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R-98-04-30-4A - 4/30/1998Alamo Title Company i"ft Alamo Tide Company Post - Closing Documents Prepared for Borrower RRE Investors, L.P. a Texas Limited Partnership and The City of Round Rock, a Home Rule City Seller Arnold Telander February 2, 1999 1717 N. III 35, Suite 150, Round Rock, Texas 78664 (512) 244 -2266 Phone (512) 244 -1001 Fax TABLE OF CONTENTS 1. Settlement Statement 2. Quitclaim Deed 3. Quitclaim Deed 4. Cash Warranty Deed 5. Closing Certificate 6. Agricultural Exemption Awareness Letter 7. Affidavit as to Debts and Liens 8. Marital Status Affidavit 9. Tax Proration Agreement 10. Waiver of Inspection and Disclosure to Owner 11. Non Foreign Person Affidavit 12. Notice to Purchasers of Real Property SUMMARY OF BORROWER'S TRANSACTION SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT OUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract sales price 1,768,220.00 401. Contract sales price 402. Personal property 1,768 220.00 102. Personal property 103. Settlement Charges to Borrower (Line 1400) 12,012.00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 406. City. town taxes 106. City town taxes 107. County taxes 407. County taxes 108. Assessments 405. Assessments 109. 409. 110. 410. 111. 411. 112. 412. 113. 413. 114. 414. 120 GROSS AMOUNT DUE FROM BORROWER 1,780,232.00 420 GROSS AMOUNT DUE TO SELLER 1,768.220.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit o r earnest money 5,000.00 501. Excess deposits (see instructions) 202. Principal a of new loan(3) 502. Settlement charges to seller (Line 1400) 91.28 203. Existing Loan(s) taken subject to 503. Existing loan(s) taken subject to 504. Payoff 505. Payoff 506. 204. 205 206. 207. 507. 208. 508. 209 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 510. City town taxes 511. County Taxes 512. Assessments 210. City town taxes 211. County Taxes 212. Assessments 213. 513. 214. TAXES 1/ 1/99 to 1/28/99 137.58 514. TAXES 1/ 1/99 to 1/28/99 515. 137.58 215. 216. 516. 217. 517. 218 518. 219. 519. 220 TOTAL PAID BY /FOR BORROWER 5,137.58 520. TOTAL REDUCTION AMOUNT OUE SELLER 228.86 300. CASH AT SETTLEMENT FROM /TO BORROWER 600. CASH AT SETTLEMENT TO /FROM SELLER 601. Gross amount due to seller (line 420) 602. Less reduction amount due seller(line 520) 603. CASH (02TO) (EPROM) SELLER 1,768 220.00 228.86) 1,767,991.14 301. Gross amount due from borrower (line 120) 1,780,232.00 302. Less amount by /for 601100er(line 220)) 5,137.58 paid 303. CASH (®FROM) Oro) BORROWER 1,775,094.42 A. SETTLEMENT STATEMENT. B. TYPE OF LOAN 6. FILE NUMBER 98059514 CW 7. LOAN NUMBER 1.0 FHA 2.0 FMRA 3.0 CONV. (THINS. 4.❑ VA 5.1E CONV. INS.Cash Sale C. NOTE: THIS FORM IS FURNISHED TO GIVE YOU A STATEMENT OF ACTUAL SETTLEMENT COSTS. AMOUNTS PAID TO AND BY THE SETTLEMENT AGENT ARE SHOWN. ITEMS MARKED "LP.O.C.)" WERE PAID OUTSIDE THE CLOSING: THEY ARE SHOWN HERE FOR INFORMATIONAL PUR- POSES AND ARE NOT INCLUDED IN THE TOTALS. 0. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS OF LENDER ARNOLD TELANDER 3801 PALM VALLEY BLVD ROUND ROCK, TEXAS 78664 RRE INVESTORS, L.P. A T% LIMITED PARTNERSHIP and THE CITY OF ROUND ROCK, A HOME RULE CITY G. PROPERTY LOCATION Round Rock, Texas 78664 88.411 ACRES /PA HOLDER ABS 297 PORTION OF BLKS12,13,14 Williamson County, Texas U.S. Department of Haus• and Urban Development OMB NO. 2502 -0265 N. SETTLEMENT AGENT Alamo Title Company Claire Wolff PLACE OF SETTLEMENT One Financial Center, #150 Round Rock, Texas 78664 TAX YEAR: 1999 Substitute Form 1099- The information contained in Blacks E, G, R, and l and on ine 401 (or, if line 401 i 19 important tax information and is being furnished to the Internal Revenue Service return, negligence penalty or other sanction will be imposed on you if this item is i IRS determines that t hes pot been reported. SELLER INSTRUCTIONS: If this real estate lies your principal residence, file form 211 Residence, fo 6 any gain, with your income 0 r rn ax return; u; for other transactions, compl 4797, n / Schedule You ere required by low to provide [see box Si with your correct taxpayer identificat (see box N] with your correct taxpayer Identification umber, y^ o u may be subject to c by law end Under penaies of ptrjary, I certify that the number shown a this identification umber. t----- 38 A /pre 33 der/ /2U,, < hftpay rr ( 0 .. F{8'/ t. u ra -d as ju nM�� FOR 1099-5 INCOMES, TELEPNON . (512) 244 -2266 8. MORTGAGE INSURANCE CASE NUMBER I. SETTLEMENT DATE 1/27/1999 s asterisked, Lines 403 and 404) If you are equ'red to file a required to be reported and the 9, Sale or Exchanoe of Principal ate the applicable parts of Form V an number. If you de not provide it or criminal penalties imposed tetement t is my c payer L. SETTLEMENT ummuts 700. Total Sales Broker's Commission based on price 1 "'_ -- - - - - -- PAID FROM PAID FROM Divis'an of Commission (line 700) as follows: BORROWER'S FUNDS AT SETTLEMENT SELLER'S FUNDS AT SETTLEMENT 701. 3 t0 702.1 to 703. Commission paid at Settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITN LOAN 801. Loan Origination Fee 9 802. Loan Discount x 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Insurance,A90 i cat i on Fee to 807. Assumption Fee B08. 809. 810. 811. 812. 813. 814. REQUIRED BY LENDER TO BE PAID IN ADVANCE 900. ITEMS 901. Interest from to 21 /day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years t 904. Years Lo 905. 1000.RESERVES DEPOSITED WITH LENDER 1001.Hazard insurance 1002.Mortgage i 1003.City es praperty axes 1004.000nty property 1005 a essmen .Annual 1006.10900) Taxes 1007. 1008. 1009.Aggregate Accounting Adjustment 1100.010LE CHARGES 1101.Settlement or closing fee to 1102.Abstracc or title search to 1103.TItte t0 examination 1104.Title insurance binder t0 1105.Docunentpreparation to 1106.Notary fees t0 fees to 1107.Att Iudes above it numbers: (in 1108.T isle insurance to Alamo Title Company 11,832.00 above tmm s numbers: 2 OTPS $972,521 AND $795,699 ) (Includes 1109. Lender's co e 1 1110.OUner's coverage 51,760,220.00 ® $11,832.00 1111. Courier Fees to Alamo Title Company 15.00 1112. Escrow Fee to Alamo Title Company 150.00 1113. Tax Certificates to SMART TITLE SOLUTIONS 16.65 1114. Overnight Delivery 1115. 2ND TAX CERT to TRT 29.6 3 1116. 1200.GOVERNMENT RECORDING AND TRANSFER CHARGES 1201.Recordinq fees: Deed 1 15.00 ; Mortgsae 1 ;Releases 1 15 .00 1202.City /county /stamps: Deed 1 :Mortgage 1 1203.State tax /stamps: Deed 1 ;Mortgage 1 1204. CURATIVE DEEDS to Alamo Title Company 45.00 1205. IOHAL SETTLEMENT CHARGES 13110.00011 1301.Survey 1302.Pest inspection to 1303. 1998 CO/REM TAXES to WILLIAMSON COUNTY 325.50 (P.O.C.) (P.O.C.) 1304. 1998 ISD TAXES to ROUND ROCK ISD 1 664.63 1325. 1306. 1307. 1308. 1400.101AL SETTLEMENT CHARGES (enter on lines 103, Section J and 502, Section 9) 16, Ui2.UU 1 +• 1 have carefully reviewed the HUD-1 Settlement Statement and to the best of 0) knowledge and belief, it is a true and accurate e statement of all receipts and disbursements made n my account or by me in this transaction. 1 further certify that 1 have received a copy of the HUD -1 Settlement Statement. RRE INVESTORS, L.P. RRE HO DINGS, INC., GENERAL PARTNERS By THE By CM ar 'T"r • Seger Seller Seller Th I1 8 t tleemnt t prc • a a ue and accurate 80001,38 of this transaction. 1 have caused or will c e t tstda t9 60 St d i burled 9 ve 60 a olth thin ate0mme JAN 27 1999 0 et amen aen a WARNING: It t cr to knowingly ! a statements to the United Sta es on this er arty other imilar form. Penalties upon conviction can include • fine a t. For details see: Title 18 U.S. Code Section 1001 and Section 1010, • • Date: January ,4, 1999 Grantor: Grace Telander, a single woman Grantor's Mailing Address (including county): Grace Telander 3801 E. Palm Valley Blvd. Round Rock, Texas 78664 Williamson County Grantee: Arnold Telander Grantee's Mailing Address (including county): Arnold Telander 3801 E. Palm Valley Blvd. Round Rock, Texas 78664 Williamson County QUITCLAIM DEED Consideration: TEN AND NO /100 DOLLARS and other good and valuable consideration. Property (including any improvements): An 88.411 acre tract of land, situated in the P.A. Holder Survey, Abstract Number 297 in Williamson County, Texas, being all of tracts Two, Three and Four conveyed to Arnold Telander (Telander Tracts) by instrument recorded in Volume 2129, Page 744 of the Official Records of Williamson County, Texas and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. For the consideration Grantor quitclaims to Grantee all of Grantor's right, title, and interest in and to the property, to have and to hold it to Grantee, Grantees' heirs, executors, administrators, successors, or assigns forever. Neither Grantor nor Grantor's heirs, executors, administrators, successors, or assigns shall have, claim, or demand any right or title to the property or any part of it. When the context requires, singular nouns and pronouns include the plural. C:\R.DOCS \1CITT \PROrs4 \RRALCONI mucR.wvO/•t. 0 Telander STATE OF TEXAS COUNTY OF WILLIAMSON TERRI WOODMANCY MY OOMMISS10N EXPIRES March 27, 2001 PREPARED IN THE OFFICE OF: • • ACKNOWLEDGMENT § This instrument was acknowledged before me on January 6110, 1999, by Grace Telander. Notary Public, Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 2 State as Page 1 oft A1:16015460C0i7SDE Cdoc • EXHIBIT Ail DESCRIPTION FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS TWO, THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped W iron rod set in the northerly right -of -way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County, Texas (W.C.D.R.), being the southeast comer of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit "B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest corner hereof, an from said point a 5/8" iron rod found at the southerly most southwest corner of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C' recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 ° 37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said Highway 79; Thence, leaving the northerly right -of -way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1. N 01 °31'47" W, a distance of 793.92 feet to a ' /:" iron rod found for a angle point, 2. N 88 ° 43'56" E, a distance of 16.49 feet to a %" iron rod found for an angle point, 3. N 02 ° 09'05" W, a distance of 965.75 feet to a capped W iron rod set in the base of a 44" Live Oak Tree for an angle point, 4. N 05 °55'46" E, at a distance of 115.35 feet, pass a capped %" iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 O.R.W.C.T. same being the northeast corner of said 9.691 acre tract and the northwest corner of said Telander tracts for the northwest corner hereof; Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract 1, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46" E, a distance of 241.90 feet to a point, 2. 6 61°35'14" E, a distance of 439.40 feet to a point, 3. 6 88 °39'15" E, a distance of 137.38 feet to a point, • • 4. S 55 °29'52" E, a distance of 249.37 feet to a point, 5. N 76 ° 41'17" E, a distance of 285.33 feet to a point, 6. N 67 ° 51'17" E, a distance of 274.40 feet to a point, 7. N 34 °05'17" E, a distance of 180.91 feet to a point, 8. N 08 °57'17" E, a distance of 215.99 feet to a point, 9. N 41°42'17" E, a distance of 500.14 feet to a point, 10. N 18 °53'17" E, a distance of 249.19 feet to a point, 11.N 25 ° 07'43" W, a distance of 100.00 feet to a point, 12. N 50 ° 52'11" E, a distance of 206.39 feet to a point, 13. N 78 ° 41'34" E, a distance of 179.65 feet to a point, 14. N 56 ° 20'34" E, a distance of 75.88 feet to a point, 15. N 87 °19'34" E, a distance of 72.80 feet to a point in the west boundary line of the Joseph Marshall Survey, Abstract Number 409 same being the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the southeasterly comer of said 316.85 acre tract being the northeast corner of said Telander tracts for the northeast corner hereof; Thence, leaving said Chandler Creek and with the west boundary line of said Marshall Survey same being the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 ° 28'27" E, at a distance of 100.00 feet, pass a capped %" iron rod set for reference and continuing for a total distance of 1801.43 feet to a '' /," iron rod found in the northerly right -of -way line of said Highway 79 being the southwest corner of said Bright tract same being the southeast comer of said Telander tracts and for the southeast corner hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 °37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. The bearing basis for the above described tract is based on the Texas State Plane Coordinate System, Central Zone, NAD -83. Surveyed yaj erg the direpervisio of a undersigned: /(.1.2.17-t M. Stephen ruesdale Registered Professional Land Surveyor Number 4933 Baker- Aicklen & Assoc., Inc. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Page 2 op le11601546 oOC1L17.0P,SC; dec Date: January , 1999 Grantor: Bertil F. Telander and wife, Mary L. Telander as Trustees of the Telander Family Trust, UTD May 12, 1993 Grantor's Mailing Address (including county): Telander Family Trust, UTD May 12, 1993 Bertil F. Telander and Mary L. Telander, Trustees 100 County Road # 129 Taylor, Texas 76574 Williamson County Grantee: Arnold Telander • • Grantee's Mailing Address (including county): Arnold Telander 3801 E. Palm Valley Blvd. Round Rock, Texas 78664 Williamson County QUITCLAIM DEED Consideration: TEN AND NO /100 DOLLARS and other good and valuable consideration. Property (including any improvements): An 88.411 acre tract of land, situated in the P.A. Holder Survey, Abstract Number 297 in Williamson County, Texas, being all of tracts Two, Three and Four conveyed to Arnold Telander (Telander Tracts) by instrument recorded in Volume 2129, Page 744 of the Official Records of Williamson County, Texas and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. For the consideration Grantor quitclaims to Grantee all of Grantor's right, title, and interest in and to the property, to have and to hold it to Grantee, Grantees' _heirs, executors, administrators, successors, or assigns forever. Neither Grantor nor Grantor's heirs, executors, administrators, successors, or assigns shall have, claim, or demand any right or title to the property or any part of it. When the context requires, singular nouns and pronouns include the plural. C \WPGQCB\ACIn \PRQS34 \RBALNW[ \QC T81..WPD(sLs 1 STATE OF TEXAS COUNTY OF WILLIAMSON TERRI WOODMANCY MY COMMISSION EXPIRES March 27, 2001 STATE OF TEXAS COUNTY OF WILLIAMSON §ka TERRI WOODMANCY MY COMMISSION EXPIRES March 27, 2001 • • Bertil F. Telander, Trustee of the Telander Family Trust, UTD May 12, 1993 Mary L. Telander, Trustee of the Telander Family Trust, UTD May 12, 1993 § § § ACKNOWLEDGMENT § § ACKNOWLEDGMENT This instrument was acknowledged before me on by Bertil F. Telander, Trustee of the Telander Famil Trust 4 UTD May 12, 1993. Notary Public, State of T a This instrument was acknowledged before me on , 1999, by Mary L. Telander, Trustee of the Telander Family Trust UTD May 12, 1993. Not ary Public, State of TAxas , 1999, PREPARED IN THE OFFICE OF: • • Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: Page 1012 M.•160/5461 /)n(.' LT.SDF.Sr.dne E!HIBIT "A" DESCRIPTION FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS TWO, THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped %" iron rod set in the northerly right -of -way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County, Texas (W.C.D.R.), being the southeast corner of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit "B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest corner hereof, an from said point a 5/8" iron rod found at the southerly most southwest corner of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 ° 37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said Highway 79; Thence, leaving the northerly right -of -way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1. N 01 ° 31'47" W, a distance of 793.92 feet to a W iron rod found for a angle point, 2. N 88 ° 43'56" E, a distance of 16.49 feet to a W iron rod found for an angle point, 3. N 02 ° 09'05" W, a distance of 965.75 feet to a capped F" iron rod set in the base of a 44" Live Oak Tree for an angle point, 4. N 05 ° 55'46" E, at a distance of 115.35 feet, pass a capped W iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 O.R.W.C.T. same being the northeast corner of said 9.691 acre tract and the northwest comer of said Telander tracts for the northwest corner hereof; Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46° E, a distance of 241.90 feet to a point, 2. S 61°3514" E, a distance of 439.40 feet to a point, 3. S 88 °3915" E, a distance of 137.38 feet to a point, • 4. S 55 °29'52" E, a distance of 249.37 feet to a point, 5. N 76 ° 41'17" E, a distance of 285.33 feet to a point, 6. N 67 ° 51'17" E, a distance of 274.40 feet to a point, 7. N 34 °05'17" E, a distance of 180.91 feet to a point, 8. N 08 °57'17" E, a distance of 215.99 feet to a point, 9. N 41°42'17" E, a distance of 500.14 feet to a point, 10. N 18 ° 53'17" E, a distance of 249.19 feet to a point, 11. N 25 °07'43" W, a distance of 100.00 feet to a point, 12.N 50 ° 52'11" E, a distance of 206.39 feet to a point, 13.N 78 ° 41'34" E, a distance of 179.65 feet to a point, 14.N 56 ° 20'34" E, a distance of 75.88 feet to a point, 15. N 87 ° 19'34" E, a distance of 72.80 feet to a point in the west boundary line of the Joseph Marshall Survey, Abstract Number 409 same being the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the southeasterly comer of said 316.85 acre tract being the northeast corner of said Telander tracts for the northeast corner hereof; Thence, leaving said Chandler Creek and with the west boundary line of said Marshall Survey same being the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 ° 2827" E, at a distance of 100.00 feet, pass a capped 'A" iron rod set for reference and continuing for a total distance of 1801.43 feet to a '''A" iron rod found in the northerly right -of -way line of said Highway 79 being the southwest corner of said Bright tract same being the southeast corner of said Telander tracts and for the southeast corner hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 ° 37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. The bearing basis for the above described tract is based on the Texas State Plane Coordinate System, Central Zone, NAD -83. Surveyed ynd erg the direct s pervision of e undersigned: re / ///GCRI dG M. Stephen'fruesdale Registered Professional Land Surveyor Number 4933 Baker- Aicklen & Assoc., Inc. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Page 2 of? A1160154611)00 I.7'SDESa dnc • Date: January 27, 1999 Grantor: ARNOLD TELANDER, a single man Grantor's Mailing Address (including county): Arnold Telander 3801 E. Palm Valley Blvd. Round Rock, Texas 78664 Williamson County Grantees: CITY OF ROUND ROCK, a Texas home rule city, and RRE INVESTORS, L.P., a Texas limited partnership; as TENANTS IN COMMON. Grantee's Mailing Address (including county): City of Round Rock 221 E. Main St. Round Rock, Texas 78664 Williamson County RRE Investors, L.P. c/o Stephan Jacobs Locke Liddell & Sapp, L.L.P. 600 Travis, 32nd Floor Houston, Texas 77002 Harris County CASE WARRANTY DEED Consideration: TEN AND NO /100 DOLLARS and other good and valuable consideration. Property (including any improvements): An 88.411 acre tract of land, situated in the P.A. Holder Survey, Abstract Number 297 in Williamson County, Texas, being all of tracts Two, Three and Four conveyed to Arnold Telander (Telander Tracts) by instrument recorded in Volume 2129, Page 744 of the Official Records of Williamson County, Texas and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein. Cr\ xccmCSW31Y\c10.734\aenccom'\ua® 18L.MFD /B10 1 • • Reservations From and Exceptions to Conveyance and Warranty: 1. rt/r/a'zfgdi/ /s' 4/a'2 4tWV'd ed 4kLid .646e'r/ e .Q'ddvain /, /e666Wd''d i/ ' 7 6W, P'g66 /3'7t , E5441:2( W'i'X164.¢(g6h (2'4666 T/kWgf He • • 2. Telephone easement granted to Southwestern Bell Telephone Company, recorded in Volume 639, Page 597, Deed Records of Williamson County, Texas; 3. Telephone easement granted to Southwestern Bell Telephone Company, recorded in Volume 639, Page 599, Deed Records of Williamson County, Texas; 4. Underground telecommunication system easement granted to Southwestern Bell Telephone Company, recorded in Volume 650, page 1, Deed Records of Williamson County, Texas; and 5. Waterline easement granted to the City of Round Rock, recorded in Volume 2543, Page 687, Official Records of Williamson County, Texas. 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 Grantees, as TENANTS IN COMMON, the Property in the following percentages of interest: Forty -five percent(45%) undivided interest to the CITY OF ROUND ROCK, and Fifty - five percent (55 %) undivided interest to RRE INVESTORS, L.P.; together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantees, Grantees' respective 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 Grantees, and Grantees' respective 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. 2 Arnold Telander STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on January 27, 1999, by Arnold Telander. CLAIRE WOLFF Notary Public, Sfata of Texas My Comm oIon Expiry MAY 22, 1999 PREPARED IN THE OFFICE OF: Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main St. Round Rock, Texas 78664 AFTER RECORDING RETURN TO: • • ACKNOWLEDGMENT § § A l AW I . ;:dik Notary Public, State o£ tl _ 3 Page 1 oft M.• 160154 1DDrLTSDESC. doe !H I BIT "A" • DESCRIPTION FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS TWO THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS (O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped %" iron rod set in the northerly right-of-way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records cif Williamson County, Texas (W.C.D.R.), being the southeast comer of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest comer hereof, an from said point a 518" iron rod found at the southerly most southwest comer of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 ° 37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said Highway 79; Thence, leaving the northerly right-of -way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary Tine of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1. N 01°31'47" W, a distance of 793.92 feet to a 34" iron rod found for a angle point, 2. N 88 ° 43'56" E, a distance of 16.49 feet to a %" iron rod found for an angle point, 3. N 02 ° 09'05" W, a distance of 965.75 feet to a capped 4° iron rod set in the base of a 44° Live Oak Tree for an angle point, 4. N 05 ° 55'46" E, at a distance of 115.35 feet, pass a capped %' iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 O.R.W.C.T. same being the northeast corner of said 9.691 acre tract and the northwest comer of said Telander tracts for the northwest comer hereof; Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46" E, a distance of 241.90 feet to a point, 2. S 61°35'14" E, a distance of 439.40 feet to a point, 3. S 88 °39'15° E, a distance of 137.38 feet to a point, • • 4. S 55 ° 29'52' E, a distance of 249.37 feet to a point, 5. N 76 °41'17" E, a distance of 285.33 feet to a point, 6. N 6751'17" E, a distance of 274.40 feet to a point, 7. N 34°05'17" E, a distance of 180.91 feet to a point, 8. N 08 ° 57'17" E, a distance of 215.99 feet to a point, 9. N 41 E, a distance of 500.14 feet to a point, 10. N 18 °53'17" E, a distance of 249.19 feet to a point, 11.N 25 ° 07'43" W, a distance of 100.00 feet to a point, 12. N 50 °52'11' E, a distance of 206.39 feet to a point, 13.N 78 ° 41'34' E, a distance of 179.65 feet to a point, 14. N 56 ° 20'34" E, a distance of 75.88 feet to a point, 15. N 8719'34' E, a distance of 7180 feet to a point in the west boundary line of the Joseph Marshall Survey, Abstract Number 409 same being the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the southeasterly comer of said 316.85 acre tract being the northeast corner of said Telander tracts for the northeast corner hereof; Thence, leaving said Chandler Creek and with the west boundary line of said Marshall Survey same being the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 ° 28'27" E, at a distance of 100.00 feet, pass a capped 74" iron rod set for reference and continuing for a total distance of 1801.43 feet to a onrod found in the northerly right-of-way line of saidH Highway 79 being the southwest corner of said Bright tract same being the southeast comer of said Telander tracts and for the southeast comer hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 ° 37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. The bearing basis for the above described tract is based on the Texas State Plane Coordinate System, Central Zone, MAD-83. Surfed up er g the dire pervisir ji of e undersigned: M. Stephenlruesdale Registered Professional Land Surveyor Number 4933 Baker- Aicklen & Assoc., Inc. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Page 2 oft ) i TSDF.S[:;doe eats Buyer(s) and Seller(s) hereby acknowledge that the above- referenced transaction has not yet "closed ". Buyer(s) do not take possession of the property until the following conditions are met: BY: a) all title requirements are completed to the satisfaction of Alamo Title Company b) all necessary documents are properly executed, reviewed, and accepted by the parties to the transaction and by Alamo Title Company c) all funds are collected and delivered to and accepted by the parties to whom they are due; and d) all necessary documents are filed of record in the appropriate public records. Buyer(s) and Seller(s) acknowledge that neither Alamo Title Company NOR ITS UNDERWRITER are under any obligation to defend possession of the subject property or to insure title to the subject property until such time as the above - stated requirements are fulfilled. RRE I STO RRE BY L.P. THE C YJ OF'O pCK ENT CHARLES CULPE PER, MAYOR /�..�,. ♦ L r - elm ARNOLD TELANDER Alamo Title Company A member of the Fidelity National Croup of Companies CLOSING CERTIFICATE ENERAL PARTNER DATE: DATE: DATE: DATE: JAN 2 7 1999 DATE: JAN 2 7 1999 DATE : JAN 2 7 1999 1.5 1717 IH 35 North, Suite 150 • Round Rock, TX 78664 • 512.244.2266 • 512.244.1001 (fax) www alamotitle- austin.com • EXHIBIT A Page 1 of 3 • FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS TWO, THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped Y." iron rod set in the northerly right -of -way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County, Texas (W.C.D.R.), being the southeast corner of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit "B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest corner hereof, an from said point a 5/8" iron rad found at the southerly most southwest corner of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 °37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said Highway 79; Thence, leaving the northerly right -of -way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1. N 01 °31'47" W, a distance of 793.92 feet to a' /z" iron rod found for a angle point, 2. N 88 °43'56" E, a distance of 16.49 feet to a 'A" iron rod found for an angle point, 3. N 02 °09'05" W, a distance of 965.75 feet to a capped 'A" iron rod set in the base of a 44" Live Oak Tree for an angle point, 4. N 05 °55'46" E, at a distance of 115.35 feet, pass a capped' /z" iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 O.R.W.C.T. same being the northeast comer of said 9.691 acre tract and the northwest comer of said Telander tracts for the northwest corner hereof; • EXHIBIT A • Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46" E, a distance of 241.90 feet to a point, 2. S 61°35'14" E, a distance of 439.40 feet to a point, 3. S 88 °39'15" E, a distance of 137.38 feet to a point, 4. S 55 °29'52" E, a distance of 249.37 feet to a point, 5. N 76 °41'17" E, a distance of 285.33 feet to a point, 6. N 67 °51'17" E, a distance of 274.40 feet to a point, 7. N 34 °05'17" E, a distance of 180.91 feet to a point, 8. N 08 °57'17" E, a distance of 215.99 feet to a point, 9. N 41 °42'17" E, a distance of 500.14 feet to a point, 10.N 18 °53'17" E, a distance of 249.19 feet to a point, 11.N 25 °07'43" W, a distance of 100.00 feet to a point, 12.N 50 °52'11" E, a distance of 206.39 feet to a point, 13. N 78 °41'34" E, a distance of 179.65 feet to a point, 14. N 56 °20'34" E, a distance of 75.88 feet to a point, 15. N 87 °19'34" E, a distance of 72.80 feet to a point in the west boundary line of the Joseph Marshall Survey, Abstract Number 409 same being the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the southeasterly comer of said 316.85 acre tract being the northeast comer of said Telander tracts for the northeast comer hereof; Page 2 of 3 • EXHIBIT A • Thence, leaving said Chandler Creek and with the west boundary line of said Marshall Survey same being the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 °2827° E, at a distance of 100.00 feet, pass a capped'." iron rod set for reference and continuing for a total distance of 1801.43 feet to a 'h" iron rod found in the northerly right -of -way line of said Highway 79 being the southwest comer of said Bright tract same being the southeast comer of said Telander tracts and for the southeast comer hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 °37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. Page 3 of 3 GFr*98059514 Alamo Title Company A member of the Fidelity National Group of Companies AGRICULTURAL EXEMPTION AWARENESS LETTER 88.411 ACRES /PA HOLDER ABS 297 We, the underesigned, hereby acknowledge that Alamo Title Company , has disclosed that the property being conveyed on this date has a history of Agricultural Use. The Tax Appraisal District has an agriculture exemption on file for the current tax year on said property. If any future exemptions are granted it will be the current Owners responsibility to file any necessary applications We also understand that the land being conveyed could be assessed a rollback tax upon sale of the land or changing its use to a non- agricultural use, and the Owner who changes the use of the land will re- ceive the bill for the rollback taxes. EXECUTED THIS 27th of January , 1999 SELLER(S): BUYER(S): ARNOLD TELANDER RRE INVESTORS, L.P. A TX LIMITED PARTNERSHIP and THE CITY OF ROUND ROCK, A HOME RULE CITY RRE INVESTORS, L.P. 16.12 RRE H•LDINGS, INC., GENERAL PARTNER oripocx F CHARLES C d/t TER/, MAYOR By THE 1717 IH 35 North, Suite 150 • Round Rock, TX 78664 • 512.244.2266 • 512.244.1001 (fax) www.alamotitle- austin.com • EXHIBIT A Page I_ of 3 FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS TWO, THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped W iron rod set in the northerly right -of -way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County, Texas (W.C.D.R.), being the southeast corner of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit "B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest corner hereof, an from said point a 5/8" iron rod found at the southerly most southwest corner of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 °37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said Highway 79; Thence, leaving the northerly right -of -way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1. N 01 °31'47" W, a distance of 793.92 feet to a '/2" iron rod found for a angle point, 2. N 88 °43'56" E, a distance of 16.49 feet to a %_" iron rod found for an angle point, 3. N 02 °09'05" W, a distance of 965.75 feet to a capped %" iron rod set in the base of a 44" Live Oak Tree for an angle point, 4. N 05 °55'46" E, at a distance of 115.35 feet, pass a capped W iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 O.R.W.C.T. same being the northeast comer of said 9.691 acre tract and the northwest comer of said Telander tracts for the northwest comer hereof; ° EXHIBIT A Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46" E, a distance of 241.90 feet to a point, 2. S 61 °35'14" E, a distance of 439.40 feet to a point, 3. S 88 °39'15" E, a distance of 137.38 feet to a point, 4. S 55 °29'52" E, a distance of 249.37 feet to a point, 5. N 76 °41'17" E, a distance of 285.33 feet to a point, 6. N 67 °51'17" E, a distance of 274.40 feet to a point, 7. N 34 °05'17" E, a distance of 180.91 feet to a point, 8. N 08 °57'17" E, a distance of 215.99 feet to a point, 9. N 41°42'17" E, a distance of 500.14 feet to a point, 10. N 18°53'17' E, a distance of 249.19 feet to a point, 11.N 25 °07'43" W, a distance of 100.00 feet to a point, 12. N 50 °52'11" E, a distance of 206.39 feet to a point, 13.N 78 °41'34" E, a distance of 179.65 feet to a point, 14. N 56 °20'34" E, a distance of 75.88 feet to a point, 15. N 87 °19'34" E, a distance of 72.80 feet to a point in the west boundary line of the Joseph Marshall Survey, Abstract Number 409 same being the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the southeasterly comer of said 316.85 acre tract being the northeast comer of said Telander tracts for the northeast comer hereof; Page 2 of 3 • EXHIBIT A Page 3 of 3 Thence, leaving said Chandler Creek and with the west boundary line of said Marshall Survey same being the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 °28'27" E, at a distance of 100.00 feet, pass a capped 'A" iron rod set for reference and continuing for a total distance of 1801.43 feet to a ' /s" iron rod found in the northerly right -of -way line of said Highway 79 being the southwest comer of said Bright tract same being the southeast corner of said Telander tracts and for the southeast comer hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 °37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. • • AFFIDAVIT AS TO DEBTS AND LIENS Alamo Title Company #: 98059514 - 16 Seller(s): ARNOLD TELANDER Purchaser(s): RRE INVESTORS, L.P. A TX LIMITED PARTNERSHIP and THE CITY OF ROUND ROCK, A HOME RULE CITY Lender: Street Address of Property: , Round Rock, Texas 78664 Property Legal Description: SEE ATTACHED The undersigned affiant(s), after being duly sworn hereby state(s) under oath that the following information k true and correct:; 1. PURPOSE OF AFFIDAVIT. This affidavit is made to Alamo Title Company, lender, and other persons named above as an inducement to them to complete a transaction in connection with the above described property. The undersigned acknowledges that Alamo Title Company, lender, and other persons are relying upon the representations in this affidavit as being true and correct and that the transaction would not be consummated without this affidavit being executed. The undersigned represents that he or she is the person whose signature is affixed below and, if applicable, that he or she is duly authorized to execute this affidavit. 2. DEBTS OR LIENS. Except as indicated below, there are no loans, tax liens, or other real estate liens on the above described real property. The exceptions are: EXISTING CREDITOR APPROXIMATE AMOUNT,. 001\ fe '/Er 3. IMPROVEMENT DEBTS OR LIENS. Except as indicated below, there are no unpaid debts on any of the following items which may be remaining on the property: plumbing fixtures, water heaters, floor furnaces, air -con- ditioner radio or television antennae, carpeting rugs, lawn sprinkling systems venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are attached to or a part of the subject property described above, and there are no security interests on such property secured by financing statements, security agreements or other- wise, nor any bills or contracts outstanding for materials furnished and labor performed in connection with any construction or improvements on the above property. The exceptions are: EXI TING CREDITOR APPROXIMATE AMOUNT o 4. PAVING LIENS. Affiant has received no notice of any paving liens or paving claims still outstanding against the property. There are no petitions for the paving of streets, alleys, or sidewalks adjoining this property which are known to the undersigned. 5. BANKRUPTCY. There are no proceedings in bankruptcy or receivership that have been instituted by or against the undersigned. No assignment for the benefit of creditors has been made by the undersigned. The undersigned acknowledges that bankruptcy of the undersigned will not discharge any liabilities to Alamo Title Company, lender, or other persons named above which arise out of false or fraudulent representations in this affidavit. 6. CONDOMINIUM DECLARATION (APPLICABLE ONLY FOR CONDOMINIUMS AND TOWNHOUSES). If the property is subject to condominiums or townhouse covenants, conditions or restrictions, all past and current assessments and dues assessed by the owners' association created by the condominium or townhouse regime have been paid in full. 7. CIVIL LIABILITY. The undersigned individually and as agent for the seller or borrower named above, is liable to ALAMO TITLE COMPANY, lender, and other persons relying on this affidavit for (1) payment of any unpaid debts or liens on the property not disclosed above, and (2) attorneys fees and expenses incurred in enforcing such liability. 8. CRIMINAL LIABILITY. The undersigned has been notified that a false or fraudulent representation knowingly made by the undersigned in this affidavit may constitute a felony under Texas Penal Code Sections 31.03 (theft) and 32.46 (securing document by fraud). Please execute separate affidavit for each grantor signing an instrument of conveyance or indebtedness, unless grantors are husband and wife. ANDER ARNOLD TE STATE OF TEXAS )( COUNTY OF WILLIAMSON Before me the undersigned authority this day appeared ARNOLD TELANDER who, after being duly sworn, stated uponbath that foregoing was true and correct. Sworn to before hj 2 7 day o /14 -- 1999. 3LI NO STATE OF TEXAS )( COUNTY OF WILLIAMSON Before me the undersigned authori who, after being duly sworn, stated upon oath that the foregoing was true and correct, Sworn to before me this day of ,1999. STATE OF / COUNTY OF / Before me the undersigned authority on this day appeared /, / of /, a / Corporation. who; after being duly sworn, stated upon oath that the foregoing was true and correct. Sworn to before me this _ day of 1999. 