R-98-07-23-10C2 - 7/23/1998TEST:
WHEREAS, Claraetta Campbell and the Estate of Verly Campbell
owns 0.22 acres of land on the west side of Chisholm Trail between
Brushy Creek and Hwy. 620, and
WHEREAS,Claraetta Campbell and the Estate of Verly Campbell
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 Claraetta Campbell
and the Estate of Verly Campbell, 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 agtended, and the Act.
RESOLVED this 23rd day of July,
K, \RPIIOCR\RRROLOT2 \RRO',2JC2, PD /Reg
LAND, City Secretary
RESOLUTION NO. R
CHARLES CULP P , Mayor
City of Round Rock, Texas
State of Texas
County of Williamson
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE ( "Contract ") is made by and between the
ESTATE OF VERLY CAMPBELL and, CLARAETTA CAMPBELL, 500 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 500
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
(S84,666.66).
2.02.
closing.
C: \an CSUCITY \C;MM:.:.\C@,RACT \KY vAHP.WPD /sls
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 Lenzo Clark and wife, Joyce Clark.
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
4.01. At the closing Seller shall:
2
(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
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;
3
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 Purchaser. 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 :0
Seller and applied to the cash portion of the purchase price,
provided, however, that in the event the Purchaser shall have given
written notice to the title company that one or more of the conditions
to its obligations set forth in Article III have not been met, or, in
the opinion of Purchaser, cannot be satisfied, in the manner and as
provided for in Article III, then the Escrow Deposit shall be
forthwith returned by the title company to Purchaser.
ARTICLE VII
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the sale of
the Property for any reason, except Purchaser's default, Purchaser
may: (1) enforce specific performance of this 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.
4
(d) This
with the laws
parties created
(e) This
of the parties
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
Contract shall be construed under and in accordance
of the State of Texas, and all obligations of the
hereunder are performable in Williamson County, Texas.
Parties Bound
Contract shall be binding upon and inure to the benefit
and their respective heirs, executors, administrators,
5
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*
ESTATE OF VERLY CAMPBELL
By:
6
Claraetta Campbell
By:
By:
By:
By:
By:
By:
CLARETTA CAMPBELL, Individually
500 Chisholm Trail Road
Round Rock, Texas 78664
PIIRCHAS
CITY,
By:
221 E. Main Street
Round Rock, Texas 78664
7
Wenfred Mays
422 East Grove St.
Pomona, CA 91767
Floyd Campbell
Rt. 2, Box 402C
Senton, Texas 78387
Ronie Campbell, St.
2323 Riverhill Drive
Valdosta, GA 31602
Shirley Mays Daniel
10007 East Rundberg Ln.
Austin, Texas 78753
Evelyn Joann Mays Robinson
506 Chisholm Trail Road
Round Rock, Texas 78681
Joyce Marie Campbell McGhee
500 Chisholm Trail Road
Round Rock, Texas 78681
Z EXAS
Charles Cu p er, Mayor
DATE: July 17,1998
SUBJECT: City Council Meeting - July 23, 1998
ITEM: 10.C.2. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with aaraella Campbell and the Estate of Verly
Campbell 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.
$, tsiggSCH
Date:
RE- RECORD TO ATTACH EXHIBIT "A"
CASH WARRANTY DEED
g/ 3 .1998
Grantor's Mailing Address (including county):
