R-01-08-09-13D3 - 8/9/2001 RESOLUTION NO. R-01-08-09-13D3
WHEREAS, the City desires to purchase a 0 . 123 acre tract of land
for additional right-of-way for the CR 113 Project, and
WHEREAS, James and Connie Brooks, the owners of the property,
have agreed to sell said property to the City, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Real Estate Contract with James and Connie Brooks,
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 Augus 01 .
RO RT A. STLUKA, R. , Mayor
ATTEST: r City of Round Rock, Texas
AA AA i
�°ai�nav
J E LAND, City Secretary
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REAL ESTATE CONTRACT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT OF SALE ("Contract") is made by and between JAMES
BROOKS AND CONNIE BROOKS of 1209 S. Mays Street, Round Rock, Texas 78664,
(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
1 . 01 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 . 123 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 TEN
THOUSAND and no/100 Dollars ($10, 000. 00. )
Payment of Purchase Price
2 . 02 . The Purchase Price shall be paid in cash at the closing.
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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 . Purchaser, at Purchaser' s sole cost and expense, has 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 this
contract following execution by Seller 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 General
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:
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(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.
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;
3
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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.
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
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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, Use and Right of Entry Agreement
9. 01 . For the consideration to be paid by the City which is set
forth in Paragraph 2 . 01 above, Grantor, upon executing this contract by
affixing their signature hereto, hereby grants, bargains, sells and
conveys to the City exclusive and immediate possession, use and right
of entry onto the Property for the purpose of constructing a roadway
and waterline 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.
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
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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.
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.
6
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Effective Date
(k) This Contract, with the exception of Article IX shall be
effective as of the date it is approved by the City Council, which date
is indicated beneath the Mayor' s signature below. Article IX shall be
effective immediately upon the execution of this Contract by Seller.
I represent that I have read and understood each of the terms and
conditions of the foregoing document and by affixing my signature
hereto agree to be bound thereby.
SELLER:
AI�2A J--Z� —i
Jam s Brooks
Date: l2) , 2001
&-� 6i25�j�
Connie Brooks
Date: ?_ %(� 2001
PURCHASER:
CITY UND CK TEXAS
By:
R ert A. St uka, , Mayor
221 E. Main Street
Round Rock(, QTexas 78664
Date:
7
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OMAN
FIELD NOTE DESCRIPTION FOR A 0.123 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS,AND BEING OUT OF AND PART OF THE WE LLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 4.65 ACRE
TRACT, CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790, PAGE 887, OF
THE DEED 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 4.65 acre
tract of land,the same being the southeast corner of a 5.508 acre tract of land conveyed to
Hussain Mehrabian, and recorded in Volume 2336, Page 22, of the Deed Records of
Williamson County,Texas, for the southwest corner and the POINT OF BEGINNING
of the herein described tract;
THENCE,with the west line of said 4.65 acre tract and the east line of said 5.508 acre
tract, North 19°00'53" West, a distance of 26.36 feet, to a calculated point for the
northwest corner of this tract;
THENCE,departing the west line of said 4.65 acre tract,the east line of said 5.508 acre
tract, crossing said 4.65 acre tract, South 88°37'12"East, a distance of 222.08 feet,to a
calculated point in the east line of said 4.65 acre tract and the west line of a 6.57 acre
tract conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the
Deed Records of Williamson County,Texas,for the northeast comer of this tract;
THENCE, with the east line of said 4.65 acre tract and the west line of said 6.57 acre
tract, South 18°47'32"East, a distance of 25.34 feet, to a calculated point in the north
right-of-way line of said County Road No. 113,for the southwest corner of said 6.57 acre
tract, for the southeast comer of said 4.65 acre tract,and for the southeast comer of this
tract;
THENCE,with the North right-of-way line of County Road No. 113, and the south line
of said 4.65 acre tract,North 88°51'32"West, a distance of 221.63 feet, to the POINT
OF BEGINNING.
Containing 0.123 acres of land more or less.