1.6 • • CLAIRE WOLFF Notary Public. Stale el Texas My Commssin Expires MAY 2,1999 NOTARY PUBLIC NOTARY PUBLIC • EXHIBIT A Page 1 of 3 FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS TWO, THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped W iron rod set in the northerly right -of -way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County, Texas (W.C.D.R.), being the southeast corner of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit "B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest comer hereof, an from said point a 5/8" iron rod found at the southerly most southwest corner of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 °37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said Highway 79; Thence, leaving the northerly right -of -way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1. N 01 °31'47" W, a distance of 793.92 feet to a %2" iron rod found for a angle point, 2. N 88 °43'56" E, a distance of 16.49 feet to a '/" iron rod found for an angle point, 3. N 02 °09'05" W, a distance of 965.75 feet to a capped 1 /2" iron rod set in the base of a 44" Live Oak Tree for an angle point, 4. N 05 °55'46" E, at a distance of 115.35 feet, pass a capped' /" iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 O.R.W.C.T. same being the northeast comer of said 9.691 acre tract and the northwest comer of said Telander tracts for the northwest corner hereof; • EXHIBIT A Page 2 of 3 Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46" E, a distance of 241.90 feet to a point, 2. S 61 °35'14" E, a distance of 439.40 feet to a point, 3. S 88 °39'15" E, a distance of 137.38 feet to a point, 4. S 55 °29'52" E, a distance of 249.37 feet to a point, 5. N 76 °41'17" E, a distance of 285.33 feet to a point, 6. N 67 °51'17" E, a distance of 274.40 feet to a point, 7. N 34 °05'17" E, a distance of 180.91 feet to a point, 8. N 08 °57'17" E, a distance of 215.99 feet to a point, 9. N 41 °42'17" E, a distance of 500.14 feet to a point, 10. N 18 °53'17" E, a distance of 249.19 feet to a point, 11.N 25 °07'43" W, a distance of 100.00 feet to a point, 12. N 50 °52'11" E, a distance of 206.39 feet to a point, 13. N 78 °41'34" E, a distance of 179.65 feet to a point, 14. N 56 °20'34" E, a distance of 75.88 feet to a point, 15. N 87 °19'34" E, a distance of 72.80 feet to a point in the west boundary line of the Joseph Marshall Survey, Abstract Number 409 same being the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the southeasterly comer of said 316.85 acre tract being the northeast comer of said Telander tracts for the northeast corner hereof; • EXHIBIT A Thence, leaving said Chandler Creek and with the west boundary line of said Marshall Survey same being the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 °28'27" E, at a distance of 100.00 feet, pass a capped W iron rod set for reference and continuing for a total distance of 1801.43 feet to a IA" iron rod found in the northerly right -of -way line of said Highway 79 being the southwest corner of said Bright tract same being the southeast comer of said Telander tracts and for the southeast comer hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 °37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. Page 3 of 3 STATE OF TEXAS COUNTY OF Williamson BEFORE ME, the undersigned authority personally appeared ARNOLD TELLNDER who being duly sworn, deposes and says: I acquired title to the property referred to in the Commitment issued in the above referenced G.F. Number on the following property: APPROXIMATELY 88.411 ACRES of land out of the P. A. Holder League, Abstract No. 297, situated in Williamson County, Texas. Said 88.411 acres, mo re or less, being a portion of Blocks 12, 13 and 14 of the S. M. Swenson Subdivision in Williamson County, Texas recorded in Volume 13, page 119, Deed Records of Williamson County, Texas. Same being a portion of the land described in Volume 2129, Page 744, Official Records of Williamson County, Texas. Said 88.411 acres, ore or less, being more particularly described in Exhibit "A" attached hereto. 6.1 At the time I acquired this property, I was (lh Single ( ) Married to From the time I acquired the property to the present time, I have M' R emained single ( ) Remained married to ( ) Divorced (Specify when, where and from whom) ( ) Other (Specify, i.e . widowed, etc.) I make these statements knowing full well that Alamo Title Company relies on the accuracy thereof for the purposes of issuing a policy or policies of title insurance in connection with the above referenced G.F. Number. OLD TELAND R SWORN TO AND SUBSCRIBED before me by the said ARNOLD TEALANDER this 27 day of JANUARY, 1999. CLAIRE WOLFF Nolery Publk, SSO of TBne *Commiuien&p. MAY22, 1999 MARITAL STATUS AFFIDAVIT • For use in connection with: GF# 98059514 January 27, 1999 RRE INVESTORS, L.P. A TX LIMITED PARTNERSHIP and THE CITY OF ROUND ROCK, A HOME RULE CITY OLD TELANDER 1.10 TAX PRORATION AGREEMENT By THE * *ALWAYS =ACE EMMETT °A* ** Property taxes for the current year have been prorated between Buyer(e) and Seller(s). Buyer(s) and Seller(s) acknowledge that these prorations were based on either the tax amounts for the preceding years or estimates of the appraised value and /or tax rates for the current year. Any default in delinquent taxes will be reimbursed to Alamo Title Company by Seller(s). When the actual tax amounts are released (sometime after October 1), Buyer(s) and Seller(s) will make any necessary re- proration . Buyer(s) and Seller(s) will not hold Alamo Title Company liable for those re- prorations. The attached EXHIBIT "A" is the information supplied to Alamo Title Company and used for the proration of the taxes on the settlement statement. RRE INVESTORS, L.P. RRE R DIN S, C., GENERAL PARTNER ALi ;ROCK B 97" r i ✓' { / CHARLES CULP PP , MAYOR NOTICE - FOR YOUR INFORMATION - Property owners n Texas could be entitled to an exemption from part of the real estate taxes under certain circumstances. This could mean a reduction in the amount of tax to be paid on your property. To benefit from this it is required that YOU make any claims for exemptions on a form that can be provided by your tax collector. Your lender cannot claim an exemption for you even though they may actually make payment to the taxing offices from an escrow reserve account, The owner of the property on JANUARY 1ST should make any claim for exemption for the year by APRIL 1ST of that year. • EXHIBIT A Page 1. of 3 FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 N WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS TWO, THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped Yz" iron rod set in the northerly right -of -way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County, Texas (W.C.D.R.), being the southeast corner of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit "B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest corner hereof, an from said point a 518" iron rod found at the southerly most southwest corner of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 °37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said Highway 79; Thence, leaving the northerly right -of -way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1. N 01°31'47" W, a distance of 793.92 feet to a 1 /" iron rod found for a angle point, 2. N 88 °43'56" E, a distance of 16.49 feet to a Y" iron rod found for an angle point, 3. N 02 °09'05" W, a distance of 965.75 feet to a capped 1 /" iron rod set in the base of a 44" Live Oak Tree for an angle point, 4. N 05 ° 55'46" E, at a distance of 115.35 feet, pass a capped'/" iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 O.R.W.C.T. same being the northeast corner of said 9.691 acre tract and the northwest comer of said Telander tracts for the northwest corner hereof; • EXHIBIT A Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46" E, a distance of 241.90 feet to a point, 2. S 61 °35'14" E, a distance of 439.40 feet to a point, 3. S 88 °39'15" E, a distance of 137.38 feet to a point, 4. S 55 °29'52" E, a distance of 249.37 feet to a point, 5. N 76 °41'17" E, a distance of 285.33 feet to a point, 6. N 67 °51'17" E, a distance of 274.40 feet to a point, 7. N 34 °05'17" E, a distance of 180.91 feet to a point, 8. N 08 °57'17" E, a distance of 215.99 feet to a point, 9. N 41 °42'17" E, a distance of 500.14 feet to a point, 10. N 18 °53'17" E, a distance of 249.19 feet to a point, 11.N 25 °07'43" W, a distance of 100.00 feet to a point, 12. N 50 °52'11" E, a distance of 206.39 feet to a point, 13.N 78 °41'34" E, a distance of 179.65 feet to a point, 14. N 56 °20'34" E, a distance of 75.88 feet to a point, 15. N 87 °19'34" E, a distance of 72.80 feet to a point in the west boundary line of the Joseph Marshall Survey, Abstract Number 409 same being the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the southeasterly comer of said 316.85 acre tract being the northeast comer of said Telander tracts for the northeast comer hereof; Page 2 of 3 • EXHIBIT A Thence, leaving said Chandler Creek and with the west boundary line of said Marshall Survey same being the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 °28'27" E, at a distance of 100.00 feet, pass a capped '/z" iron rod set for reference and continuing for a total distance of 1801.43 feet to a ' /z" iron rod found in the northerly right -of -way line of said Highway 79 being the southwest comer of said Bright tract same being the southeast comer of said Telander tracts and for the southeast comer hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 °37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. Page 3 of 3 Round Rock, TEXAS DATE: 1/27/99 ALAMO TITLE INSURANCE WA OF INSPECTION AND DISCLOSURE TO ER ALAMO TITLE INSURANCE GF: 95059514 1. WAIVER OF INSPECTION. You may refuse to accept an Exception to "Rights of Parties in Possession." "Rights of Parties in Possession" means one or mre persons who are themselves actually physically occupying the land or a portion on thereof under a claim of right adverse to the record owner of the land as shown in Schedule A of the Policy. The Company may require an inspection and additional charge for reasonable and actual costs to inspect. The Company may make additional Exceptions for matters an inspection r eals. If you do not delete this paragraph, you consent to this Exception and waive inspection of the land. YOU MAY REFUSE TO ACCEPT THIS EXCEPTION BY MARKING OUT THIS PARAGRAPH 1. 2. RECEIPT OF COMMITMENT. You acknowledge having received and reviewed a copy of the Title Commitment ued in nnection with this transaction. You under- stand that your Owner Policy will contain the Exceptions set forth in Schedule B of the Commitment, and any additional Exceptions to title resulting from the documents involved in this transaction, and any additional Exceptions reflec- ted by an exhibit attached hereto. 3. SURVEY. You may request a m endment of the "Area and Boundary Exception" to read "Shortages in Area." The Area and Boundary Exception is as follows: "Any discrepancies, conflicts, or shortages in r boundary lines, or any encroachments, or protrusions, or any overlapping of improvements." You must furnish a current survey. The s vey must be acceptable to the Company. You also must pay an additional premium equal to 158 of the basic premium charge. The Company may make additional exceptions for items shown on the survey. YOU MAY REQUIRE AMENDMENT OF THE AREA AND BOUNDARY EXCEPTION BY MARKING OUT THIS PARAGRAPH 3 AND BY COMPLYING WITH ITS PROVISIONS BEFORE COMPLETION OF THIS CLOSING. 4. ARBITRATION. * *THIS OPTION DOES NOT APPLY TO 1 -4 FAMILY RESIDENTIAL POLICIES ** You may require deletion of the arbitration provision of the Owner Title Policy (Form T -1) If you do not detete this provision, either you or the Company may require arbitration, if the law allows. There is no charge to delete this provision. YOU MAY REQUIRE DELETION OF THE ARBITRATION PROVISION BY MARKING OUT THIS PARAGRAPH 4. 