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R-01-06-28-12B1 - 6/28/2001 RESOLUTION NO. R-01-06-28-12B1 WHEREAS, the City desires to purchase a 0 . 391 acre tract of land for right-of-way for the CR 113 Project, and WHEREAS, Robert and Diane Dillard, the owners of the property, have 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 Earnest Money Contract with Robert and Diane Dillard, for the purchase of the above described property, a copy of said 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 28th day of Ju 200 ROB RT A. STLUKA, Mayor City of Round Rock, Texas ATTEST: —(�/) AAM.#_) JC&NE LAND, City Secretary 0:\WPDOCS\RESOLUTI\R10628B1.WPD/sc n EARNEST MONEY CONTRACT 1 . PARTIES: ROBERT DILLARD and DIANE DILLARD (Seller) agrees to sell and convey to THE CITY OF ROUND ROCK. TEXAS (Buyer) and Buyer agrees to buy from Seller the property described below. 2 . PROPERTY: Approximately 0 . 391 acres of land, being more particularly described in Exhibit "A" attached hereto. 3 . CONTRACT SALES PRICE: A. Cash portion of Sales Price payable by Buyer $ 21 , 040 . 00 B. Sum of financing described below $ n a C. Sales Price (Sum of A and B) $ 21 , 040 . 00 4 . FINANCING: Not Applicable 5 . EARNEST MONEY: Buyer shall deposit $100 as Earnest Money with Brown McCarroll Sheets & Crossfield, L.L. P. 6 . TITLE POLICY, ABSTRACT AND SURVEY: A. TITLE POLICY: None Required B . ABSTRACT OF TITLE : None Required C. SURVEY REQUIRED: None Required NOTICE TO SELLER AND BUYER: (1) Buyer is advised to have an Abstract covering the Property examined by an attorney of Buyer' s selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer' s choice due to the time limitations on Buyer' s right to object . (2) If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 50 of the Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of C:\Text\RoundRock\Condemnation\CR113\Pleadings\DillardEarnestmoneydraft.wpd/bs the district prior to final execution of this contract . (3) Buyer is advised that the presence of wetlands, toxic substance including lead base paint or asbestos and waste or other environmental hazards or the presence of a threatened or endangered species or its habitat may affect Buyer' s intended use of the Property. If Buyer is concerned about these matters, an addendum either promulgated by TREC or required by the parties should be used. (4) If the Property adjoins and shares a common boundary with the tidally influenced submerged lands of the state, Section 33 . 135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract . An addendum either promulgated by TREC or required by the parties should be used. 7 . PROPERTY CONDITION: Buyer accepts the Property in its present condition, subject only to as is . 8 . BROKER' S REPRESENTATION AND FEES: NONE 9 . CLOSING: The closing of the sale shall be on or before 10 , 2001 or within 7 days after objections to title have been cured, whichever date is later (the Closing Date) ; however, if financing or assumption approval has been obtained pursuant to Paragraph 4, the Closing Date shall be extended up to 15 days only if necessary to comply with lender closing requirements (for example, survey, closing documents) . If either party fails to close this sale by the Closing Date, the non- defaulting party shall be entitled to exercise the remedies contained in Paragraph 14 . At closing, Seller shall furnish tax statements or certificates showing no delinquent taxes and a General Warranty Deed conveying good and indefeasible title showing no additional exceptions to those permitted in Paragraph 6 . 10 . POSSESSION: The possession of the Property shall be delivered to Buyer at closing. 11 . SPECIAL PROVISIONS: none. 12 . SALES EXPENSES: The following expenses shall be paid at or prior to closing: A. Loan appraisal fees shall be paid by N/A. B. The total of loan discount and buydown fees shall not exceed Ngo of the loan of which Seller shall pay the f irst N/A-. of the loan and Buyer shall pay the remainder. ............. .. C. Seller' s Expenses : None. D. Buyer' s Expenses : Application, origination and commitment fees; loan assumption costs; preparation and recording of deed of trust to secure assumption; expenses incident to new loan (s) : (for example, preparation of any note, deed of trust, and other loan documents, recording fees, tax service and research fees, warehouse or underwriting fees, copies of restrictions and easements, amortization schedule, premiums for mortgagee title policies and endorsements required by lender; credit reports, photos) ; any required reserve deposits for ad valorem taxes and special governmental assessments; interest on all monthly installment payment notes from date of disbursements to one month prior to dates of first monthly payments; one-half of escrow fee and expenses stipulated to be paid by Buyer under other provisions of this contract . E. If any sales expense exceeds the amount stated in this contract to be paid by either party, either party may terminate this contract unless either party agrees to pay such excess . 13 . PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS . Interest on any assumed loan, current taxes, any rents, maintenance fees and assessments 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. 14 . 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 both, or (b) terminate this contract and receive the Earnest Money as liquidated damages, 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 and receive the Earnest Money as the sole remedy 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 and receive the Earnest Money, thereby releasing both parties from this contract . 15 . 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 . 16 . ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent is not (a) a party to this contract and does not have any liability for the performance or non-performance of any party to this contract (b) liable for interest on the Earnest Money or © liable for any loss of Earnest Money caused by the failure of any financial institution in which the Earnest Money has been deposited, unless the financial institution is acting as Escrow Agent . If any either party makes demand for the payment of the Earnest Money, Escrow Agent has the right to require from all parties a written release of liability of Escrow Agent for disbursement of the Earnest Money. Any refund or disbursement of Earnest Money under this contract shall be reduced by the amount of unpaid expenses incurred on behalf of the party receiving the Earnest Money, and Escrow Agent shall pay the same to the creditors entitled thereto. At closing, the Earnest Money shall be applied to any cash down payment, then to Buyer' s closing costs and any excess refunded to Buyer. Demands and notices required by this paragraph shall be in writing and delivered by hand delivery or by certified mail, return receipt requested. 17 . 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 and the Earnest Money shall be refunded to Buyer. All representations contained in this contract and an agreement for mediation shall survive closing. 18 . NOTICES: All notices shall be in writing and effective when mailed to or hand-delivered at the addresses shown below. 19 . 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. 20 . USE AND UTILITIES: This conveyance is made for the purpose of providing right of way for the expansion of County Road 113 . Grantor reserves for Grantor and Grantor' s successors and assigns forever, a perpetual, non-exclusive easement for ingress and egress across the property herein conveyed for access to County Road 113 for the benefit of the property retained by the Grantor as long as such ingress and egress does not substantially or materially interfere with the Grantee ' s use of the property herein conveyed. Utilities required at the Property for such use are N A water; N A sanitary sewer; N A gas ; N A electricity; N A telephone; N A None; N A None . If Buyer ascertains that applicable zoning ordinances, easements, restrictions or governmental laws, rules or regulations prevent such intended use or that such required utilities are not available, or that the Property is located within the 100 year flood plain as shown on the current Federal Emergency Management Agency map, and Buyer so notifies Seller within ten (10) days after the effective date of this contract, the same shall terminate and the Earnest Money shall be refunded to Buyer. Buyer' s failure to give the notice within the required time shall constitute Buyer' s acceptance of the Property. 