO BARBARA M.BACHMAN RECORDED IN
DOCUMENT NO. 9525529 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN FOR REFERENCE on an iron rod found on a point in the most northwest corner of Lot 37 of "The
Reserves at Oak Bluff Estates" a subdivision according to the Plat thereof recorded in Cabinet L Slides
176 -177 of the Plat Records of said County, same being the easterly right -of -way line of County Road 122
(C.R. 122), thence with the west boundary line of said Lot 37, same being the easterly right -of -way line of
said C.R. 122, S01 ° 39'03 "E a distance of 200.75 -feet to an iron rod found on a point being the southwest
corner of said Lot 37, being an angle point in the easterly right -of -way line of said C.R. 122, also being the
north boundary line of said 2.327 acre tract of land, thence with the easterly right -of -way line of said C.R.
122, same being the north boundary line of said 2.327 -acre tract N89 ° 49'43 "W a distance of 6.34 -feet to an
iron rod set on a point being the POINT OF BEGINNING hereof;
THENCE departing the easterly right -of -way line of said C.R. 122, through the interior of said 2.327 acre
tract, S01 ° 05'50 "E for a distance of 293.38 -feet to an iron rod set on a point in the south boundary line of
said 2.327 acre tract, same being the north boundary line of a 14.89 acre tract of land as described in a deed
to Buford Randall Jean and Jeanette A. Jean in Volume 1868, Page 325 of the Official Records of said
County;
THENCE with the south boundary line of said 2.327 -acre tract of land, same being in part the north
boundary line of said 14.89 acre tract and the easterly right -of -way line of County Road 122 (CR
122)(right -of -way width varies), N89 ° 49'09 "W for a distance of 20.37 -feet passing an iron rod found on a
point being the most northwest corner of said 14.89 acre tract, continuing for a total distance of 35.11 -feet
to a point being the most southwest corner of said 2.327 acre tract;
THENCE continuing with the easterly right -of -way line of said CR 122, same being the west boundary line
of said 2.327 acre tract, N01 ° 46'00W (Bearing Basis/Directional Control Line) for a distance of 293.47 -feet
to a point being the most northwest corner of said 2.327 acre tract;
THENCE continuing with the easterly right -of -way line of said CR 122, same being the most north
boundary line of said 2.327 acre tract, S89 ° 49'43 "E for a distance of 15.00 -feet pass an iron rod found,
continuing for a total distance of 38.53 -feet to the POINT OF BEGINNING hereof and containing 0.248
acre of land.
Surveyed under the direct supervision of the undersigned:
Donald J. Kirby
Registered Professional Land Surveyor No. 2508
Baker Aicklen & Assoc.
203 E. Main St. Ste. 201
Round Rock, Tx. 78664
122BB.DOC
LEGEND
SKETCH TO ACCOMPANY DESCRIPTION
YTEK .(114
VOL 735, PG 465
1.014 A.s.
* IRE = IRON ROD FOUND
o IRS = IRON ROD SET
( ) = RECORD INFORMATION
= POINT OF BEGINNING
B.F.R. = BEGIN FOR REFERENCE
B.F.R.
P.O.B.
(589
38.53'
589
IRS
15.00'
05.007
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6.34'
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TRACT I
0.248 AC.
10,799.53 SO. F T
BARBARA M. BACHMAN
2.327 AC.
DOC. 9525529
k20.37
/
1■189°49
35.11'
(889
BUFORD RANDALL jEAN
jEANETTE A. lEAN
VOL 1868, PO 325
14.59 A:—
r
;
4\
DATE: 4-2000
JOB No.: 601-758-10
File:
BY: BKS
SCALE: 1"=50'
EXHIBIT "A"
K Baker-Alcklen
& Associates, Inc.
