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R-97-01-09-10A - 1/9/1997WHEREAS, the citizens of the City have voted to approve the sale of bonds to improve and expand the City Library, and WHEREAS, Lots 4 and 5, Block 37 of the Original Plat of the City of Round Rock ( "Property ") is in the immediate vicinity of the City Library, and said Property is necessary and desirable for said expansion, and WHEREAS, the City has expressed an interest to the present owner of the Property to purchase same for said expansion, and WHEREAS, the present owner is interested in selling said Property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract for the purchase of the Property for the Library expansion. RESOLVED this 9th day of January,,1997. ATTEST: 41 #1 AA AA _1 if K \ wP DOCS \RRSOLUTI \RS70109A.WPD /Scg RESOLUTION NO. R- 97- 01- 09 -10A LAND, City Secretary CHARLES CUL •'ER, Mayor City of Round Rock, Texas State of Texas County of Williamson REAL ESTATE CONTRACT ARTICLE I COPY THIS CONTRACT OF SALE ( "Contract ") is made by and between the Joe Lee Johnson Estate, of 205 E. Austin Ave., Round Rock, Williamson County, Texas (referred to in this Contract as "Seller ") and the City of Round Rock, a Texas home rule city, of 221 E. Main St., Round Rock, Williamson County, Texas (referred to in this Contract as "Purchaser "), upon the terms and conditions set forth in this Contract. 1.01. Purchase and Sale. By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract of land situated in Williamson County, Texas, being more particularly described as follows: Lots 4 and 5, Block 37, Original Plat of the City of Round Rock, Williamson County, Texas; together with all and singular the rights and appurtenances pertaining to the Property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II 2.01. Purchase Price. The purchase price for the Property shall be the sum of Seventy -four Thousand and No /100 Dollars ($74,000.00). As additional consideration, Purchaser agrees to clear and pave the alleyway along the northern boundary of the Property so as to allow vehicular access from Sheppard Street to Seller's garage, which is located on a tract adjoining said alleyway on the north. ARTICLE III 3.01. Conditions to Purchaser's Obligations. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions C:\WPDOCS\ACttY \9600NDS \LIBRARY \PEN JOWN.WPD /a1a 1 (any of which may be waived in whole or in part by Purchaser at or prior to the Closing(as hereinafter defined)). 3.02. Preliminary Title Commitment. Within thirty (30) days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the title company to issue a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. 3.03. Survey. Within thirty (30) days from the date hereof, Seller, at Purchaser's sole cost and expense, shall cause to be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, streets, roads, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and that the Property is not subject to the 100 year flood plain. Purchaser will have ten (10) days after receipt of the survey to review and approve same. In the event any portion of the survey is unacceptable to Purchaser, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall promptly undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Contract, and this Contract shall thereupon be null and void for all purposes and Escrow Deposit shall be returned by the title company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3.04. New Surveys and Tests. Within thirty (30) days after the date hereof Purchaser is granted the right to conduct an engineering survey and feasibility study of the Property, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, environmental survey, 2 or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser in Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to forty -five (45) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser. If the written notice is not received within this 45 day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 3.05. General Conditions. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the Closing. ARTICLE IV 4.01. Representations and Warranties of Seller. Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the Closing: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; and (2) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. ARTICLE V CLOSING 5.01. Date. The closing shall be held at the office of Sheets & Crossfield, P.C., 309 E. Main St., Round Rock, Texas, on or before February 28, 1997, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "Closing "). 5.02. Seller's Obligations. At the Closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 3 (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii)Any exceptions approved by Purchaser in writing. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Title Agency of Austin, 1717 N. IH 35, Round Rock, Texas, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Article V hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (i) The boundary and survey exceptions shall be deleted; (ii) The exception as to restrictive covenants shall be endorsed "None of Record'; and (iii)The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (3) Deliver to Purchaser possession of the Property. 5.03. Purchaser's Obligations. At the Closing, Purchaser shall pay the purchase price to Seller. 