R-01-09-13-15D1 - 9/13/2001 RESOLUTION NO. R-01-09-13-15D 1
WHEREAS, the City desires to purchase a 0 . 061 acre tract of land
for additional right-of-way for the SH 45 Roadway Project, and
WHEREAS, QRS 11-29 (Tx. ) , Inc . , 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 QRS 11-29 (Tx. ) , Inc . ,
for the purchase of the above described property, a copy of said Real
Estate Contract being attached hereto as Exhibit "A" 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.
RESOLVED this 13th day of Sepe , 2001
.
i -V lZe Oct
RO RT A. STLUFA, Mayor
ATTEST: City of Round Rock, Texas
/14 AA I Jy"'�
(I-W-L"I U I I
JO NE LAND, City Secretary
::ODMA\WORLDOX\O:\WDOX\RESOLUTI\R10913D1.WPD/SC
*JUL 16.2001 10:36AM F REED ,SMITH NEW YORK S A p p T 0 1 8 ##6N0.596#� �P.2i8'.0 3
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6 •
4
THE STP0E or TEXAS .
•
' COUNTY Or 'WIL'L.IAMSON '
THIS CONTRACT OF SALE ("Contractff) is Made by and betweep QRS 11-29
(Tx) , Inc, a Texas corporation(referred to in tbi.s Contract as "Seller") and
the CITY OF ROUND ROCK, a Texas Home Rule City of 221 E. Maim St. Round
Rock, Klliamsor County► Texas (referred to in this Contract as
"Purcbeserp) , upon the terms and conditions set forth in this Contract.
RECITALS
Purchaser has previously threatened condemnation of the property
(defined below) . Under threat of condemnation, Seller agreed to convey
the Property to Purchaser, and this Contract sets forth the terms and
provisions of such sale in lieu of condemnation.
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 0.061 acres of land (2, 657 square feet) situated in
Williamson County, Texas, being more particularly described is follows:
Parcel #81: D. 061 acre tract, (21657 square feat) as 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-wax (all of such real propexty,
arights, and appurtenances being referred to in this contract as the
"Property") , together with any improvements, fixtures r 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. '
ARTIC,LE ZI
PURCHASE PRICE
Amount of Purchase Price
2 .01. The purchase price for the Property shall be the sum of Forty
Thousand and No/100 Dollars ($90,000.00) .
PaymeAt of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE IIT
EXHIBIT
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"All
JUL. 16.2001 10:36AM coEED SMITH NEW YORKS R P p T 0 3 QN0.590i 0 0P,Sig.�!4
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PURCHASER' S OBLIGATIONS
Conditions to Purchaser' s Obl,gfations
3 .01 . The obligations of Purchaser hereunder to consummate the
transaotion' contemplated hereby are subject too' the satis factf on of each
of tjY a following conditions (any of which may be waived in whole or in
part by purchaser at or prior to the closixz g) .
Preliminary Title Commitment
3.02. Within ten (10) days after the date hereof, Purchaser, at
Purchaser' s sole cost and expense, Shall have caused Austin Title Company
(the "Title Company") of 101 B. old settlers Blvd.. , Suite 100, Round
Roc);, Texas 78689, to issue an updated preliminary title report (the
"Title Commitrgent") . Purchaser shall give Seller written notice on or
before the expiration of three (3) days after Purchaser recelves the
updated Title Commitment that the condition of title as set forth in the
title binder is or is not satisfactory, and in the event Purchaser states
that the condition is not satisfactory, Seller may (but shall not be
obligated to) attempt to eliminate or modify all unacceptable matters to
the reasonable satisfaction of Purchaser, In the event seller has not
done so within ten (10) days after receipt of written notice, this
contract shall, thereupon be null and void for all purposes and the Escrow
Deposit shall be forthwith returned by the Title Company to purchaser.
Purchaser' s failure to give Seller this written notice shall'be deemed
to be Purchaser's acceptance, of the Title Oo=itment.
ARTxOLH 1v
CLOSING
The closing shall be held at the Title Company on or before August
la, 2001 or at such time, date, and place as Seller and PurchAser may
agree upon (which date is herein referred to a$ the "closing date") .
Purchaser agrees to accept the property in its AS YS, WNERE IS condition,
WITH ]ALL FAULTS.
Seller' s Obligations
4.01, At the closing Seller shall:
(a) Deliver to Purchaser a duly executed and acknowledged Special.
Warranty peed conveying good and indefeasible t�tle in Pee simple to all
of the Property, free and clear of any and all liens, encumbrances,
conditionsr easements, assessments, and restrictions, except for the
following:
(i) General real estate taxes for the year of closing
and subsequent years not yet fte and payable;
(ii) Any exceptions approved (or deemed approved) by
Purchaser pursuant to article III hereof; and
(iii) Any except.�*ns approved by purchaser in writing.
o�o►s�000aawa� tea 2
1 1 J JUL.16420011 :10�37AM REED.SMITH NEW YORKS A P F' T 0 1319 2#eN0.590 V rd bP.4/e-1 e n
(bl 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 ,tit,le to the Property subject
only to those title exceptioris. lasted' above, such other
exceptions as may be approved in writing by Purchaser, and the
standard printed exceptions contained in the usual Corm Of
Texas Owner's Title Policy,
(c) As provided in paragraph 9.01 below, Seller 19 delivering to
Purchaser possession of the property as of the date of this
Contract. '
Purchasex'a obligations
4.02 At the Closing, Purchaser shall pax the purchase price
in cash.
Proratsons
4,03 There shall be no prorarlon of taxes with regard to the
purchase and sale.
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:
1. Owner's Title Policy paid by Purchaser:
2 , Filing fees for deed paid by Purchaser;
ARTICLE V
REALS ESTATE COMMISSIONS
seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller. Purchaser will
be solely responsible for all real. estate }:orokerage commissions due to
any brokers representing the purchaser.
ARTICLE VI
ESCROW prPoSIT
For the purpose of securing the perfo=ance of Puyrchaaer under the
terms and provisions of this Contract, Purchaser has delivered to the
Title CompanY, the sum of Four Thousand and no/100 Dollars ($4# 000-00) ,
the Escrow Deposit, which shall be paid by the Title CoMpany to Seller
Ln the event Purchaser breaches this Contract as provided in Article VITT
hereof. At the closing, the Escrow peposit shall be paid over to Seller
and applied to the purchase price, provides, 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 TTI
auoia�a�d0o erose r R8p 3
6.2001 .•10:37AM FR REED SM I TH NEW YORK R F T 0 1313 2#ENO.5905#b W. • n b
1 1 JUL- .JUL��,�� + � . r _„- -- --
have not been met, or, in the opinion of Purchaser, cannot be satisfied,
in the manner and as provided tot in Article TIi l then the Escrow Deposit
shall be forthwith returned by the Title Company to Purchaser.
ARTXCLE VIT .
$REACH BY SELLER
In the event Seller shall, fail to fully and tamely perform any of
its obligations hereunder or shall fail to consummate the sale of the
Property for any reason, except Purchasers default, Purchaser may, as
its sole And exclusive renmedy, either: (1) enforce specific performance
of this Contract (in which case Purchaser shall be deemed to have agreed
to accept title to the Property subject to all matters of record) ; or
(2) terminate this Contract in which event the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser and neither party
hereto shall have any further rights, duties or obligations one to the
other hereunder (except as provided for in Section 9. 01 below) -
hATICLE, V111
BREACH BY PURCHASER
in the event Purchaser should fail to consu=ate 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 an default hereunder? Seller shall have the right to (1) bring suit
for damages against Purchaser; or (2) receive the Escrow Deposit from the
Title Company, the sum being agread on as liquidated damages for the
failure of Purchaser to perform the duties, liabilities, and obligations
imposed upon it b.y the terms and provisions of this Contract, and Seller
agrees to accept and take this cash payment as its total damages and
i
relief and as Seller' s sole remedy hereunder n such event.
ARTICLE Ix
SPECXAL PROVISIONS
Possession and Use Agreement
9.01 . ror the consideration to be paid by the City which is set
forth in paragraph 2 .01 above, Seller, by executing this Contract, hereby
grants, bargains, seals and conveys to the City i=ediate possession and
use of the Property for the purpose of, at Purchaser' s Sole cost, e:cpense
and risk, construoting a highway or turnpike project and appurtenances
thereto and the rkjht to remove any improvements (Purchaser shall,
however, coordinate with Sellerfs tenant, Garden Ridge L.P. ("Garden
Ridge"') .. the removal of any utility lines or facilitiOs so as not to
cause any interruption in utility services to Lot 1) . 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 Gita 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
nnytlon 4i�1sA��53��REP �
JUL 16 2001 10:38AM. R REED'SMITH NEW^YORKS FI P p TO 13 fl 2##2N0.590##®0P.6ig,�e
i 1 J u 'c r��c+i a 1 : ri i- .
allow the city to proceed with its cornstruction pr0J80t wi thi mt atdela,
to howaver, automatically expire upon the xp
or
This grant shall, for
sooner te=ination of this Contact. Furthermore,ape ext tr purchaser reason
Purchaser does not close the purchase cond�,ti� which existed prior to the.
promptly restore tie Property
entryby Purchaser under this sectioi%r. jd4h •restoration '� an h xeO�� of
• �urche,ser to expressly survive the exp�.x'ation or termination .