Engfneers/Surveyors
ao7Q3 t.1
111111111111111111111111111111111111111111111111111111111111 DEED
5 PGS
(; "r04"11 11 ue y' Inc. ✓ SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
2003098799
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and
such other property rights deemed necessary or convenient for the
construction, expansion, enlargement, extension, improvement, or operation
of a portion of County Road 122 ( "Project "); and,
WHEREAS, the purchase of the hereinafter - described premises has been deemed
necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, GLENN JOHNSTON and wife, RHONDA JOHNSTON, 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 a 0.248 acre (10,799.53 square foot) tract of land situated
in the Robert McNutt Survey, Abstract No. 422, being a portion of
a 1.103 acre tract of land as described in a deed to Glenn
Johnston recorded in document No. 199979052 of the Official
Records of Williamson County, said 0.248 acre tract 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
and rights -of -way of record; 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
C: \WINDOWS \Temporary Internet Files \OLK4255\JOHNSTON -- Special warranty deed (9 -3-03) (00054619).DOC
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.
I WI SS WHEREOF, this instrument is uted on this the l Q day of
,G -l•L> 2003. ,�� 9 ,;
State of Texas
County of Williamson
his instrument was acknowledged before me on this the Z.0. day of
, 2003 by GLENN JOHNSTON and wife, RHONDA JOHNSTON.
JELL MORGAN
Notary Public, State
My commission.:
JULY 18,2
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
GLENN
RHONDA JOH ON
Acknowledgment
tary Public, ate
of Texas
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
Georgetown Title Company
1717 N. Mays.
Round Rock, Texas 78664
2
DESCRIPTION
FOR A 0248 ACRE (10,799.53- SQUARE FOOT) TRACT OF LAND SITUATED IN THE
ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, BEING A PORTION OF A 2.327 ACRE
TRACT OF LAND AS DESCRIBED IN A DEED TO BARBARA M.BACHMAN RECORDED IN
DOCUMENT NO. 9525529 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN FOR REFERENCE on an iron rod found on a point in the most northwest corner of Lot 37 of 'The
Reu:rves at Oak Bluff Estates" a subdivision according to the Plat thereof recorded in Cabinet L Slides
176 -177 of the Plat Records of said County, same bang the easterly right-of-way line of County Road 122
(C.R. 122), thence with the west boundary line of said Lot 37, same being the easterly right -of -way Tine of
said C.R. 122, S01'39'03"E a distance of 200.75 -feet to an iron rod found on a point being the southwest
corner of said Lot 37, being an angle point in the easterly right -of -way line of said C.R. 122, also being the
north boundary lint of said 2.327 acre tract of land thence with the easterly right -ofway line of said C.R.
122, same bring the north boundary line of said 2.327 -sue tract N89•49'43 "W a distance of 6.34 -feet to an
iron rod set on a point being the POINT OP BEGINNING hereof.
THENCE departing the easterly right-of -way line of said C.R. 122, through the interior of said 2.327 acre
tract, S01105'50"E for a distance of 293.38 -feet to an iron rod set on a point in the south boundary line of
said 2.327 acre tr act, same being the north boundary line of a 14.89 acre tract of land as described io a deed
to Buford Randall lean and leeneue A- lean in Volume 1868, Page 325 of the Official Records of said
County;
THENCE with the south boundary line of said 2327 -acre tract of land, sane being in part the north
boundary line of said 14.89 acre tract and the easterly tight-of-way line of County Road 122 (CR.
122Xright -of -way width varies), N89 for a disomce of 20.37-feet passing an iron and found on a
point being the most northwest corner of said 14.89 acre tact, continuing for a total distance of 35.11 -feet
to a point being the most southwest comer of said 2.327 acre tract
THENCE continuing with the easterly right-of-way line of said CR 122, same being the west boundary line
of said 2.327 we tract, N01'46'00W (Bearing Basis/Directional Control Line) for a distance of 293.47 -feet
to a point being the most northwest comer of said 2.327 ace tract
THENCE continuing with the easterly right -of - -way line of said CR 122, same being the most north
boundary line of mid 2327 acre pact, S89 °49'43"E for a distance of 15.00 -feet pus an Iran rod found
continuing for total distance of 38.53 -feet to the POINT OF BEGINNINO hereof and containing 0.248
ace of land.
Surveyed under the direct supervision of the undersigned:
Donald J. Kirby / Date
Registered Professional Land Surveyor No. 2508
Baker Aicklen & Assoc.
