R-01-06-28-12B3 - 6/28/2001 RESOLUTION NO. R-01-06-28-12B3
WHEREAS, the City desires to purchase a 0 . 082 acre tract of land
for right-of-way for the CR 113 Project, and
WHEREAS, Robby Kay Duffield, the owner of the property, has
agreed to sell said property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Real Estate Contract with Robby Kay Duffield, 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 28th day of Ju4ROB
-17
. STLUKA, JR. Mayor
City of Round Rock, Texas
AT
ST:
AA plu
VJ E LAND, City Secretary
0:\WPDOCS\RESOLUTI\R1062883.WPD/sc
REAL ESTATE CONTRACT
State of Texas
County of Williamson
THIS CONTRACT OF SALE ("Contract") is made by and between ROBBY KAY
DUFFIELD of 3010 Kiphen Road, Round Rock, Williamson County, Texas (referred
to in this Contract as "Seller") and the CITY OF ROUND ROCK, a Texas Home
Rule City of 221 E. Main St. Round Rock, Williamson County, Texas (referred
to in this Contract as "Purchaser") , upon the terms and conditions set forth
in this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser
purchases and agrees to pay for, that certain parcel of land containing
approximately 0 . 082 acres of land situated in Williamson County, Texas,
being more particularly described in Exhibit A, attached hereto and
incorporated herein; 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 Twelve
Thousand and no/100 Dollars ($12, 000.00)
Payment of Purchase Price
2 . 02 . The Purchase Price shall be paid in cash at the closing.
1
C:\Text\City\CR 113\Duffield Contract.wpd/sls
ARTICLE III
PURCHASER'S AND SELLER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3 . 01. The obligations of Purchaser hereunder to consummate the
transaction contemplated hereby are subject to the consent of Seller's
lender to release the Property from its lien and financing statement, and
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 twenty (20) days after the date hereof, Purchaser, at
Purchaser's sole cost and expense, shall have caused Austin Title
Company(the "Title Company") of 101 E. Old Settlers Blvd. , Suite 100, Round
Rock, Texas 78664, to issue a preliminary title report (the "Title
Commitment") . Purchaser shall give Seller written notice on or before the
expiration of ten (10) 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 may, but shall not be obligated, to eliminate or modify
all unacceptable matters to the reasonable satisfaction of Purchaser. In the
event Seller is unable, or unwilling 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.
ARTICLE IV
CLOSING
The closing shall be held at the Title Company on or before June 15,
2001, or at such time, date, and place as Seller and Purchaser may agree
upon (which date is herein referred to as the "closing date")
Seller's Obligations
4 . 01. At the closing Seller shall :
(a) Deliver to Purchaser a duly executed and acknowledged General
Warranty Deed conveying good and indefeasible title in fee simple to all of
2
C:\Text\City\CR 113\Duffield Contract.wpd/sls
the Property, free and clear of any and all liens, encumbrances, conditions,
easements, assessments, and restrictions, except for the following:
(i) General real estate taxes for the year of
closing and subsequent years not yet due and payable;
(ii) Any exceptions approved by Purchaser pursuant to
Article III hereof; and
(iii) Any exceptions approved by Purchaser in
writing.
(b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's
sole expense, issued by the 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) The aforesaid General Warranty Deed will include provisions that
it is being delivered in lieu of condemnation.
(d) As provided in paragraph 9 .01 below, Seller is delivering to
Purchaser possession of the Property as of the date of this
Contract .
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 relating to the Property and then due and payable, shall be
paid by Seller. Purchaser will bear the burden of paying any rollback taxes,
if any, resulting from a change of use of the Property.
3
C:\Text\City\CR 113\Duffield Contract.wpd/sls
Closing Costs
4 . 04 All costs and expenses of closing in consummating the sale
and purchase of the Property shall be borne and paid as follows :
Owner's Title Policy paid by Purchaser;
Filing fees for deed paid by Purchaser;
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
5 . 01 Seller will be solely responsible for all real estate
brokerage commissions due to any brokers representing the Seller.
