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R-96-11-07-10A - 11/7/1996April 24, 1997 Law Office of Stephan L. Sheets 309 E. Main Street Round Rock, TX 78664 Owners Title Policy Warranty Deed Affidavit of Commencement Title Agency of Austin Marci Littleton Post Closing Escrow Officer 12.7 Alamo Title Company RE: GF# 96114856 File # 96- 114856 -9 JoAnn Robinson and James A. Robinson /City of Round Rock Lot 12, Block 21, Original Plat of City of Round Rock In connection with the above referenced property, we are enclosing the following items: Please do not hesitate to call if we may be of further assistance or if you have any questions regarding the enclosed documents. J 1 991 KCVD 3305 Northland Drive, Suite 100 • Austin, TX 78731 • (512) 459 -7222 • Fax (512) 459 -7460 An Alamo Title Group Company Servicing Travis, Williamson, Hays and Bastrop Counties FORM T -1: Owner Policy of Title Insurance A10191(1/03) By: 4. Lack of a right of access to and from the land; OWNER POLICY OF TITLE INSURANCE Issued by szAta Alamo Title Insurance of Texas ALAMO TITLE INSURANCE OF TEXAS By '— President 465328 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ALAMO TITLE INSURANCE OF TEXAS, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy; 5. Lack of good and indefeasible title. The company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. 4 I/ Effective January 1, 1993 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' lees or expenses that anse by reason of 1 (a) My law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances. or regulations) restricting, regulating, prohibiting or relating to (1) Iho occupancy use, or enjoyment of the land, (a) the character dimensions or location of any improvement now or hereafter erected on the land, (11) a separation in ownership ore change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) My governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect ben or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy - 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records al Date of Policy, but not excluding from coverage any taking that has occurred prior to Date of Polity which would be binding on the rights of a purchaser for value without knowledge 3. Defects, liens, encumbrances, adverse claims or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the Insured claimant became an Insured under this policy, (c) resulbng in no loss or damage to the insured claimant; (9) attaching or created subsequent to Dale of Policy; (e) 10501009 in loss or damage that would not have been sustained if the Insured claimant had paid value for the estate or interest Insured by this Policy 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of unmarketability of the tide. 5 Any claim, which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or Interest Insured by This policy, by reason of the operation of federal bankruptcy, stale insolvency, or other state or federal creditors' nghtslaws that 5 based on either (I) the Transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a vendable distribution or voidable dividend or (1) the subordination or recharadenzabon of the estate or Interest insured by This Policy as a result of the appbcation of the dodnne of equitable subordination or (aQ the transaction creating the estate or interest Insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or Its issuing agent to limey file for record the Instrument of transfer to the insured after delivery or the failure of such recordation to impart notice to a purchaser for value or a judgment or ben creditor. CONDITIONS AND STIPULATIONS 1 DEFINITION OF TERMS. The following terms when used In this policy mean. (a) 'Insured': the Insured named in Schedule A, and, subject to any rights or defenses the company would have had against the named Insured, those who succeed to the interest of the named Insured by operation of law as distinguished from purchase including, but not limited to, heirs, distnbutees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors. and specifically. without limitation, the following: (q the successors in Interest to a corporatmn resulting from merger or consolidation or the distnbution of the assets of the corporation upon partial or complete Ipuidatron, n the partnership successors in interest to a general or limited partnership which dissolves but does not terminate; (iii) the successors in interest 10 a general or limited partnership resulting from the distnbution of the assets of the general or limited partnership upon partial or complete liquidation, (iv) the successors In Interest to ajoint venture resulting from the distnbution of the assets of the joint venture upon partial or complete liquidation; (v) the successor or substitute trustee(s) of a trustee named in a written trust instrument, or (vi) the successors In interest to a trustee or trust resulting from the distnbution of all or pan of the assets of the cost to the beneficiaries thereof (b) 'Insured claimant' an Insured claiming loss or damage. (c) 'knowledge' or 'known", actual knowledge, not constructive knowledge or notice that may be Imputed to an Insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) land': the land descnbed or referred to in Schedule A, and improvements affixed thereto that by law