R-81-389 - 5/28/1981D. B. Wood, J. R. Avant,
Joan Wood Avant
Grantor
STATE OF TEXAS
COUNTY OF WILLIAMSON
8795
EASEMENT
VOL 844mE 169
The City of Round Rock
Grantee
. KNOW ALL MEN BY THESE PRESENTS:
That D. B. Wood, Bernice Wood, James Ross Avant, Joan
Wood Avant, , :im Fares — .4 , and 3
Weed—A-vant, herein called Grantor (whether one or more), for
a good and valuable consideration paid by the City of Round
Rock, Texas, a municipal corporation, herein called Grantee,
receipt of which consideration is hereby acknowledged, does
hereby Grant, Sell, and Convey, unto Grantee an easement and
right -of -way upon and across the following described property
of Grantor:
A tract of land situated in the Joseph Fish Survey,
Abstract No. 232, and the Issac Donagan Survey,
Abstract No. 178, Williamson County, Texas, also
being the remainder of those certain lands conveyed
to D. B. Wood by deed recorded in Vol. 271, page
314, of the Deed Records of said County.
The easement and right -of -way hereby conveyed shall be upon
and across a thirty foot (30') wide strip of the above
described property, said strip more particularly described as
follows:
As described in Exhibit "A" attached hereto and
incorporated herein.
The aforesaid thirty foot (30') wide easement is hereinafter
referred to as the "strip ".
The right -of -way, easement, rights, and privileges here-
in granted shall be used for the purpose of placing,
constructing, operating, enlarging, repairing, maintaining,
rebuilding, replacing, relocating, and removing a raw water
transmission pipeline with all necessary conduits, valves,
vaults, manholes, ventilators and appurtenances.
Except as otherwise noted, the easement, rights, and
privileges herein granted shall be perpetual. Grantor hereby
vo< 844PAGE 170
binds himself, his heirs, and legal representatives, to War-
rant and Forever Defend the above described easement and
rights unto Grantee, its successors, and assigns, against
every person whomsoever lawfully claiming or to claim the
same or any part thereof.
The easement, rights, and privileges granted herein are
exclusive, and Grantor covenants that he will not convey any
other easement or conflicting rights within the strip covered
by this grant, without the express written consent of Gran-
tee, which consent shall not be unreasonably withheld. Gran-
tee shall have the right for a period not exceeding thirty
(30) days to review any such proposed easement or conflicting
use, including the plans and specifications of any improve-
ments to be constructed thereon to determine the effect, if
any, on the water line contemplated herein. If conflict
appears likely, prior to granting its consent for other
easement, Grantee may require reasonable safeguards to pro-
tect the integrity of the water line.
Grantor further grants to Grantee:
(a) the right to grade the strip of land for the full
width thereof and to extend the cuts and fills for such
grading into and on the land along and outside the strip
to such extent as Grantee may find reasonably necessary;
(b) the right from time to time to trim and to cut down
and clear away any and all trees and brush now or
hereafter on the strip and to trim and to cut down and
clear away any trees on either side of the strip which
now or hereafter in the opinion of Grantee may be a
hazard to the pipelines, valves, appliances or fittings,
by reason of the danger of falling thereon, or which may
interfere with the exercise of Grantee's rights here-
under; provided, however, that all trees which Grantee
is hereby authorized to cut and remove, if valuable for
timber or firewood, shall continue to be the property of
Grantor, but all tops, lops, brush and refuse wood shall
be burned or removed by Grantee;
(c) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross the
strip;
(d) the right to mark the location of the strip by
suitable markers set in the ground; provided that such
markers shall be placed in fences or other locations
which will not interfere with any reasonable use Grantor
shall make of the strip.
Grantee hereby covenants and agrees:
(a) Grantee shall not fence the strip;
(b) Grantee shall promptly backfill any trench made by
it on the strip and repair any damage it shall do to
Grantor's private roads, lanes, gates or fences on the
lands;
(c) shall indemnify against any loss and damage which
shall be caused by the exercise of the rights of ingress
and egress or by any wrongful or negligent act or
omission of its agents or employees in the course of
their employment.