ARTICLE VI
ESCROW DEPOSIT
6 . 01 For the purpose of securing the performance of Purchaser
under the terms and provisions of this Contract, Purchaser has delivered
to the Title Company, the sum of Five Hundred Dollars ($500. 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
7 . 01 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, or the failure of
any condition to Seller's obligations provided herein, Purchaser may, as its
sole and exclusive remedy, either: (1) enforce specific performance of this
Contract; or (2) request that the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser.
4
C:\Text\City\CR 113\Duffield Contract.wpd/sls
ARTICLE VIII
BREACH BY PURCHASER
8 . 01 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) bring suit for
specific performance, or (3) 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
SPECIAL PROVISIONS
Possession and Use Agreement
9. 01 . For the consideration to be paid by the City which is set forth
in Paragraph 2 . 01 above, Grantor hereby grants, bargains, sells and conveys
to the City exclusive immediate possession and use of the Property for the
purpose of constructing a roadway project and appurtenances thereto and the
right to remove any improvements. The foregoing grant will extend to the
City, its contractors, assigns and/or owners of any existing utilities on
the Property and those which may be lawfully permitted on the Property by
the City in the future. This grant will allow the construction,
relocation, replacement, repair, improvement, operation and maintenance of
these utilities on the Property, to begin immediately and prior to the
closing date. The purpose of this grant is to allow the City to proceed
with its construction project without delay.
ARTICLE X
MISCELLANEOUS
Assignment of Contract
10 . 01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless of the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
Corporation.
5
C:\Text\City\CR 113\Duffield Contract.wpd/sls
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 .
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.
6
C:\Text\City\CR 113\Duffield Contract.wpd/sls
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.
Effective Date
(k) This Contract shall be effective as of the date it is approved
by the City Council, which date is indicated beneath the Mayor's signature
below.
SEL R:
Robby Duff ld
r
Date: aZ 2001
PURCHASER:
CITY .O'F-'RO D ROCK, EXAS
By:
Ro t A. Stluka, Jr. , Mayor
221 E. Main Street
Round Rock, Texas 78664
Date:
7
C:\Text\City\CR 113\Duffield Contract.wpd/sls
i
FIELD NOTE DESCRIPTION FOR A 0.082 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS,AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING APART OF GREENSLOPE ADDITION AMENDED,LOT
IA,A SUBDMSION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET"D",
SLIDE 62, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING,at an iron rod found at a point in the north right-of-way line of County Road No.
113, known locally as Kiphen Road, for the southwest comer of said Lot IA, also being the
southeast corner of Lot 1, of said Greenslope Addition Amended and being the southwest corner
and the POINT OF BEGINNING of the herein described tract;
THENCE,with the west line of said Lot I and the east line of said Lot 1,North 06°58'39"West,
a distance of 16.59 feet,to a calculated point for the northwest corner of this tract;
THENCE,departing the west line of said Lot IA,the east line of said Lot 1,through said Lot IA,
South 88'37'12"East,a distance of 216.36 feet,to a calculated point in the east line of said Lot IA,
the same being the west right-of-way line of Fairview Drive,for the northeast comer of this tract;
THENCE,with the east line of said Lot I and the west right-of-way line of said Fairview Drive,
South 18°50'28"East,a distance of 17.76 feet,to an iron rod found at a point in the north right-of-
way line of County Road No. 113, for the southeast corner of said Lot IA, and for the southeast
corner of this tract;
THENCE, with the north right-of-way line of County Road No. 113,same being the south line of
said Lot 1 A,North 88033'10"West,a distance of 220.09 feet,to the POINT OF BEGINNING.
Containing 0.082 acres of land more or less.
R04JjV E 1(25)— 2-/2//o I
Randall S.Jones Date ,� OF
Registered Profession and Surveyor No.4391 ��'�o'�T•+�
State of Texas
Date: September 28,2000 RANOALL S JONES
< .�4391 ;j Q
RJ Surveying Inc. 9'1%:;Ess.° \O
1212 East Braker Lane SURA
Austin,Texas 78753
SM-and Projects R216581docs\GREENSL0PE1A.doc
Page I of 1
Revised on 10-06-00
Revised on 1-16-01
Revised on 2-14-01
4
I
4
r
i
SKETCH TO ACCOMPANY FIELD NOTES:
i Z
—0
Z L� \ LEGEND:
REMAINDER OF N 'n \ W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS
OCL(b LOT 1A GREENSLOPE
� ADDITION AMENDED o.S. — \ W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS
CABINET "D", SLIDE 62 o N�✓ \r ( ) RECORD PER VOL, 2336, PG, 22 W.C.D.R.
