R-95-10-24-11L - 10/24/1995RESOLUTION NO. R- 95- 10- 24 -11L
WHEREAS, Ms. Wilma Stull is the owner of the real property
located at 1003 Austin Avenue, Round Rock, Texas; and
WHEREAS, it was recently discovered that approximately seven
square feet of the above - described property encroach upon the city
right -of -way on Austin Avenue, and
WHEREAS, Ms. Stull desires to resolve this problem by
acquiring said encroaching property from the City, said tract being
described in Exhibit "A ", attached hereto and incorporated herein,
and
WHEREAS, Section 272.001 of the Local Government Code,
V.A.T.S., allows a city to convey property to an abutting fee owner
without following the normal notice and bid procedures, and
WHEREAS, the estimated fair market value of the tract
described in Exhibit "A" is $78.00, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor is hereby authorized and directed to execute on
behalf of the City a real estate contract for the conveyance by
deed without warranty the real property described in Exhibit "A"
herein.
RESOLVED this 24th day of October, 1995.
X: \RRSOLVPP \RSS10]9L.NPOfSLB
ATTEST:
ANNE LAND, City Secretary
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
IIII DEED WITHOUT WARRANTY
Date: October a7, 1995
Grantor: .THE CITY OF ROUND ROCK, TEXAS
Grantor's Mailing Address (including county):
• THE CITY OF ROUND ROCK, TEXAS
212 East Main
Round Rock, Texas 78664
Williamson County
Grantee:
WILMA STULL
Grantee's Mailing Address (including County):
WILMA STULL
Williamson County
Consideration: TEN AND NO /100 DOLLARS and other good and valuable
consideration.'
Property (including any improvements):
Seven (7) square feet of land, more or less, out of Austin
Avenue East adjoining Lot 10, Block 7 of the Nelson Addition
to the City of Round Rock, Texas, a subdivision of record in
Cabinet A, Slide 97 of the Plat Records of Williamson County,
Texas, said tract being more particularly described by metes
and bounds in Exhibit "A ", attached hereto and incorporated
herein.
Reservations From and Exceptions to Conveyance and Warranty:
Easements, rights - of - way, and prescriptive rights, whether of
record or not; all presently recorded instruments, other than liens
and conveyances, that
which Grante property; p , txes for the current
year, the payment
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance, conveys to Grantee the property
withot arise by law p and d the warranties all
in 5 5.023 1 t
of the Texas
Property Code (or its successor) are excluded.
CASCR\ti MA /...
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on 4)
1995, by CHARLES CULPEPPER, Mayor, City of Round Rock, Texas, on
behalf of the CITY OF ROUND ROCK, TEXAS, a municipal corporation,
on behalf of said city.
PREPARED IN THE OFFICE OF:
Sheets & Crosefield, P.C.
309 East Main
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
Title Agency of Austin
1717 North IH 35, Suite 150
Round Rock, Texas 78664
THE CITY OF ROUND ROCK, TEXAS
BY:
ACKNOWLEDGMENT
9
9
5
CHARLES E: "RR, Mayor
City of Round Rock, Texas
Notary Public, State of Texas
PIELD NOTE DESCRIPTION
7 SQUARE PEET OP LAND
PORTION OF AUSTIN AVENUE EAST
CITY OF ROUND ROCK. WILLIAMSON COUNTY. TEXAS
PIELD NOTE DESCRIPTION OP SEVEN (7) SQUARE PEET 0P LAND OUT
OP AUSTIN AVENUE EAST, ADJOINING LOT 10, BLOCK 7 OP THE
NELSON ADDITION TO THE CITY OP ROUND ROCK, TEXAS. A
SUBDIVISION OF RECORD IN CABINET A. SLIDE 97 OP THE PLAT
RECORDS OP WILLIAMSON COUNTY. TEXAS. THE SAID SEVEN (7)
SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at an iron rod found on the south
line of Austin Avenue East at the northwest corner of that
certain tract out of Lots 9 and 10 conveyed to Will C. Stull
Sr. recorded in Volume 660, Page 312 of the Deed Records of
Williamson County, Texas. from which an iron rod found at the
southwest corner of the said Stull tract bears 5 17'30'05" E.
a distance of •69.92 feet and from which another iron rod
found at the northeast corner of that certain tract described
in a deed to W.C. Stull, Sr. and Idella Pearl Stull
recorded in Volume 2387, Page 559, Official Records of
Williamson County, Texas bears N 72'35'00" E, a distance of
74.50 feet (Basis of Bearing for this description, per Volume
660, Page 312 and Volume 2387, Page S59).
THENCE, N 72'35'00" E, a distance of 14.74 feat along the
south line of Austin Avenue East and 'north line of the said
Lot 10 end Stull tract to a point on the west line of an
existing house at 1003 Austin Avenue'Eeut for the PLACE Of
BEGINNING of the herein described tract:
THENCE. N 12'47'25" W, a distance of 1.06 feet to the
northwest corner of said house:
THENCE, N 77'12'35" E, a distance of 13.10 feet along the
north line of said house to a point at the intersection with
the south line of Austin Avenue East, the same being the
north line of the said Lot 10 and Stull tract:
THENCE. S 72'35'00" W, a distance of 13.14 feet along the
south line of Austin Avenue East to the PLACE of BEGINNING.
containing seven (7) square feet of land, more or less.
