Loading...
R-99-05-13-13B1 - 3/13/1999RESOLUTION NO. R- 98- 12- 22 -10A9 A RESOLUTION DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO APPROXIMATELY 0.822 ACRES OF LAND FOR RIGHT -OF -WAY AND ASSOCIATED PUBLIC PURPOSES; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. K:\ NPDOCS \RESOLUTI \a912a2a9.WPU /cdc WHEREAS, the City Council, upon consideration of the matter, has determined that there is a public necessity for the welfare of the City and the public -at- large, to acquire certain real property for right -of -way and associated public purposes; and WHEREAS, in accordance with the above, the City Council, hereby finds that it is in the public interest to acquire fee simple title to certain real property for the above stated public purposes; and WHEREAS, the real property to be acquired for such purposes is an approximate 0.822 acres of land, in Williamson County, Texas, owned by Sun Development Co., Inc., and is more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference (the "Property "); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, Section 1. The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to acquire fee simple title to the Property for right -of -way and associated public purposes. Section 2. The City Attorney or its designated attorney, is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to owners of the Property. If it is determined that an agreement as to damages and compensation cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed, against the owners and interested parties of the Property, proceedings in eminent domain to acquire fee simple title to the Property. Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of all property required to construct a road. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the attorney for the County is authorized to have such errors corrected or revisions made without the necessity of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or revised Property. Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution are adopted and made a part of the body of this resolution, as fully as if the same were set forth herein. Section 5. This Resolution shall become effective immediately from and after its approval. 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 2 and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of December, 1998. ATTEST: E LAND, City Secretary 3 CHARLES CUL E ER, Mayor City of Round Rock, Texas Exhibit M R N DESCRIPTION Page 1 of l FOR A 0.822 ACRE TRACT OF LAND, PORTIONS OF WHICH ARE LOCATED IN THE SOCRATES DARLING SURVEY, NO. 102, ABSTRACT 232, THE WILLIAM BRATTON SURVEY, NO. 103, ABSTRACT 100, AND THE WILLIAM DRUMMOND SURVEY, NO. 109, ABSTRACT 233, IN TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF A 36.611 ACRE TRACT OF LAND CONVEYED TO SUN DEVELOPMENT, INC., BY INSTRUMENT RECORDED IN VOLUME 12434, PAGE ,1610 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a capped iron rod set on a point being the southwesterly corner of a 12.742 acre tract of land conveyed to Mitzi Evelyn Coil by instrument recorded in Volume 12806, Page 274, of the Real Property Records of Travis County, Texas, said point being in the northerly boundary line of a 29.46 acre tract of land conveyed to Leif Johnson Ford, Inc. by instrument recorded in Volume 12753, Page 1630 of the Real Property Records of Travis County, Texas, and also being the southeasterly corner of said remainder tract and the southeasterly comer and POINT OF BEGINNING hereof; Thence, with the common boundary line of said remainder tract and the Leif Johnson Ford, Inc acre tract, S88 °55'35 "W, at a distance of 73.71 feet, pass the southerly proposed right -of -way line of Greenlawn Blvd. Extension ( transilioning row width ) and continuing for a total distance of 464.43 feet to a capped iron rod set in the proposed northerly right -of -way line of said Greenlawn BIvd.Extension, and being the southwesterly corner hereof and from which the southeasterly corner of Lot 4, Block A, of the Coil Subdivision as recorded In Book 95, Page 105 of the Travis County Plat records bears S88 °55'35 "w, at a distance of 585.57 feet; Thence, departing said common boundary line, with said proposed northerly right -of -way line, and through said remainder tract, N72 °53'55 "E, for a distance of 187.86 feet to a capped iron rod set being a point for curvature hereof; Thence, along a curve to the left for an arc distance of 314.69 feet, and having a radius of 954.41 feet, a central angle of 18 °53'30 ", and a chord which bears N63 °27' 10 "E, for a distance of 313.27 feet to a capped Iron rod set in the common boundary line of said Coil 12.742 acre tract and said remainder tract, and being the northeasterly corner hereof; Thence, departing said proposed northerly right -of -way line and with said common boundary line of coil and remainder tracts, S01 °24'03 "E, for a distance of 186.60 feet to the POINT OF BEGINNING and containing 0,822 acres of land. Surveyed der thegrect supervi ion of the unders' ned: 4 14-12-1 9F M. tephe Truesdale ate Registered Professional Land Surveyor No. 4933 Baker- Afcklen & Associates, Inc. 203 E. Main Street, Suite 201 Round Rock, TX 78664 DATE: December 18, 1998 SUBJECT: City Council Meeting — December 22, 1998 ITEM: 10.A.9. Consider a resolution determining a public need and necessity for the acquisition of fee simple title to approximately 0.822 acres owned by Sun Development Company, Inc. for right -of -way and associated public purposes for Greenlawn Boulevard; and authorizing the City Attorney to file proceedings in eminent domain to acquire the needed