R-98-07-23-10C1 - 7/23/1998RESOLUTION NO. R- 98 -07- 23 -10C1
WHEREAS, Joyce Clark and the Estate of Lenzo Clark owns 0.22
acres of land on the west side of Chisholm Trail between Brushy
Creek and Hwy. 620, and
WHEREAS, Joyce Clark and the Estate of Lenzo Clark have
offered to sell said property to the City of Round Rock, and
WHEREAS, the City would like to purchase said property for
park and tourism purposes, 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 Joyce Clark and the
Estate of Lenzo Clark, for the purchase of the above described
property, a copy of said contract being attached hereto as Exhibit
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 aganded, and the Act.
RESOLVED this 23rd day of July,
111 E A S •
T 24 AL __
ANNE LAND, City Secretary
R,\ WPM ICS \RESOLDTI \RSO]])C1.WPD /PCg
CHARLES CULPEP,'E• Mayor
City of Round Rock, Texas
State of Texas
County of Williamson
2.02.
closing.
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between JOYCE
CLARK, 504 Chisholm Trail Road, Round Rock, Williamson County,
Texas(referred to in this Contract as "Seller ") and the CITY OF ROUND
ROCK, a Texas Home Rule City of 221 E. Main St. Round Rock, Williamson
County, Texas (referred to in this Contract as "Purchaser "), upon the
terms and conditions set forth in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and
Purchaser purchases and agrees to pay for, the tract of land
containing approximately 0.22 acres of land situated in Williamson
County, Texas, being more particularly described as follows:
Being 0.22 acres out of the J.M. Harrell Survey, Abstract
No. 284 Williamson County, Texas and being known as 504
Chisholm Trail Road, Round Rock, Texas;
together with all and singular the rights and appurtenances pertaining
to the property, including any right, title and interest of Seller in
and to adjacent streets, alleys or rights -of -way (all of such real
property, rights, and appurtenances being referred to in this Contract
as the "Property "), together with any improvements, fixtures, and
personal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions set forth below.
ARTICLE II
PURCHASE PRICE
Amount of Purchase Price
2.01. The purchase price for the Property shall be the sum
of Eighty -four Thousand, Six hundred sixty -six and 66/100 Dollars
($84,666.6
Payment of Purchase Price
The Purchase Price shall be paid in cash at the
1
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate
the transaction 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. The parties acknowledge that Heart of Texas Title
Company has issued a preliminary title report (the "Title
Commitment "), dated September 8, 1997 and having a GF No. 731897 -CH.
Items 5 through 7 of Schedule C are not acceptable to Purchaser and
must be eliminated or modified to the satisfaction of Purchaser. In
the event Seller is unable to do so by the closing date, this
agreement shall thereupon be null and void for all purposes and the
Escrow Deposit shall be forthwith returned by the title company to
Purchaser.
3.03. The closing of this transaction shall be conditioned
on and simultaneous with the closing of a contract for the purchase
of the following described tracts on terms and conditions that are
acceptable to Purchaser in its sole judgment:
1) 0.22 acre tract out of the J.M. Harrell Survey,
Abstract 284 owned by Al Robinson and Evelyn Robinson; and
2) 0.22 acre tract out of the J.M. Harrell Survey,
Abstract 284 owned by Verley Campbell and wife, Claretta
Campbell.
3.04. Seller shall have performed, observed, and complied
with all of the covenants, agreements, and conditions required by this
Contract to be performed, observed, and complied with by Seller prior
to or as of the closing.
ARTICLE IV
CLOSING
The closing shall be held at the office of Heart of Texas Title
Company, 1001 South Mays, Round Rock, Texas, on or before August 31,
1998, 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
2
4.01. At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title in fee
simple to all of the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and restrictions,
except for the following:
(i) General real estate taxes for the year of closing
and subsequent years not yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(iii) Any exceptions approved by Purchaser in writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Heart of Texas Title Company, in
Purchaser's favor in the full amount of the purchase price, insuring
Purchaser's fee simple title to the Property subject only to those
title exceptions listed above, such other exceptions as may be
approved in writing by Purchaser, and the standard printed exceptions
contained in the usual form of Texas Owner's Title Policy.
(c) Deliver to Purchaser possession of the Property; provided
however that Seller may remain on the Property as a tenant for a
period not to exceed 90 days after Closing upon payment of rent at the
rate of $10.00 per day.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the cash portion
of the purchase price.
Prorations
4.03 General real estate taxes for the then current year
relating to the Property, shall be prorated as of the closing date and
shall be adjusted in cash at the closing. If the closing shall occur
before the tax rate is fixed for the then current year, the
apportionment of taxes shall be upon the basis of the tax rate for the
next preceding year applied to the latest assessed valuation. All
special taxes or assessments to the closing date shall be paid by
Seller.
Closing Costs
3
4.04 All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
Filing fees for release(s) paid by Seller;
Title curative matters, if any, paid by Seller;
Attorney's fees paid by each respectively.
ARTICLE V
REAL ESTATE COMMISSIONS
It is understood and agreed that the only brokers involved in the
negotiation and consummation of this Contract has been and is Don
Quick of Don Quick & Associates, Inc, and conditioned upon the closing
of the transaction contemplated hereby, a commission in the amount of
two (2) percent of the total purchase price shall be payable to Don
Quick. This commission is to be payable in cash at the closing. If
this Contract is terminated for any reason prior to closing, there
will be no commission due or payable hereunder. All real estate
commissions occasioned by the consummation of this Contract shall be
the sole responsibility of Purchased. 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 as set forth in this paragraph.