5.04. Prorations. General real estate taxes for the then current year relating to the Property shall be prorated as of the Closing and shall be adjusted in cash at the Closing. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation. All special taxes or assessments to the Closing shall be paid by Seller. 5.05 Closing Costs. All costs and expenses of Closing in consummating the sale and purchase of the Property shall be borne and paid as follows: Owner's Title Policy paid by Purchaser; Survey paid by Purchaser; Filing fees paid by Purchaser; and Attorney's fees paid by each respectively. 4 ARTICLE VI 6.01. Real Estate Commissions. It is understood and agreed that their are no brokers involved in the negotiation and consummation of this Contract. ARTICLE VII 7.01. Escrow Deposit. For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Title Agency of Austin, the sum of Five Hundred Dollars ($500), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided in Article IX hereof. At the Closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VIII 8.01. Breach by Seller. In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser; or (3) bring suit for damages against Seller. ARTICLE IX 9.01. Breach by Purchaser. In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. 5 ARTICLE X MISCELLANEOUS 10.01. Assignment of Contract. This Contract may not be assigned without the express written consent of Seller. 10.02. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the Closing of the transactions contemplated hereby shall survive the Closing and shall not be merged therein. 10.03. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature of the party. 10.04. Texas Law to Apply. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 10.05. Parties Bound. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 10.06. Legal Construction. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 10.07. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 10.08. Time of Essence. Time is of the essence in this Contract. 10.09. Gender. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 6 10.10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. 10.11. Compliance. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Dated this day of January, 1997. SELLER Joe Lee Johnson Estate Date: January , 1997. 205 E. Austin Ave. Round Rock, Texas 78664 PURCHASER City n Rock, Texas by: Charles ulp pper, Mayor 221 E. Main St. Round Rock, Texas 78664 RECEIPT Receipt of a copy of the foregoing Contract and $500.00 Earnest Money in the form of a check is acknowledged. Title Agency of Austin Escrow Agent BY: 7 DATE: January 7, 1997 SUBJECT: City Council Meeting - January 9, 1997 ITEM: 10.A. Consider a resolution authorizing the Mayor to execute a real estate contract for the purchase of Lots 4 and 5, Block 37, Original Plat of the City of Round Rock, Williamson County, Texas. (Joe Lee Johnson Estate) STAFF RESOURCE PERSON: Bob Bennett STAFF RECOMMENDATION: The attached real estate purchase contract has been agreed to by Mellownie Johnson for the purchase of her lots for the expansion of the Library. May 20, 1997 The City of Round Rock 221 E. Main St. Round Rock , TX 78664 RE: GF #97016121 In connection with your recent purchase of the above described property, we are pleased to enclose the following: Owners Title Policy Cash Warranty Deed It has been a pleasure to have closed this transaction for you. We now have a complete file of your property and are in a position to give you prompt service on any future transactions. Please do not hesitate to call if we may be of further service. Alamo Title Policy Marci Littleton Post Closing Escrow Officer 12.10 Alamo Title Company 3305 Northland Drive, Suite 100 • Austin, TX 78731 • (512) 459 -7222 • Fax (512) 459 -7460 An Alamo Title Group Company Servicing Travis, Williamson, Hays and Bastrop Counties By: OWNER POLICY OF TITLE INSURANCE Issued by szAta Alamo Title Insurance of Texas 465374 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ALAMO TITLE INSURANCE OF TEXAS, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy; 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. The company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. ALAMO TITLE INSURANCE OF TEXAS By President Th 4 of FORM T-1. Owner Policy of Title Insurance A10191(193) .a Effective January 1, 1993 J EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' lees or expenses that arise by reason of I (a) My law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restncsng, regulating, prohibiting or relating to (i) the occupancy use. or enjoyment of the land, (11) the character dimensions or location of any improvement now or hereafter erected on the land, (m) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect d any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental polce power not excluded by (a) above, except to the extent that a notice of the exerase thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects. hens, encumbrances, adverse dams or other matters (a) created, suffered, assumed or agreed to by the insured claimant. (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in wnhng to the Company by the Insured claimant pnor to the date the insured claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured claimant (d) attaching or created subsequent to Date of Policy, (e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest Insured by this Policy. 