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R-86-941 - 12/23/1986WHEREAS, the Council of the City of Round Rock has deemed it necessary to acquire land for Public Works needs; and WHEREAS, there is land available adjacent to the presently existing City Real Property in the Francis A. Hudson Survey; and WHEREAS, C. A. Barton is agreeable to a sale of his property to the City of Round Rock; and WHEREAS, funds for the purchase are not included within the 1986 - 87 budget, and WHEREAS, there are adequate funds available in 1983 Water Works and Sewer System Revenue Bond Funds; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor be and is hereby authorized and directed to execute any and all documents necessary to complete the purchase of the real property adjacent to the present Public Works property, and said authority shall extend to making changes to the documents necessary to conform the documents to the intent of the parties and to meet legal requirements as may arise in the orderly closing of said transaction; and further, That the 1983 Water Works and Sewer System Revenue Bond funds be utilized to fund the purchase of certain real property from C. A. Barton. ATTEST: RESOLVED this day of nne Land, City Secretary RESOLUTION NO. 94/14Z MIKE ROBINSON, Mayor DATE: December 19, 1986 SUBJECT: Council Agenda, December 23, 1986 ITEM: 13I - Consider a resolution authorizing the Mayor to contract to purchase property from Charlie Barton and to provide the funding thereof. The Barton property is located one tract east of the Northeast intersection of 1835 and Westinghouse Road. Mr. Barton's property is the highest point in the area and is also in close proximity to the water treatment plant thus providing a location for economical water storage. The agreement includes a $1 /S.F. price plus $3,000 in consideration. This is a valuable site and staff recommends acceptance. FORM NO. T -4000 Form T -1 Owner Policy Revised 3 -1 -85 Authorized Countersignature Countersigned at _Georgetown Texas. No. TXA- 213922 OWNER POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY TRANSAMERICA TITLE INSURANCE COMPANY, a California 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 guaranted, 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 Stipulations hereof. The party or parties entitled to such defense shall within a reason- able 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 preju- diced 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 excuted 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 encumbrance 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 Transamerica 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. Transamerica Title Insurance Company RECEW E r F. 187 CONDITIONS AND STIPULATIONS 1, DEFINITIONS The following terms when used in this policy mean_ (a) "land ": The land described, specifically of by reference, in Schedule A, and improvements affixed thereto which by law constitute real property. (b) "public tecords" 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, disttibutees, executors and administrators; (ii) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of such cor- poration 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 es 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 benefiiciaries thereof, 2. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY THE POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: (a) LACK OF ADEQUATE TITLE IN THE INSURED PROPERTY TO ALLOW IT TO BE USED, SOLD, TRANSFERRED, LEASED OR MORTGAGED FOR ANY PURPOSE INTENDED BY THE INSURED NOR LOSS OF OPPORTUNITY OR ECONOMIC EXPECT- ATION. (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 vegetation or their right of access thereto, or right of easement along and across the same. (d) Defects, hens, 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 date such Insured became an Insured hereunder; (3) resulting in no loss or damage to the Insured; (4) attaching or created subsequent to the date of his 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. 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 rts 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 determine 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 determina- tion 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 otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the insured of the reasons 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 accessary pro- ceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as insured; (2) Indemnify the Insured as provided M this policy; (3) Upon payment of appropriate premium and charges therefor. issue to the current Insured or to a subsequent owner, mort- gagee or holder of the estate or interest in the land insured by this policy, a policy of title insurance without exception for the lien, encum- brance, 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 m connection with its issuance of a poll (ies) 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. - (1) 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. Continued on Front of Back Cover SCHEDULE A G.F. No.:861 27501 K5 Owner Policy No.: 1 X A 213922 Date of Policy: January ( 1 9 57 Name of Insured: CITY 05 ROUND ROCK Amount: $`1.3 , 607.84 1. The estate or interest in the land insured by this policy is fee simple. 2. The land referred to in this policy is described as follows: 2.064 acres, more or less, situated in the FRANCIS A. HUDSON SURVEY', ABSTRACT NO. 295, Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A attached hereto and made a part hereof". Form No T.AG -804 Rev. 5 -75 For use with Form T -1 Owner Policy Transamerica Title Services 4 ' RECEIVED FEB 3 1987 GE 66127501 K5 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. The following restrictive covenants of record itemized below. NONE OF RECORD 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any over- lapping of improvements. 87 3. Taxes for the year 19 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership. 4. The following lien O and all terms, provisions and conditions of the instrument (s) creating or evidenc ing said lien(s) : O1ke (All recording data refer to records in the office of the County Clerk of the County in which the land is situated.) Easement dated May 28, 194&, from C. A. Barton to Texas 5, Power & Light Co. recorded in Volume 3.18, Page 385, Deed Records, Williamson County, Texas. 