property. Staff Resource Person: Jim Nuse, Public Works Director. October 16, 1999 The City of Round Rock 221 East Main Round Rock, Texas 78664 RE: GF #99043548 16 In connection with your recent purchase of the above described property, we are pleased to enclose the following: 12.10 (x) Owner's Title Policy (x) Warranty Deed (x) Notice of Purchasers of Real Property ( ) ( ) Fire District Notice ( ) ( ( ) It has been a pleasure to have closed this transaction for you We now have a complete file of your property and are in a position to give you prompt service on any future transactions. Please do not hesitate to call if we may be of further service. Alamo Title Company Brenda Brown Policy Department &a/CZ) /0-Q7-F9 C.E'i B v w vvv FORM T-1! Owner Policy of Title Insurance OWNER POLICY OF TITLE INSURANCE Issued By Alamo Title Insurance Alamo Title Insurance By /C2Aa 7. /C'et -yLi Secretary- Treasurer President Effective 1/1/93 A10191 538174 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ALAMO TITLE INSURANCE, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or hen or encumbrance on the title: 3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy; 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. The company also will pay costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay TOSS or damage, cost, attorneys' fees or expenses (hat arise by reason of 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use enjoyment of the land; (Ii) the character, dimensions or location of any improvement now or hereafter erected on the and; (iii) a separation in ownership ora change in the dimensions or area of the land or any parcel of which the and Is or was a part: or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent (hal a notice of the enforcement thereof ora notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records al Dale of Policy (b) Any governmental police power not excluded by (a) above, except to Ile extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the Public records al Dale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the Pub11c records at Dace of Policy, but not excluding from coverage any taking that has occurred poor to Date at Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters' (a) created, suffered, assumed or agreed to by the Insured clamant: (b) not known 10 the Company, not recorded In the public records at Date of Policy. but known to the Insured clamant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Dale of Policy (e) resulting In 1055 or damage Thal would not have been sustained if the Insured claimant had paid value for the estate or Interest Insured by This Policy 4. The refusal of any person to purchase. lease or end money on the estate or Interest covered here0y in the land dew in Schedule A because of unmarketablllty of the Idle 5. Any claim, which arises out of the transaction vesting in the person named 0 paragraph 3 01 Schedule A the estate or interest Insured by this policy, by reason of the operation of federal bankruptcy, slate Insolvency, or other slate or federal creditors' rights laws that Is based on either (i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent Transfer or a voidable distribution or voidable dividend or (ii) the subordination or rechatcterizallon of the estate or interest Insured by ads Policy as a result of the application of the doctrine of equitable subordination or (Iii) the transaction creating the estate or Interest Insured by this Policy neap deemed a preferential transfer except where the preferential Transfer results from the failure of the Company or its issuing agent to timely file for record the Instrument of transfer to the Insured after delvery or the failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor DEFINITIONS OF TERMS. The fallowing terms when used In ads policy mean. (a) "insured ": the insured named In Schedule A, and. subject to any rights or defenses the company would have had against the named Insured, those who succeed to the interest of the named 'Insured by operation of law as distinguished from purchase Including, but not limited 10, hers, dislnbutees, devisees. survivors, personal representatives. next of kin. or corporate, partnership or fiduoiary successors, an0 specifically, without limitation the following (I) Iha successors in interest to a corporation resulling Iron merger dr consolidation or the distribution of (he assets of the corporation upon partial or complete liquidation'. (ii) the partnership successors in Interest to a general or limited partnership which dissolves but noes not terminate. (Iii) the successors In Interest to a general or limited partnership resulting from the distribution of the assets of the general or tinkled partnership upon partial or complete liquidation: (iv) the successors In Interest to a join) venture resulting from the distribution of the assets o' the Joint venture upon partial or complete liquidation'. (4) the successor or substitute trustee(s) o' a trustee named In awr tten trust instrument or (vi) the successors in interest is a trustee or frost resulting from the d151000000 of al; or pan of the assets of the trust to the beneficiaries thereof (b) "Insured Claimant ". an insured claiming loss or damage. (c) "knowledge' or "known': actual knowledge, not constructive 'Knowledge or notice that may be imputed to an Insured by reason of the public records as defined In this policy or any other records which Impart constructive notice of matters affecting the land (d) "land"' the land described or referred to in Schedule A. and improvements affixed thereto that by law