Clararetta Campbell
500 Chisholm Trail Road
Round Rock, Texas 78681
Williamson County
Wenfred Mays
422 East Grove St.
Pomona, CA 91767
�t
�O S uc /e County
Floyd Campbell
Rt. 2, Box 402C
Sen on, TX 78387
f � U GC e5 County
Ronnie Campbell
2323 Riverhill Drive
Valdosta, FA 31602
CdW ln/, L S County
Shirley Mays Daniel
10007 East Rundberg Lane
Austin, Texas 78753
Travis County
Evelyn Joann Mays Robinson
506 Chisholm Trail Road
Round Rock, Texas 78681
Williamson County
CASH WARRANTY DEED - PAGE 1
DOC11 9858710
DUC18 9854379
Grantors: Clararetta Campbell, Wenfred Mays, Floyd Campbell Ronnie, Campbell
Shirley Mays Daniel, Evelyn Joann Mays Robinson, Joyce Marie Campbell McGhee
Joyce Marie Campbell McGhee
500 Chisholm Trail Road
Round Rock, Texas 78681
Williamson County
Grantee: City of Round Rock 1
Grantee's Mailing Address (including County): NO S (r?NV4Jlo
30aI _�
4
CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable
consideration.
PROPERTY (including any improvements):
CASH WARRANTY DEED - PAGE 2
0.22 of an acre of land, being a portion of the land conveyed by W. L. Black et
al to George Clark and wife, Caroline Clark, by Deed dated March 21, 1921, of
record in Volume 201, Page 568, Deed Records, Williamson County, Texas,
being a part of the J. M. Harrell Survey in Williamson County, Texas, being the
same tract conveyed to Verley Campbell and wife, Clararetta Campbell by Deed
recorded in Volume 472, Page 369, Deed Records, Williamson County, Texas,
and being further described by metes and bounds in Exhibit "A" attached
hereto:
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND
WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record
or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or
other mineral leases, mineral severances, and other instruments, other than liens and
conveyances, that affect the property; rights of adjoining owners in any walls and fences
situated on a common boundary; any encroachments or overlapping of improvements;
all rights, obligations, and other matters emanating from and existing by reason of the
creation, establishment, maintenance and operation of the Brushy Creek Water Control
and Improvement District No. I ; taxes for the current year, the payment of which
Grantee assumes; and the following specific reservations and exceptions, to -wit:
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.
CASH WARRANTY DEED - PAGE 3
FEUX FUPPY
March 27, 2OCri
MY COMPASSION EXPIRES
CASH WARRANTY DEED - PAGE 4
ACKNOWLEDGMENT
Clararetta Campbell
STATE OF (-.XciS
COUNTY OF Lail aP
This instrument was acknowledged before me on this '' day of
1998, by Clararetta Campbell.
Notary Public, State of
ACKNOWLEDGMENT
STATE OF CAL C
COUNTY OF fro s AnlCs.6 S
Id-6 .
Wenfred Mays
This instrument was acknowledged before me on this 2 day of r -& S T ,
L998, by Wenfred Mays.
Swv vuu. G. WUEYERATNE r
Commission a 1168188 Notary Public, State okL A
Notary Public - Catania _
Los Angeles County
My Comm. Expires Jon 9, 2002
CASH WARRANTY DEED - PAGE 5
ACKNOWLEDGMENT
STATE OF tieR
COUNTY OF
This instrument was acknowledged before me on this 2-la -day of --
1998, by Ronnie Campbell. G. Pt.
W COMMI sion otr
May 7, MOO
CASH WARRANTY DEED - PAGE 6
otary Public, State of TA-41,
MAMIE O. roans
MY COMMISMON DWIES
Way 7, 2000
STATE OF
COUNTY OF
ACKNOWLEDGMENT
Ronnie Campbell,/
This instrument was acknowledged before me on this day of
1998, by Verley Campbell.
CASH WARRANTY DEED - PAGE 7
Vu.ty Fuhlic, Lowndes County, Georgia
My c nimisslon Expires Jan. 4, 2002
CASH WARRANTY DEED - PAGE 8
ACKNOWLEDGMENT
STATE OF I excis"
COUNTY OF 1.A.SI
This instrument was acknowledged before me on this day of AlluSt ,
1998, by Shirley Mays Daniel.
Notary Public, Stat of
STATE OF t ekii.S
COUNTY OF WiThau,CL,
FELIX HIPPY
MY COMMISSION EXPIRES
March 27, 2001
CASH WARRANTY DEED — PAGE 9
ACIINOWLEDGMENT
This instrument was acknowledged before me on this f day of
1998, by Evelyn Joann Mays Robinson.