9,02. To the maxim= OXtent permitted by applicable law, Purchaser
defend and hold Sealer and Garden Ridge of, from, and
shall indemnify, �ms, demands, st��-'ts� Xiabilities, ' costs or
against any and al]. c1a�. ng
expenses hereafter suffered or incurred by Seller or Garden d isgdarisinx
out of such entity or such conspurchaser
such i,ndemnifi.ca'tion
se
that Purchaser believes. that applicable law ,
unengorceable and purchaser does not hereby waive anY rights
The obli 30*9 serf
that such provisions are not enforceable against i't. g
Purchaser under this section shall expressly survive the expiration or
termination of this Contract,
9.03 . Purchaser agrees (X) that during the pendency of th* work
described in Section 9.01 above Purchaser shall, to the extent such work
prohibits vehicular ingress ,and egress Over the Property so Aaseto
Easanents, construct temporary driveways
ross and contracors to access
enable Gorden Ridge s emploxees,
Lot 1 at all times and (y) within 30days following compietio>c>L of the
work, purchaser shall pave the Reserved Easement, at Purct�asiia milarogt and
to the
expense, so that the same �,s a.mpa�,oved substantially
assta>n the ldate 'hereof. The
Exs,sting Access Easements as they appexxressl of sua�vl,ve Closing
provisions of this Section 9.03 shall e p Y
Landscape and Zoning Regula'tiona
#, The Cit hereby agrees that the conveyance of the Property and
9.0 Y
theassociated reduction in landscaped or parking areas, if any, will not
result in a present violation of the city' s Landscape or Zoning
Ord ,nat�ces, nor will said conveyance result in a future vi lati on of with
the
regard to landscaping
Grantor wishes t4 increase t
he sizeexisting building on the remaining property owned by Grantor. The
provisions of this Section 9,04 shall expressly sarviV6 closing.
ART I CLZ x
MISCELLANEOUS '
AssigMent of Contract
10,01. (a) This Contract may not be assigned without the express
written consent of Seller. Regardless og the foregoing, Purchaser may
assign this Contract to the Round Rock Transportation Development
corporation.
Notice
►b++qM,oi�al�ObQo Nosh.�q0 s
1 1 J U LU r-V r.) '200 a t Q W r 111 F R REED SMITH NEW YORKa Q T O 13 8 2##ENO.5907 i;0 EP.7XY a�
(b) Any notice required or permitted to be delivered hereunderr
shall be deemed received when sent by FedEx or other ssm 1 y
service or by united Stades mail, postage prepaido certified mail, return
receipt requ,tsted, addressed to Seller or Purchaser, as the case may be,
at the address set forth opposite the signature of the party.
Texas Law, to ;�PPIY .
(c)
This Contract shall be construed under and in accordance with
the laws of the State of Texas, andall, obligations of the parties
created hereunder are performable in, Williamson County, Texas.
Parties Bound
(d)
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 pe=itted by this
Contract.
Legal. Construction
(a) In case any one or more of the provisions contained in this
Contract shall for any reason be head to be invalid, illegal, or
unenforceable in any respect, this invalidity, il,l,egality, or
unenforceability tforceability shall not affect any other provision hereof, and this
Contract shall. be construed as if the. invalid, i 1,legal# or unenforceable
prgvisi,on had never been contained herein. .
prior Agreements Superseded
(f) This Contract constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written ox oral,
agreements between the parties respecting the within subject matter.
Time of Essence
(g) Time is of the essence in this Contract.
Gander
(h) 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 price versa, unless the context
requires otherwise.
Effective Date
(J) This Contract, with the exception of Article 1j, sham be
effective as of the date it is approved by the City Council, which date
is indicated beneath the Mayor's signature below. Article TX shall be
effective upon the execution date of this Contract by Seller, said date
appearing below their respective signatures.
versos 41401=wN 61=11�%ED 6
1 1 4L•16 2001 1 10 38AM F R REED ,SMITH NEW YORK S A P P TO 13 8 2#eN0.5905#0 0P.8i8. 0 9
S�1�ER:
QRS 11-29 (Tg, ) , xnc`-
$y-
L_, its U ,._....,.-
Date;
PURCHASER
CITY OF ROUND ROCK, TEXAS
By: ,
Roert A. Stiu a, Ur. , Mayor
221 E. Main Street
Roynd mock, Texas 78664
Dates 2001
IZSSM I S CONSENT
GARDEN RIDGE L.P. + - ► Lessee of 'tract of land
from which the Property described herein comes, hereby gives it$ consent
to this Contract and agrees to execute a document releasing the Property
from its lease agreement.
GARDEN RXDGE L• P•
� n
�b C) By•
tA
7
* TOTRL. PAGE.09 **
EXHIBIT_ Page ( of 2 Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 81
Being a 0.061 of one acre tract (2,657 square feet) of land situated in the Jacob M. Harrell
Survey A-284, Williamson County, Texas and being a portion of Lot 1, TOWN AND
COUNTRY MALL SUBDIVISION, recorded in Cabinet L, Slide 57 of the Williamson County
Plat Records (W.C.P.R.) as conveyed by Woodmen of the World Life Insurance Society to
QRS 11-29 (Tx), Inc., recorded in Volume 2427, Page 328 of the Official Records of Williamson
County, Texas (O.R.W.C.T.). Said 0.061 of one acre tract being more particularly described by
metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
COMMENCING at a 1/2-inch iron rod found for the northwest corner of said Lot 1 and the
northeast corner of a called 14.625 acre tract of land conveyed to DDR DB Development
Ventures, LP, a Texas limited partnership, recorded in Document No. 9844186 O.R.W.C.T.;
THENCE, South 05°34'03" East (N 03°04'19" W) along the line common to said Lot 1 and said
14.625 acre tract, a distance of 819.17 feet to a Texas Department of Transportation (TxDOT)
brass disk in concrete set(X = 3,133,266.30, Y = 10,149,734.70) in the proposed northerly right-
of-way line of State Highway 45 at 212.04 feet left of and perpendicular to State Highway 45
Baseline Station 541+39.73 for the northwest comer and POINT OF BEGINNING of the
herein described tract;
1. THENCE, North 84°2737" East, along the proposed northerly right-of-way line of State
Highway 45,a distance of 483.88 feet to a 1/2-inch iron rod with a TxDOT aluminum cap set
at 216.38 feet left of and perpendicular to State Highway 45 Baseline Station 546+23.59 for
the northeast corner of the herein described tract and in the northwesterly line of Lot 2, of
said TOWN AND COUNTRY MALL SUBDIVISION;
2. THENCE, South 53°15'53" West, along the line common to said Lot 1 and said Lot 2, a
distance of 10.69 feet to a point for the southwest corner of said Lot 2, the southeast corner of
the herein described tract and being in the north line of a called 7.1610 acre tract of land as
conveyed to the State of Texas (Parcel 2), recorded in Volume 1656, Page 810 O.R.W.C.T.;
3. THENCE, South 84°26'59" West (S 86055'08" W), along the line common to said Lot 1, said
7.1610 acre tract of land as conveyed to the State of Texas (Parcel 2) and a 2.2540 acre tract
of land as conveyed to the State of Texas (Parcel 3), recorded in Volume 1656, Page 810
O.R.W.C.T,a distance of 474.73 feet to a 5/8-inch iron rod found for the southwest corner of
said Lot 1 and being an exterior corner of said 14.625 acre tract;
417658\parce1s\doc\PAR81.doc
EXHIBIT A Page�of 2 Pages
4. THENCE, North 05°34'03" West (N 03°04'19" W), departing said 2.2540 acre tract of land
as conveyed to the State of Texas (Parcel 3) and along the line common to said 14.625 acre
tract and said Lot 1, a distance of 5.63 feet to the POINT OF BEGINNING and containing
a computed area of 0.061 of one acre(2,657 square feet)of land more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay Dean Canine •�•••
Registered Professional Land Surveyor '�' -�•
Texas Registration Number 4345 ®,
SURVCON INC.
5316 Highway 290, Suite 480
Austin,Texas 78735
(512) 899-8282
April 17, 2000
417658\parce1s\doc\PAR81.doc
PAR8ICLOSURE.TXT
Z: \417658\PARCELS\FINALS\CLOSURES\CLOSE-81 Job Description:
15:32: 45 04/13/00 Page No
1
-----------------------------------------------------------------------
Lot Z: \417658\PARCELS\FINALS\Closures\81.clo
From PNT Bearing Distance Northing Easting To Pnt
1 N84°27137"E 483. 88 0.000 0.000 2
2 S53°15153"W 10. 69 46. 712 481. 620 3
3 S84026159"W 474 .73 40. 318 473.053 4
4 N05°34103"W 5. 63 -5. 598 0.549 .5
Square Feet 2674 .7 Acres 0. 061
Square Metres: 248 . 48 Hectares 0.025
TOTAL Traverse Distance : 974 . 93
TOTAL Traverse Perimeter: 974 . 93
TOTAL Traverse Stations : 5
CLOSURE Direction : S22056101"W
CLOSURE Distance 0.01
ERROR of Closure 1: 154671
Frontage: 974 . 930000.
Page 1
SURVEY LEGEND •,'
(] ■ FOUND TXOOT BRASS DISK IN CONCRETE JACOB M. HARRELL PRG } W.
.y7,
a0 �
❑ SET TXOOT BRASS DISK IN CONCRETE SURVEY, A-284 Nei N84.27'3T'E 5�71,�.
FOUND " 483.88'
O • SET I-' IRON ROD W/TXDOT ALUM. CAP �q" I.R. , ty3IN03.04'19"W1 55 10.69'3'15'53"W
le FOUND � IRON R00 UNLESS OTHERWISE NOTED 584.26'59"w
® = FOUND 4" X 4" CONCRETE MONUMENT S84.26'59'W rj
LOT + EXISTING R.O.W• 474.73'
= CALCULATED POINT TOWN AND COUNTRY
It = PROPERTY LINE P.O.C. PARCEL 81 MALL SUB. M = DETAIL "B
CAB. L. SL. 57 DETAIL A LOT 2 N.T.S.
9 = BASELINE W.C.P.R. N.T.S. TOWN AND COUNTRY
CONVEYED TO MALL SUB.
