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R-97-10-09-10D - 12/4/1997Ms. Joanne Land City of Round Rock 221 East Main Street Round Rock, TX 78664 Dear Joanne: / / BROWN McCARROLL SHEETS & CROSSFIELD, LLP. Attorneys 309 E. Main Street Round Rock, Texas 78664-5246 (512) 255-8877 FAX (512) 255 -8986 E -MAIL bmscl @aol.com December 4, 1997 Re: City of Round Rock and Don J. Stoops Enclosed please find the original Cash Warranty Deed and Owner's Title Policy in the above - referenced matter. SLS:slb Enclosure C: \NPDOCS \STOOPS. SLS If you have any questions, please feel free to call me. Stephan L. Sheets AUSTIN OFFICE 1400 Franklin Plaza, W Cock Avenue, Austin, Tarn 79701.4043 (512) 472.5456 Fax (512) 4741031 DALLAS OFFICE 300 Crescent Court, Suite 140q Dadra Texas 752014929 (214) 9994190 Fax (2.14) 999.61•0 HOUSTON OFFICE 1300 Wareham Tower, 2727 Aden Parkway, Ho,uiorL Texas 770142100 (713) 5243110 Fax (713) 5256295 LONGVIEW OFFICE 220 Energy Centre, 1127 Judson /load, PA. Box 3999, Longview, Texas 756063999 (903) 2369900 Fax (903) 2368787 10- 9702420 Date: October a7 , 1997 Grantor: DON J. STOOPS, a single person Grantor's Mailing Address (including county): DON J. STOOPS 30118 CARMEL BAY GEORGETOWN, TEXAS 78628 WILLIAMSON COUNTY CASH WARRANTY DEED Grantee: CITY OF ROUND ROCK, TEXAS Grantee's Mailing Address (including County): CITY OF ROUND ROCK, TEXAS 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 WILLIAMSON COUNTY PROPERTY (including any improvements): CASH WARRANTY DEED - PAGE 1 C: \WPDOCS \RO[RJDRO \WDCSTWP.WPDft& DOC# 97492i5 CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable consideration. 0.092 acre(s) of land out of the J.M. HARRELL LEAGUE ABSTRACT NO. 284 in Williamson County, Texas, being part of that property set out in Deed recorded in Volume 426, Page 305, Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions O F R C I A L R E C O R D S IVILLIPAISONCOUNT(TEXAS 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's heirs, executors, administrators and successors are hereby bound 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. STATE OF TEXAS COUNTY OF l"A5 D. KING �� State of Texas C Egos, July fa 2000 CASH WARRANTY DEED - PAGE 2 C: \wPpOCS \ R JNDAOC \wDCSTWP.WPL /cdc ACKNOWLEDGMENT This i nstrument was acknowledged before me on this the day of 04, , 1997 by DON J. STOOPS. Notary Public,/ State of Texas PREPARED IN THE OFFICE OF: Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Brown McCarroli Sheets & Crossf)eld,r L.L.P. Commercial T itle of Austin 309 E. 'Ma' St. .t Main Street, Suite 203 RounyY Rodk, Texas 78664 Pon. Thns DON J. STOOPS FOR A 0.092 ACRE TRACT OF LAND SITUATED IN TI IE JACOB M. HARREL.L SURVEY, ABSTRACT NO. 284, LOCATED IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OE A 0.446 ACRE TRACI OF LAND DESCRIBED IN VOLUME 426, PAGE 305 OF THE DEED RECORDS OI' W11.4,iAMSON COUNTY, TEXAS, SAID 0.092 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. BEGINNING on 0 point marked by an iron rod found in the southerly righ4.04 vay (R.O.W.) line of Sam Bass Road (R.O.W. varies), also being the easterly R.O.W. line of Galloping Rood 130' R.O.W. indfh), same being the nerthweslerl4 corner of said 0,446 acre trot? of land the rorinweslerly corner and POINT OF BEGINNING hereof; Thence, w4h said 6_0,W. line of Sam Bass Road, N71 °06'00 "E, fora dislance of 220.44 feel to a point marked by a capped iron rod set being the intersection point of the westerly R,O.vJ. line of Chisholm Trail Road, wilh the southerly R.O.W. line of Sam Bass Road, same bung the norrheasterly corner of said 0.446 acre trot1 and the northeasterly comer hereof; Thence, with said westerly R.O.W. line of Chisholm Trail Road, S18°57 "6, for a distance of 33.44 feet to a point marked by a capped iron rod set, being the southeasterly corner hereof, and from which The soulheasle'ly corner of said 0.446 acre tool bears SI8 °57 4 1 1 '8 a distance of 54 78 feet Thence, departing said westerly R.O.W. line, through the Inferior of said 0446 acre tract the following 2 (two) courses and distances: 11 With a curve fo the left having a radius of 14.39 feet, o central angle of 90 °33'14 ". an arc length of 22.74 feel, and a chord which bears N63 °41'04 "W. for a dislance of 20 45 feet to a point marked by a copped iron rod set; 21 571 °35'33 "W, ter a dislance of 206.06 feet to a point marked by 0 capped iron, rod set in the easterly R,O.W of Galloping Road being the southwesterly corner'nereof; Thence, with said easterly R.O.W_ line of Galloping Road, 018°57'41 "W, fel a distance of 16.77 feet to the POINT 08 BEGINNING hereof_ and containing 0.092 acre of land. Surveyec rnder the direct supervision of the undersigned. Baker- Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, Texas 78664 (512) 244 -9620 Job Na 60 -!0 CJC /tlb c: \winword \cjc \0 - 0920c,doc ; • DESCRIPTION 2.:eci kson Chisholm Dote Regis d Professional Land Surveyor No. 4295 7-22- 47 4 '011 - 77 RECORDERS MEMORANDUM All or pans of the text on this page was not clearly legible for satisfactory recordation. N69 ° 00'23 "E 30.53' �IR 1• = 60' SKETCH TO ACCOMPANY DESCRIPTION FOR A a092 ACRE TRACT 00 LAND SITUATED IN THE JACOB M_ HARRELL 00172EY ABSTRACT NO 284, IN WILLIAMSON COUNTY. TE/A5, AND BEING A PORTION OF 4 0.446 ACRE T'R4CT OF LAND 00008/8ED BY INSTRUMENT RECORDED 00 VOLUME 426, PAGE 305, OF THE DEED RECORDS OF WILLIAMSON COUNTY. 7 SAM BASS ROAD As Prep C. Jacks 5hisholm, R.P.L,S. 44295 203 E. Mom St.. Ste 201 Round Rock, T% 78664 570 '3 71 °00 "E P.O.B. \IY 516 °57'4!"E ( o, 44' 07035 W 206_06_ �? vo 106 i — f j W C) ro. sos o. sc '1\ c'9B O7' 122.37' 8 571 °00'00 "W ^ I A 208.33') A kN6 ° 41'19 'E —IRF _ f (SU _ 57.92 i ( O WI LFONy in - , ( 1 0,54 AC. IRF G,( gj a1 vI � m1 I 80' Y4I" 33.44' Dote 97 R"ev. /a - 77 -- ; 9- 3 7 9 1' D - 6 4 N d0 4 "W CD z 26 = 2 0.45' 0 - o.45 LEGEND SET ▪ - IR. ROD FOUND " N 157) 508.5 3') • RECORD e • - POINT OF BEGINNING EXHIBIT 'A" DATE: JULY. 1997 JOB No. 601- 541 -10 roe: BASSJJ.DWG BY: MST 5\ Baker- Alcklen & Assoclatw, Inc. £nql es s / Surveyors THE STATE OF TEXAS COUNTY OF WILLIAMSON This is to certily that this document was FILED and RECORDED in the O6z0 Public Records al Williamson Evilly. Texas on the date and time stamped thereon. DocII 9749215 kt �� t Pages: 4 COUNTYCLERK Date : 10 -24 -1997 wuLlAAtsOtJ COl1Ntt, TEXAS Time : 02:00:34 P.M. Filed 8 Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 15.00 CHICAGO TITLE INSURANCE COMPANY 1601 Rio Grande, Suite 300, Austin, Texas 78701 (512) 480 -8353 November 5, 1997 City of Round Rock, Texas c/o Mr. Steve Sheets Sheets & Crossfiell, P.C. 309 E. Main Street Round Rock, TX 78664 RE: We are pleased to enclose your Owner's Policy of Title Insurance. This policy is good for as long as you own the property, and it need not be renewed. We have a complete title file on your property and would be glad to assist if you wish to sell, refinance or make improvements in the future. Thanks for your business! We are as close as your phone and would be happy to hear from you any time. Sincerely yours, Our GF 49702420 -DRK (DON STOOPS to CITY OF ROUND ROCK) Deedee Rainey King, Escrow Officer Denise Drexler, Escrow Assistant DRK /tm enc. 1115f;05 -1997 RCVD 1814C2 -VDSEN Authorized Si_y.tory Deanna Rainey Ring, Escrow Officer OWNER POLICY OF TITLE INSURANCE 44- 908 - 100 - 9702420 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Chicago Title Insurance Company, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against Toss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: L 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 a 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. In Witness Hereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. Issued by: CHICAGO TITLE INSURANCE COMPANY 1601 RIO GRANDE ST., STE. 300 AUSTIN, TEXAS 78701 PH. (512)480 -8353 CHICAGO TITLE INSURANCE COMPANY President. �wa,p G�.m�. Secretary. Reorder Form No. 8272 (Rev. 1/93) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any 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 police power not excluded by (a) above, except to the extent that a notice of the exercise 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. I. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured "; the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devices, survivors, personal representatives, next of kin, or corporate, partner- ship or fiduciary successors, and specifically, without limitation, the follow- ing: (i) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of the corporation upon partial or complete liquidation; (ii) the partnership successors in interest to a general or limited partnership which dissolves but does not terminate; (iii) the successors in interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partner- ship upon partial or complete liquidation; (iv) the successors in interest to a joint 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 (vi) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of the trust to the beneficiaries thereof. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge" or "known ": actual knowledge, not constructive knowl- edge 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 construc- tive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto that by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a 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. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge., With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" also shall EXCLUSIONS FROM COVERAGE 1 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date CONDITIONS AND STIPULATIONS of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) 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 described in Schedule A because of unmarkelability of the title. 5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either (i) the transaction creating the estate or interest of the insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend, (ii) the subordination or recharacterization of the estate or interest being insured by this Policy as a result of the application of the doctrine 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 file for record the instrument of transfer to the Insured after delivery or the failure of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "access legal right of access to the land and not the physical condition of access. The coverage provided as to access does not assure the adequacy of access for the use intended. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue 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 long 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 (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest that is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to 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 this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or statute. The Company shall notify the insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the insured of the reasons for its determination. If GF# 9702420 - Owner Policy No. 44 -908 -100- 9702420 Jacket No.: Effective Date of Policy: October 24, 1997 2:00 pm Amount of Insurance: $22,442.11 1. Name of Insured: CITY OF ROUND ROCK, TEXAS 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 vested in CITY OF ROUND ROCK, TEXAS SCHEDULE A 4. The land referred to in this policy is described as follows: 0.092 acre(s) of land out of the J.M. HARRELL LEAGUE AHSTRACT NO. 284 in Williamson County, Texas, being part of that property set out in Deed recorded in Volume 426, Page 305, Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. This policy valid only IT Schedule B le attached CHICAGO TITLE INSURANCE COMPANY GF# 9702420 - Owner Policy No. 44- 908 -100- 9702420 Jacket No.: 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. (Deleted) SCHEDULE B EXCEPTIONS FROM COVERAGE 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone including, but not limited to, persons, the public, 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. to 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 1998 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 (The Company must insert matters or delete this exception.), 7. Rights of parties in possession. 