Notary Public, State of
PREPARED IN THE OFFICE OF:
AFTER RECORDING RETURN TO:
CASH WARRANTY DEED - PAGE 10
Rippy & Whitlow, L.L.P.
213 N. Mays
Round Rock, Texas 78664
Heart of Texas Title Company
1001 S. Mays
Round Rock, Texas 78664
/
o e "e Campbell McGhee
er ACKNOWLEDGMENT
STATE OF lea5
COUNTY OF L) illicv
This instrument was acknowledged before me on this ° RI day of uSt,
1998, by Joyce Marie Campbell McGee.
It": St OF TE(AS '
DF {"TILLIAt1t30%
It !! reliiy that Is dncurnent was FILED and
1 Li) ■■7 the C, natal Lti!c Rapids of
Ceun exas on the date and lima
iiTertD
e T 3 L.4 .
r(1.1My
Imo
0.22 of an acre of land, being a portion of the land conveyed
by W. L. Black et al to George Clark and wife, Caroline Clark,.
by deed dated March 21, 1921, of record in Vol. 201, Page 568,
of the Williamson County Deed Records, being a part of the
J. M. Harrell Survey in Williamson County, Texan, and de-
scribed as follows:
SEOINNINO at a steel pin net in the west line of said Clark
land at the intereeation of the east line of the I. & O. N.
RR right -of -way and the north line of F. M. Road No. 620;
THENCE with the east right -of -way line of, the I. & 0. N.
Railroad N. 16 36' 11. 122.00 feet to a steel pin net for
the northwest corner of this tract;
THENCE N. 64° 53' E. 91.30 feet to a steel pin set in the
went line of Moffett Street for the northeast corner of this
tract;
feetCto�catsteel line of
Moffett line e o1' F.- M. No2
for the southeast corner of this tract;
THENCE with the north line of F. M. Road No. 620 N. 89 23' 11
33.02 feet to a concrete highway marker;
THENCE with the north line of F. 14. Road No the same 0. n 32' w.
31.57 feet to the place of beginning, being
veyed by George Clark and wife, Caroline Clark, to Verlcy
Campbell et al by deed of record in Vol. 464, Page 63, of
the Williamson County Deed Records.
THE STATE OF 71745
MAONTr Of WILLi6,MSON
This is to cerhly that this dncement was FILED and
RECORDED In the Olt:eial Resort of
Cc snty, Texas on the dale and time
stcrIped thereon.
October 2, 1998
CITY OF ROUND ROCK
C/0 STEVE SHEETS
309 E. MAIN STREET
ROUND ROCK, TEXAS 78664
RE: Heart of Texas Title Company GF #: 836898
Property Address: 500 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
Notice
Endorsement
Assignment
Financing Statement
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,
VAL S. VOLR
Policy Department
13581 Pond Springs Rd., Ste 106
Austin, Texas 78729
Enclosures
HEART OF TEXAS TITLE COMPANY
(512) 335 -3651 Fax: (512) 335 -3768
1001 South Mays
Round Rock, Texas 78664
512- 255 -1550 • FAX: 512- 255 -2329
Issuso BY
COMMONWEACfa IAND Trrix INSURANCE COMPANY
Commonwealth
OWNER'S INFORMATION SHEET
TEXAS RESIDENTIAL OWNER POLICY
OF TITLE INSURANCE ONE-TO-FOUR
FAMILY RESIDENCES
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
is a contract of indemnity, meaning a promise to pay you
or to take other action 11 you have a lose resulting from
a covered title risk.
It applies only to an Improved one - to-four family realden-
tial properly or condominium unit. If your land is not either
of these, contact us Immediately.
Su Polizade Seguro de Titulo es un contrato legal entre
usted y Commonwealth Land Title Insurance Company.
Este polka no es una opinion o reports en relation a au
titulo de propledad. Es un contreto de ktdemntflcaclon,
esto es, lapromesade reembolsarleodetomercualquler
otrotipode acclon ai usted sufre una parade como resul-
tedo de cualquler rieago cul lerto por la poliza.