La�- 2
r OF TF
S ?� ZI V 1 P:''�tS ifA:•�
Randall S.Jones Date `9n
Registered Professional Land Surveyor No.4391
State of Texas
Date: September 28,2000
RJ Surveying Inc. ��t o�'Ort�F{�
1212 East Braker Lane
Austin,Texas 78753 RANO ALL S.JONES
r q4991 Q
9,y0le ss�o`"Z
Shand Projects R2\658\docs\Brooks.doc
Page 1 of 1
Revised on 10-06-00
Revised on 1-15-01
Revised on 2-14-01
LEGEND:
SKETCH TO ACCOMPANY FIELD NOTES. W C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS
W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS
W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS
( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
IRON ROD FOUND
o Q = CALCULATED POINT
SCALE 1"=50' y� REMAINDER OF
J. BROOKS, Jr.
HUSSAIN MEHRABIAN 790/887rl
2336/22 W.C.D.R. �o rri
W.C.D.R. HUSSAIN MEHRABIAN � w
2386/208 I w r, o
S88'37'12"E 222.08'
(Sl 8-49'E) W.C.D.R. 3
Nl9'0 '53 S18'47'32"E O
N19'00'53"W } z
0.123 Ac. 25.34' (1021.33') i cv
- - - - - - - - - - - 26.36` - -
S88'51'32"E 1021.48' -' o
/ N88'51'32"W 221.63' - - - - - - -AT- —
- - - - -
POINT OF BEGINNING IN FIELD NOTES (N88'53'W) (221.66')
Co. Rd. 113 "Kiphen Road"
' LEGAL DESCRIPTION:
A 0.123 ACRE TRACT OF LAND, SITUATED IN
Z WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE NOTE: DATE: SEPTEMBER 28, 2000
WILLIS DONAHO SURVEY, ABSTRACT No.173, AND NO EASEMENT RESEARCH WAS PERFORMED REVISED: JANUARY 15, 2001
BEING A PART OF THAT CERTAIN TRACT OF LAND BY RJ SURVEYING INC. REVISED: FEBRUARY 14, 2001
I ➢ CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790,
PAGE 887, OF THE DEED RECORDS OF WILLIAMSON ENGINEERING
r ` COUNTY, TEXAS. RJ PUNNING
' ►` z SURVEYING INC.
SURVEYING
• 1 rl I 1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793
S\Lr,nd Projects R2\658\dwg\658rowBW.dwg 02/21/01 08,04,13 AM CST
DATE: August 6, 2001
SUBJECT: City Council Meeting—August 9, 2001
ITEM: 13.D.3. Consider a resolution authorizing the Mayor to execute a Real
Estate Contract with James and Connie Brooks for right-of-way for
the CR 113 Project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: This contract with Mr. &Mrs. Brooks is for the right of way acquisition for the
CR 113 project. Milburn has paid the City for the difference between the
appraised value and the settlement amount. On April 12, 2001, the City Council
approved an ordinance determining the need and necessity for the acquisition.
Funding:
Cost: $10,000.00 (Appraised Value: $6,860)
Source of funds: Williamson County, Round Rock Transportation System
Development Corporation Sales Tax and Developers
Outside Resources: Randall Jones Engineering, Sheets & Crossfield, P.C.
Impact: N/A
Benefit: Improved mobility on CR 113 and new waterline.
Public Comment: Several meeting with affected property owners.
Sponsor: N/A
y
ISSUED BY OWNER'S POLICY OF TITLE INSURANCE
tauuyers itlejnsurance CorrporatiCA on 3
ANY
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 i<
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 {
authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company.
F�
LAWYERS TITLE INSURANCE CORPORATION
fl
..... 4P
yC
\ 111
c, // //J/
••••O9 11
Attest: y'W ii ':oli
Secretary �A;`:. 1 925 :'ice%' President
Id1111th ;`M`";
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, prohibitingor relating to i the occupancy, use, or enjoyment of the land;
9 () (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 r'
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.
i
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: j
(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; 333
(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 f3
policy.