= UTILITY POLE ; ORS11-29(TX),INC. CABW.C.P.R. 57 ACREAGE
CALLED 13.337 ACRES DEDICATED TO SUMMARY
TRACTS 1 AND 2 CITY OF ROUND ROCK
DOR D8 DEVELOPMENT VENTURES. 2427/328 FOR RIGHT-OF-WAY
(SO.FT.
LP. A TEXAS LIMITEO:PARTNERSHiP v+; O.R.W.C.T. PER PLAT
CALLED 14.625 ACRES ;m• ao WHOLE fS70.026]
DOC. X9844/86 r' STA. 546+23.59 PROPERTY
P.0.8. PAR 81 \ 10' ELECTRIC
O.R.W.C.T:., \ L . 1
X=3.133.266.30 EASEMEKT
�+o =10.149.734.70 \ \ 1030/832' +6' AREA 12.657]
\ O.R.w.C.>. SEE OETAtI 'B" 5� ACOUIREO
STA. 541+39.73 __yy ; PROPOSED R.O.W.
n LT. 212.04' \L` '� �g��A�:,O• REMAINDER (567.
y,. ...... ., LEFT 369)
o SEE DETAIL "A" �.. \ 8 1
�� \
t 586'S5"08W. 114.92'1 \ •�•,�
N84.27'37'E. \\ \ 483.68' `?�'
4 -----
--
584.26'S9"W.--�-\ -- -- 414.13 -------- -----
----► -�--- - -- 9 (N85-40'267E)
1N85.40'26'E. 347.21') \ \
7.5' PUBLIC \ \ 7.5' PUBLIC
FOUND sti I.R. UTILITY EASEMENT \ EXISTING R.O.W. UTILITY EASEMENT
CAB. G. SL. 365 \ \ CAB. G. SL. 365
W.C.P.R.
W.C.P.R. \
LARTNEC INVESTMENT CO. 80
REMAINDER OFc� ''
A CALLED 40.00 ACRE -I 1 81 �! 101
824/572 8 g
STATE OF TEXAS W.C.DR. m cl [ ��; STATE OF TEXAS !
CALLED 2.2540 ACRES �I „ tow
N N CALLED 7.1610 ACRES 7e
PARCEL 3 _ Na a :: 40' ACCESS EASEMENTPARCEL656/810
1656/810 ORS11-29(TX).INC.
O.R.W.C.T. I a Ws O.R.W.C.T.
WI a : CALLED RACT 3 ACRES i
oAI :1 : o;'+ 2427/328
ino,l :I na+ O.R.W.C.T.
S.H.45 _ 00
------- wl 'I --- N —
545+00 WHOLE PROPERTY
INSET
NOT TO SCALE •
NOTES: S.H.45
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE PARCEL PLAT
COORDINASYSTEM.
CENTRAL
ZONE
000102ADJUSTED TO FOR PARCEL 81
SURFACEUSINGA
COUNTY: WILL[AMSON
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A GRANTOR: ORS11-29(TX).INC.
COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
RECORD SHOWNAT IBASED ON PUBLI
(INFORMATION. THEOSURVEYOROHASHNOTPABSTRACTTED THIS TRACTC
SURVCO•N INC.
3. THIS PLAT
IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS PROFESSIONAL SURVEYORS
5316 HWY. 290 WEST. SUITE 480
4. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FILE
PROVIDED BY TURNER. COLLIE AND BRADEN. INC. AUSTIN. TEXAS 78701
5. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON TELEPHONE (512) 899-8282. FAX f512) 899-9390
COUNTY. TEXAS. �:.T•i7::..
.� EMAIL: oust incsurvcon.Com
6. W.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS.
® SCALE: 1" = 100' JOB s:: 417-658
7. W.C.D.R. INDICATES w SO OU TY DEED RECORDS. -
��/7•�� DATE: MAR 2000 F.8. sr: HWY 45
GATE: DRAWN BY: TC CAD FILE: S45PAR-81
JA DEAN CANINE
REGISTERED PROFESSIONAL LAND SURVEYOR CHECKED BY: WJM
TEXAS REGISTRATION NO. 4345
DATE: September 7, 2001
SUBJECT: City Council Meeting—September 13, 2001
ITEM: 15.D.1. Consider a resolution authorizing the Mayor to execute a Real Estate
Contract with QRS 11-29(Tx.), Inc.for right-of-way for the SH 45
roadway project.
Resource: Steve Sheets, City Attorney
Julie Wolff, Legal Assistant
History: This contract with QRS 11-29 is for the acquisition of right-of-way for the SH-45
project. On October 26, 2000, the Council approved an ordinance determining the
need and necessity for this acquisition.
Funding:
Cost: $40,000
Appraised Value: $30,555
Source of Funds: Round Rock Transportation Development Corporation Sales Tax
Outside Resources: None
Impact/Benefit: Increased mobility in the south quadrant of the city.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
'rJ UL..16 2001 1 10 36AM F R REED SM I TH NEW YORK S p p p TO 13 6 E#6N0.5905#Q CP.2i8'. 3
f
(MIGINAL
VZPM ESTATE CONTRACT
THE STATE OF TEXAS
COUNTY Or WILI�TAXSON ,
wHIS CONTRACT OF SALE ("Contract") is made by and between QRS 11-29
(Tx) , Inc. a Texas Corporation(referred to in this Contract as "Seller") and
the CITE! OP ROU$D ROCK, a Texas Home Rule City of 221 E. Main St. Round
Rock, WJlia=on County f Texas (referred to in this Contract as
"Purchaser") o upon the terms and conditions set forth in this Contract.
RECITALS
Purchaser has previously threatened condemnation of the Property
(defined below) . under threat of condemnation, Seller agreed to convey
the Property to Purchaser, and this Contract sets forth the terms and
provisions of such sale in lieu of condemnation.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sella and agrees to convey, and Purchaser
purchases and agrees to pay for, that certain parcel of land containing ,
approximately 0 .061 acres of land (2, 657 equare feet) situated ,in
Williamson County, Texas, being more particularly described es follows:
Parcel. #81: D. 061 acre tract, (2, 657 square feet) as more
particularly described in ,Exhibit Ar 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 propexty,
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 eat forth
below. '
ARTIC,LE 11
PURCHASE PRICE
Amount of Purchase Price
2 .01. The purchase price for the Property shall be the aum of rorty
Thousand and No/100 Dollars ($90,000.00) .
Payment of Purchase Price
2.02. The Purchase Price shall be paid in cash at the closing.
ARTICLE I I T
k JUL;_1 �20011 : G0 3�AM F R REED SMITH-& NEW_YORK P P TO 13 0 2##QNO.590i#0 0P.3/8 .0 4
L
PURCHASER' S OBLIGATIONS
Conditions to Purchasere s Obl,cjations
3 .01 . The obligations of Purchaser hereunder to consummate the
transaationcontemplated hereby are subject too' the satisfaction of each
of tl�e 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 ten (10) days after the date hereof, Purchaser, at
Purchaser' s sole cost and expense, shall have caused Austin Title Company
(the "Title Company") of 1.01 t. Old Settlers Blvd-, Suite 100, Round
p.ocX, Texas '79664, to issue an updated preliminary title report (the
„Title Commitrgent") . Purchaser shall give Seller written notice on or
before the expiration of three (3) days after Purchaser receives the
updated Ti.tfe commitment that the condition of title as set forth in the
title binder is or is not satisfactory, and ,in the evert Purchaser states
that the condition is not satisfactory, Seller may (but shall not be
obligated to) attempt to eliminate or modify all unacceptable matters to
the reasonable satisfaction of Purchaser. In the event seller has not
done so within ten (10) days after receipt of written notice, this
Contract shall, thereupon be null and void four 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 Co=itment.
ARTXCLP 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") .
Purchaser agrees to accept the Property in its AS YS, THERE IS condition,
WITH ALL FAULTS.
Seller' s Obligations
4.01. At the closing Seller shell:
(a) deliver to Purchaser a duly executed and acknowledged Special
Warranty peed conveying good and indefeasible t�tle 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 (or deemed approved) by
Purchaser Pursuant to Article III hereof; and
(ili) Any exceptions approved by Purchaser in writing.
ffo fa�o1�o►Sb0000a+o4� RED 2
teJUL..16.2001 t1 :10:37AM Fr R REED.SMITH NEW YORKS A P f a 1319 C#LNO.590M �P.4/8 e
— — -- - -
(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 purchaaer's fee simple -title to the Property subJect
only to those title exceptloris. lasted' above, such other
exceptions as may be approved in writing by Purchaser, and the
standard printed exceptions contiiined in the usual form of
Texas Owner's Title Policy.
(c) As provided in paragraph 9.01 below, Seller is delivering to
Purchaser possession of the property a$ of the date of this
Contract.
Purchaser's Obligations
4.02 At the Closing, Purchaser shall pay the purchase price
in cash.
P1 Prorations
4.03 There shall be no proration of taxes with regard to the
purchase and sale.
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:
1. Owner' s Title Policy paid by Purchaser:
2 . Filing fees for deed paid by Purchaser;
ARTICLE V
REAL, ESTATE COKMISSIONS
seller will be solely responsible for all real estate brokerage
commissions due to any brokers representing the Seller. Purchaser will
be solely reaponsible for all real estate brokerAge co=issions due to
any brokers representing the purchaser.
ARTICLE V1
ESCROW OSPOSIT
For the purpose of securing the performance of Purchaaer under the
terms and provisions of this Contract, Purchaser has delivered to the
Title CompanY, the sum of Four Thousand and no/100 Dollars ($4# 000.00) 1
the Escrow Deposit, which shall be paid by the Title CoMpa,ny to Seller
Ln the event Purchaser breaches this Contract as provided in Article V111
hereof. At the closing, the Eacrow peposst shall be paid over to Seller
and applied to the purchase price, provided, however, that in the event
the Purchaser steall have given written notice to the Title Company that
one or more of the conditions to its obligations set forth in Article III
yo11i4q�4f�O1a�00C1g0 6a0S3i Y[L�p 3
jULTLIL..16.2001 .,10=37AM F REED SMITH YORK R p P T 0 13 8 2#ENO.5905 9 b leP.5/y - 1'o
rr
have not been met, or, in the opinion of Purchaserr cannot be satisfied,
in the manner and as provided tot in Article IXI, then the Escrow Deposit
shall be forthwith returned by the Title Company to Purchaaer.