constitute real property. The tens land' does not Include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a nght of access to and from the land is Insured by this policy. (e) 'mortgage'• mortgage, deed of trust, trust deed, or other secunty instrument. (1) 'public records'. records establshed under state statutes as Date of Policy for the purpose of Impamng constructive notice of matters relating to real property to purchasers for value and without knowledge With respect to Section l(a)(1v) of the Exclusions From Coverage, 'public records' also shall include environmental protection liens filed In the records of the clerk of the United States district court for the distnct in which the land 0 located (9) 'access'. legal nghl of access to the land and not the physical condition of access. The coverage provided as to access does not assure the adequacy of access for the use intended. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shag continue in force as of Date of Policy in favor of an Insured only so long as the insured retains an estate or interest In the land, or holds an indebtedness secured by a purchase money mortgage grim by a purchaser from the insured, or only so long as the insured shag have liability by reason of covenants of warranty made by the insured In any transfer or conveyance 01 the estate or interest This policy shall not continue In force In favor of any purchaser from the insured of either (I) an estate or Interest in the lard, or (n) and Indebtedness secured by a purchase money mortgage given to the insured 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in wnling (i) in case of any litigation as set lonh In Seddon 4(a) below, or (11) In case knowledge shall come to an Insured hereunder of any claim of title or Interest That Is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall In no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only the extent of the prejudice. 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 lo,the estate or interest in the land Insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect Is val9 and not barred by law or statute The Company shall notify the Insured in writing, within a reasonable time, of Its determination as to the validity or invalidity of the Insureds claim or charge under the policy 11 the Company concludes that the hen, 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 daim or defect is valid, the Company shall take one of the following actions (n) Institute the necessary proceedings to clear the Iran, encumbrance, adverse claim or defect from the title to the estate as Insured, (o) indemnity the Insured as provided in this policy, (en) upon payment of appropriate premium and charges therefor, Issue to the insured claimant or to a subsequent owner, mortgagee or holder of the estate or interest m the land insured by this policy, a policy of title meuraace without exception for the hen, encumbrance, adverse claim or defect, said policy to be In an amount equal to the current value of the property or, d e mortgagee policy, the amount of the loan. (iv) indemnify another title insurance company in connection with i(s issuance of a porcy(ies) of ti0e Insurance without exception for the hen, encumbrance, adverse claim or defect, (v) secure a release or other document discharging the ben, encumbrance, adverse claim or defect, or (vi) undertake a combination of (1) through (v) herein File No: 96114856 Amount of Insurance: $27,000.00 ' Date of Policy: February 28, 1997 at 3:34 P.M. 1. Name of Insured: The City of Round Rock g OWNER POLICY OF TITLE INSURANCE SCHEDULE A 2. The estate or interest in the land that is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is insured as vested in: The City of Round Rock 4 The land referred to in this Policy is described as follows: Lot Twelve (12), Block "21 ", City of Round Rock, Williamson County, Texas, according to the map or plat thereof recorded in Cabinet A, Slide 190, Plat Records of Williamson County, Texas. Title Agency of A stin ALAMO TITLE INSURANCE OF TEXAS ! AD.� ►ham Authorized ' -tory FORM T -1: Owner Policy of Title Insurance - Schedule A Policy No: 0- 465328 Effective January 1, 1993 OWNER POLICY OF TITLE INSURANCE SCHEDULE El FILE NO: 96114856 POLICY NO: 0 465328 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the Leases or easements insured if any, shown in schedule A, and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert . specific recording data or delete this exception): Exception No. 1 of Schedule B above, is hereby deleted in its entirety. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, corporations, governments or other entities, a. to tidelands,or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in Lands, or artificial islands, or d. statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 19 97 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. 