(d) the pipeline shall be buried at a depth of not less
than three (3) feet;
(e) Grantee shall, during construction and afterwards,
take whatever precautions are necessary to prevent live-
stock from escaping from any fenced enclosure crossed by
the strip.
Grantor also retains, reserves, and shall continue to
enjoy the surface of such strip for any and all purposes
which do not interfere with and prevent the use by Grantee of
the within easement including the right to build and use the
surface of the herein granted easement for drainage ditches
and private streets, roads, driveways, alleys, walks, gar-
dens, lawns, parking areas and other like uses and /or to
dedicate all or any part of the surface of the property
affected by this easement to any city or county for use as a
public street, road or alley; provided the Grantor shall not
- 3 -
uoL 844PacE 171
vol 844PAGE 172
erect or construct any building or other structure, or drill
or operate any well, or construct any reservoir or other
obstruction on the strip, or diminish or substantially add to
the ground cover over the pipelines. Provided however, not
less than thirty (30) days before beginning the construction
of any of the above permitted improvements, the plans there-
for shall be submitted to Grantee for its review.
In addition to the easements, rights, and privileges
herein conveyed, Grantee shall have the right to use for a
temporary construction easement so much of the surface of the
hereinbefore- described property of Grantor as may be reasona-
bly necessary to construct and install within the right -of-
way granted hereby the facilities contemplated by this grant;
but in no event shall the temporary construction easement be
more than eighty feet wide, which temporary construction
easement shall include the thirty foot (30') strip herein
granted. The temporary construction easement shall expire on
October 31, 1982. Upon the completion of such construction
and installation, Grantee shall replace and restore all
fences, which may have been relocated or removed during the
construction period, and Grantee shall pay Grantor reasonable
compensation for such fences which may not be replaceable.
Grantee shall endeavor where possible to preserve and protect
all trees located outside the permanent easement but within
the temporary construction easement, but in the event that
existing trees prevent the reasonable use of the temporary
construction easement, Grantee shall have the same rights and
responsibilities concerning tree removal as in the permanent
easement.
This instrument shall be binding upon the heirs, execu-
tors, administrators, successors, and assigns of the parties
hereto.
- 4 -
IN WITNESS WHEREOF, this instrument is executed this /
day of � 1981.
THE STATE OF TEXAS
COUNTY OF FR 10
BEFORE ME, the undersigned authority, on this day person-
ally appeared D. B. Wood known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowl-
edged to me that he executed the same for the purposes and
,:consideration therein expressed.
even under my hand and seal of office on this the /8
day, df''4\A4 , 1981.
THE STATE OF TEXAS
COUNTY OF F IZ1
Given under my hand and seal of office on this the ig
Notary Public in and for
FRIO County, Texas
BEFORE ME, the undersigned authority, on this day person-
ally appeared Bernice Wood known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowl-
edged to me that she executed the same for the purposes and
consideration therein expressed.
day of f),qi , 1981.
1)
Notary Public in and for
F R10 County, Texas
- 5 -
von '844r 173
LU
Bernice Wood
J n Wood Avant
VOL 844PAGE 174
THE STATE OF TEXAS
COUNTY OF FPO
BEFORE ME, the undersigned authority, on this day person-
ally appeared James Ross Avant known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
rj,9iven under my hand and seal of office on this the 18
da in A - 1 , 1981.
THE STATE OF TEXAS
COUNTY OF F R I o
BEFORE ME, the undersigned authority, on this day person-
ally appeared Joan Wood Avant known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the pur-
poses and consideration therein expressed.
{:,,,Given under my hand and seal of office on this the IR
pt1 , 1981.
THE STATE OF TEXAS
COUNTY OF
- 6 -
Notary Public in and f
FRIO County, Texas
Notary Public in and f
FRIO County, Texas
BEFORE ME, the undersigned authority, on this day person-
ally appeared Jamie Avant Deyhle known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the pur-
poses and consideration therein expressed.
Given under my hand and seal of office on this the
day of , 1981.
Notary Public in and for
County, Texas
THE STATE OF TEXAS
COUNTY OF
VOL 844PAGE 175
BEFORE ME, the undersigned authority, on this day person-
ally appeared Jim Forest Avant known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office on this the
day of , 1981.