SCALE 1`=50' J r W.C.P.R. v� �a • = IRON ROD FOUND
Z—
Z & = CALCULATED POINT
LOT 1 GREENSLOPE \
W W1
ADDITION AMENDED -�
CABINET "D`, SLIDE 62 LOT 2 GREENSLOPE
W.C.P.R. \ ADDITION AMENDED
CABINET "D", SLIDE 62
S88-37'1 2-E 216.36' \ W.C.P.R.
16.59' 0.082 Ac. \
_ — — — — — — — — — N88'S3"W N88'33'10"W 220.09' 219.79' 17.76' _
— — — — — — 10 STRIP DEDICATED FOR STREET WIDENING, PER PLAT, CABINET "D"", SLIDE 62, W.C.P.R — — — — — — — —
- - - - - - - - - - - - - - - - - - - - - - - - - - - - PSA-T-�Ir�
POINT OF BEGINNING IN FIELD NOTES
Co. Rd. 113 "Kiphen Road"
A 0.082 ACRE TRACT OF LAND, SITUATED IN DATE: SEPTEMBER 28, 2000
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE REVISED: JANUARY 16, 2001
WILLIS DONAHO SURVEY, ABSTRACT No.173, AND
BEING A PART OF LOT 1A, GREENSLOPE ADDITION REVISED: FEBRUARY 14, 2001
AMENDED, RECORDED IN CABINET "D" SLIDE 62, OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. RJ ENGINEERING
SURVEYING INC. PLANNING
SURVEYING
S,\Land Projects R2\658\dwg\658rowBW.dwg 02/21/01 08,32121 AM CST 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793
DATE: June 22, 2001
SUBJECT: City Council Meeting—June 28, 2001
ITEM: *12.B.3. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with Robby Kay Duffield for right-of-way for the
CR 113 project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: This contract with Ms. Duffield 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: $12,000
Source of funds: Williamson County, Transportation System Development
Corporation, Developers
Outside Resources: Randall Jones Engineering, Sheets & Crossfield, P.C.
Impact: N/A
Benefit: Improved mobility on CR113 and new waterline.
Public Comment: Several meetings with affected property owners.
Sponsor: N/A
SPECIAL WARRANTY DEED
County Road 113 Right-of-Way
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
the proposed County Road 113 ("Project") ; and,
WHEREAS, the purchase of the hereinafter-described premises has been deemed
necessary or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, ROBBY KAY DUFFIELD, a single woman, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of Ten
Dollars ($ 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 . 082 acres of land, more or less, out of Lot lA of GREENSLOPE
ADDITION AMENDED, a subdivision in Williamson County, Texas,
according to the map or plat thereof recorded in Cabinet D, Slide
62, Plat Records, Williamson County, Texas, and being more
particularly described by metes and bounds in Exhibit "A" attached
hereto and made a part hereof.
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.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
00005322.WPD 1
r • l
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.
IN WITNESS WHEREOF, this instrument is executed on this the _ZZ day of
��ysT 2001 .
OBBY DU ELD
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the �, day
of 4126057- 2001 by ROBBY KAY DUFFIELD.
SUSAN PA17ERSON --
*: Nv'COM ISSICNEXPIRES Notary Public, State of Texas
E. F February+,200
PREPAJED IN----- ---- ,
Sheets & Crossfield, P. C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN- TO:
\t Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
00005322.WPD 2
06;29/2001 FRI 16:14 FAX BROWN McCARROOLLL SHEETS & 0009/010
�
C-X�1� ba- A
bA
FIELD NOTE DESCRIPTION FOR A 0.082 ACRE TRACT.