5. NOTICE. You may wish to consult an attorney to discuss matters shown on Schedule B or C of the Commitment. These matters will affect your title and use of your land. Your Title insurance Policy will be a legal contract between you and the Company. The Commitment and Policy are not abstracts of title, title reports or representations of title. They are contracts of indemnity. We do not represent that your intended use of the property is allowed under the law or in the restrictions on your land. Mailing Address ARE INVESTORS, L.P. A TX Telephone Number 1.9 LIMITED PARTNERSHIP and THE CITY OF ROUND ROCK, A HOME RULE CITY RRE INVESTORS, L.P. RRE N IN NC., GENERAL PARTNER -774 77olippr THE 8 CHARLES CULPr '9 ', MAYOR GF# 98059514 THE STATE OF TEXAS COUNTY OF WILLIAMSON 14.2 • • NON FOREIGN PERSON AFFIDAVIT BEFORE ME, the undersigned authority and notary public in and for state and county aforesaid, on this day personally appeared ARNOLD TELANDER ( ^Affiant ^), to me well known, and who, after being by me duly sworn, did depose and state that: 1. I am not a nonresident alien for purposes of U.S. income taxation; M 2. U.,,,S y_. taxpayer identifying number (Social Security number) is: 3. My home address is 1 " , CLAIRE WOLFF 1.4(1_,):) Nolery FWllo.'IOI�oftaus IA AY 22, 190 MAY 22.1929 �i ‘<,1 ARNOLD TELANDER UotiutiA NOTARY PUBLIC I understand that this certification may be disc osed to the Internal Revenue Service by the transferee and that any false statement I have made here could be punished by fine, imprisonment or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete. 2 7 SWORN TO AND SUBSCRIBED BEFORE ME BY THE SAID ARNOLD TELANDER on this day of JAN , 1999 . • EXHIBIT A Page 1 of 3 FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS TWO, THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped' /" iron rod set in the northerly right -of -way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County, Texas (W.C.D.R.), being the southeast corner of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit "B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest corner hereof, an from said point a 5/8" iron rod found at the southerly most southwest corner of a called 101.110 acre tract conveyed to The Ofd Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 °37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said Highway 79; Thence, leaving the northerly right -of -way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1. N 01 °31'47" W, a distance of 793.92 feet to a '/" iron rod found for a angle point, 2. N 88 °43'56" E, a distance of 16.49 feet to a 1 /2" iron rod found for an angle point, 3. N 02 °09'05" W, a distance of 965.75 feet to a capped %a" iron rod set in the base of a 44" Live Oak Tree for an angle point, 4. N 05 ° 55'46" E, at a distance of 115.35 feet, pass a capped' /" iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 O.R.W.C.T. same being the northeast comer of said 9.691 acre tract and the northwest comer of said Telander tracts for the northwest corner hereof; EXHIBIT A Page 2 of 3 Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46" E, a distance of 241.90 feet to a point, 2. S 61 °35'14" E, a distance of 439.40 feet to a point, 3. S 88 °39'15" E, a distance of 137.38 feet to a point, 4. S 55 °29'52" E, a distance of 249.37 feet to a point, 5. N 76 °41'17" E, a distance of 285.33 feet to a point, 6. N 67 °51'17" E, a distance of 274.40 feet to a point, 7. N 34 °05'17" E, a distance of 180.91 feet to a point, 8. N 08 °57'17" E, a distance of 215.99 feet to a point, 9. N 41 "42'17" E, a distance of 500.14 feet to a point, 10. N 18 °53'17" E, a distance of 249.19 feet to a point, 11. N 25 °07'43" W, a distance of 100.00 feet to a point, 12. N 50 °52'11" E, a distance of 206.39 feet to a point, 13. N 78 °41'34" E, a distance of 179.65 feet to a point, 14. N 56 °20'34" E, a distance of 75.88 feet to a point, 15. N 87 °19'34" E, a distance of 72.80 feet to a point in the west boundary line of the Joseph Marshall Survey, Abstract Number 409 same being the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the southeasterly comer of said 316.85 acre tract being the northeast comer of said Telander tracts for the northeast comer hereof; • EXHIBIT A Page 3 of 3 Thence, leaving said Chandler Creek and with the west boundary line of said Marshall Survey same being the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 °28'27" E, at a distance of 100.00 feet, pass a capped W iron rod set for reference and continuing for a total distance of 1801.43 feet to a W iron rod found in the northerly right -of -way line of said Highway 79 being the southwest corner of said Bright tract same being the southeast comer of said Telander tracts and for the southeast comer hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 °37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. The real property, described below, which you are about to purchase is located in the BRUSHY CREEK WATER CONTROL fi IMPROVEMENT DIST #1. The District has taxing authority separate from any other taxing authority, other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the district on real property located in the District is $0.00 on ach $100 of assessed valuation. If the district has not levied taxes, the most recent projected rate of debt service tax, as of this date, is $0.00 on each $100.00 of assessed valuation. The total amount of bonds which has been approved by the voters and which have been or may, at this date, be issued is $0.00, and the aggregate initial principal amounts of all bonds issued for one or of the specified facilities of the District and payable in whole or in part from property taxes is $145,000.00. The District has the authority to adopt and impose a standby fee on property in the District that has water, sewer, sanitary, or drainage facilities, or other services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity available to the property. The district may exercise the authority without holding an election on the matter. As of this date, the amount of the standby fee is $00.00. An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the aunt, if any, of unpaid standby fees on a tract of property in the district. The purpose of this district is to provide water, sewer, drainage, or flood control facilities and services within the district through the issuance of bonds payable in whole or n part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are wned or to be owned by the district. The legal description of the property which you are acquiring is as follows: APPROXIMATELY 88.411 ACRES of land out of the P. A. Holder League, Abstract No. 297, situated in Williamson County, Texas. Said 88.411 a more re or less, being a portion of Blocks 12, 13 and 14 of the S. Swenson Subdivision in Williamson County, Texas recorded in Volume 13, page 119, Deed Records of Williamson County, Texas. Same being a portion of the land described in Volume 2129, Page 744, Official Records of Williamson County, Texas. Said 88.411 acres, more or less, being more particularly described in Exhibit "A" attached hereto. Signature of Seller(s): rie ARNOLD TELANDER • • NOTICE TO PURCHASERS OF REAL PROPERTY Date: JAN 2 71999 Date: Date: Date: PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE HY THE DISTRICr ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TA% RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersi9• purchaser hereby acknowledges receipt oIe foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of the purchase of the real property. Signature of Buyer(s): State of Te RRE INVESTORS, L.P. RRE H'LDI' S, INC., GENERAL PARTNER CHARLES CULP State of Texas County of WILLIAMSON This instrument was acknowledged before me on the 2 7 day of JAN 1999 by ARNOLD TELANDER , County of WILLIAMSON CLAIRE WOLFF 00109 MAN, Sims el Tess My Cemmlu,ce Espees MAY 22, 1999 This instrument was acknowledged before me on the 27 day of JAN 1999 by RRE INVESTORS, L.P. A TX , LIMITED PARTNERSHIP and ,THE CITY OF ROUND ROCK, A , HOME RULE CITY. State of 1ep County of l/Ud(I6YVl5DY1 This instrument was ac e the 1999 by • , - '_wof; CLAIRE WOLFF + 1 Notary PAM. 91MsW Imo I' y0 / My Comma" Frpnee '� i.g AY M 22, 1999 1.17 no b m n e o Notary Public, Stat =S:© e xaS Notary Public, State of Texas ' 7 1 1? y Notary Public, S Date JAN 2 71999 Date JAN 2 7 1999 • EXHIBIT A Page iof3 FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON COUNTY, TEXAS BEING ALL OF TRACTS TWO, THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped' /" iron rod set in the northerly right -of -way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County, Texas (W.C.D.R.), being the southeast corner of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit "B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest comer of said Telander tracts for the southwest corner hereof, an from said point a 5/8" iron rod found at the southerly most southwest corner of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 °37'48" W, a distance of 1098.43 feet with the northerly right -of -way Tine of said Highway 79; Thence, leaving the northerly right -of -way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1. N 01 ° 31'47" W, a distance of 793.92 feet to a ' /2" iron rod found for a angle point, 2. N 88 °43'56" E, a distance of 16.49 feet to a %" iron rod found for an angle point, 3. N 02 °09'05" W, a distance of 965.75 feet to a capped '/" iron rod set in the base of a 44" Live Oak Tree for an angle point, 4. N 05 °55'46" E, at a distance of 115.35 feet, pass a capped' /" iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 0. R.W. C.T. same being the northeast comer of said 9.691 acre tract and the northwest comer of said Telander tracts for the northwest corner hereof; • EXHIBIT A Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46" E, a distance of 241.90 feet to a point, 2. S 61°35'14" E, a distance of 439.40 feet to a point, 3. S 88 °39'15" E, a distance of 137.38 feet to a point, 4. S 55 °29'52" E, a distance of 249.37 feet to a point, 5. N 76 °41'17" E, a distance of 285.33 feet to a point, 6. N 67 °51'17" E, a distance of 274.40 feet to a point, 7. N 34 °05'17" E, a distance of 180.91 feet to a point, 8. N 08 °57'17" E, a distance of 215.99 feet to a point, 9. N 41 °42'17" E, a distance of 500.14 feet to a point, 10. N 18 °53'17" E, a distance of 249.19 feet to a point, 11.N 25 °0743" W, a distance of 100.00 feet to a point, 12. N 50 °52'11" E, a distance of 206.39 feet to a point, 13. N 78 °41'34" E, a distance of 179.65 feet to a point, 14.N 56 °20'34" E, a distance of 75.88 feet to a point, 15. N 87 °19'34" E, a distance of 72.80 feet to a point in the west boundary line of the Joseph Marshall Survey, Abstract Number 409 same being the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D.R. at the southeasterly comer of said 316.85 acre tract being the northeast comer of said Telander tracts for the northeast corner hereof; Page 2 of 3 • EXHIBIT A Thence, leaving said Chandler Creek and with the west boundary line of said Marshall Survey same being the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 °28'27" E, at a distance of 100.00 feet, pass a capped Y." iron rod set for reference and continuing for a total distance of 1801.43 feet to a 'N iron rod found in the northerly right -of -way line of said Highway 79 being the southwest corner of said Bright tract same being the southeast comer of said Telander tracts and for the southeast corner hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 °37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. Page 3 of 3 February 3, 2000 City of Round Rock 221 E. Main St. Round Rock, Texas 78664 RE: GF #98059514 16 , Round Rock, Texas 78664 (x) Owner's Title Policy ( ) warranty Deed ( ) Notice of Purchasers of Real Property ( ) ( ) Fire District Notice ( ) ( ) ( ) Alamo Title Company Policy Department Alamo Title Company 12.10 Alamo Title Company A member of Fidelity N;,tional Financial In connection with your recent purchase of the above described property, we are pleased to enclose the following: It has been a pleasure to have closed this transaction for you. We now have a complete file of your property and are in a position to give you prompt service on any future transactions. Please do not hesitate to call if we may be of further service. 3305 Northland Drive, Suite 100 • Austin, TX 78731 • 512.459.7222 • 512.459.7460 (fax) www.alamotitle-austin.com SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ALAMO TITLE INSURANCE, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title: 3. Any statutory or constitutional mechanic's, contractors, or materialman's lien for labor or material having its inception on or before Date of Policy; 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. The company also will pay costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. B v w.rivri OWNER POLICY OF TITLE INSURANCE Issued By Alamo Title Insurance Alamo Title Insurance Secretary- Treasurer President (Authorized Signature) 538475 FORM T -1: Owner Policy 01 Title Insurance Effective 1/1/93 A10191 J EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this pofcy and the Company will not pay loss or damage. costs, attorneys' lees or expanses that 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, a enjoyment of We land; (0) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in Me 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 Ma enforcement thereof or a notice of a defect, lien or encumbrance resuHng from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Ili) Any governmental police power not excluded by (a) above, except lu the extent that a notice of the exercise thereof or a notice of a defect, Fen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public records at Oate of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public records at Dale of Policy, but not excluding from average any taking gran has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dale the insured claimant became an insured under Ibis policy; (c) resulting In no loss or damage Mme insured claimant (0) attaching or created subsequent M 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 a lend money on the estate or interest covered hereby m the land described in Schedule A because of unmarkelabiIity of the titre. 