21 . DISPUTE RESOLUTION: It is the policy of the State of Texas to encourage the peaceable resolution of disputes through alternative dispute resolution procedures . The parties are encouraged to use an addendum approved by TREC to submit to mediation disputes which cannot be resolved in good faith through informal discussion. 22 . AGREEMENT OF PARTIES: The contract contains the entire agreement of the parties and cannot be changed except by their written agreement . Addenda which are a part of this contract are : NONE 23 . 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 : Brown McCarroll Sheets & Crossfield, L.L. P. 309 East Main Round Rock, Texas //78664 /,e qs' �YeL r Q►^�L -S� ��CYS ) Cc C�c h,aJ o.,�/nP t6/"-r 7 P�t y S/n c f o v i S Al Q d e a ACX 2�-✓/ �r P ".��C. _2r4 5>er/- /-r���Pfr- /7etS -cyY'Fe. , se // T/a� �roP2r7yj ever /+�[uL� nkfs �/ecrt, ecL �6 C4�,c/}�eHtit C�GcC SELLER' S ATTORNEY AND ADDRESS : Robert Swanson 610 West Lynn Austin, Texas 78703 EXECUTED in multiple originals on a 7 dam/ BUYER n CITOF Q E S BY: ITS : ADDRESS AND TELEPHONE: Charles Crossfield Brown McCarroll Sheets & Crossfield, L.L. P. 309 East Main Round Rock, Texas 78664 SELLER / U), i^ ROBERT DILLARD .le .LX 0.w A DIANE DILLARD ADDRESS AND TELEPHONE : Robert Dillard and Diane Dillard P.O. Box 759 Round Rock, Texas 78680 (512) 244-9661 ;� RECEIPT Receipt of [ ] Contract and [ ] $100 Earnest Money in the form of is acknowledged. Date : 2001 . By: PREPARED IN THE OFFICE OF: Brown McCarroll Sheets & Crossfield L.L. P. 309 East Main Round Rock, Texas 78664 FIELD NOTE DESCRIPTION FOR A 0.391 ACRE TRACT: BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY, TEXAS,AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 38.00 ACRE TRACT, CONVEYED TO ROBERT DILLARD IN VOLUME 1390,PAGE 799, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING,at a calculated point for the southwest corner of said 38.00 acre tract of land,the same being the southeast corner of a 6.57 acre tract of land conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the Official Records of Williamson County, Texas, said point being in the north right-of-way line of County Road No. 113,known locally as Kiphen Road,for the southwest comer and the POINT OF BEGINNING of the herein described tract; THENCE North 19°05'32" West, a distance of 24.40 feet, with the west line of said 38.00 acre tract and the east line of said 6.57 acre tract,to a calculated point for the northwest corner of this tract; THENCE,departing the west line of said 38.00 acre tract,the east line of said 6.57 acre tract,South 88°37'12"East,a distance of 808.02 feet,crossing said 38.00 acre tract,to a calculated point in the east line of said 38.00 acre tract and the west line of a 5.436 acre tract conveyed to Lucy Guerrero and recorded in Document No.9760377,of the Official Records of Williamson County,Texas,for the northeast corner of this tract; THENCE, South 01017'30" West, a distance of 19.53 feet, with the east line of said 38.00 acre tract and the west line of said 5.436 acre tract, to an iron rod found for the southeast comer of said 38.00 acre tract and the southwest comer of said 5.436 acre tract, said point being in the north right-of-way line of County Road No. 113,for the southeast corner of this tract; THENCE,North 88°51'32"West,a distance of 799.52 feet,with the north right-of-way line of County Road No. 113,and the south line of said 38.00 acre tract,to the POINT OF BEGINNING. Containing 0.391 acres of land,more or less. OF e oN -RANDALL.S.JONES Randall S.Jones Date Registered Profession and Surveyor No.4391 SURJ� State of Texas Date:September 28,2000 RJ Surveying Inc. 1212 East Braker Lane Austin,Texas 78753 S:Uand Projects R2\658\docslDILLARD.doc Page 1 of 1 Revised on 10.06-00 Revised on 01-17-01 Revised on 02-15-01 Exp 0"A" SKETCH TO ACCOMPANY FIELD NOTES: ` LEGEND: W.C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS ( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R. SCALE 1'=100' • = IRON ROD FOUND REMAINDER OF Q = CALCULATED POINT ROBERT DILLARD LUCY GUERRERO HUSSAIN MEHRABIAN 1390/799 Doc. No.9760377 2386/208 W.C.D.R. W.C.O.R. � W.C.O.R. '0T54 (N19 "W) N19'05'32"W (SOt'07'36"W) l 24.40' S88'3T12"E 808.02' S01'1 7'30"W — -------- 1 ----- — 0.391—Ac 19.53' ►N88'51'32"W X1242.96' (N88'54'41"W) N88-51-32"W 799.52' (799.64') ----- (1243-- POINT OF BEGINNING IN FIELD NOTES Co. Rd. 113 "KI hen Road" HUSSAIN MEHRABIAN 2336/22 W.C.D.R. NOTE: DATE: SEPTEMBER 28, 2000 LEGAL DESCRIPTION: NO EASEMENT RESEARCH WAS PERFORMED REVISED: JANUARY 17, 2001 A 0.391 ACRE TRACT OF LAND, SITUATED IN BY RJ SURVEYING INC. REVISED: FEBRUARY 15, 2001 WLLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT No.173, ANDR J ENGINEERING BEING A PART OF THAT CERTAIN TRACT OF LAND PLANNING ,CONVEYED TO ROBERT DILLARD IN VOLUME 1390, SURVEYING INC. SURVEYING• ' PAGE 799, OF THE DEED RECORDS OF WILLIAMSON COUNTY. TEXAS. 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793 DATE: June 22, 2001 SUBJECT: City Council Meeting—June 28, 2001 ITEM: *12.B.1. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Robert and Diane Dillard for right-of-way for the CR 113 project. Resource: Steve Sheets, City Attorney Julie Wolff, Legal Assistant History: This contract with Mr. and Mrs. Dillard is for right-of-way acquisition for the CR 113 project. On April 12, 2001, the City Council approved an ordinance determining the need and necessity for this acquisition. Funding: Cost: $21,040 Source of funds: Williamson County, Transportation System Development Corporation, Developers Outside Resources: Randall Jones Engineering, Sheets & Crossfield, P.C. Impact: N/A Benefit: Improved mobility on CRI 13 and new waterline. Public Comment: Several meetings with affected property owners. Sponsor: N/A � j 1 I{ 3 t, !' Latwye"LrsvoTitle r Insurance or ration j�'� A WORD OF THANKS ..... E �'� i� !, l As we make your policy a part of our permanent records,we want to express our appreciation of Fthis evidence of your faith in Lawyers Title Insurance Corporation. �ji i ' TEXAS OWNER There is no recurring premium. i POLICY OF This policy provides valuable title protection and j, i we suggest you keep it in a safe place where it will be readily available for future reference. TITLE INSURANCE si If you have any questions about the protection z provided by this policy, contact the office that a' issued your policy or you may write to: Consumer Affairs Department IaAtw ers ide Insurance o oration 7557 Rambler Road, Suite 1200 Dallas,Texas 75231 F ( IssuEo By TOLL FREE NUMBER: 1-800-442-7067 L�a rs io n TdeInsumnce C��oratio i'I! HOME OFFICE: 101 Gateway Centre Parkway,Gateway One Q Richmond, Virginia 23235-5153 i CONDITIONS AND STIPULATIONS—CONTINUED (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the 12. PAYMENT OF LOSS. Insured Claimant. (a) No payment shall be made without producing this policy for endorsement of (i) to pay or otherwise settle with other parties for or in the name of an the payment unless the policy has been lost or destroyed,in which case proof of loss or insured claimant any claim insured against under this policy, together with any costs, destruction shall be furnished to the satisfaction of the Company. attorneys'fees and expenses incurred by the insured claimant, which were authorized (b) When liability and the extent of loss or damage has been definitely fixed in by the Company up to the time of payment and which the Company is obligated to pay, accordance with these Conditions and Stipulations,the loss or damage shall be payable or within 30 days thereafter. (ii) to pay or otherwise settle with the insured claimant the loss or damage 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. provided for under this policy, together with any costs, attorneys' fees and expenses (a) The Company's Right of Subrogation. incurred by the insured claimant,which were authorized by the Company up to the time Whenever the Company shall have settled and paid a claim under this policy,all of payment