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R-99-11-09-10E2 - 11/9/1999Date: j d6 2000 CASH WARRANTY DEED and wife JUDY BRADLEY Grantor: HENRY ALLEN BRADLEY, JR., ;( C(XXjkail( Atoom(X(X lbXcXm � . A ( n a(xstsaxxrxmsx�iea( mofa� vex �xb(x itx tx x (4VFX4V4x XXacxggiEXcIXX (x�� 0 ( Grantor's Mailing Address (including county): HENRY ALLEN BRADLEY, JR. ,13015 F m 49 (vvnngev , TX q1,75-/..) kl, ll i Quvl�n COUNTY Grantee: CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation Grantee's Mailing Address (including county): CITY OF ROUND ROCK, TEXAS E. filauv'. artvmft CASH WARRANTY DEED - PAGE 1 C: \WPDOCS \TA-- \O150WOC.WPD /cdc COUNTY CONSIDERATION: TEN AND NO /100 DOLLARS and other good and valuable consideration. PROPERTY (including any improvements): 2000049244 3 P9s APPROXIMATELY 1.08 acres of land, out of the WILEY HARRIS SURVEY, ABSTRACT NO. 298, in Williamson County, Texas, being the same tract of land described by metes and bounds in Deed recorded in Volume 527, Page 218, Deed Records of Williamson County, Texas; SAVE AND EXCEPT that certain 0.109 of an acre tract described by metes and bounds in Deed recorded in Volume 727, Page 656, Deed Records of Williamson County, Texas. 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, and the following specific reservations and exceptions: 1. Reservation of all oil, gas, and other minerals, contained in Deed dated August 10, 1961, recorded in Volume 447, Page 105, Deed Records of Williamson County, Texas, executed by Missouri Pacific Railroad Company to City of Round Rock. 2. Right of First Refusal granted to Melvin A. Giese, Jr. and wife, Joyce Giese, by instrument recorded in Volume 728, Page 630, Deed Records of Williamson County, Texas. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor's heirs, executors, administrators and successors are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. STATE OF TEXAS COUNTY OF WILLIAMSON July ANN 0. TOWMSEND . . mtarypubkstatecurimm MAY 8,2004 PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO: CASH WARRANTY DEED - PAGE 2 c:\weDOCS\TA-- \oisewD /,a, ACKNOWLEDGMENT S 5 This instrument was acknowledged before me on the dC) day of , 2000, by HENRY ALLEN BRADLEY, JR. and wife JUDY BRADLEY. Brown McCarroll Sheets & Crossfield, L.L.P. 309 E. Main St. Round Rock, Texas 78664 Notary Public, State of Texas Alamo Title Company 1717 North IH -35, Suite 150 Round Rock, Texas 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 07 -28 -2000 03:08 PM 2000049244 MARRY $13.00 NANCY E. RISTER COUNTY CLERK WILLIAMSON COUNTY, TEXAS RETURN TO: ALAMO TI LB COMPANY 1717 N.111- 866 ROUND R GF# WATER DISTRICT NOTICE Date: July 27, 2000 GF #: 99-7100616 Property Address: , Round Rock, TX 78664 The real property, described below, which you are about to purchase is located in the Brushy Creek WCID #1 District. The district has taxing authority separate from any 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 80 on each $ 100 of assessed valuation. If the district has not yet levied taxes, the most recent projected rate of debt service tax, as of this date is 80 on each $ 100 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 80.00, 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 80.00. 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 and services available but not connected and which does not have a house, building, or other improvements, 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 80.00. 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: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF 2000049245 4 yes The district has the authority to adopt and impose a standby fee on property in the district that has district - financed water or sewer facilities and services available but not connected. The district may exercise the authority without holding an election on the matter. Water District Notice -101 (twaterl.wpd) Page 1 of 3 As of this date, the most recent 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. Henry A. adley Date: 7;;PZ:t 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 purchase of the real property. City of Round Rock, Texas, a Texas corporation By: Date: 7 I 2-8ll Water District Notice.10 1 (t.aateri wpd) Page 2 of 3 ' STATE OF TEXAS COUNTY OF Wk WC This instrument was acknowledged before me on by of City of Round Rock, Texas a corporatio MY COMMISSION EXPIRES: by Henry A e/Ye _ L. c tiliLd5 ? (,I A-t-binnt STATE OF TEXAS 1( COUNTY OF tiva This instrument was acknowledged before me on '"'•' \ ANN R. TOWNSEND Notary Pubic, Side al Tees n*` Ily MAY 2004 MY COMMISSION EXPIRES: Water District Notice -101 itwater1.wpS1 .f said ANN B. TOWNSEND Notary Public, Mite of Tan MAY B, 2004 Page 3 of 3 NOTARY PUBLIC, STATE OF TEXAS PRINTED NAME OF NOTARY NOTARY PUBLIC, STATE OF TEXAS PRINTED NAME OF NOTARY GF # 9 9- 71 0061 6 Title Order No. 07100616 EXHIBIT "ONE" APPROXIMATELY 1.08 acres of land, out of the WILEY HARRIS SURVEY, ABSTRACT NO. 298, in Williamson County, Texas, being the same tract of land described by metes and bounds in Deed recorded in Volume 527, Page 218, Deed Records of Williamson County, Texas; SAVE AND EXCEPT that certain 0.109 of an acre tract described by metes and bounds in Deed recorded in Volume 727, Page 656, Deed Records of Williamson County, Texas. