R-96-11-07-10B - 11/7/1996WHEREAS, the citizens of the City have voted to approve the
sale of bonds to improve and expand the City Library, and
WHEREAS, Lots 13 and 14, 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:
E LAND, City Secretary
% \ RPDOCS \RBSOLVPI \RS611O7B.P'PD /81B
RESOLUTION NO. R- 96- 11- 07 -10B
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
Garfield McConico and Petronella McConico, husband and wife, of 2005
Brown Street, Round Rock, Williamson County, Texas (referred to
collectively 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 13, 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.
L.\ wPDLLS\ALITY\96BamS \LIBRARY\RLg MLC3.wPD /ela
ARTICLE II
2.01. Purchase Price. The purchase price for the Property shall be
the sum of One- hundred Forty Seven Thousand and no /100 Dollars
($147,000.00).
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)).
1
3.02. Preliminary Title Commitment. Within thirty (30) days after the
date hereof, Seller, at Purchaser's sole cost and expense, shall have
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
2
intended purposes, then and in this event, Purchaser may, on written
notice to Seller received prior to forty -five (45) days from the date
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:
3
(i) General real estate taxes for the year of closing and
subsequent years not yet due and payable;
(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 3 0 day of October, 1996
SELLER
LL ` 2
- cct4.; .A.n / ^
Garfield McConico
Date: October , 1996.
Petronella McConico
2005 Brown Street
Round Rock, Texas 78664
PURCHASER
City
by:
7.und Rock, Texas
Charles ftepper, 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
State of Texas
County of Williamson
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between
Garfield McConico and Petronella McConico, husband and wife, of 2005
Brown Street, Round Rock, Williamson County, Texas (referred to
collectively 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 14, 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:\ iWPDSCS \ACITY \96BQIDS \LIBPaRY\REK NCC1.HPD /e1e
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)).
1
3.02. Preliminary Title Commitment. Within thirty (30) days after the
date hereof, Seller, at Purchaser's sole cost and expense, shall have
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
2
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
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:
3
(i) General real estate taxes for the year of closing and
subsequent years not yet due and payable;
(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 October, 1996
Date: October , 1996.
SELLER
t.
Garfield McConico
12LL U /
Petronella McConico
2005 Brown Street
Round Rock, Texas 78664
PURCHASER
Cit y R / un� d '
7 Rock Texas
by : J �if i sr'
Charles u pepper, 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
•r
DATE: November 5, 1996
SUBJECT: City Council Meeting - November 7, 1996
ITEM: 10.B. Consider a resolution authorizing the Mayor to execute a
contract for the purchase of Lot 13 and Lot 14, Block 21, Original
Plat of the City of Round Rock, Williamson County, Texas.
(McConico)
STAFF RESOURCE PERSON: Bob Bennett
STAFF RECOMMENDATION:
The attached real estate purchase contract has been agreed to by Garfield McConico
for the purchase of his property for the Library expansion.
April 14, 1997
Law Office of Stephan L. Sheets
309 E. Main Street
Round Rock, TX 78664
Owners Title Policy
Warranty Deed
Title Agency of Austin
Marci Littleton
Post Closing Escrow Officer
12.7
Ai
Alamo Title Company
RE: GF# 96114857
Garfield & Petronella McConico /City of Round Rock
Lot 13, Block 21, Original Plat of the 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.
04- 19 -199/ HCVD
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
OWNER POLICY OF TITLE INSURANCE
Issued by
glAta
Alamo Title Insurance
of Texas
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;
4. Lack of a right of access to and from the land;
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.
Secretary // / President
ALAMO TITLE INSURANCE OF TEXAS
465321
•
FORM T -1: Owner Policy of Title Insurance
A10191(1193)
Effective January 1, 1993
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company 015 not pay loss or damage, costs, attorneys' lees or expenses that arise by reason o1:
1. (a) Any law, ordnance or governmental regulation (including but not limited to budding and zoning taws, ordinances, or regulations) restricting, regulating, prohibiting or relating
to (q the occupancy use, or enjoyment of the land, (0) the character dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation In
ownership or a 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 violetron of
thew laws, ordinances or govemmental 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 vialadotl affecting me Ian0 has been recorded in the public records at Date of Polley
(b) Any govemmental police power not excluded by (a) above. except to the extent that a notice of the exerese thereat or a notice of a defect, hen or encumbrance resulting
from a violation or alleged violation affecting the land nas 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 pubic records at Date of Policy, but not excluding from coverage any taking that has
occurred poor to Date of Policy 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.