6. The following matters and all terms of the documents creating or offering evidence of the matters(We must insert matters or delete this exception.): A. Omitting from any documentation set out herein discriminatory provisions, if any, based on race, color, religion, sex, handicap, familial status, national origin, or any other prohibited basis of discrimination. B. Visible and apparent easements on or across the property. C. Rights of parties in possession. Title Agency of Austin ALAMO TITLE INSURANCE OF TEXAS FORM T-1: Owner Policy of Title Insurance - Schedule 8 Effective January 1, 1993 CONDITIONS AND STIPULATIONS • Continued 4. DEFENSE AND PROSECUTION OF ACTIONS DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at Its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts 0 claim adverse to the title or interest as Insured, but only as to those stated causes of action alleging a defect, ben or encumbrance or other matter insured against by this policy The Company shall have the nght to select counsel of Its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the lees of any other counsel The Company will not pay any lees, costs or expenses incurred by the insured In the defense of Nose causes of action that allege matters not insured against by this oolmy (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in Its opinion may be necessary or desirable to establish the brie to tie estate or Interest, as insured, or to prevent or reduce loss or damage to the insured The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive arty provision of this policy. If the Company shall exercise its nghts under this paragraph, it shall do so difigenny (0) 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 litigation to final determineion by a court of competent jurisdiction and expressly reserves the nght, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of the Insured for this purpose Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable and (i) In any action or proceeding, secunng evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (0) in any other lawful ad that in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. lithe Company Is prejudiced by the !allure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall temunate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days alter the insured claimant shall ascertain the fads giving nse to the loss or damage The proof of loss or damage shall descnbe the detect in. or lien or encumbrance on the tide, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company js prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any Ilablity or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requmng such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authonzed representative of the Company and shall produce for examination, inspection and copying, at such reasonable tams and places as may be designated by any authonzed representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether beanng a date before or after Date of Policy, which reasonably pertain to the loss or damage Further, if requested by any authonzed representative of the Company the insured claimant shall grant Its permission, In witting, for any authorzed representative of the to examine, inspect and ., copy all records, books, ledgers, checks correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All Information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information' or grant permission to secure reasonably necessary Information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS, TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options (a) To Pay or Tender Payment of the Amount of Insurance. To pay or lender payment of the amount of insurance under Nis policy. together with any costs, attorneys' lees and expenses Incurred by the insured claimant, which were 001000zed by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend. prosecute. or continue any litigation. and the policy shall be surrendered to the Company for cancenation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or In the name of an irsured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (n) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' tees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay Upon the exercise by the Company of either of the options provided for In paragraphs (0)(1) or (o), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made. shall terminate, including any Lability orobigation to defend, prosecute or continue any litigation 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein descnbed (a) The liability of the Company under this policy shall not exceed the least of (1) the Amount of Insurance stated in Schedule A, (10) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this poky at the date the insured claimant is recurred to furnish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations (b) In the event Ilse Amount of Insurance stated in Schedule A al the Date of Policy Is less than 80 percent of the value cf the insured estate or interest or the lull consideration paid for the land, whichever is less, or 11 subsequent to the Date of Policy an improvement is erected on the land whch increases the value of the insured estate or interest by as least 20 percent over the Amount of Insurance slated in Schedule A, then this Policy is subject to the following• (Q where no subsequent improvement has been made, as td any herbal loss, the Company shall only pay the loss pro rata In the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (e) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated In Schedule A and the amount expended for the improvement The provisions of this