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R-96-12-12-10B - 12/12/1996acquired title in trust for itself and the City of Round Rock, through judicial foreclosure of the tax liens pursuant to terms of the Texas Tax Code; and WHEREAS, the Texas Tax Code authorizes the Round Rock Independent School District to resell such properties; and WHEREAS, the Round Rock Independent School District has duly published notice for bids in a newspaper of general circulation in Williamson County to sell the properties; and WHEREAS, the City Council wished to authorize the Mayor to executed the resale deeds; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed on behalf of the City of Round Rock to execute the attached tax resale deeds conveying certain real property acquired by the Round Rock Independent School District as a result of previous tax sales. RESOLVED this 12th day of December, 1996. ATTEST: WHEREAS, the Round Rock Independent School District has E LAND, City Secretary R:\ NPDOCS \RRSOLDTI \RS5111]S.RPD /RCg RESOLUTION NO. R- 96- 12- 12 -10B CHARLES CULPEPPER, Mayor City of Round Rock, Texas Brian E. Brown Honorable Charlie Culpepper Mayor City of Round Rock 221 E. Main St. Round Rock, Tx 78664 LAW OFFICES CALAME LINEBARGER GRAHAM & PERA, L.L.P. 1949 SOUTH LH.35 P.O. BOX 17428 AUSTIN, TEXAS 78760 Telephone: (512) 447 -6675 Facsimile: (512) 443 -3494 November 25, 1996 ‘ r 2 r 1996 RE: Approval of Resale of Properties Sold from Sealed Bid Auction by Round Rock Independent School District, Trustee Dear Mayor Culpepper: The Round Rock Independent School District recently conducted a sealed bid auction of the properties it had acquired as a result of previous tax sales. The sale should be considered a relative success. Multiple bids were received on all of the eleven listed properties. One bid for more than the total amount due was received on one of the properties. Nine of the highest submitted bids were approved by the District through the Board of Trustees. Amounts submitted in two of the high bids were deemed insufficient by the tax collector, and thus it was decided by the Board to reject those bids. This leaves eight (8) properties that involved taxes due to the City of Round Rock whose bids were for less than the full amount due, but considering the properties and the amounts of the bids, the properties were awarded to the highest bidders. Enclosed are duplicate originals of the proposed deeds on those properties for you to execute if the city is willing to agree to the sales. The restrictive covenant language in each (original) deed is required to be viewed and approved by the Texas Education Agency before the deeds can be recorded. Duplicate originals are needed so we can retain a backup in case the TEA fails to return the submitted originals with its approval. Once you have executed both original deeds for each property and had your signatures notarized, please return them to me for delivery to the purchaser. The attached report identifies the status of all eleven properties originally listed. Thank you for your cooperation and assistance in this matter. Please let me know if you have any questions or comments concerning this matter. Enclosures: -List of high bids -Tax Resale Deeds cc: Forrest C. Child, Jr., Tax Assessor - Collector Round Rock Consolidated Tax Office P. O. Box 1750 Round Rock, Texas 78680 Since rian E. Bro Attorney Item Description 1996 CAD Value Judgment Amount High Bid Bidder 1 .92 ac., Lot One -A, Resub of Lot 1, Corridor Park 1 $100,188 $38,467.23 $24,050.00 Umstattd Investments, 3355 Bee Caves Rd. Ste. 102B, Austin, Tx 78746 (327 -8833) - 2 . - Lot 41, King's Village $4,800 $4,780.84 $ 1,010.00 Peter McNutt, 517B S. Lamar Blvd., Austin, Tx 78704 (327 -8833) 3 A' Lot 708, Forest North Estates $17,000 $5,245.78 $ 5,512.00 Robin L. Jones, PO Box 306, Kerrville, Tx 78029- 03061(210) 257 -40041 4 Pt. Lot 1, Blk. 16, Town of Round Rock $20,000 $7,251.00 $ 4,005.00 Peter McNutt, 517B S. Lamar Blvd., Austin, Tx 78704 (327 -8833) 5 1.00 acre, JM Harrell League, Abs. 284 $7,671 $8,159.55 $ 5,000.00 M. Glenn Neans, 2700 CR 172, Round Rock, Tx 78681 (310 -9400) 6 Lot 10, Mercer Monroe $3,000 $3,000.00 $ 1,505.00 Peter McNutt, 517B S. Lamar Blvd., Austin, Tx 78704 (327 -8833) 7 X Lot 4, Blk. A, Lakecreek Subd. $6,000 $4,641.12 $ 1,010.00 Peter McNutt, 517B S. Lamar Blvd., Austin, Tx 78704 (327 -8833) 8 .53 ac. out of Lots 13 & 14, Blk. 2, Merrill Addn. $51000 $7,208.65 $ 2,222.00 Peter McNutt, 517B S. Lamar Blvd., Austin, Tx 78704 (327 -8833) 9 Lot 9, Munro Mercer $5,000 $4,845.00 $ 3,820.00 Peter McNutt, 517B S. Lamar Blvd., Austin, Tx 78704 (327 -8833) 10 50' x 168' out of the Wiley Harris Sur., aka Lot D, B & M Addn. $11,054 $8,118.00 $ 3,285.00 Jack and Linda Frost, Trustees for the Frost Living Trust, 1707 Scenic Loop, Round Rock, Tx 78681 (255 -6049) 11 50' x 120' , Pt. of W. Harris Sur., aka Lot H, B & M Subd. $5,000 $8,803.00 $ 3,108.00 Peter McNutt, 517B S. Lamar Blvd., Austin, Tx 78704 (327 -8833) 4)\ CAD Value: It is possible that the values on some of these properties may be overstated because the property is abandoned and no one has protested the value. Judgment Amount: This is the amount due in taxes to the School District, County, and City and the amount due in Court Costs and tax sale costs. * ROUND ROCK INDEPENDENT SCHOOL DISTRICT SEALED BID AUCTION -- OCTOBER 10,1996 LIST OF HIGH BIDDERS s r 3-9\. PROPERTY #1 ORIGINAL #1 TAX RESALE DEED STATE OF TEXAS X . X KNOW ALL MEN BY THFSE PRESENTS COUNTY OF TRAVIS X That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND TRAVIS COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $24,050.00 cash in hand paid by JEANNE S. UMSTATTD 3355 BEE CAVE RD., STE. 102B AUSTIN, TEXAS 78746 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 457,093, in the district court of said county, said property being located in Travis County, Texas, and described as follows: .92 acres, more or less, being known as Lot One -A, a resubdivision of Lot 1, Corridor Park 1, according to the map or plat thereof, recorded in Volume 85, Page 180 -A, Plat Records of Travis County, Texas TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is ftirther covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas 330 F. Supp. 235 (E.D. Tex 1971); aff'd with modifications sub nom. U.S. v. State of Texas and J.W. Edgar. et al. 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above- described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. STATE OF TEXAS X COUNTY OF STIMONY � I REOF has caused these presents to be executed this 1 day of ,19 BY: Charlie Culpep.: r Mayor City of Round Rock, Texas Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. DER M YN l AND SEAL OF OFFICE THIS THE ,19 ¢. �. Notary Public, State of T x n Commission Expires: `1 I ! DAY OF IN TESTIMONY WHEREOF has caused these presents to be executed this day of ,19 . STATE OF TEXAS X COUNTY OF WILLIAMSON X BY: Steve Copenhaver, President Board of Trustees Round Rock Independent School District Before me, the undersigned authority, on this day personally appeared Steve Copenhaver, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , 19 . Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF has caused these presents to be executed this day of 19 STATE OF TEXAS X COUNTY OF X BY: Bill Aleshire County Judge Travis County, Texas Before me, the undersigned authority, on this day personally appeared Bill Aleshire, County Judge, Travis County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 19 . After recording return to: JEANNE S. UMSTATTD 3355 BEE CAVE RD., STE. 102B AUSTIN, TEXAS 78746 Notary Public, State of Texas Commission Expires: PROPERTY #4 ORIGINAL #1 TAX RESALE DEED STATE OF TEXAS X X . KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON X That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $4,005.00 cash in hand paid by PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 86- 051 -T, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: Being part of Lot 1, Block 16, of the Town of Round Rock, according to the plat recorded in Volume 25, Page 314, Deed Records, Williamson County, Texas TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, govemmental body, or other organization entity whatever (whether private or govemmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); aff d with modifications sub nom. U.S. v. State of Texas and J.W. Edgar. et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S., 404 U.S. 1206 (1971)• cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above- described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third patty beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court fmds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. TE ONY ' • ,19 REOF has caused these presents to be executed this � . STATE OF TEXAS COUNTY OF BY Charlie Culpe Mayor City of Round Rock, Texas X X Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. r l ER MY AND SEAL OF OFFICE THIS THE 1 DAY OF 19 1 I t/ IGUL�/L Notary Public, State of T4x n V Commission Expires: 0" -�/ day of IN TESTIMONY WHEREOF has caused these presents to be executed this day of ,19 STATE OF TEXAS X COUNTY OF WILLIAMSON X BY: Steve Copenhaver, President Board of Trustees Round Rock Independent School District Before me, the undersigned authority, on this day personally appeared Steve Copenhaver, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 19 . Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF has caused these presents to be executed this day of ,19 STATE OF TEXAS X COUNTY OF X BY: John Doerfler County Judge Williamson County, Texas Before me, the undersigned authority, on this day personally appeared John Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 19 . After recording retum to: PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 Notary Public, State of Texas Commission Expires: PROPERTY #5 ORIGINAL #1 TAX RESALE DEED STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS , COUNTY OF WILLIAMSON X That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $5,000.00 cash in hand paid by M. GLENN NEANS, TRUSTEE 2700 COUNTY ROAD 172 ROUND ROCK, TX 78681 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 92- 138 -T277, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: 1.00 acres, more or Less, out of the J. M. Harrell League, Abstract 284, being more particularly described in Volume 414, Page 256, Deed Records of Williamson County, Texas TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); aff'd with modifications sub nom, U.S. v. State of Texas and J.W. Edgar. et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above - described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attomey's fees from the violator or violators of either or both of such restrictions, if the Court fmds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. STATE OF TEXAS COUNTY OF MY ,19 ES ]M N REOF has caused these presents to be executed this / / — day of , 19 BY: Charlie Culpep Mayor City of Round Rock, Texas X X Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. J C AND SEAL OF OFFICE THIS THE 1 ! DAY OF iencutoter Notary Public, State of Tpt Commission Expires: 0 _ IN TESTIMONY WHEREOF has caused these presents to be executed this day of ,19 STATE OF TEXAS X COUNTY OF WILLIAMSON X BY: Steve Copenhaver, President Board of Trustees Round Rock Independent School District Before me, the undersigned authority, on this day personally appeared Steve Copenhaver, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER • MY HAND AND SEAL OF OFFICE THIS THE DAY OF ,19 Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF has caused these presents to be executed this day of 19 STATE OF TEXAS COUNTY OF After recording return to: M. GLENN NEANS, TRUSTEE 2700 COUNTY ROAD 172 ROUND ROCK, TX 78681 BY: John Doerfler County Judge Williamson County, Texas X X Before me, the undersigned authority, on this day personally appeared John Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 19 . Notary Public, State of Texas Commission Expires: PROPERTY #6 ORIGINAL #1 TAX RESALE DEED STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON X That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $1,505.00 cash in hand paid by PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 92- 441 -T368, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: Lot 10, Mercer Monroe, also known as the Matthew Mercer Tract, being that more particularly described in Volume 760, Page 64, of the Deed Records of Williamson County, Texas TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); aff'd with modifications sub nom, U.S. v. State of Texas and J.W. Edgar, et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, fum, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above- described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. IN TIMONY NXIIIEREOF has caused these presents to be executed this 9 4 day of Q , 19. STATE OF TEXAS COUNTY OF Bydi/ Charlie Culpep Mayor City of Round Rock, Texas X X Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. MY AND SEAL OF OFFICE THIS THE 10) DAY OF 19 CiithahAD Notary Public, State of Texay n �J Commission Expires: 6 ! ` IN TESTIMONY WHEREOF has caused these presents to be executed this day of 19 STATE OF TEXAS X COUNTY OF WILLIAMSON X BY: Steve Copenhaver, President Board of Trustees Round Rock Independent School District Before me, the undersigned authority, on this day personally appeared Steve Copenhaver, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 19 . Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF has caused these presents to be executed this day of 19 STATE OF TEXAS X COUNTY OF X Before me, the undersigned authority, on this day personally appeared John Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 19 After recording return to: PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 BY: John Doerfler County Judge Williamson County, Texas Notary Public, State of Texas Commission Expires: PROPERTY #8 ORIGINAL #1 TAX RESALE DEED STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS - COUNTY OF WILLIAMSON X That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $2,222.00 cash in hand paid by PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 90- 052 -T26, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: .53 acres, more or less, out of Lots 13 and 14, Block 2, Merrell Addition, as unrecorded subdivision in the City of Round Rock, being more particularly described as Tract One in Volume 886, Page 791, Deed Records of Williamson County, Texas TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub nom, U.S. v. State of Texas and J.W. Edgar. et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court