Este forma de polka ha silo designada pars ser utiliza-
da exclustvamente en los casos de propledades en las
cuales hay construidas viviendas pare no mas de cuatro
families o en los casos de unidades en condominlos. Si
su propiedad no es ninguna de las anteriores, por favor,
notlfiquenos Inmediatamente.
III IMP. III n1 III NW orpummenimarmummumananwrs
We Insure you against certain risks to your land title. We list these risks on page 2. The following limit your coverage:
• Exclusion on page 2.
• Exceptions on Schedule B.
• Conditions on pages 2 and 6.
You should keep the policy even tf 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.
YOU SHOULD READ THE POUCY VERY CAREFULLY.
THE TOLL -FREE NUMBER OF COMMONWEALTH LAND TITLE INSURANCE COMPANY IS 1- 800. 92 -0965.
YOU MAY CALL THIS NUMBER TO DISCUSS THIS POUCY 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.
Resdentlal Owner Polity of Title Insurance T -1 R
Coverage Page
Form 1186 -1 (1.1 - 93)
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. 'Merest In Land Covered 4
3. Description of the Land 4
SCHEDULE B • EXCEPTIONS 5
EXCLUSIONS 2
CONDmoNS 2 and 6
1. Definitions 2
2. CondnuatiOn of Coverage 2
3. Your Duties I You Make a Claim 2 and 6
4. Our Choices When you Notify Us of a Claim 6
5. Handling a Claim or Court Case 6
6. Limitation of Our Llabilty 8
7. Transfer of Your Rlghls 6
IL Arbitration 6
9. Entire Contract Provision 6
10. Compla1M Notice 6
COVERED TITLE RISKS
This Policy covers the following title risks subject to the Exceptions (p. 5)
and Exclusions (p. 2), If they affect your titletotha lard on the Policy Dam. 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 tale.
2 Adooument is Invalid bemraeof improper signature, acka gemem.
delivery, or recording.
3. Adcounent is invalid beca seof forgery, fraud, duress, Incompetency,
Incapacity or impersonation.
4. Restrictive covenants apply to your title.
5. 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 cordomWum assordation.
6. There are 'lens on your title for labor and material which have thelr
Inception before the policy dam. However, we will not cover 'fens for labor
and materiel that you agreed to pay for.
7. Others have rights in your t0e arising out of leases, cortlrdcmoroptions.
8. Sonteone else has an easement on your lend.
9. You do not have good and indefeasmte tide.
10. There are other damns in your title.
11. There are other ions or encumbrances on your title.
This Polley also covers the following title risk
You do not have any legal right of access to and from the land.
EXCLUSIONS
m addition to the Exoepdc s in Schedule B, we do not insure you against
toss, costs, ads fees, end expenses resulting from titese Exclusions:
1. Wedo not cover loss caused by the mends algovararrenlal pollee power
or the enforcement or violation of any taw or government regulation. This in-
cludes building and zoning ordinances and laws and regulations concerning:
a. Land use
b. Improvements on the land
o. Land division
d. Environmental protection
This sbn does not apply to notices of violations or notices of enforce-
ment that appears 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 unless:
a e notice of exercise of the right appears In the public rends on the
Policy Date, w
Page 2
b. the bildng happened before the Policy Date and Is blrxfing on you if
you bought the land without knowing of the taking.
3. We do not cover title Asks
a. that are created, allowed, or agreed to by you,
b. that ere (mown toyou, but not to us on the Policy Date unless they ap-
peared In the public records,
c. that result In no loss m you, or
d. that find affect your tMe after the Policy Date- this does not limit the
labor and material lien coverage In Item 6 of the Covered Title Risks.
4. We do not cover the effect of failure to pay value for your title.
6. We do not Dover 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 limit the access coverage in the Covered Title
Risks.