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 07 -28 -2000 03:08 PM 2000049245 MABRY $15.00 NANCY E. RISTER }COUNTY CLERK WILLIAMSON COUNTY, TEXAS August 21, 2000 City of Round Rock, Texas 221 E. Main Street Round Rock, TX 78664 Order No.: 99- 7100616 Alamo Title Company One Financial Center 1717 N. 1)135 Suite 150 • Round Rock, TX 78664 (512) 244 -2266 • FAX (512) 244 -1001 In connection with the above captioned file, I enclose the following: 1. Original Owners Policy of Title Insurance. 539000. Please be reminded, that it is your responsibility to -have the property assessed in your name for the upcoming year, with all of the applicable taxing authorities. We will maintain and complete and permanent file on your property. This will enable us to give you prompt and efficient service in the event of a future sale or mortgage. Should you have any questions regarding the above matter, please do not hesitate to call. Sincerely, Alamo Title of Travis County, Inc. By OWNER POLICY OF TITLE INSURANCE Issued By Alamo Title Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ALAMO TITLE INSURANCE, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title: 3. Any statutory or constitutional mechanic's, 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. Alamo Title Insurance Secretary- Treasurer President 7 (Authorized Signature) A10191 539000 FORM T -1: Owner Policy of Title Insurance Effective 1/1/93 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses That apse by reason of: 1. (a) Any law, ordinance or governmental regulation (induaing but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the And or any parcel of which the land is or was a part'. or (w) environmental protection, or the effect of any violation of These laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the And has been recorded In the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a detect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public records al Dale of Policy, but not excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value wlth0ul knowledge. 3. Defects hens, encumbrances. adverse claims or other matters: (a) created, suffered. assumed or agreed to by the insured claimant, (b) not Known to the Company. not recorded in the public records al Date of Policy, but known to the insurer claimant and not disclosed In wrllmg to the Company by the insured claimant prior 10 Me date the insured claimant became an Insured unde this policy; (01 resulting in no loss or damage loge insured claimant, (d) altachmg or created subsequent to Date of Polley (e) reselling in loss or damage Thal would 000 have been sustained If the Insured claimant had paid value for the estate or Interest Insured by Ines Poky. 4. The refusal of any person to purchase, lease or lend money on the estate or Interest covered hereby In the And described in Schedule A because of unmarketability of the title. 5. Any claim, which asses out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, stale Insolvency, or other stale or federal creditors' rights laws Thal is based on either (1 the Iransactlon 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 recheractenzalion of the estate or Interest insured by this Policy as a result of the apphcalion 01 the doctrine of equitable subordination or (Iii) the transaction creating the estate or interest Insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer lo the insured after delivery or the failure of such recordation to Impart nonce to a purchaser for value or a judgment or hen creditor. 1. DEFINITIONS OF TERMS. The following terms when used in this policy mean. (a) Insured ": the Insured named in Schedule A, and. subject to any rights or defenses the company would have had against the named Insured. Those who succeed to the interest of the named insured by operation of law as distinguished from purchase Including, but viol limited to, hells. Oslo devisees, sunmors, personal representatives, next of k'm. or corporate. partnership or fiduciary successors, and speo5cally, without limitation, the following: (i) the successors In interest to a corporation resulting from merger or consolidation or the distribution of the assets of the corporation upon padlal or complete liguidation. (ii) the partnership successors In Interest to a general or limited partnership which dissolves but does not fermi note. (Iii) the successors In Merest to a general or limited partnership resulting from the dlstribull0n 0t the assets of the general or limited partnership upon partial or comp101e liquidation, (iv) the successors in interest to a loin) venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation: (w) the successor or Substitute trustee(s) of a trustee named In a written (rust Instrument. or (vi) the successors in interest 10 a trustee or trust resulting from the dl5lrtbuton of all or part 01 the assets 01 the trust t0 the beneficiaries thereof "insured claimant "_ an insured darning loss or damage '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 trial by law consttule real property. The term "land" does not Include any property beyond the Imes of the area described or referred loin Schedule A, nor any