(h) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed m writing to the Company by the Insured
claimant pnor to the date me insured claimant became an insured under this policy,
(0) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Dale of Policy,
(a) resulting In loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest Insured by tus Policy.
4. The refusal 01 any person to purchase. lease or lend money on the estate or Interest covered hereby in the land descnbed in Schedule A because of unmarketabdity of the title
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' nghts laws that Is based on either (Q the transaction creating the estate or interest Insured by this Policy
being deemed a fraudulent conveyance or fraudulent transfer or a variable distribution or voidable dividend or (10 the subordination or recharactereaton of the estate or interest
insured by this Policy as a result of the application of the doctrine of equitable subordination or (in) the transadlon 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 timely We for record the Instrument of transfer
to the insured after detwery or the failure of such recordation to impart notice to a purchaser for value or a judgment or hen 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, distnbulees, devisees, survivors, personal
representatives, next of kin, or corporate, partnership or (dowry successors, and specifically, without limitation, the following:
(r) the successors in interest to a corporation resulting from merger or consolidation or the distnbubon of the assets of the corporation upon paNal or complete
liquidation;
(I) the partnersmp successors in interest to a general or limited partnership which dissolves but does not terminate;
(0) the successors in interest to a general or tinuted partnership resulting from the distribution of the assets of the general or limited partnership upon pamal or complete
liquidation,
(iv) the successors In interest to a loin) venture resulting from the distnbution of the assets of the joint venture upon pamal or complete liquidation,
(v) the successor or substitute trustee(s) of a trustee named m a written tnist Instrument. or
(vI) the successors In interest to a trustee or trust resulting from the distnbubon of all or part of the assets of the bust to the beneficianes 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 es defined in this policy
or any other records which impart constructwe notice of matters affecting the land
by 'land the land described or referred to in Schedule A, and improvements affixed thereto that by law constitute real property. The term 'land' 0oes not include any property
beyond the lines of the area described or referred to in Schedule A, nor any nght tide, 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 right of access to and from the land is insured by Ibis policy.
(e) 'mortgage' mortgage, deed of trust, trust deed, or other security instrument.
(I) 'public records'. records established under state statutes as Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers
for value and without knowledge. With respect to Section 1(a)(N) of the Exclusions From Coverage, "public records' also shall include environmental protection liens filed In
the records of the clerk of the United States dctnct court for the district m which the land is located
(g) 'access'. legal nght 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 shall continue m force as of Date of Polity 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 erten by a purchaser from the insured, or only so long as the Insured shall have kabiliry by reason of covenants of
warranty made by the Insured in any transfer or conveyance of the estate or interest This policy shall not continue in force in favor of any purchaser from the Insured of either (r)
an estate or Interest in the land, or Oland 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 wnting (i) In case any litigation as set forth In Section 4(a) below, or (ii) In case knowledge shall come to an Insured hereunder
01 any daim of 0tle 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 habdity of the Company shall terminate win 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 nghts of any insured under Ib0 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 m title to the estate or interest in
the land insured by ties 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 valid and not barred by law or statute The Company shall notify the insured in wnting, within a reasonable time, of its determination as
to the valxfity or invalidity of the insureds claim or charge under the policy If the Company concludes that the lien, encumbrance, adverse claim or defect R not covered by this
Poky, 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: (I)
Institute the necessary proceedings to clear the hen. encumbrance, adverse claim or defect from the title to the estate as insured, (u) indemnily the insured as provided in this
policy, (01) upon payment of appmpnate premium and charges therefor, Issue to the Insured claimant or to a subsequent owner, manages or holder of the estate or Interest in
the land insured by this policy, a policy of tide insurance without exception for the lien, encumbrance, adverse claim or detect, said policy to be in an amount equal to the current
value of the property or, d a mortgagee policy, the amount of the loan, (N) mdemrily another title Insurance company in connection with its issuance of a palicy(ies) of title
insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or
detect; or (w) undertake a combination of (i) through (v) herein
e
1. Name of Insured:
The City of Round Rock
Title Agency of Austin
thorized Signatory
FORM -
>.} Owner Policy of Title Insurance - Schedule A
;•
OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
File No: 96114857
Amount of Insurance: $147,000.00
Date of Policy: February 20, 1997 at 1:02 pm
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:
Policy No: 0 - 465321
Lot Thirteen (13), Block "21 ", City of Round Rock, Williamson County, Texas,
according to the map of the City of Round Rock which is of record in Cabinet
A, Slide 190, Plat Records of Williamson County, Texas.