8. Visible and apparent easements and /or rights -of -way on or over the subject property which may not appear of record. 9. Right of entry and possession granted to the CITY OF ROUND ROCK dated July 30, 1997, and recorded under Document No. 9734447 in the Official Records of Williamson County, Texas. CHICAGO TITLE INSURANCE COMPANY EXHIBIT "A" DESCRIPTION FOR A 0.092 ACRE TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, LOCATED IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A 0.446 ACRE TRACT OF LAND DESCRIBED IN VOLUME 426, PAGE 305 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.092 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a point marked by an iron rod found in the southerly right -of -way (R.O.W.) line of Sam Bass Road )R.O.W. varies), also being the easterly R.O.W. line of Galloping Road (30' R.O.W. width), same being the northwesterly corner of said 0.446 acre tract of land, the northwesterly corner and POINT OF BEGINNING hereof; Thence, with said R.O.W. line of Sam Bass Road, N71 °00'00 "E, for a distance of 220.44 feet to a point marked by a capped iron rod set being the intersection point of the westerly R.O.W. line of Chisholm Trail Road, with the southerly R.O.W. line of Sam Bass Road, same being the northeasterly corner of said 0.446 acre tract and the northeasterly corner hereof; Thence, with said westerly R.O.W. line of Chisholm Trail Road, S18 °57'41 "E, for a distance of 33.44 feel to a point marked by a capped iron rod set, being the southeasterly corner hereof, and from which the southeasterly corner of said 0.446 acre tract bears S18 °57'41 "E, a distance of 54.78 feel; Thence, departing said westerly R.O.W. line. through the interior of said 0.446 acre tract the following 2 (two) courses and distances: 1) With a curve to the left having a radius of 14.39 feet, a central angle of 90°33'14", an arc length of 22.74 feet, and a chord which bears N63 °41'04 "W, for a distance of 20.45 feet to a point marked by a capped iron rod set; 2) S71 °35'33 "W, for a distance of 206.06 feet to a point marked by a capped iron rod set in the easterly R.O.W. of Galloping Road being the southwesterly corner hereof; Thence, with said easterly R.O.W. line of Galloping Road, N18 °57'41 "W, for a distance of 16.77 feet to the POINT OF BEGINNING hereof, and containing 0.092 acre of land. rveyed under the direct supervision of t undersigned. ecil Jackson Chisholm Date egistered Professional Land Surveyor No. 4295 Baker - Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, Texas 78664 (512) 244 -9620 Job No. 601 - 541 -10 CJC /tlb c: \winword \cjc \0- 092ac.doc 7 " /477 the Company concludes that the lien, encumbrance, adverse claim 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; (ii) indemnify the insured as provided in this policy; (iii) 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 title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, if a mortgagee policy. the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien. encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance. adverse claim or defect; or (vi) undertake a combination of (1) through (v) herein. 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company. at its own cost and without unreasonable delay. shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against this policy. The Company .shall have the right lo. select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured. or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder. and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy. the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgement or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured. at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or pro- ceeding or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be fumished to the Company within 91 days after the insured claimant shall ascertain the facts giving rise to the Toss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring 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 memo- randa, whether bearing 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 permis- sion, in writing, 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 judgement of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under This policy. the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or 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 authorized by the Company, up to the time of payment or lender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option. all liability and obligations to the insured under this policy. other Than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other panics for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payrnent and which the Company is obligated to pay; or (ii) 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 authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), 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, pros- ecute, or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability ante Company under this policy shall not exceed the least of: (1) the Amount of Insurance stated in Schedule A; or (11) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy at the date the insured Claimant is required to furnish to Company a proof of loss or damage in accordance 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 of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated 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 at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attomeys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured 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 removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, all is insured, or takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that 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 court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attor- neys' fees and expenses, shall reduce the amount of the insurance pro tanto. 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 insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed or taken subject, or which is hereafter executed by an insured and which is a charge or 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 endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with 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 right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies that the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right 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 litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant. the Company shall he subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy. but the Company, in that event, shall be required to pay only that part of any losses insured against 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 right of subrogation. (b) The Company's Rights Against Non - Insured Obligors. The Company's right of subrogation against non - insured 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 this 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 Arbitration Rules or 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, arty service of the Company in connection with the issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the Insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbi- trable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15.LIABILITY LIMITED TO THIS POLICY: 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 arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made excepl by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized 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 full force and effect. 17. NOTICES, WHERE SENT All notices 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 Chicago Title Insurance Company. Claims Department, 171 North Clark, Chicago. Illinois 60601. 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. If the problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 78714 -9091, Fax No. (512) 475 -1771. This notice of complaint procedure is for information only and does not become a part or condition of this policy. FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1- 800 - 442 -4303 CHICAGO TITLE INSURANCE COMPANY 231 E. Main, #203, Round Rock, Texas 78664 (512) 244 -9418 October 15, 1997 City of Round Rock 221 E. Main Street Round Rock, Texas 78664 RE: GF# 009702420 - DRK BUYER: City of Round Rock OWNER: Don Stoops PROPERTY: Sam Bass & Chisholm Trail, Round Rock, Texas Enclosed please find a copy of our Commitment for Title Insurance for the above referenced transaction. Copies of Schedule B exceptions, if any, are also enclosed. Should you have any questions, please do not hesitate to contact us. Best Regards, laactAt- Deedee King, Escrow Officer Denise Drexler, Escrow Assistant DRK /tg Enclosures cc: Steve Sheets Don Stoops STATE OF TEAS COUNTY OF WILLIAMSON MINT OF ENTRY DOOM 9734447 WHEREAS, DON J.STOOPS of Williamson County, Texas, ie the owner, hereinafter referred to as GRANTOR, of a c ertain tract or parcel of land, hereinafter referred to as the PARCEL, which is more fully described below; and, WHEREAS, the CITY OF ROUND ROCK, TEXAS, hereinafter referred to as the CITY, is going to acquire fee simple title and /or certain interests in said PARCEL for the purpose of constructing a right -turn lane and appurtenances thereto; and WHEREAS, the CITY must have possession of said PARCEL for the purpose of beginning construction of said right -turn lane; NOW, THEREFORE, MOW ALL MEN BY THESE PRESENTS, that GRANTOR for and in consideration of the sum of ONE AND NO /100 DOLLARS ($1.00) and other good and valuable consideration to them in hand paid by the CITY, the receipt and sufficiency of which is hereby acknowledged and confessed, has Granted, Bargained, Sold and Conveyed and by these presents does Grant, Bargain, Sell and Convey unto the CITY the right of entry upon, the right to remove improvements, if any, with which the land is encumbered and exclusive possession of the certain tract or parcel of land referred to herein as the PARCEL and described in Exhibit •A', attached hereto and incorporated herein far any and all purposes, for the purposes of constructing a right -tun: lane and appurtenances thereto. This grant of right of entry and possession is conditioned strictly upon the following: 1. The grant herein made shall not prejudice, in any way, GRANTOR'S rights to receive full and just compensation for the interest to be acquired by the CITY in the herein described land, encumbered with the improvements thereon, if any, save and except all oil, gas and sulphur as above provided, and damages, if any, to the remainder of GRANTOR'S lands. 2. The CITY agrees to acquire the PARCEL in a good faith and timely manner. 