constitute real property The term 'land' does not Include any property beyond the lines of the area described or referred loin Schedule A, nor any right, title. interest estate or easement in abutting streets. roads avenues alleys lanes. ways or waterways. but nothing herein shall modify or limit the extent to which a right of access to and from '0e land is insured by this policy. (e) "mortgage": mortgage. deed of trust, trust deed, or other securely instrument.. (() 'public records': records established under state statutes as Date of Policy for the purpose of Imparting constructive notice of matters relating to real properly to purchasers for value and without knowledge. With respect to Section 1 (a )(iv) of the Exclusions From Coverage, "public records' also shall include environmental protection liens bled in the records of the clerk of the United States district court for the district In which the and is located. (g) 'access": legal right of access to the and and not the physical condeteon of access The coverage provided as to access does pal assure the adequacy of access for the use Intended 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Dale of Policy in favor of an insured only so long as the Insured retains an estate or interest In the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the Insured shall have liability by reason of covenants of warranty made by the Insured in any transfer or conveyance of the estate or 'interest This policy shall not continue in force in favor of any purchaser from the insured of either (I) an estate or interest to (Inc land, (i1) and Indebtedness secured by a purchase money mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT, The Insured shall notify the Company promptly in writing (i) in case of any Ilbgatlo00 as sel forth in Section 4 (a) below, or (Ii) in case knowledge shall come to an Insured hereunder of any claim of litle or interest that is adverse to the title to the estate or interest, as insured, and that might cause lass or damage for which the Company may be liable by virtue of this policy. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required', provided, however, that failure to notify the Company shall In no case prejudice the rights of any ensured under This policy unless the Company she be prejudiced 09 the failure and then only the extent of the prejudice. When, alter the date of the policy, the insured notifies the Company as required herein of a lien, encumbrance. adverse claim or other defect in Mlle to the estate or interest In the land insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or salute, The Company shall nolily the insured In writing, within a reasonable lime, of its determination as to the validity or Invalidity of the insured's claim or charge under the policy. If the Company concludes that the hen, encumbrance, adverse clat.m or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was Issued, the Company shall specifically advise the Insured of the reasons for Its determlnali0n. If the Company concludes that the lien, encumbrance, adverse claim or defect Is valid, the Company shall lake one of the following actions. (I) Institute the necessary proceedings to clear the lien. encumbrance, adverse claim or defect from the title to the estate as insured: (II) Indemnify the insured as provided in this policy; (m) upon payment of appropriate premium and charges therefor. Issue t0 the insured claimant or to a subsequent owner, modgagee or holder of the estate or Interest In the land insured by this policy. a policy of 111e Insurance without exception for the he, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, d a mortgagee policy, (he amount of the loan, (Ad mdemnily another Mile Insurance company In connection will, ils issuance of a potcy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document � . discharging the lien, encumbrance, adverse calm or defect, or (vi) undertake a combination of (i) through (v) herein. la CONDITIONS AND STIPULATIONS ALAMO TITLE INSURANCE Alamo Title Company Owner's Policy No.: 538174 Agent Identification: Agent's File Number.: 99043548 Liability: $26,854.50 Property Type: C Prior Policy Number: Stat Code: 1000 SINGLE ISSUE - OWNER'S ENDORSEMENTS AND OTHER CHARGES: NONE REMARKS: Effective Date: 7/ 7/99 County Code: 453 Travis County, Texas Re -issue Unpaid Balance: Premium: $405.00 File No, 99043548 Amount of Insurance: $26,854.50 Date of Policy: July 7, 1999 1. Name of Insured: The City of Round Rock OWNER POLICY OF TITLE INSURANCE SCHEDULE A at 1:32 PM 4. The land referred to in this Policy is described as follows: Policy No 0- 538174 2. The estate or interest in the land that is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is insured as vested in: The City of Round Rock APPROXIMATELY 0.822 OF AN ACRE of land, portions of which are located in the Socrates Darling Survey No. 102, Abstract 232, the William Bratton Survey, No. 103, Abstract 100, and the William Drummond Survey, No. 109, Abstract 233, in Travis County, Texas, and being a portion of the remainder of a 36.611 acre tract of land conveyed to Sun Development, Inc. by instrument recorded in Volume 12434, Page 1610, Real Property Records of Travis County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. Alamo Title Company ALAMO TITLE INSURANCE Authorized Signatory FORM T -1: Owner PoLicy of Title Insurance - Schedule A Effective January 1, 1993 OWNER POLICY OF TITLE INSURANCE SCHEDULE B FILE NO 99043548 POLICY NO: 0 538174 EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured if any, shown in Schedule A, and the following matters: 1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception): Exception No. 1 of Schedule B above, is hereby deleted in its entirety. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements. 3. Homestead or coamunity property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, corporations, governments or other entities, a. to tidelands,or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead Lines as established or changed by any government, or c. to filled-in lands, or artificial isLands, or d. statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 19 99 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in Land usage or ownership. 6. The following matters and aLL terms of the documents creating or offering evidence of the matters(We must insert matters or delete this exception.): A. Omitting from any documentation set out herein discriminatory provisions, if any, based on race, color, religion, sex, handicap, familial status, national origin, or any other prohibited basis of discrimination. B. Channel easement in the northwestern portion of the property as granted to the State of Texas in Volume 1880, Page 170, Deed Records of Travis County, Texas. C. Detention Pond easement across the eastern portion of the property as granted to the City of Austin in Volume 10545, Page 23, Real Property Records of Travis County, Texas. D. 150' drainage channel easement granted to the City of Austin, recorded in Volume 10545, Page 18, Real Property Records of Travis County, Texas. E. Rights of tenants in possession under unrecorded leases. Alamo Title Company ALAMO TITLE INSURANCE FORM T -1: Owner Policy of Title Insurance - Schedule 8 Effective January 1, 1993 FILE NO 99043548 PAGE: B -2 OWNER POLICY OF TITLE INSURANCE NO 0- 538174 K. Rights of parties in possession. SCHEDULE B (CONTINUED) F. Visible and apparent easements on or across the property. G. Any portion of the property herein described which falls within the boundaries of any road or roadway. H. Assignment of Water and Wastewater Rights dated June 8, 1983, recorded in Volume 8128, Page 123, Real Property Records of Travis County, Texas, executed by William B. Cotton, et ux to M. Brandon Investments, Inc. I. Terms and conditions of that Community Facilities Contract dated September 21, 1987, recorded in Volume11569, Page 1140, Real Property Records of Travis County, Texas, by and between Michael Tract Property Partners and Royston Group Ltd. J. Sign Lease of an undetermined date by and between undetermined parties as evidenced by that Collateral Assignment of Leases and Licenses (and Fixture Filing) dated March 31, 1992, executed by National Advertising of Austin, Inc. (doing business as various other names), Assignor, to First Security Bank of Utah, N.A., Assignee, recorded in Volume 11813, Page 1591, Real Property Records of Travis County, Texas. Alamo Title Company ALAMO TITLE INSURANCE FORM T -1: Owner Policy of Title Insurance - Schedule 13 Effective January 1, 1993 CONDITIONS AND STIPULATIONS • Continued It LIABILITY NONCUMULATIVE. 11 is expressly understood Thal the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner, 12. PAYMENT OF LOSS. (a) No payment shall be made without producing This policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be fumished to the satisfaction of the Company. (b) When liability and the extent of lass or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant The Company shall be subrogated to and be entitled to all rights and remedies that the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and t0 use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion that the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as staled above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured ao by this policy that shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non•Insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision 0 Schedule B of this policy, either the company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited 1o, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE ARBITRATED at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is 0 excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorney's fees only if the laws of the state in which the land is located permit a court tc award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arise out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary. or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision. and all other provisions shall remain 0 full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at 10010 San Pedro, Suite 800, San Antonio, Texas 78216.3895. COMPLAINT NOTICE Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that issued the policy. If the problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 78714 -9091, Fax No. (512) 475.1771. This notice of complaint procedure is for information only and does not become a part or condition of this policy. CONDITIONS AND STIPULATIONS - Continued 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the opllors contained in Section 6 of These Conditions and Stipulations. the Company, at its awn cost and without unreasonable delay shall provide for the defense of an insured in litigation In which any Third party asserts a claim adverse to the Ole or interest as Insured. but only as to those slated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those staled causes of action and shall not be liable for and wd1 not pay the lees of any other counsel. The Company will not pay any lees, costs or expenses incurred by the insured In the defense of those causes of action that allege matters not