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R-01-08-09-13D2 - 8/9/2001 RESOLUTION NO. R-01-08-09-13D2 WHEREAS, the City desires to purchase a tract of land containing 0 . 108 acres and 0 . 394 acres for additional right-of-way for the Chisholm Trail Drive Project, and WHEREAS, Hoppe Properties, Ltd. , 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 Hoppe Properties, Ltd. , for the purchase of the above described property, a copy of said Real Estate Contract being attached hereto and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act . RESOLVED this 9th day of Augu 01 . R T A. STLUKA, jV , Mayor City of Round Rock, Texas AAq%- W(A.-- JJ4NE LAND, City Secretary ::ODhw\WORLDOX\O:\WDOX\RESOLUTI\00008631.WPD/sc REAL ESTATE CONTRACT State of Texas )( )( County of Williamson )( THIS CONTRACT OF SALE ("Contract") is made by and between HOPPE PROPERTIES, LTD.,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 0.108 and 0.394 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; provided,however, that this conveyance shall not affect the rights of access, if any,that Seller has from its remaining property to adjacent streets, alleys or rights-of-way, and all such rights, if any, shall continue after this conveyance. ARTICLE II PURCHASE PRICE Amount of Purchase Price 2.01. The purchase price for the Property shall be the sum of Sixty-eight Thousand, Nine Hundred and No/100 Dollars ($68,900.00). Payment of Purchase Price 2.02. The Purchase Price shall be paid in cash at the closing. 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 \\RICHARD\C\CLIENTS\HOPPE PROPERTIES\RE CONTRACT - ROUND ROCK -3.D0f/sls 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. #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 August 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 Special Warranty Deed conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: (i) General real estate taxes for the year of closing and subsequent years not yet due and payable; (ii) Any exceptions approved by Purchaser pursuant to Article III hereof, and (iii) Any exceptions approved by Purchaser in writing. (b) Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by 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. \\RICHARD\C\CLIENTS\HOPPE PROPERTIES\RE CONTRACT - ROUND ROCK -3.DYSIS (c) The aforesaid Special 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. 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 \\RICHARD\C\CLIENTS\HOPPE PROPERTIES\RE CONTRACT - ROUND ROCK -3.D(�/S15 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. 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. \\RICHARD\C\CLIENTS\HOPPE PROPERTIES\RE CONTRACT - ROUND ROCK -3.Do /S1S 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. 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. \\RICHARD\C\CLIENTS\HOPPE PROPERTIES\RE CONTRACT - ROUND ROCK -3.D(t/519 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. Driveway Approach Construction (j) Purchaser agrees that it will construct a driveway approach on the right-of-way of Chisholm Trail adjacent to Seller's remaining property and immediately across the intersection of Chisholm Trail and Wolle Lane as shown on Exhibit A. Seller agrees that this driveway approach will be used to access Seller's remaining property in place of the existing driveway which will be closed. Memorandum of Contract (k) Upon request of either party,both parties shall promptly execute a memorandum of this Contract suitable for filing of record. Effective Date (1) 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. SELLER: Dated: '2001 Marianne Hoppe Wood, GENEK4 PARTNER HOPPE PROPERTIES, LTD. PURCHASER: CITY UND RO K, TEXAS Dated: 8— q , 2001 By: , ert A. Stluka, Jr., Nkyor 221 E. Main Street Round Rock, Texas 78664 \\RICHARD\C\CLIENTS\HOPPE PROPERTIES\RE CONTRACT - ROUND ROCK -3.Df/S15 CONSENT OF GLENNA MOLANDER I, GLENNA MOLANDER, have read the foregoing Real Estate contract between Hoppe Properties, Ltd., Seller, and City of Round Rock, Buyer, and have had the opportunity, if I so desired, to have it reviewed by an attorney of my choice. I understand that under the terms of the Family Settlement Agreement entered in Cause No. 98-2613, entitled Edgar E. Hoppe, Jr. v. Marianne H. Wood., in the