ARTICLE vxI
$REACH BY SZLLER
In the event Seller shah, fail to fully and tamely perform any of
its obligations hereunder or shall fail to consummate the sale of the
property for any reason, except Purchasers default, Purchaser may, as
its sole and exclusive remedy, either: (l) enforce specific performance
of this Contract (in which case Purchaser shall be deemed to have agreed
to accept title to the Property subject to all matters of record) ; or
(2) terminate this Contract in which event the Escrow Deposit shall be
forthwith returned by the Title Company to Purchaser and neither party
hereto shall have any further rights, duties or obligations one to the
other hereunder (except as provides for in Section 9. 01 below) .
ARTICLE V111
BREACH BY PURC14ASER
in, the event Purchaser should fail to consummate the purchase of the
Property, the conditions to Purchaser' s obligations set forth in Article
in having been satisfied and Purchaser being in default and Seller not
being in default hereunder, Seller shall have the right to (1) bring suit
for damages against Purchaser; or (2) receive the Escrow Deposit from the
Title Company, the sum being agreed on as liquidated damages for the
failure of Purchaser to perfo= the duties, liabilities, and obligations
imposed upon ft by the terms and provisions of this Contract, and Seller
agrees to accept and take this cash payment as its total damages and
relief and as Seller' s sale remedy hereunder in such event.
ARTICLE IX
SPECIAL PROVISIONS
Possession and Use Agreement
9. 01 . ror the consideration to be paid by the City which is sat
forth in paragraph 2 .01 above, Seller, by executing this Contract, hereby
grants, bargain$, seals and conveys to the City i=ediate possession and
use of the Property for the purpose of, at Purchaser' a sole cost, tXpense
and risk, constructing a highway or turnpike project and appurtenances
thereto and the right to remove any improvements (Purchaser shall,
however, coordinate with Sellerf s tenant, Garden Ridge L.P. (`Garden
Ridge") , the removal of any utility lines or facilities so as not to
cause any interruption in utility services to Lot, 1) . 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
X"000 a 1401 Nam&AM V RM
JUL. 16.3 001 18:38AM FR REED SMITH NEW^YORKS R F p TO 13 8 2##QN0.590#0 3P.6l8,rld e
to allow the City to proceed with its construction p OJ Ct i hirationaox
This grant shall, however, auto Qtoa11Fuxthermore, if for any reason
sooner termination of �,ha.s Conte Purchaser will
Purchaser does not close the purchase of
which exthe isted prior to the
promptly resto 'e tie Property to the
entryby Purchaser under this sect�oi%,, sdi h -restoration 'o one. hereof bAs of
,
purcha�ser� to GXPressly survive the expiration ox teeminat
9,02 . To the maximum eXtent permitted by applicable law, purchaser
sh411 inde=ifyi defend and hold seller and Garden Ridge of, from, and
against any and all claims, demands t s1a,it3l or Ga den Rld a ,sing
expenses hereafter suffered or incurred by Seller � g
out of such entity or such construction. purchaser has icable law renders such indemned ification
rcha
uriengpxceable and peaSeller
that Purchaser believes serdothates1not hereby by waive any rights to so assert
that such provisions are not enforceable against it. The Obligation$ of
purchaser undor this section shall expressly survive the expiration or
termination of this Contract.
9.03 . purchaser agrees (X) that during the pendency of the work
described in Section 9.01 above, Purchaser shall, to the extent such work
prohibits vehicular ingress ,and egress over the Existing Accass
Sassmen'ts, construct temporary driveways across the Property
y to as tO
cress
enable Garden Aidge s employees, customers and
Lot L at all times and (y) within 30 days following completion of the
work, purchaser shall pave the Reserved Easement, at Purch$ m larcogt and
to the
expense, so that the same is a.mpr,oved ss of the substantially
hereof., The
Ex�,sting Access Easements as they appear assurvive Closing'
of this Section 9.03 shall expressly
Landscape and Zoning Regulationa
9. 04. The City hereby agrees that the conveyance of the Property and
the associated reduction in Landscaped or parking areas, if any, will not
result in a present violation of the City' s Landscape or Zoning
Ord#nance3, nor will said conveyance result in a future violation with
regard to landscaping if Grantor washes to increase the size of the
existing building can the remaining property owned by Grantor. The
provisions of this section 9,04 shall expressly survive closing.
ARS'l CLE X
MISCELLANEOUS '
Assigment of Contract
10,01. (a) This Contract may not be assigned withou�uthe express
written consent, of Seller. Regardlese of the foregoing,
assign this Contract to the Round Rock Transportation Development
Corporation.
Notice
HDW"01441."MO SOBS V 00 '�
1 1 J U L- C r6rd 2 A.00 i � X10:3-8AM FR REED SMITH_NEW YORKB R P F TO 1 3 8 2#eN0.5905;;0 EP.7/Y - do U
(b) Any notice required or permitted to be delivered hereunder
shall be deemed received when sent by FedEx or other similar delivery
service or by United Stades mail, postage prepaid, certified mail, return
receipt requested, addressed to Seller or Purchaser, as thetcase may be,
at the, address set forth opposite the signature of the party.
Tagas Law, to Apply
(c) This Contract shall be construed under of the d in accordance
ncewth
the laws of the State of Texas, and all obligationsparties
created hereunder are performable in JI Williamson County, 'texas.
Parties Bound
(d) This Contract shall be binding upon and inure to the benefit
of the partiee and ' their respective heirs, executors, administrators,
legal representatives, successors and assigns where permitted by this
Contract.
Legal. construction
(a) in case any one or more of the provisions contained in this
contract shall for any reason be head to be invalid, illegal, or
unenforceable in any respect, this inval.,idity, illegality, or
unenforceability shall not affect anyother provision hereof, and this
contract shall be construed as if the, invalid, illegal# or unenforceable
prgvi,si,on had never been contained herein. .
Prior Agreements Superseded
(f) This Contract constitutes the sole and only agreement of the
parties and supersedes any prior understands z%gs or written or oral,
agreements between the parties respecting the within subject matter.
Time of Essence
(g) Time is of the essence in this Contract.
Gender
(h) Wcrda of any gendir 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 price versa, unless the context
requires otherwise.
Effective Date
(i) This Contract, with the exception of Article lit shall be
effective as of the date it is approved by the City Council, which date
is indurated beneath the Mayor's signature below. Artie a 1X shall be
effective upon the execution date of this Contract by Seller, said date
appearing below their respective signatures.
Haman 0 140 131 WN 6MA v RED 15
11 ;J4 ' 16 �0 10. 1 3ills 8AM REED SMITH NEW YORK P P TO 13 8 2#eNQ.590#0 0P.e/e- 0 9
QRS 11-29 (Tx. ) ? IrLc-
it's
2001
Date:
PURCHASER
CITAert0AA- -St—IIIk,aj
UND RD K, TEXAP
Ey.
RtJ . , MaYOr
221 E, Main Street
ROIAnd RoTexas 79664
,
Date. 42001
LZSSEE'S CONSENT
-AF]F AT 1�T T�T
GARDEN R�p�E L.P. � - �- , Lessee of 'tract of sand
from which the Property described herein comes, hereby gives its consent
to this Contract and agrees to execcte a document releasing the Property
from its lease agreement.
GARDEN RX DGE L.P.
G BY:
d �►1
I�►�d�t1
6t)vdw NOV,
* TQT811 FRGG.08
EXHIBIT_ Page t of Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 81
Being a 0.061 of one acre tract (2,657 square feet) of land situated in the Jacob M. Harrell
Survey A-284, Williamson County, Texas and being a portion of Lot 1, TOWN AND
COUNTRY MALL SUBDIVISION, recorded in Cabinet L. Slide 57 of the Williamson County
Plat Records (W.C.P.R.) as conveyed by Woodmen of the World Life Insurance Society to
QRS 11-29 (Tx), Inc., recorded in Volume 2427, Page 328 of the Official Records of Williamson
County, Texas (O.R.W.C.T.). Said 0.061 of one acre tract being more particularly described by
metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
COMMENCING at a 1/2-inch iron rod found for the northwest corner of said Lot 1 and the
northeast corner of a called 14.625 acre tract of land conveyed to DDR DB Development
Ventures, LP, a Texas limited partnership, recorded in Document No. 9844186 O.R.W.C.T.;
THENCE, South 05°34'03" East (N 03004'19" W) along the line common to said Lot 1 and said
14.625 acre tract, a distance of 819.17 feet to a Texas Department of Transportation (TxDOT)
brass disk in concrete set(X = 3,133,266.30, Y = 10,149,734.70) in the proposed northerly right-
of-way line of State Highway 45 at 212.04 feet left of and perpendicular to State Highway 45
Baseline Station 541+39.73 for the northwest corner and POINT OF BEGINNING of the
herein described tract;
1. THENCE, North 8402737" East, along the proposed northerly right-of-way line of State
Highway 45,a distance of 483.88 feet to a 1/2-inch iron rod with a TxDOT aluminum cap set
at 216.38 feet left of and perpendicular to State Highway 45 Baseline Station 546+23.59 for
the northeast corner of the herein described tract and in the northwesterly line of Lot 2, of
said TOWN AND COUNTRY MALL SUBDIVISION;
2. THENCE, South 53°15'53" West, along the line common to said Lot 1 and said Lot 2, a
distance of 10.69 feet to a point for the southwest corner of said Lot 2, the southeast corner of
the herein described tract and being in the north line of a called 7.1610 acre tract of land as
conveyed to the State of Texas (Parcel 2), recorded in Volume 1656, Page 810 O.R.W.C.T.;
3. THENCE, South 84°26'59" West (S 86055'08" W), along the line common to said Lot 1, said
7.1610 acre tract of land as conveyed to the State of Texas (Parcel 2) and a 2.2540 acre tract
of land as conveyed to the State of Texas (Parcel 3), recorded in Volume 1656, Page 810
O.R.W.C.T, a distance of 474.73 feet to a 5/8-inch iron rod found for the southwest corner of
said Lot 1 and being an exterior corner of said 14.625 acre tract;
41765 8\parcels\doc\PAR81.doc
• EXHIBIT A Page 2 of 2 Pages
4. THENCE, North 05034'03" West (N 03004119" W), departing said 2.2540 acre tract of land
as conveyed to the State of Texas (Parcel 3) and along the line common to said 14.625 acre
tract and said Lot I. a distance of 5.63 feet to the POINT OF BEGINNING and containing
a computed area of 0.061 of one acre(2,657 square feet)of land more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay Dean Canine »�---•--••. '.