THE STATE OF TEXAS
COUNTY OF
Notary Public in and for
County, Texas
BEFORE ME, the undersigned authority, on this day person-
ally appeared Jeff Wood Avant known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office on this the
day of , 1981.
Notary Public in and for
County, Texas
- 7 -
VOL 844PA5E 176
FIELD NOTES OF A THIRTY (30) FOOT WIDE, 1.158 ACRE, STRIP OF LAND,
TRACT A, AND A 7.082 ACRE STRIP OF LAND, TRACT 8
(TRACT A)
FIELD NOTES describing a thirty (30) foot wide, 1.158 acre strip of
land, TRACT A, being situated in the Joseph Fish Survey, Abstract No.
232, Williamson County, Texas, also being upon a portion of the remain-
der of those certain lands conveyed to D. B. Wood by deed recorded in
Volume 271, Page 314 of the Deed Records of said County, said TRACT A,
being more particularly described by metes and bounds as follows:
BEGINNING FOR REFERENCE at Government Marker No. 105 -1 -3, being the
most Southerly corner of a 249.00 acre Tract 105 -1, conveyed to said
United States of America by deed recorded in Volume 550, Page 553 and
the Southwest corner of a 15.85 acre easement, Tract 105 -E -1, granted
to said United States of America by instrument recorded in Volume 550,
Page 553, of said Deed Records, also being an angle paint in said O. B.
Wood remainder; thence along the division line between said Tract 105 -1
and said D. B. Wood remainder, N73 ° 36'W, 122.21 feet to a point, for
the most Northerly corner and POINT OF BEGINNING of the hereinafter
described TRACT A;
THENCE along the North line hereof, the following three (3) courses:
1) S73 ° 36'E, 65.02 feet to a point, for an angle point hereof;
2) S46 ° 07'30 4 E, 95.88 feet to a point, for an angle point hereof;
3) 581 ° 18'10 "E, 1537.56 feet to a point in the fenced West line of a
333.00 acre Tract 104, conveyed to said United States of America by
Warranty Deed recorded in Volume 516, Page 349 of said Deed Records,
for the Northeast corner hereof;
THENCE along the fenced division line between said Tract 104 and said
D. B. Wood remainder S20'59'E, 34.54 feet to a point, for the Southeast
corner hereof;
THENCE along the South line hereof, the following two (2) courses:
1) N81 ° 18'10 "W, 1564.17 feet to a paint, for an angle point hereof;
2) N46 ° 07'30 "W, 163.08 feet to the POINT OF BEGINNING of the herein
described TRACT A, containing 1.158 acres or 50,424 square feet of land
more or less.
(TRACT 8)
FIELD NOTES describing a 7.082 acre strip of land situated in said
Joseph Fish Survey, Abstract No. 232 and the Issac Donagan Survey,
Abstract No. 178, of said County, also being upon a portion of said D.