Timothy Le
2.r•
September 23, 1995
SIMPSON -LEN2 & ASSOCIATES
301 Resters Crossing, Suits 150
Round Rock. TwxAv 78681 (512) 388 -6052
3. SALES PRICE:
6. TITLE POLICY AND SURVEY:
C \TEXT \STULL3.1 /cdc
EARNEST MONEY CONTRACT, ALL CASH,
1. PARTIES: The CITY OF ROUND ROCK, TEXAS (Seller) agrees to
sell and convey to WILMA STULL (Buyer) and Buyer agrees to buy
from Seller the property described below.
2. PROPERTY: Seven square feet of land, more or less, more
further described in Exhibit "A ", attached hereto and
incorporated herein., known as 1003 Austin Avenue, Round Rock,
Texas, or as described on attached exhibit, together with the
following items, if any: curtains and rods, draperies and
rods, valances, blinds, window shades, screens, shutters,
awnings, wall - - wall carpeting, mirrors fixed in place,
ceiling fans, attic fans, mail boxes, television antennae and
satellite dish with controls, permanently installed heating
and air conditioning units and equipment, window air
conditioning units, built -in security and fire detection
equipment, lighting and plumbing fixtures, water softener,
built - in kitchen equipment, garage door openers with controls,
built -in cleaning equipment, all swimming pool equipment,
shrubbery, permanently installed outdoor cooking equipment,
built -in fireplace screens and all other property owned by
Seller and attached to the above described real property
except the following property which is not included: NONE.
All property sold by this contract is called the "Property."
The Property is not subject to mandatory membership in an
owners' association and its assessments and requirements.
A. Cash portion of Sales Price
payable by Buyer $ 78.00
B. Sum of financing described below
(excluding any private mortgage
insurance [PMI] premium)
C. Sales Price (Sum of A and B)
4. FINANCING: Not Applicable
$ NONE
$ 78.00
5. EARNEST MONEY: Buyer shall deposit $none as Earnest Money
with n \a at n \a, as Escrow Agent, upon execution of this
contract by both parties. If Buyer fails to deposit the
Earnest Money as required by this contract, Buyer shall be in
default.
A. TITLE POLICY: None Required
B. SURVEY REQUIRED: None Required
NOTICE TO SELLER AND BUYER:
(1) Buyer is advised to have an Abstract covering the
Property examined by an attorney of Buyer's selection, or
Buyer should be furnished with or obtain a Title Policy.
If a Title Policy is furnished, the Commitment should be
promptly reviewed by an attorney of Buyer's choice due to
the time limitations on Buyer's right to object.
(2) If the Property is situated in a utility or other
statutorily created district providing water, sewer,
drainage, or flood control facilities and services,
Chapter 50 of the Texas Water Code requires Seller to
deliver and Buyer to sign the statutory notice relating
to the tax rate, bonded indebtedness, or standby fee of
the district prior to final execution of this contract.
(3) Buyer is advised that the presence of wetlands, toxic
substance including lead base paint or asbestos and waste
or other environmental hazards or the presence of a
threatened or endangered species or its habitat may
affect Buyer's intended use of the Property. If Buyer is
concerned about these matters, an addendum either
promulgated by TREC or required by the parties should be
used.
(4) If the Property adjoins and shares a common boundary with
the tidally influenced submerged lands of the state,
Section 33.135, Texas Natural Resources Code, requires a
notice regarding coastal area property to be included in
the contract. An addendum either promulgated by TREC or
required by the parties should be used.
7. PROPERTY CONDITION:
A. SELLER'S DISCLOSURE OF PROPERTY CONDITION (the "Notice ")
(Section 5.008 Property Code).
Buyer has not received the Notice. Within seven (7) days
after the effective date of this contract, Seller shall
deliver the Notice to Buyer. If Seller fails to deliver
the Notice within the time allowed, Buyer may terminate
this contract within three days after the time for
delivery of the Notice. If Seller timely delivers the
Notice, Buyer may terminate this contract for any reason
within seven days after Buyer receives the Notice.
B. REQUIRED REPAIRS OR INSPECTIONS.
[X1 (1) Buyer accepts the Property in its present
condition. Buyer shall pay for any repairs
designated by a lender.
fN /A1 (2) Buyer requires the completion of any repairs
designated by a lender and the following
repairs: NONE.
[N /A] (3) Buyer requires the completion of any repairs
designated by a lender and any repairs
designated by Buyer pursuant to the attached
Property Condition Addendum.
Buyer shall pay for inspections, reinspections, reports
and certificates.