203 E. Main St. Ste. 201
Round Rock. Tx. 78664
EXHIBIT "A"
PAGE 1 OF 2
SKETCH TO ACCOMPANY DESCRIPTION
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LEGEND
BL OCK A
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44.. F— OAK BLUFF ESTATES
P.O.B. zr23st cAg. L SI.. !76-177
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EXHIBIT "A"
-..) SLIELIECT TRACT
0.24E1 AC.
I0.799.55 SO. FT
BUFORD RANDALL JEAN
JEANETTE A. JEAN
VOL 253, PO 325
14.59 Ac.
• IRF • IRON ROD FOUND
0 114 • WON ROO SEr
) • RECORD INFORMATION
.B. • POINT Of BEGINNING RECORDERS MEMORANDUM
F.O
All or part of the text on this page was not
&FA SEWN FOR REFERENCE clearly legible for satisfactory recordatron.
,
e.'
,
. r• t
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ci
PAGE 2 OF 2
BARBARA M. BACHMAN
2.327 AC.
DOC. 9525529
EXHIBIT "A"
OATE 4-2000
JOB No.: 601-758-10
BY: BKS
us.
SCALE: 1'=50'
t
Baker■Alaklen
lk Assoeilabs. s.
Enginans/Surroyors
CM Georgetown Title Co., Inc.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2003098799
10/07/2003 02:56 PM
CARRILLO $22.00
NANCY E. RISTER, COUNTY CLERK
UILLIAMSON COUNTY, TEXAS
FORM T -1 OWNERS POLICY OFTITLE INSURANCE
If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800- 729 -1902. If you make a claim under
yourpolicy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations.
Visit our World -Wide Web site at: http: / /www.stewart.com
Counters
mpany
Chairman of th Board
d:
■'r1 ;aria Y = ti "� �.. {'i -.vs ��T V• 4r a".t ti:
L �` OWNER'S POLICY OF TITLE INSURANCE ISSUED BY 0
stewart ®
title guaranty company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, 'r
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, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized
officers as of the date of Policy shown in Schedule A.
City, Stare
5811 (Rev. 4-4-021
0/ =rsignat /e
i/
,,,d" t4
E stewart°
0-5841-24414 6
//A /
Presnent
EXCLUSIONS FROM COVERAGE
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
arise by reason of
1. (a) My 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 enforcemerd
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, exert to the extent that a notice of the exerdse 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 Dote 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 become an insured under this policy
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Dote of Policy
(e) resulting in loss or damage which would not have been sustained 1 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
unmarkefability 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
She operation of federal bankruptcy, state insolvency, or other state of 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 rechamderization of the estate or interest insured by this Policy os a result of the application of the doctrine of equitable subcoordination, or (iii) the transaction
creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the
Company or 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
urchaser for value or a judgment or lien creditor.
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate, partnership or fiduciary
successors, and scedficolly. without limitations, the following:
(if the successors in interest to a corporation, limited tiobiity company or limited
liability partnership resulting from merger or consolidation or conversion or the distribution of
the assets of the corporation or limited liability company or limited liability partnership upon
partial or complete Iquidution;
(ii) the successors in interest to a general or limited partnership or Ignited liability
company or limited liability partnership which dissolves but does not terminate;
(iii) the successors in interest to a general or limited partnership resulting
from the distribution of the assets of the general or limited partnership upon partial
or complete liquidation
(iv) the successors in interest to a joint venture resulting from the
distribution of the assets of the joint venture upon partial or complete liquidation;
(v) the successor or substitute trustee(s) of a trustee named in a written
trust instrument; or
(vi) the successors in interest to a trustee or trust resulting from the
distribution of all or part of the assets of the trust to the beneficiaries thereof.
b) "insured claimant ": on insured claiming loss or damage.
c) "knowledge" or "known ": actual knowledge, not constructive knowledge or
notice that may be imputed to an insured by reason of the public records as defined
in this policy or any other records which impart constructive notice of matters
affecting the land.
(d) "land ": the land described or referred to in Schedule A, and improvements
affixed thereto that by law constitute real property. The term "land" does not include
any property beyond the lines of the area described or referred to in Schedule A, nor
any right, title, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent
to which a right of access to and from the land is insured by this polity.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records ": records established under stote statutes at Dote of Policy
for the purpose of imparting constructive notice of matters relating to real ro erty to
purchasers for value and without knowledge. With respect to Section 1(a 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 lond 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 prom fly 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 joss 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 rose prejudice the rights of
any insured under this polity unless the Company shall be prejudiced by the failure
and then only to the extent of the prejudice.