and which the Company is obligated to pay. right of subrogation shall vest in the Company unaffected by any act of the insured Upon the exercise by the Company of either of the options provided for in claimant. paragraphs (b)(i) or(ii),the Company's obligations to the insured under this policy for The Company shall be subrogated to and be entitled to all rights and remedies the claimed loss or damage, other than the payments required to be made, shall that the insured claimant would have had against any person or property in respect to terminate, including any liability or obligation to defend, prosecute or continue any the claim had this policy not been issued. If requested by the Company, the insured litigation. claimant shall transfer to the Company all rights and remedies against any person or 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. property necessary in order to perfect this right of subrogation. The insured claimant This policy is a contract of indemnity against actual monetary loss or damage shall permit the Company to sue, compromise or settle in the name of the insured sustained or incurred by the insured claimant who has suffered loss or damage by claimant and to use the name of the insured claimant in any transaction or litigation reason of matters insured against by this policy and only to the extent herein described. involving these rights or remedies. (a) The liability of the Company under this policy shall not exceed the least of If a payment on account of a claim does not fully cover the loss of the insured (i) the Amount of Insurance stated in Schedule A, claimant, the Company shall be subrogated to these rights and remedies in the (ii) the difference between the value of the insured estate or interest as proportion that the Company's payment bears to the whole amount of the loss. insured and the value of the insured estate or interest subject to the defect, lien or If loss should result from any act of the insured claimant,as stated above,that act encumbrance insured against by this policy at the date the insured claimant is required shall not void this policy, but the Company, in that event, shall be required to pay only to furnish to Company a proof of loss or damage in accordance with Section 5 of these that part of any losses insured against by this policy that shall exceed the amount, if Conditions and Stipulations. any, lost to the Company by reason of the impairment by the insured claimant of the (b) In the event the Amount of Insurance stated in Schedule A at the Date of Company's right of subrogation. Policy is less than 80 percent of the value of the insured estate or interest or the full (b) The Company's Rights Against Non-Insured Obligors. consideration paid for the land,whichever is less,or if subsequent to the Date of Policy The Company's right of subrogation against non-insured obligors shall exist and an improvement is erected on the land which increases the value of the insured estate shall include,without limitation,the rights of the insured to indemnities,guaranties,other or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, policies of insurance or bonds, notwithstanding any terms or conditions contained in then this Policy is subject to the following those instruments that provide for subrogation rights by reason of this policy. (i) where no subsequent improvement has been made,as to any partial 14. ARBITRATION. loss,the Company shall only pay the loss pro rata in the proportion that the amount of Unless prohibited by applicable law or unless this arbitration section is deleted by insurance at Date of Policy bears to the total value of the insured estate or interest at specific provision in Schedule B of this policy, either the company or the insured may Date of Policy'or demand arbitration pursuant tothe matters may include, but are not lthe Title Insurance Arbitration Rules t l the American (ii) where a subsequent improvement has been made, as to any partial Arbitration Association. Arbitrable loss,the Company shall only pay the loss pro rata in the proportion that 120 percent of limited the Amount of Insurance stated in Schedule A bears to the sum of the Amount of controversy or claim between the Company and the Insured arising out of or relating to any Insurance stated in Schedule A and the amount expended for the improvement. this policy,any service the Company in connection with its issuance or the breach of The provisions of this paragraph shall not apply to costs, attorneys' fees and a policy provision or other obligation. All arbitrable matters when the Amount of expenses for which the Company is liable under this policy,and shall only apply to that Insurance r he Insured, or less SHALL BE arbitrated at the request di either the portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Company or the Insured, unless the insured is an individual person (as distinguished Insurance stated in Schedule A. from a corporation, trust, partnership, association or other legal entity). All arbitrable only those costs, attorneys' fees and expenses matters when the Amount of Insurance is in excess of 51,000,000 shall be arbitrated (c) The Company will pay o incurred in accordance with Section 4 nl these Conditions and Stipulations. 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 8. APPORTIONMENT. the option of the insured,the Rules in effect at Date of Policy shall be binding upon the If the land described in Schedule A consists of two or more parcels that are not parties. The award may include attorneys'fees only it the laws of the state in which the being used as a single site, and a loss is established affecting one or more of the land is located permit a court to award attorneys'fees to a prevailing party. Judgment parcels but not all,the loss shall be computed and settled on a pro rata basis as if the upon the award rendered by the Arbitrator(s) may be entered in any court having amount of insurance under this policy was divided pro rata as to the value on Date of jurisdiction thereof. Policy of each separate parcel to the whole, exclusive of any improvements made The law of the situs of the land shall apply to an arbitration under the Title subsequent to Date of Policy,unless a liability or value has otherwise been agreed upon Insurance Arbitration Rules. as to each parcel by the Company and the insured at the time of the issuance of this A copy of the Rules may be obtained from the Company upon request. policy and shown by an express statement or by an endorsement attached to this policy. 15. LIABILITY LIMITED TO THIS POLICY:POLICY ENTIRE CONTRACT. 9. LIMITATION OF LIABILITY. (a) This policy together with all endorsements, if any, attached hereto by the (a) It the Company establishes the title, or removes the alleged defect, lien or Company is the entire policy and contract between the insured and the Company. In encumbrance,or cures the lack of a right of access to or from the land,all as insured,or interpreting any provision of this policy,this policy shall be construed as a whole. takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner (b) Any claim of loss or damage, whether or not based on negligence, and by any method,including litigation and the completion of any appeals therefrom,it shall which arises out of the status of the title to the estate or interest covered hereby or by have fully performed its obligations with respect to that matter and shall not be liable for any action asserting such claim,shall be restricted to this policy. any loss or damage caused thereby. (c) No amendment of or endorsement to this policy can be made except by a (b) In the event of any litigation, including litigation by the Company or with the writing endorsed hereon or attached hereto signed by either the President, a Vice Company's consent,the Company shall have no liability for loss or damage until there President, the Secretary, an Assistant Secretary, or validating officer or authorized has been a final determination by a court of competent jurisdiction,and disposition of all signatory of the Company. appeals therefrom,adverse to the title as insured. 