4 The refusal of any person to purchase. lease or lend money on the estate or Interest covered hereby in the land descnbed in Schedule A because of unmarketability of the title 5 Any claim, which anses out of the transaction vesting In the person named in paragraph 3 of Schedule A the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or other slate or federal creditors' nghts laws that is based on either (r) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend or (ii) the subordination or recharaclenzation of the estate or Interest insured by this Policy as a result of the appbcabon of the doctnne of equitable subordination or (iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its Issuing agent to timely life for record the instrument of transfer to the Insured after delivery or the failure of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. 1. DEFINRION OF TERMS. The following terms when used in this policy mean. (a) 'insured'. the insured named in Schedule A, and, subject to any nghts or defenses the company would have had against the named Insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distnbutees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduaary successors, and specifically. without limitation, the following. (i) the successors m interest to a corporation resulting from merger or consolidation or the distdbuvon of the assets of the corporation upon partial or complete . liquidation; (11) the partnership successors in Interest to a general or limited partnership which dissolves but does not terminate; (in) the successors In interest to a general or limited partnership resulting from the distnbution of the assets of the general or limited partnership upon partial or complete liquidation, (iv) the successors in interest to a pmt venture resulting from the distribution of the assets of the Joint venture upon partial or complete liquidation, (v) the successor or substitute trustee(s) of a trustee named in a written trust instrument. or (w) the successors in interest to a trustee or trust resutttng from the distribution of all of part of the assets of the trust to the beneficianes thereof. (b) 'insured claimant' an insured claiming loss or damage (c) 'knowledge' or 'known'. actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason of the public records as defined in this policy or any other records which Impart constructive notice of matters affecting the land. (d) 'land'. the land descnbed or referred to in Schedule A, and improvements affixed thereto that by law constitute real properly. The tern' land' does not Include any property beyond the Imes of the area described or referred to in Schedule A, nor any nght, title, Interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) 'mortgage': mortgage, deed of trust, trust deed, or other security instrument 0) 'public records': records established under slate statutes as Date of Policy for the purpose of mpamng constructive notice of matters relating to real property to purchasers for value and without knowledge With respect to Section 1(a)(v) of the Exclusions From Coverage, 'public records' also shag include environmental protection liens filed In the records of the clerk of the United States dalnct court for the distnct in which the land is located (9) 'access% legal nght of access to the land and not the physical condition of access The coverage provided as to access does not assure the adequacy of access for the use intended. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coveage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or Interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so tong as the Insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or Interest in the land, or pq and indebtedness secured by a purchase money mortgage given to the Insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall nerdy the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, or (u) In case knowledge shall come to an Insured hereunder of any claim of title or Interest that is adverse to the title to the estate or Interest, as Insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If prompt notice shall not be given to the Company, then as to the insured all Ilability of the Company shall terminate with regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall In no case prejudice the nghts of any Insured under this policy unless the Company shall be prejudiced by the failure and then only the extent of the prejudice When, after the date of the policy, the insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect In title to the estate or Interest in the land Insured by tors policy that m not excluded or excepted from the coverage of this policy, the Company shag promptly Investigate the charge to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or statute The Company shall nobly the insured in wnting, within a reasonable lime, of its determination as to the validity or invalidity of the insureds claim or charge under the policy It the Company concludes that the lien, encumbrance, adverse claim or defect 0 not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the insured of the reasons for its determination. If the Company concludes that the ken, encumbrance, adverse daim or defect is valid, the Company shall take one of the following actions (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as Insured; (11) indemnify the Insured as provided in this policy, (nn upon payment of appropriate premium and charges therefor, Issue to the