8. BROKER'S REPRESENTATION AND FEES: NONE
9. CLOSING: The closing of the sale shall be on or before
, or within 7 days after objections to
title and survey have been cured, whichever date is later (the
Closing Date); however, if financing or assumption approval
has been obtained pursuant to Paragraph 4, the Closing Date
shall be extended up to 15 days only if necessary to comply
with lender's closing requirements (for example, survey,
insurance policies, property repairs, and closing documents).
If either party fails to close this sale by the Closing Date,
the non - defaulting party shall be entitled to exercise the
remedies contained in Paragraph 15. At closing Seller shall
furnish tax statements or certificates showing no delinquent
taxes, and a General Warranty Deed conveying good and
indefeasible title showing no additional exceptions to those
permitted in Paragraph 6.
10. POSSESSION: Seller shall deliver possession of the Property
to Buyer on closing and funding in its present or required
repaired condition, subject to the dollar limitations of
Paragraph 7, ordinary wear and tear excepted. Any possession
by Buyer prior to closing or by Seller after closing that is
not authorized by a temporary lease form promulgated by TREC
or required by the Parties shall establish a landlord- tenant
at sufferance relationship between the parties. Consult your
insurance agent prior to change or possession as insurance
coverage may be limited or terminated.
11. SPECIAL PROVISIONS: None.
12. SALES EXPENSES: The following expenses shall be paid at or
prior to closing:
A. Appraisal fees shall be paid by N /A.
B. The total of the loan discount and buydown fees shall not
exceed N /A% of the loan of which Seller shall pay the
first N /A% of the loan and Buyer shall pay the remainder.
C. Seller's Expenses: None
13. PRORATIONS: Flood and hazard insurance premiums (excluding
mortgage insurance), taxes for the current year, interest,
maintenance fees, assessments and rents shall be prorated
through the Closing Date. However, if a loan is assumed and
the lender maintains an escrow account for the payment of
taxes and insurance, the above items shall not be prorated.
Whether or not prorations are made, the escrow account shall
be transferred to Buyer without any deficiency. If prorations
are not made, the escrow account shall be transferred to Buyer
without reimbursement to Seller. If a transfer is permitted
by the insurance carrier, the insurance policy in force shall
not be transferred to Buyer. If the insurance policy in force
is not transferred, Buyer shall pay the premium for a new
policy.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer
shall be in default, and Seller may either (a) enforce
specific performance, seek such other relief as may be
provided by law, or both, or (b) terminate this contract and
receive the Earnest Money as liquidated damages, thereby
releasing both parties from this contract. If Seller is
unable without fault to make any non - casualty repairs or
deliver the Commitment within the time allowed, Buyer may
either terminate this contract and receive the Earnest Money
as the sole remedy or extend the time for performance up to 15
days and the Closing Date shall be extended as necessary. If
Seller fails to comply with this contract for any other
reason, Seller shall be in default and Buyer may either (a)
enforce specific performance, seek such other relief as may be
provided by law, or both, or (b) terminate this contract and
receive the Earnest Money, thereby releasing both parties from
this contract.
16. ATTORNEY'S FEES: If Buyer, Seller or Escrow Agent is a
prevailing party in any legal proceeding brought under or with
relation to this contract, such party shall be entitled to
recover from the non - prevailing party all costs of such
proceeding and reasonable attorney's fees.
17. ESCROW: The Earnest Money is deposited with Escrow Agent with
the understanding that Escrow Agent is not (a) a party to this
contract and does not have any liability for the performance
or non - performance of any party to this contract, (b) liable
for interest on the Earnest Money or (c) liable for any loss
of Earnest Money caused by the failure of any financial
institution in which the Earnest Money has been deposited
unless the financial institution is acting as Escrow Agent.
If either party makes demand for the payment of the Earnest
Money, Escrow Agent has the right to require from all parties
a written release of liability of Escrow Agent for -
disbursement of the Earnest Money. Any refund or disbursement
of Earnest Money under this contract shall be reduced by the
amount of unpaid expenses incurred on behalf of the party
receiving the Earnest Money, and Escrow Agent shall pay the
same to the creditors entitled thereto. At closing, the
Earnest Money shall be applied first to any cash down payment,
then to Buyer's closing costs and any excess refunded to
Buyer. Demands and notices required by this paragraph shall
be in writing and delivered by hand delivery or by certified
mail, return receipt requested.
18 REPRESENTATIONS: Seller represents that as of the Closing
Date (a) there will be no liens, assessments, Uniform
Commercial Code or other security interests against the
Property which will not be satisfied out of the Sales Price
unless securing payment of any loans assumed by Buyer and (b)
assumed loans will be without default. If any representation
in this contract is untrue on the Closing Date, this contract
may be terminated by Buyer and the Earnest Money shall be
refunded to Buyer. All representations contained in this
contract and an agreement for mediation shall survive closing.
19. NOTICES: All notices shall be in writing and effective when
mailed to or hand delivered at the addresses shown below.
20. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person ", as
defined by applicable law, or if Seller fails to deliver an
affidavit that Seller is not a "foreign person ", then Buyer
shall withhold from the sales proceeds an amount sufficient to
comply with applicable tax law and deliver the same to the
Internal Revenue Service together with appropriate tax forms.