16. SEVERABILITY. (c) The Company shall not be liable for loss or damage to any insured for In the event any provision of the policy is held invalid or unenforceable under liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. applicable law, the policy shall be deemed not to include that provision, and all other provisions shall remain in full force and effect. 10. REDUCTION OF INSURANCE:REDUCTION OR TERMINATION OF LIABILITY. 17 NOTICES,WHERE SENT. All payments under this policy, except payments made for costs, attorneys'fees All notices required to be given the Company and any statement in writing and expenses,shall reduce the amount of the insurance pro tanto. required to be furnished the Company shall include the number of this policy and shall 11. LIABILITY NONCUMULATIVE. be addressed to. Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia It is expressly understood that the amount of insurance under this policy shall be 23261-7567. reduced by any amount the Company may pay under any policy insuring a mortgage to COMPLAINT NOTICE. which exception is taken in Schedule B or to which the insured has agreed,assumed,or Should any dispute arise about your premium or about a claim that you have taken subject,or which is hereafter executed by an insured and which is a charge or lien filed, contact the agent or write to the Company that issued the policy. If the on the estate or interest described or referred to in Schedule A,and the amount so paid problem is not resolved,you also may write the Texas Department of Insurance, shall be deemed a payment under this policy to the insured owner. 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. CONTROL NUMBER B 11- Q 0 15 9 b 2 R 1178-22 LANDAM- EPICA PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on-the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family — Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company — may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required,but if you have questions,please write to us: LandAmerica Privacy P.O. Box 27567 Richmond,VA 23261-7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company,Commonwealth Land Title Insurance Company of New Jersey,Industrial Valley Title Insurance Company,Land Title Insurance Company.Lawyers Title Insurance Corporation,Title Insurance Company of America,Transnation Title Insurance Company,Transnation Title Insurance Company of New York Relocation and Mortgages: Commonwealth Relocation Services,CRS Financial Services.Inc.,LandAmerica Account Ser•'icing.Inc. Title Agents: Austin Title Company,ATACO,Inc.,Albuquerque Title Company, Atlantic Title&Abstract Company,Brighton Title Services Company, Capitol City Title Services,Inc.,CFS Title Insurance Agency,Charleston Title Agency:Charter Tide Company of Fort Bend,Galveston,and Sugarland;Commercial Settlements,Inc.,Commonwealth Land Tide Company;Commonwealth Land Title Company of Austin,Dallas,Fort Worth,Houston,Washington,Congress Abstract Corp..Cornerstone Residential Tide,Cumberland Title Company,First Title&Escrow,Inc.,Gulf Atlantic,Harbour Tide,HL Tide Agency,Lawyers Tide Company;Lawyers Tide of Arizona,EI Paso,Galveston,Nevada,Pueblo, San Antonio,Lawyers Title Settlement Company,Lion Abstract,Longworth Insured, Louisville Title Agency of Central Ohio,Lorain County Title Company,M/I Title Agency,NIA/Lawyers Title Agency;Oregon Title, Park Title,Partners Title Company,Pikes Peak Title Services,RF/Affirm Title Agency,Rainier Title Company,Residential Residential Title,Rio Rancho Title,Texas Title Company,Title Transfer Service,Inc.,TransOhio Residential Title Agency,Traumation Title&Escrow,Union Title Agency, University Title Services,Wilson Title Company Appraisals and Ancillary Services: LandAmerica OneStop,Inc. FORM 3391-6(May 2001) LANDAMERICA PRIVACY POLICY What kinds of information we collect. Most of LandAmerica's business is title insurance, but there are companies in our family that provide other real estate services to consumers. We collect information about you, (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying or financing. We obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may information from you or from the lender, attorney, or real estate broker that you have choseny Our tget itle insurance companies then obtain information from the public records about the property prepare a title insurance P P P rty so that we can Pref ce policy. When we provide closing, escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may get your social security number, and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected,please write to us. How we use-this information The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There's no need to tell us to keep your information to ourselves because we shy your information only to provide the service requested by your or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, and to provide information to government and law enforcement agencies. Companies within a family may share certain information among themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction or for some other purpose permitted by law. How we protect your information We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. Agents that may be covered by this policy. Often, your transaction goes through agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that arnot part of the LandAmerica family may specifically, in writing, adopt our policy statement. FORM 3391-6(May 2001) 0217074 0 491 $*****21, 040.00 $****362.00 1000 LAWYERS TITLE INSURANCE CORPORATION --------------------- OWNER POLICY OF TITLE INSURANCE --------------------- CASE NUMBER DATE OF AMOUNT OF POLICY NUMBER POLICY INSURANCE 2001 RR 217074-L (215) /llg 8/ 9/2001 $*****21,040.00 0217074 SCHEDULE A 1. Name of Insured: CITY OF ROUND ROCK, TEXAS 2. The estate or interest in the land that is covered by this policy is: FEE SIMPLE 3 . Title to the estate or interest in the land is insured as vested in: CITY OF ROUND ROCK, TEXAS 4. The land referred to in this policy is described as follows: 0.391 ACRES, MORE OR LESS, OUT OF WILLIS DONAHO SURVEY, ABSTRACT NO.173, WILLIAMSON COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERftO. AUSTIN TITLE COMPANY ACL, 0. Countersigned By: Aut orize oun ersigna ure Texas Owner's Policy T-1 (Rev. 1-1-93) Valid Only If Schedule B Schedule A And Cover Page Are Attache \^ F h W ' a -� x FIELD NOTE DESCRIPTION FOR A 0.391 ACRE TRACT: BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY, -TEXAS,AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 38.00 ACRE TRACT, CONVEYED TO ROBERT DILLARD IN VOLUME 1390, PAGE 799, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ' BEGINNING, at a calculated point for the southwest corner of said 38.00 acre tract of land,the same being the southeast comer of a 6.57 acre tract of land conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the Official Records of Williamson County, Texas, said point being in the north right-of-way line of County Road No. 113,known locally as Kiphen Road,for the southwest corner and the POINT OF BEGINNING of the herein described tract; - THENCE North 19°05'32" West, a distance of 24.40 feet, with the west line of said 38.00 acre tract and the east line of said 6.57 acre tract, to a calculated-point for the northwest corner of this tract; THENCE, departing the west line of said 38.00 acre tract,the east line of said 6.57 acre tract, South 88°37'12"East,a distance of 808.02 feet,crossing said 38.00 acre tract,to a calculated point in the east line of said 38.00 acre tract and the west line of a 5.436 acre tract conveyed to Lucy Guerrero and recorded in Document No. 9760377,of the Official Records of Williamson County,Texas,for the northeast comer of this tract; THENCE, South 01°17'30" West, a distance of 19.53 feet, with the east line of said 38.00 acre tract and the west line of said 5.436 acre tract, to an iron rod found for the southeast corner of said 38.00 acre tract and the southwest corner of said 5.436 acre tract, said point being in the north right-of-way line of County Road No. 113,for the southeast corner of this tract; THENCE,North 88°51'32"West,a distance of 799.52 feet,with the north right-of-way line of County Road No. 113, and the south line of said 38.00 acre tract,to the POINT OF BEGINNING. Containing 0.391 acres of land,more or less. OF T TF �P 0\$ c4 e o N RANDAII S;JONES 9 4391 �e f0� Randall S.Jones Date �'•.oF o,f ��-L Registered Profession and Surveyor No.4391 SUR Y State of Texas Date: September 28,2000 RJ Surveying Inc. 1212 East Braker Lane Austin,Texas 78753 i Shand Projects R2\658\docs\DILLARD.doc Page 1 of 1 Revised on 10.06-00 Revised on 01-17-01 Revised on 02-15-01 LAWYERS TITLE INSURANCE CORPORATION --------------------- OWNER POLICY OF TITLE INSURANCE --------------------- CASE NUMBER DATE OF POLICY NUMBER POLICY 2001 RR 217074-L (215) /llg 8/ 9/2001 0217074 SCHEDULE B This policy does not insure against loss or damage (and the Comany 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) : ITEM 1 OF SCHEDULE B IS HEREBY DELETED IN ITS ENTIRETY. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, government or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or to rivers and streams lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled-in lands, or artificial islands, .or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2001 , 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 roperty under Section 11.13, TEXAS TAX CODE, or because of improvements not assessed for a previous tax year. 6. The followin matters and all terms of the documents creating or offering evidence of She matters (We must insert matters or delete this exception. ) : RIGHTS OF PARTIES IN POSSESSION. 7. ANY VISIBLE AND/OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT PROPERTY, THE EXISTENCE OF WHICH DOES NOT APPEAR OF RECORD. 8. ANY PORTION OF THE PROPERTY HEREIN DESCRIBED WHICH FALLS WITHIN THE BOUNDARIES OF ANY ROAD OR ROADWAY. 9. AN EASEMENT DATED JUNE 22 1928 GRANTED TO LONE STAR GAS COMPANY BY MRS. OD PAGE5 DEED COUNTY TEXAS. (EASEMENTTL OR PIPELINES,1TbGETHERRWITTHDALLWRIGHTSSRECITED THEREIk) ( CONT. ON SCH. B, PAGE 2 ) Texas Owner's Policy T-1 (Rev. 1-1-93) Valid Only If Schedule A Schedule B And Cover Page Are Attached LAWYERS TITLE INSURANCE CORPORATION --------------------- OWNER POLICY OF TITLE INSURANCE --------------------- CASE NUMBER DATE OF POLICY NUMBER POLICY 2001 RR 217074-L (215) /llg 8/ 9/2001 0217074 SCHEDULE B 10. AN EASEMENT DATED DECEMBER 3 1940, GRANTED TO TEXAS POWER AND LIGHT OMPANY BY C.C.ILLIAMSON COUNTY, TEXAS. (EASEMENTCORDED IN FORELEtTRICUME 308 ET2RANSMISSIONDEED C ORDS WAND/6R DISTRIBUTION LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 11. AN EASEMENT DATED AUGUST 8, 1978, GRANTED TO TEXAS POWER AND LIGHT COMPANY BY 7793CURTIS AND MARY KATHERINE DEED RECORDS, WILLIAMSONHCOUNT�,EHMAN ETEXA .RE(EASEMENT FOR ELECTRfCCORDED IN VOLUME 733 PAGE DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 12 AN ON UINIVIDED UNDERONE-HALF OR THAT MAY2BEINTEREST PRODUCEDIFROMALL THEOIL 6UBJECTND OTHER PROPERTY ASESETS FOkTH fN INSTRUMENT RECORDED IN VOLUME 663, PAGE 675, DEED RECORDS, WILLIAMSON COUNTY, TEXAS. Texas Owner's Policy T-1 (Rev. 1-1-93) Valid Only If Schedule A Schedule B And Cover Page Are Attached Parcel: 123 SPECIAL WARRANTY DEED County Road 113 Right-of-Way THE STATE OF TEXAS § COUNTY OF WILLIAMSON § s WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such }.; other property rights deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of a portion of the proposed County Road 113 ("Project" ) ; and, u WHEREAS the 451 purchase of the hereinafter-described premises has been deemed necessary or convenient for the construction, expansion, enlargement, extension, improvement, or operation of the Project; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, ROBERT W. DILLARD and DIANE W. DILLARD, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($ 10.00) and other good and valuable consideration to Grantors in hand paid by the City of Round Rock, Texas, receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Round Rock, Texas all those certain tracts or parcels of land lying and being situated in the County of Williamson, State of Texas, being more particularly described as follows: 0 . 391 acres , more or less , out of WILLIS DONAHO SURVEY, ABSTRACT NO. 173 , Williamson County, Texas, and more particularly described in Exhibit 1 Al attached hereto . Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City to take and use all other minerals and materials thereon, therein and thereunder. 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 . This conveyance is made for the purpose of providing right of way for the expansion of County Road 113 . Grantor reserves for Grantor and Grantor's 00005322.WPD 1 successors and assigns forever, a perpetual, non-exclusive easement for ingress and egress across the property herein conveyed for access to County Road 113 for the benefit of the property retained by the Grantor as long as such ingress and egress does not substantially or materially interfere with the Grantee' s use of the property herein conveyed. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Round Rock, Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the City of Round Rock, Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise . This deed is being delivered in lieu of condemnation and Grantors have made no representations or warranties concerning the Property and the City of Round Rock is purchasing the Property AS IS. IN WITNESS WHEREOF, this instrument is executed on this the ,277�*day of 2001 . ROBERT W. DILLARD DIANE W. DILLARD �. 64 4#orh411 w - TC,,C_ 00005322.WTD 2 Acknowledgment State of Texas County of Williamson This instrument was acknowledged before me on this the �_ day of y , 2001 by ROBERT W. DILLARD) /NDfV1,0,-1,gLi -1 /y Alr,> AS 19 i TUeNF'/- /,I/- FWGT F04 D1# E k/ , PiLL-fgRD, °- --- 7TT Notary Public, State of Texas SUSAN PA CC3' M s ACknowled ent :ebruar State of Texas County of Williamson This instrument was acknowledged before me on this the day of , 2001 by DIANE W. DILLARD. Notary Public, State of Texas PREPARED IN THE OFFICE OF: Sheets & Crossfield, P.C. 309 E. Main St . Round Rock, Texas 78664 AFTER RECORDING RETURN TO: a<{�) Austin Title Company 101 E . Old Settler ' s Blvd , Suite 100 Round Rock, Texas 7£664 00005322.WPD 3 FIELD NOTE DESCRIPTION FOR A 0.391 ACRE TRACT: BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY, TEXAS,AND BEING OUT OF AND A PART OF THE WILLIS DONA:HO SURVEY, ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 38.00 ACRE TRACT, CONVEYED TO ROBERT DILLARD IN VOLUME 1390, PAGE 799, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a calculated point for the southwest corner of said 38.00 acre tract of land, the same being the southeast corner of a 6.57 acre tract of land conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the Official Records of Williamson County, Texas, said point being in the north right-of-way line of County Road No. 113, known locally as Kiphen Road, for the southwest corner and the POINT OF BEGINNING of the herein described tract; THENCE North 19005'32" West, a distance of 24.40 feet, with the west line of said 38.00 acre tract and the east line of said 6.57 acre tract, to a calculated -point for the northwest corner of this tract; THENCE, departing the west line of said 38.00 acre tract, the east line of said 6.57 acre tract, South 88°37'12"East, a distance of 808.02 feet, crossing said 38.00 acre tract, to a calculated point in the east line of said 38.00 acre tract and the west line of a 5.436 acre tract conveyed to Lucy Guerrero and recorded in Document No. 9760377, of the Official Records of Williamson County, Texas, for the northeast comer of this tract; THENCE, South 01017'30" West, a distance of 19.53 feet, with the east line of said 38.00 acre tract and the west line of said 5.436 acre tract, to an iron,rod found for the southeast corner of said 38.00 acre tract and the southwest corner of said 5.436 acre tract, said point being in the north right-of-way line of County Road No. 113, for the southeast comer of this tract; THENCE, North 88°51'32"West, a distance of 799.52 feet, with the north right-of-way line of County Road No. 113, and the south line of said 38.00 acre tract, to the POINT OF BEGINNING. Containing 0.391 acres of land, more or less. OF TF q- ...................... •••.