8. We do not cover any claim based upon allegation that your purchase
of title (or acquisition of title by gift or o helwlse
a. was a fraudulent conveyance, fraudulent transfer, voidable distribu-
tion, or voidable dividend;
b. should be subordinated or recharectedzed as a result of equitable
subordination;
c. was a prelerential transfer unless
(1) the Company or Its Issuing agent faked 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 d000verthet types ofctamsdescribed ins Mend 0.(2) stove.)
7. We do not cover the refusal of any person to buy, lease Or lend money
on your land bemuse of unmarketabilty of the title.
8. We do not cover claims mtaemtng the physical condition of your land
or of the access to your lard.
CoNDmoNs
1. DEFINITIONS
a. Actual Loss. This lathe difference between the value of your land without
the covered title risk and the value of your land with the covered title risk. These
values are the respective values at the time you mustfumish proof of your loss.
b. Document. A deed or other conveyance of title to you or a prior owner.
c. Easement. A portion of your lend someone else has the right to use for
a special purpose.
d. Govermnent Regulation. Any federal, state, or local law, constitutional
provision, regulation, ordinance, or guideline.
e. Land. The lard or condominium unit described In Schedule and any Im-
provements on the land that are real property.
1. Knowledge or known. Actual knowledge, not coreWCave knowledge or
notice that may be Imputed to an Insured by the public records.
g. Mortgage. Atypeof fen onto lard such asadeed of truster other security
Instrument.
h. Public Records. Those records required by Texas law and maintained
by public officials in the county where the propenyIslocated that give legal notice
of matters affecting your title.
I. Title. The ownership interest In the land, as shown 1n Schedule k
J. We, us or our. The title Insurance company. This Is Conomnweaitu Land
Title insurance Company.
k. You, your. The Insured.
2. CONTINUATION OF COVERAGE
We insure you as long ae you:
a. own your Title,
b. own a mortgage from anyone who buys your rue, or
c. are liable for any Title % armndes you make.
We Inane anyone who receives your title because of your death..
We do not insure your transferee or assignee.
9. YOUR DUTIES IF YOU MARE A CLAIM
You must follow this process to make a olalm:
a. You Must Give Us Notice Of Your Claim
If anyone clams a rights against your insured title, you must notify us
promptly
Sedthe notice to Convnonwealh Land Title Insurance Company, 12201
Merit (hive, Suite 450, Dallas, TX 75251 or m01- 800 -925 -0965 and ask for a
claims attorney. If you Initially rattly us by phone, werecommend that you also
notify us In writing. Please include the Poky muntershown in Schedule A, and
the county where the lard Is.
Issuer. BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commonwealth
This Policy insures your title to the land described In Schedule A— if that land is a one-to-four family 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 Toss 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:
OWNER'S COVERAGE STATEMENT
TEXAS RESIDENTIAL OWNER POLICY OF TITLE
INSURANCE ONE - To - FOUR FAMILY RESIDENCES
POLICY NUMBER
• Any title risks covered by this Policy — up to the Policy Amount, and
• Any costs, attomeys' fees and expenses we have to pay under thls Policy. We must approve the attomey be-
fore the attomey begins to work. You have the right to disapprove our choice of attomey for reasonable cause.
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 hated In Item 4 of the Conditions, see page6.
This Policy Is not complete without Cover Page and Schedules A and B.
Residential Owner Policy of Tile Insurance T -1 R
Face Page(1-1-93)
Form 1188-2
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Page 3
ORIGINAL
By:
Chairmen and Chief Executive Officer
TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE -TO -FOUR FAMILY RESIDENCES
SCHEDULE A
Policy Number: 185- 189757 File Number: 836898 -CH
Policy Date: September 17, 1998 at 2:09pm
Policy Amount: $84,666.66
Premium: $872.00
1. Name of Insured:
City of Round Rock
2. we insure your interest in the Land covered by this Policy is:
Fee Simple
3. Legal Description of Land:
0.22 OF AN ACRE OF LAND, BEING A PORTION OF THE LAND CONVEYED BY W. L. BLACK ET AL TO
GEORGE CLARK AND WIFE, CAROLINE CLARK, BY DEED DATED MARCH 21, 1921, OF RECORD IN
VOLUME 201, PAGE 568, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, BEING A PART OF THE J.