right, Mlle. interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterriays, but nothing herein shall modify or Ilmll the extent 10 which a right of access to and from the land Is insured by this p01oy (e) 'mortgage ": mortgage, deed of (rust, trust deed, or other security InstNmenl. (0 "public records ": records established under stale statutes as Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(2)00) of the Exclusions From Coverage, "public records" also shall Include environmental protection liens filed .n the records of the clerk of the tinged Stales district court for the district in which the land Is located. (g) "access': legal right of access to the land and not the physical condl Gon of access The coverage provided as to access does not assure the adequacy of access for the use Intended 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue In force as of Date of Policy In favor of an Insured only so long as the insured retains an estate or interest In the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the Insured. or only so long as the insured shall have liabdlry by reason of covenants of warranty made by the insured m any transferor conveyance of the estate or interest. This policy shall not continue In force in favor of any purcnaser from the Insured of either (i) an estate or Interest in the land, (ii) and indebtedness secured bya 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 1111921100 as set forth 'm Section 4 (a) below, or (ii) In case knowledge shall come to an insured hereunder of any claim of title or interest that is adverse to the title to the estate or interest, as Insured, and that might cause loss or damage for which the Company may be liable by virtue of Ihls policy. If prompt notice shall not be given to the Company, then as l0 the insured all liab lily 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 to no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by Inc failure and then only the extent of the prejudice. When, after the date of the policy. the insured nodes the Company as required herein of a lien, encumbrance. adverse claim or other defect In title to the estate or interest In the land insured by this policy That is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred by law or statute, The Company shall notify the Insured In writing, within a reasonable 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 Iles, encumbrance, adverse claim or defect is net 00.120 by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specificall advise the insured of the reasons for its delerminalion_ d the Company wancludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the title to the estate as insured; (ii) indemnity the insured as provided In this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the Insured claimant or to a subsequent owner, mortgagee or holder of the estate or interest to the And insured by this policy, a policy of title insurance without exception for the lien. encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, If a mortgagee policy, the amount of the loan; (iv) indemnify another title Insurance company in connection with its issuance of a policy(les) of title insurance without exception for the lien, encumbrance. adverse claim or defect, (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect: or(vi) undertake a combination of (1) through (v) herein. (b) (c) CONDITIONS AND STIPULATIONS OWNER'S POLICY SCHEDULE A File Number: 99- 7100616 Policy Number: 539000 Amount of Insurance: 5282,268.80 Premium: $2,137.00 Date of Policy: July 28, 2000 at 03:08 p.m. 1. Name of Insured: City of Round Rock, Texas, a Texas municipal corporation 2. The estate or interest in the land covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is insured as vested in: City of Round Rock, Texas, a Texas municipal corporation 4. The land referred to in this policy is described as follows: APPROXIMATELY 1.08 acres of land, out of the WILEY HARRIS SURVEY, ABSTRACT NO. 298, in Williamson County, Texas, being the same tractof land described by metes and bounds in Deed recorded in Volume 527, Page 218, Deed Records of Williamson County, Texas; SAVE AND EXCEPT that certain 0.109 of an acre tract described by metes and bounds in Deed recorded in Volume 727, Page 656, Deed Records of Williamson County, Texas. FORM T -1: Residential Owner Policy of Title Insurance Item 1, Schedule B is hereby deleted. FORM T -1; Residential Owner Policy of Title Insurance OWNER'S POLICY SCHEDULE B EXCEPTIONS GF No. 99- 7100616 Policy No. 539000 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 (We must either insert specific recording data or delete this exception): 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. 