ARTICLE VI
ESCROW DEPOSIT
For the purpose of securing the performance of Purchaser under
the terms and provisions of this Contract, Purchaser has delivered to
Heart of Texas Title Company, the sum of Five Hundred Dollars ($500),
the Escrow Deposit, which shall be paid by the title company to Seller
in the event Purchaser breaches this Contract as provided in Article
VIII hereof. At the closing, the Escrow Deposit shall be paid over to
Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given
written notice to the title company that one or more of the conditions
to its obligations set forth in Article III have not been met, or, in
the opinion of Purchaser, cannot be satisfied, in the manner and as
provided for in Article III, then the Escrow Deposit shall be
forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY SELLER
4
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 VIII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of
the Property, the conditions to Purchaser's obligations set forth in
Article III having been satisfied and Purchaser being in default and
Seller not being in default hereunder, Seller shall have the right to
(1) bring suit for damages against Purchaser; or (2) receive the
Escrow Deposit from the title company, the sum being agreed on as
liquidated damages for the failure of Purchaser to perform the duties,
liabilities, and obligations imposed upon it by the terms and
provisions of this 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 IX
MISCELLANEOUS
Assignment of Contract
9.01. (a) This Contract may not be assigned without the
express written consent of Seller.
Survival of Covenants
(b) Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the
parties, pertaining to a period of time following the closing of the
transactions contemplated hereby shall survive the closing and shall
not be merged therein.
Notice
(c) 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
5
(d) This Contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County, Texas.
Parties Bound
(e) This Contract shall be binding upon and inure to the benefit
of the parties and their respective heirs, executors, administrators,
legal representatives, successors and assigns where permitted by this
Contract.
Legal Construction
(f) In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained herein.
Prior Agreements Superseded
(g) This Contract constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral
agreements between the parties respecting the within subject matter.
Time of Essence
(h) Time is of the essence in this Contract.
Gender
(i) Words of any gender used in this Contract shall be held and
construed to include any other gender, and words in the singular
number shall be held to include the plural, and vice versa, unless the
context requires otherwise.
Memorandum of Contract
(j) Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
Dated this day of July, 1998.
SELLER:
JOYCE CLARK
504 Chisholm Trail Road
Round Rock, Texas 78664
6
221 E. Main Street
Round Rock, Texas 78664
7
DATE: July 17, 1998
SUBJECT: City Council Meeting - July 23, 1998
ITEM: 10.C.1. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Joyce Clark and the Estate of Lenzo Clark for
the purchase of 0.22 acres of land This property is one of four tracts
of land on the west side of Chisholm Trail between Brushy Creek and
Hwy. 620, which the City is interested in purchasing for park and
tourism purposes. The purchase price is $84,666.66 and the source of
the funds is the Hotel Occupancy Tax. Staff Resource Person: Sharon
Prete, Parks and Recreation Director.
The Chamber of Commerce Tourism Committee, in conjunction with the City, has been working
on this project for several years. Adding this property to Round Rock Memorial Park will create
an opportunity to construct bronze sculptures depicting a Chisholm Trail Cattle Drive.
These works of art titled "Crossing the Brushy at the Round Rock ", will be developed in stages as
funds become available through Tourism Committee fund raising efforts.
October 1, 1998
CITY OF ROUND ROCK
C/O BROWN, McCARROLL, SHEETS & CROSSFIELD
309 E. MAIN STREET
ROUND ROCK, TEXAS 78664
RE: Heart of Texas Title Company 6F #: 836698
Property Address: 504 Chisholm Tr. Rd.
Enclosed please find the following:
Warranty Deed
✓ Owner's Title Policy
Deed of Trust
Mortgagee's Title Policy
Mortgagee's Title Policy Binder
Release of Lien
Mechanic's Lien Contract
Transfer of Lien
V Notice
Endorsement
Assignment
Financing Statement
L/' Other:
We appreciate the opportunity to serve you and will be glad to assist you in any
way in regard to your future Escrow and Title needs.
If you have any questions, please do not hesitate to contact our office at any
time.
Sincerely,
Enclosures
l 9g or - a3 - J3 I RECEIVED (CT 0 6194E
HEART OF TEXAS TITLE COMPANY
VAL S. VOLK
Policy Department
13581 Pond Springs Rd., Ste 106
Austin, Texas 78729
(512) 335 -3651 Fax: (512) 335 -3768
1001 South Mays
Round Rock, Texas 78664
512- 255 -1550 • FAX: 512- 255 -2329
Date:
p8
Grantor: Joyce Clark
CASH WARRANTY DEED
, 1998
Grantor's Mailing Address (in uding county):
/
/ S�-I / /� almµ/ 144,1 eaorto ie,tC 7 _
b-1 1 r 6,14/A County
Grantee: City of Round Rock
Grantee's Mailin Address (in yd
CIO •_ IL 1 L=
tiJOU
,11 aieriWIN
County y
PROPERTY (including any improvements):
CASH WARRANTY DEED - PAGE 1
ty 301 t. 1110,,t,N,
DOC# 9855550
CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable
consideration.