B. Wood remainder, said TRACT B, being more particularly described by
metes and bounds as follows:
BEGINNING at an iron pin found at a fence corner post in the North
right -of -way line of State Highway No. 29, said point being the South-
east corner of said D. B. Wood remainder, for the Southeast corner and
POINT OF BEGINNING of the hereinafter described TRACT B;
THENCE along said North right -of -way line, for the South line hereof;
S89 ° 09'40 "W, 31.51 feet to a point, for the Southwest corner hereof;
THENCE along
es:
1) N19'11'05 "W, 2160.82 feet
2) N18 ° 24'40 4 W, 1375.19 feet
3) N18'03'50 "W, 919.73 feet
4) N17'28'40 "W, 1513.50 feet
5) N16'42'35 "W, 341.36 feet
6) N51'12'W, 120.65 feet to
7) N37'06'W, 100.42 feet to
8) N32'26'50 "E, 140.55 feet
9) N15'57'40 4 W, 146.52 feet
the West line hereof,
to a point, for
to a point, for
to a point, for
to a point, for
to a point, for
a point, for an
a point, for an
to a point, for
to a paint, for
Page 1
EXHIBIT "A"
the following fourteen (14) cours-
an angle point hereof;
an angle point hereof;
an angle point hereof;
an angle point hereof;
an angle point hereof;
angle point hereof;
angle point hereof;
an angle point hereof;
an angle point hereof;
VOL 844PAGE 177
10) N18 ° 45'55 "W, 359.20 feet to a point, for an angle point hereof;
11) N18 ° 08'W, 453.94 feet to a point, for an angle point hereof;
12) N19 ° 46'45 "W, 710.60 feet to a point, for an angle point hereof;
13) N18 ° 55'05 "W, 1099.70 feet to a point, for an angle point hereof;
14) N10'05'45 "w, 497.30 feet to a point in the South line of a 333.00
acre tract of land conveyed to The United States of America, for the
Northwest corner hereof;
THENCE along the South line of said 333.00 acres, for the North line
hereof, N71 ° 20'50 "E, 30.34 feet to a Government Marker Number 104 -2,
for the Northeast corner hereof;
THENCE along the fenced East line of said D. B. Wood remainder, the
following twenty (20) courses:
1) along the West line of Greenridge, a subdivision as shown on a
Plat of Record in Cabinet C, Slide 229 -232 of the Plat Records of said
County, S10 ° 05'50 "E, 499.52 feet to an iron pin found under said fence,
for an angle point hereof;
2) S18 ° 57'55 "E, 1096.65 feet to an iron pin found under said fence,
at the Southwest corner of said Greenridge and the Northwest corner of
Lot 13, being the Northwest corner of Oak Crest Ranchettes, Unit Two, a
subdivision as shown on a Plat of Record in Cabinet 8, Slide 177 -180 of
said Plat Records, for an angle point hereof;
3) S19 ° 42'20 "E, 711.27 feet to an iron pin found under said fence,
being an angle point in said Oak Crest Ranchettes, Unit Two, for an
angle point hereof;
4) S18'08'E, 454.22 feet to an iron pin found under said fence, being
an angle point in said Oak Crest Ranchettes, Unit Two, for an angle
point hereof;
5) 518 ° 45'55 "E, 359.77 feet to an iron pin found under said fence,
for an angle point hereof;
.6) 816'09'05 "E, 216.20 feet to a fence post at or near the centerline
of the Middle San Gabriel River, for an angle point hereof;
7) S15'42'05 "E, 159.36 feet to a point under said fence, for an angle
point hereof;
8) 516'42'05 "E, 396.62 feet to a point under said fence, for an angle
point hereof;
9) S17 ° 19'20 "E, 618.49 feet to a point under said fence, for an angle
point hereof;
10) 517'35'10 "E, 895.21 feet to an iron pin found under said fence,
for an angle point hereof;
11) S18 ° O0'05 "E, 919.90 feet to a point under said fence, for an angle
point hereof;
12) S18 ° 15'05 "E, 497.85 feet to a point under said fence, for an angle
point hereof;
13) 518'37'20 "E, 598.19 feet to a point under said fence, for an angle
point hereof;
14) S18 ° 26'50 "E, 279.24 feet to an iron pin found under said fence,
for an angle point hereof;
15) S19'16'20 "E, 383.06 feet to a point under said fence, for an angle
point hereof;
16) S19 ° 03'45 "E, 857.49 feet to a point under said fence, for an angle
point hereof;
17) S19 ° 14'45 "E, 314.65 feet to a point under said fence, for an angle
point hereof;
18) 519 ° 38'E, 256.06 feet to an iron pin found at a fence post, for an
angle point hereof;
19) S16 ° 40'45 "E, 195.54 feet to an iron pin found at a fence post, for
an angle point hereof;
20) 521 ° 45'45 "E, 164.11 feet to the POINT OF BEGINNING of the herein
described TRACT B, containing 7.082 acres or 308,474 square feet of
land more or less.
Page 2
VOL 844PAuE 178
I, Timothy E. Haynie, A REGISTERED PUBLIC SURVEYOR, do hereby certify
that these field notes accurately represent the results of an on -the-
ground survey made under my direction and supervision on the 18th day
of December, 1980. All corners located are as shown. There are no
encroachments, conflicts or protrusions apparent on the ground except
as shown.