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 vegetation, or the right of access to that area or easement along and across the area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2000, and subsequent years and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. FORM T,1: Residential Owner Policy of Title Insurance GF No. 99- 7100616 Policy No. 539000 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. Visible and apparent easements over and across subject property. c. Any portion of the property herein described which falls within the boundaries of any road or roadway. _ d. Reservation of all oil, gas, and other minerals, contained in Deed dated August 10, 1961, recorded in Volume 447, Page 105, Deed Records of Williamson County, Texas, executed by Missouri Pacific Railroad Company to City of Round Rock. Said mineral interest not traced subsequent to the date of the above cited instrument. e. Right of First Refusal granted to Melvin A. Giese, Jr. and wife, Joyce Giese, by instrument recorded in Volume 728, Page 630, Deed Records of Williamson County, Texas. f. Rights of tenants in possession under unrecorded leases and /or rental agreements. ALAMO TITLE INSURANCE 1 Authorized Agent (c) (b) (o) CONDITIONS AND STIPULATIONS - Continued 4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of These Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim adverse Io the tile or interest as Insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the dght 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 slated causes of action and shall not be liable for and will not pay the lees of any other counsel. The Company will nol pay any fees, costs or expenses Incurred by the insured In the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the dghL at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured. or to prevent or reduce loss or damage to the Insured. The Company may lake any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. tithe Company shall exercise its rights under this paragraph. it shall do so diligently. Whenever the Company shall have brought an action or Interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right. in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where 1615 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 therell, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense. shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured, 11 the Company is prejudiced by the failure of the insured to furnish the required cooperation. the Company's obligations to the insured under the policy shall terminate, including eny 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 lien or encumbrance on the title, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible. the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records. books, ledgers checks, correspondence and memoranda, whether bearing a dale before or after Dale of Policy, which reasonably pertain to the loss or damage. Further, II requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing. for any authorized representative of the Company to examine. inspect and copy all records, books, ledgers, checks. correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company. n is necessary in the administration of the claim, Failure of the insured claimant to submit for examination under oath, produce other reasonably requested Information or grant permission tc secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS, TERMINATION OF LIABIUTY. In rase of a claim under this policy, the Company shall have the following additional options. (a) To Pay or Tender Payment of the Amount of Insurance. To pay or lender payment of the amount of insurance under this policy, together with any costs, attomeys' fees and expenses incurred by the insured claimant which were authorized by the Company, up to the time of payment or lender of payment and which the Company is 06995led ID pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other Than to make the payment required, shall terminate, Including any liability or obligation b defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (t) to pay or otherwise settle with other parties for or in the name of an Insured claimant any claim insured against under this pot cy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were aulhonzed by the Company up to the time or payment and which the Company Is obligated to pay', or (it) to pay or otherwise settle with the insured claimant the Toss or damage provided for under this policy. together with any costs. attorneys' lees and expenses incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(r) or (ii), the Company's obligation Io the insured under This policy for the claimed loss or damage, other than the payments required to be made, shall terminate. including any liability or obligation to defend, prosecute or continue any litigation 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 Toss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability o1 the Company under this policy shall not exceed the least of. (i) the Amount of Insurance staled in Schedule A' (ii) the difference bebveen the value of the insured estate or interest as insured and the value of the Insured estate or interest subject to the defect lien or encumbrance Insured against by this policy at the dale the Insured claimant is required to furnish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations. In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 60 percent of the value of the insured estate or interest or the full consideration pal for the land, whichever is less, or it subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance staled in Schedule A, then this Policy Is subject to the following: (1) where ra subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Dale of Policy', or (it) where a subsequent improvement has been made. as to any partial lass, the Company shall only pay the loss pro rata In the proportion that 120 percent of the Amount of Insurance staled in Schedule A bears to the cum of the Amount of Insurance stated in Schedule A and amount expended for the improvement. The provisions of this paragraph shall nol apply to costs, attorneys' fees and expenses for which the Company is liable under this poicy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance staled in Schedule A. (c) The Company will pay only those costs, attorneys' lees and expenses incurred In accordance with Section 4 of these Conditions and Stipulations. 