6. Easement dated July 30, 1948, from C. A. Barton and wife to Texas Power & Light Co. recorded in Volume 353, Page 139, Deed Records, Williamson County, Texas. Easement dated March 22, 1973, from Charlie Barton and wife; to Texas Power & Light Co. and Southwestern Bell Telephone Co. recorded in Volume 535, Page 677, Deed Records, Williamson County, Texas. 6. Easement dated January 19, 1972, from Charlie Barton to Texas Power & Light Co. and Southwestern Bell Telephone Co. recorded in Volume 547, Page 107, Deed Records, Williamson County, Texas. 9 Easement dated March 21, 1972, from C. A. Barton and wife to City or Round Rock, recorded in Volume 547, Page 121, Deed Records, Williamson County, Texas. 10. Easement dated August 29, 1977 from Charlie A. Barton and wife Lo Texas Power it i.ight. Co. recorded 10 Volume 665, !'aqe 779, Deed Records, Williamson County, 'texas. Continued on next page Form No T -AG -805 Rev, 3 -1 -83 For use with Form T -1 Owner Policy 111 Transamerica Title Services ` RECEIVED FEB 3 1987 GF 86127501 KS SCHEDULE B — Continued 11. Easement dated May 13, 1983, from C. A. Barton and wife to City of Round Rock, recorded in Volume 936, Page 775, Deed Records, Williamson County, Texas. 12. Provision in deed dated March 21, 1972, executed by C. A. Barton and wife to City of Round Rock for the granting of additional easements, recorded in Volume 547, Page 122, Deed Records, Williamson County, Texas. 13. Two agreements by and between C. A. Barton and wife and City of Round Rock dated March 20, 1972, referred to in deed to the City of Round Rock recorded in Volume 547, Page 122, Deed Records, Williamson County, Texas. 14. An oil, gas and mineral lease dated April 2, 1980, executed by Charlie A. Barton and wife as lessor, to and with M. L. McGinnis as lessee, and recorded in Volume 802, Page 603, Deed Records, Williamson County, Texas, and all rights incident thereto. Title to said lease has not been examined subsequent to the date of its execution. 15. Any portion of the herein described property which lies within the boundaries of a road or roadway. 16. Rights of parties in possession. 17. Visible and apparent easements, if any. Form No T -AG -142.2 T Transamerica Title Services RECEIVED FEB 3 1V FIELD NOTES describing a 2.064 acre tract or parcel of land out of the Francis A. Hudson Survey. Abstract No. 295. situated in Williamson County. Texas. being a portion of the remainder of that certain 186 acres conveyed to C. A. Barton by Deed recorded in Volume 319, Page 524. of the Deed Records of said County, being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at the Northeast corner of said 186 acre tract. being in the fenced West right -of -way line of County Road No. 116, also being in the South line of a 47.927 acre tract conveyed to Shultz and Martin Joint Venture by Deed recorded in Volume 1089, Page 534, of the Deed Records of said County, thence along said fenced West right -of -way line, S18°50'50"E. 157.04 feet to an iron pin set for the Northeast corner and POINT OF BEGINNING of the hereinafter described 2.064 acres; THENCE continuing along said fenced West right -of -way line for an East line hereof, S18 °50'50 "E, 139.07 feet to an iron pin set for the most easterly Southeast corner hereof; THENCE through the interior of said 186 acre tract the following four (4) courses: 1) S71 °10'19 "W. 132.65 feet to an iron pin set. for an ell corner hereof; 2) 518 °50'50 "E. 111.10 feet to an iron pin set, for an ell corner hereof; 3) S71 °10'19 "W. 100.00 feet to 'an iron pin set, for an ell corner hereof; = 4) S18 °50'50 "E, 125.00 feet to an iron pin set in the South line of a 0.162 acre right -of -way and public utility easement conveyed to the City of Round Rock by Deed recorded in Volume 936. Page 775. of the Deed Records of said County; ':HENCE along the South line of said 0.162 acre tract, S71 °10'19 "W, 50.00 feet to an iron pin found at the Southwest corner of a 0.230 acre tract conveyed to the City of Round Rock by Deed recorded in Volume 547. Page 122. of the Deed Records of said County. for an ell corner hereof; THENCE along the East and North lines said 0.230 acre tract, the following two (2) courses: 1) N18 °50'50 "W. 100.00 feet to an iron pin set at the Northeast corner of said 0.230 acre tract, for an ell corner hereof; 2) S71 °10'19 "W, 100.30 feet to an iron pin set at the Northwest corner of said 0.230 acre tract, for the most westerly Southwest corner hereof; THENCE along the West line hereof, N18 °50'50 "W. 275.71 feet to an iron pin ser 50.00 feet South of the centerline of an 'electric transmission line, for the Northeast corner hereof; THENCE along a line being 50 feet South of and parallel to the centerline of said transmission line, for a North line hereof. N71°15'06"E. 382.95 feet to the POINT OF BEGINNING of the herein described tract of land containing 2.064 acres or 89;928 square feet of land. EXHIBIT "A" . / RECEIVED FEP 3 7987 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 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, rising out of the status of the title insured hereunder, policy, t be based on the provisions of this poli and all notices required to be given the Compa y and any statement in writing required to be furnished the Company, shall be addressed to it at 12160 Abrams Road, Suite 102, Dallas, Texas 75243. 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 Boulevard, Austin, Texas 78786. This notice of complaint procedure is for information only and does not become a part or condition of this policy. Continued from Back of Front Cover Transamerica Title Insurance Company HOME OFFICE 600 Montgomery Street San Francisco, California 94111 (415) 983 -4900 Arizona Division 34 West Monroe Street Phoenix, Arizona 85003 (602)262 -0511 Northern California Division 1940 Maria Lane Walnut Creek, California 99596 (415) 947 -5701 Southern California Division 601 Civic Center Drive West Santa Ana, California 92701 (714) 547-5777 Colorado Division 1800 Lawrence Street Denver, Colorado 80202 (303) 291 -4800 J Policy of Title Insurance Transamerica Title Insurance Company Issued by Transamerica Title Services Transamerica Title Insurance Company Eastern Agency Division 15 West Main Street Somerville, New Jersey 06876 (201)722 -9777 Midwest Division 33762 Schoo'craft Road Livonia, Michigan 98150 (313) 425-2500 Oregon Division 12360 East Burnside Portland, Oregon 97216 (503)256 -1160 Southwest Agency Division 12160 Abrams Road Dallas, Texas 75243 (214)234 -3866 Washington - Alaska Division Park Place Sixth Avenue at University Street Seattle, Washington 98101 (206) 628-4650