4. The refusal of any person to purchase,lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of , .
unmarketability of the title.
5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy,
by reason of the operation of federal bankruptcy,state insolvency,or other state or federal creditors'rights laws that is based on either
(i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable
distribution or voidable dividend,
(ii) the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable £'
subordination or
(iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer .f
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 judgment r
P o lien creditor.
1 9
.i
� r
=.e
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
which the land is located. 5. PROOF OF LOSS OR DAMAGE.
(g) "access": legal right of access to the land and not the physical condition of In addition to and after the notices required under Section 3 of these Conditions
access. The coverage provided as to access does not assure the adequacy of access and Stipulations have been provided the Company, a proof of loss or damage signed
for the use intended. and sworn to by the insured claimant shall be furnished to the Company within 91 days
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 notifythe Company promptly in writing i in case of an litigation produce for examination, inspection and copying,at such reasonable times and places
P y P P Y g() Y g as may be designated by any authorized representative of the Company, all records,
as set forth in Section 4(a) below, or(ii) in case knowledge shall come to an insured books, ledgers, checks, correspondence and memoranda, whether bearing a date
hereunder of any claim of title or interest that is adverse to the title to the estate or before or after Date of Policy,which reasonably pertain to the loss or damage.Further,if
interest,as insured,and that might cause loss or damage for which the Company may requested by any authorized representative of the Company,the insured claimant shall
be liable by virtue of this policy. If prompt notice shall not be given to the Company, grant its permission, in writing, for any authorized representative of the Company to
then as to the insured all liability of the Company shall terminate with regard to the examine, inspect and copy all records, books, ledgers, checks, correspondence and
matter or matters for which prompt notice is required;provided, however,that failure to memoranda in the custody or control of a third party, which reasonably pertain to the
notify the Company shall in no case prejudice the rights of any insured under this policy loss or damage. All information designated as confidential by the insured claimant
unless the Company shall be prejudiced by the failure and then only to the extent of the 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
When, after the date of the policy, the insured notifies the Company as required g ry in the administration
herein of a lien, encumbrance, adverse claim or other defect in title to the estate or of the claim. Failure of the insured claimant ti submit for examination under oath,
interest in the land insured by this policy that is not excluded or excepted from the Produce other reasonably requested information or grant permission r secure
coverage of this policy,the Company shall promptly investigate the charge to determine reasonably necessary information from third parties as required l this paragraph shall
g p y p p y g g 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
0217071 R 491 $*****10, 000.00 $****270.00 1000
LAWYERS TITLE INSURANCE CORPORATION
---------------------
OWNER POLICY OF
TITLE INSURANCE
---------------------
CASE NUMBER DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
2001 RR 217071-H (215) /cu 9/27/2001 $*****10,000.00 0217071
SCHEDULE A
1. Name of Insured:
CITY OF ROUND ROCK, TEXAS
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
CITY OF ROUND ROCK, TEXAS
4. The land referred to in this policy is described as follows:
0.123 ACRES MORE OR LESS, OUT OF WILLIS DONAHO SURVEY, ABSTRACT NO.173,
WILLIAMSON COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED HERE' O.