Registered Professional Land Surveyor •-
Texas Registration Number 4345 4Wr`
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735 �' 7
(512) 899-8282
April 17, 2000
417658\parce1s\doc\PAR81.doc
PAR8ICLOSURE.TXT
.J
Z: \417658\PARCELS\FINALS\CLOSURES\CLOSE-81 Job Description:
15: 32: 45 04/13/00 Page No
. . 1
-----------------------------------------------------------------------
Lot Z: \417658\PARCELS\FINALS\Closures\81.clo
From PNT Bearing Distance Northing Easting To Pnt
1 N84027137"E 483. 88 0. 000 0.000 2
2 S53015153"W 10. 69 46. 712 481. 620 3
3 S84026159"W 474 . 73 40. 318 473. 053 4
4 N05°34103"W 5. 63 -5. 598 0. 549 5
Square Feet 2674 . 7 Acres 0. 061
Square Metres : 248 . 48 Hectares 0. 025
TOTAL Traverse Distance : 974 . 93
TOTAL Traverse Perimeter: 974 . 93
TOTAL Traverse Stations : 5
CLOSURE Direction : S22056' 01"W
CLOSURE Distance 0.01
ERROR of Closure 1 : 154671
Frontage: 974 . 930000.
Page 1
SURVEY LECEND
- FOUND TXDOT BRASS DISK IN CONCRETE
HARRELL Eo.w
M
JACOB M. .,
❑ - SET TXDOT BRASS DISK IN CONCRETE SURVEY, A-284 N84.27'31'E
Q = SET to' IRON ROD w/TXOOT ALUM. CAP Sir I. i4'03'W 483.88'
0 - FOUND 1,i IRON ROD UNLESS OTHERWISE NOTED A I.R. _ 5.6]'tNO3.04't9'w) 553101569'
S84.26'S9`w
® - FOUND 4' x 4' CONCRETE MONUMENT 584.26'59w N
- CALCULATED POINT TOWN AND COUNTRY EXISTING R.0.W• 474.73'
MALL SUB. O DETAIL "B"
R PROPERTY LINE P.O.C. PARCEL e1 CAB. L. SL. 57 DETAIL A tOWN AND COUNTRY N.T.S.
W.C.P.R. N.T.S. MALL SUB.
a BASELINE CONVEYED TO • I
- UTILITY POLE ORS11-29(TX),INC. CAB. L. SL. 57
CALLED 13.337 ACRES W.C.P.R. ACREAGE
TRACTS 1 AND 2 DEDICATED TO SUMMARY
DOR 08 DEVELOPMENT VENTUREr-
CALLED
2427/328 CITY OF ROUND ROCK (SO.FT.)
LP. A TEXAS LIMITEO'.PARTNERS0.R.W.C.T. FOR RIGHT-OF-WAY
14.625 ACRES PER PLAT �p WHOLE
DOC. 09844186P.O.B. PARCE 8t A. 546+23.59 �� PROPERTY 510.026)O.R.W.C.T:., \ 10' ELECT1�tt 'X=3.133.266.30 \ EASEMENT•=10.149.734.70
\ \ 1030/83? +6• AREA
STA. 541+39.73 \ O.R.W.C:7. SEE DETAIL "B' gS ACOUIREO 12.6571
o �r PROPOSED R.O.W. °�
n? LT. 212.04' y � ^•.�O b
\ .+ d� '�; REMAINDER (567.369)
o SEE DETAIL "A" %.........
\ 81
LEFT
�� \ 1�
1 Se6'S5"Dew. 474.92') \\ .�•��
N84.27'31E. \ \ 483.88' `?........
--- j— —�--- --————— S84.26'59'W.---\-.\ z - -- -- 411.73' ------- --
99 (N85.40'26'E)
1N85.40'26'E. 347.21') \ \
FOUND sti I.R. IC
- UT111 'Y UBLICNT \\ \ EXISTING R.O.W• UTILITY EASEMENT '
CAB. G. SL. 365 \ CAB. G. SL. 365
W.C.P.R. \ \ W.C.P.R. o
LARTNEC INVESTMENT CO. \ ' $' • s
REMAINDER OF o" •� c
A CALLED 40.00 ACRE -I I - o
81 '! 101
824/572
P-oi I :: :'mb
STATE OF TEXAS
W.C.OR. ' 78
STATE OF TEXAS �I y1 CALLED 7.1610 ACRES
CALLED 2.2540 ACRES NNI 7 .. NN � PARCEL 2
PARCEL 3
1656/810 40' ACCESS EASEMENT 1656/810
-
O.R.W.C.T. , ORS11-29(TX),INC. O.R.W.C.T.
It WI J :: . c CALLED RACT 3 ACRES
i
2427/328 x
.n a. O.R.W.C.T.
I ;I gin.
-------- � --- --- 00
i,onl I -- �z ------ -—-—-—-—
—
---r-—-—-— I r 1-
545+00 WHOLE PROPERTY
INSET
NOT TO SCALE
NOTES: S.H.45
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE PARCEL PLAT
COORDINATE SYSTEM. NAD 83. CENTRAL ZONE AND ADJUSTED TO FOR PARCEL 81
SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012.
COUNTY: WILLIAMSON
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A GRANTOR: ORS11-29(TX),INC.
COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
RECORD INFORMATION SHOWN ON THIS PLAT IS BASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT. S U R V C 0 N INC.
3. THIS PLAT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS PROFESSIONAL SURVEYORS
DESCRIPTION.
4. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FILE 5316 HWY. 290 WEST. SUITE 480
PROVIDED BY TURNER. COLLIE AND BRADEN. INC. AUSTIN. TEXAS 78701
5. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON ��"'�
TELEPHONE (512) 899-8282. FAX f512) 899-9390
COUNTY. TEXAS.
EMAIL: oust i nLasurvcon.corn
6. w.C.P.R. INDICATES WILLIAMSON COUNTY PLAT RECORDS.
T. w.C.D.R. INDICATES w 50 OU TY DEED RECORDS, SCALE: 1 " = 100' JOB #• 417-658
�7.OU
� ® DATE: MAR 2000 F.B. #: HWY 45
DATE:
4JAPDEAN CANINEDRAWN BY. TC CAD FILE: S45PAR-81
CANINE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO. 4345 CHECKED BY: WJM
09/14/01 FRI 15:39 FAX 512 479 6669 AUSTIN TITLE COMPANY 10 006
F'arcel NQ. 81 �ZZCxN�C._. Q((L`.� � ��'"� O4-
0/;(n
SPECIAL WARRANTY DEED
State Highway 45 Right-of-Way
THE STAAITE OF TEXAS §
COUNTY i0F WILLIAMSON §
WHEREA.%, the City of Round Rock, Texas is authorized to purchase land and such
other property rights deemed necessary or convenient for the construction,
expansipn, enlargement, extension, improvement, or operation of a portion of
the proposed State Highway 45 ("Project") ; and,
WHEREAS6 the purchase of the hereinafter-described premises has been deemed
neces9a�,-y or convenient for the construction, expansion, enlargement,
extension, improvement, or operation of the Project;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, QRS11-29 (TX) , INC. , 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 Rmck, 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, '11exas all those certain tracts or parcels of land lying and being
situated in the County of Williamson, State of Texas, being more particularly
descril)pd as follows :
Parcel No. 81 : 0. 061 (2, 657 square feet) acres, more or lees,
oult of the JACOB M. HARRELL SURVEY. ABSTRACT NO. 284,
Willliamson County, Texas, and being more particularly
delscribed in Exhibit "A" , attached hereto and incorporated
helrein.
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 toItake and use all other minerals and materials thereon, therein and
thereunder.
Wj.�h respect to Parcel No. 81 (Exhibit A) Grantors hereby acknowledge
that thdir use of and access to the expressway lanes to be constructed in
conjunctlion with the Project of which the land hereby conveyed shall become a
part, shall be and forever remain subject to the same regulation by legally
constitulted authority as applies to the public's use thereof; and Grantors
further acknowledge that the design and operation of such Project require that
access from Grantors' remaining property to said Project shall be governed
henceforth as indicated in Paragraphs (A) and/or (B) hereinbelow; and all
abutter'Is rights, including rights of ingress and egress and the right of
direct access to and from Grantors' remaining property to said Project, which
i
WORLDouCORRIRANS/Sx45r01tSI1,a1SWDE D!00010719 1,
i
09/,14/01 FRI 15:40 FAX 512 479 6669 AUSTIN TITLE COMPANY 10 007
have agerued or might otherwise accrue to Grantors, their heirs, successors or
assigns; are hereby waived, released and relinquished insofar as they appertain
to Par9graph (B) hereinbelow:
(A) Access to and from Grantors, remaining property will be permitted:
To the north remainder abutting the highway facility.