ALAMO TITLE INSURANCE OF TEXAS
Effective January 1, 1993
OWNER POLICY OF TITLE INSURANCE
SCHEDULE B
FILE NO: 96114857 POLICY NO: 0- 465321
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. Any and all leases, recorded or unrecorded, with rights of tenants in
possession.
C. Visible and apparent easements on or across the property.
D. 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
11 •
CONDITIONS AND STIPULATIONS • Continued
4 DEFENSE AND PROSECUTION OF ACTIONS. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon wntten 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 11AM party asserts a claim adverse to the tide or interest as insured, but only as to
those stated causes of action alleging a defect, Ilen or encumbrance or other matter insured against by this policy The Company shall have the nght to select counsel of Its
choice (sublecl 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 w.0 not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege
matters not insured against by this policy
(b) The Company shall have the nght. 0' 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 tide to ire estate or Interest, as Insured, or to prevent or reduce Toss or damage to the insured The Company may lake any appropnate action
under the terms of this policy, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. II the Company shag
exercise Its nghts under this paragraph, It Shall do so diligently.
(c) 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 determine ion 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 nght 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 me Company, me Insured, at the Company's expense, shall give the Company all reasonable aid (1) In any ac00n or
proceeding. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (11) in any other lawful act that In the
opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company Is prejudiced by the failure of the Insured to
furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, 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 swom
to by the insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the facts giving rise to the loss or damage The proof of
loss or damage shall describe the defect in, or lien or encumbrance on the title, 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 Is 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 (lability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requinng such proof of loss or damage
r ty In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for
examination, mspechon and copying, at such reasonable times and places as may be designated by any authorized representatve of the Company, all records, books, ledgers,/
checks, cgrespondence and memoranda, whether beanng a dale before or after Date of Policy, which reasonably pertain to the loss or damage. Further, it requested by any
- --- "authorized representative of the Company. the insured claimant shall grant its permission. in cording, for any authonzed representative of the Company to examine, inspect and
copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage All
information designated as conhdenhal 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 01 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 tender payment of the amount of Insurance under this policy, together with any costs, attorneys' fees and expenses incurred by the Insured claimant, which were
authonzed 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 cancellation
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(1) to pay or otnervnse settle with other parties for or in the name of an insured claimant any claim Insured against under 1hm policy, together with any costs, attomeys'
fees and expenses incurred by the insured claimant, which were authonzed 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 fees and expenses Incurred
by the insured claimant which were authonzed 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 (b)(i) or (i), 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 liability or obligation 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 described
(a) The liability of the Company under This policy shall not exceed the least of
O the Amount of Insurance stated in Schedule A;
(u) 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 policy at the date the Insured claimant is required to furnish to Company a proof of loss or damage In accordance wnh Section 5 of these
Conditions and Stipulations
(b) In the event the Amount of Insurance stated in Schedule A at the Dale of Policy is less than 80 percent of the value of the insured estate or Interest or the full consideration
paid Mr the land, whichever is less, or if subsequent to the Date of Policy an Improvement is erected on the land which 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
(I) where no subsequent improvement has been made, as Many partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance
al Dale of Pobcy bears to the total value of the insured estate or interest at Date of Policy, or
(11) 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, attomeys fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any
loss which exreeds, 'n the aggregate, 10 percent of the Amount of Insurance stated In Schedule A.
(c) The Company will pay only these costs, attorneys fees and expenses moored In accordance with Section 4 of these Conditions and Sbpulabons
8. APPORTIONMENT
If the land descnbed te Schedule A consists or 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 dreded 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 01 value has othesese been agreed upon as to each parcel by the
Company and the Insured at 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 remoxes the alleged defect, lien or encumbrance, or cures the lack of a nght of access to or from the land, all as insured, or takes
action in accordance with 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 with respect to that ^alter and shall not be liable for any loss or damage caused thereby
(b) In the event of any litigation, including litigation by the Company or with Lhe Company's consent. the Company shall have no liability for loss or damage until there has been
a final determination by a court of competent junsdidion and disposition of all appeals therefrom, adverse to the title as Insured
(c) The Company shall not be liable for loss or damage to any insured for liability voluntanly assumed by the Insured in settling any claim result without the pnor wntten consent
of the Company .