IRS regulations require filing written reports if cash in
excess of specified amounts is received in the transaction.
21. DISPUTE RESOLUTION: It is the policy of the State of Texas to
encourage the peaceable resolution of disputes through
alternative dispute resolution procedures. The parties are
encouraged to use an addendum approved by TREC to submit to
mediation disputes which cannot be resolved in good faith
through informal discussion.
22. AGREEMENT OF PARTIES: This contract contains the entire
agreement of the parties and cannot be changed except by their
written agreement. Addenda which are a part for this contract
are (list): NONE
23. CONSULT YOUR ATTORNEY: This is intended to be a legally
binding contract. READ IT CAREFULLY. If you do not
understand the effect of this contract, consult your attorney
BEFORE signing.
BUYER'S ATTORNEY AND ADDRESS:
SELLER'S ATTORNEY AND ADDRESS:
Sheets & Crossfield, P. C.
309 East Main
Round Rock, Texas 78664
EXECUTED in multiple originals on
(THE EFFECTIVE DATE.)
ADDRESS AND TELEPHONE:
BUYER
WILMA STULL
SELLER
The CITY OF ROUND ROCK, TEXAS
BY:
ADDRESS AND TELEPHONE:
221 East Main
Round Rock, Texas 78664
(j) 12551.31012
CHARLES CUL'PEPPER
Mayor
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas 78664
SEP -29 -95 FRI 11:07 TITLE AGENCY OF AUSTIN
Title FW
Agency 1,140
or\
September 29, 1995
Mr. Paul Gambrell
City of Round Rock
vie fax #255 -6676
Dear Mr. Gambrella
FAX NO 512 244 1001 P. 01
RE: CFff 95082271
STULL /HOLUB
1003 E. AUSTIN AVENUE
ROUND ROCK, TX 78664
PORTIONS OF LOTS 9 AND 10. BLOCK 7, NELSON ADDITION TO
ROUND ROCK, TEXAS
Round Rack !Vice
I7I7IHJJNorth * Jhne /JO
RvmdRoat, 2c&..r79661
0/2).744 -1266 * /nr(5J2L2dd. /00/
Per our phnna rnnveraation yesterday. 1 an faxing you a copy of
the survey showing the encruachmeut of the house into a city ovmmd
right-of• way.
It is my understanding Lllal Ills situation will be reviewed by
the City Attorney and the Planning and Zoning Department. Pram
there. it will be submitted rn the City Council at the October 12,
1995 meeting. If approved by the City Cuuuoil, it will then be
submitted to the Development Rcvicw Hoard for final approval..
Please lot me know if I h.vw a miaronreption anywhere.
Please advise immediately if you Hood anything else from ma.
Thank-you for your assistance in this wetter. Time is of the coconce,
es this property is trying to elope es coon es possible.
Si
.Haan Patterson
Breech Maueger /Escrow Officer
sep
SEP -29 - 95 FRI 11;08 TITLE AGENCY OF AUSTIN
• SEP -20 -7D IHU 1E:15 WL SIMPSON
IU THE ORDER 117111 1C UF
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TIMTN( A. LENL 4793
FAX NO, 512 244 1001 P.02
5124522804
NR
P.12
RF XfY IEUE LIE CC RTIEY FMB
I,f. 5O4r7i1
ADDRESS: 1001 AUSTIN MENUS EAST
31 13*. LIA MIMICS TO RCM MRpIX. TIO.. BLOCK ,7
_CABINET A,
0.10E 9T.MT RECORDS CF WILLI/1101 lmn Y, ?EDIT
SIMPSON -LENZ t ASSOCIATES
PIWIMCIOAL IANO 6. VET0n5
101 wow OYRS ISM. EIITC .10
11011E ROOF. TAY.I 71.11
AOe AE. 150fs1
17111708 LI'd
7.1. p_lln.
DATE: October 20, 1995
SUBJECT: City Council Meeting, October 24, 1995
ITEM: 11.L. Consider a resolution authorizing the Mayor
to execute documents conveying seven (7) square
feet of right -of -way in Austin Avenue to Wilma
Stull
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION: Adoption of the resolution
Ms. Wilma Stull, owner of the real property located at 1003
Austin Avenue, recently discovered that seven square feet of her
home encroached within the city right -of -way in Austin Avenue.
Recent revisions to Section 272.001 of the Local Government Code,
V.A.T.S., allow the city to convey said property without having to
follow the normal bidding and notice procedures. The fair market
value of the seven square feet is $78.00,
L: \HPDOCS \CITY \BLUBSHHB \BLUSHBB6 /cdc
DEED WITHOUT WARRANTY
Date: November ,1995
Grantor: CITY OF ROUND ROCK, TEXAS
Grantor's Mailing Address (including county):
CITY OF ROUND ROCK, TEXAS
221 EAST MAIN STREET
ROUND ROCK, TEXAS
WILLIAMSON COUNTY
Grantee: WILMA S. STULL
Grantee's Mailing Address (including County):
WILMA S. STULL
County
10 Y- IIL
CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable
consideration. -
PROPERTY (including any improvements):
Seven (7) square feet of land out of Austin Avenue East,
adjoining Lot 10, Block 7 of the Nelson Addition to the City
of Round Rock, Texas, a subdivision of record in Cabinet A,
Slide 97 of the Plat Records of Williamson County, Texas,
being more particularly described by metes and bounds in
Exhibit "A" attached hereto.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights -of -way, and prescriptive rights, whether of
record or not; all presently recorded restrictions, reservations,
covenants, conditions, oil, gas or other mineral leases, mineral
severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners
in any walls and fences situated on a common boundary; any
encroachments or overlapping of improvements; taxes for the current
year, the payment of which Grantee assumes.