T1MOTHY E. HAYNIE ▪ l
HAYNIE & KALLMAN, INC.
Timothy - Haynie,
Registere Public Surveyor No. 2380
Date
Page 3
iz - 1 8- 60
LEGEND
VOL 84 4 r aoE 179
SKETCH TD ACCOMPANY //LLD NOTES
OF 1158 AG. OUT OF THE. JOSE,PI -1 F /SH SURVEY
ABSTRACT V' Z32 " TRACT A "
\LL /AMSON COUNTY, TEXAS
TRACT A
D. B WOOD
Vac, 27/, ,%. 314
• CO/UC• 1
R,//v7 OF BEGINN /NG
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VI 1 } Sti " - REFERENCE Fb /NT
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Haynie & Kallman Inc.
CONSULTING ENGINEERS
2115 North Mays
Round Rock - Texas 78664
(5121 255 -4564, 255 -7861
von 844r cE 180
SKETCH 7o ACCOMPANY F/ELD NOTES OF ' 7082
ACRD (TRAC7 8) BE ING OUT OF THE Issas
D7NAGAN SURVEY A- /78 AND THE JO5E PH
F /5H SURVEY A- 232 , WILLIAMSON COUNTY, 7EXAS
LEGEND
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5/9 °38 '6 554,.
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Haynie & Kallman Inc
•
THE STATE OF TEXAS
County of Williamson
Deed
the 14th day of July
/
Deputy
V0 o l 1 8 1
1, James N. Boydston, Clerk of the County Court sai ountynty, do ere y cer-
tify that the foregoing instrument in writing, v Ji its certificate of authentication, was filed for record in my office on
AD.19 81 at 2 =3n
the 15th day of July A.D. 19 81 , at 9 % 2 0 o'clock A. M , in the
WETNESS MY HAND andiKa! of the County Court of said County, at office in Georgetown, Texas, the date
st above written.
o'clock P • M. and duly recorded this
Records of said County, in Vol 844 pp 169
JAMES N. BOYDSTON, CLERK,
County Court, Williamson County, Texas
i 87.,
/6
FILED FOR RECOO %: °?D
&&'clock h(.
JUL 14 1981
E S Georgetown Title Company, Bill
STEPHAN L� SHEETS
ATTORNEY AT LAW
SUITE 268, FARMERS STATE BANK BUILDING
1111 NORTH I.H. 35
ROUND ROOK, TEXAS 78881
(S121258-0877
TEXAS
ATTEST:
RESOLUTION NO. 041,4
WHEREAS, the Council of the City of Round Rock, Texas,
has determined that an additional water supply is necessary
for the health and safety of the citizens of the City, and
WHEREAS, the City has previously contracted with the
Brazos River Authority for water from Lake Georgetown, and
WHEREAS, it is necessary to acquire easements over cer-
tain property owned by D. B. Wood, et al, to construct and
install a raw water line, and
WHEREAS, D. B. Wood, et al, have executed an Agreement
For The Conveyance Of An Easement for a total consideration
of $34,000.00, and
WHEREAS, the Council desires to enter into said agree-
ment with D. B. Wood, et al, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That the Mayor is hereby authorized and directed to
execute on behalf of the City an Agreement For The Conveyance
Of An Easement, a copy of said agreement being attached
hereto for all purposes, and
BE IT FURTHER RESOLVED
That upon delivery of the easement and title insurance
policy in a form satisfactory to the City Attorney that the
disbursement of $34,000.00 to D. B. Wood, et al, is hereby
authorized.
RESOLVED this 28th day of May, 1981.
LARRY L. ON , Mayor
City of Round Rock, Texas
THIS IS A CONTRACT whereby D. B. Wood, J. R. Avant, and
Joan Wood Avant, herein called Seller, agrees to sell to the
City of Round Rock, Texas, herein called Buyer, who agrees to
purchase, upon the terms and provisions hereof, an easement
and right -of -way over, upon, and across the following de-
scribed real property, situated in Williamson County, Texas,
to -wit:
As described in Exhibit "A" of the Easement, which
Easement is attached hereto as an Exhibit and in-
corporated herein for all purposes.