Insured against by This pokey (h) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in Its opinion may he necessary or dos cable to establish the Lille to the estate or interest, as insured, or l0 prevent or reduce loss or damage to the Insured The Company may take any appropriate action under the terms of this potty, whether or not it shall be liable hereunder, and shall nal thereby concede liability or waive any provision of this policy. It the Company shall exercise Its rights under this paragraph. II shall do so diligently_ Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of the policy, the Company may pursue any filigallon to final determination by a court of competent jurisdiction and expressly reserves the right, In ds sole discretion, to appeal from any adverse Judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use. at Its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, al the Company's expense, shall give the Company all reasonable aid (I) in any action or proceeding. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (2) In any other lawful act that In the opinion of the Company may be necessary or desirable to establish the title to the estate or Interest as Insured. 11 the Company is prejudiced by the laeure 011he insured to furnish the required cooperation, the Company's obligations lo the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the facts giving rise to the loss or damage The proof of loss or damage shall describe the defect or hen or encumbrance on the title. or other matter insured against by This policy that constitutes the basis of joss or damage and shall stale, to the extent possible. the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Insured claimant I0 provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate. Including any liability or Obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss Or damage. In addition, the Insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination. Inspection and copying, at such reasonable limes and places as may be designated by any authorized representative 01 the Company. all records. books, edgers. checks. correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the lass or damage Further. if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing. for any authorzed representative of the Company to examine. inspect and copy all records. books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the less or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to This Section shall nal be disclosed to others unless in the reasonable Judgment of the Company It Is necessary in the adminislrah00 of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary Information from thud parties as required In this paragraph shall terminate any habillty of the Company under this policy as to that claim 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS, TERMINATION OF LIABILITY. e case of claim under this policy, the Company shall have the following additional options (a) Ta Pay or Tender Payment 05 the Amount nt Insurance. To pay or tender payment of the amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant. which were authorized by the Company, up to the lime of payment or lender of payment and which the Company Is obligated to pay Upon the exercise by the Company of this option. aq liability and obligations to the insured under this pot ey. other Than to make the payment required, shall terminate. Including any liability or 00150ton to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (h) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or In the name of an insured claimanl any claim insured against under this policy. together wi01 any costs, attorneys' fees and expenses incurred by the Insured claimant which were authohzed by the Company up to the Time or payment and which the Company is obligated to pay. or (0) to pay or otherwise settle with the Insured claimant the loss or damage provided lot under this policy_ together with any costs, attorneys' lass and expenses incurred by the insured claimant, which were authorized by the Company up to the lime of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for In paragraphs OM or 01, the Company's obligations to the insured under this policy for the claimed loss or damage. other than the payments required lobe made, shall terminate. including any liability or obligation to defend, prosecute or continue any libgati00 7. DETERMINATION, EXTENT OF LIABILITY AND CONINSURANCE. This policy Is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured claimant who has suffered loss or damage by reason of matters insured against by This policy and only to the extent herein described. (a) The Iiebillry of the Company under this policy shall not exceed the least of (i1 the Amount of Insurance staled In Schedule A; (b) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy al the dale the insured claimant is requireo to furnish to Company a pool of loss or damage in accordance with Section 5 0l These Conditions and Stipulations. (b) In the event the Amount of Insurance stated in Schedule A al the Date of Policy is less Than SO percent of the value of the insured estate or Interest or the full consideration paid for the land, whichever is less, or if subsequent to the Dale of Policy an Improvement Is erected on the and which Increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance slated in Schedule A, then this Policy is subject to the following_ (i) where no subsequent Improvement has been made. as to any partial loss, the Company shall only pay the loss pro rata In the pr0000lon that the amount of insurance at Dale of Policy bears to the total value Of the insured estate or Interest at Dale of Policy; Or F111 where a subsequent improvement has been made, as l0 any partial loss. the Company shall only pay the loss pre rata in the proportion that 120 percent of the Amount of Insurance staled in Schedule A bears to the sum of the Amount of Insurance stated Iii Schedule A and amount expended for the improvement. The pro isi the of t r and shall of apply Amount of Insurance attorneys' ss' s Schedule expenses (c) tt y f ee an for whloh he Company is liable under this policy, and shall only apply l0 That portion of any loss which exceeds, The Company will pay only (hose costs. attorneys' fees and expenses Incurred in accordance with Section 4 01 these Conditions and Stipulations. 