Being the same tract of land conveyed to Lenzo Clark and wife, Joyce Clark in
Deed dated July 10, 1952, Recorded in Volume 381, Page 358, Deed Records,
Williamson County, Texas, said tract being a part of the J. M. Harrell Survey in
Williamson County, Texas, and being a part of that certain tract of two acres
described in Deed from W. L.Black, et al to George Clark and Caroline Clark,
dated March 31, 1921, recorded in Volume 201, Page 568, Deed Records,
Williamson County, Texas and being further described in Exhibit "A" attached
hereto.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND
WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record
or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or
other mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; any encroachments or overlapping of improvements;
all rights, obligations, and other natters emanating from and existing by reason of the
fFFICIAL RECORDS
WILLIAMSON UJLJNTV TEXAS
q2
creation, establishment, maintenance and operation of the Brushy Creek Water Control
and Improvement District No. 1; taxes for the current year, the payment of which
Grantee assumes; and the following specific reservations and exceptions, to -wit:
1. Right -of -way Easement granted to City of Round Rock, Recorded in
Volume 1094, Page 775, Official Records, Williamson County, Texas.
2. Right -of -way Easement granted to City of Round Rock, Recorded in
Volume 1123, Page 341, Official Records, 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 Grantee the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's
heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors,
administrators and successors are hereby bound to warrant and forever defend all and
singular the property to Grantee and Grantee's heirs, executors, administrators,
successors and assigns against every person whomsoever lawfully claiming or to claim the
same or any part thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
ACKNOWLEDGMENT
STATE OF.y{tS
COUNTY OF 11l-1 ANSQIJ
This instrument was acknowledged before me on this e2t day of
1998, by Joyce Clark.
CASH WARRANTY DEED - PAGE 2
Joycet Clark 1
0 1111 P
.' AAA, �%/ jlAc t il1�-
Notary Pub ic State of T-
1
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
Heart of
1001 S.
Return To: Round
Heart of Texas Title
13581 Pond Springs Rd, Suite 106
Austin, TX 78729
CASH WARRANTY DEED - PAGE 3
Rippy & Whitlow. L.L.P.
213 N. Mays
Round Rock, Texas 78664
of the Cour' I ;,'i.iliamson , State of axes - - _ - _ all that amain
tract or parcel of land, being a part of the J. M. Harrell ,, "vrve :, r.:.d
located :in the town of Round Rook, Williamson County, Texas, and be: ;
a part of that certain tract of two acres described in Deed frora'1. L.
Dlaok, et al. to George Clark and,Carline Clark, dated March 21, 1;2;,
recorded in Volume 201, Page 568, Deed Records of Williamson Cour.t;
Texas, and being, described mor artioularly as follower
I l
13E0I1riJI2Ja.,at a t a o . the I Ft 0. 1J. fl a' - -:
road Right of'eW x; f a B rit Parry to Market
Road running YJestefr . he v `F.5:1' , ■7'.1 i;. eriteotj ' '' " '
Mime. in a Northerly dire o qv a Ong; the East lino Of said .'.m :-
road Right of Way 76 feet fork e' ONO.iii'1"ing corner hereof;
TI-r 7CE in a Northerly dire" 0 ttgt,th at line of said da..:
road aiy.ht of Way 76 feet; • " ' ,,"
i'11. a1C°; it, an ,?asterly direction,
perpendicular to said railroad
right of :-,a: 125 feet;
TII.0 c:1 in a Southerly direction parallel to said railroad : :nt-
of -way 76 feet;
THENCE in a Westerly direot:on:125 feet to the place of beginn+-tC.
TIT • nFT: ±1
Cng,lrr OF r {. EiaM11.ON
Th's Is t -a nern Thal lhi' de ^um'nt was FILED and
HEC:)nnEn I hp Cll roH ol
W." 're.on Co,rrty, m can un the data and time
stamped thereon
CS
V; Lily , Ttras
Doc9l 9855550
It Pages: 4
Date : 09- 23 - 19%
Time : 01:30:29 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. t 15 -00
Return To:
Heart of Texas Title
13581 Pond Springs Rd, SuIte 106
Austin, TX 78729
Return To:
Heart of Texas Title
13581 Pond Springs Rd, SuIte 106
Austin, TX 76729
CA
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
MARITAL AFFIDAVIT DOCU 9855551
KNOW ALL MEN BY THESE PRESENTS:
BEFORE ME, the undersigned authority, on this day personally
appeared Joyce Clark , to me personally
known to be a credible, person, who after being by me first duly
sworn according to law, did depose and state,aA follows:
(Affiant should check the appropriate boxes and initial on the line
provided,]
❑ "I am presently married t5 -
whom I married on , 19 My
previous marriage(s) are stated below:
"I am not presently married, but have been previously, as
stated below:
❑ "My first marriage to ,y r_: Ak¢_, P� _
L{, was terminated by death divorce?
dated 9W G A' , 19
❑ "My second marriage to Y L - C( �Ll� on
y 2,O 3.„91g, was terminated by eativorce
date J'5- , 19 q - 7.
❑ "My third marriage to on
, 19 was terminated by death /divorce
dated , 19
❑ "
1
THE STATE OF TEfU{S
COUNTY OF�WIIyWAMSON
RECORDED In the OOOI�IPublic Reeco�rdsel
Williamson County, Tess an the dete and tint
stamped thereon.