District Court of Travis County, Texas, 261" Judicial District, I have a right to object to said Real Estate Contract within ten days of its receipt by me. However, by my signature hereto, I approve the sale of the Property described in the attached contract to the City of Round Rock, for the sales price of sixty- eight thousand nine hundred dollars ($68,900.00) and approve such Contract in its entirety. Furthermore, I waive all rights that I have to object to said Real Estate Contract under the terms of the Family Settlement Agreement entered in Cause No. 98-2613, entitled Edgar E. Hoppe, Jr. vs. Marianne H. Wood, in the District Court of Travis County, Texas, 26151 Judicial District. Date GLENNA MOLANDER CONSENT OF CAROLYN TUTTLE I, CAROLYN TUTTLE, have read the foregoing Real Estate contract between Hoppe Properties, Ltd., Seller, and City of Round Rock, Buyer, and have had the opportunity, if I so desired, to have it reviewed by an attorney of my choice. I understand that under the terms of the Family Settlement Agreement entered in Cause No. 98-2613, entitled Edgar E. Hoppe, Jr. v. Marianne H. Wood, in the District Court of Travis County, Texas, 261st Judicial District, I have a right to object to said Real Estate Contract within ten days of its receipt by me. However, by my signature hereto, I approve the sale of the Property described in the attached contract to the City of Round Rock, for the sales price of sixty- eight thousand nine hundred dollars ($68,900.00) and approve such Contract in its entirety. Furthermore, I waive all rights that I have to object to said Real Estate Contract under the terms of the Family Settlement Agreement entered in Cause No. 98-2613, entitled Edgar E. Hoppe, Jr. vs. Marianne H. Wood in the District Court of Travis County, Texas, 261st Judicial District. ate 4, ;AR YN TUTTL CONSENT OF EDGAR E . HOPPE, JR . I , EDGAR E . HOPPE , JR . , have read the foregoing Real Estate Contract between Hoppe Properties , Ltd. , Seller , and City of Round Rock, Buyer, and have had the opportunity, if I so desired, to have it reviewed by an attorney of my choice . I understand that under the terms of the Family Settlement Agreement entered in Cause No . 98-2613 , entitled Edgar E . Hoppe , Jr . , v. Marianne H. Wood, in the District Court of Travis County, Texas , 261st Judicial District , I have a right to object to said Real Estate Contract within ten days of its receipt by me . However, by my signature hereto , I approve the sale of the Property described in the attached contract to the City of Round Rock, for the sales price of sixty-eight thousand nine hundred ( $68 , 900 . 00) and approve such Contract in its entirety. Furthermore , I waive all rights that I have to object to said Real Estate Contract under the terms of the Family Settlement Agreement entered in Cause No . 98-2613 , entitled Edgar E . Hoppe , Jr . , vs . Marianne H. Wood , in the District Court of Travis County, Texas, 261st Judicial District . Date E AR E . HO E , JR . CONSENT OF LEONARD HOPPE I, LEONARD HOPPE, have read the foregoing Real Estate contract between Hoppe Properties, Ltd., Seller, and City of Round Rock, Buyer, and have had the opportunity, if I so desired, to have it reviewed by an attorney of my choice. I understand that under the terms of the Family Settlement Agreement entered in Cause No. 98-2613, entitled Edgar E. Hoppe, Jr. v. Mariamle H. Wood., in the District Court of Travis County, Texas, 261" Judicial District, I have a right to object to said Real Estate Contract within ten days of its receipt by me. However, by my signature hereto, I approve the sale of the Property described in the attached contract to the City of Round Rock, for the sales price of sixty- eight thousand nine hundred dollars ($68,900.00) and approve such Contract in its entirety. Furthermore, I waive all rights that I have to object to said Real Estate Contract under the terms of the Family Settlement Agreement entered in Cause No. 98-2613, entitled Edgar E. Hoppe, Jr. vs. Marianne H. Wood in the District Court of Travis County, Texas, 261"Judicial District. Date LEONARD HO P CONSENT OF MARIANNE H. WOOD I , Marianne H. Wood, have read the foregoing Real Estate contract between Hoppe Properties , Ltd. , Seller, and City of Round Rock, Buyer, and have had the opportunity, if I so desired, to have it reviewed by an attorney of my choice . I understand that under the terms of the Family Settlement Agreement entered in Cause No . 