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the Insurance pro lento. -
(Conhnued on Reverse Side of Page)
CONDOTIONS AND STIPULATIONS. Continued
11. LIABILITY NONCUMULATIVE.
It 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 to 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 Iles on
the estate or interest descnbed or referred to M Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, In which case proof of loss or
destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed m accordance with these C0Mibons and Stipulations, the loss or damage shall be payable within 30
days thereafter
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest In the Company unaffected by any act of the Insured claimant.
The Company shall be subrogated to and be entitled to all nghts and remedies that the Insured daimant would have had against any person or property In respect to the
claim had this policy not been issued. If requested by the Company, the insured claimant shall Transfer to the Company all nghts and remedies against any person or properly
necessary in order to perfect this nght of subrogation. The insured claimant shall permit the Company to sue, cemprondse or settle in the name of the insured claimant and to
use the name of the insured claimant in any transaction or litigation involving these tights or remedies.
11 a payment on account of a claim does not fully cover the loss of the Insured claimant, the Company shall be subrogated to these nght0 and remedies In the proportion
that the Company's payment bears to the whole amount of the loss.
It loss should result from any ad 01 the Insured claimant, as stated above, that ad shall not void this policy, but me Company, in that event, shall be required to pay only
that part of any losses Insured against by this policy that shall exceed the amount, if any, lost to the Company by reason of the impairment by the Insured claimant of the
Company's nght of subrogabon
(b) The Company's Rights Against Non-Insured Obligors.
The Company's right of subrogation against nominsured obligors shall exist and shall,Include, mthout limitation, the rights of the insured to indemnities, guaranties, other
policies of insurance or bonds, notwithstanding any terms or condtlons contained in those instruments that provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision m Schedule B of this policy, either the company or the insured may demand
attrition pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association Arbitrable matters may Include, but are not limned to, any controversy or claim
between the Company and the Insured ansing out of or relating to this policy, any service of the Company in connection with Its Issuance or the breach of a policy provision or other
obl All arbitrable matters when the Amount of Insurance Is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the Insured
is an Individual person (es distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of
$1,000,000 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 panes. The award may include attorneys' lees only 11 the laws
of the state in which the land is located permit a court to award attorneys' fees to a prevailing parry. Judgment upon the award rendered by the Arbitrators) may be entered in any
court having )unsdalion 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. LIABILTY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) Th0 policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any
pro0Son of this policy, this policy shall be construed as a whole
90) Any claim of loss or damage, whether or not based on negligence, and which arise out of the status of Me title to the estate or interest covered hereby or by any action
asserting such dam, shall be restricted to this policy.
(c) No amendment of or endorsement to Ms polity can be made except by a wilting endorsed hereon or attached hereto signed by either the President, a Vice President, the
Secretary, and Assistant Secretary, or validating officer or authonzed 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 pronsions shall
remain In lull force and effect
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement In wnting required to be furnished the Company shall Include the number of this policy end shall be addressed to
the Company at 10010 San Pedro, Suite 800, San Antonio, Texas 78218-3895
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that Issued the policy. H the problem le
not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, Tx 79714.5091, Fax No. (512)475-1771. This notice of complaint procedure Is
for Information only and does not become a pen or condition of thls policy.
L
Date: February 13, 1997
Grantor: Garfield and Petronella McConico
Grantor's Mailing Address (including county):
2005 Brown St.
Round Rock, Texas 78664
Williamson County
Grantee: The City of Round Rock
Grantee's Mailing Address (including County):
221 E. Main St.
Round Rock, Texas 78664
Williamson County
CASH WARRANTY DEED
Property (including any improvements):
DOC# 9707293
Consideration: TEN AND NO /100 DOLLARS and other good and valuable
consideration.
Lot 13, Block 21, Original Plat of the City of Round Rock,
Williamson County, Texas, according to the map of the City of Round Rock
which is of record in Cabinet A, Slide 190, Plat Records of Williamson County, TX
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.