• .NN1M...a RANDALL S;JONES "= 9 Randall S. Jones Date Y^:° 4391 Registered Profession and Surveyor No. 4391 SURD State of Texas Date: September 28, 2000 RJ Surveying Inc. 1212 East Braker Lane Austin, Texas 78753 S:Umd Projects R216581docs\DH LARD.doc Page 1 of 1 Revised on 1006-00 Revised on 01-17-01 Revised on 02-15-01 RECORDERS MEMORANDUM SKETCH TO ACCOMPANY FIELD NOTES: All ccp pm of the tezt on this page was not dearly lepl&for satisfactory recordation. LEGEND: W.C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS SCALE 1n=100' ( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R. • = IRON ROD FOUND REMAINDER OF Q = CALCULATED POINT ROBERT DILLARD LUCY GUERRERO � HUSSAIN MEHRABIAN 1390/799 Doc. No.9760377 2386/208 W.C.D.R. W.C.O.R. W.C.O.R. (N19-07'54"W) N 19'05'32"W (SO1'07'36"W) 24.40' S88'37'12"E 808.02' S01'17'30"W N88'51'32"W 0.391 Ac. 19.53' 1242.96 x ' -- (1243.14 96') (N88'54'41"W) N88-51-32"W 799.52' (799.64') --------------- — ————————————— --------- POINT OF BEGINNING IN FIELD NOTES CO. Rd. - "Kiphen Road" --- - - HUSSAIN MEHRABIAN , 2336/22 W.C.D.R. NOTE: DATE: SEPTEMBER 28, 2000 LEGAL DESCRIPTION: NO EASEMENT RESEARCH WAS PERFORMED REVISED: JANUARY 17. 2001 BY RJ SURVEYING INC. REVISED: FEBRUARY 15. 2001 A 0.391 ACRE TRACT OF LAND, SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT No.173, AND RJ ENGINEERING BEING A PART OO THAT CERTAIN TRACT OF LAND PLANNING TO ROBERT DILLARD IN VOLUME 1390, • PAGE 799, OF THE DEED RECORDS OF WILLIAMSON SURVEYING INC. SURVEYING COUNTY, TEXAS. 1212 BRAKER LANE AUSTIN. TEXAS 78753 (512) 836--4793 C 09.1 -7(07gL- PARTIAL RELEASE OF LIEN Date: July 24,2001 Note: Date: March 15, 1995 Original Amount: $184,000.00 Maker: ROBERT W. DILLARD and wife,DIANE W. DILLARD Payee: CHARLES WEINER Date of maturity: as therein provided Holder of Note and Lien: CHARLES WEINER Holder's Mailing Address(including county): CHARLES WEINER 2803 Buffalo Speedway Houston,Texas 77098 Harris County Note and Lien are described in the following documents, recorded in: Deed of Trust dated March 15, 1995, executed by ROBERT W. DILLARD and wife, DIANE W. DILLARD to Kathryn G. Remkes, Trustee, recorded on March 16, 1995 in Volume 2692, Page 0335, Official Records, Williamson County, Texas, securing the payment of one certain note for the principal sum of$184,000.00,payable to the order of CHARLES WEINER. Property (including any improvements)Subject to Lien: 0.391 acres, more or less, out of Willis Donaho Survey, Abstract No. 173, Williamson County, Texas, and more particularly described in Exhibit "A" attached hereto. Holder of the note and lien acknowledges its partial payment and releases only the property described above from the lien and from all liens held by Holder of the note and lien without regard to how they were created or evidenced. Holder of the note and lien expressly releases all present and future rights to establish or enforce the lien against the above described property as security for the payment of any future or other advances. i When the context requires,�iyfgular nouns and pro uns include the plural. CHARLES WEINER PartialReleaseofLien 1 a ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this the day of July, 2001 by CHARLES WEINER. f�!lllllllll!!llllllllllll� l�l yP�e, KATHRYN G. REMKES 11 * * NOTARY PUBLIC,STATE OF TEXAS 1 `111111 N� MY COMMISSION EXPIRES Notary Public In and for the State of Texas tl�l 'rF00 DEC. 30,2004 Nllllllll!!!!!lllllllllll� After Recording Return To: Austin Title Company v19; 101 E. Old Settler's Blvd.,Suite 100 Round Rock,Texas 78664 PartialReleaseofLien 2 07/23/01 MON 15:47 FAX 512 479 6669 AUSTIN TITLE COMPANY 0 004 FIELD NOTE DESCRIPTION FOR A 0.391 ACRE TRACT: BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY, TEXAS,AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 38.00 ACRE TRACT, CONVEYED TO ROBERT 1N VOLUME 1390,PAGE 799, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a calculated point for the southwest corner of said 38.00 acre tract of land;the same being the southeast comer of a 6.57 acre tract of land conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the Official Records of Williamson County, Texas, said point being in the north right-of-way line of County Road No. 113,known locally as Kiphen Road,for the southwest corner and the POINT OF BEGINNING of the herein described tract; THENCE North 19005'32"West, a distance of 24.40 feet, with the west line of said 38.00 acre tract and the east line of said 6.57 acre tract, to a calculated-point for the northwest corner of this tract; THENCE,departing the west line of said 38.00 acre tract,the east line of said 6.57 acre tract,South 88°37'12"East,a distance of 808.02 feet,crossing said 38.00 acre tract,to a calculated point in the east line of said 38.00 acre tract and the west line of a 5.436 acre tract conveyed to Lucy Guerrero and recorded in Document No. 9760377,of the Official Records of Williamson County,Texas,for the northeast comer of this tract; THENCE, South 01017'30" West, a distance of 19.53 feet, with the, east line of said 38.00 acre tract and the west line of said 5.436 acre tract, to an iron.rod found for the southeast comer of said 38.00 acre tract and the southwest corner of said 5.436 acre tract, said point being in the north right-of-way line of County Road No. 113,for the southeast comer of this tract; THENCE,North 88°51'32"West, a distance of 799.52 feet,with the north right-of-way line of County Road No. 113,and the south line of said 38.00 acre tract,to the POINT OF BEGINNING. Containing 0.391 acres of land,more or less. 'L OF TF 2 l o RANDALL S.JONES Date o 81 �" 4 a Randall S.Jones 43 ,9°fsss;o�yo Registered Professio and Surveyor No.4391 ..U�J� State of Texas Date:September 28,2000 RJ Surveying Inc. 1212 East Braker Lane Austin,Texas 78753 EXHIBIT "A" SALand Projects R216581docs1DI1 LARD.doc Page 1 of 1 Revised on 1"6-00 Revised on 01-17-01 Revised on 02-15-01 0 0 SKETCH TO ACCOMPANY FIELD NOTES: LEGEND: W.C.O.R.=YALLIAMSON COUNTY OFFICIAL RECORDS W.C.D.R.=WILUAMSON COUNTY DEED RECORDS W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS SCALE 1"=100' ( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R. • = IRON ROD FOUND REMAINDER OF ROBERT DILLARD = CALCULATED POINT 0 11� HUSSAIN MEHRABIAN 1390/799 LUCY GUERRERO 2386/208 W.C.D.R. Doc. No.9760377 H 11 W.C.O.R. W.C.O.R. H % (N19'07'54"W) z N19'05'32"Yd W) " 36 . (SOt'07 — 24.40' S88'37'12"E 808.02' S01'1736" e Wx2.919.53'N6' . c. (1243.14') ' ' " '32"W 799.52' (799.64') ---------_ POINT OF BEGINNING IN FIELD NOTES CO. Rd, 113 "Kiphen Road" m HUSSAIN MEHRABIAN — ---- 2336/22 ' W.C.D.R. N H d w NOTE: LEGAL DESCRIPTION: NO EASEMENT RESEARCH WAS PERFORMED DATE: SEPTEMBER 28. 2000 REMSED: JANUARY 17, 2001 A 0.391 ACRE TRACT OF LAND, SITUATED IN BY RJ SURVEYING INC. REMSED: FEBRUARY 15, 2001 z WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT No.173, AND p BEING A PART OF THAT CERTAIN TRACT OF LAND R CD E#IdNEERING CONVEYED TO ROBERT DILLARD IN VOLUME 1390, SURVEYING �N C. PLANNING N PAGE 799. OF THE DEED RECORDS OF WLLIAMSON SURVEYING r ; COUNTY. TEXAS. 0 1212 BRAKER LANE AUSTIN. TEXAS 78753 (512) 836-4793 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. 4. DEFENSE AND PROSECUTION OF ACTIONS:DUTY OF INSURED CLAIMANT The following terms when used in this policy mean TO COOPERATE. (a) "insured": the insured named in Schedule A, and, subject to any rights or (a) Upon written request by the insured and subject to the options contained in defenses the company would have had against the named insured,those who succeed Section 6 of these Conditions and Stipulations, the Company, at its own cost and to the interest of the named insured by operation of law as distinguished from purchase without unreasonable delay, shall provide for the defense of an insured in litigation in including, but not limited to, heirs, distributees, devisees, survivors, personal which any third party asserts a claim adverse to the title or interest as insured, but only representatives, next of kin, or corporate, partnership or fiduciary successors, and as to those stated causes of action alleging a defect, lien or encumbrance or other specifically,without limitation,the following: matter insured against by this policy. The Company shall have the right to select (i) the successors in interest to a corporation resulting from merger or counsel of its choice(subject to the right of the insured to object for reasonable cause) consolidation or the distribution of the assets of the corporation upon