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WIILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GRELNSLOPE ADDITION AMENDED, LOT
1A,A SUBDIVISION ACCORDING TO TBE PLAT THEREOF RECORDED IN CABMT"D",
SLIDE 62, OF TIM PLAT RECORDS OF WILLIA&fSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right-ofway line of County Road No,
1I3, known locally as Kiphen Road. for the southwest corner of said Lot 1-4, also being the
southeast corner of Lot 1, of said Greenslope Addition Amended and being the southwest corner
and the POINT OF BEGEVNING of the herein described tract;
THENCE,with the west line of said Lot lA and the east line of said Lot 1,North 06558'39"West,
a.distance of 16.59 feet,to a caleWated point for the northwest corner of this tract;
THENCE, departing the west lice of said Lot 1A, the east line of said Lot 1,through said Lot 1A,
South 88°37'12"East,a distance of 216,36 feet,to a calculated point in the east line of said Lot 1A,
the same being the west right-of--way line of Fairview Drive,for the northeast corner of this tract;
THENCE, with the east line of said Lot IA and the west right-of--way line of said Fairview Drive,
South 18050'28"East, a distance of 17.76 feet, to an iron rod found at a point in the north Might-of-
way line of County Road No. 113, for the southeast corner of said Lot IA, and for the southeast
comer of this tract;
THENCE, with the north right-0f--way line of County Road No. 113,mue being the south line of
said Lot 1 A,North 88°33'l 0"West, a distance of 220.09 feet,to the POINT OF BEGINNING.
Containing 0.082 acres of Land more or less.
R—Q2�� E L, v.2'&
Randall S. Jones Date OF
Registered Professioi d Surveyor No. 4391 ,4r 6%%T -9
State of Texas �e N
Date; September 28, 2000 KANDAL.L S.JONES �.._
4g 4391
RJ Surveying Inc.
1212 East Braker Lane SUPty
Austin, 'Texas 78753
SKETCH TO ACCOMPANY FIELD NOTES: fla
N
o
o LEGEND: F-
LA REMAINDER OF ,' 'r1 1 W.C.D.R.=WLLIAMSON COUNTY DEED RECORDS + ql
DR.to LOT 1A GREENSLOPE m tP,
-V ADDITION AMENDED W.C.P.R.=VALLIAMSON COUNTY PLAT RECORDS
CABINET "D", SILIDE 62 RECORD PER VOL. 2336, PG. 22 W.C.D.R. co
r
SCALE 1•-So' W.C.P.R. t • = IRON ROD FOUND
t3ren G A = CALCULATED POINT
Cm 2
LOT i GREENSLOPE
ADDITION AMENDED
CABINET W. SLIDE 62
o.✓ LOT 2 GREENSLOPE
W.C.P.R.
ADDITION AMENDED qy
G CABINET "D", SLIDE 62 0
S88'37'12"E 215.36' z
16.59, W.C.P.R.
0.082 Ac. '
— ~———— ———— N8853'-," NeB'33'74"W �7.78' c1
— ~ 220.09' 219.79'
~~ —— — _ 10' STRIP DEDICATED FOR STRJ ET YADJ kING^PER PLAT —�— — —— — �
—CABINET "D;, 5L1D 62, W.C.P-R. ———— — ~——— —
CD
POINT OF BEGINNING JN FIELD NOTES r
r
Co. Rd. 113 "Kiphen Road"
--- - - -- ---- - -- ----- --_- - --- ------ ----- -
A 0.062 ACRE TRACT'0= LAND, SITUATED IN DATE: SEPTEMBER 29, 2000
INILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE
WILLIS DONAHO SURVEY, ABSTRACT No.173, AND RASED: JANUARY 16, 2001
BEING A PART OF LOT 1A, GREENSLOPE ADDFTION REVISED: FEBRUARY 14, 2001
AMENDED. RECORDED IN CABINET "D" SLIDE B2, OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. RJ QIGIFIMNC
SURVEYING INC. PUWMNG
SIR VEMO
•Sa\Land Projects R2\558\dwp\G59ravDWda8 02/21/01 09,32421 AM CS7 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793
RECORDERS MEMORANDUM
All.,n"of the text on this page was not
0
clearly legible for satisfactory recordation.