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, slate insolvency, or other slate or federal creditors' tights laws that is based on either (i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable diehibuton or voidable dvidend or (ti) the subordination or recharactslzaton of the estate or interest 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 Re for record the instrument of transfer M the insured after delivery or the failure of such reCOrdalon to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITIONS 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 lo, heirs, dlslributees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors. and specifically, without limitation, the following: (I) me success0rs in interest to a corporation resulting from merger or consolidation or the distribution of the assets of the corporation upon pacel or complete liquidation'. 01) 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 partnership upon parbal or complete liquidation; (iv) the successors in interest M a joint venture resulting from the distributi0n of Me assets of the joint venture upon partial or complete liquidation'. (v) the successor 0r substitute buSlee(S) 01 named In a Written trust instrument; Or (vi) me 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 camanr: an insured claiming loss or damage. (c) "knowledge" or "known': actual knowledge, not constructive knowledge or notice that may he imputed Man insured by reason of the public records as defined in this policy or any other receros which impart constructive notice of matters affecting the land. (0) "land': me land described or referred to in Schedule A. and improvements affixed thereto that by law constitute real property. The term "land" does not Mclude any property beyond ore lines of the area described or referred M 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 bust deed. or other security instrument. (f) "public records ": records established under stale statutes as Date of Policy for the purpose of imparting constructive notice of matters relating M real property to purchasers for value and without knowledge. With respect to Section 1(a))iv) of me Exclusions From Coverage. 'public records" also shell 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. (9) '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 Dale 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, (ii) and indebedness seared by a purchase money mortgage given to MB insured, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly 111 writing (i) in case of any litigation as sal forth in Section 4 (a) below, or (11) in case knowledge shall come to an insured hereunder of any claim 01 title or interest that is adverse tome 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 M the Company, then as M the insured all liability of the Company shall terminate with regain 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 men any the extent of the prejudice. When, after the date of the polity, the insured notifies the Company as required herein of a lien, encumbrance. adverse claim or other defect in title M the estate or Interest in the land Insured by this policy that is not excluded or excepted from the coverage of this poesy, the Company shall promptly investigate the charge M determine whether the lien, encu,Mranos. adverse claim or defect is valid and not barred by law or statute. The Company shall notify the insured in writing, within a reasonable lime, of its determination as to the vetidity 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 the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the id owing actions: (i) institute the necessary proceedings M dear the lien, encumbrance, adverse claim or defect from the title M the estate as insured; f,i) indemnify the insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the insured claimant ore a subsequent owner, mortgagee or holder of the estate or interest in the land insured by this pobcy, a policy of title Insurance without exception for the Ilan, encumbranc adverse claim or defect said policy M be in an amount equal M 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 policylias) of title insurance without exception for the lien, encumbrance. adverse claim a defect (v) secure a release or other document discharging the Ilan. encumbrance, adverse trim or detect or (vi) undertake a combination of (i) through (v) herein. File No 98059514 Amount of Insurance: $795,699.00 Date of Policy: January 28, 1999 at 3:08 PM 1. Name of Insured: OWNER POLICY OF TITLE INSURANCE SCHEDULE A 4. The land referred to in this Policy is described as follows: Policy No: 0- 538475 City of Round Rock, a Texas home rule city, undivided 45% interest 2. The estate or interest in the land that is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is insured as vested in: City of Round Rock, a Texas home rule city, undivided 45% interest APPROXIMATELY 88.411 ACRES of land out of the P. A. Holder League, Abstract No. 297, situated in Williamson County, Texas. Said 88.411 acres, more or less, being a portion of Blocks 12, 13 and 14 of the S. M. Swenson Subdivision in Williamson County, Texas recorded in Volume 13, page 119, Deed Records of Williamson County, Texas. Same being a portion of the land described in Volume 2129, Page 744, Official Records of Williamson County, Texas. Said 88.411 acres, more or less, being more particularly described in Exhibit "A" attached hereto. Alamo Title Company ALAMO TITLE INSURANCE Authorized Signatory FORM T -1: Owner Policy of Title Insurance - Schedule A Effective January 1, 1993 Page 1 of M.16015461DOCLLT SDESC.doc DESCRIPTION FOR 88.411 ACRE TRACT OF LAND, SITUATED IN THE P- A. HOLDER SURVEY, ABSTRACT NUMBER 297 IN WILLIAMSON COUNTY, TEXAS SAME BEING A PORTION OF BLOCKS 12, 13, & 14 OF THE S.M. SWENSON SUBDIVISION RECORDED IN VOLUME 13, PAGE 119 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, BEING ALL OF TRACTS TWO, THREE AND FOUR CONVEYED TO ARNOLD TELANDER (TELANDER TRACTS) BY INSTRUMENT RECORDED IN VOLUME 2129, PAGE 744 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ( O.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at capped W iron rod set in the northerly right -of -way line of U.S. Highway Number 79 (Highway 79) conveyed to the State of Texas by instrument recorded in Volume 304, Page 190 and Volume 302, Page 587 of the Deed Records of Williamson County, Texas (W,C,D R.), being the southeast corner of a called 9.691 acre tract conveyed to the City of Round Rock, Texas described as Tract III, of Exhibit "B" recorded in Volume 1760, Page 451 O.R.W.C.T. same being the southwest corner of said Telander tracts for the southwest corner hereof, an from said point a 5/8" iron rod found at the southerly most southwest corner of a called 101.110 acre tract conveyed to The Old Settlers Association of Williamson County, Texas described as Tract 1, Exhibit "C" recorded in Volume 1760, Page 451 O.R.W.C.T. bears S 63 °37'48" W, a distance of 1098.43 feet with the northerly right -of -way line of said Highway 79; Thence, leaving the northerly right-of-way line of said Highway 79 with the east boundary line of said 9.691 acre tract being the westerly boundary line of said Telander tracts for the westerly boundary line hereof the following four (4) courses: 1 N 01 °31'47" W, a distance of 793.92 feet to a W iron rod found for a angle point, 2. N 88 °43'56" E, a distance of 16.49 feet to a W iron rod found for an angle point, 3 N 02 °09'05" W, a distance of 965.75 feet to a capped %" iron rod set in the base of a 44" Live Oak Tree for an angle point, 4. N 05 °55'46" E, at a distance of 115.35 feet, pass a capped 14" iron rod set for reference and continuing for a total distance of 215.35 feet to a point in the center of Chandler Creek being the southerly boundary line of a called 71.11 acre tract conveyed to The City of Round Rock, Texas by instrument recorded in Volume 1760, Page 475 0. R. W.C.T. same being the northeast corner of said 9.691 acre tract and the northwest corner of said Telander tracts for the northwest corner hereof; Thence, with the centerline of said Chandler Creek being the southerly boundary line of said 71.11 acre tract and a called 316.85 acre tract conveyed to the City of Round Rock, Texas by instrument recorded in Volume 1760, Page 451 O.R.W.C.T. described as Tract I, Exhibit "B" same being the northerly boundary line of said Telander tract for the northerly boundary line hereof the following fifteen (15) courses: 1. N 87 °34'46" E, a distance of 241.90 feet to a point, 2. S 61°35'14" E, a distance of 439.40 feet to a point, 3. S 88 °39'15" E, a distance of 137.38 feet to a point, ' 4. S 55 °29'52" E, a distance of 249.37 feet to a point, 5. N 76 °41'17" E, a distance of 285.33 feet to a point, 6. N 67 ° 51'17" E, a distance of 274.40 feet to a point, 7. N 34 ° 05'17" E, a distance of 180.91 feet to a point, 8. N 08 °57'17" E, a distance of 215.99 feet to a point, 9. N 41°42'1T E, a distance of 500.14 feet to a point, 10. N 18 °53'17" E, a distance of 249.19 feet to a point, 11. N 25 °07'43" W, a distance of 100.00 feet to a point, 12. N 50 °52'11" E, a distance of 206.39 feet to a point, 13. N 78 °41'34" E, a distance of 179.65 feet to a point, 14. N 56 °20'34" E, a distance of 75.88 feet to a point, 15. N 87 ° 19'34" E, a distance of 72.80 feet to a point in the most southwesterly boundary line of a called 151.00 acre tract conveyed to William H. Bright by instrument recorded in Volume 387, Page 550 W.C.D. R. at the southeasterly corner of said 316.85 acre tract being the northeast corner of said Telander tracts for the northeast corner hereof; Thence, leaving said Chandler Creek and with the west boundary line of said Bright tract and being the east boundary line of said Telander tracts S 03 °28'27" E, at a distance of 100.00 feet, pass a capped W iron rod set for reference and continuing for a total distance of 1801.43 feet to a W iron rod found in the northerly right -of -way line of said Highway 79 being the southwest corner of said Bright tract same being the southeast corner of said Telander tracts and for the southeast corner hereof; Thence, with the northerly right -of -way line of said Highway 79 same being the southerly boundary line of said Telander tracts for the southerly boundary line hereof S 63 °37'48" W, a distance of 2870.01 feet to the POINT OF BEGINNING, containing 88.411 acres of land. The bearing basis for the above described tract is based on the Texas State Plane Coordinate System, Central Zone, NAD -83. Surveyed under t irect supe ,,.ion •f the undersigned: Joe Re! cared Profes .nal Land Surveyor Number 2553 Baker - Aicklen : ssoc., Inc. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Page a oft • M.' 1601546 w oCtLTSDESC. doc Date OWNER POLICY OF TITLE INSURANCE SCHEDULE B FILE NO 98059514 POLICY NO: 0 538475 EXCEPTIONS FROM COVERAGE This Policy does not insure against Loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured if any, shown in Schedule A, and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): Exception No. 1 of Schedule B above, is hereby deleted in its entirety. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, corporations, governments or other entities, a. to tidelands,or lands comprising the shores or beds of navigable or perennial rivers and streams, Lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in Lands, or artificial islands, or d. statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 19 99 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 atl terms of the documents creating or offering evidence of the matters(We must insert matters or delete this exception.): A. Omitting from any documentation set out herein discriminatory provisions, if any, based on race, color, religion, sex, handicap, familial status, national origin, or any other prohibited basis of discrimination. B. Electric transmissiion easement granted to Texas Power & Light Company, recorded in Volume 348, Page 379, Deed Records of Williamson County, Texas. C. Electric distribution line easement granted to Texas Power & Light Company, recorded in Volume 419, Page 248, Deed Records of Williamson County, Texas. D. Telephone easement granted to Southwestern Bell Telephone Company, recorded in Volume 639, Page 597, Deed Records of Williamson County, Texas. E. Telephone easement granted to Southwestern Bell Telephone Company, recorded in Volume 639, Page 599, Deed Records of Williamson County, Texas. Alamo Title Company ALAMO TITLE INSURANCE FORM T -1: Owner Policy of Title Insurance - Schedule B Effective January 1, 1993 FILE NO 98059514 PAGE: B -2 OWNER POLICY OF TITLE INSURANCE NO: 0- 538475 SCHEDULE B (CONTINUED) F. Underground telecommunication system easement granted to Southwestern Bell Telephone Company, recorded in Volume 650, Page 1, Deed Records of Williamson County, Texas. G. Electric distribution and telephone line easement granted to Texas Power & Light Company, recorded in Volume 1033, Page 70, Official Records of Williamson County, Texas. H. Electric distribution line easement granted to Texas Power & Light Company, recorded in Volume 1033, Page 72, Official Records of Williamson County, Texas. I. Waterline easement granted to the City of Round Rock, recorded in Volume 2543, Page 687, Official Records of Williamson County, Texas. J. Rights of tenants in possession under unrecorded leases. K. Life estate held by Grace Telander as set out in Warranty Deed recorded in Volume 610, Page 153 and in Volume 668, Page 650, both in the Deed Record of Williamson County, Texas. L, Overhead electrical lines and power poles located along the southerly property line as shown on survey prepared by M. Stephen Truesdale, R.P.L.S., No. 4933, dated July 8, 1998. M. Subject to the rights of any and all co- tenants in the insured property including, but not limited to partition, owelty and contribution. N. Visible and apparent easements on or across the property. O. Rights of parties in possession. P. Section 14 of the Conditions and Stipulations of this policy is hereby deleted. Alamo Title Company ALAMO TITLE INSURANCE FORM T -1: Owner Policy of Title Insurance - Schedule 13 Effective January 1, 1993 (o) CONDITIONS AND STIPULATIONS - Continued 4 DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the Insured and subject M 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 Il ligation in which any third party asserts a claim adverse to the title or Interest as insured, but only as to those staled causes of action alleging a detect, hen or encumbrance or other matter insured against by this policy The Company shall have the right to select counsel of its choice (subject t0 the right of the insured to oblecl for reasonable cause) to represent the insured as to those slated causes of action and shall not be Cable 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 110 policy (b) The Company shall have the right. at its own cost to Institute and prosecute any action or proceeding or 10 do any other act that in Its opinion may be necessary or desrable 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 lake any appropnate action under the terms of this policy, whether or not It shall he labia hereunder, and shall not thereby concede liability or waive any provision of this policy. II the Company shall exercise Its rights under Ihl5 paragraph. it shell do so diligently 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 nghl. In its sole discretion, to appeal from any adverse Judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense In the action or proceeding, and all appeals therein and permit the Company to use, al its option the name o1 the Insured for This purpose Whenever requested by the Company, the Insured, at the Company's expense. shall give the Company al reasonable aid (I) In any action or proceeding. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (s) 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 lability or obligation to defend, prosecute, or continue any litigation. with regard to the mailer or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the facts giving rise to the loss or damage The proof of loss or damage shall describe the defect n, 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 stale. to the extent possible. the basis of celcuialing the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the Insured under the policy shall terminate, Including any lability or obligation to defend, prosecute. or continue any litigation. with regard to the mailer 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, al such reasonable limes and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks. correspondence and memoranda, whether bearing a dale before or after Dale of Policy, which reasonably pertain 10 the loss or damage. Further. II requested by any authorized representative of the Company, the insured claimant shall grant its permission, in w1Nng. 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. w11ic1 reasonably pertain to the loss or damage. Al information designated as conrdemral by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, q Is necessary in the adminslrabon of the claim Failure of the insured claimant 10 submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third panes as required in this paragraph shall terminate any liability of the Company under this policy as to that claim 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS, TERMINATION OF LIABILITY, In case of a claim under This policy, the Company shall have the following additional options (a) To Pay or Tender Payment of the Amount of Insurance. To pay or lender payment of the amount of insurance under 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 oblgauons to the insured under this policy, other than to make the payment reoutred, shall terminate, Including any liability or obligation to defend, prosecute, or continue any ritigntion, and the policy shall be surrendered to the Company for cancellation_ (b( To Pay or Olheewlse Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other pa0es 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 lime or payment 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 15 obligated to pay Upon the exercise by the Company of either of the options provided for in paragraphs (b)(I) or (ig. the Company's obligations to the Insured under this pobcy for the claimed less or damage. other than the payments required to be made. shall terminate. including any liability or obligation to defend, prosecute or continue any 1/901100 7, DETERMINATION, EXTENT OF LIABILITY AND CONINSURANCE. Tins policy Ise contract of Indemnity against actual monetary lass 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 Nobility of the Company under this policy shall not exceed the least of (i) the Amount of Insurance slated In Schedule A: (ii) 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. hen or encumbrance Insured against by this policy at the date the insured claimant Is regurred to furnish to Company a proof of loss or damage In accordance with Section 5 of these Conditions and Stipulations (h) In the event the Amount of Insurance slated in Schedule A at the Dale of Policy Is less than 80 percent of the value of the Insured estate or interest or the lull 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 leas) 20 percent over the Amount of Insuran.o stated In Schedule A. then this Polley Is subject to the following (i) where no subsequent Improvement has been made, as to any padial loss, the Company snail only pay the loss pro rata In the proportion that the amount of Insurance at Dale of Policy bears to the total value of the insured estate or interest at Dale of Policy. or (4) where a subsequent improvement has been made. as to any penal loss. the Company shall only pay the lass pro rata in the proportion that 120 percent 01 the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance slated in Schedule A and amount expended for the improvement The provisions of this paragraph shall not apply to costs, atlomeys' fees and expenses for which the Company Is ladle 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 slated in Schedule A. (c) The Company will pay only those costs, attorneys' lees and expenses incurred in accordance with Section 4 of these Condbons and Stipulations 8. APPORTIONMENT 11 the land described in Schedule A consists of hvo or more parcels that are not used as a single site, and a Ices is established affecting one or more of the parcels but not all, the foss shall be computed and settled on a pro rata basis as if the amount of insurance under this pokey 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 Dale of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by ate Company and the insured at the erne 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, a cures the lack of a tight of access to or from the land, all as insured, or takes acton in accordance with Section 3 or Section 6, Ina reasonably diligent manner by any mental, including litigation and the completion of any appeals therefrom, it shall have lull 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 legation, inducting legation by the Company or with the Companys consent the Company shall have no liability for loss or damage until there has been a anal determination by a wart of wmpetentjudsdicloe, and rasposition of al appeals therefrom, adverse to the tide as insured. (c) The Company shall not be lade for loss or damage 10 any insured for liability voluntarily assumed by the insured in setting any dawn or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY, 1 All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro lento. ` 1 (Continued on Reverse Side of Page) v 0. L 0 •1ww 0 H 00 Z o m ¢ CONDITIONS AND STIPULATIONS - Continued 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shell 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 endorsement of the payment unless the policy has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed 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 tie 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 reaped to the claim had this policy not been issued. If requested by the Company, the insured daimant shall transfer to the Company all rights and rsmadbs against any person or properly necessary in order to perfect this right of subrogation. The insured daimant 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 nol fully cover the loss of the insured claimant, the Company shall be subrogaled to these rights and remedies in the proportion that the Company's payment bears to the whole amount of the loss. If loss should result from any ad of the insured claimant, as stated above, that act shall not void this policy, but the Company, In that event, shell be required to pay only that part of any losses insured against by this policy That shall exceed the amount, ti 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 polides of Insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this poky 14. ARBITRATION. Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision M Schedule B of this policy, either the company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service of to Company A issuance or the breach of a poky provision or other obligation. All arbitrable matters when the Amount of Insurance is 51,000,000 or less SHALL request of either the Company or the Insured. unless the insured lean individual person (es distinguished from a corporation, bust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of 51,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pusuant to this policy and under the Rules in effect on the dale 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 indude attorneys fees only ti 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 sites of the land shall apply to an arblaatlon under the Title Insurance Arbitration Rules. A copy 01 the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POUCY: POUCY ENTIRE CONTRACT. (a) This policy together with all endorsements, If any, attached hereto by the Company Is the entire policy and contract between the insured and the Company. In interpreting any provision of This policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arise out of the status of the title to the estate or Interest covered hereby or by any action asserting such daim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer 01 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 vatting required 10 be furnished the Company shag include the number of this policy and shill be addressed to the Company 0110010 San Pedro, Suite 800, San Antonio, Texas 78218 -3695. COMPLAINT NOTICE Should any dispute arise about your premium or about a claim that you have tiled, 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 787149091, Fax No (512) 475-1771. This notice of complaint procedure Is for information only and does not become a parlor condition of this policy. RESOLUTION NO. R- 98- 04 -30 -4A WHEREAS, Arnold Telander owns approximately 95 acres of land adjacent to Old Settlers Park at Palm Valley, and WHEREAS, Mr. Telander has offered to sell said property to the City of Round Rock, and WHEREAS, the City would like to place the property under contract in order to study the feasibility of purchasing said property, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Real Estate Contract with Arnold Telander for the purchase of the above described property, a copy of said contract being attached hereto as Exhibit "A ". 