(B) Access to and from Grantors, remaining property will be denied:
Aacess will not be denied.
RESERVAITIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements,
rights-bf-way, and prescriptive rights, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil, gas or other
mineraIlleases, 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
improv(gnents; and taxes for the current year, the payment of which Grantee
assumes;,
TO HAV9 AND TO HOLD the premises herein described and herein conveyed
together with all and singular the rights and appurtenances thereto in
any wipe belonging unto the City of Round Rock, Texas and its assigns
forever; and Grantors do hereby bind ourselves, our heirs, executors,
administrators, successors and assigns to Warrant and Forever Defend all
and singular the said premises herein conveyed unto the City of Round
Rock, Texas and its assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under
Granto;tls, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN W2 NESS WHEREOF, this instrument is executed on this the day of
J ' 2001 .
QRS11-29 (TX) , INC.
I
By:
Name :
Title:
Address:
RECORDERS MEMORANDUDE.
WORLDOX/COU�RANS/SII/QRSI1-291SWDEW/00010719 2. All or parts of the text on this page was not
clearly legible for satisfactory recordation,
i
i
i
. 09/14/01 FRI 15:40 FAX 512 479 6669 AUSTIN TITLE COMPANY 10008
,
i
Acknowledgments
LW4�
State of Wtxers
County; of dei'
This instrument was acknowledged before me on this the da of
��Jct-, , 2 0 01 by O�v 1 ti?.. M, �i R I (e- R y
�t�Stb�cxQ�sr � of QRS11-29
(TX) , INC. , a corporation, on behalf of said corporation.
Notary Pub c, State of `jr}as-
PREPAR9D IN THE OFFICE OF: JESSICA B.$IM '!N
Sheets & Crossfield, P.C. NoWy ubtlo,State 0 NrNtVWk
309 East Main Nes41 Si603Mt
Round Rock, Texas Quaf�ied i No*Yo*�20SL
Commission Eames Depee n
AFTER 4RCORDING RETURN TO:
Austin Title Company
101 E. Settlers Blvd.
Suite 100
Round Rock, Texas 78664
i
1.40,
PLam•w _...;-�
�4
i
WORLDO.VCOU rTKANS/SH4 SIQRS 11,29/SWOEM00010719
3' RECORDERS MEMORAN YU lv:
All or parts of the text on this page was no
clearly legible for satisfactory recordation
PARTIAL RELEASE OF LIEN
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON:
THAT the undersigned, of the County of Galveston and State of Texas, the present legal
owner and holder of that certain promissory note in the original principal sum of EIGHT MILLION
AND NO/100 DOLLARS ($8,000,000.00), dated June 24, 1996, and described in a Deed of Trust,
Security Agreement and Financing Statement duly recorded in Document No.9636515 ofthe Official
Records of Williamson County, Texas, executed by QRS 11-29 (TX), INC., a Texas Corporation,
payable to the order of AMERICAN NATIONAL INSURANCE COMPANY; said note being
secured by Deed of Trust, Security Agreement and Financing Statement liens, being against,
AMONG OTHER PROPERTY, the following described property, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL
PURPOSES;
for a good and valuable consideration paid to the undersigned, the receipt and sufficiency of which
is hereby acknowledged,hereby RELEASES and DISCHARGES the above described real property
from said liens.
BUT it is expressly agreed and understood that this is a PARTIAL RELEASE and that
the same shall in no wise release,affect or impair said liens against any other property in said
instruments mentioned.
EXECUTED this the day of 2001.
AMERICAN NATIONAL INSURANCE
COMPANY
By:
Name LICTILRE
Title: Vi _,-z-, 2res',dent
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE me, a Notary Public,on this day personally appeared hA ij,6 D . BRI L H;,&w,
P c, pkc->r >&I\) of AMERICAN NATIONAL INSURANCE COMPANY, a
Texas corporation, on behalf of said corporation, known to me (or proved to me on the oath of
or through ), to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office this 2-0 day of /'-�r i L , 2001.
NOTARY PUBL&in and for
' the State of Texas
+o~ � VIC:KY J. MILLS _
Notary Public
• STATE OF Typed o printed name of Notary
TEXAS
IMYC0rnM Expo. My commission expires:
AFTER RECORDING RETURN TO:
GRANTEE:
•9/fii abed
�XHiI'I' A_ Fage 1of 2 Pages
County: Williamson
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 81
Being a 0.061 of one acre tract (2,657 square feet) of land situated in the Jacob M. Harrell
Survey A-284, Williarnson County, Texas and being a portion of Lot 1,, TOWN &ND
COUNT) v Mer t SVISION, recorded in Cabinet L, Slide 57 of the Williamson County
- 'lat Records (W.C.P.R.) as couveyed by Woodmen of the World Life Insurance Society to
QRS11-29(Tx),Inc., recorded in Volume 2427, Page 328 of the Official Records of Williamson
County,Texas (O.R.W.C.T.). Said 0.061 of one acre tract being more particularly described by
metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
COMMENCING at a 1/2-inch iron rod found for the northwest comer of said Lot I and the
northeast corner of a called 14.625 acre tract of land conveyed to DDR DB Development
Ventures,LP,a Texas limited partnership, recorded in Document No. 9844186 O.R.W.C.T.;
THENCE, South 05°3403" East (N 03'04'19" W) along the line common to said Lot 1 and said
14.625 acre tract, a distance of 919.17 feet to a Texas Department of Transportation (TxDOT)
brass disk in concrete set(X= 3,133,266.30, X= 10,149,734.70)in the proposed northerly right-
of-way line of State Highway 45 at 212.04 feet left of and perpendicular to State Highway 45
Baseline Station 541+39.73 for the northwest corner and POINT OF BEGINNING of the
herein described tract;
1. THENCE, North 84°27'37" East, along the proposed northerly right-of-way line of State
Highway 45,a distance oW;88 feet to a 1/2-inch iron rod with a TxDOT aluminum cap set
at 216.38 feet left of and perpendicular to State Highway 45 Baseline Station 546 -23.59 for
the northeast cornier of the herein described tract and in the northwesterly line of Lot 2, of
said TOWN AND COUNTRY MALL SUBDIVISION;
2. THENCE, South 53°15'53" West, along the line common to said Lot 1 and said Lot 2, a
distance of W-49 feet to a point for the southwest corner of said Lot 2,the southeast comer of
the herein described tract and being in the north line of a called 7.1610 acre tract of land as
conveyed to the State of Texas(Parcel 2), recorded in Volume 1656, Page 810 O.R.W.C.T.;
3. THENCE, South 84°26'59" West(S 86°55'08" W), along the line common to said Lot 1, said
X§10 acre tract of land as conveyed to the State of Texas (Parcel 2) and a 2.2540 acre tract
cAI'land as conveyed to the State of Texas (Parcel 3), recorded in Volume 1656, Page 810
O.R.W.C.T, a distance ofA24473 feet to a 5/8-inch iron rod found for the southwest comer of
said Lot 1 and being an extenor corner of said 14.625 acre tract;
IIECORDERS MEMORANDUM
All or parts of the text on this page was not
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recordation. 41'7b5$lpaccels�,dac1PAR,81.doc
Annirnn V SIMS 'IZoxx DON NAOHs xvd C5:90 NOR Taaziztiso
v ��C 2bLd
' �XJIBIT A Pagc 2 of 2 Pages
4. THENCE, North 05034103" West (N 03004119" '), departing said 2.2540 acre tract of land
as conveyed to the State of Texas (Parcel 3) and along the line common to said 14.625 acre
tract and said Lot 1, a distance of.�.f 3 feet to the POINT OF BEGINNING and containing
a computed area of 0.061 of one acre(2,657 square feet)of land more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
pxovided by Turner Collie and Grade Inc.
r,
]ay Dean Canine
Registered Professional Land Surveyor • •'•--
Texas Registration Number 4345 ' �
SURVCON INC.
5316 Highway 290, Suite 480
Austin,Texas 78735
(512) 899-8282
April 17,2000
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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 ainount of the
loss or
an indebtedness secured by a purchase money mortgage given by a purchaser from the damage. If the Company is prejudiced by the failure of the insured claimant to provide
insured, or only so long as the insured shall have liability by reason of covenants of the required proof of loss or damage, the Company's obligations to the insured under
warranty made by the insured in any transfer or conveyance of the estate or interest. the policy shall terminate, including any liability or obligation to defend, prosecute,
or
This policy shall not continue in force in favor of any purchaser from the insured of either continue any litigation,with regard to the matter or matters requiring such proof
of loss
(i)an estate or interest in the land,or(ii)an indebtedness secured by a purchase money or damage.
mortgage given to the insured. In addition, the insured claimant may reasonably be required to submit to
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. examination under oath by any authorized representative of the Company and shall
The insured shall notify the Company promptly in writing(i)in case of any litigation produce for examination, inspection and copying,at such reasonable times and places
as set forth in Section 4(a) below, or(ii) in case knowledge shall come to an insured as may be designated by any authorized representative of the Company, all records,
hereunder of any claim of title or interest that is adverse to the title to the estate or books, ledgers, checks, correspondence and memoranda, whether bearing a date
interest,as insured,and that might cause loss or damage for which the Company may before or after Date of Policy,which reasonably pertain to the loss or damage.Further,if
be liable by virtue of this policy. If prompt notice shall not be given to the Company, requested by any authorized representative of the Company,the insured claimant shall
then as to the insured all liability of the Company shall terminate with regard to the grant its permission, in writing, for any authorized representative of the Company to
matter or matters for which prompt notice is required;provided, however,that failure to examine, inspect and copy all records, books, ledgers, checks, correspondence and
notify the Company shall in no case prejudice the rights of any insured under this policy memoranda in the custody or control of a third party, which reasonably pertain to
the
unless the Company shall be prejudiced by the failure and then only to the extent of the loss or damage. All information designated as confidential by the insured claimant
prejudice. provided to the Company pursuant to this Section shall not be disclosed to others
When,after the date of the policy, the insured notifies the Company as required unless,in the reasonable judgment of the Company,it is necessary in the administration
herein of a lien, encumbrance, adverse claim or other defect in title to the estate or of the claim. Failure of the insured claimant to 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 to secure
coverage of this policy,the Company shall promptly investigate the charge to determine reasonably necessary information from third parties as required in this paragraph shall
whether the lien,encumbrance,adverse claim or defect is valid and not barred by law or terminate any liability of the Company under this policy as to that claim.