paragraph shall not apply to costs, attorneys fees and expenses for which the Company Is liable under this policy, and shall only apply to that portion of any loss which exceeds, m the aggregate, 10 percent of the Amount of Insurance stated in Schedule A (c) The Company will pay only these costs. attorneys lees and expenses Incurred in accordance with Section 4 of these Conditions and Stipulations 8 APPORTIONMENT If the land described In Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured al the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9 LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, all as insured or lakes action in accordance wdh Section 3 or Section 6, in a reasonably diligent manner by any method. including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations vat respect to That matter and shall not be liable for any joss or damage caused thereby. (b) In the event of any hbgation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage unid there has been a final determination by a court of competent junsdicdon and disposmon of all appeals therefrom, adverse to the title as Insured (c) The Company shall not be liable for loss or damage to any nisure0 for liability voluntanly assumed by the Insured in settling any claim or suit without the pnor written consent of the Company 10 REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. ' All payments under this poky. except payments made for costs. attorneys' fees and expenses. shall reduce the amount of the insurance pro lento (Continued on Reverse Side of Page) V a ° L c 0 0 a) _c 0 r L.A e CO O N . C (0 U M m C 5 0 Z LO 03 M CONDITIONS AND STIPULATIONS - Continued 11. LIABILITY NONCUMULATIVE. B is expressly understood that the amount of Insurance under this policy shall be reduced by any amount the Company may pay under any policy Insunng a mortgage M which exception Is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which Is hereafter executed by an Insured and which Is a charge or lien on the estate or Interest descnbed or referred to in Schedule A, and the amount so paid shall be deemed a payment under This policy to the Insured owner. 12. PAYMENT OF LOSS. (e) No payment shall be made without produang this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of 1050 Of destruction shall be furnished tome satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 19. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a daim under this policy, all right of subrogation shall vest In the Company unaffected by any ad of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies that the Insured claimant would have had against any person or property in respect to the claim had this policy not been Issued. II requested by the Company, the Insured claimant shall Transfer to the Company all rights and remedies against any person or property necessary In order to perfect thls nght of subrogation. The Insured claimant shall permit the Company to sue, compromise or sense In the name of the Insured claimant and to use the name of the Insured claimant in any transaction or Imgatron involving these rights or remedies. 11 a payment on account of a claim does not luty cover the bas of the Insured clamant the Company shall be subrogated to these rights and remedies In the proportion that the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, In that event, shall be required to pay any that part of any losses insured against by this policy that shall exceed the amount, 11 any, lost to the Company by reason of the Impairment by the insured claimant of the Company's fight of subrogation (b) The Company's Rights Against Nan - Insured Obligors. The Company's nght of subrogation against non - Insured obligors shall exist and shall include, without limitation, the nghts of the insured to Indemnifies, guaranties, other policies of Insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogatan nghts by reason of this policy 14. ARBITRATION. Unless prohibited by applicable law or unless this arbitration section Is deleted by specific prowsmon m Schedule B of this policy, either the company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but ere not limned to, any controversy or claim between the Company and the Insured a0510g out of or relabng to this policy, any service of the Company in connection with its Issuance or the breach of a policy provision or other obligation All arbitrable matters when the Amount of Insurance is 51,000,000 Or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the Insured Is an individual person (as distinguished from a corporation. trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is m excess of 91,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules In effect on the date the demand for arbitration Is made or, at the option of the insured, the Rules In effect at Dale of Policy shall be binding upon the parties The award may Include attorneys' lees only it the laws of the stale In which the land Is located per01 a court to award attorneys' fees to a prevailing parry. Judgment upon the award rendered by the Arbitrator(s) may be entered In any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules A copy of the Rules may be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY: POUCY ENTIRE CONTRACT. (a) This policy together with all endorsements, 11 any, attached hereto by the Company Is the enbre policy and contract between the Insured and the Company. In Interpreting any provision of rams policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arise out of the status of the title to the estate or Interest covered hereby or by any action asserting such claim, shall be restricted to this policy (c) No amendment of or endorsement to this policy can be made except by a wnbng endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company. 