R-80-309 - 7/10/1980Austin Office
810 1'nitcd Bunk Toner
400 went 15th Street
AuntIn, Texas 78701
512J 477 -6774
Garry Mauro
11,1 R'cndler, Sr
David Iln,oke
Ken NIunning
Shurnn Warner
Legal Anslstunts
Miguel -Mike' Guerrero
foul Barr(,
Don Wolf
City Attorney
214 East Main
Round Rock, Texas 78664
Dear Don:
Mauro, Wendier, Sheets & Associates
Attorneys at Law
March 18, 1986
Re: 3.974 acres out of the
P.A. Holder Survey A -297
Round Rock Office
MBank Building
1111 X. 111.35, Suite 210
Round Rock, Terns 78664
512125543677
Stephan 1. Sheets
Wayne Porter
Kevin Bender..
Enclosed please find an Owner's Title Policy and letter I
recently received from Georgetown Title. I'm not positive I know
what this is but I think I remember the City buying a tract from
the Lutheran Social Service of Texas, Inc. a couple of years ago.
If you have trouble figuring out what it is let me know and I'll
help you dig through the old files.
SLS /jm
enclosure
Sincere
Y.
Stephan L. Sheets
Mr. Stephen L. Sheets
Attorney At Law
1111 North IH 35 Suite 210
Round Rock, Texas 78664
Dear Mr. Sheets:
LW
g eor3etown
79 O. ox 689
' 20.g0town,'xas 78626
AREA CODE 512
GEORGETOWN 1383 -5501 AUSTIN 255-5863
Reliable land title information for Williamson County since 1893
gJ itIe
P. 0. Box 835
an✓
9e„4, g:xa. 78664
January 23, 1986
Ver / ruly yours,
1 C
Wolf
AREA CODE 512
ROUND ROCK 255-5838
Re: GF# 17152
The City of Round Rock
3.974 acres out of the
P. A. Holder Survey A -297
Concerning the above referenced transaction, we enclose herewith an Owner's
Title Policy covering the purchase from Lutheran Social Service of Texas, Inc.
We "stumbled" upon this file and appears we have issued what was requested.
If you should have any questions regarding this matter, please advise.
T -1 Owner Policy—Form Prescribed by State Board of Insurance of Texas — Revised 3.1 -1985
I
r e
.
le
Aza
STEWART TITLE
G I T A R A N T Y COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby
guarantee to the Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to the ,
estate or interest in the land described or referred to in this policy.
The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall 1 a
the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its A4.
own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, ,pt
or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall
not be required to defend against any claims based upon matters In any manner excepted under this policy by the excep-
tions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy ", of the Conditions and �i `�
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement i3
Stipulations
of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of ;
the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or
)
right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, . ;
claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liability of the '∎ #'
Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that i')V�
the adverse interest, claim or right established may bear to the whole estate or interest in the land, such ratio to be based
on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is re- . ��';
lieved from all liability with respect to any such interest, claim or right; provided, however, that failure to notify shall not )+P
prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with pro- 4+
cess therein, nor have any knowledge thereof, not in any case, unless the Company shall be actually prejudiced by such )0)
failure.
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy ')
and the Insured shall for a period of twenty -five years from the date hereof remain fully protected according to the terms .
hereof, by reason of the payment of any loss, he, they or it may sustain on account of any warranty of title contained in the '>ita
transfer or conveyance executed by the Insured conveying the estate or interest in the land. The Company shall be liable (r ,I
under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded i,
either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy. 0
I p. » /,
IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its y
Chairman and President under the seal of the Company, but this policy is to be valid only when it bears an authorized 4 .
countersignature, as of the date set forth in Schedule A.
�A�4
STEWART TITLE ,
GUARANTY COMPANY
/C2747‘elq :::
l:�'r
•
` P
Chairman of the Board
Countersigned
... .mss.. PoL
� =�.� may.
0.5801- 400406 A
President
4 � v4 a k n;
3.jr
581 (Rev. 3 -1 -85)
1. Definitions
The following terms when used in this policy mean:
(a) "land ": The land described, specifically or by reference, in
Schedule A, and improvements affixed thereto which by law
constitute real property.
(b) "public records ": Those records which impart constructive
notice of matters relating to the land.
(c) "knowledge ": Actual knowledge, not constructive knowledge
or notice which may be imputed to the Insured by reason of any
public records.
(d) " date": The effective date, including hour if specified.
