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R-83-519 - 5/12/1983 RESOLUTION NO. LJ 7 K WHEREAS, the City Council is considering the purchase from Brushy Slope Investment Corporation of a lot in the Round Rock Industrial Park for a future police station, and WHEREAS, in order to finance the purchase of the property it will be necessary to obtain voters approval to issue bonds, and WHEREAS, the Council wishes to acquire the option to purchase said property in the event that the sale of bonds is approved, 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, an Option Contract with Brushy Slope Investment Corpora- tion, a copy of such contract being attached hereto and incorporated herein for all purposes. RESOLVED this 12th day of May, 1983. L Y L. TON , Mayor City of Round Rock, Texas ATTEST: (Iao�y&d—;e J NE LAND, City Secretary tad i�� ,��S-� E LI COMMONWFALTH LAND TITLE INSURANCE COMPANY OWNER POLICY OF TITLE INSURANCE (a stock com any) PHILADELPHIA,PENNSYLVANIA POLICY NUMBER 113- 126852 COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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 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, 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 exceptions 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 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 relieved 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 process therein,nor have any knowledge thereof,nor 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 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 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 COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be executed by its 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. r COMMONWEALTH LAND TITLE INSURANCE COMPANY y By r .. tar President Texas Owner Policy—Cover Page CLTIC Four 1048-8 Valid Only If Schedules A ORIGINAL And B Are Attached. it VNUI I IONS AN L11 S IPULA I-IONS I. Definitions any action or proceeding,the Insured shall secure to the The following terms when used in this policy mean: Company the right to so provide defense in such action (a) "land":The land described,specifically or by reference,in or proceeding, and all appeals therein, and permit it to Schedule A.and improvements affixed thereto which by use, at its option, the name of the Insured for such purpose. law constitute real property. (b)The Company shall have the right to select counsel of its (b) 'public records": Those records which impart own choice whenever it is required to defend any action constructive notice of mailers relating to the land, or proceeding, and such counsel shall have complete (c) "knowledge": Actual knowledge, not constructive control of said defense. knowledge or notice which may be imputed to the (c) The Company shall have the right at its own cost to Insured by reason of any public records. institute and without undue delay prosecute any action or (d) "dale':The effective date,including hour if specified. proceeding or to do any other act which in its onion (e) Insured:the Insured named in Schedule A and,subject to Pi any rights or defenses the Company may have had may be necessary or desirable to establish the title to the against the named Insured or any person or entity who estate or interest as insured,and the Company may take succeeds to the interest of such named Insured by any appropriate action under the terms of the policy, operation of law as distinguished from purchase, any whether or not it shall be liable thereunder,and shall not person or entity who succeeds to the interest of such thereby concede liability or waive any provision of this named Insured by operation of law as distinguished from policy. purchase including but not limited to the following: (d)Whenever the Company fence a shall have brought any action he or interposed a defense as required or permitted by the (if heirs, devisees. distributees, executors and provisions of this policy, the Company may pursue any administrators; such litigation to final determination by a court of (ii)the successors in interest to a corporation resulting competent jurisdiction and expressly reserves the right,in from merger or consolidation or the distribution of its sole discretion, to appeal from any adverse judgment the assets of such corporation upon partial or or order. complete liquidation; (iii) the partnership successors in interest to a general or (e) Whenever requested the Company,such insured shall give the Company all reasonable aid in any such action limited parmcrship which dissolves but does not or proceeding, in effecting settlement,securing evidence, terminate; obtaining witnesses, or prosecuting or defending such (iv)the successors in interest to a general or limited action or proceeding,and the Company shall reimburse partnership resulting from the distribution of the such insured for any expense so incurred, assets