3. This right of entry and possession shall extend to the CITY, its contractors, assions and /or o ere of any utility involved o in the construction project for the additional purposes of locating utility lines, relocating existing utility lines, replacing, repairing, making improvements to and /or maintaining the existing utility lines that lie within the PARCEL. Said utility lines include, but are not limited to, those owned by the City of Round Rock, Southwestern Hell Telephone Company, Lone Star Gas, and Texas Utilities, Inc. MASON X 4 4. GRANTOR herein warrants that no person or corporation owns an interest in the fee title of the herein described premises other than GRANTOR herein. TO HAVE AND TO HOLD the possession of the herein described PARCEL for the purposes and subject to the lim ) 5.ations above described. Executed this the �! cA day of - , 1997. ACCEP — ED AND AGREED TO by the CITY OF ROUND ROCK, TEXAS this 343-' day of , 1997. �/ CITY OF ROUND ROCK, TEXAS STATE OF TEXAS COUNTY OF . ✓,'L1,�ctm,I.r This instrument was acknowledged before me on the ;s ue- day of by DON J. STOOPS. (11 Notary Public, State of Texas STATE OF TEXAS COUNTY OF WILLI0MSON This instrument was acknowledged before me on the .20-4. day of , 1997, by CHARLES CULPEPPER, Mayor of CITY OF ROUND ROCK, TQiASf a Texas home -rule corporation, on behalf of said corporation. AFTER RECORDING, RETURN T0: Stephan L. Sheets BROWN McCARROLL SHEETS & CROSSFIELD, L.L.P, 309 East Main Street Round Rock, Texas 78664 By /. DON J. ST PS,Cranbor harlea Culpeper, Mayor 1 gm, i ' / 447X , Notary Pub1i'c, State of Texas DESCRIPTION FOR A 0.092 ACRE 7 ; 'ACT OF LAND 51TUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT Na 284. LOCATED IN WILLIAMSON = OUNTY, TEXAS. AND BEING A PORTION OF A 0.446 ACRE TRACT OF LAND DESCRIBED IN VOLUME 305. PAGE 306 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.092 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING ono point marked by on iron rod louno in'he Southerly right -of -way )0.O.W,I 'Ina of Sam Bass Road ;R.0.w. variesl, also being the eoslerly R.O.W. line of Galloping Road (30' R.O.w. width), same being the northwesterly corner Of said 0.446 care tract of land, the northwesterly corner and POINT OF BEGINNING here0l: Thence, 0 0 1 0 : 0 1 0 0 .O W, line of Sam Boss Road. N71 "E, for a distance of 220.44 feel to a Point marked by a copped iron rod set being the intersection point of the westerly 0.0.W, line of Chisholm trail Road. with the southerly R.O.W. line of Sam Bass Road. some being the northeasterly corner Of said 0.446 acre Iraq and the northeasterly corner hereof: Thence, with sold westerly R.O.W. line of Chisholm Trail Road. 518 °57'41 "E. for o distance of 33,44 feet to a point marked by a copped iron rod sal, being Ina southeasterly corner hereof, ono from which the southeasterly corner of solo 0.446 acre tract bears 518 °57'41 "E, o distance of 54.78 lee!: Thence. departing said westerly 0.0.W. line.'hrough the ,ntericr of said 0.446 acre fact the following 2 (two/ course; and distances: 1) With c curve Io the fell having a radius of 14.39 f ens. a Centro! angle of 90°33' 14 ", an arc length of 22.74 feel, and a chord which bears N63° '04 "W. torn distance of 20.45 feet too point marked by a capped iron rod set: 2) 571°35'33 "W, !or a distance of 206.06 peel toe point marked by a caroled iron roc set in the easterly 0,0.W. of Galloping Rood being the southwesterly corner hereof: Thence, with said easteriy R,O.w, line of Galloping Rocd, 518°57'41 "1v, for o disfonce of 16.77 feet to the POINT OF BEGINNING hereof, and containing 0.092 acre of land. Surveyed untl. 'he direct supehe undersicne. - r Cecil Jac rj� hisholm Dale Registere essional Land Surveyor No. 4295 Baker- Aicklen & AsSOCiales. Inc. 203 East Main Street. Suite 201 Round Rock, Texas 78664 (512) 244 -9620 lob No. 601 - 54110 CJC /ed c.\winwo'c\c;c EXHIBIT 7.22 -97 F A10115071 ocL 770 An 17.2 N69•00'23'E P O.B. 30.15\ R f5 )1•Wl A Nrroo'O0'E IRS ... SKETCH TO ACCOMPANY DESCRIPTION FORA 0 ORE ACRE TRACT OF LANG SITUATED IN THE JACOB M HARRELL SURVEY ABSTRACT NO 204, IN WILLIAMSON COUNTY, TEXAS. ARO BEING A PORTION OF A 0.446 ACRE 76187 OF LANO DESCRIBED SY INSTRUmENT RECORDED IN VOLUME 305, PAGE 306. OF THE 0E80 RECORDS OF WILLIAMSON COUNTY, TEXAS, LOT 7 571 I 6 0" 02 93� S7,15'!5 \ Pf ❑ L� •• " �af m 98 O ] .A S7,30'00, = °?119'E (5TR50'00.0 7, 20633') r_5,92' II h \� G 1 n.L . 3 a `o: C J .t . II ' ";,'Z'''.", a., < .c - J , 0 CAF 722 I I LOT LEGEND Is +r00'OO'v 208.11'1 • w.f., IOW ar BMX.. Baker- AIekten & A1eeeletes, Oro. a.em..+. / S6...T.n 0 DOCK 9734447 Date 07 -31 -1997 Ti : 03!44:13 P.M. Filed 8 Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Roc. S 15.00 10 -Gff 9701116 -P1W DateeN Gran 15, 1997 GENERAL WARRANTY DEED -- PAGE 1 GENERAL WARRANTY DEED DOCK 972131 GLENN NOBLE, as Independent Executor of MBa �th e Estate of JOHN WESTLEY ROLLIN Grantor's Nailing Address (including county): Rnesd Rnrk. 41114mmnnn rannte,avea 75666 Grantee, DON J. STOOPS Grantee's Nailing Address (including county): Geor¢eoown, Williamson County Texes 78428 Consideration: TEN AND NO /100 DOLLARS and other good and valuable consideration. Property (including any improvements): 0.50 ACRE(S) OF LAND OUT OF THE J.M. HARRELL LEAGUE ABSTRACT NO. 264 IN WILLIAMSON CO'JN:., TEXAS, BEING THAT SAME PROPERTY SET OUT IN DEED RECORDED IN VOLUME 426, PAGE 305, DEED RECORDS OF WILLTAMSO72 COUNTY, TEXAS. Reservations From end Exceptions to Conveyance and Warranty: Any easements and rights -of -way, shown of record; all presently recorded restrictions, reservations, covenants, limitations, conditions, and oil and gas leases, mineral severances, and other instruments other than liens and conveyances, that affect the property: conflicts, or shortages in area or boundary lines, any encroachments, or overlapping improvements; all rights, obligations and other matters emanating from and existing by reason of the creation, establishment, maintenance and operation of any applicable governmental district, agency, authority, etc; taxes for 1997 and all subsequent years, the payment of which Grantee assumes. 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 aingular 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 10 nekvisv 20119 Carmel 68Y OFFICIAL RECORDS VALLIAMSON CDUIRY, TEXAS 'vary peca=n WhowScevar lawfully claiming or to claim the llama or any part thereof, 1. c.pt as to the risa:t at /one from and exceptions to conveyance and warranty. When the context ravine, singular nouns and pronouns include the plural. 1y 1ti ? 1A6 n NE0' Y7 '1N STAMM OF T'SIAS corny 07 WILLIAMSON 1 Maid inatramont wag acknowledged before me on May J_, 1997, by O1,1M! NORLE, Independent Executor of the Estate of NSSTLEY ROLLIN, on behalf of said the Estate of JOAN NESTLE? ROLLIN. AFTER RECORDING RETURN TO XCo ®ercial Title of Austin 231 E. Maio Street, Suite 203 Round Rock, T.ccc 78664 RECORDERS MSMORADIDliM •,w.:s:..v All or pease[ the tante din peke wee sot doodY rdhb fts 6eddenco mean Oon. MOM san'''er rase -- mm 2 ACIDIOWLIDOBEllere Notary Public, State 02 Texas PATSY M. OECKE;', 1 PAT M Notary P0010 STATE OF TEXAS MY Comm. FOP. 1006.07 D00 19721517 e Pages: E Dote : 03 -15 -1997 Tiw : 03:09:71 P.X. Filed 8 Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. s 11.00 426 > (�. eor3efown '.l iEle L.ompan to C...... Mom. Ca - V . O L4 2& th...,n. for fhe pvipes.e and cnn.der•eon therein expresse d y of. ove.b.r Fried for Record on the / D d,y of '77 c.... Duly Roeorde.. thh the I day of %J sw. A.o.,v,B,,rP:adodork4, M. DICK CEc'':E` = \A, County Clerk Doc.. . 'ME STATE OF TEXAS. C ui WI1.LIAN iON V01.1-63 _ - p .3 o 5 J. A. I, 'J i11/Stewart, a widower K- low All Men By These Presents: 4097 •.t .b. Co„n,•: or W111 on .sum of Texas lot and in mlvBlmtion of 'ire sum of ONE. ^iiOUSAND FIX !RR10RM (31,600.00) Do me m lundp.dby•John Rollin and wife Nary Rollin, the -+ . receipt of which is hereby acknowledged and confessed, nave Granted, Sold and Convey... and by these preseota do Cram, Sell and Convey unto the , :al John Rollin and Mary Rollin a S of the County of W111 on . Stmt of Texas as that certain lot tract, or parcel of land situated, lying 'end being in the County, of Williamson State of Texas, and more particular.ly.desoribed as • - follows Bing 1/2 acre of land out of the J. M. Harrell League Abstract No. 2 Williamson County, Texas, and more particularly described le follows; ,1 BEGINNING at a.atake known as the Thos Male S/ corner; THENCE N 19 W 28 wares to a atake_.for corner_ - thiarbeing the :.' , i� corner of the Georgetown and Liberty Hill road; THENCE S 71 75 verse to another stake for corner; TRENCE S 19 E 28 wares to the said Sale's H. W. corner and the SW corner of this lnt; THENCE N -71 .J with the line of the amid Sale lot 75 *eras to the paloe of beginning containin • one ha1C sere of land more or -lees, and,.? being the same land conveyed by J. E. by et cc to Will J. Stevart S]8 bead Record of Wife msoon Chat and � Vol• �l page �, C, at TO HAVE AND TO HOLD The . .Dow" t- . . appurtenances tbeteto In anywile belonging tmto thi'-aJd'7? John Rollin end vile Mari Rollin, their heirs and ...signs forever; and 1 do hereby bind gaelf g� November . witness at Request of Cranlor: 11IF 5T4'fE OF TE\AS.f burs, esecuton oriel administrators, to Uazaant and Forever Defend all mad Angola,' she john Rollin and Mary Rollin, their o goo. against every person whomsoever lawfully claiming, dr m claim the _aimb,: Ye.,.� to mr to Ix ti person . .I...r name 13 ....iubo,tbol to the foreaolne Instrument, and erk.owkdgS tto a anutn »m tum d m rynae t the e let the or. an ,nhlerattun therein eed. :\ - EINIt'NDER]I1' HAND Axil 5E3 t. OF OFFICE. rm..6t1L _der of frQY9IDbsr.__.. A.D: N.ury Pohlk..W1111Aa{afyl......... Yf Eommhaloo Repine wow; uncianenivnisf. THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A. AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. Issued by: CHICAGO TITLE INSURANCE COMPANY 1601 RIO GRANDE, STE. 300 AUSTIN, TEXAS 78701 PH. (512) 480 -8353 Authorized Signatory COMMITMENT FOR TITLE INSURANCE ISSUED BY CHICAGO TITLE INSURANCE COMPANY We. Chicago Title Insurance Company, will issue our I tle insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. "there may he additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault_ Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. CHICAGO TITLE INSURANCE COMPANY By: �1 President Reorder Form No. 8287 (Rev 1/93) TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de tftulo le asegura en relation a perdidas resultantes de ciertos riesgos que pueden afectar el tftulo de su propiedad. El Compromiso para Seguro de Titulo es la promesa de la compaffa aseguradora de tftulos de emitir la poliza de seguro de tftulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transaction. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company Will refuse to cover them. You may want to discuss any matters shown in schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule 13 or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule 13 of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the State Board of Insurance by calling Chicago Title Insurance Company at 1- 800 -442 -4303 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1 -800- 252 -3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: GF# 9702420 - Commitment No.44- 908 -80- 9702420 SCHEDULE A Commitment Effective Date: September 30, 1997 Issued October 15, 1997 8:00 AM 1. The policy or policies to be issued are: (a) Form T -1: OWNER POLICY OF TITLE INSURANCE (Not applicable for improved one -to -four family residential real estate) Policy Amount: $22,442.11 Proposed Insured: CITY OF ROUND ROCK (b) Form T -1R: TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES Policy Amount: Proposed Insured: (c) Form T -2: MORTGAGEE POLICY OF TITLE INSURANCE Policy Amount: $0.00 Proposed Insured: Proposed Borrower: (d) Form T -13: MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN Binder Amount: Proposed Insured: Proposed Borrower: (e) OTHER: Policy Amount: Proposed Insured: 2. The interest in the land covered by this Commitment is: FEE SIMPLE 3. Record title to the land on the Effective Date appears to be vested in: DON J. STOOPS 4. Legal description of land: SEE ATTACHED DESCRIPTION CHICAGO TITLE INSURANCE COMPANY GF4 9702420 Commitment No.44- 908 -80- 9702420 Page 1 DESCRIPTION 0.092 acre(s) of land out of the J.M. HARRELL LEAGUE ABSTRACT NO. 284 in Williamson County, Texas, being part of that property set out in Deed recorded in Volume 426, Page 305, Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. U0I JO F81 IL '.SO (40 bolo0005IIIL IIILt KY, FOR A 31992 ACRE TRACY OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, 08916001 NO. 28e LOCATED IN WILLIAMSON, C 010, TEXAS AND BEING A PORTION OF A 0.446 ACRE TRACT OF LAND DESCRIBED IN VOLUML�6S' : PAGE 301OF THE DEED RECORDS OF WILLIAMSON 0000110. 1' -005. SAID 0.092 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. iLf BEGINNING on a coin' marked by co iron rod found in Iha souther/4 right- of.way (R.O.W,) Tine of Sam Bass Road IR 0.04 varies). also being the easterly R.O.W. line of Gal'0ping Road 130' R 04 idlh s a ma being the northwesterly corner of said 0.446 acre Irac! of land, the northwesterly corner and POiN10 BEGINNING hereof: thence with said P.O w. line of Sam Bass Rood. 1171 °00'00 "E, for a distance of 220.44 feet to a peir.t marked by a capped iron rod set being the Intersection point of the westerly 8,0.W. Vine of Cnisholrn Trod Road, Witt, the southerly 8_0.W. line of Sam Boss Road, same being the northeasterly corner of said 0.446 acre boot and the norlheasterly corner hereof; Thence, :nth sad westerly R.O,W line of Chisholm Trail Rood, SIP/57'41 "E. fora dislunce of 33 44 feet to a point mark,: by o cooped iron rod set. being the soulheaslerly corner hereof. and from which the soulhoostely corner o' said 0.446 acre tracl bears 518°57'41 "e a distance of 54.78 loci, thence, oepa l'inc 10d w'P ^terly R.O.W. Fre, Ihrough the inferior of said 0.446 acre boot the lalowl00 2 11nro) courses and distances: I) , A L,11 01 curve to the elf haying a radius of le 39 feel, a central angle of 90 on eoz length of 22.74 Met, and e chord which bears N63°41'04 "W. fora distance of 20,45 feel to a point marked by a capped Iron rod set; 2) 571°35'33 "W. Ion o distance of 206.06 net to a point marked by a copped iron rod set In the eoslerly P. 0. W of Galloping Road being the soulhwerlerly corner hereof; Thence. with said eoslerly R.O.W. Imo of Ga'loping Rood, N18°57'41 "W, fora distance of 16.27 feel to IITe PONT OF BEGINNING hereof- and containing 0.052 acre o1 fond. 'rs unnd the direct supervision of the dcrsigned, &ze ' .. Cell Jack • .hi;holnt Dole Reaislere.' `ess lord Su'ceyor No. 4295 Bakor- AickIen ft Associates, Inc 203 East Mein Siren!, Sc i lc 201 Round Rock, Texas 76664 15121244 -9620 Joh No. 601 - 541.10 CJC /ed c \w7nwold \dc t y4r ss1P; n,l DESCRIPTION 1010 I(2. DILCV4tl41n 7.22 - 97 GF# 9702420 - Commitment No.44- 908 -80- 9702420 n 1. (Deleted) SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: • 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements. • 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, 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. to 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 rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) a 5. Standby fees, taxes and assessments by any taxing authority for the year 1997 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. O 6. The terms and conditions of the documents creating your interest in the land. • 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before binder is issued.) o 8. Liens and Ieases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy only.) ✓ 9. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): CHICAGO TITLE INSURANCE COMPANY GF# 9702420 Commitment No. 44- 908 -80- 9702420 Page 1 SCHEDULE B (continued) AI 10. Rights of parties in possession. (Owner's Title Policy only) nJ 11. Visible and apparent easements and /or rights -of -way on or over the subject property which may not appear of record. (Owner's Title Policy only) AR 12. Right of entry and possession granted to the CITY OF ROUND ROCK dated July 30, 1997 and recorded under Document No. 9734447, Official Records of Williamson County, Texas. CHICAGO TITLE INSURANCE COMPANY GF# 9702420 - Commitment No.44- 908 -80- 9702420 SCHEDULE C Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule 8 of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgagee policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. as 3. You must pay the seller or borrower the agreed amount for your property or interest. As 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5 NOTE TO ALL BUYERS, SELLERS, BORROWERS, LENDERS AND ALL PARTIES HAVING A VESTED INTEREST IN THE TRANSACTION COVERED BY THIS COMMITMENT. The following constitutes a major change in the procedures and requirements for disbursement of funds by Chicago Title Insurance Company pursuant to this transaction: The State Board of Insurance has adopted Procedural Rule P -27 which will require that "Good Funds" be received and deposited before Chicago Title Insurance Company may disburse from its Escrow Account. "Good Funds" is defined as 1. Cash or wire transfers; 2. Certified checks, cashier's checks and teller's checks, as further described in definition "g" of this rule; 3. Uncertified funds in amounts less than $1,500.00, including checks, traveler's checks, money orders and negotiable orders of withdrawal, provided multiple items shall not be used to avoid the $1,500.00 limitation; 4. Uncertified funds in amounts of $1,500.00 or more, drafts and any other items when collected by the financial institution; 5. State of Texas Warrants; 6. United States Treasury Checks; 7. Checks drawn on a bank or savings and loan association insured by the CHICAGO TITLE INSURANCE COMPANY GF# 9702420 Commitment No.44- 908 -80- 9702420 Page 1 SCHEDULE C (continued) FDIC or FSLIC and for which a transaction code has been issued pursuant to, and in compliance with, a fully executed immediately available funds procedure agreement ( form T -37 ) with such bank or savings and loan association; 8. Checks by city and county governments in the State of Texas. AO 6. Except in an exempt transaction, the Company must be furnished with seller's social security number or tax identification number and all other information necessary to complete IRS Form 1099B. as 7. We must be furnished with a properly executed Affidavit of Debts and Liens from the OWNER(S). AQ 8. THIS FILE MUST BE UPDATED PRIOR TO CLOSING. CHICAGO TITLE INSURANCE COMPANY GF# 9702420-RR Commitment No.44- 908 -80- 9702420 Owner Policy Mortgagee Policy Endorsement Charges Total SCHEDULE D 1. Disclosure of CHICAGO TITLE INSURANCE COMPANY, a Missouri Corporation a. The following is a listing of each shareholder owning or controlling, directly or indirectly, ten percent (10 %), or more of the shares of CHICAGO TITLE INSURANCE COMPANY: CHICAGO TITLE AND TRUST COMPANY, an Illinois Corporation b. The directors of CHICAGO TITLE INSURANCE COMPANY MR. ALVIN G. BEHNKE, President, First Interstate Mortgage Co. of Illinois, Chicago, IL MR. JOHN J. BURNS, Jr., President, Allegheny Corporation, New York, NY MR. PETER H. DAILEY, Dailey Group International, Reno, NV MR. ALAN P. KIRBY, President, Liberty Square, Inc., Mendham, NJ MR. ANTHONY B. KUKLIN, Paul, Weiss, Rifkind, Wharton, & Garrison, New York, NY MS. M. LEANNE LACHMAN, Managing Director Schroder Real EstateAssociates, New York, NY MR. DANA G. LEAVITT, President, Leavitt Management Company, San Francisco, CA MR. LAWRENCE F. LEVY, Chairman of the Board, Levy Organization, Chicago, IL MR. EARL L. NEAL, Earl Neal & Associates, Chicago, IL MR. RICHARD L. POLLAY, Pres. and Chief Operating Officer, Chicago Title Ins. Co., Chicago, IL MR. WALTER D. SCOTT, Kellog School of Management at Northwestern University, Northfield, Chicago, IL MR. RICHARD P. TOFT, Chairman and CEO, Chicago Title Insurance Co. and President, Chicago Title and Trust Company, Chicago, IL c. The names of the Chairman and Chief Executive Officer RICHARD P. TOFT President and Chief Operating Officer: RICHARD L. POLLAY Secretary: THOMAS J. ADAMS Treasurer: GILBERT J. TOURETZ A 2. "You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement." You are further advised that the estimated title premium* is: $381.00 $ $381.00 Of this total amount: 19% will be paid to the policy issuing Title Insurance Company; 81% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: AMOUNT TO WHOM FOR SERVICES *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance." CHICAGO 'ITILE INSURANCE COMPANY • GF No. 9702420- DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner Policy) ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to reouire arbitration if the amount of insurance is $1,000,000 or less. If you want to retain your right to sue the company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The Arbitration provision in the Policy is as follows: "Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the Insured may be deemed 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, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request." I request deletion of the Arbitration provision. Date Date - Request amendment of the "area and boundary" exception (Schedule B. paragraph 2). To get this amendment, you must furnish a survey. On the Owner Policy, you must pay an additional premium for the amendment_ If the survey is acceptable to the Company, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. -Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or casement holders who occupy the land. The Company may charge you for the inspection. if you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. if you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us. or we learn of such matter, we may amend Schedule B, but we will riot he relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to he issued_ Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. 