fmds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. COUNTY OF rI7MONY OF has caused these presents to be executed this / 9 day of , 19 tp. y ER BY. STATE OF TEXAS X Charlie Cu1pe bpe Mayor City of Round Rock, Texas X Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. MY A AND SEAL OF OFFICE THIS THE / — DAY OF ,19 0. P.T,cud Notary Public, State of texas () Commission Expires: �' 7 IN TESTIMONY WHEREOF has caused these presents to be executed this day of 19 STATE OF TEXAS X COUNTY OF WILLIAMSON X BY: Steve Copenhaver, President Board of Trustees Round Rock Independent School District Before me, the undersigned authority, on this day personally appeared Steve Copenhaver, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND , AND SEAL OF OFFICE THIS THE DAY OF ,19 . Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF has caused these presents to be executed this day of ,19 STATE OF TEXAS X COUNTY OF X Before me, the undersigned authority, on this day personally appeared John Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF ,19 . After recording return to: PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 BY: John Doerfler County Judge Williamson County, Texas Notary Public, State of Texas Commission Expires: PROPERTY #9 ORIGINAL #1 STATE OF TEXAS COUNTY OF WILLIAMSON X That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $3,820.00 cash in hand paid by PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 TAX RESALE DEED X X KNOW ALL MEN BY THESE PRESENTS hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 88- 090 -T, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: Lot 9, Munro Mercer Subdivision, City of Round Rock, Williamson County, Texas, and being more particularly described in Volume 482, Page 610, Deed Records of Williamson County, Texas TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: - (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub nom. U.S. v. State of Texas and J.W. Edgar. et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above- described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); aff'd with modifications sub nom, U.S. v. State of Texas and J.W. Edgar, et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above- described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attomey's fees from the violator or violators of either or both of such restrictions, if the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. b ic r ib I N ONY STATE OF TEXAS COUNTY OF rS REOF has caused these presents to be executed this BY Charlie Culpeppe Mayor City of Round Rock, Texas X X ER MY AND SEAL OF OFFICE THIS THE I 1 DAY OF 19 I 14 VY1a Notary Public, State of Te asq 9 ry Commission Expires: 0 , day of Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. IN TESTIMONY WHEREOF has caused these presents to be executed this day of , 19 . STATE OF TEXAS X COUNTY OF WILLIAMSON X BY: Steve Copenhaver, President Board of Trustees Round Rock Independent School District Before me, the undersigned authority, on this day personally appeared Steve Copenhaver, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF ,19 . Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF has caused these presents to be executed this day of ,19 . STATE OF TEXAS X COUNTY OF X Before me, the undersigned authority, on this day personally appeared John Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF ,19 . After recording return to: PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 BY: John Doerfler County Judge Williamson County, Texas Notary Public, State of Texas Commission Expires: PROPERTY #10 ORIGINAL #1 TAX RESALE DEED STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON X That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $3,285.00 cash in hand paid by JACK FROST AND LINDA FROST TRUSTEES FOR THE FROST LIVING TRUST 1707 SCENIC LOOP ROUND ROCK, TEXAS 78681 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 88- 586 -T, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: 50 feet by 168 feet, being of the Wiley Harris Survey, City of Round Rock, being more particularly described in Volume 397, Page 480, Deed Records of Williamson County, Texas TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub nom, U.S. v. State of Texas and J.W. Edgar, et al. 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S. 404 U.S. 1206 (1971); cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above- described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court fords that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. COUNTY OF TE TIMONY 19 STATE OF TEXAS REOF has caused these presents to be executed this ICT day of BY X X Charlie Culpe.. r Mayor ' City of Round Rock, Texas Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. N UNDER MY 19 D AND SEAL OF OFFICE THIS THE 11 DAY OF R . • Notary Public, State of T as./ r) ,.. 