4
ISSUED BY OWNER'S POLICY OF TITLE INSURANCE
I1
taw yers itlejnsurance Corporation
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 i%
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
E 2. Any defect in or lien or encumbrance on the title;
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;
4. Lack of a right of access to and from the land;
5. Lack of good and indefeasible title.
Ef
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.
LAWYERS TITLE INSURANCE CORPORATION
�NSUHApC`��1
Eco��4
Attest: IN �j a Z •s B
�' •� U Ll L �,i y:
( Secretary President
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 which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to
(i) the occupancy, use, 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
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.
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 U
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;
(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.
;1
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.
N
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 r!
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
failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
10L
ttam_m;tcmmm^r mmrmmmnrim r^mrrm�mm�mm�rmnmmmmmrrm^mmmmmtmn°mn.rn^.r - --- --- - — `Vi
,...,w.�.�,._......Tam =1.
�-_?,...u. .,LL;L ,... _. n �, �..:.?�'.7r'^L..,r
Texas Owner's Policy T-1 (Rev. 1-1-93)
Cover Page
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 PROOF OF LOSS OR DAMAGE.5.
which the land is located. I
(g) "access": legal right of access to the land and not the physical condition of n 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
after 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 notify the Company inCLproduce for examination,inspection and copying,at such reasonable times and places
y p y prptl y writing i()in case of any litigation 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 confidentiai by the insured claimant
unless the Company shall be prejudiced by the failure and then only to the extent of the provided to the Company pursuant to this Section shall not be disclosed to others
prejudice. unless,in the reasonable judgment of the Company,it is necessary in the administration
When,after the date of the policy, the insured notifies the Company as required of the claim. Failure of the insured claimant to submit for examination under oath,
herein of a lien, encumbrance, adverse claim or other defect in title to the estate or produce other reasonably requested information or grant permission to secure
interest in the land insured by this policy that is not excluded or excepted from the reasonably necessary information from third parties as required in this paragraph shall
coverage of this policy,the Company shall promptly investigate the charge to determine 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
0221497 L 491 $*****12,000.00 $****285.00 1000
LAWYERS TITLE INSURANCE CORPORATION
---------------------
OWNER POLICY OF
TITLE INSURANCE
---------------------
CASE NUMBER DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
2001 RR 221497-U (215) /CU 8/23/2001 $*****12,000.00 0221497
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:
BEING 0.082 ACRES OF LAND, MORE OR LESS, OUT OF LOT lA OF GREENSLOPE
ADDITION AMENDED A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS ACCORDING TO
THE MAP OR PLAT 'THEREOF RECORDED IN CABINET D SLIDE 62 PLAT RECORDS
WILLIAMSON
DS INUEXH'2BIT"A(' ATTACHEDBEING
HERETOPANDiMADER MSCRIBED BY
METES
AUSTIN TITLE COMPANY
Countersigned By:
Aut izCountersignature
Texas Owner's Policy T-1 (Rev. 1-1-93) Valid Only If Schedule B
Schedule A And Cover Page Are Attached
E�xhtbu- 1 -
FIELD NOTE DESCRIPTION FOR A 0.082 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION AMENDED, LOT
IA, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET`D",
SLIDE 62, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right-of-way line of County Road No.
113, known locally as Kiphen Road, for the southwest comer of said Lot IA, also being the
southeast comer of Lot 1, of said Greenslope Addition Amended and being the southwest corner
and the POINT OF BEGINNING of the herein described tract;
THENCE ,with the west line of said Lot IA and the east line of said Lot 1,North 06°58'39"West,
a distance of 16.59 feet,to a calculated point for the northwest corner of this tract;
THENCE, departing the west line of said Lot IA, the east line of said Lot 1, through said Lot IA,
South 88°37'12"East, a distance of 216.36 feet, to a calculated point in the east line of said Lot IA,
the same being the west right-of-way line of Fairview Drive, for the northeast comer of this tract;
THENCE, with the east line of said Lot IA and the west right-of-way line of said Fairview Drive
South I r50'28"East, a distance of 17.76 feet, to an iron rod found at a point in the north right-of-
way line of County Road No. 113, for the southeast corner of said Lot IA, and for the.southeast
corner of this tract;
THENCE, with the north right-of-way line of County Road No. 113,same being the south line of
said Lot IA, North 88°33'10"West, a distance of 220.09 feet,to the POINT OF BEGINNING.