OFFICIAL RECORDS
CASH WARRANTY DEED - PAGE 1 WILLIAMSON COUNTY, MAO
C:\WPDOC6 \ACIIY\968oND8 \LIBRARY \U8®I.WPO /8L
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SHARON L. BRIAN
MY COMMISSION EXPIRES
October 10, 2000
STATE OF TEXAS
§
COUNTY OF WILLIAMSON §
SHARON L. BRAN
MY COMMISSION EXPIRES
October 10, 2000
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
CASH WARRANTY DEED - PAGE 2
Garfield McConico
Petronella McConico
ACKNOWLEDGMENT
This instrument was acknowledged before me on /E!>'/li /A ■&,
1997, by Garfield McConico.
This instrument was acknowledged before
1997, by Petronella McConico.
Notary Public, State of Texas
ACKNOWLEDGMENT
Brown McCarroll Sheets & Crossfield, L.L.C.
309 E. Main Street
Round Rock, Texas 78664
Notary State of Texas
me on Uf/x ,
Doc# 9707293
# Pages: 2
Date : 02 -20 -1997
Time : 01:02:52 P.M.
Filed & Recorded in
Official Records
of WILLIAPISON County, TX.
ELAINE HIZZELL
COUNTY CLERK
Rec. $ 11.00
Return to:
Title Agency of Austin
3305 Northland Drive
Suite 100
Austin, Texas 78731
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1112 STATE Oi TEXAS
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Mayor
Charles Culpepper
Mayor Pro-tem
Earl Palmer
Council Members
Robert Stluka
Rod Morgan
Rick Stewart
Martha Chavez
Jimmy Joseph
City Manager
Robert L Bennett Jr.
City Attorney •
Stephan L. Sheets
CITY OF ROUND ROCK
November 15, 1996
Mr. Garfield McConico
200 S. Brown Street
Round Rock, Texas 78664
Dear
Enclosed are your original real estate contracts for Lot 13, Block 21, Original
Plat of the City of Round Rock, Williamson County, Texas and Lot 14,
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,
enclosures
c
Joanne Land
Assistant City Manager/
City Secretary
Fax: 512 -218 -7097 1.800. 735-2989 TDD
1-800-735-2988 Voice
221 East Main Street
Round Rock, Texas 78664
512 - 218 -5400
STEPHAN L. SHEETS
CHARLES D. CROSSFIELD
CARY L. BOVEY
FELIX O'NEILL RIPPY
STUART N. WHITLOW
Garfield a Petronella McConico
2005 Br St.
Roun ock, Texas 78664
Dear Mr. and Mrs. McConico:
SLS /sls
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SHEETS Lc CROSSFIELD, P.C.
ATTORNEYS AT LAW
309 E. MAIN STREET
ROUND ROCK. TEXAS 78664-5246
TELEPHONE 15121 255 -8877
December 10, 1996
RECEIVED,DEC 1 31996
FAX
15121 255-8986
E - MAIL
SAt.,C RRTX ®AOLCOM
RE: Real Estate Contract for Lot 13, Block 21, Original Plat of
the City of Round Rock
This letter is being sent to you pursuant to paragraph 3.02 of the
above referenced contract. As we discussed in Bob Bennett's office last
week, there is an item on the title commitment regarding the status of
title to the property that the City finds unacceptable. The specific
problem is with paragraph 7. of Schedule C. which reads as follows:
7. Pursuant to Deeds recorded in Volume 597, Page 117; Volume
598, Page 651; and Volume 648, Page 115, Deed Records of
Williamson County, Texas, wherein the children of Willie
Mercer and husband, Garthaniel Mercer have deeded their
interest, we find no probate or affidavit of Heirship on
Garthaniel Mercer in Williamson County, Texas. Therefore, we
require either certified copies of his probate proceedings if
filed in another county or an Affidavit of Heirship sufficient
to this company.
As we discussed, I am confident that we will be able to clear up
this problem with an Affidavit of Heirship or perhaps some other
solution. I will be in contact with you to attempt to clear up this
matter.
If you have any questions regarding this matter, please feel free
to call.
Sincerely,
Stephan L. Sheets
Round Rock City Attorney
Garfield and Petronella McConico
Page 2
December 10, 1996
Robert L. Bennett, Jr.
City Manager
221 E. Main St.
Round Rock, Texas 78664
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STEPHAN L SHEETS
CHARLES D. CROSSFIELD
CARY L. BOVEY
FELIX O'NEILL RIPPY
STUART N. WHITLOW
Garfiel nd Petronella McConico
2005 gown St.