0 0 0 0 0 0 IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL -FREE TELEPHONE NUMBER 1- 800 - 442 -4303 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1- 800 - 252 -3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 AVISO IMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS 1 -800- 442 -4303 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1 -800- 252 -3439 para obtener informacion sobre: I. como someter una queja en contra de una companfa de seguros o agente de seguros, 2. si una companfa de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compafifa de seguros o agente de seguros, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a [raves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714 -9104 FAX NO. (512) 475 -1771 R:\ WPOOCS \RBSOLOTI \RS110090.WPO /SCg RESOLUTION NO. R- 97- 10- 09 -10D WHEREAS, the City desires to purchase a portion of land to construct a right turn lane at the southwest corner of Sam Bass Road and Chisholm Trail, and WHEREAS, negotiations with the owner of a portion of land located at the southwest corner of Sam Bass Road and Chisholm Trail have resulted in a Real Estate Contract whereby the owner has agreed to sell said portion of land to the City, and WHEREAS, the Council wishes to approve said Real Estate Contract, 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 Contract with the owner of a portion of land located at the southwest corner of Sam Bass Road and Chisholm Trail for the construction of a right turn lane, a copy of said Real Estate Contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. ATTEST: RESOLVED this 9th day of October, 1997. NE LAND, City Secretary =\ WPOOCS \RSSOLVPL \RS71009D.MPO /SC9 2 (,/ 4 , CHARLES CT.J E rPER, Mayor City of Round Rock, Texas State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ( "Contract ") is made by and between DON J. STOOPS of 30118 Carmel Bay, Georgetown, 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. ARTICLE I PURCHASE AND SALE By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to pay for, the tract of land containing approximately 0.092 acres of land situated in Williamson County, Texas, being more particularly described in Exhibit "A" attached to and incorporated in this Contract by reference for all purposes, 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. 2.01. The purchase price for the Property shall be the sum of Twenty -two thousand four hundred forty -two and 11 /100 Dollars ($22,442.11.) 2.02. The Purchase Price shall be paid in cash at the closing. \wrnas\Ac:TT\STOOPS\P ww.wpnf, s ARTICLE II PURCHASE PRICE Amount of Purchase Price Payment of Purchase Price ARTICLE III PURCHASER'S OBLIGATIONS Conditions to Purchaser's Obligations 3.01. The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions (any of which may be waived in whole or in part by Purchaser at or prior to the closing). Preliminary Title Commitment 3.02. Within fifteen (15) days after the date hereof, Seller, at Seller'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 binder 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 agreement 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. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this agreement to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV CLOSING The closing shall be held at the office of Commercial Title of Austin, 231 E. Main St., Round Rock, Texas, on or before Octoberaf, 1997, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). 2 Seller's Obligations 4.01. At the closing Seller shall: (a) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (I) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof; and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Commercial Title of Austin, 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 above, 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. © Deliver to Purchaser possession of the property. Purchaser's Obligations 4.02 At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 4.03 General real estate taxes for the then current year relating to the Property, shall be prorated as of the closing date 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 date shall be paid by Seller. 3 Closing Costs 4.04 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 Seller; Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REAL ESTATE COMMISSIONS It is understood and agreed that no brokers are involved in the negotiation and consummation of this Contract. All real estate commissions occasioned by the consummation of this Contract shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. Each of the parties represents to the other that it has not incurred and will not incur any liability for brokerage fees or agent's commissions in connection with this agreement other than the liability of Seller as set forth in this paragraph. ARTICLE VI ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this agreement, Purchaser has delivered to Commercial Title 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 agreement as provided in Article VIII 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 VII 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 agreement; (2) request 4 that the Escrow Deposit shall be forthwith returned by the title company to Purchaser; or (3) bring suit for damages against Seller. ARTICLE VIII 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 (1) bring suit for damages against Purchaser; or (2) 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 agreement, 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. ARTICLE IX MISCELLANEOUS Assignment of Contract 9.01. (a) This contract may not be assigned without the express written consent of Seller. Survival of Covenants (b) 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. 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. Texas Law to Apply (d) 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. 5 Parties Bound (e) 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. Legal Construction (f) 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. Prior Agreements Superseded (J) 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. Time of Essence (h) Time is of the essence in this contract. Gender (I) 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. Memorandum of Contract (j) Upon request of either party, both parties shall promptly execute a memorandum of this agreement suitable for filing of record. th Cc-1066,e, Dated this '1 day of .g..ffh16 1997. 6 SELLER Don J. Stoops 30118 Carmel Bay Georgetown, Texas 78628 PURCHASER City f Round Rock, Texas B y : �L i ; Charles �ulepper, 7 221 E. Main Street Round Rock, Texas 78664 Mayor DESCRIPTION FOR A 0.092 ACRE TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, LOCATED IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A 0.446 ACRE TRACT OF LAND DESCRIBED IN VOLUME 305, PAGE 306 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.092 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a point marked by an iron rod found in the southerly right -of -way (R.O.W.) line of Sam Bass Rood (R.O.W. varies), also being the easterly R.O.W. line of Galloping Road (30' R.O.W. width), same being the northwesterly corner of said 0.446 acre tract of land, the northwesterly corner and POINT OF BEGINNING hereof; Thence, with said R.O.W. line of Sam Bass Road, N71 °00'00 "E, for a distance of 220.44 feet to a point marked by a capped iron rod set being the intersection point of the westerly R.O.W. line of Chisholm Trail Road, with the southerly R.O.W. line of Sam Bass Road, same being the northeasterly corner of said 0.446 acre tract and the northeasterly corner hereof; Thence, with said westerly R_O, W. line of Chisholm Trail Road, 518'57'41"E. for a distance of 33.44 feet to a point marked by a capped iron rod set, being the southeasterly corner hereof, and from which the southeasterly corner of said 0.446 acre tract bears S18 °57'41 "E, a distance of 54.78 feet; Thence, departing said westerly R.O.W. line, through the interior of said 0.446 acre tract the following 2 (two) courses and distances: 1) With a curve to the left having a radius of 14.39 feet, a central angle of 90°33'14'', an arc length of 22.74 feet, and a chord which bears N63 °41'04 "W, for a distance of 20.45 feet to a point marked by a capped iron rod set; 2) 571 °35'33 "W, for a distance of 206.06 feet fo a point marked by a capped iron rod set in the easterly R.O.W. of Galloping Road being the southwesterly corner hereof; Thence, with said easterly R.O.W. line of Galloping Road, N18 °57'41 "W, for a distance of 16.77 feet to the POINT OF BEGINNING hereof, and containing 0.092 acre of land. Surveyed and the direct supervision of the dersigned. ft F. ANDEFNiUN VOL. 790 0 IQ N69 30.53' IRF /Rs SKETCH TO ACCOMPANY DESCRIPTION FOR A 0.092 ACRE TRACT OF LAND SITUATED IN THE JACOB M. HARRELL SURVEY ABSTRACT NO 284, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A 0.446 ACRE TRACT OF LAND DESCRIBED 8Y INSTRUMENT RECORDED IN VOLUME 305, PAGE 306, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAM BASS ROAD (ROM. VARIES 1 ' 00 08. S7I°35'33'W 0 NI8°57'414 \ 16.77' 6 v VOL. 426, P6. S -) ■. 1-. %. 300, (1/2 AC.) IRF r.1 E i , 98 07' 1 122.37' S71 (571 1 20833') \ i LOT 3 S71°35'334 N7I 0 I G 41 0 E SUELLA SPECHT RICHARD CEPEDA VOL. 2731 PG. 014 A 0.208 AC. SUBDIVISION CAB L SI_ '3E0 BO' (2Q8.33') SI8 2z0_44' 00 33.44' EDWARD A. WILLIFORD III 13) I ;YNTI-11A D. WILLIFORD I VOL. 805 PG. 325 0 #.320 AC IRF Cn 1 05 N cr, n, N65 E _ 57.92 v2 - 631 1 N> r- 03 1" = 80' 1 P.OUND ROCK CENTER WEST CA3 E LOT L = 22.71' R =14.39 O = 90°33'11" CB = N634/ 04"W CD = 20.45' DATE: October 9, 1997 SUBJECT: City Council Meeting, October 1, 1997 ITEM: 10D. Consider a resolution authorizing the Mayor to execute the necessary documents for the purchase of road right -of -way at the southwest corner of Sam Bass Road and Chisholm Trail. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The City received an appraisal on a portion of the property at the southwest corner of Sam Bass Road and Chisholm Trail on April 23, 1997. The property is required to improve capacity of Sam Bass Road by facilitating a right turn onto Chisholm Trail. The strip of property requested is 0.092 acres at $5.60 per square foot, this equals $22,442.11. Staff recommends purchase for the appraised value. The property owner has already given us access to the property and work has begun. LOG OF BORING A -3 PROJECT: Street Reconstruction BORING NO. B -1 I Egger Acres Subdivision PROJECT NO. 62- 2375.97 Round Rock, Texas DATE 3 -7 -97 CLIENT: City of Round Rock SURFACE ELEVATION I Round Rock, Texas PAGE 1 of 1 FIELD DATA LABORATORY DATA DRILLING METHOD(S): Dry Augered 0 to 7 feet ATTERBERG GROUNDWATER INFORMATION: No groundwater observed during drilling. LL PL PI DESCRIPTION OF STRATUM — 2 1.75" asphalt; 6" base material P = 2.5 31 Very stiff dark brown to brown clay (CH), gravelly q P =4.5+ P =2.0 P =4.5 9 16 129 55 21 34 17 0.59 2 Medium dense tan clayey gravel (GC), calcareous 6 8 Boring Terminated at 7 feet 10 12 14 16 18 • 20 T - TXDOT CONE PENETRATION RESISTANCE fi N - STANDARD PENETRATION TEST RESISTANCE P - POCKET PENETROMETER RESISTANCE R - PERCENTAGE OF ROCK CORE RECOVERY RQD - ROCK QUALITY DESIGNATION REMARKS: T� �� 1 PC LOG OF BORING A -3 PROJECT: Street Reconstruction Egger Acres Subdivision Round Rock, Texas CLIENT: City of Round Rock Round Rock, Texas BORING NO. B -2 PROJECT NO. 62- 2375.97 DATE 3 -7 -97 SURFACE ELEVATION PAGE 1 of 1 FIELD DATA LABORATORY DATA DRILLING METHOD(S): Dry Augered 0 to 7 feet m I I MOISTURE CONTENT 1 %) DRY DENSITY POUNDS /CU.FT • ATTERBERG LIMITS I%) MINUS NO 200 SIEVE ( %) COMPRESSIVE STRENGTH (TONS /SQ FT) FAILURE STRAIN 1 %) CONFINING PRESSURE (POUNDS /SQ IN) LIQUID LIMIT PLASTIC LIMIT PLASTICITY INDEX GROUNDWATER INFORMATION: No groundwater observed during drilling. LL PL PI DESCRIPTION OF STRATUM 2" asphalt; 3" base material _ Very stiff to hard dark brown clay (CH) Tan limestone Boring Terminated at 7 feet N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE P - POCKET PENETROMETER RESISTANCE R - PERCENTAGE OF ROCK CORE RECOVERY ROD - ROCK QUALITY DESIGNATION REMARKS: IBC sIC. 1 1 LOG OF BORING A -4 PROJECT: Street Reconstruction BORING NO. B -3 Egger Acres Subdivision PROJECT NO. 62- 2375.97 Round Rock, Texas DATE 3 -7 -97 f Round Rock SURFACE ELEVATION Round Rock, Texas PAGE 1 of 1 - LABORATORY DATA DRILLING METHOD(S): Dry Augered 0 to 7 feet D EP T H (FT 1 SOIL SYMBOL SAMPLES N: BLOWS /FT T: INCHES /100 BLOWS P: TONS /S0 FT R: PERCENT ROD: PERCENT ro I [MOISTURE CONTENT I %1 DRY DENSITY POUNDS /CU.FT ATTERBERG LIMITS %) MINUS N0. 