1 Commission Expires: `) 7 IN TESTIMONY WHEREOF has caused these presents to be executed this day of ,19 STATE OF TEXAS BY: Steve Copenhaver, President Board of Trustees Round Rock Independent School District X COUNTY OF WILLIAMSON X Before me, the undersigned authority, on this day personally appeared Steve Copenhaver, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 19 Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF has caused these presents to be executed this day of ,19 STATE OF TEXAS X COUNTY OF X GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF 19 BY: John Doerfler County Judge Williamson County, Texas Before me, the undersigned authority, on this day personally appeared John Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. After recording retum to: JACK FROST AND LINDA FROST TRUSTEES FOR THE FROST LIVING TRUST 1707 SCENIC LOOP ROUND ROCK, TEXAS 78681 Notary Public, State of Texas Commission Expires: PROPERTY #11 ORIGINAL #1 TAX RESALE DEED STATE OF TEXAS X X . KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON X That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $3,108.00 cash in hand paid by PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 87- 010 -T, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: Part of the Wiley Harris Survey, being 50' X 120' and known as Lot H, B & M Addition, City of Round Rock, being more particularly described in Volume 544, Page 31, Deed Records, Williamson County, Texas TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any. person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub nom. U.S. v. State of Texas and J.W. Edgar. et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above - described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. IN TIMONY 19 REOF has caused these presents to be executed this I day of REOF STATE OF TEXAS COUNTY OF X X Charlie Cul . p . - r Mayor City of Round Rock, Texas Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. C jEN ER MY NAND AND SEAL OF OFFICE THIS THE I DAY OF 9 Notary Public, State of TT;ta 9 , 7 Commission Expires: 2f IN TESTIMONY WHEREOF has caused these presents to be executed this day of ,19 STATE OF TEXAS X COUNTY OF WILLIAMSON X BY: Steve Copenhaver, President Board of Trustees Round Rock Independent School District Before me, the undersigned authority, on this day personally appeared Steve Copenhaver, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , 19 . Notary Public, State of Texas Commission Expires: IN TESTIMONY WHEREOF has caused these presents to be executed this day of , 19 . STATE OF TEXAS X COUNTY OF X Before me, the undersigned authority, on this day personally appeared John Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , 19 . After recording return to: PETER MCNUTT 517B S. LAMAR BLVD. AUSTIN, TX 78704 BY: John Doerfler County Judge Williamson County, Texas Notary Public, State of Texas Commission Expires: DATE: December 10, 1996 SUBJECT: City Council Meeting, December 12, 1996 ITEM: 10. B. Consider a resolution authorizing the Mayor to execute tax resale deeds for properties sold by Round Rock Independent School District for delinquent taxes owed to the city of Round Rock. STAFF RESOURCE PERSON: David Kautz STAFF RECOMMENDATION: Please see the attached letter from Brian Brown, the Round Rock ISD tax attomey regarding this issue. The school district requests the City's approval of nine of the eleven properties presented. Two of the property sale bids were deemed insufficient by the school district and, accordingly, were not accepted. Any property sale bids which are rejected will be offered for sale in the future. If the property sales are approved, revenue from the sales will be applied to back taxes, penalties and interest owed to the various taxing entities on a pro -rated basis. A representative from the school district's tax attorney will be at the Council meeting. Brian E. Brown Honorable Charles Culpepper Mayor City of Round Rock 221 E. Main Street Round Rock, Tx 78664 LINEBARGER HEARD GOGGAN BLAIR GRAHAM PENA & SAMPSON, LLP ATTORNEYS AT LAW 1949 SOUTH I.H. 35 P.O. BOX 17428 AUSTIN, TEXAS 78760 (512) 447-6675 FAX (512) 447 -3494 February 25, 1998 RE: Request for Correction Deed for Tax Foreclosed Property Dear Mayor Culpepper: RECEIVED MAR 0 41998 I represent Round Rock Independent School District in the collection of taxes. I am writing concerning the need for a correction deed for tax foreclosed property sold by Round Rock ISD, City of Round Rock and Williamson County. I have been contacted by Mr. Dan R. McNery, an attorney representing John and Linda Frost of Round Rock. Mr. and Mrs. Frost purchased a parcel of tax foreclosed real property from Round Rock ISD, et al by sealed bid in October 1996. Their bid was not sufficient to pay all amounts due against the subject property, therefore, we requested and obtained approval of the resale from the city and county. Since the property was exempt from taxation for several years before the sale, it was necessary for the Williamson