M. HARRELL SURVEY IN WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT CONVEYED TO
VERLEY CAMPBELL AND WIFE, CLARARETTA CAMPBELL BY DEED RECORDED IN VOLUME 472, PAGE
369, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, AND BEING FURTHER DESCRIBED BY METES AND
BOUNDS IN EXHIBIT "A" ATTACHED HERETO.
Texas Residential Owner Policy T -1R (Rev. 1 -1-93)
R.b.inle A
Pegs 4
ORIGINAL
HEART OF TEXAS TITLE COMPANY COMMONWEALTH LAND TITLE INSURANCE COMPANY
0.22 of an acre of land, being a portion of the land conveyed
by W. L. Black et al to George Clark and wife, Caroline Clart;,
by deed dated March 21, 1921, of record in Vol. 201, Page 568,
of the Williamson County Deed Records. being a part of the
J. M. Harrell Survey in 4lilliamaon County, Texas, and de-
scribed as follows:
BEGINNING at a steel pin set in the west line of said Clark
land at the intersection of the east line of the I. & G. N.
RR right -of -way and the north line of F. M. Road No. 620;
THENCE with the east right-of-way line of the I. & G. N.
Railroad N. 16 36' N. 122.00 feet to a steel pin set for
the northwest corner of this tract;
THENCE N. 84° 53' E. 91.30 feet to a steel pin set in the
west line of Moffett Street for the northeast corner of this
tract;
THENCE with the went line of Moffett Street S. 3 48' R. 125.05
feet to a steel pin set in the north line of F. M. Road No. 620
for the southeast corner of this tract;
THENCE with the north line of F. M. Road No. 620 H. 89° 23' W.
33.02 feet to a concrete highway marker;
THENCE with the north line of F. M. Road No. 620 S. 88° 32' J.
31.57 feet to the place of beginning, being the same Land con-
veyed by George Clark and wife, Caroline Clark, to Verloy
Campbell et al by deed of record in Vol. 464,, Page 63, of
the Williamson County Deed Records.
SCHEDULE B
Policy Number: 185- 189757
File Number: 836898 -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, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation
or the right of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 1998,
and subsequent years, and subsequent taxes and assessments by any taxing authority
for prior years due to change in land usage or ownership.
6. The following matters and all terms of the documents creating or offering evidence
of the matters (We must insert matters or delete this exception):
a. Rights of parties in possession.
b. RIGHT -OF -WAY Easement granted to CITY OF ROUND ROCK, Recorded in Volume 1094,
Page 775, OFFICIAL Records, Williamson County, Texas.
c. RIGHT -OF -WAY Easement granted to CITY OF ROUND ROCK, Recorded in Volume 1123,
Page 341, OFFICIAL Records, Williamson County, Texas.
d. 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)
e. Any visible and apparent easements and all underground easements, the existence
of which may arise by unrecorded grant or by use.
SEE ATTACHED CONTINUATION OF EXCEPTIONS
Texas Residential Owner Policy T - 1R (Rev. 1 - 1 - 93) Paga 5
Schedule B • ORIGINAL
HEART OF TEXAS TITLE COMPANY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Texas Resldendal Owner Policy T -IR (Rev. 1 -1 -93)
Schedule B
SCHEDULE B
(Continuation of Exceptions)
Page
ORIGINAL
Policy Number: 185- 189757
File Number: 836898 -CH
f. Section 14 of the Conditions and Stipulations of this policy is hereby deleted.
HEART OF TEXAS TITLE COMPANY
Authorized Countersignature
Heart of Texas Title
13581 Pond Springs Rd, Suite 106
Austin, TX 78729
Our obligation to you is reduced or ended 11:
(1) you tail to give prompt notice, and
(2) your failure affects our ability to dispose of or to defend you against the
claim.