County Clerk
Wilhiemsvn County, Tens
Return To:
Heart of Texa s Titl® Rd, Sidle 106
13581 Pond Springs
Austin, TX wino
Doc# 9855551
#
Pages: 1
Date ¢ 09 -23 -1998
Time ¢ 01¢30¢29 P.M.
Filed 8 Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. $ 9.00
DOC, 9855552
NOTICE TO PURCHASERS OF REAL PROPERTY
The real property described below, which you are about to purchase to heated In the BRMBRY CREEK WATER CONTROL AND
IMPROVEMENT DISTRICbistrict. The dhGrict hstonngauthorityseism &fromanyotler taxing authority, and may, o,bjeettm voter approval.
�
an unlimited amount ofbende and levy m unlimited rata oftax In payment efsualt bm& Asofthisdate .tlaerto aflame heviedhyffied mrm4r0P0 lowed
intlmdlatddieS °- oaeedhS100ofeas®edvahmtlea lftiiedislricahesaatyetleviedmum. thoma °dmoentpaojeotedmtoofdehtaetvioe
tax, eaofffi date 6$ watch $100 t
. The totalamea&Inniswhichhasbeenapprovedbythe vetemmdwhich
haveheeammaXotthledatgbeiRadt$ • mdtimaggragateinitial principal amoullsofalibondsissuedfor meormmaoftimepeoi
facilities ditto district and payable in whole or in part&ompmpmq° ta>em le S
The district hes the authority to adopt audit:pose a standby the on property in the districtthat has water,sewer,senitery, or drainage facilities' and services
available Ion not eom,eoted and winch does not hive ohmic} building mother improvement Wasted thereon anddemi not substantially =Tao the utility capacity
available to the property. The district may eacgalsa the authority withal holding en elation m the matter. As of this dale, the amount of the standby the is
$ , An unpaid standby The is apersonal obligation ofthe person that owned the property et the time of imposition and is secured bya
Em oath; property. Any person may request a certificate from the district stating the amotnn, if any, of unpaid standby fees on a tact of propeaty in the district.
Thepwposeoftlisdi *ictiemprovidewater.sewer, drainage, mgaedmmralfam78imado tom ibinthedIstricultroughthe Waimea ofbondspayable
in whole min part from property taxes. The cost of there utility facilities is not molded In the purchase price of your property, and these utility fad are owned
cote be owned by the drmries. The legal description ofthe property which you are acquiring Is as follows
0.22 acres of the J.M. Harrell Surv., Abs. No 284, WCT
August 31, 1998
Data
Joyt
August 31, 1998
Date
Signature of Seller
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY
TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR
EFFECTIVE FOR THE YEAR IN WIIICH 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 undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding crotch for the purchase of the real
property described n such notice cot closing of purchase of the real property.
Signature of Purchaser
Ai R .
eete, City Attorney
(Now Con= district name. cox rate, iced emoum. standby fee amount, and legal description are to ba placed inthe appropriate space. Except for notices included
as an addendum or paragraph of a purchase contract, the notice shall he mewed by the seller end purchaser, as indicted lithe district does not propose to provide
one or MOM of tho specified facilities and services, the appropriate purpose maybe eliminated. If the district has not yet levied taxes, a statement efthe ditriers most
•.. a.,s.n Ifthcdistrict does not have approval from the commission to adopt and impost
•
THE STATE OF TEXAS
COUNTY OF WIWAMSON
This Is to certify that this document was FILED and
Williamson County, Official
exas no the date and time
slammed thereon.
County son Caunly, Terms
Return To:
Heart of Texas Title
13581 Pond Springs Rd, Suite 106
Austin, TX 78729
Doc# 9855552
# Pages: 1
Date o 09 -23 -1998
Time a 01:30:29 P.N.
Filed 8 Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. $ 9.00
ISSUED By
COMMONWEEDH LEND Tr= INSURANCE COMPANY
Commonwealth
Your Title Insurance Policy is a legal contract between
you and Commonwealth Land Title Insurance Compa-
ny. This policy Is not an opinion or report of your title. It
isa contract of indemnity, meaning a promise to pay you
or to take other action If you have a loss resulting from
a covered title risk.
It applies only to an improved one- to-four family residen-
tial property or condominium unit If your land isnot either
of these, contact us Immediately.
Su PolizadeSeguro de Titulo es un contrato legal entre
usted yCommonwealth Land Title Insurance Company.
Este poliza noes una opinion o reporte en relation a su
tftulo de propledad. Es un contrato de Indemniicacion,
estoes, la promesade reembolsarieodetomercuatquler
otrotipo de action si usted sufre unaperdtda Como resul-
tedo de cualquler rlesgo cublerto por la poliza.
Este forma de poliza ha sido designada pare ser utilize
da exciusivamente en los trios de propiedades on las
cuales hay construldas viviendas para no mas de cuatro
families o en loscasos de unidades en condominlos. SI
su propledad noes ninguna de las anterlores, par favor,
notiflquenos inmediatamente.
We insure you against certain risks to your land title. We list these risks on page 2. The following limit your coverage:
• Exclusions on page 2.
• Exceptions on Schedule B.
• Conditions on pages 2 and 6.
OWNER'S INFORMATION SHEET
TEXAS RESIDENTIAL OWNER POLICY
OF TITLE INSURANCE ONE-TO-FOUR
FAMILY RESIDENCES
You should keep the policy even If you transfer the title to your land. If you want to make a claim, see Section 3
under Conditions on pages 2 and 6.