Seller is to furnish Buyer, at Buyer's expense an Own-
er's Policy of Title Insurance issued by Georgetown Title
Company, Inc. of Georgetown, Texas.
The easement and right -of -way to be conveyed shall be
identical to the form attached hereto as an Exhibit.
The Owner's Policy of Title Insurance to be furnished
hereunder is to be delivered as and when the conveyance is
closed, which shall be within thirty (30) days from date
hereof unless attorneys for said Title Company discover objec-
tions to title, in which case the sale is to be closed when
objections are removed, provided objections are removed with-
in a reasonable time, which in no event shall extend beyond
forty -five (45) days from date Buyer executes this contract.
The purchase price is $8,000.00 for the 30 ft. easement
and $26,000.00 for damages. This would make a total price of
$34,000.00. Please issue two checks, one for Easement and one
for Damages. Make both checks payable to J. R. Avant and Joan
Wood Avant.
Date:
ATTEST:
J anne Land, City Secretary
7 - Joa Wood Avant
BUYER:
By:
THE CITY/ F RO.' ROCK, TEXAS
Larry L. To , Mayor
T -1 Owner Policy —Form Prescribed by Statrroard oleInsurance of Texas — Revised 7 -1 -1980.
mP :t= r+�} :$7 C i 4 4 7 14.! -4$= v 4
lxx STEWART TITLE p
GUARANTY COMPANY
The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall
the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its
own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, (i
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 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
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement ('
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
the adverse interest, claim or right established may bear to the whole estate or interest in the land, such ratio to be based li
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
prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with pro- $
cess therein, nor have any knowledge thereof," not "in' any. case, "unless the Company shall be actually prejudiced by such
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 i
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
transfer or conveyance executed by the Insured conveying the estate or interest in the land. The Company shall be liable
under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded
j either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy.
IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its.(
Chairman and President under the seal of the Company, but this policy is to be valid only when it bears an authorized )
countersignature, as of the date set forth in Schedule A.
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. ((�
Chairman of the Board
Countersigned:
STEWART TITLE
GUARANTY COMPANY
President
f9
o 1381246 A
Number
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581 (Rev. 7 -1-80)
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:
(i) 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
partnership 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;
(vi) 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
This policy does not insure against loss or damage by
reason of the following:
(a) The refusal of any person to purchase, lease or lend
money on the land.
(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 low 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 against
the title as insured or other matters (1) created, suffered,
assumed or agreed to by the Insured at the date of this policy,
or (2) known to the Insured at the date of this policy unless
disclosure thereof in writing by the Insured shall have been
made to the Company prior to the date of this policy; or loss
or damage which would not have been sustained if the
t
GENERAL CONDITIONS AND STIPULATIONS
Insured were a purchaser for value without knowledge;
or the homestead or community property or survivorship
rights, if any, of any spouse of any Insured.
3. Defense 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. When-
ever requested by the Company, the Insured shall give the
Company all reasonable aid in any such action or proceeding,
in effecting settlement, securing evidence, obtaining
witnesses, or defending such action or proceeding.
(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 full control
of said defense.
(c) Any action taken by the Company for the defense
of the Insured or to establish the title as insured, or both,
shall not be construed 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 Canto; 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 charge or lien on the 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.
(d) 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. O.
Box 2029, Houston, Texas 77001.