Containing 0.082 acres of land more or less.
Randall S. Jones Date OF
Registered Profession and Surveyor No. 4391 0�
State of Texas �`` '* ♦� N
Date: September 28,2000 _RANDAII S.JONES
< 391 1-f
RJ Surveying Inc. 9,j;�o�E �o?e�O
1212 East Braker Lane sufN�
Austin, Texas 78753
i
SKETCH TO ACCOMPANY FIELD NOTES:
Z
0 6 amm—
N LEGEND:
CA o? REMAINDER W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS
to LOT 1A GREENCp Co. \ W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS
L:
ADDITION AMEoCABINET "D", SU ��i \VC ( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
SCALE t`-50' � C W.C.P.R. � • = iRON ROD FOUND
m (n� y = CALCULATED POINT
LOT 1 GREENSLOPE cy^ �+�, �6-ADDITION AMENDED -'CABINET "D`, SLIDE 62 0-�- LOT 2 GREENSLOPE
W.C.P.R. ✓ � ADDITION AMENDED
CABINET "D", SLIDE 62
S88'37'12"E W.C.P.R.
16.59' 0.08- N88'53"W N88'33'10'W17.76'- - - - - - - _ - 10' STRIP DEDICATED FOR Et!Wq, F ER PLAT, CABINET "D"", SLIDE 62, W.C.P.R. -
POINT OF BEGINNING IN FIELD NOTES
Co. Rd. 113 "Kiphen Road"
A 0.082 ACRE TRACT'OF LAND, SITUATED IN DATE: SEPTEMBER 28, 2000
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE
WILLIS DONAHO SURVEY, ABSTRACT No.173, AND REVISED: JANUARY 16, 2001
BEING A PART OF LOT 1A, GREENSLOPE ADDITION REVISED: FEBRUARY 14, 2001
AMENDED, RECORDED IN CABINET "D" SLIDE 62, OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. RJ
ENGINEERING
SURVEYING INC. PLANNING
SURV"NG
S,\Land Projects R2\658\dwg\658rowBV.dwg 02/21/01 08,32,21 AM CST 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793
LAWYERS TITLE INSURANCE CORPORATION
---------------------
OWNER POLICY OF
TITLE INSURANCE
---------------------
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2001 RR 221497-U (215) /CU 8/23/2001 0221497
SCHEDULE B
This policy does not insure against loss or damage (and the Com any will
not pay costs, attorney's fees or expenses] that arise by reason of he 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) :
CABINET D, SLIDE 62, PLAT RECORDS, WILLIAMSON COUNTY, TEXAS.
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
b. terennial rivers and streams lakes, bays, gulfs or oceans, or
o 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 followingg matters and all terms of the documents creating or offering
evidence of he matters (We must insert matters or delete this exception. ) :
RIGHTS OF PARTIES IN POSSESSION.
7. A 4 INCH GAS LINE TRAVERSES THE WEST PORTION OF TRACT AS SHOWN ON PLAT.
8. A 15 FOOT LONE STAR GAS CO. EASEMENT TRAVERSES THE WEST PORTION OF TRACT
AS SHOWN ON PLAT.
9. A 25 FOOT LONE STAR GAS CO. EASEMENT TRAVERSES THE WEST PORTION OF TRACT
AS SHOWN ON PLAT.
10. AN 8 INCH GAS LINE TRAVERSES THE WEST PORTION OF TRACT AS SHOWN ON PLAT.
( 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 221497-U (215) /CU 8/23/2001 0221497
SCHEDULE B
11. A 20 FOOT DRAINAGE EASEMENT TRAVERSES THE WEST PORTION OF TRACT AS SHOWN
ON PLAT.