Our obligation is reduced only to the extent that 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 I We Request It
You must send to us, if we request, your signed proof of loss within 91 days
of our request on a standard form supplied by us. Within 15daysafler we receive
your notice of claim, we must request a signed proof of lose. If trot, we waive
our right to require a proof of loss. This waiver will not waive our other rights
under the policy. The statement must have the following n ifurnvilion to the best
of your knowledge:
(1) the Covered Trtle 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, check., letters, contracts,
and other papers that relate to 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 unless 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.
Our obligation to you reduces or ends it you fail or refuse to:
(1) (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 affects our ability to dispose of or to defend you
against the claim.
4. OUR CHOICES WHEN YOU NOTIFY US OF A CtAIM
a. Aker we receive your claim notice or 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.
(5) Cancel this poky by paying the Policy Amount, then 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 wit promptly Inves-
tlgateo determine if that covered title risk Isvelid and not barred by law orsta-
tute. A covered 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, la roomed by the
policy, we vial take one or more of the following actions to the extent that t Is
covered:
(1) Institute at necessity legal (aaoeedingstodeart ettieothe property;
(2) Wens iffy you pursuant to the terns of the policy;
(3) Issue a newtitle policy without making exception ode covered title
risk If another insurer ISSUES the new title policy to your purchaser, lender or
other tra sfereewthout making exception to ts covered title risk, we vial in-
demnify the other bsraer.
(4) Secure a release of the covered tale risk.
c. If we deny your claim, or any part of yourclahn, not morethan 18 days af-
ter we deny the claim, we will:
(1) notify you in wiling, and
(2) give you the reasms for denial of your claim in writing.
5. HANDLING A CLAM OR COURT CASE
You must 000pewtewit h us In harding any (Jahn orcoat case and give Is
at relevant Information.
We must repay you only for those settlement cam, enamels' fees and ex-
penses that we approve In adverse.
When we defend or sue to clear mantle, we have a right to chaise the at-
omey. You have the rigid to dleapprove our of rodere of attorney for reasonable
Texas Residential Owner Policy of Title Insurance T -1R
Form B 11881
Page 13
cause. We can appeal any decision to the highest court. We do not have to pay
your claim until your case is finally decided. We do not agree that the matter
is a covered title risk by defending.
8. LIMITATIONS OF OUR LIABILITY
Our liability is limited by the following:
a. we wit pay up to your actual loss or the Policy Amount In force when the
claim is made — whichever is less.
b. Uwe remove the claim against your title with reasonable diligence or take
other action under this potty after receiving notice of h, we will have no further
(lability for ht
c. NI payments we make under this policy — except for costs, attorneys' lees
and expenses — will be subtracted from your Policy Amount.
d. lithe Covered Title Risk is an easement, we may pay an insured 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 consldered a payment to you under your policy and will be
subtracted from your policy amount.
e. If you do anything to affect any right of recovery or defense you 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 back to our tability 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 to the claim. You must translerthese rights to as 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 table to you If we do not pursue these rights or it 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.
8. ARBITRATION.
11 It is permitted under Texas or federal law, you and we may agree to arbitra-
tion when you file a claim.
The arbitration may decide any maker in depute between you and us.
Arbitration is one means of alternative dispute resolution. 11 may lessen the
time and cost of claims sasement. 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:
a. 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 gat a ropy of the Rules from Is.
8. ENTIRE CONTRACT PROVISION
This polo and any erxlasemerutewe attach we the entire contact between
you and us.
Any claim you melee against us must be under this Policy and is subject to
to tonne.
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 1-800-925-0985.1f we do not resolve
the problem, you also maywrlte 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
ISSUED BY ♦�.....����
COMMONWEALTH LAND 7trtE INSUMNOS COMPANY
.7
Commonwealth
71de Invaance Since 1876
Hone Oto-tts
1700 Mm6et Street !Philadelphia, PA 19103 -3990