200 SIEVE ( %) COMPRESSIVE STRENGTH (TONSISQ FT) FAILURE STRAIN ( %) CONFINING PRESSURE IPOUNDS/SQ IN) LIQUID LIMIT PLASTIC LIMIT PLASTICITY INDEX GROUNDWATER INFORMATION: No groundwater observed during drilling. LL PL PI DESCRIPTION OF STRATUM 1.25" asphalt; 3.5" base material Very stiff dark brown clay (CH) 6 I IF P =4.5 I 12 Very stiff brown and tan silty clay (CO, gravelly 1 8 — Boring Terminated at 7 feet 1 1 10 1 12 ' 14 16 1 - 18 ' I 20 N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE P - POCKET PENETROMETER RESISTANCE R - PERCENTAGE OF ROCK CORE RECOVERY I ROD - ROCK QUALITY DESIGNATION REMARKS: T ' � 1 BC INCNIERIMM LOG OF BORING A -5 PROJECT: Street Reconstruction BORING NO. 6 -4 Egger Acres Subdivision PROJECT NO. 62- 2375.97 Round Rock, Texas DATE 3 -7 -97 CLIENT: City of Round Rock SURFACE ELEVATION _ _ Round Rock, Texas PAGE 1 of 1 FIELD DATA L LABORATORY DATA D DRILLING METHOD(S): DEPTH (FT) SOIL SYMBOL SAMPLES N: BLOWS /FT T: INCHES /100 BLOWS P: TONS /SO FT R: PERCENT RQD: PERCENT I MOISTURE CONTENT ( %) DRY DENSITY POUNDS /CU.FT ATTERBERG D 90 MINUS NO. 200 SIEVE ( %) COMPRESSIVE STRENGTH (TONS /SO FT) FAILURE STRAIN 1 %I CONFINING PRESSURE (POUNDS/SQ IN) LIQUID LIMIT PLASTIC LIMIT PLASTICITY INDEX GROUNDWATER INFORMATION: No groundwater observed during drilling. LL P PL P PI D DESCRIPTION OF STRATUM 2 P 1.5" asphalt; 10" base material P =4.5 + 2 21 Hard dark brown clay ICH) 4 P 6 H P =4.5+ 9 9 Hard tan silty clay (CL), calcareous Boring Terminated at 7 feet 1 1 1 L A -R PROJECT: Street Reconstruction Egger Acres Subdivision Round Rock, Texas CLIENT: City of Round Rock Round Rock, Texas BORING NO. B -5 PROJECT NO. 62- 2375.97 DATE 3 -7 -97 SURFACE ELEVATION PAGE 1 of 1 FIELD DATA LABORATORY DATA DRILLING METHOD(S): Dry Augered 0 to 7 feet ■ ^' I MOISTURE CONTENT ( %) DRY DENSITY POUNDSJCU.FT ATTERBERG LIMITS (90 MINUS NO. 200 SIEVE ( %) COMPRESSIVE STRENGTH (TONS/SQ FTI FAILURE STRAIN ( %) CONFINING PRESSURE (POUNDS /SQ IN) LIQUID LIMIT lIINll DIlSVld PLASTICITY INDEX GROUNDWATER INFORMATION: No groundwater observed during drilling. LL PL PI DESCRIPTION OF STRATUM 1.25" aspahlt; 4" base material _ Very stiff dark brown clay (CH) 13 Very stiff brown and tan silty clay (CO, calcareous Boring Terminated at 7 feet N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE P - POCKET PENETROMETER RESISTANCE R - PERCENTAGE OF ROCK CORE RECOVERY RQD - ROCK QUALITY DESIGNATION REMARKS: TC 1 smeassecte+e LOG OF BORING A -7 PROJECT: Street Reconstruction BORING NO. B -6 Egger Acres Subdivision PROJECT NO. 62- 2375.97 Round Rock, Texas DATE 3 -7 -97 CLIENT: City of Round Rock SURFACE ELEVATION Round Rock, Texas PAGE 1 of 1 FIELD DATA LABORATORY DATA DRILLING METHOD(S): Dry Augered 0 to 7 feet ATTERBERG LIMITS (96) GROUNDWATER INFORMATION: No groundwater observed during drilling. LL PL PI DESCRIPTION OF STRATUM 2 0.25" asphalt; 7" base material P =2.5 P =4.5 32 87 78 28 50 1.59 5 Very stiff to hard dark brown clay (CH) 4 6 P =4.5+ P =4.5+ 11 14 91 Hard brown and tan silty clay (CL), calcareous 8 Boring Terminated at 7 feet 10 12 14 16 18 20 N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE P - POCKET PENETROMETER RESISTANCE R - PERCENTAGE OF ROCK CORE RECOVERY ROD - ROCK QUALITY DESIGNATION REMARKS: TPC i 1 1 1 1 1 1 1 1 1 1 1 LOG OF BORIN A -8 PROJECT: Street Reconstruction Egger Acres Subdivision Round Rock, Texas CLIENT: City of Round Rock Round Rock, Texas BORING NO. a -8 PROJECT NO. 62- 2375.97 DATE 3 -7 -97 SURFACE ELEVATION PAGE 1 of 1 LABORATORY DATA DRILLING METHOD(S): Dry Augered 0 to 7 feet MIN DEPTH IFT) SOIL SYMBOL SAMPLES N: BLOWS /FT T: INCHES /100 BLOWS P; TONS /SO FT R: PERCENT ROM PERCENT MOISTURE CONTENT ( %) DRY DENSITY POUNDS /CU.FT ATTERBERG LIMITS (TO MINUS NO. 200 SIEVE I %) COMPRESSIVE STRENGTH (TONS /SQ FT) FAILURE STRAIN ( %) CONFINING PRESSURE (POUNDS /SO IN) LIQUID LIMIT PLASTIC LIMIT PLASTICITY INDEX GROUNDWATER INFORMATION: No groundwater observed during drilling. LL PL PI DESCRIPTION OF STRATUM 2 1" asphalt; 6" base material r Ado r P =4.5 + � / P =4.5 24 23 98 81 26 55 5.77 3 Very stiff to hard dark brown clay (CHI 6 10 ,� P =4.5 12 Very stiff tan sandy clay (CL), with scattered gravel Boring Terminated at 7 feet 1 8 10 1 12 1 14 1 16 ■ 1 8' ■ 1 20 N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE P - POCKET PENET RESISTANCE R - PERCENTAGE OF ROCK CO RE RECOVERY I RQD - ROCK QUALITY DESIGNATION REMARKS: � 1 T BC MONEIRADC LOG OF BORING A -9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROJECT: Street Reconstruction BORING NO. B -9 Egger Acres Subdivision PROJECT NO. 62- 2375.97 Round Rock, Texas DATE 3 -7 -97 CLIENT: City of Round Rock SURFACE ELEVATION Round Rock, Texas PAGE 1 of 1 FIELD DATA 2 4 6 10 16 18 20 -Y.. 12 14 0 } 0 N N P =4.5+ P=3.5 P =1.0 P= 1.0 LABORATORY DATA 4 0 0 0 22 1 0 15 y LL F 0 � V w ❑ ❑ 2 0 ATT LIM ❑ 0 LL ERB ITS a u PL 28 15 ERG 151 0 2 U PI 13 35 N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE P - POCKET PENETROMETER RESISTANCE R - PERCENTAGE OF ROCK CORE RECOVERY ROD - ROCK QUALITY DESIGNATION > LL N a w Z u in r_ 2 N Z Z 2 0 o0. DRILLING METHOD(S): Dry Augered 0 to 7 feet GROUNDWATER INFORMATION: No groundwater observed during drilling. DESCRIPTION OF STRATUM 1.5" asphalt; 8" base material Hard dark brown and reddish brown clay (CH) Medium dense tan clayey sand (SC), gravelly Boring Terminated at 7 feet REMARKS: IBC LOG OF BORING A -1 fl 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1s 1 1 1 PROJECT: Street Reconstruction Egger Acres Subdivision Round Rock, Texas CLIENT: City of Round Rock Round Rock, Texas BORING NO. B -10 PROJECT NO. 62- 2375.97 DATE 3 -7 -97 SURFACE ELEVATION PAGE 1 of 1 FIELD DATA 2 4 6 10 12 14 16 18 20 0 h y J 5 N P=2.0 LABORATORY DATA 32 > u 6 c U O ❑ o a ATT LIM d LL ERB ITS 5 U PL ERG w ❑2_ U N PI N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE P - POCKET PENETROMETER RESISTANCE R - PERCENTAGE OF ROCK CORE RECOVERY ROD - ROCK QUALITY DESIGNATION w � N d w 2 o � o 6 a 0 LL 0 a ❑ z ? N 2 Z � a DRILLING METHOD(S): Dry Augered 0 to 5 feet GROUNDWATER INFORMATION: No groundwater observed during drilling. DESCRIPTION OF STRATUM 1.5" asphalt; 9.5" base material Stiff to very stiff dark brown clay (CHI Tan limestone Boring Terminated at 5 feet REMARKS: 1 J.JC sNIXEMta,k LOG OF BORING A-1 1 1 1 1 1 1 1 1 1 r 1 PROJECT: CLIENT: FIELD DATA 1 1 S 0 2 4 6 8 10 12 14 16 18 0 >- w t < Street Reconstruction Egger Acres Subdivision Round Rock, Texas City of Round Rock Round Rock, Texas P=2.0 P=3.5 P =4.5+ P= 4.5 LABORATORY DATA e w 0 w 0 0 24 17 13 LL t/i U T, 0 ¢ o 98 ATT LIM ERB ITS PL ERG %I w PI 20 N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE P - POCKET PENETROMETER RESISTANCE R - PERCENTAGE OF ROCK CORE RECOVERY ROD - ROCK QUALITY DESIGNATION 2.29 7 0 u 0 0 U N Z 2 0 o E- U BORING NO. B -11 PROJECT NO. 62- 2375.97 DATE 3 -7 -97 SURFACE ELEVATION PAGE 1 of 1 DRILLING METHOD(S): Dry Augered 0 to 7 feet GROUNDWATER INFORMATION: Groundwater observed at a depth of about 3.5 feet during drilling. DESCRIPTION OF STRATUM 1" asphalt; 4" base material Stiff to very stiff brown clay (CH) Very stiff to hard tan silty clay (CL), slightly calcareous Boring Terminated at 7 feet REMARKS: LOG OF BORING A-1 2 ■ PROJECT: Street Reconstruction Egger Acres Subdivision Round Rock, Texas CLIENT: City of Round Rock Round Rock, Texas BORING NO. B -12 PROJECT NO. 62- 2375.97 DATE 3 -7 -97 SURFACE ELEVATION _ PAGE 1 of 1 me um ow am mu me um mme imm mu mu me me ma _ L FIELD DATA LABORATORY DATA DRILLING METHOD(S}: Dry Augered 0 to 7 feet l L MOISTURE CONTENT I %1 DRY DENSITY POUNDS /CU.FT ATTERBERG LIMITS %1 MINUS N0. 200 SIEVE IV CUMYMtSSI V E STRENGTH (TONSISQ FT) I FAILURE STRAIN ( %I CONFINING PRESSURE IPOUNDS /SO INI LIQUID LIMIT PLASTIC LIMIT PLASTICITY INDEX GROUNDWATER INFORMATION: No groundwater observed during drilling. LL PL F. DESCRIPTION OF STRATUM 1" asphalt; 5.5" base material _ Stiff to very stiff brown clay (CH}, slightly sandy 15 9 Stiff to very stiff brown to tan silty clay (CL) -sandy 1 to 2 feet Boring Terminated at 7 feet 1 ii R N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE P - POCKET PENETROMETER RESISTANCE - PERCENTAGE OF ROCK CORE REC ROD - ROCK QUALITY DESIGNATION REMARKS: T wy 1 K 1 � J` �' LOG OF B ORING Al . - -v v • •- •V•l1IYV PROJECT: Street Reconstruction I Egger Acres Subdivision Round Rock, Texas CLIENT: City of Round Rock Round Rock, Texas BORING NO. B -13 PROJECT NO. 62- 2375.97 DATE 3 -7 -97 SURFACE ELEVATION PAGE 1 FIELD DATA LABORATORY DATA DRILLING METHOD(S): of 1 SOIL SYMBOL SAMPLES N: BLOWS /FT T: INCHES /100 BLOWS P: TONS /SO FT R: PERCENT ROD: PERCENT MOISTURE CONTENT ( %) DRY DENSITY POUNDS /CU.FT ATTERBERG 1 MINUS NO. 200 SIEVE ( %) ! COMPRESSIVE STRENGTH (TONS /SO FTI FAILURE STRAIN ( %) CONFINING PRESSURE (POUNDS/SO IN) Dry Augered 0 to 7 feet !LIQUID LIMIT !PLASTIC LIMIT !PLASTICITY INDEX GROUNDWATER INFORMATION: No groundwater observed during drilling. LL PL Pi DESCRIPTION OF STRATUM — 2 1.5" asphalt; 9" base material P =2.0 P =2.0 34 34 85 76 27 49 97 1.44 4 Stiff to very stiff dark brown clay (CH) 4 6 P =2.o P =3.0 15 Stiff to very stiff brown to tan sandy clay (CL) with calcareous nodules and pockets 8 Boring Terminated at 7 feet 10 12 MI III 14 ` 18 18 20 i N - STANDARD PENETRATION TEST RESISTANCE T - TXDOT CONE PENETRATION RESISTANCE p- POCKET PENETROMETER RESISTANCE R - PERCENTAGE OF ROCK CORE RECOVERY ROD - ROCK QUAUTY DESIGNATION REMARKS: T w �, 1 {.� J_ J aKRIFEW4*c KEY TO SOIL CLASSIFICATIONS AND SYMBOLS SOIL TYPES / CLAY 00/04 SILTY CLAY ,j '` I r• SANDY CLAY ;tj',41∎- • GRAVE CLAYLLY SILT poll CLAYEY SIL = SASNDY ;E? {� 1 }iE f. • , G SILTELLY r • SAND CLAYEY SAND 7• � SILT SAND ' -+ A. FILL MATERIAL • GRAVEL 1 . r� CLAYEY t f GRAVEL � �Cy` • � �s'�.'v? q 4 SILTY + GRAVEL i t , Y,w 1 %:r• CONCRETE, ASPHALT, AND /OR BASE MATERIAL --,.,,,.. CONSISTENCY OF COHESIVE SOILS Undrained Penetration Compressive Resistance Strength (blows per foot) Consistency (ts1) 0 -2 Very Solt 0 -0.25 2 -4 Soft 0.25 -0.5 4 - Firm 0.5 -1.0 8 -15 Stiff 1.0 -2.0 • 15 -30 Very Stiff 2.0 - 4.0 > 30 Hard > 4,0 PLASTICITY OF RELATIVE DENSITY OF COHESIVE SOILS COHESIONLESS SOILS Penetration Plasticity Degree of Resistance Relative Index Plasticity (blows per foot) Density 0 -5 None 0 -4 Very Loose 5 -10 Low 4 -10 Loose 10 - 20 Moderate 10 - 30 Medium Dense 20 -40 Plastic 30 -50 Dense > 40 Highly Plastic > 50 Very Dense TERMS CHARACTERIZING SOIL STRUCTURE Slickensided - having Inclined planes of weakness that are slick and glossy in appearance Fissured - containing shrinkage cracks, frequently filled with fine sand or silt usually more or less vertical Laminated - composed of thin layers of varying color and texture Interbedded - composed of altercate layers of different soli types Calcareous' - containing appreciable quantities of calcklm carbonate SAMPLER TYPES Undisturbed Shelby Tube Disturbed Shelby Tube Standard Penetration 11 Test Auger ' Sample 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NBC ENGINEERING. INC, A-15 C:IDOXPROP62- 237S97 APPENDIX - B MFPS -I OUTPUT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MFPS -1 MUNICIPAL FLEXIBLE PAVEMENT DESIGN SYSTEM, VERSION 1.0, 8/83 ADAPTED FROM TEXAS SDHPT FPS -11 PROGRAM FOR CITY OF AUSTIN BY ARE INC, CONSULTING ENGINEERS, AUSTIN, TEXAS , PROBLEM TITLE (DESCRIPTION) Egger Acres - HBC #62- 2375.97 - Local Residential * * * ** PAVEMENT TOTAL NUMBER OF LANES IN FACILITY 2 TOTAL NUMBER OF CURBS IN FACILITY 2 NUMBER OF LAYERS CONSIDERED IN THIS PROBLEM . 