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance, conveys to Grantee the property
without express or implied warranty, and all warranties that might
arise by common law and the warranties to §5.023 of the Texas
Property Code (or its successor) are excluded.
DEED WITHOUT WARRANTY - PAGE 1
When the context requires, singular nouns and pronouns include
the plural.
STATE OF ( & 4CI!
COUNTY OF
PREPARED IN THE OFFICE
AFTER RECORDING RETURN
DEED WITHOUT WARRANTY - PAGE 2
.m-- \M19VO.VPO/cdc
ACKNOWLEDGMENT
CITY OF ROUND ROCK, TEXAS
This instrument was acknowledged before me on this the 9
day of A)DV5tYJI362 , 1995, by CHARLES CULPEPPER, Mayor, on
Round Rock, Texas.
4Acithfiw
Notary Public, State of Texas
OF:
Sheets & Crossfield, P.C.
309 E. Main St.
Round Rock, Texas 78664
TO:
Title Agency of Austin
1717 North IH 35
Round Rock, Texas 78664
'Charles pepper, Mayor
FIELD NOTE DESCRIPTION
7 SQUARE PEET OF LAND
PORTION OF AUSTIN AVENUE EAST
CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
FIELD NOTE DESCRIPTION OF SEVEN (7) SQUARE FEET'OF LAND OUT
OF AUSTIN AVENUE EAST, ADJOINING LOT 10, BLOCK 7 OF THE
NELSON ADDITION TO THE CITY OF ROUND ROCK. TEXAS. A
SUBDIVISION OP RECORD IN CABINET A, SLIDE 97 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY. TEXAS. THE SAID SEVEN (7)
SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR .REFERENCE at an iron rod found on the south
line of Austin Avenue East at the northwest corner of that
certain tract out of Lots 9 and 10 conveyed to Will C. Stull
Sr. recorded in Volume 660, Page 312 of the Deed Records of
Williamson County, Texas, from which an iron rod found at the
southwest corner of the said Stull tract bears S 17'30'05' E,
a distance of 69.92 feet and from which another iron rod
found at the northeast corner of that certain tract described
in a deed to W.C. Stull, Sr. and Idella Pearl Stull
recorded in Volume 2387, Page 559, Official Records of
Williamson County, Texas bears N 72'35'00" E. a distance of
74.50 feet (Basis of Bearing for this description. per Volume
660, Page 312 and Volume 2387, Page 559).
THENCE, N 72'35'00" E, a distance of 14.74 feet along the
south line of Austin Avenue East and north line of the said
Lot 10 and Stull tract to a point on the west line of an
existing house at 1003 Austin Avenue East for the PLACE OF
BEGINNING of the herein described tract;
THENCE, N • 12'47'25" W, a distance of 1.06 feet to the
northwest corner of said house;
THENCE, N 77'12'35" E, a distance of 13.10 feet along the
north line of said house to a point at the intersection with
the south line of Austin Avenue East, the same being the
north line of the said Lot 10 and Stull tract;
THENCE, 5 72'35'00" W, a distance of 13.14 feet along the
south line of Austin Avenue East to the PLACE OF BEGINNING,
containing seven (7) square feet of land, more or less.
Timothy A. Le R. .L
September 23, 1995
•
SIMPSON & ASSOCIATES
301 Heaters Crossing, Suite 150
Round Rock, Texas 78681 (512) 388 -6052
EXHIBIT "A"
Page 1 of 2 Pages
rIIr
rouny
SCALE
I'• 20'
•VOL.660
.P0.312
P(72'34'16' C 27.26'
2 72'14'10' Y 100.40'
I P
D:
11; �
11 I q
2
I
10.9'
95'0'3 01.-
TIMOTHY A. LENZ R,P.L.a. FA. 4343
AUSTIN AVENUE EAST
EDGE cr rArDrrnr
9
(.0, 10
0.116 ACRE
1, VOL.660 PG. 312 R
LE'
72 V 100.06
S 72'36'04'W 52.76'
Ir r2 ,5 v s7, Qa • 1 . ti
1 1
VOL,2280 PG.337
Ni i
5 1 0.
TD THE DVNEP. METIER MORTGAGE, INC..