98-2613 , entitled Edgar E . Hoppe , Jr. , v. Marianne H. Wood, in the District Court of Travis County, Texas , 261st Judicial District , I have a right to object to said Real Estate Contract within ten days of its receipt by me . However, by my signature hereto, I approve the sale of the Property described in the attached contract to the City of Round Rock, for the sales price of sixty-eight thousand nine hundred dollars ( $68 , 900.00) and approve such Contract in its entirety. Furthermore , I waive all rights that I have to object to said Real Estate Contract under the terms of the Family Settlement Agreement entered in Cause No . 98-2613 , entitled Edgar E . Hoppe , Jr . , vs . Marianne H. Wood, in the District Court of Travis County, Texas , 261st Judicial District . 01 /51_1�� AL4 Date Marianne H. Wood 0.108 Acre Tract Hoppe Properties Page 1 of 2 EXHIBIT A Page 1 DESCRIPTION FOR A 0.108 ACRE (4,696 SQUARE FOOT) TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, SAID 0.108 ACRE TRACT BEING A PORTION OF A TRACT DESCRIBED AS THE "THIRD TRACT" IN VOLUME 1241, PAGE 704 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.108 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a '/2" iron rod found on an angle point on the easterly line of said "Third Tract", same being the westerly right-of-way line of Chisholm Trail Drive (right-of-way width varies), also known as County Road No. 173, same being the most northerly corner of a 83.17 acre tract of land described as "Tract II" in Volume 1322, Page 207 of the Official Records of said County, same being the southeasterly corner and POINT OF BEGINNING hereof, from which an iron pipe found on an angle point on the easterly line of said 83.17 Acre Tract, same being the said westerly right-of-way line of Chisholm Trail Drive bears, S 18° 17' 59"E for a distance of 0.68 feet; THENCE with the southerly line of said "Third Tract", same being the northerly line of said 83.17 Acre Tract, S 70° 39' 46" W for a distance of 18.97 feet to a '/z" capped iron rod set on the southwesterly corner hereof, from which a '/2" iron rod found on an angle point on the said northerly line of the 83.17 Acre Tract, bears S 70° 39' 46" W for a distance of 597.59 feet, S 70° 54' 57"W for a distance of 621.10 feet; THENCE through the interior of said "Third Tract", the following two (2) courses and distances: 1) N 00° 24' 57" W for a distance of 151.75 feet to a %Z" capped iron rod set on an angle point hereof, 2) N 50° 34' 12" W for a distance of 61.42 feet to a '/2" capped iron rod set on the curving southerly right-of-way line of F. M. 3406 (120 foot right-of-way width), same being the northwesterly corner hereof, from which a type II concrete monument 0.108 Acre Tract Hoppe Properties Page 2 of 2 EXHIBIT A Page 2 found on the said curving southerly right-of-way line of F.M. 3406 to the left having a radius of 1213.24 feet, a central angle of 10° 32' 40", an arc length of 223.28 feet, and a chord which bears S 74° 00' 13"W for a distance of 222.96 feet; THENCE with the said curving southerly right-of-way line of F.M. 3406, with the arc of a curve to the right,having a radius of 1213.24 feet, a central angle of 03° 08' 05", an arc length of 66.38 feet, and a chord which bears N 80° 50' 36" E for a distance of 66.37 feet to the intersecting point of the said southerly right-of-way line of F.M. 3406 and the said westerly right-of-way line of Chisholm Trail Drive, same being the easterly line of said "Third Tract", same being the northeasterly corner hereof, THENCE with the said easterly line of said "Third Tract", same being the said westerly right-of-way line of Chisholm Trail Drive, S 00° 16' 10" E for a distance of 195.04 feet to the POINT OF BEGINNING hereof and containing 0.108 acre of land. Surveyed under the direct supervision of the sMne ........................ DONALD I KifY-;' Donald J. Kirby 9 #2508 ate Registered Professional Land Surveyor No. °FEss,00 Baker Aicklen& Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 Job No.:601-759-21 File Name: W:\PROJECTS\ChisTr\Doc\Hoppe2.doc SKETCH TO ACCOMPANY DESCRIPTION NUMBER RADIUS DELTA ARC CHORD BEARING CHORD CI 1213.24' 03008'05" 66.38' N 80050'36"E 66.37' C2 1213.24' 10032'40" 223.28' S 74000'13" W 1222.96' SCALE: I"= 60' NUMBER DIRECTION DISTANCE e 1/2" IRON ROD FOUND F'. M. 3446 LI S 70°3946" W 18.97' O CAPPED 1/2" IRON ROD SET (120' Raw) L2 S 18017'59"E 0.68' TYPE 11 CONCRETE MONUMENT O IRON PIPE FOUND BEARING BASIS: TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARN Ca 2 C 2 s�0 91.53' e SUBJECT TRACT o 0 0.108 ACRE o - N m A HOPPE PROPERTIES VOL. 1241, PG. 704 - p (THIRD TRACT) POINT OF REMNANT 2.27 AC. `Y = BEGINNING ^l ?n .. W 039A611 , 89.13' C .,... 1 ' v S-10 59T 59 Oe 5A,5?„ W/ n S T 62�l/ � O O 633 17 AC .9 a EXHIBIT A �� Page 3 ® Baker-Alcklen & Associates, Inc. Engineers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 0.394 Acre Tract Hoppe Properties Page 1 of 2 EXHIBIT A Page 4 DESCRIPTION FOR A 0.394 ACRE (17,145 SQUARE FOOT) TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, SAID 0.394 ACRE TRACT BEING A PORTION OF A 18.389 ACRE TRACT OF LAND AS DESCRIBED IN DOCUMENT NO. 9556303 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.394 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on the most southeasterly corner of said 18.389 Acre Tract, same being the intersecting point of the northerly right-of-way line of F. M. 3406 (120 foot right-of- way width) and the westerly right-of-way line of Chisholm Trail Drive (right-of-way width varies), also known as County Road No. 173, same being the southeasterly corner and POINT OF BEGINNING hereof, from which a '/2" iron rod found bears, N 00° 24' 25" W for a distance of 0.32 feet; THENCE with the curving southerly line of said 18.389 Acre Tract, same being the said curving northerly right-of-way line of F. M. 3406, with the arc of a curve to the left, having a radius of 1333.24 feet a central angle of 02° 08' 47", an are length of 49.94 feet, and a chord which bears S 82° 03' 47" W for a distance of 49.94 feet to a '/2" capped iron rod set on the southwesterly corner hereof; THENCE through the interior of said 18.389 Acre Tract, the following two (2) courses and distances: 1) N 40° 12' 11" E for a distance of 52.26 feet to a '/2" capped iron rod set on an angle point hereof, 0,394 Acre Tract Hoppe Properties Page 2 of 2 EXHIBIT A Page 5 2) N 00° 35' 02" W for a distance of 941.78 feet to a %2" capped iron rod set on the northerly line of said 18.389 Acre Tract, same being the said westerly right-of-way line of Chisholm Trail Drive, same being the northwesterly corner hereof; THENCE with the said northerly line of the 18.389 Acre Tract, same being the said westerly right-of-way line of Chisholm Trail Drive, N 68° 53' 59" E for a distance of 19.67 feet to an iron pipe found the most northeasterly corner of said 18.389 Acre Tract, same being an angle point on the said westerly right-of-way line of Chisholm Trail Drive; THENCE with the said westerly right-of-way line of Chisholm Trail Drive, same being the easterly line of said 18.389 acre tract, S 00° 24' 25" E for a distance of 981.86 feet to the POINT OF BEGINNING hereof and containing 0.394 acre of land. Surveyed under the direct supervision of the u igned: S,*%S TERS��9 Donald J. Kirby DONALD J.KIKUY ..N.N..N........ N.N Date Registered Professional Land Surveyo Baker Aicklen & Assoc. 9q;••.;Esse • ,.•• 203 E. Main St. Ste. 201 � S U R`l� Round Rock, Tx. 78664 Job No.:601-759-21 File Name: W:\PROJECTS\ChisTr\Doc\Hoppel.doc SKETCH TO ACCOMPANY DESCRIPTION 90.00, WOLLE LANE SUBJECT TRACT ^^ T 0.394 ACRE co 0i rrl to HOPPE PROPERTIES oi 0, tm n DOC. 9556303 (h 16.389 AC. NO. RADIUS I DELTA ARC I CHORD BEARING CHORD SCALE. 1 100' I Cl 11333.24'102'08'47"149.94-IS 82-0347" W 149. 