8. APPORTIONMENT If he land described In Schedule A consists of two or more parcels that are not used as a single site. and a loss Is established affecting one or more of the parcels but not all. the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Dale of Policy of each separate parcel l0 the whole, exdusi00 of any Improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the Insured el the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 5. LIMITATION OF LIABILITY. (a) If the Company establishes the bile, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the lend, all as insured, or takes action in accordance with Section 3 or Section 6, Ina reasonably diligent manner by any method. including litigation and the completion of any appeals therefrom, It shall have lull performed its obligations wish respect to that mailer and shell col be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no Ilaality for loss or damage until there has been a final delerminzlion by a court of competent judsdicli0n, and disposition of all appeals Therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for Nobility voluntarily assumed by the Insured in settling any claim or suit without the priorwniten consent of the Company. 1 6. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY, Al l payments under this policy. except payments made for costs. attorneys' fees and expenses, shall reduce the amount of the insurance pro tento. (Continued on Reverse Side of Page) tel TO: • • ALAM+ ' `1 ! COMPANY p: 717 N111-35, `QUITE 150 OUND? ROCK, TX 78664 GF# Date: 5 1999 Grantor: SUN DEVELOPMENT, INC. SUN DEVELO MENT, INC. r0. ;v f2d. �oU of �loriy d�l� 1 County CASH WARRANTY DEED Grantor's Mailing Address (including county): Grantee: THE CITY OF ROUND ROCK, TEXAS Grantee's Mailing Address (including county): THE CITY OF ROUND ROCK, TEXAS 221 East Main Round Rock, Texas Williamson County CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): Approximately 0.822 acres of land, more or less, portions of which are located in the Socrates Darling Survey No. 102, Abstract 232, the William Bratton Survey, No. 103, Abstract No. 100 and the Williams Drummond Survey, No. 109, Abstract 233, in Travis County, Texas, and being a portion of the remainder of a 36.611 acre tract of land conveyed to Sun Development, Inc. by instrument recorded in Volume 12434, Page 1610, Real Property Records of Travis County, Texas, and being more particularly described in Exhibit "A ", attached hereto and incorporated herein. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, gas or other mineral leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any encroachments or overlapping of improvements; and taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. STATE OF PATRICK KIRBY NOTARY PUBLIC STATE OF TEXAS My Comm- Exp. 03 -24 -01 PREPARED IN THE OFFICE OF: SUN DEVELOPMENT, INC. ∎BY : ITS ACKNOWLEDGMENT COUNTY OF D wTi .f This instrument was acknowledged before me on this the 21 day of '"-P , 1999, by ,7,T-eh- V. e ,'e fug, e of SUN DEVELOPMENT, INC. AFTER RECORDING RETURN TO: Alamo Title Company 1717 North IH -35, Suite 150 Round Rock, Texas 78664 Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main St. Round Rock, Texas 78664 Notary Public, ate of T <cwS Printed Name: - .. -c k -mss My Commission Expires: OFF:IFCIAL PUBLIC RECORD 07-07-1599 01 :32 PM 199945531. MILLER $11.00 NANCY E. RIOTER COUNTY CLERK WILLIAMSON COUNTY. TEXAS RETIIVNI.TO ALAMO TITLE COMPANY N1ZOUND 717 N. IH -35, SUITE 150 ROCK TX 78664 GF# 61 `13S —(ip tg( The real property, described below, which you are about to purchase is located in the Brushy Creek Water Control & Improvement Dist. The District has taxing authority separate from any other taxing authority, other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the district on real property located in the District is $0.00 on each $100 of assessed valuation. If the district has not levied taxes, the most recent projected rate of debt service tax, as of this date, is $0.00 on each $100.00 of assessed valuation. The total amount of bonds which has been approved by the voters and which have been or may, at this date, be issued is $0.00, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the District and payable in whole or in part from property taxes is $145,000.00. The District has the authority to adopt and impose a standby fee on property in the District that has water, sewer, sanitary, or drainage facilities, or other services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity available to the property. The district may exercise the authority without holding an election on the matter. As of this date, the amount of the standby fee is $0.00. An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the amount, if any, of unpaid standby fees on a tract of property in