2 LANE WIDTH (FEET) 12.00 CURB HEIGHT (INCHES) 6.00 CONCRETE CURB CONSTRUCTION COST ($ /LF) 4.50 THICKENED EDGE FIXED COST ($ /LF) .00 THICKENED EDGE INCREMENTAL COST ($ /IN /LF) .00 * * * ** LAYER * * * ** MIN. MAX. THICK. SALV. LAYER LAYER LAYER DEPTH DEPTH INCR. COST COST VALUE STIFF. NO. CODE DESCRIPTION (IN.) (IN.) (IN.) ($ /CY) ($ /SY) (%) COEF. 1 A HMAC 1.50 3.00 .50 70.00 .00 30.0 .960 2 F FLEX BASE 4.00 25.00 .50 17.00 .00 20.0 .500 * * * ** SUBGRADE * * * ** SWELLING PROBABILITY 1.00 SWELLING RATE CONSTANT .12 POTENTIAL VERTICAL RISE (INCHES) 3.50 SUBGRADE EXCAVATION COST ($ /CY) 4.50 SUBGRADE COST ($ /SY) .00 SUBGRADE STIFFNESS COEFFICIENT .200 * * * ** AC OVERLAY * * * ** MINIMUM AC OVERLAY THICKNESS (INCHES) 1.50 MAXIMUM ACCUMULATED OVERLAY THICKNESS (INCHES). 3.00 AVERAGE LEVEL -UP THICKNESS (INCHES) .50 OVERLAY COST ($ /CY) 63.00 OVERLAY COST ($ /SY) .00 OVERLAY SALVAGE VALUE ( %) 30.00 AC OVERLAY STIFFNESS COEFFICIENT .960 OVERLAY EDGE TAPERING COST ($ /LF) .00 OVERLAY EDGE MILLING COST ($ /LF) 3.25 AC OVERLAY PRODUCTION RATE (CY /HR) 40.0 B -1 1 MFPS -1 MUNICIPAL FLEXIBLE PAVEMENT DESIGN SYSTEM, VERSION 1.0, 8/83 ' ADAPTED FROM TEXAS SDHPT FPS -11 PROGRAM FOR CITY OF AUSTIN BY ARE INC, CONSULTING ENGINEERS, AUSTIN, TEXAS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ROBLEM TITLE (DESCRIPTION) gger Acres - HBC #62- 2375.97 - Local Residential * * * ** DESIGN CONSTRAINTS * * * ** CONFIDENCE LEVEL ( %) 90.00 LENGTH OF ANALYSIS PERIOD (YEARS) 20.0 MINIMUM TIME TO FIRST OVERLAY (YEARS) 20.0 MINIMUM TIME BETWEEN OVERLAYS (YEARS) 5.0 MAXIMUM THICKNESS OF INITIAL CONSTR. (INCHES) _ 30.00 MAXIMUM FUNDS AVAILABLE FOR INITIAL CONSTR. ($) 50.00 DISCOUNT RATE ( %) 5.00 * * * ** PERFORMANCE * * * ** SERVICEABILITY INDEX AFTER INITIAL CONSTRUCTION . 4.20 TERMINAL SERVICEABILITY INDEX 2.00 SERVICEABILITY INDEX AFTER OVERLAY CONSTRUCTION 4.00 * * * ** MAINTENANCE * * * ** FIRST YEAR COST OF ROUTINE MAINTENANCE .00 ANNUAL INCREMENTAL INCREASE IN MAINTENANCE COST 150.00 * * * ** TRAFFIC * * * ** AVERAGE DAILY TRAFFIC GROWTH RATE ( %) 3.00 DIRECTIONAL DISTRIBUTION FACTOR ( %) 50.00 LANE DISTRIBUTION FACTOR (t) 100.00 PERCENT TRUCKS IN AVERAGE DAILY TRAFFIC 1.50 18 -KIP EQUIVALENCY FACTOR FOR STD. CITY TRUCK .53 INITIAL ADT ON FACILITY (VPD) 500. * * * ** TRAFFIC DELAY * * * ** INDEX TO DETOUR MODEL 3 NO. OF OPEN LANES THROUGH OVERLAY ZONE IN OVERLAY DIRECTION 1 IN NON - OVERLAY DIRECTION 1 AVERAGE APPROACH SPEED TO OVERLAY ZONE (MPH) 30. AVERAGE SPEED THROUGH OVERLAY ZONE (MPH) IN OVERLAY DIRECTION 15. IN NON - OVERLAY DIRECTION 30. DISTANCE OVER WHICH TRAFFIC IS SLOWED (MILES) IN OVERLAY DIRECTION .50 IN NON - OVERLAY DIRECTION .00 DETOUR DISTANCE (MILES) 1.00 NO. OF HOURS PER DAY OVERLAY CONSTRUCTION OCCURS. 7.00 ADT ARRIVING EACH HOUR OF CONSTRUCTION ( %). . . . 6.00 1 1p ROBLEM TITLE (DESCRIPTION) gger Acres - HBC #62- 2375.97 - Local Residential 1 1 2 3 4 ******************** * * * * * * * ** * * * * * * * * * * * * * * * * * ** * ** MATERIAL ARRANGEMENT AF AF AF AF ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 SUBGRADE EXC. COST 1.13 1.06 1.00 .94 CURB CONSTR. COST 3.38 3.38 3.38 3.38 THICKENED EDGE COST .00 .00 .00 .00 IT ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** APERING COSTS .00 .00 .00 .00 MILLING COSTS .00 .00 .00 .00 1 **************************************************** INIT. CONST. COST 10.96 11.40 11.83 12.27 OVERLAY CONST. COST .00 .00 .00 .00 1 USER COST .00 .00 .00 .00 ROUTINE MAINT. COST 2.20 2.20 2.20 2.20 SALVAGE VALUE -.60 -.67 -.75 -.82 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 TOTAL COST 12.56 12.93 13.29 13.65 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LAYER DEPTH (INCHES) D(1) 1.50 2.00 2.50 3.00 D(2) 7.50 6.50 5.50 4.50 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** OVERLAY POLICY(INCH) I (INCLUDING LEVEL -UP) ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** PERF. TIME (YEARS) I T(1) 22.46 22.43 22.41 22.37 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SWELLING CLAY LOSS I (SERVICEABILITY) SC(1) 1.09 1.09 1.09 1.09 1 THE TOTAL NUMBER OF FEASIBLE DESIGNS ENCOUNTERED WAS 156 1 1 1 1 r FPS-1 MUNICIPAL FLEXIBLE PAVEMENT DESIGN SYSTEM, VERSION 1.0, 8/83 ADAPTED FROM TEXAS SDHPT FPS -11 PROGRAM FOR CITY OF AUSTIN BY ARE INC, CONSULTING ENGINEERS, AUSTIN, TEXAS I UMMARY OF THE BEST DESIGN STRATEGIES N ORDER OF INCREASING TOTAL COST B -3 1 MFPS-1 MUNICIPAL FLEXIBLE PAVEMENT DESIGN SYSTEM, VERSION 1.0, 8/83 ADAPTED FROM TEXAS SDHPT FPS -11 PROGRAM FOR CITY OF AUSTIN BY ARE INC, CONSULTING ENGINEERS, AUSTIN, TEXAS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' PROBLEM TITLE (DESCRIPTION) Egger Acres - HBC #62- 2375.97 - Residential Collector * * * ** PAVEMENT * * * ** TOTAL NUMBER OF LANES IN FACILITY 2 TOTAL NUMBER OF CURBS IN FACILITY 2 NUMBER OF LAYERS CONSIDERED IN THIS PROBLEM 2 LANE WIDTH (FEET) 12.00 CURB HEIGHT (INCHES) 6.00 CONCRETE CURB CONSTRUCTION COST ($ /LF) 4.50 THICKENED EDGE FIXED COST ($ /LF) .00 THICKENED EDGE INCREMENTAL COST ($ /IN /LF) .00 * * * ** LAYER * * * ** 1 MIN. MAX. THICK. SALV. LAYER LAYER LAYER DEPTH DEPTH INCR. COST COST VALUE STIFF. ' NO. CODE DESCRIPTION (IN.) (IN.) (IN.) ($ /CY) ($ /SY) (°8) COEF. 1 A HMAC 1.50 3.00 .50 70.00 .00 30.0 .960 2 F FLEX BASE 4.00 25.00 .50 17.00 .00 20.0 .500 * * * ** SUBGRADE * * * ** SWELLING PROBABILITY 1.00 SWELLING RATE CONSTANT .12 POTENTIAL VERTICAL RISE (INCHES) 3.50 SUBGRADE EXCAVATION COST ($ /CY) 4.50 SUBGRADE COST ($ /SY) .00 SUBGRADE STIFFNESS COEFFICIENT .200 * * * ** AC OVERLAY * * * ** MINIMUM AC OVERLAY THICKNESS (INCHES) 1.50 MAXIMUM ACCUMULATED OVERLAY THICKNESS (INCHES). 3.00 AVERAGE LEVEL -UP THICKNESS (INCHES) .50 OVERLAY COST ($ /CY) 63.00 OVERLAY COST ($ /SY) .00 OVERLAY SALVAGE VALUE ( %) 30.00 AC OVERLAY STIFFNESS COEFFICIENT .960 OVERLAY EDGE TAPERING COST ($ /LF) .00 OVERLAY EDGE MILLING COST ($ /LF) 3.25 AC OVERLAY PRODUCTION RATE (CY /HR) 40.0 B -4 1 1 MFPS -1 MUNICIPAL FLEXIBLE PAVEMENT DESIGN SYSTEM, VERSION 1.0, 8/83 ADAPTED FROM TEXAS SDHPT FPS -11 PROGRAM FOR CITY OF AUSTIN BY ARE INC, CONSULTING ENGINEERS, AUSTIN, TEXAS ' PROBLEM TITLE (DESCRIPTION) Egger Acres - HBC #62-2375.97 - Residential Collector * * * ** DESIGN CONSTRAINTS * * * ** CONFIDENCE LEVEL ( %) 90.00 LENGTH OF ANALYSIS PERIOD (YEARS) 20.0 MINIMUM TIME TO FIRST OVERLAY (YEARS) 20.0 MINIMUM TIME BETWEEN OVERLAYS (YEARS) 5.0 MAXIMUM THICKNESS OF INITIAL CONSTR. (INCHES) . 30.00 MAXIMUM FUNDS AVAILABLE FOR INITIAL CONSTR. ($) 50.00 DISCOUNT RATE (%) 5.00 * * * ** PERFORMANCE * * * ** SERVICEABILITY INDEX AFTER INITIAL CONSTRUCTION TERMINAL SERVICEABILITY INDEX SERVICEABILITY INDEX AFTER OVERLAY CONSTRUCTION * * * ** MAINTENANCE * * * ** FIRST YEAR COST OF ROUTINE MAINTENANCE .00 ANNUAL INCREMENTAL INCREASE IN MAINTENANCE COST 150.00 * * * ** TRAFFIC * * * ** AVERAGE DAILY TRAFFIC GROWTH RATE ( %) 3.50 DIRECTIONAL DISTRIBUTION FACTOR ( %) 50.00 LANE DISTRIBUTION FACTOR ( %) 100.00 PERCENT TRUCKS IN AVERAGE DAILY TRAFFIC 3.00 18 -KIP EQUIVALENCY FACTOR FOR STD. CITY TRUCK . .53 INITIAL ADT ON FACILITY (VPD) 1000. * * * ** TRAFFIC DELAY * * * ** INDEX TO DETOUR MODEL 3 NO. OF OPEN LANES THROUGH OVERLAY ZONE IN OVERLAY DIRECTION 1 IN NON - OVERLAY DIRECTION 1 AVERAGE APPROACH SPEED TO OVERLAY ZONE (MPH). . 30. AVERAGE SPEED THROUGH OVERLAY ZONE (MPH) IN OVERLAY DIRECTION 15. IN NON - OVERLAY DIRECTION 30. DISTANCE OVER WHICH TRAFFIC IS SLOWED (MILES) IN OVERLAY DIRECTION .50 IN NON - OVERLAY DIRECTION .00 DETOUR DISTANCE (MILES) 1.00 NO. OF HOURS PER DAY OVERLAY CONSTRUCTION OCCURS 7.00 ADT ARRIVING EACH HOUR OF CONSTRUCTION ( %). . . 6.00 B -5 4.20 2.00 4.00 1 MFPS -1 1 I UMMARY OF THE BEST DESIGN STRATEGIES N ORDER OF INCREASING TOTAL COST ILA ******************** * * * * * * * * * * * * * * * * * * * * * * * * * ** * * ** TERIAL ARRANGEMENT AF AF AF AF ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * ** * ** I UBGRADE EXC. COST 1.63 1.56 1.44 1.38 URB CONSTR. COST 3.38 3.38 3.38 3.38 THICKENED EDGE COST .00 .00 .00 .00 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** APERING COSTS .00 .00 .00 .00 MILLING COSTS .00 .00 .00 .00 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 'INIT. CONST. COST 13.35 13.78 13.92 14.36 OVERLAY CONST. COST .00 .00 .00 .00 USER COST .00 .00 .00 .00 ' ROUTINE MAINT. COST 2.20 2.20 2.20 2.20 SALVAGE VALUE -.74 -.81 -.87 -.94 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ' TOTAL COST 14.81 15.17 15.26 15.62 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LAYER DEPTH (INCHES) I D(1) 1.50 2.00 2.50 3.00 D(2) 11.50 10.50 9.00 8.00 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** OVERLAY POLICY(INCH) ' (INCLUDING LEVEL -UP) ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** PERF. TIME (YEARS) T(1) 21.98 22.18 20.00 20.17 SWELLING CLAY LOSS (SERVICEABILITY) SC(1) 1.09 1.09 1.07 1.07 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ' THE TOTAL NUMBER OF FEASIBLE DESIGNS ENCOUNTERED WAS 126 1 1 1 1 MUNICIPAL FLEXIBLE PAVEMENT DESIGN SYSTEM, VERSION 1.0, 8/83 ADAPTED FROM TEXAS SDHPT FPS -11 PROGRAM FOR CITY OF AUSTIN BY ARE INC, CONSULTING ENGINEERS, AUSTIN, TEXAS ROBLEM TITLE (DESCRIPTION) gger Acres - HBC #62- 2375.97 - Residential Collector' 1 2 3 4 B -6 Phone: 512/218 -4404 S. D. KALLMAN, INC. Engineers and Environmental Consultants November 25, 1997 ADDENDUM NO. 1 TO THE PLANS, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR EGGER ACRES 1997 STREET, DRAINAGE AND WATER LINE IMPROVEMENTS 1. PROPOSAL AND BIDDING SHEETS: Remove "Page BD -13" from the PROPOSAL and replace it with "Page BD -13 (Revised 11- 25 -97) ". This revision removes the "Hot Dip" from Bid Item No. 48 and adds new Bid Item No. 49, Tree Protection. 2. PROPOSAL AND BIDDING SHEETS: Remove "Pages BD -14, BD -15 and BD -16" from the Proposal and replace with "Pages BD -14, BD -15 and BD- 16" (Revised 11- 25 -97). This revision deletes Bid Item Nos. 2, 3 and 4 from the Proposal as they were repeated in error. This revision also changes the "Bid Item Numbers" for a total of 15 Bid Items for "Water Improvements ". 3. Add the enclosed detail to the plans for "Tree Protection Fence - Modified Type A ". 4. SPECIAL CONDITIONS: Insert Page SC -5 into the SPECIAL CONDITIONS section. It was omitted from the original reproduction order. 5. Bid Time. Date and Place The Bid Letting shall remain as originally scheduled on Tuesday, December 2, 1997 at 2:00 p.m. at the. City of Round Rock Council Chambers. 6. Fax copies of Addendum No. 1 are being sent to all planholders (11- 26 -97). 7. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 (FAXED) BY AFFIXING YOUR "SIGNATURE AND DATE" ON THE ATTACHED FORM AND RE -FAX TO S.D. KALLMAN, INC. - ENGINEERS AND ENVIRONMENTAL CONSULTANTS AT (512) 218 -1668. ADDENDUM 1 - Page 1 of 7 1106 S. Mays, Suite 100 Round Rock, Texas 78664 ` $?Q 40762, 1 � i� 3 ;gretwaJ 12/218 -1668 STREET AND DRAINAGE IMPROVEMENTS Bid Item Description & Written Unit item Quantity Unit Price Unit Price Amount 45. 149 TON H.M.A.C. Level -up Course, complete in- place, per ton, for Dollars and Cents $ $ 46. 370 TON 1 12" H.M.A.C. Overlay (Egger Ave.), complete in- place, per ton for Dollars and Cents $ $ 47. 