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
0220455 L 491 $*****40,000:00 $****510.00 1000
LAWYERS TITLE INSURANCE CORPORATION
---------------------
OWNER POLICY OF
TITLE INSURANCE
---------------------
CASE NUMBER DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
2001 RR 220455-L (215) /khs 11/ 5/2001 $*****40,000.00 0220455
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:
0.061 (2,657 SQUARE FEET) ACRES, MORE OR LESS OUT OF JACOB M. HARRELL
SURVEY
DESCRIBED 2IN,EXHIBITM"All ACOUNTY
EXARE�!'OAND B ING MORE PARTICULARLY
AUSTIN TITLE COMPANY
Countersigned By:
Aiit- orized eUna ure
Texas Owners Policy T-1 (Rev. 1-1-93) Valid Only If Schedule B
Schedule A And Cover Page Are Attached
. EXHIBIT _ Page f of 2 Pages
County: WilliamsonEXviea A
Highway: State Highway 45
Limits: From West of US 183 to FM 685
CSJ:
Property Description for Parcel 81
Being a 0.061 of one acre tract (2,657 square feet) of land situated in the Jacob M. Harrell
Survey A-284, Williamson County, Texas and being a portion of Lot 1, TOWN AND
COUNTRY MALL SUBDIVISION, recorded in Cabinet L, Slide 57 of the Williamson County
Plat Records (W.C.P.R.) as conveyed by Woodmen of the World Life Insurance Society to
QRS 11-29 (Tx), Inc., recorded in Volume 2427, Page 328 of the Official Records of Williamson
County, Texas (O.R.W.C.T.). Said 0.061 of one acre tract being more particularly described by
metes and bounds as follows with all bearings and coordinates based on the Texas State Plane
Coordinate System, NAD 83, Central Zone and adjusted to surface using a surface adjustment
factor of 1.00012:
COMMENCING at a 1/2-inch iron rod found for the northwest corner of said Lot 1 and the
northeast corner of a called 14.625 acre tract of land conveyed to DDR DB Development
Ventures, LP, a Texas limited partnership, recorded in Document No. 9844186 O.R.W.C.T.;
THENCE, South 05°34'03" East (N 03004'19" W) along the line common to said Lot 1 and said
14.625 acre tract, a distance of 819.17 feet to a Texas Department of Transportation.(TxDOT)
brass disk in concrete set(X = 3,133,266.30, Y = 10,149,734.70) in the proposed northerly right-
of-way line of State Highway 45 at 212.04 feet left of and perpendicular to State Highway 45
Baseline Station 54.1_+39.73 for the northwest comer and POINT OF BEGINNING of the
herein described tract;
1. THENCE, North 84027'37" East, along the proposed northerly right-of-way line of State
Highway 45, a distance of 483.88 feet to a 1/2-inch iron rod with a TxDOT aluminum cap set
at 216.38 feet left of and perpendicular to State Highway.45 Baseline Station 546+23.59 for
the northeast corner of the herein described tract and in the northwesterly line of Lot 2, of
said TOWN AND COUNTRY MALL SUBDIVISION;
2. THENCE, South 53°15'53" West, along the line common to said Lot 1 and said Lot 2, a
distance of 10.69 feet to a point for the southwest comer of said Lot 2, the southeast corner of
the herein described tract and being in the north line of a called 7.1610 acre tract of land as
conveyed to the State of Texas (Parcel 2), recorded in Volume 1656, Page 810 O.R.W.C.T.;
3. THENCE, South 84°26'59" West (S 86055'08" W), along the line common to said Lot 1, said
7.1610 acre tract of land as conveyed to the State of Texas (Parcel 2) and a 2.2540 acre tract
of land as conveyed to the State of Texas (Parcel 3), recorded in Volume 1656, Page 810
O.R.W.C.T, a distance of 474.73 feet to a 5/8-inch iron rod found for the southwest corner of
said Lot 1 and being an exterior corner of said 14.625 acre tract;
41765 8\parcels\doc\PAR81.doc
�XHIBIT A Page 2 of 2 Pages
4. THENCE, North 05°34'03" West (N 03004'19" W), departing said 2.2540 acre tract of land
as conveyed to the State of Texas (Parcel 3) and along the line common to said 14.625 acre
tract and said Lot 1, a distance of 5.63 feet to the POINT OF BEGINNING and containing
a computed area of 0.061 of one acre (2,657 square feet) of land more or less.
This Metes and Bounds description is accompanied by a separate plat.
Calls in parenthesis denote record information.
The proposed baseline information recited herein is based on a design schematic drawing
provided by Turner Collie and Braden, Inc.
Jay Dean Canine «.-.-.««►-..............
Registered Professional Land Surveyor •••••
Texas Registration Number 4345 '
SURVCON INC.
5316 Highway 290, Suite 480
Austin, Texas 78735
(512) 899-8282
April 17, 2000
417658\parce1s\doc\PAR81.doc
SURVEY LEGEND -----_---__
- FOUND TXDOT BRASS DISK IN CONCRETE JACOB MM PROPOSED R.O.w. '+
Cl = SET TXOOT BRASS DISK IN CONCRETE C . BARBELL S
N84.27'37'E
SURVEY, A-284 , �� •`
O = SET loj' IRON ROO M/TXOOT ALUM. CAP SFOUND NOS•34'03'W N84 37'31'E S z
.88
0 - FOUND 1,2: IRON ROO UNLESS OTHERWISE NOTED ti 1.R. 5.63'(NO3.04'19'W) 553.15'53"w
® = FOUND 4' X 4' CONCRETE MONUMENT S84.26'59'w 10.69'
LOT + EXISTING R.O.w. S84.26'59'w � N
= CALCULATED POINT TOWN AND COUNTRY 474.73'
R = PROPERTY LINE P.O.C. PARCEL 61 MALL SUB. DETAIL 'B'
CAB. L. SL. 57 DETAIL A LOT 2
BASELINE w.C.P.R. N.T.S. LDWN AND COUNTRY N.T.S.
= UTILITY POLE CONVEYED TO' MALL SUB.
ORS11-29(TX),INC. CAB. L. SL. 57
CALLED 13.337 ACRES W.C.P.R. ACREAGE
DOR 08 DEVELOPMENT VENTURES: TRACTS 1 AND 2 DEDICATED TO
2427/328 CITY OF ROUND ROCK SUMMARY
LP. A TEXAS LIMITED:PARTNERSHIP a. O.R.W.C.T. FOR RIGHT-OF-WAY (SO.FT.I
CALLED 14.625 ACRES o• PER PLAT
DOC. V9844186 °'
0
O.R.W.C.T:• P.O.B. PARCEL81 10' ELECTRIC STA. 546+23.59 .L�.�'A PROPERTY (570.026)
�o X=3.133.266.30 \\ \ EASE►E L
,o. 10.149.734.70 \ 1030/ AREA-
�'
�p =STA. 541+39.73 \ O.R.W.�:T..I SEE DETAIL "B' ,S� ACQUIRED (2.657)
rZ LT. 212.04' T PROPOSED R.O.W. 6q
,°�V SEE DETAIL "A' _._ \\ \ 8 1 '^ S 4.• REMAINDERLE (567.369)
\ : .5
•• (
$86155'08W. 474.92') g
• N84.27'37'E. \\ \ 483.88' g5�`
�..........
----y • -1-- ------- S84.26'.59'W. \ \\
Z- 474.73'
IN85.40'26-"E-J 1N85.40'26'E. 347.21')
F OUND 7.5' PUBLIC
------ ---T--
I.R. UTILITY EASEMENT EXISTING R.O.W. UTILITY EASEMENT
CAB.WGC.PIR. 365 \ \ : CAB. G. SL. 365
\ \' W.C.P.R. • o
LARTNEC INVESTMENT CO. o go s
REMAINDER OF
A CALLED 40.00 ACRE ..I I - e1s.
824/572 �ot I - 8 101
STATE OF TEXAS W.C.DR. mol I STATE OF TEXAS
CALLED 2.2540 ACRES 1;N .o •
PARCEL 3 'n°,NI 1 NN CALLED 7.1610 ACRES 78
1656/810 1 40' ACCESS EASEMENT /656/810 •
O.R.W.C.T.
CALLED 0. 255JACRES O.R.W.C•T.
TRACT 3
2427/328
O.R.W.C.T.
-- -------- ----� S.H.45
0 0 z"1 't 00
i '^_
T -I- -- -+------- --- ----- ------- T
-- --------
-I--
545+00
WHOLE PROPERTY
INSET
NOT TO SCALE
NOTES:
1. BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE S.H.4 5
COORDINATE SYSTEM. NAO 83. CENTRAL ZONE AND ADJUSTED TO PARCEL PLAT
SURFACE USING AN ADJUSTMENT FACTOR OF 1.00012. FOR PARCEL 81
2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COUNTY: WILL IAMSON
COMMITMENT FOR TITLE INSURANCE AND MAY NOT INCLUDE GRANTOR: ORS11-29(TX),INC.