0 1/2" IRON ROD FOUND NUMBER DIRECTION DISTANCE 0 CAPPED 1/2"IRON ROD SET LI N 40012'11"E 52.26' @ IRON PIPE FOUND L2 N 6805359"E 19.67' BEARING BASIS: L3 N 0002425" W 0.32' TEXAS LAMBERT GRID 90.00' CENTRAL ZONE NAD 83193 HARN cl Ul F. M. 3406 POINT OF (120, f?ow) BEGINNING EXHIBIT A , 3406 Page 6 Baker-Aicklen & Associates, Inc. Engineers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09101 DATE: August 6, 2001 SUBJECT: City Council Meeting—August 9, 2001 ITEM: 13.D.2. Consider a resolution authorizing the Mayor to execute a Real Estate Contract with Hoppe Properties, Ltd.for right-of-way for the Chisholm Trail Drive Project. Resource: Steve Sheets, City Attorney Julie Wolff, Legal Assistant History: Hoppe Properties owns two parcels required for the Chisholm Trail right of way project. The parcel on the northwest corner of Chisholm Trail and FM3406 was appraised at $2.20 a square foot. The Williamson County Appraisal District appraised the property at $3.00 a square foot. Therefore,we negotiated$3.00 a square foot for that portion of the right of way. On March 22, 2001, the City Council approved an ordinance determining the need and necessity for the acquisition. Funding: Cost: $68,900 (Appraised Value $55,200) Source of funds: 1996 G. O. Bonds Outside Resources: Sheets & Crossfield, P.C. Impact: N/A Benefit: These improvements will provide a safer road and will increase the value of the surrounding properties. Public Comment: Several meeting with affected property owners. Sponsor: N/A ISSUED By OWNER'S POLICY OF TITLE INSURANCE � LawyersTifleInsumnceCorp LoINDrAMaERItGion COMPANY 1 t i ', 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: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Any statutory or constitutional mechanic's,contractor's,or 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. 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 H- authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. t LAWYERS TITLE INSURANCE CORPORATION It Attest: 2�1 C�//� i wf ori f Secretary rir1925 ;`rod President ICN 00 EXCLUSIONS FROM COVERAGE i, 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: L (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. 1A (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 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 4 policy. 01 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 failure of such recordation to impart notice to a purchaser for value or a1 9 i ud ment or lien creditor. . +; rimmmrmrnrtnnnnnsnnnr r i n a.�hr➢mCl6!�^u7S�r - :; _.y�..�u .._ Texas Owner's Policy T-1 (Rev. 1-1-93) Cover Paae 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. In addition to and after the notices required under Section 3 of these Conditions (g) "access": legal right of access to the land and not the physical condition of 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 damage signed for the use intended. and sworn to by the insured claimant shall be furnished to the Company y 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 produce for examination,inspection and copying,at such reasonable times and places The insured shall notify the Company promptly in 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 confidential 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 ,0218278 L 491 $*****68, 900.00 $****743.00 1000 LAWYERS TITLE INSURANCE CORPORATION --------------------- OWNER POLICY OF TITLE INSURANCE --------------------- CASE NUMBER DATE OF AMOUNT OF POLICY NUMBER POLICY INSURANCE 2001 RR 218278-V (215) /CU 10/ 4/2001 $*****68, 900.00 0218278 SCHEDULE A 1. Name of Insured: CITY OF ROUND ROCK, A TEXAS HOME RULE CITY 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, A TEXAS HOME RULE CITY 4. The land referred to in this policy is described as follows: TRACT 1: BEING 0.394 OF AN ACRE OF LAND, MORE OR LESS, OUT OF THE DAVID CURRY SURVEY ABSTRACT NO. 130, IN WILLIAMSON COUNTY TEXAS AND BEING A PORTDEEDION OF TAAT RECORDED INCERTAIN VOLUME 429 4PAGEACRE 485�DEEDCT FRECORhS WILLIAMSON COUNT IN TEXAS. SAID 0.394 OF AN ACkE BEING M6RE PARTICULARLY DESCRIBED BY METAS AND BbUNDS IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TRACT 2: BEING 0.108 OF AN ACRE OF LAND MORE OR LESS OUT OF THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTDEEDION OF THAT RECORDED INCERTAIN VOLUME 429 4PAGEACRE 485�DEEDCT FLAND RECORbS�LLED THIRD TRACT IN WILLIAMSON COUNTI- TEXAS• SAID 0.108 OF AN ACkE BEING M6RE PARTICULARLY DESCRIBED BY METAS AND B6UNDS IN EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. AUSTIN TITLE COMPANY Y: � CountersignedV W A''' Ula By: AutMYized vountersignature Texas Owner's Policy T-1 (Rev. 1-1-93) Valid Only If Schedule B Schedule A And Cover Page Are Attached 08/14/2001 TUE 15:27 FA3 SHEETS & CROSSFIELD P.C. 2009/014 