AUSTIN TITLE COMPANY
Countersigned By: w✓ "
Aut orize un ersigna ure
Texas Owners Policy T-1 (Rev. 1-1-93) Valid Only If Schedule B
Schedule A And Cover Page Are Attached
FIELD NOTE DESCRIPTION FOR A 0.123 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND. BEING A PART OF THAT CERTAIN 4.65 ACRE
TRACT, CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790, PAGE 887, OF
THE DEED 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 4.65 acre
tract of land, the same being the southeast corner of a 5.508 acre tract of land conveyed to
Hussain Mehrabian, and recorded in Volume 2336, Page 22, of the Deed Records of
Williamson County, Texas, for the southwest corner and the POINT OF BEGINNING
of the herein described tract;
THENCE, with the west line of said 4.65 acre tract and the east line of said 5.508 acre
tract, North 19°00'53" West, a distance of 26.36 feet, to a calculated point for the
northwest corner of this tract;
THENCE, departing the west line of said 4.65 acre tract,the east line of said 5.508 acre
tract, crossing said 4.65 acre tract, South 88°37'12" East, a distance of 222:08 feet, to a
calculated point in the east line of said 4.65 acre tract and the west line of a 6.57 acre
tract conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the
Deed Records of Williamson County, Texas, for the northeast comer of this tract;
THENCE, with the east line of said 4.65 acre tract and the west line of said 6.57 acre
tract, South 18°47'32" East, a distance of 25.34 feet, to a calculated point in the north
right-of-way line of said County Road No. 113, for the southwest comer of said 6.57 acre
tract, for the southeast comer of said 4.65 acre tract, and for the southeast corner of this
tract;
THENCE, with the North right-of-way line of County Road No.- 113, and the south line
of said 4.65 acre tract, North 88°51'32" West, a distance of 221.63 feet, to the POINT
OF BEGINNING.
Containing 0.123 acres of land more or less.
SY_QtL�� C� r srF�- Z Zi V ) (E.�F.Tcc
P.••A�
A %-%
Randall S. Jones Date :cn
Registered Professional Land Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc. ,OF rF
1212 East Braker Lane
Austin, Texas 78753 RANDALL S.JONES
IHIIIN.INIIIII.11.1....
r�9 4391
N.P.
s+0t; 0Q
S UR`i
S:\Land Projects R2\658\docs\Brooks.doc
Page 1 of 1
Revised on 10-06-00
Revised on 1-15-01
Revised on 2-14-01
SKETCH TO ACCOMPANY FIELD NOTES: LEGEND:
r W.C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS
W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS
! W.C.P.R.=WIWAMSON COUNTY PLAT RECORDS
o ( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
o • = IRON ROD FOUND
SCALE 1"=50' Z 0 = CALCULATED POINT
min REMAINDER OF,
J. BROOKS, Jr.
HUSSAIN MEHRABIAN 790/887
2336/22 W.C.D.R. 0 M
W.C.D.R. HUSSAIN MEHRABIAN of t
2386/208 w rn o
(N18'49'W) S88'37'12"E 222.08' (Sl 8'49'E) W.C.D.R. I C5
N19'00'53"W S18'47'32"E 0 3
26.36' 0.123 Ac. 25.34' } Z
- - - - - - - - - - - - - - - - N88'S132bW 221-63' (1021.33') i 6
— — S88_51 32„E 1021.48' -� o
— � — — -- —�- — —
POINT OF BEGINNING IN FIELD NOTES (N88'53'W) (221.66')
Co. Rd. 113 "Kiphen Road”
0 ' LEGAL DESCRIPTION:
I A 0.123 ACRE TRACT OF LAND, SITUATED IN
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE NOTE: DATE: SEPTEMBER 28, 2000
z WILLIS DONAHO SURVEY, ABSTRACT No.173, AND NO EASEMENT RESEARCH WAS PERFORMED REVISED: JANUARY 15, 2001
C BEING A PART OF THAT CERTAIN TRACT OF LAND BY RJ SURVEYING INC.
CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790, REVISED: FEBRUARY 14, 2001
PAGE 887, OF THE DEED RECORDS OF WILLIAMSON
r I COUNTY, TEXAS. RJ ENGINEERING
SURVEYING INC. PLANNING
G
C4 ��
d Projects R2\658\dwg\658rowBW.dwg 02/21/01 0810443 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 217071-H (215)/Cu 9/27/2001 0217071
SCHEDULE B
This policy does not insure against loss or damage (and the Com any will
sy
not pay cots, attorney's fees or expensed 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) :
VOLUME 737 PAGE 89 AND VOLUME 790, PAGE 887, DEED RECORDS, WILLIAMSON
COUNTY, TE:CAS
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 ri hts, or
e. to the area extending from the line of mean low ide to the line of
vegetation, or the right of access to that area or easement along and
across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year
2001 , and subsequent years; and subsequent taxes and assessments by any
taxing authority for prior years due to change in land usage or ownership,
but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the roperty under Section 11.13, TEXAS TAX
CODE, or because of improvements not assessed for a previous tax year.