You do not owe any more premiums for the Policy.
This sheet Is not your Insurance Policy. It is only a brief outline of some of the important Policy features. The Poli-
cy explains in detail your rights and obligations and our rights and obligations. The policy — and not this sheet — is
the legal document.
Residential Owner Policy of TItle Insurance Ti - R
Coverage Page
Form 1186 -1 (1.1 -93)
YOU SHOULD READ THE POLICY VERY CAREFULLY.
THE TOLL -FREE NUMBER OF COMMONWEALTH LAND TITLE INSURANCE COMPANY IS 1-800-925-0965.
YOU MAY CALL THIS NUMBER TO DISCUSS THIS POLICY OR TO MAKE A COMPLAINT. YOU MAY WRITE TO
COMMONWEALTH LAND TITLE INSURANCE COMPANY AT THE ADDRESS IN SECTION 3 UNDER CONDITIONS
ON PAGE 2.
Page 1
ORIGINAL
Valid only If Coverage Statement
and Schedules A and B are attached.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commonwealth
TABLE OF CONTENTS
OWNER'S COVERAGE STATEMENT 3
COVERED TITLE RISKS 2
OUR DUTY TO DEFEND AGAINST COURT CASES 3
SCHEDULE A 4
POLICY NUMBER, DATE AND AMOUNT 4
1. Name of Insured 4
2. Interest In Land Covered 4
3. Description of the Land 4
SCHEDULE B - EXCEPTIONS 5
EXCLUSIONS 2
CONDITIONS 2 and 8
1. Do6Ntlons 2
2. Continuation of Coverage 2
3. You Duties ff You Make a Claim 2 and 6
4. Our Cholass When you Notify Us of a Claim 8
5. Hendtlng a Claim or Court Case e
6. Limitation of Our Liability 6
7. Transfer of Your Rights 8
6. Arbitration 8
B. Entire Contract Provision 6
10. Complaint Nance 8
COVERED TITLE RISKS
This Policy covers the following title risks subject to the Exceptions (p. 6)
and Exclusions (p.2), if they affect your title to the land on the Policy Date. We
do not promise that there are no covered risks. We do Insure you If there are
covered title risks.
1. Someone else owns an Interest In your title.
2 Adocwned s hwald becauseof Improper =mature, ac
delivery, or recording.
3. Adocument Is Invalid because of forgery, fraud, duress, Incompetency,
Incapacity or impersonation.
4. Restrldive covenants apply to your title.
6. There is a lien on your title because of
• a mortgage or deed of trust,
• a judgment, tax, or special assessment, or
• a charge by a homeowner's or condominium association.
8. There are liens on your title for labor and material which have their
Inception before the policy date. However, we wit not cover liens for labor
end material that you agreed to pay for.
7. Others have rights In your Ole arising out of leases, contracts or options.
B. Someone else has an easement on your land.
9. You do not have good and Indefeasible We.
10. There are other defects In your title.
11. There are other [lens or encumbrances on your title.
TMs Policy also covers the following title risk:
You do not have any legal right of access to and from the land.
EXCLUSIONS
In addition to the Exceptions In Schedule B, we do not insure you against
loss, costs, attorney's fees, and expenses resulting from these Exclusion=
1. Wedorxxmver loss caused bythe exercise of governmental poncepower
or the enforcement or violation of any law or government regulation. This in-
cludes building and zoning ordinances and lawsend regulationsooroemsg:
a. Lend use
b. Improvements on the land
c. Land division
d. Environmental protection
This exclusion does rah apply to notices of violations or notices of enforce -
mentthat appear in the public records at Policy Date. However, there maybe
an Exception in Schedule B.
2. We do not cover the right to take the land by condemning it, unleea:
a. a notice of exercise of the right appears in the pubic records on the
Polley Data, or
Page 2
b. the taking happened before the Poky Date and is binding on you if
you bought the land without knowing of the taking.
3. We do not cover title risks:
a. that are created, allowed, or agreed to by you,
b. that are know to you, but not to us on the Policy Date unless they ap•
peered In the pubic records,
o. that result In no loss to you, or
d. thee first affect you title after the Policy Date - this does not limb the
labor and material lien coverage In Item 8 of the Covered Title Risks.
4. We do not cover the effect of failure to pay value for your title.
5. We do not cover lack of a right:
a to any land outside the area specifically described and referred to In
item 3 of Schedule A,
b. In streets, alleys, or waterways that touch your land.
This exclusion does not emit the access coverage in the Covered Title
Risks.
6. We do not cover any claim based upon allegations that your purchase
of title (or acquisition of title by gift or otherwise):
a was a fraudulent conveyance, fraudulent transfer, voidable distribu-
tion, or voidable dividend;
b. should be subordinated or reclaracterized as a result of equitable
suborcllnatlon;
O. was a preferential transfer unless
(1)the Company or is Issuing agent failed to timely file for record the
deed to you after delivery or
(2) the recordation of the deed to you is not legal record notice.
(We do cover dretwotypesof claims described In (1) andc.(2)ebove.)
7. We do not cover the refusal of any person to buy, lease or lend money
on your land because of =marketability of the title.
6. We do not cover claims concerning the physical condition of your land
or of the access to your land.