insured claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the land Insured by this policy, a policy of We insurance without exception for the lien, encumbrance, adverse daim or defect, said policy to be in an amount equal to the current value of the property or, d a mortgagee policy, the amount of the loan, )e) indemnify another title insurance company in connection with its issuance of a policy(les) of title insurance without exception for the lien, encumbrance, adverse daim or defect; (v) secure'a release or other document discharging the lien, encumbrance, adverse daim or defect, or (vi) undertake a combination of 0)11110590 (v) herein. CONDITIONS AND STIPULATIONS i File No: 97016121 Amount of Insurance: $74,000.00 Date of Policy: March 20, 1997 1. Name of Insured: The City of Round Rock OWNER POLICY OF TITLE INSURANCE SCHEDULE A at 1:55 P.M. Policy No: 0- 465374 2. The estate or interest in the land that is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is insured as vested in: The City'bf Round Rock 4. The land referred to in this Policy is described as follows: Lots Four (4) and Five (5), Block "37 ", in the Town of Round Rock, Williamson County, Texas, according to the map or plat thereof recorded in Cabinet A, Slide 190, Plat Records of Williamson County, Texas. Title Agency of Austin 5_01(4 Authorized Si atory FORM T Owner Policy of Ti Insurance - Schedule A ALAMO TITLE INSURANCE OF TEXAS Effective January 1, 1993 OWNER POLICY OF TITLE INSURANCE SCHEDULE B FILE NO: 97016121 POLICY NO: 0- 465374 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the Leases or easements insured if any, shown in Schedule A, and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): Exception No. 1 of Schedule E above, is hereby deleted in its entirety. 2. Any discrepancies, conflicts, or shortages in area or boundary Lines, or any encroachments, or protrusions, or any overlapping of improvements. 3. Homestead or conmunity property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, corporations, governments or other entities, a. to tidelands,or lands comprising the shores or beds of navigable or perennial rivers and streams, Lakes, bays, gulfs or oceans, or b. to lands beyond the Line of the harbor or bulkhead Lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. statutory water rights, including riparian rights, or e. to the area extending from the Line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 19 97 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. 6. The following matters and all terms of the documents creating or offering evidence of the matters(we must insert matters or delete this exception.): A. Omitting from any documentation set out herein discriminatory provisions, if any, based on race, color, religion, sex, handicap, familial status, national origin, or any other prohibited basis of discrimination. B. Visible and apparent easements on or across the property. C. Rights of parties in possession. Title Agency of Austin ALAMO TITLE INSURANCE OF TEXAS FORM T-1: Owner Policy of Title Insurance - Schedule B Effective January 1, 1993 CONDITIONS AND STIPULATIONS - Continued 4 DEFENSE AND PROSECUTION OF ACTIONS. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon wntten request by the Insured and subbed to the options contained in Section 6 of these Conditions and Stipulations, the Company, at Its own cost and without unreasonable delay, shall provide for the defense of an insured in Ithgation in which any third parry asserts a claim adverse to the title or Interest as insured, but only as to those stated causes of action alleging a defect, hen or encumbrance or other matter insured against by this policy The Company shall have the nght to salad counsel of its choice (subject to the nght of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of aatton and shall not be liable for end will not pay the lees of any other counsel The Company will not pay any lees, costs or expenses Incurred by the Insured m the defense of those causes of action that allege matters not Insured against by this pokey Ib) The Company shall have the right a: its own cost, to Institute and prosecute any action or proceeding or to do any other act that In es opinion may be necessary or desirable to establish the title to Inc estate or Interest, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not n shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, 0 shall do so diligently (c) Whenever the Company shall have brought an action or Interposed a defense as required er permitted by the provisions of this policy, the Company may pursue any litigation to final determinaton by a court of competent jurisdiction and expressly reserves the nght, in Its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to the Company the nght to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of the insured for this purpose Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable ald (I) In any action or proceeding, secenng evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (i) in any other lawful act that In the opinion of the Company may be necessary or desirable to establish the title to the estate or Interest as Insured II the Company Is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liabildy or obligation to defend, prosecute, or continue any Idigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and swan to by the insured claimant shall be furnished to