County Appraisal District to create a new non - exempt account once the Frost's deed was recorded. In doing so, the appraisers apparently encountered some difficulty identifying the property on their maps, and requested that the Frosts correct their deed to clarify the physical location of the property. Mr. McNery believes this can best be achieved by the taxing units executing a Correction Tax Resale Deed which contains a complete metes and bounds description to the subject property. The description would replace the legal description in the original Tax Resale Deed conveyed to the Frosts. The essential difference between the two is that the existing legal description merely refers to the location of the deed which contains the subject metes and bounds description, where the corrected legal description would actually spell out those metes and bounds. He is also asking that the grantees names be corrected to reflect their full proper names. I have enclosed a copy of Mr. McNery's letter for your reference. While it may appear that these corrections are insignificant, they will aid in the task of appraising the property for tax purposes. For that reason, I have advised my client to execute the corrected deed. Of course, the deed must be executed by all of the taxing units. Enclosed herewith, please find an original Correction Tax Resale Deed, a copy of the Tax Resale Deed, and a copy of Mr. McNery's letter to our firm. Please review this matter and, if the county agrees to the corrections, execute the enclosed Correction Tax Resale Deed. Please contact myself or my legal assistant, Pat Doyle, once the deed is ready to be picked up. Please let me know if you have any questions or comments concerning this matter. BEB /pjd Enclosures: - Correction Tax Resale Deed (original) - Tax Resale Deed (copy) - Letter from Dan R. McNery to CLG &P cc: Forrest C. Child, Jr., Tax Assessor - Collector Round Rock Consolidated Tax Office P. O. Box 1750 Round Rock, Texas 78680 Brian E. Brown Attorney CORRECTION TAX RESALE DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors for and in consideration of the sum of $3,285.00 cash in hand paid by JOHN ALLEN FROST, SR., AND LINDA SUE FROST TRUSTEES FOR THE FROST LIVING TRUST 1707 SCENIC LOOP ROUND ROCK, TEXAS 78681 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 88-586 - T, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: BEING OUT OF AND A PART OF THE WILEY HARRIS SURVEY ON THE SOUTH SIDE OF LAKE CREEK, AND OUT OF AND A PART OF THAT TRACT OF LAND CONVEYED TO EARL J. TASSEY AND WIFE, RUBY L. TASSEY BY E. V. PARRISH AND WIFE, ETHEL PARRISH BY DEED DATED THE 1sT DAY OF NOVEMBER. A.D. 1945, RECORDED IN VOL. 330, PAGE 305, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT WHICH IS N. 77° E., TWENTY FEET FROM THE S.E. CORNER OF A TRACT OF LAND CONVEYED TO ESTEVEN (STEVE) RAMIREZ BY BIRDIE LEE BRADSHAW ET. AL., BY DEED DATED THE 26 DAY OF JANUARY, A.D. 1942, FOR THE S.W. CORNER OF THIS SURVEY; THENCE N. 77° E., WITH THE NORTH LINE OF A TRACT OF LAND CONVEYED BY EARL J. TASSEY ET. UX., TO RUFINO GUERRERO AND WIFE, FIFTY (50) FEET TO STAKE FOR CORNER, THE S.E. CORNER HEREOF; THENCE ABOUT N. 14 -3/4° W. 168 FEET, TO A STAKE FOR CORNER, THE N.E. CORNER HEREOF; THENCE ABOUT S.77° W., PARALLEL WITH THE SOUTH LINE HEREOF, FIFTY (50 FT.) FEET, TO A STONE FOR CORNER, THE N.W. CORNER HEREOF; CORRECTION TAX RESALE DEED - PAGE 1 THENCE ABOUT S. 14 -3/4° E., 168 FEET TO STAKE FOR CORNER, AND THE PLACE OF BEGINNING, BEING THE SAME LAND AS THAT CONVEYED TO ME BY S.R. BOYD AND WIFE, LEONA E. BOYD BY DEED DATED THE 19TH DAY OF JUNE, A.D. 1953, RECORDED IN VOLUME 389, PAGE 323, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, TO WHICH SAID DEED AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR ALL PERTINENT PURPOSES. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim ore demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions, and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. (b) The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin (3) CORRECTION TAX RESALE DEED - PAGE 2 American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970): U.S. v. Texas, 330 F. Supp. 235 (E.D. Texas 1971); aff'd with modifications sub nom, U.S. v. State of Texas and J.W. Edear. et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edear v. U.S., 404 U.S. 1206 (1971); cert. den. 404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above - described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. This deed is made in place of and to correct a deed from ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, and WILLIAMSON COUNTY, to JACK FROST AND LINDA FROST TRUSTEES FOR THE FROST LIVING TRUST. dated December 19, 1996, and recorded under Document Number 9801551, Official Records, Williamson County, Texas. By mistake that deed did not fully and completely describe the real property being conveyed. Additionally, by