ALAND TITLE IHKURANUE be TEAS ASOOOy Aaauf O V F 1E AAU � STIN'
Te cre 1 a 7 r g7p t �UpT R ���1 C l1E II , Y. ! rO DISSDKBFA SlicliR IN
ASS N R 1140 SA10 TVS ACCE TD PHO FROM A
DEDICATED
8E00 DEDICATED ROAOVAY, E7fCEP' AO SHOW HEREIN.
YEAR EE N.
02
AS IDENTIFIED N a NOT IlHI FEDERAL C NSUR00L�A Rp R �I{{ N OD HAZARD AR CA
MAZNtD B0VNDARY NAP. PANEL ND. 42491CO330C EFFECTIVE DATE
SEFTBABER E1. gril
EXHIBIT "A"
Page 2 of 2 Pages
'77
rlsvcrs s1t
(N MUST 74.991
N 72.35'00'E
74.50'
\ S 72'33'12'W
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FI ELD N OTE D E C
SG'RRIP
REF: JErr Kam AND COUYTNEY FIDLUB
G.F. 94022211
AODRESSI IDOE AUSTIN AVENjE EAST
LEGAL DESC.: PART or LOTS ! AND 10, BLOCK 7,
ND.204 AUDITION TO ROUND ROCK TEXAS CABINET A,
S.IDC 970 LI
AT RECORDS OF 14ILAN50N E 0u4Dr TEXAS.
SIMPSON —LENZ & ASSOCIATES
PROFESSIONAL LANE) SURVEYORS
301 FESTEXI Cl 88IM. SUITE 100
RCJIO ROCK, TDW3 11441
JOB NO. 950701 14121788 -6052 11.1. 74-12'44
10.25.93
ONE TO FOUR FAMILY RESIDENTIAL EARNEST MONEY CONTRACT (RESALE)
P46 12 " ALL CASH, ASSUMPTION, THIRD PARTY CONVENTIONAL OR SELLER FINANCING
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
NOTICE: Not For Use For Condominium Transactions
1. PARTIES: chi °A rV ),,.,� I(2 em r- �C) (Seller) agrees to sell
and convey to n r r/yry; LI ,4 . C�. .1 Di (Buyer) and Buyer
agrees to buy from Seller the property described below.
2. PROPERTY: Lot 9 - 1 C • Block '7 L 7l f:Q.OlTvL
Addition, City of f)u-e, 12" a12 /IOLLtr 3 m.: County, Texas, • knowq, 1 C f'. P, Oi i n h A- 04.0 • (Address), or as described on attached
exhibit,
shutters, awnings, wall - to-wall carpeting, mirrors fixed in place, ceiling fans, attic fans, mail box - rsion antennae and
satellite dish with controls; permanently installed heating and air conditioning units and -• ' • „ -nt, window air conditioning units,
built -in security and fire detection equipment, lighting and plumb' • A, water softener, built -in kitchen equipment, garage
door openers with controls, built -in cleaning equi • r, swimming pool equipment, shrubbery, permanently installed outdoor
cooking equipment, built -in fireplace . . , and all other property owned by Seller and attached to the above described real
property except the fol • : , roperty which is not included:
All property sold by this contract is called the "Property." The Property ❑ is'tis not subject to mandatory membership in
an owners' association and its assessments and requirements.
3. SALES PRICE: 'a .
A. Cash portion of Sales Price payable by Buyer S nQ • o
B. Sum of all financing described below (excluding any private mortgage insurance [PMI] premium) S cD
C. Sales Price (Sum of A.and B) S 157. cJ 0
o A. ASSUMPTION:
0 (l Buyer shall assume the unpaid principal balance of a first lien promissory note payable to
which unpaid balan at closing will
S . The total current monthly payment including principal, interest • reserve deposits
is Ss, . Buyer's initial payment shall be the first payment due afte losing.
❑ (2) Buyer all assume the unpaid principal balance of a second lien promissory note pay • e to
whi • , unpaid balance at closing will
be $ N. . The total current monthly payment including p ' • pal, interest and reserve deposits
• is $ . Buyer's initial payment shall be the first p went due after closing.
Buyer's assumption of an exr note includes all obligations imposed by the d • of trust securing the note.
If the unpaid balance(s) of any timed loan(s) as of the Closing Date vari from the loan balance(s) stated above, the
0 cash payable at closing sales priceshall be adjusted by the amount of - , variance; provided, if the total principal balance
of all assumed loans varies in an amounl'greater than 5350.00 at clo g, either party may terminate this contract and the
Earnest Money shall,be refunded to Buyer unless either party elec • eliminate the excess in the variance by an appropriate
adjustment at closing. If the noteholder requires (a) payment • • assumption fee in excess of 5' in A(1) above
or S in A(2) above and Seller declmesto •ay such excess, or (b) an increase in the interest rate to more
than % in A(I) above, or % in A(2) •ve, or (c) any other modification of the loan documents, Buyer may
terminate this contract and the Earnest Money I be refunded to Buyer. A vendor's lien and deed of trust to secure
assumption shall be required which shall auto tically be released on execution and delivery of a release by noteholder. If
Seller is released from liability on any as • med note, the vendor's lien and deed of trust to secure assumption shall not be
required.