(e) "insured ": The Insured named in Schedule A and, subject to
any rights or defenses the Company may have had against the named
Insured or any person or entity who succeeds to the interest of such
named Insured by operation of law as distinguished from purchase,
any person or entity who succeeds to the interest of such named
Insured by operation of law as distinguished from purchase including
but not limited to the following:
(1) heirs, devisees, distributees, executors and administrators;
(ii) the successors in interest to a corporation resulting from
merger or consolidation or the distribution of the assets of such
corporation upon partial or complete liquidation;
(iii) the partnership successors in interest to a general or
limited partnership which dissolves but does not terminate;
(iv) the successors in interest to a general or limited partner-
ship resulting from 'the distribution of the assets of such general or
limited partnership upon partial or complete liquidation;
(v) the successors in interest to a joint venture resulting
from the distribution of the assets of such joint venture upon partial
or complete liquidation;
IQ the successor or substitute trustee of a trustee named in a
written trust instrument; or
(vii) the successors in interest to a trustee or trust resulting
from the distribution of all or part of the assets of such trust to the
beneficiaries thereof.
2. Exclusions from the Coverage of this Policy
THE POLICY DOES NOT INSURE AGAINST LOSS OR DAM-
AGE BY REASON OF THE FOLLOWING:
(a) LACK OF ADEOUATE TITLE IN THE INSURED PROP-
ERTY TO ALLOW IT TO BE USED SOLD, TRANSFERRED,
LEASED OR MORTGAGED FOR ANY PURPOSE INTENDED BY
THE INSURED NOR LOSS OF OPPORTUNITY OR ECONOMIC
EXPECTATION.
(b) Governmental rights of police power or eminent domain
unless notice of the exercise of such rights appears in the public
records at the date hereof; and the consequences of any law,
ordinance or governmental regulation including, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not
limited to persons, corporations, governments or other entities to
tidelands, or lands comprising the shores or beds of navigable or
perennial rivers and streams, lakes, bays, gulfs or oceans, or to any
land extending from the line of mean low tide to the line of
vegetation, or to lands beyond the line of the harbor or bulkhead lines
as established or changed by any government, or to filled -in lands, or
artificial islands, or to riparian rights, or the rights or interests of the
State of Texas or the public generally in the area extending from the
line of mean law tide to the line of vegation or their right of access
thereto, or right of easement along and across the same.
(d) Defects, liens, encumbrances, adverse claims, or other matters
(1) created, suffered, assumed or agreed to by the Insured; (2) not
known to the Company and not shown by the public records but
known to the Insured either at the date of this policy or at the date
the Insured acquired an estate or interest insured by this policy and
not disclosed in writing by the Insured to the Company prior to the
data such Insured became an Insured hereunder; (3) resulting in
no loss or damage to the Insured; (4) attaching or created subsequent
to the data of this policy; (5) resulting in loss or damage which would
not have been sustained if the Insured had paid value for the estate or
interest insured by this policy; or (6) the homestead or community
property or survivorship rights, if any, of any spouse of any Insured.
GENERAL CONDITIONS AND STIPULATIONS
3, Defense and Prosecution of Actions
(a) In all cases where this policy provides for the defense of any
action or proceeding, the Insured shall secure to the Company the
right to so provide defense in such action or proceeding, and all
appeals therein, and permit it to use, at its option, the name of the
Insured for such purpose.
(b) The Company shall have the right to select counsel of its own
choice whenever it is required to defend any action or proceeding,
and such counsel shall have complete control of said defense.
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the
Company may take any appropriate action under the terms of the
policy, whether or not it shall be liable thereunder, and shall not
thereby concede liability or waive any provision of this policy.
When after the date of the policy, the Insured notifies the Company
as required herein of a lien, encumbrance, adverse claim or other
defect in title to the estate or interest in the land insured by this
policy which is not excluded or excepted from the coverage of this
policy, the Company shall promptly investigate such charge to deter-
mine whether the lien, encumbrance, adverse claim or defect is valid
and not barred by law or statute. The Company shall notify the
Insured in writing, within a reasonable time, of its determination
as to the validity or invalidity of the Insured's claim or charge under
the policy. If the Company concludes that the lien, encumbrance,
adverse claim or defect is not covered by this policy, or was other-
wise addressed in the closing of the transaction in connection with
which this policy was issued, the Company shall specifically advise
the Insured of the reasons for its determination. If the Company
concludes that the lien, encumbrance, adverse claim or defect is
valid, the Company shall take one of the following actions:
(1) institute the necessary proceedings to clear the lien, encumbrance,
adverse claim or defect from the title to the estate as insured;
(2) indemnify the Insured as provided in this policy; (3) upon
payment of appropriate premium and charges therefor, issue to the
current Insured 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; (4) indemnify another title insurance company in connection
with its issuance of a policylies) of title insurance without exception
for the lien, encumbrance, adverse claim or defect; (5) secure a release
or other document discharging the lien, encumbrance, adverse claim
or defect; or (6) undertake a combination of 1. through 5. herein.