the Company within 91 days after the Insured claimant shall ascertain the fads owing rise to the loss or damage The proof of loss or damage shall desc0be the defect in, or lien or encumbrance on the Bile, or other matter insured against by this pretty that constitutes the basis of Ices or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage, If the Company is prejudiced by the failure of the Insured claimant to provide the • required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requmng such proof of loss or damage. In addition, the Insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether beanng a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, If requested by any == authorized representative of the Company. the insured claimant shall grant its permission, in wnimg, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers. checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage All . Information designated as confidential by the Insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable - judgment of the Company, it is necessary In the administration of the claim Failure of the Insured claimant to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from (hind parties as required In this paragraph shall terminate any Iiab lity of the Company under this policy as to that clam 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were auhonzed by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the Insured under this policy, other than to make the payment required, shall terminate, including any bability or obligation to defend, prosecute. or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or 001000se settle with other parties for or In the name of an insured claimant any claim Insured against under this policy, together with any costs, attorneys' lees and expenses maimed by the Insured claimant, Mitch were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (a) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were auhonzed by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(q or (), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy Is a contract of indemnity against actual monetary loss or damage sustained or Inured by the insured claimant who has suffered loss or damage by reason of matters Insured against by this policy and only to the extent herein described (a) The liability of the Company under this policy shall not exceed the least of. (i) the Amount of Insurance stated in Schedule A; (a) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or enumbranee insured against by this policy at the date the insured claimant is required to furnish to Company a proof of loss or damage In accordance with Section 5 of these Conditions and Stipulations (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value cl the insured estate or Interest or the full consideration paid for the land, whichever Is less, or it subsequent to the Date of Policy an Improvement is erected on the land which Increases the value of the insured estate or Interest by as least 20 percent over the Amount of Insurance slated in Schedule A, then this Policy Is subject to the following (I) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of Insurance 01 Date of Policy bears to the total value of the insured estate or Interest at Date of Policy; or (n) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata to the proportion that 120 percent of the '• Amount of Insurance stated In Schedule A bears to 1h6 sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys lees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in iho aggregate, 10 percent of the Amount of Insurance stated In Schedule A (c) The Company will pay only those costs. attorneys lees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations e APPORTIONMENT If the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss Is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exdusrve of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy, 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title or remoses the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, all as Insured, or takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including btigation an the completion of any appeals therefrom, It shall have fully performed its obligations with respect to That matter and shall not be liable for any loss or damage caused thereby (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a cou0 of competent junsdicuon and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for !fatality voluntarily assumed by the Insured to settling any claim or suit without the pnor wntten consent of the Company 10 REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy. except payments made for costs, anorneys' fees and expenses, shall reduce the amount of the insurance pro Canto (Continued on Reverse Sde of Page) 0 c o QOT� o. ��X E co' 4 -cry In o 03 O co m � C n ci CO K N CL H N 0 na C 0 0 0 c N CONDMONS AND STIPULATIONS -Continued 11. LIABILITY NONCUMULATIVE. It Is expressly understood that the amount of Insurance under this policy shall be reduced by any amount the Company may pay under any policy Insunng a mortgage to which exception Is taken In Schedule B or 10 which the Insured has agreed, assumed, or taken subJect, or which is hereafter executed by an Insured and which Is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under This policy to the Insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, In