0.108 Acre Tract Hoppe Properties Page l of 2 EXHIBIT A per $i DESCRIPTION FOR A 0.108 ACRE (4,696 SQUARE FOOT) TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 1N WILLIAMSON COUNTY, TEXAS, SAID 0.108 ACRE TRACT BEING A PORTION OF A TRAGI DESCRIBED AS THE 'THIRD TRACT" IN VOLUME 1241, PAGE 704 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.108 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a %,"iron rod found an an angle point on the easterly line of said"Third Tracf', same being the westerly right-of-way line of Chisholm Trail Drive (right-of-way width varies), also known as County Road No. 173,same being the most northerly corner of a 83.17 acre tract of land described as "Tract II" in Volume 1322, Page 207 of the Official Records of said County, same being the southeasterly corner and POINT OF BEGINNING hereof, from which an iron pipe found on an angle point on the easterly line of said 83.17 Acre Tract, samc being the said westerly right-of-way line of Chisholm Trail Drive bears, S 180 17' 59"E for a distance of 0.68 fcct; THENCE with the southerly line of said "Third Tract", same being the northerly line of said 83.17 Acre Tract, S 701 39' 46" W for a distance of 18.97 feet to a Y2"capped iron rod set on the southwesterly corner hereof, from which a V4" iron rod found on an angle point on the said northerly line of the 83.17 Acre Tract, bears S 70° 39' 46" W for a distance of 597.59 feet, S 700 54' 57"`?V'for a distance of 62 1.10 feet; THENCE through the interior of said "Third Tract", the following two (2) courses and distances: 1) N 00°24' 57"W for a distance of 151.75 feet to a %a"capped iron rod set on an angle point hereof; 2) N 50° 34' 12" W for a distance of 61.42 feet to a %" capped iron rod set on the curving southerly right-of-way line of F. M. 3406 (120 foot right-of-way width), same being the northwesterly corner hereof, front which a type Tl concrete monument 08/14/2001 TCB 15:27 FAZ SHEETS & CROSSFIELD P.C. Q010/014 0.108 Acte Troot Hoppe Properties Page 1 of 2 EXHIBIT A Page 2 found on the said curving southerly right-of-way line of F.M. 3406 to the left having a radius of 1213-24 feet, a central angle of 10° 32' 40", an arc length of 223.28 feet, and a chord which bears S 74°00' 13"W for a distance of 222.96 feet; THENCE with the said curving southerly right-of-way line of F.M. 3406, with the are of a curve to the right,having a radius of 1213.24 feet,a central angle of 03°08' 05", an are length of 66.38 feet,and a chord which bears N 80'50136"E for a distance of 6637 feet to the intersecting point of the said southerly right-of-way line of F.M. 3406 and the said westerly right-of-way line of Chisholm Trail Drive, same being the easterly line of said "Third Tract", same being the northeasterly comer hereof; THENCE with the said easterly line of said "Third Traet', same being the said westerly right-of-way line of Chisholm Trail Drive, 5 00° 16' 10" E for a distance of 195.04 feet to the POINT OF BEGINNING hereof and containing 0.108 acro of land. Surveyed under the direct supervision of the .►*.` DON D J.KJ512Y Donald J.Kirby 9 025M?r ate Registered Professional Land Surveyor No. gum Baker Aicklen&Assoc. 203 E.Main St. Ste.201 Round Rock, Tx, 78664 Job No.:601-759.21 File Name; W:1PR0J8CTS\0ixTYkDocWoW2.doc RECORDERS MEMORANDUIv: Allo[pain of tk tact on this page wu nc c clearlykVUfor sathlaetory recordation. 08/14/2901 TUE 15:28 FAX SHEETS & CROSSFIELD P.C. Q011/014 SKETCH TO ACCOMPANY DESCRIPTION NUMBER RADWS I DATA JARC I CHORD DEARING CHORO C1 1213.24' 03.09'0.5" 56.38' INW5036NE M37' C2 1213.24' 110031'40" 1223-26'18 74.0073"11 222.95 SCALE' 1"= 00' 3406 NUMDER °DIRECTION DISTANCE 0 1/2"IRON ROD FOUND F. M LI 8 70.39'45" 11' 1x97' 0 CAPPED 1/2'IRON ROD SET (CEO' ROW) LZ 8 18.17'59"E Q98 N TYPE 11 CONCRETE AOONUME14T 0 IRON PIPE FOUND BEARING BASIS: TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/83 HARK C op G g t7.� . 91.53' 10, HOPPE SuaDib7SJON Su&=Tuff z o CA 5. J. Sc. 18? 0100 Acct R � N a KOPPE PROPERTIES VOL. 1241, PG. 704 i !THIRD TRACT) POINT � , REMNANT 2.27 AC, `�i BEGINNING v r' `y CNAC?:E'R BARREL SUBDIVISION 0r89n, CAA. R .FR 5 7 59T'S9 g'e6 0 RECORDERS MEMORANDU All of puts of the test on this pie was no 34 -!early legble for:u>daaory reoor&tion. CHISHOLM TRAi1. iOTNT VF T U E VOL. 1:22, p0. 