8, APPORTIONMENT If the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting Inc or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under This policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any Improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured al the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance. or cures the lack of a right of access to or from the land, all as insured, or takes action to accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have lull performed its obligations with respect to that matter and shall not be liable for any loss or damage caused (hereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction. and disposition of all appeals therefrom, adverse to the title as insured. The Company shall nal be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior wntlen consent of the Company. 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under This policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the Insurance pro lento, (Continued on Reverse Side 0 Page) V L 0 O 1 CONDITIONS AND STIPULATIONS • Continued 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of 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 sate in the name of the insured Claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall 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 against 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 in Schedule B of this policy, either the company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service of 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 81,000,000 or less SHALL BE ARBITRATED at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at 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 t0 award attomeys' fees to a prevailing party. Judgment upon the award rendered by the Arhitrator(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. (h) 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 in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at 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 fled, 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. WHEREAS, the City of Round Rock desires to purchase approximately 1.08 acres of land, and WHEREAS, Henry A. Bradley and wife, the owners of the property, desire to sell the property to the City of Round Rock, 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 Henry A. Bradley and wife for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 9th day of N TEST: City of Round Rock, Texas E LAND, City Secretary %:\ WPDOCS \RESOLVTI \R91109E3.WPD /ec9 RESOLUTION NO. R- 99- 11- 09 -10E2 199•. / Ri =T A. STLU JR., Mayor State of Texas County of Williamson REAL ESTATE CONTRACT THIS CONTRACT OF SALE ("Contract") is made by and between HENRY A. (BRAD) BRADLEY and wife, ,)LJ L1 BRADLEY, 202 S. Harris Street, Round Rock, Williamson County, Te as, 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 1.08 acres of land situated in Williamson County, Texas, being more particularly described as follows: 1.08 acres out of the Wiley Harris Survey, Abstract No. 298, Tract 4, also known as Block 5, Original Plat of the City of Round Rock, Williamson County, Texas, (correct legal description will be determined from the survey provided for in this Contract); together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being referred to in this Contract as the "Property "), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Two Hundred Eighty -two Thousand, Two Hundred Sixty -eight and 80/100 Dollars ($282,268.80). Notwithstanding the foregoing, if the survey of the Property to be furnished by Seller to Purchaser, as provided below, reflects that the number of square feet comprising the Property is more or less than c: \wenocs \AC ITV \MCC snap \BRADLEY .UPD / sis 1 47,044.80, the purchase price is to be increased or reduced by the product of $ 6.00 times the number of square feet of the Property more or less than 47,044.80. Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. 