NOTICE TO BUYER: The mon y payments, interest rates or other terms of some loans may be adjusted by the lender at
or after closing. If you are co • erned about the possibility of future adjustments, do not sign the contract without examining
the notes and deeds of t
NOTICE TO SELL : Your liability to pay the note assumed by Buyer will continue unless you obtain a release of liability
from the lender.•I ou are concerned about future liability, you should use the TREC Release of Liability Addendum.
0 B. THIRD P ' Y FINANCING:
(I) third party first lien note of $ (' (excluding any financed PMI premium), due in full
not to exceed % per annum for the first
o the loan. The loan shall be ❑ wi
Initialed for identification by Buyer and Seller
WILLIAMSON COUNTY ASSOCIATION OF REALTORS a , INC
TREC NO. 20 -2
N_ 008
One to For Family Reaident;al Earnest Money Contract Concerning - t w v G" ) Page Three 10-25 -93
'• - (Addm . of Property
1KbU: (Check one box only) .
0 (I) Within_ days after Buyer's receipt of a survey plat furnished to a third -party lender at B
may object in writing to any matter shown on the plat which constitutes a defect
0 (2) Within days after the effective date of this contract, Buyer ma
constitutes a defect or encumbrance to title shown on a survey pl
The survey shall be made by a Registered Professional Land Survey
plat shall: (a) identify the Property by metes and bounds or
staked on the ground with comers permanently marked;
all improvements, highways, struts, roads, railroa
on the Property ; (e) show any discrepancies
Property lying within the 100 year fl
contain the surveyor's certificate
dedication deed and plat of
Buyer's failure to object
except that the requi
by Buyer or • 1. ird party lender, Seller shall cure the objections within 15 days from the date Seller receives them and the
Closing a : e shall be extended as necessary. If objections are not cured by the extended Closing Date, this contract shall
to •„r . • • - — • oney - - - • • • - • - r un ess Buyer e ects to waive
TICE TO SELLER AND BUYER:
(1) Broker advises Buyer to have an Abstract covering the Property examined by an attorney of Buyer's selection, or Buyer
should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Comtitment should be promptly
reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object.
(2) If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control
facilities and services, Chapter 50 of the Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice
relating to the tax rate, bonded indebtedness, or standby fee of the district prior to finial execution of this contract.
(3) Buyer is advised that the presence of wetlands, toxic substances including lead -base paint or asbestos and- wastes or other
environmental hazards or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use
of the Property. If Buyer is concerned about these matters, an addendum either promulgated by TREC or required by the
parties should be used.
(4) If the Property adjoins-and shares a common boundary with the tidally influenced submerged lands of the state, Section
33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract.
An addendum either promulgated by TREC or required by the parties should be used.
7. PROPERTY CONDITION. '
A. SELLER'S DISCLOSURE OF PROPERTY CONDITION (the 'Notice")(Section 5.008 Property Code)(check one box only):
❑ (1) Buyer has received the Notice.
❑ (2) Buyer has not received the Notice. Withir111O.t. _.days after the effective date of this contract, Seller shall deliver
the notice to Buyer. If Seller fails to deliver the Notice within the time allowed, Buyer may terminate this contract
within three days after the time for delivery of the Notice. If Seller timely delivers the Notice, Buyer may terminate
this contract for any reason within seven days after Buyer receives the Notice.
B. itEQUIRED REPAIRS OR INSPECTIONS. (Check one box only):
' (1) Buyer accepts the Property in its present condition. B+g t 11 ' ltElier-
O (2) Buyer requires the compl tiF on of any repairs designated by a lender and the following repairs:
O (3) Buyer requires the completion of any repairs designated by a lender and any repairs designated by Buyer pursuant
to the attached Property Condition Addendum. Buyer shall pay for inspections, reinspections, reports and
certificates.
expense, Buyer
umbrance to title.
Jett in writing to any matter which
ed by Buyer at Buyer's expense.
ptable to the title company and any lender. The
lot description; (b) show that the survey was trade and
set forth the dimensions of the property; (d) show the location of
vers, creeks or other waterways, fences, easements and rights of way
conflicts in boundaries, any visible encroachments, and any portion of the
n as shown on the current Federal Emergency Management Agency map; and (t)
the survey 'as shown by the plat is true and correct. Utility easements created by the
bdivision in which the Property is located shall not be a basis for objection.
Paragraph 6A or 6B within the time allowed shall constitute a waiver of Buyer's right to object;
is in Schedule C of the Commitment shall not be deemed to have been waived. If objections are nude
.
A —
or repairs required by the contract
than S or
S. Subject o - - •• ,• rat
.. • y roperty Condition Addendum. Seller is not obligated to pay more
treatment and repairs resulting from termites or other wood -destroying insects or to pay more
rs a asopay
et
II •
pursuant to 7B(2) or 7B(3), Seller shall notify Buyer within 7 days (1) of the costs of all required . ,• • repairs and
(2) whether Seller will pay the costs that exceed the amounts in 7C. If Seller er t Seller will not pay the excess
costs, Buyer tnay (1) pay the excess costs (2) ace y with the costs of treatment and repairs not to exceed the
amounts in 7C if 1' • n•er), or (3) terminate this contract and the Earnest Money shall be refunded to Buyer.