CONDITIONS
1. DEFINITIONS
a Actual Loss. This lathe dNfererrce between the value of your land without
the covered tale risk widths value of your land with the covered title risk. These
vanes erethe respective values at the time you must furnish proof of your loss.
b. Document. A deed or other conveyance of title to you ore prior owner.
c. Easement. A portion of your land someone else has the right to use for
a special purpose.
d. Government Regulation. Any federal, state, or local law, corstltWonal
provision, regulation, ordinance, or guideline.
a Land. The land or condominium unit described in Schedule A and any in-
provements on the land that are real properly.
f. Knowledge or known. Actual knowledge, not constructive knowledge or
notice that may be imputed to an Insured by the public records.
g. Mortgage. Atype of tenon the land such as a deed =bust oroterseraslly
Instrument.
h. Public Records. Those records required by Texas law and maintained
by pubic officials in the county wberet epropertyis loaded that give legal notice
of matters affecting you tale.
I. Title. The ownership Interest In the lend, as shown In Schedule A.
j. We, us or our. The title Insurance company. This is Ccmnonwealth Lend
Title Insurance Company.
k. You, your. The Insured.
2. CONTINUATION OF COVERAGE
We insure you as long as you:
a own your Title,
b. own a mortgage from anyone who buys your Title, or
c. are liable for any Title warranties you make.
We insure anyone who receives your title because of your death. ,
We do not Insure your transferee or assignee.
3. YOUR DUTIES IF YOU MAKE A CLAIM
You must follow this process to make a claim:
a You Must Give Us Notice Of Your Claim
I anyone claims a rights against your Insured title, you must notify us
promWy.
Send the noticeto Commonwealth Land Tile lnsuranceCompany,12201
Merit Drive, Suite 460, Dallas, TX 75251 or call 14300-925-0965 and ask for e
claims attorney. If you Initially notify us by phone, we recommend that you also
notify us In writing. Please include the Polley number shown In Schedule A, and
the county where the land s.
lamp BY
COMMONWEALTH LAND T is IIMUHANCE COMPANY
Commonwealth
OWNER'S COVERAGE STATEMENT
This Policy insures your title to the land described in Schedule A —if that land isaone to- tourfamily residential property
or condominium unit.
Your insurance, as described in this Coverage Statement, Is effective on the Policy Date shown in Schedule A.
This document is title insurance. It Is not an opinion or report of your title. it is a contract of indemnity, meaning a
promise to pay you or take other action if you have a loss resulting from a covered title risk.
Your insurance under this contract Is limited by the following:
• Exclusions on page 2.
• Exceptions in Schedule B, page 5.
• Conditions on pages 2 and 6.
We insure you against actual loss resulting from:
• Any title risks covered by this Policy — up to the Policy Amount, and
• Any costs, attorneys' fees and expenses we have to pay under this Policy. We must approve the attorney be-
fore the attorney begins to work. You have the right to disapprove our choice of attorney for reasonable cause.
Residential Owner Policy of Title Insurance T -1 R
Face Page (1 -1-83)
Form 1186 -2
OUR DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in the part or parts of a court case Involving a Title Risk covered by this Policy. We will pay
the costs, attorneys' fees, and expenses that we incur in that defense. We will not pay for the parts of a case not involv-
ing a covered title risk. You may disapprove our choice of attorney for reasonable cause.
We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions, see page 6.
This Policy is not complete without Cover Page and Schedules A and B.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Page 3
ORIGINAL
TEXAS RESIDENTIAL OWNER POLICY OF TITLE
INSURANCE ONE - To - FouR FAMnx RESIDENCES
POUCY NUMBER
185 - 189156
By:
Chairman and Chief Executive Officer
Attest:
Secretary
GF NO.: 836698 -CH
POLICY #: 185- 189756 SIMULTANEOUSLY WITH POLICY #:
PROPERTY CODE: T1 COUNTY: Williamson
AMOUNT OF INSURANCE: $84,666.66 DATE OF POLICY: September 23, 1998 at 1:30pm
RATE RULE(S) /CODE(S): PREMIUM(S):
R3
NAME OF INSURED:
City of Round Rock
HEART OF TEXAS TITLE COMPANY
1001 SOUTH MAYS
ROUND ROCK, TX 78664
512 -255 -1550
$ 872.00
TOTAL: $ 872.00
COMMONWEALTH LAND TITLE INSURANCE COMPANY
TEXAS RESIDENTIAL OWNER POLICY OP TITLE INSURANCE
ONE -TO -FOUR FAMILY RESIDENCES
Policy Number: 185- 189756
Policy Date: September 23, 1998 at 1:30pm
Policy Amount: $84,666.66
Premium: $872.00
1. Name of Insured:
City of Round Rock
SCHEDULE A
2. We insure your interest in the Land covered bj' this Policy is:
Fee Simple
3. Legal Description of Land:
File Number: 836698 -CE
BEING THE SAME TRACT OF LAND CONVEYED TO LENZO CLARK AND WIFE, JOYCE CLARK IN DEED
DATED JULY 10, 1952, RECORDED IN VOLUME 381, PAGE 358, DEED RECORDS, WILLIAMSON
COUNTY, TEXAS, SAID TRACT A PART OF THE J. M. HARRELL SURVEY IN WILLIAMSON
COUNTY, TEXAS, AND BEING 1. PART OF THAT CERTAIN TRACT OF TWO ACRES DESCRIBED IN DEED
FROM W. L. BLACK, ET AL. TO GEORGE CLARK AND CAROLINE CLARK, DATaU MARCH 21, 1921,
RECORDED IN VOLUME 201, PAGE 568, DEED RECORDS, WILLIAMSON COUNTY, TEXAS AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO:
Texas Residential Owner Policy T -1R (Rev. 1 -1 -93)
Schedule A
Page 4
ORIGINAL
HEART OF TEXAS TITLE COMPANY COMMONWEALTH LAND TITLE INSURANCE COMPANY
d
• of the Cold 1 :'illiamaon , State of 3X56 "— „ aO that cattalo
tract or parcel of land, being a part of the J. M. DIarrell "urve;, n..d
located in the town of Round Rook, Williamson County, Texas, and be:
a port of that certain tract of two acres described in Deed from I. 7..