2 G 82.17 AC. 1'H,v L T 11 EXHIBIT .� A Page 3 W ❑ Baker-Aloklo• . i< tat�elahti. hw ✓;ngJn��rs Survoyors 08/14/2001 TUF 15:28 FAX SHEETS & CROSSFIELD P.C. Z012/014 0.394 Acre Tract Hoppe Properties Page I of 2 DCHlI Page 4 DESCRIPTION FOR A 0.394 ACRE (17,145 SQUARE FOOT)TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 IN WILLIAMSON COUNTY, TEXAS, SAID 0.394 ACRE TRACT BEING A PORTION OF A 18.389 ACRE TRACT OF LAND AS DESCRIBED IN DOCUMENT NO. 9556303 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0,394 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY ,METES AND BOUNDS AS FOLLOWS: BEGINNING on the most southeasterly comer of said 18.389 Acre Tract, same being the intersecting point of the northerly right-of-way lilac of F. M. 3406 (120 foot right-of- way width) and the westerly right-of-way line of Chisholm Trail Drive (right-of-way width varies), also known as County Road No. 173, same being the southeasterly corner and POINT OF BEGTNNING hereof, from which a Ax" iron rod found bears, N 00°24'25" W for a distance of 0.32 feet; THENCE with the curving southerly line of said 18.389 Acre Tract, same being the said curving northerly right-of-way line of F. M. 3406, with the arc of a curve to the left, having a radius of 1333.24 feet a central angle of 02° 08' 47", an arc length of 49.94 feet, and a chord which bears S 82°0314711 W for a distance of 49.94 feet to a %"capped iron rod set on the southwcstcrly corner hereof, THENCE through the interior of said I8,389 Acre Tract, the following two (2) courses and distances: 1) N 40° 12' 11" E for a distance of 52.26 fect to a '/2" capped iron rod set on an angle point hereat, 08/14/2Q01 TUE 15:28 FAX SHEETS & CROSSFIELD P.C. 1013/014 0.394 Acre Tract Hoppe Properties Page 2 of 2 EXHIBIT A Page 5 2) N 00* 35' 02" W for a distance or 941.78 feet to a W' capped iron rod set on the northerly line of said 18.389 Acre Tract, same being the said westerly right-of-way line of Chisholm Trail Drive,same being the northwesterly corner hereof; THENCE with the said northerly line of the 18.389 Acre Tract, same being the said westerly right-of-way line of Chisholm Trail Drive, N 680 53' 59" E for a distance of 19.67 feet to an iron pipe found the most northeasterly comer of said 18.389 Acre Tract, same being an angle point on the said westerly right-of-way line of Chisholm Trail Drive; THENCE with the said westerly right-of-way line of Chisholm Trail Drive, same being the easterly line of said 18.389 acre tract, S 00°24' 25"E for a distance of 981.86 feet to the POINT OF BEC}INN O hereof and containing 0.394 acre of land. Surveyed tinder the direct supervision of the i ed: OF Donald J. Kirby 1-0 J. V Date Registered Profession I Land Surveyor J4 Baker Aicklen&Assoc. '�'O 203 E. Main St. Ste. 201 8U� Round Rock,Tx. 78664 Job No.:601-759-21 File Name: W:1PR0AM\CWxTrkDoc\Hoppo1.doc RECORDERS MEMORANDUM U of para of d e tact on this pie was not f.-Inrly leebk for adiactory rewr4tion. . .......... . . .. 08%14/2p01 TUE 15:28 FAX SHEETS & CROSSFIELD P.C. 11014/014 SKETCH TO ACCOMPANY DESCRIPTION ;:tt:s. i= 90.00' 2AZ .. / ENCA10 PLAZA TO=LAn � t Sun=TRAM 0.3"ACM 1A z ^.� r;EPL AT PLAZA ca cm �d a HOPPE PROPERTIES m DDC. 9556303 18.389 AC. Na RADJUS I DELTA JARC Ci'IORD 8EARNrG CNQRD SCALE.1'-100' cr I333.24' D8•p9'4 4!.94' 8 02.03'4 1r 4104' 0 V20 IRON ROD FOUND NUMBER DIRECTION I DISTANCEO CAPPED r/2"IRON ROD SET LI N 400I2 Lr 59.26' m IRON POPE FOUND L2 N 6803359 E lig.sr BEARING BASIS: L3 N 00.24'25' W 0.32TEXAS LAMBERT GRID CENTRAL ZONE 90.00' NAD 83/93 HARN r� F U. 3406 POW of WORD MEMORANDUM /120' K�w� > a�xc EX!•IId17 All of puts of the tact on this pale was not A 1ear1 koble fo7utisfiaory7momds&n. Page 6 HO=Pt PROPERTIES VOL fed f, PO. 70d Ba.kerAlckloe "27 A w A MCACIRise, IRC. E'nginom Surveyors LAWYERS TITLE INSURANCE CORPORATION --------------------- OWNER POLICY OF TITLE INSURANCE --------------------- CASE NUMBER DATE OF POLICY NUMBER POLICY 2001 RR 218278-V (215) /CU 10/ 4/2001 0218278 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 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 b. ?erennial 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 fide 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 2002 , 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 prioryears because of an exemption granted to a previous owner of the property under Section 11.13, TEXAS TAX CODE, or because of improvements noassessed for a previous tax year. 6. The followinmatters and all terms of the documents creating or offering evidence of he matters (We must insert matters or delete this exception. ) : RIGHTS OF TENANTS IN POSSESSION AS TENANTS ONLY UNDER ANY AND ALL UNRECORDED LEASE AND/OR RENTAL AGREEMENTS. 