mistake the deed did not identify the Trustees of the FROST LIVING TRUST by their full names. This correction deed is made by Grantor and accepted by JACK ALLEN FROST, SR., and LINDA SUE FROST Trustees for THE FROST LIVING TRUST, to correct that mistake, is effective on December 19, 1996,and in all other respects confirms the former deed. IN TESTIMONY WHEREOF has caused these presents to be executed this day of , 1998. CORRECTION TAX RESALE DEED - PAGE 3 BY: President Board of Trustees Round Rock Independent School District STATE OF TEXAS COUNTY OF WILLIAMSON Before me, the undersigned authority, on this day personally appeared , President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , 1998. CORRECTION TAX RESALE DEED - PAGE 4 NOTARY PUBLIC, STATE OF TEXAS IN TESTIMONY WHEREOF has caused these presents to be executed this d 7 - day of fp2IU , 1998. STATE OF TEXAS COUNTY OF WILLIAMSON CHRISTINE R. MIARTINEZ MY COMMISSION EX PINES August 5. 2001 § § § CORRECTION TAX RESALE DEED - PAGE 5 BY: CHARLIE Mayor City of Round Rock, Texas Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE o 7 DAY OF A�,e/L , 1998. NOTARY PUBLIC, STATE OF TEXAS IN TESTIMONY WHEREOF has caused these presents to be executed this day of , 1998. STATE OF TEXAS COUNTY OF WILLIAMSON § § § CORRECTION TAX RESALE DEED - PAGE 6 BY: JOHN DOERFLER County Judge Williamson County, Texas Before me, the undersigned authority, on this day personally appeared John Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , 1998. NOTARY PUBLIC, STATE OF TEXAS ACCEPTED BY GRANTEES: JACK ALLEN FROST, SR., Co- Trustee of the FROST LIVING TRUST LINDA SUE FROST, Co- Trustee of the FROST LIVING TRUST STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 1998, by JACK ALLEN FROST, SR., Co- Trustee of the FROST LIVING TRUST, on behalf of said trust. STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 1998, by LINDA SUE FROST, Co- Trustee of the FROST LIVING TRUST, on behalf of said trust. rwrro:cas resale deed CORRECTION TAX RESALE DEED - PAGE 7 (Acknowledgments) NOTARY PUBLIC, STATE OF TEXAS NOTARY PUBLIC, STATE OF TEXAS TAX RESALE DEED STATE OF TEXAS X DOC# 9801551 X KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON X That ROUND ROCK INDEPENDENT SCHOOL DISTRICT, TRUSTEE, CITY OF ROUND ROCK, AND WILLIAMSON COUNTY, each acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body and duly recorded in their official Minutes, hereinafter called grantors, for and in consideration of the sum of $3,285.00 cash in hand paid by JACK FROST AND LINDA FROST TRUSTEES FOR THE FROST LIVING TRUST 1707 SCENIC LOOP ROUND ROCK, TEXAS 78681 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of the grantors, they being all of the taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 88- 586 -T, in the district court of said county, said property being located in Williamson County, Texas, and described as follows: 50 feet by 168 feet, being of the Wiley Harris Survey, City of Round Rock, being more particularly described in Volume 397, Page 480, Deed Records of Williamson County, Texas TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenants, conditions and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews or encourages, or which tends to create, maintain, reinforce, renew or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization entity whatever (whether private or governmental in nature), without limitation, hereafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); aff'd with modifications sub nom, U.S. v. State of Texas and J.W. Edsar, et al., 447 F2d 441 (5 Cir. 1971); stay den. sub nom. Edear v. U.S., 404 U.S. 1206 (1971)• cert den.404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above - described realty; (B) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both of such restrictions. It is further covenanted, that any third party beneficiary referred to above shall prosecute proceedings at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, if the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose. ,,rrte� TE TIMONY WHEREOF has caused these presents to be executed this , 19 9i . STATE OF TEXAS X COUNTY OF WILLIAMSON X BY: is C - f � Steve Copenhave , resident Board of Trustees Round Rock Independent School District day of Before me, the undersigned authority, on this day personally appeared Steve Copenhaver, President, Board of Trustees, Round Rock Independent School District, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. Tk UNDER MY AND SEAL OF OFFICE THIS THE 5 1-/-\---' DAY OF c, . . to of Te Co sion Expires: I t TE TIMONY I 19 REOF has caused these presents to be executed this fQtb day of . 