Black, at al. to oeorgo Clark and Carline Clark, dated March 21, 1�:.'.
recorded in Volume 201, Page 568, Deed Records of Williamson Court:.,
Texas, and being. described more artioularly as folloras:
D OIIh1WLO..at a o t w > d = „rs o the I. f: O. la. Ra :. -
road Right afV..lda . 1 :.i.'. :,1' N, `;i 7_ ent Farm to Market
' j Road running dlest"'frotd he :,d,: ;c4..:; . I' ereeath:V
THENCE in a Northerly direa ona ong, the East lino Of acid ^_7-
road Ri Eht of Way 76 feet for9fIre' tig 7..
iniiingkaorner hereof;
TIC:,FCE in a Northerly dire' 't''dre ai aat line of said Ilb. --
road ;'i :;ht of flay 76 feet; • ": .: ":i■
TU.7TC:; ii, an 7asterly direction, perpendicular to said railroad
riche of ern; 125 feet;
TII -N in a Southerly direction parallel to said railroad r.',::::t-
• j of -way 76 feet;
THENCE in a Westerly direotion,125 feet to the plane of beginning.
THE STATE OF TEXAS
COUNTY OF WIL11AMSON
This Is to certify that this document was FILED and
RECORDED In the Official Public Records of
Williamson Calmly, Texas on the data and time
stamped thereon.
County Clark
Williamson County, Texas
Doc# 9855550
# Pages: 4
Date : 09 -23 -1998
Time a 01 :30 :29 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY COUNTYECLERKTER
Rec. $ 15.00
Texas Residential Owner Policy T -IR (Rev. 1 -1.93)
Cc" Iule B
SCHEDULE B
File Number: 836698 - CH
EXCEPTIONS FROM COVERAGE
We do not cover loss, costs, attorney's fees and expenses resulting from:
1. Exception Number 1 is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any
insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons,
the public, corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial
rivers and streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government, or
c. to filled -in lands, on artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation
or the right of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 1998,
and subsequent years, and subsequent taxes and assessments by any taxing authority
for prior years due to change in land usage or ownership.
6. The following matters and all terms of the documents creating or offering evidence
of the matters (We must insert matters or delete this exception):
a. Right -of -way Easement granted to City of Round Rock, Recorded in Volume 1094,
Page 775, Official Records, Williamson County, Texas.
b. Right -of -way Easement granted to City of Round Rock, Recorded in Volume 1123,
Page 341, Official Records, Williamson County, Texas.
c. The rights of BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 to levy
taxes and issue bonds as set out in information filed by said district in the records
of the County Clerk of Williamson County, Texas. (This is for informational purposes
only)
d. Any visible and apparent easements and all underground easements, the existence
of which may arise by unrecorded grant or by use.
e. Section 14 of the Conditions and Stipulations of this policy is hereby deleted.
HEAR OF � TEEXAS TITLE COMP
Page 5
ORIGINAL
By:
Heart of Texas Title
' 13681 Pond Springs Ad; Suite 106
Austin, TX 78729
Policy Number: 185- 189756
Authorized Countersignature
Our obligation to you Is reduced or ended it
(1) you fail to give prompt notice, and
( 2) your failure affects our abilityto depose ofortodefendyou against the
Claim.
Our obligation is reduced on ytothe extentthat your failure affects our abil-
ity to dispose of or to defend you against the claim.
b. You Must Give Us Proof of Your Loss If We Request B
You mustsend to us, if weregtrest, your signed Woof of loss within 81 days
of our 'squeal onastardardfomssupptidbyus .Within15daysafterwereceive
your notice of claim, we must request a signed proof of loss. If not, we waive
our right to require a proof of loss. This waiver wit not waive our other rights
underthe policy. The statement must havethe following Information to the best
of your knowledge:
(1) the Covered Title Risks which resulted In your loss,
(2) the dollar amount of your loss, and
(3) the method you used to compute the amount of your loss.
c. You Must Provide Papers We Request.
We may require you to show us your records, checks, letters. contracts.
and other papers that relates your claim of loss. We may make copies of these
papers
If you tell us this information Is confidential, we will not disclose it to any-
one else dmiesa we reasonably believe the disclosure Is necessary to administer
the claim.
d. You Must Answer Questions Under Oath.
We may require you to answer questions under oath.
e. Effect of Failure to Cooperate.