partial or complete to represent the insured as to those stated causes of action and shall not be liable for liquidation, and will not pay the fees of any other counsel.The company will not pay any fees,costs (ii) the partnership successors in interest to a general or limited or expenses incurred by the insured in the defense of those causes of action that allege partnership which dissolves but does not terminate, matters not insured against by this policy. (iii) the successors in interest to a general or limited partnership resulting (b) The Company shall have the right,at its own cost,to institute and prosecute from the distribution of the assets of the general or limited partnership upon partial or any action or proceeding or to do any other act that in its opinion may be necessary or complete liquidation; desirable to establish the title to the estate or interest, as insured, or to prevent or (iv) the successors in interest to a joint venture resulting from the reduce loss or damage to insured The Company may take any appropriate action distribution of the assets of the joint venture upon partial or complete liquidation; under the terms of this policy,whether or not it shall be liable hereunder,and shall not (v) the successor or substitute trustee(s)of a trustee named in a written thereby concede liability or waive any provision of this policy. If the Company shall trust instrument;or exercise its rights under this paragraph,it shall do diligently. (vi) the successors in interest to a trustee or trust resulting from the (c) Whenever the Company shall have brought an action or interposed a distribution of all or part of the assets of the trust to the beneficiaries thereof. defense as required or permitted by the provisions of this policy, the Company may (b) "insured claimant an insured claiming loss or damage. pursue any litigation to final determination by a court of competent jurisdiction and (c) "knowledge" or "known": actual knowledge, not constructive knowledge or expressly reserves the right,in its sole discretion,to appeal from any adverse judgment notice that may be imputed to an insured by reason of the public records as defined in or order. this policy or any other records which impart constructive notice of matters affecting the (d) In all cases where this policy permits or requires the Company to prosecute land. or provide for the defense of any action or proceeding,the insured shall secure to the (d) "land": the land described or referred to in Schedule A, and improvements Company the right to so prosecute or provide defense in the action or proceeding,and affixed thereto that by law constitute real property. The term"land"does not include any all appeals herein,and permit the Company to use,at its option,the name of the insured property beyond the lines of the area described or referred to in Schedule A, nor any for this purpose. Whenever requested by the Company,the insured,at the Company's right,title,interest,estate or easement in abutting streets,roads,avenues,alleys,lanes, expense, shall give the company all reasonable aid (i) in any action or proceeding, ways or waterways,but nothing herein shall modify or limit the extent to which a right of securing evidence, obtaining witnesses, prosecuting or defending the action or access to and from the land is insured by this policy. proceeding,or effecting settlement,and(ii)in any other lawful act that in the opinion of (e) "mortgage":mortgage,deed of trust,trust deed,or other security instrument. the Company may be necessary or desirable to establish the title to the estate or (f) "public records": records established under state statutes at Date of Policy interest as insured. If the Company is prejudiced by the failure of the insured to furnish for the purpose of imparting constructive notice of matters relating to real property to the required cooperation, the Company's obligations to the insured under the policy purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the shall terminate,including any liability or obligation to defend,prosecute,or continue any Exclusions From Coverage,"public records"also shall include environmental protection, litigation,with regard to the matter or matters requiring such cooperation. liens filed in the records of the clerk of the United States district court for the district in 5. PROOF OF LOSS OR DAMAGE. which the land is located. (g) "access": legal right of access to the land and not the physical condition of In addition to and after the notices required under Section 3 of these Conditions access. The coverage provided as to access does not assure the adequacy of access and Stipulations have been provided the Company, a proof of loss or damage signed for the use intended. and sworn to by the insured claimant shall be furnished to the Company within 91 days atter the insured shall ascertain the facts giving rise to the loss or damage. The proof of 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. loss or damage shall describe the defect in,or lien or encumbrance on the title,or other The coverage of this policy shall continue in force as of Date of Policy in favor of matter insured against by this policy that constitutes the basis of loss or damage and an insured only so long as the insured retains an estate or interest in the land,or holds shall state, to the extent possible, the basis of calculating the amount of the loss or an indebtedness secured by a purchase money mortgage given by a purchaser from the damage. If the Company is prejudiced by the failure of the insured claimant to provide insured, or only so long as the insured shall have liability by reason of covenants of the required proof of loss or damage, the Company's obligations to the insured under warranty made by the insured in any transfer or conveyance of the estate or interest. the policy shall terminate, including any liability or obligation to defend, prosecute, or This policy shall not continue in force in favor of any purchaser from the insured of either continue any litigation,with regard to the matter or matters requiring such proof of loss (i)an estate or interest in the land,or(ii)an indebtedness secured by a purchase money or damage. mortgage given to the insured. In addition, the insured claimant may reasonably be required to submit to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. examination under oath by any authorized representative of the Company and shall The insured shall notifythe Com promptlyin writinglitigation produce for examination,inspection and copying,at such reasonable times and places Company y ()in case of any Illi g as may be designated by any authorized representative of the Company, all records, as set forth in Section 4(a) below, or(ii) in case knowledge shall come to an insured books, ledgers, checks, correspondence and memoranda, whether bearing a date hereunder of any claim of title or interest that is adverse to the title to the estate or before or after Date of Policy,which reasonably pertain to the loss or damage.Further,if interest,as insured,and that might cause loss or damage for which the Company may requested by any authorized representative of the Company,the insured claimant shall be liable by virtue of this policy. If prompt notice shall not be given to the Company, grant its permission, in writing, for any authorized representative of the Company to then as to the insured all liability of the Company shall terminate with regard to the examine, inspect and copy all records, books, ledgers, checks, correspondence and matter or matters for which prompt notice is required;provided, however,that failure to memoranda in the custody or control of a third party, which reasonably pertain to the notify the Company shall in no case prejudice the rights of any insured under this policy loss or damage. All information designated as confidential by the insured claimant unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. Provided to the Company y pursuant to this Section shall not be disclosed to others When, atter the date of the policy, the insured notifies the Company as required unless,in the reasonable judgment of the Company,it is necessary in the administration f of the claim. Failure of the insured claimant to submit for examination under oath, herein of a lien, encumbrance, adverse claim the land insured by this policy that u not excluded or excepted from the r other defect in title to the estate or produce other reasonably requested information or grant permission to secure interest coverage of this policy,the Company shall promptly investigate the charge to determine 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. 