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. Within thirty (30) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the title company to issue a preliminary title report (the "Title Commitment ") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of twenty (20) days after Purchaser receives the Title Commitment that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states that the condition is not satisfactory, Seller shall promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Contract shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the Title Commitment. Survey 3.03. Within thirty (30) days from the data hereof, Seller, at Seller's sole cost and expense, shall cause to be delivered a current plat of survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and the plat shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the property and 2 shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. New Surveys and Tests 3.04. Within sixty (60) days after the date hereof Purchaser is granted the right to conduct an engineering survey and feasibility study of the Property, and in this connection Purchaser or Purchaser's designated agents may enter upon the premises for purposes of soil analysis, core drilling, environmental survey, or other tests which may be deemed necessary to Purchaser or Purchaser's engineer. If it should be determined by Purchaser in Purchaser's sole judgment that the Property is not suitable for the intended purposes, then and in this event, Purchaser may, on written notice to Seller received prior to seventy -five (75) days from the date hereof, terminate this Contract and it shall be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the title company to Purchaser. If the written notice is not received within this 75 day period, the condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. McConico Transaction 3.05. The closing of this transaction shall be conditioned on and simultaneous with the closing of a contract for the purchase of the following described tract on terms and conditions that are acceptable to Purchaser in its sole judgment: 1.67 acres being Lots 12 -21, Block 3, City of Round Rock and 0.94 acres, Track 5, Wiley Harris Survey, Abstract No. 298, also known as Part of Block 3, City of Round Rock, Williamson County, Texas, owned by Garfield McConico and Petronella McConico. Miscellaneous Conditions 3.06. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. ARTICLE IV CLOSING The closing shall be held at the office of Alamo Title, 1717 N. I.H. 35, Round Rock, Texas, on or before Much 31, 2000, or at such time, date, Jul 212 t (, 3 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: (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: General real estate taxes for the year of closing and subsequent years not yet due and payable; Any exceptions approved by Purchaser pursuant to Article III hereof; and Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Alamo 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. 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. 4 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: Survey paid by Seller; Q. Filing fees for deed paid by Purchaser; Filing fees for release(s) paid by Seller; Title curative matters, if any, paid by Seller; Attorney's fees paid by each respectively. ARTICLE V REAL ESTATE COMMISSIONS It is understood and agreed that there are no brokers involved in the negotiation and consummation of this Contract. 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 Alamo Title Company, the sum of One Thousand Dollars ($1,000.00), the Escrow Deposit, which shall be paid by the title company to Seller in the event Purchaser breaches this Contract as provided in Article VIII hereof. At the closing, the Escrow Deposit shall be paid over to Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the title company that one or more of the conditions to its obligations set forth in Article III have not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the Escrow Deposit shall be forthwith returned by the title company to Purchaser. ARTICLE VII BREACH BY SELLER 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. 5 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 (d) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. 6 Parties Bound (e) This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. Legal Construction (f) In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded (g) This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Time of Essence (h) Time is of the essence in this Contract. Gender (i) Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. Memorandum of Contract (j) Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. NOVEIneete Dated this q - day of Gote43e.r, 1999. SEL R: HENRY A. (BR 0 )BRADLEY BRADLEY 202 S. Harris St. Round Rock, Texas 78664 7 J1 DY BR 202 S. Harris Street Round Rock, Texas 78664 Addendum 8 PURCHASER: ert A. Stluka, Jr., ' yor 221 E. Main Street Round Rock, Texas 78664 1) Seller has the option to lease their residence for a period of three months after closing at the rent of $600 per month, beginning August 1, 2000 and ending October 31, 2000. 2) In addition to the purchase price, Purchaser shall pay Seller's actual moving expense up to a maximum of $2,000.00 SELLER: 0,./ Prr A , AtIA4 .."6".,...Z. — HENRY A. AD) BRADLEY obert A. Stluka, ± Mayor 221 E. Main Street Round Rock, Texas 78664 PURCHASER: OUND R K, TEXAS DATE: November 5, 1999 SUBJECT: City Council Meeting — November 9, 1999 ITEM: 10.E.2. Consider a resolution authorizing the Mayor to execute a Real Estate contract with Henry A. Bradley and Judy Bradley for the purchase of approximately 1.08 acres of land. Staff Resource Person: Bob Bennett, City Manager.