Ow obligation to you reduces or ends If you fag or refuse to:
( (a) provide a statement of loss,
(b) answer our questions under oath, or
(c) show us the papers we request, and
(2) your failure or refusal effects our ability to dispose of or to defend you
against the claim.
4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM
a. Aharwe receive your claim noncom in any other way learn of a matter for
which we are liable, we can do one or more of the following:
(1) Pay the claim against your title.
(2) Negotiate a settlement.
(3) Prosecute or defend a court case related to the claim.
(4) Pay you the amount required by this Policy.
(5) Take other action under Section 4b.
(6) Cancel this policy by paying the Policy Amount, than In force, and only
those costs, attorneys' fees and expenses incurred up to that time that we are
obligated to pay.
We can choose which of these to do.
b. If you report to us that a covered title risk exists, we will promptly inves-
tigate to determine If that covered title risk Is valid and not barred by law or sta-
tute. Adovered title risk is a title risk that this Policy does not exclude or except.
If we conclude that your claim, or any part of your claim, Is covered by the
policy, we will take one or more of the following actions to the extent that it is
covered:
(1) Institute all necessary legal proceedings to clear the title to the properly:
(2) Indemnify you pursuant to the terms of the policy;
(3) Issue a new title policy without making exception to the covered title
risk. If another Insurer Issues the new title policy to your purchaser, lender or
other transferee without making exception to the covered this risk, we will In-
demnity the other Insurer.
(4) Secure a release of the covered title risk.
c. If we deny your claim, or any part of your claim, not more than 15 days af-
ter we deny the claim, we will:
(1) notify you In writing, and
(2) give you the reasons for denial of your claim In writing.
5. HANDLING A CLAIM OR COURT CASE
You must cooperate with us in handling any claim or court case and give us
all relevant information.
We must repay you only for those settlement coats, attorneys' fees and ex-
penses that we approve In advance.
When we defend or sue to clear your title, we have a right to choose the at-
torney. You have the right to disapprove our choice of attorney for reasonable
Texas Residential Owner Policy of TNe Insurance T-1R
Form B1186-1 Page 6
Cause. We can appeal anydeolston to the highest court. We do not have to pay
your clefs until your case Is finally decided. We do not agree that the matter
Is a Covered title risk by defending.
S. LIMITATIONS OF OUR LIABW7Y
Our liability Is limited by the following:
a. we will pay up to your actual loss or the Policy Amount In force when the
claim is made — whichever Is less.
b. If we remove the claim again tyourtitlewithrembledmgenceorteke
other action urderthis policy after receiving notice of ft, we will have no further
liability for IL
c. Allpeymenlswe make undert is policy — except forcoss, attorneys' fees
and expenses — will be subtracted from your Policy Amount.
d. If the Covered Title Risk lean easement. we may pay an Inured mortgage
holder instead of paying you when a written agreement between you and the
mortgage holder allows. If the claim Involves another Covered Title Risk, we
may pay the mortgage holder Instead of paying you. The amount paid to the
mortgage holder is considered a payment to you under your policy and will be
subtracted from your policy amount
e. If you do anything o affect any right of recovery ordefenseyou may have,
we can subtract from our liability the amount by which you reduced the value
of that right or defense. But we must add beck to our (lability any amount by
which our expenses are reduced as a result of your action.
7. TRANSFER OF YOUR RIGHTS
When we settle a claim, we have all the rights you had against any person
or property related o the claim. You must transfer these rights to us when we
ask, and you must not do anything to affect these rights. You must let us use
your name In enforcing these rights.
We will not be liable to you If we do not pursue these rights or If we do not
recover any amount that might be recoverable.
With the money we recover from enforcing these rights, we will pay whatever
part of your loss we have not paid. We have a right to keep what is left.
fl. ARBITRATION.
If it is permitted under Texas or federal law, you and we may agree to arbitra-
tion when you fee a claim.
The arbitration may decide any matter In dispute between you and us.
Arbitration Is one means of alternative dispute resolution. It may lessen the
time and cost of claims settlement. You may wish to consider another form of
mediation or use the court system. If you choose arbitration, you may give up
some discovery rights and your right to sue.
The arbitration award may:
e. Include attorneys' fees If allowed by state law, and/or
b. be entered as a Judgment In the proper court.
The arbitration shall be under the Title Insurance Arbitration Rules of the
American Arbitration Association. You may choose current Rules or Rules in
existence on Policy Date.
The law used In the arbitration Is the law of the place where the property is
located.
You can get a copy of the Rules from us.
9. ENTIRE CONTRACT PROVISION
This policy and any endorsements we attach are the entire contract between
you and us.
Any claim you make against us must be under this Policy and is subject to
Its terms.
10. COMPLAINT NOTICE
Should any dispute arise about your premium or about a
claim that you have filed, contact the agent or write to us. OUR
TOLL-FREE NUMBER IS 1-800- 925 -0965. If we do not resolve
the problem, you also may write the Texas Department of Insur-
ance, P.O. Box 149091, Austin, TX 78714-9091, Fax No. (512)
475 -1771. THE TOLL -FREE NUMBER FOR THE TEXAS
DEPARTMENT OF INSURANCE IS 1-800. 252 -3439.
This notice of complaint procedure is for information only. It
does not become a part or condition of this policy.
TEXAS RESIDENTIAL OWNER
POLICY OF TITLE INSURANCE
ONE — To - FOUR
FAMILY RESIDENCES
d