the district. The purpose of this district is to provide water, sewer, drainage, or flood control facilities and services within the district through the issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the district. The legal description of the property which you are acquiring is as follows: APPROXIMATELY 0.822 OF AN ACRE of land, portions of which are located in the Socrates Darling Survey No. 102, Abstract 232, the William Bretton Survey, No. 103, Abstract 100, and the William Drummond Survey, No. 109, Abstract 233, in Travis County, Texas, and being a portion of the remainder of a 36.611 acre tract of land conveyed to Sun Development, Inc. by instrument recorded in Volume 12434, Page 1610, Real Property Records of Travis County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto. Signature of Seller(s): Sun Deve pment, Inc. Date, Date, Date: NOTICE TO PURCHASERS OF REAL PROPERTY Date: J ^-Z 1- J / l ' 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 WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of the purchase of the real property. Signature of Buyer(s): Roun ock The Cit DAVID KAUTZ on behalf of the CITY OF ROUND ROCK State of Texas rr�� County of This instrument was acknowledged before me on the 4 day of 1999 by Sun Development, Inc. , State of County of Williamson State of County of 1 -17 PATRICK KIRBY NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 03-24 -01 Date: Date Date: /4 , This instrument was acknowledged before me on the — day of 1999 by•DAVID TAr11 Financo Director, City of Round Rock, a Texas Home Rtl#444n4MAIPM,LtiAsgruall ehalf o said municipality. MY 10550000 E X000 5 A 1 /J�1 ; ` August 5, 2001 L' I ,�jW /l, . 1 t` Texas This instrument was acknowledged before me on the 1999 by of Date (>l 99 State of Teas Notary Public, State of day of OFFICIAL PUELIC RECORDS 07-07-1999 01:32 PM 199945552 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS Notary Public, State of Texas RESOLUTION NO. R- 99- 05- 13 -13B1 WHEREAS, the City desires to purchase a 0.822 acre tract of land as additional right -of -way to facilitate the extension of Greenlawn Boulevard from Louis Henna Boulevard to the IH 35 East Frontage Road, and WHEREAS, Sun Development, Inc., the owner of the property, has agreed to sell said property to the City, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Unimproved Property Earnest Money Contract with Sun Development, Inc. for the purchase of the above described property, a copy of said Unimproved Property Earnest Money Contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 13th day of May, 199 ATTEST: - /. // JO /I E LAND, City Secretary .. K:\ WPOOcs \REEOLUTI \R90513B1.WPD /s cg CHARLES CUL ••ZR, Mayor City of Round Rock, Texas UNIMPROVED PROPERTY EARNEST MONEY CONTRACT 1. PARTIES: SUN DEVELOPMENT, INC. (Seller) agrees to sell and convey to THE CITY OF ROUND ROCK (Buyer) and Buyer agrees to buy from Seller the property described below. 2. PROPERTY: Approximately 0.822 acres out of the Darling, Bratton., and Drummond Surveys in Williamson and Travis County, Texas, being more further described in Exhibit "A ", attached hereto and incorporated herein. 3. CONTRACT SALES PRICE: A. Cash portion of Sales Price payable by Buyer B. Sum of financing described below C. Sales Price (Sum of A and B) 4. FINANCING: Not Applicable 5. TITLE POLICY: $ 26,854.50 $ n/a $ 26,854.50 A. TITLE POLICY: Seller shall furnish to Buyer at Buyer's expense an Owner Policy of Title Insurance (the Title Policy) issued by Alamo Title (the Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. H�\ TEXT \ ROUNDROC \CREENLAW \SUNCON.WPD /cdc (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. (7) The standard printed exception as to marital rights. 1. (8) The standard printed exception as to waters, tidelands, beaches, streams and related matters. B. ABSTRACT OF TITLE: None Required C. SURVEY REQUIRED: Buyer will be responsible for Survey and related costs. NOTICE TO SELLER AND BUYER: 6. PROPERTY CONDITION: Buyer accepts the Property in its present condition, subject only to AS IS. 7. BROKER'S REPRESENTATION AND FEES: NONE 8. CLOSING: The closing of the sale shall be on or before May 31, 1999, or within 7 days after objections to title have been cured, whichever date is later (the Closing Date). 9. POSSESSION AND RIGHT OF ENTRY: The possession of the Property shall be delivered to Buyer at closing. Seller acknowledges the Buyer's desire to construct the extension of Greenlawn Blvd. As expeditiously as possible. Seller hereby grants Buyer a right of entry to begin construction on said road if, for any reason, the closing does not occur on May 31, 1999. The Seller, by granting this right -of- entry, does not waive any provisions of this Contract, including consideration. 10. SPECIAL PROVISIONS: none. 11. SALES EXPENSES: The following expenses shall be paid at or prior to closing: Buyer shall pay all sales expenses. 12. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS. Current taxes, shall be prorated through the Closing Date. If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year. B ROLLBACK TAXES. If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes for periods prior to closing, the additional taxes shall be the obligation of the Buyer. If Seller's change in use of the Property prior to closing or denial of a special use valuation on the Property claimed by Seller results in the assessment of additional taxes for periods prior to closing, the additional taxes shall be the obligation of Seller. Obligations imposed by this paragraph shall survive closing. 