When, after the Date for the Policy, the insured notifies the Company as
required herein of a lien, encumbrance, adverse claim or other defect in title to the
estate or interest in the land insured by this policy that is not excluded or excepted
from the coverage of this policy, the Company shall promptly investigate the charge
to determine whether the lien, encumbrance, adverse claim or defect is valid and not
barred by jaw 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,
encumbronce, adverse doim or defect is not covered by this policy, or was otherwise
addressed in the dosing of the transaction in cannenion with which this policy was
issued, the Company shall specifically advise the insured of the reasons for its
determination. If the Company concludes that the lien, encumbrance, adverse claim
(continued and concluded
CONDITIONS AND STIPULATIONS
or defect is valid, the Company shall take one of the following onions: (i) institute
the necessary proceedings to dear the lien, encumbrance, adverse claim or defect
from the title to the estate as insured; (ii) indemnify the insured as provided in this
policy (iii) upon payment of appropriate premium and charges therefor, issue to the
insured claimant or to a subsequent owner, mortgagee or holder of the estate or
interest in the land insured by this policy, a policy of title insurance without exception
for the lien, encumbrance, adverse claim or defect, said policy to be in an amount
equal to the current value of the property or, if a mortgagee policy, the amount of
the loan (iv) indemnify another title insurance company in connedion with its
issuance of a poliry(ies) of title insurance without exception for the lien,
encumbrance, adverse claim or defect (v) secure a release or other document
discharging the lien, encumbrance, adverse claim or defect or (vi) undertake o
combination of (i) through (v) herein.
4 DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO
COOPERATE.
(o) 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
M which any third parry asserts a claim adverse to the title or interest as insured, but
only as to those stated causes of action alleging a defect, lien or encumbrance or
other matter insured against by this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of anion 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 adion or proceeding or to do any other act that in its opinion may be necessary
or desirable to establish the title to the estate or interest, as insured, or to prevent or
reduce loss or damage to the insured. The Company may take any appropriate
adion under the terms of this policy, whether or not it shall be liable hereunder, and
shall not thereby concede liability or waive any provision of this policy. If the
Company shall exercise it rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall hove 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 anion or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the adion or proceeding,
and all appeals therein, and permit the Company to use, at its option, the name of
the insured for this purpose. Whenever requested by the Company, the insured, at
the Company's expense, shall give the Company all reasonable aid (i) in any action
or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (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 liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters requiring
such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 91
days after the insured claimant shall ascertain the fads giving rise to the loss or
damage. The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this policy that
constitutes the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of �oss or
damage, the Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and
places as may be designated by any authorized representative of the Company, all
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, if requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, for any authorized representative of
the Company to examine, inspect and copy all records, hooks, 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
on last page of this policy)
, T -1 Owner Policy Schedules - Form Prescribed by Texas Department of Insurance - Revised 1/1/93
SCHEDULE A
GF NO. 02053320 WF
Owner Policy No.: 0 -5841- 244146
Amount of Insurance: $ 12,000.00
1. Nameoflnsured: CITY OF ROUND ROCK
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK, TEXAS
Date of Policy: January 07, 2003
4. The land referred to in this policy is described as follows:
0.248 of an acre of land, more or less, out of the ROBERT MCNUTT
SURVEY, Abstract No. 422 in Williamson County, Texas, and being
more fully described by metes and bounds in Exhibit "A"
attached hereto and made a part hereof.
Street Address:
City, State & Zip:
Pin/Tax 105:
NOTE: The Company does not represent that the above acreage or
square footage calculations are correct.
FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION.