(d) Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any such 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.
(e) Whenever requested by the Company, such insured shall give
the Company all reasonable aid in any such action or proceeding, in
effecting settlement, securing evidence, obtaining witnesses, or
prosecuting or defending such action or proceeding, and the Company
shall reimburse such insured for any expense so incurred.
(f) Any action taken by the Company for the defense of the
Insured or to establish the title as insured, or both, shall not be con-
strued as an admission of liability, and the Company shall not thereby
be held to concede liability or waive any provision of this policy.
4. Payment of Loss
(a) No claim shall arise or be maintainable under this policy for
liability voluntarily assumed by the Insured in settling any claim or
suit without written consent of the Company.
(b) All payments under this policy, except payments made for
costs, attorney fees and expenses, shall reduce the amount of the
insurance pro tanto; and the amount of this policy shall be reduced
by any amount the Company may pay under any policy insuring the
validity or priority of any lien excepted to herein or any instrument
hereafter executed by the Insured which is a cfarge or lien on the
T.1 Owner Policy Schedules —Form Prescribed by State Board of Insurance of Texas — Revised 3 -1 -1983
SCHEDULE A
GF 17152 5
GF No. 400406 A
Owner Policy No. 0 -5801-
THE CITY OF ROUND ROCK
NAME OF INSURED:
Fold
Amount
1. The estate or interest in the land insured by this policy is (Fee Simple, Leasehold, Easement, etc. —
Identify or Describe) FEE SIMPLE
2. The land referred to in this policy is described as follows:
BEING 3.974 acres of land out of' the P. A. Holder Survey,
Abstract No. 297, in Williamson County, Texas, and being more
fully described by metes and bounds as shown on Exhibit "A"
attached hereto and made a part hereof.
NONE
Countersigned.
BY
581213 25M 2.85
$7,948.00
11Y�
ed CouMa[s nature
SCHEDULE B
Date of Policy:
March 15, 1983
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements,
insured, if any, shown in Schedule A, and to the following matters which are additional exceptions frorh the coverage of
this Policy:
1. The following restrictive covenants of record itemized below (insert specific recording data or state "None of Record") -
NONE OF RECORD
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of
improvements.
3. Taxes for the year 19 80 and subsequent years, and subsequent assessments for prior years due to change
In land usage or ownership
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s)
Blanket sewer line easement dated February 10, 1939, to the
5. City of Round Rock, recorded in Volume 294, Page 380, Deed
Records, Williamson County, Texas.
GEORGETOWN TITLE COMPANY, INC.
Continued on next page
STEWART TITLE
GUARANTY COMPANY
Fold
Continuation Form 203 -A -T
Continuation of Schedule B
GF 17152 5
Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 -5801- 400406 A
6. Easement dated December 27, 1944, to Texas Power & Light Co.,
recorded in Volume 328, Page 334, Deed Records, Williamson
County, Texas.
7. Existing sewer line as set out in easement dated September 15,
1978, as shown on plat prepared by Haynie and Kaltman, Inc.
8. The following easements, if located so as to affect this
property: a. Easement dated July 17, 1925, to Lone Star State
& Power Co., recorded in Volume 226, Page 2, Deed Records,
Williamson County, Texas. b. Easement dated July 18, 1925, to
Lone Star State & Power Co., recorded in Volume 222, Page
507, Deed Records, Williamson County, Texas. c. Easement
dated March 26, 1939, to Texas Power & Light Co., recorded in
Volume 294, Page 520, Deed Records, Williamson County, Texas.
d. Easement dated November 18, 1940, to Texas Power & Light
Co., recorded in Volume 308, Page 33, Deed Records, Williamson
County, Texas. e. Easement dated March 29, 1972, to City of
Round Rock, recorded in Volume 547, Page 495,•Deed Records,
Williamson County, Texas.
9. Reversionary rights in favor of Lutheran Social Service of
Texas, Inc., as retained in a deed to City of Round Rock,
dated June 19, 1980, and recorded in Volume 909, Page 810,
Deed Records, Williamson County, Texas.