18 SEVERABILITY. In the event any provision of the policy Is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision, and all other provisions shall remain in lull force and effect 17. NOTICES, WHERE*ENT. All notices required to be given the Company and any statement m wnfing required to be lumished the Company shall Include the number of this policy and shall be addressed to the Company et 10010 San Pedro, Suite 800, San Antonio, Texas 70215.3895 COMPLAINT NOTICE. Should any dispute ado 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 le not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 78714-9091, Fax No. (512) 475.1771. This notice of complaint procedure Is for Information only and does not become a part or condition of this policy. 6802 Hanover Lane Austin, Texas 78723 Travis County 221 E. Main St. Round Rock, Texas 78664 Williamson County CASH WARRANTY DEED Date: February 20, 1997 Grantor: Jo Ann Robinson, and husband James A. Robinson, Sr. Grantor's Mailing Address (including county): Grantee: The City of Round Rock Grantee's Mailing Address (including County): Property (including any improvements): DOC# 9708698 9cprlz/S59 y Consideration: TEN AND NO /100 DOLLARS and other good and valuable consideration. Lot 12, Block 21, Original Plat of the City of Round Rock, Williamson County, Texas, recorded in Cabinet A, Slide 190, Plat Records of Williamson County, Texas. Reservations From and Exceptions to Conveyance and Warranty: None Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. CASH WARRANTY DEED - PAGE 1 6 \ GVDDCG\ ACITY \958ONDS \ LIDAAAY \D6 ®J.IIVD /,cg OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS STATE OF TEXAS § COUNTY OF WILLIAMSON § Ann Rbbins mes A. Robinson, Sr. ACKNOWLEDGMENT This instrument was acknowledged before me 1997, by Jo Ann Robinson. STATE OF TEXAS COUNTY OF WILLIAMSON ACKNOWLEDGMENT § § This instrument was acknowledged 1997, by James A. Robinson, Sr. PREPARED IN THE OFFICE OF: Brown McCarroll Sheets & Crossfield, 309 E. Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO CASH WARRANTY DEED - PAGE 2 Notary Public, State of Texas Return to: Title Agency of Austin 3305 Northland Drive Suite 100 Austin, Texas 78731 g62f 9 before me on f / ce L L P. on P54. otary Public, State of Texas Doc# 9708698 it Pages: 2 Date : 02 -28 -1997 Time : 03:34:17 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 11.00 niE STATE OF TEAS re, op. ^c witf,as5n:t 6;tWy C133 MIS CCCUm:ri Val MID at RcCO!ITT e ttv CN'W Punt. 0.•m w iVamsar Cave= Toat a. 6• &co s¢A tau ampen tnertmn r , U WI CLERK mtAs Date: Februaryl4 , 1997 Deceased: Evans Cummings Property: NAME: BIRTH DATE: BIRTHPLACE: AFFIDAVIT OF HEIRSHIP - PAGE 1 SA \RPDOCS \ACFIY \96BONDS \LIBRARY \AFI_RBIR.NPD /e1e AFFIDAVIT OF HEIRSHIP GF# Jo Ann Cummings Robinson December 10, 1942 San Antonio, Texas Retum to: Title Agency . Austin 3305 North .nd Drive Suite 100 Austen, _xas 78731 DOC$$ 9708697 Lot Twelve (12), Block "21 ", City of Round Rock, Williamson County, Texas, according to the map or plat thereof recorded in Cabinet A, Slide 190, Plat Records of Williamson County, Texas. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 96,f 56 -1' Spouse: Learlean Cummings Affiant: Ulysses Robinson Affiant on oath swears that the following statements are true: Affiant makes this affidavit of heirship in connection with the death and heirship of Deceased and particularly in connection with the property. I was a friend of Deceased and his family from the late 1940's until the date of his death. My brother James married the Deceased's only child, Jo Ann Cummings. Deceased was born on September 18, 1899 at Rockdale, Texas. Deceased died on February 5, 1966 at Austin, Travis County, Texas, at the age of 66, a resident of Williamson County, Texas, without leaving a will. Affiant knows of no completed, pending, or contemplated administration of the estate. Deceased was married once. Decedent was married to Learlean Cummings sometime in the late 1930's or early 1940's, at Round Rock, Texas. The following child was born to that marriage: SPOUSE'S NAME: James A. Robinson, Sr. RESIDENCE ADDRESS: 6802 Hanover Lane, Austin, Travis County, Texas 78723 The child named above is still living. No children other than those named in this affidavit of heirship were born to Deceased, adopted by Deceased, or taken into the home of Deceased with the understanding of adoption. No children, grandchildren, or other direct descendants other than those named in this affidavit of heirship were born to, adopted by, or taken into the home of the deceased child of Deceased. Deceased's estate consists solely of Deceased's community one - half interest in the community property of Deceased and decedent's Spouse. The gross value of Deceased's estate, as