12. AN EASEMENT DATED NOVEMBER 10 1980, GRANTED TO TEXAS POWER AND LIGHT
COMPANY BY DAVID T. BOLIN, RE60RDED IN VOLUME 829, PAGE 824 DEED RECORDS,
WILLIAMSON COUNTY TEXAS. (EASEMENT FOR ELECTRIC DISTRIBUTION LINE AND
TELEPHONE LINE, T6GETHER WITH ALL RIGHTS RECITED THEREIN)
Texas Owner's Policy T-1 (Rev. 1-1-93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
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
provided for under this policy, together with any costs, attorneys' fees and expenses 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
incurred by the insured claimant,which were authorized by the Company up to the time (a) The Company's Right of Subrogation.
of payment and which the Company is obligated to pay. Whenever the Company shall have settled and paid a claim under this policy, all
Upon the exercise by the Company of either of the options provided for in right of subrogation shall vest in the Company unaffected by any act of the insured
paragraphs (b)(i)or(ii), the Company's obligations to the insured under this policy for claimant.
the claimed loss or damage, other than the payments required to be made, shall The Company shall be subrogated to and be entitled to all rights and remedies
terminate, including any liability or obligation to defend, prosecute or continue any that the insured claimant would have had against any person or property in respect to
litigation. 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
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 tinder 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
loss,the Company shall only pay the loss pro rata in the proportion that the amount of 14. ARBITRATION.
insurance at Date of Policy bears to the total value of the insured estate or interest at Unless prohibited by applicable law or unless this arbitration section is deleted
by
Date of Policy,or specific provision in Schedule B of this policy, either the company or the insured may
(ii) where a subsequent improvement has been made, as to any partial demand arbitration pursuant to the Title Insurance Arbitration Rules or the American
loss,the Company shall only pay the loss pro rata in the proportion that 120 percent of Arbitration Association. Arbitrable matters may include, but are not limited to, any
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
Insurance stated in Schedule A and the amount expended for the improvement this policy,any service of 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 is S1,000,000 or less SHALL BE arbitrated at the request of 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
(c) The Company will pay only those costs, attorneys' fees and expenses matters when the Amount of Insurance is in excess of$1,000,000 shall be arbitrated
incurred in accordance with Section 4 of 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 if 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) If 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.
(c) The Company shall not be liable for loss or damage to any insured for 16. SEVERABILITY.
liability voluntarily assumed by the insured in settling any claim or suit without the prior In the event any provision of the policy is held invalid or unenforceable under
written consent of the Company applicable law, the policy shall be deemed not to include that provision, and all other
10. REDUCTION OF INSURANCE:REDUCTION OR TERMINATION OF LIABILITY. provisions shall remain in full force and effect.
All payments under this policy, except payments made for costs, attorneys' fees 17. NOTICES,WHERE SENT.
and expenses,shall reduce the amount of the insurance pro tanto. 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
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
which exception is taken in Schedule B or to which the insured has agreed,assumed,or COMPLAINT NOTICE.
taken subject,or which is hereafter executed by an insured and which is a charge or lien Should any dispute arise about your premium or about a claim that you have
on the estate or interest described or referred to in Schedule A,and the amount so paid filed, contact the agent or write to the Company that issued the policy. If the
shall be deemed a payment under this policy to the insured owner. 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.
B 1178-22 CONTROL NUMBER B 1 1 - 0 0 1 1 1
I �{
j'
i'
�i
�' t{
I
F'' r
a�
La4,wyers ite
, nsura ceo ration A WORD OF THANKS .....
As we make your policy a part of our permanent
records,we want to express our appreciation of
f I ;;' this evidence of your faith in Lawyers Title
Insurance Corporation.
There is no recurring premium.
TEXAS OWNER
k'
POLICY OF This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readilyavailable for future reference.
TITLE INSURANCE
If you have any questions about the protection
j provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
F
ta4tu)yers ltle
T
nsurance ■■o�•<1rPoration
� 7557 Rambler Road, Suite 1200
f Dallas,Texas 75231
ki ISSUED By TOLL FREE NUMBER: 1-800-442-7067
€j
jawyerslidejnsurance @poration
1, I
f i
Ij. HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235-5153
ii
- -- --- 1 j l�_ -
FIELD NOTE DESCRIPTION FOR A 0.082 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF GREENSLOPE ADDITION AMENDED, LOT
IA, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET `D",
SLIDE 62, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at a point in the north right-of-way line of County Road No.