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 30th day of April, }998. ATTEST: ANNE LAND, City Secretary K:\ WPDOCS \RRSOLVYI \RSO43OA.RPD /scg LES CULpEPPLR, Mayor City of Round Rock, Texas State of Texas County of Williamson EXHIBIT "A" REAL ESTATE CONTRACT THIS REAL ESTATE CONTRACT ( "Contract ") is made by and between Arnold Telander, a single man, referred to in this Contract as "Seller ") and the City of Round Rock, a Texas Home Rule City (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 ninety -five (95) acres of land situated in Williamson County, Texas, being more particularly described as the "Telander Tract" on Exhibit "A" attached to and incorporated in this Contract by reference for all purposes, (a more detailed legal description will be determined from the survey provided for in this Contract); 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. Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of One Million, Nine Hundred Thousand and no /100 Dollars ($1,900,000.00.) Notwithstanding the foregoing, if the survey of the Property to be furnished as provided below, reflects that the number of acres comprising the Property is more or less than ninety -five (95) acres, the purchase price is to be increased or reduced by the product of $ 20,000.00 times the number of acres of the Property more or less than ninety -five (95) acres. Payment of Purchase Price 2.02. The Purchase Price shall be payable in cash at the closing. C : \WPOOCB \ACITY \PRQT3a \MB.M.CONT TEWtID99 .PP➢ /•1a ARTICLE II PURCHASE PRICE 1 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 Purchaser's sole cost and expense, shall have caused the title company to issue a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of thirty (30) days after Purchaser receives the Title Commitment that the condition of title as set forth in the Title Commitment is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within thirty (30) days after receipt of written notice, Purchaser may terminate this Contract and it shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser, as provided in Article VII. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. Survey 3.03. Within forty -five (45) days from the date hereof, Purchaser, at Purchaser's sole cost and expense, shall cause to be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. If any portion of the survey is unacceptable to Purchaser, then Purchaser shall give Seller written notice of this fact. Seller shall promptly undertake to eliminate or modify all the unacceptable portions to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within thirty (30) days after receipt of written notice, Purchaser may terminate this 2 Contract, and the Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the title company to Purchaser, as provided in Article VII. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. New Surveys and Tests 3.04. Within one hundred and fifty (150) days after the date hereof Purchaser is granted the right to conduct engineering surveys, environmental surveys, feasibility studies of the Property, and any and all other surveys or studies deemed necessary to Purchaser, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser in Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to one hundred and eighty (180) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser, as provided in Article VII. If the written notice is not received within this one hundred and eighty (180) day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. (See Addendum for the tenant's agreement to grant the foregoing rights.) Feasibility of Intended Project 3.05. Within one hundred and eighty (180) days after date hereof Purchaser is granted the right to determine the feasibility of the project for which the Property is intended. If it should be determined by Purchaser in Purchaser's sole judgment that the project for which the Property is intended is not feasible, then and in this event, Purchaser may, on written notice to Seller received prior to one hundred and eighty (180) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser, as provided in Article VII. If the written notice is not received within this one hundred and eighty (180) day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Miscellaneous Conditions 3.06. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. 3 ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: (1) There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than a crop lease to Roland Wieland as tenant; (2) There is no pending or threatened condemnation or similar proceeding or assessment affecting the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority; (3) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof; (4) The Property has full and free access to and from public highways, streets or roads and, to the best knowledge and belief of Seller, there is no pending or threatened governmental proceeding that would impair or result in the termination of this access. ARTICLE V CLOSING Closing Date 5.01. The closing shall be held at the office of Brown McCarroll Sheets & Crossfield, L.L.P, 309 E. Main St., Round Rock, Texas, on or before two hundred and ten (210) days from the effective date hereof, or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date "). Seller's Obligations at Closing 5.02. At the closing Seller shall: (1) Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 4 (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by Purchaser pursuant to Article III hereof; and (c) Any exceptions approved by Purchaser in writing. (2) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Alamo Title, 1717 N. IH 35, Round Rock, Texas, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: (a) The boundary and survey exceptions shall be deleted; (b) The exception as to restrictive covenants shall be endorsed "None of Record;" and (c) The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable." (c) Deliver to Purchaser possession of the Property. Purchaser's Obligations at Closing 5.03. At the Closing, Purchaser shall pay the cash portion of the purchase price. Prorations 5.04. 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. Agricultural roll -back taxes, if any, shall be paid by Purchaser. 5 Closing Costs 5.05. All costs and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows: (1) Owner's Title Policy and survey to be paid by Purchaser. (2) Deed, tax certificates, and title curative matters, if any, paid by Seller (3) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI REAL ESTATE COMMISSIONS It is understood and agreed that there are no brokers involved in the negotiation and consummation of this Contract. Any 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 Contract other than the liability of Seller as set forth in this paragraph. ARTICLE VII ESCROW DEPOSIT For the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, Purchaser has delivered to Alamo Title the sum of Five Thousand Dollars ($5,000), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided in Article IX hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit (less $100.00) shall be forthwith returned by the title company to Purchaser. Seller shall have the right to retain the aforesaid $100.00 as independent consideration for entering into this Contract. 6 ARTICLE VIII BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1) enforce specific performance of this Contract; (2) request that the Escrow Deposit shall be forthwith returned by the title company to Purchaser; or (3) bring suit for damages against Seller. ARTICLE IX BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller's sole remedy hereunder in such event. ARTICLE X MISCELLANEOUS Assignment of Contract 10.01. This Contract may be assigned by Purchaser provided that Purchaser's assignee, shall expressly assume all Purchaser's liabilities, obligations, and duties hereunder. On delivery to Seller of an instrument in writing whereby the assignee assumes all of the provisions of this Contract to be performed by Purchaser, then, in that event, Purchaser shall be released and discharged of all further liability hereunder. Survival of Covenants 10.02. 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. 7 Notice 10.03. 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 10.04. 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. Parties Bound 10.05. 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 10.06. 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 10.07. 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 10.08. Time is of the essence in this Contract. Gender 10.09. 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. 8 Memorandum of Contract 10.10. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Compliance 10.11. In accordance with the requirements of Section 20 of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. Seller's Option to Purchase Frame House 10.12. Seller shall have the option to purchase at closing the white wood frame house currently located on the Property for the sum of $10,000.00. Should Seller exercise this option, he shall remove the house from the Property no later than thirty (30) days after the closing date. Effective Date 10.13. This Contract shall be effective as of the date it is approved by the City Council, which date is indicated beneath the Mayor's signature below. SELLER: Arnold Telander 3801 Palm Valley Blvd. Round Rock, Texas, 78664 Date: — — fY PURCHASER: City Rouiid�Rock, Texas by: Charles Cul.ep.-r, Mayor 221 E. Main St. Round Rock, Texas Date: 9 30-9g ADDENDUM This Addendum is made to the attached Real Estate Contract and is entered into by and among Arnold Telander, ( "Seller "), the City of Round Rock ( "Purchaser "), and Roland Wieland, ( "Tenant ".) Recitals Whereas, Seller and Purchaser have entered into the attached Real Estate Contract whereby Seller agrees to sell and Purchaser agrees to purchase the Property described in Exhibit "A" attached hereto; and Whereas, Seller and Tenant have previously entered into a lease agreement whereby Seller has leased the Property to Tenant for the purposes of raising a corn crop on the Property; and Whereas, Purchaser has a need to be granted the right to perform certain surveys, studies, and tests on the Property which might result in damage to Tenant's crop; Now Therefore For Good and Valuable Consideration, the receipt of which each of the undersigned parties hereby acknowledge, they agree as follows: 1. Within one hundred and fifty (150) days after the date hereof Purchaser is granted by Tenant the right to conduct engineering surveys, environmental surveys, feasibility studies of the Property, and any and all other surveys or studies deemed necessary to Purchaser, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. 2. Purchaser shall take reasonable precautions to prevent damage to the corn crop currently growing on the Property, but in the event that such damage is caused to said crop, Purchaser agrees to pay to Tenant the reasonable value of any of the crop so damaged by the aforesaid surveys and studies. 3. Tenant acknowledges that his crop land lease terminates upon the final harvest of the corn crop which is expected to occur no later than the end of August, 1998. After such harvest, Tenant will have no further rights with respect to the Property. 10 SELLER: Arnold Telander 3801 Palm Valley Blvd. Round Rock, Texas, 78664 Date: 3 yy PURCHASER: City o Roi9nd Rock, Texas by: harles Cul.e+.er, Mayor 221 E. Main St. Round Rock, Texas Date : TENANT: Ro and Wieland Date: Li 3 ' p cf 1 1 EXHIBIT OLD SE 326.86 e Feet m 0 500 Property Adjacent to Old Settlers Park DATE: April 29, 1998 SUBJECT: City Council Meeting - April 30, 1998 ITEM: 4.A. Consider a resolution authorizing the Mayor to execute a contract with Arnold Telander to purchase approximately 95 acres adjacent to Old Settlers Park at Palm Valley.