of such general or limited partnership upon (f) Any action taken by the Company for the defense of the partial or complete liquidation; Insured or to establish the title as insured,or both,shall (v) the successors in interest to a joint venture resulting not be construed as an admission of liability, and the from the distribution of the assets of such joint Company shall not thereby be held to concede liability or venture upon partial or complete liquidation; waive any provision of this policy. (vi)the successor or substitute trustee of a trustee named 4, payment a Loss in a written trust instrument;or (vii)the successors in interest to a trustee or trust (a) No claim shall arise or be maintainable under this policy resulting from the distribution of all or part of the for liability voluntarily assumed by the Insured in settling assets of such trust to the beneficiaries thereof, any claim or suit without written consent of the 2. Exclusions from the Coverage of this Policy Company. This policy does not insure against loss or damage by reason (b)All payments under this policy,except payments made for of the following: costs,attorney fees and expenses,shall reduce the amount of the insurance pro laato;and the amount of this policy (a) The refusal of any person to purchase, lease or lend shall be reduced by any amount the Company may pay money on the land. under any policy insuring the validity or priority of any (b) Governmental rights of police power or eminent domain lien excepted to herein or any instrument hereafter unless notice of the exercise of such rights appears-in the executed by the Insured which is a charge or lien on the public records at the date hereof;and the consequences of land,and the amount so paid shall be deemed a payment any law,ordinance or governmental regulation including, to the Insured under this policy, but not limited to,building and zoning ordinances. (c) The Company shall have the option to (cl Any titles or rights asserted by anyone including,but not P y P pay or settle or compromise for or in the name of the Insured any claim limited to, persons, corporations, governments or other insured against by this policy, and such payment or entities to tidelands, or lands comprising the shores or tender of payment, together with all costs, attorney fees beds of navigable or perennial rivers and streams,lakes, and expenses which the Company is obligated hereunder bays,gulfs or oceans,or to any land extending from the to pay, shall terminate all liability of the Company line of mean low tide to the line of vegetation,or to lands hereunder as to such claim. Further, the payment or beyond the line of the harbor or bulkhead lines as tender of payment of the full amount of this policy by the established or changed by any government,or to filled-in Company shall terminate all liability of the Company lands. or artificial islands, or to riparian rights. or the under this policy. rights or interests of the State of Texas or the public (d)Whenever the Company shall have settled a claim under generally in the area extending from the line of mean low this policy, all right of subrogation shall vest in the tide to the line of vegetation or their right of access Company unaffected by any of the Insured,and it shall thereto.or right of casement along and across the same, be subrogated to and be entitled to all rights and (d) Defects, liens, encumbrances, adverse claims. or other remedies of the Insured against any person or properly in matters(I)created,suffered,assumed or agreed to by the respect to such claim_The Insured, if requested by the Insured;(2)not known to the Company and not shown Company,shall transfer to the Company all rights and by the public records but known to the Insured either at remedies against any person or properly necessary in the date of this policy of at the dale the Insured acquired order to perfect such right of subrogation, and shall an estate or interest insured by his policy and no permit the Company to use the name of the Insured in disclosed in riling by the Insured to the Company prior any transaction or litigation involving such rights or to the date such Insured became an Insured hereunder: remedies. (3) resulting in no loss or damage to the Insured: (4) 5. Policy Entire Contract attaching or created subsequent to the dale of this policy Anv action, actions or rights of action that the Insured may (5) resulting in loss or damage which would not have have, or may bring, against the Company.arising out of the been sustained if the Insured had paid value for the estate status of the title insured hereunder. must be based on the or interest insured by this policy,or(6)the homestead or provisions of this policy,and all notices required to be given the community property or survivorship rights,it'any,of any i Company, and any statement in writing required to be l souse of any Insured.' furnished the