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 time,of its 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF determination as to the validity or invalidity of the insured's claim or charge under the LIABILITY. policy. If the Company concludes that the lien,encumbrance,adverse claim or defect is In case of a claim under this policy, the Company shall have the following not covered by this policy,or was otherwise addressed in the closing of the transaction additional options: in connection with which this policy was issued,the Company shall specifically advise (a) To Pay or Tender Payment of the Amount of Insurance. the insured of the reasons for its determination. If the Company concludes that the lien, To pay or tender payment of the amount of insurance under this policy, encumbrance, adverse claim or defect is valid, the Company shall take one of the together with any costs,attorneys'fees and expenses incurred by the insured claimant, following actions:(i)institute the necessary proceedings to clear the lien,encumbrance, which were authorized by the Company,up to the time of payment or tender of payment adverse claim or defect from the title to the estate as insured, (ii)indemnify the insured and which the Company is obligated to pay. as provided in this policy, (iii) upon payment of appropriate premium and charges Upon the exercise by the Company of this option,all liability and obligations therefor,issue to the insured claimant or to a subsequent owner,mortgagee or holder of to the insured under this policy, other than to make the payment required, shall the estate or interest in the land insured by this policy,a policy of title insurance without terminate, including any liability or obligation to defend, prosecute, or continue any exception for the lien, encumbrance, adverse claim or defect, said policy to be in an litigation,and the policy shall be surrendered to the Company for cancellation. 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(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 claim or defect;or(vi)undertake a combination of(i)through(v) herein. continued on next page of cover sheet a ! I ISSUED BY OWNER'S POLICY OF TITLE INSURANCE Lawyers idejnsumnce Cp oratCAiCon ANYI SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,LAWYERS TITLE INSURANCE CORPORATION,a Virginia 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: IE 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; I 3' 3. Any statutory or constitutional mechanic's,contractor's,or materialmen's lien for labor or material having its inception on or before Date of Policy; k 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. } The Company also will pay the costs, attorneys'fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. It LAWYERS TITLE INSURANCE CORPORATION '``�•' •Co91r Ww'��/ Z Ir Attest: >% By: C� Secretary rirr�� 1 9 2 5 rte.' President ' �o EXCLUSIONS FROM COVERAGE E 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 Nexpenses which arise by reason of: E2 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, 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 land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date 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 defect,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 at Date of Policy, but not excluding from i coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. ii ( 1 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the 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 Date of Policy; j' (e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase,lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of unmarketability of the title. 5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of the operation of federal bankruptcy,state insolvency,or other state 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, (ii) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subordination or (iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the �I failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. n i ����rttnrmimnrPf'fTj�iu.il74LWP]LZnJ'_T l.�.. ,�L":;,i. _r^i ,"'�1 ,.i;:` .0, ...,. ';. _.- _ -' _ W'�rrr;i'-T�Tubi�tli�.rufui➢N�_ Texas Owner's Policy T-1 (Rev. 1-1-93) Cover Paae k FIELD NOTE DESCRIPTION FOR A 0.391 ACRE TRACT: BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY, TEXAS,AND BEING OUT OF AND A PART OF THE WILLIS DONAHO SURVEY, ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 38.00 ACRE TRACT, CONVEYED TO ROBERT DILLARD IN VOLUME 1390, PAGE 799, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a calculated point for the southwest corner of said 38.00 acre tract of land,the same being the southeast corner of a 6.57 acre tract of land conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the Official Records of Williamson County, Texas, said point being in the north right-of-way line of County Road No. 113, known locally as Kiphen Road, for the southwest corner and the POINT OF BEGINNING of the herein described tract; THENCE North 19005'32" West, a distance of 24.40 feet, with the west line of said 38.00 acre tract and the east line of said 6.57 acre tract, to a calculated point for the northwest corner of this tract; THENCE, departing the west line of said 38.00 acre tract, the east line of said 6.57 acre tract, South 88°37'12"East, a distance of 808.02 feet, crossing said 38.00 acre tract,to a calculated point in the east line of said 38.00 acre tract and the west line of a 5.436 acre tract conveyed to Lucy Guerrero and recorded in Document No. 9760377, of the Official Records of Williamson County, Texas, for the northeast comer of this tract; THENCE, South 01017'30" West, a distance of 19.53 feet, with the east line of said 38.00 acre tract and the west line of said 5.436 acre tract, to an iron rod found for the southeast corner of said 38.00 acre tract and the southwest comer of said 5.436 acre tract, said point being in the north right-of-way line of County Road No. 113, for the southeast - corner of this tract; THENCE, North 88051'32" West, a distance of 799.52 feet, with the north right-of-way line of County Road No. 113, and the south line of said 3 8.00 acre tract, to the POINT OF BEGINNING. Containing 0.391 acres of land, more or less. OF ............. .......�JONES RANDALL S, ......... .................. 1 • :;'* 4391 Pi Randall S. Jones Date "�9o'�ess o? O •••......... Registered Profession and Surveyor No. 4391 �Q S� �� State of Texas Date: September 28, 2000 RJ Surveying Inc. 1212 East Braker Lane Austin, Texas 78753 Shand Projects R216581docs\D1 LARD.doc Page 1 of 1 Revised on 10-06-00 Revised on 01-17-01 Revised on 02-15-01 EA-0 'A SKETCH TO ACCOMPANY FIELD NOTES: LEGEND: W.C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS SCALE 1"=100' ( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R. • = IRON ROD FOUND REMAINDER OF Q = CALCULATED POINT ROBERT DILLARD LUCY GUERRERO HUSSAIN MEHRABIAN 1390/799 Doc. No.9760377 2386/208 W.C.D.R. W.C.O.R. W.C.O.R. (N 19'07'54"W) N19'05'32"W 19.53' ( 7'30"W) � 24. 40 S88'3712 E 808.02 S01'1 — --__ J� 0.391 Ac. N88'51'32"WX1242.96' -- __________ ----- (N88'54'41"W) N88'51'32"W 799.52' (799.64') (1243.14') POINT OF BEGINNING IN FIELD NOTES CO. Rd. 113 "KI hen Road" - ----- --------------------------------------------------------------------------------- HUSSAIN MEHRABIAN , 2336/22 W.C.D.R. NOTE: DATE: SEPTEMBER 28, 2000 LEGAL DESCRIPTION: NO EASEMENT RESEARCH WAS PERFORMED REVISED: JANUARY 17, 2001 A 0.391 ACRE TRACT OF LAND, SITUATED IN BY RJ SURVEYING INC. REVISED: FEBRUARY 15, 2001 WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT No.173, AND RJ ENGINEERING BEING A PART OF THAT CERTAIN TRACT OF LAND PLANNING ,,CONVEYED TO ROBERT DILLARD IN VOLUME 1390, SURVEYING INC. SURVEYING PAGE 799, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. • 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793