13. DEFAULT: If Buyer fails to comply with this contract, Buyer shall be in default. Seller may either (a) enforce specific performance, seek such other relief as may be provided by law, or 2. both, or (b) terminate this contract, thereby releasing both parties from this contract. If Seller is unable without fault to deliver the Commitment within the time allowed, Buyer may either terminate this contract or extend the time for performance up to 15 days and the Closing Date shall be extended as necessary. If Seller fails to comply herewith for any other reason, Seller shall be in default and Buyer may either (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract, thereby releasing both parties from this contract. 14. ATTORNEY'S FEES: If Buyer, Seller or Escrow Agent is a prevailing party in any legal proceeding brought under or with relation to this contract, such party shall be entitled to recover from the non - prevailing parties all costs of such proceeding and reasonable attorney's fees. 15. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, Uniform Commercial Code or other security interests against any of the Property which will not be satisfied out of the Sales Price, unless securing payment of any loans assumed by Buyer and (b) assumed loans will be without default. If any representation in this contract is untrue on the Closing Date this contract may be terminated by Buyer. All representations contained in this contract and an agreement for mediation shall survive closing. 16. NOTICES: All notices shall be in writing and effective when mailed to or hand - delivered at the addresses shown below. 17. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person ", as defined by applicable law, or if Seller fails to deliver an affidavit that Seller is not a "foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. IRS regulations require filing written reports if cash in excess of specified amounts is received in the transaction. 19. AGREEMENT OF PARTIES: The contract contains the entire agreement of the parties and cannot be changed except by their written agreement. 19. CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY. If you do not understand the effect of this contract, consult your attorney BEFORE signing. BUYER'S ATTORNEY AND ADDRESS: Charles Crossfield 309 East Main Round Rock, Texas 3 SELLER'S ATTORNEY AND ADDRESS: EXECUTED in multiple originals on PI9 l3 , 1999. BUYER: THE CITE OF ROUND ROCK BY: /vl // , '�nr� CHARLES CULEPPER, Mayor SUN DEVELOPMENT, INC. SELLER: BY: C� JOHN COIL, President 4. 1 Thence, deporting said proposed northerly right -of -way line and with said common boundary line of coil and remainder tracts, S01 °24'03 "E, for a distance of 186.60 feet to the POINT OF BEGINNING and containing 0.822 acres of fond. Surveyed der the direct supervision of the under ned: FOR A 0.822 ACRE TRACT OF LAND, PORTIONS OF WHICH ARE LOCATED IN THE SOCRATES DARLING SURVEY, NO. 102, ABSTRACT 232, THE WILLIAM BRATTON SURVEY, NO. 103, ABSTRACT 100, AND THE WILLIAM DRUMMOND SURVEY, NO. 109, ABSTRACT 233, IN TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF A 36.611 ACRE TRACT OF LAND CONVEYED TO SUN DEVELOPMENT, INC., BY INSTRUMENT RECORDED IN VOLUME 12434. PAGE ,1610 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a capped iron rod set on a point being the southwesterly corner of a 12.742 acre tract of and conveyed to Mitzi Evelyn, Coil by instr'ment recorded in Volume 12806, Page 274, of the Real Property Records of Travis County, Texas, said point being in the northerly boundary line of a 29.46 acre tract of land conveyed to Leif Johnson Ford, Inc. by instrument recorded in Volume 12753, Page 1630 of the Real Property Records of Travis County, Texas, and also being the southeasterly comer of said remainder tract and the southeasterly comer and POINT OF BEGINNING hereof; Thence, with the common boundary line of said remainder tract and the Leif Johnson Ford, Inc acre tract, S88 °55'35 "W, at a distance of 73.71 feet, pass the southerly proposed right -of -way line of Greenlawn Blvd. Extension ( transilioning row width ) and continuing for a total distance of 464.43 feet to a capped iron rod set in the proposed northerly right -of -way line of said Greenlawn BIvd.Fxtension, and being the southwesterly corner hereof and from which the southeasterly corner of Lot 4, Block A, of the Coil Subdivision as recorded In Book 95, Page 105 of the Travis County Plat records beors S88 °55'35 "W, at a distance of 585.57 feet; Thence, departing said common boundary line, with said proposed northerly right -of -way line, and through said remainder tract, N72 °53'55 "E, for a distance of 187.86 feet to a capped iron rod set being a point for curvature hereof; Thence, along a curve to the left for an arc distance of 314.69 feel, and having a radius of 954.41 feet, a central angle of 18 °53'30 ", and a chord which bears N63 °27' 10 "E. for a distance of 313.27 feet to a capped iron rod set in the common boundory line of said Coll 12.742 acre tract and said remainder troct, and being the northeasterly corner hereof; //„„2, „4€ M. t3 epheTTruesdale Registered Professional Land Surveyor No. 4933 Baker - Alcklen & Associates, Inc. 203 E. Main Street, Sulte 201 Round Rock, TX 78664 Exhibit A� DESCRIPTION 98 ate Page 1 of 1 GREENLAWN EXTENSION VI .c 1s; m a P1 In N m DATE: May 7, 1999 SUBJECT: City Council Meeting — May 13, 1999 ITEM: 13.B.1. Consider a resolution authorizing the Mayor to execute an Earnest Money Contract to acquire 0.822 acres of land from Sun Development, Inc. for the extension of Greenlawn Boulevard. Staff Resource Person: Tom Word, Traffic Engineer.