Company,shall be addressed to its home office, 3. Defense and Prosecution of Actions Fight Penn Center.Philadelphia,Pennsylvania 19103. Valid Only If Schedule B And Cover Page Are Attached. C COMMONWEALTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company O W N E R P O L I C Y SCHEDULE A Issued with Policy No. n/a Amount of Insurance: $42,500.00 Policy No. 113-126852 Premium: $369.00 Date of Policy: 12/20/83 G.F. No. 1-T-14446 Name of Insured: City of Round Rock - 1. The estate or interest in the land insured by this policy is: FEE SIMPLE 2. The land referred to in this policy is in W I L L I A M S O N County, Texas and is described as follows: Lot 6, in Block 3, of Round Rock North Industrial Business Park, Section II, in Williamson County, Texas, according to the map or plat thereof, recorded in Cabinet C, Slides 350-351 of the Plat Records of Williamson County, Texas. valid Only It Schedule A And Cover Page Are Attached. COMMONWEALTH LAND Policy No. 113-126852 TITLE INSURANCE COMPANY G.F. No. I-T-14446 A Reliance Group Holdings Company SCHEDULE B This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the eases and easements, if any, shown in Schedule A. and to the following matters which are exceptions from the coverage of this policy: 1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or state "None of Record"): None of record except those recorded in Volume 713, Page 903, Deed Records, Williamson County, Texas. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any enchroachments, or any overlapping of improvements. 3. Taxes for the year 19 83 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership. (Not Yet Due And Payable) 4. The following lien(s) and all terms, provisions and conditions of the in- strument(s) creating or evidencing said lien(s): N O N E O F R E C O R D 5. Rights or claims of parties in possession not shown by the public records. 6. All visible and apparent easements and rights of way over, under and across the subject property. 7. a. A 25' building set back line across the front lot of subject property as shown on the recorded plat. b. An easement for public utilities 7.5' wide along the rear lot line of subject property as shown on the recorded plat. WILLIAMSON COUNTY TITLE CO. ` 6 AV D S. D PIER, ESCRO OFFICER POLICY DEPARTMENT MANAGER ks/3/5/84 VOL �_'bSnv 3 WARRANTY DEED r�y I A(!8 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON That Brushy Slope Investment Corporation dba Round Rock North Industrial Business Park of the County of Williamson and State of Texas for and in consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00) and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto the City of Round Rock of 214 E. Main, Round Rock, Texas all of the following described real property in Williamson County, Texas, to-wit: Lot 6, in Block 3, of Round Rock North Industrial Business Park, Section II, in Williamson County, Texas, according to the map or plat thereof, recorded in Cabinet C, Slides 350-351 of the Plat Records of Williamson County, Texas. This conveyance is made and accepted subject to (a) all visible and apparent easements and rights of way over, under and across the subject property, (b) a 15' building set back line along each side lot line of subject property as stated within the restrictions of record, (c) a 25' building set back line across the front lot of subject property as shown on the recorded plat, (d) an easement for public utilities 7.5' wide along the rear lot line of subject property as shown on the recorded plat, and (e) any and all conditions and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Williamson County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assigns forever; and it does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this 14)V� day of yam/, A.D. 1983. BRUSHY SLOPE INVESTMENT CORPORATION dba ROUND ROCK NORTH INDUSTRIAL ND 5 BUSINESS PARK By:,�Yn TOA E. SON, JR P--=--q DEED RECORDS 1-T-14446 MnLLIAMSON COUNTY, TEXAS VOL 114 THE S.T4T'E OF TEXAS COUNTY OF';WILLIAMSON BEFORE ME, the undersigned authority, on this day person— '-.ally, appeared TOM E. NELSON, JR., President of Brushy Slope Investm6i�t Corporation dba Round Rock North Industrial 8udarie'ss Park, a corporation, 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, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this the 14th day of December 19 83. Nota Public 'n and f Travis X1(14 GS Ca ty, TexD Lena Lee Cole My Commission Expires: 7/31184 F1L EQ Hn i#-C Or'? STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument was FILE[ �s �.� �, on the date and at the time stamped hereon DEC 20 �- � by me;and was duly RECORDED,in the Volurn: and Page of the named RECORDS of Williamson County, Texas, as stomped hereon by me, on DEC 2 1 _ 3 cp " COUNTY CLERIC �, WILLIAMSON COUNTY, TEXAS- 7708 �- FLED FOR RECORD OFC 20 cr a a o � F O� z 1m 1' U�Q iaa O � N 0 � W � U J a� TC jr�,O'