360 L.F. Remove and Replace existing Curb and Gutter, complete in- place, per linear foot, for Dollars and Cents $ $ *48. 682 L.F. 2" 1 Dip Galvanized Field Fabricated Handrail with Posts installed in 4" PVC Sleeves and Grouted and Finished with Silver Paint, complete in- place, per linear foot, for Dollars and Cents $ $ *49. 5 EA. Tree Protection Barrier Fencing (Modified Type A) and 2" x 4" x 8' banded wood slats, complete in- place, per each, for Dollars and Cents $ $ * *TOTAL -- STREET AND DRAINAGE IMPROVEMENTS $ (Items 1 through 49 above) (Revised 11- 25 -97) BD -13 ADDENDUM 1 - Page 2 of 7 Bid Item Quantity Vdt WATER IMPROVEMENTS Item Description & Written Unit Unit Price Price 1. 1571 L.F. 6" Water Line (AWWA C -900), complete in- place, per linear foot, for Dollars and Cents $ $ for Dollars and Cents $ $ *2. 5 EA. Cut -in 6" x 6" Tee on existing 6" Water Line no/ including C.I. fittings, complete in- place, per each, for Dollars and Cents $ $ *3. 1 EA. 6" Wet Connection 001 including C.I. fittings, complete in- place, per each, for Dollars and Cents $ $ *4. 10 EA. 6" Gate Valve, complete in- place, per each, Amount for Dollars and Cents $ $ *5. 6 EA. 5 1/4" Fire Hydrant pat including 6" gate valve, complete in- place, per each, for Dollars and Cents $ $ *6. 4 EA. Install 1 W Long Double Water Service on proposed water line including Casing and Reconnection of New Line with existing meter and cap old service line, complete in- place, per each, for Dollars and Cents $ $ * (Revised 11- 25 -97) BD -14 ADDENDUM 1 - Page 3 of 7 Bid Item Quantity Ural WATER IMPROVEMENTS Item Description 8, Written Unit Price 4 EA. Install 1" Long Single Water Service on proposed water line Including Casing and Reconnection of New Line with existing meter and cap old service line, complete in- place, per each, for Dollars and Cents $ $ *8. 3 EA. Install 1 1 /2" Long Double Water Service on proposed water line Including Casing, complete in- place, per each, for Dollars and Cents $ S *9. 2 EA. Install 1 % " Short Double Water Service on proposed water line including casing, complete in- place, per each, for Dollars and Cents $ $ *10 4 EA. Install 1 %" Short Double Water Service on existing water line including casing, complete in- place, per each, for Dollars and Cents $ $ *11. 5 EA. Install 1" Long Single Water Service on existing water line including Casing and Reconnection of New Line with existing meter and cap old service line, complete in- place, per each, for Dollars and Cents $ $ `(Revised 11- 25 -97) BD -15 ADDENDUM 1 - Page 4 of 7 Unit Price Amount Bid Item Quantity d WATER IMPROVEMENTS Item Descriotion & Written Unit price *12. 5 EA. Install 1 1/2" Long Double Water Service on existing water line including casing, complete in- place, per each, for Dollars and Cents $ $ *13. 3 EA. Install 1 1/2" Short Double Water Service on existing water line including casing, complete in- place, per each, for Dollars and Cents $ $ *14. 0.81 TON C.I. Fittings, complete in -place per ton, for Dollars and Cents $ $ *15. 2 EA. Relocate and adjust to finished grade existing Water Service and Meter Box, complete in- place, per each, for Dollars and Cents $ $ *TOTAL - " WATER IMPROVEMENTS (Items 1 through 15 above) $ BID SUMMARY TOTAL -- STREET & DRAINAGE IMPROVEMENTS $ TOTAL - -WATER IMPROVEMENTS **TOTAL LUMP SUM BASE BID $ MATERIALS ALL OTHER CHARGES **TOTAL * *Note: These two figures will be equal. NOTE: Bidder's qualifications Statement must be completed and submitted with Bid Proposal for bid to be considered. *(Revised 11- 25 -97) BD -16 ADDENDUM 1 - Page 5 of 7 Unit Price Amount 5 It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 -08 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -09 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 -10 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to done, right -of- way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES SC -5 (Added 11- 25 -97) ADDENDUM 1 - Page 6 of 7 i . ••.• * • � 4*j0 , 1 j�j�� �� �4, ��� � f i� .1.�.�� 44 • to ., � • • �1 • • • Q • • � • � • � � • • • • • • • Q � • • • + • • • � • • • 4 + i�i�i • iii • i�i�i i • i � • i i�i� � ii fr i 41 we:4..bta.� O — I4--- LIMITS OF CRITICAL ROOT ZONE —•I 14- RADIUS =1 FT. PER IN. OF TRUNK DIA. –01 h-- VARIES* --►I — I• I• N. r I= NE I= PLAN VIEW 20" DIAMETER TREE WOOD CHIP MULCH 4" TO 6" DEPTH *AS NEEDED TO PROVIDE MINIMUM NECESSARY WORK SPACE -- IF LESS THAN 5' - 0 ", THEN ADD BOARDS STRAPPED TO TRUNK CRITICAL ROOT ZONE DRIPLINE TREE PROTECTION FENCE REVISION: NUMBER: STANDARD NUMBER: 610 -3 WOOD CHIP MULCH DESCRIPTION: DATE ADOPTED: 9 13 Bri INITIALS: SCALE: N.T.S. CITY OF AUSTIN, TEXAS DEPARTMENT OF ENVIRONMENTAL PROTECTION TREE PROTECTION FENCE MODIFIED TYPE A 4.2c 1( R 5489 APPROVED BY APPROVAL DATE ism Mr. Temple Aday Chasco Contracting P.O. Box 1057 Round Rock, Texas 78680 RF• FSiGER ACRES Dear Mr. Aday: Phone: 512/218 -4404 S. D. KALLMAN, INC. Engineers and Environmental Consultants NOTICE OF AWARD December 15, 1997 1997 STREET, DRAINAGE AND WATER LINE IMPROVEMENTS NOTICE OF AWARD Please let this letter serve as your Notice of Award for the City of Round Rock Egger Acres 1997 Street, Drainage and Water Line Improvements. The Bid Award is in the amount of $909,084.50 and the project shall be completed within two hundred ten (210) calendar days following the date of the Notice to Proceed. In accordance with the Notice to Contractors, one (1) copy of the Contract Documents and Specifications, and seven (7) sets of the Agreement, Performance and Payment Bonds, and Certificates of Insurance are forwarded to you herewith for execution within ten (10) days from the date of this letter. Please execute these documents in blue ink only. The Maintenance Bond shall be executed by you upon completion of the project, prior to the final retainage being released. Please return all seven (7) copies of the Agreement, Performance and Payment Bonds, and Certificates of Insurance to S.D. KALLMAN, INC. "" ENGINEERS & ENVIRONMENTAL CONSULTANTS so that they may be re -bound into the Specifications to be forwarded to the Owner for execution. Subsequent to that, fully executed copies will be distributed to all parties. Failure to comply with these conditions within the time specified will entitle the Owner to consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, the Owner will return to you two (2) fully signed counterparts of the Agreement with the Contract Documents and Specifications. 1106 S. Mays, Suite 100 Fax: 512/218 -1668 Round Rock, Texas 78664 i�i1 Mr. Temple Aday Chasco Contracting RE: EGGER ACRES 1997 STREET, DRAINAGE AND WATER LINE IMPROVEMENTS NOTICE OF AWARD December 15, 1997 Page 2 Please indicate your receipt and acceptance of this Notice of Award by signature below, and return one (1) executed copy by fax and mail to this office. Should you have any comments or questions regarding this or related matters, please do not hesitate to call. S.D. KALLMAN, INC. "" ENGINEE'S & ENVIRONMENTAL CONSULTANTS G. Harter Project Manager cc: /The Honorable Mayor Charles Culpepper, City of Round Rock Mr. James R. Nuse, P.E., Director of Public Works, City of Round Rock, Texas Mr. Alvin L. Wille, P.E., Assistant Director of Public Works, City of Round Rock, Texas Mr. Larry Madsen, Construction Manager, City of Round Rock, Texas Mr. Howard Baker, Purchasing Manager, City of Round Rock, Texas Receipt of the above Notice of Award is hereby acknowledged by Chasco Contracting on this, the "i12- day of December 1997. BY: TITLE: President C:1 PDDCSIEG 31134 3 -331 .014 ACCEPTANCE OF NOTICE WHEREAS, the City of Round Rock has duly advertised for bids for the Egger Acres Street, Drainage, and Waterline Improvements Project, and WHEREAS, Chaco Contracting has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Chasco Contracting, 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 contract with Chasco Contracting for the Egger Acres Street, Drainage, and Waterline Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this llth day of December,, 1997. ATTEST: K:\ NPDOCS \RRSOLUTI \RS71211D.NPD /eeg RESOLUTION NO. R- 97- 12- 11 -10D , Ci y Secretary CHARLES CULPEPPER, Mayor City of Round Rock, Texas S. D. KALLMAN, INC. Engineers and Environmental Consultants December 3, 1997 The Honorable Mayor Charles Culpepper City of Round Rock 221 East Main Round Rock, Texas 78664 RE: EGGER ACRES - 1997 STREET, DRAINAGE & WATER LINE IMPROVEMENTS RECOMMENDATION OF AWARD Dear Mayor Culpepper: On Tuesday, December 2, 1997 at 2:00 p.m., we opened bids on the referenced project, and are pleased to report that we had an excellent response from (8) reputable Contractors as outlined on the attached "Bid Summary Sheet". The order and total amount of bids received to construct the Egger Acres - 1997 Street, Drainage & Water Line Improvements in 210 calendar days (seven months) for each of the bidders is summarized on the attached "Bid Summary Sheet". We have reviewed each Bid, and the lowest total Base Bid is from Chasco Contracting, in the amount of $909,084.50. Chasco Contracting is located in Round Rock, Texas and has successfully completed many projects in this area. We recommend that this project be awarded to Chasco Contracting for the Total Base Bid amount of $909,084.50. Should you have any comments or questions regarding this project or related matters, please do not hesitate to call. Cordially, S.D. KALLMAN, INC .-- ENGINEERS & ENVIRONMENTAL CONSULTANTS cc: Mr. James R. Nuse, P.E., Director of Public Works, City of Round Rock, Texas Mr. Alvin L. Wille, P.E., Assistant Director of Public Works, City of Round Rock, Texas Mr. Larry Madsen, Construction Manager, City of Round Rock, Texas Mr. Howard Baker, Purchasing Manager, Pity of Round Rock, Texas STEVEN D. KALLMAN, P.E., R.P.L.S. President SDK 1 kg1343- 279.REc Attachment Phone: 512/218 -4404 1106 S. Mays, Suite 100 Fax: 512/218 -1668 Round Rock, Texas 78664 i�� S. D. KALLMAN, INC. " " ENGINEERS AND ENVIRONMENTAL CONSULTANTS 1106 South Mays, Suite 100 Round Rock, TX 78664 Phone: (512) 218 -4404 FAX: (512) 218 -1668 BID SUMMARY SHEET CITY OF ROUND ROCK, TEXAS EGGER ACRES - 1 997 STREET, DRAINAGE & WATER LINE IMPROVEMENTS BID DATE: TUESDAY, DECEMBER 2, 1997 BID TIME: 2 :00 P.M. CALENDAR DAYS: 210 .00 lit 0 or ` Bid Bond Enclosed (WN) Street & Drainage Improvements Water Improvements Total Base Bid CHASCO Y $812,576.50 $96,508.00 $909,084.50 CAPITAN ENTERPRISES, INC. (Subsid. of Key Enterprises, Inc.) Y $845,594.70 $74,660.00 $920,254 70 ROSS CONSTRUCTION Y 5833,711.20 5100,883.00 5934,594.20 BAY MAINTENANCE Y $887,552.00 $88,020.00 $975,572.00 AUSTIN ENGINEERING Y 5928,663.30 583,848.00 $1,012,511.30 CAPITAL EXCAVATION Y 5972,348.90 5123,031.00 $1,095,379.90 CHEROKEE CONSTRUCTION Y $1,075,385.00 $92,654.00 $1,168,039.00 RGM CONSTRUCTORS, L.P. Y $1,332,631 35 5122,008.00 51,454,639.35 C; WPOOCMEGGER.331VBIGTAB2.SUM DATE: December 3, 1997 SUBJECT: City Council Meeting, December 11, 1997 ITEM: 10D. Consider a resolution authorizing the Mayor to execute a contract with Chasco Contracting for the Egger Acres Street, Drainage, and Waterline Improvements Project. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Eight bids were received on Tuesday, December 2, 1997 for the Egger Acres Street, Drainage and Waterline Improvements Project which is a part of the 1996 General Obligation Bond Improvements Program. The low bid was submitted by Chasco Contracting and after reviewing their qualifications and experience staff recommends approval.