'ALA. �11D. STATE OF TEXAS COUNTY OF CHRISTINE R. t1hiTINE Natty Mk, Reg dices BY: X X Charlie Culpe • . Mayor City of Round Rock, Texas Before me, the undersigned authority, on this day personally appeared Charlie Culpepper, Mayor, City of Round Rock, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. �, i Intl I 'DER MY 19 r AND SEAL OF OFFICE THIS THE Notary Public, State of Tg4a , s Commission Expires: '7 / 1 DAY OF IN TESTIMONY WHEREOF has caused these presents to be executed this 3r d day of December 19 9 6 STATE OF TEXAS COUNTY OF ( After recording return to: BY: J . 4 J Doerfler C nty Judge Williamson County, Texas X X GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE December , 19 9 (1 JACK FROST AND LINDA FROST TRUSTEES FOR 1HE FROST LIVING TRUST 1707 SCENIC LOOP ROUND ROCK, TEXAS 78681 12 Not Public, State of Texas Commission Expires: —q? VOL 0085p4c,E 737 Before me, the undersigned authority, on this day personally appeared John Doerfler, County Judge, Williamson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration, therein expressed and in the capacity therein stated. 3rd DAY OF Doc# 9801551 # Pages: 5 Date : 01 Time : 04:26:36 P.M. Flied & Recorded in Official Records of WILL/AMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 17.00 Dan R. McNery Troy L. Voelker Benjamin H. Bash February 23, 1998 Calme, Lineberger. Graham & Pena 1949 South I. H. 35 Austin, Texas 78741 Attention: Pat Doyle Dear Mr. Doyle: McNERY & VOELKER, P.C. Attorneys & Counselors at Law FIRST TEXAS BANK BUILDING 500 ROUND ROCK AVENUE, SUITE 2 ROUND ROCK, TEXAS 78664 Telephone (512) 255 -6940 Telecopier (512) 255 -6975 Re: Tax Resale Deed executed by Round Rock Independent School District, Trustee, City of Round Rock and Williamson County to Jack Frost and Linda Frost, Trustees for the Frost Living Trust relating to 50 feet by 168 feet, being of the Wiley Harris Survey, City of Round Rock, being more particularly described in Volume 397, Page 480, Deed Records of Williamson County, Texas Our firm represents the Trustees of the Frost Living Trust, Jack Allen Frost, Sr., and Linda Sue Frost in regards to the purchase of the above - referenced property at a tax sale in late 1996. On October 10, 1996, the Frost Living Trust made a bid on the above - referenced property. The bid was accepted and the Tax Resale Deed described above was executed and delivered to our clients. A copy of the recorded Tax Resale Deed is enclosed. After the Deed was recorded our clients conferred with the Williamson County Appraisal District regarding the sufficiency of the description of the property in the Deed. The Appraisal District refuses to list the Frost Living Trust as the owner of the subject property on the tax rolls because the Tax Resale Deed does not provide a full and complete description of the property. The Appraisal District has suggested that the Deed be corrected to provide an adequate description of the property. The Tax Resale Deed describes the property by reference do a document recorded in Volume 397, Page 480, of the Deed Records of Williamson County, Texas.. We have obtained a copy of a Warranty Deed recorded at Volume 397, Page 480, of the Deed Records of Williamson County, Texas. The Warranty Deed includes a field note description of the subject property. A copy of the Warranty Deed is enclosed. In order to provide a complete description of the subject property, my clients request that a correction deed that includes the field note description of the subject property be executed by Round Rock Independent School District, Trustee, City of Round Rock, and Williamson County. We have prepared such a Correction Tax Resale Deed for your review. The Deed includes a field note description of the subject property from the Warranty Deed at Volume 397, Page 480. The enclosed Correction Tax Resale Deed also includes the corrected names of the Trustees of the Letter to Calme, Linebarger, Graham & Pena February 20, 1998 Page 2 - Frost Living Trust. We have included a copy of an Affidavit of Trust which shows the correct names of the Trustees. Please contact me at your earliest convenience so that we can discuss this matter. Dan R. McNery DRM:jj Enclosures f. \d\calmc letter ji 1 , �� :CITY OF ROUND ROCK: Mayor - Charles Culpepper ' Mayor Pro -tem Earl Palmer Coundl Members Robert Stluka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph - city Maoager Robert L Bennett. Jr. City Attorney Stephan L Sheets - December 20, 1996 Mr. Brian E. Brown, Attorney Calame Linebarger Graham & Pena, L.L. P. P.O. Box 17428 Austin, Texas 78760 RE: Approval of Resale of Properties Sold from Sealed Bid Auction by Round Rock Independent School District, Trustee Dear Mr. Brown: The Round Rock City Council approved Resolution No. R- 96- 12- 12 -10B, regarding the proposed deeds, at their regularly scheduled meeting on December 12, 1996. Enclosed is a copy of the resolution and the executed duplicate originals of the proposed deeds on the properties. If you have any questions, please do not hesitate to contact me. ncerely, Joanne Land Assistant City Manager/ City Secretary enclosures • Fsz:S12- 218.7097 1- 800. 735 -2989 TDD 1-800-735-2988 %ice .