Buyer Initialed for identification by Buyer and Seller
WILLIAMSON COUNTY ASSOCIATION OF REALTORS'g , INC.
TREC NO. 20-2
Nn_ 00
One to Four Family Residential Earnest Money Contract Concerning ' • 1 - ls. - C_.Z •l n - ._...� Page Six 10-25 -93
(Address of Property)
mediation disputes which cannot be resolved in good faith through informal discussion.
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by
their written agreement. Addenda which are a part of this contract are (list): (I( /(e -
23. CONSULT YOUR ATTORNEY: Brokers cannot give legal advice. Ibis is intended to be a legally binding contract. READ
IT CAREFULLY. If you do not understand the effect of this contract, consult your attorney BEFORE signing.
Buyer's Seller's
Attorney: Attorney:
EXECUTED in multiple originals the day of , 19 (THE EFFECTIVE DATE).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE AND THE P. ;'✓ E P ' SSES.)
CI K, TEXAS
By
Buyer
Buyer
Buyer's Address .
Seller CHARLES Y EPPER, Mayor
Seller
221 East Main, Round Rock, Tx. 255 -3612
Phone No. Seller's Address Phone No.
The form of this contract has been approved by the Texas Real Estate Commission. Such approval relates
to this contract form only. No representation is made as to the legal validity or adequacy of any provision
in any specific transaction. It is not suitable for complex transactions. Extensive riders or additions are not
to be used. (10 -93) TREC NO. 20-2. This form replaces TREC NO. 20 -1.
AGREEMENT BETWEEN BROKERS
Listing Broker agrees to pay 1" -- Other
Broker, a fee of of the total sales price when the Listing Broker's fee is received. Escrow Agent is authorized
and directed to pay Other Broker from Listing Broker's fee at closing.
w
Other Broker
/
By: ( 7 0,4/ - , A i/
•
X16
Other Broker's Address
License No. Listing Broker
By:
^ Sdd
Phone No. Listing Broker's Address
License No.
Phone No.
Receipt of O Contract and ❑ S Earnest Money in the form of •
is acknowledged.
Escrow Agent: By:
Date: 19 .
RECEIPT
Address
City
Texas Zip Code
WIL I IAMR(lN (^n1 INTV seenr^IATInM (1F P AI T(1RRa' INC
TREC NO. 20-2
Elem
XH/f5/T R
M.`
FIELD NOTE DESCRIPTION
7 SQUARE FEET OF LAND
PORTION OF AUSTIN AVENUE EAST
CITY OF ROUND ROCK, WILLIAMSON COUNTY. TEXAS
FIELD NOTE DESCRIPTION OF SEVEN (7) SQUARE FEET OF LAND OUT
OF AUSTIN AVENUE EAST. ADJOINING LOT' 10, BLOCK 7 OF THE
NELSON ADDITION TO THE CITY OF ROUND ROCK. TEXAS. A
SUBDIVISION OF RECORD IN CABINET A. SLIDE 97 OF THE PLAT
RECORDS OF WILLIAMSON COUNTY. TEXAS. THE SAID SEVEN (7)
SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at an iron rod found on the south
line of Austin Avenue East at the northwest corner of that
certain tract out of Lots 9 and 10 conveyed to Will C. Stull
Sr. recorded in Volume 660, Page 312 of the Deed Records of
Williamson County, Texas, from which an iron rod found at the
southwest corner of the said Stull tract bears S 17'30'05" E,
a distance of 69.92 feet and from which another iron rod
found at the northeast corner of that certain tract described
in a deed to W.C. Stull, Sr. and Idella Pearl Stull
recorded in Volume 2387, Page 559, Official Records of
Williamson County, Texas bears N 72'35'00" E, a distance of
74.50 feet (Basis of Bearing for this description, per Volume
660, Page 312 and Volume 2387, Page 559).
THENCE, N 72'35'00" E, a distance of 14.74 feet along the
south line of Austin Avenue East and north line of the said
Lot 10 and Stull tract to a point on the west line of an
existing house at 1003 Austin Avenue East for the PLACE OP
BEGINNING of the herein described tract;
THENCE, N 12'47'25'.' W, a distance of 1.06 feet to the
northwest corner of said house;
THENCE, N 77'12'35" E, a distance of 13.10 feet along the
north line of said house to a point at the intersection with
the south line of Austin Avenue East, the same being the
north line of the said Lot 10 and Stull tract;
THENCE, S 72'35'00" W, a distance of 13.14 feet along the
south line of Austin Avenue East to the PLACE OF BEGINNING.
containing seven (7) square feet of land, more or less.
Timothy A, Ledz,
September 23, 1995
SIMPSON -LENZ & ASSOCIATES
301 Heaters Crossing, Suite 150
Round Rock, Texas 78681 (512) 388 -6052