7. AN EASEMENT DATED JANUARY 23 1937, GRANTED TO TEXAS POWER AND LIGHT COMPANY BY THE BANKERS LIFE COMPANY OF POLK COUNTY IOWA RECORDED IN VOLUME 281 PAGE 580 DEED RE ORDS WILLIAMSON COf&TY T9XAS (EASEMENT FOR ELECTR'2C TRANSMISSION AND OR DfSTRIBUTION LINE, T6GETHER WITH ALL RIGHTS RECITED THEREIN) 8. AN EASEMENT DATED SEPTEMBER 21, 1936 GRANTED TO TEXAS POWER & LIGHT COMPANY BY THE BANKERS LIFE COMPANY 6F POLK COUNTY, IOWA, RECORDED IN VOLFORUME 282 ELECTRfCPTGE 39EERANSMI�SIDONDAND�ORDDfSTRIBUTIONWILLISONLINE,,TT6GET ER WICOUNY TEXAS. TESEM HAALLENT RIGHTS RECITED THEREIN) ( 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 218278-V (215) /CU 10/ 4/2001 0218278 SCHEDULE B 9. AN EASEMENT DATED JUNE 29 1942 GRANTED TO TEXAS POWER & LIGHT COMPANY BY R. T. LOVE AND MINNIE M. LOVE, kECORDED IN VOLUME 313 PAGE 413 DEED RECORDS UT � (EASEMENT ETHEREIN)SION AND/OR6ISTRIBION LE, GEHER WITHALRIGHTSRECITED 10. AN EASEMENT DATED DECEMBER 15 1943 GRANTED TO TEXAS POWER & LIGHT COMPANY BY THOMAS B. BAILEY, AECORDAD IN VOLUME 318 PAGE 463 DEED RECORDAND/ORSbISTRIBUTION LIINE,SON Y OGETHER WITHSALLNT FOR RIGHTSELECTRIC RECITED THEREIN) 11. COMPANYGHT ASMEYTCLAUDE DEDEAR, RECOADEDT DATED SEPTEMBER 25 4IN' VOLUME D340 TO TPAGE 16EXAS 5�RDEEDIRECORDS, WILLIAMSON COUNTY, TEXAS. (EASEMENT FOR ELECTRH TRANSMISSION AND/OR DISTRIBUTION LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN) 12. AN EASEMENT DATED NOVEMBER 7 1958, GRANTED TO TEXAS POWER & LIGHT COMPANY BY CLAUD DEDEAR AND WIFE FL6RENCE L. DEDEAR, RECORDED IN VOLUME 428, PAGE 137 DISiRDEED IBUTIONCORDS LINM ANDLIAMSON TELEPHONEUNTY LINA,TTOGETHEREWITHENT ALLFOR RIGHTSCTRIC RECITED THEREIN) 13. AN EASEMENT DATED NOVEMBER 21 1978, GRANTED TO ENSERCH CORPORATION BY EDGAR E. HOPPE, RECORDED IN V6LUME 754, PAGE 875, DEED RECORDS WILLIAMSON COUNTY TEXAS. (EASEMENT FOR PIPELINE, TOGETHER WITH ALL RIGH" S RECITED THEREIM ) 14. E. HOPPEEASEMENT DATED RECORDEDINAUST 27 VOLUMA 1935 GRANTED 773TOCITY OF ROUND ROCK BY EDGAR OFFICIAL RECORDS, WILLIAMSON COUNTY, 'TEXAS. (EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES, TOGETHER WITH ALL RIGHTS RECITED THEREIN) (TRACT 1) 15. AN EASEMENT DATED APRIL 28, 1988 GRANTED TO TEXAS POWER & LIGHT COMPANY BY EDGAR E. RECORDS WILLIAMSON COUNTTEXAS. (EASEMENTIN -MEFOR9kk ELECTRICPAGE 307�SUPPLYIAL LINE, Y TOGHHER WITH ALL RIGHTS RkCITED THEREIN) (TRACT 2) Texas Owners 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 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant,which were authorized by the Company up to the 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 describedinvolving 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 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 9 1� 8 3 � 1� • �I �i�l _ ��r vhff I. j LafflwyeravoTitle1 �1 naurance Or Oration A WORD OF THANKS ..... i i I t, As we make your policy a part of our permanent records we want toexpress our appreciation f k !i this evidence of your faith in Lawyers Title Insurance Corporation. i 1 TEXAS OWNER There is no recurring premium. POLICY OF This policy provides valuable title protection and 1 we suggest you keep it in a safe place where it I I. will be readily available for future reference. TITLE INSURANCE f, If you have any questions about the protection Provided by this policy, contact the office that j I'I issued your policy or you may write to: ;l Consumer Affairs Department 1 I'. t II � • I- I auuyers itle T !f�J Insurance ■■`oy♦��y��+�■oration y' y �I JALANDAMFAIC COMPANY 7557 Rambler Road, Suite 1200 jl Dallas,Texas 75231 fl ISSUED BY TOLL FREE NUMBER: 1-800-442-7067 III I a rs ide Insurance o ration Lawyers I ���UoMA� II€i' II' , HOME OFFICE: 101 Gateway Centre Parkway,Gateway One !I Richmond, Virginia 23235-5153 ` ii