6. The followin matters and all terms of the documents creating or offering
evidence of She matters (We must insert matters or delete this exception. ) :
RIGHTS OF PARTIES IN POSSESSION.
7. ANY VISIBLE AND/OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT
PROPERTY, THE EXISTENCE OF WHICH DOES NOT APPEAR OF RECORD.
8. ANY PORTION OF THE PROPERTY HEREIN DESCRIBED WHICH FALLS WITHIN THE
BOUNDARIES OF ANY ROAD OR ROADWAY.
9. AN EAR.
CODYNTRECORDEDDATED UIN VOLUME2219G PAGED15O DEED RECORDS GAS
WIILLIAMSON COMPANY BY MRS.
COUNT )TEXAS. (EASEMENT FOR PIPALINES, T6GETHER WITH ALL RIGHTS RECITED
THERE ( 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 217071-H (215) /cu 9/27/2001 0217071
SCHEDULE B
10. AN EASEMENT DATED DECEMBER 3 1940, GRANTED TO TEXAS POWER AND LIGHT
DEED
WIILLIAMSON COUNTYODTEXAS. (EASEMENT D9D INL OUME R ELECTRICETRANSMISSIONCORDS AND/SR
DISTRIBUTION LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
11. AN EASEMENT DATED NOVEMBER 5, 1980 GRANTED TO TEXAS POWER AND LIGHT
COMPANY BY LEE ARTHUR LEWIS, RECORbED IN VOLUME 829 PAGE 822 DEED
RECOLINERDS ANN TELEPHONENLINE,TY TEXAS.TbGET ER WITHAALLENT FOR RIGHTTS RECITEDCTHEREIUTION
N)
12. AN UNDIVIDED ONE-HALF (1/2) INTEREST IN ALL OIL,( GAS AND OTHER MINERALS
ON, IN, UNDER OR THAT MAY BE PRODUCED FROM THE JUBJECT PROPERTY AS SET
FORTH IN INSTRUMENT RECORDED IN VOLUME 663, PAGE 642, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS.
NOTE: TITLE TO THE HEREIN DESCRIBED MINERAL INTERESTS) NOT EXAMINED
SUBSEQUENT TO DATE(S) OF AFORESAID INSTRUMENT.
Texas Owner's Policy T-1 (Rev. 1-1-93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
SPECIAL WARRANTY DEED
County Road 113 Right-of-Way
01 THE STATE OF TEXAS §
L1 §
�.� COUNTY OF WILLIAMSON §
WHEREAS, the City of Round Rock, Texas is authorized to purchase land and such
LO other property rights deemed necessary or convenient for the construction,
expansion, enlargement, extension, improvement, or operation of a portion of
rL,, the proposed County Road 113 ("Project") ; and,
i WHEREAS, the purchase of the hereinafter-described premises has been deemed
0 necessary or convenient for the construction, expansion, enlargement,
0 extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, JAMES B. BROOKS, JR. and wife, CONNIE BROOKS, 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 . 123 acres, more or less, out of the WILLIS DONAHO
SURVEY, ABSTRACT NO. 173, 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
any wise belonging unto the City of Round Rock, Texas and its assigns
CORR/TRANSPORTATION/CR 113CON/BROOKS/00010636 1
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 -' day of
2001 .
JAMES B ROOKS, yJR
CONNIE BROOKS
Acknowledgment
State of Texas
County of Williamson
This instrument was acknowledged before me on this the , day
of 4:7'�:-P-7,f°)2'� /� f"/ , 2001 by JAMES B. BROOKS, JR. and wife, CONNIE
BROOKS.