6. This policy is not transferable.
STEWAIVATITLE
GUARANTY COMPANY
r ,
STEWART TITLE
GUARANTY COMPANY
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
10) N18'45'55"w, 159: ZITTeet to a point, Iur an ao9117w
11) N18'08'W, 453.94 feet to a point, for an angle p nt hereof;
12) N19'46'45 "W, 710.60 feet to a point, for an angle point hereof;
13) N18'55'05 "W, 1099.70 feet to a point, for an angle point hereof;
14) N10 "05'45 "W, 497.30 feet to a point in the South line of a 333.00
acre tract of land conveyed to The United States of America, for the
Northwest corner hereof;
THENCE along the South line of said 333.00 acres, for the North line
hereof, N71'20'50 "E, 30.34 feet to a Government Marker Number 104 -2,
for the Northeast corner hereof;
THENCE along the fenced East line of said D. R. Wood remainder, the
following twenty (20) courses:
1) along the West line of Greenridge, a subdivision as shown on a
Plat of Record in Cabinet C, Slide 229 -232 of the Plat Records of said
County, S10'05'50 "E, 499.52 feet to an iron pin found under said fence,
for an angle point hereof;
2) 518'57'55 "E, 1096.65 feet to an iron pin found under said fence,
at the Southwest corner of said Greenridge and the Northwest corner of
Lot 13, being the Northwest corner of Oak Crest Ranchettes, Unit Two, a
subdivision as shown on a Plat of Record in Cabinet B, Slide 177 -180 of
said Plat Records, for an angle point hereof;
3) 519'42'20 "E, 711.27 feet to an iron pin found under said fence, •
being an angle point in said Oak Crest Ranchettes, Unit Two, for an
angle point hereof;
4) 518 454.22 feet to an iron pin found under said fence, being
an angle point in said Oak Crest Ranchettes, Unit Two, for an angle
point hereof;
5) 518'45'55 "E, 359.77 feet to an iron pin found under said fence,
for an angle point hereof;
.6) Sl6'09'05 "E, 216.20 feet to a fence post at or near the centerline
of the Middle San Gabriel River, for an angle point hereof;
7) 515'42'05 "E, 159.36 feet to a point under said fence, for an angle
point hereof;
8) 516'42'05 "E, 396.62 feet to a point under said fence, for an angle
point hereof;
9) 517'19'20 "E, 618.49 feet to a point under said fence, for an angle
point hereof;
10) S17'35'10 "E, 895.21 feet to an iron pin found under said fence,
for an angle point hereof;
11) 518'00'05 "E, 919.90 feet to a point under said fence, for an angle
point hereof;
12) S18 "15'05 "E, 497.85 feet to a point under said fence, for an angle
point hereof;
13) S18'37'20 "E, 598.19 feet to a point under said fence, for an angle
point hereof;
14) S18'26'50 "E, 279.24 feet to an iron pin found under said fence,
for an angle point hereof;
15) S19'16'20 "E, 383.06 feet to a point under said fence, for an angle
point hereof;
16) 519'03'45 "E, 857.49 feet to a point under said fence, for an angle
point hereof;
17) 519'14'45 "E, 314.65 feet to a point under said fence, for an angle
point hereof;
18) 519'38 256.06 feet to an iron pin found at a fence post, for an
angle point hereof;
19) 516'40'45 "E, 195.54 feet to an iron pin found at a fence post, for
an angle point hereof;
20) 521'45'45 "E, 164.11 feet to the POINT OF BEGINNING of the herein
described TRACT B, containing 7.082 acres or 308,474 square feet of
land more or less.
Page 2
(TRACT A) O
FIELD NOTES descrihing a thirty (30) foot wide, 1.15'`•cre strip of
land, TRACT A, being situated in the Joseph Fish S '•y, Abstract No.
232, Williamson County, Texas, also being upon a tion of the remain-
der of those certain lands conveyed to D. B. Wood by deed recorded in
Volume 271, Page 314 of the Deed Records of said County, said TRACT A,
being more particularly described by metes and bounds as follows:
BEGINNING FOR REFERENCE at Government Marker No. 105 -1 -3, being the
most Southerly corner of a 249.00 acre Tract 105 -1, conveyed to said
United States of America by deed recorded in Volume 550, Page 553 and
the Southwest corner of a 15.85 acre easement, Tract 105 -E -1, granted
to said United States of America by instrument recorded in Volume 55Q,
Page 553, of said Deed Records, also being an angle point in said 0. B.