10. Rights of parties in possession.
11. Visible and apparent easements, if any.
150M 9.85)
Page
STEWART TITLE
GUARANTY COMPANY
EXHIBIT "A" \ /
BEING a 3.974 acre tract or parcel of land out of the P.A. Holder Survey, Abstract No.
297 situated in Williamson County, Texas, and also being a portion of a 43 acre tract
conveyed to the Lutheran Welfare Society of Texas described in a deed recorded in Volume
298, Page 549 of the Deed Records of said County;
Beginning at an iron pin found by a fence corner at the most easterly ell corner in
the East line of said 43 acre tract for the Southeast corner hereof, said point. being
in the North line of First Amended Addition to Trinity Place, a subdivision "recorded
in Volume 2, Page 147 of the Plat Records of said County;
THENCE S 72 degrees 30'20" W, along a portion of the South line of said 43 acre tract,
684.36 feet to an iron pin set for the Southwest corner hereof, being S 72 degrees 30'20"
W, 34.16 feet from the Northwest corner of said subdivision;
THENCE N 42 degrees 48' W, 162.86 feet to an iron pin set for the most westerly Northwest
corner hereof, being in the South line of a 4.0 acre tract conveyed to the City of Round
Rock described in a deed recorded in Volume 294, Page 378 of said Deed Records;
THENCE N 72 degrees 30' E, 378.92 feet along said South line to an iron pin set for
the Southeast corner of said 4.0 acre tract, being an ell corner hereof;
THENCE North 222.96 feet along the East line of said 4.0 acre tract to an iron pin set
for the most northerly Northwest corner hereof, said point being the Southeast corner
.,'of a 0.084 acre tract surveyed this day and also being distant, South 7.75 feet from
the Northeast corner of said 4.0 acre tract; -
THENCE S 89 degrees 48'55" E, 401.23 feet to an iron pin set under a fence along the
East line of said 43 acre tract for the Northeast corner hereof;
THENCE S 00 degrees 10'45" E, 249.36 feet along said East line to the Point of Beginning
of this described tract containing 3.974 acres of land more or less.
GENERAL CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
land, and the amount so paid shall be deemed a payment to the
Insured under this policy.
(c) The Company shall have the option to pay or settle or
compromise for or in the name of the Insured any claim insured
against by this policy, and such payment or tender of payment,
together with all costs, attorney fees and expenses which the
Company is obligated hereunder to pay, shall terminate all liability of
the Company hereunder as to such claim. Further, the payment or
tender of payment of the full amount of this policy by the Company
shall terminate all liability of the Company under this policy.
Id) Whenever the Company shall have settled a claim under this
policy, all right of subrogation shall vest in the Company unaffected
by any act of the Insured, and it shall be subrogated to and be
entitled to all rights and remedies of the Insured against any person or
property in respect to such claim. The Insured, if requested by the
Company, shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect such right
of subrogation, and shall permit the Company to use the name of the
Insured in any transaction or litigation involving such rights or remedies.
5. Policy Entire Contract
Any action, actions or rights of action that the Insured may have,
or may bring, against the Company, arising out of the status of the
title insured hereunder, must be based on the provisions of this policy,
and all notices required to be given the Company, and any statement
in writing required to be furnished the Company, shall be addressed
to it at P. 0. Box 2029, Houston, Texas 77252.
6. This policy is not transferable.
7. 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 may also write
the State Board of Insurance, Department C, 1110 San Jacinto Blvd.,
Austin, Tx, 78786. This notice of complaint procedure is for infor-
mation only and does not become a part or condition of this policy.
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 190
A NAM E
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS +m
._....� ��
RESOLUTION NO. c3(/ R
WHEREAS, the City of Round Rock has entered into an
agreement with the Lutheran Social Service of Texas, Inc.,
for the acquisition of additional land to expand the City's
sewage treatment plant, and
WHEREAS, the agreement provides for the exchange of
certain tracts of real estate between the City and the
Lutheran Social Service of Texas, Inc., and
WHEREAS, a Deed of Exchange has been executed by the
Lutheran Social Service of Texas, Inc., and
WHEREAS, the City Council desires to execute said Deed
of Exchange, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT
The Mayor of the City of Round Rock, Texas, is hereby
authorized and directed to execute on behalf of the City
duplicate originals of a Deed of Exchange, a copy of said
Deed being attached hereto and incorporated herein for all
purposes.
RESOLVED this 10th day of July, 1980.
/ •
/`ti - JO
T'N, - or
City of Round Rock, Texas