113, known locally as Kiphen Road, for the southwest comer of said Lot IA, also being the
southeast corner of Lot 1, of said Greenslope Addition Amended and being the southwest comer
and the POINT OF BEGINNING of the herein described tract;
THENCE , with the west line of said Lot IA and the east line of said Lot 1,North 06058'39"West,
a distance of 16.59 feet,to a calculated point for the northwest corner of this tract;
THENCE, departing the west line of said Lot IA, the east line of said Lot 1, through said Lot IA,
South 88037'12"East, a distance of 216.36 feet, to a calculated point in the east line of said Lot IA,
the same being the west right-of-way line of Fairview Drive, for the northeast comer of this tract;
THENCE, with the east line of said Lot I and the west right-of-way line of said Fairview Drive,
South 18°50'28"East, a distance of 17.76 feet, to an iron rod found at a point in the north right-of-
way line of County Road No. 113, for the southeast comer of said Lot l A, and for the southeast
corner of this tract;
THENCE, with the north right-of-way line of County Road No. 113,same being the south line of
said Lot 1 A,North 88°33'10"West, a distance of 220.09 feet,to the POINT OF BEGINNING.
Containing 0.082 acres of land more or less.
R0 4jiv S --a- ?-/ 2//01
Randall S. Jones Date
Registered Profession and Surveyor No. 4391 4,%0rR't0-�
State of Texas .N».�...N*N...»...°.N
Date: September 28,2000 RANDALL S.JONES.
.f:90 4391
9�'OFSURJ��
R7 SurveyingInc.
1212 East Braker Lane
Austin, Texas 78753
Shand Projects R216581docs\GREENSL0PE1A.doc
Page 1 of 1
Revised on 10-06-00
Revised on 1-16-01
Revised on 2-14-01
SKETCH TO ACCOMPANY FIELD NOTES:
� Z
Z LEGEND:
REMAINDER OF n 'n W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS
U' W LOT 1A GREENSLOPE Cp.OILco � W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS
� ADDITION AMENDED o_�
r -D", RECORD PER VOL. 2336, PG. 22 W.C.D.R.
v CABINET SLIDE 62 'a �' ✓ r
r �'_ \\ • _ IRON ROD FOUND
SCALE 1`=50' r_ W.C.P.R. 7�+ �` �_ 0 _ CALCULATED POINT
Z r
C j �' 2 \rn
LOT 1 GREENSLOPE �' '��-�
ADDITION AMENDED �v` �_ Q � LOT 2 GREENSLOPE
CABINET D„, SLIDE 62 0.
W.C.P.R. ADDITION AMENDED
CABINET D��, SLIDE 62
S88'37'12"E 216.36' W.C.P.R.
16.59' 0.082 Ac. ,
— — — — — — — — — — N88'53"W N88'33'10"W 220.09'(219.79 ) 17.76
- -1-- - - - - - - - - - - - - - - -
- 10' STRIP DEDICATED FOR STREET WIDENING,PER PLAT, CABINET "D", SLIDE 62, W.C.P.R. — —
- - - - - - - - - - - - - - - - - - - - - - - - - -PLAT-LIN1` - - - - -
POINT OF BEGINNING IN FIELD NOTES
Co. Rd . 113 "Kiphen Road "
A 0.082 ACRE TRACT 'OF LAND, SITUATED IN DATE: SEPTEMBER 28, 2000
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE REVISED: JANUARY 16, 2001
WILLIS DONAHO SURVEY, ABSTRACT No.173, AND REVISED: FEBRUARY 14, 2001
BEING A PART OF LOT 1A, GREENSLOPE ADDITION
AMENDED, RECORDED IN CABINET "D" SLIDE 62, OF
THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. RJ ENGINEEMNG
SURVEYING INC SURVE IG
SURVEYING
, TEXAS 78753 512 8
Sl\Land Projects R2\658\dwg\658rowBW.dwg 02/21/01 08,32121 AM CST
1212 BRAKER LANE AUSTIN ) 36-4793
i