� r
L/-4
4
� __// ' r - � i- ...,�/I✓,��7
Notary Public, State of Texas
PREPARED IN THE OFFICE OF: %0 SEAL
Sheets & Crossfield, P.C.
309 East Main
Round Rock, Texas
AFTER RECORDING RETURN .TO:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
CORR/TRANSPORTATION/CRI 13CON/BROOKS/00010636 2
i .
1
FIELD NOTE DESCRIPTION FOR A 0.123 ACRE TRACT:
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING OUT OF AND PART OF THE WILLIS DONAHO SURVEY,
ABSTRACT No. 173, AND BEING A PART OF THAT CERTAIN 4.65 ACRE
TRACT, CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790, PAGE 887, OF
THE DEED 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 corner of said 4.65 acre
tract of land,the same being the southeast corner of a 5.508 acre tract of land conveyed to
Hussain Mehrabian, and recorded in Volume 2336, Page 22, of the Deed Records of
Williamson County, Texas, for the southwest corner and the POINT OF BEGINNING
of the herein described tract;
THENCE, with the west line of said 4.65 acre tract and the east line of said 5.508 acre
tract, North 19°00'53" West, a distance of 26.36 feet, to a calculated point for the
northwest corner of this tract,
THENCE, departing the west line of said 4.65 acre tract,the east line of said 5.508 acre
tract, crossing said 4.65 acre tract, South 88°37'12" East, a distance of 222.08 feet, to a
calculated point in the east line of said 4.65 acre tract and the west line of a 6.57 acre
tract conveyed to Hussain Mehrabian and recorded in Volume 2386, Page 208, of the
Deed Records of Williamson County, Texas, for the northeast comer of this tract;
THENCE, with the east line of said 4.65 acre tract and the west line of said 6.57 acre
tract, South 18°47'32" East, a distance of 25.34 feet, to a calculated point in the north
right-of-way line of said County Road No. 113, for the southwest comer of said 6.57 acre
tract, for the southeast corner of said 4.65 acre tract, and for the southeast comer of this
tract;
THENCE, with the North right-of-way_line of County Road No. 113, and the south line
of said 4.65 acre tract, North 88°51'32" West, a distance of 221.63 feet, to the POINT
OF BEGINNING.
Containing 0.123 acres of land more or less.
LCLL2E.OF r
S �i2L 7i Zt V ) f P�•'c, srFRF.f-
Randall S. Jones Date
Registered Professional Land Surveyor No. 4391
State of Texas
Date: September 28, 2000
RJ Surveying Inc. �P�GOT
1212
OT1212 East Braker Lane
0
Austin, Texas 78753 :"'"'""""'"""'"'
. RANDALL S.JONES
•o
9�90 4391
S ALand Projects R2\658\docs\Brooks.doc
Page 1 of 1
Revised on 10-06-00
Revised on 1-15-01
Revised on 2-14-01
3
ETCH TO ACCOMPANY FIELD NOTES: LEGEND:
SK W.C.O.R.=WILLIAMSON COUNTY OFFICIAL RECORDS
W.C.D.R.=WILLIAMSON COUNTY DEED RECORDS
W.C.P.R.=WILLIAMSON COUNTY PLAT RECORDS
( ) RECORD PER VOL. 2336, PG. 22 W.C.D.R.
o • = IRON ROD FOUND
a A = CALCULATED POINT
SCALE 1"=50' ZZ�
� REMAINDER OF
J. BROOKS, Jr.
HUSSAIN MEHRABIAN 790/887
2336/22 W.C.D.R. ocr: r,
W.C.D.R. HUSSAIN MEHRABIAN of
2386/208 w
(N18'49'W) S88'37'12"E 222.08' (S18'49 E) W.C.D.R.