EASEMENTS AND INFORMATION PERTAINING TO THIS TRACT.
RECORD INFORMATION SHOWN ON THIS PLAT IS BASED ON PUBLIC
INFORMATION. THE SURVEYOR HAS NOT ABSTRACTED THIS TRACT.
3. THIS PLAT IS ACCOMPANIED BY A SEPARATEMETES AND BOUNDS SUR V CO N INC.
DESCRIPTION.
4. THE BASELINE SHOWN HEREON IS PER A DESIGN SCHEMATIC FILE PROFESSIONAL SURVEYORS -
PROVIDED BY TURNER. COLLIE AND BRADEN. INC. 5316 HWY. 290 WEST. SUITE 480
S. O.R.W.C.T. INDICATES OFFICIAL RECORDS OF WILLIAMSON =•-+ AUSTIN. TEXAS 78701
COUNTY, rexAs. TELEPHONE (512) 899-8282. FAX t'512) 899-939C
w.N-
6. w.C.P.R. INDICATES NILIIAMSON COUNTY PLAT RECORDS.
EMAIL: Oust incpsurvcon.com
7. W.C.O.R. INDICATES w TY DEED RECORDS. Q SCALE' 1 " = 100' JOB �: 417-658
.__!?::�,
DATE:
DATE: MAR 2000
F.B. tl': HWY 45
JA DEAN CANINE -- --
REGISTERED PROFESSIONAL LAND SURVEYOR DRAWN BY: TC CAD FILE: S45PAR-81
TEXAS REGISTRATION NO. 4345
CHECKED BY: WJM
PAR8ICLOSURE.TXT
Z: \417658\PARCELS\FINALS\CLOSURES\CLOSE-81 Job Description:
15: 32: 45 04/13/00 Page No
. . 1
-----------------------------------------------------------------------
Lot Z: \417658\PARCELS\FINALS\Closures\81 .clo
From PNT Bearing Distance Northing Easting To Pnt
1 N84027 ' 37"E 483. 88 0. 000 0. 000 2
2 S53015' 53"W 10. 69 46. 712 481. 620 3
3 S84026' 59"W 474 . 73 40. 318 473. 053 4
4 N05034103"W 5. 63 -5. 598 0. 549 5
Square Feet 2674 . 7 Acres 0. 061
Square Metres : 248 . 48 Hectares 0. 025
TOTAL Traverse Distance : 974 . 93
TOTAL Traverse Perimeter: 974 . 93
TOTAL Traverse Stations : 5
CLOSURE Direction : S22056101"W
CLOSURE Distance 0. 01
ERROR of Closure 1: 154671
Frontage: 974 . 930000.
Page 1
LAWYERS TITLE INSURANCE CORPORATION
---------------------
OWNER POLICY OF
TITLE INSURANCE
---------------------
CASE NUMBER DATE OF POLICY NUMBER
POLICY
2001 RR 220455-L (215)/khs 11/ 5/2001 0220455
SCHEDULE B
This policy does not insure against loss or damage (and the Com any will
not pay costs, attorney's fees or expensed 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) :
VOLUME 824, PAGE 572, DEED RECORDS, WILLIAMSON COUNTY, TEXAS.
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
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, corLorations, government or other entities
a. to tidelands, or lands comprising the shores or beds of navigable or
erennial rivers and streams lakes, bays, gulfs or oceans, or
b. o lands beyyond the line of the harbor or bulkhead lines as established
or changed by any government, or
C. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of
vegetation, or the right of access to that area or easement along and
across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year
2001 , and subsequent years; and subsequent taxes and assessments by any
taxing authority for prior years due to change in land usage or ownership,
but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the roperty under Section 11.13, TEXAS TAX
CODE, or because of improvements not assessed for a previous tax year.
6. The followinmatters and all terms of the documents creating or offering
evidence of he matters (We must insert matters or delete this exception. ) :
RIGHTS OF PARTIES IN POSSESSION.
7. ANY VISIBLE AND/OR APPARENT ROADWAY OR EASEMENT OVER OR ACROSS THE SUBJECT
PROPERTY, THE EXISTENCE OF WHICH DOES NOT APPEAR OF RECORD.
8. ANY PORTION OF THE PROPERTY HEREIN DESCRIBED WHICH FALLS WITHIN THE
BOUNDARIES OF ANY ROAD OR ROADWAY.
9. AN EASEMENT DATED MAY 29, 1951, GRANTED TO TEXAS POWER AND LIGHT COMPANY
BY C.B. STROUD AND WIFE, JULIA P. WHITE STROUD, RECORDED IN VOLUME 372,
( CONT. ON SCH. B, PAGE 2 )
Texas Owners 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 220455-L (215)/khs 11/ 5/2001 0220455
SCHEDULE B
PAG 65 DEED RECORDS WILLIAMSON COUNTY TEXAS (EASEMENT FOR ELECTRIC
AND�OR tELEPHONE LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
10. AN EASEMENT DATED AUGUST 15 1958, GRANTED TO TEXAS POWER AND LIGHT
COMPANY BY ERNEST R. ANDERSEN AND WIFE NANCY M. ANDERSON RECORDED IN
VOLUME 427 PAGE 11 DEED RECORDS WILLIAMSON COUNTY TEUS (EASEMENT FOR
ELECTRIC A&D/OR TELEPHONE LINES, tOGETHER WITH ALL RfGHTS RECITED THEREIN)
11. AN EASEMENT DATED JANUARY 9 1962, GRANTED TO SOUTHWESTERN BELL TELEPHONE
COMPANY BY E.R. ANDERSON ANIS MANCY ANDERSON, RECORDED IN VOLUME 457, PAGE
275 DEED RECORDS WILLIAMSON COUNTY TEXAS (EASEMENT FOR TELEPHONE AND
COMMUNICATION LINES, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
12. AN EASEMENT DATED DECEMBER 17, 1982, GRANTED TO ROUND ROCK OUTLET LTD. BY
LARTNEC INVESTMENT COMPANY AN IOWA COMPANY, RECORDED IN VOLUME 961, PAGE
TOGETHERDEED
WITHOALL,RIGHTSARECCITEWILLION DUTHEREINTEXAS'
(EASEMENT FOR ACCESS,
13. AN EASEMENT DATED DECEMBER 17, 1982, GRANTED TO ROUND ROCK OUTLET LTD. BY
LARTNEC INVESTMENT COMPANY AN IOWA COMPANY, RECORDED IN VOLUME 961, PAGE
147 DEED RECORDS, WILLIAMEON COUNTY TEXAS. (EASEMENT FOR ACCESS,
TOGETHER WITH ALL RIGHTS RECITED THEkEIN)
14. AN EASEMENT DATED JUNE 13 1984, �A
GRANTED TO CROSSROADS INC. AN ARKANSAS
CORPORATION BY LARTNEC IWMSTMENT COMPANY AN IOWA COMNY, RECORDED IN
VOLUME 1030 PAGE 849, OFFICIAL RECORDS, IkILLIAMSON COUNTY TEXAS.
(EASEMENT F6R ACCESS, TOGETHER WITH ALL RIGHTS RECITED THEkEIN)
15. AN EASEMENT DATED JUNE 13, 1984, GRANTED TO CROSSROADS INC. AN ARKANSAS
NY
CORPORATION BY LARTNEC INVESTMENT COMPANY, AN IOWA COM§A , RECORDED IN
VOLUME 1030 PAGE 853, OFFICIAL RECORDS, WILLIAMSON COUNTY TEXAS.
(EASEMENT FbR ACCESS, TOGETHER WITH ALL RIGHTS RECITED THEkEIN)
16. AN EASEMENT AS SET OUT IN WARRANTY DEED DATED JANUARY 26, 1983 RECORDED
IN VOLUME 904 PAGE 858, DEED RECORDS WILLIAMSON COUNTY TEXAS TOGETHER
WITH ALL RIGHtS RECITED THEREIN. (EASEMENT FOR ACCESS, tOGETHEk WITH ALL
RIGHTS RECITED THEREIN)
17. AN EASEMENT AS SET OUT IN TRUSTEE'S DEED DATED DECEMBER 2 1986 RECORDED
IN VOLUME 1453, PAGE 683, OFFICIAL RECORDS, WILLIAMSON CONTY 'TEXAS
TOGETHER WITH ALL RIGHTS RECITED THEREIN. (EASEMENT FOR ACCESS, TOGETHER
WITH ALL RIGHTS RECITED THEREIN)
18. A MEMORANDUM OF LEASE DATED DECEMBER 3 1993 EXECUTED BY GARDEN RIDGE
INC. A TEXAS CORPORATION AS LESSOR AND QRS 11-29 (TX) INC. A TEXAS
CORPORATION, AS LESSEE, RECORDED IN �TOLUME 2427, PAGE 331, OFFfCIAL
( CONT. ON SCH. B, PAGE 3 )
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 220455-L (215)/khs 11/ 5/2001 0220455
SCHEDULE B
RECORDS WILLIAMSON COUNTY TEXAS FURTHER AFFECTED BY SUBORDINATION
NON-DIS' URBANCE AND ATTORRAENT AGREEMENT DATED JULY 15, 1996 RECORDAD AS
DOCUMENT #96365181 OFFICIAL RECORDS, WILLIAMSON COUNTY, TEXAS.
19. AN EASEMENT DATED AUGUST 4 1936, GRANTED TO TEXAS POWER AND LIGHT COMPANY
BY ERNEST R. ANDERSON AND *IFE MANCY ANDERSON RECORDED IN VOLUME 282
PAGE 374 DEED RECORDS, WILLIKASON COUNTY, TEUS. (EASEMENT FOR ELECTkIC
LINE, TOGETHER WITH ALL RIGHTS RECITED THEREIN)
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 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
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 $1,000,000 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 B11 - 0019498