which case proof of loss or destmcaon shall be furnished to the sausfachon of the Company. (b) When liability antl the extent of loss or damage has been definitely fixed in accordance vnth these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all nght of subrogation shall vest in the Company unaffected by any act of the Insured claimant. The Company shall be subrogated to and be entitled to all nghts and remedies that the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the Insured claimant shall transler to the Company all nghts and remedies against any person or property necessary In order to perfect this nght of subrogation The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or hbgadon Involving these nghts or remedies 11 a payment on aaaunt of a Uarm does not fully cover the loss of the insured dement, the Company shall be subrogated to these nghts and remedies in the proportion that the Company's payment bears to the whole amount of the loss 11 loss should result from any act of the insured dement, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount, if any, lost to the Company by reason of the impairment by the Insured claimant of the Company's nght of subrogation. (b) The Company's Rights Against Non- Insured Obligors. The Company's tight of subrogation against noninsured obligors shall exist and shall include, without limitation, the rights of the Insured to Indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained In those Instruments that provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law or unless Ws arbitration section is deleted by specific provision In Schedule B of this policy, either the company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service of the Company in connection vnlh its Issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is 51,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the insured Is 8n Indmdual person (as distinguished from a corporation, bust, partnership, association or other legal risibly) AU arbitrable matters when the Amount of Insurance Is In excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to This policy and under the Rules in effect on the date the demand for arbriretion is made or. at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attomeys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing parry Judgment upon the award rendered by the Arbitrator(s) maybe entered in any court having Jurisdiction thereof The law of the situs of the land shall apply to an arbitration under the Tile Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request_ 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In Interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arise out of the status of the use to the estate or Interest covered hereby or by any action asserting such dam, shall be restricted to this policy (0) No amendment 01 or endorsement 10 this policy can be made except by a venting endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authonzed signatory of the Company 16 SEVERABILITY. In the event any provision of the policy Is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision, and all other provisions shall remain In lull force and effect 17. NOTICES, WHERE SENT. All nodes required to be given the Company and any statement In writing required to be furnished the Company shall Include the number of this policy and shall be addressed to the Company at 10010 San Pedro, Suite B00, San Antonio, Texas 782163895 COMPLAINT NOTICE Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that Issued the policy. R me problem Is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 76714.9091, Fax No. (512) 4754771. This notice of complaint procedure is for information only and does not become s part or condition of thle policy. Date: March Grantor: Mellownie Johnson CASH WARRANTY DEED , 1997 Grantor's Mailing Address (including county): 205 E. Austin, Ave. Round Rock, Texas 78664 Williamson County Grantee: The City of Round Rock Grantee's Mailing Address (including County): 221 E. Main St. Round Rock, Texas 78664 Williamson County DOC# 9711739 Consideration: TEN AND NO /100 DOLLARS and other good and valuable consideration. Property (including any improvements): Lots 4 and 5, Block 37, Original Plat of the City of Round Rock, Williamson County, Texas, recorded in Cabinet A, Slide 190, Plat Records of Williamson County, Texas. Reservations From and Exceptions to Conveyance and Warranty: None Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. CASH WARRANTY DEED - PAGE 1 5: \NPDOCS \ACITY \96BONDS \ LIBRARY \DBBD4.NPD /scg OFFICIAL RECORDS WILLIAMSON C')'J TY TEXAS 2- STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on /71R-x , 1997, by Mellownie Johnson. SHARON L. BRIAN MY COMMISSION SORES '•'. >�'�:F ` October 10,2000 PREPARED IN THE OFFICE OF: Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Return to: Agency of Title 3305 Northland Drive i Suite 100 Austin, exas 78731 .4 GF ?D I CASH WARRANTY DEED - PAGE 2 ACKNOWLEDGMENT e. ownie Johnson A oN taryPUbl c, State of Texas Doc# 9711739 It Pages: 2 Date : 03 -20 -1997 Time : 01:55:58 P.M. Filed R Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 11.00 1 r . _ STATE OF TEX/ S .'.nLN'• ;� wn 1 IAMSON TN; a to :elury that Sus daaumare ant FLED ar..l iECORWEC r ex OlAtlal Public Atom of WIMe son Corny Tao as d1► dam am cow tWmpeOlA+nop i "CLEas [t. OMMYCLEU WIIUANCSON COUNTY, TEXAS