N19'00'53"W S18'47'32"E f Z 3
25.34' (1021.33 ) i
26.36' 0.123 Ac. — _ J o
- - - - - - - - - - - - - - - - S88'S1'32"E 1021.48'
/ N88'51'32"W 221.63' — — — — — —
POINT OF BEGINNING IN FIELD NOTES (N88'53'W) (221.66')
Co. Rd . 113 " Kiphen Road"
�+ t� aj I LEGAL DESCRIPTION:
A 0.123 ACRE TRACT OF LAND, SITUATED IN
WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE NOTE: DATE: SEPTEMBER 28, 2000
` z WILLIS DONAHO SURVEY, ABSTRACT No.173, AND NO EASEMENT RESEARCH WAS PERFORMED REVISED: JANUARY 15, 2001
I Q ' BEING A PART OF THAT CERTAIN TRACT OF LAND BY RJ SURVEYING INC. REVISED: FEBRUARY 14, 2001
�j CONVEYED TO JAMES BROOKS Jr. IN VOLUME 790,
C7 PAGE 887, OF THE DEED RECORDS OF WILLIAMSON ENGINEERING
C r ' COUNTY, TEXAS. RJ PLANNING
I SURVEYING INC. SURVEYING
I z
r�
1212 BRAKER LANE AUSTIN, TEXAS 78753 (512) 836-4793
tl\Land Projects R2\658\dwg\658rowBW.dwg 02/21/01 08,0443 AM CST
CONDITIONS AND STIPULATIONS—CONTINUED
'(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the 12. PAYMENT OF LOSS.
Insured Claimant. (a) No payment shall be made without producing this policy for endorsement of
(i) to pay or otherwise settle with other parties for or in the name of an the payment unless the policy has been lost or destroyed,in which case proof of loss or
insured claimant any claim insured against under this policy, together with any costs, destruction shall be furnished to the satisfaction of the Company.
attorneys'fees and expenses incurred by the insured claimant, which were authorized (b) When liability and the extent of loss or damage has been definitely fixed in
by the Company up to the time of payment and which the Company is obligated to pay, accordance with these Conditions and Stipulations,the loss or damage shall be payable
or within 30 days thereafter.
(ii) to pay or otherwise settle with the insured claimant the loss or damage 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
provided for under this policy, together with any costs, attorneys' fees and expenses (a) The Company's Right of Subrogation.
incurred by the insured claimant,which were authorized by the Company up to the time Whenever the Company shall have settled and paid a claim under this policy, all
of payment and which the Company is obligated to pay. right of subrogation shall vest in the Company unaffected by any act of the insured
Upon the exercise by the Company of either of the options provided for in
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 subrogated to and be entitled 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 personn 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 under this policy shall not exceed the least of: If a payment on account of a claim does not fully cover the loss of the insured
(i) the Amount of Insurance stated in Schedule A, claimant, the Company shall be subrogated to these rights and remedies in the
(ii) the difference between the value of the insured estate or interest as proportion that the Company's payment bears to the whole amount of the loss.
insured and the value of the insured estate or interest subject to the defect, lien or If loss should result from any act of the insured claimant,as stated above,that act
encumbrance insured against by this policy at the date the insured claimant is required shall not void this policy, but the Company,in that event, shall be required to pay
only
to furnish to Company a proof of loss or damage in accordance with Section 5 of these that part of any losses insured against by this policy that shall exceed the amount,
if
Conditions and Stipulations any, lost to the Company by reason of the impairment by the insured claimant of the
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Company's right of subrogation.
Policy is less than 80 percent of the value of the insured estate or interest or the full (b) The Company's Rights Against Non-Insured Obligors.
consideration paid for the land,whichever is less,or if subsequent to the Date of Policy The Company's right of subrogation against non-insured obligors shall exist and
an improvement is erected on the land which increases the value of the insured estate shall include,without limitation,the rights of the insured to indemnities,guaranties,other
or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, policies of insurance or bonds, notwithstanding any terms or conditions contained in
then this Policy is subject to the following: those instruments that provide for subrogation rights by reason of this policy.