The Company has not verified, does not insure and makes no representation that the information below is about the above insured property. According to
insured's representation or vesting instrument(s), the street address and pin /tax ID# of the property have been represented to the Company as follows:
5012 (Rev. 1/1/93)
STEWART TITLE
GUARANTY COMPANY
' T -1 Owner Policy Schedules - Form Prescribed by Texas Department of Insurance - Revised 1/1/2000
OWNER POLICY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
GF 02053320 W Policy No.: 0- 5841244146
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's
fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any,
shown in Schedule A, and the following matters:
y ob 46116))/atijXr149tg7et1416 Sot Hit X:1 Meth itkiNakrli tlYt/Ol nMXtl60) 6111p4d0 thkItt)14it/110(iNall
ildiff6(rb tliklJ 4XtribM IMNW MIX iliteOtYdb):
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public,
corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right
of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year2004 , 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 bel ow
6. The following matters and all terms of the documents creating or offering evidence of the matters
(The Company must insert matters or delete this exception.):
7. 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 as set out in Deed dated October 6, 2003,
executed by Glenn Johnston and wife, Rhonda Johnston to the
City of Round Rock, Texas, recorded under Document No.
2003098799, Official Public Records, Williamson County, Texas
and all rights incident thereto. Title to said reservation has
not been examined subsequent to its date of execution.
8. Easement and right -of -way for electric power line to Texas
Power & Light Company, dated March 7, 1984, recorded in Volume
1126, Page 298, Official Records, Williamson County, texas.
9. An undivided one -half (1/2) in all oil, gas and other minerals,
and all rights incident thereto, as reserved in Deed dated
August 31, 1971, from James H. Arnold to the Veterans Land
Continued on next page
GEORGETOWN TITLE COMPANY, INC.
Countersign
5813 (Rev. 1/1/00)
Authorized Count j- ignature
STEWART TITLE
GUARANTY COMPANY
203 A
GE 02053320 WF
Attached to and made a part of Stewart Title Guaranty Company Policy No 5841 - 244146
Continuation of Schedule
B
Board of the State of Texas, recorded in Volume 538, Page 643,
Deed Records, Williamson County, Texas. Title to said
reservation has not been examined subsequent to its date of
execution.
10. 30' roadway easement along north property line as set out in
instrument dated March 21,1974, recorded in Volume 585, Page
326, Deed Records, Williamson County, Texas.
11. Easement to Texas Power & Light and Southwestern Bell dated
September 7, 1972, recorded in Volume 558, Page 307, Deed
Records, Williamson County, Texas.
12. Easement to Texas Power & Light Company and Southwestern Bell
dated March 22, 1974, recorded in Volume 600, Page 121, Deed
Records, Williamson County, Texas.
13. Easement dated August 1, 1985, granted by Rick K. Johnston and
Barbara Johnston to Ensearch Corporation, as described in
instrument recorded in Volume 1594, Page 1, and in Volume 1594,
Page 6, Official Records, Williamson County, Texas.
14. Easement dated February 29, 1984, granted by Erika Emma Meggs to
Texas Power & Light Company of Dallas, Texas, and Southwestern
Bell Telephone Company, as described in instrument recorded in
Volume 1089, Page 440, Official Records, Williamson County,
Texas.
15. The rights of Upper Brushy Creek Water Control and Improvement
District to levy taxes and issue bonds.
16. Rights of parties in possession.
17. 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 Upper Brushy Creek Water Control and
Improvement District.
Page
_stewart
title guaranty company
Stewart Title Guaranty Company. Stewart Tills Insurance Company. Stewart Title Insurance Company of
Oregon, National Land Tills Insurance Company, Arkansas Title Insurance Company, Chaser Land Tills
Insurance Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-BNley Act (OLBA) generally prohibits any financial institution, directly or Through its affiliates, from sharing
nonpublic personal Inlormallon about you with a nonaffiliated third party unless the institution provides you with a notice o1 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 Stewart TUB Guaranty Company, Stewart TUIe knsubance Company, Stewart Title Insurance Company of Oregon. National
Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company.
We may collect nonpublic personal Inlormatfon about you from the following sources:
• Information we receive Irom you, such as on applications or other forms.
• Information about your transactions we secure kom our files, or born our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others Involved in your transaction, such as the real estate agent or lender.
Unless it is specifically slated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be
collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to
nonaffiliated third parties as permitted by law.
We also may disclose this Information about our customers or former customers to the following types of nonafkllated companies that
perform marketing services on our behalf or with whom we have (oint marketing agreements:
• Financial service providers such as companies engaged In banking, consumer linance. securities and insurance.