Wood remainder; thence along the division line between said Tract 105 -1
and said D. B. Wood remainder, N73'36'W, 122.21 feet to a point, for
the most Northerly corner and POINT OF BEGINNING of the hereinafter
described TRACT A;
THENCE along the North line hereof, the following three (3) courses:
1) 573 65.02 feet to a point, for an angle point hereof;
2) 546'07'30 "E, 95.88 feet to a point, for an angle point hereof;
3) S81'18'10 "E, 1537.56 feet to a point in the fenced West line of a
333.00 acre Tract 104, conveyed to said United States of America by
Warranty Deed recorded in Volume 516, Page 349 of said Deed Records,
for the Northeast corner hereof;
THENCE along the fenced division line between said Tract 104 and said
D. B. Wood remainder 520'S9'E, 34.54 feet to a point, for the Southeast
corner hereof;
THENCE along the South line hereof, the following two (2) courses:
1) N81'18'10 "W, 1564.17 feet to a point, for an angle point hereof;
2) N46'07'30 "W, 163.08 feet to the P01NT OF BEGINNING of the herein
described TRACT A, containing 1.158 acres or 50,424 square feet of land
more or less.
(TRACT 8)
FIELD NOTES describing a 7.082 acre strip of land situated in said
Joseph Fish Survey, Abstract No. 232 and the Issac Donagan Survey,
Abstract No. 178, of said County, also being upon a portion of said D.
8. Wood remainder, said TRACT B, being more particularly described by
metes and bounds as follows:
BEGINNING at an iron pin found at a fence corner post in the North
right -of -way line of State Highway No. 29, said point being the South-
east corner of said D. B. Wood remainder, for the Southeast corner and
POINT OF BEGINNING of the hereinafter described TRACT 8;
THENCE along said North right -of -way line, for the South line hereof;
589'09'40 "W, 31.51 feet to a point, for the Southwest corner hereof;
THENCE along the West line hereof, the following fourteen (14) cours-
es:
1) N19'11'05 "W, 2160.82 feet to a point, for an angle point hereof;
2) N18'24'40 "W, 1375.19 feet to a point, for angle point hereof;
3) N18'03'50 "w, 919.73 feet to a point, for an angle point hereofi
4) N17'28'40 "W, 1513.50 feet to a point, for an angle point hereof;
5) N16'42'35 "W, 341.36 feet to a point, for an angle point hereof;
6) N51'12'W, 120.65 feet to a point, for an angle point hereof;
7) N37'06'W, 100.42 feet to a point, for an angle point hereof;
8) N32'26'50 "E, 140.55 feet to a point, for an angle point hereof;
9) N15'57'40 "W, 146.52 feet to a point, for an angle point hereof;
Page 1
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T - 1 Owner Policy Schedules — Fonn Prescribed by State Board of Insurance of Texas — Rexised 7 - 1 - 1980
SCHEDULE A
GF No. 19388H
Owner Policy No.: 0 1381246 A Date of Policy: July 14, 1981
NAME OF INSURED:
Amount: $34,000,00
CITY OF ROUND ROCK
1. The estate or interest in the land insured by this policy is: (Fee Simple, Leasehold, Easement, etc. letrtify
or Describe) Easement ''CC''
2. The land referred to in this policy is described as follows:
Countersi Gepprpetown Title Company, Ina
5812/3
SCHEDULE B
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
from the coverage of this Policy.
1. Restrictive covenants affecting the land described or referred to above.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any over-
lapping of improvements.
3. Taxes for the year 19 81 and subsequent years, and subsequent assessments for prioryears due to change
in land usage or ownership.
4. The following lien(s) and all terms, provisions and conditions of the instruments) creating or evidencing
said lien(s): None
5.011, gas and mineral lease, and all rights incident thereto, dated May 21, 1980,
executed by Joan Wood Advant et vir to M. L. McGinnis recorded in Vol. 802,
Page 448, Deed Records, Williamson County, Texas.
6.011, gas and mineral lease, and all rights incident thereto, dated May 21, 1980
executed by D. B. Wood et ux to M. L. McGinnis, recorded in Vol. 802, Page 444,
Deed Records, ?illiamson County, Texas.
7.The following if located so as to affect this property:
1. Easement dated June 18, 1954 executed by D. B. Wood et ux to Texas Power
and Light recorded in Vol. 400, Page 142, Deed Records, Williamson County,
Texas.
2. Easement dated September 1, 1949 executed by D. B. Wood et ux to Texas
Power and Light recorded in Vol. 359, Page 442, Deed Records, Williamson
County, Texas.
4,
ti T1: 'WA R'1' 'TIT
GUARANTY COMPANY
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