(i) where no subsequent improvement has been made, as to any partial 14. ARBITRATION.
loss,the Company shall only pay the loss pro rata in the proportion that the amount of Unless prohibited by applicable law or unless this arbitration section is deleted by
insurance at Date of Policy bears to the total value of the insured estate or interest at specific provision in Schedule B of this policy, either the company or the insured
may
Date of Policy,or demand arbitration pursuant to the Title Insurance Arbitration Rules or the American
(ii) where a subsequent improvement has been made, as to any partial Arbitration Association. Arbitrable matters may include, but are not limited to, any
loss,the Company shall only pay the loss pro rata in the proportion that 120 percent of and the amount expended for the improvement. controversy or claim between the Company
and the Insured arising out of or relating to
the Amount of Insurance stated in Schedule A bears p to the sum of the Amount of this policy,any service of the Company in connection with its issuance or the breach
of
Insurance stated in Schedule a policy provision or other obligation. All arbitrable matters when the Amount of
The provisions of this paragraph shall not apply to costs, attorneys' fees and Insurance is S1,000,000 or less SHALL BE arbitrated at the request of either the
expenses for which the Company is liable under this policy,and shall only apply to that Company or the Insured, unless the insured is an individual person (as distinguished
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of from a corporation, trust, partnership, association or other legal entity). All arbitrable
Insurance stated in Schedule A. matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated
(c) The Company will pay only those costs, attorneys' fees and expenses only when agreed to by both the Company and the Insured. Arbitration pursuant to this
incurred in accordance with Section 4 of these Conditions and Stipulations.
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'tees 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 16. SEVERABILITY.
(c) The Company shall not be liable for loss or damage to any insured for
a the event any provision of the policy it held invalid or unenforceable under
liability voluntarily assumed by the insured in settling any claim or suit without the prior applicable law, the policy shall be deemed not to include that provision, and
all other
written consent of the Company.
provisions shall remain in full force and effect.
10. REDUCTION OF INSURANCE:REDUCTION OR TERMINATION OF LIABILITY. 17 NOTICES,WHERE SENT.
All payments under this policy, except payments made for costs, attorneys' fees All notices required to be given the Company and any statement in writing
and expenses,shall reduce the amount of the insurance pro tanto. required to be furnished the Company shall include the number of this policy and shall
11. LIABILITY NONCUMULATIVE. be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia
It is expressly understood that the amount of insurance under this policy shall be 23261-7567.
reduced by any amount the Company may pay under any policy insuring a mortgage to COMPLAINT NOTICE.
which exception is taken in Schedule B or to which the insured has agreed,assumed,or Should any dispute arise about your premium or about a claim that you have
taken subject,or which is hereafter executed by an insured and which is a charge or lien filed, contact the agent or write to the Company that issued the policy. If the
on the estate or interest described or referred to in Schedule A,and the amount so paid problem is not resolved,you also may write the Texas Department of Insurance,
shall be deemed a payment under this policy to the insured owner. P.O. Box 149091, Austin,TX 78714-9091, Fax No.(512)475-1771. This notice of
complaint procedure is for information only and does not become a part or
condition of this policy.
CONTROL NUMBER
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ja4tw ersTtie
Insuranceor ration I A WORD OF THANKS .....
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As we make your policy a part of our permanent
1 k1 records,we want to express our appreciation of
this evidence of your faith in Lawyers Title
Insurance Corporation.
TEXAS OWNER There is no recurring premium.
POLICY OF This policy provides valuable title protection and
we suggest you keep it in a safe place where it
TITLE INSURANCE will be readily available for future reference.
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If you have any questions about the protection
k 1' provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
k ! f aw ersTide
y nsurance o oration
A LANDAMF.RIC MMMNY
GIj!, �' 7557 Rambler Road, Suite 1200
J11:
Dallas,Texas 75231
j J,' ISSUED By TOLL FREE NUMBER: 1-800-442-7067
j Lawyers 1 le jnsurance @poration
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I� HOME OFFICE: i
FI 101 Gateway Centre Parkway,Gateway One
Richmond, Virginia 23235-5153 j
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