defined for federal estate tax purposes to include all real estate, stocks, bonds, mortgages, notes, cash, life insurance on Deceased's life, jointly owned property, transfers during Deceased's life, powers of appointment, annuities, cash surrender value on life insurance owned by Deceased, and other tangible and intangible assets, does not exceed $10,000.00. Filing is not required for any federal estate tax return or state inheritance tax return, and no federal estate taxes or state inheritance taxes are due on Deceased's estate. All debts of the estate have been paid. There has been no probate administration of Deceased's estate. To Affiant's best knowledge, information, and belief, the estate requires no administration. Affiant does not intend to seek any administration and knows of no administration proceedings contemplated by others. AFFIDAVIT OF HEIRSHIP - PAGE 2 SWORN TO AND SUBSCRIBED BEFORE ME on February (., 1997, by Ulysses Robinson. 2A^ Pe t= SHARON L. BRIAN MY COMMISSION EXPIRES ..4?= October 10, 2000 STATE OF TEXAS STATE OF TEXAS § COUNTY OF Williamson § This instrument was acknowledged before me on this the r 674 /Y day of February, 1997, by Ulysses Robinson. § COUNTY OF WILLIAMSON § AFFIDAVIT OF HEIRSHIP — PAGE 3 VERIFICATION 5 Ulysses 0,y Robinson /Notary c, Stat as Notary Public, State of Texas My name is Jo Ann Robinson. I have read the above Affidavit of Heirship and every statement contained in said affidavit is within my personal knowledge and is true and correct. �_ / y GY r(T Ann ns SWORN TO AND SUBSCRIBED BEFORE ME on February ai0, 1997, by Joanne Robinson. 'Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF Williamson § " This instrument was acknowledged before me on this the .PD day of February, 1997, by Jo Ann Robinson. PREPARED IN THE OFFICE OF: Brown McCarroll Sheets & Crossfield, L.L.P. Attorneys at Law 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Return to: Title Agency of Austin 3305 Northland Drive Suite 100 Austin, Texas 78731 GF# 74 1 / g54°- `I AFFIDAVIT OF HEIRSHIP - PAGE 4 A.. State of otary Public, THE STATE eS NUM cowry M tiniaMSM nes b m ccNh Mr Cu documcni tra °„ UX d VI naCen oe ie Court 7 as tl a0 end Eme �Pi,L4�50n • rremmed tl wcon COUNT( ► SO CCOUNik TOM Doc# 9708697 # Pages: 4 Date : 02 -28 -1997 Time : 03:34:17 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 15.00 Texas Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Coundl Members Robert Stluka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L. Bennett J, City Attorney Stephan L. Sheets CITY OF ROUND ROCK November 15, 1996 Mrs. Jo Ann Robinson 6802 Hanover Lane Austin, Texas 78723 Dear Mrs. Robinson: 221 East Main Stteet Round Rock, Texas 78664 512 - 218 -5400 Enclosed is your original real estate contract for Lot 12, Block 21, Original Plat of the City of Round Rock, Williamson County, Texas. If you have any questions, please do not hesitate to call. Sincerely, !VU/1-0 Joanne Land Assistant City Manager/ City Secretary enclosures Fax: 512-218-7097 , 1-800-735-2989 MD ,. 1. 800435 -2988 Voice RESOLUTION NO. R- 96- 11- 07 -10A WHEREAS, the citizens of the City have voted to approve the sale of bonds to improve and expand the City Library, and WHEREAS, Lot 12, Block 21 of the Original Plat of the City of Round Rock ( "Property ") is in the immediate vicinity of the City Library, and said Property is necessary and desirable for said expansion, and WHEREAS, the City has expressed an interest to the present owner of the Property to purchase same for said expansion, and WHEREAS, the present owner is interested in selling said Property to the City, 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 purchase of the Property for the Library expansion. RESOLVED this 7th day of November, 1996. ATTEST: %,\ WPDOCS \RSSOLVPI \RS61107fl.NPD /s10 LAND, City Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between Jo Ann Robinson, a single woman, of 6802 Hanover Lane, Austin, Travis County, Texas (referred to in this Contract as "Seller ") and the City of Round Rock, a Texas home rule city, of 221 E. Main St., Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. ARTICLE I 1.01. Purchase and Sale. By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract of land situated in Williamson County, Texas, being more particularly described as follows: Lot 12, Block 21, Original Plat of the City of Round Rock, Williamson County, Texas; together with all and singular the rights and appurtenances pertaining to the Property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. C: \NPLOG\ACISY\9EBCNOS \LIBPAPY \PEN RO13.11PB /e1s ARTICLE II 2.01. Purchase Price. The purchase price for the Property shall be the sum of Twenty Seven Thousand and No /100 Dollars ($27,000.00). ARTICLE III 3.01. Conditions to Purchaser's Obligations. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the Closing(as hereinafter defined)). 3.02. Preliminary Title Commitment. Within thirty (30) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have 1 caused the title company to issue a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. 