• Non•Ilnancial companies such as envelope stulfers 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 ledaral regulations
to guard your nonpublic personal information.
Georgetown Tile Company, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Acl (OLBA) generally prohibits any financial institution. directly or through its affiliates, Irom sharing
nonpubac personal information about you with a nonaffiliated thkd 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 parsons or entries 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 personal Mlormalion about you from the following sources:
• Information we receive from you, such as on applications or other forma.
• Information about your Iranaacllona we secure Irom our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive Irom otters involved in your Transaction, such as the real estate agent or tender.
Unless it is specifically stated otherwise In an emended 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 toner customers to our affiliates or to
nonaffiliated third parties as permitted by law.
We also may dispose this Information about our customers or former customers to the following types of nonaffiliated companies that
perform marketing services on our behalf or with whom we have ioinl marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance. securities and insurance.
• Non - financial companies such as envelope shifters 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
lo guard your nonpublic personal Inlbrmaban.
1 -800- 252 -3439
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CALL STEWART TITLE GUARANTY COMPANY'S TOLL FREE TELEPHONE NUMBER FOR
INFORMATION OR TO MAKE A COMPLAINT AT
1 -800- 729 -1902
YOU MAY ALSO WRITE TO STEWART TITLE GUARANTY COMPANY AT:
P. O. BOX 2029
HOUSTON, TX 77252-2029
YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON
COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE
P. O. BOX 149104
AUSTIN, TX 75714-9104
FAX 4 (512) 475 -1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD
CONTACT THE COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE
TEXAS DEPARTMENT OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE
ATTACHED DOCUMENT.
Note: Attach this notice as the first, second or third page of the policy.
, 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 rase of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy,
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, u p 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 polity other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With
the Insured Claimant.
(i) to pay or otherwise settle with other parties for or 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, LOTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exceed the least
of:
r) the Amount of Insurance stated in Schedule A
ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy at the date the insured claimant is
required to furnish to Company a proof of loss or damage in accordance with Section
5 of these Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Dote 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 or if subsequent to the Dote of
Policy and improvement is erected on the land which increases the value of the
insured estate or interest by of 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 Date of Policy or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shell only pay the loss pro rata in the proportion that 120 percent
of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of
Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorney's fees and
expenses for which the Company is liable under this policy, and shall only apply to
that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorney's fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
CONDITIONS AND STIPULATIONS Continued
(cominued and concluded from reverse side of Policy Face)
B. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not
used as a single site, and a loss is established affecting one or more of the parcels
but not all, the loss shell be computed and settled on a pro rata basis as if 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 defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, all as insured,
or takes action in accordance with Section 3 or Section 6, in o 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 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' fees
and expenses, shall reduce the amount of insurance pro canto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company may pay under any policy insuring a
mortgage to which exception is taken in Schedule B or to which the insured has
agreed, assumed or token 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.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a ) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid o 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 hod 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 perfed this right of subrogation. The
insured claimant shall permit the Company to sue, compromise or settle in the name
of the insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any ad of the insured claimant, as stated above, that
act shall not void this policy, but the Company, in that event, shall be required to poy
only that p art of any losses insured against by this policy that shall exceed the
amount, ifany, 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,
guarontSgs, other polides 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 ar the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may indude, but are not
limited to, any controversy or daim between the Company and the Insured arising
out of or relating to this policy, any service of the Company in connedion 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 either the Company or the insured, unless the insured is an individual
l person (as distinguished from a corporation, trust, partnership, association or other
egal entity). All arbitrable matters when the Amount of Insurance is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Insured. Arbitration pursuant to this policy and under the Rules in effect on the date
the demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The aword may include
attorney's fees onl if the laws of the state in which the land is located permit a court
to award attorneys fees to a prevailing parry. Judgment upon the award rendered
by the Arbitrator s) may be entered in any court having jurisdiction thereof.
The low of the situ: of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a( This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and'
which arises out of the status of the title to the estate or interest covered hereby or By
any action asserting such daim, shall be restrided to this policy.
(c) No amendment of or endorsement to This policy can be made except by a
writing endorsement hereon or attached hereto signed by either the President, o Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252 -2029.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, 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.
Estewart®