Ro d Rock, Texas 78664
Dear Mr. and Mrs. McConico:
C \ NPDDCS \ACITY \96BONDS \LIBPAAY\L_NCCCN1 NPD /ala
SHEET'S & C$OSSSIELO, P.C.
ATTORNEYS AT LAW
309 E. MAIN STREET
ROUND ROCK, TEXAS 78664 - 5246
TELEPHONE 15121 255 -8877
December 10, 1996
RECEIVED DEC 1 31996
FAX
15121 255 -8986
E-MAL
SANDC RRTX %AOLCOM
RE: Real Estate Contract for Lot 14, Block 21, Original Plat of
the City of Round Rock
This letter is being sent to you pursuant to paragraph 3.02 of the
above referenced contract. As we discussed in Bob Bennett's office last
week, there is an item on the title commitment regarding the status of
title to the property that the City finds unacceptable. The specific
problem is with paragraph 5. of Schedule C. which reads as follows:
5. We find a Warranty Deed recorded in volume 101, Page 333, Deed
Records of Williamson County, Texas was conveyed to Josephine
Mays. Subsequently, we have an affidavit regarding Steve and
Susie Mays recorded in Volume 794, Page 892, Deed Records of
Williamson County, Texas, which two of their heirs have deeded
to current owners by deed recorded in Volume 828, Page 191,
deed Records of Williamson County, Texas. We require
sufficient information regarding the heirs of said Josephine
Mays, or in the alternative, Eminent Domain Proceedings be
filed to acquire title. We reserve the right to make
additional requirements and /or exceptions based on review of
proceedings.
As we discussed, I am confident that we will be able to clear up
this problem with an Affidavit of Heirship or perhaps some other
solution. I will be in contact with you to attempt to clear up this
matter.
If you have any questions regarding this matter, please feel free
to call.
Garfield and Petronella McConico
Page 2
December 10, 1996
SLS /sls
cc: Robert L. Bennett, Jr.
/ City Manager
✓ 221 E. Main St.
Round Rock, Texas 78664
C . \WPBOCS\ACITY \968CMDS \LIBMRY \L MCCOMI NPp /s1s
Sincerely,
Stephan L. Sheets
Round Rock City Attorney
Mayor
Charles Culpepper
Mayor Protem
Earl Palmer
Council Members
Robert Stluka
Rod Morgan
Rkk Stewart
Martha Chavez
Jlmmy Joseph
City Manager
Robert I.. Bennett, Jr.
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
October 16, 1996
Mr. Garfield McConico
200 S. Brown Street
Round Rock, Texas 78664
Dear Mr. McConico:
Enclosed are two original real estate contracts for Lot 13, Block 21, Original
Plat of the City of Round Rock, Williamson County, Texas and Lot 14,
Block 21, Original Plat of the City of Round Rock, Williamson County,
Texas. Please sign all four contracts and return them to me in the enclosed
stamped envelope. After we receive all the required signatures an original
contract for each lot will be returned to you. If you have any questions,
please 3 not hesitate to call. Thank you.
Rob L. Be yet, Jr., AICP
City Manage
enclosures
Fax: 512-218-7097
1-800-735-2989 TDD 1-800-735-2988 Voice
221 East Mein Sheet
Round Rock, Texas 78664
512-218-5400
Mayor
Charles Culpepper
Mayor Pro -tem
Earl Palmer
Council Members
Robert Stluka
Rod Morgan
Rick Stewart
Martha chavrt
Jbnnry Joseph
City Manager
Robert L Bennett, Jr.
Clty Attorney
Stephan L Sheets
CITY OF ROUND ROCK
September 27, 1996
Mr. Garfield McConico
200 S. Brown Street
Round Rock, Texas 78664
Dear Mr. M co:
The City of Round Rock would like to purchase Lot 13 and Lot 14 at 205
East Liberty Avenue in Round Rock, Texas. The City is offering an
appraised value of $150,000 for Lot 13 and $27,000 for Lot 14.
Please let me know how you want us to proceed and please call me at 218-
7020 if you have any questions.
Sincer
Robert L. Be ett, Jr., AICP
City Manager
Fax: 512 - 218.7097 1. 800 - 735 -2989 TDD
221 Fast Main Street
Round Rock, Texas 78664
512- 218 -5400
1. 800.735.2988 Voice