3.03. Survey. Within thirty (30) days from the date hereof, Seller, at Purchaser's sole cost and expense, shall cause to be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, streets, roads, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and that the Property is not subject to the 100 year flood plain. Purchaser will have ten (10) days after receipt of the survey to review and approve same. In the event any portion of the survey is unacceptable to Purchaser, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall promptly undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Contract, and this Contract shall thereupon be null and void for all purposes and Escrow Deposit shall be returned by the title company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3.04. New Surveys and Tests. Within thirty (30) days after the date hereof Purchaser is granted the right to conduct an engineering survey and feasibility study of the Property, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, environmental survey, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser in Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to forty -five (45) days from the date 2 hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser. If the written notice is not received within this 45 day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 3.05. General Conditions. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV 4.01. Representations and Warranties of Seller. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; and (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. ARTICLE V CLOSING 5.01. Date. The closing shall be held at the office of Sheets & Crossfield, P.C., 309 E. Main St., Round Rock, Texas, on or before January 10, 1997, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "Closing "). 5.02. Seller's Obligations. At the Closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; 3 (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii)Any exceptions approved by Purchaser in writing. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Agency of Austin, 1717 N. IH 35, Round Rock, Texas, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Article V hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (i) The boundary and survey exceptions shall be deleted; (ii) The exception as to restrictive covenants shall be endorsed "None of Record'; and (iii)The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (3) Deliver to Purchaser possession of the Property. 5.03. Purchaser's Obligations. At the Closing, Purchaser shall pay the purchase price to Seller. 5.04. Prorations. General real estate taxes for the then current year relating to the Property shall be prorated as of the Closing and shall be adjusted in cash at the Closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the Closing shall be paid by Seller. 5.05 Closing Costs. All costs and expenses of Closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Purchaser; Survey paid by Purchaser; Filing fees paid by Purchaser; and Attorney's fees paid by each respectively. 4 ARTICLE VI 6.01. Real Estate Commissions. It is understood and agreed that their are no brokers involved in the negotiation and consummation of this Contract. ARTICLE VII 7.01. Escrow Deposit. For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Agency of Austin, the sum of Five Hundred Dollars ($500), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided in Article IX hereof. At the Closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII 8.01. Breach by Seller. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser; or (3) bring suit for damages against Seller. ARTICLE IX 9.01. Breach by Purchaser. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 5 ARTICLE X MISCELLANEOUS 10.01. Assignment of Contract. This Contract may not be assigned without the express written consent of Seller. 10.02. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the Closing of the transactions contemplated hereby shall survive the Closing and shall not be merged therein. 10.03. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. 10.04. Texas Law to Apply. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 10.05. Parties Bound. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 10.06. Legal Construction. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 10.07. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 10.08. Time of Essence. Time is of the essence in this Contract. 10.09. Gender. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 6 10.10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. 10.11. Compliance. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Dated this day of Oc 1996 Date: October , 1996. SELLER J''Ann Robinson 6802 Hanover Lane Austin, Texas 78723 PURCHASER City by: ock, Texas Charles Culpepper, Mayor 221 E. Main St. Round Rock, Texas 78664 RECEIPT Receipt of a copy of the foregoing Contract and $500.00 Earnest Money in the form of a check is acknowledged. Title Agency of Austin Escrow Agent BY: 7 DATE: November 5, 1996 SUBJECT: City Council Meeting - November 7, 1996 ITEM: 10.A. Consider a resolution authorizing the Mayor to execute a real estate contract for the purchase of Lot 12, Block 21, Original Plat of the City of Round Rock, Williamson County, Texas. (Jo Ann Robinson) STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: The attached real estate purchase contract has been agreed to by Jo Ann Robinson for the purchase of her lot for the expansion of the Library.